New City, NY – In a significant legal move, Rockland County, spearheaded by County Executive Ed Day, has filed a lawsuit against the State of New York. The suit challenges a new state law that mandates local elections occur only in even-numbered years, a requirement that allegedly violates the county’s charter by reducing the terms of office for local officials and potentially overshadowing local elections with state and federal ones.
The law in question, identified as S3505B/A4282B, Chapter 741, was primarily supported by urban legislators whose regions are unaffected by the change. In contrast, suburban and rural areas like Rockland, whose legislators voted 2 to 1 against the bill, are directly impacted. The lawsuit, filed on April 22, 2024, seeks to preserve Rockland’s local governance autonomy, emphasizing the importance of home rule in a state that values local control over municipal affairs.
County Executive Day articulated his objection to the law: “This law is another attempt to override local charters, laws, and control in a home rule state and the oath I took is to our Federal and State Constitutions, our charter, and the people of Rockland County not Governor Hochul. Local governments are the most responsive and responsible to the everyday person and play a vital governance role for drinking water, social services, sewage, zoning, schools, roads, parks, police, courts, jails, trash disposal — and more- and we have a constitutional right to say how our local officials are chosen.”
The county also disputes the state’s justification for the election timing change, which suggests that annual voting could confuse and fatigue voters. County Attorney Thomas Humbach criticized this rationale, stating, “Without citation to any evidence, the State believes voters are incapable of voting once a year due to being confused and fatigued. I do not know about the constituents of the Governor and the sponsors of this bill, but the voters of Rockland County believe in the democratic process, understand that local elections are important (after all for most middle-class people, half of their taxes and more of their services come from local government) and can handle voting once a year.”
By taking legal action, Rockland County aims to assert its right to self-governance and protect its residents from state overreach that could diminish the focus on local issues during election cycles. This case marks a critical stance on maintaining local control and ensuring that elections truly reflect the needs and wishes of local constituents.