The Tyranny of New York's Even Year Election Law

Written by William A. Brewer III

Last month, I shared my views in the Finger Lakes Times, in an op-ed response to the argument for New York's Even Year Election Law. In that piece, I argued that the law undermines meaningful democratic participation in local elections. While its proponents claim consolidating odd year (local) elections with even year (statewide/national) elections will increase turnout, they ignore its corrosive effects on local governance and the constitutional rights of candidates.

The Constitutional Flaw: Suppressing Local Voices

A core flaw in the Even Year Election Law is its crushing impact on the free flow of information. By forcing municipal races onto crowded federal ballots, the law structurally subordinates local candidates and local issues. Outside of New York City, candidates for town and county offices must now compete for oxygen in the expensive and noisy environment of presidential and congressional campaigns. This is not merely a practical inconvenience; it is a burden on the First Amendment rights of candidates to communicate effectively with their constituents. In a federal lawsuit my firm argues that these consequences—along with longer ballots, higher campaign costs, and depressed, low-information voting for down-ballot races—are fatal to its constitutional viability.

The Illusion of Progress: High Turnout, Low Information

Proponents of this law are willing to accept less-informed voting in exchange for a higher raw vote count. The answer to low voter participation is not to subordinate local elections and hope for a trickle-down of voter attention from national races. The result is not greater engagement — it is the displacement of meaningful debate on local issues. True democratic health is not measured by turnout totals alone, but by the degree of meaningful participation. A voting system system that encourages citizens to vote on local matters with little to no information does not strengthen democracy. It weakens it.

A Better Path: The Case for Meaningful Participation

The argument that this law is necessary to increase voter turnout is demonstrably false. In 2025, New York City witnessed its highest voter turnout for an odd-year mayoral race in a half-century — because the candidates and issues commanded the full attention of the electorate. Voters had the clarity to evaluate platforms and make informed choices. Tellingly, those same voters decisively rejected a proposal to shift their own local elections to an even-year cycle. Democracy is fortified not by centralizing attention at the top of the ticket, but by ensuring voters can make informed choices about the local governance that shapes their daily lives.

Learn more about the constitutional challenge led by Brewer, Attorneys & Counselors to New York's Even Year Election Law.