Plaintiffs File Second Amended Complaint, Advancing FIrst Amendment Challenge to New York’s Even Year Election Law
Candidates from Four Counties Press Constitutional Case Against State Election Officials
New York — July 9, 2026 — Plaintiffs today accepted the court’s invitation to file a Second Amended Complaint in New York Republican State Committee, et al. v. Kosinski, et al., No. 2:25-cv-06083 (E.D.N.Y.), focusing their challenges to New York's Even Year Election Law ("EYEL") on the First Amendment. The second amended complaint names the individual commissioners of the New York State Board of Elections as defendants.
The Second Amended Complaint limits the case to a single First Amendment claim brought under 42 U.S.C. § 1983. It is brought by a coalition that includes the New York Republican State Committee, the Nassau and Suffolk County Republican Committees, the New York State Association of Town Superintendents of Highways, Inc., and individual candidates from Nassau, Suffolk, Westchester, and Rockland counties.
"At its core, this case has always been about the protection the First Amendment provides for candidates seeking public office. The high court has repeatedly held that states may not change election rules to silence the voices it would rather not hear," said William A. Brewer III, partner at Brewer, Attorneys & Counselors and lead counsel for the Plaintiffs.
"For more than a century, New York protected local elections as a forum where town and county candidates could speak directly to voters about local issues,” Brewer added. “The Even Year Election Law dismantles that protection and intentionally buries local candidates beneath the noise of national campaigns. We are confident that when the evidence is heard, the Constitution will not tolerate this deliberate suppression of local political speech."
Background on Challenge
Enacted in December 2023, the EYEL moves thousands of local elections outside New York City from odd-numbered to even-numbered years, consolidating town and county races onto the same ballots as federal and statewide contests. New York City's local elections were expressly exempted from the law's operative provisions.
Plaintiffs allege that the law was designed to submerge local candidates beneath high-salience national and statewide races — relegating them to what courts have termed "Ballot Siberia" — thereby inflating the cost of political speech, foreclosing traditional channels of candidate-voter communication, and translating the statewide majority party's advantage into control of local offices in counties where the minority party has historically competed on local issues.
The second amended complaint filing follows the June 29, 2026 order of Judge Gary R. Brown, which did not reach the merits of plaintiffs' central claim: that the Even-Year Election Law violates the First Amendment rights of candidates and political committees. The court granted leave to name the individual commissioners of the New York State Board of Elections as defendants in the Second Amended Complaint. Judge Brown dismissed claims against Gov. Kathy Hochul, the State of New York, and the New York State Board of Elections on jurisdictional grounds.
The Second Amended Complaint names as defendants the four commissioners of the New York State Board of Elections — Peter S. Kosinski, Anthony J. Casale, Henry T. Berger, and Essma Bagnuola — each sued in their official capacity for their role in administering and enforcing the EYEL.
Statements from Candidate Plaintiffs
Mazi M. Pilip - Candidate: County Legislator, Nassau
"I immigrated to this county to participate in a democracy where all voices deserve to be heard as part of the democratic process. The Even Year Election Law is a cynical attempt by extreme City Democrats to usurp the democratic process of localities and take away the voice of local municipal officials. Burying local issues and concerns, which are rooted in centuries of tradition, law and practice is wrong. I will fight with neighbors on Long Island and throughout the state for the rights and the voice of local voters."
John Ferretti - Candidate: Town Supervisor, Hempstead, Nassau
"Hempstead's candidates' messages are being intentionally smothered beneath the state and national election, making it cost prohibitive for local officials to share important information with voters on television, radio, streaming outlets, and other platforms. This calendar rig was designed to centralize power in Albany while drowning out local issues with national noise. New York City politicians in Albany have engaged in a craven power grab, which will make it impossible for local officials to have municipal issues heard by the public. Our town refuses to be sidelined; Hempstead will fight this affront to the suburban voters."
Jennifer DeSena - Candidate: Town Supervisor, North Hempstead, Nassau
"Albany forced me and other local officials onto a 2026 ballot engineered to submerge local candidates beneath the national roar and price us out of the conversation. We will not be silenced, and I will not let the families of North Hempstead be ignored. Local elections and municipal issues deserve to be decided and overseen locally, not by extreme New York City politicians in Albany."
Laura Ryder - Candidate: Town Councilmember, Hempstead, Nassau
"This bad law was engineered to usurp the voice of local residents and officials by City politicians in Albany's halls of power. That's not right. Albany Democrats should not control our local elections, thereby submerging local issues beneath the chorus of state and national issues, which dominate even year electoral contests. This attempt to bury local messages of municipal officials under a wall of national money cannot stand."
Elaine Phillips - Candidate: County Comptroller, Nassau
"Nassau taxpayers deserve a real, independent debate over how their hard-earned dollars are spent. Albany rigged the calendar to smother that debate beneath a flood of national special interest money. This is an expensive power grab designed to tighten Albany's grip on our local tax dollars – but it won't happen on my watch."
Raheem Soto - Candidate for County Legislature, Suffolk
"I've watched national special interests bury local truths and price honest, grassroots candidates off the airwaves. This is exactly what this law was engineered to do. This is a naked power grab, not public policy."
Jarod Morris - Candidate for County Legislature, Suffolk
"This Albany rig robs Suffolk residents of a real choice by intentionally burying our local candidates beneath national elections. I won't stand by and let Albany quiet our communities."
Laura Endres - Candidate for County Legislature, Suffolk
"As an attorney, I know a rigged system when I see one. This law was deliberately engineered to submerge local candidates beneath the national ticket and price them out of the debate entirely. It is a constitutional overreach that we will defeat in court."
Anthony Colavita - Candidate for Town Supervisor, Eastchester, Westchester County
"Eastchester voters chose me to lead in 2025 — yet Albany made me run again in 2026 on a ballot engineered to submerge local candidates. Democrats rigged the calendar to drown us out, but I won't back down. I'll fight for our town's voice and for our Constitution."
Lauren Marie Wohl - Candidate for Town Clerk, Clarkstown, Rockland County
"Albany rigged the election calendar to shove municipal offices like mine onto a national ballot where our messages are priced out of reach and our candidates are rendered invisible. That was their plan all along. I will not let Rockland County's voice be erased quietly. I will fight for the people of Clarkstown."
Statements from Party Leadership and Supporters
Joseph Cairo, Chairman, Nassau County Republican Committee
"Local issues and concerns, including municipal elections, should be controlled by local officials, not by New York City Democrats in the back rooms of the Capitol in Albany. State Legislators from New York City have obliterated the longstanding practice of having local elections stand on their own in odd year contests while they exempted their own boroughs in New York City. Changing the political calendar, dumping local officials into even year elections, alongside state and federal races will bury local officials and smother their messages at the bottom of statewide and national ballots. This effort to diminish the flow of information to voters is a partisan declaration of war on suburban democracy, and Nassau County will answer it. We will fight for our candidates, our taxpayers, and the First Amendment."
Jesse Garcia, Chairman, Suffolk County Republican Committee
"Suffolk Republicans still believe in winning elections the old-fashioned way: knocking on doors, carrying petitions, engaging voters, and earning trust one neighborhood, one block, and one family at a time. This misguided law was designed to bury that grassroots effort beneath a flood of outside money and political gamesmanship. Rather than changing their failed policies, Albany Democrats keep changing the election rules. Their agenda of defunding the police, coddling criminals, and imposing crushing taxes on Suffolk County's middle-class families continues to be rejected by voters at the ballot box. Instead of listening to the people, they tilt the election law to their favor. Albany may have rigged the calendar against us, but the Suffolk County Republican Committee does not retreat, and we do not surrender."
Jim Moriarty, Nassau County Republican Election Commissioner
"As Nassau's Republican Election Commissioner, the damage this law inflicts on our administrative integrity is plain to see: local candidates will be submerged at the bottom of massive national ballots, their voices priced out of reach. That's not voting reform; it's administrative chaos and a distasteful power grab by New York City Democrats who control the legislative agenda in Albany. What's more, the proffered reasons for the bad law are a ruse. Other ways to achieve its falsely stated goals were never pursued – and it was never true that it would save us any money."
Erin McTiernan, Suffolk County Republican Election Commissioner
"As Suffolk's Republican Election Commissioner, I see the direct fallout of this bad law: local candidates will be crowded onto massively long ballots, their races buried at the very bottom, and their messages drowned out. Suffolk's voters have a right to clearly see and hear the people running to serve their communities and interests. What's worse: the proffered reasons for the bad law are a ruse. Claims it would save us money are demonstrably false. This is just another power grab by Albany Democrats who want complete control, going as far as taking away the voice of New York voters."
Plaintiffs to Press First Amendment Challenge to New York's Even-Year Election Law
June 29, 2026 – A federal court cleared the way for the New York Republican State Committee, along with the Republican committees of Nassau and Suffolk counties, to move forward with their constitutional challenge to New York's Even-Year Election Law, granting leave to file a Second Amended Complaint in New York Republican State Committee v. New York State Board of Elections.
Also granted leave to move forward are several political candidates from four counties.
In today's order, Judge Gary R. Brown did not reach the merits of plaintiffs' central claim: that the Even-Year Election Law violates the First Amendment rights of candidates and political committees. The court granted leave to name the individual commissioners of the New York State Board of Elections as defendants in the Second Amended Complaint. Judge Brown dismissed claims against Gov. Kathy Hochul, the State of New York, and the New York State Board of Elections on jurisdictional grounds.
The First Amendment claim can now move forward against those commissioners. Plaintiffs commend the court's swift handling of the threshold issues.
"This decision clears the way for us to focus on the heart of the case," said William A. Brewer III, partner at Brewer, Attorneys & Counselors and lead counsel for the plaintiffs. "The court resolves a set of preliminary questions and gives us a clear path forward. We intend to take it, and we are confident in the strength of our First Amendment challenge."
The Legal 500 Recognizes Brewer, Attorneys & Counselors Among Top Boutique Firms for Commercial Disputes
June 15, 2026—Brewer, Attorneys & Counselors was selected to The Legal 500'sCommercial Disputes - Boutique Firms list for the first time.
As described by The Legal 500, the Firm is “praised for its ‘vast and varied experience’ in commercial disputes,” with William A. Brewer III, Josh Harris, and William A. Brewer IVreceiving special recognition.
Notably, William Brewer III was also named a Leading Partner in the category, described by The Legal 500 as "The strongest partners in their field… and endorsed by peers and clients alike."
The Firm was recognized in the Commercial Disputes - Boutique Firms category following an extensive ranking process based on peer and client feedback.
Clients praised the Firm’s capabilities, with one noting Brewer professionals provide "the knowledge and horsepower needed to handle all aspects of your legal needs.”
Law 360 Reports on New Storefront Director, Commitment to National Expansion
June 8, 2026 – Law 360 reports today that Efrain Vera rejoined the Brewer firm to lead community advocacy efforts at Brewer Storefront, the pro bono arm of the litigation boutique. As reported, Vera will oversee all aspects of the Storefront, which advocates for individuals, businesses, and institutions that lack access to sophisticated legal representation.
Vera's connection to the firm runs deep – he first joined as a teen participant in the Brewer Foundation Future Leaders Program before returning as a Dallas-based associate after law school. His career since included tenures at Reed Smith LLP and McGuireWoods LLP, as well as service on the City of Dallas License and Permit Appeal Board.
"One of the things Bill Brewer and I have often discussed is the power of a bar card," Vera said. "I'm happy to be at a place that uses that power for all the right reasons."
Partner William A. Brewer III noted that a key priority for the Storefront is expanding its national footprint, building on the firm's legacy of advocacy – including its landmark representation of wheelchair athletes securing the right to compete in the New York City Marathon.
"Having Efrain back with us is a perfect example of that commitment in action," Brewer said, "from our Future Leaders Program to his education, to his time as an associate, and now returning to stand at the forefront of the fight for justice."
Vera said he is returning to Brewer for many reasons — “but chief among them is to advance the firm's mission of helping communities in need.” He added, “The firm has a rich legacy of giving back. We want to expand that commitment, engage new stakeholders, and help more people and communities in need. There are no limits to our advocacy or the people we can help."
To read more: Brewer Taps Former Associate To Lead Its Pro Bono Group - Law360 Pulse
William A. Brewer III Writes for Texas Lawyer on Shakespeare's "Kill All the Lawyers" Line – and What It Really Means
June 8, 2026 – In a Texas Lawyer commentary, partner William A. Brewer III revisits one of William Shakespeare’s most enduring lines: "The first thing we do, let's kill all the lawyers."
The line, spoken by Dick the Butcher in Henry VI, Part II, is often cited to poke fun at the legal profession – but – as Brewer points out – Shakespeare meant the opposite. Properly understood, the remark is a recognition of the indispensable role lawyers play in preserving accountability, upholding the rule of law, and checking the ambitions of power.
Using Shakespeare's famous line as his frame, Brewer explores a broader question: Why do judges and lawyers so often become targets during periods of political and institutional strain? Drawing on both historical and contemporary examples, he argues that efforts to weaken the rule of law often begin by targeting those charged with defending it: lawyers.
Brewer writes, “Properly understood, this line is not an attack on lawyers – but a compliment – because every revolutionary knows the first step in successfully consolidating power is to undermine the rule of law with the rule of one man.”
Later, he observes, “Power rarely dismantles the law outright. More often, it inches closer to it – almost imperceptibly – in hopes the law adjusts in response.”
Ultimately, Brewer argues that lawyers become targets not because they are expendable, but because they insist that those imbued with political “power” answer to something beyond themselves. “One does not propose to ‘kill all the lawyers’ because they are expendable, but because lawyers are inconvenient to those who prefer power to go unexamined and unchecked.”
Read more here: https://www.law.com/texaslawyer/2026/06/08/the-inconvenience-of-lawyers/
Texas Lawbook Reports Brewer Storefront Names Efrain Vera as Director
June 7, 2026 – The Texas Lawbook reports today that Brewer Storefront named experienced litigator and community advocate Efrain Vera as its Executive Director . The Storefront is the community impact advocacy arm of Brewer, Attorneys & Counselors.
Mr. Vera will oversee all aspects of the Storefront, advocating for a broad range of individuals, businesses and institutions in need. He aims to expand the footprint of the operation nationally. The Storefront has been called a “pro bono powerhouse” by the ABA Journal.
As reported, this marks the return of Mr. Vera to the Brewer team. He previously worked as an associate in the firm’s Dallas office and is an alumnus of the Foundation’s Future Leaders Program, an academic and leadership development program that benefits students from the Dallas Independent School District. Most recently, Mr. Vera was an associate with Reed Smith.
“Often, the key to protecting our freedoms is ensuring that those freedoms are protected for everyone – especially those who may be marginalized by political power. In the Storefront, we use our skill sets as advocates on those matters which have broad community impact." said Storefront partner William A. Brewer III.
“We are thrilled that Efrain is returning to the Firm. Efrain was with us as a teenager in our Future Leaders Program, as a young man pursuing his advanced education, and as an associate in our firm,” Brewer continued. “Now he’s back – in the Storefront – and at the forefront of the fight for freedom.”
Founded in 1995, the Storefront handles cases covering a broad range of public matters relating to discrimination and harassment, human rights, and voting rights, among others.
“I am returning to Brewer for many reasons – but chief among them is to advance the firm’s mission of helping communities in need,” says Mr. Vera. “As someone previously involved in the firm, the Future Leaders Program, and the Storefront’s public advocacy, I’ve had a front-row seat to Brewer and the causes in which it believes. The firm’s future is even brighter than its legacy.”
Mr. Vera plans to expand the firm’s involvement in voting rights, building on its record of achievement across North Texas.
The Storefront successfully resolved Voting Rights Act cases with the Lewisville Independent School District in 2023, Richardson Independent School District in January 2019, the Carrollton-Farmers Branch Independent School District in 2015, and the Grand Prairie Independent School District in 2014. All districts now utilize reformed voting systems.
The Storefront also secured trial victories in Voting Rights Act cases against the Irving Independent School District in 2014, the City of Farmers Branch in 2012, and the City of Irving in 2009. Those lawsuits paved the way for the formation of new voting systems and the election of minority candidates.
Mr. Vera holds a bachelor’s degree from New York University, and a juris doctor from Albany Law School. He volunteers with the C3 Latino Young Professionals organization, a nonprofit that promotes networking and economic opportunity for future generations.
Read more: P.S. — Former Reed Smith Counsel Efrain Vera Named Director of Brewer Storefront - The Texas Lawbook
Miami Herald Reports on Lawsuit: Soho v. Two Roads Development; Controversy Arises in Connection with Bahamas Luxury Project
June 5, 2026 – The Miami Herald reports that Soho Development has filed an amended complaint against Two Roads Development following allegations that the company betrayed its benefactor cut Soho out of a $300 million Four Seasons-branded luxury residential development on Paradise Island in the Bahamas.
In the filings, Soho alleges that Two Roads breached an obligation to Soho by pursuing the development with another firm. The lawsuit claims that Two Roads began working on the project with Access Industries, the owner of the beachfront parcel, without obtaining Soho’s consent.
“Soho entrusted Two Roads with a lucrative opportunity in reliance on Two Roads’ promises — not to circumvent Soho,” said William A. Brewer III, partner at Brewer, Attorneys & Counselors and lead counsel to Soho.
The amended complaint, filed in New York Supreme Court, accuses Two Roads of breach of a non-circumvention agreement. Soho is seeking more than $30 million in damages, claiming the South Florida developer has the potential to earn over $50 million from the project. The suit was initially filed in July 2025, roughly six months into the Paradise Island project.
Will Brewer IV and Josh Harris Named to 2026 Lawdragon 500 X- The Next Generation List
New York partner Will Brewer IV and Dallas partner Josh Harris were named to 2026 Lawdragon 500 X – The Next Generation List.
As described by Lawdragon, “These lawyers have made their mark in fewer than 15 years in practice, with entire careers ahead of them to be the change they want to see in the world.”
Founded in 2005, Lawdragon is a leading digital media company producing the best lawyer guides and content in the legal industry. Its industry-leading guides recognize the most effective lawyers and legal professionals in a wide variety of industries and areas, with news-focused content that is followed by industry leaders.
To review the full list of honorees, visit The 2026 Lawdragon 500 X – The Next Generation | Lawdragon