New York Law Journal: Amended Lawsuit Decries NYC Legislators Who Voted for Even Year Election Law

NEW YORK – December 30, 2025 — Brewer, Attorneys & Counselors filed an amended complaint Monday strengthening its constitutional challenge to New York’s Even Year Election Law (“EYEL”).

The amended complaint adds a new statewide plaintiff, the New York State Association of Town Superintendents of Highways, representing more than 1,100 local officials across New York, and adds the New York State Board of Elections as a defendant responsible for administering and enforcing the law. 

The filing builds on a lawsuit brought on behalf of the New York Republican State Committee, county Republican committees, and a coalition of counties, towns, local candidates, and voters from Nassau, Suffolk, and Orange Counties in October.

Enacted in December 2023 and signed by Governor Kathy Hochul, the EYEL moves most county and town offices outside New York City from historic odd-year election cycles to even-numbered years, coinciding with state and federal contests. Plaintiffs contend the law undermines local control over election timing and reshapes how local elections are conducted.

The amended filing builds on the existing First Amendment and Voting Rights Act claims by incorporating additional factual allegations based on the law’s operation and effects. It also updates the case to reflect the November 2025 elections, in which candidates were elected under shortened, transitional terms and are now required to run again on accelerated timelines.

The amended complaint further highlights disparities in how the law was applied. It alleges that New York City voters were given the opportunity to decide whether to move their local elections to even years through a ballot initiative and rejected the change, while counties and towns outside the city had the even-year election mandate imposed on them by the State Legislature without a public vote.

 The filing identifies New York City Mayor-elect Zohran Mamdani, who voted against the New York City ballot initiative that would have moved some of its local elections to even years, as a relevant non-party. It also identifies state legislators representing New York City districts who voted to impose even-year elections on all counties and towns outside of the city in 2023, but whose own constituents voted handily to preserve odd-year elections in November of this year.

Plaintiffs allege this contrast underscores the law’s unequal and politically selective design.

“Now that this law has been implemented, its consequences are no longer theoretical,” said William A. Brewer III, partner at Brewer, Attorneys & Counselors and lead counsel for the plaintiffs. “Local candidates will be forced to run again on shortened timelines, local elections will be buried under federal races, and voters will be deprived of meaningful choice. Fortunately, the Constitution does not permit government officials to implement a system designed to silence local democracy.”

He added, “This case is about defending the right of communities to govern themselves — to debate local issues, elect local leaders, and be heard without being drowned out by national politics. That is what the First Amendment protects, and that is what this lawsuit seeks to restore.”

Plaintiffs seek declaratory and injunctive relief to block enforcement of the law and restore local control over election timing.

Contact:

Ali Dukakis

Director of Communications
Office: 212-527-2580
ajd@brewerattorneys.com

Read more here.