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."