The even-year elections fight in New York is far from over, Republicans say
And Democrats in the Senate are discussing changes to the state constitution regarding the budget.
Good afternoon — it’s Tuesday and Apple Pie Day.
In today’s CapCon:
Republicans say they’re worried about New York’s even-year elections law being upheld by the state’s highest court and have other plans if that happens.
The state Senate hasn’t set its end-of-session agenda yet but they’re discussing constitutional changes to the budget process internally.
The New York doctor charged by other states for prescribing abortion pills online is the target of another investigation.
Heads up: the Assembly Ethics Committee has set a last-minute meeting for Wednesday.
The CDPAP transition has inspired a new bill to handle the thousands of Medicaid recipients who’ve decide to leave the program.
Names in today’s CapCon: Kathy Hochul, Bruce Blakeman, Elise Stefanik, Ed Romaine, Andrea Stewart-Cousins, Pat Fahy, Gustavo Rivera, Jessica Ramos
☑️ Long Island leaders hint at even-year elections federal court challenge
Republicans were surprised to find out last week, amid all of the budget chaos, that a state appellate court upheld a law approved by Democrats to move most county and town elections to even years.
The Appellate Division, Fourth Department ruled that the 2023 law did not violate the state constitution. It also cleared it of conflicting with the U.S. Constitution.
That ruling comes with some serious consequences for elected officials counting on its downfall. County executives elected to a four-year term this year, for example, will have to run for reelection in three years to align that office with the law.
It now heads to the state’s highest court, the Court of Appeals, which will hear the case in September, Newsday reported today.
But for the Republicans who are fighting to kill it, that’s not good news.
“If they decide the case on the law, we win,” Nassau County Executive Bruce Blakeman said Tuesday. “I’ll tell you what, if they don’t decide it on the law, everyone loses because we will lose faith in our judicial system here in New York state.”
Blakeman, who’s up for reelection this year, is also considering a run for governor against Gov. Kathy Hochul next year, though Rep. Elise Stefanik has stolen the spotlight in that race for the moment.
He’s said he doesn’t like the law because, in his opinion, local issues and elections will be overshadowed in even years by races for president and Congress. That’s when turnout is higher and some voters are known to disengage from the rest of the ballot.
Democrats don’t discount that argument — they flip it on its head. Gov. Kathy Hochul defended the law while she was on Long Island Tuesday.
“When it’s a year when it’s not the top of the ticket, being the president or the governor’s race, a lot of people just don’t show up,” Hochul said. “And then you have special interest groups and special interest voters who are able to have a lot more influence on an election.”
Hochul then took a shot at Blakeman, twisting his point that voters will be overwhelmed by the switch.
“I don’t think it’s fair for these — for any elected official as we’re hearing about today to underestimate the intelligence of the voters,” Hochul said.
But the Court of Appeals may not have the final word on the issue. If the court finds the law to be unconstitutional, Democrats have not ruled out amending the state constitution in response.
If the court upholds the law, Republicans don’t plan to stop fighting the statute. Suffolk County Executive Edward P. Romaine, also a Republican, said Tuesday there could be a path to federal litigation.
“I’m very concerned about the Court of Appeals and I also believe there are federal issues with this that affect our rights,” Romaine said. “So even if we do not prevail … this is a battle that will continue.”
Blakeman later added: “We’re meeting with our lawyers now in Nassau County and all the options are on the table.”
🖋️ Senate discussing constitutional changes to state budget process
If you were hoping to find out what Democrats in the state Senate plan to prioritize in the final weeks of this year’s legislative session, you’ll have to keep waiting.
Senate Majority Leader Andrea Stewart-Cousins said Tuesday that the conference hasn’t yet discussed an agenda and will consider items for approval on a rolling basis over the next four weeks.
“We have time in the next month or so to really get our legislative agenda done,” Stewart-Cousins said. “I have members that have a lot of great legislation that will be impactful in all different areas so we are going to push through as many as we can.”
But that’s not all lawmakers are discussing behind closed doors after approving the state budget last week — more than a month after the deadline.
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