Suffolk lawmakers approve bill extending length of legislative term
Suffolk County lawmakers advanced a measure to extend the length of legislative terms from two to four years in response to a 2023 state law shifting local elections to even-numbered years, a move that ultimately rests with voters via referendum in November.
The Suffolk County Legislature voted unanimously to adopt "The Term Limit Preservation Act" after holding a public hearing at Tuesday’s general meeting in Smithtown.
Extending terms would allow the county to avoid three elections in four years for legislator positions, according to the legislation.
Republicans say the measure is an answer to government overreach at the state level to unilaterally change election years without bringing a referendum to voters. Without extending terms from two to four years, the winners in this November’s election would have to run again in 2026 and 2028 to abide by the new state law.
Suffolk Democrats supported the measure, saying voters should have the ability to make the change.
County Executive Edward P. Romaine, a Republican, said he would sign the bill.
In a statement to Newsday, Romaine said the state law "shortchanged voters and created an environment where many Suffolk County electeds will have to run two years in a row instead of focusing on governing."
The legislature's bill rapidly advanced from introduction to passing as legislators said they were under time constraint. William Duffy, counsel to the legislature, said a completed bill must be filed 90 days before the election and requires preclearance from the state attorney general’s office. Under a 2022 state law to strengthen voting rights, changes to voting procedures require a preclearance review.
"We can’t apply for that until we have a bill in its final form," he said.
Three Democratic legislators spoke in favor of the bill before the vote.
Legis. Jason Richberg (D-West Babylon), the minority leader, called it a "common sense measure" and noted previous efforts were not supported by the full legislature.
In 2020, Legis. Samuel Gonzalez (D-Brentwood) introduced a similar bill to extend terms from two to four years. But the Republicans, then in the minority, did not support it and voters overwhelmingly rejected it with 70% disapproval.
Legis. Kevin McCaffrey (R-Lindenhurst), the presiding officer, told Newsday last week the legislature would not have taken up the change if not for the state law.
Legis. James Mazzarella (R-Moriches) said the county’s response to the state law is "about preserving the will of the voters."
The current 12-year term limit that has been in effect since 1993 would remain. But the change also tweaks term limits to grandfather in current legislators to allow them to serve out their final term if it extends past 12 years.
"Without this act, we risk midterm resignations, causing costly special elections and political instability," Mazzarella said.
Litigation remains pending on the state law after a midlevel appeals court upheld the state law in May, allowing it to take effect. That decision overturned a lower court’s ruling striking down the law last year.
The case now heads to New York’s top court for a hearing in September.
Two people spoke at the public hearing, both in favor of extending the term length.
Stephen Kiely of Mattituck, who unsuccessfully ran for the Assembly last year as a Republican, said he supported the change as a response to the "ill-conceived" state law.
"A two-year term is effectively halved by the necessity of campaigning for reelection, thereby taking precious time away from representing constituents and being able to devote the necessary time to adequately understand and develop solutions for today's problems," he