Suffolk County voters are set to consider a controversial ballot question, termed the "term limit preservation act," which proposes to extend the term length for county legislators from two to four years. This initiative is a direct consequence of a 2023 state law that mandates a shift of local elections to even-numbered years, a move proponents of the Suffolk proposition argue necessitates local action to prevent electoral and administrative complications.

The "term limit preservation act" seeks to address what Suffolk lawmakers perceive as a critical challenge posed by the new state law. Without the proposed term extension, legislators elected in the upcoming November election would face re-election in 2026, serving an abbreviated one-year term. This situation, according to some Republican lawmakers, could create a "loophole" or conflict with the county charter, potentially forcing legislators to "resign midterm" and leading to expensive special elections. The proposition also aims to move the next election for county legislators from 2026 to 2028, effectively avoiding the need for three elections in four years. Additionally, the proposal includes a tweak to term limits, allowing current legislators to be grandfathered in to serve out their final term if it extends beyond the established 12-year limit due to the term change, which they argue prevents "chaos."

The state's even-year election law, signed by Democratic Governor Kathy Hochul in December 2023, was enacted with the stated goal of expanding ballot access and promoting a more inclusive democracy by aligning local elections with higher-turnout federal and state elections. This law specifically stipulates that any truncated term, such as the one-year term for Suffolk legislators in 2026, would not count toward their 12-year term limit, superseding any conflicting local or county laws. Assemblywoman Amy Paulin, the sponsor of the state law, reiterated this point during legislative debates in 2023. Despite legal challenges from Republican-led governments, including the Town of Riverhead and Nassau County, the state's highest court recently affirmed the even-year election law, allowing it to take effect.

However, the Suffolk ballot proposition has drawn significant criticism and raised concerns about potential legal challenges. Election lawyers and municipal law experts, including Martin Connor and Paul Sabatino II, have labeled the proposition as problematic, potentially illegal, and "deceptive." A primary concern is that it attempts to retroactively change the term of office for legislators who are on the current ballot, meaning voters would cast their ballots without knowing the true length of the term they are electing officials to serve. Sabatino contends that the state law already preserves term limits, making the "term limit preservation act" redundant in that regard and suggesting its true purpose is to double term lengths – a change voters soundly rejected in 2020 – under the guise of an already achieved goal. The legal issues surrounding the proposition are considered likely to lead to litigation until the state's even-year law is fully settled.

Further compounding the controversy is the ballot's wording itself. Critics, such as Perry Grossman of the New York Civil Liberties Union and Ben Weinberg of Citizens Union, have described it as "partially misleading, partially incomprehensible," and difficult for even experts to follow. The proposition's lengthy text, exceeding 75 words, also contravenes new state mandates for ballot questions to be written in "plain language" and not above an 8th-grade reading level. This complexity, critics argue, obscures several distinct changes and assumptions about state law, making it challenging for everyday New Yorkers to understand its full implications.

Politically, the Republican-controlled Suffolk County Legislature, led by Presiding Officer Kevin J. McCaffrey, introduced the legislation. McCaffrey asserts the proposition is "all about term limits" and has openly criticized the state's even-year election law as "ill-advised" and politically motivated by Democrats. While some legislators, such as Steven Flotteron, express a preference for four-year terms to reduce campaigning and focus more on legislative duties, and minority leader Jason Richberg sees value in aligning elections with higher-turnout years for increased voter engagement, there is also acknowledgment of public sentiment against longer terms. The resolution was tabled for a public hearing, and if adopted by lawmakers and signed by County Executive Edward P. Romaine – who has joined other Republicans in denouncing the state law – it will appear on the November ballot. McCaffrey has indicated the proposal would be scrapped if the state's even-year election law is overturned before then, underscoring the interconnectedness of these legislative and legal battles.