Monthly Archives: December 2011

Senate Republicans have filed a letter with Judge Gary Sharpe, who could rule as early as next week on a federal Department of Justice challenge to the current September primary date.

They argue for August 12, as they have done consistently. Assembly Democrats are pushing for a date in late June; the Department of Justice drafted an order for Sharpe asking for a date before August 18 in order to comply with a federal law requiring military voters get their general election ballots at least 45 days before the voting day. New York’s current primary in September makes that essentially impossible.

During a hearing earlier this month, Sharpe indicated he would defer to the current legislative intent as much as possible — meaning, he would pick a date as close as possible to September. David Lewis, the Senate’s attorney, pushes this point in the letter:

It is respectfully submitted that the proper exercise of the power of this Court is to set a date nearest in time to the previous determination of the state legislature. Principles of comity and deference to the state’s power command that the Court follow as closely as possible the intention of the legislature in enacting the election law—the primary should be held close in time to the general election as has been the law of the state for the past thirty-seven years. The arguments for a June primary and claims of its viability are contrary to the legislative determination which has stood for this extended period.

Lewis also argued that moving the primary to June would have a harsh impact on redistricting.

A look at the timeline for redistricting in the last cycle demonstrates that August is a more necessary date,” he continues, before hashing out the timeline. “Once the redistricting was complete, the Boards of Elections then were still required to reconfigure the districts using the Census information and establish the lines of the individual election districts. Elections Districts are the building blocks for the creation and identification of districts. Given the positions of the Commissioners as to how onerous the voting process already is, their silence on the issue of what their post-reapportionment responsibilities and burdens will be under a June primary, is inexplicable. In reality, the Boards will need as much time as possible to conform to the new lines, establish the boundaries and make maps, voting books and the like. To assume that they can get it all done by June beggars belief. The 2002 experience is the best guide. In 2002, the primaries were held in September.

Here’s the letter:

GOP Primary Letter

Source