The Department of Justice says it will force New York to hold primaries in August if they don't take action. But elections officials in New York have asked for a waiver until after the 2012 elections.
If a U.S. District Court rules against New York state’s request for a waiver of the law that requires absentee overseas ballots to be mailed at least 45 days before any federal primary or federal election, then the U.S. government will seek a court order moving the September primary (for office other than president) from September to August or June.
A federal court judge is expected to hear arguments next week.
If the state doesn't receive the waiver, attorneys for Senate Republicans argue that an August primary would be better than in June, which is a date that some lawmakers have suggested.
In legal briefs, attorneys argue that a June primary would force lawmakers to miss legislative session days and they say because the Senate is so closely divided, with 32 Republicans and 30 Democrats, one or two missing senators could shut down work of the body.
NYC Wins When Everyone Can Vote!
Michael H. Drucker
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