The Independent View: NY could have 3 Primary dates in 2012

A dispute over when primary elections should take place has opened the costly possibility that New York will wind up with three separate voting days: one for President, a second for congressional races, and a third for state offices.

Under current law, next year’s presidential primary is scheduled for April 24. Congressional and state legislative primaries are set for Sept. 11.

But the Justice Department is asking a federal judge to order the state to move the congressional and legislative votes to no later than Aug. 18. The jump forward would ensure New York meets a new federal law (The Military and Overseas Voter Empowerment (MOVE) Act) requiring states to get absentee ballots out to those in the military at least 45 days before the Nov. 6, 2012, general election.

The law, however, applies only to presidential and congressional elections, officials say and Albany lawmakers are balking about moving their own races up to the earlier date. Officials say that means Albany Federal Judge Gary Sharpe could keep the presidential primary in April and move the congressional vote to August while the state leaves the legislative primaries in September.

“It could be chaos and it could be costly,” said one legislative Democrat. The Board of Elections estimates each primary carries a statewide cost of slightly less than the $50 million for a general election, not to mention the hassle.

The Legislature could agree to link state primaries to whenever the congressional votes are set, but the two houses are feuding over a date. Senate GOPers want to move the legislative primaries up to August, something Assembly Speaker Sheldon Speaker opposes. Republicans, holding a thin majority in the Senate, say a June primary held during the legislative session would force lawmakers to choose between doing their job and campaigning for reelection.