The Independent View: NY denied a Waiver to keep 2012 Primary in September

Thanks to the Ballot Access News for this post.

On November 16, the federal government refused New York state’s request for a 2012 waiver from the 2009 federal law, the MOVE Act, that requires states to mail overseas absentee ballots at least 45 days before any federal primary or federal election. As a result, it's very likely that a U.S. District Court will order New York state to move its non-presidential primary from September to August at a December 1, 2011 hearing.

The U.S. Justice Department has asked the federal judge in Albany to move New York’s 2012 primary from Sept. 11 to August or earlier, a change that would give the state more time to distribute general election ballots to absentee voters.

In denying New York’s request for a waiver Wednesday, the Defense Department said the state’s election plan for 2012 “provides no concrete solution to the problems that arose in 2010 from the state’s overly-compressed schedule for preparing and transmitting ballots.”

The NY legislators' are split between an August or June date. In 2012 there is the Presidential primary in April, the Congressional primary, and the State's primary. New Yorker's are not looking forward to three primaries in 2012. Our state budget has enough problems.

UPDATE

The hearing in U.S. District Court in the federal government’s lawsuit against New York on this point has been postponed once again, from December 1 to December 12. This is the fourth postponement. It seems somewhat likely that the judge is hoping the legislature will act before he must choose a new primary date. The case is USA v State of New York, northern district, 10-cv-1214.