Sharpe said he doesn’t trust the Legislature to reach an agreement. Lawmakers and the governor’s administration have had two years to do so, and they have not acted. The judge, who also presided in the federal lawsuit against the state for non-compliance with the federal lawsuit, said he based his decision on past experience. “I don’t believe they’re going to, so I’m going to set it,” he said.
Instead, he gave all parties seven days to submit any additional arguments and proposals for how the issue should be resolved to his office, and another seven days to respond to those submissions. He said he would rule on the case within about two weeks after that, or early January.
The Department of Defense sued New York a year ago for not complying with the MOVE Act. The agency said in court papers that the primary could be no less than 35 days before the 45-day minimum for absentee ballots, a total of 80 days before the general election. That is, no later than Aug. 18.
Lawmakers are split on whether an August or June primary would be preferable. The Democrat-controlled Assembly wants the primary in late June. The GOP-led Senate wanted the fourth Tuesday in August, which the Justice Department has said would not be time to meet the 45-day requirement.
In papers filed with the court last week, the New York State Election Commissioners’ Association said it voted in January to recommend that the Legislature and governor move the primary date to the fourth Tuesday in June.
“A June primary allows meaningful compliance with the federal MOVE Act and ensures enough time between the primary election and general election to resolve ballot access disputes and create and test ballot accuracy,” the president and vice president of the bipartisan group told the court.
NYC Wins When Everyone Can Vote!
Michael H. Drucker
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