The federal Justice Department has filed a motion seeking an order to move New York's primary election date to no later than Aug. 18, 2012.
Currently, primaries are held the second Tuesday of September, but this is a violation of federal law.
As Celeste Katz of the Daily News reports, U.S. District Court Judge Gary Sharpe has scheduled a hearing for 9 a.m. on Oct. 20. New York’s opposition papers are due Oct. 3.
DOJ’s proposed order provides that: “New York shall conduct its 2012 federal non-presidential primary election on an appropriate date no later than 35 days prior to the 45-day advance deadline set by the MOVE Act for transmitting ballots to the State’s military and overseas voters, i.e., at least 80 days before the November 6, 2012 federal general election.” (Eighty days before Nov. 6, 2012 is Aug. 18.)
New York has applied for a waiver under the MOVE Act for 2012 and but the feds have not yet ruled on the application.
New York lawmakers say it would be an unfair advantage for their challengers, because the legislators are stuck in Albany until the end of session, which is suppose to be the end of June, but typically runs into July as / they / drag / out / the / difficult / arguments (Umm...some of those...yeahhh). If legislators are stuck in Albany, they say they will have a hard time running a campaign if they are only in their district full-time for a month.
However, with incumbents in New York having a reelection success rate of 96 percent over the last ten years, the amount of "damage" incumbents would see moving the primary up one month is anyone's guess. Also, one out of every 11 legislators who did get the boot was shrouded in ethical misconduct or criminal issues.
Jump below for the full document from the Justice Department.
DOJ Primary Filing