New York’s September Primary Date to Change

One matter that went unaddressed in the 2011 legislative session was the issue of moving the state’s primary elections earlier so that the state can comply with the federal Military and Overseas Voter (MOVE) Act.

The MOVE Act required that ballots be transmitted to military and overseas no later than 45 days before an election for a federal office. The state was granted a waiver from the 45-day requirement, but was granted a waiver for the 2010 elections.  It is not expected that another waiver will be granted.

While there is some support in the Senate for moving the primary to late August, lawmakers are reportedly considering moving the primary to the second or third Tuesday in June.

Albany’s failure to act on this issue could result in a federal judge determining the date of the 2012 primary – something lawmakers probably want to avoid.

How this issue is resolve will have a significant on the redistricting process, since Congressional and state legislative district lines must be drawn and approved before the 2012 election.

Under current law, petitioning for a September primary starts in June.  A June primary would probably mean that petitioning would begin in April.