Department of Defense Rejects State Waiver Request

Ken Lovett of the New York Daily News reports that the Department of Defense has rejected the state’s request for a waiver, which would have permitted the state to keep its congressional primaries in September. (Update:  the State Board of Elections has issued a press release confirming the report.)

The matter is currently pending in federal court (read a prior post on the case here).

New York’s 2012 presidential primary will be held on April 24, while Congressional and state legislative primaries are set for September 11.  But under current law, New York is out of compliance with the federal MOVE Act (read a prior post here) that requires states to provide absentee ballots to members of the military and citizens living overseas at least 45 days before the November 2012 general elections.

The Justice Department has asked judge Gary Sharpe to order the state to move its congressional primaries to mid-August or earlier.

While there is still time for the Governor and the Legislature to agree on a new primary date, that does not look likely right now.  Senate Republicans favor an August primary election, while Assembly Democrats prefer to hold the vote in June.

With congressional and legislative redistricting looming, it may be up to judge Sharpe to decide when New York will hold its 2012 primaries.  And since the federal law applies only to federal elections, it is possible that New York will have three primary votes in 2012 – an April presidential, a September legislative, and congressional in either June or August.