ALBANY, N.Y., Feb 9 (Reuters) - A federal judge on
Thursday adopted a compressed 2012 calendar for New York's
congressional elections, criticizing the state for
disenfranchising overseas military voters and blaming what could
be a hectic election year on the state's political inertia.
U.S. District Judge Gary Sharpe, of the Northern District of
New York, had previously lashed out at the legislature for
allowing politics to trump the state's compliance with federal
election law. In Thursday's order he criticized state election
officials for failing to come to an agreement on a calendar for
this year.
"New York has once again demonstrated its intransigent
refusal to comply with a federal mandate protecting the federal
voting rights of those serving in the military overseas and
those otherwise living on foreign soil," Sharpe wrote in his
order.
Last month, Sharpe moved New York's congressional primary date from mid-September to the fourth Tuesday in June -- this
year, June 26 -- in order to draw the state into compliance with
the Military and Overseas Voter Empowerment (MOVE) Act. MOVE
requires federal primaries to be held at least 80 days before
the November general election, or no later than Aug. 18 this
year. The Justice Department sued the state in 2011, arguing
that it had done nothing to adjust its calendar since MOVE was
enacted in 2009.
The new calendar, forwarded by Democratic election
commissioners and adopted by Sharpe, reduces the number of
signatures required to get on a primary ballot by 25 percent in
order to accommodate a petition-gathering period that is 10 days
shorter than normal.
'A FAILURE TO COMMUNICATE'
In January, Sharpe sided with Democrats when he chose the
June primary date, finding it would give the state ample time
before November to work out any barriers to compliance. Some
Republican officials had called for an August primary, arguing a
June date would be difficult to implement.
Also last month, the judge ordered the state Board of
Elections to submit a revised election calendar for 2012 that
moves up a number of deadlines to reflect the earlier primary.
But instead of submitting a single plan, Democratic and
Republican election officials last week offered dueling
proposals. Sharpe on Tuesday held that while the Democratic plan
was sufficient, the Republican plan was incomplete and
misinterpreted his previous order.
"What we've got here is a failure to communicate," Sharpe
wrote, quoting the 1967 film "Cool Hand Luke."
The June congressional primary means voters in New York may
be drawn to the polls at least four times this year: for the
Apr. 24 presidential primary, the June 26 federal primaries, the
Sept. 11 state primaries, and the Nov. 6 general election. An
additional primary would cost the state close to $50 million,
according to the Board of Elections.
The shorter calendar has also been decried by some observers
as an incumbent-protection plan because it gives insurgent
candidates less time to campaign. But Sharpe responded that the
state has only itself to blame.
"While New York may now confront new issues as it seeks a
primary solution," the judge wrote, "the fact remains that it
has squandered over two years in its attempts to solve the
problem."
The New York Attorney General's office declined comment.
Spokespersons for the Board of Elections and Justice Department
did not return calls.
The case is United States v. New York, U.S. District Court
for the Northern District of New York, No. 10-cv-1214.
For the Justice Department: Risa Berkower.
For the Attorney General's Office: Jeffrey Dvorin.
For the Board of Elections: Kimberly Galvin and Paul Collins
(Reporting by Dan Wiessner)
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