Under existing New York state law, the 2012 primary (for all office except President) will be September 11, 2012. On November 17, the New York State Senate filed a brief in U.S. v State of New York, and asked the U.S. District Court to order the state to hold the primary instead on August 14 or August 21. The State Senate brief says, “The hope that the legislature will resolve this matter is not feasible.” The legislature is not in session and won’t be until January 2012.
In New York, Republicans control the State Senate and Democrats control the Assembly. New York Republicans want an August primary and New York Democrats want a June primary. The legislature has been deadlocked all year. The issue is in court because the federal government sued New York over a year ago, because the existing September 11 primary date makes it impossible for New York to obey the 2009 federal law that requires states to mail overseas absentee ballots no later than 45 days before any election. In 2012, 45 days before the general election is September 22. Given a September 11 primary there isn’t enough time to count the primary votes and then print up general election ballots and mail them by September 22.
The lawsuit has a hearing on December 1.
The only other states with a congressional primary on September 11 are Delaware, New Hampshire and Rhode Island. No state has a later congressional primary.
With the new optical scanners the last two cycles and the Board of Elections not able to certify results 30 to 60 days after the polls are closed, June or July seems a more realistic date.
Again – how about having the Fed judge inform the Prez that the NY regime is in a state of rebellion against a law of the U.S.A. ???
i.e. have a U.S.A. Marshal (with a large posse) show up and arrest the various NY robot party hack MORONS involved in the mess for having a rebellion against the U.S.A.
Look for rebellion/insurrection in the U.S. Code — plus of course 14th Amdt, Secs. 3 and 4 — a bit dormant since 1868.
WILL the NY troopers fighting the ANTI-Democracy BARBARIANS in SW Asia and elsewhere get their 2012 ballots in time to be sent back and counted — regardless of ALL of the EVIL robot gerrymander party hacks in the NY legislature ???
On the larger point, will the gerrymander Congress have to enact a TOTAL election law code for U.S.A. Reps and Senators to wipe out ALL of the MORON State regimes for having ANY control over such Fed officer elections ???
Electoral College stuff is a bit of a twi-light zone mess of State and Fed stuff — due to the State folks doing a Fed connected activity – 12th Amdt — 14th Amdt, Sec. 2.