On December 12, U.S. District Court Judge Gary Sharpe held another hearing in U.S. v State of New York, 10-cv-1214. This is the lawsuit over New York state’s non-compliance with the 2009 federal law that says states must mail overseas absentee ballots at least 45 days before any federal primary or federal election. Judge Sharpe said, after hearing from both sides, that he himself will choose a primary date. He said the legislature has had two years to solve the problem and that it has not acted, and that he doesn’t trust that it will ever act. See this story.

In order for New York to obey the federal law, it must cease holding its Congressional primaries in mid-September. The only solution is to move the primary to an earlier date. Republicans control the State Senate and they want an August primary. Democrats control the Assembly and they want a June primary. Judge Sharpe asked for more briefs on the subject of when the primary should be held. He said he will make a decision within 30 days. The judge is a Bush Jr. appointee in Albany.