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.