On June 4, U.S. District Court Judge David G. Larimer issued an opinion in Fox v Paterson, 10-cv-6240L. The case concerns whether New York must hold a special election to fill the vacant U.S. House seat, 29th district. The seat has been empty since March 2010.
The judge ruled that the U.S. Constitution gives Governors a great deal of latitude in when to call special U.S. House elections. Therefore, the Governor must arrange for a special election that will be no later than November 2, 2010. The Governor had already promised to do that, so the outcome is a victory for the state. The Governor had said it would cost too much to hold the special election any sooner, and that furthermore some of the counties in the 29th district are in the process of buying new vote-counting machines and that process can’t be finished any sooner than November 2.
It seems odd that neither the Governor, nor the court, decided to hold the special election on September 14, when the entire state is holding primary elections.