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Congressional primary switched to late June

Thu, Feb 2nd 2012 12:00 am

ALBANY (AP)— A federal judge has set the fourth Tuesday in June for New York's congressional primary election to ensure that it allows enough time for absentee ballots to be sent to military and overseas voters.

In his ruling Friday, U.S. District Judge Gary Sharpe said the state could still pick a different date as long as it complies with the federal law.

New York's previous primary date in early September would have kept it from complying with the deadline for sending out ballots 45 days before a federal general election, Sharpe wrote. The primary date will be June 26 this year — at least 35 days prior to the deadline for sending absentee ballots to military and overseas voters for the general election Nov. 6.

``Nothing is more critical to a vibrant democratic society than citizen participation in government through the act of voting,'' Sharpe wrote. ``It is unconscionable to send men and women overseas to preserve our democracy while simultaneously disenfranchising them while they are gone. To some extent, that is precisely what New York has done. Having had ample opportunity to correct the problem, it has failed to find the political will to do so.''

The Election Commissioners Association and state Assembly backed the June date in order to reliably meet the deadlines. The state Senate proposed an August primary, arguing it would be the least disruptive to the current, longstanding September primary system, while a June primary comes at the end of their annual legislative session.

The early primary date can play havoc with candidates _ especially challengers. This year's redistricting process to redraw election districts for state Senate and Assembly seats and for Congress faces several obstacles before candidates will even know what districts they run in.

Gov. Andrew Cuomo said Friday he is going to veto the redistricting plan for state races and that will lead to negotiations. Good-government groups are also expected to sue over what they say are unfair lines that protect the majorities, further delaying the process.

Challengers will have to wait to campaign and raise funds until they know what seat they are seeking. Incumbents with established campaign funds and staffs would be able to pivot faster than most newcomers.

The state's presidential primary election is being held separately, on April 24.