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Updated 01/27/2012 08:06 PM

Judge sets June primary date

By: Nick Reisman

A federal judge has ruled that New York State will hold its primary elections in June. Capital Tonight's Nick Reisman has more on the decision.

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NEW YORK STATE -- U.S. District Court Judge Gary Sharpe has set June 26th to become the new primary date for federal elections in New York in a long-awaited ruling that upends the state's political calendar.

The court's ruling does not impact state primary elections, which are traditionally held in mid-September. Barring legislative action, New York stands to have three party primaries now: One for House and Senate races in June, another for State Assembly and Senate on September 11th and one for the GOP presidential election on April 24th.

As election lawyer Jerry Goldfeder explains, it's a potentially costly ruling for local governments in New York.

The ruling is the result of a Department of Justice lawsuit that was filed because New York has been out of compliance with the federal MOVE Act, which requires timely absentee ballot access for military and overseas voters. The federal government wanted New York to hold its primary no later than August 18th.

Sharpe declared in the ruling that it was unconscionable to deny members of the armed forces the chance to vote. And while he said the matter could have been left to state officials, the judge wrote that, "The court fully recognizes that a permanent primary date is best left to New York, but has acted as it must to preserve federally protected voting rights."

The suit divided the two political parties in New York. Republicans typically wanted an August date, arguing in part a June primary would impact the legislative session. In pushing for June, Democrats said an August primary would result in even lower voter turnout.

Assembly Speaker Sheldon Silver in a statement said he was "delighted" by the ruling. Senate Republicans say their lawyers are still reviewing the ruling.

Governor Andrew Cuomo has tried to stay above the fray, but told reporters three primaries is not ideal. Complicating all this is the reapportionment process for House seats in New York. State lawmakers have only just put the finishing touches on proposed state lines. New congressional lines are yet to be drawn.