More on the situation in New York.   Federal officials are ready to force New York’s boards of elections to hold a primary in August of next year, citing the legislature’s failure to set a different date for its primary.

The link has a copy of the pleadings filed with the court by DoJ. excerpt below:

“Accordingly, the United States seeks two types of relief,” a DOJ motion filed Monday says. “First, it requests an order advancing New York’s primary election date, starting with the 2012 election. Given Defendants’ failure to change the date on their own—despite ample time and opportunity to do so—this relief is necessary to ensure future UOCAVA compliance. New York’s federal primary election date is simply too close to the federal general election to ensure UOCAVA compliance in 2012. In light of the State’s inaction, and absent an order from this Court, New York’s late primary date will disenfranchise UOCAVA voters in 2012 and beyond. To comply with UOCAVA, the primary election date must be set for no later than 35 days in advance of the UOCAVA deadline for transmitting ballots (the 45th day before the federal general election), i.e., at least 80 days before the federal general election”

Bottom Line:  New York failed to comply with MOVE in 2010 with multiple late ballots and remains poised to violate MOVE in 2012.