New York's Waiver Application Denied by Department of Defense
Waiver Sought Exemption from Certain MOVE Act Provisions for 2012 Primary and General Elections
ALBANY, NY (11/16/2011)(readMedia)-- This afternoon the State Board was informed by Robert Carey, Director of the Federal Voting Assistance Program (FVAP) of the Department of Defense, that the Department of Defense has denied the New York State 2012 Primary Election and General Election Waiver Application. The waiver sought exemption from certain provisions of the Military and Overseas Voting (MOVE) Act that affect the 2012 Primary Election for federal offices to be conducted as currently provided by the New York Election Law on September 11, 2012.
The denial means that the litigation in Federal Court in the Northern District will go forward. The Court is scheduled to rule after December 1st on the US Department of Justice's motion to compel New York State to comply with the MOVE Act requirement to transmit ballots to military and overseas voters not later than 45 days before election day for federal office rather than the 32 day deadline currently provided for in state statute. The motion, if so ordered, would require moving primary date for federal office to take place not later than August 18, 2012.