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Sampson to Sharpe

Sampson to Sharpe

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Published by Nick Reisman

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Published by: Nick Reisman on Dec 08, 2011
Copyright:Attribution Non-commercial

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12/08/2011

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-t
JOHN
L.
SAMPSON
THESENATE
PLEASE
RESPOND
TO;
MINORITY
LEADER
STATE
OF
NEW
YORK
U
ALBANY
OFFICE;
ROOM907,LOB
ALBANY,
NEW
YORK12247
t
518—455-2788
FAX;5I8-426-6806
U
DISTRICT
OFFICE;
/
222
EAST96TH
STREEr
41
BROOKLYN,
NEWYORK
11236
--
718-649-7653
FAX;
718-649-7661U
CAPITOL
OFFICE;
ROOM315
ALBANY
NEW
YORK
2247
518-455.2715
December
6,
2011
Hon.
Gary
L.
Sharpe
UnitedStatesDistrict
Court
Northern
District
of
New
York
James
T.
Foley
U.S.
Courthouse
44
Broadway,
Room
441
Albany,
New
York
12207
Re:
United
States
of
America
v.
State
of
New
York.
et
al.
Case
No:
1:1O—CV—
1214
(GLS)
Dear
Judge
Sharpe:
On
behalf
of
the
New
York
State
Senate
Minority
Conference,
I
write
in
support
of
a
June
primary
election,
rather
than
an
August
one,asthe
best
way
to
ensure
state
compliance
with
federal
law,
as
well
as
greater
voter
participation.
I
note
that
that
our
conferenceshares
this
position
withthe
New
York
StateAssembly,
the
New’
YorkState
Election
Commissioners’
Association
and
several
“good
government”
groups.As
an
initial
matter,
theCourt
willneed
to
determine
whether
to
provide
the
Legislature
with
additional
time
to
come
to
an
agreement
on
a
new
date,
as
required
bythe
federal
Uniformed
and
Overseas
Citizens
Absentee
Voting
Act
(“UOCAVA”)
and
the
Military
and
Overseas
Voter
Empowerment
Act
(“MOVE’).
On
thisissue
we
concur
withthe
Senate
Majority
Conference’s
position
thatmore
time
is
notlikelytoyield
a
legislativeresolution.
Giventhe
legislative
deadlock,
I
believe
that
the
Court
can
andshould
set
a
primary
date—for
both
the
federal
and
state
elections—without
further
delay.
If
the
Courtagreesand
decides
to
seta
primary
date
now,there
are
severalreasonswhy
a
June
primary
is
highly
preferable
to
August.
First,
contrary
to
DOJ’s
assertions,
and
as
both
the
Assembly
andthe
Election
Commissioners’
Association
have
pointed
out,
an
Augustprimaryelection
would
not
ensure
compliance
with
UOCAVA
andtheMOVE
Act.
This
is
dueto
a
number
of
factors,
including
the
large
numbers
of
absentee
and
affidavit
ballotsthat
are
often
not
tallied
for
weeksafter
an
election,
litigation
that
typically
ensues
after
close
elections,
andstate
Jaws
requiring
runoffs
in
certainNew
YorkCity
primaries
and
permitting
court-ordered
new
C,

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