Court says 4 Nassau primaries must proceed

Republicans who chose two slates of candidates in disputed legislative districts in Nassau must proceed with primaries, a State Supreme Court justice ruled Tuesday.

Judge Randy Sue Marber ruled that Republican Board of Elections Commissioner Louis Savinetti must hold primaries on Sept. 13 in the 5th, 16th, 18th and 19th legislative districts on the GOP, Conservative and Tax Revolt lines.

Savinetti attorney John Ryan said he has filed an appeal with the New York State Appellate Division in Brooklyn. The case is expected to be heard Thursday by a four-judge panel, comprised of two Democrats and two Republicans. If there is a tie, a fifth judge will be brought in, officials said.

The dispute stems from an effort by Nassau Republicans to remap the county's 19 legislative districts, a move that was blocked last month by the New York State Court of Appeals.

As a contingency, Republicans selected two sets of candidates in the four districts -- one if the new lines were adopted and another if the old lines were kept in effect. Only the candidates running under the existing lines now want to run but Democratic Commissioner William Biamonte, who filed the lawsuit, said it is too late to remove candidates from the ballot.

Marber, a Democrat, said in her ruling that "there is no statutory authority or case law" that would prevent the primaries from occurring.

"The costs associated with running primaries as a result of the tactical decision made by the Republican, Conservative and Tax Revolt parties is of their own making," Marber wrote.

Ryan said he was "thoroughly disappointed" by the ruling.

He noted that the candidates who were preparing to run under the new lines do not live in the existing districts. Unless they moved, they could not serve if elected.

Biamonte, however, contends that Republicans have only themselves to blame.

"If they are angry, the time to vent . . . is when they look in the mirror," he said.

Biamonte said Savinetti's staff has agreed to begin preparing for the four primaries. If the appellate court rules against the Democrats, the primaries could then be called off.

Marber also ordered the commissioners to extend the time for military and absentee ballots to be returned from seven days to 21 days.