Primary dispute holds up absentee ballots

The Democratic and Republican Board of Elections commissioners are locked in a stalemate over the fate of more than 100 absentee military ballots that list contested primaries in four legislative districts in Nassau.

Ballots were supposed to be mailed to military voters on Aug. 12. But the commissioners remain at loggerheads over which names should appear on the ballot.

The standoff stems from an ongoing fight over the redrawing of lines for 19 legislative districts. The GOP-controlled legislature voted in May for a new map that would force four Democratic lawmakers into two districts. Democrats say the move violated the county charter and filed suit to prevent the new lines from going into effect before 2013.

An appeals court ruled in favor of the GOP and the case is scheduled to be heard this week by the state's highest court, the Court of Appeals.

As a contingency, the GOP and Conservative Party selected one set of candidates to appear on the ballot in November if the new districts were adopted and another if the old boundaries were kept in place.

Republicans argue there will not be a real primary because one of their listed candidates will drop out depending on which lines are implemented.

Democrats, who circulated petitions only under the old lines, said the deadline to remove a name from the ballot has passed and that both GOP and Conservative candidates are legally in a primary.

John Ryan, counsel to Republican election commissioner Louis Savinetti, said he plans to file suit against Democratic elections commissioner William Biamonte in Nassau Supreme Court this week. The GOP wants to prevent Democrats from mailing ballots with contested GOP and Conservative party primaries in the 5th, 16th, 18th and 19th legislative districts. Ryan contends that only one candidate is running in each race.

The suit, Ryan said, will not be filed until after the State Court of Appeals hears the redistricting case on Wednesday.

But, Biamonte said, military ballots must be mailed out immediately to be counted in time for the Sept. 13 legislative primary. Completed absentee ballots must be postmarked at least one day before the election and received no later than seven days after Primary Day.

If the ballots cannot be returned in time, Ryan expects the court to devise an alternative solution. "We hope the court could develop a remedy to allow them additional time," he said. "This is a unique and unprecedented situation."

Members of the military also have the option to vote online through the State Board of Elections' website.

Biamonte has suggested mailing the military ballots listing the four contested primaries, and if the court rules against him those votes would be invalidated. Republicans, who contend there was never any intention to hold a contested primary, have objected to that plan.

Thomas Garry, Biamonte's counsel, said there is no legal basis to select a set of candidates based on certain conditions. "They accepted their party's nomination," Garry said.

For instance, in the 5th District based in Baldwin, Fred J. Jones and Christian Browne collected signatures to appear on the ballot. On a cover sheet submitted with the petitions, Jones said he would only be a candidate under the new boundaries. Browne wrote that he would run only under the old lines.

Without a resolution to the redistricting case, Biamonte approved both candidates to appear on the ballot, prompting the suit. Only one commissioner is needed to approve the candidates' petitions but both are needed to finalize the ballot.

Three legislative races will be on the primary ballot next month since neither party has challenged their legitimacy.