ALBANY — Republican State Sen. Jack Martins on Thursday filed an “emergency appeal” to again try to move the general election for the 3rd Congressional District to December in a move that would likely reduce the impact of the presidential election on the race on Nov. 8.
In the court papers filed in federal court, Martins seeks to have arguments Tuesday under an expedited appeal process.
On Tuesday in U.S. District Court in Albany, (Click here to read at http://nwsdy.li/2bBL1ei) Judge Frederick J. Scullin Jr. rejected Martins’ effort to change the general election from Nov. 8. to Dec. 6.
Martins, of Old Westbury, argues that because a court moved the Republican primary from June to Oct. 6, the general election should be moved later, too. The Republican primary in the race was moved by a court to Oct. 6 because of Martins’ protracted and ultimately unsuccessful challenge to the nominating petitions of Republican Philip Pidot.
Martins had argued that military and overseas voters wouldn’t be assured of getting their printed ballots by the Nov. 8 traditional election, just a month after the Republican primary in the 3rd Congressional District. However, on Monday, the Department of Defense granted a waiver to its 45-day period to allow ballots to be received by voters in the military.
In Thursday’s court filings, Martins argued that “leaving the general election schedule unchanged results in manifest injustice.”
He said the winner of the Oct. 6 primary “would have only about three weeks to campaign as the Republican nominee for the general election . . . [creating] an inherent advantage granted to the nominee for the Democratic Party, who has been campaigning for the general election for 130 days.”
“The extremely compressed campaign timeline for just one of the candidates would frustrate voters’ attempts to prepare themselves to make a reasoned choice among their options on the ballot,” Martins stated in court papers.
“Martins’ argument is based on a completely false premise,” Pidot said in a written response to the court. Pidot, of Glen Cove, noted that Martins is already assured a spot on the general election ballot because he is the endorsed candidate of the Conservative and Reform parties.
“Regardless of the outcome of the Oct. 6 primary, Martins is on the general election ballot — not once, but twice,” Pidot stated.
The winner of the Republican primary will face Democrat Thomas Suozzi of Glen Cove, the former Nassau County executive.
Suozzi’s campaign called Martins’ latest court challenge “legal nonsense,” without which Republicans would already have chosen their nominee.
“The fact that he’s now whining about not having enough time to campaign against Suozzi is like a toddler with crumbs all over his face crying because there’s no cookies left,” the campaign said.