Board seeks Aug. 12 deadline for primary voters to switch parties

ALBANY — The state Board of Elections on Wednesday asked a state judge to set an Aug. 12 deadline for a voter to change party enrollment before the Aug. 23 primary to avoid “party raiding.”

The board’s action in the special meeting supersedes its guidance on July 26 that would have allowed voters to change their party enrollment up to and including Aug. 23. Under that interpretation, a voter could have filed an affidavit at the polling place to immediately change his or her party enrollment and vote in his or her newly chosen party primary.

That could have resulted in voters “raiding,” in which an opposing party tries to affect the selection of candidates. For example, a group of voters from one party could enroll in their opposing party to vote for a candidate that could be more easily defeated in the general election.

Wednesday’s vote by the Board of Elections would have to be approved by state Judge Patrick McAllister. His office had no immediate comment on the board’s vote.

If McAllister sets an Aug. 12 deadline, any changes in party enrollment after Aug. 12 wouldn’t take effect until a week after the primary.

“It’s a smart move,” State Democratic Chairman Jay Jacobs said of the decision. “In New York, it’s been clear that primaries are to be limited to real members of that political party and this loophole was an unintended consequence of the judge’s redistricting decision.”

The state Republican Committee didn’t respond to a request for comment.

The board’s co-chairman, Douglas A. Kellner, was the lone opposition in the 3-1 Board of Elections vote.

The issue arose after Judge McAllister of Steuben County ruled in March that the redistricting maps that redrew congressional and state Senate districts were done improperly by the State Legislature. The complex court decision appointed a special master to redraw districts for Congress and the state Senate, but not for the Assembly.

That resulted in the splitting of the 2022 primary. The Assembly and governor’s office primary elections were held as scheduled in June. But the congressional and Senate elections were moved to Aug. 23.

Kellner, a Democrat, said the board had asked the judge to change the “blackout period” during which voters couldn’t switch parties for the primary, but no change was included in his March ruling.

Kellner said legislative leaders were also asked to address the board’s concern, but declined. That left little time to change the deadline before the beginning of early voting on Aug. 13, which continues through Aug. 21.

That was a concern for Kellner.

“I am very wary of changing the rules less than two weeks before the beginning of early voting,” Kellner said.

By Michael Gormley

michael.gormley@newsday.com@GormleyAlbany

Michael Gormley has worked for Newsday since 2013, covering state government, politics and issues. He has covered Albany since 2001.