An intervening court motion filed today by the top lawyer for Senate Republicans endorsed an August primary over a June one, arguing an earlier party contest could escalate gridlock in the upper chamber of the Legislature.

In the motion filed in U.S. District Court, Senate Republicans also write the August primary would ensure a more orderly petitioning season, save the state money and allow military and overseas voters to cast their ballots in a timely fashion.

The last bullet point is a major necessity in order for the state to comply with the federal MOVE Act.

The Department of Justice is getting ready to force New York to hold a primary no later than August in 2012 — a full month earlier than when the primaries are traditionally held. Party primaries in New York are usually held in September on the second Tuesday.

But federal officials argue the state has been out of compliance with the federal law requiring states to send out overseas ballots at least 45 days before an election. All 212 seats in the Legislature are up for re-election next year.

Sens. Joe Griffo and Tom O’Mara are carrying a bill that would allow 54 days for ballots to be mailed out, a measure that does not have a same-as in the Democratic-controlled Assembly.

But the Senate also argues against a June primary, noting a far earlier date could lead to chaos. Counsel David Lewis, also throws in a jab at Democrats in the motion, claiming that “political gamesmanship” was a hallmark of their two-year term in the majority.

But he also tacitly acknowledges how a closely divided Senate is still a difficult one to lead.

“Unlike the state Assembly and the unitary Executive, the New York State Senate is a closely divided body with 32 Republican majority party members and 30 minority party Democrats. The alignment makes the aussrance of a quorum to do business fraught with peril when a single missing member or two could shut down the work of the body. Political gamesmanship has adversely affected the business of the chamber when the Democrats were previously in control. Members should be forced, for no practical purpose, to have to weigh their elected responsibilities as members against the need for political presence in their districts.”

This puts the Senate Republicans at odds with elections officials around the state. The Elections Commissioners Association wrote a letter to Judge Gary Sharpe, with the group of Republicans and Democrats pushing for June.

Swirling around all of this is the redistricting process, which should be completed by early 2012, but will likely face stiff court challenges and, failing a compromise, a possible veto from Gov. Andrew Cuomo.

Update: Common Cause Executive Director Susan Lerner sends this quote over in response, calling August a “dead zone” for Democracy.

“August is a dead zone for democracy; holding a primary at the height of summer would gurantee depressed turn out. The Senate Republicans should be ashamed of their naked attempt to disenfranchise New York voters. The toxic partisanship of the redistricting process is now threatening to spill over and warp our primary calendar as well.”

Senate Motion to Intervene Ver 4 FINAL

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