New York bill introduced to move February presidential primary to April

Last week new legislation was filed in the New York Assembly to shift the presidential primary in the Empire state from February to April. A 4421 would not only move the presidential primary from the first Tuesday in February to the fourth Tuesday in April, but would also push the late June congressional primary to August. 

But the bill from Assemblymember Andrew Molitor (R-150th, Westfield) requires some further unpacking.

First, this is not a new idea. Versions of this same legislation were put forth in each of the last two legislative sessions. And in neither case did the bills go anywhere. This is all despite the fact that the New York presidential primary ended up scheduled for sometime in April in each of the last four cycles. [Note: Covid did ultimately push the April 2020 presidential primary to June.]

The past inaction says something about those previous bills: They break (and have broken) with the post-2008 protocol that has been established in the Empire state for dealing with the scheduling of the presidential primary election. No legislation since 2007 has sought to permanently change the date of the election. Instead, when late spring rolls around in the year before the presidential election, the New York state legislature introduces legislation crafted in consultation with the state parties to not only set the date of the presidential primary in the state but to define the terms of delegate allocation and selection to be used by each of the major parties. That legislation then sunsets after the general election, reverting the primary to the date set for the 2008 primary in 2007: the (noncompliant) first Tuesday in February. 

There is no indication that there is any momentum behind this latest effort to change that protocol. While the current method does technically put New York parties in noncompliance with national party rules, that reality at the very least forces legislators to revisit both the timing and method of delegate selection every four years. And theoretically at least that provides them an opportunity to carve out an advantageous position on the calendar (even if the default has been to place the election in April sometime).

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There is alternate legislation this session to permanently shift the primary to June as well.