Since state lawmakers have been dragging their feet, the Justice Department is asking a federal judge to make New York State move up its primary schedule.

Metropolis reports, "In court papers filed late Monday night, government lawyers charge more than half the counties in the state-far more than previously thought-failed to meet the deadline for 2010 general-election ballots to go out to military and overseas voters. The submission to federal judge Gary Sharpe in Albany is the clearest sign yet that New York won’t obtain a waiver from the federal government to allow them extra time to send out military ballots. The court filing also puts more pressure on the state legislature to pass its own law moving up the primary."

And the DOJ's order reads, "New York shall conduct its 2012 federal non-presidential primary election on an appropriate date no later than 35 days prior to the 45-day advance deadline set by the MOVE Act for transmitting ballots to the State’s military and overseas voters, i.e., at least 80 days before the November 6, 2012 federal general election," and Daily Politics points out, "Eighty days before November 6, 2012 is August 18."