In what the GOP is calling a “desperate” attempt to keep the newly drawn New York election district maps in place, state Democrats filed a case in the federal court in Manhattan arguing that redrawing the maps could not be completed in time to satisfy federal law.

The complaint contends that the Democrat-drawn maps, which the Court of Appeals tossed out last week, have been in use thus far in the campaign season and should not be changed so close to the primary elections.

“It is the plan that all of New York’s congressional candidates campaigned under, gathered petitions under, and are prepared to run under,” the Democrats argue in the suit.

The trial court in the case, the state Supreme Court at Steuben County, had moved the date for some primary elections to August 23 from June 28 to give enough time to redraw and put into place new maps.

In arguing against moving the election date, the Democrats cite a court order from a decade ago that required the primaries to be held on the fourth Tuesday in June, so that military voters had time to vote.

That order reads: “This decision by no means precludes New York from reconciling their differences and selecting a different date, so long as the new date fully complies” with federal voting law.

“The court fully recognizes that a permanent primary date is best left to New York, but has acted as it must to preserve federally protected voting rights,” it continues.

The Democrats’ lawsuit does not argue about the constitutionality of the maps that were thrown out, simply that it is too late to do anything to change them.

A spokesman for the Republicans who challenged the maps, John Faso, dismissed the new lawsuit as the latest in a series of “desperate actions taken by Democrats seeking to preserve their unconstitutional gerrymander of congressional and legislative districts in New York State.”

He added: “There is sufficient time to conduct an election under new, constitutional district lines. We’re confident the federal courts, like their state counterparts, will see through this deception.”

Following an April 27 ruling declaring the Democrat-drawn maps unconstitutionally biased, the state senate and congressional primaries were moved to August 23. Multiple other states also hold their congressional primaries in August while complying with federal voting law.

A spokesperson for the New York Democratic Party did not respond to a request for comment.

The state assembly maps have also been challenged in a lawsuit filed by the New York Young Republicans. The suit cites the Court of Appeals decision, which ruled the process in which the maps were enacted unconstitutional.

A special master, Johnathan Cervas, is now responsible for redrawing the maps, a process that will begin on May 6. Interested parties have been invited to submit maps and concerns to the court for consideration.