Court Order in DOJ v. NY - Voting Access

Congratuations to all the advocates in NY for their hard work in insisting that NY state conform to HAVA, states Brad Williams of NY State
Independent Living Council (SILC).

After a substantial five year effort, which included efforts to provided technical assistance on voting access issues (testing accessible voting machines, evaluating polling place access, poll worker training), being actively engaged in systems advocacy (expressing our displeasure through protest and civil disobedience, defeating a state procedure to segregate the Ballot Marking Device locations for voters with disabilities, defeating an amendment to HR 811 that would have suspended voting access rights under HAVA for New Yorkers with disabilities until 2010), and pursuing various legal options (filing an Article 78 action against the State Board of Elections, jointly suing with multiple plaintiffs for intervention status in Federal District Court, compiling over 90 voting access complaints for Election Day 2006, submitting evidence and affidavits to US DOJ for their original lawsuit against New York State in March 2006, and filing an amicus brief to the supplemental remedial order issued by the Federal Judge), disability rights advocates in New York feel that they have collectively had an impact and finally witnessed what will lead to full voting access for people with disabilities in the State, states Brad Williams.

Court Order in DOJ v. NY
The Court has ordered the New York State to provide voting systems accessible to voters with disabilities at each poll site by September 2008 and to replace lever voting machines by September 2009 in accordance with the plan submitted by the NYS Board of Elections on January 4, 2008.

The Court finds:
1) It agrees with the DOJ that New York State has not complied with Section 301 of HAVA.
2) HAVA noncompliance is not an option, Federal law trumps State law.
3) Given NY’s delays it is not possible to meet HAVA requirements for the February 2008 primary, the September 2008 primary, or the November 2008 election.
4) Based on arguments by the parties and consideration of “relevant submissions” of Friend of the Court briefs “that partial compliance in the form of Ballot Marking Devices and/or voting systems accessible to persons with disabilities available for use in every polling place in the State of New York during the fall 2008 federal primary and general elections is possible and must be accomplished.”
5) Full compliance with HAVA’s voting system requirements, and the replacement of all lever voting machines in the State of New York must be accomplished as soon as possible but in no event later than in time for use during the fall 2009 State primary and general elections.
The Court Orders:
• The US DOJ motion to Enforce is Granted.
• The States plan for deployment of ballot marking devices of in every polling place in NY in 2008 and of the State’s plan for lever machine replacement for 2009 as set forth in the States filing of January 4, 2008
shall be implemented.
• The State must file a weekly progress report to the Court
• The State must notify the Court of any deviation from the schedule, “no matter how minimal” from the schedule submitted by the State, and the reasons for the deviations.
The State’s Plan of January 4, 2008 can be downloaded at:
http://www.nyvv.org
The US District Court for the Northern District of NY decision can be downloaded at http://www.nyvv.org/new