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Alternatives to Forced E-Voting Proposed in US Justice v. NY State HAVA Suit
Click here for 12.15.07 Press Release on Amicus Brief
Click Here to Download the Amicus Brief
Scroll down for links to all amici declarations and exhibits filed in this case.
United States v. New York State Board of Elections
No. 06-CV-0262, U.S. District Court, Northern District of New York
.• Complaint:
This lawsuit, filed March 1, 2006, seeks declaratory and injunctive relief for the Defendants’ alleged failure to implement the voting system standards and statewide voter list provisions of HAVA. With respect to the voting system standards, the complaint supports its allegation by noting that the State Board failed to
(1) approve any voting systems,
(2) adopt any final rules or regulations related to voting systems, and
(3) obtain any voting systems that comply with the requirements of HAVA.
With respect to statewide voter list, the complaint notes that, among other things, the has failed to
(1) publish any rules or regulations governing the statewide voter list,
(2) take the necessary steps to contract for the development of a statewide voter database, and
(3) establish the necessary agreements with the Social Security Administration to match voter registration information.
• Status:
DOJ sought a preliminary injunction on March 6, which was granted by the court on 23, 2006. The court ordered the State Board of Elections to file a remedial HAVA implementation plan by April 10, 2006, and provided ten days to respond, later extended to eighteen days.
State filed its HAVA plan with court on April 10, and Plaintiffs’ responded on April 18th agreeing to the plan.
On June 2, the court ruled that the Board’s HAVA plan would bring the state, over time, into full compliance and set a series of deadlines for implementation and reporting. Currently before the court is a motion to intervene by a diverse coalition of civic organizations that is concerned about the adequacy of the state’s plan.
• Parties: This lawsuit was filed by the Voting Section of the Department of Justice against the New York State Board of Elections, its co-executive directors, and the State of York.
All amici declarations filed in this case are available for download from the links you see immediately below this text window.
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