Dated...
By Dave Reynolds, Inclusion Daily Express
March 3, 2006
WASHINGTON, DC--In its first legal action designed to enforce the Help America Vote Act of 2002 (HAVA), the U.S. Justice Department announced Wednesday that it is suing the State of New York for violating the federal law by failing to adopt voting systems that are accessible to voters with disabilities and that have a paper record, and to develop a statewide computerized voter registration database.
The suit gives New York until the September 2006 primary election to comply with the law, which had required each polling place across the country to have at least one voting device that voters with disabilities can use to cast a secret ballot without assistance by January 1. If the state fails to upgrade in time, it could lose $49 million of the approximately $221 million the federal government gave it under HAVA to update voting systems.
The suit asks the court to order New York officials to develop a plan of action within the next 30 days on how the state would comply.
New York officials responded that they are doing everything they can to follow the law. They added that the suit would have little effect because it would be nearly impossible to bring their voting systems into line in the next nine months.
http://www.inclusiondaily.com/archives/06/03/03/030306usvoting.htmIN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA, ))
Plaintiff, )
)
v. ) Civil Action No.
)
NEW YORK STATE BOARD OF )
ELECTIONS; PETER S. KOSINSKI )
and STANLEY L. ZALEN, Co-Executive )
Directors of the New York State Board of )
Elections, in their official capacities; and, )
STATE OF NEW YORK; )
)
Defendants. )
____________________________________)
COMPLAINT
Plaintiff, the United States of America, alleges:
1. The Attorney General of the United States hereby files this action on behalf of the
United States of America to enforce the requirements of Sections 301 and 303(a) of the Help
America Vote Act of 2002 (“HAVA”), with respect to the conduct of elections for Federal office
in the State of New York. 42 U.S.C. §§ 15481 and 15483(a).
JURISDICTION AND VENUE
2. This Court has jurisdiction of this action pursuant to 28 U.S.C. §§ 1331 and 1345,
and 42 U.S.C. § 15511.
3. Venue for this action is proper in the United States District Court for the Northern
District of New York, pursuant to 28 U.S.C. §§ 112 and 1391(b).
-------------------------------------------------------------------
Dated: February ___, 2006
ALBERTO GONZALES
Attorney General
By:
/s/
_______________________
GLENN T. SUDDABY WAN J. KIM
United States Attorney Assistant Attorney General
Civil Rights Division
By:
/s/ /s/
_______________________ _______________________
BARBARA D. COTTRELL JOHN K. TANNER
Assistant United States Attorney Chief, Voting Section
James T. Foley U.S. Courthouse
445 Broadway, Room 218 /s/
Albany, NY 12207-2924 ________________________
(518) 431-0247 (telephone) T. CHRISTIAN HERREN JR
(518) 431-0429 (facsimile) chris.herren@usdoj.gov
Bar Roll No. 101411 BRIAN F. HEFFERNAN
brian.f.heffernan@usdoj.gov
Room 7254--NWB
950 Pennsylvania Avenue, NW
Washington, DC 20530
(202) 514-4755 (telephone)
(202) 307-3961 (facsimile)
http://www.electionline.org/Portals/1/docs/NY%20DOJ%20complaint.pdfWhere they getting desperate?
Did they have to get them machines in place?