Justice Department Sues New York State Over Voting Rights
Lawsuit Seeks to Vindicate Rights of Disabled Voters
and Federal Election Reform Efforts

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WASHINGTON, D.C.  The Justice Department announced today that it has filed suit against the State of New York alleging violations of the Help America Vote Act of 2002 (HAVA). The lawsuit was filed in the U.S. District Court for the Northern District of New York, in Albany.

The government's complaint contends that the state has failed to comply with two of HAVA's requirements governing federal elections: that states (i) adopt voting systems that are fully accessible by disabled voters and are capable of generating a permanent paper record that can be manually audited, and (ii) create a statewide computerized voter registration database. The lawsuit is the first filed to vindicate these important federal obligations.

"HAVA contains important reforms designed to ensure that elections for federal office will both allow access to all voters and ensure the integrity of the process," said Wan J. Kim, Assistant Attorney General for Civil Rights. "We believe today's lawsuit will help ensure that New York voters enjoy the benefits of these important reforms."

HAVA was enacted with bipartisan support after the 2000 presidential election and was signed into law by President Bush on October 29, 2002. States had nearly three years to comply with the provisions enforced under today's lawsuit, which took effect January 1, 2006.

This suit is the culmination of an extensive effort by the Civil Rights Division to ensure timely and full implementation of HAVA. The Division met with representatives from states around the country to appraise and assist with their implementation efforts. As part of this process, the Division closely reviewed New York officials' steps to comply with HAVA. The Division repeatedly urged to New York to come into compliance on a voluntary basis. As of the January 1, 2006 deadline, however, New York was not close to compliance with either provision.

HAVA was the first federal statute to provide federal funds to states to support reform of federal elections. As the government's complaint alleges, New York received approximately $221 million to assist its implementation of HAVA's requirements. This included more than $49 million specifically designated to assist the state replace its lever voting machines. Under HAVA, New York stands to lose these earmarked funds if it fails to replace these machines by the September 2006 primary election. Today's lawsuit seeks a determination that the State of New York is not in compliance with HAVA's voting systems and database requirements, and an order requiring the state to submit promptly a plan demonstrating how it will come into full compliance.

FEDS SUE N.Y. OVER VOTE-MACHINE MESS
By KENNETH LOVETT Post Correspondent

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ALBANY  The U.S. Justice Department yesterday sued the state for foot-dragging on a modernized voting system required by Congress after the 2000 presidential-election fiasco in Florida.

The lawsuit, filed in U.S. District Court in Albany, seeks a ruling that the state is not in compliance with the 2002 Help America Vote Act and asks for an order requiring New York to submit a plan within 30 days showing how it will promptly come into compliance.

"We believe today's lawsuit will help ensure that New York voters enjoy the benefits of these important reforms," said Wan Kim, assistant attorney general for civil rights.

But some groups  even those who have been vocal in their criticism of the state delays  say the lawsuit could do more harm than good.

"By initiating this lawsuit, (the Justice Department) threatens to throw this election into chaos," the New York Public Interest Research Group warned in a statement. "There's simply not enough time to force implementation for this September."

The federal government contends the state has had since 2002 to enact a new voting system on time that is fully accessible by disabled voters and capable of generating a paper record.

The lawsuit also charges that New York failed to create a statewide computerized voter registration database by the Jan. 1 deadline.

New York has fallen behind every other state in implementing the changes, Justice Department officials say.

Federal officials had been in negotiations with the state right up until the lawsuit was filed to find a way to get New York to voluntarily meet the compliance deadlines.

The state has received $221 million from the federal government to implement the new voting requirements, including $49 million to replace the state's outdated 30,000 lever voting machines  some of which date back to the 1950s.

New York might lose the $49 million if the voting machines are not replaced by the September primaries  a deadline that state officials say is no longer feasible for the bulk of the state's 62 counties.

Lee Daghlian, spokesman for the state Board of Elections, said that despite the threats, he was surprised the Justice Department actually filed the lawsuit since the two sides were close to an agreement to resolve the issues.

Such a deal would create a statewide voter-registration database later this year and allow disabled voters this fall to use voice-activated machines or telephone hookups to record their choices on paper ballots.

A spokesman for Gov. Pataki said the administration will review the filing.

"But we remain committed to ensuring that all New Yorkers have confidence that their right to vote is protected and their vote is accurately counted, and we will continue working to fully implement the state's election-modernization efforts as quickly as possible," said the spokesman, Saleem Cheeks.

Assembly Election Law Committee Chairman Keith Wright (D-Manhattan) said he also believes New York will be in compliance when it comes to disabled voters by the November elections.

"I think the Justice Department wants to make New York the poster child for things that were not totally within our control," Wright said.

kenneth.lovett@nypost.com