The Department of Justice has sent a letter to New York
indicating their intent to file a lawsuit against New York State due to our
non-compliance with HAVA.
The implications of this, and how it proceeds, are huge.
Just how far will the DOJ go to ensure compliance with HAVA? Will they take
back the HAVA funds and fine us, or impose a new deadline, or are there more
ominous possibilities -- a federal judge stepping in and choosing NY's voting
machines, or enforcing a DOJ-imposed implementation plan?
*****
On January 10, 2006, the Department of Justice sent a letter
to Attorney General Eliot Spitzer and the New York State Board of Elections
informing them that:
"I have authorized the filing of a lawsuit on
behalf of the United States against the State of New York as well as the New
York State Board of Elections, et al, pursuant to Sections 301 and 303(a) of
the Help America Vote Act of 2002, 42 U.S.C && 15481 and
15483(a).Section 401 of HAVA, 42 U.S.C. & 15511, authorizes the Attorney
General to bring an action in federal district court for such declaratory and
injunctive relief as is necessary to carry out the requirements of Title III of
HAVA."
New York is considered non-compliant with the voting machine
provisions of HAVA (section 301), and the voter registration database
requirements (Section 303).
The letter is clear that they feel New York is the worst of
the worst non-compliant states:
"It is beyond dispute that New York is not now
in compliance..."
and
"...it is clear that New York is not close to
approaching full HAVA compliance, and , in our view, is further behind in that
regard than any other state in the country."
They state that resolution may be resolved through a
"negotiated consent decree
rather than through costly and protracted litigation"
and ask if NY is willing to
"enter into negotiations for a fair and equitable settlement of this matter..."