http://www.timesunion.com/AspStories/story.asp?storyID=439874&category=OPINION&newsdate=1/15/2006
timesunion.com
Election
reform must include state's disabled
By BRAD WILLIAMS
January 15, 2006
Governor Pataki's recent State of the State address
discussed a wide range of topics, but the issue of election reform was
conspicuously absent. This is because New York has been in violation of the
full implementation deadline of the federal Help America Vote Act since Jan. 1.
New Yorkers with disabilities have the most to lose because
of this. They still are being denied full access to voting machines, the ballot
and polling places after more than 200 years in the history of our state and
country.
At issue is HAVA's mandatory requirement to remove barriers
and increase access so that citizens can vote "privately and
independently," as further supported by Title II of the federal Americans
with Disability Act of 1990 and the 14th Amendment to the U.S. Constitution.
Modest estimates project that the state won't be able to
meet this requirement until 2008. This is both unacceptable and another dismal
example of how dysfunctional New York state government has become.
Other groups have expressed additional concerns about
HAVA-related issues, including the types of voting machines that the state
Board of Elections will certify for use, and the requirement for a paper trail
for each voter. These issues must still be resolved.
Since our state government has yet to uphold its moral and
legal obligations to fully implement HAVA, I suggest that the state should
demonstrate an interim act of good faith by immediately establishing a new
program for New Yorkers with disabilities.
The "Fundamental Right" state income tax break
would give qualified enrollees a two-fifths break on their state income tax.
Only a person enrolled in the program could take advantage of the tax break.
To qualify for the tax break, a person would have to:
Be a resident of and registered voter in New York state.
Have a disability, as defined under the federal Americans
with Disabilities Act.
Sign a sworn statement to verify that he or she cannot vote
privately or independently at his or her designated polling site.
In return, participants in the program would agree not to
file and pursue legal action related to their voting rights against New York
state during the time that they are enrolled and take the tax break.
The tax break would end the year after the U.S. Department
of Justice verifies that New Yorkers with disabilities can vote privately and
independently, as specified under HAVA.
It must be understood that this program is an interim
measure, not meant to replace or prolong providing New Yorkers with disabilities
their fundamental rights to vote privately and independently as American
citizens. The money the state saves from avoiding extensive litigation costs,
fines, and awards would more than pay for the program.
In his State of the State address, the governor called for
several new breaks, while stating, "We've led the nation in cutting taxes
-- 81 cuts to 19 different state taxes."
He capped his speech by talking about how the new Freedom
Tower in Manhattan will "transcend great challenges," similar to the
way the dreams and aspirations of our forefathers led to "limitless hope,
opportunity and freedom."
New Yorkers with disabilities have been waiting over two
centuries to gain full access to their voting rights, which directly impacts
their hopes, opportunities and freedoms. Time will tell if the governor extends
his penchant for tax cuts to New Yorkers with disabilities, consistent with our
forefathers' belief in "no taxation without representation."
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