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March 23, 2006 - For Immediate Release [~14kb PDF]
Motion to Intervene Denied in the Department of Justice/NYS HAVA Lawsuit
For more information contact:
Bo Lipari
607-387-9308 (office)
607-351-2314 (cell)
Email: bolipari@nyvv.org
The Motion to Intervene in the Department of Justice/NYS HAVA lawsuit
filed
by New Yorkers for Verified Voting, the League of Women Voters of New
York
State, and other New York State citizens was denied today in U.S. District
Court. Judge Gary Sharpe expressed concern about keeping the case from
getting unwieldy if too many parties became involved. The Court held
open
the possibility that the proposed Intervenors may be allowed to participate
later, at a point when a specific plan for HAVA compliance has been
proposed.
In another positive development, Judge Sharpe pressed the Department
of
Justice (DOJ) to concede that it is not seeking to force the remedy
called
for in the original complaint, which called for "full and complete" HAVA
compliance by September. The DOJ attorney signaled that they do not
intend
to try to force full compliance this year, and understand that there
are
physical constraints on what could be realistically accomplished in
the
remaining time.
In a new development, the Court ordered the State Board of Elections
to
produce a proposed compliance plan by April 10. The Department of Justice
will then have 10 days to react. At that point, the Court will evaluate
the
plan and determine how to proceed. The State Board has indicated that
it is
still working out the details of an interim solution.
"Our constitutional right to vote and to have those votes accurately
counted
must be protected." said Bo Lipari, Executive Director of New
Yorkers for
Verified Voting. "We believe that our Motion to Intervene should
have been
granted, so that New York State citizens have a voice in the outcome.
However, we are encouraged that the Court has held the door open for
us to
participate later, when a specific plan is on the table." |