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Motion Denied

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."


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