http://www.nyvv.org/newdoc/doj/DOJvNYOrder011608.pdf

The Court has ordered the New York State to provide voting systems accessible to voters with disabilities at each poll site by September 2008 and to replace lever voting machines by September 2009 in accordance with the plan submitted by the NYS Board of Elections on January 4, 2008.

The Court finds:

1) It agrees with the DOJ that New York State has not complied with Section 301 of HAVA.

2) HAVA noncompliance is not an option, Federal law trumps State law.

3) Given NY’s delays it is not possible to meet HAVA requirements for the February 2008 primary, the September 2008 primary, or the November 2008 election.

4) Based on arguments by the parties and consideration of “relevant submissions” of Friend of the Court briefs “that partial compliance in the form of Ballot Marking Devices and/or voting systems accessible to persons with disabilities available for use in every polling place in the State of New York during the fall 2008 federal primary and general elections is possible and must be accomplished.”

5) Full compliance with HAVA’s voting system requirements, and the replacement of all lever voting machines in the State of New York must be accomplished as soon as possible but in no event later than in time for use during the fall 2009 State primary and general elections.

The Court Orders:

* The US DOJ motion to Enforce is Granted.

* The States plan for deployment of ballot marking devices of in every polling place in NY in 2008 and of the State’s plan for lever machine replacement for 2009 as set forth in the States filing of January 4, 2008 shall be implemented.

* The State must file a weekly progress report to the Court

* The State must notify the Court of any deviation from the schedule, “no matter how minimal” from the schedule submitted by the State, and the reasons for the deviations.

The State’s Plan of January 4, 2008 can be downloaded at:

http://www.nyvv.org/newdoc/doj/SBOEPlan010408.pdf

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