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NYVV files Amicus Brief in DOJ vs. NYS Lawsuit

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New Yorkers for Verified Voting, the League of Women Voters of New York, New York Public Interest Research Group (NYPIRG), and Citizen Action of New York have filed an amicus brief in the United States vs. New York State HAVA lawsuit. The organizations have led the fight for voting integrity in New York State and collectively have over 100,000 members and supporters in New York State.

In their brief, the groups argue that electronic touchscreen machines (DREs) do not meet statutory or constitutional requirements ensuring that each vote will be properly counted and should not be part of any plan imposed by the Court.

Further, the organizations contend that to require full HAVA compliance by the 2008 presidential election as the Department of Justice requests would cause chaos at New York polling places, impairing the very rights HAVA intends to protect. The brief argues that lever machine replacement should be phased in over two years, with continued use of levers permitted until Fall 2009. This schedule would prevent the inevitable problems caused by using a new voting system for the first time in a high stakes, high turnout election.

The NYVV amicus brief can be downloaded here.

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The DOJ and New York State will present oral arguments in United States District Court in Albany on Thursday, December 20, 2007. On Monday, December 17, 2007, the Court ruled that amicus brief filers will not be allowed to make oral arguments at the hearing.


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Bo Lipari is the executive director of New Yorkers for Verified Voting.

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