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Amicus Filed in Federal - NY State Lawsuit Over Voting Machines

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Amicus Filed in Federal - NY State Lawsuit Over Voting Machines
Two Dozen Election Integrity Groups Back Brief to Bar E-voting
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New York Attorney Andrea Novick of Election Defense Alliance (EDA) yesterday filed an amicus brief in United States v New York State Board of Elections (Case # 1:06-cv-263), tentatively scheduled to be argued in United States Federal Court in Albany on December 20 by EDA Attorney Jonathan Simon.

Coming before the Court on behalf of over two dozen election integrity groups and several prominent individuals, the suit seeks to avert the possible Department of Justice (DOJ) takeover of New York's 2008 federal election and court-ordered purchase of computerized voting machines, shown to be error- and manipulation-prone.

Novick recognized that the standoff between the federal DOJ and New York presented what Simon called "an opportunity to offer an alternative solution that moves away from disastrous experiences of other states’ use of secret, computerized electronic vote-counting equipment."
The brief argues that New York's currently-used mechanical lever voting machines are legal under the federal Help America Vote Act (HAVA), if supplemented by an accessible ballot marking device (BMD) at every polling site to accommodate voters with special needs.
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The brief also argues that hand counting the two federal races in New York in 2008, combined with the addition of disabled-accessible ballot marking devices, will bring the state fully into compliance with HAVA, as sought by the DOJ.
The brief offers over 200 pages of supporting documentation--including evidence and analysis of outcome-determinative electronic vote mistabulation, as well as guides, tools, and detailed instructions for hand counting -- prepared and submitted by election reformists from a broad spectrum of organizations. Novick saluted the "cooperation and enthusiasm displayed by our colleagues across the election integrity spectrum" in preparing these critically important documents for the court.

For further information and updates on scheduling, please contact Sally Castleman at (781-454-8700) or Jonathan Simon at (617-538-6012). For further case details, news, and links to court documents, see


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