Justice Department Sues New York State over Voting Rights

      Lawsuit Seeks to Vindicate Rights of Disabled Voters
               and Federal Election Reform Efforts

WASHINGTON, D.C. - The Justice Department announced today that
it has filed suit against the State of New York alleging
violations of the Help America Vote Act of 2002 (HAVA). The
lawsuit was filed in the U.S. District Court for the Northern
District of New York in Albany.

The government's complaint contends that the state has failed
to comply with two of HAVA's requirements governing federal
elections, and that states:

(i)  adopt voting systems that are fully accessible by disabled
     voters and are capable of generating a permanent paper
     record that can be manually audited, and

(ii) create a statewide computerized voter registration
     database. The lawsuit is the first filed to vindicate
     these important federal obligations.

"HAVA contains important reforms designed to ensure that
elections for federal office will both allow access to all
voters and ensure the integrity of the process," said Wan J.
Kim, Assistant Attorney General for Civil Rights. "We believe
today's lawsuit will help ensure that New York voters enjoy the
benefits of these important reforms."

HAVA was enacted with bipartisan support after the 2000
presidential election and was signed into law by President Bush
on October 29, 2002. States had nearly three years to comply
with the provisions enforced under today's lawsuit, which took
effect January 1, 2006.

This suit is the culmination of an extensive effort by the
Civil Rights Division to ensure timely and full implementation
of HAVA. The Division met with representatives from states
around the country to appraise then assist with their
implementation efforts. As part of this process, the Division
closely reviewed New York officials' steps to comply with HAVA.
The Division repeatedly urged to New York to come into
compliance on a voluntary basis. As of the January 1, 2006
deadline, however, New York was not close to compliance with
either provision.

HAVA was the first federal statute to provide federal funds to
states to support reform of federal elections. As the
government's complaint alleges, New York received approximately
$221 million to assist its implementation of HAVA's
requirements. This included more than $49 million specifically
designated to assist the state replace its lever voting
machines. Under HAVA, New York stands to lose these earmarked
funds if it fails to replace these machines by the September
2006 primary election. Today's lawsuit seeks a determination
that the State of New York is not in compliance with HAVA's
voting systems and database requirements, and an order
requiring the state to submit promptly a plan demonstratin
how it will come into full compliance.
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