NYS HAVA UPDATE (
NYS Senate Majority Leader Joseph
Bruno recently sent out a letter to advocates who responded to an earlier
action alert to update them about the state’s efforts to comply with HAVA. The
letter was written in a technical way to “create a responsible tone” and inform
recipients about actions taken by the State to comply with HAVA. The letter
highlights the availability of federal HAVA funds, addition of state funds for
polling place access (not great for many reasons), and compliance with the
federal court order as specific examples.
Advocates need to understand that
this communication in no way, shape, or form, ensures full and meaningful
compliance with HAVA for New Yorkers with disabilities. The present court order
referred to in the letter is woefully insufficient to provide New Yorkers with
disabilities the ability to vote “privately and independently” on Primary and
Election Days 2006. Most counties are looking to implement one fully accessible
polling place per county with one or more accessible voting machines. Not only
does this violate the law, but it imposes transportation barriers, and does not
even come close to addressing the voting access needs of people with
disabilities.
It should be noted that NYS Senator
John Flanagan, Chair of the NYS Senate Elections Committee, went public with
his disapproval of this court approved plan. An excerpt is provided below from
the Associated Press article by Marc Humbert on
Under a
state plan before
"It
is a bad plan," Flanagan told an
In a
letter to Sharpe, the
Further, the current court order is
being challenged by a group of disability, civic and civil rights organizations
in
Obtaining state funds to help with
polling place access has its own set of problems. The Americans with
Disabilities Act (ADA) mandates public and private access. This includes access
to polling places. The owners of public and private properties are responsible
for making their premises accessible. They should comply with the law, invest
the monies to make their sites accessible, or risk losing the designation of
being a polling place. The practice of throwing public money at a given
responsibility will only add confusion. The exact process has yet to be fully
defined. Does a site apply to their county, establish that no other
alternative, accessible site is in proximity, has an accessibility expert
suggest the most efficient remedies, obtain bids, apply to the state for final approval,
hire the contractor, supervise the work, and notify the county upon completion?
This process could extend over another 1-2 years. This just isn’t good enough.
NYS Attorney General Eliot Spitzer sued three upstate counties back in
1999-2000 regarding the lack of polling place access. Two of the counties
complained in the media and before the court date about how impossible it would
be to achieve substantial compliance. In the end, when they changed their
attitudes and put their minds to it, the counties were substantially compliant
nine months later (Election Day 2000).
An interesting article appeared in
The Post-Star today (See below). It indicates the start of some responsible
action on the part of local election officials. It is satisfying to see them
acknowledge, on the record, their responsibilities under HAVA and the ADA, move
and consolidate polling sites so that all locations are accessible, and have
one of the new polling places at the local Independent Living Center!
We will keep you apprised of this
situation and communicate significant events as they transpire.
Brad Williams, NYSILC
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The Post-Star
Polling Places to See Changes
By David Iman II
The Warren County Board of Elections is changing the
places where residents from 10 voting districts will cast their ballots in the
primary and general elections this fall.
“We are doing it this year (because of) everything
that is going on next year with the new voting machines,” said Democratic
Election Commissioner William Montfort. “We’ve
gradually been changing them over time.”
With the changes, there are now 27 polling places for
the county’s voting districts. The changes will ensure every polling
place is accessible to individuals with disabilities. It will also lessen
the number of new voting machines the county must purchase, which will save
money, Montfort said.
The 2002 Help America Vote Act requires counties to
upgrade decades-old voting machines and to ensure polling places are in
compliance with the Americans With Disabilities Act.
Fewer polling places will also allow the county to
save money by hiring fewer election inspectors – not only for election day, but also to conduct training classes on the
new machines, Montfort said.
All residents whose districts are affected will
receive a postcard from the board of elections instructing them on where to
vote this fall.
The Washington County Board of Elections has moved
two polling places.
Those who voted at the
The town hall is undergoing repairs to fix structural
problems, according to Washington County Board of Elections Republican
Commissioner Donna English.
Residents who voted at the Masonic Hall in the town
of
There are no changes to polling places in
Disabled Voters
The state is late in complying with the Help America
Vote Act. As a result, during the coming election season, all counties
are required to provide a ballot machine that includes features to aid disabled
voters in at least one voting location.
[CORRECTION: The address listed is
the GFILC’s old address. It is now a “Bed &
Breakfast.” The GFILC’s new address is:
[In Text Box]
City of
Ward 2, Districts 1 and 2 will vote at the
Ward 5, District 1 will vote at the
Town of
Ward 2, District 5 will vote at the Queensbury
Central Firehouse on
Ward 3, District 4 will vote at the William Barton
4/5
Ward 4, District 10 will vote at the West Glens Falls
Firehouse No. 1 on
Town of
District 2 will vote at the
Town of
Districts 2 and 3 will vote at the Community Center
in Wevertown.
For more information, visit the