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Judge “embarrassed” by state’s violation of HAVA

December
20

U.S. District Court Judge Gary Sharpe berated state elections officials this morning for failing to comply with a federal election-modernization law called the Help America Vote Act. Sixteen months have elapsed since the judge signed a court order requiring New York to implement the legislation. All states were supposed to have updated election systems in place by Jan. 1, 2006. The court order gave the state an extension until this fall, but elections officials missed that deadline too.

Sharpe said the situation makes him “embarrassed� to be a New Yorker. Every other state has put HAVA into effect, yet New York continues to come up with excuses, he said.

“Why is it that New York thinks that it can thumb its nose at the federal government?� he asked.

The judge gave state elections one more chance to submit a specific plan, but he warned any misstep this time would result in serious consequences, such as putting someone else in charge of the process. That could be Gov. Eliot Spitzer, he said. The Board of Elections has until Jan. 4 to submit its timeline. (Republican and Democratic commissioners have been unable to agree on a plan, but this will force them to.)

In a speech tinged with hyperbole, Sharpe asked if he needed to do what the late President Dwight D. Eisenhower did in 1957—call out the National Guard to force compliance with a federal court order. In that case, the military was sent to Little Rock, Ark., to enforce school desegregation. Black students were being blocked from entering a high school there.

“We didn’t let Little Rock, Ark., thumb its nose at the country, and we’re not going to let New York thumb its nose at the country,� he said.

This entry was posted on Thursday, December 20th, 2007 at 1:23 pm by Cara Matthews.
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2 Responses to “Judge “embarrassed” by state’s violation of HAVA”

  1. Arlene Montemarano

    The judge may be embarrassed because of New York’s reluctance to jump in and spend millions on complicated, buggy, completely hackable computer systems, but I am much more embarrassed at Maryland, where I live now. We DID take the plunge for $100 million with a terrible result: maintenance costs through the roof, paperless touchscreen machines that no one trusts, which we are stuck with.

    Had we been cautious as New York has shown itself to be, we would be $100 million richer, and we would probably be voting on paper ballots now, a system controlled by the people, and not corporate vendors with their own agendas.

    We took the WRONG road.

  2. ed

    Interesting. Too bad the original article couldn’t delineate the realities of the situation.

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