Last Updated: September 10, 2010 at 1:39 PM

United States of America v. New York Board of Elections

Case Information

Date Filed: March 1, 2006
State: New York
Issue: Voting Technology
Courts that Heard this Case: U.S. District Court for the Northern District of New York (Case 1:06-cv-00263-GLS )

Issue:

Whether the State of New York has meet its obligations under the national Help America Vote Act (HAVA), which requires, among other things, up-to-date and accessible voting machines.

Status:

Motion hearing held on 12/20/07. Supplemental Remedial Order issued 1/16/08, granting judgment for the Plaintiffs.  The Court is currently overseeing NY efforts to bring their election system into compliance with federal law. 

U.S. District Court, Northern District of New York

• Complaint (filed 3/1/06)
• First MOTION to Intervene (filed 3/3/06)
• AFFIDAVIT of Richard Emery in Support of Motion to Intervene (filed 3/3/06)
• AFFIDAVIT of Robert Marchiony in Support of Motion to Intervene (filed 3/3/06)
• AFFIDAVIT of Stephen DeWitt in Support of Motion to Intervene (filed 3/3/06)
• AFFIDAVIT of Henry J. Nicols in Support of Motion to Intervene (filed 3/3/06)
• AFFIDAVIT of Lionel Logan in Support of Motion to Intervene (filed 3/3/06)
• AFFIDAVIT of Larry Rockefeller in Support of Motion to Intervene (filed 3/3/06)
  • Exhibits 1, 2, 3, 4, 5
• AFFIDAVIT of Bo Lipari in Support of Motion to Intervene (filed 3/3/06)
• MOTION for Preliminary Injunction (filed 3/6/06)
  • Memorandum of Law
  • Exhibits A, B, C, D, E, F, G, H, I, J, K, L
• Letter Motion from H. William Van Allen requesting intervention in this matter (filed 3/9/06)
• LETTER BRIEF by United States of America (filed 3/13/06)
• LETTER BRIEF by New York State Board of Elections (filed 3/13/06)
• SUPPLEMENTAL DECLARATION of B. Deitz in Support re Letter Motion from H. William Van Allen requesting intervention in this matter (filed 3/15/06)
  • Declaration of G. Razzano
  • Declaration of C. Strunk
• RESPONSE in Opposition re Letter Motion from H. William Van Allen requesting intervention in this matter (filed 3/20/06)
  • Declaration Declaration of Brian F. Heffernan
  • Certificate of Service (Brian Heffernan)
  • Palmer case
  • Drongosky case
  • Envirco case
• RESPONSE to Motion re First MOTION to Intervene (filed 3/20/06)
• RESPONSE to Motion re Letter Motion from H. William Van Allen requesting intervention in this matter, First MOTION to Intervene (filed 3/20/06)
• REPLY to Response to Motion re First MOTION to Intervene (filed 3/22/06)
• Letter Motion from United States of America for United States of America requesting Entry of Proposed Order (filed 3/22/06)
  • Proposed Order/Judgment Proposed Order
  • Certificate of Service
• REPLY to Response to Motion requesting intervention in this matter (filed 3/22/06)
• ORDER, that the Motion for Preliminary Injunction is GRANTED, to the extent set forth in the order (entered 3/23/06)
• Letter Motion from H. William Van Allen dd 3/30/06 requesting reconsideration of 3/23/06 Order (filed 3/31/06)
  • Exhibits A, B, C, D, E, F, G, H
• TEXT-ONLY ORDER: H. William Van Allen pro se has filed an application seeking reconsideration of his motion to intervene. The court acknowledges that it has discretion to reconsider its previous decision. However, for the reasons articulated during the hearing, Van Allen's application for reconsideration is DENIED (entered 4/3/06) [non-document]
• NOTICE OF APPEAL as to 3/23/06 Oral Order denying Van Allen's Letter Request to Intervene (filed 4/7/06)
• LETTER BRIEF Submitting the State Board of Elections HAVA Implementation Plan (filed 4/10/06)
  • SBOE HAVA Plan
• LETTER BRIEF with an addendum to the HAVA Plan previously submitted (filed 4/20/06)
• Appendix Summary of County Board Responses to the State Board HAVA Plan
• Letter Motion from Brian F. Heffernan for United States of America requesting Extension of time until April 28, 2006 for United States to respond to SBOE HAVA compliance Plan (filed 4/21/06)
• LETTER REQUEST dated April 21, 2006 by Brian F. Heffernan, Esq., and ORDER GRANTING request for an extension of time until April 28, 2006, for the United States to respond to the SBOE's Plan for compliance with HAVA (entered 4/25/06)
• RESPONSE TO LETTER BRIEF filed by United States of America as to LETTER BRIEF filed by New York State Board of Elections, United States' Response to New York's HAVA Remedial Plan (filed 4/28/06)
• Exhibit 1 - County Summary Chart
• Exhibit 2 - Lee Declaration
• Exhibit 3 - County Polling Places and Machines
• Declaration of Brian F. Heffernan
• MOTION for Leave to Appear Amici Curiae by Citizens Union of the City of New York, Citizens Union Foundation of the City of New York (filed 4/28/06)
  • Motion
  • Memorandum of Law
  • Affidavit /Declaration of Richard D. Dadey
  • Proposed Order/Judgment
• LETTER BRIEF (filed 5/16/06)
  • Supplement Chart of Tasks and Dates for Compliance
  • Supplement Chart of County Compliance Plans
  • Supplement NYC Compliance Plan Detailed
• LETTER BRIEF Submitting Proposed Remedial Order (filed 5/17/06)
  • Proposed Order/Judgment United States' Proposed Remedial Order
• MOTION to Intervene (filed 5/18/06)
• Letter Motion requesting Adoption of Proposed Remedial Order (filed 5/19/06)
• RESPONSE to Motion re Letter Motion requesting Adoption of Proposed Remedial Order (filed 5/20/06)
• REMEDIAL ORDER (entered 6/2/06)
• Letter Motion from Proposed Amici Curiae (filed 6/6/06)
• AFFIDAVIT re Letter Motion from Proposed Amici Curiae (filed 6/7/06)
• LETTER BRIEF in response to the June 2, 2006 Court order (filed 6/15/06)
• Appendix: Plan B Ballot Marking Device Details and Logistics
• LETTER BRIEF in response to the Courts June 2, 2006 order (filed 6/16/06)
  • Appendix: Proposed Statewide Database Regulations
• RESPONSE in Opposition re MOTION to Intervene (filed 6/19/06)
  • Appendix: Taylor v. Onorato
  • Appendix: Certificate of Service
  • Declaration: Heffernan Declaration
• REPLY to Response to Motion re MOTION to Intervene Proposed Plaintiffs-Intervenors' Reply Memorandum of Law in Further Support of Intervention (filed 6/26/06)
• LETTER BRIEF Attaching Comments on Draft Database Regulations (filed 6/30/06)
• ORDER, that the Motion to Intervene is DENIED (entered 7/21/06)
• LETTER BRIEF submitting the State Board's plan for voting machine replacement and the final statewide database regulations (filed 8/15/06)
  • Appendix: Plan for Voting Machine Replacement
  • Appendix: Final Statewide Database Regulations
• NOTICE OF APPEAL as to Order on Motion to Intervene (filed 8/17/06)
• LETTER BRIEF filing the revised 2007 voting machine replacement plan (filed 9/7/06)
• MOTION to Intervene (filed 12/21/06)
  • Declaration: Declaration of Peter J. Clines
  • Declaration: Joint Declaration in Support of Intervention
• MEMORANDUM OF LAW re Motion to Intervene (filed 12/21/06)
• ANSWER to Complaint, CROSSCLAIM (filed 12/21/06)
• MANDATE of USCA/STIPULATION OF VOLUNTARY WITHDRAWL OF APPEAL (filed 12/27/06)
• Letter Motion requesting Adjournment of Hearing on Motion for Intervention (filed 1/9/07)
• RESPONSE in Opposition re Letter Motion requesting Adjournment of Hearing on Motion for Intervention (filed 1/10/07)
• LETTER REQUEST dated January 9, 2007 and ORDER regarding the MOTION to Intervene (entered 1/10/07)
• Letter Motion requesting Adjournment (filed 2/21/07)
• RESPONSE to Motion re Letter Motion requesting Adjournment (filed 2/22/07)
• MOTION to Intervene (filed 3/30/07)
  • Declaration of Christopher A. Jeffreys in support of motion to intervene
  • Exhibits to Declaration
  • Memorandum of law in support of motion to intervene
• RESPONSE to Motion re MOTION to Intervene (filed 4/16/07)
• RESPONSE in Opposition re MOTION to Intervene (filed 4/16/07)
  • Declaration of Brian Heffernan
  • Appendix A, B
• RESPONSE to Motion re MOTION to Intervene (filed 4/16/07)
• Text Only Order - On December 22, 2006, the Board of Elections and the Legislature of Nassau County filed a motion to intervene as a defendant in this case. Dkt. No. 100. On March 30, 2007, the County of Suffolk also filed a motion to intervene as a defendant in this case. Dkt. No. 111. For the reasons articled in the U.S. Governments memorandum of law, Dkt. No. 115, this court declines to permit Nassau and Suffolk County to intervene. Accordingly, the motions to intervene are DENIED (entered 7/19/07)
• MOTION to Intervene (filed 7/25/07)
  • Declaration Of Michael G. Santangelo in Support of Intervention
• RESPONSE in Opposition re MOTION to Intervene (filed 8/16/07)
  • Declaration of Brian Heffernan
  • Appendix A - NYSBOE Status Reports
  • Appendix B - State Publication
• RESPONSE to Motion re MOTION to Intervene (filed 8/16/07)
• RESPONSE to Motion re MOTION to Intervene (filed 8/17/07)
• TEXT ONLY ORDER - On July 25, 2007, Putnam County Board of Elections and Putnam County Legislature filed a motion to intervene as a defendant in this case. Dkt. No. 118. For the reasons articled in the U.S. Governments response, see Dkt. No. 121, this court declines to permit Putnam County Board of Elections and Putnam County Legislature to intervene (entered 8/23/07)
• STATUS REPORT for August 29, 2007 conference with the Court (filed 8/29/07)
• NOTICE by Nassau County Board of Elections Notice of Appeal (filed 9/13/07)
• LETTER BRIEF seeking extension to file implementation plan from 9/28 to 10/2 (filed 9/28/07)
• ORDER GRANTING request to extend the deadline for the State Board to file its revised implementation plan with the Court on or before October 2, 2007 (entered 9/28/07)
• STATUS REPORT (filed 10/2/07)
  • Kelleher and Donohue Plan
  • Exhibits: A, B, C, D, E
• LETTER BRIEF re: SBOE Proposed Remedial Plans (filed 10/2/07)
• STATUS REPORT/PLAN (filed 10/2/07)
  • Exhibits: A, B, C, D, E
• MOTION Enforcement of June 2, 2006 Remedial Order and HAVA Motion Hearing set for 12/6/2007 09:00 AM in Albany before Judge Gary L. Sharpe.,Response to Motion due by 11/19/2007 (filed 11/5/07)
• Memorandum of Law in Support of United States' Motion to Enforce June 2, 2006 Remedial Order
• Declaration of Brian F. Heffernan
• Declaration Certificate of Service
• Exhibits: A, B, C, D, E, F, G, H, I, J, K, L, M
• LETTER BRIEF seeking adjournment of filing dates for motion (filed 11/8/07)
• RESPONSE TO LETTER BRIEF (filed 11/8/07)
• LETTER/ORDER Setting Hearing on Motion 134 MOTION Enforcement of June 2, 2006 Remedial Order and HAVA : Response to Motion due by Noon on 12/14/2007; Motion Hearing has been reset for 12/20/2007 at 09:00 AM in Albany before Judge Gary L. Sharpe (entered 11/15/07)
• Letter Motion requesting Renew Intervention Motion (filed 12/13/07)
  • Court of Appeals Decision Order of the 2nd Circuit COA 12/11/2007
  • Declaration of Sciglibaglio and DeGrace 12/13/07
  • Exhibits to Declaration
• RESPONSE to Motion re MOTION Enforcement of June 2, 2006 Remedial Order and HAVA (filed 12/13/07)
• RESPONSE to Motion re MOTION Enforcement of June 2, 2006 Remedial Order and HAVA (filed 12/14/07)
• MOTION for Preliminary Injunction to Join County Boards of Election as Party Defendants (filed 12/14/07)
  • Proposed Order/Judgment Proposed Order to Show Cause
  • Affidavit Kosinski-Zalen Affidavit
  • Memorandum of Law
  • Appendix A: List of County Boards
• RESPONSE to Motion re Letter Motion requesting Renew Intervention Motion (filed 12/14/07)
• Letter Motion requesting postponement of hearing (filed 12/14/07)
• MOTION leave to file amicus brief Motion Hearing set for 1/17/2008 09:00 AM in Albany before Judge Gary L. Sharpe.,Response to Motion due by 1/4/2008 (filed 12/17/07)
  • Memorandum of Law
  • Exhibits: 1, 2, 3, 4, 5, 6
• RESPONSE to Motion re MOTION leave to file amicus brief Letter Response Indicating No Opposition to Amicus Filing (filed 12/18/07)
• RESPONSE in Opposition re MOTION for Preliminary Injunction to Join County Boards of Election as Party Defendants (filed 12/18/07)
• RESPONSE in Opposition re 162 Letter Motion requesting postponement of hearing (filed 12/18/07)
• Letter Motion dated December 12, 2007 requesting permission to file an amicus curiae brief (filed 12/18/07)
• Letter Motion dated December 13, 2007 requesting permission to file an amicus curiae brief (filed 12/18/07)
• RESPONSE to Motion re MOTION for Preliminary Injunction to Join County Boards of Election as Party Defendants (filed 12/19/07)
• Letter Motion dated December 18, 2007 from Board of Elections Commissioners (filed 12/19/07)
• Letter Motion dated December 19, 2007 by National Multiple Sclerosis Society, et al. (filed 12/19/07)
• Minute Entry for proceedings held before Judge Sharpe: Motion Hearing held on 12/20/2007 (filed 12/20/07)
• RECORD of Proceedings: Oral Argument held on December 20, 2007 before Judge Sharpe (filed 12/21/07)
• Notice of Appeal (filed 12/27/07)
• STATUS REPORT for HAVA Compliance Plan (filed 1/4/08)
  • SBOE Plan
  • Ex C Plan B
  • Ex E Plan A
• STATUS REPORT filing a Revised Plan A Time Line (filed 1/11/08)
  • Summary of Revised Plan A Time Line
  • Revised Plan A Time Line
• LETTER BRIEF Responding to Revised Remedial Plans of Defendants (filed 1/11/08)
  • Proposed Supplemental Remedial Order
• LETTER BRIEF Responding to the United States Proposed Order (filed 1/15/08)
  • State Board response to United States Proposed Order
• RESPONSE TO LETTER BRIEF (filed 1/15/08)
  • Proposed Supplemental Remedial Order
  • Proposed Supplemental Remedial Order (redlined)
  • Corrected Letter Brief
• SUPPLEMENTAL REMEDIAL ORDER (entered 1/16/08)
• STATUS REPORT for week of 1/14/08 to 1/18/08 (filed 1/18/08)
• STATUS REPORT by New York State Board of Elections (filed 1/25/08)
  • Report
• STATUS REPORT by New York State Board of Elections (filed 2/1/08)
• STATUS REPORT by New York State Board of Elections (filed 2/8/08)
• MOTION to Intervene by order to show cause by Avante International Technology (filed 2/8/08)
  • Affirmation
  • Memorandum of Law
• RESPONSE in Opposition re MOTION to Intervene (filed 2/11/08)
• Letter Motion from Brian F. Heffernan for United States of America requesting Remedial Action with Regard to Ballot Marking Device Choice (filed 2/20/08)
• ORDER, In accordance with the Supplemental Remedial Order of January 16, 2008, the State Board of Elections shall select for the Erie County Board of Elections, the ES&S AutoMark as its ballot marking device (entered 2/26/08)
• STATUS REPORT and cover letter (filed 2/29/08)
  • Report
• STATUS REPORT by New York State Board of Elections (filed 3/7/08)
• STATUS REPORT 3-14-2008 by New York State Board of Elections (filed 3/14/08)
• STATUS REPORT (filed 3/21/08)
• STATUS REPORT (filed 3/28/08)
• STATUS REPORT (filed 4/4/08)
• STATUS REPORT (filed 4/11/08)
• STATUS REPORT (filed 4/18/08)
• STATUS REPORT (filed 4/25/08)
• STATUS REPORT (filed 5/2/08)
• STATUS REPORT (filed 5/9/08)
• STATUS REPORT (filed 5/16/08)
• STATUS REPORT by New York State Board of Elections (filed 5/23/08)
• STATUS REPORT by New York State Board of Elections (filed 5/30/08)
• STATUS REPORT by New York State Board of Elections. (filed 6/6/08)
• MANDATE of USCA, issued 6/6/08, as to Appeals filed by Nassau County Board of Elections; AFFIRMING orders of the district court. (filed 6/9/08)
• STATUS REPORT by New York State Board of Elections (filed 6/13/08)
• STATUS REPORT Amended by New York State Board of Elections (filed 6/13/08)
• STATUS REPORT by New York State Board of Elections (filed 6/20/08)
• LETTER BRIEF by Nassau County Board of Elections (filed 6/27/08)
  • Exhibit
• STATUS REPORT by New York State Board of Elections (filed 6/27/08)
• Letter from Charlotte P. Koniuto, Commissioners of Elections, for the Otsego County Board of Elections (filed 6/27/08)
• LETTER BRIEF by Nassau County Board of Elections (filed 7/1/08)
• STATUS REPORT by New York State Board of Elections (filed 7/7/08)
• STATUS REPORT by New York State Board of Elections (filed 7/11/08)
• STATUS REPORT July 18, 2008 by New York State Board of Elections (filed 7/18/08)
• Letter dated July 14, 2008 from Dave A. Byrd, President, for Premier Election Solutions (filed 7/21/08)
• STATUS REPORT by New York State Board of Elections (filed 7/25/08)
• STATUS REPORT by New York State Board of Elections (filed 8/1/08)
• STATUS REPORT by New York State Board of Elections (filed 8/8/08)
• STATUS REPORT by New York State Board of Elections (filed 8/11/08)
• STATUS REPORT by New York State Board of Elections (filed 8/14/08)
• STATUS REPORT by New York State Board of Elections (filed 8/22/08)
• STATUS REPORT August 29, 2008 by New York State Board of Elections (filed 8/29/08)
• STATUS REPORT September 5, 2008 by New York State Board of Elections (filed 9/5/08)
• STATUS REPORT September 12, 2008 (filed 9/12/08)
• STATUS REPORT September 19 (filed 9/19/08)
• STATUS REPORT September 26, 2008 by New York State Board of Elections (filed 9/26/08)
• STATUS REPORT 10-3-08 by New York State Board of Elections (filed 10/3/08)
• STATUS REPORT 10-10-08 by New York State Board of Elections (filed 10/10/08)
• STATUS REPORT October 17, 2008 by New York State Board of Elections (filed 10/17/08)
• STATUS REPORT 10/24/08 by New York State Board of Elections (filed 10/24/08)

Related News Articles

• State board makes voting machine decision, Newsday (AP), 1/24/08
• N.Y. sets timetable on ballot machines, Lower Hudson Online (1/5/08)
• N.Y. ordered to comply on election law, Press & Sun Bulletin (Binghampton, NY), Dec. 21, 2007
• Federal judge could decide fate of NY voting system, Newsday, Dec. 19, 2007