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Reply #11: The VRA applies to Kings, New York and Bronx counties in NY. [View All]

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Bill Bored Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-16-10 04:26 PM
Response to Reply #10
11. The VRA applies to Kings, New York and Bronx counties in NY.
The lawsuit is filed in the Eastern District of NY, which includes Kings County (Brooklyn).

The SBOE will claim they have obtained preclearance using the state election law and regulations -- which the scanners violate. They will attempt to conceal the latter and claim they got preclearance and that's that. They may also claim that HAVA allows voter education to inform voters of the effect of casting overvotes, which is true and the SBOE is using it.

So, does HAVA violate the VRA? That would be an interesting ruling! :popcorn:

I'm not familiar with Section 2, but I'd think that if the new system was precleared under Section 5, unless someone claims this was inappropriate because the scanners violate the conditions under which the preclearance was issued, the plaintiffs may have a tough time.

The SBOE can do what the plaintiffs want by changing the ballot programming. But they are concerned about longer lines, increased ballot printing costs, etc. And it's embarrassing that they didn't catch the cryptic error message which does violate state law. So much for the toughest certification process in the nation!
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  -Brennan Center Drops The Ball On WNYC Radio As Host Suggests Keeping Levers Would Prevent Overvoting Bill Bored  Jul-15-10 01:14 AM   #0 
  - As much as they got right I cringed at their seeming unfamiliarity with the technology.  Wilms   Jul-15-10 01:39 AM   #1 
  - The configuration change would not take long.  Bill Bored   Jul-15-10 01:48 AM   #2 
     - How long to recert? n/t  Wilms   Jul-15-10 02:26 AM   #3 
        - Long time. But that's only if we assume compliance with the election law.  Bill Bored   Jul-15-10 12:45 PM   #5 
           - plus $ to recertify. about $100K for small fixes, $1 M for whole system change  WillYourVoteBCounted   Jul-15-10 08:30 PM   #8 
           - MONEY IS NO OBJECT when it comes to replacing lever machines! nt  Bill Bored   Jul-17-10 12:55 AM   #12 
           - yeah, it's a Voting Rights Act lawsuit  OnTheOtherHand   Jul-16-10 07:23 AM   #10 
              - The VRA applies to Kings, New York and Bronx counties in NY.  Bill Bored   Jul-16-10 04:26 PM   #11 
                 - the VRA applies to the entire country, but not viz preclearance  OnTheOtherHand   Jul-17-10 08:01 AM   #13 
                    - The Brennan Center brought up "preclearence" in their complaint to the DOJ.  Bill Bored   Jul-18-10 12:39 AM   #14 
                       - the _memo_ to the DoJ isn't relevant  OnTheOtherHand   Jul-18-10 09:20 AM   #15 
                          - No law or regulation says overvoted ballots should be retained.  Bill Bored   Jul-18-10 05:41 PM   #16 
                             - seems like a non sequitur to me  OnTheOtherHand   Jul-18-10 07:35 PM   #17 
                                - In case you haven't noticed, we've been bombarded with all kinds of (false) assurances...  Bill Bored   Jul-18-10 08:07 PM   #18 
                                   - That's a bit more clear than your previous post.  Wilms   Jul-19-10 04:11 AM   #19 
                                      - Yes, everyone looked it over, and they were warned after the problem was found in FL in 2008.  Bill Bored   Jul-19-10 08:44 PM   #20 
  - WTF is the Brennan Center and who elected them?  aquart   Jul-15-10 04:25 AM   #4 
     - Excellent question! Here are some answers:  Bill Bored   Jul-15-10 01:06 PM   #6 
        - Thank you. They and I seem to have irreconciliable differences.  aquart   Jul-15-10 02:34 PM   #7 
           - On the other hand, they sued to improve the undervote rate on NYC levers a few years ago and...  Bill Bored   Jul-16-10 12:36 AM   #9 

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