Voting Discrimination Complaint Process

New York State has demonstrated an inability to reach consensus on how to meet the disabled access provisions in the Help America Vote Act (HAVA). New Yorkers with disabilities have waited for more than 200 years to vote privately and independently.

New Yorkers with disabilities saw HAVA implementation as a sure way to finally achieve full access to the voting process. Advocates made a concerted effort to be a part of the solution. They provided recommendations at public hearings, submitted written testimony, developed position papers, and conducted legal research. They also tested voting machines, offered free training and technical assistance. Unfortunately, this effort was met with indifference. The Joint Legislative HAVA Conference Committee and legislative session ended without any agreement on voting access issues.

It is now up to advocates to collect bona fide voting discrimination complaints to help leverage this process. Documented claims represent specific acts that deny voting access to individual citizens. The goal is to generate and collect as many voting discrimination complaints as possible on Primary and Election Days 2004.

Voting rights complaints will be compiled into a report. It will be presented to the NYS Legislature and Governor to compel them to take action. Attorneys will review the voting rights complaints to determine if there is any legal standing to act before 2006.

NYS Election Law must be amended to avoid inconsistent interpretation and implementation across this state. Failure to amend Election Law will only perpetuate the inconsistent interpretation and implementation of voting access for people with disabilities across New York State.

For a Voter Discrimination Complaint Form, information on the Form, instructions on how to complete the Form, where to send the completed Form, etc., contact WILC’s Systems Advocate Lisa Tarricone at 914-682-3926 (Voice), 914-682-0926 (TTY).