ALBANY -- The federal government filed a new court motion this week to press the state to speed up its compliance with the Help America Vote Act.
Late Monday, the U.S. Department of Justice asked U.S. District Court Judge Gary Sharpe to issue a preliminary injunction and order the state Board of Elections to file its compliance plan within 10 days of the order.
The motion was necessary because new evidence "clearly establishes that the United States will prevail on the merits of its claims," Justice Department lawyers wrote. The evidence, they said, includes admissions of noncompliance with HAVA by state officials.
Without the order, they added, voters would suffer "irreparable injury."
Lee Daghlian, a spokesman for the elections board, said the new motion was surprising, though it should not be difficult to put a plan of action together because the board was close to completing an agreement even before the suit was filed March 1.
The suit claims the state has moved more slowly than any other in complying with HAVA, setting up comprehensive voter registration lists and ensuring that disabled voters have access to the polls.
Since the State Legislature was late in meeting its share of HAVA requirements, the Board of Elections has been trying to move cautiously in designing regulations for new machines while trying to plan for ways to retrain poll workers. They have openly expressed doubt that the state will be able to replace the aging lever-action devices by September's primaries.
Voting access watchdogs worry that the federal lawsuit will force the state to rush modernizing its voting systems and lead to problems with hastily adopted regulations and new, untested machines. As New York state voters, "our interests aren't being represented" by either the Justice Department or the state, said Bo Lipari, director of New Yorkers for Verified Voting, a group that fears the state isn't doing enough to ensure that new machines will be reliable.
The coalition, which includes the League of Women Voters and a member of the Syracuse NAACP, seeks intervenor status in the lawsuit.
The group contends that without a more thorough investigation of electronic machines that may be certified by the state, there could be "voting bedlam" if the devices malfunction and if disabled voters aren't given proper access to the polls.
"It's certainly not against the implementation of HAVA," said Aimee Allaud, elections/government specialist for the League of Women Voters.
State Board of Elections spokesman Robert Brehm said his agency and federal lawyers continue to discuss an out-of-court settlement, "but they have not reached an agreement yet," he said.
Rick Karlin can be reached at 454-5758 or by e-mail at rkarlin@timesunion.com.