U.S. Justice Department Sues New York for Failing to Improve Its Voting System
On March 1, the United States Department of Justice sued New York State for failing to upgrade its voting system as required by the Help America Vote Act of 2002 (HAVA). New York is the first state the federal government has sued for violating the law. HAVA was enacted to address the severe problems that came to light during the 2000 election debacle.
Under HAVA, states are being provided federal monies to update their voting process. This includes purchasing new accessible voting machines and removing the systemic and physical barriers that have denied people with disabilities their constitutional right to vote. New York State has received approximately $221 million from the federal government to assist in HAVA implementation and has had nearly three years to comply. Yet the Justice Department contends New York has not even come close to complying with the law.
The lawsuit alleges New York has failed to comply with two of HAVA’s requirements:
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• states must have voting systems that are accessible to people with disabilities and are capable of generating a permanent paper record verifying your vote, and
• states must create a statewide computerized voter registration database.
According to the lawsuit, New York could lose up to $49 million it has received for new voting machines. The State is now scrambling to devise a plan to accommodate voters with disabilities in the Fall 2006 elections.
New Mexico Governor Signs “Money Follows the Person” Act
New Mexico Governor Bill Richardson recently signed the “Money Follows the Person” Act, which gives Medicaid-eligible people with disabilities and older persons in nursing homes the choice to live in the community. Richardson said that a last-minute frenzy of lobbying greatly influenced his decision to sign the bill.
Data collected by the Centers for Medicare and Medical Services (CMS) data show that in New Mexico, nearly 1,300 people residing in nursing homes would rather live in the community.
