United States of America v. State of New York et al
| United States of America |
| State of New York and The New York State Board of Elections |
| 1:2010cv01214 |
| October 12, 2010 |
| US District Court for the Northern District of New York |
| Albany Office |
| Albany |
| Gary L. Sharpe |
| Randolph F. Treece |
| Voting |
| 42 U.S.C. ยง 1981 |
| None |
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Filing
105
SUMMARY ORDER - ORDERED that de Gaudemar intervenors' motion to intervene (Dkt. No. 97) is GRANTED. ORDERED that Harkenrider intervenors' motion to intervene (Dkt. No. 101) is GRANTED. ORDERED that the Board of Ele ctions' letter motion (Dkt. No. 92) is GRANTED; ORDERED that New York's federal primary for Members of the United States House of Representatives in 2022 shall be held on August 23, 2022 to accommodate New York's congressi onal redistricting process, and that such primary shall be conducted in a manner in which ballots for UOCAVA voters shall be duly transmitted for such primary and the subsequent general election in conformance with federal law. Signed by Senior Judge Gary L. Sharpe on 5/10/2022. (jel, )
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Filing
64
MEMORANDUM-DECISION and ORDER - That the court adopts the Aquila-Kellner calendar (Dkt. No. 61 at 10-16). That the parties shall file a status report on or before March 9, 2012, and every thirty (30) days thereafter, which, among other things, informs the court of New York's progress in complying with the court's orders. Signed by Chief Judge Gary L. Sharpe on 2/9/2012. (jel, )
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Filing
59
MEMORANDUM-DECISION and ORDER - that the United States motion for permanent and supplemental relief (Dkt. No. 16) is GRANTED; and it is furtherORDERED that: (1)Notwithstanding any current state law or administrative procedure to the contrary, New York shall conduct its 2012 non-presidential federal primary election on a date no later than 35 days prior to the 45-day advance deadline set by the MOVE Act for transmitting ballots to the States military and overseas voters, i.e., at least 80 days before the November 6, 2012 federal general election. In 2012, that date shall be June 26, 2012. (2)In subsequent even-numbered years, New York's non-presidential federal primary date shall be the fourth Tuesday of June, unless and until New York enacts legislation resetting the non-presidential federal primary election for a date that complies fully with all UOCAVA requirements, and is approved by this court. (3)For the purposes of determining the date and time for performing any act prescribed by any law and/or administrative procedure applicable to New York's non-presidential federal primary, such non-presidential federal primary election date shall be deemed to be held on the dates provided in paragraphs (1) and (2) abov e. (4)The New York State Board of Elections ("NYSBOE") all, within five (5) days of this Order, provide the court with a proposed non-presidential federal primary election calendar for all statutory and administrative election-related dea dlines based upon the non-presidential federal primary election date set by the court. The United States shall have five (5) days to respond. Once approved by the court, the NYSBOE shall have ten (10) days to take all steps necessary to adopt and p romulgate this non-presidential federal primary calendar. (5) Having promulgated an approved non-presidential federal primary election calendar, the NYSBOE shall take all steps necessary to ensure that such non-presidential federal primary election calendar is implemented by and complied with by local boards of election. To this end, and to ensure future UOCAVA compliance, the parties shall confer as to an appropriate schedule for defendants to provide pre-election reporting to the United Sta tes with respect to the States UOCAVA compliance. (6)Within fourteen (14) days of this Order, the parties, having conferred, shall provide the court with a list of those county boards of elections, if any, to be re-surveyed concerning UOCAVA ballot s from the 2010 federal general election, along with an explanation of any differences between the parties' proposals. (7)If necessary and appropriate, the court will determine the list of counties to be re-surveyed. Within seven (7) days of that determination, the NYSBOE shall transmit the attached questionnaire concerning ballots transmitted to voters in the 2010 federal general election pursuant to UOCAVA to each county board of elections on that list with instructions for the chief o fficial or officials of each county board to certify the accuracy of the boards responses to the questionnaire. (8)Defendants shall instruct each affected county board of elections that each completed questionnaire must be returned to the NYSBOE with in thirty (30) days of its receipt. After consulting with counsel for the United States, the NYSBOE shall file all completed questionnaires with this court within sixty (60) days of this Order, along with an accurate summary of the survey results, a nd, if necessary, an explanation as to why the survey results are incomplete. The United States may respond to this filing within ten (10) days. This court retains jurisdiction to take all appropriate steps to ensure the completeness and accuracy o f the information provided by defendants and the county boards of elections. (9)After the actions in paragraphs (7) and (8) above are complete, defendants shall ensure that local election officials in New York State take such steps as are necessary t o count as validly-cast ballots in the November 2, 2010 federal general election all those ballots cast for federal offices, including Federal Write-in Absentee Ballots, requested up to and including October 10, 2010 and transmitted to overseas and m ilitary voters after that date but received by such election officials after November 24, 2010, so long as such ballots are executed and postmarked, or show a dated endorsement of receipt by another agency of the United States government (or in the c ase of military voters, are signed and dated by the military voter and one witness thereto) by November 1, 2010 and are otherwise valid under New York law. (10)Within twenty (20) days of the completion of the actions required by paragraphs (7)-(9) a bove, defendants shall, after consulting with the United States, present a plan to the court detailing the procedures it will employ to count such ballots and certify the votes for federal offices. Defendants shall conclude ballot counting and recer tification of all affected ballots within thirty (30) days after the court approves the ballot counting and recertification plan. (11)Defendants shall take all reasonable steps to notify all affected voters of the terms of this Order and that their votes were counted in the 2010 federal general election. (12)Defendants shall file a report with this court, in a format to be agreed upon by the parties, no later than five (5) days following the completion of any recertification process, detailing the number of UOCAVA absentee ballots, by county, that meet the conditions of this Order and that have been counted for the November 2, 2010 federal general election. The report will set forth the following information, by county, categorized by ab sent uniformed services voters with APO/FPO addresses or non-US street addresses; uniformed services voters at a street address within the US; and overseas civilian voters: a.The number of absentee ballots requested by UOCAVA voters between October 1 , 2010 and October 10, 2010;b.The number of absentee ballots requested by UOCAVA voters between October 1, 2010 and October 10, 2010 but sent to such voters after October 10, 2010; c.The number of absentee ballots identified in subparagraph (b) that were received from UOCAVA voters later than the close of business on November 24, 2010 and rejected solely for that reason; andd.The number of absentee ballots that, pursuant to this Order, have been counted and included in recertified election totals. (13)This court shall retain jurisdiction to ensure additional relief as appropriate. Signed by Chief Judge Gary L. Sharpe on 1/27/2012. (jel, )
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