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Absentee Ballot Exclusion of Voters With Print Disabilities Sued in SDNY No PI But Aug 17 Filing

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - The Source

SDNY COURTHOUSE, Aug 16 – In more electoral irregularity news, the American Council of the Blind sued for ADA-compliant access to the absentee voting program for voters with print disabilities.

On August 13 U.S. District Court for the Southern District of New York Judge Lewis J. Liman held a proceeding. Inner City Press covered it.  

 In a lengthy oral argument on a possible preliminary injunction, the problems of not having a printer for those with print disabilities was analyzed in detail. At the end, Judge Liman ordered the parties to meet and confer and submit a joint letter into the docket by 6 pm.  


When it came - after Inner City Press had gotten wrongfully withheld filings in another case unsealed - the parties said "Plaintiffs and Defendants met to discuss possilbe resolution for the November General Election. Unfortunately, parties are unable to settle this matter absent an order from this Court. Respectfully, parties await your order."

  And, with more detail than this, the order came, denying the preliminary injuctions still envisioning a submission by 5 pm on August 17 to lead to an order: "Plaintiffs’ motion for preliminary injunction requiring the State to implement an RAVBM system statewide is DENIED. In accordance with this Opinion & Order, and to ensure that Plaintiffs are able to cast private and independent votes, and to vindicate their rights under the ADA and the Rehabilitation Act, however, the Court orders Defendants to submit a proposed injunction consistent with Defendants’ written and oral representations regarding implementation of an accessible absentee voting system for the November 3, 2020 election. Defendants shall meet and confer with Plaintiffs regarding the terms of that injunction. The parties shall submit a proposed injunction order to the Court no later than 5:00 p.m. on August 17, 2020." Watch this site.

The case is Hernandez et al v. New York State Board of Elections et al., 20-cv-4003 (Liman)

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