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Absentee Ballot Exclusion of Voters With Print Disabilities Was Sued now Briefs on Contempt

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

SDNY COURTHOUSE, July 21 – The American Council of the Blind sued for ADA-compliant access to the absentee voting program for voters with print disabilities.

Back in August 2020 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 possible 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." Watch this site.

Jump cut to July 1, 2022, when Judge Liman held another conference which Inner City Press again covered, with the primaries and general elections coming up. Judge Liman ordered: "Plaintiffs shall file any motion to enforce the Settlement Agreement by July 8, 2022. Defendants shall file any response by July 15, 2022. The Court will hold an evidentiary hearing on the matter on July 21, 2022 at 3:00 p.m. in Courtroom 15C of the 500 Pearl Street Courthouse. The parties are further directed to, by July 8, 2022, meet and confer to determine whether the process of obtaining Office of General Services approval can be expedited."

On July 12 the plaintiffs' filed a motion for enforcement - and for contempt - stating that "Defendants have failed to... implement a Remote Access Vote By Mail system in time for the June Primary Election and now say they will be unable to do so in time for the August Primary Election. Defendants are unable to demonstrate the compliance was impossible or impracticable for either election."

On July 21, Judge Liman ordered, "ORDER: The Court held an evidentiary hearing today on Plaintiff's motion for enforcement of the settlement agreement and/or contempt. At the conclusion of the hearing, the Court ruled that Defendants had breached the settlement agreement. The Court reserved decision on the questions of (1) the proper remedy for breach of the settlement agreement; and (2) whether Defendant should be held in contempt and if so what contempt sanctions the Court should impose. As stated at the hearing, it is hereby ORDERED that the parties shall submit briefing on these questions in accordance with the following schedule: Plaintiffs' opening brief shall be submitted on or before August 18, 2022; Defendants' opposition shall be submitted on or before September 1, 2022; and Plaintiffs' reply brief shall be submitted on or before September 9, 2022. It is further ORDERED that each Friday, beginning on July 29, 2022 and continuing until an RAVBM system is implemented statewide, counsel for Defendants shall submit a report updating the Court on the progress that has been make on implementing such a system. In preparing these reports, counsel for Defendants shall inquire as to the progress of this process from both the New York State Office of General Services as well as the New York State Board of Elections.(Signed by Judge Lewis J. Liman on 7/21/2022)."

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

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