UNITED STATES OF AMERICA,
Plaintiff,
v.
The STATE OF NEW YORK; GEORGE
E. PATAKI, Governor of the State
of New York; the NEW YORK STATE
BOARD OF ELECTIONS; PETER S.
KOSINSKI, Deputy Executive Director
of the New York State Board of
Elections; the UNIVERSITY OF THE
STATE OF NEW YORK; the NEW YORK
STATE EDUCATION DEPARTMENT;
RICHARD P. MILLS, President of the
University of the State of New
York and Commissioner of the
New York State Education
Department; the STATE UNIVERSITY
OF NEW YORK; ROBERT L. KING,
Chancellor of the State University
of New York; the CITY UNIVERSITY
OF NEW YORK; and MATTHEW
GOLDSTEIN, Chancellor of the City
University of New York,
Defendants.
____________________________________________
COMPLAINT
Plaintiff, the United States of America, alleges:
1. The Attorney General of the United States brings this
action on behalf of the United States of America pursuant to the
National Voter Registration Act of 1993 ("NVRA"), 42 U.S.C.
1973gg to 1973gg-10, and pursuant to 28 U.S.C. 2201.
2. This Court has jurisdiction of this action pursuant to
28 U.S.C. 1331, 1345 and 2201, and 42 U.S.C. 1973gg-9.
3. Venue is proper in this district pursuant to 28 U.S.C.
1391.
4. Defendant State of New York is a state of the United
States of America and is subject to the requirements of the NVRA.
5. Defendant George E. Pataki is the Governor of the State
of New York and is sued in his official capacity. As Governor,
defendant Pataki is the chief executive officer of the State.
6. Defendant Peter S. Kosinski is the Deputy Executive
Director of the New York State Board of Elections ("SBOE") and is
sued in his official capacity. Defendant Kosinski has been
designated by the Governor of the State of New York as the chief
State election official responsible for coordination of State
responsibilities under the NVRA.
7. The SBOE is a subdivision of the Executive Department
of the State of New York and is responsible for, among other
things, officially designating each state agency or office
participating in the State's NVRA program.
8. Defendant Richard P. Mills is President of the
University of the State of New York and Commissioner of the
New York State Education Department and is sued in his official
capacities.
9. The University of the State of New York is a
corporation established under the laws of the State of New York
and is responsible for enforcing the laws and policies of the
State relating to education and the duties conferred upon or
charged to it and the New York State Department of Education.
10. The New York State Department of Education is the
governmental department charged by the laws of the State of
New York with the general management and supervision of, among
other things, all of the educational work of the State, including
the operations of the University of the State of New York.
11. Defendant Robert L. King is Chancellor of the State
University of New York ("SUNY") and is sued in his official
capacity.
12. SUNY is a corporation within the University of the
State of New York consisting of, among others, the four
university centers at Albany, Binghamton, Buffalo and Stony
Brook; the designated Colleges of Arts and Sciences at Brockport,
Buffalo, Cortland, Fredonia, Geneseo, New Paltz, Old Westbury,
Oneonta, Oswego, Plattsburgh, Potsdam and Purchase; Empire State
College; Downstate Medical Center; Upstate Medical Center; the
College of Optometry; the College of Environmental Science and
Forestry; Maritime College; and the College of Technology at
Utica/Rome.
13. Defendant Matthew Goldstein is Chancellor of the City
University of New York ("CUNY") and is sued in his official
capacity.
14. CUNY is a corporation within the University of the
State of New York consisting of, among others, Baruch College,
Brooklyn College, City College, Hunter College, John Jay College
of Criminal Justice, Lehman College, Medgar Evers College, New
York City College of Technology, Queens College, College of
Staten Island, York College, Borough of Manhattan Community
College, Bronx Community College, Hostos Community College,
Kingsborough Community College, LaGuardia Community College,
Queensborough Community College, City University Medical School,
City University School of Law at Queens College, and The Graduate
Center.
15. The State of New York was required to implement the
NVRA beginning January 1, 1995.
16. Section 7 of the NVRA, 42 U.S.C. 1973gg-5, requires the
State of New York to designate as voter registration agencies all
offices "that provide State-funded programs primarily engaged in
providing services to persons with disabilities" so that such
disabled persons may be offered the opportunity to register to
vote with each application for service, and with each
recertification, renewal or change of address form relating to
such service.
17. Defendants SUNY and CUNY, through disability services
offices ("DSOs") at the colleges and universities under their
aegis, provide State-funded programs primarily engaged in
providing services to persons with disabilities within the
meaning of Section 7(a)(2)(B) of the NVRA, 42 U.S.C. 1973gg-5(a)(2)(B).
18. The State of New York designated the Department of
Labor, Office for the Aging, Division of Veterans' Affairs,
Office of Mental Health, Office of Vocational and Educational
Services for Individuals with Disabilities (Department of
Education), the Commission on Quality of Care for the Mentally
Disabled, Office of Mental Retardation and Developmental
Disabilities, Commission for the Blind and Visually Handicapped,
Office of Alcoholism and Substance Abuse Services, and the Office
of the Advocate for the Disabled as agencies subject to Section 7
of the NVRA, 42 U.S.C. 1973gg-5.
19. The State of New York has failed to designate the DSOs
at SUNY and CUNY institutions, including community colleges, as
mandatory voter registration agencies under Section 7 of the
NVRA, 42 U.S.C. 1973gg-5.
CAUSE OF ACTION
20. As part of its obligation to begin implementation of
the NVRA on January 1, 1995, the State of New York was required
by Section 7(a)(2)(B) of the NVRA, 42 U.S.C. 1973gg-5(a)(2)(B),
to designate "all offices in the State that provide State-funded
programs primarily engaged in providing services to persons with
disabilities" as voter registration agencies.
21. Employees and agents of those State offices designated
by Section 7(a)(2)(B) of the NVRA, 42 U.S.C. 1973gg-5(a)(2)(B),
as voter registration agencies must, among other things,
distribute voter registration forms along with each application
for the office's services, including recertifications, renewals,
and changes of address relating to such services; provide to each
applicant who does not decline to register to vote the same
degree of assistance in the completion of the registration
application form as the office provides for the completion of its
own forms, unless the applicant refuses such assistance; and
transmit the completed voter registration forms to the
appropriate election official, in accordance with procedures set
forth in Sections 7(a)(4), 7(a)(5), 7(a)(6), and 7(d) of the
NVRA, 42 U.S.C. 1973gg-5(a)(4),(5) & (6), and 1973gg-5(d).
22. DSOs at SUNY and CUNY institutions are State offices
providing State-funded programs primarily engaged in providing
services to persons with disabilities, within the meaning of
Section 7(a)(2)(B), 42 U.S.C. 1973gg-5(a)(2)(B).
23. Defendants and, where applicable, their employees and
agents, have failed to designate the various DSOs at the colleges
and universities comprising SUNY and CUNY as voter registration
agencies under Section 7(a)(2)(B) of the NVRA, 42 U.S.C. 1973gg-5(a)(2)(B), and have not
provided the opportunity to register to
vote specified by Section 7 of the NVRA, 42 U.S.C. 1973gg-5.
24. Defendants' failure to designate as voter registration
agencies the DSOs at the colleges and universities comprising
SUNY and CUNY constitutes a violation of Section 7(a)(2)(B) of
the NVRA, 42 U.S.C. 1973gg-5(a)(2)(B).
25. Defendants' failure to provide persons who apply for
services at DSOs the opportunity to register to vote in the
manner specified by Section 7 of the NVRA constitutes a violation
of Section 7 of the NVRA, 42 U.S.C. 1973gg-5.
26. Unless and until ordered to do so by this Court,
Defendants will not provide eligible persons who apply for
services at DSOs the opportunity to register to vote as required
by Section 7 of the NVRA, 42 U.S.C. 1973gg-5.
27. The Attorney General is authorized under 42 U.S.C.
1973gg-9 to seek declaratory and injunctive relief.
WHEREFORE, the United States prays that the Court enter an
ORDER that:
1. Declares that the Defendants have failed to implement
the requirements of Section 7 of the NVRA, 42 U.S.C. 1973gg-5;
2. Enjoins the Defendants, their agents and successors in
office, and all persons acting in concert with any of them, from
failing to comply with the requirements of Section 7 of the NVRA,
42 U.S.C. 1973gg-5; and
3. Orders the Defendants, their agents and successors in
office, and all persons acting in concert with any of them to:
a. Designate the various DSOs at the colleges and
universities comprising SUNY and CUNY, including community
colleges, as mandatory voter registration agencies under
Section 7(a)(2)(B) of the NVRA, 42 U.S.C. 1973gg-5(a)(2)(B);
b. Take all steps necessary, including the adoption
of appropriate administrative policies or rules, to offer persons
who apply for services at DSOs the opportunity to apply to
register to vote as required by Section 7 of the NVRA, 42 U.S.C.
1973gg-5;
c. Publicize effectively the remedial plans and
programs addressing these NVRA violations to ensure widespread
dissemination to State of New York residents, among others,
especially those disabled persons who, at the time of the Court's
order, have applied for admission to, or are currently enrolled
in, any SUNY or CUNY institution, including each community
college;
d. Provide the Court within 45 days from the date of
the Court's order (1) a plan or program designed to ensure that
persons who apply for services at DSOs are offered the
opportunity to register to vote as required by Section 7 of the
NVRA, 42 U.S.C. 1973gg-5, and (2) a plan for the effective
publicizing of the State's remedial plan or program;
e. Seek the preclearance of the State's remedial and
publicity plans as required by Section 5 of the Voting Rights
Act, 42 U.S.C. 1973c; and
f. Take all steps reasonably necessary to ensure
ongoing compliance by designated DSOs with the requirements of
Section 7 of the NVRA, 42 U.S.C. 1973gg-5.
The United States further prays for such additional relief
as the interests of justice may require.
JOHN ASHCROFT
Attorney General
__/s/ R. Alexander Acosta____
R. ALEXANDER ACOSTA
Assistant Attorney General
Civil Rights Division
GLENN T. SUDDABY
United States Attorney
Northern District of New York
By:
__/s/ Paula Ryan Conan____
Paula Ryan Conan
Assistant United States Attorney
___/s/ Joseph D. Rich_____
JOSEPH D. RICH
Chief, Voting Section
___/s/ Richard Dellheim____
REBECCA J. WERTZ
RICHARD DELLHEIM
Attorneys, Voting Section
Civil Rights Division
Department of Justice
Room 7254 - NWB
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
(202) 305-1734
