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 Fall 2005 Volume 9, Issue 1 

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New Yorkers with Disabilities Want a Seat at the Table

By Susan Cohen

On October 19, 2005, the New York State Independent Living Council, Inc. (NYSILC) filed an Article 78 action with State Supreme Court demanding that the New York State Board of Elections (NYSBOE) comply with section 1A of the Election Reform and Modernization Act of 2005 under NYS Election Law. This law mandates the inclusion of four members of disability rights organizations on the Citizen’s Election Modernization Advisory Committee, including a specific appointment of a NYSILC representative.

NYSILC attempted to contact BOE in numerous ways and occasions since mid-August regarding the NYSILC appointment before the necessity to file an Article 78,” said Brad Williams, executive director of NYSILC.

As a result of this action, Acting State Supreme Court Judge Thomas McNamara signed an “Order to Show Cause” that enjoined the NYSBOE from taking any official action with the Citizen’s Election Modernization Advisory Committee until NYSILC’s appointment was addressed per state statute. A follow up hearing was subsequently scheduled for November 18th if the issue is not resolved beforehand.

The action directly impacted the first meeting of the Citizen’s Election Modernization Advisory Committee on October 20th. Frank Pennisi, NYSILC’s desired appointee, was allowed to sit at the table for the meeting, although he was not given voting privileges until an appointment is finalized. NYSBOE made an introductory statement at the start of the meeting to inform members that they could not conduct official business, including voting or setting a date for the next meeting, until the scheduled hearing on November 18th. However, NYSBOE did state an intention to settle the matter out of court. UPDATES TO FOLLOW…

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What’s Inside?

  • New Yorkers with Disabilities Want a Seat at the Table (Pg1).
  • NCIL Principles on Housing Policy in Light of Hurricanes Katrina and Rita (Pg 2) FROM THE IL Net…(Pg 3.).
  • BEST PRACTICE: Auburn Passes Local Visitability Ordinance (Pg3).
  • “Advocacy Matters”-SSAN Best Practice Workshop a Big Success (Pg 4.).

   

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