Sorry if this is old news, I never heard about it.
Guess which two states had HAVA lawsuits filed in them? And were dismissed in October 2004?
http://www.usdoj.gov/crt/voting/hava/fl_brief.pdfFLORIDA DEMOCRATIC PARTY
v.
GLENDA HOOD, in her official capacity
as Florida Secretary of State; and
DAWN ROBERTS, in her official capacity
as Director of the Division of Elections
ARGUMENT
*NEITHER HAVA IN GENERAL NOR THE PROVISIONAL BALLOT PROVISION IN
PARTICULAR MAY BE ENFORCED THROUGH PRIVATE LITIGATION
*HAVA Does Not Confer Individual Rights
*HAVA Contains No Rights-Creating Language
*HAVA's Comprehensive Remedial Scheme Also
*Supports The Conclusion That HAVA Does Not
Confer Individual Rights
*Even If HAVA Confers An Individual Right, Congress Foreclosed Use
Section 1983 As A Remedy. . . . . .
*HAVA DOES NOT PREEMPT PRECINCT-BASED ELECTION SYSTEMS
Conclusion: HAVA’s text unmistakably speaks not to the rights of individual voters, but rather to the state and local election officials responsible for administering federal elections. Nowhere does it contain a “clear and unambiguous” statement to the contrary. That, coupled with HAVA’s remedial scheme, which includes both individual and governmental enforcement mechanisms, demonstrates Congress’s intent to preclude resort to Section 1983 as a means to carry out its provisions. In any event, plaintiff fails to show any conflict between HAVA and Florida state law. This Court should dismiss any HAVA claims in this lawsuit.
Exact same case against Blackwell in Ohio:
http://www.usdoj.gov/crt/voting/hava/oh_brief.pdf