New York, NY —

A federal judge could determine the fate of New York's voting system today.

The Justice Department has taken the state to court because after five years, it still hasn’t complied with the "Help America Vote Act." WNYC's Jenna Flanagan has more.

New York is the only state still using pull-lever voting machines. The commissioners say they've been looking for new machines, but the state's strict requirements have made the search difficult.

The federal government required upgrades after the 2000 election. Under the voting act known as "HAVA," all states must provide voting machines that create a permanent paper record, as well access for people with disabilities.

Elections commissioners had submitted a plan that could put one accessible voting machine in each polling place by November 2008, but admit no matter what they do, the state won't be in compliance for the February 5th presidential primary.

For WNYC, I'm Jenna Flanagan.