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GUSCIORA v. CHRISTIE

No. A-5608-10T3.

ASSEMBLYMAN REED GUSCIORA, STEPHANIE HARRIS, COALITION FOR PEACE ACTION, and NEW JERSEY PEACE ACTION, Plaintiffs-Appellants, v. CHRISTOPHER J. CHRISTIE, GOVERNOR OF THE STATE OF NEW JERSEY, (in his official capacity) and KIMBERLY GUADAGNO, SECRETARY OF STATE OF THE STATE OF NEW JERSEY, (in her official capacity), Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided September 16, 2013.

Attorney(s) appearing for the Case

Penny M. Venetis and John McGahren argued the cause for appellants (Rutgers Constitutional Litigation Clinic and Patton Boggs, LLP, attorneys; Ms. Venetis, Mr. McGahren, Caroline F. Bartlett and Robert P. Arter , on the briefs).

Donna Kelly , Assistant Attorney General, argued the cause for respondents ( Jeffrey S. Chiesa , Attorney General, attorney; Lewis A. Scheindlin , Assistant Attorney General, of counsel; Ms. Kelly, on the brief).

Barry, Corrado & Grassi, PC, attorneys for amici curiae Verified Voting Foundation, Electronic Frontier Foundation, Common Cause and Voter Action ( Frank L. Corrado , on the brief).

Pashman Stein , attorneys for amici curiae Certain Computer Science Professionals (Sean Mack and Dimitrios Kandylas (Sullivan & Cromwell), on the brief).

Pashman Stein , attorneys for amici curiae Certain Election Officials ( Sean Mack , on the brief).

Before Judges Messano, Lihotz and Ostrer.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

PER CURIAM.

In October 2004, Assemblyman Reed Gusciora, Stephanie Harris, a registered voter in Mercer County, the Coalition For Peace Action and the New Jersey Peace Action (collectively, plaintiffs), filed a complaint alleging that the State's use of direct recording electronic voting machines (DREs) violated two provisions of the New Jersey Constitution — Article II, section I,...

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