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KELLY v. BURLINGTON CTY. ELECTIONS BD.

207 N.J. Super. 335 (1985)

504 A.2d 153

EDWARD A. KELLY, JR., INDIVIDUALLY AND AS COUNTY CLERK OF BURLINGTON COUNTY, PLAINTIFF v. BURLINGTON COUNTY BOARD OF ELECTIONS, DEFENDANT.

Superior Court of New Jersey, Law Division Burlington County.

October 29, 1985.

Attorney(s) appearing for the Case

Michael J. Hogan for plaintiff.

John E. Harrington for intervenors Lillian Trainor and Paul Guidry (Schlesinger, Schlosser, Foy & Harrington, attorneys).

Ronald E. Bookbinder for intervenors Raymond Vranich and Lawrence Steinberg (Bookbinder, Guest & Domzalski, attorneys).

HAINES, A.J.S.C.

Since 1977, absentee ballots provided by the Burlington County Clerk have been counted by an electronic device. The device consists of a small machine which counts absentee ballots (in the form of punched cards) with great rapidity, transmitting the results to a printer. Following the 1984 general election, the Burlington County Election Board ("board") has insisted upon a manual count and tabulation of these ballots. More than 22,400

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