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DAVIS v. PARKINS

No. 89-1488.

456 N.W.2d 681 (1990)

James C. DAVIS and George E. Flagg, Appellees, v. Thomas PARKINS, Polk County Auditor, Appellant.

Supreme Court of Iowa.

June 20, 1990.

Attorney(s) appearing for the Case

James A. Smith, County Atty., and Norman G. Jesse, Asst. County Atty., for appellant.

Jeffrey G. Flagg, Des Moines, for appellees.

Thomas J. Miller, Atty. Gen., and Julie F. Pottorff, Asst. Atty. Gen., for amicus curiae, Elaine Baxter, Secretary of State, and Iowa Bd. of Examiners for Voting Machines and Electronic Voting Systems.

Lee Gaudineer of Austin, Gaudineer, Austin, Salmons & Swanson, Des Moines, for amicus curiae, Iowa State Ass'n of Counties; Linda Gifford, Election Com'r of Jasper County; James Lynch, Election Com'r of Dallas County; and Paul Choates.

Considered by HARRIS, P.J., and LARSON, SCHULTZ, SNELL, and ANDREASEN, JJ.

LARSON, Justice.

The plaintiffs, James Davis and George Flagg, filed a petition for an injunction in district court to prevent the Polk County Auditor, as election commissioner, from using electronic voting procedures under Iowa Code chapter 52 (1985), on the ground that the equipment proposed to be used did not meet the specifications for conventional voting booths prescribed by Iowa Code section 49.25(3).

The defendants filed a motion to dismiss for lack...

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