TOBIAS v. SECRETARY OF THE COMMONWEALTH


419 Mass. 665 (1995)

CAROL R. TOBIAS & others vs. SECRETARY OF THE COMMONWEALTH & another.

Supreme Judicial Court of Massachusetts, Suffolk.

March 9, 1995.


Attorney(s) appearing for the Case

Ruth A. Bourquin & Burton A. Nadler for the plaintiffs.

Peter Sacks, Assistant Attorney General (Michael Joseph Connolly with him) for the defendants.

The following submitted briefs for amici curiae:

Thomas R. Kiley & Carl Valvo for Kathleen L. Kiley & others.

George Dargo, pro se.

Philip S. Lapatin & Ieuan G. Mahony for Denise A. Jillson & others.

David A. Nicholas, Joshua R. Kratka & Charles C. Caldart for Massachusetts Student Public Interest Research Group & another.

Sheila A. Murphy, pro se.

Present: LIACOS, C.J., WILKINS, LYNCH, O'CONNOR, & GREANEY, JJ.


WILKINS, J.

We consider a question that a single justice of this court reported concerning the constitutionality of the system that the Secretary of the Commonwealth developed for use in the 1994 State election for the presentation to voters of the Attorney General's summaries of ballot questions.3 The plaintiffs, each a registered voter, contend that the Secretary's system applicable to voting machines and electronic voting systems failed...

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