Docket No. 04-1113-CV.

394 F.3d 90 (2005)

Matthew SHANNON, Josephine Alexander, Henry A. Fiebiger, Sandra R. Fiebiger, A. Paul Herubin, and Patrick Gubbins, Plaintiffs-Appellees, v. David JACOBOWITZ, Defendant-Appellant, Oneida County Board of Elections, Angela Pedone Longo, as Commissioner of Oneida County Board of Elections, and Patricia Ann Dispirito, as Commissioner of Oneida County Board of Elections, Defendants.

United States Court of Appeals, Second Circuit.

Decided: January 7, 2005.

Attorney(s) appearing for the Case

Tom Marcelle, Albany, NY, for Defendant-Appellant.

Carl J. Cochi, Utica, NY, for Plaintiffs-Appellees.

Eliot Spitzer, Attorney General of the State of New York (Caitlin J. Halligan, Solicitor General, Daniel Smirlock, Deputy Solicitor General, Victor Paladino, Assistant Solicitor General, of counsel), Albany, New York, for amicus curiae the Attorney General of the State of New York.

Before: WALKER, Chief Judge, B.D. PARKER and WESLEY, Circuit Judges.

WESLEY, Circuit Judge.

This case presents a constitutional claim arising from a voting machine malfunction in a local New York election. On November 4, 2003, David Jacobowitz stood for election to the office of Town Supervisor in the Town of Whitestown, Oneida County, New York. His opponent was plaintiff Matthew Shannon, the incumbent. The names of both candidates appeared in several places on the ballot, Jacobowitz on lines 11-A and 11-E, and Shannon on lines 11...

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