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KUZNIK v. WESTMORELAND COUNTY BD. OF COM'RS

902 A.2d 476 (2006)

Mary Beth KUZNIK, Jim Ferlo, Sallie W. Bradley, Merle L. Kuznik, Clare Vaill, Timothy Krupar, William P. Kuznik, Jeffrey Hails, John W. Hetler, Charlene May Hetler, and Matthew Hetler, Appellees v. WESTMORELAND COUNTY BOARD OF COMMISSIONERS, Westmoreland County Board of Elections and Pedro A. Coréts, Secretary of the Commonwealth, Appeal of Pedro A. Cortés.

Supreme Court of Pennsylvania.

Decided July 20, 2006.

Attorney(s) appearing for the Case

Paul William O'Hanlon, Disability Law Project, for PA Protection and Advocacy, etc., amicus curiae.

Eugene A. Ferace, Robert Mark Gesalman, Office of County Sol., for Westmoreland County Bd. of Elections.

Mark Alan Aronchick, Shawn Alexander Weede, Hangley Aronchick Segal & Pudlin, P.C., Philadelphia, Albert H. Masland, Gregory Eugene Dunlap, PA Governor's Office of Gen. Counsel, for Pedro A. Cortés.

Charles Anthony Pascal, Jr., for Mary Beth Kuznik.

Before: CAPPY, C.J., CASTILLE, NEWMAN, SAYLOR, EAKIN, BAER and BALDWIN, JJ.

OPINION

Justice NEWMAN.

In this case, we must determine whether the Commonwealth Court erred by finding that Westmoreland County and State election officials violated the Pennsylvania Constitution and Pennsylvania Election Code1 by agreeing to purchase electronic voting systems (EVS)2 for use in the Westmoreland County General Primary on May 16, 2006...

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