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GUSCIORA v. McGREEVEY

929 A.2d 599 (2006)

395 N.J. Super. 422

Assemblyman Reed GUSCIORA, Stephanie Harris, New Jersey Coalition for Peace Action and New Jersey Peace Action, Plaintiffs-Appellants, v. James E. McGREEVEY, Governor of the State of New Jersey (in his official capacity) and Peter C. Harvey, Attorney General of the State of New Jersey (in his official capacity), Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Remanded February 9, 2006.

Reargued May 24, 2006.

Decided June 29, 2006.

Attorney(s) appearing for the Case

Penny M. Venetis, Newark, argued the cause for appellants (Rutgers Constitutional Litigation Clinic, attorneys; Ms. Venetis, on the brief).

Karen A. DuMars, Deputy Attorney General, argued the cause for respondents (Zulima V. Farber, Attorney General, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel; Donna Kelly, Assistant Attorney General, and Ms. DuMars, on the brief).

Before Judges STERN, FALL and PARKER.

The opinion of the court was delivered by

STERN, P.J.A.D.

Plaintiffs appeal from a judgment entered on January 27, 2005, denying injunctive relief and dismissing their complaint with prejudice. Plaintiffs sought an order enjoining the use of all Direct Recording Electronic (DRE) voting machines for the November 2004 election, requiring that all DRE voting machines be retrofitted to provide "a voter verified paper ballot after the November 2004 election" and...

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