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MATTER OF JOHNSON v. MARTINS

No. 237

15 N.Y.3d 584 (2010)

In the Matter of CRAIG M. JOHNSON, Appellant-Respondent, v. JACK M. MARTINS, Respondent-Appellant, and NASSAU COUNTY BOARD OF ELECTIONS, Respondent. In the Matter of JAY JACOBS, as Chairman of the Nassau County Democratic Committee, Appellant, and JOSEPH MONDELLO, as Chairman of the Nassau County Republican Committee, Respondent, v. NASSAU COUNTY BOARD OF ELECTIONS, Respondent.

Court of Appeals of New York.

Decided December 20, 2010.

Attorney(s) appearing for the Case

Jaspan Schlesinger LLP, Garden City ( Steven R. Schlesinger and Hale Yazicioglu of counsel), for appellant-respondent and appellant.

Bee Ready Fishbein Hatter & Donovan, LLP, Mineola ( Peter A. Bee and Kenneth A. Gray of counsel), for respondent-appellant.

John Ciampoli , County Attorney, Mineola, for respondent Nassau County Board of Elections.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, SMITH, PIGOTT and JONES concur in per curiam opinion; Judge READ taking no part.

OPINION OF THE COURT

Per Curiam.

Under the Election Reform and Modernization Act of 2005 (L 2005, ch 181), adopted in order to implement New York's new regime of voting by the use of electronic scanning machines, mandated by the federal Help America Vote Act of 2002 (42 USC § 15481), voters scan marked electronic ballots into a ballot scanner and wait for notice that the ballot has been received. In addition, in order to ensure that verifiable results...

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