Call it a case of bad initial judgment. John O. Jacoby Jr. on Monday was awarded the victory in a close election for a Lewiston Town Board seat, and the reason has everything to do with the letter between “John” and “Jacoby.” State Supreme Court Justice Frank A. Sedita III ordered the counting of ballots from 43 Lewiston voters who filled in the “O” in Jacoby’s name, instead of the oval for voting on their paper ballots. The computerized scanner that counts Niagara County votes missed those 43 votes because they are programmed to register marks in the oval. The scanner did count 21 ballots for Jacoby on which the voter filled in both the oval and the O. Acting Republican Election Commissioner Michael P. Carney sought to disallow those 21 votes because of the double marking, but Sedita refused.
New York Court Dismisses ExpressVote XLChallenge | Madeleine Greenberg/Democracy Docket
A New York court has dismissed a lawsuit challenging the approval of the ExpressVote XL touch screen voting machine by the New York State Board of Elections. The lawsuit, filed by Common Cause New York, the Black Institute, and five New York voters in November 2023, alleged that the approval violated state law. The plaintiffs argued that the machine’s barcode system prevented voters from verifying their selections, potentially fueling election fraud conspiracy theories. However, the court ruled that the plaintiffs failed to demonstrate how they would be harmed by the approval of the machines, leading to the dismissal of the case. Read Article