Court of Appeals of New York

In proceedings under article 16 of the Election Law following the general election challenging certain ballots, the appellate division's order modifying the trial court's order is affirmed where: 1) one voter was not a resident of the voting district and therefore the voter's affidavit ballot must be invalidated; 2) the Board of Elections properly hand-counted the two unscanned optical scan ballots; and 3) the Board of Election's failure to adhere to the provisions of the Election Law did not require the invalidation of two of the absentee ballots at issue.

Appellate Information

• Decided 02/23/2010
• Published 02/23/2010

Judges

Court

• Court of Appeals of New York

Counsel