Kosmider v. Whitney

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The Court of Appeals reversed the order of the Appellate Division affirming the judgment of Supreme Court directing disclosure of electronic copies of ballots stored by Essex County voting machines in the November 2015 general election, holding that N.Y. Elec. Law 3-222 protects disclosure of ballot copies during the relevant time frame.In December 2015, Petitioner requested the electronic ballot copies preserved by the Essex County Board of Elections (County Board). The County Attorney determined that section 3-222(2), which prohibits examination of "voted ballots" absent a court order or legislative committee direction during the first two years following an election, barred examination of the "voted ballots." In ordering immediate release of the ballot images Supreme Court concluded that section 3-222 did not protect the copies from disclosure and that the two-year limitation on examination of voted ballots outlined in section 3-222(2) did not encompass electronic ballot copies. The Appellate Division affirmed. The Court of Appeals reversed, holding that section 3-222(2) prevented the County Board from granting Petitioner's request for disclosure of electronic copies of those ballots. View "Kosmider v. Whitney" on Justia Law