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Bill Bored Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-22-10 10:55 PM
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New York Law Journal Reports on Florida 2000 Redux
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Edited on Wed Dec-22-10 10:57 PM by Bill Bored

Court Rejects Challenge to Republican Win of Nassau Senate Seat
Joel Stashenko
New York Law Journal
December 21, 2010

ALBANY - Control of the state Senate is restored to Republicans as the Court of Appeals yesterday declined to order a manual recount of all votes in a Long Island election on which the balance of power in the chamber hinged for the next two years.

Republicans in January will enjoy a 32-30 majority over Democrats, the same margin Democrats had heading into the balloting.


But in the Martins-Johnson case, an audit of seven of the 249 voting machines in the Seventh Senatorial District revealed a gain of only two or three extra votes for Mr. Johnson based on a comparison of paper ballots and the vote counts recorded by the scanning machines used for the first time in the state on Nov. 2.


In arguments before the Court yesterday morning, Steven R. Schlesinger contended that the vote-count errors suggested by the audit of the machines in Nassau County indicated problems that could have affected the outcome of the Martins-Johnson race.

He said in an audit of 3 percent of the voting machines throughout Nassau County, problems of one kind or another were discovered. He argued that the only way to resolve questions to the satisfaction of voters was to count all the votes by hand.

Mr. Schlesinger argued, for instance, that there were 3,876 ballots cast on the new machines for which no votes for the Senate race were recorded.


He said he also produced evidence before Justice Warshawsky from a statistician at the University of California-Berkeley who testified that "almost certainly the outcome could change" between Mr. Martins and Mr. Johnson based on the voting machine problems found in the Nassau County audit.

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