Shannon v. Jacobowitz (David N. Hurd, N.D.N.Y. 5:03-cv-1413)
After votes were counted in a November 2003 election for a town supervisor, a challenger was ahead of an incumbent by 25 votes. There was evidence, however, that a voting machine registered only one vote for the incumbent because it failed to advance its tally with each additional vote. Supporters of the incumbent filed a federal complaint alleging that a comparison of the malfunctioning machine to another machine at the same location implied that the incumbent was deprived of approximately 134 votes. The district judge enjoined certification of the election and enjoined the challenger from taking office. In January 2005, the court of appeals determined that the district court’s interference with the election was error. The incumbent remained in office through 2007.
Subject: Voting irregularities. Topics: Voting technology; enjoining certification.

One of many Case Studies in Emergency Election Litigation.