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Board counsel reviews pending election-related litigation and recent case closures
Summary
Counsel briefed the board on multiple cases — Onondaga County v. State appeal to Court of Appeals, Common Cause v. Kozinski pending decision on ExpressVote XL, Prinsall v. Moore on appeal to the 2nd Circuit, and a settlement closing Schmidt v. Kosinskovich — and said the board is monitoring possible related federal filings.
Board counsel provided a litigation briefing covering several matters affecting election law and equipment certification. Counsel said the Fourth Department unanimously reversed a trial-court ruling in an even-year election-change case (Onondaga County v. State) and that the appeal to the Court of Appeals is scheduled for the September term.
Counsel also reported that oral argument in Common Cause v. Kozinski (the ExpressVote XL certification challenge) was heard in the Third Department and a decision is pending; Prinsall v. Moore (federal challenge to the OTV write-in statute) was dismissed at the Western District level and is on appeal to the Second Circuit. Counsel confirmed the matter Schmidt v. Kosinskovich has reached a final settlement resolving attorney-fee issues and is closed.
