As threatened last week, Liberty Elections Systems, the American name for NEDAP, a Dutch company whose machines have already been decertified in their home Netherlands, has filed suit against the New York State Board of Elections for their rejection last week of Liberty's DRE.
From the Capital Confidential blog (ya, it's back up after getting swamped yesterday):
After 2 hours and 45 minutes of oral argument Monday evening, Albany Supreme Court Justice Kimberly O’Connor denied Liberty’s application for a temporary restraining order to compel the NYSBOE to include Liberty on the list of approved ballot marking devices for selection by the county boards of elections.
Justice O’Connor has scheduled a hearing on Liberty’s Article 78 proceeding (the New York procedure for a writ of mandamus) which challenges the State Board of Elections’ determination for 1:30 p.m. on Thursday, January 31.
Bo Lipari explains:
The Board's denial of approval was based on the Liberty DREs inability to meet the requirements of Section 7-202(1)(e) of New York State law which states that systems approved by the state board must: "provide the voter an opportunity to privately and independently verify votes selected and the ability to privately and independently change such votes or correct any error before the ballot is cast and counted." As a member of New York's Citizen Advisory Committee, I evaluated the Liberty DRE along with other systems. It's clear to me that the State Board was correct in denying approval to the DRE because it's verification mechanism was completely unusable by voters with disabilities.
Stay tuned for further developments. I would expect the Article 78 request to be denied but you never know.