Most counties in New Jersey use electronic voting machines that do not produce a paper trail. Critics of these voting machines filed a lawsuit in state court in 2004, Gusciora v McGreevey, which is still alive and is now called Gusciora v Christie. On March 5, the Appellate Division heard oral arguments on whether use of the machines threatens the accuracy of vote counts and whether use of the machines violates New Jersey’s Constitution. See this story, which describes the hearing.

The reason the case is so old is that the New Jersey legislature amended the law in 2005 to require a paper trail. However, the legislature subsequently postponed implementation of the paper trail, in 2007, 2008, and in 2009. The state says it can’t afford to alter the machines to provide a paper trail. Thus, the case remains alive. The lead plaintiff is Assemblymember Reed Gusciora, a Democrat from Princeton who is the Deputy Majority Leader of the Assembly. Here is the brief in opposition to the use of the machines.