She postulates that in the hour that the machines were shut down, over 100 voters must have been turned away. She contends that when she requested an alternate means of casting her vote by paper ballot, she was informed that there was no alternate means to vote available. Petitioner requests that I set aside the election results and order a new election. Respondent contends that the appeal must be dismissed because petitioner fails to state a claim upon which relief may be granted and fails to join necessary parties. As a threshold matter, the appeal must be dismissed for failure to join the two winning candidates, Karen Score and Charles Kish, as respondents.
Petitioner seeks to set aside the election results.
Thus, the rights of Ms. Score and Mr. Kish would clearly be affected if the petition were granted. In the instant appeal, neither Ms. Score nor Mr. Kish is named as a respondent in the caption of the petition or in the notice of petition, nor were they served with a copy of the petition. Even if the appeal were not dismissed on procedural grounds, it would be dismissed on the merits. Respondent admits that both voting machines simultaneously malfunctioned on May 19, 1998. However, respondent disputes petitioner's claim that 50 to 100 voters were turned away.