Jun

21

Minor Parties Win New Mexico Recount Case

[From Ballot Access News]

On May 16, the New Mexico Supreme Court ruled unanimously that David Cobb and Michael Badnarik were wrongfully denied a recount of the November 2004 New Mexico presidential vote. David Cobb, the Green Party nominee for president, and Michael Badnarik, the Libertarian Party nominee for president, and their supporters, had complied with New Mexico law by submitting $114,000 for a recount. However, the Board of Canvassers had refused to do the recount, arguing that it would really cost ten times as much money.

Nevertheless, the statute had said that only a 10% deposit was required. The New Mexico Supreme Court said the recount should have been granted. The New Mexico Supreme Court also declared unconstitutional a law passed in 2005, making it more difficult for candidates to obtain a recount. However, the court refused to actually order a recount, saying that President Bush would have been elected even if he had not carried New Mexico.

The case is Cobb v State Canvassing Board, 29095.

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