State Won't Recount Votes; Court Denies Two Candidates' Request

By Andy Lenderman
Albuquerque Journal Politics Writer   23 December 2004
    SANTA FE? The state Supreme Court has denied an application by two candidates for a recount of the presidential election.
    The court's order, filed late Wednesday, did not give a reason for the denial.
    Green Party presidential candidate David Cobb and Libertarian Michael Badnarik had asked the state for a full recount. Cobb has said the recount request was made in order to verify the credibility and accuracy of New Mexico voting technology.
    Justices Pamela B. Minzner, Patricio M. Serna, Richard C. Bosson and Judge James J. Wechsler concurred, while Judge Michael D. Bustamante dissented.
    Bustamante and Wechsler, who are state Court of Appeals judges, were named to replace Supreme Court Chief Justice Petra Maes and Justice Edward L. Chavez, who recused themselves.
    The court reviewed the matter after the state Canvassing Board, which governs election recounts, ruled the recount could go forward if Cobb and Badnarik paid for it.
    The board, which includes Gov. Bill Richardson, Secretary of State Rebecca Vigil-Giron and Chief Justice Maes, gave the petitioners until Dec. 16 to come up with $1.4 million to pay for the recount.
    That deadline came and went without a deposit.
    "The governor believes now more than ever that it's time to look forward and focus on election reform in order to fix the significant problems that arose in the last election," said Richardson spokesman Billy Sparks.
    Reached by telephone, Cobb said he was disappointed in the court's ruling.
    "The law seemed clear," Cobb said. "In fact the law is clear, and I think it's an example of Bill Richardson and the ruling elites of New Mexico simply making a decision that the law won't be followed and the Supreme Court going along with them."
    Cobb's attorney John Boyd of Albuquerque said he is hopeful the state would still accept the $1.4 million deposit.
    "To me that seems like an option," said Boyd. "Whether or not the plaintiffs can raise that kind of money is obviously a question."