N.M. OK to clear data from voting machines

January 12th, 2005

The Associated Press

SANTA FE, N.M. (AP) - The New Mexico secretary of state Wednesday gave the green light to county clerks to clear November election data from voting machines - despite a pending dispute over the accuracy of presidential race results.

Secretary of State Rebecca Vigil-Giron sent a memo telling clerks they have three days to notify a judge and political party officials in their respective counties if they plan to clear the machines and reprogram them for school elections Feb. 1.

"I'm very sorry but this election is going to have to go on," Vigil-Giron said late Wednesday, explaining negotiations had failed between her office and attorneys for the Green and Libertarian presidential candidates, which are seeking a recount.

Ordinarily, clerks would have cleared the Nov. 2 general election data from voting machines by now, giving them time to reprogram the machines' cartridges for the school balloting.

But because of a pending lawsuit over a recount request in the presidential race, Vigil-Giron's office had advised clerks two weeks ago to hold off on erasing data.

Green and Libertarian presidential candidates are in a legal dispute with the state canvassing board over its requirement that they pay $1.4 million in advance for a statewide recount.

The candidates had proposed a settlement under which they would pay in advance for a recount in 10 percent of precincts. Vigil-Giron said the candidates had failed to provide her with a list of those precincts in which they sought a recount.

On Wednesday, the state attorney general's office sent a letter to John Boyd, a lawyer for Green Party candidate David Cobb and Libertarian Party candidate Michael Badnarik, that outlined the state's position.

Lowell Finley, an attorney for the candidates, said late Wednesday he had not seen the secretary of state's memo or the letter.

"It's certainly something that we will oppose vigorously because it undermines the whole pending appeal of the decision in the recount lawsuit," he said.