FYI: The slip opinion is available at
http://www.supremecourt.nm.org/cgi-bin/dnloadit.cgi/slipopinions/SC29,09
5.html 

-----Original Message-----
From: owner-election-law_gl@majordomo.lls.edu
[mailto:owner-election-law_gl@majordomo.lls.edu] On Behalf Of
ban@richardwinger.com
Sent: Monday, June 12, 2006 2:22 PM
To: election-law@majordomo.lls.edu
Subject: minor parties won New Mexico presidential recount lawsuit

On May 16, the Green and Libertarian Party 2004 presidential nominees
won their lawsuit in the New Mexico Supreme Court, over their request
for a recount.  I only learned this today.  The opinion is on the New
Mexico Supreme Court's website.  Cobb v State Canvassing Board, no.
29,095.  The court unanimously said the board should have done the
recount.  However, there will be no recount now, because (1) it's now
physically impossible since the mechanical voting machine counters have
been cleared;
(2) even if the results had shown that Kerry carried New Mexico, Bush
would still have had enough electoral votes to win in 2004 without New
Mexico.

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