Writ Denied in NM Recount Effort

From Sonja Elison:
Just heard from Rick Lass, the State Chair of the Green Party of NM. The judge denied the Writ of Mandamus, so the options are to appeal, to go to federal court (which is packed with Republican judges thanks to Sen. Dominici) or to get the $1.4 million surety bond.  The lawyers are conferring now.

DNC/Kerry's campaign number is 202-863-8000 if you'd like to urge them to donate the funds. Gov. Richardson's office number is 505-476-2200 if you'd like to comment on the NM Canvassing Board's decision not to allow the presidential race recount unless $1.4 million is paid by tomorrow at 10:00 AM. More contact information is contained in an earlier post on this site.

UPDATE: The Albuquerque Journal online just put up a story on this. Excerpt:

A lawyer for the Green and Libertarian presidential nominees who requested the recount said they would take their fight to the state Supreme Court unless some kind of compromise could be worked out with the board.

"I think the judge's decision does not comply with the law," Lowell Finley said.

He had argued that the board went beyond the law Tuesday when it voted to require the payment of $1.4 million by 10 a.m. Thursday.

Finley said the Greens and Libertarians are "fully prepared" to pay for the recount, but that the law requires a deposit of no more than the $114,400 they already have deposited.

Vigil said the $114,400 "has got your foot in the door," but that the board was within its rights to require more up front.

Finley said he would discuss with board lawyers the possibility of narrowing the recount request to review only a portion of the state's voting machines used in the Nov. 2 general election.