Recount

Current Status·
History·
Press Releases·
Lawsuit·

The History of the Recount

• Bush wins NM with less than 1% of the vote. A variety of problems surrounding the election seem to exist.
• 11/29 - David Cobb and Michael Badnarik filed for a recount. Help America Recount Fund paid $114,000.00 deposit. $108,000.00 was actually required by law.
• New Mexico election law requires for the recount to begin within 10 days of filing for the recount.
• 12/1 Richardson says in press release he is against the recount- "doesn't think it will change the outcome of the election".
• 12/3 - SoS tells reporters the cost of a recount could run $600,000.00 and that a recount is not certain.
• No response comes from the SoS or the State Elections Official
• 12/10 - Prominent Democratic attorneys David Garcia and John Boyd officially join the effort.
• 12/10 - 4 PM - Law suit filed on behalf of candidates for a writ of mandamus-requesting the court to require the canvassing board to comply with the law and start the recount in the time frame specified in the statute.
• 12/10 - 5PM - Governor's office sends out a press release announcing the canvassing board will meet on Tuesday, December 14 at 5 PM. 6th on the agenda is "discussion and possible vote of the recount request".
• 12/13 - District court denied the writ of mandamus petition without prejudice inviting the parties back if a satisfactory resolution was not met at the canvassing board meeting on Tuesday.
• 12/14 - Canvassing board meeting - All three members- Gov. Richardson, SoS Vigil-Giron, and Chief Justice Maes - vote unanimously without any substantive discussion against the recount (recount is allowed by law, not discretionary). SoS then reads from notes that she would allow the recount if her revised estimate of the total cost of 1.4 million dollars was paid in cash or through a surety bond by 10 AM on the morning of 12/16.
• 12/15 - Santa Fe District Court Judge Carol Vigil denies petition for a writ of mandamus requiring canvassing board to go forward with the recount as required by law.
• 12/15 - Separate petition (appeal) is made to the NM Supreme Court.
• 12/15 - Negotiations with AG and Gov's office - Recount petitioners suggest a "10% solution" as an act of good faith and compromise solution that allows everyone to get what they want. The proposed deal would provide for a 10% recount in precincts chosen by the candidates counsel and would be paid for up front. If the precincts showed error that extrapolated across the rest of the state would change the outcome of the election, then a full state wide recount would commence.
• 12/17 - AP reporter calls lead counsel Lowell Finley with news that the Governor said he was not interested in the deal.
• 12/20 - Report comes out showing alarming data including reported presidential under votes of 21,000 that are linked to specific machine types, over 2,000 phantom votes, and other disturbing statistical anomalies.
• 12/21 - The New Mexico Supreme Court, in a 4-1 vote, denies our petition without holding a hearing and without a written opinion.
• 12/28 - SoS sends out memo to county clerks that the AGs offices has advised not to clear the data from the voting machines.
• 12/30 - Appeal was filed in the Santa Fe District Court in an effort to preserve the data from the electronic voting machines being erased
• 1/4 - SoS sends out notice of canvassing board meeting to be called following week to determine the clearing of machines
• 1/5 - SoS is quoted in the press as saying paper ballots can be used in up coming elections.
• 1/6 - SoS is quoted by the press as saying the machines must be cleared..
• 1/12 - SoS sends out memo to county clerks that tells them they may clear the electronic voting
• 1/13 - Phone calls to individual counties revealed that San Juan, Bernalillo, Chaves, Colfax, Dona Ana, Otero, Socorro, and Torrance all have scheduled the clearing of their counties electronic voting machines based on the information provided by the SoS despite the fact that a recount is pending.
• 1/14 - Separate civil action is filed in Albuquerque by voters of New Mexico with a request for a temporary restraining order to preserve the integrity of evidence from the electronic voting machines.
• 1/15 9 AM Bernalillo County Clerk proceeds to clear the machines without having sent notice to the minor party county chairs. Sonja Ellison delivers letter from Michael Blessing requesting his 3 day notice County Clerk Mary Herrera.
• 1/15 – 11 AM – Lowell Finley and David Garcia meet with Chief Judge of the 2nd Judicial District Court William F. Lang who denies the request for a temporary restraining order effectively allowing the evidence (voting machines) to be cleared.