David COBB and Michael Badnarik, Petitioners-Appellants,
v.
STATE CANVASSING BOARD of the State of New Mexico, Rebecca Vigil-Giron, in her capacity as Secretary of State, Bill Richardson, in his capacity as Governor, Petra Jimenez Maes, in her capacity as Chief Justice, Respondents-Appellees.
Supreme Court of New Mexico.https://leagle.com/images/logo.png
May 16, 2006.
May 16, 2006.
Attorney(s) appearing for the Case
Freedman Boyd Daniels, Hollander & Goldberg, P.A., John W. Boyd, Theresa M. Duncan, Albuquerque, NM, Garcia & Vargas, L.L.P., David P. Garcia, Santa Fe, NM, Law Offices of Lowell Finley, Lowell Finley Berkeley, CA, for Petitioners.
Patricia A. Madrid, Attorney General, David K. Thomson, Assistant Attorney General, Zachary Shandler, Assistant Attorney General, Santa Fe, NM, for Respondents.
Supreme Court of New Mexico.
OPINION
SERNA, Justice.
{1} Petitioners, two candidates in the 2004 presidential election, applied to the State Canvassing Board for a recount and recheck of certain ballots and deposited $114,400 for both procedures as required by NMSA 1978, Section 1-14-15(A), (B) (2001) (amended 2005). The State Canvassing Board conditioned beginning the recount and recheck procedures on Petitioners first depositing $1.4 million, the entire estimated...
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