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STATE EX REL. LEAGUE v. HERRERA

No. 31,386.

203 P.3d 94 (2009)

2009-NMSC-003

STATE of NEW MEXICO ex rel. LEAGUE OF WOMEN VOTERS of New Mexico, Petitioner, v. The Honorable Mary HERRERA, in her official capacity as Secretary of State of New Mexico, Respondent.

Supreme Court of New Mexico.

February 9, 2009.

Attorney(s) appearing for the Case

Edward Ricco, Esq., Jocelyn Drennan, Esq., Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, NM, for Petitioner.

Gary K. King, Attorney General, Scott Fuqua, Assistant Attorney General, New Mexico Attorney General's Office, Santa Fe, NM, for Respondent.

OPINION

BOSSON, Justice.

{1} In this case, we confront a fundamental question about the basic unit of our representative democracy, the individual vote: What constitutes a valid expression of voter intent? The Legislature has already answered this question, at least in part, by providing that a hand-tallied vote shall be counted if "the presiding judge and election judges for the precinct unanimously agree that the voter's intent is clearly...

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