Legal Battle for 2004 Recount Continues in New Mexico

Cobb & Badnarik take case to N.M. Supreme Court

Share article:

Guest blogged by David Edwards

On Monday September 5, lawyers representing presidential candidates David Cobb of the Green Party and Michael Badnarik of the Libertarian petitioned New Mexico’s highest court to order a recount of 2004 election.

This appeal to New Mexico’s Supreme Court came after refusals of the state Canvassing Board and Gov. Bill Richardson to conduct a recount as set forth under New Mexico election law.

John Boyd, a lawyer for Cobb and Badnarik, said a recount of paper ballots and a recheck of voting machine results was still needed to highlight problems with New Mexico’s election system.

“There is no more important issue than the purity of elections in this state,” Boyd told justices during an hour-long hearing. “And I will tell … the court that the elections are not pure.”


Cobb and Badnarik said the canvassing board had exceeded its powers in demanding more than $1 million in advance. The candidates filed a lawsuit, lost in district court and then appealed.

Boyd, the lawyer for Cobb and Badnarik, said the court should decide the case dispute because similar problems could occur in future elections if the canvassing board has “unfettered discretion” in deciding how much to charge candidates in advance for a recount.

Share article:

Reader Comments on

Legal Battle for 2004 Recount Continues in New Mexico

7 Comments

(Comments are now closed.)


7 Responses

  1. 1)
    Robert Lockwood Mills said on 9/6/2005 @ 3:29am PT: [Permalink]

    If nothing else, the testimony should expose Richardson as a self-serving jerk, more interested in his political future than in cleaning up New Mexico’s election messes (use of plural deliberate).

    Both parties have a lot to hide (and have exposed) in New Mexico, so this won’t be seen as partisan. Thank God for men like Cobb and Bednarik, who are proving that we can’t afford to leave our elections in the hands of partisans. Republicans are the more skilled thieves, but both parties would steal their grandmothers’ purses if they could.

  2. 2)
    Floridiot said on 9/6/2005 @ 5:46am PT: [Permalink]

    The million bucks is a crime in itself
    how can that be an open election that regular folks can’t get into and see?

    Some transparency that is

  3. 3)
    Kraig said on 9/6/2005 @ 2:02pm PT: [Permalink]

    We need international election monitors like they do for other countries’ elections. I’d also like to see a cap placed on how much each candidate can spend on his campaign (as a much smaller amount than what we see nowadays) and better yet, eliminate the concept of lobbyists and with the drastically pared-back campaign spending limits we could have the funding come out of tax revenue and be provided in an equal share to ALL candidates, so that we don’t see somebody with as good of ideas as Dennis Kucinich considered to be out of the running as soon as it starts because his funding is miniscule. We need to get rid of the paperless "voting" machines and have the process of tallying votes done by independent observers, not corporations with ties to the Repubs. Also we need to shitcan the electoral college system and replace it with the popular vote being the deciding one.

  4. 4)
    Peggy said on 9/6/2005 @ 3:31pm PT: [Permalink]

    The principal LEADERS that I see fighting for fair elections in America are Cobb and Badnarik — I hope you all are going to vote for them and support them at every opportunity! Maybe Conyers and the Black Caucus should become Greens/Libertarians?????

  5. 6)
    m3 said on 9/7/2005 @ 7:55am PT: [Permalink]

    I still can’t believe that there isn’t more noise in Ohio after the latest two indictments (or whatever they were!!)

    And now that we know the recounts in Ohio were fixed…

    What can WE do to GUARANTEE the recounts in New Mexico won’t be fixed the same way?

    or through some similar means?

    We’ve gotta make sure we don’t get a repeat of the same bullshit… somehow…?!?!?!?

  6. 7)
    Doug Eldritch said on 9/9/2005 @ 4:40pm PT: [Permalink]

    M3: You need several lawyers like Arnebeck in New Mexico immediately and a special prosecutor. The situation will be handled flawlessly. The fraud in Ohio was bad, in N.M it could be worse.

    Doug

(Comments are now closed.)


Please help The BRAD BLOG, BradCast and Green News Report remain independent and 100% reader and listener supported in our 23rd YEAR!!!

ONE TIME
any amount...

MONTHLY
any amount...

OR VIA SNAIL MAIL
Make check out to...
Brad Friedman/
BRAD BLOG
7095 Hollywood Blvd., #594
Los Angeles, CA 90028

RECENT POSTS

But Here’s Another Post That Comes AFTER the Stay-on-Top Test!

But is it really under the sticky post?

Trying Out Stay-on-Top Functionality

How does it work?

You tell me!

‘Dangerous Times’: Climate Scientist Warns Trump ‘Censorship’ Endangering National Security: ‘BradCast’ 3/6/2026

Guest: Dr. Peter Gleick; Also: Admin deported at least 50 legal Venezuelan migrants; Judge says South Sudan deportations violated court order

This is the Sub Sub title line. Have added it so that we can see how the spacing works everywhere with both sub headers...

TEST

Guest: Election expert Marilyn Marks on GA 2018 Lt. Gov. election contest as state moves to unverifiable barcoded ballots; Also: FL 2020 GOP power-grab update; IA Repubs vote to NOT count absentee ballots...

Investigators reportedly examining federal judge's long history of alleged domestic abuse, while Congressional impeachment looms...

The Attempted 2018 Voter Suppression Begins: ‘BradCast’ 8/20/2018

And other news, both good and bad, around the country and world, 78 days out from the midterm elections...

A New Test Post for Linux61

This is one of those famous sub-titles you've heard so much about, that have been so vexing

And this, believe it or not, is a sub-sub-title!...

Sunday ‘Cutting Corners’ Toons

THIS WEEK: Big Barbaric Bill ... Conman's Clowns ... Anti-Semitism ... In Memoriam ...

‘A World of Tyrants, Bribes, and Influence’: ‘BradCast’ 5/22/2025

Guests: Heather Digby Parton of Salon, 'Driftglass' of 'Pro Left Podcast'...

‘Green News Report’ – May 22, 2025

With Brad Friedman & Desi Doyen...

And Then They Came for Members of Congress…: ‘BradCast’ 5/20/2025

Guest: Attorney Keith Barber; Also: Noem doesn't know what Habeas Corpus means; Paramount owner wants CBS News to roll over to Trump...

‘Green News Report’ – May 20, 2025

With Brad Friedman & Desi Doyen...

Appeals Court Blocks Last Route for Voters to Challenge Violations of the Voting Rights Act: ‘BradCast’ 5/19/2025

Guest: Justin Levitt, former Dep. Asst. A.G. at DOJ; Also: Springsteen sounds alarm; Far-right loses in Romania; SCOTUS blocks Trump again...

Sunday ‘Now Hoarding’ Toons

THIS WEEK: From the Middle East ... to Capitol Hill ... and Across the MAGAVerse ...

Mad World: ‘BradCast’ 5/15/2025

Birthright citizenship and nationwide injunctions at SCOTUS; GOP tax and health care cuts in the House; Eliminating FEMA, dismantling NWS before hurricane season; Noem's surreal tattoo testimony; Souter's warning...

‘Green News Report’ – May 15, 2025

With Brad Friedman & Desi Doyen...

About Brad Friedman...

Brad is an independent investigative journalist, blogger and broadcaster.
Full Bio & Testimonials…
Media Appearance Archive…
Articles & Editorials Elsewhere…
Contact…
He has contributed chapters to these books…
…And is featured in these documentary films…

BRAD BLOG ON THE AIR!

THE BRADCAST on KPFK/Pacifica Radio Network (90.7FM Los Angeles, 98.7FM Santa Barbara, 93.7FM N. San Diego and nationally on many other affiliate stations! ALSO VIA PODCAST: RSS/XML feed | Pandora | TuneInApple Podcasts/iTunesiHeartAmazon Music

GREEN NEWS REPORT, nationally syndicated, with new episodes on Tuesday and Thursday. ALSO VIA PODCAST: RSS/XML feed | Pandora | TuneInApple Podcasts/iTunesiHeartAmazon Music

Media Appearance Archives…

AD
CONTENT

ADDITIONAL STUFF

Brad Friedman/
The BRAD BLOG Named...

Buzz Flash's 'Wings of Justice' Honoree
Project Censored 2010 Award Recipient
The 2008 Weblog Awards