NEW MEXICO -- December 28 -- Attorneys for Green Party presidential candidate David Cobb
will
file a Notice of Appeal on Tuesday from a District Court decision which
rejected Cobb's request to start the New Mexico recount without paying
the
entire cost of it in advance. Last week the New Mexico Supreme Court
declined to hear the case. Since the Supreme Court did not rule on the
merits of the case, it can be heard by the New Mexico Court of Appeals.
The Notice will be filed on behalf of Cobb and Libertarian
presidential candidate Michael Badnarik who are both seeking a recount
of
New Mexico's presidential vote. The candidates paid the state a
deposit of
over $100,000, and say that New Mexico law does not require that the
entire
amount of the recount be paid in advance.
"We believe the law is on our side and look forward to a
full
recount of the presidential vote. There are still many unanswered
questions
about provisional ballots, missing votes and the integrity of voting
machines which don't produce a paper trail. The people of New Mexico
deserve to know that their votes will be counted fairly and
accurately,"
said Cobb.
On Tuesday, Cobb and Badnarik's attorneys will also be
notifying
the New Mexico Secretary of State, the Attorney General and the Clerks
for
all of New Mexico's 33 counties, that the Notice of Appeal prevents
them
from "opening and clearing" voting machines throughout the state.
"Although, generally, voting machines can be cleared 30
days
after the official certification of the vote, New Mexico law is clear
that
this can't happen when a recount has been initiated. The candidates
have
paid the deposit for the recount and we expect it to go forward, so any
adjustment to the machines would be clearly inappropriate until the
recount
has been concluded," said Lowell Finley, one of the attorneys
representing
the candidates.
For more information about the Cobb-LaMarche campaign and
its
recount efforts in New Mexico and Ohio, see http://www.votecobb.org.
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