Cobb v. State Canvassing Board

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 cost, in advance. A lawsuit ensued challenging whether the State Canvassing Board had such authority. While this case was on appeal, the Legislature amended…