State ex rel. League of Women Voters v. Herrera

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 discernable [sic].” NMSA 1978, § l-9-4.2(B) (2003, as amended through 2007).

{2} We hold that this provision of the Election Code, as supported by certain…