League of Women Voters sues NM Secretary of State
October 25, 2008
The LWV argues that the standard adopted by Herrera is too narrow. They are asking the New Mexico Supreme Court to issue a ruling forcing Herrera to expand the steps taken to determine the voter's intent on hand-counted ballots.
Herrera's rule for this election leaves off the part of the law which states hand-counted ballots count if a precinct presiding judge and election judges all agree the voter's intent is clear. Gerald Gonzales, head of the state elections bureau said it was left out on advice from the attorney general.