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A Recount Ordered Because of Evidence That Write-In Votes Were Not Counted

Robert Timothy Reagan
October 9, 2023

Curtis v. Oliver (James O. Browning, D.N.M. 1:20-cv-748)
A write-in Libertarian Party primary-election candidate for New Mexico’s court of appeals was only a few votes short of the number needed to advance to the general election. But there were indications of counting errors related to extensive absentee voting because of the social distancing made necessary by a global infectious pandemic. There was sufficient evidence of an undercount in one county for the district judge to order a recount. After the recount, the candidate qualified for the general election.
Subject: Recounts. Topics: Election errors; primary election; voting technology; recounts; absentee ballots; early voting; matters for state courts; Covid-19; attorney fees.

One of many Case Studies in Emergency Election Litigation.