Like most states that allow write-in primaries, New Mexico sets a minimum number of votes that a write-in candidate must receive, in order to be nominated and appear on the November ballot. This year, New Mexico Libertarians running for statewide office need 230 write-in votes. It isn’t enough to just get the most votes in the primary; the minimum must be met.

The New Mexico Secretary of State’s official tally says the party’s candidate for Governor only got 175 write-in votes. See this story. Voters who cast a write-in vote are supposed to fill in the bubble on the paper ballot next to the write-in line. Otherwise the vote-counting scanner won’t count the write-in. The Libertarian Party is asking for a hand recount, which should not be very expensive because there were only about 850 voters who cast a ballot in the Libertarian primary. The party believes that if they can get a hand count, that will find more write-in votes from voters who didn’t fill in the bubble.

Courts in other states have been split over whether such write-ins can be counted. Washington and Colorado state courts ruled that they should count, but California courts ruled that they should not, although later the California law was changed to validate such write-ins if they make a difference. Thanks to Rick Lass for the link.