On July 23, the New Mexico Libertarian Party filed a federal lawsuit against the Secretary of State for refusing to provide an accurate count of write-ins in the party’s June 2 primary. The party’s choice for State Appeals Court, Stephen P. Curtis, needed 230 write-ins in order to advance to the November election. The state canvass credited him with only 204, but the party has evidence that many of his write-ins weren’t counted.
Here is the Complaint in Curtis v Oliver, 1:20cv-748. When the party complained about the inaccurate tally, it was told that it needed to pay $3,573,400 for a recount of the approximately 1,500 Libertarian primary ballots cast. Here is a news story about the lawsuit.
As long ago as 1915, federal courts have recognized that the U.S. Constitution protects a voter’s right to have his or her vote counted. Some of the plaintiffs in the case are voters whose votes weren’t counted.