Recount rejected for lack of deposit to cover costs
December 2, 2004
The Libertarian and Green parties withdrew their demand for a recount of the presidential election in Nevada on Thursday.
The notice from Berkeley lawyer Lowell Finley was received by the Nevada Secretary of State’s office just a few minutes before the deadline to post a deposit that would cover the costs of a recount.
“This is to inform you that David Cobb and Michael Badnarik have reached a decision to withdraw their demands for a recount of the November 2, 2004, Presidential election in Nevada,” said the letter.
The demand for a recount, under Nevada law, must be filed in three days after the vote canvass and the recount itself begun within five days after the demand is filed. That schedule would have required the recount to begin Saturday.
According to Secretary of State Dean Heller, they filed the demand on time but failed to meet two other requirements in the law – a deposit to cover the estimated costs of the recount and identifying which specific precincts should be included in the recount sample.
The estimated cost was $346,207.
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Heller gave the groups until the close of business Thursday to file the deposit saying a recount would require overtime for county staff members across the state, payment for Sequoia Voting Systems experts and costs for his staff.
Spokesman Steve George said shortly before 5 p.m., Heller’s office received the notice they were withdrawing the demand on behalf of Cobb, the Green Party presidential candidate, and Badnarik, the Libertarian candidate.