ENDORSED First Judictal District Court FIRST JUDICIAL District couRT COUNTY OF SANT) OCT 80200 fon ‘STATE OF NEW wenico ‘Sante Fo, AIC Arriba : cote Mlle bok . cama FE no. D~ /0) CV =.7108 - 02033 ‘SUSIE A. TRUJILLO-ROMERO and ‘THE NEW MEXICO FEDERATION OF LABOR, Plaintiffs, v. \ VALERIE ESPINOZA, Santa Fa County Clerk, and DENISE LAMB, Santa Fo ‘County Director of Elections, Defendants. PREMAUEOT ORDER GRANTING PRELIMINARY INJUNCTIVE RELIEF This matter having come before the Court on Plants: Motion for Temporary Restraining Order, and ths Curt having hls a haa be hat Tord anjuon’ st Detober 30, 2008, being fully advised in the promises cause been shown, Pat motnis hay GRATE ck day ALPS ocean will continue to suffer irreparable harm for which there Is no adequate remedy at law if Defendants’ conduct is not immediately enjoined, The Court also finds thatthe benef to ‘he public rom requiring Defendants to comply withthe New Mexico election cod and the Secrstary of State's Policy Directive applying the code far outweighs any harm to Defendants from the inconvenience of immediately allowing these voters the Opportunity ‘o vote and Plaintiffs have a substantial likelihood of succese on the merits of their claims. Dm nnerke bes‘Therefore, it is hereby ORDERED that: 1. Defendants shal immediatoly comply withthe Secretary of State's Gctober 20, 2008 Policy Directive and allow persons who requested but did not receive an absentee ballot to vote as part of the Santa Fe County regular early voting process. 2. Defendants shall Immediately ineruct al employees at all early voting offices to allow persons who requested but did not receive an absentee ballot to vote as part of the Santa Fe County rogular early voting process in compliance wit the Secretary of State's October 29, 2008 Policy Directive and to monitor these employees conduct to ensure Compliance with the Policy Directive and this Court's Order, 3 Defendants shall immediately count all provisional blots that they rovously 4, Finally, in orderto; have been unlawfully tumed away from, Voting time to retum anid their nl to vat, Detendanis thal Koop the Santa Fo County Clark’s Office open for oa ‘ating on Sunday, November 2, 2008 and provide Public service announcements. early voting hours and about the process set forth lon the Secretary of 2008 Policy Directive, ry cee fo b- Weep‘Submitted, Vbaref Daniel Yohalem 1121 Paseo de Peralta ‘Santa Fe, NM 87501 (505) 983-9433 FAX 989-4844 Jane B. Yohalem P.O. Box 2827 Santa Fe, NM 87504 (505) 988-2826 FAX (505) 982- Attomeys for Plaintfis Approved as to Fonn: Santa Fe County Attomey Attomey for Defendants