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Foley Petitioners, v. Sally Padilla, in her official capacity as the Clerk of Sandoval County, Respondent. PETITION TO IMPOUND BALLOTS No. ______________

Pursuant to NMSA 1978 1-14-9, Petitioners Doyle, Papponi and Foley request that this Court order that the ballots in the November 6, 2012 general election be impounded from Precinct Nos. 1-76 and 78-86 and the Early and Absentee Precinct in Sandoval County. Petitioners state: 1. This court has jurisdiction of this matter and NMSA 1978 1-14-9 & 10, authorize the impoundment of the ballots on petition to the District Court for an Order Impounding Ballots in one or more precincts. 2. This court is the proper venue since all of the above precincts are within Sandoval County. 3. That Petitioner Doyle is a candidate in the general election held on November 6, 2012 for the New Mexico Senate District 9 located within Sandoval County. Petitioner Papponi was a candidate for County Clerk. Dan Foley is a registered voter and voted in the November 6, 2012 election. Petitioners Doyle and Papponi appeared on the official election ballot for the above precincts.

4. Petitioners hereby request that all ballots for the general election held on November 6, 2012, from Precinct Nos. 1-76 and 78-86 and the Early and Absentee Precinct in Sandoval County, be impounded pursuant to sections 1-14-8 through 1-14-12, NMSA 1978. 5. Section 1-14-8 NMSA 1978 defines ballots as tally sheets, registration certificates, paper ballots, absentee ballots, statements of canvas, absentee ballot application, and absentee ballot registers but does not include the voting machines themselves. 6. Petitioner requests that all the forgoing ballots be impounded including but not limited to ballots cast on Election Day, ballots cast by early voting, ballots cast by absentee vote including provisional and in lieu of ballots with the outer envelopes of the above ballots. 7. Petitioner deposits in this Court a total of $2175; $25 for each numbered precinct plus another $25 for the early and absentee precinct. WHERFORE, Petitioner respectfully requests an Order pursuant to NMSA 1978 1-1410, directing the New Mexico state police to take immediate physical custody of all Ballots as above defined including Provisional Ballots and in lieu of Ballots from the above described Precincts for the general election held on November 6, 2012, and to deliver same to the Court Administrator, District Court of the Thirteenth Judicial District at 1500 Idalia Rd, Bernalillo, NM.

Patrick J. Rogers, LLC By_______________________________ Patrick J. Rogers 20 First Plaza Center NW #725

Albuquerque, NM 87102 505-938-3335 patrogers@patrogerslaw.com