-Caveat Lector-

N.M.  Troopers Impound Ballots

Fox News
Sunday, November 12, 2000


ALBUQUERQUE, N.M.  — State police have begun impounding ballots
from Tuesday's election after Republican lawyers asked courts to
order protection for early voting and absentee ballots cast
statewide, in case they are needed for recounts or review later.

"It's not to impound all the ballots, but all the paper ballots —
the early-voting and absentee," said Albuquerque-based GOP
National Committeeman Mickey Barnett.

He said he and fellow GOP attorney Duncan Scott, his former law
partner, planned to file impoundment petitions in all 13 judicial
districts in the state to impound those ballots within their
jurisdictions.

"All it is," he said, "is to preserve the status quo — there are
no challenges, no recounts" — at least, not yet.  "Let's preserve
the record ...  let's just make sure the state police have
control of things that can move or change."

"There's no allegation whatsoever in this impoundment issue that
there's any fraud or anything," Barnett said.  "I think it's much
more pro-forma than suspicion.  I'd just like to know two weeks
from now, if something does happen, that they (the ballots) are
all there."

He said all 13 judicial districts would be served by close of
business Monday.  State police Sgt.  Royleen Ross-Weaver said
officers already have begun impounding ballots in Catron, Sierra
and Socorro counties under orders from state District Judge
Edmund Kase.

"The early and absentee voting ballots in Sierra and Catron
(counties) have been seized.  The officers are in the process of
seizing those types of ballots in Socorro County," Ross-Weaver
said.

She said Torrance County is still in the canvassing process.
"When that process is completed, those ballots will be
transported to the 7th Judicial District Courthouse in Socorro,"
she said.

Ross-Weaver said her office is checking other state police
offices around the state to see whether any other impoundments
have occurred, but that as of 10:40 p.m. Saturday only the 7th
Judicial District impoundments had begun.

The impoundment bid was not motivated by any particular race,
although the presidential election was among those that were of
concern, Barnett said.

Republican George W.  Bush moved into a 17-vote lead Friday night
over Democrat Al Gore as 355 damaged ballots were hand-counted.
Perhaps a few hundred "in-lieu-of" absentee ballots — cast by
people who certify they did not receive requested absentee
ballots — remain to be counted statewide, but precise numbers
will not be available until at least Monday.

The impoundment petitions are being filed on behalf of GOP Court
of Appeals candidate Rita Nunez Neumann, Barnett said, explaining
that one statewide candidate like Nunez, by petitioning, would
assure the security of all the ballots statewide.

"I filed this as a Republican official," Barnett said.  Neumann,
with all precincts reporting in unofficial returns, was declared
the loser to Democrat Celia Foy Castillo, who had 53 percent of
the vote to 47 percent for Neumann.  More than 32,500 votes
separated the two candidates.

The petition filed by Scott asks the courts to order the
impoundment of "tally sheets, registration certificates, paper
ballots, absentee ballots, statements of canvass, absentee ballot
applications, absentee ballot registers and emergency paper
ballots."



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