David Doyle, Paula Papponi and Dan Foley sued County Clerk Sally Padilla last week requesting the impoundment. Rogers said they want to focus on ballots cast in Rio Rancho precincts with a view to possibly seeking a recount.
The deadline for seeking a recount is midnight on Friday, Rogers said.
The ballots are currently being kept securely at the 13th Judicial District Court house in Sandoval County.
Election results canvassed last Friday by the county commission showed Doyle losing by 90 votes to John Sapien, the Democratic incumbent in Senate District 9 and Papponi losing narrowly to Democrat Eileen Garbagni for the county clerk’s position. Foley, a former Republican state representative who lives in Rio Rancho, was not running for office.
Attorney Daymon Ely, a Democrat representing Sapien and Garbagni, has filed a motion with the court seeking to have Foley’s name removed as a petitioner in the lawsuit. Ely said by law candidates can sue for ballots to be impounded, but citizens can’t.
Ely expects District Court Judge John Davis to schedule a hearing on his motion on Monday.