BRIGGS | fee - fax612977,8650 November 17, 2010 Diane B. Bratvold (612) 977-8789 doraoldazescom Frederick K. Grittner HAND-DELIVERED Clerk of Appellate Courts Minnesota Court of Appeals 305 Minnesota Judicial Center 205 Rev. Dr. Martin Luther King, Jr. Blvd. St. Paul, MN 55155 Re: Emmer for Governor Our File No. 0976000001 Dear Mr. Grittner: I enclose for filing the Petition of Tom Emmer under Minn. Stat. § 204B.44 and supporting affidavits. We are in the process of arranging for service on the State Canvassing Board and the Auditors of the 87 Minnesota counties. We expect shortly to file admissions of service or other proof that service has been made. Very truly yours, Briggs and Morgan, PA Diane B. Bratvold DBB/kd Enclosures ce: Charles N. Nauen, Esq. (via e-mail) Commissioner Richard Slowes (via e-mail) sonon20vt ‘gg ne Morse, Profesional Aszocition ionepais 5 al | wvebragecom ember ex Mund Geb section findependent a FmCASE NO. | STATE OF MINNESOTA IN THE SUPREME COURT In re Petition regarding 2010 Gubernatorial Election | PETITION TO CORRECT ERRORS AND OMISSIONS REGARDING DETERMINATION OF PROPER NUMBER OF BALLOTS COUNTED Sam Hanson (#0041051) Diane B. Bratvold (#018696X) Neal T. Buethe (#166030) BRIGGS AND MORGAN, P.A. 2200 IDS Center 80 South Eighth Street Minneapolis, Minnesota 55402-2157 (612) 977-8400 TRIMBLE & ASSOCIATES, LTD. Tony P. Trimble (#122555) Matthew W. Haapoja (#268033) Suite 130 10201 Wayzata Boulevard Minneapolis, MN 55305 952-797-7477 Attorneys for Petitioner Tom EmmerPETITION TO CORRECT ERRORS AND OMISSIONS REGARDING DETERMINATION OF PROPER NUMBER OF BALLOTS COUNTED I. INTRODUCTION Petitioner Tom Emmer seeks the following Order pursuant to Minn. Stat. § 2048.44: The State Canvassing Board is hereby ordered to conduct a state-wide determination of the proper number of ballots to be counted and, if necessary, reconciliation, in accordance with Minn. Stat. § 204C.20, prior to its certification of the correctness of the 2010 election results. Furthermore, all county canvassing boards and local election officials are required to participate and assist in the determination of the proper number of ballots to be counted and any reconciliation as requested by the State Canvassing Board, This Order is necessary to correct “an error, omission or wrongful act” that is “about to occur” by the State Canvassing Board in certifying the correctness of the election results. There is substantial evidence that the summary statements from the county canvassing boards and local election officials on which the certification will be based are inaccurate since they were not determined in compliance with Minn. Stat. § 204C.20. ‘The gubernatorial election between Representative Tom Emmer and Senator Mark Dayton produced a result so close that it will likely be the subject of a mandatory recount. Accuracy in the vote tally is of enormous importance in determining the will of the electorate concerning the state’s highest office. A critical threshold issue is whether election officials followed the statutory requirements for determining whether there has