a Notsa¥9520 1NIAS LNSHNDTSSY | esomandas | awww aoane aavounannorssy | Eee TONER ' q NOLLLIBe :NaO ¥ 4 0308S LON 4439 :8a¥ Teo /te/80 rzoz/te/0 inowy | @ Ata | auaLaniva” | “annsaviisna” |" wotiamuosaa nan aivainana | "Y SVNOHL YBNOwD “ABNUOLLY ‘waHusa veannt t nwieia 4 voNn ¥3no1s 1 auepuajeq a aWYN ALuva NonLarsasaq ALvd AdAL ALuyd spnusta sndvanneny 1in0> 1 rers0izozno-200-0 Sean baie] aa Bes |STATE OF NEW MEXICO, COUNTY OF BERNALILLO. SECOND JUDICIAL DISTRICT COURT ESTHER RIVERA, Petitioner, ¥. LINDA STOVER, in her official cupacity as BERNALILLO COUNTY CLERK, Respondent, * EDDY ARAGON, Real Party in Interest FILED ‘2ND JUDICIAL DISTRICT COURT Bernalillo County 8/31/2021 1:37 PM CLERK OF THE COURT Leanne LeCompte Nou: D-202-CV-2021-05132 VERIFIED PETITION TO DISQUAI. ‘CITY OF ALBUQUERQUE MAYORAL CANDIDATE EDDY ARAGON Petitioner Esther Rivera, by und NMSA 1978, § 1-22-1 ef seg, Candidate Eddy Aragon. As further detailed below, by files her Petition to Disqual through undersigned counsel of record and pursuant to y City of Afbuquerque Mayoral Sddy Aragon does not satisfy the candiduey . ————__ requirements to be a candidate for the Mayor of Albuquerque and disqualification of his candidacy is support FI 1. Petitioner isa registered voter in the city of Albuquerque, Bemal as required by NMSA. 1978, § 1-22-10(B), In support of this Petition, Esther Rivers sates: JRISDICTIO! fo County, New Mexico 2. Respondent Linda Stover is the duly elected County Clerk of Bemalillo County and is theProper tiling officer for Declarations of Candidacy for Mayoral candidates who do not seck Public Gnuncing in the Albuquerque City Election pursuant to NMSA 1978, § 1-22- 3.005). |. Eddy Aragon is a candidate for Mayor in the City of Albuquerque who filed a Declaration of Candidacy on August 24, 2021, pursuant to NMSA 1978, § 1-22-7(A). }. The challenge herein is brought pursuant to NMSA 1978, § 1-22-10(B), which provides that any voter may challenge the candidacy of any person seeking election at the regulur local election for the reason that the person docs not meet the requirements for the office Sought by filing a petition in the district court within seven days after the day for filing a celuration of candidacy. Venue is proper in this Court pursuant to NMSA 1978, § 38-31. RESIDENCY REQUIREMENTS FOR MUNICIPAL CANDIDATES IN A REGULAR LOCAL ELECTION . NMSA 1978, § 1-22-3(B) provides that ro person shall become a candidate in u regular focal election unless the person physically resides within the boundaries of the district or districted area in which the persoa desires to be elected or to represent and the person's record of voter registration shows that the person is both a qualified elector of the state and was registered to vote in the prea to he elected 10 represent on the date the proclamation calling a local election is filed in the oflice of the secretary of state. (emphasis added). Jed . NMSA 1978, § 1-1-7.! provides that, for the purposes of determining the residence of a person desiring to be a candidate for the nomination of election tn an office under the provisions of the Election Code, permanent residence shall be resolved in fivor of that place shown on the person's certificate of registration as his permanent residence, provided the person resides on the premises. (emphasis added), 1d.dd 7. NMSA 1978, § 1-1-7 establishes the rules for determining residency. The pertinent sections are as follo A. The residence of « person is that place in which his habitation is fixed, and to which, whenever he is absent, he has the intention to return; 7 B. the place where a person’s fumily resides is presumed to be his place of residence, bul 4 person Who lukes up of continues his abode with the inteation of remaining at a place other than where his family resides is a resident where he abides; ¥ C. 8 change of residence is made only by the act of removal joined with the inten to remain in another place. There ean be only one residence; G. aperson docs not gain a residence in a pluce to which he comes for temponury purposes aly, 8. NMSA 1978, § 1-4-5.4(3} provides that u voter's “residence” is a required clement of certificate of voter registration. 9. NMSA 1978, § 1-4-17(A) provides that a voter who hus vhunged theif residence within the same county shail complste a certificate of registration tw change his registered residence address or file a change of residence not tion with the county clerk on a posteard-type form, approved by the secret FACTUAL ALLEGATIO? 10, Eddy Arugon’s voter registration y Of state, centificate shows his ssidence as address 85 2309 Renard Place, SE, Suite 204, Atouquerqus, New Mexico. That voter registration centifieate wes aa, A 11. Ihe address of Defendant Aragon’s radio station and his business Rock of Talk, LLC, is filed on 2/24/2021. See attached voter registration certificate attached as E: also 2309 Renard Place SE but is located in Suite 202 of that building, 12, Im a recent television interview for KOB Channel 4 in Albuquerque, Aragon stated that he resides at his business location hecause he recently-eekthis house in Mey of 2021 and hes forme been unable w purchase another home in Albuquerque since that time. Upon information —— and belief, Aragon does not reside af the 2309 Renard Place SE address, 313, Defendant Aragon filed a candidate registration with the City of Albuquerque on April 21, 2021, listing his residence address as the commercial building at 2309 Renard Place SB, despite his apparent assertion in the ‘TV interview that he hut! moved into his office space after hesotahis home in May. fetee 14. Defendant Aragon filed a Statement of Candidacy in a federal election for Congressional Disirict 1 on February 4, 2021, listing the 2309 Renard Place SE. Suite 204 as his residential address, despite his assertion that he recently sold his hone and subsequently moved into his office space in May of 2021. ENA FE, SUITE 2041S NOT ESIDE! R RESIDENTIAL ADDRESS 15, 2309 Renard Place SE is a commercial building which is zoned as “NR-BP" (Non- vena Residential - Business Park) in the City of Albuquerque pursuant to the Albuquerque City Code § 14-16-2-8. See Zone Atlas page for 2309 Renard SF ottached as Exhibit #2. Non-Residential — Business Park is only permitted to bave 16. A propeny which is zoned as “{ajllowable uses include 2 wide variety of office, commercial, research, light industrial, distbution, showroom, proc: and institutional uses.” See § 14-16-2-5(B). 17. Upomrinformation and helief, Eddy Aragon is not permitted ta use the property located as 2309 Renard Place SE, and Unit 204 as a residence or dwelling, 18. Albuquerque City Code, § 13-3-1-4 defines “resident” and “residential building” as follows: RESIDENT. One or more people entitled under a rental agreement to occupy all or portion of a residential building to the exclusion of others und who actually reside(s) at such loCity of Albuquerque by directing Linda Stover to remove him from eligibility as a candidatc in the 2021 City of Albuquerque Mayoral election, and granting such other and further refief as the ‘Court may deem just and proper. Respectfully Submitted, / Thomas R. Grover Thomas R. Grover Grover Law, LLC 9400 Holly NF, Bldg. 4 Albuquerque, NM 87122 Office: (505) 695-2050 Email: thontas@grover-law.com Attorney for Petitioner Verification State of New Mexico ) ss. ‘County of Remalitlo ) The undersigned affiant, being first duly sworn, upon oath, depases and says: My name is Esther Rivera, Jam familiar with the cloims a issue in this matter. Thave read over, know, and understand the contents of the foregoing petition and the stajcments therein made are true of my own knowledge, except thase that are mace up information and belief, and to those I believe them to be true. Subscribed and swom to me this Sl dry of_Seuqusre 2021(or of ovweraue, Bereto COL, 8, Gress CF Land Many gemer, E HERE, Gain, INCRLMLNT',Inermise, NGA. USCS 1 Oxy of Abuaverous. Suresng Oeparimet, AGES Deaton | AGESserra tat suite 208 YOON aR 2809 RENARD SE ALBUQUERQUE rae tw BU Fox ror GA Te CSS UR wal Tana Se You poe age iss Fk Mae ARAGON EOWARO J tee SSS td ehacted “AO” te eyo 7 gunna above nt cage ef Sos presence