The Utah Supreme Court is set to hear a significant case regarding the contested GOP primary election results.
According to the Washington Examiner, the court will evaluate Colby Jenkins’s concerns about 1,171 mail-in ballots that were not counted in his race against Rep. Celeste Maloy.
On June 25, the Republican primary election between Colby Jenkins and Celeste Maloy was extremely close, ultimately leading to a recount. The recount revealed that Maloy had a narrow lead over Jenkins, with a difference of only 176 votes.
However, Jenkins raised concerns about 1,171 mail-in ballots that were not counted because they missed the postmark deadline. Jenkins asserts that not including these ballots is a violation of the state's constitution, specifically pointing to Article I, Section 17.
Colby Jenkins's legal team has been actively pursuing various avenues to ensure the contested ballots are counted. Prior to this, Jenkins's campaign requested a federal judge to count these ballots, but the judge denied the request.
The lieutenant governor’s office, which oversees election procedures, has weighed in on the matter. In a brief filed on Wednesday, Lt. Gov. Deidre Henderson's office emphasized that state law clearly mandates that ballots must be postmarked by the deadline to be valid.
Lt. Gov. Henderson’s office stated: “While the Respondents are sensitive to the issues in this case and find it unfortunate that some voters’ ballots were not postmarked on time, they do not and cannot control the Postal Service. Nor can they ignore the clear dictates of the law. The ultimate responsibility for ensuring that a ballot is returned on time lies with the voter.”
Jenkins argues that excluding the late-postmarked ballots infringes upon the constitutional guarantee of free elections as contained in Article I, Section 17. He points to the historical context of the provision, emphasizing its importance in maintaining the integrity of the electoral process.
Jenkins remarked, “Take a look at the Utah Constitution, Article I, Section 17… from 1896! ‘All elections shall be free, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.’ Including the post office.”
The case will be reviewed by the Utah Supreme Court justices during oral arguments scheduled for Friday morning. Jenkins hopes that the court will recognize the constitutional implications and rule in favor of counting the 1,171 ballots.
The outcome of this case could have significant implications for future elections in Utah. If the court rules in favor of Jenkins, it could set a precedent for how mail-in ballots with late postmarks are treated in subsequent elections.
Meanwhile, Utah election officials stand firm on the importance of adhering to current laws. They stress that it remains the responsibility of voters to ensure their ballots meet the deadline requirements to be counted.
To summarize, Colby Jenkins's challenge regarding 1,171 uncounted ballots will be heard by the Utah Supreme Court following a closely contested primary against Rep. Celeste Maloy. The state insists on adhering to postmark deadlines, while Jenkins claims this violates constitutional provisions. The outcome of the case may influence future election procedures.
