JUDGE FINDS SALT LAKE COUNTY CLERK SHERRIE SWENSEN “FULLY AND COMPLETELY” COMPLIED WITH ELECTION LAW; DISMISSES REPUBLICAN MAIL-IN BALLOT LAWSUIT
Salt Lake City, UT—Following a one-hour hearing, Third District Court Judge Robert Faust today dismissed a lawsuit filed on November 1, 2018, by two Republican candidates for elected office. The lawsuit alleged—incorrectly—that Salt Lake County Clerk Sherrie Swensen did not timely mail ballots to tens of thousands of Salt Lake County voters in advance of tomorrow's 2018 General Election.
Noting the two candidates might have been "confused," Judge Faust found that Ms. Swensen "fully and completely" complied with Utah Election Law by mailing out almost 500,000 ballots on October 8 and by mailing additional ballots between then and October 31 as additional voters registered to vote, or previously registered voters corrected their voter information to include a current address. All told, the Salt Lake County Clerk has mailed out almost 532,000 ballots, one to each active registered voter in the county.
Following the verdict Ms. Swensen said, "We have always gone above and beyond to ensure that every Salt Lake County voter has ample opportunities to vote—whether by mail-in ballot, at an early voting location, or in person on election day. It is truly unfortunate that this lawsuit, which appears to have been politically motivated, caused people to doubt whether their ballots would be received and if their votes would be counted. This lawsuit is a disservice to the voters of Salt Lake County."
Salt Lake County District Attorney Sim Gill, whose deputies Adam Miller and Bridget K. Romano represented Ms. Swensen at today's hearing, agreed. "This lawsuit was an unfounded and unnecessary distraction from the important issues raised in this election cycle. For 28 years as the Salt Lake County Clerk, Sherrie has consistently provided excellent service to Salt Lake County voters. We are grateful Judge Faust agreed this year is no exception."
Ms. Swensen also noted her office has already seen record voter turnout for a mid-term election. As of today, 52% of Salt Lake County voters had already returned their ballots.
DA Gill and Ms. Swensen are deciding whether to seek reimbursement to the taxpayers of attorney fees and costs incurred in connection with the suit.
Those wishing to vote in person, either later today or on election day, can look up early voting locations and election-day polling locations on the Salt Lake County Clerk's website. All election-day polling locations are open to every voter, regardless of residence location. Valid identification is required.