Utah Supreme Court to decide mail-in ballot postmark deadline issue
Aug 9, 2024, 7:45 PM | Updated: Aug 14, 2024, 2:54 pm
Colby Jenkins, left, sits alongside attorney Scott Young as he goes before the Utah Supreme Court in his lawsuit seeking to have late-postmarked ballots counted in his 2nd District primary race, which he lost by 176 votes, on Friday, Aug. 9, 2024. (Francisco Kjolseth, Salt Lake Tribune Pool Photo)
(Francisco Kjolseth, Salt Lake Tribune Pool Photo)
SALT LAKE CITY — The Utah Supreme Court heard arguments Friday in a case challenging the mail-in ballot postmark deadline, which by law occurs the day before an election.
At issue is the hotly-contested Republican primary in Utah’s 2nd Congressional District. A recount determined Rep. Celeste Maloy beat challenger Colby Jenkins by fewer than 200 votes. And that gave her a spot on the November ballot.
Related: Utah Supreme Court to hear arguments Friday in 2nd District GOP primary dispute
Jenkins sued over the postmark deadline. He claimed the deadline violates the Utah Constitution. Because some ballots mailed from southern Utah received a Las Vegas postmark, Jenkins argued they should have been counted. He said they were mailed on time, but got hung up in processing delays.
Attorney Anthony Ferate joked that while what happens in Vegas stays in Vegas, the same axiom should not apply to votes.
“Those ballots head down to Vegas with a good probability that they won’t get stamped the same day that they’re mailed,” Ferate said. “Maybe not even the next day, either.”
The postmark deadline and the constitutional argument
Sarah Goldberg, the assistant solicitor general with the Utah Attorney General’s office, pushed back against the constitutional argument.
She represented the lieutenant governor, whose office oversees elections. Goldberg said the only way the postmark deadline would violate the state constitution would be if that was the only way to vote.
“Your honors, Mr. Jenkins hasn’t satisfied his burden to show that refusing to count ballots that were postmarked after the deadline violates the Utah Constitution,” she said.
Related: How a software glitch delayed Maloy vs. Jenkins vote recount
She also pointed out that elections officials in every county followed state law to the letter.
“They notified voters of all methods of voting and all deadlines. [They were told] that if they chose to return their ballots in the mail, they needed to be postmarked before election day,” Goldberg said.
In a news release issued after the court hearing, the Washington County Attorney’s Office said a total of 659 ballots would fit the category outlined by Jenkins. That is, mailed before election day, but receiving a postmark after the deadline.
Of those, the office said 372 ballots went through the St. George post office. Others went through Las Vegas or Salt Lake City. Fewer than half, 244, went through the Las Vegas post office. The remaining few dozen “came from various post offices in the United States,” the release said.
“No evidence suggests that these ballots would have been processed faster had they gone to a different sorting center, e.g. Salt Lake City vs. Las Vegas,” the release said.
Making every legal vote count
Outside the hearing, Jenkins said he felt grateful for the opportunity to make his case. He told reporters his goal is to make sure every legal vote counts. And to ensure voters in rural areas are not disenfranchised by postal delays.
“I’m a combat veteran. I’ve bled in combat. I’ve had friends who’ve died so that we have this opportunity to vote and have our vote be counted,” Jenkins said. “Shame on me if I walk away from this fight.”
A campaign spokesperson said Maloy would not comment until the Utah Supreme Court issues its decision.
The justices did not indicate how soon they may rule in the postmark deadline case. But with the November ballot printing process beginning soon, they are expected to make a quick decision.
