Colby Jenkins refiles challenge to state law over mail-in ballot deadline

Editor’s note: We updated this article to accurately reflect the nuance of the Utah Supreme Court’s dismissal, allowing Colby Jenkins to refile his petition after correcting the appropriate paperwork. We sincerely regret the error.

SALT LAKE CITY — Colby Jenkins, a Republican candidate for the 2nd Congressional District, already refiled his petition the Utah Supreme Court rejected earlier today. 

The challenge was sent back because some of the paperwork for Jenkin’s case was incorrect. The campaign has since fixed the issue and refiled the petition.

Jenkins petitioned to allow late ballots to be counted in his primary election race against Rep. Celeste Maloy, R-Utah. He challenged the certification of the election and asked the court to let over 1,100 late ballots count toward the primary election. 

Jenkins’ attorneys argued voters in Southern Utah should have been warned about the possibility of processing delays with the mail service. He argued that, because of those delays, the votes should still be counted.

In the first count, Jenkins lost to Maloy by 214 votes. The Utah Supreme Court’s decision came as a recount of the 2nd District GOP Primary votes was underway.

That recount, also requested by Jenkins, continues.

This is a breaking story and will be updated. 

Related:

• Colby Jenkins files petition with Utah Supreme Court to challenge primary election
• Judge rules against Colby Jenkins’ uncured ballot lawsuit
• Fewer than 200 votes separate Maloy, Jenkins