Last Updated 7/9/24, 9:12PM
By Tracie Sullivan, for Iron County Today
Following intense scrutiny and debate over the validity of over 400 late-postmarked mail-in ballots, the Iron County Commission voted 2-1 on Tuesday to certify the 2024 primary election results.
Iron County Commissioner Paul Cozzens expressed reservations during Monday’s meeting regarding certifying the election results, citing concerns over the processing of the ballots.
As a result, the commission delayed certification for a day to explore legal flexibility that might allow inclusion of the contested ballots.
Iron County Clerk Jon Whittaker explained during the meeting that he had concerns that the ballots in question may have been mailed by the June 24 deadline but, due to late processing by the United States Postal Service, bore postmarks dated June 25, rendering them ineligible to count.
Whittaker highlighted logistical challenges in the processing of ballots from Southern Utah’s 847 area code, routed through Las Vegas before returning to final destinations. This setup, intended to streamline operations, inadvertently caused delays affecting numerous voters.
Emotions ran high as Whittaker underscored the impact on over 400 voters whose ballots were excluded due to postmark technicalities. He passionately defended election integrity, asserting that without clear evidence to support counting the late-postmarked ballots, certifying the results aligned with election law.
Iron County Attorney Chad Dotson advised the commission that while there may have been an issue with the processing, the law is clear that the ballots must be postmarked prior to June 25. His legal advice was echoed by officials in the Lieutenant Governor’s office, who agreed with the interpretation of the law.
“The law is clear,” Dotson stated. “Without irrefutable evidence that these ballots were mailed before the deadline, the commission has no choice but to certify this election.”
Despite legal advice and alignment from officials in the Lieutenant Governor’s office and legislators, Cozzens abstained from certifying the results on Tuesday, citing concerns about potential voter disenfranchisement.
“In matters like these, what is legal isn’t always right,” Cozzens asserted. “Today, it’s more crucial to send a message that elections matter and every vote counts, rather than simply rubber-stamping a flawed process. Therefore, I cannot in good conscience certify this election.”
Commissioner Mike Bleak, while voting to certify, voiced frustration with the situation.
“This sucks,” Commissioner Mike Bleak said at Tuesday’s meeting. “At the end of the day, we’re a nation of rules that is governed by the rule of law, and in this particular case, the rule of law is very clear and there is no wiggle room.”
Sheriff Ken Carpenter, voting in Commissioner Marilyn Wood’s absence, expressed reluctance but emphasized the necessity of certifying the canvass to safeguard the votes of more than 9,000 voters.
“By not certifying this canvass, we put at risk the other 9,000-plus voters and possibly disenfranchise them,” Carpenter said. “As much heartache as it gives me to see 400 ballots that I think were legitimately cast, we don’t have the hard, fast evidence to support counting them. In order to protect the sanctity of the vote in our county, I believe we have to approve this canvass.”
In response, Cozzens challenged Carpenter’s assertion, doubting any judge would invalidate the remaining votes.
“I challenge that a little bit. I don’t think any judge in the world would do that. I really don’t. I could be wrong, but I don’t think that would hold up,” Cozzens said.
Later in an interview with Iron County Today, Dotson concurred, suggesting the votes likely wouldn’t have been invalidated but said there would have been potential lawsuits from the state or campaigns, necessitating costly litigation.
While the votes will not count, Cozzens requested that the clerk’s office send out affidavits to all 415 disqualified voters to give them an opportunity to state when and where they mailed out their ballot and any additional information they feel is important. Those letters will be sent this week.
The controversy surrounding the ballots spurred Rep. Rex Shipp (R-Cedar City) to move for legislative change by opening a bill file aimed at the 2025 legislative session. His proposed bill seeks to mandate in-person voting, restricting mail-in ballots to those requested by voters.
“This bill and similar ones have been proposed before and failed,” Shipp remarked. “But I’m hopeful that the issues in Iron County and Washington County during this primary will bring enough attention to election integrity to finally get it passed.”
Meanwhile, at the Utah County canvass, supporters of Republican gubernatorial candidate Phil Lyman sought to delay certification pending resolution of his election-related lawsuits against incumbent Gov. Spencer Cox’s campaign.
Despite these efforts, the Utah County Commission unanimously voted to certify the primary election results.