Utah 2nd Congressional District Mail-In Ballots Rejection Challenge (Federal Court)

Lawsuit filed by a GOP candidate for Utah’s 2nd Congressional District, Colby Jenkins, and eight voters against Utah Lt. Gov. Diedre Henderson (R) and 13 counties challenging the rejection of approximately 1,171 mail-in ballots cast on or before the June 25 Republican primary election. In Utah, mail-in ballots must be mailed and postmarked or otherwise received by the U.S. Postal Service (USPS) before Election Day to be counted. Mail-in ballots are sent to two different USPS Area Distribution Facilities to be postmarked and processed depending on the county they were cast in, one located in Salt Lake City, Utah (ADF SLC) and the second in Las Vegas, Nevada (SCF Las Vegas). The plaintiffs allege that ballots which were mailed before the June 25 Republican primary election were postmarked by SCF Las Vegas after the election and therefore not counted in the primary. They claim the counties’ lack of action to address this postmarking delay violates the 14th Amendment and state law. The plaintiffs seek a temporary restraining order to stop the certification of the June primary so all affected voters can have the opportunity to  cure their ballots. They also ask the court to order that counties accept mail-in ballots that were cast on or before the June primary, but postmarked by SCF Las Vegas after the election.

On July 19, 2024, the district court denied the plaintiffs’ motion for preliminary injunction and temporary restraining order. The certification of the June 25 Republican primary election will not be postponed.

RESULT: On Aug. 22, 2024, the plaintiffs voluntarily dismissed their case. The mail-in ballots rejected for being postmarked after the June 25 Republican primary will not be counted.

Last updated: August 23, 2024 10:22 am EST