ST. GEORGE — While Rep. Celeste Maloy has declared victory in the race for Utah’s 2nd Congressional District, the razor-thin lead she has over challenger Colby Jenkins will most likely result in a recount and possibly further legal challenges.
FILE – Rep. Celeste Maloy, R-Utah, listens as Colby Jenkins speaks during Utah’s 2nd Congressional district debate held in June at the University of Utah, Salt Lake City, Utah, June 10, 2024 | Photo by Scott G. Winterton / The Deseret News via AP, Pool, St. George News
Only 214 votes separate Maloy and Jenkins who garnered 50.1% (53,748 votes) and 49,9% (53,534 votes) of the vote respectively. The results were certified by the state on July 22.
As the tiny silver of votes between the candidates falls within the 0.25% margin required by the state to allow a recount, Jenkins told St. George News on Friday that his camp wants to make sure everything is in order before demanding the recount that is likely to come.
“We certainly are planning to explore every legal option we can to make sure every legal vote is counted,” Jenkins said.
Jenkins has until 5 p.m. Monday to file for a recount with the Lt. Governor’s Office.
As for as legal options, those include taking the case to the Utah Supreme Court, Jenkins added.
“We feel our arguments to date have not received adequate attention or airtime before a judge,” he said. “So we are exploring that avenue.”
The deadline to appeal to the court is Wednesday, July 31, at 5 p.m.
Jenkins’ campaign recently asked a federal judge to postpone the state certification of election results for the Republican primary so ballots originally disqualified due to late postmarks might still be counted.
U.S. District Judge David Nuffer denied the request and ruled that Jenkins’ campaign did not reach the standard of evidence needed to justify halting the certification.
In this file photo, early voting gets underway at the Dixie Convention Center in St. George, Utah, Oct. 28. 2020 | Photo by St. George News
The postmark issue involves votes that were disqualified due to having late postmarks. Utah law requires mail-in ballots to be postmarked the day before the election.
However, as the mail from these counties is sent to a U.S. Postal Service distribution center in Las Vegas, Nevada, some ballots received postmarks from there either on Election Day or afterward, rending them uncountable under state law.
Jenkins told St. George News he had received an affidavit from a voter who swore they mailed their ballot on June 19, yet still received a letter from the county they lived in informing them their ballot was postmarked late and therefore void.
Elected officials in Iron and Washington counties have both expressed ire over the situation. Between those two counties alone, over 1,000 ballots were disqualified due to late postmarks.
“The greater mission right now is to make sure that every legal ballot gets counted,” Jenkins repeated. “We’re fighting to make sure this doesn’t happen again.”
For anyone in the 2nd Congressional District who mailed a ballot in before the June 25 primary election date, Jenkins is asking them to contact his campaign through his website to share their stories.
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