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A Utah legislative candidate says she has proof that at least two ballots were cast illegally at the Republican State Convention last month, which may have improperly defeated her in a close race. But the party is declining her request for a revote now.
Heather Gardner says many shenanigans occurred that day in her challenge of Sen. Todd Weiler, R-Woods Cross.
During initial balloting, she said 151 votes were cast — but only 148 delegates were present. So the party discarded that vote. Gardner said party officials initially said a delegate apparently obtained and cast multiple ballots by signing in at different doors of the voting room.
On the second vote, Weiler won 94-61, with two votes more than he needed to win 60 percent of the vote and eliminate Gardner from a potential primary election.
But Gardner said because of numerous complaints by delegates, she launched an investigation to look at records of that second vote.
She found that one delegate from another district was improperly credentialed to vote in her race and did, which Utah Republican Party Chairman James Evans acknowledges. But Evans says that one vote would not have been enough to change the outcome.
Gardner's attorney, Christopher Finley, issued a statement Thursday that a second delegate reported missing the convention, but party records show that someone had cast a vote in his or her name. Gardner says the second illegal vote is proof that Gardner's elimination was improper.
Also, Gardner said her investigation found 20 other discrepancies in credentialing and balloting records. "The record keeping was exceptionally sloppy."
Another problem, she said, was that in the discarded first round of voting, 148 people voted. Another five late-arriving delegates were allowed to vote in the second round. So she said the total votes cast should have been 153, but it was actually 155.
"We have requested that the party conduct a new ballot vote," Gardner's attorney said in the statement, but the party had not responded.
The GOP chairman told The Tribune in an interview that the party has rejected Gardner's request, and views the convention vote as final.
Evans said that care was taken to ensure a roll call of delegates present and inspection of credentials.
Party rules call for any challenge of delegates to occur at the meeting where the voting occurred, he said.
"As far as the party is concerned, this matter is resolved because the 155 people who were there stood up when their name was called and said, 'I am this person,' they had their credential, everyone could see who they were. So there's nothing else beyond that we can do," Evans said.
Gardner said she will review her legal options — and could sue if enough time still exists to get on printed ballots before they are mailed to voters.
"I ultimately don't want to sue the Republican Party. That's not my goal. My goal is to see that everything is sorted out and clear, and really prevent this from happening in a multi-county race in the future," she said.