SALT LAKE CITY — Congressional candidate Colby Jenkins has filed a formal challenge to the results of the 2nd Congressional District GOP primary.
In a petition filed with the Utah Supreme Court and shared with FOX 13 News, Jenkins' lawyers ask the justices to order ballots to be counted that were declared invalid or had late postmarks. The Jenkins campaign argues that ballots mailed before the mail-in voting deadline were sent to an out of state U.S. Postal Service processing center in Las Vegas, where they were postmarked after the deadline.
Jenkins' attorneys argue that those ballots should be counted and the state has done nothing about it.
"As a result of Defendants failure to address the processing and postmarking delay, approximately 1,171 Utah residents – who exercised their right to vote – will be disenfranchised," campaign attorney Scott Young wrote.
Jenkins told FOX 13 News in an interview on Monday he would petition the state's top court.
Jenkins is asking the Utah Supreme Court to order counties to count all the mail-in ballots that were rejected. If granted, that could potentially change the results of the 2nd Congressional District race. Jenkins lost the GOP primary by 214 votes to incumbent Congresswoman Celeste Maloy. He has formally requested a recount — as he is allowed to do under the law — and counties have begun re-tabulating ballots. That will take about a week.
He is not the only candidate to challenge the results of the primary election. Republican candidate for governor Phil Lyman has also sent a petition to the Utah Supreme Court, contesting his loss to incumbent Governor Spencer Cox. Election returns show Lyman lost by 37,525 votes to Cox in the GOP primary.
