State Records Committee Appeal Decision 25-12

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

SOPHIE ANDERSON, Petitioner, v.

SUMMIT COUNTY, WASHINGTON COUNTY, WEBER COUNTY, IRON COUNTY, DAVIS COUNTY, GARFIELD COUNTY, PIUTE COUNTY, MORGAN COUNTY, MILLARD COUNTY, SAN JUAN COUNTY, Respondents,

DECISION AND ORDER

Case No. 25-12

By this appeal, Sophie Anderson (“Petitioner”), requests records allegedly held by Summit County, Washington County, Weber County, Iron County, Davis County, Garfield County, Piute County, Morgan County, Millard County and San Juan County ("Respondents"). 

FACTS

Petitioner submitted requests to the Respondents for certain records pursuant to the Government Records Access and Management Act ("GRAMA"). Petitioner was seeking the same thing from each county: "digital copy of all ballot images or digital transcriptions made by the county's Electronic Management System during the November 2020 Federal Election." She also sought "the tabulator tapes produced by all tabulators used in the March 2020, June 2020, November 2020, and November 2021 elections including the zero tapes printed prior to the start of the election. Also provide chain of custody documentation for any ballots not processed by tabulators as well as their vote tallies. All/every recording of video surveillance for every ballot box location during the November 2020 and 2021 elections." All the counties denied the GRAMA requests.

Petitioner filed an appeal of the denials to Respondent's chief administrative officers ("CAO’s"), who upheld the denials. Petitioner appealed the CAO's decision to the State Records Committee ("Committee"). On January 30, 2025, the Committee held a hearing where the joint requests for dismissal were addressed. There was a motion to dismiss the appeals, a second, and then a vote. It was unanimously decided that the appeals be dismissed in accordance with the courts' decision and as the courts has already ruled on them.

ORDER

In accordance with our Decision, Petitioner's appeals are hereby DISMISSED

Entered this 10 day of February 2025.

BY THE STATE RECORDS COMMITTEE

Kenneth Williams
Chair Utah State Records Committee

Committee members, Ed Biehler, Logan Wilde, Todd Sheeran, Jeffrey Marshall, and Kendra Yates voted in favor of this Decision and Order.

enclosed: Right to Appeal
                Penalty Notice

RIGHT TO APPEAL

A party to a proceeding before the Committee may seek judicial review in District Court of a Committee's Order by filing a petition for review of the Committee Order as provided in Utah Code § 63G-2-404. Utah Code § 63G-2-403(14). A petition for judicial review of a Committee Order "shall be filed no later than 30 days" after the date of the Committee Order. Utah Code § 63G-2-404(1)(a). The petition for judicial review must be a complaint, which is governed by the Utah Rules of Civil Procedure. Utah Code § 63G-2-404(2). The court shall make its decision de novo but shall allow introduction of evidence presented to the Committee, determine all questions of fact and law without a jury, and decide the issue at the earliest practical opportunity. Utah Code § 63G-2-404(6). In order to protect parties’ rights on appeal, a party may wish to seek advice from an attorney.

PENALTY NOTICE

Pursuant to Utah Code § 63G-2-403(15)(c), if the Committee orders the governmental entity to produce a record and no appeal is filed, the government entity herein shall comply with the order of the Committee and shall: (1) Produce the record; and (2) File a notice of compliance with the Committee. If the governmental entity ordered to produce a record fails to file a notice of compliance or a notice of intent to appeal, the Committee may do either or both of the following: (1) Impose a civil penalty of up to $500 for each day of continuing noncompliance; or (2) Send written notice of the entity's noncompliance to the Governor. Utah Code § 63G-2-403(15)(d)(i)(B). In imposing a civil penalty, the Committee shall consider the gravity and circumstances of the violation, including whether the failure to comply was due to neglect or was willful or intentional. Utah Code § 63G-2-403(15)(d)(ii).