State Records Committee Appeal Decision 25-19

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

LAUREN THOMAS on behalf of WEBER COUNTY, Petitioner, v.

JENNIFER ORTEN, Respondent,

DECISION AND ORDER

Case No. 25-19

ISSUES FOR REVIEW

The parties have moved the State Records Committee for entry of an order reversing the decision of the Weber County GRAMA Local Appeals Board.

BACKGROUND

A brief background of this dispute is as follows. In February 2022, Ms. Orten appealed two decisions of the Weber County Chief Administrative Officer for GRAMA Appeals ("CAOA") denying her access to Cast Vote Record Reports ("CVRs") for the June 2020 and November 2020 elections and the Project Backup Database for the March 2020, November 2020, and November 2021 elections to the Weber County GRAMA Local Appeals Board ("Local Appeals Board"). In April 2022, the Local Appeals Board held a hearing and ultimately ordered Weber County to release the records to Ms. Orten. Weber County appealed this decision to the State Records Committee. This appeal was held in abeyance pending the outcome of Orten v. Utah County. In September 2024, the Utah Court of Appeals reached a decision in Orten.

STATEMENT OF REASONS FOR DECISION

In Orten, the Court held that both CVRs and the Project Backup Database are restricted from disclosure. Orten v. Utah County, 2024 UT App 132 ¶27 & 16, 558 P.3d 900. As such, the Local Appeals Board decision, requiring release of these records, violates the Court’s decision.

ORDER

Therefore, in accordance with the above, the Committee hereby reverses the decision of the Local Appeals Board.

Entered this 6 day of March 2025.

BY THE STATE RECORDS COMMITTEE

Linda Peterson
Chair pro tem, Utah State Records Committee

Committee members, Dubovik, N., Biehler, E., Sheeran, T., Peterson, L., Stringham, H., and Marshall, J. voted in favor of and joined in 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).