August 24, 2020 Re: Addressing Election Issues Lt. Governor's Office. The year 2020 marks the hundred-year celebration of an impartant milestone in the Uniled States when approximately half of the US. population was given the right to vote. Utah led the way to the passage of the 19th Amendment and has provided its citizens with a long-supported right to vote, as wellas the corollary right to participate in the candidate selection process through a caucus convention system. Unfortunately, COVID-19 interrupted this election process. Access to the ballot was nel achieved for both citizens and candidates. ens were denied access to the ballot in the following ways: 1. Utah has long enshrined in its legal code the requirement that political parties include in their constitution and bylaws “a procedure for selecting party candidates at the federal, state, and county levels that allows active participation by party members.” U.C.A. 20A- 8-401 (2X(e) (emphasis udded), One of the most foundational elements of Utah's political process was cancelled in its entirety - the neighborhood eaucuses. Caucuses were simply not held, despite clear requirements in the constitution of the political parties that such caucuses be held every even numbered year (in aceordance with Utah code). See, e.g, Republican Party Constitution, Ant. XH, See. 1{4). 2. Utah citizens were denied the ability to participate in the candidate selection process, a Fight that is so closely tied to the constitutional right to vote that it is hard, af not impossible. to separate the two rights. 3. Utah Citizens desiring to run as a dclegate were denied the potential opportunity to vote at convention as they could not run to be a delegate. ‘Candidates were denied access to the ballot in the following ways: 1. Delegates from 2018 were used. many of which had become delegates to vote specifically for a candidate during the 2018 election nd which were a 2020 candidate, Delegate lists provided by the State and County parties were incomplete. Furthermore. delegate lists were updated frequently leading up 10 the convention with the final list emailed 3 hours after voting had begun (in violation of the voting process: see. e.2.. Republican Party Constitution, Art. XII, Sec. 1(E3)). 3. Candidates did not receive complete delegate contact information (See, ¢.g.. Republican Party Constitution, Art. XII, Sec. 1(E4)). 4. Candidates were unable to meet with delegates, hold live townhulls, participate in debates, reach many delegates via phone, cmail, or text (as the list changed often). with no guarantee that delegates watched the video of candidate speeches (Sev, wg. Republican Pany Constitution, Art. XII, Sec. 2(F)). HEPWORTH LAW, LLC www. Austinl lepworthl aw.c '620 | Austin’@ AustinHepwor aw.comPuge |2 3. Personal and campaign donation funds were used to gather signatures, which attempts were ultimatcly thwarted by COVID 19 limitations, and/or used to attempt to reach the delegates at incorrect information via mailers. texts, emails, phone calls, flyers, ete There were muny logal issues that arose during the primary process, with most of them remaining unaddressed. Rights of citizens, delegates. and candidates were violated during this time Regardless of whether these were simply a response to Covid-19 or otherwise, the primary lections in 2020 were significantly marred hy these issues, as recagnized even by a Federal Court im Utah that reviewed a smalll portion of the issues in the case of Garhett v. Herhert et al. COVID 19 has impacted the elections in Utah, Recently, the Utah Legislature fully recognized this in SB 6007 and specifically tasked the Lieutenant Governor's with the obligation to help inform Utahns of how voting will occur this year. SB 6007 also tasks the Lieutenant Governor with assisting Utahns with disabilities. With COVID 19, it is especially important to help those with disabilities in voting in this election. Due to this, we write today, secking in good faith for our elected officials to help correct issues that have already arisen, and that may sill arise as Utah moves closer to the election, For the upcoming election, Marei Cineen Campbell (Utah Senate District 23) will register as a write-in candidate. The write-in candidate option is available for times such as this: as a check and balance when unforeseen circumstances inhibit the traditional pathways to the ballot: as COVID 19 has affected the 2020 election process. he major However. the write-in candidate process is often overlooked in the efforts to cducate citizens on their rights. As the Licutenant Govemor oversees the elections, we are asking the Lieutenant Governor fo work to help remedy the issues that arase previously, as well as properly educate Utahns on all of their election rights. To help remedy the issues that arose from cancelling caucuses and removing the citizens’ righ to participate in sclecting candidates, and to help edueate Utahns on all of their election rights this coming election, we are asking that you provide the following: L.A list the names of registered qualified write-in candidates included in the envelope with the mail out ballots and poll locations (font size equal to ballot). Qualiffed write-in candidate names in the voter information packets. Utah law recognizes these candidates as viable candidates bul often does not treat them the same as candidates wha were selected from the caucus system. Due to the citizens being cut out of th candidate selection process when caucuses were cancelled, we feel this is am important pizce to help restore the eitizen’s right to participate in the selection of candidates. 3. Write-in candidate instructions on the ballot, along with the instructions for votin; the other candidates. 4. Written instructions for county clerks to accept write-in candidate votes based on the ‘uent of the voter rather than correct spelling or handwriting discrepancies. We further request that a standard be set across the Slate. so that each county follows the same rules for determining inte Suspend the application of U.CA, §20A-3a-206(1}(b) as a means to help those with disabilities or other conditions fully take part in this election. Additionally, the signature Herworrn Law, LLC www. Austin lepworthLaw.com 801.550.7620 | Austin’@ AustinEepworthLaw.comNan requirement on the ballot should allow for an individual’s signature to be verified if their signature does not match their original signature. This will assist individuals in the following circumstances with voting 8. Individuals who huve suffered strokes, conditions associated with aging, or other conditions that affect their ability to write the same as they did before, or write at all ina legible fashion. If these individuals have signatures that now look different than when they registered to. vote, their ballots may be rejected by thy County Clerks, Additionally. if they cannot write legibly any longer. they would have no means to vote fora write-in candidate. This would unfairly impact those with these conditions; b. Older individuals who do not have aecess to, or the ability to easily use, technology to assist in learning about the candidates and issues: ¢. Individuals who need assistance filling out ballots. but who are too worried to go to an in person voting location due to COVID 19 concerns: and d Individuals who have dyslexia or other conditions that prevent them from curately writing a candidate's mame on the ballot. Because of the limitations of the caucus convention system due to COVID 19, the wide range of needs of Utahns. and the rights of Utahns tw fully participate in all stages of the election process, itis necessary to help restore the citizen voice ahead of the general election. Listing the names of write-in candidates in the mail in the ballot and providing other voter information and rights, such as the ability to affix a sticker or label when they cannot write, will help to restore publie in confidence in the system and properly educate Utahns of theirrights during this critis is time to act to help remedy these serious issues that undermine public confidence and support the election process. We are asking for you to respond to this letter by September 7. 2 to the information below. 020. You may email your response Sineer Marei Gréen Campbell Austin Hepworth Utah Senate District 23 Hepworth Law, LLC Lge pes Kyle F, Reeder fa Cannon Cannon Law Group, PLLC Herworrn Law, LLC www Austin! lepworthLaw.com, 801.550.7620 | Austin@ AustinHlepworthLaw.com