OPEN LETTER: Questions on City’s handling of Two Candidate Disqualifications

Written By: admin - Nov• 07•17

ELECTION DAY:  And City still leaves most CH Voters in Dark

In an email to the Cedar Hills City Manger Chandler Goodwin, and City Recorder/ Elections Officer Colleen Mulvey, the letter below was sent seeking clarifaction on WHY Cedar Hills voters have yet to be informed in an effective way that two candidates (Crosby & Navarro) have been disqualifed and whose votes will NOT be counted.  

There are a number of questions sent via email yesterday morning Monday November 6th  that have not been answered — with election morning TODAY upon us.

1.  Why would the City Recorder not have made some attempt to reach candidates by phone to confirm they understand the consequences if their filing was not received by 5:00 p.m. that day?  I am almost 100% confident that if it had been Jenney Rees, Denise Anderson, or any other “popular” candidate, that they would have most certainly been called by Ms. Mulvey — rather than relying only on email?

2.  Why did a disqualification notice NOT happen immediately at 5:01 p.m. on the October 31, 2017 deadline?

3.  Why did Mayor Gary Gygi contact candidate Crosby (and Navarro?) on the morning of Nov. 2, to encourage the financial filings be submitted?

4.  Why did the City accept & receive the financial filings from candidates Crosby & Navarro, if the candidates were already disqualified?

5.  Why did the City post candidates Crosby & Navarro financial filings if the candidates were already disqualified?

The screenshots below are NEW as of minutes ago TODAY election day, — demonstrating that the City has not taken seriously it's duty to inform the Cedar Hills Voters — in an effective way i.e. the City website www.CedarHills.org — thus RESPECTING the law and Cedar Hills voters with the latest development in what is now a historic and regretable situation. 

(IMPORTANT Note: Many CHCRG members are Crosby & Navarro supporters especially because they are the only candidates running AGAINST the Jenney Rees / Council and Friends promoted TAX INCREASE via the new PARC TAX – Prop #7 on the ballot.)

Please see the full letter and screenshots below…

_________

 

From: Ken Cromar

[Cedar Hills Citizens for Responsible Government

former elected Cedar Hills Councilman 1994 to 2000]

Subject: Questions regarding the City's notification of Disqualification of candidates – as required by Law

Date: November 6, 2017 at 11:41:29 AM MST

To: Chandler Goodwin [City Manager], Colleen Mulvey [City Recorder / Elections Officer] 

Cc: [candidates] Curt & Korlene Crosby, Maurice Navarro , Matt & Jenney Rees , Denise Andersen, Ben Ellsworth,

Gary Gygi [Mayor] , [City Coucilmembers] Daniel Zappala , Ben Bailey, Mike Geddes, Jenney Rees , Marilyn & Jerry Dearinger, Paul & Diane Sorensen , Curtis & Wanda MacPherson , Russ & Linda Fotheringham, Julie Sessions , Angela & Lars Johnson, Rob Crawley

________

 

Chandler & Ms. Mulvey,

I’m sure we will all agree that it is terribly unfortunate that two candidates (two of my personal preferences) — did not file financials in time as required by law.  

The law is the law.  Shouldn’t the candidates have been disqualified on October 31, 2017 as required by law.  Apparently the CH voter was not notified immediately — and what was done was a less effective or ineffective manner that to this moment leaves CH voters in the dark.

May I respectfully offer my elections related observation about the City's handling of the disqualification of Curt Crosby & Maurice Navarro?

According to State Code 10-3-Part 2-208 (8)  

(8) (a)  If a candidate fails to timely file a campaign finance statement required under Subsection (3), the municipal clerk or recorder shall inform the appropriate election official who:

(i)  shall:

(A)  if practicable, remove the candidate's name from the ballot by blacking out the candidate's name before the ballots are delivered to voters; or

(B)  if removing the candidate's name from the ballot is not practicable, inform the voters by any practicable method that the candidate has been disqualified and that votes cast for the candidate will not be counted; and

(ii)  may not count any votes for that candidate.

 

What the highlight above shows is that the City’s obligation was to “inform the voters by any practicable method that the candidate has been disqualified and that votes cast for the candidate will not be counted;…”.  Instead what happened was a Press Release, the title of which remarkably omits the word(s) about candidates having been disqualified.   The results were that rather than CH voters / residents being informed, — the entire State of Utah was informed at least as far as KSL readers noted it.  May I respectfully observe that for the most part Cedar Hills voters probably still have no idea because they have NOT yet been informed by practical means available to the City.

IF THE CITY’s OBJECTIVE is TO “INFORM THE VOTERS” as required by law, it seems that the more appropriate and logical thing to do is put the Candidate Disqualification notice — clearly identified as such — on the front page of the City’s website www.CedarHills.org AND within the Elections information and/or the Newsletter should have been used.  (Possibly I’ve missed the reach of some of your efforts you could point out please?)  See the various screenshots from www.cedarhills.org below.  Note that there is no “candidates disqualified” noticeable to the average reader in the screenshots. Why not?  I hope that was not intentional?

Also, while acknowledging the candidate need to be responsible for their own campaigns, I find a few points rather curious, and request your reply in writing a.s.a.p. please:

1.  Why would the City Recorder not have made some attempt to reach candidates by phone to confirm they understand the consequences if their filing was not received by 5:00 p.m. that day?  I am almost 100% confident that if it had been Jenney Rees, Denise Anderson, or any other “popular” candidate, that they would have most certainly been called by Ms. Mulvey — rather than relying only on email?

2.  Why did a disqualification notice NOT happen immediately at 5:01 p.m. on the October 31, 2017 deadline?

3.  Why did Mayor Gary Gygi contact candidate Crosby (and Navarro?) on the morning of Nov. 2, to encourage the financial filings be submitted?

4.  Why did the City accept & receive the financial filings from candidates Crosby & Navarro, if the candidates were already disqualified?

5.  Why did the City post candidates Crosby & Navarro financial filings if the candidates were already disqualified?

 

If we respect law and order in Cedar Hills — as I wish we would — it seems appropriate to ask the people in charge of insuring 100% fair and ethical elections that respects ALL Cedar Hills voters, their votes, and the protection from illegal & questionable votes — about their performance under the law.  (please – no offense intended)  Wouldn’t you agree?

Thanks in Advance for your Consideration & Timely Reply,

 

Ken Cromar – researcher for 

Cedar Hills Citizens for Responsible Government

former elected Cedar Hills Councilman

 

_1 CH Election DAY website inadequate Notice - Screen Shot 2017-11-07 at 10.13.42 AM

 

 

 

_2 CH Election DAY website inadequate Notice - Screen Shot 2017-11-07 at 10.14.21 AM

 

_3 CH Election DAY website inadequate Notice - Screen Shot 2017-11-07 at 10.14.37 AM

 

CH Election KSL website inadequate Notice - Screen Shot 2017-11-06 at 11.15.22 AM

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