ACLU: Room to improve Ogden elections

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OGDEN -- Errors by poll workers and inappropriate actions by supporters of Mayor Matthew Godfrey marred last year's Ogden mayoral election, the ACLU said in a report released Friday.

The ACLU concluded that, while no laws were broken, the spirit of the election was violated by inappropriate actions, including unnecessary voter challenges and poll worker errors.

Godfrey dismissed the report as ridiculous. "It's laughable. The credibility of the report is lacking."

The 17-page report details the results of the ACLU investigation into complaints of irregularities in the November election that pitted Godfrey against then-City Councilwoman Susan Van Hooser. Godfrey won by 449 votes.

Allegations to the ACLU involved inappropriate use of voter challenges, denial of provisional ballots, voter intimidation and electioneering by Godfrey supporters.

As part of its probe, the ACLU interviewed several Ogden voters, Weber County election officials, Van Hooser and Godfrey.

The report said 146 voters were challenged in the election. In addition, of the 1,646 provisional ballots cast, 478 were rejected, the report says.

It also states 180 of the 478 rejected votes were not counted because the voter was not registered, but the remaining 298 were discounted because of technical or other errors.

Provisional ballots may be cast by voters whose right to vote is challenged at the polls. If the challenge is rejected, the vote is counted; if the challenge is upheld, the vote is discarded.

The ACLU report also details specific complaints of electioneering and voter intimidation by Godfrey supporters.

For example, the ACLU said it received complaints that Godfrey's family members were present in at least one polling location and greeted voters by name.

"While not a direct violation of Utah election law, voters stated that the presence of these individuals made them feel uncomfortable," the report said.

"Voters indicated that this presence gave the impression that the mayor and his family were inappropriately involved in the election process itself."

Godfrey said the family member the ACLU referred to is his brother. He said there is no allegation his brother did anything wrong, only that his mere presence made voters uncomfortable.

"I find it amazing that they can say my family members don't have the right to be at the polls," Godfrey said.

He also criticized another complaint in the report that alleged his posters and other election materials were present at polling locations and visible to voters.

"It's a total fabrication," he said. "It's obvious to everyone at those locations that it's untrue. It's ridiculous to make such a claim."

Godfrey seemed unconcerned during an interview that his actions or those of individuals associated with his campaign created even the appearance of impropriety, the ACLU said.

"Instead, he dismissed most of the complaints we brought to his attention as merely responses from people who bore him a grudge," it said.

"Our review of the complaints reveals a different story. We find that Ogden voters had legitimate concerns that their right to vote was inappropriately compromised and their general voting experience was unsatisfactory."

The ACLU also said, based on its examination of voting records, many of the voter challenges filed in the weeks leading up to the mayoral election were without merit.

"Many of these challenged voters had voted in the same location in previous elections without incident," the report said. "Others had simply moved down the street, and thus remained in the same voting precinct, but were nonetheless challenged as ineligible to vote."

The ACLU said it received several complaints of poll worker error.

For example, some voters reported they were turned away from polls because workers claimed they were unable to establish voter identity, even when voters were able to provide a current driver's license and identification card, the report said.

The ACLU said it decided against suing because state law permits a legal challenge only if the outcome of the election would change.

The ACLU said it has instead decided to work with state lawmakers, the lieutenant governor's office and county clerks to draft legislation to rectify problems encountered by Ogden voters.

Weber County Clerk/Auditor Alan D. McEwan said he looks forward to working with the ACLU on election-relatedlegislation.

The ACLU supported two election-related bills sponsored by state Rep. Neil Hansen, D-Ogden, during the 2008 legislative session. Both bills failed.

House Bill 175 called for incomplete provisional ballots to be corrected within 48 hours of being cast.

The bill also limited the ability for voter challenges to be manipulated by requiring challenges by nonelection officials to be filed well in advance of the election. It also would allow the challenged voter to demonstrate eligibility before Election Day.

"Resolving questions of voter eligibility before an election prevents voter intimidation and reduces unnecessary confusion and effort on the part of poll workers," the ACLU report said.

The ACLU also supported House Bill 317, which would have allowed individuals to register and vote on Election Day.

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