Lt. Gov. Henderson releases statement on the withdrawal of House District 72 lawsuit in Washington County

SALT LAKE CITY (Aug. 4, 2022) — “I’m pleased to see the withdrawal of the House District 72 lawsuit. Premised on a flawed analysis that neglected key facts, the lawsuit’s accusations fell flat. Ballots in this election were counted and publicly audited twice. Each audit confirmed the accuracy of the election results.

“Washington County Clerk/Auditor Susan Lewis and her team did a phenomenal job running this election. They deserve nothing less than praise for their public service and the honorable way they conducted the primary. Likewise, I want to commend the Washington County commissioners who objectively evaluated and unanimously certified the election results, despite political pressure to do otherwise.

“It’s time to turn down the rhetorical heat. If we want to maintain our republic and the freedom we hold dear, we need to reject unfounded accusations and fear-mongering. Undermining our public institutions for personal and political gain serves no noble purpose.

“Moving forward, I’m hopeful every person who puts their name on a ballot commits to helping instill confidence in our elections whether they win or lose. There is always room for improvement. We’ll work with anyone who engages with us in good faith to bolster security, voter access, and public confidence in our elections.”

CONTEXT: Utah law requires county clerks to invite the public as election officials thoroughly test voting equipment through logic and accuracy testing and audits before and after elections. For the 2022 primary election, the Washington County Clerk’s Office conducted pre-election testing, processed and counted the ballots cast by eligible voters, audited the tabulating equipment and signature verification, and canvassed the results. 

The election in House District 72 fell within seven votes. After a candidate requested a recount, every ballot was re-scanned and re-tabulated. Following the recount, the county conducted an additional audit on batches consisting of 3% of the ballots. The county evaluated more than 1,000 ballots, matching the physical paper ballot with the scanner’s tabulations. Every single ballot matched.

A July analysis produced for the lieutenant governor by William Christensen, a professor of statistics at Brigham Young University, stated “the lawsuit’s calculation is erroneous and misleading.”