Beruflich Dokumente
Kultur Dokumente
HUBERT HUH, :
: VERIFIED PETITION TO SET ASIDE
Plaintiff, : MUNICIPAL PRIMARY ELECTION
-vs- : RESULTS
:
LAURA OSCARSON, an individual, :
DRAPER CITY, a political subdivision of : Case No. ______________________
the State of Utah, and SALT LAKE :
COUNTY, a political subdivision of the : Judge ________________________
State of Utah, :
Defendants.
Plaintiffs Hubert Huh hereby complains and alleges against Defendants Laura Oscarson,
PARTIES
1. Plaintiff Hubert Y. Huh is a resident of the City of Draper in Salt Lake County,
Utah. Mr. Huh is a Korean-American veteran of the U.S. Army who now works for the Utah
4. Defendant Salt Lake County is a political subdivision of the State of Utah, and
counted the ballots for Defendant Draper City’s primary election. Upon information and belief,
5. The events giving rise to this action took place in the City of Draper. The ballots
were counted and are currently being stored in Salt Lake County, Utah. Accordingly, venue and
ALLEGATIONS
6. In June 2019, Mr. Huh filed a declaration of candidacy for one of three open seats
on the Draper City Council. Mr. Huh felt strongly about his candidacy, and was proud to be the
only non-Caucasian candidate. Among other things, Mr. Huh’s stated legislative goals included
implementing a “district” system to the City Council so that different areas of the city are
represented equally.
7. On July 19, 2019, Defendant Oscarson mailed a letter to City Council candidates
regarding the deadline for their “final Campaign financial reports.” After mailing this letter,
Defendant Oscarson realized that it had a material mistake: It referred to candidates’ “final
Campaign financial reports” when it should have referred to “the first Campaign reports.”
8. Later that same day, Defendant Oscarson sent an email to candidates directing
them to ignore the mailed letter when it arrived because “there was an error on it,” and that she
was attaching the “corrected” letter. Defendant Oscarson’s July 19, 2019, email stated:
You will receive a Financial Disclosure reminder in the mail in the next day or so.
There is an error on it, it states the “final Campaign financial reports” when it
should say the “first Campaign reports”. I have attached the corrected letter.
I’m sorry for the confusion this may have caused.
9. The letter attached to Defendant Oscarson’s July 19, 2019, email stated that it was
the “official notice” of candidates’ financial statement requirements. However, this “corrected”
In accordance with Utah Code Annotated § 10-3-208(3)(b), this letter shall serve
as official notice of Municipal Election financial statement requirements. The
first Campaign financial reports are due by Thursday, August 8, 2019. All
reports must be received in my office at 1020 East Pioneer Road, Draper, Utah,
84020 no later than 5:00 p.m. on that date.
Please do not hesitate to contact me with questions or concerns at 801.576.6502
or email me at laura.oscarson@draper.ut.us.
10. The “Thursday, August 8” deadline was in bold lettering. Mr. Huh marked that
11. According to the Draper City Mayor, Ms. Oscarson realized her newest mistake
later that same day. Unlike with her earlier mistake, however, Ms. Oscarson did not send an
email to correct the incorrectly stated deadline, let alone anything calling immediate attention to
this latest error. Instead, according to the Mayor, for unexplained reasons Ms. Oscarson simply
placed a letter in the mail. Mr. Huh does not have a copy of this letter.1
12. Ten days later, on July 29, 2019, Ms. Oscarson sent an email with the subject line
Campaign Finance Disclosure “reminder.” Neither the subject line nor the body of the email
mentioned that the earlier “official notice” had an incorrect date. The body of the “reminder”
13. Mr. Huh saw the word “reminder” and sent a thank-you response.
14. On August 6, 2019, about an hour before the deadline, Defendant Oscarson sent
an email to the candidates (time stamp listed as 3:58:23). The email stated that the Campaign
Finance Disclosure was due that day by 5 p.m., and that it could be emailed before 5 or brought
15. At the time of that email, Mr. Huh was in a meeting and not checking his email.
After leaving the meeting, Mr. Huh was driving his car at about 4:45 p.m. when he received a
phone call from an acquaintance, state representative Jeffrey Stenquist. Mr. Stenquist asked Mr.
Huh if he had turned in his financial disclosure. Mr. Huh stated that he had not, that he still had
two more days to do so. Mr. Stenquist then told Mr. Huh that the deadline was August 6.
16. Prior to 5:00 p.m., Mr. Huh called Defendant Oscarson and told her he was
driving to the city building to make his financial disclosure filing. During that call, she made no
effort to provide resources or assistance to help correct her error and facilitate a timely filing.
17. The City Recorder’s office is located within Draper’s Administrative Office.
1
Mr. Huh recalls seeing two letters from Defendant Oscarson (as contrasted with emails): the
“corrected” letter attached to the July 19, 2019, email, and the incorrect letter that arrived in the
mail a day or two later that Ms. Oscarson had directed him to ignore.
2
Utah Code § 10-3-208(10) provides: “A campaign finance statement required under this section
is considered filed if it is received in the municipal clerk or recorder's office by 5 p.m. on the
date that it is due.”
18. Mr. Huh hurried to the Administrative Office, where he saw Defendant Oscarson
19. Mr. Huh told Defendant Oscarson that he was there to make a financial
disclosure. Defendant Oscarson responded that it was “5:01,” and that Mr. Huh was disqualified.
20. Mr. Huh was devastated, and asked if there was anything he could do. Defendant
Oscarson said no, that it was 5:01, and that he was disqualified.
21. Defendant Oscarson was incorrect as to the time. The clock in the administrative
office was approximately 2 minutes and 30 seconds fast. On Thursday, August 15, 2019, counsel
for Mr. Huh sent two private investigators, Jason K. Jensen and Michelle Palmer, to the Draper
City office building. Prior to entering the building, the investigators checked the time against the
United States Naval Observatory, which operates a Master Clock that provides the precise time
to the GPS satellite constellation run by the United States Air Force. Mr. Jensen and Ms. Palmer
entered the building and went to the administrative office. As Mr. Jensen spoke with the
receptionist, Ms. Palmer filmed a clock on the wall in the administrative office. As the time
changed from 3:41 p.m. to 3:42 p.m., the clock in the administrative office showed a time of
approximately 3:44:30.
22. When Defendant Oscarson stated that it was “5:01,” it was actually approximately
23. Defendant Oscarson incorrectly told Mr. Huh that he had already been
disqualified, that there was nothing she could do, and directed him to contact the Lt. Governor’s
election office.
24. Draper City later stated that, even if Mr. Huh had arrived on time (as he did), he
still would have been disqualified because he did not have the proper “form” with him.
25. Draper City was not permitted to require that Mr. Huh submit his financial report
on a specified form. Utah Code § 10-3-208(3)(b) requires only that a candidate file a “campaign
finance statement,” which can be on in any written form on any piece of paper.
26. Under applicable law, Mr. Huh could have written out a good faith disclosure and
then later amended it, including by submitting the City’s preferred form. Utah Code 10-3-
208(9)(b) provides:
27. The City’s preferred form indicates that it can be used to file an amendment:
28. On primary election day, sample ballots hanging at polling stations in Draper
showed a red strike through Mr. Huh’s name and the word “DISQUALIFIED” in big, red letters.
29. Based on Defendant Oscarson’s determination that Mr. Huh was disqualified, Salt
Lake County did not count the votes that were cast for him. To date, Salt Lake County remains
30. All paragraphs of this complaint are incorporated as though fully set forth herein.
31. Defendant Oscarson sent erroneous information to Mr. Huh regarding the August
8, 2019 deadline to file his disclosures, and Mr. Huh received that information.
32. Mr. Huh reasonably relied on the erroneous information provided to him by
Defendant Oscarson.
33. At no time prior to the deadline did Defendant Oscarson attempt to contact Mr.
Huh in person to try to correct her error to ensure that he understood that the August 8, 2019
deadline was a mistake, and that the actual deadline was two days earlier, on August 6th at 5 p.m.
(a) A private party in interest may bring a civil action in district court to
enforce the provisions of this section or an ordinance adopted under this section.
(b) In a civil action under Subsection (11)(a), the court may award costs and
attorney fees to the prevailing party.
36. The Draper City Recorder incorrectly refused to permit Mr. Huh to submit
financial information up to 5:00:59, incorrectly advised Mr. Huh that he was disqualified,
incorrectly told Mr. Huh in response to his questions that there was nothing he could do,
incorrectly disqualified Mr. Huh, incorrectly informed all voters from the evening of August 6,
2019, through primary day (August 13, 2019), that they could not vote for Mr. Huh, and
incorrectly refused to count any previously cast votes for Mr. Huh, all in violation of Utah Code
§ 10-3-208.
37. At all material times, Defendant Oscarson was acting in the course and scope of
her employment with the City of Draper, and as the city’s agent with respect to receipt of
financial disclosures.
38. Due to the Defendants’ violations of Utah Code § 10-3-208, the primary election
39. Defendant Oscarson’s refusal to accept any financial disclosure statement from
Mr. Huh was a violation of his due process rights under the United States and Utah constitutions.
40. Defendant Oscarson’s inconsistent methods for correcting material mistakes made
Mr. Huh requests the following relief, in their totality or in the alternative:
1. That Salt Lake County be ordered to retain the ballots during the pendency
of this litigation;
2. That Salt Lake County be ordered to count the ballots cast for Mr. Huh
in the same manner, and to the same recipients, as they conveyed the
6. That Mr. Huh be awarded attorney fees and costs in connection herewith;
and
7. All other legal and equitable relief to which the Court finds him entitled.
Plaintiff’s Address:
14056 South Old Saddle Road
Draper, Utah 84020
VERIFICATION
STATE OF UTAH )
:ss.
COUNTY OF SALT LAKE )
Hubert Huh, being first duly sworn upon oath, deposes and states as follows: That he is
the Plaintiff in the above-captioned matter; that he has read the foregoing VERIFIED PETITION
and that he understands the contents thereof, and that the same is true of his own personal
knowledge, except as to those matters stated upon information and belief, and as to those