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KARRA PORTER #5223

TODD WEILER #7671


CHRISTENSEN & JENSEN, P.C.
257 East 200 South, Suite 1100
Salt Lake City, Utah 84111
Telephone: (801) 323-5000
Facsimile: (801) 355-3472
todd.weiler@chrisjen.com
Counsel for Plaintiff Hubert Huh

IN THE THIRD JUDICIAL DISTRICT COURT

IN AND FOR SALT LAKE COUNTY, STATE OF UTAH

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,

Draper City and Salt Lake County as follows:

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

Transportation Authority as a TRAX operator.


2. Defendant City of Draper is a municipality located in Salt Lake County, Utah.

3. Defendant Laura Oscarson is the Draper City Recorder.

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,

Salt Lake County remains in possession of the ballots.

JURISDICTION AND VENUE

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

jurisdiction are proper in this Court.

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”

letter, again, had a significant mistake:

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

date on his calendar to ensure that he would be in compliance.

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”

stated the correct (August 6) deadline.

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

“in to the Admin office.”2

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

waiting for him next to the receptionist.

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

4:59 p.m. Mr. Huh had up to 5:00:59 to submit a financial disclosure.

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:

Notwithstanding [Utah Code § 10-3-208(9)(a)], a candidate who timely files each


campaign finance statement required under Subsection (3) is not disqualified if: (i) the
statement details accurately and completely the information required under Subsection
(4), except for inadvertent omissions or insignificant errors or inaccuracies; and (ii) the
omissions, errors, or inaccuracies are corrected in an amended report or in the next
scheduled report.

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

in possession and control of the ballots.

CLAIM FOR RELIEF

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.

34. Utah Code § 10-3-208(3)(b) provides:


In a year in which a municipal primary is held, each candidate who will participate in the
municipal primary shall file a campaign finance statement with the municipal clerk or
recorder no later than seven days before the day described in Subsection 20A-1-201.5(2).

35. Utah Code § 10-3-208(11) provides:

(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

held on August 13, 2019, is void and invalid.

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

by her in communications with candidates is affirmatively misleading, and a violation of due

process under the United States and Utah constitutions.


PRAYER FOR RELIEF

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

and convey the vote total and breakdown to Plaintiff’s counsel;

3. That a new municipal primary election be held by Draper City that

includes Mr. Huh as a candidate;

4. That Mr. Huh’s name be placed on the general election ballot as a

candidate for Draper City Council in November 2019;

5. That Defendants be required to convey notice of Mr. Huh’s reinstatement

in the same manner, and to the same recipients, as they conveyed the

notice of his disqualification;

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.

DATED this 19th day of August, 2019.

/s/ Todd Weiler


TODD WEILER
Counsel for Plaintiff Hubert Huh

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

matters, he believes the same to be true.

/s/ Hubert Huh


Plaintiff Hubert Huh
*Signed with permission given via email on 8/19/19

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