State school board trio back on ballot

A judge ordered three state school board incumbents, disqualified from candidacy for missing a September financial reporting deadline, be put back on the ballot.

Ed Dalton of Tooele, Debra Roberts of Beaver and Dixie Allen of Vernal each showed they were in "substantial compliance" with the general spirit of the law, 3rd District Judge Timothy R. Hanson said at a hearing on the candidates' petition for reinstatement Tuesday.

"The more choices we have as voters ... the better," Hanson said in ordering the Lt. Governor's Office to reinstate the trio on the ballot, which would bring no additional financial burden for counties or the state elections office.

The three incumbents, represented by attorney Josh Reid, a member of the State Board of Regents and a new, non-voting member of the State Board of Education, were relieved by the decision.

"I'm pleased the priority is giving voters choices," Roberts said.

Added Dalton: "We've learned a lot."

All candidates were to have reported money they'd received and spent on their campaigns by 5 p.m. Friday, Sept. 15.

The Lt. Governor's Office said it informed the three incumbents it had not received their reports the following Monday. All three were disqualified. The Lt. Governor's Office cited case law that gave it no discretion in the matter.

The candidates were told they could petition the courts for reinstatement. They did, citing Lt. Gov. Gary Herbert as defendant.

The issue came down to whether the candidates showed "substantial compliance" with the law. "They have to make some effort to file," Hanson said.

Reid argued Allen had tried to file online but couldn't get a confirmation. When notified the office didn't have her report, she faxed the forms.

Roberts thought she had filed online and "would have filed ... had she hit the correct button," Reid said. She was shocked to receive word the Lt. Governor's Office didn't have her report and faxed the receipt she believed proved the filing.

Dalton did not file until after hearing from the Lt. Governor's Office the Monday following the deadline but had to file the next day because of difficulties in receiving his online filing password, Reid said. Dalton did not receive the office's filing deadline notice, which the Lt. Governor's Office must send to candidates 10 days beforehand, and had no contributions or expenditures.