Ellis has provided e-mails from a go-between at Walker's former employer, Zion's Bank, detailing Walker's offer. Herbert suggested the statements from Carl Empey hindered rather than helped the case and may have put both candidates "on thin ice."

Walker has said he plans to file his own elections complaint after tonight's election, alleging that Ellis conspired to entrap him by soliciting the job offer and is misusing state resources in his campaign.

As the state's chief elections officer, Herbert must review election complaints and determine if they merit further investigation by a special counsel appointed by the attorney general's office.

Herbert said there's confusion surrounding his role as well as that of the attorney general's office. The elections code violation carries a civil penalty of removing the violator from office, he said.

Any criminal prosecution of what would be a Class B misdemeanor would have to be dealt with separately, the lieutenant governor said. Another option is for a voter to contest the election results.

Herbert said he had no second thoughts about how he handled the case.

"Clearly, it's a hot potato and I could have very easily dumped it into somebody else's lap and said, 'Ha, ha,'," he said. "But that's not right."

The lieutenant governor said his office is reviewing whether changes should be made in how such complaints are handled, suggesting one possible recommendation could be changing the law to directing them to a court instead of his office.

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