Town & County

County Clerk threatens to toss out 21 binders of petition signatures

County clerk set to reject almost 2,000 signatures while sponsors maintain the validity of every packet and prepare to file a formal injunction.

PARK CITY, Utah – Referendum sponsors were notified Wednesday, Feb. 19 by County Clerk, Eve Furse, that 21 of 25 recently submitted packets containing the signatures of thousands of Summit County voters may be thrown out due to what the county said is a technicality involving how the packets were allegedly bound together.

With 11 days of the signature-gathering window left, sponsors of the referendum announced Thursday that they will be filing a formal injunction against the county’s claims that the packets are invalid.

Utah Code, Furse explained, requires the sponsors to ensure that the signature pages are bound as part of a packet that a person can open to sign, as explained in section 20A-7-604.

“The binding must occur prior to the signing,” Furse wrote. “If you have evidence that would show the packets had been bound prior to their being
signed, we would be happy to consider that, and if persuaded, verify those packets.”

Summit County voters sign the referendum petition on the hood of a truck outside Macey’s market. The packet binder being signed by a woman at right contains a copy of the referendum petition with the text of the law that is the subject of the referendum. At left a man signs a signature sheet from the packet to add his name to the referendum petition. (TownLift)

Furse said the signatures will not be counted unless sponsors can prove proper binding of the packets.

Alternatively, the county suggested, sponsors could contact all of the people who signed and re-obtain signatures so that they could be counted.

“You could recontact them and have them sign in a bound packet. We would not consider those individuals as having signed the petition twice,” Furse’s email said.

Along with the notice, Furse included photographs published by the Park Record, KPCW and TownLift showing what the county said was evidence that protocol was not followed.

“Given the pictures in the coverage from the press, showing that signature sheets had been separated from packets, and then seeing that 21 of the packets had hole punched across the top, which the ones in the photos seem to have as well, I couldn’t figure out how to count those, to ensure that they had been circulated in a way as required by the law,” Furse told TownLift.

Sponsors of the referendum to file injunction

On Thursday, the seven sponsors of the referendum said they would be filing a formal injunction against the claims that the binders were not presented correctly.

“We are pursuing a formal injunction which will be filed timely fashion,” an email sent to Furse and Summit County Manager Shayne Scott said.

The sponsors said that Section 20A-7-604.5 makes clear the duties of the clerk, which include confirming packets are received in timely fashion, confirming and counting signatures, checking to see attestation pages are signed by registered Summit County voters, and forwarding signatures on to the Lieutenant Governor’s office.

“Using circumstantial ‘evidence’ gleaned from social media and the press to challenge the validity of packets is not within the duties of the clerk as stipulated by the code,” referendum sponsors said.

The Utah code makes no mention of the need for a packet to be permanently bound.
Section 5 (b) of the code states: “The sponsors or an agent of the sponsors shall create referendum packets by binding a copy of the referendum petition with the text of the law that is the subject of the referendum and no more than 50 signature sheets together at the top in a manner that the referendum packets may be conveniently opened for signing.”
Utah law addresses the interpretation of contract language, emphasizing that terms should be understood according to their plain meaning. However, if the wording is unclear or can be interpreted in more than one way, Utah law says that the uncertainty should benefit the person being challenged.
The referendum underway in Summit County is in the signature gathering stage. It aims to put a controversial Summit County Council decision on the ballot in November of 2025, which would give voters the chance to overturn council’s 4-1 decision to approve the amended development agreement between Summit County and Dakota Pacific Real Estate that would allow an 850 unit housing project to be build in Kimball Junction.

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