Clarification of the AG Office’s Role in Election Audits and Criminal Investigations

The following is clarification of the Utah Attorney General Office's role in election audits and criminal investigations:

First, the AGO does not audit elections; audits are the role of other government agencies.

The AGO plays a pivotal and unique role in the state government. As per the Utah Constitution, the AGO offers legal counsel to state agencies, including the Elections Office, and holds statewide criminal jurisdiction, which includes investigating election-related crimes. This unique role has been particularly significant in recent months, with several elections leading to legal challenges and allegations of criminal behavior.

Regarding the challenges to elections and petitions, our attorneys in the State Agency Counsel Division, Constitutional Defense and Special Litigation Division, and Civil Appeals have defended the state in these legal challenges.

Regarding potential criminal complaints, our investigators have reviewed allegations, including those brought to us by the Lieutenant Governor's Office, of criminal behavior related to individual signature gatherers and continue to do so. In line with the U.S. and Utah constitutions, we want to emphasize that the Utah Attorney General's Office must protect due process and the principle of innocence until proven guilty. This commitment to fairness is at the core of our legal system. Additionally, GRAMA protects the disclosure of records regarding ongoing investigations, further protecting your rights.

The accusations against the AGO and its personnel of false statements regarding GRAMA requests or collusion with the State Records Committee (SRC) are entirely baseless. Neither Daniel Burton, our General Counsel, nor Lonny Pehrson, our GRAMA Counsel, have ever been accused, let alone found guilty of, lying by a court. Both are highly esteemed by their colleagues and conduct their duties with the highest ethical standards. In addition, the SRC's history of independent decision-making regarding matters involving the AGO is well documented. The AGO does not communicate with the SRC except through public pleadings and hearings open to the public as a party to GRAMA decision appeals.