Judge Shawn R. Howell ruled against former Wasatch County School Board candidate Tom Stone’s case Wednesday that claimed an unjust disqualification from the Nov. 5 election. Stone, who was winning in votes, was disqualified from the race more than a week after Election Day due to a clerical issue. He was notified of his candidacy’s elimination on Nov. 14, when Wasatch Clerk-Auditor Joey D. Granger posted a letter explaining the situation to the county website. At an evidentiary hearing Wednesday, plaintiff attorney Todd Weiler argued that Stone should have been reminded of his duty to submit his candidate General Report financial disclosure by the required deadline. Weiler argued that because Stone was left off of the reminder email sent by Granger, he should have been permitted a 24-hour grace period and a $100 fine to amend the error.All candidates’ General Report financial disclosures for the Wasatch County School Board race were due by Oct. 29. Stone submitted his disclosure on Oct. 31. Weiler said Granger should have disqualified Stone prior to Election Day, when she received the late submission. “By not disqualifying him then, she deprived him of getting a court review,” Weiler argued. The defense attorney, Shelby Thurgood, said that it was not a required for Granger to remind Stone of his duties as a candidate. Thurgood presented Stone’s declaration to run as a candidate for the Wasatch County School Board as evidence in the case, where Stone signed and agreed to submit documents and required information by the required due dates.Judge Howell ruled in favor of the clerk-auditor after hearing witness statements from Stone and Granger and the arguments from Weiler and Thurgood.“I think human error was on parade here,” Howell said. “The court finds that reminders are a courtesy but not a requirement … What she (Granger) was clearly required to do was disqualify him.”Howell cited Utah statute 17-16-6.5, which states that while the county clerk may choose to send a notice of a delinquent report to the candidate, the clerk shall disqualify the candidate if the candidate fails to file within 24 hours after the deadline. Howell said that the difference between “may” and “shall” supported her interpretation of the law. “I do appreciate truly as a human the reasons Mr. Stone gave in having a human experience on the 29th, but it is just simply not provided in the statutory language,” Howell said. “I find that in asking the court to craft exceptions that are not included is asking the court to go outside of its role. … I feel I have no grounds to do anything but deny the motion.” Howell tasked Thurgood with preparing an affidavit for the assignment of attorneys fees and costs, and said that “we may find ourselves with an oral argument with attorneys fees.”Granger’s letter on Nov. 14 stated Stone, who was vying for the Wasatch School Board District Seat E, had “been disqualified and the county will no longer count any votes for this candidate.” At that time, 962 ballots were left to be counted, and Stone held a lead of 134 votes against his opponent, Bradley Ehlert. Granger disqualified another candidate in a separate letter on Nov. 14 for the same clerical issue. Randall Lund, candidate for Wasatch County School Board Seat F, was disqualified in the race against his opponent, Kim Dickerson, who, at that time, held 48% of the vote. While Stone pushed for certification of the election to be stalled until further examination could be completed, Howell’s ruling against Stone’s petition signifies a true victory for Ehlert, who is now presumed to take the seat. The post Heber judge seals defeat for disqualified school board candidate appeared first on Park Record.