‘This is not over’: Citing potential court costs, Billings withdraws House 72 recount complaint

In this file photo, staff of the Washington County Clerk/Auditor’s Office engage in a routine post-election audit, St. George, Utah, July 8, 2022 | Photo by Mori Kessler, St. George News

ST. GEORGE — Citing potential court costs, Willie Billings withdrew a legal complaint Wednesday that he recently filed to challenge the results of the Republican primary race for House District 72.

In this file photo, House 72 candidate Willie Billings disputes the results of the primary election recount during a Washington County Commission meeting held in St. George, Utah, July 19, 2022 | Photo by Mori Kessler, St George News

“This is gut-wrenching for me to announce, literally sick to my stomach all day, but after additional earnest thought and consultation with my advisers, I have decided to withdraw the lawsuit I filed that challenges the results of the primary election for House District 72,” Billings wrote in a Facebook post Wednesday.

Originally served to the Washington County Clerk/Auditor on Monday, the complaint argued that the results of the recent primary election recount showed discrepancies that, if corrected, clearly would show Billings as the winner by a sizable margin, rather than having lost to the razor-thin lead of fellow Republican Joe Elison.

Billings requested a recount once the original votes were tallied and canvassed by the Washington County Commission last month. As the results were within 0.25% of each other at 4,131 to 4,124, state law allowed for the recount. However, the recount ended with additional votes for Elison who maintained the lead.

Once the recount was complete, the clerk/auditor’s office performed an audit on the process used to conduct the count. This process included taking ballots from random batches (about 50 ballots per batch) and running them through machines again while staff compared the results recorded by the machine to those shown on the physical ballots.

Washington County conducted a similar post-election audit July 8 following the June 28 primary election that was observed by Lt. Gov. Deidre Henderson.

It is from the results of the audit recount that Billings and his supporters argue an error occurred and a recount – preferably by hand and not machine – should have been conducted to double-check the results.

It is largely due to a general mistrust of the machines used in the recount that Billings and others have called for an additional recount. These concerns echo back to the 2020 presidential election when accusations of electronic voter fraud were rampant and pushed by former President Donald Trump.

Ih this file photo, Joseph Elison speaks to Washington county Republican Party delegates during a candidate debate for House District 74 had at the Dixie Convention Center, St. George, Utah, May 19, 2022 | Photo by Mori Kessler, St. George News

The audit results, Billings claims, show him with a lead a 60/40 over Elison based on the random 3% sampling of ballots used in the audit. The county has countered this by repeating the audit focused on making sure the process was accurate, and it does not represent an accurate sampling of the overall election results.

“The anomaly disclosed in the audit conducted by the election officials using a statistically valid random sample which resulted in a 60% to 40% count in my favor, created considerable question about a 10 vote out of 8500 vote win for my opponent,” Billings wrote on Facebook. “Statisticians say such an outcome is extremely improbable.”

However, due to the cost a court battle could entail on his part, coupled with the “bottomless pit of taxpayer dollars” the government had at its disposal, Billings wrote he stood to lose tens of thousands of dollars over his own legal costs if he lost.

“This is also beyond the risk that I, or most any citizen can afford to take,” he wrote.

Despite this setback, Billings wrote that “this is not over” and will continue to push for some kind of resolution.

“There will be much to discuss in the near future,” he wrote.

Henderson, whose office oversees elections in the state, issued a statement Thursday afternoon that she was pleased to see the lawsuit withdrawn. As for Billings’ claims, she said they “fell flat.”

“Washington County Clerk/Auditor Susan Lewis and her team did a phenomenal job running this election,” Henderson said. “They deserve nothing less than praise for their public service and the honorable way they conducted the primary. Likewise, I want to commend the Washington County commissioners who objectively evaluated and unanimously certified the election results, despite political pressure to do otherwise.

“It’s time to turn down the rhetorical heat. If we want to maintain our republic and the freedom we hold dear, we need to reject unfounded accusations and fear-mongering. Undermining our public institutions for personal and political gain serves no noble purpose.”

Concerning his opponent, Billings said this issue was not about the House 72 election alone, but the county’s overall election process. It was in no way an attack on Elison, whom he counts as a friend.

“He is a good man,” Billings wrote.

Copyright St. George News, SaintGeorgeUtah.com LLC, 2022, all rights reserved.

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