SALT LAKE CITY — A judge has declined to void the results of the Wayne County Commission GOP primary, despite finding the victor's wife — who is also the county's deputy clerk — used her position to campaign for her husband.

The ruling came after state election officials filed a suit last month alleging Deputy County Clerk Coral Brinkerhoff illegally helped her husband, Republican candidate David Brinkerhoff, win the election, requesting the results of the election be overturned.

Backing the allegations were Lt. Gov. Spencer Cox and Coral Brinkerhoff's boss, Wayne County Clerk/Auditor Ryan Torgerson.

"Mrs. Brinkerhoff not only failed to be careful in separating her work on (her husband's) campaign from her duties as county clerk, but improperly used her position to benefit (his) campaign," 6th District Court Judge Lyle Anderson concluded Thursday.

The judge ruled against voiding the election, however, because evidence showed Coral Brinkerhoff's actions potentially impacted 45 votes "at most," and her husband defeated his opponent, Gary Hallows, by 55 votes.

"Therefore, while Mrs. Brinkerhoff's actions are troubling and have probably undermined the public's confidence in the election, the court cannot find that the malconduct was sufficient to change the results of the election," the judge said.

While there's no way to determine how many votes the deputy actually influenced, the judge said she obtained voter registration forms without paying for them, inappropriately created copies of voter affiliation letter responses and "not only accepted them after the deadline set by her office, but went out and actively sought them out," even though she knew only in-person affiliations were allowed at the time.

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State alleges Wayne County clerk manipulated primary to help her husband win

State election officials are suing to contest the results of the Wayne County Commission Republican primary last month, claiming the victor was illegally helped by his wife, who is also the county's deputy clerk.

In order to vote for David Brinkerhoff, voters would have to be affiliated as Republican since the GOP holds closed primaries.

The judge also concluded Coral Brinkerhoff used the voter registration database to identify voters that had not yet affiliated or voted and contacted them.

"This caused the voters unease regarding the secrecy of their votes and some chose not to vote as a result," Anderson wrote in his ruling. "Each of these actions constitutes at least improper behavior and, in some cases, dishonest and wrongful behavior."

Phone calls to the Brinkerhoffs were not immediately returned Friday.

Coral Brinkerhoff's boss, Torgerson, said his deputy has been on administrative leave since the lawsuit was filed, and she continued to be Friday. He declined to comment on the ruling or whether she would keep her job.

Mark Thomas, state election director, said he anticipates Coral Brinkerhoff won't keep her position, though that decision is up to Torgerson.

"Having the trust and confidence of the voters and having them believe in the integrity of the system is paramount in everything we do," Thomas said.

He applauded the judge for his ruling, acknowledging that proving Brinkerhoff's actions were sufficient to change the outcome of the election "was a tough hurdle to overcome."

"At least we were able to find this malconduct and bring it to light," he said, noting state election officials will be working with other clerks in Utah to ensure "these type of improprieties don't happen again."

"Now we need to look at criminal charges," Thomas added, though he didn't know the status of the criminal investigation that has been underway.

Wayne County District Attorney LeEllen McCartney did not immediately respond to phone calls Friday to determine if investigations have been concluded.

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