Utah County Attorney David Leavitt sent a memo Friday to Josh Daniels, Utah County clerk/auditor, putting perceived election improprieties into question — most notably with Orem’s Proposition 2.

The memo references Taylor Williams, deputy clerk/auditor, being the campaign director for Stronger Together, the political issues committee opposing Proposition 2. The proposition seeks to make Orem its own school district, breaking ties with Alpine School District.

“Stronger Together hired Taylor Williams to offer campaign consulting in August. We selected him because of his strong experience working on political campaigns, including propositions in Utah County,” said Keith Wilson, a financial officer with Strong Together. “Before offering employment it was fully disclosed that Taylor was employed by the Utah County Clerk’s Office. We also ensured that he was allowed to work on our campaign in his personal time.”

Leavitt’s memo states, “(Williams’) involvement with the campaign presents a serious conflict of interest in the administration of the election and needs to be addressed.”

Leavitt noted that government offices occasionally have no choice but to work around conflicts, real or potential.

“I appreciate Leavitt’s legal advice,” Daniels said. “We’re implementing many of his suggestions.”

Daniels added that, “Taylor has never been over the ballots. His job is more administrative in the offices.”

The memo, according to Daniels was more legal advice and Leavitt wanting the county to be above board on the issue.

“However, I have real concerns about your chief deputy’s political activities related to Proposition 2 and the effect those activities have already had and will yet have on the public’s perception of the election’s integrity,” Leavitt wrote.

An Orem resident himself, Leavitt noted the efforts made to sequester Williams from some election administration activities, but said he feels those efforts are insufficient to overcome the reality that Williams supervises every employee charged with the tasks of ensuring the fairness of the electoral processes.

“That supervisory role, in my judgment, cannot be worked around and needs to be altered since his outside employment as a paid consultant opposing Proposition 2 places his independence in administering the election severely in question,” Leavitt said in the memo.

“Maintaining the highest standards of election integrity demands that we take measures to correct both actual conflicts of interest and perceived conflicts of interest,” he added.

While timing would warrant more facts and details, Leavitt notes the general election is just days away and an immediate response is necessary.

Leavitt suggested three things happen:

1. Provide documented evidence that Daniels approved Williams’ outside employment and activities.

2. Amend the organizational chart within the Clerk/Auditor’s Office “so that no election duties of your office have any supervisory connection with your chief deputy,” while ensuring that Williams “does not have access to the ballot center and computer systems that contain election information.

3. Work to make sure there are no “irregularities” with the election administration surrounding Proposition 2.

To his third point, Leavitt wrote, “I suggest this be accomplished by a) tallying the count, to date, of Proposition 2, keeping a record of that count and then not using the count as it represents ballots counted while the chief deputy held supervisory duties over the elections processes and personnel; then b) recounting the ballots of Proposition 2 and using that count as that count will have been taken after your chief deputy is removed from supervising election processes or personnel.”

But some with past and present experience with overseeing elections say Leavitt’s advise runs afoul of the law, particularly item No. 3.

“It’s an incredibly bad idea and I don’t think it’s even legal,” Utah County Commissioner Amelia Powers-Gardener said.

Gardner was the Utah County clerk/auditor prior to her joining the County Commission. She noted that policies and procedures having to deal with conflicts of interest are already in place.

“This memo was poorly thought out. There are other ways to achieve best practices without violating the law,” Gardner noted.

Rozan Mitchell, Utah County elections director, has said on several occasions that steps have been taken with Williams to make sure he is not connected with election ballots or counting them.

“He has not had access to the ballots, I can tell you with 100% confidence,” Mitchell said. “I know he did not handle or process any ballots.”

As for recounting ballots before the election, setting them aside and recounting, Mitchell agrees with Gardner.

“The law doesn’t give me authority to recount at this point,” Mitchell said. “We are moving forward with the election as it should be.”

Mitchell and Gardner both note the process will be to count all the ballots and if the threshold is within the percentage for a recount, then a recount will happen.

Mitchell also noted that Cissy Rasmussen, a member of Stronger Together, has inquired about being a poll watcher, which is an option for any resident who gives their name, signs in and wears a badge of identification.

Gardner also said that even after a recount, the law would allow for all of the ballots with Proposition 2 on them could be retallied again — if needed.