Weber County Commission candidates sue to remove 4th hopeful from ballot

OGDEN — In a tussle involving several established names in Weber County politics, three hopefuls this election cycle for seats on the Weber County Commission have filed a lawsuit to force a fourth hopeful, James Ebert, from the ballot.

The three candidates — Richard Hyer, Katrina Gibson and Jon Beesley — also charge Weber County Clerk/Auditor Ricky Hatch with "altering the election procedures or processes" related to Ebert's varied filings to run for a commission post, unfairly enabling him a place on the ballot. They seek a "declaratory determination" against Hatch from the court, stating that he broke the law.

Ebert "failed to file compliant declarations of candidacy within the time provided because they lacked the required conflict of interest declarations or information," reads the lawsuit, filed Wednesday in 2nd District Court. Thus, the suit maintains, Ebert is "ineligible to run for a seat on the Weber County Board of Commissioners."

Ebert, for his part, rejected the charges and suggests the lawsuit — filed against him, Hatch and Weber County — may be politically motivated. "Some of my concern is that this is the strategy of politics, to try to confuse the constituents a little bit," he said.

Hatch said Ebert filed the required paperwork ahead of the Jan. 8 deadline. "After detailed reviews with our attorney's office and state code, we don't see any legitimate or legal reason to disqualify Mr. Ebert," Hatch said.

More generally, he said his office, which oversees elections, and other county officials worked hard to abide by state code and county policies during the candidate-filing process. "We're all confident that our elections team and I treated every candidate fairly and equally, with no special favors. The matter has been referred to the county attorney's office. They will respond to the court," Hatch said.

The start of mail-in voting looms, and Hyer, Gibson and Beesley want Ebert's name removed from ballots before they go out to voters starting next Tuesday. The three plaintiffs' lawyer, Matthew Koyle, said he's trying to schedule a court hearing in the matter as soon as possible.

Ebert, however, said the charges have been reviewed and dismissed by election officials, even in the Utah Lieutenant Governor's Office. He expressed confidence that his name would stay on the ballot. "I have zero concern about that," he said.

More broadly, he expressed concern about the political subterfuge he thinks may be behind the lawsuit.

"I just want people to know that this type of politics is what we don't need," he said. "If they want to argue against my policies or my ideas or my thoughts or my conservative values, then take that up with me."

As is, Gibson, Hyer and Ebert are all vying as Republicans for the County Commission A post, now held by Republican Gage Froerer, who's not seeking reelection. Duane Kearsley, not involved in the lawsuit, is also running as a Republican for the post.

Beesley is running in the Republican primary for the County Commission B seat, challenging incumbent Sharon Bolos, also a Republican. Bolos isn't involved in the lawsuit.

The varied litigants all have roots in Weber County politics and are all Republicans.

Gibson is the wife of Kerry Gibson, a former Utah House member and Weber County commissioner who previously led the Utah Department of Agriculture and Food and unsuccessfully vied in 2020 for a U.S. House post. Hyer is serving in his fourth term on the Ogden City Council. Beesley served two terms as Plain City mayor.

Ebert, for his part, served a term in the County Commission A seat from 2015 through 2018, losing in the GOP primary in 2018 for reelection. Hatch, who unsuccessfully ran for the Utah state auditor's post in 2024, is now in his fourth term as Weber County clerk/auditor and vying for a fifth term this cycle.

'Not timely submitted'

The lawsuit charges that Ebert should be removed from the ballot in his County Commission race because when he filed his candidacy for the post on Jan. 2, he didn't include a conflict-of-interest disclosure statement. The lawsuit cited state code requiring that declarations of candidacy and conflict-of-interest forms be filed at the same time.

The lawsuit goes on to state that it's not clear if Ebert, in trying to address the situation, filed a new declaration of candidacy with the required conflict-of-interest disclosure or if he just filed a conflict-of-interest disclosure to be attached to his original filing.

The lawsuit further charges that Ebert received "favorable treatment" from Weber County officials and staff, singling out his wife, Steffani Ebert, and Hatch. Steffani Ebert serves as Weber County comptroller within the Weber County Clerk/Auditor's Office and reports to Hatch, who oversees election matters in the county, according to the lawsuit.

The suit maintains that Hatch violated state law by accepting Ebert's declaration of candidacy without the required conflict-of-interest disclosure. Gibson filed a complaint on the matter with Hatch's office, and Hatch acknowledged on April 24 that the disclosure statement was missing and had been corrected, according to the lawsuit.

In a statement to KSL, Hatch said that when Ebert filed his candidacy on Jan. 2, he wasn't provided a conflict-of-interest form, an accidental oversight. "Our staff notified him that they had neglected to give him the form to sign, so he completed the conflict of interest disclosure online on Sunday, Jan. 4," Hatch said.

Though Steffani Ebert isn't a defendant, the lawsuit accuses her of using her position "to secure special favors" for her husband and engaging in political activities on behalf of her husband during work hours. The lawsuit mentioned two Jan. 8 emails Steffani Ebert sent to Hatch related to her husband's candidacy — actually text messages, according to James Ebert — and charges that Hatch allowed her to work on her husband's campaign during work hours.

In one of the messages, Steffani Ebert tells Hatch her husband will be amending his candidacy declaration and in the other one, she asks him if he's completed the task, according to the lawsuit.

Steffani Ebert didn't respond to a query seeking comment, but James Ebert defended her and rejected accusations that she somehow used her position to benefit his candidacy. She's worked for the county for 32 years, starting as a booking clerk, and plans to retire in December.

"I want people to know that Steffani has done nothing but try to be a great public servant," he said. "She's been nothing but a positive asset to the county, and to continually try to destroy that for political gain is everything that politics shouldn't be."

Hatch rejected allegations he somehow worked with Steffani Ebert "to secure special favors" for James Ebert.

"I have never and will never secure special favors for anyone, whether they be an employee, an employee's spouse, a candidate, friend, other person or myself, for that matter. Doing so would be anathema to my oath of office and my personal dedication to public liberty and personal integrity," Hatch said.

Hatch also defended Steffani Ebert. "After extensive discussions with the county's legal and HR departments, we confidently and unanimously agree that Mrs. Ebert has not done anything illegal or improper. She did not try to secure any special favors and did not violate state law or Weber County policy," Hatch said.

The GOP victor in the race for the commission post will face Forward Party hopeful Gary New and Democrat Alvin Thurgood. Only Republicans Beesley and Bolos are vying for the B seat.

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