The day before the Utah Elections Office released the results of a special investigation of Attorney General John Swallow regarding violations of Utah Election Code, Swallow resigned.

Even though Swallow said he was innocent of any wrongdoing, he said the toll on him, his family and the State of Utah was too much.

Utah Governor Gary Herbert released this statement: “I received a letter of resignation from Utah Attorney General John Swallow this morning. John’s decision is in the best interests of his family, his constituents and the State of Utah. I call on the Republican State Central Committee to convene as soon as is practical and send me three names to consider for appointment to the vacancy created by this resignation. Until I make that appointment, I have asked Major General Brian Tarbet to ensure the duties of the Office of the Attorney General are performed.”

Mark Thomas, Director of Elections, said in a statement: “In light of the announcement by Attorney General John Swallow, the Elections Office will review its effect on the ongoing special investigation and will release the final report once it is complete.”

The results of the special investigation: “The applicable statute explicitly contemplates civil, not criminal, penalties, including removal from public office.

Through this investigation, special counsel has obtained sufficient evidence to establish probable cause to believe that Swallow violated one or more of the following provisions of Utah Code § 76-8-109(4)(b): 

•Check City and Softwise reasonably should have been disclosed under subsection (4)(b)(v) as providing more than $5,000 in income to Swallow within the year before his filing.

•P-Solutions reasonably should have been disclosed under subsections (4)(b)(iv), (v), (vii) and/or (x) as providing more than $5,000 in income to Swallow within the year before his filing, because he reasonably can be construed as acting as an officer, director, or formal advisor to P-Solutions, and because P-Solutions reasonably can be considered his wife’s employment or occupation given her position as the sole manager after March 15, 2012. 

•SSV Management reasonably should have been disclosed under subsections (4)(b)(iv), (vii), or (x) because Swallow reasonably can be construed as acting as an officer, director, or formal advisor to SSV Management, and because SSV Management reasonably can be considered his wife’s employment or occupation given her position as the sole manager after March 15, 2012. 

•Guidant Strategies reasonably should have been disclosed under subsection (4)(b)(v) as providing more than $5,000 in income to Swallow within the year before his filing. 

•RMR Consulting/Richard Rawle/Chaparral Limestone & Cement Company reasonably should have been disclosed under subsections (4)(b)(v) and (vii) as providing more than $5,000 in income to Swallow within the year before his filing and because Swallow reasonably can be construed as acting as an officer, director, or formal advisor to these entities. 

The Lt. Governor will now review the final report and determine if any further action is necessary or required by the statute.”