"I'd like to see [Weiler] prosecuted. I'd like to know where this came from. … I know campaigns are bare knuckle and fisticuffs. I get that. I'm trying not to run that kind of campaign," Johnson said in an interview this week. "I think the person that accessed it and anyone who is part of that daisy chain that gave it to Todd needs to be prosecuted, because it was done purposefully."
The document in question included Johnson's address, date and place of birth, the last four digits of his Social Security number and other information. Most of the information, with the exception of his partial Social Security number and birth information, is available on his candidate-filing form.
The information should have been redacted by the Salt Lake County clerk's office, but it was not. Notwithstanding the oversight, Johnson's campaign said Herbert's camp shared the document "maliciously" and Weiler failed to remove the post for days.
Weiler acknowledges that he posted an image of the form in two Republican Facebook groups, but he said he thought it was a public document when he did.
"I got a screen shot texted to me, and I looked at it and thought it was a voter registration form," he said. "All I know is someone, and I don't know who it is, someone filed [an open records] request and that was produced to them in a legal process. It may have been a mistake. I didn't illegally obtain it, and when I was contacted and asked to take it down, I did."
Johnson said it took Weiler days to take down the document after he asked him to do so in a meeting at the Capitol.
Weiler would not say who texted him the document or whether he had been interviewed by the attorney general's office. He has hired a lawyer, prominent defense attorney Ed Brass.
Herbert's campaign spokesman, Marty Carpenter, said the campaign came across the record while researching Johnson's history as a Republican.
"We heard a rumor Jonathan Johnson was not a registered Republican. Rather than spreading a rumor, we requested a copy of a public document from the county clerk, which did, in fact, verify he did not register as a Republican," Carpenter said.
Johnson said the reason the box wasn't checked was because he was already registered as a Republican and his secretary filled out the renewal. Voting records show he has been a registered Republican since he first registered in Utah in 2000, said Salt Lake County Clerk Sherrie Swensen.
The records request was part of a broader opposition research effort — commonplace in political campaigns — conducted by an outside consultant.
Carpenter acknowledged that a member of the Herbert campaign staff shared the document with Weiler, but did not publish it more broadly. Because it had been obtained through an ordinary records request, there was no reason to believe that sharing the information would have been a problem.
State records law specifically classifies as "private" the portion of a voter registration form that includes an individual's driver license number, the last four digits of the Social Security number, an email address and the applicant's birth date.
The information should have been redacted from the document by the clerk's office, but it was not when it was provided to Herbert's research consultant in October.
It is a class B misdemeanor for a public employee or individual with access to a private record to intentionally release the information. There is no indication it was intentional.