WEST JORDAN, Utah — A judge has ruled that Republican candidate for governor Phil Lyman's running mate, Layne Bangerter, will not appear on the primary ballot.
"Mr. Bangerter, I’m sorry but I have no choice but to conclude that you are not eligible to serve as the Lt. Governor of the state of Utah and I cannot grant a temporary restraining order ordering the Lt. Governor to put you on the ballot," 3rd District Court Judge Matthew Bates said after a hearing Friday.
Lyman, a state representative from Blanding, overwhelmingly won the Utah Republican Party convention nomination last week, capturing 67% of the delegate vote. But his pick for Lt. Governor was rejected by state elections officials on Monday.
Bangerter, a former Trump administration official, faced questions about his residency and whether he met the qualifications. The Lyman campaign's attorney argued in court Friday that Bangerter lived in Utah for decades before moving to Idaho for a few years — then back to Utah in 2021. Cumulatively, his years of past residency made him eligible to be on the ticket.
"Layne would have been a huge asset to the state of Utah, it’s really unfortunate. We didn’t go into this flippantly. We looked at the language," Lyman told reporters outside of court.
The Lt. Governor's Office and an independent election advisor for the governor's race (because Lt. Governor Deidre Henderson herself is on the ballot) declared he did not meet the residency requirement, which demanded five years residency before an election. That prompted Lyman to sue to force his running mate onto the ballot arguing the law was vague.
"This interference with the election is inappropriate," said Chad Shattuck, an attorney for the Lyman campaign, told Judge Bates during a hearing on Friday.
But Judge Bates said case law on election controversies related to the issue are clear and Bangerter did not meet the residency requirements. Bangerter told FOX 13 News outside of court he was disappointed.
"I certainly support Phil Lyman. It’s disappointing, but we’ll abide by the judges decision and move forward with what this campaign brings," he said.
Ryan Cowley, the state elections director, told FOX 13 News that Lyman will be able to submit a new name by Monday that can go on the ballot. Lyman said he would not appeal, but instead submit a new name.
"What’s next for me? I’m campaigning tomorrow. I’m headed down to some events and we’ll have somebody picked by Monday and we’ll just move forward," he said. "We’re not sad. We’re just determined."
Lyman will face off against incumbent Governor Spencer Cox in the primary. Even though he lost at the GOP convention, Cox gathered enough signatures to earn a spot on the ballot as Utah law allows.
