SALT LAKE CITY — A judge will decide whether to put Phil Lyman's choice for his Lt. Governor on the upcoming June primary ballot.
During an emergency hearing on Thursday, 3rd District Court Judge Matthew Bates said he would entertain arguments from Lyman's attorney, who is seeking an injunction to force Layne Bangerter onto the ballot. An independent election advisor overseeing the governor's race (Lt. Governor Deidre Henderson is herself on the ballot and has recused herself) determined Bangerter did not meet the residency requirement. That prompted Lyman and Bangerter to sue.
Lyman's lawyer has argued that Bangerter has lived in Utah in the past, meeting the five-year residency requirement. Most recently, Bangerter had been living and voting in Idaho, before moving back to Utah.
"We disagree as to the interpretation of Utah law," Lyman's attorney, Chad Shattuck, told the judge on Thursday.
The Utah Attorney General's Office, representing the state elections office, said the issue is a "straightforward legal argument" that blocks Bangerter from being put on the ballot.
The judge said he would hear further arguments and make a decision on Friday afternoon. That is the deadline for ballots to be finalized for the June Republican primary. If Bangerter is not allowed on the ballot, Lyman would be forced to choose someone else — but it is unclear if that name would even be on the primary ballot.
Lyman emerged from Saturday's Utah Republican Party convention with 67% of the delegate vote, eliminating incumbent Governor Spencer Cox as the convention's nominee. But Cox will appear on the ballot anyway, as he also gathered enough signatures to earn a spot on the ballot, which Utah law allows.
