U.S. District Court Judge Hints that Utah’s Primary Election Law is Unconstitutional

On Tuesday, October 27, oral arguments were held in U.S. District Court in Utah, in the Republican-Constitution Party lawsuit against the law on how parties nominate candidates. The judge said he is inclined to find the law unconstitutional. See this story. It is not clear which provision is in greater jeopardy. The two challenged procedures are: (1) forcing parties to let candidates on their primary ballot who have little support at a party caucus; (2) forcing parties to let independent voters vote in their primaries. The law says parties that don’t allow these things can still run nominees, but the nominees must petition to be on the November ballot in the same manner as independent candidates. Utah only requires 1,000 signatures for statewide independent candidates and smaller numbers of signatures for other office.


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