On March 20, the Tenth Circuit handed down a decision in Utah Republican Party v Cox, 16-4091. The issue was the state law that says parties that want to have their labels on the general election ballot, next to the names of their nominees, must allow individuals to petition onto that party’s primary ballot. The Republican Party does not want anyone to be allowed to petition onto its primary ballot. Instead, it wants all individuals who want its nomination to show substantial support at a party convention. The Republican Party doesn’t object to having a primary, but it wants only individuals who showed strength at such a convention to be on the primary ballot.

Judge David Ebel, a Reagan appointee, upheld the state law, just as the U.S. District Court had done. Judge Carlos Lucero, a Clinton appointee, agreed. Judge Timothy Tymkovich, a Bush Jr. appointee, dissented and would have held that freedom of association allows the Republican Party to exclude primary petitioning candidates.

All three judges agreed that the number of signatures needed to get on the Republican primary ballot for legislature is not unconstitutional, even though they are very high: 2,000 for State Senate and 1,000 for State Representative. Although they felt the petitions are perhaps unreasonably difficult, they said that doesn’t matter, because there is another way to get on to the primary ballot (showing strength at a party convention). Also they said that the party isn’t injured by those difficult petitions requirements. They left the door open to the possibility that a petitioning candidate might prevail. Thanks to David Billings for the news about the decision.