Utah Supreme Court Interprets Election Law to Require Parties to Let Candidates into its Primary by Petition as Well as by Showing Caucus Support

On April 8, the Utah Supreme Court released this five-page opinion in Utah Republican Party v Cox, 2016-0077. It interprets Utah election law to mean that a qualified party must allow candidates into its primary if they submit a petition. The Utah Republican Party had argued that the party has a right to ignore such petitions, and only to allow candidates onto its primary ballot who show substantial support at a party meeting.

The Utah Supreme Court declined to answer the other question that had been posed to it. That other question was what should happen to the Republican Party’s status as a qualified party if it still refuses to accept petition candidates. The Court says it won’t answer that question because it is hypothetical. The Court clearly hopes and expects that the Republican Party will now change its bylaws and permit both types of candidate to run, petition candidates and caucus candidates. Thanks to Rick Hasen for this news.


Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.