On August 2, U.S. District Court Judge David Nuffer issued an injunction, putting the United Utah Party’s nominee for U.S. House on the ballot in the special election set for November 7, 2017, in the Third District. United Utah Party v Cox, 2:17cv-655. The order says the special election procedures, which required a party to have been ballot-qualified by May of this year, are unconstitutionally early. It says, “The Constitution guarantees the freedom to associate in political parties for the advancement of beliefs and ideas. The state’s interests do not require or justify effectively barring UUP and its candidate, Jim Bennett, from participating in the Special Election as a new political party. Here is the 50-page decision. This is the first constitutional ballot access case any minor party or independent candidate has won since April 2017.
The most interesting part of the decision starts on page 30. On page 35, the decision rejects the idea that Bennett should simply have qualified as an independent candidate, which the deadlines permitted him to do. Page 39 says that the state interest in saving election administration costs cannot overcome the right for new parties to form. Page 41 rejects the idea that allowing a new party on the ballot will lead to “factionalism.” The decision even says that factionalism is reduced when new parties are allowed to participate.
