Republican candidate for governor of Utah Phil Lyman and his top pick for lieutenant governor Layne Bangerter (left) enter a courtroom at West Jordan’s Third District Court for a hearing on a lawsuit seeking to include Bangerter on the primary ballot, March 3 May 2024. (Alixel Cabrera / Utah News Dispatch)
A judge ruled Friday that Phil Lyman’s top running mate choice did not meet the Utah Constitution’s residency requirements to be eligible to serve as lieutenant governor.
It’s the end of brief legal fight against the lieutenant governor’s office, which oversees state elections, to include Bangerter on the primary ballot, Lyman said. He will find a new vice presidential candidate by noon Monday, to meet the state’s new deadline for primary voting, he told reporters after the judge announced his decision.
Utah law states that a candidate for this office must have been a resident of the state for five years “immediately prior” to the election. The court’s task was to determine how to interpret the term “next preceding” as Firecrackersformer administrator and campaign manager of Donald Trump, had lived in Utah for many years throughout his life, but resided in Idaho in 2021.
Third District Judge Matthew Bates ruled in a West Jordan courtroom that previous Utah Supreme Court decisions had held that “next precedent” meant “immediately before” l election, so Bangerter did not meet the criteria for election. He also denied the restraining order filed by Lyman, who won the Utah Republican Party nomination on the campaign trail. state GOP convention last week.
“Layne would have been a huge asset to Utah State. It’s really a shame. And we have not approached this lightly. We looked at the language, obviously there were a lot of arguments for and against, and the fact that it came down against us, we consider that we accept the judge’s (decision),” Lyman told reporters. “It’s very disappointing to me personally that Layne is not my running mate.”
Bangerter agreed and said that although the judge’s decision was disappointing, they would respect it and move forward.
“That’s how it is,” Bangerter said.
Judge’s ruling puts an end to ‘election interference’ allegations
The interpretation of the term “following” resolved the conflict over whether the lieutenant governor’s office had acted lawfully while not allow Bangerter to submit his candidacy.
The issue, according to Lyman’s lawyer, was “election interference.” and whether interpreting the law would result in a delay that could cost Lyman the primary election. But the lieutenant governor’s office argued that including Bangerter’s name on the ballot would run afoul of the law.
According to Chad Shattuck, an attorney representing Bangerter and Lyman, the lieutenant governor’s office failed to take necessary action when Bangerter attempted to file for office. Employee refused to read constitutional regulations and take oath, Shattuck…
