Utah Republican Party v. Herbert

Decision Date23 September 2015
Docket NumberCase No. 2:14–cv–00876–DN–DBP.
Citation133 F.Supp.3d 1337
Parties UTAH REPUBLICAN PARTY, Plaintiff, Constitution Party of Utah, a registered political party of Utah, Plaintiff and Intervenor, v. Gary R. HERBERT, in his Official Capacity as Governor of Utah, and Spencer J. Cox, in his Official Capacity as Lieutenant Governor of Utah, Defendants.
CourtU.S. District Court — District of Utah

Marcus R. Mumford, Mumford PC, Salt Lake City, UT, for Plaintiff.

Collin R. Simonsen, Gregory M. Simonsen, Fetzer Simonsen Booth & Jenkins PC, Salt Lake City, UT, for Plaintiff and Intervenor.

Kyle J. Kaiser, Utah Attorney General, David N. Wolf, Thomas D. Roberts, Salt Lake City, UT, for Defendants.

MEMORANDUM DECISION AND ORDER DENYING PRELIMINARY INJUNCTION

DAVID NUFFER, District Judge.

Utah Republican Party's ("Party") amended motion for preliminary injunction ("Motion")1 is DENIED in this order The Party seeks to stay the enforcement and implementation of Utah Senate Bill 54 ("SB54") before trial. The Party has challenged SB54 as a violation of its First Amendment rights of association and free speech and for other reasons. The parties thoroughly briefed the issues;2 and the court heard oral argument and ruled from the bench on April 10, 2015.3 The Constitution Party of Utah ("Constitution Party"), Plaintiff and Intervenor in this case, did not join in the Motion. The Constitution Party chose to participate in the Motion on only a limited basis. After a thorough review and consideration of the pleadings, motion papers, evidence, memoranda and argument and the draft order submitted by the defendants and objections from the Utah Republican Party and Constitution Party,4 this order is entered to reflect that the Motion is DENIED.

TABLE OF CONTENTS
TABLE OF CONTENTS .................................................................... 1341
                FACTUAL RECORD ....................................................................... 1341
                   A.  The Statutes at Issue ......................................................... 1341
                       SB54 .......................................................................... 1341
                       Registered Political Parties .................................................. 1342
                       Qualified Political Parties ................................................... 1343
                       Primary Elections-RPP Compared to QPP ......................................... 1343
                       Senate Bill 207 ............................................................... 1343
                       Statutory Provisions Regarding Displaying Party Affiliation on The Ballot ..... 1344
                   B.  Facts Related to the Party's Constitutional Claims ............................ 1344
                CONCLUSIONS OF LAW ................................................................... 1345
                   A.  The Party Has Not Presented A Facial Challenge To SB54 And Such A
                         Challenge Is Not Likely To Succeed .......................................... 1346
                   B.  The Party's As-Applied Challenge to SB54 Is Not Supported by Evidence ......... 1348
                   C.  The Party is Not Likely to Succeed on the Merits .............................. 1348
                       Requiring Primary Election .................................................... 1348
                       Use of Party's Symbol on the General Election Ballot .......................... 1349
                       Interference with Internal Structure of Party ................................. 1350
                       Plurality ..................................................................... 1352
                       Subsection 12(a)-QPP Required to Allow Unaffiliated Voters in Primary ......... 1352
                ORDER ................................................................................ 1359
                
FACTUAL RECORD5
A. The Statutes at IssueSB54

1. SB54, enacted by the Utah State Legislature in the 2014 General Session, modified the Utah Election Code as it relates to the nomination of candidates, primary and general elections, and ballots.6 The sections of the Utah Code that are affected by SB54 include: 20A–1–102, 20A–1–501, 20A–5–101, 20A–6–301 through 305, 20A–9–101, 20A–9–202, 20A–9–403, and 20A–9–701. SB54 also enacts new sections 20A–1–103and 20A–9–405through 410.

2. The provisions of SB54 retained Utah's caucus and convention system and supplemented the process for selecting candidates by allowing candidates to be nominated to the primary ballot when they meet threshold requirements for voter support as evidenced by a candidate gathering the requisite number of signatures.7

3. SB54 allows political parties to choose to become a "Registered Political Party" ("RPP")8 or a "Qualified Political Party" ("QPP").9

Registered Political Parties

4. Pursuant to Utah Code title 20A, chapter 8, an RPP is an organization of voters that: participated in the last regular general election and in at least one of the last two regular general elections, polled a total vote for any of its candidates for any office equal to 2% or more of the total votes cast for all candidates for the United States House of Representatives in the same regular general election; or has complied with the petition and organizing procedures of Utah Code title 20A, chapter 8.10

5. Under SB54, to qualify to nominate candidates for an upcoming election, an RPP must comply with Utah Code Section 20A–9–403. Section 20A–9–403requires an RPP to "either declare [its] intent to participate in the next primary election, or declare that the [RPP] chooses not to have the names of its candidates for elected office featured on the ballot at the next general election."11 This is done by filing a statement with the Lt. Governor no later than 5pm on November 15 of the preceding odd-numbered year.12

6. If an RPP chooses to participate in the election nomination process, it must also "identify one or more registered political parties whose members may vote" for the RPP's candidates and "whether or not persons identified as unaffiliated with a political party may vote" for the RPP's candidates.13 An individual may not file a declaration of candidacy for a RPP of which the individual is not a member.14

7. Under SB54, a candidate for elective office seeking the nomination of an RPP may gain access to that party's primary ballot by demonstrating they have a reasonable amount of party voters' support by completing a nomination petition process and obtaining certification.15

8. The Office of the Lieutenant Governor has stated that candidates for a RPP "may only collect signatures from voters who are registered with the same political party and who reside in the district or area of the office the candidate seeks. Signatures will not be counted from voters who are unaffiliated, who affiliate with other parties, living outside of the district or area, or those who are not registered.16

9. Earlier this year, SB54 was amended by the Utah State Legislature to clarify that any candidate seeking an RPP's nomination must be a member of the registered political party to appear as the candidate in the primary election, except to the extent the RPP permits otherwise under the RPP's bylaws.17

Qualified Political Parties

10. A QPP is a registered political party that: a) allows voters who have not registered with a political party ("unaffiliated voters") to vote for their party's candidates in a primary election; b) permits a delegate of its party to vote on a candidate's nomination in the party's convention remotely, or provides a procedure for designating an alternative delegate; c) does not hold the party's convention before April 1 of an even year; and d) permits members of its own party to seek nomination by either or both of the following methods: 1) seeking nomination through the party's convention process or 2) collecting signatures.18

11. Under the QPP provisions, there are two tracks for a person to become a candidate for placement on the primary ballot: 1) the convention nomination track; and 2) the signature gathering nomination track. Under both of those tracks the statute limits candidates to members of the party.19

12. On the convention nomination track, Utah Code Ann. § 20A–9–407sets forth the "requirements for a member of a qualified political party who is seeking the nomination of a qualified political party."20 The remaining provisions of that section refer specifically to "a member of a qualified political party."

13. On the signature gathering track, Utah Code Ann. § 20A–9–408sets forth "the requirements for a member of a qualified political party who is seeking nomination of the qualified political party."21 The statute restricts candidate eligibility to those who are "a member of a qualified political party."22

Primary Elections—RPP Compared to QPP

14. Regarding primary elections, SB54 provides that a participating RPP determines who may vote "for the registered political party's candidates."23 If, however, a party chooses to designate itself as a QPP, it must "permit[ ] voters who are unaffiliated with any political party to vote" for the party's candidates in the primary election.24

Senate Bill 207

15. Senate Bill 207 ("SB 207") was signed into law on March 27, 2015. SB 207 further clarifies Utah's Election Code.

16. Among other things, SB 207 clarified that "[b]efore filing a declaration of candidacy for election to any office, a person shall state:

(i) the registered political party of which that person is a member;

(ii) or that the person is not a member of a registered political party. "25

17. SB 207 further provides that "an individual may not:

(iii) file a declaration of candidacy for a registered political party of which the individual is not a member, except to the extent that the registered political party permits otherwise in the registered political party's bylaws."26

18. Accordingly, Utah's Election Code allows political parties to decide whether a candidate seeking the party's nomination must be a member of the party.

Statutory Provisions Regarding Displaying Party Affiliation on The Ballot

19. The Utah Election Code...

To continue reading

Request your trial
2 cases
  • Utah Republican Party v. Cox
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • June 8, 2018
    ...burdens were severe save for the Unaffiliated Voter Provision, which was not yet ripe for review. Utah Republican Party v. Herbert, 133 F.Supp.3d 1337 (D. Utah 2015) (" URP I"). Once the URP notified the state that it intended to become a QPP, that issue ripened and the district court grant......
  • Utah Republican Party v. Cox
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • March 20, 2018
    ...burdens were severe save for the Unaffiliated Voter Provision, which was not yet ripe for review. Utah Republican Party v. Herbert, 133 F.Supp.3d 1337 (D. Utah 2015) ("URP I" ). Once the URP notified the state that it intended to become a QPP, that issue ripened and the district court grant......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT