United Utah Party v. Cox, Case No. 2:17–cv–00655–DN–PMW
| Decision Date | 02 August 2017 |
| Docket Number | Case No. 2:17–cv–00655–DN–PMW |
| Citation | 268 F.Supp.3d 1227 |
| Parties | UNITED UTAH PARTY, an unincorporated political association of Utah citizens; Jim Bennett, an individual; Diane Knight, an individual; Vaughn R. Cook, an individual, and Aaron Aizad, an individual, Plaintiffs, v. Spencer J. COX, in his official capacity as the Lieutenant Governor of the State of Utah, Defendant. |
| Court | U.S. District Court — District of Utah |
268 F.Supp.3d 1227
UNITED UTAH PARTY, an unincorporated political association of Utah citizens; Jim Bennett, an individual; Diane Knight, an individual; Vaughn R. Cook, an individual, and Aaron Aizad, an individual, Plaintiffs,
v.
Spencer J. COX, in his official capacity as the Lieutenant Governor of the State of Utah, Defendant.
Case No. 2:17–cv–00655–DN–PMW
United States District Court, D. Utah, Central Division.
Signed August 2, 2017
Cheylynn Hayman, Parr Brown Gee & Loveless, Salt Lake City, UT, Bryan L. Sells, The Law Office of Bryan L. Sells LLC, Atlanta, GA, for Plaintiffs.
Andrew Dymek, David N. Wolf, Thomas D. Roberts, Utah Attorney General's Office, Salt Lake City, UT, for Defendant.
MEMORANDUM DECISION AND ORDER GRANTING [5] PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION
David Nuffer, United States District Judge
This case arises because former Congressman Jason Chaffetz resigned partway through his term in office for Utah's Third Congressional District in the United States House of Representatives. Plaintiffs seek to have a new political party and its candidate included on the ballot of the special election set November 7, 2017 to fill the currently vacant seat (the "Special Election").
The United Utah Party ("UUP") is newly founded. Jim Bennett is a potential UUP candidate for the vacant congressional seat. The other three plaintiffs are Utah voters (one registered Democrat, one registered Republican, and one unaffiliated) with an interest in voting for a UUP candidate for office.1
Plaintiffs United Utah Party, Jim Bennett, Diane Knight, Vaughn Cook, and Aaron Aizad ("Plaintiffs") filed a Motion for Temporary Restraining Order and Preliminary Injunction (the "Motion")2 on June 21, 2017. Plaintiffs seek to enjoin the Lieutenant Governor (the "Lt. Governor") of the State of Utah (the "State") from "failing to include the nominee of the United Utah Party on the ballot in the special election to be held on November 7, 2017, in the Third Congressional District."3 Plaintiffs contend that the Lt. Governor's Special Election deadlines and procedures (the "Special Election Procedures") effectively barred UUP or any other new political party formed in response to the vacancy in the congressional office from participating in the Special Election, which violates Plaintiffs' First and Fourteenth Amendment rights.
No temporary restraining order was issued4 because the Lt. Governor received notice of the Motion, and the parties briefed the Motion on an expedited briefing schedule.5 The parties presented oral argument at a hearing on the Motion.6
Based on the current record, a preliminary injunction is GRANTED. Under the standard for constitutional challenges to state election laws articulated by the United States Supreme Court, the Special Election Procedures violate the First and Fourteenth Amendments. 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, Mr. Bennett, from participating in the Special Election as a new political party.
Therefore, the Lt. Governor is ordered to include Mr. Bennett as the UUP candidate in the Special Election.
Table of Contents
Background ...––––1233
The Law of Congressional Special Elections ...1233
The Lt. Governor Oversees Elections and Party Registration. ...1234
Utah's Election Code Provides a Process for New Political Parties to Register. ...1234
The Lt. Governor Takes Many Actions Related to Primary Elections When a New Party is Certified. ...1236
Utah's Election Code Provides Processes for Candidate Access to the Regular Primary Election Ballot. ...1236
Utah's Election Code Provides Processes for Candidate Access to the Regular General Election Ballot. ...1237
Representative Chaffetz's Resignation Necessitated a Special Election.... 1237
The Lt. Governor Established Procedures for a Congressional Special Election.... 1238
Rationale for Lt. Governor's May 19 Order ...1239
The UUP Seeks to Organize and Participate in the Special Election. ...1240
Actions Taken Furthering Jim Bennett's Candidacy....1242
Summary of UUP and Bennett Actions ...1242
Lt. Governor Procedures—Special Primary Election to Special General Election ...1244
Only the Lt. Governor's Procedures Exclude New Parties from the Special Election....1245
The Election Office Review of UUP's Petition Was Unnecessarily Delayed....1245
Elimination of Election Office Delays Would Have Allowed Full Registration of the UUP Before the Special Primary Election....1246
The Lt. Governor Did Not Consider Participation of New Parties in the Special Election ...1248
The State Faces No Significant Burdens in Including the UUP and Its Candidate in the Special General Election....1248
Procedural Standard ...1248
Discussion ...1249
A Flexible Legal Standard Applies to Constitutional Challenges to Election Laws. ...1249
The Special Election Procedures Severely Burden Plaintiffs' Constitutional Rights....1250
The Character of the Asserted Injury: The Special Election Procedures Violate Plaintiffs' First and Fourteenth Amendments Rights. ...1250
The Magnitude of the Asserted Injury: The Special Election Procedures Severely Burden Plaintiffs' Rights. ...1252
The Interests Asserted by the Lt. Governor Do Not Justify or Necessitate a Complete Bar to New Political Party Participation in the Special Election....1253
The State Interests Identified by the Lt. Governor Are Insufficient. ...1253
The Lt. Governor Could Have Accommodated Formation of a New Political Party Before the Special Primary Election....1256
The Facts Demonstrate the UUP and its Candidate Are Ready to Participate in the Special Election ...1258
State Interests Do Not Justify Exclusion of the UUP from the Special Election. ...1259
Plaintiffs Will Suffer Irreparable Harm in the Absence of Preliminary Relief. ............1259
The Balance of Equities Is Strongly in Plaintiffs' Favor....1259
The Injunction Is in the Public Interest....1260
No Bond Is Required. ...1260
Order and Preliminary Injunction ...1260
BACKGROUND
The following factual record is preliminary, based on information as of the date of this Memorandum Decision and Order and is subject to revision based on evidence presented in any later proceedings, including trial. The record is drawn largely from undisputed facts stipulated by the parties,7 together with the Verified Complaint8 and the statements and exhibits presented in the briefs submitted in support of9 and in opposition to10 the Motion. This Order finds some facts which the parties identified as disputed.11 The disputes are resolved after considering the record and argument at the hearing.12 The parties' cooperation in developing a record in a short period of time is greatly appreciated and has greatly served the public interest.
This background section begins with an explanation of the legal framework of the Special Election, to enable the facts specific to Plaintiffs' claims to be understood in that context. There is no dispute as to the legal framework.
The Law of Congressional Special Elections
Utah Code § 20A–1–502 provides that "[w]hen a vacancy occurs for any reason in the office of a representative in Congress, the governor shall issue a proclamation calling an election to fill the vacancy." Under Utah law, the Governor proclaims a special election, and the Lt. Governor has authority to establish the Special Election Procedures.13 While Utah has an extensive election code (with procedures for general elections, special statewide elections, and local elections), there are no statutory provisions other than Utah Code § 20A–1–502 applicable to a congressional special election.14
Unlike a seat in the United States Senate, which can be filled by appointment by the Governor until the seat is filled at the general election, a vacancy in the House of Representatives can be filled only by special election.15 This odd difference between the methods of filling vacancies arises because
vacancies in the office of Representative are filled by an election mandated by the U.S. Constitution, Article I, section 2, clause 4, while vacancies in the office of Senator may be filled by appointment of the "executive" of a state, or a special election, under a process outlined in Amendment XVII, U.S. Constitution, passed in 1913. The ability of a governor to appoint a Senator, who serves a six-year term, contrasts with the requirement of an election to fill a vacancy in the office of Representative, who serves for only a two-year term. This disparity in process explains the prevalence of reported cases involving special elections for the office of Representative....
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