Republican lawmaker contests Utah’s election process in fight to upend governor

A Utah state representative is challenging Gov. Spencer Cox (R-UT) in the state’s Supreme Court after losing his primary race to the Republican governor. 

Republican Phil Lyman filed a lawsuit requesting the state’s highest court to “annul the June 25, 2024, primary election” and rename himself as the Utah Republican Party nominee for governor.

During the Utah Republican Party Nominating Convention in April, Lyman secured more than 60% of the delegate vote, earning him a spot on the GOP’s gubernatorial primary ballot. 

Cox also met the state’s qualifications to appear on the primary ballot, albeit through a different process. There are several pathways for a candidate to put their name on the ballot in Utah, according to state law SB54.

Both a party caucus, which was the route Lyman took, and a signature gathering initiative, which Cox selected, are viable options for candidates to gain access to primary ballots. The incumbent governor collected the necessary 28,000 signatures from registered Republicans, legally assuring him a place on the ballot. 

The two Republicans went on to duel during the primary election, where Lyman suffered a crushing defeat to Cox. In June, the governor handily won the election 58% to 42%.

More than a month later, Lyman’s challenge to the election results alleges the Utah Republican Party’s “internal process” should have enabled him to skip the primary election, due to his strong performance during the nominating convention. His lawsuit requests the court to designate all candidates who received 60% of the party’s caucus vote as the nominee on the general election ballot.

“Although SB54 created two paths to the Primary election, it did not change the internal procedures of the party that if a single candidate achieves over 60% of the caucus vote, that candidate is certified to the state for placement on the general election ballot, and no primary is held for that office,” wrote Lyman.

Other Republicans in the western state disagree with their colleague’s assessment that internal party rules take precedence over state law. 

State Sen. Todd Weiler and Utah GOP Chairman Rob Axson told Deseret News they believe party documents have less power than state authority. 

“The Republican Party last fall told the Utah elections office, ‘We’re going to participate in the 2024 election as a QPP, qualified political party,’ which means we’ll accept signature candidates and convention candidates,” Weiler said.

Meanwhile, Axson said that unless there is a court decision to the contrary, “The rules, the bylaws, the Constitution, the foundational documents of that organization, practice and even just out of habit or tradition, all of those things are superseded by state law, which itself is superseded by federal law.”

In response to the representative’s actions, the Cox campaign argued that Lyman’s “dangerous” lawsuit undermined the democratic electoral process. 

“Rep. Lyman’s attempt to undo a democratic election rather than honor the will of the people is not just sad, but dangerous,” Matt Lusty, a Cox campaign spokesman, said.

“It’s the kind of action you see in a banana republic and not the United States of America,” Lusty said. “Half the candidates in the primary election lost. In our proud American tradition, almost all of them did so with grace and poise. We encourage Mr. Lyman and his camp to do the same.”

Lyman pushed back against criticism in a social media post announcing the lawsuit on Friday.

“Spencer Cox and Deidre Henderson knowingly and unconstitutionally forced multiple Republican convention winners to go to an illegitimate primary, a most severe form of election fraud that harmed not only the candidates via the substantial money spent, but also harmed Utah Republican voters who were mislead to believe this fake primary was a part of the nomination process,” Lyman said in a post to X. 

He added that “he is not at odds with the party and does not want this action to be seen as unfriendly toward the Utah GOP.”

The Washington Examiner reached out to the Lyman and Cox campaigns for comment.