PRESS RELEASE
FOR IMMEDIATE RELEASE
August 2, 2024
Lyman for Utah Campaign Files Petition for Extraordinary Writ with Utah Supreme Court
SALT LAKE CITY — Republican candidate for governor Phil Lyman has filed a petition for extraordinary writ of declaratory and injunctive relief with the Utah Supreme Court. The petition, which was filed on August 1, 2024, names Governor Spencer Cox, Lieutenant Governor Deidre Henderson, Utah Republican Party Chair Robert Axson, and the Utah Republican Party as respondents. The petition contests the results of the Republican primary election for governor held June 25, 2024, and was filed with the Utah Supreme Court as original jurisdiction because of previous district court decisions regarding the issue of Senate Bill 54 (SB54).
As the petition explains, Lyman argues that Governor Cox and Lieutenant Governor Henderson incorrectly applied the rulings of previous cases on SB54. According to those rulings, if the state Republican party’s internal processes — the caucus and convention system — require a primary election to decide between two candidates who each earned at least 40% of delegate votes at the GOP convention, then additional candidates may qualify for the primary ballot via the signature collection method. However, if the Republican caucus-convention process does not require a primary in any individual race because one candidate received 60% or more of delegate votes, the party does not participate in the primary for that race, and the convention winner advances directly to the general election. In this case, no signature collection candidates may force such a primary. As such, there should have been no Republican primary for governor, US Senate, or a handful of lower profile races because the threshold for such a primary — two candidates qualifying via convention — was not triggered.
Furthermore, Lyman argues that Cox and Henderson should be removed from office for malfeasance. Governor Cox in particular was the lieutenant governor when the district court cases were litigated and should have had knowledge of how to apply the rulings appropriately.
“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. "Cox and Henderson have attempted to subvert the constitution and bylaws of the Utah Republican Party by misapplying Utah state law for their own personal gain. They must be held accountable.”
Lyman has been clear that his objective is to achieve transparency in the election process. Basic election results are not only being withheld but the Lt. Governor is instructing county clerks to withhold things as simple as the records that show the tally of votes through the course of the election (the Cast Vote Record). Lyman has been twice denied voter roll records that he is entitled to as a legislator. As a candidate, he is entitled to inspect the signature packets of his opponent who gathered signatures. Being denied that access is significantly more egregious given that it is his opponent who is responsible for the decision to withhold information. Representative Lyman has stated publicly that he is not at odds with the party and does not want this action to be seen as unfriendly toward the Utah GOP. Hopefully a court order will help the Utah GOP to move forward with added authority - to be the cause rather than the effect of the legislature and the courts.
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