Phil Lyman requests Utah Supreme Court to kick Gov. Cox out of office

Incumbent Gov. Spencer Cox, left, talks with Utah Rep. Phil Lyman before Utah’s gubernatorial GOP primary debate held at the Eccles Broadcast Center in Salt Lake City on Tuesday, June 11, 2024. Photo: Pool photo by Isaac Hale/Deseret News

SALT LAKE CITY – Phil Lyman, the current State Representative and candidate challenging Governor Cox in the gubernatorial primaries, has formally submitted a petition to Utah’s highest court seeking the removal of Spencer Cox and Lieutenant Governor Deidre Henderson from their positions.

The request also petitions Utah’s Supreme Court to make him the Republican gubernatorial nominee following his defeat to Cox in the June primary elections.

The Republican from Blanding filed a request for extraordinary writ, a rare order issued by a higher court, on Thursday, August 1, challenging Utah law which allows for two ways to reach the primary ballot.

The petition was filed against Governor Spencer Cox, Lieutenant Governor Deidre Henderson, Utah Republican Party Chair Robert Axson, and the Utah Republican Party.

Lyman qualified by winning the delegate vote at the Republican convention, while Cox qualified by collecting signatures. Both methods are valid under Utah law.

The lawsuit challenges Senate Bill 54, a controversial bill enacted in 2014 which created the alternative path of gathering signatures to get onto the primary ballot.

Although SB54 allows for two possible paths to enter onto the primary ballot, Lyman cites Utah election code §20A-9-401 on primary elections in his lawsuit, which states that: “This part may not be construed to govern or regulate the internal procedures of a registered political party.”

Lyman argues that while SB54 does allow for candidates to enter into the primary election based on the collection of signatures, it does not override political parties internal processes which include caucuses and convention systems.

Utah’s Republican Party requires candidates to secure at least 40% of delegate votes at the GOP convention or gather signatures to qualify for the primary elections. However, as Lyman argues, if a candidate receives 60% or more of delegate votes—like Lyman did at April’s convention—the party skips the primary for that race, and the convention winner proceeds directly to the general election.

“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.

On the other hand, another Utah code detailing qualifications for primary elections states that: “A qualified political party that nominates one or more candidates for an elective office” using the convention system,” and has one or more candidates qualify as a candidate for that office” by gathering signatures, “shall participate in the primary election for that office.”

The lawsuit requests that the court invalidate the June 25 primary election results, in which Cox won by over 37,000 votes, and instead place Lyman on the November general election ballot.

It also alleges “malfeasance” by Cox and Henderson for permitting Cox to appear on the primary ballot and seeks their removal from office, proposing that Utah Senate President Stuart Adams be appointed to complete the governor’s term.

“Petitioner Lyman achieved over 60% of the caucus vote and should be certified to the state for placement on the general election ballot to be held on Nov. 5, 2024,” the complaint states. “The primary election held for the office of the governor on June 25, 2024, was improperly conducted for the office of governor and lieutenant governor and should be set aside because the improper conduct will change the result for that office.”

Lyman’s complaint also aims to invalidate the primary results statewide for any race where a convention candidate received at least 60% of the vote. This would include nullifying the results for Rep. John Curtis, who won the U.S. Senate race by 67,951 votes against convention winner and Riverton Mayor Trent Staggs.

“Rep. Lyman’s attempt to undo a democratic election rather than honor the will of the people is not just sad, but dangerous,” said Matt Lusty, a campaign spokesman for Gov. Cox. “It’s the kind of action you see in a banana republic and not the United States of America. 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.”