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Judge will decide whether to include Lyman’s choice for lieutenant governor on the ballot

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Salt Lake City, Utah – Whether Phil Lyman’s nominee for lieutenant governor will appear on the forthcoming June primary ballot will be determined by a judge.

Judge Matthew Bates of the 3rd District Court stated he would consider the arguments made by Lyman’s counsel during an emergency hearing on Thursday. Lyman is requesting an injunction to compel Layne Bangerter to be on the ballot. Bangerter failed to meet the residency criteria, according to an independent election advisor supervising the governor’s contest (Lt. Governor Deidre Henderson, who is also running and has recused herself). That led to the lawsuits of Lyman and Bangerter.

Bangerter’s prior residence in Utah, according to Lyman’s attorney, satisfies the five-year residency requirement. Bangerter most recently resided in Idaho and cast his ballot there before returning to Utah.

“We disagree as to the interpretation of Utah law,” Lyman’s attorney, Chad Shattuck, told the judge on Thursday.

State elections officials are represented by the Utah Attorney General’s Office, which claims the problem is a “straightforward legal argument” that prevents Bangerter from being placed on the ballot.

The judge declared that he will hear more arguments on Friday afternoon and render a ruling. That’s when the final ballots for the Republican primary in June must be submitted. Lyman would have little choice but to select someone else if Bangerter is prohibited from running, but it’s not clear if that candidate would even be on the primary ballot.

After winning 67% of the delegates’ votes at the Utah Republican Party convention on Saturday, Lyman defeated incumbent Governor Spencer Cox to become the party’s choice. Nevertheless, Cox will be listed on the ballot regardless since Utah law permits him to do so and he has collected enough signatures to be listed there.

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