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SALT LAKE CITY — Signature gathering provisions to get on the primary election ballot under Utah's disputed election law are not unconstitutional, a federal judge ruled Wednesday.
U.S. District Court Judge David Nuffer found there is "realistic" means of access to the ballot through gathering the number of signatures the law requires. He noted that some candidates have already qualified for the primary election that way.
Even though the signature gathering requirements would raise "serious" constitutional concerns if that were the only way to the ballot, the parallel convention path "undisputedly" provides access, Nuffer wrote.
Therefore, providing an additional way to the ballot through signature gathering is not unconstitutional because the provisions are not "wholly irrational," he concluded.
Controversy over the law caused a lot of confusion among candidates, political parties, and state and local election officials.
"This is a huge decision in being able to provide some of that clarity for candidates and for the election officials who have to administer all of this as well," said Mark Thomas, state elections director.
The ruling settles that question at this point and allows the elections office to certify those candidates to the 2016 primary ballot as it has intended to do, Thomas said.
Utah Republican Party Chairman James Evans said the party has argued all along that the signature gathering thresholds were unconstitutional and should be struck down. But, he said, it's clear Nuffer went to great lengths to avoid doing that.
"Judges are just loathe to remove somebody from the ballot," Evans said.
Nuffer's decision, however, doesn't completely resolve the ongoing legal battle between the Utah GOP and the state. The Utah Democratic Party has now entered the fray as well. The Republican Party could appeal Nuffer's ruling, but Evans said that would be premature.
The election law, passed by the Utah Legislature as SB54, gives candidates the option to collect signed petitions, go through the state's longstanding caucus and convention system or both to secure a spot in the primary election.
Utah House candidates must collect 1,000 signatures from voters in their districts and Senate candidates 2,000 to get on the primary election ballot. Only registered Republicans may sign petitions for GOP candidates because the party has a closed primary election.
The Utah Republican Party argued that those requirements are "onerous" and have no relationship to the number of registered party members or eligible voters in a given district. Nuffer rejected the party's argument that signature gathering requirements must be based on a percentage to be considered rational.
Assistant attorney general David Wolf argued in a hearing last month that the law provides additional access to the ballot and it doesn't matter what the signature collecting requirements are.
Nuffer earlier issued an opinion that the law's signature gathering thresholds for state House and Senate districts are too high and might be unconstitutional.
He found signature gathering percentage requirements in House district races range from 7.1 percent to 57.2 percent, and Senate district races range from 6.2 percent to 30.8 percent.
Related
Utah Supreme Court hears arguments over disputed state election law
Utah Supreme Court justices poked at the Utah Republican Party's interpretation of a controversial new state election law in a hearing Monday as hundreds of candidates work to get on the primary ballot.But in the new ruling, Nuffer said increased difficulty to gather signatures and potential disparity between districts does not mean the requirements are irrational.
"Requiring the same number of signatures for each district can pass the rationality test because the state is allowed to require candidates to show 'a significant modicum of support' before placing them on a ballot," he wrote.
Thomas called that a "big flip" on the judge's part.
"I give credit to the attorney general's office for putting together some good arguments and case law on that," he said.
Utah Democratic Party Executive Director Lauren Littlefield applauded Nuffer's ruling.
"Although there is still work to be done to ensure that right is fully respected by the Utah Republican Party and lieutenant governor, today we see that the signature gathering requirements of SB54 are indeed constitutional," she said in a statement.
Wednesday's doesn't ruling end the court battle over SB54.
Nuffer has yet to rule on whether a candidate or the party has the choice to collect petitions, go through the convention or both to get on the ballot. The Utah GOP contends that decision rests with the party and it only recognizes the convention for selecting nominees. The state argues the decision rests with candidates.
The Utah Supreme Court heard arguments on that issue Monday and its opinion, if any, could weigh into Nuffer's decision.
The Utah Democratic Party has challenged in court the Utah GOP status as a "qualified political party." Qualified political parties must allow both the petition an and convention routes to the ballot.
