Reyes removes himself from defending state in SB54 lawsuit


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SALT LAKE CITY — Attorney General Sean Reyes has removed himself from the state's defense of the Utah Republican Party's lawsuit over changes the Legislature made to how political parties choose candidates.

Reyes, a Republican, said he supports Utah's caucus and convention system, but a "mere philosophical difference" alone would not necessitate him stepping aside.

"However, because I am an elected member of the governing body of the plaintiff, and have contributed money to organizations, including the party, in support of the caucus and convention system, I feel it is best to recuse myself from this case," he said in a statement Friday.

The state GOP asked a federal court to strike down the law created by a compromise bill, SB54, that lawmakers passed earlier this year. It allows political parties to keep the caucus and convention system for selecting delegates and nominating candidates but creates another route to the ballot, through collecting signatures.

SB54, supported by the GOP-controlled Legislature and signed by Gov. Gary Herbert, ended Count My Vote's initiative referendum effort to replace the system with a direct primary election.

The state GOP claims that the law violates its constitutional right to define its membership and platform, and select its nominees.

Earlier this month, Reyes said that one of the ways to restore trust in the attorney general's office is to defend state laws regardless of his personal opinions.


Some of our office's most capable and experienced attorneys will be involved in defending the law.

–Sean Reyes, Utah attorney general


In his statement Friday, he said his recusal would not impact the legal process or the office's defense of SB54.

"Some of our office’s most capable and experienced attorneys will be involved in defending the law," Reyes said.

Utah Federal Solicitor Parker Douglas and assistant attorney general David Wolf are representing the state, court documents show.

The law takes effect in January. A hearing on the lawsuit has not been scheduled.

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