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SALT LAKE CITY — The Utah Republican Party asked a federal court Monday to strike down a law the Legislature passed earlier this year changing the state's unique system for choosing political candidates.
The state GOP claims in a 41-page lawsuit that the bill, SB54, violates its constitutional right to define who belongs to the party, determine its platform and message and select nominees to run for public office.
"With SB54, the state has now imposed on the party a Byzantine regimen of rules and internal processes that is different than the rules and processes the party has chosen for itself to ensure that its nominees represent its political platform," the complaint filed in U.S. District Court states.
The party says it should not be forced to go along with the changes the law imposes.
State Republican Party Chairman James Evans signaled the party's intent to sue last week, saying a court needs to decide the relationship between the state and political parties. The complaint names Gov. Gary Herbert and Lt. Gov. Spencer Cox, both Republicans, as defendants.
Utah Attorney General Sean Reyes intends to defend the state, though he doesn't necessarily agree with the law.
"One of the most important ways to rebuild trust of the people in our office is to assure them that the attorney general will defend the laws they pass regardless of my own personal opinions," he said in a statement. "Leadership is honoring your duty, even at times over your own feelings."
Reyes, a Republican, publicly and repeatedly expressed support for Utah's caucus and convention system in the past, but has not commented since the Legislature passed the bill and the GOP said it might challenge it in court.
With SB54, the state has now imposed on the party a byzantine regimen of rules and internal processes that is different than the rules and processes the party has chosen for itself to ensure that its nominees represent its political platform.
–GOP lawsuit
He recused himself from state party business involving the lawsuit, including discussion, strategy and votes by the State Central Committee about whether to file the complaint, according to his spokeswoman Missy Larsen.
A group called Count My Vote, led by former Gov. Mike Leavitt and other prominent Republicans, launched a citizen initiative last year to change how the party chooses candidates.
During the 2014 Legislature, lawmakers reached a deal to stop the initiative petition drive to replace the caucus and convention system with a direct primary in exchange for creating an alternative path to the ballot. The law is scheduled to take effect in January.
SB54 would give candidates the option of bypassing the current system, and instead gather voter signatures for a place on the primary ballot.
The bill also opens up primary elections to all voters. Currently, the state GOP only permits registered Republicans to vote in its primaries.
The lawsuit claims the law violates the party's right to free association and infringes on First Amendment and 14th Amendment rights to free speech and due process.
The GOP argues SB54 takes away its ability to control its brand and authority over its endorsement, name and logo. It would take away its ability to confirm if a candidate is a party member, misappropriate the party's right to control its endorsement of candidates and supplant its judgment for selecting candidates that best represent the party platform, according to the lawsuit.
Utah Democratic Party Chairman Peter Corroon said the intent of the Utah and U.S. constitutions is allow citizens — not a few party delegates — to choose their representatives. He said the bill was a compromise between the Republican and Democratic parties, the state and nearly 100,000 Utahns who signed the Count My Vote petition.
"Elected officials and political parties owe it to the people of Utah to keep our promises and work in good faith, not pull a bait and switch with costly lawsuits and political theatrics," he said in a statement.
A hearing on the complaint has not been scheduled.
