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SALT LAKE CITY — Chia-Chi Teng might have to find another way to get on the ballot for the special election in Utah's 3rd Congressional District.
A 3rd District judge Friday rejected the Utah County Republican's attempt to file as candidate via video conference, ruling that the state's in-person filing law is reasonable and doesn't violate his rights.
Teng, a BYU computer science professor, sued the state Tuesday after the lieutenant governor's office refused to accept his filing from China, where he is teaching this spring. He sent his son to the state elections office on his behalf and he joined by video conference.
The candidate filing deadline was May 26, a week after the state released details for a special election to replace Rep. Jason Chaffetz, R-Utah, who is stepping down June 30. A primary election is scheduled for August with the final election in November.
Teng's teaching stint abroad began May 7 and is set to end June 18, a day after the Utah Republican Party's nominating convention.
Tim Conde, Teng's lawyer, argued that state should have made an exception to the in-person filing law like it did for other election rules in the proclamation setting the special election. He said there was "zero" notice about the filing period.
Conde said the requirement infringed on Teng's free speech and equal protection rights. The compressed special election schedule created too much of burden for Teng to drop everything, break his contract with BYU and abandon 20 students in China so he could file in person, he said.
Teng's filing should be valid and that he should get an extra week to gather signatures to get on the primary ballot, Conde said.
"We're in a bit of a pickle," he told Judge Barry Lawrence. "But that pickle, because it's hard on a state to make an adjustment, is not a compelling governmental interest to violate constitutional rights."
Conde said he would talk to Teng about appealing the ruling. "But we think there are points an appellate court would be interested in hearing," he said.
State attorney Thom Roberts argued that election officials treated Teng like all the other candidates who filed to run.
Related:
Chaffetz confirms June 30 departure: 'Thank you for allowing me to serve'
Utah will lose perhaps its most visible member of Congress when Rep. Jason Chaffetz leaves office before his fifth term ends to pursue a job in the private sector."Could he really have not made it back?" Roberts said. "He's probably paying more for his lawyers than the airfare."
Roberts said Teng could still run as an unaffiliated or write-in candidate or he could wait until the 2018 election.
The judge said while Conde made some good points that the Legislature should consider, he concluded that Teng's rights weren't violated. Lawrence said that in-person filing is reasonable to ensure elections are fair and free from fraud.
"Frankly, we judges do it," he said, noting courts, with few exceptions, require witnesses to appear in person to testify.
Conde also challenged the Utah law exempting state and federal employees on official business and active military personnel from having to go the election office to file. He argued that a professor at private school, BYU in this case, shouldn't be treated differently than a University of Utah professor.
Lawrence also rejected that argument.
"It seems to me that just as the Legislature is empowered to require candidates for elected office to appear in person, that the Legislature can create narrowly tailored exceptions to the in-person requirement," he said.
Teng, a former Microsoft software engineer and native of Taiwan, took on Chaffetz in last year's GOP primary but lost by a 4-to-1 margin. He spent more than $500,000 of his own money on the campaign.
Mark Thomas, state elections director, said after the hearing that there's no doubt the special election is being rushed. He said the state is trying to piggy back on already scheduled elections and get a representative for the 3rd District chosen as quickly as possible.
Thomas conceded that maybe it's time for the Legislature to look at alternatives to in person filing in this electronic age.
