Estimated read time: 2-3 minutes
This archived news story is available only for your personal, non-commercial use. Information in the story may be outdated or superseded by additional information. Reading or replaying the story in its archived form does not constitute a republication of the story.
SALT LAKE CITY — Utah's new executive director of the Division of Natural Resources, former state Rep. Joel Ferry, said the Utah Democratic Party's lawsuit to get him off November's ballot is an "attempt to silence the voice of the county."
The party filed a federal lawsuit Thursday against Lt. Gov. Deidre Henderson and Ferry to remove him from the legislative race.
Ferry, R-Brigham City, was appointed by Gov. Spencer Cox to lead the Division of Natural Resources in late June. As he waited to be confirmed by the Legislature, which didn't meet in July, he said he would hold onto his seat. After receiving a favorable recommendation from a Senate committee, Ferry resigned from the Legislature ahead of his scheduled confirmation on Sept. 21.
But Ferry said Monday — speaking to KSL.com while on an international trade mission with Cox — he plans to remain on the ballot to give voters the chance to vote for the party of their choice.
The majority of the rural House District 1 historically votes Republican. The Democratic Party's lawsuit notes that when Ferry and his current opponent Joshua Hardy faced off for the first time in 2018, Ferry received 73.7% of the vote while Hardy received 17%.
The Democratic Party said in the court filing it believes Ferry remains on the ballot despite having "no intention of serving his community in the House if re-elected." The party called Ferry a "straw man" on the ballot who will resign and be replaced by party leaders after getting elected.
Questioning the legality of Ferry remaining on the ballot, attorneys in the lawsuit pointed to the Hatch Act, a federal law that limits the political activities of federal employees and state employees who work with federally funded programs. Attorneys said Ferry's pay comes largely from federal funding.
Ferry said on Monday that isn't true and that his pay in the Division of Natural Resources comes from the state's administrative budget.
Under normal circumstances, parties can replace candidates or members of the Legislature who step down, but it is now too late to do so as the Republican Party has already had its convention, Ferry noted. He said he believes a change in the law should occur to allow parties to replace candidates ahead of an election.
Should Ferry have his name removed from the ballot, Hardy would run unopposed, which Ferry said would "disenfranchise" many voters in the district who would prefer a Republican nominee.
Henderson, who as lieutenant governor oversees elections, has declined to remove Ferry's name from the ballot. In a letter in August, Henderson noted that none of the criteria in Utah Code that would require someone to be removed from a ballot — including death, resignation due to a new physical or mental disability, improper filing, or registering to run as president or vice president of the U.S. — apply to this situation.
