Phil Lyman’s running mate does not meet candidacy eligibility, advisor says

Apr 29, 2024, 6:50 PM | Updated: Apr 30, 2024, 12:52 pm

County signs are pictured at the Utah Republican Party state nominating convention. Layne Bangerter...

Phil Lyman, the Republican gubernatorial nominee, has selected Layne Bangerter of Washington County as his Lieutenant Governor running mate. (Megan Nielsen, Deseret News)

(Megan Nielsen, Deseret News)

SALT LAKE CITY — An independent advisor for the state has found that gubernatorial candidate Rep. Phil Lyman‘s running mate, Layne Bangerter, is ineligible to run. The advisor said that he doesn’t meet the residency requirements for candidacy eligibility stated in the Utah Constitution.

Lyman, the Republican nominee for governor, chose Bangerter of Washington County as his running mate for lieutenant governor.

According to Article VII, sec. 3(4) of the Utah Constitution, “No person is eligible to any of the offices provided for in Section 1 unless at the time of election that person is a qualified voter and has been a resident citizen of the State for five years next preceding the election.”

Bangerter acknowledged that he had not met the residency requirement for candidacy eligibility. He moved to Utah from Idaho in 2021.

Bangerter’s campaign disagrees with this interpretation because he has previously lived in Utah.

However, Utah Code 20A-2-105(4)(e)(ii). explicitly states that, “if an individual leaves the state. . . and votes or registers in another state, the individual is no longer a resident of the state the individual left.”

In a memorandum from Independent Advisor Greg Bell, Bell recommends that the lieutenant governor decline the submission of the declaration of candidacy. 

In response, Bangerter and Lyman quickly co-filed a lawsuit stating that Bangerter should be eligible for candidacy, saying, “Bangerter has resided in Utah for more than 30 years and is a registered voter and resident of Utah, but the [Lieutenant Governor’s Office] is refusing to accept his declaration of candidacy.”

They also said in the filing that, “This lawsuit seeks to compel the [Lieutenant Governor’s Office] to comply with Utah law.”

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Phil Lyman’s running mate does not meet candidacy eligibility, advisor says