Phil Lyman v. Spencer J. Cox, Governor of Utah, et al.
FirstAmendment
Did the Utah Supreme Court improperly mandate a convention-nominated candidate to participate in a direct primary after a losing candidate collected signatures to seek the party's nomination?
Question(s) Presented In New York State Bd. Of Elections v. Lopez Torres, 552 U.S. 196 (2008), this Court held: . “a political party has a First Amendment right to limit its membership as it wishes, and to choose a candidate selection process that will in its view produce the nominee who best represents its political platform. These rights are circumscribed, however, when the State gives the party a role in the election process— as New York has done here by giving certain parties the right to have their candidates appear with party endorsement on the general-election ballot.” As in Torres, the Utah Republican Party’s associational ‘ ! rights are at issue “only as a shield and not as a sword.” No Utah law prohibits a candidate from attending a political im party convention and seeking to persuade the delegates to support him. ; Did the Utah Supreme Court run afoul of this Court’s judgment of Torres by concluding that a state can mandate a : * candidate, who won the political party’s nomination through ; the convention process, to participate in the direct primary because the candidate who lost at convention collected signatures giving the losing candidate a second chance to seek the political party’s nomination? . [ GavigoaF \ AAT wet ie. he | pe, PN Date.