1A United States Court of Appeals for the Tenth Circuit Utah Republican Party and Utah Democratic Party V. SPENCER J. COX, in Hi
1a United States Court of Appeals for the Tenth Circuit Utah Republican Party and Utah Democratic Party v. SPENCER J. COX, in his official capacity as Lieutenant Governor of Utah, Nos. 16-4091/16-4098 Appeal from the United States District Court for the District of Utah (D.C. No. 2:16-CV-00038-DN) Marcus Mumford, Mumford Law, Salt Lake City, Utah, for Plaintiff-Appellant. David P. Billings, Fabian VanCott, Salt Lake City, Utah (Peter W. Billings and Charles A. Stormont, Fabian VanCott, Salt Lake City, Utah, and Clemens A. Landau, Zimmerman Jones Booher, Salt Lake City, Utah, with him on the briefs), for Plaintiff - Intervenor-Appellant. Tyler R. Green (Stanford E. Purser with him on the brief), Utah Attorney General’s Office, Salt Lake City, Utah, for Defendant-Appellee. Before TYMKOVICH, Chief Judge, EBEL, and LUCERO, Circuit Judges. 2a EBEL, Circuit Judge. These appeals are only the most recent volley in the spate of litigation that has dogged the Utah Elections Amendments Act of 2014, commonly known as SB54, since it was signed into law in March 2014. At issue here, SB54 reorganized the process for qualifying for a primary ballot in Utah, most importantly by providing an alternative signature- gathering path to the primary election ballot for candidates who are unable or unwilling to gain approval from the central party nominating conventions. Prior to the passage of SB54, the Utah Republican Party (“URP”) selected its candidates for primary elections exclusively through its state nominating convention, and it would prefer to continue to do so. In this litigation, the URP sued Utah Lieutenant Governor Spencer Cox in his official capacity (“the State”)1, alleging that two aspects of SB54 violate the URP’s freedom of association under the First Amendment, as applied to the States by the Fourteenth Amendment.
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