Judge denies request to temporarily pull Celeste Maloy from special election ballot
Jul 31, 2023, 10:48 AM
Second District congressional candidate Celeste Maloy high-fives a supporter after her nomination during the Utah Republican Party’s special election in Delta on June 24. (Ryan Sun/Deseret News)
(Ryan Sun/Deseret News)
SALT LAKE CITY — A judge denied a request Monday to temporarily remove Celeste Maloy‘s name from the 2nd Congressional District special election ballot.
In a lawsuit filed earlier this month, Quin Denning — who lost to Maloy in the Utah Republican Party convention in June — argues that Maloy’s inactive voter registration when she filed as a candidate makes her ineligible for the primary ballot. The case will move forward in court, but 3rd District Judge Andrew Stone denied a request from Denning’s team to have Maloy struck from the ballot while litigation plays out.
Restraining orders or preliminary injunctions are sometimes granted at the start of a trial, which temporarily enforce a judge’s orders before a final decision is made.
Stone said there is a high bar for the type of injunctive relief sought by Denning, and said the balance of harm “dramatically” favors Maloy, whose candidacy could be severely damaged if she were removed from the ballot temporarily — even if a judge ultimately ruled in her favor down the line.
The lawsuit mirrors complaints raised by party delegates, other candidates and members of the Utah Legislature in the days following Maloy’s convention win.
It claims that she is ineligible because her voter registration was inactive and on a list to be removed from the rolls on the day she filed. Maloy registered to vote as a Republican in 2016, but didn’t vote in the last two elections in Utah because she was working for Rep. Chris Stewart in Washington at the time.
The Utah Republican Party and Lt. Gov. Deidre Henderson have affirmed Maloy’s eligibility as a member of the party, and GOP Chairman Robert Axson submitted her name as the convention winner on July 5.
Stewart will step down from his seat in September because of his wife’s health concerns. The special Republican primary election to replace him will be held Sept. 5, setting up a tight window for the courts to hear out Denning’s lawsuit.
This story will be updated.
