Judge dismisses Phil Lyman’s lawsuit against write-in candidates Richard, Carol Lyman

Jan 30, 2025, 9:26 PM

Governor candidate Phil Lyman makes a statement after leaving the court room with Layne Bangerter a...

Governor candidate Phil Lyman makes a statement after leaving the court room with Layne Bangerter at the 3rd District Court in West Jordan, on Friday, May 3, 2024. The judge ruled Bangerter would not be on the ballot as Lyman’s running mate. (Marielle Scott, Deseret News)

(Marielle Scott, Deseret News)

SALT LAKE CITY — A Utah judge on Wednesday dismissed a lawsuit brought by former write-in gubernatorial candidate Phil Lyman, who accused two candidates with the same last name of taking a payment from Gov. Spencer Cox’s campaign to run for office.

Third District Judge Amber M. Mettler granted a motion from Richard and Carol Lyman to dismiss Phil Lyman’s lawsuit, saying the defendants successfully argued that their actions were protected under Utah’s Uniform Public Expression Protection Act, which protects Utahns from being sued “based on the person’s … exercise of the right of freedom of speech.”

“Here, it is undisputed that running for political office is constitutionally protected activity, and it cannot reasonably be disputed that all of the plaintiffs’ claims against defendants arise from defendants running for office,” Mettler wrote.

Phil Lyman, who lost to Cox in the Republican gubernatorial primary last June, refused to concede the race and launched a write-in campaign for governor. After Richard and Carol Lyman declared as write-in candidates for governor, Phil Lyman sued them, claiming they were offered “$1,000 and a steak dinner” by the Cox campaign in exchange for declaring their candidacies — which presumably could confuse voters who meant to vote for Phil Lyman.

Richard and Carol Lyman denied the allegations, and the Cox campaign previously called the claims “blatantly false.”

After Phil Lyman filed his lawsuit — which sought up to $1.7 million in damages — Richard and Carol Lyman dropped out of the race on Oct. 25, agreeing to a stipulation that all write-in votes for “Lyman” would be counted toward Phil Lyman’s campaign.

Richard and Carol Lyman celebrated the ruling in a statement Thursday.

“The claims in the lawsuit were categorically false,” Richard Lyman said. “We had every right to run for governor and lieutenant governor and should not have been forced out by those with deeper pockets. Hopefully this is a lesson for anyone who would intimidate political candidates trying to make their communities better by (pursuing) a life of public service.”

“We have always maintained that our actions were lawful and exercised in good faith,” Carol Lyman said. “We appreciate the court’s thorough review of the case and its fair decision.”

In a statement to KSL.com, Phil Lyman said he’s “disappointed but not surprised” by the outcome.

“I’m also disappointed but not surprised that the media has been unwilling to look into the inducement of Richard Lyman and his mother to run as write-in candidates,” he added.

In addition to dismissing Phil Lyman’s case, the judge also ordered him to pay court costs and attorney fees to Richard and Carol Lyman. The total litigation costs have not been made public, but an attorney for the Lymans said he would file an affidavit showing the costs on Friday.

It’s not the first court loss for Phil Lyman. The U.S. Supreme Court recently decided not to take up his case seeking to have Cox thrown out of office, after that lawsuit was dismissed by Utah’s high court.

KSL 5 TV Live

Local News

Estranged wife of Matthew Johnson, Jennifer Gledhill, appears in court, pleading not guilty to his ...

Garna Mejia

Search for body of national guardsman expands as estranged wife pleads not guilty

The estranged wife of a Utah National Guardsman pleaded not guilty to his murder, and was ordered to stand trial.

1 hour ago

Hiring sign is displayed at a health service center in Chicago, Tuesday, Jan. 21, 2025. (AP Photo/N...

Paul Wiseman, AP Economics Writer

US employers added just 143,000 jobs last month, jobless rate slips to 4% to start the year

U.S. employers added just 143,000 jobs last month, but the jobless rate slipped to 4% to start 2025 and the government revised November and December payrolls higher.

1 hour ago

When they made Tim Vincent an offer for his, he says UDOT's appraiser made a glaring mistake - not ...

Matt Gephardt and Sloan Schrage

UDOT moves to take Orem Family’s home before resolving $175K Price dispute

When they made Tim Vincent an offer for his, he says UDOT's appraiser made a glaring mistake - not taking into account his automotive shop in his backyard.

9 hours ago

FILE - Utah State Capitol. (KSL TV)...

Brian Carlson

Local federal worker feels discouraged at work due to nationwide flux

Many are being encouraged to quit, and for those who don't, they don't know if they'll have a job if they stay. One federal worker in central Utah has had enough.

11 hours ago

Elizabeth “Betsy” R. Cantwell...

Carlysle Price

USU President announces departure, becomes first woman president at Washington State University

Utah State University President Elizabeth R. Cantwell has announced her departure from USU and has accepted a position out of state.

12 hours ago

A tense day in the courtroom as a teen faces adult murder charges in a stabbing death that brings q...

Darby Sparks, KSL

Defense questions motive in Jordan High School teen stabbing death

A tense day in the courtroom as a teen faces adult murder charges in a stabbing death that brings questions of possible gang motive.

12 hours ago

Sponsored Articles

holiday gift basket with blue tissue paper and gingerbread cookies...

Kneaders Bakery & Cafe

Holiday hacks for a stress-free season

Get more out of your time with family and loved ones over the holidays by following these tips for a stress-free season.

2 computer techs in a computer shop holding up a computer server with the "hang loose" sign...

PC Laptops

A comprehensive guide to choosing the right computer

With these tips, choosing the right computer that fits your needs and your budget will be easier than ever.

crowds of people in a German style Christmas market...

This Is The Place Heritage Park

Celebrate Christkindlmarket at This Is The Place Heritage Park!

The Christkindlmarket is an annual holiday celebration influenced by German traditions and generous giving.

Image of pretty woman walking in snowy mountains. Portrait of female wearing warm winter earmuff, r...

Lighting Design

Brighten your mood this winter with these lighting tricks

Read our lighting tips on how to brighten your mood in the winter if you are experiencing seasonal affective disorder.

A kitchen with a washer and dryer and a refrigerator...

Appliance Man

Appliance Man: a trusted name in Utah’s home appliance industry

Despite many recent closures of local appliance stores, Appliance Man remains Utah's trusted home appliance business and is here to stay.

abstract vector digital social network technology background...

Les Olson

Protecting yourself against social engineering attacks

Learn more about the common types of social engineering to protect your online or offline assets from an attack.

Judge dismisses Phil Lyman’s lawsuit against write-in candidates Richard, Carol Lyman