Joel Ferry resigned from the Legislature last month after taking a job in Gov. Spencer Cox’s administration. He’s still on the ballot, and Democrats have gone to federal court seeking to kick him out of the race.
On Wednesday, Hardy and the Utah Democratic Party filed a lawsuit in federal court arguing that Ferry cannot be a candidate for office and in his current role simultaneously because it violates the Hatch Act. The law prevents state employees working with federally funded programs from running for a partisan federal office.
Hardy would be the only candidate remaining if Ferry were removed from the ballot. The lawsuit alleges Ferry and the GOP are keeping him on the ballot to make sure there’s a Republican to vote for. “Ferry’s ineligibility to serve as Representative for House District 1 necessarily means that his inclusion on the ballot requires Hardy to campaign against a straw man candidate rather than the Republican candidate who will become Representative if elected,” the suit claims.
Time could play a significant factor in the suit. The deadline to print the 2022 ballots is looming as most county clerks must send the final ballot versions to the printer by next week to get them in the mail so they reach overseas and military voters in time.
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