Since Tanner Ainge was not registered to vote when he filed to run as a Republican in the special congressional election, could he be disqualified from running as a Republican?
In a word, no.
If anyone wanted to challenge Ainge’s qualification for the ballot, they’re too late.
According to Utah election law, any challenges to Ainge’s candidacy for lack of registration had to happen within five days of the last day of the filing period.
Utah Code 20A-9-202(5)(a) states:
(5)(a) A declaration of candidacy filed under this section is valid unless a written objection is filed with the clerk or lieutenant governor within five days after the last day for filing.
(b) If an objection is made, the clerk or lieutenant governor shall:
(i) mail or personally deliver notice of the objection to the affected candidate immediately; and
(ii) decide any objection within 48 hours after it is filed.
(c) If the clerk or lieutenant governor sustains the objection, the candidate may cure the problem by amending the declaration or petition within three days after the objection is sustained or by filing a new declaration within three days after the objection is sustained.
(d)(i) The clerk’s or lieutenant governor’s decision upon objections to form is final.
(ii) The clerk’s or lieutenant governor’s decision upon substantive matters is reviewable by a district court if prompt application is made to the court.
(iii) The decision of the district court is final unless the Supreme Court, in the exercise of its discretion, agrees to review the lower court decision.
In an email, Mark Thomas of the Utah Elections Office says, “No objection was filed, and therefore his declaration of candidacy is considered valid.”
On Friday, UtahPolicy.com reported that Ainge was not registered to vote when he filed to run, and he only registered the day after he turned in signatures to secure a place on the ballot.
Ainge was registered to vote in Illinois before he moved to Utah in November of last year. He did not register as a voter when he got a Utah driver’s license at that time.
Ainge is on the August 15 primary ballot along with fellow Republicans John Curtis and Chris Herrod. The winner will advance to face Democrat Kathie Allen in November.
