Assistant Utah Attorney General David Wolf disputed Sells' claim, saying the UUP could have made it onto the ballot had it started forming before Chaffetz announced his resignation — and Wolf noted the party had discussed doing exactly that.
"Shouldn't they have moved forward with that process at an earlier day?" he asked.
Bennett said after Friday's three-hour court hearing that the judge "recognizes for us to have participated on the ballot, we would have had to read everybody's mind before the special election was even talked about.
"I think I'm going to get on the ballot," he added.
Bennett said his new party's formation plans were built on the assumption that 2018 would be its first chance to appear on a state ballot.
"We had no idea Jason Chaffetz was not going to finish out his term when we started the conversations about this party, so there was no urgency to get ready for a special election that we didn't know was going to happen," Bennett said.
The party's suit claims state election rules have unfairly blocked their access to the ballot. Nuffer took the matter under advisement, but said he will rule soon on the party's motion for a temporary restraining order.
"Our rule is always to be right, and then to be quick. Not in the reverse order," Nuffer said, adding that the case is "fascinating."
Lt. Gov Spencer Cox earlier refused to accept petition signatures collected by Bennett to run under the UUP banner, saying the party did not officially exist at the candidate filing deadline because separate signatures to allow its formation had yet to be verified.
Bennett, a son of the late three-term Sen. Bob Bennett and a registered Republican prior to Donald Trump's presidential run, tried to get the state to accept his petition temporarily until the party was certified, but state officials say Utah law bars that option.
The UUP has since been certified.
Sells argued the state could have set up a process to allow new parties to participate, but simply did not foresee the need — so the process it adopted barred Bennett and his party.
The UUP did not announce its attempt to form or field a candidate until shortly after Chaffetz announced he would resign — well after Cox's office had approved a series of state election deadlines.
Nuffer noted that all the decisions regarding the election process were being made by Republicans, and said it is important to ensure that the GOP's dominance in the state does not block fair ballot access by others.