Herbert backs asking high court to rule on Utah election law

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Gov. Gary Herbert said Thursday that he would support the state joining the Utah Republican Party in asking the Supreme Court to settle a dispute over how candidates should be nominated.

"We need to come together on it rather than divide each other," Herbert said. "I support this idea of, 'Let's go to court and have the courts make the definitive declaration.'"

The state and the party have been sparring over different interpretations of SB54, which sought to create a dual-track system for candidates to get on the primary ballot — either going through the traditional convention system, or gathering enough signatures to qualify for the primary ballot.

The GOP contends the law gives the party the authority to decide the nominating process, and has chosen a convention-only route.

The state elections office has interpreted the law to require the party to recognize candidates who gather signatures.

Herbert said he does not plan to call the Legislature into special session to clarify the law, or to establish a nominating process for state school board candidates. A judge struck down the existing screening process for school board candidates last year.

— Robert Gehrke