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State officials rejected applications from two candidates looking to make bids last week during the dizzying hustle to file for outgoing Rep. Jason Chaffetz's seat.
Now one of those applicants has responded with a lawsuit against the state, alleging "a significant burden on his ability to run for office" and a violation of his constitutional rights.
Chia-Chi Teng — the Brigham Young University professor who challenged and lost to Chaffetz in the GOP primary by a 4-to-1 margin last year — filled out the papers and submitted them before the May 26 deadline. There was one problem: Teng is in China and attempted to file electronically. Utah statute requires candidates to file in person.
As a proxy, Teng's son went to the state elections office with a computer displaying his father in a live video chat. Teng waved from the camera but was barred from entering the race. In the lawsuit filed Tuesday, Teng says the state has "no legitimate reason" to deny his declaration of candidacy.
Utah Director of Elections Mark Thomas said candidates are mandated to submit their materials in person "to ensure that you have a legitimate [individual] in front of you that can swear and attest to all of the statutory requirements." The rule, he added, "has been on the books for a long time" and does not allow for remote filing through video conference.
Exceptions exist only for members of the military and state and federal employees outside of Utah during the filing period.
Teng could not be reached for comment Wednesday. He is in China until June 18, according to the lawsuit, while he teaches a group of 20 BYU students in a global study program.
"[I ask] nothing more than for an opportunity to be a candidate," the court filing reads, "and allow the voters — not arbitrary regulations — to decide the outcome of the special election."
Chaffetz said he had "nothing to add" about Teng's action. The two contended bitterly during the 2016 primary election during which Teng filed a complaint with the Federal Election Commission alleging that the congressman benefited personally from campaign donations. Chaffetz then called the BYU professor a "political hack."
With his announcement that he'd step down from office June 30, Chaffetz set off a frenzy of 3rd Congressional District candidates looking to replace him. By the close of filing Friday, 21 had entered the abbreviated special election race, including 15 Republicans.
Jim Bennett, a moderate, attempted to submit his papers under the recently formed centrist United Utah Party. The state also rejected his application because that group hasn't yet been formally recognized by the lieutenant governor's office.
Although Bennett submitted more than the 2,000 signatures, constitution and bylaws necessary to form the party Friday morning, it was too late. State officials did not have time to verify the information before the 5 p.m. deadline for candidates to file.
It typically takes up to 30 days to register a party, which must be completed before an individual can enter the race under that banner, Thomas said. So Bennett's application will be returned by mail.
Bennett said Wednesday that he and his lawyer are weighing a potential lawsuit to settle the matter, which he is "very confident" he would win, though he hopes it won't come to that.
He suggests there is "no basis in law" for rejecting his candidacy and that he should be able to file provisionally while his party's certification is pending. Thomas, though, contends "the statute is pretty clear: You cannot file with a party that does not exist. It's not a new rule.
"If he feels that the law is on his side — as he said he thought it was — that's just fine. He can file a lawsuit," Thomas said. "It doesn't bother us."
Meanwhile, Bennett, son of the late three-term Sen. Bob Bennett and a registered Republican until Donald Trump's presidential run, may register as an unaffiliated candidate until June 12 (by gathering 300 signatures). His party can continue to support and endorse him, but that group's label won't appear next to his name on the ballot.
The state elections office has, at times, juggled as many as 12 pending lawsuits. These most recent cases and threats, Thomas said, don't rise to a high level of concern for him.
"Elections bring out litigation. It just does. … These issues and controversies come up."
Twitter: @CourtneyLTanner