GOP candidate who lost at convention sues winner Celeste Maloy

A 2nd Congressional District special election candidate who lost at the GOP convention filed a lawsuit Tuesday seeking to compel the Utah lieutenant governor’s office to remove convention winner Celeste Maloy from the primary ballot.

Richard Quin Denning alleged in the petition, which was submitted to Utah’s 3rd Judicial Court, that the lieutenant governor’s office did not act in compliance with Utah law when it determined that Maloy’s declaration of candidacy was filed correctly.

Denning, who conceded after receiving less than 2% of delegates’ support in last month’s nominating convention, claims the convention winner, Maloy, was not a member of the Utah Republican Party when she filed for candidacy to replace resigning congressman, and her former boss, Rep. Chris Stewart.

Following the June 24 convention, it was publicized that Maloy was not registered as an active voter in the state at the time she filed to run. Instead, she was on a list of names to be removed from Utah voter rolls because she had not voted in two consecutive elections.

Maloy explained that after moving to Virginia to work as Stewart’s chief legal counsel she abstained from voting out of the worry it would be a source of controversy if her absentee ballot was accidentally flagged.

Though Maloy had previously registered as a Republican and had voted that way in every election before moving, her “removable” voter status caused some to speculate on whether she should be disqualified from the race.

Lt. Gov. Deidre Henderson attempted to resolve the issue, saying in an official statement, “It is the opinion of this Office that Celeste Maloy satisfied all lawful requirements and constitutional qualifications, and that she properly filed for office according to the laws of the State of Utah.”

But in a statement released by Utah House Speaker Brad Wilson on behalf of his colleagues in the legislature, the implication was made that Henderson should have done more to ensure that Maloy met state and party requirements. The statement also said that the window for challenging Maloy’s declaration of candidacy has closed and her candidacy will move forward, barring a legal challenge.

Utah GOP chair Rob Axson submitted Maloy’s name to the lieutenant governor’s office before the July 5 deadline, along with a statement that said Maloy “met the party requirement to submit her filing for candidacy with the party on June 16 which was more than 7 days prior to the scheduled convention/caucus.”

A press release sent later in the day by the state GOP said, “Our bylaws are clear: Ms. Maloy is the convention nominee. She was chosen by the delegates at our convention.”

It said any dispute between the legislature and Henderson’s office would have to be worked out in court.

The lawsuit alleges that the lieutenant governor knew Maloy had not met the requirements laid out in state code but failed to disqualify the candidate or inform the Utah GOP of her voter registration status in the state.

The lawsuit also says that Maloy had not legally established residency in the state of Utah before entering the race. Before joining Stewart’s office, Maloy had rented an apartment in St. George. After moving to work in Washington, D.C., Maloy lived in her sister’s Cedar City home when back in Utah, she has said.

Maloy responded to the lawsuit in a statement to the Deseret News, saying it was “nothing more than a distraction.”

“I won resoundingly at the State Convention, and the Republican State Party made its decision,” Maloy said. “Utahns deserve a representative who’s focused on doing the work — not playing political games and trying to rewrite history — so that’s exactly what I intend to do.”