Rep. Calvin Musselman, R-West Haven, left, and Rep. Joel Ferry, R-Brigham City greet each othe ras the Utah Legislature opens the 2021 general session at the Capitol in Salt Lake City on Tuesday, Jan. 19, 2021. (Jeffrey D. Allred/Deseret News)
SALT LAKE CITY — The Utah Democratic Party announced it had filed a lawsuit to remove Joel Ferry from the ballot in the upcoming November election. The lawsuit comes weeks after Ferry refused to take his name off the ballot before his confirmation as director of the Department of Natural Resources.
Democrats have been asking for Ferry’s removal from the general election ballot in House District 1, and had previously pressured him to resign his seat in the legislature, which he did.
The party alleges that Ferry is violating the Utah Constitution by serving in both the executive and legislative branches.
Ferry previously defended himself, saying he was not doing anything unconstitutional because he is not taking legislative pay.
In a press release, the UDP said the lawsuit was filed after a request to Lt. Gov. Deidre Henderson failed last month.
“Joel Ferry finally resigning doesn’t mean that the issue of his presence on the ballot is solved. Since the Lieutenant Governor refuses to remove him, and he will not remove himself, we had no other choice but to bring this in front of a judge,” said Chair Diane Lewis.
The party argued that Ferry’s refusal to remove himself from the ballot is “shady, back-room political dealing.”