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Marsha Holland Challenges Unconstitutional Election Statute in Court


Utah District 73 Candidate Says Utah Law Discredits Unaffiliated Candidates, Confuses Voters, and Violates the 14th Amendment

TROPIC – On November 2, Utah State House of Representatives District 73 candidate Marsha Holland filed a complaint in the United States District Court for the District of Utah challenging the Utah Legislature’s unconstitutional ballot language intended to prevent unaffiliated political candidates from succeeding.

“I decided to run for office because I believe in the people of Utah and I want to make our communities better, and I want Utahns to have the broadest options available when choosing who will represent us in local, state or federal public office,” explained Ms. Holland. “I have learned that some ballot language required by state law for candidates like me is purposefully confusing at best and, at worst, it’s a premeditated effort by insiders to keep unaffiliated candidates from running and winning. Win or lose next week, I have proven that unaffiliated candidates like myself, can run strong, viable races against the political party establishment candidates, even in one of the most Republican state legislative districts in the country.”

Ms. Holland is an unaffiliated candidate for District 73—a large seat that covers San Juan, Garfield, Kane, Wayne, and Piute counties as well as parts of Beaver and Sevier counties.

The offending state law was enacted in the 1990’s and was later used for the purpose of diminishing then presidential-hopeful Evan McMullin’s appeal to Utah voters. It requires that ballots carry a disclaimer for candidates not affiliated with a political party. Many voters in District 73 have interpreted this disclaimer as an indication that a candidate is not fit for office.

“I’m not asking to have ballots reprinted or to affect this election in any way,” said Ms. Holland. “Instead, I want a court to remind Legislators that we are all bound by the Constitution. Since this issue is hurting voters now it is critical that we start discussing the problem today.”

The lawsuit filed by Ms. Holland alleges that her Constitutional right to equal protection under the laws is violated by existing legislation that is treating her differently than other candidates for office.

“As far as I am concerned, I’m running for re-election in 2020 now,” clarified Ms. Holland. “I do not want this to be an issue for me or other candidates in the next election.”

—Marsha Holland 2018 Campaign

 

 

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