UTAH'S LT. GOVERNOR AND REPUBLICAN PARTY LEADERSHIP ARE ACCUSED OF CERTIFYING A CONTERFIET BALLOT FOR GOVERNOR!

NOTICE TO ALL MEMBERS OF THE REPUBLICAN STATE CENTRAL COMMITTEE

​There has been a Notice of Intent to File a Claim provided to the Republican Party Chair. This means the Party has time to correct this act of omission, or be sued.

The claim is directed against members of the State Central Committee and State Party Officers, who have persistently disregarded our Party Constitution and failed to demand the correction of mistakes in direct violation of party members and Claimant’s First and Fourteenth Amendment rights.

Background

The Utah Republican Party held an indirect primary (their Convention) on April 27, 2024. Elected delegates voted for Republican candidates for various state and federal offices. Some candidates, including Phil Lyman, received over 60% of the delegate votes cast. Candidates seeking the Republican nomination in the Party's indirect primary receiving more than 60% of the delegate vote become the nominee at convention and are to be included in the general election ballot certification per the Utah Republican Constitution. 

A qualified political party that nominates a candidate in their indirect primary, must certify the name of the candidate and the appropriate ballot (primary or general) to the lieutenant governor before…” 5:00 p.m. on April 29, 2024. The State Party Chair serving as "liaison with the Lieutenant Governor of the State of Utah on all matters relating to state election laws," provides the ballot certification to the Lieutenant Governor subject to the directives of the State Central Committee, the governing body of the Party. 

It is important to note here, the Lt Governor serves as the chief election officer whose main responsibility is to oversee elections. Pursuant to Utah Code, the lieutenant governor is to perform ministerial duties (without judgement) and place those candidates certified to the appropriate ballots as instructed by the Utah Republican Party. So, either the Utah Republican Party Chair submitted a proper ballot to the Lt Governor (LYMAN STRAIGHT TO THE GENERAL based on the Party’s constitution) and the Lt Governor submitted a counterfeit ballot to the state…because it was in her best interest to do so...or the Party Chair submitted a counterfeit ballot to the Lt Governor and she played along because again, it was in her best interest to do so. In either case, one is guilty and the other is stupid! Or together they conspired to violate the Party’s 1st and 14th Amendment rights. And as the governing body of the party, it is your duty to see that the rules are carried out accordingly. If laws were broken, you as a State Central Committee member have personal liability if it is not corrected. 
 
With respect to the SCC, each member is elected by their membership to represent the interests of their constituents. They have a duty, in business we call it a fiduciary duty. It means you have an obligation to act in the best interest of those you represent. The SCC has been properly noticed of this constitutional violation, and any inaction on their part is a violation of their fiduciary duty. Whether their negligence is civil or criminal, it is a gross dereliction of their duty to withhold the proper exercise of their responsibility, to see that the Party’s laws are faithfully executed!

​Below find the Actual Notice of Intent to File a Claim with appropriate citations...

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IN THE UNITED STATES DRISTRICT COURT
​FOR THE DISTRICT OF UTAH

Tracie Halvorsen,
 
Claimant,
 
v.
 
ROBERT AXSON, Utah Republican Party State Party Officer, and Chair, in his official capacity as party liaison with the Lieutenant Governor.
 
Kim Coleman, Utah Republican Party, State party Officer, and Vice Chair, in her official capacity as a political party officer;
 
Stafford Palmieri, Utah Republican Party State Secretary, in her official capacity as a political party officer;
 
McKay Newell, Utah Republican Party State Treasurer, in his official capacity as a political party officer;
 
UTAH REPUBLICAN PARTY, Political Party qualified to participate in a Utah elections as a State Political Party, a political subdivision;
 
UTAH REPUBLICAN STATE CENTRAL COMMITTEE, as individual members of the governing and policy-making body of the party, (see Addendum)
 
Respondent(s.)
 
 
Notice of Intent to File Claim for Deprivation of Rights.
 
This serves as formal Notice of Intent to file a claim and verified petition with the federal court pursuant to Part 4 of the Utah Election Code 20A, regarding Election Law Controversies. As provided under Utah Code 63G-7-401(2), this notice is provided due to an act of omission during the performance of duties under color of authority of law and causing deprivation of Claimant’s First and Fourteenth Amendment rights. As a Sate Central Committee Member, serving on a public board of a State Political Party, as defined under Utah Code 20A-8-101(6) and pursuant to Utah Code 20A-8-401, you have a duty to ensure the internal governing registered political party constitutions and rules are followed. Any failure of that duty, under the color of law, makes you personally liable for any violations of a members’ constitutional rights under 42 U.S.C. § 1983.
 
As a member of the Utah Republican Party, a state delegate, and a person who has actively participated in making nominations, I am compelled to take legal action due to significant errors and omissions in the primary ballots. The Utah Republican Party Constitution, Article XII, Section 2. I. states, “[a] candidate for an office that receives 60% or more of the votes cast at any point in the balloting process at the state nominating conventions shall proceed to the general election.”
 
As you are aware, candidates, including Phil Lyman, received “60% or more of the votes cast” at the Utah Republican Party Convention held on April 27, 2024. Pursuant to Utah Code 20A-9-407(6)(a), as a “qualified political party that nominates a candidate under this section, shall certify the name of the candidate to the lieutenant governor before…” 5:00 p.m. on April 29, 2024.
 
Pursuant to Utah Code 20A-9-407(6)(b), the code instructs the lieutenant governor to perform ministerial duties and place those candidates to the appropriate ballots instructed by the Utah Republican Party. Those two candidates that received the highest number of votes but never receiving “60% or more” were to be included on the “primary ballot certification,” those candidates seeking the Republican nomination that were unopposed, and the candidates became the nominee at convention, were to be included in the “general election ballot certification” per the Utah Republican Constitution. Although this may come as a shock that laws have been broken, you as a State Central Committee member have personal liability if it is not corrected. The law does not state that a nominee must be forced to a regular primary when receiving nomination at the party’s convention. As the governing body of the party, it is your duty to see that the rules are carried out accordingly. Although this educational video may be a bit long, it is your duty to review it and understand the law, instead of just believing what others tell you it means.
 
I, and others, including Phil Lyman, have brought this to the attention to some representatives, including the Republican Party Chair, Robert Axson, who continue to sweep the truth under the rug. Utah has become lawless, and it is your duty, as a State Central Committee Member, to demand that our party constitution be followed, and protect the party member’s First and Fourteenth Amendments, or be personally financially responsible under 42 U.S.C. § 1983.
 
The claim will be directed against members of the State Central Committee and State Party Officers, who have persistently disregarded our Party Constitution and failed to demand the correction of these mistakes is in direct violation of party members and Claimant’s First and Fourteenth Amendment rights.
 
STATEMENT OF FACTS
 
As a Utah Republican State Central Committee Member, under Utah Code 20A-8-401, you are charged with the governing and policy-making body of the Party.
 
According to the Utah Republican Constitution Article IV.  “The State Party Chair shall serve as liaison with the Lieutenant Governor of the State of Utah on all matters relating to the Party’s relationship with the state and carry out the responsibility subject to the directives of the State Central Committee.” See Utah Republican Party Bylaws 5.0 Party Operations.
 
As such, you are personally liable for failure to comply with the Utah Republican Party Constitution. The Utah Republican Party is a registered political party with the state of Utah, as political party leaders, you are acting under color of state law during the party nominating convention and state election laws. As such, you have responsibility under Utah Code 20A-9-407, a state action of conducting the qualified political party’s convention. A violation of not upholding the party rules, is an omission of your duties and a violation of our constitutional rights, any party member and delegate can seek remedy under 42 U.S.C. 1983, if not corrected. Each provision of a code, “whether it governs the registration and qualifications of voters, the selection and eligibility of candidates, or the voting process itself, inevitably affects – at least to some degree—the individuals right to vote and his right to associate with others for political ends.” Anderson v. Celebrezze, 460 U. S. 780, 788 (1983). Disregarding state delegate votes, simply because the Governor and Lieutenant Governor directed so, is an act of tyranny.
 
The state of Utah allows for both indirect and direct primary ballots. As a qualified political party and according to the Utah Republican Party Constitution, the Party opts to participate in the primary election process as outlined in Utah Code Title 20A, Chapter 9, Part 4. This process includes selecting its party nominee through the indirect primary (party convention), in the event that a nominee does not emerge out of the convention in accordance with the Party’s state and county nominating procedures, then the candidates move onto and the direct primary (regular primary ballot), which was held June 25, 2024. The code does not permit interference with the Utah Republican Party's internal processes during the indirect primary, which was held on April 27, 2024, where the party has the authority to select its nominees at the convention. The 10th Circuit Court in Utah Republican Party v. Cox has affirmed this, 885 F.3d 1219 and the United States Supreme Court N.Y. State Bd. of Elections v. Lopez Torres, 552 U.S. 196 (2008).
 
The pure malice of the ongoing actions by the Lieutenant Governor’s office, which disregard the Party's Constitution and bully’s the party into complying with Deidre Henderson’s concocted so-called required direct regular primary, constitute misconduct. Such actions expose every member of the State Central Committee to personal liability under the color of law. Pursuant to 42 U.S.C. § 1983 “authorizes a person to file a private cause of action against state actors for a deprivation of rights protected by the federal statute or the United States Constitution.” Oh v. Phila. Cty. Bd. of Elections, Civ. A. No. 08-0081, [2008 BL 269542], 2008 U.S. Dist. LEXIS 101656, [2008 BL 269542], 2008 WL 4787583, at *2 (E.D. Pa. Oct. 31, 2008) (citing West v. Atkins, 487 U.S. 42, 48, 108 S. Ct. 2250, 101 L. Ed. 2d 40 (1988)). The First and Fourteenth Amendments protect the rights to association, to vote, and to free speech. As a member of the Utah Republican Party, a state delegate, and someone who actively participated in the nomination process, I intend to file a private cause of action. This action arises from the failure to adhere to the Party's governing documents, or for presenting me with a fraudulent constitution and election procedures, under Utah Code 20A-8-401. Had I known the document was not authentic and that the party merely serves as a puppet with no real say in choosing its nominees, I would not have become a member.
 
Utah Code Section 20A-9-407 provides for state delegates to cast votes at the nominating convention; to elect our party nominees and every delegate vote cast was disenfranchised on April 27, 2024, violating both the First and Fourteenth Amendments. Under color of authority of the law, this convention is being performed as extension of government.
 
This is an official notice, any lack of action taken constitutes actions of conspiracy with state officials to deprive others of constitutional rights, while the private party is acting under color of state law. See Tower v. Glover, 467 U.S. 914, 920 (1984); Dennis v. Sparks, 449 U.S. 24, 27-28 (1980); Crowe v. County of San Diego, 608 F.3d 406, 440 (9th Cir. 2010); Franklin v. Fox, 312 F.3d 423, 441 (9th Cir. 2002); DeGrassi v. City of Glendora, 207 F.3d 636, 647 (9th Cir. 2000); George v. Pacific-CSC Work Furlough, 91 F.3d 1227, 1231 (9th Cir. 1996) (per curiam); Kimes v. Stone, 84 F.3d 1121, 1126 (9th Cir. 1996); Howerton v. Gabica, 708 F.2d 380, 383 (9th Cir. 1983).
 
It is increasingly evident that the Utah Republican Party, in collaboration with the Lieutenant Governor's office, is undermining the constitutional rights of party members and nominees. According to the Party Constitution, once a candidate secures the nomination through the convention system they are to proceed to the general election ballot. The state has no authority over the Party’s internal procedures, a principle repeatedly upheld by the Supreme Court. This is basic common sense. Therefore, the only plausible explanation for continuing this charade is that Party Officers and members of the State Central Committee are conspiring to enforce this fake “Grand Ol’ Party Blanket Primary” to deprive party members of their constitutional rights.
 
“To prove a conspiracy between the state and private parties under [§] 1983, the [plaintiff] must show an agreement or meeting of the minds to violate constitutional rights. To be liable, each participant in the conspiracy need not know the exact details of the plan, but each must at least share the common objective of the conspiracy.” United Steelworkers of Am. v. Phelps Dodge Corp., 865 F.2d 1539, 1540-41 (9th Cir. 1989) (en banc) (citations and internal quotations omitted); see also Crowe, 608 F.3d at 440; Franklin, 312 F.3d at 441; Mendocino Envt’l Ctr. v. Mendocino County, 192 F.3d 1283, 1301-02 (9th Cir. 1999); Gilbrook v. City of Westminster, 177 F.3d 839, 856-57 (9th Cir. 1999); Taylor v. List, 880 F.2d 1040, 1048 (9th Cir. 1989). Any inactions from the State Central Committee are a “meeting of the minds” and a violation of Claimant’s constitutional rights.
 
The Utah Republican Party engaged in two legal cases related to the 2014 Senate Bill 54. These cases concluded that, because it was the Utah Republican Party itself — and not individual members — that was the party to the action, SB54 did not alter or require changes to the party's internal procedures, nor did it eliminate the convention process, which functions as an indirect primary and allows a candidate to “proceed straight to the general election.” Since the party retained the ability to select its nominee at the nominating convention, the courts found the language of SB54 to be constitutional in relation to the party.
 
Phil Lyman has formally brought these errors to the attention of Robert Axson, Chair of the Utah Republican Party, through a petition for Extraordinary Writ, you can find these documents [here]. This petition, which names both Axson and the Party as respondents, presents clear case law demonstrating that a mistake was made by the lieutenant governor in including the names of candidates who were nominated through the Party’s indirect primary process. This error has harmed not only the candidates but every member of our Party. While the corruption of one justice was able to deny the Writ out five, Phil Lyman is still seeking legal action to higher courts and will continue through the appropriate legal channels. There is no doubt that truth will prevail. God wins!
 
We, as a Party, believe in a representative form of government. As Party leaders — elected by me and many others — you have a duty to see that we are represented in accordance with our internal processes and we demand that our voices be represented, and that corrective action be taken.
 
Lieutenant Governor Henderson is only to be administerial in her position. The Utah Lieutenant Governor has no judicial power; her duty is purely ministerial and extended only to receiving the certification from the Utah Republican Party to put the party nominees from the nomination convention to the general election ballot. "When a ministerial officer leaves his proper sphere and attempts to exercise judicial functions, he is exceeding the limits of the law and guilty of usurpation. * * * To permit a mere ministerial officer arbitrarily to reject returns at his mere caprice or pleasure, is to infringe or destroy the right of parties, without notice or opportunity to be heard, a thing which the law abhors and prohibits." State v. Sears, 44 Mo. 223. Lyman v. Martin, 2 Utah 136, 148 (Terr. Sup. Ct. 1880)
 
Just because Lieutenant Governor Henderson has already made a mistake and held a primary election placing illegitimate Candidates Cox and Henderson on the ballot, who had been eliminated through an indirect primary election, does not mean that our Party should not demand it be corrected nor relieve the Party — or you as individual — of liability. There has been a clear improper conduct that would result in the election of a person who did not receive the highest number of “legal” votes, and such improper conduct would change the results for that office. See Utah Code 20A-4-402 To continue to allow this charade to continue, is a derelict of the duty of any State Central Committee member and State Party Officers.
 
It is unlawful for any person to forge or counterfeit any election returns from any election. “In accordance with Utah Code 20A-4-407, the inclusion of Petitioner Lyman, Natalie Clawson, Spencer Cox, and Deidre Henderson on the primary election ballot was unlawful, rendering those ballots, “election returns,” counterfeit. This willful misconduct constitutes a third-degree felony and malfeasance of office, causing significant harm to the integrity of the election process and to the affected parties. See Utah Code 20A-4-501.
 
Counterfeit: To forge, copy, or imitate without authority or right, with the intent to deceive or defraud by passing off the copy as the original or genuine item. In common parlance, "counterfeit" signifies the fabrication of a false image or representation. Counterfeiting an instrument involves falsely creating it, and in its broadest sense, refers to making a copy without authorization or right, with the intent to deceive or defraud by presenting the copy as if it were the original or genuine article. Smith v. State, 7 Md.App. 457,256 A.2d 357, 360, 361. — Black’s Law Dictionary – Sixth Edition
 
The fact that Spencer Cox and Deidre Henderson conducted a state primary election does not justify denying Republican Party nominees Phil Lyman and Natalie Clawson their rightful places on the November general election ballot. Furthermore, it does not erase the illegality of holding that primary in the first place. Substantial legal precedents support the argument that Phil Lyman’s Writ should not have been denied by the Utah State Supreme Court. If Utah has reached a point where every avenue for justice is corrupt and broken, it is because we have failed to hold those responsible accountable, and who have breached their duty. State v. Trimbell, 12 Wash. 440, 41 Pac. 183; People v. Hilliard, 29 Ill. 413; Smith v. Lawrence, 2 S. D. 185, 49 N. W. 9; Coll v. City Board, 83 Mich. 367, 47 N. W. 227; State v. Howe, 28 Neb. 618, 44 N. W. 878; Election Board v. State, 43 Okl. 337, 142 Pac. 984; State v. Canvassing Board, 13 Mont. 23, 31 Pac. 883; People v. Rives, 27 Ill. 242; State v. Wilson, 24 Neb. 139, 38 N. W. 31.
 
The convention process — the state's indirect primary, as outlined in the Party's Constitution — was intended to elect our Republican Party nominee when a candidate earned 60% or more of the vote. For the state to then force a candidate who rightfully secured the nomination to participate in a direct primary, with just one month and three days to campaign across the entire state, is a gross perversion of the First Amendment. Utah has become a breeding ground for lawlessness, and the Utah Republican Party has betrayed its members with a fraudulent document, pretending it upholds our principles. It is time to stop cowering in fear and hold accountable those who continue this disgraceful charade.
 
To those that believe they will be protected by the dirty judges and continue to conspire and deprive the Republican Party members and delegates their rights to association, to vote, and to free speech, tort law differs from other laws, and a jury will be requested.
 
To those members of the Utah Republican Party State Central Committee who have the courage to stand up for what is right, to defend the rights of our members and rightful nominees by taking the actions listed below, will not be included in this claim. I encourage any State Central Committee member who believes the party and other committee members are refusing to take corrective action to join this effort. Additionally, this Notice of Intent will be shared with all members of the Utah Republican Party, inviting anyone who feels harmed to join this action.
 
CLAIMS
 
The nature of the claim is deprivation of rights under color of law. This includes actions taken by officials within their lawful authority, as well as those taken when they pretend to act in an official capacity. Individual members of the governing body of the Republican Party, while acting under the color of state law, is liable for the violation of Claimants First and Fourteenth Amendment rights. Each provision of a code, whether it governs the registration and qualifications of voters, the selection and eligibility of candidates, or the voting process itself, inevitably affects--at least to some degree--the individual's right to vote and his right to associate with others for political ends. Anderson v. Celebrezze, 460 U. S. 780, 788 (1983). Our party convention is the process of the selection of candidates and Claimant’s vote as a state delegate has been disenfranchised and Claimant’s right to associate has been trampled on.
 
DAMAGES
 
The damages incurred by the Claimant are currently unknown. However, the Claimant intends to seek all remedies available under the law for any damages awarded. This is due to the clear and convincing evidence that the tortfeasor's acts or omissions were the result of willful and malicious conduct, intentional fraud, or conduct that manifests a knowing and reckless indifference toward, and disregard of, the Claimant’s First and Fourteenth Amendment rights.
 
Wherefore, by affirming our belief in God and supporting the “Rule of Law,” the following actions and individual relief may be granted through the tools available to you and the powers invested in you as members of the State Central Committee, the governing body of our party, to restore order to our Party:
 
Removal of the Utah Republican Chair, Robert Axson: Actions and individual relief include the removal of the Utah Republican Party State Chair and their replacement, as outlined in Article III.D. of the Party's governing documents. Robert Axson has shown allegiance to Spencer Cox and Deidre Henderson over our party and its members. The law is clear: no statute mandates giving a losing candidate “another chance” after failing to secure the nomination at convention. This practice not only violates the First and Fourteenth Amendments but is also morally and ethically wrong, directly contradicting the principles of the Utah Republican Party platform. - "We, the Republican Party of the Great State of Utah, affirm our belief in God and declare our support for government based upon a moral and spiritual foundation. We affirm freedom for every individual as expressed in the Declaration of Independence and protected by the Constitution. We believe that citizens' needs are best met through free enterprise, private initiative, and volunteerism. We support the “Rule of Law” and believe in upholding the law of the land.” – Preamble, Utah Republican Party Platform
 
Compliance with Utah Code 20A-9-407(6): Actions and individual relief include filing a Writ of Mandamus in the proper jurisdiction to compel an inferior government official, the lieutenant governor’s office, to fulfill their official duties and correct this abuse of discretion and place the party nominees to the general election ballot, which were certified the Monday before 5:00 pm following the party convention. This remedy seeks to protect both State and County Utah Republican convention nominees, ensuring that Republican Party candidates elected through the party’s convention process are placed on the ballot, as required by Utah Code 20A-9-407.
 
Compliance with Utah Code Utah Code 63G Part 2: Actions and individual relief include filing a Writ of Mandamus in the proper jurisdiction to compel an inferior government official, the government records agency, to provide the list of names of those who signed the nominating petitions that directly impact the Republican Party. The law is clear that we the people have the right to the list and names and that only the signature is protected under Utah Code 63G-2-305.5(1).
 
Judicial Removal Pursuant to Utah Code 78B-6-606: Actions and individual relief include filing a Writ of Mandamus in the proper jurisdiction to compel an inferior government official, the attorney general’s office, to fulfill their official duties and correct this abuse of discretion. To investigate and prosecute any state officials who are guilty of malfeasance, usurping, intruding into or unlawfully holding or exercising an office, franchise, or privilege from the office, pursuant to Utah Code 78B-6-606. “We demand honesty, integrity, morality, and accountability of our public officials. We will work to expose and stop corruption.” - Ethics and Standards, Utah Republican Party State Party Platform
 
Removal State Central Committee Members: Actions and individual relief include the removal of committee members pursuant to Utah Republican Party Bylaws 2.0B, who were elected or appointed to that committee but refuse to abide by the party governing documents. Those who continue to act against the party platform allowing the government to intrude into the freedoms of Utah citizens and are members and allow party officers to continue to act in this unlawful manner only grow government corruption and is violation of their duty as a member of the governing body. “We believe government properly exists by the consent of the governed and must be restrained from intruding into the freedoms of its citizens. The function of government is not to grant rights, but to protect the unalienable, God-given rights of life, liberty, property, and the pursuit of happiness.” – The Proper Role of Government, Utah Republican party State Party Platform
 
I, Tracie Halvorsen, Claimant, certify that the memorandum in support is presented in good faith and not for delay. Respectfully submitted this 21st day of August 2024.
 
By: /s/ Tracie Halvorsen          
Claimant
 
 
CERTIFICATE OF SERVICE
 
I hereby certify that on the 21st day of August 2024, I provided the foregoing Notice of Intent to File a Claim by email to a member of the governing board pursuant to Utah Code 63G-7-401, Robert Axson, via email and directed him to provide the notice to the governing body and other members of the party liable as they do not provide contact information for them other than a phone number.
 
/s/ Tracie Halvorsen          
 Claimant