Chad C.

Shattuck (#9345)
TYCKSEN & SHATTUCK, L.C.
12401 South 450 East, Suite E-1
Draper, Utah 84020
Telephone: (801) 748-4081
Fax: (801) 748-4087
Email: chad@tyshlaw.com

Attorney for Petitioner

IN THE THIRD JUDICIAL DISTRICT COURT

SALT LAKE COUNTY, STATE OF UTAH

RICHARD QUIN DENNING, VERIFIED PETITION

an individual, REGARDING THE CANDIDACY
OF CELESTE MALOY
Petitioner, (Tier 2)

vs.
Case No.:
DEIDRE HENDERSON Lieutenant Governor
of Utah and Celeste Maloy, an individual, Judge:

Respondents.

COMES NOW Petitioner Richard Quin Denning, through his undersigned counsel,

and pursuant to Utah Code §20A-1-404 hereby petitions this Court regarding the candidacy

of Respondent Celeste Maloy (“Maloy”) and require the Lieutenant Governor of Utah and

her office (“The Lieutenant Governor’s Office” or “LGO”) to remove Maloy as a candidate

in the race for the seat in the United States House of Representatives for the Second

Congressional District of Utah.

 NATURE OF THE CASE

This lawsuit seeks to compel the “LGO” and Maloy to comply with Utah law. Maloy was

not a member of the Utah Republican Party (“Utah GOP”) when she declared her candidacy for

the seat in the United States House of Representatives that is soon to be vacated by Chris

Stewart. Maloy also had not legally established her residency in Utah at the time she declared her

candidacy. Being a member of her declared political party and being a resident are both

requirements under Utah law to qualify a person to run as a candidate for the congressional seat

at issue. Since Maloy did not meet the statutory requirements to run for this office when she

declared her candidacy, and did not meet those requirements as of the June 14, 2023 deadline,

she should be disqualified as a candidate under Utah law.

The LGO is aware of the legal requirements under Utah law for a person to qualify to

declare her candidacy for congressional office. The LGO became aware that Maloy was not a

registered member of the Republican Party when Maloy declared her candidacy for Utah’s

Second Congressional District seat in the United States House of Representatives in the

upcoming special election, and was not a member when the filing deadline passed, and failed to

disqualify her from running. the LGO failed to follow Utah law and disqualify Maloy as a

candidate, and waited until after the Special Republican Convention to reveal the information

after Maloy won the nomination at convention. Under Utah law Maloy is not eligible to be a

candidate and Henderson should be ordered to not put Maloy on the ballot or consider Maloy as

a candidate moving forward.

PARTIES, JURISDICTION, AND VENUE

1. Petitioner Richard Quin Denning (“Denning”) is an individual residing in

Washington County, Utah. Denning was a candidate for Utah’s Second Congressional

2
 District for the United States House of Representatives.

2. Respondent Deidre Henderson is the Lieutenant Governor for the State of

Utah (“LGO”) and is named in her official capacity.

3. Respondent Celeste Maloy (“Maloy”) is an individual who has resided in

Arlington Virginia the last four years. 1 She claims to now reside in Iron County, Utah. Maloy

is a candidate for Utah’s Second Congressional District for the United States House of

Representatives.

4. This court has jurisdiction over this matter pursuant to Utah Code §78A-5-102.

5. Venue is proper pursuant to Utah Code §§ 78B-3-307.

6. This case is classified as Tier 2 for discovery purposes under Rule 26 of the

Utah Rules of Civil Procedure. Utah R. Civ. P. 26(c)(3). Petitioner reserves the right to amend

this designation should later events in this case so warrant.

RELEVANT SPECIAL ELECTION DEADLINES

7. Pursuant to the Writ of Election, Proclamation, and Notice of Election issued

by Governor Cox on June 7, 2023 (a true and correct copy of which is attached hereto as

Exhibit 1), the following deadlines are important to this election controversy:

a. Candidates for the congressional election were to submit their declarations of

candidacy by June 14, 2023.
b. Political Parties were required to submit their candidate by July 5, 2023.
c. The special congressional election is to be held on September 5, 2023.
d. The General special congressional election is to be held on November 21, 2023.
e. Except as modified by Governor Cox’s Writ, election deadlines remained as set
forth in Title 20A of the Utah Code (the Election Code).

1
The address Maloy has listed with the Utah Bar Association is 166 Cannon House Office Building, Washington
DC 20515 (services.utahbar.org) – this is apparently a work address.

3
 8. Pursuant to Utah Code §20A-5-405(1)(f): “no later than 45 days before the day

of the election, make sample ballots available for inspection, in the same form as official

ballots and that contain the same information as official ballots…” Thus the ballot deadline

for the special election is July 19, 2023.

9. Pursuant to Utah Code §20A-3a-202(2) the LGO must mail out ballots to

voters “no sooner than 21 days before election day and no later than seven days before election

day….” Thus the earliest such can be mailed for the special election is August 15, 2023, and

the latest date for mailing is August 29, 2023.

10. The Court should rule on this election controversy as soon as possible to enable

compliance with the ballot mailing deadlines.

GENERAL ALLEGATIONS

11. As did other legal candidates, Denning invested tens of thousands of dollars

and countless hours in pursuing his campaign for election as the Representative of Utah’s

Second Congressional District.

12. Petitioner’s campaign was impacted by the participation of each and every

other candidate for the Party nomination for the same congressional seat.

13. Petitioner relied on the LGO as the Election Official to not allow any illegal

candidate into the race so that the voting at the Special Convention would result in the

nomination of a legally qualified candidate.

14. Unbeknownst to Petitioner until after the Special Republican Convention, held

in Delta, Utah on June 24, 2023, another candidate, Celeste Maloy did not meet the statutory

qualifications to become a candidate for Second Congressional District in the U.S. House of

Representatives.

4
 15. Having an illegal candidate in the congressional race impacted the voting at the

Special Convention. Voters who would otherwise have not considered Maloy undertook to

vote for candidates, including Maloy on the assumption that the candidates were properly

authorized by the LGO and legally qualified under Utah law.

16. In February 2016, Maloy submitted a voter registration form to the Washington

County Clerk. On the form she was affiliated as a member of the Utah GOP.

17. In 2019 Maloy moved to Virginia, after being hired by Congressman Chris

Stewart.

18. Upon information and belief, from 2019 through 2023 Maloy resided exclusively

in Virginia.

19. Maloy has confirmed that she has lived in Virginia working for Congressman Chris

Stewart for the last four years. See the interview Maloy had with Eric Mousos at 8:57-9:49,

https://rumble.com/v2yk3nc-celeste-maloy-friend-or-foe-to-utah-with-eric-moutsos.html .

20. Maloy filed income tax returns for for the last four years in the state of Virginia while

residing in Virginia. See id. at 14:11-23.

21. Upon information and belief Maloy was a resident of Virginia on May 31, 2023

when Congressman Stewart announced his resignation.

22. Upon information and belief, thirteen days later Maloy used the address of a

residence belonging to Lucia Maloy as her own when declaring her candidacy.

23. The Republican Party Constitution requires that a party member be a resident of

Utah. See the Utah GOP Constitution, Article 1(c). A true and correct copy of the Republican

Party Constitution is attached hereto as Exhibit 2.

24. Pursuant to the Republican Party Constitution, Maloy was not eligible to be a

member of the Utah GOP while not a resident of Utah from 2019 forward.

5
 25. In April 2019, the Washington County Clerk designated Maloy’s voter

registration status as “inactive” after receiving information, through National Change of

Address Processing, that she no longer lived at the address listed on her voter registration and

mailed notice informing her of this, as required under Utah Code §20A-2-505.

26. In January 2023, Maloy was removed from the current voter registration as required

by Utah Code §20A-2-504(iv) because she did not respond to the notice and did not vote

between the time the notice was mailed and the date of the second regular general election

following the mailing of the notice, and under such circumstances the “county clerk shall

remove a voter’s name form the official register”.

27. On June 12, 2023, Maloy filed with the Office of the Lieutenant Governor a

declaration of candidacy for Second Congressional District. On the declaration of candidacy,

Maloy indicated that she was, at the time filing, a member of the Republican Party. Attached

hereto as Exhibit 3 is a true and correct copy of Maloy’s Declaration of Candidacy.

28. Maloy was not a member of the Utah GOP at the time she filed her

declaration of candidacy on June 12, 2023 because she was at the time not registered with

the Party to vote.

29. As of June 14, 2023, Maloy was not a registered member of the Utah Republican

Party.

30. Utah Code §20A-9-201(2)(a)(iii) reads in part that “an individual may not file a

declaration of candidacy for a registered political party of which the individual is not a member.”

31. On or before June 15, 2023, the LGO was aware of Maloy’s ineligibility to run

for the position as a Representative in the Second Congressional District of Utah due to not being a

registered member of the Utah Republican Party.

32. Article I, Section 2 of the United States Constitution requires that a candidate for

6
 the office of U.S. House of Representatives be: (1) a U.S. Citizen, (2) at least 25 years old, and (3) an

inhabitant of the state at the time of election.

33. “The term “ inhabitant” implies a more fixed and permanent abode than the term “

resident,” and frequently imports many privileges and duties, which a mere resident could not claim

or be subject to. There is a marked difference in the two terms.” 2

34. Consistent with the authority preserved to the states by the 10th Amendment to the

U.S. Constitution, states elect their representatives pursuant to state law and can impose additional

requirements on an elected official.

35. Utah’s The Election Code expressly requires that BEFORE declaring candidacy

for a United States Congressional seat in Utah, a potential candidate MUST:

a. be a United States citizen;

b. meet the legal requirements of that office; and
c. if seeking the nomination of a registered political party, state the
registered political party of which the individual is a member or state
that the individual is not a member of a registered political party.

Utah Code §20A-9-201(1).

36. Pursuant to Utah Code §20A-1-105, the LGO

(a) is the chief election officer of the state;

(b) is the chief election officer of the state;
(c) shall enforce compliance by election officers with all legal requirements
relating to election including:
(iii) all other applicable provisions of federal law and rule relating to
elections;
(iv) state law relating to elections;
(v) the requirements of this title; and
(vi) rules made under this title

37. Instead of enforcing compliance with Utah’s election laws as required by Utah

Code §20A-2-101(1)(b), and §20A-1-501, the LGO ignored Maloy’s statutory deficiencies and

2
Board of Supervisors v. Davenport, 40 Ill 197, at HN1 and 206 (Illinois S. Ct.,1866).

7
undertook efforts to reach out to Maloy to remedy the fact that Maloy was not a member of the Utah

GOP when she declared her candidacy.

38. On or about June 15, 2023, the LGO informed Maloy that she was not a statutory

resident or on the voter registration records for the Utah GOP, and therefore not a member of the

Republican party at that time, and that she needed to be on the registration records to be determined

to be a member of the Party.

39. On June 15, 2023, Maloy submitted an online voter registration form and

indicated on the form her affiliation with the Republican Party.

40. On June 16, 2023 the Iron County Clerk updated Maloy’s voter registration

information and changed her voting status to that of an active voter.

41. The LGO did not reveal to the Republican Party of Utah that Maloy did not meet

the qualifications of Utah Code §20A-9-201 to be a candidate at any time prior to the GOP

special convention.

42. Maloy did not reveal to the Republican Party of Utah that she did not meet the

qualifications of Utah Code §20A-9-201 to be a candidate, but submitted her declaration

while not a member of the Party and not a resident of Utah.

43. On June 24, 2023, the Republican Party held a special convention to nominate a

replacement candidate for the upcoming vacant seat in Utah’s Second Congressional District.

44. On June 24, 2023, Maloy became the presumptive Republican Party nominee to

replace Congressman Chris Stewart as the Utah House of Representative in Utah’s Second

Congressional District.

45. Upon information and belief, the address on Maloy’s Declaration of Candidacy is

the residence belonging to a family member. See Exhibit 4 – a true and correct copy of

County record for the property where Maloy purports to reside in Iron County.

8
 46. Utah Code §20A-2-105(1) “A person shall be considered a resident of the state of

a particular voting precinct if, on the date of registering to vote, the person’s principal place

of residence is in the state and in that voting precinct.”

47. Upon information and belief, the address on Maloy’s Declaration of Candidacy

was not Maloy’s principle place of residence on June 15, 2023.

48. The Utah legislature undertook the effort to review public election and party

registration records, and legislative leadership authorized a report on July 3, 2023,

summarizing the factual findings regarding Maloy’s eligibility (as set forth in ¶¶17, 18, 23-

25, 31-32 and 35 above). 3

49. Respondents knew that Maloy did not meet the statutory requirements to legally

and lawfully declare her candidacy approximately ten days prior to the Republican

Convention and knowingly failed to disclose that information to the Utah GOP until the day

after the convention.

50. On or about June 25, 2023, the LGO called the Utah GOP Chairman

Robert Axson and informed him that Maloy did not meet the requirements to be considered

as a candidate before the June 14, 2023 deadline, but that such was “corrected” after the

deadline.

51. Utah’s Election Code provides a mechanism for objection to a candidacy

declaration for elections within 10 days of the first Wednesday after the fourth Saturday in

April of an election year. Utah Code §20A-9-202(5), and §20A-9-404(b),(c).

52. However, there was no possibility of raising an objection months before the

3
Attached hereto as Exhibit 5 is a true and correct copy of the legislative report. The report can
also be found at: https://house.utleg.gov/cd2-timeline-and-facts/ .

9
declaration of candidacy was actually made in the special election, and no replacement

deadline was authorized for the special election when Governor Cox Issued his Writ of

Election authorizing a special election and setting forth deadlines for such on June 7, 2023.

See Exhibit 1.

53. Respondents misrepresented to delegates in the Second Congressional District

that all candidates met the requirements to be on the ballot by the June 14 deadline.

54. Respondent’s lack of action to prevent an illegal candidate from running for office

constitutes an integral failure in the lawful election process.

55. The fact that Maloy was legally authorized at the time of declaring her candidacy

to be on the ballot was known to be false by the Respondents.

56. Including Maloy while she was an illegal candidate changed the outcome of the

Special Convention.

57. Due to Maloy’s illegal status as the Convention nominee, members of the GOP

will be compelled to consider an illegal candidate for the special primary election set for

September 5, 2023 unless this Court rules otherwise.

FIRST CLAIM FOR RELIEF

(Declaratory Relief Disqualifying Maloy Pursuant to Utah Code §20A-1-404)

58. Petitioner incorporates the foregoing allegations of this Complaint as though fully

set forth herein.

59. Maloy did not meet the statutory requirements to declare her candidacy on June

12, 2023 when she filed her Declaration on June 12, 2023.

60. The Election Code expressly requires that BEFORE declaring candidacy for a

United States Congressional seat in Utah, a potential candidate MUST:

10
 a. be a United States citizen;
b. meet the legal requirements of that office; and
c. if seeking the nomination of a registered political party, state the
registered political party of which the individual is a member or state
that the individual is not a member of a registered political party.

Utah Code §20A-9-201(1).

61. Maloy did not meet the requirements for candidacy for the congressional seat by

the June 14, 2023 deadline.

62. This deficiency was known by Maloy and the LGO at least 9 days before the

special Convention held on June 24, 2023, whereat Maloy won the nomination.

63. Disqualifying Maloy for failing to meet the requirements of candidacy will serve

to enforce the legal requirements of the Election Code.

64. Upon doing so, Utah Code provides the mechanism by which the Utah GOP shall

provide another candidate to be put on the ballot:

In the event that a Party candidate resigns, dies or becomes incapacitated after
nomination at the state convention or at the primary election, the candidate shall be
replaced by the following method: … A candidate for any statewide, U.S. Senate or U.S.
Representative office shall be replaced by the State Central Committee.

GOP Constitution Article XII §8(B)(2); see also Utah Code 20A-1-501.

65. Candidates in Utah have been disqualified for failing to comply with election laws

and deadlines. 4 Some examples can be found where even filing candidacy documents one

minute late has been sufficient to be disqualified. 5 It would be appropriate here to uphold

Utah law and disqualify Maloy.

66. Disqualifying Maloy for being an illegal candidate will afford the GOP to provide

4
https://kslnewsradio.com/1977692/candidate-disqualified-in-davis-county-house-race/ ,
https://www.deseret.com/utah/2019/8/7/20797627/salt-lake-city-council-candidate-disqualified-for-finance-
reporting-issue
5
https://www.fox13now.com/2019/08/13/draper-city-council-candidate-disqualified-for-filing-documents-one-
minute-late.

11
a lawful nominee for consideration in the Utah GOP Primary Election.

SECOND CLAIM FOR RELIEF

(Injunctive Relief against Maloy Pursuant to Utah Code §20A-1-404)

67. Petitioner incorporates the foregoing allegations of this Complaint as though fully

set forth herein.

68. Utah Code § 20A-1-404 authorizes a candidate for office to challenge an election

officer’s or other election-related person’s performance of any duty or action taken under

Utah’s Election Code. Utah Code §20A-1-404(a)(i) provides:

Whenever any controversy occurs between any election officer or other person or entity
charged with any duty or function under this title and any candidate, or the officers or
representatives of any political party, or persons who have made nominations, either
party to the controversy may file a verified petition with the district court.

69. After reviewing the petition, a Court shall “summarily hear and dispose of any

issues raised by the petition to obtain . . . substantial compliance with all other provisions of

[the Election Code] by the parties to the controversy” and “make and enter orders and

judgments, and issue the process of the court to enforce all of those orders and judgments”

to resolve to the controversy. Utah Code § 20A-1-404(2)(b)(ii), (c).

70. The Election Code expressly requires that BEFORE declaring candidacy for a

United States Congressional seat in Utah, a potential candidate MUST:

a. be a United States citizen;

b. meet the legal requirements of that office; and
c. if seeking the nomination of a registered political party, state the
registered political party of which the individual is a member or state
that the individual is not a member of a registered political party.

Utah Code §20A-9-201(1).

71. The Election Code mandates that “an individual may not … file a declaration of

12
candidacy for a registered political party of which the individual is not a member, except to

the extent that the registered political party permits otherwise in the registered political

party’s bylaws.” Utah Code §20A-9-201(2)(a)(iii)

72. On June 12, 2023, Maloy was not a member of the Utah GOP.

73. The Utah GOP Bylaws has no provision allowing a person who is not

a member of the party to run as a candidate within the party.

74. On June 12, 2023, Maloy knew that she was not a registered as member of the

Utah GOP.

75. The Utah GOP Constitution requires all members to be a resident of

Utah. Utah GOP Constitution Article 1(C).

76. The Utah GOP Constitution requires all members to be a resident of

Utah. Utah GOP Constitution Article 1(C).

77. As of June 14, 2023, the deadline for declaring her candidacy, Maloy was a tax-

paying resident of Virginia.

78. As of June 14, 2023, Maloy was not yet a resident of Utah

79. On June 12, 2023, when she declared her candidacy Maloy knew that she was not

a resident of Utah, and therefore not a member of the Utah GOP.

80. Maloy did not meet the qualifications for candidacy as of June 14, 2023,

and there is no provision in the Election Code to retroactively change her illegal status upon

making her declaration, the Court should order that Maloy is disqualified from running in

the special election and restrain her from having her name on any ballot.

THIRD CLAIM FOR RELIEF

(Injunctive Relief against the LGO Pursuant to Utah Code §20A-1-404)

81. Petitioner incorporates the foregoing allegations of this Complaint as though fully

13
set forth herein.

82. The LGO knowingly allowed Maloy who did not meet all of the requirements for

declaring her candidacy before the filing deadline to become a candidate for the GOP

nomination for the special election for the Second Congressional District seat.

83. The LGO “shall enforce compliance by election officers with all legal

requirements relating to elections, including… state law relating to elections.” Utah Code

20A-1-105(1)(c)(iv) (emphasis added).

84. The Election Code expressly requires that BEFORE accepting a United States

Congressional candidate’s declaration of candidacy, the LGO must read the requirements for

that office and have the prospective candidate declare she is qualified.

Utah Code 20A-9-201:

(3)(a) Except for a candidate for president or vice president of the United States, before
the filing officer may accept any declaration of candidacy, the filing officer shall:
(i) read to the individual the constitutional and statutory qualification
requirements for the office that the individual is seeking;

(ii) require the individual to state whether the individual meets the
requirements described in Subsection (3)(a)(i).

85. The LGO purports to have complied with the Election Code when receiving

Maloy’s stated compliance with the statutory requirements for her candidacy.

86. However, the LGO was aware that Maloy was not qualified under Utah law when

she declared her candidacy on June 12, 2023, and was still not qualified as of June 14, 2023,

the deadline for such.

87. Instead of enforcing the Election Code and deeming Maloy ineligible to run for

14
 the congressional seat, the LGO sought after the fact to correct the eligibility deficiency after

the deadline had passed.

88. The LGO should have notified the Utah GOP of Maloy’s lack of qualification for

the office Maloy sought. The LGO failed to do so, thus removing the Utah GOP’s ability to have

only legal candidates at the Special Convention.

89. The LGO has failed to administer the Election Code in a fair and equal manner,

and as required by Utah law.

90. Because of the LGO’s failure to perform her statutorily mandated duties, and

since Maloy did not meet the qualifications for candidacy as of June 14, 2023, the Court

should order that the LGO as Election Official not include Maloy as a candidate for Utah’s

Second Congressional District seat in the United States House of Representatives.

91. Since Maloy did not meet the qualifications for candidacy as of June 14, 2023,

and there is no provision in the Election Code to retroactively change her illegal status, the

Court should order that the LGO not print or mail out any election ballots bearing Maloy’s

name.

92. Since Maloy did not meet the qualifications for candidacy as of June 14, 2023,

and the LGO knowingly withheld that information from the GOP and GOP delegates until

after the special convention, the Court should compel the LGO to request a new nominee

from the Utah GOP due to Maloy’s disqualification, and to include the name of such

nominee on the ballot in the upcoming special election.

15
 PRAYER FOR RELIEF

WHEREFORE, Petitioner demand the Court order as follows:

1. That Maloy be disqualified from running for the United States Congressional

Seat for Utah’s Second Congressional District due to her ineligibility as of the candidacy

declaration date and her knowingly withholding such information from the GOP and the

GOP delegates at the Special Convention.

2. That LGO be restrained from including Maloy in any further election for the

United States Congressional Seat for Utah’s Second Congressional District due to her

ineligibility as of the candidacy declaration date and the LGO knowingly withholding such

information from the GOP and the GOP delegates at the Special Convention.

3. That the LGO be compelled to request a new nominee from the Utah GOP, as

authorized buy Utah Code 20A-1-501, due to Maloy’s disqualification, and to include the name

of such nominee on the ballot in the upcoming special election.

4. For such other relief as the Court deems just and appropriate under the

circumstances.

16
 VERIFICATION

I, R. Quin Denning verify under penalty of perjury that the foregoing factual statements
in the Verified Petition Regarding the Candidacy of Celeste Maloy are true and correct to the
best of my knowledge and understanding.

__/s/ with permission on July 18, 2023____

Richard Quin Denning,

DATED and SIGNED this 18th day of July, 2023.

TYCKSEN & SHATTUCK, L.C.

/s/Chad C Shattuck
Chad C Shattuck, Attorney for Petitioner

17