Failed gubernatorial candidate Phil Lyman suffered another setback in court Thursday as a judge dismissed his lawsuit against write-in candidate Richard Lyman, which claimed that Richard Lyman was paid by Gov. Spencer Cox’s supporters to get in the race to confuse voters and sap votes from Phil Lyman’s own write-in bid.
Phil Lyman was seeking $1.7 million in damages from Richard Lyman and his mother and lieutenant governor candidate Carol Lyman.
But Utah 3rd District Judge Amber Mettler said Thursday that Phil Lyman and his candidate for lieutenant governor Natalie Clawson had failed to provide evidence to support any of their claims, dismissing the lawsuit and ordering Phil Lyman and Clawson to pay attorneys fees, court costs and expenses incurred in the litigation.
“I’m disappointed but not surprised,” Phil Lyman said after the decision. “I’m also disappointed, but not surprised, that the media has been unwilling to look into the inducement of Richard Lyman and his mother to run as write-in candidates.”
Richard and Carol Lyman dropped out of the gubernatorial race after Phil Lyman sued them, saying they could not afford the fight to continue their candidacy.
“The claims in the lawsuit were categorically false,” Richard Lyman said in a statement Thursday. “We had every right to run for governor and lieutenant governor and should not have been forced out by those with deeper pockets. Hopefully this is a lesson for anyone who would intimidate political candidates trying to make their communities better by pursuing a life of public service.”
Phil Lyman’s lawsuit alleged that Richard Lyman had told a work colleague that he had been called by a supporter of Cox and offered $1,000 and a steak dinner to file as a write-in candidate for governor.
With two Lymans in the race, voters would have had to write the candidate’s full name in order for their votes to count, which presumably would have diluted some of Phil Lyman’s support.
Phil Lyman received 200,551 votes in the November election, about 581,000 fewer than Cox, but is believed to be the most by any write-in candidate in U.S. elections.
The defeat has not deterred Phil Lyman, who continues to claim on social media that Cox’s election is illegitimate and alleges the governor did not collect enough valid signatures to qualify for the primary ballot. Phil Lyman also claims there should not have been a Republican primary because he won about two-thirds of the vote from the delegates at the Republican nominating convention.
Both claims have been rejected by the courts. Most recently, the U.S. Supreme Court refused to hear Phil Lyman’s lawsuit challenging the nominating process.
Note to readers • This story has been updated to include a statement from Phil Lyman.
