Voters are entitled to know Herbert's determination before the election, Thompson said, acknowledging that forcing a decision means that Ellis' complaint could be declared frivolous by the lieutenant governor.

"This chips should be allowed to fall where they may," Thompson said.

Assistant Attorney General Thom Roberts, who represented the lieutenant governor, said Herbert was concerned that any action taken on the complaint before the primary "might be misinterpreted" by voters.

As the state's chief elections officer, the lieutenant governor is only responsible for reviewing election complaints to determine if they warrant further investigation by the Attorney General's Office. It's up to prosecutors to decide if charges should be filed.

But Associate Chief Justice Michael Wilkins said all that could be explained to voters by the lieutenant governor and others. "You have to give the voters the opportunity not to be stupid," Wilkins said.

Earlier Friday, the court denied an attempt by Walker to intervene in the case.

Ellis, who narrowly avoided being eliminated from the race at the state GOP convention last month, has the backing of the current state treasurer, Ed Alter, who is stepping down after 28 years in office.

Walker is supported by many high-ranking Republicans, including Attorney General Mark Shurtleff.

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