This is an archived article that was published on sltrib.com in 2004, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
He's on.
On Thursday, only five days before Election Day, the Utah Supreme Court ruled that a note from Mayor Nancy Workman's doctor qualified under state law to replace her on the ballot with a new GOP nominee: Ellis Ivory.
Originally a write-in challenger, Ivory was listed with the other candidates for seven hours Wednesday before a 3rd District judge labeled the doctor's note ''ambiguous'' and ordered his name removed from the ballot.
Thursday's high court decision reversed Judge Stephen Henriod's ruling.
The note, submitted by Workman on Oct. 12, ''substantially complies with the minimal requirements of the Utah Election Code,'' Justice Michael Wilkins wrote.
The order did not say if the justices were split, but a court spokeswoman said it reflected a "majority" opinion. All but one of the five justices were appointed by Republican governors.
Ivory and the Republican Party were delighted with the turn of events.
"I'm pleased that the people of Salt Lake County will be able to have a choice on the ballot," he said. "It's going to be easier for them to go in and decide who they want to be their mayor. I just have to keep on working to convince people that I can do the job."
County GOP Chairwoman Tiani Coleman touted the decision as good for voters.
"They will get to have a full choice on the ballot," she said. "It's going to make it easier for everyone."
Especially Ivory. As a Republican on the ballot, he will get all the straight-GOP votes cast after the high court decision. Four years ago, more than 50,000 people voted straight Republican.
Consequently, Democrats lamented the decision, which came two hours after the court's hourlong hearing Thursday.
The Democratic Party had sued Wednesday, accusing the GOP of manipulating the election process to replace a damaged candidate.
"We're not afraid of being wrong," Utah Democratic Chairman Donald Dunn said. "We wanted a court to look at this. We're glad we took this to the court."
But the party's nominee isn't. Democrat Peter Corroon opposed the suit and said Thursday he welcomed the "toe-to-toe" contest.
"The voters will decide in the court of public opinion who is the best candidate," Corroon said. "The election is about who represents a fresh start for county government. I am the candidate who will restore faith in county government."
Unaffiliated candidate Merrill Cook said the court was almost inviting someone to look deeper into whether Workman was disabled.
"Ivory would be much better off staying as a write-in than being on a dishonest ballot," said Cook, a former two-term GOP congressman.
The Democratic suit had argued that the doctor's note - which said the strain of Workman's legal woes disables her from continuing without compromising her health - did not match the law, which requires a candidate to be mentally or physically disabled to be replaced on the ballot.
Workman, who was placed on paid leave after she was charged with two felonies accusing her of misusing taxpayer money, denies any criminal wrongdoing.
Utah's high court didn't address Workman's condition. "Because the issue was not before us, we express no opinion as to whether or not Mayor Workman is, in fact, disabled," the court said.
Workman attorney David Jordan, who attended the hearing, declined comment.
Immediately after the ruling, county election workers again placed stickers on about 700 in-office voting machines. The stickers list all candidates - including Ivory - now on the ballot and will be applied by poll workers to every voting machine in the county before the polls open Election Day.
Clerk Sherrie Swensen, a Democrat who was the target of her party's suit, said she already had plans in place to alter the ballots. And now, she says, she can focus on ensuring the election goes smoothly.
"I'm just glad to know what direction the election is headed," Swensen said.
The ruling also will help speed up results Tuesday night because the prospect of hand-counting tens of thousands of potential write-in ballots has faded.
In arguments before the Supreme Court, Democratic Party attorney Scott Daniels, a former state legislator, argued that the law was set up so that parties couldn't switch nominees unless they qualified under a few strict reasons, including being disabled.
Daniels said the law wouldn't, for example, allow a candidate who is also a National Guard soldier to be replaced on the ballot if he or she were sent to Iraq. "There are all kinds of things you could think about that should be in there, but they're not," he said.
GOP attorney Jim Jardine countered that lawmakers wanted a doctor to decide if a candidate qualified, and he said Workman's doctor did that. "The Legislature clearly delegated this to a physician to decide," Jardine said.
Deputy District Attorney Karl Hendrickson, who represented the clerk's office, pointed out that election matters should be "liberally construed" to enfranchise voters - a point that seemed to stick with some justices.
Chief Justice Christine Durham joked that it was interesting to see Republicans argue for a liberal interpretation of the law while Democrats wanted a conservative approach.
In the ruling, the court promised to issue an opinion on the matter later "for the guidance of election officials, candidates and other interested parties."
Mayoral race
l Who's on the ballot?
Democrat Peter Corroon, Republican Ellis Ivory, Personal Choice challenger F. Joseph Irish and unaffiliated Merrill Cook.
l What about write-in votes already cast?
Hundreds of voters cast absentee ballots before Ivory was listed with the other candidates. But if they wrote in Ivory, the votes ultimately will count. And if a voter on Election Day writes in Ivory's name and punches it, Ivory still will get the vote.
Utah Supreme Court order putting Ivory on the ballot
The order of the 3rd District Court in this matter is reversed. We hold that the certification of disability provided by Doctor [Philip] Roberts substantially complies with the minimal requirements of the Utah Election Code at Section 20A-1-501(1)(b)(ii). Because the issue was not before us, we express no opinion as to wether or not Mayor [Nancy] Workman is, in fact, disabled.
Given the extraordinary nature of this action, and the extreme time constraints on both the trial court and this court, as well as on the public officials charged with preparation of the ballots for next Tuesday's election, this order is issued without further elaboration. However, an opinion will follow in due course to explain our action for the guidance of election officials, candidates and other interested parties.
Signed by Justice Michael Wilkins