Law may not allow pullout

Published: Wednesday, Sept. 8, 2004 12:00 a.m. MDT
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Now that Salt Lake County Mayor Nancy Workman has been formally charged with felony misuse of public money, the state of her re-election campaign is up in the air — and a normally little-noticed state law is getting a lot of attention.

Despite growing pressure, much of it within her own Republican Party, Workman said Tuesday she has no plans to withdraw her candidacy for mayor in November's general election, though she has been placed on administrative leave and is not allowed to perform her duties.

Even with Workman herself acknowledging her candidacy has been badly damaged, her party remains officially behind her.

"She should be given a clear opportunity to make her case before the public," reads a statement issued by the state and county GOP leaders.

State party chairman Joe Cannon said Tuesday that "while some Republicans may urge (Workman) to get out of the contest, they are not speaking for the party."

Workman points to a state law mandating that, at this point in the campaign, a candidate may not withdraw unless, (1) she hasn't been nominated or certified to the ballot properly; (2) she is running for U.S. president or vice president; (3) she is physically or mentally incapable (requiring a doctor's statement to that effect); or (4) she is dead.

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"I'm not dead, so I can't do that one," Workman said. "I'm not physically or mentally incapable. We're here for the long haul."

Behind the scenes, however, many in the state GOP have been hoping Workman will get a doctor to attest that the stress of being charged has rendered her mentally incapable, allowing them to appoint a candidate in her stead.

Keeping Workman in the race would eliminate the competition posed to Democrat Peter Corroon and independent Merrill Cook by another Republican candidate. Recent polls show Corroon substantially ahead of both Workman and Cook.

"Obviously it would be better for us if she stays in," said County Councilman Jim Bradley, a Democrat.

Cook has said a doctor's statement would be "absolutely fraudulent," and Corroon said Tuesday he would consider legal action in that case to forcibly keep Workman in the race.

This is not without precedent. In 1988, former County Commissioner Dave Watson, a Democrat, withdrew from the race with a physician's note after he was charged with drug possession. County Clerk Sherrie Swensen and Deputy District Attorney Gavin Anderson said they would accept a physician's statement at face value.

Cannon calls the law setting the conditions for withdrawal "ridiculous." House Speaker Marty Stephens, R-Farr West, said the issue could be placed on next Wednesday's special legislative agenda, but Gov. Olene Walker sets special session agendas "and I have not spoken with her, nor with Senate President Al Mansell," about it.

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