1988 election applies today

Published: Friday, Oct. 22, 2004 12:10 a.m. MDT
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Leaders of the Utah Democratic Party may have forgotten 1988. That was the year one of their own, Salt Lake County Commissioner Dave Watson, was charged with DUI and possession of a controlled substance and ended up dropping out of his race for re-election.

He did so the only way Utah law allows. Absent a sudden physical disability or a decision to run for president, a candidate who has been nominated by his party has to declare himself mentally disabled in order for the party to replace him on the ballot. But no one likes to put it in exactly those terms. Watson, instead, got a doctor's note saying the stress of the race and the charges against him could lead to a mental disorder.

Republicans mulled over that one awhile. Meanwhile, Deputy County Attorney Gavin Anderson issued an opinion saying the note satisfied the conditions of the law, even though it never used the exact words, "mentally disabled." Finally, the party gave up its objections and allowed the Democrats to replace Watson on the ballot.

Today, it is the Republican Party in a crisis. Salt Lake Mayor Nancy Workman has been charged with misusing public funds and has dropped out after getting a doctor's note that said, "The strain upon her physical and emotional condition disable her from continuing as a political candidate without unreasonably compromising her health." As in 1988, that note has satisfied county attorneys.

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But now, the Democrats are threatening to sue if the GOP replaces Workman on the ballot with Ellis Ivory. Democratic officials want the doctor to sign a statement instead that says, "I certify that Nancy Workman is physically or mentally disabled."

They, of course, did not have to do such a thing 16 years ago. But then, their replacement on the ballot that year was not considered a threat to win. Ivory certainly is. Regardless, however, the same rules should apply to all major parties.

Throughout this ordeal, Democratic candidate Peter Corroon has been professional and dignified. He has declined to challenge Workman's withdrawal in court, and this week he urged his party to leave it alone. That's advice that reflects well on him.

The real problem here is the law itself. It does not allow any reasonable options for a party whose candidate ends up charged with a crime before Election Day. It leads to vague, sweeping and suspicious notes from doctors.

But that excuse does nothing for the voters of Salt Lake County, who deserve a full range of viable choices.

Politics is, of course, not a friendly game of back-yard croquet. It is a blood sport. A party can hardly be blamed for trying to muddle an issue like this with less than two weeks to go before Election Day.

But if history is a guide, Utah's Democrats should do as their opponents did in 1988, then work with Republicans in January to change a bad law.

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