Swensen is clearly worried about getting everything ready before Nov. 2, particularly given the threat of legal action from the Democrats (her own party) or independent candidate Merrill Cook.

"I would hope that if a candidate, party or person desires to seek judicial intervention, (they would do it) as soon as possible so that all issues will be resolved prior to counting votes on November 2, 2004," she wrote. "Waiting to bring such an action until the eve of the election may prove disastrous."

Hendrickson and Burton-Lee made several other related legal conclusions in their letter to Swensen. For one, they concluded that a note from Workman's doctor saying that "the strain upon her physical and emotional condition disable her from continuing as a political candidate without unreasonably (compromising) her health" was legally sufficient to allow the Republicans to replace her.

A candidate must be physically or mentally disabled for such a replacement to occur, according to state law.

Several Democrats have said the note was a sham and that Workman is not truly disabled.

Hendrickson and Burton-Lee also said should Ivory's name ultimately appear on the ballot as the GOP candidate, any write-in votes that have been placed for him previously, through absentee ballots, will count for him. However — and this is the danger facing Ivory should he not be put on the ballot until the 11th hour — any write-in votes on a ballot in which he appears as the GOP candidate will not be counted.

That may force Ivory to change his strategy of being "The Write Candidate," as he has labeled himself, at the last minute. That would force him to advertise the fact that voters should not write his name in but instead punch the hole next to his name.

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E-mail: aedwards@desnews.com