From Deseret News archives:
Utah Supreme Court reinstates Ellis Ivory to the ballot
The court said a note produced by former Republican candidate Nancy Workman substantially complies with Utah election law. The note from Workman's doctor said the strain of fighting criminal charges against her and campaigning for re-election were causing a strain that disable her from continuing as a political candidate.
The Supreme Court order was issued about two hours after the five justices heard the case, and was issued without elaboration, the judges said, because Election Day is so close. The order said a written opinion would follow.
That note cleared the way for Ivory, a popular Salt Lake valley businessman, to elevate himself from write-in to ballot candidate.
The Utah Democratic Party sued, claiming language in the doctor's note was ambiguous and didn't meet the language of state law, which said a candidate could only be replaced on the ballot by his or her party if they become "mentally or physically disabled."
The Democratic Party won't appeal the high court's ruling, party chairman Donald Dunn said.
"Now it's up to the voters, and I think the voters will see through all this," Dunn said.
The Salt Lake County Republican Party on Wednesday certified Ivory as its candidate with the Salt Lake County Clerk's office. Less than an hour later, the Utah Democratic Party filed a lawsuit, challenging the method used to advance Ivory's name to the ballot.
Workman had planned to run for re-election, even after being charged with two felony counts of misusing about $17,000 in health department funds to hire a bookkeeper at a nonprofit organization where her daughter was a top financial officer.
That scandal sparked a series of legal and political volleys that left the ballot in question less than a week before voters went to the polls:
Salt Lake County Republicans withdrew their endorsement of Workman at its Oct. 5 meeting and instead backed Ivory, a wealthy land developer who entered the race as a write-in after becoming convinced that Workman's legal problems prevented her from winning.
On Oct. 12, Workman quit the race, producing a doctor's note saying the strain of an election and running for office was too great and would disable her from continuing as a political candidate.
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