Ivory on again: Utah Supreme Court gives nod

The legal roller coaster that has been the Salt Lake County mayoral race finally ended Thursday, with the Utah Supreme Court ruling that Ellis Ivory can go on the ballot as the official Republican candidate.

"I'm very pleased," Ivory said.

Ivory, who began his mayoral campaign as a write-in candidate three weeks ago, was the official GOP candidate for a short time beginning Wednesday morning, when County Clerk Sherrie Swensen certified him.

Third District Judge Stephen Henriod overruled Swensen that afternoon. The Supreme Court overruled Henriod less than 12 hours later.

In a one-page order, Associate Chief Justice Michael Wilkins wrote that a note from Nancy Workman's doctor, Philip Roberts, certifying her as disabled "substantially complies with the minimal requirements" of state law.

The court will release a detailed opinion later, perhaps today.

According to the law, Workman's "disabled" condition is a prerequisite to replacing her on the ballot. State and county Democratic Party leaders had argued that Roberts' note was legally insufficient - Henriod called it "ambiguous" - but the Supreme Court disagreed.

"We're glad that this was addressed by the courts," state Democratic Party Chairman Donald Dunn said. "Now we feel confident that the voters will make the final decision."

Independent candidate Merrill Cook, who has called Roberts' note "fraudulent" and "a sham," briefly considered a further legal challenge, based on whether Workman was really disabled, but ultimately decided against it. The court's order specifically expressed "no opinion as to whether or not Mayor Workman is, in fact, disabled," Wilkins wrote, and most of the legal argument before the court focused on the sufficiency of Roberts' note, not Workman's actual condition.

"I spoke with my attorney, and we have decided not to do anything . . . ," Cook said Thursday night. "It's a complicated thing at this stage because of the timing and because I don't want to be seen as interferring."

Democratic mayoral candidate Peter Corroon — who was against his party going to court from the beginning — said he is "happy to go toe to toe with the new candidate."

The legal process was a speedy one. The suit was filed Wednesday morning, Henriod made his ruling Wednesday afternoon, the Supreme Court heard arguments late Thursday morning and released its decision early that afternoon — an 18-hour sequence from start to finish.

Swensen went to lunch after the hearing, and even before the meal was over, she received word that the Supreme Court had reversed Henriod. She called county workers, who immediately began changing absentee ballot booklets to include Ivory's name.