Libertarian reinstated on ballot for auditor

A judge reinstated on the ballot a Libertarian candidate for state auditor who filled out an Internet application but failed to press the "send" button.

Third District Judge Robert Hilder ruled Friday that Mike Stoddard "substantially" complied with financial disclosure laws when he logged onto the state Elections Office Web site but failed to transmit a campaign spending update.

Hilder ordered Lt. Gov. Gayle McKeachnie, who had disqualified Stoddard, to certify him for the 2004 ballot. His name already appears on preprinted ballots.

It was the second time in two days that Utah courts decided a ballot controversy. On Thursday, the Utah Supreme Court reversed a lower-court judge and reinstated candidate Ellis Ivory on the ballot as a Republican candidate for mayor of Salt Lake County. Republican Mayor Nancy Workman withdrew after being charged with misusing public funds.

Hilder's ruling didn't make it any more likely that Stoddard, a certified public accountant from Sandy, would prevail at the polls. Republican incumbent Auston Johnson is favored for re-election by a wide margin.

But the victory was important for the Libertarian party, which needs 2 percent of the vote in statewide elections to maintain automatic ballot access.

"Stoddard is what we refer to in the Libertarian party as a paper candidate," said Stoddard's attorney, Andrew McCullough, who is running as a Libertarian candidate for Utah attorney general. "In non-controversial races like auditor, people tend to vote more for the third-party candidate."

Computer records show Stoddard logged onto the filing system in time to meet the Sept. 15 disclosure deadline. He intended to update a previous filing, which the state never received.

State Elections officers tried reaching Stoddard to clear up the confusion, but he had moved with no forwarding address or phone number.

Hilder ruled "a filing was attempted."