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Utah Supreme Court Hears Ballot Issue in Mayor's Race

Utah Supreme Court Hears Ballot Issue in Mayor's Race

Posted - Oct. 28, 2004 at 12:39 p.m.



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Amanda Butterfield reporting The Utah Supreme Court is deciding if mayoral candidate Ellis Ivory's name will be put on the ballot.

The case comes to court after Democrats sued when Ivory's name was put on the ballot after incumbent Nancy Workman dropped out using a "questionable" doctors note.

The Democrats argue the note Nancy Workman submitted from her physician is not credible, and that Ivory's name should not be put on the ballot.

But the Republicans counter, saying the note is legitimate according to the state law.

Jim Jardine, Attorney for Republican Party: “I think it's very clear what the statute requires. In a difficult area, the statute delegates to a licensed physician who, theoretically, puts his or her license on the line in writing such a letter. “

Scott Daniels Attorney for Democratic Party: "We don't know why, but we do know that all he signed was this ambiguous letter. And the consequence of that is you can’t substitute him on the ballot."

The Republican Party voted earlier to put Ivory's name on the ballot as the official candidate, but his name was only on it for hours before Democrats took the case to court.

The Judge ruled Workman’s doctors note was ambiguous. It states: “The strain of Workman’s legal troubles upon her 'physical and emotional condition, disabled her from continuing as a political candidate."

But the judge ruled it did not meet state election requirements to replace her name on the ballot, so Ivory's name was quickly removed from any ballots.

The Supreme Court heard both sides of the argument, and is now making a decision.

The attorney's asked that a decision on the case be made by tomorrow night.

We will have more on this tonight on Eyewitness News at 5.

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