Salt Lake Tribune
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SLC lawyer hopes to keep Bush off ballot
This is an archived article that was published on sltrib.com in 2004, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

President Bush and Vice President Dick Cheney are expected to easily win Utah's nod for another four years over Democrats John Kerry and John Edwards.

But that outcome assumes the Republicans' names will be on the ballot.

If Salt Lake City attorney Lawrence Barusch gets his way, the Republican ticket will be absent when Utahns go to the polls Nov. 2.

Barusch filed a complaint late Wednesday with the State Elections Office contending that Republicans failed to meet the strict requirements of state law in certifying Bush and Cheney for the ballot.

"You don't just get out of the rules because you're a Republican," said Barusch, a stalwart Democrat.

State Elections Director Amy Naccarato wasted no time in tossing Barusch's complaint Thursday.

"We make sure procedures were followed," Naccarato said. "We're pretty much sticklers about process and authority, and as far as we're concerned, this is fine and we put him [Bush] on the ballot."

But the dispute isn't dead yet.

Barusch, an attorney in the firm of Parsons Behle & Latimer, suggests he may file a lawsuit as early as Monday to protest Naccarato's decision and halt the printing of hundreds of thousands of ballots throughout the state.

"We've certainly given it some thought . . . and we're seriously considering going to court," he said.

Barusch declined to identify his clients, saying that will become clear if the case goes forward.

Barusch contends Republicans certified their candidates late, pointing to a date stamp of Sept. 4, one day after the deadline.

He also alleges that the official letter from state GOP Chairman Joe Cannon failed to certify Cheney as the vice presidential nominee, as required.

Naccarato said the office's date stamp was set incorrectly and the Cannon letter was received by the Sept. 3 deadline. She also dismissed the Cheney complaint, saying certification from the national party combined with the state Republican organization's letter fulfilled the legal requirements.

Barusch contends that while the problems he raised may seem insignificant, Utah case law makes it clear that there is no room for error in certifying candidates.

He cited a 1982 court case in which congressional hopeful Henry Huish was excluded from the Democratic ballot slot because he filed his state candidacy papers a day late. Huish was allowed to appear on the ballot as an independent.

"I'm think there's a little similarity here," said Barusch.

"Will Republicans like this? I think not. Will the Republicans think that the chairman of the Republican Party was a little sloppy, that's not for me to say."

Cannon could not be reached for comment.

Nader fights for access

l Independent candidate Ralph Nader's efforts to mount a credible national campaign hit another snag Thursday as he was engaged in a fierce legal battle to get back on the Florida ballot a day after a state judge there threw his name off.

Nader is safely on the ballot so far in 23 states, but Democrats have succeeded in keeping him off the ballot in four key battleground states - Florida, Pennsylvania, Missouri and Arizona. The consumer activist has legal challenges around the country and still hopes to get on ballots in 40 states.

But nowhere is the symbolism more important than Florida.

Nader, the Green Party nominee in the 2000 presidential race, was branded ''the spoiler'' by angry Democrats for siphoning votes from Democratic nominee Al Gore in Florida, which George W. Bush won by 537 votes.

- Knight Ridder Newspapers

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