Backed by a legal opinion, Clerk Sherrie Swensen said Monday that the County Republican Party must have a vote of its central committee to give Ivory its ballot spot for Salt Lake County mayor - now empty after the withdrawal of incumbent Nancy Workman.

But Swensen said that once the committee votes, Ivory will appear on the ballot.

It is another twist to the bizarre county mayor's race that could leave voters perplexed on Election Day.

"The voters should be able to have a valid choice," county GOP Chairwoman Tiani Coleman said Monday night. "The Democrat should not win by default."

Ivory, the former honorary finance chairman of Workman's campaign, launched a write-in effort on Oct. 5, conceding that Workman could not win. That same day, GOP leaders dropped their support of Workman and backed Ivory as a write-in challenger.

The mayor, who faces two felony charges of misuse of public money, bowed out from the race last week, citing medical reasons in a letter from her doctor. State law allows a party to replace a candidate if he or she is medically certified as physically or mentally disabled.

Coleman says that the Central Committee already said it would back Ivory, and therefore, there is no need for another vote. Swensen said that didn't meet the legal requirement.

Utah Democratic Chairman Donald Dunn says the medical excuse is questionable and that suing to halt the replacement of Workman on the ballot is an "option."

"This is about the rule of law, the spirit of the law, the letter of the law," Dunn said. "Everybody looking at this can see it just doesn't pass the test."

Unaffiliated candidate Merrill Cook, a former GOP congressman, went further, calling the Republican Party's move the "biggest election fraud in Utah election history." He also may sue "as a last resort."

"Their concerns are that it's not so easy to commit a fraud on the public as they'd like it to be," Cook said. "It probably is a crime, but I'm not a lawyer."

Monday's developments add to an already mixed-up and puzzling election for county mayor. As it stands now, only 14 days from the Nov. 2 election, Ivory is running a write-in campaign but may later run as a candidate listed on the ballot.

Swensen, who had conferred with deputy district attorneys and an assistant attorney general, said Monday that write-in votes cast now by absentee ballot would ultimately count for Ivory if he is later on the ballot. But if Ivory gets a ballot spot, write-in votes cast then would not count.

As for straight-Republican Party votes, Swensen said those would not count for Ivory until he is the official GOP nominee. The District Attorney's Office, though, did rule that Workman's doctor's note satisfies the legal requirement to replace her on the ballot.

Ivory spokesman Jim Bennett said their campaign would continue, "and the only question that's up in the air is how people will vote for him."

Bennett added that Ivory still is running a write-in campaign. "If that changes in the future, we'll adjust."

Democratic nominee, Peter Corroon, pledges that he will not join any lawsuit against changing the ballot. His spokesman, Russell Kennedy, called the whole situation "distracting."

"But it doesn't derail us from what we've been trying to do all along, which is stay above this, get out there and get his message out," Kennedy said.

Coleman, the GOP chairwoman, charged that Swensen's ruling "could drag on the process for quite some time."

"It could go on long enough that Sherrie Swensen could say it's too late to change the ballots," Coleman said, adding that there are more ramifications in the ruling than "appear on its face."

Her concern: timing.

If the party votes on Oct. 26 to replace its candidate, that would leave only seven days for any potential legal challenges. It's unclear how late in the process election workers could change the ballots, though Elections Director Julio Garcia says there is a plan in place to change the ballots if the GOP Central Committee certifies Ivory on Oct. 26.

tburr@sltrib.com

Corroon on TV

Democratic candidate for Salt Lake County mayor, Peter Corroon, will appear on your TV soon.

Corroon has launched about $60,000 in television advertisements, promising "smart solutions and no excuses."

"We've all had enough of tabloid politics," Corroon said in the commercial that features him and his family. "As county mayor, I'll work hard to restore your faith in county government, spend your tax dollars wisely, and develop communities, not just big developments."

Corroon also says that "we need a fresh start" and that "we've all had enough of tabloid politics."

The 30-second spot started on cable stations Monday and will air on area broadcast stations beginning Oct. 25. He also will air radio commercials touting a similar message and introducing himself to voters.

- Thomas BurrKey developments:

l Clerk Sherrie Swensen rejects initial attempt to put write-in candidate Ellis Ivory on the ballot

l Swensen rules, however, that Ivory will be on the ballot if the county GOP's central committee votes to certify him on Oct. 26

l Absentee votes cast for Ivory as a write-in candidate now will ultimately count if he later is on the ballot

l If Ivory is on the ballot, write-in votes cast after he appears on the ballot will not count

l The District Attorney's Office says Nancy Workman's doctor's note satisfies the legal requirement

l Utah Democratic Chairman Donald Dunn says suing is an "option"