His files are boxed up. The locks on his office door have been changed. And one of his employees was named his replacement.

But deposed Emery County Clerk Bruce Funk, who was elected to the office, is fighting on.

In a meeting Tuesday, Emery County Commissioners promoted Chief Deputy Clerk Brenda Dugmore temporarily, pending a resolution of Funk's legal challenge. The day before, the locks were changed.

"This is done and over with," Commissioner Drew Sitterud said Wednesday.

Not according to Funk.

"This is just something now that has to go to the attorneys. The next logical place is in the courts," Funk said.

Funk outraged Emery County commissioners and the Lieutenant Governor's office last month when he allowed voting rights activists to test new touch-screen voting machines, potentially voiding their warranties. The manufacturer, Diebold Elections Systems, said restoring their integrity could cost $40,000. Funk maintains his county's 40 machines were defective and had suspicious vote tallies saved in their memories.

In the controversy that ensued, Funk orally resigned at a commission meeting last week and the three commissioners approved a severance package. The next morning, Funk withdrew his statement and said he was determined to stay on.

The commissioners and Emery County Republican Party officials insist his spoken resignation stands. The County Executive Committee identified three clerk's office employees as potential replacements - including Dugmore - and forwarded them to the Commission two days later on March 29.

"They're the ones that work in that office and they're the ones that have the expertise," said Emery County GOP Chairman Bill Dellos.

County Attorney David Blackwell said the commission has the option of appointing Dugmore as Funk's permanent replacement to fulfill the rest of his term or picking from the other two clerks recommended by the party.

Funk's term expires at the end of this year. He has not filed to run for re-election. But Dugmore has declared her candidacy in the race.

For now, Funk is staying home, waiting to hear from his attorney. "I don't want to go in and create a stir," he said. "Knowing my staff, things will carry on well there."

Meantime, Dellos said party loyalists are watching the battle play out. "We're just bouncing back and forth, wondering what's going to happen," he said.