Citizens in Utah's 237 cities and towns can go to the polls today, and voters in five of those cities will select from a full slate of candidates after a deadline debacle nearly left some ballots blank.
State judges in Utah, Box Elder and Salt Lake counties reinstated candidates who had failed to comply with a new state filing deadline, while the Utah Supreme Court rejected an appeal from a hopeful in Draper.
Meanwhile, Salt Lake City's mayoral race tops the interest list with both Mayor Rocky Anderson and challenger Frank Pignanelli on TV and radio airwaves statewide the past several weeks in what will likely be a close race.
Ogden Mayor Matthew Godfrey fights off a challenge by Councilman Jesse Garcia. And Holladay, one of the state's newest cities, will get a new part-time mayor after changing its form of municipal government in an August vote. Bob Neslen and Dennis Webb want that top job.
In Utah County, Judge Lynn Davis reinstated all six candidates in Spanish Fork during a conference call with Spanish Fork city attorney George Chingas and Spanish Fork city recorder Kent R. Clark. Davis approved a stipulation that followed a pattern used by Lehi and Eagle Mountain, where candidates were reinstated on Friday.
The stipulations rule that the candidates are in substantial compliance with a new state law that requires filing of an interim campaign-finance disclosure statement seven days before the general election.
In Spanish Fork, five of the six candidates missed the deadline but submitted their filings within a day and a half of the due date.
On Monday, Clark said the city is pleased with the court's decision but he believes the penalties imposed on fourth-class cities (those with populations between 10,000 and 30,000) are unnecessary.
"In light of statewide problems encountered this year concerning this issue," Clark said, "Spanish Fork city urges the Utah State Legislature to revisit (the law) by exempting third-, fourth-, and fifth-class cities and towns from the disqualification penalties."
Sherman Huff has run three campaigns for public office and this is the first time he found himself delinquent for filing a disclosure.
"It isn't nonsense, but it's very punitive," Huff said. "I only had one contribution of $50, so to have all your own money and hard work thrown out for being eight hours late, that's ridiculous."
Peter Larkin, one of two Draper City Council candidates removed from the ballot for failing to meet financial disclosure deadlines, was reinstated Monday by 3rd District Judge Robin Reese. Summer Pugh, the other disqualified candidate, remained off the ballot after the Utah Supreme Court refused to issue an order that would have allowed her to remain on the ballot.
Larkin has contended that he mailed his disclosure form Oct. 25. Reese accepted sworn affidavits from Larkin and his wife as sufficient proof to allow him to stay on the ballot.
"I would like to believe that my word is proof," Larkin said. "I'm glad he (Reese) accepted the documents.
Pugh's appeal was denied by 3rd District Court Judge J. Dennis Frederick, and her appeal to the Utah Supreme Court for an emergency writ, which would have allowed her to remain on the ballot, was denied for lack of time.
"It's a travesty for the voters of Draper to not have all of the candidates on the ballot," Pugh said. "The voters put us on there, and the voters should have a chance to vote for her."
Four City Council candidates in Brigham City also were returned to the ballot Monday following a similar ruling by 1st District Court Judge Ben Hadfield.
In Brigham City, four of five candidates two days late with their filings had been disqualified. Some of the candidates had forgotten to file the document while others thought it was due seven days after the election, said city Recorder Mary Kate Christensen.
Besides picking a new mayor and filling three council seats, Salt Lakers will also vote on six propositions that would raise their property taxes to build projects ranging from a new sports complex on the city's west side to helping Hogle Zoo and the Tracy Aviary. Other propositions include bonding for The Leonardo, open space and two new library branches.
Deseret Morning News/KSL-TV pollster Dan Jones & Associates found in a new poll published Sunday that Anderson holds a slim lead over Pignanelli among registered voters — 47-to-45 percent. But when the poll's margin of error is considered, the race is even. Jones, who has polled in Utah for 30 years, said the candidates' voter turnout efforts will likely make the difference, especially considering the poor weather forecast for Tuesday.
And that turn-out-the-vote effort took a partisan and nearly violent turn Monday.
Police were called to a fight brewing between dueling Pignanelli and Anderson campaign staffers, near Concord Street (1250 West) and California Avenue (1300 South) on the city's west side, said Lt. Dana Orgill.
When police arrived they found that the competing campaigns had had an argument over the placement of signs. No one was injured or cited, Orgill said.
Meanwhile, state Republican Party Chairman Joe Cannon confirmed Monday that state GOP voter lists were used to send out around 9,000 letters to city residents endorsing Pignanelli, who Republicans consider more moderate in his politics. Both Anderson and Pignanelli are Democrats in the officially nonpartisan race.
State GOP leaders were careful not to turn over the names and addresses to Democrat Pignanelli. The mail house was given the names, and Pignanelli paid for the mailings, said Cannon.
Cannon personally endorsed Pignanelli some weeks ago, but this is the first time anyone can remember that the state Republican Party worked hand-in-hand with a Democrat to turn out the GOP vote for that Democrat.
Said Cannon: "When you consider that there are maybe 2.5 people per household we've identified as Republican who saw the letters, that's 24,000 people. Not bad."
With both Anderson and Pignanelli being Democrats, local and state Democratic organizations are staying out of that contest, said state party chairman Donald Dunn. The state Democratic Party is helping turn out the vote in Ogden, where Democrat Garcia is challenging GOP Mayor Godfrey, said Dunn. Meanwhile, Molonai Hola, the Republican defeated in the Oct. 7 primary, says he won't endorse either Anderson nor Pignanelli because of their Democratic leanings but will conduct his own turn-out-the-vote telephoning campaign Tuesday. "I'm staying out of (endorsing) anyone," Hola said. He says he's not asking them to vote for either Anderson or Pignanelli, just to vote. Hola came to Utah as a young boy from his native Tonga. He said in his primary campaign he registered more than 2,000 South Islanders and hopes they will vote Tuesday.
Over the weekend, Monday and Tuesday, Anderson and Pignanelli supporters were making last-minute get-out-the-vote calling efforts.
Nordstrom said the Pignanelli campaign was calling at least 40,000 registered voters between Saturday and Monday, some live, some with recorded messages. The lists are generated from city registered voter lists, she said.
In recorded calls before the primary, Pignanelli had some well-known politicians who endorsed him on the messages. This time it's Pignanelli himself asking the receiver to vote for him and go to his web site to view his stands on the issues.
A new Pignanelli radio ad also started running Monday.
Sheryl Ivey, Anderson's campaign coordinator, said Anderson's workers are calling 12,000 people. "All of our calls are live people calling into homes, no recorded messages."
Both campaigns are offering free rides to the polls for supporters. Ivey said, "the big mess" with the Yellow Cab company has been resolved. Anderson believed that free taxi cab rides to the polls for the Oct. 7 primary were individual contributions by the cab drivers, who rent their vehicles from Yellow Cab. But Ivey said any free taxi rides Tuesday will be considered a contribution by Yellow Cab, and be so reported on the mayor's final financial statements.
Nordstrom said Yellow Cab also called her following the Oct. 7 primary and said the free ride service was available for the Pignanelli campaign as well.
Both Salt Lake mayoral candidates were also being flooded with last-minute campaign donations.
Anderson, who has already spent more on his re-election bid than any mayoral candidate in history, held a $1,000 per couple dinner hosted by Robert Redford at Sundance resort Saturday.
That was in addition to other large donations (over $2,000) Anderson has gained since his final campaign finance disclosure report was filed Oct. 24, including $2,500 from Unity Utah, the gay Political Action Committee, $5,000 from Gary Deseelhorst who owns Solitude Resort and $3,000 from Ampco Parking ($3,000).
Pignanelli has been getting large donations as well, including $5,000 from Bello Terra, $5,000 from Sterling Gardner of Stampin' Up fame and $2,500 from former state Rep. Kevin Garn.
Contributing: Josh Loftin and Alan Edwards
E-MAIL: bbjr@desnews.com;