Joe Miller sues to force exact spelling rule for write-in votes.

[MRoCkEd]

http://www.adn.com/2010/11/09/154571...-spelling.html

Election law calls for write-in ballots to have the oval filled in and either the candidate's last name or name as it appears on a declaration of candidacy written in. But election officials, pointing to prior case law, have said they plan to use discretion, in consultation with a state attorney, when it comes to misspellings or variations of Murkowski's name.

Miller's lawsuit calls this an "eleventh hour decision" and argues the state should be held to the letter of the law.

The law says the name must be written as it appears on the write-in declaration of candidacy submitted by Lisa Murkowski.

Sec. 15.15.360. Rules for counting ballots.

(a) The election board shall count ballots according to the following rules... (11) A vote for a write-in candidate, other than a write-in vote for governor and lieutenant governor, shall be counted if the oval is filled in for that candidate and if the name, as it appears on the write-in declaration of candidacy, of the candidate or the last name of the candidate is written in the space provided.

(b) The rules set out in this section are mandatory and there are no exceptions to them. A ballot may not be counted unless marked in compliance with these rules.

But the court has insisted on a more liberal interpretation based on "voter intent."

[nate895]

I hope he wins. I doubt he will, however. I don't think Alaska's senator next term will be seated for a while in any event as the election is fought to ever higher courts.

[libertythor]

I hope they even throw out cursive write-ins. Ballots are printed in block letters, and write-ins should be done in the same way.

[nate895]

I hope they even throw out cursive write-ins.

Now that one I think is ridiculous. The reason why we have write-ins to begin with is the fact that you used to just get a sheet of paper with a box for each office on it. Those would have been filled out in cursive. If we are going to have write-ins at all (and I believe we should), then we should also accept cursive handwriting of their names, if merely to preserve an old republican tradition.

[libertythor]

Now that one I think is ridiculous. The reason why we have write-ins to begin with is the fact that you used to just get a sheet of paper with a box for each office on it. Those would have been filled out in cursive. If we are going to have write-ins at all (and I believe we should), then we should also accept cursive handwriting of their names, if merely to preserve an old republican tradition.

I can see your point, but cursive opens up a larger can of worms in regards to penmanship. People often omit or meld letters when writing in cursive, and some rule requiring each letter to be clear would be needed.

[james1906]

Is the first name required, as not to be confused with Lisa's father Frank?

[libertythor]

Is the first name required, as not to be confused with Lisa's father Frank?

It should be written out as it appears on the write-in list IMO. Yes. And a "Lisa M." needs to be invalidated because there is a different write-in candidate that has Lisa and "M" as her middle initial. Doing a proper write-in isn't exactly rocket science! The voter either needs to carry a news clipping in his or her pocket or copy it right off of the write-in list.

Any misspellings deviate from the write-in choice.

[nate895]

Is the first name required, as not to be confused with Lisa's father Frank?

Last names can be accepted if no other person with that last name is running for the office.

[wormyguy]

Is the first name required, as not to be confused with Lisa's father Frank?

I think they said that "Murkowski" would be unacceptable, but "Lisa M" would be. Or maybe it was the other way around. I don't remember.

[libertythor]

Last names can be accepted if no other person with that last name is running for the office.

It looks like now that will be up to the courts. The fact that up to 10% of the voters could have FUBARed their write-in vote speaks poorly of the educational level of many voters.

[nate895]

I think they said that "Murkowski" would be unacceptable, but "Lisa M" would be. Or maybe it was the other way around. I don't remember.

Lisa M is another write-in candidate, so I think you have them confused.

[wormyguy]

Lisa M is another write-in candidate, so I think you have them confused.

This was from before Lisa M declared her candidacy.

[nate895]

It looks like now that will be up to the courts. The fact that up to 10% of the voters could have FUBARed their write-in vote speaks poorly of the educational level of many voters.

I know. How hard can it be to spell a name, especially one that has represented you in one form or another for over 3 decades. A good chunk of Alaskan voters were born after Murkowski's dad became a senator.

[libertythor]

I once saw some interesting study about voter IQ and the propensity to have under or over votes. There is a qualification for voting that deals with mental competence, and hopefully it gets applied in this case.

[MRoCkEd]

Let's all hope the voters were very stupid and completely botched the spelling of Lisa's name.

[wormyguy]

Let's all hope the voters were very stupid and completely botched the spelling of Lisa's name.

The odd election where the best result might be reached either by the voters being smart or the voters being stupid . . .

[libertythor]

It isn't like Lisa Murkowski didn't give them a clear indication!





I would have to say that the "Kow" part is kind of accurate!

[Stary Hickory]

The law ought to be followed, how many times will she be allowed to skirt the laws?

[libertythor]

As of right now at least 12.6% of Princess Lisa's votes need to be invalidated for Joe Miller to have a shot at winning! Let's hope that this narrows to 10% after the rest of the absentee ballots are counted.

[specsaregood]

The fact that up to 10% of the voters could have FUBARed their write-in vote speaks poorly of the educational level of many voters.

Is it sad that only 10% sounds really good to me in regards to the educational level of the voters? I'd have figgered it would be much higher.

[Knightskye]

Would Miller's name plaque have an asterisk on it?

[Imperial]

And a "Lisa M." needs to be invalidated because there is a different write-in candidate that has Lisa and "M" as her middle initial.

Gee, I wonder who recruited Lisa M to run?

I get pretty sick of the write-in and recount process sometimes because how you vote doesn't really matter; instead, it becomes who can pull off the best tricks and hire the most expensive legal team.

[low preference guy]

Gee, I wonder who recruited Lisa M to run?

I get pretty sick of the write-in and recount process sometimes because how you vote doesn't really matter; instead, it becomes who can pull off the best tricks and hire the most expensive legal team.

I disagree. If you write Lisa Murkowski and fill the oval properly, your vote won't be invalidated.

[libertythor]

Gee, I wonder who recruited Lisa M to run?

I get pretty sick of the write-in and recount process sometimes because how you vote doesn't really matter; instead, it becomes who can pull off the best tricks and hire the most expensive legal team.

That is why it is important to follow the instructions and copy the name as is.

[Esor]

I hope they even throw out cursive write-ins. Ballots are printed in block letters, and write-ins should be done in the same way.

Yeah, and no blue ink!!!!!

As much as I want Miller to win, I really hope he doesn't win because some idiot missed a letter in Lisa Murkowski. We are better than that. Take a loss and hold your head up high.

[libertythor]

Yeah, and no blue ink!!!!!

As much as I want Miller to win, I really hope he doesn't win because some idiot missed a letter in Lisa Murkowski. We are better than that. Take a loss and hold your head up high.

I am just going by precedent. Past write-in counts in Alaska have been conducted in that manner, and the same thing happened to the lead of a 2004 write-in candidate for Mayor in San Diego.

What I do agree with is that Miller shouldn't carry it any farther than the actions he has already filed. Anything more will make him look like a sore loser.

[BamaAla]

Yeah, and no blue ink!!!!!

As much as I want Miller to win, I really hope he doesn't win because some idiot missed a letter in Lisa Murkowski. We are better than that. Take a loss and hold your head up high.

+rep

How is dismissing the people's wishes a good thing? If the voters of Alaska wanted Lisa Murkowski, they should have her.

[fj45lvr]

It looks like now that will be up to the courts. The fact that up to 10% of the voters could have FUBARed their write-in vote speaks poorly of the educational level of many voters.

that's not a surpise....Floridians have a hard time with butterfly ballots LOL

[RM918]

+rep

How is dismissing the people's wishes a good thing? If the voters of Alaska wanted Lisa Murkowski, they should have her.

Tyranny of the majority, the problem with democracy. I guess the opinions of the 30-something percent of Alaskans don't matter because a few ten thousand more voted for the establishment. Though I suppose you could argue that Miller winning by a hair would mean it invalidates the opinions of another 30-something percent of Alaskans, but the point is I don't buy into 'They got more votes, it is the Right thing to support them'. The difference is that Miller would be less likely to infringe on the rights of those that voted against him, unlike Murkowski who will continue the looting and abuse while acting like she was just made queen.

[Krugerrand]

I hope he wins. I doubt he will, however. I don't think Alaska's senator next term will be seated for a while in any event as the election is fought to ever higher courts.

You've got to win it at the State Supreme Court. I doubt the SCOTUS would want to touch it.