"This is obviously a vote for Gore"
Posted on 10/15/2009 7:03:53 AM PDT by pansgold
If the next election is the first time you will vote there is something called a "spoiled ballot" and they will not count your if challanged and it is spoiled.
In Minnesota, incumbant Republican Norm Coleman lost to radio talk show host Al Franken in a very close election. The election was decided by a few hundred votes. Each of the states have their own rules about conducting elections. In Florida the Bush v. Gore election was close and "voter intent" seemed to be the Florida standard with the hanging chad.
Take a look at this ballot. Here the voter's intent to vote for Norm Coleman is crystal clear, however the ballot was tossed out on a challenge by candidate Franken. Why?
Take a look at the ballot. Notice any marks? This is a spoiled ballot. If you put an X where a check mark should be, or mark the circle or oval outside the area, on challenge it will be tossed.
Any mark on your ballot anywhere that will "Distinguish" your ballot from another ballot will be grounds to have it tossed out.
If you mark your ballot incorrectly or mark it by accident, make sure to ask for a new ballot or use a provisonal ballot if you must.
If you vote absentee make sure to sign the envelope before you mail it.
http://www.rhyner.com/pdf/Jackson_LakefieldP1_challengedballot31.pdf
The ballet is obviously clear and legitimate.
Criminal - pure and simple.
Not to mention, ballot validity should hardly be determined solely by the opposition! Using that criteria, no one honest will win.
However if you marked your ballot in crayon for Al Franken and then wrote lizard people on the ballot it will be counted. Also ballots from Mickey Mouse and other cartoon characters registered by ACORN will be counted and undoubtedly were cast for Al Franken.
"This is obviously a vote for Gore"
I disagree. That’s a spoiled ballot. Remember, I didn’t make the rules. If you disagree, “tell it to the judge”.
I agree the voters intent was to vote for Norm Coleman but any error or mark voids the ballot.
The same standard applies to Al Franken.
And the winner is......(drum roll here) AL GORE!!!
Amend the amendment by inserting before section 1 the following:
‘Sec. 1. 21-A MRSA §1, sub-§13, as enacted by PL 1985, c. 161, §6, is amended to read:
13. Distinguishing mark. “Distinguishing mark” means a mark on a ballot of a type or in a place not specifically permitted by this Title, which indicates the apparent intent of the voter to make his the voter’s ballot distinguishable in a manner that is fraudulent or inconsistent with an honest purpose. A stray mark on the ballot or mark made on or in the voting indicator or near the candidate’s name or space for a write-in candidate that differs from the instructions at the top of the ballot is not a distinguishing mark unless it is of such a character or is made in such a manner that it manifests an intent to make the ballot distinguishable for a fraudulent or dishonest purpose. Marking the write-in space on a ballot with the name of a fictitious person, a deceased person or a person from outside the State who could not be a candidate for that office is not a distinguishing mark unless it is made in such a manner that manifests an intent to make the ballot distinguishable for a fraudulent or dishonest purpose.’
Further amend the amendment by inserting after section 1 the following:
‘Sec. 2. 21-A MRSA §696, sub-§2, ¶¶D and E, as amended by PL 1997, c. 436, §101, are further amended to read:
D. If a voter writes in a name and municipality of residence, or pastes a sticker containing the candidate’s name and municipality of residence in the write-in space pursuant to section 691, but does not mark the write-in indicator, that vote for that office may not be counted if a determination of choice under subsection 4 is possible.
E. If a voter writes in a write-in space a fictitious name, the name of a deceased person or the name of a person from outside the State who could not be a candidate for that office, the vote for that office may not be counted. A name written in this manner is not a distinguishing mark.
Sec. 3. 21-A MRSA §696, sub-§3, ¶C is enacted to read:
C. A ballot is not defective if the Secretary of State has given prior approval for its use at the election.
Sec. 4. 21-A MRSA §696, sub-§4, as amended by PL 2001, c. 310, §41, is further amended to read:
4. Determination of choice possible. If a voter marks the voter’s ballot in a manner that differs from the instructions at the top of the ballot but in such a manner that it is possible to determine the voter’s choice, then the vote for the office or question concerned must be counted. A mark made on or in the voting indicator that differs from the instructions at the top of the ballot but that clearly indicates the voter’s choice is not a distinguishing mark.
Sec. 5. 21-A MRSA §696, sub-§5, ¶A, as enacted by PL 2001, c. 310, §42, is amended to read:
A. A ballot on which a voter has clearly manifested an intention to make a distinguishing mark or to mark the ballot in a manner inconsistent with an honest purpose or to act in a fraudulent manner made a distinguishing mark is void.
Sec. 6. 21-A MRSA §696, sub-§6 is enacted to read:
6. Guidelines. The Secretary of State shall publish uniform guidelines for determining voter intent based on relevant
case law and provisions of this Title. These guidelines must be used as a reference by election officials in tabulating the results of state and local elections and in all recounts conducted pursuant to this Title. The guidelines must be included with the instructional materials provided to the clerk, registrar and election officials in each municipality pursuant to section 605 and must be used by the Secretary of State in the training of election officials pursuant to section 505.’
Further amend the amendment by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
SUMMARY
This amendment implements the recommendations of the advisory committee to the Secretary of State, established pursuant to Resolve 2005, chapter 19, in response to the requirement in Section 301 of the federal Help America Vote Act of 2002 that each state establish uniform, nondiscriminatory standards for determining voter intent. It reorganizes the statutory provisions pertaining to distinguishing marks on ballots and incorporates the changes into the definition of “distinguishing mark” in the Maine Revised Statutes, Title 21-A, section 1. The amendment also amends the law pertaining to the counting of votes for write-in candidates. Finally, it requires the Secretary of State to publish guidelines for determining voter intent that incorporate the legal standards articulated in relevant court decisions and in statute. This document is intended to be used as a reference guide by election officials and by parties to election recounts.
How hard is it to fill out a ballot properly, really? What is the matter with voters? If all else fails, can’t they simply ask for a new ballot?
I couldn’t agree more. The standards for all states differ in what determines a spoiled ballot. Here’s the Minnesota law.
https://www.revisor.leg.state.mn.us/statutes/?id=204C.22
2009 Minnesota Statutes
Resources
Topics
Ballots
Defacing
Write-in Voting
204C.22 DETERMINING VOTER’S INTENT.
Subdivision 1.Ballot valid if intent determinable.A ballot shall not be rejected for a technical error that does not make it impossible to determine the voter’s intent. In determining intent the principles contained in this section apply.
Subd. 2.From face of ballot only.Intent shall be ascertained only from the face of the ballot.
Subd. 3.Votes for too many candidates.If a voter places a mark (X) beside the names of more candidates for an office than are to be elected or nominated, the ballot is defective with respect only to that office. No vote shall be counted for any candidate for that office, but the rest of the ballot shall be counted if possible. At a primary, if a voter has not indicated a party preference and places a mark (X) beside the names of candidates of more than one party on the partisan ballot, the ballot is totally defective and no votes on it shall be counted. If a voter has indicated a party preference at a primary, only votes cast for candidates of that party shall be counted.
Subd. 3a.Votes yes and no.If a voter votes both yes and no on a question, no vote may be counted for that question, but the rest of the ballot must be counted if possible.
Subd. 4.Name written in proper place.If a voter has written the name of an individual in the proper place on a general or special election ballot a vote shall be counted for that individual whether or not the voter makes a mark (X) in the square opposite the blank.
Subd. 4a.Write-in vote for candidate team.A write-in vote cast for a candidate for governor without a write-in vote for a candidate for lieutenant governor must be counted as a vote for the candidate team including the lieutenant governor candidate selected by that candidate for governor.
Subd. 5.Name written on primary ballot.If a voter has written the name of an individual on a primary or special primary ballot, a vote shall not be counted for that office.
Subd. 6.Mark out of place.If a mark (X) is made out of its proper place, but so near a name or space as to indicate clearly the voter’s intent, the vote shall be counted.
Subd. 7.All written names or marks counted up to limit.If a number of individuals are to be elected to the same office, the election judges shall count all names written in and all printed names with (X) marks in squares opposite them, not exceeding the whole number to be elected. When fewer names than the number to be elected are marked with an (X) or written in, only the marked or written in names shall be counted. When more names than the number to be elected are marked or written in, the ballot is defective with respect to that office and no vote shall be counted for that office.
Subd. 8.Misspelling; abbreviations.Misspelling or abbreviations of the names of write-in candidates shall be disregarded if the individual for whom the vote was intended can be clearly ascertained from the ballot.
Subd. 9.Votes for only some offices or questions determined.If the voter’s choice for only some of the offices or questions can be determined from a ballot, the ballot shall be counted for those offices or questions only.
Subd. 10.Different marks.If a voter uniformly uses a mark other than (X) which clearly indicates an intent to mark a name or to mark yes or no on a question, and the voter does not use (X) anywhere else on the ballot, a vote shall be counted for each candidate or response to a question marked. If a voter uses two or more distinct marks, such as (X) and some other mark, a vote shall be counted for each candidate or response to a question marked, unless the ballot is marked by distinguishing characteristics that make the entire ballot defective as provided in subdivision 13.
Subd. 11.Attempted erasures.If the names of two candidates have been marked, and an attempt has been made to erase or obliterate one of the marks, a vote shall be counted for the remaining marked candidate. If an attempt has been made to obliterate a write-in name a vote shall be counted for the remaining write-in name or marked candidate.
Subd. 12.Soil; defacement.A ballot shall not be rejected merely because it is slightly soiled or defaced.
Subd. 13.Identifying ballot.If a ballot is marked by distinguishing characteristics in a manner making it evident that the voter intended to identify the ballot, the entire ballot is defective.
Subd. 14.No votes for certain offices.If the number of candidates for an office is equal to the number of individuals to be elected to that office, and the voter has not marked any name, no vote shall be counted for any candidate for that office.
Subd. 15.Blank ballot for one or more offices valid.If no name or response to a question is marked and no name is written in, the ballot is blank with respect to that office or question. A ballot that is blank with respect to one or more offices or questions is not defective.
History: 1981 c 29 art 5 s 22; 1987 c 222 s 2; 1990 c 453 s 7-10; 1991 c 320 s 14
Sub section 13 is the MN standard.
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