Alaska Statutes - Section 15.15.360.: Rules for counting ballots.
(a) The election board shall count ballots according to the following rules:
(1) A voter may mark a ballot only by filling in, making “X” marks, diagonal, horizontal, or vertical marks, solid marks, stars, circles, asterisks, checks, or plus signs that are clearly spaced in the oval opposite the name of the candidate, proposition, or question that the voter desires to designate.
(2) A failure to properly mark a ballot as to one or more candidates does not itself invalidate the entire ballot.
(3) If a voter marks fewer names than there are persons to be elected to the office, a vote shall be counted for each candidate properly marked.
(4) If a voter marks more names than there are persons to be elected to the office, the votes for candidates for that office may not be counted.
(5) The mark specified in (1) of this subsection shall be counted only if it is substantially inside the oval provided, or touching the oval so as to indicate clearly that the voter intended the particular oval to be designated.
(6) Improper marks on the ballot may not be counted and do not invalidate marks for candidates properly made.
(7) An erasure or correction invalidates only that section of the ballot in which it appears.
(8) A vote marked for the candidate for President or Vice-President of the United States is considered and counted as a vote for the election of the presidential electors.
(9) Write-in votes are not invalidated by writing in the name of a candidate whose name is printed on the ballot unless the election board determines, on the basis of other evidence, that the ballot was so marked for the purpose of identifying the ballot.
(10) In order to vote for a write-in candidate, the voter must write in the candidate’s name in the space provided and fill in the oval opposite the candidate’s name in accordance with (1) of this subsection.
(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.
(12) If the write-in vote is for governor and lieutenant governor, the vote shall be counted if the oval is filled in and the names, as they appear on the write-in declaration of candidacy, of the candidates for governor and lieutenant governor or the last names of the candidates for governor and lieutenant governor, or the name, as it appears on the write-in declaration of candidacy, of the candidate for governor or the last name of the candidate for governor 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.
Subsection 11....Does it really mention spelling?
“as it appears”. Not “spelled similarly”. Not “voter intent”. It says “as it appears”.
Since you’re fond of repitition,
AS IT APPEARS
Yes, it does mention spelling.
12 does
As a matter of fact, yes. It could hardly be "as it appears on the write-in declaration of candidacy", if it were spelled differently.
I believe the following does address spelling. The statute states the following ...”the names, as they appear on the write-in declaration of candidacy.”
If the write-in declaration says Murcowski then Murkowski would not count according to the statute and I believe that is what part of this is about.
Are you being a dope on purpose?
“as they appear on the write-in declaration of candidacy”
She won big with the Moocher vote. Alostka will soon run out of OPM.
I think the problem with voter intent is the voter is no longer the person deciding how there vote will be cast. If I as a voter fill out my ballot according to whatever law covers my election, I have decided who gets my vote. On the other had, if I don’t fill it out correctly and the standard is “voter intent” someone other than me is deciding who gets my vote. I then have to ask, who are the ones disenfranchising voters. Those that want the vote to be clear and unambiguous, or those that want to decide for the voter.
Does it really mention spelling?
That depends on the meaning of the phrase “as it appears on the write-in declaration of candidacy.”
IMHO, the “appearance” of the name is the issue. DOes it appear to be Myrcowscee?
The legislation should have stated that spelling is mandatory in plane terms. That way, the interpretation of the law is less open to question.
Does anyone know what the legislative debate history says on this statute?
(11) A vote for a write-in candidate, ...
shall be counted ...
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.