Posted on 11/10/2010 11:32:51 AM PST by rumrunner
That is my understanding of how the LAW reads....I don't think it says anything about "intent." If push comes to shove I hope he fights for every vote!
In that case, let's just dispense with the rule-of-law and go with our feelings.
If the situation were reversed, would Ms. Merkowski give any quarter?
Some people misspelled her name intentionally because they hate her guts.
Their intent is not to vote for her.
Yup, law are such a nuisance:
Do read this Wall Street Journal report, which shows how in a very close race (which is probably unlikely) the result could turn upon application of the Democracy Canon to construe the relevant statute. For further background, here’s the relevant statutory language for counting write-ins in Alaska (AK 15.15.360):
(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....
(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.
If the voter is too careless or takes the right of voting so lightly that the voter does not put forth the effort to make sure that the vote is properly cast in accordance with the letter of the law, then it is not just silly but IDIOTIC to argue that the voter's intent should trump the rule of law.
The law says an exact match with the name filed as a write in....and I'm for Miller here too.
Spelling and following directions should be requirements for voting.
(a)(11) is the correct one for other than Governor or Lieutenant Governor, but still must match. Last name only is the only exception spelled out.
lol. Good luck if you ever run as a write-in (if your handle is your name) I went from a 4-letter maiden name (a common word) to a Norwegian name I always have to spell out. I think if I ran for write-in I’d use my maiden name. lol
Too bad Obama wasn’t a write-in candidate. We still don’t know what his name even is. lol
The problem is that RINOs want conservatives to support the GOP when it suits them, but if a RINO loses, he or she does not support the conservative. So Murkowski is defying the intent of the GOP base by running as a write-in candidate, and I have no problem using the letter of the law to stop her.
Now how did that happen?(heh heh)
Law says it has to be spelled right? HA! You just know the judges will swat that clean away. “The law notwithstanding, the voter’s intent is clear!”
Laws — once known and respected as “will of the people” are now just so many clay pigeons for black-robed tyrants.
Whoa, I agee with you here.
“State law says a write-in vote should be counted if the write-in line is filled in with the candidate’s name, as written on the candidate’s paperwork, or at least a last name. The law says “there are no exceptions” to such rules.”
Actually, my surname is much worse, and is either misspelled or mispronounced. Weeds out the telemarketers though (”I’m sorry, there is no one here by that name...”).
Thanks. At one point wasn’t somebody with authority saying they wouldn’t accept votes that had Joe Miller written in? This law is clear that the vote can’t be discounted in such a case unless there is other evidence that the name was written in order to identify the ballot. Are they going to follow that law?
Seems to me they have to follow the law.
Yeah, but I think the 'feel good' clause or the 'pity' clause or the 'oh, I know what they meant' clause kicks in, which says, screw the law if you want. So a guy who votes for Lou Merleti really meant to vote for Lisa Murkowski. How close is close enough?? Is Eliza Moncusi close enough? How about Leesa Malinowski? How about Joe Shit?
Officer, you KNOW I MEANT to come to a full stop at that sign, right?
Judges now judge the law, not the merits on the basis of the law. They’re not going to let this law get in the way.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.