[ilgipper]

I am 100% for Miller here, but if the law of the land is intent of the voter, it is pretty clear they intended their vote to go to the Senator. I personally would want as much scrutiny as possible to help Miller, but it kind of is what it is. Miller screwed up with a sloppy campaign and the write-in campaign was well executed.

[butterdezillion]

These people were able to get a list of names from which they could copy the exact spelling that the law requires?

But if they used a list the ballot was supposed to be set aside because it may or may not be counted, since a judge hasn’t ruled on that yet?

Am I understanding this right?

[KansasGirl]

[but if the law of the land is intent of the voter, it is pretty clear they intended their vote to go to the Senator]

The law specifically states that the name must appear on the write-in ballot just as it appears are the write-in candidate application.

[kosciusko51]

but if the law of the land is intent of the voter

But the law of Alaska is that the name on the write-in ballot must match the candidates name. If they can't spell Murkowski, too damn bad. They should be able to spell Polish-American names as easily as Anglo-American names.

- kosciusko51

[Domandred]

Posted by LachlanMinnesota in another thread:

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.

Pay particular attention to (a)(12) and (b).

Write in circle must be filled and write in name must match the declaration of candidacy...no exceptions.

That is Alaska Law.

[VRWCmember]

I am 100% for Miller here, but if the law of the land is intent of the voter, it is pretty clear they intended their vote to go to the Senator.

The law of the land (i.e. the state of Alaska) is that the ballot must be marked correctly and the name spelled correctly as listed on the Write-in application.

[Retired COB]

I am 100% for Miller here, but if the law of the land is intent of the voter,

The law says an exact match with the name filed as a write in....and I'm for Miller here too.

[San Jacinto]

if the law of the land is intent of the voter

What is the intent of the voter who writes in "Leeza Mur COW-ski"? Who says so? What if the voter intended to protest her running? Who says so?

More to the point -- what if the "law of the land" is NOT deciphered voter intent, but a written law that says the vote is to be counted for the person whose name is written on the ballot-- and spelling counts. A vote for Lisa Mirkowski is not a vote for Lisa Murcowski or Leza Mercowski or Lisa Murcowsky.

Voters could take written material into the voting booth. Just how do you discern the the intent of a person who can't spell the name of their chosen candidate?

[MortMan]

The law of the land is correct spelling - not “intent of the voter”. Miller is trying to have the law correctly enforced.

[IMissPresidentReagan]

The "law of the land" is as follows:

(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)(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.

The law sets forth an OBJECTIVE standard for measuring votes, while the Murkowski campaign wants to institute the SUBJECTIVE standard of voter intent. The law was clear - PRIOR TO VOTES BEING CAST - as to what the requirements are for a proper vote. If you meet those requirements, then you voted; if not, then you wasted everyone's time. Let's say, hypothetically, I went in and wrote in "Stupid MukyCowski wench" with the intent to MOCK her write in campaign or the intent to protest losers running as a write-in. Now, while that is probably not one of the more intelligent moves I could make, my INTENT as the VOTER was to not have my vote counted for Murkowski, but to mock her; however, under the guidelines that the Murkowski campaign wants, my individual intent would be ignored because a third party has decided that my intent was to vote for Murkowski. There is a reason the law sets forth an objective standard and that standard, which was in place well before Murky even thought about throwing her hissy fit campaign, should be followed. How is some third party going to be able to divine what any one person was thinking when they wrote whatever they wrote down.

As a side note, remember both Murkowski and her daddy were and have been huge political figures in Alaska. People should know how to spell their names, especially if the commercials there were as bad as they were here in Kentucky. :) If they still didn't know how to spell her name, or they had questions, the voter could have asked for assistance. If they chose not to avail themselves of those options, then I can't pretend to presume to know what anyone's "intent" was when they voted. Voter "intent" is a creation of liberals to relax standards to that if someone scribbles F U LMercowsky on a ballot - then that should count as Murkowski.

[Minus_The_Bear]

Ummm, no it isn’t. Where are you reading “intent” in the law?

[DouglasKC]

I am 100% for Miller here, but if the law of the land is intent of the voter, it is pretty clear they intended their vote to go to the Senato

That's not clear at all. Nobody can read the mind of an individual voter on a write in....they could have been gaming the system, they could have meant someone else, they could have been trying to screw over Murkowski because the law says it has to be spelled correctly. Nobody can really know the true intent. And when you start allowing such things it opens up a whole lot of trouble.

[longtermmemmory]

Alaska Law is very very specific, the name MUST be spelled correctly and the law says no exceptions.

[BenKenobi]

Well I don’t see how if you can’t spell it why your vote should count.

I’d say this if people wrote in Miler too.

[gogeo]

I am 100% for Miller here, but if the law of the land is intent of the voter, it is pretty clear they intended their vote to go to the Senator...

Law of what land? Alaska?

Alaska says fill in the oval, mane spelled correctly...