Election-Campaign Law

Alaska

By Thad Hall

So Slate has an explainer piece about if you have to spell Lisa Murkowski’s name correctly for it to count.  The thing the story totally misses — and what will prove to be controversial — is not the name part but the Alaska law governing filling in the oval on optical scan ballots.  Alaska law is clear on this point (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.  [NOTE:  (1) of the subsection states — (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.)

(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.

In short, this is going to be fun.

Full post as published by Election Updates on September 20, 2010 (boomark / email).