Miller v. Murkowski update

[MicroBalrog]

If the news is reporting correctly there are some "voter's intent" case law precedents but those didn't involve write-in ballots, just marks on scan-tron.

Since you aren't forbidden from cutting out an article in the paper with the name spelled correctly, or printing something online for free at the library, or having someone who can spell write the name for you, and carrying that crib note into the voting booth; I have a bit of a problem with the "but, but, spelling is hard" argument.  It's your vote dammit, people died so you could have it, put a little effort in or don't do it at all.

Let me explain this:

My experience with heavily-dyslexic people is summed up by having gone to Basic Training with a young man who was, by all accounts, a prodigy (tested out at some abominably high IQ). But the IDF drafts everybody.  Even prodigies. Even peopl who cannot spell the word 'IDF' when surrounded by people wearing shirts with that acronym.

[Matthew Carberry]

Let me explain this:

My experience with heavily-dyslexic people is summed up by having gone to Basic Training with a young man who was, by all accounts, a prodigy (tested out at some abominably high IQ). But the IDF drafts everybody.  Even prodigies. Even peopl who cannot spell the word 'IDF' when surrounded by people wearing shirts with that acronym.

Let me explain myself.  I already said people with a documentable medical issue such as dyslexia should get some assistance.  

 

[TommyGunn]

Think of dyslexics. There are people who are fully intellectually competent to understand the issues, and yet can't spell.

Have them get a properly spelled out rubber stamp with the name ... that should be legal ... politicians LOVE rubber stamps -- they've been doing it for decades.

[cassandra and sara's daddy]

or the last name of the candidate is written in the space provided.

[cassandra and sara's daddy]

http://www.washingtonpost.com/wp-dyn/content/article/2010/11/11/AR2010111105971.html?nav=hcmoduletmv

i find it interesting that were the situation reversed here i believe millers folks would be shouting about the will of the people

[Matthew Carberry]

or the last name of the candidate is written in the space provided.

The dyslexic folks could make an "X" and a certified poll watcher from each campaign could verify the name written by an able speller was the one requested.

I think you're right about whose ox is being gored reflecting on who's yelling what.

[cassandra and sara's daddy]

on one contested ballot its being contested because the l is in cursive.....   i think miller has the chance to demonstrate that he represents grownups who deserve a seat at the table, or he and his followers can go all larouche on us. That decision will impact the tea party's future. we will know soon

[Matthew Carberry]

on one contested ballot its being contested because the l is in cursive.....   i think miller has the chance to demonstrate that he represents grownups who deserve a seat at the table, or he and his followers can go all larouche on us. That decision will impact the tea party's future. we will know soon

Too late for any class at this point.

[cassandra and sara's daddy]

sadly true

[MicroBalrog]

Too late for any class at this point.

It was too late once these people have registered their campaigns with the FEC.

[stevelyn]

The Dutch Harbor Fisherman (local paper) had peel-off stickers on the front page of the last issue of their rag that had the 'write in the name, fill in the oval' campaign slogan on it including the correct spelling of her name.

I couldn't tell you about the skAnchorage or Fairbanks papers, but the media up here is definitely singing her praises. 

[GigaBuist]

http://www.washingtonpost.com/wp-dyn/content/article/2010/11/11/AR2010111105971.html?nav=hcmoduletmv

i find it interesting that were the situation reversed here i believe millers folks would be shouting about the will of the people

I believe there's some contention about whether or not write-ins for Joe Miller should be counted too.  Technically speaking he's not on the list of write-in candidates and they shouldn't. 

[sumpnz]

I believe there's some contention about whether or not write-ins for Joe Miller should be counted too.  Technically speaking he's not on the list of write-in candidates and they shouldn't. 

Last I'd heard at least he'd only gotten 2 write in votes.  Kind of a moot point if that's all he gets from the write ins.  The chances of that vote coming down to those 2 swinging it to Murky are pretty remote.

[Ron]

Last I'd heard at least he'd only gotten 2 write in votes.  Kind of a moot point if that's all he gets from the write ins.  The chances of that vote coming down to those 2 swinging it to Murky are pretty remote.

Who is Murky? Was it your intention to refer to Lisa Ann Murkowski?    

[cassandra and sara's daddy]

http://alaskadispatch.com/blogs/political-animal/7072-fact-checkers-examine-anti-murkowski-ads


is it that shes beating miller thats got you mad?  or that even with palins endorsment miller lost?  and that bodes poorly for the cause?

[cassandra and sara's daddy]

http://factcheck.org/2010/10/murkowski-vs-tea-party-round-2/

[zxcvbob]

Dogmush,

Scroll down to number (a)11 and then (b).

Alaska Stat. § 15.15.360

(a)(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.


The statute is pretty clear that the name must be exactly as declared by the candidate and there isn't any wiggle room to interpret it more widely.

http://codes.lp.findlaw.com/akstatutes/15/15.15./15.15.360.

I bolded a different clause.  Notice the "or" at the beginning.  Writing the last name is sufficient, and it doesn't say anything about how much misspelling is allowed.

Miller had been challenging things like "Murkowski, Lisa", and ballots where the 'L' was cursive.

Both of 'em are sore losers, but Miller seems to also be a *expletive deleted*bag; that should disqualify him in my opinion.

[makattak]

All I know is if Murkowski does not face serious consequences to her standing within the party after this stunt, it's time for conservatives to mount third party challenges.

Ignoring primary voters (the base) is a VERY bad idea for the party to encourage in any way. (And there may be serious consequences for the Republican leadership if they don't realize this.)

[cassandra and sara's daddy]

but it appears that the majority of folks wanted her.  are their votes discounted cause they didn't vote in the primary?  maybe miller needs to hear what they told him. he and his camp are not doing their cause any favors right now

[makattak]

but it appears that the majority of folks wanted her.  are their votes discounted cause they didn't vote in the primary?  maybe miller needs to hear what they told him. he and his camp are not doing their cause any favors right now

What she did was disgraceful and self-serving. For the Alaskan people to vote for pork as blantantly as they just did is sickening.

However, it appears she won. There should be consequences to her standing in the Senate, though.

[cassandra and sara's daddy]

i think its all a matter of perspective.  the fact that she won as a write in speaks loudly. if it had gone the other way and miller had won as a write in some folks would be speaking about "the will of the people" and what a great moment it was.  what did miller or his camp do wrong? it was his to lose

[Tallpine]

Since she lost the primary, does this mean that more Dems voted for her than Repugs 

[cassandra and sara's daddy]

in this case the miller camp managed to convince enough folks that they didn't want him while the murkowski camp taught everyone to spell her name.

The "write in candidate" - presumably Murkowski - leads the field with 34 percent, according to the poll. McAdams is up 13 points and comes in at 29 percent, while Miller is down 8 points with 23 percent support.

1/2 way down page 2
http://www.cbsnews.com/8301-503544_162-20021092-503544.html

the fail begins

[Matthew Carberry]

I bolded a different clause.  Notice the "or" at the beginning.  Writing the last name is sufficient, and it doesn't say anything about how much misspelling is allowed.

Miller had been challenging things like "Murkowski, Lisa", and ballots where the 'L' was cursive.

Both of 'em are sore losers, but Miller seems to also be a *expletive deleted*bag; that should disqualify him in my opinion.

"... and if the name, as it appears on the write-in declaration of candidacy, of the candidate or the last name of the candidate..."  

The "as it appears on the write-in declaration" applies equally whether the person chooses to write the entire name or simply the last name.  Since all the text says is "as it appears..." there is no textual allowance for any misspelling at all.

For the statute to support poor/lazy spellers it would have to read "as it appears or a minor misspelling thereof..."

Since there is not yet any controlling case precedent or judicial ruling on that particular part of the election law; the "intent of the voters", as expressed by their freely elected legislators, should be respected and the text read exactly as written. 

[Matthew Carberry]

Miller cost himself support. 

He won the primary not due to a real majority in even the republican side but in getting out the vote of the energized and offering an alternative to Murkowski's lingering negative "Daddy's Girl" image and moderation on some social issues.

He then didn't manage his own message and made some horrible personal and campaign decisions on top of it.  That cost him support from folks who voted for him in the primary as well as most of our massive number of "independents in practice regardless of declared affiliation".

He's still got potential votes coming in from absentee, early and questioned ballots but it will likely come down to the courts.