Murkowsky...or Murkowski......

[pocketfullofshells]

http://news.yahoo.com/s/yblog_upshot/miller-sues-over-murkowski-spelling-on-alaska-ballots

so Miller is suing to make sure that any mispelling of her name does not count as a vote for her...

first pretty sure Alaska law states voter intent...but being no expert on Alaska law could be wrong, but thats what reports had said....This was the case when I worked with a write in Canidate in WI, spelling just had to be close to make intent clear...at my polling station I only had only one vote not counted that I had planned to contest later if election was close as I felt it was clear, but counted did not ..( they had basicly wrote our slogan "pen in Jen" only wrote jen in pen....under rules as we had been told, even just writing Jen would count...( we started running just over 2 weeks before election so you can guess how how how hard it was to get a correct spelling of a name that was not normal out for the city..

that said, leagal issue aside....

Is Miller a insert name here...for trying to win this way...but basically saying your spelling is more important then who you realy wanted to vote for...we praise democracy and voting in this nation, ...but not at the expense of Spelling?

 

[Rick]

If he lost, he should step aside, but no lectures please from the leftwing, as if they wouldn't try any trick in the book to get political power, the only thing that means anything to them.

 

[steveox]

Remember AL FRANKIN?? Remember Norm Coleman just gave up.And now we have a liberal comedian in the senate. Miller should fight all the way to the US Superme Court. Ill bet you theyre be in favor of him. Democrats keep fighting they wont ever concede if its close. So Republicans should learn to play dirty like the Democrats do. Fair is Fair

 

[pocketfullofshells]

Remember AL FRANKIN?? Remember Norm Coleman just gave up.And now we have a liberal comedian in the senate. Miller should fight all the way to the US Superme Court. Ill bet you theyre be in favor of him. Democrats keep fighting they wont ever concede if its close. So Republicans should learn to play dirty like the Democrats do. Fair is Fair

ummm you know they both republicans right?

But its nice of you to make it clear the will of the voters takes 2nd to republican party poliitics..

and Frankin got more votes people get over it..
Colman only contested to hold up health care, he know he lost.

 

[BigRob]

http://news.yahoo.com/s/yblog_upshot/miller-sues-over-murkowski-spelling-on-alaska-ballots

so Miller is suing to make sure that any mispelling of her name does not count as a vote for her...

first pretty sure Alaska law states voter intent...but being no expert on Alaska law could be wrong, but thats what reports had said....This was the case when I worked with a write in Canidate in WI, spelling just had to be close to make intent clear...at my polling station I only had only one vote not counted that I had planned to contest later if election was close as I felt it was clear, but counted did not ..( they had basicly wrote our slogan "pen in Jen" only wrote jen in pen....under rules as we had been told, even just writing Jen would count...( we started running just over 2 weeks before election so you can guess how how how hard it was to get a correct spelling of a name that was not normal out for the city..

that said, leagal issue aside....

Is Miller a insert name here...for trying to win this way...but basically saying your spelling is more important then who you realy wanted to vote for...we praise democracy and voting in this nation, ...but not at the expense of Spelling?

Alaska state law does not actually state "voter intent", that is just the position the state has taken, and that is why Miller is filing this suit. It seems to be an issue of is "voter intent" more important than the letter of the law?

Miller's lawsuit basically argues that under the statute, write in ballots are only allowed to be counted if they are written on the ballot "as it appears on the write in declaration of candidacy." Therefore, by extension, the statute would not permit counting a ballot that does not mirror her name exactly.

We will have to let a judge decide.

 

[pocketfullofshells]

Alaska state law does not actually state "voter intent", that is just the position the state has taken, and that is why Miller is filing this suit. It seems to be an issue of is "voter intent" more important than the letter of the law?

Miller's lawsuit basically argues that under the statute, write in ballots are only allowed to be counted if they are written on the ballot "as it appears on the write in declaration of candidacy." Therefore, by extension, the statute would not permit counting a ballot that does not mirror her name exactly.

We will have to let a judge decide.

but my main question was, legal issue aside, is he kinda a ***** for trying to take away as many votes as he can just to win, rather then letting the voters truly pick a winner?

 

[BigRob]

but my main question was, legal issue aside, is he kinda a ***** for trying to take away as many votes as he can just to win, rather then letting the voters truly pick a winner?

I am sure the response would be along these lines:

Is he really a ***** for asking the law to be followed?

 

[pocketfullofshells]

I am sure the response would be along these lines:

Is he really a ***** for asking the law to be followed?

and I would say, so Democracy is less important then spelling to you,,

as he could not file the lawsuit, and let the standard of voter intent rule...as for why this is not state law already, is beyond me...or at least set law by the courts...I know I would be proud to win, based only on spelling errors of a write in...talk about a mandate!

 

[BigRob]

and I would say, so Democracy is less important then spelling to you,,

According to our own government, the rule of law is the cornerstone of all other elements of democracy. Without it, there is no democracy.

as he could not file the lawsuit, and let the standard of voter intent rule...as for why this is not state law already, is beyond me...

The statute does not include "voter intent". As for why it is not in the law, that is not Miller's fault.

or at least set law by the courts...

Isn't this what the whole lawsuit is about? The courts are going to decide the merits of his case based on the law... I don't see why that is a bad thing...

I know I would be proud to win, based only on spelling errors of a write in...talk about a mandate!

A mandate under the rule of law is fine with me. If Murkowski wins, then so be it, I don't have a problem with that, but she needs to do it under the legal guidelines established, otherwise Miller should be seated.

I don't see any problem with asking a judge to decide on the merits of Miller's lawsuit.

 

[Little-Acorn]

Alaska's election should be decided according to state laws in place before the election started.

What do those laws say? Do they require that a write-in candidate's name be spelled exactly correctly?

If not, then Miller has no case, and should withdraw his suit, and ballots should be evaluated accordingly.

If they do, then Miller should win his suit and ballots be evaluated accordingly.

What, exactly, does Alaska's law say?

 

[pocketfullofshells]

According to our own government, the rule of law is the cornerstone of all other elements of democracy. Without it, there is no democracy.



The statute does not include "voter intent". As for why it is not in the law, that is not Miller's fault.



Isn't this what the whole lawsuit is about? The courts are going to decide the merits of his case based on the law... I don't see why that is a bad thing...



A mandate under the rule of law is fine with me. If Murkowski wins, then so be it, I don't have a problem with that, but she needs to do it under the legal guidelines established, otherwise Miller should be seated.

I don't see any problem with asking a judge to decide on the merits of Miller's lawsuit.

again like I said he could have a legal case...i am just saying its a to keep it pg..jerk move to do it...and undermines the will of the people...Let the peoples voice be heard and listen to it, not try to play with, well you used a y not a i, so I win...I'm sure Alaska deserves to have they want win, not have the win based on spelling...

 

[BigRob]

Alaska's election should be decided according to state laws in place before the election started.

What do those laws say? Do they require that a write-in candidate's name be spelled exactly correctly?

If not, then Miller has no case, and should withdraw his suit, and ballots should be evaluated accordingly.

If they do, then Miller should win his suit and ballots be evaluated accordingly.

What, exactly, does Alaska's law say?

Miller's complaint (in short), cites the following:

"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 candidates name in accordance with (1) of this subsection." (AS 15.15.360(a)(10))

Further:

"A vote for a write-in candidate, other than a write-in vote for Governor and Lt. 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." (AS 15.15.360(a)(11))

Additionally, AS 15.15.360(b) states, "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 with these rules."


Basically, you can see the argument. Basically, if the name of the write-in candidate is misspelled, then it is not "as it appears on the write-in declaration of candidacy", and therefore, according to AS 15.15.360(b) it would be invalid and not be counted, since there are "no exceptions."

 

[BigRob]

again like I said he could have a legal case...i am just saying its a to keep it pg..jerk move to do it...and undermines the will of the people...Let the peoples voice be heard and listen to it, not try to play with, well you used a y not a i, so I win...I'm sure Alaska deserves to have they want win, not have the win based on spelling...

Does the "will of the people" supercede the rule of law?

 

[Little-Acorn]

Miller's complaint (in short), cites the following:

"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 candidates name in accordance with (1) of this subsection." (AS 15.15.360(a)(10))

Further:

"A vote for a write-in candidate, other than a write-in vote for Governor and Lt. 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." (AS 15.15.360(a)(11))

Additionally, AS 15.15.360(b) states, "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 with these rules."


Basically, you can see the argument. Basically, if the name of the write-in candidate is misspelled, then it is not "as it appears on the write-in declaration of candidacy", and therefore, according to AS 15.15.360(b) it would be invalid and not be counted, since there are "no exceptions."

If that's that Alsaka laws say, then Miller is right. And he's merely asking that the law be obeyed.

Does the "will of the people" supercede the rule of law?

Only if the people change the law, which it sounds like they haven't.

Even if the people do get their legislators to change it now, it can't work retroactively to affect an election that's already been held.

Is Murkowski fighting Miller's assertion? Then she is fighting for the the law to be disobeyed.

 

[pocketfullofshells]

Does the "will of the people" supercede the rule of law?

for the last 25 years or so, the courts have ruled that voter intent overruled technicalities...Do we want a government based on laws...with no brains behind the laws?

And more, do you want to be the guy who wins the way he would have to..with less votes, but winning based on spelling...?
If you where in his place, and knew that for a fact, many more voted for the other person, but if you got rid of some for spelling errors ( easy on a name like hers) or would you personally say you know what, I will listen to what the people want and let the real winner win, and not try to dance on technicalities.

I think its pretty pathetic...its wrong to try to win a election with fake votes for you...but its even worse trying to just take peoples real votes away from them...If he wants to show that it he against the politics of Washington and all that crap the tea party normally puts out...he sure has a funny way of showing it.