The write-in campaign of Sen. Lisa Murkowski has asked the state Division of Elections for some clear rules about what will constitute an acceptable write-in vote for her in November. Murkowski is running a general election write-in campaign after losing the Republican primary for U.S. Senate to Fairbanks attorney Joe Miller.
Her name will not be on the ballot, so her supporters have to write it in and fill in the oval next to the write-in slot.
According to state law, the name her supporters write has to match the name she uses as a candidate, or at least the last name as it appears.
Simple enough.
Except that there's another state law that allows more latitude in spelling and punctuation for absentee voters, but it's not clear that such latitude applies to all voters. And both Lt. Gov. Craig Campbell and elections director Gail Fenumiai suggested last month that the benefit of the doubt would be given to voters as long as their intent is reasonably clear. Later, however, Campbell said that the Division of Elections would proceed according to statute and wouldn't answer any hypothetical questions.
So we're left to wonder -- does Liza Murkowski count? Lesa? Lisa M? Murkowsky?
Heaven help us, it's another Alaska election.
Joe McKinnon, a former Democratic state lawmaker from Anchorage, has been researching the issue. He said there's not much case law to go on, because most write-in candidacies are fringe efforts that garner few votes and never get close enough to litigate.
However, he did point to a case in Colorado in which a court ruled that the name "Lamb" as a write-in for candidate "Lamm" was a valid vote, because the intention of the voter was clear.
He also pointed out that the Murkowski camp has time and money to do what it's doing now -- preparing voters to memorize her name. "With a million bucks, they can see that voters' spelling will improve."
On the other hand, her name could be Sue Jones and some voters would get it wrong. So where does the Division of Elections draw the line? How to provide that clarity?
If the division decides that the intent of the voter should be the rule of thumb, then crystal clarity won't be possible before the election. And a voter's intent should be the rule. Voters shouldn't be disenfranchised if they screw up a letter or two. This is an election, not a spelling bee. If a reasonable person can see the voter's intent, the vote should count. And the oval? That must be filled in. Left empty, the vote shouldn't count. Every voter has to fill in the oval, whether the name next to it is printed by the state or written by the voter.
The spirit of the law and respect for the right to vote should trump the letter of the law and the ability to spell.
But one more question -- what if a harried voter gets confused and writes in Lisa Miller? Lisa McAdams?
Sorry, couldn't help it. It's another Alaska election.
BOTTOM LINE: Voter's intent more important than voter's spelling.