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What's more important: following the letter of state law on how to count write-in votes, or trying to determine a voter's intent in order to count as many votes as possible?
For Joe Miller, it's the letter of the law. For Lisa Murkowski, it's voter intent. A federal judge has ordered lawyers for both of them to submit legal briefs next week in a lawsuit filed by Miller. He claims the state improperly changed the recount rules at the last minute. Despite the legal battle, the vote counting goes on.
Here's the issue. Alaska election law says a write-in vote will count if the candidate's name is written on the ballot "as it appears on the write-in declaration of candidacy." Writing only the candidate's last name also counts. Those rules, the Alaska election code says, are mandatory "and there are no exceptions to them."
Miller, the Republican candidate, argues that in order to count, a vote for Murkowski must be spelled correctly. "The statute does not permit a write-in vote to be counted if a voter includes only a 'reasonable approximation' or a 'close variation' of a candidate's name," his lawsuit says.
But many legal experts believe the issue isn't so clear cut. Prof. Rick Hasen of Loyola Law School says Alaska courts have been especially strong in insisting that voter intent be taken into account when interpreting election laws. Alaska's elections director, Gail Fenumiai, cites two Alaska court decisions allowing votes to count when the intent was clear, even if ballots were not filled out according to the letter of the law. Neither of those cases, however, involved write-in candidates.
For now, the state is keeping the ballots that clearly spell Murkowski's name correctly separate from those that don't. If enough Alaskans passed the spelling test, she could be the apparent winner even before the legal fight is over.
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Alaskan tea baggers have shown they don't make good losers...
Poor Joe is only following in the footsteps of his mentor Grama Grizzly!
That's an old republican trick. If you can't win try cheating
Totally agree campesino... the only thing you left out was the lying & stealing...
It's unfortunate we all have to watch the rerun over and over and over....
Now, now...maybe some voters intended to vote for "Liesl Markooski".
Everybody has a heart, everybody has a brain, everybody has courage - these were the gifts given you when you came to this earth - and if you use them properly, you will reach your pot of gold at the end of the rainbow- and that pot of gold is a home - a home that isn't just a house, that isn't just an abode - it's people - people who love you and you love. Ray Bolger on the message of the Wizard of Oz.
Do the right thing Congress. Both Republicans & Democrats. Millions of working and middle class families are depending on you. Give everybody a chance. Let the rich have their mansions and European vacation homes. Who cares.
But American families need help to just survive and do all they can to give their children a proper upbringing. It's all they want. They can't afford anything right now. Not even a vacation, despite their long working hours month after month after month, if they are fortunate enough to even have a job. College tuitions are ridiculous. Help them out. And make the millionaires pay their fair share to help keep this nation going. Let their tax cuts expire. Make them behave like responsible American citizens.
The rest of us are. Just let the wealthy see their tax cuts expire. Why on earth would they not want to contribute to keep our country and its citizens from going under? Who are these people? I know who the middle & working class are. They are honest, hard working people. Who want to raise their children responsibly, before they go out into the world, and for the parents to then retire with dignity.
As Chris Hays said last night - this tax issue is about who will get the biggest slice of the pie. Always it is the wealthy who get all the breaks.
President Obama, please. Let their tax cuts expire. You ran your campaign on this very issue. No compromise this time. Speak for the American families. It's why you won. To represent us, not the wealthy.
Courage. Use it Congress. For once in your life - use it.
I agree with Pat Buchanan - tax cuts expire on all income $1 Million and up.
This is a compromise I can live with. I don't see why incomes in the $500,000 can't be included, but I'll live with the $1 Million figure.
The Deficit Commission has produced an excellent picture of the alternative to allowing the tax cuts over 250,000 to expire. The rape of Social Security, Vets benefits, college aid, childrens'health, etc etc
Fight the good fight Joe; challenge every single ballot. Fight the good fight Lisa; counter-challenge every challenge. Don't settle for anything less than complete victory. If you guys try hard enough, you can stretch this thing out for years.
Alaska State law says: "(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.
It only requires that the last name is written in the space provided and does not explicitly require correct spelling.