Lawmakers act to clarify write-in law

Alaska may be one step closer to clearing up ambiguous language concerning how to count write-in ballots cast by voters.

The state Senate voted unanimously on Valentine’s Day to pass Senate Bill 31, which adds and amends language in AS 15.15.360, Sections 1, 2 and 3 to specify how write-in votes shall be counted.

The bill was sponsored by a bipartisan mix of senators from across the state — Joe Thomas, Hollis French, Linda Menard and Bill Wielechowski — on the heels of the 2010 U.S. Senate race in Alaska. A new subsection was added to Section 1, subsection (d) that sets forth five rules for counting write-in ballots:

(1) Writing in the name of a candidate whose name is printed on the ballot does not invalidate a write-in vote unless the director determines, on the basis of other evidence, that the ballot was so marked for the purpose of identifying the ballot;

(2) 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 (a)(1) of this section;

(3) 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 and if the name of the candidate, as it appears on the write-in declaration of candidacy, or the last name of the candidate is written in the space provided;

(4) if the write-in vote is for governor and lieutenant governor, the vote shall be counted if the oval is filled in and the names of the candidates for governor and lieutenant governor, as they appear on the write-in declaration of candidacy, or the last names of the candidates for governor and lieutenant governor, or the name of the candidate for governor, as it appears on the write-in declaration of candidacy, or the last name of the candidate for governor is written in the space provided;

(5) in counting votes for a write-in candidate, the director shall disregard any abbreviation, misspelling or other minor variation in the form of the name of a candidate if the intention of the voter can be ascertained.

And Section 2 of AS 15.15.365 would add a new section specifying the counting of write-in ballots in general elections:

(a) Write-in votes on a general election ballot shall be counted by candidate only if the aggregate of all votes cast for all write-in candidates for the particular office is:

(1) the highest number of votes received by any candidate for the office; or

(2) the second highest number of votes received by any candidate and the difference between the total number of votes received by the candidate having the highest number of votes and the aggregate of all votes cast for all write-in candidates for the office is less than the percentage necessary for a recount at the state’s cost under AS 15.20.450.

(b) Write-in votes that do not meet the requirements of this section may not be individually counted under this section.

(c) If the director determines that the requirements of (a) of this section have been met, the director shall establish the place and date for counting those write-in votes, and the director, or a designee of the director, shall count all write-in ballots under AS 15.15.360(d). (d) This section does not apply to the counting of federal write-in absentee ballots submitted under 42 U.S.C. 1973ff.

* Sec. 3. AS 15.15.360(a)(9), 15.15.360(a)(10), 15.15.360(a)(11), and 15.15.360(a)(12) are repealed.

In the Legislature, the Senate bill passed Monday moves to the House State Affairs Committee.

The state is in the midst of its own internal review, conducted by the lieutenant governor’s office, Division of Elections and Department of Law, which is scheduled to conclude March 4. Alaskans may submit comments to lt.governor@alaska.gov, or at the following link: http://ltgov.alaska.gov/treadwell/contact/public-comment.html.

We applaud our elected officials in both branches of government for this bipartisan effort to clarify election rules for counting write-in ballots in a way that honors voter intent.