The Resolution of Election Disputes: Legal Principles that Control Election Challenges 268 N.W.2d 620 268 N.W.2d 620 (Cite as: 268 N.W.2d 620) Page 2 lot just above space for writing in a candidate's name. I.C.A. § 49.98. [7] Elections 192 144k192 Most Cited Cases Statute providing that voters are to be instructed not to vote spoiled or defaced ballots was inapplicable in determining whether write-in ballots were invalid, since, assuming such ballots were "spoiled" by attaching one of write-in candidate's stickers to them, statute did not make a "spoiled" ballot invalid as such because it did not establish standard for determining validity of ballots. I.C.A. § 49.68, subd. 6. [8] Elections 161 144k161 Most Cited Cases Statute providing that voters are to be instructed not to vote spoiled or defaced ballots is a precautionary device and is procedural rather than substantive; when construed with another statute authorizing voter to return a spoiled ballot for a new one, it means that when a ballot contains an erasure, crossed out words or other extraneous markings, it is "spoiled" or "defaced" and may therefore be replaced; however, when ballot is not replaced it is not invalid so long as voter's intent can be ascertained and markings were not placed on ballot for purpose of identifying it. I.C.A. §§ 49.68, subd. 6, 49.98, 49.100. [9] Elections 182 144k182 Most Cited Cases Statute requiring write-in ballots to be inserted "in proper place" has purpose to help prevent fraudulent alteration of ballots to conceal votes properly marked by another for different candidate, to limit opportunity to use placement of stickers to identify ballot and to preserve integrity of ballot by insuring vote is cast as elector tends. I.C.A. § 49.99. [10] Elections 182 144k182 Most Cited Cases To be valid, write-in vote must be cast in substantial compliance with statute requiring write-ins to be asserted "in proper place"; such standard is met when sticker is close enough to space designated for write-in to show elector's intention. I.C.A. § 49.99. [11] Elections 200 182 144k182 Most Cited Cases Placement of stickers on write-in ballots substantially complied with statute requiring that write-ins be inserted "in proper place," since, although ballots concealed words "township ticket," printed on ballot directly below space for supervisor write-ins, voters' intent to cast such sticker votes for write-in candidate in board of supervisors race remained clear. I.C.A. § 49.99. [12] Elections 181 144k181 Most Cited Cases A write-in vote showing a candidate's surname alone is valid when it appears use of surname is sufficient in circumstances to indicate for whom voter intended to cast his ballot; issue is to decided in light of all facts of a general public nature surrounding election which voter may be presumed to know and in view of which he may be presumed to have exercised his franchise; among circumstances bearing on determination of voter intent are whether write-in candidacy was well publicized and whether other candidates and other residents of locality involved had same or similar surname. [13] Elections 181 144k181 Most Cited Cases Write-in votes showing only candidate's surname or first initial and surname were valid, since use of surname was sufficient to indicate for whom voter intended to cast his ballot in view of write-in candidate's active candidacy, publicity and advertising which accompanied it and unlikelihood of his being confused with few other persons having same surname, none of whom were shown to be politically active. [14] Elections 188 144k188 Most Cited Cases Voter's intention, if it can be ascertained, should not be defeated or frustrated by fact name of write-in candidate is misspelled, or wrong initials were employed, or some other slightly different name of similar pronunciation or sound has been written instead of actual name of candidate intended to be voted for. [15] Elections 188 144k188 Most Cited Cases In election contest involving write-in board of supervisors candidate Francis P. Devine, no error occurred in counting © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.