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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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