Devine v. Wonderlich (1978) 268 N.W.2d 620 268 N.W.2d 620 (Cite as: 268 N.W.2d 620) Page 5 Code. The county auditor was uncertain about whether Devine's name should be printed on the paper ballot. On October 4, 1976, he notified Devine his name would be on the *624 ballot, but two days later he informed him he had changed his mind. Devine commenced an injunctive action to have his name put on the ballot. The auditor had stickers printed, showing Devine's name and the office he sought, which he intended to attach to the ballot if Devine's lawsuit was successful. However, Devine lost his case, and the auditor gave the stickers to the secretary of a county taxpayers' association who distributed more than 3000 of them to other persons in the county. Devine's problem received considerable publicity, and he campaigned and advertised extensively as a write-in candidate. After the election, the official canvass of votes showed he received 2655 votes and Wonderlich 2653. However, this result was upset by the contest court, and Devine also was declared the loser in district court. This appeal followed. The district court concluded Wonderlich won by a vote of 2638 to 2503. At issue here is the validity of 282 ballots, 272 of which Devine claims and ten of which Wonderlich claims. The contested ballots fall into four main categories. First is a group of 108 sticker ballots. Second is a group of 77 ballots on most of which the surname "Devine" only or the name "F. Devine" was written in. Third is a group of 46 ballots in which numerous name variations exist. Fourth is a group of 51 ballots, including the ten claimed by Wonderlich, which involve other irregularities. The district court counted 79 of the contested ballots for Devine, but Wonderlich contends it erred in doing so. Devine asserts the court should have counted all 272 of the votes he claims. I. The sticker ballots. Although the use of pasters or stickers for voting on paper ballots is not expressly provided for by statute in Iowa, authority for their use exists under s 49.99, The Code, which provides: The voter may also insert in writing in the proper place the name of any person for whom he desires to vote and place a cross or check in the square opposite thereto. The writing of such name shall constitute a valid vote for the person whose name has been written on the ballot without regard to whether the voter has made a cross or check opposite thereto. The making of a cross or check in a square opposite a blank without writing a name therein, shall not affect the validity of the remainder of the ballot. The words "in writing" include "any mode of representing words or letters in general use." s 4.1(17), The Code. See Barr v. Cardell, 173 Iowa 18, 155 N.W. 312 (1915); Ray v. Hogan, 221 Mass. 223, 108 N.E. 1051 (1915), Murray v. Floyd, 216 Minn. 69, 11 N.W.2d 780 (1943). The stickers used on the contested sticker ballots in this case were in the following form: FOR MEMBER BOARD OF SUPERVISORS Term Commencing 1977 [ ] FRANCIS P. DEVINE The sticker accurately states the office and term for which Devine was running, and the words used to do so are a precise duplicate of words printed on the ballot just above the space for writing in a candidate's name in all but the Republican and petition-candidate columns on the printed ballot. Wonderlich alleged the 108 [FN1] ballots containing these sticker votes could not be counted for Devine because the stickers have words other than Devine's name printed on them, and he alternatively alleged 52 of them could not be counted because they were not affixed in the proper place on the ballot. The district court rejected his first allegation but sustained his second. We must now determine if the court erred. FN1. He attacked an additional sticker ballot because it was voted in the Republican column. This ballot is among those discussed in division IV. © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. 203