Devine v. Wonderlich (1978) 268 N.W.2d 620 268 N.W.2d 620 (Cite as: 268 N.W.2d 620) Page 7 The question remains one of voter intent and absence of identifying marks. The provisions of s 49.68 do not provide a basis for holding the 108 ballots invalid. lot); Erickson v. Paulson, 111 Minn. 336, 126 N.W. 1097 (1910) (covering printed matter); Roberts v. Bope, 14 N.D. 311, 103 N.W. 935 (1905). [9] Wonderlich's alternative challenge to 52 of the sticker ballots is based on an alleged violation of s 49.99 which requires write-ins to be inserted "in the proper place". This requirement serves three purposes. First, it helps prevent the fraudulent alteration of ballots to conceal votes properly marked by another for a different candidate. In re KeoghDwyer, 85 N.J.Super. 188, 199, 204 A.2d 351, 356 (1964), rev'd on other grounds, 45 N.J. 117, 211 A.2d 778 (1965). Second, it limits the opportunity to use placement of stickers to identify the ballot. Sims v. George, 250 Ind. 595, 236 N.E.2d 820 (1968). Third, it serves the obvious purpose of preserving the integrity of the ballot by insuring the vote is cast as the elector intends. Deviation in placement has been held to be too great in other cases. See Sims v. George, 250 Ind. 595, 236 N.E.2d 820 (1968) (stickers at various places on ballots other than space provided); O'Brien v. Board of Election Comm'rs., 257 Mass. 332, 153 N.E. 553 (1926) (same); Read v. McPherson, 255 Mich. 604, 238 N.W. 477 (1931) (sticker in wrong column); Murray v. Floyd, 216 Minn. 69, 11 N.W.2d 780 (1943) (sticker under wrong office); In re Keogh-Dwyer, 85 N.J.Super. 188, 204 A.2d 351 (1964), rev'd on other grounds, 45 N.J. 117, 211 A.2d 778 (sticker over opposing candidate's name). [10] To be valid, the write-in vote must be cast in substantial compliance with the statute. See Brown v. McCollum, 76 Iowa 479, 486, 41 N.W. 197, 199 (1889) (write-in slightly above or below its proper place does not invalidate the ballot). We hold, in accordance with the majority rule, that the standard is met when the sticker is close enough to the space designated for the write-in to show the elector's intention. See 29 C.J.S. Elections s 179 at 510 ("(I)t is not sufficient if the sticker is placed under the name of some other office, but a ballot should not be rejected * * * where the sticker is placed so near the name of the office voted for as clearly to indicate the elector's intention."). Sticker votes were upheld in the following cases where some deviation in placement existed. See Bartlett v. McIntire, 108 Me. 161, 175, 79 A. 525, 531 (1911) ("When a sticker is so placed that enough of the top parts of the letters of the designation remain, so that the eye can see what the office was, the vote should be counted."); Ray v. Hogan, 221 Mass. 223, 108 N.E. 1051 (1915); Cory v. MacKenzie, 297 Mich. 523, 298 N.W. 120 (1941); Burns v. Rodman, 342 Mich. 410, 70 N.W.2d 793 (1955) (stickers placed under rather than opposite name of office); Sawyer v. Hart, 194 Mich. 399, 160 N.W. 572 (1916) (sticker covered words which were not material); Hanson v. Emanuel, 210 Minn. 271, 297 N.W. 749 (1941) (stickers too wide for spot, sticker upside down, and sticker extending over edge of bal- Cases relied on by Wonderlich and the district court were decided under a minority rule requiring strict compliance with statutes relating to placement of stickers, and we decline to follow them. See In re Election of Supervisor in Springfield Twp., 399 Pa. 37, 159 A.2d 901 (1960); State ex rel. Browne v. Dist. Ct., 167 Mont. 477, 539 P.2d 1182 (1975). [11] We have examined the 52 ballots on which Wonderlich contends stickers were incorrectly placed. We find the placement of these stickers substantially complies with the statute. Although on 30 ballots they *627 conceal the words "Township Ticket," printed on the ballot directly below the space for supervisor write-ins, the voters' intent to cast these sticker votes for Devine in the board of supervisors race remains clear. We hold that the district court should have counted all 108 rather than only 56 of the challenged sticker ballots for Devine. II. The surname votes. The district court refused to count for Devine 77 ballots on which only his surname or first initial and surname were written in. The surname "Devine" was used on 49 of them, the designation "Mr. Devine" on three, and the name "F. Devine" on the remaining 25. [12][13] We have previously held that a write-in vote showing a candidate's surname alone is valid when it appears the © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. 205