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 8 use of the surname is sufficient in the circumstances to indicate for whom the voter intended to cast his ballot. Beck v. Cousins, 252 Iowa 194, 106 N.W.2d 584 (1960); Brown v. McCollum, 76 Iowa 479, 41 N.W. 197 (1889). As these cases hold, the issue is to be decided in light of all facts of a general public nature surrounding the election which the voter may be presumed to know and in view of which he may be presumed to have exercised his franchise. Among the circumstances bearing on the determination of voter intent are whether the write-in candidacy was well publicized and whether other candidates and other residents of the locality involved had the same or similar surname. In this case Devine's candidacy was well publicized and advertised. Because of this and because of his prior candidacy for the same office, his name was familiar to many voters in this rural, lightly-populated county. Ten other residents of the county bore the same surname, but all were relatives of Devine and none was a candidate for this or any other office. One was his 70 year-old aunt and the others were all members of his immediate family. In addition, another person, a non-relative named Daniel Edward Devine, had died in March 1976, about eight months before the election. The circumstances here are sufficiently close to those in the Brown and Beck cases to warrant the same result. In view of Devine's active candidacy, the publicity and advertising which accompanied it, and the unlikelihood of his being confused with the few other persons having the same surname, none of whom were shown to be politically active, the use of his surname alone was sufficient to indicate a vote for him. We find that the voters who wrote in the surname Devine, Mr. Devine, or F. Devine intended to vote for candidate Francis P. Devine. In addition to the Brown and Beck cases, authorities from other jurisdictions support this conclusion. See Fitzsimmons v. Wilks, 25 Cal.App. 56, 142 P. 892 (1914) (three members of immediate family bore same surname); Kreitz v. Behrensmeyer, 125 Ill. 141, 17 N.E. 232 (1888) (other persons in the county had the same surname but none was a candidate); Gulino v. Cerny, 13 Ill.2d 244, 148 N.E.2d 724 (1958); Dupin v. Sullivan, 355 S.W.2d 676 206 (Ct.App.Ky.1962) (other persons in the city had the same surname but were not candidates); Petrie v. Curtis, 387 Mich. 436, 196 N.W.2d 761 (1972); Kasten v. Guth, 395 S.W.2d 433 (Mo.1965); Petition of Fifteen Registered Voters on behalf of Flanagan, 129 N.J.Super. 296, 323 A.2d 521 (1974) (nine other registered voters had the same surname but none was a candidate); Chonin v. Millspaugh, 13 Misc.2d 841, 180 N.Y.S.2d 674 (1958); Keenan v. Briden, 45 R.I. 119, 119 A. 138 (1922); Annot., 86 A.L.R.2d 1025 et seq. See also 26 Am.Jur.2d Elections s 272 at 99 ("Although some courts deem themselves bound by a stricter rule, it has been held that a ballot that contains a candidate's surname only may be counted, even though there are other persons in the county having the same surname."); 29 C.J.S. Elections s 180 at 518. We hold the district court erred in refusing to count these 77 votes for Devine. [14] III. Other name variations. The trial court counted 19 of 46 ballots for Devine on which numerous variations of his name appeared. The principle which is applicable *628 in this situation is similar to the one involved when the surname alone is written in. The voter's intention, if it can be ascertained, should not be defeated or frustrated by the fact the name of the candidate is misspelled, or the wrong initials were employed, or some other slightly different name of similar pronunciation or sound has been written instead of the actual name of the candidate intended to be voted for. Brown v. McCollum, 76 Iowa 479, 485, 41 N.W. 197, 198 (1889). In Brown, ballots were counted for Ella S. Brown on which the write-ins were "Mrs. A. Brown", "Ella Brown", "Miss Emma Brown", and "Elice Brown". [15] In the present case the district court counted 19 votes for Devine where the name variations were slight. Examples include "France Devine", "France P. Defvine", and "Franics P. Deiven". These all appear to be attempts by voters to cast their ballot for Devine, and we believe the trial court was correct in counting these votes for him. [16] However, the court rejected an additional ballot which comes within the same principle. This ballot was cast for "Frank Devine". We find it sufficiently reflects an intent to vote for Francis P. Devine and should have been counted for © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.