Monday, 5 January 2015

WRITE IN VOTING RULES AND REGULATIONS


The Write to Vote

by Eric Longley


On Election Day in Durham, a 14-year-old boy was allowed to vote. If the boy and his parents HAD not blabbed to the media, this boy's vote (straight Republican) would probably Have Been Counted.

During election That same day, I cast my ballot as an adult, qualified voter. But the persons voted for as President I, Governor and Senator Were thrown away: it will be as if i had never voted for candidates in Original at all.

To Explain: On most of it the ballot, I voted for candidates Were Regularly Whose names printed. In four places, however it, There Were blank spaces Where the names of write-in candidates Could Be placed. In These spaces, I wrote in my choices: For President: Michael Moore, host of TV Nation, producer of Roger and Me, and author of Downsize This! For Senator: Billy C. Wirtz, Generally Referred to as "Reverend," the great musician / comedian. For Governor: William Jenkins, of the North Carolina Farm Bureau Federation. For Soil and Water Conservation District Supervisor: Orrin H. Pilkey, Jr., the Cassandra of the coastline.

Of These votes, the vote for Pilkey was Considered valid. The other three votes Were thrown away.

In throwing away in Original votes, the Board of Elections was not breaking the law. In fact, it was acting in full compliance With The law.

Before 1987, NC Voters at a general election Were pretty much free to write in anyone's name They chose, if for any reason They did not like the candidates Whose names on the ballot Were. Then the General Assembly passed a law providing That, to Qualify as a write-in candidate, you HAD to present to Un certain number of signatures to election Officials. The number of Petitions usually we varies from 100 to 500, Depending on the office (, Although fewer than 100 votes: sometimes are acceptable in sparsely-populated areas). The Petitions are due in late July or early August, Depending on how much time it Takes county election Officials to verify the Petitions (all signers Voters Have to be registered). Anyone Who lost a primary can not run for the same office as a write-in candidate. If Voters write in the names of unapproved candidates, in Original votes Shall not Be Counted. There are exceptions to the law: elections for larger, city / town council, and for non-partisan positions are not covered by the legislation (That's why my vote for Pilkey was Counted).

According To Rep. HM Michaux, a chief Opponent of the law passed in 1987 When it (and was made permanent in 1989), the law May Have Been a reaction to a write-in campaign waged in His Own Behalf in 1982.

Whether the General Assembly passed the law in response to Rep. Michaux or not, Michaux Fought it. Among other things, I Thinks it is "totally unconstitutional" to deny Voters the chance to write in any qualified candidate They choose, and That the exemption of local and non-partisan elections unconstitutional constitutes discrimination (this argument Might make the law unconstitutional under the NC Constitution, Which prohibits arbitrary ballot-access restrictions on candidates).

As an example of the Disparities Caused by the law, judicial election Consider in Robeson County in 1988. Julian Pierce was campaigning for the Democratic nomination, but was murdered on March 26. In the May 3 primary, Joe Britt, the remaining candidate, Who Was Opposed by many county Voters, was Elected by default, with no write-in option for Pierce's former supporters. Write-in votes HAD Been prohibited in primary elections before 1987, but even if esta HAD Been a general election, no one would Have Been reliable to step forward as a write-in candidate and seek the votes of Pierce's supporters, since the deadline for filing as a write-in candidate would Have expired by the time of Pierce's murder.

Two other elections in Robeson County ilustrar the discrepancies in the write-in law. In 1989, There Were two candidates on the ballot for Town Council of Proctorville, a community of 200 people acerca. There Were three vacancies on the council. A week before the election, way past the filing deadline for write-in candidates for other offices MOST, Neta Brewer DECIDED That She would run as a write-in. A building near her is Filled With tires, Which, she alleges, poses an environmental problem and constitutes a fire hazard. Brewer was Unable to do anything about the problem During her term on the Town Council (she is still active on the issue), and she left office in 1994. Reasons for health She got three or four write-in votes in the election of city 1995.

In 1991, in the Robeson County town of Maxton, Wilbert McLaurin made a last-minute decision to challenge the incumbent higher-through the write-in process. , Although, as I Explained to the Robesonian, he "Only had three days to campaign," I've won 248 votes to the incumbent 278's, Such an impresssive showing on short notice. Again, Had Been McLaurin Almost running for any other office (judge, for example), I would not have any met the deadline to Qualify as a write-in candidate.

Ralph Nader was one of the officially-certified write-in candidates for President. Dan Coleman of the Orange County Green Party's nominating petition filed Nader With The State Board of elections. Coleman Said it was "not too difficult" for the Greens and Their sympathizers to get the 500 votes needed Necessary in a statewide race like this one.

But, as a write-in candidate, Nader's name was not on the ballot or on any information provided to the Voters. For example, I HAD to go to the Durham Board of Elections in person to get a list of write-in candidates. This is why James Glover, lowest've Fought in court on Behalf of the Libertarian Party in order to loosen the ballot-access laws in North Carolina, does not want Libertarians running as write-in candidates. Running as a write-in candidate "costs too many votes." A place on the ballot, Accompanied by a party identification, Helps identification identify the candidate and where (s) he stands on issues, but "nothing triggers a blank spot" in a voter's memory (The Libertarians got on the ballot esta year).

In the best of Circumstances, a write-in candidate is a second-class citizen. North Carolina laws make him or her a third-class citizen. Just ask Deborah Reid of Durham, lowest ran an independent candidacy for Governor as part of a long-standing crusade on Behalf of court reform (Reid Thinks the system is rigged in behalf of Judges and lawyers, and does not act enough Strongly Against Alleged corruption in the judiciary). Reid HAD help from other people on her court-reform Efforts, but her campaign to Qualify as a write-in candidate was waged by her alone. In May and June, she solicited signatures in a post office, a grocery store, a drug store, and two shopping malls. She was kicked off the premises on some occasions, Which led her to be more "discreet" in her petition-gathering. Instead of Having her Petitions on a clipboard, she Would Have them inside a folder, and would ask for signatures from registered Voters passed by WHO. Waging a one-person ballot-access drive under Such Circumstances was a "close call," but Reid got acerca 950 Petitions, many of them probably from people discontented Who Were With The court system. The State Board of Elections certified acerca 750 of the Petitions.
New York State Third Party Candidates Listing

PLEASE NOTE THAT New York State has done away with the old lever type voting machines starting in 2009 and follow the instructions That are for the new machines. Supposedly, New York State Voters Were not supposed to be using the old machines at all in 2009, treats including school budget votes. However, since I Learned That many of the old machines Were still in use for the 2009 elections. Just in case esta happens again, I am leaving the old directions Which Will follow up in Original new directions. You May wish to familiarize yourself With Both sets of instructions just in case you encounter an old style lever voting machine at your polling place.

How Do I Do a Write-In Vote?

Every voter Should learn how to do a write-in vote. While not used very Often in comparison to regulate voting, voting it's a basic necessity. This year, make it a point to learn how to do one. Why this year? Because you do not need to, that's why, and THEREFORE, that's the best time to learn. One of These years, you just need to cast to May write-in ballot. That's not the time to learn. You want to go in with confidence, not trepidation.

The write-in vote is Often used in elections. You just do not see it Because The newspapers do not usually we give as much space to the results. You can vote for whomever you whos want When you write someone's name in. Certainly you do not need Their permission. And they'll never know-who did it since a write-in vote is just as secret as voting regulate the way. So, if you do not tell them, That person will never even know you did it. Some people even write in names of cartoon characters. As for myself, When I use it, I like to keep it professional. I pick an actual person who I think would do a good job and whos Who Could fill the position. (ie - WHO somebody living and reside in the area They would serve.)

Now That New York State has switched to the computerized card reader style of voting method, doing a write-in vote Could not be easier. Even though the State has Settled on using two different types of machines, the process is Fundamentally the same. As you sign in to vote, you will be handed a voting card That contains the various offices that you 'will be voting for. (You May be handed more than one card if the number of offices Being contested excede the space on the card.) You will take esta then a card over to a table has partitions on it That Which Helps to keep your choices secret. Upon looking at the card, you'll note That Being contested each office has the list of the Authorized candidates along with a circle next to each name. At the bottom of each list of candidates will be printed the word "Other" with a blank line next to it. Take the marking instrument provided and fill in the circle next to the word "Other". Then write in the name of the person that you 'wish to vote for. When you are finished, take the card up to the election inspector near the voting machine and give your card to him / her. They will run your card through the machine Which will record your vote. If there is a problem With The machine reading your card, They will give it back to you and, if needed, help you rectify the problem. As an example, if you voted for someone in one of the other races and changed your mind, you May Have not erased your choice thoroughly enough, in case the machine Which Might Think you're trying to vote for two candidates in the same race . It Should Also be NOTED That if you are Having any problems or Have any questions while doing a write-in vote or voting in general election the inspectors are there to help. All you need to do is ask. Also, do not worry about the machine being reliable to read your handwriting in reference to your write-in vote. All of the cards get reviewed back at the County Election Office Where the write-in vote is tabulated. Yes, I know there is some grumbling That some (maybe a lot) of county election offices are not going-through the cards and totaling the write-in votes. But I'm giving you directions on the way things are SUPPOSED to happen. If you want to press the issue with your home county election office, that's entirley up to you. In the end, doing a write-in vote is That Easy.

As With The old style lever voting machine, there is one thing Important to remember. And That Is That if you write in the name of a person Whose name already Appears at Least Once on the list for That race, you're write-in vote will not count for That Person. When it comes to Reviews having a person listed more than eleven on the list due to the endorsement of more than one party, the separate votes for a person running on two or more party lines will be added together to produce full one. Not so With The write-in votes. The logic of this is That if the voter did not vote for the person Already listed, then a voter That must be voting for somebody else just happens to WHO Have the same name.

That's all there is to the process. So, make your practice esta your first year and cast write-in vote.

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WRITE-IN VOTE INSTRUCTIONS FOR THE OLD STYLE LEVER VOTING MACHINES.

Every voter Should learn how to do a write-in vote. While not used very Often, it's a basic necessity voting. This year, make it a point to learn how to do one. Why this year? Because you do not need to, that's why, and THEREFORE, that's the best time to learn. One of These years, you just need to cast to May write-in ballot. That's not the time to learn. You want to go in with confidence, not trepidation.

The write-in vote is Often used in elections. You just do not see it Because The newspapers do not usually we give as much space to the results. You can vote for whomever you whos want When you write someone's name in. Certainly you do not need Their permission. And they'll never know-who did it since a write-in vote is just as secret as voting regulate the way. So, if you do not tell them, That person will never even know you did it. Some people even write in names of cartoon characters. As for myself, When I use it, I like to keep it professional. I pick an actual person who I think would do a good job and whos Who Could fill the position. (ie - WHO somebody living and reside in the area They would serve.)

Before you do a write-in vote in New York State, however it, you need to remember two things.

     Is That The first eleven slot you push the lever up, you can not change your mind and pull the lever across from a name as you would Normally. This is a safeguard to Prevent someone from voting twice: once as a write-in and again using the lever. This locking procedure only OCCURS For That column. You can still use the levers on the other columns.
     The second thing to remember is That if you write in the name of a person Whose name already Appears on one or more of the lines regularly, your write-in vote will not count for That Person. On the Regular voting lines, the separate votes for a person running on two or more party lines will be added together to produce full one. Not so With The write-in votes. The logic of this is That if the voter did not vote for the person using the lever, then a voter That must be voting for another person Who has the same name.

So how do you do one whos? In New York State, all mechanical voting machines pretty much the same layout unavailable. THEREFORE, in Original directions Should cover all of them. Make sure When you go into the

It's up to whoever counts the votes. Most states-including Alaska-don't Have hard-and-fast criteria for Determining Whether to Un certain spelling is acceptable. Instead, They use a model Wherein Subjective election must Officials Attempt to decipher Whom, Exactly, each voter Intended to elect. For example, California law states That the spelling must bear "a reasonable resemblance to the qualified candidate's name" (PDF) and That "no other write-in candidate ... has a name so similar to the name as written in as to leave reasonable Doubt as to the voter's intention. "(In Alaska, the elections Director Lisa M.'ve Said That would pass muster as a stand-in for Lisa Murkowski, but Lisa on Its Own That Might cause problems.) There's rarely in Original controversy over decisions, as write-in candidates aren 't usually we strong contenders to begin comfortable with.

There are exceptions. A 2002 mayoral election in Mount Airy, Md., Ended up in court When 259 votes for write-in candidate James S. Holt Were disqualified. The ballots did not Contain accepted variations on the spelling of His Name That HAD Been pre-decided by a board of supervisors and Agreed to by Holt. His supporters sued, Claiming They Were Told about the neither accepted nor Given variations guidance at the polling station. A county judge overturned the result, ordering That Holt be sworn in as greater.

Have Similar issues arisen in elections for national office. In 2006, a dermatologist named Shelley Sekula-Gibbs Became an official write-in candidate to fill the vacancy created by the resignation of House Majority Leader Tom DeLay. Most of the Voters in her Texas district Their ballots cast using an electronic machine called the Hart InterCivic eSlate, Which requires that you 'spell out a write-in candidate's name by using a dial to select from a full alphabet letters. The machines do not accept a hyphen, so Sekula-Gibbs removed the punctuation from her campaign materials. The eSlates Were programmed to correct Un certain expected misspellings of her name, but more esoteric variations HAD to be reviewed. A bipartisan panel Eventually meat up with a 28-page list of acceptable aliases, treats including Kelly Segula Gibbs, Snelly Gibbr, Schikulla Gibbs, Sheila Gibbs, Gibbs Schulla Shelly, Shelly Gibkula, ShelleySkulaGibbsssss, and SSG. Variations on "Sekula" included Sektula, Sequila, Sedoko, Sedoka, and Shecola. The phrase "Shelly DraculaCunt Gibs" was accepted by Officials Also Because The intent of the voter was Deemed obvious.

PERSONAL Respiratory confusion, some write-in candidates Incorporate the spelling of Their names into Their campaign. They Might hand out stickers for Voters to affix to the ballot slip, for example. In the buildup to His historic 1954 victory as a write-in candidate for the Senate, South Carolina's Strom Thurmond distributed pencils with signature Clearly His name etched on the side. Complications are more likely to Arise When there is more than one registered write-in candidate, like During The 2002 District of Columbia mayoral race. Write-in candidacies Were Both filed by Willie F. Wilson and Anthony Williams, Which the prompted Anthony Williams' campaign to distribute rubber stamps to Voters. (Stickers are not allowed on DC voting papers, but rubber stamps since 1984. Have Been accepted)

Got a question about today's news? Ask the Explainer.

Explainer thanksChristian Adams of the Election Law Center in Virginia, Nathaniel Persily of the Columbia Law School, and Dan Tokaji of the Election Law Center at the Ohio State University.

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