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Alaska Supreme Court issues stay on write-in list ban(Sen. Murkowski)
ktuu ^ | 5:40 p.m. AKDT, October 27, 2010 | News Staff

Posted on 10/27/2010 9:37:36 PM PDT by Red Steel

ANCHORAGE, Alaska —

The Alaska Supreme Court has stayed a Superior Court injunction that bars the Alaska Division of Elections from providing lists of write-in candidates to voters at polling places, after an appeal by the state and Sen. Lisa Murkowski’s write-in campaign.

The stay allows the division to continue providing the lists to early voters, but requires that only names and not party affiliations be listed. It also states that ballots cast prior to the injunction remain valid, but should be tallied separately.

“In the interim period prior to this court’s ruling on the underlying Petition for Review, all ballots cast by voters provided with the list of registered write-in candidates shall be marked or otherwise segregated,” the court wrote.

The stay requires the Division of Elections to inform the court of any reason why ballots can’t be segregated by 3 p.m. Thursday.

Chief Justice Walter Carpeneti did not participate in the decision.


TOPICS: Breaking News; Crime/Corruption; Politics/Elections; US: Alaska
KEYWORDS: lisamurkowski; miller; murkowski
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1 posted on 10/27/2010 9:37:39 PM PDT by Red Steel
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To: Red Steel
The earlier article:


Alaska judge blocks distribution of write-in names (Murkowski Setback ) Washington Post ^ | Wednesday, October 27, 2010; 1:40 PM | DAN JOLING

2 posted on 10/27/2010 9:38:13 PM PDT by Red Steel
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To: Minus_The_Bear

Ping.


3 posted on 10/27/2010 9:38:56 PM PDT by Red Steel
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To: Red Steel

It isn’t complicated. If you provide a separate list of write in candidates you are providing an alternate ballot.

Can’t the scum ever play it straight, just once?


4 posted on 10/27/2010 9:42:02 PM PDT by IrishCatholic (No local Communist or Socialist Party Chapter? Join the Democrats, it's the same thing!)
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To: IrishCatholic
Can’t the scum ever play it straight, just once?

No.

5 posted on 10/27/2010 9:44:18 PM PDT by Michael.SF. (Current count of friends/family who have abandoned Obama: 11)
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To: Red Steel

All kinds of shenanigans!!


6 posted on 10/27/2010 9:44:27 PM PDT by Saundra Duffy (For victory & freedom!!!)
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To: Red Steel
Can't you write in anyone, or not in Alaska? If you can write in anyone, don't you need a list of all Alaskans eligible to be elected Senator?
7 posted on 10/27/2010 9:47:10 PM PDT by MacMattico
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To: Red Steel

Providing a list of write in candidates? This makes absolutely no sense.


8 posted on 10/27/2010 9:48:40 PM PDT by teg_76
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To: teg_76

She is putting herself back on the ballot.


9 posted on 10/27/2010 9:50:39 PM PDT by Minus_The_Bear
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To: Minus_The_Bear

This is amazing.

A write-in candidate that is now on a separate ballot with her name on the ballot?

Insanity rules the day.


10 posted on 10/27/2010 9:55:27 PM PDT by CSI007
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To: Red Steel

Sounds like this list of write-in candidates is being provided even to voters who don’t request it. They are modifying the official ballot, or issuing an amended ballot for all practical purposes.


11 posted on 10/27/2010 9:55:31 PM PDT by Will88
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To: Red Steel

Why can’t they have the standard two-way race? what happens if all three get 33.3%? Will Senator Stuart Smalley come to the rescue?


12 posted on 10/27/2010 9:56:19 PM PDT by JohnThune2012 (was)
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To: Minus_The_Bear

I’m confused, are the state election workers handing out names inside the polling place? Or is it Murkowski supporters outside the polling place?


13 posted on 10/27/2010 9:58:29 PM PDT by teg_76
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To: Red Steel

Damned Murkowski. R or D, an elitist member of the ruling class feels entitled to the seat, regardless of election law.


14 posted on 10/27/2010 10:00:15 PM PDT by bigbob
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To: Red Steel
Many Alaskans are addicted to federal pork and Murkowski promises to slap it on thick if elected.
Unfortunately,entitlement junkies are dumber than a possum with a lobotomy.
Without the lists they couldn't SPELL Murkowski and they must write in the treacherous RINO’s name EXACTLY or the ballot is tossed.
15 posted on 10/27/2010 10:01:15 PM PDT by Happy Rain ("So this is how a black man leads the greatest nation in world history.")
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To: teg_76

Joy Bahar should address this candidate.


16 posted on 10/27/2010 10:03:07 PM PDT by lonestar
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To: Red Steel

If there is to be a write-in list, it should be a list of all 350,000 or so Alaskans over the age of 30.


17 posted on 10/27/2010 10:10:56 PM PDT by B Knotts (Just another Tenther)
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To: Red Steel

It’s amazing how much money Sen. Murkowski has to wage write in campaign of this scale. She seems to have axcess to as much money as she has little honor.


18 posted on 10/27/2010 10:25:49 PM PDT by Monorprise
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To: Happy Rain
My understanding of a previous ruling is that the write-in need not spell "Lisa Murkowski" exactly correct. They just have to make it clear enough for the election judge to identify it as a vote for Murkowski. They could put "Lisa M." or "Mezversky" or whatever they think is correct so long as the election judge believes he/she understands the voter's intent.

IMO, the whole debate is one whether to *remind* voters of Murkowski as they are stepping into the voting booth as opposed to forcing the voter to remember this on their own.

In Texas, I have seen lists of write-in candidates who qualified as such by turning in petitions with enough names to be write-ins yet not enough names to be included on the official ballot. This is normally the province of fringe candidates who tend to get only a minimal number of votes.

19 posted on 10/27/2010 10:49:23 PM PDT by OrangeHoof (Washington, we Texans want a divorce!)
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To: Minus_The_Bear
She is putting herself back on the ballot.

Very astute observation. I think you have it correct with that one.

20 posted on 10/27/2010 10:53:45 PM PDT by gunsequalfreedom (Conservative is not a label of convenience.)
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To: B Knotts
If there is to be a write-in list, it should be a list of all 350,000 or so Alaskans over the age of 30.

Did 350,000 Alaskans file a letter of intent with the Alaska Elections Division at least five days prior to election day?

21 posted on 10/27/2010 10:57:38 PM PDT by speciallybland
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To: speciallybland

FU


22 posted on 10/27/2010 11:00:10 PM PDT by american_ranger
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To: speciallybland

Does that matter? Why should one candidate be able to hand out literature to voters as they go into a voting booth?


23 posted on 10/27/2010 11:08:52 PM PDT by Carling (Remember November)
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To: Red Steel

That Murkowski has no honor surprises me not at all. She is a liberal after all...


24 posted on 10/27/2010 11:14:07 PM PDT by TheThinker (Communists: taking over the world one kooky doomsday scenario at a time.)
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To: IrishCatholic

The list is not counted as a ballot.

I’m not defending this BS, but let’s keep it accurate.


25 posted on 10/28/2010 12:24:23 AM PDT by chilltherats (First, kill all the lawyers (now that they ARE the tyrants).......)
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To: Red Steel

This is beyond senseless, it’s pure evil. What a total sham. How on earth can one ever honestly say there is a list of “write-in” candidates? What, is there a “write-in” party? Did they participate in the primary election? Can’t I write in Fred the panhandler? Why isn’t he on the “write-in” list? Who decides which names to post on that list?

The AK Supreme Court got this 100% wrong, plain and simple. In the annals of Supreme Court rulings, this one is as bad as the SCOTUS’ ruling in the Kelo case.


26 posted on 10/28/2010 12:31:30 AM PDT by kittycatonline.com
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To: speciallybland
Did 350,000 Alaskans file a letter of intent with the Alaska Elections Division at least five days prior to election day?

Does that matter? If such a policy for getting listed at polling locations as a write-in existed prior to the election, you might have something there. However, there is no such policy, and this wrongheaded decision by the AK Supreme Court was manufactured out of thin air.

27 posted on 10/28/2010 12:36:14 AM PDT by kittycatonline.com
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To: teg_76
Providing a list of write in candidates? This makes absolutely no sense.

Murkowski wants this so people SPELL her name correctly. If it's misspelled, the vote doesn't count. Welcome to 1984.

28 posted on 10/28/2010 12:42:38 AM PDT by library user
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To: gunsequalfreedom

I don’t think the poster is correct. If they hand these lists out and the voter still doesn’t spell Murmooski’s name right, there may eventually be a ruling that it doesn’t count if misspelled.

If Alaska has a law that allows registration of write-in candidates, and Joe Blow goes to the polls with no intent to vote for Murmooski, what is the big deal? And if Joe Blow goes to the polls with the intention to vote for Murmooski, they’re going to count it for Murmooski whether Joe Blow spells it exactly correct anyway, short of a court ruling otherwise.

The problem, as I see it, arises with the really stupid voter who wants to vote for someone other than Murmooski but thinks the hand-out list is something he’s supposed to write in to complete the ballot, and then checks another candidate’s name as well - the one he actually wants to vote for. It seems much more likely that a dumbass rat druggie or welfare type would do that than a conservative, so the rat candidate is the one most likely to suffer as I see it because if you vote for two, neither counts.


29 posted on 10/28/2010 12:44:13 AM PDT by chilltherats (First, kill all the lawyers (now that they ARE the tyrants).......)
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To: Carling

According to the article, it’s the state elections board with the authority to hand out the list, not the campaign.

If that is not correct, I’m sure someone will let me know. :)


30 posted on 10/28/2010 12:52:20 AM PDT by chilltherats (First, kill all the lawyers (now that they ARE the tyrants).......)
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To: kittycatonline.com
I watched the debate tonight. Miller looked quick, sharp, and continued to hammer home the feds are going broke. That Alaskan can't continue to depend on the pork; has to develop it's own resources for the future against the fed govt's wishes. He came across quite good. When they asked all three candidates if Sarah Palin was qualified to be Pres, The no name dem candidate said he didn't support her platform, Lisa growled that she wouldn't vote for her, and Joe Miller said of course Palin is qualified; look what we have in there now he said referring to Obama. It was a good one that most Alaskans would agree with.

The dem candidate tried defining the race between Miller and himself; kept attacking Lisa's back & forth record. Murkowski looked weak at moments in her responses. I think the dem candidate will hurt Lisa's chances.

Miller didn't come off as being extreme either.

I asked the wifey an NEA member (who came from a long line of dems, but has been registered Repub for over 20 years) what she thought of the debate. She agreed that Lisa looked unsure & weak at times. That Miller come across knowing of what he spoke, and straight up guy; covered his problems at the Fairbanks Borough and that the dem guy really went after Murkowski more than MIller.

Me thinks Miller will do well on Tuesday.

31 posted on 10/28/2010 1:00:31 AM PDT by Eska
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To: IrishCatholic
So the ruling is a good ruling, and is a plus for Joe Miller...

Maybe it is the influence of Sarah Palin on that state that they have a decent court system...

32 posted on 10/28/2010 1:52:22 AM PDT by topher (For handmade rosaries -- http://www.louisiana.edu/~cmh5722/rosaries4u)
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To: JohnThune2012
Why can’t they have the standard two-way race?

What the heck is that? There is no such thing. Talk about suppressing the vote!

33 posted on 10/28/2010 3:43:34 AM PDT by raybbr (Someone who invades another country is NOT an immigrant - illegal or otherwise.)
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To: Red Steel

I voted the other day and there were people handing out lists of recommended candidates for their party. Is this any different and how? I’m in NC and the only way I can see a difference is possibly state law differs.


34 posted on 10/28/2010 4:06:36 AM PDT by saganite (What happens to taglines? Is there a termination date?)
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To: library user
Murkowski wants this so people SPELL her name correctly. If it's misspelled, the vote doesn't count. Welcome to 1984.

If only it was misspelled on the list...

35 posted on 10/28/2010 4:13:26 AM PDT by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing.)
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To: B Knotts
I was told that you can only write in the name of a REGISTERED ‘write in’ candidate or your ballot is void and wont be counted. That was in Michigan. I don't know if its the same in every state.
36 posted on 10/28/2010 4:40:16 AM PDT by Beagle8U (Free Republic -- One stop shopping ....... It's the Conservative Super WalMart for news .)
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To: Red Steel
This "clinging to the banister" look must be considered chic amongst the Alaska kleptocracy, but it sure looks tacky from here.

Mr. niteowl77

37 posted on 10/28/2010 4:49:05 AM PDT by niteowl77 (I don't mind them stewing in their own juices, but I object to them stewing me in their own juices.)
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To: Red Steel

I would think that would be considered “electioneering”.

We do not allow ANY button, t shirts, brochures, matches, newspaper articles, list of candidates (Anything that has a candidate’s name or party affiliation within fifty feet of the the polls) in IN for the same reason.


38 posted on 10/28/2010 5:02:04 AM PDT by hoosiermama (ONLY DEAD FISH GO WITH THE FLOW.......I am swimming with Sarahcudah! Sarah has read the tealeaves.)
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To: OrangeHoof

We just covered this at Poll school this week. In IN there is an accepted list of names issued to the precinct by the SoS. The person must first fill then name in and THEN VOTE for that person. It is a two step procedure...Name and connect the line or fill in the dot.

If you don’t do the second step you have not voted...period.


39 posted on 10/28/2010 5:06:05 AM PDT by hoosiermama (ONLY DEAD FISH GO WITH THE FLOW.......I am swimming with Sarahcudah! Sarah has read the tealeaves.)
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To: teg_76
Providing a list of write in candidates? This makes absolutely no sense.

No, it doesn't. But just look who is pushing it - Marxists in disguise.

It seems more like a blatant leading question in a court testimony.

40 posted on 10/28/2010 5:38:29 AM PDT by fwdude (Anita Bryant was right.)
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To: Red Steel

I suggest that we bombard the internet - facebook, blogs, LTE’s, etc. - with comments and statements containing a variety of spellings for Mercowsci. Do it differently every time.


41 posted on 10/28/2010 5:40:48 AM PDT by fwdude (Anita Bryant was right.)
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To: Saundra Duffy
All kinds of shenanigans!!

"There's definitely an 'M' at the beginning...I see a 'cow'..."


42 posted on 10/28/2010 5:41:17 AM PDT by COBOL2Java (Obama is the least qualified guy in whatever room he walks into.)
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To: Red Steel

Over 200 years of elections in this country...

...and we’re still making it up as we go along.


43 posted on 10/28/2010 5:48:22 AM PDT by Magnatron
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To: topher

I`m not a lawyer, but I do not see how this is good for Joe! You may have used Sarcasm that went over my head.

Seems like a terrible ruling to me! I have no idea who appointed these judges, but it seems clear to allow it at this time, they have a pretty good idea how they will eventually rule. When Joe wins they probably throw it out?

Sounds like they are in the tank for the tramp Lisa.

In future there should be a sore loser law that you only get one kick at the can.


44 posted on 10/28/2010 5:53:25 AM PDT by Friendofgeorge (Sarah 2012 or bust)
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To: CSI007

This is a battle by the GOP for its heart and soul. Murkowski represents to them, to guys like Rove, their ticket on the gravy train of compromise and accommodation with statism and liberalism, just so long as they get their fair share of the pork.


45 posted on 10/28/2010 6:15:08 AM PDT by AndyJackson
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To: Red Steel
Let me understand this. The original ruling by Superior Court Frank A. Pfiffner said "the division was in clear violation of an administrative regulation.

The regulation reads, "Information regarding a write-in candidate may not be discussed, exhibited, or provided at the polling place, or within 200 feet of any entrance to the polling place."

To me, it's a clear cut ruling so I ask what changed in the regulation to make this court rule otherwise? Or need I even ask and just follow the money.

46 posted on 10/28/2010 6:25:53 AM PDT by StarFan
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To: Red Steel
SOMEONE ought to immediately get their name changed toLISSA MURKOWSKI, and run around putting their name up as a write in. CHAOS!
47 posted on 10/28/2010 6:29:10 AM PDT by SoFloFreeper
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To: Friendofgeorge
You're right.

I thought they were banning the lists, not allowing them...

I guess I should have looked up what the legal term stay meant...

This is a bad ruling.

The only good thing is that they are keeping a separate list of the other ballots -- as they might be thrown out. I believe voters were given additional information for those ballots...

48 posted on 10/28/2010 6:33:39 AM PDT by topher (For handmade rosaries -- http://www.louisiana.edu/~cmh5722/rosaries4u)
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To: deport

Alaska Supreme Court Order

Three page pdf file of the order issued by the Ak Supreme Court.
49 posted on 10/28/2010 6:35:42 AM PDT by deport (TEXAS -- Early Voting ends Friday, Oct. 29......... Get out and vote and take someone with you)
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To: Happy Rain

Without the lists they couldn’t SPELL Murkowski and they must write in the treacherous RINO’s name EXACTLY or the ballot is tossed.

&&&&&

And I guess that many of these voters were highly amused at the criticism Sarah Palin got for having words written on her hand. How difficult is it to write down the correct spelling before going to the polls?

Handing out a list is electioneering, period.


50 posted on 10/28/2010 6:45:47 AM PDT by maica (Freeper 'rllngrk33' coined the acronym 'LAME' the other day...'Liberal Activist Media Establishment')
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