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Blank bubbles don't count in mayoral race, judge rules [San Diego: Intent of Voter vs. the Law]
San Diego Union Tribune ^ | 11.23.2004 | Greg Moran

Posted on 11/23/2004 1:16:29 PM PST by SolidSupplySide

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To: TommyDale
Tell me first what you think should be done here:

She said the registrar has been correcting and counting ballots with so-called over-votes in a procedure known as "remaking." Those are ballots where the bubble next to Murphy's name was shaded in, and a voter also wrote-in the mayor's name below, she said.

The registrar, discerning the voter clearly intended to vote for Murphy, is correcting those ballots by whiting-out the write-in vote, she said, which is allowed under the Elections Code.

21 posted on 11/23/2004 1:39:49 PM PST by AntiGuv (™)
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To: SolidSupplySide
Not surprised that the League of Women Voters thought the rules ought not count.

They are a biased organization.

22 posted on 11/23/2004 1:40:51 PM PST by OldFriend (PRAY FOR MAJ. TAMMY DUCKWORTH)
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To: konaice
As a teacher at one time I can attest to this happening a lot. Say the ballot (or test) calls for the voter to fill in the bubble with black ink. Do you count it if:


23 posted on 11/23/2004 1:41:33 PM PST by FreedomCalls (It's the "Statue of Liberty," not the "Statue of Security.")
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To: SolidSupplySide
Here is another thread (and probably the best one) on the 2002 Maine election:

DEMOCRATS REFUSE TO COUNT ALL THE VOTES

24 posted on 11/23/2004 1:41:48 PM PST by SolidSupplySide
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To: AntiGuv

The bubble next to Murphy's name was filled in, so that counts as a vote for Murphy. If the bubble next to the blank space was filled in, and the write-in was still for Murphy, it should be a vote for Murphy. However, if no bubble was filled in, then no vote should count, as the law requires a bubble to be filled in -- regardless of wherher it was Frye or Murphy written in. That isn't so difficult.


25 posted on 11/23/2004 1:52:04 PM PST by TommyDale
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To: Mrs.Liberty

Why was this fraud, Ms. Frye, even on the runoff ballot. She was a pig in a poke candidate, she did not even run in a primary. She tried to steal an election 2 times.
Ought to be in jail.


26 posted on 11/23/2004 1:52:19 PM PST by iopscusa (El Vaquero)
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To: SolidSupplySide
I saw this on the news last night, and not only does state law require that the "bubble" be filled in, but the city charter does not allow write-in candidates in a general election.

This was a ridiculous and frivoulous lawsuit that never should have gotten to court.

27 posted on 11/23/2004 1:58:45 PM PST by WuzaDem (Are You Conservative? http://areyouconservative.typepad.com)
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To: TommyDale

What if the bubble is filled in next to Murphy's name, and the bubble is also filled in for a write-in vote, and his name is also written in. That's the situation there.


28 posted on 11/23/2004 1:59:36 PM PST by AntiGuv (™)
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To: WuzaDem

If the city charter doesn't allow write-ins then why is this even an issue? Why is there a write-in candidate at all?


29 posted on 11/23/2004 2:00:45 PM PST by AntiGuv (™)
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To: K4Harty; All

Frye is an Independent


Frye is a Democrat Left Wing Hippie


30 posted on 11/23/2004 2:01:47 PM PST by SoCalPol (Hey Chirac, Call Germany Next Time. They Know The Way To Paris)
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To: AntiGuv

Then that ballot is discarded as "no vote".


31 posted on 11/23/2004 2:06:43 PM PST by TommyDale
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To: AntiGuv
Sorry, I misread that last one. If Murphy's name has the bubble next to it filled in, and the blank space is also filled in, and Murphy's name is written in, it would count as one vote for Murphy.

If the filled in name was anyone other than Murphy, it would be a "no vote".

32 posted on 11/23/2004 2:08:20 PM PST by TommyDale
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To: SoCalPol
"Frye is a Democrat Left Wing Hippie"

That was my thought, after seeing her on TV. She appears stuck in the same time warp as University of North Carolina at Chapel Hill.

33 posted on 11/23/2004 2:09:37 PM PST by TommyDale
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To: TommyDale

I see. Well, I don't see much difference between the two, except that one set of voters are permitted to not fill out their ballot according to the law and another set is not.

Rather arbitrary. The law is stupid and should be changed. If the vote is obvious it should be counted (and that doesn't include pregnant/dimpled chads, I might add..)


34 posted on 11/23/2004 2:12:59 PM PST by AntiGuv (™)
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To: AntiGuv
Who gets to decide, you or me?

It seems that you can read, so it shouldn't matter either way.

Allow me to retort:

It seems to me that the Florida Supreme Court tried to let someone other than the 2 of us decide which votes were, to use your term, patently obvious.

Don't like the rules, rewrite the law.

Until then, according to the SCOTUS, it'll have to be whatever the law says at the time the votes were cast.

35 posted on 11/23/2004 2:44:00 PM PST by tx_eggman ("All I need to know about Islam I learned on 09/11/01" - Crawdad)
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To: AntiGuv
"If the city charter doesn't allow write-ins then why is this even an issue? Why is there a write-in candidate at all?"

I have no idea, but it was clearly stated that one of the reasons that there should not be any recount of the write-in votes was that the San Diego city charter does not allow write-ins in a general election.

If you ask me this is just another symtom of the madness of the left insisting that "every vote be counted" no matter whether people fill out applications or ballots correctly, vote in the correct location, or even fill out ballots properly.

36 posted on 11/23/2004 4:06:20 PM PST by WuzaDem (Are You Conservative? http://areyouconservative.typepad.com)
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To: AntiGuv

I disagree with you. People MUST take some responsibility. Who the hell ever told them that they could do whatever they damn well please, not follow the rules, and somebody else will cover their butts for them? It's just damn laziness & ignorance.


37 posted on 11/23/2004 4:08:07 PM PST by torqemada ("Nobody expects the Spanish Inquisition!")
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To: tx_eggman

You could tell me that you would come to a different conclusion than me about who the voter intended to vote for after you read the name they wrote on the write-in line, and I would simply think you were lying. I would think the same about anyone else who said likewise, with a slim chance that they might instead be illiterate or stupid.

Let's just leave it at that.


38 posted on 11/23/2004 4:16:40 PM PST by AntiGuv (™)
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To: WuzaDem

If write-ins aren't permitted at all then none of them should be counted and that should be the end of that. That is not a ridiculous bubble technicality such as others are attempting to defend. That is a serious irregularity.


39 posted on 11/23/2004 4:18:09 PM PST by AntiGuv (™)
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To: torqemada

If the rule exists the rule is stupid and should be changed. Get rid of the damn bubble if you have to. LOL


40 posted on 11/23/2004 4:19:29 PM PST by AntiGuv (™)
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