On October 25, the Alaska Democratic and Republican Parties jointly sued the Alaska Elections Division for its policy of saying voters at the polls may see a list of the Declared write-in candidates. See this story. Thanks to Gene Berkman for the link.
The article of course doesn’t mention that these rules were put in place by loyal party members of the Democrats and Republicans (but mostly Republicans considering the tilt of the state) specifically in order to make it more-difficult for third-party candidates, independent candidates, and upstart losing-primary candidates to be able to spoil an election.
But now that there’s an *incumbent* Republican being forced to deal with this ridiculousness, the shoe’s on the other foot; particularly since it’s members of the established/Murkowski wing of the party that volunteers to work the voting centers, not the insurgent/Palin/crazy/Miller wing.
In CT if you bring a piece of paper that has the write in names you intend to vote for they tell you you cannot have that. If your name is Jarjura you can hand out pencils that have your name on them though.
14th Amdt, Sec. 2 is still around — at least for male voters.
right to vote — denied, abridged >>> State can lose U.S.A. Rep seats and electoral college seats.
BUT no good in AK – due to having the Min. 1 Rep. seat.
How absurd, outrageous and contemptible can American politics get? You ain’t seem nothin’ yet.
It is amazing at how low the two major parties will go to undermine the democratic process and to exclude all alternative choices.
Under Texas law, there is a requirement that names of write-in candidates be posted in each polling booth. There is also a requirement that by-mail voters have, to the extent practical, have the same voting experience as in-person voters, which could require including a list write-in candidates along with the ballot and instructions sent to the mail voter.
OTOH, Texas also requires write-in candidates for most offices to pay a fee or file a petition. And the filing deadline is 2 months before the election.
So while the Alaska officials claim that the posting of the names is the practice in other States, at least in Texas it is a matter of State law. Alaska has a specific law against displaying write-in candidate names within 200 feet of the polls. If local Alaska election officials have adopted this practice on an ad hoc basis for this particular election, then it certainly gives an impression of non-neutrality or electioneering.
Was this practice pre-cleared by the DOJ under Section 5 of the VRA?
Never a surprise when the Democrat and Republican Parties work together against the voting public. However, they may actually have the law on their side.
Here’s the Alaska Administrative Code in question:
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6 AAC 25.070. Write-in candidates; use of stickers
(a) Stickers may not be used on a ballot.
(b) 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, on election day.
(c) A voter who chooses to write in the name of a candidate may do so in the space provided on the ballot. In order for the write-in vote to be counted, the voter must also fill in the oval next to the name of the candidate.
(d) Instructions for indicating a write-in choice will be posted in each polling place. If the instructions are not understood, the voter may ask an election official for assistance.
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Part (b) is what the election officials apparently violated when they provided a list of write-in candidates to a voter in Homer. I don’t know the entire code, but as far as I know there is no exception for part (b) regarding the conduct of election officials.
The law should probably be changed – it would be nice to have a list of all candidates (write-in and ballot-qualified) posted at each polling place (if I remember correctly they were posted in Maryland when I lived there). But whatever the law is right now is what the election officials should follow.
FYI Dale, the above election code was effective in 1982, and modified in 1996, 1998, and 2004. I have no idea whether Dems or Repubs wrote the regulations, although it probably was Repubs (or both).
Jim – no idea about compliance with the VRA.
Still looking for that Model Election Law — to handle ALL election possibilities.
That is what election laws are ALL about — in rational regimes — sadly lacking in many MORON States.