In a message dated 11/21/2004 9:07:49 AM Pacific Standard Time,
Rick.Hasen@lls.edu writes:
We know in Florida, for example, that ballots where a
voter both punched (or bubbled) a vote for Gore and wrote in Gore were
not counted. Few argued that they should be.
Rick:
I should know better by now not to question your commentary, but
my recollection was that if votes had been "regularly" marked for Gore
and Gore's name had also been written in as a write-in candidate, those
votes were indeed counted as valid votes for Gore in most
jurisdictions, at least those in which a recount had been conducted. I
seem to remember that there was some case law out of Connecticut or
somewhere that ruled that these type of votes were not "overvotes" and
should therefore be counted consistent with the voters' intent. And I
would certainly beg to differ with the assertion that "[f]ew argued
that they should be [counted]."
Does anyone remember this more clearly than I do?
Fred Woocher