Great question, Jerry.
I'd like to broaden this query for those with historical experience to address norms in the firs centuryf our elections. Before the Austarlian government-printed ballot became the norm in a quick change in the late 1800s/early 1900s, there was no government-printed ballot -- meaning that essentially everyone was a write-in, although people could bring printed ballots from private organizations (parties, etc).
Perhaps people had to declare candidaacies? I know that can be the situation today -- a write-in can only win in some jurisdictions if they've filed to be an official write-in candidate. In a related aside, here in my town of Takoma Park, we had a city council incumbent lose a few years ago who had no official opponent - and even no declared write-in candidacy. There was a very quiet write-in effort organized, and it succeeded, much to most everyone's surprise.
One more aside: a Murkowski-type candidacy won't be legal in California if Top Two is implemented in 2012 as written --- so even if two Republicans werre to emerge from the June preliminary as November finalists for a statewide office, for example, the only winner could be one of those two candidates.
Rob Richie, FairVote
On Wed, Nov 17, 2010 at 9:50 AM, Goldfeder, Jerry H.
<jgoldfeder@stroock.com> wrote:
It is probably true that there are not two Lisa Murkowski’s in Alaska, but if a write-in campaign was waged for a Joe Miller, for example, how would election personnel determine which Joe Miller should receive the vote? Or Al Green? Or Betty White? You get the idea.
If you have any experience with, or are aware of any statutes or articles on the subject of how to determine which write-in candidate gets the vote, please contact me off line. Thanks.
Jerry H. Goldfeder
Special Counsel
Stroock & Stroock & Lavan LLP
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New York, NY 10038
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www.stroock.com/goldfeder
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