Tags: US | Alaska | Senate

Fate of Alaska Race Hinges on Write-in Count

Tuesday, 09 Nov 2010 04:51 PM

 

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JUNEAU, Alaska (AP) — Election workers will begin scrutinizing tens of thousands of ballots in the Alaska Senate race on Wednesday in a scene reminiscent of the 2000 Florida recount. There will be no hanging chads this time around — just lots of scribbled names.

The vote count could help determine whether Sen. Lisa Murkowski wins re-election as a write-in candidate — or whether the courts get the final say in what has been a fiercely contested race.

Murkowski waged an aggressive write-in campaign after losing the GOP primary to the Sarah Palin-backed candidate Joe Miller. While initial returns showed write-in ballots leading Miller by 13,439 votes, it's not clear how many of those were for Murkowski or the 159 other write-in candidates.

Miller has ceded nothing, calling Murkowski's pronouncement that she's "made history" premature.

The two sides have hired attorneys and started raising money for what could become a lengthy court battle, particularly if the vote count tightens. Murkowski's legal team includes Ben Ginsberg, who worked for George W. Bush and Dick Cheney during the 2000 Florida recount.

In that presidential election, it boiled down to ballots with hanging chads and confusion over what votes to count. There are no chads in Alaska's election process. To make a vote count, voters had to fill in an oval on the write-in section of the ballot, and then write a name.

That's where it gets complicated.

What happens if people misspell Murkowski? What if the handwriting isn't legible? What if a voter scribbles the name "Lisa M." instead of the full Murkowski?

Under state law, the write-in oval must be filled in and either a candidate's last name or the name as it appears on her candidacy declaration has to be written in. Miller's attorney, Thomas Van Flein, said he intends to hold the state to that standard.

But election officials made clear Monday that they will use discretion in determining voter intent where the written name "appears to be a variation or misspelling" of Murkowski or Lisa Murkowski. Van Flein called that practice unacceptable.

The process will play out like this: Beginning Wednesday in an obscure building on the outskirts of Juneau, there were will be 15 tables where 30 ballot counters will analyze more than 83,000 write-in ballots by hand. Each table will count an Alaska house district, and work through it one precinct at a time.

The campaigns will have one observer each at every table, and reporters will be allowed in the room to watch the count unfold. Alaska Division of Elections Director Gail Fenumiai will be on hand to settle disputes, in consultation with legal counsel for the state.

The ballots will be brought onsite by a security detail, and will remain at the counting site.

Neither Miller nor Murkowski plans to be on hand for the count. Miller was in Juneau on Tuesday to meet with his legal team, and then spending the rest of the week elsewhere in Alaska.

Murkowski returned to Washington for a legal defense fund fundraiser on Monday. She planned to spend time with family and return to work when the lame duck session of Congress convenes Monday.

Murkowski spent much of her campaign educating voters on the write-in process. "Fill it in, write it in," became her mantra and she handed out wristbands and even ran an ad riffing on a spelling bee aimed at instructing voters how to spell her name properly.

This is the first write-in campaign in a major race in Alaska since 1998, and election officials were still finalizing instructions for ballot counters Monday, leaving campaign officials grumbling.

Officials have at times made contradictory statements or changed things.

For example, the counting of write-in ballots was pushed up eight days from the initially announced date. The move was intended to avoid keeping citizens and candidates in the dark, said Lt. Gov. Craig Campbell, who oversees elections. Van Flein said it created logistical hurdles.

Campbell also reversed course and said a write-in vote for "Joe Miller" would count toward the GOP nominee's tally.

© Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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