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How Do You Spell M-U-R-K-O-W-S-K-I? Part I: The Question of Assistance to the Voter


Chad Flanders


Saint Louis University - School of Law

December 1, 2010

Alaska Law Review, Vol 28, p. 1, 2011
Saint Louis U. Legal Studies Research Paper No. 2011-18

Abstract:     
The 2010 race for the Alaska Senate now seems to be over. After losing in the Republican Party Primary to Tea Party-backed candidate Joe Miller, Senator Lisa Murkowski staged a write-in candidacy and, bucking both U.S. and Alaska history, won the general election. Although much attention has been paid to Miller’s post-election challenges to Murkowski write-in ballots, a major election law question was at issue prior to the election: to what extent can poll workers assist voters who need help in voting for a write-in candidate?

After Murkowski declared her write-in candidacy, the Alaska Division of Elections distributed a list of eligible write-in candidates to polling places, in case voters had questions about how to properly spell the name of a write-in candidate. Both parties, sensing this would benefit Murkowski, cried foul, and challenged the new policy in Alaska state court as a violation of the Division’s own regulations prohibiting the distribution of “information” about write-in candidates at polling places.

This essay examines four issues regarding voter assistance in the Murkowski litigation: (1) how to interpret statutes and regulations regarding voter assistance; (2) what kind of assistance is permissible and what kind is not; (3) whether the state can legitimately handicap the ability of voters to write-in the name of a candidate; and (4) how decisions on assistance to voters before the election might affect a court’s disposition on cases that arise after the election.

Number of Pages in PDF File: 29

Keywords: Election Law, Alaska

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Date posted: December 2, 2010 ; Last revised: January 26, 2012

Suggested Citation

Flanders, Chad, How Do You Spell M-U-R-K-O-W-S-K-I? Part I: The Question of Assistance to the Voter (December 1, 2010). Alaska Law Review, Vol 28, p. 1, 2011; Saint Louis U. Legal Studies Research Paper No. 2011-18. Available at SSRN: http://ssrn.com/abstract=1718707

Contact Information

Chad Flanders (Contact Author)
Saint Louis University - School of Law ( email )
100 N. Tucker Blvd.
St. Louis, MO 63108
United States

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