A few days ago, we learned about a flyer listing Lisa Murkowski as the write-in candidate for Senator in Alaska being posted in voting booths in the state's early voting. That was attributed to a polling clerk who was confused about the rules. If you were skeptical about that explanation, good for you.
Alaska Democrats are threatening to sue the state, alleging election officials are trying to influence the outcome of the U.S. Senate race by illegally providing voters a list of write-in candidates.
Attorney Joe McKinnon says Democrats will consider their options, including seeking a restraining order, if the state doesn't end the practice.
Early voting has begun; election day is Nov. 2. This week state officials removed a write-in list from a voting booth in Homer after a complaint and segregated write-in votes there. But the director of the state Division of Elections says official write-in lists have been sent to polling places and that officials see providing the list -- to those who ask for it -- as meeting their obligation to provide voter assistance.
Democrats charge that the activity goes beyond that -- and violates the law.
McKinnon said state law is "clear and unambiguous" that election workers can provide instructions on how to cast a write-in-ballot but they cannot provide any information about a write-in candidate at the polling place or within 200 feet of any entrance to a polling place.
In other words, poll workers can absolutely help voters understand how to complete and cast a write-in ballot but can absolutely not tell them who to write in. In the letter [pdf] McKinnon quotes the Division of Elections’ own procedural handbook:
“The election board must not discuss write-in candidates with voters. If a voter asks how to vote for a write-in, refer the voter to the instructions on the poster in the voting booth or on the sample ballot.” State of Alaska Division of Elections Polling Place Election Procedures, Optical Scan Precincts, Rev. 7/30/09, p. 17. The Division’s own instructions require that a voter needing assistance be referred to the write-in poster and not any other materials. Indeed, your statute provides that “During the hours that the polls are open, an election board member may not discuss any political party, candidate, or issue while on duty.” AS 15.15.160.
The distinction suggested in your letter between electioneering and providing informative materials does not apply. Providing the voter with a list of write-in candidates falls clearly within the blanket prohibition embodied in 6 AAC 25.070(b). That prohibition is unambiguous: “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.” Your reliance on 6AAC 25.070(d) is also misplaced. It only authorizes assistance to the voter in understanding how to cast a write-in vote, it does not allow the Division to offer suggestions to on who to vote for.
It would seem that the Division of Elections is stretching the definition of how they can help, by actually handing out pieces of paper with Murkowski's name listed. The state Dems describe one case.
Rob Sterling went today to the Chugiak Senior Center to cast his early vote. After showing his ID, getting his ballot, and going to his voting area, he asked an election worker, “How do you do a write-in?” The election worker took Sterling’s ballot, re-oriented it, pointed to the U.S. Senate write-in space, and said:
“Since it’s only you and me in here, what you do is fill in this oval here and write Lisa Murkowski’s name here.”
Then the election worker called over another election worker who provided Sterling with a sheet of paper with Lisa Murkowski’s name. Sterling, who is training to be a poll watcher, said, “I thought you weren’t allowed to do this.” To which both election workers replied, “We were told we could.”
Any Alaskans out there voting early need to report any incidents like this to the Democratic party, or even the Republicans, though they're likely not to care as much, since there are plenty of Murkowski supporters in the party hierarchy. But the Dems are also going to need poll watchers to help look out for this, so any Alaskans who have the time to spare should definitely sign up to help poll watch.
The rest of us can pitch in $5 or $10 to McAdams campaign.