Actually, courts have recognized the intent of the voter to cast his ballot for a candidate should be honored, and based on these decisions, election officials have adopted guidelines for making that determination. Here are some summaries from cases involving the very types of issues that the FL hand count will present. Now I really need to go find some fair trade, organically-grown, union label coffee.
North Dakota:
"Candidate for county state's attorney filed petition for writ of certiorari in an election dispute after recount board determined that two disputed ballots were votes for opposing candidate. The Sixth Judicial Circuit Court, Stanley County, Max A. Gors, J., determined that one ballot could not be counted. Appeal was taken. The Supreme Court, Sabers, J., held that ballot on which two of four corners of chad had been broken and one side separated was vote for opposing candidate."
Ill:
"After primary election was held and State Board of Elections certified one candidate as Republican nominee for representative in General Assembly for particular district, losing candidate filed petition of election contest. The Circuit Court, Cook County, ordered recount and then determined which category of ballots were to be considered in recount, directed lottery to determine nominee after candidates were determined to be tied, and declared originally- announced winning candidate to be winner of primary election based on result of coin flip. Losing candidate appealed and winning candidate cross-appealed. The Supreme Court, Ward, J., held that partially punctured ballots from which paper chads indicating vote were not completely dislodged were subject to visual inspection and manual counting to extent that voters' intent could be determined with reasonable certainty."
CA:
"Action was brought contesting referendum election involving initiative measure which would authorize city to enter into agreement for development of certain city-owned property. The Superior Court, Los Angeles County, Philip M. Saeta, J., entered judgment concerning validity of various votes cast, which carried ballot measure, and appeal was taken. The Court of Appeal, Danielson, Acting P.J., held that: (1) absentee ballots marked with pen rather than punched were valid; (2) ballot punched "no" with transparent adhesive tape on reverse side holding "yes" chad in place was valid; (3) ballots punched "no" that also had other chads punched out were properly counted as "no" votes; (4) ballots not punched in voting squares could not be counted; (5) absentee ballot returned to city clerk's office by third party could not be counted; (6) ballot of man who moved from precinct in which he voted more than 29 days prior to election could not be voted; and (7) city clerk could refuse to count absentee ballot upon determining there was discrepancy between signature on ballot and voter's signature on affidavit of voter registration." |
