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"...the name of the candidate is misspelled, the wrong initials employed, or some other or slightly different name of like or similar pronunciation has been written instead of that of the candidate actually intended to be voted for..."










Don't Count on Voter Registration
5thEstate.com's legal department straightens them out!

October 23, 2007

Editor's note: There's nothing as important in our Republic than counting votes. Why don't the newspapers check with others instead of BLINDLY printing quotes from someone who is in direct contradiction to the law?

Does your vote count in Lancaster County? Don't bet on it! Last month on September 18, Intell reporter Dave Pidgeon got this quote from the chief clerk of the county Board of Elections regarding Gary Kirchner's bid for write-in Coroner:

"Mary Stehman, chief clerk of the county Board of Elections, said voters must spell Kirchner's last name correctly for a vote to count. Any variation of "G. Gary Kirchner" or "Dr. Kirchner" or just "Kirchner" would be acceptable, but if his last name is misspelled, the vote is void, Stehman said.

Wrong.

The Pennsylvania Supreme Court made case law in 1952 when it upheld the McCracken appeal which spelled out (pun intended) how Mary Stehman should view write-in votes:

... where the voter's intention is found it should not be defeated by the fact that the name of the candidate is misspelled, the wrong initials employed, or some other or slightly different name of like or similar pronunciation has been written instead of that of the candidate actually intended to be voted for.... A ballot may be counted which contains a candidate's surname only, although there are other persons in the county having the same surname, it being shown that there was no other person of such name who was a candidate for the same or any other office; and so also if only the middle name of the candidate is wrong, or if the first name is abbreviated, or if the wrong initials are used."

That means that ALL derivatives will count!

Kirchner
Circner
Chirner
Kirkner

etc...

Click here to read the entire Pennsylvania Supmreme Court Opinion

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