“After careful examination of how much a mess they made of this simple, first-grader level ballot, we have no choice but to assume this was a clear vote for the Republican.”
Yeah that ballot is all sorts of failure.
I lean towards it being a vote for the Republican but only based on them voting party line on the rest of the ballot. I think asking for someone to be able to follow instructions most third graders can follow isn’t a high bar. I’d say toss it based on that reason. Maybe next time that person, who is likely sitting somewhere going “Oh shit that’s mine,” will follow directions or ask for a new ballot after they shit all over the one they have.
You can almost see the thought process though. They mark “X” first, then go “oops” and fill it in.
They’re marking all the ® candidates, but make a mistake and fill in the (D) candidate on the top of the second column, scratch it out and then keep going down the list. I’d give that to the ® candidate, tbh.
If there was no X on the other choice, I’d judge it as an R vote, but it’s really pushing it with two different choices having been crossed out but only one having been changed. That seems too much into the grey area to me where you have to just not count it either way.
Instead of trying to read minds, why not just disqualify it?
If you make a mistake on a ballot, you go up and get a new one. You don’t try to cross it out.
It’s not hard to recognize this guy’s intent.
We should not be trying to read minds. If the ballot isn’t filled out correctly, it should be tossed.
I agree, but if it should count, then by rule it should count for the Democrat. Presumably the judges were appointed by Republicans.
Only if you assume that people tend to vote along party lines. But I don’t think that’s a fair assumption to make, especially for a voting official.
And I think there is another plausible explanation. Suppose this is someone who actually does normally vote Republican, and filled out the all the R’s, but then suddenly remembered something about Yancey. Maybe the guy was rude to him at a party, or ran over his dog, or left him a bad tip. So he changes his mind and crosses parties to spite him, then emphasizes who he really wants to win with extra marks.
Occam’s razor
Except that if this was a standardized test that any school child handed in it would be invalid. Ballot counters are not philosophers or telepaths.
Hardly what we should be basing a voting system on.
Yeah, while I think intent for the R vote is logical, I also think that this is probably a spoiled ballot, because voting should be unambiguous.
The “any” in that sentence is doing a lot of heavy lifting.
I often make checkmarks on papers. Sometimes I make X’s. Sometimes the checkmarks look like lines. Sometimes the checkmarks are lines. This is not a problem, because they are clearly not X’s. I’m also not sure if the “classroom” metaphor works here. Most classrooms aren’t governed by education laws that explicitly state that filling in two bubbles but giving one extra emphasis is a valid way for students to respond.
Also, is this really being pitched as the “Occam’s Razor” simplest path:
That doesn’t feel like a close shave.
I’d say it’s likely they meant to vote R… but the X through the Governor vote makes it a lot less clear, and we shouldn’t be trying to discern a voter’s intent when it isn’t clear (or at all, really). That way leads a lot of… “creative” election results.
The judges — all of whom were elected by a Republican- controlled legislature — agreed.
No WAY!
From the same article:
If there is a lot-drawing in the 94th District race, the loser could seek a second recount.
Does that mean Yancey can ask for a 2nd recount if a court rules against counting the disputed ballot?
We’re way off the map right now as it is, but I think–vague as that law is–if a judge eventually dis-allows that ballot, then technically there’s no lot drawn, and that’s that for the incumbent. If a judge lets the ballot stand (which I think is the most likely outcome) then I think either candidate who loses can request another recount.
Did they count the vote for Gillespie on that ballot?
Yes, by all accounts.