Excellent questions and ones deserving a serious answer.
Please note that my answers may only pertain to the Commonwealth of Virginia. Other states may or may not have different laws and regulations.
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Originally Posted by Penguin
My questions, mainly @ Platapus are:
1. Does the name of the write-in candidate has to be fully spelled or is just the common used first- and lastname sufficent? Could be funny with hispanic candidates if you have to spell out the whole names...
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2. What if someone has a popular name, how can the voter intention be sorted out? Or would there be a second ballot (or mudwrestling) between all candidates with the same name if a "Jane Smith" would win?
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Let me try to answer both of these questions at the same time.
"What's in a name? That which we call a rose
By any other name would smell as sweet." - Billy Shakespeare
You have asked one of the most disputed questions concerning Write-in votes. The Code of Virginia section 24.2-644 states
Subsection C (in part)
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C. At all elections except primary elections it shall be lawful for any voter to vote for any person other than the listed candidates for the office by writing or hand printing the person's name on the official ballot.
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Subsection D (in part)
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No write-in vote shall be counted unless the name is entered on the ballot in conformance with this section.
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No where is it defined what is or is not "the name", In Virginia, write-in votes are counted a minimum of two times by completely different groups of people. At no time is only one person allowed to count any vote (Stalin would not have liked Virginia).
In the first counting which is done at the precinct level, each variation of the spelling of the write-in vote is counted separately. Then the ballots are sent to the State Board of Election to be recounted.
Virginia Code section 24.2-644 subsection A (in entirety) states
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A. The qualified voter shall take the official paper ballot and enter the voting booth. After entering the voting booth, the qualified voter shall mark immediately preceding the name of each candidate for whom he wishes to vote a check (√) or a cross (X or +) or a line (-) in the square provided for such purpose, leaving unmarked the square preceding the name of each candidate for whom he does not wish to vote. Any ballot marked so that the intent of the voter is clear shall be counted.
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The $64 dollar question is: Does subsection A apply to subsections C and D? The answer in typical government legalese is: Yes, no and maybe.
During this second count there are representatives from all the political parties as well as representatives from the citizenry observing these counts. Any ballot can be challenged and then will be examined in accordance of the entire state law. Arguments ensue and this is why the counting of the votes can take months. And yes, jerks from all the parties sometimes attempt to stall the system by whining about challenges.
Sucks to be on the SBE.
Ever wonder why there is such a long time between election day and when the person takes office? This is one of the reasons.
Now, it should be noted that in Virginia, for the Office of the President and Vice President, there are limitations on who can be written in. No write in vote will be counted unless the person who was written has previously submitted a Certificate of Intent to the State Board of Elections.
That means that when you write Mickey Mouse as your write in vote for President, it is not counted at all.
Specifically addressing your second question of common names, fortunately, this has not come up in Virginia Elections as of yet.
I think it would only become an issue if "Jane Smith" received a plurality of the votes, which is unlikely. However, I do believe that the state should have a back up plan, just in case this ever does happen.
Did I obfuscate this answer sufficiently to confuse the issue?
