How does write-in voting work?

Submitted by Suanne Z. Thamm
Reporter – News Analyst
October 13, 2014 5:00 p.m.

It is not generally a situation that we see in Nassau County elections.  But this year Steve Kelley, Nassau County Commissioner for District 2, will face a write-in opponent in the November 4 General Election:  Eugene E. Alley.

So how would you cast a vote for a write-in candidate, if you were so inclined?  I recently posed some questions to Nassau County Supervisor of Elections Vicki Cannon to help voters understand how such voting will be conducted.

According to a 2012 opinion of the Florida Division of Elections in response to a question from the Duval County Supervisor of Elections,  “A supervisor of elections may not display the names of write-in candidates on sample ballots and should not post lists in polling rooms or early voting areas containing the names of write-in candidates.”  Once the local election supervisor has qualified someone as a write-in candidate, the supervisor must ensure that a space is on the ballot for a voter to write the name of that candidate and to execute the statutory responsibilities as a filing officer for that candidate’s campaign finance reports.

As far as the Division of Elections is concerned, “It is the sole responsibility of the write-in candidate to campaign and make his or her name known to the public so that the voter is aware of who the candidate is and how to vote for the candidate.”

What many people may not understand is that just because there is a space on the ballot to write in the name of a candidate, only votes for a candidate who has previously qualified as a write-in can be counted.  So votes for relatives, friends and neighbors who might otherwise make excellent public officials are wasted votes.

Florida Statute 104.19 clearly states that a voter must cast a write-in vote in his or her own handwriting, and may not attach a sticker to the ballot or stamp the name of the write-in candidate in the appropriate spot.

Rule 1S-2.0031, Florida Administrative Code, states a vote for a write-in candidate on an optical scan ballot requires a voter to fill in the oval next to the write-in space, EXCEPT if the canvassing board is required to determine voter intent pursuant to Rule 1S-2.027, Florida Administrative Code (or s. 101.5614, Florida Statutes). Any abbreviation, misspelling or other minor variation in the form of the name of a candidate must be disregarded in determining the validity of a write-in vote.

So if you decide to cast a write-in vote in the District 2 Nassau County Commission race, you must check the oval for write-in and insert the candidate’s name.  As long as the name is legible and could reasonably be interpreted, despite “misspelling or minor variation in the form of the name” as a vote for the qualified write-in candidate,  it will be counted.  But you will not find the name of the write-in candidate on your sample ballot.

There you have it.  Additional questions about write-in balloting may be directed to the Nassau Supervisor of Elections:  [email protected] or (904) 491-7500.

You may also contact the two candidates for District 2 Nassau County Commissioner directly to learn about their positions on issues:

Steve Kelley, incumbent District 2 commissioner

[email protected]

(904) 261-7923

Gene Alley, write-in candidate for District 2 commissioner

[email protected]

(904) 233-9027

You may also perform name searches on the Fernandina Observer website to read more about both candidates and their activities or positions.