In Dodge v. Meyer,[1] the supreme court held it proper to not count an election ballot with filled-in ovals next to both candidates’ names and an ‘X’ over one of the filled-in ovals. The initial vote count of the 2018 race for the District 1 seat in the Alaska House of Representatives gave candidates Dodge and LeBon 2,661 votes each. An automatic recount was conducted, resulting in two additional votes for LeBon and one additional vote for Dodge. Both parties appealed, resulting in a report recommending that the recount be upheld. On appeal, Dodge argued that it was more probable that, on a ballot where the ovals next to both candidates’ names were filled-in and an ‘X’ was written over LeBon’s oval, it was more probable that the ‘X’ was intended to cancel the vote for LeBon. The supreme court upheld the recount, holding that the ballot with filled-in ovals next to both candidates’ names and an ‘X’ over LeBon’s oval was properly not counted. The court based its reasoning on a statutory requirement that ballots with marks next to multiple candidates are to, without exception, not be counted. The court noted that voter intent is a crucial question in determining the validity of ballot markings, but the voter’s intent was ambiguous on the relevant ballot. The supreme court affirmed, holding it proper to not count an election ballot with filled-in ovals next to both candidates’ names and an ‘X’ over one of the filled-in ovals.
[1] 444 P.3d 159 (Alaska 2019).
