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Started By
Message
Do Moore and Jones have a run-off?
Posted on 12/13/17 at 1:08 pm
Posted on 12/13/17 at 1:08 pm
I am not a lawyer nor do I know election laws. Based on Section 11-46-55 (b), it appears that Jones received 49.9% of the vote, but he must get 50% of the vote, plus 1. If this is true, then Jones did not win. Since there were "Write-in" candidates, doesn't that mean there were more than two people on the ballot? This would mean they are supposed to have a runoff between Moore and Jones since no one received a majority of the votes.
(b) If a single office is to be filled at the election and there is more than one candidate therefor, then the majority of the votes cast for the office in the election shall be ascertained by dividing the total votes cast for all candidates for the office by two, and any number of votes in excess of one half of the total votes cast for all candidates for the office shall be a majority within the meaning of subsection (a).
(d) If no candidate receives a majority of all the votes cast in such election for any one office or offices for the election to which there were more than two candidates, then the municipal governing body shall order a second or runoff election to be held on the sixth Tuesday next thereafter following the regular election, at which election the two candidates having received the most and the second most votes, respectively, shall be candidates, and the person receiving the highest number of votes for that office in the runoff election shall be declared elected.
LINK
(b) If a single office is to be filled at the election and there is more than one candidate therefor, then the majority of the votes cast for the office in the election shall be ascertained by dividing the total votes cast for all candidates for the office by two, and any number of votes in excess of one half of the total votes cast for all candidates for the office shall be a majority within the meaning of subsection (a).
(d) If no candidate receives a majority of all the votes cast in such election for any one office or offices for the election to which there were more than two candidates, then the municipal governing body shall order a second or runoff election to be held on the sixth Tuesday next thereafter following the regular election, at which election the two candidates having received the most and the second most votes, respectively, shall be candidates, and the person receiving the highest number of votes for that office in the runoff election shall be declared elected.
LINK
Posted on 12/13/17 at 1:10 pm to djmicrobe
quote:
Do Moore and Jones have a run-off?
No.
Posted on 12/13/17 at 1:10 pm to djmicrobe
There should be a run off to give the gumps a second chance to see if they really do want to frick over this country.
Posted on 12/13/17 at 1:11 pm to djmicrobe
Nope. Vote to be certified no later than the 3rd.
Posted on 12/13/17 at 1:12 pm to djmicrobe
There were only 2 candidates on the ballot, so I don't think that provision applies but I don't know. I'm not a lawyer.
They are going through the write-in votes and it's possible some of those will get tossed. For a write-in vote to count, it has to be cast for someone that can actually hold the office.
They are going through the write-in votes and it's possible some of those will get tossed. For a write-in vote to count, it has to be cast for someone that can actually hold the office.
Posted on 12/13/17 at 1:12 pm to djmicrobe
not in a 2 way race. most votes win.
Posted on 12/13/17 at 1:13 pm to djmicrobe
quote:
(b) If a single office is to be filled at the election and there is more than one candidate therefor, then the majority of the votes cast for the office in the election shall be ascertained by dividing the total votes cast for all candidates for the office by two, and any number of votes in excess of one half of the total votes cast for all candidates for the office shall be a majority within the meaning of subsection (a).
Posted on 12/13/17 at 1:13 pm to djmicrobe
quote:
I am not a lawyer nor do I know election laws.
Posted on 12/13/17 at 1:14 pm to jcole4lsu
quote:
not in a 2 way race. most votes win.
I don't effectively care, but from a pure logical perspective, they should not be allowing "write in" candidates if this is the case. It's not truly a "2 way race" if you are making such an allowance.
Posted on 12/13/17 at 1:16 pm to djmicrobe
Would much rather see a dance-off!
Posted on 12/13/17 at 1:19 pm to djmicrobe
quote:
(d) If no candidate receives a majority of all the votes cast in such election for any one office or offices for the election to which there were more than two candidates, then the municipal governing body shall order a second or runoff election to be held on the sixth Tuesday next thereafter following the regular election, at which election the two candidates having received the most and the second most votes, respectively, shall be candidates, and the person receiving the highest number of votes for that office in the runoff election shall be declared elected.
From the Alabama Write-In website:
quote:
When the candidate you would like to vote for is not listed on the ballot, you may vote for that person by writing his or her name in the blank “write-in” box on the ballot. Each contest on the ballot has a “write-in” box. You must also shade in the circle next to that “write-in” box to ensure your vote is tabulated properly.
In the event that the voter selects the “straight-party” option they may still “write-in” a candidate for any race they choose in the blank area designated for “write-ins”. Each vote for a “write-in” candidate will override the “straight-party” vote only for the race with the “write-in” area filled in.
It is important to be familiar with the spelling of the name of the candidate for whom you intend to vote. In the event that the candidate’s name is slightly misspelled, it must be close enough that the voter’s intention can be reasonably determined upon review. The voter must use a full last name, but initials are acceptable for first and middle names. All votes for “write-in” candidates will be counted in the event that the candidate is qualified to hold the office and not a fictional character.
It is also required that the “write-in” vote be hand-written. Additionally, there are no existing stipulations that prohibit a candidate from being elected despite having unsuccessfully run for a party’s nomination, which would normally apply due to Alabama’s sore loser law.
So, now that you've read that, there is the sore-loser law:
quote:
Some states bar candidates who sought, but failed, to secure the nomination of a political party from running as independents in the general election. These restrictions are sometimes called sore loser laws. Under Alabama state law, "any independent candidate who was a candidate in the primary election of that year" cannot have his or her name printed on the general election ballot.
Lastly - yesterday's election is treated the same way as a Presidential election, in that - you don't have to get 50%, because there are things in place to now push this along. Basically think of it this way - a Senate race is the Presidential race - there are x number of electrics to vote for the President, and the winner is the one with the most percentage, no matter what, no runoff for elections like that.
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Not to mention, a "write-in" vote isn't something that can be removed from a ballot, so there is no way to do a run-off, as you can't take a "write-in" off the ballot for the runoff.
Posted on 12/13/17 at 1:21 pm to BaddestAndvari
quote:
Not to mention, a "write-in" vote isn't something that can be removed from a ballot, so there is no way to do a run-off, as you can't take a "write-in" off the ballot for the runoff.
What do you mean? There's no "write-in" provision in Louisiana elections.
Posted on 12/13/17 at 1:22 pm to BarnHater
quote:
There should be a run off to give the gumps a second chance to see if they really do want to frick over this country.
melt!
Posted on 12/13/17 at 1:22 pm to Y.A. Tittle
quote:
There's no "write-in" provision in Louisiana elections.
there is one in Alabama:
quote:
When the candidate you would like to vote for is not listed on the ballot, you may vote for that person by writing his or her name in the blank “write-in” box on the ballot. Each contest on the ballot has a “write-in” box. You must also shade in the circle next to that “write-in” box to ensure your vote is tabulated properly. In the event that the voter selects the “straight-party” option they may still “write-in” a candidate for any race they choose in the blank area designated for “write-ins”. Each vote for a “write-in” candidate will override the “straight-party” vote only for the race with the “write-in” area filled in. It is important to be familiar with the spelling of the name of the candidate for whom you intend to vote. In the event that the candidate’s name is slightly misspelled, it must be close enough that the voter’s intention can be reasonably determined upon review. The voter must use a full last name, but initials are acceptable for first and middle names. All votes for “write-in” candidates will be counted in the event that the candidate is qualified to hold the office and not a fictional character. It is also required that the “write-in” vote be hand-written. Additionally, there are no existing stipulations that prohibit a candidate from being elected despite having unsuccessfully run for a party’s nomination, which would normally apply due to Alabama’s sore loser law.
LINK
Posted on 12/13/17 at 1:23 pm to goatmilker
Would rather see a duel of 10 paces.
Posted on 12/13/17 at 1:23 pm to Draconian Sanctions
Big money in politics wins again Drac.
Posted on 12/13/17 at 1:24 pm to BaddestAndvari
I guess my point is, you can clearly "take that off the ballot" if it results in a candidate with a plurality winning an election and the requirement is that the winner get a majority. I don't know how you otherwise logically reconcile the two issues.
Posted on 12/13/17 at 1:24 pm to Y.A. Tittle
quote:write ins shouldn’t be allowed. Either vote for the people on the ballot or stay home
I don't effectively care, but from a pure logical perspective, they should not be allowing "write in" candidates if this is the case. It's not truly a "2 way race" if you are making such an allowance.
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