Pennsylvania Elections Bureau Finally Releases November 2010 Write-in Vote

On February 25, the Pennsylvania Bureau of Commissions, Elections & Legislation released the write-in results from the November 2, 2010 election. However, the information does not seem to be on the Bureau’s web page yet. It appears that eight counties did not tally any write-ins at all for any office. They are Clarion, Clinton, Jefferson, Lawrence, Mifflin, Montgomery, Perry, and Philadelphia.

Pennsylvania is the only large state that has no procedure for write-in candidates who want their vote tallied to file a declaration of write-in candidacy. All write-in votes are valid votes in Pennsylvania, and the state admits that the law requires that all write-ins be counted. The Pennsylvania Constitution protects write-in votes. In 1905, the Pennsylvania Supreme Court said, “Unless there was such provision to enable the voter not satisfied to vote any ticket on the ballot, or for any names appearing on it, to make up an entire ticket of his own choice, the election as to him would not be equal, for he would not be able to express his own individual will in his own way.” Oughton v Black, 61 A. 346, at page 348.


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