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And I guess I'll die explainig how the things that they complain about are things they could be changin', hopin' someones gonna care!

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August 28

Americans can not vote for the best person

Alabama

A write-in candidate for President in the November 2008 general election does not have to do anything to have their votes counted.

All write-in votes will be counted.

Alaska

To be recognized as a write-in candidate for President in the 2008 General Election in Alaska, write-in candidates must file with the Division of Elections the following form:

Letter of Intent
Write-In Candidate for President and Vice President (.doc)
.

Write-in votes will not be counted unless the Letter of Intent has been filed.
(AS 15.25.105)

For the November 4, 2008 General Election, the Write-in Candidates' Letter of Intent must be filed no later than October 30, 2008. [AS 15.25.105 (c)]

Division of Elections - Director's Office
Whitney H. Brewster, Director
240 Main Street, 4th Floor
PO Box 110017
Juneau, Alaska 99811-0017
Phone: (907) 465-4611
http://www.elections.state.ak.us

GENERAL INFORMATION

To be recognized as a write-in candidate for the 2008 General Election, write-in candidates must file with the Division of Elections a Letter of Intent form. Write-in votes will not be counted unless the Letter of Intent has been filed. (AS 15.25.105)

For the November 4, 2008 General Election, the Write-in Candidates' Letter of Intent must be filed no later than October 30, 2008. [AS 15.25.105 (c)]

A write-in vote is the writing in of the candidate’s name with the oval filled in next to the name. A blank space is provided for each race on the General Election ballot for this purpose. To be a valid write-in vote, the voter must write in the name as it appears on the Write-in Candidate’s Letter of Intent or write in the last name of the candidate. Either way, the voter must mark the oval next to the candidate’s name for the vote to be counted.

[6AAC 25.070 (c)]

Following are the qualifications for the office of President and Vice President of the United States:

PRESIDENT / VICE PRESIDENT OF THE UNITED STATES: 35 years of age; a natural born citizen, and a 14-year resident of the United States.

In a presidential race, the President and Vice President run as a team, and one vote is a vote for the team. Space is provided for the voter to write in the names of choices for both offices.

The Division of Elections uses an Optical Scan and Touch Screen ballot tabulation system. Pre-printed stickers with candidates' names may not be used on the ballot. [6AAC 25.070 (a)]

The Director of the Division of Elections prepares all official ballots to facilitate fairness, simplicity, and clarity in the voting procedure, to reflect most accurately the intent of the voter, and to expedite the administration of elections. With respect to write-in candidates, Alaska law requires a provision to be made for voting for write-in candidates within each section of the official ballot of the General Election. (AS 15.15.030)

The candidate must check with the Federal Election Commission for financial reporting requirements.

Arizona

The candidate must submit the following to the Secretary of State's Election Office:

Required Document: A Nomination Paper / Affidavit of Qualification for the presidential candidate.

Required Document: A Nomination Paper / Affidavit of Qualification for the vice-presidential candidate.

Required Document: A Write-In Candidate Presidential Elector Nomination Paper / Affidavit of Qualification for each of 10 electors who must be residents of the state of Arizona.

4) A cover sheet on which the presidential candidate designates in writing that he is running for President, who his vice-presidential running mate is, and the names of the 10 presidential electors that are pledged to him. This cover sheet should also reference that the nomination papers for the presidential candidate, the vice-presidential candidate and each of the 10 electors are enclosed.

Here is an official information sheet from the Arizona Secretary of State's Election Office.

ALL NOMINATION PAPERS MUST BE NOTARIZED

The deadline is September 25, 2008 5:00 PM

Mary C. Fontes

Election Office Manager

Arizona Secretary of State

1700 W. Washington Street, 7th Floor

Phoenix, Arizona 85007-2888

Arkansas

NO WRITE-IN PRESIDENTIAL CANDIDATES ALLOWED.

The Arkansas Secretary of State's Elections Division website says this:
"Write-in Candidates
Write-in candidates are not allowed in presidential, municipal, or primary elections. [ACA §§7-5-525, 7-8-302, 14-43-202]"
www.arkansas.gov/sbec/pdfs/2007-Handbook-Final.pdf
It turns out that none of those election codes referenced actually contain any language referring to write-in candidates for President. Furthermore, the election law regarding write-in candidacy has remain unchanged since at least the early 70s. However, there is legal precedent for Arkansas allowing write-in presidential candidates in at least 1972, for Schmitz/Anderson of the American Party, and 1976, for Eugene McCarthy.
“American Party Loses Bid for Ballot Spot” Northwest Arkansas Times 1972
“Eugene McCarthy”
Northwest Arkansas Times 1976
when asked about this, the legal counsel of the Arkansas Secretary of State's office was not impressed. It did not seem to matter to him that 1) Arkansas is among only a small handful of states that is currently not allowing write-in Presidential candidates, or 2) that there is a precedent in Arkansas for allowing write-in presidential candidates. The question put to him was: if the law has remained unchanged since 1972, why is it that the Arkansas Secretary of State allowed Schmitz-Anderson to qualify as a write-in Presidential ticket in 1972 in Arkansas, and Eugene McCarthy to qualify as a write-in Presidential candidate in 1976 ... and yet now is saying that presidential write-ins are not allowed?
In South Carolina, the prohibition of write-in presidential candidates is actually spelled out clearly in their election laws, but there is nothing of the sort in Arkansas. There is in fact clear precedent, and a strong national context for allowing Presidential write-ins in Arkansas, but they are not being allowed.

California

A candidate must file the following with the California Secretary of State’s Office by October 21, 2008:

Required Document: A “Statement of Write-In Candidacy for President of the United States” form.

Required Document: 55 “Declaration of Write-In Candidacy Presidential Elector” forms, each of which must be notarized.

The declarations of write-in candidacy must be filed with the Secretary of State in person or by mail. Please send your documents to:

Office of the California Secretary of State
Elections Division
ATTN: Candidates & Elections
1500 11th Street, 5th Floor
Sacramento, CA 95814

Please indicate on the envelope “Declaration of Write-In Candidacy.” The Declarations of Write-In Candidacy must be received by the Secretary of State no later than October 21, 2008 (E-14). § 8652

Colorado

By August 26, 2008, a write-in candidate for President must file the following with the Colorado Secretary of State Elections Division:

Required Document: An “Affidavit of Intent for Write-In Designation and Declaration of Qualification” for the presidential candidate. NOTARIZATION REQUIRED.

Required Document: An “Affidavit of Intent for Write-In Designation and Declaration of Qualification” for the vice-presidential candidate. NOTARIZATION REQUIRED.

Required Document: The “Acceptance of Presidential Electors” form. 9 ELECTORS REQUIRED.

Colorado Secretary of State
Elections Division
1700 Broadway, Ste. 270
Denver, CO 80290
Ph: (303) 894-2200 x 6312
Fax: (303) 869-4861

Connecticut

By October 21, 2008, the write-in presidential candidate must file the following with Connecticut Secretary of State, Legislative & Elections Administrative Division:

Required Document: A “Registration of Write-In Candidacy for President/Vice-President” form. The Elections Division said that the candidate can use as many copies of the form as he or she needs to give to the various electors and to the vice-presidential candidate. When sending them all in to the Elections Dept., the forms should just be all stapled together.

Send to:

Secretary of the State

Legislative & Elections Administrative Division

30 Trinity Street, P.O. Box 150470

Hartford CT 06115-0470

Delaware

There are no requirements in the state of Delaware. Voters can just write in the candidate's name, and the vote will be counted.

District of Columbia

A write-in candidate for President and Vice-President of the United States shall file with the Board on or before 5:00 p.m., on October 28, 2008 (the seventh day preceding the election), his or her list of presidential electors on the forms prescribed and provided by the Board, pursuant to the United States and District of Columbia, if he or she is to qualify as a write-in candidate and have the assistance of poll watchers and count observers on election day.

THE CANDIDATE WILL NEED 3 ELECTORS.

THESE FORMS WILL BE AVAILABLE STARTING JUNE 26, 2008.

WE HAVE BEEN TOLD THAT THEY DO NOT REQUIRE A NOTARY.* *2/13/08

Florida

A presidential write-in candidate may have a blank space provided on the general election ballot for their name to be written in if:

1) The candidate files an Oath of Candidate (Form DS-DE 85) with the Division of Elections between 8 a.m., July 1 and Noon, July 8, 2008.

Form DS-DE 85 may be downloaded from the Division of Elections website at

http://election.dos.state.fl.us/forms/pdf/DSDE85.pdf

2) Not later than August 29, 2008, the candidate submits a list containing the names and addresses of 27 persons to serve as electors to the Department of State.

NO NOTARIZATIONS REQUIRED.


The Oath of Candidate form must be filled out and signed by both Presidential and Vice-Presidential candidates.

Georgia

For Georgia, in order to be eligible as a write-in candidate for President, there is a multi-step process:

1) You need to send a formal letter of intent to run as a write-in candidate for President and Vice-President, accompanied by a request for the forms that you will need to fill out. You send this letter to:
Mike McCarthy
Director of Elections
Sec. of State Elections Division
2 Martin Luther King Jr. Drive SE
West Tower, Ste. 1104
Atlanta, GA 30334

2) You also need to publish a notice of your intent to run for President as a write-in candidate in a newspaper of general circulation in the state of Georgia, which would be the Atlanta Journal-Constitution. You need to get an affidavit of publication from the paper, and a copy of the publication itself. You can publish this notice anytime between JANUARY 1, 2008 and SEPTEMBER 1, 2008.

THE PUBLICATION NEEDS TO CONTAIN THE CANDIDATES NAME, THE OFFICE HE IS RUNNING FOR, AND THE DATE OF THE ELECTION. USE THE LANGUAGE OF THE FORM PROVIDED BY THE ELECTIONS OFFICE, BUT YOU ONLY NEED THESE THREE ITEMS OF INFORMATION, NOT THE ADDRESS, ETC.

3) Complete and send the form received from the GA elections division to them, accompanied by the affidavit of publication and a copy of the newspaper notice itself. All of this is due by September 1, 2008, but can be filed at any time before then.

Hawaii

Presidential write-ins are not allowed in the state of Hawaii.

Idaho

The candidate needs to fill out and turn in the EC-12 Declaration of Intent for Write-In Candidate form by October 21, 2008. If the candidate is not affiliated with a party, he/she would put "No" or "None" in the blank asking for party. For the notary, have a notary in your state notarize. The notary can cross out the word Idaho and write in the state they are in.

Illinois

To qualify as a write-in candidate in the entire state of Illinois, the candidate has to submit a "Declaration of Intent to be a Write-in Candidate" form to every jurisdiction (i.e. County) in the state and with each of the 8 Board of Elections Commissioners. There are 102 Counties in Illinois, so the candidate needs to file 110 forms total. Each one has to be signed and notarized individually. The Declaration of Intent form is available from the Illinois State Board of Elections. Call (312) 814-6440.

The candidate can also submit the Declaration of Intent forms only to those counties in which he/she wants to run. Here are the 10 most populous counties in Illinois, plus Chicago’s own board of elections:

Chicago Board of Election Commissioners
69 W. Washington Suites 600/800
Chicago, Illinois 60602
cboe@chicagoelections.net

Cook County
69 W. Washington, 5th Floor
Chicago, Illinois 60602
Call the Clerk's Office: (312) 603-0906
electioninfo@cookcountygov.com

DuPage County
421 N. County Farm Road
Wheaton, Illinois 60187
(630) 407-5600

Lake County
18 North County Street
Waukegan, Illinois 60085
(847) 377-2400
cntyclk@co.lake.il.us

Will County
302 North Chicago Street
Joliet, Illinois 60432
(815) 740-4794.

Kane County
719 South Batavia Avenue
P. O. Box 70
Geneva, Illinois 60134
(630) 232-5990
elections@co.kane.il.us

Winnebago County
404 Elm Street
Rockford, Illinois 61101
Elections: 815-319-4252

McHenry County
County Clerk
2200 North Seminary Ave
Woodstock, IL 60098
Phone: 815/ 334.4242
Fax: 815/ 334.8727

Madison County
Madison County Clerk’s Office
157 North Main Street, Suite 109
Edwardsville, IL. 62025
(618) 692-6290

St. Clair County
St. Clair County Clerk's Office
#10 Public Square, 2nd Floor
Belleville, IL 62220
618-277-6600 x2380

Sangamon County
County Complex
200 South 9th Street
Springfield, Illinois 62701
217-753-6740

Indiana

By July 3, 2008, the candidate will need to submit the following to the Indiana Election Division:

Required Document:

A “CAN-3” Form (see instructions below). MUST BE NOTARIZED

Required Document:

A list of Presidential electors, residents of Indiana. The candidate must list at least 1 elector, name(s) only, and no more than 11. The sheet that contains this list should make reference to the “CAN-3” Form like this, or words to this effect: "This list is incorporated by reference in the CAN-3 form executed by me on (this date)."

Mail to:

Indiana Secretary of State
Elections Division
302 West Washington Street
Room E-204
Indianapolis, IN 46204


INSTRUCTIONS for CAN-3 Form:

On questions 1, 7, and 8, concerning residence, simply include the
correct information regarding your residence, but cross out "Indiana",
and insert the name of the applicable state.

With regard to the presidential electors needed, Indiana Code
3-8-2-2.5(f) states that a write -in candidate must list at least 1
candidate for presidential elector, and may not list more than the total
number of presidential electors to be chosen in Indiana (11). This list
would be considered part of the CAN-3 document, which is notarized by the candidate. You may wish to include a statement to the effect of
"This list is incorporated by reference in the CAN-3 form executed by me on this date", or words to that effect.

Brad King
Co-Director
Indiana Election Division
(317) 232-3939
(800) 622-4941

Iowa

There are no forms or applications to fill out, just let people know that you want them to write your name in on the General election ballot & how you want your name written.

Kim Gezel
Administrative Assistant
Elections Division
Secretary of State
515-281-0145
515-281-7142 Fax

Kansas

An “Affidavit of Write-in Candidacy” for the offices of president and vice-president shall be filed with the secretary of state no later than 12:00 noon on October 27, 2008.

Kansas Secretary of State
Elections & Legislative
Memorial Hall, 1st Floor
120 SW 10th Avenue
Topeka, KS 66612-1594

Kentucky

The candidate must submit the following to the Kentucky Secretary of State:

1) A “Declaration of Intent to Be a Write-In Candidate” form, which will require the following information:

a) Both President and Vice-President must sign the one form.
b) The names of 8 electors pledged to the Presidential candidate.

2) A filing fee of $50, by check made payable to “Kentucky State Treasurer”.

The form and fee are due by 4pm, Kentucky time, October 24, 2008.
The form is available by request from the Kentucky State Board of Elections: 502-573-7100

Mail white and yellow copies of the form to:

Trey Grayson, Secretary of State
Suite 148, State Capitol
700 Capitol Avenue
Frankfort, Kentucky 40601-3493

Attn: Mary Sue Helm, Angela Evans, or Kim Bagwell

Louisiana

Louisiana does not allow write-in voting for President and Vice-President.

Maine

The 2008 President, Vice-President and Electors forms are available from the Maine Bureau of Corporations, Elections and Commissions: 207-624-7736, and will need to be filled out as follows:

1) A write-in candidate for the general election may indicate a party or political designation by writing that party or political designation in the appropriate space on the “Declaration of Write-in Candidacy”. The candidate may indicate the name of a qualified party (Democratic, Green Independent, or Republican), or choose a political designation that meets the following requirements:

• May not exceed three words in length;
• May not incorporate the candidate’s name, or the designation or an abbreviation of the designation of a party that is qualified to nominate candidates by primary election; and
• May not consist of or comprise language that is obscene, contemptuous, profane or prejudicial, promotes abusive or unlawful activity or violates any other provision of Maine law with respect to names.

2) The “Declaration of Write-In Candidacy” form and a consent form for each of the 4 electors named on the “Declaration” form must be submitted no later than October 29, 2008.

Bureau of Corporation, Elections and Commissions
Julie Flynn, Deputy Secretary of State
101 State House Station
Augusta, Maine 04333

3) Two of the four electors must be from the 1st and 2nd Congressional Districts respectively; the other two can be from anywhere in Maine.

4) The Electors Consent forms must be notarized.

Maryland

Candidates must file a “Certificate of Candidacy – Write-In Candidate General Election” with:

MARYLAND STATE BOARD OF ELECTIONS
P.O. Box 6486
Annapolis, MD 21401-0486

410-269-2840
Toll Free 800-222-8683
info@elections.state.md.us

A filing fee is NOT required for a write-in candidate.

The candidate may file the Certificate of Candidacy by mail. All required documents should be mailed together. It is important to note, the Certificate of Candidacy must be notarized.

Deadline is the Wednesday before the General Election,
October 29, 2008. If mailed, the appropriate election office must receive the Certificate of Candidacy by the deadline. Timely postmarked or faxed copies will not be accepted. Original signatures are required. In no case will a filing be accepted later than 5:00 P.M. on Wednesday before the General Election.

Recommendation: It is recommended that a write-in candidate file as early as possible in order to appear on various candidate lists including the write-in candidate list on the sample ballots. Additionally, early filing enables the candidate the option to designate challengers and watcher at the polling place.

Massachusetts

The candidate must file the following by Friday, September 5, 2008:

Required Document: A Certificate of Write-In Candidacy for President and Vice-President (1 form). This form contains 12 spaces for the names, addresses, and signatures of the 12 electors. So each of the electors must put their name, address and signature on this form.

Required Document: 12 Elector Registration Certificates (1 for each of the candidate’s 12 presidential electors) these forms must be physically taken in by each elector to their local voter registrar's office, and must be signed or stamped by the voter registrar certifying that the elector is a registered voter.

These forms can be obtained by contacting the Elections Division at: (617) 727-2828

Secretary of the Commonwealth
Elections Division
McCormack Building, Room 1705
One Ashburton Place
Boston, MA 02108

The following is from:
http://www.sec.state.ma.us/ELE/elepres/presidx.htm

"Write-in candidates may also run, but only if their names and their slate of elector candidates have been filed by Friday, September 5, 2008 with the Secretary of the Commonwealth."

"For elector candidates pledged to write-in or sticker candidates:

Write-in or sticker candidates for president and vice-president select their own elector candidates. These twelve names, with the written acceptance of the elector candidates, are filed with the Secretary of the Commonwealth at least 60 days before the date of the election. M. G. L. c. 54, § 78A (2004 Ed.). Therefore, the final filing deadline with the Secretary of the Commonwealth is no later than 5:00 p.m. on Friday, September 5, 2008."

Michigan

The candidate needs to submit a “Write-In Candidate Declaration of Intent” form to the Bureau of Elections by September 5, 2008. This form must be accompanied by a document which lists the Vice-President’s name, and the names and addresses of 17 electors pledged to the Presidential candidate from the state of Michigan.

The “Declaration of Intent” form must be notarized.

File all forms here:

Michigan Department of State
Bureau of Elections
Post Office Box 20126
Lansing, Michigan 48901-0726
Phone: (517) 373-2540
Fax: (517) 373-0941

Minnesota

The candidate must file a WRITTEN REQUEST BY WRITE-IN CANDIDATES FOR FEDERAL AND STATE OFFICE on or before October 29, 2008. The form requires the name at least one candidate for presidential elector, and the name of the vice-presidential candidate. The total number of names of candidates for presidential elector on the form may not exceed the total number of electoral votes (10) to be cast by Minnesota in the presidential election.

Request the form from the Elections Division at:

651-215-1440
1-877-600-8683

Submit the form to:

Minnesota Secretary of State
Elections Division
180 State Office Building
100 Rev. Dr. Martin Luther King Jr. Blvd.
St. Paul, MN 55155

Mississippi

Write-in candidacy for President/Vice-President is not allowed, except for in the following circumstance: it is permitted only for candidates who have been nominated by a party to replace a candidate whose name was already on the ballot, due to death or resignation of the first candidate. So voters can write-in the name of that replacement candidate for President or Vice-President, if this is the case.

Missouri

The candidate will need to file a notarized “Candidate Declaration Form United States President” and a notarized “Declaration Of Intent Candidate Vice President And Elector Nomination Form” (which needs to include the Vice-President candidate’s name, and the names of 11 presidential electors in Missouri pledged to the candidate).

These two forms will need to be accompanied by 11 notarized “Declaration of Candidacy” forms for each of the Missouri electors. 9 of the electors must come one from each of Missouri’s 9 congressional districts, and 2 can be “at large”. The forms are available here:

The "at large” forms should be drawn up like these.
Due date is October 24, 2008.

Missouri Secretary of State
Elections
State Information Center
P.O. Box 1767
Jefferson City, MO 65102

Montana

The candidate will need to file the “Declaration of Intent for Write in Candidates” form no later than 5 p.m. on September 26, 2008.

“You can cross out Montana on the form attached and write in your state, as well as make any other necessary adjustments for the fact that the notary is commissioned in your state.”

Alan Miller
Elections Specialist
Elections Bureau
Office of the Montana Secretary of State
(406) 444-5346

Elections and Government Services Division
P.O. Box 202801
Helena, MT 59620-2801

Nebraska

The candidate will need to fill out the “Write-In Affidavit” and turn it in no later than October 24, 2008. The affidavit can be adjusted to the candidate's home state as indicated below. The form must be notarized. Mail to:

Nebraska Secretary of State
Elections Division
P.O. Box 94608
Lincoln, NE 68509-4608

“The below Nebraska Revised Statute outlines the requirements and deadlines to be a write in candidate in Nebraska. For the office of President, there are no filling fee requirements.

Neb. Rev. Stat. 32-615

Any candidate engaged in or pursuing a write-in campaign shall file a notarized affidavit of his or her intent together with the receipt for any filing fee with the filing officer as provided in section 32-608 no later than ten days prior to the election. A candidate who has been defeated as a candidate in the primary election or defeated as a write-in candidate in the primary election shall not be eligible as a write-in candidate for the same office in the general election unless a vacancy on the ballot exists pursuant to section 32-625. A candidate who files a notarized affidavit shall be entitled to all write-in votes for the candidate even if only the last name of the candidate has been written if such last name is reasonably close to the proper spelling.

The below attached document is the write in affidavit form. You can use this form as a model and change the Nebraska specific terms to whatever state you have your form notarized in. Let me know if you have any questions!”

Katie Clark
Elections Division
Ph: 402-471-2555

Nevada

Nevada law prohibits write-in candidacies or write-in votes of any kind. (NRS 293.270)

http://sos.state.nv.us/elections/candidate/candidacyforms.asp

http://sos.state.nv.us/elections/candidate/pdf/NVCampaignGuide.pdf

New Hampshire

There are no procedures for a write-in candidate for President. They all get counted!

New Jersey

There is no form or procedure needed to qualify to be a write-in candidate for President. Any voter can write-in a candidate's name. Write-in votes will only be tabulated if there are enough of them to contest the election.

New Mexico

Their elections department said that New Mexico does not have any “provision” for write-in voting/candidacy for President.

NEW York

The candidate will need to submit a “certificate of candidacy” which may be drawn up by, and must be signed by the candidate. The “certificate” must contain the following:

• Name and address of presidential candidate
• Name and address of vice-presidential candidate
• Name and address of at least one elector

The certificate should be accompanied by, and make reference to the following:

• A signed “certificate of acceptance” from vice-presidential candidate – needs to be NOTARIZED
• a signed “certificate of acceptance” from at least one elector – needs to be NOTARIZED

Here are samples of the certificates of acceptance that may be used:

Sample “certificate of acceptance vice-president”

Sample “certificate of acceptance presidential elector”

DUE OCTOBER 14, 2008

Mail to:

NYS BOARD OF ELECTIONS
40 STEUBEN STREET
ALBANY, NY 12207-2108

North Carolina

An individual seeking to become a write-in candidate for President must file with the SBE:

1) A “declaration of intent”, and

2) A petition containing the signatures of 500 qualified voters of the State

By noon on the 90th day before the general election – Monday, August 4, 2008.

Verification by the chairman of the county board of elections shall be completed within two weeks from the date the petitions are presented.

* Before collecting of signatures begins, the candidate needs to file a “Petition Request Form” with the NC State Board of Elections.

PETITIONS:

-- The candidate will need to download and print out the “Write-in Petition” form to use for collecting petitions.

-- Each form contains blanks for 20 signatures.

-- The signers must be registered voters in North Carolina.

-- Write-in candidates need to collect 500 signatures. Everything is due by August 4th.

-- The petition forms are to be segregated by county. All signers on a particular petition form need to be residents of the county named on that form. When all the signatures are collected, the candidate or a representative will need to submit them to the appropriate county's board(s) of elections. These county boards of elections will verify the signatures on the forms within two weeks time, and then the petitions can be collected back from them. Then, all the verified petitions will need to be delivered to the state board of elections. Along with the candidate’s "Declaration of Intent", the 500 verified signatures on these petitions will complete the candidate’s application for write-in candidacy.

The state board of elections said that it is possible to mail in the petitions to the boards of elections, and have them mailed back, but most often they are brought in person.

* * * *

Instructions for the "Petition for Write-In Candidate in Partisan Elections" form:

1) There are three blanks at the top of each petition form which must be filled out. The first is to identify which county the signatures are being collected in. The second should say the candidate’s name. The third should say, "President of the United States".

2) The rest of the form is devoted to the petition signers, and is self-explanatory. It asks for each signer's name, residence address, city, town & zip code, birth date, and signature.

The signers must be registered voters in the appropriate county.

North Dakota

Running as a Write-In Candidate in the General Election

A person who intends to be a write-in candidate for President of the United States at the November 4, 2008 General Election shall file a sworn Certificate of Write-In Candidacy with the Secretary of State by 4:00 p.m. on October 14, 2008.

The sworn Certificate of Write-In Candidacy must contain the complete address of the candidate and the names and complete addresses of the candidate’s 3 presidential electors. A sworn certificate of acceptance signed by the candidate’s presidential electors must accompany the Certificate of Write-In Candidacy.

The certificate of acceptance for each elector is included as part of the Certificate of Write-In Candidacy. If the presidential candidate has a vice-presidential running mate, the name and complete address of the running mate shall be contained on the Certificate of Write-In Candidacy as well. If there is no vice-presidential running mate, the certificate shall be appropriately marked. The sworn vice-presidential certificate of acceptance is also included as part of the Certificate of Write-In Candidacy.
NDCC Ch. 16.1-12-02.2

A Complete Filing Must Include
1. A Certificate of Write-In Candidacy President of the United States General Election (SFN 18440);

2. A Statement of Interests (SFN 10172) or a like personal disclosure statement required by the Federal Election Commission for presidential and vice-presidential candidates.

The filing deadline with the Secretary of State is October 14, 2008 by 4:00 p.m.

Ohio

Joint Write-In Candidates for President / Vice-President

Joint write-in candidates must file with the Ohio secretary of state:

1. A properly completed Declaration of Intent to be Joint Write-in Candidates (Form 13-A).

The declaration of intent must contain the names and signatures of both the candidate for president and the candidate for vice president. (Please note: Only candidates who have filed declarations of intent are eligible to have votes counted in the general election.); and

2. A slate of presidential electors. Joint write-in candidates must file a list of names of 20 electors who will represent them in the Electoral College, should the candidates win the general election.
(R.C. 3513.257)

Filing Fee: None.

DUE by SEPTEMBER 2, 2008

Ohio Secretary of State
ATTN: ELECTIONS
Client Service Center
180 East Broad Street, Suite 103
Columbus, OH 43215

Oklahoma

Write-in candidacy for president is not allowed.

Oregon

There are no requirements for write-in candidates for President in order to have votes counted. The candidate needs to fill out and turn in the “Write-In Candidate Acceptance” form by December 19, 2008.

Pennsylvania

The official election code refers to the fact that a voter who wishes to cast a vote for a write-in Presidential candidate must write-in the names of their 21 Presidential Electors on the ballot. However, according to a PA Bureau of Elections official, historically counties in PA have counted whatever is written in. If voters write in the actual candidate’s name, that write-in vote has been counted for the candidate. The official said that the distinction between “presidential elector” and “presidential candidate” is allowed to be blurred. However, he said that he always advises write-in candidates to contact the various counties in PA to assure that all the votes written in for them are counted as such – for example, without that communication, some counties might not watch out for various spellings of a candidate’s name, and end up counting them as separate votes, etc. The official admitted that Pennsylvania’s system is archaic and not good. He said that there should be some kind of pre-certification of write-in candidates like those that operate in other states, so that the county and state elections boards are all on the same page as to who the write-in candidates are, who to count votes for, etc. He said that if PA were to actually hold to the code which states that the 21 electors must be written in, and not the candidate’s name, it would be challenged, and the challenger would easily win the case.

Rhode Island

Executive Director Bob Kando of the Rhode Island Board of Elections said that he is not aware of there being any procedures in Rhode Island -- voters just write the candidate's name in. One would assume, however, that in the event the write-in candidate wins, he/she would need to have the 4 electors to place their votes in the Electoral College. This would be the case in any state in which a write-in candidate for President wins the general election, whether or not the state required the candidate to have the electors beforehand or not.

South Carolina

Write-in votes are not allowed in primary elections or the election of President or Vice-president.

http://www.scvotes.org/so_you_want_to_be_a_candidate

South Dakota

Write-in votes are not allowed.

Tennessee

The candidate needs to:

Required Document: Fill out the “Certificate of Write-In Candidacy”

Required Document: Submit along with the Certificate a list of 11 electors pledged to the candidate. The list has to include electors' names and addresses. 9 of the electors have to be one from each of Tennessee's 9 congressional districts, and 2 can be "at large". The filing window for this information is between August 22 - September 15.

The reason why the Tennessee State Election Commission does not make all of this information available on their website is because they consider this form of running for president a last resort for independent candidates who do not simply get themselves on the ballot by getting 275 signatures in Tennessee.

There is a process to obtaining the signatures, detailed below:

An independent presidential candidate must choose eleven (11) electors. For each of the nine congressional districts in Tennessee, one (1) elector will be elected who is a resident of the congressional district. Two (2) additional electors will be elected who may be residents of any part of the state. TCA §§2-15-101 and 2-15-102.

One nominating petition will be issued to the presidential candidate. The candidate must obtain the signatures and addresses of at least two hundred seventy-five (275) voters registered anywhere within the State of Tennessee. At the time of filing the nominating petition, the candidate must also file the names, addresses, and signatures of the vice-presidential candidate and the eleven electors who have agreed to represent the presidential candidate. Petitions may be obtained no more than 90 days before the qualifying deadline date (first date to obtain petition is May 23, 2008) from the office of the Coordinator of Elections. The filing deadline for petitions is 12:00 NOON, Central time, on the third Thursday in August (August 21, 2008). TCA §2-5-101(a). The original petition must be filed with the State Election Commission and a certified duplicate with the Coordinator of Elections. A certified duplicate is a photocopy of the original petition on which the candidate or the person making the copy writes “This is a true copy of the original” along with the candidate’s or copier’s signature. Both the original and certified copy shall be submitted to the following address:

Division of Elections
312 Rosa L. Parks Ave.
9th Floor, William R. Snodgrass Tower
Nashville, Tennessee 37243

Texas

The candidate needs to submit the following to the Elections Division of the Texas Secretary of State:

Required Document: A "Declaration of Write-In Candidacy" NOTARIZED for the Presidential candidate.

2) A "Declaration of Write-In Candidacy" NOTARIZED for the Vice-Presidential candidate.

Required Document: 34 “Consent of Presidential Elector Candidate for Write-In Candidate” forms. 34 registered voters in Texas need to fill out this form.

The candidate’s Declaration of Write-In Candidacy is filed with the Secretary of State along with the Vice-Presidential candidate’s form and the 34 “Consent” forms. The declaration may not be filed earlier than July 27, 2008, or later than 5:00 p.m. of August 26, 2008.

Elections Division
Secretary of State
P.O. Box 12060
Austin, Texas 78711-2060

Utah

To become a valid write-in candidate for a state or federal office, an individual must file a Declaration of Write-In Candidacy no later than 30 days before the regular general election. The form for a write-in candidate for President is “2008 Declaration of Write-In Candidacy for the Office of President of the United States.

Federal office candidates may file the declaration by mail or in person with the Lt. Governor's Office (Room E-325 East Building, State Capitol Complex). Write-in nts to see if you meet those requirements.
Attached are the Statewide Electronic Voter Information Website Program and the Pledge of Fair Campaign Practices.” – Mark Thomas, UT

6) The candidate will sign and date this second page and then the "filing officer" will sign and date it when it is received.

Mark J. Thomas
Office of the Lieutenant Governor
Utah State Capitol, Suite 220
Salt Lake City, UT 84114
801.538.1041 (office)
801.538.1133 (fax)candidates must meet the qualifications required for the state or federal office they are seeking. Filing the Declaration of Write-In Candidacy means those write-in votes for the candidate will be counted. The candidate's name will not appear on the ballot.

There is no fee.

Instructions for write-in candidates living outside the state of Utah:

Obviously the form is set up for a Utah resident. How does an out-of-state applicant handle the following fields:
1) At the top it says STATE OF UTAH, County of ____________ If the
applicant is out of state, how should he/she adjust this section ...?
2) In the body of the application, it refers to the applicants address -- "I reside at ______, in the City of or Town of, _____ Utah,” Again, how should the out-of-state applicant adjust this phrasing?

“For questions 1 and 2, you can cross out what is not applicable to you and replace it with the correct information.” – Mark Thomas, UT
3) it says beneath the signature line that it "must be signed in the
presence of the filing officer". Does the applicant who is mailing this
form just ignore that?
4) Can it be notarized by any official notary?

“For questions 3 and 4, it may be signed by any notary.” – Mark Thomas, UT
5) The second page refers to a series of informational notices that the applicant is to have received from the "filing officer" -- the first one is listed below, but the second two are not included. Can the out-of-state applicant get a copy of Section 20A-7-801 online to refer to, and a copy of the "pledge of fair campaign practices" so that those items can be checked off?

“Question 5, once I received the completed form, I will call you and read the filing requireme

Vermont

In Vermont, people can just write in the candidate's name, and the vote will be counted. Any necessary paperwork is only done in the event that the candidate gets enough votes in Vermont to win the state.

Virginia

The presidential and vice-presidential candidates will need to fill out the “Joint Declaration of Intent”, which is due into the Virginia State Board of Elections no later than Saturday, October 25, 2008. The form requires the listing of the names of 13 Presidential Electors. 11 of the electors must be one from each of the 11 Congressional Districts in Virginia. The other two can be “at large”. The form must be notarized.

State Board of Elections
ATTN: Election Services Division
200 North Ninth Street, Suite 101
Richmond, VA 23219-3497

Washington

A person who desires to be a write-in candidate may file a notarized “Declaration of Write-in Candidacy” with the appropriate filing officer. The Declaration of Write-in Candidacy must be filed no later than the day before the election.

Candidates for the office of President and Vice President, U.S. Senate, U.S. Representative, statewide office, state Senate, state Representative, the Court of Appeals and Superior Court are eligible for inclusion in the official state Voters’ Pamphlet published by the Office of the Secretary of State. Candidate statements and photographs should be submitted with the Declaration of Candidacy at the time of filing. Specific information regarding fees, space, photographs and statement specifications can be found on the Declaration of Candidacy. The Office of the Secretary of State also provides information through electronic media, including the internet. Information regarding electronic voter guides is made available to candidates at the time of filing.

Elections Division
Office of the Secretary of State
520 Union Avenue SE • PO Box 40229
Olympia, WA 98504-0229

Phone: (360) 902-4180 • Fax: (360) 664-4619
TDD/TTY: 1-800-422-8683
E-mail: elections@secstate.wa.gov
Internet: www.secstate.wa.gov/elections

West Virginia

The candidate will need to submit a "Write-in Candidate’s Certificate of Announcement" to the Secretary of State by September 23, 2008. A "Candidate Financial Disclosure Statement" is due 10 days after you file your Write-in Candidate’s Certificate of Announcement. The names of all write-in candidates are posted at all appropriate precincts during early voting and on Election Day.

Instructions for the "Candidate Financial Disclosure Statement"

ELECTIONS
Secretary of State
Bldg. 1, Suite 157-K
1900 Kanawha Blvd. East
Charleston, WV 25305-0770

Wisconsin

The candidate must file a list of 10 presidential electors and a “Declaration of Candidacy” in the following manner no later than October 21, 2008. The list shall contain one presidential elector from each congressional district and 2 electors from the state at large and the names of the candidates for president and vice president for whom they intend to vote, if elected.*

Because of the clause below, candidates do not actually need to file the list of electors to have votes counted.

Elections Division - Wisconsin Government Accountability Board
17 West Main Street, Suite 310
PO Box 2973
Madison, Wisconsin 53701-2973

Phone: 608-266-8005 FAX: 608-267-0500
gab@wi.gov

* Compliance with this subsection may be waived by the board but only if the results of the general election indicate that a write−in candidate for the office of president is eligible to receive the electoral votes of this state except for noncompliance with this subsection. In such event, the write−in candidate shall have until 4:30 p.m. on the Friday following the general election to comply with the filing requirements of this subsection.

Wyoming

There is nothing that a candidate needs to do before the election to be qualified to receive write-in votes. Voters may write-in the candidate’s name in the general election. The statutes refer to an application for candidacy to have votes counted for you if you are a write-in candidate, but an election official said the following:

"There is no filing fee for president. We don't have an application as there have never been enough write-in votes for a president to fill out an application. If that would happen, we would prepare one immediately for use by the candidate."

Lori Klassen, CERA
Elections Officer
Wyoming Secretary of State
Phone# (307)777-7186
Fax# (307)777-7640

Alabama

A write-in candidate for President in the November 2008 general election does not have to do anything to have their votes counted.

All write-in votes will be counted.

Alaska

To be recognized as a write-in candidate for President in the 2008 General Election in Alaska, write-in candidates must file with the Division of Elections the following form:

Letter of Intent
Write-In Candidate for President and Vice President (.doc)
.

Write-in votes will not be counted unless the Letter of Intent has been filed.
(AS 15.25.105)

For the November 4, 2008 General Election, the Write-in Candidates' Letter of Intent must be filed no later than October 30, 2008. [AS 15.25.105 (c)]

Division of Elections - Director's Office
Whitney H. Brewster, Director
240 Main Street, 4th Floor
PO Box 110017
Juneau, Alaska 99811-0017
Phone: (907) 465-4611
http://www.elections.state.ak.us

GENERAL INFORMATION

To be recognized as a write-in candidate for the 2008 General Election, write-in candidates must file with the Division of Elections a Letter of Intent form. Write-in votes will not be counted unless the Letter of Intent has been filed. (AS 15.25.105)

For the November 4, 2008 General Election, the Write-in Candidates' Letter of Intent must be filed no later than October 30, 2008. [AS 15.25.105 (c)]

A write-in vote is the writing in of the candidate’s name with the oval filled in next to the name. A blank space is provided for each race on the General Election ballot for this purpose. To be a valid write-in vote, the voter must write in the name as it appears on the Write-in Candidate’s Letter of Intent or write in the last name of the candidate. Either way, the voter must mark the oval next to the candidate’s name for the vote to be counted.

[6AAC 25.070 (c)]

Following are the qualifications for the office of President and Vice President of the United States:

PRESIDENT / VICE PRESIDENT OF THE UNITED STATES: 35 years of age; a natural born citizen, and a 14-year resident of the United States.

In a presidential race, the President and Vice President run as a team, and one vote is a vote for the team. Space is provided for the voter to write in the names of choices for both offices.

The Division of Elections uses an Optical Scan and Touch Screen ballot tabulation system. Pre-printed stickers with candidates' names may not be used on the ballot. [6AAC 25.070 (a)]

The Director of the Division of Elections prepares all official ballots to facilitate fairness, simplicity, and clarity in the voting procedure, to reflect most accurately the intent of the voter, and to expedite the administration of elections. With respect to write-in candidates, Alaska law requires a provision to be made for voting for write-in candidates within each section of the official ballot of the General Election. (AS 15.15.030)

The candidate must check with the Federal Election Commission for financial reporting requirements.

Arizona

The candidate must submit the following to the Secretary of State's Election Office:

Required Document: A Nomination Paper / Affidavit of Qualification for the presidential candidate.

Required Document: A Nomination Paper / Affidavit of Qualification for the vice-presidential candidate.

Required Document: A Write-In Candidate Presidential Elector Nomination Paper / Affidavit of Qualification for each of 10 electors who must be residents of the state of Arizona.

4) A cover sheet on which the presidential candidate designates in writing that he is running for President, who his vice-presidential running mate is, and the names of the 10 presidential electors that are pledged to him. This cover sheet should also reference that the nomination papers for the presidential candidate, the vice-presidential candidate and each of the 10 electors are enclosed.

Here is an official information sheet from the Arizona Secretary of State's Election Office.

ALL NOMINATION PAPERS MUST BE NOTARIZED

The deadline is September 25, 2008 5:00 PM

Mary C. Fontes

Election Office Manager

Arizona Secretary of State

1700 W. Washington Street, 7th Floor

Phoenix, Arizona 85007-2888

Arkansas

NO WRITE-IN PRESIDENTIAL CANDIDATES ALLOWED.

The Arkansas Secretary of State's Elections Division Webster says this:
"Write-in Candidates
Write-in candidates are not allowed in presidential, municipal, or primary elections. [ACA §§7-5-525, 7-8-302, 14-43-202]"
www.arkansas.gov/sbec/pdfs/2007-Handbook-Final.pdf
It turns out that none of those election codes referenced actually contain any language referring to write-in candidates for President. Furthermore, the election law regarding write-in candidacy has remain unchanged since at least the early 70s. However, there is legal precedent for Arkansas allowing write-in presidential candidates in at least 1972, for Schmitz/Anderson of the American Party, and 1976, for Eugene McCarthy.
“American Party Loses Bid for Ballot Spot” Northwest Arkansas Times 1972
“Eugene McCarthy”
Northwest Arkansas Times 1976
when asked about this, the legal counsel of the Arkansas Secretary of State's office was not impressed. It did not seem to matter to him that 1) Arkansas is among only a small handful of states that is currently not allowing write-in Presidential candidates, or 2) that there is a precedent in Arkansas for allowing write-in presidential candidates. The question put to him was: if the law has remained unchanged since 1972, why is it that the Arkansas Secretary of State allowed Schmitz-Anderson to qualify as a write-in Presidential ticket in 1972 in Arkansas, and Eugene McCarthy to qualify as a write-in Presidential candidate in 1976 ... and yet now is saying that presidential write-ins are not allowed?
In South Carolina, the prohibition of write-in presidential candidates is actually spelled out clearly in their election laws, but there is nothing of the sort in Arkansas. There is in fact clear precedent, and a strong national context for allowing Presidential write-ins in Arkansas, but they are not being allowed.

California

A candidate must file the following with the California Secretary of State’s Office by October 21, 2008:

Required Document: A “Statement of Write-In Candidacy for President of the United States” form.

Required Document: 55 “Declaration of Write-In Candidacy Presidential Elector” forms, each of which must be notarized.

The declarations of write-in candidacy must be filed with the Secretary of State in person or by mail. Please send your documents to:

Office of the California Secretary of State
Elections Division
ATTN: Candidates & Elections
1500 11th Street, 5th Floor
Sacramento, CA 95814

Please indicate on the envelope “Declaration of Write-In Candidacy.” The Declarations of Write-In Candidacy must be received by the Secretary of State no later than October 21, 2008 (E-14). § 8652