November 18, 2009 17:03

The author's analysis of the opinion is not exactly correct. More than likely, at least four members of the county election commission would find that "Hannah Montana" is misleading, given that it is not her - Miley Cyrus's - birth or legal name. Having "Hannah Montana" on a ballot would probably lead people to believe they were voting for the character that is played on the show. Even if Miley Cyrus legally changed her name to "Hannah Montana," the election commission might still consider it misleading and require further identifying information.
Also, the author gets another thing wrong: The Tennessee Attorney General did not consider the question of a name on a ballot other than birth or legal name, but considered only whether a name other than a birth name would be allowed on a ballot. The Tennessee Attorney General merely cites a case that distinguishes between what a birth and legal name are. Although a person might not use either their birth or legal name on a ballot, the name used might or might not be acceptable, depending on whether the name is misleading or confusing; such cases would probably include "Hannah Montana."

Tim S.

November 18, 2009 17:07

The author's analysis of the opinion is not exactly correct. More than likely, at least four members of the county election commission would find that "Hannah Montana" is misleading, given that it is not her - Miley Cyrus's - birth or legal name. Having "Hannah Montana" on a ballot would probably lead people to believe they were voting for the character that is played on the show. Even if Miley Cyrus legally changed her name to "Hannah Montana," the election commission might still consider it misleading and require further identifying information.
Also, the author gets another thing wrong: The Tennessee Attorney General did not consider the question of a name on a ballot other than birth or legal name, but considered only whether a name other than a birth name would be allowed on a ballot. The Tennessee Attorney General merely cites a case that distinguishes between what a birth and legal name are. Although a person might not use either their birth or legal name on a ballot, the name used might or might not be acceptable, depending on whether no less than four members of the county election commission vote that the name is misleading or confusing; such cases would probably include "Hannah Montana."

Tim S.