Current through Register Vol. 49, No. 2, February 2024
Scope of Rules
These rules and regulations set forth the procedures for
determining voter intent. These rules are subject to revisions due to the use
of new types of equipment and/or ballot formats, or changes in laws and are in
addition to and not a substitute for the laws of the State of Arkansas.
§300
Definitions
(a)
Candidate area -
the area(s) on or between the lines separating candidate names.
(b)
Chad - the small
piece of a vote card that, when removed in the voting process, leaves a hole
that is recognizable by automatic tabulating equipment.
(c)
Issue area - the
area(s) on or between the lines separating issues.
(d)
Marking device -
any approved device for marking a paper ballot with ink or other substances
that will enable votes to be tabulated by hand or by means of automatic
tabulating equipment.1 Paper ballots counted by hand
shall be marked using permanent ink.2 If automatic
tabulating equipment is used to count paper ballots, the marking instrument
recommended by the manufacturer of the equipment for proper marking shall be
used.3
(e)
Over-vote - A
voter casts votes for more than the allowable number of candidates in a contest
or casts votes both for and against an issue in a contest.
(f)
Paper ballot - a
paper vote sheet that is either counted by hand or by use of automatic
tabulating equipment. The paper ballot could include instructions such as "mark
the appropriate box with an 'x' or a check," "blacken the oval completely,"
"connect lines," or "connect arrows."
(g)
Partially punched vote
card - A vote card with chad(s) in which only one (1) corner is
broken or separated from the card.
(h)
Properly marked
- A paper ballot in which the appropriate box is marked with an "x" or a " ' ,"
the oval is completely blackened, or the incomplete line or arrow is connected,
and the voter has not cast votes for more than the allowable number of
candidates in a contest or cast votes both for and against an issue in a
contest.
(i)
Properly
punched vote card - A vote card with chad(s) completely separated
or with chad(s) in which two (2) or more corners are broken or separated from
the card, and the voter has not cast votes for more than the allowable number
of candidates in a contest or cast votes both for and against an issue in a
contest.
(j)
Target
area - the square next to the candidate's name or issue on the
paper ballot, the oval next to the candidate's name or issue on the paper
ballot, the incomplete line next to the candidate's name or issue on the paper
ballot, or the incomplete arrow next to the candidate's name or issue on the
paper ballot.
(k)
Under-vote - no vote is recorded for a contest.
(l)
Vote
card - a card upon which the voter casts his votes by the process
of punching or marking.
§301
Paper Ballots
The following standards shall apply in determining whether a
ballot has been properly voted and whether a vote should be counted for any
contest in question:
* when ballots are not scanned in the presence of the voter due
to malfunction of precinct tabulating equipment and the prescribed counting
machine will not accept an individual ballot during tabulating,
* when using automatic tabulating equipment at a centralized
counting location and the prescribed counting machine will not accept an
individual ballot, or
* when counting paper ballots by hand.
A. The following instructions assume a
single-seat office, that is, the voter is only permitted to vote for one (1)
candidate per contest.
1. Any ballot that is
properly marked, as specified by the ballot instructions, in the target area
for one (1) candidate or issue per contest shall be counted as a vote for that
candidate or issue.
Votes to be counted:
Click here
to view image
2.
Any ballot that is properly marked with any device other than the approved
marking device which prevents a machine count, shall be counted as a
vote.
3. Any ballot with identical
marks for more than one (1) candidate or issue per contest, without additional
clarifying marks, shall be deemed an over-vote, and no vote shall be
counted.4
Votes NOT counted:
Click here
to view image
4.
Any ballot with marks for more than one (1) candidate per contest, where the
names for all but one (1) candidate are stricken through, shall be counted for
the one (1) candidate whose name was not stricken.
Vote to be counted (for candidate not
stricken through):
Click here
to view image
5.
Any ballot with identical marks for more than one (1) candidate per contest,
clarified by an additional mark or marks that indicate support for a single
candidate, shall be counted as a vote for the candidate with the additional
clarifying marks.
Votes to be counted (for candidate with additional
clarifying mark):
Click here
to view image
6.
Any ballot that has any mark in the target area or candidate or issue area for
one (1) candidate or issue only, including circling the target area and/or the
candidate's name or issue or making a mark through the target area or
candidate's name or issue, provided no other candidate for that office or issue
is similarly marked, shall be counted as a vote for that candidate or issue,
unless the mark is clearly a negative comment.
a.
Votes to be counted:
Click here
to view image
7. Any ballot that has a mark in the target
area or candidate or issue area for one (1) candidate or issue, which partially
extends into one (1) or more other target areas or candidate or issue areas
shall be counted as a vote for the candidate or issue so marked only if it is
readily apparent that most of the mark is in that candidate or issue area or
target area.
Votes to be counted:
Click here
to view image
8.
Any ballot that has a mark in the target area or candidate or issue areas for
one (1) candidate or issue and on which other marks in the target area or
candidate or issue areas for any other candidates or issues have been partially
erased, scratched out, or otherwise removed, shall be counted as a vote for the
candidate or issue for which the mark was not erased, scratched out, or
otherwise removed.
Votes to be counted:
Click
here to view image
9. Any ballot in which writings or remarks
appear to be ranking the candidates (letters, numbers, +/-, etc.) shall not be
considered valid marks, and shall not be counted as a vote.
Vote NOT counted:
Click here
to view image
10. Any
ballot with positive or negative writings or remarks regarding one (1) or more
candidates or issues, shall not be counted as a vote for that contest, unless
clarified by an additional mark or marks that indicate support for a single
candidate.
Votes NOT counted:
Click
here to view image
Votes to be counted:
Click
here to view image
11. Any ballot on which the voter casts a
vote on the ballot and writes in a different,
qualified candidate in the write-in area shall be considered an
over-vote for that contest and neither vote shall be counted.
Votes NOT counted:
Click
here to view image
12. No write-in vote may be counted unless
the name of the write-in candidates shall have been written on the ballot in
the handwriting of the person casting the
vote.5
13. Any abbreviation, misspelling, or other
minor variation in the form of the name of a candidate must be disregarded in
determining the validity of the ballot if it can reasonably be determined that
the write-in vote is for a write-in candidate who has qualified for that
office.6
B. The following instructions assume
multi-seat offices, that is, the voter is permitted to vote for more than one
(1) candidate per contest.
1. If a voter casts
votes for fewer candidates in a contest than are allowable, a vote shall be
counted for those candidates adequately marked for that contest.
2. If a voter casts votes for more candidates
in a contest than are allowable, the contest shall be considered an over-vote
and not counted.7
§302
Punch Card Ballots
Where punch card voting devices are used and the prescribed
counting machine will not accept an individual ballot, the following standards
shall apply in determining whether a ballot has been properly voted and whether
a vote should be counted for any contest in question.
A. The following instructions assume a
single-seat office, that is, the voter is only permitted to vote for one (1)
candidate or issue per contest.
1.
Depressions, dimples, indentations, or other marks on the vote card shall be
considered inadequate markings and shall not be counted as a vote.
2. A vote card with chad(s) in which only one
corner is broken or separated from the card shall be considered partially
punched and shall not be considered a vote for that contest.
3. A vote card with chad(s) in which two (2)
or more corners are broken or separated from the card shall be considered
properly punched and shall be considered a vote and counted for that
contest.
4. A vote card with one
(1) candidate properly punched and one (1) candidate partially punched shall be
considered a vote for the properly punched candidate and counted for that
contest.
5. A vote card with more
than one (1) candidate properly punched shall be considered an over-vote, and
no vote shall be counted for that
contest.8
6. Any ballot in which the entire ballot is
marked in a manner preventing a machine count shall be counted as a vote if the
markings clearly and consistently indicate which candidate the voter
supports.
B. The
following instructions assume multi-seat offices, that is, the voter is
permitted to vote for more than one (1) candidate per contest.
1. If a voter casts votes for fewer
candidates in a contest than are allowable, a vote shall be counted for those
candidates properly punched for that contest.
2. If a voter casts votes for more candidates
in a contest than are allowable, the contest shall be considered an over-vote
and not counted.9
§ 303
Direct Recording Electronic
Voting System
This voting system is programmed to prevent a voter from voting
for more than the maximum allowable number of candidates in any one (1) contest
preventing the voter from over-voting any contest on the ballot. The voter is
alerted of any under-votes during the final ballot review process.
§ 304
Lever Voting
Machines
Upon entering the voting booth and selecting candidates by means
of pulling the lever corresponding to the candidate's name and pulling the
curtain lever, the vote is automatically recorded preventing any audit trail
recording of an individual voter's intent.
1 Arkansas Code Annotated §
7-1-101(14)
2 Arkansas Code Annotated §
7-5-212
3 Arkansas Code Annotated §
7-5-211(a)(2)(H)
4 Arkansas Code Annotated §
7-5-315(4)
5 Arkansas Code Annotated §
7-5-315(2)
6 Arkansas Code Annotated §
7-5-205(2)
7 Arkansas Code Annotated §
7-5-315(4)
8 Arkansas Code Annotated §
7-5-315(4)
9Arkansas Code Annotated §
7-5-315(4)
