Current through Register Vol. 49, No. 2, February 2024
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)
Issue area - the
area(s) on or between the lines separating issues.
(c)
Marking device -
any approved device for marking a paper ballot with ink or other substances
that will enable votes to be tabulated by means of an electronic vote
tabulating device.1 Paper ballots counted by hand
shall be marked using permanent ink.2 If electronic
vote tabulating devices are used to count paper ballots, the marking instrument
recommended by the manufacturer of the devices for proper marking shall be
used.3
(d)
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.
(e)
Paper ballot- a
paper vote sheet that is either counted by hand or by use of electronic vote
tabulating devices. 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."
(f)
Properly marked
- A paper ballot in which the appropriate box is marked with an "x" or a
"[TICK] ," 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.
(g)
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.
(h)
Under-vote - no vote is recorded for a contest.
§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 a precinct electronic vote tabulating device and the
prescribed counting machine will not accept an individual ballot during
tabulating,
* when using an electronic vote tabulating device at a
centralized counting location and the prescribed counting machine will not
accept an individual ballot, or
* when counting paper ballots by hand.
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) shall be counted as a vote for the top ranked candidate.
Vote to be counted for Jack Benny in all
cases:
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
§ 302
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-voted contest.
1Arkansas Code Annotated §
7-1-101(14)
2Arkansas Code Annotated §
7-5-212
3Arkansas Code Annotated §
7-5-211(a)(2)(H)
4Arkansas Code Annotated §
7-5-315(4)
5 Arkansas Code Annotated §
7-5-315(2)
6Arkansas Code Annotated §
7-5-205(2)
