(1) Lever-type Voting Machines. A vote cast
on a lever-type voting machine shall be the choice made by a voter by either
operating the lever adjacent to the name of the candidate or answer to a
question for which the voter desires to vote or by writing of the name of a
qualified write-in candidate on the machine in accordance with the instructions
for voting on the voting machine and then recording such votes on the machine
by the actuation of the main lever which casts such votes and returns the other
levers to their original positions.
(2) Optical Scan Voting Systems.
(a) A vote cast on an optical scan ballot
marked by hand shall be the choice made by a voter by either:
1. Filling in the oval adjacent to the name
of the candidate or answer to a question for which the voter desires to vote;
or
2. Filling in the oval adjacent
to the appropriate write-in space and writing the name of a qualified write-in
candidate in the appropriate space on the ballot as specified in the
instructions for voting such ballot.
(b) In reviewing an optical scan ballot
marked by hand which has been rejected as containing an overvote in accordance
with O.C.G.A. §
21-2-483(g)(2),
if the voter filled-in the oval next to the name of a candidate whose name
appears on the ballot and filled-in the oval adjacent to the write-in space and
wrote the name of the same candidate in the write-in space for the same office,
the properly cast vote shall be counted and the write-in vote shall be
ignored.
(c) If, in reviewing an
optical scan ballot marked by hand which has been rejected as containing an
overvote in accordance with O.C.G.A.§
21-2-483(g)(2),
it appears that there is a properly cast vote and what is clearly a stray mark
which has caused the ballot scanner to read the vote for such office as an
overvote, the properly cast vote shall be counted and the stray mark shall be
ignored.
(d) If, in reviewing an
optical scan ballot marked by hand which has been rejected as containing an
overvote in accordance with O.C.G.A. §
21-2-483(g)(2), a
voter marks his or her ballot in a manner other than that specified by law and
this rule, the votes shall be counted if, in the opinion of the vote review
panel as provided in O.C.G.A. §
21-2-483(g)(2)(B),
the voter has clearly and without question indicated the candidate or
candidates and answers to questions for which such voter desires to
vote.
(e) If, in reviewing an
optical scan ballot marked by hand, a discrepancy is found between the voter's
mark on the ballot that clearly and without question indicated the voter's
intent and the result tabulated by the ballot scanner, the voter's mark shall
control and be counted. Nothing herein shall be deemed to disallow the use of
ballot scanners for tabulation of ballots.
(f) When an optical scan ballot marked by
hand contains stray marks or marks which prevent the ballot scanner from
properly recording valid votes as determined under this rule and by law, the
ballot shall be duplicated in accordance with law to correct such problems and
the duplicate shall then be tabulated.
(g) In lieu of manually duplicating a ballot
pursuant to paragraph (e), the manual review of ballots with overvotes by vote
review panels pursuant to O.C.G.A. §
21-2-483(g)may be
done by reviewing a digital image of the ballot and electronically adjudicating
the intent of the voter, if such determination is recorded on the digital image
of the ballot.
(h) A vote cast on
an optical scan ballot marked by an electronic ballot marker shall be the
choices indicated by the printed paper ballot.
(i) When an optical scan ballot marked by an
electronic ballot marker contains marks added, in addition to what was printed
by the electronic ballot marker, the additional marks shall be
ignored.
(j) If, in reviewing an
optical scan ballot marked by an electronic ballot marker in accordance with
O.C.G.A. §§
21-2-495 or
21-2-498, a discrepancy is found
between the voter's choice indicated by the printed text on the ballot and the
result tabulated by the ballot scanner, the printed text shall control and be
counted. Nothing herein shall be deemed to disallow the use of ballot scanners
for tabulation of ballots.
(k)
Ballot scanners that are used to tabulate optical scan ballots marked by hand
shall be set so that:
1. Detection of 20% or
more fill-in of the target area surrounded by the oval shall be considered a
vote for the selection;
2.
Detection of less than 10% fill-in of the target area surrounded by the oval
shall not be considered a vote for that selection;
3. Detection of at least 10% but less than
20% fill-in of the target area surrounded by the oval shall flag the ballot for
adjudication by a vote review panel as set forth in O.C.G.A.
21-2-483(g). In
reviewing any ballot flagged for adjudication, the votes shall be counted if,
in the opinion of the vote review panel, the voter has clearly and without
question indicated the candidate or candidates and answers to questions for
which such voter desires to vote.