Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This amendment removes the term
"cards."
(1) The election
authority shall be responsible for insuring that the standards provided for in
this rule are followed when counting ballots cast using optical scan voting
systems.
(2) Prior to tabulating
ballots all machines shall be programmed to reject blank ballots where no votes
are recorded, or where an overvote is registered in any race.
(A) In jurisdictions using precinct-based
tabulators, the voter who cast the ballot shall review the ballot if rejected,
to determine if he/she wishes to make any changes to the ballot or if he/she
would like to spoil their ballot and receive another ballot.
(B) In jurisdictions using centrally based
tabulators, if a ballot is so rejected, it shall be reviewed by a bipartisan
team using the following criteria:
1. If a
ballot is determined to be damaged, the bipartisan team shall spoil the
original ballot and duplicate the voter's intent on the new ballot, provided
that there is an undisputed method of matching the duplicate ballot with its
original after it has been placed with the remainder of the ballots from that
precinct; and
2. The provisions of
sections (3), (4), (5), and (6) of this rule.
(3) The following marks shall be considered
expressions of voter intent:
(A) Any ballot
which is properly marked in the target area, as specified by the ballot
instructions.
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(B) 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.
(C) The target area next to a candidate or
issue preference is circled.
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(D) There
is a distinguishing mark in the target area next to a candidate or issue
preference including but not limited to the following examples:
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(E) The
name of a candidate or issue preference is circled.
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(F) In the
event that there are distinguishing marks for two (2) or more candidates,
clarified by an additional mark or marks that appear to indicate support, the
ballot shall be counted as a vote for the candidate with the additional,
clarifying marks.
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(4) If a voter marks more candidates than
there are positions to be elected for that office, without any additional
clarifying marks, the marks do not constitute a valid vote for any candidate in
that race and the ballot shall be deemed an overvote.
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(5) In
jurisdictions using optical scan systems, a valid vote for a write-in candidate
must include the following:
(A) A
distinguishing mark in the target area next to the name of the
candidate;
(B) The name of a
qualified write-in candidate. If the name of the candidate, as written by the
voter, is substantially as declared by the candidate it shall be counted, or in
those circumstances where the names of candidates are similar, the names of
candidates as shown on voter registration records shall be counted;
and
(C) The name of the office for
which the candidate is to be elected.
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(6) If a voter designates a vote for a named
candidate on the ballot and also provides for a write-in candidate in the same
race it shall be treated as follows:
(A) If a
voter designates a vote for a named candidate on the ballot and writes in the
same candidate in the write-in area, the vote shall count for that candidate.
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(B) If a
voter designates a vote for a named candidate on the ballot and writes in the
name of a qualified write-in candidate or the name of a different named
candidate on the ballot in that race and makes a distinguishing mark in the
target area next to the name of the write-in candidate, it shall be considered
an overvote with neither candidate receiving credit for the vote.
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(C) If a
voter designates a vote for a named candidate on the ballot and writes in the
name of a person who is not a qualified write-in candidate and not a named
candidate on the ballot in that race, it shall be considered a vote for the
named candidate.
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(7) Whenever a hand recount of votes of
optical scan ballots is ordered, the provisions of this rule shall be used to
determine voter intent.
*Original authority: 115.225, RSMo 1977, amended 1993,
1995, 2002.
