Current through Register Vol. 50, No. 6, March 17, 2025
PURPOSE: This rule provides for standards to
be used by election authorities when counting ballots cast using paper
ballots.
(1) The
election authority shall be responsible for insuring that the standards
provided for in this rule are followed when counting ballots cast using paper
ballots.
(2) The following marks
shall be considered expressions of voter intent:
(A) Any ballot which is properly marked, as
specified by the ballot instructions, in the target area.
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(B) The
target area next to a candidate or issue preference is circled.
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(C) 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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(D) The
name of a candidate or issue preference is circled.
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(E) 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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(3) 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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(4) In
jurisdictions using paper ballots, 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.
(C) The name of the office for which the
candidate is to be elected.
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(5) 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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(6) Whenever a hand recount of votes of paper
ballots is ordered, the provisions of this rule shall be used to determine
voter intent.
AUTHORITY:
section 115.225, RSMo Supp. 2005.*
Original rule filed Aug. 8, 2001, effective March 1, 2002. Emergency rescission
filed Feb. 2, 2006, effective Feb. 18, 2006, expired Aug. 16, 2006. Emergency
rule filed Feb. 2, 2006, effective Feb. 18, 2006, terminated April 30, 2006.
Emergency rule filed April 20, 2006, effective April 30, 2006, expired Aug. 16,
2006. Rescinded and readopted: Filed Feb. 2, 2006, effective July 30,
2006.
