Rules & Regulations of the State of Tennessee
Title 1360 - Department of State
Subtitle 1360-02 - Elections
Chapter 1360-02-12 - Electronic Vote Counting (Optical Scan) Systems Rules and Regulations
Section 1360-02-12-.05 - GENERAL AUTHORIZATION FOR ELECTRONIC VOTE COUNTING

(1) Ballot Form - The ballots to be counted by automatic vote counting system may be of size, composition, texture, but shall be printed in any black ink that will be suitable for use in the automatic vote counting equipment in which they are intended to be placed.

(2) Ballot Printing - The ballots shall contain printed or punched code marks necessary for distinguishing ballot types and combinations. Other spaces on the ballot for legally required signatures or other official printing or stamping must be positioned so that such signatures, printing or stamping will not interfere with the automatic vote counting system's ability to count the votes.

(3) Ballot Printing Format - The ballot may be divided into parts and printed on both sides. Where all candidates and propositions cannot be placed on the front face of the ballot, the candidates and propositions may be carried on both the front and back face of the ballot. If all candidates and propositions cannot be placed on the front and back of one ballot, the ballot material may be divided into suitable parts. If more than one ballot is used, the first ballot may contain a statement that other matters to be voted on appear on another ballot. The names of all candidates for the same office must be printed on the same ballot card. In primaries, each candidate listed alphabetically according to first letter of surname. In general elections, majority party nominees, minority party nominees, followed by independent.

(4) Absentee Voting - The automatic vote counting system may be used in counting votes from ballots resulting from absentee voting either by personal appearance or by mail or both with the procedures for vote tabulation subject to the following:

(5) Ballot Duplicates - Ballots which cannot be read on the automatic vote counting system, for any reason, may be duplicated on another blank ballot by making a true machine readable copy of the original ballot following the intention of the voter insofar as it can be ascertained from the defective ballot and from which the votes can be counted by the automatic vote counting system. All duplicate ballots shall be clearly labeled as a "duplicate" and shall bear a serial number which shall also be recorded on the defective ballot as well.

(6) Sample Ballots and Instructions - The county election holding the election shall provide sample ballots and printed instructions in accordance with the general election laws of the state but printed so as to prevent the inadvertent use of the sample ballot as an official ballot.

(7) Casting of Votes - Instructions are to be given to voters that to cast a vote, a voter must fill in the voting position opposite his choice or choices with the marking device provided. Further, if a voter "writes-in" a name, the voting position opposite the "write-in" name must also be filled with the marking device for the "write-in" vote to be counted. Instruction on casting votes may be printed on each ballot as well as posted conspicuously at the polls. Failure to make a cross (X) or other mark will not invalidate the vote unless the will of the voter cannot be ascertained.