115.456. Responsibilities of election authority, counting punch card ballots--counting optical scan ballots--counting paper ballots--write-in stickers--marks indicating political party preference, how
Responsibilities of election authority, counting punch cardballots--counting optical scan ballots--counting paperballots--write-in stickers--marks indicating political partypreference, how construed.
115.456. 1. The election authority shall be responsible for ensuringthat the standards provided for in this subsection are followed whencounting ballots cast using punch card voting systems.
(1) Prior to tabulating ballots, all ballot cards shall be inspectedby the election authority for hanging chad and damaged ballots. Inspectionof ballot cards shall be conducted using the following guidelines:
(a) The election authority shall appoint a bipartisan team to inspectall ballots where a question exists about the condition of a ballot orexistence of a hanging chad;
(b) All ballot card inspections conducted under this section shall beconducted by examining the ballot card from the back of the card;
(c) If a ballot is determined to be damaged, the bipartisan teamshall spoil the original ballot and duplicate the voter's intent on the newballot, provided that there is an undisputed method of matching theduplicate card with its original after it has been placed with theremainder of the ballot cards from the precinct; and
(d) If a chad is determined to be hanging by two or less corners, itshall be removed prior to being tabulated.
(2) In jurisdictions using punch card systems, a valid vote for awrite-in candidate shall include the following:
(a) A distinguishing mark in the square immediately preceding thename of the candidate;
(b) The name of the candidate. If the name of the candidate aswritten by the voter is substantially as declared by the candidate it shallbe counted, or in those circumstances where the names of candidates aresimilar, the names of candidates as shown on voter registration recordsshall be counted; and
(c) The name of the office for which the candidate is to be elected.
(3) Whenever a hand recount of votes is ordered of punch cardballots, the provisions of this subsection shall be used to determine voterintent.
2. The election authority shall be responsible for ensuring that thestandards provided for in this subsection are followed when countingballots cast using optical scan voting systems.
(1) Prior to tabulating ballots, all machines shall be programmed toreject blank ballots where no votes are recorded or where an overvote isregistered in any race.
(2) In jurisdictions using precinct-based tabulators, the voter whocast the ballot shall review the ballot if rejected, if the voter wishes tomake any changes to the ballot, or if the voter would like to spoil theballot and receive another ballot.
(3) In jurisdictions using centrally based tabulators, if a ballot isso rejected it shall be reviewed by a bipartisan team using the followingcriteria:
(a) If a ballot is determined to be damaged, the bipartisan teamshall spoil the original ballot and duplicate the voter's intent on the newballot, provided that there is an undisputed method of matching theduplicate card with its original after it has been placed with theremainder of the ballot cards from such precinct; and
(b) Voter intent shall be determined using the following criteria:
a. There is a distinguishing mark in the printed oval or dividedarrow adjacent to the name of the candidate or issue preference;
b. There is a distinguishing mark adjacent to the name of thecandidate or issue preference; or
c. The name of the candidate or issue preference is circled.
(4) In jurisdictions using optical scan systems, a valid vote for awrite-in candidate shall include the following:
(a) A distinguishing mark in the designated location preceding thename of the candidate;
(b) The name of the candidate. If the name of the candidate aswritten by the voter is substantially as declared by the candidate it shallbe counted, or in those circumstances where the names of candidates aresimilar, the names of candidates as shown on voter registration recordsshall be counted; and
(c) The name of the office for which the candidate is to be elected.
(5) Whenever a hand recount of votes of optical scan ballots isordered, the provisions of this subsection shall be used to determine voterintent.
3. The election authority shall be responsible for ensuring that thestandards provided for in this subsection are followed when countingballots cast using paper ballots.
(1) Voter intent shall be determined using the following criteria:
(a) There is a distinguishing mark in the square adjacent to the nameof the candidate or issue preference;
(b) There is a distinguishing mark adjacent to the name of thecandidate or issue preference; or
(c) The name of the candidate or issue preference is circled.
(2) In jurisdictions using paper ballots, a valid vote for a write-incandidate shall include the following:
(a) A distinguishing mark in the square immediately preceding thename of the candidate;
(b) The name of the candidate. If the name of the candidate aswritten by the voter is substantially as declared by the candidate it shallbe counted, or in those circumstances where the names of candidates aresimilar, the names of candidates as shown on voter registration recordsshall be counted; and
(c) The name of the office for which the candidate is to be elected.
(3) Whenever a hand recount of votes of paper ballots is ordered, theprovisions of this subsection shall be used to determine voter intent.
4. When write-in stickers are used, the sticker shall contain thename of a candidate, the office sought, and a distinguishing mark in thesquare immediately preceding the name of the candidate and shall beapproximately one inch by three inches in size with black print on a whitebackground. The sticker shall be placed by the voter on the write-in linedesignating the office sought or the sticker shall be placed by the voteron the write-in line on the secrecy envelope.
5. Notwithstanding any other provision of law, a distinguishing markindicating a general preference for or against the candidates of onepolitical party shall not be considered a vote for or against any specificcandidate.
(L. 2006 S.B. 1014 & 730)