§ 28.80.050. Preparation and rules for electronically counting ballots.

A.

The election officials shall prepare facsimiles of all damaged, electronically transmitted, or other ballots that cannot be read by the machines. The facsimile ballots shall be suitable for machine tabulation. Ballot numbers shall be recorded in such a fashion to ensure that the accurate duplication of ballots can be verified at a later date. The facsimile ballots shall be processed in the same manner as other ballots.

B.

Ballot adjudication shall use the following rules:

1.

A vote shall be counted if the oval preceding the name of the candidate is wholly or partially filled-in.

2.

A failure to properly mark a ballot as to one or more candidates does not itself invalidate the entire ballot.

3.

If a voter marks fewer names than there are persons to be elected to the office, a vote shall be counted for each candidate properly marked.

4.

If a voter marks more names than there are persons to be elected to the office, the votes for candidates to that office shall not be counted. Marks for both a write-in and a candidate named on the ballot shall not be counted.

5.

Candidates, measures, and propositions marked with a strikethrough across the oval and name or answer shall be treated as indicating the voter's intent to not vote for the candidate, measure, or proposition so stricken:

a.

Voters: Do not sign or initial your ballot.

b.

All other overvotes shall not be counted as a vote for any candidate, measure, or proposition, regardless of markings or handwritten notes.

6.

The mark specified in 1. of this subsection shall be counted only if it is substantially inside the oval provided, or touching the oval so as to indicate clearly that the voter intended the particular oval to be designated.

7.

Improper marks on the ballots shall not be counted and shall not invalidate marks for candidates or propositions properly made.

8.

Except as provided in subsection 5., an erasure or correction invalidates that section of the ballot in which it appears.

9.

In order to vote for a write-in candidate, the voter must:

a.

Write in the candidate's name in the space provided;

b.

Mark the oval preceding the candidate's name in accordance with subsection A.1. of this section; and

c.

Not have marked ovals in excess of the number of offices available.

10.

A write-in vote shall not be counted:

a.

In a runoff election, or

b.

For a service area supervisory board candidate if the candidate does not meet the requirements of section 28.30.020.

11.

A sticker bearing a candidate's name may not be used on the ballot.

12.

If an equipment failure occurs, the municipal clerk shall determine where and how the ballots are to be counted. The ballot counting shall be done in accordance with the requirements of this chapter.

C.

The rules set out in this section are mandatory and there shall be no exceptions to them. A ballot or vote shall not be counted unless marked in compliance with these rules.

(GAAB 7.05.160—7.05.170; CAC 2.68.260; AO No. 85-75; AO No. 2001-43, § 4, 2-27-01; AO No. 2002-180, §§ 3—5, 3-24-03; AO No. 2013-130(S-1), § 6, 1-14-14; AO No. 2016-12, § 3, 1-26-16; AO No. 2017-29(S) , § 40, 6-1-17; AO No. 2018-4(S) , § 18, eff. retroactively 12-1-17)