108.00.05 Ark. Code R. 004
Current through Register Vol. 49, No. 9, September, 2024
Rule 108.00.05-004 - Amendment to Rules for Voter IntentScope of Rules
These rules and regulations set forth the procedures for determining voter intent. These rules are subject to revisions due to the use of new types of equipment and/or ballot formats, or changes in laws and are in addition to and not a substitute for the laws of the State of Arkansas.
§300 Definitions(a)Candidate area - the area(s) on or between the lines separating candidate names.(b)Issue area - the area(s) on or between the lines separating issues.(c)Marking device - any approved device for marking a paper ballot with ink or other substances that will enable votes to be tabulated by means of an electronic vote tabulating device.1 Paper ballots counted by hand shall be marked using permanent ink.2 If electronic vote tabulating devices are used to count paper ballots, the marking instrument recommended by the manufacturer of the devices for proper marking shall be used.3(d)Over-vote - A voter casts votes for more than the allowable number of candidates in a contest or casts votes both for and against an issue in a contest.(e)Paper ballot- a paper vote sheet that is either counted by hand or by use of electronic vote tabulating devices. The paper ballot could include instructions such as "mark the appropriate box with an 'x' or a check," "blacken the oval completely," "connect lines," or "connect arrows."(f)Properly marked - A paper ballot in which the appropriate box is marked with an "x" or a "[TICK], " the oval is completely blackened, or the incomplete line or arrow is connected, and the voter has not cast votes for more than the allowable number of candidates in a contest or cast votes both for and against an issue in a contest.(g)Target area - the square next to the candidate's name or issue on the paper ballot, the oval next to the candidate's name or issue on the paper ballot, the incomplete line next to the candidate's name or issue on the paper ballot, or the incomplete arrow next to the candidate's name or issue on the paper ballot.(h)Under-vote - no vote is recorded for a contest. §301 Paper BallotsThe following standards shall apply in determining whether a ballot has been properly voted and whether a vote should be counted for any contest in question:
* when ballots are not scanned in the presence of the voter due to malfunction of a precinct electronic vote tabulating device and the prescribed counting machine will not accept an individual ballot during tabulating,
* when using an electronic vote tabulating device at a centralized counting location and the prescribed counting machine will not accept an individual ballot, or
* when counting paper ballots by hand.
The following instructions assume a single-seat office, that is, the voter is only permitted to vote for one (1) candidate per contest.
1. Any ballot that is properly marked, as specified by the ballot instructions, in the target area for one (1) candidate or issue per contest shall be counted as a vote for that candidate or issue. Votes to be counted:
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2. 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.3. Any ballot with identical marks for more than one (1) candidate or issue per contest, without additional clarifying marks, shall be deemed an over-vote, and no vote shall be counted.4Votes NOT counted:
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4. Any ballot with marks for more than one (1) candidate per contest, where the names for all but one (1) candidate are stricken through, shall be counted for the one (1) candidate whose name was not stricken. Vote to be counted (for candidate not stricken through):
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5. Any ballot with identical marks for more than one (1) candidate per contest, clarified by an additional mark or marks that indicate support for a single candidate, shall be counted as a vote for the candidate with the additional clarifying marks. Votes to be counted (for candidate with additional clarifying mark):
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6. Any ballot that has any mark in the target area or candidate or issue area for one (1) candidate or issue only, including circling the target area and/or the candidate's name or issue or making a mark through the target area or candidate's name or issue, provided no other candidate for that office or issue is similarly marked, shall be counted as a vote for that candidate or issue, unless the mark is clearly a negative comment. Click here to view image
7. Any ballot that has a mark in the target area or candidate or issue area for one (1) candidate or issue, which partially extends into one (1) or more other target areas or candidate or issue areas shall be counted as a vote for the candidate or issue so marked only if it is readily apparent that most of the mark is in that candidate or issue area or target area. Votes to be counted:
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8. Any ballot that has a mark in the target area or candidate or issue areas for one (1) candidate or issue and on which other marks in the target area or candidate or issue areas for any other candidates or issues have been partially erased, scratched out, or otherwise removed, shall be counted as a vote for the candidate or issue for which the mark was not erased, scratched out, or otherwise removed. Votes to be counted:
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9. Any ballot in which writings or remarks appear to be ranking the candidates (letters, numbers) shall be counted as a vote for the top ranked candidate. Vote to be counted for Jack Benny in all cases:
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10. Any ballot with positive or negative writings or remarks regarding one (1) or more candidates or issues, shall not be counted as a vote for that contest, unless clarified by an additional mark or marks that indicate support for a single candidate. Votes NOT counted:
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Votes to be counted:
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11. Any ballot on which the voter casts a vote on the ballot and writes in a different, qualified candidate in the write-in area shall be considered an over-vote for that contest and neither vote shall be counted. Votes NOT counted:
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12. No write-in vote may be counted unless the name of the write-in candidates shall have been written on the ballot in the handwriting of the person casting the vote.513. Any abbreviation, misspelling, or other minor variation in the form of the name of a candidate must be disregarded in determining the validity of the ballot if it can reasonably be determined that the write-in vote is for a write-in candidate who has qualified for that office.6§ 302 Direct Recording Electronic Voting SystemThis voting system is programmed to prevent a voter from voting for more than the maximum allowable number of candidates in any one (1) contest preventing the voter from over-voting any contest on the ballot. The voter is alerted of any under-voted contest.
1Arkansas Code Annotated § 7-1-101(14)
2Arkansas Code Annotated § 7-5-212
3Arkansas Code Annotated § 7-5-211(a)(2)(H)
4Arkansas Code Annotated § 7-5-315(4)
5 Arkansas Code Annotated § 7-5-315(2)
6Arkansas Code Annotated § 7-5-205(2)
108.00.05 Ark. Code R. 004