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.
§ 301 Paper BallotsThe following standards shall apply in determining whether a paper ballot has been properly marked and whether a vote should be counted for any contest in question:
* when paper 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 paper ballot during tabulating,
* when using an electronic vote tabulating device at a central counting location and the prescribed counting machine will not accept an individual paper ballot, or
* when counting paper ballots manually 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 paper 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. Vote to be counted:
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2. Any paper 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 paper 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.11Votes NOT counted:
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4. Any paper ballot with marks for more than one (1) candidate per contest, where the names for all but one (1) candidate are stricken, shall be counted for the one (1) candidate whose name was not stricken. Vote to be counted (Tor candidate not stricken):
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5. Any paper 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 paper ballot that has any mark in the target area or candidate or issue area for only one (1) candidate or issue, 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. 7. Any paper 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 paper 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 paper 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 paper 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 paper 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. Vote NOT counted:
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12. A write-in vote is not counted unless the name of the write-in candidates shall have been hand-written on the paper ballot.1213. Any abbreviation, misspelling, or other minor variation in the hand-written form of the name of a qualified write-in candidate must be disregarded if the intention of the voter can be reasonably determined. 1314. If a paper ballot is left at a voting booth or anywhere else in the polling site without being inserted by the voter into the ballot box before departing the polling site, a poll worker shall write "Abandoned" on the ballot and place it into an "Abandoned Ballot" envelope with a notation on the outside of the envelope of the circumstances surrounding the abandoned ballot. The ballot shall not be counted.1415. If a paper ballot that is fed by a voter into an electronic vote tabulating device is rejected by the device but is in the receiving part of the counter, and the voter has departed the polling site without instructing a poll worker to cancel or replace the ballot, then two (2) poll workers shall override warnings and complete the process of casting the ballot. The poll workers shall document the time they completed the process of casting the ballot, the name of the voter, the names of the poll workers completing the process, and all other circumstances surrounding the abandoned ballot.15§ 302 Direct Recording Electronic Voting MachineVoting machines are constructed to notify a voter when more than the maximum allowable number of selections in any one (1) contest are made, thus preventing the voter from over-voting any contest on the ballot. Voting machines can be programmed to alert the voter of any under-voted contest.16
If a voter fails to complete the process of casting an electronic ballot on a voting machine and departs the polling site without notifying a poll worker of his or her desire to cancel the ballot prior to departing, two (2) poll workers shall take action to complete the process of casting the ballot. The poll workers must document the time, the name of the voter, if known, the names of the poll workers completing the process of casting the ballot, and all other circumstances surrounding the abandoned ballot.17
1A.C.A. § 7-1-101(11), as amended by Acts 659, 959, and 1480 of 2009
2A.C.A. § 7-1-101(16), as amended by Acts 659, 959, and 1480 of 2009
3A.C.A. § 7-5-602(c), as amended by Act 1480 of 2009
4A.C.A. § 7-5-211(a)(2)(H)
5 A.C.A. § 7-5-603(2)(B), as amended by Act 1480 of 2009
6 A.C.A. § 7-5-208(b)(1), as amended by Act 1480 of 2009
7 A.C.A. § 7-5-601(d)(2), as amended by Act 1480 of 2009
8 A.C.A. § 7-5-601(e), as amended by Act 1480 of 2009 marking a vote for each act, amendment, or measure adjacent to and on the same line of each word.
9A.C.A. § 7-5-208(d), as amended by Act 1480 of 2009
10 A.C.A. § 7-1-101(33), as amended by Acts 659, 959, and 1480 of 2009
11A.C.A. § 7-5-603(2)(B), as amended by Act 1480 of 2009
12 A.C.A. § 7-5-205(4), as amended by Act 1480 of 2009
13 A.C.A. § 7-5-205(4), as amended by Act 1480 of 2009
14 A.C.A. § 7-5-309(g), as amended by Act 959 of 2009
15 A.C.A. § 7-5-309(h), as amended by Act 959 of 2009
16 A.C.A. § 7-5-504(9)
17 A.C.A. § 7-5-522(d), as amended by Act 959 of 2009