Section 3-177-752 - Electronic voting systems; marksense voting system; disposition of marks(a) As noted in HAR § 3-177-454, the voter, shall properly mark the ballot in the manner and color of ink, softness of pencil graphite, or other manner as described by the instructions prescribed by the-chief election officer.(b) A mark made in the manner indicated in subsection (a) shall be considered a "proper mark" and counted by a properly functioning voting system as a vote.(c) A mark made, outside of the voting position, will be considered an "improper mark" and will not be counted by a properly functioning voting system as a vote.(d) A "marginal mark" involves a mark in the voting position area in which the voter may have used an improper marking device or did not completely fill in the voting position area as instructed. As indicated by its name, such marks are marginal. The disposition of a marginal mark as to whether it will be counted as a vote will be based on whether a properly functioning voting system has read the mark as a vote. A marginal mark will be read by the voting system as a vote under two circumstances: (1) The vote counting system has been tested pursuant to HAR § 3-177-7.04 and it has determined that the mark has met the threshold of the system for a vote; or(2) The voting system in using an algorithm or similar process to eliminate false overvotes caused by pen rests, dirt, or other small marks on the ballot, determines that the mark is in fact a vote. (A) The use of such an algorithm will be determined, by the chief election officer prior to the election and the official observers will be able to test the vote counting system to ensure it is working properly; and(B) The chief election officer may authorize such an algorithm to be used in conjunction with the processing of ballots at the counting center or at a voter service center. However, the chief election officer may elect to only authorize it in certain settings. For example, situations in which the voter does not have the benefit of an in-person voting system to inform them of a possible voting error on the ballot that they could address before the ballot is cast.[Eff JUL 26 2020] (Auth: HRS §§ 11-4, 52 USC § 21081) (Imp: HRS §§ 11-104, 11-108, 16-2, 16-41 through 16-47, 52 USC 21081)