§ 26-7-127. Rules governing counting.  


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  • The following rules shall govern the counting and recounting of votes:

    1.  If the name of any person is written on a ballot, the name shall not be counted;

    2.  A valid vote shall be any mark prescribed by the Secretary of the State Election Board made by voters indicating the voter's choice of party, candidate or issue on a ballot.  Such marking shall be hereinafter referred to as "valid markings".  Such valid markings located otherwise on the ballot shall not be counted;

    3.  Marks used to designate the intention of the voter, other than those herein defined as valid markings, shall not be counted;

    4.  Failure to properly mark a ballot as to one or more candidates or questions shall not of itself invalidate the entire ballot if the same has been properly marked as to other candidates or questions;

    5.  A valid marking marked for a political party shall be counted as a vote for each of the political party's candidates on that ballot, except that a valid marking marked for a candidate's name shall take precedence, for that office, over a valid marking for a political party.  Provided, further, that if valid markings are marked for more than one political party on a ballot, the ballot shall not be counted for any party offices thereon; and

    6.  Any ballot or part of a ballot on which it is impossible to determine the voter's choice of candidate shall be void as to the candidate or candidates thereby affected.

Added by Laws 1974, c. 153, § 7-127, operative Jan. 1, 1975.  Amended by Laws 1978, c. 57, § 2, emerg. eff. March 17, 1978; Laws 1983, c. 171, § 11, emerg. eff. June 6, 1983; Laws 1991, c. 321, § 23, eff. March 1, 1992; Laws 2010, c. 189, § 16, eff. Jan. 1, 2011.