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This entry was published on 2019-11-01
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SECTION 9-112
Canvass ballots; validity of ballot
Election (ELN) CHAPTER 17, ARTICLE 9, TITLE 1
§ 9-112. Canvass ballots; validity of ballot. 1. The whole ballot is
void if the voter (a) does any act extrinsic to the ballot such as
enclosing any paper or other article in the folded ballot or (b) defaces
or tears the ballot except that a ballot card which is in perforated
sections shall not be void because it has been separated into sections
or (c) makes any erasure thereon or (d) makes any mark thereon other
than a cross X mark or a check V mark in a voting square, or filling in
the voting square, or (e) writes, other than in the space provided, a
name for the purpose of voting; except that an erasure or a mark other
than a valid mark made in a voting square shall not make the ballot
void, but shall render it blank as to the office, party position or
ballot proposal in connection with which it is made. No ballot shall be
declared void or partially blank because a mark thereon is irregular in
form. The term "voting square" shall include the voting space provided
for a voter to mark his or her vote for a candidate or ballot proposal.

2. A cross X mark or a check V mark, made by the voter, in a voting
square at the left of a candidate's name, or the voter's filling in such
voting square, shall be counted as a vote for such candidate.

3. A vote shall be counted for a person whose name is written in under
the title of an office or party position only if such name is written by
the voter upon the ballot in the proper space provided therefor and only
if such name is not printed under the title of such office or position.
A voting mark before or after such written in name shall not invalidate
the vote.

4. If, in the case of a candidate whose name appears on the ballot
more than once for the same office, the voter shall make a cross X mark
or a check V mark in each of two or more voting squares before the
candidate's name, or fill in two or more such voting squares only the
first vote shall be counted for such candidate. If such vote was cast
for the office of governor, such vote shall not be recorded in the tally
sheet or returns in a separate place on the tally sheet as a vote not
for any particular party or independent body.

5. If a voter makes a cross X mark or a check V mark in a voting
square following the word "Yes" or the word "No", before a ballot
proposal, or fills in such square, such mark shall be counted in the
affirmative or negative, as so indicated.

6. If the voter marks more names than there are persons to be elected
or nominated for an office, or elected to a party position, or makes a
mark in a place or manner not herein provided for, or if for any reason
it is impossible to determine the voter's choice of a candidate or
candidates for an office or party position or his or her vote upon a
ballot proposal, his or her vote shall not be counted for such office or
position or upon the ballot proposal, but shall be returned as a blank
vote thereon.