§ 4.70.040. Rules for counting hand-marked ballots.

A.

The election board shall count hand-marked ballots according to the following rules:

1.

A voter may mark his ballot with a cross mark, "X" mark, diagonal, horizontal or vertical mark, solid mark, star, circle, asterisk, check or plus sign using the marking device provided at the polling place or with any black-inked marker. The marks will be counted only if they are clearly spaced in the square opposite the name of the candidate the voter desires to designate.

2.

A failure to properly mark a ballot as to one or more candidates does not itself invalidate the entire ballot.

3.

If a voter marks fewer names than there are persons to be elected to the office, a vote shall be counted for each candidate properly marked.

4.

If a voter marks more names than there are persons to be elected to the office, the votes for candidates for that office shall not be counted.

5.

The mark specified in subsection 1 of this section shall be counted only if it is substantially inside the square provided, or touching the square so as to indicate clearly that the voter intended the particular square marked.

6.

Improper marks on the ballot shall not be counted and shall not invalidate marks for candidates properly marked.

7.

An erasure or correction invalidates only that section of the ballot in which it appears.

B.

The rules set out in this section are mandatory and there shall be no exceptions to them. A ballot may not be counted unless marked in compliance with these rules.

(Ord. No. 2002-17, § 7, 6-4-02; Ord. No. 94-08, § 1(part), 1994; Ord. No. 84-28, § 1(part), 1984)