(a) Paper Ballot Systems. Paper ballots are to be counted at the polling place. If a counting board is used, the counting begins at 9:30 a.m. or as soon after that as 25 ballots are in the box. If a single board is used, the ballot box is not opened and no counting occurs until after the poll is closed. In counting paper ballots, a ballot which is not signed by the two poll clerks is not counted at the polls. It is marked provisional and counted at canvass according to those procedures. A vote is counted for a candidate if the intention of the voter can be determined. The courts have given some basic guidance about this:
(1) The mark need not be an X in the box, but any mark which clearly shows the voter's choice must be counted.
(2) If two votes are cast for a single office, this is an over vote and both must be rejected.
(3) For write-in votes, the write-in vote must be placed on the face of the ballot; the write-in vote must include the name and the office:
(4) The intention of the voter shall be deemed to be clear if the write-in vote cast for an office contains both the first and last name of an official write in candidate for that office;
(5) If no two of ficial write-in candidates for an of fice share a first or last name, either the first name or last name alone shall be deemed to express the clear intention of the voter;
(6) The office intended may be shown by the position where the write in is placed or be specifically written in.
Stickers and stamps are acceptable means of making write-in votes.
(b) Electronic Ballot Systems. The ballot box is not opened at the polling place. When all ballots are inside, the opening is covered with a paper seal and returned to the central counting center, At the central counting center, the ballot box is opened and ballots in envelopes which do not contain write-in votes are separated and prepared for tabulation. Ballots containing write-in votes are handled according to proper procedures. Valid write-in votes are tallied and the ballot cards added to those ready for tabulation. The rules for counting write-ins are basically the same as those described above for paper ballots. The voter's intent must be considered when making a determination.
(Ord. 05-07. Passed 10-20-05.)