R 168.773 Preparation of program.

Rule 3. (1) A program must be written to accurately tabulate a voter’s choices for each candidate, office, and measure for which the voter is lawfully entitled to vote in conformity with the act and these rules. (2) The election commission responsible for the election shall provide necessary information to the county clerk to prepare the program. (3) The program for an election must be completed and provided to the election commission responsible for the election in a timely manner to allow for the preliminary accuracy test. (4) The vote tabulation portion of the program must be written as follows: (a) To reflect the rotation sequence of the candidates’ names as they appear on the ballot in the various precincts. (b) To count valid votes cast by a voter for candidates for an office. (c) To count valid votes cast by a voter for or against a proposal. (d) So as not to count votes cast by a voter for an office or question if the number of votes cast by a voter exceeds the number that the voter is entitled to vote for on that office or proposal. (e) To ignore marks on a ballot outside the target area. These marks must not have an effect on the ballot. (f) So that the partisan, nonpartisan, and proposal sections of the ballot are considered separate sections of the ballot. The action of a voter in 1 section of the ballot does not affect the voter’s action on another section of the ballot. (5) In addition to applicable requirements under subrule (4) of this rule, for a partisan primary election, the vote tabulation section of the program must be written as follows: (a) To count the votes when they are recorded by a voter for candidates of 1 political party, as in example 1. (b) To reject all votes cast in the partisan section of the ballot if votes are cast for candidates of more than 1 political party, as in example 2. Example 1: Count a vote for candidates A and C. Example 2: Count no votes. Example 1: Example 2: (6) In addition to applicable requirements under subrule (4) of this rule, for a partisan general election, the vote tabulation section of the program must be written as follows: (a) A vote must be counted for each candidate of the political party indicated by the voter’s straight ticket vote, if another vote does not appear on the partisan portion of the ballot, as in example 3. (b) A vote must not be counted if the voter has voted more than 1 straight ticket vote and another vote does not appear on the partisan section of the ballot, as in example 4. Example 3: Count a vote for candidates B and G. Example 4: Do not count a vote for candidates of any party. (c) When only 1 candidate is to be elected to an office and the voter has voted a straight party ticket and voted for individual candidates, a vote must be counted for each of the individual candidates voted for, and for each candidate of the party for which the straight party vote was voted and individual votes for candidates of other parties were not voted, as in examples 5 and 6. Example 5: Count a vote for candidates B and G. Example 6: Count a vote for candidates B and F. Example 3: Example 4: (d) When 1 or more candidates are to be elected to an office and the voter has voted 2 or more straight party tickets and the individual votes for partisan candidates, a vote must be counted for each individual candidate voted for when the number of votes for that office does not exceed the number for which the voter is entitled to vote, as in examples 7, 8, and 9. Example 7: Count a vote for candidates A and G. Example 8: Do not count a vote for candidates of any party. Example 9: Count a vote for candidate H. Example 5: Example 6: (e) When 2 partisan candidates are to be elected to the same office and the voter has voted a straight party ticket for 1 political party and has voted individually for 2 candidates of a different political party for that office, a vote must be counted for each of the candidates for whom the individual votes were voted, but votes must not be counted for the candidates of the party indicated by the voter’s straight party selection for that office, as in examples 10, 11, and 12. Example 10: Count a vote for candidates A, B, H, and I. Example 11: Count a vote for candidates D, E, F, and G. Example 12: Count a vote for candidates C, D, I, and J. Example 7: Example 8: Example 9: (f) When 2 partisan candidates are to be elected to the same office and the voter has voted a straight party ticket for 1 political party and that party has 2 candidates for that office, and the voter has voted an individual vote for 1 candidate for that office in a different political party, a vote must be counted only for the candidate for whom the individual vote was made. Under these conditions, a vote must not be counted for a candidate for that office by virtue of the voter’s straight party selection, as in examples 13, 14, 15, and 16. Example 13: Count a vote for candidate C only. Example 14: Count a vote for candidates A and B. Example 15: Count a vote for candidates B and C. Example 10: Example 11: Example 12: Example 16: Count a vote for candidate E only. Example 13: Example 14: (g) When 2 partisan candidates are to be elected to the same office and the voter has voted a straight party ticket for 1 political party and that party has only 1 candidate for that office, a vote must be counted for the party candidate for that office as in example 17, and if the voter has voted for a candidate of a different political party for that office, that vote must be counted, as in example 18. Example 17: Count a vote for candidate E. Example 18: Count a vote for candidates B and E. Example 15: Example 16: (h) When a voter has voted a straight party ticket for a political party and has voted individual votes for members of that party only, a vote must be counted for each candidate of that party. These conditions do not constitute an overvote, as in example 19. Example 19: Count a vote for C and D. Example 17: Example 18: