R 168.923 Determining the validity of ballot markings.

Rule 23. (1) A vote on a ballot is indicated by making a mark within the predefined target area designated for casting a vote. A vote is valid and must be counted if there is a mark within the predefined area for casting a vote. (2) The following is a non-exhaustive list of examples of valid votes: (a) A circle of the predefined area that goes through the inside of the predefined area designated for casting a vote and meant to be filled in by the voter. (b) A check mark, cross, or “x” that is inside any part of the predefined area designated for casting a vote and meant to be filled in by the voter, even if part of the mark extends outside the predefined area designated for casting a vote. (c) The word “yes” written inside the predefined area designated for casting a vote and meant to be filled in by the voter. (d) If the predefined area has a mark inside of it, but there is also a correction that causes a false tabulator read, such as a filled in oval or square that is crossed out or labeled as a “mistake” or similar description. (3) The following is a non-exhaustive list of examples of invalid votes: (a) A circle of the predefined area designated for casting a vote that goes around the area, but does not intersect the inside of the predefined area designated for casting a vote. (b) A check mark, cross, or “x” along the side, top, or bottom of the outside edge of the predefined area designated for casting a vote. (c) The word “yes” written along the side, top, or bottom of the outside edge of the predefined area designated for casting a vote, regardless of any arrows pointing to the predefined area. (4) A stray mark within the predefined target area is not a mark indicating a valid vote. The following apply to the evaluation of marks: (a) To determine whether a mark within a predefined area is a stray mark compare the mark with other marks appearing on the ballot. (b) A check mark or cross appearing within the predefined area is not considered a stray mark and is a valid vote even if the voter does not consistently mark the entire ballot with the check mark or cross. (5) Any ballot or part of a ballot from which it is impossible to determine the elector’s choice of candidate is void as to the candidate or candidates affected. (6) All ballots cast that are not counted are maintained separate from the others by being tied or held in 1 package, and placed in the ballot container with the counted ballots.