Sec. 33.09.02.05. Registering and Recording Votes  


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  • A. In General. The voting system shall correctly register and record votes that have been properly voted.

    B. Over-Voting or Improper Voting. The voting system may not count the votes in a contest that has been over-voted or otherwise improperly voted.

    C. Misplaced Votes. In vote counting, the voting system shall ignore any mark that is not in a voting position:

    (1) For a candidate whose name is on the ballot;

    (2) Designated for write-in voting; or

    (3) For a question printed on the ballot.