1. (a) The following standards shall apply in determining whether a paper ballot has been properly marked and whether a vote should be counted for any contest in question:

   1. (1) When paper ballots are not scanned in the presence of the voter due to malfunction of a precinct electronic vote tabulating device and the prescribed counting machine will not accept an individual paper ballot during tabulating;
   2. (2) When using an electronic vote tabulating device at a central counting location and the prescribed counting machine will not accept an individual paper ballot; or
   3. (3) When counting paper ballots manually by hand.

2. (b) Standards. The following instructions assume a single-seat office, that is, the voter is only permitted to vote for one (1) candidate per contest.

   1. (1) Any paper ballot that is properly marked, as specified by the ballot instructions, in the target area for one (1) candidate or in the target area as either for or against a measure shall be counted as a vote for that candidate or on that measure for that contest.
   2. (2) Any paper ballot that is properly marked with any device other than the approved marking device which prevents a machine count shall be counted as a vote.
   3. (3) Any paper ballot with identical marks for more than one (1) candidate or with identical marks both for and against a measure, without additional clarifying marks, shall be deemed an over-vote, and no vote shall be counted in that contest.
   4. (4) Any paper ballot with the names for all but one (1) candidate stricken shall be counted for the one (1) candidate whose name was not stricken.
   5. (5) Any paper ballot with identical marks for more than one (1) candidate or with identical marks both for and against a measure in a contest, clarified by an additional mark or marks that indicate support for a single candidate or support for or against a measure, shall be counted as a vote for the candidate or on the measure with the additional clarifying marks.
   6. (6) Any paper ballot that has any mark in the target area, candidate area, or issue area for only one (1) candidate or either for or against a measure, including circling or making a mark through the target area, candidate area, or issue area, provided there is no other similar marking in the contest, shall be counted as a vote for that candidate or on that measure, unless the mark is clearly a negative comment.
   7. (7) Any paper ballot that has a mark in the target area or candidate or issue area for one (1) candidate or either for or against a measure, which partially extends into one (1) or more other target areas or candidate or issue areas, shall be counted as a vote for the candidate or on the measure so marked, only if it is readily apparent that most of the mark is in that candidate or issue area or target area.
   8. (8) Any paper ballot that has a mark in the target area or candidate or issue areas for one (1) candidate or either for or against a measure and on which marks in other target areas or candidate or issue areas have been partially erased, scratched out, or otherwise removed shall be counted as a vote for the candidate or on the measure for which the mark was not erased, scratched out, or otherwise removed.
   9. (9) Any paper ballot in which writings or remarks appear to be ranking the candidates (letters, numbers) shall be counted as a vote for the top ranked candidate.
   10. (10) Any paper ballot with positive or negative writings or remarks regarding one (1) or more candidates or for and/or against a measure, shall not be counted as a vote in that contest, unless clarified by an additional mark or marks that indicate support for a single candidate or support either for or against the measure.
   11. (11) Any paper ballot on which the voter casts a vote on the ballot and writes in a different candidate shall be considered an over-vote for that contest and neither vote shall be counted.

   12. (12)

       1. (A) If a paper ballot is left at a voting booth or anywhere else in the polling site without being inserted by the voter into the ballot box before departing the polling site, a poll worker shall write “Abandoned” on the ballot and place it into an “Abandoned Ballot” envelope with a notation on the outside of the envelope of the circumstances surrounding the abandoned ballot.
       2. (B) The ballot shall not be counted.

   13. (13)

       1. (A) If a paper ballot that is fed by a voter into an electronic vote tabulating device is rejected by the device but is in the receiving part of the counter, and the voter has departed the polling site without instructing a poll worker to cancel or replace the ballot, then two (2) poll workers shall override warnings and complete the process of casting the ballot.
       2. (B) The poll workers shall document:

3. (i) The time they completed the process of casting the ballot;

   1. (ii) The name of the voter;

      1. (iii) The names of the poll workers completing the process; and

         1. (iv) All other circumstances surrounding the abandoned ballot.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules contained the following footnotes: Footnote 12 to 7 CAR § 92-103(b)(3) following the phrase "in that contest" as follows: "A.C.A. § 7-5-603(2)(B)". Footnote 13 to 7 CAR § 92-103(b)(11)(iii) following the phrase "can be reasonably determined" as follows: "A.C.A. § 7-5-205(4)". Footnote 14 to 7 CAR § 92-103(b)(12)(B) following the phrase "shall not be counted" as follows: "A.C.A. § 7-5-309(g)". Footnote 15 to 7 CAR § 92-103(b)(14)(D) following the phrase "the abandoned ballot" as follows: "A.C.A. § 7-5-309(h)".