PURPOSE: This rule provides for standards to be used by election authorities when counting ballots cast using optical scan voting systems.

1. (1) The election authority shall be responsible for insuring that the standards provided for in this rule are followed when counting ballots cast using optical scan voting systems.

2. (2) Prior to tabulating ballots all machines shall be programmed to reject blank ballots where no votes are recorded, or where an overvote is registered in any race.

   1. (A) In jurisdictions using precinct-based tabulators, the voter who cast the ballot shall review the ballot if rejected, to determine if he/she wishes to make any changes to the ballot or if he/she would like to spoil their ballot and receive another ballot.

   2. (B) In jurisdictions using centrally based tabulators, if a ballot is so rejected, it shall be reviewed by a bipartisan team using the following criteria:

      1. 1. If a ballot is determined to be dam-

aged, the bipartisan team shall spoil the original ballot and duplicate the voter’s intent on the new ballot, provided that there is an undisputed method of matching the duplicate card with its original after it has been placed with the remainder of the ballot cards from that precinct; and

1. 2. Voter intent shall be determined using

the following criteria:

1. A. There is a distinguishing mark in

the printed oval adjacent to the name of the candidate, or issue preference;

1. B. There is a distinguishing mark

adjacent to the name of the candidate, or issue preference; or

1. C. The name of the candidate or issue

preference is circled.

1. (3) In jurisdictions using optical scan systems, a valid vote for a write-in candidate must include the following: 15 CSR 30-9

   1. (A) A distinguishing mark in the designated location preceding the name of the candidate;
   2. (B) The name of the candidate. If the name of the candidate, as written by the voter, is substantially as declared by the candidate it shall be counted, or in those circumstances where the names of candidates are similar, the names of candidates as shown on voter registration records shall be counted; and
   3. (C) The name of the office for which the candidate is to be elected.
2. (4) Whenever a hand recount of votes of optical scan ballots is ordered, the provisions of this section shall be used to determine voter intent.

AUTHORITY: section 115.225, RSMo 2000.* Original rule filed Aug. 8, 2001, effective March 1, 2002.

*Original authority: 115.225 RSMo 1977, amended 1993, 1995.