PURPOSE: This rule provides for standards to be used by election authorities when counting ballots cast using paper ballots.

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 paper ballots.

2. (2) Voter intent shall be determined using the following criteria:

   1. (A) There is a distinguishing mark in the square adjacent to the name of the candidate, or issue preference;
   2. (B) There is a distinguishing mark adjacent to the name of the candidate, or issue preference; or
   3. (C) The name of the candidate or issue preference is circled.

3. (3) In jurisdictions using paper ballots, a valid vote for a write-in candidate must include the following:

   1. (A) A distinguishing mark in the square immediately 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.
4. (4) Whenever a hand recount of votes of paper 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.