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) The following marks shall be considered expressions of voter intent:

   1. (A) Any ballot which is properly marked, as specified by the ballot instructions, in the target area.

   This constitutes a vote for Harry S. Truman.

   1. (B) The target area next to a candidate or issue preference is circled.

      This constitutes a vote for Mark Twain.

   2. (C) There is a distinguishing mark in the target area next to a candidate or issue preference including but not limited to the following examples: This constitutes a vote for Harry S. Truman.

      This constitutes a vote for Harry S. Truman. (D) The name of a candidate or issue pref-

erence is circled.

This constitutes a vote for Laura Ingalls Wilder. (E) In the event that there are distinguishing marks for two (2) or more candidates, clarified by an additional mark or marks that appear to indicate support, the ballot shall be counted as a vote for the candidate with the additional, clarifying marks.

This constitutes a vote for Laura Ingalls Wilder.

1. (3) If a voter marks more candidates than there are positions to be elected for that office, without any additional clarifying marks, the marks do not constitute a valid vote for any candidate in that race and the ballot shall be deemed an overvote. This constitutes an overvote.

   This constitutes an overvote.

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

   1. (A) A distinguishing mark in the target area next to the name of the candidate;
   2. (B) The name of a qualified write-in 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.
   3. (C) The name of the office for which the candidate is to be elected.

Bobby Jones is a qualified candidate. This constitutes a vote for Bobby Jones.

1. (5) If a voter designates a vote for a named candidate on the ballot and also provides for a write-in candidate in the same race it shall be treated as follows:

   1. (A) If a voter designates a vote for a named candidate on the ballot and writes in the same candidate in the write-in area, the vote shall count for that candidate.

   This constitutes a vote for Laura Ingalls Wilder.

   1. (B) If a voter designates a vote for a named candidate on the ballot and writes in the name of a qualified write-in candidate or the name of a different named candidate on the ballot in that race and makes a distinguishing mark in the target area next to the name of the write-in candidate, it shall be considered an overvote with neither candidate receiving credit for the vote.

      This constitutes an overvote.

   2. (C) If a voter designates a vote for a named candidate on the ballot and writes in the name of a person who is not a qualified write-in candidate and not a named candidate on the ballot in that race, it shall be considered a vote for the named candidate.

Gertrude Stein is not a qualified candidate. This shall constitute a vote for George Washington Carver.

1. (6) Whenever a hand recount of votes of paper ballots is ordered, the provisions of this rule shall be used to determine voter intent.

AUTHORITY: section 115.225, RSMo Supp. 2005.* Original rule filed Aug. 8, 2001, effective March 1, 2002. Emergency rescission filed Feb. 2, 2006, effective Feb. 18, 2006, expired Aug. 16, 2006. Emergency rule filed Feb. 2, 2006, effective Feb. 18, 2006, terminated April 30, 2006. Emergency rule filed April 20, 2006, effective April 30, 2006, expired Aug. 16, 2006. Rescinded and readopted: Filed Feb. 2, 2006, effective July 30, 2006. *Original authority: 115.225, RSMo 1977, amended 1993, 1995, 2002.