If an optical scan ballot is used, the person in charge of the election must:

1. (1) Provide a black ink pen for each in-person voter to mark the voter's choice on the ballot; and
2. (2) Provide instructions to each voter who applies to vote by absentee ballot that the voter use a black ink pen to mark the voter's choice on the ballot. The person in charge of the election may not disqualify any ballot marked by a writing instrument other than a black ink pen.

Source: SL 2002, ch 76 , § 2; SL 2026, ch 72 , § 1.