31 KAR 6:030 - Uniform definition of a vote
RELATES TO: KRS 117.265, 117.379, 117.381, 42 U.S.C. 15481
NECESSITY, FUNCTION, AND CONFORMITY: KRS 117.015(1) authorizes the State Board of Elections to promulgate administrative regulations necessary to properly carry out its duties. 42 U.S.C. 15481(a)(6) requires each state to adopt uniform and nondiscriminatory standards that define what constitutes a vote and what will be counted as a vote for each category of voting system used in the state. This administrative regulation establishes those standards.
Section 1.
Definitions.
(1) "Accessibility device" means
any mechanism:
(a) Used to aid the voter in
casting a vote for a candidate or an answer to a question on the ballot;
and
(b) That is approved pursuant
to
KRS
117.379 and
117.381.
(2) "Ballot" is defined by
KRS
117.375(6).
(3) "Ballot label" is defined by
KRS
117.375(5).
(4) "Direct recording electronic voting
system" or "DRE voting system" means a computer-driven unit that counts votes
cast by a voter through the use of a touchscreen, a button, or an approved
accessibility device, and that processes and records the data by means of
internal memory devices.
(5) "First
name" means an individual's name or names given at birth, as distinguished from
a family name or surname.
(6)
"Name" means one (1) or more first names coupled with one (1) or more
surnames.
(7) "Nickname" means a
shortened version of an individual's name or a descriptive or alternative name,
in addition to or instead of the first name or surname of an
individual.
(8) "Overvote" means a
voter has made more than the permitted number of selections in a single race
except when a voter casts a vote using a straight party option and votes for an
opposing candidate in a particular race.
(9) "Scan voting system" means a tabulating
device that reads paper ballots by detecting voters' marks by electronic
means.
(10) "Surname" means the
family name bestowed at birth, acquired by marriage, or legally adopted by
choice.
(11) "Touchscreen" means a
screen on a DRE voting system that the voter touches to enter selections in
casting a ballot in an election.
(12) "Write-in vote" means a vote on a ballot
on which the voter writes, types, or uses an approved accessibility device to
record, the surname of an eligible write-in candidate in the space reserved on
the ballot for write-in votes and, on a paper ballot, properly marks the oval
or box or connects the arrow according to the directions provided to the
voter.
Section 2. A
ballot may be paper or electronic.
Section
3. Definition of a Vote for the Direct Recording Electronic Voting
System.
(1) A vote on a direct recording
electronic voting system shall be the choice made when a voter selects a
candidate, or the desired answer to a question, and touches the screen, presses
a button, or uses an approved accessibility device to cast a ballot.
(2) To select a candidate or an answer to a
question, the voter shall:
(a) Press the
appropriate place on the touchscreen, press the button, or use an approved
accessibility device to choose a candidate or answer to a question for which
the voter desires to vote;
(b) Type
on the touchscreen or use the scrolling device to select on the screen the
letters for the name of a write-in candidate in accordance with the
instructions for voting on the DRE voting system and press the appropriate
place on the touchscreen or press the button to record the write-in vote;
or
(c) Press the appropriate place
on the ballot label to designate a write-in candidate and write in the name of
an eligible candidate on the paper provided in the write-in candidate
window.
(3) To cast a
ballot, the voter shall:
(a) Press the place
on the touchscreen or press the button designated for casting the ballot;
or
(b) Use an approved
accessibility device for the accessible voting unit to signify the voter's
desire to cast the ballot.
Section 4. Definition of a Vote for the Scan
Voting System.
(1) Automatic tabulation. If
ballots are tabulated electronically, a vote cast on a scan voting system shall
be the choice made by a voter by:
(a) Filling
in the oval or box or connecting the arrow next to the candidate's name or the
question choice; or
(b) Writing in
the name of an eligible candidate in the designated write-in space and filling
in the oval or box or connecting the arrow next to the designated write-in
space.
(2) Manual
tabulation. If ballots are tabulated manually, the following marks made by a
voter shall constitute a vote for a candidate or question choice on an optical
scan voting system:
(a) The majority of an
oval, box, or arrow designating a candidate or question choice is filled
in;
(b) The oval, box, or arrow
next to the candidate's name or the question choice is circled or
underlined;
(c) The candidate's
name or the question choice is circled or underlined;
(d) The party, group, organization, or
independent status abbreviation next to the candidate's name is circled or
underlined;
(e) There is an "X", a
check mark, a plus sign, an asterisk, a star, or any other mark indicating the
intent of the voter next to the candidate's name or question choice;
or
(f) There is a diagonal,
horizontal, or vertical line:
1. A portion of
which intersects two (2) points on the oval or arrow next to the candidate's
name or the question choice; and
2.
That does not intersect another oval or arrow at any two (2) points.
(3) Manual tabulation
of write-in voting.
(a) If write-in ballots
are tabulated manually, the following shall constitute a valid vote for a
candidate:
1. The oval, box, or arrow next to
the area designated for the selection of a write-in candidate is marked
consistent with subsection (2) of this section; and
2. The voter shall write the name of an
eligible write-in candidate as provided in
KRS
117.265 in the area designated for the
selection of a write-in candidate.
(b) If a voter designates a vote for a named
candidate on the ballot and also writes in the name of a different person,
these actions shall be considered an overvote, with neither candidate receiving
credit for the vote, except as provided in Section 7 of this administrative
regulation.
(4) Manual
tabulation of other marks or words. If a choice is indicated in accordance with
subsection (2) or (3) of this section, and another choice is similarly marked
constituting an overvote, the voter may take one (1) of the following actions
to cancel the overvote:
(a) If the voter used
a pencil, the voter may erase the mark for the candidate the voter does not
wish to select; or
(b) If the voter
used ink, the voter may circle the name of the candidate the voter wishes to
select.
Section
5. Definition of a Vote for a Paper Ballot.
(1) Tabulation. The following marks made by a
voter shall constitute a vote for a candidate or question choice on a paper
ballot:
(a) The majority of an oval, box, or
space designating a candidate or question choice is filled in;
(b) The oval, box, or space next to the
candidate's name or the question choice is circled or underlined;
(c) The candidate's name or the question
choice is circled or underlined;
(d) The party, group, organization, or
independent status abbreviation next to the candidate's name is circled or
underlined;
(e) There is an "X", a
check mark, a plus sign, an asterisk, a star, or any other mark indicating the
intent of the voter next to the candidate's name or question choice;
or
(f) There is a diagonal,
horizontal, or vertical line:
1. A portion of
which intersects two (2) points on the oval, box, or space next to the
candidate's name or the question choice; and
2. That does not intersect another oval, box,
or space at any two (2) points.
(2) Write-in voting on a paper ballot.
(a) The following shall constitute a valid
vote for a candidate:
1. The oval, box, or
space next to the area designated for the selection of a write-in candidate is
marked consistent with subsection (1) of this section; and
2. The name of an eligible write-in candidate
as provided in
KRS
117.265 is written in the area designated for
the selection of a write-in candidate.
(b) If a voter designates a vote for a named
candidate on the ballot and also writes in the name of a different person,
these actions shall be considered an overvote, with neither candidate receiving
credit for the vote, except as provided in Section 7 of this administrative
regulation.
(3) Other
marks or words on a paper ballot. If a choice is indicated in accordance with
subsection (1) or (2) of this section, and another choice is similarly marked
constituting an over-vote, the voter may take one (1) of the following actions
to cancel the overvote:
(a) If the voter used
a pencil, the voter may erase the mark for the candidate the voter does not
wish to select; or
(b) If the voter
used ink, the voter may circle the name of the candidate the voter wishes to
select.
Section
6. Definition of a Vote for Write-in Voting Generally.
(1) Only votes cast for eligible write-in
candidates as provided in
KRS
117.265 shall be considered valid and
counted.
(2) A write-in vote for a
candidate whose name already appears on the ballot label as a candidate shall
not be counted as a vote as provided in
KRS
117.265.
(3) The use of stickers, labels, rubber
stamps, or other similar devices shall not be counted as write-in
votes.
(4) Any minor misspelling of
the name of a candidate shall be disregarded in determining the validity of a
write-in vote as long as the intended candidate may be clearly
determined.
(5) Writing in only the
surname of an eligible candidate shall constitute a valid vote, unless there is
more than one (1) filed candidate with the same surname for that office. If
there is more than one (1) filed candidate with the same surname for that
office, writing in only the last name or surname shall not constitute a
vote.
(6) Writing in only the first
name of an eligible candidate shall not constitute a valid vote.
(7) Writing in only the initials of a
candidate shall not constitute a vote.
(8) Writing in only the nickname of an
eligible candidate shall not constitute a valid vote.
(9) If the voter writes in any other name
along with the surname of an eligible write-in candidate, the other name
written by the voter shall comply with the variations of names listed by the
candidate on SBE/SOS/01, SBE/SOS/02, or SBE/SOS/03, depending on the candidate,
to constitute a valid vote.
(10)
Writing in the surname of the candidate for Governor or the surname of the
candidate for Lieutenant Governor shall be sufficient to cast a write-in vote
for the slate.
(11) Writing in the
surname of the candidate for President or the surname of the candidate for Vice
President shall be sufficient to cast a write-in vote for the slate.
Section 7. Straight Party Voting.
(1) For all voting systems and types of
ballots, if a voter designates a choice to vote a straight political party
ticket and also designates a vote for an opposing candidate whose name appears
on the ballot or writes in the name of an eligible write-in candidate in a
specific race, the vote shall be counted for the opposing candidate or the
eligible write-in candidate for that specific race and the remaining votes on
the ballot shall be counted for the straight political party.
(2) Straight party voting shall not be
considered an overvote if cast in a manner consistent with subsection (1) of
this section.
Section 8.
Incorporation by Reference.
(1) The following
material is incorporated by reference:
(a)
SBE/SOS/01-"Declaration of Intent to be a Write-In Candidate", February 2011
edition;
(b)
SBE/SOS/02-"Presidential/Vice Presidential Candidates' Declaration of Intent to
be Write-In Candidates", February 2011 edition; and
(c) SBE/SOS/03-"Governor/Lieutenant Governor
Candidates' Declaration of Intent to be a Write-In Candidates", February 2011
edition.
(2) This
material may be inspected, copied, or obtained, subject to applicable copyright
law, at the State Board of Elections, 140 Walnut Street, Frankfort, Kentucky
40601, Monday through Friday, 8 a.m. to 4:30 p.m.
Notes
STATUTORY AUTHORITY: KRS 117.015(1), 42 U.S.C. 15481(a)(6)
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