Mont. Admin. R. 44.3.2403 - DETERMINING A VALID WRITE-IN VOTE IN MANUALLY COUNTING AND RECOUNTING PAPER BALLOTS
(1) Before being
counted, each questionable write-in vote on a paper ballot set aside under
13-15-206, MCA, must be reviewed
by the designated board. The board shall evaluate each questionable vote
according to the rules below:
(a) If a
majority of the designated board members agree that under the rules the voter's
intent can be clearly determined, the vote is valid and must be counted
according to the voter's intent.
(b) If a majority of the designated board
members do not agree that the voter's intent can be clearly determined under
the rules, the vote is not valid and may not be counted.
(2) Except as provided in (3), only votes for
declared write-in candidates shall be counted. Except as provided in ARM
44.3.2405, a write-in vote may be
counted only if the write-in vote identifies an individual by any of the
designations filed pursuant to
13-10-211, MCA, and the oval, box,
or other designated voting area on the ballot is marked. The following rules
shall apply to determining a valid write-in vote in a count or recount of paper
ballots, and must be read in conjunction with ARM
44.3.2402:
(a) a name is written in, but the designated
write-in voting area is not marked, and no other candidate is selected. The
election officials shall cause this to be designated as an undervote;
(b) no candidate name or office is written
in, but the designated write-in voting area is marked and no other candidate is
selected. The election officials shall cause this to be designated as an
undervote;
(c) a printed candidate
is selected by marking of the designated voting area, and no name is written
in, but the designated write-in voting area is marked. The election officials
shall cause a vote to be counted for the printed candidate;
(d) a printed candidate is selected by
marking of the designated voting area, any individual's name is written in, and
the designated write-in voting area is marked. If the name written in is
different from the name of the printed candidate selected, the election
officials shall cause this to be designated as an overvote. If the name written
in is the same as the name of the printed candidate selected, the election
officials shall cause a vote to be counted for the printed candidate
selected.
(e) the designated voting
area for a printed candidate is marked and the same name is written in, but the
designated write-in voting area is not marked. The election officials shall
cause a vote to be counted as a vote for the marked designated voting
area;
(f) comments are written in
which do not indicate a clear vote and no candidate is marked. The election
officials shall cause this to be designated as an undervote;
(g) the designated voting area for a printed
candidate is marked, a comment is written in, and the corresponding designated
write-in voting area is or is not marked. The election officials shall cause
this to be counted as a vote for the printed candidate unless the comment
creates uncertainty about who the choice is or directs the election official
not to count the vote for the printed candidate selected. In the latter case,
the election officials shall cause this to be designated as an
undervote;
(h) at least one printed
candidate appears as a candidate for the office and the designated voting area
is not marked for any printed candidates, but a name is written in that is not
the name of a declared write-in candidate and the corresponding designated
write-in voting area is or is not marked. The election officials shall cause
this to be designated as an undervote.
(3) Consistent with
13-10-211, MCA, votes for
undeclared write-in candidates may be counted if:
(a) an election is held;
(b) a person's name is written in on the
ballot;
(c) the person is qualified
for and seeks election to the office for which the person's name was written
in; and
(d) no other candidate has
filed a declaration or petition for nomination or adeclaration of
intent.
Notes
13-15-206, MCA; IMP, 13-10-211, 13-15-206, MCA;
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