Tenn. Comp. R. & Regs. 1360-02-15-.06 - PROCEDURES WHEN PART OF THE RACES ARE ON MACHINE BALLOT AND PART ON PAPER BALLOT

(1) When the voter completes his or her early voting application, the registrar shall compare the signature of the voter with the signature on the voter's permanent registration record or other evidence of identification if computerized duplicate registration records are used, and shall endorse on the application that the two signatures are, or are not, the same.

(2) Any voter desiring to cast a write-in vote in any race included on the machine ballot, may request a paper ballot in order to write-in the name. This request must be made before operating a voting machine, and a voter after receiving a paper ballot may not enter a voting machine. For voters desiring to cast a write-in ballot, the procedures outlined in T.C.A. §§ 2-7-114 and 2-7-117 shall apply.

(3) If the voter does not wish to cast a write-in ballot, the voter shall be required to mark his or her paper ballot before entering the voting machine. This shall be strictly adhered to in order to prevent concerns about the conduct of the election and its fairness to all candidates on the ballot. The registrar shall hand the voter the following:

(a) Instructions.

(b) One paper ballot for each election in which the voter is eligible to vote.

(c) One security envelope for each paper ballots.

(4) The voter shall be shown that the ballot is unmarked. The voter shall mark his or her ballot in secret at the designated place in the office. After the voter marks his or her ballot, the voter shall fold the ballot, place it in the security envelope, and seal the envelope. In the presence of the election official, the voter shall sign the sworn statement on the security envelope and give the security envelope to the election official.

(5) The election official shall immediately sign the security envelope and deposit the envelope in the correct ballot box in the presence of the voter. Additionally, if assistance is required, it shall be rendered according to T.C.A. § 2-7-116 and the person assisting shall sign the envelope as well in the appropriate blank. The election official shall then complete the machine application and have the voter sign the application. After, and only after, the paper ballot is turned in, the election official shall tear the machine application off the bottom of the early voting application and hand it to the voter. The voter's permanent registration record or the computer signature list shall be marked recording that he or she voted in the election. The registrar shall write the name of the voter on the poll list.

(6) The voter shall give the machine application to the election official in charge of the voting machine. The election official shall initial the machine application and place it on the top of the application binder for that machine. The election official shall set the machine for the correct elections and then set the officer's control. The voter shall vote in secret unless he or she needs assistance. Should the voter require assistance, the procedures outlined in T.C.A. § 2-7-116 shall govern the rendering of that assistance.

Notes

Tenn. Comp. R. & Regs. 1360-02-15-.06

Original rule filed October 20, 1995; effective February 28, 1995.

Authority: T.C.A. §§ 2-6-104(d) and 2-11-201(c).