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A. The election board shall perform a hand count for ballots: in precincts where electronic ballot counting equipment are not used; in precincts where alternate ballots have been cast and must be hand counted; or in elections where write-in votes shall be tallied in accordance with KIBC 7.30.110 and 7.30.125. The election board, in hand count precincts, shall count the ballots in a manner that allows watchers to see the ballots when opened and read.

1. A voter may mark a ballot only by filling in, making “X” marks, diagonal, horizontal, or vertical marks, solid marks, stars, circles, asterisks, checks, or plus signs that are clearly spaced in the oval opposite the name of the candidate, proposition, or question that the voter desires to designate.

2. A failure to properly mark a ballot as to one or more candidates does not itself invalidate the entire ballot.

3. If a voter marks fewer names than there are persons to be elected to the office, a vote shall be counted for each candidate properly marked.

4. If a voter marks more names than there are persons to be elected to the office, the votes for candidates for that office may not be counted.

5. The mark specified in subsection (A)(1) of this section shall be counted only if it is substantially inside the oval provided or touching the oval to indicate clearly that the voter intended the particular oval to be designated.

6. Improper marks on the ballot may not be counted and do not invalidate marks for candidates properly made.

7. An erasure or correction invalidates only that section of the ballot in which it appears.

8. Write-in votes are not invalidated by writing in the name of a candidate whose name is printed on the ballot unless the election board determines, on the basis of other evidence, that the ballot was so marked for the purpose of identifying the ballot.

9. In order to vote for a write-in candidate, the voter must write in the candidate’s name in the space provided and fill in the oval opposite the candidate’s name in accordance with subsection (A)(1) of this section.

10. Stickers bearing the candidate’s name may not be used on the ballot.

B. The rules set out in this section are mandatory and there shall be no exceptions to them. A ballot may not be counted unless marked in compliance with these rules. [Ord. FY2023-05 §2, 2022; Ord. FY2012-16 §4, 2012; Ord. FY2009-19 §2, 2009; Ord. 86-22-O §2, 1986].