moldybluecheesecurds 2

Thursday, November 20, 2008

Challenged ballots: judge well, but consider this

State statute may affect some of your choices.  From the statute:

You may not be able to count ballot #4 or #7 by this rule:
  • Subd. 3.Votes for too many candidates.

    If a voter places a mark (X) beside the names of more candidates for an office than are to be elected or nominated, the ballot is defective with respect only to that office. No vote shall be counted for any candidate for that office, but the rest of the ballot shall be counted if possible. At a primary, if a voter has not indicated a party preference and places a mark (X) beside the names of candidates of more than one party on the partisan ballot, the ballot is totally defective and no votes on it shall be counted. If a voter has indicated a party preference at a primary, only votes cast for candidates of that party shall be counted. [emphasis mine]

According to this section, ballot #5 may be technically an overvote, and subject to the above rule.
  • Subd. 4.Name written in proper place.
    If a voter has written the name of an individual in the proper place on a general or special election ballot a vote shall be counted for that individual whether or not the voter makes a mark (X) in the square opposite the blank.
Other rules for thought:
  • Subd. 6.Mark out of place.
    If a mark (X) is made out of its proper place, but so near a name or space as to indicate clearly the voter's intent, the vote shall be counted.

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