1. When counting a vote in an election, if more choices than permitted by the instructions
for a ballot are marked for any office or question, the vote for that office or question
may not be counted.
2. Except as otherwise provided in subsection 1, in an election in which a mechanical
voting system is used whereby a vote is cast by darkening a designated space on the
(a) A vote must be counted if the designated space is darkened or there is a writing
in the designated space, including, without limitation, a cross or check; and
(b) Except as otherwise provided in paragraph (a), a writing or other mark on the
ballot, including, without limitation, a cross, check, tear or scratch may not be
counted as a vote.
3. The Secretary of State:
(a) May adopt regulations establishing additional uniform, statewide standards, not
inconsistent with this section, for counting a vote cast by a method of voting described
in subsection 2; and
(b) Shall adopt regulations establishing uniform, statewide standards for counting
a vote cast by each method of voting used in this State that is not described in subsection
2, including, without limitation, a vote cast on a mechanical recording device which
directly records the votes electronically.
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