N.Y. Comp. Codes R. & Regs. Tit. 9 § 6210.15 - Standards for determining valid votes on optical scan voting systems and/or paper ballots

(a) Standards indicating a valid vote. A vote cast on a paper ballot shall be the choice made by a voter, not to exceed the maximum allowable votes per race or question than the number for which the voter is eligible to vote, by: (the examples below in this section apply to all types of voting position target areas on ballots, regardless of what form they may take e.g. rectangle, oval, circle, square, open arrow):

(1) voter indicates vote choice by consistently filling inside the entire voting position target;

(2) voter indicates choice by consistently filling in less than the entire voting position target for all vote choices on the ballot and the ballot is processed in a manner consistent with the use procedures provided and approved for the voting system;

(3) voter indicates vote choice by consistently placing a distinctive mark, such as properly filled in voting position targets, a cross mark "X", a checkmark "[TICK]"", a circle, or complete an open arrow "<- " inside the associated voting position target area for a candidate choice or ballot question;

(4) voter marks vote choices by circling the entire voting position target area for a candidate or ballot question;

(5) voter writes in or stamps the name of a candidate in the designated write-in space for that race, even if the write-in square, oval or arrow is not marked;

(6) a write-in vote in addition to a vote for another candidate for the office, with a greater number of choices of different candidates than the number for which he or she is lawfully entitled to vote, the vote shall not be counted for that contest, but shall be counted in all other contests in which there are not overvotes and the voter's choices can be clearly determined;

(7) any ballot which has any other mark or marks in the target area or sensitive area including circling the target area and/or candidate's name or making a mark through the target area, provided that the votes do not exceed the maximum allowable votes per race or question than the number for which the voter is eligible to vote, shall be counted as a vote for such candidate(s) or ballot question(s);

(8) any ballot which has a mark or marks in the target area or sensitive area for one candidate, which extended partially into one or more other target areas or sensitive areas, shall be counted as a vote for the candidate so marked only if it is readily apparent that at least 3/4th of the mark is in that candidate's area or target area, and no other candidate is similarly marked;

(9) any ballot which has a mark that is clearly next to (either before or after) a candidate's name, or across the name, shall be recognized as a mark and shall be counted as a vote for the candidate or question so marked; or

(10) writings or remarks which appear to be ranking the candidates (e.g. letters, numbers +/-) shall not be considered valid marks unless the number of such marks does not exceed the maximum allowable votes per race than the number for which the voter is eligible to vote.

(b) Standards indicating an invalid vote. A voter's choice shall be considered an invalid vote, if the:

(1) Voter uses random markings and there is no distinctive and consistent voting pattern to clearly indicate voter choice(s).

(2) A mark that is between or across more than one candidate's name, target areas or sensitive areas shall not be recognized as a mark and no vote shall be counted.

(c) Whenever paper ballots are to be counted manually, the county board of elections shall use the accompanying "Ballots Examples for Counting Paper Ballots" as guidance for such counts.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6210.15

Amended, New York State Register May 21, 2014/Volume XXXVI, Issue 20, eff. 5/21/2014