The following general standards shall apply in the counting of all ballots and votes, regardless of the voting system used, for both the initial count and for any recount.
(a)
A ballot that is not marked as provided by law must be segregated and counted in the manner directed by the elections official. Any ballot that contains personal information, or that is torn, bent, or mutilated shall be segregated as directed by the elections official and a duplicate ballot shall be prepared pursuant to Elections Code section
15210
. A ballot that contains marks or markings not related to an indication of the vote choice for a contest and that are not personal information shall be counted. Duplication is not required unless the ballot contains personal information, or the condition of the ballot or markings on the ballot interfere with the ability of the vote tabulation equipment to tally the ballot.
(b)
A vote for any candidate or ballot measure shall not be rejected solely because the voter failed to follow instructions for marking the ballot. If, for any reason, it is impossible to determine the choice of the voter for any candidate or ballot measure, the vote for that candidate or ballot measure shall be considered void.
(c)
A mark is considered valid when it is clear that it represents the voter's choice and is the technique consistently used by the voter to indicate their selections.
(1)
Such marks may include, but are not limited to, properly filled-in voting position targets, checkmarks, X's, circles, completed arrows, or any other clear indication of the voter's choice, such as the word "yes" next to a candidate's name or a voting position target for a ballot measure.
(2)
Conversely, a mark crossed out by the voter, or the word "no" next to a candidate's name or a voting position target for a ballot measure shall not be considered to be a valid vote but will, instead, be deemed an indication that the voter did not choose to cast a vote for that candidate or measure.
(d)
In determining the validity of a partially filled-in voting position target, the consistency of a voter's marks on the entire ballot shall be taken into consideration. A "hesitation mark" such as a dot in the voting position target shall not be considered a valid mark unless it is demonstrated that the voter consistently marked their ballot in such a manner.
(e)
If a contest is marked with more choices than there are offices to be filled or measures that may prevail, the vote shall not be counted for that contest, but shall be counted in all other contests in which there is no overvote and the voter's choice can be clearly determined.
(f)
If a contest is marked with fewer choices than there are offices to be filled or measures that may prevail, the vote choice(s) for all otherwise properly marked candidates or measures shall be counted.
(g)
Write-in votes shall be counted pursuant to the provisions established in Elections Code sections
14420
,
15342
and
15342.5
.
Source
1. New section filed 9-28-2020 as an emergency; operative 9-28-2020. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 40). A Certificate of Compliance must be transmitted to OAL by 7-27-2021 or emergency language will be repealed by operation of law on the following day.
2. New section refiled, including amendment of NOTE, 7-12-2021 as an emergency; operative 7-28-2021 (Register 2021, No. 29). A Certificate of Compliance must be transmitted to OAL by 10-26-2021 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 11-4-2021 as an emergency; operative 11-4-2021 (Register 2021, No. 45). A Certificate of Compliance must be transmitted to OAL by 2-2-2022 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-4-2021 order, including amendment of subsections (c) and (d), transmitted to OAL 1-31-2022 and filed 3-15-2022; amendments effective 3-15-2022 pursuant to Government Code section
11343.4
(b)(3)
(Register 2022, No. 11).
History
1. New section filed 9-28-2020 as an emergency; operative
9/28/2020
. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (
Register 2020, No. 40
). A Certificate of Compliance must be transmitted to OAL by 7-27-2021 or emergency language will be repealed by operation of law on the following day.
2. New section refiled, including amendment of Note, 7-12-2021 as an emergency; operative 7-28-2021 (Register 2021, No. 29). A Certificate of Compliance must be transmitted to OAL by 10-26-2021 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section
11346.1
(g)
(Register 2021, No. 45).
4. Certificate of Compliance as to 11-4-2021 order, including amendment of subsections (c) and (d), transmitted to OAL 1-31-2022 and filed 3-15-2022; amendments effective
3/15/2022
pursuant to Government Code section
11343.4
(b)(3)
(
Register 2022, No. 11
).