Michigan Regulations § R. 168.923 Rules governing recounting of votes

Regulation Text

Rule 23. The following rules shall govern the recounting of votes:

(a) Where it is clearly evident from an examination of any ballot that the same has been mutilated for the purpose of distinguishing it or that there has been placed thereon some mark, printing, or writing for the purpose of distinguishing it, then such ballot shall be void and shall not be counted. The following criteria must be met to find a mark or mutilation to be distinguishing:

(i) It must be clearly evident.

(ii) That the mark or mutilation was placed on the ballot by the voter.

(iii) For the purpose of distinguishing it.

(b) A cross, the intersection of which shall be within or on the line of the proper circle or square, shall be valid. Crosses otherwise located on the ballot shall be void;

(d) A cross shall be valid even though 1 or both lines thereof shall be duplicated, provided that the lines intersect within or on the line of the square or circle;

(e) Two lines meeting within or on the line of the square or circle, although not crossing each other, shall be deemed to be a valid cross where it is apparent that the voter intended to make a cross. This provision shall not be construed as validating so-called "check marks";

(f) A failure to properly mark a ballot as to 1 or more candidates shall not of itself invalidate the entire ballot if the same has been properly marked as to other candidates unless such improper marking shall constitute a distinguishing mark as herein defined;

(g) Erasures and corrections on a ballot made by the elector in a manner frequently used for such purpose shall not be deemed distinguishing marks or mutilations;

(h) Any ballot or part of a ballot from which it is impossible to determine the elector's choice of candidate shall be void as to the candidate or candidates thereby affected;

(i) Any votes cast for a deceased candidate shall be void and not counted;

(j) All ballots cast which are not counted shall be marked by the inspector "not counted," kept separate from the others by being tied or held in 1 package, and placed in the ballot box with the counted ballots; and

(k) No vote shall be counted for any candidate unless a cross has been placed by the voter in the circle at the head of the party ticket, if any, on which the name of the candidate has been printed, written or placed or unless a cross has been placed by the voter in the square before the space in which the name of the candidate has been printed, written, or placed.

History

1979 AC

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