Text: SF00474 Text: SF00476 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 49.68, subsection 3, Code 2001, is 1 2 amended to read as follows: 1 3 3. That unmarkedor improperly markedballots will not be 1 4 counted. 1 5 Sec. 2. Section 49.68, Code 2001, is amended by adding the 1 6 following new subsection: 1 7 NEW SUBSECTION. 3A. That improperly marked ballots will 1 8 not be counted if it is impossible to determine the voter's 1 9 intent. 1 10 Sec. 3. Section 49.92, Code 2001, is amended to read as 1 11 follows: 1 12 49.92 VOTING MARK. 1 13 The instructions appearing on the ballot shall describe the 1 14 appropriate mark to be used by the voter. The mark shall be 1 15 consistent with the requirements of the voting system in use 1 16 in the precinct. The voting mark used on paper ballots may be 1 17 a cross or check which shall be placed in the voting targets 1 18 opposite the names of candidates. If the entire voting target 1 19 is circled by a voter rather than the voter placing a cross or 1 20 check inside the target, and no other mark is made on the 1 21 ballot for any other candidate for that office, the vote for 1 22 that office shall be counted. The fact that the voting mark 1 23 is made by an instrument other than a black lead pencil shall 1 24 not affect the validity of the ballot unless it appears that 1 25 the color or nature of the mark is intended to identify the 1 26 ballot contrary to the intent of section 49.107, subsection 7. 1 27 Sec. 4. Section 49.98, Code 2001, is amended to read as 1 28 follows: 1 29 49.98 COUNTING BALLOTS. 1 30 The ballots shall be counted according to the voters' marks 1 31 on them as provided in sections 49.92tothrough 49.97, and 1 32 not otherwise. If, for any reason, it is impossible to 1 33 determine from a ballot, as marked, the choice of the voter 1 34 for any office, the vote for that office shall not be counted. 1 35 If at least seventy-five percent of the required mark is made 2 1 on the ballot for a candidate and no other mark is made on the 2 2 ballot for any other candidate for that office, the vote for 2 3 that office shall be counted. When there is a conflict 2 4 between a straight party or organization vote for one 2 5 political party or nonparty political organization and the 2 6 vote cast by marking the voting target next to the name of a 2 7 candidate for another political party or nonparty political 2 8 organization on the ballot, the mark next to the name of the 2 9 candidate shall be held to control, and the straight party or 2 10 organization vote in that case shall not apply as to that 2 11 office. Any ballot shall be rejected if it is marked in any 2 12 other manner than authorized in sections 49.92tothrough 2 13 49.97. A ballot shall be rejected if the voter used a mark to 2 14 identify the voter's ballot. 2 15 Sec. 5. Section 50.48, subsection 4, unnumbered paragraph 2 16 1, Code 2001, is amended to read as follows: 2 17 When all members of the recount board have been selected, 2 18 the board shall undertake and complete the required recount as 2 19 expeditiously as reasonably possible. The commissioner or the 2 20 commissioner's designee shall supervise the handling of 2 21 ballots or voting machine documents to ensure that the ballots 2 22 and other documents are protected from alteration or damage. 2 23 The board shall open only the sealed ballot containers from 2 24 the precincts specified to be recounted in the request or by 2 25 the recount board. The board shall recount only the ballots 2 26 which were voted and counted for the office in question, 2 27 including any disputed ballots returned as required in section 2 28 50.5. If an electronic tabulating system was used to count 2 29 the ballots, the recount boardmayshall request the 2 30 commissioner to retabulate the ballots using the electronic 2 31 tabulating system. The same program used for tabulating the 2 32 votes on election day shall be used at the recount unless the 2 33 program is believed or known to be flawed. The ballots shall 2 34 be counted according to the voters' marks on them as provided 2 35 in sections 49.92 through 49.97, and not otherwise. 3 1 EXPLANATION 3 2 This bill provides that a ballot is properly marked if 75 3 3 percent or more of the required mark is made on the ballot for 3 4 a candidate and no other mark was made for any other candidate 3 5 for that office. The bill also provides that if the voting 3 6 target on the paper ballot is circled instead of checked or 3 7 crossed, the vote for that candidate shall count if no other 3 8 mark is made for any other candidate for that office. 3 9 The bill provides that if an electronic tabulating system 3 10 was used to count votes in an election, the recount of votes 3 11 shall also be electronically tabulated unless the electronic 3 12 tabulation system is believed or known to be flawed. The bill 3 13 provides that provisions relating to properly marking ballots 3 14 shall apply in a recount of ballots. 3 15 LSB 3121SV 79 3 16 sc/cf/24
Text: SF00474 Text: SF00476 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 2001 Cornell College and League of Women Voters of Iowa
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