Title 21, Chapter 2, Section 437
( 21-2-437)
(a) After the polls close and as soon as all the ballots have been
properly accounted for and those outside the ballot box as well as
the voter's certificates, numbered list of voters, and electors list
have been sealed, the poll officers shall open the ballot box and
take therefrom all ballots contained therein. In primaries in which
more than one ballot box is used, any ballots or stubs belonging to
another party holding its primary in the same polling place shall be
returned to the ballot box for the party for which they were issued.
In primaries, separate tally and return sheets shall be prepared for
each party, and separate poll officers shall be designated by the
chief manager to count and tally each party's ballot. Where the same
ballot box is being used by one or more parties, the ballots and
stubs shall first be divided by party before being tallied and
counted. The ballots shall then be counted one by one and a record
made of the total number. Then the chief manager, together with
such assistant managers and other poll officers as the chief manager
may designate, under the scrutiny of one of the assistant managers
and in the presence of the other poll officers, shall read aloud the
names of the candidates marked or written upon each ballot, together
with the office for which the person named is a candidate, and the
answers contained on the ballots to the questions submitted, if any;
and the other assistant manager and clerks shall carefully enter
each vote as read and keep account of the same in ink on a
sufficient number of tally papers, all of which shall be made at the
same time. All ballots, after being removed from the box, shall be
kept within the unobstructed view of all persons in the voting room
until replaced in the box. No person, while handling the ballots,
shall have in his or her hand any pencil, pen, stamp, or other means
of marking or spoiling any ballot. The poll officers shall
immediately proceed to canvass and compute the votes cast and shall
not adjourn or postpone the canvass or computation until it shall
have been fully completed, except that, in the discretion of the
superintendent, the poll officers may stop the counting after all
contested races and questions are counted, provided that the results
of these contested races and questions are posted for the
information of the public outside the polling place and the ballots
are returned to the ballot box and deposited with the superintendent
until counting is resumed on the following day. (b) When the vote cast for the different persons named upon the
ballots and upon the questions, if any, appearing thereon, shall
have been fully recorded in the tally papers and counted, the poll
officers shall duly certify to the number of votes cast for each
person and question and shall prepare in ink a sufficient number of
general returns. The general returns shall show, in addition to the
entries made thereon as aforesaid, the total number of ballots
received from the superintendent, the number of ballots cast, the
number of ballots declared void, the number of ballots spoiled and
canceled, and any blank ballots cast, as well as the votes cast for
each candidate. At elections, the number of votes cast for each
candidate by each political party or body of which such candidate is
a nominee shall be separately stated. (c) In returning any votes cast for any person whose name is not
printed on the ballot, the poll officers shall record any such names
exactly as they were written on the ballot. (d) Any ballot marked so as to identify the voter shall be void and
not counted, except a ballot cast by a challenged elector whose name
appears on the electors list; such challenged vote shall be counted
as prima facie valid but may be voided in the event of an election
contest. Any ballot marked by anything but pen or pencil shall be
void and not counted. Any erasure, mutilation, or defect in the
vote for any candidate shall render void the vote for such candidate
but shall not invalidate the votes cast on the remainder of the
ballot, if otherwise properly marked. If an elector shall mark his
or her ballot for more persons for any nomination or office than
there are candidates to be voted for such nomination or office, or
if, for any reason, it may be impossible to determine his or her
choice for any nomination or office, his or her ballot shall not be
counted for such nomination or office; but the ballot shall be
counted for all nominations or offices for which it is properly
marked. Unmarked ballots or ballots improperly or defectively
marked so that the whole ballot is void shall be set aside and shall
be preserved with other ballots. In primaries, votes cast for
candidates who have died, withdrawn, or been disqualified shall be
void and shall not be counted. In elections, votes for candidates
who have died or been disqualified shall be void and shall not be
counted. (e) Any ballot marked by any other mark than a cross (X) or check
(/) mark in the spaces provided for that purpose shall be void and
not counted; provided, however, that no vote recorded thereon shall
be declared void because a cross (X) or check (/) mark thereon is
irregular in form. Notwithstanding any other provisions of this
chapter to the contrary, if the voter has marked his or her ballot
in such a manner that he or she has indicated clearly and without
question the candidate which he or she desires to receive his or her
vote, his or her ballot shall be counted and such candidate shall
receive his vote. (f) At elections, a ballot indicating a write-in vote for any person whose name is not printed on the ballot and who properly gave notice of intent to run as a write-in candidate pursuant to Code Section 21-2-133 shall be counted as a vote for such person, if written in the proper space or spaces provided for that purpose, whether or not a cross (X) or check (/) mark is placed before the name of such person. |