Alabama
Ala. Code § 17-12-13
Ala. Admin. Code r. 820-2-1-.02
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Statute provides minimal guidance for which ballots can be counted. Administrative rules provide a more specific definition of what constitutes a vote.
Alabama only hand counts ballots from voters overseas who email their ballots to election officials.
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Alaska
Alaska Stat § 15.15.360
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Statute spells out rules for counting ballots. Page 56 of the 2024 poll workers manual offers examples of what constitutes a valid vote.
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Arizona
Ariz. Rev. Stat. §16-602(G)
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Statute provides that the county officer in charge of elections and election board workers shall attempt to determine the voter’s intent. Page 240 of the 2023 Elections Procedures Manual describes the standards for determining voter intent. The members of the hand count board must reach a unanimous decision as to voter intent. If they cannot, statute provides that the officer in charge of the election makes the final determination.
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Arkansas
Ark. Code § 7-5-603(3)
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Statute gives the county board of election commissioners’ responsibility to determine voter intent in the case of overvotes (when it appears that two selections for the same race have been made) but provides no specific guidance. The State Board of Election Commissioners’ Rules for Voter Intent contain detailed definitions and visual examples of what constitutes a valid vote.
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California
Cal. Elec. Code § 15154
2 Cal. Code Regs. § 20282
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Statute provides a brief description of conditions which do and do not lead to a ballot being rejected. The secretary of state’s Uniform Vote Counting Standards in regulation provide detailed standards for what constitutes a valid vote.
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Colorado
Colo. Rev. Stat § 1-7-309, § 1-7-508
8 Colo. Code Regs 1505-1(18)
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Statute provides general guidance for the determination of voter intent on improperly marked ballots. Administrative rules include detailed uniform standards for counting paper ballots.
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Connecticut
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No guidelines in statute. The secretary of state’s Recanvass Procedure Manual includes visual examples of properly and improperly marked ballots on pages 29-31.
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Delaware
15 Del. Code § 4972
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Statute outlines rules that must be observed in determining those votes on paper ballots that must be counted.
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Florida
Fla. Stat. § 102.166(4)(b)
Fla. Admin. Code r. 1S-2.027
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Statute specifies that a vote shall be counted if there is a “clear indication on the ballot that the voter has made a definite choice,” and directs the department of state to adopt specific rules for each certified voting system for what constitutes a clear indication of the voter’s definite choice. Administrative rules contain detailed visual representations of what constitutes a valid vote.
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Georgia
Ga. Code § 21-2-435, § 21-2-437, §21-2-438
Ga. Comp R. and Regs. r. 183-1-15-.02
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Statute describes the proper manner of marking a ballot and the procedure for determining during counting which ballots are void. Administrative rules provide detailed standards for determining what constitutes a valid vote.
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Hawaii
Haw. Code Rules 3-177-769
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Administrative rules describe and provide visual examples of what valid and invalid ballot marks are.
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Idaho
Idaho Code § 34-1203
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Statute states that if it is impossible to determine an elector’s choice, a ballot is void. Election judges must count any part of the ballot that is sufficiently plain to determine the voter’s intention or choice. Statute also directs the secretary of state to adopt standards to define what constitutes a vote.
The Idaho election handbook contains directives for how to judge voter intent on pages J20-1 – J20-4.
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Illinois
10 Ill. Comp. Stat. Ann. § 5/17-100, § 5/18-100, § 5/24A-22, § 5/24B-9.1, §5/24C-10
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Statutes provide definitions of a vote on the various types of voting systems or equipment used in the state.
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Indiana
Ind. Code § 3-12-1-1 et. seq.
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Statutes require that voter intent be honored when it is discernible.
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Iowa
Iowa Code § 49.92 et seq.
Iowa Admin. Code r. 721-26.10 et. seq.
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Statutes provide guidance for determining appropriate voting marks. Administrative rules provide detailed directions for counting votes.
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Kansas
Kan. Stat. Ann. § 25-3002
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Statute describes rules for validity of ballots. The secretary of state publication Kansas Election Standards describes the standards for counting votes on pages 15-22 of chapter III.
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Kentucky
31 Ky. Admin. Regs. 6:030
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Administrative rules specify a uniform definition of a vote.
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Louisiana
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No statutory guidance and no administrative regulations.
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Maine
Me. Rev. Stat. Ann. tit. 21-A § 696(6)
Me. Code Rules 29-250-550
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Statute provides that if a voter marks their ballot in a way that does not conform to the instructions on the ballot but they mark it in a way that it is still possible to determine their choice, then the vote for the question or office must be counted. Statute also directs the secretary of state to adopt rules for determining voter intent based on relevant case law. Administrative rules contain descriptions of what constitutes a valid vote.
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Maryland
Md. Election Law Code Ann. § 11-302(d)(3)
Md. Code Regs. 33.08.02.01 to 33.08.02.03
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Statute directs the State Board of Elections to adopt regulations that reflect the policy that the clarity of the voter is the overriding consideration in determining the validity of an absentee ballot. Administrative rules contain detailed definitions of what constitutes a vote.
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Massachusetts
Mass. Gen. Laws Ann. ch. 54 § 109A
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Statute specifies that voter intent is the standard for counting and tabulating votes. So long as the voter’s expressed preference can be ascertained, the omission of initials, misspelling of names, or similar mistakes shall not invalidate that person’s vote for a candidate. During an election audit, the board of registrars must submit a report detailing the number of votes for each contest for which voter intent is discernable but were not marked according to the instructions on the ballot.
The secretary of state’s publication, Election Recounts, offers guidance on voter intent: see “The Will of the Voters” on page 7 and examples of previous court rulings on contested ballots on pages 12-15.
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Michigan
Mich. Comp. Laws § 168.803
Mich. Admin. Code r. 168.924
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Statute lists rules governing the counting and recounting votes, and also authorizes the secretary of state to issue instructions. Administrative rules provide further detailed guidance.
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Minnesota
Minn. Stat. § 204C.22
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Statute specifies principles for determining voter intent.
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Mississippi
Miss. Code Ann § 23-15-523
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Statute specifies that members of the resolution board (an appointed board that reviews ballots that have been rejected due to damage, defects, blanks or overvotes) are directed to ascertain the intent of the voter if possible, and manually count any damaged or defective ballots. Statute provides further guidelines for the board in ascertaining the intent of the voter.
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Missouri
Mo. Rev. Stat. § 115.456
Mo. Code Regs. Ann. tit. 15, 30-9.020 et seq.
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Statute provides guidance for how to construe ballot markings, using the criteria of whether there is a distinguishing mark like an oval or arrow adjacent to the candidate or question or if the preference is circled. Administrative rules detail uniform counting standards and include visual representations of valid votes.
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Montana
Mont. Code Ann § 13-15-206(7)
Mont. Admin R. 44.3.2402
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Statute directs the secretary of state to adopt rules defining a valid vote and provides that a majority of counting board members must agree upon a voter’s intent for the vote to be valid. Administrative rules contained detailed directions for determining a valid vote.
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Nebraska
Neb. Rev. Stat. § 32-901, § 32-1003, § 32-1004, § 32-1015
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Statutes describe how to properly mark a ballot and a process by which counting boards resolve questions of the legality of votes. The ballot counting resolution board members must agree unanimously upon the legality of a vote for it to be counted as valid.
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Nevada
Nev. Rev. Stat § 293.3677, § 293.367
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Statutes describe standards for counting votes and guidelines for when to reject ballots for defects or illegality.
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New Hampshire
N.H. Rev. Stat. Ann. § 659:64
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Statute provides general guidelines for determining the intention of the voter. The secretary of state’s Election Procedure Manual: 2024-25 contains a section defining what constitutes a legal vote and legal voting mark on pages 92-98.
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New Jersey
N.J. Rev. Stat. § 19:16-3, § 19:53C-15
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Statutes describe instructions for counting votes and standards for validity of provisional ballots.
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New Mexico
N.M, Stat. Ann. § 1-1-5.2, § 1-14-22(A)
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Statute provides guidance for how to ascertain intent for paper ballots, whether machine-tabulated or hand-tallied. Statute directs the secretary of state to issue rules governing and allowing procedures for reviewing the qualification of provisional ballot envelopes, absentee and other paper ballots.
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New York
N.Y. Elec. Law § 9-112
N.Y. Comp. Codes R. & Regs. tit. 9 § 6210.13, § 6210.15
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Statute provides guidelines for determining the validity of ballots. Administrative rules describe uniform, nondiscriminatory standards for establishing what constitutes a vote and what shall be counted as a vote for all categories of voting systems in the state.
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North Carolina
N.C. Gen. Stat. § 163-182.1(a)
8 N.C. Admin. Code 9.0109 Memo 2019-07
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Statute directs the State Board of Elections to adopt uniform and nondiscriminatory procedures and standards for voting systems, including definitions of what constitutes a vote and what will be counted as a vote for each category of voting system used in the state. Administrative rules contain general guidelines for determining valid votes. Memo 2019-07, “What Constitutes a Vote,” contains guidance and examples of what constitutes a valid vote.
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North Dakota
N.D, Cent. Code § 16.1-06-26
N.D. Admin Code 72-06-01-05, 72-06-01-06
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Statute permits the secretary of state to adopt rules to define what constitutes a vote on each electronic voting system and electronic counting machine which has been certified for procurement in the state. Administrative rules define a vote on optical scan and direct record electronic voting systems.
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Ohio
Ohio Rev. Code § 3506.21
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Statute provides a description of what constitutes a valid vote.
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Oklahoma
Okla. Stat. tit. 26, § 7-127
Okla. Admin. Code 230:45-5-19
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Statute provides that a valid vote shall be any mark prescribed by the Secretary of the State Election Board made by voters indicating the voter's choice of party, candidate or issue on a ballot. Administrative rules contain specific rules for counting ballots.
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Oregon
Or. Rev. Stat. § 254.505
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Statute provides general guidelines for counting ballots. The secretary of state’s Vote by Mail Procedures Manual includes rules for determining voter intent, beginning on page 36.
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Pennsylvania
25 Pa. Stat. § 3063, § 3155
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Statutes describe which ballots should be counted and the manner of computing irregular ballots.
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Rhode Island
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No statutory guidance on determining voter intent. The State Board of Elections’ Guide for Mail Ballot Tabulation provides general guidelines for processing ballots that cannot be “read” by an automated ballot counter.
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South Carolina
S.C. Code § 7-13-1120
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Statute provides procedures to determine the disposition of improperly marked ballots. The secretary of state election commission’s poll managers handbook provides additional guidance for evaluating voter intent when hand counting ballots.
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South Dakota
S.D. Codified Laws § 12-20-7, § 12-20-51
S.D. Admin. R. 5:02:09:22
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Statute directs the State Board of Elections to promulgate rules defining standards for determining voter intent. It also provides that a majority of the members of the state canvassing board shall decide all matters of dispute and that it is their “duty to disregard all technicalities and misspelling, the use of initial letters or abbreviations of the names of candidates, if it can be ascertained from the returns for whom the votes were intended.”
Administrative rule provides simply that “A mark that touches the oval on an optical scan ballot shall be counted as a vote; any mark that does not touch the oval and is not in the oval may not be counted as a vote.”
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Tennessee
Tenn. Code Ann. § 2-7-133
Tenn. Comp. R. and Regs. 1360-2-12-.05(7)
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Statute describes which ballots may be counted. Administrative rules provide additional guidance.
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Texas
Tex. Elec. Code § 65.009
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Statute provides guidelines for determining the intent of the voter based on markings on the ballot. The secretary of state’s publication on qualifying voters on election day includes guidance on determining a voter’s intent beginning on page 75.
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Utah
Utah Code § 20A-4-105
Utah Admin. Code r. 623-2
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Statute specifies standards and requirements for counting judges to use when evaluating a voter’s choice. Administrative rules provide uniform ballot counting standards.
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Vermont
17 Vt. Stat. Ann. § 2587
Code Vt. R. 04.010-003
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Statute contains basic guidelines for evaluating voter intent and directs the secretary of state to adopt rules providing further guidance. Administrative rules provide for uniform, nondiscriminatory standards for establishing what constitutes a vote and what shall be counted as a vote for all categories of voting systems and voting procedures used in Vermont. See also the secretary of state's Election Procedures manual, appendices K and M.
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Virginia
Va. Code § 24.2-802, § 24.2-644
1 Va. Admin. Code 20-80-20
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Statute directs the State Board of Elections to promulgate standards for accurate counting of votes based upon objective evidence and taking into account the voting system and form of ballots approved for use in the commonwealth. It also provides some guidelines on what constitutes a valid vote for presidential electors. Administrative regulations specify that voter intent for hand-counted ballots is determined in accordance with the guidelines adopted by the State Board of Elections. The State Board of Elections’ Guide to Hand-Counting Ballots provides many visual representations of what constitutes a valid vote.
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Washington
Wash. Rev. Code § 29A.60.040
Wash. Admin. Code 434-261-086
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Statute describes when ballots must be rejected. Administrative rules specify statewide standards on what is a valid vote. The secretary of state also publishes Voter Intent: Statewide Standards on What Is a Vote.
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West Virginia
W. Va Code § 3-6-7
W. Va. Code R. 153-27-1 to 153-27-4
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Statute describes procedures for handling irregular ballots. Administrative rules define what constitutes a valid vote and describe procedures for handling optical scan ballots.
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Wisconsin
Wis. Stat. § 7.50
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Statute provides basic guidance for ascertaining voter intent. The Wisconsin Elections Commission has published that provide more detail.
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Wyoming
Wyo. Stat. § 22-14-114
Wyo. Code R. 002-005-6
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Statute permits the secretary of state to promulgate rules establishing standards for when the intent of the voter is unmistakable, but the ballot was received in such damaged, soiled, or other condition that it is rejected by the machine. Administrative rules spell out those standards.
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