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Alabama
Ala. Code 17-12-13
Ala. Admin. Code 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
AS 15.15.360
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Statute spells out rules for counting ballots. Page 9 of the 2014 Recount Handbook offers examples of what constitutes a valid vote.
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Arizona
ARS 16-602(G)
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Page 233 of the 2019 Elections Procedures Manual describes the standards for determining voter intent in hand counts. The members of the hand count board are required to 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(2)(B)
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The secretary of state's Rules for Voter Intent contain detailed definitions and visual examples of what constitutes a valid vote. Statute declares that it is poll workers’ responsibility to determine voter intent in the case of overvotes, but provides no guidance.
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California
CA Elec. Code 15154
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The secretary of state’s Uniform Vote Counting Standards provides detailed standards for what constitutes a valid vote. Statute provides a brief description of conditions which do and do not lead to a ballot being rejected.
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Colorado
CRS 1-7-309 and -508
8 CCR 1505-1-18
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Statute provides general guidance for the determination of 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 pp. 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 directs Department of State to adopt specific rules for the federal write-in absentee ballot and for each certified voting system prescribing what constitutes a “clear indication on the ballot that the voter has made a definite choice.” Administrative rules contain detailed visual representations of what constitutes a valid vote.
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Georgia
OCGA 21-2-435 and -437
GA RandR 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
HAR 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. Directs secretary of state to adopt standards to define what constitutes a vote.
Idaho Election Handbook contains directives for how to judge voter intent on pages J20-1 – J20-4. Procedural Manual for Judges and Clerks of Elections contains directives for counting paper ballots on pp. 83-85.
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Illinois
10 ILCS 5/17-100, 5/18-100, 5/24A-22, 5/24B-9.1 and 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
IC 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.
IAC 721.26.1 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
KS Stat. 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 KAR 60:030
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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
21-A M.R.S. 696(6)
29-50 C.M.R. Chap. 550
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Statute 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)
COMAR 33.08.02
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Statute directs 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
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Secretary of state publication Election Recounts offers guidance on voter intent: see “The Will of the Voters” on p. 7 and examples of previous court rulings on contested ballots on pp. 12-15.
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Michigan
MCL 168.803
Mich. Admin. Code r. 168.934 and .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
MS 204C.22
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Statute specifies principles for determining voter intent.
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Mississippi
MCA 23-15-523
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Statute specifies guidelines for ascertaining the intent of the voter.
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Missouri
Mo.Rev.Stat. 115.456
15 CSR 30-9.010 et seq.
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Statute provides guidance for how to construe ballot markings. Administrative rules detail uniform counting standards and include visual representations of valid votes.
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Montana
MCA 13-15-206(7)
ARM 44.3.2402
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Statute directs the secretary of state to adopt rules defining a valid vote. Administrative rules contained detailed directions for determining a valid vote.
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Nebraska
NRS 32-901, -1003, -1004 and -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.
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Nevada
NRS 293.3677 and .367
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Statutes describe standards for counting votes.
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New Hampshire
NH RSA 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: 2020-2021 contains a section defining what constitutes a legal vote and legal voting mark on pp. 98-101.
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New Jersey
NJSA 19:16-3 and 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
NMSA 1-1-5.2 and 1-14-22(A)
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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. Statutes provide guidance for how to ascertain intent for paper ballots, whether machine-tabulated or hand-tallied.
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New York
NY Elec. Law 9-112
9 CRR-NY 6210.13 and 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
NCGS 182.1
08 NCAC 09.0106
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
NDCC 16.1-06-26
NDAC 72-06-01-05 and -06
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Statute permits 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
ORC 3506.21
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Statute provides a description of what constitutes a valid vote.
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Oklahoma
OK Stat. 26-7-127
OAC 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
ORS 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 39.
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Pennsylvania
25 PS 3063 and 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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The secretary of state's publication Procedures 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
SC Code 11-13-1120
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Statute provides procedures to determine the disposition of improperly marked ballots. The secretary of state’s Poll Managers Handbook provides additional guidance for evaluating voter intent when hand-counting ballots.
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South Dakota
SDCL 12-20-7
ARSD 5:02:09:22
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Statute directs the State Board of Elections shall promulgate rules defining standards for determining voter intent. 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
TCA 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. The secretary of state’s publication 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 evaluating a voter’s choice. Administrative rules provide uniform ballot counting standards.
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Vermont
17 VSA 2587
CVR 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 2020 Election Procedures manual, appendices K and M.
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Virginia
Va. Code 24.2-712(D), -644 and -802
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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. A document called Ballot Examples: Hand Counting Printed Ballots for Virginia Elections or Recounts provides many visual representations of what constitutes a valid vote.
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Washington
RCW 29A.60.040
WAC 434-61-286
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Statute describes when ballots must be rejected. Administrative rules specify statewide standards on what is a vote. The secretary of state also publishes Voter Intent: Statewide Standards on What Is a Vote.
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West Virginia
WVa Code 3-6-7
W.Va. Code R. 153-27
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Statute describes procedures for handling irregular ballots. Administrative rules describe procedures for handling optical scan ballots.
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Wisconsin
Wisc. Stat. 7.50(2)
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Statute provides basic guidance for ascertaining voter intent. A Wisconsin Election Commission publication entitled Counting Votes at the Spring Primary, Spring Election and General Election provides more detail.
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Wyoming
Wyo. Stat. 22-14-114
002-0005-6 Wyo. Code. R.
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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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