Sec. 24B-9.1. Examination of votes by electronic Precinct Tabulation Optical Scan Technology Scanning Process or other authorized electronic process; definition of a vote.

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(a)Whenever a Precinct Tabulation Optical Scan Technology process is used to automatically examine and count the votes on ballot sheets, the provisions of this Section shall apply. A voter shall cast a proper vote on a ballot sheet by making a mark, or causing a mark to be made, in the designated area for the casting of a vote for any party or candidate or for or against any proposition. For this purpose, a mark is an intentional darkening of the designated area on the ballot, and not an identifying mark.

(b)For any ballot sheet that does not register a vote for one or more ballot positions on the ballot sheet on an electronic Precinct Tabulation Optical Scan Technology Scanning Process, the following shall constitute a vote on the ballot sheet:

(1)the designated area for casting a vote for a particular ballot position on the

ballot sheet is fully darkened or shaded in;

(2)the designated area for casting a vote for a particular ballot position on the

ballot sheet is partially darkened or shaded in;

(3)the designated area for casting a vote for a particular ballot position on the

ballot sheet contains a dot or ".", a check, or a plus or "+";

(4)the designated area for casting a vote for a particular ballot position on the

ballot sheet contains some other type of mark that indicates the clearly ascertainable intent of the voter to vote based on the totality of the circumstances, including, but not limited to, any pattern or frequency of marks on other ballot positions from the same ballot sheet; or

(5)the designated area for casting a vote for a particular ballot position on the

ballot sheet is not marked, but the ballot sheet contains other markings associated with a particular ballot position, such as circling a candidate's name, that indicates the clearly ascertainable intent of the voter to vote, based on the totality of the circumstances, including, but not limited to, any pattern or frequency of markings on other ballot positions from the same ballot sheet.

(c)For other electronic voting systems that use a computer as the marking device to mark a ballot sheet, the bar code found on the ballot sheet shall constitute the votes found on the ballot. If, however, the county clerk or board of election commissioners determines that the votes represented by the tally on the bar code for one or more ballot positions is inconsistent with the votes represented by numerical ballot positions identified on the ballot sheet produced using a computer as the marking device, then the numerical ballot positions identified on the ballot sheet shall constitute the votes for purposes of any official canvass or recount proceeding. An electronic voting system that uses a computer as the marking device to mark a ballot sheet shall be capable of producing a ballot sheet that contains all numerical ballot positions selected by the voter and provides a place for the voter to cast a write-in vote for a candidate for a particular numerical ballot position.

(d)The election authority shall provide an envelope, sleeve, or other device to each voter so the voter can deliver the voted ballot sheet to the counting equipment and ballot box without the votes indicated on the ballot sheet being visible to other persons in the polling place.