§ 17-12-13 — Procedure; Improperly Marked Ballots

Except where precinct ballot counters are used in counting the ballots, the inspector must take the ballots, one by one, from the box in which they have been deposited, at the same time reading aloud the names of the persons voted for and the office for which such persons are voted for; the inspector must separately keep a calculation of the number of votes each person receives and for what office he or she receives them; if the elector has marked more names than there are persons to be elected to an office, or if for any reason it is impossible to determine the elector’s choice for any office to be filled, the ballot shall not be counted for such office, but this shall not vitiate the ballot so far as properly marked, nor shall any ballot be rejected for any technical error which does not make it impossible to determine the elector’s choice, and nothing in the election law shall be construed so as to prevent any elector from voting for any qualified person other than those whose names are printed on the ballot.

Legislative History

(Code 1852, §222; Code 1867, §264; Code 1876, §286; Code 1886, §382; Code 1896, §1638; Code 1907, §414; Code 1923, §504; Code 1940, T. 17, §193; §17-13-2; amended and renumbered by Act 2006-570, p. 1331, §56.)