§ 31-10-612 — Defective ballots

If a voter marks in ink or indelible pencil more
names than there are persons to be elected to an office or if, for any reason, it is
impossible to determine the choice of any voter for any office to be filled, his ballot
shall not be counted for such office. A defective or an incomplete cross marked on
any ballot in ink in a proper place shall be counted if there is no other mark or cross
in ink or indelible pencil on such ballot indicating an intention to vote for some
person other than those indicated by the first mentioned defective cross or mark.
No ballot without the official endorsement, except as provided in section 31-10-805,
shall be deposited in the ballot box, and none but ballots provided in accordance
with the provisions of this article shall be counted. When the judges of election in
any precinct discover in the counting of votes that the name of any candidate voted
for is misspelled or the initial letters of his given name are transposed or omitted in
part or altogether on the ballot, the vote for such candidate shall be counted for
him if the intention of the elector to vote for him is apparent. Ballots not counted
shall be marked defective on the back thereof and shall be preserved for such
time as is provided in section 31-10-616 for ballots and destroyed as therein
directed.

Legislative History

Source: L. 75: Entire title R&RE, p. 1052, � 1, effective July 1.