Uniform Vote Counting Standards :: California Secretary of State

California Code of Regulations

Title 2. Administration

Division 7. Secretary of State

Chapter 4.5 Uniform Vote Counting Standards

20280.1 Purpose.

The purpose of this Chapter is to provide standards to define the circumstances under which “marking” of a ballot constitutes a vote and when a vote will or will not count in California.

Note: Authority cited: Section 12172.5, Government Code. Reference: 52 U.S.C. 21081(a)(6); and Section 12172.5, Government Code.

20281. Definitions.

As used in this Chapter, the following words have the following meanings:

A "blank ballot” is a ballot on which the voter has made no marks in any voting position target.
“Candidate” means a person who is seeking nomination or election to a specified office and
who either has met the legal requirements to have their name printed on the ballot or is eligible to
have their name written in on the ballot and counted as the voter's choice for the contest.
A “damaged ballot” is a ballot that has been torn, bent, or otherwise mutilated or rendered
unreadable such that it cannot be processed by the ballot tabulating equipment designed for use with the ballot.
A “duplicated ballot” is a ballot which is a true copy of the originally cast ballot. It is created when damage, improper marking or some other action/defect prevents the original ballot from being read by a ballot tabulating machine and is used to properly process and count the votes originally cast by the voter. A duplicated ballot also is necessary for a ballot cast using a remote accessible vote-by-mail ballot.
A “listed candidate” is a candidate whose name appears on the ballot at the time the voter received the ballot, as opposed to a write-in candidate.
A “measure” is a ballot proposition, which appears on a ballot and requires voter action in order to enact or reject a proposed law.
An “overvote” occurs when a voter marks more than the maximum number of voting position targets allowed in the contest.
“Personal information” shall have the meaning set forth in Elections Code section 14287
An “undervote” occurs when a voter marks less than the maximum number of voting position
targets allowed in a contest.
A “voting position target” refers to that area of the ballot adjacent to each candidate or measure, or that area of the ballot, specifically designated to record the voter's choice for that contest. The term applies to all types of voting position targets on ballots, regardless of what form they may take, including, but not limited to, rectangle, oval, circle, square, hole punch,cross punch, slotting and open arrow.

Note: Authority cited: Section 12172.5, Government Code. Reference: 52 U.S.C.21081(a)(6); Sections 303.3, 14287 and 15210, Elections Code; and Section 12172.5, Government Code.

20282. General Vote Counting Standards.

The following general standards shall apply in the counting of all ballots and votes, regardless of the vote tabulation method used, for the initial count, 1 percent manual tally, and any recount.

A ballot that is not marked as provided by law must be segregated and counted in the manner directed by the elections official and as required by law. Any ballot that contains personal information, or that is torn, bent, or mutilated shall be segregated as directed by the elections official and a duplicate ballot shall be prepared pursuant to Elections Code section 15210. A ballot that contains marks or markings not related to an indication of the vote choice for a contest and that are not personal information shall be counted. Duplication is not required unless the ballot contains personal information, or the condition of the ballot or markings on the ballot interfere with the ability of the vote tabulation equipment to tally the ballot.
A vote for any candidate or ballot measure shall not be rejected solely because the voter failed to follow instructions for marking the ballot. If, for any reason, it is impossible to determine the choice of the voter for any candidate or ballot measure, the vote for that candidate or ballot measure shall be considered void.
A mark is considered valid when it is clear that it represents the voter’s choice and is the technique consistently used by the voter to indicate their selections.
1. Such marks may include, but are not limited to, properly filled-in voting position targets, checkmarks, X’s, circles, arrows, or any other clear indication of the voter’s choice, such as the word “yes” next to a candidate’s name or a voting position target for a ballot measure.
2. Conversely, a mark crossed out by the voter, or the word “no” next to a candidate’s name or a voting position target for a ballot measure shall not be considered to be a valid vote but will, instead, be deemed an indication that the voter did not choose to cast a vote for that candidate or measure.
In determining the validity of a partially filled-in voting position target, the consistency of a voter’s marks on the entire ballot shall be taken into consideration. A “hesitation mark” such as a dot in the voting position target shall not be considered a valid mark unless it is demonstrated that the voter consistently marked their ballot in such a manner.
If a contest is marked with more choices than there are offices to be filled or measures that may prevail, the vote shall not be counted for that contest, but shall be counted in all other contests in which there is no overvote and the voter's choice can be clearly determined.
If a contest is marked with fewer choices than there are offices to be filled or measures that may prevail, the vote choice(s) for all otherwise properly marked candidates or measures shall be counted.
Write-in votes shall be counted pursuant to the provisions established in Elections Code sections 14420, 15342 and 15342.5.

Note: Authority cited: Section 12172.5, Government Code. Reference: 52 U.S.C. 21081(a)(6); Sections 13204, 14287, 14420, 15154, 15208, 15210, 15342, 15342.5 and 15360, Elections Code; and Section 12172.5, Government Code.

20283. Optical Scan Voting Systems.

When optical scan technology is used to count the votes on a ballot, the provisions of this section shall apply.
The following standards shall be used to determine whether there is a clear indication on the ballot that the voter has made a definite choice. The examples used in this section refer to the “voting position target” as defined in Section 20281. The same principles demonstrated in the examples below shall apply to all types of voting position targets on optical scan ballots, regardless of what form they may take (e.g., rectangle, oval, circle, square, open arrow).
A voter’s choice shall be considered a valid vote if the voter:
1. Indicates their vote choice by consistently filling inside the entire voting position target.
2. Indicates their vote choice by consistently filling in less than the entire voting position target for all vote choices on the ballot and the ballot is processed in a manner consistent with the use procedures provided and approved for the voting system used in the county.
3. Indicates their vote choice by consistently placing a distinctive mark, such as (X) or (√) or (←), inside the associated voting position target for a candidate choice or ballot measure.
4. Indicates their vote choice by consistently placing a distinctive mark, such as (X) or (√) or (←), in the corresponding space directly above, below or beside the associated voting position target for a candidate or ballot measure.
5. Marks their vote choices by encircling the entire voting position target for a candidate or ballot measure, or the candidate’s name or Yes/No option for a measure.
6. Indicates a voting error correction by using correction tape, strikeover, white-out or generic written note of instruction and marks another vote choice for the same contest on the ballot.
7. Writes in a qualified write-in candidate's name, or a reasonable facsimile of the spelling of the name, in the designated write-in spaces directly below the list of candidates for that office and marks the associated write-in voting target position.
8. Writes in a listed candidate’s name in the designated write-in space and marks the associated write-in voting target position. In such case, the vote shall be counted as a single vote for the listed candidate.
9. Marks a voting target position for a listed candidate and also enters the listed candidate’s name in the designated candidate write-in space. In such case, the vote shall be counted as a single vote for the listed candidate.
10. Writes in a qualified write-in candidate’s name, or a reasonable facsimile of the spelling of the name, on the secrecy sleeve envelope or stub and indicates the contest for which the vote is being cast, in the case of voting systems where write-in spaces appear separately from the list of candidates for an office and do not provide voting position targets.
A voter’s choice shall be considered an invalid vote if the voter:
1. Uses random markings, indentations, punctures, impressions, squiggly lines, dimple or crimp marks, pinholes, or pinpricks on a ballot, and there is no distinctive and consistent voting pattern to clearly indicate the voter’s choice(s).
2. Indicates vote choice by filling in less than the entire voting position target, and the voter has not consistently marked the entire ballot in the same manner, making the voter’s choice unclear.
3. Inconsistently places a mark above, below, or beside the associated voting position target on a ballot, instead of inside the voting position target, and the voter’s choice cannot be clearly determined.
4. Writes in the name of a person who has not qualified as a write-in candidate.
5. Writes in a listed candidate’s name in the designated write-in space and fills in the associated voting position target for a different listed candidate in the same contest.
6. Writes in a candidate name that is unrecognizable/undecipherable and it cannot be determined for whom the vote is intended to be cast.
7. Writes in a qualified write-in candidate's name in the designated write-in space and does not fill in the associated voting position target for the write-in candidate. However, in the event of a manual tally pursuant to Title 2, Division 7, Chapter 4.6 of the California Code of Regulations, or a manual recount, pursuant to Elections Code section 15342.5 if the intent of the voter can be determined, the vote shall be counted regardless of whether the voter has filled in the associated voting position target for the write-in candidate.
8. Uses pressure-sensitive stickers, rubber stamps, glued stamps, or any other device not provided for in the voting procedures for the approved voting system used by the county to indicate the name of the voter’s choice for a write-in candidate.
If the voter leaves the voting booth without casting the ballot, the precinct official shall cause the ballot to be cast without examining the ballot.

Note: Authority cited: Section 12172.5, Government Code. Reference: 52 U.S.C. 21081(a)(6); Sections 15154 and 15342.5, Elections Code; and Section 12172.5, Government Code.

20284. Other Paper Systems.

A paper ballot shall be subject to the standards in the section applicable to the voting system on which it is processed.
When paper ballots, or voting responses on paper other than a ballot, are counted by manual tally, the provisions of Title 2, Division 7, Chapter 4.6 of the California Code of Regulations shall apply.