Section 250-550-4 - DETERMINING VOTER CHOICEMaine statute provides, in Title 21-A § 696(4), that if a voter marks the ballot in a manner that differs from the instructions at the top of the ballot but in such a manner that it is possible to determine the voter's choice, then the vote for the office or question concerned must be counted. If the voter marks the ballot in such a manner that it is impossible to determine the voter's choice, then the vote for that office or question may not be counted. (Title 21-A § 696(2)(B)). If a voter marks the ballot in a manner that differs from the instructions at the top of the ballot, election officials shall attempt to determine the voter's choice in accordance with the following rules.
1.Failure to fully mark voting indicator. Where the voter has made some mark in the voting indicator, but has not fully completed it, the voter's intent must be determined as follows:A. The vote must be counted if 1 the majority of the space in the voting indicator is filled in;2 an "x," check mark, plus sign ("+"), asterisk, or star has been placed within the voting indicator for a particular candidate or ballot question choice and the voter has marked the voting indicator in the same manner for at least some other offices or ballot questions appearing on the ballot; or3 a horizontal, vertical or diagonal line has been placed within the voting indicator for a particular candidate or ballot question choice, and either the voter has marked the voting indicator in the same manner for at least some other offices or ballot questions on the same ballot, or it otherwise appears from the nature of the mark in the voting indicator space that the voter intentionally moved the pen or pencil across the paper from one point to another.B. The vote must not be counted if:1 there is only a small dot or a light pen or pencil mark inside the voting indicator that could have been made by merely resting the pen or pencil on the ballot and does not suggest that the voter intentionally moved the pen or pencil across the paper from one point to another; or2 the mark in the voting indicator is not definite and is inconsistent with the manner in which the voter has marked the rest of the ballot.2.Marks made outside the voting indicator. Where the voter has not marked the voting indicator but has made other marks on the ballot, the voter's intent must be determined as follows:A. The vote must be counted if: 1 there is an "x," check mark, plus sign, asterisk, star or definite horizontal, vertical or diagonal line, a portion of which is contained in the voting indicator, provided it does not extend into the voting indicator for an opposing candidate or ballot question choice;2 the mark made by the voter is near, although not within, the voting indicator and is closer to the indicator or name of that candidate or ballot question choice than to any opposing candidate or ballot question choice;3 the voting indicator is circled or underlined, or clearly marked in some other way that indicates the voter's intent to make a choice;4 the candidate's name or the ballot question choice is circled or underlined;5 the candidate's party affiliation or party designation is circled or underlined;6 an arrow or line connects the voting indicator to the candidate's name or ballot question choice;7 a check mark appears next to the candidate's name or ballot question choice;8 the voter has written words of affirmative choice (such as "vote for Smith" or "vote yes") in the area for the specific contest; or9 the voter has crossed out the name of all but one candidate for the same office, provided the voter has consistently marked other races on the ballot in this manner.B. The vote must not be counted if:1 the mark made is equidistant between the voting indicators or names of two opposing candidates or ballot question choices; or2 the mark appears to be a stray mark, not made by the voter with the intent to indicate a definite choice.3.Cross-outs or erasures. Where the voter has filled in more than one indicator for an office or ballot question choice, but the marking in one of the indicators is crossed out or erased, the voter's intent must be determined as follows: A. If one of the voting indicators for two candidates or ballot question choices is crossed out or scribbled over, the vote must be counted for the other candidate or ballot question choice for which the voting indicator is filled in and is not crossed out or scribbled over.B. If it is apparent that the voter erased the markings on one indicator, the vote must be counted for the other candidate or ballot question choice for which the indicator is clearly filled in.C. If one indicator is merely filled in more lightly than the other, such that it is impossible to tell whether the voter intended to eliminate one choice, then it must be treated as an invalid overvote and may not be counted, in accordance with §3, sub-§2 of this rule.4.Write-in votes. Where the voting indicator next to the space for a write-in candidate has been filled in, or is otherwise marked in a manner that makes it possible to determine the voter's choice in accordance with this chapter, and the name of a declared write-in candidate has been placed in that space, A. The vote must be counted even if: 1 the candidate's name is abbreviated, misspelled or incomplete, provided it is still possible to identify the candidate as the one who is a declared write-in candidate for that office;2 only the last name of the candidate is included, provided there is no other declared write-in candidate for that office with the same last name as the one appearing in the write-in space; or3 the voter has written in the name of a candidate whose name is already printed on the ballot for that office.29-250 C.M.R. ch. 550, § 4