Election Laws


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Section 17-6-28

Requirements for write-in votes.

THIS SECTION WAS AMENDED BY ACT 2016-450 IN THE 2016 FIRST SPECIAL SESSION, EFFECTIVE NOVEMBER 1, 2016. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.

Write-in votes shall be permitted only in non-municipal general elections. The ballot must be constructed so that the voter can mark a write-in vote for each office in the same manner that votes are registered for regular candidates. In order to cast a valid write-in vote, the voter must (1) write the name on the ballot and (2) register the vote by a mark in the space designated for that office. A write-in vote shall not be counted if the vote is not registered as provided above. If a voter registers a vote for a name on the ballot and then writes in another name for the same office but fails to register the write-in vote, the ballot shall be treated as if no write-in vote had occurred and the regular vote shall be counted. If a properly registered write-in vote causes an over-vote, it shall be treated as any other over-vote and none of the votes for the over-voted office shall be counted. However, the remainder of the ballot shall be counted. When counting write-in votes, poll officials must check for over-votes if the electronic ballot counter does not perform the function.

(Act 2006-570, p. 1331, §32.)
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