183-1-15-.02 Definition of Vote.
(1) DRE Equipment. A vote cast on a DRE unit shall be the choice made by a voter by:
(a) Pressing the appropriate place on the DRE unit's touchscreen to cause an "X" or similar designation to display adjacent to the name of the candidate or answer to a question for which the voter desires to vote;
(b) Typing on the touchscreen the name of a qualified write-in candidate in accordance with the instructions for voting on the DRE unit; or
(1) DRE Equipment. A vote cast on a DRE unit shall be the choice made by a voter by:
(a) Pressing the appropriate place on the DRE unit's touchscreen to cause an "X" or similar designation to display adjacent to the name of the candidate or answer to a question for which the voter desires to vote;
(b) Typing on the touchscreen the name of a qualified write-in candidate in accordance with the instructions for voting on the DRE unit; or
(c) Pressing the appropriate buttons on the keypad in the case of persons using the VWD device attached to the DRE unit.
(2) Lever-type Voting Machines. A vote cast on a lever-type voting machine shall be the choice made by a voter by either operating the lever adjacent to the name of the candidate or answer to a question for which the voter desires to vote or by writing of the name of a qualified write-in candidate on the machine in accordance with the instructions for voting on the voting machine and then recording such votes on the machine by the actuation of the main lever which casts such votes and returns the other levers to their original positions.
(3) Optical Scan Voting Systems.
(a) A vote cast on an optical scan voting system shall be the choice made by a voter by either:
1. Filling in the oval or completing the arrow adjacent to the name of the candidate or answer to a question for which the voter desires to vote; or
2. Filling in the oval or completing the arrow adjacent to the appropriate write-in space and writing the name of a qualified write-in candidate in the appropriate space on the ballot as specified in the instructions for voting such ballot.
(b) In reviewing an optical scan ballot which has been rejected as containing an overvote in accordance with O.C.G.A. § 21-2-483(g)(2), if the voter filled in the oval or completed the arrow next to the name of a candidate whose name appears on the ballot and filled in the oval or completed the arrow adjacent to the write-in space and wrote the name of the same candidate in the write-in space for the same office, the properly cast vote shall be counted and the write-in vote shall be ignored.
(c) If, in reviewing an optical scan ballot which has been rejected as containing an overvote in accordance with O.C.G.A. § 21-2-483(g)(2), it appears that there is a properly cast vote and what is clearly a stray mark which has caused the tabulator to read the vote for such office as an overvote, the properly cast vote shall be counted and the stray mark
shall be ignored.
(d) If, in reviewing an optical scan ballot which has been rejected as containing an overvote in accordance with O.C.G.A. § 21-2-483(g)(2), a voter marks his or her ballot in a manner other than that specified by law and this rule, the votes shall be counted if, in
the opinion of the vote review panel as provided in O.C.G.A. § 21-2-483(g)(2)(B), the voter has clearly and without question indicated the candidate or candidates and answers to questions for which such voter desires to vote.
(e) When an optical scan ballot contains stray marks or marks which prevent the tabulating machine from properly recording valid votes as determined under this rule and by law, the ballot shall be duplicated in accordance with law to correct such problems and
the duplicate shall then be tabulated.
(4) Paper Ballots.
(a) A vote cast on a paper ballot shall be a choice made by a voter by either:
1. Placing an "X", a check, or other similar mark in the square adjacent to the name of the candidate or answer to a question for which the voter desires to vote; or
2. Writing the name of a qualified write-in candidate in the appropriate space on the ballot as specified in the instructions for voting such ballot.
(b) If a voter marks his or her paper ballot in a manner other than that specified by law and this rule, the votes shall be counted if, in the opinion of the poll officers as provided in O.C.G.A. § 21-2-439, the voter has clearly and without question indicated the
candidate or candidates and answers to questions for which such voter desires to vote.
(c) If the voter marked the square next to the name of a candidate whose name appears on the ballot and wrote in the name of the same candidate in the write-in space for the same office, the properly cast vote shall be counted and the write-in vote shall be ignored.
(5) Write-in Votes. In no event shall votes cast for write-in candidates who have not qualified in accordance with O.C.G.A. § 21-2-133 be counted or recorded.
(2) Lever-type Voting Machines. A vote cast on a lever-type voting machine shall be the choice made by a voter by either operating the lever adjacent to the name of the candidate or answer to a question for which the voter desires to vote or by writing of the name of a qualified write-in candidate on the machine in accordance with the instructions for voting on the voting machine and then recording such votes on the machine by the actuation of the main lever which casts such votes and returns the other levers to their original positions.
(3) Optical Scan Voting Systems.
(a) A vote cast on an optical scan voting system shall be the choice made by a voter by either:
1. Filling in the oval or completing the arrow adjacent to the name of the candidate or answer to a question for which the voter desires to vote; or
2. Filling in the oval or completing the arrow adjacent to the appropriate write-in space and writing the name of a qualified write-in candidate in the appropriate space on the ballot as specified in the instructions for voting such ballot.
(b) In reviewing an optical scan ballot which has been rejected as containing an overvote in accordance with O.C.G.A. § 21-2-483(g)(2), if the voter filled in the oval or completed the arrow next to the name of a candidate whose name appears on the ballot and filled in the oval or completed the arrow adjacent to the write-in space and wrote the name of the same candidate in the write-in space for the same office, the properly cast vote shall be counted and the write-in vote shall be ignored.
(c) If, in reviewing an optical scan ballot which has been rejected as containing an overvote in accordance with O.C.G.A. § 21-2-483(g)(2), it appears that there is a properly cast vote and what is clearly a stray mark which has caused the tabulator to read the vote for such office as an overvote, the properly cast vote shall be counted and the stray mark
shall be ignored.
(d) If, in reviewing an optical scan ballot which has been rejected as containing an overvote in accordance with O.C.G.A. § 21-2-483(g)(2), a voter marks his or her ballot in a manner other than that specified by law and this rule, the votes shall be counted if, in
the opinion of the vote review panel as provided in O.C.G.A. § 21-2-483(g)(2)(B), the voter has clearly and without question indicated the candidate or candidates and answers to questions for which such voter desires to vote.
(e) When an optical scan ballot contains stray marks or marks which prevent the tabulating machine from properly recording valid votes as determined under this rule and by law, the ballot shall be duplicated in accordance with law to correct such problems and
the duplicate shall then be tabulated.
(4) Paper Ballots.
(a) A vote cast on a paper ballot shall be a choice made by a voter by either:
1. Placing an "X", a check, or other similar mark in the square adjacent to the name of the candidate or answer to a question for which the voter desires to vote; or
2. Writing the name of a qualified write-in candidate in the appropriate space on the ballot as specified in the instructions for voting such ballot.
(b) If a voter marks his or her paper ballot in a manner other than that specified by law and this rule, the votes shall be counted if, in the opinion of the poll officers as provided in O.C.G.A. § 21-2-439, the voter has clearly and without question indicated the
candidate or candidates and answers to questions for which such voter desires to vote.
(c) If the voter marked the square next to the name of a candidate whose name appears on the ballot and wrote in the name of the same candidate in the write-in space for the same office, the properly cast vote shall be counted and the write-in vote shall be ignored.
(5) Write-in Votes. In no event shall votes cast for write-in candidates who have not qualified in accordance with O.C.G.A. § 21-2-133 be counted or recorded.
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