HomeMy WebLinkAboutordinance.council.003-09ORDINANCE NO. 3
Series of 2009
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AMENDING TITLE 2 OF THE ASPEN MUNICIPAL CODE BY
THE ADOPTION OF A NEW CHAPTER 2.26, INSTANT RUNOFF VOTING
PROCEDURES.
WHEREAS, Article XX, Section 6(d) of the Colorado State Constitution grants
to Home Rule municipalities the power to legislate in "all matters pertaining to municipal
elections;" and
WHEREAS, on September 4, 2007, the City Council adopted Ordinance No. 38,
Series of 2007, to amend Sections 2.7 and 3.2 of the Aspen City Home Rule Charter to
require the City Council to adopt and implement instant run-off voting procedures for the
election of Mayor and members of Council, and to require members of Council to be
elected by majority vote; and
WHEREAS, on November 6, 2007, the electorate of the City of Aspen did
approve Ordinance No. 38, Series of 2007; and
WHEREAS, the City Clerk has met with a number of citizens of the City of
Aspen for the purpose of formulating instant run-off voting procedures and said
committee of citizens has recommended the adoption of this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO, THAT:
Section 1.
Title 2 of the Aspen Municipal Code is hereby amended by the addition of a new
Chapter 2.26, Instant Runoff Voting Procedures, which Chapter shall read as follows:
Chapter 2.26
INSTANT RUNOFF VOTING PROCEDURES
Sec. 2.26.010 Applicability.
This Chapter shall apply to all elections conducted using instant runoff voting to elect the
Mayor and Councilmembers. All other provisions of the Colorado Municipal Election
Code, Sections 31-10-101, et seq., C.R.S., and Section 1-7-1003, C.R.S., shall apply to
the extent they are not inconsistent with this Chapter.
Sec. 2.26.020 De£~nitions.
(a) Instant runoff voting -means ranked voting for single and multiple winner
contests. Instant runoff voting simulates a series of runoff elections in a single election. In
each round of "instant runoff," the last place candidates with no chance of winning are
eliminated. Voters for those candidates have their ballots count towards their next choice
in the following round.
(b) City Clerk -means the City Clerk of the City of Aspen or his or her designee.
Sec. 2.26.030 Adoption of a Procedure Manual.
A "City of Aspen -Instant Runoff Voting Procedures Manual," appended as Exhibit A to
this. ordinance, is hereby adopted to implement procedures for instant runoff and choice
voting elections consistent with the requirements of this Chapter. The Procedural Manual
shall incorporate, to the extent not incompatible with this Chapter, the rules set forth in
the latest version of the "Election Rules of the Colorado Secretary of State." Three (3)
copies of the Procedure Manual, all certified to be true copies by the Mayor, and three (3)
copies of the "Election Rules of the Colorado Secretary of State" shall be on file with the
City Clerk and shall be open for public inspection in his or her office at City Hall, any
weekday between the hours of 9:00 a.m. and 5:00 p.m.
Sec. 2.26.040 Amendments to the Procedure Manual.
The Procedures Manual may be amended from time to time by the City Clerk upon the
passage of a resolution by the City Council evidencing its approval and the conduct of a
public hearing.
Sec. 2.26.050 Voting Tabulation Center.
The City Clerk shall designate one location within the City of Aspen to serve as the
Voting Tabulation Center prior to each election. The center shall be reasonably
accessible to the public for the purpose of observing the vote tabulation. At a minimum,
the City Clerk shall arrange the counting of ballots so that the candidates and their
representatives may observe the ballots as they are counted. The City Clerk shall ensure
that public observation does not interfere with the counting of the ballots. Tabulation of
votes shall be conducted as described in this Chapter and the Procedure Manual
referenced in Section 2.26.030.
Sec. 2.26.060 Tabulation of Votes.
The City Clerk shall conduct the tabulation of votes as required by this Chapter as soon
as possible after the close of the polls. The City Clerk may adjourn the tabulation of votes
at any time he or she believes in his or her sole discretion a need to recess the tabulation
of votes, including a recess over night. No single recess period called by the City Clerk
shall extend beyond 12 continuous hours. At any time the tabulation of votes is
discontinued for a recess period, all ballots shall be safely secured in a combination safe.
The Procedures Manual referenced at Section 2.26.030 shall include provisions to ensure
the safekeeping of ballots during all recess periods.
Sec. 2.26.070 Reporting Results.
A. The City Clerk shall issue the following reports:
(i) A summary report listing the total number of votes for each candidate in
each round;
(ii) A ballot image report listing for each ballot the order in which the elector
ranked the candidates, the precinct of the ballot, and whether the ballot is a
mail-in ballot or early voting ballot; and
(iii) A comprehensive report listing the results in the summary report by
precinct.
B. The City Clerk maybe required to establish additional requirements for the reports
issued pursuant to this Section as set forth in the Procedure Manual referenced in
Section 2.26.030.
C. Preliminary versions of the summary report and ballot image report shall be made
available to the public as soon as possible after the commencement of the official
tabulation of votes.
Sec. 2.26.080 Voter Educatiou.
The City Clerk shall conduct an education and outreach campaign prior to each election
to familiarize electors with ranked choice voting.
Section 2:
This ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
A public hearing on the ordinance shall be held on the 23'a day of February, 2009 in the
City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 9`h day of February_ 2009.
Attest
Kathryn S. KoC ity Clerk
Michae C. eland, Ma or
FINALLY ADOPTED and ordered published this 9`h day of March
2009.
Atte
thryn S. Ko ,City Clerk
City of Aspen
Instant Runoff Voting Procedures Manual
City Clerk's Office
City of Aspen
130 S. Galena St.
Aspen, Colorado 81611
March 2009
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MAYOR'S CERTIFICATION
I, the undersigned, as Mayor of the City of Aspen, pursuant to Section 2.26.030, of the Aspen
Municipal Code, do hereby certify that this "Instant Runoff Procedures Manual" (version: March
2009) is a true and correct copy of the latest version of said Manual reviewed and approved by
the City Council by Ordinance No. 3, Series of 2009.
Dated this ~~ day of ~ ~2/L ,
ey: ,/~ -l~/-09
ay r, City of Aspen
Attest
City Clerk of City of Aspen
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1 Introduction
1.1 Background
On September 4, 2007, the City Council adopted Ordinance No. 38, Series of 2007, amending
Sections 2.7 and 3.2 of the Aspen City Home Rule Charter to require the City Council to adopt
and implement instant runoff voting procedures for the election of Mayor .and
Councilmembers, and to require Councilmembers to be elected by majority vote. On November
6, 2007, the electorate of the City of Aspen did approve Ordinance No. 38, Series of 2007. On
March 9, 2009, the City Council did adopt Ordinance No. 3, Series of 2009, for the adoption of a
new Chapter 2.26 of the Aspen Municipal Code establishing procedures for the conduct of
instant runoff voting elections. That ordinance requires that the City Clerk adopt a Procedural
Manual to guide the conduct of instant runoff voting elections. The City Clerk has met with a
number of citizens of the City of Aspen for the purpose of formulating instant runoff voting
procedures and said committee of citizens has assisted in the development of this manual of
procedural guidelines for conducting elections using instant runoff voting methods for the
election of Mayor and Councilmembers for the City of Aspen.
1.2 Instant Runoff Voting
Instant runoff voting (IRV) is used for both single and multiple seat contests. In Aspen, IRV is
used to select the office of Mayor and Councilmembers. IRV is a majoritarian voting method
because, in the end, over 50% of participating voters elect the winner. IRV simulates a series of
runoff elections in a single election.
1.3 Voter Intent
The City of Aspen hereby adopts and incorporates herein the "Voterlntent - A Guide to the
Determination of Voter Intent for Colorado Elections" (2008), adopted by the Colorado
Secretary of State (hereinafter "State Voter Intent Guide"), attached hereto as Attachment 3.
2 Definitions
In addition to the definitions set forth in the State Voter Intent Guide, Attachment 3, the
following definitions shall apply to this document:
Blank ballot- means a ballot that cast no vote for a candidate.
City Clerk- means the City Clerk of the City of Aspen or his or her designee.
Continuing candidate - means a candidate who has not been eliminated.
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Damaged ballot - means a ballot that has been torn, bent, or otherwise mutilated or
rendered unreadable, so that it cannot be processed by an optical scanner ballot reader.
Duplicated ballot - means a true copy of a ballot that is made in order to be properly
processed and counted due to damage, improper marking or some other reason which
would prevent a ballot tabulating machine from accurately reading the ballot (if such a
machine is used.)
Defective ranking -occurs when more than one candidate is given the same ranking.
(See "Defective Ranking', Attachment 1.)
Duplicate ranking -describes the process by which a voter ranks the same candidate at
multiple rankings. (See "Duplicate Ranking", Attachment 1.)
Exhausted ballot - means a ballot that contains a duplicate ranking or a defective
ranking, at the point of the duplication or defect and thereafter. Exhausted ballot shall
also include a ballot that contains no ranking for a continuing candidate. (See, also,
"Undervote", Attachment 1.)
Final Round of Tabulation -means the Round that results in the election of the Mayor
or a Council Member.
Majority - as used in the mayoral election, means the next whole number greater than
fifty percent (SO%) of the votes cast.
Overvote - describes a race or ballot which contains votes for more than the maximum
number of candidates or responses for a ballot measure allowed. (See "Overvote",
Attachment 1.)
Ranking -means the specific preference expressed by the voter for a particular
candidate. Rankings are set forth in columns from first choice to last choice.
Tabulation center -means the place selected where a central count electronic voting
system is used for the automatic or hand processing and tabulation of ballots.
Ranked-choice voting - means a method of casting and tabulating votes that allows
electors to rank candidates for an office in order of preference and uses these
preferences to determine the winner of the election.
Round - means a stage of the tabulation of a ranked voting contest in which votes may
be counted, and candidates elected or eliminated.
Skipped ranking -describes the process by which a voter leaves a ranking blank and
ranks a candidate at a subsequent ranking. (See "Skipped Ranking", Attachment 1.)
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Threshold -means the minimum number of votes that a candidate must receive in
order to be elected to the City Council. The threshold is calculated by counting the
number of ballots in which a vote is cast for a continuing candidate for City Council, then
dividing that total by two. If that number is a whole number, then one is added to
determine the threshold. If that number is a fraction, the threshold is the next whole
number.
Undervote -means the occurrence when the voter does not vote for a candidate in a
race, or for or against a ballot measure, or, when more than one person in a race is
available, the voter does not vote the maximum number of votes allowed.
Vote Cast- means a ranking of a candidate that is counted as a vote for that candidate.
Write-in Vote - means a vote on a ballot on which the voter physically writes in the
name of a legally qualified write-in candidate in the space reserved on the ballot for
write-in votes and properly marks the oval or connects the arrow on optical scan ballots
according to the directions provided to the voter.
3 Ballots
3.1 Ballot Format
Ballots shall be designed to allow a voter to rank as many choices as there are candidates.
However, if the voting system that is employed cannot accommodate a number of rankings
equal to the number of candidates, the Clerk may limit the number of choices a voter may rank
to the maximum number allowed by the voting system; except the number of choices shall not
be less than six.
Ballots shall be designed to allow the voter to rank no fewer than two write-in candidates.
3.2 Ballot Instructions
For IRV elections, all ballots shall include instructions to voters that substantially instruct
the voters as follows:
INSTRUCTIONS:
Mark you lit choice in the 15~ column completely like this o fill in the ^
To indicate a 2"d choice, select a different candidate in the 2nd column.
To indicate a 3`d choice, select a different candidate in the 3`d column, etc.
a. Rank candidates in order of preference
b. You may rank as few candidates as you wish or as many as are allowed
c. Do not skip rankings and only one choice ger column and one choice oer row
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d. With a black ball point pen or marking device, completely fill in the o like this ^
e. You may write in a candidate by filling in the o and writing the name on the Write In line
3.3 Uniformity across ballot types
If more than one type of voting equipment or ballot will be used in a ranked voting contest, all
equipment and ballot types used shall provide substantially similar instructions and shall allow
voters to rank the same number of candidates and write-ins.
4 General Tabulation Provisions
4.1 Determination of winners
To determine the winners of a ranked voting contest, the tabulation method of Section 5 or
Section 6 shall be used, depending on whether the number of seats to fill is one or more than
one, respectively.
4.2 Summary reports
The City Clerk shall issue the following reports as soon as feasible:
(i) A summary report listing the total number of votes for each candidate, the
number of blank ballots and the number of exhausted ballots in each round;
(ii) A comprehensive report listing the results in the summary report by precinct.
Preliminary versions of the summary report shall be made available to the public as soon as
possible after the commencement of the official tabulation of votes. Preliminary reports shall
be clearly marked as "Preliminary."
4.3 Publicizing tabulation procedures
In advance of the election, the City Clerk shall conduct an education and outreach campaign
prior to each election to familiarize electors with ranked choice voting. The education and
outreach program shall include sample ballots.
5 Instant Runoff Votinr; (Ranked Choice) - Mavor
5.1 Overview
Instant Runoff voting for Mayor is a majoritarian voting method using ranked choice voting
designed to accommodate more than two candidates seeking the office of the Mayor. Each
voter may rank candidates by preference from first choice to last choice. Votes are tabulated
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until one candidate has a majority of the votes cast. That candidate shall be declared the
winner.
It should be noted that as in any election there is a mathematical possibility, albeit slight, that
voting could be completed following all rounds of voting with two or more candidates tied
without achieving a majority. A tie break system that is consistent with Colorado State Statute
is set forth herein.
5.2 Tabulation of Votes
5.2.1. Round One. Initial Tabulation of Votes
In the initial ballot tabulation, each voter's first choice ranking shall be counted as a vote cast
for that candidate. If a candidate receives a majority of all of the votes cast, as tabulated in this
Round One, then that candidate shall be declared the winner.
In the event that no candidate receives a majority of the votes cast, as tabulated in this Round
One, then the instant runoff procedure set forth below shall be commenced.
5.2.2 Commencement Of Instant Runoff Vote
Round Two
In the event that no candidate receives a majority of the total of the votes cast, then the
candidate who receives the fewest votes tabulated in Round One shall be eliminated. All
ballots are then recounted with the highest ranking for a continuing candidate counted as one
vote for that candidate. This tabulation shall continue in subsequent rounds until one
candidate receives a majority of the votes cast.
In the event of a tie between or among the candidates who have received the fewest number
of votes, then the tie-breaker system set forth in Section 5.3, below shall be employed. The
loser of the tie-breaker shall be eliminated and the tabulation shall continue.
5.3 Determination of Tie Votes
In the event that a tie exists at any level of the proceeding that would prevent moving forward
without a resolution of the tie, the tie shall be resolved pursuant to this section.
The first tie-breaker shall be based upon the number of first choice rankings, with the candidate
with the largest number of first choice rankings being determined the winner of the tie breaker.
In the event that number shall be tied, then the winner shall be determined by lot pursuant to
Colorado State Statute.
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6 Instant Runoff Votin>± (Ranked Choice) -City Council
6.1 Overview
Instant Runoff voting for City Council is also a majoritarian voting method using ranked choice
voting designed to accommodate multiple candidates seeking two open seats. If necessary, the
ballots are counted in a series of rounds. Each voter may rank candidates by preference from
first choice to last choice. All ballots are counted. Votes are tabulated in Rounds until two
candidates who have the most votes also receive the threshold number of votes to be declared
the winner.
It should be noted that as in any election there is a mathematical possibility, albeit slight, that
voting could be completed following all rounds of voting with two or more candidates tied
without achieving the threshold. A tie-break system that is consistent with Colorado State
Statute is set forth herein.
6.2 Tabulation of Votes for City Council
6.2.1 Threshold Calculation
At the commencement of the vote tabulation, the City Clerk shall certify the total number of
votes cast for City Council and the number required to be elected to a seat on the City Council,
which by Charter is defined as fifty percent (50%) of the total votes casts for city council plus
one vote. All ballots with a counted first (151) or second (2"d) ranking for a candidate for City
Council shall be counted in the total number of votes cast. Blank ballots for City Council shall
not be counted in this total. By way of example, if 2000 ballots are cast in the election,
including four blank ballots for City Council, then a candidate will need the highest number or
second highest number of votes of all the candidates and at least 999 votes in order to be
deemed a winner of a council seat. (((2000-4) x 50%) + 1= 999). This number shall be referred
to below as the "initial threshold".
If an instant runoff is required the threshold for the final round shall be determined by the
Clerk. This threshold shall be the total number of votes cast for the two continuing candidates
multiplied by 50% plus one.
In the event that the number of ballots in which votes are casts is odd, fifty percent is a
fraction. The next whole number shall be deemed the threshold. By way of example. If 2000
votes are cast and five are deemed blank ballots the threshold shall be 998. ((2000-5) )2 =
997.5. The next whole number is 998.)
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6.2.2. Initial Tabulation of Votes
All votes cast for first and second ranked candidates shall be counted in Round One, the initial
ballot tabulation. The two candidates who receive the most votes among the first and second
ranked votes casts shall be declared the winners, so long as the candidate has received the
initial threshold determined by the Clerk pursuant to 6.2.1, above. In the event that the two
candidates who have received the most votes have both reached the initial threshold in this
Round One ballot tabulation, then both candidates shall be declared winners and the election
shall be deemed completed.
In the event that one or more of the candidates who have received the highest vote total in the
initial tabulation have not reached the initial threshold, then the instant runoff voting
procedures set forth below shall commence.
6.2.3 Commencement of Instant Runoff Vote
6.2.3. a. Procedure If No Candidate Receives the Initial Threshold in Round One
In the event that no candidate receives the initial threshold set forth above, the following
instant runoff procedure shall be implemented:
Determination of Winner of 15L Citv Council Seat
In the event that no candidate receives the initial threshold in the initial tabulation, then the
four candidates with the highest vote total shall enter the instant runoff tabulation. In the
event that the lowest vote total of the candidates who would enter the instant runoff
tabulation is tied, then all candidates with that vote total shall enter the instant runoff
tabulation. (In the unlikely event that the number of candidates in the fourth position equal
the remaining number of candidates, then the tie break procedure set forth in Section 6.3,
below, shall be employed so that only one of the candidates with the lowest vote total moves
forward into this round.)
All ballots are recounted with the highest ranking for a continuing candidate counted as one
vote for that candidate. The candidate with the fewest number of votes is eliminated, and all
ballots are recounted as one vote for each voter's highest-ranked continuing candidate. This
process of eliminating candidates with the fewest votes and recounting ballots continues until
two candidates remain. In the event that there are two or more candidates tied with the
fewest vote total, the tie shall be resolved pursuant to Section 6.3, below, so that the loser or
losers of the tie-breaker determination shall be eliminated. When two candidates remain, all
votes cast are recounted so that the highest ranking for a continuing candidate is counted as
one vote for that candidate. The candidate with fifty percent plus one of the votes cast shall be
deemed elected to a seat on the Aspen City Council. In the event that there is a tie between
these two candidates, the tie shall be resolved pursuant to Section 6.3, below.
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The tabulation shall then continue to determine the winner of the second City Council seat, as
set forth below.
Determination of Winner of Second Citv Council Seat.
Upon determining the winner of the first city council seat, the winner of the first seat is deemed
eliminated and the three remaining candidates shall continue. All ballots are recounted with
the highest ranking for a candidate who is continuing counted as one vote for that candidate.
The candidate with the fewest number of votes is eliminated, and all ballots are recounted as
one vote for each voter's highest ranking of the two continuing candidates. The candidate with
fifty percent plus one of the votes cast in this round shall be deemed elected to the second seat
on the Aspen City Council. In the event that there is a tie between these two candidates, the tie
shall be resolved pursuant to Section 6.3, below
6.2.3. b. Procedure If One Candidate Is Elected In the Initial Tabulation
Determination of Second Citv Council Seat
In the event that the candidate who receives the most votes also receives the initial threshold
in the initial vote tabulation, then that candidate shall be deemed the winner of one city council
seat. The two candidates with the next highest vote totals shall enter the instant runoff
tabulation. In the event that the lowest vote total of these two positions is tied, then all
candidates with that vote total shall enter the instant runoff tabulation. (In the unlikely event
that the number of candidates in the second position equal the remaining number of
candidates, then the tie break procedure set forth in Section 6.3, below, shall be employed so
that only one of the candidates with the lowest vote total moves forward into this round.)
All ballots shall be recounted with the highest ranking for a continuing candidate counted as
one vote for that candidate. If there are only two candidates in this round, then the candidate
with fifty percent plus one of the votes cast in this round shall be deemed elected to the second
City Council seat.
In the event that there existed a tie between or among the lowest vote getters in the initial
vote tabulation, who would otherwise move forward into the instant runoff tabulation, the
candidate with the lowest vote total at the end of each round shall be eliminated. Counting
shall continue until the all votes are tabulated between two final candidates. The candidate
with the most votes cast shall be deemed elected to the second City Council seat.
In the event of a tie vote between the final two remaining candidates, then the winner shall be
determined pursuant to Section 6.3, below.
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6.3 Determination of Tie Votes
In the event that a tie exists at any level of the proceeding that would prevent moving forward
without a resolution of the tie, the tie shall be resolved pursuant to this section.
The first tie-breaker shall be based upon the number of first choice rankings, with the candidate
with the largest number of first choice rankings being determined the winner of the tie breaker.
In the event that that number shall be tied, then the winner shall be determined by lot
pursuant to Colorado State Statute, C.R.S. Section 31-10-1204.
7 Tabulation Center
The City Clerk shall designate one location within the City of Aspen to serve as the ranked-
choice voting tabulation center prior to each election. The center shall be reasonably accessible
to the public for the purpose of observing the vote tabulation. At a minimum, the City Clerk
shall arrange the counting of ballots so that the candidates and their representatives may
observe the ballots as they are counted. The City Clerk shall ensure that public observation does
not interfere with the counting of the ballots.
8 Miscellaneous Tabulation Provisions
8.1 General Provisions
This section shall apply to ranked voting contests tabulated by hand or computer.
8.2 Uniform Counting Standards
Pursuant to Section 1-7309, C.R.S., in counting or examining ballots the intent of the voter shall
be taken into consideration. To the extent not contrary to the rules set forth in the State Voter
Intent Guide, Attachment 3, the following rules shall apply:
a. When a defective ranking is encountered during the tabulation the column
containing the defective ranking shall be deemed an overvote. No votes in that ranking column
nor any vote in a subsequent ranking column shall be counted and the ballot shall be deemed
exhausted at that point.
b. When a duplicate ranking is encountered, the first ranking and any ranking before
the duplication shall be counted. No further rankings on the ballot shall be counted and the
ballot shall be deemed exhausted at that point.
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8.3 Ballots not Counted
Ballots not counted because of election judges' inability to determine the elector's intent for all
candidates shall be marked "defective" on the back, banded together and separated from the
other ballots, returned to the ballot box, and preserved by the City Clerk pursuant to Section 1-
7-801, C.R.S.
8.4 Recounts
Except as otherwise set forth in this Section 8.4, Recounts shall be permitted in accordance with
Colorado Municipal Election Laws, C.R.S. Section 31-10-1207 and conducted in accordance with
the rules set forth in the latest version of the "Election Rules of the Colorado Secretary of
State."
8.4.1 Automatic recount. The Clerk shall conduct a recount of the votes cast in any election if
the highest number of votes cast and the next highest number of votes cast in the final
round of any tabulation is less than or equal to three percent of the highest number of
votes casts in the final round.
8.4.2 Method of Recount. In the event a recount is mandated pursuant to Section 8.4.1,
above, the Clerk shall conduct such a recount through a hand count of all ballots. Such
hand count shall be conducted in a manner consistent with this Instant Runoff
Procedures Manual and the Election Rules of the Secretary of State.
9 Chanr?es to Procedures
The City Clerk may change the procedures described in this document to accommodate any
voting equipment that may be available for processing votes or for tabulating votes, provided
that the new procedures are in substantial compliance with the procedures described here, the
smallest feasible number of changes is made, and the changes to the tabulation procedures are
made public in accordance with this document.
10 Recess in Tabulations
The City Clerk may in his or her sole discretion call for a recess in the tabulation of ballots for a
period of no more than twelve (12) hours, including a period of time to include over night. In
the event that the City Clerk calls for a recess all ballots shall be secured during the period of
the recess. The process of securing the ballots shall include the following:
a. The City Clerk shall place all ballots in a combination safe capable of protecting
the ballots from theft, fire, and water damage.
b. The combination to the safe shall be known only to the City Clerk, the Chief of
Police and the Finance Director.
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c. Each time the ballots are placed in the safe or taken out of the safe, at least two
witnesses shall be present and shall sign the following statement under oath:
I, the undersigned, do swear, under penalty of law, that I
witnessed
(remove/place) all of the ballots (into/out) of a combination safe
on this day of at
approximately o'clock _.m. and securely locked the
same in my presence (with the ballots inside the combination
safe/after removing all of the ballots.)
Witness
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Un-used ranking/Exhausted Ballot
MAYOR 1st 2nd 3rd 4th
(two year term) Choice choice choice cnoice
Fill in one oval per choice Your 2n° or 3r° choice will be considered if your 1° choice
Loses
Colonel Mustard O O O O
Scarlett O'Hara O O O O
Nicholas Nickleby O ~ O O
Eleanor Rigby ~ O O O
• Frst choice vote will be counted
• Second choice vote will only be counted after the voter's first choice candidate is
eliminated
• Third choice vote Is blank, so it will not be counted
Duplicate Ranking
MAYOR 1St 2nd 3rd 4th
(two year term) Choice choice choice choice
Fill in one oval per choice Your 2n0 or 3r° choice will be considered if your 1° choice
Loses
Colonel Mustard ~ ~ ~ O
Scarlett O'Hara O O O O
Nicholas Nickleby O O O O
Eleanor Rigby O O O O
• The first choice vote will be counted
• If the first choice candidate is eliminated, the second and third choice votes will not be
counted
Inconsistent Ordering
MAYOR 18t 2nd 3rd 4th
(two year term) Choice choice choice choice
Fill in one oval per choice Your 2n° or 3r° choice will be considered if your 1a choice
Loses
Colonel Mustard O O O O
Scarlett O'Hara O ~ O O
Nicholas Nickleby O O O O
Eleanor Rigby ~ O ~ O
• Frst choice vote will be counted
• Second Choice vote will onryr be counted after the voter's first choice candidate is
eliminated
• Third choice vote will not be counted
Over-voted 1g~ ranking
MAYOR 1st 2nd 3rd 4th
(two year term) choice choice choice choice
Fill in one oval per choice Your 2"" or 3'" choice will be considered if your 1° choice
Loses
Colonel Mustard ~ O O O
Scarlett O'Hara ~ O O O
Nicholas Nickleby O ~ ~ O
Eleanor Rigby O O O O
• Flrst choice vote will not be counted
o Unable to determine voter Intent due to over vote
• Second Choice vote will not be counted
• ThiM choice vote will not be counted
Over-voted 2"d ranking
MAYOR 1st 2nd 3rd 4th
(two year term) choice choice choice cnoice
Fill in one oval per choice Your 2n0 or 3'° choice will be considered if your 1" choice
Loses
Colonel Mustard O ~ O O
Scarlett O'Hara O O O O
Nicholas Nickleby ~ O ~ O
Eleanor Rigby O ~ O O
• Flrst choice vote will be counted
• Second Cholce vote will not be counted
• Third choice vote will not be counted
Properly Marked
MAYOR
(two year term)
Fill in one oval per choice
Colonel Mustard
Scarlett O'Hara
Nicholas Nickleby
Eleanor Rigby
~ st 2nd 3rd 4th
Choice choice choice Choice
Your 2"" or 3f° choice will be considered if your 1° choice
Loses
O O ^ O
^ o O o
O a o ^
O ^ O O
Flrst choice vote will be counted
Second Choice vote will only be counted after the voter's first choice candidate is eliminated
Third choice volte will only be counted after the voter's first and second choice candidates are
eliminated
Properly Marked
MAYOR 1°' 2n° 3r° 4th
(two year term) Choice choice choice choice
Fill in one oval per choice Your 2n0 or 3 '° choice will be considered if your 1° choice
Looses
Colonel Mustard ^ O ^ O
Scarlett O'Hara O ^ O O
Nicholas Nickleby ^ ^ ^ O
Eleanor Rigby O O O O
Flrst cholce vote x111 be courted
Second Cholee vote will o~6'be counted after the voter's first cholce candidate Is eliminated
ThIN cholce volts will aaybe counted ofter the voter's first and second cholce candidates are eliminated
Skipped Ranking #1
MAYOR 1St 2nd 3rd 4th
(two year term) choice choice choice choice
Fill in one oval per choice Your 2n° or 3r° choice will be considered i f your 7a choice
Loses
Colonel Mustard O ~ O ~ O
Scarlett O'Hara ~ O O O
Nicholas Nickleby O O O O
Eleanor Rigby O O O O
• Rrst choice vote will be counted
• Third choice vote will be counted if the first choice candidate Is eliminated
Skipped Ranking #2
MAYOR 1st 2nd 3rd 4th
(two year term) Choice choice cnoice cnoice
Fill in one oval per choice Your 2"" or 3rtl choice will be considered i f your 1" choice
Loses
Colonel Mustard O O O O
Scarlett O'Hara O O O O
Nicholas Nickleby O O O O
Eleanor Rigby O O ~ O
• This ranking will be counted in the first round
Undervote/Blank Ballot
MAYOR 18t 2nd 3rd 4th
(two year term) choice choice choice choice
Fill in one oval per choice Your 2nO or 3ftl choice will be considered if your 1° choice
Loses
Colonel Mustard O O O O
Scarlett O'Hara O O O O
Nicholas Nickleby O O O O
Eleanor Rigby O O O O
• Thls Is a blank ballot; It will not count toward the malorlty
Properly Marked
CITY COUNCIL
(Four year term)
Two City Council Members will be elected for 4-year terms. Rank your choices in columns 1 through 8. Your first and
second choices will be counted in the first round of tallies. Do NOT duplicate your choices.
Vote for Vote for Vote for Vote for Vote for Vote for Vote for Vote for
ONE ONE ONE ONE ONE ONE ONE ONE
,~st Znd 3rd 4tn yen sen ~m gth
Jack B. Nimble O O O ~ O O O O
Greta Greenwood ~ O O O O O O O
David Crockett O O ~ O O O O O
Travis Thompson O O O O ~ O O O
Che Guevara O O O O O ~ O O
John Q. Adams O ~ O O O O O O
Wilbur Mills 0 0 0 0 0 0 0 0
Peter Romanov O O o 0 O O ~ O
Over-voted Council 2 rankings
CITY COUNCIL
(Four year term)
Two City Council Members will be elected for 4-year terms. Rank your choices in columns 1 through 8. Your frst and
second choices will be mounted in the frst round of tallies. Do NOT duplicate your choices.
Vote for Vote for Vote for Vote for Vote for Vote for Vote for Vote for
ONE ONE ONE ONE ONE ONE ONE ONE
~•t Zed 3m 4m 5tt~ stn stn 8th
Jack B. Nimble ~ O O O O O O O
Greta Greenwood ~ O O O O O O O
David Crockett O ~ O O O O O O
Travis Thompson O ~ O O O O O O
Che Guevara O O O O O O O O
John Q. Adams O O ~ O O O O O
Wilbur Mills O O O ~ O O O O
Peter Romanov O O O O ~ O O O
• This ballot contains a defective ranking and it will not count toward the
threshold nor will any candidate receive a vote
Over-voted Duplicate 2"" ranking
CITY COUNCIL
(Four year term)
Two City Council Members will be elected for 4-year terms. Rank your choices in columns 1 through 8. Your frst and
second choices will be counted in the first round of tallies. Do NOT duplicate your choices.
Vote for Vote for Vote for Vote for Vote for Vote for Vote for Vote for
ONE ONE ONE ONE ONE ONE ONE ONE
,~st 2•a 3ra 4tn 5m sm stn 8th
.lack B. Nimble O O O O O O ~ O
Greta Greenwood O O O ~ O O O O
David Crockett O ~ O O O O O O
Travis Thompson O O O O O O O
Che Guevara O O O ~ O ~ O O
John Q. Adams ~ O O O O O O O
Wilbur Mills O ~ O O ~ O O O
Peter Romanov O O ~ O O O O O
• First choice vote will be counted
• This ballot contains a defective ranking at the second choice. No votes
will be counted for rankings for the 2"" or subsequent columns.
Over-voted Duplicate
CITY COUNCIL
(Four year term)
Two City Council Members will be elected for 4-year terms. Rank your choices in wlumns t through 8. Your f rst and
second choices will be counted in the first round of tallies. Do NOT duplicate your choices.
Vote for Vote for Vote for Vote for Vote for Vote for Vote for Vote for
ONE ONE ONE ONE ONE ONE ONE ONE
~•t Zia 3ra 4m 5m 6m ~m 8th
,lack B. Nimble O O O ~ O O O O
Greta Greenwood ~ ~ O O O O ~ O
David Crockett O O ~ O O O O O
Travis Thompson O O O O ~ O O O
Che Guevara O O O O O ~ O O
,John Q. Adams O O O O O O O O
Wilbur Mills O O O O O O O O
Peter Romanov O O O O O O O O
• First choice vote will be counted
• Second choice vote will not be counted as it is a duplicate ranking and
no further candidates will receive votes
Over-voted Council 3 rankings
CITY COUNCIL
(Four year term)
Two City Council Members will be elected for 4-year terms. Rank your choices in columns 1 through 8. Your first and
second choices will be counted in the first round of tallies. Do NOT duplicate your choices.
Vote for Vote for Vote for Vote for Vote for Vote for Vote for Vote for
ONE ONE ONE ONE ONE ONE ONE ONE
,~st Znd 3rd 4th 5th bth 7th $ttl
.lack B. Nimble ~ O O O O O O O
Greta Greenwood ~ O O O O O O O
David Crockett O ~ O O O O O O
Travis Thompson O ~ O O O O O O
Che Guevara O O ~ O O O O O
John Q. Adams O O ~ O O O O O
Wilbur Mills O O O ~ O O O O
Peter Romanov O O O O ~ O O O
• This ballot contains a defective ranking and it will not count toward the
threshold nor will any candidate receive a vote
Voter 1 ntent
Definitions [Rule 27.1]
Blank ballot: A ballot on which the voter has made no marks in any voting position, or a ballot that has been marked with an unreadable marker,
or a ballot that has been consistently marked outside the area that an optical scanner can read.
Damaged ballot: A ballot that cannot be processed because it has been tom, bent, otherwise mutilated, or rendered unreadable.
Overvote: A race or ballot measure which contains votes for more than the maximum number of candidates or responses for a ballot measure
provided.
Undervote: Occurs when the voter does not vote for any candidate or ballot selection; or, when more than one person in a race is available, the
voter does not vote the maximum number of selections allowed.
Target Area [Rule 27.1.8]
The target area is the oval, square, or incomplete arrow opposite a candidate's name or ballot response.
All votes within the target azea will be considered valid and will count, so long as the voter has not overvoted or made an obvious stray mark.
Determination of Voter Intent [Rule 27.7[
Elections officials may only consider voter intent in three situations:
(]) when a county is hand-counting paper ballots;
(2) during a recount of votes cast for any voting system; and,.
(3) whep bba ots for the o ti al Scanner are 1?eing examined by.th~ resolution board in a central location to determine if a ballot is a
blank ba~~ot, an overvoptec~ ballot, or contains one or more write-m votes.
Defective or Incomplete Marks [Rule 27.7[
A defective or incomplete mark on any ballot in a proper place should be counted if no other crass mark appears on the ballot indicating an inten-
tion to vote for some other candidate or ballot issue.
Exceptions where defective or incomplete marks should not be counted:
(]) obvious stray marks
(2) hesitant marks
(3) parts of written notes
(4) con•ected votes
If a voter marks outside the targeted area, their vote may only be considered valid if the voter uses a consistent pattern or method of marking. In
order to count markings outside the target area, the markings must follow the same pattern or method. Inconsistent marks throughout the ballot
that are outside of the target area must not be counted. If the voter displays inconsistent marks outside the target area only the voter's responses
where the target area is marked may be counted
A ballot containing incorrect but consistent markings must be duplicated for counting purposes when ballots are counted by optical scanning
equipment.
A voter who marks their votes correctly in the target area, but extends markings into another target area has made valid markings, and their selec-
tions should be counted as votes for the clearly indicated candidate or ballot response marked.
A defective or an incomplete mark on any ballot in the target area may be counted if no other mark is on the ballot indicating the voter's intent.
Voter Intent Guide
For examples and illustrations of voter intent andwrite-in candidate issues, please see the 2008 Voter Intent Guide.
This guide sen•es as a reference document only and is not a substitute for applicable laws and rules.
Quick Reference Guide
Overvotes [Rules 27.1 & 27.7J
No overvote may be counted unless the voter corrects the marks by providing an explanation of his or her desired choice. If a voter provides instruc-
tions correcting their vote, the corrected vote is valid.
If ballots aze counted using an optical scan machine, overvoted races are rejected by the voting system. Voter intent should not be considered upon
initial count and the ballot should not be duplicated, unless the ballot is being reviewed by a resolution board at a central count location.
If voter has marked more than one choice the voter's intent may still be determined. If a voter marks more than one choice but crosses out or strikes
one of the choices, then the second choice, or the choice that has not been crossed out or stricken should be counted as a valid vote. In every situa-
tion, if the intent of the voter cannot be determined then the vote must not be counted.
If a voter corrects a vote and provides written instructions as to their intent, then the selection should be counted as the voter instructed. Written
instructions may include but are not limited to words, circles, arrows, or striking out a candidate's name.
Determination of Improperly Marked Ballots [C.R.S. §I-7-508J
No ballot maybe counted unless it has the official endorsement required.
If election judges are unable to determine a voter's intent for all of the selections on the ballot then the ballot is defective. The ballot must be marked
"defective" on the back, banded together, separated from other ballots and preserved.
Duplication of Ballots [Rule 27.6]
If any ballot is damaged or defective so that it cannot be properly counted by the electronic vote-counting equipment, a true duplicate copy must be
made of the damaged ballot so long as the voter's intent is clear. The duplication of a ballot must be made in the presence of two judges. Using the
damaged ballot as the guide a blank ballot should be marked by a duplicatvig team so that the votes recorded are identical to those indicated on the
damaged ballot. After the duplicate ballot is marked it must be proofed to insure that it is marked properly and accurately. The duplicate ballot
should then be substituted for the damaged ballot. Every duplicate ballot must be clearly labeled as a duplicate. The damaged or unreadable original
ballot must be marked "DUPLICATED" to indicate that the ballot has been duplicated and the duplication is completed.
Both the duplicate and the original ballot must beaz the same serial number. The serial number is a unique number assigned to both the original and
the duplicate. This will reference the ballots together and provide an audit trail. Once mazked, the duplicate ballot must be placed with all other
ballots to be counted. All duplicated original ballots are to be placed in an envelope and clearly mazked "BALLOTS THAT HAVE BEEN DUPLI-
CATED."
Write-In Votes and Voter Intent [C.R.S. §§1-7-114, 1-4-1101, Rules 27.1.9 & 27.7.4)
A write-in vote is when the voter physically writes in the name of a legally qualified write-in candidate in the space reserved on the ballot for write-
in votes and properly marks the oval, square, or connects the arrow on optical scan ballots according to the directions provided to the voter.
If a voter designates a vote for a candidate named on the ballot and then writes in the name of the same candidate in the write-in area the vote must
be counted as a vote for the candidate named on the ballot.
If a voter fails to complete the tazgeted area but does write in the name of a qualified candidate the write-in vote is counted when counting is con-
ducted by hand and/or during any recount.
If a voter designates a named candidate on the ballot and writes in the name of a different candidate in the write-in area, the vote is an overvote for
that office so long as the number of chosen candidates exceeds the number permitted to be voted for in that office. If a voter has overvoted no vote
for that office may count.
Votes for awrite-in candidate may only be counted when a voter selects an eligible ~~zite-in candidate. In order for awrite-in candidate to be eligi-
ble, the candidate must fi]I out an affidavit of intent of write-in candidacy. A voter must write the last name of an eligible write-in candidate in order
for their selection to count. If the voter incorrectly spells the write-in candidate's name, the vote may still count if the voter's intent to vote for an
eligible write in candidate is clear. A voter that writes only the first name or nickname of an eligible candidate has failed to make a valid selection.
Questions?
Contact the Elections Division Customer Support
888-271-?007
electronsna sos. state. co. us
Revised
October 2008
w
Voter Intent
A GUIDE TO THE DETERMINATION OF VOTER INTENT
FOR COLORADO ELECTIONS
Published by Colorado Secretary of State
Mike Coffman
2008
DETERMINATION OF VOTER INTENT
This Guide is intended to assist election officials and election judges with determining
the intent of a voter when such intent may not be immediately clear. It supplements and
illustrates the legal requirements for determining voter- intent that are contained in
Election Rule 27, "Rules Concerning Uniform Ballot Counting Standards". Although it
is intended that this Guide be consistent with Rule 27, in the event of a conflict between
this Guide and Rule 27, the requirements of Rule 27 must be followed.
This guide provides instructions for a variety of different scenarios, but there is no way to
address every situation that may arise. Therefore, election officials are strongly
encouraged to refer to Rule 27 when deciding how and when to determine a voter's
intent.
When to Review Voter Intent
It is very important to remember that election officials only consider voter intent in
three situations:
1) when a county is hand-counting paper ballots;
2) during a recount of votes cast for any voting system; and,
3) when ballots are being examined by the resolution board in a central
location to determine if a ballot is a blank ballot, an overvoted ballot,
or contains one or more write-in votes.
Under Colorado law and Secretary of State Rules, voter intent should not be reviewed or
considered during the initial count of ballots for those counties using polling place optical
scan equipment. Please refer to Rule 27 for more information.
TABLE OF CONTENTS
1. Chapter 1: Target Area .............................................................................................. 3
a. Obvious Stray Marks
b. Hesitant Marks
c. Parts of Written Notes
d. Corrected Vote
2. Chapter 2: Consistent Patterns .................................................................................. 8
3. Chapter 3: Overvotes and Corrected Votes ......................................................... 122
4. Chapter 4: Written Instructions .............................................................................. 16
5. Chapter 5: Write-In Candidates ............................................................................ 188
2-
Elections Division Approved October 2008
Colorado Secretary of State's Office
Chapter 1
Target Area
The Target Area is the oval, square, or incomplete arrow opposite a candidate's
name or ballot response.
Example 1: Target Areas are Circled:
STATE REPRESENTATIVE -DISTRICT 57
V for ONE)
~ andy L. Baumgardner
Daniel L. Korkowvski
ES CONGRESS -DISTRICT 5
(Vote for One)
~ Doug lambom
All votes within the target area will be considered valid and will count provided
there are not more votes than the maximum number of candidates or responses for
a ballot measure allowed (see Chapter 4).
Example 2: Valid Target Area Markin=S:
STATE REPRESENTATIVE • DtSTRtCT 5l
{v'o4e for O-:E)
Randy L. Baumgardner
Daniel L. Korkawski
(Jeff Crank
~ Benley Rayburn
O
STATE REPRESENTATkVE • DISTRICT 5T
1Vete fCt OMEj
~ Randy L. Baumgardner
Daniet L. Karkawski
-3-
Elections Division
Colorado Secretary of State's Office
Approved October 2008
A defective or incomplete mark on any ballot in a proper place should be counted if
no other cross mark appears on the ballot indicating an intention to vote for some
other candidate or ballot issue.
Example 3: Incomplete Marks that Count as a Valid Vote:
r , •'i'.
~3 ,.;.~
to ••;^'.:.
<;:: n
Joyce Foster ~^ ~
Alice Borodkin ~
STATE REPRESENTATIVE -DISTRICT 57
(Vote for ONE)
Q Randy L. Baumgardner
Q Daniel L. Korkowski
Exceptions
Marks made in the target area are not counted as valid votes if one or more of the
following apply:
a. Obvious stray marks
b. Hesitant marks
c. Parts of written notes
d. Corrected vote (see Chapter 3)
-4-
Elections Division Approved October 2008
Colorado Secretary of State's Office
J
a. Obvious stray marks
The mark near Joyce Foster's name is a stray mark that should not be counted. Even
though it partially extends into the target area of the candidate, it is not primarily
concentrated in that area. The same is true of the mark near Catherine "Kit" Roupe's
name. Because the mark is considered stray, it is not counted.
Example 4: Obvious Stray Marks Outside the Target Area:
State Senate
District,35
Senado de! Estado ~:~
Disfrito 35
. Note for One ! Vote por Uno)
Joyce Foster ~ N
Alice Borodkin «^ ~
STATE REPRESENTATNE -DISTRICT 17
(Vote for One)
C~herine'KR' Roupe
O Sheila Anne Hicks
Example S: Obvious Stra~Marks Throush the Target Area:
Both are examples of stray marks and should not be counted, even though they
extend through the target areas.
-5-
Elections Division
Colorado Secretary of State's Office
STATE REPRESENTATIVE -DISTRICT 17
(Vote for One)
Q C nne'KiC' Roupe
Sheila Anne Hicks
Approved October 2008
1
Example 6: Stray Marks Extending Outside Target Area -Into Another Target Area:
While the mark extends outside the target area of one candidate and into another
target area, it clearly indicates a preference for one candidate. This ballot would
be counted as a vote for Sheila Anne Hicks.
Example 7: Candidate's Name Stricken:
In this example, the voter has stricken the name of candidate Catherine "Kit"
Roupe. Part of this mark extends into the target area, but it is considered a stray
mark and no vote is counted for the candidate. This would be considered an
undervote.
G~7G1\ 1 K 11 Y G
(Vote for One)
C~~~9+~~
~ Sheila Anne Hicks
b. Hesitant Marks
Example S: Hesitant Marks:
While there is a mark in the target area for both candidates, the smaller mark
seems the result of a hesitation and can be disregarded. This ballot would count
as a vote for Catherine "Kit" Roupe. The same is true of the second ballot, which
represents a vote for Joyce Foster.
STATE REPRESENTATIVE -DISTRICT 17
~/ote for One)
Catherine "Kir' Roupe
~ Sheila Anne Hicks
-6-
Elections Division
Colorado Secretary of State's Office
Approved October 2008
c. Parts of Written Notes
Example 9: Notes Written Outside the Target Area:
The marks on this ballot that extend into the target areas are part of written notes.
None of the written remarks would be considered a valid vote for Joyce Foster.
tate er~ate
Districfi~35. -
Senado `.E a ~'
Distrito S ~ ~ ~''~
~_ t~
~~ ~:
N' . Cor~One~~°`r°r Uno)
~ ~-`~ ~
~~• Joyc FQst ~,• ^~
-~
Alice orodkin ~ ~1
Example 10: Marks Inside the Target Area as Written Comments:
The marks that extend into the target areas are parts of written comments on the
ballot. This should not be counted as a vote for Randy L. Baumgardner.
STATE REPRESENTATIVE -DISTRICT 57
~ldy L. Baumgardner
Daniel L. Korkowski
Example 11: Marks Outside the Target Area as Written Instructions:
In this example, a vote would be counted for Sheila Anne Hicks.
STATE
(Vote for Onej
d. Corrected Vote
Please see Chapter 3 for an explanation and examples of this exception.
7-
Elections Division
Colorado Secretary of State's Office
Approved October 2008
i
Chapter 2
Consistent Patterns
1f a voter marks outside the target area, those votes shall be considered valid if the
voter uses a consistent pattern or method of marking. All marks must follow the
same pattern or method.
Example 1(a): Consistent Marking Patterns Outside the Tar ems:
(vcti bro.-a t Vob paurcJ
XMark Ferrandino ~ y
Jamoa E. Johnson. Jr. ~ y
~ y
STATE REPRESENTATIVE -DISTRICT 57
(Vote for ONE)
andy L. Baumgar ne
Q Daniel L. Korkowski
DISTRICT ATTORNEY - tdth JUDICIAL DISTRICT
{Vote for ONE}
Iizabeth Oldham
COUNTY COMMISSIONER -DISTRICT 1
(Vote for ONE)
Q om Gra
COUNTY COMMISSIONER -DISTRICT 2
(Vote for ONE)
Saed F. Tayyara
Example 1(b}; Consistent Markin>? Outside the Target Area:
The voter used a consistent set of marks throughout the ballot. Even though the
marks do not fall within the target area, each ballot would count as a valid vote
for Jeanne Labuda, James E. Johnson, Jr., and Anne L. McGihon.
fate Representative
District 1
cpresentato del Estado
islydo 1
(1ro+. r Oao ! Vow par Uno)
eanne Labuda (i^i ty
tale Representative
Oistrict 2
epresentata del Est~do
' tr~to 2
tVole for One r vote per Uno)
Mark Ferrandino ~I~t t1~
~mes E. Johnson, Jr. ~tw tltlt{•
State Representative
District 3
apresentate del Estado
'str;to 3
(V for Q~e ! Vo!e px Une)
~ne L. McGihon (mot ty
Elections Division
Colorado Secretary of State's Office
del Est ;do
tVcGe for 0^a t Vote pa Une)
Mark Ferrandino ~nl
pas E. Johnson, Jr. ~
Es±ado
(Vote for Orte ! Vo'~e per lho)
Anne L. McGihon •t
I
y
y
~/
-8-
Approved October 2008
Example 1(c): Consistent Marking Outside the Target Area:
In this example, the voter has made the same mark throughout the ballot that falls
outside the target areas. Because the marks are all the same, all the votes on this
ballot are valid.
STATE REPRESENTATIVE -DISTRICT 57
(Vote for ONE)
Randy L. Baumgardner
aniel L. Korkowski
DISTRICT ATTORNEY - 14th JUDICIAL DISTRICT
or ONE)
lizabeth Oldham
COUNTY COMMISSIONER -DISTRICT 1
(V of ONE)
om Gray
CdIJNTY COMMISSIONER -DISTRICT 2
r ONE)
aed F. Tayyara
However, if the voter marks ~ choices with an X, check, or other mark in the
target area, only the responses where the target area is marked shall be counted.
Example 2: Inconsistent Marking_Patterns: '
On the left, a valid vote would only be counted for Jeanne Labuda.
On the right, only valid votes for Elizabeth Oldham and Tom
counted.
Jeanne
ate del Estado
(1'c,~ for 0^a t Vote pa UroJ
ark Ferrandin ~
James E. Johnson, Jr. ~
Estado
y
y
Elections Division
Colorado Secretary of State's Office
Gray would be
STATE REPRESENTATIVE -DISTRICT 57
(Vote for ONE)
Randy L. Baumgardner
Daniel L. Korkowski
DISTRICT ATTORNEY - 14th JUDICIAL DISTRICT
(Vote foc ONE)
Elizabeth Oldham
COUNTY COMMISSIONER -DISTRICT 1
(Vole or ONE)
Tom Gray
COUNTY COMMISSIONER -DISTRICT 2
(Vole for ONE}
Saed F. Tayyara~
9-
Approved October 2008
Example 3(a): Inconsistent Marking Outside the Target Area:
In this example, the voter made marks outside the target areas but did not make
them in a consistent manner. As there are no marks in any target area, there are
no valid votes on this ballot.
dol
Jeanne Labuda ~ ~
tract 2
rewntAte del Estado
-ao 2
(~rcia tar O.s t Vole por Uro)
Mark Ferrandi y
Jamos E. Johnson, Jr. ~ y
del Estado
(V far0:$ f Vote px Uno)
Anne L. McGihon ~ y
Example 3(b): Inconsistent Marking Inside and Outside the Target Area:
While the voter has made the same marks throughout the ballot, some but not all
are outside the target areas. In this scenario, only the marks within the target
areas count as valid votes for Randy L. Baumgardner, Elizabeth Oldham, and
Saed F. Tayyara.
STATE REPRESENTATIVE - DISTRfCT 57
(Vole for ONE)
®Randy L. Baumgardner
Daniel L. Korkows~:i
DISTRICT ATTORNEY - 14th JUDICIP,L DISTRICT
(Vole far ONE)
Elizabeth Oldham
COUNTY COMMISSIONER -DISTRICT 1
(Vole for ONE)
Tom Gray(
COUNTY COMMISSIONER -DISTRICT 2
(Vale for ONE)
Saed F. Tayyara
-10-
Elections Division Approved October 2008
Colorado Secretary of State's Office
.1
11-
Example 3(c): Inconsistent Mazkine Inside and Outside the Tazeet Area:
In this example, there are marks outside the tazget azeas, but not in a consistent
manner throughout the whole ballot. Also, because some tazget azeas aze marked,
only those votes aze valid. Tn this example, the votes for Jeanne Labuda and Anne
L. McGihon aze valid.
Elections Division
Colorado Secretary of State's Office
Approved October 2008
Chapter 3
Overvotes and Corrected Votes
An overvote is a race or ballot measure which contains votes for more than the
maximum number of candidates or responses for a ballot measure anowed. No votes
for that race or issue shall be counted unless the voter corrects the marks by
providing an explanation of his or her desired choice. If a voter has corrected the
vote, the indicated vote shall be considered valid.
If ballots aze counted using an optical scan machine, overvoted races aze rejected by the
voting system. When ballots aze being examined by the resolution board in a central
location, election judges consider voter intent to determine if a ballot is a blank ballot, an
overvoted ballot, or contains one or more write-in votes. Other than ballots being.
examined by the resolution board, voter• intent should not be considered upon initial
count and the ballot should not be duplicated. If a recount is required, voter intent would
then be taken into consideration.
Example 1: An Overvote:
f Catlie~e'I~r Rotipe
~ SheJaRnneF6cks
Joyce Foster
Alice Borodkin
STATE REPRESENTATIVE -DISTRICT 57
{Vote for ONE7
Randy L. Baumgardner
~ Daniel L. Korkowski
-tz-
Elections Division Approved October 2008
Colorado Secretary of State's Office
Invalid Correction of Votes
Example 2: Second Choice Marked:
Pursuant to C.R.S. § 1-7-508(2), when it is impossible to determine the voter's
choice of candidate or vote, the vote shall not be counted. In this instance it is
uncleaz if the X is a vote or an attempt to strike a vote. As a result of both tazget
areas being mazked the voter's intent is uncleaz. Here, the voter has overvoted
and a vote for neither candidate should count.
Example 3:
In this example, the vote should not count as a valid vote for either candidate, as
the voter's intent cannot be detemvned.
L 8~l8te ~ . ~...
D~
K~~.~yyyy~~ ..A
t~~ 4 ~i
yfT-' ~kt~' ~Y SI ! `[N..vy {{~~{-~,..~{n-Sy?.}) y j~ ~
+ fry ~
n ~~~lY~~'1~~
" `~Y
4 < ~
~~~d~+i'i2yn~.Aa
Joyce Foster ~~iy
~.
Alice Borodkin
Valid Correction of Votes
If a voter has marked more than one target area, the vote that has been crossed out
shall be stricken and the second choice that has not been stricken shall be counted as
a valid vote.
Example 4(a): Valid Corrections:
Here the voter has indicated a willingness to correct their vote, and vote for
Daniel. L. Korkowski would be counted on this ballot. The strike through here
amounts to written instructions.
STATE REPRESENTATIVE -DISTRICT 57
(Vote for ONL7
®~-1 ,.-rte.
® Daniel L. Korkowski
13-
Elections Division
Colorado Secretary of State's Office
Approved October 2008
Example 4(b): Valid Corrections:
By drawing a line through the name of a candidate, the voter indicates he or she
wishes to correct his vote. This ballot would count as a vote for Sheila Anne
Hicks.
Example 4(c): Valid Corrections:
In this example, the voter may have made an initial X to mazk a vote for Randy L.
Baumgazdner. The voter then filled in the entire target azea, attempting to clearly
iridicate their vote. This is a valid vote for Randy L. Baumgazdner.
STATE REPRESENTATIVE -DISTRICT 57
ole fof ONE)
Randy L. Baumgardner
Q Daniel L. Korkowski
Example 5: Corrections without Second Choices:
In this example, the voter corrected the vote but did not make
The race is thus undervoted, and neither candidate receives a
voter's intent in this example would only be discovered during
recount..
STATE REPRESENTATIVE -DISTRICT 57
(Vote for ONEI
Q Daniel L. Korkowski
-14-
a second choice.
valid vote. The
a hand-count or
Elections Division Approved October 2008
Colorado Secretary of State's Office
.Example 6: A Write-In Vote to Correct the Voter's Previous Selection:
In this example, the write-in vote for John Doe is the valid vote because the X
serves to correct the voter's previous selection, and the voter has provided written
instructions by writing-in a candidate.
,.. ,
Y:' '.
Blaine Gang Berman +~
Example 7: Both Candidates Cancelled:
Both votes on this ballot have been cancelled by lines through the names.
Because no candidate is selected, this race is undervoted.
- 15-
Elections Division
Colorado Secretary of State's Office
Approved October200S
I
Chapter 4
Written Instructions
If a voter corrects a vote and provides written instruction on his or her intent, it
shall be counted as the voter instructed. Written instructions may include words,
circles, or arrows. Note: If ballots aze counted using an optical scan machine,
overvoted races, even those that may have written instructions, aze rejected by the voting
system. Voter intent should not be considered upon initial count, except for when ballots r
aze being examined by the resolution boazd at a central count location, and the ballot
should not be duplicated. However, if a recount is required, voter intent would then be
taken into consideration. Voter intent is always considered during ahand-count.
Example 1: Voter's Written Correction:
a ,mate
isirict35 ~
{
Y +~ . S
' i+ ~.~ w
~' A' y.)'ry ] r r
~ y ;
Y"""""* t~'°`.,"~oyce Foster ,~~ ~.,
,;,
Alice Borodkin ~y
Example 2: Valid Written Instructions:
STATE REPRESENTATIVE -DISTRICT 57
(Vote for ONE)
®RandyL.Baumgardner 1~0
®Daniel L. Korkowski Xe5
i .
~_
Elaine Gantt Berman ~~
-16-
Elections Division Approved October 20(18
Colorado Secretary of State's Office
Example 3: Valid Written Instructions Cancelline a Vote:
In this example, the voter selected a candidate and then drew an X through both
tazget aeeas to indicate be or she did not want to vote for either. Based on the
"none" comment on the left, this race is undervoted, and neither candidate should
receive a vote.
Joyce Foster
Alice Borodkin
Example 4: All Tazgeted Areas Mazked and Voter Provides Instructions or Indications:
While both-target areas aze marked, the line through Sheila Anne Hicks' name
and the circle azound Catherine "Kit" Roupe indicate that a valid vote should be
counted for Catherine "Kit" Roupe.
-17-
Elections Division Approved October 2008
Colorado Secretary of State's Office
Chapter 5
Write-In Candidates
A properly marked write-in vote is a vote where the voter physically writes in the
name of a leeallv qualified write-in caudidate in the space reserved and correctly
marks the oval or square,~or connects the arrow.
Note: According to Rule 27.7.4.3, if a voter fails to complete the target area but does
write in the name of a qualified candidate, the voter's write-in selection is counted
only during the initial count for baud-counted ballots or during any recount.
Example 2: Write-In Votes without the Tazeet Area Mazked:
Etaine Ga~tz Berman (~ y
-la-
~~
Elections Division Approved October 2008
Colorado Secretary of State's Office
Example 1: A Valid Vote for aWiite-In Candidate:
Example 3: Write-In Candidate's Name Misspelled:
In this scenario, the voter intended to write in Jot
Although the name is misspelled, it is recognized as
declared candidate's name and should be counted as
114, C.R.S., allows "reasonably correct spelling"
candidates.
Elaine Gantt Berman
n Smith as the candidate.
an alternative spelling of a
a valid vote. Section 1-7-
of the names of write-in
Example 4: Reneat of a Candidate's Name:
Because the name of a candidate who is already printed on the ballot is written in,
the vote should not be tallied as an overvote, but should instead be counted as a
-valid vote for Elaine Gantt Berman and not as an overvote. This is pursuant to
Rule 27.7.4.1, and applies even if both tazget areas are mazked or no tazget azeas
aze mazked. In this particulaz example, counties who use optical scan voting
equipment would have the ballot rejected as an overvote. The ballot would
require duplication in this instance because the voter has not overvoted according
to the Rules.
Etaina Lantz Berman ~~
G o~ Bw-~o~+` ,1.11
19-
Elections Division Approved October 2008
Colorado Secretary of State's Office
Example 5: No Write-In Candidate Provided:
In this example, the write-in target azea is mazked, but no name is written on the
line. This should not be counted as a valid vote for any candidate because no
name is listed for a qualified write-in candidate.
Example 6: Both Tar¢et Areas Marked:
The voter mazked the tazget azeas for both the candidate and the write-in
candidate. Because there is no name written for awrite-in candidate, this should
not be tallied as an overvote but instead a valid vote for Elaine Gantz Berman.
Should .this occur when using an optical scan system, the ballot must be
duplicated.
---- _ _--- - (Yola fa Onq f Vole po[ iJnof
Etaine Grants Bemoan ~~
_ _,. __
...._ W .._,_.~~ir
Zo -
Elections Division Approved October 2008
Colorndo Secretary of State's Office
Example 7: Both Tar et Areas Mazked and aWrite-In Candidate Listed:
Because the tazget azea of a candidate is mazked and a name other than that
candidate's appeazs in the write-in response area, the race should be tallied as an
overvote. Regazdless of whether or not the tazget azea next to the write-in
response azea is mazked, neither candidate should receive a valid vote.
___ (Vct~~~tonar~;otedorUnoJ.
Elaine Lantz Berman ~~
Example 8: Voter Fails to List a Qualified Candidate:
Voters may only cast awrite-in vote for a candidate who has filed an affidavit of
intent of write-in candidacy pursuant to section 1-4-1101, C.R.S. This ballot
would not count as vote for the write-in candidate.
21-
Elections Division Approved October 2008
Colorado Secretary of State's Office
M
Example 9: Voter Fails to List a Candidate's Last Name:
Pursuant to section 1-7-7-114(1), C.R.S., a voter must include the last name of a
candidate, that has filled out an affidavit of intent of write-in candidacy, in order
for the selection of a write-in candidate to count. This ballot would not count as a
valid vote for any candidate as Johnny is a first name. This vote would not count
even if there was only one candidate that had filled out a write in candidacy
affidavit named John or even Johnny.
22 -
Elections Division Approved October 2008
Colorado Secretary of State's Office