Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 26 - Counting Votes › Rule 721-26.20 - Write-in Votes

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The precinct
				election officials and recount board members shall count a write-in vote only
				if the voting target is marked.
(2)
				If a voter writes the name of the same person more than once in the proper
				places on a ballot for an office to which more than one person is to be
				elected, all but one of those votes for that person for that office are void
				and shall not be counted.
(3) If a
				write-in vote duplicates an otherwise correctly cast vote for a candidate whose
				name appears on the ballot, the write-in vote shall be counted. The ballot has
				been read as overvoted for this office, and all other votes have been counted
				by the tabulator.
(4) Write-in
				votes cast for the office of president and vice president, or for governor and
				lieutenant governor, shall be tabulated as a single vote for a pair of
				candidates.
(5) Names. The
				officials tabulating write-in votes shall disregard misspellings or variations
				in names or abbreviations for write-in candidates and shall count the
				variations in the form of the name for a single person if the officials can
				determine for whom the write-in votes were cast. Write-in votes for fictitious
				characters shall be tabulated as written.
Example A for 26.20(1): Write-in voting target not marked.
				  The voter has not marked the voting target for the write-in votes. Two persons
				  are to be elected to the county board of supervisors.
For Board of Supervisors
(Vote for no more than two.)
Click here
				  to view Image
This example does not show a vote. Iowa Code section 49.99
				  requires voters to mark the voting target for write-in votes on optical scan
				  ballots. If the voting target for a write-in vote is not marked, the vote does
				  not count.
Example B for 26.20(1): Write-in voting target not marked.
				  The voter has written in the names on the write-in lines but has not marked the
				  voting targets. Two persons are to be elected to the county board of
				  supervisors.
For Board of Supervisors
(Vote for no more than two.)
Click here
				  to view Image
This example shows one vote for CANDIDATE 1 and one vote for
				  CANDIDATE 2. Iowa Code section 49.99 requires voters to mark the voting target
				  for write-in votes on special paper ballots or the votes do not count. These
				  write-in votes have no effect.
Example C for 26.20(1): Overvote. The voter has marked the
				  write-in voting target, but has not written a name on the line. Two persons are
				  to be elected to the county board of supervisors.
For Board of Supervisors
(Vote for no more than two.)
Click here
				  to view Image
This example shows an overvote. No votes shall be counted for
				  this office. The voter's choice here can be interpreted in more than one
				  way.
Example for 26.20(2): Two write-ins for the same person. The
				  voter has written in the name of the same person on both write-in lines. Two
				  persons are to be elected to the county board of supervisors.
For Board of Supervisors
(Vote for no more than two.)
Click here
				  to view Image
This example shows one vote for Candidate 7. Iowa Code
				  section 49.99 provides that only one vote be counted if a voter writes the name
				  of the same person more than once in the proper places on a ballot for an
				  office to which more than one person is to be elected.
Example for 26.20(3): Write-in vote duplicates other votes.
				  The voter has written on the write-in lines the names of the candidates for
				  whom the voter has also marked the voting targets next to the printed names.
				  Two persons are to be elected to the county board of supervisors.
For Board of Supervisors
(Vote for no more than two.)
Click here
				  to view Image
This example shows a vote for CANDIDATE 1 and a vote for
				  CANDIDATE 2. Although the write-in votes duplicate the votes for candidates on
				  the ballot, it is clear that the voter has chosen CANDIDATE 1 and CANDIDATE
				  2.
Example A for 26.20(4): Write-in vote for team on the ballot.
				  The voter has written in the names of the candidates for president and vice
				  president whose names also appear on the ballot.
For President and Vice President
(Vote for no more than one team.)
Click here
				  to view Image
This example shows a vote for the Party B team of Candidate
				  21 for president and for Candidate 22 for vice president. The voter has clearly
				  chosen this team of candidates.
Example B for 26.20(4): Identifying mark with write-in vote
				  for team on the ballot. The voter has written in the names of the candidates
				  for president and vice president whose names also appear on the ballot and has
				  identified the political affiliation of the voter.
For President and Vice President
(Vote for no more than one team.)
Click here
				  to view Image
This is not a vote. The political identification next to the
				  write-in lines is an identifying mark, as defined in rule 26.14(50).
Do
				  not count any votes on this ballot pursuant to Iowa Code section 39A.4(1)
				  "a"(6) or 49.92.
Follow the procedure in rule 26.14(50).
Example C for 26.20(4): Write-in vote for part of a team. The
				  voter has written in the name of the presidential candidate of one party and
				  the vice presidential candidate of another.
For President and Vice President
(Vote for no more than one team.)
Click here
				  to view Image
This example shows a vote for the team of Candidate 19 for
				  president and for Candidate 22 for vice president. This does not count as a
				  vote for the president/vice president team of either Party A or Party B.
Example D for 26.20(4): Write-in vote for part of a team. The
				  voter has written in the name of the presidential candidate of one party and
				  the name of another person for vice president.
For President and Vice President
(Vote for no more than one team.)
Click here
				  to view Image
This example shows a vote for the team of Candidate 19 for
				  president (who is also the presidential candidate for Party A) and for
				  Candidate 45 for vice president. This does not count as a vote for the
				  president/vice president team of Party A.
Example E for 26.20(4): Write-in vote for president and vice
				  president. The voter has written in votes for president and vice
				  president.
For President and Vice President
(Vote for no more than one team.)
Click here
				  to view Image
This example shows a vote for the team of Candidate 44 for
				  president and for Candidate 45 for vice president.
Example F for 26.20(4): Write-in vote for president and vice
				  president. The voter has written in votes for president and vice
				  president.
For President and Vice President
(Vote for no more than one team.)
Click here
				  to view Image
This example shows a vote for the team of Candidate 44 for
				  president and for Candidate 50 for vice president. Even though other write-in
				  votes have been counted for Candidate 44 for president with a different vice
				  presidential teammate, this team is listed and counted
				  separately.