§ 3506.21Optical scan ballot marking requirements

(A) As used in this section, "optical scan ballot" means a ballot that is marked by using a specified
writing instrument to fill in a designated position to record a voter's candidate, question, or issue
choice and that can be scanned and electronically read in order to tabulate the vote.


(B)(1) In addition to marks that can be scanned and electronically read by automatic tabulating
equipment, any of the following marks, if a majority of those marks are made in a           consistent
manner throughout an optical scan ballot, shall be counted as a valid vote:


(a) A candidate, question, or issue choice that has been circled by the voter;


(b) An oval beside the candidate, question, or issue choice      that has been circled by the voter;


(c) An oval beside the candidate, question, or issue choice      that has been marked by the voter with
an "x," a check mark, or      other recognizable mark;


(d) A candidate, question, or issue choice that has been marked with a writing instrument that
cannot be recognized by automatic tabulating equipment.


(2) Marks made on an optical scan ballot in accordance with       division (B)(1) of this section shall be
counted as valid votes     only if that optical scan ballot contains no marks that can be    scanned and
electronically read by automatic tabulating equipment.


(3) If automatic tabulating equipment detects that more marks       were made on an optical scan ballot
for a particular office,   question, or issue than the number of selections that a voter    is allowed by
law to make for that office, question, or issue, the voter's   ballot shall be invalidated for that office,
question, or issue.    The ballot shall not be invalidated for any other office,   question, or issue for
which the automatic tabulating equipment       detects a vote to have been cast, in accordance with the
law.



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(C) The secretary of state may adopt rules under Chapter 119.              of the Revised Code to authorize
additional types of optical scan        ballots and to specify the types of marks on those ballots that
shall be counted as a valid vote to ensure consistency in the counting of ballots throughout the state.


(D)(1) A board of elections of a county that uses optical         scan ballots and automatic tabulating
equipment as the primary         voting system for the county shall not tabulate the unofficial     results of
optical scan ballots voted on election day at a central        location.


(2) A board of elections that provides for the tabulation        at each precinct of voted ballots, and then,
at a central location, combines        those precinct ballot totals with ballot totals from other   precincts,
including optical scan ballots voted by absent voters, shall not be considered to be tabulating the
unofficial      results of optical scan ballots at a central location for the   purpose of division (D)(1) of
this section.




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