§ 1223What Ballots Shall Be Counted; Manner of Counting; Defective Ballots

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(a) No ballot which is so marked
as to be capable of identification shall be counted. Any ballot
that is marked in blue, black or blue-black ink, in fountain
pen or ball point pen, or black lead pencil or indelible pencil,
shall be valid and counted: Provided, That all markings on the
ballot are made by the same pen or pencil. Any ballot marked
by any other mark than an (X) or check (✓) in the spaces
provided for that purpose shall be void and not counted:
Provided, however, That no vote recorded thereon shall be
declared void because a cross (X) or check (✓) mark thereon is
irregular in form. Any erasure or mutilation in the vote in any
office block shall render void the vote for any candidates in
said block, but shall not invalidate the votes cast on the
remainder of the ballot, if otherwise properly marked. Any
ballot indicating a vote for any person whose name is not

printed on the ballot, by writing or stamping, shall be counted
as a vote for such person, if placed in the proper space or
spaces provided for that purpose, whether or not an (X) or check
(✓) is placed after the name of such person: Provided, however,
That if such writing or stamping is placed over the name of a
candidate printed on the ballot, it shall render the entire
vote in said office block void. In districts in which paper
ballots or ballot cards are electronically tabulated, stickers
or labels may not be used to mark ballots. A vote cast by means
of a sticker or label affixed to a ballot or ballot card shall
be void and may not be counted. If an elector shall mark his
ballot for more persons for any office than there are candidates
to be voted for for such office, or if, for any reason, it may
be impossible to determine his choice for any office, his ballot
shall not be counted for such office, but the ballot shall be
counted for all offices for which it is properly marked. Ballots
not marked, or improperly or defectively marked, so that the
whole ballot is void, shall be set aside and shall be preserved
with the other ballots. ((a) amended Oct. 31, 2019, P.L.552,
No.77)
   (b) At November elections, a cross (X) or check (✓) mark
in the square opposite the name of political party or political
body in the party column shall be counted as a vote for every
candidate of that party or body so marked, including its
candidates for presidential electors, except for those offices
as to which the voter has indicated a choice for individual
candidates of the same or another party or body in any office
block, in which case the ballot for such office block shall be
counted only for the candidates thus individually marked,
notwithstanding the fact that the voter has made a mark in the
party column, and even though in the case of an office for which
more than one candidate is to be voted for, he has not
individually marked for such office the full number of
candidates for which he is entitled to vote.
   (1223 amended Jan. 8, 1960, 1959 P.L.2142, No.790)

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