If an optical scan ballot is used, the voter may use a pencil or other marking instrument provided to mark the voter's choice on the ballot. Source: SL 2002, ch 76, § 2. Effective July 1, 2026 12-18-16.1. Marking of optical scan ballot--Pen provided--Instructions--Effect. If an optical scan ballot is used, the person in charge of the election must: (1) Provide a black ink pen for each in-person voter to mark the voter's choice on the ballot; and (2) Provide instructions to each voter who applies to vote by absentee ballot that the voter use a black ink pen to mark the voter's choice on the ballot. The person in charge of the election may not disqualify any ballot marked by a writing instrument other than a black ink pen. Source: SL 2002, ch 76, § 2; SL 2026, ch 72, § 1.
§ § 12-18-16.1Marking of optical scan ballot
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