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Home | Politically Connected | National Politics | U.S. Senate
Determining voter intent on a challenged ballot
When reviewing contested ballots, keep in mind that state law takes a liberal view of what should be counted.
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Under Minnesota law, a ballot must be counted if it is possible to determine the voter’s intent – even if the voter failed to follow ballot instructions. What the law says:
Count these votes if …
- An X, a check mark or other mark is made in the oval next to a candidate’s name (instead of filling in the oval).
- A mark is made “out of its proper place, but so near a name or space as to indicate clearly the voter’s intent.” Example: If a name is circled, the oval is circled, or an X or check mark or some other distinct mark is made to the right of the candidate’s name, then the vote is valid.
- The ovals are filled in or marks are made next to two candidates, but an attempt was made to “erase or obliterate one of the marks.” Vote is counted for the remaining marked candidate.
- An attempt was made to obliterate a write-in name. The vote is counted for the remaining marked candidate.
- The voter’s intent for other races on the ballot is unclear, but it is clear for the U.S. Senate race.
- A ballot is “slightly soiled or defaced” (as long as it’s not an attempt to make the ballot identifiable).
- Two Senate candidates are marked and there was no attempt to obliterate one of the choices (an overvote).
- A voter places an identifying mark on the ballot, such as writing their initials or making a statement of some kind. (That does not include election judges’ initials.)
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