Section 3.1802. Opening of boxes.
Only the Commission may
open a ballot box or a sealed container of absentee ballots. The
Commission opens a ballot box or container in a public place where the
Commission has assembled to tabulate ballots. The Commission publicly
announces the time and place of the opening of ballot boxes and the tabulation
of votes. Subject to reasonable Commission regulation an interested
person may observe the proceedings. The Commission tabulates
ballots.
(1) The Commission rules on the acceptability of an individual ballot. The Commission preserves in its records a rejected ballot which is available for inspection by the public while counting is taking place.
(2) The Commission places a notation on a ballot that it is a rejected ballot because of defacement or other irregularity.
Section 3.1804. Rules of exclusion.
(1) The Commission does not reject a ballot for a technical error which does not render it impossible to determine the voter's choice, even though the ballot is soiled or partially defaced.
(2) Two or more markings in one voting square or a mark made partly within and partly without a voting square or space do not render a ballot void.
(3) If the voter imperfectly marked a ballot so that the Commission finds it impossible to determine the voter. s choice for an office, the Commission rejects that portion of the ballot. The Commission counts a portion of the ballot properly marked.