[EL] Stray Marks on Ballot

Goldfeder, Jerry H. jgoldfeder at stroock.com
Wed Oct 14 14:59:43 PDT 2020


New York will disqualify a ballot that has a stray mark if one can infer the identity of the voter.  The rule is applied unevenly at the trial level, which is to say, subjectively by the court and often depending upon who is being voted for.


Jerry H. Goldfeder
Special Counsel

STROOCK
180 Maiden Lane, New York, NY 10038
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From: Law-election <law-election-bounces at department-lists.uci.edu> On Behalf Of Sylvia Albert
Sent: Tuesday, October 13, 2020 11:51 AM
To: Election Law Listserv <law-election at uci.edu>
Subject: [EL] Stray Marks on Ballot

Hi folks:

Does anyone know of a  survey of state laws about the treatment of ballots which contain stray marks or other writing?  In a number of states, a stray mark or other mark will  disqualify the ballot.  There are some posts going around social media and we've been getting questions.   It would be great to know which states still use these laws to disqualify ballots.

Thanks,

Sylvia

--
Sylvia Albert (she/her)
Common Cause
Director of Voting and Elections
805 15th Street, NW, Suite 800
Washington, DC 20005
salbert at commoncause.org<mailto:salbert at commoncause.org>
O: (202) 736 - 5788
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