Definition of a Valid Vote on Punch Card Systems

Table lists each state’s definition of what constitutes a vote on a punch card ballot as it appears in state law (administrative rules and regulations are not systematically included). 

Definition of Proper Ballot Marking

Specific Provisions for Interpreting Variations from Proper Marking

Alabama

N/A

N/A

Alaska

N/A

N/A

Arizona

None

According to the Secretary of State’s procedures manual for inspection boards, board members must remove hanging chad prior to tabulating ballots. By custom and usage, "hanging chad" means hanging by one or two corners. This will be specified in the manual soon.

Arkansas

None

None

California

State law requires that each voting system have procedures adopted for use with that system, and each set of procedures addresses this issue in detail.

State law requires that each voting system have procedures adopted for use with that system, and each set of procedures addresses this issue in detail.

Colorado

None

Votes shall not be counted if a voter marks or punches more names than there are persons to be elected to an office or if, for any reason, it is impossible to determine the elector's choice of candidate or vote concerning the ballot issue. A defective or an incomplete mark or punch on any ballot in a proper place shall be counted if no other mark or punch is on the ballot indicating an intention to vote for some other candidate or ballot issue. §1-7-508

(More specific standards will be added to Secretary of State’s Election Rules in 2001.)

Connecticut

N/A

N/A

Delaware

N/A

N/A

Florida*

None*

None*

Georgia*

None*

None*

Hawaii

Found in administrative rule

"Defective Ballot" means any ballot delivered to the counting center in accordance with §11-152 that cannot be read by the ballot reading device. 16-41

Idaho

None

None

Election workers "fan" the punch cards and remove hanging chad before the cards are run through the counter the first time. There are no specific standards on how to "fan" and remove chad.

Illinois

Yes

State Supreme Court ruling, and following administrative rule:

Chad shall be removed from ballot cards prior to their processing and tabulation in election jurisdictions which utilize a ballot card as a means of recording votes at an election. Election jurisdictions which utilize a mechanical means or device for chad removal as a component of their tabulation equipment shall use such means or device for chad removal. (26 Ill. Adm. Code 207.60)

Indiana*

After receiving ballot cards, a voter shall... indicate the candidates for whom the voter desires to vote by punching a hole in or marking the squares immediately beside the candidates' names §3-11-13-31.7

Specific rules for indented and hanging chad, and for holes punched near chad can be found in the statutes at §3-12-1-9.5, 3-12-1.

Iowa

N/A

N/A

Kansas

N/A

N/A

Kentucky

N/A

N/A

Louisiana

N/A

N/A

Maine

N/A

N/A

Maryland*

In regulations – COMAR 33.10

None*

Massachusetts

If there is an approved electronic voting system in use, a voter may vote by punching holes in a data processing card, or by marking his ballot with special inks, or in a special manner, in conformity with the approved electronic voting system in use. §54.33E

None

Michigan

Yes (administrative rule)

If a chad is hanging by one or two corners it is a vote; otherwise it is not (admin rule)

Minnesota

N/A

N/A

Mississippi

Not in statute

Not in statute

Missouri

Where voting machines are used, the voter shall register his vote as directed in the instructions for use of the machine and leave the polling place immediately.

None

Montana

None

None

Nebraska

N/A

N/A

Nevada

SB 297, passed in 2001, provides: 

In an election in which a mechanical voting system is used whereby a vote is cast by punching a card: 

(a) A chip on the card must be counted as a vote if:

(1) The chip has at least one corner that is detached from the card; or

(2) The fibers of paper on at least one edge of the chip are broken in a way that permits unimpeded light to be seen through the card.

(b) A writing or other mark on the card, including, without limitation, a cross, check, tear or scratch, may not be counted as a vote. The remaining votes on such a card must be counted unless the ballot is otherwise disqualified.

See left

New Hampshire

N/A

N/A

New Jersey

Yes

None

New Mexico

N/A

N/A

New York

N/A

N/A

North Carolina

Yes (rule?)

None (SB 14, passed by the Senate and pending in the House, establishes general guidelines for counting, and directs the State Board of Elections to promulgate rules prescribing procedures and standards for each voting system.)

North Dakota

The elector…shall…prepare the elector's ballot by placing a crossmark (X) or other

mark which clearly shows the intention of the elector within the square opposite the name of each person for whom the elector wishes to vote. §16.1-13-23

Voting procedures for electronic voting systems must be the same as for regular

paper ballot voting. §16.1-13-24

None

Ohio

None

HB 5, passed in 2001, provides:

Election officials must inspect the ballots and remove chads attached by two or fewer corners before the ballots are counted, and to remake and count ballots that clearly appear to have been voted backwards. If a chad remains attached to a ballot by three or four corners, it must be deemed that the voter did not record a choice at the particular position on the ballot, and a vote must not be counted at that particular position.

Oklahoma

N/A

N/A

Oregon

None

A Secretary of State directive specifies rules on counting ballots. Instructions for punch card and data vote equipment include "remove loose chad to insure all voters’ choices are accurately reflected in the count." There is no specific instruction about how many corners must be hanging to be counted.

Pennsylvania

Yes §1112-A

None

Rhode Island

N/A

N/A

South Carolina

Not in statute

Not in statute

South Dakota

Defined by courts

Defined by courts

Tennessee

None

None

Texas*

An electronic system ballot on which a voter indicates a vote by punching a hole in the ballot must contain the following instruction if candidates are to be voted on: "Vote for the candidate of your choice in each race by making a punch hole in the space provided adjacent to the name of that candidate." §124.063(a)

In any manual count, a vote on a ballot on which a voter indicates a vote by punching a hole in the ballot may not be counted unless:

(1) at least two corners of the chad are detached;

(2) light is visible through the hole;

(3) an indentation on the chad from the stylus or other object is present and indicates a clearly ascertainable intent of the voter to vote; or

(4) the chad reflects by other means a clearly ascertainable intent of the voter to vote. §127.130(d)

Utah

None

None

Vermont

N/A

N/A

Virginia

HB 1843, passed in 2001, requires the State Board of Elections to provide standards by September 1, 2001, for determining whether a ballot has or has not been voted for a candidate

None

Washington

None

None

West Virginia

N/A

N/A

Wisconsin

Yes

Yes

Wyoming

None

None