5.1. SR 11-20-2000 - Laserfiche WebLink

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. . . Recount Council Memo Page 2 Determining Voter Intent According to Minnesota Election Laws 8235.0800 "Counting and Challenging Ballots," "The recount official shall open the sealed envelope of ballots and recount them in accordance with Minnesota Statutes, Section 204C.22." Section 204C.22 is entitled "Determining Voter's Intent." Subdivision 1 states the following: "Ballot Valid If Intent Determinable." "A ballot shall not be rejected for a technical error that does not make it impossible to determine the voter's intent. In determining intent the principles contained in this section apply." (A copy of this law is attached for your review). Overvoted Ballot As election recount official, it was my responsibility, according to state law, to determine voter's intent on the overvoted ballot. I believe the ballot was cast for Dan Tveite. My decision is based on 204C.22, Subdivision 11, "Attempted Erasures." The law states that, "If the names of two candidates have been marked, and an attempt has been made to erase or obliterate one of the marks, a vote shall be counted for the remaining marked candidate." The next step in the process allows both candidates to review the ballot and to either agree with the election official's decision or to challenge the ballot. Challenged Ballot Councilmember Farber has challenged my determination of the ballot in question. Councilmember Farber is challenging because he interprets the voter's intent as casting a vote for him. Council Action The Council acting as the Board of Canvass, will be shown the ballot in question. The Council will have to either decide on the voter's intent (who the voter intended to vote for) or, the Council can decide that the ballot cannot be discerned. . If the Council determines that the ballot cannot be discerned, then the ballot would be considered defective (or in essence remain an overvote) and Larry would win the election by one vote.