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  1. Guest


    A question as come up about what constitutes an "illegal ballot" that is to be counted in a ballot election of an officer. In this case, messengers were instructed to use a particular ballot in a book of ballots, let's say ballot number 10 (as opposed to ballots 5 through 19). The messengers were then instructed to mark that ballot for one of two candidates nominated for a particular office. Ballots were collected and tallied and the teller committee set lets say 122 of those ballots as "illegal ballots" because lets say 105 were turned on a different ballot number than instructed. I understand that the ballots cast on the wrong number can not be used because someone could cast more than one ballot. My question is, would improper ballots be "illegal ballots" that must be counted to determine a majority OR would they simply be dismissed as a blank ballot would because the ballot itself is disqualified. My argument is since the ballot itself is not valid it is not by definition an illegal ballot" that has to be counted in the ballot total to determine a percentage of votes received. As I read RRO, it seems to me that the ballot must be a valid ballot and if the vote cannot be determined on a valid ballot it THEN becomes an illegal ballot and that ballot must be counted in the ballot total. If the ballot is not valid then it is simply discarded. A ballot cast on the wrong numbered ballot would be treated as a ballot cast on a plain piece of paper... it is not valid and set aside and not counted in the ballot total. If it is a valid ballot cast then RRO is used if it cannot be determined what the vote is, it becomes an "illegal ballot" and must THEN be counted in the ballot total. I was actually over-ruled. Thanks!