49.98 - COUNTING BALLOTS.
49.98 COUNTING BALLOTS.
The ballots shall be counted according to the voters' marks on
them as provided in sections 49.92 to 49.97, and not otherwise. If,
for any reason, it is impossible to determine from a ballot, as
marked, the choice of the voter for any office, the vote for that
office shall not be counted. When there is a conflict between a
straight party or organization vote for one political party or
nonparty political organization and the vote cast by marking the
voting target next to the name of a candidate for another political
party or nonparty political organization on the ballot, the mark next
to the name of the candidate shall be held to control, and the
straight party or organization vote in that case shall not apply as
to that office. A ballot shall be rejected if the voter used a mark
to identify the voter's ballot. For each voting system, the state
commissioner shall, by rule adopted pursuant to chapter 17A, develop
uniform definitions of what constitutes a vote. Section History: Early Form
[C97, § 1120; S13, § 1120; C24, 27, 31, 35, 39, § 815; C46,
50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 49.98] Section History: Recent Form
97 Acts, ch 170, § 52; 2004 Acts, ch 1083, §21, 37