32-901. Ballots; voting procedure.

(1) To vote for a candidate or on a ballot question using a paper ballot that is to be manually counted, the registered voter shall make a cross or other clear, discernable mark in the square opposite the name of every candidate, including write-in candidates, for whom he or she desires to vote and, in the case of a ballot question, opposite the answer he or she wishes to give. Making a cross or other clear, discernable mark in the square constitutes a valid vote.

(2) To vote for a candidate or on a ballot question using a ballot that is to be counted by optical scanner, the registered voter shall fill in the oval or other space provided opposite the name of every candidate, including write-in candidates, for whom he or she desires to vote and, in the case of a ballot question, opposite the answer he or she wishes to give. A mark in the oval or provided space that is discernable by the scanner constitutes a valid vote.

(3) To vote for a candidate or on a ballot question using a voting system with an electronic aspect authorized for use under the Election Act, the registered voter shall follow the instructions for using the voting system to cause a mark to be recorded opposite the candidate or ballot question response for which the voter wishes to vote. Causing such mark to be recorded does not constitute a valid vote. A paper ballot printed to reflect the voter's choices constitutes a valid vote.

Source

Annotations

1. Legal ballots

2. Illegal ballots

3. Absence of cross

4. Miscellaneous

1. Legal ballots

The provisions of this section are directory and, in the absence of fraud or unlawful purpose, a ballot with the name of a candidate written in should be counted although the name of the same candidate is also printed on the ballot. Shaw v. Stewart, 115 Neb. 315, 212 N.W. 760 (1927).

In the absence of evidence showing that ballots were marked for identification, they are presumed valid. White v. Slama, 89 Neb. 65, 130 N.W. 978 (1911).

A ballot marked other than as provided by law is not valid unless marked for identification. Gauvreau v. Van Patten, 83 Neb. 64, 119 N.W. 11 (1908).

A ballot marked other than as provided by law is not void unless marked for identification. Bingham v. Broadwell, 73 Neb. 605, 103 N.W. 323 (1905).

2. Illegal ballots

Ballots signed by an elector are void and must be rejected. Swan v. Bowker, 135 Neb. 405, 281 N.W. 891 (1938).

Validity of irregularly marked ballots is discussed in detail. Griffith v. Bonawitz, 73 Neb. 622, 103 N.W. 327 (1905).

3. Absence of cross

The provisions of this section are merely directory, and under former law ballots with a candidate's name written in and no cross placed in any square should be counted for that candidate. State ex rel. Lanham v. Sheets, 119 Neb. 145, 227 N.W. 457 (1929).

All ballots marked in a peculiar manner, other than with a cross, should not be counted. Mauck v. Brown, 59 Neb. 382, 81 N.W. 313 (1899).

Ballots with a candidate's name written in but with no mark placed opposite any name must be rejected. Martin v. Miles, 46 Neb. 772, 65 N.W. 889 (1896). (Overruled by State ex rel. Lanham v. Sheets, 119 Neb. 145, 227 N.W. 457 (1929).)

4. Miscellaneous

Ballots are required to be folded so as to expose names of judges endorsed on back. Mommsen v. School Dist. No. 25, 181 Neb. 187, 147 N.W.2d 510 (1966).