Chapter 4.12
VOTING PROCEDURES
Sections:
4.12.020 Furnishing instruction cards.
4.12.030 Ballots – Printing and inspection.
4.12.060 Registration index and original register – Distribution.
4.12.080 Time for opening and closing polls.
4.12.090 Distribution of ballots.
4.12.100 Preparation of ballot box or collection container.
4.12.120 Marking of ballots by voters.
4.12.130 Challenging of voters of suspect qualification.
4.12.140 Questioning a voter’s ballot.
4.12.150 Challenged ballots – Disposition.
4.12.160 Ballots – Counting and tallying.
4.12.170 Defective and unused ballots.
4.12.180 Election certificate.
4.12.190 Election board – Majority decisions.
4.12.200 Persuasion near election places – Prohibited.
4.12.210 Other ballot counting systems authorized.
4.12.010 Election booths.
The borough clerk shall provide booths at each polling place, with appropriate supplies and conveniences to enable each voter to mark his ballot screened from observation. At least three sides of each booth shall be enclosed. Ballot boxes or collection containers shall be placed outside of the voting booths within plain view of the judges and clerks, voters, and other persons at the polling places. (Ord. 99-05 § 1, 1999; Code 1986 § 4.20.010)
4.12.020 Furnishing instruction cards.
A. The borough clerk will furnish to each election board instructions for the guidance of voters covering the following:
1. How to obtain ballots;
2. The manner for marking them;
3. The method for obtaining information; and
4. How to procure new ballots to replace any ballot destroyed or spoiled.
B. The clerk will furnish a sufficient number of these instruction sheets to the election judges in each precinct. (Code 1986 § 4.20.020)
4.12.030 Ballots – Printing and inspection.
In all borough elections, the borough clerk will be responsible for the printing of ballots. The ballots will be printed and in the possession of the borough clerk at least 20 days prior to the election and subject to the inspection of candidates or their agents. (Ord. 87-07 § 1, 1987; Code 1986 § 4.20.030)
4.12.040 Ballots – Form.
A. A ballot shall consist of a list of candidates and issues to be decided at the election.
B. Preceding the list of candidates for each office there will be placed the words “vote for not more than three,” or “vote for not more than one,” or such other number as are to be elected.
C. Under the title of each office and below the printed names of the candidates, there will be printed blank lines for write-in candidates, equal to the number of candidates to be elected to the office.
D. When voting machines are used, a vote may be cast for any person whose name does not appear on the machine. The vote will be written upon the device provided on the machine for that purpose.
E. Somewhere on the ballot, so as to be clearly visible, will be printed the words:
1. “OFFICIAL BALLOT”;
2. The date of the election; and
3. A facsimile signature of the clerk who had the ballots printed.
F. The ballots will be printed on plain white paper or card stock and numbered consecutively. The names of the candidates will be printed in capital letters the same size. On each line on which the name of a candidate is printed and on the line of each blank provided for write-in candidates, a square or other space dictated by ballot counting technology will be printed. Depending on the vote counting technology being used by the borough, suitable, alternate instructions for the treatment of the ballot after voting may be specified by the judges and clerks at the poll.
G. The names of candidates shall be printed as they appear upon the petitions filed with the borough clerk, except that any honorary or assumed title or prefix shall be omitted. The positions of the names of candidates shall be changed from one ballot to the next as required by the laws of the state for state elections.
H. Following the names of the offices and candidates, there shall be placed on the ballot all propositions and questions to be voted upon. The words “Yes” and “No” shall be placed below the statement of each proposition and question. (Ord. 99-05 § 1, 1999; Ord. 98-07 § 1, 1998; Code 1986 § 4.20.040)
4.12.050 Sample ballots.
The borough clerk will have a number of sample ballots printed. The sample ballots will be printed on non-white paper or card stock and clearly labeled as a “sample ballot.” Sample ballots will be delivered to the election board in each precinct. (Ord. 99-05 § 1, 1999; Code 1986 § 4.20.050)
4.12.060 Registration index and original register – Distribution.
Prior to the opening of the polls, the borough clerk shall deliver a registration index and an original register to the election officials in every precinct. The original register will provide sufficient space to enable voters to sign their name and enter residential and mailing addresses. A record shall be kept in the original register of the names of persons who offer to vote but are refused, and a brief statement of the basis for the refusal. The signing of the register constitutes a declaration by the voter that he is qualified to vote. (Code 1986 § 4.20.060)
4.12.070 Voting machines.
Voting machines or other voting technologies may be used in addition to or instead of paper ballots in any election. All necessary supplies for the assistance of voters such as sample ballots shall be provided in the same manner as where paper ballots are used. (Ord. 99-05 § 1, 1999; Code 1986 § 4.20.070)
4.12.080 Time for opening and closing polls.
A. On the day of any election, each election board shall open the polls for voting at 8:00 a.m., shall close the polls for voting at 8:00 p.m., and shall keep the polls open during the time between these hours. The election board members shall report to the polling place at 7:30 a.m. of an election day. The hour shall be determined by the standard time, or daylight-saving time, that is applicable to the polling place.
B. Fifteen minutes before the closing of the polls, a judge or clerk shall proclaim to all persons present the time remaining before the polls close. When the polls are closed, the fact will be similarly announced. Thereafter, no ballots will be given out except to qualified voters present at the polls and waiting to vote when the polls are closed. (Code 1986 § 4.24.010)
4.12.090 Distribution of ballots.
A. The borough clerk shall deliver the ballots to the election board before the polls are opened on election day. The ballots shall be delivered in separate sealed packages, with the number of ballots enclosed in each package clearly marked on the outside of it. A receipt for each package shall be taken from the election board to which it is delivered, and preserved by the borough clerk. No ballots shall be taken from the polling place before the closing of the polls.
B. The clerk shall keep the following records:
1. The number of ballots delivered to the various polling places;
2. The name of the persons to whom the ballots are delivered; and
3. The time the ballots are delivered.
C. When the ballots are returned, the clerk shall record the following:
1. The number and character of the ballots;
2. The time when the ballots are returned; and
3. The name of the person returning the ballots. (Code 1986 § 4.24.020)
4.12.100 Preparation of ballot box or collection container.
Before receiving any ballots, the election board must, in the presence of all persons assembled at the polling place, open and exhibit the ballot box to be used at the polling place. In the case of another form of ballot collection container, such container shall be available for inspection by persons assembled at the polling place, so that its integrity would not be subject to question. Thereafter, the box or collection container will be sealed and not opened again until the polls are finally closed. In the event of a mechanical or other malfunction of the collection container, the ballots shall be deposited in the alternate ballot container which shall be inspected so that its integrity is not subject to question. At the close of the polls and upon the receipt within the ballot box or collection container of all ballots timely voted, the ballot box will be personally opened by the election judges. Other ballot collection containers will be handled by the election judges as is appropriate for such collection technology. (Ord. 99-05 § 1, 1999; Code 1986 § 4.24.030)
4.12.110 Voting procedure.
A. A voter will give the judges and clerks his name, and write his name, residence and mailing address on the first available line of the registration book. If any judge or clerk present believes the voter is not identifiable, he/she immediately shall challenge the voter and the voter shall be allowed to vote a questioned ballot.
B. If the voter is not challenged, he shall be given one ballot and shall retire alone to a voting booth. There the voter without undue delay shall prepare his ballot by marking the appropriate boxes or other spaces opposite the names of candidates of his choice, whether printed on the ballot or written in by him on the blank lines provided for the purpose, and the appropriate boxes or other spaces for questions and propositions. Before leaving the voting booth, the voter shall fold his ballot in a manner displaying the number thereon and deliver it to one of the judges or clerks, who shall tear the number off and deposit the ballot in the ballot box or collection container if the ballot bears the same number as the ballot given to the voter by the judges and clerks. Depending on the vote counting technology being used by the borough, suitable, alternate instructions for the treatment of the ballot after voting may be specified by the judges and clerks at the poll.
C. A voter who by accident or mistake mutilates or spoils his ballot shall, upon returning the same to the judges and clerks, be given another ballot.
D. Any voter who requires assistance to vote by reason of blindness, disability, inability to read or write, or who is otherwise incapable of marking the ballot, may be given assistance by a person of the voter’s choice. (Ord. 99-05 § 1, 1999; Ord. 95-02 § 8a, 1995; Code 1986 § 4.24.040)
4.12.120 Marking of ballots by voters.
A. A voter may mark his ballot only by the use of crossmarks, “X” marks, checks, or plus signs that are clearly spaced in the square opposite the name of the candidate the voter desires to designate. In the case of alternative vote counting technology, the voter shall mark his ballot according to specified instructions given at the poll.
B. Failure to properly mark a ballot as to one or more candidates does not itself invalidate the entire ballot.
C. If a voter marks fewer names than there are persons to be elected to the office, a vote shall be counted for each candidate properly marked.
D. If a voter marks more names than there are persons to be elected to the office, the votes for candidates for that office shall not be counted.
E. The mark shall be counted only if it is substantially inside the square or other space provided, or touching the square or other space so as to indicate clearly that the voter intended the particular square or space to be designated.
F. Improper marks on the ballot shall not be counted and shall not invalidate marks for candidates properly made.
G. An incomplete erasure or incomplete correction invalidates only that section of the ballot in which it appears.
H. Write-in votes are not invalidated by writing in the name of a candidate whose name is printed on the ballot unless the election board determines, on the basis of other evidence, that the ballot was so marked for the purpose of identifying the ballot.
I. Stickers bearing a candidate’s name may be affixed to the ballot in lieu of writing in a candidate’s name if write-in votes or ballots are otherwise permitted, unless the voting technology being used precludes use of stickers.
J. No voter may leave the polling place with the official ballot that he received to mark. (Ord. 99-05 § 1, 1999; Code 1986 § 4.24.050)
4.12.130 Challenging of voters of suspect qualification.
Every election judge and election clerk shall challenge, and every watcher or other person qualified to vote in the precinct may challenge, a person attempting to vote if the challenger has good reason to suspect that the challenged person is not qualified to vote. All challenges shall be made in writing setting out the reason for the challenge. A challenged person before voting shall subscribe to an oath and affidavit provided by the borough clerk attesting to the fact that in each particular case the person meets all the qualifications of a voter, that he is not disqualified, and that he has not voted at the same election. He shall also state the place from which he came immediately before living in the precinct in which he now offers to vote and the length of time of his residence in the former place. After the challenged person has taken the oath and signed the affidavit, the person may vote. If the challenged person refuses to take the oath or sign the affidavit, the person may not vote. (Code 1986 § 4.24.060)
4.12.140 Questioning a voter’s ballot.
If his polling place is in question, a voter shall be allowed to vote, and any election official shall consider the ballot as a questioned ballot. (Code 1986 § 4.24.070)
4.12.150 Challenged ballots – Disposition.
After a challenged voter has cast his ballot, the challenged voter will insert the ballot into a small blank envelope and seal it. This envelope shall be placed in the signed oath and affidavit envelope. The oath and affidavit envelope shall be sealed and inserted into a larger envelope. The envelope will be delivered to the borough clerk. The borough clerk will present these materials to the canvass committee and assist in determining the merits of the challenge. (Code 1986 § 4.24.080)
4.12.160 Ballots – Counting and tallying.
A. Immediately after the polls close and the last vote has been cast, the election judges will open the boxes containing the ballots cast. The ballots will be counted to determine whether the total number of ballots is equal to the total number of persons who voted as indicated in the original registry. If the number of ballots drawn from the ballot box does not match the number of ballots indicated by the registration book to have been cast in the precinct, the ballots shall be recounted until the election board finds that there is a discrepancy or that the number of ballots cast matches the number of ballots indicated by the registration tally. If a discrepancy is determined to exist, it shall be explained in detail on the tally paper or papers, and such explanation shall be signed by the judges. Alternative vote counting technologies may require slightly altered methods of comparing the number of ballots to the number of persons who voted as indicated in the registry. These methods will be publicly explained by the election judges after the polls close.
B. The counting of the ballots will be public. The opening of the ballot box at the close of the polls shall be accomplished in full view of any persons present. The public may not be excluded from the area in which the ballots are counted. However, the chairman of the election board shall not permit anyone present to interfere in any way or to distract the appointed officials from their duties, and no one other than appointed election officials may handle the ballots. The judges shall remove the ballots from the ballot box one by one, and tally the number of votes for each candidate and for or against each issue. The ballots shall be inspected for disqualifying marks or defects. The election judges shall cause the vote tally to be continued without adjournment until the count is complete. Votes counted by alternative technologies shall be tallied in an open and public manner so as to eliminate challenges to the integrity of the vote-counting process. (Ord. 99-05 § 1, 1999; Code 1986 § 4.24.090)
4.12.170 Defective and unused ballots.
If a voter shall mark more names than there are persons to be elected to any office, or if for any reason it is impossible to determine from his ballot any voter’s choice for any office to be filled, the ballot shall not be counted as to that office or issue. A failure to properly mark a ballot as to one or more candidates or issues shall not invalidate the entire ballot. No ballot shall be rejected if the election board can determine from an inspection of the ballot the person for whom the voter intended to vote and the office intended to be designated by the voter. Ballots not counted shall be marked “Defective” on the back thereof, and ballots to which objection has been made shall be marked “Objected To” on the back thereof. An explanation of the defect or objection shall be written on the back of the ballot and signed by the chairman. All such ballots shall be enclosed in an envelope marked on the outside with a description of its contents. All ballots not voted and all ballots mutilated or spoiled by voters shall be returned by the judges to the borough clerk, who shall give a receipt therefor and keep a record of the number and character of ballots returned to him, indicating when and by which judge each was returned. (Code 1986 § 4.24.100)
4.12.180 Election certificate.
A. After the votes are announced and counted, a certificate will be drawn stating the number of votes each person has received and designating the office for which he has run. The poll lists and tallies will be attached to the certificate. The certificate will be signed by the election judges.
B. The chairman shall call the borough clerk collect immediately after the signing of the certificate, in the presence of the other election officials, and report the results of the election to the borough clerk. The clerk shall repeat each election result to the chairman. In the event the items specified in subsection (C) of this section are unavailable to the canvass committee, the affidavit of the clerk as to the results telephoned in and the affidavit of the chairman and other election officials present at the telephone conversation are presumptive evidence, absent fraud, as to the results.
C. The registration index, ordinal register, tallies or tally papers, oath of judges, oaths of voters, other papers and certificates will be placed in an envelope. The envelope will be marked “election returns” and delivered to the borough clerk. (Ord. 88-16 § 1, 1988; Code 1986 § 4.24.110)
4.12.190 Election board – Majority decisions.
The decision of the majority of judges determines the action that the election board shall take regarding any question which arises during the course of the election. (Code 1986 § 4.24.120)
4.12.200 Persuasion near election places – Prohibited.
During the hours the polls are open, no person who is in the polling place or within 200 feet of any entrance to the polling place may attempt to persuade a person to vote for or against a candidate, proposition or question. (Ord. 95-02 § 9, 1995; Code 1986 § 4.24.130)
4.12.210 Other ballot counting systems authorized.
Nothing in this title prohibits the use of alternate ballot counting system approved for use in state elections. The borough clerk, subject to any further approval as may be required by law, may prescribe rules for the use of such system or may adopt such rules, regulations and procedures as have been adopted by the state for use in state elections. (Ord. 99-05 § 1, 1999)