16-468. Form of ballot; optical scanning system; sample ballots

For any ballots intended for use in an optical scanning system, the following apply:

1. As nearly as is practicable, ballots shall have material printed in the same order as provided for paper ballots, except that material may be printed in vertical or horizontal rows or on separate pages.

2. Ballots shall be printed in plain clear type in black ink, and for a general election, on clear white materials, and shall be of a size and arrangement to fit the construction of the vote tabulating equipment or other voting device. For a primary election, ballots shall have a different color indicator for each political party that is represented. Ballots may contain printed code marks that may be used for placing the ballots in the correct position for tabulating devices. The code marks shall not be printed or used in any manner that will disclose the identity of the voter who votes that ballot.

3. The titles of offices may be arranged in vertical columns or in a series of separate pages and shall be printed above or at the side of the names of candidates in order to clearly indicate the candidates for each office and the number to be elected. If there are more candidates for an office than can be printed in one column or on one ballot page, the ballot shall be clearly marked to indicate that the list of candidates is continued on the following column or page and, as nearly as is practicable, so that the same number of names is printed in each column or on each page.

4. As nearly as is practicable, in primary and nonpartisan elections, the names of candidates for each office shall appear on the ballot so that each candidate occupies each position on the ballot the same number of times.  If there are fewer or the same number of candidates seeking office than the number to be elected, rotation of names is not required and the names shall be placed in alphabetical order.

5. As nearly as is practicable, in a primary election for a judicial office, if there are two or more candidates of the same political party, the candidate names shall be alternated on the ballot so that the name of each candidate appears an equal number of times in each possible location on the ballot.

6. Two sample ballots shall be provided for each polling place and shall be posted at the polling place on election day. Sample ballots may be printed on a single page or on a number of pages that are assembled together. A sample ballot shall be a facsimile copy of the official ballot.