16-468

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. A ballot stub is not required.

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 label 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.

7. The secretary of state shall establish a procedure pursuant to section 16-452
for the elimination of stubs for official ballots.