Election officials debunk claim that marked ballots are invalid | Fact check
The claim: Votes cast on ballots marked by poll workers are disqualified
An Oct. 15 Facebook post (direct link, archived link) warns voters about potential election interference by poll workers.
"I was just told that if the poll worker makes any type of mark on your ballot before giving it to you, it's a way of disqualifying your vote," the post reads. "If this happens, request a new ballot."
Other versions of the claim were shared on Facebook.
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Our rating: False
Multiple election experts said this isn't true. Many states require poll workers to mark or stamp ballots, and every jurisdiction has procedures for counting ballots the machines can't read if the mark interferes with automated counting.
Marked ballots not invalidated
Some online users have begun warning about potential election interference as the Nov. 5 election grows nearer, including claims that votes cast on ballots marked by poll workers are not counted.
But Christopher Mann, research director of the Center for Election Innovation and Research, told USA TODAY there's no truth to the claim.
"The important principle that applies in every state, for every local election official, for every judge, if it ever went to court, is that election officials will always honor voter intent over any technicality," he said.
Mann said every jurisdiction has procedures for separately counting marked ballots that machines are unable to read. In some cases, this involves running the ballot through the machine again more slowly, while in others it involves a bipartisan board of poll workers filling out a new unmarked duplicate ballot for the voter.
He also noted many jurisdictions require ballots to be marked by election workers at various stages of the voting process, such as during audits or vote counts.
This includes states such as Arkansas, Illinois, Missouri and North Dakota, which have laws requiring election judges or poll workers to initial or sign voters’ ballots, though the requirements vary by state. Other states, such as Montana and South Dakota, require ballots to receive an official stamp.
Spokespeople for the Washington, Texas and Minnesota secretaries of state similarly told USA TODAY the claim is false.
Peter Bartz-Gallagher, a Minnesota Secretary of State spokesperson, said, "In Minnesota, it is prohibited for a voter, poll worker or anyone else to make any identifying mark on a ballot – party identification, checkmark, star, etc. However, all ballots will have the initials of two election judges, which are required by law as part of the process of opening the polling place."
He sent USA TODAY a screenshot of a sample ballot with two spaces at the top for the judges' initials.
Greg Tito, a Washington Secretary of State spokesperson, said marked ballots aren't a concern because Washington is an entirely vote-by-mail state without poll workers. He said the small number of in-person early voting centers in Washington are staffed with election officials hired by the counties who help with voter registration and answering voter questions.
Alicia Pierce, a Texas Secretary of State spokesperson, referenced a section of the Texas Election Code that requires voting clerks to mark their initials on the back of each ballot during early voting.
Fact check: Exclusion of Trump statement in Oregon pamphlet not sign of interference
The North Carolina Secretary of State's Office also debunked the claim in an Aug. 2 statement, saying, "Election workers often do write on ballots for different reasons as required by law."
The statement says poll workers may write an identifying number or a voter's precinct on ballots for post-election sorting or similar tasks, but these ballots are counted normally.
"Poll workers should generally not be placing any other markings on the ballot," the statement says. "But stray marks on a ballot should not prevent the ballot from being tabulated as long as the bars on the margin of the ballot and the selection ovals are not affected."
USA TODAY reached out to the user who shared the post for comment but did not immediately receive a response.
Snopes, AFP and Reuters debunked similar claim.
Our fact-check sources:
Christopher Mann, Oct. 23, Phone interview with USA TODAY
Alicia Pierce, Oct. 23, Email exchange with USA TODAY
Greg Tito, Oct. 23, Email exchange with USA TODAY
Peter Bartz-Gallagher, Oct. 23, Email exchange with USA TODAY
Peter Bartz-Gallagher, Oct. 23, Minnesota Sample Ballot
Texas Statutes, accessed Oct. 23, Texas Election Code
North Carolina Secretary of State, Aug. 2, Fact: In NC, if an Election Worker Writes on Your Ballot, It Does Not Invalidate It
South Dakota Legislature, accessed Oct. 23, Codified Laws 12-16-30
Montana Legislature, accessed Oct. 23, Montana Code Annotated 2023
North Dakota Legislature, June 18, North Dakota Century Code Chapter 16.1-13
Missouri Revisor, accessed Oct. 23, Title IX Suffrage and Elections
Illinois Legislature, accessed Oct. 23, 10 ILCS 5/17-9
Justia U.S. Law, accessed Oct. 23, Arkansas Code of 1987
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This article originally appeared on USA TODAY: Ballots marked by poll workers not invalidated | Fact check