(1) Before being counted, each questionable write-in vote on a paper ballot set aside under 13-15-206(2)(a) or (3)(b), MCA, must be reviewed by the counting board. The counting board shall evaluate each questionable vote according to the rules below:

(a) If a majority of the counting board members agree that under the rules the voter's intent can be clearly determined, the vote is valid and must be counted according to the voter's intent.

(b) If a majority of the counting board members do not agree that the voter's intent can be clearly determined under the rules, the vote is not valid and may not be counted.

(2) Except as provided in (3), only votes for declared write-in candidates shall be counted. Except as provided in ARM 44.3.2405, a write-in vote may be counted only if the write-in vote identifies an individual by any of the designations filed pursuant to 13-10-211(1)(a), MCA. The following rules shall apply to determining a valid write-in vote in a count or recount of paper and opti-scan ballots:

(a) no candidate name or office written in, but the designated write-in voting area is marked and no other candidate is selected.The election official shall count this as an undervote;

(b) a printed candidate is selected by marking of the designated voting area, and no name is written in, but the designated write-in voting area is marked.The election official shall count this as a vote for the printed candidate;

(c) a printed candidate is selected by marking of the designated voting area, any name is written in and the designated write-in voting area is marked.If the name written in is different from the name of the printed candidate selected, the election official shall count this as an overvote.If the name written in is the same as the name of the printed candidate selected, the election official shall count this as a vote for the printed candidate selected.

(d) the designated voting area for a printed candidate is marked and the same name is written in but the designated write-in voting area is not marked.The election official shall count this as a vote for the marked designated voting area;

(e) comments are written in which do not indicate a clear vote, and no candidate is marked.The election official shall count this as an undervote;

(f) the designated voting area for a printed candidate is marked, a comment is written in, and the corresponding designated write-in voting area is or is not marked.The election official shall count this as a vote for the printed candidate, unless the comment creates uncertainty about who the choice is or directs the election official not to count the vote for the printed candidate selected.In the latter case, the election official shall count this as an undervote.

(3) Consistent with 13-10-211, MCA, votes for undeclared write-in candidates may be counted if:

(a) an election is held;

(b) a person's name is written in on the ballot;

(c) the person is qualified for and seeks election to the office for which the person's name was written in; and

(d) no other candidate has filed a declaration or petition for nomination or adeclaration of intent.