1. A "mark on a ballot of a type or in a place not specifically permitted by [the Election Code], which indicates the apparent intent of the voter to make his ballot distinguishable." Me. Rev. Stat. §21-A-1(13). A "mark or feature making the ballot susceptible of identification." La. Rev. Stat. Ann. §18:1316. Use of distinguishing marks is not permitted since it raises coercion questions. "[I]f the district board canvassing the ballot or the county board, judge of the Superior Court or other judge or officer conducting a recount thereof, shall be satisfied that the placing of the marks to the right of the names was intended to identify or distinguish the ballot, the ballot shall be declared null and void." N.J. Stat. Ann §19:16-3(c). 2. A number printed to the left of a candidate's name on each ballot. Cal. Elec. Code §13118(b).
What is a distinguishing mark on a ballot?
A distinguishing mark is a mark or feature that could make a ballot identifiable as belonging to a particular voter, rather than simply recording a permitted vote. Election laws in some jurisdictions prohibit intentionally identifying marks because they can undermine ballot secrecy and create concerns about coercion, vote buying, or proving how someone voted.
Can a distinguishing mark make a ballot invalid?
A distinguishing mark can cause a ballot to be rejected in some jurisdictions when election officials determine that the mark was intentionally used to identify or distinguish the ballot. Not every stray, accidental, or unusual mark has that effect. The applicable voter-intent standards and election laws determine whether the ballot or a contest is counted.
Is a stray mark the same as a distinguishing mark?
Not necessarily. A stray mark is generally an unintended mark outside a designated voting target, while a distinguishing mark implies a feature that may identify the ballot or appears intended to make it recognizable. Election officials apply jurisdiction-specific rules to decide whether a mark affects voter intent, ballot secrecy, or the ballot’s validity.
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1. A "mark on a ballot of a type or in a place not specifically permitted by [the Election Code], which indicates the apparent intent of the voter to make his ballot distinguishable." Me. Rev. Stat. §21-A-1(13). A "mark or feature making the ballot susceptible of identification." La. Rev. Stat. Ann. §18:1316. Use of distinguishing marks is not permitted since it raises coercion questions. "[I]f the district board canvassing the ballot or the county board, judge of the Superior Court or other judge or officer conducting a recount thereof, shall be satisfied that the placing of the marks to the right of the names was intended to identify or distinguish the ballot, the ballot shall be declared null and void." N.J. Stat. Ann §19:16-3(c). 2. A number printed to the left of a candidate's name on each ballot. Cal. Elec. Code §13118(b).
Cite this term
Election Security Glossary. (2026). Distinguishing Mark. In Election Security Glossary. Retrieved August 20, 2026, from https://electionsecurityglossary.com/glossary/distinguishing-mark
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