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Link copiedBallot adjudication is the process election officials use when a ballot or contest cannot be confidently interpreted by a voting system. Officials apply written voter-intent rules to determine how the ballot should be counted.
Common reasons include marginal marks, overvotes, write-ins and damaged ballots. Adjudication does not give reviewers freedom to guess what a voter meant.
Why is ballot adjudication needed?
Voters do not always mark ballots exactly as scanners expect.
A voter may make a faint mark, circle a name, cross out one selection and mark another, or write in a candidate. If the scanner cannot confidently interpret the mark, the ballot can be flagged for review.
The key question is:
How should this ballot be counted under the jurisdiction's written voter-intent rules?
What kinds of ballots may be reviewed?
A marginal mark is a mark close to the threshold a scanner can reliably detect.
An overvote occurs when more choices are marked than allowed. If the voter appears to have corrected one selection, state rules determine whether a valid choice can still be identified.
An undervote occurs when fewer choices are selected than allowed. This is not automatically an error because voters can leave contests blank, though faint marks may sometimes require review.
Write-in votes can also require adjudication to determine what name was written and whether the candidate qualifies under state law.
What is a voter-intent standard?
A voter intent standard is a written rule explaining which ballot marks count.
The purpose is consistency. Reviewers should not treat similar ballots differently based on personal judgement.
The National Conference of State Legislatures (NCSL) shows that these rules vary by state. Some states allow broader consideration of voter intent, while others use stricter rules about valid marks.
State guidance may address crossed-out selections, circles, check marks, write-ins and apparent overvotes.
How does ballot adjudication work?
1. The ballot is flagged
A scanner, tabulation system or election worker identifies a ballot that needs additional review.
A flag does not mean the ballot is invalid.
2. Authorised officials review it
Election officials or an adjudication board review the physical ballot, a secure ballot image, or both.
Some jurisdictions require bipartisan or multiperson teams.
3. Voter-intent rules are applied
Reviewers compare the marks with the jurisdiction's written standards.
For example, if two selections are marked but one is clearly crossed out, the rules determine whether the remaining choice can be counted.
4. The decision is recorded
Electronic adjudication systems can update the interpretation associated with a ballot.
The EAC says adjudication activity can be captured in an audit trail, including who performed the review, when it occurred and what action was taken.
5. The ballot proceeds to tabulation
After the issue is resolved, the ballot continues through counting. The resulting cast vote record reflects the system's recorded interpretation.
Is adjudication the same as ballot duplication?
No.
A duplicate ballot is a replacement created when an original ballot cannot be scanned or processed correctly, for example because it is torn or damaged.
The distinction is:
Adjudication: What does this mark legally represent?
Duplication: How can those selections be transferred to a scannable ballot?
A ballot can require both processes.
Is adjudication the same as ballot curing?
No.
Ballot curing usually involves resolving an issue that affects whether a ballot can be accepted, such as a missing or mismatched mail-ballot signature.
Adjudication focuses on how marks on the ballot itself should be interpreted.
Curing → can the ballot be accepted?
Adjudication → how should the marks be counted?
Is adjudication the same as provisional-ballot review?
No.
A provisional ballot is held separately because voter eligibility or another voting requirement could not be resolved at check-in.
Provisional review asks whether the ballot is eligible to count.
Adjudication asks how the marks on an accepted ballot should be interpreted.
An accepted provisional ballot can still require adjudication if its marks are unclear.
How is adjudication kept auditable?
Good adjudication procedures create a record of what happened.
EAC guidance recommends written voter-intent rules, individual credentials and system logs for electronic adjudication.
The physical ballot, preserved ballot image and audit log can provide evidence for canvassing, audits, recounts or other authorised review.
Do all states use the same adjudication rules?
No.
States and local jurisdictions can differ on:
- which marks trigger review;
- who performs adjudication;
- whether bipartisan teams are required;
- whether physical ballots or images are reviewed;
- how disagreements are resolved;
- what must be logged; and
- what election observers may see.
The applicable state law and election authority determine the final procedure.
Related ESG terms
- Adjudication
- Voter Intent Standard
- Marginal Mark
- Overvote
- Undervote
- Duplicate Ballot
- Ballot Image
- Cast Vote Record
- Audit Trail
- Provisional Ballot
Frequently asked questions
1. Can adjudicators choose who gets a vote?
No. Reviewers apply written state or jurisdiction rules to the marks made by the voter. Their role is to interpret the ballot consistently, not substitute their own preference.
2. Does every overvote go through adjudication?
Not necessarily. The voting system and state rules determine which conditions are flagged. Some apparent overvotes may be reviewed if the ballot also contains evidence of a correction.
3. Is a blank contest automatically adjudicated?
No. Voters can intentionally skip contests. Some systems may flag blank-looking contests to check whether a faint or unusual mark was missed.
4. Can ballot adjudication be observed?
Sometimes. Observation rights vary by state. Where observation is allowed, procedures must also protect ballot secrecy and avoid disrupting ballot processing.
Sources and further reading
- U.S. Election Assistance Commission — Guide to the Canvass
- U.S. Election Assistance Commission — Canvassing & Certifying an Election Quick Start Guide
- U.S. Election Assistance Commission — RFI 2023-01: Logging of Ballot Selections
- National Conference of State Legislatures — Voter Intent Laws
ESG editorial note: Election Security Glossary is an educational and reference resource. It is not an election authority and does not provide legal advice or official voting instructions. Ballot-adjudication standards and procedures vary by jurisdiction; consult the relevant election authority for rules that apply to a specific election.