Iowa Code

Iowa Code § 49.92 (2026)

Voting mark

✓ current as of July 2026

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The instructions appearing on the ballot shall describe the appropriate mark to be used by the voter. The mark shall be consistent with the requirements of the voting system in use in the precinct. The voting mark used on paper ballots may be a cross or check which shall be placed in the voting targets opposite the names of candidates. The fact that the voting mark is made by an instrument other than a black lead pencil shall not affect the validity of the ballot unless it appears that the color or nature of the mark is intended to identify the ballot contrary to the intent of section 39A.4, subsection 1. [C97, §1119, 1121; S13, §1119, 1121; C24, 27, 31, 35, 39, §809; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §49.92] 97 Acts, ch 170, §46 Referred to in §49.98

Notes of Decisions

Cited in 5 cases, 1962–2007 · leading case: Frakes v. Farragut Cmty. Sch. Dist., 121 N.W.2d 636 (Iowa 1963).

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Frakes v. Farragut Cmty. Sch. Dist., 121 N.W.2d 636 (Iowa 1963). · cites it 2× “' Section 49.92, Code of Iowa, provides that the voting mark shall be by a cross.”

Headington v. North Winneshiek Cmty. Sch. Dist., 117 N.W.2d 831 (Iowa 1962). “Code sections 49.92 and 49.98. Plaintiffs attack 45 affirmative ballots as improperly marked or bearing an identifying mark.”

Taylor v. Cent. City Cmty. Sch. Dist., 733 N.W.2d 655 (Iowa 2007). · cites it 9× “98 at the time of this election, 4 a ballot was required to “be re *660 jected if marked in any manner other than authorized in sections 49.92 to 49.97.” Id.; see Beck v.”

Raymond Taylor, Keith Comley, & Vivian Edgerton Vs. Cent. City Cmty. Sch. Dist. (Iowa 2007). · cites it 9× “98 at the time of this election,4 a ballot was required to “be rejected if marked in any manner other than authorized in sections 49.92 to 49.97.” Id.; see Beck v.”

Headington v. North Winneshiek Cmty. Sch. Dist., 117 N.W.2d 831 (Iowa 1962). “Code sections 49.92 and 49.98 *838 Plaintiffs attack 45 affirmative ballots as improperly marked or bearing an identifying mark.”

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