If an optical scan ballot is used, the person in charge of the election must: (1) Provide a black ink pen for each in-person voter to mark the voter's choice on the ballot; and (2) Provide instructions to each voter who applies to vote by absentee ballot that the voter use a black ink pen to mark the voter's choice on the ballot. The person in charge of the election may not disqualify any ballot marked by a writing instrument other than a black ink pen.
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