115.439.  Procedure for voting paper ballot — rulemaking authority. — 1.  If paper ballots are used, the voter shall, immediately upon receiving his ballot, go alone to a voting booth and vote his ballot in the following manner:

  (1)  When a voter desires to vote for a candidate, the voter shall place a distinguishing mark immediately beside the name of the candidate for which the voter intends to vote;

  (2)  If a write-in line appears on the ballot, the voter may write the name of the person for whom he or she wishes to vote on the line and place a distinguishing mark immediately beside the name;

  (3)  If the ballot is one which contains no candidates, the voter shall place a distinguishing mark directly to the left of each "YES" or "NO" he desires to vote.  

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No voter shall vote for the same person more than once for the same office at the same election.

  2.  If the voter accidentally spoils his ballot or ballot card or makes an error, he may return it to an election judge and receive another.  The election judge shall mark "SPOILED" across the ballot or ballot card and place it in an envelope marked "SPOILED BALLOTS".  After another ballot has been prepared in the manner provided in section 115.433, the ballot shall be given to the voter for voting.

  3.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2002, shall be invalid and void.