When a vote is not recorded on a voting machine for an elector who registers to vote on a referendum proposal, and there is no evidence that the absence of a recorded vote for the elector is the result of a machine malfunction, the elector should not be counted among the
total of votes cast from which the majority necessary for passage of the proposal is calculated. (Issued to William Winch, July 21, 1977)

This opinion was reviewed by the Government Accountability Board pursuant to 2007 Wisconsin Act 1 and was reaffirmed on October 6, 2008.