reglab/housing_qa huggingface dataset:
MT Code § 13-15-102 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 15. Canvassing, Returns, and Certificates|Part 1. General Provisions|13-15-102. Defect in form of returns to be disregarded

  13-15-102. Defect in form of returns to be disregarded. No declaration of an election result, commission, or certificate shall be withheld because of a defect or informality in the returns of any election if it can be determined with reasonable certainty the office intended and the person elected.   History: En. Sec. 189, Ch. 368, L. 1969; R.C.M. 1947, 23-4019.
MT Code § 13-15-103 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 15. Canvassing, Returns, and Certificates|Part 1. General Provisions|13-15-103. Renumbered 13-15-207

  13-15-103. Renumbered 13-15-207. Code Commissioner, 2003.
MT Code § 13-15-104 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 15. Canvassing, Returns, and Certificates|Part 1. General Provisions|13-15-104. Absentee ballot counting board

  13-15-104. Absentee ballot counting board. (1) The election administrator shall:   (a) give special instructions to any absentee ballot counting board appointed under 13-15-112 on the proper procedures for counting the absentee ballots; and   (b) provide the forms and supplies necessary for the board to perform its duties.   (2) The absentee ballot counting board shall:   (a) be in a room separate from where ballots are being cast;   (b) at any time prior to the closing of the polls but no sooner than 1 day before election day, start the count of the absentee votes cast; and   (c) follow the procedures outlined in 13-13-241 and 13-15-207 for the counting of the votes cast.   (3) An election judge or other individual having access to any results of early counting is subject to 13-35-241.   (4) The absentee ballot counting board shall take the oath and sign the affirmation specified in 13-15-207(4).   History: En. Sec. 5, Ch. 120, L. 1983; amd. Sec. 14, Ch. 298, L. 1987; amd. Sec. 53, Ch. 414, L. 2003; amd. Sec. 4, Ch. 229, L. 2019.
MT Code § 13-15-105 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 15. Canvassing, Returns, and Certificates|Part 1. General Provisions|13-15-105. Notices relating to absentee ballot counting board

  13-15-105. Notices relating to absentee ballot counting board. (1) Not more than 10 days or less than 2 days before an election, the election administrator shall broadcast on radio or television, as provided in 2-3-105 through 2-3-107, or publish in a newspaper of general circulation in the county a notice indicating the method that will be used for counting absentee ballots and the place and time that the absentee ballots will be counted.   (2) If the count will begin before the polls close, the notice required under subsection (1) must inform the public that any person observing the procedures of the count is required to take the oath provided in 13-15-207(4) and is subject to 13-35-241.   History: En. Sec. 6, Ch. 120, L. 1983; amd. Sec. 54, Ch. 414, L. 2003; amd. Sec. 16, Ch. 2, L. 2009; amd. Sec. 15, Ch. 368, L. 2017; amd. Sec. 5, Ch. 229, L. 2019.
MT Code § 13-15-106 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 15. Canvassing, Returns, and Certificates|Part 1. General Provisions|13-15-106. Counting of absentee ballot for deceased candidate

  13-15-106. Counting of absentee ballot for deceased candidate. (1) Except as provided in subsection (2) or (3), an absentee ballot voted for a candidate who dies after printing of the ballot but before the election must be counted for the deceased candidate.   (2) A vote for a deceased candidate for governor must be counted as a vote for the lieutenant governor candidate as governor and as a vote for the candidate chosen pursuant to 13-10-328 for lieutenant governor.   (3) A vote for a deceased candidate for lieutenant governor must be counted as a vote for the candidate chosen pursuant to 13-10-328 for lieutenant governor.   History: En. Sec. 5, Ch. 85, L. 1997; amd. Sec. 2, Ch. 217, L. 2009.
MT Code § 13-15-108 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 15. Canvassing, Returns, and Certificates|Part 1. General Provisions|13-15-108. Rejected ballots -- handling provided by rule

  13-15-108. Rejected ballots -- handling provided by rule. (1) All rejected absentee ballots, the absentee ballot applications, and all absentee ballot signature envelopes must be handled and marked as provided under rules adopted by the secretary of state.   (2) After being handled and marked as provided in this section, all rejected ballots must be placed in a package or container in which the voted ballots are to be placed and the package or container must be sealed, dated, and marked as provided under rules adopted by the secretary of state. After a package or container is sealed pursuant to this subsection (2), a package or container may not be opened without a court order.   History: En. Sec. 131, Ch. 368, L. 1969; amd. Sec. 5, Ch. 287, L. 1975; amd. Sec. 38, Ch. 365, L. 1977; R.C.M. 1947, 23-3713(7) thru (9); amd. Sec. 131, Ch. 571, L. 1979; Sec. 13-13-236, MCA 1979; redes. 13-13-243 by Code Commissioner, 1979; amd. Sec. 4, Ch. 120, L. 1983; amd. Sec. 14, Ch. 286, L. 2005; amd. Sec. 2, Ch. 359, L. 2005; Sec. 13-13-243, MCA 2003; redes. 13-15-108 by Sec. 20, Ch. 286, L. 2005; amd. Sec. 51, Ch. 242, L. 2011; amd. Sec. 45, Ch. 336, L. 2013.
MT Code § 13-15-109 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 15. Canvassing, Returns, and Certificates|Part 1. General Provisions|13-15-109. and 13-15-110 reserved

  13-15-109 and 13-15-110 reserved.
MT Code § 13-15-111 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 15. Canvassing, Returns, and Certificates|Part 1. General Provisions|13-15-111. Write-in elections -- general election

  13-15-111. Write-in elections -- general election. (1) An individual elected by having the individual's name written in at the general election and receiving the largest number of votes counted as provided in 13-15-206(5) shall:   (a) file with the secretary of state or election administrator, not later than 10 days after the official canvass, a written declaration indicating the individual's acceptance of the position for which elected;   (b) comply with the provisions of 13-37-225; and   (c) pay the required filing fee or, if indigent, comply with 13-10-203.   (2) If an individual fails to comply with the requirements in subsection (1), the individual may not assume the position for which elected.   History: En. Sec. 4, Ch. 298, L. 1987; amd. Sec. 14, Ch. 591, L. 1991; amd. Sec. 37, Ch. 475, L. 2003; amd. Sec. 16, Ch. 586, L. 2005.
MT Code § 13-15-112 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 15. Canvassing, Returns, and Certificates|Part 1. General Provisions|13-15-112. Appointment of counting boards

  13-15-112. Appointment of counting boards. To count votes in any election under this title, when election judges are appointed under 13-4-101, each county's governing body shall designate one or more groups of three of the election judges to act as counting boards. The governing body may also designate one or more groups of three of the election judges to act as absentee ballot counting boards under 13-15-104.   History: En. Sec. 1, Ch. 414, L. 2003; amd. Sec. 52, Ch. 242, L. 2011.
MT Code § 13-15-201 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 15. Canvassing, Returns, and Certificates|Part 2. Vote Count Procedures|13-15-201. Preparation for count -- absentee ballot count procedures

  13-15-201. Preparation for count -- absentee ballot count procedures. (1) Subject to 13-10-311, to prepare for a count of ballots, the counting board or, if appointed, the absentee counting board shall take ballots out of the box to determine whether each ballot is single.   (2) The board shall count all ballots to ensure that the total number of ballots corresponds with the total number of names in the pollbook.   (3) If the board cannot reconcile the total number of ballots with the pollbook, the board shall submit to the election administrator a written report stating how many ballots were missing or in excess and any reason of which they are aware for the discrepancy. Each judge on the board shall sign the report.   (4) A ballot that is not marked as official is void and may not be counted unless all judges on the board agree that the marking is missing because of an error by election officials, in which case the ballot must be marked "unmarked by error" on the back and must be initialed by all judges.   (5) If two or more ballots are folded or stuck together to look like a single ballot, they must be laid aside until the count is complete. The counting board shall compare the count with the pollbooks, and if a majority believes that the ballots folded together were marked by one elector, the ballots must be rejected and handled as provided in 13-15-108, otherwise they must be counted.   (6) Only valid absentee ballots may be counted in an election conducted under this chapter.   (7) For the purpose of this chapter, a marked absentee ballot is valid only if:   (a) the elector's signature on the affirmation on the signature envelope is verified pursuant to 13-13-241; and   (b) it is received before 8 p.m. on election day, except as provided in 13-21-206 and 13-21-226.   (8) (a) A ballot is invalid if:   (i) problems with the ballot have not been resolved pursuant to 13-13-245;   (ii) any identifying marks are placed on the ballot by the elector, which must result in the immediate rejection of the ballot without notice to the elector; or   (iii) except as provided in subsection (8)(b), more than one ballot is enclosed in a single signature or secrecy envelope.   (b) The provisions of subsection (8)(a)(iii) do not apply if:   (i) there are multiple elections being held at the same time and the envelope contains only one ballot for each election; or   (ii) the signature envelope contains ballots from the same household, each ballot is in its own secrecy envelope, and the signature envelope contains a valid signature for each elector who has returned a ballot.   History: En. Sec. 172, Ch. 368, L. 1969; R.C.M. 1947, 23-4002; amd. Sec. 152, Ch. 571, L. 1979; amd. Sec. 9, Ch. 242, L. 1997; amd. Sec. 55, Ch. 414, L. 2003; amd. Sec. 16, Ch. 286, L. 2005; amd. Sec. 23, Ch. 273, L. 2007; amd. Sec. 54, Ch. 56, L. 2009; amd. Sec. 8, Ch. 101, L. 2011; amd. Sec. 5, Ch. 139, L. 2013; amd. Sec. 46, Ch. 336, L. 2013.
MT Code § 13-15-202 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 15. Canvassing, Returns, and Certificates|Part 2. Vote Count Procedures|13-15-202. Repealed

  13-15-202. Repealed. Sec. 91, Ch. 414, L. 2003.   History: En. Secs. 134, 173, Ch. 368, L. 1969; R.C.M. 1947, 23-3716(3), 23-4003; amd. Sec. 153, Ch. 571, L. 1979; amd. Sec. 4, Ch. 391, L. 1989; amd. Sec. 3, Ch. 143, L. 1995; amd. Sec. 2, Ch. 129, L. 1999; amd. Sec. 3, Ch. 15, L. 2001.
MT Code § 13-15-203 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 15. Canvassing, Returns, and Certificates|Part 2. Vote Count Procedures|13-15-203. Repealed

  13-15-203. Repealed. Sec. 19, Ch. 286, L. 2005.   History: En. Sec. 174, Ch. 368, L. 1969; R.C.M. 1947, 23-4004.
MT Code § 13-15-204 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 15. Canvassing, Returns, and Certificates|Part 2. Vote Count Procedures|13-15-204. Signing and certifying pollbook

  13-15-204. Signing and certifying pollbook. Immediately after the votes are counted and the ballots sealed, the pollbook must be signed and certified to by the election judges in a form prescribed by the secretary of state.   History: En. Sec. 175, Ch. 368, L. 1969; R.C.M. 1947, 23-4005; amd. Sec. 154, Ch. 571, L. 1979; amd. Sec. 55, Ch. 56, L. 2009.
MT Code § 13-15-205 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 15. Canvassing, Returns, and Certificates|Part 2. Vote Count Procedures|13-15-205. Items to be delivered to election administrator by election judges -- disposition of other items

  13-15-205. Items to be delivered to election administrator by election judges -- disposition of other items. (1) Before they adjourn, the election judges shall enclose in a strong envelope or package, securely fastened:   (a) the precinct register;   (b) the list of individuals challenged;   (c) the pollbook;   (d) both of the tally sheets.   (2) The election judges shall enclose in a separate container, securely sealed, all unused ballots with the numbered stubs attached.   (3) The election judges shall enclose in a separate container, securely sealed, all ballots voted, including those not counted or allowed, and detached stubs from all counted or rejected absentee ballots. This envelope must be endorsed on the outside "ballots voted". At the primary election the unvoted party ballots must be enclosed in a separate container, securely sealed, and marked on the outside "unvoted ballots".   (4) Each election judge shall sign the judge's name across all seals.   (5) The return form provided for in 13-15-101 must be returned with the items provided for in this section but may not be sealed in any of the containers.   (6) The containers required by this section must be delivered to the election administrator by the chief election judge or another judge appointed by the chief judge in the manner ordered by the election administrator.   (7) The election administrator shall instruct the chief election judge in writing on the proper disposition of all other election materials and supplies.   History: En. Sec. 176, Ch. 368, L. 1969; R.C.M. 1947, 23-4006; amd. Sec. 155, Ch. 571, L. 1979; amd. Sec. 56, Ch. 56, L. 2009; amd. Sec. 53, Ch. 242, L. 2011; amd. Sec. 17, Ch. 368, L. 2017.
MT Code § 13-15-207 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 15. Canvassing, Returns, and Certificates|Part 2. Vote Count Procedures|13-15-207. Counting board procedures

  13-15-207. Counting board procedures. (1) After ballots have been prepared pursuant to 13-15-201, the election administrator may arrange for the vote count to begin no sooner than 1 day before election day, or immediately upon the closure of the polls, in the manner prescribed in this section.   (2) When a count is conducted after the polls have closed, the counting board shall:   (a) meet at a place designated by the election administrator;   (b) continue counting until the votes cast for all candidates and issues are counted; and   (c) count votes as prescribed in 13-15-206.   (3) When votes are counted prior to the close of the polls:   (a) the election administrator shall make provisions for the delivery of voted ballots to the counting center at any time prior to the closing of the polls;   (b) the board must be located in a room separate from the room where ballots are being cast;   (c) the ballots may be processed and counted as they are received;   (d) an election judge or other individual having access to early count results is subject to 13-35-241; and   (e) votes must be counted as prescribed in 13-15-206.   (4) (a) When votes are being counted prior to the close of the polls, in addition to the official oath taken and subscribed to by the election judges, the members of the counting board and observers shall complete and sign the following affirmation: "I, _____, will not discuss the results of the early counting of votes at any time prior to the closing of the polls on election day."   (b) The election administrator or chief election judge shall witness and sign the affirmation in subsection (4)(a).   History: En. Sec. 150, Ch. 571, L. 1979; amd. Sec. 52, Ch. 414, L. 2003; Sec. 13-15-103, MCA 2001; redes. 13-15-207 by Code Commissioner, 2003; amd. Sec. 6, Ch. 229, L. 2019.
MT Code § 13-15-208 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 15. Canvassing, Returns, and Certificates|Part 2. Vote Count Procedures|13-15-208. Determining total vote cast for all candidates for an office

  13-15-208. Determining total vote cast for all candidates for an office. When an elector may vote for two or more candidates for the same office, the total vote cast for all candidates for the office is the total vote cast for all candidates divided by the number of candidates officially declared nominated or elected as shown by the official returns.   History: En. Sec. 202, Ch. 368, L. 1969; R.C.M. 1947, 23-4113; Sec. 13-16-202, MCA 2001; redes. 13-15-208 by Code Commissioner, 2003.
MT Code § 13-15-209 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 15. Canvassing, Returns, and Certificates|Part 2. Vote Count Procedures|13-15-209. Handling voting system error during count

  13-15-209. Handling voting system error during count. (1) During a count in which votes are being counted by a voting system, if the election administrator or counting board has reason to believe that the voting system is not operating correctly, the count must be halted and the system must be tested in accordance with rules adopted by the secretary of state pursuant to 13-17-211.   (2) If the test does not show any errors, the count must proceed using the voting system.   (3) If the test shows errors and the errors cannot be corrected or if a majority of the counting board agrees that the system may not be functioning correctly, votes must be counted manually in accordance with 13-15-206(2).   History: En. Sec. 1, Ch. 586, L. 2005; amd. Sec. 25, Ch. 273, L. 2007.
MT Code § 13-15-301 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 15. Canvassing, Returns, and Certificates|Part 3. Registrar's Duties|13-15-301. Disposition of items by election administrator

  13-15-301. Disposition of items by election administrator. (1) The election administrator shall file the envelopes or packages containing the precinct registers, pollbooks, tally sheets, certificates of registration, and oaths of election officers. Except as provided in subsection (2), the election administrator shall keep them unopened until the county board of canvassers meets to canvass the returns. The board shall open the envelopes or packages.   (2) The election administrator may open a package containing a precinct register to resolve questions concerning provisional ballots.   (3) Immediately after the returns are canvassed, the election administrator shall file the pollbooks, election records, and papers delivered to the board of canvassers with the unopened packages of ballots and ballot stubs.   History: En. Sec. 177, Ch. 368, L. 1969; amd. Sec. 1, Ch. 100, L. 1974; R.C.M. 1947, 23-4007; amd. Sec. 156, Ch. 571, L. 1979; amd. Sec. 26, Ch. 273, L. 2007.
MT Code § 13-15-302 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 15. Canvassing, Returns, and Certificates|Part 3. Registrar's Duties|13-15-302. Repealed

  13-15-302. Repealed. Sec. 407, Ch. 571, L. 1979.   History: En. Sec. 178, Ch. 368, L. 1969; R.C.M. 1947, 23-4008.
MT Code § 13-15-401 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 15. Canvassing, Returns, and Certificates|Part 4. County Canvass|13-15-401. Governing body as board of county canvassers

  13-15-401. Governing body as board of county canvassers. (1) The governing body of a county or consolidated local government is ex officio a board of county canvassers and shall meet as the board of county canvassers at the usual meeting place of the governing body at a time determined by the board and within 14 days after each election to complete the canvass of returns.  (2) If one or more of the members of the governing body cannot attend the meeting, the member's place must be filled by one or more county officers chosen by the remaining members of the governing body so that the board of county canvassers' membership equals the membership of the governing body.   (3) The governing body of any political subdivision in the county that participated in the election may join with the governing body of the county or consolidated local government in canvassing the votes cast at the election.   (4) The election administrator is secretary of the board of county canvassers and shall keep minutes of the meeting of the board and file them in the official records of the administrator's office.   History: En. Sec. 179, Ch. 368, L. 1969; R.C.M. 1947, 23-4009; amd. Sec. 157, Ch. 571, L. 1979; amd. Sec. 1, Ch. 118, L. 1995; amd. Sec. 14, Ch. 7, L. 2001; amd. Sec. 38, Ch. 475, L. 2003; amd. Sec. 12, Ch. 89, L. 2009; amd. Sec. 48, Ch. 336, L. 2013; amd. Sec. 3, Ch. 531, L. 2021.
MT Code § 13-15-402 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 15. Canvassing, Returns, and Certificates|Part 4. County Canvass|13-15-402. Canvass of votes by board -- procedures if all returns not received by time of canvass

  13-15-402. Canvass of votes by board -- procedures if all returns not received by time of canvass. (1) If all returns are in at the time of the meeting, the board of county canvassers shall immediately canvass the returns.   (2) If all returns are not received, the board shall postpone the canvass from day to day until all returns are received.   (3) If it appears to the board that the polls were not open in a precinct, the board shall certify this to the election administrator. The election administrator shall enter the certification in the minutes and in the record required by 13-15-404.   History: En. Sec. 180, Ch. 368, L. 1969; R.C.M. 1947, 23-4010; amd. Sec. 158, Ch. 571, L. 1979; amd. Sec. 39, Ch. 475, L. 2003; amd. Sec. 55, Ch. 242, L. 2011.
MT Code § 13-15-403 (2021)
2021 Montana Code Annotated|Title 13. Elections|Chapter 15. Canvassing, Returns, and Certificates|Part 4. County Canvass|13-15-403. Canvass to be public -- nonessentials to be disregarded -- petition for recount

  13-15-403. Canvass to be public -- nonessentials to be disregarded -- petition for recount. (1) The canvass must be public. It must proceed by opening the returns, auditing the tally books or other records of votes cast, determining the vote for each individual and for and against each ballot issue from each precinct, compiling totals, and declaring or certifying the results.   (2) The board shall record all write-in votes shown in the returns from each precinct.   (3) The returns may not be rejected because of failure to show who administered the oath to the election judges, failure to complete all the certificates in a pollbook, or failure of any other act making up the returns that is not essential to determine for whom the votes were cast.   (4) If during a canvass the board finds an error in a precinct or precincts affecting the accuracy of vote totals, the board immediately may petition for a recount of the votes cast in the precinct or precincts, as provided in 13-16-201, or for an inspection of ballots, as provided in 13-16-420.   History: En. Sec. 181, Ch. 368, L. 1969; amd. Sec. 44, Ch. 365, L. 1977; R.C.M. 1947, 23-4011; amd. Sec. 159, Ch. 571, L. 1979; amd. Sec. 1, Ch. 19, L. 1987; amd. Sec. 15, Ch. 591, L. 1991; amd. Sec. 57, Ch. 56, L. 2009.