reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 2. Funding › 10-4-211. Provider or seller required to hold fee in trust for state -- penalty and interest

10-4-211. Provider or seller required to hold fee in trust for state -- penalty and interest.
(1) A provider or seller required to collect the fee imposed by 10-4-201 holds it in trust for the state of Montana and for the payment of the fees to the department of revenue in the manner and at the time provided by 10-4-204.
(2) (a) If a provider or seller required to collect the fee fails to remit any amount held in trust for the state of Montana or if a subscriber, as defined in 10-4-101(21)(a), fails to pay the fee on or before the last day of the month following the end of each calendar quarter, the department of revenue shall add to the amount of the delinquent fee, in addition to any other penalty provided by law, a penalty equal to 10% of the delinquent fee plus interest at the rate of 1% a month or fraction of a month computed on the amount of the delinquent fee plus any unpaid penalties and interest. Interest is computed from the date the fee is due until the date of payment.
(b) The department of revenue may waive the penalty if the provider or seller establishes that the failure to pay on time was due to reasonable cause and was not due to neglect.
(3) (a) When a deficiency is determined and the additional fee becomes final, the department of revenue shall mail a notice and demand for payment to the provider or seller. The fee is due and payable at the expiration of 10 days after the notice and demand were mailed. Interest on any deficiency assessment bears interest until paid, at the rate of 1% a month or fraction of a month, computed from the original due date of the return.
(b) If payment is not made within 10 days, the amount of the deficiency is considered delinquent. A 10% penalty must be added to the amount of the deficiency.
(4) The 10% penalty provided for in subsection (3)(b) may be waived by the department of revenue if the provider or seller establishes that the failure to pay the proper amount of fees was due to reasonable cause and was not due to neglect.
(5) The department of revenue may enforce collection by the issuance of a warrant for distraint for the collection of the delinquent amount and all penalties, interest, and collection charges accrued on the delinquent amount. The warrant is governed by the provisions of Title 15, chapter 1, part 7.
History: En. Sec. 14, Ch. 635, L. 1985; amd. Secs. 1, 19, Ch. 676, L. 1991; amd. Sec. 9, Ch. 435, L. 2021.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 2. Funding › 10-4-212. Provider or seller considered taxpayer under provisions for fee

10-4-212. Provider or seller considered taxpayer under provisions for fee.
Unless the context requires otherwise, the provisions of Title 15 referring to the audit and examination of reports and returns, determination of deficiency assessments, claims for refunds, penalties, interest, jeopardy assessments, warrants, conferences, appeals to the department of revenue, appeals to the Montana tax appeal board, and procedures relating to those provisions apply to this part as if the fee were a tax imposed upon or measured by net income. The provisions apply to the subscriber, as defined in 10-4-101(21)(a), liable for the fee and to the provider or seller required to collect the fee. Any amount collected and required to be remitted to the department of revenue is considered a tax upon the provider required to collect it, and that provider or seller is considered a taxpayer.
History: En. Sec. 15, Ch. 635, L. 1985; amd. Sec. 19, Ch. 10, L. 1993; amd. Sec. 5, Ch. 142, L. 2021; amd. Sec. 10, Ch. 435, L. 2021.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 2. Funding › 10-4-213. Collection of charge -- prepaid wireless services -- deduction

10-4-213. Collection of charge -- prepaid wireless services -- deduction.
(1) (a) Except as provided in subsections (1)(d) and (3), a seller shall collect the fee imposed pursuant to 10-4-201(1)(c) from the subscriber for each transaction occurring in Montana.
(b) The fee imposed pursuant to 10-4-201(1)(c) must be stated separately on an invoice, receipt, or other similar document provided to the subscriber by the seller or otherwise disclosed to the subscriber.
(c) A transaction is considered to have occurred in Montana if:
(i) the sale to the subscriber occurs at a business located in Montana;
(ii) the prepaid wireless service is delivered to the subscriber at a Montana address provided to the seller;
(iii) the seller's records that are maintained in the ordinary course of business indicate that the subscriber's address is in Montana, and the records are not made or kept in bad faith;
(iv) the subscriber gives a Montana address during the consummation of the transaction, including the subscriber's payment instrument, if no other address is available, and the address is not given in bad faith; or
(v) the subscriber's mobile telephone number is associated with a location in Montana.
(d) If the amount of a prepaid wireless service is denominated as 10 minutes or less or as $5 or less, a seller is not required to collect the fee imposed pursuant to 10-4-201(1)(c).
(2) (a) A seller may deduct and retain the entirety of the first quarter's fees of 2022.
(b) Beginning in the second quarter of 2022, a seller may deduct and retain 2% of the fee for each transaction collected in accordance with 10-4-201(1)(c).
(3) A business entity may collect and remit the fee in accordance with this chapter for each seller directly or indirectly owned or operated by that business entity.
History: En. Sec. 1, Ch. 435, L. 2021.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 2. Funding › 10-4-214. Prepaid wireless services -- liability

10-4-214. Prepaid wireless services -- liability.
(1) The prepaid wireless 9-1-1 fee collected pursuant to 10-4-201(1)(c) is the liability of the consumer and not of the seller, except that the seller is liable to remit the prepaid wireless 9-1-1 fee that the seller collects from consumers to the department of revenue in accordance with this chapter, including all fees that the seller collects when the amount of the fee is not separately stated on an invoice, receipt, or other similar document provided to the consumer by the seller in accordance with 10-4-213(1)(b).
(2) (a) A seller is not liable for damages to a person resulting from or incurred in connection with the provision of or failure to provide 9-1-1 or enhanced 9-1-1 service or for identifying or failing to identify the telephone number, address, location, or name associated with a person or device accessing or attempting to access 9-1-1 or enhanced 9-1-1 service.
(b) A seller is not liable for damages to a person resulting from or incurred in connection with the provision of any lawful assistance to any local government, state, or federal investigative or law enforcement officer in connection with any lawful investigation or other law enforcement activity by the local government, state, or federal investigative or law enforcement officer.
(3) The prepaid wireless 9-1-1 fee collected pursuant to 10-4-201(1)(c) is the only 9-1-1 funding obligation imposed on prepaid wireless services in Montana, and no tax, fee, surcharge, or other charge may be imposed for 9-1-1 funding purposes with respect to the sale, purchase, use, or provision of prepaid wireless services.
History: En. Sec. 2, Ch. 435, L. 2021.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 3. Emergency Telephone System Account -- Usage › 10-4-301. Repealed

10-4-301. Repealed.
Secs. 25, 31, Ch. 367, L. 2017.
History: En. Sec. 16, Ch. 635, L. 1985; amd. Sec. 2, Ch. 628, L. 1989; amd. Sec. 47, Ch. 42, L. 1997; amd. Sec. 5, Ch. 422, L. 1997; amd. Sec. 11, Ch. 448, L. 1997; amd. Sec. 5, Ch. 389, L. 1999; amd. Sec. 1, Ch. 41, L. 2001; amd. Sec. 6, Ch. 304, L. 2007; amd. Sec. 1, Ch. 110, L. 2009; amd. Sec. 20, Ch. 367, L. 2017; amd. Sec. 9, Ch. 430, L. 2017.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 3. Emergency Telephone System Account -- Usage › 10-4-302. Repealed

10-4-302. Repealed.
Secs. 25, 31, Ch. 367, L. 2017.
History: En. Sec. 17, Ch. 635, L. 1985; amd. Sec. 1, Ch. 153, L. 1991; amd. Sec. 6, Ch. 422, L. 1997; amd. Sec. 12, Ch. 448, L. 1997; amd. Sec. 2, Ch. 111, L. 2009; amd. Sec. 21, Ch. 367, L. 2017.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 3. Emergency Telephone System Account -- Usage › 10-4-303. Repealed

10-4-303. Repealed.
Secs. 25, 31, Ch. 367, L. 2017.
History: En. Sec. 18, Ch. 635, L. 1985; amd. Sec. 13, Ch. 448, L. 1997.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 3. Emergency Telephone System Account -- Usage › 10-4-305. Distribution of 9-1-1 systems account by department

10-4-305. Distribution of 9-1-1 systems account by department.
(1) Beginning July 1, 2018, and for each quarter after that until the first quarter of the 2023 fiscal year, the department shall distribute the total quarterly balance of the account provided for in 10-4-304(2)(a) as follows:
(a) each local and tribal government entity that hosts a public safety answering point must receive an allocation of the total quarterly balance of the account equal in proportion to the quarterly share received by the local and tribal government entity that hosts the public safety answering point during the 2017 fiscal year;
(b) each local and tribal government entity that hosts a public safety answering point must receive an allocation in accordance with subsection (1)(a). The allocation may vary from the amount distributed during the 2017 fiscal year based on the amount collected by the department of revenue in accordance with 10-4-201(1)(a) and(1)(c).
(2) Beginning July 1, 2022, and in accordance with subsection (3), the department shall allocate and distribute the total quarterly balance of the account provided for in 10-4-304(2)(a) based on rules adopted by the department in accordance with 10-4-108(3).
(3) Within 1 year after the official final decennial census figures are available, the department shall update the rules establishing the quarterly allocation and distribution provided for in subsection (2) and allocate and distribute the quarterly balance for each quarter after that until the next update.
History: En. Sec. 7, Ch. 367, L. 2017; amd. Sec. 8, Ch. 172, L. 2019; amd. Sec. 11, Ch. 435, L. 2021.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 3. Emergency Telephone System Account -- Usage › 10-4-306. 9-1-1 grants

10-4-306. 9-1-1 grants.
(1) The department shall, in consultation with the 9-1-1 advisory council created pursuant to 10-4-105, award competitive grants annually using the account established pursuant to 10-4-304(2)(b) for private telecommunications providers and for local and tribal government entities that host public safety answering points. Beginning July 1, 2018, grants must be awarded to private telecommunications providers or to local or tribal government entities that host public safety answering points or to all in accordance with this section and with rules adopted by the department in accordance with 10-4-108.
(2) In accordance with subsection (3), grants may be awarded to private telecommunications providers and to local or tribal government entities that host public safety answering points for:
(a) emergency telecommunications systems plans;
(b) project feasibility studies or project plans;
(c) the implementation, operation, and maintenance of 9-1-1 systems, equipment, devices, and data; and
(d) the purchase of services that support 9-1-1 systems.
(3) In awarding grants, preference must be given to applications in the following order of priority:
(a) requests by private telecommunications providers or by local or tribal government entities that host public safety answering points by working with a private telecommunications provider; and
(b) requests by local or tribal government entities that host public safety answering points.
(4) Nothing in this section prevents a local or tribal government entity that hosts a public safety answering point in accordance with this section from:
(a) providing grant money received by the local or tribal government entity to a private telecommunications provider for 9-1-1 purposes; or
(b) collaborating with another local or tribal government entity on a joint grant application.
History: En. Sec. 8, Ch. 367, L. 2017; amd. Sec. 9, Ch. 172, L. 2019; amd. Sec. 1, Ch. 39, L. 2021.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 3. Emergency Telephone System Account -- Usage › 10-4-307. Repealed

10-4-307. Repealed.
Sec. 15, Ch. 172, L. 2019.
History: En. Sec. 9, Ch. 367, L. 2017.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 3. Emergency Telephone System Account -- Usage › 10-4-308. Terminated

10-4-308. Terminated.
Secs. 14, 18, Ch. 172, L. 2019.
History: En. Sec. 10, Ch. 367, L. 2017; amd. Sec. 10, Ch. 172, L. 2019.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 3. Emergency Telephone System Account -- Usage › 10-4-309. Terminated

10-4-309. Terminated.
Secs. 14, 18, Ch. 172, L. 2019.
History: En. Sec. 11, Ch. 367, L. 2017; amd. Sec. 11, Ch. 172, L. 2019.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 3. Emergency Telephone System Account -- Usage › 10-4-310. 9-1-1 GIS mapping account created -- source of funding -- use of account

10-4-310. (Temporary) 9-1-1 GIS mapping account created -- source of funding -- use of account.
(1) There is an account in the state special revenue fund to be known as the 9-1-1 GIS mapping fund.
(2) There must be deposited in the account:
(a) money received from legislative allocations and from transfers made in accordance with 10-4-304(5); and
(b) any gift, donation, grant, legacy, bequest, or devise made for the purposes of subsection (3).
(3) The account may be used only by the state library provided for in 22-1-102 in carrying out its coordination and management responsibilities to collect, maintain, and disseminate GIS land information in the state as it pertains to supporting public safety answering points on the ongoing assessment and improvement of next-generation 9-1-1 GIS data sets.
(4) Before September 1 of each even-numbered year, the state library shall produce a report summarizing the status of GIS readiness in Montana as it pertains to next-generation 9-1-1 GIS, including policy and funding recommendations necessary to advance next-generation 9-1-1 systems. The state library shall provide the report in accordance with 5-11-210 to the energy and telecommunications interim committee provided for in 5-5-230.
(5) Funds in the account are statutorily appropriated to the state library as provided in 17-7-502.
(6) At the end of fiscal year 2031, any unexpended balance in the account must be transferred to the account established in accordance with 10-4-304(1). (Terminates July 1, 2031--sec. 8, Ch. 200, L. 2021.)
History: En. Sec. 3, Ch. 200, L. 2021.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 3. Emergency Telephone System Account -- Usage › 10-4-311. Repealed

10-4-311. Repealed.
Secs. 25, 31, Ch. 367, L. 2017.
History: En. Sec. 14, Ch. 448, L. 1997; amd. Sec. 6, Ch. 389, L. 1999; amd. Sec. 4, Ch. 19, L. 2011.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 3. Emergency Telephone System Account -- Usage › 10-4-312. Repealed

10-4-312. Repealed.
Secs. 25, 31, Ch. 367, L. 2017.
History: En. Sec. 15, Ch. 448, L. 1997.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 3. Emergency Telephone System Account -- Usage › 10-4-313. Repealed

10-4-313. Repealed.
Secs. 25, 31, Ch. 367, L. 2017.
History: En. Sec. 7, Ch. 304, L. 2007; amd. Sec. 3, Ch. 111, L. 2009; amd. Sec. 1, Ch. 2, L. 2011; amd. Sec. 5, Ch. 19, L. 2011; amd. Sec. 2, Ch. 316, L. 2013; amd. Sec. 1, Ch. 35, L. 2015; amd. Sec. 22, Ch. 367, L. 2017.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 3. Emergency Telephone System Account -- Usage › 10-4-314. Terminated

10-4-314. Terminated.
Secs. 14, 18, Ch. 172, L. 2019.
History: En. Sec. 12, Ch. 367, L. 2017; amd. Sec. 12, Ch. 172, L. 2019.
2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 4. State Emergency Telephone System › Part 3. Emergency Telephone System Account -- Usage › 10-4-315. Terminated

10-4-315. Terminated.
Secs. 14, 18, Ch. 172, L. 2019.
History: En. Sec. 13, Ch. 367, L. 2017; amd. Sec. 13, Ch. 172, L. 2019.
2023 Montana Code Annotated › Title 13. Elections › Chapter 1. General Provisions › Part 1. General Provisions › 13-1-102. Elections by secret ballot

13-1-102. Elections by secret ballot.
All elections shall be by secret ballot.
History: En. Sec. 2, Ch. 368, L. 1969; amd. Sec. 1, Ch. 8, L. 1973; R.C.M. 1947, 23-2602.
2023 Montana Code Annotated › Title 13. Elections › Chapter 1. General Provisions › Part 1. General Provisions › 13-1-103. Determination of winner

13-1-103. Determination of winner.
The individual receiving the highest number of valid votes for any office at an election is elected or nominated to that office.
History: En. Sec. 3, Ch. 368, L. 1969; R.C.M. 1947, 23-2603; amd. Sec. 2, Ch. 571, L. 1979; amd. Sec. 6, Ch. 414, L. 2003.
2023 Montana Code Annotated › Title 13. Elections › Chapter 1. General Provisions › Part 1. General Provisions › 13-1-104. Times for holding general elections

13-1-104. Times for holding general elections.
(1) A general election must be held throughout the state on the first Tuesday after the first Monday in November.
(2) In every even-numbered year, the following elections must be held on general election day:
(a) an election on any ballot issue submitted to electors pursuant to Article III, section 6, unless the legislature orders a special election, or Article XIV, section 8, of the Montana constitution;
(b) an election of federal officers, members of the legislature, state officers, multicounty district officers elected at a statewide election, district court judges, and county officers; and
(c) any other election required by law to be held on general election day in an even-numbered year.
(3) In every odd-numbered year, the following elections must be held on the same day as the general election:
(a) an election of officers for municipalities required by law to hold the election; and
(b) any other election required by law to be held on general election day in an odd-numbered year.
History: En. Sec. 4, Ch. 368, L. 1969; R.C.M. 1947, 23-2604; amd. Sec. 4, Ch. 571, L. 1979; amd. Sec. 5, Ch. 27, L. 1981; amd. Sec. 2, Ch. 603, L. 1983; amd. Sec. 2, Ch. 216, L. 1987; amd. Sec. 1, Ch. 644, L. 1987; amd. Sec. 1, Ch. 514, L. 1999; amd. Sec. 2, Ch. 475, L. 2003; amd. Sec. 166, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 13. Elections › Chapter 1. General Provisions › Part 1. General Provisions › 13-1-105. Repealed

13-1-105. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 56, Ch. 368, L. 1969; R.C.M. 1947, 23-3301.
2023 Montana Code Annotated › Title 13. Elections › Chapter 1. General Provisions › Part 1. General Provisions › 13-1-106. Time of opening and closing of polls for all elections -- exceptions

13-1-106. Time of opening and closing of polls for all elections -- exceptions.
(1) Except as provided in subsections (2)(a) and (3), polling places must be open from 7 a.m. to 8 p.m.
(2) (a) A polling place having fewer than 400 registered electors who intend to vote at the polling place must be open from at least noon to 8 p.m. or until all registered electors in any precinct have voted, at which time that precinct in the polling place must be closed immediately.
(b) The determination of whether a polling place has fewer than 400 registered electors who intend to vote at the polling place is calculated by subtracting the number of registered electors who have applied to vote using an absentee ballot from the total number of registered electors.
(c) The election administrator responsible for a polling place opening later than 7 a.m. pursuant to this subsection (2) shall provide notice of the change in polling place hours to affected registered electors who have not received an absentee ballot. The notice must be mailed to each affected registered voter no later than 30 days prior to the election. However, if the polling place opens at the same time in each subsequent election, only one notice mailed before the initial election affected by the change in polling place hours is required.
(3) If an election is held on the same day as a school election and is conducted in the same polling place, the polling place must be opened and closed at the times set for the school election, as provided in 20-20-106.
(4) If a polling place serves a precinct that lies partially or wholly within the boundaries of an Indian reservation, the hours of operation may not be shortened pursuant to subsection (2) until after the county governing body consults with the governing body of the Indian reservation concerning the potential change in hours of operation.
History: En. Sec. 5, Ch. 368, L. 1969; amd. Sec. 4, Ch. 365, L. 1977; R.C.M. 1947, 23-2605; amd. Sec. 5, Ch. 571, L. 1979; amd. Sec. 1, Ch. 676, L. 1983; amd. Sec. 1, Ch. 57, L. 1985; amd. Sec. 1, Ch. 360, L. 2007; amd. Sec. 2, Ch. 242, L. 2011; amd. Sec. 167, Ch. 49, L. 2015; amd. Sec. 1, Ch. 274, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 1. General Provisions › Part 1. General Provisions › 13-1-107. Times for holding primary elections -- cost of municipal election

13-1-107. Times for holding primary elections -- cost of municipal election.
(1) On the first Tuesday after the first Monday in June preceding a general election held in an even-numbered year, a primary election must be held throughout the state.
(2) On the Tuesday following the second Monday in September preceding a general election held in an odd-numbered year, a primary election, if required, must be held throughout the state.
(3) The cost of a municipal election must be paid by the municipality.
History: En. Sec. 3, Ch. 571, L. 1979; amd. Sec. 3, Ch. 216, L. 1987; amd. Sec. 168, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 13. Elections › Chapter 1. General Provisions › Part 1. General Provisions › 13-1-108. Notice of political subdivision elections

13-1-108. Notice of political subdivision elections.
(1) Except as otherwise provided in this section, an election administrator conducting a political subdivision election shall give notice of the election at least three times no earlier than 40 days and no later than 10 days before the election. The notice must be published in a newspaper of general circulation in the jurisdiction where the election will be held or by broadcasting the notice on radio or television as provided in 2-3-105 through 2-3-107. The notice must be given using the method the election administrator believes is best suited to reach the largest number of potential electors. The provisions of this subsection are fulfilled upon the third publication or broadcast of the notice.
(2) If the newspaper of general circulation within a political subdivision is a weekly newspaper, the notice may be published only two times and the notice requirements are fulfilled upon the second publication of the notice.
(3) With respect to an election on the creation or dissolution of a special purpose district or the alteration of a special purpose district's boundaries, the notice must include a specific description of the proposed boundaries or the proposed change to the boundaries.
History: En. Sec. 6, Ch. 571, L. 1979; amd. Sec. 2, Ch. 273, L. 2007; amd. Sec. 2, Ch. 297, L. 2009; amd. Sec. 3, Ch. 242, L. 2011; amd. Sec. 169, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 13. Elections › Chapter 1. General Provisions › Part 1. General Provisions › 13-1-109. Election records open to public

13-1-109. Election records open to public.
Unless specifically provided otherwise, all records pertaining to elector registration and elections are public records. They shall be open for inspection during regular office hours.
History: En. Sec. 15, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 1. General Provisions › Part 1. General Provisions › 13-1-111. Qualifications of voter

13-1-111. Qualifications of voter.
(1) A person may not vote at elections unless the person is:
(a) registered as required by law;
(b) 18 years of age or older;
(c) a resident of the state of Montana and of the county in which the person offers to vote for at least 30 days, except as provided in 13-2-514; and
(d) a citizen of the United States.
(2) A person convicted of a felony does not have the right to vote while the person is serving a sentence in a penal institution.
(3) A person adjudicated to be of unsound mind does not have the right to vote unless the person has been restored to capacity as provided by law.
History: En. Sec. 6, Ch. 368, L. 1969; amd. Sec. 1, Ch. 120, L. 1971; amd. Sec. 2, Ch. 158, L. 1971; amd. Sec. 1, Ch. 40, L. 1973; R.C.M. 1947, 23-2701; amd. Sec. 3, Ch. 273, L. 2007.
2023 Montana Code Annotated › Title 13. Elections › Chapter 1. General Provisions › Part 1. General Provisions › 13-1-112. Rules for determining residence

13-1-112. Rules for determining residence.
For registration, voting, or seeking election to the legislature, the residence of an individual must be determined by the following rules as far as they are applicable:
(1) The residence of an individual is where the individual's habitation is fixed and to which, whenever the individual is absent, the individual has the intention of returning.
(2) An individual may not gain or lose a residence while kept involuntarily at any public institution, not necessarily at public expense; as a result of being confined in any prison; or solely as a result of residing on a military reservation.
(3) (a) An individual in the armed forces of the United States may not become a resident solely as a result of being stationed at a military facility in the state.
(b) An individual may not acquire a residence solely as a result of being employed or stationed at a training or other transient camp maintained by the United States within the state.
(c) A member of a reserve component of the United States armed forces who is stationed outside of the state but who has no intent of changing residency retains resident status.
(4) An individual does not lose residence if the individual goes into another state or other district of this state for temporary purposes with the intention of returning, unless the individual exercises the election franchise in the other state or district.
(5) An individual may not gain a residence in a county if the individual comes in for temporary purposes without the intention of making that county the individual's home.
(6) If an individual moves to another state with the intention of making it the individual's residence, the individual loses residence in this state.
(7) The place where an individual's family resides is presumed to be that individual's place of residence. However, an individual who takes up or continues a residence at a place other than where the individual's family resides with the intention of remaining is a resident of the place where the individual resides.
(8) A change of residence may be made only by the act of removal joined with intent to remain in another place.
History: En. Sec. 41, Ch. 368, L. 1969; amd. Sec. 1, Ch. 394, L. 1971; amd. Sec. 1, Ch. 164, L. 1975; amd. Sec. 1, Ch. 177, L. 1975; R.C.M. 1947, 23-3022(part); amd. Sec. 7, Ch. 571, L. 1979; amd. Sec. 1, Ch. 74, L. 1993; amd. Sec. 15, Ch. 51, L. 1999; amd. Sec. 3, Ch. 271, L. 2003.
2023 Montana Code Annotated › Title 13. Elections › Chapter 1. General Provisions › Part 1. General Provisions › 13-1-113. Only one residence

13-1-113. Only one residence.
There may be only one residence for the purposes of this title.
History: En. Sec. 41, Ch. 368, L. 1969; amd. Sec. 1, Ch. 394, L. 1971; amd. Sec. 1, Ch. 164, L. 1975; amd. Sec. 1, Ch. 177, L. 1975; R.C.M. 1947, 23-3022(part); amd. Sec. 8, Ch. 571, L. 1979; amd. Sec. 3, Ch. 297, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 1. General Provisions › Part 1. General Provisions › 13-1-114. Computation of elector's age and term of residence

13-1-114. Computation of elector's age and term of residence.
An elector's age and the term of an elector's residence must be computed by including the day of election.
History: En. Sec. 41, Ch. 368, L. 1969; amd. Sec. 1, Ch. 394, L. 1971; amd. Sec. 1, Ch. 164, L. 1975; amd. Sec. 1, Ch. 177, L. 1975; R.C.M. 1947, 23-3022(10); amd. Sec. 9, Ch. 571, L. 1979; amd. Sec. 30, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 1. General Provisions › Part 1. General Provisions › 13-1-115. Privilege from arrest

13-1-115. Privilege from arrest.
Electors may not be arrested during their attendance at elections and in going to and from voting places in polling place elections and to and from places of deposit in mail ballot elections, except in cases of treason, felony, or breach of the peace.
History: En. Sec. 10, Ch. 368, L. 1969; R.C.M. 1947, 23-2705; amd. Sec. 4, Ch. 297, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 1. General Provisions › Part 1. General Provisions › 13-1-116. Fingerprint, mark, or agent for disabled electors -- rulemaking

13-1-116. Fingerprint, mark, or agent for disabled electors -- rulemaking.
(1) Except as otherwise specified by law, the provisions of this section apply.
(2) Whenever a signature is required by an elector under a provision of this title and the elector is unable because of a disability to provide a signature, the elector may provide a fingerprint, subject to subsection (6), or an identifying mark or may request that an agent, election administrator, or election judge sign for the elector as provided in this section.
(3) If an elector is unable to provide a fingerprint or an identifying mark and the elector has not established an agent pursuant to subsection (4), the election administrator or an election judge may sign for the elector after reviewing and verifying the elector's identification.
(4) (a) An elector who is unable to provide a signature may apply to the election administrator to have another person designated as an agent for purposes of providing a signature or identifying mark required pursuant to this title and for providing any other assistance to the elector throughout the registration and voting process. The individual designated as an elector's agent may not be the elector's employer, an agent of the elector's employer, or an officer or agent of the elector's union. The use of an agent is a reasonable accommodation under the provisions of 49-2-101(19)(b).
(b) An application for designation of an agent by an elector under this section must be made on a form prescribed by the secretary of state. The secretary of state shall by rule establish the criteria that must be met and the process that must be followed in order for a person to become a designated agent for a disabled elector pursuant to this subsection (4).
(5) If an election administrator or election judge signs or marks a document for an elector pursuant to this section, the election administrator or election judge shall initial the signature or mark.
(6) A disabled elector may not be required to provide a fingerprint.
History: En. Sec. 1, Ch. 367, L. 2005; amd. Sec. 1, Ch. 236, L. 2015; amd. Sec. 2, Ch. 368, L. 2017; amd. Sec. 2, Ch. 61, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 1. General Provisions › Part 1. General Provisions › 13-1-122. Repealed

13-1-122. Repealed.
Sec. 33, Ch. 368, L. 2017.
History: En. Sec. 2, Ch. 36, L. 1973; R.C.M. 1947, 23-4802; amd. Sec. 10, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 1. General Provisions › Part 1. General Provisions › 13-1-125. Prohibition on ranked-choice voting methods -- definition

13-1-125. Prohibition on ranked-choice voting methods -- definition.
(1) An election conducted under Title 13 or under Title 20 may not use a ranked-choice voting method to determine the election or nomination of a candidate to a local, state, or federal office.
(2) For the purposes of this section, "ranked-choice voting method" means a voting method that allows voters to rank candidates for an office in order of preference and has ballots cast to be tabulated in multiple rounds following the elimination of a candidate until one candidate reaches a majority of the votes.
History: En. Sec. 1, Ch. 296, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 1. General Provisions › Part 2. Role of Secretary of State › 13-1-201. Chief election officer

13-1-201. Chief election officer.
The secretary of state is the chief election officer of this state, and it is the secretary of state's responsibility to obtain and maintain uniformity in the application, operation, and interpretation of the election laws other than those in Title 13, chapter 35, 36, or 37.
History: En. Sec. 11, Ch. 571, L. 1979; amd. Sec. 31, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 1. General Provisions › Part 2. Role of Secretary of State › 13-1-202. Forms and rules prescribed by secretary of state -- consultation

13-1-202. Forms and rules prescribed by secretary of state -- consultation.
(1) In carrying out the responsibilities under 13-1-201, the secretary of state shall prepare and deliver to the election administrators:
(a) written directives and instructions relating to and based on the election laws;
(b) sample copies of prescribed and suggested forms; and
(c) advisory opinions on the effect of election laws other than those laws in chapter 35, 36, or 37 of this title.
(2) The secretary of state may prescribe the design of any election form required by law. The secretary of state shall seek the advice of election administrators and printers in designing the required forms.
(3) Each election administrator shall comply with the directives and instructions and shall provide election forms prepared as prescribed.
(4) Each election administrator shall provide data to the secretary of state that the secretary of state determines is necessary to:
(a) evaluate voting system performance against the benchmark standard adopted pursuant to 13-17-103;
(b) evaluate the security, accuracy, and accessibility of elections; and
(c) assist the secretary of state in making recommendations to improve voter confidence in the integrity of the election process.
(5) The secretary of state shall regularly consult with and seek the advice of local election administrators in implementing the provisions of this section.
History: En. Sec. 12, Ch. 571, L. 1979; amd. Sec. 7, Ch. 414, L. 2003; amd. Sec. 8, Ch. 44, L. 2007; amd. Sec. 4, Ch. 273, L. 2007.
2023 Montana Code Annotated › Title 13. Elections › Chapter 1. General Provisions › Part 2. Role of Secretary of State › 13-1-203. Secretary of state to advise, assist, and train

13-1-203. Secretary of state to advise, assist, and train.
(1) The secretary of state shall advise and assist election administrators, including administrators of school elections under Title 20, chapter 20, with regard to:
(a) the application, operation, and interpretation of Title 13, except for chapter 35, 36, or 37;
(b) the implementation and operation of the National Voter Registration Act of 1993, Public Law 103-31, the Americans with Disabilities Act of 1990, 42 U.S.C. 12101, et seq., the Voting Rights Act of 1965, 52 U.S.C 10101, et seq., the Voting Accessibility for the Elderly and Handicapped Act of 1984, 52 U.S.C. 20101, et seq., and the Help America Vote Act of 2002, Public Law 107-252; and
(c) the procedures adopted pursuant to 13-17-211.
(2) The secretary of state shall prepare and distribute training materials for election judges to be trained pursuant to 13-4-203. Sufficient copies of the materials to supply all election judges in the county and to provide a small extra supply must be sent to each election administrator.
(3) (a) The secretary of state shall hold at least one training session every 2 years to instruct election administrators and their staffs on how to conduct and administer primary and general elections. The training must also include instruction on the use of the statewide voter registration system. The training may be held in various locations around the state. The training must also be offered online and through teleconferencing.
(b) Costs of the biennial training, including the materials, must be paid by the secretary of state.
(4) In addition to completing the biennial training under subsection (3), each election administrator shall complete 6 hours of election-related continuing education each year that is approved by the secretary of state. Costs for the continuing education must be paid by the counties.
(5) The secretary of state shall:
(a) certify for election administration purposes each election administrator who attends the biennial training and completes the required continuing education; and
(b) provide a certificate of completion to election staff who attend the biennial election training described in subsection (3).
(6) An election administrator may require that election staff complete the continuing education described in subsection (4) and provide a certificate of completion to staff who complete it.
History: En. Sec. 13, Ch. 571, L. 1979; amd. Sec. 32, Ch. 370, L. 1987; amd. Sec. 1, Ch. 4, Sp. L. November 1993; amd. Sec. 3, Ch. 246, L. 1997; amd. Sec. 8, Ch. 414, L. 2003; amd. Sec. 1, Ch. 209, L. 2015; amd. Sec. 3, Ch. 61, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 1. General Provisions › Part 2. Role of Secretary of State › 13-1-204. Election records to be kept by secretary of state

13-1-204. Election records to be kept by secretary of state.
(1) The secretary of state shall maintain current and accurate records including:
(a) a list of all precincts in each county;
(b) a map showing the boundaries of all precincts in each county;
(c) a count of the number of registered voters in each precinct for the latest general election;
(d) a list of legislative districts, judicial districts, and any multicounty election districts, showing the precinct numbers of each county contained in each district and the number of registered voters in each district for the most recent general election;
(e) a count of votes cast at the most recent general election by precinct and by legislative, judicial, and multicounty districts; and
(f) records required to be submitted from local election administrators and other agencies and coordinated by the secretary of state pursuant to the National Voter Registration Act of 1993, Public Law 103-31.
(2) Each election administrator shall provide the information and map for the record required in subsection (1) in the form and at the time prescribed by the secretary of state.
(3) The records required in subsection (1) and all records in the secretary of state's office pertaining to elections must be open for public inspection during normal office hours.
History: En. Sec. 18, Ch. 571, L. 1979; amd. Sec. 1, Ch. 70, L. 1983; amd. Sec. 4, Ch. 246, L. 1997.
2023 Montana Code Annotated › Title 13. Elections › Chapter 1. General Provisions › Part 2. Role of Secretary of State › 13-1-205. Statewide elections infrastructure -- rulemaking

13-1-205. Statewide elections infrastructure -- rulemaking.
(1) (a) On or before July 1, 2022, the secretary of state shall adopt rules defining and governing election security.
(b) The secretary of state and county election administrators shall annually assess their compliance with election security rules established in accordance with subsection (1)(a). County election administrators shall provide the results of the assessments to the secretary of state in January of each year to ensure that all aspects of elections in the state are secure. Security assessments are considered confidential information as defined in 2-6-1002.
(2) Beginning January 1, 2023, and each year after, the secretary of state shall provide an annual summary report on statewide election security. The report must be provided to the state administration and veterans' affairs interim committee in accordance with 5-11-210.
History: En. Sec. 1, Ch. 534, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 1. General Provisions › Part 2. Role of Secretary of State › 13-1-209. Special account for federal Help America Vote Act

13-1-209. Special account for federal Help America Vote Act.
(1) There is a federal special revenue account in the state treasury to the credit of the office of the secretary of state.
(2) Money provided to the state for the purposes of implementing provisions of Public Law 107-252, the Help America Vote Act of 2002, must be deposited in the account.
(3) Money in the account may be used only for the purposes specified by the federal law under which the money was provided.
(4) In accordance with 5-11-210 and by September 1 every year, the office of the secretary of state shall present a report to the state administration and veterans' affairs interim committee on how much money is received in the special account and how the funds are used.
History: En. Sec. 1, Ch. 218, L. 2003; amd. Sec. 1, Ch. 476, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 1. General Provisions › Part 2. Role of Secretary of State › 13-1-210. Standard application form for voter registration and absentee ballot requests

13-1-210. Standard application form for voter registration and absentee ballot requests.
(1) The secretary of state shall establish by rule a standard application form, to be used by each election administrator, that allows an individual to apply for voter registration and to request to be added to the absentee ballot list in order to receive ballots for subsequent elections.
(2) Pursuant to 13-13-212(3), the absentee ballot application portion of the standard form must include substantially the following language and option:
☐ Optional: I request an absentee ballot to be mailed to me for as long as I reside at the address listed for each subsequent election in which I am eligible to vote.
I understand that in order to continue to receive an absentee ballot, I must complete, sign, and return a confirmation form that will be mailed to me in January of every even-numbered year.
History: En. Sec. 1, Ch. 182, L. 2011; amd. Sec. 1, Ch. 255, L. 2013; amd. Sec. 3, Ch. 336, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 1. General Provisions › Part 3. Local Election Administration › 13-1-301. Election administrator

13-1-301. Election administrator.
(1) The county clerk and recorder of each county is the election administrator unless the governing body of the county designates another official or appoints an election administrator.
(2) The election administrator is responsible for the administration of all procedures relating to registration of electors and conduct of elections, shall keep all county records relating to elector registration and elections, and is the primary point of contact for the county with respect to the statewide voter registration list and implementation of other provisions of applicable federal law governing elections.
(3) The election administrator may appoint a deputy election administrator for each political subdivision required to hold elections.
History: En. Sec. 14, Ch. 571, L. 1979; amd. Sec. 6, Ch. 27, L. 1981; amd. Sec. 3, Ch. 475, L. 2003; amd. Sec. 170, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 13. Elections › Chapter 1. General Provisions › Part 3. Local Election Administration › 13-1-302. Election costs

13-1-302. Election costs.
(1) Unless specifically provided otherwise, all costs of the regularly scheduled primary and general elections shall be paid by the counties and other political subdivisions for which the elections are held. Each political subdivision shall bear its proportionate share of the costs as determined by the county governing body.
(2) A political subdivision holding an annual election with a regularly scheduled school election shall bear its proportionate share of the costs as determined by the county election administrator and the school district election administrator.
(3) The political subdivision for which a special election is held shall bear all costs of the election, or its proportionate share as determined by the county governing body if held in conjunction with any other election.
(4) Costs of elections may not include the services of the election administrator or capital expenditures. A county may not charge a political subdivision or school district for the purchase or routine maintenance of a voter interface device. However, the county may charge for the cost of programming a device for the election and for replacement, repairs, or maintenance required due to the political subdivision's or school district's use of the device.
(5) The county governing body shall set a schedule of fees for services provided to school districts by the election administrator. Before finalizing a contract to conduct a school election pursuant to a request under 20-20-417, the county shall provide the school district with an estimate of costs for each county voter interface device to be used for the election. When a school district is conducting its own election, the school district shall request from the county an estimate of the cost for using a county voter interface device. The county shall provide the estimate within 30 days of receiving the school district's request.
(6) Election costs shall be paid from county funds, and any shares paid by other political subdivisions shall be credited to the fund from which the costs were paid.
(7) The proportionate costs referred to in subsection (1) of this section shall be only those additional costs incurred as a result of the political subdivision holding its election in conjunction with the primary or general election.
History: En. Sec. 16, Ch. 571, L. 1979; amd. Sec. 7, Ch. 27, L. 1981; amd. Sec. 1, Ch. 558, L. 1983; amd. Sec. 2, Ch. 644, L. 1987; amd. Sec. 4, Ch. 61, L. 2021.