reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 13. Elections › Chapter 21. Montana Absent Uniformed Services and Overseas Voter Act › Part 1. General Provisions › 13-21-106. Role of secretary of state

13-21-106. Role of secretary of state.
(1) The secretary of state is the state official responsible for implementing the provisions of this chapter and the state's responsibilities under the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. 20301, et seq.
(2) The secretary of state shall make available to covered voters information regarding voter registration procedures for covered voters and procedures for casting military-overseas ballots. The secretary of state may delegate the responsibility under this subsection only to the state office designated in compliance with section 102(b)(1) of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. 20302(b)(1).
(3) (a) The secretary of state shall establish an electronic transmission systemin accordance with 13-21-104 that must be available at least 45 days before a covered election or any other approved method through which a covered voter may electronically apply for, receive, and return voter registration materials, military-overseas ballots, and other information under this chapter.
(b) If required identification is included, materials submitted through the electronic transmission system are not required to be signed.
History: En. Sec. 13, Ch. 139, L. 2013; amd. Sec. 3, Ch. 226, L. 2019.
2023 Montana Code Annotated › Title 13. Elections › Chapter 21. Montana Absent Uniformed Services and Overseas Voter Act › Part 1. General Provisions › 13-21-107. Digital signature authorized

13-21-107. Digital signature authorized.
(1) A covered voter may use a digital signature as proof that the voter is the sender when the voter is electronically transmitting any of the following documents to an election administrator pursuant to this chapter:
(a) a federal postcard application;
(b) an application for voter registration;
(c) a request for an absentee ballot; or
(d) the voter's marked ballot.
(2) An election administrator shall verify a digital signature received pursuant to this section and accept a validated digital signature as proof that a document has been transmitted by the voter.
(3) Nothing in this section may be interpreted as:
(a) requiring a covered voter to use a digital signature;
(b) requiring that an election administrator use a digital signature in lieu of the voter's date of birth and social security number or driver's license number to validate the voter's identity during the voter registration process;
(c) requiring a county election administrator or the secretary of state to validate the voter's identity with the certificate authority that issued the digital signature;
(d) requiring both a valid digital signature and the last four digits of a voter's social security number as proof that a document is from the voter; or
(e) prohibiting a county election administrator from using the last four digits of a voter's social security number, if provided on the document, to verify that the document was sent by the voter.
History: En. Sec. 4, Ch. 226, L. 2019.
2023 Montana Code Annotated › Title 13. Elections › Chapter 21. Montana Absent Uniformed Services and Overseas Voter Act › Part 2. Absentee Voting › 13-21-201. Repealed

13-21-201. Repealed.
Sec. 23, Ch. 139, L. 2013.
History: (1)En. Sec. 25, Ch. 368, L. 1969; amd. Sec. 1, Ch. 396, L. 1975; amd. Sec. 40, Ch. 334, L. 1977; Sec. 23-3006, R.C.M. 1947; (2)En. Sec. 137, Ch. 368, L. 1969; Sec. 23-3719, R.C.M. 1947; R.C.M. 1947, 23-3006(7), 23-3719(2); amd. Sec. 31, Ch. 571, L. 1979; amd. Sec. 2, Ch. 396, L. 1985; amd. Sec. 1, Ch. 302, L. 1991; amd. Sec. 1, Ch. 164, L. 1999; amd. Sec. 10, Ch. 557, L. 2003; Sec. 13-2-212, MCA 2001; redes. 13-21-201 by Sec. 24, Ch. 557, L. 2003; amd. Sec. 2, Ch. 157, L. 2007; amd. Sec. 2, Ch. 278, L. 2009; amd. Sec. 2, Ch. 190, L. 2011.
2023 Montana Code Annotated › Title 13. Elections › Chapter 21. Montana Absent Uniformed Services and Overseas Voter Act › Part 2. Absentee Voting › 13-21-202. Repealed

13-21-202. Repealed.
Sec. 23, Ch. 139, L. 2013.
History: En. Sec. 139, Ch. 368, L. 1969; amd. Sec. 1, Ch. 250, L. 1971; R.C.M. 1947, 23-3721; amd. Sec. 33, Ch. 571, L. 1979; amd. Sec. 3, Ch. 396, L. 1985; amd. Sec. 11, Ch. 557, L. 2003; Sec. 13-2-214, MCA 2001; redes. 13-21-202 by Sec. 24, Ch. 557, L. 2003; amd. Sec. 3, Ch. 157, L. 2007.
2023 Montana Code Annotated › Title 13. Elections › Chapter 21. Montana Absent Uniformed Services and Overseas Voter Act › Part 2. Absentee Voting › 13-21-203. Repealed

13-21-203. Repealed.
Sec. 23, Ch. 139, L. 2013.
History: En. 23-3724 by Sec. 1, Ch. 247, L. 1971; R.C.M. 1947, 23-3724; amd. Sec. 12, Ch. 557, L. 2003; Sec. 13-2-215, MCA 2001; redes. 13-21-203 by Sec. 24, Ch. 557, L. 2003; amd. Sec. 50, Ch. 297, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 21. Montana Absent Uniformed Services and Overseas Voter Act › Part 2. Absentee Voting › 13-21-204. Repealed

13-21-204. Repealed.
Sec. 7, Ch. 157, L. 2007.
History: En. Sec. 1, Ch. 43, L. 1987; amd. Sec. 3, Ch. 302, L. 1991; amd. Sec. 3, Ch. 164, L. 1999; amd. Sec. 18, Ch. 557, L. 2003; Sec. 13-13-271, MCA 2001; redes. 13-21-204 by Sec. 24, Ch. 557, L. 2003.
2023 Montana Code Annotated › Title 13. Elections › Chapter 21. Montana Absent Uniformed Services and Overseas Voter Act › Part 2. Absentee Voting › 13-21-205. Repealed

13-21-205. Repealed.
Sec. 23, Ch. 139, L. 2013.
History: En. Sec. 1, Ch. 43, L. 1987; amd. Sec. 19, Ch. 557, L. 2003; Sec. 13-13-272, MCA 2001; redes. 13-21-205 by Sec. 24, Ch. 557, L. 2003; amd. Sec. 4, Ch. 157, L. 2007.
2023 Montana Code Annotated › Title 13. Elections › Chapter 21. Montana Absent Uniformed Services and Overseas Voter Act › Part 2. Absentee Voting › 13-21-206. Counting of federal write-in absentee ballots

13-21-206. Counting of federal write-in absentee ballots.
(1) A federal write-in absentee ballot received by an election administrator may be counted only if:
(a) the elector's voter registration and identification information is sufficient to determine that the elector is eligible to vote in the election;
(b) the election administrator has not received a regular absentee ballot from the elector by 8 p.m. on election day; and
(c) the ballot is sent by 8 p.m. on election day and is received by 3 p.m. on the Monday following the election.
(2) Federal write-in absentee ballots received before the close of the polls on election day may not be counted until the polls have closed.
History: En. Sec. 1, Ch. 43, L. 1987; amd. Sec. 4, Ch. 164, L. 1999; amd. Sec. 20, Ch. 557, L. 2003; Sec. 13-13-273, MCA 2001; redes. 13-21-206 by Sec. 24, Ch. 557, L. 2003; amd. Sec. 21, Ch. 586, L. 2005; amd. Sec. 5, Ch. 157, L. 2007; amd. Sec. 21, Ch. 368, L. 2017.
2023 Montana Code Annotated › Title 13. Elections › Chapter 21. Montana Absent Uniformed Services and Overseas Voter Act › Part 2. Absentee Voting › 13-21-207. Repealed

13-21-207. Repealed.
Sec. 23, Ch. 139, L. 2013.
History: En. Sec. 2(1), Ch. 111, L. 1991; amd. Sec. 2, Ch. 80, L. 1999; amd. Sec. 21, Ch. 557, L. 2003; Sec. 13-13-277, MCA 2001; redes. 13-21-207 by Sec. 24, Ch. 557, L. 2003; amd. Sec. 3, Ch. 278, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 21. Montana Absent Uniformed Services and Overseas Voter Act › Part 2. Absentee Voting › 13-21-210. Repealed

13-21-210. Repealed.
Sec. 23, Ch. 139, L. 2013.
History: En. Sec. 4, Ch. 557, L. 2003; amd. Sec. 6, Ch. 157, L. 2007; amd. Sec. 2, Ch. 221, L. 2007; amd. Sec. 4, Ch. 278, L. 2009; amd. Sec. 51, Ch. 297, L. 2009; amd. Sec. 2, Ch. 111, L. 2011; amd. Sec. 4, Ch. 182, L. 2011; amd. Sec. 3, Ch. 190, L. 2011; amd. Sec. 3, Ch. 255, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 21. Montana Absent Uniformed Services and Overseas Voter Act › Part 2. Absentee Voting › 13-21-211. Repealed

13-21-211. Repealed.
Sec. 76, Ch. 242, L. 2011.
History: En. Sec. 5, Ch. 557, L. 2003.
2023 Montana Code Annotated › Title 13. Elections › Chapter 21. Montana Absent Uniformed Services and Overseas Voter Act › Part 2. Absentee Voting › 13-21-212. Mailing ballots to covered voter

13-21-212. Mailing ballots to covered voter.
Ballots mailed to a covered voter must be handled as prescribed in 13-13-214, except that both the envelope in which a ballot is mailed to the covered voter and the signature envelope for the ballot must have printed across the face the information and graphics and be of the color prescribed by the secretary of state consistent with the regulations established by the federal election commission, the U.S. postal service, or other federal agency.
History: En. Sec. 6, Ch. 557, L. 2003; amd. Sec. 58, Ch. 336, L. 2013; amd. Sec. 8, Ch. 55, L. 2015.
2023 Montana Code Annotated › Title 13. Elections › Chapter 21. Montana Absent Uniformed Services and Overseas Voter Act › Part 2. Absentee Voting › 13-21-213. Report on absentee ballots

13-21-213. Report on absentee ballots.
(1) Within 60 days after the date of each regularly scheduled federal general election, each county election administrator shall report to the secretary of state:
(a) the number of absentee ballots transmitted by the election administrator to covered voters for the election;
(b) the number of absentee ballots cast and returned to the election administrator for the election from covered voters; and
(c) the method of transmission and the method of submission of each absentee ballot in subsections (1)(a) and (1)(b).
(2) The secretary of state may prescribe a standardized format for the report.
(3) Within 90 days after the date of each regularly scheduled federal general election, the secretary of state shall report to the federal election assistance commission, established pursuant to the Help America Vote Act of 2002, Public Law 107-252, or its successor a statewide report containing the information provided under subsection (1) and any other information required by the federal election assistance commission. The report must be made in the format prescribed by the federal election assistance commission.
History: En. Sec. 7, Ch. 557, L. 2003; amd. Sec. 11, Ch. 139, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 21. Montana Absent Uniformed Services and Overseas Voter Act › Part 2. Absentee Voting › 13-21-220. Covered voter's registration address

13-21-220. Covered voter's registration address.
In registering to vote, a covered voter who is eligible to vote in Montana shall use and must be assigned to the voting precinct of the address of the last place of residence of the voter in Montana. If that address is no longer a recognized residential address, the voter must be assigned an address for voting purposes.
History: En. Sec. 14, Ch. 139, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 21. Montana Absent Uniformed Services and Overseas Voter Act › Part 2. Absentee Voting › 13-21-221. Methods of registering to vote

13-21-221. Methods of registering to vote.
(1) To apply to register to vote, in addition to any other approved method, a covered voter may use a federal postcard application or the application's electronic equivalent.
(2) A covered voter may use the declaration accompanying a federal write-in absentee ballot to apply to register to vote simultaneously with the submission of the federal write-in absentee ballot.
(3) The secretary of state shall ensure that the electronic transmission system described in 13-21-106(3) is capable of accepting both a federal postcard application and any other approved electronic registration application sent to the appropriate election official. The voter may use the electronic transmission system when available or any other approved method to register to vote.
History: En. Sec. 15, Ch. 139, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 21. Montana Absent Uniformed Services and Overseas Voter Act › Part 2. Absentee Voting › 13-21-222. Methods of applying for military-overseas ballot

13-21-222. Methods of applying for military-overseas ballot.
(1) A covered voter who is registered to vote in this state may apply for a military-overseas ballot:
(a) using either the regular absentee ballot application in use in the voter's jurisdiction under 13-13-212 or the federal postcard application or the application's electronic equivalent;
(b) by making a written request, which must include the voter's birth date and signature; or
(c) by making an electronic request that includes the voter's birth date and affirmation of the voter's eligibility to vote under the Montana Absent Uniformed Services and Overseas Voter Act.
(2) A person who holds a power of attorney from a uniformed-service voter may apply for an absentee ballot for that election on behalf of the uniformed-service voter. The applicant shall provide a copy of the power of attorney authorizing the request for an absentee ballot along with the application.
(3) A covered voter who is not registered to vote in Montana may use a federal postcard application or the application's electronic equivalent to apply simultaneously to register to vote under 13-21-221 and for a military-overseas ballot.
(4) The secretary of state shall ensure that the electronic transmission system described in 13-21-106(3) is capable of accepting the submission of a federal postcard application. The voter may use the electronic transmission system or any other approved method to apply for a military-overseas ballot.
(5) A covered voter may use the declaration accompanying a federal write-in absentee ballot as an application for a military-overseas ballot simultaneously with the submission of the federal write-in absentee ballot if the declaration is received by the appropriate election official within the time period required by this chapter.
(6) An application from a covered voter who applies for a ballot under this section is considered a request for an absentee ballot for all elections held through December 31 of the year following the calendar year of application or for a shorter period if requested by the covered voter.
(7) To receive the benefits of this chapter, a covered voter shall inform the appropriate election official that the voter is a covered voter. Methods of informing the appropriate election official that a voter is a covered voter include:
(a) the use of a federal postcard application or federal write-in absentee ballot;
(b) the use of an overseas address on an approved voter registration application or ballot application; and
(c) the inclusion on an approved voter registration application or ballot application or other information sufficient to identify the voter as a covered voter.
(8) This section does not preclude a covered voter from voting under Title 13, chapter 13, part 2.
History: En. Sec. 16, Ch. 139, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 21. Montana Absent Uniformed Services and Overseas Voter Act › Part 2. Absentee Voting › 13-21-223. Timeliness of application for military-overseas ballot

13-21-223. Timeliness of application for military-overseas ballot.
Except as provided in 13-21-226, an application for a military-overseas ballot is timely if received by 8 p.m. on election day.
History: En. Sec. 17, Ch. 139, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 21. Montana Absent Uniformed Services and Overseas Voter Act › Part 2. Absentee Voting › 13-21-224. Transmission of unvoted ballots

13-21-224. Transmission of unvoted ballots.
(1) For an election described in 13-21-105, not later than 45 days before the election or, if the 45th day before the election falls on a weekend or holiday, not later than the business day preceding the 45th day, the election official in each jurisdiction charged with distributing a ballot and balloting materials shall transmit a ballot and balloting materials to all covered voters who by that date submit a valid military-overseas ballot application.
(2) A covered voter who requests that a ballot and balloting materials be sent to the voter by electronic transmission may choose facsimile transmission or electronic mail or online delivery. The election official in each jurisdiction charged with distributing a ballot and balloting materials shall transmit the ballot and balloting materials to the voter using the means of transmission chosen by the voter.
History: En. Sec. 18, Ch. 139, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 21. Montana Absent Uniformed Services and Overseas Voter Act › Part 2. Absentee Voting › 13-21-225. Use of federal write-in absentee ballot

13-21-225. Use of federal write-in absentee ballot.
A covered voter may use a federal write-in absentee ballot to vote for all offices and ballot measures in an election described in 13-21-105.
History: En. Sec. 19, Ch. 139, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 21. Montana Absent Uniformed Services and Overseas Voter Act › Part 2. Absentee Voting › 13-21-226. Receipt of voted ballot

13-21-226. Receipt of voted ballot.
(1) A valid military-overseas ballot must be counted if it is received by 8 p.m. on election day or by 5 p.m. on the day after election day if transmitted electronically by 8 p.m. on election day.
(2) Voted ballots transmitted electronically by 8 p.m. on election day and received by 5 p.m. on the day after election day must be counted at the same time as provisional ballots are counted.
History: En. Sec. 20, Ch. 139, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 21. Montana Absent Uniformed Services and Overseas Voter Act › Part 2. Absentee Voting › 13-21-227. Confirmation of receipt of application and voted ballot

13-21-227. Confirmation of receipt of application and voted ballot.
The secretary of state, in coordination with local election officials, shall implement an electronic free-access system by which a covered voter may determine by telephone, electronic mail, or internet whether:
(1) the voter's federal postcard application or other registration or military-overseas ballot application has been received and accepted; and
(2) the voter's military-overseas ballot has been received and the current status of the ballot.
History: En. Sec. 21, Ch. 139, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 21. Montana Absent Uniformed Services and Overseas Voter Act › Part 2. Absentee Voting › 13-21-228. Use of voter's e-mail address

13-21-228. Use of voter's e-mail address.
(1) A local election official shall request an e-mail address from each covered voter who registers to vote after January 1, 2014.
(2) An e-mail address provided by a covered voter may not be made available to the public or any individual or organization other than a state or local election official and is confidential information as defined in 2-6-1002.
(3) The address may be used only for official communication with the voter about the voting process, including transmitting military-overseas ballots and election materials if the voter has requested electronic transmission and verifying the voter's mailing address and physical location.
History: En. Sec. 22, Ch. 139, L. 2013; amd. Sec. 39, Ch. 348, L. 2015.
2023 Montana Code Annotated › Title 13. Elections › Chapter 22. Youth Voting Act › Part 1. General Provisions › 13-22-102. Purpose and intent

13-22-102. Purpose and intent.
The intent of the legislature is to establish a nonpartisan youth voting program that will:
(1) provide the youth of Montana with practical experience in the democratic process;
(2) increase the likelihood that Montana's youth will participate in the process as adult voters and encourage the participation of more parents in elections;
(3) not benefit any elected official, candidate for elective office, political party, campaign for or against any ballot issue, or any proposed ballot issue attempting to qualify for placement on a ballot; and
(4) be entirely funded through private donations.
History: En. Sec. 2, Ch. 348, L. 1991; amd. Sec. 4, Ch. 481, L. 2007.
2023 Montana Code Annotated › Title 13. Elections › Chapter 22. Youth Voting Act › Part 1. General Provisions › 13-22-103. Youth voting program established -- program coordination -- school participation

13-22-103. Youth voting program established -- program coordination -- school participation.
(1) There is a youth voting program for minors to provide young Montanans direct experience in the voting process.
(2) The secretary of state, in consultation with the superintendent of public instruction, shall solicit county election administrators and schools throughout the state to participate in the youth voting program. The secretary of state and the superintendent of public instruction shall confer with the participating county election administrators and county superintendents of schools and, from among interested schools, shall facilitate the participation of as many schools in the program as available funds and other circumstances allow. A designated school may, at any time, decline to participate by notifying the secretary of state in writing.
History: En. Sec. 3, Ch. 348, L. 1991.
2023 Montana Code Annotated › Title 13. Elections › Chapter 22. Youth Voting Act › Part 1. General Provisions › 13-22-104. Program development

13-22-104. Program development.
(1) The secretary of state and the superintendent of public instruction shall compile a program and establish a process whereby:
(a) students are instructed on the electoral process, the importance of voting, and how to mark and cast a ballot;
(b) students are educated about current issues in a manner appropriate for each grade level involved;
(c) students cast facsimile or mock ballots at a location designated as a youth voting location or while accompanying an eligible voter to a polling place during regular elections; and
(d) ballots cast by students at elections are counted and the results are made available to all participating schools.
(2) The program must be presented to participating schools in a nonpartisan, nonbiased, and informative manner.
History: En. Sec. 4, Ch. 348, L. 1991; amd. Sec. 1, Ch. 142, L. 1997.
2023 Montana Code Annotated › Title 13. Elections › Chapter 22. Youth Voting Act › Part 1. General Provisions › 13-22-105. Responsibilities of participating schools

13-22-105. Responsibilities of participating schools.
Participating schools shall, in a timely manner, provide to students and their parents or guardians instruction and guidance on how to participate in the program, youth voter registration procedures and deadlines, a list of candidates and issues, and polling and balloting procedures.
History: En. Sec. 5, Ch. 348, L. 1991.
2023 Montana Code Annotated › Title 13. Elections › Chapter 22. Youth Voting Act › Part 1. General Provisions › 13-22-106. Polling place procedures

13-22-106. Polling place procedures.
(1) The secretary of state and the superintendent of public instruction shall work with participating schools or county election officials, as necessary, to provide that:
(a) facsimile or mock ballots are distributed to locations designated as youth voting locations;
(b) participating students accompanied by an eligible voter are allowed to cast ballots in the youth election at regular polling places; and
(c) student ballots are counted and the results are announced to the participating schools.
(2) The provisions of this section must be carried out in a manner that will not interfere with the normal voting process or established polling place procedures.
History: En. Sec. 6, Ch. 348, L. 1991; amd. Sec. 2, Ch. 142, L. 1997.
2023 Montana Code Annotated › Title 13. Elections › Chapter 22. Youth Voting Act › Part 1. General Provisions › 13-22-107. Funding

13-22-107. Funding.
(1) Except for compensation for time spent by employees of the secretary of state and the superintendent of public instruction, public money may not be used to support or fund the youth voting program established in this chapter.
(2) A nonprofit corporation may be formed subject to the provisions of Title 35, chapter 2, to solicit donations from private sources. Money solicited under this subsection must be used only for the youth voting program.
History: En. Sec. 7, Ch. 348, L. 1991; amd. Sec. 41, Ch. 475, L. 2003.
2023 Montana Code Annotated › Title 13. Elections › Chapter 22. Youth Voting Act › Part 1. General Provisions › 13-22-108. Reports

13-22-108. Reports.
(1) The secretary of state shall provide, upon request, a report to the state administration and veterans' affairs interim committee in accordance with 5-11-210 outlining the program's effectiveness in achieving its objectives.
(2) Participating schools and agencies shall provide to the secretary of state information regarding the youth voting program for the secretary of state's report.
History: En. Sec. 8, Ch. 348, L. 1991; amd. Sec. 32, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 25. Elections for Federal Office › Part 1. Presidential Elections › 13-25-101. Nomination of electors -- ballot

13-25-101. Nomination of electors -- ballot.
(1) In the manner and number provided by law, each political party qualified under 13-10-601 shall nominate presidential electors for this state and file with the secretary of state certificates of nomination in a form and by the date prescribed by the secretary of state.
(2) In the event of the death of a candidate for president or vice president after a certificate of nomination has been filed, a new candidate for president or vice president, or both, may be nominated for the affected political party and a new certificate of nomination may be filed with the secretary of state by the date prescribed by the secretary of state.
(3) A candidate for election to the office of president or vice president may withdraw from the election by sending a statement of withdrawal to the secretary of state. The statement of withdrawal:
(a) must contain all information necessary to identify the candidate and the office sought; and
(b) unless filed electronically, must be acknowledged by an officer empowered to acknowledge signatures or by the officer of the office at which the filing is made.
(4) A candidate may not withdraw later than the deadline prescribed by the secretary of state for nomination of presidential electors.
(5) The secretary of state shall certify to the election administrator the names of the candidates for president and vice president of the several political parties, which must be placed on the ballot by one of the methods provided in 13-12-204.
(6) If the name of a new candidate for president or vice president, or both, is certified to the secretary of state in less than 76 days pursuant to subsection (1), the secretary of state shall immediately certify the new name or names to the election administrators and the new name or names must be placed on the ballot by one of the methods provided in 13-12-204.
(7) The names of candidates for electors of president and vice president may not appear on the ballot.
History: En. Sec. 215, Ch. 368, L. 1969; R.C.M. 1947, 23-4302(1) thru (3); amd. Sec. 208, Ch. 571, L. 1979; amd. Sec. 34, Ch. 250, L. 1985; amd. Sec. 9, Ch. 390, L. 1993; amd. Sec. 7, Ch. 85, L. 1997; amd. Sec. 5, Ch. 537, L. 2001; amd. Sec. 80, Ch. 414, L. 2003; amd. Sec. 30, Ch. 273, L. 2007; amd. Sec. 74, Ch. 242, L. 2011.
2023 Montana Code Annotated › Title 13. Elections › Chapter 25. Elections for Federal Office › Part 1. Presidential Elections › 13-25-102. Election of electors

13-25-102. Election of electors.
(1) On the Tuesday next after the first Monday of November in the year in which a president of the United States is to be elected, there shall be elected as many electors for president and vice president of the United States as are allocated to this state.
(2) The votes cast for candidates for president and vice president of each political party shall be counted for the candidates for presidential electors of the political party whose names have been filed with the secretary of state.
History: (1)En. Sec. 214, Ch. 368, L. 1969; Sec. 23-4301, R.C.M. 1947; (2)En. Sec. 215, Ch. 368, L. 1969; Sec. 23-4302, R.C.M. 1947; R.C.M. 1947, 23-4301, 23-4302(4).
2023 Montana Code Annotated › Title 13. Elections › Chapter 25. Elections for Federal Office › Part 1. Presidential Elections › 13-25-103. Returns -- lists of electors elected

13-25-103. Returns -- lists of electors elected.
(1) The votes for candidates for president and vice president shall be given, received, returned, and canvassed as the votes are given, returned, and canvassed for candidates for congress.
(2) The secretary of state shall prepare three lists of names of electors elected and affix the seal of the state to the lists.
(3) The lists shall be signed by the governor and secretary of state and delivered by the latter to the college of electors at the hour of their meeting.
History: En. Sec. 216, Ch. 368, L. 1969; R.C.M. 1947, 23-4303.
2023 Montana Code Annotated › Title 13. Elections › Chapter 25. Elections for Federal Office › Part 1. Presidential Elections › 13-25-104. Repealed

13-25-104. Repealed.
Sec. 10, Ch. 192, L. 2011.
History: En. Sec. 217, Ch. 368, L. 1969; R.C.M. 1947, 23-4304; amd. Sec. 1, Ch. 61, L. 1981.
2023 Montana Code Annotated › Title 13. Elections › Chapter 25. Elections for Federal Office › Part 1. Presidential Elections › 13-25-105. Repealed

13-25-105. Repealed.
Sec. 10, Ch. 192, L. 2011.
History: En. Sec. 218, Ch. 368, L. 1969; R.C.M. 1947, 23-4305.
2023 Montana Code Annotated › Title 13. Elections › Chapter 25. Elections for Federal Office › Part 1. Presidential Elections › 13-25-106. Compensation of electors

13-25-106. Compensation of electors.
Electors must receive the same pay and mileage that is allowed to members of the legislature. Payments must be certified by the secretary of state and paid by the state treasurer from the state general fund.
History: En. Sec. 219, Ch. 368, L. 1969; R.C.M. 1947, 23-4306; amd. Sec. 50, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 13. Elections › Chapter 25. Elections for Federal Office › Part 1. Presidential Elections › 13-25-107. Repealed

13-25-107. Repealed.
Sec. 10, Ch. 192, L. 2011.
History: En. Sec. 220, Ch. 368, L. 1969; R.C.M. 1947, 23-4307.
2023 Montana Code Annotated › Title 13. Elections › Chapter 25. Elections for Federal Office › Part 2. Congressional Elections › 13-25-201. Election of United States senators and representatives

13-25-201. Election of United States senators and representatives.
(1) United States senators and representatives shall be elected at the general election preceding commencement of the term to be filled.
(2) Nominations and elections shall be as provided by law for governor.
History: En. Sec. 221, Ch. 368, L. 1969; amd. Sec. 51, Ch. 365, L. 1977; R.C.M. 1947, 23-4401.
2023 Montana Code Annotated › Title 13. Elections › Chapter 25. Elections for Federal Office › Part 2. Congressional Elections › 13-25-202. Repealed

13-25-202. Repealed.
Sec. 3, Ch. 340, L. 2015.
History: En. Sec. 222, Ch. 368, L. 1969; amd. Sec. 52, Ch. 365, L. 1977; R.C.M. 1947, 23-4402.
2023 Montana Code Annotated › Title 13. Elections › Chapter 25. Elections for Federal Office › Part 2. Congressional Elections › 13-25-203. Vacancy in office of United States representative

13-25-203. Vacancy in office of United States representative.
(1) If a vacancy occurs in the office of United States representative, the governor shall immediately order an election to be held to fill the vacancy, except as provided in subsection (3).
(2) The election to fill the unexpired term must be held no less than 85 and no more than 100 days from the date on which the vacancy occurs, except that if the vacancy occurs:
(a) between 85 days and 150 days before a municipal general election, the election must be held with the municipal general election;
(b) between January 1 in an even-numbered year and 85 days before a federal primary election, the election must be held with the federal primary election;
(c) less than 85 days before a federal primary election, the election must be held with the federal general election;
(d) between the federal primary election and 85 days before a federal general election, the election must be held with the federal general election;
(e) less than 85 days before a municipal general election or federal general election, the election must be held no less than 85 days and no more than 100 days after the date of the general election.
(3) If a vacancy in the office of United States representative occurs between the federal primary and the federal general election in even-numbered years, the candidate elected to the office for the succeeding full term shall immediately take office to fill the unexpired term.
History: En. 23-4405 by Sec. 53, Ch. 365, L. 1977; R.C.M. 1947, 23-4405; amd. Sec. 209, Ch. 571, L. 1979; amd. Sec. 35, Ch. 250, L. 1985; amd. Sec. 11, Ch. 292, L. 2009; amd. Sec. 1, Ch. 340, L. 2015; amd. Sec. 1, Ch. 146, L. 2019.
2023 Montana Code Annotated › Title 13. Elections › Chapter 25. Elections for Federal Office › Part 2. Congressional Elections › 13-25-204. Certificates issued by governor

13-25-204. Certificates issued by governor.
Upon receipt of the report of the canvass required by 13-15-507, the governor shall send a certificate of election to each person elected.
History: En. Sec. 223, Ch. 368, L. 1969; R.C.M. 1947, 23-4403; amd. Sec. 53, Ch. 575, L. 1981.
2023 Montana Code Annotated › Title 13. Elections › Chapter 25. Elections for Federal Office › Part 2. Congressional Elections › 13-25-205. Nominations for special election

13-25-205. Nominations for special election.
(1) When a special election is ordered to fill a vacancy in the office of United States senator or United States representative, each political party shall choose a candidate according to the rules of the party. Nominations by parties must be made no later than 75 days before the date set for the election.
(2) Nominating petitions may be filed by independent candidates for the office up to 5 p.m. of the 75th day before the election.
History: En. Sec. 210, Ch. 571, L. 1979; amd. Sec. 36, Ch. 250, L. 1985; amd. Sec. 12, Ch. 292, L. 2009; amd. Sec. 2, Ch. 340, L. 2015.
2023 Montana Code Annotated › Title 13. Elections › Chapter 25. Elections for Federal Office › Part 3. Uniform Faithful Presidential Electors Act › 13-25-302. Definitions

13-25-302. Definitions.
As used in this part, the following definitions apply:
(1) "Cast" means accepted by the secretary of state in accordance with 13-25-307(3).
(2) "Elector" means an individual selected as presidential elector under this part.
(3) "President" means the president of the United States.
(4) "Unaffiliated presidential candidate" means a candidate for president of the United States who qualifies for the general election ballot in this state under 13-10-504.
(5) "Vice president" means vice president of the United States.
History: En. Sec. 2, Ch. 192, L. 2011.
2023 Montana Code Annotated › Title 13. Elections › Chapter 25. Elections for Federal Office › Part 3. Uniform Faithful Presidential Electors Act › 13-25-303. Designation of electors

13-25-303. Designation of electors.
Pursuant to 13-25-101, each political party qualified under 13-10-601 or unaffiliated presidential candidate shall submit to the secretary of state the names of two qualified individuals for each elector position in this state. One of the individuals must be designated as the elector nominee and the other must be designated as the alternate elector nominee. Unless otherwise provided by 13-25-305 through 13-25-308, Montana's electors are the winning electors under the laws of this state.
History: En. Sec. 3, Ch. 192, L. 2011.
2023 Montana Code Annotated › Title 13. Elections › Chapter 25. Elections for Federal Office › Part 3. Uniform Faithful Presidential Electors Act › 13-25-304. Pledge

13-25-304. Pledge.
Each elector nominated by a political party under 13-25-101 or by an unaffiliated presidential candidate shall execute the following pledge: "If selected for the position of elector, I agree to serve and to mark my ballots for president and vice president for the nominees of the political party that nominated me." The executed pledges must accompany the submission of the corresponding names to the secretary of state under 13-25-101(1).
History: En. Sec. 4, Ch. 192, L. 2011.
2023 Montana Code Annotated › Title 13. Elections › Chapter 25. Elections for Federal Office › Part 3. Uniform Faithful Presidential Electors Act › 13-25-305. Certification of electors

13-25-305. Certification of electors.
When submitting the certificate of ascertainment as required by 3 U.S.C. 6, the governor shall certify the state's electors to the archivist of the United States. The certificate must state that:
(1) the electors will serve as electors unless a vacancy occurs in the office of elector before the end of the meeting required under 13-25-307(1), in which case a substitute elector will fill the vacancy as provided for in 13-25-306; and
(2) if a substitute elector is appointed to fill a vacancy, the governor will submit an amended certificate of ascertainment stating the names on the final list of the state's electors.
History: En. Sec. 5, Ch. 192, L. 2011.
2023 Montana Code Annotated › Title 13. Elections › Chapter 25. Elections for Federal Office › Part 3. Uniform Faithful Presidential Electors Act › 13-25-306. Presiding officer -- elector vacancy

13-25-306. Presiding officer -- elector vacancy.
(1) The secretary of state shall preside at the meeting of the electors described in 13-25-307(1).
(2) The position of an elector not present to vote is considered vacant, and the secretary of state shall appoint an individual as a substitute elector as follows:
(a) if the alternate elector is present to vote, by appointing the alternate elector for the vacant position;
(b) if the alternate elector is not present to vote, by appointing an elector chosen by lot from among the alternate electors present to vote who are nominated by the same political party or unaffiliated presidential candidate;
(c) if the number of alternate electors present to vote is insufficient to fill a vacant position pursuant to subsection (2)(a) or (2)(b), by appointing any immediately available individual who is qualified to serve as an elector and chosen through nomination by and plurality vote of the remaining electors, including nomination and vote by a single elector if only one remains;
(d) if there is a tie between two nominees for substitute elector in a vote conducted under subsection (2)(c), by appointing an elector chosen by lot from among those nominees; or
(e) if all elector positions are vacant and cannot be filled pursuant to subsections (2)(a) through (2)(d), by appointing a single presidential elector, with remaining vacant positions to be filled pursuant to subsection (2)(c) and, if necessary, subsection (2)(d).
(3) To qualify as a substitute elector under subsection (2), an individual who has not executed the pledge required by 13-25-304 shall execute the following pledge: "I agree to serve and to mark my ballots for president and vice president consistent with the pledge of the individual to whose elector position I have succeeded."
History: En. Sec. 6, Ch. 192, L. 2011.
2023 Montana Code Annotated › Title 13. Elections › Chapter 25. Elections for Federal Office › Part 3. Uniform Faithful Presidential Electors Act › 13-25-307. Elector voting

13-25-307. Elector voting.
(1) The electors shall meet in Helena at 2 p.m. on the first Monday after the second Wednesday in December following their election.
(2) After all vacant positions have been filled pursuant to 13-25-306, the secretary of state shall provide each elector with a presidential and a vice presidential ballot. The elector shall mark the elector's presidential and vice presidential ballots with the elector's vote for the office of president and vice president, respectively, along with the elector's signature and the elector's legibly printed name.
(3) Unless otherwise provided by law, each elector shall present both completed ballots to the secretary of state, who shall examine the ballots and accept as cast all ballots of electors whose votes are consistent with their pledges executed under 13-25-304 or 13-25-306(3). Except as otherwise provided by law, the secretary of state may not accept and may not count either an elector's presidential or vice presidential ballot if the elector has not marked both ballots or has marked a ballot in violation of the elector's pledge.
(4) An elector who refuses to present a ballot, presents an unmarked ballot, or presents a ballot in violation of the elector's pledge executed under 13-25-304 or 13-25-306(3) vacates the office of elector, creating a vacant position to be filled under 13-25-306.
(5) The secretary of state shall distribute ballots to and collect ballots from a substitute elector and repeat the process specified in this section until all of the electoral votes have been cast and recorded.
History: En. Sec. 7, Ch. 192, L. 2011.
2023 Montana Code Annotated › Title 13. Elections › Chapter 25. Elections for Federal Office › Part 3. Uniform Faithful Presidential Electors Act › 13-25-308. Elector replacement -- associated certificates

13-25-308. Elector replacement -- associated certificates.
(1) After the vote of the electors is completed, if the final list of electors differs from the list the governor previously included on a certificate of ascertainment prepared and transmitted pursuant to 13-25-305, the secretary of state shall immediately prepare an amended certificate of ascertainment and transmit it to the governor for the governor's signature.
(2) The governor shall immediately sign and transmit to the secretary of state the signed amended certificate of ascertainment and a signed duplicate original of the amended certificate of ascertainment that indicates that the amended certificate of ascertainment must be substituted for the certificate of ascertainment previously submitted.
(3) The secretary of state shall prepare a certificate of vote. The electors on the final list shall sign the certificate. The secretary of state shall process and transmit the signed certificate with the amended certificate of ascertainment as provided under 3 U.S.C. 9 through 11.
History: En. Sec. 8, Ch. 192, L. 2011.
2023 Montana Code Annotated › Title 13. Elections › Chapter 25. Elections for Federal Office › Part 3. Uniform Faithful Presidential Electors Act › 13-25-309. Uniformity of application and construction

13-25-309. Uniformity of application and construction.
In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
History: En. Sec. 9, Ch. 192, L. 2011.
2023 Montana Code Annotated › Title 13. Elections › Chapter 26. Convention to Ratify Amendments to United States Constitution › Part 1. Ratification of Amendments › 13-26-101. Convention to be held

13-26-101. Convention to be held.
If congress proposes an amendment to the constitution of the United States to be ratified by state convention, a convention shall be held.
History: En. Sec. 236, Ch. 368, L. 1969; R.C.M. 1947, 23-4601.
2023 Montana Code Annotated › Title 13. Elections › Chapter 26. Convention to Ratify Amendments to United States Constitution › Part 1. Ratification of Amendments › 13-26-102. Delegates to constitutional convention

13-26-102. Delegates to constitutional convention.
(1) The number of convention delegates shall be equal to the number of members in the legislature. Each district shall have delegates equal to the number of members it is entitled to in the legislature.
(2) Delegates shall be elected at the next primary or general election after congress has proposed the amendment or at a special election called by the governor.
(3) Except as otherwise provided in this chapter, the election shall be in accordance with the laws for the election of members of the legislature.
History: En. Sec. 237, Ch. 368, L. 1969; R.C.M. 1947, 23-4602.
2023 Montana Code Annotated › Title 13. Elections › Chapter 26. Convention to Ratify Amendments to United States Constitution › Part 1. Ratification of Amendments › 13-26-103. Nomination of delegates

13-26-103. Nomination of delegates.
(1) Nominations for the office of delegate must be made:
(a) by petition signed by not less than 100 voters of the district;
(b) without political designation; and
(c) as "in favor of" or "opposed to" ratification of the proposed amendment.
(2) Petitions and acceptances must be filed not less than 85 days prior to the election.
History: En. Sec. 238, Ch. 368, L. 1969; R.C.M. 1947, 23-4603; amd. Sec. 37, Ch. 250, L. 1985; amd. Sec. 13, Ch. 292, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 26. Convention to Ratify Amendments to United States Constitution › Part 1. Ratification of Amendments › 13-26-104. Determination of election results

13-26-104. Determination of election results.
The results of the election are determined as follows:
(1) The votes cast for each candidate "in favor of" ratification, the total votes cast for all candidates "in favor of" ratification, the votes cast for each candidate "opposed to" ratification, and the total votes cast for all candidates "opposed to" ratification shall be ascertained.
(2) From the side receiving the greater number of votes, those candidates (equal in number to the number of delegates to be elected) receiving the highest number of votes are elected.
History: En. Sec. 239, Ch. 368, L. 1969; R.C.M. 1947, 23-4604.
2023 Montana Code Annotated › Title 13. Elections › Chapter 26. Convention to Ratify Amendments to United States Constitution › Part 1. Ratification of Amendments › 13-26-105. Ballot form

13-26-105. Ballot form.
The official ballot form shall be prescribed by the secretary of state.
History: En. Sec. 240, Ch. 368, L. 1969; R.C.M. 1947, 23-4605.
2023 Montana Code Annotated › Title 13. Elections › Chapter 26. Convention to Ratify Amendments to United States Constitution › Part 1. Ratification of Amendments › 13-26-106. Time for convention of delegates

13-26-106. Time for convention of delegates.
Delegates shall meet at the state capitol on the first Monday in the month following the election at 10 a.m. and constitute a convention to act upon the proposed amendment.
History: En. Sec. 241, Ch. 368, L. 1969; R.C.M. 1947, 23-4606.
2023 Montana Code Annotated › Title 13. Elections › Chapter 26. Convention to Ratify Amendments to United States Constitution › Part 1. Ratification of Amendments › 13-26-107. Operation of the convention

13-26-107. Operation of the convention.
A majority of the total number of delegates constitutes a quorum. The convention:
(1) may choose a president, secretary, and other necessary officers;
(2) may make rules governing the procedure of the convention; and
(3) shall judge the qualifications and election of its members.
History: En. Sec. 243, Ch. 368, L. 1969; R.C.M. 1947, 23-4607.
2023 Montana Code Annotated › Title 13. Elections › Chapter 26. Convention to Ratify Amendments to United States Constitution › Part 1. Ratification of Amendments › 13-26-108. Compensation of delegates and officers

13-26-108. Compensation of delegates and officers.
Each delegate shall receive mileage and per diem as provided by law for members of the legislature. The secretary and other officers shall receive compensation fixed by the convention.
History: En. Sec. 242, Ch. 368, L. 1969; R.C.M. 1947, 23-4608.
2023 Montana Code Annotated › Title 13. Elections › Chapter 26. Convention to Ratify Amendments to United States Constitution › Part 1. Ratification of Amendments › 13-26-109. Certificate of result -- transmission to secretary of state of United States

13-26-109. Certificate of result -- transmission to secretary of state of United States.
When the convention has agreed by majority vote of delegates attending the convention, a certificate of the result shall be executed by the president and secretary and transmitted to the secretary of state of the United States. A duplicate of the certificate shall be filed with the secretary of state of Montana.
History: En. Sec. 244, Ch. 368, L. 1969; R.C.M. 1947, 23-4609; amd. Sec. 211, Ch. 571, L. 1979.