reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 13. Elections › Chapter 2. Registration of Electors › Part 6. Effect of Registration (Repealed) › 13-2-603. Repealed

13-2-603. Repealed.
Sec. 44, Ch. 475, L. 2003.
History: En. Sec. 39, Ch. 368, L. 1969; R.C.M. 1947, 23-3020; amd. Sec. 46, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 3. Precincts and Polling Places › Part 1. Designation of Precincts and Polling Places › 13-3-101. Establishment of election precincts

13-3-101. Establishment of election precincts.
(1) The territorial unit for elections is the election precinct. All election precincts must be designated by numbers, names, or both.
(2) The governing body of each county shall establish a convenient number of election precincts, equalizing the number of electors in each precinct as nearly as possible. A precinct may not contain more than 2,500 registered voters. This subsection may only be applied at the time a county governing body revises precinct boundaries pursuant to 13-3-102, and except as provided in subsection (3), it may not be otherwise construed to require a county governing body to revise the boundaries of precincts more frequently due to fluctuations of registered voters within the precinct between districting and apportionment plans adopted under Article V, section 14, of the Montana constitution.
(3) If fluctuations in the number of registered voters result in a precinct with 3,750 or more registered voters, the governing body shall adjust the precinct boundaries to contain 2,500 or fewer registered voters. If the governing body is required to make an adjustment to a precinct boundary pursuant to this subsection, the governing body is not required to make the adjustment during a year in which a federal election is scheduled but shall make the adjustment in the next year during which there is not a regularly scheduled federal election.
History: En. Sec. 18, Ch. 368, L. 1969; amd. Sec. 1, Ch. 171, L. 1973; R.C.M. 1947, 23-3101(1), (2), (3)(b); amd. Sec. 47, Ch. 571, L. 1979; amd. Sec. 1, Ch. 235, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 3. Precincts and Polling Places › Part 1. Designation of Precincts and Polling Places › 13-3-102. Change of precinct boundaries

13-3-102. Change of precinct boundaries.
(1) The county governing body may change the boundaries of precincts, but not within 100 days before any primary or between a general election and the primary for that election. When the changes are required to make precinct boundaries conform to legislative district boundaries following the adoption of a districting and apportionment plan under Article V, section 14, of the Montana constitution or other district boundaries changed by the districting and apportionment plan, the changing of precinct boundaries must conform to 13-3-101 and be accomplished within 90 days of the filing of the final plan.
(2) All changes must be certified to the election administrator 3 days or less after the change is made.
(3) The officials responsible for preparing a districting and apportionment plan shall consider the problems of conforming present precinct boundaries to the new districts as well as existing boundaries of wards, school districts, and other districts. The election administrator of counties involved in the plan must be consulted before adoption of the final plan.
History: En. Sec. 18, Ch. 368, L. 1969; amd. Sec. 1, Ch. 171, L. 1973; R.C.M. 1947, 23-3101(3)(a), (4); amd. Sec. 48, Ch. 571, L. 1979; amd. Sec. 35, Ch. 56, L. 2009; amd. Sec. 1, Ch. 412, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 3. Precincts and Polling Places › Part 1. Designation of Precincts and Polling Places › 13-3-103. Certification of boundary changes

13-3-103. Certification of boundary changes.
(1) Not more than 10 days after an order of the governing body has established or changed the boundaries of an election precinct, the governing body shall ensure that a written legal description and a map showing the borders of all precincts and districts in which elections are held within the county are prepared and delivered to the election administrator.
(2) Not more than 10 days after school district or other election district boundaries have been changed, the governing body making the change shall certify any changes or alterations in the boundaries to the election administrator and deliver a written legal description and a map showing boundaries of the wards, school districts, or other election districts. The map must be sufficiently detailed to clearly identify the wards or districts and the territory included in each.
History: (1)En. Sec. 18, Ch. 368, L. 1969; amd. Sec. 1, Ch. 171, L. 1973; Sec. 23-3101, R.C.M. 1947; (2)En. Sec. 19, Ch. 368, L. 1969; Sec. 23-3102, R.C.M. 1947; R.C.M. 1947, 23-3101(3)(c), 23-3102; amd. Sec. 49, Ch. 571, L. 1979; amd. Sec. 36, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 3. Precincts and Polling Places › Part 1. Designation of Precincts and Polling Places › 13-3-104. Precincts, wards, and election districts

13-3-104. Precincts, wards, and election districts.
(1) A ward or election district may be divided into two or more precincts, and a precinct may be divided into two or more polling places.
(2) Precincts may include two or more adjoining wards or election districts, together with contiguous territory lying outside the municipality or district, if provision can be made for clearly identifying the electors eligible to vote in each ward or district.
History: En. Sec. 18, Ch. 368, L. 1969; amd. Sec. 1, Ch. 171, L. 1973; R.C.M. 1947, 23-3101(5), (6); amd. Sec. 50, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 3. Precincts and Polling Places › Part 1. Designation of Precincts and Polling Places › 13-3-105. Designation of polling place

13-3-105. Designation of polling place.
(1) The county governing body shall designate the polling place for each precinct no later than 30 days before a primary election. The same polling place must be used for both the primary and general election if at all possible. Changes may be made by the governing body in designated polling places up to 10 days before an election if a designated polling place is not available. Polling places may be located outside the boundaries of a precinct.
(2) Not more than 10 days or less than 2 business days before an election, the election administrator shall publish in a newspaper of general circulation in the county a statement of the locations of the precinct polling places. The election administrator shall include in the published notice the accessibility designation for each polling place according to the classification in 13-3-207. Notice may also be given as provided in 2-3-105 through 2-3-107.
(3) An election administrator may make changes in the location of a polling place if an emergency occurs 10 days or less before an election. Notice must be posted at both the old and new polling places, and other notice may be given by whatever means available.
(4) (a) Any building may be used as a polling place. The building must be furnished at no charge as long as no structural changes are required in order to use the building as a polling place.
(b) If the building regularly used as a designated polling place is not available for an election because of an unforeseen or temporary circumstance and no other suitable building is available free of charge, the county may pay for use of a building as a temporary polling place for that election provided that the building meets the polling place standards under this chapter. If a county pays for the use of a building as a temporary polling place because of an unforeseen or temporary circumstance, the county shall provide with its regular report on election costs to the secretary of state any costs incurred for use of a building pursuant to this subsection (4)(b).
(5) The exterior of the voting systems, or of the booths in which they are placed, and every part of the polling place must be in plain view of the election judges.
History: En. Sec. 20, Ch. 368, L. 1969; amd. Sec. 1, Ch. 169, L. 1974; R.C.M. 1947, 23-3103; amd. Sec. 51, Ch. 571, L. 1979; amd. Sec. 1, Ch. 562, L. 1981; amd. Sec. 12, Ch. 200, L. 1987; amd. Sec. 9, Ch. 414, L. 2003; amd. Sec. 16, Ch. 242, L. 2011; amd. Sec. 1, Ch. 314, L. 2019; amd. Sec. 5, Ch. 61, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 3. Precincts and Polling Places › Part 2. Accessibility of Polling Places › 13-3-201. Purpose

13-3-201. Purpose.
The purpose of this part is to promote the fundamental right to vote by improving access to polling places and accessible voting technology for individuals with disabilities. The provisions of this part acknowledge that, in certain cases, it may not be possible to locate a polling place that meets the standards for accessibility, either because an accessible polling place does not exist or, if it does, its location in the precinct would require undue travel for a majority of the electors. In those cases when an accessible polling place is not available, this part provides voters with disabilities an alternative means for casting a ballot on election day.
History: En. Sec. 1, Ch. 200, L. 1987; amd. Sec. 6, Ch. 472, L. 1997; amd. Sec. 37, Ch. 56, L. 2009; amd. Sec. 6, Ch. 61, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 3. Precincts and Polling Places › Part 2. Accessibility of Polling Places › 13-3-202. Definitions

13-3-202. Definitions.
As used in this part, unless the context indicates otherwise, the following definitions apply:
(1) "Accessible" means accessible to individuals with disabilities for purposes of voting as determined in accordance with standards established by the secretary of state under 13-3-205.
(2) "Inaccessible" means not accessible under standards adopted pursuant to 13-3-205.
(3) "Rural polling place" means a location that is expected to serve less than 200 registered electors.
History: En. Sec. 2, Ch. 200, L. 1987; amd. Sec. 7, Ch. 472, L. 1997; amd. Sec. 1, Ch. 228, L. 2007; amd. Sec. 174, Ch. 49, L. 2015; amd. Sec. 7, Ch. 61, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 3. Precincts and Polling Places › Part 2. Accessibility of Polling Places › 13-3-203. Repealed

13-3-203. Repealed.
Sec. 7, Ch. 228, L. 2007.
History: En. Sec. 3, Ch. 200, L. 1987; amd. Sec. 8, Ch. 472, L. 1997.
2023 Montana Code Annotated › Title 13. Elections › Chapter 3. Precincts and Polling Places › Part 2. Accessibility of Polling Places › 13-3-205. Adoption of standards for polling place accessibility -- rulemaking authority

13-3-205. Adoption of standards for polling place accessibility -- rulemaking authority.
(1) The secretary of state, with advice from election administrators and individuals with disabilities, shall establish standards for accessibility of polling places.
(2) Standards for polling places approved pursuant to subsection (1) on or after October 1, 2005, must comply with the accessibility standards in the Americans With Disabilities Act of 1990, 42 U.S.C. 12101, et seq.
(3) The secretary of state:
(a) may adopt rules to implement the provisions of this part; and
(b) shall adopt rules to implement the exemption provisions of 13-3-212.
History: En. Sec. 5, Ch. 200, L. 1987; amd. Sec. 9, Ch. 472, L. 1997; amd. Sec. 2, Ch. 367, L. 2005; amd. Sec. 2, Ch. 228, L. 2007; amd. Sec. 12, Ch. 297, L. 2009; amd. Sec. 3, Ch. 166, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 3. Precincts and Polling Places › Part 2. Accessibility of Polling Places › 13-3-206. Survey of polling places to determine accessibility -- procedures

13-3-206. Survey of polling places to determine accessibility -- procedures.
(1) The election administrator shall conduct an onsite survey of each polling place used in an election to determine whether it meets the standards for accessibility established under 13-3-205.
(2) Each election administrator shall conduct the survey in a manner that represents the path of travel that an elector would reasonably be expected to take in order to reach the polling place on election day.
(3) A polling place that has been surveyed pursuant to this section need not be surveyed again unless:
(a) the conditions of accessibility change; or
(b) the initial survey results are inaccurate.
History: En. Sec. 6, Ch. 200, L. 1987; amd. Sec. 3, Ch. 228, L. 2007; amd. Sec. 13, Ch. 297, L. 2009; amd. Sec. 8, Ch. 61, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 3. Precincts and Polling Places › Part 2. Accessibility of Polling Places › 13-3-207. Polling place classifications

13-3-207. Polling place classifications.
As a result of the survey provided in 13-3-206, each polling place must be classified as:
(1) accessible; or
(2) inaccessible.
History: En. Sec. 7, Ch. 200, L. 1987; amd. Sec. 10, Ch. 472, L. 1997; amd. Sec. 4, Ch. 228, L. 2007.
2023 Montana Code Annotated › Title 13. Elections › Chapter 3. Precincts and Polling Places › Part 2. Accessibility of Polling Places › 13-3-208. Voter interface device availability

13-3-208. Voter interface device availability.
(1) The intent of this section is to:
(a) ensure that disabled electors have access to voting technology that allows the electors to cast ballots independently, privately, and securely;
(b) provide that votes cast using accessible voting technology are collected and counted in a manner that preserves secrecy; and
(c) comply with applicable federal and state law concerning accessibility for disabled electors.
(2) (a) Except as provided in subsection (2)(c):
(i) the election administrator shall ensure that at least one voter interface device is available at each polling place; and
(ii) in a mail ballot election, the election administrator shall ensure that voter interface devices are available at locations appropriate to provide accessibility for disabled electors.
(b) Each voter interface device must be set up and located in a manner that allows any elector using the device to cast a ballot independently and privately, including the provision of accommodations to provide a physical barrier or other method to ensure that the screen of the device is blocked from the view of others.
(c) A voter interface device is not required:
(i) if there are fewer than 200 registered electors eligible to vote in the election; or
(ii) for an irrigation district election.
(3) Subject to subsection (4):
(a) votes on a ballot produced by a voter interface device may be counted manually or using an automatic tabulating system;
(b) ballots counted manually must be counted in accordance with 13-15-206; and
(c) if ballots produced by a voter interface device cannot be processed through an automatic tabulator used in the county and the election administrator does not provide for the ballots to be counted manually, the election administrator may provide for the votes on each ballot produced by the device to be transcribed to the standard ballot form used in the precinct so that the ballots may be processed through an automatic tabulator used in the county.
(4) (a) If the voter interface device produces a ballot form that is distinguishable from the standard ballot form used in the precinct, the county election administrator shall take measures to protect the secrecy of the votes cast by an elector using the device.
(b) Measures to ensure secrecy may provide that votes on a ballot produced by the voter interface device are transcribed to the standard ballot form used in the precinct so that the ballots are indistinguishable from and counted with the other ballots.
(c) Measures must also include encouraging a portion of the nondisabled electors to use the device to cast their ballot.
(5) Any transcription of votes conducted pursuant to this section must be conducted in secret by at least three election officials in substantially the same manner as provided for in 13-13-246.
History: En. Sec. 1, Ch. 325, L. 2019; amd. Sec. 9, Ch. 61, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 3. Precincts and Polling Places › Part 2. Accessibility of Polling Places › 13-3-211. Emergency exemption

13-3-211. Emergency exemption.
(1) The secretary of state shall exempt a polling place from the requirements of this part if an emergency occurs within 10 days prior to an election. An emergency is considered to exist if a polling place becomes unavailable by reason of loss of lease, fire, snow, or natural disaster.
(2) If an emergency occurs, the election administrator in the county shall designate a new polling place in accordance with the procedure provided in 13-3-105. The new polling place is considered temporary and is exempt from the survey procedures established under 13-3-206. However, the polling place may not be used in a subsequent election unless it is surveyed as required in 13-3-206.
History: En. Sec. 8, Ch. 200, L. 1987; amd. Sec. 38, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 3. Precincts and Polling Places › Part 2. Accessibility of Polling Places › 13-3-212. Exemption if no accessible polling place is reasonably available

13-3-212. Exemption if no accessible polling place is reasonably available.
(1) If an election administrator desires to designate as a polling place a location that is inaccessible, the election administrator shall make a request in writing to the secretary of state asking that an inaccessible polling place be exempt from the standards for accessibility.
(2) The secretary of state may grant an exemption pursuant to rules adopted under 13-3-205 if all potential polling places have been surveyed and it is determined that:
(a) an accessible polling place is not available and the county or school district cannot safely or reasonably make a polling place temporarily accessible in the area involved; or
(b) the location is a rural polling place and designation of an accessible facility as a polling place will require excessive travel or impose other hardships for the majority of qualified electors in the precinct or school district.
History: En. Sec. 9, Ch. 200, L. 1987; amd. Sec. 5, Ch. 228, L. 2007; amd. Sec. 10, Ch. 61, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 3. Precincts and Polling Places › Part 2. Accessibility of Polling Places › 13-3-213. Alternative means for casting ballot

13-3-213. Alternative means for casting ballot.
(1) The election administrator shall provide individuals with disabilities an alternative means for casting a ballot on election day if they are assigned to an inaccessible polling place. These alternative means for casting a ballot include:
(a) delivery of a ballot to the elector as provided in 13-13-118;
(b) voting by absentee ballot in person at a designated voting station at the county election administrator's office; and
(c) prearranged assignment to an accessible polling place within the county.
(2) An elector with a disability assigned to an inaccessible polling place who desires to vote at an accessible polling place:
(a) shall request assignment to an accessible polling place by notifying the election administrator in writing at least 2 business days preceding the election;
(b) must be assigned to the nearest accessible polling place for the purpose of voting in the election;
(c) shall sign the elector's name on a special addendum to the official precinct register as required in subsection (4); and
(d) must receive the same ballot to which the elector is otherwise entitled.
(3) For the purpose of subsection (2), the ballot cast at an alternative polling place must be processed and counted in the same manner as an absentee ballot.
(4) The name of an elector who has been assigned to vote in a precinct other than the precinct in which the person is registered, as provided in subsection (2), must be printed on a special addendum to the precinct register in a form prescribed by the secretary of state.
History: En. Sec. 10, Ch. 200, L. 1987; amd. Sec. 11, Ch. 472, L. 1997; amd. Sec. 6, Ch. 228, L. 2007; amd. Sec. 11, Ch. 242, L. 2017; amd. Sec. 7, Ch. 368, L. 2017; amd. Sec. 11, Ch. 61, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 4. Election Judges › Part 1. Appointment › 13-4-101. Appointment of election judges

13-4-101. Appointment of election judges.
At least 30 days before the primary election in even-numbered years, the county governing body shall appoint three or more election judges for each precinct, one of whom must be designated chief judge.
History: En. Sec. 49, Ch. 368, L. 1969; amd. Sec. 1, Ch. 258, L. 1971; R.C.M. 1947, 23-3201(part); amd. Sec. 52, Ch. 571, L. 1979; amd. Sec. 1, Ch. 120, L. 1983; amd. Sec. 10, Ch. 414, L. 2003.
2023 Montana Code Annotated › Title 13. Elections › Chapter 4. Election Judges › Part 1. Appointment › 13-4-102. Manner of choosing election judges

13-4-102. Manner of choosing election judges.
(1) Subject to 13-4-107, election judges must be chosen from lists of qualified registered electors in the county, submitted at least 45 days before the primary election in even-numbered years by the county central committees of the political parties eligible to nominate candidates in the primary.
(2) The list of each party may contain more names than the number of election judges to be appointed. The names of those not appointed as election judges must be given to the election administrator for use in making appointments to fill vacancies.
(3) Each board of election judges must include judges representing all parties that have submitted lists as provided in subsection (1). No more than the number of election judges needed to obtain a simple majority may be appointed from the list of one political party in each county. If any of the political parties entitled to do so fail to submit a list meeting the requirements of this section, the governing body shall, to the extent possible, appoint judges so that all parties eligible to participate in the primary are represented on each board.
(4) The election administrator shall make appointments to fill vacancies from the list provided for in subsection (2). If the list is insufficient or if one or more of the eligible political parties fails to submit a list meeting the requirements of this section, the election administrator may select enough people meeting the qualifications of 13-4-107 to fill election judge vacancies in all precincts.
(5) An elector chosen to potentially serve as an election judge must be notified of selection at least 30 days before the primary election in even-numbered years. Each elector who agrees to serve as an election judge shall attend a training class conducted under 13-4-203 and shall continue to serve as provided in 13-4-103.
History: En. Sec. 50, Ch. 368, L. 1969; amd. Sec. 2, Ch. 258, L. 1971; amd. Sec. 1, Ch. 125, L. 1973; R.C.M. 1947, 23-3202; amd. Sec. 54, Ch. 571, L. 1979; amd. Sec. 1, Ch. 232, L. 1993; amd. Sec. 11, Ch. 414, L. 2003; amd. Sec. 14, Ch. 297, L. 2009; amd. Sec. 17, Ch. 242, L. 2011; amd. Sec. 1, Ch. 365, L. 2017.
2023 Montana Code Annotated › Title 13. Elections › Chapter 4. Election Judges › Part 1. Appointment › 13-4-103. Judges to serve until others appointed

13-4-103. Judges to serve until others appointed.
The election judges continue to be judges of all elections held in their county until other judges are appointed.
History: En. Sec. 51, Ch. 368, L. 1969; amd. Sec. 3, Ch. 258, L. 1971; R.C.M. 1947, 23-3203; amd. Sec. 55, Ch. 571, L. 1979; amd. Sec. 2, Ch. 365, L. 2017.
2023 Montana Code Annotated › Title 13. Elections › Chapter 4. Election Judges › Part 1. Appointment › 13-4-104. Election administrator to notify judges

13-4-104. Election administrator to notify judges.
The election administrator must notify the judges of their appointment and of the time set for instruction sessions.
History: En. Sec. 52, Ch. 368, L. 1969; amd. Sec. 4, Ch. 258, L. 1971; R.C.M. 1947, 23-3204(1); amd. Sec. 56, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 4. Election Judges › Part 1. Appointment › 13-4-105. Oath of judges

13-4-105. Oath of judges.
Before beginning service on each election day, the election judges must take and subscribe the official oath prescribed by the constitution. The election judges may administer the oath to each other.
History: En. Sec. 53, Ch. 368, L. 1969; R.C.M. 1947, 23-3205(1); amd. Sec. 57, Ch. 571, L. 1979; amd. Sec. 2, Ch. 232, L. 1993.
2023 Montana Code Annotated › Title 13. Elections › Chapter 4. Election Judges › Part 1. Appointment › 13-4-106. Compensation of judges

13-4-106. Compensation of judges.
(1) Except as provided in subsection (2), election judges must be paid at least the state or federal minimum wage, whichever is greater, for the number of hours worked during an election plus the number of hours spent at the instruction session. Mileage may be paid to election judges for attending instruction sessions. Election judges are exempt from unemployment insurance coverage for services performed pursuant to this chapter if the remuneration received by the election judge is less than $1,000 in the calendar year.
(2) The chief election judge may be paid at a rate higher than the other election judges and may be reimbursed for the actual expenses of transporting election materials.
(3) The election administrator shall certify the amount due each election judge to the county governing body as soon after an election as all records necessary for the certification are received.
History: En. Sec. 55, Ch. 368, L. 1969; R.C.M. 1947, 23-3207; amd. Sec. 58, Ch. 571, L. 1979; amd. Sec. 7, Ch. 591, L. 1991; amd. Sec. 1, Ch. 195, L. 1995; amd. Sec. 1, Ch. 44, L. 2001; amd. Sec. 1, Ch. 47, L. 2003; amd. Sec. 15, Ch. 297, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 4. Election Judges › Part 1. Appointment › 13-4-107. Qualifications of election judges

13-4-107. Qualifications of election judges.
(1) Election judges must be registered electors of the county in which they serve.
(2) No election judge may be a candidate or a spouse, ascendant, descendant, brother, or sister of a candidate or a candidate's spouse or the spouse of any of these in an election precinct where the candidate's name appears on the ballot. However, this does not apply to candidates for precinct offices.
(3) If a polling place for a precinct is located in the same venue as one or more other precincts, a candidate whose name appears on any ballot being voted on within the venue, an ascendant, descendant, brother, sister, or spouse of the candidate, or a spouse of an ascendant, descendant, brother, or sister of the candidate may not serve as an election judge within the venue.
History: En. Sec. 53, Ch. 571, L. 1979; amd. Sec. 3, Ch. 365, L. 2017.
2023 Montana Code Annotated › Title 13. Elections › Chapter 4. Election Judges › Part 2. Functions › 13-4-201. Duties of chief election judge

13-4-201. Duties of chief election judge.
The chief election judge shall be responsible for the conduct of the proceedings in the polling place, shall assign duties to other members of the board of election judges, and, if assigned to work through the close of the polls, shall be responsible for the return of or for arranging the return of all ballots and election supplies to the election administrator.
History: En. Sec. 52, Ch. 368, L. 1969; amd. Sec. 4, Ch. 258, L. 1971; R.C.M. 1947, 23-3204(2), (3); amd. Sec. 59, Ch. 571, L. 1979; amd. Sec. 3, Ch. 232, L. 1993.
2023 Montana Code Annotated › Title 13. Elections › Chapter 4. Election Judges › Part 2. Functions › 13-4-202. Administration of oaths

13-4-202. Administration of oaths.
Any election judge may administer and certify oaths required from electors or election judges during an election.
History: En. Sec. 53, Ch. 368, L. 1969; R.C.M. 1947, 23-3205(2); amd. Sec. 60, Ch. 571, L. 1979; amd. Sec. 16, Ch. 297, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 4. Election Judges › Part 2. Functions › 13-4-203. Instruction of judges -- training materials

13-4-203. Instruction of judges -- training materials.
(1) Before each election, all election judges must be instructed by the election administrator on current procedures as prescribed by the secretary of state. In precincts where voting systems are used, instructions must cover both how to operate the voting system and how to manually process any paper ballots.
(2) An election administrator may require a chief election judge to attend the training session before each election, as well as a special session that the election administrator may hold for chief election judges only, even if the chief election judge possesses a current certificate of completion pursuant to 13-1-203(5)(b).
(3) Any individual willing to be appointed as an election judge may attend an instruction session by registering with the election administrator. However, the individual may not be paid for attendance unless the individual is appointed as an election judge.
(4) Each election judge completing a training session under this section must be given a certificate of completion. An individual may not serve as an election judge without a current certificate. However, this requirement does not apply to individuals filling vacancies in emergencies.
(5) A certificate of completion is current if the certificate is obtained before the primary election in an even-numbered year.
(6) Notice of the place and time of instruction must be given by the election administrator to the presiding officers of the political parties in the county.
History: En. Sec. 54, Ch. 368, L. 1969; amd. Sec. 5, Ch. 258, L. 1971; R.C.M. 1947, 23-3206; amd. Sec. 61, Ch. 571, L. 1979; amd. Sec. 12, Ch. 414, L. 2003; amd. Sec. 17, Ch. 297, L. 2009; amd. Sec. 2, Ch. 209, L. 2015; amd. Sec. 8, Ch. 368, L. 2017.
2023 Montana Code Annotated › Title 13. Elections › Chapter 4. Election Judges › Part 2. Functions › 13-4-204. Repealed

13-4-204. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 49, Ch. 368, L. 1969; amd. Sec. 1, Ch. 258, L. 1971; R.C.M. 1947, 23-3201(part).
2023 Montana Code Annotated › Title 13. Elections › Chapter 4. Election Judges › Part 2. Functions › 13-4-205. Repealed

13-4-205. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 49, Ch. 368, L. 1969; amd. Sec. 1, Ch. 258, L. 1971; R.C.M. 1947, 23-3201(3).
2023 Montana Code Annotated › Title 13. Elections › Chapter 4. Election Judges › Part 2. Functions › 13-4-206. Repealed

13-4-206. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 49, Ch. 368, L. 1969; amd. Sec. 1, Ch. 258, L. 1971; R.C.M. 1947, 23-3201(4).
2023 Montana Code Annotated › Title 13. Elections › Chapter 4. Election Judges › Part 2. Functions › 13-4-207. Judges to remain at polls -- emergency provisions -- part-time service

13-4-207. Judges to remain at polls -- emergency provisions -- part-time service.
(1) Election judges may not leave the premises on which the polling place is located during the hours they are assigned to work unless permission to leave is given by the chief election judge for that precinct. Permission may be granted only for illness or a family emergency.
(2) A chief election judge must obtain the permission of the election administrator to leave the polling place premises because of illness or an emergency. If the chief judge is excused, the election administrator shall appoint one of the other judges to act as chief election judge.
(3) The time of departure and reason for leaving shall be entered near the oath form subscribed by the election judge or on a form provided by the election administrator. The chief election judge shall sign the entry.
(4) The election administrator may appoint a judge to replace an excused judge or one who fails to appear.
(5) The election administrator may assign a judge or chief election judge to work less than a full polling day, but at least three judges, including a chief election judge, must be on duty during the time that the polls are open.
History: En. Sec. 62, Ch. 571, L. 1979; amd. Sec. 4, Ch. 232, L. 1993; amd. Sec. 18, Ch. 242, L. 2011.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 1. General Provisions (Repealed) › 13-10-101. Repealed

13-10-101. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 58, Ch. 368, L. 1969; R.C.M. 1947, 23-3303.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 1. General Provisions (Repealed) › 13-10-102. Repealed

13-10-102. Repealed.
Sec. 11, Ch. 52, L. 1993.
History: En. Sec. 1, Ch. 2, Sp. L. January 1992.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 2. Preprimary Procedures › 13-10-202. Filing fees

13-10-202. Filing fees.
Filing fees are as follows:
(1) for offices having an annual salary of $2,500 or less and candidates for the legislature, $15;
(2) for county offices having an annual salary of more than $2,500, 0.5% of the total annual salary;
(3) for president, an amount equivalent to the filing fee required for a United States senate candidate;
(4) for other offices having an annual salary of more than $2,500, 1% of the total annual salary;
(5) for offices in which compensation is paid in fees, $10;
(6) for officers of political parties, presidential electors, and officers who receive no salary or fees, no filing fee is required.
History: En. Sec. 59, Ch. 368, L. 1969; amd. Sec. 1, Ch. 28, L. 1973; amd. Sec. 1, Ch. 246, L. 1975; amd. Sec. 14, Ch. 365, L. 1977; R.C.M. 1947, 23-3304(5); amd. Sec. 64, Ch. 571, L. 1979; amd. Sec. 1, Ch. 172, L. 2017; amd. Sec. 1, Ch. 462, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 2. Preprimary Procedures › 13-10-203. Indigent candidates

13-10-203. Indigent candidates.
If an individual is unable to pay a filing fee, the filing officer shall accept the following documents in lieu of a filing fee:
(1) from a successful write-in candidate, a statement that the candidate is unable to pay the filing fee;
(2) from a candidate for nomination, a statement that the candidate is unable to pay the filing fee and a written petition for nomination as a candidate that meets the following requirements:
(a) the petition contains the name of the office to be filled and the candidate's name and residence address;
(b) the petition contains signatures numbering 5% or more of the total vote cast for the successful candidate for the same office at the last general election;
(c) the signatures are those of electors residing within the political subdivision of the state in which the candidate petitions for nomination; and
(d) the signatures have been submitted to the appropriate election administrator at least 1 week prior to the applicable deadline in 13-10-201(7) and have been certified by the appropriate election administrator by the procedure provided in 13-27-303 and 13-27-304.
History: En. Sec. 59, Ch. 368, L. 1969; amd. Sec. 1, Ch. 28, L. 1973; amd. Sec. 1, Ch. 246, L. 1975; amd. Sec. 14, Ch. 365, L. 1977; R.C.M. 1947, 23-3304(7); amd. Sec. 65, Ch. 571, L. 1979; amd. Sec. 39, Ch. 56, L. 2009; amd. Sec. 20, Ch. 242, L. 2011; amd. Sec. 14, Ch. 336, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 2. Preprimary Procedures › 13-10-204. Write-in nominations

13-10-204. Write-in nominations.
An individual nominated by having the individual's name written in and counted as provided in 13-15-206(5) or otherwise placed on the primary ballot and desiring to accept the nomination may not have the individual's name appear on the general election ballot unless the individual:
(1) received at least 5% of the total votes cast for the successful candidate for the same office at the last general election;
(2) files with the secretary of state or election administrator, no later than 10 days after the official canvass, a written declaration indicating acceptance of the nomination; and
(3) complies with the provisions of 13-37-126.
History: En. Sec. 59, Ch. 368, L. 1969; amd. Sec. 1, Ch. 28, L. 1973; amd. Sec. 1, Ch. 246, L. 1975; amd. Sec. 14, Ch. 365, L. 1977; R.C.M. 1947, 23-3304(6); amd. Sec. 66, Ch. 571, L. 1979; amd. Sec. 13, Ch. 414, L. 2003; amd. Sec. 7, Ch. 586, L. 2005; amd. Sec. 6, Ch. 273, L. 2007; amd. Sec. 1, Ch. 206, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 2. Preprimary Procedures › 13-10-205. Register of candidates

13-10-205. Register of candidates.
The secretary of state and the election administrator may each keep a register of candidates who file with their respective offices. The register shall provide a complete record of the requisite information pertaining to all candidates in the primary and general election. Information on ballot issues may also be included in the register. The secretary of state may prepare and distribute a recommended format for the register.
History: En. Sec. 61, Ch. 368, L. 1969; R.C.M. 1947, 23-3306(1), (2); amd. Sec. 67, Ch. 571, L. 1979; amd. Sec. 1, Ch. 99, L. 1987.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 2. Preprimary Procedures › 13-10-206. Repealed

13-10-206. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 61, Ch. 368, L. 1969; R.C.M. 1947, 23-3306(3).
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 2. Preprimary Procedures › 13-10-207. Repealed

13-10-207. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 61, Ch. 368, L. 1969; R.C.M. 1947, 23-3306(4).
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 2. Preprimary Procedures › 13-10-208. Certification of candidate names and ballot issues for ballot -- preparing ballot

13-10-208. Certification of candidate names and ballot issues for ballot -- preparing ballot.
(1) Ten days after the close of candidate filing under 13-10-201(7) for a primary election, the secretary of state shall certify to the election administrators the names and designations of candidates who have filed with the secretary of state, subject to 13-37-126, and any ballot issues as shown in the official records of the secretary of state's office in the manner provided in 13-10-209 and Title 13, chapter 12, part 2.
(2) On receiving the secretary of state's certification pursuant to subsection (1), the county election administrator shall certify the names and designations of all candidates whose names are entitled to appear on the ballot, subject to 13-37-126, and any ballot issues as shown in the official record of the county election administrator's office and shall have the official ballots prepared in the manner provided in 13-10-209 and Title 13, chapter 12, part 2.
(3) If a candidate for the legislature is no longer eligible under Article V, section 4, of the Montana constitution to seek the office for which the candidate has filed because the candidate has changed residence, the secretary of state shall notify the candidate that the candidate is required to withdraw as provided in 13-10-325.
History: En. Sec. 62, Ch. 368, L. 1969; R.C.M. 1947, 23-3307; amd. Sec. 68, Ch. 571, L. 1979; amd. Sec. 26, Ch. 250, L. 1985; amd. Sec. 3, Ch. 74, L. 1993; amd. Sec. 14, Ch. 414, L. 2003; amd. Sec. 2, Ch. 292, L. 2009; amd. Sec. 176, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 2. Preprimary Procedures › 13-10-209. Arrangement and preparing of primary ballots

13-10-209. Arrangement and preparing of primary ballots.
(1) (a) Ballots for a primary election must be arranged and prepared in the same manner and number as provided in chapter 12 for general election ballots, except that there must be separate ballots for each political party entitled to participate. The name of the political party must appear at the top of the separate ballot for that party and need not appear with each candidate's name.
(b) Nonpartisan offices and ballot issues may be prepared on separate ballots or may appear on the same ballot as partisan offices if:
(i) each section is clearly identified as separate; and
(ii) the nonpartisan offices and ballot issues appear on each party's ballot.
(2) Except as provided in subsection (3), an election administrator does not need to prepare a primary ballot for a political party if:
(a) the party does not have candidates for more than half of the offices to appear on the ballot; and
(b) no more than one candidate files for nomination by that party for any of the offices to appear on the ballot.
(3) Subsection (2) does not apply to elections for precinct committee offices. If more than one candidate files for a precinct committee office from a party that will not have a primary ballot prepared, that party shall select the candidate to fill the office.
(4) If, pursuant to subsection (2), in a primary election held in an even-numbered year a primary ballot for a political party is not prepared, the secretary of state shall certify that a primary election is unnecessary for that party and shall instruct the election administrator to certify the names of the candidates for that party for the general election ballot only.
(5) The separate ballots for each party must have the same appearance. Each set of party ballots must bear the same number. If prepared as a separate ballot, the nonpartisan ballot may have a different appearance than the party ballots but must be numbered in the same order as the party ballots.
(6) If a ballot issue is to be voted on at a primary election, it may be placed on the nonpartisan ballot or a separate ballot. A separate ballot may have a different appearance than the other ballots in the election but must be numbered in the same order.
(7) Each elector must receive a set of ballots that includes the party, nonpartisan, and ballot issue choices.
History: En. Sec. 63, Ch. 368, L. 1969; amd. Sec. 2, Ch. 28, L. 1973; amd. Sec. 16, Ch. 365, L. 1977; R.C.M. 1947, 23-3308(1), (2), (7); amd. Sec. 69, Ch. 571, L. 1979; amd. Sec. 5, Ch. 298, L. 1987; amd. Sec. 1, Ch. 537, L. 2001; amd. Sec. 15, Ch. 414, L. 2003; amd. Sec. 8, Ch. 586, L. 2005; amd. Sec. 7, Ch. 273, L. 2007; amd. Sec. 21, Ch. 242, L. 2011; amd. Sec. 15, Ch. 336, L. 2013; amd. Sec. 177, Ch. 49, L. 2015.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 2. Preprimary Procedures › 13-10-210. Repealed

13-10-210. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 64, Ch. 368, L. 1969; R.C.M. 1947, 23-3309.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 3. Primary Election Procedure › 13-10-301. Casting of ballot

13-10-301. Casting of ballot.
(1) Unless otherwise provided by law, the conduct of the primary election, the voting procedure, the counting, tallying, and return of ballots and all election records and supplies, the canvass of votes, the certification and notification of nominees, recounts, procedures upon tie votes, and any other necessary election procedures must be at the same times and in the same manner as provided for in the laws for the general election.
(2) At a primary election, the elector shall cast votes on only one of the party ballots, preparing the ballot as provided in 13-13-117. After casting votes on any other ballots received other than the party ballots, the elector shall ensure the proper disposition of the ballots in accordance with instructions provided pursuant to 13-13-112.
(3) The elector's ballot must be handled as prescribed in 13-13-117.
History: En. Sec. 63, Ch. 368, L. 1969; amd. Sec. 2, Ch. 28, L. 1973; amd. Sec. 16, Ch. 365, L. 1977; R.C.M. 1947, 23-3308(8), (9); amd. Sec. 70, Ch. 571, L. 1979; amd. Sec. 17, Ch. 414, L. 2003; amd. Sec. 9, Ch. 273, L. 2007.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 3. Primary Election Procedure › 13-10-302. Write-in votes for previously nominated candidates

13-10-302. Write-in votes for previously nominated candidates.
(1) Subject to subsection (2), if an elector casts a write-in vote for a candidate on a primary party ballot when the candidate's name also appears or is written in for the same office on another party's ballot, the write-in vote counts only with respect to the party on whose ballot the write-in vote was cast and the write-in votes, if on multiple parties' ballots, and the votes cast for the candidate on the other party's ballots may not be added together.
(2) A write-in vote must be counted as provided in 13-15-206(5).
History: En. Sec. 63, Ch. 368, L. 1969; amd. Sec. 2, Ch. 28, L. 1973; amd. Sec. 16, Ch. 365, L. 1977; R.C.M. 1947, 23-3308(3); amd. Sec. 71, Ch. 571, L. 1979; amd. Sec. 2, Ch. 143, L. 1995; amd. Sec. 2, Ch. 15, L. 2001; amd. Sec. 18, Ch. 414, L. 2003; amd. Sec. 10, Ch. 586, L. 2005; amd. Sec. 17, Ch. 336, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 3. Primary Election Procedure › 13-10-303. Nominations by more than one party

13-10-303. Nominations by more than one party.
If an individual is nominated by more than one party, the individual shall, not later than 10 days after the election, file written notification with the secretary of state or election administrator indicating the party under which the individual's name is to appear upon the ballot for the general election. If the individual fails to notify the proper officers, the individual's name must appear under the party with whom the declaration for nomination was filed if a declaration was filed. If an individual did not file a declaration or acceptance of nomination and fails to notify the proper officers, the individual's name must appear on the ballot without a party designation.
History: En. Sec. 63, Ch. 368, L. 1969; amd. Sec. 2, Ch. 28, L. 1973; amd. Sec. 16, Ch. 365, L. 1977; R.C.M. 1947, 23-3308(4); amd. Sec. 72, Ch. 571, L. 1979; amd. Sec. 19, Ch. 414, L. 2003.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 3. Primary Election Procedure › 13-10-304. Repealed

13-10-304. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 63, Ch. 368, L. 1969; amd. Sec. 2, Ch. 28, L. 1973; amd. Sec. 16, Ch. 365, L. 1977; R.C.M. 1947, 23-3308(5).
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 3. Primary Election Procedure › 13-10-305. Independent forfeits place on ballot

13-10-305. Independent forfeits place on ballot.
An individual who has filed as an independent candidate forfeits the individual's place on the general election ballot as an independent candidate if the individual accepts a write-in nomination for an office as provided in 13-10-204.
History: En. Sec. 63, Ch. 368, L. 1969; amd. Sec. 2, Ch. 28, L. 1973; amd. Sec. 16, Ch. 365, L. 1977; R.C.M. 1947, 23-3308(6); amd. Sec. 73, Ch. 571, L. 1979; amd. Sec. 40, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 3. Primary Election Procedure › 13-10-311. Election judges' duties when preparing for count

13-10-311. Election judges' duties when preparing for count.
(1) Except as otherwise provided in this section, election judges at the primary election shall prepare for a count of votes in the manner prescribed in 13-15-201.
(2) In preparing for a count, the election judges shall:
(a) separate the ballots for each political party and count each party's ballots separately;
(b) reconcile the total number of party ballots and the separate total number of other ballots used at the election with the number of electors voting. Any discrepancies in the reconciliations must be handled as provided in 13-15-201.
(c) list each party's candidates separately in the tally books; and
(d) bundle the voted ballots for each party separately for return to the election administrator. The unvoted ballots must be bundled in accordance with rules established pursuant to 13-12-202.
History: En. Sec. 65, Ch. 368, L. 1969; R.C.M. 1947, 23-3310; amd. Sec. 74, Ch. 571, L. 1979; amd. Sec. 20, Ch. 414, L. 2003; amd. Sec. 10, Ch. 273, L. 2007.
2023 Montana Code Annotated › Title 13. Elections › Chapter 10. Primary Elections and Nominations › Part 3. Primary Election Procedure › 13-10-312. Repealed

13-10-312. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 66, Ch. 368, L. 1969; amd. Sec. 17, Ch. 365, L. 1977; R.C.M. 1947, 23-3311.