reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 13. Elections › Chapter 12. Election Supplies and Ballots › Part 2. Ballots › 13-12-207. Order of placement

13-12-207. Order of placement.
(1) The order on the ballot for state and federal offices must be as follows:
(a) If the election is in a year in which a president of the United States is to be elected, in spaces separated from the balance of the party tickets by a line must be the names and spaces for voting for candidates for president and vice president. The names of candidates for president and vice president for each political party must be grouped together.
(b) United States senator;
(c) United States representative;
(d) governor and lieutenant governor;
(e) secretary of state;
(f) attorney general;
(g) state auditor;
(h) state superintendent of public instruction;
(i) public service commissioners;
(j) clerk of the supreme court;
(k) chief justice of the supreme court;
(l) justices of the supreme court;
(m) district court judges;
(n) state senators;
(o) members of the Montana house of representatives.
(2) The following order of placement must be observed for county offices:
(a) clerk of the district court;
(b) county commissioner;
(c) county clerk and recorder;
(d) sheriff;
(e) coroner;
(f) county attorney;
(g) county superintendent of schools;
(h) county auditor;
(i) public administrator;
(j) county assessor;
(k) county treasurer;
(l) surveyor;
(m) justice of the peace.
(3) The secretary of state shall designate the order for placement on the ballot of any offices not on the above lists, except that the election administrator shall designate the order of placement for municipal, charter, or consolidated local government offices and district offices when the district is part of only one county.
(4) Constitutional amendments must be placed before statewide referendum and initiative measures. Ballot issues for a county, municipality, school district, or other political subdivision must follow statewide measures in the order designated by the election administrator.
(5) If any offices are not to be elected they may not be listed, but the order of the offices to be filled must be maintained.
(6) If there is a short-term and a long-term election for the same office, the long-term office must precede the short-term.
History: Ap. p. Sec. 96, Ch. 368, L. 1969; amd. Sec. 5, Ch. 28, L. 1973; amd. Sec. 22, Ch. 315, L. 1974; amd. Sec. 29, Ch. 365, L. 1977; amd. Sec. 3, Ch. 468, L. 1977; Sec. 23-3513, R.C.M. 1947; Ap. p. Sec. 100, Ch. 368, L. 1969; Sec. 23-3517, R.C.M. 1947; R.C.M. 1947, 23-3513, 23-3517(1), (2); amd. Sec. 97, Ch. 571, L. 1979; amd. Sec. 13, Ch. 7, L. 2001; amd. Sec. 15, Ch. 273, L. 2007; amd. Sec. 28, Ch. 242, L. 2011.
2023 Montana Code Annotated › Title 13. Elections › Chapter 12. Election Supplies and Ballots › Part 2. Ballots › 13-12-208. Repealed

13-12-208. Repealed.
Sec. 91, Ch. 414, L. 2003.
History: En. Sec. 97, Ch. 368, L. 1969; R.C.M. 1947, 23-3514; amd. Sec. 98, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 12. Election Supplies and Ballots › Part 2. Ballots › 13-12-209. Repealed

13-12-209. Repealed.
Sec. 91, Ch. 414, L. 2003.
History: En. Sec. 98, Ch. 368, L. 1969; amd. Sec. 1, Ch. 414, L. 1975; amd. Sec. 30, Ch. 365, L. 1977; R.C.M. 1947, 23-3515; amd. Sec. 99, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 12. Election Supplies and Ballots › Part 2. Ballots › 13-12-210. Number of ballots to be provided for each precinct

13-12-210. Number of ballots to be provided for each precinct.
(1) The election administrator shall provide each election precinct with sufficient ballots for the electors registered, plus an extra supply to cover spoiled ballots.
(2) The election administrator shall keep a record in the administrator's office showing the exact number of ballots that are delivered to the election judges of each precinct.
History: En. Sec. 99, Ch. 368, L. 1969; R.C.M. 1947, 23-3516; amd. Sec. 100, Ch. 571, L. 1979; amd. Sec. 45, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 12. Election Supplies and Ballots › Part 2. Ballots › 13-12-211. Repealed

13-12-211. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 90, Ch. 368, L. 1969; R.C.M. 1947, 23-3507.
2023 Montana Code Annotated › Title 13. Elections › Chapter 12. Election Supplies and Ballots › Part 2. Ballots › 13-12-212. Election administrator to provide official ballots -- other ballots prohibited

13-12-212. Election administrator to provide official ballots -- other ballots prohibited.
Each election administrator shall provide the official ballots for every election conducted by the election administrator. A ballot other than an official ballot may not be cast or counted in any election.
History: En. Sec. 89, Ch. 368, L. 1969; amd. Sec. 27, Ch. 365, L. 1977; R.C.M. 1947, 23-3506; amd. Sec. 101, Ch. 571, L. 1979; amd. Sec. 26, Ch. 414, L. 2003.
2023 Montana Code Annotated › Title 13. Elections › Chapter 12. Election Supplies and Ballots › Part 2. Ballots › 13-12-213. Repealed

13-12-213. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 91, Ch. 368, L. 1969; R.C.M. 1947, 23-3508(1) thru (3).
2023 Montana Code Annotated › Title 13. Elections › Chapter 12. Election Supplies and Ballots › Part 2. Ballots › 13-12-214. Sample ballots

13-12-214. Sample ballots.
The election administrator may have sample ballots printed in a number sufficient to answer requests from the political parties, schools, and electors. Sample ballots must be duplicates of the official ballots but must be clearly distinguishable from official ballots and may not have perforated stubs or be numbered.
History: En. Sec. 102, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 1. Procedure at Polling Place › 13-13-101. Duties -- proclamation prior to opening and closing polls

13-13-101. Duties -- proclamation prior to opening and closing polls.
(1) The election judges shall meet at their assigned polling places at the time set by the election administrator. The judges shall take and subscribe the official oath prescribed by the constitution. They may administer the oath to each other. The judges shall check all supplies and complete preparations for voting before the time set for opening the polls, under the direction of the chief election judge.
(2) Before the polls are opened or closed, that fact must be proclaimed at the place of election.
History: En. Sec. 102, Ch. 368, L. 1969; R.C.M. 1947, 23-3602; amd. Sec. 103, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 1. Procedure at Polling Place › 13-13-102. Repealed

13-13-102. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 101, Ch. 368, L. 1969; R.C.M. 1947, 23-3601.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 1. Procedure at Polling Place › 13-13-103. Repealed

13-13-103. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 103, Ch. 368, L. 1969; R.C.M. 1947, 23-3603.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 1. Procedure at Polling Place › 13-13-104. Repealed

13-13-104. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 110, Ch. 368, L. 1969; amd. Sec. 3, Ch. 254, L. 1971; amd. Sec. 32, Ch. 365, L. 1977; R.C.M. 1947, 23-3610.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 1. Procedure at Polling Place › 13-13-105. Repealed

13-13-105. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 104, Ch. 368, L. 1969; R.C.M. 1947, 23-3604.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 1. Procedure at Polling Place › 13-13-106. Repealed

13-13-106. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 106, Ch. 368, L .1969; amd. Sec. 31, Ch. 365, L. 1977; R.C.M. 1947, 23-3606.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 1. Procedure at Polling Place › 13-13-107. Repealed

13-13-107. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: (1)En. Sec. 107, Ch. 368, L. 1969; amd. Sec. 42, Ch. 334, L. 1977; Sec. 23-3607, R.C.M. 1947; (2)En. Sec. 108, Ch. 368, L. 1969; Sec. 23-3608, R.C.M. 1947; R.C.M. 1947, 23-3607, 23-3608.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 1. Procedure at Polling Place › 13-13-108. Repealed

13-13-108. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 109, Ch. 368, L. 1969; R.C.M. 1947, 23-3609.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 1. Procedure at Polling Place › 13-13-109. Repealed

13-13-109. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 118, Ch. 368, L. 1969; R.C.M. 1947, 23-3618.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 1. Procedure at Polling Place › 13-13-110. Repealed

13-13-110. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 105, Ch. 368, L. 1969; amd. Sec. 41, Ch. 334, L. 1977; R.C.M. 1947, 23-3605.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 1. Procedure at Polling Place › 13-13-111. Provision and use of voting stations

13-13-111. Provision and use of voting stations.
(1) The election administrator shall provide a sufficient number of voting stations to allow voting to proceed with as little delay as possible.
(2) Voting stations must be arranged in a manner that will not permit any other individual to see how the elector votes or has voted.
(3) No more than one individual may occupy a voting station at one time, except when assistance is furnished to an elector as provided by law.
(4) An individual may not occupy a voting station longer than is reasonably necessary to prepare the elector's ballot, after which the election judges may effect the removal of the elector from the station.
History: En. Sec. 104, Ch. 571, L. 1979; amd. Sec. 27, Ch. 414, L. 2003; amd. Sec. 29, Ch. 242, L. 2011.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 1. Procedure at Polling Place › 13-13-112. Display of instructions for electors

13-13-112. Display of instructions for electors.
(1) Except as provided in subsection (3), instructions for electors on how to prepare their ballots or use a voting system must be posted in each voting station provided for the preparation of ballots.
(2) The instructions must be in easily read type, 18 point or larger, and explain:
(a) how to obtain ballots for voting;
(b) how to prepare ballots, including how to:
(i) cast a valid vote, including a valid vote for a write-in candidate;
(ii) correct a mistake; and
(iii) ensure the proper disposition of the ballot after the elector is finished voting;
(c) how to obtain a new ballot in place of one spoiled by accident; and
(d) how to vote provisionally pursuant to 13-13-601.
(3) The information required in subsection (2) must also be posted at each polling place along with the election date, the hours the polls are open, and instructions for mail-in registrants and first-time voters.
(4) If the instructions for use of a voting system are printed on the system or are part of a ballot package given to each elector, separate instructions need not be posted in the voting station.
(5) Sample ballots, clearly marked "sample" across the face, must be posted in at least one conspicuous location at each polling place. If an election administrator has the capacity to print a larger version of a sample ballot, a sample ballot must be printed and displayed in a size larger than an actual ballot.
History: En. Sec. 105, Ch. 571, L. 1979; amd. Sec. 13, Ch. 200, L. 1987; amd. Sec. 28, Ch. 414, L. 2003; amd. Sec. 20, Ch. 475, L. 2003; amd. Sec. 30, Ch. 242, L. 2011; amd. Sec. 22, Ch. 336, L. 2013; amd. Sec. 1, Ch. 135, L. 2019.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 1. Procedure at Polling Place › 13-13-113. Warning notice to be posted

13-13-113. Warning notice to be posted.
(1) Warning notices must be posted in conspicuous places in the polling place. Each notice must be headed "WARNING" in large letters and must state:
"The sections of law printed below list specific conduct or actions which may cause an elector to be subject to criminal prosecution. This is not intended to be a complete printing of all laws pertaining to election violations."
(2) Below this statement must be printed the text for sections 13-35-201, 13-35-202, 13-35-206, 13-35-211, 13-35-214, 13-35-217, and 13-35-218.
(3) The notice may also contain any other information prescribed by the secretary of state.
History: En. Sec. 106, Ch. 571, L. 1979; amd. Sec. 31, Ch. 242, L. 2011.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 1. Procedure at Polling Place › 13-13-114. Voter identification and marking precinct register book before elector votes -- provisional voting

13-13-114. Voter identification and marking precinct register book before elector votes -- provisional voting.
(1) (a) Except as provided in subsection (2), before an elector is permitted to receive a ballot or vote, the elector shall present to an election judge one of the following forms of identification showing the elector's name:
(i) a Montana driver's license, Montana state identification card issued pursuant to 61-12-501, military identification card, tribal photo identification card, United States passport, or Montana concealed carry permit; or
(ii) (A) a current utility bill, bank statement, paycheck, government check, or other government document that shows the elector's name and current address; and
(B) photo identification that shows the elector's name, including but not limited to a school district or postsecondary education photo identification.
(b) An elector who provides the information listed in subsection (1)(a) may sign the precinct register and must be provided with a regular ballot to vote.
(c) If the information provided in subsection (1)(a) differs from information in the precinct register but an election judge determines that the information provided is sufficient to verify the voter's identity and eligibility to vote pursuant to 13-2-512, the elector may sign the precinct register, complete a new registration form to correct the elector's voter registration information, and vote.
(d) An election judge shall write "registration form" beside the name of any elector submitting a form.
(2) If the elector is unable to present the information required by subsection (1) or if the information presented under subsection (1) is insufficient to verify the elector's identity and eligibility to vote or if the elector's name does not appear in the precinct register or appears in the register as provisionally registered and this provisional registration status cannot be resolved at the polling place, the elector may sign the precinct register and cast a provisional ballot as provided in 13-13-601.
(3) If the elector fails or refuses to sign the elector's name or if the elector is disabled and a fingerprint, an identifying mark, or a signature by a person authorized to sign for the elector pursuant to 13-1-116 is not provided, the elector may cast a provisional ballot as provided in 13-13-601.
History: En. Sec. 107, Ch. 571, L. 1979; amd. Sec. 10, Ch. 591, L. 1991; amd. Sec. 21, Ch. 475, L. 2003; amd. Sec. 3, Ch. 367, L. 2005; amd. Sec. 32, Ch. 242, L. 2011; amd. Sec. 11, Ch. 368, L. 2017; amd. Sec. 2, Ch. 254, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 1. Procedure at Polling Place › 13-13-115. Recording number of voters and ballots

13-13-115. Recording number of voters and ballots.
The election administrator in each precinct shall use a precinct register, pollbook, or some other method to record the number of individuals voting and the number of ballots cast that conforms to the method prescribed by the secretary of state in accordance with rules adopted pursuant to 13-12-202.
History: En. Sec. 108, Ch. 571, L. 1979; amd. Sec. 11, Ch. 591, L. 1991; amd. Sec. 29, Ch. 414, L. 2003.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 1. Procedure at Polling Place › 13-13-116. Paper ballots to be marked -- one ballot to elector

13-13-116. Paper ballots to be marked -- one ballot to elector.
(1) Before delivering a paper ballot to an elector, the election judges shall ensure that the ballot is individually stamped with the words "official ballot" without part of the mark appearing on the stub, if any.
(2) Each elector must receive from the election judges one of each type of ballot for which the elector is eligible.
History: En. Sec. 109, Ch. 571, L. 1979; amd. Sec. 6, Ch. 298, L. 1987; amd. Sec. 8, Ch. 390, L. 1993; amd. Sec. 30, Ch. 414, L. 2003; amd. Sec. 33, Ch. 242, L. 2011.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 1. Procedure at Polling Place › 13-13-117. Method of voting

13-13-117. Method of voting.
(1) (a) After marking the precinct register pursuant to 13-13-115 and receiving a ballot, an elector shall immediately retire to a voting station and prepare the elector's ballot in the manner prescribed in the instructions provided pursuant to 13-13-112.
(b) An elector who spoils the elector's ballot must be provided with another ballot in place of the spoiled ballot.
(2) (a) After the elector has completed voting, the elector shall ensure the proper disposition of the elector's ballot in accordance with instructions provided pursuant to 13-13-112.
(b) An election judge or voting system shall place the ballot in the ballot box immediately without allowing anyone to examine the ballot. Nothing other than a ballot may be put in a ballot box.
History: En. Sec. 110, Ch. 571, L. 1979; amd. Sec. 7, Ch. 298, L. 1987; amd. Sec. 2, Ch. 391, L. 1989; amd. Sec. 1, Ch. 134, L. 2001; amd. Sec. 31, Ch. 414, L. 2003; amd. Sec. 16, Ch. 273, L. 2007.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 1. Procedure at Polling Place › 13-13-118. Taking ballot to disabled elector

13-13-118. Taking ballot to disabled elector.
(1) An elector able to come to the premises where a polling place is located but unable to enter the polling place because of a disability may contact the election administrator prior to coming to the premises and request that a ballot be delivered to the elector outside the building where the polling place is located. The chief election judge shall appoint two election judges who, if possible, represent different political parties to take the ballot to the elector. The elector may request assistance in marking the ballot as provided in 13-13-119.
(2) The judges shall have the elector sign an oath form stating that the elector is entitled to vote and shall write in the precinct register by the elector's name "voted on the premises by oath" and sign their names.
(3) When the ballot or ballots are marked, the judges shall place each ballot in a secrecy sleeve and immediately take the ballot into the polling place and give the ballot to the judge at the ballot box. Any challenge to the elector's right to vote must be resolved as provided in Title 13, chapter 13, part 3.
History: En. Sec. 111, Ch. 571, L. 1979; amd. Sec. 46, Ch. 56, L. 2009; amd. Sec. 34, Ch. 242, L. 2011; amd. Sec. 23, Ch. 336, L. 2013; amd. Sec. 12, Ch. 61, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 1. Procedure at Polling Place › 13-13-119. Aid to disabled elector

13-13-119. Aid to disabled elector.
(1) A disabled elector may request assistance in marking the elector's ballot.
(2) If the elector has not designated an agent:
(a) the election judges shall require a declaration of disability by the elector. The declaration must be made under oath, which must be administered by an election judge. The elector may be assisted by two judges who represent different parties. If election judges who represent different political parties are not available, the chief election judge shall appoint two election judges to assist the elector. The judges shall certify on the precinct register opposite the disabled elector's name that the ballot was marked with their assistance. The judges may not reveal information regarding the ballot.
(b) The elector may designate an agent, as provided in 13-1-116, to aid the elector in the marking of the elector's ballot. An individual designated to assist the elector shall sign the individual's name on the precinct register beside the name of the elector assisted.
(3) No one other than the elector who requires assistance may divulge to anyone within the polling place the name of any candidate for whom the elector intends to vote or may ask or receive the assistance of any individual within the polling place in the preparation of the elector's ballot.
History: En. Sec. 112, Ch. 571, L. 1979; amd. Sec. 8, Ch. 298, L. 1987; amd. Sec. 4, Ch. 367, L. 2005; amd. Sec. 35, Ch. 242, L. 2011; amd. Sec. 13, Ch. 61, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 1. Procedure at Polling Place › 13-13-120. Poll watchers -- announcement of elector's name -- poll watchers authorized at places of deposit in mail ballot elections

13-13-120. Poll watchers -- announcement of elector's name -- poll watchers authorized at places of deposit in mail ballot elections.
(1) The election judges shall permit one poll watcher from each political party to be stationed close to the poll lists in a location that does not interfere with the election procedures. At the time when each elector signs the elector's name, one of the election judges shall pronounce the name loud enough to be heard by the poll watchers. A poll watcher who does not understand the pronunciation has the right to request that the judge repeat the name. Poll watchers must also be permitted to observe all of the vote counting procedures of the judges after the closing of the polls and all entries of the results of the elections.
(2) A candidate may not serve as a poll watcher at a polling place where electors are voting on ballots with the candidate's name on them.
(3) At least one poll watcher from each political party must be permitted at each place of deposit designated under 13-19-307 for a mail ballot election.
History: En. Sec. 113, Ch. 571, L. 1979; amd. Sec. 47, Ch. 56, L. 2009; amd. Sec. 1, Ch. 240, L. 2015; amd. Sec. 1, Ch. 315, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 1. Procedure at Polling Place › 13-13-121. Additional poll watchers

13-13-121. Additional poll watchers.
A candidate, a group of candidates, or any group having an interest in the election may request the election administrator to allow additional poll watchers at any precinct or any place of deposit designated under 13-19-307 for a mail ballot election. The election administrator shall grant such requests if the number of poll watchers at the polling place or place of deposit will not interfere with the election procedures.
History: En. Sec. 114, Ch. 571, L. 1979; amd. Sec. 2, Ch. 315, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 1. Procedure at Polling Place › 13-13-122. Preventing obstructions

13-13-122. Preventing obstructions.
An election officer, sheriff, constable, or other peace officer may clear the passageway, prevent any obstruction, or arrest any individual obstructing the passageway to a polling place.
History: En. Sec. 115, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 2. Procedure for Electors Absent From the Polling Place › 13-13-201. Voting by absentee ballot -- procedures

13-13-201. Voting by absentee ballot -- procedures.
(1) A legally registered elector or provisionally registered elector is entitled to vote by absentee ballot as provided for in this part.
(2) The elector may vote absentee by:
(a) marking the ballot in the manner specified;
(b) placing the marked ballot in the secrecy envelope, free of any identifying marks;
(c) placing the secrecy envelope containing one ballot for each election being held in the signature envelope;
(d) executing the affirmation printed on the signature envelope; and
(e) returning the signature envelope with all appropriate enclosures by regular mail, postage paid, or by delivering it to:
(i) the election office;
(ii) a polling place within the elector's county;
(iii) pursuant to 13-13-229, the absentee election board or an authorized election official; or
(iv) in a mail ballot election held pursuant to Title 13, chapter 19, a designated place of deposit within the elector's county.
(3) Except as provided in 13-21-206 and 13-21-226, in order for the ballot to be counted, each elector shall return it in a manner that ensures the ballot is received prior to 8 p.m. on election day.
(4) A provisionally registered elector may also enclose in the outer signature envelope a copy of the elector's photo identification showing the elector's name. The photo identification may be but is not limited to a valid driver's license, a school district or postsecondary education photo identification, or a tribal photo identification. If the provisionally registered elector does not enclose a photo identification, the elector may enclose a copy of a current utility bill, bank statement, paycheck, notice of confirmation of voter registration issued pursuant to 13-2-207, government check, or other government document that shows the elector's name and current address.
History: En. Sec. 119, Ch. 368, L. 1969; R.C.M. 1947, 23-3701; amd. Sec. 116, Ch. 571, L. 1979; amd. Sec. 1, Ch. 239, L. 1985; amd. Sec. 1, Ch. 242, L. 1997; amd. Sec. 1, Ch. 151, L. 1999; amd. Sec. 32, Ch. 414, L. 2003; amd. Sec. 25, Ch. 475, L. 2003; amd. Sec. 7, Ch. 286, L. 2005; amd. Sec. 17, Ch. 273, L. 2007; amd. Sec. 1, Ch. 101, L. 2011; amd. Sec. 36, Ch. 242, L. 2011; amd. Sec. 2, Ch. 139, L. 2013; amd. Sec. 24, Ch. 336, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 2. Procedure for Electors Absent From the Polling Place › 13-13-202. Repealed

13-13-202. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 132, Ch. 368, L. 1969; R.C.M. 1947, 23-3714.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 2. Procedure for Electors Absent From the Polling Place › 13-13-203. Repealed

13-13-203. Repealed.
Sec. 32, Ch. 273, L. 2007.
History: En. Sec. 134, Ch. 368, L. 1969; R.C.M. 1947, 23-3716(1), (2); amd. Sec. 117, Ch. 571, L. 1979; amd. Sec. 2, Ch. 239, L. 1985; amd. Sec. 33, Ch. 414, L. 2003.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 2. Procedure for Electors Absent From the Polling Place › 13-13-204. Authority to vote in person -- printing error or ballot destroyed -- replacement ballot -- effect of absentee elector's death

13-13-204. Authority to vote in person -- printing error or ballot destroyed -- replacement ballot -- effect of absentee elector's death.
(1) (a) If an elector has received but not voted an absentee ballot and the absentee ballot contains printing errors or omissions, the elector may receive a replacement or corrected ballot.
(b) The death of a candidate after the printing of the ballot constitutes a printing error or omission on the ballot.
(2) An elector may:
(a) request a replacement ballot from the election administrator pursuant to subsection (1) or if the original ballot is destroyed, spoiled, lost, or not received by the elector; or
(b) appear at the appropriate polling place on election day and vote in person after being issued a provisional ballot.
(3) A request for a replacement ballot submitted to the election administrator must be made on a form prescribed by the secretary of state and must be made in person, by regular or electronic mail, or by facsimile no later than 8 p.m. on election day.
(4) Upon receiving a request for a replacement ballot pursuant to subsection (3), the election administrator shall mark the original issued ballot as void in the statewide voter registration system and issue a replacement regular ballot to the elector.
(5) A replacement ballot may also be issued pursuant to 13-13-245.
(6) If an elector votes by absentee ballot and the ballot has been mailed to or received by the election administrator but the elector dies between the time of balloting and election day, the deceased elector's ballot must be counted.
History: En. Sec. 127, Ch. 571, L. 1979; amd. Sec. 2, Ch. 120, L. 1983; amd. Sec. 9, Ch. 298, L. 1987; amd. Sec. 4, Ch. 85, L. 1997; amd. Sec. 26, Ch. 475, L. 2003; amd. Sec. 1, Ch. 359, L. 2005; amd. Sec. 1, Ch. 217, L. 2009; amd. Sec. 19, Ch. 297, L. 2009; amd. Sec. 2, Ch. 101, L. 2011; amd. Sec. 25, Ch. 336, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 2. Procedure for Electors Absent From the Polling Place › 13-13-205. When ballots to be available for absentee voting

13-13-205. When ballots to be available for absentee voting.
(1) Except as provided in subsection (2), the election administrator shall ensure that ballots for a polling place election are available as follows:
(a) for an election conducted on a primary or general election day:
(i) 30 days prior to election day for absentee voting in person;
(ii) 25 days prior to the election for mailing ballots to absentee voters; and
(b) 20 days prior to election day for a special purpose district or school district election, except that ballots for a conservation district election held on a primary or general election day must be available as provided in subsection (1)(a).
(2) A federal election ballot requested by an absent uniformed services or overseas elector pursuant to Title 13, chapter 21, must be sent to the elector as soon as the ballot is printed but not later than 45 days in advance of the election.
History: En. Sec. 2, Ch. 586, L. 1983; amd. Sec. 32, Ch. 250, L. 1985; amd. Sec. 10, Ch. 298, L. 1987; amd. Sec. 34, Ch. 414, L. 2003; amd. Sec. 27, Ch. 475, L. 2003; amd. Sec. 8, Ch. 286, L. 2005; amd. Sec. 18, Ch. 273, L. 2007; amd. Sec. 20, Ch. 297, L. 2009; amd. Sec. 1, Ch. 190, L. 2011; amd. Sec. 184, Ch. 49, L. 2015; amd. Sec. 13, Ch. 242, L. 2017.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 2. Procedure for Electors Absent From the Polling Place › 13-13-211. Time period for application

13-13-211. Time period for application.
(1) Except as provided in 13-13-222, 13-21-223, and subsection (2) of this section, an application for an absentee ballot must be made before noon on the day before the election.
(2) A qualified elector who is prevented from voting at the polls as a result of illness or health emergency occurring between 5 p.m. of the Friday preceding the election and before the close of polls on election day may request to vote by absentee ballot as provided in 13-13-212(2).
(3) An absentee ballot cast pursuant to subsection (2) must be received prior to 8 p.m. on election day pursuant to 13-13-201.
History: En. Sec. 121, Ch. 368, L. 1969; amd. Sec. 1, Ch. 145, L. 1975; R.C.M. 1947, 23-3703; amd. Sec. 118, Ch. 571, L. 1979; amd. Sec. 3, Ch. 239, L. 1985; amd. Sec. 4, Ch. 396, L. 1985; amd. Sec. 14, Ch. 200, L. 1987; amd. Sec. 12, Ch. 472, L. 1997; amd. Sec. 2, Ch. 151, L. 1999; amd. Secs. 35, 93(2)(a), Ch. 414, L. 2003; amd. Sec. 13, Ch. 130, L. 2005; amd. Sec. 37, Ch. 242, L. 2011; amd. Sec. 3, Ch. 139, L. 2013; amd. Sec. 26, Ch. 336, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 2. Procedure for Electors Absent From the Polling Place › 13-13-213. Transmission of application to election administrator -- delivery of ballot

13-13-213. Transmission of application to election administrator -- delivery of ballot.
(1) All absentee ballot application forms must be addressed to the appropriate county election office.
(2) Except as provided in subsection (4), the elector may mail the signed application directly to the election administrator or deliver the application in person to the election administrator. An agent designated pursuant to 13-1-116 or a third party may collect the elector's application and forward it to the election administrator.
(3) (a) The election administrator shall compare the signature on the application with the applicant's signature on the registration form or the agent's signature on the agent designation form. If convinced that the individual making the application is the same as the one whose name appears on the registration form or the agent designation form, the election administrator shall deliver the ballot to the elector in person or as otherwise provided in 13-13-214, subject to 13-13-205.
(b) If no signature is provided or the election administrator is not convinced that the individual signing the application is the same person whose name appears on the registration form or agent designation form, the election administrator shall notify the elector as provided in 13-13-245.
(4) In lieu of the requirement provided in subsection (2), an elector who requests an absentee ballot pursuant to 13-13-212(2) may return the application to the absentee election board or an authorized election official. Upon receipt of the application, the absentee election board or authorized election official shall examine the signatures on the application and a copy of the voting registration form or agent designation form to be provided by the election administrator. If the absentee election board or an authorized election official believes that the applicant is the same person as the one whose name appears on the registration form or agent designation form, the absentee election board or authorized election official shall provide a ballot to the elector when the ballot is available pursuant to 13-13-205.
History: En. Sec. 123, Ch. 368, L. 1969; R.C.M. 1947, 23-3705; amd. Sec. 120, Ch. 571, L. 1979; amd. Sec. 5, Ch. 239, L. 1985; amd. Sec. 1, Ch. 203, L. 1995; amd. Sec. 1, Ch. 367, L. 2003; amd. Sec. 15, Ch. 557, L. 2003; amd. Sec. 10, Ch. 286, L. 2005; amd. Sec. 5, Ch. 367, L. 2005; amd. Sec. 19, Ch. 273, L. 2007; amd. Sec. 22, Ch. 297, L. 2009; amd. Sec. 4, Ch. 101, L. 2011; amd. Sec. 28, Ch. 336, L. 2013; amd. Sec. 12, Ch. 368, L. 2017.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 2. Procedure for Electors Absent From the Polling Place › 13-13-221. Repealed

13-13-221. Repealed.
Sec. 91, Ch. 414, L. 2003.
History: En. Sec. 125, Ch. 368, L. 1969; amd. Sec. 3, Ch. 287, L. 1975; R.C.M. 1947, 23-3707; amd. Sec. 122, Ch. 571, L. 1979; amd. Sec. 6, Ch. 239, L. 1985; amd. Sec. 3, Ch. 242, L. 1997.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 2. Procedure for Electors Absent From the Polling Place › 13-13-222. Marking ballot in person before election day

13-13-222. Marking ballot in person before election day.
(1) As soon as the official ballots are available for in-person absentee voting under 13-13-205(1)(a)(i), the election administrator shall permit an elector to apply for, receive, and mark an absentee ballot before election day by appearing in person at the office of the election administrator and marking the ballot in a voting station area designated by the election administrator.
(2) The provisions of this chapter apply to voting under this section.
(3) For the purposes of this section, an official ballot is voted when the ballot is received at the election administrator's office.
History: En. Sec. 130, Ch. 368, L. 1969; amd. Sec. 4, Ch. 287, L. 1975; R.C.M. 1947, 23-3712; amd. Sec. 123, Ch. 571, L. 1979; amd. Sec. 1, Ch. 586, L. 1983; amd. Sec. 7, Ch. 239, L. 1985; amd. Sec. 3, Ch. 151, L. 1999; amd. Sec. 38, Ch. 414, L. 2003; amd. Sec. 24, Ch. 297, L. 2009; amd. Sec. 5, Ch. 101, L. 2011; amd. Sec. 40, Ch. 242, L. 2011; amd. Sec. 14, Ch. 242, L. 2017.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 2. Procedure for Electors Absent From the Polling Place › 13-13-225. Absentee election boards -- members -- appointment

13-13-225. Absentee election boards -- members -- appointment.
(1) The election administrator may designate and appoint absentee election boards as needed or authorize one or more election officials to serve in various places to deliver ballots to electors who are entitled to vote by absentee ballot as provided in 13-13-229.
(2) In a partisan election, each absentee election board or the authorized election officials who are appointed must consist of two members, one from each of the two political parties receiving the highest number of votes in the state during the last preceding general election, if possible. Board members and authorized election officials shall reside in the county in which they serve.
(3) A member of an absentee election board or an authorized election official may not be a candidate or a spouse, ascendant, descendant, brother, or sister of a candidate or of a candidate's spouse or the spouse of any one of these if the candidate's name appears on a ballot in the county.
History: En. Sec. 10, Ch. 239, L. 1985; amd. Sec. 4, Ch. 242, L. 1997; amd. Sec. 4, Ch. 151, L. 1999; amd. Sec. 48, Ch. 56, L. 2009; amd. Sec. 41, Ch. 242, L. 2011; amd. Sec. 30, Ch. 336, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 2. Procedure for Electors Absent From the Polling Place › 13-13-226. Manner of selection

13-13-226. Manner of selection.
The election administrator may make appointments to an absentee election board from lists of qualified electors in the county prepared in substantially the same manner as provided in 13-4-102. The election administrator may refuse for cause to appoint or may for cause remove a member of an absentee election board.
History: En. Sec. 11, Ch. 239, L. 1985; amd. Sec. 31, Ch. 336, L. 2013; amd. Sec. 4, Ch. 365, L. 2017.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 2. Procedure for Electors Absent From the Polling Place › 13-13-227. Oath of board members

13-13-227. Oath of board members.
Before assuming any of the responsibilities under this part, each member of an absentee election board shall take and subscribe the official oath in the same manner as prescribed for an election judge in 13-4-105.
History: En. Sec. 12, Ch. 239, L. 1985; amd. Sec. 49, Ch. 56, L. 2009; amd. Sec. 32, Ch. 336, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 2. Procedure for Electors Absent From the Polling Place › 13-13-228. Compensation

13-13-228. Compensation.
(1) Each member of an absentee election board is entitled to compensation for the number of hours worked.
(2) Each member of an absentee election board is entitled to full reimbursement for actual travel expenses incurred while delivering ballots on election day.
(3) The election administrator shall pay each member the same compensation and certify amounts due in the same manner as for an election judge as provided for in 13-4-106(1).
History: En. Sec. 13, Ch. 239, L. 1985; amd. Sec. 33, Ch. 336, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 2. Procedure for Electors Absent From the Polling Place › 13-13-229. Voting performed before absentee election board or authorized election official

13-13-229. Voting performed before absentee election board or authorized election official.
(1) Pursuant to 13-13-212(2), the elector may request that an absentee election board or an authorized election official personally deliver a ballot to the elector.
(2) The manner and procedure of voting by use of an absentee ballot under this section must be the same as provided in 13-13-201, except that the elector shall hand the marked ballot in the sealed signature envelope to the absentee election board or authorized election official, and the board or official shall deliver the sealed signature envelope to the election administrator or to the election judges of the precinct in which the elector is registered.
(3) An absentee ballot cast by a qualified elector pursuant to this section may not be rejected by the election administrator if the ballot was in the possession of the board or an authorized election official before the time designated for the closing of the polls.
(4) An elector who needs assistance in marking the elector's ballot because of a disability or inability to read or write may receive assistance from the elector's designated agent, as provided for in 13-1-116, or from the absentee election board or authorized election official appointed to personally deliver the ballot. Any assistance given an elector pursuant to this section must be provided in substantially the same manner as required in 13-13-119.
History: En. Sec. 14, Ch. 239, L. 1985; amd. Sec. 5, Ch. 242, L. 1997; amd. Sec. 5, Ch. 151, L. 1999; amd. Sec. 39, Ch. 414, L. 2003; amd. Sec. 17, Ch. 557, L. 2003; amd. Sec. 34, Ch. 336, L. 2013; amd. Sec. 14, Ch. 61, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 2. Procedure for Electors Absent From the Polling Place › 13-13-230. Repealed

13-13-230. Repealed.
Sec. 33, Ch. 368, L. 2017.
History: En. Sec. 15, Ch. 239, L. 1985; amd. Sec. 79, Ch. 584, L. 1999; amd. Sec. 91, Ch. 574, L. 2001; amd. Sec. 35, Ch. 336, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 2. Procedure for Electors Absent From the Polling Place › 13-13-231. Repealed

13-13-231. Repealed.
Sec. 76, Ch. 242, L. 2011.
History: En. Sec. 126, Ch. 368, L. 1969; amd. Sec. 36, Ch. 365, L. 1977; R.C.M. 1947, 23-3708; amd. Sec. 124, Ch. 571, L. 1979; amd. Sec. 6, Ch. 242, L. 1997.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 2. Procedure for Electors Absent From the Polling Place › 13-13-232. Delivery of ballots and secrecy envelopes to election judges -- ballots to be rejected

13-13-232. Delivery of ballots and secrecy envelopes to election judges -- ballots to be rejected.
(1) If an absentee ballot is received prior to delivery of the official ballots to the election judges, the election administrator shall process it according to 13-13-241 and then, unless the early preparation process in 13-13-241(7) was followed, deliver the unopened secrecy envelope to the judges at the same time that the ballots are delivered.
(2) If an absentee ballot is received after the official ballots are delivered to the election judges but prior to the close of the polls, the election administrator shall process it according to 13-13-241 and shall then immediately deliver the unopened secrecy envelope to the judges.
(3) If the election administrator receives an absentee ballot for which an application or request was not made or received as required by this part, the election administrator shall endorse upon the elector's envelope the date and exact time of receipt and the words "to be rejected". Absentee ballots endorsed in this manner must be handled in the same manner as provided in 13-15-108(1).
History: En. Sec. 127, Ch. 368, L. 1969; amd. Sec. 4, Ch. 254, L. 1971; R.C.M. 1947, 23-3709(1) thru (3); amd. Sec. 125, Ch. 571, L. 1979; amd. Sec. 8, Ch. 239, L. 1985; amd. Sec. 7, Ch. 242, L. 1997; amd. Sec. 6, Ch. 151, L. 1999; amd. Sec. 31, Ch. 475, L. 2003; amd. Sec. 11, Ch. 286, L. 2005; amd. Sec. 1, Ch. 229, L. 2019.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 2. Procedure for Electors Absent From the Polling Place › 13-13-233. Issuing and recording absentee ballots -- certificate to election judges

13-13-233. Issuing and recording absentee ballots -- certificate to election judges.
(1) Absentee ballots must be official numbered paper ballots beginning with ballot number 1 and following consecutively according to the number of applications for absentee ballots.
(2) The election administrator shall keep a record of all absentee ballots issued.
(3) When the election administrator delivers the voted absentee ballots pursuant to 13-13-232(1), the election administrator shall also provide a certificate stating:
(a) the ballot numbers of the absentee ballots mailed or transmitted pursuant to 13-13-214, 13-21-106(3)(a), and 13-21-224, delivered pursuant to 13-13-229, or marked in person pursuant to 13-13-222;
(b) the number of ballots to be reserved for late absentee voting pursuant to 13-13-211(2); and
(c) the names of the electors within the precinct to whom the ballots were provided.
(4) The chief election judge shall post in a conspicuous location at the polling place a list of the names of electors appearing on the certificate required under subsection (3).
History: En. Sec. 128, Ch. 368, L. 1969; R.C.M. 1947, 23-3710; amd. Sec. 126, Ch. 571, L. 1979; amd. Sec. 3, Ch. 120, L. 1983; amd. Sec. 42, Ch. 414, L. 2003; amd. Sec. 12, Ch. 286, L. 2005; amd. Sec. 4, Ch. 139, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 2. Procedure for Electors Absent From the Polling Place › 13-13-234. Duty of election judges -- pollbook

13-13-234. Duty of election judges -- pollbook.
(1) The election judges, at the opening of the polls, shall:
(a) note on the pollbook opposite the appropriate ballot numbers the fact that the ballots were issued as absentee ballots; and
(b) reserve the numbers for electors who may vote late under 13-13-211(2).
(2) The election judges shall insert only the name of the elector entitled to each particular number according to the certificate provided by the election administrator pursuant to 13-13-233(3) and the number of the elector's ballot.
History: En. Sec. 129, Ch. 368, L. 1969; amd. Sec. 37, Ch. 365, L. 1977; R.C.M. 1947, 23-3711; amd. Sec. 128, Ch. 571, L. 1979; amd. Sec. 9, Ch. 239, L. 1985; amd. Sec. 43, Ch. 414, L. 2003.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 2. Procedure for Electors Absent From the Polling Place › 13-13-237. Repealed

13-13-237. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 131, Ch. 368, L. 1969; amd. Sec. 5, Ch. 287, L. 1975; amd. Sec. 38, Ch. 365, L. 1977; R.C.M. 1947, 23-3713(10).
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 2. Procedure for Electors Absent From the Polling Place › 13-13-238. Repealed

13-13-238. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 131, Ch. 368, L. 1969; amd. Sec. 5, Ch. 287, L. 1975; amd. Sec. 38, Ch. 365, L. 1977; R.C.M. 1947, 23-3713(11).
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 2. Procedure for Electors Absent From the Polling Place › 13-13-240. Repealed

13-13-240. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 127, Ch. 368, L. 1969; amd. Sec. 4, Ch. 254, L. 1971; R.C.M. 1947, 23-3709(4).
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 2. Procedure for Electors Absent From the Polling Place › 13-13-242. Repealed

13-13-242. Repealed.
Sec. 20, Ch. 298, L. 1987.
History: En. Sec. 130, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 2. Procedure for Electors Absent From the Polling Place › 13-13-244. Opening of signature envelopes after deposit

13-13-244. Opening of signature envelopes after deposit.
If a signature envelope containing an absentee ballot has been deposited unopened in the ballot box and the envelope has not been marked rejected, the signature envelope must be processed as provided in 13-13-241.
History: En. Sec. 133, Ch. 368, L. 1969; amd. Sec. 39, Ch. 365, L. 1977; R.C.M. 1947, 23-3715; Sec. 13-16-239, MCA 1979; redes. 13-13-244 by Code Commissioner; amd. Secs. 45, 93(3)(d), Ch. 414, L. 2003; amd. Sec. 37, Ch. 336, L. 2013.