reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 5. Postelection Audit › 13-17-503. Random-sample audit required after federal election -- rulemaking authority

13-17-503. Random-sample audit required after federal election -- rulemaking authority.
(1) After unofficial results are available to the public in a federal election, but before the official canvass by the county board of canvassers, the county audit committee shall conduct a random-sample audit.
(2) The random-sample audit may not include a ballot that a vote-counting machine was unable to process and that was not resolved pursuant to 13-15-206 because the ballot:
(a) appeared to have at least one overvote;
(b) appeared to be blank;
(c) was in a condition that prevented its processing by a vote-counting machine; or
(d) contained a mark, error, or omission that prevented its processing by a vote-counting machine.
(3) Except as provided in subsections (4) and (5), the random-sample audit must include:
(a) at least 10% of the precincts in each county or a minimum of two precincts in each county, whichever is greater; and
(b) elections for:
(i) two statewide office races, if any;
(ii) two federal office races;
(iii) two legislative office races;
(iv) two statewide ballot issues if statewide ballot issues were on the ballot; and
(v) one countywide race if requested by the board of county commissioners using the process in 13-17-510.
(4) The audit may not include:
(a) a retention election for a judicial candidate; or
(b) a race in which a candidate was unopposed.
(5) A county is exempt from the postelection random-sample audit requirements if the county's unofficial final vote totals for a ballot issue or for any race, except precinct committee representative, show a tie vote or a vote within the margins allowed by Title 13, chapter 16, part 2, for a recount without a court order. A county meeting the requirements of this subsection shall notify the secretary of state as soon as practicable.
(6) The secretary of state shall adopt rules to implement the provisions of this part, including but not limited to rules for:
(a) the process to be used for selecting precincts, races, and ballot issues for the random-sample audit;
(b) the manner in which the random-sample audit of vote-counting machines will be conducted pursuant to the procedures established in this part; and
(c) the process to be used for counties that do not use vote-counting machines.
History: En. Sec. 3, Ch. 89, L. 2009; amd. Sec. 62, Ch. 242, L. 2011; amd. Sec. 3, Ch. 155, L. 2023; amd. Sec. 1, Ch. 345, L. 2023; amd. Sec. 1, Ch. 780, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 5. Postelection Audit › 13-17-504. County audit committee -- membership -- oath required

13-17-504. County audit committee -- membership -- oath required.
(1) Prior to each federal election, the county governing body shall appoint at least three individuals to serve on the county audit committee from a list of county employees and county residents who have offered to serve on the committee.
(2) The county audit committee may not include:
(a) a person who served as an election judge in the election;
(b) a person employed by the vendor who supplied the vote-counting machines subject to the audit; or
(c) a person who has performed maintenance on the vote-counting machines subject to the audit.
(3) Before beginning service, the audit committee members shall take and subscribe the official oath prescribed by the Montana constitution. The audit committee members may administer the oath to each other.
(4) The county election administrator shall serve as the secretary to the county audit committee.
History: En. Sec. 4, Ch. 89, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 5. Postelection Audit › 13-17-505. Selection process for random-sample audit after federal election

13-17-505. Selection process for random-sample audit after federal election.
(1) No sooner than 7 days after the federal election and no later than 9 days after the federal election, the state board of canvassers, pursuant to 13-17-503 and as established by rule, shall randomly select:
(a) the races and ballot issue to be audited;
(b) the precincts to be audited in each county; and
(c) three additional precincts in each county that would be audited if a discrepancy in vote tallies occurs and results in the need to audit additional precincts pursuant to 13-17-507.
(2) The selection process must be open to the public.
(3) After selecting the precincts, races, and ballot issue for the random-sample audit, the state board of canvassers shall direct the secretary of state to:
(a) notify each county election administrator of the selections; and
(b) make a list of the selections available electronically.
History: En. Sec. 5, Ch. 89, L. 2009; amd. Sec. 4, Ch. 155, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 5. Postelection Audit › 13-17-506. Conduct of random-sample audit

13-17-506. Conduct of random-sample audit.
(1) The random-sample audit must be completed at least 1 day before the official canvass by the county board of canvassers.
(2) The county audit committee shall manually count the votes for the random-sample audit as follows:
(a) One member shall read the ballot while the remaining members shall each record on an official tally sheet the number of valid votes cast for each of the selected offices and the ballot issue.
(b) (i) After the vote is complete, the tally sheets of the members recording the votes must be compared.
(ii) If the tallies match, the county audit committee shall compare the manual count for the selected offices and the ballot issue to the vote-counting machine count for the selected offices and the ballot issue.
(iii) If the tallies do not match, the count must be conducted again as provided in this subsection (2) until the tallies match.
(c) (i) If the manual count and the vote-counting machine totals match, the county audit committee shall certify the results to the county election administrator and the secretary of state.
(ii) If the manual count and the vote-counting machine totals do not match, the county audit committee shall follow the procedures established in 13-17-507.
(3) The audit process must be public.
History: En. Sec. 6, Ch. 89, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 5. Postelection Audit › 13-17-507. Discrepancies -- substitution of results -- examination of machines

13-17-507. Discrepancies -- substitution of results -- examination of machines.
(1) If a discrepancy exists between the vote-counting machine totals and the manual count totals, the random-sample audit results must serve as the definitive record for purposes of the canvass.
(2) If the random-sample audit results in a discrepancy of more than 0.5% of total ballots cast or five ballots, whichever is greater, and if the discrepancy is determined to be due to the vote-counting machine and not to administrative or user error:
(a) the vote-counting machine involved in the discrepancy in that county may not be used in another election until it has been examined and tested by a computer software expert in consultation with a voting system vendor and approved by the secretary of state; and
(b) at least three additional precincts within the county must be audited for the office or ballot issue in question. If the county has fewer than three additional precincts, all remaining precincts must be audited.
(3) If the audit of the additional precincts results in a discrepancy for those precincts of more than 0.5% of total ballots cast or five ballots, whichever is greater, and if the discrepancy is determined to be due to the vote-counting machine and not to administrative or user error, the vote-counting machine involved in the discrepancy in that county may not be used in another election until it has been examined and tested by a computer software expert in consultation with a voting system vendor and approved by the secretary of state.
(4) The results of the random-sample audit must be public.
History: En. Sec. 7, Ch. 89, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 5. Postelection Audit › 13-17-508. Reimbursement of county costs

13-17-508. Reimbursement of county costs.
(1) Except as provided in subsection (2), the secretary of state shall reimburse each county for any costs incurred in implementing the provisions of this part.
(2) A vendor who supplies a vote-counting machine that was purchased after October 1, 2009, and that fails an audit due to software or machine defects or vendor employee error shall pay the costs incurred for the audit of vote-counting machines in the affected county. The provisions of this subsection must be reflected in the contract for the purchase of vote-counting machines.
History: En. Sec. 8, Ch. 89, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 5. Postelection Audit › 13-17-509. Vote-counting machine maintenance -- examination

13-17-509. Vote-counting machine maintenance -- examination.
(1) Upgrades, patches, fixes, or alterations may not be applied to any vote-counting machine during the 30 days following a federal election.
(2) If a vote-counting machine fails an audit pursuant to 13-17-507, the vote-counting machine is subject to examination by a computer software expert in consultation with a voting system vendor.
History: En. Sec. 9, Ch. 89, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 5. Postelection Audit › 13-17-510. Random-sample audit of vote-counting machines optional after nonfederal elections -- rulemaking authority

13-17-510. Random-sample audit of vote-counting machines optional after nonfederal elections -- rulemaking authority.
(1) After unofficial results are available to the public in a nonfederal election, but before the official canvass by the county board of canvassers, the board of county commissioners may request a random-sample audit of vote-counting machines.
(2) The random-sample audit may not include a ballot that a vote-counting machine was unable to process and that was not resolved pursuant to 13-15-206 because the ballot:
(a) appeared to have at least one overvote;
(b) appeared to be blank;
(c) was in a condition that prevented its processing by a vote-counting machine; or
(d) contained a mark, error, or omission that prevented its processing by a vote-counting machine.
(3) On or before May 1, 2024, the secretary of state shall adopt rules to implement the provisions of this section, including but not limited to rules for:
(a) the manner in which the random-sample audit of vote-counting machines will be conducted;
(b) the process to be used for selecting precincts, races, and ballot issues for the random-sample audit; and
(c) the process to be used to select the ballots that are to be included in the random-sample audit.
History: En. Sec. 1, Ch. 155, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 18. Electronic Voting Systems (Repealed) › Part 1. General Provisions (Repealed) › 13-18-101. Repealed

13-18-101. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 164, Ch. 368, L. 1969; R.C.M. 1947, 23-3901.
2023 Montana Code Annotated › Title 13. Elections › Chapter 18. Electronic Voting Systems (Repealed) › Part 1. General Provisions (Repealed) › 13-18-102. Repealed

13-18-102. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 165, Ch. 368, L. 1969; R.C.M. 1947, 23-3902.
2023 Montana Code Annotated › Title 13. Elections › Chapter 18. Electronic Voting Systems (Repealed) › Part 1. General Provisions (Repealed) › 13-18-103. Repealed

13-18-103. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 166, Ch. 368, L. 1969; R.C.M. 1947, 23-3903(1), (2).
2023 Montana Code Annotated › Title 13. Elections › Chapter 18. Electronic Voting Systems (Repealed) › Part 1. General Provisions (Repealed) › 13-18-104. Repealed

13-18-104. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 166, Ch. 368, L. 1969; R.C.M. 1947, 23-3903(4).
2023 Montana Code Annotated › Title 13. Elections › Chapter 18. Electronic Voting Systems (Repealed) › Part 1. General Provisions (Repealed) › 13-18-105. Repealed

13-18-105. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 169, Ch. 368, L. 1969; R.C.M. 1947, 23-3906.
2023 Montana Code Annotated › Title 13. Elections › Chapter 18. Electronic Voting Systems (Repealed) › Part 1. General Provisions (Repealed) › 13-18-106. Repealed

13-18-106. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 170, Ch. 368, L. 1969; R.C.M. 1947, 23-3907.
2023 Montana Code Annotated › Title 13. Elections › Chapter 18. Electronic Voting Systems (Repealed) › Part 2. Procedure (Repealed) › 13-18-201. Repealed

13-18-201. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 167, Ch. 368, L. 1969; R.C.M. 1947, 23-3904(part).
2023 Montana Code Annotated › Title 13. Elections › Chapter 18. Electronic Voting Systems (Repealed) › Part 2. Procedure (Repealed) › 13-18-202. Repealed

13-18-202. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 167, Ch. 368, L. 1969; R.C.M. 1947, 23-3904(1).
2023 Montana Code Annotated › Title 13. Elections › Chapter 18. Electronic Voting Systems (Repealed) › Part 2. Procedure (Repealed) › 13-18-203. Repealed

13-18-203. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 167, Ch. 368, L. 1969; R.C.M. 1947, 23-3904(2).
2023 Montana Code Annotated › Title 13. Elections › Chapter 18. Electronic Voting Systems (Repealed) › Part 2. Procedure (Repealed) › 13-18-204. Repealed

13-18-204. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 167, Ch. 368, L. 1969; R.C.M. 1947, 23-3904(3).
2023 Montana Code Annotated › Title 13. Elections › Chapter 18. Electronic Voting Systems (Repealed) › Part 2. Procedure (Repealed) › 13-18-205. Repealed

13-18-205. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 167, Ch. 368, L. 1969; R.C.M. 1947, 23-3904(4).
2023 Montana Code Annotated › Title 13. Elections › Chapter 18. Electronic Voting Systems (Repealed) › Part 2. Procedure (Repealed) › 13-18-206. Repealed

13-18-206. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 167, Ch. 368, L. 1969; R.C.M. 1947, 23-3904(5).
2023 Montana Code Annotated › Title 13. Elections › Chapter 18. Electronic Voting Systems (Repealed) › Part 2. Procedure (Repealed) › 13-18-207. Repealed

13-18-207. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 166, Ch. 368, L. 1969; R.C.M. 1947, 23-3903(3).
2023 Montana Code Annotated › Title 13. Elections › Chapter 18. Electronic Voting Systems (Repealed) › Part 2. Procedure (Repealed) › 13-18-208. Repealed

13-18-208. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 166, Ch. 368, L. 1969; R.C.M. 1947, 23-3903(5).
2023 Montana Code Annotated › Title 13. Elections › Chapter 18. Electronic Voting Systems (Repealed) › Part 2. Procedure (Repealed) › 13-18-209. Repealed

13-18-209. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 168, Ch. 368, L. 1969; amd. Sec. 43, Ch. 365, L. 1977; R.C.M. 1947, 23-3905(1), (2).
2023 Montana Code Annotated › Title 13. Elections › Chapter 18. Electronic Voting Systems (Repealed) › Part 2. Procedure (Repealed) › 13-18-210. Repealed

13-18-210. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: (1), (3)En. Sec. 168, Ch. 368, L. 1969; amd. Sec. 43, Ch. 365, L. 1977; Sec. 23-3905, R.C.M. 1947; (2)En. Sec. 167, Ch. 368, L. 1969; Sec. 23-3904, R.C.M. 1947; R.C.M. 1947, 23-3904(part), 23-3905(3), (4).
2023 Montana Code Annotated › Title 13. Elections › Chapter 19. Mail Ballot Elections › Part 1. General Provisions › 13-19-101. Statement of purpose

13-19-101. Statement of purpose.
The purpose of this chapter is to provide the option of and procedures for conducting certain specified elections as mail ballot elections. The provisions of this chapter recognize that sound public policy concerning the conduct of elections often requires the balancing of various elements of the public interest that are sometimes in conflict. Among these factors are the public's interest in fair and accurate elections, the election of those who will govern or represent, and cost-effective administration of all functions of government, including the conduct of elections. The provisions of this chapter further recognize that when these and other factors are balanced, the conduct of elections by mail ballot is potentially the most desirable of the available options in certain circumstances.
History: En. Sec. 1, Ch. 196, L. 1985; amd. Sec. 76, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 19. Mail Ballot Elections › Part 1. General Provisions › 13-19-102. Definitions

13-19-102. Definitions.
As used in this chapter, the following definitions apply:
(1) "Ballot" means the ballot or set of ballots that is to be returned by a specified election day.
(2) "Election day" is the date established by law on which a particular election would be held if that election were being conducted by means other than a mail ballot election.
(3) "Political subdivision" means a political subdivision of the state, including a school district.
(4) "Secrecy envelope" means an envelope used to contain the elector's ballot and that is designed to conceal the elector's ballot and to prevent that elector's ballot from being distinguished from the ballots of other electors.
History: En. Sec. 2, Ch. 196, L. 1985; amd. Sec. 1, Ch. 10, L. 1987; amd. Sec. 1, Ch. 146, L. 1997; amd. Sec. 31, Ch. 297, L. 2009; amd. Sec. 9, Ch. 101, L. 2011; amd. Sec. 63, Ch. 242, L. 2011; amd. Sec. 54, Ch. 336, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 19. Mail Ballot Elections › Part 1. General Provisions › 13-19-103. General election laws to apply

13-19-103. General election laws to apply.
All laws applicable to elections when voting is not done by mail ballot and all penalties prescribed for violation of those laws apply to elections conducted by mail ballot to the extent they do not specifically conflict with the provisions of this chapter or are not otherwise provided for by this chapter.
History: En. Sec. 5, Ch. 196, L. 1985.
2023 Montana Code Annotated › Title 13. Elections › Chapter 19. Mail Ballot Elections › Part 1. General Provisions › 13-19-104. Mail ballot elections not mandatory -- when authorized -- when prohibited -- when county election administrator conducts

13-19-104. Mail ballot elections not mandatory -- when authorized -- when prohibited -- when county election administrator conducts.
(1) Conducting elections by mail ballot is only one option available to local officials, and this chapter does not mandate that the procedure be used.
(2) Except as provided in subsection (3), any election may be conducted by mail ballot.
(3) The following elections may not be conducted by mail ballot:
(a) a regularly scheduled federal, state, or county election;
(b) a special federal or state election, unless authorized by the legislature; or
(c) a regularly scheduled or special election when another election in the political subdivision is taking place at the polls on the same day.
(4) (a) Except as provided in subsection (4)(b), if more than one mail ballot election is being conducted in the political subdivision on the same day, the county election administrator shall conduct the elections.
(b) The requirement that a county election administrator shall conduct more than one mail ballot election on the same day does not apply to a mail ballot school bond election conducted by the trustees of any two or more school districts that have unified pursuant to 20-6-312 or that have created a joint board of trustees pursuant to 20-3-361.
History: En. Sec. 4, Ch. 196, L. 1985; amd. Sec. 2, Ch. 10, L. 1987; amd. Sec. 2, Ch. 146, L. 1997; amd. Sec. 1, Ch. 264, L. 2005.
2023 Montana Code Annotated › Title 13. Elections › Chapter 19. Mail Ballot Elections › Part 1. General Provisions › 13-19-105. Role of secretary of state

13-19-105. Role of secretary of state.
In addition to other powers and duties conveyed by law, the secretary of state, with advice from election administrators, shall:
(1) prescribe the form of materials to be used in the conduct of mail ballot elections;
(2) review written plans for the conduct of mail ballot elections as provided in 13-19-205; and
(3) adopt rules consistent with this chapter to:
(a) establish and maintain uniformity in the conduct of mail ballot elections; and
(b) establish procedures for the conduct of mail ballot elections that, when implemented by the election administrator:
(i) prevent fraud;
(ii) ensure the accurate handling and canvassing of mail ballots; and
(iii) ensure that the secrecy of voted ballots is maintained.
History: En. Sec. 6, Ch. 196, L. 1985; amd. Sec. 32, Ch. 297, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 19. Mail Ballot Elections › Part 1. General Provisions › 13-19-106. General requirements for mail ballot election

13-19-106. General requirements for mail ballot election.
A mail ballot election must be conducted substantially as follows:
(1) Subject to 13-12-202, official mail ballots must be prepared and all other initial procedures followed as provided by law, except that mail ballots must be paper ballots and are not required to have stubs.
(2) An official ballot must be mailed to every qualified elector of the political subdivision conducting the election.
(3) Each signature envelope must contain a form that is the same as the form for absentee ballot signature envelopes and that is prescribed by the secretary of state for the elector to verify the accuracy of the elector's address or notify the election administrator of the elector's correct mailing address and to return the corrected address with the voted ballot in the manner provided by 13-19-306.
(4) The elector shall mark the ballot and place it in a secrecy envelope.
(5) (a) The elector shall then place the secrecy envelope containing the elector's ballot in a signature envelope and mail it or deliver it in person to a place of deposit designated by the election administrator.
(b) Except as provided in 13-21-206 and 13-21-226, the voted ballot must be received before 8 p.m. on election day.
(6) Election officials shall first qualify the voted ballot by examining the signature envelope to determine whether it is submitted by a qualified elector who has not previously voted in the election.
(7) If the voted ballot qualifies and is otherwise valid, officials shall then open the signature envelope and remove the secrecy envelope, which must be deposited unopened in an official ballot box pursuant to the timeline specified in 13-13-241(7).
(8) Except as provided in 13-19-312, voted ballots must be counted and canvassed as provided in Title 13, chapter 15.
History: En. Sec. 3, Ch. 196, L. 1985; amd. Sec. 17, Ch. 591, L. 1991; amd. Sec. 1, Ch. 338, L. 1997; amd. Sec. 1, Ch. 546, L. 2001; amd. Sec. 76, Ch. 414, L. 2003; amd. Sec. 1, Ch. 443, L. 2003; amd. Sec. 33, Ch. 297, L. 2009; amd. Sec. 10, Ch. 101, L. 2011; amd. Sec. 64, Ch. 242, L. 2011; amd. Sec. 6, Ch. 139, L. 2013; amd. Sec. 55, Ch. 336, L. 2013; amd. Sec. 7, Ch. 229, L. 2019.
2023 Montana Code Annotated › Title 13. Elections › Chapter 19. Mail Ballot Elections › Part 2. Preelection Procedure › 13-19-201. How election initiated

13-19-201. How election initiated.
A proposal to conduct an election under this chapter may be initiated by either the election administrator or the appropriate governing body as provided in 13-19-202 through 13-19-204.
History: En. Sec. 7, Ch. 196, L. 1985.
2023 Montana Code Annotated › Title 13. Elections › Chapter 19. Mail Ballot Elections › Part 2. Preelection Procedure › 13-19-202. Initiation by governing body

13-19-202. Initiation by governing body.
(1) A political subdivision may, by resolution of the governing body addressed to the election administrator, request that a particular election be conducted under the provisions of this chapter.
(2) No later than 70 days before election day, the governing body shall transmit its request to the election administrator, who shall determine whether it is economically and administratively feasible to conduct the requested election by mail ballot.
(3) Except as provided in 13-19-204, the decision to conduct an election under the provisions of this chapter is within the sole discretion of the election administrator.
(4) Within 5 days after receiving a request, the election administrator shall respond in writing, stating that the request is either granted or denied for reasons specified. If granted, the election administrator shall prepare a plan as provided in 13-19-205.
History: En. Sec. 8, Ch. 196, L. 1985.
2023 Montana Code Annotated › Title 13. Elections › Chapter 19. Mail Ballot Elections › Part 2. Preelection Procedure › 13-19-203. Initiation by election administrator

13-19-203. Initiation by election administrator.
(1) Even if a request has not been received from the governing body concerned, the election administrator may conduct any election authorized by 13-19-104 under this chapter if the election administrator determines that a mail ballot election is the most economically and administratively feasible way of conducting the election in question.
(2) If the election administrator decides to conduct an election pursuant to subsection (1), the election administrator shall prepare a written plan as provided in 13-19-205 and forward a copy to the governing body concerned, together with a written statement informing the governing body of the decision to conduct the election by mail ballot, the reasons for the decision, and the right of the governing body to object under 13-19-204.
History: En. Sec. 9, Ch. 196, L. 1985; amd. Sec. 77, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 19. Mail Ballot Elections › Part 2. Preelection Procedure › 13-19-204. Objection of political subdivision

13-19-204. Objection of political subdivision.
(1) A political subdivision may, by resolution of the governing body, object to the conduct of one of its elections under this chapter. The resolution must include a statement of the reasons for the objection.
(2) If the resolution is filed with the election administrator no later than 55 days prior to election day, the election may not be conducted by mail under this chapter.
History: En. Sec. 10, Ch. 196, L. 1985; amd. Sec. 34, Ch. 297, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 19. Mail Ballot Elections › Part 2. Preelection Procedure › 13-19-205. Written plan for conduct of election -- amendments -- approval procedures

13-19-205. Written plan for conduct of election -- amendments -- approval procedures.
(1) The election administrator shall prepare a written plan for the conduct of each election to be conducted by mail and shall submit the plan to the secretary of state in a manner that ensures that it is received at least 60 days prior to the date set for the election. There must be a separate plan for each type of election held even if held on the same day.
(2) The written plan must include:
(a) a timetable for the election;
(b) a plan for providing voter interface devices as required in 13-3-208; and
(c) sample written instructions that will be sent to the electors. The instructions must include but are not limited to:
(i) information on the estimated amount of postage required to return the ballot;
(ii) (A) the location of the places of deposit and the days and times when ballots may be returned to the places of deposit, if the information is available; or
(B) if the information on location and hours of places of deposit is not available, a section that will allow the information to be added before the instructions are mailed to electors; and
(iii) any applicable instructions specified under 13-13-214(4).
(3) The plan may be amended by the election administrator at any time prior to the 35th day before election day by notifying the secretary of state in writing of any changes.
(4) Within 5 days of receiving the plan and as soon as possible after receiving any amendments, the secretary of state shall approve, disapprove, or recommend changes to the plan or amendments.
(5) When the written plan and any amendments have been approved, the election administrator shall proceed to conduct the election according to the approved plan unless the election is cancelled for any reason provided by law.
History: En. Sec. 11, Ch. 196, L. 1985; amd. Sec. 35, Ch. 297, L. 2009; amd. Sec. 11, Ch. 101, L. 2011; amd. Sec. 189, Ch. 49, L. 2015; amd. Sec. 3, Ch. 151, L. 2019; amd. Sec. 16, Ch. 61, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 19. Mail Ballot Elections › Part 2. Preelection Procedure › 13-19-206. Distributing materials to electors -- procedure

13-19-206. Distributing materials to electors -- procedure.
For each election conducted under this chapter, the election administrator shall:
(1) mail a single packet to every qualified elector of the political subdivision conducting the election;
(2) ensure that each packet contains only one each of the following:
(a) an official ballot for each type of election being held on the specified election day;
(b) a secrecy envelope;
(c) a signature envelope; and
(d) complete written instructions, as approved by the secretary of state pursuant to 13-19-205, for mail ballot voting procedures;
(3) ensure that each packet is:
(a) addressed to a single individual elector at the most current address available from the official registration records; and
(b) deposited in the United States mail with sufficient postage for it to be delivered to the elector's address; and
(4) mail the packet in a manner that conforms to postal regulations to require the return, not forwarding, of undelivered packets.
History: En. Sec. 13, Ch. 196, L. 1985; amd. Sec. 18, Ch. 591, L. 1991; amd. Sec. 2, Ch. 338, L. 1997; amd. Sec. 36, Ch. 297, L. 2009; amd. Sec. 12, Ch. 101, L. 2011; amd. Sec. 65, Ch. 242, L. 2011.
2023 Montana Code Annotated › Title 13. Elections › Chapter 19. Mail Ballot Elections › Part 2. Preelection Procedure › 13-19-207. When materials to be mailed

13-19-207. When materials to be mailed.
(1) Except as provided in 13-13-205(2) and subsection (2) of this section, for any election conducted by mail, ballots must be mailed no sooner than the 20th day and no later than the 15th day before election day.
(2) All ballots mailed to electors on the active list and the provisionally registered list must be mailed the same day.
(3) (a) At any time before noon on the day before election day, a ballot may be mailed or, on request, provided in person at the election administrator's office to an elector on the inactive list after the elector reactivates the elector's registration as provided in 13-2-222.
(b) An elector on the inactive list shall vote at the election administrator's office on election day if the elector reactivates the elector's registration after noon on the day before election day.
(4) An elector who registers pursuant to 13-2-304 must receive the ballot at the election administrator's office.
History: En. Sec. 14, Ch. 196, L. 1985; amd. Sec. 37, Ch. 297, L. 2009; amd. Sec. 13, Ch. 101, L. 2011; amd. Sec. 190, Ch. 49, L. 2015; amd. Sec. 4, Ch. 244, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 19. Mail Ballot Elections › Part 3. Election Procedure › 13-19-301. Voting mail ballots

13-19-301. Voting mail ballots.
(1) Upon receipt of a mailed ballot, the elector may vote 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, as provided in 13-19-306.
(2) For the purpose of this chapter, an official ballot is voted when the marked ballot is received at a place of deposit.
(3) A legally registered or provisionally registered elector with a disability may receive and vote a ballot using procedures established in 13-13-246.
History: En. Sec. 16, Ch. 196, L. 1985; amd. Sec. 78, Ch. 56, L. 2009; amd. Sec. 38, Ch. 297, L. 2009; amd. Sec. 14, Ch. 101, L. 2011; amd. Sec. 66, Ch. 242, L. 2011; amd. Sec. 2, Ch. 247, L. 2015.
2023 Montana Code Annotated › Title 13. Elections › Chapter 19. Mail Ballot Elections › Part 3. Election Procedure › 13-19-302. Proportional voting

13-19-302. Proportional voting.
The election administrator shall provide a method for proportional voting in the administrator's written plan for an election conducted under this chapter that requires votes to be cast in proportion to ownership or any factor other than one vote per person.
History: En. Sec. 12, Ch. 196, L. 1985; amd. Sec. 79, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 19. Mail Ballot Elections › Part 3. Election Procedure › 13-19-303. Voting by elector when absent from place of residence during conduct of election

13-19-303. Voting by elector when absent from place of residence during conduct of election.
(1) A qualified elector who will be absent from the county during the time the election is being conducted may:
(a) vote in person in the election administrator's office as soon as ballots are available and until noon the day before the ballots are scheduled to be mailed; or
(b) make a written request, signed by the applicant and addressed to the election administrator, that the ballot be mailed to an address other than the address that appears on the registration form. Written requests must be accepted until noon the day before the ballots are scheduled to be mailed.
(2) (a) Ballots mailed to electors on the active list and provisionally registered list pursuant to this section must be mailed the same day that all other ballots are mailed, except that a ballot requested pursuant to Title 13, chapter 21, may be sent to the elector as soon as the ballot is available.
(b) A ballot may be provided pursuant to this section until noon on the day before election day if, after the ballots are mailed to active and provisionally registered electors:
(i) an inactive elector reactivates the elector's registration as provided in 13-2-222; or
(ii) an individual registers under the late registration option provided for in 13-2-304 and receives a ballot in person.
History: En. Sec. 15, Ch. 196, L. 1985; amd. Sec. 39, Ch. 297, L. 2009; amd. Sec. 15, Ch. 101, L. 2011; amd. Sec. 18, Ch. 368, L. 2017.
2023 Montana Code Annotated › Title 13. Elections › Chapter 19. Mail Ballot Elections › Part 3. Election Procedure › 13-19-304. Voting by nonregistered electors

13-19-304. Voting by nonregistered electors.
(1) For any election being conducted under this chapter by a political subdivision that allows individuals to vote who are not registered electors, the individual may vote by appearing in person at the election administrator's office or by providing materials by mail, facsimile, or electronic means and demonstrating that the individual possesses the qualifications required for voting.
(2) An individual complying with subsection (1) before official ballots are available may provide a form to the election administrator containing the signature of the individual or the individual's agent designated pursuant to 13-1-116 and the address to which the ballot is to be mailed. The signature provided must be used for verification when the mail ballot is returned.
(3) An individual complying with subsection (1) after official ballots are available and before 8 p.m. on election day must be permitted to vote at that time.
History: En. Sec. 23, Ch. 196, L. 1985; amd. Sec. 80, Ch. 56, L. 2009; amd. Sec. 40, Ch. 297, L. 2009; amd. Sec. 56, Ch. 336, L. 2013; amd. Sec. 19, Ch. 368, L. 2017.
2023 Montana Code Annotated › Title 13. Elections › Chapter 19. Mail Ballot Elections › Part 3. Election Procedure › 13-19-305. Replacement ballots

13-19-305. Replacement ballots.
Replacement ballots may be issued as specified in 13-13-204.
History: En. Sec. 17, Ch. 196, L. 1985; amd. Sec. 81, Ch. 56, L. 2009; amd. Sec. 41, Ch. 297, L. 2009; amd. Sec. 16, Ch. 101, L. 2011.
2023 Montana Code Annotated › Title 13. Elections › Chapter 19. Mail Ballot Elections › Part 3. Election Procedure › 13-19-306. Returning marked ballots -- when -- where

13-19-306. Returning marked ballots -- when -- where.
(1) After complying with 13-19-301, an elector or the elector's agent or designee may return the elector's ballot on or before election day by either:
(a) depositing the signature envelope in the United States mail, with sufficient postage affixed; or
(b) returning it to any place of deposit designated by the election administrator pursuant to 13-19-307.
(2) 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 it is received prior to 8 p.m. on election day.
History: En. Sec. 18, Ch. 196, L. 1985; amd. Sec. 19, Ch. 591, L. 1991; amd. Sec. 82, Ch. 56, L. 2009; amd. Sec. 42, Ch. 297, L. 2009; amd. Sec. 17, Ch. 101, L. 2011; amd. Sec. 67, Ch. 242, L. 2011; amd. Sec. 7, Ch. 139, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 19. Mail Ballot Elections › Part 3. Election Procedure › 13-19-307. Places of deposit -- poll watchers authorized

13-19-307. Places of deposit -- poll watchers authorized.
(1) (a) The election administrator shall designate the election administrator's office and may designate one or more places in the political subdivision in which the election is being conducted as places of deposit where ballots may be returned in person by the elector or the elector's agent or designee.
(b) If the election administrator's office is not accessible pursuant to 13-3-205, the election administrator shall designate at least one accessible place of deposit.
(2) Prior to election day, ballots may be returned to any designated place of deposit during the days and times set by the election administrator and within the regular business hours of the location.
(3) On election day, each location designated as a place of deposit must be open as provided in 13-1-106, and ballots may be returned during those hours.
(4) The election administrator may designate certain locations as election day places of deposit, and any designated location functions as a place of deposit only on election day.
(5) Each place of deposit must be staffed by at least two election officials who, except for election judges serving in elections under Title 20, chapter 20, are selected in the same manner as provided for the selection of election judges in 13-4-102.
(6) The election administrator shall provide each designated place of deposit with an official ballot transport box secured as provided by law.
(7) Poll watchers must be allowed as provided in 13-13-120 and 13-13-121 at each place of deposit during the days and times that the place of deposit is open for the return of ballots.
History: En. Sec. 19, Ch. 196, L. 1985; amd. Sec. 83, Ch. 56, L. 2009; amd. Sec. 43, Ch. 297, L. 2009; amd. Sec. 68, Ch. 242, L. 2011; amd. Sec. 3, Ch. 315, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 19. Mail Ballot Elections › Part 3. Election Procedure › 13-19-308. Disposition of ballots returned in person

13-19-308. Disposition of ballots returned in person.
If a ballot is returned in person by the elector or the elector's agent or designee to a place of deposit other than the election administrator's office, the election officials on location shall:
(1) keep a log of the names of all electors for whom the officials receive ballots;
(2) deposit the unopened signature envelope in the sealed ballot transport box provided for that purpose; and
(3) securely retain all voted ballots until they are transported to the election administrator's office. The transport boxes must then be opened and the ballots handled in the same manner provided for ballots returned under 13-19-309.
History: En. Sec. 20, Ch. 196, L. 1985; amd. Sec. 20, Ch. 591, L. 1991; amd. Sec. 84, Ch. 56, L. 2009; amd. Sec. 44, Ch. 297, L. 2009; amd. Sec. 18, Ch. 101, L. 2011; amd. Sec. 69, Ch. 242, L. 2011.
2023 Montana Code Annotated › Title 13. Elections › Chapter 19. Mail Ballot Elections › Part 3. Election Procedure › 13-19-309. Disposition of ballots returned to election administrator's office

13-19-309. Disposition of ballots returned to election administrator's office.
Ballots returned to the election administrator's office must be handled as provided for absentee ballots in 13-13-241.
History: En. Sec. 21, Ch. 196, L. 1985; amd. Sec. 77, Ch. 414, L. 2003; amd. Sec. 19, Ch. 101, L. 2011; amd. Sec. 70, Ch. 242, L. 2011.
2023 Montana Code Annotated › Title 13. Elections › Chapter 19. Mail Ballot Elections › Part 3. Election Procedure › 13-19-310. Repealed

13-19-310. Repealed.
Sec. 22, Ch. 101, L. 2011.
History: En. Sec. 22, Ch. 196, L. 1985; amd. Sec. 85, Ch. 56, L. 2009; amd. Sec. 45, Ch. 297, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 19. Mail Ballot Elections › Part 3. Election Procedure › 13-19-311. Repealed

13-19-311. Repealed.
Sec. 22, Ch. 101, L. 2011.
History: En. Sec. 24, Ch. 196, L. 1985; amd. Sec. 21, Ch. 591, L. 1991; amd. Sec. 3, Ch. 338, L. 1997; amd. Sec. 46, Ch. 297, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 19. Mail Ballot Elections › Part 3. Election Procedure › 13-19-312. Preparation for count and counting procedure

13-19-312. Preparation for count and counting procedure.
(1) The preparation for counting ballots must be as provided in 13-15-201.
(2) Except as provided in subsection (3), after the close of voting on election day, the counting board appointed pursuant to 13-15-112 shall:
(a) open the official ballot boxes;
(b) if the process authorized under 13-13-241(7) was not used, open each secrecy envelope, removing the voted ballot; and
(c) proceed to count the votes as provided in Title 13, chapter 15.
(3) The election administrator may begin the procedures described in subsection (2) no sooner than 1 day before election day if the election administrator complies with the procedures described in 13-15-207(3).
History: En. Sec. 27, Ch. 196, L. 1985; amd. Sec. 22, Ch. 591, L. 1991; amd. Sec. 78, Ch. 414, L. 2003; amd. Sec. 47, Ch. 297, L. 2009; amd. Sec. 20, Ch. 101, L. 2011; amd. Sec. 8, Ch. 229, L. 2019.
2023 Montana Code Annotated › Title 13. Elections › Chapter 19. Mail Ballot Elections › Part 3. Election Procedure › 13-19-313. Notice to elector -- opportunity to resolve questions

13-19-313. Notice to elector -- opportunity to resolve questions.
Notice to the elector and the opportunity to resolve questions must be as provided in 13-13-245, except as follows:
(1) If a mail ballot is returned as undeliverable, the election administrator shall attempt to contact the elector by the most expedient means available to determine the reason for the return and mail a confirmation notice if the elector cannot be contacted otherwise. The notice must be sent by forwardable, first-class mail with a postage-paid, return-addressed notice.
(2) If the confirmation notice is returned to the election administrator, the election administrator shall place the elector on the inactive list provided for in 13-2-220 until the elector becomes a qualified elector. In order to become a qualified voter, an elector shall follow the procedure in 13-2-222 or 13-2-304, as applicable.
History: En. Sec. 25, Ch. 196, L. 1985; amd. Sec. 10, Ch. 246, L. 1997; amd. Sec. 40, Ch. 475, L. 2003; amd. Sec. 48, Ch. 297, L. 2009; amd. Sec. 21, Ch. 101, L. 2011; amd. Sec. 73, Ch. 242, L. 2011; amd. Sec. 2, Ch. 688, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 19. Mail Ballot Elections › Part 3. Election Procedure › 13-19-314. Resolving ballots in question

13-19-314. Resolving ballots in question.
Any questions concerning the validity of a ballot or signature must be resolved in the following manner:
(1) If the election administrator is unable to determine without doubt whether a voted ballot is valid or invalid, the election administrator shall give notice to the elector as provided in 13-19-313.
(2) If, subsequent to following the procedure in 13-19-313, the election administrator is still unable to determine without doubt whether the voted ballot is valid or invalid, the ballot must be handled as a provisional ballot pursuant to 13-15-107.
History: En. Sec. 26, Ch. 196, L. 1985; amd. Sec. 79, Ch. 414, L. 2003; amd. Sec. 49, Ch. 297, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 21. Montana Absent Uniformed Services and Overseas Voter Act › Part 1. General Provisions › 13-21-101. Short title

13-21-101. Short title.
This chapter may be cited as the "Montana Absent Uniformed Services and Overseas Voter Act".
History: En. Sec. 1, Ch. 557, L. 2003; amd. Sec. 8, Ch. 139, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 21. Montana Absent Uniformed Services and Overseas Voter Act › Part 1. General Provisions › 13-21-103. Repealed

13-21-103. Repealed.
Sec. 23, Ch. 139, L. 2013.
History: En. Sec. 3, Ch. 557, L. 2003; amd. Sec. 1, Ch. 157, L. 2007.
2023 Montana Code Annotated › Title 13. Elections › Chapter 21. Montana Absent Uniformed Services and Overseas Voter Act › Part 1. General Provisions › 13-21-104. Adoption of rules on electronic registration and voting -- acceptance of funds

13-21-104. Adoption of rules on electronic registration and voting -- acceptance of funds.
(1) The secretary of state shall adopt reasonable rules under the rulemaking provisions of the Montana Administrative Procedure Act to implement this chapter. The rules are binding upon election administrators.
(2) The rules must provide that:
(a) there are uniform statewide standards concerning electronic registration and voting;
(b) regular absentee ballots for a primary, general, or special election are available in a format that allows the ballot to be electronically transmitted to a covered voter as soon as the ballots are available pursuant to 13-13-205;
(c) a covered voter may register and vote up to the time that the polls close on election day;
(d) a covered voter is allowed to cast a provisional ballot if there is a question about the elector's registration information or eligibility to vote;
(e) a covered voter with a digital signature is allowed the option of using the digital signature as provided in 13-21-107; and
(f) a ballot cast by a covered voter and transmitted electronically will remain secret, as required by Article IV, section 1, of the Montana constitution. This subsection (2)(f) does not prohibit the adoption of rules establishing administrative procedures on how electronically transmitted votes must be transcribed to an official ballot. However, the rules must be designed to protect the accuracy, integrity, and secrecy of the process.
(3) The secretary of state may apply for and receive a grant of funds from any agency or office of the United States government or from any other public or private source and may use the money for the purpose of implementing this chapter.
History: En. Sec. 2(2), (3), Ch. 111, L. 1991; amd. Sec. 49, Ch. 42, L. 1997; amd. Sec. 3, Ch. 80, L. 1999; amd. Sec. 22, Ch. 557, L. 2003; Sec. 13-13-278, MCA 2001; redes. 13-21-104 by Sec. 24, Ch. 557, L. 2003; amd. Sec. 1, Ch. 278, L. 2009; amd. Sec. 10, Ch. 139, L. 2013; amd. Sec. 20, Ch. 368, L. 2017; amd. Sec. 2, Ch. 226, L. 2019; amd. Sec. 5, Ch. 244, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 21. Montana Absent Uniformed Services and Overseas Voter Act › Part 1. General Provisions › 13-21-105. Elections covered

13-21-105. Elections covered.
(1) The voting procedures in this chapter apply to:
(a) a general, special, presidential preference, or primary election for federal office;
(b) a general, special, recall, or primary election for statewide or state legislative office or state ballot measure.
(2) Nothing in this section prohibits the application of the voting procedures in this chapter to any other elections.
History: En. Sec. 12, Ch. 139, L. 2013.