reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 13. Elections › Chapter 15. Canvassing, Returns, and Certificates › Part 4. County Canvass › 13-15-405. Declaration or certification of results

13-15-405. Declaration or certification of results.
(1) The board shall declare nominated or elected the individuals having the highest number of votes cast for each county and precinct office, except as provided in 13-10-204.
(2) The board shall proclaim the adoption or rejection of a county ballot issue.
(3) The board shall certify the results of the canvass of votes cast for individuals for political subdivision offices and for and against political subdivision ballot issues to the governing body of each political subdivision participating in the election.
(4) If there is a tie vote for a county office, an office of a political subdivision wholly within the county, a precinct office, or a ballot issue voted on only in that county or portion of that county, the board shall certify the vote to the election administrator.
(5) The board shall certify the results of the canvass of votes cast for justice of the peace, city judge, and municipal court judge to the supreme court in order to ensure compliance with 3-1-1502 or 3-1-1503.
History: En. Secs. 183, 192, Ch. 368, L. 1969; amd. Secs. 45, 48, Ch. 365, L. 1977; R.C.M. 1947, 23-4013(1), 23-4103(5); amd. Sec. 161, Ch. 571, L. 1979; amd. Sec. 6, Ch. 317, L. 1991.
2023 Montana Code Annotated › Title 13. Elections › Chapter 15. Canvassing, Returns, and Certificates › Part 4. County Canvass › 13-15-406. Certificates to be issued by the election administrator

13-15-406. Certificates to be issued by the election administrator.
The election administrator shall, except as provided in 13-37-127, deliver a certificate of nomination or election to each individual declared elected by the board.
History: En. Sec. 184, Ch. 368, L. 1969; amd. Sec. 46, Ch. 365, L. 1977; R.C.M. 1947, 23-4014; amd. Sec. 162, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 15. Canvassing, Returns, and Certificates › Part 5. State Canvass › 13-15-501. Certification of canvass to state canvassers

13-15-501. Certification of canvass to state canvassers.
(1) The board of county canvassers shall certify the vote for each individual for whom votes were cast for the offices of president and vice president of the United States, congressional offices, state or district offices voted for in more than one county, members of the legislature, judges of the district court, and for and against ballot issues voted on in more than one county to the board of state canvassers. The certification shall contain all the information required in 13-15-404 for such candidates and issues.
(2) The secretary of the board shall send the certification to the secretary of state by certified mail in an envelope marked "election returns".
History: En. Sec. 185, Ch. 368, L. 1969; amd. Sec. 47, Ch. 365, L. 1977; R.C.M. 1947, 23-4015; amd. Sec. 163, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 15. Canvassing, Returns, and Certificates › Part 5. State Canvass › 13-15-502. Composition and meeting of board of state canvassers

13-15-502. Composition and meeting of board of state canvassers.
Within 27 days after the election, or sooner if the returns are all received, the state auditor, superintendent of public instruction, and attorney general shall meet as a board of state canvassers in the office of the secretary of state and determine the vote. The secretary of state shall serve as secretary of the board, keep minutes of the meeting of the board, and file them in the official records of the secretary of state's office.
History: En. Sec. 186, Ch. 368, L. 1969; amd. Sec. 21, Ch. 365, L. 1977; R.C.M. 1947, 23-4016; amd. Sec. 164, Ch. 571, L. 1979; amd. Sec. 59, Ch. 56, L. 2009; amd. Sec. 13, Ch. 89, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 15. Canvassing, Returns, and Certificates › Part 5. State Canvass › 13-15-503. Repealed

13-15-503. Repealed.
Sec. 33, Ch. 368, L. 2017.
History: En. Sec. 187, Ch. 368, L. 1969; R.C.M. 1947, 23-4017; amd. Sec. 165, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 15. Canvassing, Returns, and Certificates › Part 5. State Canvass › 13-15-504. Governor to issue commissions

13-15-504. Governor to issue commissions.
Upon receipt of the statements required by 13-15-507 and 13-37-127, the governor shall issue commissions to the individuals elected. If the governor has been elected to an additional term, the secretary of state shall issue the commission.
History: En. Sec. 188, Ch. 368, L. 1969; R.C.M. 1947, 23-4018; amd. Sec. 169, Ch. 571, L. 1979; amd. Sec. 60, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 15. Canvassing, Returns, and Certificates › Part 5. State Canvass › 13-15-505. Canvass to be public -- procedure

13-15-505. Canvass to be public -- procedure.
(1) The canvass must be public. It must proceed by opening the returns from each county, auditing the records from each county for errors, determining the vote for each individual and for and against each ballot issue in each county, compiling totals, and declaring and certifying the results.
(2) The board shall record all write-in votes shown in the returns received from each county.
History: En. Sec. 166, Ch. 571, L. 1979; amd. Sec. 61, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 15. Canvassing, Returns, and Certificates › Part 5. State Canvass › 13-15-506. Report of the canvass

13-15-506. Report of the canvass.
(1) The secretary of the board shall prepare and file in the official records of the secretary of state's office a report of the canvass that lists:
(a) the total number of electors voting in each county and in each legislative house district and the total in the state;
(b) the name of each individual receiving votes and the office for which the votes were received;
(c) the number and title of each ballot issue; and
(d) the votes by county and legislative house district and the total votes for each individual and for and against each ballot issue.
(2) Write-in votes for an individual must be entered in the report but must be identified as write-in votes.
History: En. Sec. 167, Ch. 571, L. 1979; amd. Sec. 62, Ch. 56, L. 2009; amd. Sec. 57, Ch. 242, L. 2011.
2023 Montana Code Annotated › Title 13. Elections › Chapter 15. Canvassing, Returns, and Certificates › Part 5. State Canvass › 13-15-507. Declaration, proclamation, and certification of results

13-15-507. Declaration, proclamation, and certification of results.
The board shall declare nominated or elected the individual having the highest number of votes cast for each office, except as provided in 13-10-204. The board shall proclaim the adoption or rejection of ballot issues. Certified copies of the report required in 13-15-506, the declaration of nominated or elected individuals, the proclamation of adoption or rejection of ballot issues, and the effective date of adopted ballot issues shall be delivered to the governor.
History: En. Sec. 168, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 16. Recounts and Tie Votes › Part 1. County Recount Board › 13-16-101. County governing body as county recount board

13-16-101. County governing body as county recount board.
(1) The county recount board must consist of three members.
(2) Three members of the governing body must be appointed by the presiding officer if there are more than three members of the governing body.
(3) If three members of the governing body cannot attend when the board meets, any vacant position must be filled by one or more county officers chosen by the remaining members of the governing body.
(4) If a member of the recount board is a candidate for an office or nomination for which votes are to be recounted, the member must be disqualified.
(5) The election administrator is secretary of the recount board, and the board may hire any additional clerks as needed.
(6) The board may appoint county employees or hire clerks to assist as needed.
(7) If the recount is for a school election, the school recount board as provided in 20-20-420 shall perform recount board duties.
History: En. Sec. 203, Ch. 368, L. 1969; R.C.M. 1947, 23-4114; amd. Sec. 170, Ch. 571, L. 1979; amd. Sec. 63, Ch. 56, L. 2009; amd. Sec. 3, Ch. 347, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 16. Recounts and Tie Votes › Part 2. Recounts in Close Elections › 13-16-203. Recount for tie votes

13-16-203. Recount for tie votes.
(1) When a tie has been certified to the election administrator, as provided in 13-15-405(4), or the secretary of state, the administrator or the secretary of state shall proceed as if a petition for a recount has been filed. If a tie exists after the recount, the tie must be resolved as provided by law.
(2) In the event of a tie in a school election, the board of trustees shall proceed as if a petition for a recount has been filed pursuant to 13-16-204(1)(b). If a tie exists after the recount, the tie must be resolved pursuant to 20-20-418 or as otherwise provided by law.
History: En. Secs. 183, 192, Ch. 368, L. 1969; amd. Secs. 45, 48, Ch. 365, L. 1977; R.C.M. 1947, 23-4013(2), 23-4103(6); amd. Sec. 172, Ch. 571, L. 1979; amd. Sec. 49, Ch. 575, L. 1981; amd. Sec. 65, Ch. 56, L. 2009; amd. Sec. 5, Ch. 347, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 16. Recounts and Tie Votes › Part 2. Recounts in Close Elections › 13-16-204. Meeting of recount board when recount requested

13-16-204. Meeting of recount board when recount requested.
(1) (a) Immediately upon receiving a petition for a recount or a notice from the secretary of state that a petition has been filed as provided in 13-16-201, the election administrator shall notify the members of the county recount board.
(b) Upon receipt of a petition for a school election recount as provided in 13-16-201(2), the school election filing officer shall notify the members of the school recount board.
(2) The board shall convene at the usual meeting place of the governing body without undue delay but not later than 5 days after receiving notice from the election administrator or school election filing officer.
History: En. Sec. 204, Ch. 368, L. 1969; R.C.M. 1947, 23-4115; amd. Sec. 173, Ch. 571, L. 1979; amd. Sec. 3, Ch. 19, L. 1987; amd. Sec. 66, Ch. 56, L. 2009; amd. Sec. 6, Ch. 347, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 16. Recounts and Tie Votes › Part 2. Recounts in Close Elections › 13-16-205. Expenses of recount

13-16-205. Expenses of recount.
(1) Except as provided in subsection (2), the expense of the recount provided for in 13-16-201 is a county charge. Recount expenses of the secretary of state and board of state canvassers are a state charge.
(2) If the recount is for a school election, the expense of the recount is a school district charge as provided in 20-20-107(1).
History: En. Sec. 211, Ch. 368, L. 1969; R.C.M. 1947, 23-4122; amd. Sec. 50, Ch. 575, L. 1981; amd. Sec. 7, Ch. 347, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 16. Recounts and Tie Votes › Part 2. Recounts in Close Elections › 13-16-211. Recounts allowed if bond posted to cover all costs

13-16-211. Recounts allowed if bond posted to cover all costs.
(1) If a candidate for a public office is defeated by a margin exceeding 1/4 of 1% but not exceeding 1/2 of 1% of the total votes cast for all candidates for the same position, the candidate may, within 5 days after the official canvass, file with the officer with whom the candidate's declaration or petition for nomination was filed a petition stating that the candidate believes a recount will change the result of the election.
(2) The unsuccessful candidate shall post a bond with the election administrator of the county in which the candidate resides. The bond must be in an amount set by the election administrator sufficient to cover all costs of the recount incurred by each county in which a recount is sought, which may include the following:
(a) compensation for the county recount board, the election administrator, and any additional personnel needed to participate in the recount; and
(b) necessary supplies and travel related to the recount.
(3) Upon the filing of a petition and posting of a bond under this section, the county recount board, as designated in 13-16-101, in each county affected shall meet and recount the ballots specified in the petition.
History: En. Sec. 1, Ch. 395, L. 1979; amd. Sec. 67, Ch. 56, L. 2009; amd. Sec. 50, Ch. 336, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 16. Recounts and Tie Votes › Part 3. Recounts Under Court Order › 13-16-301. Application and court order for recount

13-16-301. Application and court order for recount.
(1) (a) Within 5 days after the canvass of election returns, an unsuccessful candidate for any public office at an election may apply to the district court of the county where the election was held for an order directing the appropriate county or school recount board to make a recount of the votes cast in any or all of the precincts or the school district polling places. If the election was held in more than one county, the application must be made to the district court of the county where the candidate resides.
(b) Within 5 days after the canvass of election returns, an elector who was eligible to vote on the issue and who believes that there are grounds for a recount of the votes cast for and against a ballot issue may apply to the district court of the county where the elector resides for an order directing the appropriate county or school recount board to make a recount of the votes cast in any or all of the precincts or the school district polling places.
(2) The application must specify the grounds for a recount, and it must be verified by the applicant that the matters contained in it are true to the best of the applicant's knowledge, information, and belief.
(3) Within 5 days after filing of the application, the judge shall hear the application and determine its sufficiency.
(4) If the judge finds there is probable cause to believe that the votes cast for the applicant or the ballot issue were not correctly counted, the judge shall order the appropriate county or school recount board to assemble within 5 days after the order is issued at a time and place fixed by the order. The board shall meet and recount the ballots as specified in the order.
History: En. Sec. 190, Ch. 368, L. 1969; R.C.M. 1947, 23-4101; amd. Sec. 174, Ch. 571, L. 1979; amd. Sec. 68, Ch. 56, L. 2009; amd. Sec. 8, Ch. 347, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 16. Recounts and Tie Votes › Part 3. Recounts Under Court Order › 13-16-302. Service of copy of application -- hearing

13-16-302. Service of copy of application -- hearing.
The candidate found to be elected as a result of the original or first canvass must be served with a copy of the application for recount. The candidate must be given an opportunity to be heard and must be permitted to be present and to be represented at any recount.
History: En. Sec. 199, Ch. 368, L. 1969; R.C.M. 1947, 23-4110; amd. Sec. 69, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 16. Recounts and Tie Votes › Part 3. Recounts Under Court Order › 13-16-303. Presumption of incorrectness from failure to comply with provisions for counting votes

13-16-303. Presumption of incorrectness from failure to comply with provisions for counting votes.
If it appears from a verified application that the election judges failed to comply with the provisions of 13-15-206, that is sufficient cause for believing that the election judges did not correctly ascertain the number of votes cast for the applicant or ballot issue.
History: En. Sec. 193, Ch. 368, L. 1969; R.C.M. 1947, 23-4104; amd. Sec. 175, Ch. 571, L. 1979; amd. Sec. 57, Ch. 414, L. 2003.
2023 Montana Code Annotated › Title 13. Elections › Chapter 16. Recounts and Tie Votes › Part 3. Recounts Under Court Order › 13-16-304. Ordering in another judge -- jurisdiction

13-16-304. Ordering in another judge -- jurisdiction.
(1) If the judge of the district court in which the application is filed is for any reason disqualified from acting, the judge or a supreme court justice shall order another district judge to hear and determine the application.
(2) The district court shall not lose jurisdiction of the case by failure to hear and determine the application within the prescribed time but shall retain jurisdiction until the cause is finally determined and the final count is made by the county recount board.
History: En. Sec. 194, Ch. 368, L. 1969; R.C.M. 1947, 23-4105; amd. Sec. 176, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 16. Recounts and Tie Votes › Part 3. Recounts Under Court Order › 13-16-305. Limitation of recount to certain counties or precincts

13-16-305. Limitation of recount to certain counties or precincts.
(1) If the application asks for a recount in more than one county or precinct but there are not sufficient grounds for a recount in all counties or precincts, the court shall order a recount in only the counties or precincts for which sufficient grounds are stated and shown.
(2) The county recount board shall recount votes only in those counties or precincts and for those offices or ballot issues specified in the court order.
History: En. Secs. 191, 195, Ch. 368, L. 1969; R.C.M. 1947, 23-4102, 23-4106; amd. Sec. 177, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 16. Recounts and Tie Votes › Part 3. Recounts Under Court Order › 13-16-306. Procedure when more than one application for recount

13-16-306. Procedure when more than one application for recount.
If more than one candidate makes application for a recount, the court may consider the applications together. The court may make separate or joint orders on the applications and apportion the expenses between the applicants.
History: En. Sec. 197, Ch. 368, L. 1969; R.C.M. 1947, 23-4108.
2023 Montana Code Annotated › Title 13. Elections › Chapter 16. Recounts and Tie Votes › Part 3. Recounts Under Court Order › 13-16-307. Expenses of court-ordered recount

13-16-307. Expenses of court-ordered recount.
(1) The court shall in its order determine the probable expense of making the recount, and the applicant or applicants asking for the recount shall deposit with the board the amount determined, in cash.
(2) If the recount shows that an applicant has been elected to office, the deposit of the applicant must be returned to the applicant.
(3) If the recount shows that an applicant has not been elected and the expense of the recount is greater than the estimated cost, the applicant shall pay the excess; however, if the expense is less than the cost, the difference must be refunded to the applicant.
(4) If the recount reverses the results of a ballot issue election, the deposit of the applicant must be returned to the applicant.
(5) If the recount does not reverse the results of a ballot issue election and the expense of the recount is greater than the estimated cost, the applicant shall pay the excess; however, if the expense is less than the cost, the difference must be refunded to the applicant.
History: En. Sec. 196, Ch. 368, L. 1969; R.C.M. 1947, 23-4107; amd. Sec. 178, Ch. 571, L. 1979; amd. Sec. 70, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 16. Recounts and Tie Votes › Part 4. Recount Procedure › 13-16-411. Individuals entitled to appear at recount

13-16-411. Individuals entitled to appear at recount.
(1) Representatives of the news media may be present at the recount. The recount must be public, but the audience may be limited to prevent interference with the procedures.
(2) Each candidate involved in a recount may appear, personally or by representative, and must have full opportunity to witness the entire recount process.
(3) If the recount is on a ballot issue, one qualified elector favoring each side of the question may be present.
History: En. Sec. 205, Ch. 368, L. 1969; R.C.M. 1947, 23-4116(1), (2), (4); amd. Sec. 179, Ch. 571, L. 1979; Sec. 13-16-401, MCA 1979; redes. 13-16-411 by Code Commissioner, 1979; amd. Sec. 58, Ch. 414, L. 2003.
2023 Montana Code Annotated › Title 13. Elections › Chapter 16. Recounts and Tie Votes › Part 4. Recount Procedure › 13-16-412. Procedure for recounting paper ballots

13-16-412. Procedure for recounting paper ballots.
To conduct a recount of paper ballots:
(1) the election administrator shall provide to the recount board, unopened, each sealed package or envelope received from the election judges of the precinct or precincts in which a recount is ordered, containing all the paper ballots voted in the precinct or precincts;
(2) a member of the recount board shall open each sealed package or envelope and remove the ballots, and the board shall count the votes on each ballot manually in the manner provided in 13-15-206(2), except that if the office to be recounted is on a partisan primary election ballot, votes are recounted only on the party ballots that are subject to the recount; and
(3) the recount must be tallied on previously prepared tally sheets. The tally sheets must show the names of the respective candidates, the office or offices for which a recount is made, and the number of each election precinct.
History: En. Sec. 198, Ch. 368, L. 1969; R.C.M. 1947, 23-4109; amd. Sec. 180, Ch. 571, L. 1979; Sec. 13-16-402, MCA 1979; redes. 13-16-412 by Code Commissioner, 1979; amd. Sec. 59, Ch. 414, L. 2003; amd. Sec. 18, Ch. 586, L. 2005; amd. Sec. 59, Ch. 242, L. 2011.
2023 Montana Code Annotated › Title 13. Elections › Chapter 16. Recounts and Tie Votes › Part 4. Recount Procedure › 13-16-414. Repealed

13-16-414. Repealed.
Sec. 32, Ch. 273, L. 2007.
History: En. Sec. 182, Ch. 571, L. 1979; amd. Sec. 51, Ch. 575, L. 1981; amd. Sec. 60, Ch. 414, L. 2003; amd. Sec. 19, Ch. 586, L. 2005.
2023 Montana Code Annotated › Title 13. Elections › Chapter 16. Recounts and Tie Votes › Part 4. Recount Procedure › 13-16-415. Recount totals

13-16-415. Recount totals.
After a recount is completed, tally sheets must be compared and the correctness of all reports of votes cast must be ascertained. The totals for each candidate or on each issue must be compiled and checked for accuracy.
History: En. Sec. 183, Ch. 571, L. 1979; amd. Sec. 71, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 16. Recounts and Tie Votes › Part 4. Recount Procedure › 13-16-416. Report of recount

13-16-416. Report of recount.
(1) If the recount shows the votes for any candidate or on any ballot issue are more or less than the number shown upon the official returns, the secretary of the recount board shall prepare a corrected report that states the number of votes ascertained by the recount.
(2) The recount board shall direct the secretary to enter the result of the election as determined by the recount in the board records.
History: En. Sec. 184, Ch. 571, L. 1979; amd. Sec. 72, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 16. Recounts and Tie Votes › Part 4. Recount Procedure › 13-16-417. Sealing ballots

13-16-417. Sealing ballots.
(1) When a recount of paper ballots is finished, each ballot must again be sealed in the same package or envelope in the presence of the election administrator and the appropriate county or school recount board and must be delivered to the election administrator for custody.
(2) All other materials used in the recount that are required to be sealed must be resealed in the same manner and delivered to the election administrator for custody.
History: En. Sec. 200, Ch. 368, L. 1969; R.C.M. 1947, 23-4111; amd. Sec. 185, Ch. 571, L. 1979; Sec. 13-16-403, MCA 1979; redes. 13-16-417 by Code Commissioner, 1979; amd. Sec. 61, Ch. 414, L. 2003; amd. Sec. 73, Ch. 56, L. 2009; amd. Sec. 51, Ch. 336, L. 2013; amd. Sec. 9, Ch. 347, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 16. Recounts and Tie Votes › Part 4. Recount Procedure › 13-16-419. Recount by board of state canvassers

13-16-419. Recount by board of state canvassers.
(1) When the secretary of state receives certificates from all county recount boards, the secretary of state shall file them, shall fix a time and place, as soon as possible, for reconvening the board of state canvassers, and shall notify the members.
(2) The board of state canvassers shall recanvass the official returns on the office, nomination, position, or question as corrected by the certificates and make a new and corrected abstract of the votes cast.
(3) (a) If the corrected abstract shows no change in the results, further action may not be taken.
(b) If there is a change in the results, the first certificate is void and a new certificate of election or nomination must be issued in the same manner as the certificate of election or nomination was previously issued to each candidate elected or nominated.
History: En. Sec. 207, Ch. 368, L. 1969; R.C.M. 1947, 23-4118; Sec. 13-16-405, MCA 1979; redes. 13-16-419 by Code Commissioner, 1979; amd. Sec. 52, Ch. 575, L. 1981; amd. Sec. 75, Ch. 56, L. 2009; amd. Sec. 60, Ch. 242, L. 2011.
2023 Montana Code Annotated › Title 13. Elections › Chapter 16. Recounts and Tie Votes › Part 4. Recount Procedure › 13-16-420. Misplaced or missing ballots

13-16-420. Misplaced or missing ballots.
If during a recount the appropriate county or school recount board discovers that ballots are misplaced or missing, it may petition the election administrator to inspect all sealed paper ballots within the county precincts or school district polling places to find the misplaced or missing ballots. Upon receiving the petition, the election administrator shall inspect the sealed ballots to find the misplaced or missing ballots. Upon completion of the recount, the misplaced or missing ballots must be placed with the proper precinct or school district polling place ballots and sealed with them.
History: En. Sec. 16, Ch. 591, L. 1991; amd. Sec. 62, Ch. 414, L. 2003; amd. Sec. 11, Ch. 347, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 16. Recounts and Tie Votes › Part 5. Tie Votes › 13-16-501. Tie vote after recount

13-16-501. Tie vote after recount.
(1) If the recount shows a tie vote for any office and it cannot be determined who has been nominated by the primary election, the election officer with whom the candidates' nominating declarations or petitions were filed shall determine by lot which candidate shall be nominated. Written notice of the time and place of the drawing shall be given to each candidate involved.
(2) If the recount after a general election shows a tie vote and it cannot be determined who has been elected, the office or position shall be filled as provided by 13-16-502 through 13-16-506.
History: En. Sec. 208, Ch. 368, L. 1969; R.C.M. 1947, 23-4119; amd. Sec. 187, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 16. Recounts and Tie Votes › Part 5. Tie Votes › 13-16-502. Tie vote in election for United States congress

13-16-502. Tie vote in election for United States congress.
If there is a tie vote for United States representative or senator, the secretary of state shall send a certified statement to the governor showing the votes cast and the governor shall order a special election.
History: En. Sec. 209, Ch. 368, L. 1969; R.C.M. 1947, 23-4120(1); amd. Sec. 188, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 16. Recounts and Tie Votes › Part 5. Tie Votes › 13-16-503. Tie vote in election for supreme court justice, district court judge, or state legislator

13-16-503. Tie vote in election for supreme court justice, district court judge, or state legislator.
If there is a tie vote for justice of the supreme court, judge of a district court, or member of the legislature, the secretary of state shall send a certified statement to the governor showing the votes cast for each individual and the governor shall appoint one of those candidates to the office.
History: En. Sec. 209, Ch. 368, L. 1969; R.C.M. 1947, 23-4120(2); amd. Sec. 189, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 16. Recounts and Tie Votes › Part 5. Tie Votes › 13-16-504. Tie vote in election for state executive officers

13-16-504. Tie vote in election for state executive officers.
If there is a tie vote for governor and lieutenant governor, secretary of state, attorney general, state auditor, clerk of the supreme court, superintendent of public instruction, or any other state executive officer, the secretary of state shall transmit a certified copy of the statement to the legislature showing the votes cast for the two or more candidates having an equal and the highest number of votes. The legislature, at its next regular session, shall elect one of these candidates to fill the office by joint ballot of the two houses.
History: En. Sec. 210, Ch. 368, L. 1969; amd. Sec. 50, Ch. 365, L. 1977; amd. Sec. 3, Ch. 468, L. 1977; R.C.M. 1947, 23-4121(1), (4); amd. Sec. 190, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 16. Recounts and Tie Votes › Part 5. Tie Votes › 13-16-505. Tie vote in election for county commissioner

13-16-505. Tie vote in election for county commissioner.
If there is a tie vote for commissioner, the senior district judge shall appoint one of the candidates who tied to fill the office as in other cases of vacancy.
History: En. Sec. 210, Ch. 368, L. 1969; amd. Sec. 50, Ch. 365, L. 1977; amd. Sec. 3, Ch. 468, L. 1977; R.C.M. 1947, 23-4121(3); amd. Sec. 191, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 16. Recounts and Tie Votes › Part 5. Tie Votes › 13-16-506. Tie vote in election for other county officers

13-16-506. Tie vote in election for other county officers.
If there is a tie vote for clerk of the district court, county attorney, or any county officer except county commissioner, the commissioners shall appoint one of the candidates who tied to fill the office as in other cases of vacancy.
History: En. Sec. 210, Ch. 368, L. 1969; amd. Sec. 50, Ch. 365, L. 1977; amd. Sec. 3, Ch. 468, L. 1977; R.C.M. 1947, 23-4121(2); amd. Sec. 192, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 16. Recounts and Tie Votes › Part 5. Tie Votes › 13-16-507. Tie vote in election for officers of nonspecified political subdivision

13-16-507. Tie vote in election for officers of nonspecified political subdivision.
If there is a tie vote for an officer of any political subdivision not specifically provided for in this part, the governing body of that jurisdiction shall appoint one of the candidates who tied to fill the office as in other cases of vacancy.
History: En. Sec. 193, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 1. General Provisions › 13-17-101. Secretary of state to approve voting systems

13-17-101. Secretary of state to approve voting systems.
(1) A voting system may not be used for any election in this state unless the system is approved by the secretary of state as provided in this section.
(2) The secretary of state shall:
(a) examine a voting system proposed for use to determine if it complies with the requirements of 13-17-103;
(b) within 30 days after examining the voting system, file a report of the examination in the secretary of state's office;
(c) include in the report the reasons for the voting system's approval or disapproval and the secretary of state's opinion about the economic and procedural impact that the voting system's use or nonuse may have on the various counties of this state; and
(d) within 5 days after filing the report, transmit to each election administrator, including school election administrators for elections under Title 20, chapter 20, a copy of the report.
(3) Voting systems may not be used in an election unless approved by the secretary of state 60 days or more prior to the election at which they will be used.
History: En. Sec. 142, Ch. 368, L. 1969; amd. Sec. 40, Ch. 365, L. 1977; R.C.M. 1947, 23-3801(1), (2); amd. Sec. 194, Ch. 571, L. 1979; amd. Sec. 63, Ch. 414, L. 2003; amd. Sec. 24, Ch. 128, L. 2011.
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 1. General Provisions › 13-17-102. Use of qualified technicians and advisers

13-17-102. Use of qualified technicians and advisers.
(1) To the extent that funds are available, the secretary of state may compensate qualified technicians and advisers to assist in carrying out the secretary of state's duties required by 13-17-101.
(2) An entity submitting a voting system for examination shall pay to the secretary of state certain costs connected with the examination based on an agreement reached between the two parties.
History: En. Sec. 142, Ch. 368, L. 1969; amd. Sec. 40, Ch. 365, L. 1977; R.C.M. 1947, 23-3801(3), (4); amd. Sec. 195, Ch. 571, L. 1979; amd. Sec. 64, Ch. 414, L. 2003.
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 1. General Provisions › 13-17-104. Providing voting systems -- payment

13-17-104. Providing voting systems -- payment.
(1) The county governing body may, as practicable, provide for the use of any voting system approved pursuant to 13-17-101.
(2) Funds for voting systems may be provided by the same methods available for other capital equipment purchases by the county.
(3) The governing body of a county may put the question of purchasing voting systems or the question of which type of voting system to purchase to the registered electors of the county by the same method that any other question is referred to the electors.
(4) A county governing body may, in the manner provided in rules adopted under 13-17-107, submit a voting system for consideration under 13-17-101.
History: En. Sec. 144, Ch. 368, L. 1969; R.C.M. 1947, 23-3803; amd. Sec. 197, Ch. 571, L. 1979; amd. Sec. 66, Ch. 414, L. 2003.
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 1. General Provisions › 13-17-105. Repealed

13-17-105. Repealed.
Sec. 4, Ch. 531, L. 2021.
History: En. Sec. 158, Ch. 368, L. 1969; R.C.M. 1947, 23-3817; amd. Sec. 198, Ch. 571, L. 1979; amd. Sec. 67, Ch. 414, L. 2003.
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 1. General Provisions › 13-17-106. General application of election laws

13-17-106. General application of election laws.
All laws applicable to elections when voting is not done using a voting system and all penalties prescribed for violations of those laws apply to elections and precincts when voting systems are used if those laws are not in conflict with the provisions of this chapter.
History: En. Sec. 163, Ch. 368, L. 1969; amd. Sec. 44, Ch. 334, L. 1977; amd. Sec. 42, Ch. 365, L. 1977; R.C.M. 1947, 23-3822; amd. Sec. 199, Ch. 571, L. 1979; amd. Sec. 68, Ch. 414, L. 2003.
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 1. General Provisions › 13-17-107. Secretary of state to prescribe rules

13-17-107. Secretary of state to prescribe rules.
(1) The secretary of state may prescribe rules for the submission of voting systems for examination and additional requirements for approval of voting systems.
(2) The secretary of state shall prescribe rules for the complete procedures necessary to use each type of voting system now approved for use in this state and for each type of system approved for use under the provisions of this chapter.
History: En. Sec. 200, Ch. 571, L. 1979; amd. Sec. 69, Ch. 414, L. 2003.
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 1. General Provisions › 13-17-108. Punchcard voting systems prohibited

13-17-108. Punchcard voting systems prohibited.
A punchcard voting system may not be used in an election after December 31, 2003.
History: En. Sec. 1, Ch. 320, L. 2003.
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 2. Preparation for Use of Systems › 13-17-201. Election administrator to instruct election judges

13-17-201. Election administrator to instruct election judges.
(1) Before each election in which a voting system is used, the election administrator shall instruct all election judges in the use of the system as provided in 13-4-203.
(2) A chief election judge may not serve in a precinct where a voting system is used unless the judge has received the required instruction, is fully qualified to perform duties in connection with the system, and has received a certificate to that effect from the election administrator.
History: En. Sec. 148, Ch. 368, L. 1969; amd. Sec. 41, Ch. 365, L. 1977; R.C.M. 1947, 23-3807; amd. Sec. 201, Ch. 571, L. 1979; amd. Sec. 70, Ch. 414, L. 2003.
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 2. Preparation for Use of Systems › 13-17-202. Repealed

13-17-202. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 151, Ch. 368, L. 1969; R.C.M. 1947, 23-3810.
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 2. Preparation for Use of Systems › 13-17-203. Publication of information concerning voting systems

13-17-203. Publication of information concerning voting systems.
(1) Not more than 10 or less than 2 days before an election at which a voting system will be used by voters, the election administrator shall broadcast on radio or television, as provided in 2-3-105 through 2-3-107, or publish in a newspaper of general circulation in the county:
(a) a diagram showing the voting system to be used by voters and a sample of the ballot layout (in newspaper only);
(b) a statement of the locations where voting systems to be used by voters are on public exhibition; and
(c) instructions on how to vote.
(2) The election administrator shall select the method of notification that the election administrator believes is best suited to reach the largest number of potential electors.
History: En. Sec. 149, Ch. 368, L. 1969; R.C.M. 1947, 23-3808; amd. Sec. 202, Ch. 571, L. 1979; amd. Sec. 71, Ch. 414, L. 2003; amd. Sec. 29, Ch. 297, L. 2009; amd. Sec. 61, Ch. 242, L. 2011; amd. Sec. 52, Ch. 336, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 2. Preparation for Use of Systems › 13-17-204. Voting systems to be exhibited

13-17-204. Voting systems to be exhibited.
A voting system must be on exhibition in the office of the election administrator of any county where the voting system is used and may be exhibited at other locations. The election administrator shall demonstrate the voting system to any inquiring elector.
History: En. Sec. 150, Ch. 368, L. 1969; R.C.M. 1947, 23-3809; amd. Sec. 203, Ch. 571, L. 1979; amd. Sec. 72, Ch. 414, L. 2003.
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 2. Preparation for Use of Systems › 13-17-205. Repealed

13-17-205. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 145, Ch. 368, L. 1969; amd. Sec. 1, Ch. 116, L. 1977; R.C.M. 1947, 23-3804(1), (7).
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 2. Preparation for Use of Systems › 13-17-206. Repealed

13-17-206. Repealed.
Sec. 32, Ch. 273, L. 2007.
History: En. Sec. 145, Ch. 368, L. 1969; amd. Sec. 1, Ch. 116, L. 1977; R.C.M. 1947, 23-3804; amd. Sec. 204, Ch. 571, L. 1979; amd. Sec. 73, Ch. 414, L. 2003.
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 2. Preparation for Use of Systems › 13-17-207. Repealed

13-17-207. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 152, Ch. 368, L. 1969; R.C.M. 1947, 23-3811.
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 2. Preparation for Use of Systems › 13-17-211. Uniform procedures for using voting systems

13-17-211. Uniform procedures for using voting systems.
(1) For each voting system approved under 13-17-101, the secretary of state shall adopt rules specifying the procedures to be uniformly applied in elections conducted with the voting system.
(2) The rules must, at a minimum, specify procedures that address the following:
(a) performance testing and certification under 13-17-212;
(b) how electors ensure the proper disposition of a ballot pursuant to 13-13-117(2);
(c) the procedures to be followed if the comparison under 13-15-206(2)(b) reveals discrepancies;
(d) how to operate and test the system during counts; and
(e) the security measures necessary to secure the voting system before, during, and after an election.
History: En. Sec. 3, Ch. 414, L. 2003; amd. Sec. 20, Ch. 586, L. 2005; amd. Sec. 28, Ch. 273, L. 2007; amd. Sec. 53, Ch. 336, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 2. Preparation for Use of Systems › 13-17-212. Performance testing and certification of voting systems prior to election

13-17-212. Performance testing and certification of voting systems prior to election.
(1) No more than 30 days prior to an election in which a voting system is used, the election administrator shall publicly test and certify that the system is performing properly. An election administrator shall test all central count vote tabulation machines to be used if automatic tabulation begins pursuant to 13-13-241(7)(a) the day before the election. In accordance with subsection (3), the secretary of state shall adopt rules to meet the requirements of this subsection.
(2) The secretary of state shall ensure that at least 10% of each type of voting system in the state has been randomly tested and certified at least once every calendar year.
(3) The provisions of this section must be implemented according to rules adopted by the secretary of state pursuant to 13-17-211.
History: En. Sec. 4, Ch. 414, L. 2003; amd. Sec. 18, Ch. 286, L. 2005; amd. Sec. 29, Ch. 273, L. 2007; amd. Sec. 30, Ch. 297, L. 2009; amd. Sec. 1, Ch. 400, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 3. Voting Procedure › 13-17-301. Repealed

13-17-301. Repealed.
Sec. 91, Ch. 414, L. 2003.
History: En. Sec. 147, Ch. 368, L. 1969; R.C.M. 1947, 23-3806(1); amd. Sec. 205, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 3. Voting Procedure › 13-17-302. Repealed

13-17-302. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 147, Ch. 368, L. 1969; R.C.M. 1947, 23-3806(2).
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 3. Voting Procedure › 13-17-303. Repealed

13-17-303. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 153, Ch. 368, L. 1969; amd. Sec. 43, Ch. 334, L. 1977; R.C.M. 1947, 23-3812.
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 3. Voting Procedure › 13-17-304. Repealed

13-17-304. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 159, Ch. 368, L. 1969; R.C.M. 1947, 23-3818(1).
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 3. Voting Procedure › 13-17-305. Repealed

13-17-305. Repealed.
Sec. 32, Ch. 273, L. 2007.
History: En. Sec. 159, Ch. 368, L. 1969; R.C.M. 1947, 23-3818(2); amd. Sec. 206, Ch. 571, L. 1979; amd. Sec. 1, Ch. 588, L. 1985; amd. Sec. 74, Ch. 414, L. 2003.
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 3. Voting Procedure › 13-17-306. Use of separate paper ballots for voting on certain candidates or issues

13-17-306. Use of separate paper ballots for voting on certain candidates or issues.
Subject to 13-12-202, whenever a voting system does not allow adequate space for all candidates for all offices or for all ballot issues, separate paper ballots may be used for some or all offices or ballot issues if written authorization is given to the election administrator by the secretary of state.
History: En. Sec. 160, Ch. 368, L. 1969; R.C.M. 1947, 23-3819; amd. Sec. 207, Ch. 571, L. 1979; amd. Sec. 75, Ch. 414, L. 2003.
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 3. Voting Procedure › 13-17-307. Repealed

13-17-307. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 146, Ch. 368, L. 1969; R.C.M. 1947, 23-3805.
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 4. Vote Count (Repealed) › 13-17-401. Repealed

13-17-401. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 154, Ch. 368, L. 1969; R.C.M. 1947, 23-3813.
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 4. Vote Count (Repealed) › 13-17-402. Repealed

13-17-402. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 155, Ch. 368, L. 1969; R.C.M. 1947, 23-3814.
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 4. Vote Count (Repealed) › 13-17-403. Repealed

13-17-403. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 156, Ch. 368, L. 1969; R.C.M. 1947, 23-3815.
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 4. Vote Count (Repealed) › 13-17-404. Repealed

13-17-404. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 157, Ch. 368, L. 1969; R.C.M. 1947, 23-3816.
2023 Montana Code Annotated › Title 13. Elections › Chapter 17. Voting Systems › Part 5. Postelection Audit › 13-17-502. Definitions

13-17-502. Definitions.
As used in this part, the following definitions apply:
(1) "Computer software expert" means a person who has obtained a bachelor of science degree in computer science with expertise in software engineering and who is not affiliated with an election software vendor.
(2) "County audit committee" means the committee that conducts a random-sample audit in a county.
(3) "Vote-counting machine" means an individual piece of equipment used to automatically tabulate votes.
History: En. Sec. 2, Ch. 89, L. 2009.