reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 2. Procedure for Electors Absent From the Polling Place › 13-13-245. Notice to elector -- opportunity to resolve questions

13-13-245. Notice to elector -- opportunity to resolve questions.
(1) As soon as possible after receipt of an elector's absentee ballot application or signature envelope, the election administrator shall give notice to the elector by the most expedient method available if the election administrator determines that:
(a) the elector's ballot is to be handled as a provisional ballot;
(b) the validity of the ballot is in question; or
(c) the election administrator has not received or is unable to verify the elector's or agent's signature under 13-13-213 or 13-13-241.
(2) The election administrator shall inform the elector that, prior to 8 p.m. on election day, the elector may:
(a) by mail, facsimile, electronic means, or in person, resolve the issue that resulted in the ballot being handled as a provisional ballot, confirm the validity of the ballot, or verify the elector's or agent's signature or provide a signature, after proof of identification, by affirming that the signature is in fact the elector's, by completing a new registration form containing the elector's current signature, or by providing a new agent designation form; or
(b) if necessary, request and receive a replacement ballot pursuant to 13-13-204.
(3) The ballot of an elector who fails to provide information pursuant to subsection (2) must be handled as a provisional ballot pursuant to 13-15-107.
(4) (a) If an absentee 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 mail with a postage-paid, return-addressed reply.
(b) If the confirmation notice is returned to the election administrator, after the election the election administrator shall place the elector on the inactive list provided for in 13-2-220 until the elector reactivates the elector's registration pursuant to 13-2-222.
(c) (i) During the election, the elector must be provided with:
(A) the elector's undeliverable ballot upon notification in writing by the elector of the elector's correct mailing address; or
(B) a replacement ballot if a request has been made pursuant to 13-13-204.
(ii) An elector who votes in the election pursuant to this subsection (4)(c) may not be placed on the inactive list pursuant to the procedures provided in subsection (4)(b).
History: En. Sec. 7, Ch. 101, L. 2011; amd. Sec. 38, Ch. 336, L. 2013; amd. Sec. 14, Ch. 368, L. 2017; amd. Sec. 2, Ch. 255, L. 2023.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 2. Procedure for Electors Absent From the Polling Place › 13-13-270. Absentee voting provisions for United States electors supersede

13-13-270. Absentee voting provisions for United States electors supersede.
A provision of this chapter may not be interpreted to conflict with Title 13, chapter 21.
History: En. Sec. 9, Ch. 557, L. 2003.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 2. Procedure for Electors Absent From the Polling Place › 13-13-276. Repealed

13-13-276. Repealed.
Sec. 23, Ch. 557, L. 2003.
History: En. Sec. 1, Ch. 111, L. 1991; amd. Sec. 48, Ch. 42, L. 1997; amd. Sec. 1, Ch. 80, L. 1999.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 2. Procedure for Electors Absent From the Polling Place › 13-13-279. Repealed

13-13-279. Repealed.
Sec. 315, Ch. 42, L. 1997.
History: En. Sec. 3, Ch. 111, L. 1991.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 3. Challenges › 13-13-302. Repealed

13-13-302. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 27, Init. Act, Nov. 1912; re-en. Sec. 10792, R.C.M. 1921; re-en. Sec. 10792, R.C.M. 1935; Sec. 94-1446, R.C.M. 1947; redes. 23-4746 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 45, Ch. 334, L. 1977; R.C.M. 1947, 23-4746.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 3. Challenges › 13-13-303. Repealed

13-13-303. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 37, Ch. 368, L. 1969; amd. Sec. 12, Ch. 365, L. 1977; R.C.M. 1947, 23-3018(2).
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 3. Challenges › 13-13-304. Repealed

13-13-304. Repealed.
Sec. 44, Ch. 475, L. 2003.
History: Ap. p. Sec. 34, Ch. 368, L. 1969; amd. Sec. 11, Ch. 365, L. 1977; Sec. 23-3015, R.C.M. 1947; Ap. p. Sec. 114, Ch. 368, L. 1969; Sec. 23-3614, R.C.M. 1947; R.C.M. 1947, 23-3015(4), 23-3614; amd. Sec. 134, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 3. Challenges › 13-13-305. Repealed

13-13-305. Repealed.
Sec. 44, Ch. 475, L. 2003.
History: En. Sec. 34, Ch. 368, L. 1969; amd. Sec. 11, Ch. 365, L. 1977; R.C.M. 1947, 23-3015(5).
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 3. Challenges › 13-13-306. Repealed

13-13-306. Repealed.
Sec. 44, Ch. 475, L. 2003.
History: En. Sec. 112, Ch. 368, L. 1969; amd. Sec. 34, Ch. 365, L. 1977; R.C.M. 1947, 23-3612; amd. Sec. 135, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 3. Challenges › 13-13-307. Repealed

13-13-307. Repealed.
Sec. 44, Ch. 475, L. 2003.
History: En. Sec. 113, Ch. 368, L. 1969; amd. Sec. 35, Ch. 365, L. 1977; R.C.M. 1947, 23-3613; amd. Sec. 136, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 3. Challenges › 13-13-308. Repealed

13-13-308. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 115, Ch. 368, L. 1969; R.C.M. 1947, 23-3615.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 3. Challenges › 13-13-309. Repealed

13-13-309. Repealed.
Sec. 44, Ch. 475, L. 2003.
History: En. Sec. 116, Ch. 368, L. 1969; R.C.M. 1947, 23-3616; amd. Sec. 137, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 3. Challenges › 13-13-310. Repealed

13-13-310. Repealed.
Sec. 44, Ch. 475, L. 2003.
History: En. Sec. 117, Ch. 368, L. 1969; R.C.M. 1947, 23-3617; amd. Sec. 138, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 3. Challenges › 13-13-311. Repealed

13-13-311. Repealed.
Sec. 44, Ch. 475, L. 2003.
History: En. Sec. 133, Ch. 571, L. 1979; amd. Sec. 12, Ch. 298, L. 1987.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 6. Provisional Voting -- Rulemaking › 13-13-601. Provisional voting in person

13-13-601. Provisional voting in person.
(1) Before being given a ballot, an elector casting a provisional ballot:
(a) must be given information, in a form prescribed by the secretary of state, explaining how to vote provisionally, what information must be provided by the elector to verify the elector's eligibility, and how to determine whether the elector's provisional ballot is or is not counted and, if not, the reasons why;
(b) shall sign an affirmation in a form prescribed by the secretary of state swearing that, to the best of the elector's knowledge, the elector is eligible to vote in the election and precinct and is aware of the penalty for false swearing; and
(c) shall cast and return the provisional ballot to an election judge, who shall place the ballot into an envelope prescribed by the secretary of state for provisional ballots.
(2) A provisional ballot must be handled as provided in 13-15-107.
(3) An elector making a false affirmation under this section is subject to the penalty for false swearing provided in 45-7-202.
History: En. Sec. 22, Ch. 475, L. 2003.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 6. Provisional Voting -- Rulemaking › 13-13-602. Fail-safe and provisional voting by mail

13-13-602. Fail-safe and provisional voting by mail.
(1) To ensure the election administrator has information sufficient to determine the elector's eligibility to vote, an elector voting by mail may enclose in the outer signature envelope, together with the voted ballot in the secrecy envelope:
(a) a Montana driver's license number, Montana state identification card number issued pursuant to 61-12-501, or the last four digits of the applicant's social security number;
(b) a readable copy of a military identification card, a tribal photo identification card, a United States passport, a photo identification card issued by a Montana college or university, or a Montana concealed carry permit; or
(c) (i) any other form of readable photo identification with the individual's name; and
(ii) a copy of a current utility bill, bank statement, paycheck, notice of confirmation of voter registration issued pursuant to 13-2-207, government check, or other government document that shows the elector's name and current address.
(2) The elector's ballot must be handled as a provisional ballot under 13-15-107 if:
(a) a provisionally registered elector voting by mail does not enclose with the ballot the information described in subsection (1);
(b) the information provided under subsection (1) is invalid or insufficient to verify the elector's eligibility; or
(c) the elector's name does not appear on the precinct register.
History: En. Sec. 23, Ch. 475, L. 2003; amd. Sec. 50, Ch. 56, L. 2009; amd. Sec. 44, Ch. 242, L. 2011; amd. Sec. 40, Ch. 336, L. 2013; amd. Sec. 3, Ch. 254, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 13. Election Procedure › Part 6. Provisional Voting -- Rulemaking › 13-13-603. Rulemaking on provisional voting, absentee ballots, and challenged ballots

13-13-603. Rulemaking on provisional voting, absentee ballots, and challenged ballots.
(1) The secretary of state shall adopt rules to:
(a) implement the provisions of 13-13-114 and this part concerning verification of voter identification and eligibility;
(b) establish standards for determining the sufficiency of information provided on absentee ballot signature envelopes pursuant to 13-13-241;
(c) implement the provisions of 13-15-107 on the handling and counting of provisional and challenged ballots, including the establishment of procedures for verifying voter registration and eligibility information with respect to the ballots.
(2) The rules may not conflict with rules established under 13-2-109.
History: En. Sec. 24, Ch. 475, L. 2003; amd. Sec. 41, Ch. 336, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 14. Nonpartisan Elections › Part 1. General Provisions › 13-14-101. Repealed

13-14-101. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: (1), (2)En. Sec. 225, Ch. 368, L. 1969; Sec. 23-4501, R.C.M. 1947; (3)En. Sec. 230, Ch. 368, L. 1969; Sec. 23-4506, R.C.M. 1947; R.C.M. 1947, 23-4501, 23-4506(3).
2023 Montana Code Annotated › Title 13. Elections › Chapter 14. Nonpartisan Elections › Part 1. General Provisions › 13-14-102. Repealed

13-14-102. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 226, Ch. 368, L. 1969; R.C.M. 1947, 23-4502.
2023 Montana Code Annotated › Title 13. Elections › Chapter 14. Nonpartisan Elections › Part 1. General Provisions › 13-14-103. Repealed

13-14-103. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 227, Ch. 368, L. 1969; R.C.M. 1947, 23-4503.
2023 Montana Code Annotated › Title 13. Elections › Chapter 14. Nonpartisan Elections › Part 1. General Provisions › 13-14-104. Repealed

13-14-104. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 228, Ch. 368, L. 1969; R.C.M. 1947, 23-4504.
2023 Montana Code Annotated › Title 13. Elections › Chapter 14. Nonpartisan Elections › Part 1. General Provisions › 13-14-111. Application of general laws

13-14-111. Application of general laws.
Except as otherwise provided in this chapter, candidates for nonpartisan offices, including judicial offices, must be nominated and elected according to the provisions of this title.
History: En. Sec. 139, Ch. 571, L. 1979; amd. Sec. 51, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 14. Nonpartisan Elections › Part 1. General Provisions › 13-14-112. Declarations for nomination -- fee -- filing

13-14-112. Declarations for nomination -- fee -- filing.
(1) Nonpartisan candidates shall file declarations for nomination as required by the primary election laws in a form prescribed by the secretary of state except as provided in 13-14-113. Except for a candidate covered under 7-1-205, a candidate may not file for more than one public office.
(2) Declarations may not indicate political affiliation. The candidate may not state in the declaration any principles or measures that the candidate advocates or any slogans.
(3) Each individual filing a declaration shall pay the fee prescribed by law for the office that the individual seeks.
(4) Declarations must be filed:
(a) in the office of the secretary of state or the appropriate election administrator as provided in 13-10-201; and
(b) within the filing period provided in 13-10-201(7) for the office that the individual seeks.
History: En. Sec. 140, Ch. 571, L. 1979; amd. Sec. 34, Ch. 475, L. 2003; amd. Sec. 13, Ch. 586, L. 2005; amd. Sec. 9, Ch. 292, L. 2009; amd. Sec. 42, Ch. 336, L. 2013; amd. Sec. 185, Ch. 49, L. 2015; amd. Sec. 4, Ch. 141, L. 2019.
2023 Montana Code Annotated › Title 13. Elections › Chapter 14. Nonpartisan Elections › Part 1. General Provisions › 13-14-113. Filing for offices without salary or fees

13-14-113. Filing for offices without salary or fees.
(1) Candidates for nonpartisan offices for which a salary or fees are not paid shall file with the appropriate official a petition for nomination or a declaration for nomination containing the information and the oath of the candidate required for a declaration of nomination in a form prescribed by the secretary of state.
(2) Petitions for nomination or declarations for nomination must be filed within the filing period provided in 13-10-201(7).
(3) Except for a candidate covered under 7-1-205, a candidate may not file for more than one public office.
History: En. Sec. 141, Ch. 571, L. 1979; amd. Sec. 35, Ch. 475, L. 2003; amd. Sec. 14, Ch. 586, L. 2005; amd. Sec. 1, Ch. 230, L. 2009; amd. Sec. 10, Ch. 292, L. 2009; amd. Sec. 43, Ch. 336, L. 2013; amd. Sec. 186, Ch. 49, L. 2015; amd. Sec. 5, Ch. 141, L. 2019.
2023 Montana Code Annotated › Title 13. Elections › Chapter 14. Nonpartisan Elections › Part 1. General Provisions › 13-14-114. Register of candidates

13-14-114. Register of candidates.
On receipt of a declaration or petition, the secretary of state or election administrator shall, if a register is kept, make an entry in the register of candidates for nomination, on a page different from entries made for candidates of political parties.
History: En. Sec. 142, Ch. 571, L. 1979; amd. Sec. 2, Ch. 99, L. 1987.
2023 Montana Code Annotated › Title 13. Elections › Chapter 14. Nonpartisan Elections › Part 1. General Provisions › 13-14-115. Preparation and distribution of nonpartisan primary ballots -- determination on conducting primary

13-14-115. Preparation and distribution of nonpartisan primary ballots -- determination on conducting primary.
(1) The election administrators shall arrange, prepare, and distribute primary ballots for nonpartisan offices, designated "nonpartisan primary ballots". The ballots must be arranged and prepared as provided in 13-10-209 and be without political designation.
(2) (a) Except as provided in subsection (2)(b), the election administrator of a political subdivision may determine that a local nonpartisan portion of a primary election need not be held if:
(i) the number of candidates for an office exceeds three times the number to be elected to that office in no more than one-half of the offices on the ballot; and
(ii) the number of candidates in excess of three times the number to be elected is not more than one for any office on the ballot.
(b) The election administrator may determine that a primary election for a nonpartisan county office need not be held if fewer than three candidates have filed for that office.
(c) If the election administrator determines that a primary election must be held pursuant to subsection (2)(a) or (2)(b), the election administrator shall conduct the primary election only for the nonpartisan offices that have a sufficient number of candidates that have filed to be elected to that office.
(d) If the election administrator determines that a primary election need not be held pursuant to subsection (2)(a), (2)(b), or (2)(c) for a nonpartisan office, the administrator shall give notice to the governing body that a primary election will not be held for that office.
(3) The governing body may require that a primary election be held for a nonpartisan office if it passes a resolution not more than 10 days after the close of filing by candidates for election stating that a primary election must be held for that office.
History: (1), (2)En. Sec. 143, Ch. 571, L. 1979; (3)En. Sec. 1, Ch. 359, L. 1979; amd. Sec. 1, Ch. 123, L. 1985; amd. Sec. 13, Ch. 591, L. 1991; amd. Sec. 1, Ch. 135, L. 1995; amd. Sec. 46, Ch. 414, L. 2003; amd. Sec. 45, Ch. 242, L. 2011; amd. Sec. 1, Ch. 212, L. 2013; amd. Sec. 187, Ch. 49, L. 2015; amd. Sec. 1, Ch. 168, L. 2017.
2023 Montana Code Annotated › Title 13. Elections › Chapter 14. Nonpartisan Elections › Part 1. General Provisions › 13-14-116. Counting and canvassing of nonpartisan ballots

13-14-116. Counting and canvassing of nonpartisan ballots.
Nonpartisan ballots must be counted and canvassed as provided for in chapter 15.
History: En. Sec. 144, Ch. 571, L. 1979; amd. Sec. 3, Ch. 391, L. 1989; amd. Sec. 47, Ch. 414, L. 2003.
2023 Montana Code Annotated › Title 13. Elections › Chapter 14. Nonpartisan Elections › Part 1. General Provisions › 13-14-117. Placing names on ballots for general election

13-14-117. Placing names on ballots for general election.
(1) Except as provided in subsection (2), the two candidates for nomination to an office who receive the highest number of votes cast at the primary are the nominees for the office and qualify to have their names placed on the general election ballot.
(2) If, pursuant to 13-14-115(2), a local or county nonpartisan primary election for an office is not held, then all candidates who filed for the office are nominees for the office and qualify to have their names placed on the general election ballot.
History: En. Sec. 145, Ch. 571, L. 1979; amd. Sec. 2, Ch. 135, L. 1995; amd. Sec. 48, Ch. 414, L. 2003; amd. Sec. 46, Ch. 242, L. 2011; amd. Sec. 2, Ch. 168, L. 2017.
2023 Montana Code Annotated › Title 13. Elections › Chapter 14. Nonpartisan Elections › Part 1. General Provisions › 13-14-118. Vacancies among nominees after nomination and before general election

13-14-118. Vacancies among nominees after nomination and before general election.
(1) If after the primary election and before the 85th day before the general election a candidate is not able to run for the office for any reason, the vacancy must be filled by the candidate next in rank in number of votes received in the primary election.
(2) If a vacancy for a nonpartisan nomination cannot be filled as provided in subsection (1) and the vacancy occurs no later than 85 days before the general election, a 10-day period for accepting declarations for nomination or statements of candidacy and nominating petitions for the office must be declared by:
(a) the governor for national, state, judicial district, legislative, or any multicounty district office;
(b) the governing body of the appropriate political subdivision for all other offices.
(3) The names of the candidates who filed as provided in subsection (2) must be certified and must appear on the general election ballot in the same manner as candidates nominated in the primary.
(4) If the vacancy occurs later than 85 days before the general election and a qualified individual is not elected to the office at the general election, the office is vacant and must be filled as provided by law.
History: En. Sec. 146, Ch. 571, L. 1979; amd. Sec. 33, Ch. 250, L. 1985; amd. Sec. 49, Ch. 414, L. 2003; amd. Sec. 47, Ch. 242, L. 2011.
2023 Montana Code Annotated › Title 13. Elections › Chapter 14. Nonpartisan Elections › Part 2. Judicial Offices › 13-14-201. Repealed

13-14-201. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 229, Ch. 368, L. 1969; R.C.M. 1947, 23-4505.
2023 Montana Code Annotated › Title 13. Elections › Chapter 14. Nonpartisan Elections › Part 2. Judicial Offices › 13-14-202. Repealed

13-14-202. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 230, Ch. 368, L. 1969; R.C.M. 1947, 23-4506(1), (2).
2023 Montana Code Annotated › Title 13. Elections › Chapter 14. Nonpartisan Elections › Part 2. Judicial Offices › 13-14-203. Repealed

13-14-203. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 231, Ch. 368, L. 1969; R.C.M. 1947, 23-4507.
2023 Montana Code Annotated › Title 13. Elections › Chapter 14. Nonpartisan Elections › Part 2. Judicial Offices › 13-14-204. Repealed

13-14-204. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 232, Ch. 368, L. 1969; R.C.M. 1947, 23-4508.
2023 Montana Code Annotated › Title 13. Elections › Chapter 14. Nonpartisan Elections › Part 2. Judicial Offices › 13-14-205. Repealed

13-14-205. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 233, Ch. 368, L. 1969; R.C.M. 1947, 23-4509.
2023 Montana Code Annotated › Title 13. Elections › Chapter 14. Nonpartisan Elections › Part 2. Judicial Offices › 13-14-206. Repealed

13-14-206. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 234, Ch. 368, L. 1969; R.C.M. 1947, 23-4510.
2023 Montana Code Annotated › Title 13. Elections › Chapter 14. Nonpartisan Elections › Part 2. Judicial Offices › 13-14-207. Repealed

13-14-207. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 1, Ch. 22, L. 1973; R.C.M. 1947, 23-4510.1.
2023 Montana Code Annotated › Title 13. Elections › Chapter 14. Nonpartisan Elections › Part 2. Judicial Offices › 13-14-208. Repealed

13-14-208. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 2, Ch. 22, L. 1973; R.C.M. 1947, 23-4510.2.
2023 Montana Code Annotated › Title 13. Elections › Chapter 14. Nonpartisan Elections › Part 2. Judicial Offices › 13-14-211. Judicial offices separate and independent offices for election purposes

13-14-211. Judicial offices separate and independent offices for election purposes.
(1) Each vacancy for justice of the supreme court is a separate and independent office for election purposes. The chief justice of the supreme court shall assign an individual number to the justices and certify these numbers to the office of the secretary of state.
(2) Each vacancy for judicial office in a district that has more than one district judge is a separate and independent office for election purposes.
(3) Each vacancy for office in a county that has more than one justice of the peace is a separate and independent office for election purposes.
History: En. Sec. 147, Ch. 571, L. 1979; amd. Sec. 52, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 14. Nonpartisan Elections › Part 2. Judicial Offices › 13-14-212. Form of ballot on retention of certain incumbent judicial officers

13-14-212. Form of ballot on retention of certain incumbent judicial officers.
(1) If the incumbent is the only candidate for the office of chief justice, supreme court justice, district court judge, or justice of the peace, the election administrator may not include a nonpartisan designation or write-in space for the office on the general election ballot. The name of the incumbent must be placed on the official ballot for the general election as follows:
Shall (insert title of officer) (insert name of the incumbent officer) of the (insert title of the court) of the state of Montana be retained in office for another term?
(2) Following the question, provision must be made, subject to rules adopted pursuant to 13-12-202, for a voter to indicate a "yes" or "no" vote.
History: En. Sec. 148, Ch. 571, L. 1979; amd. Sec. 50, Ch. 414, L. 2003; amd. Sec. 53, Ch. 56, L. 2009; amd. Sec. 48, Ch. 242, L. 2011.
2023 Montana Code Annotated › Title 13. Elections › Chapter 14. Nonpartisan Elections › Part 2. Judicial Offices › 13-14-213. Form of ballot on retention for other judicial offices

13-14-213. Form of ballot on retention for other judicial offices.
The election administrator or secretary of state shall use the form prescribed in 13-14-212 to place the name of an unopposed incumbent for a judicial office on the general election ballot if such office is subject to the provisions of Article VII, Section 8, of The Constitution of the State of Montana.
History: En. Sec. 149, Ch. 571, L. 1979.
2023 Montana Code Annotated › Title 13. Elections › Chapter 15. Canvassing, Returns, and Certificates › Part 1. General Provisions › 13-15-102. Defect in form of returns to be disregarded

13-15-102. Defect in form of returns to be disregarded.
No declaration of an election result, commission, or certificate shall be withheld because of a defect or informality in the returns of any election if it can be determined with reasonable certainty the office intended and the person elected.
History: En. Sec. 189, Ch. 368, L. 1969; R.C.M. 1947, 23-4019.
2023 Montana Code Annotated › Title 13. Elections › Chapter 15. Canvassing, Returns, and Certificates › Part 1. General Provisions › 13-15-104. Absentee ballot counting board

13-15-104. Absentee ballot counting board.
(1) The election administrator shall:
(a) give special instructions to any absentee ballot counting board appointed under 13-15-112 on the proper procedures for counting the absentee ballots; and
(b) provide the forms and supplies necessary for the board to perform its duties.
(2) The absentee ballot counting board shall:
(a) be in a room separate from where ballots are being cast;
(b) at any time prior to the closing of the polls but no sooner than 1 day before election day, start the count of the absentee votes cast; and
(c) follow the procedures outlined in 13-13-241 and 13-15-207 for the counting of the votes cast.
(3) An election judge or other individual having access to any results of early counting is subject to 13-35-241.
(4) The absentee ballot counting board shall take the oath and sign the affirmation specified in 13-15-207(4).
History: En. Sec. 5, Ch. 120, L. 1983; amd. Sec. 14, Ch. 298, L. 1987; amd. Sec. 53, Ch. 414, L. 2003; amd. Sec. 4, Ch. 229, L. 2019.
2023 Montana Code Annotated › Title 13. Elections › Chapter 15. Canvassing, Returns, and Certificates › Part 1. General Provisions › 13-15-105. Notices relating to absentee ballot counting board

13-15-105. Notices relating to absentee ballot counting board.
(1) Not more than 10 days or less than 2 days before an election, 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 notice indicating the method that will be used for counting absentee ballots and the place and time that the absentee ballots will be counted.
(2) If the count will begin before the polls close, the notice required under subsection (1) must inform the public that any person observing the procedures of the count is required to take the oath provided in 13-15-207(4) and is subject to 13-35-241.
History: En. Sec. 6, Ch. 120, L. 1983; amd. Sec. 54, Ch. 414, L. 2003; amd. Sec. 16, Ch. 2, L. 2009; amd. Sec. 15, Ch. 368, L. 2017; amd. Sec. 5, Ch. 229, L. 2019.
2023 Montana Code Annotated › Title 13. Elections › Chapter 15. Canvassing, Returns, and Certificates › Part 1. General Provisions › 13-15-106. Counting of absentee ballot for deceased candidate

13-15-106. Counting of absentee ballot for deceased candidate.
(1) Except as provided in subsection (2) or (3), an absentee ballot voted for a candidate who dies after printing of the ballot but before the election must be counted for the deceased candidate.
(2) A vote for a deceased candidate for governor must be counted as a vote for the lieutenant governor candidate as governor and as a vote for the candidate chosen pursuant to 13-10-328 for lieutenant governor.
(3) A vote for a deceased candidate for lieutenant governor must be counted as a vote for the candidate chosen pursuant to 13-10-328 for lieutenant governor.
History: En. Sec. 5, Ch. 85, L. 1997; amd. Sec. 2, Ch. 217, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 15. Canvassing, Returns, and Certificates › Part 1. General Provisions › 13-15-108. Rejected ballots -- handling provided by rule

13-15-108. Rejected ballots -- handling provided by rule.
(1) All rejected absentee ballots, the absentee ballot applications, and all absentee ballot signature envelopes must be handled and marked as provided under rules adopted by the secretary of state.
(2) After being handled and marked as provided in this section, all rejected ballots must be placed in a package or container in which the voted ballots are to be placed and the package or container must be sealed, dated, and marked as provided under rules adopted by the secretary of state. After a package or container is sealed pursuant to this subsection (2), a package or container may not be opened without a court order.
History: En. Sec. 131, Ch. 368, L. 1969; amd. Sec. 5, Ch. 287, L. 1975; amd. Sec. 38, Ch. 365, L. 1977; R.C.M. 1947, 23-3713(7) thru (9); amd. Sec. 131, Ch. 571, L. 1979; Sec. 13-13-236, MCA 1979; redes. 13-13-243 by Code Commissioner, 1979; amd. Sec. 4, Ch. 120, L. 1983; amd. Sec. 14, Ch. 286, L. 2005; amd. Sec. 2, Ch. 359, L. 2005; Sec. 13-13-243, MCA 2003; redes. 13-15-108 by Sec. 20, Ch. 286, L. 2005; amd. Sec. 51, Ch. 242, L. 2011; amd. Sec. 45, Ch. 336, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 15. Canvassing, Returns, and Certificates › Part 1. General Provisions › 13-15-111. Write-in elections -- general election

13-15-111. Write-in elections -- general election.
(1) An individual elected by having the individual's name written in at the general election and receiving the largest number of votes counted as provided in 13-15-206(5) shall:
(a) file with the secretary of state or election administrator, not later than 10 days after the official canvass, a written declaration indicating the individual's acceptance of the position for which elected;
(b) comply with the provisions of 13-37-225; and
(c) pay the required filing fee or, if indigent, comply with 13-10-203.
(2) If an individual fails to comply with the requirements in subsection (1), the individual may not assume the position for which elected.
History: En. Sec. 4, Ch. 298, L. 1987; amd. Sec. 14, Ch. 591, L. 1991; amd. Sec. 37, Ch. 475, L. 2003; amd. Sec. 16, Ch. 586, L. 2005.
2023 Montana Code Annotated › Title 13. Elections › Chapter 15. Canvassing, Returns, and Certificates › Part 1. General Provisions › 13-15-112. Appointment of counting boards

13-15-112. Appointment of counting boards.
To count votes in any election under this title, when election judges are appointed under 13-4-101, each county's governing body shall designate one or more groups of three of the election judges to act as counting boards. The governing body may also designate one or more groups of three of the election judges to act as absentee ballot counting boards under 13-15-104.
History: En. Sec. 1, Ch. 414, L. 2003; amd. Sec. 52, Ch. 242, L. 2011.
2023 Montana Code Annotated › Title 13. Elections › Chapter 15. Canvassing, Returns, and Certificates › Part 2. Vote Count Procedures › 13-15-201. Preparation for count -- absentee ballot count procedures

13-15-201. Preparation for count -- absentee ballot count procedures.
(1) Subject to 13-10-311, to prepare for a count of ballots, the counting board or, if appointed, the absentee counting board shall take ballots out of the box to determine whether each ballot is single.
(2) The board shall count all ballots to ensure that the total number of ballots corresponds with the total number of names in the pollbook.
(3) If the board cannot reconcile the total number of ballots with the pollbook, the board shall submit to the election administrator a written report stating how many ballots were missing or in excess and any reason of which they are aware for the discrepancy. Each judge on the board shall sign the report.
(4) A ballot that is not marked as official is void and may not be counted unless all judges on the board agree that the marking is missing because of an error by election officials, in which case the ballot must be marked "unmarked by error" on the back and must be initialed by all judges.
(5) If two or more ballots are folded or stuck together to look like a single ballot, they must be laid aside until the count is complete. The counting board shall compare the count with the pollbooks, and if a majority believes that the ballots folded together were marked by one elector, the ballots must be rejected and handled as provided in 13-15-108, otherwise they must be counted.
(6) Only valid absentee ballots may be counted in an election conducted under this chapter.
(7) For the purpose of this chapter, a marked absentee ballot is valid only if:
(a) the elector's signature on the affirmation on the signature envelope is verified pursuant to 13-13-241; and
(b) it is received before 8 p.m. on election day, except as provided in 13-21-206 and 13-21-226.
(8) (a) A ballot is invalid if:
(i) problems with the ballot have not been resolved pursuant to 13-13-245;
(ii) any identifying marks are placed on the ballot by the elector, which must result in the immediate rejection of the ballot without notice to the elector; or
(iii) except as provided in subsection (8)(b), more than one ballot is enclosed in a single signature or secrecy envelope.
(b) The provisions of subsection (8)(a)(iii) do not apply if:
(i) there are multiple elections being held at the same time and the envelope contains only one ballot for each election; or
(ii) the signature envelope contains ballots from the same household, each ballot is in its own secrecy envelope, and the signature envelope contains a valid signature for each elector who has returned a ballot.
History: En. Sec. 172, Ch. 368, L. 1969; R.C.M. 1947, 23-4002; amd. Sec. 152, Ch. 571, L. 1979; amd. Sec. 9, Ch. 242, L. 1997; amd. Sec. 55, Ch. 414, L. 2003; amd. Sec. 16, Ch. 286, L. 2005; amd. Sec. 23, Ch. 273, L. 2007; amd. Sec. 54, Ch. 56, L. 2009; amd. Sec. 8, Ch. 101, L. 2011; amd. Sec. 5, Ch. 139, L. 2013; amd. Sec. 46, Ch. 336, L. 2013.
2023 Montana Code Annotated › Title 13. Elections › Chapter 15. Canvassing, Returns, and Certificates › Part 2. Vote Count Procedures › 13-15-202. Repealed

13-15-202. Repealed.
Sec. 91, Ch. 414, L. 2003.
History: En. Secs. 134, 173, Ch. 368, L. 1969; R.C.M. 1947, 23-3716(3), 23-4003; amd. Sec. 153, Ch. 571, L. 1979; amd. Sec. 4, Ch. 391, L. 1989; amd. Sec. 3, Ch. 143, L. 1995; amd. Sec. 2, Ch. 129, L. 1999; amd. Sec. 3, Ch. 15, L. 2001.
2023 Montana Code Annotated › Title 13. Elections › Chapter 15. Canvassing, Returns, and Certificates › Part 2. Vote Count Procedures › 13-15-203. Repealed

13-15-203. Repealed.
Sec. 19, Ch. 286, L. 2005.
History: En. Sec. 174, Ch. 368, L. 1969; R.C.M. 1947, 23-4004.
2023 Montana Code Annotated › Title 13. Elections › Chapter 15. Canvassing, Returns, and Certificates › Part 2. Vote Count Procedures › 13-15-204. Signing and certifying pollbook

13-15-204. Signing and certifying pollbook.
Immediately after the votes are counted and the ballots sealed, the pollbook must be signed and certified to by the election judges in a form prescribed by the secretary of state.
History: En. Sec. 175, Ch. 368, L. 1969; R.C.M. 1947, 23-4005; amd. Sec. 154, Ch. 571, L. 1979; amd. Sec. 55, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 15. Canvassing, Returns, and Certificates › Part 2. Vote Count Procedures › 13-15-205. Items to be delivered to election administrator by election judges -- disposition of other items

13-15-205. Items to be delivered to election administrator by election judges -- disposition of other items.
(1) Before they adjourn, the election judges shall enclose in a strong envelope or package, securely fastened:
(a) the precinct register;
(b) the list of individuals challenged;
(c) the pollbook;
(d) both of the tally sheets.
(2) The election judges shall enclose in a separate container, securely sealed, all unused ballots with the numbered stubs attached.
(3) The election judges shall enclose in a separate container, securely sealed, all ballots voted, including those not counted or allowed, and detached stubs from all counted or rejected absentee ballots. This envelope must be endorsed on the outside "ballots voted". At the primary election the unvoted party ballots must be enclosed in a separate container, securely sealed, and marked on the outside "unvoted ballots".
(4) Each election judge shall sign the judge's name across all seals.
(5) The return form provided for in 13-15-101 must be returned with the items provided for in this section but may not be sealed in any of the containers.
(6) The containers required by this section must be delivered to the election administrator by the chief election judge or another judge appointed by the chief judge in the manner ordered by the election administrator.
(7) The election administrator shall instruct the chief election judge in writing on the proper disposition of all other election materials and supplies.
History: En. Sec. 176, Ch. 368, L. 1969; R.C.M. 1947, 23-4006; amd. Sec. 155, Ch. 571, L. 1979; amd. Sec. 56, Ch. 56, L. 2009; amd. Sec. 53, Ch. 242, L. 2011; amd. Sec. 17, Ch. 368, L. 2017.
2023 Montana Code Annotated › Title 13. Elections › Chapter 15. Canvassing, Returns, and Certificates › Part 2. Vote Count Procedures › 13-15-207. Counting board procedures

13-15-207. Counting board procedures.
(1) After ballots have been prepared pursuant to 13-15-201, the election administrator may arrange for the vote count to begin no sooner than 1 day before election day, or immediately upon the closure of the polls, in the manner prescribed in this section.
(2) When a count is conducted after the polls have closed, the counting board shall:
(a) meet at a place designated by the election administrator;
(b) continue counting until the votes cast for all candidates and issues are counted; and
(c) count votes as prescribed in 13-15-206.
(3) When votes are counted prior to the close of the polls:
(a) the election administrator shall make provisions for the delivery of voted ballots to the counting center at any time prior to the closing of the polls;
(b) the board must be located in a room separate from the room where ballots are being cast;
(c) the ballots may be processed and counted as they are received;
(d) an election judge or other individual having access to early count results is subject to 13-35-241; and
(e) votes must be counted as prescribed in 13-15-206.
(4) (a) When votes are being counted prior to the close of the polls, in addition to the official oath taken and subscribed to by the election judges, the members of the counting board and observers shall complete and sign the following affirmation: "I, _____, will not discuss the results of the early counting of votes at any time prior to the closing of the polls on election day."
(b) The election administrator or chief election judge shall witness and sign the affirmation in subsection (4)(a).
History: En. Sec. 150, Ch. 571, L. 1979; amd. Sec. 52, Ch. 414, L. 2003; Sec. 13-15-103, MCA 2001; redes. 13-15-207 by Code Commissioner, 2003; amd. Sec. 6, Ch. 229, L. 2019.
2023 Montana Code Annotated › Title 13. Elections › Chapter 15. Canvassing, Returns, and Certificates › Part 2. Vote Count Procedures › 13-15-208. Determining total vote cast for all candidates for an office

13-15-208. Determining total vote cast for all candidates for an office.
When an elector may vote for two or more candidates for the same office, the total vote cast for all candidates for the office is the total vote cast for all candidates divided by the number of candidates officially declared nominated or elected as shown by the official returns.
History: En. Sec. 202, Ch. 368, L. 1969; R.C.M. 1947, 23-4113; Sec. 13-16-202, MCA 2001; redes. 13-15-208 by Code Commissioner, 2003.
2023 Montana Code Annotated › Title 13. Elections › Chapter 15. Canvassing, Returns, and Certificates › Part 2. Vote Count Procedures › 13-15-209. Handling voting system error during count

13-15-209. Handling voting system error during count.
(1) During a count in which votes are being counted by a voting system, if the election administrator or counting board has reason to believe that the voting system is not operating correctly, the count must be halted and the system must be tested in accordance with rules adopted by the secretary of state pursuant to 13-17-211.
(2) If the test does not show any errors, the count must proceed using the voting system.
(3) If the test shows errors and the errors cannot be corrected or if a majority of the counting board agrees that the system may not be functioning correctly, votes must be counted manually in accordance with 13-15-206(2).
History: En. Sec. 1, Ch. 586, L. 2005; amd. Sec. 25, Ch. 273, L. 2007.
2023 Montana Code Annotated › Title 13. Elections › Chapter 15. Canvassing, Returns, and Certificates › Part 3. Registrar's Duties › 13-15-301. Disposition of items by election administrator

13-15-301. Disposition of items by election administrator.
(1) The election administrator shall file the envelopes or packages containing the precinct registers, pollbooks, tally sheets, certificates of registration, and oaths of election officers. Except as provided in subsection (2), the election administrator shall keep them unopened until the county board of canvassers meets to canvass the returns. The board shall open the envelopes or packages.
(2) The election administrator may open a package containing a precinct register to resolve questions concerning provisional ballots.
(3) Immediately after the returns are canvassed, the election administrator shall file the pollbooks, election records, and papers delivered to the board of canvassers with the unopened packages of ballots and ballot stubs.
History: En. Sec. 177, Ch. 368, L. 1969; amd. Sec. 1, Ch. 100, L. 1974; R.C.M. 1947, 23-4007; amd. Sec. 156, Ch. 571, L. 1979; amd. Sec. 26, Ch. 273, L. 2007.
2023 Montana Code Annotated › Title 13. Elections › Chapter 15. Canvassing, Returns, and Certificates › Part 3. Registrar's Duties › 13-15-302. Repealed

13-15-302. Repealed.
Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 178, Ch. 368, L. 1969; R.C.M. 1947, 23-4008.
2023 Montana Code Annotated › Title 13. Elections › Chapter 15. Canvassing, Returns, and Certificates › Part 4. County Canvass › 13-15-401. Governing body as board of county canvassers

13-15-401. Governing body as board of county canvassers.
(1) The governing body of a county or consolidated local government is ex officio a board of county canvassers and shall meet as the board of county canvassers at the usual meeting place of the governing body at a time determined by the board and within 14 days after each election to complete the canvass of returns.
(2) If one or more of the members of the governing body cannot attend the meeting, the member's place must be filled by one or more county officers chosen by the remaining members of the governing body so that the board of county canvassers' membership equals the membership of the governing body.
(3) The governing body of any political subdivision in the county that participated in the election may join with the governing body of the county or consolidated local government in canvassing the votes cast at the election.
(4) The election administrator is secretary of the board of county canvassers and shall keep minutes of the meeting of the board and file them in the official records of the administrator's office.
History: En. Sec. 179, Ch. 368, L. 1969; R.C.M. 1947, 23-4009; amd. Sec. 157, Ch. 571, L. 1979; amd. Sec. 1, Ch. 118, L. 1995; amd. Sec. 14, Ch. 7, L. 2001; amd. Sec. 38, Ch. 475, L. 2003; amd. Sec. 12, Ch. 89, L. 2009; amd. Sec. 48, Ch. 336, L. 2013; amd. Sec. 3, Ch. 531, L. 2021.
2023 Montana Code Annotated › Title 13. Elections › Chapter 15. Canvassing, Returns, and Certificates › Part 4. County Canvass › 13-15-402. Canvass of votes by board -- procedures if all returns not received by time of canvass

13-15-402. Canvass of votes by board -- procedures if all returns not received by time of canvass.
(1) If all returns are in at the time of the meeting, the board of county canvassers shall immediately canvass the returns.
(2) If all returns are not received, the board shall postpone the canvass from day to day until all returns are received.
(3) If it appears to the board that the polls were not open in a precinct, the board shall certify this to the election administrator. The election administrator shall enter the certification in the minutes and in the record required by 13-15-404.
History: En. Sec. 180, Ch. 368, L. 1969; R.C.M. 1947, 23-4010; amd. Sec. 158, Ch. 571, L. 1979; amd. Sec. 39, Ch. 475, L. 2003; amd. Sec. 55, Ch. 242, L. 2011.
2023 Montana Code Annotated › Title 13. Elections › Chapter 15. Canvassing, Returns, and Certificates › Part 4. County Canvass › 13-15-403. Canvass to be public -- nonessentials to be disregarded -- petition for recount

13-15-403. Canvass to be public -- nonessentials to be disregarded -- petition for recount.
(1) The canvass must be public. It must proceed by opening the returns, auditing the tally books or other records of votes cast, determining the vote for each individual and for and against each ballot issue from each precinct, compiling totals, and declaring or certifying the results.
(2) The board shall record all write-in votes shown in the returns from each precinct.
(3) The returns may not be rejected because of failure to show who administered the oath to the election judges, failure to complete all the certificates in a pollbook, or failure of any other act making up the returns that is not essential to determine for whom the votes were cast.
(4) If during a canvass the board finds an error in a precinct or precincts affecting the accuracy of vote totals, the board immediately may petition for a recount of the votes cast in the precinct or precincts, as provided in 13-16-201, or for an inspection of ballots, as provided in 13-16-420.
History: En. Sec. 181, Ch. 368, L. 1969; amd. Sec. 44, Ch. 365, L. 1977; R.C.M. 1947, 23-4011; amd. Sec. 159, Ch. 571, L. 1979; amd. Sec. 1, Ch. 19, L. 1987; amd. Sec. 15, Ch. 591, L. 1991; amd. Sec. 57, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 13. Elections › Chapter 15. Canvassing, Returns, and Certificates › Part 4. County Canvass › 13-15-404. Information to be entered on record

13-15-404. Information to be entered on record.
(1) The secretary of the board shall prepare and file in the official records of the secretary's office a report of the canvass that lists:
(a) the total number of electors voting in each precinct, district, or portion of a district in the county and the total in the county;
(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;
(d) the votes by precinct, district, or portion of a district within the county for each individual and for and against each ballot issue;
(e) the total votes in the county for each individual and for and against each ballot issue; and
(f) for municipal elections, the total number of electors voting in each municipality and the votes by municipality 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. 182, Ch. 368, L. 1969; R.C.M. 1947, 23-4012; amd. Sec. 160, Ch. 571, L. 1979; amd. Sec. 2, Ch. 70, L. 1983; amd. Sec. 58, Ch. 56, L. 2009; amd. Sec. 56, Ch. 242, L. 2011.