Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.25 - Montana Absent Uniformed Services and Overseas Voter Act › Rule 44.3.2511 - ELECTRONIC TRANSMISSION OF VOTING MATERIALS

Current through Register Vol. 13, July 5, 2024
(1) County election administrators shall
				allow covered voters to receive and transmit election materials electronically,
				as long as the security of transmission and identity of each elector is
				confirmed and facilities are available to maintain the accuracy, integrity, and
				secrecy of the ballot process. The following procedures shall be followed,
				wherever applicable, in regard to the receipt and transmission of election
				materials electronically:
(a) A county
				election administrator must use the secretary of state's electronic absentee
				system or the election administrator's own system that is secure from
				unauthorized access.
(b) When an
				election administrator receives a valid request for electronic transmission of
				a ballot from a covered voter, the election administrator shall, subject to
				(1), e-mail instructions to the elector on how to access the Secretary of
				State's electronic transmission system if the system is available for the
				election, or send a ballot electronically along with instructions to the
				elector, and a transmittal cover sheet that includes an elector affirmation.
				The original ballot, as applicable, shall be retained in a secure absentee
				envelope or container for that purpose.
(c) The election administrator shall keep an
				official log of all ballots transmitted and received electronically.
(d) If the received ballot is acceptable, the
				election administrator shall log in the receipt of the ballot and place it in
				the secure absentee envelope or container with the original ballot, if
				applicable, until the ballots are ready to be transcribed. The transmittal
				cover sheet with affirmation must be retained in a sealed envelope or container
				separately from the ballot.
(e) The
				receipt of electronically submitted ballots must be entered into the statewide
				voter registration system and a ballot shall be issued from the statewide voter
				registration system, if applicable, within three business days of receipt so
				that the covered voter may track the receipt of their ballot as required by
				federal law on the system designed for that purpose.
(f) No sooner than the time permitted for
				preparation of ballots pursuant to
				13-13-241,
				MCA, the election administrator shall have the returned ballots transcribed, as
				applicable, using the procedure prescribed below.
(g) The voted ballot must be transcribed in a
				manner that ensures that no one transcribing the ballot has access to the name
				of the elector who voted the ballot.
(h) No less than three election officials
				shall participate in the transcription process to transfer the elector's votes
				from a received ballot, as applicable, to the standard ballot used in the
				precinct.
(i) An electronically
				transmitted ballot identifying number shall be written on the original
				transcribed ballot, the electronically transmitted ballot, and in the official
				transcription log.
(j) The election
				officials who transcribed the electronically transmitted ballot shall sign the
				log for each ballot they transcribe.
(k) No one participating in the electronic
				ballot transmission or transcription process may reveal any information about
				the elector's identity or the votes on the elector's
				ballot.