reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.1 - Voting Accessibility › Rule 44.3.114 - COMPLAINTS

Current through Register Vol. 13, July 5, 2024
(1) Within five working days following the
				receipt of a written notification from the United State's Attorney General or a
				person who is personally aggrieved by the noncompliance of his polling place
				with the Voting Accessibility Act, the Americans With Disabilities Act, and/or
				these rules, the Secretary of State shall transmit a copy of the notification
				to the appropriate election administrator.
(2) Upon receipt of the notification, the
				election administrator shall forward to the Secretary of State a copy of the
				survey form concerning the polling place in question.
(3) Within 30 days of receipt of the
				notification, the Secretary of State shall cause an independent survey of the
				polling place to be conducted. A report of that survey shall be provided to the
				complainant and the election administrator.
(4) If the complainant requests, in writing,
				that further action be taken, the Secretary of State may call for a hearing in
				which the complainant, election administrator, representatives of the county
				governing body, affected groups and his office may be represented.
(a) The purpose of the hearing is to show
				cause why the particular polling place facility should be:
(i) denied exemption from meeting the
				criteria established for accessibility by these rules;
(ii) be denied an "accessible" rating;
				or
(iii) be declared unacceptable
				for use as a polling place facility and no longer utilized for that
				purpose.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.1 - Voting Accessibility › Rule 44.3.115 - CRITERIA AND PROCESS FOR A PERSON TO BECOME A DESIGNATED AGENT FOR AN ELECTOR WITH A DISABILITY

Current through Register Vol. 13, July 5, 2024
(1) Consistent with
				13-1-116,
				MCA, an elector with a disability who is unable to provide a signature may
				apply to the election administrator to have another person designated as an
				agent for purposes of providing a signature or identifying mark required
				pursuant to Title 13, MCA, and for delivering the disabled elector's absentee
				ballot application to the county election administrator, as provided in
				13-13-213,
				MCA.
(2) An application for
				designation of an agent by an elector under this rule:
(a) must be made on a form prescribed by the
				secretary of state which shall state the authorization of the elector, the
				purpose of the agency, and shall require that the authorization be witnessed by
				two disinterested witnesses and signed by the designated agent;
(b) may be obtained from local election
				officials, from the office of the secretary of state, and from any other entity
				that provides the form; and
(c)
				must be completed in its entirety.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.1 - Voting Accessibility › Rule 44.3.117 - PERFORMANCE STANDARDS FOR ACCESSIBLE VOTING TECHNOLOGY DEVICES

Current through Register Vol. 13, July 5, 2024
(1) At a minimum, a voter interface device
				must meet the Election Assistance Commission's (EAC) standards for Voluntary
				Voting System Guidelines (VVSG) version 1.0 adopted by the EAC on December 13,
				2005, for accessible voting technology for electors with hearing, vision,
				speech, or ambulatory impairments. However, in lieu of meeting VVSG version
				1.0, a voter interface device may meet VVSG versions greater than 1.0 that were
				adopted by the EAC on or before September 6, 2019.
(2) The U.S. Election Assistance Commission
				(EAC) was created for the purpose of helping states implement the Help America
				Vote Act of 2002 (HAVA). The EAC is an independent, bipartisan commission
				charged with developing guidance to meet HAVA requirements and adopting VVSG.
				The VVSG are a set of specifications and requirements against which voting
				systems can be tested to determine if the systems meet required standards. Some
				factors examined under these tests include basic functionality, accessibility,
				and security capabilities. HAVA mandates that the EAC develop and maintain
				these requirements.
(3) VVSG copy
				of VVSG 1.0 may be found at:
https://www.eac.gov/documents/2017/03/15/vvsg-10-vol-1-voluntary-voting-system-guidelines-vvsg/
.
AUTH:
					 13-17-103,
					 MCA; IMP:
					 13-17-103,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.10 - Primary Elections and Nominations › Rule 44.3.1001 - NUMBER OF SIGNATURES REQUIRED FOR PETITIONS FOR NOMINATION IN CERTAIN INSTANCES (REPEALED)

Current through Register Vol. 13, July 5, 2024
13-1-202, MCA; IMP,
					 13-10-502(3),
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.10 - Primary Elections and Nominations › Rule 44.3.1002 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Elector" means an individual qualified
				and registered to vote under state law.
(2) "Legislative district" means a
				representative district as provided in Article V, section 14(1) of the Montana
				Constitution.
(3) "Verify" with
				respect to the signature of an elector means that the elector's signature on
				the petition, when taken as a whole, bears sufficient similarity to the
				signature on their voter registration and that the signatures are substantially
				the same. If one signature uses an elector's first, middle, and last names, the
				use of an initial instead of either the first or middle name, but not both, in
				the other shall not, by itself, result in a non-verified signature.
AUTH: 13-10-613, MCA; IMP:
					 13-10-601,
					 13-10-607, 13-10-608, MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.10 - Primary Elections and Nominations › Rule 44.3.1003 - FORM AND SUBMISSION OF PETITIONS TO NOMINATE A POLITICAL PARTY'S CANDIDATES BY PRIMARY ELECTION

Current through Register Vol. 13, July 5, 2024
(1) Any elector,
				regardless of party affiliation, may present a petition to qualify a political
				party that does not already qualify to hold a primary election under
				13-10-601(1),
				MCA, to nominate its candidates by primary election. Presented petitions must:
(a) be completed in the form prescribed by
				the Secretary of State;
(b) be
				signed by a number of electors equal to the lesser of five percent or more of
				the total votes cast statewide for the successful candidate for governor at the
				last general election or 5,000 electors;
(c) be signed by at least 150 electors in at
				least one-third of legislative house districts; and
(d) have attached to each sheet of the
				petition a completed verification affidavit for the petition's signatures in
				the form prescribed by the Secretary of State; and be submitted with original
				signatures and their verification, as provided in (3), to the official
				responsible for registration of electors in the county in which the signatures
				were obtained no sooner than one year and no later than 123 days before the
				date for the next primary election.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.10 - Primary Elections and Nominations › Rule 44.3.1004 - VERIFICATION OF ELECTOR SIGNATURES BY COUNTY ELECTION OFFICIALS, TALLY REPORTING, AND RECORDS RETENTION

Current through Register Vol. 13, July 5, 2024
(1) Upon receipt of
				each petition sheet submitted on the petition form prescribed by the Secretary
				of State and containing a completed affidavit of circulation required under ARM
				44.3.1003(1)(c), the county official responsible for registration of electors,
				or their designee, shall:
(a) determine
				whether each signatory on the petition sheet is a registered voter in the
				county, and if so which legislative district that elector is
				registered;
(b) verify the
				signature of each elector signing the petition by comparing each elector's
				petition signature with the signature of that elector as it appears in the
				records of the county election office; and
(c) determine the total number of verified
				electors in the county who have signed the petition and how many of the
				electors reside in each legislative district contained in whole or in part
				within the county.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.10 - Primary Elections and Nominations › Rule 44.3.1005 - WITHDRAWAL OF ELECTOR SIGNATURES FROM PETITIONS

Current through Register Vol. 13, July 5, 2024
(1) Any time prior to the notification of a
				final submission of a petition to a county's election official under ARM
				44.3.1003(2), an elector may request to withdraw their signature from a
				petition submitted under this subchapter.
(2) The county election administrator may
				withdraw an elector's signature after the identity of the requesting elector
				has been verified using the same manner the identities of applicants for
				regular voter registration are verified.
AUTH: 13-10-613, MCA; IMP: 13-10-606,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.11 - Statewide Voter Registration System › Rule 44.3.1101 - SCHEDULE OF FEES FOR STATEWIDE VOTER DATABASE LISTS AND EXTRACTS

Current through Register Vol. 13, July 5, 2024
(1) Upon written request, the secretary of
				state through its vendor shall furnish, for noncommercial use to private
				individuals or entities, a list of registered electors as compiled and
				maintained in its statewide voter registration system. For the statewide list
				or available extracts from the statewide list the charge is $1,000.00. For a
				legislative representative district list the charge is $100.00, for a
				legislative senate district list the charge is $150.00, for a county list the
				charge is $200.00, and for the petition signers report the charge is $200.00.
				For a subscription for ongoing access to the statewide voter registration
				system and all other available extracts or lists the charge is $5,000.00 for
				one year.
2-15-404, MCA; IMP,
					 13-2-122,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.11 - Statewide Voter Registration System › Rule 44.3.1102 - STATEWIDE VOTER REGISTRATION SYSTEM

Current through Register Vol. 13, July 5, 2024
(1) In
				addition to the procedures specified under (2) and (3) and ARM
				44.3.2001, election officials
				authorized to use the statewide voter registration system must, as applicable,
				comply with the following procedures specified in the instruction manuals, user
				guides, and technical manuals as provided by the system vendor and the
				secretary of state (except in cases in which those materials conflict with
				state laws or rules, in which case the laws or rules shall apply):
(a) maintenance procedures, including new
				data entry, updates, registration transfers, and other procedures for keeping
				information current and accurate;
(b) proper maintenance and use of active and
				inactive lists;
(c) proper
				maintenance and use of lists for legally registered electors and provisionally
				registered electors and late registrants;
(d) technical security of the statewide voter
				registration system;
(e)
				information security with respect to keeping from general public distribution
				driver's license numbers, whole or partial social security numbers, and address
				information protected from general disclosure pursuant to
				13-2-115 and
				13-21-228, MCA, effective January
				1, 2014; and
(f) quality control
				measures for the system and system users.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.13 - Voter Information Pamphlet › Rule 44.3.1301 - SUBMISSION OF VOTER INFORMATION PAMPHLET ARGUMENTS AND REBUTTALS

Current through Register Vol. 13, July 5, 2024
(1) The secretary of state is empowered under
				section 13-27-410, MCA, to prescribe by
				rule the format and manner of submission of the arguments concerning the ballot
				issue.
Sec.
					 13-27-401, MCA; IMP, Sec.
					 13-27-406,
					 13-27-407,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.13 - Voter Information Pamphlet › Rule 44.3.1302 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
Unless the context clearly requires otherwise, the following
				  terms shall have the following meanings:
(1) "VIP" refers to the Voter Information
				Pamphlet which contains the arguments for and against ballot issues.
(2) "Graphics" refers to anything other than
				letters, numbers used with sentences, grammar or punctuation marks.
(3) "Oversize type" and "undersize type"
				refer to any typesetting that is not consistent with the uniform size of the
				argument.
(4) "Columns" refers to
				any of the vertical sections of printed matter lying side by side on a page and
				separated by a rule or blank space.
Sec.
					 13-27-401, MCA; IMP, Sec.
					 13-27-406,
					 13-27-407,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.13 - Voter Information Pamphlet › Rule 44.3.1303 - FORMAT OF VOTER INFORMATION PAMPHLET ARGUMENTS AND REBUTTALS

Current through Register Vol. 13, July 5, 2024
(1) Format of arguments and rebuttals:
(a) The argument must be of a uniform
				typesetting; use of oversize or undersize type is prohibited.
(b) Use of graphics, tables, or graphs is
				prohibited.
(c) Use of columns is
				prohibited.
(d) Bold, italics, and
				underlined words are acceptable.
(e) Hyphenated words will be counted as one
				word.
(f) A number such as 303 will
				be counted as one word; however, three hundred and three will be counted as
				four words.
(g) Arguments submitted
				for publication in the VIP must be limited to 500 words; arguments in excess of
				this limit will only be printed through the 500th word. Rebuttals submitted for
				publication in the VIP must be limited to 250 words; rebuttals in excess of
				this limit will only be printed through the 250th word.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.14 - Absentee Ballots › Rule 44.3.1401 - REQUIRED MARKINGS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 13-13-214, MCA; IMP, Sec.
					 13-13-214,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.14 - Absentee Ballots › Rule 44.3.1403 - FACSIMILE REQUESTS FOR ABSENTEE BALLOTS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  44.3.2205
13-1-202, MCA; IMP,
					 13-13-212,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.15 - Facsimile Voting for Electors of the United States Service › Rule 44.3.1501 - FACSIMILE MACHINE ACCESS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 13-13-278, MCA; IMP, Sec.
					 13-13-277,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.15 - Facsimile Voting for Electors of the United States Service › Rule 44.3.1502 - HANDLING OF FACSIMILE BALLOTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 13-13-278, MCA; IMP, Sec.
					 13-13-277,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.15 - Facsimile Voting for Electors of the United States Service › Rule 44.3.1503 - BALLOT TRANSMISSION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 13-13-278, MCA; IMP, Sec.
					 13-13-277,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.15 - Facsimile Voting for Electors of the United States Service › Rule 44.3.1504 - RECEIVING BALLOTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 13-13-278, MCA; IMP, Sec.
					 13-13-277,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.15 - Facsimile Voting for Electors of the United States Service › Rule 44.3.1505 - BALLOT LOG (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 13-13-278, MCA; IMP, Sec.
					 13-13-277,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.15 - Facsimile Voting for Electors of the United States Service › Rule 44.3.1506 - ELECTOR AFFIRMATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 13-13-278, MCA; IMP, Sec.
					 13-13-277,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.15 - Facsimile Voting for Electors of the United States Service › Rule 44.3.1507 - BALLOT ACCEPTANCE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 13-13-278, MCA; IMP, Sec.
					 13-13-277,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.15 - Facsimile Voting for Electors of the United States Service › Rule 44.3.1508 - TRANSCRIPTION OF BALLOTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 13-13-278, MCA; IMP, Sec.
					 13-13-277,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.15 - Facsimile Voting for Electors of the United States Service › Rule 44.3.1509 - ELECTION JUDGES AND BALLOT SECRECY (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 13-13-278, MCA; IMP, Sec.
					 13-13-277,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1701 - EXAMINATION OF VOTING MACHINES AND DEVICES

Current through Register Vol. 13, July 5, 2024
(1)
				The Secretary of State is empowered under
				13-17-101,
				MCA, to approve voting machines and devices.
(2) Unless the context clearly requires
				otherwise, the following terms shall have the following meanings:
(a) "Applicant" means any person, county
				governing body, or business entity which has applied for inspection of a voting
				machine or device under these rules.
(b) "Automatic tabulating equipment" means
				and includes apparatus necessary to automatically examine and count votes as
				designated on ballots and data processing machines which can be used for
				counting ballots and tabulating results.
(c) "Ballot" includes paper
				ballots.
(d) "Device" means a
				"voter interface device" as defined in
				13-1-101,
				MCA.
(e) "Engineering change order"
				means a change to the voting system that does not affect the current federal
				certification, form, fit, or function of the voting system.
(f) "Examiners" means any or all persons
				having authority to conduct the examination under ARM 44.3.1701.
(g) "Interested party" includes all persons
				charged with any duty under the election laws of Montana, any manufacturer of
				or dealer in mechanical voting machines, voting devices or components thereof
				and agents of such manufacturer or dealer and any person otherwise affected by
				these rules.
(h) "System" means a
				"voter interface device" and "voting system" as defined in
				13-1-101,
				MCA.
(i) "Voting machine" means a
				"voting system" as defined in
				13-1-101,
				MCA.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1702 - CONDUCT OF EXAMINATION

Current through Register Vol. 13, July 5, 2024
(1) The following
				materials shall be provided by the applicant at the place agreed upon for the
				examination:
(a) At least one fully operative
				system unit or set conforming to the description of the same contained in the
				application.
(b) At least one copy
				of any brochures, pamphlets, and descriptive or sales material of any kind
				intended for use in promoting the same for use of such system in
				Montana.
(c) Samples of any
				training aids supplied by the applicant for the use of election
				officials.
(d) Where applicable
				sample ballots suitable for use in the system substantially in the form
				required by Montana law for a primary and general election in a year in which a
				president of the United States of America is to be elected. Such ballots for
				the general election sample shall also contain a ballot issue to be voted
				upon.
(e) Where applicable a set of
				programmed ballots having a known count for each office or ballot issue listed
				thereon, which count shall be declared before any test tabulation of said
				ballots is made.
(f) Copies of any
				other material required by law to be displayed at the polls, or useful for the
				instruction or information of electors at the polls.
(g) If not contained in other materials, data
				on the extent of use and length of use of the system being examined in other
				jurisdictions.
(h) Available data
				pertinent to ARM
				44.3.1703(2).
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1703 - CRITERIA OF CONSTRUCTION

Current through Register Vol. 13, July 5, 2024
(1) Voting machines
				or devices shall meet the following requirements:
(a) They shall permit and require an elector
				to vote in secret.
(b) They shall
				prevent an elector from voting for any candidate or upon any ballot issue more
				than once and is also prevented from voting on any office or ballot issue for
				which he is not entitled to vote.
(c) They shall permit an elector to secretly
				select the party for which he wishes to vote in a primary election and the
				machine or device will count only votes for the candidates of that party by the
				elector in the primary election.
(d) They shall permit an elector to vote a
				split ticket in a general election if he desires.
(e) They shall register and record every
				valid vote cast.
(f) They shall be
				constructed so that they cannot be tampered with for a fraudulent
				purpose.
(g) They shall also be
				constructed so that during the progress of the voting no individual can see or
				know the number of votes registered for any candidate or on any ballot
				issue.
(h) They shall allow
				write-in voting.
(i) They shall
				provide that the ballot may be rotated as provided in
				13-13-205, MCA, without
				substantially impairing the efficiency or accuracy of the tabulation of such
				rotated ballots.
(j) The applicant
				shall guarantee to provide training and assistance to election officials
				included in each contract for purchase of a machine or device.
(k) They shall comply with all other
				requirements of the election laws, so far as they are applicable.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1704 - CRITERIA OF EXAMINATION

Current through Register Vol. 13, July 5, 2024
(1) The examination
				of a mechanical voting machine shall be conducted by the examiner or examiners
				to ensure that the machine meets the criteria set out in ARM
				44.3.1703(1) as
				well as:
(a) It shall be determined that if
				levers or buttons of any description are used as the method of casting a ballot
				that such levers or buttons will produce a positive vote regardless if they are
				fully depressed or not.
(b) If the
				system includes its own voting booth or compartment provision shall be made for
				a larger voting area which will accommodate a wheelchair and/or persons named
				to assist a handicapped elector.
(c) It shall be determined, in the judgment
				of the examiners whether or not the system complies with all other applicable
				requirements of the election laws.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1705 - COSTS OF EXAMINATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
13-17-107(1),
					 MCA; IMP, 13-17-102,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1706 - NOTIFICATION TO APPLICANT

Current through Register Vol. 13, July 5, 2024
(1) Within 30 days
				after completion of such examination, the Secretary of State or the deputy or
				deputies shall prepare and file in the office a report of the findings with
				respect to the system examined.
(2)
				A copy of such report shall be forwarded to the applicant at the address shown
				in the application for such examination.
(3) If the report approves the system, the
				Secretary of State shall mail a copy of said report to each election
				administrator of the state of Montana.
13-17-107, MCA; IMP,
					 13-17-101,
					 13-17-103,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1707 - APPEAL FROM DISAPPROVAL

Current through Register Vol. 13, July 5, 2024
(1) If upon
				examination any system shall have been disapproved by the Secretary of State
				under these rules, the applicant may appeal by requesting reconsideration of
				the system so disapproved, under the following conditions:
(a) Such request for reconsideration shall be
				made within 60 days after applicant has been notified of the disapproval of the
				system presented for examination.
(b) Such request shall be in
				writing.
(c) Such request shall be
				limited to the grounds of disapproval as stated in the notification of the
				Secretary of State. The discovery or further explanation of advantages of the
				system not pertinent to the grounds upon which the system was disapproved shall
				not constitute an adequate cause for reconsideration.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1708 - WAIVER OF CONDITIONS

Current through Register Vol. 13, July 5, 2024
(1) The Secretary
				of State may vary the time and place of examination fixed by ARM
				44.3.1701(4) and
				(5) and may waive any informality in the form
				of application or procedure followed in examination, if, in his opinion, such
				informality does not substantially affect the validity of his conclusions with
				respect to the system examined.
13-17-107(1),
					 MCA; IMP, 13-17-101,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1709 - EXPERIMENTAL USE OF VOTING MACHINES OR DEVICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
13-17-107(1),
					 MCA; IMP, 13-17-105,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1710 - EXTENSION OF PREVIOUS APPROVAL OF VOTING MACHINES OR DEVICES

Current through Register Vol. 13, July 5, 2024
(1) Any system having been approved under
				rules previously promulgated by the Secretary of State under prior citations of
				law shall continue to have approval under the application of these rules
				without reexamination. However, any contracts for purchase drawn after December
				28, 1979, must contain the guarantees as provided in ARM
				44.3.1703(3).
13-17-107, MCA; IMP,
					 13-17-101,
					 13-17-103,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1711 - BENCHMARK PERFORMANCE STANDARD FOR VOTING SYSTEMS PRIOR TO CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) The benchmark performance standard for
				voting systems approved under
				13-17-101, MCA, is based on
				commonly accepted industry standards for readily available technologies. These
				standards shall at the time of certification conform to all applicable federal
				requirements, as well as state requirements listed in the Montana Code
				Annotated and Administrative Rules of Montana.
13-17-103, MCA; IMP,
					 13-17-103,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1712 - PERFORMANCE CERTIFICATION OF VOTING SYSTEMS PRIOR TO ELECTION

Current through Register Vol. 13, July 5, 2024
(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.
(2) The Secretary of State shall ensure that
				at least 10% of all voting systems in the state, including each model of each
				type of voting system, have been randomly tested and certified at least once
				every calendar year. This rule shall be implemented through review by the
				Secretary of State of its prescribed voting system testing and certification
				forms completed by the county.
13-17-211, MCA; IMP,
					 13-17-212,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1713 - UNIFORM PROCEDURES FOR USING VOTING SYSTEMS

Current through Register Vol. 13, July 5, 2024
(1) For each voting system approved under
				13-17-101,
				MCA, the system must comply, as applicable, with the following procedures
				specified in the instruction manuals, user guides, and technical manuals
				provided by the manufacturer and distributor of the system, as well as the
				election judge handbook provided by the Office of the Secretary of State
				(except in cases in which those materials conflict with state laws or rules, in
				which case the laws or rules shall apply):
(a)
				performance certification under
				13-17-212,
				MCA;
(b) how electors ensure the
				proper disposition of a ballot pursuant to
				13-13-117(2),
				MCA;
(c) the procedures to be
				followed if the comparison under
				13-15-206(2)(b),
				MCA, reveals discrepancies;
(d)
				how to operate and test the system during counts or recounts;
(e) the security measures necessary to secure
				the voting system before, during, and after an election, including security
				following a recount under
				13-16-417, MCA;
				and
(f) testing and certification
				of voting systems pursuant to
				13-17-212,
				MCA.
(i) Except when (ii) is applicable, a
				random test must be conducted by a county election administrator or designee of
				10% of each type of voting systems, a minimum of one per county, on election
				day, to validate the accuracy of voted paper ballots with the voting system
				results.
(ii) County election
				administrators choosing to start if automatic tabulation begins the day before
				the election pursuant to
				13-13-241(7)(a),
				MCA, an election administrator shall publicly must test all used central count
				vote tabulation machines no more than 30 days prior to the election the day
				before the election, before counting begins.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1714 - HANDLING VOTING MACHINE ERROR DURING COUNT

Current through Register Vol. 13, July 5, 2024
(1)
				During a count of paper ballots in which votes are being automatically
				tabulated by a voting machine, if the election administrator or counting board
				has reason to believe that the voting machine is not operating correctly, the
				count must be halted and the machine must be tested, as applicable, in
				accordance with the procedures specified in the instruction manuals, user
				guides, and technical manuals provided by the manufacturer of the voting
				system, as well as the election judge handbook provided by the office of the
				secretary of state, except in cases in which those materials conflict with
				state laws or rules, in which case the laws or rules shall apply.
(2) If the test does not show any errors, the
				count must proceed using the voting machine.
(3) If the test shows errors and the errors
				cannot be corrected or if a majority of the counting board agrees that the
				machine may not be functioning correctly:
(a)
				if no other tested voting machine is available, votes cast on paper ballots
				must be counted manually in accordance with
				13-15-206, MCA; and
(b) the vote-counting machine involved in the
				discrepancy in that county may not be used in another election until it has
				been examined and tested by a computer software expert in consultation with a
				voting machine vendor and approved by the secretary of state.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1715 - METHOD OF CORRECTION OF BALLOT

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  44.3.2407
13-12-204, MCA; IMP,
					 13-12-204,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1716 - REJECTED BALLOTS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  44.3.2206
13-15-108, MCA; IMP,
					 13-15-108,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1717 - SEALING BALLOTS AND VOTING SYSTEMS

Current through Register Vol. 13, July 5, 2024
(1) When a
				recount of paper ballots that was conducted using a voting system has been
				finished, ballots must again be sealed in the same package or envelope (unless
				the package or envelope is unusable), in the presence of the election
				administrator and the county recount board and must be delivered to the
				election administrator for custody.
(2) All voting systems must be secured as
				provided in accordance with the procedures specified in the instruction
				manuals, user guides, and technical manuals provided by the manufacturer of the
				voting system, as well as the election judge handbook and testing and security
				procedures provided by the office of the Secretary of State, except in cases in
				which those materials conflict with state laws or rules, in which case the laws
				or rules shall apply. All such procedures must ensure to the greatest degree
				possible the security of the voting systems from intentional and unintentional
				misuse.
(3) 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.
13-1-202,
					 13-17-211, MCA; IMP,
					 13-1-202,
					 13-16-417,
					 13-17-211,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1718 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 13-17-503, MCA; IMP:
					 13-17-503,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1720 - REPORTING PROCESS FOR RANDOM-SAMPLE AUDIT (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 13-1-202,
					 13-17-503, MCA; IMP:
					 13-17-505,
					 13-17-506,
					 13-17-507,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1721 - VOTING SYSTEM TESTING

Current through Register Vol. 13, July 5, 2024
(1) Pursuant to
				13-17-103, MCA, a voting system
				must be tested by a third-party tester to be free of any modems or other
				unauthorized external communication devices before its first use in an election
				and as requested by a county for voting systems in the county's possession and
				use. The third-party tester must not be an employee of the voting system
				manufacturer and must be trained and currently certified by the manufacturer as
				a maintenance technician for the voting system being tested. The voting system
				manufacturer must provide a current list of certified maintenance technicians
				to the Secretary of State's Office.
(2) The test referenced in (1) must be a
				physical examination of the voting system in which the hardware components of
				the voting system are compared to the diagram of the voting system retained and
				approved by the Secretary of State's Office.
(3) The third-party tester must provide a
				report of the test to the county election administrator and to the Secretary of
				State's Office on a form approved by the Secretary of State's Office. The test
				report must be maintained by the county election administrator according to the
				local government records retention schedule.
(4) A voting system that does not conform to
				the diagram retained and approved by the Secretary of State's Office must not
				be used for any election.
(5) The
				county election administrator or designee must be present and ensure the chain
				of custody of the voting system is documented throughout the testing
				process.
(6) The county election
				administrator must ensure the voting system is performing properly before and
				after the test.
(7) As used in this
				rule, the term "employee" does not include an independent contractor,
				individuals hired by an independent contractor, or a subcontractor.
AUTH:
					 13-17-103, MCA; IMP:
					 13-17-103,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1722 - POSTELECTION AUDIT PROCESS FOR A NONFEDERAL ELECTION

Current through Register Vol. 13, July 5, 2024
(1) Pursuant to the Postelection Audit Act,
				Title 13, chapter 17, part 5, MCA, if a board of county commissioners requests
				an audit of vote-counting machines for a nonfederal election, they shall
				randomly select the precincts or ballot styles, races and ballot issues, and
				vote counting machines (if applicable) to be audited.
(a) The selection of precincts or ballot
				styles, races and ballot issues, and vote counting machines (if applicable)
				shall be accomplished by using a statistically random technique chosen by the
				board.
(b) The board shall record
				the results on a form prescribed by the Secretary of State.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1730 - USE OF VOTING MACHINES AND DEVICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
13-17-107(2),
					 MCA; IMP, 13-17-101,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1731 - PROCEDURES FOR USE OF IES (SHOUP) VOTING MACHINES - BEFORE THE POLLS OPEN (REPEALED)

Current through Register Vol. 13, July 5, 2024
13-17-107(2),
					 MCA; IMP, 13-12-201 through
					 13-12-208,
					 13-13-115,
					 13-17-206,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1732 - PROCEDURES FOR USE OF IES (SHOUP) VOTING MACHINES - WHILE THE POLLS ARE OPEN (REPEALED)

Current through Register Vol. 13, July 5, 2024
13-17-107(2),
					 MCA; IMP, 13-10-209,
					 13-13-114,
					 13-13-115,
					 13-17-305,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1733 - PROCEDURES FOR USE OF IES (SHOUP) VOTING MACHINES - AFTER THE POLLS CLOSE (REPEALED)

Current through Register Vol. 13, July 5, 2024
13-17-107(2),
					 MCA; IMP, 13-13-115,
					 13-13-117,
					 13-13-241,
					 13-13-242,
					 13-15-101,
					 13-15-201,
					 13-15-202,
					 13-15-204,
					 13-15-205,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1734 - PROCEDURES FOR USE OF AVM (AUTOMATIC VOTING MACHINES) - BEFORE THE POLLS OPEN (REPEALED)

Current through Register Vol. 13, July 5, 2024
13-17-107(2),
					 MCA; IMP, 13-12-201 through
					 13-12-208,
					 13-13-115,
					 13-17-206,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1735 - PROCEDURES FOR USE OF AVM VOTING MACHINES - WHILE THE POLLS ARE OPEN (REPEALED)

Current through Register Vol. 13, July 5, 2024
13-17-107(2),
					 MCA; IMP, 13-12-209,
					 13-13-114,
					 13-13-115,
					 13-17-305,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1736 - PROCEDURES FOR USE OF AVM VOTING MACHINES - AFTER THE POLLS CLOSE (REPEALED)

Current through Register Vol. 13, July 5, 2024
13-17-107(2),
					 MCA; IMP, 13-13-115,
					 13-13-117,
					 13-13-241,
					 13-13-242,
					 13-15-101,
					 13-15-201,
					 13-15-202,
					 13-15-204,
					 13-15-205,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1737 - DEFINITIONS - COMPUTER ELECTION SYSTEMS VOTOMATIC (CES) (REPEALED)

Current through Register Vol. 13, July 5, 2024
13-17-107(2),
					 MCA; IMP, 13-17-107,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1737A - PROCEDURES FOR USE OF COMPUTER ELECTION SYSTEMS VOTOMATIC - (CES) PRIMARY ELECTION (REPEALED)

Current through Register Vol. 13, July 5, 2024
13-17-206, MCA; IMP,
					 13-17-206,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1738 - PROCEDURES FOR USE OF COMPUTER ELECTION SYSTEMS VOTOMATIC - (CES) - BEFORE THE POLLS OPEN (REPEALED)

Current through Register Vol. 13, July 5, 2024
13-17-107(2),
					 MCA; IMP, 13-12-201 through
					 13-12-208,
					 13-13-115,
					 13-17-206,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1739 - PROCEDURES FOR USE OF COMPUTER ELECTION SYSTEMS VOTOMATIC - (CES) - WHILE THE POLLS ARE OPEN (REPEALED)

Current through Register Vol. 13, July 5, 2024
13-17-107(2),
					 MCA; IMP, 13-12-209,
					 13-13-114,
					 13-13-115,
					 13-15-103,
					 13-17-305,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1740 - PROCEDURES FOR USE OF COMPUTER ELECTION SYSTEMS VOTOMATIC - (CES) - AFTER THE POLLS CLOSE (REPEALED)

Current through Register Vol. 13, July 5, 2024
13-17-107(2),
					 MCA; IMP, 13-13-115,
					 13-15-101,
					 13-15-201,
					 13-15-202,
					 13-15-204,
					 13-15-205, 13-17-117,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1741 - CENTRAL COUNTING CENTER FOR TABULATION OF COMPUTER ELECTION SYSTEMS - VOTOMATIC (CES) BALLOTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
13-17-107(2),
					 MCA; IMP, 13-17-107,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1742 - CENTRAL COUNTING CENTER PROCEDURES AND BOARD DUTIES - OBSERVATION BOARD (REPEALED)

Current through Register Vol. 13, July 5, 2024
13-17-107(2),
					 MCA; IMP, 13-17-107,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1743 - CENTRAL COUNTING CENTER PROCEDURES AND DUTIES - RECEIVING BOARD (REPEALED)

Current through Register Vol. 13, July 5, 2024
13-17-107(2),
					 MCA; IMP, 13-17-107,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1744 - CENTRAL COUNTING CENTER PROCEDURES AND DUTIES - INSPECTION BOARD (REPEALED)

Current through Register Vol. 13, July 5, 2024
13-17-107(2),
					 MCA; IMP, 13-13-117,
					 13-15-203,
					 13-17-107,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1745 - CENTRAL COUNTING CENTER PROCEDURES AND DUTIES - DUPLICATION BOARD (REPEALED)

Current through Register Vol. 13, July 5, 2024
13-17-107(2),
					 MCA; IMP, 13-17-107,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.17 - Voting Machines and Devices and Postelection Audit of Voting Machines › Rule 44.3.1746 - CENTRAL COUNTING CENTER PROCEDURES AND DUTIES - WRITE-IN TALLY BOARD (REPEALED)

Current through Register Vol. 13, July 5, 2024
13-17-107(2),
					 MCA; IMP, 13-13-117,
					 13-15-202,
					 13-17-107,
					 MCA;