reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.23 - Voter Identification and Provisional Voting by Absentee and Mail Ballot › Rule 44.3.2304 - PROCEDURES FOR ABSENTEE AND MAIL BALLOT VOTING - DETERMINING THE SUFFICIENCY OF IDENTIFICATION OF PROVISIONALLY REGISTERED ELECTORS

Current through Register Vol. 13, July 5, 2024
(1) After completion of the signature
				verification procedures in
				13-13-241
				or
				13-19-309,
				MCA, as applicable, the election administrator shall determine prior to an
				election whether a provisionally registered absentee or mail ballot elector has
				enclosed in the outer signature envelope, together with the voted ballot in the
				secrecy envelope, sufficient identification as defined in ARM
				44.3.2302
				to allow the ballot to be counted.
(a) If the
				identification enclosed in the outer signature envelope is insufficient, an
				election official or election worker shall follow procedures described in
				13-13-241,
				MCA, and these rules to allow a provisionally registered absentee or mail
				ballot elector who failed to provide proper identifying information in the
				outer signature envelope to verify eligibility to vote:
(i) a ballot cast by an elector whose voter
				identification information is insufficient or whose name does not appear on the
				precinct register must be handled as a provisional ballot under
				13-15-107,
				MCA;
(ii) an election official or
				election worker shall notify the absentee or mail ballot elector by mail or by
				the most expedient method available that the elector's identification was
				insufficient and that the elector's ballot will be treated as a provisional
				ballot until the elector provides sufficient identification under ARM
				44.3.2302;
(iii) if the elector is notified by mail, an
				election official or election worker shall provide a self-addressed signature
				envelope along with a description in the form prescribed by the secretary of
				state of the identification necessary for the absentee or mail ballot elector
				to reclassify the provisional ballot as a regular ballot; and
(iv) to the extent applicable, an election
				official or election worker shall handle absentee and mail ballot elector
				provisional ballots in the same manner as specified under the procedures for
				provisional ballots cast at the polling place in ARM
				44.3.2113,
				44.3.2114,
				and
				44.3.2115.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.23 - Voter Identification and Provisional Voting by Absentee and Mail Ballot › Rule 44.3.2305 - PROCEDURES FOR ABSENTEE AND MAIL BALLOT VOTING - PRINTING ERROR OR BALLOT DESTROYED - FAILURE TO RECEIVE BALLOT (REPEALED)

Current through Register Vol. 13, July 5, 2024
13-13-603, MCA; IMP,
					 13-13-204,
					 13-13-603,
					 13-15-107,
					 13-19-313,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.24 - Ballot Form and Uniformity and Determining a Valid Vote › Rule 44.3.2401 - BALLOT FORM AND UNIFORMITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
13-12-202, MCA; IMP,
					 13-12-202,
					 13-13-205,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.24 - Ballot Form and Uniformity and Determining a Valid Vote › Rule 44.3.2402 - DETERMINING A VALID VOTE IN MANUALLY COUNTING AND RECOUNTING PAPER BALLOTS

Current through Register Vol. 13, July 5, 2024
(1) Before being counted, each questionable
				vote on a paper ballot set aside under
				13-15-206, MCA, must be reviewed
				by the designated board. The board shall evaluate each questionable vote
				according to the rules below:
(a) If a
				majority of the designated board members agree that under the rules the voter's
				intent can be clearly determined, the vote is valid and must be counted
				according to the voter's intent.
(b) If a majority of the designated board
				members do not agree that the voter's intent can be clearly determined under
				the rules, the vote is not valid and may not be counted.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.24 - Ballot Form and Uniformity and Determining a Valid Vote › Rule 44.3.2403 - DETERMINING A VALID WRITE-IN VOTE IN MANUALLY COUNTING AND RECOUNTING PAPER BALLOTS

Current through Register Vol. 13, July 5, 2024
(1) Before being
				counted, each questionable write-in vote on a paper ballot set aside under
				13-15-206, MCA, must be reviewed
				by the designated board. The board shall evaluate each questionable vote
				according to the rules below:
(a) If a
				majority of the designated board members agree that under the rules the voter's
				intent can be clearly determined, the vote is valid and must be counted
				according to the voter's intent.
(b) If a majority of the designated board
				members do not agree that the voter's intent can be clearly determined under
				the rules, the vote is not valid and may not be counted.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.24 - Ballot Form and Uniformity and Determining a Valid Vote › Rule 44.3.2404 - DETERMINING A VALID VOTE ON AN ELECTRONIC VOTING SYSTEM

Current through Register Vol. 13, July 5, 2024
(1) A vote on an electronic voting system
				consists of a voter's selection of a candidate or answer to a ballot question
				appearing on the voting surface of the device, followed by the voter activating
				the cast vote indicator.
(a) All electronic
				voting system equipment shall provide for the use of a device for the voter to
				enter the name of a write-in candidate where applicable. Except as provided in
				ARM 44.3.2405, a write-in vote may be
				counted only if the write-in vote identifies an individual by any of the
				designations filed pursuant to
				13-10-211(1)(a),
				MCA, and the oval, box, or other designated voting area on the ballot is
				marked.
(b) If a voter does not
				mark a candidate, judicial retention choice, or issue choice, the valid votes
				for other candidates or issues on the same ballot shall be counted.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.24 - Ballot Form and Uniformity and Determining a Valid Vote › Rule 44.3.2405 - DETERMINING A VALID VOTE ON A FEDERAL WRITE-IN ABSENTEE BALLOT

Current through Register Vol. 13, July 5, 2024
(1) A covered voter voting a federal write-in
				absentee ballot for a federal general election may designate a candidate by
				writing in the name of the candidate or by writing in the name of the political
				party for which the elector is voting. A written designation of the political
				party must be counted as a vote for the candidate of that party. A vote may not
				be voided for reasons of misspellings, abbreviations, or other minor variations
				of the candidate's name.
(2) Except
				as provided in (2)(a), a covered voter may vote in any election for a public
				office other than for a federal office by using the addendum provided in the
				federal write-in absentee ballot.
(a) If the
				elector is voting in a primary election, the elector shall identify the
				elector's political party affiliation as provided for in the appropriate
				section of the ballot. A vote cast by writing in the name of a candidate who is
				not affiliated with the elector's identified party is void and may not be
				counted.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.24 - Ballot Form and Uniformity and Determining a Valid Vote › Rule 44.3.2406 - APPLICABILITY TO ELECTIONS ALLOWING VOTES FOR MORE THAN ONE CANDIDATE FOR A POSITION

Current through Register Vol. 13, July 5, 2024
(1) The rules in
				this subchapter shall be applied consistently with necessary adjustments for
				elections in which electors may cast votes for more than one candidate for a
				position.
13-15-206, MCA; IMP,
					 13-15-206,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.24 - Ballot Form and Uniformity and Determining a Valid Vote › Rule 44.3.2407 - METHOD OF CORRECTION OF BALLOT

Current through Register Vol. 13, July 5, 2024
(1) If an
				appointment has been made to replace a candidate, as provided in
				13-10-326,
				13-10-327, or
				13-10-328, MCA, or if a candidate
				for lieutenant governor has been advanced to the candidacy for governor, as
				provided in
				13-10-328, MCA, after the ballots
				have been prepared but before the election, the election administrator may:
(a) correct the ballot in a manner consistent
				with the following:
(i) if the ballot is a
				paper ballot that is not produced for use with a voting system, follow the
				procedures in (1)(b) or (c);
(ii)
				if the ballot is a paper ballot that is produced for use with a voting system,
				correction of the ballot shall be 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;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.24 - Ballot Form and Uniformity and Determining a Valid Vote › Rule 44.3.2408 - BALLOT FORM AND UNIFORMITY

Current through Register Vol. 13, July 5, 2024
(1) The Secretary
				of State's Office adopts and incorporates by reference the "Ballot Layout
				Guide" dated January 16, 2024, which county election administrators must follow
				to ensure uniformity of the ballot form for each type of ballot used in the
				state as required by
				13-12-202, MCA. A copy of the
				Ballot Layout Guide can be accessed on the Secretary of State's website at
				sosmt.gov.
AUTH:
					 13-1-202,
					 13-12-202, MCA; IMP:
					 13-1-202,
					 13-12-202,
					 MCA
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 44.3.2501 - COVERED VOTERS

Current through Register Vol. 13, July 5, 2024
(1) The following
				rules shall be followed, consistent with the Montana Absent Uniformed Services
				and Overseas Voter Act, Title 13, chapter 21, MCA, in regard to covered voters:
(a) pursuant to
				13-21-223, MCA, there is no limit
				on the earliest date that a covered voter may request an absentee
				ballot;
(b) covered voters must be
				given priority to be sent ballots as soon as they are available, if possible
				before the deadline for making them available;
(c) in elections for which a voter
				information pamphlet is required, election administrators must notify covered
				voters that the voter information pamphlet is available online, which can be
				accomplished through either:
(i) the absentee
				instructions; or
(ii) a special
				insert in materials provided to the absentee elector.
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 44.3.2502 - FACSIMILE MACHINE ACCESS (REPEALED)

Current through Register Vol. 13, July 5, 2024
13-21-104, MCA; IMP,
					 13-21-207,
					 MCA;
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 44.3.2503 - HANDLING OF FACSIMILE BALLOTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
13-21-104, MCA; IMP,
					 13-21-207,
					 MCA;
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 44.3.2504 - BALLOT TRANSMISSION (REPEALED)

Current through Register Vol. 13, July 5, 2024
13-21-104, MCA; IMP,
					 13-21-207,
					 MCA;
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 44.3.2505 - RECEIVING BALLOTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
13-21-104, MCA; IMP,
					 13-21-207,
					 MCA;
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 44.3.2506 - BALLOT LOG (REPEALED)

Current through Register Vol. 13, July 5, 2024
13-21-104, MCA; IMP,
					 13-21-104,
					 MCA;
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 44.3.2507 - ELECTOR AFFIRMATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
13-21-104, MCA; IMP,
					 13-21-104,
					 MCA;
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 44.3.2508 - BALLOT ACCEPTANCE (REPEALED)

Current through Register Vol. 13, July 5, 2024
13-21-104, MCA; IMP,
					 13-21-104,
					 MCA;
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 44.3.2509 - TRANSCRIPTION OF BALLOTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
13-21-104, MCA; IMP,
					 13-21-104,
					 MCA;
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 44.3.2510 - ELECTION JUDGES AND BALLOT SECRECY (REPEALED)

Current through Register Vol. 13, July 5, 2024
13-21-104, MCA; IMP,
					 13-21-104,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.27 - Mail Ballot Elections › Rule 44.3.2701 - INITIATION OF USE IN MULTICOUNTY DISTRICT

Current through Register Vol. 13, July 5, 2024
(1)
				Some special districts authorized to conduct elections using the mail ballot
				procedure are not confined within the boundary of a single county. When such a
				district desires to conduct an election by mail ballot, these are the
				procedures to be followed in initiating such an election.
(2) If the initiative is taken by the
				applicable governing body, it shall proceed as provided by law, except that the
				requesting resolution shall be addressed to the election administrator in each
				affected county.
(3) Each election
				administrator involved may make their own independent judgment as to whether
				the mail ballot election will be used for that election in the portion of the
				district which lies within their county.
(4) Unless each affected election
				administrator agrees, the mail ballot option may not be used to conduct the
				election in that district or any portion thereof.
(5) The election administrators may cooperate
				in the initiation and conduct of an election under the mail ballot procedures
				in a multicounty district. They shall designate one person as the chief
				election administrator for the conduct of that single election in that
				district.
(6) If the initiative for
				the use of the mail ballot option in a multicounty district is taken by the
				election administrators, then they shall proceed as provided by law, except
				that some form of concurrence to both the written plan and the designation of a
				chief election administrator shall be made by each election administrator
				involved and accompany the written plan.
13-19-105, MCA; IMP,
					 13-19-201,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.27 - Mail Ballot Elections › Rule 44.3.2702 - PLAN SPECIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) The plan
				for the conduct of an election or elections held on the same election day must
				include:
(a) a statement indicating the type
				of jurisdiction involved including sufficient information to demonstrate that
				it is in fact one of the jurisdictions for which the mail ballot option is
				available;
(b) a description of the
				type of election to be conducted;
(c) the estimated number of eligible electors
				in the jurisdiction at the time the plan is written;
(d) if the jurisdiction is a multicounty
				district, a listing of the other election administrators involved and a
				statement designating which one will function as the chief election
				administrator for that specific election;
(e) if the election is for school district
				purposes designate who will conduct the election--school district clerk
				(election administrator) or county election administrator;
(f) if proportional voting is required, a
				reference to the applicable statute and a complete description of the method to
				be used to satisfy the statutory requirements for proportional
				voting;
(g) if voting is permitted
				by electors who are eligible but otherwise not registered, a description of the
				eligibility requirements;
(h) the
				total number of "places of deposit," other than the election office
				contemplated, if any, together with the address of each and a description of
				its nature;
(i) a written timetable
				for the conduct of the election prepared in accordance with the specifications
				set forth in ARM
				44.3.2703;
(j) procedures to ensure that the voter
				interface devices required in
				13-3-208,
				MCA are available at locations appropriate to provide accessibility for
				disabled electors;
(k) an
				indication of how postage will be handled for:
(i) returned as undeliverable (e.g., "return
				postage guaranteed"); and
(ii)
				returns (e.g., elector to apply own postage or postage pre-paid,
				how);
(l) if the
				election is for school district purposes, a brief narrative of the procedures
				to be followed from the time the ballots are received from the electors until
				they are tabulated, including arrangements made for transfer of ballots from/to
				the school district clerk and the county election administrator for
				verification of signatures;
(m) a
				description of the procedures to be used to ensure ballot security at all
				stages of the process.
(n) sample
				written instructions shall be consistent with
				13-19-205,
				MCA.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.27 - Mail Ballot Elections › Rule 44.3.2703 - TIMETABLE SPECIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) The
				election administrator shall prepare a timetable for the conduct of the mail
				ballot election. The timetable shall be in data entry form. It may contain
				additional activities and may be arranged in a different chronological order
				but otherwise shall be in substantially the following form:
CALENDAR DATE ACTIVITY
______________ Copy of plan to governing body.
______________ Last day for governing body to opt out.
______________ Submission of plan to secretary of state's
				  office.
______________ Publish notice specifying close of
				  registration as provided by
				  13-2-301, MCA.
______________ Close of registration as provided by
				  13-2-301, MCA.
______________ Ballots mailed.
______________ Election day.
13-19-105, MCA; IMP,
					 13-19-205,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.27 - Mail Ballot Elections › Rule 44.3.2704 - PROPORTIONAL VOTING

Current through Register Vol. 13, July 5, 2024
(1) Some of the
				special districts authorized to conduct elections using the mail ballot
				procedure require votes to be cast and/or counted in proportion to property
				ownership or some factor other than one vote per person. When such is the case,
				the election administrator shall:
(a) make a
				determination as to whether the particular proportional voting requirements can
				be satisfied using the mail ballot procedures; and
(b) if so, include in the written plan the
				specific methods and procedures which will be used to implement the statutory
				requirements for proportional voting in that election.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.27 - Mail Ballot Elections › Rule 44.3.2707 - VOTING BY NONREGISTERED ELIGIBLE ELECTORS

Current through Register Vol. 13, July 5, 2024
(1) Some elections authorized to use the mail
				ballot procedure do not require an otherwise qualified elector to be
				registered. Certain provisions must therefore be made to allow any such
				qualified electors to participate in that election.
(2) When such an individual appears in person
				or contacts the election administrator by mail, facsimile, or electronic means,
				and provides materials demonstrating that the individual possesses the
				qualifications required for voting as provided in
				7-13-2212,
				7-33-2106,
				85-7-1710, and
				85-8-305, MCA, or a similar
				section, the individual must be allowed to vote, by following
				13-19-304, MCA, either:
(a) voting in person at that time, provided
				the ballots are available, and in the manner provided in
				13-19-304, MCA; or
(b) completing and signing, or providing the
				signature of the individual's agent designated pursuant to
				13-1-116, MCA, for subsequent
				signature verification purposes, an absentee request as provided in Title 13,
				chapter 13, part 2, MCA.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.27 - Mail Ballot Elections › Rule 44.3.2710 - DISPOSITION OF BALLOTS RETURNED AS UNDELIVERABLE

Current through Register Vol. 13, July 5, 2024
(1) The election administrator follows the
				procedures in
				13-19-313 and
				13-13-245, MCA, for mail ballots
				returned by the post office as undeliverable and files and securely retains
				said ballots.
(2) Whenever election
				officials are notified by an elector that the elector has not received a
				ballot, they may:
(a) check the ballots which
				have been returned as undeliverable;
(b) if the elector's ballot is found there,
				then deliver it to the elector, either in person or by mail, after the elector
				updates the elector's address by submitting a new voter registration card or
				other written update of the elector's address, either in person or by mail;
				and
(c) document the action taken
				in a log maintained for that purpose or in the statewide voter registration
				system.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.27 - Mail Ballot Elections › Rule 44.3.2711 - PLACES OF DEPOSIT- ELECTION OFFICIAL DUTIES

Current through Register Vol. 13, July 5, 2024
(1) Election officials, as designated in
				13-19-307,
				MCA, shall:
(a) be duly appointed as provided
				by
				13-19-307,
				MCA;
(b) take and subscribe to the
				appropriate oath of office;
(c)
				serve for the duration of the conduct of that specific election;
(d) be duly trained by the election
				administrator;
(e) be personally
				available at such place of deposit as specified in
				13-19-307,
				MCA;
(f) permit one poll watcher
				from each political party to be stationed in a location at each place of
				deposit during the days and times that the place of deposit is open that is
				near enough to observe the depositing ballots but does not interfere with those
				deposits;
(g) under the conditions
				specified in (f), permit additional poll watchers at the request of a
				candidate, a group of candidates, or any group having an interest in the
				election so long as the number of poll watchers at the place of deposit does
				not interfere with the depositing of ballots;
(h) personally ensure that all required
				procedures are adhered to; and
(i)
				personally ensure that all ballots and other official materials in their
				possession are and remain secure at all times.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.27 - Mail Ballot Elections › Rule 44.3.2714 - PROCEDURES TO SECURE BALLOTS

Current through Register Vol. 13, July 5, 2024
(1) Ballots and
				related materials must be secure at all times, including during necessary
				transport times.
(2) The procedures
				to secure ballots and materials, including during necessary transport times,
				shall be substantially similar to procedures used to secure ballots in a
				regular election.
13-19-105, MCA; IMP,
					 13-19-105,
					 13-19-307,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.27 - Mail Ballot Elections › Rule 44.3.2715 - RECORDS OF BALLOTS RECEIVED

Current through Register Vol. 13, July 5, 2024
(1) The
				election administrator shall record in a log or in the statewide voter
				registration system maintained for that purpose the number and source of all
				ballots received at the processing center including:
(a) the number of ballots received daily from
				the post office;
(b) the number of
				ballot packets returned as undeliverable each day;
(c) the number of ballots returned or voted
				in person each day; and
(d) the
				number of ballots received from any place of deposit on the day they are
				transported to the processing center.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.27 - Mail Ballot Elections › Rule 44.3.2716 - SIGNATURE VERIFICATION PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) For
				the purpose of school district elections conducted by the school district clerk
				(election administrator) signature verification shall be conducted by the
				county election administrator. This is accomplished as follows:
(a) arrangements shall be made by the school
				district clerk (election administrator) for the transport of ballots to and
				from the county election administrator for signature verification in compliance
				with ARM 44.3.2714;
(b) unopened signature envelopes shall be
				counted by the school district clerk (election administrator) placed in
				transport boxes and the number of signature envelopes recorded on the ballot
				transport logs which are to be sealed inside the transport boxes;
(c) the county election administrator shall
				break the seal on the transport boxes and verify signatures on the signature
				envelopes;
(d) the county election
				administrator shall record on the transport box logs the number of signatures
				verified as valid and the number of those not validated. Such numbers must
				balance with the school district count recorded on the transport
				logs;
(e) the unvalidated signature
				envelopes shall be banded together, marked "to be voided and not counted" and
				placed in the transport boxes with the valid signature envelopes. The transport
				boxes shall be resealed and returned to the school district clerk (election
				administrator) for counting or disposition as provided by law;
(f) for a ballot not validated, the school
				district clerk (election administrator) shall designate it as a provisional
				ballot, give notice to the elector as provided in
				13-19-313, MCA;
(g) cost of verifying signatures shall be
				charged to the school district at a rate to be agreed upon by the school
				district clerk (election administrator) and the county election
				administrator.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.27 - Mail Ballot Elections › Rule 44.3.2720 - TRANSMITTAL ENVELOPE

Current through Register Vol. 13, July 5, 2024
(1) The transmittal
				envelope shall be in substantially the same form as prescribed by the secretary
				of state.
13-1-202,
					 13-19-105, MCA; IMP,
					 13-19-105,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.27 - Mail Ballot Elections › Rule 44.3.2721 - SIGNATURE ENVELOPE

Current through Register Vol. 13, July 5, 2024
(1) The signature
				envelope is used by the elector to mail or return the voted ballot to the
				proper election administrator and it shall be in substantially the same form as
				prescribed by the secretary of state.
13-1-202,
					 13-19-105, MCA; IMP,
					 13-19-105,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.27 - Mail Ballot Elections › Rule 44.3.2722 - SECRECY ENVELOPE

Current through Register Vol. 13, July 5, 2024
(1) The ballot
				secrecy envelope shall be of a size to fit within the signature envelope and
				shall be in substantially the same form as prescribed by the secretary of
				state. The words "BALLOT SECRECY ENVELOPE" should be printed on the
				face.
(2) The envelope used as the
				secrecy envelope should be of sufficient paper weight to conceal the
				contents.
13-19-105, MCA; IMP,
					 13-19-105,
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.27 - Mail Ballot Elections › Rule 44.3.2723 - INSTRUCTIONS TO ELECTORS

Current through Register Vol. 13, July 5, 2024
(1) Instructions,
				as approved by the secretary of state pursuant to
				13-19-205, MCA, shall be included
				with the ballot, the secrecy envelope, and the signature envelope as part of
				the packet mailed to the elector. The instructions shall detail the mechanical
				process which must be followed in order to properly cast the ballot. The
				instructions shall also:
(a) advise the
				elector that the election is to be by mail ballot only, that the elector must
				provide postage, if necessary, and that regular polling places will not
				open;
(b) list the location where
				the elector may obtain a replacement ballot if the elector's ballot is not
				received, or is destroyed, spoiled, or lost;
(c) list the location(s) where the elector
				may deposit the elector's ballot if the elector chooses not to mail it;
				and
(d) advise the elector that in
				order for the elector's ballot to be counted, it must be received in the
				election administrator's office no later than 8:00 p.m. on the day of the
				election, except as provided in
				13-21-206 and
				13-21-207, MCA; and
(e) include the information specified under
				ARM 44.9.202.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.28 - Petitions › Rule 44.3.2801 - REGISTRATION OF EMPLOYERS OF PAID SIGNATURE GATHERERS

Current through Register Vol. 13, July 5, 2024
(1) A person who employs a paid signature
				gatherer shall submit a complete registration form to the Secretary of State's
				Office prior to collecting signatures on a ballot issue. The registration form
				is available at sosmt.gov or upon request from the Secretary of State's Office.
(a) A separate registration form is required
				for each ballot issue.
(b) The
				registration form must contain contact information for the employer and a list
				of all persons employed to gather signatures for that ballot issue. If
				additional persons are employed after the registration form is submitted, an
				amended form must be submitted.
(c)
				The filing fee for registration is $0.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.29 - Security › Rule 44.3.2901 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in this subchapter, unless the context clearly
				  indicates otherwise, the following definitions apply:
(1) "Election security" means the process of
				implementing and maintaining protective measures that preserve the
				confidentiality, integrity, and availability of the election process. This
				includes network and information security as well as physical
				security.
(2) "Endpoint detection
				and response tool(s)" or "EDR tool(s)" means a software that continually
				monitors end-user devices to detect and respond to cyber threats.
(3) "Qualified assessor" means a security
				professional who, at the time of engagement, is certified and in good standing
				with at least of one of the following security credentials which require
				passing an exam covering related security subject matter and possessing the
				required amount of relevant information security work experience (based on
				certification requirements in effect on December 1, 2023):
(a) Certified in Governance, Risk, and
				Compliance (CGRC). The requirements to obtain a CGRC credential can be found at
https://www.isc2.org
;
(b) Certified Information Security Manager
				(CISM). The requirements to obtain a CISM credential can be found at
https://www.isaca.org
;
(c) Certified Information Systems Auditor
				(CISA). The requirements to obtain a CISA credential can be found at
https://www.isaca.org
;
(d) Certified Information Systems Security
				Professional (CISSP). The requirements to obtain a CISSP credential can be
				found at
https://www.isc2.org
;
(e) Certified in Risk and
				Information Systems Control (CRISC). The requirements to obtain a CRISC
				credential can be found at
https://www.isaca.org
;
(f) GIAC Critical Controls Certification
				(GCCC). The requirements to obtain a GCCC credential can be found at
https://www.giac.org
;
(g) GIAC Security Leadership Certification
				(GSLC). The requirements to obtain a GSLC credential can be found at
https://www.giac.org
; or
(h) GIAC Systems and Network Auditor (GSNA).
				The requirements to obtain a GSNA credential can be found at
https://www.giac.org
.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.29 - Security › Rule 44.3.2902 - ANNUAL SECURITY ASSESSMENTS

Current through Register Vol. 13, July 5, 2024
(1) Election
				security practices performed at county election offices shall be annually
				assessed based on controls derived from one of the following frameworks that
				detail security best practices for mitigating security risks to an
				organization:
(a) the National Institute of
				Standards and Technology's "Framework for Improving Critical Infrastructure
				Cybersecurity," Version 1.1, published April 16, 2018, found at
https://www.nist.gov
;
(b) the National Institute of Standards and
				Technology's Special Publication 800-53 Revision 5 titled "Security and Privacy
				Controls for Information Systems and Organizations," published December 10,
				2020, found at
https://www.nist.gov
;
(c) the Center for Internet Security's "CIS
				Critical Security Controls," Version 8, published May 2021, found at
https://www.cisecurity.org
;
				or
(d) the Center for Internet
				Security's " Essential Guide to Election Security," version
				1.4.1, published September 29,
				2023, found at
https://essentialguide.docs.cisecurity.org/
.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.29 - Security › Rule 44.3.2903 - ANNUAL SECURITY AWARENESS TRAINING

Current through Register Vol. 13, July 5, 2024
(1) All
				county and state elections staff shall complete security awareness training at
				least once per year.
(2) The
				security awareness training will be provided by the Secretary of State. The
				Secretary of State may approve equivalent security awareness training on a
				case-by-case basis.
(3) The county
				election administrator shall maintain records of their election staff's
				completion of the security awareness training in accordance with the local
				government records retention schedule.
(4) The county election administrator shall
				provide the Secretary of State with records of their election staff's
				completion of the security awareness training in January of each calendar
				year.
AUTH:
					 13-1-205, MCA; IMP:
					 13-1-205,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.29 - Security › Rule 44.3.2904 - PHYSICAL SECURITY

Current through Register Vol. 13, July 5, 2024
(1) Any type of
				component that is used within a voting system as defined in
				13-1-101, MCA, shall be physically
				secured using tamperproof seals and access control to prevent unauthorized
				tampering or use.
(2) County
				election administrators shall maintain an inventory and a chain of custody for
				any type of component that is used within a voting system as defined in
				13-1-101, MCA, and any keys,
				cards, fobs, or other controls used to access election-related equipment or
				storage locations.
(a) County election
				administrators shall document chains of custody on forms prescribed by the
				Secretary of State and located on the Secretary of State website.
(b) The chain of custody shall be documented
				every time there is a change in custody of the items or a removal of a
				tamperproof seal.
(c) The chain of
				custody records shall be maintained according to the local government records
				retention schedule.
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.29 - Security › Rule 44.3.2905 - OTHER ELECTION SECURITY REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Any
				type of component that is used within a voting system as defined in
				13-1-101, MCA, shall not be
				connected to a computer network at any time.
(2) Workstations, desktops, laptops, or other
				computing devices used by county election departments and connected to a
				computer network shall have endpoint detection and response (EDR) tools or
				behavioral-based anti-virus software installed, operating as recommended by the
				vendor and updated with the latest signatures or other version as required and
				supported by the vendor.
AUTH:
					 13-1-205, MCA; IMP:
					 13-1-205,
					 MCA
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.4 - ETHICS (REPEALED) › Subchapter 44.4.1 - Introduction and Intent › Rule 44.4.101 - INTRODUCTION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-2-132(3), MCA;
					 IMP, Sec. 2-2-132(1), (2),
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.4 - ETHICS (REPEALED) › Subchapter 44.4.1 - Introduction and Intent › Rule 44.4.102 - ROLE OF THE SECRETARY OF STATE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-2-132(3), MCA;
					 IMP, Sec. 2-2-132(1), (2),
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.4 - ETHICS (REPEALED) › Subchapter 44.4.2 - Montana Ethics Commission › Rule 44.4.201 - ETHICS COMMISSION ESTABLISHED (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-2-132(3), MCA;
					 IMP, Sec. 2-2-132(1), (2),
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.4 - ETHICS (REPEALED) › Subchapter 44.4.2 - Montana Ethics Commission › Rule 44.4.202 - PURPOSE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-2-132(3), MCA;
					 IMP, Sec. 2-2-132(1), (2),
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.4 - ETHICS (REPEALED) › Subchapter 44.4.2 - Montana Ethics Commission › Rule 44.4.203 - TERMS OF MEMBERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-2-132(3), MCA;
					 IMP, Sec. 2-2-132(1), (2),
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.4 - ETHICS (REPEALED) › Subchapter 44.4.2 - Montana Ethics Commission › Rule 44.4.204 - VACANCIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-2-132(3), MCA;
					 IMP, Sec. 2-2-132(1), (2),
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.4 - ETHICS (REPEALED) › Subchapter 44.4.2 - Montana Ethics Commission › Rule 44.4.205 - QUALIFICATIONS OF MEMBERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-2-132(3), MCA;
					 IMP, Sec. 2-2-132(1), (2),
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.4 - ETHICS (REPEALED) › Subchapter 44.4.2 - Montana Ethics Commission › Rule 44.4.206 - REMOVAL OF MEMBERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-2-132(3), MCA;
					 IMP, Sec. 2-2-132(1), (2),
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.4 - ETHICS (REPEALED) › Subchapter 44.4.3 - Organizational Rules › Rule 44.4.301 - CHAIRMAN (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-2-132(3), MCA;
					 IMP, Sec. 2-2-132(1), (2),
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.4 - ETHICS (REPEALED) › Subchapter 44.4.3 - Organizational Rules › Rule 44.4.302 - OFFICERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-2-132(3), MCA;
					 IMP, Sec. 2-2-132(1), (2),
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.4 - ETHICS (REPEALED) › Subchapter 44.4.3 - Organizational Rules › Rule 44.4.303 - STAFF AND FACILITIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-2-132(3), MCA;
					 IMP, Sec. 2-2-132(1), (2),
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.4 - ETHICS (REPEALED) › Subchapter 44.4.3 - Organizational Rules › Rule 44.4.304 - COMPENSATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-2-132(3), MCA;
					 IMP, Sec. 2-2-132(1), (2),
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.4 - ETHICS (REPEALED) › Subchapter 44.4.3 - Organizational Rules › Rule 44.4.305 - REPORTS AND RECORDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-2-132(3), MCA;
					 IMP, Sec. 2-2-132(1), (2),
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.4 - ETHICS (REPEALED) › Subchapter 44.4.3 - Organizational Rules › Rule 44.4.306 - MEETINGS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-2-132(3), MCA;
					 IMP, Sec. 2-2-132(1), (2),
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.4 - ETHICS (REPEALED) › Subchapter 44.4.3 - Organizational Rules › Rule 44.4.307 - QUORUM AND ACTIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-2-132(3), MCA;
					 IMP, Sec. 2-2-132(1), (2),
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.4 - ETHICS (REPEALED) › Subchapter 44.4.4 - Powers and Duties › Rule 44.4.401 - DUTIES OF COMMISSION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-2-132(3), MCA;
					 IMP, Sec. 2-2-132(1), (2),
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.4 - ETHICS (REPEALED) › Subchapter 44.4.4 - Powers and Duties › Rule 44.4.402 - POWERS OF THE COMMISSION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-2-132(3), MCA;
					 IMP, Sec. 2-2-132(1), (2),
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.4 - ETHICS (REPEALED) › Subchapter 44.4.4 - Powers and Duties › Rule 44.4.403 - LIMITATIONS ON ACTIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-2-132(3), MCA;
					 IMP, Sec. 2-2-132(1), (2),
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.4 - ETHICS (REPEALED) › Subchapter 44.4.5 - General Provisions › Rule 44.4.501 - DEFINITION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-2-132(3), MCA;
					 IMP, Sec. 2-2-132(1), (2),
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.4 - ETHICS (REPEALED) › Subchapter 44.4.5 - General Provisions › Rule 44.4.502 - PRESUMPTIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-2-132(3), MCA;
					 IMP, Sec. 2-2-132(1), (2),
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.4 - ETHICS (REPEALED) › Subchapter 44.4.5 - General Provisions › Rule 44.4.503 - BURDEN OF PROOF (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-2-132(3), MCA;
					 IMP, Sec. 2-2-132(1), (2),
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.4 - ETHICS (REPEALED) › Subchapter 44.4.5 - General Provisions › Rule 44.4.504 - COMPUTATION OF TIME (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-2-132(3), MCA;
					 IMP, Sec. 2-2-132(1), (2),
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.4 - ETHICS (REPEALED) › Subchapter 44.4.5 - General Provisions › Rule 44.4.505 - BASIC PRINCIPAL; PRIORITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-2-132(3), MCA;
					 IMP, Sec. 2-2-132(1), (2),
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.4 - ETHICS (REPEALED) › Subchapter 44.4.6 - Advisory Opinion Requests › Rule 44.4.601 - WHO MAY REQUEST (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-2-132(3), MCA;
					 IMP, Sec. 2-2-132(1), (2),
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.4 - ETHICS (REPEALED) › Subchapter 44.4.6 - Advisory Opinion Requests › Rule 44.4.602 - GROUNDS FOR REQUESTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-2-132(3), MCA;
					 IMP, Sec. 2-2-132(1), (2),
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.4 - ETHICS (REPEALED) › Subchapter 44.4.6 - Advisory Opinion Requests › Rule 44.4.603 - CONTENTS OF REQUESTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-2-132(3), MCA;
					 IMP, Sec. 2-2-132(1), (2),
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.4 - ETHICS (REPEALED) › Subchapter 44.4.6 - Advisory Opinion Requests › Rule 44.4.604 - QUALIFICATION OF REQUESTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-2-132(3), MCA;
					 IMP, Sec. 2-2-132(1), (2),
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.4 - ETHICS (REPEALED) › Subchapter 44.4.6 - Advisory Opinion Requests › Rule 44.4.605 - PUBLIC AVAILABILITY OF REQUESTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-2-132(3), MCA;
					 IMP, Sec. 2-2-132(1), (2),
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.4 - ETHICS (REPEALED) › Subchapter 44.4.6 - Advisory Opinion Requests › Rule 44.4.606 - COMMENTS ON REQUESTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-2-132(3), MCA;
					 IMP, Sec. 2-2-132(1), (2),
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.4 - ETHICS (REPEALED) › Subchapter 44.4.7 - Advisory Opinions › Rule 44.4.701 - REASONABLE GROUNDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-2-132(3), MCA;
					 IMP, Sec. 2-2-132(1), (2),
					 MCA;
Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.4 - ETHICS (REPEALED) › Subchapter 44.4.7 - Advisory Opinions › Rule 44.4.702 - HEARINGS ON REQUESTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 2-2-132(3), MCA;
					 IMP, Sec. 2-2-132(1), (2),
					 MCA;