Administrative Rules of Montana › Department 44 - SECRETARY OF STATE › Chapter 44.3 - ELECTIONS › Subchapter 44.3.1 - Voting Accessibility › Rule 44.3.116 - ELECTRONIC TRANSMISSION OF VOTING MATERIALS

Current through Register Vol. 13, July 5, 2024
(1) County election administrators shall
				allow electors with disabilities, as defined in
				13-3-202,
				MCA, to receive election materials electronically as long as the security of
				transmission and identity of each elector is confirmed and facilities are
				available to maintain the accuracy, integrity, and secrecy of the ballot
				process. The following procedures shall be followed, wherever applicable, in
				regard to the transition of election materials from the election administrator
				to electors electronically:
(a) A county
				election administrator must use a system that is secure from unauthorized
				access.
(b) When an election
				administrator receives a valid application for electronic transmission of a
				ballot from an elector with disabilities, the election administrator shall,
				subject to (1), e-mail the elector the ballot, instructions to the elector, and
				a transmittal cover sheet that includes an elector affirmation. A ballot
				secrecy envelope or page and a ballot signature envelope shall be provided
				either electronically or through the mail to each elector with a valid
				application for electronic ballot. The original ballot shall be retained in a
				secure absentee envelope or container for that purpose.
(c) The election administrator shall keep an
				official log of all ballots transmitted electronically.
(d) After the voted ballot and affirmation
				are received at the office of the election administrator, the transmittal cover
				sheet with affirmation must be retained in a sealed envelope or container
				separately from the ballot.
(e) No
				sooner than the time permitted for preparation of ballots pursuant to
				13-13-241(7),
				MCA, the election administrator shall have the returned ballots transcribed
				using the procedure prescribed below. If the received ballot is acceptable
				pursuant to the requirements of
				13-13-246,
				MCA, the election administrator shall:
(i) if
				the ballot was returned in a secrecy envelope, without opening the secrecy
				envelope containing the voted ballot, log in the receipt of the ballot and
				place it in the secure absentee envelope or container with the original ballot;
				or
(ii) if the ballot was returned
				using a secrecy page, to ensure the ballot is not revealed to anyone, place the
				printed electronically submitted ballot and secrecy page into an appropriate
				envelope and then place it in the secure absentee envelope or container with
				the original ballot.
(f)
				On the day before election day or on election day, the election administrator
				shall have the returned ballots transcribed using the procedure prescribed
				below.
(g) The voted ballot must be
				transcribed in a manner that ensures that no one transcribing the ballot has
				access to the name of the elector who voted the ballot.
(h) No less than three election officials
				shall participate in the transcription process to transfer the elector's votes
				from a received ballot, as applicable, to the standard ballot used in the
				precinct.
(i) An electronically
				transmitted ballot identifying number shall be written on the original
				transcribed ballot, the envelope containing the voted ballot and the
				electronically transmitted ballot, and in the official transcription
				log.
(j) The election officials who
				transcribed the electronically transmitted ballot shall sign the log for each
				ballot they transcribe.
(k) No one
				participating in the electronic ballot transmission or transcription process
				may reveal any information about the elector's identity or the votes on the
				elector's ballot.