MontanaSB 36069th Legislature, Regular Session (2025)Senate

Revise election laws related to definitions

Sponsored By: Shelley Vance (Republican)

Signed by Governor

Elections

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 2 benefits, 0 costs, 4 mixed.

All changes take effect now

The law takes effect on passage and approval. Any part with its own date still follows that date.

Broader exemptions for religious organizations

The commissioner must read the law’s exemptions for religious organizations broadly. This makes it easier for religious groups to qualify for those exemptions.

Absentee ballot security and early counting rules

Officials compare your absentee ballot signature to your registration. If it matches and you are registered, your ballot is accepted. If you are provisionally registered, officials open the envelope to check ID and eligibility. If ID is missing or not enough, the ballot is provisional and you are notified. If a ballot arrives without a secrecy envelope, the administrator must add one without looking. Ballot prep can start no earlier than 3 business days before election day, and machines may not tabulate earlier than 1 day before. No preparation happens on weekends. Small counties start no earlier than 1 business day before election day. The public may observe preparation, but only the administrator and a designee can see early electronic results. Administrators must keep absentee ballots securely stored until delivery to judges.

Campaign reporting deadlines and small-campaign relief

Undecided candidates must follow the lowest contribution limit of the offices they are weighing. Candidates file quarterly, plus on the 20th of March, April, May, June, August, September, October, and November in election years. Candidates must also file within 2 business days for covered contributions or spending in the 15 days before an election. Committees file quarterly and on the 30th of those months in election years, and within 2 business days for $500+ activity from 25 days before to the day before an election. For special elections, reports are due 60, 35, and 12 days before, and 20 days after. Local candidates and committees referencing a local issue or candidate only file if total campaign receipts or spending exceed $500. Unopposed candidates do not file the 2‑day reports. All reports are due by 11:59 p.m. on the due date.

Clearer election and campaign definitions

The law updates many election and campaign terms. It defines accepted and challenged ballots, and sets how to track ballot number variance. It clarifies that ballots are paper, counted by hand or by machine. It explains what counts as a contribution and as coordinated spending, and what does not. It defines election communications and electioneering communications, with exclusions, and sets the 60‑day and 100‑recipient tests. It defines voter interface devices and voting systems, requiring accessible devices that produce a paper ballot for review. It also defines a de minimis act and clarifies who is an election administrator and what an election includes.

Stronger ethics rules for public employees

Candidates and state officers may not use state money for ads with their name, picture, or voice. Emergency messages are allowed if needed for official duties, and program‑related announcements by state officers are allowed. Public officers and employees can list outside‑work products in the state electronic directory if they arrange it off duty. Department heads and certain board members may act despite a conflict when needed to carry out a law, with required disclosure. Part‑time board or commission members are not bound by the contingent‑fee ban unless they are full‑time public employees. Local body members may act to reach a quorum if they first disclose the interest.

Sponsors & Cosponsors

Sponsor

Shelley Vance
Republican • Senate

Cosponsors

Gary Parry
Republican • House

Roll Call Votes

All Roll Calls

Yes: 299 • No: 0

House vote • 4/11/2025

Do Concur

Yes: 99 • No: 0

House vote • 4/10/2025

Do Concur

Yes: 100 • No: 0

Senate vote • 3/6/2025

Do Pass

Yes: 50 • No: 0

Senate vote • 3/5/2025