MontanaSB 5869th Legislature, Regular Session (2025)Senate

Revise vote count procedures

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Stronger checks on ballot counts

The counting board removes ballots from the box and checks each one is a single ballot. The board counts all ballots and makes sure the total matches the pollbook of accepted ballots. If the numbers do not match, the board sends a signed, written report to the election administrator that lists how many ballots are missing or extra and any known reasons. If the report does not explain the problem, the election administrator investigates, may recount and review records, and then reports the process and the reason to the county canvassers.

How officials handle problem ballots

A ballot without the official marking is void. It may be counted only if all judges agree the mark is missing because of an election official’s error. In that case, they write “unmarked by error” on the back and each judge initials it. If two or more ballots are folded or stuck together to look like one, officials set them aside until the count is done. If a majority believes one voter marked them, the ballots are rejected; otherwise, they are counted.

Tighter rules for absentee ballots

Only valid absentee ballots are counted. A marked absentee ballot counts only if the signature on the envelope is verified and it arrives before 8 p.m. on election day, except as allowed in 13-21-206 and 13-21-226. Ballots with unresolved problems under 13-13-245 are invalid. Any identifying marks by the voter make a ballot invalid and it is rejected without notice. More than one ballot in one envelope is invalid unless there is one ballot for each of several elections held at the same time, or the envelope holds ballots from the same household, each in its own secrecy envelope, with a valid signature for each voter.

Sponsors & Cosponsors

Sponsor

Mike Cuffe
Republican • Senate

Cosponsors

Curtis Cochran
Republican • House

Roll Call Votes

All Roll Calls

Yes: 295 • No: 0

Senate vote • 3/26/2025

Do Concur

Yes: 99 • No: 0

Senate vote • 3/25/2025

Do Concur

Yes: 99 • No: 0

Senate vote • 2/6/2025

Do Pass

Yes: 49 • No: 0

Senate vote • 2/5/2025