Montana Administrative Code

44.15.108 REMOTE AND REMOTE ONLINE NOTARIZATIONS Remote and remote online notarizations shall only be performed using technology that allows the individuals communicating to simultaneously see and speak to one another. When performing remote or remote online notarizations, the si…

44.15.109 FEES FOR NOTARIAL ACTS A notary public may charge an additional fee in accordance with 1-5-626(2), MCA: for traveling to perform a notarial act; for performing a notarial act using an electronic notarization system or communications technology; or to recover the cost of…

44.15.110 NOTARY PUBLIC JOURNAL RETENTION A notary public must retain the notary's journal(s) at all times while holding an active commission unless the notary has satisfied the requirements set forth by (a). A notary who transmits control of the notary's journal(s) to the notary…

44.17.101 MODEL RULES AND REQUIREMENTS FOR THE ADMINISTRATIVE RULES OF MONTANA Rules relating to the fees, schedules, general provisions, and basic formatting requirements of the Montana Administrative Register and the Administrative Rules of Montana are located in ARM Title 1, c…

44.2.101 INCORPORATION OF MODEL RULES The Secretary of State adopts and incorporates by reference ARM 1.3.102 and 1.3.205 through 1.3.233 relating to citizens' participation, noticing and hearing procedures, and declaratory rulings. A copy of the model rules may be obtained from …

44.2.201 FEES FOR RECEIPT OF FACSIMILE FILING OF DOCUMENTS (REPEALED) (REPEALED) Authorizing statute(s): 30-9-403, 30-13-217, 30-13-311, 35-1-1201, 35-2-1001, 35-12-521, MCA Implementing statute(s): 30-9-403, 30-13-217, 30-13-311, 35-1-1201, 35-2-1001, 35-12-521, 71-3-125, MCA Hi…

44.2.202 FEES FOR FACSIMILE TRANSMISSIONS OF DOCUMENTS (REPEALED) (REPEALED) Authorizing statute(s): 2-15-405, 35-1-1307, MCA Implementing statute(s): 2-15-405, 35-1-1206, MCA History: NEW, 1989 MAR p. 1342, Eff. 9/15/89; AMD, 2001 MAR p. 2472, Eff. 1/1/02; AMD, 2009 MAR p. 1687,…

44.2.203 PRIORITY HANDLING OF DOCUMENTS (REPEALED) (REPEALED) Authorizing statute(s): 30-9A-526, 35-1-1307, 35-2-1107, MCA Implementing statute(s): 30-13-217, 35-2-1003, 35-12-521, MCA History: NEW, 1989 MAR p. 1342, Eff. 9/15/89; AMD, 1993 MAR p. 2248, Eff. 10/1/93; AMD, 2006 MA…

44.2.204 ACCESS TO PUBLIC INFORMATION AND FEES FOR COPIES Pursuant to Article II, section 9, of the Montana Constitution, and 2-6-1003, MCA, government documents and public information may be examined and copies provided to the public, with a few exceptions where privacy and secu…

44.2.205 RETURNED CHECK SERVICE FEES The following fees will be charged for insufficient funds checks, checks returned from the bank unpaid, and returned e-checks: first returned check $15.00 each subsequent returned check by the same payer 25.00 The returned check service fees a…

44.2.301 ACCEPTANCE OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES Effective early in 2016, the business services division of the Secretary of State's office will begin accepting business filings electronically. Electronic signatures contained in the electronic records reference…

44.2.302 SECRETARY OF STATE'S STATEWIDE ELECTRONIC FILING SYSTEM Pursuant to 2-15-401 and 2-15-404, MCA, the Secretary of State has developed and implemented a statewide electronic filing system (system) to allow the online filing of business documents required to be filed with t…

44.3.1001 NUMBER OF SIGNATURES REQUIRED FOR PETITIONS FOR NOMINATION IN CERTAIN INSTANCES (REPEALED) Authorizing statute(s): 13-1-202, MCA Implementing statute(s): 13-10-502(3), MCA History: NEW, 1979 MAR p. 1692, Eff. 12/28/79; REP, 1996 MAR p. 3221, Eff. 12/20/96.

44.3.1002 DEFINITIONS As used in this subchapter, unless the context clearly indicates otherwise, the following definitions apply: "Elector" means an individual qualified and registered to vote under state law. "Legislative district" means a representative district as provided in…

44.3.1003 FORM AND SUBMISSION OF PETITIONS TO NOMINATE A POLITICAL PARTY'S CANDIDATES BY PRIMARY ELECTION 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),…

44.3.1004 VERIFICATION OF ELECTOR SIGNATURES BY COUNTY ELECTION OFFICIALS, TALLY REPORTING, AND RECORDS RETENTION 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 u…

44.3.1005 WITHDRAWAL OF ELECTOR SIGNATURES FROM PETITIONS Any time prior to the notification of a final submission of a petition to a county's election office under ARM 44.3.1003(2), an elector may request to withdraw their signature from a petition submitted under this subchapte…

44.3.101 INTRODUCTION, SCOPE, AND INTENT The purpose of these rules is to establish minimum guidelines to be used in determining whether facilities used for voting in certain elections are accessible to electors with disabilities and elderly electors pursuant to the Americans Wit…

44.3.102 ROLE OF SECRETARY OF STATE The Secretary of State is empowered under the Voting Accessibility Act, 13-1-202, MCA, and these rules to: establish guidelines that define and determine accessibility at the polling place; prescribe the forms and materials necessary to ensure …

44.3.103 DEFINITIONS (REPEALED) Authorizing statute(s): 13-3-202, MCA Implementing statute(s): 13-3-202, MCA History: NEW, 1986 MAR p. 462, Eff. 3/28/86; AMD, 2008 MAR p. 1329, Eff. 6/27/08; REP, 2012 MAR p. 760, Eff. 4/13/12.

44.3.104 GUIDELINES FOR POLLING PLACE ACCESSIBILITY Polling places approved on or after October 1, 2005, must comply with the accessibility standards in the Americans With Disabilities Act of 1990, 42 U.S.C. 12101, et seq. Completed forms prescribed by the Secretary of State purs…

44.3.105 SURVEY PROCEDURE TO DETERMINE ACCESSIBILITY Unless specified otherwise, the election administrator shall conduct an on-site survey in each polling place 45 days prior to utilizing that facility, as provided in ARM 44.3.109, to determine whether such facilities are in com…

44.3.106 EXEMPTION PROCEDURE If an existing polling place has been surveyed and designated as "inaccessible," the election administrator shall make a reasonable effort to seek and survey for accessibility other potential sites with comparable utility as a polling place. If potent…

44.3.107 EMERGENCY EXEMPTION If a polling place designated "accessible" becomes unavailable for reasons such as loss of lease, fire, snow, or other natural disasters less than ten days prior to an election, an emergency exists and an alternate polling place shall be selected. The…

44.3.108 POLLING PLACE DESIGNATION As the result of an on-site survey, or current voter registration reports, a polling place shall be designated as: "accessible"; or "inaccessible". A polling place that has been surveyed pursuant to this subchapter need not be surveyed again unl…

44.3.109 VOTING ACCESSIBILITY ADVISORY COMMITTEE An election administrator may establish one or more voting accessibility advisory committee(s) (V.A.A.C.). Each committee shall consist of a minimum of three members, two of which shall represent an organization of elderly persons …

44.3.110 ALTERNATIVE MEANS FOR CASTING BALLOT The election administrator shall provide an alternative method of voting for those electors who are unable, because of disability, to access their regular polling place. Those methods are limited to the following: the practice, common…

44.3.1101 STATEWIDE VOTER DATABASE LISTS AND REPORTS The Secretary of State will make available for purchase for noncommercial use by private individuals or entities, certain lists and reports of registered electors as recorded in the statewide voter registration system as provid…

44.3.1102 STATEWIDE VOTER REGISTRATION SYSTEM In addition to the procedures specified under (2) and (3) and ARM 44.3.2001, county election administrators, election deputies, and election workers authorized to use the statewide voter registration system must, as applicable, comply…

44.3.111 THE ELDERLY ELECTOR The Voting Accessibility Act defines "elderly" as 65 years of age or older. The following requirements are intended to benefit elderly electors and shall be implemented by the 1986 June primary election: Election administrators shall conspicuously dis…

44.3.112 THE VISUALLY IMPAIRED Visually impaired persons can range from those with slight visual problems, not correctable by normal means, to the totally blind. In addition to the large-type printing requirements, as provided by ARM 44.3.111(2)(a), requirements and suggestions f…

44.3.113 TELECOMMUNICATIONS DEVICE FOR THE HEARING IMPAIRED Sixty days prior to each election, the Secretary of State shall install and advertise access to a toll-free telecommunications device for the deaf (TDD) for the purpose of providing: information on registration; voting a…

44.3.114 COMPLAINTS 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 Disabiliti…

44.3.115 CRITERIA AND PROCESS FOR A PERSON TO BECOME A DESIGNATED AGENT FOR AN ELECTOR WITH A DISABILITY 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 a…

44.3.116 ELECTRONIC TRANSMISSION OF VOTING MATERIALS 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 …

44.3.117 PERFORMANCE STANDARDS FOR ACCESSIBLE VOTING TECHNOLOGY DEVICES 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 acc…

44.3.1301 SUBMISSION OF VOTER INFORMATION PAMPHLET ARGUMENTS AND REBUTTALS 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. Authorizing statute(s): Sec. 13-27-…

44.3.1302 DEFINITIONS Unless the context clearly requires otherwise, the following terms shall have the following meanings: "VIP" refers to the Voter Information Pamphlet which contains the arguments for and against ballot issues. "Graphics" refers to anything other than letters,…

44.3.1303 FORMAT OF VOTER INFORMATION PAMPHLET ARGUMENTS AND REBUTTALS Format of arguments and rebuttals: The argument must be of a uniform typesetting; use of oversize or undersize type is prohibited. Use of graphics, tables, or graphs is prohibited. Use of columns is prohibited…

44.3.1401 REQUIRED MARKINGS (REPEALED) Authorizing statute(s): Sec. 13-13-214, MCA Implementing statute(s): Sec. 13-13-214, MCA History: NEW, 1984 MAR p. 394, Eff. 3/1/84; REP, 2004 MAR p. 93, Eff. 1/16/04.

44.3.1501 FACSIMILE MACHINE ACCESS (REPEALED) Authorizing statute(s): Sec. 13-13-278, MCA Implementing statute(s): Sec. 13-13-277, MCA History: NEW, 1992 MAR p. 1870, Eff. 8/28/92; REP, 2004 MAR p. 93, Eff. 1/16/04.

44.3.1502 HANDLING OF FACSIMILE BALLOTS (REPEALED) Authorizing statute(s): Sec. 13-13-278, MCA Implementing statute(s): Sec. 13-13-277, MCA History: NEW, 1992 MAR p. 1870, Eff. 8/28/92; REP, 2004 MAR p. 93, Eff. 1/16/04.

44.3.1503 BALLOT TRANSMISSION (REPEALED) Authorizing statute(s): Sec. 13-13-278, MCA Implementing statute(s): Sec. 13-13-277, MCA History: NEW, 1992 MAR p. 1870, Eff. 8/28/92; REP, 2004 MAR p. 93, Eff. 1/16/04.

44.3.1504 RECEIVING BALLOTS (REPEALED) Authorizing statute(s): Sec. 13-13-278, MCA Implementing statute(s): Sec. 13-13-277, MCA History: NEW, 1992 MAR p. 1870, Eff. 8/28/92; REP, 2004 MAR p. 93, Eff. 1/16/04.

44.3.1505 BALLOT LOG (REPEALED) Authorizing statute(s): Sec. 13-13-278, MCA Implementing statute(s): Sec. 13-13-277, MCA History: NEW, 1992 MAR p. 1870, Eff. 8/28/92; REP, 2004 MAR p. 93, Eff. 1/16/04.

44.3.1506 ELECTOR AFFIRMATION (REPEALED) Authorizing statute(s): Sec. 13-13-278, MCA Implementing statute(s): Sec. 13-13-277, MCA History: NEW, 1992 MAR p. 1870, Eff. 8/28/92; REP, 2004 MAR p. 93, Eff. 1/16/04.

44.3.1507 BALLOT ACCEPTANCE (REPEALED) Authorizing statute(s): Sec. 13-13-278, MCA Implementing statute(s): Sec. 13-13-277, MCA History: NEW, 1992 MAR p. 1870, Eff. 8/28/92; REP, 2004 MAR p. 93, Eff. 1/16/04.

44.3.1508 TRANSCRIPTION OF BALLOTS (REPEALED) Authorizing statute(s): Sec. 13-13-278, MCA Implementing statute(s): Sec. 13-13-277, MCA History: NEW, 1992 MAR p. 1870, Eff. 8/28/92; REP, 2004 MAR p. 93, Eff. 1/16/04.

44.3.1509 ELECTION JUDGES AND BALLOT SECRECY (REPEALED) Authorizing statute(s): Sec. 13-13-278, MCA Implementing statute(s): Sec. 13-13-277, MCA History: NEW, 1992 MAR p. 1870, Eff. 8/28/92; REP, 2004 MAR p. 93, Eff. 1/16/04.