Montana Administrative Code

44.3.1701 EXAMINATION OF VOTING MACHINES AND DEVICES The Secretary of State is empowered under 13-17-101, MCA, to approve voting machines and devices. Unless the context clearly requires otherwise, the following terms shall have the following meanings: "Applicant" means any perso…

44.3.1702 CONDUCT OF EXAMINATION The following materials shall be provided by the applicant at the place agreed upon for the examination: At least one fully operative system unit or set conforming to the description of the same contained in the application. At least one copy of a…

44.3.1703 CRITERIA OF CONSTRUCTION Voting machines or devices shall meet the following requirements: They shall permit and require an elector to vote in secret. They shall prevent an elector from voting for any candidate or upon any ballot issue more than once and is also prevent…

44.3.1704 CRITERIA OF EXAMINATION The examination of a mechanical voting machine shall be conducted by the examiner or examiners to ensure that the machine meets the criteria set out in ARM 44.3.1703(1) as well as: It shall be determined that if levers or buttons of any descripti…

44.3.1705 COSTS OF EXAMINATION (REPEALED) Authorizing statute(s): 13-17-107(1), MCA Implementing statute(s): 13-17-102, MCA History: NEW, 1979 MAR p. 1693, Eff. 12/28/79; REP, 1996 MAR p. 3221, Eff. 12/20/96.

44.3.1706 NOTIFICATION TO APPLICANT Within 30 days after completion of such examination, the Secretary of State or the deputy or deputies shall prepare and file in the office a report of the findings with respect to the system examined. A copy of such report shall be forwarded to…

44.3.1707 APPEAL FROM DISAPPROVAL If upon examination any system shall have been disapproved by the Secretary of State under these rules, the applicant may appeal by requesting reconsideration of the system so disapproved, under the following conditions: Such request for reconsid…

44.3.1708 WAIVER OF CONDITIONS The Secretary of State may vary the time and place of examination fixed by ARM 44.3.1701(4) and (5) and may waive any informality in the form of application or procedure followed in examination, if, in his opinion, such informality does not substant…

44.3.1709 EXPERIMENTAL USE OF VOTING MACHINES OR DEVICES (REPEALED) Authorizing statute(s): 13-17-107(1), MCA Implementing statute(s): 13-17-105, MCA History: NEW, 1979 MAR p. 1693, Eff. 12/28/79; REP, 1996 MAR p. 3221, Eff. 12/20/96.

44.3.1710 EXTENSION OF PREVIOUS APPROVAL OF VOTING MACHINES OR DEVICES Any system having been approved under rules previously promulgated by the Secretary of State under prior citations of law shall continue to have approval under the application of these rules without reexaminat…

44.3.1711 BENCHMARK PERFORMANCE STANDARD FOR VOTING SYSTEMS PRIOR TO CERTIFICATION The benchmark performance standard for voting systems approved under 13-17-101 , MCA, is based on commonly accepted industry standards for readily available technologies. These standards shall at t…

44.3.1712 PERFORMANCE CERTIFICATION OF VOTING SYSTEMS PRIOR TO ELECTION No more than 30 days prior to an election in which a voting system is used, the election administrator shall publicly test and certify that the system is performing properly. The Secretary of State shall ensu…

44.3.1713 UNIFORM PROCEDURES FOR USING VOTING SYSTEMS For each voting system approved under 13-17-101, MCA, the system must comply, as applicable, with the following procedures specified in the instruction manuals, user guides, and technical manuals provided by the manufacturer a…

44.3.1714 HANDLING VOTING MACHINE ERROR DURING COUNT During a count of paper ballots in which votes are being automatically tabulated by a voting machine, if the election administrator or counting board has reason to believe that the voting machine is not operating correctly, the…

44.3.1717 SEALING BALLOTS AND VOTING SYSTEMS When a recount of paper ballots that was conducted using a voting system has been finished, ballots must again be sealed in the same package or envelope (unless the package or envelope is unusable), in the presence of the election admi…

44.3.1718 DEFINITIONS (REPEALED) Authorizing statute(s): 13-17-503, MCA Implementing statute(s): 13-17-503, MCA History: NEW, 2010 MAR p. 918, Eff. 4/16/10; REP, 2024 MAR p. 287, Eff. 2/10/24.

44.3.1719 POSTELECTION AUDIT PROCESS FOR A FEDERAL ELECTION Within seven to nine days after a federal election, the Secretary of State will call a public meeting of the state board of canvassersto randomly select the races, ballot issues, and precincts to be audited pursuant to t…

44.3.1720 REPORTING PROCESS FOR RANDOM-SAMPLE AUDIT (REPEALED) Authorizing statute(s): 13-1-202, 13-17-503, MCA Implementing statute(s): 13-17-505, 13-17-506, 13-17-507, MCA History: NEW, 2010 MAR p. 918, Eff. 4/16/10; AMD, 2012 MAR p. 760, Eff. 4/13/12; REP, 2024 MAR p. 287, Eff…

44.3.1721 VOTING SYSTEM TESTING Pursuant to 13-17-103, MCA, a voting system must be tested by a third-party tester to be free of any modems or other unauthorized external communication devices before its first use in an election and as requested by a county for voting systems in …

44.3.1722 POSTELECTION AUDIT PROCESS FOR A NONFEDERAL ELECTION Pursuant to the Postelection Audit Act, Title 13, chapter 17, part 5, MCA, if a board of county commissioners requests an audit of vote-counting machines for a nonfederal election, they shall randomly select the preci…

44.3.1730 USE OF VOTING MACHINES AND DEVICES (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-17-101, MCA History: NEW, 1980 MAR p. 434, Eff. 2/1/80; REP, 1996 MAR p. 3221, Eff. 12/20/96.

44.3.1731 PROCEDURES FOR USE OF IES (SHOUP) VOTING MACHINES - BEFORE THE POLLS OPEN (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-12-201 through 13-12-208, 13-13-115, 13-17-206, MCA History: NEW, 1979 MAR p. 1520, Eff. 2/1/80; REP, 2006 MAR p. 2…

44.3.1732 PROCEDURES FOR USE OF IES (SHOUP) VOTING MACHINES - WHILE THE POLLS ARE OPEN (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-10-209, 13-13-114, 13-13-115, 13-17-305, MCA History: NEW, 1980 MAR p. 434, Eff. 2/1/80; REP, 2006 MAR p. 2671, …

44.3.1733 PROCEDURES FOR USE OF IES (SHOUP) VOTING MACHINES - AFTER THE POLLS CLOSE (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-13-115, 13-13-117, 13-13-241, 13-13-242, 13-15-101, 13-15-201, 13-15-202, 13-15-204, 13-15-205, MCA History: NEW, 1…

44.3.1734 PROCEDURES FOR USE OF AVM (AUTOMATIC VOTING MACHINES) - BEFORE THE POLLS OPEN (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-12-201 through 13-12-208, 13-13-115, 13-17-206, MCA History: NEW, 1980 MAR p. 434, Eff. 2/1/80; REP, 2006 MAR p…

44.3.1735 PROCEDURES FOR USE OF AVM VOTING MACHINES - WHILE THE POLLS ARE OPEN (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-12-209, 13-13-114, 13-13-115, 13-17-305, MCA History: NEW, 1980 MAR p. 434, Eff. 2/1/80; REP, 2006 MAR p. 2671, Eff. 10/…

44.3.1736 PROCEDURES FOR USE OF AVM VOTING MACHINES - AFTER THE POLLS CLOSE (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-13-115, 13-13-117, 13-13-241, 13-13-242, 13-15-101, 13-15-201, 13-15-202, 13-15-204, 13-15-205, MCA History: NEW, 1980 MAR …

44.3.1737 DEFINITIONS - COMPUTER ELECTION SYSTEMS VOTOMATIC (CES) (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-17-107, MCA History: NEW, 1980 MAR p. 434, Eff. 2/1/80; AMD, 1986 MAR p. 1703, Eff. 10/17/86; REP, 2006 MAR p. 2671, Eff. 10/27/06.…

44.3.1737A PROCEDURES FOR USE OF COMPUTER ELECTION SYSTEMS VOTOMATIC - (CES) PRIMARY ELECTION (REPEALED) Authorizing statute(s): 13-17-206, MCA Implementing statute(s): 13-17-206, MCA History: NEW, 1986 MAR p. 1703, Eff. 10/17/86; REP, 2006 MAR p. 2671, Eff. 10/27/06.

44.3.1738 PROCEDURES FOR USE OF COMPUTER ELECTION SYSTEMS VOTOMATIC - (CES) - BEFORE THE POLLS OPEN (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-12-201 through 13-12-208, 13-13-115, 13-17-206, MCA History: NEW, 1980 MAR p. 434, Eff. 2/1/80; AMD…

44.3.1739 PROCEDURES FOR USE OF COMPUTER ELECTION SYSTEMS VOTOMATIC - (CES) - WHILE THE POLLS ARE OPEN (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-12-209, 13-13-114, 13-13-115, 13-15-103, 13-17-305, MCA History: NEW, 1980 MAR p. 434, Eff. 2/1/…

44.3.1740 PROCEDURES FOR USE OF COMPUTER ELECTION SYSTEMS VOTOMATIC - (CES) - AFTER THE POLLS CLOSE (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-13-115, 13-15-101, 13-15-201, 13-15-202, 13-15-204, 13-15-205, 13-17-117, MCA History: NEW, 1980 MA…

44.3.1741 CENTRAL COUNTING CENTER FOR TABULATION OF COMPUTER ELECTION SYSTEMS - VOTOMATIC (CES) BALLOTS (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-17-107, MCA History: NEW, 1980 MAR p. 434, Eff. 2/1/80; AMD, 1986 MAR p. 1703, Eff. 10/17/86; R…

44.3.1742 CENTRAL COUNTING CENTER PROCEDURES AND BOARD DUTIES - OBSERVATION BOARD (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-17-107, MCA History: NEW, 1980 MAR p. 434, Eff. 2/1/80; REP, 2006 MAR p. 2671, Eff. 10/27/06.

44.3.1743 CENTRAL COUNTING CENTER PROCEDURES AND DUTIES - RECEIVING BOARD (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-17-107, MCA History: NEW, 1980 MAR p. 434, Eff. 2/1/80; AMD, 1986 MAR p. 1703, Eff. 10/17/86; REP, 2006 MAR p. 2671, Eff. 10/…

44.3.1744 CENTRAL COUNTING CENTER PROCEDURES AND DUTIES - INSPECTION BOARD (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-13-117, 13-15-203, 13-17-107, MCA History: NEW, 1980 MAR p. 434, Eff. 2/1/80; AMD, 1986 MAR p. 1703, Eff. 10/17/86; REP, 200…

44.3.1745 CENTRAL COUNTING CENTER PROCEDURES AND DUTIES - DUPLICATION BOARD (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-17-107, MCA History: NEW, 1980 MAR p. 434, Eff. 2/1/80; AMD, 1986 MAR p. 1703, Eff. 10/17/86; REP, 2006 MAR p. 2671, Eff. 1…

44.3.1746 CENTRAL COUNTING CENTER PROCEDURES AND DUTIES - WRITE-IN TALLY BOARD (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-13-117, 13-15-202, 13-17-107, MCA History: NEW, 1980 MAR p. 434, Eff. 2/1/80; AMD, 1986 MAR p. 1703, Eff. 10/17/86; REP,…

44.3.1747 CENTRAL COUNTING CENTER PROCEDURES AND DUTIES - BALLOT TABULATION BOARD (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-1-303, 13-15-202, 13-17-107, MCA History: NEW, 1980 MAR p. 434, Eff. 2/1/80; REP, 2006 MAR p. 2671, Eff. 10/27/06.…

44.3.1748 CENTRAL COUNTING CENTER PROCEDURES AND DUTIES - BALLOT SEALING BOARD (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-1-303, 13-17-107, MCA History: NEW, 1980 MAR p. 434, Eff. 2/1/80; REP, 2006 MAR p. 2671, Eff. 10/27/06.

44.3.1749 CENTRAL COUNTING CENTER PROCEDURES AND DUTIES - ELECTION RESULTS BOARD (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-15-101, 13-17-107, MCA History: NEW, 1980 MAR p. 434, Eff. 2/1/80; AMD, 1986 MAR p. 1703, Eff. 10/17/86; REP, 2006 MAR…

44.3.1750 CENTRAL COUNTING CENTER PROCEDURES AND DUTIES - CLOSING OF COUNTING CENTER (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-1-303, 13-17-101, MCA History: NEW, 1980 MAR p. 434, Eff. 2/1/80; AMD, 1986 MAR p. 1703, Eff. 10/17/86; REP, 2006 …

44.3.1760 DEFINITIONS - AMERICAN INFORMATION SYSTEMS (AIS-315) (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-17-107(2), MCA History: NEW, 1985 MAR p. 1249, Eff. 8/30/85; REP, 2006 MAR p. 2671, Eff. 10/27/06.

44.3.1761 BALLOT PREPARATIONS - AMERICAN INFORMATION SYSTEMS (AIS-315) (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-17-107(2), MCA History: NEW, 1985 MAR p. 1568, Eff. 10/18/85; REP, 2006 MAR p. 2671, Eff. 10/27/06.

44.3.1762 PROCEDURES FOR USE OF AMERICAN INFORMATION SYSTEMS (AIS-315) - CENTRAL TABULATING SYSTEM - BEFORE THE POLLS OPEN (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-17-107(2), MCA History: NEW, 1985 MAR p. 1249, Eff. 8/30/85; REP, 2006 MAR p…

44.3.1763 PROCEDURES FOR USE OF AMERICAN INFORMATION SYSTEMS (AIS-315) - CENTRAL TABULATING SYSTEM - WHILE THE POLLS ARE OPEN (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-17-107(2), MCA History: NEW, 1985 MAR p. 1249, Eff. 8/30/85; REP, 2006 MA…

44.3.1764 PROCEDURES FOR USE OF AMERICAN INFORMATION SYSTEMS (AIS-315) - CENTRAL TABULATING SYSTEM - AFTER THE POLLS CLOSE (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-17-107(2), MCA History: NEW, 1985 MAR p. 1249, Eff. 8/30/85; REP, 2006 MAR p…

44.3.1765 CENTRAL TABULATING CENTER PROCEDURES (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-17-107(2), MCA History: NEW, 1985 MAR p. 1249, Eff. 8/30/85; REP, 2006 MAR p. 2671, Eff. 10/27/06.