Montana Administrative Code

44.3.1766 CENTRAL TABULATING CENTER PROCEDURES AND BOARD DUTIES - OBSERVATION BOARD (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-17-107(2), MCA History: NEW, 1985 MAR p. 1249, Eff. 8/30/85; REP, 2006 MAR p. 2671, Eff.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.

44.3.1767 CENTRAL TABULATING CENTER PROCEDURES AND DUTIES - RECEIVING BOARD (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-17-107(2), MCA History: NEW, 1985 MAR p. 1249, Eff. 8/30/85; REP, 2006 MAR p. 2671, Eff.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.

44.3.1768 CENTRAL TABULATING CENTER PROCEDURE AND DUTIES - STAGING BOARD (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-17-107(2), MCA History: NEW, 1985 MAR p. 1249, Eff. 8/30/85; REP, 2006 MAR p. 2671, Eff.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.

44.3.1769 CENTRAL TABULATING CENTER PROCEDURES AND DUTIES - BALLOT TABULATION BOARD (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-17-107(2), MCA History: NEW, 1985 MAR p. 1249, Eff. 8/30/85; REP, 2006 MAR p. 2671, Eff.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.

44.3.1770 CENTRAL TABULATING CENTER PROCEDURES AND DUTIES - DUPLICATION BOARD (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-17-107(2), MCA History: NEW, 1985 MAR p. 1249, Eff. 8/30/85; REP, 2006 MAR p. 2671, Eff.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.

44.3.1771 CENTRAL TABULATING CENTER PROCEDURES AND DUTIES - RESOLUTION BOARD (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-17-107(2), MCA History: NEW, 1985 MAR p. 1249, Eff. 8/30/85; REP, 2006 MAR p. 2671, Eff.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.

44.3.1772 CENTRAL TABULATING CENTER PROCEDURES AND DUTIES - WRITE-IN TALLY BOARD (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-17-107(2), MCA History: NEW, 1985 MAR p. 1249, Eff. 8/30/85; REP, 2006 MAR p. 2671, Eff.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.

44.3.1773 CENTRAL TABULATING CENTER PROCEDURES AND DUTIES - BALLOT SEALING BOARD (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-17-107(2), MCA History: NEW, 1985 MAR p. 1249, Eff. 8/30/85; REP, 2006 MAR p. 2671, Eff.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.

44.3.1774 CENTRAL TABULATING CENTER PROCEDURES AND DUTIES - ELECTION RESULTS BOARD (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-17-107(2), MCA History: NEW, 1985 MAR p. 1249, Eff. 8/30/85; REP, 2006 MAR p. 2671, Eff.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.

44.3.1775 CENTRAL TABULATING CENTER PROCEDURES AND DUTIES - CLOSING OF TABULATING CENTER (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-17-107(2), MCA History: NEW, 1985 MAR p. 1249, Eff. 8/30/85; REP, 2006 MAR p. 2671, Eff.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.

44.3.1781 USE AND SCOPE - COMPUTER ELECTION SYSTEM OPTECH I (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-17-107(2), MCA History: NEW, 1985 MAR p. 2040, Eff. 12/27/85; REP, 2006 MAR p. 2671, Eff. 10/27/06.

44.3.1782 DEFINITIONS - COMPUTER ELECTION SYSTEMS OPTECH I (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-17-107(2), MCA History: NEW, 1985 MAR p. 2040, Eff. 12/27/85; REP, 2006 MAR p. 2671, Eff. 10/27/06.

44.3.1783 BALLOT PREPARATION - COMPUTER ELECTION SYSTEMS - OPTECH I (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-17-107(2), MCA History: NEW, 1985 MAR p. 2040, Eff. 12/27/85; REP, 2006 MAR p. 2671, Eff. 10/27/06.

44.3.1784 PROCEDURES FOR USE OF COMPUTER ELECTION SYSTEMS OPTECH I - ACCURACY TESTING AND CERTIFICATION (REPEALED) Authorizing statute(s): 13-17-107(2), MCA Implementing statute(s): 13-17-107(2), MCA History: NEW, 1985 MAR p. 2040, Eff. 12/27/85; REP, 2006 MAR p. 2671, Eff. 10/27…

44.3.1785 PROCEDURES FOR USE OF COMPUTER ELECTION SYSTEMS OPTECH I - 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. 2040, Eff. 12/27/85; REP, 2006 MAR p. 2671, Eff. 10/27/06.

44.3.1786 PROCEDURES FOR USE OF COMPUTER ELECTION SYSTEMS OPTECH I - 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. 2040, Eff. 12/27/85; REP, 2006 MAR p. 2671, Eff. 10/27/06.

44.3.1787 PROCEDURES FOR USE OF COMPUTER ELECTION SYSTEMS OPTECH I - 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. 2040, Eff. 12/27/85; REP, 2006 MAR p. 2671, Eff. 10/27/06.

44.3.1801 REPORTING RESULTS DURING AN ELECTION For an election having at least one statewide race or statewide ballot issue, county election administrators must report results in accordance with 13-15-101, MCA.If the county election administrator has not complied with the reporti…

44.3.2001 VOTER REGISTRATION VERIFICATION Consistent with 13-2-109 , 13-2-110 , 13-2-205 , 13-2-207 , and 13-2-304 , MCA, the rules in this subchapter shall be used to determine whether information provided is sufficient to be accepted and processed, for verifying accuracy, estab…

44.3.2002 DEFINITIONS As used in this subchapter, unless the context clearly indicates otherwise, the following definitions apply: "Current address" means residence address or mailing address. For the purposes of this subchapter, an address is presumed to be current unless proved…

44.3.2003 APPLICATION FOR VOTER REGISTRATION Applicants for voter registration may apply by the procedures specified in 13-2-110 and 13-2-304 , MCA: in person; by mail; or as may otherwise be provided by law. Authorizing statute(s): 13-2-109, MCA Implementing statute(s): 13-2-110…

44.3.2004 VOTER REGISTRATION APPLICATION Election administrators shall use the voter registration application substantially in the most updated form prescribed by the secretary of state. Only registration applications substantially in the form prescribed by the secretary of state…

44.3.2005 VOTER REGISTRATION APPLICATION INFORMATION REQUIREMENTS An applicant for voter registration must provide all required information on the voter registration application, and county election administrators, election deputies, and election workers shall enter the informati…

44.3.2010 APPLICANTS INELIGIBLE DUE TO AGE OR RESIDENCE REQUIREMENTS An applicant for voter registration who is ineligible to register because of residence or age requirements, but who will be eligible on or before election day, may apply for voter registration pursuant to 13-2-1…

44.3.2011 PROVISIONAL REGISTRATION PENDING VERIFICATION All applicants for voter registration who apply under this subchapter shall be registered provisionally pending verification by an election administrator or their designee of the applicant's Montana driver's license number, …

44.3.2012 VERIFICATION OF VOTER REGISTRATION INFORMATION If the information provided by an applicant for voter registration in ARM 44.3.2011 is verified and the applicant meets all other legal requirements for registration, an election administrator shall register the applicant a…

44.3.2013 NOTICE TO APPLICANT OF STATUS OF APPLICATION FOR VOTER REGISTRATION An election administrator, election deputy, or election worker shall confirm an elector's registration by a confirmation notice required under 13-2-207, MCA, which is substantially in the form prescribe…

44.3.2014 MAINTENANCE OF ACTIVE AND INACTIVE VOTER REGISTRATION LISTS FOR ELECTIONS Election administrators shall follow the procedures in 13-2-220, MCA every year. An election administrator performing the procedures outlined in 13-2-220(1)(a), MCA, in the month of January also s…

44.3.2015 LATE REGISTRATION PROCEDURES In addition to and consistent with the procedures specified in the Montana Code Annotated, and due to administrative necessity, the following shall apply to late registration: Any prospective elector may register or change the existing elect…

44.3.2101 VOTER IDENTIFICATION AND PROVISIONAL VOTING PROCEDURES AT THE POLLING PLACE - GENERAL An election administrator shall follow 13-13-114 , 13-13-301 , 13-13-601 , 13-15-107 , MCA, and these rules in regard to voter identification and provisional voting at the polling plac…

44.3.2102 DEFINITIONS As used in this subchapter, unless the context clearly indicates otherwise, the following definitions apply: "Current address" means residence address or mailing address. For the purposes of this subchapter, an address is presumed to be current unless proved…

44.3.2103 PRINTING OF IDENTIFICATION AND PROVISIONAL VOTING MATERIALS Election administrators shall provide materials for identification and provisional voting in sufficient numbers for each election. These materials shall include at least the following, in forms prescribed by th…

44.3.2104 ARRANGEMENTS FOR IDENTIFICATION AND PROVISIONAL VOTING PROCEDURES - BEFORE THE ELECTION Election administrators shall arrange for a secure location for ballots cast provisionally, in the same or similar location as for voted regular ballots. Election administrators may …

44.3.2109 PROCEDURES FOR CHALLENGES An elector's right to vote may be challenged at any time by any registered elector. The challenger must fill out and sign an affidavit stating the grounds of the challenge and providing any evidence supporting the challenge to the election admi…

44.3.2110 PROCEDURES AT THE POLLING PLACE FOR DETERMINING THE SUFFICIENCY OF IDENTIFICATION - PRIOR TO CASTING A BALLOT Consistent with 13-13-114, MCA, before an elector is permitted to receive a ballot or vote, the elector shall present to an election judge one of the forms of r…

44.3.2111 PROCEDURES AT THE POLLING PLACE FOR DETERMINING ELIGIBILITY TO VOTE - PRIOR TO CASTING A BALLOT An individual who provides sufficient identification specified in ARM 44.3.2102, but whose name does not appear on the precinct register, shall be permitted to: provide infor…

44.3.2112 PROCEDURES AT THE POLLING PLACE FOR CHALLENGES - PRIOR TO CASTING A BALLOT (REPEALED) Authorizing statute(s): 13-13-603, MCA Implementing statute(s): 13-13-301, MCA History: NEW, 2004 MAR p. 93, Eff. 1/16/04; REP, 2006 MAR p. 2671, Eff. 10/27/06.

44.3.2113 PROVISIONAL VOTING PROCEDURES AT THE POLLING PLACE AND AT THE ELECTION ADMINISTRATOR'S OFFICE - CASTING A BALLOT The election administrator shall direct election officials in each precinct to mark, in a location specified by the election administrator in the records mai…

44.3.2114 PROVISIONAL VOTING PROCEDURES ON ELECTION DAY AFTER THE CLOSE OF POLLS - THE SIXTH DAY AFTER ELECTION DAY Provisional ballots must be handled consistent with 13-15-107, MCA. The election administrator shall direct election officials in each precinct, after the close of …

44.3.2115 PROVISIONAL VOTING PROCEDURES - AFTER FINAL DETERMINATION WHETHER OR NOT TO COUNT PROVISIONAL BALLOTS Election officials, after making the final determination whether or not to count the ballot(s) of each elector who cast a provisional ballot(s) and separately recording…

44.3.2201 FORM OF ABSENTEE BALLOT APPLICATION AND ABSENTEE BALLOT TRANSMISSION TO ELECTION ADMINISTRATOR - GENERAL Election officials and election workers shall follow Title 13, chapter 13, part 2, MCA, and these rules in regard to absentee applications. Authorizing statute(s): 1…

44.3.2202 DEFINITIONS As used in this subchapter, unless the context clearly indicates otherwise, the following definitions apply: "Elector" means an individual qualified to vote under state law. Authorizing statute(s): 13-13-212, MCA Implementing statute(s): 13-13-212, MCA Histo…

44.3.2203 ABSENTEE BALLOT APPLICATION AND ABSENTEE BALLOT TRANSMISSION TO ELECTION ADMINISTRATOR An elector or an agent designated pursuant to 13-1-116, MCA, may apply for an absentee ballot following the procedure in 13-13-212, MCA. If the election administrator can independentl…

44.3.2204 PROCESSES AND PROCEDURES FOR EARLY PREPARATION OF ABSENTEE BALLOTS The processes and procedures for early preparation of absentee ballots are conducted after completion of or in conjunction with the processes and procedures in 13-13-241(1) through (8), MCA. The followin…

44.3.2205 FACSIMILE REQUESTS FOR ABSENTEE BALLOTS An election administrator may treat a facsimile copy request for an absentee ballot as a mail request if all other requirements of 13-13-212, MCA are met. A facsimile copy may be accepted under (1) if it is legible. Authorizing st…

44.3.2206 REJECTED BALLOTS All rejected absentee ballots, the absentee ballot applications, and all absentee ballot signature envelopes must be enclosed in an envelope or container marked "REJECTED BALLOT(S) OF ABSENTEE ELECTORS." Authorizing statute(s): 13-15-108, MCA Implementi…

44.3.2301 VOTER IDENTIFICATION AND PROVISIONAL VOTING BY ABSENTEE AND MAIL BALLOT - GENERAL Election officials and election workers shall follow 13-1-116, 13-13-201, 13-13-204, 13-13-241, 13-13-602, and 13-15-107, MCA, and these rules in regard to voter identification and provisi…

44.3.2302 DEFINITIONS As used in this subchapter, unless the context clearly indicates otherwise, the following definitions apply: "Current address" means residence address or mailing address. For the purposes of this subchapter, an address is presumed to be current unless proved…

44.3.2303 ABSENTEE OR MAIL BALLOT ELECTOR IDENTIFICATION FORM An election official or election worker shall enclose with the materials sent to each provisionally registered elector instructions in the form prescribed by the Secretary of State notifying the elector of the requirem…