Montana Administrative Code

44.3.2304 PROCEDURES FOR ABSENTEE AND MAIL BALLOT VOTING - DETERMINING THE SUFFICIENCY OF IDENTIFICATION OF PROVISIONALLY REGISTERED ELECTORS After completion of the signature verification procedures in 13-13-241 or 13-19-309, MCA, as applicable, the election administrator shall …

44.3.2305 PROCEDURES FOR ABSENTEE AND MAIL BALLOT VOTING - PRINTING ERROR OR BALLOT DESTROYED - FAILURE TO RECEIVE BALLOT (REPEALED) Authorizing statute(s): 13-13-603, MCA Implementing statute(s): 13-13-204, 13-13-603, 13-15-107, 13-19-313, MCA History: NEW, 2004 MAR p. 93, Eff. …

44.3.2401 BALLOT FORM AND UNIFORMITY (REPEALED) Authorizing statute(s): 13-12-202, MCA Implementing statute(s): 13-12-202, 13-13-205, MCA History: NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2008 MAR p. 1329, Eff. 6/27/08; AMD, 2010 MAR p. 1417, …

44.3.2402 DETERMINING A VALID VOTE IN MANUALLY COUNTING AND RECOUNTING PAPER BALLOTS Before being counted, each questionable vote on a paper ballot set aside under 13-15-206, MCA, must be reviewed by the designated board. The board shall evaluate each questionable vote according …

44.3.2403 DETERMINING A VALID WRITE-IN VOTE IN MANUALLY COUNTING AND RECOUNTING PAPER BALLOTS Before being counted, each questionable write-in vote on a paper ballot set aside under 13-15-206, MCA, must be reviewed by the designated board. The designated board shall evaluate each…

44.3.2404 DETERMINING A VALID VOTE ON AN ELECTRONIC VOTING SYSTEM A vote on an electronic voting system consists of a voter's selection of a candidate or answer to a ballot question appearing on the voting surface of the device, followed by the voter activating the cast vote indi…

44.3.2405 DETERMINING A VALID VOTE ON A FEDERAL WRITE-IN ABSENTEE BALLOT A covered voter voting a federal write-in absentee ballot for a federal general election may designate a candidate by writing in the name of the candidate or by writing in the name of the political party for…

44.3.2406 APPLICABILITY TO ELECTIONS ALLOWING VOTES FOR MORE THAN ONE CANDIDATE FOR A POSITION The rules in this subchapter shall be applied consistently with necessary adjustments for elections in which electors may cast votes for more than one candidate for a position. Authoriz…

44.3.2407 METHOD OF CORRECTION OF BALLOT If an appointment has been made to replace a candidate, as provided in 13-10-326, 13-10-327, or 13-10-328, MCA, or if a candidate for lieutenant governor has been advanced to the candidacy for governor, as provided in 13-10-328, MCA, after…

44.3.2408 BALLOT FORM AND UNIFORMITY The Secretary of State's Office adopts and incorporates by reference the "Ballot Layout Guide" dated October 17, 2025, which county election administrators must follow to ensure uniformity of the ballot form for each type of ballot used in the…

44.3.2501 COVERED VOTERS The following rules shall be followed, consistent with the Montana Absent Uniformed Services and Overseas Voter Act, Title 13, chapter 21, MCA, in regard to covered voters: pursuant to 13-21-223, MCA, there is no limit on the earliest date that a covered …

44.3.2502 FACSIMILE MACHINE ACCESS (REPEALED) Authorizing statute(s): 13-21-104, MCA Implementing statute(s): 13-21-207, MCA History: NEW, 2004 MAR p. 93, Eff. 1/16/04; REP, 2013 MAR p. 1700, Eff. 1/1/14.

44.3.2503 HANDLING OF FACSIMILE BALLOTS (REPEALED) Authorizing statute(s): 13-21-104, MCA Implementing statute(s): 13-21-207, MCA History: NEW, 2004 MAR p. 93, Eff. 1/16/04; REP, 2013 MAR p. 1700, Eff. 1/1/14.

44.3.2504 BALLOT TRANSMISSION (REPEALED) Authorizing statute(s): 13-21-104, MCA Implementing statute(s): 13-21-207, MCA History: NEW, 2004 MAR p. 93, Eff. 1/16/04; REP, 2013 MAR p. 1700, Eff. 1/1/14.

44.3.2505 RECEIVING BALLOTS (REPEALED) Authorizing statute(s): 13-21-104, MCA Implementing statute(s): 13-21-207, MCA History: NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2012 MAR p. 760, Eff. 4/13/12; REP, 2013 MAR p. 1700, Eff. 1/1/14.

44.3.2506 BALLOT LOG (REPEALED) Authorizing statute(s): 13-21-104, MCA Implementing statute(s): 13-21-104, MCA History: NEW, 2006 MAR p. 2671, Eff. 10/27/06; REP, 2013 MAR p. 1700, Eff. 1/1/14.

44.3.2507 ELECTOR AFFIRMATION (REPEALED) Authorizing statute(s): 13-21-104, MCA Implementing statute(s): 13-21-104, MCA History: NEW, 2006 MAR p. 2671, Eff. 10/27/06; REP, 2013 MAR p. 1700, Eff. 1/1/14.

44.3.2508 BALLOT ACCEPTANCE (REPEALED) Authorizing statute(s): 13-21-104, MCA Implementing statute(s): 13-21-104, MCA History: NEW, 2006 MAR p. 2671, Eff. 10/27/06; REP, 2013 MAR p. 1700, Eff. 1/1/14.

44.3.2509 TRANSCRIPTION OF BALLOTS (REPEALED) Authorizing statute(s): 13-21-104, MCA Implementing statute(s): 13-21-104, MCA History: NEW, 2006 MAR p. 2671, Eff. 10/27/06; REP, 2013 MAR p. 1700, Eff. 1/1/14.

44.3.2510 ELECTION JUDGES AND BALLOT SECRECY (REPEALED) Authorizing statute(s): 13-21-104, MCA Implementing statute(s): 13-21-104, MCA History: NEW, 2006 MAR p. 2671, Eff. 10/27/06; REP, 2013 MAR p. 1700, Eff. 1/1/14.

44.3.2511 ELECTRONIC TRANSMISSION OF VOTING MATERIALS County election administrators shall allow covered voters to receive and transmit election materials electronically, as long as the security of transmission and identity of each elector is confirmed and facilities are availabl…

44.3.2601 ADMINISTRATIVE COMPLAINT PROCEDURES (REPEALED) Authorizing statute(s): 13-1-202, MCA, Public Law 107-252 Implementing statute(s): 13-1-202, MCA, Public Law 107-252 History: NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2006 MAR p. 2671, Eff. 10/27/06; REP, 2010 MAR p. 1545, E…

44.3.2701 INITIATION OF USE IN MULTICOUNTY DISTRICT (TRANSFERRED) Authorizing statute(s): 13-19-105, MCA Implementing statute(s): 13-19-201, MCA History: NEW, 1985 MAR p. 1020, Eff. 7/26/85; AMD and TRANS, to 44.3.2701, 2012 MAR p. 760, Eff. 4/13/12.

44.3.2702 PLAN SPECIFICATIONS The plan for the conduct of an election or elections held on the same election day must include: a statement indicating the type of jurisdiction involved including sufficient information to demonstrate that it is in fact one of the jurisdictions for …

44.3.2703 TIMETABLE SPECIFICATIONS The election administrator shall prepare a timetable for the conduct of the mail ballot election. The timetable shall be in data entry form. It may contain additional activities and may be arranged in a different chronological order but otherwis…

44.3.2704 PROPORTIONAL VOTING Some of the special districts authorized to conduct elections using the mail ballot procedure require votes to be cast and/or counted in proportion to property ownership or some factor other than one vote per person. When such is the case, the electi…

44.3.2707 VOTING BY NONREGISTERED ELIGIBLE ELECTORS Some elections authorized to use the mail ballot procedure do not require an otherwise qualified elector to be registered. Certain provisions must therefore be made to allow any such qualified electors to participate in that ele…

44.3.2710 DISPOSITION OF BALLOTS RETURNED AS UNDELIVERABLE The election administrator follows the procedures in 13-13-245 and 13-19-313, MCA, for mail ballots returned by the post office as undeliverable and files and securely retains said ballots. Whenever election administrator…

44.3.2711 PLACES OF DEPOSIT – ELECTION OFFICIAL DUTIES Election officials, as designated in 13-19-307, MCA, shall: be duly appointed as provided by 13-19-307, MCA; take and subscribe to the appropriate oath of office; serve for the duration of the conduct of that specific electio…

44.3.2714 PROCEDURES TO SECURE BALLOTS Ballots and related materials must be secure at all times, including during necessary transport times. The procedures to secure ballots and materials, including during necessary transport times, shall be substantially similar to procedures u…

44.3.2715 RECORDS OF BALLOTS RECEIVED The election administrator shall record in a log or in the statewide voter registration system maintained for that purpose the number and source of all ballots received at the processing center including: the number of ballots received daily …

44.3.2716 SIGNATURE VERIFICATION PROCEDURES For the purpose of school district elections conducted by the school district clerk (election administrator) signature verification shall be conducted by the county election administrator. This is accomplished as follows: arrangements s…

44.3.2720 TRANSMITTAL ENVELOPE The transmittal envelope shall be in substantially the same form as prescribed by the secretary of state. Authorizing statute(s): 13-1-202, 13-19-105, MCA Implementing statute(s): 13-19-105, MCA History: NEW, 1985 MAR p. 1020, Eff. 7/26/85; AMD, 199…

44.3.2721 SIGNATURE ENVELOPE The signature envelope is used by the elector to mail or return the voted ballot to the proper election administrator and it shall be in substantially the same form as prescribed by the secretary of state. Authorizing statute(s): 13-1-202, 13-19-105, …

44.3.2722 SECRECY ENVELOPE The ballot secrecy envelope shall be of a size to fit within the signature envelope and shall be in substantially the same form as prescribed by the secretary of state. The words "BALLOT SECRECY ENVELOPE" should be printed on the face. The envelope used…

44.3.2723 INSTRUCTIONS TO ELECTORS Instructions, as approved by the secretary of state pursuant to 13-19-205, MCA, shall be included with the ballot, the secrecy envelope, and the signature envelope as part of the packet mailed to the elector. The instructions shall detail the me…

44.3.2801 REGISTRATION OF EMPLOYERS OF PAID SIGNATURE GATHERERS A person who employs a paid signature gatherer shall submit a complete registration form to the Secretary of State's Office prior to collecting signatures on a ballot issue. The registration form is available at sosm…

44.3.2802 PAID SIGNATURE GATHERERS BADGE REQUIREMENTS When a paid signature gatherer, as defined in 13-27-112, MCA, approaches anyone about signing a petition, they must wear a badge. Format and Size of Badge: The badge must be at least four inches by three inches in size. The wo…

44.3.2901 DEFINITIONS As used in this subchapter, unless the context clearly indicates otherwise, the following definitions apply: "Election security" means the process of implementing and maintaining protective measures that preserve the confidentiality, integrity, and availabil…

44.3.2902 ANNUAL SECURITY ASSESSMENTS Election security practices performed at county election offices shall be annually assessed based on controls derived from one of the following frameworks that detail security best practices for mitigating security risks to an organization: t…

44.3.2903 ANNUAL SECURITY AWARENESS TRAINING All county and state elections staff shall complete security awareness training at least once per year. The security awareness training will be provided by the Secretary of State. The Secretary of State may approve equivalent security …

44.3.2904 PHYSICAL SECURITY Any type of component that is used within a voting system as defined in 13-1-101, MCA, shall be physically secured using tamperproof seals and access control to prevent unauthorizedtampering or use. County election administrators shall maintain an inve…

44.3.2905 OTHER ELECTION SECURITY REQUIREMENTS Any type of component that is used within a voting system as defined in 13-1-101, MCA, shall not be connected to a computer network at any time. Workstations, desktops, laptops, or other computing devices used by county election depa…

44.4.101 INTRODUCTION (REPEALED) Authorizing statute(s): Sec. 2-2-132(3), MCA Implementing statute(s): Sec. 2-2-132(1), (2), MCA History: NEW, 1981 MAR p. 1936, Eff. 1/1/82; REP, 1982 MAR p. 2029, Eff. 11/11/82.

44.4.102 ROLE OF THE SECRETARY OF STATE (REPEALED) Authorizing statute(s): Sec. 2-2-132(3), MCA Implementing statute(s): Sec. 2-2-132(1), (2), MCA History: NEW, 1981 MAR p. 1936, Eff. 1/1/82; REP, 1982 MAR p. 2029, Eff. 11/11/82.

44.4.201 ETHICS COMMISSION ESTABLISHED (REPEALED) Authorizing statute(s): Sec. 2-2-132(3), MCA Implementing statute(s): Sec. 2-2-132(1), (2), MCA History: NEW, 1981 MAR p. 1936, Eff. 1/1/82; REP, 1982 MAR p. 2029, Eff. 11/11/82.

44.4.202 PURPOSE (REPEALED) Authorizing statute(s): Sec. 2-2-132(3), MCA Implementing statute(s): Sec. 2-2-132(1), (2), MCA History: NEW, 1981 MAR p. 1936, Eff. 1/1/82; REP, 1982 MAR p. 2029, Eff. 11/11/82.

44.4.203 TERMS OF MEMBERS (REPEALED) Authorizing statute(s): Sec. 2-2-132(3), MCA Implementing statute(s): Sec. 2-2-132(1), (2), MCA History: NEW, 1981 MAR p. 1936, Eff. 1/1/82; REP, 1982 MAR p. 2029, Eff. 11/11/82.

44.4.204 VACANCIES (REPEALED) Authorizing statute(s): Sec. 2-2-132(3), MCA Implementing statute(s): Sec. 2-2-132(1), (2), MCA History: NEW, 1981 MAR p. 1936, Eff. 1/1/82; REP, 1982 MAR p. 2029, Eff. 11/11/82.

44.4.205 QUALIFICATIONS OF MEMBERS (REPEALED) Authorizing statute(s): Sec. 2-2-132(3), MCA Implementing statute(s): Sec. 2-2-132(1), (2), MCA History: NEW, 1981 MAR p. 1936, Eff. 1/1/82; REP, 1982 MAR p. 2029, Eff. 11/11/82.