The bill revises existing laws regarding the retention of election records in Montana, introducing a comprehensive definition of "election record" that includes any paper, video, or electronic documentation related to elections. Key amendments to the Montana Code Annotated (MCA) include the insertion of "digital ballot image" into the definition of "ballot," and the requirement for the Secretary of State to maintain digital cast vote records. The bill mandates that all election-related records be retained for a period of 7 years, replacing the previous retention periods of 12 and 22 months, and specifies that digital records, including ballot images and cast vote records, must be kept in unopened packages for the same duration. Additionally, the bill establishes penalties for violations of these retention requirements, stating that A person who violates subsection (1) is guilty of a felony and on conviction shall be punished as provided by law. It also requires election administrators to develop a plan for the retention and destruction of election records in line with local government records committee schedules. The bill clarifies that exemptions for religious organizations should be interpreted broadly in accordance with the First Amendment of the U.S. Constitution. The proposed changes are set to take effect immediately upon enactment, reinforcing the commitment to enhancing the integrity and transparency of the electoral process in Montana.

Statutes affected:
Introduced: 13-1-101, 13-1-204, 13-1-303, 13-37-234