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68th Legislature 2023 SB 498.1
1 SENATE BILL NO. 498
2 INTRODUCED BY S. MORIGEAU, C. GLIMM, T. MANZELLA, J. ELLSWORTH, T. RUNNING WOLF, P.
3 FLOWERS, B. PHALEN, S. GALLOWAY, E. STAFMAN
4 BY REQUEST OF THE (S) JOINT SELECT COMMITTEE ON ELECTION SECURITY
5
6 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS RELATED TO ABSENTEE BALLOTS;
7 REQUIRING ABSENTEE BALLOT LISTS TO BE INCLUDED IN ANNUAL VOTER REGISTRATION LIST
8 MAINTENANCE; REQUIRING ADDRESS VERIFICATION FOR AN ELECTOR WHEN AN ABSENTEE
9 BALLOT IS RETURNED AS UNDELIVERABLE; REQUIRING AN ELECTOR TO BE MOVED TO THE
10 INACTIVE LIST IF THE ADDRESS THE ELECTOR PROVIDED CANNOT BE VERIFIED; AMENDING
11 SECTIONS 13-2-220 AND 13-19-313, MCA; AND PROVIDING AN EFFECTIVE DATE.”
12
13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
14
15 Section 1. Section 13-2-220, MCA, is amended to read:
16 "13-2-220. Maintenance of active and inactive voter registration lists for elections -- rules by
17 secretary of state. (1) The rules adopted by the secretary of state under 13-2-108 must include the following
18 procedures, at least one of which an election administrator shall follow annually:
19 (a) compare the entire list of registered electors, including electors on the absentee ballot list,
20 against the national change of address files and provide appropriate confirmation notice to those individuals
21 whose addresses have apparently changed;
22 (b) mail a nonforwardable, first-class, "return if undeliverable--address correction requested" notice
23 to all registered electors, including electors on the absentee ballot list, of each jurisdiction to confirm their
24 addresses and provide the appropriate confirmation notice to those individuals who return the notices;
25 (c) mail a targeted mailing to electors, including electors on the absentee ballot list, who failed to
26 vote in the preceding federal general election, applicants who failed to provide required information on
27 registration forms, and provisionally registered electors by:
28 (i) sending the list of nonvoters a nonforwardable notice, followed by the appropriate forwardable
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68th Legislature 2023 SB 498.1
1 confirmation notice to those electors who appear to have moved from their addresses of record;
2 (ii) comparing the list of nonvoters against the national change of address files, followed by the
3 appropriate confirmation notices to those electors who appear to have moved from their addresses of record;
4 (iii) sending forwardable confirmation notices; or
5 (iv) making a door-to-door canvass.
6 (2) An individual who submits an application for an absentee ballot for a federal general election or
7 who completes and returns the address confirmation notice specified in 13-13-212(4) during the calendar year
8 in which a federal general election is held is not subject to the procedure in subsection (1)(c) unless the
9 individual's ballot for a federal general election is returned as undeliverable and the election administrator is not
10 able to contact the elector through the most expedient means available to resolve the issue.
11 (3)(2) (a) Any notices returned as undeliverable to the election administrator or any notices to which
12 the elector fails to respond after the election administrator uses the procedures provided in subsection (1) must
13 be followed within 30 days by an appropriate confirmation notice that is a forwardable, first-class, postage-paid,
14 self-addressed, return notice.
15 (b) If the elector fails to respond within 30 days of the final confirmation notice, after the 30th day,
16 the election administrator shall move the elector to the inactive list and work with the secretary of state's office
17 and the motor vehicle division in the department of justice to verify the elector's address.
18 (c) If the election administrator is not able to verify the elector's address, the elector must be
19 placed on the inactive list until they appear in person at the election office in their county to provide proof of
20 address.
21 (4)(3) A procedure used by an election administrator pursuant to this section must be completed at
22 least 90 days before a primary or general election for federal office.
23 (5)(4) An elector's registration may be reactivated pursuant to 13-2-222 or may be cancelled pursuant
24 to 13-2-402."
25
26 Section 2. Section 13-19-313, MCA, is amended to read:
27 "13-19-313. Notice to elector -- opportunity to resolve questions. Notice to the elector and the
28 opportunity to resolve questions must be as provided in 13-13-245, except as follows:
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68th Legislature 2023 SB 498.1
1 (1) If a mail ballot is returned as undeliverable, the election administrator shall attempt to contact
2 the elector by the most expedient means available to determine the reason for the return and mail a
3 confirmation notice if the elector cannot be contacted otherwise. The notice must be sent by forwardable, first-
4 class mail with a postage-paid, return-addressed notice.
5 (2) If the confirmation notice is returned to the election administrator, the election administrator
6 shall place the elector on the inactive list provided for in 13-2-220 until the elector becomes a qualified elector.
7 In order to become a qualified voter, an elector shall appear in person at the election office in their county to
8 provide proof of address."
9
10 NEW SECTION. Section 3. Effective date. [This act] is effective July 1, 2023.
11 - END -
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Statutes affected:
SB0498_1.pdf: 13-2-220, 13-19-313
SB0498_2.pdf: 13-2-220, 13-19-313
SB0498_X.pdf: 13-2-220, 13-19-313
Amended: 13-2-220, 13-19-313
Introduced: 13-2-220, 13-19-313