67th Legislature HB 455.1
1 HOUSE BILL NO. 455
2 INTRODUCED BY L. SHELDON-GALLOWAY
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING ELECTION LAWS; ELIMINATING THE
5 OPTION TO REGISTER TO RECEIVE ABSENTEE BALLOTS AT SUBSEQUENT ELECTIONS; REQUIRING
6 THAT ABSENTEE BALLOTS BE PROVIDED ONLY TO ELECTORS AT THEIR COUNTY RESIDENTIAL
7 ADDRESS; ELIMINATING IN-PERSON ABSENTEE VOTING; REVISING THE TIME WHEN ABSENTEE
8 BALLOTS MUST BE RECEIVED ON ELECTION DAY; REVISING WHEN BALLOTS MUST BE RECEIVED IN
9 A MAIL BALLOT ELECTION; REVISING THE TIME WHEN FEDERAL WRITE-IN ABSENTEE BALLOTS AND
10 MILITARY-OVERSEAS BALLOTS MUST BE RECEIVED; AMENDING SECTIONS 13-1-210, 13-2-220, 13-3-
11 213, 13-12-102, 13-13-201, 13-13-204, 13-13-211, 13-13-212, 13-13-213, 13-13-232, 13-13-233, 13-13-245,
12 13-13-246, 13-15-201, 13-19-106, 13-21-206, AND 13-21-226, MCA; AND REPEALING SECTIONS 13-13-222
13 AND 13-21-223, MCA.”
14
15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
16
17 Section 1. Section 13-1-210, MCA, is amended to read:
18 "13-1-210. Standard application form for voter registration and absentee ballot requests. (1)
19 The secretary of state shall establish by rule a standard application form, to be used by each election
20 administrator, that allows an individual to apply for voter registration and to request to be added to the an
21 absentee ballot list in order to receive ballots for subsequent elections.
22 (2) Pursuant to13-13-212(3), theThe absentee ballot application portion of the standard form must
23 include substantially the following language and option:
24 [] Optional: I request an absentee ballot to be mailed to me for as long as I reside at the address listed
25 for each subsequent election in which I am eligible to vote.
26 I understand that in order to continue to receive an absentee ballot, I must complete, sign, and return a
27 confirmation form that will be mailed to me in January of every even-numbered year at my county residential
28 address that I used to register."
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1
2 Section 2. Section 13-2-220, MCA, is amended to read:
3 "13-2-220. Maintenance of active and inactive voter registration lists for elections -- rules by
4 secretary of state. (1) The rules adopted by the secretary of state under 13-2-108 must include the following
5 procedures, at least one of which an election administrator shall follow in every odd-numbered year:
6 (a) compare the entire list of registered electors against the national change of address files and
7 provide appropriate confirmation notice to those individuals whose addresses have apparently changed;
8 (b) mail a nonforwardable, first-class, "return if undeliverable--address correction requested" notice to
9 all registered electors of each jurisdiction to confirm their addresses and provide the appropriate confirmation
10 notice to those individuals who return the notices;
11 (c) mail a targeted mailing to electors who failed to vote in the preceding federal general election,
12 applicants who failed to provide required information on registration forms, and provisionally registered electors
13 by:
14 (i) sending the list of nonvoters a nonforwardable notice, followed by the appropriate forwardable
15 confirmation notice to those electors who appear to have moved from their addresses of record;
16 (ii) comparing the list of nonvoters against the national change of address files, followed by the
17 appropriate confirmation notices to those electors who appear to have moved from their addresses of record;
18 (iii) sending forwardable confirmation notices; or
19 (iv) making a door-to-door canvass.
20 (2) An individual who submits an application for an absentee ballot for a federal general election or
21 who completes and returns the address confirmation notice specified in 13-13-212(4) during the calendar year
22 in which a federal general election is held is not subject to the procedure in subsection (1)(c) unless the
23 individual's ballot for a federal general election is returned as undeliverable and the election administrator is not
24 able to contact the elector through the most expedient means available to resolve the issue.
25 (3)(2) Any notices returned as undeliverable to the election administrator or any notices to which the
26 elector fails to respond after the election administrator uses the procedures provided in subsection (1) must be
27 followed within 30 days by an appropriate confirmation notice that is a forwardable, first-class, postage-paid,
28 self-addressed, return notice. If the elector fails to respond within 30 days of the final confirmation notice, after
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1 the 30th day, the election administrator shall move the elector to the inactive list.
2 (4)(3) A procedure used by an election administrator pursuant to this section must be completed at
3 least 90 days before a primary or general election for federal office.
4 (5)(4) An elector's registration may be reactivated pursuant to 13-2-222 or may be canceled pursuant
5 to 13-2-402."
6
7 Section 3. Section 13-3-213, MCA, is amended to read:
8 "13-3-213. Alternative means for casting ballot. (1) The election administrator shall provide
9 individuals with disabilities and elderly individuals an alternative means for casting a ballot on election day if
10 they are assigned to an inaccessible polling place. These alternative means for casting a ballot include:
11 (a) delivery of a ballot to the elector as provided in 13-13-118;
12 (b) voting by absentee ballot in person at a designated voting station at the county election
13 administrator's office; and
14 (c)(b) prearranged assignment to an accessible polling place within the county.
15 (2) An elector with a disability or an elderly elector assigned to an inaccessible polling place who
16 desires to vote at an accessible polling place:
17 (a) shall request assignment to an accessible polling place by notifying the election administrator in
18 writing at least 7 days preceding the election;
19 (b) must be assigned to the nearest accessible polling place for the purpose of voting in the election;
20 (c) shall sign the elector's name on a special addendum to the official precinct register as required in
21 subsection (4); and
22 (d) must receive the same ballot to which the elector is otherwise entitled.
23 (3) For the purpose of subsection (2), the ballot cast at an alternative polling place must be processed
24 and counted in the same manner as an absentee ballot.
25 (4) The name of an elector who has been assigned to vote in a precinct other than the precinct in
26 which the person is registered, as provided in subsection (2), must be printed on a special addendum to the
27 precinct register in a form prescribed by the secretary of state."
28
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1 Section 4. Section 13-12-102, MCA, is amended to read:
2 "13-12-102. Items to be furnished by election administrators. The election administrators shall
3 deliver to each polling place or to the chief election judge for a polling place all supplies necessary to conduct
4 the election at that polling place. If the blank ballots for the polling place are delivered before noon of the day
5 before the election, the election administrator shall retain sufficient ballots to supply electors requesting
6 absentee ballots. The election administrator shall write in the pollbook for that polling place, after the numbers
7 of the ballots retained, "reserved for absentee ballots"."
8
9 Section 5. Section 13-13-201, MCA, is amended to read:
10 "13-13-201. Voting by absentee ballot -- procedures. (1) A legally registered elector or provisionally
11 registered elector is entitled to vote by absentee ballot as provided for in this part.
12 (2) The elector may vote absentee by:
13 (a) marking the ballot in the manner specified;
14 (b) placing the marked ballot in the secrecy envelope, free of any identifying marks;
15 (c) placing the secrecy envelope containing one ballot for each election being held in the signature
16 envelope;
17 (d) executing the affirmation printed on the signature envelope; and
18 (e) returning the signature envelope with all appropriate enclosures by regular mail, postage paid, or
19 by delivering it to:
20 (i) the election office;
21 (ii) a polling place within the elector's county;
22 (iii) pursuant to 13-13-229, the absentee election board or an authorized election official; or
23 (iv) in a mail ballot election held pursuant to Title 13, chapter 19, a designated place of deposit within
24 the elector's county.
25 (3) Except as provided in 13-21-206 and 13-21-226, in order for the ballot to be counted, each elector
26 shall return it in a manner that ensures the ballot is received prior to 8 p.m. 6 p.m. on election day.
27 (4) A provisionally registered elector may also enclose in the outer signature envelope a copy of the
28 elector's photo identification showing the elector's name. The photo identification may be but is not limited to a
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1 valid driver's license, a school district or postsecondary education photo identification, or a tribal photo
2 identification. If the provisionally registered elector does not enclose a photo identification, the elector may
3 enclose a copy of a current utility bill, bank statement, paycheck, notice of confirmation of voter registration
4 issued pursuant to 13-2-207, government check, or other government document that shows the elector's name
5 and current address."
6
7 Section 6. Section 13-13-204, MCA, is amended to read:
8 "13-13-204. Authority to vote in person -- printing error or ballot destroyed -- replacement
9 ballot -- effect of absentee elector's death. (1) (a) If an elector has received but not voted an absentee ballot
10 and the absentee ballot contains printing errors or omissions, the elector may receive a replacement or
11 corrected ballot.
12 (b) The death of a candidate after the printing of the ballot constitutes a printing error or omission on
13 the ballot.
14 (2) An elector may:
15 (a) request a replacement ballot from the election administrator pursuant to subsection (1) or if the
16 original ballot is destroyed, spoiled, lost, or not received by the elector; or
17 (b) appear at the appropriate polling place on election day and vote in person after being issued a
18 provisional ballot.
19 (3) A request for a replacement ballot submitted to the election administrator must be made on a form
20 prescribed by the secretary of state and must be made in person, by regular or electronic mail, or by facsimile
21 no later than 8 p.m. on 7 days before election day.
22 (4) Upon receiving a request for a replacement ballot pursuant to subsection (3), the election
23 administrator shall mark the original issued ballot as void in the statewide voter registration system and issue a
24 replacement regular ballot to the elector.
25 (5) A replacement ballot may also be issued pursuant to 13-13-245.
26 (6) If an elector votes by absentee ballot and the ballot has been mailed to or received by the election
27 administrator but the elector dies between the time of balloting and election day, the deceased elector's ballot
28 must be counted."
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1
2 Section 7. Section 13-13-211, MCA, is amended to read:
3 "13-13-211. Time period for application. (1) Except as provided in 13-13-222, 13-21-223, and
4 subsection (2) of this section, an application for an absentee ballot must be made any time during the current
5 election year before noon on the seventh day before the election.
6 (2) A qualified elector who is prevented from voting at the polls as a result of illness or health
7 emergency occurring between 5 p.m. of the Friday preceding the election and before the close of polls 6 p.m.
8 on election day may request to vote by absentee ballot as provided in 13-13-212(2).
9 (3) An absentee ballot cast pursuant to subsection (2) must be received prior to 8 p.m. 6 p.m. on
10 election day pursuant to 13-13-201."
11
12 Section 8. Section 13-13-212, MCA, is amended to read:
13 "13-13-212. Application for absentee ballot -- special provisions -- absentee ballot list for
14 subsequent elections. (1) (a) Except as provided in subsection (1)(b), an elector may apply for an absentee
15 ballot by using a standard application form provided by rule by the secretary of state pursuant to 13-1-210 or by
16 making a written request, which must include the applicant's birth date and must be signed by the applicant.
17 The request must be submitted to the election administrator of the applicant's county of residence within the
18 time period specified in 13-13-211. The elector shall apply in person at the local election office and submit to
19 the election administrator a valid photo identification, birth date, and county address.
20 (b) A person who holds a power of attorney from a uniformed-service voter may apply for an absentee
21 ballot for that election on behalf of the uniformed-service voter. The applicant shall provide a copy of the power
22 of attorney authorizing the request for an absentee ballot along with the application.
23 (2) (a) If an elector requests an absentee ballot because of a sudden illness or health emergency, the
24 application for an absentee ballot may be made by written request signed by the elector at the time that the
25 ballot is delivered in person by the absentee election board or by an authorized election official as provided in
26 13-13-225.
27 (b) The elector may request by telephone, facsimile transmission, or other means to have a ballot and
28 application personally delivered by the absentee election board or by an authorized election official at the
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1 elector's place of confinement, hospitalization, or residence within the county.
2 (c) A request under subsection (2)(a) must be received by the election administrator within the time
3 period specified in 13-13-211(2).
4 (3) An elector may at any time request to be mailed an absentee ballot for each subsequent election
5 in which the elector is eligible to vote as long as the elector remains qualified to vote and resides at the address
6 provided in the initial application. The request may be made when the individual applies for voter registration
7 using the standard application form provided for in 13-1-210.
8 (4) (a) An elector who has requested to be on the absentee ballot list and who has not filed a change
9 of address with the U.S. postal service must continue to receive an absentee ballot for each subsequent
10 election.
11 (b) (i) The election administrator shall biennially mail a forwardable address confirmation form to
12 each elector who is listed in the national change of address system of the U.S. postal service as having
13 changed the elector's address.
14 (ii) The address confirmation form must request the elector's driver's license number or the last four
15 digits of the elector's social security number. The address confirmation form must include an e-mail address for
16 the election administrator that can be used by the elector to confirm that the elector wishes to continue to
17 receive an absentee ballot and to provide the requested information. The address confirmation form must be
18 mailed in January of every even-numbered year. The address confirmation form is for elections to be held
19 between February 1 followi