Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                                SB 484.1
                                                  SENATE BILL NO. 484
                                            INTRODUCED BY T. MANZELLA
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  A BILL FOR AN ACT ENTITLED: “AN ACT AMENDING PRIMARY ELECTION PROCEDURES; REQUIRING
  AN ELECTOR TO DECLARE A POLITICAL PARTY AFFILIATION OR THAT THE ELECTOR IS
  UNAFFILIATED; SPECIFYING HOW AND WHEN A REGISTERED ELECTOR MAY DECLARE AND REVISE
  A POLITICAL PARTY AFFILIATION; PROHIBITING AN UNAFFILIATED ELECTOR FROM RECEIVING A
  PARTY BALLOT IN A PRIMARY ELECTION; REVISING HOW POLITICAL PARTIES ARE DETERMINED TO
  BE ELIGIBLE TO HOLD A PRIMARY ELECTION; REQUIRING THE SECRETARY OF STATE TO REVISE
  AND CREATE CERTAIN FORMS; AMENDING SECTIONS 13-1-210, 13-2-110, 13-2-115, 13-2-116, 13-2-122,
  13-2-207, 13-2-220, 13-2-222, 13-10-209, 13-10-301, 13-10-305, 13-10-601, 13-13-214, 13-17-103, 13-19-205,
  AND 13-37-121, MCA; REPEALING SECTIONS 13-10-605, 13-10-606, 13-10-607, 13-10-608, 13-10-609, 13-
  10-611, 13-10-612, 13-37-601, 13-37-602, 13-37-603, 13-37-604, 13-37-605, 13-37-606, AND 13-37-607,
  MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE.”
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          WHEREAS, free and fair elections untainted by fraud of any kind are absolutely necessary to the
  maintenance of our Republic; and
          WHEREAS, the principle that each citizen is entitled to have the citizen's voice heard by way of a vote
  was and is an essential component of our Republic; and
          WHEREAS, the Constitution of the United States and the State of Montana guarantee the right of free
  and fair elections to our citizens; and
          WHEREAS, the Constitution of the United States recognizes that the administration of elections is the
  responsibility of each state legislature; and
          WHEREAS, strategic voting in the primary election of a party other than one's own does not serve the
  public interest since this behavior allows other parties to influence a private party primary election; and
          WHEREAS, we as citizens of the United States and Montana recognize the need to rectify the
  deficiencies of our current election systems.
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68th Legislature 2023                                                                                                     SB 484.1
  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          NEW SECTION. Section 1.           Party affiliation declaration -- form -- identification -- deadline --
  penalty. (1) (a) An elector shall declare a political party affiliation prior to voting in a primary election held
  pursuant to chapter 10 of this title. An election administrator may accept a party affiliation form at any time. If an
  elector's initial selection form is filed less than 6 weeks before a primary election, the declaration is not effective
  until the next primary election.
          (b)      After the elector's initial party affiliation selection, that elector's party affiliation selection
  remains the same unless changed by the elector. When an elector requests a party affiliation selection change,
  the charge will not be effective until after the next primary election.
          (c)      An elector who does not select a party affiliation must be designated as unaffiliated.
          (2)      An elector may not declare an affiliation with a party not recognized by the state as provided in
  13-10-601.
          (3)      The secretary of state shall prescribe a party affiliation form that must include:
          (a)      an option for a registered elector to change the elector's current party affiliation;
          (b)      the name and signature of the elector;
          (c)      the elector's party affiliation selection from a list of parties currently recognized by the state as
  provided in 13-10-601;
          (d)      the date the form is submitted; and
          (e)      the number of the elector's valid Montana driver's license or valid Montana state identification
  card number issued pursuant to 61-12-501.
          (4)      (a) The elector shall submit the completed party affiliation form in person to the election
  administrator in the county in which the elector resides along with the physical copy of the valid Montana photo
  identification required by subsection (3)(e) and proof of citizenship using one of the documents listed in
  subsection (4)(b). The election administrator may not accept the party affiliation form if the elector does not
  provide the valid Montana photo identification and proof of citizenship. The election administrator shall verify
  that the correct identification number has been entered on the form.
          (b)      The only valid forms of proof of citizenship for the purposes of declaring a party affiliation are:
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68th Legislature 2023                                                                                                  SB 484.1
          (i)      a birth certificate issued by a state or territory of the United States;
          (ii)     an unexpired United States passport that indicates citizenship. An unexpired United States
  passport that lists a status as a United States national is not valid for the purposes of this section.
          (iii)    an unexpired United States citizen identification card; or
          (iv)     a valid, unexpired certificate of naturalization as a United States citizen.
          (c)      Authorized presence in the United States or status as a United States national are not sufficient
  to provide citizenship for the purposes of declaring party affiliation as provided in this section.
          (5)      An elector registered before [the effective date of this act] must be considered to be registered
  as unaffiliated until the elector files a party affiliation form indicating the elector's affiliation has changed.
          (6)      An individual commits the offense of falsification of party affiliation if the individual submits false
  information about the individual's party affiliation or assists another individual in an attempt to falsify information
  required by this section. A person convicted of falsification of party affiliation shall be punished by a term of
  incarceration of not less than 2 years or more than 6 years in a state correctional institution or a fine of not less
  than $10,000 or more than $20,000.
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          Section 2. Section 13-1-210, MCA, is amended to read:
          "13-1-210.     Standard application form for voter registration and absentee ballot requests. (1)
  The secretary of state shall establish by rule a standard application form, to be used by each election
  administrator, that allows an individual to apply for voter registration and to request to be added to the absentee
  ballot list in order to receive ballots for subsequent elections.
          (2)      Pursuant to 13-13-212(3), the absentee ballot application portion of the standard form must
  include substantially the following language and option:
          []       Optional: I request an absentee ballot to be mailed to me for as long as I reside at the address
  listed for each subsequent election in which I am eligible to vote.
          I understand that in order to continue to receive an absentee ballot, I must complete, sign, and return a
  confirmation form that will be mailed to me in January of every even-numbered year.
          (3)      The standard application for voter registration must indicate that the applicant may declare a
  party affiliation using the form prescribed by the secretary of state as required in [section 1(3)] and after
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68th Legislature 2023                                                                                               SB 484.1
  following the identification verification procedures in [section 1(4)]. The standard form for voter registration must
  state that if an applicant does not declare a party affiliation, the applicant will be considered unaffiliated and
  may not vote in party primaries. As provided in [section 1(4)], the elector shall submit the form in person to the
  election administrator's office in the county in which the elector is registered along with the documents required
  to prove identity and citizenship as required in [section 1(3) and (4)."
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          Section 3. Section 13-2-110, MCA, is amended to read:
          "13-2-110.    Application for voter registration -- sufficiency and verification of information --
  identifiers assigned for voting purposes. (1) An individual may apply for voter registration in person or by
  mail, postage paid, by completing and signing the standard application form for voter registration provided for in
  13-1-210 and providing the application to the election administrator in the county in which the elector resides.
          (2)      Each application for voter registration must be accepted and processed as provided in rules
  adopted under 13-2-109.
          (3)      Except as provided in subsection (4), an applicant for voter registration shall provide the
  applicant's:
          (a)      Montana driver's license number;
          (b)      Montana state identification card number issued pursuant to 61-12-501; or
          (c)      the last four digits of the applicant's social security number.
          (4)      (a) If an applicant is unable to provide information in accordance with subsection (3), the
  applicant shall provide as an alternative form of identification:
          (i)      a military identification card, a tribal photo identification card, a United States passport, or a
  Montana concealed carry permit; or
          (ii)     (A) any other form of photo identification, including but not limited to a school district or
  postsecondary education photo identification with the individual's name; and
          (B)      a current utility bill, bank statement, paycheck, government check, or other government
  document that shows the individual's name and current address.
          (b)      The alternative form of identification must be:
          (i)      an original version presented to the election administrator if the applicant is applying in person;
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68th Legislature 2023                                                                                                    SB 484.1
  or
           (ii)     a readable copy of any of the required documents, which must be enclosed with the
  application, if the applicant is applying by mail.
           (5)      (a) If information provided on an application for voter registration is sufficient to be accepted
  and processed and is verified pursuant to rules adopted under 13-2-109, the election administrator shall
  register the elector as a legally registered elector.
           (b)      If information provided on an application for voter registration was sufficient to be accepted but
  the applicant failed to provide the information required in subsection (3) or (4) or if the information provided was
  incorrect or insufficient to verify the individual's identity or eligibility to vote, the election administrator shall
  register the applicant as a provisionally registered elector.
           (6)      Each applicant for voter registration must be notified of the elector's registration status pursuant
  to rules adopted under 13-2-109. The notification must include the elector's party affiliation, if any, information
  on how the elector can declare a party affiliation, and notice of the deadline in [section 1(1)] for completing a
  party affiliation selection.
           (7)      The secretary of state shall assign to each elector whose application was accepted a unique
  identification number for voting purposes and shall establish a statewide uniform method to allow the secretary
  of state and local election officials to distinguish legally registered electors from provisionally registered
  electors.
           (8)      The provisions of this section may not be interpreted to conflict with voter registration
  accomplished under 13-2-221, 13-21-221, and 61-5-107 and as provided for in federal law."
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           Section 4. Section 13-2-115, MCA, is amended to read:
           "13-2-115.    Certification of statewide voter registration list -- local lists to be prepared. (1) No
  later than 5 working days after the deadline prescribed in 13-2-301(3), election administrators shall enter all
  voter registration applications that were submitted within the deadline for regular registration into the statewide
  voter registration system.
           (2)      The secretary of state shall certify the official statewide voter registration list by utilizing the
  information in the statewide voter registration system.
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68th Legislature 2023                                                                                               SB 484.1
             (3)    Each election administrator shall have printed from the certified statewide voter registration
  system lists of all registered electors in each precinct in the county. Except as provided in subsections (6) and
  (7), names the name of electors each elector must be listed alphabetically, with their the elector's party
  affiliation or unaffiliated status and the elector's residence address or with a mailing address if located where
  street numbers are not used.
             (4)    A copy of the list of registered electors in a precinct must be displayed at the precinct's polling
  place. Extra copies of the lists must be retained by the election administrator and furnished to an elector upon
  request.
             (5)    Lists of registered electors need not be printed if the election will not be held.
             (6)    If a law enforcement officer or reserve officer, as defined in 7-32-201, requests in writing that,
  for security reasons, the officer's and the officer's spouse's residential address, if the same as the officer's, not
  be disclosed, the secretary of state or an election administrator may not include the address on any generally
  available list of registered electors but may list only the electors' names.
             (7)    (a) Upon the request of an individual, the secretary of state or an election administrator may not
  include the individual's residential address on any generally available list of registered electors but may list only
  the elector's name if the individual:
             (i)    proves to the election administrator, as provided in subsection (7)(b), that the individual, or a
  minor in the custody of the individual, has been the victim of partner or family member assault, stalking,
  custodial interference, or other offense involving bodily harm or threat of bodily harm to the individual or minor;
  or
             (ii)   proves to the election administrator, as provided in subsection (7)(c), that a temporary
  restraining order or injunction has been issued by a judge or magistrate to restrain another person's access to
  the individual or minor.
             (b)    Proof of the victimization is conclusive upon exhibition to the election administrator of a criminal
  judgment, information and judgment, or affidavit of a county attorney clearly indicating the conviction and the
  identity of the victim.
             (c)    Proof of the issuance of a temporary restraining order or injunction is conclusive upon
  exhibition to the election administrator of the temporary restraining order or injunction."
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68th Legislature 2023                                                                                                SB 484.1
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          Section 5. Section 13-2-116, MCA, is amended to read:
          "13-2-116.    Precinct register. (1) Except for mail ballot elections conducted under Title 13, chapter
  19, the election administrator shall prepare from the certified statewide voter registration list a precinct register
  for each precinct in the county for use by the election judges. The register may be prepared no sooner than the
  Friday before each election and must contain an alphabetical list of the names, with party affiliation or
  unaffiliated status and the addresses, of the legally registered electors and or provisionally registered electors,
  a space spaces for the signature signatures of the elector electors, and other information as prescribed by the
  secretary of state.
          (2)      If some of the electors in a precinct are not eligible to receive all ballots at an election because
  of a combination of the elections of more than one political subdivision or because the electors are not eligible
  to receive a party ballot pursuant to [section 1] and 13-10-301, the election administrator shall distinguish the
  names of those eligible for each ballot by whatever method will be clear and efficient.
          (3)      When several precincts have been combined at one polling place for an election, the election
  administrator may combine the electors from all precincts into one register or may pr