Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                            SB 189.1
                                                SENATE BILL NO. 189
                                          INTRODUCED BY T. MANZELLA
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  A BILL FOR AN ACT ENTITLED: “AN ACT REQUIRING A SUPERMAJORITY VOTE OF THE MEMBERS OF
  EACH HOUSE OF THE LEGISLATURE TO CONDUCT CERTAIN ELECTIONS BY MAIL BALLOT; ADDING
  SPECIAL CITY ELECTIONS TO THE LIST OF ELECTIONS THAT MAY NOT BE CONDUCTED BY MAIL
  BALLOT WITHOUT AUTHORIZATION FROM THE LEGISLATURE; AND AMENDING SECTION 13-19-104,
  MCA.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          Section 1. Section 13-19-104, MCA, is amended to read:
          "13-19-104. Mail ballot elections not mandatory -- when authorized -- when prohibited -- when
  county election administrator conducts. (1) Conducting elections by mail ballot is only one option available
  to local officials, and this chapter does not mandate that the procedure be used.
          (2)      Except as provided in subsection (3), any election may be conducted by mail ballot.
          (3)      The following elections may not be conducted by mail ballot:
          (a)      a regularly scheduled federal, state, or county election;
          (b)      a special federal, or state, or city election, unless authorized by three-quarters of the members
  of each house of the legislature; or
          (c)      a regularly scheduled or special election when another election in the political subdivision is
  taking place at the polls on the same day.
          (4)      (a) Except as provided in subsection (4)(b), if more than one mail ballot election is being
  conducted in the political subdivision on the same day, the county election administrator shall conduct the
  elections.
          (b)      The requirement that a county election administrator shall conduct more than one mail ballot
  election on the same day does not apply to a mail ballot school bond election conducted by the trustees of any
  two or more school districts that have unified pursuant to 20-6-312 or that have created a joint board of trustees
                                                               -1-                     Authorized Print Version – SB 189
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68th Legislature 2023                                             SB 189.1
  pursuant to 20-3-361."
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                                 -2-      Authorized Print Version – SB 189
Statutes affected: 
Introduced: 13-19-104