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68th Legislature 2023 SB 341.1
1 SENATE BILL NO. 341
2 INTRODUCED BY T. MANZELLA
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING LAWS RELATED TO ELECTION
5 EQUIPMENT CONTRACTS; PROVIDING REQUIREMENTS FOR ELECTION VENDOR CONTRACT TERMS;
6 REQUIRING ELECTION VENDOR CONTRACTS TO BE SUBMITTED TO THE SECRETARY OF STATE AND
7 POSTED TO THE SECRETARY OF STATE'S WEBSITE; REQUIRING AN ELECTION VENDOR TO
8 DISCLOSE CERTAIN INFORMATION TO THE PUBLIC AND POST IT TO THE SECRETARY OF STATE'S
9 WEBSITE; PROVIDING LEGISLATORS IMMEDIATE ACCESS TO CERTAIN ELECTION VENDOR
10 INFORMATION; DEFINING "ELECTION VENDOR"; AND AMENDING SECTIONS 13-1-101 AND 13-37-234,
11 MCA.”
12
13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
14
15 Section 1. Section 13-1-101, MCA, is amended to read:
16 "13-1-101. Definitions. As used in this title, unless the context clearly indicates otherwise, the
17 following definitions apply:
18 (1) "Active elector" means an elector whose name has not been placed on the inactive list due to
19 failure to respond to confirmation notices pursuant to 13-2-220 or 13-19-313.
20 (2) "Active list" means a list of active electors maintained pursuant to 13-2-220.
21 (3) "Anything of value" means any goods that have a certain utility to the recipient that is real and
22 that is ordinarily not given away free but is purchased.
23 (4) "Application for voter registration" means a voter registration form prescribed by the secretary
24 of state that is completed and signed by an elector, is submitted to the election administrator, and contains
25 voter registration information subject to verification as provided by law.
26 (5) "Ballot" means a paper ballot counted manually or a paper ballot counted by a machine, such
27 as an optical scan system or other technology that automatically tabulates votes cast by processing the paper
28 ballots.
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68th Legislature 2023 SB 341.1
1 (6) (a) "Ballot issue" or "issue" means a proposal submitted to the people at an election for their
2 approval or rejection, including but not limited to an initiative, referendum, proposed constitutional amendment,
3 recall question, school levy question, bond issue question, or ballot question.
4 (b) For the purposes of chapters 35 and 37, an issue becomes a "ballot issue" upon certification by
5 the proper official that the legal procedure necessary for its qualification and placement on the ballot has been
6 completed, except that a statewide issue becomes a "ballot issue" upon preparation and transmission by the
7 secretary of state of the form of the petition or referral to the person who submitted the proposed issue.
8 (7) "Ballot issue committee" means a political committee specifically organized to support or
9 oppose a ballot issue.
10 (8) "Candidate" means:
11 (a) an individual who has filed a declaration or petition for nomination, acceptance of nomination,
12 or appointment as a candidate for public office as required by law;
13 (b) for the purposes of chapter 35, 36, or 37, an individual who has solicited or received and
14 retained contributions, made expenditures, or given consent to an individual, organization, political party, or
15 committee to solicit or receive and retain contributions or make expenditures on the individual's behalf to secure
16 nomination or election to any office at any time, whether or not the office for which the individual will seek
17 nomination or election is known when the:
18 (i) solicitation is made;
19 (ii) contribution is received and retained; or
20 (iii) expenditure is made; or
21 (c) an officeholder who is the subject of a recall election.
22 (9) (a) "Contribution" means:
23 (i) the receipt by a candidate or a political committee of an advance, gift, loan, conveyance,
24 deposit, payment, or distribution of money or anything of value to support or oppose a candidate or a ballot
25 issue;
26 (ii) an expenditure, including an in-kind expenditure, that is made in coordination with a candidate
27 or ballot issue committee and is reportable by the candidate or ballot issue committee as a contribution;
28 (iii) the receipt by a political committee of funds transferred from another political committee; or
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68th Legislature 2023 SB 341.1
1 (iv) the payment by a person other than a candidate or political committee of compensation for the
2 personal services of another person that are rendered to a candidate or political committee.
3 (b) The term does not mean:
4 (i) services provided without compensation by individuals volunteering a portion or all of their time
5 on behalf of a candidate or political committee;
6 (ii) meals and lodging provided by individuals in their private residences for a candidate or other
7 individual;
8 (iii) the use of a person's real property for a fundraising reception or other political event; or
9 (iv) the cost of a communication not for distribution to the general public by a religious organization
10 exempt from federal income tax when compliance with Title 13 would burden the organization's sincerely held
11 religious beliefs or practices.
12 (c) This definition does not apply to Title 13, chapter 37, part 6.
13 (10) "Coordinated", including any variations of the term, means made in cooperation with, in
14 consultation with, at the request of, or with the express prior consent of a candidate or political committee or an
15 agent of a candidate or political committee.
16 (11) "De minimis act" means an action, contribution, or expenditure that is so small that it does not
17 trigger registration, reporting, disclaimer, or disclosure obligations under Title 13, chapter 35 or 37, or warrant
18 enforcement as a campaign practices violation under Title 13, chapter 37.
19 (12) "Disability" means a temporary or permanent mental or physical impairment such as:
20 (a) impaired vision;
21 (b) impaired hearing;
22 (c) impaired mobility. Individuals having impaired mobility include those who require use of a
23 wheelchair and those who are ambulatory but are physically impaired because of age, disability, or disease.
24 (d) impaired mental or physical functioning that makes it difficult for the person to participate in the
25 process of voting.
26 (13) "Election" means a general, special, or primary election held pursuant to the requirements of
27 state law, regardless of the time or purpose.
28 (14) (a) "Election administrator" means, except as provided in subsection (14)(b), the county clerk
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68th Legislature 2023 SB 341.1
1 and recorder or the individual designated by a county governing body to be responsible for all election
2 administration duties, except that with regard to school elections not administered by the county, the term
3 means the school district clerk.
4 (b) As used in chapter 2 regarding voter registration, the term means the county clerk and recorder
5 or the individual designated by a county governing body to be responsible for all election administration duties
6 even if the school election is administered by the school district clerk.
7 (15) (a) "Election communication" means the following forms of communication to support or
8 oppose a candidate or ballot issue:
9 (i) a paid advertisement broadcast over radio, television, cable, or satellite;
10 (ii) paid placement of content on the internet or other electronic communication network;
11 (iii) a paid advertisement published in a newspaper or periodical or on a billboard;
12 (iv) a mailing; or
13 (v) printed materials.
14 (b) The term does not mean:
15 (i) an activity or communication for the purpose of encouraging individuals to register to vote or to
16 vote, if that activity or communication does not mention or depict a clearly identified candidate or ballot issue;
17 (ii) a communication that does not support or oppose a candidate or ballot issue;
18 (iii) a bona fide news story, commentary, blog, or editorial distributed through the facilities of any
19 broadcasting station, newspaper, magazine, internet website, or other periodical publication of general
20 circulation;
21 (iv) a communication by any membership organization or corporation to its members, stockholders,
22 or employees;
23 (v) a communication not for distribution to the general public by a religious organization exempt
24 from federal income tax when compliance with Title 13 would burden the organization's sincerely held religious
25 beliefs or practices; or
26 (vi) a communication that the commissioner determines by rule is not an election communication.
27 (16) "Election judge" means a person who is appointed pursuant to Title 13, chapter 4, part 1, to
28 perform duties as specified by law.
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68th Legislature 2023 SB 341.1
1 (17) (a) "Election vendor" means an individual, business, or nonprofit corporation that manufactures,
2 sells, programs, or maintains voter registration databases, electronic pollbooks, election night reporting
3 systems, or machines that assist in the casting or tallying of votes.
4 (b) The term includes an individual, business, or nonprofit corporation that participates in the
5 voting systems market to provide other election-related goods or services.
6 (17)(18) (a) "Electioneering communication" means a paid communication that is publicly distributed by
7 radio, television, cable, satellite, internet website, newspaper, periodical, billboard, mail, or any other
8 distribution of printed materials, that is made within 60 days of the initiation of voting in an election, that does
9 not support or oppose a candidate or ballot issue, that can be received by more than 100 recipients in the
10 district voting on the candidate or ballot issue, and that:
11 (i) refers to one or more clearly identified candidates in that election;
12 (ii) depicts the name, image, likeness, or voice of one or more clearly identified candidates in that
13 election; or
14 (iii) refers to a political party, ballot issue, or other question submitted to the voters in that election.
15 (b) The term does not mean:
16 (i) a bona fide news story, commentary, blog, or editorial distributed through the facilities of any
17 broadcasting station, newspaper, magazine, internet website, or other periodical publication of general
18 circulation unless the facilities are owned or controlled by a candidate or political committee;
19 (ii) a communication by any membership organization or corporation to its members, stockholders,
20 or employees;
21 (iii) a commercial communication that depicts a candidate's name, image, likeness, or voice only in
22 the candidate's capacity as owner, operator, or employee of a business that existed prior to the candidacy;
23 (iv) a communication that constitutes a candidate debate or forum or that solely promotes a
24 candidate debate or forum and is made by or on behalf of the person sponsoring the debate or forum;
25 (v) a communication not for distribution to the general public by a religious organization exempt
26 from federal income tax when compliance with Title 13 would burden the organization's sincerely held religious
27 beliefs or practices; or
28 (vi) a communication that the commissioner determines by rule is not an electioneering
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68th Legislature 2023 SB 341.1
1 communication.
2 (18)(19) "Elector" means an individual qualified to vote under state law.
3 (19)(20) (a) "Expenditure" means a purchase, payment, distribution, loan, advance, promise, pledge,
4 or gift of money or anything of value:
5 (i) made by a candidate or political committee to support or oppose a candidate or a ballot issue;
6 (ii) made by a candidate while the candidate is engaging in campaign activity to pay child-care
7 expenses as provided in 13-37-220; or
8 (iii) used or intended for use in making independent expenditures or in producing electioneering
9 communications.
10 (b) The term does not mean:
11 (i) services, food, or lodging provided in a manner that they are not contributions under subsection
12 (9);
13 (ii) except as provided in subsection (19)(a)(ii) (20)(a)(ii), payments by a candidate for personal
14 travel expenses, food, clothing, lodging, or personal necessities for the candidate and the candidate's family;
15 (iii) the cost of any bona fide news story, commentary, blog, or editorial distributed through the
16 facilities of any broadcasting station, newspaper, magazine, or other periodical publication of general
17 circulation;
18 (iv) the cost of any communication by any membership organization or corporation to its members
19 or stockholders or employees;
20 (v) the use of a person's real property for a fundraising reception or other political event; or
21 (vi) the cost of a communication not for distribution to the general public by a religious organization
22 exempt from federal income tax when compliance with Title 13 would burden the organization's sincerely held
23 religious beliefs or practices.
24 (c) This definition does not apply to Title 13, chapter 37, part 6.
25 (20)(21) "Federal election" means an election in even-numbered years in which an elector may vote for
26 individuals for the office of president of the United States or for the United States congress.
27 (21)(22) "General election" means an election that is held for offices that first appear on a primary
28 election ballot, unless the primary is cancelled as authorized by law, and that is held on a date specified in 13-
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68th Legislature 2023 SB 341.1
1 1-104.
2 (22)(23) "Inactive elector" means an individual who failed to respond to confirmation notices and
3 whose name was placed on the inactive list pursuant to 13-2-220 or 13-19-313.
4 (23)(24) "Inactive list" means a list of inactive electors maintained pursuant to 13-2-220 or 13-19-313.
5 (24)(25) (a) "Incidental committee" means a political committee that is not specifically organized or
6 operating for the primary purpose of supporting or opposing candidates or ballot issues but that may
7 incidentally become a political committee by receiving a contribution or making an expenditure.
8 (b) For the purpose of this subsection (24) (25), the primary purpose is determined by the
9 commissioner by rule and includes criteria such as the allocation of budget, staff, or members' activity or the
10 statement of purpose or goal of the person or individuals that form the committee.
11 (25)(26) "Independent committee" means a political committee organized for the primary purpose of
12 receiving contributions and making expenditures that is not controlled either directly or indirectly by a candidate
13 and that does not coordinate with a candidate in conjunction with the making of expenditures except pursuant
14 to the limits set forth in 13-37-216(1).
15 (26)(27) "Independent expenditure" means an expenditure for an election communication to support or
16 oppose a candidate or ballot issue made at any time that is not coordinated with a candidate or ballot issue
17 committee.
18 (27)(28) "Individual" means a human being.
19 (28)(29) "Legally registered elector" means an individual whose application for voter registration was
20 accepted, processed, and verified as provided by law.
21 (29)(30) "Mail ballot election" means any election that is conducted under Title 13, chapter 19, by
22 mailing ballots to all active electors.
23 (30)(31) "Person" means an individual, corporation, association, firm, partnership, cooperative,