****
68th Legislature 2023 HB 172.1
1 HOUSE BILL NO. 172
2 INTRODUCED BY D. BEDEY
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT ALLOWING BOARDS OF COUNTY COMMISSIONERS TO
5 REQUEST A RANDOM-SAMPLE AUDIT OF VOTE-COUNTING MACHINES AFTER A NONFEDERAL
6 ELECTION; ALLOWING BOARDS OF COUNTY COMMISSIONERS TO REQUEST THE ADDITION OF A
7 COUNTYWIDE RACE TO THE RANDOM-SAMPLE AUDIT OF VOTE-COUNTING MACHINES AFTER A
8 FEDERAL ELECTION; PROVIDING RULEMAKING AUTHORITY; AMENDING SECTIONS 13-1-101, 13-17-
9 503, AND 13-17-505, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”
10
11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
12
13 NEW SECTION. Section 1. Random-sample audit of vote-counting machines optional after
14 nonfederal elections -- rulemaking authority. (1) After unofficial results are available to the public in a
15 nonfederal election, but before the official canvass by the county board of canvassers, the board of county
16 commissioners may request a random-sample audit of vote-counting machines.
17 (2) The random-sample audit may not include a ballot that a vote-counting machine was unable to
18 process and that was not resolved pursuant to 13-15-206 because the ballot:
19 (a) appeared to have at least one overvote;
20 (b) appeared to be blank;
21 (c) was in a condition that prevented its processing by a vote-counting machine; or
22 (d) contained a mark, error, or omission that prevented its processing by a vote-counting machine.
23 (3) On or before May 1, 2024, the secretary of state shall adopt rules to implement the provisions
24 of this section, including but not limited to rules for:
25 (a) the manner in which the random-sample audit of vote-counting machines will be conducted;
26 (b) the process to be used for selecting precincts, races, and ballot issues for the random-sample
27 audit; and
28 (c) the process to be used to select the ballots that are to be included in the random-sample audit.
-1- Authorized Print Version – HB 172
****
68th Legislature 2023 HB 172.1
1
2 Section 2. Section 13-1-101, MCA, is amended to read:
3 "13-1-101. Definitions. As used in this title, unless the context clearly indicates otherwise, the
4 following definitions apply:
5 (1) "Active elector" means an elector whose name has not been placed on the inactive list due to
6 failure to respond to confirmation notices pursuant to 13-2-220 or 13-19-313.
7 (2) "Active list" means a list of active electors maintained pursuant to 13-2-220.
8 (3) "Anything of value" means any goods that have a certain utility to the recipient that is real and
9 that is ordinarily not given away free but is purchased.
10 (4) "Application for voter registration" means a voter registration form prescribed by the secretary
11 of state that is completed and signed by an elector, is submitted to the election administrator, and contains
12 voter registration information subject to verification as provided by law.
13 (5) "Ballot" means a paper ballot counted manually or a paper ballot counted by a machine, such
14 as an optical scan system or other technology that automatically tabulates votes cast by processing the paper
15 ballots.
16 (6) (a) "Ballot issue" or "issue" means a proposal submitted to the people at an election for their
17 approval or rejection, including but not limited to an initiative, referendum, proposed constitutional amendment,
18 recall question, school levy question, bond issue question, or ballot question.
19 (b) For the purposes of chapters 35 and 37, an issue becomes a "ballot issue" upon certification by
20 the proper official that the legal procedure necessary for its qualification and placement on the ballot has been
21 completed, except that a statewide issue becomes a "ballot issue" upon preparation and transmission by the
22 secretary of state of the form of the petition or referral to the person who submitted the proposed issue.
23 (7) "Ballot issue committee" means a political committee specifically organized to support or
24 oppose a ballot issue.
25 (8) "Candidate" means:
26 (a) an individual who has filed a declaration or petition for nomination, acceptance of nomination,
27 or appointment as a candidate for public office as required by law;
28 (b) for the purposes of chapter 35, 36, or 37, an individual who has solicited or received and
-2- Authorized Print Version – HB 172
****
68th Legislature 2023 HB 172.1
1 retained contributions, made expenditures, or given consent to an individual, organization, political party, or
2 committee to solicit or receive and retain contributions or make expenditures on the individual's behalf to secure
3 nomination or election to any office at any time, whether or not the office for which the individual will seek
4 nomination or election is known when the:
5 (i) solicitation is made;
6 (ii) contribution is received and retained; or
7 (iii) expenditure is made; or
8 (c) an officeholder who is the subject of a recall election.
9 (9) (a) "Contribution" means:
10 (i) the receipt by a candidate or a political committee of an advance, gift, loan, conveyance,
11 deposit, payment, or distribution of money or anything of value to support or oppose a candidate or a ballot
12 issue;
13 (ii) an expenditure, including an in-kind expenditure, that is made in coordination with a candidate
14 or ballot issue committee and is reportable by the candidate or ballot issue committee as a contribution;
15 (iii) the receipt by a political committee of funds transferred from another political committee; or
16 (iv) the payment by a person other than a candidate or political committee of compensation for the
17 personal services of another person that are rendered to a candidate or political committee.
18 (b) The term does not mean:
19 (i) services provided without compensation by individuals volunteering a portion or all of their time
20 on behalf of a candidate or political committee;
21 (ii) meals and lodging provided by individuals in their private residences for a candidate or other
22 individual;
23 (iii) the use of a person's real property for a fundraising reception or other political event; or
24 (iv) the cost of a communication not for distribution to the general public by a religious organization
25 exempt from federal income tax when compliance with Title 13 would burden the organization's sincerely held
26 religious beliefs or practices.
27 (c) This definition does not apply to Title 13, chapter 37, part 6.
28 (10) "Coordinated", including any variations of the term, means made in cooperation with, in
-3- Authorized Print Version – HB 172
****
68th Legislature 2023 HB 172.1
1 consultation with, at the request of, or with the express prior consent of a candidate or political committee or an
2 agent of a candidate or political committee.
3 (11) "De minimis act" means an action, contribution, or expenditure that is so small that it does not
4 trigger registration, reporting, disclaimer, or disclosure obligations under Title 13, chapter 35 or 37, or warrant
5 enforcement as a campaign practices violation under Title 13, chapter 37.
6 (12) "Disability" means a temporary or permanent mental or physical impairment such as:
7 (a) impaired vision;
8 (b) impaired hearing;
9 (c) impaired mobility. Individuals having impaired mobility include those who require use of a
10 wheelchair and those who are ambulatory but are physically impaired because of age, disability, or disease.
11 (d) impaired mental or physical functioning that makes it difficult for the person to participate in the
12 process of voting.
13 (13) "Election" means a general, special, or primary election held pursuant to the requirements of
14 state law, regardless of the time or purpose.
15 (14) (a) "Election administrator" means, except as provided in subsection (14)(b), the county clerk
16 and recorder or the individual designated by a county governing body to be responsible for all election
17 administration duties, except that with regard to school elections not administered by the county, the term
18 means the school district clerk.
19 (b) As used in chapter 2 regarding voter registration, the term means the county clerk and recorder
20 or the individual designated by a county governing body to be responsible for all election administration duties
21 even if the school election is administered by the school district clerk.
22 (15) (a) "Election communication" means the following forms of communication to support or
23 oppose a candidate or ballot issue:
24 (i) a paid advertisement broadcast over radio, television, cable, or satellite;
25 (ii) paid placement of content on the internet or other electronic communication network;
26 (iii) a paid advertisement published in a newspaper or periodical or on a billboard;
27 (iv) a mailing; or
28 (v) printed materials.
-4- Authorized Print Version – HB 172
****
68th Legislature 2023 HB 172.1
1 (b) The term does not mean:
2 (i) an activity or communication for the purpose of encouraging individuals to register to vote or to
3 vote, if that activity or communication does not mention or depict a clearly identified candidate or ballot issue;
4 (ii) a communication that does not support or oppose a candidate or ballot issue;
5 (iii) a bona fide news story, commentary, blog, or editorial distributed through the facilities of any
6 broadcasting station, newspaper, magazine, internet website, or other periodical publication of general
7 circulation;
8 (iv) a communication by any membership organization or corporation to its members, stockholders,
9 or employees;
10 (v) a communication not for distribution to the general public by a religious organization exempt
11 from federal income tax when compliance with Title 13 would burden the organization's sincerely held religious
12 beliefs or practices; or
13 (vi) a communication that the commissioner determines by rule is not an election communication.
14 (16) "Election judge" means a person who is appointed pursuant to Title 13, chapter 4, part 1, to
15 perform duties as specified by law.
16 (17) (a) "Electioneering communication" means a paid communication that is publicly distributed by
17 radio, television, cable, satellite, internet website, newspaper, periodical, billboard, mail, or any other
18 distribution of printed materials, that is made within 60 days of the initiation of voting in an election, that does
19 not support or oppose a candidate or ballot issue, that can be received by more than 100 recipients in the
20 district voting on the candidate or ballot issue, and that:
21 (i) refers to one or more clearly identified candidates in that election;
22 (ii) depicts the name, image, likeness, or voice of one or more clearly identified candidates in that
23 election; or
24 (iii) refers to a political party, ballot issue, or other question submitted to the voters in that election.
25 (b) The term does not mean:
26 (i) a bona fide news story, commentary, blog, or editorial distributed through the facilities of any
27 broadcasting station, newspaper, magazine, internet website, or other periodical publication of general
28 circulation unless the facilities are owned or controlled by a candidate or political committee;
-5- Authorized Print Version – HB 172
****
68th Legislature 2023 HB 172.1
1 (ii) a communication by any membership organization or corporation to its members, stockholders,
2 or employees;
3 (iii) a commercial communication that depicts a candidate's name, image, likeness, or voice only in
4 the candidate's capacity as owner, operator, or employee of a business that existed prior to the candidacy;
5 (iv) a communication that constitutes a candidate debate or forum or that solely promotes a
6 candidate debate or forum and is made by or on behalf of the person sponsoring the debate or forum;
7 (v) a communication not for distribution to the general public by a religious organization exempt
8 from federal income tax when compliance with Title 13 would burden the organization's sincerely held religious
9 beliefs or practices; or
10 (vi) a communication that the commissioner determines by rule is not an electioneering
11 communication.
12 (18) "Elector" means an individual qualified to vote under state law.
13 (19) (a) "Expenditure" means a purchase, payment, distribution, loan, advance, promise, pledge, or
14 gift of money or anything of value:
15 (i) made by a candidate or political committee to support or oppose a candidate or a ballot issue;
16 (ii) made by a candidate while the candidate is engaging in campaign activity to pay child-care
17 expenses as provided in 13-37-220; or
18 (iii) used or intended for use in making independent expenditures or in producing electioneering
19 communications.
20 (b) The term does not mean:
21 (i) services, food, or lodging provided in a manner that they are not contributions under subsection
22 (9);
23 (ii) except as provided in subsection (19)(a)(ii), payments by a candidate for personal travel
24 expenses, food, clothing, lodging, or personal necessities for the candidate and the candidate's family;
25 (iii) the cost of any bona fide news story, commentary, blog, or editorial distributed through the
26 facilities of any broadcasting station, newspaper, magazine, or other periodical publication of general
27 circulation;
28 (iv) the cost of any communication by any membership organization or corporation to its members
-6- Authorized Print Version – HB 172
****
68th Legislature 2023 HB 172.1
1 or stockholders or employees;
2 (v) the use of a person's real property for a fundraising reception or other political event; or
3 (vi) the cost of a communication not for distribution to the general public by a religious organization
4 exempt from federal income tax when compliance with Title 13 would burden the organization's sincerely held
5 religious beliefs or practices.
6 (c) This definition does not apply to Title 13, chapter 37, part 6.
7 (20) "Federal election" means an election in even-numbered years in which an elector may vote for
8 individuals for the office of president of the United States or for the United States congress.
9 (21) "General election" means an election that is held for offices that first appear on a primary
10 election ballot, unless the primary is cancelled as authorized by law, and that is held on a date specified in 13-
11 1-104.
12 (22) "Inactive elector" means an individual who failed to respond to confirmation notices and whose
13 name was placed on the inactive list pursuant to 13-2-220 or 13-19-313.
14 (23) "Inactive list" means a list of inactive electors maintained pursuant to 13-2-220 or 13-19-313.
15 (24) (a) "Incidental committee" means a political committee that is not specifically organized or
16 operating for the primary purpose of supporting or opposing candidates or ballot issues but that may
17 incidentally become a political committee by receiving a contribution or making an expenditure.
18 (b) For the purpose of this subsection (24), the primary purpose is determined by the
19 commissioner by rule and includes criteria such as the allocation of budget, staff, or members' activity or the
20 statement of purpose or goal of the person or individuals that form the committee.
21 (25) "Independent committee" means a political committee organized for the primary purpose of
22 receiving contributions and making expenditures that is not controlled either directly or indirectly by a candidate
23 and that does not coordinate with a candidate in conjunction with the ma