Montana Code 13-13-119. Aid to disabled elector
13-13-119. Aid to disabled elector. (1) A disabled elector may request assistance in marking the elector’s ballot.
Terms Used In Montana Code 13-13-119
- Ballot: means a paper ballot counted manually or a paper ballot counted by a machine, such as an optical scan system or other technology that automatically tabulates votes cast by processing the paper ballots. See Montana Code 13-1-101
- Candidate: means :
(a)an individual who has filed a declaration or petition for nomination, acceptance of nomination, or appointment as a candidate for public office as required by law;
(b)for the purposes of chapter 35, 36, or 37, an individual who has solicited or received and retained contributions, made expenditures, or given consent to an individual, organization, political party, or committee to solicit or receive and retain contributions or make expenditures on the individual's behalf to secure nomination or election to any office at any time, whether or not the office for which the individual will seek nomination or election is known when the:
(i)solicitation is made;
(ii)contribution is received and retained; or
(iii)expenditure is made; or
(c)an officeholder who is the subject of a recall election. See Montana Code 13-1-101
- Disability: means a temporary or permanent mental or physical impairment such as:
(a)impaired vision;
(b)impaired hearing;
(c)impaired mobility. See Montana Code 13-1-101
- Election: means a general, special, or primary election held pursuant to the requirements of state law, regardless of the time or purpose. See Montana Code 13-1-101
- Election judge: means a person who is appointed pursuant to Title 13, chapter 4, part 1, to perform duties as specified by law. See Montana Code 13-1-101
- Elector: means an individual qualified to vote under state law. See Montana Code 13-1-101
- Individual: means a human being. See Montana Code 13-1-101
(2)If the elector has not designated an agent:
(a)the election judges shall require a declaration of disability by the elector. The declaration must be made under oath, which must be administered by an election judge. The elector may be assisted by two judges who represent different parties. If election judges who represent different political parties are not available, the chief election judge shall appoint two election judges to assist the elector. The judges shall certify on the precinct register opposite the disabled elector’s name that the ballot was marked with their assistance. The judges may not reveal information regarding the ballot.
(b)The elector may designate an agent, as provided in 13-1-116, to aid the elector in the marking of the elector’s ballot. An individual designated to assist the elector shall sign the individual’s name on the precinct register beside the name of the elector assisted.
(3)No one other than the elector who requires assistance may divulge to anyone within the polling place the name of any candidate for whom the elector intends to vote or may ask or receive the assistance of any individual within the polling place in the preparation of the elector’s ballot.