13-13-112. Display of instructions for electors. (1) Except as provided in subsection (3), instructions for electors on how to prepare their ballots or use a voting system must be posted in each voting station provided for the preparation of ballots.

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Terms Used In Montana Code 13-13-112

  • 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

  • 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 administrator: means , except as provided in subsection (14)(b), the county clerk and recorder or the individual designated by a county governing body to be responsible for all election administration duties, except that with regard to school elections not administered by the county, the term means the school district clerk. See Montana Code 13-1-101
  • Elector: means an individual qualified to vote under state law. See Montana Code 13-1-101
  • system: means any machine, device, technology, or equipment used to automatically record, tabulate, or process the vote of an elector cast on a paper ballot. See Montana Code 13-1-101
  • Valid vote: means a vote that has been counted as valid or determined to be valid as provided in 13-15-206. See Montana Code 13-1-101

(2)The instructions must be in easily read type, 18 point or larger, and explain:

(a)how to obtain ballots for voting;

(b)how to prepare ballots, including how to:

(i)cast a valid vote, including a valid vote for a write-in candidate;

(ii)correct a mistake; and

(iii)ensure the proper disposition of the ballot after the elector is finished voting;

(c)how to obtain a new ballot in place of one spoiled by accident; and

(d)how to vote provisionally pursuant to 13-13-601.

(3)The information required in subsection (2) must also be posted at each polling place along with the election date, the hours the polls are open, and instructions for mail-in registrants and first-time voters.

(4)If the instructions for use of a voting system are printed on the system or are part of a ballot package given to each elector, separate instructions need not be posted in the voting station.

(5)Sample ballots, clearly marked “sample” across the face, must be posted in at least one conspicuous location at each polling place. If an election administrator has the capacity to print a larger version of a sample ballot, a sample ballot must be printed and displayed in a size larger than an actual ballot.