Montana Code 13-13-245. Notice to elector — opportunity to resolve questions
13-13-245. Notice to elector — opportunity to resolve questions. (1) As soon as possible after receipt of an elector’s absentee ballot application or signature envelope, the election administrator shall give notice to the elector by the most expedient method available if the election administrator determines that:
Terms Used In Montana Code 13-13-245
- 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
- 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
- Inactive list: means a list of inactive electors maintained pursuant to 13-2-220 or 13-19-313. See Montana Code 13-1-101
- issue: means a proposal submitted to the people at an election for their approval or rejection, including but not limited to an initiative, referendum, proposed constitutional amendment, recall question, school levy question, bond issue question, or ballot question. See Montana Code 13-1-101
- Person: means an individual, corporation, association, firm, partnership, cooperative, committee, including a political committee, club, union, or other organization or group of individuals or a candidate as defined in subsection (8). See Montana Code 13-1-101
- Provisional ballot: means a ballot cast by an elector whose identity or eligibility to vote has not been verified as provided by law. See Montana Code 13-1-101
- Signature envelope: means an envelope that contains a secrecy envelope and ballot and that is designed to:
(a)allow election officials, upon examination of the outside of the envelope, to determine that the ballot is being submitted by someone who is in fact a qualified elector and who has not already voted; and
(b)allow it to be used in the United States mail. See Montana Code 13-1-101
- Writing: includes printing. See Montana Code 1-1-203
(a)the elector’s ballot is to be handled as a provisional ballot;
(b)the validity of the ballot is in question; or
(c)the election administrator has not received or is unable to verify the elector’s or agent’s signature under 13-13-213 or 13-13-241.
(2)The election administrator shall inform the elector that, prior to 8 p.m. on election day, the elector may:
(a)by mail, facsimile, electronic means, or in person, resolve the issue that resulted in the ballot being handled as a provisional ballot, confirm the validity of the ballot, or verify the elector’s or agent’s signature or provide a signature, after proof of identification, by affirming that the signature is in fact the elector’s, by completing a new registration form containing the elector’s current signature, or by providing a new agent designation form; or
(b)if necessary, request and receive a replacement ballot pursuant to 13-13-204.
(3)The ballot of an elector who fails to provide information pursuant to subsection (2) must be handled as a provisional ballot pursuant to 13-15-107.
(4)(a) If an absentee ballot is returned as undeliverable, the election administrator shall attempt to contact the elector by the most expedient means available to determine the reason for the return and mail a confirmation notice if the elector cannot be contacted otherwise. The notice must be sent by forwardable mail with a postage-paid, return-addressed reply.
(b)If the confirmation notice is returned to the election administrator, after the election the election administrator shall place the elector on the inactive list provided for in 13-2-220 until the elector reactivates the elector’s registration pursuant to 13-2-222.
(c)(i) During the election, the elector must be provided with:
(A)the elector’s undeliverable ballot upon notification in writing by the elector of the elector’s correct mailing address; or
(B)a replacement ballot if a request has been made pursuant to 13-13-204.
(ii)An elector who votes in the election pursuant to this subsection (4)(c) may not be placed on the inactive list pursuant to the procedures provided in subsection (4)(b).