Montana Code 13-19-104. Mail ballot elections not mandatory — when authorized — when prohibited — when county election administrator conducts
13-19-104. Mail ballot elections not mandatory — when authorized — when prohibited — when county election administrator conducts. (1) Conducting elections by mail ballot is only one option available to local officials, and this chapter does not mandate that the procedure be used.
Terms Used In Montana Code 13-19-104
- Ballot: means the ballot or set of ballots that is to be returned by a specified election day. See Montana Code 13-19-102
- 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
- Mail ballot election: means any election that is conducted under Title 13, chapter 19, by mailing ballots to all active electors. See Montana Code 13-1-101
- Political subdivision: means a political subdivision of the state, including a school district. See Montana Code 13-19-102
- Special election: means an election held on a day other than the day specified for a primary election, general election, or regular school election. See Montana Code 13-1-101
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)Except as provided in subsection (3), any election may be conducted by mail ballot.
(3)The following elections may not be conducted by mail ballot:
(a)a regularly scheduled federal, state, or county election;
(b)a special federal or state election, unless authorized by the legislature; or
(c)a regularly scheduled or special election when another election in the political subdivision is taking place at the polls on the same day.
(4)(a) Except as provided in subsection (4)(b), if more than one mail ballot election is being conducted in the political subdivision on the same day, the county election administrator shall conduct the elections.
(b)The requirement that a county election administrator shall conduct more than one mail ballot election on the same day does not apply to a mail ballot school bond election conducted by the trustees of any two or more school districts that have unified pursuant to 20-6-312 or that have created a joint board of trustees pursuant to 20-3-361.