Montana Code 13-19-314. Resolving ballots in question
13-19-314. Resolving ballots in question. Any questions concerning the validity of a ballot or signature must be resolved in the following manner:
Terms Used In Montana Code 13-19-314
- 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
- Elector: means an individual qualified to vote under state law. 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
- Voted ballot: means a ballot that is:
(a)deposited in the ballot box at a polling place;
(b)received at the election administrator's office; or
(c)returned to a place of deposit. See Montana Code 13-1-101
(1)If the election administrator is unable to determine without doubt whether a voted ballot is valid or invalid, the election administrator shall give notice to the elector as provided in 13-19-313.
(2)If, subsequent to following the procedure in 13-19-313, the election administrator is still unable to determine without doubt whether the voted ballot is valid or invalid, the ballot must be handled as a provisional ballot pursuant to 13-15-107.