13-2-402. Reasons for cancellation. The election administrator shall cancel the registration of an elector if:

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Terms Used In Montana Code 13-2-402

  • Conviction: A judgement of guilt against a criminal defendant.
  • 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
  • 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

(1)the elector submits a written request for cancellation;

(2)a certificate of the death of the elector is filed or if the elector is reported to the election administrator as deceased by the department of public health and human services in the department’s reports submitted to the county under 50-15-409 or through a newspaper obituary;

(3)the elector is of unsound mind as established by a court;

(4)the incarceration of the elector in a penal institution for a felony conviction is legally established;

(5)a certified copy of a court order directing the cancellation is filed with the election administrator;

(6)a notice is received from the secretary of state or from another county or state that the elector has registered in another county or state;

(7)the elector:

(a)fails to respond to certain confirmation mailings;

(b)is placed on the inactive list; and

(c)then fails to vote in two consecutive federal general elections; or

(8)the elector fails to meet any voter qualification that is listed in 13-1-111.