Mont. Admin. R. 44.3.2113 - PROVISIONAL VOTING PROCEDURES AT THE POLLING PLACE AND AT THE ELECTION ADMINISTRATOR'S OFFICE - CASTING A BALLOT
(1) The election administrator shall direct
election officials in each precinct to mark, in a location specified by the
election administrator in the records maintained by election officials, a
notation for each individual who has chosen to cast a provisional ballot or set
of provisional ballots, as applicable.
(2) Consistent with
13-13-601, MCA, an election
official shall give to an individual who has chosen to cast a provisional
ballot the following, in the forms prescribed by the secretary of state:
(a) provisional ballot instructions, which
must be filled out by an election official in the areas specified;
(b) a provisional ballot outer envelope,
which must be filled out by an election official in the areas
specified;
(c) a provisional ballot
secrecy envelope; and
(d) a regular
ballot.
(3) The
individual shall, upon receipt of the forms in (2):
(a) read the provisional ballot
instructions;
(b) fill out the
specified areas of the provisional ballot outer envelope; and
(c) allow an election official to review the
provisional ballot outer envelope that has been filled out by the
individual.
(4) An
election official, upon receiving the provisional ballot outer envelope from
the individual, shall:
(a) ensure that the
individual completed all required information on the provisional ballot outer
envelope; and
(b) inform the
individual that the individual may provide additional information at the
individual's option.
(5)
After the individual and the election official complete the requirements in
this rule, the election official shall allow the individual to:
(a) sign the precinct register;
(b) vote the ballot;
(c) place the ballot in the provisional
ballot secrecy envelope, and in a primary election, place the unvoted party
ballot in an unvoted ballot envelope;
(d) place the provisional ballot secrecy
envelope in the provisional ballot outer envelope; and
(e) return the provisional ballot outer
envelope to an election official, who shall place the provisional ballot outer
envelope into an unverified provisional ballot container, and who shall in a
primary election, place the unvoted party ballot into an unvoted ballot box or
into the provisional ballot outer envelope. The location where the unvoted
party ballot is placed must be consistent within a county and must be
consistent with direction given by the election administrator.
(6) Consistent with
13-15-107, MCA, an election
official shall handle a provisional ballot outer envelope which holds a ballot
cast provisionally by an individual whose voter information is verified by the
end of election day as follows:
(a) remove
the provisional ballot outer envelope from the unverified provisional ballot
container;
(b) mark it to indicate
the reason(s) why it was verified and removed;
(c) ensure the ballot is removed from the
provisional ballot secrecy envelope, deposited with other ballots in a manner
that allows for the secrecy of the ballot to the greatest extent possible, and
counted as any other ballot;
(d)
place the provisional ballot outer envelope in the verified provisional ballot
container; and
(e) mark in the
location specified by the election administrator that the ballot has been
counted as any other ballot.
Notes
13-13-603, MCA; IMP, 13-13-114, 13-13-601, 13-15-107, MCA;
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