Mont. Admin. R. 44.3.102 - ROLE OF SECRETARY OF STATE
(1) The
Secretary of State is empowered under the Voting Accessibility Act,
13-1-202, MCA, and these rules to:
(a) establish guidelines that define and
determine accessibility at the polling place;
(b) prescribe the forms and materials
necessary to ensure uniformity in the surveying of polling places;
(c) determine what constitutes an emergency
that allows an exemption from accessibility status;
(d) grant exemptions to the requirement that
a polling place shall be accessible to the elderly and individuals with
disabilities;
(e) establish
procedures to ensure that any individual with a disability or elderly voter
assigned to an inaccessible polling place will be provided with an alternative
means for casting a ballot on election day;
(f) provide public notice, calculated to
reach individuals with disabilities or elderly electors in a timely manner, of
the:
(i) availability of aids under the
Voting Accessibility Act;
(ii)
assistance under section 208 of the Voting Rights Act of 1965 (
42 U.S.C.
1973 aa-6); and
(iii) procedures for voting by absentee
ballot; and
(g) report
to the applicable federal agency, in a manner to be determined by the agency:
(i) the number of accessible polling places
in the state;
(ii) the number of
inaccessible polling places; and
(iii) the reasons for each instance of
inaccessibility.
(2) These are the rules adopted to establish
and maintain uniformity in the implementation of the Voting Accessibility
Act.
Notes
This rule is advisory only, but may be considered a correct interpretation of the law. 13-3-205, MCA; IMP, 13-3-205, MCA;
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