Montana Statutes § 13-1-303 Disposition of ballots and other election materials
Statute Text
(1)
(a)
Except for a federal election and as provided in
13-15-301
(2)
, the voted ballots, detached stubs, unvoted ballots, and unused ballots from an election must be kept in the unopened packages received from the election judges for a period of 12 months. The packages may be opened only when an order for opening is given by the proper official either for a recount procedure or to process provisional ballots.
(b)
The voted ballots, detached stubs, unvoted ballots, and unused ballots from a federal election must be retained in the unopened packages received from the election judges for a period of 22 months. The packages may be opened only as provided in subsection (1)(a) or for a postelection random-sample audit of vote-counting machines.
(c)
An election administrator may dispose of the ballots as provided in subsection (2) if after the time periods provided for in this subsection (1), there is no:
(i)
contest begun;
(ii)
recount pending; or
(iii)
appeal of a decision relating to a contest, a recount, or a postelection random-sample audit.
(2)
Each election administrator shall prepare a plan for retention and destruction of election records in the county according to the retention schedules established by the local government records committee provided for in
2-6-1201
.
History
Amended by Laws 2015 , Ch. 348 , Sec. 38 , eff. 10/1/2015 .
En. Sec. 17, Ch. 571, L. 1979; amd. Sec. 1, Ch. 97, L. 1997; amd. Sec. 2, Ch. 586, L. 2005; amd. Sec. 11, Ch. 89, L. 2009; amd. Sec. 4 , Ch. 242 , L. 2011 .
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