Montana Statutes § 13-13-245 Notice to elector - opportunity to resolve questionsVersion dated Oct. 30, 2024
This is an older version of § 13-13-245 Notice to elector - opportunity to resolve questions which we archived on October 30, 2024.
Statute Text
(1)
As soon as possible after receipt of an elector's absentee ballot application or signature envelope, the election administrator shall give notice to the elector by the most expedient method available if the election administrator determines that:
(a)
the elector's ballot is to be handled as a provisional ballot;
(b)
the validity of the ballot is in question; or
(c)
the election administrator has not received or is unable to verify the elector's or agent's signature under
13-13-213
or
13-13-241
.
(2)
The election administrator shall inform the elector that, prior to 8 p.m. on election day, the elector may:
(a)
by mail, facsimile, electronic means, or in person, resolve the issue that resulted in the ballot being handled as a provisional ballot, confirm the validity of the ballot, or verify the elector's or agent's signature or provide a signature, after proof of identification, by affirming that the signature is in fact the elector's, by completing a new registration form containing the elector's current signature, or by providing a new agent designation form; or
(b)
if necessary, request and receive a replacement ballot pursuant to
13-13-204
.
(3)
The ballot of an elector who fails to provide information pursuant to subsection (2) must be handled as a provisional ballot pursuant to
13-15-107
.
(4)
(a)
If
[a]
an absentee
ballot is returned as undeliverable, the election administrator shall
[investigate the reason for the return]
attempt to contact the elector by the most expedient means available to determine the reason for the return and mail a confirmation notice if the elector cannot be contacted otherwise. The notice must be sent by forwardable mail with a postage-paid, return-addressed reply
.
(b)
If the confirmation notice is returned to the election administrator, after the election the election administrator shall place the elector on the inactive list provided for in
13-2-220
until the elector reactivates the elector's registration pursuant to
13-2-222
.
[(b)]
(c)
(i)
[An]
During the election, the
elector must be provided with:
[(i)]
(A)
the elector's undeliverable ballot upon notification
in writing
by the elector of the elector's correct mailing address; or
[(ii)]
(B)
a replacement ballot if a request has been made pursuant to
13-13-204
.
(ii)
An elector who votes in the election pursuant to this subsection (4)(c) may not be placed on the inactive list pursuant to the procedures provided in subsection (4)(b).
History
Amended by Laws 2023 , Ch. 255 , Sec. 2 , eff. 7/1/2023 .
Amended by Laws 2017 , Ch. 368 , Sec. 14 , eff. 1/1/2018 .
Amended by Laws 2013 , Ch. 336 , Sec. 38 , eff. 1/1/2014 .
En. Sec. 7 , Ch. 101 , L. 2011 .