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69th Legislature 2025 HB0527.3
- 1 - Authorized Print Version – HB 527
1 HOUSE BILL NO. 527
2 INTRODUCED BY M. THIEL
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING THE PROCESS FOR WRITTEN PLANS OF CONDUCT
5 FOR ELECTIONS CONDUCTED BY MAIL; REQUIRING THE PLAN TO BE POSTED TO THE COUNTY
6 ELECTION OFFICE WEBSITE; AND AMENDING SECTIONS 13-19-105, 13-19-205, 13-19-206, AND 20-20-
7 201, MCA.”
8
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
10
11 Section 13-19-105, MCA, is amended to read:
12 "13-19-105. In addition to other powers and duties conveyed by law, the
13 secretary of state, with advice from election administrators, shall:
14 (1) prescribe the form of materials to be used in the conduct of mail ballot elections; and
15 (2) review written plans for the conduct of mail ballot elections as provided in 13-19-205; and
16 (3)(2) adopt rules consistent with this chapter to:
17 (a) establish and maintain uniformity in the conduct of mail ballot elections; and
18 (b) establish procedures for the conduct of mail ballot elections that, when implemented by the
19 election administrator:
20 (i) prevent fraud;
21 (ii) ensure the accurate handling and canvassing of mail ballots; and
22 (iii) ensure that the secrecy of voted ballots is maintained."
23
24 Section 13-19-205, MCA, is amended to read:
25 "13-19-205.
26 (1) The election administrator shall prepare a written plan for the conduct of each
27 election to be conducted by mail. and shall submit the plan to the secretary of state in a manner that ensures
28 that it is received at least 60 days prior to the date set for the election. There must be a separate plan for each - 2025
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- 2 - Authorized Print Version – HB 527
1 type of election held even if held on the same day.
2 (2) The written plan must include:
3 (a) a timetable for the election;
4 (b) a plan for providing voter interface devices as required in 13-3-208; and
5 (c) sample written instructions that will be sent to the electors. The instructions must include but
6 are not limited to:
7 (i) information on the estimated amount of postage required to return the ballot;
8 (ii) (A) the location of the places of deposit and the days and times when ballots may be returned
9 to the places of deposit, if the information is available; or and
10 (B) if the information on location and hours of places of deposit is not available, a section that will
11 allow the information to be added before the instructions are mailed to electors; and
12 (iii) any applicable instructions specified under 13-13-214(4).
13 (3) The plan may be amended by the election administrator at any time prior to the 35th day before
14 election day. by notifying the secretary of state in writing of any changes.
15 (4) Within 5 days of receiving the plan and as soon as possible after receiving any amendments,
16 the secretary of state shall approve, disapprove, or recommend changes to the plan or amendments.
17 (5)(4) When the written plan and any amendments have been approved, the The election
18 administrator shall proceed to conduct the election according to the approved plan unless the election is
19 cancelled for any reason provided by law.
20 (5) The plan must be posted on the county election office website
21 at least 60 days prior to the election. I, THE PLAN MUST ALSO BE POSTED
22. (A) AT LEAST 60, THE PLAN MUST:
23 (I), BE POSTED TO THE COUNTY ELECTION
24, IF ACTIVE, OR PUBLICLY NOTICED IN ANOTHER WAY;
25 (II),
2620-20-204(1)()(I (1)(A)(II), POSTED TO THE DISTRICT WEBSITE, IF ACTIVE, AND SENT TO
2720-20-201(2)(B); OR
28 (III), BE NOTICED IN ACCORDANCE - 2025
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1 SUBSECTION (5)(A)(I) OR (5)()(II).
2 (B) A SUBSECTION
3 (5)(A)(I) OR (5)(A)(II) NOT LESS THAN 35 DAYS BEFORE THE ELECTION.
4 (6) If the plan is not posted at least 60 days prior to the election BY AT LEAST ONE OF THE METHODS
5 SUBSECTION (5), then the election defaults to a polling place election."
6
7 Section 13-19-206, MCA, is amended to read:
8 "13-19-206. For each election conducted under this
9 chapter, the election administrator shall:
10 (1) mail a single packet to every qualified elector of the political subdivision conducting the
11 election;
12 (2) ensure that each packet contains only one each of the following:
13 (a) an official ballot for each type of election being held on the specified election day;
14 (b) a secrecy envelope;
15 (c) a signature envelope; and
16 (d) complete written instructions, as approved by the secretary of state pursuant to 13-19-205, for
17 mail ballot voting procedures;
18 (3) ensure that each packet is:
19 (a) addressed to a single individual elector at the most current address available from the official
20 registration records; and
21 (b) deposited in the United States mail with sufficient postage for it to be delivered to the elector's
22 address; and
23 (4) mail the packet in a manner that conforms to postal regulations to require the return, not
24 forwarding, of undelivered packets."
25
26 Section 20-20-201, MCA, is amended to read:
27 "20-20-201. (1) At least 70 days before any school election, the trustees
28 of a district or other entity or official authorized by law to call a school election shall call the school election by - 2025
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- 4 - Authorized Print Version – HB 527
1 resolution, stating the date and purpose of each election and whether, pursuant to 13-19-202, any election is
2 requested to be by mail.
3 (2) To enable the county election administrator to manage voter registration and prepare the lists
4 of registered electors:
5 (a) the resolution calling for a school election must be transmitted to the county election
6 administrator no later than 3 days after the resolution is passed; and
7 (b) if the election is to be conducted by mail, the school clerk must also transmit to the county
8 election administrator a copy of the written plan required under 13-19-205 as soon as the plan has been
9 approved by the secretary of state."
10 - END -