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69th Legislature 2025 SB 490.1
- 1 - Authorized Print Version – SB 490
1 SENATE BILL NO. 490
2 INTRODUCED BY M. CUFFE
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LATE VOTER REGISTRATION; REVISING THE DAYS
5 AND TIMES AN ELECTOR MAY REGISTER LATE, CHANGE THE ELECTOR'S VOTER REGISTRATION
6 INFORMATION, AND VOTE IN A FEDERAL ELECTION; AND AMENDING SECTIONS 13-2-304 AND 13-21-
7 104, MCA.”
8
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
10
11 Section 13-2-304, MCA, is amended to read:
12 "13-2-304. (1) Except as provided in 13-21-104 and subsection (2)
13 subsections (2) and (3) of this section, the following provisions apply:
14 (a) An elector may register or change the elector's voter registration information after the close of
15 regular registration as provided in 13-2-301 and vote in the election if the election administrator in the county
16 where the elector resides receives and verifies the elector's voter registration information prior to noon the day
17 before the election.
18 (b) Except as provided in 13-2-514(2)(a) and subsection (1)(c) of this section, an elector who
19 registers or changes the elector's voter information pursuant to this section may vote in the election if the
20 elector obtains the ballot from the location designated by the county election administrator.
21 (c) With respect to an elector who registers late pursuant to this section for a school election
22 conducted by a school clerk, the elector may vote in the election only if the elector obtains from the county
23 election administrator a document, in a form prescribed by the secretary of state, verifying the elector's late
24 registration. The elector shall provide the verification document to the school clerk, who shall issue the ballot to
25 the elector and enter the verification document as part of the official register.
26 (d) An elector who registers late and obtains a ballot pursuant to this section may return the ballot
27 as follows:
28 (i) before election day, to a location designated by the county election administrator or school ****
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1 clerk if the election is administered by the school district; or
2 (ii) on election day, to the election office or to any polling place in the county where the elector is
3 registered to vote or, if the ballot is for a school election, to any polling place in the school district where the
4 election is being conducted.
5 (2) If an elector has already been issued a ballot for the election, the elector may change the
6 elector's voter registration information only if the original voted ballot has not been received at the county
7 election office, or received by the school district if the district is administering the election, and if the original
8 ballot that was issued is marked by the issuing county as void in the statewide voter registration system, or by
9 the school district if the district is administering the election, prior to the change.
10 (3) In a federal election, an elector may register or change the elector's voter registration
11 information after the close of regular registration as provided in 13-2-301 and vote in the election if the election
12 administrator in the county where the elector resides receives and verifies the elector's voter registration
13 information:
14 (a) prior to the close of business on the Friday before the election;
15 (b) between 8 a.m. and 5 p.m. on the Saturday before the election; or
16 (c) prior to noon on the day of the election."
17
18 Section 13-21-104, MCA, is amended to read:
19 "13-21-104.
20 The secretary of state shall adopt reasonable rules under the rulemaking provisions of the Montana
21 Administrative Procedure Act to implement this chapter. The rules are binding upon election administrators.
22 (2) The rules must provide that:
23 (a) there are uniform statewide standards concerning electronic registration and voting;
24 (b) regular absentee ballots for a primary, general, or special election are available in a format that
25 allows the ballot to be electronically transmitted to a covered voter as soon as the ballots are available pursuant
26 to 13-13-205;
27 (c) a covered voter may, subject to 13-2-304, register and vote up to the time that the polls close
28 on election day; ****
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1 (d) a covered voter is allowed to cast a provisional ballot if there is a question about the elector's
2 registration information or eligibility to vote;
3 (e) a covered voter with a digital signature is allowed the option of using the digital signature as
4 provided in 13-21-107; and
5 (f) a ballot cast by a covered voter and transmitted electronically will remain secret, as required by
6 Article IV, section 1, of the Montana constitution. This subsection (2)(f) does not prohibit the adoption of rules
7 establishing administrative procedures on how electronically transmitted votes must be transcribed to an official
8 ballot. However, the rules must be designed to protect the accuracy, integrity, and secrecy of the process.
9 (3) The secretary of state may apply for and receive a grant of funds from any agency or office of
10 the United States government or from any other public or private source and may use the money for the
11 purpose of implementing this chapter."
12 - END -