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69th Legislature 2025 SB 58.1
- 1 - Authorized Print Version – SB 58
1 SENATE BILL NO. 58
2 INTRODUCED BY M. CUFFE
3 BY REQUEST OF THE SENATE SELECT COMMITTEE ON ELECTIONS
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING VOTE COUNT PROCEDURES; REQUIRING AN
6 ELECTION ADMINISTRATOR TO CONDUCT AN INVESTIGATION WHEN THE COUNTING BOARD
7 CANNOT RECONCILE THE TOTAL NUMBER OF BALLOTS WITH THE POLLBOOK; REQUIRING AN
8 ELECTION ADMINISTRATOR TO REPORT THE INVESTIGATION TO THE BOARD OF COUNTY
9 CANVASSERS; AMENDING SECTION 13-15-201, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE
10 DATE.”
11
12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
13
14 Section 13-15-201, MCA, is amended to read:
15 "13-15-201.
16 (1) Subject to 13-10-311, to prepare for a count of ballots, the counting board or, if
17 appointed, the absentee counting board shall take ballots out of the box to determine whether each ballot is
18 single.
19 (2) The board shall count all ballots to ensure that the total number of ballots corresponds with the
20 total number of names in the pollbook.
21 (3) If the board cannot reconcile the total number of ballots with the pollbook, the board shall
22 submit to the election administrator a written report stating how many ballots were missing or in excess and any
23 reason of which they are aware for the discrepancy. Each judge on the board shall sign the report.
24 (a) If the discrepancy is not satisfactorily explained by the report, the election administrator shall
25 conduct an investigation, which may include recounting the total number of ballots and reviewing the number of
26 names in the pollbook.
27 (b) The election administrator shall provide a report of the investigation to the board of county
28 canvassers describing the investigation process and the reason for the discrepancy. ****
69th Legislature 2025 SB 58.1
- 2 - Authorized Print Version – SB 58
1 (4) A ballot that is not marked as official is void and may not be counted unless all judges on the
2 board agree that the marking is missing because of an error by election officials, in which case the ballot must
3 be marked "unmarked by error" on the back and must be initialed by all judges.
4 (5) If two or more ballots are folded or stuck together to look like a single ballot, they must be laid
5 aside until the count is complete. The counting board shall compare the count with the pollbooks, and if a
6 majority believes that the ballots folded together were marked by one elector, the ballots must be rejected and
7 handled as provided in 13-15-108, otherwise they must be counted.
8 (6) Only valid absentee ballots may be counted in an election conducted under this chapter.
9 (7) For the purpose of this chapter, a marked absentee ballot is valid only if:
10 (a) the elector's signature on the affirmation on the signature envelope is verified pursuant to 13-
11 13-241; and
12 (b) it is received before 8 p.m. on election day, except as provided in 13-21-206 and 13-21-226.
13 (8) (a) A ballot is invalid if:
14 (i) problems with the ballot have not been resolved pursuant to 13-13-245;
15 (ii) any identifying marks are placed on the ballot by the elector, which must result in the
16 immediate rejection of the ballot without notice to the elector; or
17 (iii) except as provided in subsection (8)(b), more than one ballot is enclosed in a single signature
18 or secrecy envelope.
19 (b) The provisions of subsection (8)(a)(iii) do not apply if:
20 (i) there are multiple elections being held at the same time and the envelope contains only one
21 ballot for each election; or
22 (ii) the signature envelope contains ballots from the same household, each ballot is in its own
23 secrecy envelope, and the signature envelope contains a valid signature for each elector who has returned a
24 ballot."
25
26 NEW SECTION. Section 2. [This act] is effective on passage and approval.
27 - END -