Montana 2025 Regular Session

Montana Senate Bill SB8 Latest Draft

Bill / Introduced Version

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1 SENATE BILL NO. 8
2 INTRODUCED BY W. MCKAMEY
3 BY REQUEST OF THE STATE ADMINISTRATION AND VETERANS' AFFAIRS INTERIM COMMITTEE
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT ALLOWING ONLINE VOTER REGISTRATION; PROVIDING 
6 REQUIREMENTS FOR APPLICANTS; PROVIDING A PROCESS FOR ADDING APPLICANTS TO THE 
7 STATEWIDE VOTER REGISTRATION SYSTEM; PROVIDING RULEMAKING AUTHORITY; AMENDING 
8 SECTION 13-2-110, MCA; AND PROVIDING A DELAYED EFFECTIVE DATE.”
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10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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12 NEW SECTION. Section 1. Online voter registration -- rulemaking. (1) The secretary of state shall 
13 create and maintain an online system for voter registration that is publicly available on the secretary of state's 
14 official website and includes an application form for voter registration that meets the requirements of 13-1-210.
15 (2) An applicant for voter registration shall:
16 (a) attest to the truth of the information provided on the application by affirmatively accepting the 
17 information as true;
18 (b) affirmatively consent to the use of the signature on the applicant's Montana driver's license or 
19 state identification card for voter registration purposes;
20 (c) provide the information required under 13-2-110; and
21 (d) provide the number and date of issuance of the applicant's Montana driver's license or state 
22 identification card.
23 (3) An applicant using the online system for voter registration pursuant to this section is not 
24 required to complete a paper registration form.
25 (4) (a) When an applicant for voter registration submits an application under this section, the 
26 secretary of state shall compare the information provided by the applicant against motor vehicle records as 
27 defined in 61-11-503.
28 (b) If any information provided by the applicant does not match motor vehicle records, the  **** 
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1 secretary of state shall:
2 (i) reject the application; and
3 (ii) provide written notification of the reason for the rejection to the applicant.
4 (5) (a) After the secretary of state has verified an application, the secretary of state shall add the 
5 information to the statewide voter registration system provided for in 13-2-107 and send the information to the 
6 county election administrator for the county in which the applicant resides.
7 (b) Before adding an applicant to the county's voter list, the county election administrator may 
8 challenge the applicant's signature and request additional versions of the signature.
9 (c) After an applicant's signature has been verified and the applicant has been determined to be a 
10 legally registered elector, the county election administrator shall mail to the elector a notice confirming 
11 registration and giving the location of the elector's polling place, in accordance with 13-2-207.
12 (6) The secretary of state shall ensure that the online system for voter registration established in 
13 subsection (1) is designed so that it will not accept applications beginning at 11:59 p.m. on the 30th day before 
14 an election in accordance with 13-2-301.The website must resume accepting applications on the day following 
15 an election.
16 (7) The secretary of state shall adopt rules to implement this section.
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18 Section 13-2-110, MCA, is amended to read:
19 "13-2-110. Application for voter registration -- sufficiency and verification of information -- 
20 (1) An individual may apply for voter registration in person or by 
21 mail, postage paid, by completing and signing the standard application form for voter registration provided for in 
22 13-1-210 and providing the application to the election administrator in the county in which the elector resides.
23 (2) Each application for voter registration must be accepted and processed as provided in rules 
24 adopted under 13-2-109.
25 (3) Except as provided in subsection (4), an applicant for voter registration shall provide the 
26 applicant's:
27 (a) Montana driver's license number;
28 (b) Montana state identification card number issued pursuant to 61-12-501; or **** 
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1 (c) the last four digits of the applicant's social security number.
2 (4) (a) If an applicant is unable to provide information in accordance with subsection (3), the 
3 applicant shall provide as an alternative form of identification:
4 (i) a military identification card, a tribal photo identification card, a United States passport, or a 
5 Montana concealed carry permit; or
6 (ii) (A) any other form of photo identification, including but not limited to a school district or 
7 postsecondary education photo identification with the individual's name; and
8 (B) a current utility bill, bank statement, paycheck, government check, or other government 
9 document that shows the individual's name and current address.
10 (b) The alternative form of identification must be:
11 (i) an original version presented to the election administrator if the applicant is applying in person; 
12 or
13 (ii) a readable copy of any of the required documents, which must be enclosed with the 
14 application, if the applicant is applying by mail.
15 (5) (a) If information provided on an application for voter registration is sufficient to be accepted 
16 and processed and is verified pursuant to rules adopted under 13-2-109, the election administrator shall 
17 register the elector as a legally registered elector.
18 (b) If information provided on an application for voter registration was sufficient to be accepted but 
19 the applicant failed to provide the information required in subsection (3) or (4) or if the information provided was 
20 incorrect or insufficient to verify the individual's identity or eligibility to vote, the election administrator shall 
21 register the applicant as a provisionally registered elector.
22 (6) Each applicant for voter registration must be notified of the elector's registration status pursuant 
23 to rules adopted under 13-2-109.
24 (7) The secretary of state shall assign to each elector whose application was accepted a unique 
25 identification number for voting purposes and shall establish a statewide uniform method to allow the secretary 
26 of state and local election officials to distinguish legally registered electors from provisionally registered 
27 electors.
28 (8) The provisions of this section may not be interpreted to conflict with voter registration  **** 
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1 accomplished under 13-2-221, 13-21-221, [section 1], and 61-5-107 and as provided for in federal law."
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3 NEW SECTION. Section 3. Notification to tribal governments. The secretary of state shall send a 
4 copy of [this act] to each federally recognized tribal government in Montana.
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6 NEW SECTION. Section 4. Codification instruction. [Section 1 ] is intended to be codified as an 
7 integral part of Title 13, chapter 2, part 2, and the provisions of Title 13, chapter 2, part 2, apply to [section 1].
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9 NEW SECTION. Section 5. Effective date. [This act] is effective January 1, 2026.
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