Administrative Rules of Montana
Department 44 - SECRETARY OF STATE
Chapter 44.3 - ELECTIONS
Subchapter 44.3.1 - Voting Accessibility
Rule 44.3.116 - ELECTRONIC TRANSMISSION OF VOTING MATERIALS
Universal Citation: MT Admin Rules 44.3.116
Current through Register Vol. 6, March 22, 2024
(1) County election administrators shall allow electors with disabilities, as defined in 13-3-202, MCA, to receive election materials electronically as long as the security of transmission and identity of each elector is confirmed and facilities are available to maintain the accuracy, integrity, and secrecy of the ballot process. The following procedures shall be followed, wherever applicable, in regard to the transition of election materials from the election administrator to electors electronically:
(a) A county
election administrator must use a system that is secure from unauthorized
access.
(b) When an election
administrator receives a valid application for electronic transmission of a
ballot from an elector with disabilities, the election administrator shall,
subject to (1), e-mail the elector the ballot, instructions to the elector, and
a transmittal cover sheet that includes an elector affirmation. A ballot
secrecy envelope or page and a ballot signature envelope shall be provided
either electronically or through the mail to each elector with a valid
application for electronic ballot. The original ballot shall be retained in a
secure absentee envelope or container for that purpose.
(c) The election administrator shall keep an
official log of all ballots transmitted electronically.
(d) After the voted ballot and affirmation
are received at the office of the election administrator, the transmittal cover
sheet with affirmation must be retained in a sealed envelope or container
separately from the ballot.
(e) No
sooner than the time permitted for preparation of ballots pursuant to
13-13-241(7),
MCA, the election administrator shall have the returned ballots transcribed
using the procedure prescribed below. If the received ballot is acceptable
pursuant to the requirements of
13-13-246,
MCA, the election administrator shall:
(i) if
the ballot was returned in a secrecy envelope, without opening the secrecy
envelope containing the voted ballot, log in the receipt of the ballot and
place it in the secure absentee envelope or container with the original ballot;
or
(ii) if the ballot was returned
using a secrecy page, to ensure the ballot is not revealed to anyone, place the
printed electronically submitted ballot and secrecy page into an appropriate
envelope and then place it in the secure absentee envelope or container with
the original ballot.
(f)
On the day before election day or on election day, the election administrator
shall have the returned ballots transcribed using the procedure prescribed
below.
(g) The voted ballot must be
transcribed in a manner that ensures that no one transcribing the ballot has
access to the name of the elector who voted the ballot.
(h) No less than three election officials
shall participate in the transcription process to transfer the elector's votes
from a received ballot, as applicable, to the standard ballot used in the
precinct.
(i) An electronically
transmitted ballot identifying number shall be written on the original
transcribed ballot, the envelope containing the voted ballot and the
electronically transmitted ballot, and in the official transcription
log.
(j) The election officials who
transcribed the electronically transmitted ballot shall sign the log for each
ballot they transcribe.
(k) No one
participating in the electronic ballot transmission or transcription process
may reveal any information about the elector's identity or the votes on the
elector's ballot.
AUTH: 13-13-246, MCA; IMP: 13-13-246, MCA
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