Current through Register Vol. 6, March 22, 2024
(1) The processes
and procedures for early preparation of absentee ballots are conducted after
completion of or in conjunction with the processes and procedures in
13-13-241(1)
through (8), MCA.
(2) The following processes and procedures,
when implemented by the election administrator, are intended to ensure the
security of ballots and secrecy of votes during the early preparation of
ballots not sooner than the earliest time permitted by
13-13-241,
MCA. The election administrator shall ensure that the early absentee ballot
preparation area:
(a) permits observers to
view all procedures;
(b) is
arranged to ensure that observers do not interfere with the procedures, view
the votes cast on individual ballots, or knowingly or unintentionally
compromise the secrecy of the ballots;
(c) subject to (2)(a) and (2)(b), allows
observers to be located not less than 10 feet or more than 20 feet from the
boundaries of the area, or a distance determined by the election administrator
based on space constraints if these distances are not feasible; and
(d) only allows access by the following,
after they have taken and subscribed the official oath prescribed under Article
III, section 3 of the Montana constitution:
(i) officials preparing absentee ballots, who
must have identifying badges so that observers can clearly identify who is
authorized to prepare ballots; and
(ii) staff authorized by the election
administrator.
(3) The election administrator shall maintain
the security of the observation area as specified in (2) and by:
(a) ensuring that all individuals in the
observation area sign in before being permitted to be present ;
(b) prohibiting electronic recording devices
in the observation area; and
(c)
contacting local law enforcement officials upon the occurrence of any potential
or actual breach of security.
(4) The election administrator shall maintain
the secrecy of votes during the early preparation of absentee ballots by:
(a) following the procedures specified in (2)
and (3);
(b) requiring that
election officials open signature envelopes and secrecy envelopes in a manner
to ensure that the identity of the voter cannot be connected to the voter's
ballot, either by observers, by election officials, or by any authorized staff
participating in the early preparation process;
(c) directing election officials to place the
ballots in secure containers sealed with numbered security seals as necessary
and when the early preparation process is completed;
(d) handling the ballot as provided in
13-15-201,
MCA, for an elector who provides identifying information on the elector's
ballot and announcing that an elector has provided identifying information, but
not providing the elector's identity; and
(e) instructing election officials to secure
all absentee voting materials consistent with the procedures specified in
13-15-205,
MCA.
(5) An absentee
ballot early preparation reconciliation form:
(a) must be in the form prescribed by the
secretary of state;
(b) must be
provided upon request to any observer;
(c) must be completed as specified on the
form; and
(d) when completed, must
be posted in the early preparation area at the conclusion of early preparation
procedures.
(6)
Immediately after early preparation of absentee ballots and until ballot
counting begins , the prepared absentee ballots must be stored in secure
containers with numbered security seals and:
(a) must be placed in a secure location that
prevents unauthorized access;
(b)
must not be accessed except by at least two election officials acting together
who:
(i) are authorized by the county election
administrator;
(ii) have each taken
and subscribed the official oath prescribed under Article III, section 3 of the
Montana constitution; and
(iii)
sign a log sheet each time that they access the secured
ballots.
(7)
Election administrators shall maintain and make available for public inspection
a security log in a form prescribed by the secretary of state that accurately
tracks seals placed on and removed from any early preparation absentee ballot
container.
(8) Nothing in this rule
shall be construed to permit an election official to count absentee ballots or
other ballots before the time permitted by statute.
AUTH:
13-13-241,
MCA; IMP:
13-13-241,
MCA