§ 13-13-241 — Examination Of Absentee Ballot Signature Envelopes -- Deposit Of Absentee And Unvoted Ballots -- Rulemaking

13-13-241 . Examination of absentee ballot signature envelopes -- deposit of absentee and unvoted ballots -- rulemaking. (1) (a) Upon receipt of each absentee ballot signature envelope, an election administrator shall compare the signature of the elector or elector's agent on the absentee ballot request or on the elector's voter registration form with the signature on the signature envelope and shall compare the date of birth of the elector from the elector's absentee ballot request form or from the elector's voter registration form with the date of birth listed of the elector on the signature envelope.
(b) If the elector is legally registered, the signature on the signature envelope matches the signature on the absentee ballot application or on the elector's voter registration form, and the date of birth on the signature envelope matches the date of birth of the elector on the elector's absentee ballot request form or from the elector's voter registration form, the election administrator or an election judge shall handle the ballot as an accepted ballot.
(c) (i) If the elector is provisionally registered and both the signature on the signature envelope matches the signature on the absentee ballot application or on the elector's voter registration form and the date of birth on the signature envelope matches the date of birth of the elector on the elector's absentee ballot request form or from the elector's voter registration form, the election administrator or an election judge shall open the outer signature envelope and determine whether the elector's voter identification and eligibility information, if enclosed pursuant to 13-13-201 , is sufficient pursuant to rules adopted under 13-2-109 to legally register the elector.
(ii) If the voter identification and eligibility information is sufficient to legally register the elector, the ballot must be handled as an accepted ballot.
(iii) If voter identification or eligibility information was not enclosed or the information enclosed is insufficient to legally register the elector, the ballot must be handled as a provisional ballot under 13-15-107 .
(2) If a voted absentee ballot has not been placed in a secrecy envelope, the election administrator shall place the ballot in a secrecy envelope without examining the ballot.
(3) In a primary election, if unvoted party ballots are returned by a voter, they must be separated and handled pursuant to 13-1-303 and 13-12-202 .
(4) If an elector's ballot is to be handled as a provisional ballot, the election administrator shall notify the absentee elector as provided in 13-13-245 .
(5) If the signature on the absentee ballot signature envelope does not match the signature on the absentee ballot request form or on the elector's voter registration form or if there is no signature on the absentee ballot signature envelope, the election administrator shall notify the elector as provided in 13-13-245 .
(6) If the date of birth on the signature envelope is missing or does not match the date of birth of the elector on the elector's absentee ballot request form or on the elector's voter registration form, the election administrator shall notify the elector as provided in 13-13-245 .
(7) If at any point there is a question concerning the validity of a particular ballot, the question must be resolved as provided in 13-13-245 .
(8) (a) Except as provided in subsection (9), after receiving an absentee ballot secrecy envelope and if the validity of the ballot is confirmed pursuant to 13-13-245 , then no sooner than 3 business days before election day, the election official may open the secrecy envelope and place the ballot in the proper, secured ballot box until tabulation occurs. Automatic tabulation using a vote-counting machine may not begin sooner than 1 day before election day. Tabulation using a manual count may not begin until election day.
(b) An election official may not conduct the process described in subsection (8)(a) on a Saturday or a Sunday.
(c) Ballot preparation as described in this subsection (8) is open to the public. Tabulation is open to the public as provided in 13-15-101 .
(d) Access to an electronic system containing early tabulation results is limited to the election administrator and the election administrator's designee. Results may not be released except as provided in 13-35-241 .
(9) For a county with fewer than 8,000 registered electors or fewer than 5,000 absentee electors at the close of regular registration, the ballot preparation process described in subsection (8)(a) may not begin sooner than 1 business day before election day.
(10) The election administrator shall safely and securely keep the absentee ballots in the election administrator's office until delivered by the election administrator to the election judges.
(11) The secretary of state shall develop administrative rules to establish the process and procedures to be used during the early preparation of ballots to ensure the security of the ballots and the secrecy of the votes during the early preparation period. The rules must include but are not limited to:
(a) the allowable distance from the observers to the judges and ballots;
(b) the security in the observation area;
(c) secrecy of votes during the preparation of the ballots; and
(d) security of the secured ballot boxes in storage until tabulation procedures begin.

Legislative History

En. Sec. 131, Ch. 368, L. 1969; amd. Sec. 5, Ch. 287, L. 1975; amd. Sec. 38, Ch. 365, L. 1977; R.C.M. 1947, 23-3713(1) thru (6); amd. Sec. 129, Ch. 571, L. 1979; Sec. 13-13-235, MCA 1979; redes. 13-13-241 by Code Commissioner, 1979; amd. Sec. 11, Ch. 298, L. 1987; amd. Sec. 8, Ch. 242, L. 1997; amd. Sec. 32, Ch. 475, L. 2003; amd. Sec. 13, Ch. 286, L. 2005; amd. Sec. 21, Ch. 273, L. 2007; amd. Sec. 25, Ch. 297, L. 2009; amd. Sec. 42, Ch. 242, L. 2011; amd. Sec. 2, Ch. 331, L. 2011; amd. Sec. 36, Ch. 336, L. 2013; amd. Sec. 13, Ch. 368, L. 2017; amd. Sec. 2, Ch. 151, L. 2019; amd. Sec. 2, Ch. 229, L. 2019; amd. Sec. 3, Ch. 390, L. 2025; amd. Sec. 5, Ch. 472, L. 2025.