Montana § 13-15-403 Canvass To Be Public -- Nonessentials To Be Disregarded -- Investigation Of Discrepancies In Vote Counts

Montana Statutes

§ 13-15-403 — Canvass To Be Public -- Nonessentials To Be Disregarded -- Investigation Of Discrepancies In Vote Counts

Montana § 13-15-403

Title 13ELECTIONS

Ch. 15CANVASSING, RETURNS, AND CERTIFICATES

Part 4County Canvass

This text of Montana § 13-15-403 (Canvass To Be Public -- Nonessentials To Be Disregarded -- Investigation Of Discrepancies In Vote Counts) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 13-15-403 (2026).

Text

13-15-403 . Canvass to be public -- nonessentials to be disregarded -- investigation of discrepancies in vote counts.

(1)The canvass must be public. It must proceed by opening the returns, auditing the tally books or other records of votes cast, determining the vote for each individual and for and against each ballot issue from each precinct, compiling totals, comparing the number of votes cast to the number of electors and number of persons who voted, and declaring or certifying the results.

(2)The board shall record all write-in votes shown in the returns from each precinct.

(3)The returns may not be rejected because of failure to show who administered the oath to the election judges, failure to complete all the certificates in a pollbook, or failure of any other act making up the ret

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13-15-403 . Canvass to be public -- nonessentials to be disregarded -- investigation of discrepancies in vote counts. (1) The canvass must be public. It must proceed by opening the returns, auditing the tally books or other records of votes cast, determining the vote for each individual and for and against each ballot issue from each precinct, compiling totals, comparing the number of votes cast to the number of electors and number of persons who voted, and declaring or certifying the results.
(2) The board shall record all write-in votes shown in the returns from each precinct.
(3) The returns may not be rejected because of failure to show who administered the oath to the election judges, failure to complete all the certificates in a pollbook, or failure of any other act making up the returns that is not essential to determine for whom the votes were cast.
(4) If during a canvass the board finds that the votes returned for any candidate or ballot issue exceeds the number of electors or the total number of persons who voted in a precinct or finds any error in a precinct or precincts affecting the accuracy of vote totals, the board shall immediately investigate the discrepancy or error until the discrepancy or error is reconciled and documented or is determined to have no impact on the outcome of the election. However, the investigation must be concluded within 2 days. The board may require the election administrator to conduct a recount of the votes cast in a race or races, a ballot issue or ballot issues, or the precinct or precincts, as provided in 13-16-201 , or to inspect the ballots, as provided in 13-16-420 , as part of its investigation.

Legislative History

En. Sec. 181, Ch. 368, L. 1969; amd. Sec. 44, Ch. 365, L. 1977; R.C.M. 1947, 23-4011; amd. Sec. 159, Ch. 571, L. 1979; amd. Sec. 1, Ch. 19, L. 1987; amd. Sec. 15, Ch. 591, L. 1991; amd. Sec. 57, Ch. 56, L. 2009; amd. Sec. 1, Ch. 547, L. 2025.