HOUSE BILL NO. 241
INTRODUCED BY B. THOMAS
AN ACT CLARIFYING HOW INSTRUCTIONS ON PREPARING A BALLOT ARE PROVIDED TO VOTERS; REQUIRING THAT THE ELECTOR GET A NEW BALLOT IF THE INITIAL BALLOT IS SPOILED; AND AMENDING SECTION 13-13-117, MCA.
WHEREAS, most counties use some form of voting or tabulating machines; and
WHEREAS, it is confusing to the elector to be required to mark one ballot one way and mark another ballot another way.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 13-13-117, MCA, is amended to read:
"13-13-117. Method of voting. (1) On Upon receipt of his a ballot, the an elector must shall
immediately retire to one of the booths and prepare his the elector's ballot.
(2) He The elector shall prepare his the ballot by marking an "x" in the square before the name of
the individual or individuals for whom he intends to vote.
(3) If the ballot contains a ballot issue, he shall mark an "x" in the applicable square indicating his
vote either for or against the issue.
(4) The elector may write the name of an individual for whom he wishes to vote in the blank space
or affix a preprinted label in the blank space and may vote for that individual by marking an "x" before
the name. When the ballot is marked in this manner, it must be counted the same as though the name
were printed upon the ballot and marked by the elector, except as provided in 13-15-202.
(5) An elector voting a ballot that will be counted by an optical scan ballot tabulating device shall
mark his ballot in the manner prescribed on his ballot. However, his ballot must not be invalidated if he
marks the voting positions with an "x".
(6) After preparing his ballot, the elector must fold it so the face of the ballot will be concealed and
the official stamp may be seen and hand it to the election judges.
(7) in the manner prescribed in the instructions for electors provided pursuant to 13-13-112.
(3) The elector may vote for a write-in candidate by marking the ballot in a manner consistent with the instructions provided by the election administrator pursuant to 13-13-112. Except as provided in 13-15-202, a ballot marked for a write-in candidate in accordance with the appropriate instructions must be counted as if the name of the write-in candidate had been printed on the ballot.
(4) The judge receiving the ballots shall remove the stubs in sight of the elector and deposit each
ballot in the ballot box and each stub in a box for detached stubs. The judge must shall place the ballots
in the ballot box immediately without opening or examining them.
(8)(5) No individual except an election judge may put a ballot, any paper resembling a ballot, or
anything other than a ballot in a ballot box.
(9)(6) Any An elector who spoils his the elector's ballot may must, on returning the spoiled ballot,
receive another in place of it."
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Latest Version of HB 241 (HB0241.ENR)
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