2017 Montana Legislature

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HOUSE BILL NO. 532

INTRODUCED BY K. ABBOTT

 

A BILL FOR AN ACT ENTITLED: "AN ACT ALLOWING ELECTRONIC VOTER REGISTRATION FOR QUALIFIED MONTANA ELECTORS POSSESSING A VALID DRIVER'S LICENSE OR A STATE OR TRIBAL IDENTIFICATION CARD; PROVIDING RULEMAKING AUTHORITY; AMENDING SECTIONS 13-2-109 AND 13-2-205, MCA; AND PROVIDING A DELAYED EFFECTIVE DATE."

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

     Section 1.  Section 13-2-109, MCA, is amended to read:

     "13-2-109.  Rulemaking on sufficiency and verification of voter registration information. (1) The secretary of state shall adopt rules:

     (a)  to implement the provisions of 13-2-110, [section 2], and this section concerning how election administrators determine whether the information provided by an elector on an application for voter registration is:

     (i)  sufficient to be accepted and processed; or

     (ii) insufficient to be accepted and processed;

     (b)  establishing procedures for verifying the accuracy of voter registration information;

     (c)  establishing standards for determining whether an elector may be legally registered or provisionally registered and the effect of that registration on identification requirements; and

     (d)  establishing procedures for notifying electors about the status of their applications and registration.

     (2)  The rules may not conflict with 42 U.S.C. 15301, et seq., or 13-2-208."

 

     NEW SECTION.  Section 2.  Electronic voter registration -- optional tribal participation -- rulemaking authority. (1) An individual who has a current Montana driver's license, a state identification card issued pursuant to 61-12-501, or a tribal identification card subject to subsection (6) and who meets the requirements of 13-1-111 or 13-2-205 may submit a voter registration application electronically through a secure online system maintained by the secretary of state.

     (2) An application under this section may not be made after the close of regular voter registration under 13-2-301.

     (3) The electronic application must require the applicant to:

     (a) affirmatively attest to the truth of the information provided on the application; and

     (b) affirmatively assent to the secretary of state's use of the applicant's signature on the driver's license, state identification card, or tribal identification card, subject to subsection (6), for voter registration purposes.

     (4) If the applicant has affirmatively assented pursuant to subsection (3)(b), the secretary of state shall obtain from the state agency responsible for issuing the driver's license or state identification card or from the tribal government, subject to subsection (6), a digital copy of the applicant's signature.

     (5) The provisions of 13-2-110(5) through (8) apply to voter registration applications under this section.

     (6) The provisions of this section related to tribal identification cards apply to tribal members and tribal governments only if the tribal government has entered into an agreement with the secretary of state to participate under the provisions of this section and the rules adopted under subsection (7).

     (7) The secretary of state shall adopt rules that provide any additional measures necessary to ensure the accuracy, integrity, and security of voter registration applications and signatures submitted electronically.

 

     Section 3.  Section 13-2-205, MCA, is amended to read:

     "13-2-205.  Procedure when prospective elector not qualified at time of registration. An individual who is not eligible to register because of residence or age requirements but who will be eligible on or before election day may apply for voter registration pursuant to 13-2-110 or [section 2] and be registered subject to verification procedures established pursuant to 13-2-109."

 

     NEW SECTION.  Section 4.  Notification to tribal governments. The secretary of state shall send a copy of [this act] to each tribal government located on the seven Montana reservations and to the Little Shell Chippewa tribe.

 

     NEW SECTION.  Section 5.  Codification instruction. [Section 2] is intended to be codified as an integral part of Title 13, chapter 2, part 2, and the provisions of Title 13, chapter 2, part 2, apply to [section 2].

 

     NEW SECTION.  Section 6.  Effective date. [This act] is effective January 1, 2018.

- END -

 


Latest Version of HB 532 (HB0532.01)
Processed for the Web on February 20, 2017 (5:43pm)

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