13-19-104. Mail ballot elections not mandatory -- when authorized -- when prohibited. (1) Conducting elections by mail ballot is only one option available to local officials and nothing in this chapter mandates that the procedure be used.
     (2) The following elections may be conducted by mail ballot:
     (a) an election in a political subdivision required to hold annual elections under 13-1-104(3);
     (b) an election in a city of the third class, as defined in 7-1-4111(3), if all of the candidates whose names will appear on the ballot are candidates for offices to be elected without party designation;
     (c) an election in a town as defined in 7-1-4111(4);
     (d) an election conducted under 7-13-2236 in an unincorporated area; and
     (e) a special election called by a local government unit for the sole purpose of submitting one or more ballot issues to its qualified electors if such special election is not held in conjunction with a statutorily scheduled election.
     (3) The following elections may not be conducted by mail ballot:
     (a) an election held for one of the purposes or at the time provided in 13-1-104(1) and 13-1-107(1);
     (b) an election held for one of the purposes or at the time provided in 13-1-104(2) and 13-1-107(2), except as specifically allowed by subsections (2)(b) and (2)(c) of this section;
     (c) an election being held under the provisions of the Montana Recall Act, in Title 2, chapter 16, part 6;
     (d) an election involving candidates for public office, except as specifically allowed by subsections (2)(a) through (2)(c) of this section; and
     (e) a special election being held in conjunction with a statutorily scheduled election.

     History: En. Sec. 4, Ch. 196, L. 1985; amd. Sec. 2, Ch. 10, L. 1987.