House Bill No. 227

Introduced By kottel

A Bill for an Act entitled: An Act clarifying that election material packages may be disposed of after they have been opened; clarifying that election materials must be disposed of as provided in the election administrator's plan; and amending section

13-1-303, MCA.

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 13-1-303, MCA, is amended to read:

"13-1-303.   Disposition of ballots and other election materials. (1) The voted ballots, detached stubs, unvoted ballots, and unused ballots from an election shall must be kept in the unopened packages received from the election judges for a period of 12 months. Such The packages may be opened only when an order for opening is given by the proper official for a recount procedure. After 12 months, if there is no contest begun, recount pending, or appeal of a decision relating to a contest or recount, an election administrator may destroy dispose of the ballots without opening the packages according to a plan approved by the secretary of state.

(2)  The secretary of state, in consultation with the state records committee, shall prepare a suggested plan for retention and destruction of all other election records. Each election administrator shall prepare a plan for retention and destruction of election records in the county and shall submit it to the secretary of state for approval. After approval of such a plan, records may be destroyed disposed of as provided in the plan."