A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING THE MONTANA BALLOT INTERFERENCE PROTECTION ACT; PROVIDING FOR BALLOT
COLLECTION; REVISING EXCEPTIONS FOR BALLOT COLLECTION;
ESTABLISHING REQUIREMENTS FOR BALLOT COLLECTION; REQUIRING THE
SECRETARY OF STATE TO MAINTAIN REGISTRIES A
registry FOR BALLOT
COLLECTION REGISTRATION AND BALLOT COLLECTION AND CONVEYANCE; ESTABLISHING A PROCESS TO
REQUEST INFORMATION STORED IN REGISTRIES the registry; REVISING PENALTIES FOR BALLOT
COLLECTION; REQUIRING IMPROPERLY COLLECTED BALLOTS BE TREATED AS PROVISIONAL BALLOTS; PROVIDING
THE SECRETARY OF STATE WITH RULEMAKING AUTHORITY; AMENDING SECTIONS 13-35-702, 13-35-703, 13-35-704, AND 13-35-705, MCA; and PROVIDING
IMMEDIATE a delayed EFFECTIVE DATE."
(c) shall register with the election administrator in each
county where the individual intends to collect and convey
ballots under 13-35-703(2)(f) prior to collecting any ballot other than their
own by providing the election administrator with the
(ii) mailing address;
(v) any entity the individual is affiliated with in collecting and conveying ballots as an authorized individual under 13-35-703(2)(f). The individual shall also report the entity's name, place of business, and mailing address.
(d) must provide the elector whose ballot the individual collects with a receipt of collection at the time the individual collects the elector's ballot. The secretary of state shall provide the receipt.
(2) Each election administrator shall report to the secretary of state the registration information under subsection (1)(c) within a timeframe established by the secretary of state in rules adopted in accordance with subsection (4).
(2) "Caregiver" means an individual who provides medical or health care assistance to the voter in a residence, nursing care institution, hospice facility, assisted living center, assisted living home, residential care institution, adult day health care facility, or adult foster care home.
member" means an individual who
is related to the voter by blood, marriage, adoption, or legal
guardianship a voter's spouse, an individual related to the voter by
consanguinity or adoption within the second degree, an individual related to the voter's spouse
by affinity or adoption within
the second degree, or the legal guardian for a voter.
(3) An individual authorized to collect a voter's ballot pursuant to subsections (2)(c) through (2)(f) may not collect and convey more than six ballots. An individual authorized to collect a voter's ballot pursuant to subsections (2)(c) through (2)(f) subsection (2)(c) shall comply with the requirements of 13-35-704 and [section 1], if applicable, or is subject to penalties established in 13-35-705."
"13-35-704. Record of delivery. (1) (a) An individual permitted to collect and convey a ballot under 13-35-703(2)(c) through (2)(f) 13-35-703(2)(c) shall sign a ballot collection and conveyance registry for each ballot delivered when delivering the ballot to the polling place, a place of deposit, place or the election administrator's office.
(v) a signed form from the voter conveying permission for the individual's ballot to be collected. An election administrator shall ensure that the signature on the form is verified and shall compare the signature of the voter with the voter's voter registration form or with the signature on the signature envelope.
(3) Each election administrator shall keep an official registry in the statewide ballot collection and conveyance registry established in accordance with subsection (2). Each election administrator shall report the information for each entry under subsection (1) to the registry in a time and manner established by the secretary of state.
(6) For a voter whose information is protected from general distribution under 13-2-115(6) or (7), the secretary of state or an election administrator may not include the voter's residential address on any register, list, mailing labels, or available extracts and reports, but may list the voter's name."
(2) A ballot collected and conveyed in violation of this part must be treated as a provisional ballot under 13-15-107, and the election administration shall give notice to the voter as required in accordance with 13-13-245."
Section 6. .
NEW SECTION. Section 7. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.
New language in a bill appears underlined, deleted material appears stricken.
Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted.
See the status of this bill for the bill's primary sponsor.
Prepared by Montana Legislative Services