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 FOR BALLOT COLLECTION REGISTRATION AND BALLOT COLLECTION AND CONVEYANCE; ESTABLISHING A PROCESS TO REQUEST INFORMATION STORED IN REGISTRIES; REVISING PENALTIES FOR BALLOT COLLECTION; REQUIRING IMPROPERLY COLLECTED BALLOTS BE TREATED AS PROVISIONAL BALLOTS; PROVIDING THE SECRETARY OF STATE WITH RULEMAKING AUTHORITY; AMENDING SECTIONS 13-35-703, 13-35-704, AND 13-35-705, MCA; and PROVIDING AN IMMEDIATE 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 individual's:
(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).
(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) 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) 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."
NEW SECTION. Section 6. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 13, chapter 35, part 7, and the provisions of Title 13, chapter 35, part 7, apply to [section 1].
NEW SECTION. Section 8. 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