By Request of the (S) Joint Select Committee on Election Security
A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING CAST VOTE RECORDS FOR ALL federal ELECTIONS; providing for a fee to obtain certain records; providing definitions; creating a grant program; providing rulemaking AUTHORITY; establishing reporting requirements; providing an appropriation; and PROVIDING AN EFFECTIVE DATE and a termination date."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Cast vote record requirement -- availability -- retention -- fee for public documents. (1) The cast vote record function must be activated in all voting systems at all times during all federal elections.
(2) The cast vote records generated during an a federal election:
(a) must be saved and must be retained in a secure manner for 7 years;
(b) must be retained for legitimate purposes; and
(c) are not not public records.
(3) This provision does not apply to counties that exclusively hand count all ballots.
(4) The secretary of state shall provide to the public copies of all court findings and pleadings of public record in any court proceeding that is filed pursuant to this section and shall charge a fee for paper copies that is commensurate with the cost of obtaining, printing, and distributing the public documents.
(3)(5) For the purpose of this section, the following definitions apply:
(a) "Cast vote record" means a tally of the votes cast on an individual ballot. The term does not include an image of an individual ballot.
(b) "Cast vote record function" means the feature in a voting system that allows the cast vote record to be generated.
(c) "Legitimate purposes" means a court finding that there is probable cause to believe a violation of Title 13, chapter 35, parts 1 and 2, has occurred and that the cast vote record is relevant to the determination of whether the violation occurred.
NEW SECTION. Section 2. Grant program -- rulemaking -- reporting requirement. (1) (a) There is a grant program administered by the secretary of state for the purpose of providing supplemental funds to the counties that need to purchase a computer and software in order to comply with the requirements of [section 1].
(b) The grant program is only available to the counties that need to purchase the required computer and software needed to comply with the requirements of [section 1].
(2) (a) Counties shall apply first for a Help America Vote Act subgrant through the secretary of state's office, if available and allowable, before applying for supplemental funds from the grant program established in subsection (1).
(b) Counties that have received a Help America Vote Act subgrant to purchase the required computer and software may apply to the secretary of state for supplemental funds from the grant program established in subsection (1) to cover any match requirements of the subgrant.
(c) If a county applies for a Help America Vote Act subgrant through the secretary of state's office but does not receive the subgrant because the expense is not allowable or because money is no longer available, the county may apply to the grant program established in subsection (1) for the full amount needed to purchase the required computer and software.
(d) The secretary of state shall adopt rules to implement the provisions of this section.
(3) In accordance with 5-11-210, the secretary of state shall report annually to the state administration and veterans' affairs interim committee on the status of the grant program, including which counties have received funds, how much has been distributed to those counties, and how much money remains in the grant program fund.
NEW SECTION. Section 3. Appropriation. There is appropriated $239,220 from the general fund to the secretary of state for the biennium beginning July 1, 2023, for the purpose of funding the grant program established in [section 2]. Any funds not used for the grant program at the end of the biennium revert to the general fund.
NEW SECTION. Section 4. Codification instruction. [Section 1 Sections 1 and 2] is are intended to be codified as an integral part of Title 13, chapter 13, part 1, and the provisions of Title 13, chapter 13, part 1, apply to [section 1 sections 1 and 2].
NEW SECTION. Section 5. 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 SECTION. Section 6. Effective date. [This act] is effective July 1, 2023.
NEW SECTION. Section 7. Termination. [Section 2] terminates June 30, 2025.