HOUSE BILL NO. 241
INTRODUCED BY B. RYAN, E. FRANKLIN, J. LYNCH, J. TROPILA
AN ACT ALLOWING ELECTION ADMINISTRATORS TO ACCOMPLISH REGISTRATION AND VOTING ACTIONS THROUGH THE INTERNET FOR OVERSEAS ELECTORS IN THE UNITED STATES SERVICE; REMOVING AN EXCEPTION FOR ACCEPTING FACSIMILE BALLOTS AFTER THE POLLS CLOSE; AMENDING SECTIONS 13-13-276, 13-13-277, AND 13-13-278, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 13-13-276, MCA, is amended to read:
"13-13-276. Legislative findings and purpose. The legislature finds that the increased use of facsimile transmissions
and the internet has encouraged the possibility of absentee voter registration and the sending and receiving of absentee
ballots by facsimile and electronically through the internet. The legislature also finds that while federal law encourages but
does not require the use of facsimile transmissions and the internet in federal elections, there is sufficient reliability in
facsimile and internet technology and there is sufficient evidence that absentee facsimile and internet voting would be of
benefit to electors in the United States service to provide for absentee registration and voting by facsimile and electronically
through the internet. It is the purpose of 13-13-276 through 13-13-278 to allow for absentee voter registration and voting
by facsimile and electronically through the internet for overseas electors in the United States service, while recognizing that
state and local election officials have the responsibility to maintain the accuracy, integrity, and secrecy of the election
process and the individual election ballot. It is the purpose of the legislature to allow facsimile and internet voting for
electors in the United States service but to continue to ensure that voting security is maintained for the ultimate purpose of
preventing election fraud and maintaining the validity of the election process."
Section 2. Section 13-13-277, MCA, is amended to read:
"13-13-277. Registration and voting by facsimile and internet authorized. Notwithstanding other provisions of this
title, each election administrator may, in any primary election, general election, and special election, take the following acts
by facsimile transmission, if facsimile facilities are available, or electronically through the internet for overseas electors in the
United States service, if internet facilities that provide for secrecy are available, in place of the use of the public mails when
requested by an elector or, for the purposes of registration under subsection (1), an individual intending to become an
elector, in the United States service, as defined in 13-2-211:
(1) register an individual to vote;
(2) give notice of registration;
(3) receive requests for an absentee ballot;
(4) transmit absentee ballots to electors; and
(5) receive absentee ballots from electors."
Section 3. Section 13-13-278, MCA, is amended to read:
"13-13-278. Adoption of rules -- acceptance of funds. (1) The secretary of state shall adopt reasonable rules under
the rulemaking provisions of the Montana Administrative Procedure Act to implement 13-13-277. The rules are binding
upon election administrators. The rules must require compliance with the same time requirements or deadlines as for
registration and voting by absentee ballot by use of the public mails, except that the rules may provide for different times for
the acceptance of facsimile ballots after the closing of the polls. The rules must maintain the accuracy, integrity, and secrecy
of the ballot process and must allow registration and voting by facsimile through use of a private corporation or other
private entity for transmission of facsimile messages only if the secretary of state finds that the use is essential to the
purposes of 13-13-276 through 13-13-278.
(2) The secretary of state may apply for and receive a grant of funds from any agency or office of the United States government or from any other public or private source and may use the money for the purpose of implementing 13-13-276 through 13-13-278."
Section 4. Effective date. [This act] is effective on passage and approval.
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Latest Version of HB 241 (HB0241.ENR)
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