HOUSE BILL NO. 362
INTRODUCED BY T. SCHMIDT
AN ACT CLARIFYING FEDERAL WRITE-IN ABSENTEE BALLOT PROVISIONS FOR OVERSEAS UNITED STATES SERVICE MEMBERS; ALLOWING THE FEDERAL WRITE-IN ABSENTEE BALLOT TRANSMISSION ENVELOPE TO BE USED AS A VOTER REGISTRATION FORM AND AS AN APPLICATION FOR A REGULAR ABSENTEE BALLOT IN CERTAIN CIRCUMSTANCES; AMENDING SECTIONS 13-2-212, 13-13-212, 13-13-271, AND 13-13-273, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 13-2-212, MCA, is amended to read:
"13-2-212. Registration of electors in the United States service. (1) An elector in the United States service who is
absent from the state and the county of which he the elector is a resident may register by mailing to the election
administrator: with the election administrator in the elector's county of residence as follows:
(a) by the close of registration provided for in 13-2-301, by using:
(a)(i) the voter registration form, filled out and signed; or
(b)(ii) the federal post card application, filled out and signed; or
(iii) if eligible, the federal write-in ballot as provided in 13-13-271(3).;
(b) after the close of registration, only by federal post card application, which must be received by the election administrator by noon on the day before the election.
(2) The form of the federal post card application, which may be used both as an application for registration and for a
ballot, shall must be prescribed by the secretary of state.
(3) An elector in the United States service who is absent from the state and county of which he is a resident may register
to vote by federal post card application and vote by federal write-in absentee ballot for the next primary or general election
up to noon on the day before the election."
Section 2. Section 13-13-212, MCA, is amended to read:
"13-13-212. Application for absentee ballot -- special provisions. (1) Application An elector may apply for an
absentee ballots ballot must be made by a making a written request, signed by the applicant, and addressed to or transmitted
by facsimile to the election administrator of the applicant's county of residence within the time period specified in 13-13-211.
(2) Application for an absentee ballot may be made by any An elector in the United States service absent from the state
and county in which the elector is registered may apply for an absentee ballot as follows:
(a) as provided in subsection (1);
(b) by using the federal postcard application or by any written request signed by the applicant and addressed to or
transmitted by facsimile to the election administrator of the applicant's county of residence and made within the time period
specified in 13-13-211; or
(c) if eligible, by using the federal write-in ballot as provided in 13-13-271(3).
(3) (a) If an elector requests an absentee ballot because of a sudden illness or health emergency, the application for an absentee ballot may be made by written request signed by the elector at the time that the ballot is delivered in person by the special absentee election board provided for in 13-13-225.
(b) The elector may request by telephone, facsimile transmission, or other means to have a ballot and application personally delivered by the special absentee election board at the elector's place of confinement, hospitalization, or residence within the county.
(c) A request may be made no later than under this subsection (3) must be received by the election administrator by noon
on election day.
(4) An elector who has made a request for an absentee ballot by one of the methods provided in this section may, in the event of the death of a candidate after the primary election but before the general election, make a request for a replacement ballot. The request for a replacement ballot may be made orally to the election administrator."
Section 3. Section 13-13-271, MCA, is amended to read:
"13-13-271. Federal write-in absentee ballot -- qualifications. (1) An elector qualified by in the United States
service, as defined in 13-2-211, who is overseas, has applied for a regular absentee ballot as provided in 13-13-212 or
subsection (3) of this section, and fears his regular absentee that the elector might not receive a regular ballot might not
arrive in time to vote and return it to the election administrator of the county of his residence and registration may also vote
a federal write-in absentee ballot as provided in 13-13-272.
(2) The federal write-in absentee ballot is available to military personnel and civilians overseas through the same source that provides federal post card application forms and is only valid for federal elections.
(3) Except as provided in 13-2-212(3), the elector shall apply for a regular absentee ballot as provided in 13-13-212(2)
not less than 30 days before the general election An overseas elector in the United States service may use a federal write-in
absentee ballot transmission envelope to register to vote and to apply for a regular absentee ballot if the envelope is received
by the election administrator not less than 30 days before the election and the envelope has been properly completed and
signed.
(4) As used in this section, "overseas" means outside the territorial limits of the United States and does not mean any location within the continental United States, Alaska, Hawaii, or Guam."
Section 4. Section 13-13-273, MCA, is amended to read:
"13-13-273. Counting of federal write-in absentee ballots. (1) A federal write-in absentee ballot must be counted if:
(a) the condition in 13-13-271(3) has been met election administrator received the elector's application for a regular
absentee ballot not less than 30 days before the election;
(b) the election administrator has not received a regular absentee ballot has not been received from the elector by 8 p.m.
election day;
(c) it has not been submitted from any location within the continental United States, Alaska, Hawaii, or Guam; and
(d) it is received by 8 p.m. election day.
(2) Federal write-in absentee ballots received before the close of the polls election day will not be counted until the polls have closed."
Section 5. Effective date. [This act] is effective on passage and approval.
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Latest Version of HB 362 (HB0362.ENR)
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