44.3.2710    DISPOSITION OF BALLOTS RETURNED AS UNDELIVERABLE

(1) The election administrator follows the procedures in 13-19-313 and 13-13-245, MCA, for mail ballots returned by the post office as undeliverable and files and securely retains said ballots.

(2) Whenever election officials are notified by an elector that the elector has not received a ballot, they may:

(a) check the ballots which have been returned as undeliverable;

(b) if the elector's ballot is found there, then deliver it to the elector, either in person or by mail, after the elector updates the elector's address by submitting a new voter registration card or other written update of the elector's address, either in person or by mail; and

(c) document the action taken in a log maintained for that purpose or in the statewide voter registration system.

(3) Redelivery of a ballot which had been returned as undeliverable is not synonymous to providing a replacement ballot.

(4) The retention and disposition of undeliverable ballots shall be as provided by law for all election materials.

History: 13-19-105, MCA; IMP, 13-19-313, MCA; NEW, 1985 MAR p. 1020, Eff. 7/26/85; AMD, 1990 MAR p. 308, Eff. 2/9/90; AMD and TRANS, from 44.9.306, 2012 MAR p. 760, Eff. 4/13/12.