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Rule: 44.3.1701 Prev     Up     Next    
Rule Title: EXAMINATION OF VOTING MACHINES AND DEVICES
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Department: SECRETARY OF STATE
Chapter: ELECTIONS
Subchapter: Voting Machines and Devices and Postelection Audit of Voting Machines
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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44.3.1701    EXAMINATION OF VOTING MACHINES AND DEVICES

(1) The secretary of state is empowered under 13-17-101, MCA, to approve voting machines and devices.

(2) Unless the context clearly requires otherwise, the following terms shall have the following meanings:

(a) "Applicant" means any person, county governing body, or business entity which has applied for inspection of a voting machine or device under these rules.

(b) "Automatic tabulating equipment" means and includes apparatus necessary to automatically examine and count votes as designated on ballots and data processing machines which can be used for counting ballots and tabulating results.

(c) "Ballot" includes paper ballots.

(d) "Device" means an apparatus used for voting by the process of marking of a ballot. Ballots are counted using automatic tabulating equipment.

(e) "Engineering change order" means a change to the voting system that does not affect the current federal certification, form, fit, or function of the voting system.

(f) "Examiners" means any or all persons having authority to conduct the examination under ARM 44.3.1701.

(g) "Interested party" includes all persons charged with any duty under the election laws of Montana, any manufacturer of or dealer in mechanical voting machines, voting devices or components thereof and agents of such manufacturer or dealer and any person otherwise affected by these rules.

(h) "Marking device" means any approved device for marking a paper ballot with ink or other substance which will enable the ballot to be tabulated by means of automatic tabulating equipment.

(i) "System" includes a self-contained mechanical voting machine or an electronic voting device and the individual components of each.

(j) "Voting machine" means a mechanical apparatus on which to cast votes.

(3) Such examination shall be conducted by the office of secretary of state, who may choose at least two Montana electors to assist with the examination.

(4) The examination shall be held on a day to be agreed upon by the applicant and the secretary of state.

(5) The place of examination shall be in the city of Helena, county of Lewis and Clark, state of Montana, at such location as may be agreed upon by the applicant and the secretary of state.

(6) Examination of voting machines and devices shall be made only upon application to the secretary of state. Such application shall be in writing on the form prescribed by the secretary of state and shall contain the information prescribed by the secretary of state.

(7) No application may be submitted to the secretary of state later than 90 days prior to the date of the election at which the machines are proposed to be used.

History: 13-1-202, 13-17-103, 13-17-107, MCA; IMP, 13-1-202, 13-17-101, 13-17-103, MCA; NEW, 1979 MAR p. 1693, Eff. 12/28/79; AMD, 1996 MAR p. 3221, Eff. 12/20/96; AMD, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2010 MAR p. 1545, Eff. 6/25/10; AMD, 2012 MAR p. 760, Eff. 4/13/12.


 

 
MAR Notices Effective From Effective To History Notes
44-2-180 4/13/2012 Current History: 13-1-202, 13-17-103, 13-17-107, MCA; IMP, 13-1-202, 13-17-101, 13-17-103, MCA; NEW, 1979 MAR p. 1693, Eff. 12/28/79; AMD, 1996 MAR p. 3221, Eff. 12/20/96; AMD, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2010 MAR p. 1545, Eff. 6/25/10; AMD, 2012 MAR p. 760, Eff. 4/13/12.
44-2-151 6/25/2010 4/13/2012 History: 13-1-202, 13-17-103, 13-17-107, MCA; IMP, 13-1-202, 13-17-101, 13-17-103, MCA; NEW, 1979 MAR p. 1693, Eff. 12/28/79; AMD, 1996 MAR p. 3221, Eff. 12/20/96; AMD, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2010 MAR p. 1545, Eff. 6/25/10.
10/27/2006 6/25/2010 History: 13-17-103, 13-17-107(1), MCA; IMP, 13-17-104, 13-17-107, MCA; NEW, 1979 MAR p. 1693, Eff. 12/28/79; AMD, 1996 MAR p. 3221, Eff. 12/20/96; AMD, 2006 MAR p. 2671, Eff. 10/27/06.
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