Montana Administrative Register Notice 44-2-251 No. 22   11/19/2021    
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In the matter of the amendment of ARM 44.3.2014 pertaining to maintenance of active and inactive voter registration lists for elections







TO: All Concerned Persons


1. On December 10, 2021, at 9:00 a.m., the Secretary of State will hold a public hearing in the Secretary of State's Office conference room, Room 260, State Capitol, Helena, Montana, to consider the proposed amendment of the above-stated rule.  


2. The Secretary of State will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Secretary of State no later than 5:00 p.m., December 2, 2021, to advise us of the nature of the accommodation that you need.  Please contact Ray Dagnall, Secretary of State's Office, P.O. Box 202801, Helena, MT 59620-2801; telephone (406) 444-9009; fax (406) 444-3976; TDD/Montana Relay Service (406) 444-9068; or e-mail RDagnall@mt.gov.


3. The rule proposed to be amended is as follows, new matter underlined, deleted matter interlined:


44.3.2014 MAINTENANCE OF ACTIVE AND INACTIVE VOTER REGISTRATION LISTS FOR ELECTIONS (1) Election administrators shall, in every odd-numbered year follow the procedures in 13-2-220, MCA every year.

(2)  An election administrator performing the procedures outlined in 13-2-220(1)(a) or (b), MCA, in the month of January also satisfies the requirements of 13-13-212(4)(b), MCA.


AUTH:      13-2-108, MCA

IMP:          13-2-220, 13-13-212, MCA


REASONABLE NECESSITY: On April 8, 2021, the Governor of Montana signed into law Senate Bill (SB) 170. SB 170 revised laws related to maintenance of active and inactive voter registration lists for elections. The Office of the Secretary of State is proposing changes to ARM 44.3.2014 to reflect the changes in statute. In addition, the proposed amendment provides clarification as to the coordination of related statutes in response to concerns noted during legislative hearings. 


            4. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Angela Nunn, Secretary of State's Office, P.O. Box 202801, Helena, Montana 59620-2801, or by e-mailing angela.nunn@mt.gov, and must be received no later than 5:00 p.m., December 17, 2021.


5. Austin James, Secretary of State's Office, has been designated to preside over and conduct the hearing.


6. The Secretary of State maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency.  Persons who wish to have their name added to the list shall make a written request which includes the name and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding administrative rules, corporations, elections, notaries, records, uniform commercial code, or combination thereof.  A written request may be mailed or delivered to the Secretary of State's Office, Administrative Rules Services, 1301 E. 6th Avenue, P.O. Box 202801, Helena, MT 59620-2801, or emailed to the office at sosarm@mt.gov.


7. With regard to the requirements of 2-4-302(2)(d), MCA, the primary bill sponsor, Senator Kary, was contacted by phone on November 7, 2021. 


8. With regard to the requirements of 2-4-111, MCA, the Secretary of State has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.



/s/ AUSTIN JAMES                                         /s/ CHRISTI JACOBSEN   

Austin James                                                   Christi Jacobsen

Rule Reviewer                                                 Secretary of State


Dated this 9th day of November, 2021.


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