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44.3.108    POLLING PLACE DESIGNATION

(1) As the result of an on-site survey, or current voter registration reports, a polling place shall be designated as:

(a) "accessible";

(b) "inaccessible";

(c) "technically inaccessible but usable"; or

(d) "rural".

(2) An "accessible" polling place is one that meets the criteria for accessibility as established by these rules.

(3) An "inaccessible" polling place is one that does not meet the criteria for accessibility and cannot be made accessible through practical, cost-effective methods.

(4) A "technically inaccessible but usable" polling place is one that does not meet all the criteria for accessibility but has been surveyed, evaluated and certified by a voting accessibility advisory committee as "usable". Such certification is cause for the Secretary of State to grant that polling place an exemption. However, the Secretary of State may issue an objection to the criteria used for the determination of "usability" for future elections.

(5) A "rural" polling place is one that serves 200 or less registered electors and is:

(a) granted an exemption from the criteria for accessibility by the Secretary of State;

(b) subject to review and redesignation 45 days prior to an election; and

(c) subject to redesignation following the 1986 election cycle.

(6) A "rural" designation shall not be construed as cause for denying elderly or handicapped electors in that polling place the right to choose to vote by an alternative method, as provided by ARM 44.3.110.

History: This rule is advisory only, but may be considered a correct interpretation of the law. 13-1-202, MCA; IMP, 13-1-202, MCA; NEW, 1986 MAR p. 462, Eff. 3/28/86.

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