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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 card" means a ballot which is used for voting by the process of punching.

(d) "Ballot labels" means the cards, papers, booklets, pages or other material containing the names of offices and candidates and statements of ballot issues to be voted on.

(e) "Ballot" includes ballot cards, ballot labels and paper ballots.

(f) "Device" means an apparatus used for voting by the process of punching, piercing or otherwise marking of a ballot. Ballots are counted using automatic tabulating equipment.

(g) "Examiners" any or all persons having authority to conduct the examination under ARM 44.3.1701(3) .

(h) "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.

(i) "Marking device" means either an apparatus in which ballots or ballot cards are inserted and used in connection with a punch apparatus for the piercing of ballots by the elector or 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.

(j) "Mechanical voting machine" means an apparatus used for voting that is self-contained using levers and providing a tabulating system within the machine.

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

(l) "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 up to 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 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: 13-17-103, 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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