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44.3.2113    PROVISIONAL VOTING PROCEDURES AT THE POLLING PLACE - CASTING A BALLOT

(1) The election administrator shall direct election officials in each precinct to mark, in a location specified by the election administrator in the records maintained by election officials, a notation for each elector who has chosen to cast a provisional ballot.

(2) Consistent with 13-13-601 , MCA, an election official shall give to an elector who has been permitted the option of casting a provisional ballot the following, in the forms prescribed by the Secretary of State:

(a) instructions for casting a provisional ballot, which must be filled out by an election official in the areas specified;

(b) a provisional ballot outer envelope, which must be filled out by an election official in the areas specified;

(c) a provisional ballot secrecy envelope; and

(d) a regular ballot.

(3) The elector shall, upon receipt of the forms in (1) :

(a) read the instructions for casting a provisional ballot;

(b) fill out the specified areas of the provisional ballot outer envelope; and

(c) allow an election official to review the provisional ballot outer envelope that has been filled out by the elector.

(4) An election official, upon receiving the provisional ballot outer envelope from the elector, shall:

(a) ensure that the elector completed all required information on the provisional ballot outer envelope; and

(b) inform the elector that the elector may provide additional information at the elector's option.

(5) After the elector and the election official complete the requirements in this rule, the election official shall allow the elector to:

(a) sign the precinct register;

(b) cast the ballot;

(c) place the ballot in the provisional ballot secrecy envelope;

(d) place the provisional ballot secrecy envelope in the provisional ballot outer envelope; and

(e) return the provisional ballot outer envelope to an election official, who shall place the provisional ballot outer envelope into an unverified provisional ballot container.

(6) Consistent with 13-15-107 , MCA, an election official shall handle a provisional ballot outer envelope which holds a ballot cast provisionally by an elector whose voter information is verified by the close of the polls on election day as follows:

(a) remove the provisional ballot outer envelope from the unverified provisional ballot container;

(b) mark it to indicate the reason(s) why it was verified and removed;

(c) remove the provisional ballot secrecy envelope, which must be opened by the elector to remove the provisional ballot, which must then be deposited with other ballots in a manner that allows for the secrecy of the ballot to the greatest extent possible, and counted as any other ballot;

(d) place the provisional ballot outer envelope in the verified provisional ballot container; and

(e) mark in the location specified by the election administrator that the ballot has been counted as any other ballot.

History: 13-13-603, MCA; IMP, 13-13-114, 13-13-601, 13-15-107, MCA; NEW, 2004 MAR p. 93, Eff. 1/16/04.

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