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44.3.2511    ELECTRONIC TRANSMISSION OF VOTING MATERIALS

(1) County election administrators shall allow United States electors to receive and transmit election materials electronically, as long as the security of transmission and identity of each elector is confirmed and facilities are available to maintain the accuracy, integrity, and secrecy of the ballot process. The procedures in this subchapter shall be followed, wherever applicable, in regard to the receipt and transmission of election materials electronically:

(a) A county election administrator desiring to offer electronic transmission of voting materials must use a system that is secure from unauthorized access. Access to the system must be limited by the following means: it has the technological ability to store the ballots that are sent and received by electronic transmission, and ballots stored in such manner can only be accessed by the election administrator or specially appointed deputies.

(b) Upon request for electronic transmission of a ballot, an election administrator who has received a valid application from a United States elector shall, subject to (1), send by electronic transmission a ballot, instructions to the elector, and a notice that the elector's ballot will not be secret in that it will be received by the election administrator and the elector's votes will be transcribed to the original ballot by a panel of no less than two election judges. The original instructions and original ballot shall be retained in a secure absentee envelope.

(c) The election administrator shall keep an official log of all ballots transmitted and received electronically.

(d) If the returned electronically transmitted ballot is acceptable, the election administrator shall log in the receipt of the ballot and place it in the secure absentee envelope with the original ballot until the ballots are ready to be transcribed.

(e) On or before Election Day, the election administrator shall have the electronically transmitted ballots transcribed using the procedure prescribed for assistance to voters with disabilities.

(f) No less than two election judges shall participate in the transcription process to transfer the elector's vote from an electronically transmitted ballot to the standard ballot used in the precinct.

(g) There may be noted next to the elector's name in the precinct register "Electronically Transmitted Ballot".

(h) An electronically transmitted ballot identifying number shall be written on the original transcribed ballot and the electronically transmitted ballot.

(i) The election judges who transcribed the electronically transmitted ballot shall sign in the log next to the name of the elector.

(j) No one participating in the electronic ballot transmission process may reveal any information about the elector's ballot.

(2) Nothing in this rule shall prohibit a county election official from participating in any secure program for facilitating voting by United States electors which is sponsored by an agency of the federal government.

History: 13-21-104, MCA; IMP, 13-21-207, MCA; NEW, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2008 MAR p. 1329, Eff. 6/27/08.

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