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44.3.2114    PROVISIONAL VOTING PROCEDURES ON ELECTION DAY AFTER THE CLOSE OF POLLS - THE SIXTH DAY AFTER ELECTION DAY

(1) The election administrator shall direct election officials in each precinct, after the close of polls on election day, to tally the number of electors who have chosen to cast provisional ballots, but whose voter information is not verified by the end of election day, in a location specified by the election administrator in the records maintained by election officials.

(2) All information regarding electors who have chosen to cast provisional ballots shall remain private at all times prior to and during the counting of provisional ballots and shall not be released prior to, during, or after the counting period without a court order.

(3) Election officials shall seal the unverified and verified provisional ballot containers and ensure delivery according to the election administrator's instructions.

(4) The election administrator may open a package containing a precinct register to resolve questions concerning provisional ballots.

(5) The election administrator shall, until 5:00 p.m. on the day after election day, allow electors who cast provisional ballots to verify eligibility to vote, in person, or by sending by facsimile or electronic mail a copy or scanned document.

(6) The election administrator shall allow electors who cast provisional ballots to verify eligibility to vote, by mail postmarked on election day or the day after election day.

(7) If a legally registered elector casts a provisional ballot because the elector failed to provide sufficient identification as required pursuant to 13-13-114(1)(a), MCA, the election administrator or designee shall compare the elector's signature or the signature of an elector's agent designated pursuant to 13-1-116, MCA, on the affirmation required under 13-13-601, MCA, to the elector's or elector's agent's signature on the elector's voter registration card.

(a) If the signatures match, the election administrator shall handle the ballot as provided in 13-15-107(6), MCA.

(b) If the signatures do not match, and the elector or the elector's agent fails to provide valid identification information by the deadline, the ballot must be rejected and handled as provided in 13-15-108, MCA, and this section.

(8) Provisional ballots must be handled consistent with 13-15-107(5), MCA.

(9) After the process in (8) is completed, an election official shall mark the provisional ballot outer envelope with the reason(s) why it was verified and removed and place the provisional ballot outer envelope in the verified provisional ballot container.

(10) Provisional ballots that are not resolved by the end of election day may not be counted until after 3:00 p.m. on the sixth day after the election.

(11) Election officials must not count any provisional ballots cast by electors whose voter information is not verified by 3:00 p.m. on the sixth day following the election.

(12) After the completion of the count of provisional ballots, election officials must assure the secrecy of the ballots. An election administrator shall not release any information regarding any ballot, including provisionally cast ballots, if that information will result in any person being able to determine how an elector voted on any race or issue on the ballot.

History: 13-13-603, MCA; IMP, 13-15-107, 13-15-301, MCA; NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2008 MAR p. 1329, Eff. 6/27/08, AMD, 2010 MAR p. 1319, Eff. 5/28/10; AMD, 2010 MAR p. 1545, Eff. 6/25/10.

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