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44.3.2401    BALLOT FORM AND UNIFORMITY

(1) The following shall be prescribed by the Secretary of State in the forms booklet and election judge handbook, as applicable, that are provided to each election administrator:

(a) the manner in which each type of ballot may be corrected under 13-12-204, MCA;

(b) what provisions must be made on the ballot for write-in candidates;

(c) the size and content of stubs on paper ballots, except as provided in 13-19-106(1), MCA;

(d) how unvoted ballots must be handled;

(e) how the number of individuals voting and the number of ballots cast must be recorded; and

(f) the order and arrangement of ballots.

(2) The names of all candidates to appear on the ballots must be in the same font size and style.

(3) Notwithstanding 13-19-106(1), MCA, when the stubs are detached, it must be impossible to distinguish any one of the ballots from another ballot for the same office or issue.

(4) The ballots must contain the name of each candidate whose nomination is certified under law for an office and no other names, except that the names of candidates for president and vice president of the United States must appear on the ballot as provided in 13-25-101(2), MCA.

(5) Consistent with 13-14-212, MCA, provision must be made for a voter to indicate a "yes" or "no" vote in regard to retaining unopposed incumbent judicial officers.

(6) Consistent with 13-13-205, MCA:

(a) Except as provided in (6)(c), the election administrator shall ensure that ballots are printed at least:

(i) 30 days prior to an election for those elections held in compliance with 13-1-107(1), MCA;

(ii) 20 days prior to an election for those elections held in compliance with 13-1-104(2) and (3) and 13-1-107(2), MCA;

(b) 45 days prior to an election held in conjunction with a federal general election in compliance with 13-1-104(1), MCA;

(c) A ballot requested pursuant to Title 13, chapter 21, MCA, must be sent to the elector as specified in 13-13-205(2), MCA; and

(d) If paper ballots are sent more than 30 days before an election, the election administrator shall include a notice that the voter information pamphlet, when required to be distributed, will be provided pursuant to 13-27-410, MCA.

History: 13-12-202, MCA; IMP, 13-12-202, 13-13-205, 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. 1417, Eff. 5/28/10; AMD, 2010 MAR p. 1545, Eff. 6/25/10.

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