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44.9.305    REPLACEMENT BALLOTS

(1) Replacement ballots are provided in order to afford to the elector a maximum opportunity to participate, recognizing that the mail ballot procedure subjects a ballot to unusual circumstances and potential destruction. While control of replacement ballots is strictly defined, every attempt should be made to facilitate and provide for the unique needs of an elector.

(2) Replacement ballots must be requested in writing as provided in section 17 of the Act. However, a replacement ballot request, in a form prescribed by the Secretary of State, may be delivered to an elector in response to any type of request.

(3) In each case where an appropriate request for a replacement ballot has been received, the election administrator shall:

(a) prior to mailing or providing in person the replacement ballot, check the register to verify that the elector is entitled to vote and has not at that point done so;

(b) note in the register that a replacement ballot has been mailed and the date;

(c) indicate on the return/verification envelope that it is a "REPLACEMENT BALLOT"; and

(d) enter in the log he maintains for that purpose, the record of a replacement ballot having been issued.

(4) Replacement ballots subsequently voted and returned by an elector shall be processed according to the established procedures. Particular care shall be taken to ensure that no more than one ballot is validated from any elector and any attempt to vote more than once shall be reported as required by the Act.

History: 13-19-105, MCA; IMP, 13-19-305, MCA; NEW, 1985 MAR p. 1020, Eff. 7/26/85; AMD, 1990 MAR p. 308, Eff. 2/9/90; AMD, 2008 MAR p. 1329, Eff. 6/27/08; AMD, 2010 MAR p. 1319, Eff. 5/28/10.

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