Montana Administrative Register Notice 44-2-234 No. 14   07/26/2019    
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In the matter of the adoption of NEW RULE I pertaining to performance standards for devices that provide accessible voting technology for electors with hearing, vision, speech, or ambulatory impairments









TO: All Concerned Persons


           1. On August 15, 2019, at 9:30 a.m., the Secretary of State will hold a public hearing in the Secretary of State's Conference Room, Room 260, State Capitol Building, at Helena, Montana, to consider the proposed adoption of the above-stated rule.


2. The Secretary of State will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Secretary of State no later than 5:00 p.m. on August 8, 2019, to advise us of the nature of the accommodation that you need. Please contact Austin James, Secretary of State's Office, P.O. Box 202801, Helena, Montana, 59620-2801; telephone (406) 444-6197; fax (406) 444-3976, or e-mail Austin.James@mt.gov.


3. The rule proposed to be adopted provides as follows:


NEW RULE I PERFORMANCE STANDARDS FOR ACCESSIBLE VOTING TECHNOLOGY DEVICES (1) A voter interface device must meet the Elections Assistance Commission's (EAC) standards for Voluntary Voting System Guidelines (VVSG) version 1.0 or greater for accessible voting technology for electors with hearing, vision, speech, or ambulatory impairments.


AUTH: 13-17-103, MCA

IMP: 13-17-103, MCA


REASON: Senate Bill 291 was approved by the 2019 Montana Legislature and codified in law.  Senate Bill 291 requires the Secretary of State to adopt benchmark performance standards for approval of a voter interface device.  Adopting NEW RULE I will provide the standard from the Secretary of State for device approval, as required.


            4. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Austin James, Office of the Secretary of State, P.O. Box 202801, Helena, MT, 59620; telephone (406) 444-6197; fax (406) 444-3976, or e-mail Austin.James@mt.gov, and must be received no later than 5:00 p.m., August 26, 2019.


5. Austin James, Office of Secretary of State, has been designated to preside over and conduct this hearing.


6. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 4 above or may be made by completing a request form at any rules hearing held by the department.


7. The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor was contacted by electronic mail on July 16, 2019.


8. With regard to the requirements of 2-4-111, MCA, the Secretary of State has determined that the adoption of the above-referenced rule will not significantly and directly impact small businesses.



/s/  AUSTIN JAMES                                        /s/ DANA CORSON            

Austin James                                                  Dana Corson

Rule Reviewer                                                Director of Elections and Voter Services

                                                                       Office of Secretary of State


Dated this 16th day of July, 2019.



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