13-1-202. Forms and rules prescribed by secretary of state — consultation. (1) In carrying out the responsibilities under 13-1-201, the secretary of state shall prepare and deliver to the election administrators:

Terms Used In Montana Code 13-1-202

  • Election: means a general, special, or primary election held pursuant to the requirements of state law, regardless of the time or purpose. See Montana Code 13-1-101
  • Election administrator: means , except as provided in subsection (14)(b), the county clerk and recorder or the individual designated by a county governing body to be responsible for all election administration duties, except that with regard to school elections not administered by the county, the term means the school district clerk. See Montana Code 13-1-101
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • system: means any machine, device, technology, or equipment used to automatically record, tabulate, or process the vote of an elector cast on a paper ballot. See Montana Code 13-1-101

(a)written directives and instructions relating to and based on the election laws;

(b)sample copies of prescribed and suggested forms; and

(c)advisory opinions on the effect of election laws other than those laws in chapter 35, 36, or 37 of this title.

(2)The secretary of state may prescribe the design of any election form required by law. The secretary of state shall seek the advice of election administrators and printers in designing the required forms.

(3)Each election administrator shall comply with the directives and instructions and shall provide election forms prepared as prescribed.

(4)Each election administrator shall provide data to the secretary of state that the secretary of state determines is necessary to:

(a)evaluate voting system performance against the benchmark standard adopted pursuant to 13-17-103;

(b)evaluate the security, accuracy, and accessibility of elections; and

(c)assist the secretary of state in making recommendations to improve voter confidence in the integrity of the election process.

(5)The secretary of state shall regularly consult with and seek the advice of local election administrators in implementing the provisions of this section.