13-13-114. Voter identification and marking precinct register book before elector votes — provisional voting. (1) (a) Except as provided in subsection (2), before an elector is permitted to receive a ballot or vote, the elector shall present to an election judge one of the following forms of identification showing the elector’s name:

Terms Used In Montana Code 13-13-114

  • Ballot: means a paper ballot counted manually or a paper ballot counted by a machine, such as an optical scan system or other technology that automatically tabulates votes cast by processing the paper ballots. See Montana Code 13-1-101
  • 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 judge: means a person who is appointed pursuant to Title 13, chapter 4, part 1, to perform duties as specified by law. See Montana Code 13-1-101
  • Elector: means an individual qualified to vote under state law. See Montana Code 13-1-101
  • Person: means an individual, corporation, association, firm, partnership, cooperative, committee, including a political committee, club, union, or other organization or group of individuals or a candidate as defined in subsection (8). See Montana Code 13-1-101
  • Provisional ballot: means a ballot cast by an elector whose identity or eligibility to vote has not been verified as provided by law. See Montana Code 13-1-101
  • 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
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201

(i)a Montana driver’s license, Montana state identification card issued pursuant to 61-12-501, military identification card, tribal photo identification card, United States passport, or Montana concealed carry permit; or

(ii)(A) a current utility bill, bank statement, paycheck, government check, or other government document that shows the elector’s name and current address; and

(B)photo identification that shows the elector’s name, including but not limited to a school district or postsecondary education photo identification.

(b)An elector who provides the information listed in subsection (1)(a) may sign the precinct register and must be provided with a regular ballot to vote.

(c)If the information provided in subsection (1)(a) differs from information in the precinct register but an election judge determines that the information provided is sufficient to verify the voter’s identity and eligibility to vote pursuant to 13-2-512, the elector may sign the precinct register, complete a new registration form to correct the elector’s voter registration information, and vote.

(d)An election judge shall write “registration form” beside the name of any elector submitting a form.

(2)If the elector is unable to present the information required by subsection (1) or if the information presented under subsection (1) is insufficient to verify the elector’s identity and eligibility to vote or if the elector’s name does not appear in the precinct register or appears in the register as provisionally registered and this provisional registration status cannot be resolved at the polling place, the elector may sign the precinct register and cast a provisional ballot as provided in 13-13-601.

(3)If the elector fails or refuses to sign the elector’s name or if the elector is disabled and a fingerprint, an identifying mark, or a signature by a person authorized to sign for the elector pursuant to 13-1-116 is not provided, the elector may cast a provisional ballot as provided in 13-13-601.