Montana Code 13-13-601. Provisional voting in person
13-13-601. Provisional voting in person. (1) Before being given a ballot, an elector casting a provisional ballot:
Terms Used In Montana Code 13-13-601
- 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
(a)must be given information, in a form prescribed by the secretary of state, explaining how to vote provisionally, what information must be provided by the elector to verify the elector’s eligibility, and how to determine whether the elector’s provisional ballot is or is not counted and, if not, the reasons why;
(b)shall sign an affirmation in a form prescribed by the secretary of state swearing that, to the best of the elector’s knowledge, the elector is eligible to vote in the election and precinct and is aware of the penalty for false swearing; and
(c)shall cast and return the provisional ballot to an election judge, who shall place the ballot into an envelope prescribed by the secretary of state for provisional ballots.
(2)A provisional ballot must be handled as provided in 13-15-107.
(3)An elector making a false affirmation under this section is subject to the penalty for false swearing provided in 45-7-202.