13-17-503. Random-sample audit required after federal election — rulemaking authority. (1) After unofficial results are available to the public in a federal election, but before the official canvass by the county board of canvassers, the county audit committee shall conduct a random-sample audit.

Terms Used In Montana Code 13-17-503

  • 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
  • Candidate: means :

    (a)an individual who has filed a declaration or petition for nomination, acceptance of nomination, or appointment as a candidate for public office as required by law;

    (b)for the purposes of chapter 35, 36, or 37, an individual who has solicited or received and retained contributions, made expenditures, or given consent to an individual, organization, political party, or committee to solicit or receive and retain contributions or make expenditures on the individual's behalf to secure nomination or election to any office at any time, whether or not the office for which the individual will seek nomination or election is known when the:

    (i)solicitation is made;

    (ii)contribution is received and retained; or

    (iii)expenditure is made; or

    (c)an officeholder who is the subject of a recall election. See Montana Code 13-1-101

  • County audit committee: means the committee that conducts a random-sample audit in a county. See Montana Code 13-17-502
  • 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
  • Federal election: means an election in even-numbered years in which an elector may vote for individuals for the office of president of the United States or for the United States congress. See Montana Code 13-1-101
  • issue: means a proposal submitted to the people at an election for their approval or rejection, including but not limited to an initiative, referendum, proposed constitutional amendment, recall question, school levy question, bond issue question, or ballot question. 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
  • Random-sample audit: means an audit involving a manual count of ballots from designated races and ballot issues in precincts selected through a random process as provided in 13-17-503 and 13-17-510. 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
  • Vote-counting machine: means an individual piece of equipment used to automatically tabulate votes. See Montana Code 13-17-502

(2)The random-sample audit may not include a ballot that a vote-counting machine was unable to process and that was not resolved pursuant to 13-15-206 because the ballot:

(a)appeared to have at least one overvote;

(b)appeared to be blank;

(c)was in a condition that prevented its processing by a vote-counting machine; or

(d)contained a mark, error, or omission that prevented its processing by a vote-counting machine.

(3)Except as provided in subsections (4) and (5), the random-sample audit must include:

(a)at least 10% of the precincts in each county or a minimum of two precincts in each county, whichever is greater; and

(b)elections for:

(i)two statewide office races, if any;

(ii)two federal office races;

(iii)two legislative office races;

(iv)two statewide ballot issues if statewide ballot issues were on the ballot; and

(v)one countywide race if requested by the board of county commissioners using the process in 13-17-510.

(4)The audit may not include:

(a)a retention election for a judicial candidate; or

(b)a race in which a candidate was unopposed.

(5)A county is exempt from the postelection random-sample audit requirements if the county’s unofficial final vote totals for a ballot issue or for any race, except precinct committee representative, show a tie vote or a vote within the margins allowed by Title 13, chapter 16, part 2, for a recount without a court order. A county meeting the requirements of this subsection shall notify the secretary of state as soon as practicable.

(6)The secretary of state shall adopt rules to implement the provisions of this part, including but not limited to rules for:

(a)the process to be used for selecting precincts, races, and ballot issues for the random-sample audit;

(b)the manner in which the random-sample audit of vote-counting machines will be conducted pursuant to the procedures established in this part; and

(c)the process to be used for counties that do not use vote-counting machines.

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