Montana Code 13-17-510. Random-sample audit of vote-counting machines optional after nonfederal elections — rulemaking authority
13-17-510. Random-sample audit of vote-counting machines optional after nonfederal elections — rulemaking authority. (1) After unofficial results are available to the public in a nonfederal election, but before the official canvass by the county board of canvassers, the board of county commissioners may request a random-sample audit of vote-counting machines.
Terms Used In Montana Code 13-17-510
- 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
- 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)On or before May 1, 2024, the secretary of state shall adopt rules to implement the provisions of this section, including but not limited to rules for:
(a)the manner in which the random-sample audit of vote-counting machines will be conducted;
(b)the process to be used for selecting precincts, races, and ballot issues for the random-sample audit; and
(c)the process to be used to select the ballots that are to be included in the random-sample audit.