13-2-304. Late registration — late changes. (1) Except as provided in 13-21-104 and subsection (2) of this section, the following provisions apply:

Terms Used In Montana Code 13-2-304

  • 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 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
  • Elector: means an individual qualified to vote under state law. 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
  • School election: has the meaning provided in 20-1-101. 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
  • 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
  • Voted ballot: means a ballot that is:

    (a)deposited in the ballot box at a polling place;

    (b)received at the election administrator's office; or

    (c)returned to a place of deposit. See Montana Code 13-1-101

(a)An elector may register or change the elector’s voter registration information after the close of regular registration as provided in 13-2-301 and vote in the election if the election administrator in the county where the elector resides receives and verifies the elector’s voter registration information prior to noon the day before the election.

(b)Except as provided in 13-2-514(2)(a) and subsection (1)(c) of this section, an elector who registers or changes the elector’s voter information pursuant to this section may vote in the election if the elector obtains the ballot from the location designated by the county election administrator.

(c)With respect to an elector who registers late pursuant to this section for a school election conducted by a school clerk, the elector may vote in the election only if the elector obtains from the county election administrator a document, in a form prescribed by the secretary of state, verifying the elector’s late registration. The elector shall provide the verification document to the school clerk, who shall issue the ballot to the elector and enter the verification document as part of the official register.

(d)An elector who registers late and obtains a ballot pursuant to this section may return the ballot as follows:

(i)before election day, to a location designated by the county election administrator or school clerk if the election is administered by the school district; or

(ii)on election day, to the election office or to any polling place in the county where the elector is registered to vote or, if the ballot is for a school election, to any polling place in the school district where the election is being conducted.

(2)If an elector has already been issued a ballot for the election, the elector may change the elector’s voter registration information only if the original voted ballot has not been received at the county election office, or received by the school district if the district is administering the election, and if the original ballot that was issued is marked by the issuing county as void in the statewide voter registration system, or by the school district if the district is administering the election, prior to the change.