13-3-213. Alternative means for casting ballot. (1) The election administrator shall provide individuals with disabilities an alternative means for casting a ballot on election day if they are assigned to an inaccessible polling place. These alternative means for casting a ballot include:

Terms Used In Montana Code 13-3-213

  • Accessible: means accessible to individuals with disabilities for purposes of voting as determined in accordance with standards established by the secretary of state under 13-3-205. See Montana Code 13-3-202
  • 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
  • Disability: means a temporary or permanent mental or physical impairment such as:

    (a)impaired vision;

    (b)impaired hearing;

    (c)impaired mobility. 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
  • Inaccessible: means not accessible under standards adopted pursuant to 13-3-205. See Montana Code 13-3-202
  • 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
  • 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
  • Writing: includes printing. See Montana Code 1-1-203

(a)delivery of a ballot to the elector as provided in 13-13-118;

(b)voting by absentee ballot in person at a designated voting station at the county election administrator‘s office; and

(c)prearranged assignment to an accessible polling place within the county.

(2)An elector with a disability assigned to an inaccessible polling place who desires to vote at an accessible polling place:

(a)shall request assignment to an accessible polling place by notifying the election administrator in writing at least 2 business days preceding the election;

(b)must be assigned to the nearest accessible polling place for the purpose of voting in the election;

(c)shall sign the elector’s name on a special addendum to the official precinct register as required in subsection (4); and

(d)must receive the same ballot to which the elector is otherwise entitled.

(3)For the purpose of subsection (2), the ballot cast at an alternative polling place must be processed and counted in the same manner as an absentee ballot.

(4)The name of an elector who has been assigned to vote in a precinct other than the precinct in which the person is registered, as provided in subsection (2), must be printed on a special addendum to the precinct register in a form prescribed by the secretary of state.