Montana Code 13-35-206. Injury to election equipment, materials, and records
13-35-206. Injury to election equipment, materials, and records. A person is guilty of criminal mischief or tampering with public records and information, as appropriate, and is punishable as provided in 45-6-101 or 45-7-208, as applicable, whenever the person:
Terms Used In Montana Code 13-35-206
- 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
- Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
- 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
- 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
(1)prior to or on election day, knowingly defaces or destroys any list of candidates posted in accordance with the provisions of the law;
(2)during an election:
(a)removes or defaces instructions for the voters; or
(b)removes or destroys any of the supplies or other conveniences placed in the voting station for the purpose of enabling a voter to prepare the voter’s ballot;
(3)removes any ballots from the polling place before the closing of the polls with the purpose of changing the result of the election;
(4)carries away or destroys any poll lists, checklists, ballots, ballot boxes, or other equipment for the purpose of disrupting or invalidating an election;
(5)knowingly detains, mutilates, alters, or destroys any election returns;
(6)mutilates, secretes, destroys, or alters election records, except as provided by law;
(7)tampers with, disarranges, defaces, injures, or impairs a voting system with the intent to alter the outcome of an election;
(8)mutilates, injures, or destroys a ballot or appliance used in connection with a voting system; or
(9)fraudulently defaces or destroys a declaration or certificate of nomination.