HomeMy WebLinkAbout05-08-17 City Commission Packet Materials - A1. Resolution 4791, Mail Ballot Election1
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Robin Crough, City Clerk
Anna Rosenberry, Assistant City Manager
Chuck Winn, Assistant City Manager
SUBJECT: Resolution No. 4791, Notifying the Gallatin County Election
Administrator of the City’s Desire to Conduct the 2017 City Primary
(if held) and the 2017 General Election by Mail Ballot, and Funding
Postage Return Costs
MEETING DATE: May 8, 2017
AGENDA ITEM TYPE: Action
RECOMMENDATION: Consider a motion adopting Resolution No. 4791, notifying the
Gallatin County Election Administrator of the City’s desire to conduct the 2017 city primary (if
necessary) and the 2017 general election by mail ballot in accordance with Section 13-19-202
Montana Code Annotated, including funding for return postage costs, and direct the City Clerk to
submit the Resolution to the Gallatin County Elections Office by June 19, 2017.
RECOMMENDED MOTION: I move to adopt Resolution No. 4791, Notifying the Gallatin
County Election Administrator of the City’s Desire to Conduct the 2017 City Primary (if held) and
the 2017 General Election by Mail Ballot, and Funding Postage Return Costs.
BACKGROUND: The 2017 municipal election includes the election of a Mayor and two
Commissioners. Candidate filing opened on April 20, 2017 and runs through June 19, 2017. The
issues for the City Commission’s consideration through this resolution are whether to conduct the
primary and general elections by mail ballot and whether to pay return postage for the mail ballots.
Primary Election: According to Charlotte Mills, Gallatin County Elections Administrator, a
primary election will occur if seven (7) candidates file for the Commission seats OR four (4)
candidates run for the Mayor’s seat. If this occurs, the primary election will be held September 12,
2017. The City will know by 5:00 PM on June 29, 2017 if a primary election is necessary.
General Election: The general election will be held on November 7, 2017.
Mail Ballot Elections
In a mail ballot election, only active registered voters are mailed a ballot. This is according to Section
13-19-207, Montana Code Annotated.
13-19-207. When materials to be mailed. (1) Except as provided in 13-13-205(2) and subsection (2) of
this section, for any election conducted by mail, ballots must be mailed no sooner than the 20th day and
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no later than the 15th day before election day.
(2) (a) All ballots mailed to electors on the active list and the provisionally registered list must be
mailed the same day.
(b) At any time before noon on the day before election day, a ballot may be mailed or, on request,
provided in person at the election administrator's office to:
(i) an elector on the inactive list after the elector reactivates the elector's registration as provided
in 13-2-222; or
(ii) an individual who registers under the late registration option provided for in 13-2-304.
(c) An elector on the inactive list shall vote at the election administrator's office on election day if the
elector reactivates the elector's registration after noon on the day before election day.
(d) An elector who registers pursuant to 13-2-304 on election day or on the day before election day
must receive the ballot and vote it at the election administrator's office.
At this time there are 28,610 active registered voters. 69.52% of these voters are absentee,
totaling 19,891 absentee voters in the City.
The estimated cost for 2017 elections for a mail ballot:
• $36,000 per election (primary/general)
• $72,000 if both primary and general elections occur
(These cost figures are based on 50% estimated return rate. The return rate in 2015 was
43.77%.)
Return Mail Postage
If the Commission decides to pay postage for the return of ballots, a business reply permit would
be printed on the return envelope. The City would only pay postage for the voted ballots that
come back.
The costs to the City for this option include return postage costs as well as special envelopes
printed by the County Elections Department. If the Commission chooses to pay the postage, the
cost of the postage per returned ballot is $.51 for each returned envelope as opposed to a normal
stamp which is currently $.49. The additional cost for paying return postage is approximately
$7,300 per election.
Ms. Mills stated that she recommends the City not pay the return postage because no other political
subdivision in Gallatin County pays return postage on ballots. She added doing so does not have
significant effect on voter turnout.
The estimated cost for the 2017 elections with return postage paid by the City:
• $43,300 per election (primary/general)
• $86,600 if both primary and general elections occur
(These cost figures are based on 50% estimated return rate. The return rate in 2015 was
43.77%.)
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Polling Place Elections
A polling place election is approximately twice as costly as a mail ballot. The number of ballots
the County Election Department uses for a polling place election is larger than a mail ballot
election. All the annual absentee voters are mailed a ballot but a larger number has to be used for
a base to figure the number of ballots to be printed since there is no way to know how many voters
will show up at the polls. In addition, the setup charges for a polling place election are higher.
The estimated cost for the 2017 elections if conducted at a polling place:
• $72,000 per election (primary/general)
• $144,000 if both primary and general elections occur
History of past 4 Elections
2015 General Election – The City opted to conduct the 2015 elections by mail ballot. Bozeman’s
return rate with postage paid was 43.77%.
The 2015 Ballot had the following positions for consideration:
• Mayor Candidate
• Commission Candidates
• Municipal Judge
2013 General Election - The City opted to conduct the 2013 elections by mail ballot. Bozeman’s
return rate with postage paid was 42%.
The 2013 Ballot had the following positions for consideration:
• Mayor Candidate
• Commission Candidates
2011 General Election - The City opted to conduct the 2011 elections by mail ballot. Bozeman’s
return rate with postage paid was 42%.
The 2011 Ballot had the following positions for consideration:
• Mayor Candidate
• Commission Candidates
• Municipal Judge
2009 General Election - The City opted to conduct the 2009 elections by mail ballot. Bozeman’s
return rate with postage paid was 34.58%.
The 2009 Ballot had the following positions for consideration:
• Mayor Candidate
• Commission Candidates
Summary
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If the City Commission opts to move forward with a mail ballot election for 2017, the City Clerk
must submit a Resolution to the Gallatin County Election Administrator no later than June 19,
2017.
FISCAL EFFECTS: The costs of the election will be included in the Fiscal Year 2018 City
Manager Recommended budget. We will not know whether a primary will be necessary prior to
final budget approval. Both elections, mail ballot with return postage paid, will be budgeted for.
If a primary is not held, that budgeted amount will remain unspent.
ALTERNATIVES: To not fund the return postage costs for a Mail Ballot election(s), or to
conduct a polling place election(s).
UNRESOLVED ISSUES: None.
Attachments:
• Resolution No. 4791
• Secretary of State 2017
Municipal Primary and General
Election Calendar
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COMMISSION RESOLUTION NO. 4791
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, NOTIFYING THE GALLATIN COUNTY ELECTION ADMINISTRATOR
OF THE CITY’S DESIRE TO CONDUCT THE 2017 CITY PRIMARY (IF HELD) AND
THE 2017 GENERAL ELECTIONS BY MAIL BALLOT IN ACCORDANCE WITH
SECTION 13-19-202, MONTANA CODE ANNOTATED, AND NOTIFICATION OF THE
CITY’S COMMITMENT TO FUND THE RETURN POSTAGE COSTS.
WHEREAS, voter turnout in Bozeman municipal elections has historically been low;
and
WHEREAS, Montana law provides a method for conducting mail ballot elections for
local elections; and
WHEREAS, mail ballot elections statistically increase voter turnout in elections; and
WHEREAS, the City of Bozeman conducted the 2015 general election by mail ballot
with a return rate with postage paid of 43.77%; and
WHEREAS, the costs of conducting a mail ballot election are less than the costs of
conducting a polling place election; and
WHEREAS, mail ballot elections tend to increase voter participation, remove barriers
that keep people from getting to the polls, gives people more time to study candidates and issues,
and has built-in safeguards that increase the integrity of the election process; and
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Resolution 4791, Notifying the Gallatin County Election Administrator of Mail Ballot Election and Funding Return Postage
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WHEREAS, the City may hold a primary election on September 12, 2017 as required
by 13-1-107(2) MCA; and
WHEREAS, Section 13-14-115(2), MCA, provides:
(a) The election administrator of a political subdivision may determine that a local
nonpartisan portion of a primary election need not be held if:
(i) the number of candidates for an office exceeds three times the number to
be elected to that office in no more than one-half of the offices on the ballot; and
(ii) the number of candidates in excess of three times the number to be elected
is not more than one for any office on the ballot.
(b) If the election administrator determines that a municipal primary election must be
held pursuant to subsection (2)(a) of this section for a local nonpartisan office, the election
administrator shall conduct the election only for the local nonpartisan offices that have candidates
filed in excess of two times the number to be elected to that office.
(c) If the election administrator determines that a primary election need not be held
pursuant to subsection (2)(a) or (2)(b) for a local nonpartisan office, the administrator shall give
notice to the governing body that a primary election will not be held for that office; and
WHEREAS, Section 13-14-115(3), MCA, states a government body may require that a
primary election be held if it passes a resolution not more than 10 days after the close of filing by
candidates for election stating that a primary election must be held for that office; and
WHEREAS, the City of Bozeman will hold a general election on November 7, 2017, as
required by 13-1-104(2), MCA; and
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Resolution 4791, Notifying the Gallatin County Election Administrator of Mail Ballot Election and Funding Return Postage
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WHEREAS, pursuant to Section 13-19-104, MCA, such elections can be conducted by
a mail ballot election, and the Gallatin County Election Administrator has determined that a mail
ballot election conducted in accordance with the provisions of Title 13, Chapter 19, Parts 1-3,
MCA, is in the best interests of the City and the electors thereof, and pursuant to Section 13-19-
202, MCA, the City of Bozeman may notify the County Election Administrator of its intent to
conduct a mail ballot election; and
WHEREAS, the Election Administrator shall prepare a written plan, including a
timetable, for the conduct of the elections and shall submit it to the Secretary of State at least 60
days prior to the date set for the election in accordance with 13-19-205, MCA; and
WHEREAS, an official ballot will be mailed to every qualified elector of the City of
Bozeman, with the goal increasing voter participation in the municipal elections for 2017; and
WHEREAS, the City Commission has committed to funding the return postage costs on
returned ballots; and
WHEREAS, the Election Administrator will have several drop-off sites within the city
limits for electors who wish to mark their ballot at a polling site and deposit their ballot with the
election judges at that polling site; and
WHEREAS, the Election Administrator will have ADA accessible marking devices for
the disabled to mark their ballot in privacy at the drop-off polling sites; and
WHEREAS, for any election conducted by mail, ballots must be mailed no sooner than
the 25th day and no later than the 15th day before Election Day and all ballots must be mailed the
same day in accordance with 13-19-207, MCA; and
WHEREAS, the City of Bozeman desires to reduce barriers for qualified electors in the
election process to as few barriers as possible.
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Resolution 4791, Notifying the Gallatin County Election Administrator of Mail Ballot Election and Funding Return Postage
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NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana notifies the Gallatin County Election Administrator of the City’s desire to
conduct the 2017 city primary (if held) and the 2017 general election by mail ballot in accordance
with Section 13-19-202, MCA; and
BE IT FURTHER RESOLVED THAT the City Commission of the City of Bozeman
hereby notifies the Gallatin County Election Administrator that ballots should be mailed fifteen
(15) days before the election; and
BE IT FURTHER RESOLVED THAT except as provided in Section 13-19-204,
MCA, the decision to conduct an election under the provisions of Section 13-19-202, MCA, is
within the sole discretion of the Election Administrator; and
BE IT FURTHER RESOLVED THAT the City Clerk is hereby directed to forward a
certified copy of this resolution to the Gallatin County Election Administrator in accordance with
the provisions of Section 13-19-202, MCA; and
BE IT FURTHER RESOLVED THAT within five (5) days of receiving this request,
the Election Administrator shall respond to the Bozeman City Clerk in writing stating that this
request is either granted or denied for reasons specified. If granted, the Election Administrator
shall prepare a plan as provided in Section 13-19-205, MCA; and
BE IT FURTHER RESOLVED THAT the City Commission of the City of Bozeman
hereby informs the Gallatin County Election Administrator that the City will be providing for
funding of return postage.
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Resolution 4791, Notifying the Gallatin County Election Administrator of Mail Ballot Election and Funding Return Postage
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PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 8th day of May, 2017.
___________________________________
CARSON TAYLOR
Mayor
ATTEST:
________________________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Montana 2017 Municipal Primary and General Election Calendar†
Office of Montana Secretary of State
Elections and Government Services Division
sos.mt.gov soselections@mt.gov
†All dates and laws are subject to change by the 2017 Legislature.
Deadline Statute
April 20 First day for candidates to file for office 13-10-201(7)
June 19 5:00 p.m. - Deadline for candidates to file for office 13-10-201
5:00 p.m. - Deadline for candidates to withdraw primary election candidacy 13-10-325
Within 5 days of
filing for office
Candidates file appropriate campaign paperwork with Commissioner of Political
Practices in order for their names to appear on the ballot
13-37-201
After close of
candidate filing
Period for Commissioner of Political Practices to notify election administrators of
the names of any candidates that have not complied with the provisions of MCA
Title 13, Chapter 37 and therefore that the candidates' names may not appear on
the official ballot
13-37-126(3)
By June 29 Election administrators determine whether nonpartisan primary elections and
parties' primary elections need to be held, then immediately notify governing body
13-10-209
13-14-115
June 29 Deadline for governing body to decide that a nonpartisan primary must be held, if
election administrator determines that the election need not be held
13-14-115
If conducting a municipal primary election
July 14 Deadline for Secretary of State to receive mail ballot plan, timetable and
instructions from county election administrators planning to conduct municipal
primary election(s) by mail ballot
13-19-205
Primary Election September 12 General Election November 7 2017
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Starting not earlier
than
July 17
Election administrators must publish notice specifying the day regular voter
registration for primary election will close and the availability of late registration
(three times in the four weeks preceding close of registration)
13-2-301(1)(b)
August 8
(subject to change by
2017 Legislature)
5:00 p.m. - Deadline for write-in candidates to file a Declaration of Intent for the
primary election
13-10-211(1)
August 14 5:00 p.m. - Deadline for candidates to withdraw general election candidacy 13-10-327(2)
Close of primary regular voter registration (registration forms postmarked by this
date and received within 3 days are accepted for regular registration)
13-2-301
Beginning of period during which election administrators publicly test and certify
that each voting machine used in an election is performing properly
13-17-212
August 15 Beginning of late registration 13-2-304
August 17 Registration forms postmarked by August 14 and received by this date are
accepted for regular registration
13-2-301(3)
August 18
(subject to change by
2017 Legislature)
Date by which primary election absentee ballots must be available for voting;
in a polling place election, electors on the absentee elector list are sent ballots
automatically
13-13-205(1)(a)
13-13-212(4)
Election administrators must send ballots to absent military and overseas electors
as soon as the ballot is printed and by no later than this date
13-13-205
August 23-28 Period during which mail ballots are sent if conducting election by mail ballot; a
single mailing date must be chosen that is 20-15 days before election
13-19-207(1)
September 2 –
September 10
Election administrators must publish: a diagram showing the voting system and a
sample of the ballot layout, a statement of the locations where voting systems
used by voters are on public exhibition, and instructions on how to vote
13-17-203
Election administrators must publish locations of the precinct polling places,
including accessibility designations for each polling place
13-3-105(2)
13-3-207
September 8
Beginning of period for printing of primary election precinct register 13-2-116
After 5:00 p.m. - Beginning of period for qualified electors who are prevented from
voting at the polls as a result of illness or health emergency, occurring between
5:00 p.m. of the Friday before the election and 8:00 p.m. on election day, to
request to vote by special absentee ballot
13-13-211(2)
13-13-212(2)
Deadline for Secretary of State to receive mail ballot plan, timetable and
instructions from county election administrators planning to conduct municipal
general election(s) by mail ballot
13-19-205
September 11 Noon - Deadline for application to be made for primary election absentee ballot 13-13-211(1)
Noon - Absentee ballots are issued to late registrants up until this time on the day
before election day; late registrants who submit a registration form after noon
must return to the election office on election day to receive an absentee ballot
13-2-304
Election administrators may, at their option, conduct early preparation of absentee
ballots as provided in statute and administrative rule
13-13-241
44.3.2204 ARM
Starting not earlier
than
September 12
Election administrators must publish notice specifying the day regular voter
registration for general election will close and the availability of late registration
(three times in the four weeks preceding close of registration)
13-2-301
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September 12 MUNICIPAL PRIMARY NOMINATING ELECTION 13-1-107(2)
Election administrators or designees must randomly test and certify 5% of each
type of voting system (a minimum of one per county), to validate the accuracy of
voted paper ballots with the voting system results
44.3.1713(1)(f)
ARM
8:00 p.m. - End of late registration (or when all individuals in line at 8:00 p.m. have
registered)
13-2-304
September
13-18
Period during which election administrators may open a package containing a
precinct register to resolve provisional ballots
13-15-107
13-15-301(2)
September 18 3:00 p.m. - Deadline for election administrators to receive Federal Write-In
Absentee Ballots (FWABs) that were sent by absent military and overseas electors
by 8:00 p.m. on election day
13-21-206
3:00 p.m. - Counting of provisional ballots that are not resolved by the end of
election day may not begin prior to this date and time
13-15-107(6)
By September 26
Canvass completed - Board declares nominated the individuals having received the
highest number of votes cast for each office and proclaims adoption or rejection of
ballot issues
13-15-401
13-15-405
Within 5 days of
official canvass
Deadline for candidates to initiate contest of primary election nomination 13-36-102(1)
Deadline for unsuccessful primary election candidates to apply for a recount, if
applicable
13-16-201
13-16-301
Within 10 days of
official canvass
Deadline for successful primary write-in nominees to file a written Declaration of
Acceptance
13-10-204
October 3
(subject to change by
2017 Legislature)
5:00 p.m. - Deadline for write-in candidates to file a Declaration of Intent for the
general election
13-10-211(1)
October 10
Close of regular voter registration for general election (registration forms
postmarked by this date and received within 3 days are accepted for regular
registration)
13-2-301
Beginning of period during which election administrators publicly test and certify
that each voting machine used in an election is performing properly
13-17-212
October 11 Beginning of late registration 13-2-304
October 13
(subject to change by
2017 Legislature)
Date by which general election absentee ballots must be available for voting;
in a polling place election, electors on the absentee elector list are sent ballots
automatically
13-13-205(1)(a)
13-13-212(4)
Election administrators must send ballots to absent military and overseas electors
as soon as the ballot is printed and by no later than this date
13-13-205
Registration forms postmarked by October 10 and received by this date are
accepted for regular registration
13-2-301(3)
October 18-23 Period during which mail ballots are sent if conducting the election by mail
ballot; a single mailing date must be chosen that is 20-15 days before election
13-19-207(1)
October 28 -
November 5
Election administrators must publish: a diagram showing the voting system and a
sample of the ballot layout, a statement of the locations where voting systems to
be used by voters are on public exhibition, and instructions on how to vote
13-17-203
Election administrators must publish locations of the precinct polling places,
including accessibility designations for each polling place
13-3-105(2)
13-3-207
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November 3
Beginning of period for printing of general election precinct register 13-2-116
After 5:00 p.m. - Beginning of period for qualified electors who are prevented from
voting at the polls as a result of illness or health emergency, occurring between
5:00 p.m. of the Friday before the election and 8:00 p.m. on election day, to
request to vote by special absentee ballot
13-13-211(2)
13-13-212(2)
November 6 Noon - Deadline for application to be made for absentee ballot 13-13-211(1)
Noon - Absentee ballots are issued to late registrants up until this time on the day
before election day; late registrants who submit a registration form after noon
must return to the election office on election day to receive an absentee ballot
13-2-304
Election administrators may, at their option, conduct early preparation of absentee
ballots as provided in statute and administrative rule
13-13-241
44.3.2204 ARM
November 7
MUNICIPAL GENERAL ELECTION 13-1-104(3)
Election administrators or designees must randomly test and certify 5% of each
type of voting system (a minimum of one per county), to validate the accuracy of
voted paper ballots with the voting system results
44.3.1713(1)(f)
ARM
8:00 p.m. - End of late registration (or when all individuals in line at 8:00 p.m. have
registered)
13-2-304
November 8-13 Period during which election administrators may open a package containing a
precinct register to resolve provisional ballots
13-15-107
13-15-301(2)
November 13
3:00 p.m. - Deadline for election administrators to receive Federal Write-In
Absentee Ballots (FWABs) that were sent by absent military and overseas electors
by 8:00 p.m. on election day
13-21-206
3:00 p.m. - Counting of provisional ballots that are not resolved by the end of
election day may not begin prior to this date and time
13-15-107(6)
After Election Period for Commissioner of Political Practices to certify to election administrators
the names of all elected municipal candidates who complied with MCA Title 13,
Chapter 37 so that certificates of election can be issued
13-37-126
By November 21 Canvass completed - Board declares elected the individuals having received the
highest number of votes cast for each office and proclaims adoption or rejection of
ballot issues
13-15-401
13-15-405
Within 5 days of
official canvass
Deadline for unsuccessful general election candidates to apply for a recount, if
applicable
13-16-201
13-16-301
Within 10 days of
official canvass
Deadline for successful general election write-in candidates to file a written
Declaration of Acceptance
13-15-111
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Montana 2017 Municipal Primary and General Election Calendar
Office of Montana Secretary of State
Elections and Government Services Division
sos.mt.gov soselections@mt.gov
Election Information
Subject to change by the 2017 Legislature
My Voter Page
Visit the Secretary of State’s webpage at sos.mt.gov for the following services on My Voter Page*:
Check your registration status
Find your polling place, including a map with directions to the polling place
Check the status of your absentee ballot, if applicable
See a sample ballot, when available
*Some information on My Voter Page is available for statewide primary and general elections only.
Filing for Office
Pursuant to 13-10-201, MCA, in a partisan election, an individual may not file a Declaration for Nomination or a
Declaration of Intent for more than one political party.
A candidate may not file for more than one public office. (This does not include precinct committee candidates, if
applicable).
Individuals cannot file for nonpartisan offices as independent candidates or as political party candidates.
Late Registration
An elector may register or change the elector's voter registration information after the close of regular registration by
appearing at the county election office or designated location before the close of polls on election day.
Late registration closes temporarily at noon the day before election day, and reopens at 7 a.m. on election day.
Absent military and overseas electors are eligible for late registration (and can register and vote electronically for
statewide primary and general elections held during each even year via the Secretary of State’s Electronic Absentee
System). See http://www.sos.mt.gov/elections/Military_Overseas for more information.
Polling Places
According to 13-1-106, MCA, polls must open from 7:00 a.m. to 8:00 p.m., except that polling places having fewer
than 400 registered electors must be open from at least noon to 8:00 p.m. (or until all registered electors in any
precinct have voted).
Contact your county election office for your polling place location and hours.
ID for Voting
All voters must present ID when voting at the polling place.
ID can be any current photo ID with the voter’s name, or if photo ID is not available, a current utility bill, bank
statement, paycheck, notice of confirmation of voter registration, government check or other government document
that shows the voter’s name and current address.
Provisional Ballots
Electors whose eligibility or identity cannot be determined are allowed to vote a provisional ballot.
Proof of registration or required identification must be provided to the county election office by 5:00 p.m. the day
after the election, or mailed to the county election office by the day after the election.
Pursuant to 13-15-107, MCA, counting of provisional ballots that are not resolved by the end of election day may not
begin prior to 3:00 p.m. the sixth day after the election.
Election officials shall notify each elector who cast a provisional ballot, by the most expedient means possi ble,
whether or not the elector's ballot was counted, and the reason(s) why or why not.
Voter Info
Contact the Election Administrator at your county election office. Contact the Secretary of State at soselections@mt.gov or at
1-888-884-8683 (VOTE).
Last updated January 12, 2017
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