44.3.2110    PROCEDURES AT THE POLLING PLACE FOR DETERMINING THE SUFFICIENCY OF IDENTIFICATION - PRIOR TO CASTING A BALLOT

(1) Consistent with 13-13-114, MCA, before an elector is permitted to receive a ballot or vote, the elector shall present to an election judge one of the forms of required identification defined in ARM 44.3.2102.

(2) An election official shall allow an elector whose name appears on the precinct register, but who does not provide a required form of identification, to do the following:

(a) return to the polling place with a required form of identification; or

(b) cast a provisional ballot.

(3) An elector who is otherwise eligible to vote and who provides a form of identification shall be permitted to vote as follows:

(a) if the information on the form of identification provided is determined to be sufficient by an election official while the elector is at the polling place, the elector shall be provided a regular ballot to vote;

(b) if the information on the form of identification provided is determined to be insufficient by an election official while the elector is at the polling place, the elector shall be provided a provisional ballot to vote; and

(c) consistent with 13-13-114, MCA, if the identification provided differs from information in the precinct register, but an election judge determines that the information provided is sufficient to verify the voter's identity to vote pursuant to 13-2-512, MCA, the elector may sign the precinct register, complete a new registration form to update or correct the elector's voter registration information, and vote. An election judge shall write "registration form" in the register beside the name of any elector submitting a form.

(4) Consistent with 13-13-114 and 13-1-116, MCA, if the elector is not able to sign the elector's name to the precinct register, a fingerprint or other identifying mark may be used, or the elector may have an election administrator or election judge, or another person who has been designated by the elector as the elector's agent, provide a signature or identifying mark. If the elector fails or refuses to sign the elector's name or, if unable to write, fails to provide a fingerprint or other identifying mark, the elector may cast a provisional ballot as provided in 13-13-601, MCA, and these rules.

 

History: 13-13-603, MCA; IMP, 13-1-116, 13-13-114, MCA; NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2010 MAR p. 1545, Eff. 6/25/10; AMD, 2012 MAR p. 760, Eff. 4/13/12; AMD, 2013 MAR p. 1628, Eff. 9/6/13; AMD, 2022 MAR p. 169, Eff. 1/29/22.