44.3.2114    PROVISIONAL VOTING PROCEDURES ON ELECTION DAY AFTER THE CLOSE OF POLLS - THE SIXTH DAY AFTER ELECTION DAY

(1) Provisional ballots must be handled consistent with 13-15-107, MCA.

(2) The election administrator shall direct election officials in each precinct, after the close of polls on election day, to tally the number of electors who have chosen to cast provisional ballots, but whose voter information is not verified at the polls by the end of election day, in a location specified by the election administrator in the records maintained by election officials.

(3) For verified provisional ballots, an election official shall mark the provisional ballot outer envelope with the reason(s) why it was verified and removed and place the provisional ballot outer envelope in the verified provisional ballot container.

(4) All information regarding electors who have chosen to cast provisional ballots shall remain private at all times prior to and during the counting of provisional ballots and shall not be released prior to, during, or after the counting period without a court order.

(5) Election officials shall seal the unverified and verified provisional ballot containers and ensure delivery according to the election administrator's instructions.

History: 13-13-603, MCA; IMP, 13-15-107, 13-15-301, MCA; NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2008 MAR p. 1329, Eff. 6/27/08, AMD, 2010 MAR p. 1319, Eff. 5/28/10; AMD, 2010 MAR p. 1545, Eff. 6/25/10; AMD, 2013 MAR p. 1628, Eff. 9/6/13.