44.3.2115    PROVISIONAL VOTING PROCEDURES - AFTER FINAL DETERMINATION WHETHER OR NOT TO COUNT PROVISIONAL BALLOTS

(1) Election officials, after making the final determination whether or not to count the ballot(s) of each elector who cast a provisional ballot(s) and separately recording the reason(s) why each ballot was cast as a provisional ballot and why each ballot was counted or not counted, shall:

(a) open the verified provisional ballot container, record on the provisional ballot outer envelope the reason(s) for counting the verified provisional ballots, and seal the verified provisional ballot container, which shall not be opened without a court order; and

(b) open the unverified provisional ballot container, and mark on each provisional ballot outer envelope that the elector's vote was not counted, and the reason why not, and all other applicable information, and seal the unverified provisional ballot container, which shall not be opened without a court order.

(2) Election officials or election workers shall notify each elector who cast a provisional ballot, by the most expedient means possible, whether or not the elector's vote was counted, and the reason(s) why or why not.

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History: 13-1-202, 13-13-603, MCA; IMP, 13-1-202, 13-15-107, MCA; NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2010 MAR p. 1545, Eff. 6/25/10.