44.3.2405    DETERMINING A VALID VOTE ON A FEDERAL WRITE-IN ABSENTEE BALLOT

(1) A covered voter voting a federal write-in absentee ballot for a federal general election may designate a candidate by writing in the name of the candidate or by writing in the name of the political party for which the elector is voting. A written designation of the political party must be counted as a vote for the candidate of that party. A vote may not be voided for reasons of misspellings, abbreviations, or other minor variations of the candidate's name.

(2) Except as provided in (2)(a), a covered voter may vote in any election for a public office other than for a federal office by using the addendum provided in the federal write-in absentee ballot.

(a) If the elector is voting in a primary election, the elector shall identify the elector's political party affiliation as provided for in the appropriate section of the ballot. A vote cast by writing in the name of a candidate who is not affiliated with the elector's identified party is void and may not be counted.

History: 13-21-104, MCA; IMP, 13-21-223, MCA; NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2008 MAR p. 1329, Eff. 6/27/08; AMD, 2013 MAR p. 1700, Eff. 1/1/14.