44.3.2707    VOTING BY NONREGISTERED ELIGIBLE ELECTORS

(1) Some elections authorized to use the mail ballot procedure do not require an otherwise qualified elector to be registered. Certain provisions must therefore be made to allow any such qualified electors to participate in that election.

(2) When such an individual appears in person or contacts the election administrator by mail, facsimile, or electronic means, and provides materials demonstrating that the individual possesses the qualifications required for voting as provided in 7-13-2212, 7-33-2106, 85-7-1710, and 85-8-305, MCA, or a similar section, the individual must be allowed to vote, by following 13-19-304, MCA, either:

(a) voting in person at that time, provided the ballots are available, and in the manner provided in 13-19-304, MCA; or

(b) completing and signing, or providing the signature of the individual's agent designated pursuant to 13-1-116, MCA, for subsequent signature verification purposes, an absentee request as provided in Title 13, chapter 13, part 2, MCA.

(3) In each case of voting by a nonregistered but otherwise eligible elector, officials shall:

(a) duly note the elector's nonregistered status on the signature envelope, either at the time of voting if in person, or prior to mailing; and

(b) enter the elector's name in the register, on an addendum page provided for that purpose, and include all names so entered in their register reconciliation.

History: 13-19-105, MCA; IMP, 13-19-304, MCA; NEW, 1985 MAR p. 1020, Eff. 7/26/85; AMD, 1990 MAR p. 308, Eff. 2/9/90; AMD, 2010 MAR p. 1319, Eff. 5/28/10; AMD and TRANS, from 44.9.303, 2012 MAR p. 760, Eff. 4/13/12.