36.6.101    CONDUCT OF REFERENDUM

(1) (a) The department shall appoint an election administrator who may be the county election administrator.

(b) The election administrator shall appoint at least two election judges for each polling place.

(c) The election administrator and election judges shall take an oath or affirmation of office.

(2) (a) The election administrator shall give due notice of the referendum. Such notice shall be given fourteen days prior to the referendum.

(b) Notice shall be given by posting in at least five conspicuous places where notices are usually placed.

(c) Notice may in addition be given through local news media.

(d) An affidavit of posting of notice shall be made.

(3) (a) Elections shall be held by one of the following methods:

(i) by open poll voting and absentee ballot;

(ii) by mail; or

(iii) by a combination of open poll voting in one precinct and by mail in another precinct, but not by both methods in a single precinct.

(b) Open poll elections may be held in conjunction with a general or special election provided proper arrangements are made with the county election administrator.

(4) The election administrator shall obtain or prepare a poll list of eligible voters.

(5) The election judges of each polling place shall submit the result of the referendum of their polling place to the election administrator.

(6) The election administrator shall compile and certify the result of the referendum and submit the result to the department.

(7) The election administrator shall return the oath of office, affidavit of posting notice (copy of notice attached) , poll lists, tally sheets, and certificate of result to the department, along with the result of the referendum.

History: 76-15-208, MCA; IMP, 76-15-207 through 76-15-209, MCA; NEW, Eff. 6/4/74; AMD, 1996 MAR p. 772, Eff. 3/22/96.