BEFORE THE SECRETARY OF STATE

OF THE STATE OF MONTANA

 

In the matter of the adoption of New Rule I and the amendment of ARM 44.3.110 and 44.3.2511 pertaining to voting accessibility for electors with disabilities and the Montana Absent Uniformed Services and Overseas Voter Act

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NOTICE OF ADOPTION AND AMENDMENT

 

TO: All Concerned Persons

 

1. On July 16, 2015, the Secretary of State published MAR Notice No. 44-2-204 pertaining to the public hearing on the proposed adoption and amendment of the above-stated rules at page 915 of the 2015 Montana Administrative Register, Issue Number 13.

 

2. The Secretary of State has amended the following rules as proposed: ARM 44.3.110 and 44.3.2511.

 

3. The Secretary of State has adopted the following rule as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:

 

NEW RULE I (44.3.116) ELECTRONIC TRANSMISSION OF VOTING MATERIALS (1) and (1)(a) remain the same.

(b)  When an election administrator receives a valid application for electronic transmission of a ballot from an elector with disabilities, the election administrator shall, subject to (1), e-mail the elector the ballot, instructions to the elector, and a transmittal cover sheet that includes an elector affirmation.  A ballot secrecy envelope and a ballot signature envelope shall be provided either electronically or through the mail to each elector with a valid application for electronic ballot.  The original ballot shall be retained in a secure absentee envelope or container for that purpose.

(c) through (j) remain the same.

 

4. No member of the public commented. The Secretary of State received a comment from K. Virginia Aldrich, an attorney for the State Administration and Veterans' Affairs Interim Committee, suggesting that language concerning the transmission of a secrecy envelope be added to the rule. The rule is amended to accommodate that suggestion.

 

5. The effective date of these amendments and new rule is October 1, 2015.

 

 

 

/s/ JORGE QUINTANA                         /s/ LINDA MCCULLOCH                      

Jorge Quintana                                     Linda McCulloch

Rule Reviewer                                       Secretary of State

         

Dated this 17th day of August, 2015.