(1) If an existing polling place has been surveyed and designated as "inaccessible", the election administrator shall make a reasonable effort to seek and survey for accessibility other potential sites with comparable utility as a polling place.

(2) Nothing herein shall require an election administrator to choose an accessible polling place facility located within the jurisdiction in such a manner as to require excessive travel or other hardships for the majority of the qualified electors.

(3) If potential polling place facilities have been surveyed and no accessible facility is available and the facilities which are available cannot safely and reasonably be made temporarily accessible, the election administrator shall request in writing to the Secretary of State that the existing polling place be exempt from the criteria set forth in these rules.

(4) A separate request for exemption shall be submitted for each polling place not in compliance. The request shall identify the polling place, how it is not in compliance, the efforts being made to bring it into compliance, and the efforts to locate an alternate site.

(5) Within 30 days following the receipt of a request for exemption, the Secretary of State may grant a certification of exemption to the election administrator for that polling place. Such exemption, if granted, shall be valid for a period of three years from the date of issuance.

(6) If the Secretary of State has reason to believe such an exemption would not be in the best interest of the majority of the elderly and handicapped electors, he shall deny the exemption and:

(a) report to the election administrator and the county governing body his reasons for the denial; and

(b) request that an accessible or "technically inaccessible but usable" polling place facility be located.

(7) A polling place designated as "rural" 45 days prior to an election, shall be exempt from the on-site survey procedure provided in ARM 44.3.108.

(8) If one or more disabled persons contact the election administrator or the Secretary of State concerning a specific exemption, the Secretary of State shall work in cooperation with the election administrator and the disabled person(s) in locating an available facility that is accessible or providing an acceptable alternative method of voting according to the provisions in ARM 44.3.110.