BEFORE THE SECRETARY OF STATE

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 44.3.2010 pertaining to eligibility of applicants to be issued and cast a ballot

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO: All Concerned Persons

 

1. On October 14, 2021, at 10:00 a.m., the Secretary of State will hold a public hearing in the Secretary of State's Office conference room, Room 260, State Capitol, Helena, Montana, to consider the proposed amendment of the above-stated rule.  

 

2. The Secretary of State will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Secretary of State no later than 5:00 p.m., October 7, 2021, to advise us of the nature of the accommodation that you need.  Please contact Ray Dagnall, Secretary of State's Office, P.O. Box 202801, Helena, MT 59620-2801; telephone (406) 444-9009; fax (406) 444-3976; TDD/Montana Relay Service (406) 444-9068; or e-mail [email protected].

 

3. The rule proposed to be amended is as follows, new matter underlined, deleted matter interlined:

 

44.3.2010 APPLICANTS INELIGIBLE DUE TO AGE OR RESIDENCE REQUIREMENTS (1) through (3) remain the same

(4) Upon satisfying the voter registration qualifications in 13-1-111, MCA, a registered elector may obtain and cast a ballot pursuant to 13-2-205, MCA. The statewide voter registration database shall not include in the register the name of any individual who will not be at least 18 years of age or who will not have been a resident of Montana for at least 30 days on or before election day. 

 

AUTH:      13-2-109, MCA

IMP:          13-2-110, 13-2-205, MCA

 

REASONABLE NECESSITY: On May 14, 2021, the Governor of Montana signed into law House Bill (HB) 506. HB 506 revised procedures for prospective electors to register and to vote. The Office of the Secretary of State is proposing changes to ARM 44.3.2010 to reflect the changes in statute. 

 

            4. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Angela Nunn, Secretary of State's Office, P.O. Box 202801, Helena, Montana 59620-2801, or by e-mailing [email protected], and must be received no later than 5:00 p.m., October 22, 2021.

 

5. Austin James, Secretary of State's Office, has been designated to preside over and conduct the hearing.

 

6. The Secretary of State maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request which includes the name and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding administrative rules, corporations, elections, notaries, records, uniform commercial code, or combination thereof. Such written request may be mailed or delivered to the Secretary of State's Office, Administrative Rules Services, 1301 E. 6th Avenue, P.O. Box 202801, Helena, MT 59620-2801, or emailed to the office at [email protected].

 

7. With regard to the bill sponsor contact requirements of 2-4-302, MCA, the primary bill sponsor, Representative Fielder, was contacted by mail, email, and phone on September 8, 2021. 

 

8. With regard to the requirements of 2-4-111, MCA, the Secretary of State has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.

 

 

/s/ AUSTIN JAMES                                         /s/ CHRISTI JACOBSEN   

Austin James                                                   Christi Jacobsen

Rule Reviewer                                                 Secretary of State

 

Dated this 14th day of September, 2021.