BEFORE THE SECRETARY OF STATE

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 44.3.104 pertaining to guidelines for polling place accessibility

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

TO: All Concerned Persons

 

1. On January 16, 2024, at 2:30 p.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 rules. 

 

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., January 9, 2024, to advise of the nature of the accommodation needed. Please contact Andy Ritter, Secretary of State's Office, P.O. Box 202801, Helena, MT 59620-2801; telephone (406) 444-7911; fax (406) 444-3976; TTY/Montana Relay Service 711; or email [email protected].

 

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

 

44.3.104 GUIDELINES FOR POLLING PLACE ACCESSIBILITY

(1)  Polling places approved on or after October 1, 2005, must comply with the accessibility standards in the Americans With Disabilities Act of 1990, 42 U.S.C. 12101, et seq.  Completed forms prescribed by the Secretary of State pursuant to ARM 44.2.102(1)(b) 44.3.102 are the method by which an election administrator must demonstrate the compliance of each polling place with this subchapter. 

 

AUTH: 13-3-205, MCA

IMP: 13-3-205, MCA

 

            REASONABLE NECESSITY: The proposed amendment is correcting an incorrect administrative rule reference to the correct reference.

 

4. With regard to the requirements of 2-4-302(1)(c), MCA, it has been determined that this change will not have a fiscal impact.

 

5. 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., January 19, 2024.

 

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

 

7. 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 may submit their request online at https://sosmt.gov/arm/secretary-of-state-administrative-rules/ or submit a written request which includes the name and contact information of the person who wishes to receive notices. Written requests 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 [email protected].

 

8. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

9. 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 MARKUS JAMES                      /s/ CHRISTI JACOBSEN    

Austin Markus James                                   Christi Jacobsen

Rule Reviewer                                              Secretary of State

 

Dated this 12th day of December, 2023.