13-13-204. Authority to vote in person -- printing error or ballot destroyed -- replacement ballot -- effect of absentee elector's death. (1) (a) If an elector has received but not voted an absentee ballot and the absentee ballot contains printing errors or omissions, the elector may receive a replacement or corrected ballot.
(b) The death of a candidate after the printing of the ballot constitutes a printing error or omission on the ballot.
(2) An elector may:
(a) request a replacement ballot from the election administrator pursuant to subsection (1) or if the original ballot is destroyed, spoiled, lost, or not received by the elector; or
(b) appear at the appropriate polling place on election day and vote in person after being issued a provisional ballot.
(3) A request for a replacement ballot submitted to the election administrator must be made on a form prescribed by the secretary of state and must be made in person, by regular or electronic mail, or by facsimile no later than 8 p.m. on election day.
(4) Upon receiving a request for a replacement ballot pursuant to subsection (3), the election administrator shall mark the original issued ballot as void in the statewide voter registration system and issue a replacement regular ballot to the elector.
(5) A replacement ballot may also be issued pursuant to 13-13-245.
(6) If an elector votes by absentee ballot and the ballot has been mailed to or received by the election administrator but the elector dies between the time of balloting and election day, the deceased elector's ballot must be counted.
History: En. Sec. 127, Ch. 571, L. 1979; amd. Sec. 2, Ch. 120, L. 1983; amd. Sec. 9, Ch. 298, L. 1987; amd. Sec. 4, Ch. 85, L. 1997; amd. Sec. 26, Ch. 475, L. 2003; amd. Sec. 1, Ch. 359, L. 2005; amd. Sec. 1, Ch. 217, L. 2009; amd. Sec. 19, Ch. 297, L. 2009; amd. Sec. 2, Ch. 101, L. 2011; amd. Sec. 25, Ch. 336, L. 2013.
Structure Montana Code Annotated
Chapter 13. Election Procedure
Part 2. Procedure for Electors Absent From the Polling Place
13-13-201. Voting by absentee ballot -- procedures
13-13-205. When ballots to be available for absentee voting
13-13-206. through 13-13-210 reserved
13-13-211. Time period for application
13-13-213. Transmission of application to election administrator -- delivery of ballot
13-13-214. Mailing absentee ballot to elector -- delivery to person other than elector
13-13-215. through 13-13-220 reserved
13-13-222. Marking ballot in person before election day
13-13-223. and 13-13-224 reserved
13-13-225. Absentee election boards -- members -- appointment
13-13-226. Manner of selection
13-13-227. Oath of board members
13-13-229. Voting performed before absentee election board or authorized election official
13-13-232. Delivery of ballots and secrecy envelopes to election judges -- ballots to be rejected
13-13-233. Issuing and recording absentee ballots -- certificate to election judges
13-13-234. Duty of election judges -- pollbook
13-13-235. Renumbered 13-13-241
13-13-236. Renumbered 13-13-243
13-13-239. Renumbered 13-13-244
13-13-243. Renumbered 13-15-108
13-13-244. Opening of signature envelopes after deposit
13-13-245. Notice to elector -- opportunity to resolve questions
13-13-246. Electronic ballots for disabled persons -- procedures -- definition -- rulemaking
13-13-247. through 13-13-269 reserved
13-13-270. Absentee voting provisions for United States electors supersede
13-13-271. Renumbered 13-21-204
13-13-272. Renumbered 13-21-205
13-13-273. Renumbered 13-21-206
13-13-274. and 13-13-275 reserved
13-13-277. Renumbered 13-21-207