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44.3.2511    ELECTRONIC TRANSMISSION OF VOTING MATERIALS

(1) County election administrators shall allow covered voters to receive and transmit election materials electronically, as long as the security of transmission and identity of each elector is confirmed and facilities are available to maintain the accuracy, integrity, and secrecy of the ballot process. The procedures in this subchapter shall be followed, wherever applicable, in regard to the receipt and transmission of election materials electronically:

(a) A county election administrator must use the secretary of state's electronic absentee system or the election administrator's own system that is secure from unauthorized access.

(b) Upon request for electronic transmission of a ballot, an election administrator who has received a valid application from a covered voter shall, subject to (1), send by electronic mail instructions on how to access the electronic absentee system established by the secretary of state, if the system is available for the election, or send electronically a ballot, instructions to the elector, a transmittal cover sheet that includes an elector affirmation, and a notice that the elector's ballot will not be secret in that it will be received by the election administrator and the elector's votes will be transcribed to the original ballot, if applicable, by a panel of no less than two election officials. The original affirmation and original ballot, as applicable, shall be retained together in a secure absentee envelope or container for that purpose.

(c) The election administrator shall keep an official log of all ballots transmitted and received electronically.

(d) If the received ballot is acceptable, the election administrator shall log in the receipt of the ballot and place it in the secure absentee envelope with the original ballot, if applicable, and with the original affidavit until the ballots are ready to be transcribed.

(e) The receipt of electronically submitted ballots must be entered into the statewide voter registration system and a ballot shall be issued from the statewide voter registration system, if applicable, within three business days of receipt so that the covered voter may track the receipt of their ballot as required by federal law on the system designed for that purpose.

(f) On or before election day, the election administrator shall have the returned ballots transcribed, as applicable, using the procedure prescribed below.

(g) No less than two election officials shall participate in the transcription process to transfer the elector's vote from a received ballot, as applicable, to the standard ballot used in the precinct.

(h) An electronically transmitted ballot identifying number shall be written on the original transcribed ballot and the electronically transmitted ballot.

(i) The election officials who transcribed the electronically transmitted ballot shall sign in the log next to the name of the elector.

(j) No one participating in the electronic ballot transmission process may reveal any information about the elector's ballot.

(2) Nothing in this rule shall prohibit a county election official from participating in any secure program for facilitating voting by covered voters which is sponsored by an agency of the federal government. 

History: 13-21-104, MCA; IMP, 13-21-104, MCA; NEW, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2008 MAR p. 1329, Eff. 6/27/08; AMD, 2013 MAR p. 1700, Eff. 1/1/14.

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