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HOUSE BILL NO. 152
INTRODUCED BY T. WASHBURN
AN ACT REVISING PROOF OF RESIDENCY REQUIREMENTS FOR VOTER REGISTRATION AND PROOF OF IDENTITY REQUIREMENTS FOR VOTING; AND AMENDING SECTIONS 13-2-110, 13-13-114, 13-13-201, AND 13-13-602, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 13-2-110, MCA, is amended to read:
"13-2-110. Application for voter registration -- sufficiency and verification of information -- identifiers assigned for voting purposes. (1) An individual may apply for voter registration in person or by mail by completing and signing an application for voter registration and providing the application to the election administrator in the county in which the elector resides.
(2) An individual applying by mail shall send the application to the election administrator, postage paid, no later than 15 days after the date it is signed.
(3) Each application for voter registration must be accepted and processed as provided in rules adopted under 13-2-109.
(4) Except as provided in subsection (5):
(a) an applicant for voter registration shall provide the applicant's Montana driver's license number; or
(b) if the applicant does not have a Montana driver's license, the applicant shall provide the last four digits of the applicant's social security number.
(5) (a) If an applicant does not have a Montana driver's license or social security number, in addition to providing the last four digits of the applicant's social security number, the applicant shall provide as an alternative form of identification:
(i) a current and valid photo identification, including but not limited to a school district or postsecondary education photo identification or a tribal photo identification, with the individual's name; or
(ii) a current utility bill, bank statement, paycheck, government check, or other government document that shows the individual's name and current address
(i) a current Montana identification card issued pursuant to Title 61, chapter 12, part 5; or
(ii) a current tribal photo identification.
(b) The alternative form of identification must be:
(i) an original version presented to the election administrator if the applicant is applying in person; or
(ii) a copy of any of the required documents, which must be enclosed with the application, if the applicant is applying by mail.
(6) (a) If information provided on an application for voter registration is sufficient to be accepted and processed and is verified pursuant to rules adopted under 13-2-109, the election administrator shall register the elector as a legally registered elector.
(b) If information provided on an application for voter registration was sufficient to be accepted but the applicant failed to provide the information required in subsection (4) or (5) or if the information provided was incorrect or insufficient to verify the individual's identity or eligibility to vote, the election administrator shall register the applicant as a provisionally registered elector.
(7) Each applicant for voter registration must be notified of the elector's registration status pursuant to rules adopted under 13-2-109.
(8) The secretary of state shall assign to each elector whose application was accepted a unique identification number for voting purposes and shall establish a statewide uniform method to allow the secretary of state and local election officials to distinguish legally registered electors from provisionally registered electors.
(9) The provisions of this section may not be interpreted to conflict with voter registration accomplished under 13-2-221, 13-21-201, 13-21-203, and 61-5-107 and as provided for in federal law."
Section 2. Section 13-13-114, MCA, is amended to read:
"13-13-114. Voter identification and marking precinct register book before elector votes -- provisional voting. (1) (a) Before an elector is permitted to receive a ballot or vote, the elector shall present to an election judge a current photo identification showing the elector's name. If the elector does not present photo identification, including but not limited to one of the following:
(i) a valid current Montana driver's license, a school district or postsecondary education photo identification, or;
(ii) a current tribal photo identification,; or
(iii) a current Montana identification card issued pursuant to Title 61, chapter 12, part 5 the elector shall present a current utility bill, bank statement, paycheck, notice of confirmation of voter registration issued pursuant to 13-2-207, government check, or other government document that shows the elector's name and current address.
(b) An elector who provides the information listed in subsection (1)(a) may sign the precinct register and must be provided with a regular ballot to vote.
(c) If the information provided in subsection (1)(a) differs from information in the precinct register but an election judge determines that the information provided is sufficient to verify the voter's identity and eligibility to vote pursuant to 13-2-512, the elector may sign the precinct register, complete a transfer form or new registration form to correct the elector's voter registration information, and vote.
(d) An election judge shall write "transfer form" or "registration form" beside the name of any elector submitting a form.
(2) If the information presented under subsection (1) is insufficient to verify the elector's identity and eligibility to vote or if the elector's name does not appear in the precinct register, the elector may sign the precinct register and cast a provisional ballot as provided in 13-13-601.
(3) If the elector fails or refuses to sign the elector's name or if the elector is disabled and a fingerprint, an identifying mark, or a signature by a person authorized to sign for the elector pursuant to 13-1-116 is not provided, the elector may cast a provisional ballot as provided in 13-13-601."
Section 3. Section 13-13-201, MCA, is amended to read:
"13-13-201. Voting by absentee ballot -- procedures. (1) A legally registered elector or provisionally registered elector is entitled to vote by absentee ballot as provided for in this part.
(2) The elector may vote absentee by:
(a) marking the ballot in the manner specified;
(b) placing the marked ballot in the secrecy envelope, free of any identifying marks;
(c) placing the secrecy envelope containing one ballot for each election being held in the return envelope;
(d) executing the affidavit printed on the return envelope; and
(e) returning the return envelope with all appropriate enclosures by regular mail, postage paid, or by delivering it to the election administrator or, pursuant to 13-13-229, to the special absentee election board.
(3) A provisionally registered elector may also enclose in the outer return envelope a copy of the elector's photo identification showing the elector's name. The photo identification may be but is not limited to a valid driver's license, a school district or postsecondary education photo identification, or a tribal photo identification. If the provisionally registered elector does not enclose a photo identification, the elector may enclose a copy of a current utility bill, bank statement, paycheck, notice of confirmation of voter registration issued pursuant to 13-2-207, government check, or other government document that shows the elector's name and current address one of the identification documents listed in 13-13-114(1)(a)."
Section 4. Section 13-13-602, MCA, is amended to read:
"13-13-602. Fail-safe and provisional voting by mail. (1) To ensure the election administrator has information sufficient to determine the elector's eligibility to vote, an elector voting by mail may enclose in the outer return envelope, together with the voted ballot in the secrecy envelope, a copy of a current and valid photo identification with the elector's name or a copy of a current utility bill, bank statement, paycheck, notice of confirmation of voter registration issued pursuant to 13-2-207, government check, or other government document that shows the elector's name and current address one of the identification documents listed in 13-13-114(1)(a).
(2) The elector's ballot must be handled as a provisional ballot under 13-15-107 if:
(a) a provisionally registered elector voting by mail does not enclose with the ballot the information described referred to in subsection (1);
(b) the information provided under subsection (1) is invalid or insufficient to verify the elector's eligibility; or
(c) the elector's name does not appear on the precinct register."
Section 5. Coordination instruction. If both House Bill No. 91 and [this act] are passed and approved, then the section of House Bill No. 91 that amends 13-13-602 is void.
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Version of HB 152 (HB0152.ENR)
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