Mont. Admin. R. tit. 44 | Mont. Admin. R. Title 44 — Secretary of State

Chapter 44.1 Organizational Rule

Subchapter 44.1.1 Organizational Rule

Mont. Admin. R. 44.1.101 Organizational Rule

(1) Organization of the Office of the Secretary of State.

(a) The Office of the Secretary of State of the state of Montana was created by the 1889 Constitution of the state of Montana, Article VII, Section 1. The office was continued and currently exists under the 1972 Constitution of the state of Montana, Article VI, Section 1.

(b) The Office of the Secretary of State is part of the executive branch of the state government and is headed by an elected official, the Secretary of State. A variety of duties imposed on the Secretary of State by the state constitution and statute are discharged by the Secretary of State and appointed deputies under the direction of the Secretary of State with the administrative support of the divisions.

(c) The internal structure of the office is administered by the Secretary of State through a chief deputy and three divisions:

(i) Operations Division;

(ii) Business Services Division; and

(iii) Elections and Voter Services Division.

(d) The Commissioner of Political Practices is administratively attached to the Office of the Secretary of State as provided in 2-15-411, MCA.

(e) The Board of State Canvassers was transferred to the Office of the Secretary of State under the Executive Reorganization Act of 1971. The board is comprised of the State Auditor, the Superintendent of Public Instruction, and the Attorney General. The Secretary of State is the secretary of the board and furnishes clerical support to the board. The Board of State Canvassers has no rulemaking authority.

(2) The duties and functions of the Office of the Secretary of State are outlined in the Montana Constitution and Title 2, chapter 15, part 4, MCA. Some of the general duties include:

(a) interpreting state election laws and overseeing elections;

(b) maintaining the official records of the executive branch and the acts of the legislature;

(d) publishing administrative rules adopted by state departments, boards, and agencies;

(e) attesting to the Governor's signature on executive orders, proclamations, resolutions, extradition papers, and appointments;

(f) commissioning notaries public;

(g) filing and maintaining records of secured financial transactions, such as liens; and

(h) serving on the Board of Land Commissioners and the Board of Examiners.

(3) The functions of the divisions follow:

(a) The Operations Division provides various services both internally to the office and externally to the public. The primary services of the division include:

(i) Human Resources;

(ii) Communications;

(iii) Fiscal Management;

(iv) Information Technology and Security;

(v) Official Records;

(vi) Records Management;

(vii) Administrative Rules; and

(viii) Notary.

(b) The Business Services Division offers an extensive range of services to Montana businesses. The primary functions of the division include:

(i) assistance to businesses with the filing of their registration, articles of incorporation, assumed business names, and trademarks; and

(ii) filing and maintaining records under the Uniformed Commercial Code (UCC).

(i) providing interpretations and guidance on election laws to ensure uniformity across Montana elections; and

(ii) providing assistance to Montana voters, candidates, and election officials.

(4) The Secretary of State is a member of the Board of Examiners, the Board of Land Commissioners, the State Records Committee, and the Local Government Records Committee.

(5) General inquiries regarding the office may be addressed to the Montana Secretary of State, Room 260, State Capitol, P.O. Box 202801, Helena, Montana 59620-2801, or by calling (406) 444-2034, or visiting sosmt.gov .

(6) The organizational chart of the Office of the Secretary of State follows this rule, and a staff directory is located on the Office of the Secretary of State's website at sosmt.gov .

Official policy figure

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; AMD, Eff. 8/4/75; AMD, Eff. 7/26/77; AMD, Eff. 3/31/80; AMD, Eff. 7/1/81; AMD, Eff. 3/31/87; AMD, Eff. 9/1/89; AMD, Eff. 7/1/91; AMD, Eff. 9/30/04; AMD, Eff. 9/30/06; AMD, Eff. 3/31/08; AMD, Eff. 6/30/10; AMD, Eff. 3/31/18; AMD, Eff. 1/4/21; AMD, Eff. 2/15/24.

Chapter 44.2 Overall Office Rules

Subchapter 44.2.1 Incorporation of Model Rules

Mont. Admin. R. 44.2.101 Incorporation of Model Rules

(1) The Secretary of State adopts and incorporates by reference ARM 1.3.102 and 1.3.205 through 1.3.233 relating to citizens' participation, noticing and hearing procedures, and declaratory rulings. A copy of the model rules may be obtained from the Secretary of State, Montana State Capitol, Helena, Montana 59620.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-202, MCA
History: NEW, 1980 MAR p. 133, Eff. 1/18/80; AMD, 1981 MAR p. 1386, Eff. 1/1/82; AMD, 2008 MAR p. 66, Eff. 1/18/08.

Subchapter 44.2.2 Access to Documents and Fees for Copies and Returned Check Service Fees

Mont. Admin. R. 44.2.201 Fees for Receipt of Facsimile Filing of Documents (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 30-9-403, 30-13-217, 30-13-311, 35-1-1201, 35-2-1001, 35-12-521, MCA
Implementing statute(s): 30-9-403, 30-13-217, 30-13-311, 35-1-1201, 35-2-1001, 35-12-521, 71-3-125, MCA
History: NEW, 1989 MAR p. 1342, Eff. 10/1/89; AMD, 1993 MAR p. 2248, Eff. 10/1/93; REP, 2008 MAR p. 2056, Eff. 10/1/08.

Mont. Admin. R. 44.2.202 Fees for Facsimile Transmissions of Documents (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-15-405, 35-1-1307, MCA
Implementing statute(s): 2-15-405, 35-1-1206, MCA
History: NEW, 1989 MAR p. 1342, Eff. 9/15/89; AMD, 2001 MAR p. 2472, Eff. 1/1/02; AMD, 2009 MAR p. 1687, Eff. 9/25/09; REP, 2014 MAR p. 856, Eff. 4/25/14.

Mont. Admin. R. 44.2.203 Priority Handling of Documents (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 30-9A-526, 35-1-1307, 35-2-1107, MCA
Implementing statute(s): 30-13-217, 35-2-1003, 35-12-521, MCA
History: NEW, 1989 MAR p. 1342, Eff. 9/15/89; AMD, 1993 MAR p. 2248, Eff. 10/1/93; AMD, 2006 MAR p. 2138, Eff. 9/22/06; AMD, 2009 MAR p. 1687, Eff. 9/25/09; REP, 2014 MAR p. 856, Eff. 4/25/14.

Mont. Admin. R. 44.2.204 Access to Public Information and Fees for Copies

(1) Pursuant to Article II, section 9, of the Montana Constitution, and 2-6-1003, MCA, government documents and public information may be examined and copies provided to the public, with a few exceptions where privacy and security concerns outweigh the public's right to know.

(a) This rule pertains to public information made available or copied pursuant to the public's right to know.

(b) Fees charged for other services provided by the Secretary of State's office are not affected by this rule, including but not limited to document and record services provided by the Business Services Division, Administrative Rules Services, Notarial Services, and Records and Information Management Services.

(2) Requests to examine public information in the Secretary of State's Office will be granted by appointment. There is no charge for examination of public information in the office, but fees for research and preparing public information for examination or copying will be charged in accordance with (6).

(3) The Secretary of State shall maintain the integrity of original records. If in the opinion of the Secretary of State any requested record might be altered, stolen, or is irreplaceable, a staff person will supervise any examination or copying of that record.

(4) Requests to examine and/or for copies of public information will be processed and completed as soon as possible depending upon the workload and availability of staff. Agency staff will be responsible for gathering and providing the requested copies utilizing office equipment and resources.

(5) The Secretary of State will determine the form in which a copy of public information will be provided. In accordance with 2-6-1006, MCA, the Secretary of State is not required to alter or customize any public information to provide it in a form specified to meet the needs of any requesting person. A request for a customized record request response will be reviewed in accordance with 2-6-1006, MCA.

(6) In accordance with 2-6-1006, MCA, the Secretary of State will charge fees for fulfilling requests for public information, not to exceed the actual costs directly incident to fulfilling the request in the most cost-efficient and timely manner possible. The fees will include the staff time required to review and gather the public information, including but not limited to legal review, research, IT services, gathering, and copying. Payment of the fees will be required in advance in accordance with 2-6-1006, MCA, and will be as follows:

(a) photocopies, $.50 per page

(b) digital images, $.15 per page

(d) records recalled from offsite storage – actual cost

(e) staff time for gathering and copying electronic files – actual cost

(f) digital media – actual cost

(g) legal review – actual cost

(h) research / analysis apart from simple collection – actual cost

(i) additional services required of Information & Technology Services Division – actual cost

(7) Agency staff will record and document all time and expenses associated with a public information request, and a fee for staff time will be charged only when it exceeds one-half hour of time.

History

Authorizing statute(s): 2-6-1006, 2-15-405, MCA
Implementing statute(s): Article II, section 9, Montana Constitution, 2-6-1003, 2-6-1006, MCA
History: NEW, 2011 MAR p. 1558, Eff. 8/12/11; AMD, 2016 MAR p. 2436, Eff. 12/24/16; AMD, 2022 MAR p. 1770, Eff. 9/10/22.

Mont. Admin. R. 44.2.205 Returned E-Check Service Fee

(1) A $15.00 processing fee may be charged for returned e-checks.

History

Authorizing statute(s): 2-15-405, MCA
Implementing statute(s): 2-15-405, 27-1-717, MCA
History: NEW, 2014 MAR p. 2179, Eff. 9/19/14; AMD, 2026 MAR, Notice No. 2026-18, Eff. 9/5/26.

Subchapter 44.2.3 Acceptance of Electronic Records and Electronic Signatures and the Secretary of State's Statewide Electronic Filing System

Mont. Admin. R. 44.2.301 Acceptance of Electronic Records and Electronic Signatures

(1) Effective early in 2016, the business services division of the Secretary of State's office will begin accepting business filings electronically.

(2) Electronic signatures contained in the electronic records referenced in (1) must meet the definition set forth in 30-18-102, MCA.

(3) Any documents not filed electronically with the business services division must be on paper or by facsimile and must be signed by the person executing the document.

(4) Electronic signatures, as defined in 30-18-102, MCA shall be accepted by the business services division if they meet the following criteria. The electronic signature shall:

(a) be unique to the person using it;

(b) either have an electronic authentication process attached or must be logically associated with the document;

(c) be capable of verification so that the acceptor of the electronically signed document can verify that the document was electronically signed by the person;

(d) be under the sole control of the person using it; and

(e) be linked to the data in such a manner that if the data are changed, the digital signature is invalidated.

(5) The name and title of the person signing digitally shall also be provided.

History

Authorizing statute(s): 30-18-118, MCA
Implementing statute(s): 30-18-117, MCA
History: NEW, 2012 MAR p. 133, Eff. 1/13/12; AMD, 2016 MAR p. 594, Eff. 4/9/16.

Mont. Admin. R. 44.2.302 Secretary of State's Statewide Electronic Filing System

(1) Pursuant to 2-15-401 and 2-15-404, MCA, the Secretary of State has developed and implemented a statewide electronic filing system (system) to allow the online filing of business documents required to be filed with the Secretary of State.

(2) The system is hosted in a PCI (payment card industry) compliant data center and day-to-day operational and security management is the responsibility of a contracted vendor.

(3) The system is built to accept and store properly entered data, allow later search capability of the system, and provide standardized reporting.

(4) Users are required to set up an account to create or edit records maintained in the system, which identifies them for the purpose of authentication.

(5) Password complexity for online users is consistent with Department of Administration standards.

(6) State and federal law governing the filing of lien notices does not require signatures if the document is filed online.

(7) The system generates an image based on the information entered by the online user which contains a unique filing number and filing date/time and may be printed for the user's records.

(8) Users submitting a business filing that is returned by the Secretary of State have 90 days to resubmit the document or it will be removed from the electronic repository that holds documents during the working stage of the filing process.

History

Authorizing statute(s): 2-15-401, 2-15-404, MCA
Implementing statute(s): 2-15-401, 2-15-404, MCA
History: NEW, 2015 MAR p. 1764, Eff. 10/16/15; AMD, 2016 MAR p. 594, Eff. 4/9/16; AMD, 2017 MAR p. 1678, Eff. 9/23/17; AMD, 2022 MAR p. 1770, Eff. 9/10/22.

Chapter 44.3 Elections

Subchapter 44.3.1 Voting Accessibility

Mont. Admin. R. 44.3.101 Introduction, Scope, and Intent

(1) The purpose of these rules is to establish minimum guidelines to be used in determining whether facilities used for voting in certain elections are accessible to electors with disabilities and elderly electors pursuant to the Americans With Disabilities Act, 42 U.S.C. 12132, and the Voting Accessibility for the Elderly and Handicapped Act, 42 U.S.C. 1973ee, et seq.

(2) It is the intent of the secretary of state's office that county governing bodies and election administrators work together and proceed in good faith to fully comply with the Americans With Disabilities Act.

(3) For the purpose of clarity and throughout these rules, the Voting Accessibility for the Elderly and Handicapped Act shall be referred to as the Voting Accessibility Act. The Americans With Disabilities Act will be referred to as the ADA.

(4) These rules shall only apply to federal elections conducted under 13-1-104 and 13-1-107, MCA.

History

Authorizing statute(s): 13-1-202, 13-3-205, MCA
Implementing statute(s): 13-1-202, 13-3-205, MCA
History: NEW, 1986 MAR p. 462, Eff. 3/28/86; AMD, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2012 MAR p. 760, Eff. 4/13/12.

Mont. Admin. R. 44.3.102 Role of Secretary of State

(1) The Secretary of State is empowered under the Voting Accessibility Act, 13-1-202, MCA, and these rules to:

(a) establish guidelines that define and determine accessibility at the polling place;

(b) prescribe the forms and materials necessary to ensure uniformity in the surveying of polling places;

(d) grant exemptions to the requirement that a polling place shall be accessible to the elderly and individuals with disabilities;

(e) establish procedures to ensure that any individual with a disability or elderly voter assigned to an inaccessible polling place will be provided with an alternative means for casting a ballot on election day;

(f) provide public notice, calculated to reach individuals with disabilities or elderly electors in a timely manner, of the:

(i) availability of aids under the Voting Accessibility Act;

(ii) assistance under section 208 of the Voting Rights Act of 1965 (42 U.S.C. 1973 aa-6); and

(iii) procedures for voting by absentee ballot; and

(g) report to the applicable federal agency, in a manner to be determined by the agency:

(i) the number of accessible polling places in the state;

(ii) the number of inaccessible polling places; and

(iii) the reasons for each instance of inaccessibility.

(2) These are the rules adopted to establish and maintain uniformity in the implementation of the Voting Accessibility Act.

History

Authorizing statute(s): This rule is advisory only, but may be considered a correct interpretation of the law. 13-3-205, MCA
Implementing statute(s): 13-3-205, MCA
History: NEW, 1986 MAR p. 462, Eff. 3/28/86; AMD, 2008 MAR p. 1329, Eff. 6/27/08.

Mont. Admin. R. 44.3.103 Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-3-202, MCA
Implementing statute(s): 13-3-202, MCA
History: NEW, 1986 MAR p. 462, Eff. 3/28/86; AMD, 2008 MAR p. 1329, Eff. 6/27/08; REP, 2012 MAR p. 760, Eff. 4/13/12.

Mont. Admin. R. 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 44.3.102 are the method by which an election administrator must demonstrate the compliance of each polling place with this subchapter.

History

Authorizing statute(s): 13-3-205, MCA
Implementing statute(s): 13-3-205, MCA
History: NEW, 1986 MAR p. 462, Eff. 3/28/86; AMD, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2008 MAR p. 1329, Eff. 6/27/08; AMD, 2010 MAR p. 1319, Eff. 5/28/10; AMD, 2024 MAR p. 286, Eff. 2/10/24.

Mont. Admin. R. 44.3.105 Survey Procedure to Determine Accessibility

(1) Unless specified otherwise, the election administrator shall conduct an on-site survey in each polling place 45 days prior to utilizing that facility, as provided in ARM 44.3.109, to determine whether such facilities are in compliance with the criteria set forth in these rules.

(2) Election administrators should encourage county commissioners, election judges, members of the election administrator's staff, and a voting accessibility advisory committee to participate in the survey procedure.

(3) The survey shall be conducted in such a manner as to represent the actual path of travel an elector would take upon arrival at the polling place on election day.

(4) A form prescribed by the Secretary of State shall be used as a checklist for each polling place surveyed. Copies of the survey shall be made available for public inspection and to the Secretary of State upon request, except as provided in (5).

(5) If an existing polling place fails to satisfy the criteria for accessibility and cannot be permanently or temporarily altered in a safe and reasonable manner to satisfy the criteria before the date of the election, it will be designated "inaccessible" and shall not be used unless an exemption is granted by the Secretary of State in accordance with the provisions of ARM 44.3.106.

(6) A copy of all survey forms for polling places shall be forwarded to the Secretary of State 45 days prior to the election for which the survey was conducted.

(7) A request for exemption form, as prescribed by the Secretary of State, and defined in ARM 44.3.106, shall be attached to the survey for those polling places designated as "inaccessible".

History

Authorizing statute(s): 13-3-205, MCA
Implementing statute(s): 13-3-206, MCA
History: NEW, 1986 MAR p. 462, Eff. 3/28/86; AMD, 1996 MAR p. 3221, Eff. 12/20/96; AMD, 2008 MAR p. 1329, Eff. 6/27/08; AMD, 2010 MAR p. 1545, Eff. 6/25/10.

Mont. Admin. R. 44.3.106 Exemption Procedure

(1) If an existing polling place has been surveyed and designated as "inaccessible," the election administrator shall make a reasonable effort to seek and survey for accessibility other potential sites with comparable utility as a polling place.

(2) If potential polling place facilities have been surveyed and no accessible facility is available and the facilities which are available cannot safely and reasonably be made temporarily accessible, the election administrator shall request in writing to the secretary of state that the existing polling place be exempt from the criteria set forth in these rules.

(3) A separate request for exemption shall be submitted for each polling place not in compliance. The request shall identify the polling place, how it is not in compliance, the efforts being made to bring it into compliance, and the efforts to locate an alternate site.

(4) Within 30 days following the receipt of a request for exemption, the secretary of state may grant a certification of exemption to the election administrator for that polling place. Such exemption, if granted, shall be valid for a period of three years from the date of issuance.

(5) The secretary of state may grant an exemption pursuant to this subchapter if all potential polling places have been surveyed and the election administrator has certified that:

(a) an accessible polling place is not available and the county or school district cannot safely or reasonably make a polling place temporarily accessible in the area involved; or

(b) the location is designated inaccessible because it is a rural polling place and designation of an accessible facility as a polling place will require excessive travel or impose other hardships for the majority of qualified electors in the polling place.

(6) If the secretary of state has reason to believe such an exemption would not be in the best interest of the majority of the individuals with disabilities, the secretary of state shall deny the exemption and:

(a) report to the election administrator and the county governing body the secretary's reasons for the denial.

(7) A polling place designated 45 days prior to an election as inaccessible because it is rural shall be exempt from the on-site survey procedure provided in ARM 44.3.108.

(8) If one or more individuals with disabilities contact the election administrator or the secretary of state concerning a specific exemption, the secretary of state shall work in cooperation with the election administrator and the individuals with disabilities in locating an available facility that is accessible or providing an acceptable alternative method of voting according to the provisions in ARM 44.3.110.

History

Authorizing statute(s): 13-3-205, MCA
Implementing statute(s): 13-3-207, 13-3-212, MCA
History: NEW, 1986 MAR p. 462, Eff. 3/28/86; AMD, 1996 MAR p. 3221, Eff. 12/20/96; AMD, 2008 MAR p. 1329, Eff. 6/27/08; AMD, 2010 MAR p. 1545, Eff. 6/25/10; AMD, 2022 MAR p. 839, Eff. 5/28/22.

Mont. Admin. R. 44.3.107 Emergency Exemption

(1) If a polling place designated "accessible" becomes unavailable for reasons such as loss of lease, fire, snow, or other natural disasters less than ten days prior to an election, an emergency exists and an alternate polling place shall be selected.

(2) The alternate polling place shall be considered temporary and shall be exempt from the procedures established by these rules, except for the provisions provided by ARM 44.3.111 and 44.3.112.

(3) The alternate polling place shall not be used in the next ensuing election unless it is subject to the procedures provided in ARM 44.3.105 and 44.3.106.

History

Authorizing statute(s): This rule is advisory only, but may be considered a correct interpretation of the law. 13-3-205, MCA
Implementing statute(s): 13-3-211, MCA
History: NEW, 1986 MAR p. 462, Eff. 3/28/86; AMD, 2008 MAR p. 1329, Eff. 6/27/08.

Mont. Admin. R. 44.3.108 Polling Place Designation

(1) As the result of an on-site survey, or current voter registration reports, a polling place shall be designated as:

(a) "accessible"; or

(b) "inaccessible".

(2) A polling place that has been surveyed pursuant to this subchapter need not be surveyed again unless the conditions of accessibility change.

History

Authorizing statute(s): This rule is advisory only, but may be considered a correct interpretation of the law. 13-3-205, MCA
Implementing statute(s): 13-3-206, 13-3-207, MCA
History: NEW, 1986 MAR p. 462, Eff. 3/28/86; AMD, 2008 MAR p. 1329, Eff. 6/27/08.

Mont. Admin. R. 44.3.109 Voting Accessibility Advisory Committee

(1) An election administrator may establish one or more voting accessibility advisory committee(s) (V.A.A.C.).

(2) Each committee shall consist of a minimum of three members, two of which shall represent an organization of elderly persons or an organization of individuals with disabilities.

(3) The committee may assist in surveying polling places for compliance with accessibility guidelines.

(4) The election administrator shall provide the Secretary of State with a list of the members of each voting accessibility advisory committee, including addresses and telephone numbers.

(5) Each member of the committee may be compensated for the number of hours worked and reimbursed for actual travel expenses incurred while participating in the conduct of an on-site survey.

(6) The election administrator may pay each member the same compensation and certify amounts due in the same manner as for an election judge as provided by 13-4-106(1), MCA.

History

Authorizing statute(s): This rule is advisory only, but may be considered a correct interpretation of the law. 13-3-205, MCA
Implementing statute(s): 13-3-205, MCA
History: NEW, 1986 MAR p. 462, Eff. 3/28/86; AMD, 2008 MAR p. 1329, Eff. 6/27/08.

Mont. Admin. R. 44.3.110 Alternative Means for Casting Ballot

(1) The election administrator shall provide an alternative method of voting for those electors who are unable, because of disability, to access their regular polling place. Those methods are limited to the following:

(a) the practice, commonly referred to as "curbside voting," as provided by 13-13-118, MCA;

(b) absentee balloting, as provided by 13-13-222 and 13-13-246, MCA; and

(c) prearranged assignment to an accessible polling place within the county. An elector, prevented from voting at the elector's own polling place on election day because it has been exempt from meeting the accessibility criteria set forth in these rules, shall:

(i) notify the election administrator, in writing at least two business days preceding the election, of the elector's desire to vote on election day at an accessible polling place;

(ii) be assigned to the nearest accessible polling place for the purpose of voting in that election;

(iii) sign the elector's name on a special addendum to the official precinct register, as required by 13-2-601, MCA; and

(iv) receive the same ballot to which the elector is otherwise entitled.

(2) For the purposes of this rule, the ballot shall be processed and counted in the same manner as an absentee ballot.

History

Authorizing statute(s): 13-3-205, 13-13-246, MCA
Implementing statute(s): 13-3-213, 13-13-246, MCA
History: NEW, 1986 MAR p. 462, Eff. 3/28/86; AMD, 2008 MAR p. 1329, Eff. 6/27/08; AMD, 2015 MAR p. 1286, Eff. 10/1/15; AMD, 2022 MAR p. 839, Eff. 5/28/22.

Mont. Admin. R. 44.3.111 The Elderly Elector

(1) The Voting Accessibility Act defines "elderly" as 65 years of age or older.

(2) The following requirements are intended to benefit elderly electors and shall be implemented by the 1986 June primary election:

(a) Election administrators shall conspicuously display instructions for voting, printed in over-size type, preferably 18 point type, or larger, at each polling place for every election and instructions for registering at each permanent registration facility.

(b) Each polling place shall have a desk, table, or other surface no more than 36 inches in height, with room to accommodate a chair or a wheelchair to permit physically feeble or mobility-impaired electors to vote in a seated position. Adequate privacy shall be provided to ensure the seated elector the same degree of ballot secrecy enjoyed by other electors.

(c) In all polling places in which a stylus is used to mark voting device ballots, at least one stylus shall have a large, easily graspable handle. At least one pen or pencil in each polling place shall be over-sized and easily graspable.

(d) Extra seating shall be provided for elderly electors to rest while waiting their turn to vote. Election judges shall ensure that the seating is available for those for whom it is intended.

History

Authorizing statute(s): This rule is advisory only, but may be considered a correct interpretation of the law. 13-1-202, 13-13-111, 13-13-112, MCA
Implementing statute(s): 13-1-202, 13-13-111, 13-13-112, MCA
History: NEW, 1986 MAR p. 462, Eff. 3/28/86.

Mont. Admin. R. 44.3.112 The Visually Impaired

(1) Visually impaired persons can range from those with slight visual problems, not correctable by normal means, to the totally blind. In addition to the large-type printing requirements, as provided by ARM 44.3.111(2)(a), requirements and suggestions for the visually impaired electors include the following:

(a) adequate lighting shall be provided in both the voting booth and the polling place;

(b) a magnifying glass may be provided in those polling places where the election administrator's common knowledge indicates a need; and

(c) a plastic or cardboard card with a space cut out for a signature may be provided as a guide for signing a precinct register.

History

Authorizing statute(s): This rule is advisory only, but may be considered a correct interpretation of the law. 13-1-202, 13-13-111, 13-13-112, MCA
Implementing statute(s): 13-1-202, 13-13-111, 13-13-112, MCA
History: NEW, 1986 MAR p. 462, Eff. 3/28/86.

Mont. Admin. R. 44.3.113 Telecommunications Device for the Hearing Impaired

(1) Sixty days prior to each election, the Secretary of State shall install and advertise access to a toll-free telecommunications device for the deaf (TDD) for the purpose of providing:

(a) information on registration;

(b) voting aids available for the handicapped;

(d) procedures for voting by absentee ballot.

(2) The Secretary of State shall advertise the TDD number wherever possible.

History

Authorizing statute(s): This rule is advisory only, but may be considered a correct interpretation of the law. 13-3-205, MCA
Implementing statute(s): 13-3-205, MCA
History: NEW, 1986 MAR p. 462, Eff. 3/28/86; AMD, 2008 MAR p. 1329, Eff. 6/27/08.

Mont. Admin. R. 44.3.114 Complaints

(1) Within five working days following the receipt of a written notification from the United State's Attorney General or a person who is personally aggrieved by the noncompliance of his polling place with the Voting Accessibility Act, the Americans With Disabilities Act, and/or these rules, the Secretary of State shall transmit a copy of the notification to the appropriate election administrator.

(2) Upon receipt of the notification, the election administrator shall forward to the Secretary of State a copy of the survey form concerning the polling place in question.

(3) Within 30 days of receipt of the notification, the Secretary of State shall cause an independent survey of the polling place to be conducted. A report of that survey shall be provided to the complainant and the election administrator.

(4) If the complainant requests, in writing, that further action be taken, the Secretary of State may call for a hearing in which the complainant, election administrator, representatives of the county governing body, affected groups and his office may be represented.

(a) The purpose of the hearing is to show cause why the particular polling place facility should be:

(i) denied exemption from meeting the criteria established for accessibility by these rules;

(ii) be denied an "accessible" rating; or

(iii) be declared unacceptable for use as a polling place facility and no longer utilized for that purpose.

(5) At any time before, during, or after this process the complainant retains the right to file an action in any court of appropriate jurisdiction or to withdraw the complaint. No exhaustion of this administrative remedy is required.

History

Authorizing statute(s): This rule is advisory only, but may be considered a correct interpretation of the law. 13-1-202, 13-3-205, MCA
Implementing statute(s): 13-1-202, 13-3-205, MCA
History: NEW, 1986 MAR p. 462, Eff. 3/28/86; AMD, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.115 Criteria and Process for a Person to Become a Designated Agent for an Elector with a Disability

(1) Consistent with 13-1-116, MCA, an elector with a disability who is unable to provide a signature may apply to the election administrator to have another person designated as an agent for purposes of providing a signature or identifying mark required pursuant to Title 13, MCA, and for delivering the disabled elector's absentee ballot application to the county election administrator, as provided in 13-13-213, MCA.

(2) An application for designation of an agent by an elector under this rule:

(a) must be made on a form prescribed by the secretary of state which shall state the authorization of the elector, the purpose of the agency, and shall require that the authorization be witnessed by two disinterested witnesses and signed by the designated agent;

(b) may be obtained from local election officials, from the office of the Secretary of State, and from any other entity that provides the form; and

(3) An agent chosen under this rule must not be the elector's employer, an agent of the elector's employer, or an officer or agent of the elector's union.

(4) An election official or an election worker must ask if the person being designated an agent is the elector's employer or employer's agent or officer or agent of the elector's union. If the proposed agent is one of those individuals, the elector must choose another person to be the elector's agent.

(5) An agent must be chosen by the elector with a disability.

History

Authorizing statute(s): 13-1-116, MCA
Implementing statute(s): 13-1-116, MCA
History: NEW, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2022 MAR p. 839, Eff. 5/28/22; AMD, 2025 MAR, Notice No. 2025-50, Eff. 10/25/25.

Mont. Admin. R. 44.3.116 Electronic Transmission of Voting Materials

(1) County election administrators shall allow electors with disabilities, as defined in 13-3-202, MCA, to receive 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 following procedures shall be followed, wherever applicable, in regard to the transition of election materials from the election administrator to electors electronically:

(a) A county election administrator must use a system that is secure from unauthorized access.

(b) When an election administrator receives a valid application for electronic transmission of a ballot from an elector with disabilities, the election administrator shall, subject to (1), e-mail the elector the ballot, instructions to the elector, and a transmittal cover sheet that includes an elector affirmation. A ballot secrecy envelope or page and a ballot signature envelope shall be provided either electronically or through the mail to each elector with a valid application for electronic ballot. The original ballot shall be retained in a secure absentee envelope or container for that purpose.

(d) After the voted ballot and affirmation are received at the office of the election administrator, the transmittal cover sheet with affirmation must be retained in a sealed envelope or container separately from the ballot.

(e) No sooner than the time permitted for preparation of ballots pursuant to 13-13-241, MCA, the election administrator shall have the returned ballots transcribed using the procedure prescribed below. If the received ballot is acceptable pursuant to the requirements of 13-13-246, MCA, the election administrator shall:

(i) if the ballot was returned in a secrecy envelope, without opening the secrecy envelope containing the voted ballot, log in the receipt of the ballot and place it in the secure absentee envelope or container with the original ballot; or

(ii) if the ballot was returned using a secrecy page, to ensure the ballot is not revealed to anyone, place the printed electronically submitted ballot and secrecy page into an appropriate envelope and then place it in the secure absentee envelope or container with the original ballot.

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

(g) The voted ballot must be transcribed in a manner that ensures that no one transcribing the ballot has access to the name of the elector who voted the ballot.

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

(i) An electronically transmitted ballot identifying number shall be written on the original transcribed ballot, the envelope containing the voted ballot and the electronically transmitted ballot, and in the official transcription log.

(j) The election officials who transcribed the electronically transmitted ballot shall sign the log for each ballot they transcribe.

(k) No one participating in the electronic ballot transmission or transcription process may reveal any information about the elector's identity or the votes on the elector's ballot.

History

Authorizing statute(s): 13-13-246, MCA
Implementing statute(s): 13-13-246, MCA
History: NEW, 2015 MAR p. 1286, Eff. 10/1/15; AMD, 2022 MAR p. 839, Eff. 5/28/22; AMD, 2022 MAR p. 1768, Eff. 9/10/22.

Mont. Admin. R. 44.3.117 Performance Standards for Accessible Voting Technology Devices

(1) At a minimum, a voter interface device must meet the Election Assistance Commission's (EAC) standards for Voluntary Voting System Guidelines (VVSG) version 1.0 adopted by the EAC on December 13, 2005, for accessible voting technology for electors with hearing, vision, speech, or ambulatory impairments. However, in lieu of meeting VVSG version 1.0, a voter interface device may meet VVSG versions greater than 1.0 that were adopted by the EAC on or before September 6, 2019.

(2) The U.S. Election Assistance Commission (EAC) was created for the purpose of helping states implement the Help America Vote Act of 2002 (HAVA). The EAC is an independent, bipartisan commission charged with developing guidance to meet HAVA requirements and adopting VVSG. The VVSG are a set of specifications and requirements against which voting systems can be tested to determine if the systems meet required standards. Some factors examined under these tests include basic functionality, accessibility, and security capabilities. HAVA mandates that the EAC develop and maintain these requirements.

(3) VVSG copy of VVSG 1.0 may be found at: https://www.eac.gov/documents/2017/03/15/vvsg-10-vol-1-voluntary-voting-system-guidelines-vvsg/ .

History

Authorizing statute(s): 13-17-103, MCA
Implementing statute(s): 13-17-103, MCA
History: NEW, 2019 MAR p. 1884, Eff. 10/19/19.

Subchapter 44.3.10 Primary Elections and Nominations

Mont. Admin. R. 44.3.1001 Number of Signatures Required for Petitions for Nomination in Certain Instances

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-1-202, MCA
Implementing statute(s): 13-10-502(3), MCA
History: NEW, 1979 MAR p. 1692, Eff. 12/28/79; REP, 1996 MAR p. 3221, Eff. 12/20/96.

Mont. Admin. R. 44.3.1002 Definitions

As used in this subchapter, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Elector" means an individual qualified and registered to vote under state law.

(2) "Legislative district" means a representative district as provided in Article V, section 14(1) of the Montana Constitution.

(3) "Verify" with respect to the signature of an elector means that the elector's signature on the petition, when taken as a whole, bears sufficient similarity to the signature on their voter registration and that the signatures are substantially the same. If one signature uses an elector's first, middle, and last names, the use of an initial instead of either the first or middle name, but not both, in the other shall not, by itself, result in a non-verified signature.

History

Authorizing statute(s): 13-10-613, MCA
Implementing statute(s): 13-10-601, 13-10-607, 13-10-608, MCA
History: NEW, 2022 MAR p. 1092, Eff. 6/25/22.

Mont. Admin. R. 44.3.1003 Form and Submission of Petitions to Nominate a Political Party's Candidates by Primary Election

(1) Any elector, regardless of party affiliation, may present a petition to qualify a political party that does not already qualify to hold a primary election under 13-10-601(1), MCA, to nominate its candidates by primary election. Presented petitions must:

(a) be completed in the form prescribed by the Secretary of State;

(b) be signed by a number of electors equal to the lesser of five percent or more of the total votes cast statewide for the successful candidate for governor at the last general election or 5,000 electors;

(d) have attached to each sheet of the petition a completed verification affidavit for the petition's signatures in the form prescribed by the Secretary of State; and be submitted with original signatures and their verification, as provided in (3), to the official responsible for registration of electors in the county in which the signatures were obtained no sooner than one year and no later than 123 days before the date for the next primary election.

(2) Petitions may be submitted to the county official responsible for registration in whole or in individual sheets or portions of petitions. The petitioning elector shall notify the county election administrator from the signer’s jurisdiction when the final sheet or portion of the petition has been submitted. After this notification, no elector may withdraw their signature from the petition.

(3) The form prescribed by the Secretary of State for petitions under this subchapter shall include at the top of each page a title that identifies the petition as follows: "Petition to Qualify the [Insert Name] Party as a Political Party Eligible to Nominate its Candidates by Primary Election in Montana." The petition shall include a separate, numbered line extending across the entire page for each elector's signature and identifying information all of which must be entered in ink. The first underlined space on each numbered line shall be labeled as and used for the signature of the elector. The second underlined space on each line shall be labeled as and used for the date of the elector's signature. The third underlined space on each line shall be labeled as and used for the elector's present legal address or phone number. The fourth space on each line shall be labeled as and used to identify the elector's county of residence. The fifth space on each line shall be labeled as and used for the printed last name and first and middle initials of the signer. The end of each page of the petition form shall have the affidavit of circulation required under 13-10-607, MCA, to be completed by the signature gatherer(s).

History

Authorizing statute(s): 13-10-613, MCA
Implementing statute(s): 13-10-601, 13-10-606, 13-10-607, 13-10-609, MCA
History: NEW, 2022 MAR p. 1092, Eff. 6/25/22; AMD, 2025 MAR, Notice No. 2025-50, Eff. 10/25/25.

Mont. Admin. R. 44.3.1004 Verification of Elector Signatures by County Election Officials, Tally Reporting, and Records Retention

(1) Upon receipt of each petition sheet submitted on the petition form prescribed by the Secretary of State and containing a completed affidavit of circulation required under ARM 44.3.1003(1)(c), the county election administrator from the jurisdiction of the signers, or their designee, shall:

(a) determine whether each signatory on the petition sheet is a registered voter in their county, and if so which legislative district that elector is registered;

(b) verify the signature of each elector signing the petition by comparing each elector's petition signature with the signature of that elector as it appears in the records of the county election office; and

(c) determine the total number of verified electors in the county who have signed the petition and how many of the electors reside in each legislative district contained in whole or in part within the county.

History

Authorizing statute(s): 13-10-613, MCA
Implementing statute(s): 13-10-608, 13-10-609, MCA
History: NEW, 2022 MAR p. 1092, Eff. 6/25/22; AMD, 2025 MAR, Notice No. 2025-50, Eff. 10/25/25.

Mont. Admin. R. 44.3.1005 Withdrawal of Elector Signatures from Petitions

(1) Any time prior to the notification of a final submission of a petition to a county's election office under ARM 44.3.1003(2), an elector may request to withdraw their signature from a petition submitted under this subchapter.

(2) The county election administrator may withdraw an elector's signature after the identity of the requesting elector has been verified using the same manner the identities of applicants for regular voter registration are verified.

History

Authorizing statute(s): 13-10-613, MCA
Implementing statute(s): 13-10-606, MCA
History: NEW, 2022 MAR p. 1092, Eff. 6/25/22; AMD, 2025 MAR, Notice No. 2025-50, Eff. 10/25/25.

Subchapter 44.3.11 Statewide Voter Registration System

Mont. Admin. R. 44.3.1101 Statewide Voter Database Lists and Reports

(1) The Secretary of State will make available for purchase for noncommercial use by private individuals or entities, certain lists and reports of registered electors as recorded in the statewide voter registration system as provided in (2). The lists and reports will be made available electronically for purchase on the Secretary of State website. Fees for electronic files of the lists and reports are:

· Voter File/Voter History File:

o Statewide - $1,000 per copy

o Single County - $200 per copy

o Single Legislative Senate District - $150 per copy

o Single Legislative House District - $100 per copy

· Absentee Ballot Report - $1,000 per copy

· Petition Signers Report - $200 per copy for a single petition

· Annual subscription for ongoing access to offered files and reports - $5,000

(2) The following reports are available for purchase:

(a) The “Voter File” is a list of voters with a current status of “active,” “inactive,” and “provisional.” The list contains the following data for each voter entered into the statewide voter registration system by the county election administrators: Assigned Voter ID; First Name; Middle Name; Last Name; Name Suffix; Voter Status; Residential Address house number; Residential Address street name; Residential Address street type; Residential Address street pre-directional code; Residential Address street post-directional code; Residential Address unit type code; Residential Address unit number; Residential Address City; Residential Address State; Residential 5-digit zip code; Residential Address complete address; Mailing Address line 1; Mailing Address line 2; Mailing Address City; Mailing Address State; Mailing Address 5-digit zip code; Mailing Address plus 4 zip code; Mailing Address complete; Phone Number; Birth Year; Current County; Precinct; Congressional District; State House District; State Senate District; Absentee indicator; City; and Ward.

(b) The “Voter History File” is a list of information on voter participation in an election. It is sold as an optional part of the voter file and requires the voter history file match to a voter name by the assigned Voter ID. It consists of the following fields: Assigned Voter ID; Election Type; Election Date; Election Description; Election Jurisdiction County; and Voting Method.

(c) The “Absentee Ballot Report” is a 45-day moving window report of absentee ballots issued to voters and received from voters for elections managed in the voter registration system. It consists of the following fields: Assigned Voter ID; First Name; Last Name; Middle Name; Name Suffix; Mailing Address Complete; Country; Birth Year; Absentee indicator; Election Type; Election Date; Election Description; Election Jurisdiction; Ballot Sent Date; Ballot Received Date; Ballot Status; and Ballot Status Reason.

(d) The “Petition Signers Report” is a list showing the petition sheets and recorded signature lines for a petition. The list contains information as recorded by the county election administrators in the statewide voter registration system while processing each signature sheet submitted for a petition. It consists of the following fields: County; Submittal Number; Page Number; Line; Assigned Voter ID; Name; Address; Status; Verification Reason; House District; Circulator; and Processed Date.

History

Authorizing statute(s): 13-2-122, MCA
Implementing statute(s): 13-2-122, MCA
History: NEW, 1998 MAR p. 1283, Eff. 5/15/98; AMD, 2002 MAR p. 1667, Eff. 6/14/02; AMD, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2010 MAR p. 1545, Eff. 6/25/10; AMD, 2013 MAR p. 1628, Eff. 9/6/13; AMD, 2025 MAR, Notice No. 2025-252, Eff. 11/8/25.

Mont. Admin. R. 44.3.1102 Statewide Voter Registration System

(1) In addition to the procedures specified under (2) and (3) and ARM 44.3.2001, county election administrators, election deputies, and election workers authorized to use the statewide voter registration system must, as applicable, comply with the following procedures specified in the instruction manuals, user guides, and technical manuals as provided by the system vendor and the secretary of state (except in cases in which those materials conflict with state laws or rules, in which case the laws or rules shall apply):

(a) maintenance procedures, including new data entry, updates, registration transfers, and other procedures for keeping information current and accurate;

(b) proper maintenance and use of active and inactive lists;

(c) proper maintenance and use of lists for legally registered electors and provisionally registered electors and late registrants;

(d) technical security of the statewide voter registration system;

(e) information security with respect to keeping from general public distribution driver's license numbers, whole or partial social security numbers, and address information protected from general disclosure pursuant to 13-2-115 and 13-21-228, MCA, effective January 1, 2014; and

(f) quality control measures for the system and system users.

(2) Consistent with (1)(d), as soon as a county election administrator enters voter registration information into the statewide voter registration system, the system will automatically make that information available to the Secretary of State.

(3) Consistent with (1)(e):

(a) the driver's license numbers, whole or partial social security numbers, and address information protected from general disclosure pursuant to 13-2-115, MCA, and 13-21-228, MCA, effective January 1, 2014, may not be provided unless required by a court order; and

(b) all identifying information about an individual protected from disclosure may not be provided, unless required by a court order.

(4) For elections managed in the statewide voter registration system, county election administrators must complete entering voter history data by the time of the canvass for that election.

History

Authorizing statute(s): 13-2-108, MCA
Implementing statute(s): 13-2-108, 13-21-228, MCA
History: NEW, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2010 MAR p. 1545, Eff. 6/25/10; AMD, 2011 MAR p. 2428, Eff. 11/11/11; AMD and TRANS, from 44.3.2016, 2013 MAR p. 1628, Eff. 9/6/13; AMD, 2025 MAR, Notice No. 2025-50, Eff. 10/25/25; AMD, 2025 MAR, Notice No. 2025-360, Eff. 11/8/25.

Subchapter 44.3.13 Voter Information Pamphlet

Mont. Admin. R. 44.3.1301 Submission of Voter Information Pamphlet Arguments and Rebuttals

(1) The secretary of state is empowered under section 13-27-410 , MCA, to prescribe by rule the format and manner of submission of the arguments concerning the ballot issue.

History

Authorizing statute(s): Sec. 13-27-401, MCA
Implementing statute(s): Sec. 13-27-406, 13-27-407, MCA
History: NEW, 1993 MAR p. 3064, Eff. 12/24/93.

Mont. Admin. R. 44.3.1302 Definitions

Unless the context clearly requires otherwise, the following terms shall have the following meanings:

(1) "VIP" refers to the Voter Information Pamphlet which contains the arguments for and against ballot issues.

(2) "Graphics" refers to anything other than letters, numbers used with sentences, grammar or punctuation marks.

(3) "Oversize type" and "undersize type" refer to any typesetting that is not consistent with the uniform size of the argument.

(4) "Columns" refers to any of the vertical sections of printed matter lying side by side on a page and separated by a rule or blank space.

History

Authorizing statute(s): Sec. 13-27-401, MCA
Implementing statute(s): Sec. 13-27-406, 13-27-407, MCA
History: NEW, 1993 MAR p. 3064, Eff. 12/24/93.

Mont. Admin. R. 44.3.1303 Format of Voter Information Pamphlet Arguments and Rebuttals

(1) Format of arguments and rebuttals:

(a) The argument must be of a uniform typesetting; use of oversize or undersize type is prohibited.

(b) Use of graphics, tables, or graphs is prohibited.

(d) Bold, italics, and underlined words are acceptable.

(e) Hyphenated words will be counted as one word.

(f) A number such as 303 will be counted as one word; however, three hundred and three will be counted as four words.

(g) Arguments submitted for publication in the VIP must be limited to 500 words; arguments in excess of this limit will only be printed through the 500th word. Rebuttals submitted for publication in the VIP must be limited to 250 words; rebuttals in excess of this limit will only be printed through the 250th word.

History

Authorizing statute(s): 13-27-401, MCA
Implementing statute(s): 13-27-406, 13-27-407, MCA
History: NEW, 1993 MAR p. 3064, Eff. 12/24/93; AMD, 2008 MAR p. 1329, Eff. 6/27/08

Subchapter 44.3.14 Absentee Ballots

Mont. Admin. R. 44.3.1401 Required Markings

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): Sec. 13-13-214, MCA
Implementing statute(s): Sec. 13-13-214, MCA
History: NEW, 1984 MAR p. 394, Eff. 3/1/84; REP, 2004 MAR p. 93, Eff. 1/16/04.

Authorizing statute(s): Sec. 13-13-278, MCA
Implementing statute(s): Sec. 13-13-277, MCA
History: NEW, 1992 MAR p. 1870, Eff. 8/28/92; REP, 2004 MAR p. 93, Eff. 1/16/04.

Subchapter 44.3.17 Voting Machines and Devices and Postelection Audit of Voting Machines

Mont. Admin. R. 44.3.1701 Examination of Voting Machines and Devices

(1) The Secretary of State is empowered under 13-17-101, MCA, to approve voting machines and devices.

(2) Unless the context clearly requires otherwise, the following terms shall have the following meanings:

(a) "Applicant" means any person, county governing body, or business entity which has applied for inspection of a voting machine or device under these rules.

(b) "Automatic tabulating equipment" means and includes apparatus necessary to automatically examine and count votes as designated on ballots and data processing machines which can be used for counting ballots and tabulating results.

(d) "Device" means a "voter interface device" as defined in 13-1-101, MCA.

(e) "Engineering change order" means a change to the voting system that does not affect the current federal certification, form, fit, or function of the voting system.

(f) "Examiners" means any or all persons having authority to conduct the examination under ARM 44.3.1701.

(g) "Interested party" includes all persons charged with any duty under the election laws of Montana, any manufacturer of or dealer in mechanical voting machines, voting devices or components thereof and agents of such manufacturer or dealer and any person otherwise affected by these rules.

(h) "System" means a "voter interface device" and "voting system" as defined in 13-1-101, MCA.

(i) "Voting machine" means a "voting system" as defined in 13-1-101, MCA.

(3) Such examination shall be conducted by the Office of Secretary of State, who may choose at least two Montana electors to assist with the examination.

(4) The examination shall be held on a day to be agreed upon by the applicant and the Secretary of State.

(5) The place of examination shall be in the city of Helena, county of Lewis and Clark, state of Montana, at such location as may be agreed upon by the applicant and the Secretary of State.

(6) Examination of voting machines and devices shall be made only upon application to the Secretary of State. Such application shall be in writing on the form prescribed by the Secretary of State and shall contain the information prescribed by the Secretary of State.

(7) No application may be submitted to the Secretary of State later than 90 days prior to the date of the election at which the machines are proposed to be used.

History

Authorizing statute(s): 13-1-202, 13-17-103, 13-17-107, MCA
Implementing statute(s): 13-1-202, 13-17-101, 13-17-103, MCA
History: NEW, 1979 MAR p. 1693, Eff. 12/28/79; AMD, 1996 MAR p. 3221, Eff. 12/20/96; AMD, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2010 MAR p. 1545, Eff. 6/25/10; AMD, 2012 MAR p. 760, Eff. 4/13/12; AMD, 2022 MAR p. 1089, Eff. 6/25/22.

Mont. Admin. R. 44.3.1702 Conduct of Examination

(1) The following materials shall be provided by the applicant at the place agreed upon for the examination:

(a) At least one fully operative system unit or set conforming to the description of the same contained in the application.

(b) At least one copy of any brochures, pamphlets, and descriptive or sales material of any kind intended for use in promoting the same for use of such system in Montana.

(d) Where applicable sample ballots suitable for use in the system substantially in the form required by Montana law for a primary and general election in a year in which a president of the United States of America is to be elected. Such ballots for the general election sample shall also contain a ballot issue to be voted upon.

(e) Where applicable a set of programmed ballots having a known count for each office or ballot issue listed thereon, which count shall be declared before any test tabulation of said ballots is made.

(f) Copies of any other material required by law to be displayed at the polls, or useful for the instruction or information of electors at the polls.

(g) If not contained in other materials, data on the extent of use and length of use of the system being examined in other jurisdictions.

(h) Available data pertinent to ARM 44.3.1703(2) .

History

Authorizing statute(s): 13-17-107(1), MCA
Implementing statute(s): 13-17-101, MCA
History: NEW, 1979 MAR p. 1693, Eff. 12/28/79.

Mont. Admin. R. 44.3.1703 Criteria of Construction

(1) Voting machines or devices shall meet the following requirements:

(a) They shall permit and require an elector to vote in secret.

(b) They shall prevent an elector from voting for any candidate or upon any ballot issue more than once and is also prevented from voting on any office or ballot issue for which he is not entitled to vote.

(c) They shall permit an elector to secretly select the party for which he wishes to vote in a primary election and the machine or device will count only votes for the candidates of that party by the elector in the primary election.

(d) They shall permit an elector to vote a split ticket in a general election if he desires.

(e) They shall register and record every valid vote cast.

(f) They shall be constructed so that they cannot be tampered with for a fraudulent purpose.

(g) They shall also be constructed so that during the progress of the voting no individual can see or know the number of votes registered for any candidate or on any ballot issue.

(h) They shall allow write-in voting.

(i) They shall provide that the ballot may be rotated as provided in 13-13-205, MCA, without substantially impairing the efficiency or accuracy of the tabulation of such rotated ballots.

(j) The applicant shall guarantee to provide training and assistance to election officials included in each contract for purchase of a machine or device.

(k) They shall comply with all other requirements of the election laws, so far as they are applicable.

(2) Voting machines or devices shall be constructed of materials sufficiently durable to withstand normal wear and tear due to usage, storage and transportation. It is the intent of this rule that the system shall have a useful life of ten years or more without major mechanical or electronic failure due solely to normal use, storage and transportation. Applicant shall submit data pertinent to this rule, if available.

(3) Such system shall be fully guaranteed as to parts and workmanship for a period of not less than two years from date of purchase, and the manufacturer shall be prepared to provide maintenance and repair service for such system at a rate to be agreed upon by the manufacturer, dealer or agent of either and the purchasing entity.

(4) Each system or each component of any system shall remain operative and unimpaired in efficiency and accuracy in the physical and electrical environment normally found in polling places and other places used for election purposes, including places to which ballots are taken for purposes of tabulation.

(a) The system shall be so constructed as to operate in atmospheric temperatures ranging from 65 to 90 degrees Fahrenheit.

(b) The system shall be so constructed as to operate without being affected by variations in the voltage or amperage of the power supply normally found in places where it is to be used.

(c) Any system utilizing photoelectric or photosensitive components shall be so constructed that it will operate in the presence of light intensity on the order of that caused by the use of flashbulbs or other lighting, whether intermittent or continuous, used for photographic purposes.

(5) The system shall provide a mechanical or procedural means whereby an elector may cast a write-in vote for any person for any office, and whereby such elector shall be prevented from voting for another person for such office on the regular ballot.

(6) Automatic tabulating equipment shall provide a visible or audible signal to the operator thereof in the following cases.

(a) If a ballot cannot be tabulated by the system due to a physical defect in the ballot, the machine shall signal rejection of the ballot.

(b) If a ballot or part thereof has been overvoted because the elector has recorded vote intentions for a number of persons for an office in excess of the number he is entitled to vote for, the ballot tabulation program and hardware shall have the ability to so record and display a summary of the ballot overvote conditions.

(7) Where applicable no device shall be approved if the act of voting by an elector does not produce a visible effect upon the ballot by application of a visible substance to the ballot.

History

Authorizing statute(s): 13-17-107, MCA
Implementing statute(s): 13-17-103, MCA
History: NEW, 1979 MAR p. 1693, Eff. 12/28/79; AMD, 1996 MAR p. 3221, Eff. 12/20/96; AMD, 2012 MAR p. 760, Eff. 4/13/12.

Mont. Admin. R. 44.3.1704 Criteria of Examination

(1) The examination of a mechanical voting machine shall be conducted by the examiner or examiners to ensure that the machine meets the criteria set out in ARM 44.3.1703(1) as well as:

(a) It shall be determined that if levers or buttons of any description are used as the method of casting a ballot that such levers or buttons will produce a positive vote regardless if they are fully depressed or not.

(b) If the system includes its own voting booth or compartment provision shall be made for a larger voting area which will accommodate a wheelchair and/or persons named to assist a handicapped elector.

(c) It shall be determined, in the judgment of the examiners whether or not the system complies with all other applicable requirements of the election laws.

(2) The examination of a voting device shall be conducted by the examiner or examiners as follows:

(a) It shall be determined that the criteria in ARM 44.3.1704 are met.

(b) By tabulation of the preprogrammed materials supplied under ARM 44.3.1702(1)(e), it shall be determined whether the tabulating apparatus will count accurately on no less than two nor more than five tabulations of the materials so supplied. Any difference in count on any tabulation of preprogrammed material shall be deemed a material cause for rejection of the system.

(c) A set of sample ballots, not less than 25 nor more than 100 in number, shall be marked or pierced at the site of the examination by a person present other than the applicant or his agent. Such set shall be tabulated no less than two nor more than five times. The failure of any subsequent tabulation to agree completely with the initial tabulation shall be deemed a material cause for rejection of the system.

(d) At least two of the ballots marked or pierced under ARM 44.3.1703(1)(b) shall contain a vote for one office in excess of the number of votes which an elector would be entitled to cast for such office. Failure of the machine to reject such ballot shall be deemed a material cause for rejection of the system.

(e) The manufacturer or his agent shall demonstrate the extent to which bending, folding or otherwise abusing a ballot or ballot card is possible without causing said ballot or ballot card to be unusable in the tabulating equipment. If more than one per cent of the ballots marked or pierced at the site of the examination shall be rejected by the tabulating equipment for such cause, such rejection shall be deemed a material cause for rejection of the system.

(f) If the system being examined uses a paper ballot which is to be marked with ink or other visible substance, the manufacturer or his agent shall demonstrate the extent to which a mark may fail to cover the voting space, or fail to be in ideal position before the vote shall fail to be counted by the tabulating equipment.

(g) Failure of the tabulating equipment to count a vote cast because of the condition of the mark made thereon shall be deemed a material cause for rejection of the system, if, in the opinion of the examiners, such mark would have been counted for the person voted for if the ballots were manually tabulated.

(h) Engineering change orders considered to be de minimis changes to voting systems shall be reviewed and approved by the Secretary of State upon written application.

History

Authorizing statute(s): 13-17-103, 13-17-107, MCA
Implementing statute(s): 13-17-101, 13-17-103, MCA
History: NEW, 1979 MAR p. 1693, Eff. 12/28/79; AMD, 1996 MAR p. 3221, Eff. 12/20/96; AMD, 2010 MAR p. 1545, Eff. 6/25/10.

Mont. Admin. R. 44.3.1705 Costs of Examination

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(1), MCA
Implementing statute(s): 13-17-102, MCA
History: NEW, 1979 MAR p. 1693, Eff. 12/28/79; REP, 1996 MAR p. 3221, Eff. 12/20/96.

Mont. Admin. R. 44.3.1706 Notification to Applicant

(1) Within 30 days after completion of such examination, the Secretary of State or the deputy or deputies shall prepare and file in the office a report of the findings with respect to the system examined.

(2) A copy of such report shall be forwarded to the applicant at the address shown in the application for such examination.

(3) If the report approves the system, the Secretary of State shall mail a copy of said report to each election administrator of the state of Montana.

History

Authorizing statute(s): 13-17-107, MCA
Implementing statute(s): 13-17-101, 13-17-103, MCA
History: NEW, 1979 MAR p. 1693, Eff. 12/28/79; AMD, 1996 MAR p. 3221, Eff. 12/20/96; AMD, 2010 MAR p. 1545, Eff. 6/25/10.

Mont. Admin. R. 44.3.1707 Appeal from Disapproval

(1) If upon examination any system shall have been disapproved by the Secretary of State under these rules, the applicant may appeal by requesting reconsideration of the system so disapproved, under the following conditions:

(a) Such request for reconsideration shall be made within 60 days after applicant has been notified of the disapproval of the system presented for examination.

(b) Such request shall be in writing.

(c) Such request shall be limited to the grounds of disapproval as stated in the notification of the Secretary of State. The discovery or further explanation of advantages of the system not pertinent to the grounds upon which the system was disapproved shall not constitute an adequate cause for reconsideration.

(2) If the Secretary of State approves such request for reconsideration, he shall notify the applicant therefore in writing, and shall state the time and place fixed for reexamination of the system, if, in his opinion, reexamination is required. If reexamination is not required, he shall so state, and the matter of reconsideration may be consummated by mail, or by a hearing to be held at such time and place as the Secretary of State may fix. If a hearing is held, the Secretary of State shall make a full report of the same, shall file the same in his office and transmit a copy thereof to the applicant at the address stated in his application for reconsideration.

(3) If such reexamination, correspondence or hearing results in the approval of a system, the Secretary of State shall proceed to give notice of such approval in the manner provided in ARM 44.3.1706.

History

Authorizing statute(s): 13-17-107, MCA
Implementing statute(s): 13-17-101, 13-17-103, MCA
History: NEW, 1979 MAR p. 1693, Eff. 12/28/79; AMD, 2010 MAR p. 1545, Eff. 6/25/10.

Mont. Admin. R. 44.3.1708 Waiver of Conditions

(1) The Secretary of State may vary the time and place of examination fixed by ARM 44.3.1701(4) and (5) and may waive any informality in the form of application or procedure followed in examination, if, in his opinion, such informality does not substantially affect the validity of his conclusions with respect to the system examined.

History

Authorizing statute(s): 13-17-107(1), MCA
Implementing statute(s): 13-17-101, MCA
History: NEW, 1979 MAR p. 1693, Eff. 12/28/79; AMD, 1996 MAR p. 3221, Eff. 12/20/96.

Mont. Admin. R. 44.3.1709 Experimental Use of Voting Machines or Devices

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(1), MCA
Implementing statute(s): 13-17-105, MCA
History: NEW, 1979 MAR p. 1693, Eff. 12/28/79; REP, 1996 MAR p. 3221, Eff. 12/20/96.

Mont. Admin. R. 44.3.1710 Extension of Previous Approval of Voting Machines or Devices

(1) Any system having been approved under rules previously promulgated by the Secretary of State under prior citations of law shall continue to have approval under the application of these rules without reexamination. However, any contracts for purchase drawn after December 28, 1979, must contain the guarantees as provided in ARM 44.3.1703(3).

History

Authorizing statute(s): 13-17-107, MCA
Implementing statute(s): 13-17-101, 13-17-103, MCA
History: NEW, 1979 MAR p. 1693, Eff. 12/28/79; AMD, 2010 MAR p. 1545, Eff. 6/25/10.

Mont. Admin. R. 44.3.1711 Benchmark Performance Standard for Voting Systems Prior to Certification

(1) The benchmark performance standard for voting systems approved under 13-17-101 , MCA, is based on commonly accepted industry standards for readily available technologies. These standards shall at the time of certification conform to all applicable federal requirements, as well as state requirements listed in the Montana Code Annotated and Administrative Rules of Montana.

History

Authorizing statute(s): 13-17-103, MCA
Implementing statute(s): 13-17-103, MCA
History: NEW, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1712 Performance Certification of Voting Systems Prior to Election

(1) No more than 30 days prior to an election in which a voting system is used, the election administrator shall publicly test and certify that the system is performing properly.

(2) The Secretary of State shall ensure that at least 10% of all voting systems in the state, including each model of each type of voting system, have been randomly tested and certified at least once every calendar year. This rule shall be implemented through review by the Secretary of State of its prescribed voting system testing and certification forms completed by the county.

History

Authorizing statute(s): 13-17-211, MCA
Implementing statute(s): 13-17-212, MCA
History: NEW, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2008 MAR p. 1329, Eff. 6/27/08.

Mont. Admin. R. 44.3.1713 Uniform Procedures for Using Voting Systems

(1) For each voting system approved under 13-17-101, MCA, the system must comply, as applicable, with the following procedures specified in the instruction manuals, user guides, and technical manuals provided by the manufacturer and distributor of the system, as well as the election judge handbook provided by the office of the secretary of state (except in cases in which those materials conflict with state laws or rules, in which case the laws or rules shall apply):

(a) performance certification under 13-17-212, MCA;

(b) how electors ensure the proper disposition of a ballot pursuant to 13-13-117(2), MCA;

(d) how to operate and test the system during counts or recounts;

(e) the security measures necessary to secure the voting system before, during, and after an election, including security following a recount under 13-16-417, MCA; and

(f) testing and certification of voting systems pursuant to 13-17-212, MCA.

(i) Except when (ii) is applicable, a random test must be conducted by a county election administrator or designee of 10% of each type of voting system, a minimum of one per county, on election day, to validate the accuracy of voted paper ballots with the voting system results.

(ii) County election administrators choosing to start automatic tabulation the day before the election pursuant to 13-13-241(7), MCA, must test all used central count vote tabulation machines the day before the election, before counting begins.

History

Authorizing statute(s): 13-17-211, 13-17-212, MCA
Implementing statute(s): 13-17-211, 13-17-212, MCA
History: NEW, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2010 MAR p. 1545, Eff. 6/25/10; AMD, 2022 MAR p. 167, Eff. 1/29/22.

Mont. Admin. R. 44.3.1714 Handling Voting Machine Error During Count

(1) During a count of paper ballots in which votes are being automatically tabulated by a voting machine, if the election administrator or counting board has reason to believe that the voting machine is not operating correctly, the count must be halted and the machine must be tested, as applicable, in accordance with the procedures specified in the instruction manuals, user guides, and technical manuals provided by the manufacturer of the voting system, as well as the election judge handbook provided by the office of the secretary of state, except in cases in which those materials conflict with state laws or rules, in which case the laws or rules shall apply.

(2) If the test does not show any errors, the count must proceed using the voting machine.

(3) If the test shows errors and the errors cannot be corrected or if a majority of the counting board agrees that the machine may not be functioning correctly:

(a) if no other tested voting machine is available, votes cast on paper ballots must be counted manually in accordance with 13-15-206, MCA; and

(b) the vote-counting machine involved in the discrepancy in that county may not be used in another election until it has been examined and tested by a computer software expert in consultation with a voting machine vendor and approved by the secretary of state.

History

Authorizing statute(s): 13-15-206, 13-17-211, MCA
Implementing statute(s): 13-15-209, MCA
History: NEW, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2012 MAR p. 760, Eff. 4/13/12.

Mont. Admin. R. 44.3.1717 Sealing Ballots and Voting Systems

(1) When a recount of paper ballots that was conducted using a voting system has been finished, ballots must again be sealed in the same package or envelope (unless the package or envelope is unusable), in the presence of the election administrator and the county recount board and must be delivered to the election administrator for custody.

(2) All voting systems must be secured as provided in accordance with the procedures specified in the instruction manuals, user guides, and technical manuals provided by the manufacturer of the voting system, as well as the election judge handbook and testing and security procedures provided by the office of the Secretary of State, except in cases in which those materials conflict with state laws or rules, in which case the laws or rules shall apply. All such procedures must ensure to the greatest degree possible the security of the voting systems from intentional and unintentional misuse.

(3) All other materials used in the recount that are required to be sealed must be resealed in the same manner and delivered to the election administrator for custody.

History

Authorizing statute(s): 13-1-202, 13-17-211, MCA
Implementing statute(s): 13-1-202, 13-16-417, 13-17-211, MCA
History: NEW, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2010 MAR p. 1545, Eff. 6/25/10.

Mont. Admin. R. 44.3.1718 Definitions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-503, MCA
Implementing statute(s): 13-17-503, MCA
History: NEW, 2010 MAR p. 918, Eff. 4/16/10; REP, 2024 MAR p. 287, Eff. 2/10/24.

Mont. Admin. R. 44.3.1719 Postelection Audit Process for a Federal Election

(1) Within seven to nine days after a federal election, the Secretary of State will call a public meeting of the state board of canvassers to randomly select the races, ballot issues, and precincts to be audited pursuant to the Postelection Audit Act, Title 13, chapter 17, part 5, MCA. The public meeting will be posted no later than five days prior to the meeting date on the Secretary of State's website.

(2) A county that has a race within the margins of a recount pursuant to Title 13, chapter 16, part 2, MCA, shall notify the Secretary of State of its exemption no later than seven days after the election by submitting a notice for exemption on the form approved by the Secretary of State.

(3) Pursuant to 13-17-503, MCA, at least 10% of the precincts in each county, or a minimum of two precincts in each county, shall be audited, whichever is greater. If there is only one precinct, that precinct is automatically selected. The state board of canvassers shall utilize current official precinct information provided by the counties to the Secretary of State to determine the number of precincts to be audited per county. Three additional precincts, or as many as possible up to three, in each county will be selected in case a discrepancy in vote tallies occurs that necessitates further auditing.

(4) The state board of canvassers shall select the races, ballot issues, and precincts by rolling ten-sided dice with numerals from 0 to 9. The dice shall be red, white, and blue, with red as the first digit, white the second, and blue the third. For example, rolling 1 on a red die, 2 on a white die, and 3 on a blue die, would indicate the number 123.

(5) To select precincts, each shall be assigned numbers which, when matched with dice rolls, indicate the precincts to be audited.

(a) For counties consisting of ten or fewer precincts, each shall be assigned numbers 1-10. One red, ten-sided die shall be rolled. The number on the die shall be the precinct audited. (The number zero shall represent precinct 10).

(b) For counties having from 11 to 100 precincts, since two dice will be needed, each precinct must be assigned two-digit numbers. For example, number 1 is 01, 2 is 02, and so on up to the number of precincts in the county. Precinct 100 shall be assigned 00. A red and a white ten-sided die shall be rolled, with red indicating the first digit, and white the second digit. The number rolled shall be the precinct audited (i.e., a red 3 and white 2 shall designate precinct 32.).

(c) For counties with 101 or more precincts, three dice will be needed, and precincts shall be assigned three-digit numbers from 001 up to the actual number of precincts. The red die indicates the first digit, white the second, and blue the third.

(d) The board may decide to assign a number range of equal intervals to each precinct to reduce the number of dice throws needed, e.g., 0 - 2 = precinct 1, 3 - 5 = precinct 2, 6 - 8 = precinct 3, etc.

(6) The board shall determine the order in which board members will throw the dice. Board members will rotate dice throwing after each 30-minute interval. A ribbed tumbler and dice tray shall be utilized to accomplish the dice throw. The Secretary of State will record the results on the prescribed form.

(7) The selection of races and ballot issues designated in 13-17-503, MCA, shall be made in the same manner as described above for precincts. Each race or ballot issue shall be assigned a number using placement on the ballot to determine the order. One red die shall be rolled for 10 or fewer races and a red and a white die for 11 or more. The number rolled shall indicate the race or ballot issue to be audited in the precincts previously selected.

(8) Once the races and the precincts to be audited have been selected, the Secretary of State will notify each county election administrator of the race and precinct selections and post the selections on the Secretary of State's website.

(9) If a request is made to audit a countywide race pursuant to 13-17-503, MCA, selection of the race(s) must be done by using a statistically random technique chosen by the board of county commissioners. The precincts used for the audit must be the same precincts selected by the state board of canvassers.

(10) For elections where ballots were hand-counted, the audit committee, selected pursuant to 13-17-504, MCA, shall use the method to count ballots outlined in 13-15-206, MCA. If the random-sample audit results in a discrepancy of more than 0.5% of total ballots cast or five ballots, whichever is greater, another full count of the race(s) and/or ballot issue(s) shall be performed. If the discrepancy remains, the audit committee shall count the selected race(s) and/or ballot issue(s) from the three additional precincts selected per (3). The results of all audits shall be reported to the county board of canvassers.

(11) For elections where a voting system was used to count votes, the method for the audit must be conducted as outlined in 13-17-506, MCA, and must comply with 13-17-503 and 13-17-504, MCA. Discrepancies in results must be addressed pursuant to 13-17-507, MCA.

(12) Once the county audit committee has conducted a random-sample audit, the county election administrator shall submit the results to the Secretary of State on an approved form. These will be posted on the Secretary of State's website.

History

Authorizing statute(s): 13-17-503, MCA
Implementing statute(s): 13-17-503, 13-17-504, 13-17-505, 13-17-506, 13-17-507, MCA
History: NEW, 2010 MAR p. 1548, Eff. 4/16/10; AMD, 2024 MAR p. 287, Eff. 2/10/24.

Mont. Admin. R. 44.3.1720 Reporting Process for Random-Sample Audit

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-1-202, 13-17-503, MCA
Implementing statute(s): 13-17-505, 13-17-506, 13-17-507, MCA
History: NEW, 2010 MAR p. 918, Eff. 4/16/10; AMD, 2012 MAR p. 760, Eff. 4/13/12; REP, 2024 MAR p. 287, Eff. 2/10/24.

Mont. Admin. R. 44.3.1721 Voting System Testing

(1) Pursuant to 13-17-103, MCA, a voting system must be tested by a third-party tester to be free of any modems or other unauthorized external communication devices before its first use in an election and as requested by a county for voting systems in the county's possession and use. The third-party tester must not be an employee of the voting system manufacturer and must be trained and currently certified by the manufacturer as a maintenance technician for the voting system being tested. The voting system manufacturer must provide a current list of certified maintenance technicians to the Secretary of State's Office.

(2) The test referenced in (1) must be a physical examination of the voting system in which the hardware components of the voting system are compared to the diagram of the voting system retained and approved by the Secretary of State's Office.

(3) The third-party tester must provide a report of the test to the county election administrator and to the Secretary of State's Office on a form approved by the Secretary of State's Office. The test report must be maintained by the county election administrator according to the local government records retention schedule.

(4) A voting system that does not conform to the diagram retained and approved by the Secretary of State's Office must not be used for any election.

(5) The county election administrator or designee must be present and ensure the chain of custody of the voting system is documented throughout the testing process.

(6) The county election administrator must ensure the voting system is performing properly before and after the test.

(7) As used in this rule, the term "employee" does not include an independent contractor, individuals hired by an independent contractor, or a subcontractor.

History

Authorizing statute(s): 13-17-103, MCA
Implementing statute(s): 13-17-103, MCA
History: NEW, 2023 MAR p. 1627, Eff. 11/18/23.

Mont. Admin. R. 44.3.1722 Postelection Audit Process for a Nonfederal Election

(1) Pursuant to the Postelection Audit Act, Title 13, chapter 17, part 5, MCA, if a board of county commissioners requests an audit of vote-counting machines for a nonfederal election, they shall randomly select the precincts or ballot styles, races and ballot issues, and vote counting machines (if applicable) to be audited.

(a) The selection of precincts or ballot styles, races and ballot issues, and vote counting machines (if applicable) shall be accomplished by using a statistically random technique chosen by the board.

(b) The board shall record the results on a form prescribed by the Secretary of State.

(2) If audit selection is based on precincts, the board of county commissioners shall utilize current official precinct information provided by the county conducting the audit. One precinct in the election shall be selected. If there is only one precinct, that precinct is automatically selected. After random selection, one additional precinct from the election will also be selected, if possible, in case a discrepancy in vote tallies occurs that necessitates further auditing.

(a) The board shall select up to two races and up to two ballot issues from the selected precinct to audit. If there is only one race and/or ballot issue, that one is automatically selected. The selections may not include:

(i) a retention election for a judicial candidate; or

(ii) a race in which a candidate was unopposed.

(3) If audit selection is based on ballot styles, the board of county commissioners shall utilize current official ballot style information provided by the county conducting the audit. One ballot style in the election shall be selected. If there is only one ballot style, that ballot style is automatically selected. After random selection of the ballot style to be audited, an additional ballot style from the election will also be selected, if possible, in case a discrepancy in vote tallies occurs that necessitates further auditing.

(a) The board shall select up to two races and up to two ballot issues from the selected ballot style to audit. If there is only one race and/or ballot issue, that one is automatically selected. The selections may not include:

(i) a retention election for a judicial candidate; or

(ii) a race in which a candidate was unopposed.

(b) If a selected ballot style has more than 2500 ballots cast and the ballots were counted by more than one vote-counting machine, the board of county commissioners may further narrow the audit by selecting one vote-counting machine used to count the selected ballot style.

(4) The board shall notify the county election administrator of the selections in a public meeting.

(5) The board shall appoint individuals to serve on an audit committee, complying in number and composition with 13-17-504, MCA.

(6) The county audit committee shall conduct the audit pursuant to 13-17-506 and 13-17-510, MCA.

(7) Once the county audit committee has conducted a random-sample audit, the county election administrator shall submit the results to the Secretary of State on an approved form.

History

Authorizing statute(s): 13-17-510, MCA
Implementing statute(s): 13-17-504, 13-17-506, 13-17-510, MCA
History: NEW, 2024 MAR p. 287, Eff. 2/10/24.

Mont. Admin. R. 44.3.1730 Use of Voting Machines and Devices

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-17-101, MCA
History: NEW, 1980 MAR p. 434, Eff. 2/1/80; REP, 1996 MAR p. 3221, Eff. 12/20/96.

Mont. Admin. R. 44.3.1731 Procedures for Use of Ies (shoup) Voting Machines - Before the Polls Open

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-12-201 through 13-12-208, 13-13-115, 13-17-206, MCA
History: NEW, 1979 MAR p. 1520, Eff. 2/1/80; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1732 Procedures for Use of Ies (shoup) Voting Machines - While the Polls Are Open

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-10-209, 13-13-114, 13-13-115, 13-17-305, MCA
History: NEW, 1980 MAR p. 434, Eff. 2/1/80; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1733 Procedures for Use of Ies (shoup) Voting Machines - After the Polls Close

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-13-115, 13-13-117, 13-13-241, 13-13-242, 13-15-101, 13-15-201, 13-15-202, 13-15-204, 13-15-205, MCA
History: NEW, 1980 MAR p. 434, Eff. 2/1/80; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1734 Procedures for Use of Avm (automatic Voting Machines) - Before the Polls Open

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-12-201 through 13-12-208, 13-13-115, 13-17-206, MCA
History: NEW, 1980 MAR p. 434, Eff. 2/1/80; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1735 Procedures for Use of Avm Voting Machines - While the Polls Are Open

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-12-209, 13-13-114, 13-13-115, 13-17-305, MCA
History: NEW, 1980 MAR p. 434, Eff. 2/1/80; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1736 Procedures for Use of Avm Voting Machines - After the Polls Close

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-13-115, 13-13-117, 13-13-241, 13-13-242, 13-15-101, 13-15-201, 13-15-202, 13-15-204, 13-15-205, MCA
History: NEW, 1980 MAR p. 434, Eff. 2/1/80; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1737 Definitions - Computer Election Systems Votomatic (ces)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-17-107, MCA
History: NEW, 1980 MAR p. 434, Eff. 2/1/80; AMD, 1986 MAR p. 1703, Eff. 10/17/86; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1737A PROCEDURES FOR USE OF COMPUTER ELECTION SYSTEMS VOTOMATIC - (CES) PRIMARY ELECTION (REPEALED)

Publisher status: INEFFECTIVE (not currently effective).

44.3.1737A PROCEDURES FOR USE OF COMPUTER ELECTION SYSTEMS VOTOMATIC - (CES) PRIMARY ELECTION

(REPEALED)

History

Authorizing statute(s): 13-17-206, MCA
Implementing statute(s): 13-17-206, MCA
History: NEW, 1986 MAR p. 1703, Eff. 10/17/86; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1738 Procedures for Use of Computer Election Systems Votomatic - (ces) - Before the Polls Open

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-12-201 through 13-12-208, 13-13-115, 13-17-206, MCA
History: NEW, 1980 MAR p. 434, Eff. 2/1/80; AMD, 1986 MAR p. 1703, Eff. 10/17/86; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1739 Procedures for Use of Computer Election Systems Votomatic - (ces) - While the Polls Are Open

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-12-209, 13-13-114, 13-13-115, 13-15-103, 13-17-305, MCA
History: NEW, 1980 MAR p. 434, Eff. 2/1/80; AMD, 1986 MAR p. 1703, Eff. 10/17/86; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1740 Procedures for Use of Computer Election Systems Votomatic - (ces) - After the Polls Close

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-13-115, 13-15-101, 13-15-201, 13-15-202, 13-15-204, 13-15-205, 13-17-117, MCA
History: NEW, 1980 MAR p. 434, Eff. 2/1/80; AMD, 1986 MAR p. 1703, Eff. 10/17/86; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1741 Central Counting Center for Tabulation of Computer Election Systems - Votomatic (ces) Ballots

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-17-107, MCA
History: NEW, 1980 MAR p. 434, Eff. 2/1/80; AMD, 1986 MAR p. 1703, Eff. 10/17/86; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1742 Central Counting Center Procedures and Board Duties - Observation Board

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-17-107, MCA
History: NEW, 1980 MAR p. 434, Eff. 2/1/80; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1743 Central Counting Center Procedures and Duties - Receiving Board

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-17-107, MCA
History: NEW, 1980 MAR p. 434, Eff. 2/1/80; AMD, 1986 MAR p. 1703, Eff. 10/17/86; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1744 Central Counting Center Procedures and Duties - Inspection Board

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-13-117, 13-15-203, 13-17-107, MCA
History: NEW, 1980 MAR p. 434, Eff. 2/1/80; AMD, 1986 MAR p. 1703, Eff. 10/17/86; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1745 Central Counting Center Procedures and Duties - Duplication Board

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-17-107, MCA
History: NEW, 1980 MAR p. 434, Eff. 2/1/80; AMD, 1986 MAR p. 1703, Eff. 10/17/86; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1746 Central Counting Center Procedures and Duties - Write-in Tally Board

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-13-117, 13-15-202, 13-17-107, MCA
History: NEW, 1980 MAR p. 434, Eff. 2/1/80; AMD, 1986 MAR p. 1703, Eff. 10/17/86; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1747 Central Counting Center Procedures and Duties - Ballot Tabulation Board

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-1-303, 13-15-202, 13-17-107, MCA
History: NEW, 1980 MAR p. 434, Eff. 2/1/80; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1748 Central Counting Center Procedures and Duties - Ballot Sealing Board

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-1-303, 13-17-107, MCA
History: NEW, 1980 MAR p. 434, Eff. 2/1/80; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1749 Central Counting Center Procedures and Duties - Election Results Board

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-15-101, 13-17-107, MCA
History: NEW, 1980 MAR p. 434, Eff. 2/1/80; AMD, 1986 MAR p. 1703, Eff. 10/17/86; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1750 Central Counting Center Procedures and Duties - Closing of Counting Center

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-1-303, 13-17-101, MCA
History: NEW, 1980 MAR p. 434, Eff. 2/1/80; AMD, 1986 MAR p. 1703, Eff. 10/17/86; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1760 Definitions - American Information Systems (ais-315)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-17-107(2), MCA
History: NEW, 1985 MAR p. 1249, Eff. 8/30/85; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1761 Ballot Preparations - American Information Systems (ais-315)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-17-107(2), MCA
History: NEW, 1985 MAR p. 1568, Eff. 10/18/85; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1762 Procedures for Use of American Information Systems (ais-315) - Central Tabulating System - Before the Polls Open

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-17-107(2), MCA
History: NEW, 1985 MAR p. 1249, Eff. 8/30/85; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1763 Procedures for Use of American Information Systems (ais-315) - Central Tabulating System - While the Polls Are Open

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-17-107(2), MCA
History: NEW, 1985 MAR p. 1249, Eff. 8/30/85; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1764 Procedures for Use of American Information Systems (ais-315) - Central Tabulating System - After the Polls Close

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-17-107(2), MCA
History: NEW, 1985 MAR p. 1249, Eff. 8/30/85; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1765 Central Tabulating Center Procedures

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-17-107(2), MCA
History: NEW, 1985 MAR p. 1249, Eff. 8/30/85; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1766 Central Tabulating Center Procedures and Board Duties - Observation Board

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-17-107(2), MCA
History: NEW, 1985 MAR p. 1249, Eff. 8/30/85; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1767 Central Tabulating Center Procedures and Duties - Receiving Board

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-17-107(2), MCA
History: NEW, 1985 MAR p. 1249, Eff. 8/30/85; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1768 Central Tabulating Center Procedure and Duties - Staging Board

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-17-107(2), MCA
History: NEW, 1985 MAR p. 1249, Eff. 8/30/85; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1769 Central Tabulating Center Procedures and Duties - Ballot Tabulation Board

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-17-107(2), MCA
History: NEW, 1985 MAR p. 1249, Eff. 8/30/85; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1770 Central Tabulating Center Procedures and Duties - Duplication Board

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-17-107(2), MCA
History: NEW, 1985 MAR p. 1249, Eff. 8/30/85; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1771 Central Tabulating Center Procedures and Duties - Resolution Board

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-17-107(2), MCA
History: NEW, 1985 MAR p. 1249, Eff. 8/30/85; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1772 Central Tabulating Center Procedures and Duties - Write-in Tally Board

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-17-107(2), MCA
History: NEW, 1985 MAR p. 1249, Eff. 8/30/85; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1773 Central Tabulating Center Procedures and Duties - Ballot Sealing Board

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-17-107(2), MCA
History: NEW, 1985 MAR p. 1249, Eff. 8/30/85; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1774 Central Tabulating Center Procedures and Duties - Election Results Board

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-17-107(2), MCA
History: NEW, 1985 MAR p. 1249, Eff. 8/30/85; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1775 Central Tabulating Center Procedures and Duties - Closing of Tabulating Center

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-17-107(2), MCA
History: NEW, 1985 MAR p. 1249, Eff. 8/30/85; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1781 Use and Scope - Computer Election System Optech I

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-17-107(2), MCA
History: NEW, 1985 MAR p. 2040, Eff. 12/27/85; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1782 Definitions - Computer Election Systems Optech I

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-17-107(2), MCA
History: NEW, 1985 MAR p. 2040, Eff. 12/27/85; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1783 Ballot Preparation - Computer Election Systems - Optech I

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-17-107(2), MCA
History: NEW, 1985 MAR p. 2040, Eff. 12/27/85; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1784 Procedures for Use of Computer Election Systems Optech I - Accuracy Testing and Certification

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-17-107(2), MCA
History: NEW, 1985 MAR p. 2040, Eff. 12/27/85; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1785 Procedures for Use of Computer Election Systems Optech I - Before the Polls Open

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-17-107(2), MCA
History: NEW, 1985 MAR p. 2040, Eff. 12/27/85; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1786 Procedures for Use of Computer Election Systems Optech I - While the Polls Are Open

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-17-107(2), MCA
History: NEW, 1985 MAR p. 2040, Eff. 12/27/85; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.1787 Procedures for Use of Computer Election Systems Optech I - After the Polls Close

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-17-107(2), MCA
Implementing statute(s): 13-17-107(2), MCA
History: NEW, 1985 MAR p. 2040, Eff. 12/27/85; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Subchapter 44.3.18 Election Results

Mont. Admin. R. 44.3.1801 Reporting Results During an Election

(1) For an election having at least one statewide race or statewide ballot issue, county election administrators must report results in accordance with 13-15-101, MCA. If the county election administrator has not complied with the reporting requirements in law (13-15-101, MCA), the county election administrator must contact the Secretary of State's office immediately and communicate why they were unable to comply with the law, a description of efforts being made to solve or mitigate the problem, and an estimate of when reporting will begin or resume. County election administrators must also notify the public of the delay.

(2) In the event that a county election administrator is unable to report results as required, the Secretary of State may authorize the county election administrator to publicly post results.

History

Authorizing statute(s): 13-15-101, MCA
Implementing statute(s): 13-15-101, MCA
History: NEW, 2024 MAR p. 138, Eff. 1/27/24.

Subchapter 44.3.20 Voter Registration

Mont. Admin. R. 44.3.2001 Voter Registration Verification

(1) Consistent with 13-2-109 , 13-2-110 , 13-2-205 , 13-2-207 , and 13-2-304 , MCA, the rules in this subchapter shall be used to determine whether information provided is sufficient to be accepted and processed, for verifying accuracy, establishing procedures for provisional and legal registration and effect on ID requirements, and notifying electors of their status.

History

Authorizing statute(s): 13-2-109, MCA
Implementing statute(s): 13-2-109, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.2002 Definitions

As used in this subchapter, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Current address" means residence address or mailing address. For the purposes of this subchapter, an address is presumed to be current unless proved otherwise.

(2) "Elector" means an individual qualified to vote under state law.

(3) "Identification" for the purposes of registration means the following:

(a) a Montana driver's license number, Montana state identification card number issued pursuant to 61-12-501, MCA, or the last four digits of the applicant's social security number;

(b) if unable to provide the items in (5)(a), the following alternative forms of identification:

(i) military identification card, tribal photo identification card, United States passport, or Montana concealed carry permit; or

(ii) a current utility bill, bank statement, paycheck, government check, or other government document that shows the individual's name and current address and photo identification that shows the individual's name. The photo identification may include a school district photo identification, postsecondary education photo identification, or any other identification that includes the name and photo of the individual.

(4) "Legally registered elector" means an elector who was properly registered prior to January 1, 2003, or one who registered on or after that date whose application for voter registration was accepted, processed, and verified as provided by law.

History

Authorizing statute(s): 13-2-109, MCA
Implementing statute(s): 13-2-110, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2010 MAR p. 1545, Eff. 6/25/10; AMD, 2022 MAR p. 169, Eff. 1/29/22; AMD, 2025 MAR, Notice No. 2025-50, Eff. 10/25/25.

Mont. Admin. R. 44.3.2003 Application for Voter Registration

(1) Applicants for voter registration may apply by the procedures specified in 13-2-110 and 13-2-304 , MCA:

(a) in person;

(b) by mail; or

History

Authorizing statute(s): 13-2-109, MCA
Implementing statute(s): 13-2-110, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.2004 Voter Registration Application

(1) Election administrators shall use the voter registration application substantially in the most updated form prescribed by the secretary of state.

(2) Only registration applications substantially in the form prescribed by the secretary of state after June 1, 2003, shall be used by election administrators.

(3) Election administrators may print registration applications for their county use as long as the applications are substantially in the most updated form prescribed by the secretary of state.

(4) If an applicant submits an outdated registration application that does not contain all of the required information, the election administrator may obtain that information and process the registration according to ARM 44.3.2005.

History

Authorizing statute(s): 13-2-109, MCA
Implementing statute(s): 13-2-110, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2013 MAR p. 1628, Eff. 9/6/13.

Mont. Admin. R. 44.3.2005 Voter Registration Application Information Requirements

(1) An applicant for voter registration must provide all required information on the voter registration application, and county election administrators, election deputies, and election workers shall enter the information from each completed voter registration application into the statewide voter registration system as provided in this chapter.

(2) County election administrators, election deputies, and election workers processing and entering the information from an application for voter registration into the statewide voter registration system shall:

(a) Enter the Montana driver's license number, Montana state identification card number, or the last four digits of the social security number when provided by the applicant on the voter registration application into the voter registration system maintained by the election administrator in a field provided for the number; or

(b) If the applicant was unable to provide one of the numbers in (2)(a), select the description of the form of identification required in ARM 44.3.2002, provided by the applicant on the voter registration application, in the voter registration system maintained by the election administrator; and

(c) With respect to confidential or private numbers or information protected from disclosure under ARM 44.3.1102(1)(e) and (3), ensure the numbers or information provided pursuant to (2)(a) and (b) remain accessible only by county or state election officials in the discharge of their official duties and, when applicable, by the authorized staff of the Office of the Secretary of State.

(3) County election administrators, election deputies, and election workers shall utilize the applicant's Montana driver's license number, Montana state identification card number, or the last four digits of the applicant's social security number when provided in the voter registration application as a unique identifier in addition to the voter registration number assigned to the elector.

(4) An applicant for voter registration who does not complete all required fields on the application shall be added to the voter registration system with a “pending” status. If an application lacks sufficient information to be added to the voter registration system, the election administrator, election deputy, or election worker shall make their best effort to return the form to the applicant for completion.

(a) Upon entering a pending applicant into the voter registration system, the election administrator, election deputy, or election worker shall make their best effort to contact the applicant and request the information or documentation missing from the voter registration application.

(b) Upon receipt and verification of the information or documentation missing from a pending applicant’s voter registration application, the election administrator, election deputy, or election worker shall complete the registration as provided in this chapter and shall change the record to reflect the elector's active status.

(c) If the applicant does not respond to the election administrator, election deputy, or election worker’s contact efforts within 30 days, the record shall be canceled due to the incomplete registration.

(5) An applicant for voter registration who completes all required fields on the application, but whose identification is unable to be verified per 13-2-107(3), MCA, shall be added to the voter registration system with a “provisional” status.

(a) Upon entering a provisional applicant into the voter registration system, the election administrator, election deputy, or election worker shall make their best effort to contact the applicant to confirm the identification information provided.

(b) Upon receipt and verification as required under ARM 44.3.2011 of the information or documentation missing from a provisional applicant’s voter registration application, the election administrator, election deputy, or election worker shall complete the registration as provided in this chapter and shall change the record to reflect the elector's active status.

(6) The election administrator, election deputy, or election worker shall document the effort made to contact the applicant to resolve incomplete applications or unverified identification in the applicant’s record in the voter registration system.

(7) The election administrator shall conduct an annual review of records in the voter registration system marked as “provisional” or “pending” and ensure the necessary actions are taken in accordance with this rule to resolve their status.

History

Authorizing statute(s): 13-2-109, MCA
Implementing statute(s): 13-2-110, 13-2-208, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2008 MAR p. 1329, Eff. 6/27/08; AMD, 2010 MAR p. 1545, Eff. 6/25/10; AMD, 2013 MAR p. 1628, Eff. 9/6/13; AMD, 2022 MAR p. 169, Eff. 1/29/22; AMD, 2025 MAR, Notice No. 2025-318, Eff. 11/8/25.

Mont. Admin. R. 44.3.2010 Applicants Ineligible Due to Age or Residence Requirements

(1) An applicant for voter registration who is ineligible to register because of residence or age requirements, but who will be eligible on or before election day, may apply for voter registration pursuant to 13-2-110, MCA.

(2) For any applicants who are ineligible to register because of age requirements, an election official shall register them with a vote-eligible date that matches the individual's 18th birthday.

(3) For any applicants who are ineligible to register because of residency requirements, an election official shall register them with a vote-eligible date that matches the date the applicant will meet residency requirements.

(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.

History

Authorizing statute(s): 13-2-109, MCA
Implementing statute(s): 13-2-110, 13-2-205, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2008 MAR p. 1329, Eff. 6/27/08; AMD, 2012 MAR p. 760, Eff. 4/13/12; AMD, 2021 MAR p. 1685, Eff. 11/20/21.

Mont. Admin. R. 44.3.2011 Provisional Registration Pending Verification

(1) All applicants for voter registration who apply under this subchapter shall be registered provisionally pending verification by an election administrator or their designee of the applicant's Montana driver's license number, Montana state identification card number, or the last four digits of the applicant's social security number. If the applicant is unable to provide a Montana driver's license number, Montana state identification card number, or the last four digits of the applicant's social security number, the applicant shall provide a form of identification required under 13-2-110, MCA, and shall be registered provisionally until the identification information provided by the applicant is verified by an election administrator.

(2) Identification information is verified for registration if it is a Montana driver's license number, a Montana state identification card number, or the last four digits of a social security number validated through the statewide voter registration system. Other forms of identification allowed for voter registration in ARM 44.3.2002 are verified if an election administrator determines that the identification information identifies the applicant, satisfies the requirements of ARM 44.3.2002, and appears to be genuine and authentic.

(3) If an election administrator or their designee cannot verify the identification information submitted by an applicant, the election administrator shall notify the applicant as provided by ARM 44.3.2013(2).

History

Authorizing statute(s): 13-2-109, MCA
Implementing statute(s): 13-2-110, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2022 MAR p. 169, Eff. 1/29/22.

Mont. Admin. R. 44.3.2012 Verification of Voter Registration Information

(1) If the information provided by an applicant for voter registration in ARM 44.3.2011 is verified and the applicant meets all other legal requirements for registration, an election administrator shall register the applicant as a legally registered elector.

(2) Throughout the election process, an election administrator shall, as necessary, work in conjunction with the office of the Secretary of State, the Department of Justice's Motor Vehicle Division, the Social Security Administration and any additional agencies to ensure the verification of the accuracy of the information provided in ARM 44.3.2011.

History

Authorizing statute(s): 13-2-109, MCA
Implementing statute(s): 13-2-110, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2010 MAR p. 1545, Eff. 6/25/10; AMD, 2025 MAR, Notice No. 2025-50, Eff. 10/25/25.

Mont. Admin. R. 44.3.2013 Notice to Applicant of Status of Application for Voter Registration

(1) An election administrator, election deputy, or election worker shall confirm an elector's registration by a confirmation notice required under 13-2-207, MCA, which is substantially in the form prescribed by the Secretary of State.

(2) An election administrator, election deputy, or election worker shall provide notice by the most expedient method available to an applicant for voter registration whose voter registration is not confirmed.

History

Authorizing statute(s): 13-1-202, 13-2-109, MCA
Implementing statute(s): 13-1-202, 13-2-110, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2010 MAR p. 1545, Eff. 6/25/10; AMD, 2025 MAR, Notice No. 2025-50, Eff. 10/25/25.

Mont. Admin. R. 44.3.2014 Maintenance of Active and Inactive Voter Registration Lists for Elections

(1) Election administrators shall follow the procedures in 13-2-220, MCA every year.

(2) An election administrator performing the procedures outlined in 13-2-220(1)(a), MCA, in the month of January also satisfies the requirements of 13-13-212(4)(b), MCA.

History

Authorizing statute(s): 13-2-108, MCA
Implementing statute(s): 13-2-220, 13-13-212, MCA
History: NEW, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2010 MAR p. 1545, Eff. 6/25/10; AMD, 2011 MAR p. 2428, Eff. 11/11/11; AMD, 2013 MAR p. 1628, Eff. 9/6/13; AMD, 2022 MAR p. 83, Eff. 1/15/22.

Mont. Admin. R. 44.3.2015 Late Registration Procedures

(1) In addition to and consistent with the procedures specified in the Montana Code Annotated, and due to administrative necessity, the following shall apply to late registration:

(a) Any prospective elector may register or change the existing elector's voter information after the close of regular registration and be eligible to vote in the election if the election administrator in the county where the elector resides receives and verifies the elector's voter registration information prior to noon the day before the election.

(b) After the close of late registration, an elector may:

(i) update their residence to a different county within Montana but may only vote in their previous county of residence pursuant to 13-2-514, MCA.

(ii) update their residence to a different precinct within the county and may vote a ballot from the former precinct or new precinct. The elector may obtain the former precinct ballot at their former precinct or either ballot at a central location designated by the county election administrator.

(iii) change their name and may vote under the elector's former name unless the registration was cancelled.

(iv) reactivate their registration pursuant to 13-2-222, MCA, but may only vote on election day at the county election administrator's office or a central location designated by the county election administrator.

(2) Except as provided in (3)(a), an elector who registers or changes the elector's voter information pursuant to this rule may vote in the election only if the elector obtains the ballot from and returns it to the location designated by the county election administrator. For the purposes of this rule, returning the ballots to the location designated by the county election administrator includes:

(a) immediately after registering under the procedures of this rule, receiving and casting an absentee ballot at the location designated by the county election administrator; and

(b) at any time after registering under the procedures of this rule, receiving in person from the election administrator and returning an absentee ballot directly to the location designated by the county election administrator, either in person or by mail, subject to applicable deadlines.

(3) An elector who changes residence to a different county within Montana 30 days or less before an election may:

(a) vote in person or by absentee ballot in the precinct and county where previously registered; or

(b) update the elector's registration information and vote in the elector's new county of residence, subject to the late registration provisions of 13-2-301 or 13-2-304, MCA.

(4) If a late transfer registration applicant who is registered in another county appears in the county election office in order to transfer the applicant's registration, an election official shall, if the county from which the applicant is transferring registration has already printed precinct registers, but not yet printed supplemental registers:

(a) subject to 13-2-304(2), MCA, move the voter's registration from the current county into the new county of registration; and

(b) issue the applicant a regular ballot.

(5) If a late transfer registration applicant who is registered in another county appears in the county election office in order to transfer the applicant's registration, an election official shall, if the county from which the applicant is transferring registration has already printed supplemental registers:

(a) subject to 13-2-304(2), MCA, move the voter's registration from the current county into the new county of registration;

(b) issue the applicant a provisional ballot; and

(c) after the election, contact the county from which the applicant is transferring the applicant's registration in order to determine whether the applicant voted in the other county, and follow all other applicable requirements specified in laws and rules for provisional electors.

History

Authorizing statute(s): 13-2-108, MCA
Implementing statute(s): 13-2-304, 13-2-512, 13-2-514, MCA
History: NEW, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2008 MAR p. 1329, Eff. 6/27/08; AMD, 2010 MAR p. 1319, Eff. 5/28/10; AMD, 2010 MAR p. 1545, Eff. 6/25/10; AMD, 2011 MAR p. 2428, Eff. 11/11/11; AMD, 2012 MAR p. 760, Eff. 4/13/12; AMD, 2013 MAR p. 1628, Eff. 9/6/13; AMD, 2022 MAR p. 169, Eff. 1/29/22.

Subchapter 44.3.21 Voter Identification and Provisional Voting Procedures

Mont. Admin. R. 44.3.2101 Voter Identification and Provisional Voting Procedures at the Polling Place - General

(1) An election administrator shall follow 13-13-114 , 13-13-301 , 13-13-601 , 13-15-107 , MCA, and these rules in regard to voter identification and provisional voting at the polling place.

History

Authorizing statute(s): 13-13-603, MCA
Implementing statute(s): 13-13-603, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04.

Mont. Admin. R. 44.3.2102 Definitions

As used in this subchapter, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Current address" means residence address or mailing address. For the purposes of this subchapter, an address is presumed to be current unless proved otherwise.

(2) "Elector" means an individual qualified to vote under state law.

(3) "Identification" for the purposes of voting at the polling place, means the following:

(a) Montana driver's license, Montana state identification card issued pursuant to 61-12-501, MCA, military identification card, tribal photo identification card, United States passport, or Montana concealed carry permit; or

(b) a current utility bill, bank statement, paycheck, government check, or other government document that shows the elector's name and current address; and

(c) photo identification that shows the elector's name, including but not limited to a school district or postsecondary education photo identification.

(5) "Polling place elector identification form" means a form prescribed by the Secretary of State and printed by the election administrator that:

(a) requires an elector to provide the elector's current Montana residential address, current mailing address, date of birth, signature, and date;

(b) requires an elector to provide the elector's Montana driver's license number, Montana state identification card number, or the last four digits of the elector's social security number; and

(c) is permitted to be used by an elector at the polling place as a government document, if the number provided under (5)(b) is validated through the statewide voter registration system by an election administrator, election deputy, or election worker and the elector's information is consistent with the information provided pursuant to (5)(a).

(6) "Polling place greeter" means an election official or election worker who assists electors with voting procedures as they enter the polling place.

(7) "Polling place manager" means an election official who is responsible for polling place procedures.

(8) "Reasonable impediment declaration form" means the form allowed by 13-15-107(4), MCA, and prescribed by the Secretary of State.

History

Authorizing statute(s): 13-13-603, MCA
Implementing statute(s): 13-13-114, 13-13-601, 13-15-107, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2010 MAR p. 1545, Eff. 6/25/10; AMD, 2022 MAR p. 169, Eff. 1/29/22; AMD, 2025 MAR, Notice No. 2025-50, Eff. 10/25/25.

Mont. Admin. R. 44.3.2103 Printing of Identification and Provisional Voting Materials

(1) Election administrators shall provide materials for identification and provisional voting in sufficient numbers for each election. These materials shall include at least the following, in forms prescribed by the secretary of state:

(a) provisional ballot instructions;

(b) provisional ballot outer envelopes;

(d) verified and unverified provisional ballot labels;

(e) displays of instructions for electors under 13-13-112, MCA;

(f) polling place elector identification forms as defined in ARM 44.3.2102; and

(g) at the option of the election administrator, postings for inside or outside of the polling place.

(2) Election officials shall use regular ballots for provisional voting.

History

Authorizing statute(s): 13-13-603, MCA
Implementing statute(s): 13-13-112, 13-13-603, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2010 MAR p. 1545, Eff. 6/30/10; AMD, 2012 MAR p. 760, Eff. 4/13/12.

Mont. Admin. R. 44.3.2104 Arrangements for Identification and Provisional Voting Procedures - Before the Election

(1) Election administrators shall arrange for a secure location for ballots cast provisionally, in the same or similar location as for voted regular ballots.

(2) Election administrators may at their option arrange for:

(a) polling place greeters who will inform electors of voting procedures;

(b) polling place managers to ensure ease of identification and provisional voting processes; and

History

Authorizing statute(s): 13-13-603, MCA
Implementing statute(s): 13-13-603, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04.

Mont. Admin. R. 44.3.2109 Procedures for Challenges

(1) An elector's right to vote may be challenged at any time by any registered elector. The challenger must fill out and sign an affidavit stating the grounds of the challenge and providing any evidence supporting the challenge to the election administrator or, on election day, to an election judge.

(2) Any challenge made under this rule shall be decided in favor of the challenged elector, unless it is demonstrated by a preponderance of the evidence that the challenged elector should not be permitted to vote.

History

Authorizing statute(s): 13-13-301, MCA
Implementing statute(s): 13-13-301, MCA
History: NEW, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2010 MAR p. 1417, Eff. 5/28/10; AMD, 2010 MAR p. 1545, Eff. 6/25/10; AMD, 2011 MAR p. 2428, Eff. 11/11/11.

Mont. Admin. R. 44.3.2110 Procedures at the Polling Place for Determining the Sufficiency of Identification - Prior to Casting a Ballot

(1) Consistent with 13-13-114, MCA, before an elector is permitted to receive a ballot or vote, the elector shall present to an election judge one of the forms of required identification defined in ARM 44.3.2102.

(2) An election judge shall allow an elector whose name appears on the precinct register, but who does not provide a required form of identification, to do the following:

(a) return to the polling place with a required form of identification; or

(b) cast a provisional ballot.

(3) An elector who is otherwise eligible to vote and who provides a form of identification shall be permitted to vote as follows:

(a) if the information on the form of identification provided is determined to be sufficient by an election judge while the elector is at the polling place, the elector shall be provided a regular ballot to vote;

(b) if the information on the form of identification provided is determined to be insufficient by an election judge while the elector is at the polling place, the elector shall be provided a provisional ballot to vote; and

(c) consistent with 13-13-114, MCA, if the identification provided differs from information in the precinct register, but an election judge determines that the information provided is sufficient to verify the voter's identity to vote pursuant to 13-2-512, MCA, the elector may sign the precinct register, complete a new registration form to update or correct the elector's voter registration information, and vote. An election judge shall write "registration form" in the register beside the name of any elector submitting a form.

(4) Consistent with 13-13-114 and 13-1-116, MCA, if the elector is not able to sign the elector's name to the precinct register, a fingerprint or other identifying mark may be used, or the elector may have an election administrator or election judge, or another person who has been designated by the elector as the elector's agent, provide a signature or identifying mark. If the elector fails or refuses to sign the elector's name or, if unable to write, fails to provide a fingerprint or other identifying mark, the elector may cast a provisional ballot as provided in 13-13-601, MCA, and these rules.

History

Authorizing statute(s): 13-13-603, MCA
Implementing statute(s): 13-1-116, 13-13-114, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2010 MAR p. 1545, Eff. 6/25/10; AMD, 2012 MAR p. 760, Eff. 4/13/12; AMD, 2013 MAR p. 1628, Eff. 9/6/13; AMD, 2022 MAR p. 169, Eff. 1/29/22; AMD, 2025 MAR, Notice No. 2025-50, Eff. 10/25/25.

Mont. Admin. R. 44.3.2111 Procedures at the Polling Place for Determining Eligibility to Vote - Prior to Casting a Ballot

(1) An individual who provides sufficient identification specified in ARM 44.3.2102, but whose name does not appear on the precinct register, shall be permitted to:

(a) provide information to an election official at the polling place to verify the individual's registration, subject to the following:

(i) an individual whose name is erroneously omitted from a precinct register or other election register may secure from the election administrator or designee a certificate of the error, stating the precinct in which the individual is entitled to vote, and present the certificate, which will entitle the individual to vote a regular ballot, to an election judge;

(ii) the certificate shall be marked "voted" by the election judges and returned by them with the precinct register. The individual shall sign the back of the precinct register or in a location specified by the county election administrator;

(iii) if the individual is for any reason unable to secure a certificate of error from the election administrator, the individual may vote by signing an oath that the individual's name was erroneously omitted, if the chief election judge of the precinct confirms such omission by contacting the election administrator or designee. The oath shall be marked "voted" by the election judges and returned by them with the precinct register. The individual shall sign the back of the precinct register or in a location specified by the county election administrator; or

(b) if the election official is unable to verify the individual's eligibility while the individual is at the polling place, sign the precinct register and cast a provisional ballot.

(2) Consistent with 13-13-114, MCA, if the information provided by the elector differs from information in the precinct register, but an election judge determines that the information provided is sufficient to verify the voter's eligibility to vote pursuant to 13-2-512, MCA, the elector may sign the precinct register, complete a new registration form to update or correct the elector's voter registration information, and vote. An election judge shall write "registration form" beside the name of any elector submitting a form.

(3) Consistent with 13-13-114 and 13-1-116, MCA, if the elector is not able to sign the elector's name to the precinct register, a fingerprint or other identifying mark may be used, or the elector may have an election administrator or election judge, or another person who has been designated by the elector as the elector's agent, provide a signature or identifying mark. If the elector fails or refuses to sign the elector's name or, if unable to write, fails to provide a fingerprint or other identifying mark, the elector may cast a provisional ballot as provided in 13-13-601, MCA, and these rules.

History

Authorizing statute(s): 13-13-603, MCA
Implementing statute(s): 13-13-114, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2010 MAR p. 1545, Eff. 6/25/10; AMD, 2012 MAR p. 760, Eff. 4/13/12; AMD, 2013 MAR p. 1628, Eff. 9/6/13.

Mont. Admin. R. 44.3.2112 Procedures at the Polling Place for Challenges - Prior to Casting a Ballot

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-13-603, MCA
Implementing statute(s): 13-13-301, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04; REP, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.2113 Provisional Voting Procedures at the Polling Place and at the Election Administrator's Office - Casting a Ballot

(1) The election administrator shall direct election officials in each precinct to mark, in a location specified by the election administrator in the records maintained by election officials, a notation for each individual who has chosen to cast a provisional ballot or set of provisional ballots, as applicable.

(2) Consistent with 13-13-601, MCA, an election official shall give to an individual who has chosen to cast a provisional ballot the following, in the forms prescribed by the secretary of state:

(a) provisional ballot instructions, which must be filled out by an election official in the areas specified;

(b) a provisional ballot outer envelope, which must be filled out by an election official in the areas specified;

(d) a regular ballot.

(3) The individual shall, upon receipt of the forms in (2):

(a) read the provisional ballot instructions;

(b) fill out the specified areas of the provisional ballot outer envelope; and

(c) allow an election official to review the provisional ballot outer envelope that has been filled out by the individual.

(4) An election official, upon receiving the provisional ballot outer envelope from the individual, shall:

(a) ensure that the individual completed all required information on the provisional ballot outer envelope; and

(b) inform the individual that the individual may provide additional information at the individual's option.

(5) After the individual and the election official complete the requirements in this rule, the election official shall allow the individual to:

(a) sign the precinct register;

(b) vote the ballot;

(c) place the ballot in the provisional ballot secrecy envelope, and in a primary election, place the unvoted party ballot in an unvoted ballot envelope;

(d) place the provisional ballot secrecy envelope in the provisional ballot outer envelope; and

(e) return the provisional ballot outer envelope to an election official, who shall place the provisional ballot outer envelope into an unverified provisional ballot container, and who shall in a primary election, place the unvoted party ballot into an unvoted ballot box or into the provisional ballot outer envelope. The location where the unvoted party ballot is placed must be consistent within a county and must be consistent with direction given by the election administrator.

(6) Consistent with 13-15-107, MCA, an election official shall handle a provisional ballot outer envelope which holds a ballot cast provisionally by an individual whose voter information is verified by the end of election day as follows:

(a) remove the provisional ballot outer envelope from the unverified provisional ballot container;

(b) mark it to indicate the reason(s) why it was verified and removed;

(c) ensure the ballot is removed from the provisional ballot secrecy envelope, deposited with other ballots in a manner that allows for the secrecy of the ballot to the greatest extent possible, and counted as any other ballot;

(d) place the provisional ballot outer envelope in the verified provisional ballot container; and

(e) mark in the location specified by the election administrator that the ballot has been counted as any other ballot.

History

Authorizing statute(s): 13-13-603, MCA
Implementing statute(s): 13-13-114, 13-13-601, 13-15-107, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2010 MAR p. 1319, Eff. 5/28/10; AMD, 2010 MAR p. 1545, Eff. 6/25/10; AMD, 2012 MAR p. 760, Eff. 4/13/12.

Mont. Admin. R. 44.3.2114 Provisional Voting Procedures on Election Day After the Close of Polls - the Sixth Day After Election Day

(1) Provisional ballots must be handled consistent with 13-15-107, MCA.

(2) The election administrator shall direct election officials in each precinct, after the close of polls on election day, to tally the number of electors who have chosen to cast provisional ballots, but whose voter information is not verified at the polls by the end of election day, in a location specified by the election administrator in the records maintained by election officials.

(3) For verified provisional ballots, an election official shall mark the provisional ballot outer envelope with the reason(s) why it was verified and removed and place the provisional ballot outer envelope in the verified provisional ballot container.

(4) All information regarding electors who have chosen to cast provisional ballots shall remain private at all times prior to and during the counting of provisional ballots and shall not be released prior to, during, or after the counting period without a court order.

(5) Election officials or election workers shall seal the unverified and verified provisional ballot containers and ensure delivery according to the election administrator's instructions.

History

Authorizing statute(s): 13-13-603, MCA
Implementing statute(s): 13-15-107, 13-15-301, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2008 MAR p. 1329, Eff. 6/27/08, AMD, 2010 MAR p. 1319, Eff. 5/28/10; AMD, 2010 MAR p. 1545, Eff. 6/25/10; AMD, 2013 MAR p. 1628, Eff. 9/6/13; AMD, 2025 MAR, Notice No. 2025-50, Eff. 10/25/25.

Mont. Admin. R. 44.3.2115 Provisional Voting Procedures - After Final Determination Whether or Not to Count Provisional Ballots

(1) Election officials, after making the final determination whether or not to count the ballot(s) of each elector who cast a provisional ballot(s) and separately recording the reason(s) why each ballot was cast as a provisional ballot and why each ballot was counted or not counted, shall:

(a) open the verified provisional ballot container, record on the provisional ballot outer envelope the reason(s) for counting the verified provisional ballots, and seal the verified provisional ballot container, which shall not be opened without a court order; and

(b) open the unverified provisional ballot container, and mark on each provisional ballot outer envelope that the elector's vote was not counted, and the reason why not, and all other applicable information, and seal the unverified provisional ballot container, which shall not be opened without a court order.

(2) Election administrators, election deputies, or election workers shall notify each elector who cast a provisional ballot, by the most expedient means possible, whether or not the elector's vote was counted, and the reason(s) why or why not.

History

Authorizing statute(s): 13-1-202, 13-13-603, MCA
Implementing statute(s): 13-1-202, 13-15-107, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2010 MAR p. 1545, Eff. 6/25/10; AMD, 2025 MAR, Notice No. 2025-50, Eff. 10/25/25.

Subchapter 44.3.22 Absentee Procedures

Mont. Admin. R. 44.3.2201 Form of Absentee Ballot Application and Absentee Ballot Transmission to Election Administrator - General

(1) Election officials and election workers shall follow Title 13, chapter 13, part 2, MCA, and these rules in regard to absentee applications.

History

Authorizing statute(s): 13-13-212, MCA
Implementing statute(s): 13-13-212, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04.

Mont. Admin. R. 44.3.2202 Definitions

As used in this subchapter, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Elector" means an individual qualified to vote under state law.

History

Authorizing statute(s): 13-13-212, MCA
Implementing statute(s): 13-13-212, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2025 MAR, Notice No. 2025-50, Eff. 10/25/25.

Mont. Admin. R. 44.3.2203 Absentee Ballot Application and Absentee Ballot Transmission to Election Administrator

(1) An elector or an agent designated pursuant to 13-1-116, MCA, may apply for an absentee ballot following the procedure in 13-13-212, MCA. If the election administrator can independently obtain the applicant's birth date, the application shall not be rejected for lack of the applicant's birth date. The request must be submitted to the election administrator of the applicant's county of residence within the time period specified in 13-13-211, MCA.

(2) The minimum acceptable prescribed form for an application for an absentee ballot must include a written request for the absentee ballot, the elector's birth date, and the elector's or the elector's agent's signature. Additional recommended statements include the election for which the elector is requesting an absentee ballot and the address to which the elector wants the ballot mailed. Electors are strongly encouraged to use the form available at the county election office or on the secretary of state's web site.

(3) An election administrator who receives a request pursuant to 13-13-212, MCA, shall determine whether the elector's or the elector's agent's signature on the request matches the elector's or the elector's agent's signature on the elector's voter registration application, prior to placing the elector on a list of individuals who wish to receive absentee ballots in subsequent elections.

(4) In order for an elector to be sent an absentee ballot for an election under the procedures and during the period specified under 13-13-212, MCA, the elector shall return the confirmation form to the election administrator within the time period specified for receipt of absentee ballot applications under 13-13-211, MCA.

History

Authorizing statute(s): 13-1-202, MCA
Implementing statute(s): 13-13-211, 13-13-212, 13-13-213, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2006 MAR p. 1741, Eff. 7/7/06; AMD, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2008 MAR p. 1329, Eff. 6/27/08; AMD, 2010 MAR p. 917, Eff. 4/16/10; AMD, 2010 MAR p. 1545, Eff. 6/25/10; AMD, 2011 MAR p. 2428, Eff. 11/11/11; AMD, 2013 MAR p. 1628, Eff. 9/6/13.

Mont. Admin. R. 44.3.2204 Processes and Procedures for Early Preparation of Absentee Ballots

(1) The processes and procedures for early preparation of absentee ballots are conducted after completion of or in conjunction with the processes and procedures in 13-13-241(1) through (8), MCA.

(2) The following processes and procedures, when implemented by the election administrator, are intended to ensure the security of ballots and secrecy of votes during the early preparation of ballots not sooner than the earliest time permitted by 13-13-241, MCA. The election administrator shall ensure that the early absentee ballot preparation area:

(a) permits observers to view all procedures;

(b) is arranged to ensure that observers do not interfere with the procedures, view the votes cast on individual ballots, or knowingly or unintentionally compromise the secrecy of the ballots;

(c) subject to (2)(a) and (2)(b), allows observers to be located not less than 10 feet or more than 20 feet from the boundaries of the area, or a distance determined by the election administrator based on space constraints if these distances are not feasible; and

(d) only allows access by the following, after they have taken and subscribed the official oath prescribed under Article III, section 3 of the Montana Constitution:

(i) officials preparing absentee ballots, who must have identifying badges so that observers can clearly identify who is authorized to prepare ballots; and

(ii) staff authorized by the election administrator.

(3) The election administrator shall maintain the security of the observation area as specified in (2) and by:

(a) ensuring that all individuals in the observation area sign in before being permitted to be present;

(b) prohibiting electronic recording devices in the observation area; and

(4) The election administrator shall maintain the secrecy of votes during the early preparation of absentee ballots by:

(a) following the procedures specified in (2) and (3);

(b) requiring that election officials and election workers open signature envelopes and secrecy envelopes in a manner to ensure that the identity of the voter cannot be connected to the voter's ballot, either by observers, by election officials, by election workers, or by any authorized staff participating in the early preparation process;

(c) directing election officials and election workers to place the ballots in secure containers sealed with numbered security seals as necessary and when the early preparation process is completed;

(d) handling the ballot as provided in 13-15-201, MCA, for an elector who provides identifying information on the elector's ballot and announcing that an elector has provided identifying information, but not providing the elector's identity; and

(e) instructing election officials and election workers to secure all absentee voting materials consistent with the procedures specified in 13-15-205, MCA.

(5) An absentee ballot early preparation reconciliation form:

(a) must be in the form prescribed by the Secretary of State;

(b) must be provided upon request to any observer;

(d) when completed, must be posted in the early preparation area at the conclusion of early preparation procedures.

(6) Immediately after early preparation of absentee ballots and until ballot counting begins, the prepared absentee ballots must be stored in secure containers with numbered security seals and:

(a) must be placed in a secure location that prevents unauthorized access;

(b) must not be accessed except by at least two election officials acting together who:

(i) are authorized by the county election administrator;

(ii) have each taken and subscribed the official oath prescribed under Article III, section 3 of the Montana Constitution; and

(iii) sign a log sheet each time that they access the secured ballots.

(7) Election administrators shall maintain and make available for public inspection a security log in a form prescribed by the Secretary of State that accurately tracks seals placed on and removed from any early preparation absentee ballot container.

(8) Nothing in this rule shall be construed to permit an election official or election worker to count absentee ballots or other ballots before the time permitted by statute.

History

Authorizing statute(s): 13-13-241, MCA
Implementing statute(s): 13-13-241, MCA
History: NEW, 2011 MAR p. 2427, Eff. 11/11/11; AMD, 2022 MAR p. 1768, Eff. 9/10/22; AMD, 2025 MAR, Notice No. 2025-50, Eff. 10/25/25.

Mont. Admin. R. 44.3.2205 Facsimile Requests for Absentee Ballots

(1) An election administrator may treat a facsimile copy request for an absentee ballot as a mail request if all other requirements of 13-13-212, MCA are met.

(2) A facsimile copy may be accepted under (1) if it is legible.

History

Authorizing statute(s): 13-1-202, MCA
Implementing statute(s): 13-13-212, MCA
History: NEW, 1989 MAR p. 1343, Eff. 9/15/89; AMD, 2010 MAR p. 1545, Eff. 6/25/10; AMD and TRANS, from 44.3.1403, 2013 MAR p. 1628, Eff. 9/6/13.

Mont. Admin. R. 44.3.2206 Rejected Ballots

(1) All rejected absentee ballots, the absentee ballot applications, and all absentee ballot signature envelopes must be enclosed in an envelope or container marked "REJECTED BALLOT(S) OF ABSENTEE ELECTORS."

History

Authorizing statute(s): 13-15-108, MCA
Implementing statute(s): 13-15-108, MCA
History: NEW, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2011 MAR p. 2428, Eff. 11/11/11; AMD and TRANS, from 44.3.1716, 2013 MAR p. 1628, Eff. 9/6/13.

Subchapter 44.3.23 Voter Identification and Provisional Voting by Absentee and Mail Ballot

Mont. Admin. R. 44.3.2301 Voter Identification and Provisional Voting by Absentee and Mail Ballot - General

(1) Election officials and election workers shall follow 13-1-116, 13-13-201, 13-13-204, 13-13-241, 13-13-602, and 13-15-107, MCA, and these rules in regard to voter identification and provisional voting by absentee and mail ballot.

History

Authorizing statute(s): 13-13-603, MCA
Implementing statute(s): 13-13-603, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2006 MAR p. 2671, Eff. 10/27/06.

Mont. Admin. R. 44.3.2302 Definitions

As used in this subchapter, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Current address" means residence address or mailing address. For the purposes of this subchapter, an address is presumed to be current unless proved otherwise.

(2) "Elector" means an individual qualified to vote under state law.

(3) "Identification" for the purposes of voting by absentee and mail ballot means any of the following:

(a) the elector's Montana driver's license number, the elector's Montana state identification card number issued pursuant to 61-12-501, MCA, or the last four digits of the elector's social security number; or

(b) a readable copy of the elector's military identification card, tribal photo identification card, United States passport, Montana concealed carry permit, or a photo identification card issued to the elector by a Montana college or university; or

(c) any other form of readable photo identification with the individual elector's name together with a copy of a current utility bill, bank statement, paycheck, notice of confirmation of voter registration issued pursuant to 13-2-207, MCA, government check, or other government document that shows the elector's name and current address.

History

Authorizing statute(s): 13-13-603, MCA
Implementing statute(s): 13-13-201, 13-13-214, 13-13-241, 13-13-602, 13-15-107, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2010 MAR p. 1545, Eff. 6/25/10; AMD, 2022 MAR p. 169, Eff. 1/29/22; AMD, 2025 MAR, Notice No. 2025-50, Eff. 10/25/25.

Mont. Admin. R. 44.3.2303 Absentee or Mail Ballot Elector Identification Form

(1) An election official or election worker shall enclose with the materials sent to each provisionally registered elector instructions in the form prescribed by the Secretary of State notifying the elector of the requirement to provide one of the forms of required identification defined in ARM 44.3.2302.

History

Authorizing statute(s): 13-1-202, 13-13-603, MCA
Implementing statute(s): 13-1-202, 13-13-201, 13-13-603, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2006 MAR p. 1741, Eff. 7/7/06; AMD, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2010 MAR p. 1545, Eff. 6/25/10; AMD, 2022 MAR p. 169, Eff. 1/29/22.

Mont. Admin. R. 44.3.2304 Procedures for Absentee and Mail Ballot Voting - Determining the Sufficiency of Identification of Provisionally Registered Electors

(1) After completion of the signature verification procedures in 13-13-241 or 13-19-309, MCA, as applicable, the election administrator shall determine prior to an election whether a provisionally registered absentee or mail ballot elector has enclosed in the outer signature envelope, together with the voted ballot in the secrecy envelope, sufficient identification as defined in ARM 44.3.2302 to allow the ballot to be counted.

(a) If the identification enclosed in the outer signature envelope is insufficient, an election administrator, election deputy, or election worker shall follow procedures described in 13-13-241, MCA, and these rules to allow a provisionally registered absentee or mail ballot elector who failed to provide proper identifying information in the outer signature envelope to verify eligibility to vote:

(i) a ballot cast by an elector whose voter identification information is insufficient or whose name does not appear on the precinct register must be handled as a provisional ballot under 13-15-107, MCA;

(ii) an election administrator, election deputy, or election worker shall notify the absentee or mail ballot elector by mail or by the most expedient method available that the elector's identification was insufficient and that the elector's ballot will be treated as a provisional ballot until the elector provides sufficient identification under ARM 44.3.2302;

(iii) if the elector is notified by mail, an election administrator, election deputy, or election worker shall provide a self-addressed signature envelope along with a description in the form prescribed by the Secretary of State of the identification necessary for the absentee or mail ballot elector to reclassify the provisional ballot as a regular ballot; and

(iv) to the extent applicable, an election administrator, election deputy, or election worker shall handle absentee and mail ballot elector provisional ballots in the same manner as specified under the procedures for provisional ballots cast at the polling place in ARM 44.3.2113, 44.3.2114, and 44.3.2115.

(b) Upon receipt of one of the forms of required identification defined in ARM 44.3.2302, if the identification provided is verified through a voter verification process or another form of identification provided in ARM 44.3.2302 is sufficient:

(i) an election administrator, election deputy, or election worker shall mark on the absentee or mail ballot signature envelope that sufficient identification was provided by the elector; and

(ii) the county election administrator or designee shall register the elector as a legally registered elector.

(c) An election administrator, election deputy, or election worker who receives identification information shall retain in a sealed package the copy of identification provided by the provisionally registered absentee or mail ballot elector. The sealed package containing the copy of identification may not be opened without a court order.

History

Authorizing statute(s): 13-13-603, MCA
Implementing statute(s): 13-13-114, 13-13-201, 13-13-241, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2006 MAR p. 1741, Eff. 7/7/06; AMD, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2010 MAR p. 1545, Eff. 6/25/10; AMD, 2011 MAR p. 2428, Eff. 11/11/11; AMD, 2013 MAR p. 1628, Eff. 9/6/13; AMD, 2022 MAR p. 169, Eff. 1/29/22; AMD, 2025 MAR, Notice No. 2025-50, Eff. 10/25/25.

Mont. Admin. R. 44.3.2305 Procedures for Absentee and Mail Ballot Voting - Printing Error or Ballot Destroyed - Failure to Receive Ballot

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-13-603, MCA
Implementing statute(s): 13-13-204, 13-13-603, 13-15-107, 13-19-313, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04; REP, 2012 MAR p. 760, Eff. 4/13/12.

Subchapter 44.3.24 Ballot Form and Uniformity and Determining a Valid Vote

Mont. Admin. R. 44.3.2401 Ballot Form and Uniformity

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-12-202, MCA
Implementing statute(s): 13-12-202, 13-13-205, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2008 MAR p. 1329, Eff. 6/27/08; AMD, 2010 MAR p. 1417, Eff. 5/28/10; AMD, 2010 MAR p. 1545, Eff. 6/25/10; REP, 2012 MAR p. 760, Eff. 4/13/12.

Mont. Admin. R. 44.3.2402 Determining a Valid Vote in Manually Counting and Recounting Paper Ballots

(1) Before being counted, each questionable vote on a paper ballot set aside under 13-15-206, MCA, must be reviewed by the designated board. The board shall evaluate each questionable vote according to the rules below:

(a) If a majority of the designated board members agree that under the rules the voter's intent can be clearly determined, the vote is valid and must be counted according to the voter's intent.

(b) If a majority of the designated board members do not agree that the voter's intent can be clearly determined under the rules, the vote is not valid and may not be counted.

(2) The following general rules shall apply in a count or recount of paper ballots:

(a) more than one designated voting area has been marked and at least one mark has been erased, but residue is or is not left. The designated board shall cause a vote to be counted for the designated voting area that has been marked;

(b) one designated voting area is marked and at least one other designated voting area is marked with a heavy mark and no erasure has been attempted. The designated board shall cause this to be designated as an overvote;

(c) the designated voting area has been marked for one candidate or ballot issue choice and a partially completed mark is made in at least one other designated voting area. The mark may or may not have some erasure, although for the purpose of this rule erasure is not required. If an erasure is present and it is not sufficient to make the intent of the elector clear, the designated board shall cause this to be designated as an overvote. If no erasure attempt is made, the designated board shall cause this to be designated as an overvote;

(d) the designated voting area has been marked for one candidate or ballot issue choice and a hesitation mark is present within at least one other designated voting area. The designated board shall cause a vote to be counted for the designated voting area that has been marked;

(e) the designated voting area has not been marked according to instructions, but the designated voting area, candidate, or ballot issue choice is circled, underlined, checked, or otherwise clearly marked. The designated board shall cause a vote to be counted for the marked choice;

(f) the designated voting area has not been marked according to instructions, but there is a connective line or arrow between the candidate or ballot issue choice and the designated voting area to indicate the vote. The designated board shall cause a vote to be counted for the marked designated voting area;

(g) more than one designated voting area has been marked, but no clear mark is used to indicate the intended candidate or ballot issue choice. This includes, but is not necessarily limited to, instances in which more than the allowable choices are marked, and an "X" has been marked in either or both of the designated voting areas. The designated board shall cause this to be designated as an overvote;

(h) more than one designated voting area has been marked, but a clear word, mark, or statement is used to indicate the intended vote. The designated board shall cause a vote to be counted for the designated voting area indicated as the intended vote;

(i) a word or statement has been used to indicate the intended vote instead of marking the designated voting area according to instructions. The designated board shall cause a vote to be counted for the designated voting area indicated as the intended vote;

(j) all of the designated voting areas are crossed out. The designated board shall cause this to be designated as an undervote;

(k) a mark is made outside the designated voting area but close enough to the designated voting area to determine voter intent, and the designated voting area is not marked. The designated board shall cause a vote to be counted for the designated voting area determined as the intended vote;

(l) a ballot is marked with different colors or types of marking instruments. The designated board shall cause votes to be counted as marked by the voter unless it is determined that the ballot is otherwise not valid.

History

Authorizing statute(s): 13-15-206, MCA
Implementing statute(s): 13-15-206, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2010 MAR p. 1545, Eff. 6/25/10; AMD, 2012 MAR p. 760, Eff. 4/13/12; AMD, 2025 MAR, Notice No. 2025-50, Eff. 10/25/25.

Mont. Admin. R. 44.3.2403 Determining a Valid Write-in Vote in Manually Counting and Recounting Paper Ballots

(1) Before being counted, each questionable write-in vote on a paper ballot set aside under 13-15-206, MCA, must be reviewed by the designated board. The designated board shall evaluate each questionable vote according to the rules below:

(a) If a majority of the designated board members agree that under the rules the voter's intent can be clearly determined, the vote is valid and must be counted according to the voter's intent.

(b) If a majority of the designated board members do not agree that the voter's intent can be clearly determined under the rules, the vote is not valid and may not be counted.

(2) Only votes for declared write-in candidates shall be counted. Except as provided in ARM 44.3.2405, a write-in vote may be counted only if the write-in vote identifies an individual by any of the designations filed pursuant to 13-10-211, MCA, and the oval, box, or other designated voting area on the ballot is marked. The following rules shall apply to determining a valid write-in vote in a count or recount of paper ballots, and must be read in conjunction with ARM 44.3.2402:

(a) a name is written in, but the designated write-in voting area is not marked, and no other candidate is selected. The designated board shall cause this to be designated as an undervote;

(b) no candidate name or office is written in, but the designated write-in voting area is marked and no other candidate is selected. The designated board shall cause this to be designated as an undervote;

(c) a printed candidate is selected by marking of the designated voting area, and no name is written in, but the designated write-in voting area is marked. The designated board shall cause a vote to be counted for the printed candidate;

(d) a printed candidate is selected by marking of the designated voting area, any individual's name is written in, and the designated write-in voting area is marked. If the name written in is different from the name of the printed candidate selected, the designated board shall cause this to be designated as an overvote. If the name written in is the same as the name of the printed candidate selected, the designated board shall cause a vote to be counted for the printed candidate selected;

(e) the designated voting area for a printed candidate is marked and the same name is written in, but the designated write-in voting area is not marked. The designated board shall cause a vote to be counted as a vote for the marked designated voting area;

(f) comments are written in which do not indicate a clear vote and no candidate is marked. The election officials shall cause this to be designated as an undervote;

(g) the designated voting area for a printed candidate is marked, a comment is written in, and the corresponding designated write-in voting area is or is not marked. The designated board shall cause this to be counted as a vote for the printed candidate unless the comment creates uncertainty about who the choice is or directs the designated board not to count the vote for the printed candidate selected. In the latter case, the designated board shall cause this to be designated as an undervote;

(h) at least one printed candidate appears as a candidate for the office and the designated voting area is not marked for any printed candidates, but a name is written in that is not the name of a declared write-in candidate and the corresponding designated write-in voting area is or is not marked. The designated board shall cause this to be designated as an undervote.

History

Authorizing statute(s): 13-15-206, MCA
Implementing statute(s): 13-10-211, 13-15-206, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2010 MAR p. 916, Eff. 4/16/10; AMD, 2012 MAR p. 760, Eff. 4/13/12; AMD, 2024 MAR p. 88, Eff. 1/13/24; AMD, 2025 MAR, Notice No. 2025-50, Eff. 10/25/25.

Mont. Admin. R. 44.3.2404 Determining a Valid Vote on an Electronic Voting System

(1) A vote on an electronic voting system consists of a voter's selection of a candidate or answer to a ballot question appearing on the voting surface of the device, followed by the voter activating the cast vote indicator.

(a) All electronic voting system equipment shall provide for the use of a device for the voter to enter the name of a write-in candidate where applicable. Except as provided in ARM 44.3.2405, a write-in vote may be counted only if the write-in vote identifies an individual by any of the designations filed pursuant to 13-10-211(1)(a), MCA, and the oval, box, or other designated voting area on the ballot is marked.

(b) If a voter does not mark a candidate, judicial retention choice, or issue choice, the valid votes for other candidates or issues on the same ballot shall be counted.

History

Authorizing statute(s): 13-15-206, MCA
Implementing statute(s): 13-15-206, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2006 MAR p. 2671, Eff. 10/27/06; AMD, 2010 MAR p. 916, Eff. 4/16/10.

Mont. Admin. R. 44.3.2405 Determining a Valid Vote on a Federal Write-in Absentee Ballot

(1) A covered voter voting a federal write-in absentee ballot for a federal general election may designate a candidate by writing in the name of the candidate or by writing in the name of the political party for which the elector is voting. A written designation of the political party must be counted as a vote for the candidate of that party. A vote may not be voided for reasons of misspellings, abbreviations, or other minor variations of the candidate's name.

(2) Except as provided in (2)(a), a covered voter may vote in any election for a public office other than for a federal office by using the addendum provided in the federal write-in absentee ballot.

(a) If the elector is voting in a primary election, the elector shall identify the elector's political party affiliation as provided for in the appropriate section of the ballot. A vote cast by writing in the name of a candidate who is not affiliated with the elector's identified party is void and may not be counted.

History

Authorizing statute(s): 13-21-104, MCA
Implementing statute(s): 13-21-223, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2008 MAR p. 1329, Eff. 6/27/08; AMD, 2013 MAR p. 1700, Eff. 1/1/14.

Mont. Admin. R. 44.3.2406 Applicability to Elections Allowing Votes for More Than One Candidate for a Position

(1) The rules in this subchapter shall be applied consistently with necessary adjustments for elections in which electors may cast votes for more than one candidate for a position.

History

Authorizing statute(s): 13-15-206, MCA
Implementing statute(s): 13-15-206, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04.

Mont. Admin. R. 44.3.2407 Method of Correction of Ballot

(1) If an appointment has been made to replace a candidate, as provided in 13-10-326, 13-10-327, or 13-10-328, MCA, or if a candidate for lieutenant governor has been advanced to the candidacy for governor, as provided in 13-10-328, MCA, after the ballots have been prepared but before the election, the election administrator may:

(a) correct the ballot in a manner consistent with the following:

(i) if the ballot is a paper ballot that is not produced for use with a voting system, follow the procedures in (1)(b) or (c);

(ii) if the ballot is a paper ballot that is produced for use with a voting system, correction of the ballot shall be in accordance with the procedures specified in the instruction manuals, user guides, and technical manuals provided by the manufacturer of the voting system, as well as the election judge handbook provided by the office of the secretary of state, except in cases in which those materials conflict with state laws or rules, in which case the laws or rules shall apply;

(b) have the entire ballot redone; or

History

Authorizing statute(s): 13-12-204, MCA
Implementing statute(s): 13-12-204, MCA
History: NEW, 2006 MAR p. 2671, Eff. 10/27/06; TRANS, from 44.3.1715, 2013 MAR p. 1628, Eff. 9/6/13.)

Mont. Admin. R. 44.3.2408 Ballot Form and Uniformity

(1) The Secretary of State's Office adopts and incorporates by reference the "Ballot Layout Guide" dated July 7, 2026, which county election administrators must follow to ensure uniformity of the ballot form for each type of ballot used in the state as required by 13-12-202, MCA. A copy of the Ballot Layout Guide can be accessed on the Secretary of State's website at sosmt.gov.

History

Authorizing statute(s): 13-1-202, 13-12-202, MCA
Implementing statute(s): 13-1-202, 13-12-202, MCA
History: NEW, 2013 MAR p. 1699, Eff. 9/6/13; AMD, 2024 MAR p. 137, Eff. 1/27/24; AMD, 2024 MAR p. 478, Eff. 3/9/24; AMD, 2025 MAR, Notice No. 2025-251, Eff. 12/20/25; AMD, 2026 MAR, Notice No. 2026-168, Eff. 9/5/26.

Subchapter 44.3.25 Montana Absent Uniformed Services and Overseas Voter Act

Mont. Admin. R. 44.3.2501 Covered Voters

(1) The following rules shall be followed, consistent with the Montana Absent Uniformed Services and Overseas Voter Act, Title 13, chapter 21, MCA, in regard to covered voters:

(a) pursuant to 13-21-223, MCA, there is no limit on the earliest date that a covered voter may request an absentee ballot;

(b) covered voters must be given priority to be sent ballots as soon as they are available, if possible before the deadline for making them available;

(c) in elections for which a voter information pamphlet is required, election administrators must notify covered voters that the voter information pamphlet is available online, which can be accomplished through either:

(i) the absentee instructions; or

(ii) a special insert in materials provided to the absentee elector.

History

Authorizing statute(s): 13-21-104, MCA
Implementing statute(s): 13-21-104, 13-21-223, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2010 MAR p. 1545, Eff. 6/25/10; AMD, 2012 MAR p. 760, Eff. 4/13/12; AMD, 2013 MAR p. 1700, Eff. 1/1/14.

Mont. Admin. R. 44.3.2502 Facsimile Machine Access

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-21-104, MCA
Implementing statute(s): 13-21-207, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04; REP, 2013 MAR p. 1700, Eff. 1/1/14.

Mont. Admin. R. 44.3.2503 Handling of Facsimile Ballots

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-21-104, MCA
Implementing statute(s): 13-21-207, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04; REP, 2013 MAR p. 1700, Eff. 1/1/14.

Mont. Admin. R. 44.3.2504 Ballot Transmission

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-21-104, MCA
Implementing statute(s): 13-21-207, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04; REP, 2013 MAR p. 1700, Eff. 1/1/14.

Mont. Admin. R. 44.3.2505 Receiving Ballots

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-21-104, MCA
Implementing statute(s): 13-21-207, MCA
History: NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2012 MAR p. 760, Eff. 4/13/12; REP, 2013 MAR p. 1700, Eff. 1/1/14.

Mont. Admin. R. 44.3.2506 Ballot Log

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-21-104, MCA
Implementing statute(s): 13-21-104, MCA
History: NEW, 2006 MAR p. 2671, Eff. 10/27/06; REP, 2013 MAR p. 1700, Eff. 1/1/14.

Mont. Admin. R. 44.3.2507 Elector Affirmation

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-21-104, MCA
Implementing statute(s): 13-21-104, MCA
History: NEW, 2006 MAR p. 2671, Eff. 10/27/06; REP, 2013 MAR p. 1700, Eff. 1/1/14.

Mont. Admin. R. 44.3.2508 Ballot Acceptance

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-21-104, MCA
Implementing statute(s): 13-21-104, MCA
History: NEW, 2006 MAR p. 2671, Eff. 10/27/06; REP, 2013 MAR p. 1700, Eff. 1/1/14.

Mont. Admin. R. 44.3.2509 Transcription of Ballots

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-21-104, MCA
Implementing statute(s): 13-21-104, MCA
History: NEW, 2006 MAR p. 2671, Eff. 10/27/06; REP, 2013 MAR p. 1700, Eff. 1/1/14.

Mont. Admin. R. 44.3.2510 Election Judges and Ballot Secrecy

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-21-104, MCA
Implementing statute(s): 13-21-104, MCA
History: NEW, 2006 MAR p. 2671, Eff. 10/27/06; REP, 2013 MAR p. 1700, Eff. 1/1/14.

Mont. Admin. R. 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 following procedures 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) When an election administrator receives a valid request for electronic transmission of a ballot from a covered voter, the election administrator shall, subject to (1), e-mail instructions to the elector on how to access the Secretary of State's electronic transmission system if the system is available for the election, or send a ballot electronically along with instructions to the elector, and a transmittal cover sheet that includes an elector affirmation. The original ballot, as applicable, shall be retained in a secure absentee envelope or container for that purpose.

(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 or container with the original ballot, if applicable, until the ballots are ready to be transcribed. The transmittal cover sheet with affirmation must be retained in a sealed envelope or container separately from the ballot.

(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) No sooner than the time permitted for preparation of ballots pursuant to 13-13-241, MCA, the election administrator shall have the returned ballots transcribed, as applicable, using the procedure prescribed below.

(g) The voted ballot must be transcribed in a manner that ensures that no one transcribing the ballot has access to the name of the elector who voted the ballot.

(i) An electronically transmitted ballot identifying number shall be written on the original transcribed ballot, the electronically transmitted ballot, and in the official transcription log.

(j) The election officials who transcribed the electronically transmitted ballot shall sign the log for each ballot they transcribe.

(k) No one participating in the electronic ballot transmission or transcription process may reveal any information about the elector's identity or the votes on 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

Authorizing statute(s): 13-21-104, MCA
Implementing statute(s): 13-13-241, 13-21-104, MCA
History: 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; AMD, 2015 MAR p. 1286, Eff. 10/1/15; AMD, 2022 MAR p. 1768, Eff. 9/10/22.

Subchapter 44.3.26 Administrative Complaint Procedures

Mont. Admin. R. 44.3.2601 Administrative Complaint Procedures

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-1-202, MCA, Public Law 107-252
Implementing statute(s): 13-1-202, MCA, Public Law 107-252
History: NEW, 2004 MAR p. 93, Eff. 1/16/04; AMD, 2006 MAR p. 2671, Eff. 10/27/06; REP, 2010 MAR p. 1545, Eff. 6/25/10.

Subchapter 44.3.27 Mail Ballot Elections

Mont. Admin. R. 44.3.2701 Initiation of Use in Multicounty District

Publisher status: INEFFECTIVE (not currently effective).

(1) Some special districts authorized to conduct elections using the mail ballot procedure are not confined within the boundary of a single county. When such a district desires to conduct an election by mail ballot, these are the procedures to be followed in initiating such an election.

(2) If the initiative is taken by the applicable governing body, it shall proceed as provided by law, except that the requesting resolution shall be addressed to the election administrator in each affected county.

(3) Each election administrator involved may make their own independent judgment as to whether the mail ballot election will be used for that election in the portion of the district which lies within their county.

(4) Unless each affected election administrator agrees, the mail ballot option may not be used to conduct the election in that district or any portion thereof.

(5) The election administrators may cooperate in the initiation and conduct of an election under the mail ballot procedures in a multicounty district. They shall designate one person as the chief election administrator for the conduct of that single election in that district.

(6) If the initiative for the use of the mail ballot option in a multicounty district is taken by the election administrators, then they shall proceed as provided by law, except that some form of concurrence to both the written plan and the designation of a chief election administrator shall be made by each election administrator involved and accompany the written plan.

History

Authorizing statute(s): 13-19-105, MCA
Implementing statute(s): 13-19-201, MCA
History: NEW, 1985 MAR p. 1020, Eff. 7/26/85; AMD and TRANS, from 44.9.201, 2012 MAR p. 760, Eff. 4/13/12.

Mont. Admin. R. 44.3.2702 Plan Specifications

(1) The plan for the conduct of an election or elections held on the same election day must include:

(a) a statement indicating the type of jurisdiction involved including sufficient information to demonstrate that it is in fact one of the jurisdictions for which the mail ballot option is available;

(b) a description of the type of election to be conducted;

(d) if the jurisdiction is a multicounty district, a listing of the other election administrators involved and a statement designating which one will function as the chief election administrator for that specific election;

(e) if the election is for school district purposes designate who will conduct the election--school district clerk (election administrator) or county election administrator;

(f) if proportional voting is required, a reference to the applicable statute and a complete description of the method to be used to satisfy the statutory requirements for proportional voting;

(g) if voting is permitted by electors who are eligible but otherwise not registered, a description of the eligibility requirements;

(h) the total number of "places of deposit," other than the election office contemplated, if any, together with the address of each and a description of its nature;

(i) a written timetable for the conduct of the election prepared in accordance with the specifications set forth in ARM 44.3.2703;

(j) procedures to ensure that the voter interface devices required in 13-3-208, MCA are available at locations appropriate to provide accessibility for disabled electors;

(k) an indication of how postage will be handled for:

(i) returned as undeliverable (e.g., "return postage guaranteed"); and

(ii) returns (e.g., elector to apply own postage or postage pre-paid, how);

(l) if the election is for school district purposes, a brief narrative of the procedures to be followed from the time the ballots are received from the electors until they are tabulated, including arrangements made for transfer of ballots from/to the school district clerk and the county election administrator for verification of signatures;

(m) a description of the procedures to be used to ensure ballot security at all stages of the process.

(n) sample written instructions shall be consistent with 13-19-205, MCA.

History

Authorizing statute(s): 13-19-105, MCA
Implementing statute(s): 13-19-205, MCA
History: NEW, 1985 MAR p. 1020, Eff. 7/26/85; AMD, 1987 MAR p. 2394, Eff. 12/25/87; AMD, 1990 MAR p. 308, Eff. 2/9/90; AMD, 2010 MAR p. 1319, Eff. 5/28/10; AMD and TRANS, from 44.9.202, 2012 MAR p. 760, Eff. 4/13/12; AMD, 2022 MAR p. 839, Eff. 5/28/22.

Mont. Admin. R. 44.3.2703 Timetable Specifications

(1) The election administrator shall prepare a timetable for the conduct of the mail ballot election. The timetable shall be in data entry form. It may contain additional activities and may be arranged in a different chronological order but otherwise shall be in substantially the following form:

CALENDAR DATE ACTIVITY

______________ Copy of plan to governing body.

______________ Last day for governing body to opt out.

______________ Submission of plan to secretary of state's office.

______________ Publish notice specifying close of registration as provided by 13-2-301, MCA.

______________ Close of registration as provided by 13-2-301, MCA.

______________ Ballots mailed.

______________ Election day.

History

Authorizing statute(s): 13-19-105, MCA
Implementing statute(s): 13-19-205, MCA
History: NEW, 1985 MAR p. 1020, Eff. 7/26/85; AMD, 1987 MAR p. 2394, Eff. 12/25/87; AMD, 1990 MAR p. 308, Eff. 2/9/90; AMD and TRANS, from 44.9.203, 2012 MAR p. 760, Eff. 4/13/12.

Mont. Admin. R. 44.3.2704 Proportional Voting

(1) Some of the special districts authorized to conduct elections using the mail ballot procedure require votes to be cast and/or counted in proportion to property ownership or some factor other than one vote per person. When such is the case, the election administrator shall:

(a) make a determination as to whether the particular proportional voting requirements can be satisfied using the mail ballot procedures; and

(b) if so, include in the written plan the specific methods and procedures which will be used to implement the statutory requirements for proportional voting in that election.

History

Authorizing statute(s): 13-19-105, MCA
Implementing statute(s): 13-19-302, MCA
History: NEW, 1985 MAR p. 1020, Eff. 7/26/85; TRANS, from 44.9.204, 2012 MAR p. 760, Eff. 4/13/12.

Mont. Admin. R. 44.3.2707 Voting by Nonregistered Eligible Electors

(1) Some elections authorized to use the mail ballot procedure do not require an otherwise qualified elector to be registered. Certain provisions must therefore be made to allow any such qualified electors to participate in that election.

(2) When such an individual appears in person or contacts the election administrator by mail, facsimile, or electronic means, and provides materials demonstrating that the individual possesses the qualifications required for voting as provided in 7-13-2212, 7-33-2106, 85-7-1710, and 85-8-305, MCA, or a similar section, the individual must be allowed to vote, by following 13-19-304, MCA, either:

(a) voting in person at that time, provided the ballots are available, and in the manner provided in 13-19-304, MCA; or

(b) completing and signing, or providing the signature of the individual's agent designated pursuant to 13-1-116, MCA, for subsequent signature verification purposes, an absentee request as provided in Title 13, chapter 13, part 2, MCA.

(3) In each case of voting by a nonregistered but otherwise eligible elector, officials shall:

(a) duly note the elector's nonregistered status on the signature envelope, either at the time of voting if in person, or prior to mailing; and

(b) enter the elector's name in the register, on an addendum page provided for that purpose, and include all names so entered in their register reconciliation.

History

Authorizing statute(s): 13-19-105, MCA
Implementing statute(s): 13-19-304, MCA
History: NEW, 1985 MAR p. 1020, Eff. 7/26/85; AMD, 1990 MAR p. 308, Eff. 2/9/90; AMD, 2010 MAR p. 1319, Eff. 5/28/10; AMD and TRANS, from 44.9.303, 2012 MAR p. 760, Eff. 4/13/12.

Mont. Admin. R. 44.3.2710 Disposition of Ballots Returned as Undeliverable

(1) The election administrator follows the procedures in 13-13-245 and 13-19-313, MCA, for mail ballots returned by the post office as undeliverable and files and securely retains said ballots.

(2) Whenever election administrators, election deputies, or election workers are notified by an elector that the elector has not received a ballot, they may:

(a) check the ballots which have been returned as undeliverable;

(b) if the elector's ballot is found there, then deliver it to the elector, either in person or by mail, after the elector updates the elector's address by submitting a new voter registration card or other written update of the elector's address, either in person or by mail; and

(3) Redelivery of a ballot which had been returned as undeliverable is not the same as providing a replacement ballot.

(4) The retention and disposition of undeliverable ballots shall be as provided by law for all election materials.

History

Authorizing statute(s): 13-19-105, MCA
Implementing statute(s): 13-19-313, MCA
History: NEW, 1985 MAR p. 1020, Eff. 7/26/85; AMD, 1990 MAR p. 308, Eff. 2/9/90; AMD and TRANS, from 44.9.306, 2012 MAR p. 760, Eff. 4/13/12; AMD, 2025 MAR, Notice No. 2025-50, Eff. 10/25/25.

Mont. Admin. R. 44.3.2711 Places of Deposit – Election Official Duties

(1) Election officials, as designated in 13-19-307, MCA, shall:

(a) be duly appointed as provided by 13-19-307, MCA;

(b) take and subscribe to the appropriate oath of office;

(d) be duly trained by the election administrator;

(e) be personally available at such place of deposit as specified in 13-19-307, MCA;

(f) permit one poll watcher from each political party to be stationed in a location at each place of deposit during the days and times that the place of deposit is open that is near enough to observe the depositing ballots but does not interfere with those deposits;

(g) under the conditions specified in (f), permit additional poll watchers at the request of a candidate, a group of candidates, or any group having an interest in the election so long as the number of poll watchers at the place of deposit does not interfere with the depositing of ballots;

(h) personally insure that all required procedures are adhered to; and

(i) personally ensure that all ballots and other official materials in their possession are and remain secure at all times.

History

Authorizing statute(s): 13-19-105, MCA
Implementing statute(s): 13-13-120, 13-13-121, 13-19-307, MCA
History: NEW, 1985 MAR p. 1020, Eff. 7/26/85; AMD, 2010 MAR p. 1319, Eff. 5/28/10; AMD and TRANS, from 44.9.307, 2012 MAR p. 760, Eff. 4/13/12; AMD, 2021 MAR p. 1684, Eff. 11/20/21.

Mont. Admin. R. 44.3.2714 Procedures to Secure Ballots

(1) Ballots and related materials must be secure at all times, including during necessary transport times.

(2) The procedures to secure ballots and materials, including during necessary transport times, shall be substantially similar to procedures used to secure ballots in a regular election.

History

Authorizing statute(s): 13-19-105, MCA
Implementing statute(s): 13-19-105, 13-19-307, MCA
History: NEW, 1985 MAR p. 1020, Eff. 7/26/85; AMD, 1990 MAR p. 308, Eff. 2/9/90; AMD and TRANS, from 44.9.310, 2012 MAR p. 760, Eff. 4/13/12.

Mont. Admin. R. 44.3.2715 Records of Ballots Received

(1) The election administrator shall record in a log or in the statewide voter registration system maintained for that purpose the number and source of all ballots received at the processing center including:

(a) the number of ballots received daily from the post office;

(b) the number of ballot packets returned as undeliverable each day;

(d) the number of ballots received from any place of deposit on the day they are transported to the processing center.

History

Authorizing statute(s): 13-19-105, MCA
Implementing statute(s): 13-19-105, MCA
History: NEW, 1985 MAR p. 1020, Eff. 7/26/85; AMD and TRANS, from 44.9.311, 2012 MAR p. 760, Eff. 4/13/12.

Mont. Admin. R. 44.3.2716 Signature Verification Procedures

(1) For the purpose of school district elections conducted by the school district clerk (election administrator) signature verification shall be conducted by the county election administrator. This is accomplished as follows:

(a) arrangements shall be made by the school district clerk (election administrator) for the transport of ballots to and from the county election administrator for signature verification in compliance with ARM 44.3.2714;

(b) unopened signature envelopes shall be counted by the school district clerk (election administrator) placed in transport boxes and the number of signature envelopes recorded on the ballot transport logs which are to be sealed inside the transport boxes;

(c) the county election administrator shall break the seal on the transport boxes and verify signatures on the signature envelopes;

(d) the county election administrator shall record on the transport box logs the number of signatures verified as valid and the number of those not validated. Such numbers must balance with the school district count recorded on the transport logs;

(e) the unvalidated signature envelopes shall be banded together, marked "to be voided and not counted" and placed in the transport boxes with the valid signature envelopes. The transport boxes shall be resealed and returned to the school district clerk (election administrator) for counting or disposition as provided by law;

(f) for a ballot not validated, the school district clerk (election administrator) shall designate it as a provisional ballot, give notice to the elector as provided in 13-19-313, MCA;

(g) cost of verifying signatures shall be charged to the school district at a rate to be agreed upon by the school district clerk (election administrator) and the county election administrator.

(2) The ultimate test in signature verification is whether or not officials are convinced that the individual signing the affidavit is the same as the one whose name appears on the registration card. In making their determination, officials may include consideration of factors like:

(a) whether the capital letters match;

(b) whether letters tail off similarly;

(d) whether the overall appearance is substantially similar; and

(e) whether the relationship of the signature to the signature line is similar.

(3) Signatures are not required to be identical in either form or content. It is sufficient if a substantial similarity exists, so long as officials can determine that the signatures are the same individual. So, the use of a common name abbreviation, or substituting an initial in place of a first or middle name, will not necessarily invalidate the signature.

(4) The official shall check and initial each envelope if so required by administrative procedures, as the signature is verified.

History

Authorizing statute(s): 13-19-105, MCA
Implementing statute(s): 13-19-304, 13-19-312, MCA
History: NEW, 1985 MAR p. 1020, Eff. 7/26/85; AMD, 1987 MAR p. 2394, Eff. 12/25/87; AMD, 1990 MAR p. 308, Eff. 2/9/90; AMD, 2010 MAR p. 1319, Eff. 5/28/10; AMD and TRANS, from 44.9.312, 2012 MAR p. 760, Eff. 4/13/12.

Mont. Admin. R. 44.3.2720 Transmittal Envelope

(1) The transmittal envelope shall be in substantially the same form as prescribed by the secretary of state.

History

Authorizing statute(s): 13-1-202, 13-19-105, MCA
Implementing statute(s): 13-19-105, MCA
History: NEW, 1985 MAR p. 1020, Eff. 7/26/85; AMD, 1998 MAR p. 1285, Eff. 5/15/98; AMD and TRANS, from 44.9.401, 2012 MAR p. 760, Eff. 4/13/12.

Mont. Admin. R. 44.3.2721 Signature Envelope

(1) The signature envelope is used by the elector to mail or return the voted ballot to the proper election administrator and it shall be in substantially the same form as prescribed by the secretary of state.

History

Authorizing statute(s): 13-1-202, 13-19-105, MCA
Implementing statute(s): 13-19-105, MCA
History: NEW, 1985 MAR p. 1020, Eff. 7/26/85; AMD, 1990 MAR p. 308, Eff. 2/9/90; AMD, 1998 MAR p. 1285, Eff. 5/15/98; AMD, 2008 MAR p. 1329, Eff. 6/27/08; AMD, 2010 MAR p. 1319, Eff. 5/28/10; AMD and TRANS, from 44.9.402, 2012 MAR p. 760, Eff. 4/13/12.

Mont. Admin. R. 44.3.2722 Secrecy Envelope

(1) The ballot secrecy envelope shall be of a size to fit within the signature envelope and shall be in substantially the same form as prescribed by the secretary of state. The words "BALLOT SECRECY ENVELOPE" should be printed on the face.

(2) The envelope used as the secrecy envelope should be of sufficient paper weight to conceal the contents.

History

Authorizing statute(s): 13-19-105, MCA
Implementing statute(s): 13-19-105, MCA
History: NEW, 1985 MAR p. 1020, Eff. 7/26/85; AMD, 1990 MAR p. 308, Eff. 2/9/90; AMD and TRANS, from 44.9.403, 2012 MAR p. 760, Eff. 4/13/12.

Mont. Admin. R. 44.3.2723 Instructions to Electors

(1) Instructions, as approved by the secretary of state pursuant to 13-19-205, MCA, shall be included with the ballot, the secrecy envelope, and the signature envelope as part of the packet mailed to the elector. The instructions shall detail the mechanical process which must be followed in order to properly cast the ballot. The instructions shall also:

(a) advise the elector that the election is to be by mail ballot only, that the elector must provide postage, if necessary, and that regular polling places will not open;

(b) list the location where the elector may obtain a replacement ballot if the elector's ballot is not received, or is destroyed, spoiled, or lost;

(d) advise the elector that in order for the elector's ballot to be counted, it must be received in the election administrator's office no later than 8:00 p.m. on the day of the election, except as provided in 13-21-206 and 13-21-207, MCA; and

(e) include the information specified under ARM 44.9.202.

History

Authorizing statute(s): 13-19-105, MCA
Implementing statute(s): 13-19-105, 13-19-205, MCA
History: NEW, 1985 MAR p. 1020, Eff. 7/26/85; AMD, 2010 MAR p. 1319, Eff. 5/28/10; AMD and TRANS, from 44.9.404, 2012 MAR p. 760, Eff. 4/13/12.

Subchapter 44.3.28 Petitions

Mont. Admin. R. 44.3.2801 Registration of Employers of Paid Signature Gatherers

(1) A person who employs a paid signature gatherer shall submit a complete registration form to the Secretary of State's Office prior to collecting signatures on a ballot issue. The registration form is available at sosmt.gov or upon request from the Secretary of State's Office.

(a) A separate registration form is required for each ballot issue.

(b) The registration form must contain contact information for the employer and a list of all persons employed to gather signatures for that ballot issue. If additional persons are employed after the registration form is submitted, an amended form must be submitted.

(2) Any signatures gathered by a paid signature gatherer prior to the registration of their employer and disclosure of their employment to the Secretary of State’s Office shall not be counted.

History

Authorizing statute(s): 13-27-112, MCA
Implementing statute(s): 13-27-112, MCA
History: NEW, 2022 MAR p. 175, Eff. 1/29/22; AMD, 2025 MAR, Notice No. 2025-279, Eff. 10/25/25.

Mont. Admin. R. 44.3.2802 Paid Signature Gatherers Badge Requirements

(1) When a paid signature gatherer, as defined in 13-27-112, MCA, approaches anyone about signing a petition, they must wear a badge.

(a) Format and Size of Badge:

(i) The badge must be at least four inches by three inches in size.

(ii) The words on the badge must be in English.

(iii) The first line must contain the paid signature gatherer’s full first name and last initial. The second line must state “From” followed by the paid signature gatherer’s legal state of residence. The third line must state “Paid Signature Gatherer.”

(b) Font on the Badge:

(i) The words must be visible and easy to read on the front of the badge, in either Helvetica or Arial font.

(ii) The words must be in the largest font size possible to fit within the full space on the badge.

(i) A paid signature gatherer must wear the badge on the outside of all garments, with the badge font lettering facing toward each and every petition signer.

(ii) A paid signature gatherer must not obstruct the visibility of the badge’s contents.

(2) Upon proof that petition sheets were gathered by a paid signature gatherer not wearing a badge containing the proper information or by a paid signature gatherer failing to conform to these rules, the Secretary of State shall not count the applicable signatures.

History

Authorizing statute(s): 13-1-201, MCA
Implementing statute(s): 13-27-112, 13-27-114, 13-27-307, MCA
History: NEW, 2025 MAR, Notice No. 2025-279, Eff. 10/25/25.

Subchapter 44.3.29 Security

Mont. Admin. R. 44.3.2901 Definitions

As used in this subchapter, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Election security" means the process of implementing and maintaining protective measures that preserve the confidentiality, integrity, and availability of the election process. This includes network and information security as well as physical security.

(2) "Endpoint detection and response tool(s)" or "EDR tool(s)" means a software that continually monitors end-user devices to detect and respond to cyber threats.

(3) "Qualified assessor" means a security professional who, at the time of engagement, is certified and in good standing with at least of one of the following security credentials which require passing an exam covering related security subject matter and possessing the required amount of relevant information security work experience (based on certification requirements in effect on December 1, 2023):

(a) Certified in Governance, Risk, and Compliance (CGRC). The requirements to obtain a CGRC credential can be found at https://www.isc2.org ;

(b) Certified Information Security Manager (CISM). The requirements to obtain a CISM credential can be found at https://www.isaca.org ;

(c) Certified Information Systems Auditor (CISA). The requirements to obtain a CISA credential can be found at https://www.isaca.org ;

(d) Certified Information Systems Security Professional (CISSP). The requirements to obtain a CISSP credential can be found at https://www.isc2.org ;

(e) Certified in Risk and Information Systems Control (CRISC). The requirements to obtain a CRISC credential can be found at https://www.isaca.org ;

(f) GIAC Critical Controls Certification (GCCC). The requirements to obtain a GCCC credential can be found at https://www.giac.org ;

(g) GIAC Security Leadership Certification (GSLC). The requirements to obtain a GSLC credential can be found at https://www.giac.org ; or

(h) GIAC Systems and Network Auditor (GSNA). The requirements to obtain a GSNA credential can be found at https://www.giac.org .

History

Authorizing statute(s): 13-1-205, MCA
Implementing statute(s): 13-1-205, MCA
History: NEW, 2022 MAR p. 1089, Eff. 6/25/22; AMD, 2024 MAR p. 285, Eff. 2/10/24.

Mont. Admin. R. 44.3.2902 Annual Security Assessments

(1) Election security practices performed at county election offices shall be annually assessed based on controls derived from one of the following frameworks that detail security best practices for mitigating security risks to an organization:

(a) the National Institute of Standards and Technology's "Framework for Improving Critical Infrastructure Cybersecurity," Version 2.0, published February 26, 2024, found at https://www.nist.gov;

(b) the National Institute of Standards and Technology's Special Publication 800-53 Revision 5 titled "Security and Privacy Controls for Information Systems and Organizations," published December 10, 2020, found at https://www.nist.gov;

(c) the Center for Internet Security's "CIS Critical Security Controls," Version 8, published May 2021, found at https://www.cisecurity.org; or

(d) the Center for Internet Security's "Essential Guide to Election Security," version 1.4.1, published September 29, 2023, found at https://essentialguide.docs.cisecurity.org/.

(2) Assessments shall be performed according to the following schedule:

(a) at least once every three years, the security assessment shall be performed by an independent, third-party, and qualified assessor; and

(b) during all other years, the security assessments may be performed using a self-assessment.

(3) County election administrators shall maintain storage of security assessment results according to the local government records retention schedule.

(4) County election administrators shall provide the results of the third-party assessments to the Secretary of State in January of each calendar year. The results provided to the Secretary of State will include a management description detailing the controls assessed and the effectiveness of each control. The management description shall include the name and qualification of the assessor including their security credential's verification, certification, or identification number.

(5) Security assessments are considered confidential information as defined in 2-6-1002(1), MCA. Security assessment results and supporting security information are prohibited from disclosure to the public.

History

Authorizing statute(s): 13-1-205, MCA
Implementing statute(s): 13-1-205, MCA
History: NEW, 2022 MAR p. 1089, Eff. 6/25/22; AMD, 2024 MAR p. 285, Eff. 2/10/24; AMD, 2025 MAR, Notice No. 2025-256, Eff. 11/22/25.

Mont. Admin. R. 44.3.2903 Annual Security Awareness Training

(1) All county and state elections staff shall complete security awareness training at least once per year.

(2) The security awareness training will be provided by the Secretary of State. The Secretary of State may approve equivalent security awareness training on a case-by-case basis.

(3) The county election administrator shall maintain records of their election staff's completion of the security awareness training in accordance with the local government records retention schedule.

(4) The county election administrator shall provide the Secretary of State with records of their election staff's completion of the security awareness training in January of each calendar year.

History

Authorizing statute(s): 13-1-205, MCA
Implementing statute(s): 13-1-205, MCA
History: NEW, 2022 MAR p. 1089, Eff. 6/25/22; AMD, 2024 MAR p. 285, Eff. 2/10/24.

Mont. Admin. R. 44.3.2904 Physical Security

(1) Any type of component that is used within a voting system as defined in 13-1-101, MCA, shall be physically secured using tamperproof seals and access control to prevent unauthorized tampering or use.

(2) County election administrators shall maintain an inventory and a chain of custody for any type of component that is used within a voting system as defined in 13-1-101, MCA, and any keys, cards, fobs, or other controls used to access election-related equipment or storage locations.

(a) County election administrators shall document chains of custody on forms prescribed by the Secretary of State and located on the Secretary of State website.

(b) The chain of custody shall be documented every time there is a change in custody of the items or a removal of a tamperproof seal.

(3) For each election, county election administrators shall perform a reconciliation comparing the number of ballots printed to the number of issued, voided, or unissued ballots.

(a) Ballot reconciliations shall be completed prior to the start of the county canvass.

(b) Ballot reconciliations shall be maintained according to applicable federal or local government records retention schedules.

(4) Based on security best practices, it is recommended that the room or other areas where ballots are opened, processed, tabulated, or hand-counted be surveilled during the time that such activities are performed.

(a) Surveillance devices should be positioned to view and record all activities related to opening, processing, and tabulating or hand-counting ballots except that the devices must be positioned so that ballot secrecy is maintained.

(b) The storage of surveillance device footage shall be maintained according to applicable federal or local government records retention schedules.

History

Authorizing statute(s): 13-1-205, MCA
Implementing statute(s): 13-1-205, MCA
History: NEW, 2022 MAR p. 1089, Eff. 6/25/22; AMD, 2024 MAR p. 285, Eff. 2/10/24.

Mont. Admin. R. 44.3.2905 Other Election Security Requirements

(1) Any type of component that is used within a voting system as defined in 13-1-101, MCA, shall not be connected to a computer network at any time.

(2) Workstations, desktops, laptops, or other computing devices used by county election departments and connected to a computer network shall have endpoint detection and response (EDR) tools or behavioral-based anti-virus software installed, operating as recommended by the vendor and updated with the latest signatures or other version as required and supported by the vendor.

History

Authorizing statute(s): 13-1-205, MCA
Implementing statute(s): 13-1-205, MCA
History: NEW, 2022 MAR p. 1089, Eff. 6/25/22; AMD, 2024 MAR p. 285, Eff. 2/10/24.

Chapter 44.4 Ethics (repealed)

Subchapter 44.4.1 Introduction and Intent

Mont. Admin. R. 44.4.101 Introduction

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): Sec. 2-2-132(3), MCA
Implementing statute(s): Sec. 2-2-132(1), (2), MCA
History: NEW, 1981 MAR p. 1936, Eff. 1/1/82; REP, 1982 MAR p. 2029, Eff. 11/11/82.

Mont. Admin. R. 44.4.102 Role of the Secretary of State

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): Sec. 2-2-132(3), MCA
Implementing statute(s): Sec. 2-2-132(1), (2), MCA
History: NEW, 1981 MAR p. 1936, Eff. 1/1/82; REP, 1982 MAR p. 2029, Eff. 11/11/82.

Authorizing statute(s): Sec. 2-2-132(3), MCA
Implementing statute(s): Sec. 2-2-132(1), (2), MCA
History: NEW, 1981 MAR p. 1936, Eff. 1/1/82; REP, 1982 MAR p. 2029, Eff. 11/11/82.

Authorizing statute(s): Sec. 2-2-132(3), MCA
Implementing statute(s): Sec. 2-2-132(1), (2), MCA
History: NEW, 1981 MAR p. 1936, Eff. 1/1/82; REP, 1982 MAR p. 2029, Eff. 11/11/82.

Authorizing statute(s): Sec. 2-2-132(3), MCA
Implementing statute(s): Sec. 2-2-132(1), (2), MCA
History: NEW, 1981 MAR p. 1936, Eff. 1/1/82; REP, 1982 MAR p. 2029, Eff. 11/11/82.

Authorizing statute(s): Sec. 2-2-132(3), MCA
Implementing statute(s): Sec. 2-2-132(1), (2), MCA
History: NEW, 1981 MAR p. 1936, Eff. 1/1/82; REP, 1982 MAR p. 2029, Eff. 11/11/82.

Authorizing statute(s): Sec. 2-2-132(3), MCA
Implementing statute(s): Sec. 2-2-132(1), (2), MCA
History: NEW, 1981 MAR p. 1936, Eff. 1/1/82; REP, 1982 MAR p. 2029, Eff. 11/11/82.

Authorizing statute(s): Sec. 2-2-132(3), MCA
Implementing statute(s): Sec. 2-2-132(1), (2), MCA
History: NEW, 1981 MAR p. 1936, Eff. 1/1/82; REP, 1982 MAR p. 2029, Eff. 11/11/82.

Authorizing statute(s): Sec. 2-2-132(3), MCA
Implementing statute(s): Sec. 2-2-132(1), (2), MCA
History: NEW, 1981 MAR p. 1936, Eff. 1/1/82; REP, 1982 MAR p. 2029, Eff. 11/11/82.

Chapter 44.5 Businesses

(ii) nonprofit 20.00

(b) reinstatement:

(i) for profit corporations, the $30.00 filing fee, plus an additional

fee of $35.00 per year for each year of delinquent annual reports

(ii) for nonprofit corporations 10.00

(d) articles of amendment 15.00

(e) restated articles 15.00

(f) articles of merger or conversion 20.00

(g) articles of dissolution no charge

(h) domestic business trust 70.00

(i) articles of revocation of voluntary dissolution 15.00

(2) Foreign filings:

(a) certificate of authority:

(i) profit 70.00

(ii) nonprofit 20.00

(b) amended certificate of authority 15.00

(d) registration of name (per year) 10.00

(e) renewal of name registration (per year) 10.00

(f) foreign business trust 70.00

(3) Both domestic and foreign filings:

(a) name reservation 10.00

(b) transfer/cancellation of reserved name no charge

(d) statement of change of:

(i) registered office no charge

(ii) registered agent no charge

(e) annual report filed prior to or on April 15th 20.00

(f) annual report filed after April 15th 35.00

(g) certificate of existence (domestic) 5.00

(h) certificate of authority (foreign) 5.00

(i) certificate of fact 15.00

(j) any other statement or report 15.00

(4) Documents returned because of deficiencies in the filing will not be assessed a resubmission fee.

History

Authorizing statute(s): 2-15-405, 35-2-1107, 35-7-103, 35-14-122, 35-14-130, MCA
Implementing statute(s): 2-15-405, 35-2-119, 35-2-1003, 35-6-201, 35-14-120, 35-14-122, 35-14-130, MCA
History: NEW, 2001 MAR p. 2472, Eff. 1/1/02; AMD, 2003 MAR p. 2090, Eff. 10/1/03; AMD, 2004 MAR p. 3162, Eff. 12/17/04; AMD, 2005 MAR p. 2705, Eff. 12/23/05; AMD, 2014 MAR p. 856, Eff. 4/25/14; AMD, 2015 MAR p. 2367, Eff. 12/25/15; AMD, 2016 MAR p. 594, Eff. 4/9/16; AMD, 2021 MAR p. 767, Eff. 6/26/21; AMD, 2022 MAR p. 931, Eff. 7/1/22; AMD, 2022 MAR p. 1770, Eff. 9/10/22.

Mont. Admin. R. 44.5.115 Limited Liability Company Fees

(1) Domestic filings:

(a) articles of organization $ 35.00

(b) articles of correction 15.00

(d) restated articles 15.00

(e) articles of merger or conversion 20.00

(f) application for reviver 15.00

(g) articles of termination no charge

(h) reinstatement of involuntarily dissolved limited liability company 35.00

plus an additional fee of $35.00 per year for each year of delinquent

annual reports

(2) Foreign filings:

(a) certificate of authority 70.00

(b) amended certificate of authority 15.00

(d) registration of name (per year) 10.00

(e) renewal of name registration (per year) 10.00

(3) Both domestic and foreign filings:

(a) name reservation 10.00

(b) transfer/cancellation of name reservation no charge

(i) registered office no charge

(ii) registered agent no charge

(d) annual report filed prior to or on April 15th 20.00

(e) annual report filed after April 15th 35.00

(f) any other statement or report 15.00

(g) certificate of existence (domestic) 5.00

(h) certificate of authority (foreign) 5.00

(i) series member added to any series LLC $50/new member

(4) Documents returned because of deficiencies in the filing will not be assessed a resubmission fee.

History

Authorizing statute(s): 2-15-405, MCA
Implementing statute(s): 2-15-405, 35-8-208, 35-8-211, 35-8-212, MCA
History: NEW, 2001 MAR p. 2472, Eff. 1/1/02; AMD, 2004 MAR p. 3162, Eff. 12/17/04; AMD, 2005 MAR p. 2705, Eff. 12/23/05; AMD, 2013 MAR p. 1701, Eff. 10/1/13; AMD, 2014 MAR p. 856, Eff. 4/25/14; AMD, 2015 MAR p. 2367, Eff. 12/25/15; AMD, 2016 MAR p. 594, Eff. 4/9/16; AMD, 2021 MAR p. 767, Eff. 6/26/21; AMD, 2022 MAR p. 931, Eff. 7/1/22; AMD, 2022 MAR p. 1770, Eff. 9/10/22.

Mont. Admin. R. 44.5.116 Limited Liability Partnership Fees

(1) Registration of limited liability partnership $ 10.00

(2) Partnership agreement or statement of partnership authority 20.00

(3) Renewal of registration 20.00

(4) Amendment to registration 20.00

(5) Reservation of name 10.00

(6) Cancellation of registration no charge

(7) Filing of any other statement 15.00

(8) Electronically filed documents returned because of deficiencies in the filing will not be assessed a reprocessing fee.

History

Authorizing statute(s): 2-15-405, 35-10-111, MCA
Implementing statute(s): 2-15-405, 35-10-111, 35-10-720, MCA
History: NEW, 2001 MAR p. 2472, Eff. 1/1/02; AMD, 2003 MAR p. 2090, Eff. 10/1/03; AMD, 2014 MAR p. 856, Eff. 4/25/14; AMD, 2016 MAR p. 594, Eff. 4/9/16; AMD, 2022 MAR p. 931, Eff. 7/1/22.

Mont. Admin. R. 44.5.117 Limited Partnership Fees

(1) Both domestic and foreign filings:

(a) certificate of limited partnership $ 10.00

(b) certificate of renewal of limited partnership 15.00

(d) reservation of limited partnership name 10.00

(e) transfer of name reservation no charge

(f) statement of change of:

(i) registered office no charge

(ii) registered agent no charge

(g) correction or cancellation of limited partnership no charge

(h) any filing not listed above 15.00

(2) Electronically filed documents returned because of deficiencies in the filing will not be assessed a reprocessing fee.

History

Authorizing statute(s): 2-15-405, MCA
Implementing statute(s): 2-15-405, 35-12-521, MCA
History: NEW, 2001 MAR p. 2472, Eff. 1/1/02; AMD, 2014 MAR p. 856, Eff. 4/25/14; AMD, 2016 MAR p. 594, Eff. 4/9/16; AMD, 2022 MAR p. 931, Eff. 7/1/22.

Mont. Admin. R. 44.5.118 Cooperative Associations, Agricultural Associations, Cooperative Agricultural Authority, Rural Cooperative Utilities Fees

(1) Cooperative association:

(a) articles of incorporation $ 20.00

(b) any other articles 10.00

(2) Agricultural association:

(a) articles of incorporation 20.00

(b) any other articles 10.00

(3) Agricultural marketing association:

(a) articles of incorporation 40.00

(b) any other articles 10.00

(4) Rural cooperative utilities:

(a) articles of incorporation 40.00

(b) any other articles 10.00

(5) Electronically filed documents returned because of deficiencies in the filing will not be assessed a reprocessing fee.

History

Authorizing statute(s): 2-15-405, 35-15-210, MCA
Implementing statute(s): 2-15-405, 35-15-201, 35-15-205, 35-15-210, 35-17-205, 35-18-502, MCA
History: NEW, 2001 MAR p. 2472, Eff. 1/1/02; AMD, 2014 MAR p. 856, Eff. 4/25/14; AMD, 2016 MAR p. 594, Eff. 4/9/16; AMD, 2022 MAR p. 931, Eff. 7/1/22.

Mont. Admin. R. 44.5.119 Assumed Business Name Fees

(1) Registration of assumed business name $ 20.00

(2) Partnership agreement or statement of partnership authority 20.00

(3) Renewal of registration 20.00

(4) Amendment to registration 20.00

(5) Reservation of name 10.00

(6) Cancellation of registration no charge

(7) Filing of any other statement 15.00

(8) Documents returned because of deficiencies in the filing will not be assessed a resubmission fee.

History

Authorizing statute(s): 2-15-405, MCA
Implementing statute(s): 2-15-405, 30-13-217, MCA
History: NEW, 2001 MAR p. 2472, Eff. 1/1/02; AMD, 2003 MAR p. 2090, Eff. 10/1/03; AMD, 2014 MAR p. 856, Eff. 4/25/14; AMD, 2016 MAR p. 594, Eff. 4/9/16; AMD, 2022 MAR p. 1770, Eff. 9/10/22.

Mont. Admin. R. 44.5.120 Trademark Fees

(1) Registration of mark $ 20.00, plus $20.00 per each additional class

(2) Renewal of mark 20.00

(3) Assignment of mark 20.00

(4) Change of applicant or registrant name 20.00

(5) Documents returned because of deficiencies in the filing will not be assessed a resubmission fee.

History

Authorizing statute(s): 2-15-405, MCA
Implementing statute(s): 2-15-405, 30-13-311, 30-13-313, 30-13-315, 30-13-320, MCA
History: NEW, 2001 MAR p. 2472, Eff. 1/1/02; AMD, 2014 MAR p. 856, Eff. 4/25/14; AMD, 2015 MAR p. 2099, Eff. 11/26/15; AMD, 2016 MAR p. 594, Eff. 4/9/16; AMD, 2022 MAR p. 1770, Eff. 9/10/22; AMD, 2025 MAR, Notice No. 2025-277, Eff. 10/25/25.

Mont. Admin. R. 44.5.121 Miscellaneous Fees

(1) Certificate of fact $ 15.00

(2) Certified document(s) request per business entity 10.00

(3) 24-hour priority processing 20.00

(4) One-hour expedited processing 100.00

(5) Furnishing any certificate not otherwise provided for 15.00

(6) Resignation of registered agent no charge

(7) Registering a commercial registered agent 150.00

(8) Registering a nonqualified foreign entity 70.00

(9) Copy of all filed trademarks per month 100.00

(10) Miscellaneous business entity reports 80.00

(11) Bulk data for corporation records vary according to data type and number of documents. 2 cents per record

(12) Designation of registered agent for pesticide license 5.00

(13) Amendment of designation of registered agent for pesticide license 5.00

(14) Surety bond, cashier's check, or certificate of deposit 15.00

(15) Amendment of surety bond, cashier's check, or certificate of

deposit 5.00

(16) Business alert (watch list)—online user will be notified when a document or notice is recorded against a business they want to track $50.00 per year

(17) Documents returned because of deficiencies in the filing will not be assessed a resubmission fee.

History

Authorizing statute(s): 2-15-403, 2-15-405, 20-7-604, 30-9A-526, 35-2-1107, 35-7-103, 35-14-122, 35-14-130, 82-1-104, MCA
Implementing statute(s): 2-15-403, 2-15-405, 20-7-604, 30-9A-525, 30-13-320, 35-2-119, 35-2-1003, 35-2-1107, 35-7-103, 35-14-122, 35-14-130, 80-8-210, 82-1-104, MCA
History: NEW, 2002 MAR p. 960, Eff. 1/1/02; AMD, 2003 MAR p. 2090, Eff. 10/1/03; AMD, 2004 MAR p. 3162, Eff. 12/17/04; AMD, 2008 MAR p. 2056, Eff. 10/1/08; AMD, 2009 MAR p. 1687, Eff. 9/25/09; AMD, 2009 MAR p. 2501, Eff. 12/25/09; AMD, 2014 MAR p. 856, Eff. 4/25/14; AMD, 2014 MAR p. 1528, Eff. 7/11/14; AMD, 2014 MAR p. 2660, Eff. 10/24/14; AMD, 2016 MAR p. 519, Eff. 3/19/16; AMD, 2016 MAR p. 594, Eff. 4/9/16; AMD, 2022 MAR p. 1770, Eff. 9/10/22.

Mont. Admin. R. 44.5.122 Manual and Online Search Fees

(1) Principal search: 2.00 per search

(2) Individual name search: 4.00 per search

(3) There is no charge for a member of the legislature or a public officer for any search relative to matters pertaining to the member's office.

History

Authorizing statute(s): 2-15-403, 2-15-404, 2-15-405, MCA
Implementing statute(s): 2-15-403, 2-15-404, 2-15-405, 2-6-1006, MCA
History: NEW, 2014 MAR p. 2660, Eff. 10/24/14; AMD, 2015 MAR p. 1765, Eff. 10/16/15.

Mont. Admin. R. 44.5.131 Distinguishability of Business/Mark Names

(1) The Secretary of State's role with regard to the registration of business/mark names is ministerial. If a business/mark name is distinguishable from another business/mark name, the Secretary of State is required to file it.

(2) Pursuant to Title 30, chapter 13, MCA, and Title 35, chapters 1, 2, 4, 7, 8, 10, 12, 14, and 18, MCA, "distinguish," "distinguishable," "distinguishable on the record," and "distinguishable in the records" means that a registered business/mark name must be sufficiently distinctive from another registered business/mark name so that it does not cause confusion.

(3) The following items make a registered business/mark name distinguishable from another registered business/mark name:

(a) key words are different and do not copy a business/mark name already on record. A "key word" means any word other than articles, prepositions, conjunctions, or business name identifiers as defined in 30-13-201, MCA. For example: "Bill's Carpentry" is distinguishable from "Bill's Builders."

(b) key words are the same, but are in a different order. For example: "Yellowstone Hotel" is distinguishable from "Hotel Yellowstone."

(c) the use of geographic designations. For example: "Helena Auto Painting" is distinguishable from "Boulder Auto Painting."

(d) phonetic similarities or homophones. For example: "Maid in Montana" is distinguishable from "Made in Montana."

(e) abbreviations. For example: "Montana Ave Salon" is distinguishable from "Montana Avenue Salon."

(f) different spellings of proper names. For example: "Jayne's Boutique" is distinguishable from "Jane's Boutique."

(g) unique or improper spelling. For example: "Black Cat Designs" is distinguishable from "Black Kat Designs."

(4) The following conditions do not make a registered business/mark name distinguishable from another registered business/mark name:

(a) the use of punctuation marks. For example: "R/D Construction" and "R D Construction" are not distinguishable.

(b) the use of special characters. Special characters are non-alphabetical and non-numeric characters such as @, #, $, %, &, *, and + that can represent a word. For example: 25 % Better, Inc. and 25 Percent Better, Inc. are not distinguishable.

(d) the use of prepositions, such as “in,” “on,” or “by.” For example: “In the Water” is not distinguishable from “On the Water” or “By the Water.”

(e) the use of business name identifiers or their abbreviations. For example: "ABC Inc.," ''ABC Co.," and "ABC Corp." are not distinguishable.

(f) the substitution of an arabic or roman numeral for a spelled out number. For example: "3 Kings," "III Kings," and "Three Kings" are not distinguishable.

(g) the substitution of a lower case letter for a capital letter. For example: "d" and "D" are not distinguishable.

(h) the use of internet domain suffixes. For example: .com, .org, .gov, and .net are not distinguishable.

(i) contractions. For example: "Do Not Stop, Inc." is not distinguishable from "Don't Stop, Inc."

(j) variations in word endings. For example: "Betsy's Cleaners" is not distinguishable from "Betsy's Cleaning" or “Betsy Cleans,” and "ABC Transport, Inc." is not distinguishable from "ABC Transportation, Co." or “ABC Transported, LLC.”

(k) adding the letter "s" to make a word plural or possessive. For example: "Jay's Market" and "Jays Market" are not distinguishable. This includes irregular plurals. For example: “Canadian Goose” is not distinguishable from “Canadian Geese.”

(l) different spacing. For example: "Cross Roads Ranch" and "Crossroads Ranch" are not distinguishable.

(5) In borderline distinguishability cases, additional factors may be considered, including the business purpose and service location.

(6) The Secretary of State reserves the right to not register business names that are vulgar, grossly offensive, or misleading.

History

Authorizing statute(s): 30-13-202, 35-2-1107, 35-14-401, MCA
Implementing statute(s): 30-13-202, 30-13-310, 35-2-305, 35-2-307, 35-2-826, 35-4-206, 35-7-106, 35-8-103, 35-8-108, 35-10-703, 35-12-505, 35-14-401, 35-18-201, MCA
History: NEW, 2012 MAR p. 513, Eff. 1/13/12; AMD, 2015 MAR p. 2042, Eff. 11/13/15; AMD, 2025 MAR, Notice No. 2025-901, Eff. 10/25/25.

Mont. Admin. R. 44.5.141 Requirements for Filing Trademark Applications, Renewals, and Assignments

(1) The requirements for filing trademark applications are as follows:

(a) submission of the completed application for registration of mark (trademark - service mark) form available at sos.mt.gov or upon request from the secretary of state's office; or

(b) submission of a document that includes all information required on the application for registration of mark (trademark - service mark) form; and

(c) the information provided must include the class or classes that best describe the goods or services selected from the classes of goods and services available at sos.mt.gov or at www.uspto.gov or from the secretary of state's office.

(2) The classes of goods and services used by the Montana secretary of state's office shall conform with the United States patent and trademark office.

(3) The requirements for filing a renewal of a registered trademark are as follows:

(a) submission of the completed application for renewal of mark form available at sos.mt.gov or upon request from the secretary of state's office; or

(b) submission of a document that includes all information required on the application for renewal of mark form; and

(i) the information provided must list a class selected from the classes of goods and services available at sos.mt.gov or at www.uspto.gov or from the secretary of state's office, if the renewal for a trademark is for a trademark registered before July 1, 2003; or

(ii) the information provided must list the same class used to describe the goods or services that was used on the original application if the original application was filed after July 1, 2003.

(4) The requirements for filing an assignment or statement of change of ownership or other instruments related to the mark are as follows:

(a) submission of the completed statement of change of ownership for trademark or service mark form available at sos.mt.gov or upon request from the secretary of state's office; or

(b) submission of a document that includes all information required on the application for renewal of mark form.

History

Authorizing statute(s): Sec. 2-4-201, 30-13-311, and 30-13-331, MCA
Implementing statute(s): Sec. 30-13-311 and 30-13-331, MCA
History: NEW, 2003 MAR p. 1892, Eff. 8/29/03.

Subchapter 44.5.2 Certificates

Mont. Admin. R. 44.5.201 Filing for Certification Authorities

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-20-110, MCA
Implementing statute(s): 2-20-109, MCA
History: NEW, 2004 MAR p. 2415, Eff. 10/8/04; REP, 2012 MAR p. 133, Eff. 1/13/12.

Mont. Admin. R. 44.5.202 Certificate of Existence for Foreign Entities

(1) A certificate of existence for foreign entities must be dated within six months of the receipt of the application by the secretary of state for authority to transact business in this state.

History

Authorizing statute(s): 35-1-1307, MCA
Implementing statute(s): 35-1-1028, 35-2-822, 35-8-1003, MCA
History: NEW, 2012 MAR p. 314, Eff. 2/10/12.

Subchapter 44.5.3 Annual Reports

Mont. Admin. R. 44.5.301 Requirements for Annual Report Online Filing

(1) Annual reports filed through the use of Internet technology are considered to be annual reports filed online.

(2) An annual report may be filed online without the signature of the authorized agent.

(3) Online filing is available 24 hours a day, 7 days a week.

(4) Except for dissolved entities applying for reinstatement, online filing is not available for domestic corporations or domestic limited liability companies after the first business day in December until the first business day in January. Except for revoked entities applying for recertification, online filing is not available for foreign corporations and foreign limited liability companies after the first business day in November until the first business day in January.

(5) Submitters will be notified through the online system when the site is unavailable due to technology problems or system maintenance.

(6) An annual report document that is successfully completed and submitted online will be considered filed upon receipt by the Secretary of State's office. The online technology application will ensure the document is properly completed prior to acceptance. The submitter will be notified by an online message if required fields are not properly completed. A message confirming successful completion and acceptance will appear online when the filing is accepted.

(7) Submitters should retain their acknowledgement message as proof that the online filing was received by the Secretary of State's office. The acknowledgement message will contain a unique filing number, filing date, and time.

(8) The online annual reports will be rejected if information is omitted.

(9) The submitter will be notified through the online site if the electronically filed annual report is rejected. If a filing is later determined to be improper the Secretary of State's office will notify the submitter via phone, fax, or e-mail notification.

(10) The date and time a successfully submitted online filing is considered to be effective is the date and time the document was accepted by the Secretary of State's office.

History

Authorizing statute(s): 2-15-401, 2-15-404, 35-1-1307, 35-1-1308, 35-1-1315, MCA
Implementing statute(s): 2-15-404, 35-1-1104, 35-2-904, 35-8-208, MCA
History: NEW, 2008 MAR p. 2056, Eff. 10/1/08; AMD, 2017 MAR p. 1678, Eff. 9/23/17.

Mont. Admin. R. 44.5.302 Form of Annual Report

(1) An annual report filed pursuant to 35-1-1104, 35-2-904, and 35-8-208, MCA, must be filed online in accordance with ARM 44.5.301.

History

Authorizing statute(s): 2-15-401, 2-15-404, 35-1-1307, 35-1-1308, 35-1-1315, MCA
Implementing statute(s): 2-15-404, 35-1-217, 35-1-1104, 35-2-904, 35-8-208, MCA
History: NEW, 2012 MAR p. 314, Eff. 2/10/12; AMD, 2017 MAR p. 1678, Eff. 9/23/17.

Mont. Admin. R. 44.5.303 Annual Report Fee Waivers

(1) The Secretary of State's Office will waive the fee required by ARM 44.5.114(3)(e) and 44.5.115(3)(d):

(a) for all 2024 annual reports filed between January 1, 2024, and April 15, 2024;

(b) for all 2025 annual reports filed between January 1, 2025, and April 15, 2025;

(d) for all 2027 annual reports filed between January 1, 2027, and April 15, 2027.

History

Authorizing statute(s): 2-15-405, MCA
Implementing statute(s): 2-15-405, MCA
History: NEW, 2023 MAR p. 525, Eff. 6/10/23; AMD, 2024 MAR p. 1888, Eff. 7/27/24; AMD, 2025 MAR, Notice No. 33, Eff. 6/7/25.

Subchapter 44.5.4 Registered Agent Requirements

Mont. Admin. R. 44.5.401 Registered Agent Address Requirements

(1) For any entity required to appoint or maintain a registered agent pursuant to the Model Registered Agents Act under Title 35, chapter 7, MCA, including but not limited to corporations, limited liability companies, partnerships, associations, and nonprofit corporations, the registered office listed in a filing with the Secretary of State must be a physical street address located in Montana.

(a) The physical street address is a specific location where the registered agent is ordinarily present or otherwise available during regular business hours (weekdays, 8:00 a.m. to 5:00 p.m.) to receive service of process, official notices, and other documents required or permitted by law to be delivered to the entity.

(b) The registered office may not be a post office box, private mailbox, commercial mail receiving agency, virtual mailbox service, virtual office, mail-forwarding location, or other mail-only or unattended location.

History

Authorizing statute(s): 2-15-404, MCA
Implementing statute(s): 2-15-404, 35-7-101, 35-7-102, 35-7-103, 35-7-104, 35-7-105, 35-7-106, 35-7-107, 35-14-501, MCA
History: NEW, 2026 MAR, Notice No. 2026-120, Eff. 9/5/26.

Mont. Admin. R. 44.5.402 Commercial Registered Agent Requirements

(1) For purposes of this subchapter, “commercial registered agent” has the meaning provided in 35-7-102, MCA, and includes a person who:

(a) has filed a commercial registered agent listing statement with the Secretary of State pursuant to 35-7-104, MCA; or

(b) at any time serves as the registered agent for 50 or more represented entities whose formation documents or qualifications to transact business are on file with the Secretary of State.

(2) A person who meets the threshold in (1)(b) must file a commercial registered agent listing statement with the Secretary of State within 30 days after the date on which the person first becomes the registered agent for 50 or more represented entities.

(a) A person who, on the effective date of this rule, is serving as the registered agent for 50 or more represented entities and is not listed as a commercial registered agent must file a commercial registered agent listing statement with the Secretary of State within 90 days of the effective date of this rule.

(3) A person who becomes a commercial registered agent must use the address information listed on the commercial agent listing statement. They will no longer be identified or recorded as a noncommercial registered agent. A commercial registered agent may list only one physical address and one mailing address for purposes of providing registered agent services.

(4) Failure to file a commercial registered agent listing statement as required by this rule does not invalidate service of process, notice, or demand properly made on the registered agent but may constitute grounds for administrative action by the Secretary of State as authorized by law.

(5) The Secretary of State may prescribe forms and establish procedures necessary to implement this rule, including electronic filing formats and required information to be included in a commercial registered agent listing statement.

(6) Only commercial registered agents with systems that meet the technical specifications outlined by the Secretary of State can request access to submit automated filings on behalf of represented entities. Requests will be considered based on system capacity, security considerations, or other operational constraints.

History

Authorizing statute(s): 2-15-401, 2-15-404, MCA
Implementing statute(s): 2-15-404, 35-7-101, 35-7-102, 35-7-103, 35-7-104, 35-7-105, 35-7-106, 35-7-107, MCA
History: NEW, 2026 MAR, Notice No. 2026-120, Eff. 10/1/26.

Chapter 44.6 Uniform Commercial Code

Subchapter 44.6.1 Filing Fees and Format

Mont. Admin. R. 44.6.101 Fees for Filing New Uniform Commercial Code Secured Transactions Documents Covering Agricultural Property

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): Sec. 30-9A-525 and 30-9A-526, MCA
Implementing statute(s): Sec. 30-9A-502, MCA
History: NEW, 1985 MAR p. 820, Eff. 6/28/85; REP, 2003 MAR p. 1894, Eff. 8/29/03.

Mont. Admin. R. 44.6.102 Fees for Refiling Existing Uniform Commercial Code Secured Transactions Documents Covering Agricultural Property

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): Sec. 30-9A-525 and 30-9A-526, MCA
Implementing statute(s): Sec. 30-9A-501, MCA
History: NEW, 1985 MAR p. 820, Eff. 6/28/85; REP, 2003 MAR p. 1894, Eff. 8/29/03.

Mont. Admin. R. 44.6.104 Federal Tax Lien Fees

(1) Notice of federal tax lien $ 7.00

(2) Any amendment 5.00

(3) Certificate of release/termination statement no charge

(4) Certificate of federal tax lien from the filing officer 7.00 per name

(5) If a document is rejected because of deficiencies in the filing, a reprocessing fee of 50 percent of the initial filing fee will be assessed each time the document is resubmitted.

(6) Documents filed with insufficient funds will be rejected and when refiled must be accompanied by a dollar amount that satisfies the initial filing fee and includes the 50 percent reprocessing fee.

History

Authorizing statute(s): 2-15-405, 30-9A-526, MCA
Implementing statute(s): 2-15-405, 30-9A-525, 71-3-206, MCA
History: NEW, 1988 MAR p. 828, Eff. 4/29/88; AMD, 1996 MAR p. 3222, Eff. 12/20/96; AMD, 2003 MAR p. 1894, Eff. 8/29/03; AMD, 2010 MAR p. 2232, Eff. 9/24/10; AMD, 2014 MAR p. 856, Eff. 4/25/14.

Mont. Admin. R. 44.6.105 Uniform Commercial Code Fees

(1) Financing statement $ 7.00

(2) Termination statement no charge

(3) Continuation statement 5.00

(4) Assignment 5.00

(5) Statement of partial release 5.00

(6) Statement adding, changing, or deleting collateral 5.00

(7) Statement adding, changing, or deleting debtor information 5.00

(8) Statement adding, changing, or deleting secured party information 5.00

(9) Any other amendment 5.00

(10) Certificate from the filing officer 7.00 per name

(11) Hookup fee for public access to Uniform Commercial Code computer system per month 25.00

(12) Copies of Uniform Commercial Code documents 5.00 per search request form

(13) All filings and fees for will be collected via electronic means, and no hard copies will be provided.

(14) Uniform Commercial Code bulk data is only available through electronic means, $1,000 per month.

(15) Certification of copies, $2.00, unless copies accompany a search certificate, then the certification fee is included in the fee for the search certificate.

History

Authorizing statute(s): 2-15-405, 30-9A-526, MCA
Implementing statute(s): 2-15-405, 30-9A-525, 71-3-125, MCA
History: NEW, 1985 MAR p. 1406, Eff. 10/1/85; AMD, 1987 MAR p. 2163, Eff. 12/1/87; AMD, 1988 MAR p. 828, Eff. 4/29/88; AMD, 1989 MAR p. 1342, Eff. 9/15/89; AMD, 1996 MAR p. 3222, Eff. 12/20/96; AMD, 2003 MAR p. 1894, Eff. 8/29/03; AMD, 2004 MAR p. 3162, Eff. 12/17/04; AMD, 2008 MAR p. 2056, Eff. 10/1/08; AMD, 2010 MAR p. 2232, Eff. 9/24/10; AMD, 2014 MAR p. 2476, Eff. 4/25/14; AMD, 2019 MAR p. 1532, Eff. 9/7/19.

Mont. Admin. R. 44.6.106 Fees for Filing New Uniform Commercial Code Secured Transactions Documents Covering Agricultural Property to Be Paid to Clerks and Recorders

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): Sec. 30-9-403, MCA
Implementing statute(s): Sec. 30-9-403, MCA
History: NEW, 1986 MAR p. 1082, Eff. 6/27/86; REP, 1989 MAR p. 1342, Eff. 9/15/89.

Mont. Admin. R. 44.6.107 Fees for Filing Agricultural Liens

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): Sec. 30-9A-525 and 30-9A-526, MCA
Implementing statute(s): Sec. 30-9A-502 and 71-3-125, MCA
History: NEW, 1987 MAR p. 2393, Eff. 12/1/87; AMD, 1989 MAR p. 1342, Eff. 9/15/89; AMD, 1996 MAR p. 3222, Eff. 12/20/96; REP, 2003 MAR p. 1894, Eff. 8/29/03.

Mont. Admin. R. 44.6.108 Format Requirements for the Filing of Uniform Commercial Code Liens

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 30-9A-526, MCA
Implementing statute(s): 30-9A-102, 30-9A-501, 30-9A-502, MCA
History: NEW, 2003 MAR p. 1894, Eff. 8/29/03; AMD, 2008 MAR p. 2056, Eff. 10/1/08; REP, 2019 MAR p. 1532, Eff. 9/7/19.

Mont. Admin. R. 44.6.109 Format Requirements for Filing an Effective Financing Statement Lien Under the Federal Food Security Act of 1985

(1) All financing statement liens under the Federal Food Security Act of 1985 must be filed electronically via the Secretary of State's Business Services Division website.

(2) The following minimum required information must be included on all effective financing statements or they will be rejected:

(a) crop year, unless every crop of the farm product in question for the duration of the effective financing statement is to be subject to the particular security interest;

(b) specific farm product name (e.g., wheat, barley, hay, cattle, horses, hogs);

(d) name and address of each person (debtor) subjecting the farm product to the security interest;

(e) authorized or otherwise authenticated by the debtor;

(f) social security number or, if other than a natural person, Internal Revenue Service taxpayer identification number of each such person;

(g) further details of the farm product subject to the security interest if needed to distinguish it from other such product owned by the same person or persons, but not subject to the particular security interest;

(h) secured party name and address; and

(i) authorized or otherwise authenticated by the secured party.

(3) An amendment to an effective financing statement is required when a change would render the farm bill master list entry no longer informative as to what is subject to the security interest in question. The submission must be filed online and must include:

(a) an amendment including terminations that must be authorized or otherwise authenticated by the secured party;

(b) an amendment modifying the debtor and/or collateral information that must be authorized or otherwise authenticated by the debtor;

(i) An amendment that is a continuation statement does not require the signature of the debtor.

(d) only one filing number per submission;

(e) only one amendment per submission is permitted;

(f) the name of a debtor currently reflected on the Secretary of State's records for the original filing number being amended; and

(g) the name of a secured party currently reflected on the Secretary of State's records for the original filing number being amended.

History

Authorizing statute(s): 30-9A-526, MCA
Implementing statute(s): 30-9A-501, 30-9A-502, 71-3-125, MCA
History: NEW, 2003 MAR p. 1894, Eff. 8/29/03; AMD, 2008 MAR p. 2056, Eff. 10/1/08; AMD, 2019 MAR p. 1532, Eff. 9/7/19.

Mont. Admin. R. 44.6.110 Definitions and Format Requirements for the Filing of a Title 71 Lien

(1) A Title 71 lien filing includes:

(a) farm laborer's liens;

(b) thresher's liens;

(d) hail insurance liens; and

(e) spraying and dusting liens.

(2) Requirements for filing the notice of a Title 71 lien are as follows:

(a) the names and addresses of the debtor and lienor:

(b) the social security number and/or federal tax ID number for every debtor listed if the lien is to appear on the farm bill master list per 7 U.S.C. § 1631;

(d) a collateral description specific as to the type of crop(s) covered, e.g., wheat, barley, oats (the description of grain or feed will not suffice);

(e) the county where the crop is located;

(f) notation by the Secretary of State of the date of filing; and

(g) signature of the lienor.

History

Authorizing statute(s): 2-15-404, 30-9A-526, MCA
Implementing statute(s): 2-15-401, 2-15-404, 30-9A-502, 71-3-125, MCA
History: NEW, 1987 MAR p. 2163, Eff. 12/1/87; AMD, 1996 MAR p. 3222, Eff. 12/20/96; AMD, 2003 MAR p. 1894, Eff. 8/29/03; AMD, 2015 MAR p. 1764, Eff. 10/16/15.

Mont. Admin. R. 44.6.111 Liens Appearing on the Farm Bill Master List and Fees for Obtaining the Farm Bill Master List

(1) An effective financing statement lien that meets the requirements set forth in ARM 44.6.109 and has been submitted with the appropriate filing fee(s) will appear on the farm bill master list.

(2) The secretary of state shall charge and collect the following fees for providing the farm bill master list:

(a) online access, per month $ 20.00

(b) on paper, per month 20.00

(for any report over 50 pages, the buyer will pay the vendor directly for any third party printing and shipping costs).

History

Authorizing statute(s): 30-9A-526, MCA
Implementing statute(s): 30-9A-525, MCA
History: NEW, 2003 MAR p. 1894, Eff. 8/29/03; AMD, 2010 MAR p. 921, Eff. 4/16/10; AMD, 2013 MAR p. 1119, Eff. 6/21/13.

Mont. Admin. R. 44.6.112 Farm Bill Master List

(1) The farm bill master list is a list of farm product liens filed in the secretary of state's office under the authority of the federal Food Security Act of 1985. Secured parties are protected only to the extent of the interest that is properly identified and filed with the office of the secretary of state. Buyers should refer to the farm bill master list before purchasing farm products to determine if a security interest exists against the product. If a security interest exists against the product being sold, the buyer is responsible for writing the check as follows:

(a) in the seller's name; and

(b) in the lender's name who holds the security interest.

(2) The farm bill master list is published on the 15th day of every month.

(3) The farm bill master list is distributed to registered buyers no later than the 20th of each month.

History

Authorizing statute(s): 30-9A-526, MCA
Implementing statute(s): 30-9A-302, MCA
History: NEW, 2003 MAR p. 1894, Eff. 8/29/03; AMD, 2013 MAR p. 1119, Eff. 6/21/13.

Mont. Admin. R. 44.6.113 Definitions and Requirements for Online Filing

(1) All Uniform Commercial Code (UCC) liens must be filed electronically via the Secretary of State's Business Services Division website.

(2) The following definitions apply for filing UCC liens and amendments online:

(a) "B2B" means business to business filings.

(b) "ePass" is the state of Montana's online access portal.

(d) "Signature" means an electronic signature.

(e) "SOS Enterprise" is the Secretary of State's online information management system.

(f) "Submitter" is a person or entity who, after having been authenticated to SOS Enterprise via ePass, is able to file lien notices or amendments or perform lien searches online.

(3) Fees and payment methods for online filing of UCC liens and the federal farm bill liens and amendments are by credit and/or debit card.

(4) An effective financing statement lien and amendment shall be filed electronically.

(5) Online filing is available 24 hours a day, seven days a week except during predetermined system maintenance and then users will be notified online of maintenance schedule.

(6) Submitters will be notified online if online filing is not available due to technology problems.

(7) The following requirements must be met in order to successfully complete an online lien filing:

(a) the requirements set forth under Title 30, chapter 9A, MCA; or

(b) the requirements set forth under the federal Food Security Act of 1985.

(8) UCC and effective financing statement lien notices or amendments that are successfully completed and submitted online will be considered filed once payment has successfully been completed by the submitter. The structure of the online screens will guide the submitter while ensuring the notice or amendment adheres to all rules, laws, and regulations that govern the document. The submitter is notified if the information entered does not adhere to the requirements that govern lien notices and amendments. A message confirming successful completion and acceptance will appear online when the filing is accepted.

(9) Submitters should print and retain their acknowledgement and the filed document as proof that the online filing was received and recorded by the Secretary of State's office. The acknowledgement will contain a unique filing number, filing date and time, filing type, debtor(s) information, secured party(ies) information, and filing language.

(10) The following online filings will be rejected:

(a) a filing that is not machine readable when submitted via the B2B submission method; or

(b) a filing considered to be improper under 30-9A-420, MCA.

(11) The submitter will be notified if their document is rejected. If a filing is later determined to be improper under 30-9A-420, MCA, the Secretary of State's office will notify the submitter of the rejection.

(12) The date and time a successfully submitted online filing is considered to be effective is the date and time the document was accepted online by the Secretary of State's office.

History

Authorizing statute(s): 2-15-404, 30-9A-526, MCA
Implementing statute(s): 2-15-401, 2-15-404, 30-9A-502, 71-3-125, MCA
History: NEW, 2003 MAR p. 1894, Eff. 8/29/03; AMD, 2013 MAR p. 1119, Eff. 6/21/13; AMD, 2015 MAR p. 1764, Eff. 10/16/15; AMD, 2019 MAR p. 1532, Eff. 9/7/19.

Subchapter 44.6.2 Certified Searches

Mont. Admin. R. 44.6.201 Defining Search Criteria for Uniform Commercial Code Certified Searches

(1) The secretary of state provides information regarding centrally filed uniform commercial code records via requests to office staff and the secretary of state's web site. These certified searches use "standard" search logic as described below.

(2) Searches provided by the secretary of state are "exact name" searches. Only the precise name requested, with very little variation, is searched and certified.

(3) The basic standards for searching individual and entity names are that:

(a) there is no limit to the number of matches that are returned in response to a search request;

(b) no distinction is made between upper and lower case letters;

(d) spaces in any field are disregarded.

(4) Basic standards for searching individual names include:

(a) exact match of surnames and exact match of first names;

(b) middle names become an initial or blank space;

(d) suffixes are ignored.

(5) Basic standards for searching business names include:

(a) an exact match of the name requested;

(b) "the" at the beginning of a name is disregarded;

(i) association;

(ii) assn;

(iii) business trust;

(iv) chartered;

(v) chtd;

(vi) co;

(vii) company;

(viii) co-op;

(ix) cooperative;

(x) corp;

(xi) corporation;

(xii) credit union;

(xiii) cu;

(xiv) fcu;

(xv) federal credit union;

(xvi) federal savings bank;

(xvii) fsb;

(xviii) gp;

(xix) general partnership;

(xx) inc;

(xxi) incorporated;

(xxii) joint stock company;

(xxiii) joint venture;

(xxiv) jsc;

(xxv) jv;

(xxvi) lc;

(xxvii) limited;

(xxviii) limited company;

(xxix) limited liability company;

(xxx) limited liability limited partnership;

(xxxi) limited liability partnership;

(xxxii) limited partnership;

(xxxiii) llc;

(xxxiv) lllp;

(xxxv) llp;

(xxxvi) lp;

(xxxvii) ltd;

(xxxviii) ltd co;

(xxxix) na;

(xl) national association;

(xli) pa;

(xlii) partnership;

(xliii) pc;

(xliv) plc;

(xlv) pllc;

(xlvi) professional association;

(xlvii) professional corporation;

(xlviii) professional limited company;

(xlix) professional limited liability company;

(I) registered limited liability partnership;

(li) rllp;

(lii) sa;

(liii) savings association; and

(liv) trust.

(6) A search of the secretary of state's database will not result in accurate findings if:

(a) first or last names are misspelled;

(b) nonuniversal identifiers are in the name and not included in the search request, such as "a Montana corporation" or "a general partnership";

(c) nicknames or shortened versions of names, i.e., if the debtor's first name is filed as "Robert," the search will not result in finding "Bob"; or

(d) plurals are used in the search but not in original filing.

(7) A search limited to a particular city may not reveal all filings against the debtor searched and the searcher bears the risk of relying on such search.

(8) Only one debtor name is permitted per search request form.

History

Authorizing statute(s): 2-15-404, 30-9A-526, MCA
Implementing statute(s): 30-9A-516, 30-9A-519, 30-9A-522, 30-9A-526, MCA
History: NEW, 2000 MAR p. 2051, Eff. 7/28/00; AMD, 2002 MAR p. 1668, Eff. 6/14/02; AMD, 2008 MAR p. 2056, Eff. 10/1/08; AMD, 2012 MAR p. 134, Eff. 1/13/12.

Mont. Admin. R. 44.6.202 Effective Date and Time

(1) Any lien notice or amendment filed online through the Secretary of State's electronic filing system will receive the effective date and time the same as it was successfully recorded in the UCC database.

History

Authorizing statute(s): 2-15-404, 30-9A-526, MCA
Implementing statute(s): 2-15-401, 2-15-404, 30-9A-519, 71-3-125, MCA
History: NEW, 2002 MAR p. 1668, Eff. 6/14/02; AMD, 2015 MAR p. 1764, Eff. 10/16/15; AMD, 2019 MAR p. 1532, Eff. 9/7/19.

Mont. Admin. R. 44.6.203 Requirements for Filing Ucc Amendments

(1) In addition to the requirements of 30-9A-512, MCA, the initial filing number on file with the Secretary of State must be included and only one filing number per form is permitted.

(2) Multiple amendments may not be submitted on one form.

History

Authorizing statute(s): 2-15-404, 30-9A-526, MCA
Implementing statute(s): 2-15-401, 2-15-404, 30-9A-519, MCA
History: NEW, 2002 MAR p. 1668, Eff. 6/14/02; AMD, 2008 MAR p. 2056, Eff. 10/1/08; AMD, 2015 MAR p. 1764, Eff. 10/16/15.

Subchapter 44.6.3 Search Logic

Mont. Admin. R. 44.6.302 Nonstandard Inquiry

(1) A "nonstandard" search logic is available on-line through the UCC search site. The "nonstandard" search logic results in a broader listing of debtor names being returned. The results from a "nonstandard" inquiry are not certified and should only be used to determine the name of the debtor for liens filed with the Secretary of State's office.

(a) The "nonstandard" search logic will return debtor names that contain the word(s) reflected in the registered user's search criteria.

(b) The basic "nonstandard" search logic is as follows:

(i) corporate identifiers are ignored. Refer to ARM 44.6.201(5) for list of identifiers ignored;

(ii) punctuation is ignored;

(iii) upper and lower case is ignored;

(iv) spaces are not ignored;

(v) an inquiry limited by city may not reveal all lien filings against the name being searched.

History

Authorizing statute(s): 30-9A-526, MCA
Implementing statute(s): 30-9A-102, 30-9A-523, MCA
History: NEW, 2008 MAR p. 2056, Eff. 10/1/08.

Chapter 44.9 Mail Ballot Elections (transferred)

Authorizing statute(s): 13-19-105, MCA
Implementing statute(s): 13-19-102, MCA
History: NEW, 1985 MAR p. 1020, Eff. 7/26/85; AMD, 1990 MAR p. 308, Eff. 2/9/90; REP, 2012 MAR p. 760, Eff. 4/13/12.

Subchapter 44.9.2 Procedure to Initiate Conduct of Election by Mail Ballot

Mont. Admin. R. 44.3.2701 Initiation of Use in Multicounty District

(TRANSFERRED)

History

Authorizing statute(s): 13-19-105, MCA
Implementing statute(s): 13-19-201, MCA
History: NEW, 1985 MAR p. 1020, Eff. 7/26/85; AMD and TRANS, to 44.3.2701, 2012 MAR p. 760, Eff. 4/13/12.

Authorizing statute(s): 13-19-105, MCA
Implementing statute(s): 13-2-222, 13-19-207, MCA
History: NEW, 2008 MAR p. 1329, Eff. 6/27/08; AMD, 2010 MAR p. 1319, Eff. 5/28/10; REP, 2012 MAR p. 760, Eff. 4/13/12.

Subchapter 44.9.4 Specification for Materials Used

Mont. Admin. R. 44.9.405 Register

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-19-105, MCA
Implementing statute(s): 13-19-105, MCA
History: NEW, 1985 MAR p. 1020, Eff. 7/26/85; AMD, 1990 MAR p. 308, Eff. 2/9/90; REP, 2012 MAR p. 760, Eff. 4/13/12.

Chapter 44.10 Commissioner of Political Practices

Subchapter 44.10.3 General Policy and Definitions (TRANSFERRED)

Mont. Admin. R. 44.10.325 Political Committee - Definition

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-1-101(12), MCA
History: NEW, Eff. 1/1/76; AMD, Eff. 5/7/76; AMD, 1977 MAR p. 1240, Eff. 12/25/77; AMD, 1979 MAR p. 652, Eff. 7/1/79; AMD, 2001 MAR p. 2049, Eff. 10/12/01; REP, 2016 MAR p. 28, Eff. 1/9/16.

Mont. Admin. R. 44.10.332 Leadership Political Committees

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-216, MCA
History: NEW, 1995 MAR p. 2048, Eff. 9/28/95; AMD, 2001 MAR p. 2049, Eff. 10/12/01; REP, 2016 MAR p. 28, Eff. 1/9/16.

Subchapter 44.10.4 Campaign Finance Statements and Reports (TRANSFERRED)

Mont. Admin. R. 44.10.411 Incidental Political Committee, Filing Schedule, Reports

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-37-114, 13-37-226(5), MCA
Implementing statute(s): 13-37-226(5), MCA
History: NEW, Eff. 1/1/76; AMD, Eff. 5/7/76; AMD, 1977 MAR p. 1243, Eff. 12/25/77; AMD, 1979 MAR p. 653, Eff. 7/1/79; AMD, 1997 MAR p. 1828, Eff. 10/7/97; AMD, 1999 MAR p. 2287, Eff. 10/8/99; REP, 2016 MAR p. 28, Eff. 1/9/16.

Subchapter 44.10.5 Campaign Treasurer - Records and Reporting (TRANSFERRED)

Mont. Admin. R. 44.10.507 Transfer of Contribution to Campaign Treasurer

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-207, 13-37-229, MCA
History: NEW, Eff. 1/1/76; AMD, 1979 MAR p. 652, Eff. 7/1/79; REP, 2016 MAR p. 28, Eff. 1/9/16.

Mont. Admin. R. 44.10.523 Aggregate Contributions - Definition, Reporting

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-216, 13-37-229, MCA
History: NEW, Eff. 1/1/76; AMD, 1979 MAR p. 652, Eff. 7/1/79; REP, 2016 MAR p. 28, Eff. 1/9/16.

Subchapter 44.10.6 Code of Ethics and Guidelines

Mont. Admin. R. 44.10.601 Overlapping Salaries from Multiple Public Employers

(1) "Public employee" and "public officer" are defined in 2-2-102, MCA. For purposes of this rule, "public employee" does not include an employee in the federal system.

(2) All state public employees, state public officers, and legislators who receive multiple salaries from multiple public employers for overlapping work hours must file a completed multiple public employment disclosure form with the commissioner within 15 business days of the occurrence, contract agreement, or receipt of payment. The multiple public employer disclosure form is available upon request from the commissioner's office.

(3) The multiple public employment disclosure form will contain the following information:

(a) name, address, and telephone number of the state public employee, state public officer, or legislator;

(b) name, address, and telephone number of each public employer;

(d) title(s) or description(s) of each overlapping position;

(e) amount(s) paid by each public employer and method(s) of payment.

(4) If multiple employment is ongoing, a multiple public employment disclosure form must be filed with the commissioner annually, prior to December 15 of the current year. If multiple employment is occasional, a multiple public employment disclosure form must be filed on each occasion.

(5) The commissioner will monitor statutory disclosure requirements and notify any state public employee, state public officer, or legislator who is not in compliance with 2-2-104, MCA, within a reasonable period of time. Noncompliant individuals must correct the infraction and submit supporting documentation to the commissioner within 15 days after their receipt of notification. Saturdays, Sundays, and holidays shall be excluded in the calculation of the 15-day period.

History

Authorizing statute(s): Sec. 13-37-114, MCA
Implementing statute(s): Sec. 2-2-104, MCA
History: NEW, 1996 MAR p. 789, Eff. 3/22/96; AMD, 2001 MAR p. 2049, Eff. 10/12/01.

Mont. Admin. R. 44.10.603 Definitions

The following definitions shall apply throughout this chapter:

(1) "Commissioner" means the commissioner of political practices created under 2-15-411 and 13-37-102, MCA.

(2) "Complainant" means any person who files a complaint with the commissioner under Title 2, chapter 2, MCA.

(3) "Ethics code" means the code of ethics, Title 2, chapter 2, part 1, MCA.

(4) "Hearing examiner" means a hearing examiner appointed by the commissioner.

(5) "Respondent" means any person against whom a complaint is filed with the commissioner.

History

Authorizing statute(s): Sec. 2-2-136, MCA
Implementing statute(s): Sec. 2-2-136, MCA
History: NEW, 1996 MAR p. 922, Eff. 4/5/96; AMD, 2001 MAR p. 2049, Eff. 10/12/01.

Mont. Admin. R. 44.10.604 Complaint, Who May File

(1) A complaint may be filed with the commissioner by any person alleging a violation of the ethics code by a state officer, state employee, or a legislator, so long as the alleged violation against a legislator does not pertain to a legislative act. The complaint must:

(a) be filed with the commissioner either by certified mail or delivered in person;

(b) be filed within two years of the date of the alleged violation of the code. A complaint is considered filed on the date it is received by the commissioner.

History

Authorizing statute(s): Sec. 2-2-136, MCA
Implementing statute(s): Sec. 2-2-136, MCA
History: NEW, 1996 MAR p. 922, Eff. 4/5/96.

Mont. Admin. R. 44.10.605 Filing, Amending Complaints

(1) Complaints shall be in writing and shall be sworn to before a notary public or other person authorized by law to administer oaths.

(2) A complaint may be amended to cure defects or omissions, verify the original claim, swear or affirm that the charge is true, clarify allegations, or allege new, but related matters.

(3) The commissioner shall promptly notify all parties in writing of any amendments.

History

Authorizing statute(s): Sec. 2-2-136, MCA
Implementing statute(s): Sec. 2-2-136, MCA
History: NEW, 1996 MAR p. 922, Eff. 4/5/96; AMD, 2001 MAR p. 2049, Eff. 10/12/01.

Mont. Admin. R. 44.10.607 Complaint Contents

(1) A complaint shall contain the following:

(a) the full name, address, and telephone number, if any, of the person making the complaint (complainant) ;

(b) the full name, address, and telephone number, if any, of the person against whom the complaint is made (respondent) ;

(c) a clear and concise statement of the facts(s) , including pertinent dates(s) constituting the alleged violation(s) of the ethics code;

(d) the specific provision of the ethics code which is alleged to have been violated;

(e) the verified signature of the complainant swearing or affirming that the charge is true.

(2) A complaint may be filed on a form available on request from the commissioner's office.

History

Authorizing statute(s): Sec. 2-2-136, MCA
Implementing statute(s): Sec. 2-2-136, MCA
History: NEW, 1996 MAR p. 922, Eff. 4/5/96; AMD, 2001 MAR p. 2049, Eff. 10/12/01.

Mont. Admin. R. 44.10.608 Withdrawal of a Complaint

(1) Any person who has filed a complaint with the commissioner may request in writing that the complaint be withdrawn. Upon receipt of a written request for withdrawal of the complaint, the commissioner shall dismiss the complaint.

History

Authorizing statute(s): Sec. 2-2-136, MCA
Implementing statute(s): Sec. 2-2-136, MCA
History: NEW, 1996 MAR p. 922, Eff. 4/5/96; AMD, 2001 MAR p. 2049, Eff. 10/12/01.

Mont. Admin. R. 44.10.610 Notice of Filing a Complaint

(1) After a complaint is filed, the commissioner shall promptly furnish the respondent with written notice of the complaint. The notice shall include identification of the person filing the complaint and a copy of the complaint.

History

Authorizing statute(s): Sec. 2-2-136, MCA
Implementing statute(s): Sec. 2-2-136, MCA
History: NEW, 1996 MAR p. 922, Eff. 4/5/96.

Mont. Admin. R. 44.10.612 Confidentiality

(1) The commissioner shall maintain the confidentiality of privacy interests entitled to protection by law.

History

Authorizing statute(s): Sec. 2-2-136, MCA
Implementing statute(s): Sec. 2-2-136, MCA
History: NEW, 1996 MAR p. 922, Eff. 4/5/96; AMD, 2001 MAR p. 2049, Eff. 10/12/01.

Mont. Admin. R. 44.10.613 Informal Contested Case Hearing

(1) After the commissioner has asserted jurisdiction over a complaint, a hearing date will be set by the hearing examiner.

(2) The matter shall proceed in accordance with the Administrative Procedure Act, Title 2, chapter 4, part 6, MCA.

(3) For purposes of these ethics complaint procedures, the commissioner incorporates by reference the attorney general's model rules for contested case hearings, ARM 1.3.212, 1.3.214 (effective 6/12/92) , and 1.3.217 (effective 10/12/79) . Copies of these model rules are available from the Commissioner of Political Practices, 1205 Eighth Avenue, PO Box 202401, Helena, Montana 59620-2401.

History

Authorizing statute(s): Sec. 2-2-136, MCA
Implementing statute(s): Sec. 2-2-136, MCA
History: NEW, 1996 MAR p. 922, Eff. 4/5/96; AMD, 2001 MAR p. 2049, Eff. 10/12/01.

Mont. Admin. R. 44.10.621 Business Disclosure

(1) For purposes of form D-1 Business Disclosure Statement, the term "other business interests" means:

(a) any interest of 10% or greater, the current fair market value of which is $1000 or more, in any business, firm, corporation, partnership, or other business or professional entity or trust; or

(b) a greater than 1% interest, the current fair market value of which is $1000 or more, in any publicly traded company.

(2) Not included within the meaning of "other business interests" and therefore not reportable under 2-2-106, MCA, are interests of the following nature:

(a) ownership of any personal property held in an individual's name and not held for use or sale in a trade or business or for investment purposes, such as personal vehicles or household furnishings;

(b) cash surrender value of any insurance policy or annuity;

(c) bank deposits, including checking or savings accounts or certificates of deposit, if they are not held for use in a trade or business;

(d) securities issued by any government or political subdivision; or

(e) mutual funds.

(3) An ownership interest in real property includes a fee, life estate, joint or common tenancy, leasehold, beneficial interest (through a trust), option to purchase, or mineral or royalty interest, if the current fair market value of the interest is $1000 or more.

(a) It is not necessary to disclose ownership of a personal residence, but each individual is entitled to exclude only one residence.

(b) While valuation of property is not required (it need only be disclosed if its current fair market value exceeds $1000), a description of both the property and the nature of the interest must be included. This may be a general description sufficient to identify the property without recourse to oral testimony. A street address is sufficient unless it is a rural route. The nature of the property must be described; for example, farm, ranch, vacation home, commercial or residential property, raw land held for investment, etc.

(4) The form D-1 Business Disclosure Statement is provided by the Commissioner of Political Practices, PO Box 202401, Helena, MT 59620-2401.

History

Authorizing statute(s): 5-7-111, MCA
Implementing statute(s): 5-7-102, MCA
History: NEW, 1982 MAR p. 1208, Eff. 6/18/82; AMD, 1986 MAR p. 128, Eff. 1/31/86; TRANS & AMD, 1996 MAR p. 2195, Eff. 8/9/96; AMD, 2026 MAR, Notice No. 2025-414, Eff. 1/10/26.

Chapter 44.11 Commissioner of Political Practices

Subchapter 44.11.1 Organizational Rule, Procedural Rule and General Policy

Mont. Admin. R. 44.11.101 Organizational Rule

(1) Organization of the Office of the Commissioner of Political Practices (COPP).

(a) History. The position of the Commissioner of Political Practices (commissioner) was created by the Legislature in 1975.

(b) Administrative Attachment The Office of the Commissioner of Political Practices is attached to the Office of the Secretary of State for the administrative purposes set forth in 2-15-121 and 2-15-411, MCA.

(c) Commissioner. The commissioner is appointed for a term of six years and may be removed pursuant to 13-37-102 and 13-37-105, MCA.

(2) Functions of the commissioner:

(a) The commissioner is to establish clear and consistent requirements for the full disclosure and reporting of the sources and disposition of funds used in Montana elections regarding candidates, political committees, or issues, and in conjunction with the county attorneys, to enforce the election and campaign finance laws as specified in Title 13, chapters 35 and 37, MCA. The powers and duties of the commissioner are provided in Title 13, chapter 37, part 1, MCA.

(b) The commissioner also has enforcement responsibilities related to the Code of Ethics for government officers and employees in Title 2, chapter 2, part 1, MCA.

(c) In addition the commissioner administers and enforces the provisions of the Montana Lobbyist Disclosure Act, Title 5, chapter 7, MCA.

(3) Personnel Roster. Commissioner of Political Practices, P.O. Box 202401, Helena, Montana 59620-2401, http://www.politicalpractices.mt.gov/default.mcpx .

(4) All forms referenced in these rules are available for download on the COPP's web site.

History

Authorizing statute(s): 2-4-201, 13-37-114, MCA
Implementing statute(s): 2-4-201, MCA
History: EMERG, Eff. 1/1/76; AMD, 1979 MAR p. 652, Eff. 7/1/79; AMD, Eff. 6/30/82; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS and AMD, from 44.10.101, 2016 MAR p. 28, Eff. 1/9/16.

Mont. Admin. R. 44.11.102 Advisory Opinions and Selected Incorporation of Certain Attorney General Rules, Regarding Declaratory Rulings and Rulemaking

(1) In cases when a formal declaratory ruling proceeding is requested by a person through the filing of a petition as prescribed in ARM 1.3.226, the commissioner adopts and incorporates by reference the Attorney General's Organizational and Procedural Rules ARM 1.3.227 through 1.3.229 effective August 15, 2008, and are available online from the secretary of state at http://www.mtrules.org/ .

(2) In all other cases, the commissioner will issue "advisory opinions" under the following procedure:

(a) A person desiring an interpretation to determine the applicability of a rule or statute administered by the commissioner to the person's activity or proposed activity may request an advisory opinion. All requests for an advisory opinion shall be in writing and shall contain:

(i) The identity, address, and signature of the person requesting the opinion.

(ii) A complete statement of the facts and circumstances upon which the commissioner is to base an opinion.

(iii) The rule or statute for which the person seeks an opinion.

(iv) The specific question presented for decision by the commissioner.

(b) The commissioner may request a memorandum of authority containing basic research and points of law bearing on the request. The memorandum should include the requesting party's own conclusion on the question presented.

(c) Within a reasonable time after the receipt of a request for an advisory opinion, the commissioner shall consider the request and, based upon the facts presented in the request, prepare an opinion in writing, except as provided in (i). The commissioner may seek public comment prior to issuing an advisory opinion, depending on the particular question presented for an opinion.

(i) The commissioner will not issue an advisory opinion, but will notify the inquirer of the determination, when:

(A) The issue is the subject of pending litigation.

(B) A prior opinion has been rendered that addresses the fact and question presented in a subsequent request.

(D) The issue involves wholly abstract or hypothetical factual situations.

(d) An advisory opinion will be rendered upon the facts submitted in the request and over the signature of the commissioner. A copy of the opinion will be mailed to the inquirer and published in a manner which will provide wide public dissemination. The commissioner will maintain an index of all opinions and will make an opinion available upon request.

(e) An advisory opinion rendered in accordance with this rule is binding between the commissioner and the inquirer on the statement of facts alleged in the written request. An advisory opinion is not subject to judicial review. A person desiring judicial review of an advisory opinion shall file a formal petition for declaratory ruling, pursuant to 2-4-501, MCA, and this rule.

(f) A later advisory opinion or declaratory ruling overrules an earlier advisory opinion or declaratory ruling with which it is necessarily in conflict.

(g) A request for a declaratory ruling or an advisory opinion shall have no effect on the commissioner's investigation of and disposition of a formal complaint on the same issue or a related dispute filed pursuant to ARM 44.11.106.

(3) In cases when the COPP engages in agency rulemaking, the commissioner adopts and incorporates by reference the Attorney General's Organizational and Procedural Rules ARM 1.3.201, 1.3.202, and 1.3.304 through 1.3.313 effective August 15, 2008, and are available online from the secretary of state at http://www.mtrules.org/ .

The December 2015 poll of the Montana Legislature on proposed amendment of 44.10.201 (ARM 44.11.102) ADVISORY OPINIONS AND SELECTED INCORPORATION OF CERTAIN ATTORNEY GENERAL MODEL RULES, IN PART REGARDING DECLARATORY RULINGS AND RULEMAKING in MAR Notice No. 44-2-207 was as follows: 34 Senators voted the proposed rule is consistent with legislative intent; 12 Senators voted the proposed rule is contrary to legislative intent; 65 Representatives voted the proposed rule is consistent with legislative intent; and 19 Representatives voted the proposed rule is contrary to legislative intent.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, Eff. 1/1/76; AMD, Eff. 2/6/76; AMD, 1979 MAR p. 652, Eff. 7/1/79; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS and AMD, from 44.10.201, 2016 MAR p. 28, Eff. 1/9/16.

Mont. Admin. R. 44.11.103 Introduction and Definitions

(1) All statutory references in these rules refer to the Montana Code Annotated, unless otherwise indicated.

(2) Terms used in these rules shall be construed, unless the meaning is clearly apparent from the language or context, or unless such construction is inconsistent with the intent of the law, to mean the following:

(a) election definitions as set forth in Title 13, MCA;

(b) ethics definitions as set forth in Title 2, MCA;

(d) the definitions as set forth in these rules.

(3) "Attribution" is described in 13-35-225, MCA, and is further explained by ARM 44.11.601.

(4) "Ballot Committee" is a political committee specifically organized to support or oppose a ballot issue as defined in 13-1-101, MCA, and further defined in ARM 44.11.202.

(5) "Campaign Account" is as referred to in 13-37-205, MCA, and further defined in ARM 44.11.409.

(6) "Candidate" is as defined in 13-1-101, MCA, and as applied to contribution limits in 13-37-216 and 13-37-218, MCA.

(7) "Commissioner" means the Commissioner of Political Practices as created under 2-15-411 and 13-37-102, MCA.

(8) "Complainant" means any person that files a complaint with the commissioner alleging a violation of the statutes or rules within the commissioner's jurisdiction.

(9) "Contested Primary" is defined in ARM 44.11.222.

(10) "Contribution" is defined in 13-1-101, MCA, and further defined in ARM 44.11.401.

(11) "Coordinated" is defined in 13-1-101, MCA, and further defined in ARM 44.11.602.

(12) "De Minimis" is defined in 13-1-101, MCA, and further defined in ARM 44.11.603.

(13) "Earmarked Contribution" is as defined in ARM 44.11.404.

(14) "Election" is defined in 13-1-101, MCA.

(15) "Election Activity" means any activity that may constitute reportable election activity under Title 13, MCA.

(16) "Election Communication" is defined in 13-1-101, MCA, and further defined in ARM 44.11.604.

(17) "Electioneering" is defined in 13-1-101, MCA, and further defined in ARM 44.11.606.

(18) "Electioneering Communication" is defined in 13-1-101, MCA, and further defined in ARM 44.11.605.

(19) "Ethics Code" means the code of ethics, Title 2, chapter 2, part 1, MCA.

(20) "Expenditure" is defined in 13-1-101, MCA, and further defined in ARM 44.11.501.

(21) "Fair market value" means the retail price of such services, property, or rights in the market from which it ordinarily would have been either purchased by the expendee at the time of its expenditure, or purchased or sold by the contributor at the time of its contribution.

(22) "Immediate Family" as described in 2-2-302, MCA, and further defined in ARM 44.11.608 and 44.11.703.

(23) "Incidental Committee" is defined in 13-1-101, MCA, and further defined in ARM 44.11.202.

(24) "Independent Committee" is defined in 13-1-101, MCA, and further defined in ARM 44.11.202.

(25) "Independent Expenditure" is defined in 13-1-101, MCA.

(26) "In-kind" is defined in ARM 44.11.403, 44.11.503, and 44.11.701.

(27) "Media" includes three subtypes which are subject to all restrictions, definitions, requirements, and limitations on communications found in these rules:

(a) print media includes physical editions of newspapers, magazines, journals, periodicals, newsletters, books, flyers, brochures, posters, direct mail pieces, letters, postcards, billboards, and other similar media;

(b) broadcast media includes television, radio, cable, satellite, and other similar media; and

(c) digital media includes content on the internet, electronic files, including digital versions of print media and broadcast media, and other similar media.

(28) "Periodical publication" is one that publishes at regular daily, weekly, monthly, or quarterly intervals year round.

(29) "Political Committee" is defined in 13-1-101, MCA, and further defined in ARM 44.11.202.

(30) "Political Party Committee" is defined in 13-1-101, MCA, and further defined in ARM 44.11.202.

(31) "Reportable Election Activity" includes but is not limited to accepting a contribution, a contribution in response to an appeal, or a designated contribution, or making an expenditure, a contribution, a coordinated expenditure, an independent expenditure, or an in-kind contribution or expenditure, or making an election communication or electioneering communication.

(32) "Respondent" means any person against whom a complaint is filed with the commissioner.

(33) "Support or Oppose" is defined in 13-1-101, MCA.

The December 2015 poll of the Montana Legislature on proposed amendment of 44.10.301 (ARM 44.11.103) TERMS AND REFERENCES INTRODUCTION AND DEFINITIONS in MAR Notice No. 44-2-207 was as follows: 26 Senators voted the proposed rule is consistent with legislative intent; 20 Senators voted the proposed rule is contrary to legislative intent; 50 Representatives voted the proposed rule is consistent with legislative intent; and 35 Representatives voted the proposed rule is contrary to legislative intent.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-1-101, Title 13, Ch. 35 and 37, 13-37-114 MCA
History: NEW, Eff. 2/6/76; TRANS and AMD, from 44.10.301, 2016 MAR p. 28, Eff. 1/9/16.

Mont. Admin. R. 44.11.104 Construction of Rules

(1) These rules shall be interpreted and applied to permit the commissioner to discharge the statutory functions of the office and to secure a just and speedy determination of all matters before the commissioner.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): Sec. 1, Ch. 480, Laws of 1975
History: NEW, Eff. 1/1/76; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS and AMD, from 44.10.303, 2016 MAR p. 28, Eff. 1/9/16.

Mont. Admin. R. 44.11.105 Practice Regarding Application of Rules

(1) In any matter not specifically addressed by these rules, the commissioner shall exercise discretion so as to execute the purposes of the applicable law, without exceeding the statutory authority identified in ARM 44.11.101.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): Sec. 1, Ch. 480, Laws of 1975
History: NEW, Eff. 1/1/76; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS and AMD, from 44.10.305, 2016 MAR p. 28, Eff. 1/9/16.

Mont. Admin. R. 44.11.106 Complaints of Violations

(1) An individual who believes a violation of a provision of Title 13, chapters 35 or 37, MCA, or a rule or regulation implementing one or more of those statutory provisions has occurred may file a written complaint in person or by mail with the commissioner. A complaint may be filed on a form available from the COPP. Except as provided in this rule, within five business days after receipt of a complaint, the commissioner shall acknowledge its receipt and transmit a copy to the alleged violator.

(2) Whether submitted on the form available from the COPP or otherwise, a complaint shall:

(a) be typewritten or legibly handwritten in ink; and

(b) contain the following information:

(i) the complete name and mailing address of the complainant;

(ii) the complete name and mailing address of the alleged violator, if known or readily discoverable;

(iii) a detailed description of the alleged violation, including citation to each statute and/or rule that is alleged to have been violated;

(iv) any evidentiary material; and

(c) be signed and verified by the oath or affirmation of the complainant, taken before any officer authorized to administer oaths.

(3) Except as provided in (4), upon receipt of a complaint, the commissioner shall investigate the alleged violation. The commissioner shall prepare a written summary of facts and statement of findings, upon completion of the investigation, which shall be sent to the complainant and the alleged violator. Following the issuance of a summary of facts and statement of findings, the commissioner may take other appropriate action.

(4) No investigation shall be required and a complaint may be dismissed if the complaint is frivolous on its face, illegible, too indefinite, does not identify the alleged violator, does not cite the statute or rule that is alleged to have been violated, is unsigned, or is not verified by the oath or affirmation of such person, taken before any officer authorized to administer oaths or affirmations. In addition, no investigation shall be required and may be dismissed if the complaint does not contain sufficient allegations to enable the commissioner to determine that it states a potential violation of a statute or rule within the commissioner's jurisdiction. The commissioner may request additional information from the complainant or the alleged violator prior to making a determination whether to proceed with a full investigation and whether to dismiss a complaint under this rule.

(5) With the exception of any material that the commissioner determines is subject to protection from disclosure based on constitutional or statutory law, a filed complaint and the summary of facts and statement of findings shall be public record.

(6) All documents provided to and all communications with the COPP are public records as provided by 13-37-118 and 13-37-119, MCA. The Montana Constitution Article II, Sections 9 and 10 require the commissioner to balance the public's right to know with an individual's privacy rights on documents that are filed with the COPP office. The COPP has a detailed privacy policy available on the commissioner's web site.

The December 2015 poll of the Montana Legislature on proposed amendment of 44.10.307 (ARM 44.11.106) COMPLAINTS OF VIOLATIONS in MAR Notice No. 44-2-207 was as follows: 27 Senators voted the proposed rule is consistent with legislative intent; 19 Senators voted the proposed rule is contrary to legislative intent; 50 Representatives voted the proposed rule is consistent with legislative intent; and 35 Representatives voted the proposed rule is contrary to legislative intent.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-111, MCA
History: NEW, Eff. 2/6/76; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS and AMD, from 44.10.307, 2016 MAR p. 28, Eff. 1/9/16.

Mont. Admin. R. 44.11.107 Copying of Public Records

(1) The commissioner shall charge an amount authorized by law for providing copies of public records. This charge is the amount necessary to reimburse the office for its actual costs incident to such copying.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-119(1), MCA
History: NEW, Eff. 1/1/76; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS, from 44.10.309, 2016 MAR p. 28, Eff. 1/9/16.

Subchapter 44.11.2 Political Committees and Candidates

Mont. Admin. R. 44.11.201 Statement of Organization - Political Committee, Information Required

(1) A statement of organization required to be filed pursuant to 13-37-201 and 13-37-205, MCA, shall include, but not be limited to:

(a) The complete name and address of a political committee.

(b) The complete names and address of all related or affiliated political committees, and the nature of the relationship or affiliation.

(c) The complete name and address of its campaign treasurer and campaign depository, and the complete name and address of its deputy campaign treasurer and secondary campaign depository, if any.

(d) The complete names, addresses, and titles of its officers, if any.

(e) A statement of whether a committee is incorporated.

(f) The name, office sought, and party affiliation (if any) of each candidate on whom the committee makes a reportable election expenditure, or if a committee is supporting the entire ticket of any party, the name of the party.

(g) Ballot issue or issues concerned, if any, and whether a committee is in favor of or opposes such issue or issues.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-117, 13-37-201, 13-37-202, 13-37-205, MCA
History: NEW, Eff. 1/1/76; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS and AMD, from 44.10.405, 2016 MAR p. 28, Eff. 1/9/16.

Mont. Admin. R. 44.11.202 Political Committee, Definition and Exceptions

(1) A political committee has the meaning as defined in 13-1-101, MCA. A political committee must register with the commissioner at the time and in the manner set out in 13-37-201, MCA, and ARM 44.11.201 and 44.11.302.

(2) Subunits of a main political committee, such as county committees or other divisions, that have authority to receive contributions and make expenditures independent of a parent political committee are separate political committees. Subunits within those entities defined under “person” in these rules that have authority to receive contributions and make expenditures independent of the corporation or other entity are also separate political committees.

(3) A political committee is not formed by the following:

(a) a de minimis activity, as defined in these rules;

(b) an individual making a contribution through his or her joint checking account;

(d) a candidate and his or her campaign treasurer(s) making an expenditure from or accepting a contribution to the candidate's campaign.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-1-101, 13-37-225, 13-37-226, 13-37-229, 13-37-231, 13-37-232, MCA
History: NEW, Eff. 1/1/76; AMD, 1979 MAR p. 652, Eff. 7/1/79; AMD, 1997 MAR p. 1828, Eff. 10/7/97; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS and AMD, from 44.10.327, 2016 MAR p. 28, Eff. 1/9/16; AMD, 2026 MAR, Notice No. 2025-414, Eff. 1/10/26.

Mont. Admin. R. 44.11.203 Primary Purpose

(1) The term "primary purpose" refers to the major, principal, or important goal, function, or reason for existence of a political committee.

(2) The commissioner may determine that the primary purpose of a political committee is to support or oppose candidates or ballot issues based upon any one or more of the following criteria:

(a) allocation and source of budget;

(b) allocation of staff or members' activity;

(c) articles of organization, articles of incorporation, or other official documentation filed with the State of Montana or the committee’s home state;

(d) reportable election activity;

(e) receipt of contributions in response to an appeal or that are designated for a specified candidate, ballot issue, or petition;

(f) coordination with any candidates or political committees;

(g) ordinary business actually conducted; or

(h) the committee’s bylaws.

(3) The COPP's determination of the primary purpose of a political committee shall be based upon a preponderance of the evidence.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-1-101, 13-37-114, 13-37-226, 13-37-232, MCA
History: NEW, 2016 MAR p. 28, Eff. 1/9/16; AMD, 2026 MAR, Notice No. 2025-414, Eff. 1/10/26.

Mont. Admin. R. 44.11.204 Political Committee, Classification

(1) A political committee shall be classified as a ballot issue committee, incidental committee, independent committee, or political party committee as defined in 13-1-101, MCA .

(3) The commissioner may review a political committee’s classification and may reclassify a political committee upon the basis of the statement of organization as defined in these rules. The commissioner shall notify a political committee of any reclassification .

(4) If the commissioner, based upon the information provided on the statement of organization, is unable to determine a political committee’s classification, the commissioner may request additional information regarding the political committee’s primary purpose pursuant to ARM 44.11.203. If additional information is requested, a political committee shall provide the requested information within 10 business days after receipt of the request.

(5) A political committeethat is reclassified, may supply additional information and request reconsideration by the commissioner.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-226, MCA
History: NEW, Eff. 1/1/76; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS and AMD, from ARM 44.10.329, 2016 MAR p. 28, Eff. 1/9/16; AMD, 2026 MAR, Notice No. 2025-414, Eff. 1/10/26.

Mont. Admin. R. 44.11.220 Statement of Candidacy

(1) "Candidate" is defined in 13-1-101, MCA.

(2) A candidate, whether or not the office for which the individual will seek nomination or election is known, shall file certification with the commissioner pursuant to 13-37-201, MCA, within five business days of becoming a candidate as defined by 13-1-101, MCA.

(3) A statement of candidacy shall include:

(a) the complete name, office sought, and party affiliation (if applicable) of the candidate; and

(b) the complete name and address of the candidate's campaign treasurer and campaign depository, and the complete name and address of his or her deputy campaign treasurer and secondary campaign depository, if any.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-1-101, 13-37-201,13-37-202, 13-37-205, MCA
History: NEW, 2016 MAR p. 28, Eff. 1/9/16.

Mont. Admin. R. 44.11.221 Business Interest Disclosure

(1) For purposes of this rule, "state officer" means elected officials, including candidates for statewide or state district offices, state district court candidates, Supreme Court candidates, department directors, or anyone appointed to fill any of these offices, 2-2-106, MCA.

(2) All state officers must file a business disclosure statement, as provided in 2-2-106, MCA.

(a) Each candidate for a statewide election or a state office elected from a district must file a business disclosure statement within five days of the time that the candidate files for office.

(3) For additional rule requirements, see ARM 44.10.621.

History

Authorizing statute(s): 2-2-136, MCA
Implementing statute(s): 2-2-106, MCA
History: NEW, 2016 MAR p. 28, Eff. 1/9/16.

Mont. Admin. R. 44.11.222 Elections to Which Aggregate Contribution Limits Apply

(1) The term "aggregate contributions" means the total of all of the following contributions made by or received from a person for each election in a campaign:

(a) all contributions, as defined in 13-1-101, MCA, and further defined in ARM 44.11.401;

(b) all earmarked contributions, as defined in ARM 44.11.404;

(d) all contributions that are coordinated as defined in 13-1-101, MCA, and further explained in ARM 44.11.501 and 44.11.602.

(2) The term "contested primary," as used in 13-37-216, MCA, means a primary election in which two or more candidates compete for the same nomination.

An election is not contested when, due to the number of candidates, the candidate automatically advances to the general election or position. For example:

(a) in partisan primary elections, if two or more candidates compete for one party's nomination, it is a "contested primary," resulting in two elections to which the contribution limits in 13-37-216, MCA, apply. For the two candidates seeking Party A's nomination in the primary election for a public office, it is a contested primary with respect to Party A's nomination; or

(b) if only one candidate seeks Party B's nomination for the same public office, it is not a contested primary with respect to Party B's nomination, and there is only one election to which the contribution limits in 13-37-216, MCA, apply; or

(c) in judicial and other nonpartisan primary elections, if a nonpartisan candidate automatically advances from the primary election to the general election pursuant to 13-14-117, MCA, it is not a contested primary election; or

(d) when an incumbent judicial officer is the only candidate who files a declaration for nomination in the primary election, and subsequently faces a vote, pursuant to 13-14-212, MCA, for or against retention in the general election, there is no "contested primary," and there is only one election to which the contribution limits in 13-37-216, MCA, apply.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-216, MCA
History: NEW, 1995 MAR p. 2048, Eff. 9/28/95; AMD, 1996 MAR p. 787, Eff. 3/22/96; TRANS and AMD, from ARM 44.10.334, 2016 MAR p. 28, Eff. 1/9/16.

Mont. Admin. R. 44.11.223 Aggregate Contribution Limits for Write-in Candidates

(1) A candidate who is unsuccessful in a contested primary election, but who complies with applicable statutes to qualify as a write-in candidate for the general election, must file a declaration of intent pursuant to 13-10-211, MCA.

(2) The write-in candidate must close his or her primary election account, and follow the procedures to dispose of the funds according to ARM 44.11.701 and 44.11.702.

(3) The write-in candidate shall not use any primary election funds for his or her general write-in election campaign.

(4) The write-in candidate shall file a new statement of candidate and, if required, a business disclosure statement, and comply with the aggregate contribution limits for the general election.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-216, 13-37-218, 13-37-240, MCA
History: NEW, 1996 MAR p. 784, Eff. 3/22/96; TRANS and AMD, from ARM 44.10.337, 2016 MAR p. 28, Eff. 1/9/16.

Mont. Admin. R. 44.11.224 Designation of Contributions for Primary and General Elections

(1) Aggregate contributions for elections in a campaign are limited according to 13-37-216 and 13-37-218, MCA, and as explained by ARM 44.11.222. An "election" in a campaign is either a primary election or a general election.

(2) For purposes of applying aggregate contribution limits per election the following apply:

(a) aggregate contribution limits for each election, as set forth in 13-37-216, MCA, apply to a primary election and to a general election as defined in ARM 44.11.222;

(b) time periods for filing reports of contributions and expenditures are set forth in 13-37-226 and 13-37-228 , MCA. As a general rule, contributions received by a candidate prior to and on the day of a primary election are designated for the primary election and are subject to the aggregate contribution limits for the primary election; however, a candidate in a contested primary may receive contributions designated for the general election during the primary election period (except for in-kind contributions) subject to the contribution limits for the general election;

(c) general election contributions received prior to the day of the primary election must be maintained in a separate account and shall not be used until after the day of the primary election;

(d) all contributions received by a candidate after the day of the primary election are designated as general election contributions and are subject to the aggregate contribution limit for the general election, except that a candidate may continue to receive contributions designated for the primary election subject to the limits after that election only for the purpose of paying primary election debts. General election contributions shall not be used to pay primary election debt;

(e) leftover funds that were designated for the primary election may be used for general election purposes if all primary debt has been paid.

(3) A candidate for the legislature may use the same account in a campaign depository for primary and general election contributions received without being required to segregate those funds if:

(a) the candidate maintains records concerning when a contribution is received, and for which election the contribution is designated for; and

(b) the account balance does not drop below the amount of general election contributions received until after the day of the primary election.

(4) If a candidate receives contributions designated for the general election prior to the primary, and does not proceed to the general election, the candidate must return the contributions to the donors. These funds are not "surplus campaign funds" as defined in ARM 44.11.702.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-205, 13-37-216, MCA
History: NEW, 1996 MAR p. 784, Eff. 3/22/96; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS and AMD, from ARM 44.10.330, 2016 MAR p. 28, Eff. 1/9/16; AMD, 2022 MAR p. 253, Eff. 2/12/22.

Mont. Admin. R. 44.11.225 Limitations on Contributions from Political Party Committees

(1) Political committees formed by "political party organizations," as that phrase is defined in 13-1-101, MCA, are subject to the aggregate contribution limits, which include in-kind contributions and expenditures, established in 13-37-216, MCA. Such committees are "political party committees," and include all county central committees, city central committees, clubs, and other committees, that fit within the definition of "political committee" in 13-1-101, MCA, and were formed by a political party organization.

(2) Candidates shall be responsible for monitoring contributions from political party committees to ensure that the contribution limits are not exceeded.

(3) For the purposes of determining compliance with political party contribution limits established pursuant to 13-37-216, MCA, a "contribution" does not include a coordinated expenditure made solely by a political party committee in the form of provision of personal services by paid staff of the political party that benefit the associational interest of the political party but also constitute reportable election activity benefitting a particular candidate of the same political party.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-216, MCA
History: NEW, 1995 MAR p. 2048, Eff. 9/28/95; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS and AMD, from ARM 44.10.333, 2016 MAR p. 28, Eff. 1/9/16.

Mont. Admin. R. 44.11.226 Limits on Receipts from Political Committees

(1) Senate Bill 224 of the 2021 Legislature repealed contribution limits from political committees to legislative candidates.

History

Authorizing statute(s): 13-37-114, 13-37-218, MCA
Implementing statute(s): 13-37-114, 13-37-216, MCA
History: NEW, 1986 MAR p. 128, Eff. 1/31/86; AMD, 1988 MAR p. 595, Eff. 3/25/88; AMD, 1990 MAR p. 532, Eff. 3/16/90; AMD, 1992 MAR p. 1871, Eff. 8/28/92; AMD, 1995 MAR p. 2048, Eff. 9/28/95; AMD, 1996 MAR p. 787, Eff. 3/22/96; AMD, 1998 MAR p. 186, Eff. 1/16/98; AMD, 1999 MAR p. 2934, Eff. 12/17/99; AMD, 2001 MAR p. 2001, Eff. 10/12/01; AMD, 2005 MAR p. 2094, Eff. 10/28/05; AMD, 2007 MAR p. 1684, Eff. 10/26/07; AMD, 2010 MAR p. 561, Eff. 2/26/10; AMD, 2011 MAR p. 2544, Eff. 11/26/11; AMD, 2013 MAR p. 2320, Eff. 12/13/13; TRANS and AMD, from ARM 44.10.331, 2016 MAR p. 28, Eff. 1/9/16; AMD, 2017 MAR p. 2342, Eff. 12/9/17; AMD, 2019 MAR p. 1645, Eff. 9/21/19; AMD, 2022 MAR p. 253, Eff. 2/12/22.

Mont. Admin. R. 44.11.227 Limitations on Individual and Political Party Contributions to a Candidate

(1) Pursuant to the calculation specified in 13-37-216, MCA, limits on total combined contributions by a political committee, other than a political party committee, or by an individual to candidates are as follows:

(a) candidates filed jointly for governor and lieutenant governor may receive no more than $1,190;

(b) a candidate for other statewide office may receive no more than $830;

(2) Pursuant to the operation specified in 13-37-216, MCA, limits on total combined contributions from political party committees to candidates are as follows:

(a) candidates filed jointly for governor and lieutenant governor may receive no more than $118,700;

(b) a candidate for other statewide offices may receive no more than $89,050;

(d) a candidate for senate may receive no more than $3,550;

(e) a candidate for all other public offices may receive no more than $2,350.

(3) Pursuant to 13-37-216, MCA, all contributions must be included in computing these limitation totals, except the personal services exemption found in ARM 44.11.401.

(4) A candidate may make unlimited contributions to his or her own campaign, but shall report and disclose each contribution and expenditure according to these rules.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-216, MCA
History: NEW, 2008 MAR p. 1034, Eff. 5/23/08; AMD, 2010 MAR p. 560, Eff. 2/26/10; AMD, 2011 MAR p. 2545, Eff. 11/26/11; AMD, 2013 MAR p. 2318, Eff. 12/13/13; TRANS and AMD, from ARM 44.10.338, 2016 MAR p. 28, Eff. 1/9/16; AMD, 2017 MAR p. 2342, Eff. 12/9/17; AMD, 2019 MAR p. 1645, Eff. 9/21/19; AMD, 2022 MAR p. 253, Eff. 2/12/22; AMD, 2023 MAR p. 1758, Eff. 12/9/23; AMD, 2025 MAR, Notice No. 2025-329, Eff. 11/8/25.

Mont. Admin. R. 44.11.240 Consequences for Failure to File Required Statements, Reports, or Disclosures

(1) The commissioner, following inspection of the candidate or committee's required statements, disclosures, or reports or lack thereof, may take actions, including any of the following:

(a) declare the statement, disclosure, or report to be incomplete or inadequate and require the preparation of a new statement, disclosure, or report, as provided in 13-37-121 and 13-37-123, MCA;

(b) require the production of a candidate or committee's campaign records, accounts, books, correspondence, memoranda, bank account statements, or any other information as provided in 13-37-111 and 13-37-123, MCA;

(d) issue an order of noncompliance as provided in 13-37-121, MCA;

(e) provide notice to the Secretary of State or other election administrator that a candidate's name should be withheld from a primary election ballot as provided in 13-37-126, MCA;

(f) provide notice to the Secretary of State or other election administrator that a certificate of nomination or election should be withheld following the general election as provided in 13-37-127, MCA;

(g) issue a finding of sufficient evidence of violation of Montana's Campaign Practice and Finance laws after an investigation authorized by 13-37-111 and 13-37-123, MCA;

(h) initiate a civil or criminal court action to enforce Montana's Campaign Practice and Finance laws as provided by 13-37-128, MCA;

(i) request the District Court to remove an elected official from office, if the official is found by the court to have violated the laws as provided in 13-35-106, MCA;

(j) request that the District Court void an election pursuant to 13-35-107, MCA; or

(k) any other action allowed by statute to carry out the purposes of Montana's 1975 Campaign Finance and Candidate Disclosure Act as provided by sec. 1, Ch. 480, L. 1975.

(2) This rule is not intended to limit the powers of others to enforce the laws of Title 13, chapters 35 and 37, MCA, where allowed by law, nor to encompass all potential legal consequences for actions outside the jurisdiction of the commissioner.

The December 2015 poll of the Montana Legislature on proposed NEW RULE IV (ARM 44.11.240) CONSEQUENCES FOR FAILURE TO FILE REQUIRED STATEMENTS, REPORTS, OR DISCLOSURES in MAR Notice No. 44-2-207 was as follows: 27 Senators voted the proposed rule is consistent with legislative intent; 19 Senators voted the proposed rule is contrary to legislative intent; 50 Representatives voted the proposed rule is consistent with legislative intent; and 35 Representatives voted the proposed rule is contrary to legislative intent.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-35-106, 13-35-107, 13-37-111, 13-37-121, 13-37-123, 13-37-126, 13-37-127, 13-37-128, MCA and Sec. 1, Ch. 480, L. 1975, MCA
History: NEW, 2016 MAR p. 28, Eff. 1/9/16.

Subchapter 44.11.3 Filing

Mont. Admin. R. 44.11.301 Uniform System of Accounts

(1) Each person required to file reports pursuant to Title 13, chapter 37, MCA, and these rules, shall maintain a system of accounts as prescribed and published in manual form by the commissioner. The manual may be obtained without cost and upon request from the commissioner, P.O. Box 202401, Helena, Montana 59620-2401, telephone (406) 444-2942, or online at www.politicalpractices.mt.gov .

(2) The uniform system of accounts provides, on a current basis, the detail and summary information necessary for preparing, directly from the accounting records, the reports required by Title 13, chapter 37, MCA, and these rules.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-117, MCA
History: NEW, Eff. 1/1/76; AMD, Eff. 2/6/76; AMD, 1988 MAR p. 595, Eff. 3/25/88; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS and AMD, from ARM 44.10.501, 2016 MAR p. 28, Eff. 1/9/16.

Mont. Admin. R. 44.11.302 Statements and Reports, Filing

(1) Except as provided in this rule, each statement and report required by Title 13, chapters 35 and 37, MCA, and these rules shall be filed on forms prescribed by the commissioner. The forms may be obtained without cost and upon request from the commissioner, P.O. Box 202401, Helena, Montana 59620-2401, telephone (406) 444-2942. The forms may also be downloaded from the office's web site at http://www.politicalpractices.mt.gov .

(a) Pursuant to 13-37-226, MCA, candidates for a state office filled by a statewide vote of all the electors of Montana, incidental committees, independent committees, and ballot issue committees shall file all reports electronically.

(b) Political party committees that receive a contribution or make an expenditure supporting or opposing a candidate for statewide office or a statewide ballot issue shall file all reports electronically in accordance with the procedure described in this rule.

(i) candidates for the legislature;

(ii) candidates for the public service commission; and

(iii) candidates for district court judge.

(2) As provided by 13-37-226, MCA, electronic filing is mandatory for those candidates listed in (1). Candidates listed in (1)(c) may submit a written request for a waiver from the requirement that reports be filed electronically. Electronic filing is mandatory for committees who are required to file electronically by statute. Committees who are required to file electronically by this rule, may apply for a waiver. The commissioner may provide a waiver if the candidate or committee establishes that they cannot file electronically for reasons such as they do not have reasonable access to the technology necessary to file electronically.

(3) A report is filed "electronically," as provided in 13-37-226, MCA, by providing the required information to the commissioner through the office's web site by using the "Campaign Electronic Reporting System (CERS)" link to electronically input the information. The commissioner's office will make training available for all users of the electronic filing system.

(4) All statements and reports required by Title 13, chapters 35 and 37, MCA, and these rules shall be filed with the commissioner, as specified in 13-37-225, MCA, and this rule.

(a) Except for reports filed electronically as provided in this rule, each statement and report filed shall be a legible copy bearing an original signature of the individual filing the statement or report.

(b) A statement or report is filed if it is submitted electronically or delivered to the commissioner before 5:00 p.m. on the prescribed filing date, or if it is deposited in an established U.S. post office, postage prepaid, no later than 5:00 p.m. three days before the prescribed filing date.

(c) If the candidate or committee faxes in a report and fails to file the original report with the COPP, the candidate or committee thereby acknowledges the signature on the fax has the same force and effect as the original signature on the report or statement.

(d) The commissioner's office shall acknowledge receipt of a delivered statement or report.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-117, 13-37-225, 13-37-226, 13-37-231, MCA
History: NEW, Eff. 1/1/76; AMD, 1977 MAR p. 1241, Eff. 12/25/77; AMD, 1979 MAR p. 652, Eff. 7/l/79; AMD, 2001 MAR p. 2049, Eff. 10/12/01; AMD, 2012 MAR p. 634, Eff. 3/23/12; TRANS and AMD, from ARM 44.10.401, 2016 MAR p. 28, Eff. 1/9/16; AMD, 2017 MAR p. 2342, Eff. 12/9/17.

Mont. Admin. R. 44.11.303 Amendments to Statements and Reports

(1) Amendments correcting a report filed pursuant to 13-37-225 and 13-37-226, MCA, for a previous reporting period shall be filed as soon as possible following the date upon which the person filing the report became aware of the inaccuracy. The correction shall identify the date of the report and schedule containing the information to be corrected and the reason for the correction.

(2) Any material change in information previously submitted in a statement of candidate or statement of organization filed pursuant to 13-37-201 or 13-37-205, MCA, and ARM 44.11.201 and 44.11.220 shall be reported by filing an amended statement with the commissioner within five business days after the change.

(3) Candidates and committees who electronically file with the commissioner using the CERS system may use the "Update or Amend Report" button to immediately submit a correction to a previous report.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-201, 13-37-205, 13-37-225, 13-37-226, 13-37-229, 13-37-232, MCA
History: NEW, Eff. 2/6/76; AMD, 1979 MAR p. 652, Eff. 7/1/79; TRANS and AMD, from ARM 44.10.403, 2016 MAR p. 28, Eff. 1/9/16.

Mont. Admin. R. 44.11.304 Local Candidates and Political Committees Receiving or Expending Less Than $500

(1) If a local candidate or a political committee which is specifically organized to support or oppose a particular local candidate or local issue anticipates receiving contributions in a total amount of less than $500 and anticipates making expenditures in a total amount of less than $500 for all elections in a campaign, the candidate or an officer of the political committee shall file an affidavit of such intent at the same time the statement of candidate or statement of organization is filed as required by 13-37-201 and 13-37-205, MCA.

(2) If a local candidate or an officer of a local political committee files an affidavit pursuant to this rule and subsequently receives contributions in a total amount or makes expenditures in a total amount in excess of $500 for all elections in a campaign, such candidate or officer shall, within five business days of the date when such expenditures or contributions exceed $500, file an initial report disclosing all contributions and expenditures to that date and shall file all future reports required by 13-37-226, MCA.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-226, MCA
History: NEW, Eff. 1/1/76; AMD, 1979 MAR p. 652, Eff. 7/1/79; TRANS and AMD, from ARM 44.10.407, 2016 MAR p. 28, Eff. 1/9/16.

Mont. Admin. R. 44.11.305 Nonresident and Federally Filing Committees, Reports

(1) As used in this rule, "federally filing committee" means any committee that files reports with the federal election commission on a monthly or quarterly basis pursuant to the Federal Election Campaign Act of 1971, as amended.

(a) If a federally filing committee's reports filed with the federal election commission fully disclose the source and disposition of all contributions and expenditures used in elections in Montana, the commissioner shall accept copies of such reports in lieu of the periodic reports prescribed by the Campaign Finances and Practices Act. Such reports need to be filed with the commissioner only for periods in which a federally filing committee receives contributions from Montana sources or makes expenditures in elections in Montana. A copy of a statement of organization (FEC Form 1) shall accompany the first report, and copies of any amendments thereto shall be filed with the commissioner.

(b) This rule does not affect the duty of any such committee under 52 USCS Sec. 30113 to file copies of reports with the Montana Secretary of State.

(c) If a federally filing committee cannot satisfy the requirements set forth in these rules, it shall file reports on the COPP's forms for the periods in which the committee makes expenditures and contributions in elections in Montana. Such reports shall contain the information required by 13-37-229 through 13-37-232, MCA, and these rules.

(d) The individual certifying a report filed in Montana by a federally filing committee need not be a Montana resident.

(2) Committees headquartered outside the state of Montana that are not federally filing committees and that make expenditures and contributions in elections in Montana may satisfy the requirements of the Montana Campaign Practices Act in one of two ways:

(a) if the committee files reports with a state officer in its home state, the commissioner may accept copies of such reports in satisfaction of the requirements of the Montana Campaign Finances and Practices Act if:

(i) the reports fully disclose the source and disposition of all contributions and expenditures used in elections in Montana;

(ii) contribution and expenditure activity relating to Montana elections is not the majority purpose of the committee; and

(iii) all Montana contribution and expenditure activity is reported prior to the election in which the activity pertains.

(b) If a nonresident committee cannot satisfy the requirements set forth in (a), it shall file reports on Montana forms for the periods in which the committee makes expenditures and contributions in elections in Montana. Such reports shall contain the information required by 13-37-229 through 13-37-232, MCA, and these rules.

(3) Nonresident reports need to be filed only for periods in which the nonresident committee makes expenditures and contributions in elections in Montana. A copy of a statement of organization or equivalent statement shall accompany the first such report, and copies of any amendments shall be filed with the commissioner as they occur.

(4) The individual certifying a report filed in Montana by a nonresident committee need not be a Montana resident.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-227, MCA
History: NEW, 1979 MAR p. 655, Eff. 7/1/79; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS and AMD, from ARM 44.10.413, 2016 MAR p. 28, Eff. 1/9/16; AMD, 2026 MAR, Notice No. 2025-414, Eff. 1/10/26.

Mont. Admin. R. 44.11.306 Committee Semiannual and Closing Reports

(1) Except as provided in (2), independent, incidental, ballot issue, and political party committees that are not required to file semiannual reports in March and September shall file a year-end closing report pursuant to 13-37-226, MCA. The closing date of books for the report is December 31 and the report shall be filed with the commissioner no later than January 31.

(a) The report shall cover all contributions received and expenditures made since the closing date of books for the most recently filed report.

(b) The closing date of books for the report shall mark the cutoff date for the purpose of computing aggregate contributions and expenditures, and future reports shall use that date as a beginning point for the purpose of aggregation.

(2) No committee shall be required to file the report required by (1) if the committee was required to file a post-election report pursuant to 13-37-226, MCA, during the second half of a calendar year and no further contributions have been received or expenditures have been made by it between the closing date of books for the post-election report and December 31. The post-election report shall be considered as its closing report and the closing date of books for that report shall be used as the cutoff date for the purpose of aggregating contributions and expenditures for future reports.

(3) A committee that will not participate in future elections and that wishes to end its status as a committee may file a statement of termination with its closing report. Any further activity by a terminated committee will require a new statement of organization.

(4) A committee may file its closing report at any time prior to the date prescribed by statute once it has finished making contributions and expenditures during an election cycle.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-226, 13-37-228, MCA
History: NEW, 1979 MAR p. 655, Eff. 7/1/79; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS and AMD, from ARM 44.10.409, 2016 MAR p. 28, Eff. 1/9/16.

Subchapter 44.11.4 Reporting Contributions

Mont. Admin. R. 44.11.401 Contribution - Definition

(1) For the purposes of Title 13, chapters 35 and 37, MCA, and these rules, the term "contribution" as defined in 13-1-101, MCA, includes:

(a) each contribution as described in 13-37-229 and 13-37-232, MCA;

(b) The purchase of tickets or admissions to, or advertisements in journals or programs for testimonial or fund raising events, including, but not limited to dinners, luncheons, cocktail parties, and rallies held to support or oppose a candidate, issue, or political committee;

(d) an in-kind contribution, as defined in ARM 44.11.403 and 44.11.503; and

(e) a coordinated expenditure, as defined in ARM 44.11.501 and 44.11.602.

(2) For the purposes of determining compliance with political party contribution limits established pursuant to 13-37-216, MCA, a "contribution" does not include a coordinated expenditure made solely by a political party committee in the form of provision of personal services by paid staff of the political party that benefit the associational interest of the political party but also constitute reportable election activity benefitting a particular candidate of the same political party.

(3) For the purposes of determining compliance with contribution reporting required by 13-37-225 through 13-37-232, MCA, any coordinated expenditure not counted toward contribution limits pursuant to (2) must be reported as a contribution and shall be reported based upon the actual cost for such paid staff including, but not limited to, total compensation in the form of any salaries, wages, bonuses, benefits, expense reimbursement, or other supplemental payments, and a pro rata share of any taxes, fees, or assessments paid by the political party committee for each staff person.

(4) Whether or not the candidate has determined the office sought or the political committee has determined what reportable election activity it will participate in at the time the contribution is received has no effect on the responsibility to report the contribution, and any such contribution shall be subject to the limitations of 13-37-219, MCA.

The December 2015 poll of the Montana Legislature on proposed amendment of 44.10.321 (ARM 44.11.401) CONTRIBUTION - DEFINITION in MAR Notice No. 44-2-207 was as follows: 26 Senators voted the proposed rule is consistent with legislative intent; 19 Senators voted the proposed rule is contrary to legislative intent; 49 Representatives voted the proposed rule is consistent with legislative intent; and 36 Representatives voted the proposed rule is contrary to legislative intent.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-1-101, 13-37-219, 13-37-225, 13-37-229, 13-37-232, MCA
History: NEW, Eff. 1/1/76; AMD, Eff. 5/7/76; AMD, 1979 MAR p. 652, Eff. 7/1/79; AMD, 1999 MAR p. 2287, Eff. 10/8/99; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS and AMD, from 44.10.321, 2016 MAR p. 28, Eff. 1/9/16.

Mont. Admin. R. 44.11.402 Contributions, Reporting

(1) A contribution becomes a contribution on the date it is received; or, in the case of an in-kind contribution, on the date the consideration is received by the candidate or political committee.

(2) A contribution received by check drawn on a joint checking account shall be deemed and reported as a contribution from the person signing the check, unless otherwise specified in writing at the time the contribution is received.

(3) In the case of property held jointly by a candidate and another, a contribution therefrom will be presumed to be a contribution from the candidate so long as the property was owned jointly prior to the time that the candidate became a candidate as defined in 13-1-101(5), MCA.

(4) A contribution shall be reported for the reporting period during which it is received.

(5) For the purposes of 13-37-226, MCA, the report required to be filed within two business days shall be filed as follows:

(a) it shall be electronically filed within two business days after the receipt thereof, to the commissioner's office; or

(b) if the candidate or committee faxes in a report and fails to file the original report with the COPP, the candidate or committee thereby acknowledges the signature on the fax has the same force and effect as the original signature on the report or statement.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-226, 13-37-229, 13-37-232 , MCA
History: NEW, Eff. 1/1/76; AMD, Eff. 2/6/76; AMD, 1977 MAR p. 1245, Eff. 12/25/77; AMD, 1979 MAR p. 652, Eff. 7/1/79; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS and AMD, from 44.10.511, 2016 MAR p. 28, Eff. 1/9/16.

Mont. Admin. R. 44.11.403 In-Kind Contribution, Reporting and Valuation

(1) A candidate or political committee shall report an in-kind contribution on the appropriate reporting schedule and shall describe what was received consistent with the reporting requirements specified in ARM 44.11.402.

(2) A candidate who makes personal expenditures benefitting his or her campaign, shall also report and disclose the expenditures as in-kind contributions or loans to the campaign, see ARM 44.11.501.

(3) The total value of the services, property, or rights contributed in-kind shall be deemed to have been consumed in the reporting period in which received.

(4) The value of an in-kind contribution shall be calculated and recorded in writing. The written record is a campaign record as defined by 13-37-208, MCA. The calculation and written record shall show one of the following values for the in-kind contribution:

(a) the actual monetary cost, value or worth of the item of property, right or service contributed at the time of the in-kind contribution;

(b) if there is no actual cost or value as set out in (a), then the reasonable fair market value of the item of property, right or service based on an appropriate comparison made at the time of the in-kind contribution;

(c) in the event that the candidate or ballot committee paid for a portion of the value established by (b), then the difference between the amount paid and the value set by (b); or

(d) in the event that, due to extraordinary circumstances it is not appropriate or possible to determine the value set by (b), then a precise description must be made of the property, right or service received by the candidate or ballot committee.

(5) The value under (4) shall be reported and disclosed as a contribution as defined and required by ARM 44.11.502.

(6) Unpaid childcare provided to a candidate by a member of a candidate's family or an individual known to the candidate does not constitute a contribution, and need not be reported by the candidate.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-208, 13-37-209, 13-37-211, 13-37-220, 13-37-229, MCA
History: NEW, Eff. 1/1/76; AMD, Eff. 2/6/76; AMD, 1977 MAR p. 1246, Eff. 12/25/77; TRANS and AMD, from 44.10.513, 2016 MAR p. 28, Eff. 1/9/16; AMD, 2022 MAR p. 404, Eff. 3/26/22.

Mont. Admin. R. 44.11.404 Earmarked Contribution, Reporting

(1) For the purposes of 13-37-217, 13-37-229, and 13-37-232, MCA, and these rules, an "earmarked contribution" is a contribution made with the express, implied, oral, written, direct, or indirect designation or instruction, that all or part of it be transferred to or expended on behalf of a specified candidate, ballot issue committee, political party committee, independent committee, or petition for nomination. An earmarked contribution is the same as a designated contribution.

(2) A contribution is not earmarked when it is to be used solely at the discretion of the initial recipient.

(3) An earmarked contribution shall be reported as follows:

(a) the intermediary candidate or political committee receiving an earmarked contribution shall report it pursuant to the provisions of ARM 44.11.402 and shall:

(i) report it as an "earmarked contribution"; and

(ii) report the name and address of the candidate or political committee for which the earmarked contribution is ultimately intended; and

(iii) inform the candidate or political committee ultimately receiving the transfer of the earmarked contribution of the full name and mailing address (and occupation and principal place of business, if any) of the original contributor.

(b) the candidate or political committee ultimately receiving an earmarked contribution shall report it pursuant to the provisions of ARM 44.11.402 and shall:

(i) report it as an "earmarked contribution"; and

(ii) report it as a contribution in the name of the original contributor, disclosing the full name, mailing address (and occupation and principal place of business, if any); and

(iii) Report the full name and mailing address of the intermediary candidate or political committee.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-217, 13-37-229, 13-37-232, MCA
History: NEW, Eff. 1/1/76; AMD, Eff. 5/7/76; AMD, 1977 MAR p. 1240, Eff. 12/25/77; TRANS and AMD, from 44.10.519, 2016 MAR p. 28, Eff. 1/9/16.

Mont. Admin. R. 44.11.405 Loans as Contributions, Reporting

(1) Loans to a candidate are subject to the same limits as contributions and are aggregated into a candidate's total contributions pursuant to 13-37-216 and 13-37-218, MCA; except limits do not apply to contributions or a loan made by a candidate to his or her own campaign.

(2) For the purposes of Title 13, chapter 37, MCA, and these rules, a loan shall be reported as follows:

(a) a candidate or political committee shall report a loan on the appropriate reporting schedule and, in addition to the reporting requirements specified in ARM 44.11.402, shall identify it as to its purpose.

(i) The terms and conditions of all loans, including an oral agreement to lend money, shall be reduced to writing and the terms and conditions of the loan included in the documents to be retained and made available for inspection.

(ii) Any loan agreement must be signed by the candidate or political committee and the person or entity making the loan at the time the loan is made, or, if the initial agreement is an oral agreement, within five business days thereafter.

(iii) A written loan agreement must be signed prior to any transfer of funds.

(b) A loan made to a candidate or political committee by a person, other than in the regular course of the lender's business, shall be deemed a contribution by that person.

(c) A loan made to a candidate or political committee by any person in the regular course of the lender's business shall be deemed a contribution by the obligor on the loan and by any other person endorsing the loan.

(3) A loan made to a candidate or political committee that is not repaid by the candidate or committee, including the forgiveness of any loan, becomes an in-kind contribution to the candidate or committee, see ARM 44.11.501.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-111, 13-37-217, 13-37-229, 13-37-231, MCA
History: NEW, Eff. 1/1/76; TRANS and AMD, from 44.10.515, 2016 MAR p. 28, Eff. 1/9/16.

Mont. Admin. R. 44.11.406 Mass Collections at Fundraising Events, Reporting

(1) For the purposes of 13-37-229, MCA:

(a) "Mass collections" made at a fund-raising event include the proceeds received from passing the hat or from the sale of items such as campaign pins, flags, emblems, hats, banners, raffle tickets, auction items, refreshments, baked goods, admission tickets and similar items sold at a dinner, rally, auction, dance, bake sale, rummage sale or similar fund-raising event, provided that mass collections do not include the proceeds of purchases of $50 or more for any candidate or political committee.

(b) "Itemized account of proceeds" means the date and approximate number of individuals in attendance at a fund-raising event, a description of the method utilized to gain the proceeds of a mass collection (i.e.; passing the hat, sale of raffle tickets, auction items, etc.) and the total amount received from each method utilized.

(2) For purposes of preparing the statement of deposit required by 13-37-207(2), MCA, a record identifying the name of and amount received from each person must be maintained for a purchase of $50 or more at an event for any candidate or political committee. The proceeds of purchases of less than $50 may be recorded and deposited in lump sum without identifying the name of the contributor.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-207, 13-37-229, MCA
History: NEW, Eff. 1/1/76; AMD, 1979 MAR p. 653, Eff. 7/1/79; AMD, 1988 MAR p. 595, Eff. 3/25/88; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS and AMD, from 44.10.521, 2016 MAR p. 28, Eff. 1/9/16; AMD, 2022 MAR p. 253, Eff. 2/12/22.

Mont. Admin. R. 44.11.407 Cash Contribution, Receipt

(1) No candidate or political committee shall receive a cash contribution in excess of $25 unless the candidate or political committee prepares a receipt. Such receipt shall contain the following information:

(a) The full name and mailing address (occupation and principal place of business, if any) of the contributor.

(b) The date the contribution was received.

(d) The exact amount of the contribution.

(2) The receipt is to be kept as a part of the treasurer's records as specified in 13-37-207, MCA.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-207, MCA
History: NEW, Eff. 1/1/76; TRANS, from 44.10.505, 2016 MAR p. 28, Eff. 1/9/16.

Mont. Admin. R. 44.11.408 Electronic Contributions, Reporting

(1) A candidate or political committee may accept electronic contributions from online payment service providers and payment gateways as contributions.

(a) A contribution made through a payment gateway, such as Bitcoin or other electronic peer-to-peer systems, shall be converted to U.S. dollars at the prevailing rate within twenty-four hours of receipt.

(b) A contribution made through an online service provider, such as Paypal or Google Wallet, shall be deposited in the campaign account.

(c) Any electronic contribution shall be deposited in the designated campaign account within five business days of actual receipt or conversion.

(2) All electronic contributions shall be reported according to the requirements for contributions set out in these rules.

(a) An electronic contribution shall be reported as received on the day the electronic contribution is made to the online service provider or payment gateway, regardless of whether the contribution has actually been received.

(b) The full value of the contribution shall be reported as received from the contributor, not the amount as received from the service.

(c) Each service charge or conversion fee incurred or discounted by the payment service provider shall be reported as a campaign expenditure in accordance with these rules.

(d) When receiving a payment by credit card:

(i) the candidate shall report the service charge as a campaign expenditure.

(ii) a committee shall report the service charge as a campaign expenditure if paid from the campaign account; or

(iii) as an in-kind contribution received from the committee's associated organization.

(3) Anonymous contributions shall never be accepted.

(4) If the electronic contribution amount exceeds the candidate contribution limit, the contributor must be issued a refund for the excess funds via check or through an online payment system from the campaign account. If it is not possible to return only a portion of the funds, the entire contribution must be returned.

(5) All candidates and political committees that receive electronic contributions are subject to the same limits, prohibitions, reporting, and disclosure requirements as monetary contributions, as outlined in these rules.

The December 2015 poll of the Montana Legislature on proposed NEW RULE V (ARM 44.11.408) ELECTRONIC CONTRIBUTIONS, REPORTING in MAR Notice No. 44-2-207 was as follows: 26 Senators voted the proposed rule is consistent with legislative intent; 20 Senators voted the proposed rule is contrary to legislative intent; 50 Representatives voted the proposed rule is consistent with legislative intent; and 35 Representatives voted the proposed rule is contrary to legislative intent.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-207, 13-37-229, 13-37-232, MCA
History: NEW, 2016 MAR p. 28, Eff. 1/9/16.

Mont. Admin. R. 44.11.409 Monetary Deposits and Expenditures, Only Through Depository

(1) Any candidate or agent of any candidate or political committee who receives a contribution on behalf of a candidate or political committee shall, before the end of the fifth business day, transfer it to the campaign treasurer with full disclosure of the source, as required by 13-37-229 and 13-37-232, MCA, and ARM 44.11.404 and 44.11.407.

(2) All funds received by the campaign treasurer shall be deposited as specified in 13-37-207, MCA, except that funds received prior to and on the fifth day before the date of filing of any report shall be deposited and reported on that report.

(3) All expenditures shall be made by check drawn on the designated depository.

(4) All expenditures shall be drawn on the designated campaign depository by check, debit card, wire transfer, or other electronic means that clearly identifies the person receiving the payment, and no check or other withdrawal shall be drawn payable to the order of cash.

(5) All records shall be kept current and available for inspection as provided in 13-37-111, 13-37-208, and 13-37-209, MCA.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-111, 13-37-205, 13-37-207, 13-37-208, 13-37-209, 13-37-226, 13-37-229, 13-37-231, 13-37-232, MCA
History: NEW, Eff. 1/1/76; TRANS and AMD, from 44.10.503, 2016 MAR p. 28, Eff. 1/9/16; AMD, 2022 MAR p. 253, Eff. 2/12/22.

Mont. Admin. R. 44.11.410 Limited Liability Company and Partnership Contributions to Candidates - Limitations and Reporting

(1) For the purposes of this rule, “candidate” and “contribution” have the meaning as defined in 13-1-101, MCA.

(2) Any contribution received by a candidate from a limited liability company or partnership shall be reported using the name of the individual member or partner making the contribution. A contribution made by more than one member or partner shall be reported as a contribution from each individual member or partner in proportion to that member’s or partner’s percentage of ownership or other percentage agreed upon by the members. It is not necessary to report the name of the limited liability company or partnership.

(3) An individual making a contribution through a limited liability company or partnership is subject to the individual contribution limits established in 13-37-216(1), MCA, and ARM 44.11.227. Contributions made through a limited liability company or partnership are aggregated with all other contributions made by that individual in determining compliance with contribution limits.

(4) Upon receiving a contribution from a limited liability company or partnership, the candidate’s campaign shall obtain a written tax classification and allocation attestation which states:

(a) the tax classification of the limited liability company or partnership;

(b) the name of each individual partner or member responsible for making the contribution and the amount of the contribution attributable to each individual partner or member.

(c) each individual responsible for making the contribution has agreed to the contribution and is aware of the applicable contribution limits.

(5) COPP shall provide standardized forms for the tax classification and allocation attestation. A campaign may use forms provided by COPP or substantially similar forms which include all information required under (4). All attestations must be included in the campaign treasurer’s recordkeeping obligations pursuant to 13-37-207 and 13-37-208, MCA.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-221, MCA
History: NEW, 2026 MAR, Notice No. 2025-519, Eff. 1/24/26.

Subchapter 44.11.5 Reporting Obligations and Expenditures

Mont. Admin. R. 44.11.501 Expenditure - Definition

(1) For the purposes of Title 13, chapters 35 and 37, MCA, and these rules, the term "expenditure" as defined in 13-1-101, MCA, includes:

(a) each expenditure as described in 13-37-229 and 13-37-232, MCA;

(b) expenses incurred by a candidate or political committee with respect to polls, surveys, and the solicitation of funds for reportable election activity;

(c) expenses incurred in the drafting, printing, distribution, and collection of signatures for any petition for nomination or a ballot issue;

(d) a candidate's own expense, except as provided in 13-1-101, MCA, and as further explained in (4);

(e) payment of interest on a loan or other credit received;

(f) an in-kind expenditure, as defined in (2);

(g) expenses incurred by a candidate while engaged in campaign activity for reasonable and necessary child-care expenses;

(h) an independent expenditure, as defined in (3); and

(i) a coordinated expenditure, as defined in (4).

(2) The term "in-kind expenditure" means a third party reportable election activity expenditure, such as payment for goods or services, that does not go through the campaign depository. In the event that the third party election activity involves the furnishing of services, property, or rights without charge or at a charge that is less than fair market value in a manner that creates a reportable election expense, then the difference between the amount charged and the fair market value must be reported as an in-kind expenditure. An "in-kind expenditure" includes, but is not limited to, the forgiveness of any loan or debt owed by a candidate or political committee.

(3) The term "independent expenditure" has the meaning set out in 13-1-101, MCA.

(4) The term "coordinated expenditure" is an expenditure that is "coordinated" as defined in 13-1-101, MCA, or involves "coordination" as defined in ARM 44.11.602.

(a) A campaign expense paid personally by an individual in his or her own campaign is always coordinated with and is a campaign expense under (1)(d) that must be reported and disclosed with the same information as an expense by the campaign in the same manner as an expense paid through the campaign depository account.

(b) The candidate must balance his or her campaign finance report by reporting the amount of the expense as an in-kind contribution and/or loan by the candidate sufficient to balance the total amount of campaign expenses personally paid by the candidate.

(i) Any such candidate personal expenditure repaid by the candidate's campaign shall be disclosed and reported both as a campaign expenditure and as a repaid loan, even if both events take place in a single reporting period.

(ii) Any such candidate personal expenditure that is not repaid by the candidate's campaign shall be disclosed and reported both as a candidate contribution and as a campaign expenditure.

(5) An expenditure does not include reportable election activity carried out solely by one individual that is not coordinated with any candidate, ballot issue, or political committee.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-1-101, 13-37-220, 13-37-229, 13-37-232, MCA
History: NEW, Eff. 1/1/76; AMD, Eff. 5/7/76; AMD, 1977 MAR p. 1240, Eff. 12/25/77; AMD, 1979 MAR p. 652, Eff. 7/1/79; AMD, 1986 MAR p. 128, Eff. 1/31/86; AMD, 1999 MAR p. 2287, Eff. 10/8/99; TRANS and AMD, from 44.10.323, 2016 MAR p. 28, Eff. 1/9/16; AMD, 2022 MAR p. 404, Eff. 3/26/22.

Mont. Admin. R. 44.11.502 Expenditures, Reporting

(1) A campaign expense paid personally by an individual in his or her own campaign is always coordinated with, and is a campaign expense of, the campaign that must be reported and disclosed as an expense by the campaign in the same manner as an expense paid through the campaign depository account.

(2) An obligation to pay for a campaign expenditure is incurred on the date the obligation is made, and shall be reported as a debt of the campaign until the campaign pays the obligation by making an expenditure.

(3) An expenditure is made on the date payment is made, or in the case of an in-kind expenditure, on the date the consideration is given.

(4) The date of each expenditure shall be reported in the reporting period during which it is made.

(5) All expenditures must be supported by a contemporaneous written agreement, invoice, billing statement, or similar documentation appropriate to the transaction that describes the services provided, the billing period identifying the specific dates on which services were provided, an itemized basis for the payments made, and other pertinent information.

(6) Reporting independent expenditures:

(a) shall be reported in accordance with the procedures for reporting other expenditures;

(b) a person making an independent expenditure shall report the name of the candidate or committee the independent expenditure was intended to benefit, and the fact that the expenditure was independent; and

(c) the candidate or political committee benefiting from the independent expenditure does not have to report the expenditure.

(7) For the purposes of 13-37-226, MCA:

(a) the reports required to be filed within two business days shall be filed electronically, pursuant to ARM 44.11.302; and

(b) all expenditures and contributions reported under (a) shall also be included on the post-election report.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-225, 13-37-226, 13-37-228, 13-37-229, 13-37-232, MCA
History: NEW, Eff. 1/1/76; AMD, 1977 MAR p. 1247, Eff. 12/25/77; AMD, 1986 MAR p. 128, Eff. 1/31/86; AMD, 1999 MAR p. 2287, Eff. 10/8/99; TRANS and AMD, from 44.10.531, 2016 MAR p. 28, Eff. 1/9/16; AMD, 2022 MAR p. 253, Eff. 2/12/22.

Mont. Admin. R. 44.11.503 In-Kind Expenditure, Reporting and Valuation

(1) A candidate or political committee shall report an in-kind expenditure on the appropriate reporting schedule and shall describe what was made consistent with the reporting requirements specified in ARM 44.11.502.

(2) The total value of the services, property, or rights expended in-kind shall be deemed to have been consumed in the reporting period in which expended.

(3) The value of an in-kind expenditure shall be determined as follows:

(a) it shall be reported as its fair market value at the time of the expenditure; or

(b) it shall be reported as the difference between the fair market value at the time of the expenditure and the amount charged the expendee; or

(d) if due to extraordinary circumstances none of these provisions would be appropriate or no reasonable fair market value can be established, it shall be sufficient to report a precise description of such in-kind expenditure as made.

(4) The value of an in-kind expense shall be calculated and recorded in writing. Because an in-kind expense becomes a contribution to the receiving candidate or ballot committee, this regulation works in tandem with ARM 44.11.403 and the record keeping requirements of that regulation apply. The calculation and written record shall show one of the following values for the in-kind expense:

(a) the actual monetary cost, value or worth of the item of property, right or service at the time of the in-kind expense;

(b) if there is no actual cost or value as set out in (a) then the reasonable fair market value of the item of property, right or service based on an appropriate comparison made at the time of the in-kind expense;

(c) in the event that the candidate or ballot committee paid for a portion of the value established by (b), then the difference between the amount paid and the value set by (b); or

(d) in the event that, due to extraordinary circumstances, it is not appropriate or possible to determine the value established by (b), then a precise description must be made of the property, right or service expended.

(5) The value under (4) shall be reported and disclosed as a contribution as defined and required by ARM 44.11.502.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-208, 13-37-209, 13-37-211, 13-37-229, 13-37-232, MCA
History: NEW, Eff. 1/1/76; AMD, Eff. 2/6/76; TRANS and AMD, from 44.10.533, 2016 MAR p. 28, Eff. 1/9/16.

Mont. Admin. R. 44.11.504 Expenditure Encouraged to Avoid Contribution, Reporting

(1) If a candidate or political committee, or member thereof, advises, counsels, or otherwise knowingly encourages any person to make an expenditure for the purpose of avoiding direct contributions, or for any other reason, the expenditure shall be considered a contribution by that person to the candidate or political committee encouraging the expenditure.

(2) Such contributions shall be reported pursuant to the provisions of ARM 44.11.403.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-229, MCA
History: NEW, Eff. 1/1/76; TRANS and AMD, from 44.10.517, 2016 MAR p. 28, Eff. 1/9/16.

Mont. Admin. R. 44.11.505 Debts and Obligations Owed to a Candidate or Political Committee, Reporting

(1) Pursuant to 13-37-229 and 13-37-232, MCA, each report required by 13-37-226, MCA, shall disclose all debts and obligations owed to a candidate or political committee. Debts and obligations shall continue to be reported so long as they remain outstanding.

(2) A candidate or political committee shall report the full name and mailing address (and occupation and principal place of business, if any) of each person who owes a debt or obligation to the candidate or political committee at the end of a reporting period, including the amount, date contracted, and purpose of each debt and obligation owed by each person. If the exact amount of a debt or obligation is not known, the estimated amount owed shall be reported, and the basis for the estimated amount shall be reduced to writing and retained for inspection.

(3) All invoices or billing statements must be maintained and available for inspection.

(4) If the debt or obligation is an oral agreement for services, the agreement must be contemporaneously reduced to writing at the time it is made, and must be signed by the parties and retained for inspection.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-229, 13-37-231, 13-37-232, MCA
History: NEW, Eff. 1/1/76; AMD, 2001 MAR p. 2049, Eff. 10/12/01; TRANS and AMD, from 44.10.525, 2016 MAR p. 28, Eff. 1/9/16.

Mont. Admin. R. 44.11.506 Debts and Obligations Owed by a Candidate or Political Committee, Reporting

(1) Pursuant to 13-37-229 and 13-37-232, MCA, each report required by 13-37-226, MCA, shall disclose all debts and obligations owed by a candidate or political committee. Debts and obligations shall continue to be reported so long as they remain outstanding.

(2) A candidate or political committee shall report the full name and mailing address (and occupation and principal place of business, if any) of each person to whom a debt or obligation is owed at the end of a reporting period, including the amount, date contracted, and purpose of each debt and obligation owed to each person. If the exact amount of a debt or obligation is not known, the estimated amount owed shall be reported, and the basis for the estimated amount shall be reduced to writing and retained for inspection.

(3) All invoices or billing statements must be maintained and available for inspection.

(5) A loan made to a candidate or political committee that is not repaid by the candidate or committee, including the forgiveness of any loan, becomes an in-kind contribution to the candidate or committee, see ARM 44.11.401.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-229, 13-37-231, 13-37-232, MCA
History: NEW, Eff. 1/1/76; TRANS and AMD, from 44.10.535, 2016 MAR p. 28, Eff. 1/9/16.

Mont. Admin. R. 44.11.507 Prohibition on Foreign National Interference in Statewide Ballot Issues

(1) For purposes of this rule:

(a) “Foreign national” has the meaning as defined in 13-37-501, MCA.

(b) The terms “ballot issue” and “contribution” have the meaning as defined in 13-1-101, MCA.

(c) The term “through an intermediary” includes making contributions indirectly through any individual or entity with the purpose of influencing a statewide ballot issue.

(2) It is unlawful for any committee or individual to knowingly solicit or enable a foreign national’s financial involvement in a statewide ballot issue campaign. Any contribution that originated from a foreign national source, whether received directly or through an intermediary, may not be used by a committee or individual in connection with any statewide ballot issue.

(3) The donor affirmation required pursuant to 13-37-505, MCA, must be in writing.

(4) COPP shall provide standardized forms for donor affirmations. Committee treasurers may use COPP-provided forms or substantially similar forms which include all information required by 13-37-505, MCA.

(5) Donor affirmations need not be filed with the committee’s periodic finance reports but are part of the committee treasurer’s record keeping obligations required by 13-37-207 and 13-37-208, MCA, and must be provided to the commissioner upon request.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-501, 13-37-502, 13-37-503, 13-37-505, MCA
History: NEW, 2026 MAR, Notice No. 2025-845, Eff. 3/21/26.

Subchapter 44.11.6 Campaign Practices

Mont. Admin. R. 44.11.601 Attribution on Election Material

(1) Pursuant to 13-35-225, MCA, election communications, electioneering communications, and independent expenditures (referred to collectively herein as "election materials") must disclose the person who paid for the election materials, by including the appropriate attribution language set out in (2).

(2) All attributions must include the words "paid for by" followed by the appropriate identifying information. For election materials financed by:

(a) a candidate or a candidate's campaign, the attribution must include either:

(i) the name and address of the candidate; or

(ii) the name and address of the candidate's campaign.

(A) An attribution using the name of the candidate's campaign must include the first and last name of the candidate if the name of the campaign does not include at least the candidate's last name.

(B) Additional information, such as the name of the campaign treasurer, may be included within the attribution language, but it is not required.

(iii) Examples of an appropriate attribution for a candidate are:

Paid for by John Smith

P.O. Box 10000

Helena, MT 59605

Paid for by Smith for Senate

P.O. Box 20000

Helena, MT 59605

(b) a political committee, the attribution must include:

(i) the name of the committee, the name of the committee treasurer, and the address of either the committee or its treasurer.

(ii) An example of an appropriate attribution for a political committee is:

Paid for by Support Our Schools

Sarah Jones, Treasurer

P.O. Box 30000

Helena, MT 59605

(i) the name of the corporation or union, its chief executive officer or equivalent, and the physical address of the corporation or union's principal place of business.

(ii) Examples of an appropriate attribution for a political committee that is a corporation or union are:

Corporation:

Paid for by Pretty Good Manufacturing Co.

Susan Smith, CEO

1000 Industry Drive

Helena, MT 59605

Union:

Paid for by Montana Grocery Workers Union

James Miller, President

2000 Shopping Cart Avenue

Helena, MT 59605

(d) For election materials funded or facilitated solely by an individual acting on his or her own behalf, the attribution must include the name and address of the individual who paid for the materials.

(3) All election materials are required by 13-35-225, MCA, to clearly and conspicuously include the appropriate attribution language. To ensure compliance with this statutory directive, the commissioner establishes the following requirements and specifications:

(a) for written election materials, including but not limited to those published, broadcast, or otherwise disseminated through print media or digital media, as defined in these rules:

(i) the reader or observer should have no difficulty locating and reading the attribution language;

(ii) the attribution language should be of sufficient type size to be clearly readable by the recipient or reader of the communication;

(iii) the language should be contained in a printed area or segment set apart from the other contents of the election materials;

(iv) the language should be printed with a reasonable degree of color contrast between the background and the printed statement; and

(v) in the case of yard signs or other campaign signs, the attribution language should appear on the side of the sign that contains the campaign message.

(b) for broadcast election materials, including but not limited to those published, broadcast, or otherwise disseminated through broadcast media or digital media, as defined by these rules:

(i) the attribution language for broadcast election communications containing audio content shall be spoken in the communication;

(ii) the attribution language for broadcast election materials containing visual content shall be displayed in the communication. The language may simultaneously be spoken, but it is not required.

(4) In partisan candidate elections, election communications and electioneering communications financed by a candidate or a political committee organized on the candidate's behalf must state either the candidate's party affiliation or include the candidate's party symbol.

(a) To meet the party affiliation disclosure requirement, election materials should state the name or a reasonable and comprehensible abbreviation of the name of one of the qualified political parties in Montana: "Democrat," "Libertarian," or "Republican."

(b) To meet the party symbol disclosure requirement, election materials should include either the symbol for one of the qualified political parties in Montana or the capitalized first letter of one of the parties. Acceptable symbol designations are:

(i) Democrat: the donkey symbol or "D";

(ii) Libertarian: the Statue of Liberty symbol or "L"; or

(iii) Republican: the elephant symbol or "R."

(c) The commissioner may determine that other language or a symbol included within a particular election material complies with the statutory directive, as long as there is some objective basis for the use of the language or symbol and the identity of the party is readily discernable.

(d) The party affiliation or symbol may appear with the attribution language, or within the body of the message content in the election materials.

(5) Printed election material that contains information about another candidate's voting record must include all the information specified in 13-35-225, MCA. The signed statement referred to in the statute may consist of a facsimile of an actual hand signature or an electronic signature. An acceptable electronic signature will be in the following format: "/s/ John Smith." An electronic signature that appears on written election materials shall have the same effect as an actual hand signature or a facsimile of a hand signature.

(6) Election materials consisting of documents or other articles of campaign advertising that are too small for the inclusion of the attribution language and other information required by 13-35-225, MCA, need not include the information; however, the person who financed the election material must file a copy of the material with the commissioner, together with the information required by the statute, at the time of its public distribution. For purposes of this rule, "at the time" means at or before the earliest date and time the election material is scheduled to be published, broadcast, or disseminated to the public.

(7) If information required by 13-35-225, MCA, is omitted from election materials, or if information required by (6) is not filed with the commissioner, the person who is responsible for or who financed the material shall, upon discovering the deficiency:

(a) file notification of the deficiency with the commissioner within two business days of discovery;

(b) bring the election material into compliance or file the information required by (6); and

(8) If notification required by (7)(a) is not provided and the commissioner becomes aware of the existence of election material that does not comply with 13-35-225, MCA, whether by complaint or otherwise, the commissioner will contact the person who is responsible for or financed the material and provide notice of the deficiency.

(a) The notice will require that the material be brought into compliance within the time limits provided in 13-35-225, MCA.

(b) The notice will state that failure to bring the material into compliance will subject the person who financed the election materials to a civil penalty action pursuant to 13-37-128, MCA.

(c) The noncompliant election material must not be disseminated or broadcast until it has been corrected and brought into compliance.

(9) The office of the commissioner, when notified, will work informally with candidates, political committees, and others to ensure compliance with the requirements of 13-35-225, MCA, and to promptly bring deficient election materials into compliance.

The December 2015 poll of the Montana Legislature on proposed NEW RULE VI (ARM 44.11.601) ATTRIBUTION ON ELECTION MATERIAL in MAR Notice No. 44-2-207 was as follows: 31 Senators voted the proposed rule is consistent with legislative intent; 15 Senators voted the proposed rule is contrary to legislative intent; 52 Representatives voted the proposed rule is consistent with legislative intent; and 33 Representatives voted the proposed rule is contrary to legislative intent.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-35-225, MCA
History: NEW, 2016 MAR p. 28, Eff. 1/9/16.)

Mont. Admin. R. 44.11.602 Coordination

(1) A "coordinated expenditure" means any election communication, electioneering communication, or reportable election activity that is made by a person in cooperation with, in consultation with, under the control of, or at the direction of, in concert with, at the request or suggestion of, or with the express prior consent of a candidate or an agent of the candidate. The coordination of an expenditure need not require agreement, cooperation, consultation, request, or consent on every term necessary for the particular coordinated expenditure, but only requires proof of one element, such as content, price, or timing, to be met as a fact of a coordinated expenditure.

(2) When determining whether a communication or reportable election activity is coordinated the following may be considered, whether:

(a) it is based on information that is provided by the candidate or agent of the candidate directly or indirectly to the person funding or facilitating the communication or activity, or any person involved in creating, producing, or disseminating it.

(b) it was made by or through any candidate's agent in the course of the agent's involvement in the current campaign.

(c) the person funding or facilitating the communication or reportable election activity retains the paid services of a person or individual who:

(i) currently, or during the six months immediately preceding the election in which the candidate's name will appear on the ballot, received compensation from the candidate or the candidate's agent; and

(ii) the person or individual is involved in creating, producing, or disseminating the communication or reportable election activity.

(d) the communication or reportable election activity replicates, reproduces, republishes or disseminates, in whole or in substantial part, any material designed, produced and paid for, or distributed by the candidate, except as set forth in (3)(e).

(e) the candidate or the candidate's agent has made or participated in any discussion or in making any decision regarding the content, timing, location, media, intended audience, volume of distribution, or frequency of placement of the communication or activity.

(f) the person funding or facilitating the communication or reportable election activity has:

(i) established a written firewall policy designed to prevent the flow of information about the candidate's campaign plans, projects, activities, or needs from the persons providing services to the candidate to persons involved in the creation, production, or dissemination of the communication or activity; and

(ii) prior to the preparation or distribution of any communication or reportable election activity has distributed the firewall policy to all relevant employees, consultants, and clients affected by the policy; and

(iii) filed the firewall policy with the COPP.

(3) A "coordinated expenditure" does not mean any election communication, electioneering communication, or reportable election activity consisting of:

(a) an uncoordinated expenditure or an independent reportable election activity funded or facilitated by a person;

(b) services, food, or lodging provided in a manner that they are not contributions by a person within the meaning of contribution as defined by 13-1-101, MCA, or these rules;

(c) the cost funded or facilitated by a person for any bona fide news story, commentary, blog, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical of general circulation;

(d) activity by an individual acting solely on his or her own behalf independently of any candidate or the candidate's agent; or

(e) the independent use of statements, images, or other information that is appropriated from a public source.

(4) A "coordinated expenditure" does not exist solely because:

(a) of personal or professional relationships between a candidate and other persons;

(b) the person funding or facilitating the communication or reportable election activity has previously made a contribution to the candidate;

(c) after publication or distribution, the person funding or facilitating the communication or reportable election activity informs the candidate or an agent of the candidate that the person has made an expenditure or funded the activity, provided that there is no other exchange of information, not otherwise available to the public, relating to details of the expenditure or funding the activity; or

(d) the funding or facilitating of the communication or reportable election activity is made at the request or suggestion of a candidate or an agent of a candidate for the benefit of another candidate or political committee where the other potentially benefitted candidate or political committee has no involvement.

(5) A "coordinated expenditure" shall be treated and reported as an in-kind contribution from and expenditure by the person funding, facilitating, or engaging in the election communication, electioneering communication, or reportable election activity. Both the candidate and the committee shall report the coordinated expenditure and/or in-kind contribution as the case may be.

The December 2015 poll of the Montana Legislature on proposed NEW RULE VII (ARM 44.11.602) COORDINATION in MAR Notice No. 44-2-207 was as follows: 26 Senators voted the proposed rule is consistent with legislative intent; 20 Senators voted the proposed rule is contrary to legislative intent; 49 Representatives voted the proposed rule is consistent with legislative intent; and 36 Representatives voted the proposed rule is contrary to legislative intent.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-1-101, 13-37-225, 13-37-226, 13-37-229, 13-37-232, MCA
History: NEW, 2016 MAR p. 28, Eff. 1/9/16.

Mont. Admin. R. 44.11.603 De Minimis

(1) A "de minimis act" is defined in 13-1-101, MCA. The commissioner may consider the following factors in determining whether specific acts, contributions, or expenditures are de minimis and therefore do not trigger registration, reporting, attribution, or disclosure requirements, or warrant enforcement as a campaign practices violation:

(a) whether the act, contribution, or expenditure has an ascertainable fair market value, and if so the amount of that value;

(b) in the case of an act that results in the provision of services, whether the act results in either a detriment to the provider of the services, such as an out-of-pocket expense or the preclusion of other activities;

(c) whether the act, contribution, or expenditure at issue is a single, one-time event or occurrence or multiple events or occurrences;

(d) the extent to which a particular campaign practices violation deprives the public of disclosure;

(e) other factors and circumstances similarly showing limited value or minimal harm.

(2) Acts, contributions, or expenditures that may, depending on the circumstances, be considered de minimis include:

(a) the creation of electronic or written communications or digital photos or video, on a voluntary (unpaid) basis by an individual, including the creation and outgoing content development and delivery of social media on the internet or by telephone;

(b) the provision by an individual or political committee of personal property, food, or services with a cumulative fair market value of less than $50 in the aggregate for any single election;

(c) the location value of the display of lawn or yard signs on real property, but only if the property owner does not normally and does not in fact charge a fee for display of signs;

(d) any value attributable to the display of campaign bumper stickers or signs on a vehicle, but only if the vehicle owner does not normally and does not in fact charge a fee for display of bumper stickers or signs;

(e) typographical errors or incomplete or erroneous information on a campaign finance report that is determined not to be misleading or that does not substantially affect disclosure;

(f) any failure to comply with the attribution requirements of 13-35-225, MCA, that is determined to nevertheless provide sufficient disclosure regarding who made or financed the communication;

(g) expenses associated with volunteer services or efforts, including the cost of gas, parking, and meals.

(3) Fair market value will be determined according to the description of the term in ARM 44.11.403 and 44.11.503.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-1-101, 13-37-114, MCA
History: NEW, 2016 MAR p. 28, Eff. 1/9/16; AMD, 2022 MAR p. 253, Eff. 2/12/22.

Mont. Admin. R. 44.11.604 Election Communication

(1) An election communication is a communication, made in media as defined in these rules, that is made to support or oppose a candidate or ballot issue, as those terms are defined in 13-1-101, MCA.

(2) An election communication means:

(a) a paid advertisement broadcast over radio, television, cable, or satellite;

(b) paid placement of content on the internet or other electronic communication network;

(d) a mailing; or

(e) printed materials.

(3) An election communication does not mean any communication that is excluded from the definition of the term in 13-1-101, MCA.

(4) A person who makes an election communication is subject to the reporting and disclosure requirements of Title 13, chapters 35 and 37, MCA, and these rules.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-1-101, 13-37-225, 13-37-226, 13-37-229, 13-37-232, MCA
History: NEW, 2016 MAR p. 28, Eff. 1/9/16.

Mont. Admin. R. 44.11.605 Electioneering Communication

(1) An electioneering communication is a paid communication that:

(a) is publicly distributed by one or more of the modes of communication listed in the statute;

(b) is made within 60 days of the initiation of voting in an election;

(d) can be received by more than 100 recipients in the district voting on the candidate or ballot issue;

(e) meets one or more of the following criteria:

(i) refers to one or more clearly identified candidates in the election;

(ii) depicts the name, image, likeness, or voice of one or more clearly identified candidates in the election; or

(iii) refers to a political party, ballot issue, or other question submitted to the voters in the election.

(2) In (1)(b) the phrase "made within 60 days of the initiation of voting in an election" shall mean the following:

(a) in the case of mail ballot elections, the initiation of voting occurs when official ballot packets are mailed to qualified electors pursuant to 13-19-206, MCA;

(b) in other elections the initiation of voting occurs when absentee ballot packets are mailed to or otherwise delivered to qualified electors pursuant to 13-13-214, MCA.

(3) An electioneering communication does not mean any communication that is excluded from the definition of the term in 13-1-101, MCA. In addition, an electioneering communication does not mean:

(a) a communication that refers to or depicts the name, image, likeness, or voice of one or more clearly identified candidates, but that is susceptible to no reasonable interpretation other than as unrelated to the candidacy or the election;

(b) a communication that refers to a political party, ballot issue, or other question submitted to the voters at an election, but that is susceptible to no reasonable interpretation other than as unrelated to the issue or the election;

(d) any other regular or normal communication by a local government or a state agency that includes information about a candidate, ballot issue, or election including sample ballots and the time, place, or manner of an upcoming election. Any other communication may be subject to reporting and disclosure as an electioneering communication. For purposes of this rule the terms local government and state agency shall have the same meaning as the definitions of the terms in 2-2-102, MCA.

(4) An electioneering communication may also be an independent expenditure.

(5) The determination whether a particular communication is an electioneering communication or is excluded from the definition of the term will be based on the purpose, timing, and distribution of the communication.

(6) Upon request, the commissioner may issue a letter to a group or person reporting the cost of electioneering communications under these rules. The letter may state that the reporting and disclosure required for an electioneering communication does not mean or imply that an express advocacy determination was made as to the communication that is covered by the cost reported.

(7) A person who makes an electioneering communication is subject to the reporting and disclosure requirements of Title 13, chapters 35 and 37, MCA, and these rules.

(8) The COPP shall maintain a form which will allow a political committee to report an electioneering communication without designating the expenditure as in support of or in opposition to candidate(s) or issue(s).

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-1-101, 13-37-225, 13-37-226, 13-37-229, 13-37-232, MCA
History: NEW, 2016 MAR p. 28, Eff. 1/9/16; AMD, 2017 MAR p. 2342, Eff. 12/9/17.

Mont. Admin. R. 44.11.606 Electioneering - Interpretive Rule

(1) As used in 13-35-211, MCA, "electioneering" means the solicitation of support or opposition to a candidate or issue to be voted upon at the election or polling place in question, by means of:

(a) Personal persuasion, electronic amplification of the human voice, or the display or distribution of campaign materials.

(b) Offering or distribution of food, drink, or any other material benefit in a manner calculated to encourage recognition, support, or opposition to a candidate or issue.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-35-211, MCA
History: NEW, 1977 MAR p. 1236, Eff. 12/25/77; TRANS, from 44.10.311, 2016 MAR p. 28, Eff. 1/9/16.

Mont. Admin. R. 44.11.607 Fair Notice Period Before Election

(1) For purposes of this rule, "campaign advertising" refers to reportable election activity, as defined in ARM 44.11.103.

(2) The "fair notice requirement" is described in 13-35-402, MCA. For the purpose of that section, the date used to determine the date "intended for public distribution" for material distributed by:

(a) print media is the date of the postmark.

(i) If no postmark is provided on the mailing, the date the mailing is mailed or "dropped," as reported by the mail distributor, is the equivalent of the postmark date.

(b) broadcast media, digital media, or published material is "at the time" the material is published or broadcast or disseminated to the public.

(i) "At the time" means at or before the earliest date and time the message is scheduled to be published, broadcast, or disseminated to the public.

The December 2015 poll of the Montana Legislature on proposed NEW RULE XI (ARM 44.11.607) FAIR NOTICE PERIOD BEFORE ELECTION in MAR Notice No. 44-2-207 was as follows: 27 Senators voted the proposed rule is consistent with legislative intent; 19 Senators voted the proposed rule is contrary to legislative intent; 51 Representatives voted the proposed rule is consistent with legislative intent; and 34 Representatives voted the proposed rule is contrary to legislative intent.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-35-402, MCA
History: NEW, 2016 MAR p. 28, Eff. 1/9/16.

Mont. Admin. R. 44.11.608 Personal Use of Campaign Funds

(1) Except as provided in (4), no goods, services, funds, property, or other contributions received by a candidate or political committee may be used for the personal use or expense of any candidate, immediate family of a candidate, or staff of a candidate's campaign.

(2) Expenditures for personal use are those that have no direct connection with, or effect upon, expenditures to support or oppose candidates or issues, and those that would exist irrespective of a candidate's campaign or an individual's involvement in a candidate's campaign. Campaign expenditures are those that serve to support or oppose a candidate or issue. An expenditure for personal use or expense occurs when, for example, the expenditure:

(a) covers normal living needs of the candidate, the candidate's immediate family, or any other individual;

(b) covers food or clothing that are not specially required by or related to a campaign activity;

(c) covers the cost of travel, lodging, food, and registration, including attendance at any conference or event, that does not serve a campaign interest.

(3) A candidate or candidate's campaign may purchase goods or services and lease personal and real property that provide a mixed benefit to the candidate provided:

(a) the amount attributed to an individual's personal use or expense shall be determined in writing and reimbursed by the individual to the campaign, unless the personal benefit is de minimis;

(b) expenses incurred by a candidate while engaged in campaign activity for reasonable and necessary child-care expenses;

(c) a mixed benefit to the candidate means use of goods, services, or property for personal use or expense as well as to support or oppose candidates or issues; or

(d) the personal benefit is de minimis as determined according to ARM 44.11.603.

(4) The prohibition of this rule is not applicable to:

(a) reimbursements to a candidate, or staff or volunteers of a candidate's campaign, for goods and services purchased for campaign expenditures;

(b) gifts or bonuses of less than $250 in a calendar year to campaign staff; or

(5) Prior to filing a closing report of a candidate's campaign:

(a) any personal and real property purchased with campaign funds that has a residual fair market value of $50 or more may be disposed of by one of the following methods:

(i) sale of the property at fair market value, in which case the proceeds shall be treated the same as other campaign funds and disposed of according to ARM 44.11.702 regarding surplus campaign funds. If campaign property is sold to the candidate, a member of the candidate's immediate family, or paid campaign staff, the campaign must receive at least 75 percent of the original purchase price or value of the in-kind contribution as determined per ARM 44.11.403; or

(ii) donation of the property under one of the options set out in ARM 44.11.702 pertaining to disposal of surplus campaign funds.

(b) the disposition of all campaign property under this rule must be reported on the closing report required by ARM 44.11.306, including the method of disposition (sale or donation), the complete date of the disposition, the name and address of the purchaser or donee, and a description of the property. If the property is sold, the information shall include the sale price received; if the property is donated, the information shall include the fair market value of the property at the time of the transfer.

(c) for purposes of this rule, the "residual" fair market value is based upon the value of the property at the time it is sold or donated, accounting for items of similar description, age, and condition. The sale of property through an online commercial auction shall be considered as a favorable factor in determining that the sale price received was the fair market value of the property sold.

(d) any personal or real property purchased with campaign funds that is not disposed of under this rule, shall be disposed of according to ARM 44.11.702.

(6) Whether an expenditure of campaign funds is to be considered a personal use or expense, and therefore prohibited, is a factual determination to be made by the commissioner.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-1-101, 13-37-220, 13-37-229, 13-37-240, MCA
History: NEW, 2016 MAR p. 28, Eff. 1/9/16; AMD, 2022 MAR p. 404, Eff. 3/26/22.

Subchapter 44.11.7 Surplus and Continuing Service Accounts

Mont. Admin. R. 44.11.701 Definitions

For the purposes of Title 13, chapter 37, part 4, MCA, 13-37-240, MCA, and this subchapter:

(1) "Compensation" includes all direct or indirect payments of salaries, fees, wages, and benefits to an individual or a person to provide constituent services. The term includes all payments made to an individual or a person to provide constituent services on behalf of an eligible elected official, including but not limited to, payments for overtime, compensatory time, retirement, health insurance, membership fees for social, civic, and professional organizations, life insurance, professional liability insurance, unemployment or worker's compensation insurance, personal use of a vehicle, rental car payments, disability insurance, travel, meal, and lodging reimbursement, and other benefits.

(2) "Constituent" means an individual who resides in, is employed in, provides goods or services in, attends school in, or has an ownership interest in property or a business in the district or geographic area represented by an eligible elected official.

(3) "Constituent services" has the meaning generally defined in 13-37-401, MCA, and more specifically defined in ARM 44.11.707.

(4) "Continuing service account" means an account established under Title 13, chapter 37, part 4, MCA, 13-37-240, MCA, and the rules in this chapter.

(5) "Eligible elected official" means an individual elected or appointed to a statewide office, the Public Service Commission, or the Legislature.

(6) "In-kind donation" means the furnishing of services, property, equipment, supplies, rights, or anything of value without charge or at a charge which is less than fair market value to an eligible elected official for the purpose of providing constituent services.

(7) "Leaves public office" means that an eligible elected official ceases to occupy the public office for which a continuing service account has been established. The term does not include an eligible elected official who is re-elected to the same public office.

(8) "Pre-existing account" means an account related to a public official's office that existed before May 14, 2007 (the effective date of 13-37-401 and 13-37-402, MCA).

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-401, 13-37-402, MCA
History: NEW, 2008 MAR p. 2009, Eff. 9/12/08; TRANS and AMD, from 44.10.536, 2016 MAR p. 28, Eff. 1/9/16; AMD, 2025 MAR, Notice No. 44-2-277, Eff. 1/25/25.

Mont. Admin. R. 44.11.702 Disposal of Surplus Campaign Funds and Property

(1) Candidates shall dispose of surplus campaign funds within 120 days of filing the closing campaign report required by 13-37-228, MCA.

(a) The candidate's closing report shall be filed whenever all debts and obligations are extinguished, the provisions of ARM 44.11.608 are followed, and no further contributions or expenditures will be received or made which relate to the campaign.

(b) No closing report needs to be filed following a primary election campaign if the candidate will advance to the general election.

(2) "Surplus campaign funds" are those campaign funds remaining when all debts and other obligations of the campaign have been paid or settled, pursuant to ARM 44.11.608, no further campaign contributions will be received, and no further campaign expenditures will be made.

(3) Surplus campaign funds will be considered to have been "disposed of" on the date payment or donation of the item of property is made by the candidate or the candidate's committee to a permissible person, entity, or account.

(4) The candidate shall be responsible for obtaining a receipt containing the requisite information from all recipients of any surplus campaign funds or property. Payment of surplus campaign funds or property shall be evidenced by a receipt from the recipient containing the following information:

(a) the full name and mailing address of the recipient;

(b) the date the funds or property were received;

(d) the exact amount of funds or fair market value of the property received.

(5) Those candidates with surplus campaign funds shall file a supplement to the closing campaign report, on a form prescribed by the commissioner, showing the disposition of surplus campaign funds or property. The report shall be accompanied by copies of all receipts required by (4). The supplement shall be filed within 135 days after the closing report is filed.

(6) A candidate or eligible elected official shall abide by the prohibitions on the use of surplus campaign funds specified in 13-37-240 and 13-37-402, MCA, ARM 44.11.703, the provisions of this rule, and the rules in this chapter.

(a) For purposes of the restrictions on the disposal of surplus campaign funds and personal or real property set forth in 13-37-240, MCA, "personal benefit" is defined in 13-37-240, MCA. For the purposes of this definition, a candidate's or an eligible elected official's "immediate family" includes any individual related or connected to a candidate or an eligible elected official as specified in 2-2-303, MCA.

(b) For purposes of the restrictions on the disposal of surplus campaign funds and personal or real property set forth in 13-37-240, MCA, "campaign" means any effort to support or oppose the nomination or election of a candidate for public office, or to support or oppose passage of a ballot issue.

(d) Surplus campaign funds, including surplus campaign funds deposited in a continuing service account and any interest accrued as provided in ARM 44.11.710, may only be disbursed as follows:

(i) return the funds to the contributors, so long as the refund to contributors will not violate the personal benefit or campaign contribution provisions of 13-37-240 and 13-37-402, MCA, ARM 44.11.703, or the rules in this chapter;

(ii) donate the funds and personal or real property to any organization or entity, so long as the use of the funds and personal or real property will not violate the personal benefit or campaign contribution provisions of 13-37-240 and 13-37-402, MCA, ARM 44.11.703, or the rules in this chapter;

(iii) an elected official other than an eligible elected official may transfer the funds to an account to serve a public purpose related to the officeholder's public duties, so long as the funds will not result in personal benefit or a contribution to a campaign;

(iv) an eligible elected official may transfer the funds to a continuing service account provided for in Title 13, chapter 37, part 4, MCA, and the rules in this chapter;

(v) an eligible elected official may retain the personal or real property of the campaign to serve constituents as provided in Title 13, chapter 37, part 4, MCA, and the rules in this chapter.

(7) A candidate or an eligible elected official shall not contribute surplus campaign funds to a political committee. However, nothing in this section shall be construed as prohibiting the contribution of surplus campaign funds to a political party or a political party committee, so long as the funds are not earmarked for a specific campaign.

(8) Upon a determination that a candidate made a prohibited disposal of surplus campaign funds, the commissioner may employ any enforcement measures within his or her jurisdiction.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-220, 13-37-240, 13-37-402, MCA
History: NEW, 1995 MAR p. 2048, Eff. 9/28/95; AMD, 2001 MAR p. 2049, Eff. 10/12/01; AMD, 2008 MAR p. 2009, Eff. 9/12/08; TRANS and AMD, from 44.10.335, 2016 MAR p. 28, Eff. 1/9/16; AMD, 2022 MAR p. 404, Eff. 3/26/22; AMD, 2025 MAR, Notice No. 44-2-277, Eff. 1/25/25.

Mont. Admin. R. 44.11.703 Personal Benefit

(1) Pursuant to 13-37-240, MCA, the term "direct or indirect benefit" means the distribution of all or any portion of surplus campaign funds, including surplus campaign funds deposited in a continuing service account, that benefit a candidate, an eligible elected official, or a member of a candidate's or an eligible elected official's immediate family, except as specifically authorized by this rule or the rules in this chapter.

(2) Surplus campaign funds or continuing service account funds may be donated to a group of individuals or an organization to which the candidate or an eligible elected official, or a member of the candidate's or an eligible elected official's immediate family belongs or is a member, as long as:

(a) the candidate, an eligible elected official, or a member of a candidate's or an eligible elected official's immediate family do not control how the group or organization spends the surplus campaign funds or continuing service account funds received by the group or organization;

(b) the candidate, an eligible elected official, or a member of the candidate's or an eligible elected official's immediate family abstains from voting on or taking any action to approve or disapprove a decision by the group or organization to spend the surplus campaign funds or continuing service account funds received by the organization; and

(c) the candidate, an eligible elected official, or a member of the candidate's or an eligible elected official's immediate family receive a benefit that is only incidental to their membership or participation within the group or organization. A benefit is "incidental" if a benefit bestowed on or available to a candidate, an eligible elected official, or a member of a candidate's or an eligible elected official's immediate family is the same as a benefit bestowed on or available to the public or other members of the group or organization.

(3) Surplus campaign funds or continuing service account funds may be donated to a government entity under ARM 44.11.702, even if the candidate, an eligible elected official, or a member of the candidate's or an eligible elected official's immediate family is an employee of the government entity or serves on the government entity's policy making or advisory board, as long as:

(a) the candidate, an eligible elected official, or a member of a candidate's or an eligible elected official's immediate family does not control how the government entity spends the surplus campaign funds or continuing service account funds received;

(b) the candidate, an eligible elected official, or a member of the candidate's or an eligible elected official's immediate family abstains from voting on or taking any action to approve or disapprove a decision by the government entity to spend the surplus campaign funds or continuing service account funds received; and

(c) the candidate, an eligible elected official, or a member of the candidate's or an eligible elected official's immediate family receives a benefit that is only incidental to their employment by or participation as a board member. A benefit is "incidental" if a benefit bestowed on or available to a candidate, an eligible elected official, or a member of a candidate's or an eligible elected official's immediate family is the same as a benefit bestowed on or available to the government entity's other employees or board members.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-240, MCA
History: NEW, 1996 MAR p. 784, Eff. 3/22/96; AMD, 2008 MAR p. 2009, Eff. 9/12/08; TRANS and AMD, from 44.10.336, 2016 MAR p. 28, Eff. 1/9/16; AMD, 2025 MAR, Notice No. 44-2-277, Eff. 1/25/25.

Mont. Admin. R. 44.11.704 Applicability of Rules

(1) All of the rules in this chapter apply to a continuing service account established by an eligible elected official under Title 13, chapter 37, part 4, MCA, and 13-37-240, MCA, on or after May 14, 2007.

(2) The rules in this chapter do not apply to the constituent services stipend and reimbursement provided by the state of Montana to a legislator, starting July 1, 2017, pursuant to 5-2-204, MCA, which is administered by Legislative Services.

(3) Only the personal benefit and campaign contribution prohibitions in 13-37-240 and 13-37-402, MCA, and ARM 44.11.702, 44.11.703, and 44.11.706 apply to:

(a) a pre-existing account in which surplus campaign funds have been deposited;

(b) an account related to an elected official's office if the elected official has been elected to any public office other than the public offices listed in ARM 44.11.705 and surplus campaign funds have been deposited in the account; or

(4) The following provisions of Montana law may also apply to the use or expenditure of surplus campaign funds, continuing service account funds, or other funds deposited in or expended from accounts related to an elected official's public office:

(a) the Montana Code of Ethics, 2-2-101, et seq., MCA, including the provisions governing the receipt of gifts of substantial value and the receipt of fees or compensation other than the official compensation provided by law;

(b) the provisions of Title 13, chapter 35, part 2, MCA, concerning the improper influence of voters before and after an election and the prohibition against corporate and union contributions to candidates;

(d) the provisions of Title 5, chapter 7, MCA.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-401, 13-37-402, MCA
History: NEW, 2008 MAR p. 2009, Eff. 9/12/08; TRANS and AMD, from 44.10.537, 2016 MAR p. 28, Eff. 1/9/16; AMD, 2025 MAR, Notice No. 44-2-277, Eff. 1/25/25.

Mont. Admin. R. 44.11.705 Eligible Elected Officials

(1) An individual elected to any of the following public offices may transfer surplus campaign funds to a continuing service account created under Title 13, chapter 37, part 4, MCA, 13-37-240, MCA, and the rules in this chapter:

(a) Governor;

(b) Lieutenant Governor;

(d) Secretary of State;

(e) State Auditor;

(f) Superintendent of Public Instruction;

(g) Chief Justice or Justice of the Supreme Court;

(h) Clerk of the Supreme Court;

(i) Public Service Commission; or

(j) The Montana House of Representatives or Senate.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-401, 13-37-402, MCA
History: NEW, 2008 MAR p. 2009, Eff. 9/12/08; TRANS, from 44.10.538, 2016 MAR p. 28, Eff. 1/9/16; AMD, 2025 MAR, Notice No. 44-2-277, Eff. 1/25/25.

Mont. Admin. R. 44.11.706 Prohibitions

(1) The following prohibitions apply to a continuing service account established under Title 13, chapter 37, part 4, MCA, 13-37-240, MCA, ARM 44.11.702 and 44.11.703, and the rules in this chapter:

(a) An eligible elected official may not establish any other account related to the eligible elected official's public office after May 14, 2007, except for a campaign account.

(b) Only surplus campaign funds as defined in ARM 44.11.702 may be deposited in a continuing service account account established under Title 13, chapter 37, part 4, MCA, and the rules in this chapter, except for the payment of interest as provided in ARM 44.11.710. An eligible elected official may not:

(i) deposit funds from a pre-existing account or any other account related to the eligible elected official's public office into a continuing service account established under Title 13, chapter 37, part 4, MCA;

(ii) solicit or receive cash or anything of monetary value for deposit in a continuing service account or to provide constituent services; or

(iii) solicit or receive an in-kind donation to provide constituent services.

(c) A continuing service account established under Title 13, chapter 37, part 4, MCA, may only be used to provide constituent services.

(d) Continuing service account funds may not be used for personal benefit as specified in 13-37-240 and 13-37-402, MCA, ARM 44.11.702, and 44.11.703, and the rules in this chapter. Continuing service account funds may not be used to pay compensation to an eligible elected official or a member of an eligible elected official's immediate family except as expressly provided in the rules in this chapter.

(e) Continuing service account funds may not be contributed to another ballot issue or candidate campaign, including the eligible elected official's own future campaign.

(2) Subsections (1)(d) and (e) apply to:

(a) a pre-existing account in which surplus campaign funds have been deposited; or

(b) the expenditure of surplus campaign funds by any elected official described in ARM 44.11.704.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-401, 13-37-402, MCA
History: NEW, 2008 MAR p. 2009, Eff. 9/12/08; TRANS and AMD, from 44.10.539, 2016 MAR p. 28, Eff. 1/9/16; AMD, 2025 MAR, Notice No. 44-2-277, Eff. 1/25/25.

Mont. Admin. R. 44.11.707 Authorized Expenditures

(1) A continuing service account established under Title 13, chapter 37, part 4, MCA, 13-37-240, MCA, and the rules in this chapter, may be used to pay for the following expenses incurred to provide constituent services:

(a) communications with constituents or on behalf of constituents, including but not limited to, printing, postage, paper, internet, facsimile, delivery, or other costs incurred to communicate with or on behalf of constituents. Communication costs do not include payment for public advertisements or public announcements of any kind unless such public advertisements or announcements are limited to publicly announcing the date, time, place, and general purpose of a meeting in an eligible elected official's district at which the public will be allowed to participate in a public discussion of matters of interest to an eligible elected official's constituents;

(b) travel, meal, and lodging expenses as provided in (2);

(d) office expenses related to the lease or purchase of office space as provided in (3) and (4);

(e) utility costs associated with the use of equipment, supplies, and office space to provide constituent services;

(f) compensation paid to an individual, other than an eligible elected official or a member of an eligible elected official's immediate family; and

(g) expenses related to education, workshops, and conference participation that are incurred to represent and serve constituents; and

(h) any other expenses incurred to provide constituent services subject to the requirements and prohibitions of the rules in this chapter.

(2) Continuing service account funds may be used to pay travel, meal, and lodging expenses subject to the following:

(a) An eligible elected official may be reimbursed for travel, meal, and lodging expenses incurred to provide constituent services at the rates and reimbursement levels specified in Title 2, chapter 18, part 5, MCA, and applicable rules adopted by the Department of Administration.

(b) An individual, other than a member of an eligible elected official's immediate family, may be reimbursed for travel, meal, and lodging expenses incurred under a written agreement with an eligible elected official to provide constituent services if such reimbursement does not exceed the rates and reimbursement levels specified in Title 2, chapter 18, part 5, MCA, and applicable rules adopted by the Department of Administration.

(c) A member of an eligible elected official's immediate family may not be reimbursed for travel, meal, and lodging expenses incurred to provide constituent services.

(3) If continuing service account funds are used to purchase office space, equipment, or supplies, the office space, equipment, or supplies purchased with continuing service account must be used exclusively to provide constituent services. When an eligible elected official leaves public office, any office space, equipment, or unused supplies purchased with continuing service account must be disbursed as provided in ARM 44.11.702.

(4) If continuing service account funds are used to reimburse an eligible elected official or a person, other than a member of an eligible elected official's immediate family, for office space, equipment, or supplies used, in whole or in part, to provide constituent services, all reimbursement payments and the basis for such payments must be documented in writing as provided in ARM 44.11.709. Any reimbursement for office space, equipment, or supplies must be based on the fair market value of the office space, equipment, and supplies used to provide constituent services.

(5) Nothing in this rule authorizes continuing service account funds to be used or expended in violation of the prohibitions in ARM 44.11.702, 44.11.703, and 44.11.706, 13-37-240, MCA, or Title 13, chapter 37, part 4, MCA.

(6) Continuing service account funds may not be used to pay:

(a) compensation to an eligible elected official for time spent or services rendered to provide constituent services, except as expressly provided in the rules in this chapter;

(b) compensation or any other payment to a member of an eligible elected official's immediate family for time spent or services rendered to provide constituent services;

(c) the cost of polls or public opinion surveys designed or intended to determine the attitudes and opinions of constituents or the public. However, nothing in this subsection prohibits an eligible elected official from encouraging a constituent to express an opinion about matters of interest to the constituent or matters that may be the subject of official action by the eligible elected official;

(d) the cost of all or any portion of an event, meeting, fundraiser, or gathering at which contributions as defined in 13-1-101, MCA, will be solicited or received by any person, including but not limited to, a political party, political party committee, candidate, or person or political committee supporting or opposing a candidate or ballot issue;

(e) any direct or indirect travel, lodging, meals, entertainment, or other expenses related to the sponsorship of, attendance at, or participation in an event, meeting, fundraiser, or gathering at which contributions as defined in 13-1-101, MCA, will be solicited or received by any person, including but not limited to, a political party, political party committee, candidate, or a person or political committee supporting or opposing a candidate or ballot issue;

(f) any direct or indirect expenditure to support or oppose a candidate or ballot issue;

(g) the cost of entertaining constituents or any other individual or person. However, nothing in this subsection prohibits an eligible elected official from using continuing service account funds to pay for food or drink provided at a publicly announced or publicly advertised meeting held for the general purpose of allowing constituents to participate in a public discussion of matters of interest to the constituents or an eligible elected official. The expenditures for food and drink at such a meeting must not be lavish or extravagant; and

(h) travel, meals, or lodging expenses incurred by a constituent or any individual other than an individual who has a written agreement to provide constituent services on behalf of an eligible elected official.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-401, 13-37-402, MCA
History: NEW, 2008 MAR p. 2009, Eff. 9/12/08; TRANS and AMD, from 44.10.540, 2016 MAR p. 28, Eff. 1/9/16; AMD, 2025 MAR, Notice No. 44-2-277, Eff. 1/25/25.

Mont. Admin. R. 44.11.708 Opening an Account

(1) An eligible elected official may establish a continuing service account under Title 13, chapter 37, part 4, MCA, 13-37-240, MCA, and the rules in this chapter, by filing a completed continuing service account form provided by the commissioner. The form shall require an eligible elected official to disclose and provide, as a minimum, the following:

(a) the name and elective office held by the eligible elected official establishing the continuing service account;

(b) the district or geographic area represented by the eligible elected official;

(d) the full name and mailing address of any individual other than the eligible elected official who is authorized to make expenditures from the account (the eligible elected official establishing the account must be one of the signatories on the account);

(e) the full name, mailing address, and telephone number that appears on the campaign account from which surplus campaign funds are being transferred for deposit in the continuing service account;

(f) the full name, mailing address, and telephone number of the financial institution at which the continuing service account has been established;

(g) a copy of the closing report for the campaign account from which surplus campaign funds are being transferred for deposit in the continuing service account;

(h) the amount of surplus campaign funds being deposited in the continuing service account;

(i) if all of the surplus campaign funds in the closed campaign account will not be deposited in the eligible elected official's continuing service account, the full name and mailing address of each contributor or entity receiving any portion of the surplus campaign funds pursuant to ARM 44.11.702; and

(j) for each payment of surplus campaign funds to a contributor or entity under the preceding subsection, the date on which the payment was made.

(2) The form must be signed by the eligible elected official and verified as required by 13-37-231, MCA.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-401, 13-37-402, MCA
History: NEW, 2008 MAR p. 2009, Eff. 9/12/08; TRANS and AMD, from 44.10.541, 2016 MAR p. 28, Eff. 1/9/16; AMD, 2025 MAR, Notice No. 44-2-277, Eff. 1/25/25.

Mont. Admin. R. 44.11.709 Records and Reporting

(1) An eligible elected official who establishes a continuing service account under Title 13, chapter 37, part 4, MCA, 13-37-240, MCA, and the rules in this chapter, must file quarterly reports with the commissioner's office after an account is opened. Reports must be filed on or before April 10, July 10, October 10, and January 10 in each calendar year until the account is closed as provided in ARM 44.11.711. A report must be filed even if no expenditures have been made during the reporting period. The reports must include all expenditures made and interest accrued through the end of the calendar quarter on which the quarterly report is due.

(2) Each report must contain, as a minimum, the following:

(a) the amount of money in the account at the beginning of the reporting period;

(b) the amount and rate of interest paid on money in the account during the reporting period pursuant to ARM 44.11.710;

(i) the full name, mailing address, occupation, and principal place of business (if any) of each person to whom expenditures were made; and

(ii) the amount, date, and general statement describing the constituent services that were the basis for each expenditure; and

(iii) the total amount of expenditures made to each person; and

(iv) the amount of money in the account at the end of the reporting period.

(3) Each report must be signed by the eligible elected official and verified as written by 13-37-231, MCA.

(4) An eligible elected official must maintain the following additional written documentation for each expenditure from a continuing service account:

(a) The basis for any fair market value determination to be made under the rules in this chapter.

(b) A written log or other documents identifying the date on which constituent services were provided, the street address and city at which the constituent services were provided, a statement describing the constituent services provided, and the full name and mailing address of at least one constituent on whose behalf the constituent services were provided.

(c) If the expenditure involves payments to a person other than the eligible elected official, a written receipt or invoice from the payee.

(d) If the expenditure involves reimbursement for travel, meal, or lodging expenses, it must be supported by receipts or other written documentation that satisfies applicable requirements of Title 2, chapter 18, part 5, MCA, and rules adopted by the Montana Department of Administration.

(e) If the expenditure involves costs incurred to communicate with constituents, it must be supported by receipts or other written documentation itemizing the basis for the communication expenditure.

(5) An eligible elected official may establish only one continuing service account and no secondary depositories or subaccounts may be established. An eligible elected official may only have one continuing service account open at a time.

(6) All records and reports that must be filed or maintained under the rules in this chapter must be retained by the eligible elected official for a period of two years after the continuing service account is closed.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-401, 13-37-402, MCA
History: NEW, 2008 MAR p. 2009, Eff. 9/12/08; TRANS and AMD, from 44.10.542, 2016 MAR p. 28, Eff. 1/9/16; AMD, 2025 MAR, Notice No. 44-2-277, Eff. 1/25/25.

Mont. Admin. R. 44.11.710 Interest Paid on Accounts

(1) Interest paid on a continuing service account established under Title 13, chapter 37, part 4, MCA, 13-37-240, MCA, and the rules in this chapter, may be received and used to provide constituent services if:

(a) the interest is deposited directly into the continuing service account;

(b) the interest is paid by a bank, savings and loan, credit union, brokerage firm, or other financial or investment entity subject to regulation by the state of Montana or an agency of the United States government; and

(c) the interest paid is the entity's prevailing money market, savings, or certificate of deposit rate paid to other investors or depositors with similar interest bearing accounts.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-401, 13-37-402, MCA
History: NEW, 2008 MAR p. 2009, Eff. 9/12/08; TRANS, from 44.10.543, 2016 MAR p. 28, Eff. 1/9/16; AMD, 2025 MAR, Notice No. 44-2-277, Eff. 1/25/25.

Mont. Admin. R. 44.11.711 Closing an Account – Disbursement of Surplus Account Funds

(1) An eligible elected official must close a continuing service account within 120 days after leaving public office as defined in ARM 44.11.701. The closing report must be filed on a form to be provided by the commissioner.

(2) A closing report must disclose the full name and mailing address of each contributor or entity receiving all or any portion of the funds in a continuing service account pursuant to ARM 44.11.702. The closing report must also disclose the date on which the payment was made to each contributor or entity.

History

Authorizing statute(s): 13-37-114, MCA
Implementing statute(s): 13-37-401, 13-37-402, MCA
History: NEW, 2008 MAR p. 2009, Eff. 9/12/08; TRANS and AMD, from 44.10.544, 2016 MAR p. 28, Eff. 1/9/16; AMD, 2025 MAR, Notice No. 44-2-277, Eff. 1/25/25.

Chapter 44.12 Commissioner of Political Practices -- Lobbyist Disclosure

Subchapter 44.12.1 General Policy - Lobbyist Disclosure

Mont. Admin. R. 44.12.101 Lobbying--Exemptions

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): Sec. 5-7-111, MCA
Implementing statute(s): Sec. 5-7-102, MCA
History: NEW, 1982 MAR p. 1208, Eff. 6/18/82; REP, 2002 MAR p. 2458, Eff. 9/13/02.

Mont. Admin. R. 44.12.101A PREAMBLE AND STATEMENT OF APPLICABILITY

44.12.101A PREAMBLE AND STATEMENT OF APPLICABILITY

(1) The 2002 rule revisions were the first substantive revision of the Montana Lobbyist Disclosure Act rules in 20 years. The 2002 revisions address inconsistencies and conflicts between the Act and previous rules, most of which were adopted in 1982. The commissioner of political practices determined that the 2002 rule changes only would be applied to legislative lobbying promoting or opposing the introduction or enactment of legislation before the legislature or legislators. Although rule language may appear to apply to non-legislative lobbying and legislative lobbying involving official action other than the introduction or enactment of legislation, the commissioner of political practices has determined that it is not possible to apply existing and new lobbying rules to these lobbying activities under the Montana supreme court decision in State Bar of Montana v. Krivec, 193 Mont. 477, 632 P.2d 707 (1981) . In Krivec, the court cited its 1903 decision in Bair v. Struck, 29 Mont. 45, 50, 74 P.69, 71, and applied the following definition of quasi-judicial functions:

(2) Based on the preceding, the commissioner has attempted to clarify legislative lobbying issues relating to promoting or opposing the introduction or enactment of legislation in 2002 rulemaking. It likely will be necessary to seek clarification of non-legislative lobbying issues in a future legislative session. Until the quasi-judicial function exemption and other non-legislative lobbying provisions of the Act are revised, either legislatively or via court decision, the rules will not be applied to non-legislative lobbying activities.

"Quasi-judicial functions are those which lie midway between the judicial and ministerial ones. The line separating them...[is] necessarily indistinct; but, in general terms, when the law, in words or by implication, commits to any officer the duty of looking into facts, and acting upon them, not in a way which it specifically directs, but after a discretion in its nature judicial, the function is termed quasi-judicial...."

"Where a power rests in judgment or discretion, so that it is of a judicial nature or character, but does not involve the exercise of the functions of a judge, or is conferred upon an officer other than a judicial officer, the expression used is generally "quasi-judicial.... The officer may not in strictness be a judge; still, if his powers are discretionary, to be exerted or withheld according to his own view of what is necessary and proper, they are in their nature judicial. Id., at page 483."

The Krivec court declared that "when an attorney seeks to influence a public official exercising a quasi-judicial function who is acting in a matter or field in which the public official has discretion, such an attorney is not engaged in lobbying under the terms of the Initiative" (Id., at p. 484) . The court went on to recognize that legislators are public officials under 5-7-102 (13) , MCA, but the quasi-judicial function exemption does not prevent the reporting of lobbying expenditures to support or oppose the introduction or enactment of legislation under 5-7-102 (6) (a) , MCA, (Id.) . Based on Krivec, it is difficult if not impossible to discern what actions fall "midway between the judicial and ministerial ones" and do not involve some exercise of discretion. It appears that most lobbying activities, except for the practice of promoting or opposing the introduction or enactment of legislation before the legislature or legislators, are exempt from reporting under Krivec.

History

Authorizing statute(s): Sec. 5-7-111, MCA
Implementing statute(s): Sec. 5-7-101, MCA
History: NEW, 2002 MAR p. 2458, Eff. 9/13/02; AMD, 2004 MAR p. 1979, Eff. 8/20/04.

Mont. Admin. R. 44.12.102 Lobbying--Definitions and Scope--Reportable Activities

For purposes of Title 5, chapter 7, MCA, and this chapter:

(1) "Compensation" includes:

(a) all direct or indirect payments of salaries, fees, wages, and benefits by a principal to a lobbyist or an individual engaged in lobbying activities to lobby or to support or assist a lobbying activity. The term includes, but is not limited to, all payments made to a lobbyist or an individual engaged in lobbying activities to lobby or to support or assist a lobbying activity for overtime, compensatory time, retirement, health insurance, membership fees for social, civic and professional organizations, life insurance, professional liability insurance, unemployment, worker's compensation, personal use of a vehicle, rental car payments, disability insurance, and other benefits; and

(b) the term "compensation" does not include personal living expenses of a lobbyist or an individual engaged in lobbying activities that are reimbursed by a principal.

(2) "Direct communication" includes face-to-face meetings, telephone conversations, and written or electronic correspondence or communication with a public official.

(3) "Lobbying" shall have the definition set forth in 5-7-102 (11) (a) , MCA. Unless otherwise exempted from the definition of "lobbying" by Title 5, chapter 7, MCA, or this chapter, lobbying shall include:

(a) any direct communication by a lobbyist or an individual engaged in lobbying activities with a public official to promote or oppose official action;

(b) all time spent by a lobbyist or an individual engaged in lobbying activities to present oral or written testimony to one or more public officials promoting or opposing official action by any public official or group of public officials, including the legislature or a committee of the legislature; or

(4) "Lobbying activity" or "lobbying activities" mean actions or efforts by a lobbyist or an individual to lobby or to support or assist lobbying, including preparation and planning activities after a decision has been made to support or oppose official action, and research and other background work that is intended, at the time it is performed, for use in lobbying or to support or assist lobbying activities. The terms "lobbying activity" or "lobbying activities" do not include:

(a) information or testimony submitted to the legislature or a legislative committee in response to a subpoena issued under 5-5-101 through 5-5-105 , MCA;

(b) actions of public officials in performing judicial, quasi-judicial, or ministerial acts; or the actions of any person to influence the actions of public officials in performing judicial, quasi-judicial, or ministerial acts ( 5-7-102 (16) , MCA) ;

(c) activities of an employee or representative of a radio, newspaper, magazine, television, cable television, or other medium of mass communication in gathering and disseminating news and information to the general public;

(d) activities involving a bona fide news story, commentary, or editorial distributed through the facilities of any radio, television, broadcasting station, newspaper, magazine; or other periodical publication of general circulation;

(e) activities involving communications by a membership organization or corporation to its members, shareholders, or employees;

(f) information or testimony compelled by statute, rule, executive order, or other action of the legislature, the governor, or a state agency, including information or testimony compelled by a state contract, grant, loan, permit, or license; or

(g) information or testimony provided in response to an oral or written request from a legislative committee, the legislature, or a public official made during a public hearing or other public proceeding if the information or testimony solicited during the public hearing or public proceeding does not support or oppose the official action under consideration.

(5) "Lobbyist" shall have the definition set forth in 5-7-102 (12) , MCA. The term "lobbyist" does not include:

(a) an individual lobbying or acting on his/her own behalf ( 5-7-102 (12) (b) (i) , MCA) ;

(b) a public official (including a legislator) , an elected local official, an elected federal official, or an elected tribal official who promotes or opposes the introduction or enactment of legislation before the legislature or the members of the legislature ( 5-7-102 (11) (b) , MCA) ;

(c) an individual working for the same principal as a licensed lobbyist if the individual does not have direct communication with a public official to support or oppose official action on behalf of the principal ( 5-7-102 (12) (b) (ii) , MCA) ; or

(d) an individual who receives payments from one or more persons that total less than the amount specified in 5-7-112 , MCA, in a calendar year ( 5-7-102 (12) (b) (iii) , MCA) .

(6) "Major effort to support, oppose, or modify official action" in 5-7-208 (5) (d) , MCA, means any official action on which a principal's lobbyist, employee, officer, agent, attorney, or representative engages in direct communication with any public official on two or more occasions to support, oppose, or modify the official action.

(7) "Official action" means a vote, decision, recommendation, approval, disapproval, or other action, including inaction, that involves the use of discretionary authority by the legislature or a member of the legislature concerning the introduction or enactment of legislation.

(8) "Payment" shall have the definitions set forth in 5-7-102 (13) , MCA. The term includes salary, fees, compensation, or anything of value to be paid to a lobbyist or an individual engaged in lobbying activities, pursuant to a contract, including payments to be made in the future, after services are rendered by the lobbyist or the individual engaged in lobbying activities. The term does not include payments or reimbursements for personal and necessary living expenses, but includes travel expenses if a principal is required to report payments pursuant to 5-7-208 , MCA.

(9) "Personal and necessary living expenses" means payments or reimbursement by a principal to a lobbyist or an individual engaged in lobbying activities for meals, food, lodging, or residential utilities.

(10) "Principal" shall have the definition set forth in 5-7-102 (15) , MCA.

(11) "Public official" shall have the definition set forth in 5-7-102 (16) , MCA, and as specifically designated in ARM 44.12.106 and 44.12.106A.

(12) "Travel expenses" means payments or reimbursement for transportation costs, including rental car payments.

History

Authorizing statute(s): Sec. 5-7-111, MCA
Implementing statute(s): Sec. 5-7-102, MCA
History: NEW, 1997 MAR p. 1994, Eff. 11/4/97; AMD, 2002 MAR p. 2458, Eff. 9/13/02; AMD, 2004 MAR p. 1979, Eff. 8/20/04.

Mont. Admin. R. 44.12.103 Lobbyists and Lobbying Support Personnel--Reporting of Information to Principal

(1) It is the duty of each individual lobbyist or individual whose activities are covered by Title 5, chapter 7, MCA, to maintain records relating to information required to be reported and exemptions claimed. Each individual lobbyist and individual engaged in lobbying activities must timely transmit such information to the lobbyist's or individual's principal to allow timely reporting by the principal.

(2) Except as provided in (3) , the records submitted to a principal by a lobbyist or an individual who is paid to lobby or who is paid to support or assist a lobbying activity must, for each reporting period specified in 5-7-208 , MCA:

(a) identify each calendar day on which the lobbyist or the individual was paid to lobby or to support or assist a lobbying activity;

(b) indicate the reportable time spent by a lobbyist or an individual lobbying or assisting or supporting a lobbying activity for each calendar day identified in (2) (a) ; and

(c) identify each official action on which the lobbyist or the individual lobbied or supported or assisted a lobbying activity during the reporting period. The official action identified under this subsection must include sufficient detail to enable a principal to file a report required by 5-7-208 (5) (d) , MCA, and ARM 44.12.202. The following are examples of official action descriptions that satisfy the requirements of this subsection:

(i) identification of proposed or introduced legislation by bill draft request number or bill or resolution numbers (e.g., opposed HB 62 or supported SB 381, with amendments) ; or

(ii) using descriptive phrases that adequately describe the official action supported, opposed, or modified (e.g., senate resolution 6, supported confirmation of Gayle Smith to be director of department of administration) .

(3) The daily itemization requirements of (2) (a) and (b) do not apply to a lobbyist or an individual engaged in lobbying activities if all compensation and reimbursement paid by a principal will be reported as provided in ARM 44.12.203(1) (a) , 44.12.205(1) and (2) , 44.12.207(2) (a) , or 44.12.211(1) (a) .

History

Authorizing statute(s): Sec. 5-7-111, MCA
Implementing statute(s): Sec. 5-7-208, 5-7-212, MCA
History: NEW, 1982 MAR p. 1208, Eff. 6/18/82; AMD, 2002 MAR p. 2458, Eff. 9/13/02; AMD, 2004 MAR p. 1979, Eff. 8/20/04.

Mont. Admin. R. 44.12.104 Personal Living Expenses--Limitations and Records

(1) The exemption from reporting personal living expenses in 5-7-102 (13) (b) (i) , MCA, is limited to actual and necessary personal living expenses incurred by a lobbyist or an individual engaged in lobbying activities.

(2) All personal living expenses claimed by a lobbyist or an individual engaged in lobbying activities and reimbursed by a principal must be supported by a written receipt from the third party payee, except that a lobbyist or an individual engaged in lobbying activities may be reimbursed by a principal in an amount not to exceed $10 per day for incidental personal living expenses without a receipt from third party payees.

(3) If a lobbyist or an individual engaged in lobbying activities received payments for personal living expenses from more than one principal, the total payments made to the lobbyist or the individual engaged in lobbying activities for personal living expenses may not exceed 100% of the actual and necessary personal living expenses incurred by the lobbyist or the individual engaged in lobbying activities.

(4) Each principal making payments for the personal living expenses of a lobbyist or an individual engaged in lobbying activities may only withhold from reporting the principal's proportional share of the personal living expenses paid by the principal to the lobbyist or the individual engaged in lobbying activities.

(5) A lobbyist or an individual engaged in lobbying activities receiving payments for personal living expenses from more than one principal is responsible for reporting to each principal the total personal living expenses incurred by the lobbyist or the individual engaged in lobbying activities in each reporting period and the proportional amount of personal living expenses that each principal is obligated to pay. For example, Lobbyist J incurs $6,000 of personal living expenses in a legislative year. Lobbyist J is reimbursed for personal living expenses by four different principals and the four principals are responsible for paying the following proportional amounts: Principal T (50%) ; Principal X (20%) ; Principal Y (20%) ; and Principal Z (10%) . The four principals are exempt from reporting the following payments to Lobbyist J for personal living expenses:

(a) Principal T (50%) , $3,000;

(b) Principal X (20%) , $1,200;

(d) Principal Z (10%) , $600.

History

Authorizing statute(s): Sec. 5-7-102, 5-7-111, MCA
Implementing statute(s): Sec. 5-7-102, MCA
History: NEW, 2002 MAR p. 2458, Eff. 9/13/02; AMD, 2004 MAR p. 1979, Eff. 8/20/04.

Mont. Admin. R. 44.12.105 State Government Agencies--Lobbying--Definitions and Reporting

(1) Agencies of state government as defined in 2-15-102 (2), MCA, and the offices of elected and appointed public officials designated in ARM 44.12.106 and 44.12.106A that engage in lobbying are principals subject to the requirements of Title 5, chapter 7, MCA, and this chapter. State agencies and the offices of public officials designated in ARM 44.12.106 and 44.12.106A are exempt from reporting the following actions as lobbying activities:

(a) recommendations or reports to the legislature or a committee thereof, or a public official, in response to a request expressly requesting or directing a specific study, recommendation, or report by an agency on a particular subject;

(b) any duty that is mandated by law, rule, or executive order, such as the governor's annual message to the legislature;

(c) budget preparation activities related to preparation and submittal of the governor's executive budget as required by Article VI, section 9 of the Montana Constitution (5-7-211, MCA);

(d) the actions of elected and appointed public officials designated in ARM 44.12.106 and 44.12.106A while acting in their official capacity for state government to promote or oppose the introduction or enactment of legislation before the legislature or the members of the legislature (5-7-102(11)(b), MCA); and

(e) information or testimony provided in response to a request from the legislature, a legislative committee, or a public official if the information or testimony does not support or oppose the official action under consideration.

(2) Except as provided in (1) and unless otherwise exempted by Title 5, chapter 7, MCA, or other provisions of this chapter:

(a) the employees, agents, officers, and attorneys of a public official designated in ARM 44.12.106 and 44.12.106A and a state agency defined in 2-15-102(2), MCA, who are paid, reimbursed, or retained to lobby must register as lobbyists if they receive payments equal to or greater than the amount specified under 5-7-112 , MCA; and

(b) each agency of state government and each office of a public official must file reports under Title 5, chapter 7, MCA, and these rules concerning the activities of their lobbyists or individuals who lobby or support or assist a lobbying activity. State agencies and the offices of elected or appointed public officials shall file consolidated lobbying reports covering the lobbying activities of all lobbyists or individuals engaged in lobbying activities as follows:

(i) The offices of an elected or appointed public official shall file a consolidated lobbying report covering the lobbying activities of all lobbyists or individuals who lobby or assist or support a lobbying activity. If an elected public official is a member of a multi-member tribunal (e.g., the Montana supreme court) or a board or commission (e.g., the Montana public service commission) , the tribunal, board, or commission shall file a consolidated report including the lobbying activities of the lobbyists or the individuals engaged in lobbying activities for each elected public official who is a member of the tribunal, board, or commission.

(ii) A state agency shall file a consolidated lobbying report covering the lobbying activities of all its lobbyists or individuals who lobby or support or assist a lobbying activity. However, a state agency may elect not to file a report concerning lobbying activities by boards, commissions, or entities that are attached for administrative purposes only as defined in 2-15-121, MCA, or that have otherwise been granted autonomy to act under Montana law. If an agency elects not to include in its lobbying report the lobbying activities of any boards, commissions, or entities that are attached for administrative purposes only or entities that exercise autonomous powers, the agency shall specifically identify the boards, commissions, or entities not included in the state agency's lobbying report.

History

Authorizing statute(s): 5-7-111, MCA
Implementing statute(s): 5-7-111, 5-7-208, 5-7-211, MCA
History: NEW, 1982 MAR p. 1208, Eff. 6/18/82; AMD, 2002 MAR p. 2458, Eff. 9/13/02; AMD, 2004 MAR p. 1979, Eff. 8/20/04.

Mont. Admin. R. 44.12.106 Elected Public Officials

(1) To provide guidance and certainty in identifying who is a public official as defined in 5-7-102 (16) , MCA, and an elected state official as defined in 5-7-102 (7) , MCA, the following are deemed to be an elected public official acting in his/her official capacity for state government:

(a) the governor;

(b) the lieutenant governor;

(d) the attorney general;

(e) the state auditor;

(f) the superintendent of public instruction;

(g) public service commissioners;

(h) justices of the supreme court;

(i) district court judges;

(j) the clerk of the supreme court; and

(k) legislators.

History

Authorizing statute(s): Sec. 5-7-102, MCA
Implementing statute(s): Sec. 5-7-102, MCA
History: NEW, 2002 MAR p. 2458, Eff. 9/13/02; AMD, 2004 MAR p. 1979, Eff. 8/20/04.

Mont. Admin. R. 44.12.106A APPOINTED PUBLIC OFFICIALS

44.12.106A APPOINTED PUBLIC OFFICIALS

(1) To provide guidance and certainty in identifying who is a public official as defined in 5-7-102(16), MCA, and an appointed state official as defined in 5-7-102(1), MCA, the following are deemed to be an appointed public official acting in his/her official capacity for state government:

(a) any individual appointed to public office by the Governor or the chief justice of the Montana Supreme Court and subject to Montana senate confirmation. This includes, but is not limited to, individuals appointed under 2-15-111, 2-15-124, 2-15-1505, 2-15-1507, 2-15-1707, and 3-1-1001 through 3-1-1014, MCA;

(b) the Commissioner of Political Practices appointed under 13-37-102, MCA;

(d) any individual appointed to serve as a member of the Judicial Nomination Commission under 3-1-1001, MCA;

(e) any individual appointed to serve as a member of the Judicial Standards Commission under 3-1-1101 and 3-1-1102, MCA;

(f) any individual appointed to serve as a member of the Districting and Apportionment Commission under 5-1-101 and 5-1-102, MCA;

(g) any individual who is appointed by the Board of Regents of Higher Education to serve as:

(i) the commissioner of higher education; or

(ii) the chief executive officer of a campus of the Montana university system; and

(h) any individual appointed by the board of trustees of a community college to serve as president.

History

Authorizing statute(s): 5-7-102, MCA
Implementing statute(s): 5-7-102, MCA
History: NEW, 2002 MAR p. 2458, Eff. 9/13/02; AMD, 2004 MAR p. 1979, Eff. 8/20/04.

Mont. Admin. R. 44.12.107 Local Government Lobbying--Definitions and Reporting

(1) A local government entity, which includes but is not limited to a county, a consolidated government, an incorporated city or town, a school district, or a special district, that engages in lobbying is a principal subject to the requirements of Title 5, chapter 7, MCA, and this chapter. A local government entity is exempt from reporting the following actions as lobbying activities:

(b) any duty that is mandated by law, rule or executive order, such as the governor's annual message to the legislature;

(c) budget preparation activities related to preparation and submittal of the governor's executive budget as required by Article VI, section 9 of the Montana Constitution ( 5-7-211 , MCA) ;

(d) information or testimony provided in response to a request from the legislature, a legislative committee, or a public official if the information or testimony does not support or oppose the official action under consideration; and

(e) the actions of elected local officials while acting in their official capacity for a local government entity to promote or oppose the introduction or enactment of legislation before the legislature or the members of the legislature ( 5-7-102 (11) (b) , MCA) .

(2) Except as provided in (1) and unless otherwise exempted by Title 5, chapter 7, MCA, or other provisions of this chapter:

(a) the employees, agents, officers, and attorneys of a local government entity who are paid, reimbursed, or retained to lobby must register as lobbyists if they receive payments equal to or greater than the amount specified under 5-7-112 , MCA; and

(b) each local government entity must file reports under Title 5, chapter 7, MCA, and this chapter concerning the activities of their lobbyists or their individuals who lobby or support or assist a lobbying activity. Local government entities shall file consolidated lobbying reports covering the lobbying activities of all employees, officers, attorneys, and agents.

History

Authorizing statute(s): Sec. 5-7-111, MCA
Implementing statute(s): Sec. 5-7-102, 5-7-111, 5-7-208, 5-7-211, MCA
History: NEW, 1982 MAR p. 1208, Eff. 6/18/82; AMD, 1994 MAR p. 2749, Eff. 10/14/94; AMD, 2002 MAR p. 2458, Eff. 9/13/02; AMD, 2004 MAR p. 1979, Eff. 8/20/04.

Mont. Admin. R. 44.12.108 Lobbying by Federal Agencies and Tribal Representatives

(1) Federal government agencies and Indian tribes that engage in lobbying are principals, and are subject to the same lobbying reporting requirements and entitled to the same or equivalent exemptions from reporting as state and local government agencies, as described in ARM 44.12.105 and 44.12.107. Pursuant to 5-7-102 , MCA, the activities of elected federal officials and elected tribal officials, as defined in 5-7-102 , MCA, when acting in an official governmental capacity, are not reportable lobbying activities.

History

Authorizing statute(s): Sec. 5-7-111, MCA
Implementing statute(s): Sec. 5-7-102, MCA
History: NEW, 2004 MAR p. 1979, Eff. 8/20/04.

Mont. Admin. R. 44.12.109 Personal Financial Disclosure by Elected Officials

(TRANSFERRED to 44.10.621)

History

Authorizing statute(s): Sec. 5-7-111, MCA
Implementing statute(s): Sec. 5-7-102(12), MCA
History: NEW, 1982 MAR p. 1208, Eff. 6/18/82; AMD, 1986 MAR p. 128, Eff. 1/31/86; TRANS & AMD, 1996 MAR p. 2195, Eff. 8/9/96.

Subchapter 44.12.2 Reporting of Lobbying Expenditures by Principals Right to Hearing

Mont. Admin. R. 44.12.201 Reporting of Contributions and Membership Fees

(1) As used in 5-7-208 (5) (c) , MCA, a contribution or membership fee is considered to be paid for the purpose of lobbying and therefore reportable by a principal if it is:

(a) solicited by the recipient to be used primarily for payment of lobbying expenses;

(b) paid to a group formed or existing primarily for the purpose of lobbying; or

History

Authorizing statute(s): 5-7-111, MCA
Implementing statute(s): 5-7-208(5) (c), MCA
History: NEW, 1982 MAR p. 1208, Eff. 6/18/82; AMD, 2002 MAR p. 2458, Eff. 9/13/02.

Mont. Admin. R. 44.12.202 Principals--Reports--Maintenance of Records

(1) Pursuant to 5-7-208 , MCA, a principal who makes payments that exceed the amount specified in 5-7-112 , MCA, to one or more lobbyists or individuals engaged in lobbying activities during a calendar year shall report payments made to each lobbyist or individual for lobbying or to support or assist a lobbying activity as follows:

(a) To determine whether a principal has made payments exceeding the threshold amount in 5-7-112 , MCA, during a calendar year, the principal must include all payments made to lobbyists and to individuals engaged in lobbying activities, excluding payments or reimbursements for personal and necessary living and travel expenses.

(b) If a principal does not make payments that exceed the threshold amount in 5-7-112 , MCA, to one or more lobbyists or individuals engaged in lobbying activities during a calendar year as provided in (1) (a) , then the principal does not have to report any payments made.

(c) If a principal makes payments that exceed the threshold amount in 5-7-112 , MCA, to one or more lobbyists or individuals engaged in lobbying activities during a calendar year as provided in (1) (a) , then all payments (excluding personal and necessary living expenses) made to a lobbyist or an individual engaged in lobbying activities, including those payments excluded in determining whether the amount in 5-7-112 , MCA, was exceeded by the principal, must be reported under 5-7-208 , MCA, and these rules. Although travel expenses paid to a lobbyist or an individual engaged in lobbying activities are excluded from the threshold payment determination under (1) (a) , all payments or reimbursements for travel expenses to a lobbyist or an individual engaged in lobbying activities, including travel expense payments excluded from the determination of whether the amount in 5-7-112 , MCA, was exceeded by the principal, must be reported under 5-7-208 , MCA, and ARM 44.12.205 (5) once payments to a lobbyist or for lobbying activities exceed the threshold amount for a calendar year as provided in 5-7-112 , MCA.

(2) Even if a principal declares that it made no payments for lobbying activities during a reporting period, a principal subject to the reporting requirements of 5-7-208 , MCA, must file a lobbying report as provided in 5-7-208 (4) , MCA.

(3) Principals must report each official action on which the principal's lobbyists or individuals engaged in lobbying activities exerted a major effort to support, oppose, or modify official action, together with a statement of the principal's position supporting or opposing the official action ( 5-7-208 (5) (d) , MCA) .

(4) Principals must identify each official action reportable under 5-7-208 (5) (d) , MCA, by using descriptive phrases, legislative bill draft request numbers, or legislative bill or resolution numbers as provided in ARM 44.12.103 (2) (c) .

(5) A principal must retain all records supporting the reports filed under Title 5, chapter 7, MCA, for three years from the date of filing as required by 5-7-212 , MCA.

History

Authorizing statute(s): 5-7-111, MCA
Implementing statute(s): 5-7-208, MCA
History: NEW, 1997 MAR p. 1994, Eff. 11/4/97; AMD, 2002 MAR p. 2458, Eff. 9/13/02; AMD, 2004 MAR p. 1979, Eff. 8/20/04.

Mont. Admin. R. 44.12.203 Principals--Reporting of Compensation Paid to Lobbyists

(1) Pursuant to 5-7-208 (5) (a) , MCA, reports filed by principals shall disclose compensation paid to lobbyists in the following manner:

(a) If the compensation paid is a periodic, lump sum, or contingent fee and the primary purpose of the contract is for lobbying or to support or assist lobbying activities, the entire amount of the fee shall be reported.

(b) If the lobbyist or the individual engaged in lobbying activities is a salaried employee or officer of the principal, and his duties include lobbying or support or assistance for lobbying activities, the compensation may be allocated and reported on a daily basis or on an hourly basis based on the amount of time the lobbyist or the individual is engaged in lobbying or in supporting or assisting lobbying activities.

(c) If the compensation paid is a fee for services that includes lobbying or supporting or assisting lobbying activities but not as the primary purpose of the contract, either:

(i) the proportion of the total fee that equals the proportion of the total time spent lobbying or supporting or assisting lobbying activities on behalf of the principal shall be reported; or

(ii) if the principal is being billed on an hourly basis, the compensation paid for the actual time billed for lobbying or supporting or assisting lobbying activities on behalf of the principal shall be reported.

(2) In calculating and reporting compensation paid to a lobbyist or an individual for lobbying or to support or assist lobbying activities as provided in (1) (b) and (c) , a fraction of an hour for each day that a lobbyist or an individual lobbies or supports or assists lobbying activities shall be rounded up to the nearest quarter of an hour and so reported. For example, Lobbyist A reports to Principal White Hat that she spent the following time lobbying or assisting or supporting lobbying activities for the February 15 reporting period in a legislative year:

DATE HOURS

1/12 3.2

1/13 4.8

1/16 2.1

1/28 1.3

Total 11.4

Principal White Hat must, for each of the four days Lobbyist A engaged in lobbying or supported or assisted a lobbying activity, calculate and report Lobbyist A's time as follows:

DATE HOURS

1/12 3.2 is reported as 3.25

1/13 4.8 is reported as 5.00

1/16 2.1 is reported as 2.25

1/28 1.3 is reported as 1.50

Total 11.4 is reported as 12.00

Principal White Hat must report 12 hours (not 11.4 hours) of time for Lobbyist A at the hourly compensation paid to Lobbyist A in the February 15 lobbying report.

History

Authorizing statute(s): 5-7-111, MCA
Implementing statute(s): 5-7-111, 5-7-208, MCA
History: NEW, 1982 MAR p. 1208, Eff. 6/18/82; AMD, 2002 MAR p. 2458, Eff. 9/13/02; AMD, 2004 MAR p. 1979, Eff. 8/20/04.

Mont. Admin. R. 44.12.204 Payment Threshold--Inflation Adjustment

(1) Pursuant to the operation specified in 5-7-112, MCA, the adjusted payment threshold for calendar years 2025 and 2026 is $3,000.

History

Authorizing statute(s): 5-7-111, MCA
Implementing statute(s): 5-7-112, MCA
History: NEW, 2005 MAR p. 387, Eff. 3/18/05; AMD, 2006 MAR p. 2982, Eff. 12/8/06; AMD, 2010 MAR p. 2411, Eff. 10/15/10; AMD, 2013 MAR p. 182, Eff. 2/1/13; AMD, 2015 MAR p. 28, Eff. 1/16/15; AMD, 2017 MAR p. 101, Eff. 1/7/17; AMD, 2019 MAR p. 63, Eff. 1/12/19; AMD, 2021 MAR p. 78, Eff. 1/16/21; AMD, 2023 MAR p. 185, Eff. 2/25/23; AMD, 2025 MAR, Notice No. 44-2-277, Eff. 1/25/25.

Mont. Admin. R. 44.12.205 Principals--Reporting of Reimbursed Expenses of Lobbyists

(1) If a principal reimburses a lobbyist or an individual for actual expenses incurred for lobbying or to support or assist a lobbying activity (excluding personal and necessary living expenses) , the actual reimbursed expenses must be reported.

(2) If the lobbyist or the individual engaged in lobbying activities is being paid a periodic, lump sum, or contingent fee and the primary purpose of the contract is for lobbying services, all reimbursed expenses (excluding personal and necessary living expenses) shall be reported.

(3) If the lobbyist or the individual engaged in lobbying activities is being paid a fee and lobbying services are a part of the contract, only those expenses or the portion of them that are related to or incurred in lobbying or in providing support or assistance for a lobbying activity on behalf of the principal shall be reported (excluding personal and necessary living expenses) .

(4) If the expenses are incurred by a salaried employee or officer of the principal whose duties include lobbying, only those reimbursed expenses (excluding personal and necessary living expenses) or the proportion of them that are related to or incurred in lobbying or in providing support or assistance for a lobbying activity on behalf of the principal shall be reported.

(5) Travel expenses of a lobbyist or an individual engaged in lobbying activities that are paid or reimbursed by a principal shall not be included by the principal in calculating whether the threshold amount in 5-7-112 , MCA, has been exceeded by the principal. However, once a principal has made payments exceeding the amount in 5-7-112 , MCA, all travel expenses of a lobbyist or an individual engaged in lobbying activities that were paid or reimbursed by a principal (including those excluded in determining whether the amount in 5-7-112 , MCA, was exceeded by the principal) shall be reported by the principal.

History

Authorizing statute(s): 5-7-111, MCA
Implementing statute(s): 5-7-111, 5-7-208, MCA
History: NEW, 1982 MAR p. 1208, Eff. 6/18/82; AMD, 2002 MAR p. 2458, Eff. 9/13/02; AMD, 2004 MAR p. 1979, Eff. 8/20/04.

Mont. Admin. R. 44.12.207 Principals--Reporting of Office and Miscellaneous Expenses

(1) Principals shall report payments to influence official action, including payments to a lobbyist or an individual to lobby or to support or assist a lobbying activity, for each expense category in 5-8-208 (5) (a) , MCA.

(2) If a principal provides at the principal's expense office space, utilities, supplies, and equipment to a lobbyist or an individual to lobby or to support or assist a lobbying activity, the principal shall report the cost of providing such office space, utilities, supplies, and equipment as follows:

(a) If the actual cost of providing office space, utilities, supplies, and equipment can be determined and the actual cost is less than $5,000 for a reporting period, then actual cost may be reported. In the alternative, a principal may report that office space, utilities, supplies, and equipment were provided to a lobbyist or an individual engaged in lobbying activities during the reporting period and the cost of providing such office space, utilities, supplies, and equipment was:

(i) $1,000 or less for the reporting period; or

(ii) more than $1,000 but less than $5,000 for the reporting period.

(b) If the cost of providing office space, utilities, supplies, and equipment to a lobbyist or an individual engaged in lobbying activities during a reporting period is $5,000 or more, then the actual cost must be determined and provided.

(c) If the cost of providing office space, utilities, supplies, and equipment to a lobbyist or an individual engaged in lobbying activities is reported as provided in (2) (a) (i) or (ii) , the principal must make a good faith determination of such expenses and retain all calculations and records relied on as provided in ARM 44.12.202 . If the actual cost of providing office space, utilities, supplies, and equipment can be determined but is not reported as provided in (2) (a) (i) and (ii) , the actual cost determination must be retained as a record under ARM 44.12.202 .

(3) Nothing in this rule requires a principal to report the cost of office space, utilities, supplies, and equipment for a lobbyist or an individual engaged in lobbying activities if the lobbyist or the individual engaged in lobbying activities is responsible for paying the cost of the office space, supplies, equipment, and utilities out of the amount paid to the lobbyist or individual engaged in lobbying activities. If, however, the lobbyist or the individual engaged in lobbying activities is reimbursed by the principal for any office space, supplies, support personnel, equipment, or utility costs incurred as part of a lobbying activity, the amount of such reimbursement must be reported.

History

Authorizing statute(s): 5-7-111, MCA
Implementing statute(s): 5-7-111, 5-7-208, MCA
History: NEW, 1982 MAR p. 1208, Eff. 6/18/82; AMD, 2002 MAR p. 2458, Eff. 9/13/02; AMD, 2004 MAR p. 1979, Eff. 8/20/04.

Mont. Admin. R. 44.12.209 Principals--Reporting of Costs of Entertainment and Social Events

(1) A principal shall report the cost of entertainment and social events, including but not limited to meals, parties, cocktail parties, shows, movies, buffets, receptions, sporting events, membership fees for clubs, or other similar functions, as follows: payments made by the principal, the lobbyist, or an individual engaged in lobbying activities for the benefit of the public officials who attend the event, including tips or gratuities, must be reported as a lobbying expenditure and, if applicable, itemized as provided in 5-7-208 (5) (b) , MCA, if:

(a) if one or more public officials are invited and attend the event, all payments made by the principal, the lobbyist, or an individual engaged in lobbying activities for the benefit of the public officials who attend the event, including tips or gratuities, must be reported as a lobbying expenditure and, if applicable, itemized as provided in 5-7-208 (5) (b) , MCA, if:

(i) a principal's lobbyist, employee, officer, agent, attorney, or individual engaged in lobbying activities lobbies a public official during the event;

(ii) the event includes a program by a principal's lobbyist, employee, agent, attorney, or officer concerning proposed or pending official action; or

(iii) the event is paid for at the request or suggestion of a lobbyist or an individual for the purpose of supporting or assisting a lobbying activity.

(2) To determine whether the itemization requirements of 5-7-208 (5) (b) , MCA, apply, a principal shall calculate the benefit to a public official as follows:

(a) If the benefit to a public official can be determined based on actual expenditures made, then actual expenditures must be used to determine whether the itemization requirements of 5-7-208 (5) (b) , MCA, apply. For example, Principal White Hat's lobbyist takes two state representatives to dinner to lobby for their support of Principal White Hat's legislation. Rep. B orders a $30 dinner and $15 in drinks. Rep. S is ill and orders only a salad and a glass of milk (total cost for Rep. S, $6) . The lobbyist spends $26 on himself. The total bill, including tip, is $89. Principal White Hat must report $51 ($45 for Rep. B and $6 for Rep. S) , plus a proportionate share of the tip, as an entertainment expense and must report $45 plus a proportionate share of the tip as a benefit to Rep. B under 5-7-208 (5) (b) (i) , MCA. Rep. S does not have to be identified under 5-7-208 (5) (b) (i) , MCA, because the personal benefit to him was less than $25 and the $100 separate itemization requirement of 5-7-208 (5) (b) (ii) , MCA, does not apply because the event cost less than $100.

(b) If the benefit to a public official cannot be determined based on actual expenditures because of the size or type of event (e.g., a large reception for all 150 legislators with an open bar which is also attended by a large number of other lobbyists, principals, and friends) , the benefit to a public official in attendance shall be determined based on the total cost of the event, including tips or gratuities, divided by the total number of attendees. The per capita cost of the event becomes the benefit to each public official who attended the event. If the per capita cost of the event is $12 per person and 30 legislators attend the event, then $360 must be reported as an entertainment expense.

History

Authorizing statute(s): 5-7-111, MCA
Implementing statute(s): 5-7-208, MCA
History: NEW, 1982 MAR p. 1208, Eff. 6/18/82; AMD, 2002 MAR p. 2458, Eff. 9/13/02; AMD, 2004 MAR p. 1979, Eff. 8/20/04.

Mont. Admin. R. 44.12.211 Allocation of Time and Costs--Alternative Reporting Method

(1) A principal may use the following alternatives to report payments made to a lobbyist or an individual to lobby or to support or assist a lobbying activity:

(a) if most or all of the time spent by a lobbyist or an individual during a reporting period is devoted to lobbying or supporting or assisting lobbying activities, the total sum of all compensation paid to the person during the period may be reported as lobbying payments;

(b) if less than all of the time spent by a lobbyist or an individual is devoted to lobbying or supporting or assisting lobbying activities, then the sum reportable may be calculated as the proportion of the total compensation paid that equals the proportion of the total hours or days spent lobbying or supporting or assisting lobbying activities during the reporting period. For example, if a lobbyist or an individual engaged in lobbying activities is paid $500 per week and spends the equivalent of two days lobbying or supporting or assisting lobbying activities, then $200 may be reported by his principal as lobbying payments; and

(c) office space, utilities, supplies, equipment, and salary payments made to support or assist a lobbyist or an individual engaged in lobbying or a lobbying activity may be reported as a proportion of total expenses for the reporting period. If it can be reasonably determined that a given proportion of total expenses during a period were related to lobbying or supporting or assisting lobbying activities, a principal may report the proportion of total expenses for the period that equals the proportion of time and budget spent on lobbying or supporting or assisting lobbying activities.

(2) A principal who uses the alternative reporting methods described in (1) (b) and (c) shall retain all calculations and records used to determine the amount reported as required by 5-7-212 , MCA, and ARM 44.12.202 .

History

Authorizing statute(s): 5-7-111, MCA
Implementing statute(s): 5-7-111, 5-7-208, MCA
History: NEW, 1982 MAR p. 1208, Eff. 6/18/82; AMD, 2002 MAR p. 2458, Eff. 9/13/02; AMD, 2004 MAR p. 1979, Eff. 8/20/04.

Mont. Admin. R. 44.12.212 Licenses--Fees--Waiver--Hearing

(1) A lobbyist employed by one or more principals must complete and file with the commissioner a lobbyist license application (form L-1) within five business days after receiving payment or payments from one or more principals equaling or exceeding the amount specified in 5-7-112 , MCA. Forms are available upon request from the office of the Commissioner of Political Practices, P.O. Box 202401, Helena, Montana 59620-2401, telephone (406) 444-2942. The forms may also be downloaded from the office's web site at http://politicalpractices.mt.gov/ .

(a) The application must be accompanied by an application fee of $150 and by a principal authorization statement (form L-2) . An applicant may apply for a waiver of the fee based on hardship pursuant to the procedure set forth in (2) .

(b) A principal's authorization will not be approved if that principal has failed to file reports required by 5-7-208 , MCA.

(c) Upon approval of the lobbyist's application, payment of the $150 application fee, and filing of a principal's authorization statement, a license will be issued that entitles the lobbyist to practice lobbying on behalf of the principal or principals designated on the application.

(d) Licenses expire on December 31 of each even numbered year, or may be terminated earlier upon submission of a written request by the lobbyist. The commissioner is not authorized to refund the application fee or a portion of the fee if a license is terminated early upon the request of the lobbyist.

(2) An applicant who believes that payment of the application fee may constitute a hardship may request a waiver of the fee by filing a lobbyist license fee waiver request with the commissioner. The fee waiver request must include a detailed description of the circumstances that justify waiver of the fee, and must be accompanied by supporting evidentiary material. The commissioner may request additional information prior to making a determination.

(a) After considering the request and any accompanying evidentiary material, the commissioner may:

(i) deny the request;

(ii) waive the entire fee; or

(iii) waive a portion of the fee.

(b) The commissioner's decision will be based on consideration of factors including but not limited to:

(i) whether the applicant is a full-time or part-time lobbyist;

(ii) whether the applicant is employed or retained by more than one principal;

(iii) the amount of compensation received by the applicant through lobbying compared to compensation received through other employment or business activities within the preceding 12 months; and

(iv) the total amount of compensation for lobbying received by the applicant during the preceding 12 months.

(3) An applicant who is denied a license for any reason other than those provided in (1) (b) or (2) may request a hearing by submitting a written request with the commissioner. Upon receipt of a request the commissioner shall, within ten days of the filing of the application, hold an informal contested case hearing as provided in Title 2, chapter 4, part 6, MCA, and issue a decision.

History

Authorizing statute(s): 5-7-103, 5-7-111, MCA
Implementing statute(s): 5-7-103, MCA
History: NEW, 2002 MAR p. 2458, Eff. 9/13/02; AMD, 2004 MAR p. 1979, Eff. 8/20/04.

Mont. Admin. R. 44.12.213 Complaints--Procedure

(1) An individual who believes that a violation of Title 5, chapter 7, MCA, or the rules implementing Title 5, chapter 7, MCA, has occurred may file a written complaint in person or by certified mail with the commissioner. When a complaint is received, it shall be marked to show the date of receipt. Unless the complaint is determined to be insufficient pursuant to (4) , within five days after receipt of a complaint, the commissioner shall, by certified mail, acknowledge its receipt and transmit a copy to the alleged violator. Saturdays, Sundays, and holidays shall be excluded in the calculation of the five-day period.

(2) A complaint shall be typewritten or legibly handwritten in ink. The complete name and mailing address of the person filing the complaint shall be typewritten or legibly hand printed on the complaint; and the complaint shall be signed and verified by the oath or affirmation of such person, taken before any officer authorized to administer oaths. A complaint shall name the alleged violator, and should include the complete mailing address of the alleged violator, if known or readily discoverable.

(3) Upon receipt of a complaint, the commissioner shall investigate, except as provided in (4) , the alleged violation. The commissioner, upon completion of the investigation, shall prepare a written summary of facts and statement of findings, which shall be sent to the complainant and the alleged violator. Following the issuance of a summary of facts and statement of findings, the commissioner may take other appropriate action.

(4) No investigation shall be required if a complaint is frivolous on its face, illegible, too indefinite, does not identify the alleged violator, is unsigned, or is not verified by oath or affirmation of such person, taken before any officer authorized to administer oaths. In addition, no investigation shall be required if the complaint does not contain sufficient allegations to enable the commissioner to determine that it states a potential violation of a statute or rule within the commissioner's jurisdiction.

(5) A filed complaint and the summary of facts and statement of findings shall be public record.

History

Authorizing statute(s): 5-7-111, MCA
Implementing statute(s): 5-7-305, MCA
History: NEW, 1982 MAR p. 1208, Eff. 6/18/82; AMD, 2002 MAR p. 2458, Eff. 9/13/02.

Mont. Admin. R. 44.12.215 Audits

(1) From time to time the commissioner may undertake audits of reports filed by principals and of the circumstances and documentation underlying them. Such audits may be conducted either pursuant to a complaint or on the agency's own initiative.

(2) Such audits shall be conducted during normal and reasonable business hours and under circumstances that will ensure minimal disruption of business affairs.

(3) The information or materials involved in such audits shall not be made public by the commissioner unless the audit results in formal administrative or legal action, and then only to the extent necessary to accomplish such action.

History

Authorizing statute(s): 5-7-111, MCA
Implementing statute(s): 5-7-305, MCA
History: NEW, 1982 MAR p. 1208, Eff. 6/18/82.

Mont. Admin. R. 44.12.217 Civil Penalties for Delay in Filing--Option for Hearing

(1) A person who fails to file a report within the time required by Title 5, chapter 7, MCA, is subject to the civil penalties set forth in 5-7-306 , MCA.

(2) A person against whom a civil penalty is imposed may request a hearing to contest the penalty by filing a written request for a hearing with the commissioner within ten days after receiving notice of imposition of the penalty.

(3) Upon receipt of a timely request for a hearing the commissioner will schedule an informal contested case hearing and will issue a notice of hearing specifying the date, time, and place of the hearing.

(4) A person who has requested a hearing will be given the option of waiving an in-person hearing by filing a written waiver form that will be provided by the commissioner. A person who waives an in-person hearing will be given an opportunity to submit a written statement or argument to the commissioner, in lieu of appearing in person to present evidence or arguments.

(5) An in-person hearing will be conducted pursuant to the procedure specified in 2-4-604 , MCA.

(6) The commissioner will consider any facts or circumstances in mitigation of the penalty through the evidence, statements, or arguments presented at the hearing or submitted by a person who has waived a hearing, and will issue a written decision, which will be a final decision in a contested case.

(7) A person who is aggrieved by the commissioner's decision may seek judicial review pursuant to Title 2, chapter 4, part 7, MCA.

History

Authorizing statute(s): 5-7-111, MCA
Implementing statute(s): 5-7-306, MCA
History: NEW, 2004 MAR p. 1979, Eff. 8/20/04.

Chapter 44.14 Records and Information Management

Subchapter 44.14.1 Records Retention

Mont. Admin. R. 44.14.101 Records Retained on Digital Media

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-6-111, 2-6-203, MCA
Implementing statute(s): 2-6-111, 2-6-203, 2-6-206, 2-6-211, 2-6-213, 2-6-214, 2-6-302, 2-6-304, 2-15-1013, MCA
History: NEW, 1991 MAR p. 2265, Eff. 11/28/91; AMD, 2000 MAR p. 1518, Eff. 6/16/00; REP, 2022 MAR p. 1772, Eff. 9/10/22.

Mont. Admin. R. 44.14.102 Records with a Retention Period of More Than Ten Years

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): Sec. 2-6-111 and 2-6-203, MCA
Implementing statute(s): Sec. 2-6-111, 2-6-203, 2-6-206, 2-6-211, 2-6-213, 2-6-214, 2-6-302, 2-6-304 and 2-15-1013, MCA
History: NEW, 1991 MAR p. 2265, Eff. 11/28/91; AMD, 1999 MAR p. 1768, Eff. 8/13/99; REP, 2000 MAR p. 1518, Eff. 6/16/00.

Mont. Admin. R. 44.14.106 Delegation Authority for Disposal of Public Records (repealed)

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-6-1101, MCA
Implementing statute(s): 2-6-1101, 2-6-1103, MCA
History: NEW, 2013 MAR p. 337, Eff. 3/15/13; AMD, 2022 MAR p. 1772, Eff. 9/10/22; REP, 2025 MAR, Notice No. 44-2-278, Eff. 1/11/25.

Mont. Admin. R. 44.14.107 Executive Branch Agency Authority for Disposal of Public Records

(1) Executive branch agencies must submit information regarding their records management program every five years on a form prescribed by the Secretary of State and State Records Committee to ensure the proper management and safeguarding of public records.

(2) Executive branch agencies must annually review state records management requirements and submit an acknowledgment form prescribed by the Secretary of State and adopted by the State Records Committee.

(3) Executive branch agencies administering the records management function established in 2-6-1103, MCA, may independently dispose of their public records without written approval of the State Records Retention and Disposition Subcommittee if the public records have met their retention period and fall within the approved state general retention schedules or an agency-specific retention schedule(s) approved by the State Records Retention and Disposition Subcommittee.

(a) Executive branch agencies must submit requests for disposal of public records for approval by the State Records Retention and Disposition Subcommittee if the records are not listed on an approved records retention schedule.

(b) An agency public record that is more than twenty-five years old may not be destroyed unless it is first offered to the Montana Historical Society and approved by the State Records Retention and Disposition Subcommittee.

History

Authorizing statute(s): 2-6-1101, 2-6-1109, MCA
Implementing statute(s): 2-6-1101, 2-6-1103, 2-6-1109, MCA
History: NEW, 2025 MAR, Notice No. 44-2-278, Eff. 1/11/25.

Subchapter 44.14.2 Local Government Records Retention

Mont. Admin. R. 44.14.201 Use of Electronic Records Storage Systems for Local Government Documents

(1) Electronic records storage systems may be used for the daily management, storage and retrieval of documents with a retention schedule of 10 years or more (long-term documents) or records with a retention schedule of less than 10 years (short- or medium-term documents).

History

Authorizing statute(s): 2-6-1101, MCA
Implementing statute(s): 2-6-1205, MCA
History: NEW, 1996 MAR p. 3223, Eff. 12/20/96; AMD, 2022 MAR p. 1772, Eff. 9/10/22.

Mont. Admin. R. 44.14.202 Storage Requirement for Electronically Stored Documents with Greater Than Ten Year Record Retention (long-Term Records)

(1) The Local Government Records Committee adopts and incorporates by reference the Association of Records Managers & Administrators (ARMA) International's Generally Accepted Recordkeeping Principles® for local governments using electronic systems to store long-term records, ©2014 ARMA International, www.arma.org . Local governments should use them as the framework to design, implement, operate, and decommission the systems and to manage the records and data within the systems.

(2) ARMA's Generally Accepted Recordkeeping Principles® can be accessed on the ARMA web site at the following link: http://www.arma.org/docs/sharepoint-roadshow/the-principles_executive-summaries_final.doc .

History

Authorizing statute(s): 2-6-1101, MCA
Implementing statute(s): 2-6-1205, MCA
History: NEW, 1996 MAR p. 3223, Eff. 12/20/96; AMD, 2015 MAR p. 1288, Eff. 8/28/15; AMD, 2022 MAR p. 1772, Eff. 9/10/22.

Mont. Admin. R. 44.14.203 Storage Requirement for Electronically Stored Documents with Less Than Ten Year Record Retention Schedule

(1) Original short- or medium-term documents that are electronically stored may be destroyed or otherwise disposed of without maintaining a copy in another medium.

History

Authorizing statute(s): 2-6-1101, MCA
Implementing statute(s): 2-6-1205, MCA
History: NEW, 1996 MAR p. 3223, Eff. 12/20/96; AMD, 2022 MAR p. 1772, Eff. 9/10/22.

Authorizing statute(s): 2-15-405, MCA
Implementing statute(s): 2-6-1101, MCA
History: NEW, 2001 MAR p. 1186, Eff. 7/6/01; AMD, 2007 MAR p. 1685, Eff. 11/1/07; AMD, 2016 MAR p. 90, Eff. 1/9/16; AMD, 2017 MAR p. 801, Eff. 6/10/17; REP, 2022 MAR p. 1772, Eff. 9/10/22.

Subchapter 44.14.4 State Records Committee

Mont. Admin. R. 44.14.401 State Records Committee Membership Rotation

(1) Per 2-6-1107, MCA, the following membership rotation is established for those executive branch agencies (including those that are administratively attached/allocated) that are not designated as permanent representatives of the state records committee:

(a) First rotation (October 1, 2017, through September 30, 2019):

(i) Department of Commerce;

(ii) State Board of Education;

(iii) Department of Corrections;

(iv) Department of Environmental Quality; and

(v) Department of Labor and Industry.

(b) Second rotation (October 1, 2019, through September 30, 2021):

(i) Department of Natural Resources and Conservation;

(ii) Department of Public Health and Human Services;

(iii) Department of Military Affairs;

(iv) Department of Fish, Wildlife and Parks; and

(v) Department of Livestock.

(i) Department of Transportation;

(ii) Department of Revenue;

(iii) Office of Public Instruction;

(iv) Department of Public Service Regulation; and

(v) State Auditor.

(d) Fourth rotation (October 1, 2023, through September 30, 2025):

(i) Department of Agriculture;

(ii) Department of Commerce;

(iii) State Board of Education;

(iv) Department of Corrections; and

(v) Department of Environmental Quality.

(2) The fifth rotation will begin with the Department of Labor and Industry, and, as with all future rotations of the executive branch agencies not designated as permanent members of the state records committee, will follow the order set out above in the first, second, third, and fourth rotations and be for a two-year period beginning on October 1 and ending September 30 two years later.

History

Authorizing statute(s): 2-6-1101, MCA
Implementing statute(s): 2-6-1107, MCA
History: NEW, 2016 MAR p. 1866, Eff. 10/15/16.

Chapter 44.15 Notaries Public

Subchapter 44.15.1 Commissioning

Mont. Admin. R. 44.15.101 Application for a Commission as a Notary Public

(1) A person seeking a commission as a notary public shall make an application by submitting one or more of the requisite forms prescribed by the Secretary of State that includes the following information:

(a) applicant's name, which must consist of at least one initial and the notary's surname;

(b) applicant's date of birth;

(d) applicant's personal e-mail address;

(e) applicant's personal telephone number;

(f) applicant's employer's name, address, and telephone number;

(g) applicant's work email address;

(i) if the applicant is unemployed or self-employed, the applicant must submit an alternate contact person and the alternate contact's phone number or email address;

(h) the date the applicant's current notary commission expires (if applicable);

(i) the name under which the applicant's previous commission was issued (if applicable);

(j) whether or not the applicant intends to provide remote and/or electronic notarization services, and, if so, the identification of the communication technology and/or the electronic notarization system(s) the applicant intends to use and a copy of the certificate showing the notary has successfully completed an approved course of instruction and examination; and

(k) an exemplar of the applicant's official signature which must match the applicant's name as entered on the application and the surety bond and which must be used on all tangibly and electronically notarized records.

(2) The application shall indicate if the applicant:

(a) is at least 18 years old;

(b) is a citizen or permanent legal resident of the United States; and

(i) is a resident of Montana;

(ii) has a place of employment or practice in Montana; or

(iii) is the spouse or legal dependent of military personnel assigned to active duty in Montana;

(d) can read and write English;

(e) has pled guilty, pled no contest, or been convicted of a felony or crime involving fraud, dishonesty, or deceit within the last 10 years;

(f) has been found in any legal proceeding or disciplinary action within the last 10 years to have acted fraudulently, dishonestly, or deceitfully; and

(g) has had a notary commission denied, revoked, or restricted in any state within the last 10 years.

(3) The applicant must affirm under oath that the information on the application is true and correct and that the applicant will support and defend the Constitutions of the United States and the State of Montana and uphold the duties of the office of notary public.

(4) An applicant shall submit with the application certification proving the applicant has completed the required education and passed a notary public examination approved by the Secretary of State.

(a) New and renewing applicants must take and pass the examination no more than six months before submitting the application.

(i) A grade of 80% is considered passing.

(ii) If the applicant fails to achieve a passing score after three attempts, the applicant must wait three months before attempting to take the exam again.

History

Authorizing statute(s): 1-5-628, MCA
Implementing statute(s): 1-5-619, 1-5-620, MCA
History: NEW, 1993 MAR p. 2250, Eff. 10/1/93; AMD, 2008 MAR p. 66, Eff. 1/18/08; AMD, 2015 MAR p. 2096, Eff. 10/30/15; AMD, 2019 MAR p. 1530, Eff. 9/7/19.

Mont. Admin. R. 44.15.102 Application Fee

(1) The applicant shall submit a $25 non-refundable application fee.

History

Authorizing statute(s): Sec. 1-5-408, MCA
Implementing statute(s): Sec. 1-5-408, MCA
History: NEW, 1993 MAR p. 2250, Eff. 10/1/93; AMD, 2001 MAR p. 2162, Eff. 10/26/01.

Mont. Admin. R. 44.15.103 Notary Bond

(1) The applicant shall submit with the application and fee, a bond on the form prescribed by the Secretary of State from an approved bonding company in the amount of $25,000 for the full four-year term of the notary commission. The bonding company shall notify the Secretary of State's office within 30 business days if a claim is made against the bond or if the bond is canceled or otherwise not honored.

History

Authorizing statute(s): 1-5-628, MCA
Implementing statute(s): 1-5-619, MCA
History: NEW, 1993 MAR p. 2250, Eff. 10/1/93; AMD, 2001 MAR p. 2162, Eff. 10/26/01; AMD, 2019 MAR p. 1530, Eff. 9/7/19.

Mont. Admin. R. 44.15.104 Cancellation of Commission

Publisher status: INEFFECTIVE (not currently effective).

(REPEALED)

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 1-5-404, 1-5-405, 2-4-604, MCA
History: NEW, 1993 MAR p. 2250, Eff. 10/1/93; AMD, 2008 MAR p. 66, Eff. 1/18/08; REP, 2015 MAR p. 1913, Eff. 10/30/15.

Mont. Admin. R. 44.15.105 Request for Certificate of Authority

(1) A person requesting certificate of authority of a record for a foreign country shall submit a $10 nonrefundable fee for each certification, together with a request form as prescribed by the Secretary of State.

History

Authorizing statute(s): 1-5-628, MCA
Implementing statute(s): 1-5-608, MCA
History: NEW, 2001 MAR p. 2162, Eff. 10/26/01; AMD, 2019 MAR p. 1530, Eff. 9/7/19.

Mont. Admin. R. 44.15.106 Notification to Secretary of State of Change in Information or Status

(1) A notary public shall notify the Secretary of State within 30 calendar days of any change in the information on file with the Secretary of State, using the form prescribed by the Secretary of State, including the notary public's:

(a) name;

(b) physical/residential address;

(d) personal or work e-mail address;

(e) personal telephone number;

(f) alternate phone number or contact person;

(g) employer's name, address, and telephone number; and

(h) use of electronic notarization system or communications technology.

(2) When a notary public changes the notary name on file with the Secretary of State, the notary public shall file with the Secretary of State:

(a) a rider or other document issued by the notary's surety company showing the change of name; and

(b) an exemplar of the notary's new official signature using the form prescribed by the Secretary of State.

(3) A notary public shall notify the Secretary of State within 30 calendar days of:

(a) being convicted of or entering a plea of guilty or no contest to a felony or crime involving fraud, dishonesty, or deceit;

(b) being found in any legal proceeding or disciplinary action to have acted fraudulently, dishonestly, or deceitfully; or

(4) A notary public shall notify the Secretary of State within 30 calendar days on a form provided by the Secretary of State:

(a) if the notary public resigns an active commission prior to the expiration date;

(b) if the notary public moves out of state and no longer meets the residency requirements to hold a commission; or

(i) the date on which the resignation is effective;

(ii) the location where the notary's journals are to be stored; and

(iii) the notary's future contact information if different from the information on file with the Secretary of State.

History

Authorizing statute(s): 1-5-628, MCA
Implementing statute(s): 1-5-619, MCA
History: NEW, 2015 MAR p. 1913, Eff. 10/30/15; AMD, 2019 MAR p. 1530, Eff. 9/7/19.

Mont. Admin. R. 44.15.107 Official Stamp

(1) The official stamp of a notary public, whether the impression is on a tangible or electronic record, shall:

(a) be rectangular in shape and approximately 1" by 2½" in size;

(b) be in blue or black ink;

(c) have a circular seal to the left that includes the words "notarial seal," the words "State of Montana," and the notary public's name as it appears on the notary public's certificate of commission;

(d) have a block of text to the right of the seal that includes:

(i) the notary public's printed name as it appears on the notary public's certificate of commission;

(ii) the words "Notary Public for the State of Montana";

(iii) the words "Residing at" immediately followed by the name of the city or town and state where the notary public lives; and

(iv) the words "My Commission Expires" immediately followed by the notary public's commission expiration date, expressed in terms of the month (spelled out), day, and four-digit year;

(e) have a plain rectangular border enclosing the text and seal; and

(f) be in the general format illustrated below:

Official policy figure

History

Authorizing statute(s): 1-5-628, MCA
Implementing statute(s): 1-5-616, MCA
History: NEW, 2015 MAR p. 1913, Eff. 10/30/15.

Mont. Admin. R. 44.15.108 Remote and Remote Online Notarizations

(1) Remote and remote online notarizations shall only be performed using technology that allows the individuals communicating to simultaneously see and speak to one another.

(2) When performing remote or remote online notarizations, the signal transmission shall be live, real time.

(3) All remote and remote online notarizations shall be recorded electronically.

(4) Prior to performing any remote or remote online notarization, the notary public shall inform all individuals participating in the notarization that the notarization will be electronically recorded.

(5) All recordings of remote and remote online notarizations shall include a recitation by the notary public that includes the following:

(a) the notary public's name;

(b) the notary public's commission expiration date;

(c) a declaration that all individuals participating in the remote notarization have been informed by the notary public that the notarization will be electronically recorded;

(d) the date and time the notarial act is being performed;

(e) the state and county in which the notary public is located when the notarial act is being performed;

(f) the type of notarial act that is being performed;

(g) the type or title of record that is being notarized;

(h) whether the notarial act is being performed on a tangible or electronic record;

(i) how the individual for whom the notarial act is being performed has been identified; and

(j) if a record is being executed, an acknowledgement that the person for whom the notarial act is being performed has the competency or capacity to execute the record.

(6) All recordings of remote notarizations shall include a recitation by the individual for whom the notarial act is being performed that includes the following:

(a) the individual's name;

(b) where the individual legally resides;

(d) the date the individual signed the record being notarized;

(e) a declaration that the signature made on the record being notarized was made by the individual knowingly or voluntarily; and

(f) if the individual is located outside of the United States at the time of the remote notarization, a declaration that the individual is unaware of any legal conflicts that prohibit the individual's participation in a remote notarization.

(7) If the individual for whom the notarial act is being performed is being identified by personal knowledge, the recording of the remote notarization shall include an explanation by the notary public as to how the notary public has come to know the individual for whom the notarial act is being performed and the length of time the notary public has known the individual.

(8) If the individual for whom the notarial act is being performed is being identified by credible witness, the recording of the remote notarization shall include:

(a) a statement by the notary public as to how the credible witness was identified;

(b) an explanation by the credible witness as to how the credible witness has come to know the individual for whom the notarial act is being performed and the length of time the credible witness has known the individual; and

(9) If the individual for whom the notarial act is being performed was identified by means of identification technologies, the notary shall state the two or more types of technologies used.

History

Authorizing statute(s): 1-5-628, MCA
Implementing statute(s): 1-5-603, 1-5-615, 1-5-618, MCA
History: NEW, 2015 MAR p. 1913, Eff. 10/30/15; AMD, 2019 MAR p. 1530, Eff. 9/7/19.

Mont. Admin. R. 44.15.109 Fees for Notarial Acts

(1) A notary public may charge an additional fee in accordance with 1-5-626(2), MCA:

(a) for traveling to perform a notarial act;

(b) for performing a notarial act using an electronic notarization system or communications technology; or

History

Authorizing statute(s): 1-5-628, MCA
Implementing statute(s): 1-5-626, MCA
History: NEW, 2015 MAR p. 1913, Eff. 10/30/15; AMD, 2019 MAR p. 1530, Eff. 9/7/19.

Mont. Admin. R. 44.15.110 Notary Public Journal Retention

(1) A notary public must retain the notary's journal(s) at all times while holding an active commission unless the notary has satisfied the requirements set forth by (a).

(a) A notary who transmits control of the notary's journal(s) to the notary's employer shall complete the form prescribed by the Secretary of State and signed by the notary and the notary's employer indicating:

(i) the physical location where the journal(s) will be kept;

(ii) the name, phone number, and email of the employer or the custodian of the records; and

(iii) the notary's authorization for the designated custodian to release the records in accordance with 1-5-618(6), MCA, and the custodian's agreement to accept the responsibility and conditions.

(2) When a notary voluntarily resigns or chooses not to renew a commission, the notary may choose to transmit the notary's journal(s) to an approved repository by submitting the form prescribed by the Secretary of State and signed by the notary indicating:

(a) the physical location where the journal(s) will be kept;

(b) the name, phone number, and email of the proposed custodian of the records; and

(c) the notary's authorization for the designated custodian to release the records in accordance with 1-5-618(6), MCA, and the custodian's agreement to accept the responsibility and conditions.

History

Authorizing statute(s): 1-5-628, MCA
Implementing statute(s): 1-5-618, MCA
History: NEW, 2019 MAR p. 1530, Eff. 9/7/19.

Chapter 44.17 Administrative Rules of Montana

Subchapter 44.17.1 Location of Requirements

Mont. Admin. R. 44.17.101 Model Rules and Requirements for the Administrative Rules of Montana

(1) Rules relating to the fees, schedules, general provisions, and basic formatting requirements of the Montana Administrative Register and the Administrative Rules of Montana are located in ARM Title 1, chapter 2.

(2) Model rules relating to rulemaking are located in ARM Title 1, chapter 3, subchapter 3.

(a) The Secretary of State's online template forms depicting the model rules' standard boilerplate language and layout for rulemaking petitions and notices published in the register are available at https://sosmt.gov/arm/templates .

History

Authorizing statute(s): 2-4-202, MCA
Implementing statute(s): 2-4-202, MCA
History: NEW, 2008 MAR p. 1593, Eff. 8/1/08.