Election administration in Montana

Election Information
Voter registration
Early voting
Absentee/mail-in voting
All-mail voting
Voter ID laws
State poll opening and closing times
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Election administration encompasses a state's voting policies and methods of enforcing them. These include voter identification requirements, early and absentee voting provisions, voter list maintenance methods, and more. Each state's voting policies dictate who can vote and under what conditions.

THE BASICS

Montana does not allow online voter registration.

Montana allows early voting and no-excuse absentee voting.

In Montana, most polls are open from 7:00 a.m. to 8:00 p.m. on election day, but times may vary throughout the state.

Montana requires identification to vote.

Montana holds open primary elections.

Montana has an online tool for verifying voter registration and checking the status of absentee and provisional ballots.

Below, you will find details on the following election administration topics in Montana:

• Poll times
• Voter registration
• Early and absentee/mail-in voting policy
• Voter identification requirements
• Provisional ballot rules
• Primary election type
• Time off work for voting
• Voting rules for people convicted of a felony

• Voter list maintenance
• Post-election auditing
• Election policy ballot measures
• Election policy legislation
• Ballot access
• Redistricting
• Election administration agencies

Poll times

See also: State poll opening and closing times

In Montana, polling place hours vary throughout the state. Most polling places open at 7:00 a.m. and close at 8:00 p.m., although some polling places may open as late as 12:00 p.m. An individual who is in line at the time polls close must be allowed to vote.

Voter registration

Check your voter registration status here.

To register to vote in Montana, each applicant must be a citizen of the United States, a resident of Montana for at least 30 days prior to the election, and at least 18 years old by the day of the election. People serving a felony sentence in a penal institution and those who have been declared by a court to be of unsound mind are not eligible to vote.

Citizens can register to vote in person by completing a registration application at their county election office. They can register by mailing the application to their county election administrator or submitting it when applying for or renewing a driver’s license or state ID. Citizens may also register to vote at their county election offices, certain designated locations, or at their designated polling location on Election Day.

Automatic registration

Montana does not practice automatic voter registration.

Online registration

See also: Online voter registration

Montana does not permit online voter registration.

Same-day registration

Montana allows same-day voter registration.

Residency requirements

In order to register to vote in Montana, applicants must have lived in the state for at least 30 days prior to the election.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Montana does not require proof of citizenship for voter registration.

Verifying your registration

The site My Voter Page, run by the Montana secretary of state’s office, allows residents to check their voter registration status online.

Early and absentee voting policy

Early voting

See also: Early voting

Montana permits early voting. Learn more by visiting this website.

Absentee voting

See also: Absentee voting

All voters are eligible to vote absentee in Montana. There are no special eligibility requirements for voting absentee.

To vote absentee, an absentee ballot application must be received by county election officials by noon the day prior to the election. A returned absentee ballot must be postmarked on or before Election Day in order to be counted.

Returning absentee ballots

See also: Mail ballot collection and return laws by state

A voter may authorize a caregiver, family member, household member, or acquaintance to return a ballot on his or her behalf. Absentee ballots in Montana can be returned to the county election office in person or by mail.

On May 22, 2020, Judge Donald Harris, of the Montana Thirteenth Judicial District Court, issued a preliminary injunction in Driscoll v. Stapleton, barring election officials from enforcing a state law restricting the collection and conveyance of absentee ballots to individuals and their caregivers, family members, household members, or acquaintances. The law in question, the Ballot Interference Prevention Act (BIPA) allowed these parties to submit absentee ballots of behalf of individuals, but prevented them from collecting and submitting more than six ballots. Harris also barred officials from enforcing the statutory absentee ballot receipt deadline (8:00 p.m. on Election Day), requiring officials to accept all ballots postmarked on or before Election Day.

In granting the injunction, Harris said, "[The] court finds that the BIPA and Receipt Deadline will significantly suppress voter turnout by disproportionately burdening voters who are Native American, elderly, disabled, poor, parents working low-wage jobs, college students, first-time voters, and voters who historically relied on [get-out-the-vote] and ballot collective services like those provided by Western Native Voice, MontPIRG, Disability Rights Montana, Forward Montana, Montana Conservation Voters, unionized labor, and the Montana Democratic Party."

On July 7, 2020, Judge Jessica Fehr, also of the Montana Thirteenth Judicial District Court, issued a preliminary injunction barring enforcement of BIPA provisions in a separate court case, Western Native Voice v. Stapleton. In her ruling, Fehr wrote, "The court finds that BIPA serves no legitimate purpose; it fails to enhance the security of absentee voting; it does not make absentee voting easier or more efficient; it does not reduce the costs of conducting elections; and it does not increase voter turnout." On September 25, 2020, Fehr issued a permanent injunction against the challenged provisions.

Signature requirements and cure provisions

Absentee ballots in Montana include a return envelope with an affidavit that must be signed by the voter for the ballot to be counted. Montana law includes a cure provision, or a law allowing voters to correct an issue with the signature on their absentee ballot. When election officials determine that an absentee ballot is unsigned or that the signature on the ballot does not match the voter’s signature already on file, officials must immediately attempt to contact the voter and inform them of the issue. The voter has until the time the polls close on election day to verify or provide a signature.

Was your absentee ballot counted?

Voters can use the My Voter Page tool provided by the Montana secretary of state to check the status of their absentee ballot.

Voter identification requirements

See also: Voter ID in Montana

See also: Voter identification laws by state

Montana requires voters to present identification while voting.

Montana's voter identification requirements are outlined in Section 13-13-114 of Montana Code, as amended when SB169 was signed into law on April 19, 2021. The law states, "Before an elector is permitted to receive a ballot or vote, the elector shall present to an election judge one of the following forms of identification showing the elector's name:"

“

(i) Montana driver's license, Montana state identification card issued pursuant to 61-12-501, military identification card, tribal photo identification card., United States passport, or Montana concealed carry permit; or (ii) (A) a current utility bill, bank statement, paycheck, government check, or other government document that shows the elector's name and current address; and (B) photo identification that shows the elector's name, including but not limited to a school district or postsecondary education photo identification.

”

Background

As of August 2023, 34 states required voters to present identification in order to vote at the polls on Election Day. Of these states, 23 required voters to present identification containing a photograph, and 11 accepted other forms of identification. The remaining 16 states did not require voters to present identification in order to vote at the polls on Election Day. Valid forms of identification differ by state. Commonly accepted forms include driver's licenses, state-issued identification cards, and military identification cards.

Provisional balloting for voters without ID

Voters who do not have ID while voting may cast provisional ballots. See below for provisional ballot rules.

Provisional ballot rules

Voters in Montana are given provisional ballots, or ballots requiring additional steps or information before they can be counted, under the following circumstances.

• If the voter returned an absentee ballot that is not signed or the signature does not match the signature on file, the voter has the right to cast a provisional ballot.
  • "Absentee ballots become provisional ballots if they have no signature or the signature does not match and the signature issue is not resolved in time for counting on Election Day."
• If the voter wants to vote in person, "but the register indicates s/he has an active absentee ballot," the voter has the right to cast a provisional ballot.
  • "If the register indicates the elector has an Accepted ballot, they should not vote a provisional ballot at the polls unless the voter affirms in writing that the voter did not vote the accepted ballot."
• If the voter is late-registering and "votes at the election office on Election Day and is a transfer registrant (precinct to precinct or county to county)," the voter has the right to cast a provisional ballot.
• If the voter is "late-registering at the election office and their Montana driver's license number or last 4 digits of the SSN did not verify through MT Votes Voter Verify after exhausting all of the search options available," the voter has the right to cast a provisional ballot.
• If the voter is provisionally registered, the voter has the right to cast a provisional ballot.
• If the voter is unable to provide a valid form of identification, the voter has the right to cast a provisional ballot.
• If the voter’s name does not appear on the voter registration list, the voter has the right to cast a provisional ballot.
• If the voter’s right to vote is challenged, the voter has the right to cast a provisional ballot.

According to Montana state law, "To verify eligibility to vote, a provisionally registered individual who casts a provisional ballot has until 5:00 p.m. on the day after the election to provide valid identification or eligibility information either in person, by facsimile, by electronic means, or by mail postmarked no later than the day after the election."

A provisional ballot is rejected when election officials are unable to verify the voter’s identity or eligibility to vote.

Local election officials

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Do you need information about elections in your area? Are you looking for your local election official? Click here to visit the U.S. Vote Foundation and use their election official lookup tool.

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Primary election type

See also: Primary elections in Montana

A primary election is an election in which registered voters select a candidate that they believe should be a political party's candidate for elected office to run in the general election. They are also used to choose convention delegates and party leaders. Primaries are state-level and local-level elections that take place prior to a general election. Montana utilizes an open primary system, in which registered voters do not have to be members of a party to vote in that party's primary.

For information about which offices are nominated via primary election, see this article.

Time off work for voting

Ballotpedia did not find a law specifying whether voters must be given time off from work to vote in this state. Nolo.com notes that states without such state laws may have administrative regulations or local ordinances pertaining to time off for voting and suggests calling your local board of elections or state labor department for more information.

If you know of a relevant policy in this state, please email us. As of 2020, 28 states had laws requiring employers to provide time off for voting under certain conditions.

Voting rules for people convicted of a felony

See also: Voting rights for convicted felons

In Montana, people convicted of a felony receive automatic restoration of their voting rights upon release from incarceration.

Voting rights for people convicted of a felony vary from state to state. In the majority of states, people convicted of a felony cannot vote while they are incarcerated but may regain the right to vote upon release from prison or at some point thereafter.

Voter list maintenance

All states have rules under which they maintain voter rolls—or, check and remove certain names from their lists of registered voters. Most states are subject to the parameters set by The National Voter Registration Act (NVRA). The NVRA requires states to make efforts to remove deceased individuals and individuals who have become ineligible due to a change of address. It prohibits removing registrants from voter lists within 90 days of a federal election due to change of address unless a registrant has requested to be removed, or from removing people from voter lists solely because they have not voted. The NVRA says that states may remove names from their registration lists under certain other circumstances and that their methods for removing names must be uniform and nondiscriminatory.

When names can be removed from the voter list

Montana law authorizes election officials to remove the names of voters from the registered voting list if an individual:

• requests in writing to be removed from the list.
• dies.
• is determined by a court to be of “unsound mind.”
• is incarcerated for a felony conviction.
• is determined to have registered to vote in a different jurisdiction.
• is ordered to be removed by a court.
• remains on the inactive voter list through two consecutive federal general elections.

Inactive voter list rules

In odd-numbered years, Montana law requires state election officials to conduct a voter registration list maintenance program. Using National Change of Address data, election officials are to send a nonforwardable notice to all voters determined to have moved. If the nonforwardabe notice is returned as undeliverable, a forwardable notice is to be sent. State law outlines the same procedure for individuals who did not vote in the preceding general election. If an individual does not respond to the forwardable notice after 30 days, a second forwardable notice is to be sent. If the individual does not respond to the second forwardable notice after 30 days, election officials are to place them on the inactive voter list. Individuals who remain on the inactive voter list through two federal general elections are removed from the list.

The Electronic Registration Information Center (ERIC)

See also: Electronic Registration Information Center (ERIC)

According to its website, ERIC is a nonprofit corporation that is governed by a board of member-states. These member states submit voter registration and motor vehicle registration information to ERIC. ERIC uses this information, as well as Social Security death records, to provide member states with detailed reports showing voters who have moved within their state, moved out of their state, died, have duplicate registrations in their state, or are potentially eligible to vote but are not yet registered. ERIC's website describes its funding as follows: "Each state pays annual dues, which are determined by a formula approved by the ERIC membership. The formula includes a state's citizen voting age population as a factor."

By 2022, 33 states and the District of Columbia had joined ERIC. As of August 2023, 26 states and the District of Columbia were members in the ERIC program.

As of August 2023, Montana was not participating in the ERIC program.

Post-election auditing

Montana state law requires post-election audits. The Montana State Board of Canvassers selects the precincts to be audited, and the county audit committee conducts the audit. The audit is conducted on at least five percent of precincts in each county or at least one precinct in each county, whichever is greater, and it must include an election for one federal office, one statewide office, one legislative office, and one ballot issue. "If there is a discrepancy of more than 0.5% of total ballots cast or 5 ballots (whichever is greater) and the discrepancy is due to machine error and not administrative or user error, the machine involved in the discrepancy may not be used in another election until it has been examined and tested by a computer software expert in consultation with a voting system vendor and approved by the secretary of state." Then, "At least 3 additional precincts must be audited." The audit must be completed before the canvass.

Post-election audits check that election results tallied by a state's voting system match results from paper records, such as paper ballots filled out by voters or the paper records produced by electronic voting machines. Post-election audits are classified into two categories: audits of election results—which include traditional post-election audits as well as risk-limiting audits—and procedural audits.

Typically, traditional post-election audits are done by recounting a portion of ballots, either electronically or by hand, and comparing the results to those produced by the state's voting system. In contrast, risk-limiting audits use statistical methods to compare a random sample of votes cast to election results instead of reviewing every ballot. The scope of procedural audits varies by state, but they typically include a systematic review of voting equipment, performance of the voting system, vote totals, duties of election officials and workers, ballot chain of custody, and more.

As of December 2023, 41 states and the District of Columbia required some form of post-election audit. Of these, 36 states and the District of Columbia required traditional post-election audits, three states required risk-limiting post-election audits, and two states required procedural post-election audits.

Noteworthy events

Montana judge strikes down same-day voter registration, student voter identification, and third-party ballot collection laws

On September 30, 2022, a Montana judge struck down as unconstitutional state laws that ended same-day voter registration, added additional voter identification requirements for students, and set new rules for third-party ballot collection. Judge Michael Glen Moses wrote that the student voter identification law was written "to reduce voting by young people for perceived political benefit” and that the ballot collection law had a discriminatory purpose targeting Native American voters.

On November 22, 2022, Montana Secretary of State Christi Jacobsen (R) filed an appeal with the Montana Supreme Court.

In April 2022, Moses had issued a temporary injunction blocking the three laws from taking effect for the June primary election. The Montana Supreme Court upheld Moses' injunctions on September 21, 2022, while the case played out.

As of November 2022, the Montana Secretary of State's website provided voters with the following information on same-day voter registration: "Late registration closes at noon on the day before an election. ... This provision will not be enforced for the 2022 general election based on the court order issued on September 30, 2022. Registrations before the close of polls on Election Day will be processed."

2021

On April 19, 2021, Governor Greg Gianforte (R) signed SB169 and HB176 into law, amending Montana's election laws as follows:

• SB169 modified the state's voter identification laws, effective immediately, requiring that a voter present either of the following:
  • A "Montana driver's license, Montana state identification card issued pursuant to 61-12-501, military identification card, tribal photo identification card., United States passport, or Montana concealed carry permit."
  • A "current utility bill, bank statement, paycheck, government check, or other government document that shows the elector's name and current address" and "photo identification that shows the elector's name, including but not limited to a school district or postsecondary education photo identification."
• HB176 moved the deadline for late voter registration from 5:00 p.m. on Election Day to 12:00 p.m. on the day preceding Election Day, effective immediately.

Multiple groups filed separate lawsuits (listed below) challenging various provisions of SB169 and HB176:

• Montana Democratic Party v. Jacobsen (filed April 19, 2021, in the Yellowstone County District Court)
• Western Native Voice v. Jacobsen (filed May 17, 2021, in the Yellowstone County District Court)

Election policy ballot measures

See also: Elections and campaigns on the ballot and List of Montana ballot measures

Ballotpedia has tracked the following ballot measures relating to election and campaign policy in Montana.

1. Montana Direct Nomination of Candidates for Public Office, IR-13 (1920)
2. Montana Amending the Direct Primaries Law, IR-15 (1920)
3. Montana Repeal of the Presidential Preferential Primaries Law, IR-16 (1920)
4. Montana Campaign Finance Law Revision, I-118 (1994)
5. Montana Corporate Contributions to Ballot Issues, IR-114 (1998)
6. Montana Valid Election for Qualified Ballot Issues, C-21 (1990)
7. Montana Corporate Contributions Initiative, I-166 (2012)
8. Montana Party Nomination by Direct Vote, I 302-303 (1912)
9. Montana Campaign Expense Limits, I 304-305 (1912)
10. Montana Direct Presidential Preference Primary, I 308-309 (1912)
11. Montana Popular Choice for U.S. Senator, I 306-307 (1912)
12. Montana Repeal Presidential Primary Law, R-27 (1924)
13. Montana Presidential Primary Law, R-56 (1954)
14. Montana Election of County Commissioners, Amendment 1 (1892)
15. Montana Voting Qualifications, Amendment 1 (1896)
16. Montana Election of County Commissioners, Amendment 1 (1898)
17. Montana County Commissioner Districts, Amendment 1 (1928)
18. Montana Voter Qualifications, Amendment 1 (1932)
19. Montana Election of Local Officers, Amendment 1 (1952)
20. Montana Change Voting Age, Amendment 3 (1970)
21. Montana Voting Age, Amendment 1 (1972)
22. Montana Direct Corporate Contribution in Ballot Issues, I-125 (1996)
23. Montana Top-Four Primary Initiative (2024)
24. Montana Majority Vote Required to Win Elections Initiative (2024)

Recent legislation related to election administration in Montana

The table below lists bills related to election administration that have been introduced during (or carried over to) the current legislative session in Montana. The following information is included for each bill:

• State
• Bill number
• Official name or caption
• Most recent action date
• Legislative status
• Topics dealt with by the bill

Bills are organized alphabetically, first by state and then by bill number. The table displays up to 100 results by default. To view additional results, use the arrows in the upper-right corner of the table. For more information about a particular bill, click the bill number. This will open a separate page with additional information.

Ballotpedia's Election Administration Legislation Tracker

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The Ballot Bulletin

The Ballot Bulletin is a weekly email that delivers the latest updates on election policy. The Ballot Bulletin tracks developments in election policy around the country, including legislative activity, big-picture trends, and recent news. Each email contains in-depth data from our Election Administration Legislation Tracker. You'll also be able to track relevant legislation, with links to and summaries of the bills themselves.

Click here to view recent issues and subscribe.

Ballot access

See also: Ballot access requirements for political candidates in Montana

A cardboard ballot box at the Smithsonian National Museum of American History

In order to get on the ballot in Montana, a candidate for state or federal office must meet a variety of state-specific filing requirements and deadlines. These regulations, known as ballot access laws, determine whether a candidate or party will appear on an election ballot. These laws are set at the state level. A candidate must prepare to meet ballot access requirements well in advance of primaries, caucuses, and the general election.

There are three basic methods by which an individual may become a candidate for office in a state.

1. An individual can seek the nomination of a state-recognized political party.
2. An individual can run as an independent. Independent candidates often must petition in order to have their names printed on the general election ballot.
3. An individual can run as a write-in candidate.

This article outlines the steps that prospective candidates for state-level and congressional office must take in order to run for office in Montana. For information about filing requirements for presidential candidates, see "Ballot access requirements for presidential candidates in Montana." Information about filing requirements for local-level offices is not available in this article (contact state election agencies for information about local candidate filing processes).

Redistricting

See also: Redistricting in Montana

"Gerrymandering"

Redistricting is the process by which new congressional and state legislative district boundaries are drawn. Montana's one United States Representative and 150 state legislators are elected from political divisions called districts. United States Senators are not elected by districts, but by the states at large. District lines are redrawn every 10 years following completion of the United States census. The federal government stipulates that districts must have nearly equal populations and must not discriminate on the basis of race or ethnicity.

Montana was apportioned 2 seats in the U.S. House of Representatives after the 2020 census, 1 more than it received after the 2010 census.

HIGHLIGHTS

Following the 2020 United States Census, Montana was apportioned two congressional districts, one more than the number it had after the 2010 census.

Montana's House of Representatives is made up of 100 districts; Montana's State Senate is made up of 50 districts.

In Montana, congressional and state legislative district boundaries are drawn by a non-politician commission.

State process

See also: State-by-state redistricting procedures

Montana uses a non-politician commission for congressional and state legislative redistricting. This commission comprises five members. The majority and minority leaders of each chamber of the state legislature select one member a piece. These four members then select a fifth to serve as the commission's chair. If the first four commissioners are unable to agree on an appointment, the Montana Supreme Court may select the fifth member.

The Montana Constitution requires that no commissioner be a public official. State statutes require that two of the first four commissioners "must be selected from certain counties (roughly, in the Montana Rockies to the west) and two must be selected from the rest of the state (to the east)."

The state's Districting and Apportionment Commission must complete congressional redistricting within 90 days of receiving federal census data. It must prepare a legislative redistricting plan "by the 10th legislative day of the first regular session after the federal census results are available. The Legislature then has 30 days to make recommendations to the commission. Within 30 days of receiving the Legislature's recommendations, the commission must file the redistricting plan with the Secretary of State, and it becomes law. Although the commission may modify the plan to accommodate the Legislature's recommendations, it is not required to do so."

The state constitution requires that districts be both contiguous and compact.

“	The ... commission has stated that it may gauge compactness by looking to a district's general appearance, and the degree to which it fosters "functional compactness" through "travel and transportation, communication, and geography." The commission has similarly determined that it will, in drawing legislative districts, consider the boundary lines of political subdivisions (counties, cities, towns, school districts, Indian reservations, neighborhood commissions, and others); follow geographic boundaries; and consider keeping intact communities of interest (based on "Indian reservations, urban[, suburban, or rural] interests, . . . neighborhoods, trade areas, geographic location, communication and transportation networks, media markets, social, cultural and economic interests, or occupations and lifestyles").	”
—All About Redistricting

Election administration agencies

Election agencies

Seal of the U.S. Election Assistance Commission

See also: State election agencies

Individuals seeking additional information about voting provisions in Montana can contact the following local, state, and federal agencies.

Montana county election administrators

Click here for a list

Montana Secretary of State

State Capitol, Room 260, 1301 6th Avenue

Helena, Montana 59620

Telephone: 406-444-4732

Email: soselections@mt.gov

U.S. Election Assistance Commission

633 3rd Street NW, Suite 200

Washington, DC 20001

Telephone: 301-563-3919

Toll free: 1-866-747-1471

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Recall

Democratic primaries 2024

• United States Senate Democratic Party primaries, 2024
• United States House Democratic Party primaries, 2024
• Democratic Party gubernatorial primaries, 2024
• Democratic Party Secretary of State primaries, 2024
• Democratic Party Attorney General primaries, 2024
• State legislative Democratic primaries, 2024

Republican primaries 2024

• United States Senate Republican Party primaries, 2024
• United States House Republican Party primaries, 2024
• Republican Party gubernatorial primaries, 2024
• Republican Party Secretary of State primaries, 2024
• Republican Party Attorney General primaries, 2024
• State legislative Republican primaries, 2024

See also

• 2024 election dates and deadlines
• Voting in Montana
• Ballot access requirements for political candidates in Montana
• Redistricting in Montana

Elections in Montana

• Montana elections, 2023
• Montana elections, 2022
• Montana elections, 2021
• Montana elections, 2020
• Montana elections, 2019
• Montana elections, 2018
• Montana elections, 2017
• Montana elections, 2016
• Montana elections, 2015
• Montana elections, 2014

External links

• Montana Secretary of State - Elections