Back to Montana

HB187 • 2025

Revise election laws to remove continuous tabulation requirement

Revise election laws to remove continuous tabulation requirement

Elections
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Bob Carter
Last action
2025-05-20
Official status
(H) Died in Process
Effective date
Not listed

Plain English Breakdown

The official source material does not provide details about how this change will affect voter turnout or public trust in election results, nor does it specify what happens if there are delays in reporting results to the secretary of state.

Revise Election Laws to Remove Continuous Tabulation Requirement

The bill removes the requirement for continuous tabulation of ballots before election day in Montana.

What This Bill Does

  • Removes the rule that counties must count all available ballots on the day before an election, allowing them to stop counting at 5 p.m. if needed.

Who It Names or Affects

  • Counties and their election administrators who will no longer need to count ballots continuously before an election day.
  • Voters, as they will see initial results only after all voting has ended on election day.

Terms To Know

tabulation
The process of counting votes or ballots in an election.
election administrator
A person responsible for managing and overseeing the conduct of elections, including vote counting.

Limits and Unknowns

  • It is unclear how this change will affect voter turnout or public trust in election results.
  • The bill does not specify what happens if there are delays in reporting results to the secretary of state.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

COMMITTEE

Plain English: Amendment 1 to HB187 allows election administrators to temporarily pause ballot tabulation and result release if significant problems occur, but requires the secretary of state's written consent.

  • Adds a provision allowing temporary pauses in ballot counting and result release due to significant issues, with approval from the secretary of state.
  • The amendment text does not specify what constitutes 'significant problems' or provide details on how such pauses would be implemented.
COMMITTEE

Plain English: COMMITTEE 2

  • The official amendment file could not be read automatically during the last sync, so only the official amendment metadata is shown right now.

Bill History

  1. 2025-05-20 HOUSE

    (H) Died in Process

  2. 2025-03-12 HOUSE

    (H) Missed Deadline for General Bill Transmittal

  3. 2025-01-31 HOUSE

    (H) Tabled in Committee

  4. 2025-01-15 HOUSE

    (H) Hearing

  5. 2025-01-14 HOUSE

    (H) Referred to Committee

  6. 2025-01-14 HOUSE

    (H) First Reading

  7. 2025-01-13 HOUSE

    (H) Introduced

  8. 2025-01-10 HOUSE

    (LC) Draft Delivered to Requester

  9. 2024-12-24 HOUSE

    (LC) Draft Ready for Delivery

  10. 2024-12-23 HOUSE

    (LC) Draft in Input/Proofing

  11. 2024-12-23 HOUSE

    (LC) Draft in Final Drafter Review

  12. 2024-12-23 HOUSE

    (LC) Draft in Assembly

  13. 2024-12-19 HOUSE

    (LC) Draft in Edit

  14. 2024-12-16 HOUSE

    (LC) Draft in Legal Review

  15. 2024-11-29 HOUSE

    (LC) Drafter Assigned

Official Summary Text

Revise election laws to remove continuous tabulation requirement

Current Bill Text

Read the full stored bill text
****
69th Legislature 2025 HB 187.1
- 1 - Authorized Print Version – HB 187
1 HOUSE BILL NO. 187
2 INTRODUCED BY B. CARTER
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING ELECTION LAWS RELATED TO BALLOT
5 TABULATION; REMOVING THE CONTINUOUS TABULATION REQUIREMENT; AMENDING SECTION 13-
6 15-101, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”
7
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
9
10Section 1. Section 13-15-101, MCA, is amended to read:
11 "13-15-101. Votes to be publicly counted -- return forms. (1) (a) Any official vote count must be
12 open to public observation, including but not limited to resolution and counting areas.
13 (b) Counties that perform tabulation using a vote-counting machine on the day prior to the election
14 shall continue until all available ballots that can be legally counted have been are tabulated or 5 p.m.,
15 whichever is earlier. The results of the tabulation may not be made publicly available until after the close of
16 polls on election day and only after all voters have completed voting on election day in the county.
17 (c) (i) On election day, tabulation must begin and continue without adjournment until all available
18 ballots that can be legally counted have been tabulated except pending unresolved resolution board ballots,
19 provisional ballots, or military overseas ballots.
20 (ii)(i) Immediately once after all voters in a county have completed voting on election day, but no
21 earlier than 8 p.m., the election administrator in the county shall provide the initial results to the public and
22 continue to provide updated results at least once every 3 hours until completion. However, if the election is for
23 at least one statewide race or statewide ballot issue, the election administrator's public reporting of any results
24 must first be provided to the secretary of state's election night reporting system.
25 (iii)(ii) All documents must be secured, with no person allowed access outside regular business
26 hours.
27 (d) (i) A county that performs tabulation pursuant to 13-15-107, 13-21-206, or 13-21-226 shall
28 continue without adjournment until all available ballots that can be legally counted have been tabulated.
****
69th Legislature 2025 HB 187.1
- 2 - Authorized Print Version – HB 187
1 (ii)(d) Once After tabulation has been is completed, the results must be immediately publicly
2 declared. However, if the election is for at least one statewide race or statewide ballot issue, the election
3 administrator's public reporting of the results must first be provided to the secretary of state's election night
4 reporting system.
5 (2) Immediately after all the ballots are counted by precinct, the election judges shall copy the total
6 votes cast for each candidate and for and against each proposition on the return forms furnished by the election
7 administrator.
8 (3) The election judges shall immediately display one of the return forms at the place of counting
9 and return a copy to the election administrator. Both forms must be signed by all the election judges completing
10 the count.
11 (4) The secretary of state may adopt rules providing for notifications to the secretary of state
12 concerning vote total updates or associated delays during the counting of votes, including the prioritization of
13 reporting results through the state's election night reporting system, but the rules may not require more frequent
14 reporting of votes counted than otherwise provided in this section."
15
16 NEW SECTION. Section 2. Effective date. [This act] is effective on passage and approval.
17 - END -