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69th Legislature 2025 SB 439.1
- 1 - Authorized Print Version – SB 439
1 SENATE BILL NO. 439
2 INTRODUCED BY T. MANZELLA
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING LAWS RELATED TO VOTER LIST
5 MAINTENANCE; REQUIRING THE CLERK OF COURT TO SHARE ALL ADDRESS CHANGES WITH THE
6 COUNTY ELECTION ADMINISTRATOR; REQUIRING THE DEPARTMENT OF MOTOR VEHICLES TO
7 SHARE ALL ADDRESS CHANGES WITH THE COUNTY ELECTION ADMINISTRATOR; SUPERSEDING
8 THE UNFUNDED MANDATE LAWS; AND AMENDING SECTIONS 3-15-405, 13-2-220, AND 61-5-115, MCA”
9
10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
11
12Section 1. Section 3-15-405, MCA, is amended to read:
13 "3-15-405. Notice to jurors. (1) The clerk of court shall serve notice by mail on the persons drawn as
14 jurors and require the persons to respond by mail as to their qualifications to serve as jurors. The clerk of court
15 may attach to the notice a jury questionnaire and a form for an affidavit claiming an excuse from service
16 provided for in 3-15-313.
17 (2) If a person fails to respond to the notice, the clerk shall certify the failure to the sheriff, who
18 shall serve the notice personally on the person and make reasonable efforts to require the person to respond to
19 the notice.
20 (3) If the notice required in subsection (1) is returned as undeliverable or with a notice of a new
21 address for the individual, the clerk of court shall send the name and address update to the county election
22 administrator. The county election administrator shall compare the information with the voter registration list and
23 update the individual's voter registration information as needed in accordance with 13-2-220."
24
25Section 2. Section 13-2-220, MCA, is amended to read:
26 "13-2-220. Maintenance of active and inactive voter registration lists for elections -- rules by
27secretary of state. (1) The rules adopted by the secretary of state under 13-2-108 must include the following
28 procedures, at least one all of which an election administrator shall follow annually:
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69th Legislature 2025 SB 439.1
- 2 - Authorized Print Version – SB 439
1 (a) compare the entire list of registered electors, including electors on the absentee ballot list,
2 against the national change of address files and provide appropriate confirmation notice to those individuals
3 whose addresses have apparently changed;
4 (b) mail a nonforwardable, first-class, "return if undeliverable--address correction requested" notice
5 to all registered electors, including electors on the absentee ballot list, of each jurisdiction to confirm their
6 addresses and provide the appropriate confirmation notice to those individuals who return the notices;
7 (c) mail a targeted mailing to electors, including electors on the absentee ballot list, who failed to
8 vote in the preceding federal general election, applicants who failed to provide required information on
9 registration forms, and provisionally registered electors by:
10 (i) sending the list of nonvoters a nonforwardable notice, followed by the appropriate forwardable
11 confirmation notice to those electors who appear to have moved from their addresses of record;
12 (ii) comparing the list of nonvoters against the national change of address files, followed by the
13 appropriate confirmation notices to those electors who appear to have moved from their addresses of record;
14 (iii) sending forwardable confirmation notices; or
15 (iv) making a door-to-door canvass.
16 (2) (a) Any notices returned as undeliverable to the election administrator or any notices to which
17 the elector fails to respond after the election administrator uses the procedures provided in subsection (1) must
18 be followed within 30 days by an appropriate confirmation notice that is a forwardable, first-class, postage-paid,
19 self-addressed, return notice.
20 (b) If the elector fails to respond within 30 days of the final confirmation notice, after the 30th day,
21 the election administrator shall move the elector to the inactive list and work with the secretary of state's office
22 and the motor vehicle division in the department of justice to verify the elector's address.
23 (c) If the election administrator is not able to verify the elector's address, the elector must be
24 placed on the inactive list until they follow the procedure in 13-2-222 or 13-2-304, as applicable.
25 (3) In addition to the procedure in subsection (1), an election administrator shall annually request
26 all change of address requests processed by all utility companies and utility cooperatives within the county. The
27 election administrator shall compare the names and addresses provided by the utility companies and utility
28 cooperatives to the entire list of registered electors, including electors on the absentee ballot list, and follow the
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69th Legislature 2025 SB 439.1
- 3 - Authorized Print Version – SB 439
1 procedure provided in subsection (2).
2 (4) Within 30 days of receiving a notice pursuant to 3-15-405 or 61-5-115, an election
3 administrator shall compare the names and addressed provided to the entire list of registered electors,
4 including electors on the absentee ballot list, and follow the procedure provided in subsection (2).
5 (3) (5) A procedure used by an election administrator pursuant to this section must be completed at
6 least 90 days before a primary or general election for federal office.
7 (4) (6) An elector's registration may be reactivated pursuant to 13-2-222 or may be canceled pursuant
8 to 13-2-402."
9
10Section 3. Section 61-5-115, MCA, is amended to read:
11 "61-5-115. Notice of change of address. (1) Whenever any person after applying for or receiving a
12 driver's license moves from the address named in the application or in the issued license, the person shall
13 within 10 days notify the department in writing or electronically by an approved automated interface of the old
14 and new addresses and of the number of any license then held by the person.
15 (2) Whenever the department receives a notification of a change of address, the department shall
16 send the name and address information to the county election administrator. The county election administrator
17 shall compare the information with the voter registration list and update the individual's voter registration
18 information as needed in accordance with 13-2-220."
19
20 NEW SECTION. Section 4. Unfunded mandate laws superseded. The provisions of [this act]
21 expressly supersede and modify the requirements of 1-2-112 through 1-2-116.
22 - END -