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- 2025
69th Legislature 2025 SB 490
- 1 - Authorized Print Version – SB 490
ENROLLED BILL
AN ACT REVISING LATE VOTER REGISTRATION; REVISING THE DAYS AND TIMES AN ELECTOR MAY
REGISTER LATE, CHANGE THE ELECTOR'S VOTER REGISTRATION INFORMATION, AND VOTE IN A
FEDERAL ELECTION; AND AMENDING SECTIONS 13-2-304 AND 13-21-104, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 13-2-304, MCA, is amended to read:
"13-2-304. Late registration -- late changes. (1) Except as provided in 13-21-104 and subsection (2)
subsections (2) and (3) of this section, the following provisions apply:
(a) An elector may register or change the elector's voter registration information after the close of
regular registration as provided in 13-2-301 and 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) Except as provided in 13-2-514(2)(a) and subsection (1)(c) of this section, an elector who
registers or changes the elector's voter information pursuant to this section may vote in the election if the
elector obtains the ballot from the location designated by the county election administrator.
(c) With respect to an elector who registers late pursuant to this section for a school election
conducted by a school clerk, the elector may vote in the election only if the elector obtains from the county
election administrator a document, in a form prescribed by the secretary of state, verifying the elector's late
registration. The elector shall provide the verification document to the school clerk, who shall issue the ballot to
the elector and enter the verification document as part of the official register.
(d) An elector who registers late and obtains a ballot pursuant to this section may return the ballot
as follows:
(i) before election day, to a location designated by the county election administrator or school
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69th Legislature 2025 SB 490
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ENROLLED BILL
clerk if the election is administered by the school district; or
(ii) on election day, to the election office or to any polling place in the county where the elector is
registered to vote or, if the ballot is for a school election, to any polling place in the school district where the
election is being conducted.
(2) If an elector has already been issued a ballot for the election, the elector may change the
elector's voter registration information only if the original voted ballot has not been received at the county
election office, or received by the school district if the district is administering the election, and if the original
ballot that was issued is marked by the issuing county as void in the statewide voter registration system, or by
the school district if the district is administering the election, prior to the change.
(3) In a federal election, an elector may register or change the elector's voter registration
information after the close of regular registration as provided in 13-2-301 and vote in the election if the election
administrator in the county where the elector resides receives and verifies the elector's voter registration
information:
(a) prior to the close of business on the Friday before the election;
(b) between 8 a.m. and 5 p.m. on the Saturday before the election; and
(c) prior to noon on the day of the election."
Section 2. Section 13-21-104, MCA, is amended to read:
"13-21-104. Adoption of rules on electronic registration and voting -- acceptance of funds. (1)
The secretary of state shall adopt reasonable rules under the rulemaking provisions of the Montana
Administrative Procedure Act to implement this chapter. The rules are binding upon election administrators.
(2) The rules must provide that:
(a) there are uniform statewide standards concerning electronic registration and voting;
(b) regular absentee ballots for a primary, general, or special election are available in a format that
allows the ballot to be electronically transmitted to a covered voter as soon as the ballots are available pursuant
to 13-13-205;
(c) a covered voter may, subject to 13-2-304, register and vote up to the time that the polls close
on election day;
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69th Legislature 2025 SB 490
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ENROLLED BILL
(d) a covered voter is allowed to cast a provisional ballot if there is a question about the elector's
registration information or eligibility to vote;
(e) a covered voter with a digital signature is allowed the option of using the digital signature as
provided in 13-21-107; and
(f) a ballot cast by a covered voter and transmitted electronically will remain secret, as required by
Article IV, section 1, of the Montana constitution. This subsection (2)(f) does not prohibit the adoption of rules
establishing administrative procedures on how electronically transmitted votes must be transcribed to an official
ballot. However, the rules must be designed to protect the accuracy, integrity, and secrecy of the process.
(3) The secretary of state may apply for and receive a grant of funds from any agency or office of
the United States government or from any other public or private source and may use the money for the
purpose of implementing this chapter."
Section 3. Nonseverability. It is the intent of the legislature that each part of [this act] is essentially
dependent upon every other part, and if one part is held unconstitutional or invalid, all other parts are invalid.
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I hereby certify that the within bill,
SB 490, originated in the Senate.
___________________________________________
Secretary of the Senate
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
SENATE BILL NO. 490
INTRODUCED BY M. CUFFE
AN ACT REVISING LATE VOTER REGISTRATION; REVISING THE DAYS AND TIMES AN ELECTOR MAY
REGISTER LATE, CHANGE THE ELECTOR'S VOTER REGISTRATION INFORMATION, AND VOTE IN A
FEDERAL ELECTION; AND AMENDING SECTIONS 13-2-304 AND 13-21-104, MCA.