Revise county canvassing processes

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69th Legislature 2025 SB 57
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ENROLLED BILL
AN ACT REVISING COUNTY CANVASSING PROCESSES; REQUIRING A BOARD OF COUNTY
CANVASSERS TO COMPARE THE NUMBER OF VOTES CAST TO THE NUMBER OF ELECTORS AND
THE NUMBER OF PERSONS WHO VOTED DURING CANVASS; REQUIRING A BOARD OF COUNTY
CANVASSERS TO INVESTIGATE DISCREPANCIES OR ERRORS IN VOTE COUNTS; PROVIDING THAT A
BOARD OF COUNTY CANVASSERS MAY REQUIRE A RECOUNT OF VOTES IN AN INVESTIGATION OF
DISCREPANCIES OR ERRORS; AMENDING SECTIONS 13-15-403 AND 13-16-201, MCA; AND PROVIDING
AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 13-15-403, MCA, is amended to read:
"13-15-403. Canvass to be public -- nonessentials to be disregarded -- petition for recount
investigation of discrepancies in vote counts. (1) The canvass must be public. It must proceed by opening
the returns, auditing the tally books or other records of votes cast, determining the vote for each individual and
for and against each ballot issue from each precinct, compiling totals, comparing the number of votes cast to
the number of electors and number of persons who voted, and declaring or certifying the results.
(2) The board shall record all write-in votes shown in the returns from each precinct.
(3) The returns may not be rejected because of failure to show who administered the oath to the
election judges, failure to complete all the certificates in a pollbook, or failure of any other act making up the
returns that is not essential to determine for whom the votes were cast.
(4) If during a canvass the board finds that the votes returned for any candidate or ballot issue
exceeds the number of electors or the total number of persons who voted in a precinct or an finds any error in a
precinct or precincts affecting the accuracy of vote totals, the board shall immediately investigate the
discrepancy or error until the discrepancy or error is reconciled and documented or is determined to have no
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69th Legislature 2025 SB 57
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ENROLLED BILL
impact on the outcome of the election. However, the investigation must be concluded within 2 days. The board
may petition for require the election administrator to conduct a recount of the votes cast in a race or races, a
ballot issue or ballot issues, or the precinct or precincts, as provided in 13-16-201, or for an inspection of to
inspect the ballots, as provided in 13-16-420, as part of its investigation."
Section 2. Section 13-16-201, MCA, is amended to read:
"13-16-201. Conditions under which recount to be conducted. (1) A recount must be conducted if:
(a) a candidate for a precinct office or for a county, municipal, or district office voted for in only one
county, other than a legislator or a judge of the district court, is defeated by a margin not exceeding 1/4 of 1% of
the total votes cast or by a margin not exceeding 10 votes, whichever is greater, and the defeated candidate,
within 5 days after the official canvass, files with the election administrator a verified petition stating that the
candidate believes that a recount will change the result and that a recount of the votes for the office or
nomination should be conducted;
(b) a candidate for a congressional office, a state or district office voted on in more than one
county, the legislature, or judge of the district court is defeated by a margin not exceeding 1/4 of 1% of the total
votes cast for all candidates for the same position and the defeated candidate, within 5 days after the official
canvass, files a petition with the secretary of state as set forth in subsection (1)(a). The secretary of state shall
immediately notify each election administrator whose county includes any precincts that voted for the office,
and a recount must be conducted in those precincts.
(c) a question submitted to the vote of the people of a county, municipality, or district within a
county is decided by a margin not exceeding 1/4 of 1% of the total votes cast for and against the question and a
petition as set forth in subsection (1)(a) is filed with the election administrator. This petition must be signed by
not less than 10 electors of the jurisdiction and must be filed within 5 days after the official canvass.
(d) a question submitted to the vote of the people of the state is decided by a margin not
exceeding 1/4 of 1% of the total votes cast for and against the question and a petition as set forth in subsection
(1)(a) is filed with the secretary of state. This petition must be signed by not less than 100 electors of the state,
representing at least five counties of the state, and must be filed within 5 days after the official canvass.
(e) a question submitted to the vote of the people of a multicounty district is decided by a margin
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69th Legislature 2025 SB 57
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ENROLLED BILL
not exceeding 1/4 of 1% of the total votes cast for and against the question and a petition as set forth in
subsection (1)(a) is filed with the secretary of state. This petition must be signed by not less than 25 electors of
the district, representing at least two counties, and must be filed within 5 days after the official canvass.
(f) a canvassing board petitions for requires the election administrator to conduct a recount, as
provided in 13-15-403. The recount must follow the procedure established in part 4 of this chapter.
(2) If the election is a school election, the petition is filed with the school election filing officer.
(3) When a recount is required under subsection (1)(b), (1)(d), or (1)(e), the secretary of state shall
immediately notify each election administrator of the filing of the petition, and a recount must be conducted in all
precincts in each affected county."
Section 3. Effective date. [This act] is effective on passage and approval.
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I hereby certify that the within bill,
SB 57, 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. 57
INTRODUCED BY M. CUFFE
BY REQUEST OF THE SENATE SELECT COMMITTEE ON ELECTIONS
AN ACT REVISING COUNTY CANVASSING PROCESSES; REQUIRING A BOARD OF COUNTY
CANVASSERS TO COMPARE THE NUMBER OF VOTES CAST TO THE NUMBER OF ELECTORS AND THE
NUMBER OF PERSONS WHO VOTED DURING CANVASS; REQUIRING A BOARD OF COUNTY
CANVASSERS TO INVESTIGATE DISCREPANCIES OR ERRORS IN VOTE COUNTS; PROVIDING THAT A
BOARD OF COUNTY CANVASSERS MAY REQUIRE A RECOUNT OF VOTES IN AN INVESTIGATION OF
DISCREPANCIES OR ERRORS; AMENDING SECTIONS 13-15-403 AND 13-16-201, MCA; AND PROVIDING
AN IMMEDIATE EFFECTIVE DATE.