[NFBMT] SB291 I found it

[d m gina]

Doesn't the public have the same problems as we do trying to vote if 
they don't have the correct machine available?
Also I thought voting by email wasn't acceptable.
That all ballads need to be on paper.

Original message:
> I found it, but it is SB291, not HB291 as was previously stated.



> SENATE BILL NO. 291

> INTRODUCED BY F. THOMAS



> A BILL FOR AN ACT ENTITLED: "AN ACT REVISING LAWS RELATED ONLY TO VOTING
> SYSTEMS AND BALLOT FORM; SPECIFYING THAT AN APPROVED VOTER INTERFACE DEVICE
> WITH ACCESSIBLE VOTING TECHNOLOGY FOR DISABLED ELECTORS MUST BE AVAILABLE AT
> EVERY POLLING PLACE; SPECIFYING MINIMUM STANDARDS FOR DEVICE APPROVAL BY THE
> SECRETARY OF STATE; SPECIFYING STANDARDS FOR USE OF THE DEVICE BY COUNTY
> ELECTION ADMINISTRATORS; AMENDING SECTIONS 13-1-101, 13-12-202, AND
> 13-17-103, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."



> BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:



>      NEW SECTION.  Section 1.  Accessible voting technology. (1) The intent
> of this section is to:

>      (a) ensure that disabled electors have access to voting technology that
> allows the electors to cast ballots independently, privately, and securely;

>      (b) provide that votes cast using accessible voting technology are
> counted in a manner that preserves secrecy; and

>      (c) comply with applicable federal and state law concerning
> accessibility for disabled electors.



>      (2) County election administrators shall ensure that at least one voter
> interface device is available at each polling place. Each voter interface
> device must be set up and located within the polling place in a manner that
> allows any elector using the device to cast a ballot independently and
> privately. A county may choose the type of voter interface device to be used
> in the county, subject to 13-17-101.



>      (3) Subject to subsection (4):

>      (a) votes on a ballot produced by a voter interface device may be
> counted manually or using an automatic tabulating system;

>      (b) ballots counted manually must be counted in accordance with
> 13-15-206; and

>      (c) if ballots produced by a voter interface device cannot be processed
> through an automatic tabulator used in the county and the election
> administrator does not provide for the ballots to be counted manually, the
> election administrator may provide for the votes on each ballot produced by
> the device to be transcribed to the standard ballot form used in the precinct
> so that the ballots may be processed through an automatic tabulator used in
> the county.



>      (4) (a) If the voter interface device produces a ballot form that is
> distinguishable from the standard ballot form used in the precinct, the
> county election administrator shall take measures to protect the secrecy of
> the votes cast by an elector using the device.

>      (b) Measures to ensure secrecy may include but are not limited to:

>      (i) encouraging a portion of the nondisabled electors to use the devise
> to cast their ballots; or

>      (ii) providing that votes on a ballot produced by the voter interface
> device are transcribed in secret to the standard ballot form used in the
> precinct so that the ballots are indistinguishable from and counted with the
> other ballots.

>      (5) Any transcription of votes conducted pursuant to this section must
> be conducted by at least three election officials in substantially the same
> manner as provided for in 13-13-246.



>      Section 2.  Section 13-1-101, MCA, is amended to read:

>      "13-1-101.  Definitions. As used in this title, unless the context
> clearly indicates otherwise, the following definitions apply:



>      (1)  "Active elector" means an elector whose name has not been placed on
> the inactive list due to failure to respond to confirmation notices pursuant
> to 13-2-220 or 13-19-313.



>      (2)  "Active list" means a list of active electors maintained pursuant
> to 13-2-220.



>      (3)  "Anything of value" means any goods that have a certain utility to
> the recipient that is real and that is ordinarily not given away free but is
> purchased.



>      (4)  "Application for voter registration" means a voter registration
> form prescribed by the secretary of state that is completed and signed by an
> elector, is submitted to the election administrator, and contains voter
> registration information subject to verification as provided by law.



>      (5)  "Ballot" means a paper ballot counted manually or a paper ballot
> counted by a machine, such as an optical scan system or other technology that
> automatically tabulates votes cast by processing the paper ballots.



>      (6)  (a) "Ballot issue" or "issue" means a proposal submitted to the
> people at an election for their approval or rejection, including but not
> limited to an initiative, referendum, proposed constitutional amendment,
> recall question, school levy question, bond issue question, or ballot
> question.



>      (b)  For the purposes of chapters 35 and 37, an issue becomes a "ballot
> issue" upon certification by the proper official that the legal procedure
> necessary for its qualification and placement on the ballot has been
> completed, except that a statewide issue becomes a "ballot issue" upon
> preparation and transmission by the secretary of state of the form of the
> petition or referral to the person who submitted the proposed issue.



>      (7)  "Ballot issue committee" means a political committee specifically
> organized to support or oppose a ballot issue.



>      (8)  "Candidate" means:

>      (a)  an individual who has filed a declaration or petition for
> nomination, acceptance of nomination, or appointment as a candidate for
> public office as required by law;

>      (b)  for the purposes of chapter 35, 36, or 37, an individual who has
> solicited or received and retained contributions, made expenditures, or given
> consent to an individual, organization, political party, or committee to
> solicit or receive and retain contributions or make expenditures on the
> individual's behalf to secure nomination or election to any office at any
> time, whether or not the office for which the individual will seek nomination
> or election is known when the:

>      (i)  solicitation is made;

>      (ii) contribution is received and retained; or

>      (iii) expenditure is made; or

>      (c)  an officeholder who is the subject of a recall election.



>      (9)  (a) "Contribution" means:

>      (i)  the receipt by a candidate or a political committee of an advance,
> gift, loan, conveyance, deposit, payment, or distribution of money or
> anything of value to support or oppose a candidate or a ballot issue;

>      (ii) an expenditure, including an in-kind expenditure, that is made in
> coordination with a candidate or ballot issue committee and is reportable by
> the candidate or ballot issue committee as a contribution;

>      (iii) the receipt by a political committee of funds transferred from
> another political committee; or

>      (iv) the payment by a person other than a candidate or political
> committee of compensation for the personal services of another person that
> are rendered to a candidate or political committee.

>      (b)  "Contribution" does not mean services provided without compensation
> by individuals volunteering a portion or all of their time on behalf of a
> candidate or political committee or meals and lodging provided by individuals
> in their private residences for a candidate or other individual.



>      (10) "Coordinated", including any variations of the term, means made in
> cooperation with, in consultation with, at the request of, or with the
> express prior consent of a candidate or political committee or an agent of a
> candidate or political committee.



>      (11) "De minimis act" means an action, contribution, or expenditure that
> is so small that it does not trigger registration, reporting, disclaimer, or
> disclosure obligations under Title 13, chapter 35 or 37, or warrant
> enforcement as a campaign practices violation under Title 13, chapter 37.



>      (12) "Election" means a general, special, or primary election held
> pursuant to the requirements of state law, regardless of the time or purpose.



>      (13) (a) "Election administrator" means, except as provided in
> subsection (13)(b), the county clerk and recorder or the individual
> designated by a county governing body to be responsible for all election
> administration duties, except that with regard to school elections not
> administered by the county, the term means the school district clerk.

>      (b)  As used in chapter 2 regarding voter registration, the term means
> the county clerk and recorder or the individual designated by a county
> governing body to be responsible for all election administration duties even
> if the school election is administered by the school district clerk.



>      (14) (a) "Election communication" means the following forms of
> communication to support or oppose a candidate or ballot issue:

>      (i)  a paid advertisement broadcast over radio, television, cable, or
> satellite;

>      (ii) paid placement of content on the internet or other electronic
> communication network;

>      (iii) a paid advertisement published in a newspaper or periodical or on
> a billboard;

>      (iv) a mailing; or

>      (v)  printed materials.

>      (b)  The term does not mean:

>      (i)  an activity or communication for the purpose of encouraging
> individuals to register to vote or to vote, if that activity or communication
> does not mention or depict a clearly identified candidate or ballot issue;

>      (ii) a communication that does not support or oppose a candidate or
> ballot issue;

>      (iii) a bona fide news story, commentary, blog, or editorial distributed
> through the facilities of any broadcasting station, newspaper, magazine,
> internet website, or other periodical publication of general circulation;

>      (iv) a communication by any membership organization or corporation to
> its members, stockholders, or employees; or

>      (v)  a communication that the commissioner determines by rule is not an
> election communication.



>      (15) "Election judge" means a person who is appointed pursuant to Title
> 13, chapter 4, part 1, to perform duties as specified by law.



>      (16) (a) "Electioneering communication" means a paid communication that
> is publicly distributed by radio, television, cable, satellite, internet
> website, newspaper, periodical, billboard, mail, or any other distribution of
> printed materials, that is made within 60 days of the initiation of voting in
> an election, that does not support or oppose a candidate or ballot issue,
> that can be received by more than 100 recipients in the district voting on
> the candidate or ballot issue, and that:

>      (i)  refers to one or more clearly identified candidates in that
> election;

>      (ii) depicts the name, image, likeness, or voice of one or more clearly
> identified candidates in that election; or

>      (iii) refers to a political party, ballot issue, or other question
> submitted to the voters in that election.

>      (b)  The term does not mean:

>      (i)  a bona fide news story, commentary, blog, or editorial distributed
> through the facilities of any broadcasting station, newspaper, magazine,
> internet website, or other periodical publication of general circulation
> unless the facilities are owned or controlled by a candidate or political
> committee;

>      (ii) a communication by any membership organization or corporation to
> its members, stockholders, or employees;

>      (iii) a commercial communication that depicts a candidate's name, image,
> likeness, or voice only in the candidate's capacity as owner, operator, or
> employee of a business that existed prior to the candidacy;

>      (iv) a communication that constitutes a candidate debate or forum or
> that solely promotes a candidate debate or forum and is made by or on behalf
> of the person sponsoring the debate or forum; or

>      (v)  a communication that the commissioner determines by rule is not an
> electioneering communication.



>      (17) "Elector" means an individual qualified to vote under state law.



>      (18) (a) "Expenditure" means a purchase, payment, distribution, loan,
> advance, promise, pledge, or gift of money or anything of value:

>      (i)  made by a candidate or political committee to support or oppose a
> candidate or a ballot issue; or

>      (ii) used or intended for use in making independent expenditures or in
> producing electioneering communications.

>      (b)  "Expenditure" does not mean:

>      (i)  services, food, or lodging provided in a manner that they are not
> contributions under subsection (9);

>      (ii) payments by a candidate for personal travel expenses, food,
> clothing, lodging, or personal necessities for the candidate and the
> candidate's family;

>      (iii) the cost of any bona fide news story, commentary, blog, or
> editorial distributed through the facilities of any broadcasting station,
> newspaper, magazine, or other periodical publication of general circulation;
> or

>      (iv) the cost of any communication by any membership organization or
> corporation to its members or stockholders or employees.



>      (19) "Federal election" means an election in even-numbered years in
> which an elector may vote for individuals for the office of president of the
> United States or for the United States congress.



>      (20) "General election" means an election that is held for offices that
> first appear on a primary election ballot, unless the primary is canceled as
> authorized by law, and that is held on a date specified in 13-1-104.



>      (21) "Inactive elector" means an individual who failed to respond to
> confirmation notices and whose name was placed on the inactive list pursuant
> to 13-2-220 or 13-19-313.



>      (22) "Inactive list" means a list of inactive electors maintained
> pursuant to 13-2-220 or 13-19-313.



>      (23) (a) "Incidental committee" means a political committee that is not
> specifically organized or operating for the primary purpose of supporting or
> opposing candidates or ballot issues but that may incidentally become a
> political committee by receiving a contribution or making an expenditure.

>      (b)  For the purpose of this subsection (23), the primary purpose is
> determined by the commissioner by rule and includes criteria such as the
> allocation of budget, staff, or members' activity or the statement of purpose
> or goal of the person or individuals that form the committee.



>      (24) "Independent committee" means a political committee organized for
> the primary purpose of receiving contributions and making expenditures that
> is not controlled either directly or indirectly by a candidate and that does
> not coordinate with a candidate in conjunction with the making of
> expenditures except pursuant to the limits set forth in 13-37-216(1).



>      (25) "Independent expenditure" means an expenditure for an election
> communication to support or oppose a candidate or ballot issue made at any
> time that is not coordinated with a candidate or ballot issue committee.



>      (26) "Individual" means a human being.



>      (27) "Legally registered elector" means an individual whose application
> for voter registration was accepted, processed, and verified as provided by
> law.



>      (28) "Mail ballot election" means any election that is conducted under
> Title 13, chapter 19, by mailing ballots to all active electors.



>      (29) "Person" means an individual, corporation, association, firm,
> partnership, cooperative, committee, including a political committee, club,
> union, or other organization or group of individuals or a candidate as
> defined in subsection (8).



>      (30) "Place of deposit" means a location designated by the election
> administrator pursuant to 13-19-307 for a mail ballot election conducted
> under Title 13, chapter 19.



>      (31) (a) "Political committee" means a combination of two or more
> individuals or a person other than an individual who receives a contribution
> or makes an expenditure:

>      (i)  to support or oppose a candidate or a committee organized to
> support or oppose a candidate or a petition for nomination;

>      (ii) to support or oppose a ballot issue or a committee organized to
> support or oppose a ballot issue; or

>      (iii) to prepare or disseminate an election communication, an
> electioneering communication, or an independent expenditure.

>      (b)  Political committees include ballot issue committees, incidental
> committees, independent committees, and political party committees.

>      (c)  A candidate and the candidate's treasurer do not constitute a
> political committee.

>      (d)  A political committee is not formed when a combination of two or
> more individuals or a person other than an individual makes an election
> communication, an electioneering communication, or an independent expenditure
> of $250 or less.



>      (32) "Political party committee" means a political committee formed by a
> political party organization and includes all county and city central
> committees.



>      (33) "Political party organization" means a political organization that:

>      (a)  was represented on the official ballot in either of the two most
> recent statewide general elections; or

>      (b)  has met the petition requirements provided in Title 13, chapter 10,
> part 5.



>      (34) "Political subdivision" means a county, consolidated
> municipal-county government, municipality, special purpose district, or any
> other unit of government, except school districts, having authority to hold
> an election.



>      (35) "Polling place election" means an election primarily conducted at
> polling places rather than by mail under the provisions of Title 13, chapter
> 19.



>      (36) "Primary" or "primary election" means an election held on a date
> specified in 13-1-107 to nominate candidates for offices filled at a general
> election.



>      (37) "Provisional ballot" means a ballot cast by an elector whose
> identity or eligibility to vote has not been verified as provided by law.



>      (38) "Provisionally registered elector" means an individual whose
> application for voter registration was accepted but whose identity or
> eligibility has not yet been verified as provided by law.



>      (39) "Public office" means a state, county, municipal, school, or other
> district office that is filled by the people at an election.



>      (40) "Random-sample audit" means an audit involving a manual count of
> ballots from designated races and ballot issues in precincts selected through
> a random process as provided in 13-17-503.



>      (41) "Registrar" means the county election administrator and any
> regularly appointed deputy or assistant election administrator.



>      (42) "Regular school election" means the school trustee election
> provided for in 20-20-105(1).



>      (43) "School election" has the meaning provided in 20-1-101.



>      (44) "School election filing officer" means the filing officer with whom
> the declarations for nomination for school district office were filed or with
> whom the school ballot issue was filed.



>      (45) "School recount board" means the board authorized pursuant to
> 20-20-420 to perform recount duties in school elections.



>      (46) "Signature envelope" means an envelope that contains a secrecy
> envelope and ballot and that is designed to:

>      (a)  allow election officials, upon examination of the outside of the
> envelope, to determine that the ballot is being submitted by someone who is
> in fact a qualified elector and who has not already voted; and

>      (b)  allow it to be used in the United States mail.



>      (47) "Special election" means an election held on a day other than the
> day specified for a primary election, general election, or regular school
> election.



>      (48) "Special purpose district" means an area with special boundaries
> created as authorized by law for a specialized and limited purpose.



>      (49) "Statewide voter registration list" means the voter registration
> list established and maintained pursuant to 13-2-107 and 13-2-108.



>      (50) "Support or oppose", including any variations of the term, means:

>      (a)  using express words, including but not limited to "vote", "oppose",
> "support", "elect", "defeat", or "reject", that call for the nomination,
> election, or defeat of one or more clearly identified candidates, the
> election or defeat of one or more political parties, or the passage or defeat
> of one or more ballot issues submitted to voters in an election; or

>      (b)  otherwise referring to or depicting one or more clearly identified
> candidates, political parties, or ballot issues in a manner that is
> susceptible of no reasonable interpretation other than as a call for the
> nomination, election, or defeat of the candidate in an election, the election
> or defeat of the political party, or the passage or defeat of the ballot
> issue or other question submitted to the voters in an election.



>      (51) "Valid vote" means a vote that has been counted as valid or
> determined to be valid as provided in 13-15-206.



>      (52) "Voted ballot" means a ballot that is:

>      (a)  deposited in the ballot box at a polling place;

>      (b)  received at the election administrator's office; or

>      (c)  returned to a place of deposit.



>      (53) "Voter interface device" means a voting system that communicates
> voting instructions and ballot information to a voter and that allows the
> voter to select and vote for candidates and issues and to verify and change
> selections and that produces a paper ballot that may be manually counted.



>      (53)(54) "Voting system" or "system" means any machine, device,
> technology, or equipment used to automatically record, tabulate, or process
> the vote of an elector cast on a paper ballot."



>      Section 3.  Section 13-12-202, MCA, is amended to read:

>      "13-12-202.  Ballot form and uniformity. (1) The secretary of state
> shall adopt statewide uniform rules that prescribe the ballot form for each
> type of ballot used in this state. The rules must conform to the provisions
> of this title unless the voting system used clearly requires otherwise. At a
> minimum, the rules must address:

>      (a)  the manner in which each type of ballot may be corrected under
> 13-12-204;

>      (b)  what provisions must be made on the ballot for write-in candidates;

>      (c)  the size and content of stubs on paper ballots, except as provided
> in 13-19-106(1);

>      (d)  how unvoted ballots must be handled;

>      (e)  how the number of individuals voting and the number of ballots cast
> must be recorded; and

>      (f)  the order and arrangement of voting system ballots.



>      (2)  The names of all candidates to that appear on the ballots the face
> of a ballot must be appear in the same font size and style.



>      (3)  Notwithstanding 13-19-106(1) and except as provided in [section 1],
> when the stubs are detached, it must be impossible to distinguish any one of
> the ballots from another ballot for the same office or issue.



>      (4)  The ballots must contain the name of each candidate whose
> nomination is certified under law for an office and no other names, except
> that the names of candidates for president and vice president of the United
> States must appear on the ballot as provided in 13-25-101(5)."



>      Section 4.  Section 13-17-103, MCA, is amended to read:

>      "13-17-103.  Required specifications for voting systems. (1) A voting
> system may not be approved under 13-17-101 unless the voting system:

>      (a)  allows an elector to vote in secrecy;

>      (b)  prevents an elector from voting for any candidate or on any ballot
> issue more than once;

>      (c)  prevents an elector from voting on any office or ballot issue for
> which the elector is not entitled to vote;

>      (d)  allows an elector to vote only for the candidates of the party
> selected by the elector in the primary election;

>      (e)  allows an elector to vote a split ticket in a general election if
> the elector desires;

>      (f)  allows each valid vote cast to be registered and recorded within
> the performance standards adopted pursuant to subsection (2) (3);

>      (g)  is protected from tampering for a fraudulent purpose;

>      (h)  prevents an individual from seeing or knowing the number of votes
> registered for any candidate or on any ballot issue during the progress of
> voting;

>      (i)  allows write-in voting;

>      (j)  will, if purchased by a jurisdiction within the state, be provided
> with a guarantee that the training and technical assistance will be provided
> to election officials under the contract for purchase of the voting system;

>      (k)  uses a paper ballot that allows votes to be manually counted; and

>      (l)  allows auditors to access and monitor any software program while it
> is running on the system to determine whether the software is running
> properly.



>      (2) A voter interface device may not be approved for use in this state
> unless the device:

>      (a) meets the electronic security standards adopted by the secretary of
> state;

>      (b) provides accessible voting technology for electors with hearing,
> vision, speech, or ambulatory impairments; and

>      (c) meets all requirements specified in subsection (1).



>      (2)(3)  To implement the provisions of subsection (1)(f), the secretary
> of state shall adopt rules setting a benchmark performance standard that must
> be met in tests by each voting system prior to approval under 13-17-101. The
> standard must be based on commonly accepted industry standards for readily
> available technologies."



>      NEW SECTION.  Section 5.  Codification instruction. [Section 1] is
> intended to be codified as an integral part of Title 13, chapter 3, part 2,
> and the provisions of Title 13, chapter 3, part 2, apply to [section 1].



>      NEW SECTION.  Section 6.  Effective date. [This act] is effective on
> passage and approval.


> Joy Breslauer, First Vice President and Public Policies Committee chair

> National Federation of the Blind of Montana

> Web Site: http://www.nfbofmt.org <http://www.nfbofmt.org/>



> Live the life you want



> The National Federation of the Blind is a community of members and friends
> who believe in the hopes and dreams of the nation's blind. Every day we work
> together to help blind people live the lives they want.



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