Mont. Admin. r. 44.3.102

Current through Register Vol. 21, November 2, 2024
Rule 44.3.102 - ROLE OF SECRETARY OF STATE
(1) The Secretary of State is empowered under the Voting Accessibility Act, 13-1-202, MCA, and these rules to:
(a) establish guidelines that define and determine accessibility at the polling place;
(b) prescribe the forms and materials necessary to ensure uniformity in the surveying of polling places;
(c) determine what constitutes an emergency that allows an exemption from accessibility status;
(d) grant exemptions to the requirement that a polling place shall be accessible to the elderly and individuals with disabilities;
(e) establish procedures to ensure that any individual with a disability or elderly voter assigned to an inaccessible polling place will be provided with an alternative means for casting a ballot on election day;
(f) provide public notice, calculated to reach individuals with disabilities or elderly electors in a timely manner, of the:
(i) availability of aids under the Voting Accessibility Act;
(ii) assistance under section 208 of the Voting Rights Act of 1965 ( 42 U.S.C. 1973 aa-6); and
(iii) procedures for voting by absentee ballot; and
(g) report to the applicable federal agency, in a manner to be determined by the agency:
(i) the number of accessible polling places in the state;
(ii) the number of inaccessible polling places; and
(iii) the reasons for each instance of inaccessibility.
(2) These are the rules adopted to establish and maintain uniformity in the implementation of the Voting Accessibility Act.

Mont. Admin. r. 44.3.102

NEW, 1986 MAR p. 462, Eff. 3/28/86; AMD, 2008 MAR p. 1329, Eff. 6/27/08.

This rule is advisory only, but may be considered a correct interpretation of the law. 13-3-205, MCA; IMP, 13-3-205, MCA;