Mont. Code Ann. § 13-1-303
This is the official text of Mont. Code Ann. § 13-1-303, part of Montana’s Code Ann — part of the compiled statutory law of Montana, published by the state as "Code Ann." Browse the sections below, each linked to its official government source.
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13-1-303 Disposition of ballots and other election materials
Official statutory text
13-1-303 . Disposition of ballots and other election materials. (1) (a) Except for a federal election and as provided in 13-15-301 (2), the voted ballots, detached stubs, unvoted ballots, and unused ballots from an election must be kept in the unopened packages received from the election judges for a period of 12 months. The packages may be opened only when an order for opening is given by the proper official either for a recount procedure or to process provisional ballots.
(b) The voted ballots, detached stubs, unvoted ballots, and unused ballots from a federal election must be retained in the unopened packages received from the election judges for a period of 22 months. The packages may be opened only as provided in subsection (1)(a) or for a postelection random-sample audit of vote-counting machines.
(c) An election administrator may dispose of the ballots as provided in subsection (2) if after the time periods provided for in this subsection (1), there is no:
(i) contest begun;
(ii) recount pending; or
(iii) appeal of a decision relating to a contest, a recount, or a postelection random-sample audit.
(2) Each election administrator shall prepare a plan for retention and destruction of election records in the county according to the retention schedules established by the local government records committee provided for in 2-6-1201 .
(b) The voted ballots, detached stubs, unvoted ballots, and unused ballots from a federal election must be retained in the unopened packages received from the election judges for a period of 22 months. The packages may be opened only as provided in subsection (1)(a) or for a postelection random-sample audit of vote-counting machines.
(c) An election administrator may dispose of the ballots as provided in subsection (2) if after the time periods provided for in this subsection (1), there is no:
(i) contest begun;
(ii) recount pending; or
(iii) appeal of a decision relating to a contest, a recount, or a postelection random-sample audit.
(2) Each election administrator shall prepare a plan for retention and destruction of election records in the county according to the retention schedules established by the local government records committee provided for in 2-6-1201 .
Status: in_force · Read it on the official government site
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