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Current as of January 01, 2024 | Updated by FindLaw Staff
(1) A covered voter who is registered to vote in this state may apply for a military-overseas ballot:
(a) using either the regular absentee ballot application in use in the voter's jurisdiction under 13-13-212 or the federal postcard application or the application's electronic equivalent;
(b) by making a written request, which must include the voter's birth date and signature; or
(c) by making an electronic request that includes the voter's birth date and affirmation of the voter's eligibility to vote under the Montana Absent Uniformed Services and Overseas Voter Act.
(2) A person who holds a power of attorney from a uniformed-service voter may apply for an absentee ballot for that election on behalf of the uniformed-service voter. The applicant shall provide a copy of the power of attorney authorizing the request for an absentee ballot along with the application.
(3) A covered voter who is not registered to vote in Montana may use a federal postcard application or the application's electronic equivalent to apply simultaneously to register to vote under 13-21-221 and for a military-overseas ballot.
(4) The secretary of state shall ensure that the electronic transmission system described in 13-21-106 (3) is capable of accepting the submission of a federal postcard application. The voter may use the electronic transmission system or any other approved method to apply for a military-overseas ballot.
(5) A covered voter may use the declaration accompanying a federal write-in absentee ballot as an application for a military-overseas ballot simultaneously with the submission of the federal write-in absentee ballot if the declaration is received by the appropriate election official within the time period required by this chapter.
(6) An application from a covered voter who applies for a ballot under this section is considered a request for an absentee ballot for all elections held through December 31 of the year following the calendar year of application or for a shorter period if requested by the covered voter.
(7) To receive the benefits of this chapter, a covered voter shall inform the appropriate election official that the voter is a covered voter. Methods of informing the appropriate election official that a voter is a covered voter include:
(a) the use of a federal postcard application or federal write-in absentee ballot;
(b) the use of an overseas address on an approved voter registration application or ballot application; and
(c) the inclusion on an approved voter registration application or ballot application or other information sufficient to identify the voter as a covered voter.
(8) This section does not preclude a covered voter from voting under Title 13, chapter 13, part 2.
Cite this article: FindLaw.com - Montana Title 13. Elections § 13-21-222. Methods of applying for military-overseas ballot - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-13-elections/mt-code-ann-sect-13-21-222/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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