13-21-207. (Temporary) Registration and voting by facsimile and internet authorized. Notwithstanding other provisions of this title, each election administrator may, in any primary election, general election, and special election, take the following acts by facsimile transmission, if facsimile facilities are available, or electronically through the internet for a United States elector, if internet facilities that provide for secrecy are available, in place of the public mails:
     (1) register an individual to vote;
     (2) give notice of registration;
     (3) receive requests for an absentee ballot;
     (4) transmit absentee ballots to electors; and
     (5) receive absentee ballots from electors. (Effective January 1, 2012)
     13-21-207. (Effective January 1, 2012) . Registration and voting electronically -- definition. (1) Notwithstanding other provisions of this title, each election administrator shall, in any primary election, general election, and special election, allow a United States elector to take the following actions electronically in place of the public mails:
     (a) register an individual to vote;
     (b) give notice of registration;
     (c) receive requests for an absentee ballot;
     (d) transmit absentee ballots to electors; and
     (e) receive absentee ballots from electors.
     (2) A ballot cast by a United States elector pursuant to this section may be counted only if it is transmitted by the elector to the election administrator before the close of polls on election day and is received by the election administrator before 5 p.m. on the day after the election. Ballots received pursuant to this section must be counted at the same time as provisional ballots are counted.
     (3) For purposes of this section, "electronically" means by facsimile transmission or electronic mail. The term includes internet-based voting if an internet-based voting system approved by the secretary of state is available to the election administrator.

     History: En. Sec. 2(1), Ch. 111, L. 1991; amd. Sec. 2, Ch. 80, L. 1999; amd. Sec. 21, Ch. 557, L. 2003; Sec. 13-13-277, MCA 2001; redes. 13-21-207 by Sec. 24, Ch. 557, L. 2003; amd. Sec. 3, Ch. 278, L. 2009.