EAIElectoral Access Index
How accessible is the franchise under codified procedure?
Dimensions
Administration
50.0% · 1/1| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| ADMIN.1Election administration independenceIs the election administration body's independence (appointment by multiple branches, fixed terms, balanced political composition) codified in statute or constitution? | 0.5/150.0% | Montana codifies bipartisan composition of election bodies — absentee election boards take one member from each of the two leading parties (§ 13-13-225), election judges are drawn from both parties — but the chief election officer is a single elected partisan officeholder (the Secretary of State), so independence is partial. | § view source 2026-05-22 |
Eligibility
60.0% · 3/5| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| ELIG.1Age and residency in constitutionAre the minimum age and residency requirements for voting set in the constitution (rather than statute alone)? | 0/10.0% | No section in the FTS-surfaced candidates satisfies this criterion. Best signal: FTS surfaced petitioner-qualification cross-references and definitions; Montana's voter age and 30-day residency requirements are set in statute (§ 13-1-111) and in Article IV of the Montana Constitution, which is outside the ingested Title 13 corpus. | § view source 2026-05-22 |
| ELIG.2Disqualification frameworkIf voters can be disqualified (felony, mental incompetence), are the criteria and the duration codified in statute, with a defined restoration procedure? | 2/366.7% | § 13-1-111 codifies the disqualification criteria — a felon loses the vote only while serving a sentence in a penal institution, and a person of unsound mind loses it until restored to capacity — with statutory restoration built in. Statute plus statutory restoration; level 2. “A person convicted of a felony does not have the right to vote while the person is serving a sentence in a penal institution.” | § view source 2026-05-22 |
| ELIG.3Restoration of voting rightsWhere rights are lost (e.g., post-felony), is the procedure for restoration codified, with statutory deadlines and automatic restoration where applicable? | 1/1100.0% | Restoration is codified — under § 13-1-111 a felon's right is lost only 'while ... serving a sentence in a penal institution', so it returns automatically on release; a person of unsound mind regains the vote on being restored to capacity as provided by law. “A person adjudicated to be of unsound mind does not have the right to vote unless the person has been restored to capacity as provided by law.” | § view source 2026-05-22 |
Identification
60.0% · 3/5| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| ID.1Statutory groundingIf ID is required at any point in voting, is the requirement set in statute rather than regulation? If no ID is required, is that explicit in statute? | 1/1100.0% | § 13-13-114 sets the voter-ID requirement in statute — an elector must present identification before receiving a ballot. “Before an elector is permitted to receive a ballot or vote, the elector shall present to an election judge one of the following forms of identification” | § view source 2026-05-22 |
| ID.2Enumerated acceptable IDsAre the acceptable ID forms exhaustively enumerated in statute, not left to administrator discretion? | 1/1100.0% | § 13-13-114 exhaustively enumerates the acceptable ID forms in statute (Montana driver's license, state ID, military ID, tribal photo ID, U.S. passport, concealed-carry permit, university/college student photo ID), plus a documentary alternative (utility bill etc. with photo ID). “a Montana driver's license, Montana state identification card issued pursuant to 61-12-501, military identification card, tribal photo identification card, United States passport, Montana concealed carry permit” | § view source 2026-05-22 |
| ID.3Free alternative IDIf government-issued ID is required, is a free state-issued ID available by statute to anyone who lacks one? | 0/10.0% | No section in the FTS-surfaced candidates satisfies this criterion. Best signal: Montana enumerates acceptable IDs and a documentary alternative (a utility bill or similar plus photo ID), but does not provide a free state-issued ID card by statute for voters who lack one. | § view source 2026-05-22 |
| ID.4At-polls cure procedureIs the cure procedure for a voter who arrives without ID (provisional ballot, affidavit, return-with-ID, signature match) defined in statute? | 1/1100.0% | A voter who cannot present sufficient ID casts a provisional ballot (§ 13-13-114(2), § 13-13-601) and has until 5 p.m. the day after the election to provide identification or eligibility information (§ 13-15-107) — a codified at-polls cure procedure. “Before being given a ballot, an elector casting a provisional ballot” | § view source 2026-05-22 |
| ID.5Rejection appeal procedureIs the appeal procedure for a rejected ID (or rejected provisional ballot due to ID) codified in statute? | 0/10.0% | No matching sections in corpus (FTS returned 0 candidates) — concept not codified in this jurisdiction's election statute. | no FTS match 2026-05-22 |
Registration
78.6% · 6/7| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| REG.1Statutory registration deadlineIs the registration cutoff relative to election day defined by statute (not regulation or administrative directive)? | 1/1100.0% | § 13-2-301 sets the registration cutoff in statute — regular registration closes 30 days before any election — and § 13-2-304 codifies late registration through noon the day before, and election-day, voting. “close regular registrations for 30 days before any election” | § view source 2026-05-22 |
| REG.2Enumerated registration methodsAre the available registration methods (in-person, mail, online, motor-voter, automatic, same-day where applicable) exhaustively enumerated in statute? | 0.5/150.0% | Montana codifies multiple registration methods — in-person and by mail (§ 13-2-110), agency-based registration (§ 13-2-221), motor-voter, and late/election-day registration (§ 13-2-304) — but they are spread across sections rather than set out as a single exhaustive enumeration. | § view source 2026-05-22 |
| REG.3Cure procedure for incomplete registrationDoes statute define a cure procedure when a registration is rejected as incomplete? | 1/1100.0% | Montana does not reject incomplete registrations outright — under § 13-2-110 insufficient information results in provisional registration, and § 13-2-513 codifies the procedure for the election administrator to correct or update the registration once the elector supplies the corrected form. “the election administrator shall make the necessary corrections or updates in the registration records” | § view source 2026-05-22 |
| REG.4Rejection challenge rightIs the voter's right to challenge a rejected or removed registration codified in statute? | 1/1100.0% | § 13-13-301 codifies the voter's right to contest a challenge to their registration — the challenged elector may refute the challenge by sworn affidavit, must be notified of the challenge and grounds, and may cast a provisional ballot. “the challenged elector may fill out and sign an affidavit to refute the challenge and swear that the elector is eligible to vote.” | § view source 2026-05-22 |
| REG.5Roll-maintenance criteria in statuteAre the criteria for removing voters from rolls (death, change of address, inactivity) defined in statute, not regulation? | 1/250.0% | § 13-2-402 enumerates the roll-removal criteria in statute — written request, death, adjudicated unsound mind, felony incarceration, court order, registration elsewhere, and failure to respond to confirmation mailings followed by two missed federal general elections. Statutory; level 1. “The election administrator shall cancel the registration of an elector if:” | § view source 2026-05-22 |
| REG.6Pre-purge notice & cure periodIs a statutory notice-and-opportunity-to-cure required before a voter is removed from the rolls? | 1/1100.0% | Montana codifies notice-and-cure before removal — § 13-2-220 requires confirmation notices, and an elector is canceled under § 13-2-402(7) only after failing to respond to confirmation mailings, being placed on the inactive list, and then missing two consecutive federal general elections. “must be followed within 30 days by an appropriate confirmation notice” | § view source 2026-05-22 |
Roll Integrity
50.0% · 1/1| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| ROLL.1Voter-data security & breach notificationIs the data security regime for the voter registry (encryption requirements, breach notification, access logs) codified in statute? | 0.5/150.0% | § 13-2-108 directs the Secretary of State to adopt rules on the technical security and information security of the statewide voter registration system (including shielding driver's-license and social-security numbers); the specifics — encryption, breach notification, access logs — are left to rule rather than codified in statute. | § view source 2026-05-22 |
Voter Assistance
33.3% · 1/3| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| ASSIST.1Language assistance thresholdAre the triggers for language assistance (bilingual ballots, language-minority population thresholds) codified in statute? | 0/10.0% | No matching sections in corpus (FTS returned 0 candidates) — concept not codified in this jurisdiction's election statute. | no FTS match 2026-05-22 |
| ASSIST.2Disability assistanceIs the right to be assisted in voting by a person of the voter's choosing — and the rules for who may assist — codified in statute? | 1/1100.0% | § 13-13-119 codifies the right of a disabled elector to assistance — the elector may designate an agent of their own choosing (§ 13-1-116) or be assisted by two election judges of different parties; § 13-35-208 criminalizes deceiving an assisted elector. “A disabled elector may request assistance in marking the elector's ballot.” | § view source 2026-05-22 |
| ASSIST.3Illiteracy assistanceIs assistance for voters who cannot read codified, with a defined procedure protecting ballot secrecy? | 0/10.0% | No matching sections in corpus (FTS returned 0 candidates) — concept not codified in this jurisdiction's election statute. | no FTS match 2026-05-22 |
Voting Methods
83.3% · 5/6| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| VM.1In-person polling-place hoursAre polling-place opening and closing hours set by statute (not local administrative discretion)? | 1/1100.0% | § 13-1-106 sets polling-place hours in statute — 7 a.m. to 8 p.m. — with a noon-to-8 option for small precincts; hours are not left to local administrative discretion. “polling places must be open from 7 a.m. to 8 p.m.” | § view source 2026-05-22 |
| VM.2Mail-in voting procedureIf mail-in voting is permitted, is the full procedure (application, deadline, return, signature verification, cure) codified in statute? | 1/1100.0% | § 13-19-106 codifies the full mail-ballot-election procedure — ballot mailed to every qualified elector, secrecy envelope, signature envelope, qualification by signature-envelope examination, an 8 p.m. election-day return deadline — with § 13-13-602 providing the fail-safe cure. “An official ballot must be mailed to every qualified elector of the political subdivision conducting the election.” | § view source 2026-05-22 |
| VM.3Absentee voting frameworkIs the absentee voting framework (eligibility, application, return, treatment) codified in statute? | 1/1100.0% | § 13-13-212 codifies the absentee-voting framework — any elector may apply (no excuse required), with the application, return, subsequent-election absentee list and address-confirmation process all defined; § 13-13-241 governs signature-envelope examination and treatment. “an elector may apply for an absentee ballot by using a standard application form” | § view source 2026-05-22 |
| VM.4Early voting periodIf early in-person voting is permitted, is the early voting period and the locations rule set by statute? | 0/10.0% | No matching sections in corpus (FTS returned 0 candidates) — concept not codified in this jurisdiction's election statute. | no FTS match 2026-05-22 |
| VM.5Drop-box procedureIf ballot drop-boxes are permitted, are placement, security, and chain-of-custody procedures defined in statute (not administrative directive)? | 1/1100.0% | § 13-19-307 codifies the ballot drop-off framework for mail-ballot elections — designated places of deposit, each staffed by at least two election officials, with an official ballot transport box secured as provided by law and poll watchers permitted. “Each place of deposit must be staffed by at least two election officials” | § view source 2026-05-22 |
| VM.6Provisional ballot right & procedureIs the right to cast a provisional ballot, and the procedure for adjudicating it, codified in statute? | 1/1100.0% | § 13-13-601 codifies the right to cast a provisional ballot and the at-polls procedure, and § 13-15-107 codifies adjudication — a cure window to 5 p.m. the day after the election and the rules for counting or rejecting the ballot. “shall cast and return the provisional ballot to an election judge” | § view source 2026-05-22 |