EIIElection Integrity Index
How well does the legal framework defend against vote-altering attacks?
Dimensions
Citizen Verifiability
31.3% · 3/8| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| 4.1Public verification artifactDoes law mandate a downloadable public package containing certificates, device records, and result signatures? | 0.5/150.0% | § 13-15-113 requires a precinct-level reconciliation spreadsheet (ballots issued, cast, accepted, rejected per precinct) to be posted publicly to the county election website, and a statewide comprehensive reconciliation report to be published; a public verification artifact, though without cryptographic certificates, device records or result signatures. “The spreadsheet must be posted to the county election website in a place accessible by all members of the public” | § view source 2026-05-22 |
| 4.2End-to-end verifiability permittedDoes law permit (or require) per-voter cryptographic receipts that prove inclusion without revealing the vote? | 0/50.0% | No matching sections in corpus (FTS returned 0 candidates) — concept not codified in this jurisdiction's election statute. | no FTS match 2026-05-22 |
| 4.3Voter-verifiable paper trailIs voter-verifiable paper record (VVPAT or hand-marked paper) legally required? | 1/1100.0% | Montana votes on hand-marked paper ballots — § 13-13-116 governs delivery and marking of the paper ballot, and § 13-17-103(1)(k) bars approval of any voting system that does not use a paper ballot allowing votes to be manually counted. “Before delivering a paper ballot to an elector, the election judges shall” | § view source 2026-05-22 |
| 4.4Citizen re-tally rightCan any citizen — not just parties — legally re-tally from published precinct data? | 1/1100.0% | § 13-1-109 makes all election records public and open to inspection, and § 13-15-113 requires precinct-level ballot counts to be posted to the county election website — any citizen can obtain the precinct data needed to re-tally. “all records pertaining to elector registration and elections are public records.” | § view source 2026-05-22 |
Custody Hardware
56.3% · 5/8| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| 2.1Hardware tamper standardAre tamper-evident or tamper-responsive hardware standards mandated? | 2/540.0% | Montana requires election materials and ballot containers to be sealed, with each election judge signing across all seals (§ 13-15-205) and sealed packages openable only by court order (§ 13-15-108); voting systems must be 'protected from tampering' (§ 13-17-103). Tamper-evident seals are mandated — no tamper-responsive auto-quarantine. Level 2. “Each election judge shall sign the judge's name across all seals.” | § view source 2026-05-22 |
| 2.2Network isolation mandateIs internet/Wi-Fi/cellular connectivity legally prohibited on vote-casting equipment? | 1/1100.0% | Montana mandates network isolation — § 13-17-103(1)(m) bars approval of any voting system not certified free of modems or other unauthorized external communication devices, and § 13-35-205 makes installing or using such a device a crime. “is certified by the manufacturer to be free of any modems or other unauthorized external communication devices” | § view source 2026-05-22 |
| 2.3Custody documentationIs full chain-of-custody documentation required and publicly available? | 0.5/150.0% | Montana codifies sealed-package custody — ballots are sealed in the presence of the election administrator and the recount board and delivered to the administrator for custody (§ 13-16-417), judges sign across all seals (§ 13-15-205), and election records are public (§ 13-1-109); but a single comprehensive publicly-available chain-of-custody log is not mandated. “must be delivered to the election administrator for custody.” | § view source 2026-05-22 |
| 2.4Tamper criminal penaltyAre there explicit criminal penalties for unauthorized device access? | 1/1100.0% | § 13-35-205 makes it a crime (tampering with public records or information, punishable under 45-7-208) to install or use a modem or other unauthorized external communication device in a voting system; § 13-35-206 criminalizes physical tampering with voting equipment. “installs a modem or other unauthorized external communication device in a voting system” | § view source 2026-05-22 |
Post Election Audit
50.0% · 5/9| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| 3.1Mandatory auditIs a post-election audit legally required for every election? | 0.5/150.0% | § 13-17-503 mandates a random-sample audit by the county audit committee after every federal election; § 13-17-510 makes the audit only optional after nonfederal elections, so it is not required for every election. “the county audit committee shall conduct a random-sample audit” | § view source 2026-05-22 |
| 3.2Audit methodWhat audit method is mandated? | 2/540.0% | § 13-17-503 sets a fixed-percentage hand audit — at least 10% of precincts per county — manually counted and compared to the vote-counting-machine totals under § 13-17-506, escalating to more precincts on a discrepancy (§ 13-17-507). A fixed-percentage hand recount, not a risk-limiting audit. Level 2. “at least 10% of the precincts in each county or a minimum of two precincts in each county, whichever is greater” | § view source 2026-05-22 |
| 3.3Audit triggers beyond mandatoryDoes law trigger additional audits on close margins or sworn challenges? | 0/10.0% | No section in the FTS-surfaced candidates satisfies this criterion. Best signal: Montana's random-sample audit is triggered by the federal-election calendar (mandatory) or a county board's request for nonfederal elections (§ 13-17-510); close margins trigger a recount rather than an additional audit, and there is no sworn-challenge audit trigger. | § view source 2026-05-22 |
| 3.4Public observation of auditAre parties, media, and citizens granted observer access to the audit? | 1/1100.0% | § 13-17-506(3) requires the audit process to be public, § 13-17-505(2) opens the precinct-selection process to the public, and § 13-17-507(4) makes the audit results public. “The audit process must be public.” | § view source 2026-05-22 |
| 3.5Binding forceAre audit results legally binding on the final certified result? | 1/1100.0% | The audit feeds the official result — § 13-17-506 has the county audit committee certify the audit results to the election administrator and secretary of state, and § 13-17-507(1) makes it binding: where the audit and machine totals disagree, the random-sample audit results 'must serve as the definitive record for purposes of the canvass'. “the county audit committee shall certify the results to the county election administrator and the secretary of state” | § view source 2026-05-22 |
Software Verifiability
11.1% · 1/9| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| 1.1Source code disclosureIs voting system source code legally accessible? | 0/50.0% | No section in the FTS-surfaced candidates satisfies this criterion. Best signal: FTS surfaced campaign and petition disclosure provisions; the MCA does not grant access to voting-system source code — § 13-17-103(1)(l) lets auditors monitor software while it runs, but the source code itself stays with the vendor. | § view source 2026-05-22 |
| 1.2Reproducible builds requirementMust the binary that runs in production be reproducibly buildable from public source? | 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 |
| 1.3Pre-election binary commitmentIs the running binary cryptographically committed (hash published) before polls open? | 0/10.0% | No section in the FTS-surfaced candidates satisfies this criterion. Best signal: The 'digital signature' provisions concern overseas-voter authentication (a U.S. Department of Defense common access card), not a cryptographic commitment of the voting-system binary; Montana does not require pre-election publication of a software hash. | § view source 2026-05-22 |
| 1.4Election definition publicationAre ballot contests, layouts, and tabulation rules signed and published before polls open? | 0.5/150.0% | § 13-17-203 requires the election administrator to publish a sample ballot layout, a voting-system diagram and voting instructions 2 to 12 days before an election; the ballot layout is published pre-election, but it is not cryptographically signed and tabulation rules are not included. “a diagram showing the voting system to be used by voters and a sample of the ballot layout” | § view source 2026-05-22 |
| 1.5Post-election integrity checkDoes law grant a right to verify the actual running binary matches the committed one? | 0.5/150.0% | § 13-17-103(1)(l) grants auditors the right to monitor voting-system software while it runs, and § 13-17-507 / § 13-17-509 require expert software examination of any machine that fails the random-sample audit; there is, however, no committed-binary hash to verify against. “allows auditors to access and monitor any software program while it is running on the system to determine whether the software is running properly” | § view source 2026-05-22 |
Transparency Observation
37.5% · 3/8| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| 6.1Domestic observer rightsAre party and civil-society observers given full procedural access? | 1/1100.0% | § 13-13-120 entitles a poll watcher from each political party to observe voting and all vote-counting procedures, and § 13-13-121 lets any candidate or group with an interest in the election request additional poll watchers — broad domestic observer access. “Poll watchers must also be permitted to observe all of the vote counting procedures of the judges after the closing of the polls” | § view source 2026-05-22 |
| 6.2International observer accessAre OSCE/EU/IFES international observers admitted by default? | 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 |
| 6.3Precinct-level results publication speedAre precinct-level results legally required to be published within 24h of poll close? | 2/540.0% | § 13-15-113 requires a precinct-level reconciliation spreadsheet to be posted to the county election website no later than the county canvass meeting, which occurs within roughly a week of election day; unofficial results are available election night. Level 2: within one week. “The spreadsheet must be posted to the county election website in a place accessible by all members of the public no later than when the board of county canvassers meets” | § view source 2026-05-22 |
| 6.4Public election event logIs a public, signed, append-only election event log legally required? | 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 |
Vendor Independence
25.0% · 1/4| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| 5.1Multi-vendor capabilityDoes law permit multiple certified vendors to operate in the same election? | 1/1100.0% | Montana approves voting systems by type (§ 13-17-101, § 13-17-103) and each county independently acquires and pays for its own system; nothing restricts the state to a single vendor, so multiple certified vendors may operate across counties in the same election. “A county that acquires the new voting system shall cover the cost of the third-party test.” | § view source 2026-05-22 |
| 5.2Open protocol standardsAre vote-format / device-protocol standards open and publicly documented? | 0/10.0% | No section in the FTS-surfaced candidates satisfies this criterion. Best signal: § 13-17-103 sets functional voting-system specifications and authorizes the secretary of state to adopt electronic security standards by rule, but Montana does not codify open, publicly-documented vote-format or device-protocol standards. | § view source 2026-05-22 |
| 5.3Contract duration capAre vendor contracts capped in duration, preventing perpetual lock-in? | 0/10.0% | No section in the FTS-surfaced candidates satisfies this criterion. Best signal: FTS surfaced the commissioner's deputy-appointment contract provision; Montana does not cap the duration of voting-system vendor contracts. | § view source 2026-05-22 |
| 5.4Source-code escrowIs source-code escrow with the state required as a condition of certification? | 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 |
Voter Access
100.0% · 7/7| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| 7.1Ballot secrecy guaranteeIs voter–ballot unlinkability legally guaranteed and enforceable? | 1/1100.0% | § 13-1-102 guarantees the secret ballot — 'All elections shall be by secret ballot' — reinforced by Article IV, section 1 of the Montana Constitution, and § 13-17-103(1)(a) requires every voting system to let an elector vote in secrecy. “All elections shall be by secret ballot.” | § view source 2026-05-22 |
| 7.2Accessibility mandateAre accessibility standards (vision, motor, language) legally required at every polling place? | 5/5100.0% | Montana mandates comprehensive accessibility — § 13-3-205 requires polling-place standards complying with the ADA, § 13-3-208 requires at least one voter interface device at each polling place letting disabled electors vote independently and privately, and § 13-17-103(2)(b) requires accessible voting technology for hearing, vision, speech and ambulatory impairments. Level 5. “the election administrator shall ensure that at least one voter interface device is available at each polling place” | § view source 2026-05-22 |
| 7.3Polling-place density floorIs there a legal floor on polling places per N voters or per geographic area? | 1/1100.0% | § 13-3-101 sets a statutory density floor — a precinct may not contain more than 2,500 registered voters, and a precinct that grows to 3,750 or more must be split to 2,500 or fewer. “A precinct may not contain more than 2,500 registered voters.” | § view source 2026-05-22 |