Montana HB 756: Provide for automatic voter registration with opt out

Bill Text

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68th Legislature 2023 HB 756.1

- 1 - Authorized Print Version – HB 756

HOUSE BILL NO. 756 1
INTRODUCED BY E. STAFMAN 2
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A BILL FOR AN ACT ENTITLED: “AN ACT PROVIDING FOR AUTOMATIC VOTER REGISTRATION WITH 4
AN OPT-OUT PROVISION; PROVIDING FOR THE SECURE TRANSFER OF VOTER REGISTRATION 5
INFORMATION FROM THE DEPARTMENT OF JUSTICE AND THE DEPARTMENT OF PUBLIC HEALTH 6
AND HUMAN SERVICES TO THE SECRETARY OF STATE AND THE COUNTY ELECTION 7
ADMINISTRATORS; PROVIDING A LIMITATION ON INFORMATION SHARING; PROVIDING FOR A 8
PROVISIONAL ELECTOR TO BECOME A REGISTERED ELECTOR; PROVIDING RULEMAKING 9
AUTHORITY; AMENDING SECTIONS 13-2-110, 13-2-205, 13-2-222, 53-2-105, AND 61-5-107, MCA; AND 10
PROVIDING EFFECTIVE DATES.” 11
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: 13
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NEW SECTION. Section 1. Short title. [Sections 1 through 9] may be cited as the "Montana 15
Automated Voter Verification Act". 16
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NEW SECTION. Section 2. Automatic voter information transfer when applying for new or 18
updated driver's license or state identification card. (1) (a) (i) At the time of processing an application for a 19
driver's license or motorcycle endorsement under 61-5-107 or a state identification card under 61-12-501 or an 20
application to renew, update, correct, or replace a driver's license, motorcycle endorsement, or state 21
identification card, the department of justice shall use information in the statewide voter registration database to 22
determine whether the applicant is already registered to vote and check whether complete information is in the 23
database. 24
(ii) At the time of processing an application for public assistance as defined in 53-2-101, the 25
department of public health and human services shall use information in the statewide voter registration 26
database to determine whether the applicant is already registered to vote and check whether complete 27
information is in the database. 28

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68th Legislature 2023 HB 756.1

- 2 - Authorized Print Version – HB 756

(b) If the check of the statewide voter registration database indicates that the applicant is 1
registered to vote, but the information provided in the application is different or more complete than the 2
applicant's information in the statewide voter registration database or the applicant is an inactive or provisionally 3
registered elector, the department of justice or the department of public health and human services, utilizing an 4
automated system or database that provides for the electronic transfer of information, shall provide for the 5
secure electronic transfer to the secretary of state of the applicant's full name, date of birth, driver's license or 6
state identification number, residence address, mailing address, if different from the residence address, county 7
of residence, and an electronic image of the person's signature. 8
(c) If the check of the statewide voter registration database indicates that the applicant is not 9
registered to vote and the applicant provides affirmation of United States citizenship and is of sufficient age to 10
register to vote, the department of justice or the department of public health and human services, utilizing an 11
automated system or database that provides for the electronic transfer of information, shall provide for the 12
secure electronic transfer to the secretary of state of the applicant's full name, date of birth, driver's license or 13
state identification number, residence address, mailing address, if different from the residence address, county 14
of residence, and an electronic image of the person's signature. 15
(d) If the check of the statewide voter registration database indicates that the applicant is not 16
registered to vote, but the applicant provides an affirmation proving the applicant is not a United States citizen, 17
the department of justice or the department of public health and human services may not transfer the 18
applicant's information to the secretary of state, and the applicant may not be offered the opportunity to register 19
to vote. 20
(2) (a) If the check of the statewide voter registration database indicates that the applicant is not 21
registered to vote and the applicant does not meet the requirements of subsections (1)(c) or (1)(d), an applicant 22
who is of sufficient age to register to vote must be provided with the opportunity to register to vote as part of the 23
department of justice's or the department of public health and human services' application process. 24
(b) If the applicant indicates eligibility to register, including United States citizenship by signed 25
affidavit, and does not decline registration in accordance with subsection (2)(c), the department of justice or the 26
department of public health and human services shall provide for the secure electronic transfer to the secretary 27
of state of the applicant's full name, date of birth, driver's license or state identification number, residence 28

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68th Le