Montana Resources for Voters with Disabilities

What are my rights as a voter with a disability in Montana?

In Montana, you have the right to the following as protected by federal law. Election staff must be trained on and respect these rights:

Accessible voter registration
Accessible polling places
Policies and procedures that do not discriminate against you based on your disability
Accessible, available, and operational voting systems
Your service animal to accompany you inside the polling place
The right to vote privately and independently or with assistance, if needed
Assistance from a person of your choice with certain rules:
- your helper can be a friend, family member, or poll worker
- your helper may not be your boss, union agent or someone who has authority over you at work
- your helper is your designated agent who will follow Montana's assistance guidelines

In Montana, you also have the right to:

Ask an election judge for a new ballot if you damage your ballot or want to change your vote.
Ask for help marking your ballot if you are unable to read or write for any reason
Vote at an accessible polling place. Ask your County Election Official to make sure you are assigned to one.
Vote from your vehicle if a disability prevents you from entering a polling place. A friend or relative may ask an election judge to bring your ballot to your car.
Have a ballot delivered to you if you are homebound or in a nursing home. Your county election official or a nursing home staffer can tell you how.
Vote using an absentee ballot, even if you are capable of voting in person on Election Day. You may request an absentee ballot from your county election official until noon the day before Election Day.
Vote even if you suddenly become ill or have some other health emergency on Election Day.
A Voter Information Pamphlet (VIP) printed in large type, Braille, or recorded on tape if your vision is impaired.

Federal law requires assistance in registering to vote from offices that provide public assistance or state-funded programs serving people with disabilities. Responsibilities of these offices include:

Providing voter registration forms
Assisting voters in completing the forms
Transmitting completed forms to the appropriate election official

All aspects of voter registration must be accessible.

What are the rules of assistance for disabled voters in Montana?

You may request assistance from a poll worker or receive assistance from a person of your choice with the following exceptions:
- your employer or an agent of your employer
- an officer or agent of your union
A poll worker cannot force you to accept assistance
You may also designate an agent to assist you with the voting process on the Designation of Agent by Individual with Disability form. Deliver the signed application to your local election office.

How is the Montana mail-in or absentee ballot process made accessible for voters with print disabilities?

Montana’s Electronic Ballot Request System (EBRS) provides Montana voters with disabilities the option to:

apply for an absentee ballot on-line
receive the ballot on-line
mark the ballot electronically

Voters can access the EBRS beginning 30 days prior to an election. Once marked electronically, ballots must be printed. These printed ballots can be return by mail or in person. All EBRS ballots must be voted and returned by close of the polls on Election day at 8pm.

If you need an alternative ballot, please contact your local election official.

What accommodations are available for voters with disabilities at polling locations in Montana?

Federal law requires polling places to meet minimum compliance standards for individuals with special needs.

The Voting Accessibility for the Elderly and Handicapped Act of 1984 (VAEHA) requires accessible polling places in federal elections for elderly individuals and people with disabilities. Where no accessible location is available to serve as a polling place, voters must be provided an alternate means of voting in person on Election Day.
The Help America Vote Act of 2002 (HAVA) requires at least one accessible voting system for persons with disabilities at each polling place in federal elections. The accessible voting system must provide the same opportunity for access and participation, including privacy and independence, that other voters receive.

In Montana, voters with disabilities can use the Electronic Ballot Request System (EBRS) starting 30 days before election day, until noon the day before election day. For more information, see Montana’s EBRS FAQ.

If you want to vote in person on Election Day, the following accommodations are available:

Every polling place in Montana has at least one accessible voting machine. Montana uses either AutoMARK or ExpressVote.
If you cannot enter a polling place, election judges will assist you with “curbside voting.”
If you have a physical disability or are unable to read or write, you may ask an election judge to help you mark your ballot.
You can also bring anyone along to help you vote (other than your employer or employer’s agent or union agent). With the permission of the election judge, they can go into the voting booth with you and help you vote.
You may also designate an agent to assist you with the voting process on the Designation of Agent by Individual with Disability form. Deliver the signed application to your local election office.
The Voter Information Pamphlet published by the Secretary of State for each state general election is available in braille and audio formats.

If you want to check that your polling location meets these standards or find an alternative polling location, contact your local election official.

If you are unable to stand in line, you can:

Request to be moved to the front of the line
Request that a chair be provided or refuse to accept a chair
Request to have your place in line held and notified when it is your turn

If you are unable to drive to a polling location, contact your county election official to see if you can get a ride from a community service organization.

How can I prepare to use accessible voting equipment prior to Election Day?

Montana has developed a voting with disabilities guide which describes its AutoMARK and ExpressVote accessible voting terminals. Below are short videos demonstrating each voting system:

Contact your local election official to preview a sample ballot and practice using accessible voting equipment.

Who do I contact if I have problems when voting in Montana?

Disability Rights Montana can help you if you have problems related to your disability while voting.

You may file a complaint with the Secretary of State using a Montana HAVA Complaint Form.

The completed form must be signed, notarized, and sworn before submitting it to:

Montana Secretary of State
P.O. Box 202801
Helena, MT 59620-2801

You can also fill out a Violation of Civil Rights Complaint Form and submit it to the US Department of Justice by one of the following methods:

Online, through the form’s submission process - this is the fastest method.
By fax at (202) 616-9881. You MUST include “ATTN: Civil Rights and Civil Liberties Complaints" at the top of your fax submission for it to be processed correctly.
By mailing your form to:

U.S. Department of Justice
Office of the Inspector General Investigations Division
ATTN: Civil Rights & Civil Liberties Complaints
950 Pennsylvania Ave., NW
Washington, DC 20530

For additional assistance, The National Network of ADA Centers can provide local contact information for other organizations you may wish to contact, including your Regional ADA Center or ADA Knowledge Translation Center, or Federal Agencies and Resources.

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