BEFORE THE SECRETARY OF STATE

OF THE STATE OF MONTANA

 

In the matter of the adoption of New Rules I, II, and III pertaining to postelection audits

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CORRECTED NOTICE OF ADOPTION

 

TO:  All Concerned Persons

 

1.  On February 25, 2010, the Secretary of State published MAR Notice No. 44-2-156 pertaining to the public hearing on the proposed adoption of the above-stated rules at page 516 of the 2010 Montana Administrative Register, Issue Number 4.

 

2.  On April 15, 2010, the Secretary of State published a Notice of Adoption for MAR Notice No. 44-2-156 at page 918 of the 2010 Montana Administrative Register, Issue No. 7.

 

3.  The Secretary of State is filing a corrected notice of adoption because two MCA citations referenced in NEW RULE II (ARM 44.3.1719) were incorrect.  The rule, as adopted in corrected form, reads as follows, deleted matter interlined, new matter underlined:

 

NEW RULE II (44.3.1719)  SELECTION PROCESS FOR RANDOM-SAMPLE AUDIT  (1) and (2) remain as adopted.

(3)  Pursuant to 153-17-503, MCA, at least 5% of the precincts in each county, or a minimum of one precinct in a county, shall be audited, whichever is greater.  The board shall utilize current official precinct information provided by the counties to the Secretary of State to determine the number of precincts to be audited per county.  Three additional precincts in each county will be selected pursuant to 153-17-505, MCA, in case a discrepancy in vote tallies occurs that necessitates further auditing.

            (4) through (7) remain as adopted.

 

AUTH:  13-17-503, MCA

IMP:  13-17-503, 13-17-504, 13-17-505, 13-17-506, 13-17-507, MCA

 

           

/s/  Jorge Quintana                                        /s/  Linda McCulloch            

JORGE QUINTANA                                      LINDA MCCULLOCH

Rule Reviewer                                               Secretary of State

           

Dated this 14th day of June, 2010.