This is a question most people never think to ask until it happens to someone they know: what happens to an absentee ballot if the voter who filled it out dies before Election Day arrives? Montana actually has a clear answer, and it's worth knowing since the rule here isn't the same in every state.
Does Montana Law Count Absentee Ballots If a Deceased Voter Cast It Early?
Montana is one of a handful of states with a statute that directly addresses this situation. Under Montana Code Annotated § 13-13-204, if a registered voter fills out and returns an absentee ballot and then dies before Election Day, that ballot is still counted.
According to the National Conference of State Legislatures, Montana is grouped with Arkansas, Florida, Hawaii, Louisiana, Maryland, Massachusetts, North Dakota, Tennessee, and Virginia as states with laws that explicitly permit counting absentee ballots from voters who died before the election. The reasoning behind the law is straightforward: the vote reflects the voter's wishes at the time they cast it, and Montana treats that intent as final once the ballot has been submitted.
The Legal Requirement: Ballots Must Be Submitted Prior to a Voter's Death
If a voter dies before submitting an absentee ballot, no ballot in that person's name gets counted, even if one arrives at the election office afterward. Montana election officials regularly cross-check voter rolls against death records from the Department of Public Health and Human Services and other sources to help prevent ballots from being sent to or counted for someone who has already died.
What Happens in Montana If a Candidate Dies After Ballots Are Printed?
Montana law also addresses a related but separate scenario: what happens if a candidate dies after absentee ballots have already been printed? In that case, state law provides a process for issuing replacement ballots so that voters can still cast ballots for candidates who remain in the race.
How to Contact the Montana Secretary of State for Official Voter Information
Montana voters who want to confirm these rules directly or have questions about their own absentee ballot can check Montana Code Annotated § 13-13-204 or contact the Montana Secretary of State's Elections Division at 1-888-884-VOTE.
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Gallery Credit: Kadie Daye