What Happens to Absentee Ballots from Deceased Voters in Montana?

If a Montana voter submits an absentee ballot but dies before Election Day, many wonder whether their vote still counts. Understanding how Montana handles these situations is important for ensuring the integrity of elections and the accurate counting of votes.

Montana Law on Absentee Ballots and Deceased Voters

Montana law recognizes absentee ballots as valid if they were cast before a voter’s death. This means if a voter fills out and submits their absentee ballot and then passes away prior to Election Day, the ballot is generally counted. The law aims to respect the voter’s intent as expressed before their death.

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What If the Voter Dies Before Casting a Ballot?

If a voter dies before submitting their absentee ballot, Montana election officials do not count any ballot that arrives afterward in their name. Election offices regularly update voter rolls using death records from the Department of Public Health and Human Services and other sources to ensure ballots are not mailed to deceased individuals.

Candidate Deaths and Replacement Ballots

In cases where a candidate dies after absentee ballots have been printed but before Election Day, Montana law provides procedures for issuing replacement ballots. This allows voters to cast ballots for candidates still in the race and ensures elections reflect current candidate options.

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For official details, visit the Montana Secretary of State’s absentee voting page or review Montana Code Annotated § 13-13-204.