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Full text of "1939 supplement to Election laws of Montana"

STATE DOCUMENTS 



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324.2 
52E 
1939 
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1939 

SUPPLEMENT TO 

ELECTION LAWS 

OF MONTANA 




Compiled by 

SAM W. MITCHELL 

Secretary of State 

Helena, Montana 

July, 1939 



CONTENTS 

Page 
Ballot, concerning form, size, contents of general 4-9 

Bond limit of counties of fifth class County High Schools 13 

Bond elections, county, qualification of voters 13 

City and town bond elections, qualification of voters 15 

City elections, appointment of judges and clerks 14 

Committeemen, relating to County and City Central 3 

County and other officers, election thereof 13 

Junior Colleges, establishment of in County High Schools 15-16 

Legislature, manner of placing on ballots list of candidates for 10 

School Districts, bonds of 11 

School elections, qualifications of electors, challenges, 

and oath of voters 10-12 

Schools, County High, bond limit of counties 13 



"Section 662. COUNTY AND CITY CENTRAL COMMITTEEMEN, 
HOW ELECTED. There shall be elected by each political party, sub- 
ject to the provisions of this law, at said primary nominating election, 
two committeemen, one ol which shall be a man and one of which 
shall be a woman, for each election precinct, who shall be residents 
of such precincts. Any elector inay be placed in nomination for com- 
mitteeman of any precinct by a writing so stating, signed by such 
elector, and filed in the office of the coimty clerk within the time 
required in this act for the filing of petitions naming individuals as 
candidates for nomination at the regular biennial primary election. The 
names of the various candidates for precinct committeemen of each 
political party shall be printed on the ticket of the same in the same 
manner as other candidates and the voter shall express his choice 
among them in like manner as for such other candidates. The com- 
mitteemen thus elected shall be the representatives of their political 
party in and for such precinct in all Ward or subdivision committees 
that may be formed. The committeemen elected in each precinct in 
each county shall constitute the County Central Committee of each 
of said respective political parties. Those committeemen who reside 
within the limits of any incorporated city or town shall constitute 
ex-officio the City Central Committee of each of said respective 
political parties and shall have the same power and jurisdiction as 
to the business of their several parties in such city matters that the 
county committees have in county matters, save only the power to 
fill vacancies in said committee, which power is vested in the County 
Central Committee. Each committeeman shall hold such position for 
the term of two years from the date of the first meeting of said com- 
mittee immediately following their election. In case of a vacancy 
happening, on account of death, resignation, removal from the pre- 
cinct, or otherwise, the remaining members of said county committee 
may select a committeeman to fill the vacancy and he shall be a 
resident of the precinct in which the vacancy occurred. Said County 
and City Central Committees shall have the power to make rules and 
regulations for the government of their respective political parties 
in each county and city, not inconsistent with any of the provisions 
of this law, and to elect two county members of the State Central 
Conimittee, one of which shall be a man and one of which shall be 
a woman, and the members of the Congressional Committee, and said 
committee shall have the same power to fill all vacancies and make 
rules in their jurisdiction that the county committees have to fill 
county vacancies and to make rules. Said County and City Central 
Committee shall have the power to make nomination to fill vacancies 
occurring among the candidates of their respective parties nominated 
for city or county offices by the primary nominating election where 
such vacancy is caused by death, resignation or removal from the 
electoral district, but not otherwise. Said committees shall meet and 
organize by electing a chairman and secretary within thirty days after 
the candidates of their respective political parties shall have been 
nominated. They may select managing or executive committees and 
authorize such sub-committees to exercise any and all powers conferred 
upon the County, City, State and Congressional Central Committees 
respectively by this law. The chairman of the County Central Com- 
mittee shall call said central committee meeting and not less than 
fifteen days before the date of said central committee meeting shall 
publish said call in a newspaper published at the county seat and shall 
mail a copy of the call, enclosing a blank proxy, to each precinct 
committeeman. No proxy shall be recognized unless held by an 
elector of the precinct of the committeeman executing the same." . . . 



as amended by Chapter 84, Laws of 1939. 

—3— 



CHAPTER 81 

LAWS OF 1939 

"Section 678. Except as in this chapter otherwise provided, it 
shall be the duty of the county clerk of each county to provide printed 
ballots for every election for public officers in which electors or any 
of the electors within the county participate, and to cause to be 
printed on the ballot the names of all candidates, including candidates 
for Chief Justice and Associate Justices of the Supreme Court and 
judges of the district courts, whose names have been certified to, 
or filed with the county clerk, in the manner provided in this chapter. 
Ballots other than those printed by the respective county clerks, ac- 
cording to the provisions of this chapter, must not be cast or counted 
in any election. Any elector may write or paste on his ballot the name 
of any person for whom he desires to vote for any office, but must 
mark the same as provided in Section 696, and when a ballot is so 
marked it must be counted the same as though the name is printed 
upon the ballot and marked by the voter. Any voter may take with 
him into the polling place any printed or written memorandum or 
paper to assist him in marking or preparing his ballot except as 
otherwise provided in the chapter." 

"Section 681. Ballots for all general elections prepared under the 
provisions of this chapter must be white in color and of a good 
quality of paper and the names must be printed thereon in black ink. 
The ballots used in any one county must be uniform in size and 
every ballot must contain the name of every candidate whose nomi- 
nation for any special office specified in the ballot has been certi- 
fied or filed according to the provisions of law and no other names, 
except that the names of candidates for President and Vice-President 
of the United States shall appear on the ballot as provided for by 
Section 813 of the Revised Codes of Montana, 1935." 

(A) The name of each candidate nominated shall be printed 
upon the ballot in but one place and there shall be added after and 
directly opposite to the name of each candidate nominated, the party 
or political designation contained in the certificate or nomination of 
such candidate in not more than three (3) words, except that the 
political designation of electors for President and Vice-President of 
the United States shall be opposite the whole list thereof, and the 
names of candidates for Chief Justice, Associate Justices, and Dis- 
trict Court Judges shall each be followed by the following woi'ds 
directly underneath the name of the candidate: "Nominated without 
party designation". It is provided, however, that whenever any person 
is nominated for the same office by more than one party the desig- 
nation of the party which first nominated him shall be placed opposite 
his name unless he declines in writing, one or more of such nomina- 
tion, or by written election indicates the party designation which he 
desires printed opposite his name; or if he is nominated by more than 
one party at the same time he shall within the time fixed by law for 
filing certificates of nomination, file with the officer with whom his 
certificate of nomination is required to be filed, a written election 
indicating the party designation which he desires printed opposite his 
name, and it shall be so printed. If he shall fail or neglect to file 
such an election no party designation shall be placed opposite his name. 

(B) The names of all candidates shall be arranged alphabetically 
according to surnames under the appropriate title of the respective 
offices. It is provided, however, that, while all of the candidates 
for the particular office shall remain together in the same box, yet 
the candidates of the two major parties shall appear on the ballot 
before and above the candidates of the minor parties and independent 

~4— 



candidates. For the purpose of designating the candidates of the two 
major parties, they shall be those candidates of the two parties whose 
candidates for governor, excluding independent candidates, have been 
either first or second, (by receiving the highest or next highest num- 
ber of votes cast for the office of governor at the particular election) 
the greatest number of times at the next preceding four (4) general 
elections. In case of a tie in the number of first or second places, 
the determination shall be made by going back enough preceding 
elections to break the tie and no farther. All other candidates shall 
be designated as either independent candidates or as belonging to 
minor parties. When two or more persons are candidates for election 
or the same office, including presidential and vice-presidential candi- 
dates, it shall be the duty of the county clerk in each of the counties 
of the state to divide the ballot forms provided by the law for the 
county, into sets so as to provide a substantial rotation of the names 
of the respective candidates as follows: 

He shall divide the whole number of ballot forms for the county 
into sets equal in number to the greatest number of candidates for 
any office, and he shall so arrange said sets that the names of the 
candidates shall, beginning with a form arranged in alphabetical 
order, (for the purposes of rotation of presidential and vice-presi- 
dential candidates, the office of president and vice-president, together 
with presidential electors shall be considered as a group and alpha- 
betized under the name of the candidate for president), be rotated 
by removing one name from the top of the list for each office and 
placing said name or number at the bottom of that list for each 
successive set of ballot forms; provided, however, that no more than 
one of said sets shall be used in printing the ballot for use in any 
one precinct, and that all ballots furnished for use in any precinct 
shall be of one form and identical in every respect. It is further 
provided that candidates of the two major parties as hereinabove 
defined shall be rotated as one group and the candidates of the 
minor parties and independent candidates shall be rotated as another 
group so that the candidates of the two major parties for a particular 
office shall appear on the ballot before and above any candidates of 
the minor parties or independent candidates. 

(C) Each ballot shall contain at the top the stub as pro- 
vided by Section 684 of the Revised Codes and directly underneath 
the perforated line shall be the following words in bold face type, 
"VOTE IN ALL COLUMNS". Each ballot shall contain two (2), and 
not more than two (2) columns for the election of state, national, 
county and township officers. The first two columns and no others 
shall be used for the election of officers. Provided, however, that a 
third column and as many additional columns as may be necessary 
shall be used for constitutional amendments, and initiative and refer- 
endum measures. In the first column and the left, which shall be 
designated at the head with the words, "state and national", in large 
bold face type, shall be listed all candidates for state and national 
offices, including Supreme Court justices, and district court judges, 
and in the second column, which shall be designated at the head with 
the words, "county and township", in large bold face type, shall be 
listed all candidates for the legislative assembly, county and township 
offices. The third column and any additional column shall be desig- 
nated at the head with the words, "initiatives, referendums, and con- 
stitutional amendments", in large bold face type, and listed thereunder 
shall be all proposed constitutional amendments and measures to be 
voted on by the people at such election. In case there are no such 
measures, this column shall be eliminated. The columns shall be 
separated by two straight lines at least one-half an inch apart. 

—5— 



(D) At the bottom of the first column, or the column to the 
left, there shall be placed the following words, "vote for county and 
township offices in the next column". At the bottom of the second 
column, if there be any initiatives, referendums or constitutional 
amendments, and every column except the last column, there shall 
be the following words, "vote on initiatives, referendums and consti- 
tutional amendments in the next column". 

(E) The order of the placement of the offices on the ballot in 
the first column, or to the left, designated "state and national", shall 
be as follows: "president and vice-president, together with the presi- 
dential electors; United States senator; United States representative 
in Congress; governor; lieutenant governor; secretary of state; attor- 
ney general; state treasurer; state auditor; railroad and public service 
commissioners; state superintendent of public instruction; clerk of the 
supreme court; chief justice of the supreme court; associate justice or 
justices of the supreme court; district court judges"; provided, how- 
ever, that in the years in which any of such offices are not to be 
elected, such offices shall not be designated, but the order of those 
offices to be filled shall maintain their relative positions as herein 
provided. 

In the second column, designated, "county and township", the fol- 
lowing order of placement shall be obseived: "state senator; member 
or members of the house of representatives; clerk of district court; 
county commissioner; county clerk and recorder; sheriff; county at- 
torney; county auditor". Such other offices to be elected shall be 
placed following the foregoing in the order deemed most appropriate 
by the county clerk. In the third column constitutional amendments 
shall come first with referendum and initiative measures following. 

(F) In case of a short term and a long term election for the 
same office, the long term office shall precede the short term. The 
ballots shall be so printed as to give each voter a clear opportunity 
to designate his choice of candidates by a cross mark, (X) in a square 
at the left of the name of each candidate. Above each group of candi- 
dates for each office shall be printed the words designating the par- 
ticular office in bold face capital letters and directly underneath 
the words, "vote for" followed by the number to be elected to such 
office. As nearly as possible the ballot shall be in the following 

form: (Stub hereinafter provided for by Section 684.) 

as amended by Chapter 81, Laws of 1939. 



—6— 





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1:3 



CHAPTER 170 

LAWS OF 1939 

Section 1. At any state or county election in which a member 
of the state senate or house of representatives is to be elected or 
nominated, and subject to the provisions of sections 651 and 681 of 
the Revised Codes of Montana, 1935, the list of candidates for such 
offices shall be arranged on the ballot immediately following the other 
state offices and shall precede any county office on such ballot. 

"Section 1002. QUALIFICATIONS OF ELECTORS: Every citizen 
of the United States, twenty-one years old, who has resided in the 
State of Montana for one year, and thirty days in the school district 
next preceding the election, and whose name appears on the tax 
rolls of the county of which that school district is situate, or whose 
wife or husband's name appears on the tax rolls of that county, or 
who is a parent, guardian or person having custody and control of 
any child then attending school in such district, or who will be 
eligible to attend such school during the term that the school officers 
then to be elected shall hold office, may vote thereat". 

"Section 1003. CHALLENGES AND OATH OF VOTERS. Any 
person offering to vote may be challenged by any elector of the dis- 
trict, and the judges must thereupon administer to the person chal- 
lenged an oath and affirmation in substance as follows: 'You do 
solemnly swear, (or affirm) that you are a citizen of the United 
States; that you are twenty-one years of age; that you have resided 
in the state for one year, and in this school district thirty days next 
preceding this election, that your name or your wife or husband's 
name, appears upon the tax rolls of this county for the current year, 
or that you are the parent, guardian, or person having custody 
and control of a child now attending this school, or who will be 
eligible to attend this school during the term that the school officers 
then to be elected shall hold office, that you have not voted this 
day, SO HELP YOU, GOD.' 

If he takes this oath or affirmation, his vote must be received, 
otherwise rejected. Any person who shall swear falsely before any 
judge of election shall be guilty of perjury, and • punished accord- 
ingly as amended by Chapter 83, Laws of 1939. 



"Section 1224.10. MEETING OF BOARD OF TRUSTEES TO 
CONSIDER PETITION AND CALLING OF ELECTION— NOTICE 
OF ELECTION— FORM. Upon such petition being received by the 
clerk of the school district, a meeting of the board of trustees shall 
be called to consider the same. The board of trustees shall be the 
judges of the sufficiency of the petition and the findings of such 
board shall be conclusive against the school district in favor of the 
innocent holder of bonds issued pursuant to the election called and 
held by reason of the presentation of such petition. If it is found 
that the petition is in proper form and bears the requisite number 
of signatures, the board shall pass and adopt a resolution which shall 
recite the essential facts in regard to the petition and its presenta- 
tion, fix the exact amount of bonds proposed to be issued, which may 
be more or less than the amount estimated in the petition, determine 
the number of years through which the bonds are to be paid, fix 
the date of election, which shall not be less than twenty (20) days, 
nor more than thirty (30) days after the date of the passage and 
adoption of such resolution, appoint three electors of the district who 
are qualified to vote at such election to act as judges of election, 
at each voting place and direct the clerk to give notice of such 

—10— 



election. The notice of election shall designate one or more school 
houses in said school district a« voting places and be in substantially 
the following form: 

'NOTICE OF SCHOOL DISTRICT BOND ELECTION. 

'Notice is hereby given by the undersigned Clerk of School Dis- 
trict No of County, State of Montana, 

that pursuant to a certain resolution duly adopted at a meeting of 

the Board of Trustees of said School District held on the day 

of A. D., 19 , an election of the registered quali- 
fied electors of School District No of County, 

State of Montana, who are taxpayers therein and whose names appear 
on the last completed assessment roll for state, county and school 
district taxes prior to the holding of such election, will be held on 

the day of , A. D., 19 , at 

for the purpose of voting upon the question of whether or not the 
Board of School Trustees shall be authorized to issue and sell bonds 

of said School District in the amount of 

dollars, ($ ), bearing interest at a rate not exceeding six 

per centum (69c) per annum, payable semi-annually, for the purpose 

of (hei'e state purpose) 

The bonds to be issued will be either amortization or serial bonds, 
and amortization bonds will be the first choice of the Board of 
Trustees. The bond to be issued, whether amortization or serial 

bonds, will be payable in installments over a period of 

(state number) years. 

The polls will be open from o'clock ....m. and until 

o'clock ....m. of the said day. 

Dated and posted this day of A. D., 19 



Clerk of School District No 

of County, State of Montana.' 



If the bonds proposed to be issued are for more than one pur- 
pose, then each purpose shall be separately stated in the notice 
together with the proposed amount of bonds therefor. 

The school district clerk shall, not less than fifteen (15) days 
before the day specified for such election, post notice of such election 
in not less than three (3) public places within the district, and in 
incorporated cities and towns at least one (1) notice must be posted 
at each voting place designated for such election. 

In school districts of the first class the board of trustees must 
also cause the notice to be published once a week for two (2) suc- 
cessive weeks in some newspaper of general circulation in the district, 
if one be published therein, in addition to such posting." 

"Section 1224.11. PREPARATION OF BALLOTS— FORM. The 
school district clerk shall cause ballots to be prepared for all such 
bond elections, and whenever bonds for more than one purpose are 
to be voted upon at the same election, separate ballots shall be 
prepared for each purpose. All such ballots shall be substantially 
in the following form: 

OFFICIAL BALLOT 

SCHOOL DISTRICT BOND ELECTION 

INSTRUCTIONS TO VOTERS: Make an X or similar mark in 
the vacant square before the words "BONDS — YES" if you wish to 
vote for the bond issue; if you are opposed to the bond issue make 
an X or similar mark in the square before the words "BONDS — NO". 

—11— 



Shall the Board of Trustees be authorized to issue and sell 

bonds of this School District in the amount of dollars 

($ ) bearing interest at a rate not exceeding six per centum 

(6%) per annum, payable, semi-annually, during a period not exceed- 
ing years, for the purpose of (here state 

the purpose the same way as in the notice of election). 

[j BONDS— YES 

□ BONDS— NO." 

Section 1224.16. FORM OF NOTICE OF SALE OF BONDS. 
The notice of sale shall state the purpose or purposes for which the 
bonds are to be issued and the amount proposed to be issued for 
each purpose, and shall be substantially in the following form: 

'NOTICE OF SALE OF SCHOOL DISTRICT BONDS. 

Notice is hereby given by the Board of Trustees of School Dis- 
trict No of County, State of Montana, 

that the said Board of Trustees will on the day of 

19 , at the hour of o'clock . ...m. at , 

in the said School District, sell to the highest and best bidder for 
cash, either amortization or serial bonds of the said School District 

in the total amount of dollars, ($ ), for 

the purpose of ' 

Amortization bonds will be the first choice and serial bonds 
will be the second choice of the said school board. 

If amortization bonds are sold and issued, the entire issue may 
be put into one single bond or divided into several bonds, as the 
said board of trustees may determine upon at the time of sale, both 
principal and interest to be payable in semi-annual installments dur- 
ing a period of years from the date of issue. 

If serial bonds are issued and sold they will be in the amount 

of dollars, ($ ) each, except the first 

bond which will be in the amount of dollars, 

($ ) the sum of dollars ($ ) 

of the said serial bonds will become payable on the day of 

, 19 , and the sum of dollars, 

($ ) will become payable on the same day each year there- 
after until all of such bonds are paid. 

The said bonds, whether amortization or serial bonds, will bear 

date of , 19 , and will bear interest at a 

rate not exceeding six per centum (6%) per annum, payable semi- 
annually, on the day of (month) 

and (month) in each year, 

and will be redeemable in full. (Here insert optional provisions, if 
any, to be recited on the bonds). 

The said bonds will be sold for not less than their par value 
with accrued interest, and all bidders must state the lowest rate 
of interest at which they will purchase the bonds at par. The board 
of trustees reserves the right to reject any and all bids and to sell 
the said bonds at private sale. 

All bids other than by or on behalf of the State Board of Land 
Commissioners must be accompanied by a certified check in the 

sum of dollars, ($ ) payable to the 

order of the clerk, which will be forfeited by the successful bidder 
in the event that he shall refuse to purchase the said bonds. 

—12— 



All bids should be addressed to the undersigned clerk. 



Chairman, School District No 

of County. 

Address 



ATTEST: 



Clerk, School District No 

of County. 

Address " 



as amended by Chapter 178, Laws of 1939. 



"Section 1262.14. BOND LIMIT- -TERM— RATE OF INTEREST 
— FORM. In any county of the first, second, third, fourth or fifth 
class the amount of all bonds requested or authorized under the pro- 
visions of this chapter shall not exceed, in any one county, in the 
aggregate as outstanding obligations of the county the sum of four 
hundred thousand dollars ($400,000.00), and in all other counties, in 
any one county, the sum of three hundred thousand dollars ($300,- 
000.00). Such bonds shall mature in twenty (20) years, or less, 
and shall bear interest and the general form of the bonds shall be 

fixed by the board of county commissioners." 

as amended by Chapter 75, Laws of 1939. 

"4630.12. WHO ARE ENTITLED TO VOTE. In all county bond 
elections hereafter held only qualified registered electors residing 
within the county, who are taxpayers upon property therein and whose 
names appear upon the last completed assessment roll for state, county 
and school district taxes, shall have the right to vote. Upon the 
adoption of the resolution calling for the election, the county clerk 
must cause to be published in the official newspaper of the county a 
notice, signed by him, stating that registration for such bond election 
will close at noon on the fifteenth day prior to the date for holding 
such election and at that time the registration books shall be closed 
for such election. Such notice must be published at least ten (10) 
days prior to the day when such registration books will be closed. 

After the closing of the registration books for such election the 
county clerk shall promptly prepare lists of the registered electors 
of such voting precinct, who are taxpayers upon property within 
the county and whose names appear on the last completed assessment 
roll for state, county and school district taxes, and who are entitled 
to vote at such election, and shall prepare poll books for such 
election, as provided in Section 568 of the Revised Codes of Montana 
for 1935, and deliver the same to the judges of election prior to 
the opening of the polls. It shall not be necessary to publish or 

post such list of qualified electors." as amended by Chapter 

138, Laws of 1939. 

"Section 4728. COUNTY AND OTHER OFFICERS, WHEN 
ELECTED AND TERM OF OFFICE. There shall be elected in each 
county the following county officers who shall possess the qualifi- 
cations for suffrage prescribed by the constitution of the State of 
Montana, and such other qualifications as may be prescribed by law: 

One county clerk who shall be clerk of the board of county 
commissioners and ex-officio recorder; one sheriff; one treasurer, who 
shall be collector of the taxes; provided, that the county treasurer, 
shall not be eligible to his office for the succeeding term; one county 
superintendent of schools; one county surveyor; one assessor; one 
coroner; one public administrator. Persons elected to the different 

—13— 



offices named in this section shall hold their respective offices for 
the term of four ( 4 ) years, and until their successors are elected 
and qualified. 

The county attorneys, county auditors, and all elective township 
officers, must be elected at each general election as now provided by 
law. The officers mentioned in this act must take office on the 
first Monday of January next succeeding their election, except the 
county treasurer, whose term begins on the first Monday of March 
next succeeding his election. 

Vacancies in all county, township and precinct offices, except 
that of county commissioners, shall be filled by appointment by the 
board of county commissioners, and the appointee shall hold his office 
until the next general election; provided, however, that the board of 
county commissioners of any county, may, in its discretion, consoli- 
date any two or more of the within named offices and combine the 
powers and the duties of the said offices consolidated; however, the 
provisions hereof shall not be construed as allowing one ( 1 ) office 
incumbent to be entitled to the salaries and emoluments of two 
(2) or more offices; provided, further, that in consolidating county 
offices, the board of county commissioners shall, six (6) months 
prior to the general election held for the purpose of electing the 
aforesaid officers, make and enter an order, combining any two (2) 
or more of the within named offices, and shall cause the said order 
to be published in a newspaper, published and circulated generally 
in said county, for a period of six (6) weeks next following the 

date of entry of said order." as amended by Chapter 134, 

Laws of 1939. 

"Section 5011. THE COUNCIL OR OTHER GOVERNING BODY 
MUST APPOINT JUDGES AND CLERKS OF ELECTION, AND 
PLACES OF VOTING. Where the city or town is divided into 
wards there must be at least one voting place in each ward 
and there may be as many more as the council or other gov- 
erning body shall fix, and the elector must vote in the ward 
in which he resides. In cities and towns divided into wards the 
election precincts must correspond with the wards, but a ward may 
be subdivided into several voting precincts, and when so divided the 
elector shall vote in the precinct in which he resides. In cities and 
towns operating under the commission, or the commission-manager 
plan of municipal government, where there are no wards for election 
purposes and the officers of the city or town are elected at large, 
the election precincts shall correspond with the election precincts in 
such city or town as fixed by the board of county commissioners for 
state and county elections, but such precincts may be by the city 
commission divided into as many voting precincts, to facilitate the 
voting and counting of the vote, as the city commission shall by 
ordinance provide, and the elector shall vote in the voting precinct 
so designated, in which he resides. For all municipal elections the 
city council or other governing body may appoint a second or addi- 
tional board of election judges for any voting precinct in which 
there were cast three hundred and fifty or more votes in the last 
general city election or in which council or other governing body 
believes as many as three hundred and fifty ballots will be cast in 
the next general city election, and such additional board of election 
judges shall have the same powers and duties, and under the same 
conditions, as the second or additional board of election judges for 
general elections appointed by boards of county commissioners under 
the provisions of Section 587 of the Revised Codes of Montana of 
1935, as amended by Chapter 61 of the laws of the twenty-fifth legis- 
lative assembly of the State of Montana. In all cities and towns 

—14— 



where voting machines are used, the city council or other governing 
body must arrange the precincts so that there will be no more than 
six hundred votes in any voting precinct. All municipal elections 
must be conducted in accordance with the general laws of the State 

of Montana relating to such election." as amended by 

Chapter 19, Laws of 1939. 

"Section 5278.10. WHO ARE ENTITLED TO VOTE— REGISTRA- 
TION OF ELECTORS. Only such registered electors of the city or 
town whose names appear upon the last preceding assessment roll 
for state and county taxes, as taxpayers upon property within the 
city or town, shall be entitled to vote upon any proposition of issu- 
ing bonds by the city or town. Upon the adoption of the resolution 
calling for the election the city or town clerk shall notify the county 
clerk of the date on which the election is to be held and the county 
clerk must cause to be published in the official newspaper of the 
city or town, if there be one, and if not in a newspaper circulated 
generally in the said city or town and published in the county 
where the said city or town is located, a notice signed by the county 
clerk stating that registration for such bond election will close at 
noon on the fifteenth (15th) day prior to the date for holding such 
election and at that time the registration books shall be closed 
for such election. Such notice must be published at least five (5) 
days prior to the date when such election books shall be closed. 

After the closing of the registration books for such election the 
county clerk shall promptly prepare lists of the qualified electors 
of such city or town who are taxpayers upon property therein and 
whose names appear on the last completed assessment roll for state, 
county and school district taxes and who are entitled to vote at such 
election and shall prepare poll books for such election as provided in 
Section 568 of the Revised Codes of Montana of 1935, and deliver 
the same to the city or town clerk who shall deliver the same to 
the judges of election prior to the opening of the polls. It shall not 
be necessary to publish or post such lists of qualified electors." .... 
as amended by Chapter 182, Laws of 1939. 



CHAPTER 158 

LAWS OF 1939 
Section 1. DEFINITION OF TERMS. The word "superintendent" 
as used in this act shall mean the superintendent of a district high 
school and the word "principal" as used in this act, means the 
principal of a county high school organized under the laws of the 
State of Montana. A "junior college" is hereby defined to be a 
public school established as provided in this act, in connection with 
accredited high schools for the purpose of providing one or more 
two year courses beyond those of the four year high school. 

Section 2. METHOD OF ESTABLISHMENT. County high school 
boards or district high school boards operating accredited schools 
shall have authority to establish and maintain in such schools in 
the manner provided in this act, a department of junior college work, 
to consist of not more than two years work beyond the four year 
high school course. Whenever a county high school board or a dis- 
trict high school board operating an accredited high school shall 
receive a petition in writing signed by not less than twenty-five per 
cent of the registered voters of the county, in case the petition be 
filed with the county high school board, or by not less than twenty- 
five per cent of the registered voters of the school district in case 
such petition is filed with a district school board, requesting the 

—15— 



establishment in such school of a department of junior college work, 
the board shall spread said petition upon its minutes. If said petition 
is found by the board to be signed by the requisite number of 
qualified voters, as disclosed by the registration lists for the last 
preceding election, the board shall not later than its next regular 
meeting, communicate to the State Superintendent of Public Instruc- 
tion the fact of the filing of such petition together with such perti- 
nent facts and information as the board may have regarding the 
desirability of establishing such junior college department, together 
with the recommendations of the board relative to said matter. The 
board may also on its own initiative, and without the filing of any 
petition, adopt and spread upon its minutes a resolution requesting 
the establishment of such junior college and shall submit the same 
to the State Superintendent of Public Instruction for his approval. 

Section 3. APPROVAL OF SUPERINTENDENT OF PUBLIC 
INSTRUCTION. The State Superintendent of Public Instruction shall 
consider all such petitions submitted by covmty or district high school 
boards and may, if he deem it advisable, conduct an independent 
investigation with a view to determining the desirability of grant- 
ing such petition. If the Superintendent of Public Instruction shall 
approve of the granting of such petition, he shall notify the county 
or district high school boards of his approval of the petition. The 
county or district high school board shall thereupon submit to the 
registered voters of the county or district the question whether or 
not a junior college shall be established in their said county or 
district high school. 

Section 4. ELECTION. In any election held under the terms of 
this act, all qualified voters of the county or district shall be entitled 
to vote. All such elections shall be called, noticed, held, canvassed 
and returned in the manner provided by law for the submission in 
such county or school district of the question of a bond issue for 
the purpose of building, enlarging, altering or acquiring by purchase 
a school house and the purchase of necessary lands therefor. 

Section 5. ESTABLISHMENT OF JUNIOR COLLEGE UPON 
APPROVAL OF ELECTORS. If a majority of the votes cast at 
any election provided for in this act be in favor of the establishment 
of a junior college, the county or district high school board shall 
proceed to establish such junior college in the following manner. Not 
later than September first of the first year in which such junior 
college is proposed to be established, the county or district high 
school board shall apply to the Superintendent of Public Instruction 
for permission to open such junior college, and shall accompany such 
application with a full statement of the curricula to be maintained 
and an application on behalf of the high school to be classified as 
a junior college. If the State Superintendent of Public Instruction 
approves the application, he shall so notify the State Board of Edu- 
cation, which shall finally approve or disapprove of the establish- 
ment of such proposed junior college, and shall promptly notify the 
county or district high school board of its action. Upon receiving 
the final approval of the State Board of Education, the county or 
district high school boards shall have authority to proceed with the 
establishment and operation of such junior college." 



NAEGELE PRINTING CO.. HELENA, MONT. 



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