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Full text of "1958 supplement to Election laws of Montana"

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s 

324.2 
S2E 
1958 
SUPP 



MONTANA STATE nSRKW* 

930 East Lyndale Avenue 
Hotpna Montana 5Q6Q1 



i^TATE DOCUMENTS 




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1958 



SUPPLEMENT TO 



ELECTION LAWS 

OF 
MONTANA 




Compiled by 

Frank Murray 

Secretary of State 

Helena, Montana 

July 1, 1957 

Published by authorit} 



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CONTENTS 



Page 



Cities and Towns, Operation of Alotor Busses or Bus Lines. Chap- 
ter 120, laws of 1957 - 3 

County High Schools, Board of Trustees — 75-4601 2 

Judges of Election, Instruction of — Chapter 210, laws of 1957 6 

Judges: Judicial Districts, number of — 93-302 3 

Supreme Court, Chapter 139, laws of 1957 5 

Notices of Election— 23-^08 (594) 1 

School Bus or Busses — 75-3403 1 



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Montana State Library 




3 0864 1004 2497 



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23-608. (594) Clerks to Mail to Judges Notices of Election 
Form of Notices. The clerks of the several boards of county com- 
missioners must, at least twenty (20) days before any general election, 
make and forward by mail to such judge or judges as are designated by 
the county commissioners, three written notices for each precinct, said 
notices to be substantially as follows: 

"Notice is liereby given that on llie first Tuesday after the first 

Monday of November, 19- , at tlie house , in 

the county of , an election will be held for 

- (naming the offices to be filled, includ- 
ing electors of president and vice-president, a representative in 
congress, state, county and township officers), and for the determi- 
nation of the following questions (naming them), the polls of which 
election will be open at 8:00 A. M. and continuing open until 8:00 P. M. 
of the same day. 

Dated this day of , A.D. 19 

Signed A. B., Clerk of the board of county commissioners." 
As amended by Chapter 14, Laws of 1957. 

75-3403. School Board Alay Operate Busses or Contract for 
Transportation of Pupils — School Board Ala}' Set Up Depreciation Re- 
serve for Purchase of Replacement Busses and Two-Way Radios for 
School Bus or Busses. The board of trustees shall have the power to 
purchase, or rent and provide for tlic upkeep, care, operation, maintenance, 
insurance, for two-way radios and for school busses; or to contract and 
pay for the transporation of eligible pupils, such contracts to run for 
terms not to exceed five (5) years; and provided further, that each 
district owning a school bus or busses maj' levy a sufficient number of 
mills to create a reserve of not to exceed twelve and one-half percent 
(12j/2%) per year of the original cost of the bus or busses for which 
the reserve is created; said fund to be kept separate and apart from all 
other funds, and to be used only for the purchase of the bus or busses 
needed to replace the bus or busses and two-way radios for which said re- 
serve was created, unless authorized by a majority of the votes cast by 
the qualified electors of the district at an election called for that purpose. 
Provided, however, that school district trustees may authorize as standard 
equipment, the installation of two-way radios in a school bus or busses 
operating in school districts where weather and road conditions may con- 
stitute a hazard to the safety of the school pupil passengers. The two- 
way radios may be operated on the same frequency as that used by the 
Montana Highway Patrol and the sheriff of the county, with their permis- 
sion and the permission of the Federal Communications Commission where- 
in said school bus or busses operate, or any frequency assigned for such 
operation by the Comniission. 

As amended by Chapter 202, Laws of 1957. 

75-4601. High School Trustees May Undertake Public Works Pro- 
gram — Additional Trustees — Division of Taxable Valuation — Commence- 
ment of Proceedings. In any county having a high school the board of 
trustees of the county high school, if there lie one, and the boards of 
trustees of any school districts maintaining district high schools, are here- 
by designated as the boards of trustees of the respective high school 
districts established under this act, provided tliat additional members 
may be elected to the board of trustees of districts maintaining district 
high schools in the number and manner as follows: When a majority of 

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the boards of the common school districts in the high school district so 
request. Such requests shall be directed to the count}' superintendent of 
schools, who shall proceed as directed in this act. 

The taxable valuation of the district in which the high school is 
located shall be divided by the number of trustees on the high school 
board. In the case of a first class district this numljer shall l)e seven (7) 
for a second class district five (5), and for a third class district three (3). 
This figure obtained shall then be divided into the remaining valuation of 
the high school district, and the resulting number, to the closest whole 
number, shall be the number of additional board members to be elected; 
provided, that the number of these additional board members shall not 
exceed four (4) in districts of the first and second class or two (2) in 
districts of the third class. 

(a) The additional members elected to the board of trustees of 
districts maintaining high schools shall be elected at a meeting of the 
trustees of all of the boards of trustees of the common school districts 
included within the boundaries of the high school district, which meeting 
shall be held on the fourth Saturday in April beginning with the year 
1951. The members so elected shall hold office for a term of three (3) 
years and such meetings and elections shall be held every third j-ear 
after the first meeting. The state superintendent of public instruction 
shall make all necessary rules and regulations for the conduct of said 
meeting and it shall be the duty of the county superintendent of schools 
to give written notice of the meeting by registered mail to each trustee not 
less than seven (7) days before such meeting. The additional trustees 
elected shall be elected from the trustees of the common school districts 
included within the high school district with the exception of the mem- 
bership of the board of trustees of the school districts maintaining high 
schools. 

(b) The additional members elected to the board of trustees of dis- 
tricts maintaining high schools, shall take office immediately after quali- 
fying and shall participate on an equal basis with other members in all 
business transacted by the board of trustees pertaining to the high school 
maintained by said districts. 

To effectuate the purpose of this act, the board of trustees of any 
high school district, as herein provided for, is hereby authorized to un- 
dertake a program of public works in the construction, improvement or 
repair of buildings, furnishing and equipping the same and purchasing the 
necessary land therefor, for the use of any or all high schools in such 
high school district, and to accept funds from the United States, its 
instrumentalities or any of its agencies in aid of any one or more of such 
purposes. Such proceedings may be commenced by resolution upon the 
part of such board of trustees of such high school district of its own mo- 
tion and without any petition being filed therefor, such proceedings may 
also be commenced on petition of thirty percent (309r) of the qualified 
electors of the high school district. Upon presentation of this petition to 
the high school district board of trustees, the latter shall, within sixty 
(60) days take steps to present the matter asked for in the petition to a 
vote of the people of the high school district. 

As amended by Chapter 67, Laws of 19S7. 



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93-302. (8813 1 Xuniher of Judges. In each judicial district there 
must l)e the foUowin.y numljer of judges of the district court, who must 
he elected hy the quahficd voters of the districts, and whose term of office 
must be four (4) years, to wit: In tlie first, second, fourth, eighth, 
eleventh and sixteenth, two judges each, in the thirteenth, tliree judges, 
and, in all other districts, one judge each. 

.Appointment and election of Judge. That on or before July 1, 1957, 
the governor of this state shall designate and appoint a judge of the said 
eleventh judicial district who shall hold office until the general election 
to be held during the year 1958, and until his successor is elected and 
qualified. The judge elected at the general election during the year 1958 
shall hold office until his successor has been elected and qualified at the 
presidential general election to be held during the year 1960." 

As amended by Chapter 91, Laws of 1957. 



CHAPTER NO. 120 

MONTANA SESSION LAWS 1957 

SENATE BILL NO. 182 

AN ACT TO AMEND CHAPTER 211 OF THE SESSION LAWS 
OF THE THIRTY-FOURTH LEGISLATIVE ASSEMBLY OF 
THE STATE OF MONTANA, 1955, ENABLING INCORPORATED 
CITIES AND TOWNS TO ACQUIRE, OPERATE AND LEASE 
MOTOR BUSES AND BUS LINES FOR THE TRANSPORTA- 
TION OF PASSENGERS; PROVIDING FOR BORROW^ING 
MONEY OR ISSUING BONDS FOR THE PURCHASE OF THE 
SAME AND PROVIDING FOR A VOTE OF TAXPAYERS 
THEREON AND ENABLING CITIES AND TOWNS TO ALSO 
CONTRACT WITH INDEPENDENT CARRIERS FOR SUCH 
TRANSPORTATION SERVICE, AND BY ADDING THERETO 
PROVISIONS ENABLING INCORPORATED CITIES AND 
TOWNS TO ALSO ENTER INTO A LEASE OR A LEASE AND 
OPERATING AGREEMENT WITH INDEPENDENT CARRIERS 
FOR SUCH TRANSPORTATION SERVICE; AND AUTHORIZ- 
ING THE COUNCIL OF SUCH CITIES AND TOWNS TO LEVY 
A TAX ON ALL TAXABLE PROPERTY WITHIN THE LIMITS 
OF SUCH CITY OR TOWN TO DEFRAY THE COST THEREOF 
AND PROVIDING FOR THE SUBMISSION OF THE QUES- 
TION OF SUCH LEVY TO THE LEGAL VOTERS OF SUCH 
CITY OR TOWN WHO ARE TAXPAYING FREEHOLDERS 
THEREIN WHENEVER IT SHALL BE NECESSARY TO RAISE 
MONEY BY TAXATION FOR ANY SUCH PURPOSE IN EX- 
CESS OF THE LEVY NOW ALLOWED BY LAW; PROVIDING 
A SAVING CLAUSE; AND REPEALING ALL ACTS AND PARTS 
OF ACTS IN CONFLICT THEREWITH. 

BE IT ENACTED BY THE LEGISF.ATIVE ASSEMBLY OF THE 
STATE OF MONTANA: 

Section 1. That Chapter 211 of the Session Laws of the Thirty- 
fourth Legislative Assembly of the State of Montana, 1955, be, and the 
same is hereby amended to read as follows: 

"Section 1. Whenever a city or town is not being served by a bus 
company or operator, operating on a regular schedule, and under tlie 
jurisdiction of the Montana Railroad and Pul)lic Service Commissic">n or 
if such service is to be or is likely to be discontinued in the immediate fu- 
ture, the city or town council of any incorporated city or town shall have 
the power to contract an indel'tedness of any such city or town ui)on the 
credit thereof by borrowing money or issuing bonds for the purchase, 
development, operation or leasing of motor buses and bus Hnes for the 
transportation of passengers witliin the corporate limits of such cities 
and towns, and to operate the same to any point or points licyond said 
limits not to exceed eight (8) miU>^, measured along the route of said 

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bus line; provided that the total amount of indebtedness authorized to l)e 
contracted in any form, including tlie then existing indebtedness must 
not at any time exceed five per centum (5%) of the total assessed valua- 
tion of the taxable property of the city or town as ascertained by the last 
assessment for state and county taxes, and provided further, that no 
rnoney must be borrowed or bonds issued for the purposes herein speci- 
fied until the proposition has been submitted to the vote of the taxpayers 
affected thereby of the city or town, and the majority vote cast in favor 
thereof. 

"Section 2. The said city or town council or commission shall have 
authority to provide for the management and operation of said system; 
and to do all the things necessary for the successful operation of said 
transportation system. Such operations shall be subject to all the pro- 
visions of the motor carrier act (Sections 8-101 to 8-129, Revised Codes 
of Montana, 1947) except that such municipality may be issued a certifi- 
cate of public convenience and necessity without proof of the existence 
of public convenenice and necessity, and except that the municipality 
shall be exempt from the payment of fees provided by Sections 8-116 
and 8-127, Revised Codes of Montana, 1947. 

"Section 3. Whenever a city or town is not being served by a bus 
company or operator, operating on a regular schedule, and under the 
jurisdiction of the Montana railroad and public service commission or if 
such service is to be, or is likely to be, discontinued in the immediate 
future, the city or town council of any incorporated city or town shall 
have the power to enter into a contract or contracts, or to enter into 
a lease or a lease and operating agreement, with an independent carrier 
or independent carriers for the transportation of passengers by bus within 
the corporate limits of such city or town and to and from any point or 
points beyond said limits not to exceed eight (8) miles measured along the 
route of said bus line or lines; and for the purpose of raising the nec- 
essary moneys to defray the cost of such transportation service pursuant 
to such contract or contracts, lease or lease and operating agreement, with 
such independent carrier of carriers the city or town council shall have 
power to annually levy a tax on the taxable value of all taxable property 
within the limits of such city or town; provided, however, that whenever 
the council of such city or town shall deem it necessary to raise money by 
taxation for such purpose in excess of the levy now allowed by law the 
council of such city or town shall in the manner prescribed by law, submit 
the question of such additional levy to the legal voters of such city or town 
who are taxpaying freeholders therein, either at the regular annual election 
held in said city or town, or at a special election called for that purpose by 
the council of such city or town; provided, however, that such additional 
levy in excess of the levy now allowed by law shall not exceed one and 
one-half (1%) mills. 

"Section 4. The said city or town council shall have power and 
authority to call for bids from independent carriers for such transporta- 
tion service, and to do all things necessary or proper for establishment 
and maintenance of such transportation service by contract, lease or lease 
and operating agreement." 

Section 2. CONSTITUTIONALITY. If any part or parts of 
this act shall be held unconstitutional, such unconstitutionalitj- shall not 
affect the validity of the remaining parts of this act. The legislature 
hereby declares that it would have passed the remaining parts of this 
act if it had known that such part or parts thereof would be declared un- 
constitutional. 

Section 3. All acts and parts of acts in conflict herewith arc hereby 
repealed. 

Approved : March 5, 1957. 

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CHAPTER 139 

MONTANA SESSION LAWS 1957 

HOUSE BILL 13 

AN ACT PROVIDING THAT ANY JUSTICE OF THE SUPREME 
COURT OF THE STATE OF MONTANA WHO BECOMES A CAN- 
DIDATE FOR ANY ELECTIVE OFFICE EXCEPT AS A BONA 
FIDE CANDIDATE FOR RE-ELECTION TO THE OFFICE THEN 
OCCUPIED BY SUCH JUSTICE SHALL AT OR BEFORE FILING 
FOR SAID ELECTIVE OFFICE AS REQUIRED BY LAW RE- 
SIGN THE OFFICE THEN HELD; PROVIDING THAT THE 
OFFICE OF ANY SAID JUSTICE OF THE SAID SUPREME 
COURT FAILING TO SO RESIGN SHALL BECOME VACANT; 
GIVING DIRECTIONS WITH REFERENCE TO THE FILLING 
OF SUCH VACANCY AND FOR THE REPEAL OF ANY AND 
ALL ACTS, STATUTES OR CODE PROVISIONS IN CONFLICT 
THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF THE 
STATE OF MONTANA: 

Section 1. Whenever any person holding or occupying the office 
of Chief Justice or Associate Justice on the Supreme Court of the State 
of Montana shall become a candidate for election to any elective office 
under the laws of/or in the State of Montana, such person shall forth- 
with, and in any event at or before the time required for such person to 
file as a candidate for such office at any primary or special or general 
election, resign said office of Chief Justice or Associate Justice of said 
Supreme Court except where such person is a bona fide candidate for re- 
election to the identical office then held or occupied by him or for another 
nonpartisan judicial office the term of which shall commence not earlier 
than the end of the term of the office then held or occupied by such 
justice and said resignation shall become effective forthwith on delivery 
of the same to the proper officer or superior, and in the event of failure 
so to resign said office of Chief Justice or Associate Justice of said 
Supreme Court or of District Judge of any of said District Courts the 
same shall, ipso facto, become wholly vacant and unoccupied and the 
said former holder or occupant shall have no further right, power, or 
authority therein for any purpose, and no right to any emoluments there- 
of, notwithstanding the fact that a successor is not appointed or elected; 
and said vacancy shall become operative to deprive any person of the 
emoluments of said office then held in order to carry out the policy of 
this act. 

Section 2. In all cases the proper appointing or other power shall 
promptly fill all vacancies occurring because of the provisions of this act 
by appointment of competent and qualified persons according to law. 

Section 3. All acts and parts of acts, statutes and/or code provi- 
sions inconsistent herewith are, and each thereof is, hereby expressly 
repealed. 

Section 4. This act shall be in full force and effect from and after 
its passage and approval. 

Approved: March 7, 1957. 

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CHAPTER NO. 210 

MONTANA SESSION LAWS 1957 

HOUSE BILL NO. 386 

AN ACT TO PROVIDE FOR INSTRUCTION OF ELECTION 
JUDGES; PROVIDING FOR THE APPOINTMENT BY THE 
BOARD OF COUNTY COMMISSIONERS OF AN INSTRUCTOR; 
PROVIDING FOR COMPENSATION FOR THE ELECTION 
JUDGES BEING INSTRUCTED; PROVIDING FOR CERTIFI- 
CATES OF INSTRUCTION; PROVIDING FOR NOTICE TO THE 
COUNTY CHAIRMAN OF THE TWO MAJOR POLITICAL PAR- 
TIES OF THE COUNTY OF THE PLACE AND TIME OF IN- 
STRUCTION; AND CONTAINING A REPEALING CLAUSE. 
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF THE 
STATE OF MONTANA: 

Section 1. Instructions of Judges of Elections. Before each elec- 
tion, general or primary, all judges appointed to act at said election, who 
do not possess a certificate of instruction as provided for in this act. 
shall be instructed by a person delegated by the board of county com- 
missioners in regard to the powers, duties, and liabilities imposed upon 
election judges by the election laws of the State of Montana. For the 
purpose of giving such instruction, the delegate of the board of county 
commissioners shall call such meeting or meetings of the judges of elec- 
tion as shall be necessary. Each judge of election shall attend such meet- 
ing or meetings and receive at least two (2) hours of instruction and as 
compensation for the time spent in receiving such instruction, each judge 
that shall serve in the election shall receive the sum of one dollar ($1.00) 
per hour of instruction, to be paid to him at the same time and in the 
same manner as compensation is paid to him for his or her services on 
election day. 

Upon the completion of the two (2) hours of instruction, the judge 
shall receive a certificate from the person delegated by the board of 
county commissioners from whom he or she received instruction, that 
the instruction has been completed, provided that no certificate of instruc- 
tion shall be valid for a period of greater than two (2) years. No person 
shall serve as a judge of election unless this certificate has been received, 
provided, however, that this shall not prevent the appointment of a judge 
of election to fill a vacancy in an emergency. Notice of place and time of 
instruction of the political judges must be given by the board of county 
commissioners to the county chairmen of the two major political parties 
in the county. 

Section 2. All acts and parts of acts in conflict herewith are hereby 
repealed. 

Approved: March 9, 1957. 



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