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Full text of "1963 supplement to the 1962 edition of election laws of Montana"



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DISCARDED 

MAY 1 6 1969 



I963 

LIBRARY 

SUPPLEMENT TO''" 



1962 EDITION OF 



ELECTION LAWS 

OF 
MONTANA 




Compiled by 

Frank Murray 

Secretary of State 

Helena, Montana 

July, 1963 

Published by Authority 



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TABLE OF CONTENTS 



Page 

CONSTITUTION 1 

TITLE 11. CITIES AND TOWNS 1 

TITLE 16. COUNTIES 8 

TITLE 23. ELECTIONS 11 

TITLE 37. INITIATIVE AND REFERENDUM 19 

TITLE 44. LIBRARIES 19 

TITLE 75. SCHOOLS 20 

TITLE 93. CIVIL PROCEDURE 29 



Note: This supplement includes amendments to the election laws of Mon- 
tana made by the Thirty-eighth Legislative Assembly and the 
amendment to the Constitution of Montana approved by the peo- 
ple at the November 6, 1962 General Election, and brings the 1962 
edition of ELECTION LAWS OF THE STATE OF MON- 
TANA up to date. 



CONSTITUTION 
Article VIM 

Section 19. There shall be elected at the general election in each 
county of the state one county attorney, whose qualifications shall be 
the same as are required for a judge of the district court, except that he 
must be over twenty-one years of age, but need not be twenty-five years 
of age, and whose term of office shall be four years, and until their suc- 
cessors are elected and qualified. He shall have a salary to be fixed by 
law, one-half of which shall be paid by the state, and the other half by 
the county for which he is elected, and lie shall perform such duties as may 
be required by law. 

As amended by Chapter 164, Laws of 1961; approved at the election 
held November 6, 1962; proclamation of the Governor dated December 
17, 1962. 

Revised Codes of Montana, 1947 

11-966. Purposes for which indebtedness may be incurred — limitation 
— additional indebtedness for sewer or water system — procuring water 
supply and system — jurisdiction of public works appurtenances. The 
city or town council has power: (1) To contract an indebtedness on 
behalf of a city or town, upon the credit thereof, by borrowing money 
or issuing bonds for the following purposes, to-wit: Erection of public 
buildings, construction of sewers, sewage treatment and disposal plants, 
bridges, docks, wharves, breakwaters, piers, jetties, moles, waterworks, 
reservoirs and reservoir sites, lighting plants, supplying the city or town 
with water by contract, the purchase of fire apparatus, street and other 
equipment, the construction or purchase of canals or ditches and water 
rights for supplying the city or town with water, building, purchasing, 
constructing and maintaining devices intended to protect the safety of the 
public from open ditches carrying irrigation or other water, to acquire, 
open and/or widen any street and to improve the same by constructing, 
reconstructing and repairing pavement, gutters, curbs and vehicle park- 
ing strips and to pay all or any portion of the cost thereof, and the fund- 
ing of outstanding warrants and maturing bonds; provided, that the 
total amount of indebtedness authorized to be contracted in any form, 
including the then existing indebtedness, must not, at any time, exceed 
five per centum (5%) of the total value of the taxable property of the 
city or town, as ascertained by the last assessment for state and county 
taxes, said words 'value of the taxable property' being used herein in the 
same sense as in section 6 of article XIII of the Constitution; provided, 
that no money must be borrowed on bonds issued for the construction, 
purchase, or securing of a water plant, water system, water supply, sew- 
age treatment and disposal plant, or sewerage system, until the proposi- 
tion has been submitted to the vote of the taxpayers affected thereby of 
the city or town, and the majority vote cast in favor thereof; and, further 
provided, that an additional indebtedness shall be incurred, when neces- 
sary, to construct a sewerage system or procure a water supply for the 
said city or town, which shall own or control said water supply and 
devote the revenue derived therefrom to the payment of the debt. 

-1 — 



(2) The additional indebtedness authorized, including all indebtedness 
theretofore contracted, which is unpaid or outstanding, for the construc- 
tion of a sewerage system, or for the procurement of a water supply, or 
for both such purposes, shall not exceed in the aggregate ten per centum 
(10%) over and above the five per centum (5%) heretofore referred to, 
of the total valuation of the taxable property of the city or town as as- 
certained by the last assessment for state and county taxes; and, pro- 
vided further, that the above limit of five per centum (5%) shall not be 
extended, unless the question shall have been submitted to a vote of the 
taxpayers affected thereby, and carried in the affirmative by a vote of the 
majority of said taxpayers who vote upon such question. 

(3) It is further provided, that whenever a franchise has been 
granted to, or a contract made with, any person or persons, corporation 
or corporations, and such person or persons, corporation or corporations, 
in pursuance thereof, or otherwise, have established or maintained a sys- 
tem of water supply, or have valuable water rights or a supply of water 
desired by the city or town for supplying the said city or town with water, 
the city or town granting such franchise or entering in such contract 
or desiring such water supply, shall, by the passage of an ordinance, give 
notice to such person or persons, corporation or corporations, that it de- 
sires to purchase the plant and franchise and water supply of such per- 
son or persons, corporation or corporations, and it shall have the right 
to so purchase the said plant or water supply, upon such terms as the 
parties agree; in case they cannot agree, then the city or town shall pro- 
ceed to acquire the same under the laws relating to the taking of private 
property for public use, and any city or town acquiring property under 
the laws relating to the taking of private property for public use, shall 
make payment to the owner or owners of the plant or water supply of 
the value thereof legally determined, within six (6) months from and 
after final judgment is entered in the condemnation proceedings. For the 
purpose of providing the city or town with an adequate water supply for 
municipal and domestic purposes, the city or town council shall procure 
an appropriate water rights and title to the same, and the necessary real 
and personal property to make said rights and supply available, by pur- 
chase, appropriation, location, condemnation, or otherwise. 

(4) Cities and towns shall have jurisdiction and control over the 
territory occupied by their public works, and over and along the line of 
reservoirs, streams, trenches, pipes, drains, and other appurtenances used 
in the construction and operation of such works, and also over the source 
of stream for which water is taken, for the enforcement of its sanitary 
ordinances, the abatement of nuisances, and the general preservation of 
the purity of its water supply, with power to enact all ordinances and 
regulations necessary to carry the powers hereby conferred into effect. 
For this purpose the city or town shall be authorized to condemn private 
property in the manner provided by law, and shall have authority to levy 
a just and equitable tax on all consumers of water for the purpose of 
defraying the expenses of its procurement. 

As amended by Section 1, Chapter 158, Laws of 1963. 



—2- 



11-1202. Awarding contracts — advertisements — limitations — in- 
stallments — sales of supplies — construction of buildings — purchases 
from government agencies — exemptions. All contracts for work, or for 
supplies, or for material, or for the construction of any building, for 
which must be paid a sum exceeding one thousand dollars ($1,000.00), 
must be let to the lowest responsible bidder after advertisement for bids; 
provided that no contract shall be let extending over a period of three (3) 
years or more without first submitting the question to a vote of the tax- 
paying electors of said city or town. Such advertisement shall be made 
in the official newspaper of the city or town, if there be such official news- 
paper, and if not it shall be made in a daily newspaper of general circula- 
tion published in the city or town, if there be such, otherwise by posting 
in three (3) of the most public places in the city or town. Such advertise- 
ment if by publication in a newspaper shall be made once each week for 
two consecutive weeks and the second publication shall be made not less 
than five (5) days nor more than twelve (12) days before the considera- 
tion of bids. If such advertisement is made by posting, fifteen (15) days 
must elapse, including the day of posting, between the time of the posting 
of such advertisement and the day set for considering bids. The council 
may postpone action as to any such contract until the next regular meet- 
ing after bids are received in response to such advertisement, may reject 
any and all bids and readvertise as herein provided. The provisions of this 
section as to advertisement for bids shall not apply upon the happening 
of any emergency caused by fire, flood, explosion, storm, earthquake, riot 
or insurrection, or any other similar emergency, but in such case the 
council may proceed in any manner which, in the judgment of three- 
fourths (54) of the members of the council present at the meeting, duly 
recorded in the minutes of the proceedings of the council by aye and 
nay vote, will best meet the emergency and serve the public interest. 
Such emergency shall be declared and recorded at length in the minutes 
of the proceedings of the council at the time the vote thereon is taken and 
recorded. 

When the amount to be paid under any such contract shall exceed one 
thousand dollars ($1,000.00) the council may provide for the payment of 
such amount in installments extending over a period of not more than 
three (3) years; provided that when such amount is extended over a term 
of two (2) years at least forty per centum (40%) thereof shall be paid the 
first year and the remainder the second year, and when such amount is ex- 
tended over a term of three (3) years, at least one-third {}/$) thereof shall 
be paid each year; provided that at the time of entering into such contract, 
there shall be an unexpended balance of appropriation in the budget for 
the then current fiscal year available and sufficient to meet and take care 
of such portion of the contract price as is payable during the then current 
fiscal year, and the budget for each following year, in which any por- 
tion of such purchase price is to be paid, shall contain an appropriation 
for the purpose of paying the same. 

Old supplies or equipment may be sold by the city or town to the 
highest responsible bidder, after calling for bid purchasers as herein set 
forth for bid sellers, and such city or town may trade in supplies or old 

—3— 



equipment on new supplies or equipment at such bid price as will result 
in the lowest net price. 

Also a city or town may, without bid, when there are sufficient funds 
in the budget for supplies or equipment, purchase such supplies or equip- 
ment from government agencies available to cities or towns when the 
same can be purchased by such city or town at a substantial saving to 
such city or town. 

All necessary contracts for professional, technical, engineering and 
legal services are excluded from the provisions of this act. 

As amended by Section 1, Chapter 26, Laws of 1963. 

11-2218. May issue revenue bonds — sinking fund — refunding revenue 
bonds. (1) Any such municipality may issue and sell negotiable revenue 
bonds for the construction of any such water or sewer system or com- 
bined water and sewer system when authorized so to do by a majority 
vote of the qualified electors voting on the question at an election called 
by the city council or other governing body of the municipality for that 
purpose, and noticed and conducted in accordance with the provisions of 
sections 11-2308 to 11-2310, inclusive; which bonds shall bear interest at 
a rate or rates and shall be sold at a price resulting in an average net in- 
terest cost, computed to the stated bond maturity dates, of net more 
than six per cent (6%) per annum and all bonds shall mature within 
forty (40) years from date of bonds, and may be registered as to owner- 
ship of principal only with the treasurer of said municipality, if so di- 
rected by the governing body. No bonds shall be sold for less than par, 
and each of said bonds shall state plainly on its face that it is payable 
only from a sinking fund, naming said fund and the ordinance and resolu- 
tion creating it, and that it does not create an indebtedness within the 
meaning of any charter, statutory or constitutional limitation upon the 
incurring of indebtedness. 

(2) Prior to the issuance of said bonds the city council or other 
governing body of such municipality shall adopt an ordinance or resolu- 
tion authorizing the issuance and sale of said bonds, and must create a 
sinking fund for the payment of the bonds and the interest thereon and 
charges of the fiscal agency for making payment of the bonds and in- 
terest thereon. 

(3) At or before the issuance and sale of any such bonds, the govern- 
ing body shall, by resolution or ordinance, set aside to such sinking fund 
and pledge to the payment of the bonds and the interest thereon the net 
income and revenues of the system, including all additions thereto and 
replacements and improvements thereof subsequently constructed or 
acquired, up to an amount sufficient to provide for the payment of the 
principal and the interest on the bonds as such principal and interest shall 
become due and payable, and to accumulate and maintain reserves secur- 
ing such payments in such amount as shall be deemed by the governing 
body to be necessary and expedient. 

(4) The said net income and revenues above-mentioned shall be con- 
strued to mean an the gross income from said system less normal, rea- 
sonable and current expenses of operation and maintenance thereof. 



(5) Said payments above-mentioned shall constitute a first and prior 
charge and lien on the entire net income and revenues derived from the 
operation of said system, provided that the governing body shall have 
power from time to time to establish the relative priority of the liens of 
successive issues of bonds upon said net income and revenues, subject to 
any restrictions contained in the ordinances or resolutions authorizing 
bonds of prior issues. 

(6) Any such municipality, by ordinance or resolution adopted by its 
governing body, and without an election, may issue and sell negotiable 
revenue bonds in the manner provided in this section, to refund bonds 
previously issued for any of the foregoing purposes, whether issued under 
authority of this section or any other applicable law. Refunding bonds 
may, with the consent of the holders of the bonds to be refunded thereby, 
be exchanged at par plus accrued interest for all or part of such bonds, 
or may be sold at a price not less than par plus accrued interest, but noth- 
ing herein shall require the holder of any outstanding bond to accept pay- 
ment thereof or the delivery of a refunding bond in exchange therefor, 
except in accordance with the terms of such outstanding bond. Bonds 
may be issued to refund interest as well as principal actually due and 
payable if the revenues pledged therefor are not sufficient, but not to re- 
fund any principal or interest due which can be paid from revenues then 
on hand. 

<7) Any municipality having issued bonds payable from net revenues 
of its water and sewer system or combined water and sewer systems, 
whether under authority of this section or otherwise, may issue addi- 
tional bonds after authorization by the qualified electors in the manner 
hereinabove provided, to finance the reconstruction and improvement of 
such system and the construction of additions thereto, and may provide- 
that such additional bonds shall be payable from said net revenues on a 
parity with the outstanding bonds of such previous issues, subject to any 
restrictions upon such issuance which may be imposed by the resolutions 
or ordinances authorizing said outstanding bonds; or the governing body 
may provide for the issuance of refunding bonds, without an election, to 
retire such outstanding bonds and may, if desired, combine such refund- 
ing issue with the issue authorized by the electors for reconstruction, im- 
provements and additions, or may include the amount required for such 
refunding in the amount of such additional issue when submitted to the 
electors. 

(8) Refunding bonds may bear interest at a rate lower or higher 
than the bonds refunded thereby, if they are issued to refund matured 
principal or interest for the payment of which revenues on hand are not 
sufficient, or if the refunding bonds are combined with an issue of new 
bonds for reconstruction, improvements and additions and the lien of 
such new bonds upon the revenues of the system or systems must be 
junior and subordinate to the lien of the outstanding bonds refunded, 
under the terms of the ordinances or resolutions authorizing the out- 
standing bonds, as applied to circumstances existing on the date of re- 
funding. Except as authorized in the preceding sentence, refunding bonds 
shall not be issued unless their average annual interest rate, computed 
to their stated maturity dates and excluding any premium from such 



computation, is at least three-eighths of one per cent (3-i OI 1%) less 
than the average annual interest rate on the bonds refunded thereby, com- 
puted to their respective stated maturity dates. 

(9) In any case where refunding bonds are issued and sold six (6) 
months or more before the earliest date on which all bonds refunded 
thereby mature or are prepayable in accordance with their terms, the 
proceeds of the refunding bonds, including any premium and accrued in- 
terest, shall be deposited in escrow with a suitable bank or trust com- 
pany, having its principal place of business within or without the state, 
which is a member of the Federal Reserve System and has a combined 
capital and surplus not less than one million dollars ($1,000,000), and 
shall be invested in such amount and in securities maturing on such 
dates and bearing interest at such rates as shall be required to provide 
funds sufficient to pay when due the interest to accrue on each bond 
refunded to its maturity or, if it is prepayable, to the earliest prior date 
upon which such bond may be called for redemption, and to pay and 
redeem the principal amount of each such bond at maturity, or, if pre- 
payable, at its earliest redemption date, and any premium required for 
redemption on such date; and the resolution or ordinance authorizing 
the refunding bonds shall irrevocably appropriate for these purposes the 
escrow fund and all income therefrom, and shall provide for the call of 
all prepayable bonds in accordance with their terms. The securities to 
be purchased with the escrow fund shall be limited to general obligations 
of the United States, securities whose principal and interest payments 
are guaranteed by the United States, and securities issued by the follow- 
ing United States government agencies: Banks for Cooperatives, Federal 
Home Loan Banks, Federal Intermediate Credit Banks, Federal Land 
Banks, and the Federal National Mortgage Association. Such securities 
shall be purchased simultaneously with the delivery of the refunding 
bonds. 

(10) Revenues and other funds on hand, in excess of amounts pledged 
by ordinances and resolutions authorizing outstanding bonds for the pay- 
ment of principal and interest currently due thereon and reserves securing 
such payment, may be used to pay the expenses incurred by the munici- 
pality for the purpose of such refunding, including but without limitation 
the cost of advertising and printing refunding bonds, legal and financial 
advice and assistance in connection therewith, and the reasonable and 
customary charges of escrow agents and paying agents. Revenues and 
other funds on hand, including reserves pledged for the payment and 
security of outstanding revenue bonds, may be deposited in an escrow 
fund created for the retirement of such bonds and may be invested and 
disbursed as provided in subsection (9) hereof, to the extent consistent 
with the ordinances or resolutions authorizing such outstanding bonds. 

As amended by Section 1, Chapter 51, Laws of 1963. 

11-2404. Authorization of undertaking — form and contents of bonds. 
The acquisition, purchase, construction, reconstruction, improvement, bet- 
terment or extension of any undertaking may be authorized under this 
chapter, and bonds may be authorized to be issued under this chapter by 
resolution or resolutions of the governing body of the municipality, when 



authorized by a majority of the taxpayers voting upon such question at 
a special election noticed and conducted as provided in sections 11-2308 
to 11-2310, inclusive, and said special election shall be held not later than 
the next municipal election held after the council or governing body of 
the municipality has by resolution or resolutions approved the acquisi- 
tion, purchase, construction, reconstruction, improvement, betterment or 
extension of any undertaking as in this chapter provided and ordered said 
special election; provided, that the issuance of refunding revenue bonds 
may be authorized by resolution or resolutions of the governing body of 
the municipality without an election. 

Said bonds shall bear interest at such rate or rates not exceeding six 
per centum (6%) per annum, payable semi-annually, may be in one or 
more series, may bear such date or dates, may mature at such time or 
times not exceeding forty (40) years from their respective dates, may be 
payable in such place or places, may carry such registration privileges, 
may be subject to such terms of redemption, may be executed in such man- 
ner, may contain such terms, covenants and conditions, and may be in such 
form, either coupon or registered, as such resolution or subsequent resolu- 
tions may provide. Said bonds shall be sold at not less than par. Said 
bonds may be sold at private sale to the United States of America or any 
agency, instrumentality or corporation thereof. Unless sold to the United 
States of America or agency, instrumentality or corporation thereof, said 
bonds shall be sold at public sale after notice of such sale published once 
at least five (5) days prior to such sale in a newspaper circulating in the 
municipality and in a financial newspaper published in the city of New 
York, New York, or the city of Chicago, Illinois, or the city of San Fran- 
cisco, California, except that, in the event the bond issue is in an amount 
of less than one hundred fifty thousand dollars ($150,000), the bond issue 
shall be advertised at least five (5) days prior to such sale in daily news- 
papers circulating in Montana cities of 10,000 population or over, in lieu 
of advertising in a financial newpaper (sic) in New York, Chicago, or 
San Francisco, and also in a newspaper as specified in section 16-1201 if 
that newspaper is different from the daily newspapers circulating in Mon- 
tana cities of 10,000 population or over. Pending the preparation of the 
definitive bonds, interim receipts or certificates in such form and with 
such provisions as the governing body may determine may be issued to 
the purchaser or purchasers of bonds sold pursuant to this chapter. Said 
bonds and interim receipts or certificates shall be fully negotiable within 
the meaning of and for all the purposes of the negotiable instruments 
law. 

As amended by Section 1, Chapter 52, Laws of 1963. See also amend- 
ment below. 

11-2404. Authorization of undertaking — form and contents of bonds. 
The acquisition, purchase, construction, reconstruction, improvement, bet- 
terment or extension of any undertaking may be authorized under this 
chapter, and bonds may be authorized to be issued under this chapter by 
resolution or resolutions of the governing body of the municipality, when 
authorized by a majority of the taxpayers voting upon such question at 
a special election noticed and conducted as provided in sections 11-2308 to 
11-2310, inclusive, and said special election shall be held not later than 

—7— 



the next municipal election held after the council or governing body of 
the municipality has by resolution or resolutions approved the acquisi- 
tion, purchase, construction, reconstruction, improvement, betterment or 
extension of any undertaking as in this chapter provided and ordered said 
special election; provided, that the issuance of refunding revenue bonds 
may be authorized by resolution or resolutions of the governing body of 
the municipality without an election. 

Said bonds shall bear interest at such rate or rates not exceeding six 
per centum (.6%) per annum, payable semi-annually, may be in one or 
more series, may bear such date or dates, may mature at such time or 
times not exceeding forty (40) years from their respective dates, may be 
payable in such place or places, may carry such registration privileges, 
may be subject to such terms of redemption, may be executed in such 
manner, may contain such terms, covenants and conditions, and may be 
in such form, either coupon or registered, as such resolution or subse- 
quent resolutions may provide. Said bonds shall be sold at not less than 
par. Said bonds may be sold at private sale to the United States of 
America or any agency, instrumentality or corporation thereof. Unless 
sold to the United States of America or agency, instrumentality or cor- 
poration thereof, said bonds shall be sold at public sale after notice of 
such sale published once at least five (5) days prior to such sale in a 
newspaper circulating in the municipality and in a financial newspaper 
published in the city of New York, New York, or the city of Chicago, 
Illinois, or the city of San Francisco, California. Pending the preparation 
of the definitive bonds, interim receipts or certificates in such form and 
with such provisions as the governing body may determine may be issued 
to the purchaser or purchasers of bonds sold pursuant to this chapter. 
Said bonds and interim receipts or certificates shall be fully negotiable, 
as provided by the Uniform Commercial Code — Investment Securities. 

As amended by Section 11-106, Chapter 264, Laws of 1963. See also 
amendment above. 

16-1907. Emergency expenditures — notice and hearings — objections 
by taxpayers — appeal — notice and hearing dispensed with in extreme cases 
— emergency warrants — tax levy — lapse of appropriations. (1) In a pub- 
lic emergency, other than such as are hereinafter specifically described, 
and which could not reasonably have been foreseen at the time of making 
the budget, the board of county commissioners, by unanimous vote of the 
members present at any meeting, the time and place of which all the 
commissioners shall have had reasonable notice, shall adopt and enter 
upon their minutes a resolution stating the facts constituting the emer- 
gency and the estimated amount of money required to meet such emer- 
gency and shall publish the same, together with a notice that a public 
hearing will be held thereon at the time and place designated therein, but 
which shall not be less than one week after the date of said publication, 
at which any taxpayer may appear and be heard for or against the ex- 
penditure of money for such alleged emergency. Such resolution and 
notice shall be published once in the official newspaper of the county, 
and if there be none then in a newspaper of general circulation in the 
county. 

—8— 



(2) Upon the conclusion of such hearing, if the commissioners shall 
approve of such emergency expenditure, they shall make and enter upon 
their official minutes, by unanimous vote of all of the members of the 
board present at such meeting, an order setting forth the facts constituting 
such emergency together with the amount of expenditure authorized by 
them therefor, which order, so entered, shall be lawful authorization for 
them to expend such amount, but no more, for such purpose, subject 
however, to the following limitations: No expenditures shall be made 
or liability incurred pursuant to said order until five (5) days, exclusive 
of the day of entry of said order, shall have elapsed, during which time 
any taxpayer or taxpayers of said county feeling aggrieved by said order 
may appeal therefrom to the district court for such county by filing with 
the clerk of such court a verified petition, a copy of which shall thereto- 
fore have been served upon the county clerk and recorder of said county 
as the clerk of the board of county commissioners. Said petition shall set 
forth in detail the objections of the petitioner or petitioners to said order, 
giving their reasons why the said emergency does not exist. The service 
and filing of such petition shall operate to suspend such emergency order 
and the authority to make any expenditure or incur any liability there- 
under, until final determination of the matter by the court. 

(3) Upon the filing of such petition the court shall immediately fix 
a time for hearing such petition which shall be at the earliest convenient 
time. At such hearing the court shall hear the matter de novo and may 
take such testimony as it deems necessary. Its proceedings shall be sum- 
mary and informal and its determination as to whether an emergency, 
such as is contemplated within the meaning and provisions of this act, 
exists or not, and whether the expenditure authorized by said order is 
excessive or not shall be final. 

(4) The total of all emergency budgets, and appropriations made 
therein, in any one year, to be paid from the county poor fund shall not 
exceed the amount which would be produced by a mill levy equal to the 
difference between the mills levied in that year and the maximum mill 
levy authorized by law to be made for such fund, computed against the 
taxable value of the property subject to such levy, as shown by the last 
completed assessment roll of the county. 

(5) Upon the happening of an emergency caused by fire, flood, ex- 
plosion, storm, earthquake, epidemic, riot, or insurrection, or for the im- 
mediate preservation of order or of public health, or for the restoration 
of a condition of usefulness of which has been destroyed by accident, or 
for the relief of a stricken community overtaken by calamity, or in settle- 
ment of approved claims for personal injuries or property damages, ex- 
clusive of claims arising from the operation of any public utility owned 
by the county, or to meet mandatory expenditures required by law, the 
county commissioners may, upon adoption by unanimous vote of all 
members present at any meeting, the time and place of which all mem- 
bers shall have had reasonable notice, of a resolution stating the facts 
constituting the emergency, and entering the same upon their minutes, 
make the expenditures or incur the liabilities necessary to meet such 
emergency without further notice or hearing; provided, that the aggre- 
gate total of all expenditures made or liabilities incurred in any fiscal 



year to meet emergencies other than such as are caused by fire, flood, ex- 
plosion, earthquake, epidemic, riot or insurrection, shall not exceed the 
sum of two hundred thousand dollars ($200,000.00) in counties of classifi- 
cations 1, 2, 3 and 4, provided, however, that after July 1, 1963, such emer- 
gency expenditures shall not exceed twenty-five thousand dollars 
($25,000.00); fifteen thousand dollars ($15,000.00) in counties of classifi- 
cations 5 and 6, and seven thousand five hundred dollars ($7,500.00) in 
counties of classification 7 unless the excess above said sum shall first 
have been authorized by a majority of the taxpaying freeholders of such 
county, who are registered electors therein, voting at a general or special 
election. The question of authorizing such excess expenditure shall be 
submitted in the following form, inserting in the ballot the amount of the 
excess proposed to be authorized and a description of the emergency to 
be met: 

Shall the board of county commissioners of 

County, Montana be authorized to make additional expenditures and in- 
cur additional liabilities in the amount of $ over and 

above the sum of , to meet an emergency caused by 



□ Yes 

□ No 

Notice of such election shall be given by posting notice thereof at least 
fifteen (15) days before such election in three (3) public places in each 
voting precinct within the county and by publishing such notice for not 
less than ten (10) days before the date of such election. 

(6) Air emergency expenditures shall be made by the issuance of 
emergency warrants drawn against the fund or funds properly charge- 
able with such expenditures, and the county treasurer is authorized and 
directed to pay such emergency warrants with any money in such fund 
or funds available for such purpose, and if, at any time, there shall not 
be sufficient money available in such fund or funds to pay such warrants 
then such warrants shall be registered, bear interest and be called in for 
payment in the manner provided by law for other county warrants. 

(7) The county clerk and recorder shall include in his annual tabula- 
tion to be submitted to the board of county commissioners the total 
amount of emergency warrants issued during the preceding fiscal year, 
and the county commissioners shall include in their tax levies a levy for 
each fund sufficient to raise an amount equal to the total amount of such 
warrants, if there be any, remaining unpaid at the close of such preceding 
fiscal year because of insufficient money in such fund to pay the same; 
provided, however, that no levy shall be made for any fund in excess of 
the levy authorized by law to be made therefor; and provided further, 
that the board of county commissioners may submit the question of fund- 
ing such emergency warrants at any election, as provided by law, and if 
at any such election the issuing of such funding bonds be authorized it 
shall not then be necessary for any levy to be made for the purpose of 
paying such emergency warrants. 

(8) All appropriations, other than appropriations for incompleted 
improvements in progress of construction, shall lapse at the end of the 

—10— 



fiscal year; provided that the appropriation accounts shall remain open 
for a period of thirty (30) days thereafter for the payment of claims in- 
curred against such appropriations prior to the close of the fiscal year 
and remaining unpaid. After such period shall have expired, all appropria- 
tions except as hereinbefore provided, regarding incompleted improve- 
ments, shall become null and void, and any lawful claim presented there- 
after against any such appropriation shall be provided for in the next en- 
suing budget. 

As amended by Section 1, Chapter 194, Laws of 1963. 

23-605. Compensation of election officers. The compensation of mem- 
bers of boards of election, including judges and clerks, shall be fixed by 
the board of county commissioners at not to exceed one dollar twenty- 
five cents ($1.25) per hour for the time actually on duty, and must be 
audited by the board of county commissioners and paid out of the county 
treasury. 

As amended by Section 1, Chapter 46, Laws of 1963. 

23-1301. Voting by elector when absent from place of residence or 
physically incapacitated from going to polls. Any qualified elector of this 
state, having complied with the laws in regard to registration, who is 
absent from the county or who is physically incapacitated from attending 
the precinct poll of which he is an elector on the day of holding any 
general or special election, or primary election for the nomination of 
candidates for such general election, or any municipal, school, general, 
special or primary election, may vote at any such election as hereinafter 
provided. 

As amended by Section 1, Chapter 108, Laws of 1963. 

23-1301.1. Forms and regulations for absentee voting in school district 
elections. The state superintendent of public instruction shall prepare the 
form of application for absentee voter ballot for school districts and such 
other forms and regulations as may be necessary to carry out the purpose of 
this act, as it pertains to school districts. 

As enacted by Section 3, Chapter 108, Laws of 1963. 

23-1302 (1). Application of absentee or physically incapacitated per- 
son for ballot. At any time within the period beginning forty-five (45) 
days next preceding such election and ending at 12 noon on the day next 
preceding the day of election, any elector expecting to be absent on the 
day of election from the county in which his voting precinct is situated, 
or any elector in United States service, or any elector who as a result 
of physical incapacity, in all probability will be unable to attend his vot- 
ing precinct poll as made to appear by the certificate of a physician li- 
censed under the laws of Montana, plainly stating the nature of the 
physical incapacity of the applicant, and certifying (a) that such incapa- 
city will continue beyond the day of the election for which the applica- 
tion is made; (b) to the extent of reasonably preventing applicant from 
going to the polls, bodily health considered, may make application to the 
county clerk of such county, or to the city or town clerk, in the case of 

—11- 



a municipal, general, or primary election, lor an official ballot or official 
ballots to be voted at such election as an absent or physically incapaci- 
tated voter's ballot or ballots. 

As amended by Section 2, Chapter 124, Laws of 1963. 

23-1309. Delivery or mailing of ballots to election judges. In case 
such envelope is received by such clerk prior to the delivery of the official 
ballots to a judge of election of the precinct in which such absent or physi- 
cally incapacitated voter resides, said larger envelope, containing the said 
voter's envelope, and his said application as above provided, shall be deliv- 
ered to the judge of election of such precinct, to whom the official ballots of 
the precinct shall be delivered, and at the same time. In case the official 
ballots for such precinct shall have been delivered to the judge of election 
prior to the time of the receipt by the said clerk of said absent or physically 
incapacitated voter's envelope, such clerk shall immediately after inclosing 
such voter's envelope and his application in a larger envelope, and after en- 
dorsing the latter as provided in the foregoing section, address and mail the 
larger envelope, postage prepaid, to the said judge of election of said pre- 
cinct, as hereinafter further provided. If any absentee ballots are received 
by the clerk for which application was made after 12 noon on the day next 
preceding an election, the clerk shall endorse upon the voter's envelope 
the date and exact time of receipt and the words "To be rejected by au- 
thority of section 23-1309, R.C.M. 1947." Absentee ballots endorsed in 
this manner shall be delivered to the judge of election of said precinct 
and shall be rejected by the judge of election. 

As amended by Section 1, Chapter 124, Laws of 1963. 

23-1312. Voting before election day by prospective absentee or phys- 
ically incapacitated elector. Any qualified elector who is present in his 
count}' after the official ballots of such county or school district have 
been printed and who has reason to believe that he will be absent from 
such county or school district on election day, or physically incapacitated 
as provided in section 23-1302 may vote before he leaves his county or 
school district or prior to the inception of such physical incapacity, in 
like manner as an absent or physically incapacitated voter, before the 
county or city or town clerk or school district clerk, or some officer au- 
thorized to administer oaths and having an official seal; and the pro- 
visions of this act shall be deemed to apply to such voting. If the ballot 
be marked before the county or city or town or school district clerk it 
shall be his duty to deal with it in the same manner as if it had come by 
mail. 

As amended by Section 2, Chapter 108, Laws of 1963. 

23-1611. Election returns. (1) The judges, as soon as the count is 
completed and fully ascertained, shall place the machine for one hour in 
such a position that the registering or recording compartments will be in 
full view of the public and any person desiring to view the number of 
votes cast for each person voted for at the election, must be permitted to 

—12— 



do so. Immediately after the above said one hour shall have expired the 
judges shall seal, close, lock the machine or remove the record so as to 
provide against voting or being tampered with, and in case of a machine 
so sealed or locked, it shall so remain for a period of at least thirty (30) 
days, unless opened by order of a court of competent jurisdiction or the 
county recount board. When irregular ballots have been voted, the judges 
shall return them in a properly sealed package endorsed "irregular bal- 
lots," and indicating the precinct and county and file such package with 
the city or county clerk. It shall be preserved for six (6) months after 
such election and may be opened and its contents examined only upon 
an order of a court of competent jurisdiction or the county recount board; 
at the end of such six (6) months unless ordered otherwise by the court, 
such package and its contents shall be destroyed by the city or county 
clerk. All tally sheets taken from such machine, if any, shall be returned 
in the same manner. 

(2) The officers heretofore charged with the duty of furnishing tally 
sheets and return blanks shall furnish suitable return blanks and certifi- 
cates to the officers of election. Such return sheets shall have each can- 
didate's name designated by the same reference character that said can- 
didate's name bears on the ballot labels and counters, and shall make 
provision for writing in of the vote for such candidate in figures and 
shall also provide for writing in of the vote in words. Such return sheet 
shall also provide for the return of the vote on questions. It shall also 
have a blank thereon, on which can be marked the precinct, ward, etc., of 
which said return sheet bears the returns and the number and make of 
the machine used. Said return sheet shall also have a certificate thereon, 
to be executed before the polls open by the judges of election, stating 
that all counters except the protective counter, if any, and except as 
otherwise noted thereon, stood at "000" at the beginning of the election, 
and that all of said counters had been carefully examined before the be- 
ginning of the election; that the ballot labels were correctly placed on 
the machine and correspond to the sample ballot, and such other state- 
ments as the particular machine may require; and shall provide for the 
signature of the election officers. Said return sheet shall also have thereon 
a second certificate stating the manner of closing the polls, the manner 
of verifying the returns, that the foregoing returns are correct, giving 
the indication of the public counter, and poll-list, and protective counter, 
if any, at the close of the election. Such certificate shall properly specify 
the procedure of canvassing the vote and locking the machine, etc., for the 
particular type of machine used, and such certificate shall be such that the 
election officers can properly subscribe to it as having been followed and 
shall have provisions for the signature of the election officers. The elec- 
tion officers shall conform their procedure to that specified in the certifi- 
cate to which they must certify. The certificate and attest of the election 
officers shall appear on each return sheet. 

As amended by Section 16, Chapter 42, Laws of 1963. See also amend- 
ment below. 

23-1611. Election returns. (1) The judges, as soon as the count is 
completed and fully ascertained, shall place the machine for one (1) 

—13— 



hour in such a position that the registering or recording compartments 
will be in full view of the public and any person desiring to view the num- 
ber of votes cast for each person voted for at the election, must be per- 
mitted to do so. Immediately after the above said one (1) hour shall 
have expired the judges shall seal, close, lock the machine or remove the 
record so as to provide against voting or being tampered with, and in 
case of a machine so sealed or locked, it shall so remain for a period of 
at least thirty (30) days, except when used in a municipal primary nomi- 
nating election, unless opened by order of a court of competent jurisdic- 
tion. Whenever a machine has been used in a municipal primary nomi- 
nating election, it shall remain sealed and locked for a period of at least 
five (5) days, unless opened by order of a court of competent jurisdiction. 
When irregular ballots have been voted, the judges shall return them 
in a properly sealed package endorsed "irregular ballots," and indicating 
the precinct and county and file such package with the city or county 
clerk. It shall be preserved for six (6) months after such election and 
may be opened and its contents examined only upon an order of a court 
of competent jurisdiction; at the end of such six (6) months unless ordered 
otherwise by the court, such package and its contents shall be destroyed 
by the city or county clerk. All tally sheets taken from such machine, if 
any, shall be returned in the same manner. 

(2) The officers heretofore charged with the duty of furnishing tally 
sheets and return blanks shall furnish suitable return blanks and certifi- 
cates to the officers of election. Such return sheets shall have each candi- 
date's name designated by the same reference character that said candi- 
date's name bears on the ballot labels and counters, and shall make pro- 
vision for writing in of the vote for such candidate in figures and shall 
also provide for writing in of the vote in words. Such return sheet shall 
also provide for the return of the vote on questions. It shall also have a 
blank thereon, on which can be marked the precinct, ward, etc., of which 
said return sheet bears the returns and the number and make of the ma- 
chine used. Said return sheet shall also have a certificate thereon, to be 
executed before the polls open by the judges of election, stating that all 
counters except the protective counter, if any, and except as otherwise 
noted thereon, stood at "000" at the beginning of the election, and that all 
of said counters had been carefully examined before the beginning of the 
election; that the ballot labels were correctly placed on the machine and 
correspond to the sample ballot, and such other statements as the par- 
ticular machine may require; and shall provide for the signature of the 
election officers. Said return sheet shall also have thereon a second cer- 
tificate stating the manner of closing the polls, the manner of verifying 
the returns, that the foregoing returns are correct, giving the indication 
of the public counter, and poll-list, and protective counter, if any, at the 
close of the election. Such certificate shall properly specify the procedure 
of canvassing the vote and locking the machine, etc., for the particular 
type of machine used, and such certificate shall be such that the election 
officers can properly subscribe to it as having been followed and shall 
have provisions for the signature of the election officers. The election of- 
ficers shall conform their procedure to that specified in the certificate to 
which they must certify. The certificate and attest of the election officers 
shall appear on each return sheet. 

—14— 



As amended by Section 1, Chapter 57, Laws of 1963. See also amend- 
ment above. 

23-1712. Filing of ballots and stubs by county clerk. Upon the re- 
ceipt of the packages or envelopes by the county clerk, he must file the 
package or envelope containing the ballots voted and detached stubs and 
the package or envelope containing the unused ballots, and must keep 
them unopened and unaltered for twelve (12) months, after which time, 
if there is no contest commenced in some tribunal having jurisdiction 
about such election or a recount is had as provided by law, he must burn 
such packages, or envelopes, without opening or examining their con- 
tents. 

As amended by Section 17, Chapter 42, Laws of 1963. 

23-1807. Duty of canvassing board. The board must declare elected 
the person having the highest number of votes given for each office to be 
filled by the votes of a single county or a sub-division thereof. If a re- 
count shall show that two or more persons received an equal and sufficient 
number of votes to elect to the office of state senator, or member of the 
house of representatives, the county recount board shall certify such facts 
to the governor. 

As amended by Section 18, Chapter 42, Laws of 1963. 

23-2309. Purpose of act — liberal construction. It is the purpose of this 
act to procure a speedy and correct determination of the true and actual 
count of all ballots cast at an election, which ballots are valid on their face, 
and all provisions of this act shall be liberally construed to that end. 

As enacted by Section 1, Chapter 42, Laws of 1963. 

23-2310. Application of act. The provisions herein shall apply to the re- 
count of ballots cast in any election. 

As enacted by Section 2, Chapter 42, Laws of 1963. 

23-2311. Close vote as ground for recount petition filed with clerk of 
court or secretary of state. A recount shall be made under any of the fol- 
lowing conditions: 

1. When any candidate for any office, position, or nomination which 
is voted upon only by the electors of one county, or some part thereof, 
except the office of judge of the district court, is defeated according to 
the official returns by a margin not exceeding one-fourth of one per 
cent (% of 1%) of the total vote cast for all candidates for such office, 
position, or nomination, or is defeated by a margin not exceeding ten (10) 
votes, whichever is the greater, he may within five (5) days after com- 
pletion of the official canvass of the returns file with the county clerk his 
duly verified petition stating he believes a recount will change the result 
and praying for a recount of all votes cast for such office, position, or 
nomination. 

2. Whenever any candidate for any office, position, or nomination 
which is voted upon in more than one county or for the office of judge 

—15— 



of the district court, is defeated according to the official returns by a 
margin not exceeding one-fourth of one percent ( J 4 of 1%) of the total 
vote cast for all candidates for such office, position, or nomination, he 
may within five (5) days after completion of the official canvass of the 
returns file a petition with the secretary of state such as set forth in sub- 
division one (1) of this section. The secretary of state shall immediately 
notify by registered mail each county clerk whose county includes any 
precincts which voted for such office, position, or nomination of the 
filing of such petition, and the recount shall be conducted as to all of 
such precincts in each such county. 

3. Whenever any referred or submitted question is voted upon 
throughout the state and is determined according to the official canvass 
by a margin of not exceeding one-fourth of one percent (% of 1%) of the 
total vote cast for and against on such question, there may be filed with 
the secretary of state within five (5) days after the completion of the of- 
ficial canvass, a petition signed by not less than one hundred (100) legally 
qualified electors of the state, and representing at least five (5) counties 
of the state, a petition with the secretary of state such as set forth in sub- 
division one (1) of this section. The secretary of state shall immediately 
notify by registered mail each county clerk of the filing of such petition, 
and the recount shall be conducted as to all precincts in each county. 

As enacted by Section 3, Chapter 42, Laws of 1963. 

23-2312. The vote as ground for recount. When by reason of a tie vote 
found to exist upon the canvass of the original official returns, it is impos- 
sible to declare who has been elected or nominated to an office or position, 
it shall be the duty of the canvass board making such canvass to certify said 
vote to the county clerk where the election involved is confined to one 
county, except for the office of district judge, and to the secretary of state 
as to all other elections. The county clerk, or the secretary of state, as the 
case may be, shall proceed exactly as if a petition had been duly filed under 
this act, and the recount shall proceed accordingly. In case of a tie vote 
found to exist after the recount, such tie vote shall be resolved as provided 
by existing statutes. 

As enacted by Section 4, Chapter 42, Laws of 1963. 

23-2313. Total vote — manner of computation. When in any election an 
elector may vote for two or more candidates for the same office, the total 
vote cast for all candidates for such office shall for the purposes of this act 
be the total vote actually cast for all candidates divided by the number of 
candidates officially declared nominated or elected as shown by the official 
returns. 

As enacted by Section 5, Chapter 42, Laws of 1963. 

23-2314. County recount board — composition — disqualification of inter- 
ested candidates. The county recount board of each county shall consist cf 
the three members of the board of county commissioners. If at the time 
and place appointed for the recount one or more of the county commis- 
sioners shall not attend, the place of the absentees must be supplied by 

—16— 



one or more of the following county officers, whose duty it is to act in the 
order named: the treasurer, the assessor, the sheriff, the clerk of court. 
The county recount board shall always consist of three acting members. 
If any member of the county recount board was among the candidates 
for an office, nomination, or position to which votes are to be recounted, 
he shall thereby be disqualified. 

As enacted by Section 6, Chapter 42, Laws of 1963. 

23-2315. Clerk of county recount board. The county clerk shall be the 
clerk of the county recount board, and the board may hire additional clerks 
as needed. 

As enacted by Section 7, Chapter 42, Laws of 1963. 

23-2316. Notice to recount board of filing of petition — convening of 
board. The county clerk shall immediately upon the filing with him 
of any petition for a recount, or upon receipt from the secretary of state 
of notice of such filing with the secretary of state, notify the members 
of the county recount board. The board shall then convene at the usual 
place of meeting of the county commissioners without undue delay, and 
in no event more than five (5) days after the filing of the petition with 
the county clerk or the notice of the filing with the secretary of state. 

As enacted by Section 8, Chapter 42, Laws of 1963. 

23-2317. Persons entitled to appear at recount — opening and recount 
of ballots. Each candidate for any office, nomination, or position in- 
volved in a recount may appear, personally or by a representative, and 
shall have full opportunity to witness the opening of all ballot boxes and 
the count of all ballots. If the recount is upon a referred or submitted 
question, one legally qualified elector of the state favoring each side as 
to such question may be present and represent such side. The county 
clerk shall produce, unopened, the sealed package or envelope received 
by him from the judges of election of each election precinct in the county. 
The procedure for conducting the recount of votes shall be as provided 
in subsection three (3) of Section 23-2304, R.C.M. 1947, and the recount 
shall proceed as expeditiously as reasonably possible until completed. 

As enacted by Section 9, Chapter 42, Laws of 1963. 

23-2318. Certification of recount results — transmittal to secretary of 
state — corrected abstract of votes — new certificate of election or nomina- 
tion. Immediately upon conclusion of the recount of all ballots to be 
recounted the county recount board shall certify the result. The certifi- 
cate must be signed by at least two members of such board, attested 
under seal by the county clerk. The certificate shall set forth in sub- 
stance the proceedings of the board and appearance of any candidates or 
representatives, shall adequately designate each precinct recounted, the 
vote of such precinct according to the official canvass thereof previously 
made as to the office, nomination, position, or question involved, and the 
correct vote of such precinct as determined by the board through the re- 

--17— 



count. When the certificate relates to the recount ballots as to an office, 
nomination, position, or question voted upon in more than one county 
or for the office of judge of the district court, the certificate shall be 
made in duplicate, and either the original or duplicate original immedi- 
ately transmitted to the secretary of state by registered mail. If the re- 
count relates to the recount of ballots as to an office, nomination, posi- 
tion, or question voted upon in only one county, or some part thereof, the 
county recount board shall immediately re-canvass the returns as cor- 
rected by the certificate showing the result of the recount, and make a 
new and corrected abstract of the votes cast. If such correct abstract 
shows no change in the result as previously found on the official returns, 
no further action shall be taken. If there is a change in the result, a new 
certificate of election or nomination shall be issued to each candidate 
found to have been elected or nominated. 

As enacted by Section 10, Chapter 42, Laws of 1963. 

23-2319. Reconvening state board of canvassers — re-canvass by state 
board — corrected abstract of votes — new certificate of election or nomi- 
nation. Upon receipt by the secretary of state of certificates by all 
county recount boards required to be forwarded, the secretary of state 
shall file the same, and fix a time and place as early as reasonably possi- 
ble for re-convening the state board of canvassers, and shall notify the 
members of the state board of canvassers thereof. The state board of 
canvassers shall re-convene at the time and place designated and re- 
canvass the official returns as to such office, nomination, position or ques- 
tion, as corrected by such certificates, and shall make a new and corrected 
abstract of the votes cast. If such corrected abstract shows no change in 
the result previously found on the official returns, no further action shall 
be taken. If there is a change in the result, a new certificate of election 
or nomination shall be issued in the same manner as the certificate of 
election or nomination previously issued to each candidate found to have 
been elected or nominated. 

As enacted by Section 11, Chapter 42, Laws of 1963. 

23-2320. Effect of new certificate of election or nomination. Any cer- 
tificate of nomination or election issued under the provisions of this act 
shall have the effect of and shall be recognized as superseding and render- 
ing null and void any certificate of election or nomination previously issued 
which is inconsistent with the new certificate, and the holder of any cer- 
tificate of nomination or election issued under this act shall have the same 
identical rights as if he held the original certificate of nomination or elec- 
tion and no recount had been had. 

As enacted by Section 12, Chapter 42, Laws of 1963. 

23-2321. The vote after recount. When a tie vote between candidates is 
found to exist on the basis of the recount, and by reason of such tie vote 
it cannot be determined who has been nominated or elected, the office or 
position shall be filled as provided by section 23-1901 to 23-1904, R.C.M. 
1947. 

As enacted by Section 13, Chapter 42, Laws of 1963. 

—18— 



23-2322. Expenses of recount. The expense of the recount of the votes 
as provided in this act shall be a county charge, except that any expenses of 
the secretary of state, and state board of canvassers shall be a state charge. 

As enacted by Section 14, Chapter 42, Laws of 1963. 

23-2323. Supplemental to prior law. This act is supplemental to and 
not in derogation of the law relating to contest of elections, or the recount 
procedure set forth in Sections 23-2301 to 23-2308, R.C.M. 1947. 

As enacted by Section IS, Chapter 42, Laws of 1963. 

37-104.1. Attorney general's summary of referred or initiative measures 
— placement on ballot. The secretary of state of the state of Montana prior 
to certifying and numbering of referendum, initiative or constitutional 
amendment to the several counties of Montana as provided by Sections 
37-105 and 23-1102 of the Revised Codes of Montana, 1947, shall transmit a 
copy of the measure to be voted upon to the attorney general of Montana. 
Within ten (10) days after the measure is filed with him, the attorney gen- 
eral shall provide and return to the secretary of state a statement in ordi- 
nary plain language explaining in not more than one hundred (100) words 
the general purpose of the measure submitted. The statement as pre- 
pared by the attorney general, shall be in addition to the legislative title 
of the measure. On the printing of the ballot, the statement of the at- 
torney general shall precede the other title of the measure. In providing 
the statement, the attorney general shall give a true and impartial state- 
ment of the purpose of the measure in plain, easily understood language 
and in such manner as shall not be an argument or likely to create preju- 
dice either for or against the measure. 

As enacted by Section 1, Chapter 22, Laws of 1963. 

44-213. Participation of other governmental units. When a joint 
county or regional library shall have been established, the legislative body 
of any government unit therein that is maintaining a library may decide, 
with the concurrence of the board of trustees of its library, to participate 
in the joint county or regional library; after which, beginning with the 
next fiscal year of the county, the governmental unit shall participate in 
the joint county or regional library and its residents shall be entitled to 
the benefits of the joint county or regional library, and property within 
its boundaries shall be subject to taxation for joint county or regional 
library purposes. A governmental unit participating in the joint county 
or regional library may retain title to its own property, continue its own 
board of library trustees, and may levy its own taxes for library purposes; 
or, by a majority vote of the qualified electors, a governmental unit may 
transfer, conditionally or otherwise, the ownership and control of its 
library, with all or any part of its property, to another governmental unit 
which is providing or will provide free library service in the territory of 
the former, and the trustees or body making the transfer shall thereafter 
be relieved of responsibility pertaining to the property transferred. The 
state board of education may contract with the government of any city 
or county, or the governments of both the city and the county, in which 
a unit of the university of Montana is located for the establishment and 

— 19- 



operation of joint library facilities. Any such contract which proposes 
the erection of a building shall be subject to the approval of the legisla- 
ture. Any joint library facilities established pursuant to this section 
shall be operated and supported as provided in such contract and under 
this chapter. 

As amended by Section 1, Chapter 249, Laws of 1963. 

75-1620. Expenses of election. All the expenses necessarily incurred 
in the matter of holding any and all elections for school trustees, extra 
levies, bonds, school sites, disposal of property, or any other election 
provided by law in any school district, high school building district, or 
county high school, shall be paid out of the general school funds of the 
district, or in the case of a high school building district, out of the high 
school general fund; or in the case of county high schools, out of the 
county high school general fund. In its discretion, the board of trustees 
may pay judges of any such election at a rate not to exceed one dollar 
($1) per hour of service in connection with any such election. 

As amended by Section 1, Chapter 104. Laws of 1963. 

75-1723. Fixing tax levy. The county superintendent of schools, as 
clerk of the school budget board, shall, when the board of county com- 
missioners meet on the second Monday in August for the purpose of 
fixing tax levies, lay before such board the elementary school budgets 
for all school districts in the county, as finally adopted and approved 
by the school budget board, and it shall be the duty of the county com- 
missioners of each county in the state to fix and levy a tax of five (5) 
mills on the dollar of the taxable value of all school districts within the 
county, provided that if a levy of less than five (5) mills will be sufficient 
to meet the approved budget of any school district, then such lesser levy 
shall be made, but no school district levying less than five (5) mills shall 
receive any apportionment from the state public school equalization fund. 

It shall further be the duty of the county commissioners of each 
county in the state to fix and levy a tax for each school district in the 
county within the limitations prescribed by this act in such number of 
mills as will produce the amount shown by the final budget to be raised 
by tax levy which may also include a reserve fund, not to exceed thirty- 
five per cent (35%) of the amount appropriated in the final and approved 
budget for the then current school year, for the purpose of maintaining 
the elementary and high school of the district from July 1 to November 
30 of the next succeeding j'ear; provided that such school district tax plus 
federal reimbursements in lieu of taxes shall not, unless approved by a 
vote of the taxpaying electors, exceed the rate of levy required to pro- 
duce an amount equal to the foundation program and the additions thereto, 
within the limitations of thirty per cent (30%), hereinbefore specified, and 
provided, further, that such last mentioned additional school district tax 
shall not, in any event, exceed fifteen (15) mills unless the excess above 
said fifteen (15) mill limitation shall first have been authorized at an 
election held in accordance with the general school laws pertaining to the 
voting of additional levies, save and except that in any district wherein 
more than fifteen (15) mills is required to reach the thirty per cent (30%) 



limit above the foundation program, such increase above the fifteen (15) 
mill limit may be financed by federal reimbursements in lieu of taxes 
without a vote of the taxpayers up to the thirty per cent (30%) limit above 
the foundation program. 

To finance the approved nonoperating budget of any school district 
in which no elementary school will be operated, the county commissioners 
shall fix and levy a tax for such school district in such number of mills 
as will produce the amount shown by the approved budget to be raised 
by tax levy, after deducting from the total amount to be financed the 
following: 

(1) any net nonoperating fund cash balance; provided, that when- 
ever a nonoperating district did not have a nonoperating fund the preced- 
ing year, the net cash balances in all of the regular funds of the district 
shall be combined to form a single balance which shall be called the non- 
operating fund cash balance; provided, further, that any district which 
operated at least one (1) school in the year immediately preceding the 
budget year may retain separately any cash balance previously desig- 
nated as its general fund cash reserve, if in the judgment of the trustees 
of such district the retention of such general fund cash reserve is essen- 
tial to the operation of a school anticipated for the year following the 
budget year, and any such retained cash reserve shall not be deducted 
from the total amount required for the nonoperating budget; 

(2) the amount of any transportation reimbursement anticipated from 
the county; 

(3) the amount of any transportation reimbursement anticipated from 
the state public school equalization fund; and 

(4) any miscellaneous revenues available to the district. The re- 
mainder of the nonoperating budget amount, after deduction of the above 
revenues, shall be financed by a tax levied on the taxable valuation of 
the property of the school district. 

As amended by Section 2, Chapter 182, Laws of 1963. See also amend- 
ment below. 

75-1723. Filing tax levy. The county superintendent of schools, as clerk 
of the school budget board, shall, when the board of county commissioners 
meet on the second Monday in August for the purpose of fixing tax levies, 
lay before such board the elementary school budgets for all school districts 
in the county, as finally adopted and approved by the school budget 
board. 

It shall further be the duty of the county commissioners of each county 
in the state to fix and levy a tax for each school district in the county 
within the limitations prescribed by this act in such number of mills as 
will produce the amount shown by the final budget to be raised by tax 
levy which may also include a reserve fund, not to exceed thirty-five per 
cent (35%) of the amount appropriated in the final and approved budget 
for the then current school year, for the purpose of maintaining the ele- 
mentary and high school of the district from July 1 to November 30 of 
the next succeeding year; provided that such school district tax plus 

—21 — 



federal reimbursements in lieu of taxes shall not, unless approved by a 
vote of the taxpaying electors, exceed the maximum budgets set forth 
in Section 75-1713.1, R.C.M. 1947. 

As amended by Section 2, Chapter 267, Laws of 1963. See also amend- 
ment above. 

75-1802. Classifications of districts — number of trustees. All dis- 
tricts having a population of eight thousand (8000) or more shall be 
districts of the first class. All districts having a population of one thou- 
sand (1000) or more, and less than eight thousand (8000) shall be dis- 
tricts of the second class, and all districts having a population of less 
than one thousand (1000) shall be districts of the third class. In dis- 
tricts of the first class the number of trustees shall be seven (7) ; in dis- 
tricts of the second class the number of trustees shall be five (5), and in 
districts of the third class the number of trustees shall be three (3). 

Whenever the population of any school district shall increase beyond 
or decrease below the number required as specified above for a certain 
class of school district, the county superintendent of schools shall declare 
such school district to be changed to the proper class. The county su- 
perintendent may compute the population by multiplying by three the 
number of school census children in the district. No school district shall 
be changed in classification more than once in any five (5) year period. 
The county superintendent of schools shall take the necessary steps to 
provide that at the next school election to elect the proper number of 
school trustees as designated above and to fill all vacancies due to any 
change of classification. Provided however that the provisions of this 
act shall not affect the terms of trustees heretofore elected. 

As amended by Section 1, Chapter 203, Laws of 1963. 

75-3801. District school taxes — election. 

(1) Whenever the board of trustees of any school district shall deem 
it necessary to raise money by taxation in excess of the levy required to 
meet its maximum budgets as specified in section 75-1713.1, for the pur- 
pose of maintaining the schools of said district, or building, altering, re- 
pairing or enlarging any school house or houses of such district, for 
furnishing additional school facilities for said district, or for any other 
purpose necessary for the proper operation and maintenance of the schools 
of said district, said board of trustees shall determine and fix the amount 
necessary and required for such purpose or purposes in addition to the 
maximum budgets hereinbefore provided for, and it shall submit the ques- 
tion of an additional levy to raise said excess amount to the qualified 
electors residing within the district who are taxpayers and whose names 
appear upon the last completed assessment roll of the county for state, 
county and school taxes, either at the regular annual election held in 
said district, or at a special election called for that purpose by the board 
of trustees of said district. Such election shall be called by resolution in 
the same manner as provided for other school elections, and shall be 
held prior to August first. 

(2) Whenever the board of trustees of any district or county high 
school shall deem it necessary to raise money by taxation in excess of the 

—22— 



levy required to meet its maximum budgets as specified in section 75-4518.1 
for the purpose of maintaining the high schools of said district or the 
county high school, or building, altering, repairing or enlarging any 
schoolhouse or houses of such district or county high school, for furnish- 
ing additional school facilities for said district, or county high school, or for 
any other purpose necessary for the proper operation and maintenance of the 
schools of said district, or county high school, said board of trustees shall 
determine and fix the amount necessary and required for such purpose or 
purposes in addition to any other legal levies on the district, including 
the approved addition to its foundation program hereinbefore provided 
for, and in the case of the district high school it shall submit the ques- 
tion of an additional levy to raise said amount to the qualified electors 
residing within the district who are taxpayers and whose names appear 
upon the last completed assessment roll of the county for state, county 
and school taxes, either at the regular annual election held in said dis- 
trict or at a special election called for that purpose by the board of trustees 
of said district. In the case of the county high school the board shall sub- 
mit the question of an additional levy to raise said amount to the quali- 
fied electors residing within the county, exclusive of those residing within 
any district maintaining a district high school in the county, who are tax- 
payers and whose names appear upon the last completed assessment roll 
of the county for state, county and school taxes, either at the regular 
annual elections held in said districts, or special elections called for that 
purpose by the board of trustees of said county high school. Such elec- 
tion shall be called by resolution in the same manner as provided for 
other school elections, and shall be held prior to August first; and pro- 
vided, further, that the provisions of this act shall not prevent the voting 
of a special levy on a high school district as provided for in chapter 130, 
Laws of, 1949 (75-4609). 

As amended by Section 12, Chapter 267, Laws of 1963. 

75-4120. Authority to abolish or to unify. Any county in which a 
county high school has been established may abolish such county high 
school or unify it with and make it a part of the public school system of the 
school district in which it is located and dispose of all property belonging 
thereto in the manner provided in this chapter. 

As amended by Section 1, Chapter 261, Laws of 1963. 

75-4121. Petition to be filed. Between the first day of July and the fir>t 
day of September in any year in which a general election is held in the 
state of Montana twenty per centum (20%) or more, of the qualified regis- 
tered electors of any county maintaining a county high school who are also 
assessed in their own names on the assessment books of the county for that 
year upon real or personal property may file their written petition with the 
county clerk of the county praying that the county high school be abolished 
or praying that the county high school be unified with and made a part of 
the public school system of the school district in which said county high 
school is located. 

As amended by Section 2, Chapter 261, Laws of 1963. 

—23— 



75-4122. Commissioners to submit question. At the first regular 
monthly meeting of the board of county commissioners of the county im- 
mediately following such filing the petition shall be called to the attention 
of the board by the county clerk; and the board shall immediately direct 
the submission of the question appearing in the petition to the registered 
voters of the county at the ensuing general election for that year. 

As amended by Section 3. Chapter 261, Laws of 1963. 

75-4123. Publication of notice and preparation of poll books. The 
county clerk of the county shall publish a notice of the filing 
and purpose of the said petition, which notice shall contain the question 
of either abolishing the county high school or of unifying the county high 
school with and making it a part of the public school system of the school 
district in which it is located. The notice shall also state that the said 
question will be submitted at the ensuing general election. The notice 
shall be published at least once a week for four successive weeks in some 
newspaper of general circulation published in the county, and, if there 
be none, in such newspaper as the board of county commissioners may 
designate, the first publication of such notice to be made between Sep- 
tember 1 and September 15 of the said year. The county clerk of said 
county shall prepare suitable poll books containing the names of all regis- 
tered electors at the expense of the county. 

As amended by Section 4, Chapter 261. Laws of 1963. 



75-4124. Further notice required — manner of holding elect on 
ballots. Further notice of the submission of the question shall be given 
and such question shall be submitted to the registered voters of the 
county at the ensuing general election in November, and the votes cast 
thereon canvassed and returns thereof made in the manner provided by 
law for the election of county officers at that election, subject, however, 
to the following special requirements: 

If the question is to abolish the county high school, the votes for or 
against abolishment of the county high school shall be cast by ballot in 
substantially the following form under A. But if the question is to unify 
the county high school and make it a part of the public school system of 
the school district in which the county high school is located, then a 
ballot similar to form B shall be used. 

A. Abolishment of county high school. 

□ For the abolishment of the county high school. 

□ Against the abolishment of the county high school. 

B. Unification of county high school. 

□ For the unification of the county high school. 

□ Against the unification of the county high school. 



An 
tion by 
the abo 



elector may vote for the question submitted to him for considera- 
y placing an "X" in the square immediately before the words "For 
olishment (or unification) of the county high school"; and a ballot 



-24— 



so marked and cast shall be counted in favor of abolishing (or unifying) 
the county high school. An elector may vote against the question sub- 
mitted to him for consideration by placing an "X" in the square imme- 
diately preceding the words "Against the abolishment (or unification) of 
the county high school"; and a ballot so marked and cast shall be counted 
against abolishing (or unifying) the county high school. 

As amended by Section 5, Chapter 261, Laws of 1963. 

75-4125. Action by board of county commissioners when election 
favors abolishing or unifying county high school. If a majority of all 
votes cast at such general election upon the question of the abolish- 
ment or the unification of the county high school with and making it a 
part of the public school system of the school district in which the county 
high school is located shall be in favor of abolishing or unifying the same 
the board of county commissioners of the county at its first regular meet- 
ing in December following the election shall make and enter at large upon 
its minutes an abstract of the votes so cast and a resolution that in ac- 
cordance therewith on and after July 1st of the year immediately follow- 
ing the county high school of the county shall be, and is thereby abolished, 
or, in case of unification, that the county high school shall be and is 
thereby unified with and made a part of the public school system of the 
school district in which the county high school is located, and that the 
board of trustees of said county high school shall be and is thereby dis- 
solved, and that its powers and duties shall be and are thereby assigned 
to the board of trustees of the school district with which the county high 
school was unified, provided, that the board of trustees of said school 
district shall have, and is hereby given the power and authority to pre- 
pare and adopt the preliminary high school budget for the ensuing fiscal 
year beginning on said July 1st. 

As amended by Section 6, Chapter 261, Laws of 1963. 

75-4126. When election favors retaining high school. But if a ma- 
jority of all votes cast at such election shall be against the abolish- 
ment, or the unification, of the county high school a similar abstract of 
the votes shall in like manner be entered by the board of county com- 
missioners at large upon their minutes at its December meeting afore- 
said; and no further submission of the question of abolishing or unifying 
the county high school shall be had in that county for at least two (2) 
years thereafter, provided that if an election against the abolishment of 
the county high school has been had within any county within two years 
prior to the enactment of this statute, that the question shall not again 
be resubmitted for at least two (2) years after the date that this act be- 
comes effective. 

As amended by Section 7, Chapter 261, Laws of 1963. 

75-4516.1. Levy of taxes. (1) Basic high school levy. On or before 
the first day of August in each year, the state superintendent of public 
instruction shall compute and determine the sum of money which, when 
added to the moneys available for the state equalization aid shall provide 

—25— 



seventy-five per cent (75%) of the maximum high school budgets for all 
high schools as set forth in sections 75-4518.1 and 75-3612, plus the amount 
of high school tuition. Such information shall be given to the state board 
of equalization who shall compute and determine the number of mills 
of a tax (herein called the basic high school tax) on the taxable value of 
all property within all the counties of the state which is calculated to 
produce the aforesaid sum of money. 

If a levy of less than the number of mills so determined is sufficient 
to provide the total foundation programs from the general fund budgets 
of all school districts within one or more counties, the state board of 
equalization shall recompute the basic high school tax to be levied in the 
remaining counties, excluding in the computations the amount of the 
foundation programs in the county or counties requiring a lesser levy, 
thus determining as the adjusted basic high school tax the number of 
mills required to produce the sum of money which, when added to all the 
moneys available for state equalization aid to be distributed to all high 
schools except those which as hereinafter provided are not entitled to 
apportionment of state equalization aid, shall equal the total of the foun- 
dation programs of all high schools except those not entitled to apportion- 
ment of state equalization aid. In no event shall the adjusted basic high 
school tax exceed fifteen (15) mills. 

In addition to the provisions for the support of the high schools here- 
inbefore provided, it shall be the duty of the board of county commis- 
sioners of each county in the state to levy on the taxable valuation of all 
taxable property in the county the number of mills determined by the 
board of equalization as the adjusted basic high school tax, except that 
the board in any county in which a levy of less than the number of mills 
so determined is sufficient to provide the total foundation programs from 
the general fund budgets for all high schools within the county shall levy 
such lesser number of mills. 

The levy in each county shall be made at the time and in the manner 
provided by law for the levying of taxes for county purposes, and the tax 
shall be collected by the county treasurer at the same time and in the 
same manner as state and county taxes are collected. 

No county levying less than the adjusted basic high school levy shall 
receive any apportionment of state equalization aid. 

(2) Additional high school levy. The county commissioners shall, if 
necessary, levy an additional tax in such number of mills on the taxable 
value of all taxable property within the county as shall be required to 
provide the foundation program for all school districts and county high 
schools within the county. The county superintendent shall apportion the 
proceeds of such additional tax levy to each school district and county 
high school within the county after apportionment of the basic special 
tax for high schools as provided in section 75-3618 and the state public 
school equalization funds as provided^ in section 75-3619. 

(3) Permissive high school levy. If the revenues for the operation 
and maintenance of any high school, including the amount apportionable 
from said basic special tax for high schools and the amount, if any, pro- 
duced by said additional high school tax, shall he less than the founda- 

—26— 



tion program of such high school and the approved additions thereto in- 
cluded in its budget, within the limitations hereinbefore specified, it shall 
be the further duty of the board of county commissioners to fix and levy 
a tax, in such number of mills as will produce the amount shown by the 
final budget to be raised by tax levy plus federal reimbursements in lieu 
of taxes, which tax shall, in the case of a county high school not located 
within a building district, be levied upon all property in the county, ex- 
cepting the property of any district supporting a district high school, and 
shall, in the case of a county high school located within a high school 
building district, be levied upon all property in such building district and 
which tax shall, in the case of a district high school not located within a 
building district, be levied upon all property within the school district, 
and shall, in the case of a district high school located within a building 
district, be levied upon all property in such building district, provided, 
however, that such last mentioned additional tax shall not, in any event, 
be used to raise funds in excess of the maximum budgets as specified in 
section 75-4518.1 when considered with all other sources of revenue, un- 
less approved by a vote of the taxpaying electors. 

As amended by Section 14, Chapter 267, Laws of 1963. 

75-4601. High school trustees may undertake public works program 
— additional trustees — division of taxable valuation — commencement of 
proceedings. In any county having a high school the board of trustees 
of the county high school, if there be one, and the boards of trustees of 
any school districts maintaining district high schools, are hereby desig- 
nated as the boards of trustees of the respective high school districts 
established under this act, provided that 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 the 
boards of the common school districts in the high school district so re- 
quest, such requests shall be directed to the county 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 number shall be seven (7), for a sec- 
ond 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 num- 
ber, shall be the number of additional board members to be elected; pro- 
vided, that the number of these additional board members shall not ex- 
ceed four (4) in districts of the first and second class or two (2) in dis- 
tricts of the third class. 

(a) Following the determination of the number of additional board 
members to be elected, the county superintendent of schools shall dis- 
trict the territory of the high school district, excluding the common school 
district wherein the high school is located, into a number of trustee nomi- 
nating districts equal to the number of additional board members to be 
elected, and each trustee nominating district so established shall be en- 
titled to one (1) member on the board of trustees of the high school. 

—27— 



The election of the additional trustees shall be held on the first Satur- 
day in April of every year to fill the expired terms of such additional 
trustees, and the term of office of such additional trustees after the first 
election of such trustees shall be for three (3) years. 

The additional trustees so elected shall be residents of the respective 
trustee nominating districts established by the county superintendent of 
schools, and shall meet the general qualifications for school district 
trustees provided by section 75-1601, Revised Codes of Montana, 1947. 

At the first election the additional trustees elected from the trustee 
nominating districts established by the county superintendent of schools, 
if there be more than one, shall cast lots to determine the length of time 
each shall hold office. If there is one (1) additional trustee, he shall hold 
office for three (3) years. If there are two (2) additional trustees, one 
shall hold office for three (3) years and one for two (2) 'years. If there 
are three (3) additional trustees, one shall hold office for three (3) years, 
one for two (2) years and one for one (1) year. If there are four (4) 
additional trustees, two shall hold office for three (3) years, one for two 
(2) years and one for one (1) year. 

The procedure for calling and holding elections, and for the assump- 
tion of office, for the school district wherein the high school is located 
shall govern the election of the additional trustees herein provided for. 

At least twenty (20) days preceding the election, any ten (10) electors 
of any trustee nominating district established as provided for in this act, 
who are qualified to vote in the election for such additional trustee, shall 
file with the district clerk of the school district wherein the high school 
is located the nomination of any qualified person to be a candidate for 
such trustee from such nominating district. Ballots for the election of 
such additional trustees shall be prepared in the same form and manner 
as ballots are prepared for other trustees, providing that such ballots for 
additional trustees shall show clearly the trustee nominating district from 
which each nominee is a candidate. 

Any qualified elector of any nominating district, excluding the district 
where the high school is located, may vote for the additional trustees so 
nominated, at the time and place of the annual election of school trustees 
in the common school district in which he is entitled to vote, provided 
that each elector may vote for no more than one such additional trustee 
from each trustee nominating district. 

A vacancy in the office of additional trustee shall be filled by ap- 
pointment by the county superintendent of schools; provided, that such 
appointment shall be subject to confirmation by a majority of the re- 
maining members of the high school district board including the addi- 
tional members. The trustee so appointed shall hold office until the next 
annual election, at which election there shall be elected a trustee from 
the same nominating district for the unexpired term. 

(b) The additional members elected to the board of trustees of dis- 
tricts maintaining high schools, shall take office immediatley after quali- 
fying and shall participate on an equal basis with other members in all 

-28— 



business transacted by the board of trustees pertaining to the high school 
maintained by said districts. Said additional elected members shall be 
entitled to vote on the selection of the district superintendent of schools. 

To effectuate the purpose of this act, the board of trustees of any high 
school district, as herein provided for, is hereby authorized to undertake 
a program of public works in the construction, improvement or repair of 
buildings, furnishing and equipping the same and purchasing the neces- 
sary 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 instru- 
mentalities 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 motion and without 
any petition being filed therefor, such proceedings may also be commenced 
on petition of thirty per cent (30%) of the qualified electors of the high 
school district. Upon presentation of this petition to the high school dis- 
trict 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 Section 1. Chapter 222, Laws of 1963. 

93-302. Number of judges. In each judicial district there must be the 
following number of judges of the district court, who must be elected by 
the qualified voters of the district, and whose term of office must be 
four (4) years, to wit: In the first, second, eleventh and sixteenth, two 
judges each, in the thirteenth, eighth and fourth, three judges, and, in 
all other districts, one judge each. 

On or before April 1, 1963, the governor of this state shall designate 
and appoint a judge of the fourth judicial district who shall hold office 
until the general election to be held during the year 1964, and until his 
successor is elected and qualified. 

As amended by Section 1, Chapter 229, Laws of 1963. 



—29 



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