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Full text of "Election laws of the State of Montana, 1970;"



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ELECTION LAWS 



OF THE 



STATE OF MONTANA 

1970 



Arranged and Compiled from the Revised 

Codes of Montana of 1947, 

as Amended 



Compiled by 

Frank Murray, Secretary of State 

Helena, Montana 



Published by Authority 



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S/324.2/S2e 

Montana, laws, Statues, etc. 
Election laws of the State of 
Montana. 1970. 



S'lHjchi^ijdi^iHlii 



kACNTAHA STATE UBR^RIf 
oTe -dole A»«nu. 

!.'°' ....n.or,o 59601 



ELECTION LAWS 

OF THE 

STATE OF MONTANA 

1970 



Arranged and Compiled from the Revised 

Codes of Montana of 1947, 

as Amended 



Compiled by 

Frank Murray, Secretary of State 

Helena, Montana 



Published by Authority 



Montana Slate Library 



3 0864 1004 2462 4 



Copyright © 1967, 1969 

The Allen Smith Company 

Indianapolis, Indiana 



Publishers of the 
REVISED CODES OF MONTANA, 1947 



U 



TABLE OF CONTENTS 



CONSTITUTION PAGE 

Article III. A Declaration of Rights of the People of the State of Montana . 1 

V. Legislative Departments 1 

VI. Apportionment and Representation 4 

VII. Executive Department 5 

VIII. Judicial Departments 6 

IX. Rights of Suffrage and Qualifications to Hold Office 8 

X. State Institutions and Public Buildings 10 

XI. Education 11 

XII. Revenue and Taxation 11 

XIII. Public Indebtedness 11 

XVI. Counties — Municipal Corporations and Offices 12 

XIX. Miscellaneous Subjects and Future Amendments 15 

TITLE 1. AERONAUTICS 

Chapter 8. Establishment of Airports by Counties and Cities — Municipal 

Airports Act 19 

TITLE 4. ALCOHOLIC BEVERAGES 

Chapter 1. State Liquor Control Act of Montana 21 

3. Montana Beer Act 22 

4. Montana Retail Liquor License Act 24 

TITLE 9. CEMETERIES 

Chapter 2. Public Cemetery District Act 27 

TITLE 11. CITIES AND TOWNS 

Chapter 2. Classification and Organization of Cities and Towns 32 

3. Changes in Classification of Cities and Towns 34 

4. Additions of Platted Tracts to Cities and Towns 34 

5. Alteration of Boundaries, Exclusion and Inclusion of Territory . 34 

7. Officers and Elections 38 

9. Powers of City and Town Councils 43 

10. Powers of City and Town Councils (continued) 45 

11. Ordinances — Initiative and Referendum 48 

12. Contracts and Franchises 53 

17. Municipal Courts 55 

20. Fire Protection in Unincorporated Towns — Fire Wardens, Com- 
panies and Districts 56 

22. Special Improvement Districts 58 

23. Municipal Bonds and Indebtedness 63 

24. Municipal Revenue Bond Act of 1939 67 

25. Abatement of Smoke Nuisance 68 

31. Commission Form of Government 70 

32. Commission-Manager Form of Government 85 

33. Commission-Manager Form of Government (continued) 103 

34. City and County Consolidated Government 104 

35. City and County Consolidated Government (continued) 112 

36. Metropolitan Sanitary Districts, Repealed — Section 14, Chapter 

185, Laws of 1957 119 

37. Off-Street Parking Facilities 119 

39. Urban Renewal Law 121 

TITLE 16. COUNTIES 

Chapter 3. Removal of County Seats 123 

4. Location of County Seats 126 

5. Creation of New Counties by Petition and Election 131 

8. General Powers and Limitations upon Counties 142 

10. General Powers and Duties of County Commissioners 143 

11. Special Powers and Duties of County Commissioners 143 

iii 



TABLE OF CONTENTS 

TITLE 16. COUNTIES— Continued PAGE 
12. County Printing Commission 143 

19. County Budget System 144 

20. County Finance — Bonds and Warrants 147 

23. Vote Necessary on Proposal to Raise Money 150 

24., County Officers — Qualifications — General Provisions 152 

39. County Manager Form of Government 154 

40. Abandonment of Counties 156 

43. Public Hospital Districts 162 

45. County Water and Sewer Districts 165 

TITLE 19. DEFINITIONS AND GENERAL PROVISIONS 

Chapter 1. Definitions and Construction of Terms — Holidays — Other General 

Provisions 178 

TITLE 23. ELECTIONS 

Chapter 1. Time of Holding Elections — Proclamations, Repealed — Section 

248, Chapter 368, Laws of 1969 182 

2. Publication of Questions Submitted to Popular Vote, Repealed — 

Section 248, Chapter 368, Laws of 1969 182 

3. Qualification and Privileges of Electors, Repealed — Section 248, 

Chapter 368, Laws of 1969 182 

4. Election Precincts, Repealed — Section 248, Chapter 368, Laws of 

1969 182 

5. Registration of Electors, Repealed — Section 248, Chapter 368, 

Laws of 1969 183 

6. Judges and Clerks of Elections, Repealed — Section 248, Chapter 

368, Laws of 1969 183 

7. Election Supplies, Repealed — Section 248, Chapter 368, Laws of 

1969 183 

8. Nomination of Candidates for Special Elections by Convention 

or Primary Meetings or by Electors, Repealed—Section 248, 
Chapter 368, Laws of 1969 183 

9. Party Nominatings by Direct Vote — The Direct Primary, Re- 

pealed — Section 11, Chapter 156, Laws of 1965; Section 
248, Chapter 368, Laws of 1969 184 

10. Political Parties, Repealed — Section 8, Chapter 266, Laws of 

1955; Section 11, Chapter 156, Laws of 1965; Section 248, 
Chapter 368, Laws of 1969 184 

11. Ballots, Preparation and Form, Repealed — Section 13, Chapter 

194, Laws of 1967; Section 248, Chapter 368, Laws of 1969 . 184 

12. Conducting Elections — The Polls — Voting and Ballots, Re- 

pealed—Section 248, Chapter 368, Laws of 1969 185 

13. Voting by Absent Electors, Repealed — Section 248, Chapter 368, 

Laws of 1969 185 

14. Voting by Absent Electors in United States Service, Repealed — 

Section 248. Chapter 368, Laws of 1969 185 

15. Registration of Electors Absent from County of Their Residence, 

Repealed— Section 248, Chapter 368, Laws of 1969 185 

16. Voting Machines — Conduct of Election When Used, Repealed — 

Section 248, Chapter 368, Laws of 1969 186 

17. Election Returns, Repealed — Section 248, Chapter 368, Laws of 

1969 186 

18. Canvass of Election Returns — Results and Certificates, Repealed — 

Section 13, Chapter 194, Laws of 1967; Section 248, Chapter 
368, Laws of 1969 186 

19. Failure of Elections — Proceedings on Tie Vote, Repealed — Sec- 

tion 248, Chapter 368, Laws of 1969 186 

20. Nonpartisan Nomination and Election of Judges of Supreme 

Court and District Courts, Repealed — Section 3, Chapter 20, 
Laws of 1959; Section 248, Chapter 368, Laws of 1969 187 

21. Presidential Electors, How Chosen — Duties, Repealed — Section 

248, Chapter 368, Laws of 1969 187 

22. Members of Congress — Elections and Vacancies, Repealed — Sec- 

tion 248, Chapter 368, Laws of 1969 187 

23. Recount of Ballots — Results, Repealed — Section 248, Chapter 

368, Laws of 1969 187 

iv 



TABLE OF CONTENTS 

TITLE 23. ELECTIONS— Continued PAGE 

24. Conventions to Ratify Proposed Amendments to Constitution of 

the United States, Repealed — Section 248, Chapter 368, Laws 

of 1969 187 

25. Electronic Voting Systems, Repealed — Section 248, Chapter 368, 

Laws of 1969 188 

26. Definitions and General Provisions 188 

27. Qualifications and Privileges of Electors 190 

28. Publication of Questions Submitted to Popular Vote 192 

29. Proclamations and Publications 193 

30. Registration of Electors 194 

31. Election Precincts 204 

32. Judges and Clerks of Elections 205 

33. Primary Elections and Nominations by Certificate 208 

34. Political Parties, Committeemen and Committees 220 

35. Election Supplies and Ballots 223 

36. Conduct of Elections— The Polls— Voting and Ballots 229 

37. Absentee Voting and Registration 235 

38. Voting Machines 243 

39. Electronic Voting Systems 250 

40. Canvass of Votes — Returns and Certificates 2.54 

41. Recounts 260 

42. Contests of Bond Elections 269 

43. Presidential Electors 270 

44. Members of Congress — Elections and Vacancies 271 

45. Nonpartisan Nomination and Election of Judges 272 

46. Conventions to Ratify Amendments to Constitution of the United 

States 275 

TITLE 32. HIGHWAYS, BRIDGES AND FERRIES 

Chapter 29. Board of County Commissioners Responsibility for Bridges and 

Ferries 279 

36. County Tax Levies for Road and Bridges Construction 279 

TITLE 37. INITIATIVE AND REFERENDUM 

Chapter 1. Initiative and Referendum 280 

TITLE 43. LEGISLATURE AND ENACTMENT OF LAWS 

Chapter 1. Senatorial, Representative and Congressional Districts 289 

2. The Legislative Assembly — Its Composition, Organization, Offi- 
cers and Employees 291 

TITLE 44. LIBRARIES 

Chapter 2. County and Regional Free Libraries 295 

TITLE 62. PARKS AND PUBLIC RECREATION 

Chapter 2. City, Town and School District Civic Centers, Parks and Recrea- 
tional Facilities 297 

TITLE 75. SCHOOLS 

Chapter 13. The Public Schools — Superintendent of Public Instruction 297 

15. County Superintendent of Schools 298 

16. School Trustees 300 

17. Budget System 306 

18. School Districts 308 

31. Schoolhouse Sites and Construction 315 

34. Transportation of Pupils 316 

37. Finance 317 

38. Extra Taxation for School Purposes 317 

39. Bonds 321 

41. High School — County — Junior and District — Joint School 

Systems 328 

42. High Schools — County — Junior and District — Joint School Sys- 

tems Continued — Vocational Education 336 

44. Community College Districts 339 

45. Higli School Budget Act 348 

46. High School Districts— Public Works 349 

V 



TABLE OF CONTENTS 

TITLE 82. STATE OFFICEES, BOARDS AND DEPARTMENTS PAGE 
Chapter 5. Clerk of Supreme Court 354 

TITLE 84. TAXATION 

Chapter 47. Cities and Towns— Taxation and License 355 

TITLE 89. WATERS AND IRRIGATION 

Chapter 13. Irrigation Districts — Board of Commissioners, Powers, Duties 

and Elections 357 

23. Drainage Districts — Commissioners — Election — Organization — 

Reports 362 

33. County and Municipal Participation in Flood Control and Water 

Conservation 365 

34. Conservancy Districts 366 

TITLE 93. CIVIL PROCEDURE 

Chapter 2. Supreme Court 374 

3. District Courts 375 

4. Justices' and Police Courts 377 

TITLE 94. CRIMES AND CRIMINAL PROCEDURE 

Chapter 14. Election Frauds and Offenses — Corrupt Practices Act 378 



INDEX 407 



VI 



CONSTITUTION 



ARTICLE III 

A DECLARATION OF RIGHTS OF THE PEOPLE OF THE STATE OF MONTANA 

Section 2. The people of the state have the sole and exclusive right of 
governing themselves, as a free, sovereign, and independent state, and to 
alter and abolish their constitution and form of government, whenever they 
may deem it necessary to their safety and happiness, provided such change 
be not repugnant to the constitution of the United States. 

Section 5. All elections shall be free and open, and no power, civil or 
military, shall at any time interfere to prevent the free exercise of the right 
of suffrage. 

ARTICLE V 

LEGISLATIVE DEPARTMENT 

Section 1. The legislative authority of the state shall be vested in a 
legislative assembly, consisting of a senate and house of representatives ; 
but the people reserve to themselves power to propose laws, and to enact or 
reject the same at the polls, except as to laws relating to appropriations of 
money, and except as to laws for the submission of constitutional amend- 
ments, and except as to local or special laws, as enumerated in article V, 
section 26, of this constitution, independent of the legislative assembly; 
and also reserve power, at their own option, to approve or reject at the 
polls, any act of the legislative assembly, except as to laws necessary for 
the immediate preservation of the public peace, health, or safety, and ex- 
cept as to laws relating to appropriations of money, and except as to laws 
for the submission of constitutional amendments, and except as to local or 
special laws, as enumerated in article V, section 26, of this constitution. 
The first power reserved by the people is the initiative and eight per cent, 
of the legal voters of the state shall be required to propose any measure 
by petition ; provided, that two-fifths of the whole number of the coun- 
ties of the state must each furnish as signers of said petition eight per 
cent, of the legal voters in such county, and every such petition shall 
include the full text of the measure so proposed. Initiative petitions 
shall be filed with the secretary of state, not less than four months be- 
fore the election at which they are to be voted upon. 

The second power is the referendum, and it may be ordered either by 
petition signed by five per cent, of the legal voters of the state, pro- 
vided that two-fifths of the whole number of the counties of the state 
must each furnish as signers of said petition five per cent, of the legal 
voters in such county, or, by the legislative assembly as other bills are 
enacted. 

Referendum petitions shall be filed with the secretary of state, not 
later than six months after the final adjournment of the session of the 
legislative assembly which passed the bill on which the referendum is 



Art. V, § 2 election laws 

demanded. The veto power of the governor shall not extend to meas- 
ures referred to the people by the legislative assembly or by initiative 
referendum petitions. 

All elections on measures referred to the people of the state shall be 
had at the biennial regular general election, except when the legislative 
assembly, by a majority vote, shall order a special election. Any meas- 
ure referred to the people shall still be in full force and effect unless 
such petition be signed by fifteen per cent, of the legal voters of a ma- 
jority of the whole number of the counties of the state, in which case 
the law shall be inoperative until such time as it shall be passed upon 
at an election, and the result has been determined and declared as pro- 
vided by law. The whole number of votes cast for governor at the 
regular election last preceding the filing of any petition for the initia- 
tive or referendum shall be the basis on which the number of legal 
petitions and orders for the initiative and for the referendum shall be 
filed with the secretary of state ; and in submitting the same to the 
people, he, and all other officers, shall be guided by the general laws 
and the act submitting this amendment, until legislation shall be espe- 
cially provided therefor. The enacting clause of every law originated by 
the initiative shall be as follows: 

"Be it enacted by the people of Montana," 

This section shall not be construed to deprive any member of the 
legislative assembly of the right to introduce any measure. (As amend- 
ed by Ch. 61, Laws 1905, effective December 7, 1906.) 

Section 2. Senators shall be elected for the term of four years, and 
representatives for the term of two years, except as otherwise provided 
in this constitution. 

Section 3. No person shall be a representative who shall not have 
attained the age of twenty-one years, or a senator who shall not have 
attained the age of twenty-four years, and who shall not be a citizen of 
the United States, and who shall not (for at least twelve months next 
preceding his election) have resided within the county or district in 
which he shall be elected. 

Sec. 4. 

Repeal states that "there shall be no more than 

This section was repealed by Ch. 273, one senator from each county" is void and 

Laws 1965, adopted at the general elec- unconstitutional in that it violates the 

tion of November 8, 1966, effective under equal protection clause of the fourteenth 

governor's proclamation, December 6, 1966. amendment of the constitution of the 

United States. Herweg v. Thirty Ninth 

Ck>n8tltutlonallty Legislative Assembly of State of Mon- 

The portion of this provision which tana, 246 F Supp 454. 

Section 9. The senate shall, at the beginning and close of each regular 
session, and at such other times as may be necessary, elect one of its mem- 
bers president pro tempore. The house of representatives shall elect one of 
its members speaker. Each house shall choose its other officers, and shall 
judge of the elections, returns, and qualifications of its members. 



CONSTITUTION OF MONTANA ART. V, § 46 

Section 26. The legislative assembly shall uot pass local or special laws 
in any of the following enumerated cases, that is to say : For granting 
divorces; laying out, opening, altering or working roads or highways; va- 
I'atiug roads, town plats, streets, alleys or public grounds; locating or chang- 
ing county seats; regulating county or township affairs; regulating the 
practice in courts of justice; regulating the jurisdiction and duties of jus- 
tices of the peace, police magistrates or constables; changing the rules of 
evidence in any trial or inquiry; providing for changes of venue in civil 
or criminal cases; declaring any person of age; for limitation of civil ac- 
tions, or giving effect to informal or invalid deeds; summoning or im- 
paneling grand or petit juries; providing for the management of com- 
mon schools; regulating the rate of interest on money; the opening or 
conducting of any election or designating the place of voting; the sale 
or mortgage of real estate belonging to minors or others under disabil- 
ity; chartering or licensing ferries or bridges or toll roads; chartering 
banks, insurance companies and loan and trust companies; remitting 
fines, penalties or forfeitures; creating, increasing or decreasing fees, per- 
centages or allowances of public officers; changing the law of descent; 
granting to any corporation, association or individual the right to lay 
down railroad tracks, or any special or exclusive privilege, immunity or 
franchise whatever; for the punishment of crimes; changing tlie names 
of persons or places ; for the assessment or collection of taxes ; affecting 
estates of deceased persons, minors or others under legal disabilities; ex- 
tending the time for the collection of taxes; refunding money paid into 
the state treasury ; relinquishing or extinguishing in whole or in part the 
indebtedness, liability or obligation of any corporation or person to this 
state, or to any municipal corporation therein; exempting property from 
taxation; restoring to citizenship persons convicted of infamous crimes; 
authorizing the creation, extension or impairing of liens; creating offices, 
or prescribing the powers or duties of oflScers in counties, cities, township 
or school districts ; or authorizing the adoption or legitimation of children. 
In all other cases where a general law can be made applicable, no special 
law shall be enacted. 

Sec. 45. 

Repeal of November 8, 1966, effective under gov- 

This section was repealed by Ch. 273, ernor's proclamatii)n, December 6, 1966. 
Laws 1965, adopted at the general election 

Sec. 46. The legislative assembly in order to insure continuity of state 
and local governmental operations in a period of emergency resulting from 
a disaster caused by enemy attack may enact laws : 

(1) To provide for prompt and temporary succession to the powers 
and duties of elected and appointed public officers who are killed or 
incapacitated. 

(2) To adopt other measures that may be necessary to insure the 
continuity of governmental operations. 

Such laws shall be effective only during the emergency that affects a 
particular office or governmental operation, and such laws may deviate 



Art. VI, § 1 ELECTION laws 

from other provisions of the Montana constitution, including but not 
limited to the following sections : 

(1) Section 3, Article X, seat of state government. 

(2) Section 2, Article XVI, seat of county governments. 

(3) Section 16, Article VII, succession to governor. 

(4) Section 4, Article XVI, vacancy on board of county commissioners. 

(5) Section 6, Article XVI, other vacancies in county government. 

(6) Section 45, Article V, vacancies in legislative assembly. 

(7) Section 11, Article VII, special legislative sessions. 

(8) Section 5, Article V, length of legislative session. 

(9) Section 10, Article V, quorum to do business in each house. 

(10) Section 6, Article XIX, location of county offices. 

(11) Section 1, Article VII, duties of executive officers of state. 

(12) Section 7, Article VII, appointments by governor. 

Compiler's Notes the general election of November 8, 1966, 

This constitutes the new section added effective under governor's proclamation, 

to the constitution by act approved March December 6, 1966. 

9, 1965 (Ch. 243, Laws 1965), adopted at 

ARTICLE VI 

APPORTIONMENT AND REPRESENTATION 

Section 1. One representative in the congress of the United States 
shall be elected from the state at large, the first Tuesday in October, 
1889, and thereafter at such times and places, and in such manner as 
may be prescribed by law. When a new appointment shall be made 
by congress the legislative assembly shall divide the state into congressional 
districts accordingly. 

See. 2. (1) The senate and house of representatives of the legislative 
assembly each shall be apportioned on the basis of population. 

(2) The legislative assembly following each census made by the 
authority of the United States, shall revise and adjust the apportionment 
for representatives and senators on the basis of such census. 

(3) At such time as the constitution of the United States is amended 
or interpreted to permit apportionment of one house of a state legisla- 
tive assembly on factors other than population, the senate of the legis- 
lative assembly shall be apportioned on the basis of one senator for each 
county. 

Compiler's Notes effective under governor's proclamation, 

This constitutes sec. 2 of article VI as December 6, 1966. The amendment added 

amended by act approved March 9, 1965 paragraphs (1) and (3) and eliminated 

(Ch. 273, Laws 1965), adopted at the a provision for a state census, 
general election of November 8, 1966, 

Sec. 3. Senatorial and representative districts may be altered from time 
to time as public convenience may require. When a senatorial or repre- 
sentative district shall be composed of two or more counties, they shall be 
contiguous, and the districts as compact as may be. 



CONSTITUTION OF MONTANA 



Art. VII, § 3 



Compiler's Notes 

This constitutes sec. 3 of article VI as 
amended by act approved March 9, 1965 
(Ch. 273, Laws 1965), adopted at the 
general election of November 8, 1966, 
efifective under governor's proclamation, 

Sees. 4 to 6. 

Repeal 

These sections were repealed by Ch. 
273, Laws 1965, adopted at the general 
election of November 8, 1966, effective 
under governor's proclamation, December 
6, 1966. 



December 6, 1966. The amendment made 
the section applicable to senatorial dis- 
tricts and eliminated a provision pro- 
hibiting the division of counties in the 
formation of representative districts. 



Constitutionality 

Sections 4 and 5 are void and uncon- 
stitutional in that they violate the equal 
protection clause of the fourteenth amend- 
ment of the constitution of the United 
States. Herweg v. Thirty Ninth Legisla- 
tive Assembly of State of Montana, 246 
F Supp 454. 



ARTICLE Vn 

EXECUTIVE DEPARTMENT 

Section 1. The executive department shall consist of a governor, lieu- 
tenant-governor, secretary of state, attorney general, state treasurer, state 
auditor and superintendent of public instruction, each of whom shall hold 
his office for four years, or until his successor is elected and qualified, be- 
ginning on the first Monday of January next succeeding his election, except 
that the terms of office of those who are elected at the first election, shall 
begin when the state shall be admitted into the Union, and shall end on 
the first Monday of January, A. D, 1893. The officers of the executive de- 
partment, excepting the lieutenant-governor, shall during their terms of 
office reside at the seat of government, where they shall keep the public 
records, books and papers. They shall perform such duties as are prescribed 
in this constitution and by the laws of the state. The state treasurer shall 
not be eligible to his office for the succeeding term. 
Cross-Beferences 

Section 46, Article V would permit 
deviation from this section under emer- 
gency conditions. 

Section 2. The officers provided for in section 1 of this article, shall be 
elected by the qualified electors of the state at the time and place of voting 
for members of the legislative assembly, and the persons respectively, having 
the highest number of votes for the office voted for shall be elected ; but if 
two or more shall have an equal and the highest number of votes for any 
one of said offices, the two houses of the legislative assembly, at its next 
regular session, shall forthwith by joint ballot, elect one of such persons for 
said office. The returns of election for the officers named in section 1 shall 
be made in such manner as may be prescribed by law, and all contested elec- 
tions of the same, other than provided for in this section, shall be deter- 
mined as may be prescribed by law. 

Section 3. No person shall be eligible to the office of governor, lieuten- 
ant-governor, or superintendent of public instruction, unless he shall have 



ABT. VIII, § 6 ELECTION LAWS 

attained the age of thirty years at the time of his election, nor to the office 
of secretary of state, state auditor, or state treasurer, unless he shall have 
attained the age of twenty-five years, nor to the office of attorney general 
unless he shall have attained the age of thirty years, and have been ad- 
mitted to practice in the supreme court of the state, or territory of Mon- 
tana, and be in good standing at the time of his election. In addition to the 
qualifications above prescribed, each of the officers named shall be a citizen 
of the United States, and have resided within the state or territory two 
years next preceding his election. 

ARTICLE VIII 

JUDICIAL DEPAETMENT8 

SUPREME COURT 

Section 6. The justices of the supreme court shall be elected by the 
electors of the state at large, as hereinafter provided. 

Section 7. The term of office of the justices of the supreme court, ex- 
cept as in this constitution otherwise provided, shall be six years. 

Section 8. There shall be elected at the first general election, provided 
for by this constitution, one chief justice and two associate justices of the 
supreme court. At said first election the chief justice shall be elected to 
hold his office until the general election in the year one thousand eight 
hundred ninety -two (1892), and one of the associate justices to hold office 
until the general election in the year one thousand eight hundred ninety- 
four (1894), and the other associate justice to hold his office until the gen- 
eral election in the year one thousand eight hundred ninety -six (1896), and 
each shall hold until his successor is elected and qualified. The terms of 
office of said justices, and which one shall be chief justice, shall at the first 
and all subsequent elections be designated by ballot. After said first elec- 
tion one chief justice or one associate justice shall be elected at the general 
election every two years, commencing in the year one thousand eight hun- 
dred ninety-two (1892), and if the legislative assembly shall increase the 
number of justices to five, the first terms of office of such additional justices 
shall be fixed by law in such manner that at least one of the five justices 
shall be elected every two years. The chief justice shall preside at all sessions 
of the supreme court, and in case of his absence, the associate justice having 
the shortest term to serve shall preside in his stead. 

Section 9. There shall be a clerk of the supreme court, who shall hold 
his office for the term of six years, except that the clerk first elected shall 
hold his office only until the general election in the year one thousand 
eight hundred ninety-two (1892), and until his successor is elected and 
qualified. He shall be elected by the electors at large of the state, and his 
compensation shall be fixed by law, and his duties prescribed by law, and 
by the rules of the supreme court. 

Section 10. No person shall be eligible to the office of justice of the 
supreme court, unless he shall have been admitted to practice law in the 

6 



CONSTITUTION OF MONTANA ART. VIII, § 19 

supreme court of the territory or state of Montana, be at least thirty years 
of age, and a citizen of the United States, nor unless he shall have resided 
in said territory or state at least two years next preceding his election. 

DI8TEICT C0UBT8 

Section 12. The state shall be divided into judicial districts, in each of 
which there shall be elected by the electors thereof one judge of the district 
court, whose term of office shall be four years, except that the district 
judges first elected shall hold their offices only until the general election 
in the year one thousand eight hundred and ninety -two (1892), and until 
their successors are elected and qualified. Any judge of the district court 
may hold court for any other district judge, and shall do so when required 
by law. 

Section 13. Until otherwise provided by law judicial districts of the 
state shall be constituted as follows: First district, Lewis and Clark coun- 
ty; second district. Silver Bow county; third district, Deer Lodge county; 
fourth district, Missoula county; fifth district, Beaverhead, Jefferson and 
Madison counties; sixth district, Gallatin, Park and Meagher counties; 
seventh district, Yellowstone, Custer and Dawson counties; eighth dis- 
trict, Choteau, Cascade and Fergus counties. 

Section 16. No person shall be eligible to the office of judge of the 
district court unless he be at least twenty-five years of age and a citizen 
of the United States, and shall have been admitted to practice law in the 
supreme court of the territory or state of Montana, nor unless he shall 
have resided in this state or territory at least one year next preceding his 
election. He need not be a resident of the district for which he is 
elected at the time of his election, but after his election he shall reside in 
the district for which he is elected during his term of office. 

Section 18. There shall be a clerk of the district court in each county, 
who shall be elected by the electors of his county. The clerk shall be 
elected at the same time and for the same term as the district judge. The 
duties and compensation of the said clerk shall be as provided by law. 



COUNTY ATT0ENEY8 

See. 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 successors 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 he shall perform such duties as may be required 
by law. 



AET, VIII, § 20 EXECTION LAWS 

Compiler's Note This amendment increased the county at- 

This constitutes sec. 19 of article VIII torneys' term of office from two to four 

as amended by act approved March 6, years and eliminated a provision applica- 

1961 (Ch. 164," Laws 1961), adopted at ble only to the first county attorneys 

the general election of November, 1962. elected under the constitution. 

JUSTICES or THE PEACE 

Section 20. There shall be elected in each organized township of each 
county by the electors of such township at least two justices of the peace, 
who shall hold their offices, except as otherwise provided in this constitu- 
tion, for the term of two years. Justices' courts shall have such original 
jurisdiction within their respective counties as may be prescribed by law, 
except as in this constitution otherwise provided ; provided, that they 
shall not have jurisdiction in any case where the debt, damage, claim or 
value of the property involved exceeds the sum of three hundred dollars. 

I^roposed Repeal repeal of sections 20 to 24. Approved 

Section 5, Ch. 121, Laws 1961, proposed March 2, 1961. 

MISCELLANEOUS PROVISIONS 
Section 34. Vacancies in the office of justice of the supreme court, or 
judge of the district court, or clerk of the supreme court, shall be filled by 
appointment, by the governor of the state, and vacancies in the offices of 
county attorney, clerk of the district court, and justices of the peace, shall 
be filled by appointment, by the board of county commissioners of the 
county where such vacancy occurs. A person appointed to fill any such 
vacancy shall hold his office until the next general election and until his 
successor is elected and qualified. A person elected to fill a vacancy shall 
hold office until the expiration of the term for which the person he suc- 
ceeds was elected. 

ARTICLE IX 
EIGHTS OF SUETRAGE AND QUALIFICATIONS TO HOLD OFFICE 

Section 1. AH elections by the people shall be by ballot. 

Section 2. Every person of the age of twenty-one years or over, 
possessing the following qualifications, shall be entitled to vote at all 
general elections and for all officers that now are, or hereafter may be, 
elective by the people, and, except as hereinafter provided, upon all 
questions which may be submitted to the vote of the people or electors: 
First, he shall be a citizen of the United States; second, he shall have re- 
sided in this state one year immediately preceding the election at which he 
offers to vote, and in the town, county or precinct such time as may be 
prescribed by law. If the question submitted concerns the creation of any 
levy, debt or liability the person, in addition to possessing the qualifi(3ations 
above mentioned, must also be a taxpayer whose name appears upon the 
last preceding completed assessment roll, in order to entitle him to vote 
upon such question. Provided, first, that no person convicted of felony 
shall have the right to vote unless he has been pardoned or restored to 

8 



CONSTITUTION OF MONTANA ART. IX, § 8 

citizenship by the governor: provided, second, that nothing herein con- 
tained shall be construed to deprive ai\y person of the right to vote who 
has such right at the time of the adoption of this constitution; provided, 
that after the expiration of five years from the time of the adoption of this 
constitution, no person except citizens of the United States shall have the 
right to vote. (As amended by Ch. 101, Laws 1931, effective December 9, 
1932.) 

Proposed Amendment debt or liability the person, in addition to 

possessing the cjualifications above men- 
Chapter 14, Laws 1969, proposes to tioned, must also be a taxpayer whose 
amend this section to read as follows: „.^,^^e appears upon the last preceding 
"Section 2 Every person of the age of completed assessment roll, in order to en- 
nineteen (19) years or over, possessnig ^j^,^ ^^.^^^ ^^ ^^^^ ^^^^ question. Pro- 
the following qua l.hcations, sluill be en- ^j^^^, ^ ^^^^ ^^^ ^^^^^ convicted of 
titled to vote at all general elections and ^^^ ^j^^„ ^^^^ ^^e right to vote unless 
for all officers that now are, or hereafter j^^ ^^^^ ,,^p,^ pardoned or restored to citi- 
may be, elective by the people, and, except ^^^ghip by the governor: provided, see- 
as hereinafter provided, upon all questions ^^^ ^^^^ nothing herein contained shall 
which may be submitted to the vote of ,^^ construed to deprive anv person of the 
the people or electors. First, he shall be ^-^^ ^^ ^^^^ ^^^ ^^^ ^^-^ ^ight at the 
a citizen of the United States: second, he ^.^^ ^^ ^^^ adoption of this constitution; 
shall have resided in this state one year ^^^ijed, that after the expiration of five 
immediately preceding the election at ^^^^^ f^^,^^ ^^^ ^-^^ ^j ^^e adoption of 
which he offers to vote and m the town, -j^j^ constitution, no person except citi- 
county or precinct such time as may be ^^^^ ^f ^,^^ ^:,^ij^^ S^^^^3 ^hall have the 
prescribed by law. It the question sub- rieht to vote " 
mitted concerns tlie creation of any levy. 



Section 3. For the purpose of voting no person shall be deemed to have 
gained or lost a residence by reason of his presence or absence while em- 
ployed in the service of the state, or of the United States, nor while engaged 
in the navigation of the waters of the state, or of the United States, nor 
while a student at any institution of learning, nor while kept at any alms- 
house or other asylum at the public expense, nor while confined in any 
public prison. 

Section 4. Electors shall in all cases, except treason, felony or breach 
of peace, be privileged from arrest during their attendance at elections 
and in going to and returning therefrom. 

Section 5. No elector shall be obliged to perform military duty on the 
days of election, except in time of war or public danger. 

Section 6. No soldier, seaman or marine in the army or navy of the 
United States shall be deemed a resident of this state in consequence of 
being stationed at any military or naval place within the same. 

Section 7. No person shall be elected or appointed to any office in this 
state, civil or military, who is not a citizen of the United States, and who 
shall not have resided in this state at least one year next before his elec- 
tion or appointment. 

Section 8. No idiot or insane person shall be entitled to vote at any 
election in this state. 



Art. IX, § 9 election laws 

Section 9. The legislative assembly shall have the power to pass a 
registration and such other laws as may be necessary to secure the purity 
of elections and guard against abuses of the elective franchise. 

Section 10. All persons possessing the qualifications for suffrage pre- 
scribed by Section 2 of this article as amended and such other qualifi- 
cations as the legislative assembly may by law prescribe, shall be eligible 
to hold the office of county superintendent of schools or any other school 
district office. (As amended by Ch. 97, Laws 1923, effective December 9, 
1924.) 

Section 11. Any person qualified to vote at general elections and for 
state officers in this state, shall be eligible to any office therein except as 
otherwise provided in this constitution, and subject to such additional quali- 
fications as may be prescribed by the legislative assembly for city offices 
and offices hereafter created. 

Section 12. Upon all questions submitted to the vote of the taxpayers 
of the state, or any political division thereof, women who are taxpayers and 
possessed of the qualifications for the right of suffrage required of men by 
this constitution, shall equally with men have the right to vote. 

Section 13. In all elections held by the people under this constitution, 
the person or persons who shall receive the highest number of legal votes 
shall be declared elected. 



ARTICLE X 
STATE INSTITUTIONS AND PUBLIC BUILDINGS 

Section 2. At the general election in the year one thousand eight hun- 
dred and ninety-two, the question of permanent location of the seat of gov- 
ernment is hereby provided to be submitted to the qualified electors of the 
state, and the majority of all the votes upon said question shall determine 
the location thereof. In case there shall be no choice of location at said 
election, the question of choice between the two places for which the highest 
number of votes shall have been cast shall be, and is hereby, submitted in 
like manner to the qualified electors at the next general election thereafter; 
provided, that until the seat of government shall have been permanently 
located the temporary seat of government shall be and remain at the city 
of Helena. 

Section 3. When the seat of government shall have been located as 
herein provided the location thereof shall not thereafter be changed, except 
by a vote of two-thirds of all the qualified electors of' the state voting on 
that question at a general election at which the question of the location of 

10 



CONSTITUTION OF MONTANA ART. XIII, § 2 

the seat of government shall have been submitted by the legislative as- 
sembly. 

Cross-References 

Section 46, Article V would permit 
deviation from this section under emer- 
gency conditions. 

ARTICLE XI 

EDUCATION 

Section 10. The legislative assembly shall provide that all elections for 
school district officers shall be separate from those elections at which state 
or county officers are voted for. 

ARTICLE XII 

REVENUE AND TAXATION 

Section 9. The rate of taxation on real and personal property for state 
purposes, except as hereinafter provided, shall never exceed two and one- 
half mills on each dollar of valuation ; and whenever the taxable property of 
the state shall amount to six hundred million dollars ($600,000,000.00) the 
rate shall never exceed two (2) mills on each dollar of valuation, unless the 
proposition to increase such rate, specifying the rate proposed and the time 
during which the rate shall be levied shall have been submitted to the 
people at the general election and shall have received a majority of all 
votes cast for and against it at such election; provided, that in addition to 
the levy for state purposes above provided for, a special levy in addition 
may be made on live stock for the purpose of paying bounties on wild 
animals and for stock inspection, protection and indemnity purposes, as 
may be prescribed by law, and such special levy shall be made and levied 
annually in amount not exceeding four mills on the dollar by the state 
board of equalization, as may be provided by law. (As amended by Ch. 4, 
Laws 1909, effective December 6, 1910.) 



ARTICLE Xm 
PUBLIC INDEBTEDNESS 

Section 2. The legislative assembly shall not in any manner create 
any debt except by law which shall be irrepealable until the indebtedness 
therein provided for shall have been fully paid or discharged; such law 
shall specify the purpose to which the funds so raised shall be applied and 
provide for the levy of a tax sufficient to pay the interest on, and extin- 
guish the principal of such debt within the time limited by such law for 
the payment thereof; but no debt or liability shall be created which shall 
singly, or in the aggregate with any existing debt or liability, exceed the 
sum of one hundred thousand dollars ($100,000) except in case of war, to 
repel invasion or suppress insurrection, unless the law authorizing the 

11 



Art. XIII, § 5 election laws 

same shall have been submitted to the people at a general election and shall 
have received a majority of the votes cast for and against it at such election. 

Section 5. No county shall be allowed to become indebted in any man- 
ner, or for any purpose, to an amount, including existing indebtedness, in 
the aggregate, exceeding five (5) per centum of the value of the taxable 
property therein, to be ascertained by the last assessment for state and 
county taxes previous to the incurring of such indebtedness, and all bonds 
or obligations in excess of such amount given by or on behalf of such county 
shall be void. No county shall incur any indebtedness or liability for any 
single purpose to an amount exceeding ten thousand dollars ($10,000) 
without the approval of a majority of the electors thereof, voting at an 
election to be provided by law. 

Section 6. No city, town, township, school district or high school dis- 
trict shall be allowed to become indebted in any manner or for any purpose 
to an amount, including existing indebtedness, in the aggregate exceeding 
five per centum (5%) of the value of the taxable property therein, to be as- 
certained by the last assessment for state and county taxes previous to 
the incurring of such indebtedness, and aU bonds or obligations in excess 
of such amount given by or on behalf of such city, town, township, school 
district or high school district shall be void; and each school district and 
each high school district shall have separate and independent bonding 
capacities within the limitation of this section ; provided, however, that the 
legislative assembly may extend the limit mentioned in this section, by 
authorizing municipal corporations to submit the question to a vote of the 
taxpayers affected thereby, when such increase is necessary to construct a 
sewerage system or to procure a supply of water for such municipality which 
shall own and control said water supply and devote the revenues derived 
therefrom to the payment of the debt. (As amended by Ch. 193, Laws 1949, 
effective December 6, 1950; Ch. 161, Laws 1957, effective December 8, 1958.) 

ARTICLE XVI 
COUNTIES— MUNICIPAL CORPORATIONS AND OFFICES 

Section 2. The legislative assembly shall have no power to remove the 
county seat of any county, but the same shall be provided for by general 
law ; and no county seat shall be removed unless a majority of the quali- 
fied electors of the county, at a general election on a proposition to remove 
the county seat, shall vote therefor ; but no such proposition shall be sub- 
mitted oftener than once in four years. 

Cross-References 

Section 46, Article V would permit 
deviation from this section under emer- 
gency conditions. 

Section 4. In each county there shall be elected three county commis- 
sioners, whose term of office shall be six years ; provided that each county 
in the state of Montana shall be divided into three commissioner districts, 

12 



CONSTITUTION OF MONTANA ART. XVI, § 4 

to be designated as commissioner districts, numbers one, two and three, 
respectively. 

The board of county commissioners shall in every county in the state of 
Montana, at their regular session, on the first Monday in May, 1929, or as 
soon thereafter as convenient or possible, not exceeding sixty days there- 
after, meet and by and under the direction of the district court judge or 
judges of said county, divide their respective counties into three commis- 
sioner districts as compact and equal in population and area as possible, 
and number them respectively, one, two and three, and when such division 
has been made, there shall be filed in the office of the county clerk and re- 
corder of such county, a certificate designating the metes and bounds of 
the boundary lines and limits of each of said commissioners districts, which 
certificate shall be signed by said judge or judges; provided, also that at 
the first regular session of any newly organized and created county, the 
said board of county commissioners, by and under the direction of the 
district court judge or judges of said county, shall divide such new county 
into commissioner districts as herein provided. 

Upon such division, the board of county commissioners shall assign its 
members to such districts in the following manner; each member of the 
said board then in service shall be assigned to the district in which he is 
residing or the nearest thereto; the senior member of the board in service 
to be assigned to the commissioner distri-Jt No. 1, the next member in 
seniority to be assigned to commissioner district No. 2, and the junior mem- 
ber of the board to be assigned to commissioner district No. 3; provided, 
that at the first general election of any newly created and organized coun- 
ty, the commissioner for district No. 1, shall be elected for two years, for 
No. 2, for four years, and for No. 3, for six years, and biennially thereafter 
there shall be one commissioner elected to take place of the retiring com- 
missioner, who shall hold his office for six years. 

That the board of county commissioners by and under the direction of 
the district court judge or judges of said county, for the purpose of equal- 
izing in population and area such commissioner districts, may change the 
boundaries of any or all of the commissioner districts in their respective 
county, by filing in the office of the county clerk and recorder of such coun- 
ty, a certificate signed by said judge or judges designating by metes and 
bounds the boundary lines of each of said commissioner districts as 
changed, and such change in any or all the districts in such county, shall 
become effective from and after filing of such certificate ; provided, however, 
that the boundaries of no commissioner district shall at any time be changed 
in such a manner as to affect the term of office of any county commissioner 
who has been elected, and whose term of office has not expired ; and pro- 
vided, further, that no change in the boundaries of any commissioner dis- 
trict shall be made within six months next preceding a general election. 

At the general election to be held in 1930, and thereafter at each general 
election, the member or members of the board to be elected, shall be selected 
from the residents and electors of the district or districts in which the 
vacancy occurs, but the election of such member or members of the board 

13 



Art. XVI, § 5 ELECTION LAWS 

shall be submitted to the entire electorate of the county, provided, however, 
that no one shall be elected as a member of said board, who has not resided 
in said district for at least two years next preceding the time when he shall 
become a candidate for said office. 

"When a vacancy occurs in the board of county commissioners the judge 
or judges of the judicial district in which the vacancy occurs, shall appoint 
someone residing in such commissioner district where the vacancy occurs, to 
fill the office until the next general election when a commissioner shall be 
elected to fill the unexpired term. (As amended by Ch. 72, Laws 1927, 
effective December 8, 1928.) 

Cross-References 

Section 46, Article V would permit 
deviation from this section under emer- 
gency conditions. 



Section 5. There shall be elected in each county the following county 
officers who shall possess the qualifications for suffrage prescribed by sec- 
tion 2 of article IX of this constitution and such other qualifications as may 
be prescribed by law : 

One county clerk who shall be clerk of the board of county commission- 
ers and ex-officio recorder ; one sheriff ; one treasurer, who shall be collector 
of the taxes, provided, that the county treasurer, shall not be eligible to his 
office for the succeeding term; one county superintendent of schools; one 
county surveyor; one assessor; one coroner; one public administrator. Per- 
sons elected to the different offices named in this section shall hold their 
respective offices for the term of four (4) years, and until their successors 
are elected and qualified. Vacancies in all county, township and precinct offi- 
ces, except that of county commissioners, shall be filled by appointment by 
the board of county commissioners, and the appointee shall hold his office 
until the next general election ; provided, however, that the board of coun- 
ty commissioners of any county may, in its discretion, consolidate any two 
or more of the within named offices and combine the powers and the duties 
of the said offices consolidated ; however, the provisions hereof shall not be 
construed as allowing one (1) office incumbent to be entitled to the salaries 
and emoluments of two (2) or more offices; provided, further, that in con- 
solidating county offices, the board of county commissioners shall, six (6) 
months prior to the general election held for the purpose of electing the 
aforesaid offices, make and enter an order, combining any two (2) or more 
of the within named offices, and shall cause the said order to be published 
in a newspaper, published and circulated generally in said county, for a 
period of six (6) weeks next following the date of entry of said order. (As 
amended by Ch. 93, Laws 1937, effective December 2, 1938.) 



Section 6. The legislative assembly may provide for the election or ap- 
pointment of such other county, township, precinct and municipal officers 
as public convenience may require and their terms of office shall be as pre- 

14 



CONSTITUTION OF MONTANA ART. XIX, § 1 

scribed by law, not in any case to exceed two years, except as in this con- 
stitution otherwise provided. 

Cross-B«fereiices 

Sectiou 46, Article V would permit 
deviation from this section under emer- 
gency conditions. 

Sectioa 7. The legislative assembly may, by general or special law, 
provide any plan, kind, manner or form of municipal government for coun- 
ties, or counties and cities and towns, or cities and towns, and whenever 
deemed necessary or advisable, may abolish city or town government and 
unite, consolidate or merge cities and towns and county under one 
municipal government, and any limitations in this constitution not- 
withstanding, may designate the name, fix and prescribe the number, 
designation, terms, qualifications, method of appointment, election or 
removal of the officers thereof, define their duties and fix penalties for 
the violation thereof, and fix and define boundaries of the territory so 
governed, and may provide for the discontinuance of such form of govern- 
ment when deemed advisable ; provided, however, that no form of govern- 
ment permitted in this section shall be adopted or discontinued until after 
it is submitted to the qualified electors in the territory affected and by them 
approved. (As enacted by Ch. 113, Laws 1921, effective December 14, 1922.) 

Section 8. Any county or counties in existence on the first day of Janu- 
ary, 1935, under the laws of the state of Montana or which may thereafter be 
created or established thereunder shall not be abandoned, abolished and/or 
consolidated either in whole or in part or at all with any other county or 
counties except by a majority vote of the duly qualified electors in each 
county proposed to be abandoned, abolished and/or consolidated with any 
other county or counties expressed at a general or special election held 
under the laws of said state. (As added by Ch. 102, Laws 1935, effective 
December 2, 1936.) 

ARTICLE XIX 
MISCELLANEOUS SUBJECTS AND FUTURE AMENDMENTS 

Section 1. Members of the legislative assembly and all officers, execu- 
tive, ministerial or judicial, shall, before they enter upon the duties of 
their respective offices, take and subscribe the following oath or affirma- 
tion, to-wit: "I do solemnly swear (or affirm) that I will support, protect 
and defend the constitution of the United States, and the constitution of 
the state of Montana, and that I will discharge the duties of my office with 
fidelity; and that I have not paid, or contributed, or promised to pay or 
contribute, either directly or indirectly, any money or other valuable thing 
to procure my nomination or election (or appointment) except for neces- 
sary and proper expenses expressly authorized by law ; that I have not 
knowingly violated any election law of this state, or procured it to be done 
by others in my behalf; that I will not knowingly receive, directly, or in- 
directly, any money or other valuable thing for the performance or non- 
performance of any act or duty pertaining to my office other than the 

15 



Art. XIX, § 8 ELECTION LAWS 

compensation allowed by law, so help me God." And no other oath, decla- 
ration or test shall be required as a qualification for any office or trust. 

Section 8. The legislative assembly may at any time, by a vote of two- 
thirds of the members elected to each house, submit to the electors of the 
state the question whether there shall be a convention to revise, alter, or 
ameui this constitution; and if a majority of those voting on the question 
shall declare in favor of such convention, the legislative assembly shall 
at its next session provide for the calling thereof. The number of mem- 
bers of the convention shall be the same as that of the house of representa- 
tives, and they shall be elected in the same manner, at the same places, 
and in the same districts, "^he legislative assembly shall in the act calling 
the convention designate the day, hour and place of its meeting, fix tho 
pay of its members and officers, and provide for the payment of the same, 
together with the necessary expenses of the convention. Before proceed- 
ing, the members shall take an oath to support the constitution of the 
United States and of the state of Montana, and to faithfully discharge 
their duties as members of the convention. The qualifications of members 
shall be the same as of the members of the senate, and vacancies occurring 
shall be filled in the manner provided for filling vacancies in the legislative 
assembly. Said convention shall meet within three months after such 
election and prepare such revisions, alterations or amendments to the con- 
stitution as may be deemed necessary, which shall be submitted to the 
electors for their ratification or rejection at an election appointed by the 
convention for that purpose, not less than two nor more than six months 
after the adjournment thereof; and unless so submitted and approved by 
a majority of the electors voting at the election, no such revision, altera- 
tion or amendment shall take effect. 

Referred Measure stitution. Members of the commission 

Laws 1969, ch. 65 submitted to electors ^'^all be appointed for two (2) year terms 

the question whether a constitution con- begmnmg April 1, 1969, consideration be- 

vention should be called. The act read: '"g S'^en to geographic, economic, and 

"Section 1. At the general election to other pertinent factors, as follows: 

be held in November 1970 there shall be M f"""" (4) members of the house ot 

submitted to the electors of the state of representatives appointed by the speaker, 

Montana the question whether the legis- "O more than two (2) of whom shall be 

lative assembly at the 1971 session, and in affiliated with the same pohtical party: 

accordance with article XIX, section 8 of ('^^ four (4) members of the senate ap- 

the Montana constitution, shall call a con- Pointed by the committee on committees, 

vention to revise, alter, or amend the con- "o more than two (2) of whom shall be 

stitution of Montana." affiliated with the same political party; 

(c) four (4) members appointed by the 
governor, no mure than two (2) i»f vvIumii 

Constitutional Revision Commission shall be affiliated with the same political 

[Chapter 53, Laws 1969] party; 

An act to estabhsh the Montana consti- (d) four (4) members appointed by the 

tution revision commission to study the supreme court, no more than two (2) of 

Montana constitution. whom shall be affiliated with the same 

political party. 

Section 1. Constitution revision com- (2) Commission members who are not 

mission — creation — composition — term. government employees or elective officials 

(1) \ temporary state agency known as shall be reimbursed for actual and neces- 

the Montana constitution revision commis- sary expenses incurred as commission 

sion consisting of sixteen (16) members is members. However, the term "elective 

hereby created to study the Montana con- officials," as used in this subsection, ex- 

16 



CONSTITUTION OF MONTANA 



Art. XIX, § 9 



eludes members of the legislative assem- 
bly. 

Section 2. Detailed study of Montana 
constitution to be conducted — written re- 
port before September 1, 1970 — contents 
of report — progress report. (1) The com- 
mission shall conduct a detailed study of 
the Montana constitution, compile factual 
data on whether the constitution impairs 
effective state government, compare the 
Montana constitution witli those of other 
states and publish a written report to the 
forty-second legislative assembly prior to 
September 1, 1970. The report shall con- 
tain the findings of the commission, rec- 
ommendations, a draft of any proposals 
for change in the Montana constitution, 
and recommendations of the most feasible 
and desirable method of implementing anj' 
proposals for change. 

(2) The commission may publish prog- 
ress and other reports during its study 
and disseminate information on the con- 
stitution as deemed desirable. Upon re- 
quest, commission members shall meet 
with the legislative council, governor, and 
supreme court to report progress on the 
study. 

Section 3. Chairman selected — rules 
adopted — written record — staff and com- 
pensation — special consultants — state 
agencies to co-operate. (1) The ccnnmis- 
>ion shall elect a chairman and other 



necessary officers, and shall establish its 
Dwn lules relating to procedures, meet- 
ings, and quijrums. 

(2) Tiic commission shall maintain a 
written record of its proceedings and its 
finances which shall be open to inspection 
by any person at the oflice of the commis- 
sion during regular nfficc hours. 

(3) The commission may employ any 
necessary staff, assign their duties, and 
fix their compensation. Staff appointed 
shall serve at the pleasure of the commis- 
sion. 

(4) The commission may retain special 
consultants, appoint advisory groups, and 
consult with or request assistance from 
any state agency, private group, or indi- 
vidual deemed desirable. 

(5) Upon request, state agencies shall 
co-operate with the commission by fur- 
nishing assistance and data to the extent 
possible. 

Section 4. Federal or private funds. 
The commission may accept and expend 

any federal or private funds which may 
be available for support of the study. 

Effective Date 

Section 5 of Cli. .^.\ Laws 1959 providnl 
the act should be in effect from and after 
its passage and approval. Approved Feb- 
ruary 20, 1969. 



Section 9. Amendments to this constitution may be proposed in either 
house of the legislative assembly, and if the same shall be voted for by 
two-thirds of the members elected to eaeh house, such proposed amend- 
ments, together with the ayes and nays of each house thereon, shall be 
entered in full on their respective journals; and the secretary of state shall 
cause the said amendment or amendments to be published in full in at least 
one newspaper in each county (if such there be) for three months previous 
to the next general election for members to the legislative assembly; and 
at said election the said amendment or amendments shall be submitted to 
the qualified electors of the state for their approval or rejection and such 
as are approved by a majority of those voting thereon shall become part 
of the constitution. Should more amendments than one be submitted at 
the same election, they shall be so prepared and distinguished by numbers 
or otherwise that each can be voted upon separately; provided, however, 
that not more than three amendments to this constitution shall be submitted 
at the same election. 



Proposed Amendment 

Chapter 66, Laws 1969, proposes to 
amend this section to read as follows: 

"Section 9. Amendments to this con- 
stitution may be proposed in either house 
of the legislative assembly, and if the same 
shall be voted for by two-thirds of the 



members elected to each house, such pro- 
posed amendments, together with the ayes 
and nays of each house thereon, shall be 
entered in full on their respective journals; 
and the secretary of state shall cause the 
said amendment or amendments to be 
published in full in at least one newspaper 



17 



Art. XIX, § 9 



ELECTION LAWS 



in each county (if such there be) for three 
months previous to the next general elec- 
tion for members to the legislative assem- 
bly; and at said election the said amend- 
ment or amendments shall be submitted to 
the qualified electors of the state for their 
approval or rejection and such as are 
approved by a majority of those voting 
thereon shall become part of the constitu- 
tion. Should more amendments than one 
(1) be submitted at the same election, they 
shall be so prepared and distinguished by 
numbers or otherwise that each can be 
voted upon separately. Not more than 
three amendments to this constitution 
shall be submitted at the same election, 
except that there may be submitted at 
each of the general elections held in the 
years 1972, 1974 and 1976, in addition to 
the three amendments otherwise author- 



ized by this section, an amendment or 
amendments providing for the reorganiza- 
tion of the executive department of gov- 
ernment which may include the revision 
or repeal of sections of this constitution 
relating to any boards, offices, and depart- 
ments other than legislative and judicial 
offices. The reorganization of the execu- 
tive department is a single subject, and 
an additional amendment relating to that 
subject authorized by this section may 
be submitted to the qualified electors of 
the state in the form of a title clearly ex- 
pressing its subject." 

Cross-Reference 

Explanatory statement of proposed 
Constitutional amendments to be prepared 
by attorney general, sec. 37-104.1. 



18 



TITLE 1 

AERONAUTICS 



CHAPTER 8 



ESTABLISHMENT OF AIEPORTS BY COUNTIES AND CITIES- 
MUNICIPAL AIRPORTS ACT 

Section 1-804. Tax levy for establishment and operation of airports. 

1-804. (5668.38) Tax levy for establishment and operation of airports. 

For the purpose of establishing, constructing, equipping, maintaining and 
operating airports and landing fields under the provisions of this act the 
county commissioners or the city or town council may each year assess and 
levy in addition to the annual levy for general administrative purposes, 
a tax of not to exceed two (2) mills on the dollar of taxable value of the 
property of said count.v, city or town. In the event of a jointly established 
airport or landing field, the county commissioners and the council or coun- 
cils involved shall determine in advance the levy necessary for such pur- 
poses and the proportion each political subdivision joining in the venture 
shall paj^, based upon the benefits it is determined each sliall derive from 
the project. Provided, that if it be found that the levy hereby authorized 
will be insufficient for the purposes herein enumerated, the commissioners 
and councils acting are hereby authorized and empowered to contract 
an indebtedness on behalf of such county, city or town, as the case may be, 
upon the credit thereof by borrowing money or issuing bonds for such 
purposes, provided that no money may be borrowed and no bonds may be 
issued for such purpose until the proposition has been submitted to the 
taxpayers affected thereby, and a majority vote to be cast therefor, ex- 
cept that for the purpose of establishing a reserve fund to resurface, 
overlay, or improve existing ruuAvays, taxiways and ramps, said governing 
bodies may set up ainiual reserve funds in tlicir annual budget, provided 
said reserve is approved by tlie governing bodies during tlie normal budget- 
ing procedure. Provided furtlier that the necessity to resurface or improve 
said runways by overlays or similar methods every so many years is based 
upon competent enginecrijig estimates, and provided that said funds are 
expended at least within each ten (10) yeai" period. Said fund shall not 
ex(!eed at any time a competent engineei'ing estimate of the cost of re- 
surfacing or overlaying the existing runways, taxiways and ramps, of any 
one airport for each said fund. The governing body of said airport, if in 
its judgment deems it advantageous, may invest the fund in any interest- 
bearing deposits in a state or national bank insured by the F.D.I.C. or 
obligations of tlie United States of Ameriea, either short-term or long- 
term. Interest earned from such investments shall be credited to the 
operations and maintenance budget of said airport governing body. The 
above provisions, notwithstanding other budget control measures, and due 

19 



1-804 ELECTION LAWS 

to the uniqueness of the subject matter, and are hereby declared necessary 
in the interests of the public health and safety. 

History: En. Sec. 4, Ch. 108, L. 1929; 
amd. Sec. 4, Ch. 54, L. 1941; amd. Sec. 1, 
Ch. 54, L. 1945; amd. Sec. 1, Ch. 122, L. 
1969. 



20 



TITLE 4 

ALCOHOLIC BEVERAGES 



CHAPTER 1 



STATE LIQUOR CONTEOL ACT OP MONTANA— LICENSING— SALE 
OF ALCOHOLIC BEVEEAGE8 BY STATE LIQUOR STORES 

Section 4-142. Local option law — petition — ^time for election. 

4-143. Notice of election. 

4-144. Ballots, what to contain. 

4-145. Election, how held. 

4-146. Dealing in intoxicating liquors prohibited if majority of vote against 

sale. 

4-147. No election more than once in two years. 

4-148. Sale of liquors prohibited. 

4-149. Election, how contested. 

4-142. (2815.96) Local option law — petition — time for election. Elec- 
tion to be ordered upon application of one-third of the voters of any county. 
Upon application by petition, signed by one-third of the voters who are 
qualified to vote for members of the legislative assembly in any county in 
the state, the board of county commissioners must order an election to be 
held at the places of holding elections for county officers, to take place 
within forty days after the reception of such petition, to determine whether 
or not any spirituous or malt liquors, wine, or cider, or any intoxicating 
liquors or drinks may be sold within the limits of the county. No election, 
under this section must take place in any month in which general elections 
are held. The board of county commissioners must determine on the suf- 
ficiency of the petition presented from the roll of registered electors of the 
territory affected. 
History: En. Sec. 37, Ch. 105, L. 1933. 

4-143. (2815.97) Notice of election. The notice of election must be 
published once a week for four weeks in such newspapers of the county 
where the election is to be held as the board of county commissioners may 
think proper. 
History: En. Sec. 38, Ch. 105, L. 1933. 

4-144. (2815.98) Ballots, what to contain. The county clerk must fur- 
nish the ballots to be used at such election, as provided in the general 
election law, which ballots must contain the following words : "Sale of in- 
toxicating liquors, yes" ; "Sale of intoxicating liquors, no" ; and the elector 
in order to vote must mark an X opposite one of the answers. 
History: En. Sec. 39,' Ch. 105, L. 1933. 

4-145. (2815.99) Election, how held. The polling places must be estab- 

21 



4-146 ELECTION LAWS 

lished, the judges and other oflficers to conduct the election must be desig- 
nated, and the election must be held, canvassed and returned in all respects 
in conformity to the laws of the state. 
History: En. Sec. 40, Ch. 105, L. 1933. 

4-146. (2815.100) Dealing in intoxicating liquors prohibited if majority 
of vote against sale. If a majority of the votes cast are "Sale of intoxi- 
cating liquors, no," the board of county commissioners must publish the 
result once a week for four weeks in the paper in which the notice of the 
election was given. The provisions of this act shall take effect at the expira- 
tion of the time of the publication of the notice, and thereupon all existing 
licenses shall be cancelled. 
History: En. Sec. 41, Oh. 105, L. 1933. 

4-147. (2815.101) No election more than once in two years. No election 
must be held in the same county oftener than once in two years thereafter. 
History: En. Sec. 42, Ch. 105, L. 1933. 

4-148. (2815.102) Sale of liquors prohibited. If a majority of the votes 
at the election are, "Sale of intoxicating liquors, no," it shall not be lawful 
for any person within the county in which the vote was taken, to sell, either 
directly or indirectly, or give away, to induce trade at any place of business, 
or furnished to any person, any alcoholic, spirituous, malt, or intoxicating 
liquors. 
History: En. Sec. 43, Ch. 105, L. 1933. 

4-149. (2815.103) Election, how contested. Any election held under 
the provisions of this act may be contested in the same manner as provided 
by the general laws. 
History: En. Sec. 44, Oh. 105, L. 1933. 

CHAPTER 3 

MONTANA BEER ACT— LICENSING SALE OF BEER UNDER SUPERVISION 
OF STATE LIQUOR CONTROL BOARD 

Section 4-303. Closing hours for licensed retail beer establishments. 

4-350. Election to determine whether or not beer should be sold in county to 
be ordered upon application of one-third of the voters. 

4-351. Notice of election. 

4-352. Ballots — what to contain. 

4-353. Election — how held. 

4-354, Effect when vote is against sale of beer. 

4-355. No election more than once in two years. 

4-356. Election — how contested. 

4-303. Closing hours for licensed retail beer establishments. Hereafter 
all licensed establishments wherein beer as defined by subsection (b) of 
section 4-302, is sold, offered for sale or given away at retail shall be closed 
during the following hours : 

(a) Sunday from two A. M. to one P. M. ; 

(b) On any other day between two A. M. and eight A. M. ; 

(c) On any day of a biennial general or primary election at which state 
and national officers are elected, during the hours when the polls are open, 

22 



ALCOHOLIC BEVERAGES 4-354 

but not upon the day of any other election ; provided, however, that when 
any municipal incorporation has by ordinance further restricted the hours 
of sale of beer, then the sale of beer is prohibited within the limits of any 
such city or town during the times such sale is prohibited by this act and 
in addition thereto during the hours that it is prohibited by such ordinance. 

History: En. Sec. 1, Oh. 161, L. 1943; 
amd. Sec. 1, Ch. 162, L. 1959. 

4-350. (2815.53) Election to determme whether or not beer should be 
sold in county to be ordered upon application of one-third of the voters. 

Upon application by petition, signed by one-third (1/3) of the voters who 
are qualified to vote for members of the legislative assembly in any county 
in the state, the board of county commissioners must order an election to be 
held at the places of holding elections for county officers, to take place 
within forty (40) days after the reception of such petition, to determine 
whether or not the sale of beer as herein provided for shall be permitted 
within the limits of the county. No election, under this section must take 
place in any month in which the general elections are held. It shall be the 
duty of the board of county commissioners to determine the sufficiency of 
the petitions presented from an examination of the roll of qualified electors 
within the county. 
History: En. Sec. 50, Ch. 106, L. 1933. 

4-351. (2815.54) Notice of election. The notice of election must be 
published once a week for four (4) weeks in such newspapers of the county 
where the election is to be held as the board of county commissioners may 
think proper. 
History: En. Sec. 51, Oh. 106, L. 1933. 

4-352. (2815.55) Ballots — what to contain. The county clerk must fur- 
nish the ballots to be used at such election, as provided in the general elec- 
tion laws, which ballots must contain the following words: "Sale of beer, 
yes"; "Sale of beer, no." And the elector in order to vote must mark an 
"X" opposite one (1) of the answers. 
History: En. Sec. 62, Ch. 106, L. 1933. 

4-353. (2815.56) Election — ^how held. The polling places must be estab- 
lished, the judges and other officers to conduct the election must be desig- 
nated, and the election must be held, canvassed and returned in all respects 
in conformity to the general election laws of the state of Montana. 
History: En. Sec. 53, Oh. 106, L. 1933. 

4-354. (2815.57) Effect when vote is against sale of beer. If a majority 
of the votes cast are against the sale of beer the board of county commis- 
sioners must publish the result once a week for four (4) weeks in the 
newspapers in which the notices of election were published, and from the 
date of the election no further licenses to vend beer in the county shall be 
issued by the board of equalization, and after the publication of notice 

23 



4-355 ELECTION LAWS 

proclaiming the result of the election as against the sale of beer, all 
licenses then existing shall be cancelled by the state board of equalization, 
and thereafter it shall be unlawful to sell any beer in any such county. 
History: En. Sec. 64, OIl 106, L. 1933. 

4-355. (2815.58) No election more than once in two years. No election 
shall be held in the same county oftener than once in any two (2) years. 
History: En. Sec. 66, Oh. 106, L. 1933. 

4-356. (2815.59) Election — how contested. Any election held under 
the provisions of this act may be contested in the same manner as other 
elections under the laws of this state. 
History: En. Sec. 66, Oh. 106, K 1933. 

CHAPTER 4 
MONTANA RETAIL LIQUOR LICENSE ACT— SALES BY LICENSEES OF BOARD 

Section 4-414. Hours for sale of liquor. 

4-431. Act when effective — protests — elections. 

4-432. Publication notice of election. 

4-433. Form of ballots. 

4-434. Polling places — conduct of elections. 

4-435. Effect of election — penalty — liquor store sales not affected. 

4-436. Contest of election. 

4-437. Restriction on holding second election. 

4-414. Hours for sale of liquor. No liquor shall be sold, offered for 
sale or given away upon any premises licensed to sell liquor at retail during 
the following hours : 

(a) Sunday, from two A. M. to one P. M. ; 

(b) On any other day between two A. M. and eight A. M. ; 

(c) On any day of a biennial general or primary election at which state 

and national officers are elected, during the hours when the polls are open, 

but not upon the day of any other election ; provided, however, when any 

city, or incorporated or unincorporated town has any ordinance further 

restricting the hours of sale of liquor, such restricted hours shall be the 

hours during which the sale of liquor at retail shall not be permitted within 

the jurisdiction of any such city or town. 

History: En. Sec. 12, Oh. 84. L. 1937; 
amd. Sec. 2, Ch. 162, L. 1969. 

4-431. Act when efiFective — protests — elections. The provisions of this 
act as to the issuance of licenses as herein provided shall be effective thirty 
(30) days after the passage and approval of this act. In the event that 
during the said period of thirty (30) days, a duly verified petition in writing 
signed by not less than thirty-five per centum (35%) of the registered 
qualified electors of any county file with the board of county commissioners 
their protest against the issuance of any licenses as herein provided by the 
Montana liquor control board under the provisions of this act, then the 
said Montana liquor control board shall not issue any license or licenses 
within said county, except as herein provided. 

24 



ALCOHOLIC BEVERAGES 4-435 



The board of county commissioners must within five (5) days after the 
filing of said petition, meet and determine the sufiiciency of the petition 
presented by ascertaining whether or not at least thirty-five per centum 
(35%) of the signers of said petition are registered electors of the territory 
or county affected. The board of county commissioners must within ten 
(10) days after the filing of such petition, if such petition be sufficient 
therefor make an order calling an election to be held within the county 
in the manner and at the places of holding an election for county oSices 
in such county. Such election to be held on a day fixed by the board of 
county commissioners not more than thirty (30) days after the filing of 
such petition for the purpose of determining whether or not any license 
for the sale of spirituous liquors may be sold within the limits of the county 
as provided by the provisions of this act. 
History: En. Sec. SO, Oli. 84, L. 1937. 

4-432. Publication notice of election. The notice of election must be 
published once a week for four (4) weeks in such newspapers in the county 
where the election is to be held as the board of county commissioners may 
think proper. 
History: En. Sec. 31, OIl 84, L. 1937. 

4-433. Form of ballots. The county clerk must furnish the ballots to be 
used at such election, as provided in the general election law, which ballots 
must contain the following words : "Sale of Alcoholic Beverages, Yes," "Sale 
of Alcoholic Beverages, No," and the elector in order to vote must mark an 
"X" opposite one of the answers. 
History: En. Sec. 82, CIi. 84, L. 1937. 

4-434. Polling places — conduct of elections. The polling places must 
be established, the judges and other officers to conduct the election must be 
designated, and the election must be held, canvassed and returned in all 
respects in conformity to the laws of the state. 
History: En. Sec. 33, Ch. 84, L. 1937. 

4-435. Effect of election — penalty — liquor store sales not affected. If 
a majority of the votes cast are "Sale of Alcoholic Beverages, Yes," the 
provisions of this act sh^ll take effect immediately. If a majority of the 
votes cast are "Sale of Alcoholic Beverages, No," the board of county com- 
missioners must publish the result once a week for four (4) successive weeks 
in the paper in which the notice of election was given, and at the expiration 
of the time of the publication of such notice all existing licenses shall be 
cancelled and it shall thereupon be unlawful to sell, either directly or in- 
directly, any liquor in such county under penalty of a fine of not more than 
five hundred dollars ($500.00) or by imprisonment in the county jail for a 
period not exceeding six (6) months, or by both such fine and imprison- 
ment; provided, however, that nothing herein contained shall be construed 
to prevent or prohibit the sale of liquor at or by a state liquor store under 
the liquor control act. 
History: En. Sec. 34, Cfh. 84, L. 1937. 

25 



4-436 ELECTION LAWS 

4-436. Contest of election. Any election held under the provisions of 
the act may be contested in the same manner as provided by the general 
election laws. 
History: Ezl Sec. 35, Ch. 84, L. 1937. 

4-437. Restriction on holding second election. If no petition protesting 
against the issuance of licenses as herein provided be filed with the. board of 
county commissioners within thirty (30) days after the passage and approval 
of this act, or if a majority of the votes cast at any election held in pur- 
suance of the filing of said petition as herein provided, are "Sale of Alcoholic 
Beverages, No," then there shall not be submitted to the qualified electors 
of said county any other or further question as to the sale of alcoholic 
beverages within said county for a period of two (2) years from and after 
the date of the filing of said petition protesting the issuance of said license 
as herein provided with the board of county commissioners. 
History: En. Sec. 36, Ch. 84, L. 1937. 



26 



TITLE 9 

CEMETERIES 



CHAPTER 2 

PUBLIC CEMETERY DISTRICT ACT 

Section 9-201. Public cemetery district act. 

9-202. Petition to board of county commissioners. 

9-203. Hearing. 

9-204. Final hearing. 

9-205. Order of board aa respects election. 

9-206. Favorable vote — commissioners to organize district. 

9-207. Government of district — appointment and terms of trustees. 

9-208. Powers of district. 

9-209. Budget and tax levy. 

9-209.1. Disbursement of tax proceeds. 

9-209.2. Validating act. 

9-209.3, Payment of validated warrants. 

9-210. Regulations. 

9-211. Withdrawal of portion of district, petition for. 

9-212. Hearing. 

9-213. Alteration of boundaries. 

9-214. Notice, publication of. 

9-215. Power of county commissioners. 

9-201. Public cemetery district act. There is hereby deemed and de- 
clared a public cemetery district act for the state of Montana. A cemetery 
district may contain the entire territory embraced within a county or any 
portion or subdivision thereof. 

History: En. Sec. 1, Ch. 221, L. 1943; 
amd. Sec. 1, Ch. 16, L. 1945. 

9-202. Petition to board of county cormnissioners. Whenever a peti- 
tion, signed by not less than twenty (20%) per cent of the citizens who are 
owners of land located within a proposed cemetery district, whose names 
appear as such owners of land upon the last completed assessment roll of 
the county in which said proposed district is situated, which petition shall 
definitely describe the boundaries of the proposed district and request that 
the territory within said boundaries be organized into a public cemetery 
district, the petition shall be presented to the board of county commissioners 
of the county in which the proposed district is situated, at a regular or 
special meeting of said board. The said board of county commissioners, by 
resolution, shall fix a time for the hearing of said petition at not less than 
two (2) nor more than five (5) weeks from the time of presentation thereof, 
and shall cause notice to be given of the time and place of said hearing by 
publication as prescribed by law, for not less than two (2) weeks prior to 
the time of said hearing. Said notice shall state that any person residing in 
or owning property within said proposed district or within any existing 
cemetery district, any part of the territory of which is described in said 

27 



9-203 ELECTION LAWS 



petition, may appear before said board at the hearing and show cause why 

the said district should not be created or the proposed boundaries changed. 

History: En. Sec. 2, Ch. 221, L. 1943; 
amd. Sec. 2, Ch. 16, L. 1946. 

9-203. Hearing. At the time fixed for said hearing, the board shall de- 
termine whether or not it complies with the requirements hereinbefore set 
forth and whether or not the notice required herein has been published as 
required, and must hear all competent and relevant testimony offered in 
support of or in opposition thereto. Said hearing may be adjourned from 
time to time for the determination of said facts, not to exceed two (2) 
weeks in all. 

History: En. Sec. 3, Ch. 221, L. 1943; 
amd. Sec 3, Oh. 16, L. 1945. 

9-204. Final hearing. If the board of county commissioners shall de- 
termine that the petitioners have complied with the requirements herein set 
forth and that the notice required has been published, it shall thereupon pro- 
ceed to a final hearing of the matter. Said board shall make such changes 
in the boundaries of the proposed district as it may deem advisable and 
shall define and establish such boundaries, as described in the petition and 
shall call an election. 

History: En. Sec. 4, Oh. 221, L. 1943; 
amd. Sec. 4, Oh. 16, L. 1946. 

9-205. Order of board as respects election. The board, must in its 
order, designate whether or not a special election shall be held, or whether 
the matter shall be determined at the next general election. If a special 
election is ordered, the board must, in its order, specify the time and place 
for such election, the voting place, and shall in said order appoint and desig- 
nate judges and clerks therefor. The election shall be held in all respects as 
nearly as practicable in conformity with the general election laws : and 
provided, further, that the polls shall be open from eight (8) o'clock A. M. 
to six (6) P. M., on the day appointed for such election. At such election, 
the ballots must contain the words "Cemetery District, Yes" and "Cemetery 
District, No." The judges of the election shall certify to the board of 
county commissioners the results of said election. 

History: En. Sec. 5, Oh. 221, L. 1943; 
amd. Sec. 5, Ch. 16, L. 1945. 

9-206. Favorable vote — commissioners to organize district. In the event 
that a majority of the votes cast are in favor of the formation of said ceme- 
tery district, the board of county commissioners shall proceed with the 
organization thereof as herein specified. 

History: En. Sec. 6, Ch. 221, Ii. 1943; 
amd. Sec. 6, Ch. 16, L. 1945. 

9-207. Qovemment of district — appointment and terms of trustees. 

Said cemetery district shall be governed and managed by three (3) trustees, 
appointed by the board of county commissioners. The trustees shall be ap- 
pointed from the freeholders residing within said district for terms of one 
(1), two (2) and three (3) years respectively, and until their successors 

28 



CEMETERIES 9-209.2 

shall be appointed and qualified. Annually thereafter the board of county 

commissioners shall appoint one trustee for a term of three (3) years or 

until his successor shall be appointed and qualified. The trustees at their 

first meeting shall adopt by-laws for the government and management of 

the district. They shall serve without pay. 

History: En. Sec. 7, C?h. 221, L. 1943; 
amd. Sec. 7, Oh. 16, L. 1945. 

9-208. Powers of district. Said district may maintain a cemetery or 

cemeteries within Liaid district; may hold title to property by grant, gift, 

devise, lease, or any other method ; and perform all acts necessary or proper 

for the carrying out of the purposes of this act, including the selling or 

leasing of burial lots. 

History: En. Sec. 8, Ch. 221, L. 1943; 
am<L Sec. 8, Ch. 16, L. 1945. 

9-209. Budget and tax levy. The board of cemetery trustees shall an- 
nually present a budget to the board of county commissioners at the 
regular budget meetings as prescribed by law. The board of county commis- 
sioners must annually, at the time of levying county taxes, fix and levy 
upon all property within said cemetery district, sufficient to raise the 
amount certified by the board of cemetery trustees to be raised by a tax 
on the property of said district. The tax so levied shall not exceed two 
(2) mills on each dollar of taxable valuation on the property of said district. 
Expenditures made, liabilities incurred, or warrants issued by or in behalf 
of any cemetery district in excess of the annual budget presented to the 
board of county commissioners as provided herein and the amount appro- 
priated for and authorized to be expended for each item in the budget shall 
not be a liability of the cemet-<3ry district. Insofar as the same can be made 
applicable, the county budget system, sections 16-1901 to 16-1911, shall 
govern the operation of cemetery districts created under this act. 

History: En. Sec. 9, Ch. 221, L. 1943; 
amd. Sec. 9, Ch. 16, L. 1945; amd. Sec. 1, 
Oh. 93, L. 1951; amd. Sec. 1, Ch. 4, L. 1955. 

9-209.1. Disbursement of tax proceeds. The proceeds of taxes collected 
by the county treasurer for the public cemetery fund shall be disbursed to 
the various cemetery districts upon the submission of a claim by said 
cemetery districts to the board of county commissioners for their pro rata 
share of the proceeds of the taxes collected. Upon approval of said claim 
by the board of county commissioners the county clerk shall issue a trust 
fund warrant drawn upon the public cemetery fund and payable to each 
claimant. 
History: En. Sec. 1, Ch. 94, L. 1951. 

9-209.2. Validating act. All warrants heretofore issued by any ceme- 
tery district for services actually rendered or goods, wares, merchandise or 
material actually furnished to said cemetery district are hereby validated, 
ratified, approved and confirmed, notwithstanding any lack of power of 
such cemetery district to authorize or issue such warrants by reason of non- 
compliance with any budget act or their being in excess of any cemetery 

. 29 



9-209.3 ELECTION LAWS 

district budget or because of failure to include provision for the same in 
any cemetery district budget or otherwise and said warrants so issued for 
value received by said cemetery district shall be binding, legal, valid and 
enforceable obligations of such cemetery district. 
History: En. Sec. 2, Oh. 4, L. 1956. 

9-209.3. Payment of validated warrants. All cemetery district war- 
rants validated, ratified, approved and confirmed by the provisions of this 
Hct shall be paid by the cemetery district which issued the same from any 
funds which the cemetery district may have on hand which are not appro- 
priated for other purposes. Any such cemetery district is also authorized 
and directed to make provision for the payment of said warrants by in- 
cluding in its budget each year in which such warrants remain outstanding 
an item providing for the payment of such warrants as can be paid within 
the proceeds of the two (2) mill maximum levy on each dollar of taxable 
valuation of the property of said district specified in section 9-209, taking 
into consideration other income of the cemetery district and after having 
provided for the other budget requirements submitted by the board of 
cemetery trustees to the board of county commissioners and such maximum 
two (2) mill levy shall be made annually until said warrants are paid, 
provided, that no interest or other charges for the use of the money repre- 
sented by said warrants shall be paid by the cemetery district. All cemetery 
district warrants validated, ratified, approved and confirmed by the pro- 
visions of this act shall be listed by the cemetery district having issued 
the same in the order in which they were issued by said cemetery district 
and the warrants shall be paid in the order in which they were issued as 
funds become available for the payment thereof under the provisions of 
this act. 
History: En. Sec. 3, Cb. 4, L. 1965. 

9-210. Regulations. The trustees shall make proper rules and regula- 
tions for the management of the cemeteries. The procedure of the collecting 
of the tax and the distribution of the funds shall be in accordance with the 
existing laws of the state of Montana. 

History: En. Sec. 10, Oh. 221, L. 1943; 
amd. Sec. 10, Ch. 16, L. 1946. 

9-211. Withdrawal of portion of district, petition for. Any portion of 
a public cemetery district may be withdrawn therefrom as in this section 
provided, upon receipt of a petition signed by fifty (50) or more freeholders 
residing in, or owning property within the portion desired to be withdrawn 
by any public cemetery district or by a majority of such freeholders, if 
there are less than one hundred (100) residing within the portion sought 
to be withdrawn, on the grounds that such portion will not be benefited by 
remaining in said district. The board of county commissioners shall fix a 
time for the hearing of such withdrawal petition which shall not be more 
than sixty (60) days after the receipt thereof. The said board shall, at least 

30 



CEMETERIES 9-215 

thirty (30) days prior to the time so fixed, publish a notice of such hearing 

for two (2) issues as provided by law. 

History: En. Sec. 11, C\l 221, L. 1943; 
amd. Sec. 11, Ch. 16, L. 1945. 

9-212. Hearing. Any person interested may appear at said hearing and 

present objections to the withdrawal of said portion from said district. The 

board shall consider all objections, pass upon the merits thereof and make 

an order in accordance therewith. This order is subject to review by any 

court of competent jurisdiction. 

History: En. Sec. 12, Ch. 221. L. 1943; 
amd. Sec. 12, Cli. 16, L. 1945. 

9-213. Alteration of bonndariee. The boundaries of any such public 
cemetery district may be altered and outlying districts be annexed thereto 
in the following manner : A petition signed by fifty (50) or more freeholders 
within the territory proposed to be annexed, or by a majority of such free- 
holders if there are less than one hundred (100) residing within the portion 
proposed to be annexed, designating the boundaries of such contiguous 
territory proposed to be annexed and asking that it be annexed to said 
public cemetery district, shall be presented to the board of county commis- 
sioners of the county in which said public cemetery district is situated. 

History: En. Sec 13, Oh. 221, K 1943; 
amd. Sec. 13, Ch. 16, L. 1945. 

9-214. Notice, publication of. At the first regular meeting after the 

presentation of said petition, said board of county commissioners shall cause 

notice of said petition to be published according to law for two (2) weeks 

prior to the date to be fixed by said board for the hearing of said petition. 

Upon the date fixed for such hearing or continuance thereof said board shall 

take up and consider said petition and any objections which may be filed to 

the inclusion of any property in said district. 

History: En. Sec. 14, Ch. 221, L. 1943; 
amd. Sec. 14, Ch. 16, L. 1946. 

9-215. Power of county commissioners. Said board of county commis- 
sioners shall have the power by order entered on its minutes to grant said 
petition either in whole or in part, and by order entered on its minutes to 
alter the boundaries of said public cemetery district and to annex thereto, 
all, or such portion of said territory described in said petition as will be 
benefited thereby. This territory shall become and be a part of such public 
cemetery district and shall be taxed, together with the remainder of said 
district, for all taxes to be thereafter levied by said board of county com- 
missioners for the operation and maintenance of said public cemetery 
district. 

History: En. Sec. 15, Ch. 221, L. 1943; 
amd. Sec 15, Oh. 16, L. 1945. 



31 



TITLE 11 
CITIES AND TOWNS 



CHAPTER 2 

CLASSIFICATION AND OEGANIZATION OF CITIES AND TOWNS 

Section 11-203. Organization of cities and towns — petition and census. 

11-204. Election — how conducted. 

11-205. First election for officers. 

11-206. Officers elected and conduct of election. 

11-209. Old officers continue in office — election. 

11-203. (4961) Organization of cities and towns — ^petition and census. 
Whenever the inhabitants of any part of a county desire to be organized into 
a city or town, they may apply by petition in writing, signed by not less 
than fifty qualified electors, residents of the state, and residing within 
the limits of the proposed incorporation, to the board of county commis- 
sioners of the county in which the territory is situated, which petition 
must describe the limits of the proposed city or town, and of the several 
wards thereof, which must not exceed one square mile for each five hundred 
inhabitants resident therein. The petitioners must annex to the petition a 
map of the proposed territory to be incorporated, and state the name of 
the city or town. The petition and map must be filed in the office of the 
county clerk. Upon filing the petition, the board of county commissioners, 
at its next regular or special meeting, must appoint some suitable person to 
take a census of the residents of the territory to be incorporated. After 
taking the census, the person appointed to take the same must return the 
list to the board of county commissioners, and the same must be filed by it 
in the county clerk's office. No municipal corporation must be formed unless 
the number of inhabitants is three hundred or upwards. 

History: First general municipal in- torical comparisoos of the several sections 

corporation act was that of Feb. 17, 1881 cannot be made. This section en. Sec. 315, 

(L. 1881, pp. 13-38); superseded by Sees. 5th Div. Gomp. Stat. 1887; re-en. Sec. 4720, 

315-440, 6th Div. Ck)mp. Stat. 1887. Many Pol. 0. 18»6; re-en. Sec. 3208, Eev. C. 1907; 

of the provisions of this act are so differ- amd. Sec. 1, Ch. 5d, L. 1909; re-en. Sec. 

ent from the present law that exact his- 4961, B. 0. M. 1921. 

11-204. (4962) Election — how conducted. After filing the petition and 
census, if there be the requisite number of inhabitants for the formation of a 
municipal corporation, as required in the preceding section, the county 
commissioners must call an election of all the qualified electors residing 
in the territory, described in the petition. Said election must be held at 
a convenient place within the territory described in the petition, to be 
designated by the board, notice of which election must be given by publica- 
tion in some newspaper published within the limits of the territory to be 
incorporated, or, if none be published therein, by posting notice in three 
public places within said limits. The notice must be published thirty days 

32 



CITIES AND TOWNS 11-209 

prior to the election, and must specify the time and place when and where 
the same is held, and contain a description of the boundaries of the city or 
town. The board must appoint judges and clerks of election, who must 
qualify as required by law, and after the election they must report the 
result to the board, together with the ballots cast at said election. The bal- 
lots used at the election must be "For incorporation" or "Against incorpo- 
ration," and all elections must be conducted as provided in Title 23 of 
this code. 

BUstory: En. Sec. 316, 5th Div. CJomp. 3209, Rev. C. 1907; re-en. Sec. 4962, R.- 
Stat. 1887; amd. Sec. 2, p. 178, L. 1889; C. M. 1921. 
re-en. Sec. 4721, Pol. C. 1895; re-em. Sec. 

11-205. (4963) First election far oflBcers. When the incorporation of a 
city or town is completed, the board of county commissioners must give 
notice for thirty days in a newspaper published within the limits of the city 
or town, or, if none be published therein, by posting notices in six public 
places within the limits of the corporation, of the time and place or places 
of holding the first election for offices of the corporation. At such election 
all the electors qualified by the general election laws of the state, and who 
have resided within the limits of the city or town for six months, and within 
the limits of the ward for thirty days preceding the election, are qualified 
electors and may choose officers for the city or town, to hold office as pre- 
scribed in the next succeeding section. 

History: Ap. p. Sec. 318, 5tli Dlv. Ck>mp. 3210, Rev. 0. 1907; re-en. Sec. 4963, R, C. 
Stet. 1887; amd. Sec. 2, p. 178, L. 1889; re- M. 1921. 
en. Sec. 4722, Pol. 0. 1895; re-en. Sec. 



11-206. (4964) Officers elected and conduct of election. At such elec- 
tion there must be elected, in a cit}' of the first class, a mayor, a police judge, 
a city attorney, a city treasurer, a city marshal, and two aldermen from each 
ward into which the city may be divided ; in a citj' of the second class, a 
mayor, a police judge, a city treasurer, a city marshal, and two aldermen 
from each ward ; in a town, a mayor, and two aldermen from each ward, 
who hold office until the first Monday of May after the first annual elec- 
tion, and until their successors are elected and qualified. The persons so 
elected must qualify in the manner prescribed by law for county officers. 
The board of county commissioners must appoint judges and clerks of 
election, and canvass and declare the result thereof. The election must be 
conducted in the manner required by law for the election of county officers. 

History: En. Sec. 318, 5tli Div. Comp. 3211, Rev. C. 1907; re-en. Sec. 4964, R. 
Stet. 1887; amd. Sec. 2, p. 178, L. 1889; C. M. 1921. 
re-en. Sec. 4723, Pol. C. 1895; re-en. Soc. 

11-209. (4967) Old officers continue in office — election. All officers of 
such city or town holding office at the time of the adoption of this code 
remain in office until the next annual election and the first Monday of May 
next ensuing thereafter, and until their successors are elected and qualified. 
The duties and compensation of such officers and the liabilities of sureties 

33 



11-303 ELECTION LAWS 

on official bonds remain the same. All elections must be held under the pro- 
visions of this code relative to the government of cities and towns. 

History: En. Sec. 6034, PoL 0. 1895; 
re-en. Sec. 3483, Bev. 0. 1907; re-esi. Sec. 
4967, R. 0. M. 1921. 

CHAPTER 3 
CHANGES IN CLASSIFICATION OF CITIES AND TOWNS 
Section 11-303. New officers — election. 

11-303. (4971) New officers— election. The first election of officers of 
the new municipal corporation organized under the provisions of this chap- 
ter must be at the first annual municipal election after such proceedings, 
and the old officers remain in office until the new officers are elected and 
qualified. 

History: En. Sec. 4952, Pol. 0. 1896; 
re-en. Sec. 3449, Bev. O. 1907; re-en. Sec. 
4971, B. C. M. 1921. 

CHAPTER 4 
ADDITIONS OF PLATTED TRACTS TO CITIES AND TOWNS 
Section 11-405. Election on the qaestion of annexation. 

11-406. (4979) Election on the question of annexation. When a city or 
town desires to be annexed to another and contiguous city or town, the 
council of each thereof must appoint three commissioners to arrange and 
report to the municipal authorities respectively, the terms and conditions on 
which the annexation can be made, and if the city or town council of 
the municipal corporation to be annexed approves of the terms thereof, it 
must by ordinance so declare, and thereupon submit the question of an- 
nexation to the electors of the respective cities or towns. If a majority of 
the electors vote in favor of annexation, the council must so declare, and a 
certified copy of the proceedings for annexation and of the ordinances must 
be filed with the clerk of the county in which the cities or towns so annexed 
are situated, and when so filed the annexation is complete, and the city or 
town to which the annexation is made has power, in addition to other powers 
conferred by this title, to pass all necessary ordinances to carry into effect 
the terms of the annexation. Such annexations do not affect or impair any 
rights, obligations, or liabilities then existing, for or against either of such 
cities or towns. 

History: En. Sec. 322, 5tli Div. Oomp. re-en. Sec. 3215, Bev. C. 1907; re-en. Sec. 
Stat. 1887; re-en. Sec. 4727, Pol. C. 1895; 4979, B. C. M. 1921. 

CHAPTER 5 
ALTERATION OF BOUNDARIES, EXCLUSION AND INCLUSION OF TERRITORY 

Section 11-506. Alteration of boundaries of cities and towns — inclusion of territory — 
petition and election. 

34 



CITIES AND TOWNS 11-506 



11-507. Submission of question of annexation — election, how conducted and 

returned — annexation when complete. 
11-508. Territory which may not be annexed. 
11-509. Lands used for certain purposes may not be annexed. 
11-510. Act applicable to cities of what population. 

11-506. Alteration of boundaries of cities and towns — inclusion of terri- 
tory — petition and election. (1) The boundaries of any incorporated town 
or city, whether heretofore or hereafter formed, may be altered and new 
territory or territories annexed thereto, incorporated and included therein, 
and made a part thereof, upon proceedings being had and taken as in this 
act provided. The council, or other legislative body of any such municipal 
corporation, upon receiving a written petition therefor containing a descrip- 
tion of the new territory or territories asked to be annexed to such corpo- 
ration, and signed by not less than thirty-three and one-third per cent 
(333<3%) of the resident free holder electors of the territory proposed to 
be annexed must, without delay, submit to the electors of such municipal 
corporation and to the electors residing in the territory or territories pro- 
posed by such petition to be annexed to such corporation, the question 
whether such new territory or territories shall be annexed to, incorporated 
in, and made a part of said municipal corporation. 

(2) Such question may be so submitted at the next general municipal 
election to be held in such municipal corporation, or it may be so submitted 
prior to such general election, either at a special election called therein for 
that purpose, or at any other municipal election therein, except an election 
at which the submission of such question is prohibited by law; and such 
council or legislative body is hereby empowered to and it shall be its duty to 
cause notice to be given of such election by the publication of a notice 
thereof in a newspaper printed and published in such municipal corporation 
at least once a week for a period of three (3) successive weeks next preced- 
ing the date of such election, or if there is no newspaper printed in such 
municipal corporation, then such notice shall be published in like manner for 
a like period in the nearest town or city in the county in which said territory 
or territories to be annexed is situated, in which such newspaper is printed. 
Such notice shall distinctly state the proposition to be submitted, i. e., that 
it is proposed to annex to, incorporate in, and make a part of such municipal 
corporation the territory or territories sought to be annexed, specifically 
describing the boundaries thereof; and in said notice the qualified electors 
of said municipal corporation, and the qualified electors residing in said 
territory or territories so proposed to be annexed, shall be invited to vote 
upon such proposition by placing upon their ballots the words "for annexa- 
tion" or "against annexation," or words equivalent thereto. 

(3) Such council or legislative body is hereby empowered, and it shall 
be its duty, to establish, and in such notice of election designate the voting 
precinct or precincts, the date of said election, the place or places at which, 
and the hours between which the polls will be opened for such election, and 
such other information regarding said election as the said council or legisla- 
tive body may deem proper. Such place or places shall be that or those 
commonly used as voting places within such municipal corporation, and 

35 



11-507 ELECTION LAWS 

also that or those commonly used by the electors residing in such new 
territory or territories. 
History: En. S«c. 1, Cli. 168, L. 1945. 

11-507. Submission of question of annexation — election, how conducted 
and returned — annexation when complete. (1) If the question of annexa- 
tion is submitted at a special election called for such purpose, the city or 
town council, or other legislative body, shall fix the hours through which 
the polls are to be kept open, which shall be not less than eight (8), and 
which must be stated in the notice of election, and may appoint a smaller 
number of judges than is required at a general city or town election, but 
in no case shall there be less than three (3) judges in a precinct and such 
judges shall act as their own clerks. If the question of annexation is sub- 
mitted at a general city or town election, the polls shall be kept open during 
the same hours as are fixed for the general election, and the judges and 
clerks for such general election shall act as the judges and clerks thereof. 

(2) Whenever the question of annexation under this title is submitted 
at either a general city or town election, or at a special election, separate 
ballots, white in color and of convenient size, shall be provided therefor. 
The election shall be conducted, and the returns made in the same manner 
as other city or town elections ; and all election laws governing city and 
town elections shall govern insofar as they are applicable, but if such 
question be submitted at a general city or town election, the votes thereon 
must be counted separately, and separate returns must be made by the 
judges and clerks at such election. If the said annexation election is held 
at the same time as a general city or town election, then the returns shall be 
canvassed by the city or town council at the same time as the returns for 
such general election ; but if the question of annexation is submitted at a 
special election, then the city or town council shall meet within ten (10) 
days after the date of the holding of such special election and canvass the 
returns. 

(3) If it is found that a majority of such votes were cast in favor of 
the annexation, the city or town council, or other legislative body shall, at a 
regular or special meeting held within thirty (30) days thereafter, pass 
and adopt a resolution providing for such annexation. Such resolution 
shall recite that a petition has been filed with the said council or other 
legislative body with a sufificient number of signatures of thirty-three and 
one-third per cent (33>^%) of the resident free holder electors of the 
territory proposed to be annexed ; a description of the boundaries of the 
territory or territories to be annexed ; a copy of the resolution ordering a 
general or special election thereof, as the case may be; a copy of the notice 
of such election ; the time and result of the canvass of the votes received in 
favor of annexation, and the number thereof cast against annexation ; and 
that the boundaries of such city or town, by such resolution, shall be ex- 
tended so as to embrace and include such territory or territories as the 
same are described in the petition for annexation, which said resolution 
shall be incorporated in the minutes of said council or legislative body. 

(4) The clerk or other officer performing the duties of clerk of such 

36 



CITIES AND TOWNS 11-510 

council or legislative body, shall promptly make and certify under the seal 
of said municipal corporation, a copy of said record so entered upon said 
minutes, which document shall be filed with the clerk of the c(^unty in which 
the city or town to which said territory or territories are sought to be 
annexed, is situated. Prom and after the date of the filing of said document 
in the office of the said county clerk, the annexation of such territory or 
territories so proposed to be annexed shall be deemed and shall be complete 
and thenceforth such annexed territory or territories shall be, to all intents 
and purposes, a part of said municipal corporation, and the said city or 
town to which the annexation is made, has the power to pass all necessary 
ordinances pertaining thereto. 
History: En. Sec 2, CIl 168, I.. 1945. 

11-508. Territory which may not be annexed. No territory which, at 
the time such petition for such proposed annexation is presented to such 
council or legislative body, forms any part of any incorporated town or 
city, shall be annexed under the provisions of this act. 
History: En. Sec. 3, Cli. 168, L. 1945. 

11-509. LandB nsed for certain purposes may not be annexed. No 

parcel of land which, at the time such petition for such proposed annexation 
is presented to such council or legislative body, is used in whole or in part 
for agricultural, mining, smelting, refining, transportation, or any industrial 
or manufacturing purpose or any purpose incident thereto, shall be annexed 
under the provisions of this act. 
History: En. Sec. 4, Ch. 168, L. 1945. 

11-510. Act applicable to cities of what population. This act shall not 
be applicable to cities having a population, as shown by the last preceding 
federal census of less than twenty thousand (20,000) and not more than 
thirty-five thousand (35,000) and shall not repeal section 11-403 having 
reference to extension of the corporate limits of cities of the first, second 
and third classes to include contiguous land, but is intended and does 
provide an alternative method for the annexation of territory or territories 
to municipal corporations. "When any proceedings for annexation of terri- 
tory or territories to any municipal corporation are commenced under this 
act the provisions of this act and of such amendments thereto as may 
thereafter be adopted, and no other, shall apply to such proceedings. 
History: En. Sec. 5, Cli. 168, L. 1945. 



37 



11-701 ELECTION LAWS 

CHAPTER 7 

OFFICERS AND ELECTIONS 

Section 11-701. Officers of city of the first class. 

11-702. Officers of city of second and third classes. 

11-703. Officers of towns. 

11-707. City or town to be divided into wards. 

11-708. Division of cities and towns into wards. 

11-709. Annual elections in cities and towns — terms of office. 

11-710. Qualification of mayor. 

11-711. Terms of aldermen — how decided. 

11-712. Terms of office — when to begin. 

11-713. Who eligible. 

11-714. Qualification of aldermen. 

11-715. Registration of electors. 

11-716. Qualifications of electors. 

11-717. Election judges and clerks — voting places. 

11-718. Canvass — when and how made. 

11-719. Oath and bonds — vacancy. 

11-720. When duties of office begin. 

11-721. Vacancies — how filled — removal of officer. 

11-701. (4995) OflBcers of city of the first claas. The officers of a city 
of the first class consist of one mayor, two aldermen from each ward, one 
police judge, one city treasurer, who may be ex-officio tax collector, who 
must be elected by the qualified electors of the city as hereinafter provided. 
There may also be appointed by the mayor, with the advice and consent of 
the council, one city attorney, one city clerk, one chief of police, one asses- 
sor, one street commissioner, one city jailer, one city surveyor, and when- 
ever a paid fire department is established in such city, a chief engineer and 
one or more assistant engineers, and any other officers necessary to carry 
out the provisions of this title. The city council may, by ordinance, pre- 
scribe the duties of all city officers and fix their compensation, subject to 
the limitations contained in this title. 

History: En. Sec. 4740, Pol. C. 1895; 
Te-0a. Sec. 3216, Bev. C. 1907; re-en. Sec. 
4996, B. C. M. 1921. 

11-702. (4996) Officers of city of second and third classes. The officers 
of a city of the second and third classes consist of one mayor, two aldermen 
from each ward, one police judge, one city treasurer, who may be ex-officio 
tax collector, who must be elected by the qualified electors of the city as 
hereinafter provided. There may also be appointed by the mayor, with the 
advice and consent of the council, one city clerk, who is ex-officio city 
assessor, one chief of police, one city attorney, and any other officer neces- 
sary to carry out the provisions of this title. The city council may prescribe 
the duties of all city officers, and fix their compensation, subject to the 
limitations contained in this title. 

History: En. Sec 4741. PoL 0. 1895; 
re-en. Sec. 3217, Bev. 0. 1907; re-en. Sec. 
4996, B. 0. M. 1921. 

11-703. (4997) Officers of towns. The officers of a town consist of one 
mayor and two aldermen from each ward, who must be elected by the 
qualified electors of the town as hereinafter provided. There may be ap- 

38 



CITIES AND TOWNS 11-709 



pointed by the mayor, with the advice and consent of the council, one 
clerk, who may be ex-officio assessor and a member of the council, and one 
treasurer, who may be ex-officio tax collector, and one marshal, who may 
be ex-officio street commissioner, and any other officers necessary to carry 
out the provisions of this title. The town council may prescribe the duties 
of all town officers, and fix their compensation, subject to the limitations 

contained in this title. 

History: En. Sec. 4742, Pol. C. 1895; 
re-«n. Sec. 3218, E«v. C. 1907; re-en. Sec. 
4997, B. C. M. 1921. 

11-707. (5001) City or town to be divided into wards. The first city or 
town council elected under the provisions of this title must divide the city 
or town into wards for election and other purposes, having regard to popula- 
tion so as to make them as nearly equal as possible. 

History: En. Sec. 4746, PoL O. 1895; 
re-en. Sec. 3222, Eev. 0. 1907; r»^n. Sec. 
5001, B. 0. M. 1921. 

11-708. (5002) Division of cities and towns into wards. Cities of the 
first class must be divided into not less than four nor more than ten wards ; 
cities of the second class into not less than three nor more than six wards ; 
and cities of the third class into not less than two nor more than four 
wards ; and towns into not less than two nor more than three wards. Pro- 
vided, however, that the town council may by ordinance reduce the number 
of wards in a town to only one if it so desires. All changes in the number 
and boundaries of wards must be made by ordinance, and no new ward 
must be created unless there shall be within its boundaries one hundred and 
fifty electors, or more. 

History: En. Sec. 4747, PoL 0. 1895; Oh. 74, L. 1909; re-en. Sec. 5002, B. O. M. 
re-en. Sec. 3223, Bev. 0. 1907; amd. Sec 1, 1921; amd. Sec. 1, Ch. 39, L. 1943. 

11-709. (5003) Annual elections in cities and towns — ^terms of office. 

On the first Monday of April of every second year a municipal election must 
be held, at which the qualified electors of each town or city must elect a 
mayor and two aldermen from each ward, to be voted for by the wards 
they respectively represent; the mayor to hold office for a term of two (2) 
years, and until the qualification of his successor; and each alderman so 
elected to hold office for a term of two (2) years, and until the qualifi- 
cation of his successor; and also in cities of the first, second and third 
class, a police judge and a city treasurer, who shall hold office for a term 
of two (2) years, and until the qualification of their successors; provided, 
however, that in all cities and towns when the term of office of the incum- 
bent mayor, alderman, police judge or city treasurer will not expire until 
the first Monday in May, 1936, a special election must be held on the first 
Monday in April, 1936, at which election a successor to such mayor, alder- 
man, police judge or city treasurer shall be elected for a term of one (1) 
year, and thereafter no election shall be held for the election of city officers, 
except every second year. 

History: Ap. p. Sec. 4, p. 122, L. 1893; 3224, Bev. 0. 1907; re-on. Sec. 5003, E. 
amd. Sec 4748, Pol. 0. 1895; re-en. Sec. 0. M. 1921; amd. Sec 1, Oh. 60, L. 1935. 

39 



11.710 ELECTION LAWS 



11-710. (5004) QuaMcation of mayor. No person shall be eligible 
to the office of mayor unless he shall be at least twenty-five (25) years 
old and a taxpaying freeholder within the limits of the city or town, and 
a resident of the state for at least three years, and a resident of the city 
or town or an area which has been annexed by the city or town for which 
he may be elected mayor two years next preceding his election to said 
office, and shall reside in the city or town for which he shall be elected 
mayor during his term of office. 

History: En. Sec. 8, p. 65, Ex. L. 1887; 3225, E«v. 0. 1907; re-«n. Sec. 6004, E. 0. 
amd. Sec. 4749, Pol. C. 1895; re-en. Sec. M. 1921; amd. Sec. 1, Oil. 76, L. 1961. 

11-711. (5005) Terms of aldermen — how decided. At the first annual 

election held after the organization of a city or town under this title, the 

electors of such city or town must elect two aldermen from each ward, who 

must, at the first meeting of the council, decide by lot their terms of office, 

one from each ward to hold for a term of two years, and one for the term of 

one year, and until the qualification of their successors. 

mstory: En. Sec. 4750, Pol. C. 1896; 
re-en. Sec. 3226, Bev. C. 1907; re-en. Sec. 
6006, B. C. M. 1921. 

11-712. (5006) Terms of ofllce — when to begin. The terms of all 

officers elected at a municipal election are to commence on the first Monday 

in May after such election. 

History: En. Sec. 4761, Pol. C. 1896; 
re-en. Sec. 3227, Eev. 0. 1907; re-en. Sec. 
6006, B. 0. M. 1921. 

11-713. (5007) Who eligfible. No person is eligible to any municipal 
office, elective or appointive, who is not a citizen of the United States, and 
who has not resided in the town or city or an area which has been annexed 
by such town or city for at least two years immediately preceding his 
election or appointment, and is not a qualified elector thereof. 

History: En. Sec. 365, 6th Div. Oomp. 5007, B. 0. M. 1921; amd. Sec. 2, Oh. 76, 
Stat. 1887; amd. Sec. 4752, Pol. 0. 1896; j,. 196I. 
re-en. Sec. 3228, Bey. 0. 1907; re-en. Sec. 

11-714. (5008) Qualification of aldermen. No person shall be eligible 
to the office of alderman unless he shall be a taxpaying freeholder within 
the limits of a city, and a resident of the ward so electing him, or a resi- 
dent of an area which has been annexed by the city or town and placed 
in a ward, for at least sixty (60) days preceding such election. 

History: En, Sec. 366, 6th Div. Comp. 6008, B. C. M. 1921; amd. Sec 3, Oh, 76, 
Stat. 1887; amd. Sec. 4763, Pol. 0. 1896; L. 1961; amd. Sec. 1, Ch. 144, L. 1967. 
re-en. Sec. 3229, Eev. 0. 1907; re-en. Sec. 

11-716. (5009) Registration of electors. The council must provide by 
ordinance for the registration of electors in any city or town, and may pro- 
hibit any person from voting at any election unless he has been registered : 
but such ordinance must not be in conflict with the general law providing 
for the registration of electors, and must not change the qualifications of 
electors except as in this title provided. However, when an area is annexed 
by a city or town after the date for registration has expired, opportunity 

40 



CITIES AND TOWNS 11-717 



must be provided for residents of such area to register, if otherwise qualified, 

for all future elections. 

History: En. Sec. 4754, Pol. O. 1895; 5009, R. 0. M. 1921; amd. 8^. 4, Oil. 76, 
re-«n. 8«c. 3230, Bav. C. 1907; re-en. Sec. L. 1961. 

11-716. (5010) QuaJiflcationa of electors. All qualified electors of the 
state who have resided in the city or town or an area which has been an- 
nexed by such city or town for six months and in the ward or an area 
which has been annexed and placed in a ward for thirty days next preced- 
ing the election are entitled to vote at any municipal election, including 
elections involving or held under the commission form of government, 
commission-manager plan or other form of municipal government. 

History: En. Sec. 4755, Pol. 0. 1895; 5010, B. C. M. 1921; amd. Sec. 5, Oil. 76, 
re-en. Sec. 3231, Rev. 0. 1907; re-en. Sec. L. 1961. 

11-717. (5011) Election judges and clerks — voting places. The coun- 
cil or other governing body must appoint judges and clerks of election, and 
places of voting. Where the city or town is divided into wards there must 
be at least one (1) voting place in each ward and there may be as many 
more as the council or other governing body shall fix, and the elector must 
vote in the ward in which he resides. In cities and towns divided into 
wards the election precincts must correspond with the wards, but a ward 
may be subdivided into several voting precincts, and when so divided the 
elector shall vote in the precinct in which he resides. In cities and towns 
operating under the commission, or the commission-manager plan of mu- 
nicipal government, where there are no wards for election purposes and the 
officers of the city or town are elected at large, the election precincts shall 
correspond with the election precincts in such city or town as fixed by the 
board of county commissioners for state and county elections, but such 
precincts may be by the city commission divided into as many voting 
precincts, to facilitate the voting and counting of the vote, as the city 
commission shall by ordinance provide, and the elector shall vote in the 
voting precinct so designated, in which he resides. For all municipal elec- 
tions the city council or other governing body may appoint a second or ad- 
ditional board of election judges for any voting precinct in which there 
were cast three hundred and fifty (350) or more votes in the last general 
city election or in which council or other governing body believes as many 
as three hundred and fifty (350) ballots will be cast in the next general city 
election, and such additional board of election judges shall have the same 
powers and duties, and under the same conditions, as the second or addi- 
tional board of election judges for general elections appointed by boards of 
county commissioners under the provisions of section 23-601. Provided 
that in municipal corporations of less than one thousand five hundred 
(1,500) population, as determined by the last official census, the council or 
other governing body may by ordinance provide that there shall be but 
one polling or voting place for municipal elections, notwithstanding the 
number of wards or precincts in the municipality otherwise provided for. 
All municipal elections must be conducted in accordance with the general 
laws of the state of Montana relating to such election. 

41 



11-718 ELECTION LAWS 



History: En. Sec. 1, Oh. 187, L. 1907; 1921; amd. Sec. 1, Ch. 19, L. 1969; amd. 
Sec. 3232, Bev. C. 1907; amd. Sec. 1, Ch. Sec. 1, CSi. 86, L. 1941; amd. Sec. 1, Oil. 
69, L. 1909; re-en. Sec. 5011, R. 0. M. 124, L. 1947; amd. Sec. 1, Ob. 14, L. 1956. 

11-718. (5012) Canvass — when and how made. On the Monday follow- 
ing any election, the council must convene and publicly canvass the result, 
and issue certificates of election to each person elected by a plurality of 
votes. When two or more persons have received an equal and highest 
number of votes for any one of the offices voted for, the council must there- 
after, at its first regular meeting, decide by vote between the parties which 
is elected. If the council from any cause fails to meet on the day named, 
the mayor must call a special meeting of the council within five days there- 
after, and, in addition to the notice provided for calling special meetings, 
must publish the same on two successive days in some newspaper published 
in such city or town. If the mayor fails to call said meeting within said 
five days, any three councilmen may call it. At such special meeting all 
elections, appointments, or other business may be transacted that could 
have been on the day first herein named. 

History: En. Sec. 4757, PoL 0. 1895; 
re-en. Sec. 3233, Bev. 0. 1907; re-en. Sec. 
5012, B. 0. M. 1921. 

11-719. (5013) Oath and bonds — vacancy. Each officer of a city or 
town must take the oath of office, and such as may be required to give bonds, 
file the same, duly approved, within ten days after receiving notice of his 
election or appointment ; or, if no notice be received, then on or before the 
date fixed for the assumption by him of the duties of the office to which he 
may have been elected or appointed, but if any one, either elected or ap- 
pointed to office, fails for ten days to qualify as required by law, or enter 
upon his duties at the time fixed by law, then such office becomes vacant ; 
or if any officer absents himself from the city or town continuously for ten 
days without the consent of the council, or openly neglects or refuses to dis- 
charge his duties, such office may be by the council declared vacant; or if 
any officer removes from the city or town, or any alderman from his ward, 
such office must be by the council declared vacant. 

History: En. Sec 4758, PoL O. 1895; 
re-en. Sec. 3234, Bev. 0. 1907; re-en. Sec. 

6013, B 0. M. 1921. 

11-720. (5014) When duties of office begin. The officers elected enter 

upon their duties the first Monday of May succeeding their election, and 

officers appointed by the mayor, with the advice and consent of the council, 

within ten days after receiving notice of their appointment. 

History: En. Sec. 4759, Pol. C. 1896; re- 
en. Sec. 3236, Bev. 0. 1907; re-en. Sec. 

6014, B. 0. M. 1921. 

11-721. (5015) Vacancies — ^how filled — removal of officer. When any 
vacancy occurs in any elective office, the council, by a majority vote of the 
members, may fill the same for the unexpired term, and until the qualifica- 

42 



CITIES AND TOWNS 11-966 



tion of the successor. A vacancy in the office of alderman must be filled 

from the ward in which the vacancy exists, but if the council shall fail to 

fill such vacancy before the time for the next election, the qualified electors 

of such city or ward may nominate and elect a successor to such oflBce. The 

council, upon written charges, to be entered upon their journal, after notice 

to the party and after trial by the council, by vote of two-thirds of all the 

members elect, may remove any officer. 

History: En. Sec. 1, Oh. 72, L. 1903; 
r»-en. Sec. 3238, Bev. O. 1907; re-«n. Sec. 
6016, B. O. M. 1921. 

CHAPTER 9 
POWERS OF CITY AND TOWN COUNCILS 

Section 11-964. Disposal or lease of city property — approval of electors, when required. 

11-966. Purposes for which indebtedness may be incurred — limitation — addi- 
tional indebtedness for sewer or water system — procuring water sup- 
ply and system — jurisdiction of public works appurtenances. 

11-988. Power of cities and towns to acquire natural gas and distributing sys- 
tem therefor. 

11-964. (5039.61) Disposal or lease of city property — approval of elec- 
tors, when required. The city or town council has power; to sell, dispose of, 
or lease any property belonging to a city or town, provided, however, that 
such lease or transfer be made by ordinance or resolution passed by a two- 
thirds vote of all the members of the council ; and provided further that if 
such property be held in trust for a specific purpose such sale or lease there- 
of be approved by a majority vote of taxpayers of such municipality cast 
at an election called for that purpose ; and provided further that nothing 
herein contained shall be construed to abrogate the power of the board of 
park commissioners to lease all lands owned by the city heretofore acquired 
for parks within the limitations prescribed by subdivision 5 of section 
62-204. 

History: En. Subd. 62, Sec. 5039, B. C. amd. Sec 1, Ch. 20, L. 1927; amd. Sec. 
M. 1921; amd. Sec. 1, Oh. 115, L. 1925; 1, Ch. 35, L. 1937. 

11-966. (5039.63) 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, 

43 



11-966 ELECTION LAWS 

reconstructing and repairing pavement, gutters, curbs and vehicle park- 
ing strips and to pay all or any portion of the cost thereof, and the funding 
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, sewage 
treatment and disposal plant, or sewerage system, until the proposition 
has been submitted to the vote of the taxpayers affected thereby of the 
city or town, and the majority vote cast in favor thereof; 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. 

(2) The additional indebtedness authorized, including all indebtedness 
theretofore contracted, which is unpaid or outstanding, for the construction 
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 ascertained by the 
last assessment for state and county taxes ; and, provided further, that the 
above limit of five per centum (5%) shall not be extended, unless the ques- 
tion 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 corpora- 
tions, and such person or persons, corporation or corporations, in pursuance 
thereof, or otherwise, have established or maintained a system 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 desires to 
purchase the plant and franchise and water supply of such person 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 proceed 
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 

44 



CITIES AND TOWNS 11-988 

providing the city or town with an adequate water supply for municipal and 
domestic purposes, the city or town council shall procure and appropriate 
water rights and title to the same, and the necessary real and personal prop- 
erty to make said rights and supply available, by purchase, appropriation, 
location, condemnation, or otherwise. 

(4) Cities and towns shall have jurisdiction and control over the ter- 
ritory 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 ordi- 
nances, the abatement of nuisances, and the general preservation of the 
purity of its water supply, with power to enact all ordinances and regula- 
tions 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. 

History: En. Subd. 64, Sec. 5039, E. C. 1953; amd. Sec. 1, Ch. 34, L. 1955; amd. 

M. 1921; amd. Sec. 1, Ch. 115, L. 1925; Sec. 1, Ch. 38, L. 1969; amd. Sec. 1, Ch. 

amd. Sec. 1, Ch. 20, L. 1927; amd. Sec. 1, 158, L. 1963. See also history of Sec. 

Ch. 35, L. 1947; amd. Sec. 1, Ch. 152, L. 11-901. 

11-988. (5039.85) Power of cities and towns to acquire natural gas and 
distributing system therefor. The city or town council has power to con- 
tract an indebtedness of a city or town upon the credit thereof by borrow- 
ing money or issuing bonds for the construction, purchase or development of 
an adequate supply of natural gas, and to construct or purchase a system of 
gas lines for the distribution thereof to the inhabitants of said city or town 
or vicinity; 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 three per centum (3%) of the total assessed valuation 
of the taxable property of the city or town as ascertained by the last assess- 
ment for state and county taxes, and provided further, that no money must 
be borrowed or bonds issued for the purposes herein specified until the 
proposition has been submitted to the vote of the taxpayers affected thereby 
of the city or town, and the majority vote cast in favor thereof. 
History: En. Sec. 1, Ch. 128, L. 1927. 



CHAPTER 10 
POWERS OF CITY AND TOWN COUNCILS (continued) 

Section 11-1008. Public baths. 

11-1015. Parking meters in cities or towns of 2,500 population or less. 

11-1016. Referendum on parking meters required before ordinance. 

11-1017. Existing meters and ordinances unaffected. 

11-1019. Operation of bus lines — contracting indebtedness. 

11-1020. Operation subject to Motor Carrier Act — exception. 

11-1021. Contracts or lease arrangements with independent carriers of pas- 
sengers — when authorized — levy of tax. 

11-1022. Bids for service — operation of carriers. 

45 



11-1008 ELECTION LAWS 

11-1008. (5045) Public baths. All cities or towns incorporated under 
the laws of the state of Montana, in addition to other powers conferred upon 
them, are hereby empowered and authorized to establish and maintain a 
public bathing place within said city or town, and to defray the cost and 
expense of maintaining said public bathing place, said city or town is hereby 
authorized and empowered to contract an indebtedness, upon behalf of said 
city or town, upon the credit thereof, by borrowing money or issuing bonds ; 
provided, that no money may be borrowed, and no bonds may be issued for 
said purpose, until the proposition has been submitted to the vote of the tax- 
payers affected thereby of the city or town, and a majority vote be cast 
therefor. 

History: En. Sec. 1, Oh. 12, L. 1906; 
re-en. Sec. 3294, Eev. C. 1907; re-en. Sec. 
6045, B. C. M. 1921. 

11-1015. Parking meters in cities or towns of 2,500 population or leas. 

Any city or town council of any incorporated city or town of twenty-five 
hundred (2500) population or less is hereby empowered to enact an ordi- 
nance or ordinances: 

(a) To purchase, rent, lease or otherwise acquire coin operating park- 
ing meters, or other devices, or instruments used for the purpose of measur- 
ing the duration of time an automobile or other vehicle is parked. 

(hj To install, maintain and operate said meters, devices or instruments 
at or near any public street, highway, avenue or other public place within 
the corporate limits of .such city or town. 

(c) To provide for such regulations as necessary to govern the use of 
its public streets, highways, avenues or other public places for the purpose 
of parking automobiles or other vehicles, and the use of said meters, devices 
or instruments in conjunction therewith, including the establishment and 
designation of zones or areas where said meters, devices or instruments are 

to be used. 
History: En. Sec. 1, Ch. 91, L. 1949. 

11-1016. Referendum on parking meters required before ordinance. 

Provided, however, that no ordinance or ordinances providing for the pur- 
chasing, renting, leasing or otherwise acquiring or installing, maintaining, 
operating or using such parking meters, devices or instruments shall be 
enacted until and unless the question of whether or not such ordinance 
or ordinances shall be enacted has been submitted to the qualified electors 
of such city or town at a general election or special election called for that 
purpose, and unless at such election a majority of the votes cast for and 
against the question shall have been in favor of the enacting of said ordi- 
nance or ordinances. 
History: En. Sec. 2, Ch. 91, L. 1949. 

11-1017. Existing meters and ordinances unaffected. Nothing herein 
contained shall affect the validity of any ordinance relating to parking 
meters or similar devices or instruments heretofore adopted by any city or 
town, or any extension thereof hereafter made. 
History: En. Sec. 3, Oh. 91, L. 1949. 

46 



CITIES AND TOWNS 11-1021 

11-1019. Operation of bus lines — contracting indebtedness. Whenever 
a city or town is not being served by a bus company or operator, operating 
on a regular schedule, and under the jurisdiction of the Montana railroad 
and public service commission or if such service is to be or is likely to be 
discontinued in the immediate future, the city or town council of any 
incorporated city or town shall have the power to contract an indebtedness 
of any such city or town upon the credit thereof by borrowing money or 
issuing bonds for the purchase, development, operation or leasing of -motor 
buses and bus lines for the transportation of passengers within the corpo- 
rate limits of such cities and towns, and to operate the same to any point 
or points beyond said limits not to exceed eight (8) miles, measured along 
the route of said bus line ; provided that the total amount of indebtedness 
authorized to be contracted in any form, including the then existing in- 
debtedness must not at any time exceed five per centum (5%) of the total 
assessed valuation of the taxable property of the city or town as ascer- 
tained by the last assessment for state and county taxes, and provided 
further, that no money must be borrowed or bonds issued for the purposes 
herein specified until the proposition has been submitted to the vote of 
the taxpayers affected thereby of the city or town, and the majority vote 
cast in favor thereof. 

History: En. Sec 1, Oil. 101, L. 1951; 
amd. Sec 1, Oh. 211, L. 1955; amd. Sec. 1, 
Oh. 120, L. 1957. 

11-1020. Operation subject to Motor Carrier Act — exception. The said 

city or town council or commission shall have authority to provide for the 

management and operation of said system ; and to do all the things necessary 

for the successful operation of said transportation system. Such operations 

shall be subject to all the provisions of the Motor Carrier Act (sections 8-101 

to 8-129, Revised Codes of Montana, 1947) except that such mimicipality 

may be issued a certificate of public convenience and necessity without 

proof of the existence of public convenience and necessity, and except that 

the municipality shall be exempt from the payment of fees provided by 

sections 8-116 and 8-127, Revised Codes of Montana, 1947. 

History: En. Sec. 2, Oh. 101, L. 1951; 
amd. Sec. 1, Ch. 211, L. 1955; amd. Sec. 1. 
Oh. 120, L. 1957. 

11-1021. Contracts or lease arrangements with independent carriers of 
passengers — when authorized — levy of tax. Whenever a city or town is 
not being served by a bus company or operator, operating on a regular 
schedule, and under the jurisdiction of the Montana railroad and public 
service commission or if such service is to be, or is likely to be, discontinued 
in the immediate future, the city or town council of any incorporated 
city or town shall have the power to enter into a contract or contracts, or 
to enter into a lease or a lease and operating agreement, with an independ- 
ent carrier or independent carriers for the transportation of passengers 
by bus within the corporate limits of such city or town and to and from 
any point or points beyond said limits not to exceed eight (8) miles 
measured along the route of said bus line or lines ; and for the purpose of 

47 



11-1022 ELECTION LAWS 

raising the necessary moneys to defray the cost of such transportation 
service pursuant to such contract or contracts, lease or lease and operating 
agreement, with such independent carrier or carriers the city or town 
council shall have power to annually levy a tax on the taxable value of 
all taxable property within the limitis of such city or town ; provided, 
however, that whenever the council of such city or town shall deem it 
necessary to raise money by taxation for such purpose in excess of the 
levy now allowed by law the council of such city or town shall in the manner 
prescribed by law, submit the question of such additional levy to the legal 
voters of such city or town who are taxpaying freeholders therein, either 
at the regular annual election held in said city or town, or at a special 
election called for that purpose by the council of such city or town ; prcr- 
vided, however, that such additional levy in excess of the levy now allowed 
by law shall not exceed one and one-half (IV2) mills. 

History: En. Sec. 3, Ch. 211, L. 1955; 
amd. Sec. 1, Ch. 120, L. 1957. 

11-1022. Bids for service — operation of caxriers. The said city or town 
council shall have power and authority to call for bids from independent 
carriers for such transportation service, and to do all things necessary or 
proper for establishment and maintenance of such transportation service 
by contract, lease or lease and operating agreement. 

History: En. Sec. 4, Oh. 211, L. 1966; 
amd. Sec. 1, Oil. 120, L. 1967. 

CHAPTER 11 
ORDINANCES— INITIATIVE AND BETEBENDUM 

Section 11-1104. Initiative in cities — petition. 

11-1105. Submission of question at regular election. 

11-1106. No ordinance to be effective until thirty days after passage. 

11-1107. Referendum petition. 

11-1108. Beferendum to be had at regular election. 

11-1109. Special election may be ordered. 

11-1110. Proclamation of election. 

11-1111. Ballots and method of voting. 

11-1112. Qualifications of voters. 

11-1113. Forms of petitions and conduct of proceedings. 

11-1114. To what ordinances applicable. 

11-1104. (5058) Initiative in cities — petition. (1) Ordinances may be 
proposed by the legal voters of any city or town in this state, in the 
manner provided in this act. Fifteen per cent (15%) of the legal voters 
of any city or town may propose to the city or town council an ordinance 
on the subject within the legislative jurisdiction and powers of such city 
or town council, or an ordinance amending or repealing any prior ordi- 
nance or ordinances. Such petition shall be filed with the city or town 
clerk. It shall be the duty of the city or town clerk to present the same 
to the council at its first meeting next following the filing of the petition. 
The council may, within sixty (60) days after the presentation of the 
petition to the council, pass an ordinance similar to that proposed in the 
petition, either in exact terms or with such changes, amendments, or 

48 



CITIES AND TOWNS 11-1104 

modifications as the council may decide upon. If the ordinance proposed 
by the petition be passed without chan^'e, it shall not be submitted to the 
people, unless a petition for referendum demanding such submission shall 
be filed under the provisions of this act. 

(2) If the council shall have made any change in the proposed ordi- 
nance, a suit may be brought in the district court in and for the county 
in which the city or town is situated, to determine whether or not the 
change is material. Such suit may be brought in the name of any one or 
more of the petitioners. The city shall be made the party defendant. Any 
elector of the city or town may appear in such suit in person or by 
counsel on the hearing thereof, but the court shall have the power to 
limit the number of counsel who shall be heard on either side, and the 
time to be allowed for argument. It shall only be necessary to state in 
the complaint that a petition for an ordinance was filed in pursuance of 
this act; that the city council passed an ordinance on the subject different 
from that proposed in the petition; and that the plaintiff desires a con- 
struction of the ordinance so passed to determine whether or not it differ 
materially from that proposed. The petition and the ordinance proposed 
thereby, and the ordinance actually passed, may be set out in the com- 
plaint, or copies thereof annexed to the complaint. The names to the 
petition need not be set out. Such cases shall be advanced and brought 
to hearing as speedily as possible, and have precedence over other cases, 
except criminal and taxation cases. 

(3) The court shall have jurisdiction in such cases to determine 
whether or not the change made by the city council is material, and also 
whether the petition was regular in form or substance, and shall also 
have power to decide, if the fact be put in issue by the defendant, whether 
or not the petition was signed by a sufficient number of voters and was 
regular in form. If the court shall decide that the change was material 
and that the petition was regular in form and signed by a sufficient 
number of legal voters, then the ordinance proposed by the petition shall 
be submitted to the people as provided in this act. If the court shall decide 
that the ordinance passed by the council was not materially different from 
that proposed in the petition, or the petition was not regular in form, or 
not signed by a sufficient number of legal voters, the ordinance shall not 
be submitted to the people. If the court shall decide that the changes 
made by the council were material, but that the petition was irregular for 
some reason, or not properly or sufficiently signed, a new petition, regular 
in form, may be presented by the required number of legal voters, asking 
the council to submit such ordinance to the people, and thereupon the 
same shall be so submitted as provided in this act. 

(4) If the council shall not, within sixty days, pass an ordinance 
on the subject of the ordinance proposed in the petition, then the ordinance 
proposed by the petition shall be submitted to the people. Before sub- 
mitting such ordinance to the people, the mayor or city or town council 
may direct that a suit be brought in the district court in and for the county, 
in the name of the city or town, to determine whether the petition and 
ordinance are regular in form, and whether the ordinance so proposed 

49 



11-1105 ELECTION LAWS 

would be valid and constitutional. The complaint shall name as defendants 
not less than ten nor more than twenty of the petitioners. In addition to 
the names of such defendants, in the caption of the complaint, there shall 
be added the words, "and all petitioners whose names appear on the petition 

for an ordinance filed on the day of , in the year 

," stating the date of filing. The summons shall be similarly 

directed and shall be served on the defendants named therein, and in addi- 
tion thereto shall be published at least once, at the expense of the city, in 
at least one newspaper published in the city or town. 

(5) In all suits brought under this section the decision of the district 
court shall be final except in cases where it shall decide that the proposed 
ordinance would be unconstitutional or invalid as being beyond the powers 
of the city or town council, and in such excepted cases the petitioners, 
or any of them, may appeal to the supreme court as in other cases, but 
shall not be required to give any bond for costs. The decision of the 
district court holding such ordinance valid or constitutional shall not, 
however, prevent the question being raised subsequently, if the ordinance 
shall be passed and go into effect, by anyone affected by the ordinance. 
No costs shall be allowed to either side in suits or appeals under this section. 

(6) If an ordinance shall be repealed pursuant to a proposal initiated 
by the legal voters of a city or town, as in this section provided, the city 
or town council may not, within a period of two years thereafter, re-enact 
such ordinance or any ordinan-ce so similar thereto as not to be materially 
different therefrom. If during such two-year period the council shall enact 
an ordinance similar to the one repealed pursuant to initiative of the voters, 
a suit may be brought to determine whether such new ordinance be a re- 
enactment without material change of the one so repealed, and the pro- 
visions of subsections 2 and 3 hereof shall apply to such suit and determina- 
tion of the issues arising thereon. Nothing herein contained shall prevent 
exercise of the initiative herein provided for, at any time, to procure a re- 
enactment of an ordinance repealed pursuant to initiative of the voters. 

History: En. Ch. 167, L. 1907; Sec. R. C. M. 1921; amd. Sec, 1, CIl 24, L. 

3266, Rev. O. 1907; re-eix. Sec. 6058, 1951; amd. Sec. 1, Ch. 126, L. 1967. 

11-1105. (5059) Submission of question at regular election. Any ordi- 
nance proposed by petition as aforesaid, which shall be entitled to be sub- 
mitted to the people, shall be voted on at the next regular election to be held 
in the city or town, unless the petition therefor shall ask that the same be 
submitted at a special election, and such petition be signed by not less than 
fifteen per cent of the electors qualified to vote at the last preceding munici- 
pal election. 

History: En. Oh. 167, L. 1907; Sec. 

3267, Rev. 0. 1907; re-en. Sec. 5069, R. C. 
M. 1921. 

11-1106. (5060) No ordinance to be effective until thirty days after 
paasage. No ordinance or resolution passed by the council of any city or 
town shall become effective until thirty days after its passage, except gen- 
eral appropriation ordinances providing for the ordinary and current ei- 

50 



CITIES AND TOWNS 11-1110 

penses of the city or town, excepting also emergency measures, and in the 
case of emergency measures the emergency must be expressed in the pre- 
amble or in the body of the measure, and the measure must receive a two- 
thirds vote of all the members elected. In emergency ordinances the resolu- 
tions shall include only such measures as are immediately necessary for the 
preservation of peace, health, and safety, and shall not include a franchise 
or license to a corporation or individual, nor any provisions for the sale of 
real estate, nor any lease or letting of any property for a period exceeding 
one year, nor the purchase or sale of personal property exceeding five thou- 
sand dollars in value. 

Hlatory: En. C!i. 167, L. 1907; Sec. 
3268, Rev. 0. 1907; re-en. Sec. 5060, E. C. 
M. 1921. 

11-1107. (5061) Referendum petition. During the thirty (30) days 

following the passage of any ordinance or resolution, ten per cent (10%) 

of the qualified electors of the city or town may, by petition addressed to 

the council and filed with the clerk of the city or town, demand that such 

ordinance or resolution, or any part or parts thereof, shall be submitted 

to the electors of the city or town. 

History: En. Ch. 167, L. 1907; re-en. 
Sec. 3269, Rev. 0. 1907; re-en. Sec. 5061, 
R. C. M. 1921; amd. Sec. 1, Ch. 94, L. 
1967. 

11-1108. (5062) Beferendmn to be had at r^ftdar election. Any meas- 
ure on which a referendum is demanded under the provisions of this act shall 
be submitted to the electors of the city or town at the next municipal elec- 
tion; provided, the petition or petitions shall have been filed with the city 
clerk at least thirty days before such election. If such petition or petitions 
be signed by not less than fifteen per cent of the qualified electors of the 
city or town, the measure shall be submitted at a special election to be held 
for the purpose. 

History: En. Ch. 167, I*. 1907; r»-«ii. 
Sec. 3270, Rey. C. 1907; re-en. Sec. 5062, 
E. O. M. 1921. 

11-1109. (5063) Special election may be ordered. The city or town 

council may in any case order a special election on a measure proposed by the 

initiative, or when a referendum is demanded, or upon any ordinance 

passed by the city or town council, and may likewise submit to the electors, 

at a general election, any ordinance passed by the city or town council. 

History: En. Ch. 167, L. 1907; re-en. 
Sec. 3271, Rev. 0. 1907; re-en. Sec. 5063, 
R. O. M. 1921. 

11-1110. (5064) Proclamation of election. Whenever a measure is 
ready for submission to the electors, the clerk of the city or town shall, in 
writing, notify the mayor thereof, who, forthwith, shall issue a proclamation 
setting forth the measure and the date of the election or vote to be had 
thereon. Said proclamation shall be published four days in four consecu- 
tive weeks in each daily newspaper in the municipality, if there be such, 

51 



11-1111 ELECTION LAWS 



otherwise in the weekly newspapers published in the city or town. In case 

there is no weekly newspaper published, the proclamation and the measure 

shall be posted conspicuously throughout the city or town 

History: En. Oh. 167, L. 1907; re-en. 
Sec. 3272, Bev. 0. 1907; re-en. Sec. 6064, 
B. C. M. 1921. 

11-1111. (5065) Ballots and method of voting. The question to be bal- 
loted upon by the electors shall be printed on the initiative or referendum 
ballot, and the form shall be that prescribed by law for questions submitted 
at state elections. The referendum or initiative ballots shall be counted, 
canvassed, and returned by the regular board of judges, clerks, and officers, 
as votes for candidates for office are counted, canvassed, and returned. 
The returns for the questions submitted by the voters of the municipality 
shall be on separate sheets, and returned to the clerk of the municipality. 
The returns shall be canvassed in the same manner as the returns of regular 
elections for municipal officers. The mayor of the municipality shall issue 
his proclamation, as soon as the result of the final canvass is known, giving 
the whole number of votes cast in the municipality for and against such 
measure, and it shall be published in like manner as other proclamations 
herein provided for. A measure accepted by the electors shall take effect 
five days after the vote is officially announced. 

History: En. Sec. 167, L. 1907; re-en. 
Sec. 3273, Bev. 0. 1907; re-en. Sec. 5065, 
B. C. M. 1921. 

11-1112. (5066) Qualifications of voters. The qualifications for voting 

on questions submitted to the electors, under the provisions hereof, shall be 

the same as those required for voting at municipal elections in the city or 

town at elections for mayor or aldermen thereof. And where, by the laws of 

the state, or by ordinance of the city or town made in pursuance thereof, 

electors are required to register in order to be qualified to vote at municipal 

elections, the registration book or books shall be prima facie evidence of 

the right to sign any petition herein provided for. 

History: En. Oil. 167, L. 1907; re-en. 
Sec. 3274, Bev. 0. 1907; re-en. Sec. 5066, 
B. 0. M. 1921. 

11-1113. (5067) Forms of petitions and conduct of proceedings. The 

form of petitions and the proceedings under this act shall conform as nearly 

as possible, with the necessary changes as to details, to the provisions of 

the laws of the state relating to the initiative and referendum, and be 

regulated by such laws, except as otherwise provided in this act. The city 

clerk shall perform the duties which, under the state laws, devolve upon 

the county clerk and secretary of state, insofar as the provisions relating 

thereto may be made to apply to the case of the city or town clerk ; but it 

shall not be necessary to mail or distribute copies of the petitions or 

measures to the electors of the city or town. 

History: En. Oh. 167, L. 1907; re-en. 
Sec. S27&, Bev. 0. 1907; re-en. Sec. 6067, 
B. O. M. 1921. 

52 



CITIES AND TOWNS 11-1202 

11-1114. (5068) To what ordinances applicable. The provisions of this 
act regarding the referendum shall not apply to ordinances which are re- 
quired by any other law of the state to be submitted to the voters or the 
electors or taxpayers of any city or town. 

History: En. Ch. 167, L. 1907; re-ea. 
Sec. 3276, Rev. C. 1907; re-en. Sec. 6068, 
B. C. M. 1921. 



CHAPTER 12 

CONTRACTS AND FRANCHISES 

Section 11-1202. Awarding contracts — advertisement — limitations — installments — sales 
of supplies— construction of buildings — purchases from government 
agencies — exemptions. 

11-1206. Franchise, how granted. 

11-1207. Grant of franchise must be submitted to tax-paying freeholders. 

11-1208. Same — notice of election. 

11-1209. When voted, council must pass ordinance. 

11-1202. (5070) Awarding- contracts — advertisements — limitations — in- 
stallments — sales of supplies — construction of buildings — purchases from 
government agencies — exemptions. All contracts for the purchase of any 
automobile, truck, or other vehicle or road machinery, or for any other 
machinery, apparatus, appliances, or equipment, or for any materials or 
supplies of any kind, or for the construction of any building, for which 
must be paid a sum exceeding two thousand five hundred dollars ($2,- 
500.00), must be let to the lowest responsible bidder after advertisement 
for bids ; provided that no contract shall be let extending over a period of 
five (5) years or more without first submitting the question to a vote of 
the taxpaying 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 
newspaper, and if not it shall be made in a daily newspaper of general: 
circulation published in the city or tOAvn. if there be such, otherAvise by 
posting in three (3) of the most public places in the city or town. Such 
advertisement if by publication in a newspaper sliall 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) daj-s before the 
consideration of bids. Jf 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 meeting 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, fiood, 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 (%) of the members of the council present at the meeting, 
duly recorded in the minutes of the proceedings of the council by aye 

53 



11-1206 ELECTION LAWS 

and na}^ 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 
two thousand five hundred dollars ($2,500.00) the council may provide for 
the payment of such an amount in installments extending over a period 
of not more than five (5) years; provided that when such amount is ex- 
tended over a term of two (2) years at least forty per centum (407c) 
thereof shall be paid the first year and the remainder the second year, 
and when such amount is extended over a term of three (3) years, at least 
one-third (1/3) thereof shall be paid each year, and if such amount is 
extended over a term of four (4) years, at least one-fourth (1/4) is to be 
paid each year, and if such amount is extended over a term of five (5) 
years, at least one-fifth (1/5) is to 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 portion 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 
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, Avhen 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. 

History: En. Sec. 1, Ch. 48, L. 1907; 153, L. 1947; amd. Sec. 1, Ch. 139, L. 

Sec. 3278, Rev. C. 1907; re-en. Sec, 5070, 1949; amd. Sec. 1, Ch. 220, L. 1959; amd. 

R. C. M. 1921; amd. Sec. 1, Ch. 22, L. Sec. 1, Ch. 26, L. 1963; amd. Sec. 1, Ch. 

1927; amd. Sec. 1, Ch. 18, L. 1939; amd. 121, L. 1969. 
Sec. 1, Ch. 59, L. 1941; amd. Sec. 1, Ch. 

11-1206. (5074) Franchise, how granted. The council must not grant 
a franchise or special privilege to any person save and except in the manner 
specified in the next section. The powers of the council are those only ex- 
pressly prescribed by law and those necessarily incident thereto. 

History: En. Sec. 4813, Pol. C. 1896; Ch. 29, L. 1921; re-on. Sec. 5074, R. C. M. 
re-en. Sec. 3290, Eev. 0. 1907; amd. Sec. 1, 192L 

11-1207. (5075) Grant of franchise must be submitted to tajc-paying 
freeholders. No franchise for any purpose whatsoever shall be granted by 

54 



CITIES AND TOWNS 11-1703 

any city or town, or by the mayor or city council thereof, to any person or 

persons, association, or corporation, without first submitting the application 

therefor to the resident freeholders whose names shall appear on the city 

or county tax-roll preceding such election^ 

History : En. Sec. 1, Ch. 86, L. 1903; 5076, E. 0. M. 1921. 
re-«n. Sec. 32dl, Eev. O. 1907; re-en. Sec. 

11-1208. (5076) Same — ^notice of election. A notice of such election 
must be published at least in one daily newspaper, if there be one published 
in the city or town, and if not, in some weekly newspaper of general circula- 
tion, at least once a week for three successive weeks, and such notice must 
be posted in three public places in the city or town. The notice must state 
the time and place of holding the election, and the character of any such 
franchise applied for, and the valuable consideration, if any there be, to be 
derived by the city. At such election the ballots must contain the words, 
"For granting franchise," "Against granting franchise," and in voting, 
the elector must make a cross thus, "X," opposite the answer he intends to 
vote for. Such election must be conducted and canvassed and the return 
made in the same manner as other city or town elections. 

History: En. Sec 2, Ch. 86, L, 1903; 
re-en. Sec. 3292, Rev. C. 1907; re-en. Sec. 
6076, K. C. M. 1921. 

11-1209. (5077) When voted, council must pass ordinance. If the 

majority of the votes cast at the election be "For granting franchise," the 

mayor and city council must thereupon grant the same by the passage and 

approval of a proper ordinance. 

History: En. Sec. 3, Ch. 85, L. 1903; 
re-en. Sec. 3293 Eev. C. 1907; re-en. Sec. 
5077, E. C. M. 1921. 

CHAPTER 17 

MUNICIPAL COURTS 

Section 11-1703. Election of judges — tenn of office. 

11-1703. (5094.3) Election of judges— term of office. There shall be 
elected at the general city election in the year 1936 in all cities with a popu- 
lation of twenty thousand (20,000) and over, one judge of municipal court. 
The term of such judge so elected shall commence on the first Monday in 
May, 1936, and terminate on the first Monday in May, 1938. Thereafter, 
judges of municipal courts shall be elected at the general city elections in 
all even numbered years. Such judges shall hold office for the term of 
two years from the first Monday of May in the year in which they are 
elected and until their successor is elected and qualified. All elections of 
municipal judges shall be under and governed by the laws applicable to 
the election of city officials, except that the names of candidates for munici- 
pal judge shall be placed on the ballot to be used at such election without 
aiiy party designation or any statement, measure or principal which the 
candidate advocates or any slogan after his name. 
History: En. Sec. 3, Ch. 177, L. 1936. 

65 



11-2010 ELECTION LAWS 



CHAPTER 20 



FIBE PBOTECTION IN UNINCORPOEATED TOWNS— FIRE WARDENS 

COMPANIES AND DISTRICTS ' 

Section 11-2010. Trustees of fire districts — mutual aid agreements. 

11-2010. (5149) Trustees of fire districts — ^mutual aid agreements. 

(a) Whenever the board of county commissioners shall have established 
a fire district in any unincorporated territory, town or village, said com- 
missioners may contract with a city, town or private fire company to 
furnish fire protection for property within said district, or shall appoint 
five qualified trustees to govern and manage the affairs of the fire district, 
who shall hold office until their successors are elected and qualified, as 
hereinafter provided. Qualifications of electors and trustees, terms of office, 
vacancies, manner and date of elections, shall, as far as possible, be the 
same as provided in the school election laws for school districts of the 
second class; except, that only electors who are taxpayers affected by the 
special fire district levies may vote at such elections, and be qualified to 
serve as trustees; and except, also, there need be no special registration 
of electors. 

(b) Power of trustee. The trustees shall organize by choosing a chair- 
man, and appointing one member to act as secretary. They shall prepare 
and adopt suitable by-laws; appoint and form fire companies that shall 
have the same duties, exemptions, and privileges as other fire companies. 
The trustees shall have the authority to provide adequate and standard 
fire-fighting apparatus, equipment, housing and facilities for the protection 
of the district; and shall prepare annual budgets and request special levies 
therefor. The budget laws relating to county budgets, shall, as far as 
applicable, apply to fire districts. 

(c) The trustees of such fire district may contract with the council 
of any city or town, or with the trustees of any other fire district 
established in any unincorporated territory, toAvn or village, lying within 
five (5) miles of the farthest limits of the district, whether such city 
or town or other fire district shall lie within the same county or another 
county, for the extension of fire protection service by such city or town, 
or by such other fire district, to property included within the district, 
and may agree to pay a reasonable consideration therefor, provided, that 
the owners of ten per cent (10%) of the taxable value of the property in 
any fire district may elect to make a contract with the city fire department 
for fire protection, or to be included in the fire district protection fa- 
cilities. Likewise, the trustees may contract to permit the fire district 
equipment and facilities to be used by or for such cities or towns lying 
within the district, or by such cities, towns, or other fire districts lying 
within five (5) miles of the farthest limits of the district. Likewise, the 
trustees may enter into contracts with public or private parties under 
which the district fire company may extend fire protection to public or 
private property lying more than one (1) mile outside of the district or 
any other district or city limits, but Avithin five (5) miles of the farthest 

66 



CITIES AND TOWNS 11-2010 

limits of the district, vvlietlior such puhlic or private property shall lie 
within the same comity or aiiotlier county; and the distri(;t fire company' 
may use the fire district equi})iuent and facilities outside of the district in 
the performance of such contracts. All moneys received from such con- 
tracts shall be deposited in the county treasurer's office and credited to the 
fire district fund holding such contracts. 

(d) A mutual aid agreement is an agreement for protection against 
natural or man-made disasters. Fire district trustees maj' enter such 
agreements with the proper authority of 

(1) other fire districts 

(2) unincorporated municipalities 

(3) incorporated municipalities 

(4) state agencies which have fire prevention services 

(5) private fire prevention agencies 

(6) federal agencies. 

History: En. Sec. 1, Ch. 107, L. 1911; Sec. 2, Ch. 75, L. 1953; amd. Sec. 2, Ch. 

amd. Sec. 1, Ch. 19, L. 1921; re-en. Sec. 77, L. 1959; amd. Sec. 1, Ch. 2, L. 1965; 

5149, R. C. M. 1921; amd. Sec. 1, Ch. 130, amd. Sec. 1, Ch. 333, L, 1969. 
L. 1925; amd. Sec. 3, Ch. 97, L. 1947; amd. 



57 



11-2217 ELECTION LAWS 

CHAPTER 22 
SPECIAL IMPROVEMENT DISTRICTS 

Section 11-2217. Cities and towns may establish sewage treatment and disposal plants 
and systems and water supply and distribution systems. 

11-2218. May issue revenue bonds — sinking fund — refunding revenue bonds. 

11-2271. Loans from revolving fund for paying improvement district warrants 
— authorization by electors. 

11-2275. Creation and maintenance of fund. 

11-2276. Issuance of bonds — submission to electors. 

11-2217. Cities and towns may establish sewag-e treatment and disposal 
plants and systems and water supply and distribution systems. Any city 
or town may when authorized so to do by a majority vote of the qualified 
electors voting on the question establish, build, construct, reconstruct 
and/or extend a storm and/or sanitary sewerage system and/or a plant or 
plants for treatment or disposal of sewage therefrom, or a water supply 
and/or distribution system, or any combinations of such systems, and may 
operate and maintain such facilities for public use, and in addition to all 
other powers granted to it, such municipality shall have authority, by 
ordinance dul}' adopted by the governing body to charge just and equitable 
rates, charges or rentals for the services and benefits directly or indirectly 
furnished thereby. Such rates, charges or rentals shall be as nearly as 
possible equitable in proportion to the services and benefits rendered, and 
sewer charges may take into consideration the quantity of sewage produced 
and its concentration and water pollution qualities in general and the cost 
of disposal of sewage and storm waters. The sewer charges may be fixed 
on the basis of water consumption or any other equitable basis the govern- 
ing body may deem appropriate and, if the governing body determines that 
the sewage treatment and/or storm water disposal prevents pollution of 
sources of water supply, may be established as a surcharge on the water 
bills of water consumers or on am' other equitable basis of measuring the 
use and benefits of such facilities and services. In the event of nonpayment 
of charges for either water or sewer service and benefits to any premises, 
the governing body may direct the supply of water to such premises to be 
discontinued until such charges are paid. 

In this act "qualified electors" shall mean registered electors of the 
municipality whose names appear upon the last preceding assessment roll 
for state and county taxes as taxpayers upon property within the munici- 
pality. The question of building, constructing, reconstructing or extending 
the system, plant or plants and the question of issuing and selling revenue 
bonds for such purpose may be submitted as a single proposition or as 
separate propositions. Any election under this act may be called by a 
resolution of the governing body which it may adopt without being pre- 
viously petitioned to do so. 

History: En. Sec. 1, Oh. 149, L. 1»43; 
amd. B«c. 1, Oh. 100, L. 1947; amd. Sec. 1, 
Oh. 98, L. 1966. 

11-2218. May issue revenue bonds — sinking fund — refunding revenue 
bonds. (1) Any such municipality may issue and sell negotiable revenue 

58 



CITIES AND TOWNS 11-2218 

bonds for the construction of any such water or sewer system or combined 
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 interest cost, 
computed to the stated bond maturity dates, of not 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 ownership of principal only with 
the treasurer of said municipality, if so directed 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 resolution 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 interest 
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 ac- 
quired, up to an amount sufficient to provide for the payment of the prin- 
cipal and the interest on the bonds as such principal and interest shall 
become due and payable, and to accumulate and maintain reserves securing 
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 
construed to mean all the gross income from said system less normal, 
reasonable 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, 

59 



11-2218 ELECTION LAWS 

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 nothing 
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 suflBcient, 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 additional 
bonds after authorization by the qualified electors in the manner herein- 
above 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 re- 
strictions 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 i.ssue with the issue authorized by the electors for reconstruction, 
improvements 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 prin- 
cipal or interest for the payment of which revenues on hand are not 
suflficient, 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 outstanding bonds, 
as applied to circumstances existing on the date of refunding. Except as 
authorized in the preceding sentence, refunding bonds shall not be issued 
unless their average annual interest rate, computed to their stated ma- 
turity dates and excluding any premium from such computation, is at least 
three-eighths of one per cent (3/8 of 1%) less than the average annual 
interest rate on the bonds refunded thereby, computed 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 
interest, shall be deposited in escrow with a suitable bank or trust cuui- 
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 

60 



CITIES AND TOWNS 11-2271 

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 prin- 
cipal amount of each such bond at maturity, or, if prepayable, 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 following 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 simul- 
taneously 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 municipality 
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 outstand- 
ing 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 reso- 
lutions authorizing such outstanding bonds. 

History: En. Sec. 2, Ch. 149, L. 1943; 
amd. Sec. 1, Ch. 146, L. 1951; amd. Sec. 
2, Ch. 98, L. 1955; amd. Sec. 1, Ch. 38, 
L. 1957; amd. Sec. 1, Ch. 51, L. 1963. 

11-2271. (5277.3) Loans from revolving fund for paying improvement 
district warrants — authorization by electors. (1) Whenever any special 
improvement district bond or warrant, or any interest thereon, shall be, 
at the time of the passage of this act, or shall thereafter become due and 
payable, and there shall then be either no money or not sufficient money in 
the appropriate district fund with which to pay the same, an amount suffi- 
cient to make up the deficiency may, by order of the council, be loaned by 
the revolving fund to such district fund, and thereupon such bond or war- 
rant or such interest thereon, or in case of such bonds or warrants due at 
the time of the passage of this act, such part of the amount due on such 
bond or warrant, whether it be for principal or for interest or for both as 
the council may in its discretion elect or determine, shall be paid from the 
money so loaned or from the money so loaned when added to such insuffi- 

61 



11-2275 ELECTION LAWS 

cient amount, as the case may require ; provided, however, that the above 
provisions of sections 11-2269, 11-2270 and 11-2271 of this code shall not ap- 
ply to any district or districts heretofore created, unless and until, at an 
election, either the regular annual municipal election or a special election 
called by the council, a majority of the electors whose names appear as the 
owners of property in the city or town on the last completed tax roll of the 
county in which the city or town is situated, shall authorize the city or 
town council to proceed thereunder, such election to be called and con- 
ducted in the manner and under such regulations as the council may pro- 
vide. At such election no person other than such qualified elector and 
taxpayer shall vote on said question, and a majority of those voting thereat 
shall be sufficient to determine, and shall determine, the question whether 
the council be authorized or not to proceed under sections 11-2269, 11-2270 
and 11-2271 of this code. 

(2) In connection with any public offering of special improvement 
district bonds or warrants, the city or town council may undertake and 
agree to issue orders annually authorizing loans or advances from the 
revolving fund to the district fund involved in amounts sufficient to make 
good any deficiency in the bond and interest accounts thereof to the extent 
that funds are available, and may further undertake and agree to provide 
funds for such revolving fund pursuant to the provisions of section 11-2270 
by annually making such tax levy (or, in lieu thereof, such loan from the 
general fund) as the city or town council may so agree to and undertake, 
subject to the maximum limitations imposed by said section 11-2270, which 
said undertakings and agreements shall be binding upon said city or town 
so long as any of said special improvement district bonds or warrants so 
offered, or any interest thereon, remain unpaid. 

History: En. Sec. 3, Ch. 24, L. 1929; 
amd. Sec. 1, Ch. 179, L. 1945. 

11-2275. Creation and maintenance of fund. A supplemental revolving 
fund may be created by ordinance subject to the approval of a majority of 
the qualified electors voting upon the question at a general or special elec- 
tion. As used in this act "qualified electors" shall mean registered electors 
whose names appear upon the last preceding assessment roll for state and 
county taxes as taxpayers upon property within the municipality. The 
supplemental revolving fund shall be created and maintained solely from 
the net revenues of parking meters and the ordinance may pledge to said 
fund all or any part of the said net revenues of parking meters which may 
be then owned or leased or rented or thereafter acquired by the city or town. 
Said ordinance shall contain such provisions in respect to the purchase, 
control, operation, repair and maintenance of parking meters, including 
rates to be charged, and the application of the net revenues therefrom and 
the management and use of the supplemental revolving fund as the council 
shall deem necessary. 

History: En. Sec. 2, Ch. 260, L. 1947. 

11-2276. Issuance of bonds — submission to electors. At any time after 
the award of the contract for any of the improvements described in section 

62 



CITIES AND TOWNS 11-2306 

11-2274 and prior to the issuance of bonds or warrants therefor under the 
provisions of section 11-2231 the council may by resolution determine that 
such improvement is of a character that bonds may be issued hereunder 
in lieu of bonds under said section 11-2231, and may submit to the qualified 
electors of the city or town the question whether such bonds shall be issued. 
The proposal to issue bonds may be submitted at the same election as the 
proposal to create the supplemental revolving fund and must be approved 
by a majority of the qualified electors voting on the question. 
History: En. Sec. 3, Ch. 260, L. 1947. 

CHAPTER 23 

MUNICIPAL BONDS AND INDEBTEDNESS 

Section 11-2301. Creation of indebtedness — submission to taxpayers. 

11-2306. Petition for election — form — proof. 

11-2307. Consideration of petition — calling election. 

11-2308. Notice of election — election hours — election officers. 

11-2309. Form of ballots and conduct of election. 

11-2310. Who are entitled to vote — registration of electors. 

11-2311. Percentage of voters required to authorize the issuing of bonds. 

11-2312. Canvass of election returns — resolution for bond issue. 

11-2301. (5278.1) Creation of indebtedness — submission to taxpayers. 

Whenever the council or commission of any city or town having a corporate 
existence in this state, or hereafter organize under any of the laws thereof, 
shall deem it necessary to issue bonds for any purpose whatever, under its 
powers as set forth in any statute or statutes of this state, or amendments 
thereto, the question of issuing such bonds shall first be submitted to the 
electors of such city or town who are qualified to vote on such question, in 
the manner hereinafter set forth ; provided, however, that it shall not be 
necessary to submit to such electors the question of issuing refunding bonds 
to refund bonds theretofore issued and then outstanding: provided further 
that no refunding bonds shall be issued unless such refunding bonds shall 
bear interest at a rate of at least one-half of one per cent (^/^ of 1%) less 
than the interest rate of the outstanding bonds to be refunded. In order 
to issue bonds to refund bonds theretofore issued and outstanding it shall 
only be necessary for the council, at a regular or duly called special meet- 
ing, to pass and adopt a resolution setting forth the facts with regard to the 
indebtedness to be refunded, showing the reason for issuing such refunding 
bonds, and fixing and determining the details thereof, giving notice of sale 
thereof in the same manner that notice is required to be given of sale of 
bonds authorized at an election and then following the procedure in this 
act for the sale and issuance of such bonds. 

History: En. Sec 1, Ch. 160, L. 1931; 1937; amd. Sec. 1, Ch. 15, L. 1943; amd. 
amd. Sec 1, Ch. 100, L. 1933; amd. Sec. 1, Sec. 1, Ch. 62, !•. 1945. 
Ch. 12, L. 1937; amd. Sec. 1, Ch. 108, L. 

11-2306. (5278.6) Petition for election — form — proof. No bonds shall 
be issued by a city or town for any purpose, except to fund or refund war- 
rants or bonds issued prior to and outstanding on July first, 1942, as author- 
ized in section 11-2301, unless authorized at a duly called special or general 
election at which the question of issuing such bonds was submitted to the 

63 



11-2307 ELECTION LAWS 



qualified electors of the city or town, and approved, as hereinafter provided, 
and no such election shall be called unless there has been presented to the 
city or town council a petition, asking that such election be held and ques- 
tion submitted, signed by not less than twenty per centum (20%) of the 
qualified electors of the city or town who are taxpayers upon property with- 
in such city or town and whose names appear on the last completed assess- 
ment roll for state and county taxes, as taxpayers within such city or town. 
Every petition for the calling of an election to vote upon the question of 
issuing bonds shall plainly and clearly state the purpose or purposes for 
which it is proposed to issue such bonds, and shall contain an estimate of 
the amount necessary to be issued for such purpose or purposes. There may 
be a separate petition for each purpose, or two (2) or more purposes may 
be combined in one (1) petition, if each purpose with an estimate of the 
amount of bonds to be issued therefor is separately stated in such petition. 
Such petition may consist of one (1) sheet, or of several sheets identical in 
form and fastened together, after being circulated and signed, so as to form 
a single complete petition before being delivered to the city or town clerk, 
as hereinafter provided. The petition shall give the street and house num- 
ber, if any, and the voting precinct of each person signing the same. 

Only persons who are qualified to sign such petitions shall be qualified 
to circulate the same, and there shall be attached to the completed petition 
the affidavit of some person who circulated, or assisted in circulating, such 
petition, that he believes the signatures thereon are genuine and that the 
signers knew the contents thereof before signing the same. The completed 
petition shall be filed with the city or town clerk who shall, within fifteen 
(15) days thereafter, carefully examine the same and the county records 
showing the qualifications of the petitioners, and attach thereto a certificate, 
under his official signature, which shall set forth : 

(1) The total number of persons who are registered electors and whose 
names appear upon the last completed assessment roll for state and county 
taxes, as taxpayers within such city or town. 

(2) Which, and how many of the persons whose names are subscribed 
to such petition, are possessed of all of the qualifications required of signers 
to such petition. 

(3) Whether such qualified signers constitute more or less than twenty 
per centum (20%) of the registered electors Avhose names appear upon the 
last completed assessment roll for state and county taxes, as taxpayers with- 
in such city or town. 

History: En. 8«c. 6, Oh. 160, L. 19S1; amcL 8«c 2, Ch. 108, L. 1937; amd. Sec. 2, 

Oh. 15, L. 1943. 

11-2307. (5278.7) ConBideration of pctitiom — calling election. When 

such petition has been filed with the city or town clerk and he has found it 
has a sufficient number of signers qualified to sign the same, he shall place 
the same before the city or town council at its first meeting held after he 
has attached his certificate thereto. The council shall thereupon examine 
such petition and make such other investigation as it may deem necessary. 
If it is found the petition is in proper form, bears the requisite number 
of signatures of qualified petitioners, and is in all other respects sufficient, 

64 



CITIES AND TOWNS 11-2309 

the council shall pass and adopt a resolution which shall recite the essen- 
tial facts in regard to the petition and its filing and presentation, the pur- 
pose or purposes for which the bonds are proposed to be issued, and fix 
the exact amount of bonds to be issued for each purpose, which amount 
may be less than but must not exceed the amount set forth in the petition, 
determine the number of years through which such bonds are to be paid, 
not exceeding the limitations fixed in section 11-2303, and making provi- 
sion for having such question submitted to the qualified electors of the 
city or town at the next general city or town election, or at a special 
election which the council may call for such purpose. 
Histwry: En, Sec. 7, Oh. 160, I^ 1931. 

11-2308. (5278.8) Notice of election— ©lection hours— election officers. 

•Whether such election is held at the general city or town election, or at a 
special election, separate notice shall be given thereof. Such notice shall 
state the date when such election will be held, the hours between which the 
polls will be open, the amount of bonds proposed to be issued, the purpose 
thereof, the term of years through which the bonds will be paid, and such 
other information regarding the election and the proposed bonds as the 
board may deem proper. If the bonds proposed to be issued are for two 
(2) or more purposes, each purpose and the amount thereof must be sep- 
arately stated. Such notice shall be posted in each voting precinct in the 
city or town at least ten (10) days prior to the date for holding such 
election, and must also be published once a week for a period of not less 
than two (2) consecutive weeks immediately preceding the date for hold- 
ing such election in some newspaper published in the city or town, if 
there be one, and if not then in a newspaper published in the state at a 
point in the state nearest to the city or town, and designated by the city 
or town council. 

If the question of issuing bonds is submitted at a special election called 
for such purpose, the city or town council shall fix the hours through 
which the polls are to be kept open, which shall be not less than eight (8), 
and which must be stated in the notice of election, and may appoint a 
smaller number of judges than is required at a general city or town elec- 
tion, but in no case shall there be less than three (3) judges in a precinct 
and such judges shall act as their own clerks. 

If the question of issuing bonds is submitted at a general city or town 
election, the polls shall be kept open during the same hours as are fixed 
for the general election and the judges and clerks for such general elec- 
tion shall act as the judges and clerks thereof. 
History: En. Sec. 8, Ch. 160, L. 1931. 

11-2309. (5278.9) Form of ballots and conduct of election. Whenever 
the question of issuing bonds is submitted at either a general city or town 
election, or at a special election, separate ballots shall be provided therefor. 
Such ballots shall be white in color and of convenient size, being only large 
enough to contain the printing herein required to be done and placed there- 
on, and shall have printed thereon in fair-sized, legible type and black ink, 

65 



11-2310 ELECTION LAWS 

in one (1) line or more, as required, the word "FOR" (stating the propo- 
sition and the terms thereof explicitly and at length), and thereunder the 
word "AGAINST" (stating the proposition and terras in like manner as 
above) ; and there shall be before the word "FOR" and before the word 
"AGAINST," each, a square space of sufficient size to place a plain cross or 
X therein, and such arrangement shall be in the following manner: 

□ FOR (stating the proposition) 

□ AGAINST (stating the proposition) 

If bonds are sought to be issued for two (2) or more separate purposes, 
then separate ballots must be provided for each purpose or proposition. 

The election shall be conducted, and the returns made, in the same 
manner as other city or town elections; and all election laws governing 
city and town elections shall govern, insofar as they are applicable, but 
if such question be submitted at a general city or town election the votes 
thereon must be counted separately and separate returns must be made 
by the judges and clerks at such election. Returns must be made separately 
for each proposition or question submitted at such election. 
History: En. Sec. 9, Ch. 160, L. 1931. 

11-2310. (5278.10) Who are entitled to vote — registration of electors. 

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

After the closing of the registration books for such election the county 
clerk shall promptly prepare lists of the qualified electors of such city or 
town who are taxpayers upon property therein and whose names appear 
on the last completed a.ssossment roll for state, county and school district 
taxes and who are entitled to vote at such election and shall prepare pre- 
cinct registers for such election as provided in section 23-515 and deliver 
the same to the city or town clerk who shall deliver the same to the 
judges of election prior to the opening of the polls. It shall not be neces- 
sary to publish or post such lists of qualified electors. 

History: En. Sec. 10. Ch. 160, L. 1931; 
amd. Sec. 1, Ch. 182, L. 1939; amd. Sec. 
17, Ch. 64, L. 1959. 

11-2311. (5278.11) Percentage of voters required to authorize the issu- 
ing of bonds. Wherever the question of issuing bonds for any purpose is 

66 



CITIES AND TOWNS 11-2404 



submitted to the qualified electors of a city or town, at either a general or 
special election, not less than forty per centum (40%) of the qualified elec- 
tors entitled to vote on such proposition or question must vote thereon, 
otherwise such proposition shall be deemed to have been rejected ; provided, 
however, that if forty per centum (40%) or more of such qualified electors 
do vote on such proposition or question at such election, and a majority of 
such votes shall be cast in favor of such question or proposition, then such 
proposition or question shall be deemed to have been adopted and approved. 
History: En. Sec. 11, Oh. 160, L. 1&31. 

11-2312. (5278.12) Canvass of election returns — resolution for bond 
issue. If the bonding election is held at the same time as a general city or 
town election, then the returns shall be canvassed by the city or town coun- 
cil at the same time as the returns from such general election; but if the 
question of issuing bonds is submitted at a special election then the city 
or town council shall meet within ten (10) days after the date of holding 
such special election and canvass the returns. If it is found that at such 
election forty per centum (40%) or more of the qualified electors of the 
city or town entitled to vote on such question or proposition voted thereon, 
and that a majority of such votes were cast in favor of the issuing of 
such bonds, the city or town council shall, at a regular or special meeting 
held within thirty (30) days thereafter, pass and adopt a resolution pro- 
viding for the issuance of such bonds. Such resolution shall recite the 
purpose for which such bonds are to be issued, the amount thereof, the 
maximum rate of interest the bonds may bear, the date they shall bear, 
the period of time through which they shall be payable, and that any 
thereof may be redeemed in full, at the option of the city or town, on any 
interest payment date from and after ten (10) years from the date of 
issue ; and provide for the manner of the execution of the same. It shall 
provide that preference shall be given amortization bonds but shall fix 
the denomination of serial bonds in case it shall be found advantageous 
to issue bonds in that form, and shall adopt a form of notice of the sale 
of the bonds. 

The board may, in its discretion, provide that such bonds may be issued 
and sold in two (2) or more series or installments. 
History: En. Sec. 12, Oh. 160, L. 1931. 

CHAPTER 24 
MUNICIPAL EEVENTJE BOND ACT OF 1939 
Section 11-2404. Authorization of undertaking — form and contents of bonds. 

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 

67 



11-2404 • ELECTION LAWS 

to 11-2310. inclusive, and said spocial election shall be held not later than 
the next municipal eli^ction held after the council or governing body of 
the municipality has by resolution or resolutions approved the acquisition, 
purchase, construction, reconstruction, improvement, betterment or ex- 
tension of any undertaking as in this chapter i)rovided 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 semiannually, 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 subsequent 
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 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 liundred fifty thousand dollars ($150,000), the bond issue shall 
be advertised at least five (5) days prior to such sale in daily newspapers 
circulating in Montana cities of 10,000 population or over, in lieu of ad- 
vertising in a financial newspaper 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 Montana 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, as provided by the Uniform Commercial 
Code — Investment Securities. 

History; En. Sec. 4, Ch. 126, L. iy39; Compiler's Notes 

amd. Sec. 2, Ch. 145, L. 1951; amd. Sec. Section 16-1201, referred to in the sec- 

2, Ch. 38, L. 1957; amd. Sec. 1, Ch. 52, o,,^} pjiragrapli of this section, has been 

L. 1963; amd. Sec. 11-106, Ch. 264, L. ri'iioalod. For similar provisions in cur- 

1963. riMit law, see sec. 16-1230. 

CHAPTER 25 

ABATEMENT OP SMOKE NUISANCE 

Section 11-2504. Bonds. 

11-2505. Election, 

11-2506. Notice of election. 

11-E511. ProviBiona concerning election. 

68 



CITIES AND TOWNS 11-2506 

11-2504. (5292) BondB. For the purpose of raising moneys to meet the 
payments under the terms and conditions of said contract, and other neces- 
sary and proper expenses in and about the same, and the approval or dis- 
approval thereof, it shall be the duty of the board of county commissioners, 
if the petition be presented to it within thirty days thereafter, to ascertain 
the existing indebtedness of the county in the aggregate, and within sixty 
days after ascertaining the same to submit to the electors of such county 
the proposition to approve or disapprove the said contract, and the issuance 
of bonds necessary to carry out the same, which shall not exceed five per 
centum of the value of the taxable property therein, inclusive of the exist- 
ing indebtedness thereof, to be ascertained by the last assessment for state 
and county taxes previous to the issuance of said bonds and incurring said 
indebtedness ; and if said petition be presented to the council of any in- 
corporated city or town, then within thirty days thereafter they shall 
ascertain the aggregate indebtedness of such city or town, and, within 
sixty days after ascertaining the same, submit to the electors of such city 
or town the proposition to approve or disapprove said contract, and the 
issuance of bonds necessary to carry out the same, which shall not exceed 
three per centum of the value of the taxable property therein, inclusive of 
the existing indebtedness thereof, to be ascertained in the manner herein- 
before provided, and if disapproved, the expenses of such election shall be 
paid out of the general fund of such county, city, or town, as the case may 
be. 

History: Bn. Sec. 4, p. 143, L. 1893; 8433, Rev. 0. 1907; re-en. Sec. 5292, E. C. 
re-en. Sec. 4834, Pol. C. 1895; re-eai. Sec. M. 1921. 

11-2505. (5293) Election. The vote upon such proposition shall be had 

at an election for that purpose to be held, conducted, counted, and results 

ascertained and determined in the manner and by the same officers provided 

by law for general elections, except as otherwise herein provided, and the 

proposition to be submitted shall be upon printed tickets or ballots, upon 

each of which shall be printed the following : "For the contract and bonds," 

"Against the contract and bonds," the former above the latter, and the 

elector shall indicate his vote by a cross opposite the one or the other for 

which he votes ; and if it appears from the result of such election that a 

majority of the votes cast were "For the contract and bonds," then said 

contract shall be in full force and effect, and the said bonds shall be issued 

and disposed of in the manner hereinafter provided. If it shall appear from 

the result of such election that there was a tie, or a majority of said votes 

were cast "Against the contract and bonds," then the said contract and 

bond given for its fulfilment shall be null and void and of no effect, and 

said bonds and none thereof shall be issued. 

History: En. Sec. 5, p. 144, L. 1893; 3434, Rev. C. 1907; re-en. Sec. 5293, E. O. 
re-en. Sec. 4836, PoL C. 1895; re-en. Sec. M. 1921. 

11-2506. (5294) Notice of election. The board of county commissioners 
of the county in which such election is to be held, or the council of the incor- 
porated city or town, as the case may be, shall give notice of such election, 
stating the objects thereof, the time and place of holding the same, such 

69 



11-2511 ELECTION LAWS 

conditions of the contract as in their judgment are proper and necessary 
to enatle the electors to vote intelligently upon the proposition submitted 
to them, the amount of bonds proposed to be issued, when payable, and 
the interest they are to bear, with a description of the tickets or ballots 
to be used, in some newspaper printed and published and circulated in the 
county, or city, or town, as the case may be, in which such election shall be 
held, at least three times a week for at least six consecutive weeks next 
preceding such election, and if no newspaper be printed, published, and cir- 
culated therein, then in some newspaper printed and published in some 
county nearest thereto. 

History: En. Sec. 6, p. 144, K 1893; 3435, Rev. C. 1907; re-eoi. S«c. 6294, E. C. 
re-en. Sec. 4836, Pol. C. 1895; re-en. Sec. M. 1921. 

11-2511. (5299) Provisions concerning election. No registration under 
the election laws of this state shall be required for the purposes of the elec- 
tion herein provided for, and the registration had at the last election pre- 
ceding the same shall govern and control as if especially had and done for 
the purposes of the election to be held under this act. 

History: En. Sec. 11, p. 146, L. 1893; 3440, Rev. C. 1907; re-eai. Sec. 6299, R. C. 
re-en. Sec. 4841, PoL C. 1895; re-en. Sec. M. 1921. 

CHAPTER 31 
COMMISSION FORM OF GOVERNMENT 

Section 11-3101. Any city may reorganize under commission form. 

11-3102. Submission to electors — petition and order of election. 

11-3103. Proclamation of election. 

11-3104. Ballots— form. 

11-3105. Certificate of result of election — no further election for two years. 

11-3106. Calling of election to elect city officers. 

11-3107. Manner of conducting election — canvassing votes. 

11-3108. Laws governing city — ordinances — territorial limits and property. 

11-3109. Number of councilmen — vacancies, how filled. 

11-3110. Beginning of term of office. 

11-3111. Tenure of office — expiration of term. 

11-3112. Nomination of candidates — primary election. 

11-3113. Receipt of majority of all votes cast at primary election elects candi- 
date and dispenses with general election, when. 

11-3114. Penalty for working for candidate. 

11-3115. Fees for filing for office. 

11-3116. Bribery — false answers concerning qualifications of elector — voting by 
disqualified person. 

11-3126. Ordinances and franchises — how adopted or granted. 

11-3127. Officers not to be interested in contracts, receive passes, or do elec- 
tioneering. 

11-3128. Civil service. 

11-3132. Recall of elective officers. 

11-3133. Ordinance — how submitted — petition and election. 

11-3134. Taking effect and suspension of ordinances. 

11-3135. Abandonment of commission form. 

11-3136. Requirements of petitions. 

11-3137. Effect of act upon existing laws. 

11-3101. (5366) Any city may reorganise under commission form. 

Any city may abandon its organization and reorganize under the provisions 

of this act, by proceeding as hereinafter provided. 

History: En. Sec. 1, Ch. 57, L. 1911; 
re-en. S«:. 6366, R. 0. M. 1921. 

70 



CITIES AND TOWNS 11-3105 

11-3102. (5367) BubmisBion to electoni — petition and order of election. 
Upon a petition being filed with the city council, signed by not less than 
twenty-five per cent of the qualified electors of such city registered for the 
last preceding general city election, praying that the question of reorganiza- 
tion under this act be submitted to the qualified electors of such city, said 
city council shall thereupon, and within thirty days thereafter, order a 
special election to be held, at which election the question of reorganization 
of such city, under the provisions of this act, shall be submitted to the quali- 
fied electors of such city. 

Such order of the city council shall specify therein the time when such 

election shall be held, which must be within ninety days from the date of 

the filing of such petition. 

History: En. S«c. 2, Oh. 67, L. 1911; 
amd. Sec. 1, Oh. 2, I*. 1916; re-en. Sec. 
6367, S. 0. M. 1921. 

11-3103. (5368) Proclamation of election. Upon the city council order- 
ing such special election to be held, the mayor of such city shall issue a 
proclamation setting forth the purpose for which such special election is 
called, and the date of holding such special election, which proclamation 
shall be published for ten consecutive days in each daily newspaper pub- 
lished in said city, if there be such, otherwise once a week for two consecu- 
tive weeks in each weekly newspaper published therein, and such proclama- 
tion shall also be posted in at least five public places within such city. 

History: En. Sec. 3, Oh. 67, L. 1911; 
re-en. Sec. 5368, B. 0. M. 1921. 

11-3104. (5369) Ballots — form. At such election the ballots to be used 
shall be printed upon plain, white paper, and shall be headed "Special elec- 
tion for the purpose of submitting to the qualified electors of the city of 

the question of reorganization of the city of 

under chapter (name of chapter containing this 

act) of the acts of the twelfth legislative assembly," and shall be substan- 
tially in the following form :. 

For reorganization of the city of under chapter 

(name of chapter containing this act) of the act of the twelfth legislative 
assembly. 

Against reorganization of the city of under chapter 

(name of chapter containing this act) of the acts of the twelfth legislative 
assembly. 

Such election shall be conducted and vote canvassed and result declared 

in the same manner as provided by law in respect to other city elections. 

History: En. Sec. 4, Oh. 67, L. 1911; 
re-en. Sec. 5369, E. 0. M. 1921. 

11-3105. (5370) Certificate of result of election— no further election for 
two years. If such proposition is adopted, the mayor shall transmit to the 
governor, to the secretary of state, and to the county clerk and recorder, 
each, a certificate stating that such proposition was adopted. 

71 



11-3106 ELECTION LAWS 



If such proposition shall not be adopted at such special election, such 

proposition shall not again be submitted to the electors of such city within 

a period of two years thereafter. 

HlJtory: En. Sec. 6, Oh. 67, L. 1911; 
re-eoL S«c. 5370, E. 0. M. 1921. 

11-3106. (5371) Calling of election to elect city ofllcers. If a majority 
of the votes cast at such election shall be in favor of such proposition, the 
city council must, at its first regular meeting held thereafter, order a special 
election to be held for the purpose of electing a mayor and the number of 
councilmen to which such city shall be entitled, which order shall specify 
the time of holding such election, which must be within ninety days after 
the making of said order, and the mayor shall thereupon issue a proclama- 
tion setting forth the purposes for which such special election is called and 
the day of holding the same, which proclamation shall be published for ten 
successive days in each daily newspaper published in such city, if there 
be such, otherwise once a week for two consecutive weeks in each weekly 
newspaper published therein, and a copy thereof shall also be posted at each 
voting place within said city, and also in at least ten of the most public 
places in said city. 

Hlftory: En. Sec. 6, Oh. 67, L. 1911; 
amd. 8«c. 2, Oh. 2, L. 1915; re-en. Sec. 
5371, B. 0. M. 1921. 

11-3107. (5372) Manner of conducting election — canvassing vot«s. 

Such election shall be conducted, the vote canvassed, and result declared in 

the same manner as provided by law in respect to other city elections. 

History: En. Sec. 7, Oh. 67, L. 1911; 
re-en. Sec. 5372, R. 0. Bf. 1921. 

11-3108. (5373) Laws governing city — ordinances — ^territorial limits 
and property. All laws governing cities of the first, second, and third 
classes, and not inconsistent with the provisions of this act, shall apply to 
and govern cities organized under this act. All by-laws, ordinances, and 
resolutions lawfully passed and in force in any such city under its former 
organization shall remain in force until altered or repealed by the council 
elected under the provisions of this act. The territorial limits of such city 
shall remain the same as under the former organization, and all rights and 
property of every description, which were vested in any such city under its 
former organization, shall vest in the same under the organization herein 
contemplated, and no right or liability either in favor of or against it, 
existing at the time, and no suit or prosecution of any kind shall be af- 
fected by such change, unless otherwise provided for in this act. 

History: En. Sec. 8, Ch. 57, L. 1911; 
re-en. Sec. 5373, E. 0. M. 1921. 

11-3109. (5374) Number of oouncilmen — vacancies, how filled. In 

every city of the third class, there shall be a mayor and two councilmen ; in 
every city of the second class, a mayor and two councilmen ; in every city 
of the first class having a population of less than twenty-five thousand 
(25,000), a mayor and two (2) councilmen, and in every city of the first 
class having a population of twenty-five thousand (25,000), or more, a 

72 



CITIES AND TOWNS 11-3111 

mayor and four (4) councilmen, and the mayor and all councilmen shall be 
elected at large. 

Vacancies in the office of mayor or councilmen shall be filled by appoint- 
ment made by a majority vote of the remaining members of the council, 
and if, in filling such vacancy, a tie vote should occur, then the person to fill 
said vacancy shall be determined by lot in such manner as said council may 
provide. A person appointed to fill any such vacancy shall hold his office 
until the next general election and until his successor is elected and quali- 
fied. A person elected to fill a vacancy shall hold office until the expiration 
of the term for which the person he succeeds was elected. 

History: En. Sec. 9, Ch. 57, L. 1911; 
re-en. Sec. &370, R. C. M. 1921; amd. Sec. 
1. Oh. 18, L. 1946. 

11-3110. (5375) Beginning of term of oflSce. The mayor and council- 
men elected at such special election shall qualify, and their terms of office 
shall begin on the first Monday after their election, and the terms of office of 
the mayor and councilmen or aldermen in such city in office at the beginning 
of the term of office of the councilmen first elected under the provisions 
of this act shall then cease and determine, and the terms of office of "all 
their appointed officers in force in such city, except as hereinafter pro- 
vided, shall cease and determine as soon as the council shall by resolution 
declare. 

History: En. Sec. 10, Oh. 67, L. 1911; 
re-en. Sec. 5375, B. 0. M. 1921. 

11-3111. (5376) Tenure of office — expiration of term. The terms of 
office of the mayor and all councilmen elected at such special election shall 
expire on the first Monday in May of the year following their election. At 
the first regular city election held in the year in which the terms of office 
of the mayor and councilmen elected at such special election shall expire, a 
mayor and two councilmen shall be elected in cities having a population 
of less than twenty-five thousand. The mayor elected at such first general 
city election shall hold office for two years; one of the councilmen elected 
at such first city election shall hold office for one year; and the other 
of such councilmen elected at such first general city election shall hold 
office for two years, beginning with the first Monday in May of that year; 
a mayor and four councilmen shall be elected in cities having a population 
of twenty-five thousand or more ; and the mayor elected at such first 
general city election shall hold office for two years. Two of the council- 
men elected at such first general city election shall hold office for one year, 
and the other two of the councilmen elected at such first general city elec- 
tion shall hold office for two years, beginning with the first Monday in 
May of that year; and the terms of office of the mayor and all councilmen 
thereafter elected shall be two years. 

The councilmen elected at the first general city election shall decide 
by lot in such manner as they may select, which thereof shall hold the office 
of councilman the term of which expires one year thereafter, and which 

73 



11-3112 ELECTION LAWS 

thereof shall hold the office of councilman, the term of which expires two 

years thereafter. 

History: En. Sec. 11, Ch. 57, L. 1911; 
re-en. Sec. 6376, R. C. M. 1921. 

11-3112. (5377) Nomination of candidates — primary election. (1) 
Candidates to be voted for at all general municipal elections at which a 
mayor or councilmen are to be elected under the provisions of this act shall 
be nominated by a primary election, and no other names shall be placed 
upon the general ballot except those selected in the manner hereinafter pre- 
scribed. The primary election for such nominations shall be held on the 
second Monday preceding the municipal election. The judges of election 
appointed for the municipal election shall be the judges of the primary 
election, and it shall be held at the same places, as far as possible, and the 
polls shall be opened and closed at the same hours, with the same clerks as 
are required for said general municipal election. 

(2) Any qualified elector of said city who is the owner of any real 
estate situated therein, desiring to become a candidate for mayor or coun- 
cilman, shall, at least ten days prior to said primary election, file with the 
city clerk a statement of such candidacy in substantially the following 
form: 

State of Montana, ] 

County of J 

I, , being first duly 

sworn, say that I reside at street, 

city of , county of 

state of Montana ; that I am a qualified voter therein ; that I am a candi- 
date for nomination to the office^ of (mayor or councilman) to be voted 

upon at the primary election to be held on the Monday of , 

19 , and I hereby request that my name be printed upon the official 

primary ballot for nomination by such primary election for such office. 

(Signed) 

Subscribed and sworn to (or affirmed) before me by 

on this day of , 19 

(Signed) 

and shall at the same time file therewith the petition of at least twenty-five 
qualified voters requesting such candidacy. Each petition shall be verified 
by one or more persons as to qualifications and residence, with street num- 
ber, of each of the persons so signing the said petition, and the said petition 
shall be in .substantially the following form : 

(3) Petition accompanying nominating statement. 

The undersigned, duly qualified electors of the city of 

, and residing at the places set opposite our respective 

names hereto, do hereby request that the name of (name of candidate) be 
placed in the ballot as a candidate for nomination for (name of office) at 
the primary election to be held in such city on the Monday of 

74 



CITIES AND TOWNS 11-3112 

, 19 We further state that we know him to be a 

qualified elector of said city and a man of good moral character, and 
qualified, in our judgment, for the duties of such office. 

Names of qualifying electors. Number. Street. 



(4) Each signer of a nomination paper shall sign but one such nomina- 
tion paper for the same office, except where more than one officer is to be 
elected to the same office, in which case he may sign as many nomination 
papers as there are officers to be elected, and only one candidate shall be 
petitioned for or nominated in the same nomination paper. 

(5) Immediately upon the expiration of the time of filing the state- 
ments and petitions for candidates, the said city clerk shall cause to be pub- 
lished for three consecutive days in all the daily newspapers published in 
the city, in proper form, the names of the persons as they are to appear 
upon the primary ballots, and if there be no daily newspaper, then in two 
issues of any other newspapers that may be published in said city; and 
the said clerk shall thereupon cause the primary ballots to be printed, 
authenticated with a facsimile of his signature. Upon the said ballot the 
names of the candidates for mayor, arranged alphabetically, shall first be 
placed, with a square at the left of each name, and immediately below the 
words, "Vote for one." Following these names, likewise arranged in alpha- 
betical order, shall appear the names of the candidates for councilmen, with 
a square at the left of each name, and below the names of such candidates 
shall appear the words, "Vote for (giving the number of persons to be 
voted for)." The ballot shall be printed upon plain substantial, white paper, 
and shall be headed : 

Candidates for nomination for mayor and councilmen of the city of 

at the 

Primary Election ; 
but shall have no party designation or mark whatever. The ballots shall 
be in substantially the following form : (Place a cross in the square preced- 
ing the names of the parties you favor as candidates for the respective 
positions). 

Official Primary Ballot. 
Candidates for nomination for mayor and councilmen of the city of 

at the 

Primary Election. 

For Mayor. 

(Name of candidate.) 

(Vote for one.) 

For councilman. 

(Name of candidate.) 

(Vote for (Giving number to be voted for). 

Official ballot attest: 

(Signature) 

City Clerk. 

75 



11-3112 ELECTION LAWS 

(6) Having caused said ballots to be printed, the said city clerk shall 
cause to be delivered at each polling place a number of said ballots equal 
to twice the number of such voters registered in such polling place at the 
last general municipal election. The persons who are qualified to vote 
at the general election shall be qualified to vote at such primary election 
and any person offering to vote may be orally challenged by any elector 
of the city upon any or all of the grounds set forth and specified in section 
23-1220 of these codes, and the provisions of sections 23-1221 to 23-1228, 
inclusive, of these codes shall apply to all challenges made at such election. 
Judges of election shall immediately upon the closing of the polls count 
the ballots and ascertain the number of votes cast in such precinct for each 
of the candidates for mayor and councilman, and make return thereof 
to the city clerk upon the proper blanks to be furnished by the city clerk 
within six hours of the closing of the polls. On the day following the 
primary election the city clerk shall canvass said returns so received from 
all the polling precincts, and shall make and publish in all the newspapers 
in said city, at least once, the result thereof. Said canvass by the city 
clerk shall be publicly made. 

(7) If a mayor is to be elected at such municipal election, the two per- 
sons reciving the highest number of votes shall be the candidates for mayor. 
If one councilman is to be elected at such municipal election, the two per- 
sons receiving the highest number of vot€S shall be the candidates for coun- 
cilmen. If two councilmen are to be elected at such general municipal elec- 
tion, the four persons receiving the highest number of votes shall be the 
candidates for councilmen, and if three councilmen are to be elected at such 
municipal election, the six persons receiving the highest number of votes 
shall be the candidates for councilmen, and if four councilmen are to be 
elected at such general municipal election, the eight persons receiving the 
highest number of votes shall be candidates for councilmen at such general 
election, and these shall be the only candidates for mayor and councilmen 
at such general election. 

(8) All electors of cities under this act, who, by ordinances governing 
cities incorporated under the general municipal incorporation law, or by 
charter, would be entitled to vote for the election of officers at any general 
municipal election in such cities, shall be qualified to vote at all elections 
under this act; and the ballots to be used at such general municipal elec- 
tion shall be in the same general form as for such primary elections so far 
as applicable, and in all elections in such cities the election precincts, 
voting places, method of conducting the elections, canvassing of votes, and 
announcing the results shall be the same as by law provided for the elec- 
tion of officers in such cities so far as the same are applicable and not in- 
consistent with the provisions of this act. 

(9) Every person who has been declared elected mayor or councilman, 
shall, within ten days thereafter, take and file with the city clerk his oath of 
office in the form and manner provided by law, and shall execute and give 
sufficient bond to the municipal corporation in the sum of ten thousand 
dollars, conditioned for the faithful performance of the duties of his office, 
which bond shall be approved by the judge of the district court of the 

76 



CITIES AND TOWNS 11-3116 



county in which such city is situated, and filed with the clerk and recorder 

of the county in which such city is situated. 

History: En. Sec. 12, Oh. 57, L. 1911; the bonds of mayor and councilmen at 

re-en. Sec. 6377, B. C. M. 1921. $10,000.00 is superseded by Sec. 1, Ch. 9, 

NOTE.— Par. 9 of this section fixing Laws 1943 (11-3124) fixing them at $5,000. 

11-3113. (5377.1) Receipt of majority of all votes cast at primary 
election elects candidate and dispenses with general election, when. 
Whenever, in any city operating under a commission form of government, 
at a primary election held in accordance with section 11-3112, a councilman 
or councilmen or a mayor and councilman or councilmen are to be elected, 
one person or candidate for any office to be filled shall receive a majority of 
all votes cast for such office, then such person or persons shall be deemed 
duly elected to the respective office or offices for which he or they receive 
such majority vote. If at such primary election more than two (2) persons 
are candidates for the same office and no one person receives a majority of 
all votes cast for such office then the names of the two persons receiving 
the highest number of votes shall be placed upon the general municipal 
election ballot under the provisions of section 11-3112. If, in any year, all 
officers to be elected are thus elected by a majority vote at such primary 
election, then, in that event, no general municipal election shall be held in 
said city for said year. 
History: En. Sec. 1, Oh. 13, L, 1933. 

11-3114. (5378) Penalty for working for candidate. Any person who 
shall agree to perform any services in the interest of any candidate for any 
office provided in this act, in consideration of any money or other valuable 
thing for such services performed in the interest of any candidate, shall 
be punished by a fine not exceeding three hundred dollars or be impris- 
oned in the county jail not exceeding thirty days. 

History: En. Sec. 13, Ch. 67, L. 1911; 
re-en. Sec. 5378, R. C. M. 1921. 

11-3115. (5378.1) Fees for filing for office. Every candidate for mayor 
and every candidate for councilman in cities operating under the commis- 
sion form of government shall, at the time of filing his nominating petition 
pay the following fees to the city clerk as filing fee : A candidate for mayor 
shall pay twenty dollars ($20.00), and a candidate for councilman shall pay 
fifteen dollars ($15.00). 
History: En. Sec. 1, Oh. 137, L. 1933. 

11-3116. (5379) Bribery — false answers concerning qualifications of 
elector — voting by disqualified person. Any person offering to give a bribe, 
either in money or other consideration, to any elector, for the purpose of 
influencing his vote at any election provided in this act, or any elector en- 
titled to vote at any such election receiving and accepting such bribe or 
other consideration; any person who agrees, by promise or written state- 
ment, that he will do, or will not do, any particular act or acts, for the 
purpose of influencing the vote of any elector or electors at any election 
provided in this act ; any person making false answer to any of the pro- 
visions of this act relative to his qualifications to vote at such election ; any 

77 



11-3126 ELECTION LAWS 

person wilfully voting or offering to vote at such election who has not been 
a resident of this state for one year next preceding said election, or who is 
not twenty-one years of age, or is not a citizen of the United States, or 
knowing himself not to be a qualified elector of such precinct where he of- 
fers to vote ; any person knowingly procuring, aiding, or abetting any vio- 
lation hereof, shall be deemed guilty of a misdemeanor, and, upon convic- 
tion, shall be fined in a sum not less than one hundred dollars nor more than 
five hundred dollars; and be imprisoned in the county jail not less than 
ten nor more than ninety days. 

History: En. Sec. 14, Oh. 57, L. 1911; 
re-eox. Sec. 5379, E. C. M. 1921. 

11-3126. (5388) Ordinances and franchises — how adopted or granted. 
Every ordinance or resolution appropriating money, or ordering any street 
improvement or sewer, or making or authorizing the making of any con- 
tract, or granting any franchise or right to occupy or use the streets, 
highways, bridges, or public places in the city for any purpose, shall be 
complete in the form in which it is finally passed, and remain on file 
with the city clerk for public inspection at least one week before the 
final passage or adoption thereof. No franchise ar right to occupy or use 
the streets, highways, bridges, or public places in any such city shall be 
granted, renewed, or extended, except by ordinance, and every franchise 
or grant for interurban or street railways, gas, or water-works, electric 
light, or power plant, heating plant, telegraph or telephone systems, or 
other public service utilities, or renewal or extension of any such franchise 
or grant within such city, must be authorized or approved by a majority 
of the electors voting thereon at a general or special election, as provided 
in sections 11-1207, 11-1208 and 11-1209 of this code. 

History: En. Sec. 23, Oh. 57, L. 1911; 
re-en. Sec. 6388, R. C. M. 1921. 

11-3127. (5389) Officers not to be interested in contracts, receive 
passes, or do electioneering. No officer or employee elected or appointed in 
any such city shall be interested, directly or indirectly, in any contract or 
job for work or materials, or the profits thereof, or materials, supplies, or 
services to be furnished or performed for the city; and no such officer or 
employee shall be interested, directly or indirectly, in any contract or job 
for work or materials, or the profits thereof, or services to be furnished or 
performed for any person, firm, or corporation operating interurban rail- 
way, street railway, gas-works, water-works, electric light or power plant, 
heating plant, telegraph line, telephone exchange, or other public utility 
within the territorial limits of said city. No such officer or employee shall 
accept or receive, directly or indirectly, from any person, firm, or corpora- 
tion operating within the territorial limits of said city, any interurban rail- 
way, street railway, gas-works, water-works, electric light or power plant, 
heating plant, telegraph line, or telephone exchange, or other business using 
or operating under a public franchise, any frank, free pass, free ticket, or 
free service, or accept or receive, directly or indirectly, from any such per- 
son, firm, or corporation, any other service upon terms more favorable than 
is granted to the public generally. Any violation of the provisions of this 

78 



CITIES AND TOWNS 11-3128 

section shall be a misdemeanor, and every such contract and agreement 
shall be void. 

Such prohibition of free transportation shall not apply to policemen or 
firemen in uniform ; nor shall any free service to the city officials here- 
tofore provided by any franchise or ordinance be affected by this section. 
Any officer or employee of such city who, by solicitation or otherwise, shall 
exert his influence, directl}' or indirectly, to influence other officers or 
employees of such city to adopt his political views, or to favor any par- 
ticular person or candidate for office, or who shall in any manner con- 
tribute money, labor, or other valuable thing to any person for election 
purposes, shall be guilty of a misdemeanor, and, upon conviction, shall be 
punished by a fine not exceeding three hundred dollars, or by imprison- 
ment in the county jail not exceeding thirty days. 

History: En. Sec. 24, Ch. 57, L. 1911; 
re-en. Sec. 5389, B. C. M. 1921. 

11-3128. (5390) Civil service. (1) Immediately after organizing, the 
council shall, by ordinance, appoint three civil service commissioners, who 
shall hold office, one until the first Monday in April in the second year, one 
until the first Monday in April of the fourth year, and one until the first 
Monday in April of the sixth year after his appointment. Each succeeding 
council shall, as soon as practicable after organizing, appoint one commis- 
sioner for six years, who shall take the place of a commissioner whose term 
of office expires. The chairman of the commission for each biennial period 
shall be the member whose term first expires. No person while on the said 
commission shall hold or be a candidate for any office of public trust. Two 
of said members shall constitute a quorum to transact business. The com- 
missioners must be citizens of Montana and residents of the city for more 
than three years next preceding their appointment. 

(2) The council may remove any of said commissioners during their 
term of office for cause, a majority of councilmen voting in favor of such 
removal, and shall fill any vacancy that shall occur in said commission 
for the unexpired term. The city council shall provide suitable rooms in 
which the said civil service commission shall hold its meetings ; it shall 
have a clerk, who shall keep a record of all its meetings, such city to 
supply the said commission with all necessary equipment to properly attend 
to such business. 

(3) Before entering upon the duties of his office, each of said commis- 
sioners shall take and subscribe an oath, which shall be filed and kept in the 
office of the city clerk, to support the constitution of the United States 
and of the state of Montana, and to obey the laws, and to aid to secure 
and maintain an honest and efficient force, free from partisan distinction 
or control, and to perform the duties of his office to the best of his ability. 

(4) Said commission shall, on the first Monday of April and October of 
each year, or oftener if it shall be deemed necessary, under such rules 
and regulations as may be prescribed by the council, hold examinations 
for the purpose of determining the qualifications of applicants for posi- 
tions, which examination shall be practical, and shall fairly test the 

79 



11-3128 ELECTION LAWS 



fitness of the persons examined to discharge the duties of the position to 
which they seek to be appointed. Such commission shall, as soon as 
possible after such examination, certify to the council double the num- 
ber of persons necessary to fill vacancies, who, according to the records, 
have the highest standing for the position they seek to fill as a result of 
such ..lamination, and all vacancies which occur that come under the civil 
service, prior to the date of the next regular examination, shall be filled 
from said list so certified ; provided, however, that should the list for any 
cause be reduced to less than three for any division, then the council or 
the head of the proper department may temporarily fill a vacancy, but 
not to exceed thirty days. 

(5) All persons subject to such civil service examination shall be sub- 
ject to removal from office or employment by the council for misconduct or 
failure to perform their duties under such rules and regulations as it may 
adopt, and the chief of police, chief of the fire department, or any super- 
intendent or foreman in charge of municipal work, may peremptorily sus- 
pend or discharge any subordinate then under his direction for neglect of 
duty or disobedience of his orders, but shall, within twenty-four hours 
thereafter, report such suspension or discharge, and the reason therefor, to 
the superintendent of his department, who shall thereupon affirm or revoke 
such discharge or suspension, according to the facts. Such employee (or 
the officer discharging or suspending him) may, within five days of such 
ruling, appeal therefrom to the council, which shall fully hear and deter- 
mine the matter. 

(6) The council shall have the power to enforce the attendance of wit- 
nesses, the production of books and papers, and power to administer 
oaths in the same manner and with like effect, and under the same pen- 
alties, as in the case of magistrates exercising criminal or civil jurisdiction 
under the statutes of Montana. 

(7) Said commissioners shall make an annual report to the council, and 
it may require a special report from said commissioners at any time ; and 
said council may prescribe such rules and regulations for the proper con- 
duet of the business of the said commission as shall be found expedient 
and advisable, including restrictions on appointment, promotions, removals 
for cause, roster of employees, certificates of records to the auditors, and 
restrictions on payment to persons improperly employed. 

(8) The council of such city shall have power to pass ordinances im- 
posing suitable penalties for the punishment of persons violating any of the 
provisions of this act relating to the civil service commission. 

(9) The provisions of this section shall apply to all appointive officers 
and employees of such city, except those especially named in section 11-3121 
of this code, commissioners of any kind, laborers whose occupation requires 
no special skill or fitness, election officials, and mayor's secretary and as- 
sistant attorney, where such officers are appointed. 

(10) All officers and employees in any said city shall be elected or ap- 
pointed with reference to their qualifications and fitness, and for the good 
of the public service, and without reference to their political faith or party 
affiliations. 

80 



CITIES AND TOWNS 11-3132 

(11) It shall be unlawful for any candidate for oflSce in any such city, 
directly or indirectly, to give or promise any person or persons any office, 
position, employment, benefit, or anything of value for the purpose of in- 
fluencing or obtaining the political support, aid, or vote of any person or 
persons. 

(12) Every elective officer in any such city shall, within thirty days 
after qualifying, file with the city clerk, and publish at least once in the 
daily newspaper of general circulation, or weekly, if there be no daily news- 
paper published, his sworn statement of all his election and campaign ex- 
penses, and by whom such funds were contributed. 

Any violation of the provisions of this section shall be a misdemeanor, 

and give ground for the removal from office. 

History: En. Sec. 25, Ch. 57, L. 1911; 
re-en. Sec. 5390, B. C. M. 1921. 

11-3132. (5394) Recall of elective officers. (1) The holder of any 
elective office may be removed at any time by the electors qualified to vote 
for a successor of such incumbent. The procedure to effect the removal of 
an incumbent of an elective office shall be as follows : A petition signed by 
twenty-five per cent of all qualified electors registered for the last preced- 
ing general municipal election, demanding an election of a successor of 
the person sought to be removed, shall be filed with the city clerk, which 
petition shall contain a general statement of the grounds for which the 
removal is sought. The signatures to the petition need not be appended 
to one paper, but each signer shall add to his signature his place of 
residence, giving the street and number. One of the signers of such paper 
shall make oath before an officer competent to administer oaths that the 
statements therein are true as he believes, and that each signature to the 
paper appended is the genuine signature of the person whose name it pur- 
ports to be. 

(2) Within ten days from the date of filing such petition the city clerk 
shall examine, and from the voters' register ascertain whether or not sai3 
petition is signed by the requisite number of qualified electors, and, if 
necessary, the council shall allow him extra help for that purpose; and he 
shall attach to said petition his certificate, showing the result of said ex- 
amination. If, by the clerk's certificate, the petition is shown to be insuffi- 
cient, it may be amended within ten days from the date of said certificate. 
The clerk shall, within ten days after such amendment, make like ex- 
amination of the amended petition, and if his certificate shall show the same 
to be insufficient, it shall be returned to the person filing the same ; without 
prejudice, however, to the filing of a new petition to the same effect. If the 
petition shall be deemed to be sufficient, the clerk shall submit the same to 
the council without delay. If the petition shall be found to be sufficient, the 
council shall order and fix a date for holding said election, not less than 
seventy days nor more than eighty days from the date of the clerk's cer- 
tificate to the council that a sufficient petition is filed. 

(3) The council shall make, or cause to be made, publication of notice 
and all arrangements for holding such election, and the same shall be con- 

81 



11-3133 ELECTION LAWS 

ducted, returned, and the result thereof declared, in all respects as are 
other elections. 

(4) As far as applicable, except as otherwise herein provided, nomina- 
tions hereunder shall be made without the intervention of a primary elec- 
tion by filing with the clerk, at least ten days prior to said special election, a 
statement of candidacy accompanied by a petition signed by electors 
entitled to a vote at said special election, equal in number to at least ten 
per cent of the entire number of persons registered to vote at the last 
preceding general municipal election, which said statement of candidacy 
and petition shall be substantially in the form set out in section 11-3112 of 
this code, so far as the same is applicable, substituting the word "special" 
for the word "primary" in such statement and petition, and stating therein 
that such person is a candidate for election instead of nomination. 

(5) The ballot for such special election shall be in substantially the fol- 
lowing form: 

Official Ballot. 

Special election for the balance of the unexpired term of 

as for 

(Vote for one only.) 

(Name of candidates.) 

Name of present incumbent. 

Official ballot attest. 

(Signature) , 

City Clerk. 

(6) The successor of any officer so removed shall hold office during the 
unexpired term of his predecessor. Any person sought to be removed may 
be a candidate to succeed himself, and unless he requests otherwise in 
writing, the clerk shall place his name on the official ballot without nomi- 
nation. In any such removal election, the candidate receiving the highest 
number of votes shall be declared elected. At such election, if some other 
person than the incumbent receives the highest number of votes, the in- 
cumbent shall thereupon be deemed removed from the office upon the 
qualification of his successor. In case the party who receives the highest 
number of votes should fail to qualify within ten days after receiving 
notification of the election, the office shall be deemed vacant. If the in- 
cumbent receive the highest number of votes, he shall continue in office. 
The said method of removal shall be cumulative, and additional to the 
methods heretofore provided by law. 

History: En. Sec. 29, Ch. bl, L. 1911; 
amd. Sec. 3, Ch. 2, L. 1916; re-en. Sec. 
5394, B. C. M 1921. 

11-3133. (5395) Ordinance — how submitted — petition ajid election. 

Any proposed ordinance may be submitted to the council by petition signed 
by electors of the city equal in number to the percentage hereinafter re- 
quired. The signature, verification, inspection, certification, amendment, 
and submission of such petition shall be the same as provided for petition 
under the preceding section. If the petition accompanying the proposed 

82 



CITIES AND TOWNS 11-3134 

ordinance be si^ed by electors equal in number to twenty-five per centum 
of the entire number of persons registered to vote at the last preceding gen- 
eral election, and contains a request that the said ordinance be submitted to 
a vote of the people, if not passed by the council, such council shall either: 

(a) Pass each ordinance without alteration within twenty days after 
the attachment of the clerk's certificate to the accompanying petition; or, 

(b) Forthwith, after the clerk shall attach to the petition accompany- 
ing such ordinance his certificate of sufficiency, the council shall call a 
special election, unless a general municipal election is fixed by law within 
thirty days thereafter, and at such special or general municipal election, 
if one is so fixed, such ordinance shall be submitted to the vote of the 
electors of such city. 

But if the petition is signed by not less than ten nor more than twenty- 
five per centum of the electors, as above defined, then the council shall, 
within twenty days, pass said ordinance without change, or submit the 
same at the next general city election occurring after the clerk's certifi- 
cate of sufficiency is attached to said petition. 

The ballots used when voting upon said ordinance shall contain these 
words: "For the ordinance" (stating the nature of the proposed ordinance), 
and "Against the ordinance" (stating the nature of the proposed ordinance). 
If a majority of the qualified electors voting on the proposed ordinance shall 
vote in favor thereof, such ordinance shall thereupon become a valid and 
binding ordinance of the city; and any ordinance proposed by the petition 
of which shall be adopted by a vote of the people cannot be repealed or 
amended except by a vote of the people. 

Any number of proposed ordinances may be voted upon at the same 
election, in accordance with the provisions of this section; but there shall 
not be more than one special election in any period of six months for such 
purposes. 

The council may submit a proposition for the repeal of any such ordi- 
nance, or for amendments thereto, to be voted upon at any succeeding 
general city election; and should such proposition so submitted receive a 
majority of the votes cast thereon at such election, such ordinance shall 
thereby be repealed or amended accordingly. "Whenever any ordinance or 
proposition is required by this act to be submitted to the voters of the city 
at any election, the city clerk shall cause such ordinance or proposition to 
be published once in each of the daily newspapers published in such city, 
and if there be none, then one time in each weekly newspaper published 
therein ; such publication to be not more than twenty nor less than five days 
before the submission of such proposition or ordinance to be voted on. 

History: En. Sec SO, Oil. 57, L. 1911; 
re-en. Sec. 6395, K. 0. M. 1921. 

11-3134. (5396) Taking effect and suspension of ordinances. No ordi- 
nance passed by the council, except when otherwise required by the general 
laws of this state or the provisions of this act, except an ordinance for the 
immediate preservation of the public peace, health, or safety, which contains 
a statement of its urgency, and is passed by a two-thirds vote of the council, 

83 



11-3135 ELECTION LAWS 

Bhall go into effect before ten days from the time of its final passage ; and 
if, during said ten days, a petition signed by electors of the city equal 
in number to at least twenty-five per centum of the entire number of per- 
sons registered to vote at the last preceding general municipal election, pro- 
testing against the passage of such ordinance, be presented to the council, 
the same shall thereupon be suspended from going into operation, and it 
shall be the duty of the council to reconsider such ordinance ; and if the 
same is not entirely repealed, the council shall submit the ordinance, as is 
provided by subdivision (b) of the preceding section, to the vote of the 
electors of the city, either at a general election or at a special municipal 
election to be called for that purpose ; and such ordinance shall not go into 
effect or become operative unless a majority of the qualified electors voting 
on the same shall vote in favor thereof. Said petition shall be in all re- 
spects in accordance with the provisions of the preceding section, except as 
to the percentage of signers, and be examined and certified to by the clerk 
in all respects as therein provided. 

History: En. Sac. 31, Oh. 67, L. 1911; 
re-«n. S*c. 6396, K. 0. li. 192L 

11-3135. (5397) Abandonment of commission form. Any city which 
shall have operated for more than one year under the provisions of this 
act may abandon such organization hereunder and accept the provisions 
of the general law of the state then applicable to cities of its population. 

Upon the petition of not less than ten per cent (10%) of the electors 
of such city registered for the last preceding general election, the following 
proposition shall be placed upon the ballot at the next regular city elec- 
tion, provided the petition be filed at least sixty (60) days prior to the 
date of such election: 

"Shall the city of (name of city) abandon its organization under 
chapter 57 of the acts of the twelfth leg^islative assembly and become a city 
under the general law governing cities of like population; or if formerly 
organized under special charter shall resume said special charter?" 

If the majority of the votes cast at such election be in favor of such 
proposition, the ofiBcers elected at the next succeeding biennial election 
shall be those then prescribed by the general law of the state for cities 
of like population, and upon the qualification of such officers such city 
shall become a city under such general law of the state, but such change 
shall not in any manner or degree affect the property, rights, or liabilities 
of any nature of such city, but shall merely extend to each change in 
its form of government. 

The sufficiency of such petition shall be determined, the election ordered 
and conducted, and the results declared, generally as provided for by 
section 11-3132 of this code, insofar as the provisions thereof are appli- 
cable ; or if now organized under special charter, may resume said special 
charter. Whenever the form of government of any city is determined by 
a vote of the people under the provision of this section, the same question 
shall not be submitted again for a period of two (2) years, and any 
ordinance adopted by a vote of the people shall not be repealed or the 
same question submitted for a period of two (2) years. 

84 



CITIES AND TOWNS 11-3137 



History: En. Sec. 32, Ch. 67, L. 1911; 5307, K. 0. M. 1921; amd. Bee. 1, Oh. 106. 
amd. 8«c. 1, Ch. 128, L. 1913; re-enu Sec. L. 1961. 

11-3136. (5398) Requirements of petitions. Petitions provided for in 

this act shall be signed by none but legal voters of the city. Each petition 

shall contain, in addition to the names of the petitioners, the street and 

house number in which the petitioner resides, his length of residence in 

the city. It shall also be accompanied by the affidavit of one or more 

legal voters of the city, stating that the signers thereof were, at the time 

of signing, legal voters of said city, and the number of signers at the 

time the affidavit was made. 

History: En. Sec. 33, Ch. 67, L. 1911; 
re-en. Sec. 6398, B. 0. M. 1921; amd. 8«c. 
2, Ch. 106. L. 106L 

11-3137. (5399) Effect of a^t upon existing laws. All acts and parts of 
acts, and all laws, not inconsistent with any of the provisions of this act, 
now in force or hereafter enacted relative to municipal corporations, are 
hereby continued in full force and effect, and shall be considered and con- 
strued as not repealed by this act, except insofar as the same may be in 
conflict or inconsistent with the provisions of this act. 

History: En. Sec. 34, Ch. 57. L. 1911; 
re-en. Sec. 6399, R. 0, M. 1921. 



CHAPTER 32 
COMMISSION-MANAGER FORM OF GOVERNMENT 

Section 11-3201. Any city may reorganize under commission-manager form. 

11-3202. Submission of question to electors — petition and order of election. 

11-3203. Proclamation of election. 

11-3204. Ballots— form. 

11-3205. Certificate of result of election — election not to be held within two 
years after failure to adopt. 

11-3206. Special election for electing commissioners. 

11-3207. Manner of conducting election — canvassing votes. 

11-3208. Laws governing city — ordinances — territorial limits and property. 

11-3209. Organization of communities or groups of communities as municipality 
— election proclamation — election of commissioners. 

11-3210. Powers of municipalities under commission-manager plan. 

11-3211. Form of government to be known as commission-manager plan — com- 
position of commission — powers. 

11-3212. Qualification of commissioners — tenure of oflfice — expiration of terms. 

11-3213. Filling of vacancies in commission. 

11-3214. Qualifications of commissioners — holding other public office forbidden 
— interest in contracts not allowed — accepting gratuities forbidden. 

11-3215. Nomination of candidates — primary election. 

11-3216. Ballots — form, contents and distribution — qualification of electors — 
conduct of election. 

11-3217. Arrangement of names of candidates on ballot. 

11-3218. Date of holding regular elections — special elections. 

11-3218.1. Dispensing of general election. 

11-3219. Filing of election expenses of candidates — penalty for violations. 

11-3220. Recall of commissioners — petition for recall. 

11-3221. Issuance of petition papers. 

11-3222. Signatures and affidavit to petition papers. 

11-3223. Assembling and filing of petition papers. 

11-3224. Notification of officer — recall election. 

85 



11-3201 ELECTION LAWS 



11-3225. Ballots at recall election — requirements — nomination of candidates to 
fill vacancies. 

11-3226. Effect of majority vote for or against recall. 

11-3227. Limitation upon time of filing recall petition. 

11-3228. Working for candidate forbidden. 

11-3229. Bribery' — false answers concerning qualifications of elector — voting by 
disqualified person. 

11-3230. Proposed ordinances — how submitted — requirements of petition to 
submit. 

11-3231. Signatures and affidavit to petitions. 

11-3232. Assembling and filing of petition papers — hearing upon proposed ordi- 
nances — submission to electors. 

11-3233. Submission of petition and proposed ordinance to clerk. 

11-3234. When proposed ordinance is to be submitted to electors. 

11-3235. Contents of ballot — when proposed ordinance becomes effective. 

11-3236. Repealing ordinances — publication, amendment and repeal of initiated 
ordinances. 

11-3237. When ordinances of commission take effect — petition for repeal sus- 
pends effect unless law is complied wiUi. 

11-3238. Reconsideration of ordinance — submission to electors — failure to ap- 
prove operates as repeal. 

11-3239. Contents and requirements of referendum petitions — ballots. 

11-3240. Other ordinances subject to referendum. 

11-3241. Highest affirmative vote prevails when referendum ordinances conflict 

11-3242. Emergency ordinances subject to referendum — rules applicable. 

11-3243. Ordinances providing for expenditures, bond issues, public improve- 
ments submitted to electors — preliminary steps prior to election — 
qualifications of electors. 

11-3244. Oath and bond of commissioners. 

11-3245. Designation of mayor — procedure in case of tie vote— vacancy in 
office of mayor — powers and duties of mayor. 

11-3246. Selection of successor to mavor in event of his recall — mayor when 
all commissioners are recalled. 

11-3247. Quorum of commissioners — recording votes and proceedings. 

11-3248. Compensation of commissioners and mayor. 

11-3249. Meetings of commission— unauthorized absence creates vacancy — 
meetings and minutes to be public — rules and order of business. 

11-3201. (5400) Any city may reorganize under commission-manager 
form. Any municipality may abandon its organization and reorpranize un- 
der the provisions of this act, by proceeding as hereinafter provided. 

History: En. Sec. 1, Ch. 152, L. 1917; 
re-en. Sec. &400, K. C. M. 1921. 

11-3202. (5401) Submission of question to electors — petition and order 
of election. Upon a petition being filed with the city or town council, 
signed by not less than twenty-five per cent of the qualified electors of such 
municipality registered for the last preceding general municipal election, 
praying that the question of reorganization under this act be submitted 
to the qualified electors of such municipality, said city or town council 
shall thereupon, and within thirty days thereafter, order a special election 
to be held, at which election the question of reorganization of such munici- 
pality under the provisions of this act shall be submitted to the qualified 
electors of such municipality. 

Such order of the city or town council shall specify therein the time 

when such election shall be held, which must be within ninety days from 

the date of filing of such petition. 

History: En. Sec. 2, Ch. 152, L. 1917; 
re-en. Sec. 6401, E. C. M. 1921. 

86 



CITIES AND TOWNS 11-3206 

11-3203. (5402) Proclamation of election. Upon the city or town coun- 
cil ordering such special election to be held, the mayor of such municipality 
shall issue a proclamation setting forth the purpose for which such special 
election is held, and the date of holding such special election, which procla- 
mation shall be published for ten consecutive days in each daily newspaper 
published in said municipality, if there be such, otherwise once a week for 
two consecutive weeks in each weekly newspaper published therein, and 
such proclamation shall also be posted in at least five public places within 
such municipality. 

History: En. Sec. 3, Ch. 152, L. 1917; 
re-en. Sec. 5402, R. 0. M. 1921. 

11-3204. (5403) Ballots — form. At such election, the ballots to be used 
shall be printed on plain white paper, and shall be headed "Special election 
for the purpose of submitting to the qualified electors of (city, town) of 
(name of city or town) under chapter (name of chapter containing this act) 
of the acts of the fifteenth legislative assembly," and shall be substantially 
in the following form : 

For reorganization of the (city, town) of (name of city or town) 
under chapter (name of chapter containing this act) of the acts of the 
fifteenth legislative assembly. 

Against reorganization of the (city, town) of (name of city or town) 
under chapter (name of chapter containing this act) of the acts of the 
fifteenth legislative assembly. 

Such election shall be conducted, and vote canvassed and result de- 
clared in the same manner as provided by law in respect to other municipal 
elections. 

History: En. Sec. 4, Ch. 152, L. 1917; 
re-en. Sec. 5403, B. 0. M. 1921. 

11-3205. (5404) Certificat* of result of election— election not to be 
held within two years after failure to adopt. If such proposition is adopted, 
the mayor shall transmit to the governor, to the secretary of state and to 
the county clerk and recorder, each a certificate stating that such proposi- 
tion was adopted. If such proposition shall not be adopted at such special 
election, such proposition shall not again be submitted to the electors of 
such municipality within a period of two years from the date of the last 
submission. 

History: En. Sec. 5, Oh. 162, L. 1917; 
re-en. Sec. 5404, R. C. M. 1921; amd. Sec. 
1, Ch. 31, L. 1923. 

11-3206. (5405) Special election for electing commissioners. If the 

majority of the votes cast at such election shall be in favor of such propo- 
sition, the city or town council must hold a meeting within one week there- 
after and at such meeting order a special election to be held for the purpose 
of electing the number of commissioners to which such municipality shall 
be entitled, which order shall specify the time of holding such election, 
which must be within ninety days after the making of such order, and the 
mayor shall thereupon issue a proclamation setting forth the purpoBo for 
which such special election is held and the day of holding the numo, wJiich 

87 



11-3207 ELECTION LAWS 

proclamation shall be published for ten successive days in each daily news- 
paper published in such municipality if there be such, otherwise for two 
successive weeks in each weekly newspaper published therein, and a copy 
thereof shall also be posted at each voting place within said municipality 
and also in five of the most public places in said municipality. 

History: En. Sec. 6, COl 162, 1*. 1917; 
re-eu. S*c. &406, B. 0. M. 1921; amd. Sec. 
2, Oh. SI, L. 1923. 

11-3207. (5406) Majmer of conducting election — canvassing votes. 

Such election shall be conducted, the vote canvassed, and the result declared 

in the same manner as provided by law in respect to other municipal 

elections. 

History: En. Sec. 7, Oh. 152, L. 1917; 
re-en. Sec. 6406, K. 0. M. 1921. 

11-3208. (5407) Laws governing city — ordinances — territorial limits 
and property. All laws governing municipalities of like population, and 
not inconsistent with the provisions of this act, shall apply to and govern 
municipalities organized under this act. All by-laws, ordinances, and reso- 
lutions lawfully passed and in force in any such municipality under its 
organization, not in conflict herewith, shall remain in force until altered or 
repealed by the commission under the provisions of this act. The terri- 
torial limits of such municipality shall remain the same as under the former 
organization, and all rights and property of every description which were 
vested in any such municipality under its former organization shall vest in 
the same under the organization herein contemplated, and no right or 
liability either in favor of or against it, existing at the time, and no suit 
or prosecution of any kind, shall be affected by such change, unless otherwise 
provided for in this act. 

History: En. Sec. 8, Oh. 152, L. 1917; 
re-en. Sec. 5407, B. O. M. 1921. 

11-3209. (5408) Organization of communities or groups of commnnities 
as municipality — election proclamation — election of commissioners. When- 
ever the inhabitants of any community or group of communities in any 
county, whether separately incorporated in whole or in part, or unincor- 
porated, which are situated in such proximity or location with reference 
to each other as to make single municipal control necessary or desirable, 
shall desire to be organized into or annexed to an incorporated city or 
town under the provisions of this act, the board of county commissioners 
of such county may, or upon the presentation of a petition signed by not 
less than twenty-five per cent of the qualified electors in such community 
or group of communities must, issue a proclamation ordering a special 
election to be held, at which election the question of the organization of 
such community or group of communities as a municipality under the 
provisions of this act shall be submitted to the qualified electors within the 
proposed municipal district. Said proclamation shall specify the time when 
and the places where such election shall be held, which must be within 
ninety days from the date of filing such petition, and shall define the bound- 

88 



CITIES AND TOWNS 11-3210 

aries of said proposed municipal district, which shall include all such com- 
munities and cities, and such additional adjacent territory as shall, in the 
judgment of the board of county commissioners, provide for future urban 
growth. 

If a majority of the legal voters at said election vote in favor of the 
organization of such municipal district, or in favor of annexation to an 
incorporated city or town, then the board of county commissioners shall 
declare the result of said elections, and immediately thereafter shall give 
notice for thirty days in a newspaper published within the proposed muni- 
cipal district, or if none be published therein, by posting notices in six 
public places within the limits of said district of the time and place or 
places of holding the first election for commissioners of such municipal 
district under this law. At such election all electors qualified by the general 
election laws of the state who have resided within the limits of the municipal 
district for six months are qualified electors. The board of county commis- 
sioners must appoint judges and clerks of election, and canvass and de- 
clare the result thereof. The election must be conducted in the manner pre- 
scribed by law for the election of county officers, and the commissioners so 
elected must qualify in the manner prescribed by law .for county officers. 

History: En. Sec. 9, Oh. 162, L. 1917; 
amd. Sec. 1, Cb. 44, L. 1919; re-en. Sec. 
6408, B. 0. M. 1921. 

11-3210. (5409) Powers of municipalities tmder commission-manager 
plan. The inhabitants of any municipality, coming under the provisions 
of this act, as its limits now are, or may hereafter be, shall be a body 
politic and corporate and have a corporate name, and as such shall have 
perpetual succession, and may use a corporate seal. Through its duly elected 
officers, it may sue ami be sued ; may acquire property in fee simple or lesser 
interest, or estate by purchase, gift, devise, appropriation, lease, or lease 
with the privilege to purchase for any municipal purpose; may sell, lease, 
hold, manage, and control such property, and make any and all rules and 
regulations by ordinance or resolution which may be required to carry 
out fully all provisions of any conveyance, deed, or will, in relation to any 
gift or bequest, or the provisions of any lease by which it may acquire 
property; may acquire, construct, own, lease, and operate and regulate 
public utilities; may assess, levy, and collect taxes for general and special 
purposes on all the subjects or objects which the municipality may lawfully 
tax ; may borrow money on the faith and credit of the municipality by the 
issue or sale of bonds or notes of the municipality ; may appropriate money 
of the municipality for all lawful purposes; may create, provide for, con- 
struct, regulate and maintain all things of nature of public works and im- 
provements ; may levy and collect assessments for improvement districts and 
other local improvements; may license and regulate persons, corporations, 
and associations engaged in any business, occupation, profession, or trade ; 
may define, prohibit, abate, suppress, and prevent all things detrimental to 
the health, morals, comfort, safety, convenience, and welfare of the in- 
habitants of the municipality, and all nuisances and the causes thereof; may 
regulate the construction, height, and the material used in all buildings, and 

89 



11-3211 ELECTION LAWS 

the maintenance and occupancy thereof; may regulate and control the use, 
for whatever purpose, of the streets and other public places ; may create, 
establish, abolish, and organize offices, and fix the salaries and compensa- 
tions of all officers and employees ; may make and enforce local sanitary 
and police and other regulations; and may pass such ordinances as may be 
expedient for maintaining and promoting peace, good government, and 
welfare of the municipality, and for the performance of the functions there- 
of. The municipality shall have all powers that now are or hereafter may be 
granted to municipalities by the constitution or laws of Montana; and all 
such powers, whether expressed or implied, shall be exercised and enforced 
in the manner prescribed by this act, or when not prescribed therein, in such 
manner as shall be prescribed by the ordinances or resolutions of the 
commission. 

History: En. S6C. 10, Ch. 162, L. 1917; 
re-en. Sec. 6409, R, C. M. 1921. 

11-3211. (5410) Form of government to be known as oommission- 
majiager plan — composition of commission — powers. The form of govern- 
ment provided for in this chapter shall be known as the "commission- 
manager plan," and shall consist of a commission of citizens, who shall be 
elected at large in the manner hereinafter provided. The commission shall 
consist of three (3) commissioners for all municipalities having a population 
of less than fifteen thousand (15,000) and five (5) commissioners for all 
cities having a population of fifteen thousand (15,000) or more. The commis- 
sion shall constitute the governing body, with powers as hereinafter pro- 
vided, to pass ordinances, adopt regulations and appoint a chief administra- 
tive officer to be known as the "city manager," and exercise all powers as 
hereinafter provided. 

History: En. Sec. 12, Ch. 152, L. 1917; 
re-en. Sec. 6410, R. C. M. 1921; amd. Sec. 
1, Ch. 60, L. 1943. 

11-3212. (5411) Qualification of commissioners — tenure of office — ex- 
piration of terma. The commissioners elected at the first election shall 
qualify and their terms of office shall begin on the first Monday after their 
election, and the terms of office of the mayor and councilmen or aldermen in 
such city or town in office at the beginning of the term of office of the com- 
missioners first elected under the provisions of this act shall cease and 
terminate, and the terms of office of all their appointed officers, and of all 
of the employees of such city or town, shall cease and terminate as soon 
as the commissioners shall by resolution declare. 

All commissioners shall serve for a term of four years and until their 
successors are elected and have qualified; except that at the first election 
the two candidates having the highest number of votes shall hold office 
for a period of four years, less the time elapsed since the 31st day of 
December of the odd numbered year last preceding. The terms of office of 
all other candidates shall expire on the 31st day of December in any odd 
numbered year following the special election provided for in this act, at 
which the first commissioners are elected. 

History: En. Sec. 13, Ch. 162, L. 1917; 
re-en. Sec. 6411, B. C. M. 1921; amd. Sec. 
3, Ch. 31, L. 1923. 

90 



CITIES AND TOWNS 11-3215 



11-3213. (5412) Filling of vacancies in commission. Vacancies in the 
commission shall be filled by the commission for the remainder of the unex- 
pired term, but any vacancy resulting from a recall shall be filled in the 
manner provided in such case. 

History: En. Sec. 14, Ch. 152, L. 1917; 
re-en. Sec. 5412, R. C. M. 1921. 

11-3214. (5413) Qualifications of commissioners — holding other public 
office forbidden — interest in contracts not allowed — accepting gratuities for- 
bidden. Members of the commission shall be residents of the city or town 
and have the qualifications of electors, and own real estate situated therein 
to the assessed value of not less than one thousand dollars. Commissioners 
and other officers and employees shall not hold any other public office or 
employment, except in the state militia, as school trustees, or notary 
publics, and shall not be interested in the profits or emoluments of any 
contract, job, work, or service for the municipality. Any commissioner who 
shall cease to possess any of the qualifications herein required, shall forth- 
with forfeit his office, and any such contract in which any member is or may 
be interested, may be declared void by the commission. 

No commissioner or other officer or employee of said city or town shall 

accept any frank, free ticket, pass or service directly or indirectly, from 

any person, firm or corporation upon terms more favorable than are granted 

to the public generally. Any violation of the provisions of this section 

shall be a misdemeanor and shall also be sufficient cause for the summary 

removal or discharge of the offender. Such provisions for free service shall 

not apply to policemen or firemen in uniform or wearing their official 

badges, where the same is provided by ordinance, nor to any commissioner, 

nor to the city manager, nor to the city attorney, upon official business, 

nor to any other employee or official of said city on official business who 

exhibits written authority signed by the city manager. 

History: En. Sec. 15, Oh. 162, L. 1917; 
re-en. Sec. 5413, B. C. M. 1921; amd. Sec. 
4, Cli. 31, L. 1923. 

11-3215. (5414) Nomination of candidates — primary election. (1) Can- 
didates to be voted for at all general municipal elections at which com- 
missioners are to be elected under the provisions of this act shall be nomi- 
nated by a primary election, and no other names shall be placed upon 
the general ballot except those nominated in the manner hereinafter pre- 
scribed. The primary election for such nominations shall be held on the 
last Tuesday of August of the odd-numbered years. 

(2) Any qualified elector of the municipality, who is the owner of real 
estate situated therein to the value of not less than one thousand dollars, 
desiring to become a candidate for commissioner, shall, at least ten days 
prior to said primary election, file with the clerk of the commission a 
statement of such candidacy in substantially the following form : 

State of Montana, ^ 

County of J 

91 



11-3215 ELECTION LAWS 

I, , being first duly sworn, say that I reside 

at street, (city, town) of , county 

of , state of Montana; that I am a qualified voter 

therein ; that I am a candidate for nomination to the office of commis- 
sioner to be voted upon at the primary election to be held on the last 

Tuesday of August, 19 , and I hereby request that my name be 

printed upon the official primary ballot for nomination by such primary 

election for such office. 

(Signed) 

Subscribed and sworn to (or affirmed) before me by 

on this day of , 19 

(Signed) 

And shall at the same time file therewith the petition of at least twenty- 
five qualified voters requesting such candidacy. Each petition shall be 
verified by one or more persons as to qualifications and residence, with 
street number, of each of the persons so signing the said petition, and 
the said petition shall be in substantially the following form : 

(3) Petition Accompanying Nominating Statement. 

The undersigned duly qualified electors of the (city, town) of 

, and residing at the places set opposite our 

respective names hereto, do hereby request that the name of (name of 
candidate) be placed on the ballot as a candidate for nomination to 
the office of commissioner at the primary election to be held on the last 

Tuesday of August, 19 We further state that we know him to be a 

qualified elector of said (city, town), and a man of good moral character, 
and qualified, in our judgment, for the duties of such office, and we indi- 
vidually certify that we have not signed similar petitions greater in 
number than the number of commissioners to be chosen at the next gen- 
eral municipal election. 

Names of Qualifying Electors. Number. Street. 

(Space for Signatures.) 

State of Montana, ") 

i^ss. 

County of J 

, being duly sworn, deposes and 

says, that he knows the qualifications and residence of each of the per- 
sons signing the appended petition, and that such signatures are genuine, 
and the signatures of the persons whose names they purport to be. 

(Signed) 

Subscribed and sworn to before me this day 

of , 19 



Notary Public. 

This petition, if found insufficient, shall be returned to 

at No street, 

, Montana. 

(4) Immediately upon the expiration of the time of filing the state- 
ments and petition for candidates, the clerk of the commission shall cause to 

92 



CITIES AND TOWNS 11-3216 

be published for three consecutive days in all the daily newspapers pub- 
lished in the municipality in proper form, the names of the persons that 
are to appear upon the primary ballots, and if there be no daily news- 
paper, then in two issues of any other newspaper that may be published 
in said municipality, and the said clerk shall thereupon cause the primary 
ballots to be printed, and authenticated with a facsimile of his signature. 
(5) In the event the number of legally qualified candidates for the 
office of commissioner at such primary election does not exceed twice the 
number of vacancies in the commission to be filled, no municipal primary 
election for the nomination of candidates for the office of commissioner 
shall be held in said city for said year and such legally qualified candi- 
dates shall be deemed duly nominated and shall be placed on the general 

ballot. 

History: En. Sec. 16, Ch. 152, L. 1917; 
re-en. Sec. 5414, B. C. M. 1921; amd. Sec. 
1, Ch. 36, L. 1961. 

11-3216. (5415) Ballots — form, contents and distribution — qualification 
of electors — conduct of election. (1) All ballots used in all elections held 
under authority of this act shall be without party mark or designation. The 
ballots shall be printed on plain, substantial white paper, 

(2) Except that the crosses here shown shall be omitted, and that in 
place of the names of persons here shown, there shall appear the names of 
the persons who are candidates for nomination, the primary ballots shall 
be substantially as hereinafter designated. Primary, regular and special 
election ballots provided under authority of this act for the nomination or 
election of commissioners shall not bear the name of any person or persons 
or any issue other than those of candidates for the nomination or election 
to the office of commissioner. 

Official Primary Ballot. 

Vote for (insert here a number equal to the number of persons to be 
elected to the office of commissioner at the next regular municipal election.) 

If you wrongly mark, tear or deface this ballot, return it and obtain 
another. 

Candidates for nomination to the office of commissioner at the primary 
election. 



X 



John Doe 



X Henry Smith 



X George Jones 



X 



James Richards 



X 



Richard Doe 



Official Ballot Attest : 

93 



11-3217 ELECTION LAWS 
(Signature) 



Clerk of the Commission. 



(3) Having caused said ballots to be printed, the clerk of the commis- 
sion shall cause to be delivered at each polling place a number of said 
ballots, ten per cent in excess of the number of such voters registered in 
such polling place at the last general municipal election. The persons who 
are qualified to vote at the general election, shall be qualified to vote at 
such primary election, and any person offering to vote, may be orally chal- 
lenged by any elector of the municipality upon any or all grounds set forth 
and specified in section 23-1220, and the provisions of sections 23-1221 to 
23-1228, inclusive, shall apply at all challenges made at such election. Judges 
of election shall immediately upon the closing of the polls, count the ballots 
and ascertain the number of such vfttes cast in such precinct for each of the 
candidates, and make return thereof to the clerk of the commission upon 
proper blanks to be furnished by the clerk of the commission within twelve 
hours of the closing of the polls. Not later than the first legal day after 
he shall have received such returns, the clerk of the commission shall can- 
vass said returns so received from all the polling precincts and shall make 
and publish in all the newspapers in said municipality, at least once, the 
result thereof. Said canvass by the clerk of the commission shall be made 
publicly. 

(4) The candidates for nomination to the office of commissioner who 
shall have received the greatest vote in such primary election shall be placed 
on the ballot at the next regular municipal election, in number not to 
exceed double the number of vacancies in the commission to be filled. 

(5) Except as otherwise in this act provided all electors of municipali- 
ties under this act, who, by ordinances governing cities and towns incor- 
'porated under the general municipal incorporation law, or by charter, 
would be entitled to vote for the election of officers at any general municipal 
election in such cities or towns, shall be qualified to vote at all elections 
under this act ; and the ballots to be used at such general municipal elections, 
shall be in the same general form as for such primary election so far as 
applicable, and in all elections in such municipalities, the election precincts, 
voting places, method of conducting the elections, canvassing of votes and 
announcing the results, shall be the same as by law provided for the 
election of officers in such cities or towns so far as the same are applicable 
and not inconsistent with the provisions of this act. 

History: En. Sec. 17, Ch. 152, L. 1917; 
re-en. Sec. 6415, R. C. M. 1921; amd. Sec. 
6, Ch. 31, L. 1923. 

11-3217. (5416) Arrangement of names of candidates on ballot. The 

names of candidates on all ballots used in any election held under the 
authority of this act shall be printed in rotation, as follows: 

The ballot shall be printed in as many series as there are candidates 
for the office of commissioner. The whole number of ballots to be printed 
shall be divided by the number of series, and the quotient so obtained 



94 



CITIES AND TOWNS 11-3220 

shall be the number of ballots in each series. In printing the first series 
of ballots, the names of candidates shall be arranged in alphabetical order. 
After printing the first series, the first name shall be placed last and the 
next series printed, and the process shall be repeated until each name in 
the list shall have been printed first an equal number of times. The bal- 
lots so printed shall then be combined in tablets, so as to have the fewest 
possible ballots having the same order of names printed thereon together 
in the same tablet. 

History: En. Sec. 18, Ch. 152, L. 1917; 
re-en. Sec. 5416, R. C. M. 1921. 

11-3218. (5417) Date of holding regular elections — snecial elections. A 

regular election for the choice of commissioners, provided for in this act, 
shall be held on the first Tuesday after the first Monday in November of 
any odd-numbered year, and on the first Tuesday after the first Monday in 
November in each second year thereafter. Elections so held shall be known 
as regular municipal elections. All other elections held under the provisions 
of this act, excepting those for the nomination of candidates for the office 
of commissioner, shall be known as special municipal elections. 

History: En. Sec. 19, Ch. 152, L. 1917; 
re-en. Sec. 5417, R. C. M. 1921. 

11-3218.1. Dispensing of general election. Whenever, in any city op- 
erating under a commission-manager form of government at a primary elec- 
tion held in accordance with section 11-3215, the number of nominees shall 
not exceed the number of officers to be elected, then such nominees shall 
be deemed duly elected to the respective offices. Then, in that event, no gen- 
eral municipal election shall be held in said city for said year. All matters, 
other than the election of officers, upon which the general public shall vote 
shall be disposed of at the primary election unless a special election is held 
for that purpose. 

History: En. Sec. 1, Ch. 75, L. 1955. 

11-3219. (5418) Filing of election expenses of candidates — penalty for 
violations. Every candidate for commissioner shall, within thirty (30) days 
after the election, file with the clerk of the commission his sworn statement 
of all his election and campaign expenses, and by whom such funds were 
contributed. 

Any violation of the provisions of this section, shall be a misdemeanor 

and if committed by a successful candidate, give ground for the removal 

from office. 

History: En. Sec. 20, Ch. 152, L. 1917; 
re-en. Sec. 5418, R. C. M. 1921; amd. Sec. 
6, Ch. 31, L. 1923. 

11-3220. (5419) Recall of commissioners — petition for recaU. Any or 

all of the commissioners provided for in this act may be removed from 
office by the electors. The procedure to effect such removal, shall be as 
follows : 

A petition demanding that the question of removing such officers be 
submitted to the electors shall be filed with the clerk of the commission. 

95 



11-3221 ELECTION LAWS 

Such petition for the recall of any or all of the commissioners shall be 
signed by at least twenty-five per cent of the total number of registered 
voters in the municipality. 

The signature to such petition need not be appended to any one paper. 

History: En. S«c. 21, Ota. 152, I*. 1917; 
re-en. Sec. 6419. B. O. M. 1921. 

11-3221. (5420) Issuance of petition papers. Petition papers shall be 
procured only from the clerk of the commission, who shall keep a sufficient 
number of such blank petitions on file for distribution as herein provided. 
Prior to the issuance of such petition papers, an affidavit shall be made by 
one or more qualified electors and filed with the clerk of the commission, 
stating the name and the office of the officer or officers sought to be removed. 
The clerk of the commission, upon issuing any such petition papers to 
an elector, shall enter in a record, to be kept in his office, the name of 
the elector to whom issued, the date of such issuance, and the number of 
papers issued, and shall certify on such papers the name of the elector to 
whom issued, and the date issued. No petition papers so issued shall be 
accepted as part of the petition unless it bears such certificate of the 
clerk of the commission, and unless it be filed as provided herein. 

History: En. Sec. 22, Ch. 1S2, L. 1917; 
re-en. Sec. 5420, B. 0. M. 1921. 

11-3222. (5421) Signatures and affidavit to petition papers. Each 
signer of a recall petition shall sign his name in ink or indelible pencil, 
and shall place thereon, after his name, his place of residence by street and 
number. To each such petition paper there shall be attached an affidavit of 
the circulator thereof, stating the number of signers to such part of the 
petition, and that each signature appended to the paper was made in his 
presence and is the genuine signature of the person whose name it pur- 
ports to be. 

History: En. Sec. 23, Ch. 162, L. 1917; 
re-en. Sec. 5421, B. 0. M. 1921. 

11-3223. (5422) Assembling and filing of petition papers. All papers 
comprising a recall petition shall be assembled and filed with the clerk of 
the commission as one instrument within thirty days after the filing with 
the clerk of the commission of the affidavit stating the name and the office 
of the officer sought to be removed. 

History: En. Sec 24, Ota. 152, L. 1917; 
re-en. Sec. 6422, B. O. M. 192L 

11-3224. (5423) Notification of officer— recaU election. The clerk of 
the commission shall at once submit the recall petition to the commission, 
and shall notify the officer sought to be recalled of such action. If the 
official whose removal is sought does not resign within five days after such 
notice, the commission shall thereupon order and fix a day for holding a 
recall election. Any such election shall be held not less than seventy nor 
more than eighty days after the petition has been presented to the commis- 
sion, at the same time as any other general or special election held within 

96 



CITIES AND TOWNS 11-3228 

such period; but if no such election be held within such period, the commis- 
sion shall call a special recall election to be held within the time aforesaid. 

History: En, Sec. 25, Oh. 152, L, 1917; 
re-«n. Sec. 5423, B. C. M. 1921. 

11-3225. (5424) Ballots at recall election — requirements — nomination of 
candidates to fill vacancies. The ballots at such recall election shall con- 
form to the following requirements : 

With respect to each person whose removal is sought, the question shall 
be submitted, "Shall (name of person) be removed from the oflBce of (name 
of office) by recall?" 

Immediately following each such question, there shall be printed on the 
ballots the two propositions, in the order set forth: 

"For the recall (name of person). 

Against the recall (name of person)." 
Immediately to the left of the proposition shall be placed a square in 
which the electors, by making a cross mark (X), may vote for either of 
such propositions. Under said questions shall be placed the names of can- 
didates to fill the vacancy or vacancies. The name of the officer or officers 
whose removal is sought shall not appear on the ballot as a candidate or 
candidates to succeed himself or themselves. 

Before any such recall election for the removal of commissioners shaU 
be had, there shaU be nominated candidates to fiU the vacancy or vacan- 
cies, the nominations therefor to be made by petition, which petition for 
each candidate shall be signed by at least twenty-five registered electors, 
and shall be filed at least thirty days prior to the date fixed for holding 
such recall election ; and the form and requirements for said petition shall 
be the same as hereinbefore provided in the ease of primary nominations. 

History: En. Sec. 26, Ch. 152, L. 1917; 
re-en. Sec. 5424, B. 0. M. 1921. 

11-3226. (5425) Effect of majority vote for or against recall Should 
a majority of the votes cast at a recall election be against the recall of the 
officer named on the ballot, such officer shall continue in the office for the re- 
mainder of his unexpired term, subject to recall as before. If a majority 
of the votes cast at a recall election shall be for the recall of the officer 
named on the ballot, he shall, regardless of any technical defects in the 
recall petition, be deemed removed from office. 

HUtory: En. Sec 27, Ch, 152, L. 1917; 
r»-en. Sec. 5425, B. 0. M. 1921. 

11-3227. (5426) Limitation npon time of filing recall petition. No re- 
call petition shall be filed against a commissioner within six months after he 
takes his office, nor, in case of an officer reelected in a recall election, until 
six months after that election. 

History: En, Sec. 28, Oh. 152, L. 1917; 
re-en. Sec. 5426, B. 0. M. 192L 

11-3228. (5427) Working for candidate forbidden. Any person who 
shall agree to perform any services in the interest of any candidate for any 
office provided in this act, in consideration of any money or other valuable 

97 



11-3229 ELECTION LAWS 

thing for such services performed in the interest of any candidate, shall be 
punished by a fine not exceeding three hundred dollars, or be imprisoned 
in the county jail not exceeding thirty days, or both such fine and imprison- 
ment. 

History: En. Sec. 29, Ch. 152, L. 1917; 
re-en- Sec. 5427, E. C. M. 1921. 

11^229. (5428) Bribery — false answers concerning qualifications of 
elector — voting by disqualified person. Any person offering to give a bribe, 
either in money or other consideration, to any elector for the purpose of 
influencing his vote at any election provided in this act, or any elector 
entitled to vote at any such election receiving and accepting such bribe or 
other consideration ; any person who agrees, by promise or written state- 
ment, that he will do, or will not do, any particular act or acts, for the 
purpose of influencing the vote of any elector or electors at any election pro- 
vided in this act ; any person making false answer to any of the provisions 
of this act relative to his qualifications to vote at such election; any person 
wilfully voting or offering to vote at such election, who has not been a 
resident of this state for one year next preceding said election, or who is 
not twenty-one years of age, or is not a citizen of the United States, or 
knowing himself not to be a qualified elector of such precinct where he 
offers to vote ; any person knowingly procuring, aiding, or abetting any 
violation hereof, shall be deemed guilty of a misdemeanor, and, upon con- 
viction, shall be fined a sum of not less than one hundred dollars nor 
more than five hundred dollars, or be imprisoned in the county jail not 
less than ten nor more than ninety days, or both such fine and imprisonment. 

History: En. Sec. 30, Ch. 162, L. 1917; 
re-en. Sec. 5428, B. 0. M. 1921. 

11-3230. (5429) Proposed ordinances — how submitted — requirements of 
petition to snbmit. Any proposed ordinance may be submitted to the com- 
mission by petition signed by at least ten per cent of the total number of 
registered voters in the municipality. All petition papers circulated with 
respect to any proposed ordinance shall be uniform in character and shall 
contain the proposed ordinance in full, and have printed or written thereon 
the names and addresses of at least five electors who shall be officially re- 
garded as filing the petition, and shall constitute a committee of the peti- 
tioners for the purposes hereinafter named. 

History: En. Sec. 31, C?h. 152, L. 1917; 
re-en. Sec. 5429, B. 0. M. 1921. 

11-3231. (5430) Signatures and affidavit to petitions. Each signer of 
a petition shall sign his name in ink or indelible pencil, and shall place on 
the petition papers, after his name, his place of residence by street and 
number. The signatures of any such petition papers need not all be appended 
to one paper, but to each such paper there shall be attached an affidavit by 
the circulator thereof, stating the number of signers to such part of the 
petition, and that each signature appended to the paper is the genuine sig- 

98 



CITIES AND TOWNS 11-3235 

nature of the person whose name it purports to be, and was made in the 

presence of the affiant. 

History: En. Sec. 32, Cli. 152, L. 1917; 
re-en. Sec. 5430, R. C. M. 1921. 

11-3232, (5431) Assembling ajid fiUng of petition papers — hearing upon 
proposed ordinances — submission to electors. All papers comprising a peti- 
tion shall be assembled and filed with the clerk of the conimission as one 
instrument, and when so filed, the clerk of the commission shall submit the 
proposed ordinance to the commission at its next regular meeting. Pro- 
vision shall be made for public hearings upon the proposed ordinances. 

The commission shall at once proceed to consider it, and shall take final 

action thereon within thirty days from the date of submission. If the 

commission rejects the proposed ordinance, or passes it in a different form 

from that set forth in the petition, the committee of the petitioners may 

require it to be submitted to a vote of the electors in its original form, or 

that it be submitted to a vote of the electors with any proposed change, 

addition, or amendment, if a petition for such election is presented bearing 

additional signatures of fifteen per cent of the electors of the city or town. 

History: En. Sec. 33, Ch. 152, L. 1917; 
re-en. Sec. 5431, R. O. M. 1921. 

11-3233. (5432) Submission of petition and proposed ordinance to clerk. 

When an ordinance proposed by petition is to be submitted to a vote of the 

electors, the committee of the petitioners shall certify that fact and the 

proposed ordinance to the clerk of the commission within twenty days 

after the final action on such proposed ordinance by the commission. 

History; En. Sec. 34, Oh. 162, L. 1917; 
re-en. Sec. 5432, K. C. M. 1921. 

11-3234. (5433) When proposed ordinance is to be submitted to electors. 

Upon receipt of the certificate and certified copy of the proposed ordinance, 
the clerk shall certify the fact to the commission at its next regular meeting. 
If an election is to be held not more than six months nor less than thirty 
days after the receipt of the clerk's certificate by the commission, such pro- 
posed ordinance shall then be submitted to a vote of the electors. If no 
such election is to be held within the time aforesaid, the commission shall 
provide for submitting the proposed ordinance to the electors at a special 
election. 

History: En. Sec. 36, Ch. 162, L. 1917; 
re-en. Sec. 6433, E. C. M. 1921. 

11-3235. (5434) Contents of ballot— when proposed ordinance becomes 
effective. The ballots used when voting upon any such proposed ordinance 
shall state the title of the ordinance to be voted on, and below it the two 
propositions, "For the ordinance," and "Against the ordinance." Immedi- 
ately at the left of each proposition there shall be a square, in which, by 
making a cross (X), the voter may vote for or against the proposed ordi- 

99 



11-3236 ELECTION LAWS 



nance. If a majority of the electors voting on any such proposed ordinance 

shall vote in favor thereof, it shall thereupon become an ordinance of the 

municipality. 

History: En. Bee. 36, Oh. 152, L. 1917; 
T^-ta. Sec. 5434, It. O. M. 192L 

11-3236. (5435) Repealing ordinances — publication, amendment and re- 
peal of initiated ordinances. Proposed ordinances for repealing any ex- 
isting ordinance or ordinances, in whole or in p^rt, may be submitted to 
the commission as provided in the preceding section for initiating ordi- 
nances. Initiated ordinances adopted by the electors shall be published and 
may be amended or repealed by the commission as in the case of other 
ordinances. 

History: En. Sec. 37, Ch. 152, L. 1917; 
re-en. Sec. 5435, R. C. M. 1921. 

11-3237. (5436) When ordinances of commission take effect — petition 

for repeal suspends effect unless law is complied with. No ordinance passed 

by the commission, unless it be an emergency measure, shall go into effect 

until thirty days after its final passage by the commission. If at any time 

within the said thirty days, a petition signed by twenty-five per cent of 

the total number of registered voters in the municipality be filed with the 

clerk of the commission, requesting that any such ordinance be repealed 

or submitted to a vote of the electors, it shall not become operative until 

the steps taken herein shall have been taken. 

History: En. Sec. 38, Ch. 152, L. 1917; 
re-en. Sec. 5436, E. C. M. 1921. 

11-3238. (5437) Reconsideration of ordinance — submission to electors 

— ^failure to approve operates as repeal. The clerk of the commission shall 

deliver the petition to the commission, which shall proceed to reconsider the 

ordinance. If, upon such reconsideration, the ordinance be not entirely 

repealed, the commission shall provide for submitting to a vote of the 

electors, and in so doing, the commission shall be governed by the provisions 

herein contained, respecting the time of submission and manner of voting on 

ordinances proposed to the commission by petition. If, when submitted to a 

vote of the electors, any such ordinance be not approved by a majority of 

those voting thereon, it shall be deemed repealed. 

Hlatory: En. Sec. 39, CIl 152, L. 1917; 
re-en. Sec. 5437, B. C. M. 1921. 

11-3239. (5438) Contents and requirements of referendum petitions — 
ballots. Referendum petitions need not contain the text of the ordinance, 
the repeal of which is sought, but shall be subject in all other respects to 
the requirements for petitions submitting proposed ordinances to the com- 
mission. Ballots used in referendum elections shall conform in all respects 
to those provided for in section 11-3235 of this code. 

History: En. Sec. 40, Ch. 152, L. 1917; 
re-en. B«:. 5438, B. C. M. 1921. 

100 



CITIES AND TOWNS 11-3244 

11-3240. (5439) Other ordinances subject to referendum. Ordinances 
submitted to the commission by initiative petition and passed by the com- 
mission without change, or passed in an amended form and not required to 
be submitted to a vote of the electors by the committee of the petitioners, 
shall be subject to a referendum in the same manner as other ordinances. 

History: En. S*c. 41, Oh. 152, L. 1917; 
re-en. Sec. 6439, B. C. SI 1921. 

11-3241. (5440) Highest aflarmative vote prevails vrhen referendum 

ordiimnoes conflict. If the provisions of two or more ordinances adopted or 

approved at the same election conflict, the ordinance receiving the highest 

aflSrmative vote shall prevail. 

History: En. Sec. 42, Ch. 162, L. 1917; 
re-en. Sec. 6440, B. 0. M. 1921. 

11-3242. (5441) Emergency ordinances subject to referendum— rules 

applicable. Ordinances passed as emergency measures shall be subject to 

a referendum in like manner as other ordinances, except that they shall go 

into effect at the time indicated in such ordinances. If, when submitted to 

a vote of the electors, an emergency measure be not approved by a majority 

of those voting thereon, it shall be considered repealed as regards any 

further action thereunder; but such measure so repealed shall be deemed 

sufficient authority for payment, in accordance with the ordinance, of any 

expense incurred previous to the referendum vote thereon. 

History: En. Sec. 43, Ch. 182, L. 1917; 
re-en. Sec. 5441, B. 0. M. 1921. 

11-3243. (5442) Ordinances providing for expenditures, bond issues, 

public improvements submitted to electors — preliminary steps prior to elec- 

tioo — qualiflcatioais of electors. In case a petition be filed requiring that 

a measure passed by the commission providing for an expenditure of money, 

a bond issue, or a public improvement be submitted to a vote of the 

electors, all steps preliminary to such expenditure, actual issuance of the 

bonds, or actual execution of the contract for such improvement, may be 

taken prior to the election ; and at such election only resident taxpayers of 

such city or town whose names as such appear upon the assessment roll and 

who are also qualified electors of said city or town, shall be entitled to 

vote at such election. And at any and all elections in such city or town 

at which questions relating to bond issues, tax levies, or the expenditure 

of money shall be submitted, no person shall be entitled to vote unless 

qualified as in this section provided. 

History: En. Sec. 44, Ch. 152, L. 1917; 
re-en. Sec. 5442, B. C. M. 1921; anid. Sec. 
7,,Ch 31, L. 1923. 

11-3244. (5443) Oath of commissioners. Every person who has been 
declared elected commissioner, shall within ten (10) days thereafter take 
and file with the clerk of the commission his oath of office in the form 
and manner provided by law. 

History: En. Sec. 45, Ch. 152, L. 1917; 8, Ch. 31, I* 1923; amd. Sec. 9, Ch. 67, 
re-en. Sec. 5443, B. C. M. 1921; amd. Sec. L. 1967. 

101 



11-3245 ELECTION LAWS 

11-3245. (5444) Designation of mayor — procedure in case of tie vote — 
vacancy in office of mayor — powers and duties of mayor. The mayor shall 
be that member of the commission, who, at the regular municipal election at 
which the commissioners were elected, received the highest number of 
votes. In case two candidates receive the same number of votes, one of them 
shall be chosen mayor by the remaining members of the commission. In 
event of a vacancy in the office of the mayor, by the expiration of his term 
of office, the holdover commissioner having received the highest number of 
votes shall be the mayor. In the event there is a vacancy in the office of the 
mayor for any other cause, the remaining members of the commission shall 
choose his successor for the unexpired term from their own number by lot. 
The mayor shall be the presiding officer, except that in his absence, a presi- 
dent pro tempore may be chosen. The mayor shall exercise such powers 
conferred, and perform all duties imposed upon him by this act, the ordi- 
nances of the municipality and the laws of the state, except that he shall 
have no power to veto any measure. He shall be recognized as the official 
head of the municipality by the courts for the purpose of serving civil proc- 
esses, by the governor for the purposes of the military law, and for all 
ceremonial purposes. 

History: En. Sec. 46, Ch. 162, L. 1917; 
re-en. Sec. 5444, B. C. M. 1921; amd. Sec. 
9, Ch. 31, L. 1923. 

11-3246. (5445) Selection of successor to mayor in event of his recall — 
mayor when all commissioners are recalled. In the event that the commis- 
sioner who is acting as mayor shall be recalled, the remaining members of 
the commission shall select one of their number to serve as mayor for the 
unexpired term. In the event of the recall of all the commissioners, the 
person receiving the highest number of votes at the election held to deter- 
mine their successor shall serve as the mayor. 

History: En. Sec. 47, Ch. 152, L. 1917; 
re-en. Sec. 5445, B.. C. M. 1921. 

11-3247. (5446) Quorum of commissioners — recording votes and pro- 
ceedings. In municipalities having three commissioners, two commissioners 
shall constitute a quorum ; and the affirmative vote of two commissioners 
shall be necessary to adopt or reject any motion, resolution, or ordinance, 
or pass any measure unless a greater number is provided for in this act. In 
municipalities having five commissioners, three commissioners shall con- 
stitute a quorum, and the affirmative vote of three commissioners shall be 
necessary to adopt or reject any motion, resolution, or ordinance, or pass 
any measure unless a greater number is provided for in this act. Upon every 
vote, the ayes and the nays shall be called and recorded, and every motion, 
resolution, or ordinance shall be reduced to writing and read before the 
vote is taken thereon. 

History: En. Sec. 48, Ch. 152, L. 1917; 
re-en. Sec. 6446, E. C. M. 1921. 

11-3248. (5447) Compensation of commissioners and mayor. The sal- 
ary of each comniissiuner ina^' be as folluw.s: For each formal meeting of 

102 



CITIES AND TOWNS 11-8330 

record attended, cities or towns Avith loss than twenty-five thousand in- 
habitants, twenty-five dollars ($25) ; provided that no more than one (1) 
fee shall be paid for any one (1) day. For cities with more than twenty- 
five thousand inhabitants, the annual salary of each commissioner shall 
not exceed two thousand five hundred dollars ($2,500). The salary of the 
commissioner acting as mayor may be one and one-half times that of the 
other commissioners. 

History: En. Sec. 49, Ch. 152, L. 1917; L. 1949; amd. Sec. 1, Cb. 71, L. 1965; amd. 
amd. Sec. 2, Ch. 44, L. 1919; re-en. Sec. Sec. 1, Cli. 289, L. 1969. 
5447, R. C. M. 1921; amd. Sec. 1, Ch. 10, 

11-3249. (5448) Meetings of commission — imautliomed absence creates 
vacancy — meeting-s and minutes to be public — rules and order of business. 

At ten o'clock a. m. on the first Monday after the first day of January, 
following a regular municipal election, the commission shall meet at the 
usual place for holding the meetings of the legislative body of the munici- 
pality, at which time the newly elected commissioners shall assume the 
duties of their office. Thereafter, the commissioners shall meet at such 
times as may be prescribed by ordinance or resolution, except that in munici- 
palities having less than five thousand inhabitants, they shall meet regularly 
at least once and not more than four times per month, and in municipalities 
having more than five thousand inhabitants, they shall meet not less than 
once every two weeks. Absence from five (5) consecutive regular meetings 
shall operate to vacate the seat of a- member, unless such absence be author- 
ized by the commission. 

The commissioner acting as mayor, any two members of the commission 
or the city manager, may call special meetings of the commission upon at 
least twelve (12) hours written notice to each member of the commission, 
served personally on each member or left at his usual place of residence. 
All meetings of the commission shall be public and any citizen shall have 
access to the minutes and records thereof at all reasonable times. The 
commission shall determine its own rules and order of business and shall 
keep a journal of its proceedings. 

History: En. Sec. 50, Ch, 152, L. 1917; 
re-en. Sec. 5448, R. C. M. 1921; amd. Sec. 
10, Ch. 31, L. 1923. 

CHAPTER 33 

COMMISSION-MANAGER FORM OF GOVERNMENT (continued) 
Section 11-3330. Abandonment of commission-manager plan — proceedings. 

11-3330. (5514) Abandonment of commission-manager plan — proceed- 
ings. Any municipality which shall have operated for more than two years 
under the provisions of this act, may abandon such organization hereunder, 
and accept the provisions of the general law of the state applicable to mu- 
nicipalities of its population. 

Upon the petition of not less than twenty-five per cent of the electors 
of such municipality registered for the last preceding general election, a 

103 



11-3401 ELECTION LAWS 



special election shall be called, at which the following proposition only shall 
be submitted: 

"Shall the (city or town) of (name of city or town) abandon its organ- 
ization under (name of this act) and become a (city or town) under the 
general law governing (cities or towns) of like population ; or if formerly 
organized under special charter, shall resume said special charter?" 

If the majority of the votes cast at such special eleciion be in favor 
of such proposition, the officers elected at the next succeeding biennial 
election shall be those then prescribed by the general laws of the state for 
municipalities of like population, and upon the qualification of such officers, 
such municipality shall become a municipality under such general law of 
the state, but such change shall not in any manner or degree affect the 
property, rights, or liabilities of any nature of such municipality, but shall 
merely extend to each change in its form of government. 

The sufficiency of such petition shall be determined, the election ordered 

and conducted, and the results declared, as provided for by the provisions 

of this act, in so far as the provisions thereof are applicable. Whenever 

the form of government of a municipality is determined by a vote of the 

people under the provisions of this section, the same question shall not be 

submitted again for a period of two years, and any ordinance adopted by 

the vote of the people shall not be repealed or the same question submitted 

for a period of two years. 

History: En. Sec. 117, Ch. 152, L. 1917; 
re-en. Sec. 6514, B. C. M. 1921. 

CHAPTER 34 

CITY AND COUNTY CONSOLIDATED GOVERNMENT 

Section 11-3401. Consolidated county and city government authorized. 
11-3402. Petition — signatures required. 

11-3403. Form of petition — certificate of county clerk — special election — notice. 
11-3404. Form of ballot. 
11-3405. Special election of commission — proclamation — nominations — conduct 

of election. 
11-3417. Effective date of ordinances — emergencies — submission to electors of 

measures concerning franchises or special privileges. 
11-3418. Recording and publishing of resolutions and ordinances. 
11-3419. Initiative measures — petition. 
11-3420. Action of commission on initiative petitions. 
11-3421. Submission of initiative measure to electors. 
11-3422. Time for submitting to electors — adoption on favorable vote. 
11-3423. Effective date of initiative measure. 
11-3424. Repealing ordinances may be initiated — publication, amending and 

repealing of initiative measures by commission. 
11-3425. Referendum — petition. 

11-3426. Reconsideration of measure by commission — reference to electors. 
11-3427. Voting on initiative or referendum measures — ballots. 
11-3428. Preliminary acts authorized prior to submission of ordinance to 

electors. 
11-3429. Petitions for initiative, referendum or recall — signatures — affidavit. 
11-3430. Petitions, assembling of papers comprising — clerk's certificate. 
11-3431. Petitions — amendments — filing new petition not precluded by finding 

of insufficiency. 

11-3401. (5520.1) Consolidated county and city govermnent anthorixed. 

The separate corporate existence and government of any county and of each 

104 



CITIES AND TOWNS 11-3404 

and every citj and town therein may be abandoned and terminated and such 
county and each and all of the cities and towns therein may be consolidated 
and merged into one municipal corporation and government under this act 
by proceeding as hereinafter provided. 
History: En. Sec. 1, Ch. 121, L. 1923. 

11-3402. (5520.2) Petition — signatures required. The question of tlio 
abandonment and termination of the separate corporate existence and gov- 
ernment of a county and of each and every city and town therein and the 
consolidation and merging of the existence and government of sucli ('(juiity 
and each and all of the cities and towns therein into one municipal corpo- 
ration and government, under the provisions of this act, shall be submitted 
to the qualified electors of such county if a petition be filed in the office 
of the county clerk of such county, signed by at least twenty per centum 
(20%) of the electors of said county whose names appear on the official 
register of voters of the county on the date of the filing of such petition, 
requesting that such question be submitted to the qualified electors of the 
county. 
History: En. Sec. 2, Ch. 121, L. 1923. 

11-3403. (5520.3) Form of petition — certificate of county clerk— special 
election — ^notice. Such petition shall be substantially in the form and shall 
be signed, verified and filed in the manner prescribed in this act for initi- 
ative, referendum and recall petitions, and shall designate therein the name 
by which such consolidated government is to be known, which must be 
either that of the county or of some one of the cities or towns therein. If 
the county clerk shall find that such petition, or amended petition, so filed, 
is signed by the required number of qualified electors he shall so certify to 
the board of county commissioners of such county at their next regular 
meeting, and such board shall thereupon, and within ten daj's after receiv- 
ing the clerk's certificate, order a special election to be held at which elec- 
tion such question shall be submitted to the qualified electors of the coun- 
ty. Such order shall specify the time when such election shall be held, which 
shall be not less than ninety nor more than one hundred and twenty days 
from and after the day when such order is made, and the board of county 
commissioners shall immediately upon making such order issue a procla- 
mation setting forth the purpose for which such special election is held and 
the date of holding the same, which proclamation must be published and 
posted in the manner prescribed by section 23-105. 
History: En. Sec. 3, Cli. 121, L. 1923. 

11-3404. (5520.4) Form of ballot. At such election the ballots to be 
used shall be printed on plain white paper, shall conform as nearly as pos- 
sible to the ballots used on general elections, and shall have printed thereon 
the following. 

"Shall the corporate existence and government of the County of 

and of each and every city and town therein be consoli- 

105 



11-3405 ELECTION LAWS 



dated and merged into one municipal corporation and government under 
the provisions of Chapter (giving the number of this act), Acts of the 
Eighteenth Legislative Assembly of the State of Montana, to be known and 
designated as 'City and County of V" 

D YES. 

D NO. 

Such election shall be conducted, vote returned and canvassed and re- 
sult declared in the same manner as provided by law in respect to general 
elections. 
History: En. Sec. 4, Ch. 121, L. 1923. 

11-3405. (5520.5) Special election of commission — proclamation — nomi- 
nations — conduct of election. If the majority of the votes cast at such 
election shall be in favor of such consolidation and merging, the board of 
county commissioners of such county must, within two weeks after such 
election returns have been canvassed, order a special election to be held for 
the purpose of electing the number of members of the commission to which 
such consolidated municipality shall be entitled, which order shall specify 
the time when such election shall be held, which shall be not less than 
ninety nor more than one hundred and twenty days from and after the day 
when such order is made, and the board of county commissioners, immedi- 
ately upon making such order, shall issue a proclamation setting forth the 
purpose for which such special election is held and the date of holding the 
same, which proclamation must be published and posted in the manner pre- 
scribed by section 23-105, provided, however, that if any general election is 
to be held in such county after three months but within six months from the 
date of the making of such order then such order shall require such special 
election to be held at the same time as such general election. No primary 
election shall be held for the purpose of nominating candidates for members 
of the commission hereinafter provided for, to be voted for at such special 
election, but such candidates shall be nominated directly by petition which 
shall be in substantially the same form and be signed by the same number 
of signers as hereinafter required for primary nominating petitions. Such 
election shall be conducted, vote returned and canvassed and result de- 
clared in the same manner as provided by law in respect to general elections. 
History: En. Sec. 5, Ch. 121, L. 1923. 

11-3417. (5520.17) Eflfective date of ordinances — emergencies — submis- 
sion to electors of measures concerning franchises or special privileges. 

Ordinances making the annual tax levy, ordinances and resolutions providing 
for local improvements and assessments, and emergency measures shall take 
effect at the time indicated therein. All other ordinances and resolutions 
enacted by the commission shall be in effect from and after thirty days from 
the date of their passage. Ordinances adopted by the electors shall take 
effect at the time fixed therein, or, if no time is specified, thirty days after 
the adoption thereof. An emergency measure is an ordinance or resolution 
to provide for the immediate preservation of the public peace, health or 
safety, in which the emergency claimed is set forth and defined in a preamble 

106 



CITIES AND TOWNS 11-3421 

thereto. The affirmative vote of at least two-thirds of the members of the 
commission shall be required to pass an emergency ordinance or resolution. 
No measure making or amending a grant, renewal or extension of a fran- 
chise or other special privilege shall ever be passed without first submit- 
ting the application therefor to the resident freeholders in the manner pro- 
vided by sections 11-1207 and 11-1208. 
History: En. Sec. 17, Oh. 121, L. 1923. 

11-3418. (5520.18) Recording and publishing of resolutions ajid ordi- 
nances. Every ordinance or resolution upon its final passage shall be re- 
corded in a book kept for that purpose and shall be authenticated by the 
signatures of the president and clerk. Within ten days after its final passage 
each ordinance or resolution shall be published at least once in such manner 
as the commission may by ordinance provide. 
History: En. Sec. 18, Ch. 121, L. 1923. 

11-3419. (5520.19) Initiative measures — petition. Any proposed ordi- 
nance, except an ordinance making a tax levy or appropriation, may be sub- 
mitted to the commission by petition signed by ten per centum (10%) of the 
qualified electors of the municipality whose names appear on the register of 
voters on the date when the proposed ordinance is submitted to the com- 
mission. All petition papers circulated with respect to any proposed ordi- 
nance shall be uniform in character and shall contain the proposed 
ordinance in full. 

History: En. Sec. 19, Ch. 121, L. 1923. 

11-3420. (5520.20) Action of commission on initiative petitions. If an 

initiative petition, or amended petition be found sufficient by the clerk 
he shall so certify and shall submit the ordinance therein set forth to the 
commission at its next meeting, and the commission shall at once read and 
refer it to an appropriate committee, which may be a committee of the 
whole. Provision shall be made for public hearings upon the proposed ordi- 
nance before the committee to which it is referred. Thereafter the commit- 
tee shall report the ordinance to the commission, with its recommendations 
thereon, not later than sixty days aftfer the date on which such ordinance 
was submitted to the commission by the clerk. Upon receiving the ordi- 
nance from the committee the commission shall proceed at once to consider 
it and shall take final action thereon within thirty days from the date of 
such committee report. 
History: En. Sec. 20, Cli. 121, L. 1923. 

11-3421. (5520.21) Submission of initiative measure to electors. If the 

commission fail to pass an ordinance proposed by initiative petition, or pass 
it in a form different from that set forth in the petition therefor, the com- 
mittee of the petitioners hereinafter provided for may require that it be 
submitted to a vote of the electors either in its original form or with any 
change or amendment presented in writing either at a public hearing before 
the committee to which the proposed ordinance was referred or during the 
consideration thereof by the commission. If the committee of petitioners re- 

107 



11-3422 ELECTION LAWS 



quire the submission of a proposed ordinance to a vote of the electors they 
shall certify that fact to the clerk and file in his oflSce a certified copy of the 
ordinance, in the form in which it is to be submitted, within ten days after 
final action on such ordinance by the commission. 
History: En. Sec. 21, Ch. 121, L. 1923. 

11-3422. (5520.22) Time for iubmitting to electors — adoption on favor- 
able vote. Upon receipt of the certified copy of a proposed ordinance from 
the committee of the petitioners the clerk shall certify the fact to the com- 
mission at its next regular meeting. If a municipal election is to be held 
within six months but more than ninety days after the receipt of the clerk's 
certificate by the commission, such proposed ordinance shall be submitted to 
a vote of the electors at such election. If no such election is to be held 
within the time aforesaid the commission may provide for submitting the 
proposed ordinance to the electors at a special election to be held not sooner 
than ninety days after receipt of the clerk's certificate. If no municipal 
election be held within six months as aforesaid, and the commission does not 
provide for a special election, the proposed ordinance shall be submitted 
to the electors at the first election held after the expiration of such six 
months. If, when submitted to the electors, a majority of those voting on 
a proposed ordinance shall vote in favor thereof, it shall thereupon be an 
ordinance of the municipality. 
History: En. Sec. 22, Ch. 121, L. 1923. 

11-3423. (5520.23) Effective date of initiative measure. When an ordi- 
nance proposed by initiative petition is passed by the commission in a 
changed or amended form, and the committee of the petitioners require that 
such proposed ordinance be submitted to a vote of the electors as hereinbe- 
fore provided, the ordinance as passed by the commission shall not take 
effect until after such vote, and, if the proposed ordinance so submitted, be 
approved by a majority of the electors voting thereon, the ordinance as 
passed by the commission shall be deemed repealed. 
History: En. Sec. 23, Ch. 121, L. 1923. 

11-3424. (5520.24) Repealing ordinances may be initiated — publication, 
amending and repealing of initiative measures by commission. Proposed 
ordinances for repealing any existing ordinance or ordinances, in whole or 
in part, may be submitted to the commission as provided in the preceding 
sections for initiating ordinances. Initiated ordinances adopted by the elec- 
tors shall be published, and may be amended or repealed by the commission, 
as in the case of other ordinances. 
History: En. Sec. 24, Ch. 121, L. 1923. 

11-3426. (5520.25) Referendum — petition. The electors shall have 
power to approve or reject at the polls any ordinance passed by the com- 
mission, except an ordinance making a tax levy or an emergency measure, 
such power being known as the referendum. Ordinances submitted to the 
commission and passed by the commission without change, or passed in an 
amended form and not required by the committee of the petitioners to be 
submitted to a vote of the electors, shall be subject to the referendum in the 

108 



CITIES AND TOWNS 11-3428 

same manner as other ordinances. If, within thirty days after the final 
passage of an ordinance, a petition signed by ten per centum (10%) of the 
qualified electors whose names appear on the register of voters on the date 
when such petition is filed, shall be filed with the clerk requesting that the 
ordinance, or any specified part thereof, be either repealed or submitted to a 
vote of the electors, it shall not become operative until the steps indicated 
herein have been taken. Referendum petitions shall contain the text of 
the ordinance, or part thereof, the repeal of which is sought. 
History: En. Sec. 25, Oh. 121, I* 1923. 

11-3426. (5520.26) Reconsideration of measure by commission — ^refer- 
ence to electors. If a referendum petition, or amended petition, be found 
sufficient by the clerk he shall certify that fact to the commission at its next 
regular meeting and the ordinance or part thereof set forth in the petition 
shall not go into effect, or further action thereunder shall be suspended if it 
shall have gone into effect, until approved by the electors as hereinafter 
provided. Upon receipt of the clerk's certificate the commission shall proceed 
to reconsider the ordinance or part thereof and its final vote upon such 
reconsideration shall be upon the question "Shall the ordinance (or part of 
the ordinance) set forth in the referendum petition be repealed?" If upon 
such reconsideration the ordinance, or part thereof, be not repealed it shall 
be submitted to the electors at the next municipal election held not less 
than ninety days after such final vote by the commission. The commission 
by vote of not less than two-thirds of its members may submit the ordi- 
nance, or part thereof, to the electors at a special election to be held not 
sooner than the time aforesaid. If when submitted to the electors any 
ordinance, or part thereof, be not approved by a majority of those voting 
thereon it shall be deemed repealed. 
History: £n. Sec. 26, Oh. 121, L. 1923. 

11-3427. (5520.27) Voting on initiative or referendun measures — ^bal- 
lots. Ordinances, or parts thereof, submitted to vote of the electors in ac- 
cordance with the initiative and referendum provisions of this act shall be 
submitted by ballot title which shall be prepared in all cases by the director 
of law. The ballot title may be distinct from the legal title of any such 
proposed or referred ordinance and shall be a clear, concise statement, with- 
out argument or prejudice, descriptive of the substance of such ordinance or 
part thereof. The ballot used in voting upon any ordinance, or part thereof, 
shall have below the ballot title the two following propositions, one above 
the other, in the order indicated: "For the ordinance" and "Against the 
ordinance." Immediately at the left of each proposition there shall be a 
square in which by making a cross mark (X) the elector may vote for or 
against the ordinance or part thereof. Any number of ordinances, or parts 
thereof, may be voted upon at the same election and may be submitted on 
the same ballot, but the ballot used for voting thereon shall be for that 
purpose only. 
History: En. Sec. 27, Oh. 121, L. 192S. 

11-3428. (5520.28) Preliminary acts authorized prior to submission of 
ordinance to electors. In case a petition be filed requiring that an ordinance 

109 



11-3429 ELECTION LAWS 

passed by the commission providing for the expenditure of money, a bond 
issue, or a public improvement be submitted to a vote of the electors, all 
steps preliminary to such actual expenditure, actual issuance of bonds, or 
actual execution of the contract for such improvement, may be taken prior 
to the election. 
History: En. Sac. 28, Oh. IZL, L. 1923. 

11-3429. (5520.29) Petitions for initiative, reierendmn or recall— sisn^ft- 
tnres — affidavit. The signatures to initiative, referendum or recall petitions 
need not all be appended to one paper, but to each separate petition paper 
there shall be attached an afiSdavit of the circulator thereof as provided by 
this section. Each signer of any such petition paper shall sign his name in 
ink or indelible pencil and shall indicate after his name his place of resi- 
dence by street and number, or other description sufficient to identify the 
place. There shall appear on each petition paper the names and addresses 
of five electors of the municipality, who, as a committee of the petitioners, 
shall be regarded as responsible for the circulation and filing of the petition. 
The affidavit attached to the petition paper shall be as follows : 

State of Montana, city and county of , 

, being duly sworn, deposes and 

says that he is the circulator of the foregoing paper and that the signatures 
appended thereto were made in his presence and are the genuine signatures 
of the persons whose names they purport to be. 

Signed 

Subscribed and sworn to before me this day of 

,19 



Notary public for the state of Montana. 

Residing at , Montana. 

My commission expires 

History: En. Sec. 29, Oh. 121, L. 1923. 

11-3430. (5520.30) Petitions, assembling of papers comprising — clerk's 

certificate. All petition papers comprising an initiative, referendum or re- 
call petition shall be assembled and filed with the clerk as one instrument. 
Within ten days after a petition is filed the clerk shall determine whether it 
is signed by a sufficient number of electors and shall attach thereto a certifi- 
cate showing the result of his examination. If he shall certify that the 
petition is insufficient he shall set forth in his certificate the particulars in 
which it is defective and shall at once notify the committee of the petition- 
ers of his findings. 
History: En. Sec. 30, Oh. 121, L. 1923. 

11-3431. (5520.31) Petitions — amendments — filing new petition not 
precluded by finding of insufficiency. An initiative, referendum or recall 
petition may be amended at any time within ten days after the making of a 
certificate of insufficiency by the clerk, by filing a supplementary petition 

110 



CITIES AND TOWNS 11-3431 

upon additional papers signed and filed as provided in case of an original 
petition. The clerk shall, within five days after such amendment is filed, 
make examination of the amended petition and, if his certificate shall show 
the petition still to be insufficient, he shall file it in his office and notify the 
committee of the petitioners of his findings and no further action shall be 
had on such insufficient petition. The finding of the insufficiency of a 
petition shall not prejudice the filing of a new petition for the same purpose. 
History: En. Sec. 31, Cll. 121, L. 1923. 



Ill 



11-3530 ELECTION LAWS 

CHAPTER 35 

CITY AND COUNTY CONSOLIDATED GOVERNMENT (continued) 

Section 11-3530. Elections — officers to act. 

11-3531. Municipal primary election — when held — nominees, majority vote 
elects — time for polls to be open — conduct of election. 

11-3532. Nominating petitions. 

11-3533. Form of nominating petition. 

11-3534. Filing of petitions — notification of nominees — entry of names on ballot. 

11-3535. Ballots — party designation forbidden — form. 

11-3536. Ballot — order of names. 

11-3537. Ballots — blank spaces. 

11-3538. Notices — primary election — municipal election — publication. 

11-3539. Ballots at municipal election — what names to appear. 

11-3540. Removal of commissioners — recall petitions. 

11-3541. Recall petitions — signatures — filing — amendment. 

11-3542. Recall election — notice to officer whose removal sought — time for 
holding. 

11-3543. Separate removals require separate petitions — nomination of succes- 
sors. 

11-3544. Recall elections — voting machines not used — form of ballots. 

11-3545. Result of votes — removal — designation of successor. 

11-3546. Resignation pending recall election, result of. 

11-3547. Limitation on filing recall petitions. 

11-3549. Political participation by appointees forbidden. 

11-3550. Penalizing appointees for not participating in politics forbidden — 
appointees not to act as officers of political organization or circulate 
petitions. 

11-3551. Penalty for violations. 

11-3559. Resolution declaring creation of consolidated government — effective 
date of merger — legal status. 

11-3530. (5520.90) Elections — ofiBcers to act. For any election held on 
the question of the adoption of this act, and for the first election of members 
of the commission thereunder, if adopted the county clerk and board of 
county commissioners shall exercise the powers and perform the duties 
respecting elections prescribed for county clerks and boards of county com- 
missioners by the general laws of the state. After the adoption of this act 
by the electors of the county, and the election and qualification of a commis- 
sion thereunder, the powers and duties of county clerks and boards of county 
commissioners under the general election laws of the state shall devolve 
upon the clerk and commission of the municipality and, except as otherwise 
provided in this act, the provisions of such laws shall continue to apply to 
all elections held within the municipality. 
History: En. Sec. 89, Ch. 121, L. 1923. 

11-3531. (5520.91) Municipal primary election— when held — nominees, 
majority vote elects — time for polls to be open — conduct of election. A 

municipal primary election for the choice of members of the commission 
shall be held on the last Tuesday in April in each year in which members of 
the commission are to be elected. All candidates for the commission re- 
ceiving a majority of the votes cast at the municipal primary election shall 
be deemed and declared elected t*) the commission. If candidates equal to the 
number of members of the commission to be elected do not receive a majority 
of the votes cast at such primary election, a municipal primary election shall 
be held on the first Tuesday in June next following the election. At all muni- 
cipal elections the polls shall be open from 8 a. m. to 6 p. m. The time, 

112 



CITIES AND TOWNS 11-3533 



manner and method of establishing election precincts and polling places 
and appointment of judges of election and the method of conducting elec- 
tion, registering voters therefor, counting the votes cast thereat, and can- 
vassing the returns thereof, shall be as prescribed by the general election 
laws of the state. 
History: En. Sec. 90, Oh. 121, L. 1923. 

11-3532. (5520.92) Nominating petitions. Any elector of the munici- 
pality eligible to membership in the commission may be placed in nomina- 
tion therefor by petition filed with the clerk and signed by at least two per 
centum (2%) of the qualified electors whose names appear upon the official 
register of voters of the municipality. The signatures to a nominating 
petition need not all be appended to one paper, but to each separate leaf of 
the petition there shall be attached an affidavit of the circulator thereof 
stating that each signature appended thereto was made in his presence and 
is the genuine signature of the person whose name it purports to be. Each 
signer of a petition shall sign his name in ink or indelible pencil and, after 
his name, shall designate his residence by street and number or other de- 
scription sufficient to identify the place, and give the date when his signature 
was made. No elector shall sign petitions for more candidates for the com- 
mission than the number of places to be filled therein at the forthcoming 
primary election. 
History: En. Sec. 91, Ch. 121, L. 1923. 

11-3533. (5520.93) Form of nominating petition. The form of nomina- 
ting petition papers shall be substantially as follows : 

We, the undersigned electors of the city and county of , 

hereby nominate whose residence is 

for the office of commissioner, to be voted for at the primary election to 

be held on the last Tuesday of April, 19 , and we individually certify 

that we are qualified to vote for candidates for the above office and that 

we have not signed nominating petitions for more than 

candidates for the commission. 

Residence (street and number) or description to identify place. 

Name. Date. 



State of Montana, city and county bf ss. 

, being duly sworn, deposes and says that he 

is the circulator of this petition paper ; that the signatures appended there- 
to were made in his presence and are the genuine signatures of the persons 
whose names they purport to be. 

Signed 

Subscribed and sworn to before me this day of 

,19 

Notary public for the state of Montana, residing at , 

Montana. My commission expires , 19 

Kiftoiy. En. Sec. 92; Oh. 121, I.. 1923. 

113 



11-3534 ELECTION LAWS 

11-3534. (5520.94) Filing of petitions — notification of nominees — entry 
of liAmes on ballot. All separate leaves comprising a nominating petition 
shall be assembled and filed with the clerk as one instrument at least thirty 
days prior to the next succeding last Tuesday in April. Within five days 
after the filing of the nomination petition the clerk shall notify the person 
named therein as a candidate whether such petition is signed by the required 
number of qualified electors. Any eligible person placed in nomination as 
hereinbefore provided shall have his name printed on the ballots and placed 
upon any voting machine used at the primary election, if within five days 
after such nomination, he shall have filed with the clerk a written accept- 
ance of the nomination. 
History: En. S«c. 93, Ch. 121, L. 1923. 

11-3535. (5520.95) Ballote — party designation forbidden — form. No 

party mark or designation shall appear on the ballots, or in connection with 
the names of candidates on any voting machine, used in the election of 
members of the commission. Each elector may vote for as many candidates 
for the commission as there are places to be filled therein ; but any ballot 
marked for more candidates than the number of places to be filled shall not 
be counted for any of the candidates for which marked. The ballots shall 
be in form substantially as follows: 

MUNICIPAL ELECTION 

City and county of 

(Month and day of month), 19 

FOR COMMISSIONERS 
Do not vote for more than 



History: En. Sec. 94, Oh. 121, L. 1923. 

11-3536. (5520.96) Ballot — order of names. At 2 o'clock p. m. on the 
tenth day before any election at which members of the commission are to 
be nominated and elected, the clerk shall publicly determine by lot the order 
in which the names of candidates for election to the commission shall be 
printed on the ballots, or appear on any voting machine, to be used at 
such election. 
History: En. Sec. 95, Oh. 121, L. 1923. 

11-3537. (5520.97) Ballots— blank spaces. As many blank spaces shall 
be left on the ballots below the printed names of candidates for the commis- 
sion as there are places to be filled therein. In any such space an elector 
may write the name of any eligible person, and a vote cast for such person 
shall be counted as though for a candidate whose name is printed on the 
ballots. 
History: En. Sec. 96, Oh. 121, L. 1923. 

11-3538. (5520.98) Notices — primary election — municipal election — 
publication. On the tenth day prior to the municipal primary election the 
clerk shall cause notice thereof to be published in such daily newspaper or 

114 



CITIES AND TOWNS 11-3540 



newspapers, printed and published within and of general circulation in the 
municipality as the commission may have designated, and if there be no daily 
newspaper then in such weekly newspaper or newspapers as may be so 
designated. In case the commission fail to designate such newspaper or 
newspapers, the clerk shall cause the notice to be published in such news- 
paper or newspapers printed and published within and of general circulation 
in the municipality as he may select. Such published notice shall contain a 
list of the candidates for the commission nominated as hereinbefore pro- 
vided, and state the time of holding the election. On the tenth day prior 
to a municipal election held on the first Tuesday in June the clerk, under 
like conditions, shall cause a similar notice to be published concerning that 
election. The commission may also provide for giving notice of such elec- 
tions by other means. 
History: En. Sec. 97, Ch. 121, L. 1923. 

11-3539. (5520.99) Ballots at municipal election — what names to ap- 
pear. At any municipal election held for the choice of members of the 
commission of the first Tuesday in June following a municipal primary 
election there shall be printed on the ballots and placed on the voting 
machines the names of the candidates receiving the highest number of votes 
at the municipal primary election, except the names of those elected to the 
commission thereat, and the number of names so printed on the ballots and 
placed on the voting machines shall be equal to double the number of places 
remaining to be filled in the commission. If, by reason of their having re- 
ceived the same number of votes, it cannot be determined which of two or 
more candidates shall have his name, or their names, printed on the ballots 
and placed on the voting machines, then, notwithstanding the foregoing pro- 
visions of this section the names of all such candidates receiving the same 
number of votes shall be printed on the ballots and placed on the voting 
machines. The candidates for the commission at an election held on the 
first Tuesday in June, equal in number to the places remaining to be filled 
in the commission, who receive the highest number of votes shall be declared 
elected. A tie between two or more candidates shall be decided by lot in the 
presence of such candidates and under the direction of the clerk. 
History: En. Sec. 98, Ch. 121, L. 1923. 

11-3540. (5520.100) Removal of commissioners — recall petitions. Any 
member of the commission may be removed from office by the electors of the 
municipality. The procedure for effecting such a removal shall be as 
follows : 

Any elector of the municipality may make and file an affidavit with 
the clerk requesting that petition be issued demanding an election for the 
recall of any member of the commission. Any such affidavit shall state 
the name of the person whose removal from the commission is sought and 
the grounds alleged for such removal. Upon the filing of such an affidavit 
the clerk shall deliver to the elector making the affidavit copies of petition 
papers for demanding such an election, printed copies of which the clerk 
shall keep on file for distribution as herein provided. In issuing any such 
petition paper the clerk shall enter in a record to be kept in his office the 

115 



11-3541 ELECTION LAWS 

name of the elector to whom issued, the date of issuance, the number of 
papers issued, and shall certify on each paper the name of the elector and the 
date of issuance. No petition paper shall be accepted as part of a petition 
unless it bear such certification of the clerk and unless filed as hereinafter 
provided. 
History: En. Sec. 99, Ob. 121, L. 1923. 

11-3541. (5520.101) Recall petitions — signatures — flling — amend- 
ment. A petition for a recall election to be effective must be returned and 
filed with the clerk within thirty days after the filing of the aflSdavit as pro- 
vided in last preceding section, and to be suflBcient must be signed by at 
least twenty per centum (20%) of the qualified electors of the municipality 
whose names appear on the oflBcial register of voters of the municipality 
on the date when such petition is returned and filed with the clerk. If any 
such petition is insufficient as originally filed it may be amended as provided 

in this act. 
History: En. Sec. 100, Cb. 121, L. 1923. 

11-3542. (5520.102) Recall election — ^notice to oflacer whose removal 
sought — time for holding. If a petition for a recall election, or an amended 
petition, shall be certified by the clerk to be sufficient, he shall at once sub- 
mit it to the commission with his certificate to that effect and shall notify 
the member of the commission whose removal is sought of such action. 
Unless the member whose removal is sought resign within five days after 
such notice, the commission shall thereupon order and fix a day for holding 
a recall election. Any such election shall be held not less than ninety nor 
more than one hundred and twenty days after the petition has been pre- 
sented to the commission and may be held at the same time- as any other 
election held within such period ; but, if no other election be held within 
such period, the commission shall call a special recall election to be held 

within the time aforesaid. 
History: En. Sec. 101, Ch. 121, L. 1923. 

11-3543. (5520.103) Separate removals require separate petitions — 
nomination of successors. The question of recalling any number of mem- 
bers of the commission may be submitted at the same election, but as to 
each member whose removal is sought a separate petition shall be filed and 
provision shall be made for an entirely separate printed ballot. Candidates 
to succeed any person whose removal is sought shall be placed in nomina- 
tion by petition signed, filed and verified as provided for nominating peti- 
tions for a municipal primary election ; except that each petition paper shall 
specify that the candidate named therein is a candidate to succeed a 
particular person whose removal is sought. 
History: En. Sec. 102, Ch. 121, L. 1923. 

11-3544. (5520.104) Recall elections — voting machines not used — form 
of ballots. Voting machines shall not be used in recall elections, and the 
printed ballots shall be in form substantially as follows: 

116 



CITIES AND TOWNS 11-3549 

RECALL ELECTION 

City and County of 

(Month and day of month) 19 



SHALL (name of person) BE REMOVED FROM THE COMMISSION 
BY RECALL? 



FOR THE RECALL OF 
(Name of Person.) 



AGAINST THE RECALL OF 
(Name of Person.) 



CANDIDATE 
To succeed (name of person) if recalled. Vote for but one. 



History: En. Sec. 103, Oh. 121, L. 1923. 

11-3545. (5520.105) Result of votes — removal — designation of succes- 
sor. If a majority of the votes cast on the question of recalling a member 
of the commission as hereinbefore provided be against his recall he shall 
continue in office for the remainder of his unexpired term, but subject to 
recall as before. If a majority of such votes be for the recall of such mem- 
ber he shall, regardless of any defect in the recall petition, be deemed re- 
moved from office. "When a member is removed from the commission by 
recall the candidate to succeed such member who receives the highest num- 
ber of votes shall succeed the member so removed for the unexpired term. 
History: En. Sec. 104, Ch. 121, L. 1923. 

11-3546. (5520.106) Resignation pending recall election, result of. If 

a person in regard to whom a recall petition is submitted to the commission 
shall resign from office after notice thereof no election shall be held and 
some eligible person shall be chosen by a majority vote of the remaining 
members to fill the place for the unexpired term ; but the member so resign- 
ing shall not be chosen by the commission to succeed himself. 
History: En. Sec. 105, Ch. 121, L. 1925. 

11-3547. (5520.107) Limitation on filing recall petitions. No recall 
petition shall be filed in respect to any member of the commission within 
three months after he takes office nor in case of a member subjected to a 
recall election and not removed thereby, until at last six months after that 
election. 
History: En. Sec. 106, Ch. 121, L. 1923. 

11-3649. (5520.109) Political participation by appointees forbidden. 

No person holding an appointive office or position in the municipal govern- 
ment shall directly or indirectly solicit or receive, or be in any manner con- 
cerned in soliciting or receiving, any assessment, subscription or contribu- 

117 



11-3550 ELECTION LAWS 

tion for any political party or purpose whatever. No person shall orally or 
by letter solicit, or be in any manner concerned in soliciting, any assessment, 
subscription or contribution for any political party or purpose from any 
person holding an appointive office or position in the municipal government. 
No person shall use or promise to use his influence or official authority to 
secure any appointment, or prospective appointment to any position in the 
service of the municipality as a reward or return for personal or partisan 
political service. No person shall take part in preparing any political 
assessment, subscription or contribution with the intent that it should be 
sent or presented to or collected from any person in the service of the 
municipality, nor shall he knowingly send or present directly or indirectly, 
in person or otherwise, any political assessment, subscription or contribution 
to, or request its payment by any person in such service. 
History: En. Sec. 108, Ch. 121, L. 1923. 

11-3550. (5520.110) Penalizing appointees for not participating in 
politics forbidden — appointees not to act as oflBcers of political organization 
or circulate petitions. No person in the service of the municipality shall 
discharge, suspend, lay off, reduce in grade, or in any manner change the 
official rank or compensation of any person in such service or threaten to 
do so, for withholding or neglecting to make any contribution of money or 
service or any valuable thing for any political service. No person holding 
an appointive office or place in the municipal government shall act as an 
officer in a political organization, or serve as a member of a committeee of 
any such organization, or circulate or seek signatures for any petition pro- 
vided for by primary or election laws. 
History: En. Sec. 109, Ch. 121, L. 1923. 

11-3551. (5520.111) Penalty for violations. Any person who, by him- 
self or in cooperation with one or more persons, wilfully or corruptly vio- 
lates any of the provisions of sections 11-3549 and 11-3550 of this act shall 
.be guilty of misdemeanor and shall, upon conviction thereof, be punished by 
a fine of not less than fifty dollars nor more than five hundred dollars or by 
imprisonment for a term not exceeding three months, or by both such fine 
and imprisonment, and if he be an officer or employee of the municipality 
he shall immediately forfeit his office or employment. 
Hifltory: En. Sec. 110, Ch. 121, L. 1923. 

11-3559. (5520.119) Resolution declaring creation of consolidated gov- 
emment — effective date of merger — ^legal status. At the first meeting of 
the commission whose members are first elected under the provisions of this 
act, such commission shall adopt a resolution reciting the filing of the 
petition provided for in section 11-3402, the ordering and holding of a spe- 
cial election as requested in such petition, the result of such election, and 
the holding of the special election for and the election of the members of the 
first commission, and the name and designation of the consolidated munici- 
pality, which resolution must be in duplicate, and signed by all of the 
members of the commission and also entered at length on the journal of 
the commission. One copy of such commission must be filed in the office of 
the clerk of the commission and the other copy thereof must be trans- 

118 



CITIES AND TOWNS 11-3703 

mitted to and filed in the office of the secretary of state. Immediately upon 
the adoption of such resolution by the commission the separate corporate 
existence of the county and of each and every city and town therein shall 
be deemed to be consolidated and merged into one municipal corporation 
under the name selected, designated and adopted as provided in this &ct, 
and such consolidated municipality shall thereupon be deemed to have suc- 
ceeded to, and to possess and own all of the property and assets of every 
kind and description and shall, save as herein otherwise provided, become 
responsible for all of the obligations and liabilities of the county, cities and 
towns so consolidated and merged. As a political subdivision of the state, 
such consolidated municipality shall have the status of a county, and for the 
purpose of representation in the legislative assembly, as provided by the 
constitution and laws of this state, and for all other purposes, it shall 
replace and be the successor of the county and shall be attached to the 
same judicial district. 
History: En. Sec. 118, Cb. 121, L. 1923. 

CHAPTER 36 

METBOPOLITAN SANITAKY DI8TEICTS 
(Repealed— Section 14, Chapter 185, Laws of 1957) 

11-3601 to 11-3611. Repealed. 

B«peal ing however, that any metropolitan sani- 

These sections (Sees. 1 to 11, Ch. 292, tary sewer districts established under the 

L. 1947), relating to metropolitan sani- provisions of chapter 292, Laws of 1947, 

tary districts, were repealed by Sec. 14, shall be valid, and any obligations in- 

Ch. 185, Laws 1957. For new provisions curred thereunder shall in nowise be af- 

see 16-4401 to 16-4413. fected by the repeal of said chapter 292, 

The repealing clause also contained a Laws of 1947." 
savings provision. It read: "Chapter 292, 
Laws of 1947, is hereby repealed, provid- 

CHAPTER 37 
OFF-STREET PARKING FACILITIES 

Section 11-3703. Creation of parking commissions — revenne bonds. 

11-3703. Creation of parking commissions — revenue bonds. A city may 
create, as provided for in this section, a public body corporate and politic 
to be known as the "parking commission" of the city. The commission 
of any city shall not transact any business or exercise any powers under 
this act unless and until the legislative body of the city shall by resolution 
declare at any time hereafter that there is need for a parking commission 
to function in such city. The determination as to whether there is need 
for a commission to function may be made by the legislative body on its 
own motion or upon the filing of a petition signed by one hundred (100) 
residents of the city, asserting that there is need for a commission to func- 
tion in such city and requesting that the legislative body so declare. 

In any suit, action or proceeding by or against or in any manner 
relating to a parking commission, the commission shall be conclusively 
deemed to have become established and authorized to transact business 
and exercise its powers upon proof of the adoption of a resolution by the 

119 



11-3703 ELECTION LAWS 

legislative body declaring the need for the commission to function. A citj" 
shall not transact any business or exercise any powers of this act unless 
and until the legislative body of the city shall by resolution declare that 
there is need for such city to exercise the powers of a parking commission 
as provided in this act. 

Either or both such resolutions may be adopted by the legislative body 
of a city. If both such resolutions are adopted they shall clearly specify 
areas within the city less than the whole thereof, within which, or projects 
over which, the commission and the city, respectively, are to have juris- 
diction and control. The division of such jurisdiction and control shall 
be as so specified, but may be changed from time to time by action of both 
the legislative body and the commission, to such extent as may be con- 
sistent with obligations to bondholders assumed under this act. 

The power to issue revenue bonds as provided in this act shall not be 
operative in any city until the legislative body, either at a general or a 
special election, shall submit to the electors, whose qualifications shall be 
the same as those required for voting at municipal elections in the city for 
elective ofiBcers thereof, the question as to whether the legislative body, or 
the commission, or both, shall be authorized to adopt the revenue bond 
method of financing projects provided for herein. Such question may be 
placed before the electors and notice thereof given in the same manner 
as provided by law for referring ordinances of the city to the electors. The 
provisions relating to the qualifications of electors and manner of submis- 
sion of the question to the electors for the purposes of this act shall govern 
and be controlling, any provision of law to the contrary notwithstanding. 

History: En. Sec. 3, Cli. 223, L. 1951; 
amd. Sec. 2, Ch. 127, L. 1955. 



120 



CITIES AND TOWNS 11-3906 

CHAPTER 39 

URBAN RENEWAL LAW 

Section 11-3906. Preparation and approval of urban renewal projects and urban re- 
newal plans. 

11-3906. Preparation and approval of urban renewal projects and 
urban renewal plans, (a) A municipality sliall not apjjrovo an urban 
renewal project for an urban renewal area unless the local governing body 
lias, by resolution, determined such area to be a blighted area and desig- 
nated such area as appropriate for an urban renewal project. The local 
governing body shall not approve an urban renewal plan until a com- 
prehensive plan or parts of such plan for an area which would include an 
urban renewal area for the municipality have been prepared. For this 
purpose, and other municipal purposes, authority is hereby vested in every 
municipality to prepare, to adopt, and to revise from time to time, a com- 
prehensive plan or parts thereof for the physical development of the 
municipality as a whole (giving due regard to the environs and metro- 
politan surroundings), to establish and maintain a planning commission for 
such purpose and related municipal planning activities, and to make avail- 
able and to appropriate necessar}^ funds therefor. A municipality shall 
not acquire real property for an urban renewal project unless the local 
governing body has approved the urban renewal project plan in accordance 
with subsection (d) hereof. 

(b) The municipality may itself prepare or cause to be prepared an 
urban renewal plan, or any person or agency, public or private, may 
submit such a plan to the municipality. Prior to its approval of an urban 
renewal project, the local governing body shall submit such plan to the 
planning commission of the municipality for review and recommendations 
as to its conformity with the comprehensive plan or parts thereof for the 
development of the municipality as a whole. The planning commission 
shall submit its written recommendations with respect to the proposed 
urban renewal plan to the local governing body within sixty (60) days 
after receipt of it. Upon receipt of the recommendations of the planning 
commission, or if no recommendations are received within said sixty (60) 
days, then without such recommendations, the local governing body may 
proceed with the hearing on the proposed urban renewal project plan 
prescribed by subsection (e) hereof. 

(e) The local governing body shall hold a public hearing on an urban 
renewal plan after public notice thereof. Such notice shall be given by 
publication once each week for two consecutive weeks not less than ten 
(10) nor more than thirty (30) days prior to the date of the hearing in a 
newspaper having a general circulation in the urban renewal area of the 
municipality and by mailing a notice of such hearing not less than ten 
(10) days prior to the date of the hearing to the persons whose names 
appear on the county treasurer's tax roll as the owner or reputed owner 
of the property, at the address shown on the tax roll. The notice shall 
describe the time, date, place, and purpose of the hearing, shall generally 

121 



11-3906 ELECTION LAWS 

identify the urban renewal area affected, and shall outline the general scope 
of the urban renewal plan under consideration. 

(d) Following such hearing, the local governing body may approve 
an urban renewal project if it finds that (1) a workable and feasible plan 
exists for making available adequate housing for the persons who may be 
displaced by the project; (2) the urban renewal plan conforms to the 
comprehensive plan or parts thereof for the municipality as a whole ; 
(3) the urban renewal plan will afford maximum opportunity, consistent 
with the sound needs of the municipality as a whole, for the rehabilita- 
tion or redevolpment of the urban renewal area by private enterprise ; 
and (4) that a sound and adequate financial program exists for the financing 
of said project. 

Provided, that the local governing body must find the urban renewal 
project area to be blighted area as defined in section 11-3901, subsection (b). 

(e) An urban renewal project plan may be modified at any time by 
the local governing body : Provided, that if modified after the lease or 
sale by the municipality of real property in the urban renewal project area, 
such modification shall be subject to such rights at law or in equity as 
a lessee or purchaser, or his successor or successors in interest may be 
entitled to assert. 

(f) Upon the approval of an urban renewal project by a municipality, 
the provisions of the urban renewal plan with respect to the future use and 
building requirements applicable to the property covered by said plan 
shall be controlling with respect thereto. 

(<>•) If the plan or any subsequent modification thereof involves financ- 
ing by the issuance of general obligation bonds of the municipality as 
authorized in section 11-3913, subsection (c), or the financing of water or 
sewer improvements by the issuance of revenue bonds under the provisions 
of Title 11, chapter 24, or of sections 11-2217 to 11-2221, inclusive, the ques- 
tion of approving the plan and issuing sueli bonds shall be submitted to a 
vote of the taxpayers of such municipality in accordance with the pro- 
visions of sections 11-2303 to 11-2310, inclusive, at the same election and 
shall be approved by a majority of those taxpayers voting on such ques- 
tion. Aiding in the planning, undertaking or carrying out of an urban 
renewal project approved in accordance with this section shall be deemed a 
single purpose for the issuance of general obligation bonds, and the pro- 
ceeds of such bonds authorized for an}' such project may be used to 
finance the exercise of any and all powers conferred upon the municipality 
by section 11-3907 which are necessary or proper to complete such project 
in accordance with the approved plan and anj' modification thereof duly 
adopted by the local governing body. Sections 11-2306 and 11-2307 shall 
not be applicable to the issuance of such bonds. 

(h) The municipality may elect to undertake and carry out urban re- 
newal activities on a yearly basis. In such event, the activities shall be 
included in the yearly budget of the municipality. Such activities need 
not be limited to contiguous areas; however, such activities shall be con- 
fined to the areas as outlined in the urban renewal plan as approved by 

122 



COUNTIES 16-301 

the municipality in accordance with this act. The yearly activities shall 
constitute a part of the urban renewal plan and the municipality may elect 
to undertake certain yearly activities and total urban renewal projects 
simultaneously. The undertaking of urban renewal activities on a yearly 
basis shall be designated as a "neighborhood development program" and 
the financing of such activities shall be approved in accordance with sec- 
tion 11-3906, subsection (g). 

History: En. Sec. 6, Ch. 195, L. 1959; 
amd. Sec. 2, Ch. 38, L. 1965; amd. Sec. 2, 
Ch. 210, L. 1969. 



TITLE 16 

COUNTIES 



CHAPTER 3 

REMOVAL OF COUNTY SEATS 

Section 16-301. Bemoval of county seat — petition. 

16-302. Submission to electors — who are taxpayers. 

16-303. Election, notice of, how held and conducted. 

16-304. Voter to vote for place he prefers. 

16-305. Publication of result. 

16-306. Place chosen to be county seat. 

16-307. Statement of result and notice transmitted. 

16-308. No second election to be held within four years. 

16-309. County seat may be removed from time to time. 

16-301. (4369) Removal of county seat — petition. Whenever the in- 
habitants of any county of this state desire to remove the county seat of a 
county from the place where it is fixed by law, or otherwise, to another 
place, they may present a petition to the board of county commissioners of 
their county praying such removal, such place to be named in the petition, 
and that an election be held to determine whether or not such removal must 
be made. The petition to remove the county seat of the county from the 
place where it is fixed by law to another place must be presented to the 
board of county commissioners at least sixty days prior to any action 
thereon being taken by the board of county commissioners, and action on 
said petition by the board of county commissioners must be had at a regular 
meeting of said board of county commissioners. Such petition must be 
filed with the county clerk, and the county clerk, immediately upon the 
filing of said petition, must cause to be printed in every newspaper pub- 
lished within said county a notice to the effect that a petition praying 
for the removal of said county seat has been filed with the county clerk, 

123 



16-302 ELECTION LAWS 

and that said petition is open to the inspection of any and all persons 
interested therein, and that said petition will be presented to the board 
of county commissioners at its next regular session for action thereon. No 
other or additional petition than the one originally filed shall be con- 
sidered by the board of county commissioners, except that at any time on or 
before the date fixed for the hearing, any person having signed the original 
petition for the removal of the county seat may file a statement in writing 
with the county clerk that he desires to have his name withdrawn from 
such petition ; provided, that not more than one withdrawal shall be per- 
mitted by the same person. 

History: En. Sec. 4157, Pol. C. 1895; 1915; amd. Sec. 1, Oh. 10, L. 1919; re-en. 
amd. Sec. 1, p. 145, L. 1901; re-en. Sec. Sec. 4369, R. C. M. 1921. Cal. Pol. C. Sec. 
2851, Rev. C. 1907; amd. Sec. 1, Ch. 62, L. 3976. 



16-302. (4370) Submission to electors — who are taxpayers. If the 

petition is signed by sixty-five per cent of the taxpayers of such county, 
the board of county commissioners must at the next general election submit 
the question of removal to the electors of the county; provided, that the 
term "taxpayers" used in this section shall be deemed to mean "ad valorem 
taxpayers," and that for the purpose of testing the sufficiency of any peti- 
tion which may be presented to the county commissioners as provided in 
this section, the county commissioners shall compare such petition with the 
poll-books in the county clerk's office constituting the returns of the last 
general election held in their county, for the purpose of ascertaining 
whether such petition bears the names of sixty-five per cent of the tax- 
paying voters listed therein ; and they shall make a similar comparison 
of the names signed to the petition with those appearing upon the listed 
assessment roll of the county for the purpose of ascertaining whether the 
petition bears the names of sixty-five per cent of the ad valorem tax- 
payers as listed in said assessment roll; and if such petition then shows 
that it has not been signed by sixty-five per cent of the voters of the 
county who are ad valorem taxpayers thereof, after deducting from the 
said original petition the names of all persons who may have signed 
such original petition, and who may have filed, or caused to be filed, with 
the county clerk of said county or the board of county commissioners, on 
or before the date fixed for the hearing, their statement in writing of the 
withdrawal of their names from the original petition, it shall be deemed 
insufficient, and the question of the removal of the county seat shall not 
be submitted. 

History: En, Sec. 4158, Pol. C. 1895; 1919; re-en. Sec. 4370, R. C. M. 1921. Cal. 
amd. Sec. 2, p. 146, L. 1901; re-en. Sec, Pol. C. Sec. 3977. 
2852, Rev. C. 1907; amd. Sec. 2, C?h. 10, L. 



16-303. (4371) Election, notice of, how held and conducted. Notice of 
such election, clearly stating the object, must be given, and the election 
must be held and conducted, and the returns made, in all respects in the 

124 



COUNTIES 16-308 



manner prescribed by law in regard to the submitting of questions to the 

electors of a locality under the general election law. 

History: En. Sec. 4159, Pol. C. 1895; 
re-«n. Sec. 2853, Rev. C. 1907; re-en. Sec. 

4371, R. C. M. 1921. Cal. Pol. C. Sec. 3979. 

16-304. (4372) Voter to vote for place he prefers. In voting on the 
question, each elector must vote for the place in the county which he pre- 
fers, by placing opposite the name of the place the mark X. 

History: En. Sec. 4160, Pol. C. 1895; 
re-en. Sec. 2854, Rev. C. 1907; re-en. Sec. 

4372, R. C. M. 1921. Cal. PoL C. Sec. 3980. 



16-305. (4373) Publication of result. When the returns have been re- 
ceived and compared, and the results ascertained by the board, if a majority 
of the qualified electors of the county have voted in favor of any particular 
place, the board must give notice of the results by posting notices thereof 
in all the election precincts of the county, and by publishing a like notice 
in a newspaper printed in the county at least once a week for four weeks. 

History: En. Sec. 3, p. 146, L. 1901; Ch. 27, L. 1921; re-en. Sec. 4373, B. 0. M. 
re-en. Sec. 2855, Rev. C. 1907; aznd. Sec. 1, 1921. Cal. Pol. C. Sec. 3981. 



16-306. (4374) Place chosen to be county seat. In the notice provided 

for in the next preceding section, the place selected to be the county seat of 

the county must be so declared from a day specified in the notice not more 

than ninety days after the election. After the day named in the notice, 

the place chosen is the county seat of the county. 

History: En. Sec. 4162, Pol. C. 1895; 
re-en. Sec. 2856, Rev. C. 1907; re-en. Sec. 
4374, R. C. M. 1921. CaL Pol. C. Sec. 3982. 



16-307. (4375) Statement of result and notice transmitted. Whenever 
any election has been held, as provided for in the preceding sections of this 
chapter, the statement made by the board of county commissioners, show- 
ing the result thereof, must be deposited in the office of the county clerk, 
and whenever the board gives the notice prescribed by section 16-306 of this 
code, they must transmit a certified copy thereof to the secretary of state. 

History: En. Sec. 4163, Pol. C. 1895; 
re-en. Sec. 2857, Rev. C. 1907; re-en. Sec. 

4375, R. C. M. 1921. Cal. PoL C. Sec. 3983. 

16-308. (4376) No second election to be held within four years. When 

an election has been held and a majority of the votes are not cast for some 

other place than that fixed by law as the former county seat, no second 

election for the removal thereof must be held within four years thereafter. 

History: En. Sec. 4164, Pol. C. 1895; 
re-en. Sec. 2858, Rev. C. 1907; re-en. Sec. 

4376, R. C. M. 1921. Cal. Pol. C. Sec. 3984. 

125 



16-309 ELECTION LAWS 



16-309. (4377) County seat may b€ removed from time to time. When 

the county seat of a county has been once removed by a popular vote of the 

people of the county, it may be again removed from time to time in the 

manner provided by this chapter. 

History: En. Sec. 4, Ch. 146, L. 19Q1; 
re-en. Sec. 2859, Eer. C. 1907; re-en. Sec. 
4377, R. C. M. 1921. Cal. Pol. C. Sec. 3985. 



CHAPTER 4 
LOCATION OF COUNTY SEATS 

Section 16-401. Meeting and organization of board of commissioners on creation of 

new county — county clerk. 

16-402. Designation of temporary county seat — special election. 

16-403. Proceedings after petition for county seat election. 

16-404. Division of county into registration and polling precincts. 

16-405. Registration of voters. 

16-406. Judges of election — ballots, books and records. 

16-407. Applicability of general election laws. 

16-408. Form of ballot. 

16-409. Canvass of returns — result of election. 

16-410. Re-election in case of failure to select county seat. 

16-411. Applicability of general laws to new counties and officers. 

16-412. Submission of question of locating permanent county seat to voters — 

elections. 

16-401. (4378) Meeting and organization of board of commissioners on 
creation of new county — county clerk. Whenever a county is created here- 
after in this state by legislative enactment, it shall be the duty of the per- 
sons appointed to the office of county commissioners of such county by the 
act creating it, to meet at some place in the county, to be agreed upon by a 
majority of said county commissioners, within fifteen days after the 
passage of the act creating the county, and then and there organize as a 
board of county commissioners by electing one of their number chairman. 

The person appointed to the office of county clerk in the bill creating 

the comity shall be notified in writing by the county commissioners, or 

some one of them, of the time and place of said meeting, and he must 

attend the meeting and act as the clerk thereof and keep a record of the 

proceedings. If no person is appointed to the office of county clerk by 

the act creating the county, the commissioners shall at such meeting 

select some person qualified to hold office of county clerk to act as clerk of 

of such meeting. 

History: En. Sec. 1, Ch. 135, L. 1911; 
re-en. Sec. 4378, R, C. M. 1921. 

16-402. (4379) Designation of temporary county seat — special election. 

(1) Immediately after the organization of the board of county commis- 
sioners, as provided in the preceding section, said board shall, by a resolu- 
tion spread upon the minutes of its proceedings, designate some place within 
said county as and to be the temporary county seat until the permanent 
county seat shall be located as hereinafter in this act provided. The place so 
designated shall be the temporary county seat of said county until the 

126 



COUNTIES 16-402 

permanent county seat is located by the electors of said county at the 
general election to be held on the first Tuesday after the first Monday of 
November of the next even-numbered year after the creation of the county, 
or at a special election as hereinafter provided. 

(2) In the event of a majority of the county commissioners failing to 
agree upon the location of the temporary county seat, then each county com- 
missioner shall write the name of the place he favors as the temporary 
county seat on a slip of paper and said slips be inclosed in envelopes of the 
same size, color, and texture, and shall be deposited in a box or other 
suitable receptacle, and the county clerk, in the presence of said commis- 
sioners, shall draw out one of the said slips. Thereupon the county com- 
missioners shall, by resolution spread upon the minutes, declare the place 
named on the slip so drawn by the county clerk to be the temporary 
county seat of said county. 

(3) At said first general election after the creation of the county, it 
shall be the duty of the board of county commissioners and county clerk to 
have separate official ballots printed and distributed for the use of the 
electors at said election; which ballots shall be in the form and contain 
the same matter as the ballots provided for in section 16-408 of this code, 
and the provisions of section 16-409 of this code shall apply to and govern 
the manner of voting and of canvassing said ballots, and the board of 
county commissioners shall declare the result of such election and the 
location of the permanent county seat, and said county seat shall be lo- 
cated in the manner and according to the provisions of said section 16-409. 

(4) Provided, however, that at any time within six months after the 
passage of an act creating a new county, a petition or petitions may be filed 
with the county clerk of the board of county commissioners of such county 
asking the board to submit the question of the location of the permanent 
county seat to the electors of the county at a special election to be called 
and held in the manner hereinafter in this act provided. Said petition or 
petitions must contain in the aggregate the names of at least one hundred 
taxpayers, whose names appear upon the assessment-books containing the 
last assessment of the property situated in such new county, and whose 
names also appear as registered electors in some registration district estab- 
lished and existing in the territory embraced in the new county at the 
last general election held therein. 

(5) The petition or petitions when filed with the board must also have 
certificates attached thereto from the county clerk of the county in which 
the person or persons signing the petition resided before the creation of 
the new county, certifying that the names of the person signing said peti- 
tion or petitions appear in the last assessment-books of his county, and 
also in the registration-books of his county containing the names of the 
electors registered in the last general election in the districts now embraced 
in the new county. 

History: En. Sec. 2, Ch. 135, L. 1911; 
re-en. Sec. 4379, R. C. M. 1921. 

127 



16-403 ELECTION LAWS 

16-403. (4380) Proceedings after petition for county seat election. 
Upon filing said petition or petitions, duly certified to as provided in the 
preceding section, with the county clerk of the new county, he must im- 
mediately notify the chairman of the board of county commissioners who, 
upon receipt of such notice, must call a meeting of the board to be held 
within ten days after the filing of said petition, for the purpose of consider- 
ing the same. If the board at such meeting finds that said petition conforms 
to the requirements of and is in accordance with the provisions of the pre- 
ceding section, it shall at said meeting, by a resolution spread upon its 
minutes, call a special election of the qualified electors of said county for 
the purpose of voting upon the question of the location of the permanent 
county seat. 

Said election shall be held on Tuesday and not less than forty nor 

more than sixty days after the date of calling the same. The board must 

issue an election proclamation containing a statement of the time of the 

election and the question to be submitted. A copy of this proclamation 

must be published in some newspaper printed in the county, if any, and 

posted at each place of election at least ten days before the election. 

History: En. Sec. 3, Ch. 135, L. 1911; 
re^en. Sec. 4380, B. C. M. 1921. 

16-404. (4381) Division of county into registration and polling pre- 
cincts. At the meeting of the board at which the special election is called 
for the purpose of locating the permanent county seat, the board shall, by 
resolution spread upon its minutes, divide the county into registration dis- 
tricts and establish polling precincts in the manner provided by law. It must 
also, at such meeting, make an order designating the house or place within 
each precinct where the election shall be held. It must also at the same 
session of the board appoint registry agents for the several registration 
districts established by it, who must possess the qualifications required by 
law for registry agents. The county clerk must furnish the said registry 
agents with books, blanks, and other stationery required for the proper 
performance of their duties. 

History: En. Sec. 4, Ch. 135, L. 1911; tors held impliedly repealed by Ch. 122, 

re-en. Sec. 4381, R. C. M. 1921. Laws of 1915, sections 23 501 to 23-534 

NOTE.— Sections 16-404 (4381) and 16- (553 to 586). Opinions of Attorney General 

405 (4382) relating to registration of elec- ^°^- ^> ^S- 247. 

16-405. (4382) Registration of voters. The period for the registration 
of electors shall be between the hours of nine a. m. and nine p. m. on all legal 
days from nine a. m. of the fourth Monday prior to the date of said election 
to nine p. m. of the second following Saturday. It shall be the duty of 
each registry agent to publish and post notices of the time and places of 
registration in the manner provided by law for the publication of notices 
of registration for general elections. No person shall be entitled to regis- 
ter and vote at such special election unless he is a qualified voter of the 
state of Montana of the age of twenty-one years, and will have been a 
resident of Montana one year and of the territory embraced within the 
boundaries of the new county for a period of one hundred and eighty days 

128 



COUNTIES 16-408 

on the day next preceding the day of such election, and also takes and 
subscribes to the oath provided in section 479, Revised Codes of Montana. 

The general election laws of this state governing the registration of 
electors and defining the duties of the registry agents shall apply to and 
govern the registration of electors in elections held under this act insofar 
as the same do not conflict herewith. 

History: En. Sec. 5, Ch. 135, L. 1911; was repealed by chapter 113, Laws of 1911. 
re-en. Sec. 4382, R. C. M. 1921. This section held impliedly repealed, see 

NOTE.— Section 479, referred to above, no<^e to sec. 16-404. 

16-406. (4383) Judges of election — ^ballots, books ajid repords. At the 

same meeting of the board of county commissioners at which the special 

election for the location of the permanent county seat is called, the board 

shall appoint three judges of election for each precinct in the county who 

shall act as the judges at said election. It shall be the duty of the county 

clerk to have printed and distributed to the judges of election the necessary 

ballots, the form of which shall be as provided in sections 16-402, 16-408, and 

16-410 of this code, and also supply the judges with the necessary books, 

records, stationery and ballot-boxes required to hold such election in the 

manner provided by law. 

History: En. Sec. 6, Ch. 135, L. 1911; 
re-en. Sec. 4383, R. C. M. 1921. 

16-407. (4384) Applicability of general election laws. The judges ap- 
pointed for said special election must qualify as required by the general 
election law, and the polls must be opened and closed, the voting done, the 
ballots counted, returns made to the board of county commissioners, and all 
other matters connected with said election carried on and conducted in 
accordance with and as provided by the general election laws of this state. 

History: En. Sec. 7, Ch. 135, L. 1911; 
re-en. Sec. 4384, R. C. M. 1921. 

16-408. (4385) Form of ballot. The form of the ballot used at such 
elections shall be as follows: There shall be a stub across the top of each 
ballot, and separated therefrom by a perforated line. The part above the 
perforated line, designated as the stub, shall extend the entire width of the 
ballot, and shall have a depth of not less than two inches. Upon the face 
of the stub there shall be printed in what is known as brevier capitals the 
following instructions: 

"To vote this ballot the elector will write in the blank space on the 
ballot the name of the town or place at which he desires the permanent 
county seat to be located." 

The ballot below the perforated line shall be in the following form: 

"For the permanent county seat of _ county my choice 

is "; (here insert name of county) 

Provided, that any person who, from any cause, is unable to write, may 

have one of the judges in the presence of another judge write his choice 

on the ballot. 

History: En. Sec. 8, Ch. 135, L. 1911; 
re-en. Sec. 4386, B. C. M. 1921. 

129 



16-409 ELECTION LAWS 

16-409. (4386) Oanvasa of returns — result of election. When the name 
of a town or place in a county shall be so inserted in the blank space on 
such ballot by an elector, and the ballot has been cast as provided by law, 
the same shall be deemed a vote for the designated town or place as the 
location of the permanent county seat of said county. The board of county 
commissioners of said county shall canvass the returns of said election in 
the manner provided by law for the canvassing of election returns, and 
upon such canvassing of returns the town or place found to have received 
a majority of all votes cast on such questions shall be declared by the 
board the permanent county seat of the county. The order declaring the 
result of such election shall be entered of record in the minutes of the pro- 
ceedings of the board of county commissioners by the county clerk, and 
from the date of the declaration of the results of the election the town or 
place selected shall be and remain, until lawfully changed in the manner 
provided by law, the permanent county seat of such county. Within ten 
days after the declaration of the result of such election, all records and 
county offices of the county, if elsewhere located, must be moved to and 
remain at the place declared the permanent county seat. 

History: En. Sec. 9, Ch. 135, L. 1911; 
re-en. Sec. 4386, R. C. M. 1921. 

16-410. (4387) Re-election in case of failure to select county seat. If 
no town or place receives a majority of all votes cast on such question, 
then the town or place receiving the highest number of votes shall be de- 
clared by the board and immediately become the temporary county seat of 
the county, and at the next general election the two towns or places receiv- 
ing the greatest number of votes at said first election shall be the candidates 
for the permanent county seat. At said next general election, the county 
clerk shall have separate ballots in the form provided for in section 16-408 
of this code printed and distributed as provided by law containing the 
names of said candidates for the permanent county seat. On the stub of 
such ballots shall be printed the following instructions: 

"To vote this ballot the elector will place an X in the square before 
the name of the town he intends to vote for." 

The form of such ballots below the perforated line shall be as follows: 



.for the permanent county seat 



for the permanent county seat 

Of said towns or places the one receiving a majority of all the votes 
cast on such question shall be declared the permanent county seat, and the 
board of county commissioners must canvass the returns and declare the 
result, and the county seat must be located in accordance with the provi- 
sions of this act. 

History: En. Sec. 10, Cli. 136, L. 1911; 
re-en. Sec. 4387, E. C. M. 1921. 

16-411. (4388) Applicability of general laws to new counties and 
officers. All laws of general nature applicable to the several counties of 
the state of Montana and to the officers thereof, and to their powers and 

130 



COUNTIES 16-412 



duties, shall be applicable to a new county and the ofiScers thereof from and 
after the creation of the county, except as otherwise provided in this act, or 
the act creating the county. 

History: En, Sec. 11, Ch. 136, L. 1911; 
re-en. Sec. 4388, E. 0. M. 1921. 

16-412. (4389) Submission of question of locating permanent county 
seat to voters — elections. Any county heretofore created, in which the 
permanent county seat has not been located by valid election held for the 
purpose of locating the permanent county seat of said county, may have a 
special election, for the purpose of voting on such question, called and 
held under the provisions of this act, or if no special election is held for 
such purpose, then said question shall be submitted by the county commis- 
sioners at the next general election after the passage of this act and in 
the manner provided herein for the submission of such questions at gen- 
eral elections; provided, however, that no special election shall be called 
for the purpose of submitting such question unless a petition or petitions 
containing in the aggregate the names of one hundred taxpaying electors 
of such county, whose names appear upon the last assessment book, and 
also on the last registration-books of said county, are filed with the clerk 
of the board of county commissioners within six months after the passage 
and approval of this act. 

Upon the filing of such petition or petitions within said time, contain- 
ing the requisite number of taxpaying electors, which must be ascertained 
by the board from the records of said county, said board must immediately 
call such special election as herein provided. 

If registration districts and polling precincts have already been estab- 
lished in said county, they shall remain the same for such special election, 
but a new registration shall be had and said special election conducted 
and the result determined as in this act provided. 

The provisions of this section shall not apply in any case where there 
has been a permanent county seat located and maintained for a period of 
three years from the date immediately subsequent to the date of the 
approval of this act, whether the same was located by a legal election or 
otherwise. 

History: En. Sec. 12, Oh. 135, L. 1911; 
re-en. Sec. 4389, B. C. M. 1921. 

CHAPTER 5 
CREATION OF NEW COUNTIES BY PETITION AND ELECTION 

Section 16-501. Creation of new counties — debts and assets prorated — ^minimum are:^ 

and valuation. 
16-502. Basis of taxation upon creation of new county — ^terms used in law 

defined. 
16-503. Cities and towns eligible for county seat. 
16-504. Petition for creation of new county — attached affidavits — notice and 

hearing. 
16-505. Duty of commissioners when findings justify new county — division into 

township, road and school districts— change of boundaries of election 

precincts — election — temporary county seat. 
16-506. Measures to be taken after election — ofiScers — effect of adverse vote. 
16-507. Officers of new county — judicial district. 

131 



16-501 ELECTION LAWS 



16-509. Board of county commissioners to be elected. 

16-517. Publication by posting of notice. 

16-519. Misdemeanor and malfeasance in office. 

16 520. Repealing and saving clause. 

16-501. (4390) Creation of new counties — debts and assets prorated— 
minimum area and valuation. New counties may from time to time be 
formed and created in this state from portions of one or more counties, 
which shall have been created and in existence for a period of more than 
two years, in the manner set forth and provided in this act; provided, how- 
ever, that no new county shall be established which shall reduce any county 
to an assessed valuation of less than twelve million dollars ($12,000,000.00), 
inclusive of all assessed valuation as shown by the last preceding assess- 
ment; nor shall any new county be established which shall reduce the area 
of any existing county from which territory is taken to form such new 
county, to less than twelve hundred square miles of surveyed land, exclu- 
sive of all forest reserve and Indian reservations within old counties nor 
shall any new county be formed which contains an assessed valuation of 
property less than ten million dollars ($10,000,000.00), inclusive of all as- 
sessed valuation as shown by the last preceding assessment, of the county 
or counties from which such new county is to be established, nor shall any 
new county be formed which contains less than one thousand square miles 
of surveyed land exclusive of all forest reserve land or Indian reservations, 
not open for settlement, nor shall any line thereof pass within fifteen miles 
of the court house situate at the county seat of the county sought to be 
divided ; provided, that such county line may be run within a distance of 
ten miles of a county seat in cases where the natural contour of the county, 
by reason of mountain ranges or other topographical conditions, is such as 
to make it diflBcult to reach the county seat, and in such cases a petition, 
signed by at least fifty-eight per centum (58%), of the voters in the pro- 
posed new county, shall be presented to the judge of the district court in 
which the county affected is located, asking for the appointment of a com- 
mission of five (5) disinterested persons, who shall determine if the topo- 
graphical conditions are such as to warrant the fixing of the county division 
lines closer than at fifteen miles from the county seat, as such boundaries 
are legally fixed and determined at the date of the filing of the petition or 
petitions referred to in section 16-504 of this code. 

Every county which shall be enlarged or created from the territory 
taken from any other county or counties shall be liable for a prorata pro- 
portion of the existing debts and liabilities of the county or counties from 
which such territory shall be taken, and shall be entitled to a prorata pro- 
portion of the assets of the county or counties from which such territory is 
taken, to be determined as provided by section 16-502, 16-503 and 16-511. 

History: The first new county act was plete new county law enacted by Ch. 139, 

Ch. 112, L. 1911. The first four 8©ctiona L. 1915, which was repealed by Oh. 226, L. 

of this act were amended and the rest re- 1919. This section en. Sec. 1, Ch. 226, L. 

enacted by Ch. 133, L. 1913; Sec. 7 of the 1919; re-en. Sec. 4390, R. C. M. 1921; amd. 

act was also amended by Ch. 135, L. 1913. Sec. 1, Ch. 106, L. 1929, 
All these acts were repealed and a com- 

16-602. (4391) Basis of taxation upon creation of new ooimty — terms 
Vised in law defined. For the purposes of this act the assessed valuation of 

132 



COUNTIES 16-504 

all property, whether included within the boundaries of a proposed new 
county, or remaining within the boundaries of any existing county or coun- 
ties from which territory is taken, shall be fixed and determined on the same 
basis as is used for the imposition of taxes in the state of Montana, to-wit : 
By taking that percentage of the true and full value of all taxable property 
in any county specified by section 84-302. 

Whenever in this act the term "assessed valuation" or "valuation based 
on the last assessment roll" is used, said terms shall be construed as mean- 
ing taxable valuation determined as herein provided, not the full and true 
valuation of property. 

History: En. Sec. 1, Ch. 16, Ex. L. 
1919; re-en. Sec. 4391, R. C. M. 1921. 

16-503. (4392) Cities and towns eligible for county scat. No city, 
town, or village shall become the temporary or permanent county seat of 
any county organization under the provisions of sections 16-501 to 16-520 
of this code, or created by an act of the legislative assembly, unless such 
city or town shall have been incorporated in the manner provided by law, 
or unless such village shall have been regularly platted and a plat thereof 
filed in the oflfice of the county clerk and recorder, and there be fifty quali- 
fied electors residing within the boundaries of such platted village, and the 
temporary county seat selected upon the organization of such county shall 
remain as such county seat until the permanent county seat shall be estab- 
lished as provided by law. 

History: En. Sec. 1, Ch. 16, Ex. L. 
1919; re-en. Sec. 4392, E. C. M. 1921. 

16-504. (4393) Petition for creation of new county — attached affidavits 
— ^notice and hearing. (1) Whenever it is desired to divide any county or 
counties and form a new county out of a portion of the territory of such 
then existing county or counties, a petition shall be presented to the board 
of county commissioners of the county from which the new county is to be 
formed, in case said proposed new county is to be formed from but one 
county, or to the board of county commissioners of the county from which 
the largest area of territory is proposed to be taken for the formation of 
such new county, in case said new county is to be formed from portions of 
two or more existing counties; and such board of county commissioners 
shall be empowered and have jurisdiction to do and perform all acts pro- 
vided for to'be done or performed in this act, for each of the several coun- 
ties from which any proposed territory is to be taken, and shall direct that 
a certified copy of all orders and proceedings had before such board of 
county commissioners shall be certified by the county clerk to the board of 
county commissioners of each of the several counties from which any ter- 
ritory is taken by the proposed new county; and all officers of any such 
county shall comply with the orders of the board of county commissioners, 
in the same manner as if said order had been duly made by the board of 
county commissioners of each respective county from which territory is 
proposed to be taken. Such petition shall be signed by at least fifty-eight 
per cent of the qualified electors of the proposed new county, whose names 

133 



16-504 ELECTION LAWS 

appear on the official registration books and who are shown thereon to have 
voted at the last general election preceding the presentation of said peti- 
tion to the board of county commissioners as herein provided ; provided, 
that in cases where the proposed new county is to be formed from portions 
of two or more counties, separate petition shall be presented from the terri- 
tory taken from each county ; and each of said separate petitions shall be 
signed by at least fifty-eight per cent of the qualified electors of each of said 
proposed portions. Such signatures need not all be appended to one paper, 
but may be signed to several petitions which must be similar in form, and 
when so signed the several petitions may be fastened together and shall be 
treated and presented as one petition. 

(2) Such petition or petitions shall contain: 

1. A particular description of the boundaries of the proposed new 
county. 

2. A statement that no line thereof passes within fifteen miles of the 
court house situated at the county seat of any county proposed to be di- 
vided, except as hereinafter in this act provided. 

3. A statement of the assessed valuation of such proposed county as 
shown by the last preceding assessment, inclusive of all a.ssessed valuation. 

4. A statement of the surveyed area in square miles which will remain 
in the county or counties from which territory is taken to form such new 
county, after such county is formed, and a statement of the surveyed area 
in square miles which will be in the new county after formed. 

5. The name of the proposed new county. 

6. A prayer that such proposed new county be organized into a new 
county under the provisions of this act. 

There shall be attached and filed with said petition or petitions an affi- 
davit of five qualified electors and taxpayers residing within each county 
sought to be divided, to the effect that they have read said petition and ex- 
amined the signatures affixed thereto, and they believe that the statements 
therein are true, and that it is signed by at least fify-eight per cent of the 
qualified electors as herein provided, of the proposed new county, or of the 
proposed portion thereof, taken from each existing county, where the pro- 
posed new county is to be formed from portions of two or more existing 
counties; that the signatures affixed thereto are genuine; and that each of 
such persons so signing was a qualified elector of such county therein sought 
to be divided, at the date of such signing. Such petition or petitions so veri- 
fied, and the verification thereof, shall be accepted in all proceedings per- 
mitted or provided for in this act, as prima facie evidence of the truth of 
the matters and facts therein set forth. Upon the filing of such petition or 
petitions and affidavits with the clerk of the said board of county commis- 
sioners, said clerk shall forthwith fix a date to hear the proof of the said 
petitions and of any opponents thereto, which date must be not later than 
thirty days after the filing of such petition with the clerk of said board. 
The county clerk shall also, at the same time, designate a newspaper of 
general circulation published in the old counties, but not within the pro- 
posed new county, and also a newspaper of general circulation published 
within the boundaries of the proposed new county, if there be such, in which 

134 



COUNTIES 16-504 

the said county clerk shall order and cause to be published, at least once a 
week for two weeks next preceding the date fixed for such hearing, a notice 
in substantially the following form : 

Notice 

Notice is hereby given that a petition has been presented to the board 
of county commissioners of county (naming the county repre- 
sented by the board of county commissioners with which said petition was 
filed), praying for the formation of a new county out of portion of the said 

county and county (naming the county or counties 

of which it is proposed to form the new county), and that said petition will 
be heard by the said board of county commissioners at its place of meeting 
(designating the city or town and the day and hour of the meeting so to be 
held), and when and where all persons interested may appear and oppose 
the granting of said petition, and make any objections thereto. 

Dated at at Montana. 

, County Clerk. 

Said petitioners shall, on or before the date fixed for said hearing, file 
with the said board of county commissioners a bond to be approved by 
said board, in an amount of five thousand dollars, payable to the county 
in which said petition is filed, conditioned that the obligors named in said 
bond will pay to said county all expenses incurred in the election provided 
for in this act, not exceeding the amount specified in said bond, in the 
event that at the election herein provided for more than forty-two per cent 

of the votes cast at said election are "for the new county of 

(naming the proposed new county)," "No." 

(3) At the time so fixed for said hearing, the board of county commis- 
sioners shall proceed to hear the petitioners and any opponents and pro- 
testants upon the petition or protests filed on or before the time fixed for 
the hearing. No petition or protest or petition for the exclusion of territory 
shall be considered unless the same is filed at least one day before the 
time fixed for the hearing, and such petition for the exclusion of territory 
shall contain the names of not less than fifty per cent of the qualified elec- 
tors who are resident property taxpayers of any territor}- to be excluded. 
All such territory being excluded must be in one block, and contain an area 
of not less than thirty-six square miles, and be totally within one county, 
and contiguous thereto, and the board of county commissioners may adjourn 
such hearing from time to time, but not for more than ten da3's after the 
time fixed for the hearing, and shall receive the proof to establish or 
controvert the facts set forth in said petition. No withdrawals of signatures 
to the original petition for the creation of a proposed county shall be filed 
or considered which have not been filed with the county clerk on or before 
the date fixed for the hearing. No withdrawals of any signature from the 
petition for the exclusion of territory shall be received or considered which 
are not filed within five days after the filing of the petition for such ex- 
clusion of territory. 

(4) The board of county commissioners, on the final hearing of such 
petition or petitions, shall, by a resolution entered on its minutes, deter- 
mine: 

135 



16-504 ELECTION LAWS 

1. The boundaries of the proposed new county, and the boundaries so 
determined by said board of county commissioners shall be the boundaries 
of such proposed new county, if it be created as herein provided. 

2. Whether the said petition contains the genuine signatures of at 
least fifty-eight per cent of the qualified electors of the proposed new 
county as herein required, or in cases where separate petitions are presented 
from portions of two or more existing counties as herein required, whether 
each petition is signed by at least fifty-eight per cent of the qualified 
electors of that portion of each of such existing counties which it is pro- 
posed to take into the proposed new county. 

3. Whether any line of the proposed new county passes within fifteen 
miles of the court-house situate at the county seat of any county proposed 
to be divided, except as hereinbefore provided. 

4. Whether the proposed new county will contain property, according 
to the last preceding assessment, which will equal in amount at least four 
million dollars, inclusive of all assessed valuation. 

5. Whether the area of any existing county from which territory is 
taken to form such new county will be reduced to less than twelve hundred 
square miles of surveyed land, by taking the territory proposed to be taken 
therefrom to form such new county. 

6. Whether the area of the proposed new county will contain at least 
one thousand square miles of surveyed land to form such new county. 

7. The class to which said proposed new county after its creation will 
belong, and the name of said proposed new county, as stated in such pe- 
tition. 

8. Whether the area embraced within the proposed new county will be 
reasonably compact. 

(5) On final hearing the board of commissioners, upon petition of not 
less than fifty per cent of the qualified electors (as shown by the official 
registration books on the day of the filing of any such petition) of any ter- 
ritory lying within said proposed new county contiguous to the boundary 
line of the said proposed new county, and of the old county from which such 
territory is proposed to be taken, and lying entirely within a single old 
county and described in said petition, asking that said territory be not in- 
cluded within the proposed new county, must make such changes in the 
proposed boundaries as will exclude such territory from such new county, 
and shall establish and define such boundaries. On final hearing the board of 
commissioners, upon petition of not less than fifty per cent of the qualified 
electors who are resident property taxpayers of any territory lying outside 
said proposed new county, and contiguous to the boundary line of said pro- 
posed new county, and of the old county or counties from which such 
territory is proposed to be included, asking that said territory be included 
within the proposed now county, must make such changes in the proposed 
boundaries as will include such territory in such new county, and shall 
establish and define such boundaries ; provided, however, that the segrega- 
tion of such territory from any old county or counties shall not leave such 
county or counties with less than twelve million dollars of assessed valua- 
tion, based upon the last assessment-roll ; provided, that no change or 

136 



COUNTIES 16-505 

I'lianges so made sliall result in reducing tlie valuation of the proposed new 
county to less than an assessed valuation of ten million dollars, inclusive of 
all assessed valuation; and provided, further, that no ehanf?e shall bo madf 
which shall leave the territory so excluded separate and apart from aiul 
without the county of which it was formerly a part. Petitions for exclu- 
sion shall be disposed of in the order in point of time in which they are 
filed with the clerk of the board of county commissioners, and on final de- 
termination of boundaries no changes in the boundaries originally proposed 
shall be made except as prayed for in said petition or petitions, or to correct 
clerical errors or uncertainties. 

History: En. Sec. 2, Ch. 226, L. 1919; NOTE.— Wording of tliis section changed 

re-en. Sec. 4393, R. C. M. 1921. to conform to amendment of section 1(5 

501 l)y Sec. 1, Ch. 106, Laws 1929. 

16-505. (4394) Duty of commissioners when findings justify new county 
— division into township, road and school districts — change of boundaries 
of election precincts — election — temporary county seat. (1) If the said 
board of county commissioners determine that the formation of said pro- 
posed new county will not reduce any county from which any territory is 
taken to an assessed valuation of less than twelve million dollars, inclusive 
of the assessed valuation, nor the area thereof to less than twelve hundred 
square miles of surveyed land, and that the proposed new county contains 
property of an assessed valuation of at least ten million dollars, inclusive 
of all assessed valuation, and that the proposed new county has an area 
of at least one thousand square miles of land, and that no line of said pro- 
posed new county passes within fifteen miles of the court house situate at 
the county seat of any county proposed to be divided, except as hereinbe- 
fore provided, and that said petition contains the genuine signatures of at 
least fifty-eight per cent of the qualified electors of the proposed new 
county, or in cases where separate petitions are presented from portions of 
two or more existing counties (as herein required), that each of said pe- 
titions contain the genuine signatures of at least fifty-eight per cent of the 
qualified electors of that portion of the proposed new county from which 
it is taken, then the said board of county commissioners shall divide the 
proposed new county into a convenient number of township, road, and 
school districts, and define their boundaries and designate the names of 
such districts. 

(2) Said board of county commissioners shall also, if necessary for 
the purpose of the election hereinafter provided for, change the boundaries 
of the election precincts in said old county or counties to make the same 
conform to the boundaries of the proposed new county; provided, that the 
boundary lines of no such precinct shall extend beyond the boundary lines 
of the then existing county in which it is located, and from which the terri- 
tory is proposed to be taken ; and said board shall appoint election officers 
to act at said election and to be paid by said board. 

(3) Within two weeks after its determination of the truth of the alle- 
gations of said petition as aforesaid, the said board of county commis- 
sioners shall order and give proclamation and notice of an election to be 
held on a specified day in the territory which is proposed to be taken for the 

137 



16-505 ELECTION LAWS 

new county, not less than ninety days nor more than one hundred ana 
twenty days thereafter, for the purpose of determining whether such terri- 
tory shall be established and organized into a new county ; and for the elec- 
tion of officers and location of a county seat therefor, in case the vote at 
such election shall be in favor of the establishment and organization of such 
new county. All qualified electors residing within the proposed new county 
who are qualified electors of the county or counties from which territory 
is taken to form such proposed new county, and who have resided within the 
limits of the proposed county for a period of more than six months next 
preceding the day of election, and who are registered under the provisions 
of the registration laws of the state, shall be entitled to vote at said elec- 
tion. Registration and transfers of registration shall be made and shall 
close in the manner and at a time provided by law for registration and 
transfers of registration for a general election in the state of Montana. 

(4) Such proclamation and notice of election shall be published at 
least once a week for three weeks before the holding of such election, in 
some newspaper of general circulation published in the territory which is 
proposed to be taken for the new county, and a copy thereof shall be mailed 
immediately by the county clerk of the county in which the petition is filed 
to the county clerk of each county from which territory is taken for the pro- 
posed new county. Such proclamation and notice shall require the voters 

to cast ballots which shall contain the words, "For the new county of 

(giving the name of the proposed new county)" "Yes," and "For 

the new county of (giving the name of the proposed 

new county)," "No," and each voter desiring to vote for the establishment 
and organization of said new county shall mark a cross (X) opposite the 

words, "For the new county of ," "Yes," in the manner 

now required by law in other elections, and each voter desiring to vote 
against the establishment and organization of said new county shall mark a 

cross (X) opposite the words, "For the new county of ," 

"No," in the manner now required by law in other elections; and shall 
also contain the names of persons to be voted for to fill the various elective 
offices designated in said proclamation for counties of the class to which 
said proposed county will belong, as determined by the board of county 
commissioners as herein otherwise provided. 

(5) There shall also be printed upon said ballot the words, "For the 
county seat," and the names of all cities or towns which may have filed with 
the county clerk a petition signed by at least twenty-five qualified electors, 
nominating any city or town within the proposed new county for the county 
seat, and the voter shall designate his choice for county seat by marking a 
cross (X) opposite the name of the city or town for which he desires to cast 
his ballot. At the special election to be held, as provided in this act, the 
question of the election of the county seat is hereby provided to be sub- 
mitted to the qualified electors of the proposed new county, and the ma- 
jority of all the votes cast therefor shall determine the election thereon. In 
case any city or town fails to receive a majority of all the votes cast, then 
the city or town receiving the highest number of all votes cast shall be 

138 



COUNTIES 16-506 

designated as the temporary county seat, and in case any city or town is 
not the choice of the election for the county seat by a majority of all the 
votes cast, the question of choice between the two cities or towns for which 
the highest number of votes shall have been cast shall be submitted in like 
manner to the qualified electors at the next general election thereafter. 
"When the county seat shall have been selected as herein provided, it shall 
not thereafter be changed except in the manner provided by law. 

(6) The proclamation calling the election and the notice thereof pro- 
vided for in this act shall be made and given exclusively by the board of 
county commissioners with which is filed the said petition for the formation 
and establishment of such new county, and such board shall cause the clerk 
of said county to furnish to the officers of each precinct in such proposed 
new county all ballots, poll list, tally lists, registers for voters' signatures, 
ballot-boxes, and other election supplies and equipment necessary to con- 
duct such election, and which are not hereinafter specifically directed to be 
furnished by the clerk of another county or counties. Such election shall 
be governed and controlled by the general election laws of the state, so far 
as the same shall be applicable, except as herein otherwise provided. The 
returns of all elections for the creation of the county, and for officers and 
for location of the county seat as provided for in this act, shall be made to 
and canvassed by the board of county commissioners of the county from 
which the largest area is taken by the proposed county. 

(7) The county clerk of each county from which territory is taken for 
the proposed new county shall, not less than five days before the date of 
such election, furnish to each board of election within said proposed new 
county, a copy of the official register for the precincts of such proposed 
new county as are within their respective counties, and the copies of indexes 
thereof required by law containing the names of all persons who were 
qualified electors at the last general election before the date of such election. 

All returns of election herein provided for shall be made to the board of 
county commissioners calling such election. 

All nominations of candidates for the office required to be filled at said 
election shall be made in the manner provided by law for the nomination of 
candidates by petition. 

The provisions of the election laws relating to preparation, printing, and 
distribution of sample ballots, except the provisions of said laws relating 
to primary elections in this state, shall have application to any election pro- 
vided for in this act. 

History: En. Sec. 3, Ch. 226, L. 191»; NOTE. — Wording of this section changed 

re-en. Sec. 4394, E. C. M. 1921. to conform to section 16-501. 

16-506. (4395) Measures to be taken after election — officers — eflFect of 
adverse vote. (1) If, upon the canvass of the votes cast at such election, 
it appears that fifty-eight per cent of the votes cast are "For the new county 

of ," "Yes," the board of county commissioners shall, 

by a resolution. entered upon its minutes, declare such territory dub' formed 
and created as a county of this state, of the class to which the same shaU 

belong, under the name of county, and that the city 

or town receiving the highest number of votes cast at said election for 

139 



16-507 ELECTION LAWS 

county seat shall be the county seat of said county until removed in the 
manner provided by law, and designating and declaring the person receiv- 
ing respectively the highest number of votes for the several offices to be 
filled at said election, to be duly elected to such offices. Said board shall 
forthwith cause a copy of its said resolution, duly certified, to be filed in the 
office of the secretary of state, and ninety days from and after the date of 
such filing said new county shall be deemed to be fully created, and the 
organization thereof shall be deemed completed, and such officers shall be 
entitled to enter immediately upon the duties of their respective offices upon 
qualifying in accordance with law and giving bonds for the faithful per- 
formance of their duties, as required by the laws of the state. The clerk 
of the board of county commissioners with which said petition was filed, as 
herein provided, must immediately make out and deliver to each of said 
persons so declared and designated to be elected, a certificate of election 
authenticated by his signature and the seal of said county. The persons 
elected members of the board of county commissioners and the county clerk 
shall immediately, upon receiving their certificates of election, assume the 
duties of their respective offices. 

(2) The board of county commissioners shall have authority to provide 
a suitable place for the county officers, and to purchase such supplies as may 
be deemed necessary for the proper conduct of the county government. All 
other officers take office ninety days after the filing of the resolution herein 
provided for with the secretary of state. All the officers elected at said 
election, or appointed under this act, shall hold their offices until the time 
provided by general law for the election and qualification of such officers 
in this state, and until their successors are elected and qualified, and for the 
purpose of determining the term of office of such officers, the years said 
officers are to hold office are to be computed respectively from and in- 
cluding the first Monday after the first day of January following the last 
preceding general election. If, however, upon such canvass it appears that 
more than forty-two per cent of the votes cast at said election are "For 
the new county of ," "No," the board of county com- 
missioners canvassing said vote as provided herein shall pass a resolution 
in accordance therewith, and thereupon the proceedings relating to division 
of such county or counties shall cease ; and no other proceedings in relation 
to any other division of said old county or counties shall be instituted for at 
least two years after such determination. 

History: En. Sec. 4, Ch. 226, L. 1919; 
re-en. Sec. 4395, R. C. M. 1921. 

16-507. (4396) Officers of new comity — judicial district. At the elec- 
tion provided for in section 16-505 of this code, there shall be chosen such 
county, township, and district officers as are now or may hereafter by gen- 
eral law be provided for in counties of the class to which the said new county 
is determined to belong, as herein provided ; provided, that all duly elected, 
qualified and acting officers of the county or counties, who may reside 
within the proposed new county, shall be deemed to be officers of said new 
county if they file with the board of county commissioners, whose duty it 
shall be to call the election, within five days after the final hearing and 

140 



COUNTIES 16-517 

determination of said petition for such proposed new county, their intention 
to become officers of said proposed new county, and the board of 
county commissioners issuing the proclamation of any election, as in this 
act provided, shall omit providing for the election of any such officers as 
may have filed their declaration as herein provided ; and provided, also, 
that all duly elected, qualified, and acting justices of the peace and con- 
stables residing within the proposed new county at the time of the division 
of such county into townships, as hereinbefore in section 16 505 provided, 
shall hold office as such justices of the peace or constables in said county 
for the remainder of the term for which they were elected on qualifying as 
justices of the peace or constables for the respective townships in which 
they reside, when said townships are organized as provided in this act; 
provided, further, that all duly elected, qualified, and acting school trustees 
residing within the proposed new county at the time of the division of such 
county into school districts, as hereinbefore in section 16-505 provided, shall 
hold office as school trustees in said new county for the remainder of the 
term for which they were elected on qualifying as school trustees for the 
respective districts in which they reside, as said districts are organized as 
provided by this act. Each person elected or appointed to fill an office of 
such new county under the provisions of this act shall qualify in the man- 
ner provided by law for such officers, except as herein otherwise provided, 
and shall enter upon the discharge of the duties of his office within such 
time as herein provided, after the receipt of the certificate of his election. 
Each of such officers may take the oath of office before any officers author- 
ized by the laws of the state of Montana to administer oaths, and the bond 
of any officer from which a bond is required shall be approved by any judge 
of the district court of the district to which such new county is attached 
for judicial purposes. The officers elected or appointed under the provisions 
of this act shall each perform the duties and receive the compensation now 
provided by general law for the office to which he has been appointed or 
elected in the counties of the class to which such new county shall have been 
determined to belong, as herein provided under the general classification of 
counties in this state. 

Said new county, when created and organized in pursuance of the pro- 
visions of this act, shall be attached to such judicial district as may be desig- 
nated by the governor of the state of Montana, in a proclamation to be 
issued by him, designating such new county as attached to the particular 
judicial district for judicial purposes. 

History: En. Sec. 5, C?h. 226, L. 1919; 
re-en. Sec. 4396, R. C. M. 1921. 

16-509. (4396.2) Board of county commissioners to be elected. At the 

special election held for the purpose of voting on the question of the creation 
of a new county, a board of county commissioners shall be elected, who shall 
hold office until the next general election. 
History: En. Sec. 2, Ch. 106, L. 1926. 

16-517. (4404) Publication by posting of notice. Whenever in this act 
publication of any notice is provided for, and no newspaper of general cir- 

141 



16-519 ELECTION LAWS 

culation is published within the territory in which said notice is required to 

be published, notice shall be given by posting copies of such notices in at 

least ten public places in such territories for the same length of time said 

notice was required to be published. 

History: En. Sec. 13. Ch. 226, L. 1919; 
re-en. Sec. 4404, R. C. M. 1921. 

16-519. (4406) Misdemeanor and malfeasance in office. Any member of 

the board of county commissioners, or any other ofificer who unlawfully and 

knowingly violates any of the provisions of this act, or fails or refuses to 

perform any duty imposed upon him hereunder, shall be guilty of a 

misdemeanor and of malfeasance in office, and shall be deprived of his office 

by a decree of a court of competent jurisdiction, after trial and conviction. 

History: En. Sec. 15, Ch. 226, L. 1919; 
re-en. Sec. 4406, R. C. M. 1921. 

16-520. (4407) Repealing and saving clause. All acts and parts of acts 
in conflict herewith are hereby repealed, with the exception : This act shall 
not apply in any cases whereby the election has been held under the act 
passed by the fifteenth legislative session for the creation of counties and a 
majority vote has been cast in favor thereof, but the provisions of this act 
shall be deemed in full force and effect so far as they may affect any pro- 
posed new county now in process of creation, unless said new county can 
comply with the requirements of this act; and it is hereby made the duty 
of the board of county commissioners which may have ordered any election 
in pursuance of existing laws to immediately make an order annulling and 
setting aside all further proceedmgs in relation to such proposed new 
county, including an order to nullify and set aside any election order there- 
tofore made ; provided, if any order is made nullifying and setting aside 
any election as provided in this section, any bond which may have been 
given in pursuance with the provisions of law relating to the costs of 
election for the creation of any proposed new county shall be deemed void, 
and no liability shall be incurred thereunder. 

History: En. Sec. 16, Ch. 226, L. 1919; 
re-en. Sec. 4407, R. C. M. 1921. 

CHAPTER 8 
GENERAL POWERS AND LIMITATIONS UPON COUNTIES 
Section 16 807. Limit of indebtedness. 

16-807. (4447) Limit of indebtedness. No county must become in- 
debted in any manner or for any purpose to an amount, including existing 
indebtedness, in the aggregate exceeding five per centum of the value of the 
taxable property therein, to be ascertained by the last assessment for state 
and county taxes previous to the incurring of such indebtedness, and all 
bonds or obligations in excess of such amount given by or on behalf of such 
county are void. No county must incur any indebtedness or liability for 
any single purpose to an amount exceeding ten thousand dollars without 

142 



I 



COUNTIES 16-1230 



he approval of a majority of the electors thereof voting at an election to 
»e provided by law. 

History: En. Sec. 4196, Pol. 0. 1895; 
e-en. Sec. 2876, Rev. C. 1907; re-en. Sec. 
447, R. C. M. 1921. 

CHAPTER 10 
GENERAL POWERS AND DUTIES Or COUNTY COMMISSIONERS 
Section 16-1003. Elections, powers concerning. 

16-1003. (4465.2) Elections, powers oonceminif. The board of county 
commissioners has jurisdiction and power under such limitations and re- 
strictions as are prescribed by law; 

To establish, abolish and change election precincts, and to appoint judges 
of election, canvass all election returns, declare the result, and issue certifi- 
cates thereof. 

History: En. Subd. 3, Sec. 1, Cb. 100, 
L. 1931. 

CHAPTER 11 
SPECIAL POWERS AND DUTIES OF COUNTY COMMISSIONERS 

Section 16-1156. Board to provide appliances for holding elections and allow expenses. 
16-1157. Issuance of certificates of election as board of canvassers. 

16-1156. (4515) Board to provide appliances for holding elections and 
allow expenses. The board of county commissioners must provide all poll- 
lists, poll-books, blauk returns and certificates, proclamations of elections, 
and other appropriate and necessary appliances for holding all elections in 
the county, and allow reasonable charges therefor, and for the transmission 
and return of the same to the proper oflBcers. 

History: En. Sec. 4280, Pol. C. 1895; 
re-en. Sec. 2939, Rev. C. 1907; re-en. Sec. 

4515, R. 0. M. 1921. Oal. PoL C. Sec. 4064. 

16-1157. (4516) Issuance of certificates of election as board of can- 
vassers. Whenever, as canvassers, the board of county commissioners de- 
clares the result of any election held in the county, certificates must be by 
the clerk of the board issued to all persons elected to a county oflBce or to a 
township or district office therein, and such other certificates must be made 
out and transmitted as required by the title relative to elections. 

History: En. Sec. 4281, Pol. C. 1896; 
re-en. Sec. 2940, Rev. C. 1907; re-en. Sec. 

4516, R. C. M. 1921. Cal. Pol. C. Sec. 4065. 

CHAPTER 12 

COUNTY PRINTING COMMISSION 
Section 16-1230. County commissioners to contract for county printing. 

16-1230. Comity commissioners to contract for county printing. It is 

hereby made the duty of the county commissioners of the several counties 

143 



16-1907 ELECTION LAWS 

of the state of Montana to contract with one (1) newspaper, published at 
least once a Aveek, and of general bona fide and paid circulation with second 
class mailing privileges, published within the county, and having been 
published continuously in such county at least twelve (12) months im- 
mediately preceding the awarding of such contract, to do and perform all 
the ^.'^nting for which said counties may be chargeable, including all legal 
advertising required by law to be made, and all other printed forms re- 
quired for the use of such counties at not more than the prices set by the 
county printing commission. 

History: En. Sec. 6, Ch. 280, L. 1967. 

CHAPTER 19 
COUNTY BUDGET SYSTEM 

Section 16-1907. Emergency expenditures — notice and hearings — objections by tax- 
payers — appeal — notice and hearing dispensed with in extreme 
cases — emergency warrants — tax levy — lapse of appropriations. 

16-1907. (4613.6) Emergency expenditures — notice and hearings — ob- 
jections by taxpayers — appeal — notice and hearing dispensed with in ex- 
treme cases — emergency warrants — tax levy — lapse of appropriations. (1) 

In a public emergenc}^ other than such as are hereinafter specifically 
described, and Avhich 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 
emergency and the estimated amount of money required to meet such 
emergency 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 expendi- 
ture 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. 

(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 how- 
ever, 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 there- 
from to the district court for such county by filing with the clerk of such 
court a verified petition, a copy of which shall theretofore have been 
served upon the county clerk and recorder of said county as the clerk of 

144 



COUNTIES 16-1907 

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 Avhy 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 thereunder, 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 summary 
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 tax- 
able value of the property subject to such levy, as shown by the last com- 
pleted 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 
immediate 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 members 
shall have had reasonable notice, of a resolution stating the facts con- 
stituting 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 aggregate total of 
all expenditures made or liabilities incurred in any fiscal year to meet 
emergencies other than such as are caused by fire, flood, explosion, earth- 
quake, epidemic, riot or insurrection, shall not exceed the sum of two 
hundred thousand dollars ($200,000.00) in counties of classifications 1, 2, 3 
and 4, provided, however, that after July 1, 1963, such emergency expendi- 
tures shall not exceed twenty-five thousand dollars ($25,000.00) ; fifteen 
thousand dollars ($15,000.00) in counties of classifications 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 

145 



16-1907 ELECTION LAWS 

form, inserting in the ballot the amount of the excess proposed to be au- 
thorized 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 incur addi- 
tional liabilities in the amount of $ over and above the sum 

of , to meet an emergency caused by 

n Yes 

D 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) All emergency expenditures shall be made by the issuance of 
emergency warrants drawn against the fund or funds properly chargeable 
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 tlie 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 funding such emer- 
gency 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 im- 
provements in progress of construction, shall lapse at the end of the fiscal 
year; provided that the appropriation accounts shall remain open for a 
period of thirty (30) days thereafter for the payment of claims incurred 
against such appropriations prior to the close of the fiscal year and re- 
maining unpaid. After such period shall have expired, all appropriations 
except as hereinbefore provided, regarding incompleted improvements, 
shall become null and void, and any lawful claim presented thereafter 
against any such appropriation shall be provided for in the next ensuing 
budget. 

History: En. Sec. 6, Ch. 148, L. 1929; Oross-Eeference 

amd. Sec. 2, Ch. 170, L. 1943; amd. Sec. 1, Temporary authority for emergency tax 

Ch. 159, L. 1953; amd. Sec. 1, Ch. 148, L. levy by county commissioners, sec. 84-3805 

1955; amd. Sec. 1, Ch. 194, L. 1963. note. 

146 



COUNTIES 16-2022 



CHAPTER 20 
COUNTY FINANCE— BONDS AND WARRANTS 

Section 16-2021. Petition and election reqaired for bonds issued for other purposes. 

16-2022. Form, contents and proof of petition. 

16-2023. Consideration of petition — CEilling election. 

16-2024. Notice of election — election hours — election officers. 

16-2025. Form of ballots and conduct of election. 

16-2026. Who are entitled to vote. 

16-2027. Percentage of electors required to authorize bond issue. 

16-2028. Canvass ef election returns — resolution for bond issue. 

16-2021. (4630.7) Petition and election required for bonds issued for 
other purposes. County bonds for any other purpose than those enumerated 
in section 16-2013 shall not be issued unless authorized at a duly called 
special or general election at which the question of issuing such bonds was 
submitted to the qualified electors of the county and approved, as provided 
in section 16-2027 ; and no such bond election shall be called unless there has 
been presented to the board of county commissioners a petition, asking that 
such election be held and such question be submitted, signed by not less than 
twenty per centum (20%) of the qualified electors of the county, who are 
taxpayers upon property within the county and whose names appear on 
the last completed assessment roll for state and county taxes. 
History: En. Sec. 7, Ch. 188, L. 1931. 

16-2022. (4630.8) Form, contents and proof of petition. Every petition 
for the calling of an election to vote upon the question of issuing county 
bonds shall plainly and clearly state the purpose or purposes for which the 
proposed bonds are to be issued, and shall contain an estimate of the amount 
necessary to be issued for such purpose or purposes. There may be a sep- 
arate petition for each purpose, dr two (2) or more purposes may be com- 
bined in one (1) petition if each purpose, with an estimate of the amount 
of bonds necessary to be issued therefor, is separately stated in such peti- 
tion. Such petition may consist of one (1) sheet, or of several sheets 
identical in form and fastened together after being circulated and signed 
so as to form a single complete petition before being delivered to the 
county clerk as hereinafter provided. The petition shall give the postoffice 
address and voting precinct of each person signing the same. 

Only persons who are qualified to sign such petitions shall be qualified 
to circulate the same, and there shall be attached to the completed petition 
the affidavit of some person who circulated, or assisted in circulating such 
petition, that he believes the signatures thereon are genuine and that the 
signers knew the contents thereof before signing the same. The completed 
petition shall be filed with the county clerk who shall, within fifteen (15) 
days thereafter, carefully examine the same and the county records show- 
ing tlio (|ualifications of the petitioners, and attach thereto a certificate 
under his official signature and the seal of his office, which certificate shall 
set forth : 

(1) The total number of persons who are registered electors and whose 
names appear upon the last completed assessment roll for state and county 
taxes. 

147 



16-2023 ELECTION LAWS 

(2) AViiich and how many of the persons whose names are subscribed 
to such petition are possessed of all of the qualifications required of signers 
to such petition. 

(3) Whether such qualified signers constitute more or less than twenty 
per centum (20%) of the registered electors whose names appear upon the 
last completed assessment roll for state and county taxes. 

History: En. Sec. 8, Ch. 188, L. 1931. 

16-2023. (4630.9) Consideration of petition — calling election. When 
such petition has been filed with the county clerk and he has found that 
it has a sufficient number of signers, qualified to sign the same, he shall place 
the same before the board of county commissioners at its first meeting held 
after he has attached his certificate thereto. The board shall thereupon 
carefully examine the petition and make such other investigation as it may 
deem necessary. 

If it is found that the petition is in proper form, bears the requisite 
number of signers of qualified petitioners, and is in all other respects suf- 
ficient, the board shall pass and adopt a resolution which shall recite the 
essential facts in regard to the petition and its filing and presentation, the 
purpose, or purposes, for which the bonds are proposed to be issued, and 
fix the exact amount of bonds proposed to be issued for each purpose, which 
amount may be less than but must not exceed the amount set forth in the 
petition, determine the number of years through which such bonds are -to 
be paid, not exceeding the limitations fixed in section 16-2011, and making 
provision for having such question submitted to the qualified electors of the 
county at the next general election, or at a special election which the board 
may call for such purpose. 
History: En. Sec. 9, Ch. 188, L. 1931. 

16-2024. (4630.10) Notice of election — election hours — election officers. 

Whether such election is held at the general election, or at a special election, 
separate notice shall be given thereof. Such notice shall state the date when 
such election will be held, the hours between which the polls will be open, the 
amount of bonds proposed to be issued, the purpose of the issue, the term 
of years through which the bonds are to be paid, and such other informa- 
tion regarding the holding of the election and the bonds proposed to be 
issued as the board may deem proper. If bonds are to be issued for two 
(2) or more purposes, each purpose and the amount therefor must be separ- 
ately stated. Such notice shall be posted in each voting precinct throughout 
the county in the same manner as notices for a general election are required 
to be posted. Such notice must also be published once each week for four 
(4) consecutive weeks preceding the election in the official newspaper of 
the county. 

If the question of issuing bonds is submitted at a special election called 
for such purpose the board of county commissioners shall fix the hours 
through which the polls are to be kept open, which shall be not less than 
eight (8), and which must be stated in the notice of election, and may 
appoint a smaller number of election judges than is required for a general 

148 



COUNTIES 16-2027 

election, but in no case shall there be less than three (3) judges in the pre- 
cinct, and such judges shall act as their own clerks. 

If the question of issuing bonds is submitted at a general election, the 
polls shall be kept open during the same hours as are fixed for such general 
election and the judges and clerks for such general election shall act aS 
the judges and clerks for such bond election. 
History: En. Sec. 10, Ch. 188, L. 1931. 

16-2025. (4630.11) Form of ballots and conduct of election. The form 
of ballots shall be as prescribed by section 16-2306; but if bonds are sought 
to be issued for two (2) or more separate purposes, then separate ballots 
must be provided for each purpose. The election shall be conducted in the 
manner prescribed by said section 16-2306, and the general election laws of 
the state shall govern insofar as they are applicable ; but if such question be 
submitted at a general election the votes thereon must be counted separately 
and separate returns must be made by the judges and clerks at such election. 
History: En. Sec. 11, Ch. 188, L. 1931. 

16-2026. (4630.12) Who are entitled to vote. In all county bond elec- 
tions hereafter held onh^ qualified registered electors residing within the 
county, who are taxpayers upon property therein and whose names appear 
upon the last completed assessment roll for state, county and school district 
taxes, shall have the right to vote. Upon the adoption of the resolution 
calling for the election, the county clerk must cause to be published in the 
official newspaper of the county a notice, signed by him, stating that regis- 
tration for such bond election will close at noon on the fifteenth day prior 
to the date for holding such election and at that time the registration books 
shall be closed for such election. Such notice must be published at least 
ten (10) days prior to the day when such registration books will be closed. 
After the closing of the registration books for such election the county 
clerk shall promptly prepare lists of the registered electors of such voting 
precinct, who are taxpayers upon property within the county and whose 
names appear on the last completed assessment roll for state, county and 
school district taxes, and who are entitled to vote at such election, and 
shall prepare precinct registers for such election, as provided in section 
23-515, and deliver the same to the judges of election prior to the opening 
of the polls. It shall not be necessary to publish or post such list of qualified 

electors. 

History: En. Sec. 12, Ch. 188, L. 1931; 
amd. Sec. 1, Ch. 138, L. 1939; amd. Sec. 
18, Ch. 64, L. 1969. 

16-2027. (4630.13) Percentage of electors required to authorize bond 
issue. Whenever the question of issuing county bonds for any purpose is 
submitted to the qualified electors of a county, at either a general or special 
election, not less than forty per centum (40%) of the qualified electors en- 
titled to vote on such question must vote thereon, otherwise such propo- 
sition shall be deemed to have been rejected; provided, however, that if 
forty per centum (40%), or more of such qualified electors do vote on such 
question, at such election, and a majority of such votes shall be cast m 

149 



16-2028 ELECTION LAWS 

favor of such proposition, then such proposition shall be deemed to have 
been approved and adopted. 
History: En. Sec. 13, Ch. 188, L. 1931. 

16-2028. (4630.14) Canvass of election returns — resolution for bond 
issue. If the bonding election be held at the same time as a general election, 
then the returns shall be canvassed at the same time as the returns from 
such general election; but if the bonding election is a special election, then 
the board of county commissioners shall meet within ten (10) days after 
the date of holding such special election and canvass the returns. If it is 
found that at such election forty per centum (40%) or more, of the 
qualified electors entitled to vote at such election voted on such question, 
and that a majority of such votes were east in favor of the issuing of such 
bonds, the board of county commissioners shall, at a regular or special 
meeting held within thirty (30) days thereafter, pass and adopt a resolu- 
tion providing for the issuance of such bonds. Such resolution shall 
recite the purpose for which such bonds are to be issued, the amount 
thereof, the maximum rate of interest the bonds may bear, the date they 
shall bear, the period of time through which they shall be payable, the 
optional provisions, if any; and provide for the manner of the execution 
of the same. It shall provide that preference shall be given amortization 
bonds but shall fix the denomination of serial bonds in case it shall be 
found advantageous to issue bonds in that form, and shall adopt a form 
of notice of the sale of the bonds. 

The board may, in its discretion, provide that such bonds may be 
issued and sold in two or more series or installments. 

Provided, however, that if none of said bonds have been sold and 
issued within three years from the date of the bonding election, and no 
vested rights have accrued thereunder, the board of county commissioners 
may rescind the authority to sell and issue such bonds by the passage 
and adoption of a resolution wherein is recited the reason for such rescis- 
sion of authority. 

History: En. Sec. 14, Ch. 188, L. 1931; 
amd. Sec. 1, Ch. 210, L. 1961. 

CHAPTER 23 

VOTE NECESSARY ON PROPOSAL TO RAISE MONEY 

Section 16-2301. Commissioners not to borrow money except as herein provided. 

16-2302. Commissioners to determine amoont necessary. 

16-2303. Notice of election to be given. 

16-2304. Ballots — what to contain. 

16-2305. When loan may be made. 

16-2306. Form of ballots — voting. 

16-2301. (4717) Commissioners not to borrow money except as herein 
provided. The board of county commissioners must not borrow money for 
any of the purposes mentioned in this title, or for any single purpose to an 
amount exceeding ten thousand dollars, without the approval of a majority 
of the electors of the county, and without first having submitted the ques- 

150 



COUNTIES 16-2306 



tion of a loan to a vote of such electors; provided, that it shall not be 

necessary to submit to the electors the question of borrowing money to 

refund outstanding bonds, or for the purpose of enabling any county to 

liquidate its indebtedness to another county incident to the creation of a 

new county or the change of any county boundary lines. 

History: En. Sec. 4270, Pol. C. 1895; 1, CTh. 92, L. 1919; re-en. Sec. 4717, R. C. 
re-en. Sec. 2933, Rev. C. 1907; amd. Sec. M. 1921. 

16-2302. (4718) Commissioners to determine amount necessary. When- 
ever it is necessary to submit to a vote of the electors of the county the 
question of making a loan, the board must first determine the amount 
necessary to be raised. 

History: En. Sec. 4271, Pol. C. 1895; 
re-en. Sec 2934, Rev. C. 1907; re-en. Sec. 

4718, R. C. M. 1921. 

16-2303. (4719) Notice of election to be given. Notice of the election, 
clearly stating the amount to be raised and the object of the loan, must be 
given, and the election held and conducted, and the returns made in all 
respects in the manner prescribed by law in regard to the submission of ques- 
tions to the electors of a locality under the general election law. 

History: En. Sec. 4272, Pol. C. 1896; 
re-en. Sec. 2935, Rev. C, 1907; re-en. Sec. 

4719, R. C. M. 1921. 

16-2304. (4720) Ballots— what to contain. There must be written or 

printed on the ballots the words "For the loan" and "Against the loan," and 

in voting the elector must vote for the proposition he prefers by making an 

X opposite the proposition. 

History: En. Sec. 4273, Pol. C. 1895; 
re-«n. Sec. 2936, Rev. C. 1907; re-en. Sec. 

4720, R. C. M. 1921. 

16-2305. (4721) When loan may be made. If a majority of the votes 

cast are in favor of the loan, then the board may make the loan, issuing 

bonds, or otherwise, as may seem best for the interests of the county. 

History: En. Sec. 4274, Pol. C. 1895; 
re-en. Sec. 2937, Rev. C. 1907; re-en. Sec. 

4721, R. C. M. 1921. 

16-2306. (4722) Form of ballots — voting-. Hereafter whenever, in due 
«ourse of law, in the manner and form required by law and according to the 
provisions and requirements of law, any question or proposition of or 
relating to bonded indebtedness, or of issuing bonds or of refunding, in- 
creasing, or creating a bonded indebtedness is submitted, ordered submitted, 
or to be submitted to the electors of any county, at a general or other 
election, when, at the same time, candidates for national, state, or county 
office or oflBces are to be voted upon or for by the qualified electors of 
such county, such question or proposition relating to bonds or bonded 
indebtedness shall not be placed or printed upon the official ballots fur- 
nished electors at such election for the purpose of voting for candidates 

151 



16-2306 ELECTION LAWS 



for any office or offices, and containing the names of candidates for office 
or offices to be voted for at such election, but the county commissioners 
shall authorize, and the county clerk shall have printed and furnished to 
election judges and officials in each voting precinct of such county, separate 
ballots therefor, equal in number to the official ballots so furnished, and 
containing the names of such candidates for office. Said separate ballots 
shall be white in color and of convenient size, being only large enough to 
contain the printing herein required to be done and placed thereon, and 
shall have printed thereon in fair-sized, legible type and black ink, in 
one line or more, as required, the words "For" said bonding proposition 
(stating it and the terms thereof explicitly and at length), and there- 
under the words "Against" said bonding proposition (stating it and the 
terms thereof explicitly and at length in like manner, as above) ; and 
there shall be before the word "For" and before the word "Against," 
each, a square space of sufficient size to place a plain cross or X therein, 
and such arrangement shall be in this manner : 



D 



For (stating propositions.) 



D 



Against (stating propositions.) 



Such separate ballots shall be kept, stamped, given out, received, 
counted, returned, and disposed of by election judges in like manner as 
other official ballots herein referred to. Each qualified elector offering to 
vote and permitted to vote shall, at the time he is offered by the election 
judges an official ballot bearing the names of candidates for office, be 
handed one of the separate ballots above described, and he may then and 
there, in a booth as provided by law, and not otherwise, vote on such 
separate ballot for or against said proposition by placing a cross or X 
before the word "For" or the word "Against," in the vacant square 
provided therefor; and such separate ballot shall be returned to the 
election judges by the voter, with said other official ballot, if the voter 
chooses to vote for candidates for office and is entitled to do so. The 
election judges shall deposit said separate ballot on the bonding propo- 
sition, separate from the voter's other official ballot, in the ballot-box. 

History: En- Sec. 1, p. 13, L. 1901; 
r«-«ii. Sec. 2938, Rev. C. 1907; re-en. Sec. 
4722, B. C. M. 1921. 

CHAPTER 24 

COUNTY OFFICERS— QUALIFICATIONS— GENERAL PROVISIONS 

Section 16-2401. General qualifications for county office. 

16-2402. Same for district and township offices. 

16-2403. County officers enumerated. 

16-2404. Township officers. 

16-2406. County and other officers, when elected and term of office. 

16-2407. Election and terms of county commissioners. 

16-2408. District judges and justices of the peace — election and term of office. 

152 



COUNTIES 16-2406 



16-2401. (4723) General qualifications far county office. No person is 

eligible to a county office who at the time of his election is not of the age of 

twenty-one years, a citizen of the state, and an elector of the county in 

which the duties of the office are to be exercised, or for which he is elected. 

History: En. Sec. 4310, Pol. C. 1895; 
re-en. Sec. 2965, Rev, C. 1907; re-en. Sec. 

4723, R. C. M. 1921. Cal. Pol. C. Sec. 4101. 

16-2402. (4724) Same for district and township offices. No person is 

eligible to a district or township office who is not of the age of twenty-one 

years, a citizen of the state, and an elector of the district or township in 

which the duties of the office are to be exercised, or for which he is elected. 

History: En. Sec. 4311, Pol. C. 1895; 
ro-«n. Sec. 2966, Rev. C. 1907; re-en. Sec. 

4724, R. C. M. 1921. CaL Pol. C. Sec. 4102. 

16-2403. (4725) Comity officers enumerated. The officers of a county 

are: 

A treasurer; 

A county clerk ; 

A clerk of the district court; 

A sheriff; 

A county auditor, except in the sixth, seventh, and eighth class counties ; 

A county attorney; 

A surveyor; 

A coroner; 

A public administrator; 

An assessor; 

A county superintendent of common schools; 

A board of county commissioners. 

History: En. Sec. 4312, Pol. C. 1895; Ch. 112, L. 1913; re-en. Sec. 4725, R. C. M. 
re-en. Sec. 2967, Rev. C. 1907; amd. Sec. 1, 1921. Cal. Pol. C. Sec. 4103. 

16-2404. (4726) Township officers. The officers of townships are two 

justices of the peace, two constables, and such other inferior and subordinate 

officers as are provided for elsewhere in this code, or by the board of county 

commissioners. 

History: En. Sec. 4313, Pol. C. 1895; 
re-en. Sec. 2958, Rev. C. 1907; re-en. Sec. 
4726, R. C. M. 1921. Cal. Pol. 0. Sec. 4104. 

16-2406. (4728) County and other officers, when elected and term of 
office. There shall be elected in each county the following county officers 
who shall possess the qualifications for sufferage prescribed by the constitu- 
tion of the state of Montana, and such other qualifications as may be pre- 
scribed by law: 

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

153 



16-2407 ELECTION LAWS 

respective oflSces for the term of four (4) years, and until their successors 
are elected and qualified. 

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

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

History: En. Sec. 4315, PoL C. 1895; 4728, R. C. M. 1921; amd. Sec. 1, Oh. 134, 
re-en. Sec. 2960, Rev. C. 1907; re-en. Sec. L. 1939. Cal. Pol. C. Sec. 4109. 

16-2407. (4729) Election and terms of county commissioners. The elec- 
tion and terms of office of county commissioners are provided for in the 
constitution. 

History: En. Sec. 4316, PoL C. 1895; 
re-en. Sec. 2961, Rev. C. 1907; re-en. Sec. 

4729, R. C. M. 1921. 

16-2408. (4730) District judges and justices of the peace — election and 
term of office. The election and terms of office of district judges and jus- 
tices of the peace are provided for in title 93 of this code. 

History: En. Sec. 4317, Pol. C. 1895; 
r^en. Sec. 2962, Rev. C. 1907; re-en. Sec. 

4730, R. C. M. 1921. CaL Pol. C. Sec. 4110. 

CHAPTER 39 

COUNTY MANAGER FORM OF GOVERNMENT 

Section 16-3901. County manager plan of government may be adopted. 
16-3902. Method of adoption. 
16-3923. The recall of county commissioners. 

16-3901. (4954.1) County manager plan of government may be adopted. 

Any county in the state is hereby authorized to adopt a county manager form 
of government as herein defined, and in accordance with the procedure 
herein specified. 

History: En. Sec. 1, Oh. 109, L. 1931. 

154 



COUNTIES 16-3923 

16-3902. (4954.2) Method of adoption, (a) Upon a petition filed with 
the board of county commissioners signed by not less than 20 per cent of 
the whole number of voters who voted at the last general election asking 
that a referendum be held on the question of adopting the county manager 
form of government, it shall be the duty of the board of county commis- 
sioners to submit the question at the next regular election or call a special 
election for the purpose. If a special election is called it shall be held not 
more than ninety days nor less than sixty days from the filiug of the peti- 
tion, but not within thirty days of any general election. The question sub- 
mitted shall be worded: "Shall the county manager form of government be 
adopted in county ?" 

(b) It shall be the duty of the board of county commissioners to publish 
a notice of the referendum in a daily paper twice a week for a period of 
three consecutive weeks, or in case there is no daily paper of wide circula- 
tion in the county, then in a weekly paper for four consecutive weeks. 

(c) If a majority of the votes cast on the question at the election shall 

be in favor of the county manager form of government it shall go into 

effect at a date designated in the petition or resolution. Provided : That 

no elected official then in office, whose position will no longer be filled 

by popular election, shall be retired prior to the expiration of his term of 

office, but that from and after the establishment of such form of govern- 

ni(Mit, liis duties shall be snch duties as are assigned to him by the county 

manager. 

History: En. Sec. 2, Ch. 109, L. 1931; 
amd. Sec. 1, Ch. 56, L. 1933. 

16-3923. (4954.23) The recall of county commissioners. (1) One or 
more county commissioners may be removed by the electors qualified to vote 
for a successor of such incumbent. A petition of fifty-one per cent of all 
qualified electors registered for the last general election, demanding the 
election of a successor to the person sought to be removed, shall be filed with 
the director of finance of the county, which petition shall contain a general 
statement of the grounds for which the removal is sought. The signatures 
to the petition need not be appended to one paper, but each signer shall 
add to his signature, his place of residence ; one of the signers shall make 
oath before an officer, competent to administer oaths, that the statements 
therein are true, as he believes and that each signature to the paper ap- 
pended is the genuine signature of the person it purports to be. 

(2) On the filing of a sufficient petition, the director of finance shall 
order and fix a date for holding said election, not less than seventy days nor 
more than eighty days from the date of filing of such petition. The director 
of finance shall cause to be made publication of notice and all arrangements 
for holding of such election and the same shall be conducted and returned 
and the results thereof declared, in all respects and in the same manner as 
any other election. Nominations hereunder shall be made by filing with the 
director of finance, at least thirty days prior to such special election, a 
statement of candidacy, accompanied by a petition signed by electors en- 
titled to vote at such special election, equal in number to at least ten per 

155 



16-4001 ELECTION LAWS 

ceut of the entire number of persons registered to vote at the last preceding 
general election. 

(3) The ballot for such special election shall be in substantially the 
following form : 

"OFFICIAL BALLOT 
Special election for the balance of the unexpired term of 

for 

(Vote for one only) 
(Name of candidate) 
(Name of present incumbent) 
(Official ballot attest) 

Signature 

Director of finance." 
The successor of any officer so removed shall hold office during the un- 
expired term of his predecessor. 

(4) Any person sought to be removed may be a candidate to succeed 
himself and unless he requests otherwise in writing, the director of finance 
shall place his name on the official ballot without nomination. In case of 
any such removal election, the candidate or candidates receiving the highest 
number of votes shall be declared elected. If the incumbent is not re-elected, 
he thereupon shall be deemed removed from the office, upon the qualification 
of his successor. If the incumbent receives the highest number of votes, or in 
case of a removal election for more than one commissioner, he or they 
receiving a sufficient number of votes so that his or their vote is the highest 
number for said office or offices of commissioner, he or they shall continue in 
office. The said method of removal shall be cumulative and additional to 
the methods herein provided by law. 

History: En. Sec. 7, Ch. 56, L. 1933. 

CHAPTER 40 

ABANDONMENT OF COUNTIES 

Section 16-4001. Abandonment of counties — how. 

16-4002. Petition for abandonment of counties — procedure thereon. 

16-4003. County commissioners to order election — notice — publication. 

16-4004. Commissioners to determine sufficiency of petition — form of resolution. 

16-4005. Governor to call special election — proclamation. 

16-4006. County commissioners to proclaim election — question submitted. 

16-4007. Question to be submitted. 

16-4008. Commissioners to canvass returns^governor to proclaim result. 

16-4009. Result of election determines abandonment. 

16-4001. Abandonment of counties — how. The organization and corpo- 
rate existence of any county organized under the laws of this state may be 
abandoned and abolished and the territory within its boundaries attached 
to and made a part of some adjoining county in the manner provided by 
this act. 

History: En. Sec. 1, Ch. 105, L. 1937. 

16-4002. Petition for abandonment of counties — procedure thereon. 

(1) A petition may be filed with the county clerk of a county, asking that 

156 



COUNTIES 16-4003 

tbe question of abandouing and abolishing the organization and corporate 
existence of such county and attaching its territory to and making the same 
a part of some adjoining county, be submitted to the qualified electors of 
such county at an election. Such petition shall state the name of the adjoin- 
ing county to which the territory of such county, so to be abandoned and 
abolished, shall be attached and made a part; such petition shall be signed 
by not less than thirty-five per centum (35%) of the qualified electors of 
the county whose names appear upon the registration records of such county, 
shall contain the post office address and voting precinct of each person sign- 
ing the same, and shall state the name and address of three persons to 
whom notice of the insufficiency of the petition shall be sent in the event 
that the petition shall not have the required number of signatures of qualified 
electors signed thereto. 

(2) It shall be the duty of the county clerk, within thirty days after 
the filing of such petition to examine the same, to ascertain and determine 
from the registration records of the county whether such petition is signed 
by the required number of qualified electors. Such clerk may be authorized 
by the board of county commissioners to employ additional help in his office 
to assist him in the work of examining such petition and such board shall 
provide for their compensation. When such examination is completed said 
clerk shall forthwith attach to such petition his certificate, properly dated 
and signed, showing the result of his examination, and if said certificate 
shows that said petition is signed by the required number of qualified elec- 
tors, said clerk shall immediately present said petition to the board of county 
commissioners, if such board be then in session, otherwise at its first regular 
meeting after the date of such certificate. No person, after signing any such 
petition shall be allowed or permitted to withdraw his signature or name 
therefrom. 

History: En. Sec. 2, Ch. 105, L. 1937. 

16-4003. County commissioners to order election — ^notice — publication. 

(1) Whenever any such petition is presented to the board of county com- 
missioners of a county with a certificate of the county clerk attached there- 
to, showing that said petition has been signed by not less than thirty-five per 
centum (35%) of the qualified electors of such county whose names appear 
upon the registration records of said county, as provided in section 16-4002, 
said board of county commissioners shall immediately upon presentation of 
such petition, make and enter an order in its minutes fixing a day for con- 
sidering and taking final action on said petition, which shall be not less 
than thirty (30) nor more than thirty-five (35) days after the date when said 
order is made, and shall cause a notice to be published in the official news- 
paper of the county to the effect that such petition has been presented to 
such board asking for the abandonment and abolishment of the county and 
that said board will meet at the time specified in said order for considering 
and taking final action on said petition, at which time any and all registered 
electors of the county interested therein may appear and be heard thereon. 
Such notice shall be published once a week for two (2) successive weeks im- 
mediately following the making of such order. 

157 



16-4004 ELECTION LAWS 

(2) At any time prior to five (5) days before the date fixed for con- 
sideration and final action on such petition fifty per centum (50%) of the 
registered electors residing within a particular part or portion of such 
county, may file with the county clerk of such county a petition in writing 
signed by them praying that the part or portion of such county within 
which such petitioners reside shall not be attached to the county designated 
in the petition for abandonment but shall be attached to some other adjoining 
county, which petition shall definitely, particularly and accurately describe 
the boundaries of such part or portion of said county which said petitioners 
desire to be attached to such other adjoining county and shall specify and 
name such other adjoining county to which such part or portion is to be 
attached if said county is abandoned and abolished. 

(3) Whenever any such petition is filed the county clerk shall im- 
mediately examine the same and determine from the registration records of 
the county whether such petition has been signed by the required number of 
I'egistered electors and shall attach thereto his certificate showing the total 
number of registered electors residing within the boundaries described in 
said petition and the number thereof whose names appear on said petition, 
and shall deliver such petition with such certificate attached, to the board 
of county commissioners when such board meets to consider and take final 
action on such petition for abandonment, separate and independent petitions 
may be filed by registered electors residing within the boundaries of sep- 
arate and distinct and different parts or portions of such county, praying 
that the territory embraced within the boundaries described therein may be 
attached to and become parts of the same, or different adjoining counties, 
other than the county named and designated in the petition for abandon- 
ment, if said county is abandoned. No person after signing any such peti- 
tion shall be allowed or permitted to withdraw his signature or name there- 
from. 

History: En. Sec. 3, Ch. 105, L. 1937. 

16-4004. Commissioners to determine sufficiency of petition — form of 
resolution. On the day fixed by the board for consideration and final action 
on such petition for abandonment the board shall meet and examine and 
consider all petitions which may have been filed praying that particular 
parts or portions of said county, if abandoned, be attached to an adjoining 
county or counties, other than the county named in such petition for aban- 
donment, and shall determine the sufficiency of each such petition filed, and 
shall enter its findings with regard thereto in its minutes, and said board 
shall thereupon adopt a resolution, which shall be in writing and also entered 
in full in its minutes, and which shall be in substantially the following form: 

Whereas, there has been filed with the clerk of (name) county, Montana, 
a petition asking that the organization and corporate existence of said county 
be abandoned and abolished and its territory attached to and made a part 
of an adjoining county, to wit, the county of (name) Montana; 

And whereas, said petition has been presented to the board of county 
commissioners of (name) county, with a certificate of the clerk of said 
county attached thereto showing that said petition has been signed by not 

158 



COUNTIES 16-4005 

less than thirty-five per centum (35%) of the registered electors of said 
county ; 

(If any petition for attaching any part or portion of the county, in case 
of abandonment to an adjoining county or counties, other than the county 
named in the petition for abandonment, and found to have been signed by 
the required number of registered electors, insert the following for each 
petition) 

And whereas, there has been filed a petition signed by not less than fifty 
per centum (50%) of the registered electors residing within that part or 
portion of said county described as (give description as contained in peti- 
tion) praying that the part or portion of said county within such bound- 
aries be attached to and made a part of the county of (name of county given 
in petition) if said county be abandoned; 

Now therefore be it resolved, that if said (name) county shall be aban- 
doned and abolished the territory embraced within its boundaries shall 
be attached to and become part of the following. (If all to be attached to 
one adjoining county so state, but if parts or portions to any other county 
or counties, then describe the part or portion to go to each adjoining county 
as well as to the county named in the petition for abandonment.) 

And be it further resolved, that the county clerk of (name) county, Mon- 
tana, make copies of this resolution, each with a copy of said petition for 
abandonment, with the signatures omitted therefrom (and copies of petitions 
for attaching parts or portions of said county to adjoining county or coun- 
ties, other than the county named in the petition for abandonment, if any 
were filed and found sufficient, with signatures omitted) and certify to the 
same and affix the seal of the county thereto, and transmit one of said 
copies to the governor of the state of Montana, and one of said copies to the 
clerk of each county to which any part of said county is to be attached, if 
abandoned. 

Said resolution must be signed by the members of the board of county 
commissioners and the county clerk must, within five (5) days thereafter, 
make the certified copies of said resolution, with copy of petition or petitions 
attached, and transmit one copy to the governor of the state of Montana and 
one copy to the county clerk of each county to which any part or portion of 
said county is to be attached, if abandoned. 
History: En. Sec. 4, Ch. 105, L. 1937. 

16-4005. Governor to call special election — proclamation. Upon receipt 
of a certified copy of the resolution provided for in section 16-4004, 
the governor shall, witliin ten days thereafter, issue his proclamation call- 
ing a special election in the county in which the petition referred to 
in said resolution was filed, and in each county designated in such resolu- 
tion as a county to which any of the territory of such county, if abandoned 
and abolished, shall be attached and made a part, at which election there 
shall be submitted to the qualified electors of the county in which such peti- 
tion was filed the question of whether or not such county shall be abandoned 
and abolished and its territory attached to and made a part of the county 
designated and named for such purpose in said petition, and at which elec- 

159 



16-4006 ELECTION LAWS 



tion there shall be submitted to the qualified electors of each county named 
and designated in such resolution as a county to which a part of the territory 
of the county, proposed to be abandoned and abolished, shall be attached and 
made a part, if such county shall be so abandoned and abolished, the ques- 
tion of whether or not such part of the territory of such county, if abandoned 
and abolished, described in such resolution, shall be attached to and become 
a part of such count}'. Such proclamation shall fix a day for holding such 
election in such counties, which shall be not less than ninety days nor more 
than one hundred and twenty days after the date of the date of the gover- 
nor's proclamation calling the same ; provided that if a general election will 
be held in said counties within one hundred and twenty days after the date 
of such proclamation, the governor, in such proclamation, shall direct that 
such question be submitted to the qualified electors of said counties at such 
general election. Such proclamation shall be filed in the office of the secre- 
tary of state and copies thereof shall be transmitted by the governor to the 
county clerk of each of the counties in which such election is to be held. 
History: En. Sec. 5, Ch. 105, L. 1937. 

16-4006. County commissioners to proclaim election — question sub- 
mitted. The county clerk of each of such counties after receiving a copy of 
such election proclamation shall present the same to the board of county 
commissioners, if such board is then in session, and if not in session, then at 
the first meeting thereof held after such clerk has received the same, and 
the board of county commissioners of each of such counties shall issue such 
proclamations and give such notices of election as are required by the gen- 
eral laws of this state when questions are to be submitted to the qualified 
electors of a county at an election and which proclamation and notices shall 
include a description of the boundaries of that part of the county proposed 
to be abandoned and to be attached to and made a part of such county, if 
said county be abandoned, and the county clerk of each of such counties 
shall give notice of the closing of the registration books and shall cause the 
same to be closed at the time and in the manner provided by the general 
registration and election laws of this state. 
History: En. Sec. 6, Ch. 105, L. 1937. 

16-4007. Question to be submitted. At such election the question to be 
submitted to the qualified electors of the county in which said petition was 
filed shall be as follows: 

□ For the abandonment and abolishment of the county of (name) and 
attaching the territory within its boundaries to and making the same a part 
of the county or counties of (name). 

□ Against the abondonment and abolishment of the county of (name) 
and attaching the territory within its boundaries to and making the same 
a part of the county or counties of (name). 

And the question to be submitted to the qualified electors of the counties, 
designated in the resolution as the county or counties to which the territory 
of the county proposed to be abandoned and abolished, is to be attached and 
made a part, shall be as follows: 

160 



COUNTIES 16-4009 

□ For attaehing to and making a part of the county of (name) a part 
of the territory within the boundaries of the county of (name) if the same is 
abandoned and abolished. 

□ Against attaching to and making a part of the county of (name) a 
part of the territory within the boundaries of the county of (name) if the 
same is abandoned and abolished. 

Said election shall be held, voted, counted and returns made and can- 
vassed in the manner provided by the general election laws of this state. 
History: En. Sec. 7. Ch. 105, L. 1937. 

16-4008. CommissioTiers to canvass returns — governor to proclaim result. 
The board of county commissioners of each county, acting as a canvassing 
board, must within ten (10) days after the holding of such election canvass 
the returns of such election, and within five (5) days thereafter the clerk of 
each such county must make and enter in the records of said board a state- 
ment of the vote in such county and transmit to the secretary of state, by 
registered mail, an abstract thereof, which shall be marked "Election Re- 
turns." Within ten (10) days after receiving such abstracts from all coun- 
ties in which such election was held, and on notice from the secretary of 
state, the board of state canvassers shall meet and canvass, compute and de- 
termine the vote, and the secretary of state, as secretary of such board must 
make and file in his office a statement thereof and transmit a copy thereof 
to the governor. Upon receipt of such copy the governor shall issue a procla- 
mation declaring the result of such election and shall file a copy of such 
proclamation in the office of the secretary of state and transmit a copy of 
such proclamation to the county clerk of each of the counties in which such 
election was held, and each such county clerk shall file the same in his office 
and present the same to the board of county commissioners of his county, 
if such board is then in session, otherwise at the first meeting of the board 
after the same has been received by such clerk. 
History: En. Sec. 8, Ch. 105, L. 1937. 

16-4009. Result of election determines abandonment. If, at such elec- 
tion a majority of the votes cast in the county in which such petition was 
filed shall be cast in favor of the abandonment and abolishment of such 
county, and a majority of the votes cast in the county, designated in the 
petition for abandonment as the county to which the territory of the aban- 
doned county shall be attached, shall be in favor thereof, then the organ- 
ization and political and corporate existence of the county in which such 
petition for abondonment was filed shall cease and terminate and said county 
shall be abandoned and abolished and disincorporated and cease to exist and 
its territory shall be attached to and become a part of the counties desig- 
nated in the resolution adopted under section 16-4004, and the term of 
office of each of the officers thereof, and of the members of the board of 
county commissioners thereof, and of its senator and representative in the 
legislative assembly shall cease and terminate at twelve (12:00) o'clock mid- 
night on the thirtieth day of June immediately following ; provided that if 
at any such election a majority of the votes cast in any adjoining county 
named in the resolution adopted under section 16-4004, other than the county 

161 



16-4301 ELECTION LAWS 



designated in the petition for abandonment as the county to which the terri- 
tory of the abandoned county shall attach, shall be against the attaching of 
any portion of the territory of the abandoned county to such adjoining 
county, then such portion of such territory described in said resolution shall 
be attached and become a part of the county designated in such resolution 
for abandonment as the county to which the territory of the abandoned 
county shall attach. 
History: En. Sec. 9, Ch. 106, L. 1937. 

CHAPTER 43 
PUBLIC HOSPITAL DISTRICTS 

Section 16-4301. Purpose of act — allowable territory embraced within public hospital 
district. 

16-4302. Petition to board of county commissionera. 

16-4303. Hearing. 

16-4304. Reference of creation of district at election. 

16-4305. Resolution and order of board as respects election. 

16-4306. Favorable vote — commissioners finally to organize district. 

16-4307, Government of district — appointment, election and terms of trustees. 



16-4301. Purpose of act — allowable territory embraced within public 
hospital district. The purpose of this act is to authorize the establishment 
of public hospital districts which shall have power to supply hospital fa- 
cilities and services to residents of such districts, and as herein authorized, 
to others. A public hospital district may contain the entire territory em- 
braced within a county or any portion or subdivision thereof. 

HLstory: En. Sec. 1, Ch. 155, L. 1953; 
amd. Sec. 1, Ch. 257, L. 1969. 



16-4302. Petition to board of county commissioners. Proceedings for 
creation of a hospital district shall be initiated by a petition, signed by not 
less than thirty per centum (30%) of the qualified electors of the proposed 
hospital district, who are taxpayers upon pi-operty within the proposed 
hospital district and whose names appear on the last completed assessment 
roll for state and county taxes. The [)etition may consist of one (1) sheet 
or several sheets identical in form and fastened together after being 
circulated and signed so as to form a single, complete petition before being 
delivered to the county clerk. Tlie petition shall give tlie post-office address 
and voting precinct of each petitioner. Only persons who are qualified to 
sign such petitions shall be qualified to circulate the same, and there 
shall be attached to the complete petition the affidavit of some person 
who circulated or assisted in circulating the petition, that he believes the 
signatures thereon are genuine and the signers knew the contents thereof 
before signing the same. The complete petition, addressed to the board 
of county commissioners of the county in which the proposed district is 
situated, shall be filed with the county clerk, who shall within fifteen (15) 
days thereafter, carefully examine tlie same and the county records showing 
the qualifications of the petitioners, and attach it to a certificate under 

162 



COUNTIES 16-4304 

his official sifinature and Die seal of liis office, wliicli certificate shall set 
forth : 

(1) The total imniber of persons wlio are registered electors within 
the proposed hospital district and whose names appear u{)on the last com- 
pleted assessment roll for state and county taxes. 

(2) "Which and how many of the persons whose names are subscribed 
to such petition are possessed of all of the qualifications required of signers 
to such petition. 

(3) Whether such qualified signers constitute more or less than thirty 
per cent (30%) of the registered electors of the proposed hospital district 
who are taxpayers upon property thereon and Avhose names appear on the 
last completed assessment roll for state and county taxes. The county clerk 
shall present the petition and his certificate to the board of county com- 
missioners at its first meeting held after he has attached his certificate. 
The board shall thereupon carefully examine the petition and, if it is 
found that the petition is in proper form and bears the requisite number 
of signatures of qualified petitioners, the board shall by resolution call a 
hearing on the creation of such hospital district. A notice of such hearing 
shall be published in a newspaper having general circulation in the terri- 
tory within the boundaries of the proposed hospital district, once each 
week for at least two (2) weeks, the last publication to be at least two (2) 
weeks before the hearing. If there is no newspaper having general circula- 
tion within the boundaries of the proposed hospital district, the notice of 
hearing shall be posted in at least three (3) public places Avithin the 
boundaries of the proposed district for two (2) weeks before the hearing. 
The notice shall state the time, date, place and purpose of the hearing, 
describe the boundaries of the proposed hospital district, and state that 
any person residing in or owning property within the proposed hospital 
district may appear in support of or in opposition to the petition at such 
hearing. 

History: En. Sec. 2, Ch. 155, L. 1953; 
amd. Sec. 2, Ch. 257, L. 1969. 

16-4303. Hearing. At the time fixed for said hearing, the board shall 

hear all competent and relevant testimony offered in support of or in 

opposition to said petition and the creation of .such district. Said hearing 

may be adjourned from time to time for the determination of said facts, 

or hearing petitioners or objectors, without additional published or posted 

notice, but no adjournment shall exceed two (2) weeks in all from and 

after the date originally noticed and published for the hearing. 

History: En, Sec. 3, Ch. 155, L. 1953; 
amd. Sec. 3, Ch, 257, L. 1969. 

16-4304. Reference of creation of district at election. The board of 
county commissioners, upon completion of the hearing hereinabove pro- 
vided for, shall thereupon proceed by resolution to refer the question of the 
creation of such district to the persons qualified to vote on such proposition. 

163 



16-1305 ELECTION LAWS 



Said boainl, in its resolution of reference, may make such changes in the 
boundaries of the proposed district as it may deem advisable, without, how- 
ever, including any additional lands in)t described in the petition, and it 
shall call an election, upon the question of the creation of the district. 

History: En. Sec. 4, Ch. 155, L. 1953; 
amd. Sec. 4, Ch. 257, L. 1969. 

16-4305. Resolution and order of board as respects election. The board 
must, in its resolution, designate whether a special election shall be held, 
or whether the matter shall be determined at the next general election. 
If a special election is ordered, the board must, in its order, specify the 
date for such election, the voting places, and shall appoint and designate 
judges and clerks therefor. The election shall be held in all respects as 
nearly as practicable in conformity with the general election laws; pro- 
vided that if a special election is held the polls shall be open from 8 a. m. 
to 6 p. m., on the day appointed for such election. At such election, the 
ballots must contain the words "Hospital District, Yes" and "Hospital 
District, No." The judges of the election shall certify to the board of 
county commissioners the results of said election. No person shall be quali- 
fied to vote at such election who has not attained legal age, who is not an 
owner of property within the boundaries of said district as defined by the 
board, and whose name does not appear on the last completed assessment 
roll of the county. Only qualified, registered electors residing within 
the proposed hospital district, who are taxpayers upon property therein 
and whose names appear on the last completed assessment roll for state 
and county taxes shall have the right to vote on the question of the 
creation of the hospital district. 

History: En. Sec. 5, Ch. 155, L. 1953; 
amd. Sec. 5, Ch. 257, L. 1969. 

16-4306. Favorable vote — commissioners finally to organize district. In 
the event that a majority of the votes cast are in favor of the creation 
and establishment of said hospital district, the board of county commis- 
sioners shall, within ten (10) days after the election, by resolution certify 
such result, and proceed with the organization of such district as herein 
specified. After twenty (20) days from the passage of such resolution, 
the validit}^ of the creation of such hospital district and the regularity 
of all proceedings preliminary thereto, shall not be questioned or asserted 
in any legal action. 

History: En. Sec. 6, Ch. 155, L. 1953; 
amd. Sec. 6, Ch. 257, L. 1969. 

16-4307. Government of district — appointment, election and terms of 
trustees. Said hospital district shall be governed and managed by a board 
of three (3) trustees, elected by the registered electors residing in the dis- 
trict. The trustees must be elected from among the registered electors 
qualified to vote at general elections within said district. The first 
board of trustees shall be elected at the same election held upon the crca- 

164 



COUNTIES 16-4307 



tion of tlie district, subject to tlie creation thereof, shall qualify upon the 
ororanization of the district, if created, and the trustees juay be nominated 
and have their names appear upon the ballots upon the filing with the 
board of county commissioners of a petition signed by nuy five (5) quali- 
fied electors of the district. Any elector may sign as many nominating 
petitions as there are persons to be elected. The trustees elected for the 
first board shall serve for terms commencing upon their being elected and 
qualified and termiiuiting one (11 two (2) and three (3) years respec- 
tively, from the first Monday in May following their election, and until 
their respective successors shall be elected and qualify. Annually there- 
after there shall be elected a trustee to serve for a term of three (3) years 
and until his successor shall be elected and qualify and such term of three 
(3) years shall commence on the first Monday in May following the said 
trustee's election. All elections and nominations for election of trustees 
thereafter, shall be conducted by said qualified voters in the same manner 
as provided by the laws of the state of Montana for the election of school 
trustees of a second or third class school district, provided that wherever 
in the said laws of the state of Montana it is provided that certain action 
shall be performed or filings made with the clerk of the school board, 
the trustees or the board of trustees of the school district or the county 
superintendent of schools, the same shall, for the purposes of this act, be 
taken to refer to the clerk of tlie board of trustees of the public hosj:)ita] 
district, the trustees or the board of trustees of the i)ublic hosj)ita] dis- 
trict or the county clerk, respectively. The trustees at their first meeting 
shall adopt bylaws for the government and management of the district, 
and shall appoint a (jualified ])ersoii to serve as clerk of the said boaril, 
who may or may not be one of their number. The trustees shall serve 
without pay. A vacancy upon the board of trustees, or in the office of 
eh'rk shall be tilled by appointment by the remaining members and the 
appointee shall serve until the next ensuing election for trustees. 

History: En. Sec. 7, Cli. 156, L. 1953; 
camd. Sec. 1, Cli. D7, L. 1955; amd. Sec. 7, 
Ch. 257, L. 196!). 



CHAPTER 45 

COUNTY WATER AND SEWER DISTRICTS 

Section 16-4501. Organization of county water and/or sewer districts authorized. 

16-4502. Organization of districts. 

16-4503. Petition — boundaries of district — publication. 

16-4504. Time of consideration — final hearing. 

16-4505. Proposition submitted — who may vote — certificate of secretary of 

state — district deemed incorporated — must hear testimony — suit 

couinienecd within om- year — election. 

16-4506. Election of directors — term of office. 

16-4507. Nomination of officers. 

16-4508. General law to govern. 

16-4509. Officers subject to recall. 

16-4513. Informalilj' not to invalidate. 

16-4517. Bonded indebtedness. 

165 



16-4501 ~ ELECTION LAWS 



16-4518. Election. 

16-4519. Notice. 

16-4520. Publication. 

16-4521. Canvass of returns. 

16-4522. Sixty per cent (60%) vote necessary. 

16-4529. Initiative. 

16-4530. Keferendum. 

16-4531. Adding to and consolidation of district. 

16-4535. Elections may be combined. 



16-4501. Organization of county water and/or sewer districts author- 
ized. A county Avater and/or sewer district may be organized and incor- 
porated and managed as herein expressly provided and may exercise the 
powers herein expressly granted or necessarily implied. 

History: En. Sec. 1, Ch. 242, L. 1957; County of Yellowstone, 140 M 538, 374 P 

amd. Sec. 1, Ch. 263, L. 1967. 2d 328, 333. 

The title of the County Water District 
Constitutionality Act (16-4501 to 16-4534) is not defective 
The County "Water District Act (16-4501 because it provides only for the construe- 
to 16-4534) is not unconstitutional on the tion of waterworks since the provisions in 
ground that there is an invalid delegation the body of the act for water tax and 
of power by the legislature because in- bond tax are germane to that part of the 
adequate standards are provided in the title dealing with construction of water- 
act since the provisions of the act are works and such taxes are necessary to 
sufficiently clear, definite, and certain to accomplish the general objects of the 
enable the countv water district to know bill. Parker v. County of Yellowstone, 140 
its rights and " obligations. Parker v. M 538, 374 P 2d 328, 334. 



16-4502. Organization of districts. The people of any county or coun- 
ties, or porlion of a city or a county, or city and county, or any combina- 
tion of these ])olitical divisions, whether such portion includes unincor- 
porated territory or not, in the state of Montana, may organize a county 
water and/or sewer district under the provisions of this act by proceeding 
as herein provided. 

History: En. Sec. 2, Ch. 242, L. 1957; 
amd. Sec. 1, Ch. 167, L. 1965; amd. Sec. 1, 
Ch. 263, L. 1C67. 



16-4503. Petition — boundaries of district — publication. A petition, 
which may consist of any number of separate instruments, shall be pre- 
sented at a regular meeting of the board of commissioners of the county in 
which the proposed district is located, signed by the registered voters Avithin 
the boundaries of the proposed district, equal in number to at least ten per 
centum (10%) of the registered voters of the territory included in such 
proposed district. When the territory to be included in such proposed 
district lies in more than one county, a petition must be presented to the 
board of county commissioners of each county in which said territory lies 
and each of said petitions must be signed by at least ten per centum (10%) 
of the registered voters of llie territory Avithin said county to be included 
within such proposed district. Such petition shall set forth and describe 
the proposed boundaries of such district, and shall pray that the same be 
incorporated under the provisions of this act, and the text of such petition 

166 



COUNTIES 16-4505 



shall be published for ten (10) consecutive days in a daily newspaper or in 
two (2) issues of a weekly newspaper printed and published in every county 
in which said territory lies, together with a notice stating the time of the 
meeting at which same will be presented. The first publication shall be at 
least two (2) weeks before the time at whicli the petition is to be presented. 
"When contained upon more than one (1) instrument, one (1) copy only of 
such petition need be published. No more than five of the names attached 
to said petition need appear in such publication of said petition and notice, 
but the number of signers shall be stated. 

History: En. Sec. 3, Ch. 242, L. 1957; 
amd. Sec. 2, Ch. 167, L. 1965; amd. Sec. 1, 
Ch. 263, L. 1967. 



16-4504. Time of consideration — final hearing. With such publica- 
tion there shall be published a notice of the time of the meeting of the 
board when such petition will be considered and that all persons interested 
therein may then appear and be heard. At such time the board of com- 
missioners shall hear the petition and those appearing thereon together 
with such written protests as shall have been filed with the county clerk 
and recorder prior to such hearing by or on behalf of owners of taxable 
property situated within the boundaries of the proposed district within 
the county and may adjourn such hearing from time to time, not exceed- 
ing four (4) weeks in all. No defect in the contents of the petition or in 
the title to or form of the notice or signatures, or lack of signatures, 
thereto shall vitiate any proceedings thereon, provided such petition or 
petitions have a sufficient number of qualified signatures attached thereto. 
On the final hearing said board shall make such changes in the proposed 
boundaries which be within the county as may be deemed advisable and 
shall define and establish such boundaries, but said board shall not modify 
said boundaries as to exclude from such proposed district any territory 
which Avould be benefited by the formation of such district; nor shall any 
lands which will not, in the judgment of said board, be benefited by such 
district be included within such proposed district. Any person whose lands 
are benefited by such district may upon his application, to the board of 
the county in which his lands be in the discretion of said board, have 
such lands included within said proposed district. 

History: En. Sec. 4, Oh. 242, L. 1957; 
amd. Sec. 3, Ch. 167, L. 1965. 



16-4505. Proposition submitted — ^who may vote — certificate of secre- 
tary of state — district deemed incorporated — must hear testimony — suit 
commenced within one year — election. Upon such hearing of said peti- 
tion, the board of commissioners shall determine whether or not said pe- 
tition complies with the requirements of the provisions of this act, and 
for that purpose must hear all competent and relevant testimony offered 
in support of or in opposition thereto. Such determination shall be en- 

167 



16-4505 ELECTION LAWS 



tered upon the minutes of said board of commissioners. A finding of the 
board of commissioners in favor of the genuineness and sufficiency of the 
petition and notice shall be final and conclusive against all persons except 
the state of Montana upon suit commenced by the attorney general. Any 
such suit must be commenced within one (1) year after the order of the 
board of commissioners declaring such district organized as herein pro- 
vided, and not otherwise. Upon the final determination of the boundaries 
of the district the board of commissioners of each county in which said 
district lies shall give notice of an election to be held in said proposed 
district for the purpose of determining whether or not the same shall be 
incorporated, the date of which election shall be not more than sixty (GO) 
days from the date of the final hearing of such petition. Such notice shall 
describe the boundaries so established and shall state the proposed name 
of the proposed incorporation (which name shall contain the words 

" county water and/or sewer district"), and this notice shall 

be published for ten (10) consecutive days in a daily newspaper or in two 
(2) issues of a weekly newspaper printed and published in every county in 
which said district lies. The first publication shall be made at least two (2) 
weeks before the time at which the election is to be held. At such election 
the proposition to be submitted shall be : "Shall the proposition to organize 

county water and/or sewer district under (naming the 

chapter containing this act) of the acts of the session of the 

Montana legislature and amendments thereto be adopted?" And the elec- 
tion thereupon shall be conducted, the vote canvassed and the result de- 
clared in the same manner as provided by law in respect to general elections, 
so far as they may be applicable, except as in this act otherwise provided. 
No person shall be entitled to vote at any election under the provisions of 
this act unless such person possesses all the qualifications required of elec- 
tors under the general election laws of the state, and is the owner of taxable 
real property located within the county in which he proposes to vote and 
situated within the boundaries of the proposed district. Within four 
(4) days after such election the vote shall be canvassed by the board of 
commissioners. If a majority of the votes cast at such election in each 
municipal corporation or part thereof and in the unincorporated terri- 
tory of each county included in such proposed district shall be in favor of 
organizing such county district, said board of each such county shall by an 
order entered on its minutes declare the territory enclosed within the 
proposed boundaries duly organized as a county water and/or sewer district 
under the name theretofore designated, and the county clerk of each such 
county shall immediately cause to be filed with the secretary of state and 
shall cause to be recorded in the office of the county recorder of the county 
or counties in which such district is situated, each, a certificate stating that 
such a proposition was adopted. Upor\ the receipt of such last-mentioned 
certificate the secretary of state shall, within ten (10) days, issue his 
certificate reciting that the district (naming it) has been duly incorporated 
according to the laws of the state of Montana. A copy of such certificate 
shall be transmitted to and filed with the county clerk of the county or 
counties in which such district is situated. From and after the date of 

168 



COUNTIES 16-4507 



such certificate, the district named therein shall be deemed incorporated, 
with all the rights, privileges and powers set forth in this act and neces- 
sarily incident thereto. In case less than a majority of the votes cast are 
in favor of said proposition the organization fails but without prejudice 
to renewing proceedings at any time in the future. 

History: En. Sec. 5, Ch. 242, L. 1957; 
amd. Sec. 4, Ch. 167, L. 1965; amd. Sec. 1, 
Ch. 263, L. 1967. 

16-4506. Election of directors — term of office. At an election to be 
held within such district under the provisions of this act and the laws 
governing general elections not inconsistent herewith, the district tlius 
organized shall proceed within ninety (90) days after its formation to the 
election of a board of directors consisting, if there are no municipalities 
within the boundaries of said district, of five (5) members. In all cases 
where the boundaries of such district include any municipality or munici- 
palities, said board of directors, in addition to said five (5) directors to be 
elected as aforesaid, shall consist of one (1) additional director for each 
one of said municipalities within such district, each such additional direc- 
tor to be appointed by the mayor of the municipality for which said addi- 
tional director is allowed; and if there be any /unincorporated territory 
Avithin said district, one additional director, to be appointed by the board 
of commissioners of each county containing such territory. Any director 
so elected or appointed shall be a qualified freeholder and a resident of 
said district. All directors, elected or appointed, shall hold office until the 
election and qualification or appointment and qualification of their suc- 
cessors. The term of office of directors elected under the provisions of this 
act shall be four (4) years from and after the date of their election ; pro- 
vided, that the directors first elected after the passage of this act shall 
hold office only until the election and qualification of their successors as 
hereinafter provided. The term of office of directors appointed by said 
mayor or mayors or by said board of commissioners shall be six (6) years 
from and after the date of appointment. Directors to be first appointed 
under the provisions of this act shall be appointed within ninety (90) days 
after the formation of the district. The election of directors of such district 
shall be in every fourth year after its organization, on the fourth Tuesday 
in March, and shall be known as the "general district election." All other 
elections which may be held by authority of this act, or of the general laws, 
shall be known as special district election. 

History: En. Sec. 6, Ch. 242, L. 1957; 
amd. Sec. 5, Ch. 167, L. 1965; amd. Sec. 1, 
Ch. 263, L. 1967. 

16-4507. Nomination of officers. (1) The mode of nomination and 
election of all elective officers of such district to be voted for at any dis- 
trict election and the mode of appointment of a director or directors by 
said mayor or mayors or by said board of commissioners shall be as 
follows and not otherwise. 

(2) The name of a candidate shall be printed upon the ballot when 
a petition of nomination shall have been filed in his behalf in the manner 
and form and under the conditions hereinafter set forth. 

169 



16-4507 ELECTION LAWS 

(3) The petition of nomination shall consist of not less than twenty- 
five (25) individual certificates, which shall read substantially as follows: 

PETITION OF NOMINATION 
Individual Certificate 
State of 1 

I S3. 

County of J 

Prect. No 

I, the undersigned, certify that I do hereby join in a petition for the 

nomination of , whose residence is at for the office of 

of the district to be voted for at the district 

election to be held in the district on the day of 

, 19.— ; and I further certify that I am a qualified elector 

and freeholder residing within said district, and am not at this time a 
signer of any other petition nominating any other candidate for the 
above named office; or, in case there are several places to be filled in the 
above named office, that 1 have not signed more petitions than there are 
places to be filled in the above named office ; that my residence is at No. 

street, , and that my occupation is 

(Signed) 

State of Montana i 

^ ss. 

County of i 

, being duly sworn, deposes and says that he is the person 

who signed the foregoing certificate and that the statements therein are 
true and correct. 

(Signed) 

Subscribed and sworn to before me this day of 19 



Notary Public 

The petition of nomination of which this certificate forms a part shall, 
if found insufficient, be returned to , at , Montana. 

(4) Clerk to furnish forms. It shall be the duty of the county clerk 
to furnish upon application a reasonable number of forms of individual 
certificates of the above character. If the district lies in more than one 
county, the county clerk whose county contains the largest percentage 
of the territory of said district shall fulfill this function. 

(5) Certificates. Each certificate must be a separate paper. All cer- 
tificates must be of uniform size as determined by the county clerk. 
Each certificate must contain the name of one signer thereto and no more. 
Each certificate shall contain the name of one candidate and no more. 
Each signer must be a qualified elector residing within said district, must 
not at the time of signing a certificate have his name signed to any other 
certificate for any other candidate for the same office, or, in case there 
are several places to be filled in the same office, signed to more certificates 
for candidates for that office than there are places to be filled in such 

170 



COUNTIES 16-4507 

office. In case an elector has signed two or more conflicting certificates, 
all such certificates shall be rejected. Each signer must verify his certifi- 
cate and make oath that the same is true, before a notary public. Each 
certificate shall further contain the name and address of the person to 
whom the petition is to be returned in case said petition is found in- 
sufficient. 

(6) Presentation of petition. A petition of nomination, consisting 
of not less than twenty-five (25) individual certificates for any one candi*^ 
date, may be presented to the county clerk not earlier than forty-five 
(45) days nor later than thirty (30) days before the election. The county 
clerk shall endorse thereon the date upon which the petition was presented 
to him. If the district lies in more than one county, such petition for 
nomination shall be presented to the county clerk whose county contains 
the largest percentage of the territory of said district and said county clerk 
shall fulfill all duties assigned to county clerks in elections under this act. 

(7) Examination of petition. When a petition of nomination is pre- 
sented for filing to the county clerk, he shall forthwith examine the same 
and ascertain whether or not it conforms to the provisions of this section. 
If found not to conform thereto, he shall then and there in writinf' 
designate on said petition the defect or omission or reason why such 
petition cannot be fiJed, and shall return the petition to the person 
named as the person to whom the same may be returned in accordance 
Avith this section. The petition may then be amended and again pre- 
sented to the clerk as in the first instance. The clerk shall forthwith pro- 
ceed to examine the petition as hereinbefore provided. If necessary, 
the board of commissioners shall provide extra help to enable the clerk 
to perform satisfactorily and promptly the duties imposed by this section. 

(8) Signer may withdraw name. Any signer to a petition of nomi- 
nation and certificate may withdraw his name from the same by filing with 
the county clerk a verified revocation of his signature before the filing 
of his petition by the clerk, and not otherwise. He shall then be at 
liberty to sign a petition for another candidate for the same office. 

(9) Candidate may withdraw. Any person whose name has been 
presented under this section as a candidate may, not later than twenty- 
five (25) days before the day of election, cause his name to be withdrawn 
from nomination by filing with the county clerk a request therefor in 
writing, and no name so withdrawn shall be printed upon the ballot. 
If, upon such withdrawal, the number of candidates remaining does 
not exceed the number to be elected, then other nominations may be made 
by filing petitions therefor not later than twenty-five (25) days prior to 
such election. 

(10) Petition filed. If either the original or amended petition of 
nomination be found sufficiently signed as hereinbefore provided, the 
clerk shall file the same twenty-five (25) days before the date of the 
election. "When a petition of nomination shall have been filed by the 
clerk it shall not be withdrawn or added to and no signatures shall be 
revoked thereafter. 

171 



16-4507 ELECTION LAWS 

(11) Petitions preserved. The county clerk shall preserve in his 
ofiBce for a period of two years, all petitions of nomination and all 
certificates belonging thereto, filed under this section. 

(12) List of candidates. Immediately after such petitions are filed, 
the county clerk shall enter the names of the candidates in a list, with 
the offices to be filled, and shall not later than twenty (20) days before 
the election certify such list as being the list of candidates nominated 
as required by the provisions of this act, and the board of commissioners 
of each county in which the district lies shall cause said certified list of 
names and the oflBces to be filled, to be published in the proclamation 
calling the election at least ten (10) successive days before the election 
in at least one (1) but not more than three (3) newspapers of general 
circulation published in each county in which such district is located. 
Such proclamation shall conform in all respects to the general state law 
governing the conduct of general elections now or hereafter in force, appli- 
cable thereto, except as otherwise herein provided, 

(13) Ballots. Form. The county clerk shall cause the ballots to 
be printed and bound and numbered as provided by said general state 
law, except as otherwise required in this act. The ballots shall contain 
the list of names and the respective offices as published in the proclama- 
tion and shall be in substantially the following form : 

GENERAL (OR SPECIAL) DISTRICT ELECTION 

District, 

(Inserting date thereof.) 
Instructions to Voters: To vote, stamp or write a cross (X) opposite 
the name of the candidate for whom you desire to vote. All marks other- 
wise made are forbidden. All distinguishing marks are forbidden and 
make the ballot void. If you wrongly mark, tear or deface tliis ballot, 
return it to the inspector of election, and obtain another. 

(14) How printed. All ballots printed shall be precisely on the 
same size, quality, tint of paper, kind of type, and color of ink, so that 
without the number it would be impossible to distinguish one ballot 
from another; and the names of all candidates printed upon the ballot 
shall be in type of the same size and style. A column may be provided 
on the right-hand side for questions to be voted upon at district election, 
as provided for under this act. The names of the candidates for each 
office shall be arranged in alphabetical order, and nothing on the ballot 
shall be indicative of the source of the candidacy or of the support of 
any candidate. 

(15) No candidate omitted. The name of no candidate who has 
been duly and regularly nominated, and who has not withdrawn his 
name as herein provided shall be omitted from the ballot. 

(16) Office. The offices to be filled shall be arranged in the follow- 
ing order : "For director vote for (giving number)." 

(17) Voting squares. Half-inch square shall be provided at the 
right of the name of each candidate wherein to mark the cross. 

172 



COUNTIES 16-4509 

(18) Spaces below printed names. Half-inch spaces shall be left 
below the printed names of candidates for each office, equal in number 
to the number to be voted for, wherein the voter may write the name of 
any person or persons for whom he may wish to vote. 

(19) Votes necessary to elect. In case there is but one person 
to be elected to an office, the candidate receiving a majority of the 
votes cast for all the candidates for that office, shall be declared elected; 
in case there are two or more persons to be elected to an office, as that 
of director, then those candidates equal in number to the number to be 
elected, who receive the highest number of votes for such office shall be 
declared elected. 

(20) Failure to qualify. If a person elected fails to qualify, the 
office shall be filled as if there were a vacancy in such office, as herein- 
after provided. 

(21) Mode of appointment by mayor. The mode of appointment of 
director or directors by a mayor, or by a board of commissioners, shall 
be by certificate of appointment signed by said mayor or mayors, or 
issued by said board of commissioners, and transmitted to the board 
of directors of said district. 

(22) Informality not to invalidate. No informality in conducting dis- 
trict elections shall invalidate the same, if they have been conducted by 
directors to fill a vacancy, or appointed by a mayor or by this act. 

History: En. Sec. 7, Ch. 242, L. 1957; 
amd. Sec. 6, Ch. 167, L. 1965; amd. Sec. 1, 
Ch. 263, L. 1967. 

16-4508. General law to govern. The provisions of the law relating 
to the qualifications of electors, the manner of voting, the duties of 
election officers, the canvassing of returns, and all other particulars in 
respect to the management of general elections, so far as they may be 
applicable, shall govern all district elections, except as in this act other- 
wise provided; provided, however, that where a corporation owns taxable 
real property within the boundaries of the district, the president, vice- 
president or secretary of such corporation shall be entitled to cast a vote 
on behalf of the corporation; provided also that an elector owning taxable 
real property within the district need not reside within the district in order 
to vote, and provided that the board of commissioners shall canvass the 
returns of the first election and that thereafter, except as herein pro- 
vided, the board of directors shall meet as a canvassing board and duly 
canvass the returns within four (4) days after any district election, includ- 
ing any district bond election. If the district lies in more than one county, 
the board of commissioners whose county contains the largest percentage of 
the territory of said district shall canvass the returns of the first election. 

History: En. Sec. 8, Ch. 242, L. 1957; Ch. 167, L. 1965; amd. Sec. 1, Ch. 263, L. 
amd. Sec. 1, Ch. 258, L. 1959; amd. Sec. 7, 1967. 

16-4509. Officers subject to recall. Every incumbent of an elective 
office, whether elected by popular vote for a full term, or elected by the 
board of directors to fill a vacancy, or appointed by a mayor or by said 

173 



16-4513 ELECTION LAWS 



board of commissioners for a full term, is subject to recall by the 
voters of any district organized under the provisions of this act, in accord- 
ance with the recall provisions of sections 11-3220 to 11-3227, both in- 
clusive, applicable to officers under the commissioner-manager plan. 

History: Sn. Sec. 9, Ch. 242, L. 1957; 
amd. Sec. 1, Ch. 263, L. 1967. 

16-4513. Informality not to invalidate. No informality in any pro- 
ceeding or informality in the conduct of any election, not substantially 
affecting adversely the legal rights of any citizen, shall be held to in- 
validate thr" incorporation of any district, and any proceeding wherein the 
validity of such incorporation is denied shall be commenced within three 
(3) months from the date of the certificate of incorporation, otherwise said 
incorporation and the legal existence of said district, and all proceedings 
in respect thereto, shall be held to be valid and in every respect legal and 
incontestable. 

History: En. Sec. 13, Ch. 242, L. 1957; 
amd. Sec. 1, Ch. 263, L. 1967. 

16-4517. Bonded indebtedness. Whenever the board of directors deem 
it necessary for the district to incur a bonded indebtedness, it shall by a 
resolution so declare and state the purpose for which the proposed debt 
is to be incurred, the land within the district to be benefited thereby, the 
amount of debt to be incurred, the maximum term the bonds proposed 
to be issued shall run before maturity, which shall not exceed forty (40) 
years, and the maximum rate of interest to be paid, which shall not ex- 
ceed seven per cent (7%) per annum, and the proposition to be sub- 
mitted to the electors. 
History: En. Sec. 17, Ch. 242, L. 1957. 

16-4518. Election. The board of directors shall fix a date upon which 
an election shall be held for the purpose of authorizing said bonded in- 
debtedness to be incurred. It shall be the duty of the board of directors to 
provide for holding such special election on the day so fixed, in accord- 
ance with the general election laws of the state, so far as the same shall 
be applicable, except as herein otherwise provided. 
History: En. Sec. 18, Ch. 242, L. 1957. 

16-4519. Notice. Such board of directors shall give notice of the 
holding of such election, which notice shall contain the resolution adopted 
by the board of directors of the district, boundaries of voting precincts, 
which shall include therein only the lands to be benefited, as stated in such 
resolution, the location of polling places, and the names of the officers 
selected to conduct the election, who shall consist of one judge, one inspec- 
tor and two clerks in each precinct. 

History: En. Sec. 19, Ch. 242, L. 1957; 
amd. Sec. 1, Ch. 263, L. 1967. 

16-4520. Publication. Such notice shall be published for ten (10) 
consecutive days in a daily newspaper or in two (2) issues of a weekly 

174 



COUNTIES 16-4531 



newspaper published in each county wherein such district is located, which 

newspaper or newspapers shall be designated by the board of directors. 

Every qualified elector, owning taxable real property, within such voting 

precincts, but no others, shall be entitled to vote at such election. All the 

expenses of holding such election shall be borne by the district. 

History: En. Sec. 20, Ch. 242, L. 1957; 8, Ch. 167, L. 1965; amd. Sec. 1, Ch. 263, 
amd. Sec. 2, Ch. 258, L. 1959; amd. Sec. L. 1967. 

16-4521. Canvass of returns. The returns of such election shall be 
made to and the votes canvassed by said board of directors on the first 
Monday following said election, and the results thereof ascertained and 
declared in accordance with the general election laws of the state, so 
far as they may be applicable, except as herein otherwise provided. The 
secretary of the board of directors, as soon as the result is declared, shall 
enter in the records of such board a statement of such results. No irregu- 
larities or informalities in conducting such election shall invalidate the 
same, if the election shall have otherwise been fairly conducted. In all 
respects not otherwise provided for herein, said election shall be called, 
managed and directed as is by law provided for general elections in this 
state applicable thereto, except as herein otherwise provided. 
History: En. Sec. 21, Ch. 242, L. 1957. 

16-4522. Sixty per cent (60%) vote necessary. If from such returns 
it appears that sixty per cent (60%) or more of the votes cast at such 
election were in favor of and assented to the incurring of such indebted- 
ness, tlien tlie board of directors may, by resolution, at such time or times 
as it deems proper, provide for the form and execution of such bonds and 
for the issuance of any part thereof, and may sell or dispose of the bonds 
so issued at such times or in such manner as it may deem to be to the 
public interest. 

History: En. Sec. 22, Ch. 242, L. 1957; 
amd. Sec. 1, Ch. 335, L. 1969. 

16-4529. Initiative. Ordinances may be passed by the electors of any 

district organized under the provisions of this act in accordance with the 

methods provided by the general laws of the state for direct legislation 

applicable to cities and towns. 

History: En. Sec. 29, Ch. 242, L. 1957; 
amd. Sec. 1, Ch. 263, L. 1967. 

16-4530. Referendum. Ordinances may be disapproved and thereby 

vetoed by the electors of any such district by proceeding in accordance 

with the methods provided by the general laws of the state for protesting 

against legislation by cities and towns. 

History: En. Sec. 30, Ch. 242, L. 1957; 
amd. Sec. 1, Ch. 263, L. 1967. 

16-4531. Adding to and consolidation of district. Any portion of any 
county or any municipality, or both, may be added to any district organized 
under the provisions of this act, at any time, upon petition presented in the 

175 



16-4535 ELECTION LAWS 

manner therein provided for the organization of such district, which petition 
may be granted by ordinance of the board of directors of such district. Such 
ordinance shall be submitted for adoption or rejection to the vote of the 
electors in such district and in the proposed addition, at a general or spe- 
cial election held as herein provided, within seventy (70) days after the 
adoption of such ordinance. If such ordinance is approved, the president 
and secretary of the board of directors shall certify that fact to the secre- 
tary of state and to the county recorder of the county in which such dis- 
trict is located. Upon the receipt of such last mentioned certificate the 
secretary of state shall, within ten (10) days, issue his certificate, reciting 
the passage of said ordinance and the addition of said territory to said 
district. A copy of such certificate shall be transmitted to and filed with the 
county clerk of the county in which such district is situated. From and 
after the date of such certificate the territory named therein shall be 
deemed added to and form a part of said district, with all the rights, 
privileges and powers set forth in this act and necessarily incident thereto. 
Two or more districts organized under the provisions of this act may 
consolidate, at any time, upon petitions submitted to the board of directors 
of each such district. Such petitions shall be in the form required for 
petitions for the organization of districts. Each such petition shall be 
signed by not less than ten per cent (10%) of the registered voters of the 
territory included within said district. Said petitions may be granted by 
ordinance of the board of directors of each of said districts. Such ordi- 
nances shall be submitted for adoption or rejection to the vote of the 
electors in such districts at general or special elections held as herein pro- 
vided within seventy (70) days after the adoption of such ordinances. If 
such ordinances are approved, the president and secretary of the boards of 
directors of each of said districts shall certify that fact to the secretary of 
state and to the county clerk of the county or counties in which such dis- 
tricts are located. Upon the receipt of said certificate the secretary of state 
shall, within ten (10) days, issue his certificate, reciting the passage of said 
ordinances and the consolidation of said districts. A copy of such certificate 
shall be transmitted to and filed with the county clerk of each county in 
which such consolidated district is situated. From and after the date of 
such certificate, the said districts shall be deemed to be consolidated and 
shall consist of one district with all the rights, privileges and powers set 
forth in this act and necessarily incident thereto. The number and manner 
of selection and election of directors of the consolidated district shall be the 
same as the number and manner of selection and election of directors of 
newly organized districts. 

History: En. Sec. 31, Ch. 242, L. 1957; 
amd. Sec. 1, Ch. 263, L. 1967. 

16-4535. Elections may be combined. The board of commissioners in 
its discretion may combine in one election the election on the formation of 
the district, tlic clpction of dii-ectors, and the election on incurring u 
bonded indebtedness, so tliat tlie ehn'tors of the district may vote on all 
of these matters on tlie same date and at the same time. If the elections 

176 



COUNTIES 16-4535 

are combined the board of eommissioiiers shall so dcehirc by resolution 
containinf^C the provisions required by ] (5-451 7. Candidates for the office 
of director shall be nominated in the manner required by 16-4507. When- 
ever the elections are combined, notice of the election, the names of the 
candidates and the details conceriiinf? the bonded indebtedness may be 
gfiven in the manner prescribed by 16-4505 and 16-4507 or eithor of them. 

History: En. 16-4535 by Sec. 1, Ch. 
109, L. 1969. 



177 



TITLE 19 

DEFINITIONS AND GENERAL PROVISIONS 



CHAPTER 1 



DEFINITIONS AND CONSTEUCTION OF TERMS— HOLIDAYS— OTHER 

GENERAL PROVISIONS 

8«etioii 19-107. Legal holidays and bosineH dayi defined. 

19-107. (10) Leg-al holidays and business days defined. The following 
are legal holidays in the state of Montana: 

(1) Each Sunday. 

(2) New Year's Day, January 1. 

(3) Lincoln's Birthday, February 12. 

(4) Washington's Birthday, the third Monday in February. 

(5) Memorial Day, the last Monday in May. 

(6) Independence Day, July 4, 

(7) Labor Day, the first Monday in September. 

(8) Columbus Day, the second Monday in October. 

(9) Veterans' Day, the fourth Monday in October. 

(10) Thanksgiving Day, the fourth Thursday in November. 

(11) Christmas Day, December 25. 

(12) State general election day. 

If any of the above-enumerated holidays (except Sunday) fall upon a 
Sunday, the Monday following is a holiday. All other days are business 
days. 

"Whenever any bank in the state of Montana elects to remain closed 
and refrains from the transaction of business on Saturday, pursuant to 
authority for permissive closing on Saturdays by virtue of the laws of the 
state, legal holidays for such bank during the year of such election are 
hereby limited to the following holidays: 

(1) Each Sunday. 

(2) New Year's Day, January 1. 

(3) Memorial Day, the last Monday in May. 

(4) Independence Day, July 4. 

(5) Labor Day, the first Monday in September. 

(6) Thanksgiving Day, the fourth Thursday in November. 

(7) Christmas Day, December 25. 

Any bank practicing Saturday closing in compliance with law may remain 
closed and refrain from the transaction of business on Saturdays, not- 
withstanding that a Saturday may coincide with a legal holiday other than 
one of the holidays designated above for banks practicing Saturday closing 
in compliance with law, and provided further that it shall be optional 
for any bank, whether practicing Saturday closing or not, to observe as 
a holiday and to be closed on any day upon which a general election is 

178 



DEFINITIONS AND GENERAL PROVISIONS 19-107 



held throughout the state of Montana and on Veterans' Day, the fourth 
Monday in October, and on any local holiday which historically or tradi- 
tionally or by proclamation of a local executive official or governing body 
is established as a day upon which businesses are generally closed in the 
community in which the bank is located. 

History: Ap. p. Sec. 10, Pol. C. 1895; amd. Sec. 1, Ch. 209, L. 1955; amd. Sec. 1, 
re-en. Sec. 10, Rev. C. 1907; amd. Sec. 1, Ch. 6, L. 1965; amd. Sec. 1, Ch. 89, L 
Ch. 21, 1921; re-en. Sec. 10, R. C. M. 1921; 1969. Cal. Pol. C. Sees. 10-11. 



179 



TITLE 23— ELECTIONS 

Chiipter 

1. Time of holding elections — proclam;itions, Ropoulcd — Section 248, Chapter 368, 

Laws of 19G9. 

2. Publication of questions submitted to popular vote, Repealed — Section 248, Chapter 

368, Laws of 1969. 

3. Qualifications and privileges of electors, Repealed — Section 248, Chapter 368, 

Laws of 1960. 

4. Election precincts, Repealed— Section 248, Chapter 368, Laws of 1969. 

5. Registration of electors. Repealed— Section 248, Chapter 368, Laws of 1969. 

6. Judges and clerks of elections, Repealed — Section 248, Chapter 368, Laws of 1969. 

7. Election supplies. Repealed— Section 248, Chapter 368, Laws of 1969. 

8. Nomination of candidates for special elections by convention or primary meetings 

or by electors. Repealed— Section 248, Chapter 368, Laws of 1969. 

9. Party nominations by direct vote — the direct primary. Repealed — Section 11, 

Chapter 156, Laws of 1965; Section 248, Chapter 368, Laws of 1969. 

10. Political parties, Repealed— Section 8, Chapter 266, Laws of 1955; Section 11, 

Chapter 156, Laws of 1965; Section 248, Chapter 368, Laws of 1969. 

11. Ballots, preparation and form, Repealed — Section 13, Chapter 194, Laws of 1967; 

Section 248, Chapter 368. Laws of 1969. 

12. Conducting elections — the polls— voting and ballots. Repealed — Section 248, Chap- 

ter 368, Laws of 1969. 

13. Voting by absent electors, Repealed — Section 248, Chapter 368, Laws of 1969. 

14. Voting by absent electors in United States service, Repealed — Section 248, Chapter 

368, Laws of 1969. 

15. Registration of electors absent from county of their residence. Repealed — Section 

248, Chapter 368, Laws of 1969. 

16. Voting machines — conduct of election when used, Repealed — Section 248, Chapter 

368, Laws of 1969. 

17. Election returns, Repealed— Section 248, Chapter 368, Laws of 1969. 

18. Canvass of election returns — results and certificates. Repealed — Section 13, Chap- 

ter 194, Laws of 1967; Section 248, Chapter 368, Laws of 1969. 

19. Failure of elections — proceedings on tie vote. Repealed — Section 248, Chapter 

368, Laws of 1969. 

20. Nonpartisan nomination and election of judges of supreme court and district 

courts, Repealed— Section 3. Chapter 20, Laws of 1959; Section 248, Chapter 
368, Laws of 1969. 

21. Presidential electors, how chosen — duties, Repealed — Section 248, Chapter 368, 

Laws of 1969. 

22. Members of Congress — elections and vacancies. Repealed — Section 248, Chapter 368, 

Laws of 1969. 

23. Recount of ballots— results. Repealed — Section 248, Chapter 368, Laws of 1969. 

24. Conventions to ratify proposed amendments to constitution of the United States, 

Repealed— Section 248, Chapter 368, Laws of 1969. 

25. Electronic voting systems. Repealed — Section 248, Chapter 368, Laws 1969. 

26. Definitions and general provisions, 23-2601 to 23-2606. 

27. Qualifications and privileges of electors, 23-2701 to 23-2705. 

28. Publication of questions submitted to popular vote, 23-2801, 23-2802. 
9. Proclamations and publications. 23-2901 to 23-2904. 

30. Registration of electors, 23-3001 to 23-3029. 

31. Election precincts, 23-3101 to 23-3103. 

32. Judges and clerks of elections. 23-3201 to 23-3207. 

33. Primary elections and nominations by certificate. 23-3301 to 23-3321. 

34. Political ])arties, committeemen and committees, 23-3401 to 23-3407. 

35. Election supplies and ballots, 23-3501 to 23-3517. 

36. Conduct of elections— the polls— voting and ballots, 23-3601 to 23-3618. 

37. Absentee voting and registration, 23-3701 to 23-3723. 

38. Voting machines, 23-3801 to 23-3822. 

39. Electronic voting systems, 23-3901 to 23-3907. 

4'i. Canvass of votes — returns and certificates, 23-4001 to 23-4019. 

41. Recounts, 23-4101 to 23-4122. 

42. Contests of bond elections, 23-4201, 23-4202. 

181 



o 



23-101 ELECTIONS 

4.!. PiTsidcntial electors, 23-4301 to 23-4307. 

44. Members of Congress — elections and vacancies, 23-4401 to 23-4404. 

45. Nonpartisan nomination and election of judges, 23-4501 to 23-4511. 

46. Conventions to ratify amendments to constitution of the United States, 23-4601 to 

23-4611. 



CHAPTER 1 

TIME OF HOLDING ELECTIONS— PROCLAMATIONS 
(Repealed— Section 248, Chapter 368, Laws of 1969) 



23-101 to 23-106. (531 to 536) Repealed 

-epeal to th 

lections 23-101 to 23-106 (Sees. 1150, ^ion 
1151, 1160 to 1163, Pol. C. 1895), relating -^8, Ch. 368, Laws 1969 



Repeal to the time of holding elections and elec- 

Sections 23-101 to 23-106 (Sees. 1150, ^ion proclamations, were repealed by Sec. 



CHAPTER 2 

PUBLICATION or QUESTIONS SUBMITTED TO POPULAR VOTE 
(Repealed— Section 248, Chapter 368, Laws of 1969) 

23-201, 23-202. (537.1, 538) Repealed. 

Repeal ments and questions to be submitted to 

Sections 23-201 and 23-202 (Sec. 1, Ch. the people of the county or municipality, 

130, L. 1919; Sec. 1, Ch. 62, L. 1927; Sec. ^ere repealed by Sec. 248, Ch. 368, Laws 

1, Ch. 104, L. 1945), relating to publica- 19^9. 

tion of proposed constitutional amend- 



CHAPTER 3 

QUALIFICATIONS AND PRIVILEGES OF ELECTORS 
(Repealed— Section 248, Chapter 368, Laws of 1969) 

23-301 to 23-311. (539 to 544) Repealed. 

Repeal 1, Ch. 64, L. 1959), relating to the require- 

Sections 23-301 to 23-311 (Sees. 1180, ment for elections by ballot, qualifications 

1181, 1183 to 1185, 1188, Pol. C. 1895; of electors, privileges of electors, and the 

Sec. 1, Ch. 44, L. 1941; Sees. 1 to 4, Ch. definition of "taxpayers," were repealed 

28, L. 1945; Sec. 1, Ch. 92, L. 1949; Sec. by Sec. 248, Ch. 368, Laws 1969. 



CHAPTER 4 

ELECTION PRECINCTS 
(Repealed— Section 248, Chapter 368, Laws of 1969) 

23-401 to 23-407. (545 to 551) Repealed. 

Repeal 25, L. 1929), relating to election precincts. 

Sections 23-401 to 23-407 (Sees. 1243, ^^'^''^^ boundaries, and designation of places 

1244, Pol. C. 1895; Sees. 2 to 6, Ch. 113, for holding elections, were repealed by 

L. 1911; Sees. 2 to 6, Ch. 74. L. 1913; Sec. 248, Ch. 368, Laws 1969. 
Sees. 2 to 6, Ch. 122, L. 1915; See. 1, Ch. 

182 



I 



NOMINATIONS FOR SPECIAL ELECTIONS 23-820 

CHAPTER 5 

EEGISTKATION OP ELECTORS 
(Repealed— Section 248, Chapter 368, Laws of 1969) 

23-501, 23-501.1, 23-502 to 23-534. (553 to 562, 566 to 586) Repealed. 

Repeal 71, L. 1935; Sec. 1, Ch. 147, L. 1937; Sees. 

Sections 23-501, 23-501.1, 23-502 to 23- 1 *» 6, Ch. 172, L. 1937; Sec. 1, Ch. 51, 

534 (Sees. 1, 7, 12, 17 to 24, 26, 29, 30, L. 1941; Sec. 1, Ch. 144, L. 1941; Sees. 

32, 35 to 39, Ch. 113, L. 1911; Sees. 1, 1- 2, Ch. 177, L. 1943; Sec. 1, Ch. 167, 

7, 12, 15, 17 to 24, 26, 29, 30, 32, 35 L- 1^45; Sec. 1, Ch. 83, L. 1953; Sees. 1, 

to 40, Ch. 74, L. 1913; Sees. 1, 7 to 36, 2, Ch. 80, L. 1955; Sees. 1, 2, Ch. 18, L. 

Ch. 122, L. 1915; Sec. 1, Ch. 38, L. 1917; 1959; Sees. 2 to 4, Ch. 64, L. 1959; Sees. 

Sec. 1, Ch. 29, L. 1919; Sec. 1, Ch. 58, 1 ^o 5. Ch. 98, L. 1965; Sees. 3, 4, Ch. 

L. 1919; Sees. 1 to 4, Ch. 97, L. 1919; See. 156, L. 1965; Sees. 1, 2, Ch. 139, L. 1967), 

1, Ch. 235, L. 1921; Sees. 1, 2, Ch. 61, L. relating to registration of electors, were 

1933; Sec. 1, Ch. 25, L. 1935; Sec. 1, Ch. repealed by Sec. 248, Ch. 368, Laws 1969. 

CHAPTER 6 

JUDGES AND CLERKS OF ELECTIONS 
(Repealed— Section 248, Chapter 368, Laws of 1969) 

23-601 to 23-604, 23-604.1, 23-604.2, 23-605 to 23-612. (587 to 597) Re- 
pealed. 

Repeal 49, L. 1945; Soc. 2, Ch. 167, L. 1945; Sec. 1, 

Sections 23-601 to 23-604, 23-604.1, 23- Ch. 117, L. 1947; Sec. 1, Ch. 12, L. 1951; 

604.2, 23-605 to 23-612 (Sees. 6, 7, p. Sec. 1, Ch. 14, L. 1957; Sec. 1, Ch. 210, 

461, Cod. Stat. 1871; Sees. 1173, 1260 to L. 1957; Sees. 1, 2, Ch. 99, L. 1961; Sec. 

1269, Pol. C. 1895; Sec. 1, Ch. 101, L. 1» Ch. 46, L. 1963), relating to judges and 

1917; Sees. 1, 2, Ch. 43, L. 1923; Sec. 1, clerks of elections, were repealed by Sec. 

Ch. 61, L. 1937; Sec. 1, Ch. 85, L. 1941; 248, Ch. 368, Laws 1969. 
Sees. 1, 2, Ch. 40, L. 1943; Sec. 1, Ch. 

CHAPTER 7 

ELECTION SUPPLIES 
(Repealed — Section 248, Chapter 368, Laws of 1969) 

23-701 to 23-713. (598, 600 to 611) Repealed. 

Repeal Sec. 5, Ch. 64, L. 1959), relating to poll- 
Sections 23-701 to 23-713 (Sec. 18, p. books, ballots, ballot boxes, printed in- 
463, Cod. Stat. 1871; Sec. 20, p. 140, L. stnictions to electors, return forms, and 
1889; Sees. 1174, 1270 to 1273, 1300, 1302, other election supplies, were repealed by 
1303, 1356, Pol. C. 1895; Sec. 1, Ch. 88, Sec. 248, Ch. 368, Laws 1969. 
L. 1907; Sees. 1 to 4, Ch. 12, L. 1915; 

CHAPTER 8 

NOMINATION OF CANDIDATES FOR SPECIAL ELECTIONS BY CONVENTION 
OR PRIMARY MEETINGS OR BY ELECTORS 

(Repealed— Section 248, Chapter 368, Laws of 1969) 

23-801 to 23-820. (612 to 618.1, 619 to 630) Repealed. 

^^P^^l Pol. C. 1895; Sees. 2 to 9. 11, 12, 10, pp. 135 

Sections 23-801 to 23-820 (Sees. 1310 to 138, 140, L. 1889; Sees. 1 fo :',. j.p. 115, 

to 1317, 1319, 1320, 1322, 1330 to 1336, 116, L. 1901; Sec. 1, Cli. 15, L. 1925; Sec. 1, 

183 



23-901 ELECTIONS 

Ch. 58, L. 1925; Sec. 1, Ch. 64, L. 1925; 156, L. 1965; Sec. 1, Ch. 86, L. 1967; 

Sec. 1, Ch. 28, L. 1933; Sec. 1, Ch. 104, See. 3. Ch. 194, L. 1967), relating to 

L. 1943; Sec. 1, Ch. 105, L. 1943; Sec. nominations for special elections, were re- 

1, Ch. 26, L. 1945; Sec. 1, Ch. 259, L. 1947; pealed by Sec. 248, Ch. 368, Laws 1969. 
Sec. 1, Ch. 160, L. 1949; Sees. 5, 6, Ch. 



CHAPTER 9 

PARTY NOMINATIONS BY DIRECT VOTE— THE DIRECT PRIMARY 

(Repealed — Section 11, Chapter 156, Laws of 1965; Section 248, Chapter 368, 

Laws of 1969) 

23-901 to 23-936. (631 to 641, 644 to 652, 654 to 663, 665 to 670) Re- 
pealed. 

Repeal Sec. 1, Ch. 27, L. 1945; Sec. 1, Ch. 34, L. 

Sections 23-901 to 23-936 (Sees. 1 to lf*-15; Sec. 3, Ch. 167, L. 1945; Sec. 1, Ch. 

10, 13 to 21, 23 to 29, 31 to 38, Initiative ^5, L. 1949; Sec. 1, Ch. 64, L. 1951; Sees. 

Measure Nov. 1912; Sees. 1, 3, Ch. 88, L. ^y -- Ch. 6, L. 1953; Sec. 1, Ch. 8, L. 

1921; Sec. 1, Ch. 1, Ex. L. 1921; Sees. 1^53; Sec. 12, Ch. 214, L. 1953; Sec. 1, Ch. 

1, 2, Ch. 133, L. 1923; Sees. 1, 2, Ch. 12, 19, L. 1955; Sec. 2, Ch. 207, L. 1955; Sees. 

L. 1925; Sec. 1, Ch. 118, L. 1925; Sec. 1 to 3, Ch. 266, L. 1955; Sec. 6, Ch. 

1, Ch. 159, L. 1925; Sec. 1, Ch. 3, L. 1927; 64, L. 1959; See. 1, Ch. 219, L. 1959; Sees. 

Sec. 1. Ch. 7, L. 1927; Sec. 1, Ch. 14, L. 1- 2, Ch. 274, L. 1959; Sec. 1, Ch. 38, L. 

1927; Sec. 1, Ch. 98, L. 1927; Sec. 1, Ch. 1961; Sees. 2, 7, Ch. 156, L. 1965; Sec. 

125, L. 1927; Sec. 1, Ch. 34, L. 1929; 1j <^1'- 151> L- 1967; Sees. 4, 5, Ch. 194, 

Sec. 1, Ch. 67, L. 1929; Sec. 1, Ch. 6, 1^- li'67), relating to primary elections, 

L. 1933; Sec. 1, Ch. 62, L. 1933; Sec. 1, "ere repealed by Sec. 11, Ch. 156, Laws 

Ch. 181, L. 1937; Sec. 1, Ch. 84, L. 1939; 1965; See. 248, Ch. 368, Laws 1969. 



CHAPTER 10 

POLITICAL PARTIES 

(Repealed — Section 8, Chapter 266, Laws of 1955; Section 11, Ciii\[)ter 156, 
Laws of 1965; Section 248, Chapter 368, Laws of 1969) 

23-1001 to 23-1009. (673.1 to 673.8) Repealed. 

Repeal 266, L. 1955; Sec. 3, Ch. 274, L. 1959; 

Sections 23-1001 to 23-1009 (Sees. 1 to •'^•'<'«- 1; 8, Ch. 156, L. 1965), relating, to 

8, Ch. 126, L. 1927; Sec. 2, Ch. 64, L. political parties, were repealed by See. 

1951; Sec. 1, Ch, 55, L. 1953; Sees. 13 to «. Ch. 266, Laws 1955; Sec. 11, Ch. 156, 

16, Ch. 214, L. 1953; Sees. 4 to 7, Ch. L-'i^^'s 1965; Sec. 248, Ch. 368, Laws 1969. 



CHAPTER 11 

BALLOTS, PREPARATION AND FORM 

(Repealed — Section 13, Chapter 194, Laws of 1967; Section 248, Chapter 368, 

Laws of 1969) 

23-1101 to 23-1117. (677 to 681, 683 to 687) Repealed. 

Repeal F, Ch. 141, L. 1947; Sec. 1, Subds. A to F, 

Sections 23-1101 to 23-1107 (Sees. 1, 17, Ch. 79, L. 1949; Sees. 1 to 3, Ch. 72, L. 

pp. 135, 139, L. 1889; Sees. 1350 to 1355, 19o3; Sec. 9, Ch. 156, L. 1965; Sees. 6, 

Pol. C. 1895; See. 1354, p. 117, L. 1901; 7, Ch. 194, L. 1967), relating to form, 

Sees. 2, 3, Ch. 88, L. 19()7; See. 1, Ch. 16, I'niiting and distribution of ballots, were 

L. 1925; Sec. 1, Ch. 203, L. 1937; Sees. rei)e:iled by See. 13. Ch. 194, Laws 1967; 

1, 2, Subds. A to F, CIi. 81, L. 1939; Sec. Sec. 248, Ch. 368, Laws 1969. 
1, Ch. 170, L. 1939; Sec. 1, Subds. A to 

184 



REGISTRATION OF ABSENT ELECTORS 



23-1503 



CHAPTER 12 

CONDUCTING ELECTIONS— THE POLLS— VOTING AND BALLOTS 
(Repealed— Section 248, Chapter 368. Laws of 1969) 

23-1201 to 23-1228. (G«S tu 711) Repealed. 



Repeal 

Sections 23-1201 to 23-1228 (Sec. 11, 
p. 462, Cod. Stat. 1871; Sees. 22 to 27, 
pp. 141, 142, L. 1889; Sees. 1290 to 1292, 
1358, 1360 to 1379, Pol. C. 1895; Sees. 
1357 to 1359, 1361, 1364, pp. 118 to 120, 
L. 1901; Sees. 4, 5, Ch. 88, L. 1907: Sec. 
26, Ch. 113, L. 1911; Sec. 26, Ch. 74, L. 
1913; Sec. 26, Ch. 122, L. 1915; Sec. 1, 
Ch. 3, L. 1935; Sec. 1, Ch. 2, L. 1937; 



Sec. 1, Ch. Ill, L. 1937; Sec. 1, Ch. 207 
L. 1955; Sec. 1, Ch. 32, L. 1959; Sees 
7, 8, Ch. 64, L. 1959; See. 1, Ch. 77, L 
1961), relating to voting time allowance 
time of and proclamations on opening and 
closing of polls, furnishing and arrange 
ment of polling places, methods and man 
ner of voting, and challenges, were re 
pealed by Sec. 248, Ch, 368, Laws 1969. 



CHAPTER 13 

VOTING BY ABSENT ELECTORS 
(Repealed— Section 248, Chapter 368, Laws of 1969) 

23-1301 to 23-1302(2), 23-1303, 23-1303.1, 23-1304 to 23-1321. (715 to 
735) Repealed. 

Repeal 1955; Sees. 3 to 5, Ch. 18, L. 1959; Sees. 

Sections 23-1301 to 23-1302(2), 23-1303, 9 to 11, Ch. 64, L. 1959; Sees, 1 to 3, 
23-1303.1, 23-1304 to 23-1321 (Sees. 1 to 20, <^''i- 216, L. 1959; Sees. 1 to 3, Ch. 108, 



Ch. 110, L. 1915; Sees. 1 to 21, Ch. 155, 
L. 1917; Sees. 1 to 3, Ch. 151, L. 1923; Sec. 

1, Ch. 32, L. 1941; Sees. 1 to 17, Ch. 234, L. 
1943; Sec. 1, Ch. 60, L. 1953; Sees. 1, 

2, Ch. 104, L. 1953; Sec. 1, Ch. 152, L, 



L. 1963; Sees. 1, 2, Ch. 124, L. 1963), 
relating to voting by absent or physically 
incapacitated electors were repealed by 
See. 248, Ch. 368, Laws 1969. 



CHAPTER 14 

VOTING BY ABSENT ELECTORS IN UNITED STATES SERVICE 
(Repealed — Section 248, Chapter 368, Laws of 1969) 



23-1401 to 23-1406. Repealed. 

Repeal 

Sections 23-1401 to 23-1406 (Sees. 1 to 
, Ch. 99, L. 1943; Sees. 6 to 10, Ch, 



18, L, 1959), relating to voting by ab- 
sent electors in United States service, were 
repealed by Sec. 248, Ch, 368, Laws 1969, 



CPIAPTER 15 

REGISTRATION OF ELECTORS ABSENT FROM 
COUNTY OF THEIR RESIDENCE 

(Repealed— Section 248, Chapter 368, Laws of 1969) 



23-1501 to 23-1503. Repealed. 

Repeal 

Sections 23-1501 to 23-1503 (Sees. 1 to 
3, Ch. 190, L. 1943), relating to registra- 



tion of electors absent from county of 
residence, were repealed bv See. 248, Ch. 
368, Laws 1969. 



185 



23-1601 ELECTIONS 



CHAPTEK 16 



VOTING MACHINES— CONDUCT OF ELECTION WHEN USED 
(Repealed— Section 248, Chapter 368, Laws of 1969) 

23-1601 to 23-1608, 23-1608A, 23-1609 to 23-1618. (757 to 773) Repealed. 

Repeal 1947; Sees. 1, 2, Ch. 20, L. 1959; See. 

Sections 23-1601 to 23-1608, 23-1608A, 16, Ch. 42, L. 1963; Sec. 1, Ch. 57, L. 

23-1609 to 23-1618 (Sees. 1 to 17, Ch. 1963; Sec. 10, Ch. 156, L. 1965), rehiting to 

168, L. 1907; Sec. 1, Ch. 6, L. 1909; Sees. ex:munations and speeilications of voting 

1 to 3, Ch. 99, L. 1909; Sees. 1 to 4, Ch. readiness and the conduct of election when 

246, L. 1921; Sec. 1, Ch. 31, L. 1935; Sees. "sed, were repealed by Sec. 248, Ch. 368, 

1 to 4, Ch. 19, L. 1943; Sec. 1, Ch. 26, L. Lii"s 1969. 



CHAPTER 17 

ELECTION RETURNS 
(Repealed — Section 248, Chapter 368, Laws of 1969) 

23-1701 to 23-1715. (774 to 782, 784 to 789) Repealed. 

Repeal L. 1945; Sees. 12 to 16, Ch. 64, L. 1959; 

Sections 23-1701 to 23-1715 (Sees. 22 Sec. 17, Ch. 42, L. 1963), relating to 

to 25, p. 380, Bannaek Stat.; Sec. 30, p. canvass of votes by judges of elections 

143, L. 1889; Sees. 1400 to 1408, 1410 to ^^"^ t'le disposition and custody of returns 

1415, Pol. C. 1895; Sees. 6 to 10, Ch. ^^'t^r^ repealed by Sec. 248, Ch. 368, Laws 

88, L. 1907; Sec. 1, Ch. 112, L. 1937; Sec. 1^69. 
1, Ch. 65, L. 1943; Sees. 1 to 3, Ch. 23, 



CHAPTER 18 

CANVASS OF ELECTION RETURNS— RESULTS AND CERTIFICATES 

(Repealed— Section 13, Chapter 194, Laws of 1967; Section 248, Chapter 368, 

Laws of 1969) 

23-1801 to 23-1819. (790 to 808) Repealed. 

Repeal Sees. 8, 9, Ch. 194, L. 1967), relating to 
Si-ctions 23-1801 to 23-1819 (Sees. 2 ^he county and state canvass of returns, 
to 15, 17, 18, pp. 299 to 305, L. 1891; ^1'^ issuance of certificates and conunis- 
Secs. 1170, 1430 to 1444, 1448 to 1450, «'0"s, and the duty of the secretary of 
Pol. C. 1895; Sec. 1, Ch. 84, L. 1909; ^^'i^^-' to print tlie election laws, were re- 
Sec. 1, Ch. 55, L. 1949; Sec. 1, Ch. 50, L. pealed by Sec. 13, Ch. 194, L:.us 1967; 
1959; Sec. 1, Ch. 87, L. 1959; Sec. 16, See. 248, (^h. 368, Laws 1969. 
Ch. 97, L. 1961; Sec. 18, Ch. 42, L. 1963; 



CHAPTER 19 

FAILURE OF ELECTIONS— PROCEEDINGS ON TIE VOTE 
(Repealed — Section 248, Chapter 368, Laws of 1969) 

23-1901 to 23-1904. (809 to 812) Repealed. 

Repeal relating to tie votes for representatives in 

Sections 23-1901 to 23-1904 (Sec. 16, Congress, state ofliceis, and .iudieial of- 

p. 305, I>. 1891; Sees. 1171, 1445 to 1447, ticers, were repealed bv Sec. 248, Ch. 368, 

Pol. C. 1895; Sec. 10, Ch. 194, L. 1967), Laws 1969. 

186 



CONVENTIONS — CONSTITUTIONAL AMENDMENTS 23-2411 

CllAPTEl'i L»() 

NONPARTISAN NOMINATTUN AND ELKi'TION nV JFUGES OF 
SUPKEMK COURT AND DISTRICT COURTS 

(Repealed— Se«tinn .5, c'liaiiter L'n, L.nvs nf 1059; Section 248, Chapter 3G8, 

Jiaws of IDG')) 

23-2001 to 23-2014. (812.1 to 812.11, 812.13 to 812.15) Repealed. 

Repeal tisan noniiii.ition atul election of district 

Sections 2.3-2001 to 2.3-2014 (Sees. 1 to <'"i"t ainl supreme court judges, were re- 

11, i;; to 1."), CIi. 182, L. H».H.-); Sees. 2 to IH'mIo.I l)y Sec. 3, Cli. 20, Laws !!);")!»; Sec. 

4, Ch. 22!), L. liXil), relating to nonpar- - IS, Cli. ;{(i8, Laws 19(iS). 

CHAPTER 21 

PRESIDENTIAL ELECTORS, HOW CHOSEN— DUTIES 

(Repealed— Section 248, Chapter 3G8, Laws of 1969) 

23-2101 to 23-2111. (813 to 823) Repealed. 

Repeal 1933; See. 1, Ch. 15, L. 1933; Sec. 1, Ch. 

Sections 23-2101 to 23-2111 (Sees. 1 to 33, L. 1935), relating to election and duties 

5, 7, pp. 173, 174, L. 1891; Sees. 1460 of presidential electors, were repealed by 
to 1470, Pol. C. 1895; Sec. 1, Ch. 4, L. Sec. 248, Ch. 368, Laws 1969. 

CHAPTER 22 

MEMBERS OF CONGRESS— ELECTIONS AND VACANCIES 
(Repealed— Section 248, Chapter 368, Laws of 1969) 

23-2201 to 23-2206. (824 to 828) Repealed. 

Repeal L. 1915; Sec. 1, Ch. 146, L. 1965), re- 
Sections 23-2201 to 23-2206 (Sees. 2, 3, lating to elections and vacancies in office 
p. 306, L. 1891; Sees. 1480, 1481, 1490 of members of Congress, were repealed 
to 1492, Pol. C. 1895; Sees. 1, 2, Ch. 126, ^JJ Sec. 248, Ch. 368, Laws 1969. 

CHAPTER 23 

RECOUNT OF BALLOTS— RESULTS 
(Repealed— Section 248, Chapter 368, Laws of 1969) 

23-2301 to 23-2323. (828.1 to 828.7, 829) Repealed. 

Repeal 42, L. 1963), relating to recounts of bal- 

Sections 23-2301 to 23-2323 (Sees. 1 to lots, were repealed by Sec. 248, Ch. 368, 
7, Ch. 27, L. 1935; Sees. 1 to 15, Ch. ^-aws 1969. 

CHAPTER 24 

CONVENTIONS TO RATIFY PROPOSED AMENDMENTS TO 
CONSTITUTION OF THE UNITED STATES 

(Repealed— Section 248, Chapter 368, Laws of 1969) 

23-2401 to 23-2411. (829.1 to 829.11) Repealed. 

Repeal tification of proposed amendments to the 

Sections 23-2401 to 23-2411 (Sees. 1 to 11, <'onstitution of the United States, w-ere 

Ch. 188, L. 1933; Sees. 11, 12, Ch. 194, repealed by Sec. 248, Ch. 368, Laws 1969. 

L. 1967), relating to conventions for ra- 

187 



23-2501 ELECTIONS 

CHAPTER 25 

ELECTRONIC VOTING SYSTEMS 
(Repealed— Section 248, Chapter o6S, Laws of 1969) 

23-2501 to 23-2507. Repealed. 

Repeal --". L. VJ67) rehiting to the use of elec- 

Sections 23-2.501 to 23-2507 (Sees. 1, 2, ^'""'^.o'^.Vu"^,^'^ '/^"'"'.Tr ''*^1'^^^^'^ ^^ 
4 to 8, Ch. 20, L. 196.5; Sees. 1, 2, Ch. Sec. 248, Ch. 368, Laws 1909. 

CHAPTER 26 

DEFINITIONS AND GENERAL PROVISIONS 

Section 

23-260]. Definitions. 

23-2602. Election to be by ballot. 

23-2603. Determination of candidate elected. 

23-2604. General election, when to be held. 

23-2605. Time of opening and closing of polls. 

23-2606. Penalty for violation of act. 

23-2601. Definitions. As used in this act, unless the context clearlj^ 
indicates otherwise : 

(1) "Election" means a general, special, primary nominating, municipal 
election, or an election in a school district. 

(2) "General election" means an election held for the election of 
officers throughout the state at times specified by law. 

(3) "Special election" means an election called by the proper author- 
ities to fill vacancies or to raise money. 

(4) "Vacancy" means an office which does not have an incumbent 
who has a right to exercise its functions and take its fees or emoluments. 

(5) "Primary" or "primary election" means a statutory procedure 
for nominating candidates to public office at the polls. 

(6) "Party" means any political organization Avhich at the last pre- 
ceding election for governor polled at least three per cent (3%) of the 
votes for governor. 

(7) "Taxpayer" means a person who has paid a tax on property as- 
sessed on a county or city assessment roll next preceding the election at 
which a question is to be submitted to the vote of the taxpayers. 

(8) "Registrar" means the county clerk and recorder and any regularly 
appointed deputy clerk and recorder. 

(9) "Commissioners" means the board of county commissioners. 

(10) "City" means any incorporated city or town. 

(11) "Council" means an}' municipal council or commission. 

History: En. Sec. 1, Ch. 368, L. 1969. Title of Act 

An act for the codification and general 
Compiler's Note revision of the laws relating to the elec- 
Chapter 368, Laws 1969 provided: "It tion laws of the state of Montana; repeal- 
is the intent of the legislative assembly ing sections 23-101 through 23-106, 23-201 
that all nonamendatory sections of this through 23-202, 23-301 through 23-311, 23- 
bill be codified in Title 23, Revised Codes 401 through 23-407, 23-501, 23-501.1, 23- 
of Montana, 1947." 502 through 23-534, 23-601 through 

188 



DEFINITIONS AND GENERAL PROVISIONS 



23-2605 



23-604, 23-604.1, 23-604.2, 23-605 through 
23-612, 23-701 through 23-713, 23-801 
through 23-820, 23-901 through 23-929, 
23-931, 23-933 through 23-936, 23-1001, 23- 
1008 through 23-1009, 23-1101 through 23- 
1107, 23-1109 through 23-1117, 23-1201 
through 23-1228, 23-1301, 23-1302(1), 23- 
1302(2), 23-1303, 23-1303.1, 23-1304 through 
23-1321, 23-1401 through 23-1406, 23-1501 
through 23-1503, 23-1601 through 23-1608, 
23-1608A, 23-1609 through 23-1618, 23- 



1701 tlirough 23-1715, 23-1801 tlirough 23- 
1808, 23-1812 through 23-1819, 23-1901 
through 23-1904. 23-2001 through 23-2012, 
23-2014, 23-2101 through 23-2111. 23- 
2201 through 2206, 23-2301 through 23- 
2323, 23-2401 through 23-2411, 23-2501 
through 23-2507, R. C. M. 1947. 

Cross-References 

Election offenses and corrupt practices, 
sec. 94-1401 et seq. 



DECISIONS UNDER FORMER LAW 



"General Election" 

A general election is one held for the 
election of officers throughout the state. 
State ex rel. Rowe v. Kehoe, 49 M 582, 
591, 144 P 162. 

"Special Election" 

A special election is one held to supply 
a vacancy in a public office, or one in 
which is submitted to the electors a prop- 
osition to raise money for any public 
improvement. State ex rel. Rowe v. Kehoe, 
49 M 582, 591, 144 P 162. 



"Vacancy" 

The word vacancy as applied to a pub- 
lic office has no technical meaning, and it 
is not to be taken in a strict technical 
sense in every case. It may be said that an 
office is vacant when it is empty and with- 
out an incumbent who has a right to ex- 
ercise its functions and take its fees or 
emoluments even though the vacancy, is 
not a corporal one. "An office without an 
incumbent is vacant." LaBorde v. McGrath 
116 M 283, 292, 149 P 2d 913. 



23-2602. Elections to be by ballot. All elections shall be by ballot. 
History: En. Sec. 2, Ch, 368, L. 1969. 

23-2603. Determination of candidate elected. The person receiving the 
highest number of votes for any office at an election is elected to that office. 
History: En. Sec. 3, Ch. 368, L. 1969. 

23-2604. General election, when to be held. A general biennial election 
shall be held throughout the state in every even-numbered year on the 
first Tuesday after the first Monday of November. 
History: En. Sec. 4, Ch. 368, L. 1969. 

Cross-References 



Cities and towns, elections of officers, 
sees. 11-701 to 11-734. 



Corrupt Practices Act, sees. 94-1427 to 
94-1474. 

Election law violations, sec. 94-1401 et 
seq. 

Initiative and referendum, sec. 37-101 
et seq. 



23-2605. Time of opening and closing of polls. (1) Except as pro- 
vided in subsection (2) of this section: 

(a) The polls must be opened at 8 a. m. on the morning of election 
day, and must be kept open continuously until 8 p. m. of that day; 

(b) In precincts having less than one hundred (100) registered electors, 
the polls must be opened at 1 p. m. and closed at 8 p. m. of that daj'; 

(c) Whenever all registered electors in any precinct have voted, the 
polls shall be closed immediately. 

(2) If a special election is held by a county, city, high school 
district, or school district on the question of incurring an indebtedness or 
making a si)ecial or additional levy for any purpose, the polls sliall open 
at 12 noon and be kept open continuously until 8 p. m. However, tlie 
poll hours shall be as specified in subsection (1) of this section if the 

189 



23-2606 ELECTIONS 

election is held on the same day, at the same polling places, and with the 
same judges and clerks as a general, county, school, or city election. 

History: En. Sec. 5, Ch. 368, L. 1969. Local option elections, state Liquor Con- 
trol Act, sec. 4-142 et seq. 

Cross-References Retail liquor licenses, local option elec- 

Airport bonds, sec. 1-804. tion, sees. 4-431 to 4-437. 

Beer, local option elections, sec. 4-350 School bonds, sees. 75-3901 to 75-3944, 

et seq. 75-4112, 75-4113, 75-4115 to 75-4118, 75- 

Cities and towns, bond elections, sees. 4601 to 75-4606. 

11-2301 to 11-2330. School taxation, sees. 75-3801 to 75-3805. 

County bonds and warrants, sees. 16- 
■2001 to 16-2050. 

23-2606. Penalty for violation of act. Anyone who violates any pro- 
vision of this act for which no other penalty is specified is guilty of a 
misdemeanor. 

History: En. Sec. 247, Ch. 368, L. 1969. Disclosing contents of ballot after mark- 

ing, penalty, sec. 94-1414. 
Cross-References Electioneering by election officials, pen- 

Bribery at elections, penalty, sec. 94- alty, 94-1413. 
1423. False nomination certificate, penalty, 

sec. 94-1412. 



CHAPTER 27 
QUALIFICATIONS AND PRIVILEGES OF ELECTORS 

Section 

23-2701. Qualifications of voter. 

23-2702. Qualifications of electors at elections on incurring state indebtedness. 

23-2703. Elector who is registered in one county and listed on assessment roll of 
another county entitled to vote on state debt or tax levy — receipt — cer- 
tificate — registrar's duties. 

23-2704. Notice and closing of registration for elections on incurring of state in- 
debtedness other than for refunding or levy of tax. 

23-2705. Privilege from arrest. 

23-2701. Qualifications of voter. (1) Except as provided in section 
23-2702, every person, if registered as required by law, is entitled to vote 
at all general and special elections for all officers which are elective, and 
upon all questions submitted to the vote of the people if he has the follow- 
ing qualifications : 

(a) He must be twenty-one (21) years of age; 

(b) He must have resided in the state one (1) year and in the county 
thirty (30) days immediately preceding the election at which he offers to 
vote; 

(e) He must be a citizen of the United States. 

(2) No person convicted of a felony has the right to vote unless he 
has been pardoned. 

(3) No person adjudicated insane has the riglit to vote unless he has 
been restored to capacity as provided by law. 

History: En. Sec. 6, Ch. 368, L. 1969. of voting for someone; hence if it is the 



Voting for Deceased Candidate 



purpose of voters to defeat a certain can- 
didate, that ]iurposo can be accomplished 



The casting of a ballot at an election only by voting for some person in opj'osi- 
of i)ublic officers is an affirmative, not a tion to him, .■ind not by voting for a per- 
negative, act — an act done with intention son who died some weeks before election 

190 



QUALIFICATIONS AND PRIVILEGES OF ELECTORS 23-2704 

with I he cxiHct;!! inn tli;it the \(i(t' i'at<t f"r iiiiik'r si'ilioii )1, urtidc IX of flic cdii- 

him vvoulcl be counted ;is opposed to the stitutioii, a voter may cast Jiia ballot, 

person sought to be defeated; one who State ex rel. Wolff v. Gucrkink, 111 M 

has died is no longer a person for whom, 417, 426, 109 P 2d 1094, 133 ALR 304. 

23-2702. Qualifications of electors at elections on incurring state indebt- 
edness. If an eloctiun is lield on the question of incurring a state debt, 
issuing bonds or debentures by the state other than refunding bonds or 
debentures, or the levy of a state tax for any purpose, persons must meet 
the requirements of section 23-2701 to vote, be a taxpayer on i)roperty 
in the state, and be listed on the last completed assessment roll of a county 
for state, county, and school district taxes. 

History: En. Sec. 7, Ch. 368, L. 1969. 

23-2703. Elector who is registered in one county and listed on assess- 
ment roll of another county entitled to vote on state debt or tax levy — 
receipt — certificate — registrar's duties. (1) If an elector is registered in 
a county where his name does not appear on the last completed assessment 
roll but his name does appear on the last completed assessment roll of an- 
other county, he is entitled to vote on a state debt or tax levy in the precinct 
in which he is registered if he presents to the registrar of the county 
in which he is registered before close of registration : 

(a) A receipt from the treasurer of the county in which he appears on 
the last assessment roll showing payment of the taxes, or, 

(b) A certificate from the treasurer of that county certifying that he 
is assessed with property, but that the taxes have not yet been paid. 

(2) The certificate must be dated, numbered, name the elector, de- 
scribe the property assessed, show the amount of taxes, and be signed by 
the county treasurer. The treasurer must keep a duplicate on file. 

(3) Whenever a certificate or receipt from the county treasurer is 
presented, the registrar shall : 

(a) Enter the elector's name in the pollbook of electors entitled to 
vote on the question ; 

(b) Enter in the pollbook the date and number of the tax receipt 
or certificate and tlie county in which issued. 

(4) An elector meeting these qualifications is entitled to a ballot. 
History: En. Sec. 8, Ch. 368, L. 1969. 

23-2704. Notice and closing of registration for elections on incurring 
of state indebtedness other than for refunding or levy of tax. (1) If 
the question of state indebtedness, issuance of bonds or debentures other 
than for refunding, or the levy of a tax for state purposes, is submitted 
at an election other than a general biennial election, the registrar of each 
county shall publish in the ofiicial county newspaper, a notice signed by 
him, stating that registration will close at noon on the fortieth (40th) 
day prior to the date of the election unless the act providing for the 
submission of the question fixes a dift'erent time for the giving of notice. 
The notice shall be published ten (10) days or more prior to the date 
when registration will be closed unless the act providing for submission of 
the question fixes a different time for closing registration. 

191 



23-2705 ELECTIONS 

(2) It" tli(> (|U''.stiuii is t(t be submitted at a gt'in-ral biennial oleetion, 
notice and the closing of registration .shall be govprned by the lav.'s apply- 
ing to general biennial elections. The provisions of section 37-107. R. C. M. 
1947 apply U> tlie printing and distribution of copies of the proposed law. 

History: En. Sec. 9, Cli. 368, L. 1UG9. tliciTf'orr it, should Iiavp Ix'oii pljuud upon 

.•I. sei);aatc liallot, is waived if not raised 
Oljjection Waived before the election. State ex rel. Graham v. 

The objection that a measure creates Board of Examiners, 125 M 419, 239 P 2d 
a state debt, levy, or liability, and that 283, 290, 

23-2705. Privilege from arrest. Electors are privileged from arrest 
during tlieir attendance at elections and in going to and from voting 
places except in cases of treason, felony, or breach of the peace. 
History: En. Sec. 10, Ch. 368, L. 1969. Cross-Reference 

Persons exempt from arrest, sec. 95-616. 

CHAPTER 28 

PUBLICATION or QUESTIONS SUBMITTED TO POPULAR VOTE 

Section 

23-2801. Advertisement of questions to be submitted. 

23-2802. Publication and printing of amendments to constitution. 

23-2801. Advertisement of questions to be submitted. Questions to be 
submitted to the people of the county or city must be advertised by publi- 
cation in at least one (1) newspaper within the county or city once a 
week for two (2) successive weeks. One (1) of the publications must be 
upon the last day the newspaper is issued before the election. 

History: En. Sec. 11, Ch. 368, L. 1969. 

23-2802. Publication and printing of amendments to constitution. If a 
proposed constitutional amendment or amendments are submitted to the 
people, the secretary of state shall : 

(1) Have the proposed amendment or amendments published in full 
once a week in one (1) newspaper in each county (if such there be) for 
four (4) weeks prior to the next general biennial election ; 

(2) Have a pamphlet printed containing an exact copy of the pro- 
posed amendment or amendments, an exact copy of existing constitutional 
provisions to be revised, and the amendment or amendments in the form 
in which it or they will be printed on the official ballot. The printed 
pamphlets shall be distributed as provided in section 37-107, R. C. M. 1947. 

History: En. Sec. 12, Ch. 368, L. 1969. and constitutional measures to be prepared 

bv attorney general, sec. 37-104.1. 
Cross-Reference 

Explanation of initiative, referendum 



DECISIONS UNDER FORMER LAW 



Referendums 



to general election of legislative acts re- 
Legislature, by repealing section 537, ferred to the people by the legislature, 
R. C. M. 1935 and leaving in effect section or the governor's proclamation that such 
requiring publication of proposed con- act would be voted upon at such election, 
stitutional amendments, indicated its in- Nordquist v. Ford, 112 M 278, 283, 114 
tent to dispense with publication prior P 2d 1071. 

192 



PROCLAMATIONS AND PUBLICATIONS 23-2903 

CIIAPTP]R 29 

PEOCLAMATIONS AND PUBLICATIONS 

Sootion 

-3-l!9UL Election proclamation by the governor — contents. 
23-2902. Publication aiul posting by county conmiissioncrs, 
23-2903. Election proclamation by county commissioners. 

23-2904. Copies of election laws to be furnished registrar — registrar to distribute to 
precincts. 

23-2901. Election proclamation by the governor — contents. Sixty (60) 
days or more before a general election, the governor shall issue an election 
proclamation and transmit a copj^ to each board of county commissioners. 
Tlie proclamation shall contain: 

(1) A statement of the time of the election and the offices to be filled; 

(2) An offer of rewards stating: "There is a reward of one hundred 
dollars ($100) for the arrest and conviction of any person violating any 
of the provisions of sections 94-1401 through 94-1424, R. C. M. 1947. Re- 
wards will be paid until the total amount expended reaches the sum of 
five thousand dollars ($5,000). 

History: En. Sec. 13, Ch. 368, L. 1969. governor giving notice of a general elec- 
tion, that among other officers there was 
Office Not Mentioned to },e elected "also a district judge, in any 
The governor issued his proclamation judicial district where a vacancy may ex- 
giving notice of a general election and ist," Avas not such a notice of the neces- 
omitted therefrom the mention of an elec- sity of filling a vacancy by election. State 
tion of three judges for the second ju- ex rel. Patterson v. Lentz, 50 M 322, 343, 
dicial district, and called for the election 146 P 932. 

of two judges. Upon mandamus proceed- The governor's proclamation should 

ings against the governor, the relator state the offices to be filled, especially 

claimed that three judges should have been where a state office, such as a judgeship, 

mentioned in the proclamation, and that held by his appointee, is to be filled; but, 

he was elected and entitled to receive from if the people have actual notice that a 

the governor a commission as judge. As judge is to be elected and indicate their 

it failed to appear that the electors voted choice, no insufficiency of notice, in the 

for more than two candidates for judge- governor's proclamation, of a vacancy in 

ships, the petition was dismissed. State that office, in any particular district, or 

ex rel. Breen v. Toole, 32 M 4, 8, 79 P other informality in the election, will suf- 

403. fice to defeat their will, as expressed by 

their votes. State ex rel. Patterson v. 



o 



I 

I 



Sufficiency of Notice Lentz, 50 M 322, 343, 146 P 93 

A statement in the proclamation of the 

23-2902. Publication and posting- by county commissioners. When a 
proclamation prescribed by section 23-2901 is received, the commissioners 
shall have a copy published in a newspaper published in the county if 
a newspaper is published therein, otherwise in a newspaper of general 
circulation therein, and shall post a copy ten (10) days or more before 
the election at each polling place. 
History: En. Sec. 14, Ch. 368, L. 1969. 

23-2903. Election proclamation by county commissioners. When a spe- 
cial election is ordered by the commissioners, they must issue an election 
pi'oclaiiiiitiod colli aiiiiiig IIk^ statement contained in 28-2901 (1). The 
statement iiiust be published and posted in the same manner as a j)roc]ama- 
lion issued by 1li(> p'o^'ernor. 

193 



23-2904 



ELECTIONS 



History: En. Sec. 15, Ch. 368, L. 1969. 

Notice Not Proclamation 

The notice of election does not take the 
place of the election proclamation. Evers 
V. Hudson, 36 M 135, 154, 92 P 462. 

Public Improvements 

Prior section had no reference to elec- 
tions held for raising money for public 
improvements. The power conferred in this 
behalf is exercised under special provisions 



on the subject, found in that part of the 
codes relating to county government. State 
ex rel. Rowe v. Kehoe, 49 M 582, 592, 
144 P 162. 

Vacancies 

In case of vacancies in county offices, 
boards of county commissioners have the 
power, and it is their duty, to call and pro- 
vide for tlie holding of special elections to 
fill them. State ex rel. Eowe v. Kclioe, 
49 M 582, 592, 144 P 162. 



23-2904. Copies of election laws to be furnished registrar — registrar 
to distribute to precincts. The secretary of state shall publisli copies of 
the election laws and laws which relate to elections. He shall transmit 
sufficient copies to each registrar. The registrar shall furnish each election 
precinct in his county with two (2) copies. 
History: En. Sec. 16, Ch. 368, L. 1969. 



CHAPTER 30 

EEGISTRATION OF ELECTORS 

Section 

23-3001. Highway patrol to submit new-voter lists to major political parties. 

23-3002. County clerk as county registrar. 

23-3003. Notaries public as deputy registrars — appointment of additional deputies — 

qualifications — duties. 
23-3004. Registry book and card index. 
23-3005. Hours of registration — registration cards. 
23-3006. Method of registering — absent electors in the United States service — felony 

provisions. 
23-3007. Registration of infirm elector at his residence. 
23-30U8. Procedure when prospective voter not qualified at time of registration — 

United States citizenship necessary. 
23-3009. Transferring registration to another precinct. 
23-3010. Procedure for transferring registry. 
23-3011. Inquiry as to previous registration — procedure. 

23-3012. Lists of registered electors — precinct register — indication of taxpayer electors. 
23-3013. Cancellation of registry for failure to vote — reregistration — cancellation of 

registry of elector in United States service. 
23-3014. Cancellation of registry for other reasons- — reregistration. 
23-3015. Challenges prior to election — registrar's duties — challenges on election day — 

election judges' duties. 
23-3016. Close of registration — procedure. 

23-3017. Registration while registry closed preceding election. 
23-3018. Name on precinct register prima facie evidence of right to vote — elector's 

identity — election judges' duties as to precinct register. 
23-3019. Joinder of parties in proceedings to compel registrar to enter name in 

precinct register. 
23-3020. Erroneous omission of name from precinct register — Certificate. 
23-3021. Registration by naturalized citizen. 
23-3022. Residence, rules for determining. 

23-3023. Printing of list of electors shown on precinct registers. 
23-3024. Preparation of precinct register. 
23-3025. Attempting to vote at another polling place after vote has l)een rejected 

a misdemeanor. 
23-3026. Commissioners to provide registrar with sufficient help. 
23-3027. Charges to city or school district — warrant — wlicii no iirecinct registers 

required. 
23-302.S. (\>])it's of prci-inct rcgisli-rs .ax a il.ililc to any person u|ioti wtiffcii re(|iiesf — - 

di.-irge. 
23-3029. Violations of act, penalty for. 

194 



I 



REGISTRATION OF ELECTORS 23-3005 

23-3001. Highway patrol to submit new-voter lists to major political 
parties. No later than .lanuary 31 in any year in Avliich a jroneral election 
is held, the Montana higliway patrol shall submit to the chairman of each 
major political party of the state, a list prepared from its driver license 
registration fik\s, showing names and addresses of all persons who have 
reached voting age since the last general election or Avho will reach voting 
age before tlie date of the general election. No official of the Montana 
higliway patrol shall be responsible for any honest error or omission in 
preparing the lists. 

History: En. Sec, 17, Ch. 368, L. 1969. 

23-3002. County clerk as county registrar. (1) Each county clerk 
and recorder is ex officio county registrar. He shall : 

(a) Serve without extra pay or compensation; 

(b) Have custody of registration books, cards, and other records 
provided for by this act. 

(2) The official register of electors is an official record of the county 
clerk and recorder. 

History: En. Sec. 21, Ch. 368, L. 1969. 

23-3003. Notaries public as deputy registrars — appointment of addi- 
tional deputies — qualifications — duties. (1) All notaries public are deputy 
registrars in the county in which they reside. They may register electors 
residing in any precinct Avithin the county. 

(2) The commissioners shall appoint two (2) deputy registrars who 
are not notaries public, one (1) from each of the two (2) major political 
parties, for each precinct in the county from lists of persons recommended 
by the political parties. If the parties fail to submit lists, the commis- 
sioners shall appoint deputy registrars without recommendations from 
the parties. A deputy registrar shall : 

(a) Be a qualified taxpaying resident elector in the precinct for 
which he is appointed; 

(b) Kegister electors residing in any precinct in the county. 

(3) Not less than three (3) days after a registration card is filled out, 
deputy registrars shall forward the card to the registrar. 

History: En. Sec. 22, Ch. 368, L. 1969. 

23-3004. Registry book and card index. The registrars shall keep an 
official register in a manner which each registrar deems the most efficient. 
A card index shall be kept by the registrar and sliall at all times be in the 
custody of the registrar. The form and information recorded in the regis- 
try book and on the registry cards shall be designated by the secretary of 
state. 

History: En. Sec. 23, Ch. 368, L. 1969. 

23-3005. Hours of registration — registration cards. (1) The regis- 
trar's office shall be open for voter registration from 8 a. m. until ') p. m. on 
all regular working days except legal holidays as defined by section 1!)- 

195 



23-3006 ELECTIONS 

107, R. C. M. 1947, except that the registrar's office shall be kept open on 
election day during the hours when the polls are open. 

(2) Registration cards shall be numbered consecutively in order of 
receipt. 

(3) The registrar shall classify registration cards by precinct and 
arrange the cards for each precinct in alphabetical order, 

(4) The cards for each precinct shall be kept in a separate file. 

(5) Immediately after filling out a registration card, the registrar shall 
enter the information in the official register of the county in the proper 
precinct. 

History: En. Sec. 24, Ch. 368, L. 1969. 

23-3006. Method of registering — absent electors in the United States 
service — felony provisions. (1) An elector may register by appearing 
before the registrar or deputy registrar in the county in which he resides 
and by : 

(a) Answering any questions asked by the registrar concerning items 
of information called for by registry cards ; 

(b) Signing and verifying or affirming the affidavit or affidavits on 
the back of the card. 

(2) Any elector in the United States service who is absent from the 
state and the county of which he is a resident may register by: 

(a) Mailing the registry card filled out and signed under oath to 
the registrar, or 

(b) Mailing the federal post card application filled out and signed 
under oath to the registrar. 

(3) A person is guilty of a felony and upon conviction shall be im- 
prisoned in the state prison for not less than one (1) nor more than three 
(3) years, if: 

(a) He falsely personates another and causes the person so personated 
to be registered ; or, 

(b) Falsely represents his name or other information required by 
registration to any registrar or deputy registrar and causes his name to 
be registered; or, 

(c) Causes any name to be placed upon the registry lists other than 
in the manner provided by this act. 

History: En. Sec. 25, Ch. 368, L. 1969. 

23-3007. Registration of infirm elector at his residence. (1) If an 
elector is unable to appear before the registrar or a deputy registrar be- 
cause of i)iiysical infirmity, he may send written notice to the registrar or 
to a deputy registrar asking tliat his registration be made at his residence. 
(2) No person is oitilled to receive reimbursement for expenses 
incurred in complying with this section. 
History: En. Sec. 26, Ch. 368, L. 10(10. 

23-3008. Procedure when prospective voter not qualified at time of 
registration — United States citizenship necessary. (1) A person who is 

196 



REGISTRATION OF ELECTORS 23-3011 

not cli^iihlc t(.> n';^'isl('i- bcciiusc of residence r(>(|uii-eiiieii1s but wlio will be 
eligible on or b(4"ore oleetion day, may rcjiistcr willi the registrar if he 
answers the questions of the registrar and it appears that he will become 
qualified to vote by election day. 

(2) A person sliall not be permitted to register until he attains United 
States citizenship. 
History: En. Sec. 27, Ch. 368, L. 1969. 

23-3009. Transferring registration to another precinct. If an elector 
changes his residence, he may transfer his registration to the new precinct 
by: 

(1) Executing in person a new registry card before a deputy regis- 
trar of the new precinct, and the deputy registrar shall not receive com- 
pensation for this service, or 

(2) Making a request in writing to the registrar in a form prescribed 
by the secretary of state. 

History: En. Sec. 28, Ch. 368, L. 1969. 

23-3010. Procedure for transferring registry. (1) When a request to 
transfer registry is received, the registrar shall compare the elector's 
signature on the request with his signature on the registry card and may 
question the elector on any information shown on the registry card. 

(2) If the registrar is satisfied, he shall endorse on the registry card 
the date of the transfer and the precinct to which transferred. 

(3) The registrar shall file the registry card in the register of the 
precinct of the elector's residence, or in the register of the precinct of 
transfer, and transfer the elector's name to the proper precinct in the 
register. 

(4) Where the elector changes his place of registration as provided 
in section 23-3009 (1), the registrar shall file the new card in the register 
of the precinct of the elector's present residence and transfer the elector's 
name to the proper precinct in the register. The old registration card 
shall be marked ''canceled" and placed in the "canceled file." 

History: En. Sec. 29, Ch. 368, L. 1969. 

23-3011. Inquiry as to previous registration — procedure. (1) The 
registrar shall question each person registering to ascertain whether he 
has previously registered in this state. If the person has previously regis- 
tered, the registrar shall enter his name in a separate file which is indexed 
by counties. Cards for this purpose shall be in the form prescribed by the 
secretary of state. 

(2) Not more than three (3) days after closing the registration books, 
the registrar shall forward the cards to the registrar where the applicant 
previously voted by registered or certified mail. The delivery receipt shall 
be kept on file with other election records. 

(3) Upon receiving notice to cancel the registration of an elector, the 
registrar shall immediately draw red lines through the elector's name in 
the register and on the registration card. 

History: En. Sec. 30, Ch. 368, L. 1969. 

197 



23-3012 ELECTIONS 

23-3012. Lists of registered electors — precinct register — indication of 
taxpayer electors. (1) Immediately after registration is closed, the regis- 
trar shall prepare lists of all registered electors. He shall also prepare a 
precinct register for each precinct and deliver it to the judges of election 
prior to the opening of the polls. 

(2) The registrar shall stamp "taxpayer" beside the name of an elec- 
tor who is a taxpayer to shoAV he is qualified to vote in an election for 
the incurring of a state debt, issuance of bonds or debentures by the state, 
or the levying of a state tax. No other evidence is necessary to show that 
the elector is a taxpayer. 

History: En. Sec. 31, Ch. 368, L. 1969. 

23-3013. Cancellation of registry for failure to vote — reregistration — 
cancellation of registry of elector in United States service. (1) Except 
as provided in subsection (3) of this section, immediately after every gen- 
eral biennial election, the registrar shall : 

(a) Compare the electors who have voted in each precinct, as shown 
by the official pollbooks, with the official register of each precinct; 

(b) Remove the registry cards of all electors who failed to vote, mark 
each card "canceled," and place canceled cards for the entire county in 
alphabetical order in the "canceled file" ; 

(c) Notify each elector in writing before the thirty-first day after 
cancellation by sending notice to his post-office address as shown on the 
election records. 

(2) An elector whose card is removed and canceled may register in 
the same manner as his original registration was made. 

(3) The registration of an elector in the United States service may be 
canceled upon failure to vote in the previous two (2) general elections. 

History: En. Sec. 32, Ch. 368, L. 1969. 

23-3014. Cancellation of registry for other reasons — reregistration. 

(1) The registrar shall cancel any registration card: 

(a) At the written request of the person registered; 

(b) When a certificate of the death of any elector is filed; 

(c) Within forty-five (45) days prior to the closing of registration 
three (3) qualified registered electors residing within the precinct may 
challenge an elector by filing affidavits giving the name of the challenged 
elector, his registry number, his residence, and stating of the personal 
knowledge of the affiant the person registered does not reside at the place 
designated on his registration card ; 

(d) When the insanity of the elector is legally established; 

(e) If a certified copy of a final judgment of conviction of any elector 
of a felony is filed ; 

(f) If a certified copy of a court order directing the cancellation is 
filed with the registrar. 

(2) Within thirty (30) days after registration has been canceled, the 
registrar shall send written notice to the elector at the address shown on 

198 



REGISTRATION OF ELECTORS 23-3016 

tlif registration c'ar<l. 11' a prrsoii proves to the registrar that he is quali- 
fied, he may reregister. 

History: En. Sec. 33, Ch. 368, L. 1969. 

23-3015. Challenges prior to election — registrar's duties — challenges on 
election day — election judges' duties. (1) An elector may challenge the 
qualifications of another elector any time not later than twenty (20) days 
prior to an election. The challenge must : 

(a) Be filed with the registrar and be signed by the elector; 

(b) Be verified by the affidavit of the elector that the elector desig- 
nated is not entitled to vote; 

(c) State the grounds of the challenge, objection, and disqualification; 

(d) Notify the elector within five (5) days by registered United States 
mail that his qualifications as an elector have been challenged. 

(2) The registrar shall : 

(a) File the affidavit of challenge in his office; 

(b) Deliver a correct copy of the affidavit to the judges of election 
together with a copy of the precinct registers, check lists, and other 
documents ; 

(c) Write opposite the name of any person whose qualifications are 
challenged the words, "to be challenged." 

(3) An elector's right to vote may also be challenged on election day 
by any registered elector by orally stating to the election judges the grounds 
of the challenge. 

(4) The election judges shall : 

(a) Test the qualifications of the elector challenged under oath if he 
applies to vote; 

(b) Compare the answers of the elector with the entries in the precinct 
register books ; 

(c) Not permit him to vote if the elector is found to be disqualified 
because the answers given do not correspond to the entry in the precinct 
registers, or the elector is disqualified for any cause under the law, or he 
refuses to take an oath or affirmation as to his qualifications. 

(5) The election judges may require the challenged elector to produce 

one (1) or more elector of the county to be examined under oath as to 

the qualifications of the challenged elector, and may also request assistance 

from the county attorney and the registrar in determining the elector's 

qualifications. 

History: En. Sec. 34, Ch. 368, L. 1969. tlmn sixty dnys was required to lapse be- 
tween time an election was called and time 
Date for Holding Election it ^y.^^ ,,pi,| g^ate ex rel. Eagye v. Bawden, 

Under prior section, a period of not less 51 M 357, 361, 152 P 7G1. 

23-3016. Close of registration — procedure. (1) The registrar shall: 

(a) Close all registration for forty (40) days before any election; 

(b) Immediately after closing registration send the secretary of state 
a certificate showing the number of voters registered in each precinct in 
a county; 

199 



23-3017 ELECTIONS 

(c) Twenty (2U) days before the elosing, publish uulice in a newspaper 
of general circulation in the county specifying the day registration will 
close and post the notice in each precinct. The published notice shall con- 
tinue for a period of twenty (20) daj's. 

(2) The notice shall state that electors may register for the ensuing 
election by appearing before the registrar or before any deputy registrar 
as provided by law. 

History: En, Sec. 35, Ch. 368, L. 1969. 

23-3017. Registration while registry closed preceding election. During 
the time when the registry is closed preceding any election, a person may 
register and the registrar shall keep his registry card in a separate file until 
the official register is again open. At that time, all cards in the temporary 
file shall be placed in their proper position in the official register. 
History: En. Sec. 36, Ch. 368, L. 1969. 

23-3018. Name on precinct register prima facie evidence of right to 
vote — elector's identity — election judges' duties as to precinct register. 

(1) A person shall not vote at an election mentioned in this act unless his 
name appears on election day in the copy of the official precinct register 
furnished by the registrar to the election judges. The fact that his name 
appears in the copy of the precinct register is prima facie evidence of his 
right to vote. 

(2) If the election judges have good reason to believe, or if they are 
informed by a qualified elector that the person offering to vote is not the 
person registered in that name, he shall not be allowed to vote until he 
has proved his identity by the oath of two (2) reputable electors of the 
precinct in which he is registered. 

(3) The election judges in each precinct at every general or special 
election in a precinct register certified to them by the registrar shall : 

(a) Mark a cross (X) upon the line opposite the name of the elector; 

(b) Require the elector to sign his name upon one of the precinct 
registers ; 

(c) Require an elector, who is not able to sign his name, to produce 

two (2) electors Avho shall make an affidavit before the election judges in 

a form prescribed by the secretary of state. One of the election judges 

shall write on the affidavit the elector's name, note his inability to sign, 

and the names of the electors making affidavits. The affidavits shall be 

returned to the registrar with the other election records. 

History: En. Sec. 37, Ch. 368, L. 1969. mary election was the fault of the judges 

and not of the electors, and therefore 
Failure To Sign their votes were legal and properly count- 

Failure of the election judges of a pre- ed. Thompson v. Chapin, 64 M 37G, 383, 

cinct to require the electors to sign the 209 P lOGO. 

registry books before voting at a pri- 

23-3019. Joinder of parties in proceedings to compel registrar to enter 
name in precinct register. In any action or proceeding instituted in a 
district court to compel the registrar to enter the name of any elector in 
the precinct register, as many persons may be joined as plaintiffs for 

200 



REGISTRATION OF ELECTORS 23-3022 

cause of action and as many persons as there are causes of action may be 
joined as defendants. 

History: En. Sec. 38, Ch. 368, L. 1969. 

23-3020. Erroneous omission of name from precinct register — certificate. 

(1) An elector whose name is erroneously omitted from a precinct register 
or other election register may secure from the registrar a certificate of 
the error stating the precinct in which he is entitled to vote and present 
the certificate to tlie election judges which will entitle him to vote. 

(2) The certificate shall be marked "voted" by the election judges 
and returned by them with tlie precinct register. 
History: En. Sec. 39, Ch. 368, L. 1969. 

23-3021. Registration by naturalized citizen. When a naturalized 
citizen applies for registration, he must produce a certificate of naturaliza- 
tion or a certified copy upon which the registrar must enter the date and 
county where presented. The registrar must also enter the applicant's 
name. 

History: En. Sec. 40, Ch. 368, L. 1969. 

23-3022. Residence, rules for determining. For registration or voting, 
the residence of any person shall be determined by the following rules as 
far as they are applicable. 

(1) The residence of a person is where his habitation is fixed, and to 
which, whenever he is absent, he has the intention of returning. 

(2) A person may not gain or lose a residence while employed in the 
service of the United States or of this state, while a student at any institu- 
tion of learning, while kept involuntarily at anj'- public institution not 
necessarily at public expense, while confined in any public prison, or while 
residing on a military reservation. 

(3) A person in the armed forces of the United States may not become 
a resident in consequence of being stationed at a military facility in the 
state. A person may not acquire a residence by reason of being employed 
or stationed at a training or other transient camp maintained by the United 
States within the state. 

(4) A person does not lose his residence if he goes into another state. 
or other district of this state, for temporary purposes with the intention 
of returning unless he exercises the election franchise in the other state 
or district. 

(5) A person may not gain a residence in a county if he comes in for 
temporary purposes without the intention of making that county his home. 

(6) If a person moves to another state with the intention of making 
it his residence, he loses his residence in this state. 

(7) If a person moves to another state with the intention of residing 
there for an indefinite^ time, he l()S(>s liis residence; in this state even though 
lie intends to I'clurn to this st;itc ;it some future period. 

fS) The i»l;i('e where ii. in;in's fiiinily resides is pj'esuined liis j^hiee of 
i-esidenee. However, a jn;in wlto t;ikes up or continues liis residence ;it ;i 

201 



23-3023 



ELECTIONS 



place other than where his family resided with the intention of remaining, 
is a resident of the place where he resides. 

(9) A change of residence can only be made by the act of removal 
joined with intent to remain in another place. There can only be one 
residence. 

(10) The term of residence must be computed by including the day of 
election. 



History: En. Sec. 41, Ch. 368, L. 1969. 

Acts and Intent of Voter 

The residence of a voter is to be deter- 
mined from his acts and intent; but this 
fact, like any other fact involved in a civil 
action or proceeding, may be established 
by circumstantial evidence, and any dec- 
larations of the voter touching the sub- 
ject, if a part of the res gestae, or any 
declarations in disparagement of his right 
to vote, if made at or before the election, 
may be received in evidence. Sommers v. 
Gould, 53 M 538, 544, 165 P 599. 



Inapplicable to Licensing of Automo- 
biles 

Section prescribing the conditions de- 
termining the right to vote with respect 
to residence of the voter had no bearing 
upon the situs of one's property (an au- 
tomobile) or the ownership thereof for 
purpose of taxation, or licensing. Valley 
County V. Thomas, 109 M 345, 386, 97 
P 2d 345. 

Presumption 

Predecessor to subdivision (8) was held 
to be in reality a rule of evidence. Carwile 
v. Jones, 38 M 590, 602, 101 P 153. 



23-3023. Printing of list of electors shown on precinct registers. (1) 
The registrar shall have a list printed of all registered electors shown on 
the precinct registers of the county, city, or first class school district ten 
(10) days or more preceding any election. 

(2) The list shall show the name of the elector in full, the number 
and street of his residence if he resides within a city, his post-office address 
if he resides outside a city, and the registry number. 

(3) Ten (10) days or more before any election, a copy of the list of 
registered voters shall be posted in each precinct. Sufficient copies of the 
lists shall be retained by the registrar and furnished to an elector upon 
request. 

(4) If no declarations of nomination have been filed forty (40) days 
before a primary election for city offices, the city clerk shall immediately 
notify the registrar in writing and the list of registered electors for the 
city shall not be printed or posted. 

(5) The list of registered voters prepared for a primary election may 
be posted and used for the general election only if a supplemental list 
giving the names of electors who have registered after the first list was 
prepared is printed and posted. 

(6) The expense of printing this list shall be paid by the county, city, 
or school district, in which the election is to be held. 

History: En. Sec. 42, Ch. 368, L. 1969. 



23-3024. Preparation of precinct register. After the closing of the 
official register and before the election, the registrar shall : 

(1) Prepare a "precinct register" for cacli pi-t'cinct foi- use l)y clerks 
and election judges; 

(2) List tlie names of electors in alphabetical divisions; 

202 



REGISTRATION OF ELECTORS 23-3028 

(8) Show all informatiou from the registry card of each elector, ex- 
cept the oath of the elector; 

(4) Deliver a certified copy of the precinct register to the election 
judges prior to the opening of the polls; 

(5) Combine into one (1) precinct register the names of all electors 
in the several precincts where the precincts in city elections, or elections 
in school districts of the first class, include more than one (1) county 
precinct. 

(6) If no declarations of nomination have been filed forty (40) days 
before a primary election for city offices, the city clerk shall immediately 
notify the registrar in writing, and the precinct register or registers shall 
not be prepared. 

History: En. Sec. 43, Ch. 368, L. 1969. 

23-3025. Attempting to vote at another polling place after vote has 
been rejected a misdemeanor. A person whose vote has been rejected 
who offers to vote at the same election at any other polling place is guilty 
of a misdemeanor. 

History: En. Sec. 44, Ch. 368, L. 1969 

23-3026. Commissioners to provide registrar with sufficient help. The 

commissioners shall provide the registrar with sufficient help for the duties 
imposed by this act. The cost of stationery, printing, publishing and post- 
ing are a proper charge against the county. 
History: En. Sec. 45, Ch. 368, L. 1969. 

23-3027. Charges to city or school district — warrant — when no precinct 
registers required. (1) For each name entered on a precinct register 
prepared for a city or first class school district, the registrar shall charge 
the city or school district three cents ($.03). He shall also charge the 
actual expense incurred in printing and posting the lists of electors, pub- 
lishing notice, and other expenses incurred on account of the city or 
school district. 

(2) The council or board of school trustees shall order a warrant 
drawn for the expenses specified in subsection (1) of this section within 
thirty (30) days after notification of the charges. 

(3) If no general city election is required, the registrar shall not 
prepare precinct registers. 

(4) If there are only as many candidates nominated as there are 
vacancies on a first class school district board of trustees, the registrar 
shall not prepare precinct registers. 

(5) "Within two (2) days after nominations are legally closed, the 
city clerk or clerk of a first class school district shall notify the registrar 
when no precinct registers are required. 

History: En. Sec. 46, Ch. 368, L. 1969. 

23-3028. Copies of precinct registers available to any person upon writ- 
ten request — charge. Upon written request, the registrar shall furnish 

203 



23-3029 ELECTIONS 

any person a copy of tlio official precinct rejjisters. Upon delivery, the 
registrar shall collect a charge of five cents ($.05) for each name entered 
in the official register. 
History: En. Sec, 47, Ch. 368, L. 1969. 

23-3029. Violations of act, penalty for. (1) Any person or any officer 
of a county, city, or school district rcc^uired to perform duties under this 
act who willfully or knowingly fails to do so shall be fined not less than 
three hundred dollars ($300) nor more than one thousand dollars ($1000), 
or be imprisoned in the county jail for not less than three (3) months nor 
more than one (1) year. If an officer is involved, the judge of the district 
court shall also remove him from office. 

(2) Any person who makes false answers; violates or attempts to vio- 
late any of the provisions of this act; mutilates, secretes, destroys, or 
alters election records except as provided by law; or knowingly encourages 
another to violate the act ; or any public officer or other person upon 
whom any duty is imposed by this act who willfully neglects that duty or 
willfully performs the duty in a way which hinders the purposes of this 
act is guilty of a felony. Upon conviction he shall be imprisoned for not 
less than one (1) year nor more than fourteen (14) years. If a public 
officer, he shall also forfeit his office and never be qualified to hold public 
office again [,] either elective or appointive. 
History: En. Sec. 48, Ch. 368, L. 1969. 

CHAPTER 31 

ELECTION PEECINCTS 

Section 

23-31UL Establishment of election precincts — change of boundaries — certification of 
changes— designation — map — boundary to conform to wards or school dis- 
tricts. 

23-3102. Ward boundaries, certification of changes — map. 

23-3103. Designation of polling place. 

23-3101. Establishment of election precincts — change of boundaries — 
certification of changes — designation — map — boundary to conform to wards 
or school districts. (1) The territorial unit for elections is the election 
precinct. 

(2) The commissioners of each county shall establish a convenient 
number of election precincts equalizing the number of electors in each 
precinct as nearly as possible. 

(3) The commissioners may change the boundaries of precincts but 
not between January 1 and December 1 in any year during which a general 
biennial election will be held. 

(a) All changes must be certified to the registrar three (3) days or 
less after the change is made. 

(b) All election precincts shall be designated by numbers, names, or 
both. 

(c) Not more th.ni ten (10) days after an order of the commissioners 
h;is estiiblishcd or chimgcd llic bouiidiirics of a)i eh^clion preciiict, tlie 

204 



ELECTION PRECINCTS 



23-3103 



coininissioiicfs shall cause to be prcparctl and delivered a. map lo tin" r('<;is- 
trar showing the borders of all precincts and school districts within the 
county. 

(4) The boundaries ui" election i)recincts must eoni'orni to the wards 
of cities of the first, second, and third class and the boundaries of first 
class school districts only. 

(5) A ward or school district may be divided into two (2) or more 
precincts, and a precinct maj' be divided into two (2) or more i)olling 
places. 

(6) In cities not of the first, second, or third class, precincts may in- 
clude two (2) or more wards, or may comprise territory included by one 
(1) or more wards together with contiguous territory lying outside the 
incorporated limits of the cities. 

History: En. Sec. 18, Ch. 368, L. 1969. 

23-3102. Wai-d boundaries, certification of changes — map. Not more 
than ten (10) days after ward boundaries have been changed, the city 
council must certify any changes or alteration in the ward boundaries to 
the registrar and deliver to him a map showing boundaries of the wards, 
the streets, avenues and alleys by name and the wards by numbers. 
History: En, Sec. 19, Ch. 368, L. 1969. 



23-3103. Designation of polling place. The commissioners shall make 
an order designating the place within each precinct where the election 
will be held at the session at which election judges are appointed. Copies 
of the order must be posted immediately in three (3) public places in the 
precinct. 



History: En. Sec. 20, Ch. 368, L. 1969. 

Changing Designation 

Where a board of county canvassers 
refused to canvass election returns from 
a precinct on the ground that it appeared 
upon the face of the returns that the 
election had not been held at the place 
designated by the board of county com- 
missioners, and on application for writ of 
mandate to compel them to act, nothing 
was shown affirmatively by pleadings or 



otherwise that the judges of election at 
the precinct had not pursued this section 
giving them authority to change the place 
of election upon two days' notice if for 
any reason it cannot be held at the place 
appointed, it will be presumed that official 
duty was regularly performed by them and 
that they did change it, and the writ 
will issue commanding action. State ex 
rel. Moore v. Patch, 65 M 218, 225, 211 P 
202. 



CHAPTER 32 

JUDGES AND CLEEKS OF ELECTIONS 

Section 

23-3201. Appointment of election judges — second board of election judges — duties. 

23-3202. Manner of choosing election judges — vacancies — candidates and their rela- 
tives ineligible — exceptions. 

23-3203. Judges to choose clerks and to serve until others appointed. 

23-3204. Eegistrar to notify judges of their appointment and of impending general 
elections — judges to post notices of election. 

23-3205. Oath of judges and clerks — may administer oaths. 

23-3206. Instruction of judges. 

23-3207. Compensation of judges and clerks. 

205 



23-3201 ELECTIONS 

23-3201. Appointment of election judges — second board of election 
judges — duties. (1) At tJieir regular meeting next preceding a general 
pnniary election, the commis.sioners shall appoint five (5) election judges 
for each precinct having two hundred CJOd) or nior(> electors and three (3) 
election judges i'oj- each precinct Iia\ing less than two huiulrcd (200) elec- 
tors. Judges for new precincts shall be appointed based upon the estimated 
number of electors. 

(2) If a precinct has three hundred fifty (350) or more electors, the 
commissioners may appoint a second board of five (5) election judges who 
shall have the same qualifications as the first board. The second board 
shall : 

(a) Meet at their respective polling places as ordered; 

(b) Count and tabulate ballots as soon as the first board has com- 
pleted their duties in regard to the voting, 

(3) If counting and tabulating the ballots is not completed by 8 a. m. 
on the day following the election, the first board shall reconvene and 
relieve the second board until 8 p. m. when the second board shall again 
reconvene and relieve the first board until the ballots are counted and 
tabulated. 

(4) The election judges constituting the boards shall number the 
ballots and count the tally upon the tally sheets and indicate upon the tally 
sheets the work of each board. The board completing the count shall 
certify the returns as required by law. 

History: En. Sec, 49, Ch, 368, L, 1969, 

23-3202. Manner of choosing election judges — vacancies — candidates 
and their relatives ineligible — exceptions. (1) The election judges shall 
be chosen from lists of qualified voters submitted by the two (2) major 
political parties thirty-five (35) days or more before the commissioners 
meeting which precedes the next primary election. 

(2) The list of each party must contain twice the number of election 
judges to be appointed and not more than a majority may be appointed 
from one (1) political party for each precinct. 

(3) The commissioners may appoint election judges in their discretion 
to fill vacancies or if a major political party fails to submit a list of elec- 
tion judges. 

(4) No person shall be appointed to serve as an election judge or elec- 
tion clerk who is a candidate, spouse of a candidate, or related to a candi- 
date for office within the second degree of consanguinity. However, this 
sub-section does not apply to school district elections nor to cfyididates for 
precinct committeeman or committeewoman. 

History: En. Sec. 50, Ch. 368, L. 1969. 

23-3203. Judges to choose clerks and to serve until others appointed. 

(1) The election judges may appoint two (2) persons having the same 
qualifications as themselves to act as clerks of the election who serve at 
the pleasure of the judges. 

206 



JUDGES AND CLERKS OF ELECTION 23-3207 

(2) The election jud<i:es contiiuie to be judges of all elections held in 
their precincts until other judges arc ai)pointed. 

(3) The commissioners shall fill vacancies which occur in the office of 
election judge. 

History: En. Sec. 51, Ch. 368, L, 196U. 

23-3204. Registrar to notify judges of their appointment and of 
impending- general elections — judges to post notices of election. (1) The 

registrar must notify the election judges in writing of their appointment. 

(2) Twenty (20) days or more before any general election, the registrar 
shall mail two (2) notices of the election to the election judges. The notices 
shall be in the form prescribed by the secretary of state. 

(3) Ten (10) days or more prior to the election, the election judges 
shall post one (1) notice at the place where the election will be held and 
the other in one (1) of the most public places in the precinct. 

History: En. Sec. 52, Ch. 368, L. 1969. 

23-3205. Oath of judges and clerks — may administer oaths. (1) Be- 
fore votes are cast, the election judges and clerks must take and subscribe 
the official oath prescribed by the constitution. The election judges may 
administer the oath to each other and to the clerks. 

(2) Any election judge or a clerk may administer and certify oaths 
required during an election. 

History: En. Sec. 53, Ch. 368, L. 1969. 

23-3206. Instruction of judges. (1) Before each election, all election 
judges who do not possess a certificate of instruction shall be instructed by 
a person named by the commissioners in the powers, duties, and liabilities 
of election judges. 

(2) The instructor shall call meetings as necessary. 

(a) The election judge shall attend each meeting and receive at 
least two (2) hours of instruction. 

(b) Each election judge shall receive compensation fixed by the com- 
missioners at the prevailing federal minimum wage for instruction to be 
paid at the same time and in the same manner as for services on election 
day. 

(3) Each judge shall receive a certificate of completion from the in- 
structor upon completion of the course. Each certificate is valid for a 
period of two (2) years. 

(4) No person shall serve as election judge Avithout a valid certificate. 
However, this does not apply to persons filling vacancies in emergencies. 

(5) Notice of place and time of instruction nnist be given to tlie 
county chairmen of the two (2) major political parties by tlie coniinis- 
sioners. 

History: En. Sec, 54, Ch. 368. L. 1969. 

23-3207. Compensation of judges and clerks. The compensation of 
election judges and clerks shall be fixed by the commissioners at the pre- 

207 



23-3301 



ELECTIONS 



vailing federal minimum wage and be paid from county funds. The com- 
missioners shall audit the accounts. 
History: En. Sec. 55, Ch. 368, L. 1969. 



CHAPTER 33 

PRIMARY ELECTIONS AND NOMINATIONS BY CERTIFICATE 

Section 

23-3301. Date of primary election — candidates to be selected. 
23-3302. Primaries in cities over certain size — procedure. 
23-3303. Notices of election. 

23-3304. Declaration of nomination — filing — fees — printing of victorious write-in can- 
didates on general ek tion ballot. 
23-3305. Deadline for filing nominating declarations — persons with whom filed. 
23-3306. Register of candidates — public record — disposition of pollbooks, tally sheets, 

ballots, etc. 
23-3307. Arrangement of information concerning candidates — duties of secretary of 

state — duties of registrar or city clerk. 
23-3308. Ballots, how arranged and voted. 

23-3309. Official and sample ballots — preparation and number. 
23-3310. Election clerks' and judges' duties upon closing of polls. 
23-3311. Tally sheets — keeping and announcing the tally — statement. 
23-3312. Duties of election clerks and judges after canvassing votes — seal. 
23-3313. Abstracts of votes, wlien and how made — decision by lot in event of tie — 

certificate for comijensation — highest number of votes nominates. 
23-3314. Copy of abstracts to be sent secretary of state — canvass by secretary of 

state — governor's certificate of nomination and proclamation — decision by 

lot in event of tie. 
23-3315. Error in ballot or other wrongful or neglectful act. 
23-3316. Contest — notice — hearing — how tried and decided — certificate. 
23-3317. Penalty for violation of act — officials — candidates. 
23-3318. Certificates of nomination by individuals or parties not appearing on prior 

ballot — requisites— applicability. 
23-3319. Certificates of nominations to be preserved — certification of candidates' names 

and descriptions — statement of votes received by candidate. 
23-3320. Parties governed by act — right to use of party name — printing of candidates' 

names on ballots — parties that may nominate by certificate. 
23-3321. Declining nomination — vacancies before and after primary. 

23-3301. Date of primary election — candidates to be selected. The pri- 
mary election shall be held on the first Tuesday in June preceding any 
general election to select candidates for : 

(1) United States senators and representatives in Congress; 

(2) Other elective state, district, and county officers; 

(3) Delegates to any constitutional convention who will be chosen at 
the ensuing general election ; 

(4) County central committeemen and committeeworaen by the political 
parties. 

History: En. Sec. 56, Ch. 368, L. 1969. 

23-3302. Primaries in cities over certain size — procedure. In cities 
having a population of three thousand five hundred (3,500) or more as 
shown by the most recent federal or state census : 

(1) The nomination of candidates by primary election for city offices 
shall be subject to the provisions of this chapter; 

(2) Political parties shall file declarations of nominations for city 
offices with the city clerk; 

208 



PRIMARY ELECTIONS AND NOMINATIONS 23-3304 

(3) Tlu' duties of the city clerk arc the same as the registrar i]i con- 
ducting: tlie primary elections, and the city clerk shall send notices of 
the primary election in the same manner as registrars send notices for 
nominations for county offices at primary elections; 

(4) On the fourteenth day preceding a city election, the cities shall 
hold primary elections ; 

(5) If no declarations are filed forty (40) days or more before the 
primary election, no primary election shall be held and the city clerk shall 
certify to the registrar thirty-five (35) days or more before the date of 
the primary' election that no petitions have been filed; 

(6) The council shall; 

(a) establish city voting precincts and wards, 

(b) appoint city judges and clerks of elections and other officers 
necessary for the election. 

(c) perform other necessary duties in the same manner prescribed for 
city elections. 

History: En. Sec. 57, Ch. 368, L. 1969. 

23-3303. Notices of election. (1) Twenty (20) days before any pri- 
mary election, the registrar shall prepare printed notices of the election 
and mail two (2) notices to each judge of election. 

(2) Each judge and clerk shall immediately post the notices in public 
places in their precinct. 

(3) Notices shall be in the form, and contain information, as pre- 
scribed by the secretary of state. 

History: En. Sec. 58, Ch. 368, L. 1969. 

23-3304. Declaration of nomination — filing — fees — printing of vic- 
torious write-in candidates on general election ballot. (1) Each candi- 
date in the primary election, shall send a declaration of nomination to the 
secretary of state, registrar, or city clerk. 

(2) The candidate must sign the declaration and send with it the re- 
quired filing fee, to be acknowledged by a notary public if by mail, or by 
the officer of the office at which the filing is made. 

(3) The declaration, when filed, is conclusive evidence that the elector 
is a candidate for nomination by his party. 

(4) Nominating declarations are filed : 

(a) In the office of secretary of state for congressional offices, state or 
district offices to be voted for in more than one (1) county, members of 
the legislative assembly, and judges of the district court; 

(b) In the office of the registrar for county and district offices to be 
voted for in one (1) county only, and for township and precinct offices; 

(c) In the office of the city clerk for all city officers. 

(5) Filing fees are as follows: 

(a) For offices having a salary of one thousand dollars ($1,000) or less 
per annum, ten dollars ($10), except candidates for the legislative assembly 
or lieutenant governor must pay fifteen dollars ($15) ; 

209 



23-3305 ELECTIONS 

(b) For offices having: a salary of more than one lliousand dollars 
($1.(K)U) per annum, one per eent (1%) of the total annual salary; 

(c) For the offices of county commissioner; 

(ij in count ics of tlic first class, forty (h)nars ($10), 
(ii) in counties of llic second class, thirty-live dollars ($33), 
(iii) in counties of tlie third class, thirty dollars ($30), 
(iv) in counties of the fourth class, twenty-five dollars ($25), 
(v) in counties of other classes, ten dollars ($10), 

(d) For offices in which compensation is paid in fees, five dollars ($5) ; 

(e) For state, county, and precinct committeemen, delegates to na- 
tional conventions, and presidential electors, no fees are required. 

(G) A person nominated by having his name written in on the pri- 
mary ballot and desiring to accept the nomination shall not have his name 
printed on the general election ballot unless he : 

(a) Files Avith the secretary of state, registrar, or city clerk, at least 
ten (10) days after the primary a written declaration indicating his 
acceptance of the nomination; 

(b) Pays the required filing fee, 

(c) Received at least five per cent (5%) of the votes cast for the office 
at the last preceding general election. 

(7) The declaration for nomination shall be in form and contain in- 
formation, prescribed by the secretary of state. Every declaration must 
be signed by the elector seeking nomination. 
History: En. Sec. 59, Ch. 368, L. 1969, 

DECISIONS UNDER FORMER LAW 

Time for Filing Acceptance by Write-in hence a candidate for house of represen- 

Candidate tatives who filed acceptance 18 days after 

Under prior statute requiring write-in election was not entitled to a "writ of 

candidate to file within ten days after mandate to compel the county clerk to in- 

"election," the term "election" meant the t;lude his name on the general election of- 

day of election and not the day on which ficial ballot. State ex rel Wulf v Mc- 

the canvass of the ballots was completed, ^^rath, 111 M 96, 97, 106 P 2d 18o. 

23-3305. Deadline for filing- nominating declarations — persons with 
whom filed. Nominating declarations shall be filed not later than 5 p. m. 
forty (40) days before the date of the primary election. Declarations for 
nomination to an office filled by election throughout the state, as judge of 
a district court, to an office filled by election in more than one (1) county, 
or as a member of the legislative assembly shall be filed with the secretary 
of state. Declarations for nomination to an office filled by election in one 
(1) county, or district or city shall be filed with the registrar or city clerk. 
History: En. Sec. 60, Ch. 368, L. 1969. 

23-3306. Register of candidates — public record — disposition of poll- 
books, tally sheets, ballots, etc. (1) The secretary of state, registrar, and 
city clerk shall keep a "Register of Candidates for Nomination at the Pri- 
mary Nominating Election." The entries in the register shall contain on 
separate pages for each political party showing: 

210 



PRIMARY ELECTIONS AND NOMINATIONS 23-3308 

(a) 'riio title of I lie ofliee souglit, and the name and reiiidenee oJ" eaeli 
candidate ; 

(b) Tlic name of his political party; 

(e) The date of receiving the declaration for nomination signed by 
the candidate; 

(d) Other information as may aid in arranging the official ballot. 

(2) Immediately after the canvass of votes of the primary election, 
the officer shall enter in the register tlie date of entry, the name of each 
candidate nominated, the office for which he is nominated, and the name 
of the party making the nomination. 

(3) When filed, the registers, declarations of nominations, letters and 
notices, and other documents required by law are public records and open 
to inspection under proper regulation. Certified copies shall be available 
upon payment of the fee. 

(4) The registrar shall keep all pollbooks, tally sheets, ballots, ballot 
stubs, and other documents for one (1) year, and then he shall destroy 
them. 

History: En. Sec. 61, Ch. 368, L. 1969. 

23-3307. Arrangfement of information concerning- candidates — duties of 
secretary of state — duties of registrar or city clerk. (1) Not more than 
forty (40) days and not less than thirty-two (32) days before the date of 
the primary election, the secretary of state shall : 

(a) Arrange all names and information concerning candidates con- 
tained in the valid nominating declarations; 

(b) Certify the arrangement under state seal, file it in his office, and 
transmit a duplicate by registered mail to each registrar; 

(c) Post a duplicate in a conspicuous place in his office until after 
the primary election. 

(2) Not more than thirty (30) days, and not less than twenty (20) 
days before the date of the primary election, the registrar or city clerk 
shall : 

(a) Arrange, as required by law, the names and other information 
concerning the candidates and parties named in the valid nominating 
declarations which have been certified to him or filed with him; 

(b) Certify the arrangement, file it in his office, and post a duplicate 
in a conspicuous place in his office until after the primary; 

(c) Have colored sample ballots and the official ballots printed as re- 
quired by law. 

History: En. Sec. 62, Ch. 368, L. 1969. 

23-3308. Ballots, how arranged and voted. (1) At the primary, there 
shall be a ballot for each political party entitled to participate. Each bal- 
lot shall be printed on a separate sheet of white paper of the same size, 
folded, and securely fastened at the top. 

(2) Candidates' names shall be arranged alphabetically by surnames, 
under the offices and under the proper party designation. Wlien two (2) 

211 



23-3309 ELECTIONS 

or more persons are eandidates for uomiiiatiou for the same office, the 
registrar shall divide the ballot to provide a rotation of the names of the 
candidates as follows: 

(a) Divide all county ballot forms into sets equal in number to the 
greatest number of candidates for nomination or election to any office ; 

(b) Arrange the sets so that candidates' names are rotated by remov- 
ing one name from the top of the list for each nomination or office and 
place the name or number at the bottom of the list for each successive set 
of ballot forms; however, in printing ballots for use in any one (1) precinct, 
only one (1) set shall be used and they shall be identical; 

(c) If an elector writes the name of a person upon a ballot, and the 
person's name appears as a candidate upon another ballot, the ballot shall 
count for the person only as a candidate of the party upon whose ticket his 
name is written; 

(d) If a person is nominated upon more than one (1) ticket, not later 
than ten (10) days after the election he shall file written notification with 
the secretary of state, registrar, or city clerk the party under which his 
name is to appear upon the ballot for the general election, and, if he fails 
to notify the proper officers, his name shall appear under the party with 
whom his nominating declaration was first filed; 

(e) If a person fails to be nominated upon the party ticket contained 
in his nominating declaration, his name shall not be printed upon any 
ballot with party designation; 

(f ) This act does not preclude an elector from having his name printed 
upon the ballot as an independent candidate, and no candidate shall have 
his name printed on more than one (1) ticket. 

(3) Ballots shall be printed on white paper in the form of the Austra- 
lian ballot and the candidates of each party shall be printed on a separate 
ticket. 

(4) After preparing his ballot, the elector shall detach it from the 
remaining tickets and fold it so that the face is concealed and the official 
stamp is seen ; 

(a) The elector shall fold the remaining tickets, vote the marked 
ballot without leaving the polling place, and deposit the remaining tickets 
in a separate box marked as the blank ballot box; 

(b) Immediately after the recount period, the election judges shall, 
without examination, destroy the tickets deposited in the blank ballot box. 

History: En. Sec. 63, Ch. 368, L. 1969. 

23-3309. Official and sample ballots — preparation and number. (1) 

Ballots equal to the number of voters entitled to vote in the primary shall 
be printed and furnished to each election precinct. 

(2) If a political party desires sample ballots its political committee 
may order them from the registrar or city clerk and pay the costs of print- 
ing. The registrar or city clerk shall order delivery in writing of the sam- 
ple ballots and no sample ballots shall be printed without an order from 
the registrar or city clerk. 

212 



PRIMARY ELECTIONS AND NOMINATIONS 23-3311 

(3) Sample ballots shall be duplicates of the official ballot, but shall 
not be printed on white paper, shall not have the same margins, and shall 
not have perforated stubs. 

History: En, Sec. 64, Ch. 368, L. 1969. 

23-3310. Election clerks' and judges' duties upon closing of polls. 

Immediately after the polls are closed at a primary election, the election 
clerks and judges shall open the ballot boxes and : 

(1) Count the ballots cast by each political party and fasten the ballots 
cast for each political party into separate files, 

(2) Take the tally sheets provided by the registrar and count the 
ballots for each political party, 

(3) Certify the number of votes cast for each candidate for each office, 

(4) Place the counted ballots in the box. 
History: En. Sec. 65, Ch. 368, L. 1969. 

23-3311. Tally sheets — keeping and announcing the tally — statement. 

(1) The registrar shall furnish tally sheets for each political party having 
candidates in the primary election for each voting precinct. Tally sheets 
shall contain the names of the candidates, names of the political parties 
designated at the head, and be numbered in the order in which the names 
appear on the official ballot. 

(2) Tally sheets shall show : 

(a) The number and name of each person voted for; 

(b) Office for nomination to which each person was voted for; 

(c) Total number of votes cast for each candidate for nomination. 

(3) The election clerks and judges shall audibly announce the tally 
or count, and shall keep the tally in the form prescribed by the secretary 
of state. The tally or count shall be certified by the election clerks and 
judges. 

(4) The election clerks shall in ink: 

(a) Keep tally upon the prescribed tally sheet of each political party; 

(b) Total the number of tallies and write the total immediately to the 
right of the last tallies for each candidate and also in the columns headed 
"total vote" ; 

(c) Prepare the certificate required by subsection (3) of this section; 

(d) Immediately upon completion of the count, sign the tally sheets, 
and each clerk shall certify which sheets were kept by him; 

(e) If the chairman and judges are satisfied with the correctness of 
the tally sheets, they shall sign all the tally sheets. 

(5) The election clerks shall then prepare a statement of that portion 
of the tally sheets showing the number and name and political party of 
each candidate for nomination and the office and total votes received by 
each in the precinct, and shall prepare the certificate. The election clerks 
and judges who complete the count shall sign the statement and immedi- 
ately post it in a conspicuous place outside of the polls. The statement 
shall remain posted for ten (10) days. 

History: En. Sec. 66, Ch. 368, L. 1969. 

213 



23-3312 ELECTIONS 

23-3312. Duties of election clerks and judges after canvassing votes — 
seal. (1) Immediately after canvassing votes, the election clerks and 
judges who complete the count shall enclose the pollbooks in separate 
envelopes and securely seal them. The election clerks and judges shall: 

(a) Enclose the tally sheets in separate envelopes and securely seal 
them; 

(b) Enclose the precinct registers in separate envelopes and securely 
seal them; 

(c) Enclose all ballots fastened together and in separate envelopes 
and securely seal them; 

(d) Specify in ink the contents, and address each package to the 
registrar of the county in which the election precinct is situated; 

(e) Mark the sealed ballot packages on the outside showing what 
numbers are contained, but once sealed they are not to be opened until 
ordered by the proper court. 

(2) When the count is completed, the sealed ballots shall be placed in 
two (2) ballot boxes, the boxes locked and the seal of the board pasted 
over the keyhole and rim of the lid so that to open the box the seal must 
be broken. The registrar or the canvassers making the abstracts of the 
votes shall not break the seal, nor shall anyone break the seal except upon 
court order in case of contest or on order of the commissioners when the 
boxes are needed for the ensuing election. 
History: En. Sec. 67, Ch. 368, L. 1969. 

23-3313. Abstracts of votes, when and how made — decision by lot in 
event of tie — certificate for compensation — highest number of votes nomi- 
nates. (1) At 8 a.m. in the third day after the close of any primary 
election, or at 8 a. m. on a day sooner if all the returns are in, the registrar, 
taking two (2) assistants who are justices of the peace, county commis- 
sioners, or either, shall open the returns and make abstracts of the votes. 

(2) Abstracts of votes for nomination of each party for governor, 
lieutenant governor, secretary of state, attorney general, state auditor, 
superintendent of public instruction, railroad commissioners, clerk of the 
supreme court, state treasurer, justices of the supreme court. United States 
senators. United States representatives, judges of the district court, and 
members of the legislative a.ssembly, shall be on one (1) sheet, separately 
for each political party, and shall be forthwith transmitted to the secre- 
tary of state, as required by section 23-3314. 

(3) Abstracts of votes for county and precinct offices shall be placed 
on separate sheets for each political party, and the registrar shall certify 
the nomination for each party and enter upon his register of nominations 
the name of each of the persons having the highest number of votes for 
nomination. He shall notify each person who is nominated by mail. 

(4) If there is a tie for the same nomination in one (1) party, the 
registrar shall notify the affected persons to come to his office at a time 
set by the registrar. The registrar shall then decide publicly by lot which 
of the persons is the nominee. The registrar shall enter the name of the 
person chosen as nominee upon his register of nominations. 

214 



PRIMARY ELECTIONS AND NOMINATIONS 23-3315 

(5) The registrar shall, on receipt of the primary returns, make out 
a certificate stating the compensation the election clerks and judges are 
entitled to and transmit this certificate to the commissioners. The com- 
missioners shall order the compensation paid out of the county treasury. 

(6) In all primary elections, the person having the highest number 
of votes for nomination to any office is the nominee for his political party 
for that oflfice. 

History: En. Sec. 68, Ch. 368, L. 1969. 

23-3314. Copy of abstracts to be sent secretary of state — canvass by 
secretary of state — governor's certificate of nomination and proclamation — 
decision by lot in event of tie. (1) The registrar, immediately after mak- 
ing the abstracts of votes, shall send a copy of each of the abstracts by 
mail to the secretary of state. 

(2) The secretary of state shall, in the presence of the governor and 
the state treasurer, proceed not later than fifteen (15) days after the date 
of the primary election to canvass the votes given for nomination for 
governor, United States senator, United States representative, lieutenant 
governor, attorney general, superintendent of public instruction, railroad 
commissioners, secretary of state, state treasurer, state auditor, justices 
of the supreme court, clerk of the supreme court, judges of the district 
court, members of the legislative assembly, and all other officers voted in 
any district comprising more than one county. 

(3) The governor shall grant a certificate of nomination to the person 
having the highest number of votes for each office, and shall issue a procla- 
mation declaring the nomination of each person by his party. 

(4) When a tie exists between two (2) or more persons for nomination 
in the same party, the secretary of state shall immediately give notice 
to the persons tied, to attend in person or by attorney, at his office at 
a time appointed by him. He shall then publicly decide by lot which per- 
son is nominated by his party. The governor shall issue his proclamation 
declaring the nomination of that person. 

History: En. Sec. 69, Ch. 368, L. 1969. 

23-3315. Error in ballot or other wrongful or neglectful act. (1) 

Whenever it appears by affidavit to the district court, to the supreme 
court, or to a supreme court judge : 

(a) That an error or omission has occurred, or is about to occur, 
in the printing of the name of any candidate or other matter on the 
official primary nominating election ballots; 

(b) That any error has been, or is about to be, committed in the 
printing of the ballots; 

(c) That the name of any person or any other matter has been, or 
is about to be, wrongfully placed upon the ballots; 

(d) That any wrongful act has been performed by any judge or clerk 
of the primary election, registrar, canvassing board or member, or by 
any person charged Avith a duty under this act, or that any neglect 
of duty by any of the persons has occurred or is about to occur; the court 

215 



23-3316 ELECTIONS 

shall require by order the officer or person charged with the act or 
neglect to perform his duties required by law or show cause why the 
order should not issue. 

(2) Failure to obey the court order is contempt. 

(3) Any person aggrieved by the refusal or failure of any person 
to perform any duty required by this act shall, without derogation of 
any other right or remedy, be entitled to seek a writ of mandamus in 
the district court and the proceeding shall be immediately heard and 
decided. 

History: En. Sec. 70, Ch. 368, L. 1969. 

23-3316. Contest — notice — hearing — how tried and decided — certificate. 

(1) Five (5) days or less after a person has been nominated, any person 
wishing to contest the nomination to any state, county, district, township, 
precinct, or city office shall give notice in writing to the person whose 
nomination he intends to contest briefly stating the cause for the contest. 

(2) The contestant shall make application to the district court judge 
in the county where the contest is to be had. The judge shall then set 
the time for the hearing. 

(3) The contestant shall serve notice three (3) days before the 
hearing is scheduled. The notice shall state the time and place of the 
hearing. 

(4) The judge of the district court shall hear and determine the 
case and make all necessary orders for the trial of the case and carrying 
his judgment into effect. The order of the judge shall express the will 
of a majority of the legal voters of the political party, as indicated 
by their votes, disregarding technicalities or errors in spelling. 

(5) Each party is entitled to subpoenas. 

(6) The registrar shall issue a certificate to the person declared 
nominated by the court. The certificate shall be conclusive evidence 
of the right of the person to hold the nomination. 

History: En. Sec. 71, Ch. 368, L. 1969. Procedure to contest of nomination, see 

M. R. Civ. P., Rule 81(a), Table A. 
Cross-Reference 

Application of Montana Rules of Civil 

23-3317. Penalty for violation of act — officials — candidates. (1) If 

an election clerk or judge of a primary election, or other officer or per- 
sons on whom a duty is enjoined, willfully neglects that duty or commits 
any corrupt act in the discharge of his duty, he is guilty of a violation 
of this act. Upon conviction, he shall be imprisoned in the state prison for 
not less than one (1) year nor more than five (5) years, imprisoned in 
the county jail for not less than three (3) months nor more than one 
(1) year, or fined not less than one hundred dollars ($100) nor more than 
five hundred dollars ($500). 

(2) If a candidate for nomination is guilty of any act which is wrong- 
ful or unlawful, or acts at the primary whieli would be sufficient to 
cause his removal from office if committed at the regular general election, 
he shall, upon conviction, be removed from office in the same manner 

216 



PRIMARY ELECTIONS AND NOMINATIONS 



23-3318 



us though the act liad been coiinuit tod iit a regular general ch'ction, 
even though he may have been regularly elected and was not guilty of a 
wrongful or unlawful act at the election at which he was elected to his 
oflSee. 

History: En. Sec. 77, Ch. 368, L. 1969. 

23-3318. Certificates of nominatioii by individuals or parties not ap- 
pearing on prior ballot — requisites — applicability. Except as provided 
in subsection (6) of this section, nominations for public office by an 
individual or a political party which did not appear on the ballot in the 
next preceding election may be made by executing a certificate of 
nomination. 

(1) The certificate must be in writing and contain: 

(a) The name of a candidate for the office to be filled; 

(b) His residence, his occu'^ation, and his business address. 

(2) If a certificate is filed by a political party which did not appear 
on the ballot in the next preceding election, it must contain the party 
name and in five (5) words or less the principle which such body 
represents. 

(3) The certificate must be signed by electors residing within the 
state and district, or political division in which the officer or officers 
are to be elected. Each elector signing a certificate shall add to his 
signature his place of residence, and his business address. 

(4) The number of signatures must be five per cent (5%) or more 
of the total vote cast for the successful candidate for the same office at 
the next preceding election. 

(5) The candidates for nomination shall file the certificates ninety 
(90) days prior to the date of the general election. 

(6) A person who desires to run for president or vice-president as 
an independent candidate, must file a certificate of nomination with 
the secretary of state. The certificate must have the signatures of electors 
equal to five per cent (5%) or more of the legal votes cast for governor 
at the next preceding general election. He must also nominate the 
required number of electors allowable to Montana and certify the names 
to the secretary of state. 

(7) This section shall not apply to nominations for special elections 
or to fill vacancies. 

History: En. Sec. 78, Ch. 368, L. 1969, 



DECISIONS UNDER FORMER LAW 



Error in Certificate 



Under the law governing conventions 
and primary meetings, an error in the 
party name on the certificate of nomina- 
tion rendered it void. State ex rel. Scharni- 
kow V. Hogan, 24 M 397, 401, 62 P 683. 

The inadvertent failure to include the 
name of a convention nominee for a cer- 
tain office in the certificate of nominations 
renders the certificate insufficient. State ex 
rel. Galen v. Hays, 31 M 227, 231, 78 P 301. 



Party Candidate 

It is by means of the certificate of 
nomination that the county clerk is in- 
formed how to prepare the official ballot 
for the electors. The secretary of state 
cannot certify a candidate nominated by 
electors, as the candidate of a political 
party, for clearly he is not such a can- 
didate and has no place in a group of 
candidates certified as nominated by a 
regular political party convention or or- 



217 



23-3319 ELECTIONS 

ganization, under tlie name of the party state not more than sixty nor less than 

making such nomination. State ex rel. thirty days before election was mandatory 

Woody V. Eotwitt, 18 M 502, 510, 511, and a certificate of original nominations 

46 P 370. made at a party convention could not be 

filed less than thirty dav.s before election. 

Time of Filing State ex rcl. Galen v. "llays, 31 M 227, 

Prior law requiring certificates of noni- 230, 78 P 301. 
ination to be filed with the secretary of 

23-3319. Certificates of nominations to be preserved — certification of 
candidates' names and descriptions — statement of votes received by candi- 
date. (1) The secretary of state, registrars, and city clerks shall pre- 
serve all certificates of nominations for one (1) year. All certificates 
shall be open to public inspection under rules adopted by the various 
offices. 

(2) Forty-five (45) days or more before an election, the secretary of 
state shall certify to the registrars the name and description of each 
person nominated, as specified in the certificates of nomination filed 
with him. 

(3) Each election board shall transmit to the secretary of state a 
statement of the number of votes cast for a person as the candidate 
for the independent body by which he was nominated. 

History: En. Sec. 79, Ch. 368, L. 1969. 

23-3320. Parties governed by act — right to use of party name — print- 
ing of candidates' names on ballots — parties that may nominate by cer- 
tificate. (1) Every political party which received three per cent (3%) 
or more of the total vote cast for governor at the next preceding general 
election in the county, district, or state for which nominations are pro- 
posed to be made, shall nominate its candidate for public office in the 
county, district or state under this act. 

(2) Every political party, and its regularly nominated candidates, 
members and officers, has the sole and exclusive right to the use of the 
party name. No candidate for office may use any word of the name of 
any other political party or organization other than that by which he is 
nominated. 

(3) An independent or nonpartisan candidate shall not use any 
word of the name of any existing political party or organization in his 
candidacy. 

(4) The names of candidates for public office nominated under this 
act shall be printed on the official ballots for the ensuing election as the 
only candidates of the respective parties for public office in the same 
manner as the names of the candidates nominated by other methods 
are required to be printed on the official ballots. 

(5) Any political party that did not receive three per cent (3%) 

or more of the total vote cast for governor, as provided in subsection 

(1) of this section, and any new political party about to be formed, may 

make nominations for public office as provided in section 23-3318. 

History: En. Sec. 80, Ch. 368, L. 1969. Presidential Electors Are Candidates for 

Public Office 

Candidates for presidential electors were 
candidates for public office, within the 

218 



PRIMARY ELECTIONS AND NOMINATIONS 



23-3321 



iiuMuijig of prior section. State ex rel. 
Foster v. Mountjoy, 83 M 162, 168, 271 P 
446. 

Use of Term "Independent" 

Assimiiiij; (Init not deeidiiig) tiiat an 
existing political party may use the term 
"Independent" in its party name, such 
use cannot deprive another candidate from 



employing that term in de.nignating the 
character of his candidacy for the same 
office, and section prohibiting an indepen- 
dent candidate from using any word of 
tlie name of an existing political party lias 
Jio apiilication in such circumstances. State 
ex rel. Wheeler v. Stewart, 71 M 358, 361, 
230 P 366, 



23-3321. Declining nomination — vacancies before and after primary. 
(1) Twenty (20) days or more before the election, a per.son nominated 
for public office may decline the nomination by a writing sent to the 
office with whom his nominating declaration is filed. In city elections, 
the declination shall be made ten (10) days or more before the election. 

(2) If a vacancy occurs in the office of a candidate in case of death 
or removal from the state or district before the date of the primary, 
the vacancy shall be filled by the affected political party. 

(3) When a vacancy occurs in the office of a candidate after the 
primary and before the general election in a multicounty district, the 
vacancy shall be filled as follows : 

(a) The vacancy shall be filled by a committee of three (3) mem- 
bers selected from each county by the county central committees of the 
affected political party. 

(b) The secretary of the committee shall transmit a certificate to 
the secretary of state with the information contained on the original 
certificate plus the cause of the vacancy, the name of the person nomi- 
nated, the office to be filled, and the name of the person for whom 
the nomination was made. 

(c) "When the certificate is filed with the secretary of state he shall 
insert the name of the person nominated to fill the vacancy. 

(d) If the secretary of state has certified the nominations to the 
registrars, he shall immediately certify to the registrars the name of the 
person nominated to fill the vacancy, the office to be filled, the party 
or political principle he represents, and the name of the person for 
whom the nominee is substituted. 



History: En. Sec. 82, Ch. 368, L. 1969. 

Cross-Reference 

Inducement to accept or decline nomi- 
nation, see. 94-1456. 

Defective Proceedings 

An election will not be declared void 
by reason of nonprejudicial defects in the 
manner in which nomination was declined 
where question was raised after election. 
Stackpole v. Hallahan, 16 M 40, 51, 40 
P 80. 

Write-in Candidates 

Where a successful write-in candidate 
at a nominating election failed to file his 
acceptance within ten days after election 
day, his subsequent resignation did not 
result in a vacancy which the county cen- 



tral committee of his party could fill. 
State ex rel. Wilkinson v. McGrath, 111 
M 102, 106 P 2d 186. 

Where a candidate for re-election to a 
county office died 24 days before election, 
his death known generally to electors, but 
his name placed on ballot and majority 
voted for him supposing to retain his 
widow, appointed to fill the vacancy, un- 
til the next general election, a write-in 
candidate whom they intended to defeat, 
receiving the highest vote cast for any liv- 
ing person, held, on his application for 
writ of mandate to compel the county 
canvassing board to reconvene and cause 
certificate of election issued to him, that 
write-in candidate elected and entitled to 
the ofiice. State ex rel. Wolff v. Geurkink, 
111 M 417, 426, 109 P 2d 1094, 133 ALE 
304. 



219 



23-3401 



ELECTIONS 



DECISIONS UNDER FORMER LAW 



Death after Election 

Former law did not empower county cen- 
tral committee to make an original nom- 
ination of a candidate to an office to be 
filled at a special election where the of- 
ficer-elect died after election and before 
induction into office. State ex rel. Smith 
V. Duncan, 55 M 376, 177 P 248, dis- 
tinguished in 116 M 283, 291, 149 P 2d 
913. 

Time for Filling Vacancies 

When a convention has made a nomina- 



tion, and has authorized its committee to 
fill any vacancy that may occur, the filling 
of the vncancy by the committee upon the 
death or resignation of the candidate, or 
because the original certificate of nomin- 
ation was or became insufficient or inop- 
erative, may be made at any time before 
the day of election. State ex rel. Scharni- 
kow V. Hogan, 24 M 397, 402, 62 P 683; 
State ex rel. Galen v. Hays, 31 M 227, 
231, 78 P 301. 



CHAPTER 34 

POLITICAL PARTIES, COMMITTEEMEN AND COMMITTEES 

Section 

23-3401. Two committeemen to be elected at primary by each party — nomination — 
names on party ticket. 

23-3402. Committeemen as party representative — county and city central committees — 
term — vacancy. 

23-3403. Committees' powers — state central committee to appoint county central com- 
mittee where none exists. 

23-3404. Committees to fill vacancies among nominees under certain circumstances. 

23-3405. Organization of committee — meeting — county convention to elect delegates 
and alternates to state convention. 

23-3406. Powers of parties. 

23-3407. Payment of convention expenses — payment of delegates and alternates to 
conventions to nominate presidential electors. 

23-3401. Two committeemen to be elected at primary by each party — 
nomination — names on party ticket. (1) Each political party shall elect 
at each primary election one (1) man and one (1) woman who shall serve 
as committeemen for each election precinct. The committeemen shall be 
residents and registered voters of the precinct. 

(2) An elector may be placed in nomination for committeeman by a 
writing so stating, signed by the elector, notarized, and filed in the office 
of the registrar within the time for filing declarations naming candidates 
for nomination at the regular biennial primary election. 

(3) The names of candidates for precinct committeeman of each 
political party shall be printed on the party ticket in the same manner 
as other candidates and the voter shall vote for them in the same manner 
as he does for other candidates. 

History: En. Sec. 72, Ch. 368, L. 1969. 

23-3402. Committeemen as party representative — county and city cen- 
tral committees — term — vacancy. (1) Each committeeman shall repre- 
sent his political party for the precinct in all ward or subdivision com- 
mittees formed. 

(2) The committeemen in each precinct shall constitute the county 
central committee of the respective political parties. 

(3) Committeemen who reside within the limits of a city are ex 
officio the city central committee of their respective political parties and 

220 



POLITICAL PARTIES 23-3405 

have the power to make their own rules not inconsistent with those of the 
county central committee. However, the county central committee has 
the power to fill vacancies in the city central committee. 

(4) Each precinct committeeman has a term of two (2) years from 
the date of his election. 

(5) If a vacancy occurs, the remaining members of the county com- 
mittee may select a precinct resident to fill the vacancy. 

History: En. Sec. 73, Ch. 368, L. 1969. 

23-3403. Committees' powers — state central committee to appoint coun- 
ty central committee where none exists. (1) The county and city central 
committee may: 

(a) Make rules for the government of its political party in each 
county, not inconsistent with any of the provisions of this act nor the 
rules of its state political party; 

(b) Elect two (2) county members of the state central committee, 
one (1) shall be a man and one (1) shall be a woman; elect the members 
of the congressional committee ; and fill all vacancies and make rules 
in their jurisdiction. 

(2) If there is no county central committee, the state central com- 
mittee shall appoint a county central committee. 
History: En. Sec. 74, Ch. 368, L. 1969. 

23-3404. Committees to fill vacancies among nominees under certain 
circumstances. County and city central committees may make nomina- 
tions to fill vacancies occurring among the candidates of their respective 
parties nominated for city or county ofiices by the primary election if 
the vacancy is caused by death, resignation, or removal from the electoral 
district but not otherwise. 

History: En. Sec. 75, Ch. 368, L. 1969. day, his subsequent resignation did not 

result in a vacancy which the county cen- 

Write-in Candidate ti-al committee of his party could fill. 

Where a successful write-in candidate at State ex rel. Wilkinson v. McGrath, 111 
a nominating election failed to file his M 102, 106 P 2d 186. 
acceptance within ten days after election 

DECISIONS UNDEE FOEMEE LAW 

Death after Election officer-elect died after election and before 

Former law did not empower county induction into office. State ex rel. Smith 

central committee to make an original \- ^V"*^^,"'. 5^,,^ 'r^' ^^L,^ "t^'x.'^i^; 
nomination of a candidate to an office to tinguished in 116 M 283, 291, 149 P 2d 

be filled at a special election, where the ^l-^- 

23-3405. Organization of committee — meeting — county convention to 
elect delegates and alternates to state convention. (1) The committee 
shall meet prior to the state convention of its political party and organize 
by electing a chairman and one (1) or more vice-chairmen. The chairman 
or first vice-chairman shall be a woman. They shall elect a secretary 
and other officers as are proper. It is not necessary for the officers to be 
precinct committeemen. 

221 



23-3406 ELECTIONS 

(2) The committee may select managing or executive committees and 
authorize subcommittees to exercise any and all powers conferred upon 
the county, city, state, and congressional central committees by this act. 

(3) The chairman of the county central committee shall call the cen- 
tral committee meeting and not less than four (4) days before the date 
of the central committee meeting shall publish the call in a newspaper 
published at the county seat and mail a copy of the call, enclosing a 
blank proxy, to each precinct committeeman. No proxy shall be recognized 
unless held by an elector of the precinct of the committeeman executing it. 

(4) The county chairman of the party shall preside at the county 
convention. No person other than a duly elected or appointed committee- 
man or oflBcer of the committee is entitled to participate in the proceedings 
of the committee. 

(5) If a committeeman and the appointed proxy are absent, the con- 
vention may fill the vacancy by appointing some qualified elector of the 
party, resident in the precinct, to represent the precinct in the convention. 

(6) The county convention shall elect delegates and alternate dele- 
gates to the state convention under rules of the state party. The chair- 
man and secretary of the county convention shall issue and sign certificates 
of election of the delegates. 

History: En. Sec. 76, Ch. 368, L. 1969. 

23-3406. Powers of parties. (1) Each political party shall have 
power to : 

(a) Make its own rules and regulations; 

(b) Provide for and select its own offices; 

(c) Call conventions and provide for the number and qualification 
of delegates; 

(d) Adopt platforms ; 

(e) Provide for selection of delegates to national conventions; 

(f) Provide for the nomination of presidential electors; 

(g) Provide for the selection of national committeemen and women; 
(h) Make nominations to fill vacancies occurring among its candidates 

nominated for offices to be filled by the state at large or by any district 

consisting of more than one (1) county where such vacancies are caused 

by death, resignation or removal from the electoral district; 

(i) Perform all other functions inherent in such an organization. 

History: En. Sec. 81, Ch. 368, L. 1969. Compiler's Notes 

As enacted, this section contained no 
subsection (2). 

23-3407. Payment of convention expenses — payment of delegates and 
alternates to conventions to nominate presidential electors. (1) Except 
as provided in subsection (2) of this section, expenses of county and state 
conventions shall be paid by the political parties. 

(2) Elected delegates and alternates attending state conventions to 
nominate presidential electors shall be paid eight cents ($.08) per mile 
for travel to and from the convention paid from the county general fund. 
History: En. Sec. 83, Ch. 368, L. 1969. 

222 



ELECTION SUPPLIES AND BALLOTS 23-3503 

CHAPTER 35 

ELECTION SUPPLIES AND BALLOTS 

Section 

12 .'J-H ;■)()!. Items to 1)C furnislied by comiuisHioncrs. 

23-3502. City clerk to act in city elections. 

23-3503. Registrars or city clerks to deliver ballots and rubber stamp before opening 

of polls. 
23-3504. Forms for election returns. 
23-3505. Completion and posting of forms. 
23-3506. Registrar to provide printed ballots — marking by electors — other ballots 

ineffective. 
23-3507. Ballot for questions submitted to the people — duties of registrar and city 

clerk. 
23-3508. Printing and distribution of ballots at public expense — uniformity. 
23-3509. Printing of candidate's name and party designation on ballot — no party 

designation for candidates for supreme and district court judgeships — 

persons nominated by more than one party. 
23-3510. Pasters to be printed and distributed where vacancy has been filled — election 

judges to affix. 
23-3511. Arrangement of names — rotation on ballot. 
23-3512. Columns and material to be printed on ballot. 
23-3513. Order of placement. 
23-3514. Blank space and margin. 
23-3515. Stub, size and contents. 

23-3516. Number of ballots to be provided for each precinct. 
23-3517. Short-term and long-term elections for same office — order of offices on ballot. 

23-3501. Items to be furnished by commissioners. The commissioners 
shall : 

(1) Furnish pollbooks to each election precinct in a form prescribed 
by the secretary of state; 

(2) Furnish printed blanks for precinct registers, pollbooks, tally 
sheets, lists of electors, tickets, and returns, together with envelopes 
in which to enclose the returns; 

(3) Furnish for each polling precinct a ballot box or canvas pouch 
with a lock and key for the ballots and detached stubs. 

History: En. Sec. 84, Ch. 368, K 1969. Cross-Reference 

County commissioners to furnish poll- 
books, sec. 16-1156. 

23-3502. City clerk to act in city elections. In city elections, the city 
clerk shall perform all duties prescribed for registrars in this chapter. 
History: En. Sec. 85, Ch. 368, L. 1969. 

23-3503. Registrars or city clerks to deliver ballots and rubber stamp 
before opening of polls. Before the opening of the polls, the registrars 
or city clerks shall : 

(1) Deliver the election ballots to the judges of election in each poll- 
ing place; 

(2) Deliver a rubber stamp which contains the words "Official Ballot," 
the name or number of the election precinct, the name of the county, the 
date of the election, and the name and official designation of the clerk 
who furnished the ballots. 

History: En. Sec. 86, Ch. 368, L. 1969. 

223 



23-3504 ELECTIONS 

23-3504. Forms for election returns. In sending out election supplies 

to each precinct, the registrars shall send six (6) or more printed forms 

with a return envelope to the election judges to be used in sending election 

returns for public information. The forms shall be in ballot form and 

have printed on them the names of each candidate and each proposition. 

History: En. Sec. 87, Ch. 368, L. 1969. a part of the election returns and are not 

required to be transmitted to the clerk 
Transmitting Forms in sealed packages. Dubie v. Batani, 97 

Forms on which judges of election must M 468, 478, 37 P 2d 662. 
summarize the result of the vote are not 

23-3505. Completion and posting of forms. (1) Immediately after 
all the ballots are voted in each precinct, the election judges shall copy 
the total votes cast for each candidate and for and against each proposi- 
tion on the blanks furnished by the registrars in the preceding section. 
(2) The election judges shall immediately post one of the blanks at 
the polling place, and send a copy by mail to the registrar. 
History: En. Sec. 88, Ch. 368, L. 1969. 

23-3506. Registrar to provide printed ballots — marking by electors — 
other ballots ineffective. Except as otherwise provided in this act: 

(1) The registrar shall provide printed ballots for every election for 
public officers. He shall print on the ballot the names of all candidates, 
including candidates for chief justice and associate justices of the supreme 
court, and judges of the district courts; 

(2) An elector may write or paste on his ballot the name of any 
person for whom he desires to vote for any office, but must mark it as 
provided in section 23-3606. When the ballot is marked in this manner 
it must be counted the same as though the name is printed upon the 
ballot and marked by the voter; 

(3) Ballots other than those printed by the registrars may not be 
cast or counted in any election. 

History: En. Sec, 89, Ch. 368, L. 1969. Use of Uniform Ballot Required 

_ ^ „ By statute a uniform ballot has been 

Cross-Kelerences adopted, to be printed and distributed at 
Constitutional amendments, separate bal- public expense, and no others than those 

lot prohibited, sec. 37-105. so provided can be cast or counted. Har- 

Initiative and referendum, ballot, sec. rington v. Crichton, 53 M 388, 391, 164 

37-107. P 537. 

Separate ballot for bonds and levies, 

sec. 37-107. 

23-3507. Ballot for questions submitted to the people— duties of regis- 
trar and city clerk. (1) When the secretary of state has certified to 
the registrar any question to be submitted to a vote of the people, the 
registrar must print the ballot in a form which will enable the electors 
to vote upon the question presented as provided by law. 

(2) The registrar must prepare the necessary ballots whenever any 
question is to be submitted to the electors of any locality, or of the 
state generally. However, for questions submitted to the electors of a 
city alone, the city clerk shall prepare the necessary ballot. 
History: En. Sec. 90, Ch. 368, L. 1969. 

224 



ELECTION SUPPLIES AND BALLOTS 23-3511 

23-3508. Printing and distribution of ballots at public expense — uni- 
formity. (1) All ballots cast for public officers within the state, except 
school district officers, must be printed and distributed at public expense. 

(2) The county shall pay for the printing of ballots and cards of 
instruction for elections in each county, 

(3) The expense of printing and delivering ballots in city elections is 
a charge upon the city in Avhich the election is held. 

(4) All official ballots must be uniform in size and printing. This 
involves : 

(a) Uniformity in the type of ink used, which must be black, size 
of paper, type of white paper and arrangement of the paper, and the 
names of candidates printed upon the ballots shall be in type of the 
same size and character; 

(b) When the stubs are detached, it must be impossible to distinguish 
any one of the ballots from another ballot; 

(c) The ballots must contain the name of every candidate whose 
nomination is certified under law for a special office and no other names 
except that the names of candidates for president and vice-president of the 
United States shall appear on the ballot as provided in section 23-4301. 

History: En. Sec. 91, Ch. 368, L. 1969. 

23-3509. Printing of candidate's name and party designation on ballot 
— no party designation for candidates for supreme and district court 
judgeships — persons nominated by more than one party. (1) Candidates' 
names shall be printed in one place on the ballot wnth the name of the 
party or political organization, as found in the certificate of nomination 
in not more than three (3) words, printed opposite the name. 

(2) The names of candidates for chief justice, associate justices, and 
district court judges shall be followed by: "Nominated without party 
designation." 

(3) If a person is nominated for the same office by more than one 
(1) party, he shall file a written election with the officer with whom 
he filed his declaration of nomination in the time required to file the 
declaration. If he fails or neglects to file an election, no party designation 
shall be placed opposite his name. 

History: En. Sec. 92, Ch. 368, L. 1969. 

23-3510. Pasters to be printed and distributed where vacancy has 
been filled — election judges to affix. (1) If a vacancy occurs after the 
printing of the ballots but before election, and a person is nominated 
to fill the vacancy, the officer whose duty it is to have the ballots printed 
must print pasters containing the name of the new nominee and mail 
them to the election judges by registered letter. 

(2) The election judges shall affix the pasters over the substituted 
name in the proper place on each ballot before it is given to the elector. 
History: En. Sec. 93, Ch. 368, L. 1969. 

23-3511. Arrangement of names — rotation on ballot. (1) The candi- 
dates' names shall be arranged alphabetically on tlie ballot according to 
.surnames under the appropriate title of the respective offices. 

225 



23-3512 ELECTIONS 

(2) The candidates of the two (2) major parties shall appear on the 
ballot before and above candidates of minor parties and independent 
candidates. 

(3) The parties whose candidates for governor, except independent 
candidates, received the highest number of votes at the next preceding 
four (4) general elections shall constitute the two (2) major political 
parties. 

(4) If there is a tie in the number of first or second place votes, 
the determination shall be made by going back to enough preceding 
elections to break the tie and no further. 

(5) All other candidates shall be designated as either independent 
candidates or as belonging to minor parties. 

(6) If two (2) or more persons are candidates for election to the 
same office, the registrar shall divide the ballot forms into sets to provide 
a substantial rotation of the names of candidates as follows: 

(a) He shall divide the whole number of ballot forms for the county 
into sets equal in number to the greatest number of candidates for any 
office ; 

(b) He shall arrange the sets so that the names of the candidates 
beginning with a form arranged in alphabetical order, are rotated by re- 
moving one (1) name from the top of the list for each office and placing 
the name or number at the bottom of the list for each successive set of 
ballot forms; 

(c) For the purposes of rotation, the office of president and vice- 
president shall be considered as a group; 

(d) No more than one (1) of the sets shall be used in printing the 
ballot for use in any one (1) precinct, and all ballots furnished for use 
in any precinct shall be identical; 

(e) Candidates of the two (2) major parties shall be rotated so they 
appear on the ballot before and above any candidates of the minor 
parties or independent candidates. 

Histnr-y En. Sec. 94, Ch. 368, L. 1969. 

23-3512. Columns and material to be printed on ballot. (1) Each 
ballot shall contain three (3) categories with at least one (1) column 
for each category. 

(2) At the head of the first column to the left shall be the words, 
"STATE AND NATIONAL," in boldface typo, followed by a list of all 
candidates for state and national offices, including supreme court justices, 
district court judges, and members of the legislative assembly, and the 
list shall progressively continue to t]i(^ top of the second column. 

(3) Next shall be the words "COUNTY AND TOWNSHIP," in large 
boldface type and beneath tJio heading all candidates for county and 
township offices. The list shall progressively continue on to the top of 
the third eolunin. 

(4) Next shtill be the words "INITIATIVES, REFERENDUMS, AND 
CONSTITUTIONAL AMENDMENTS," in boldface type, and listed there- 

226 



ELECTION SUPPLIES AND BALLOTS 23-3513 

under shall be all proposed constitutional amendments and measures to be 
voted which do not involve the creation of any state levy, debt, or lia- 
bility. If there are no such measures, this heading shall be eliminated, 

(5) Following each except the last column, the words "VOTE IN 
THE NEXT COLUMN" shall appear. 

(6) All measures involving the creation of a state levy, debt, or lia- 
bility shall be submitted to the voters upon a separate official ballot. 

(7) Each ballot shall be printed so that all the matters printed are 
equally apportioned among the three (3) categories as nearly as possible. 

History: En. Sec. 95, Ch. 368, L. 1969. 

23-3513. Order of placement. (1) The order of offices on the ballot 
in the first column designated "STATE AND NATIONAL," shall be as 
folloAVS : 

(a) If the election is in a year in which a president of the United 
States is to be elected, in spaces separated from the balance of the party 
tickets by a heavy black line, shall be the names and spaces for voting 
for candidates for president and vice-president. The names of candidates 
for president and vice-president for each political party shall be grouped 
together. 

(b) United States senator; 

(c) United States representative; 

(d) Governor; 

(e) Lieutenant governor; 

(f) Secretary of state; 

(g) Attorney general; 
(h) State treasurer; 
(i) State auditor; 

(j) Kailroad and public service commissioners; 
(k) State superintendent of public instruction; 

(1) Clerk of the supreme court; 

(m) Chief justice of the supreme court; 

(n) Associate justices of the supreme court; 

(o) District court judges; 

(p) State senators, members of the house of representatives. 
If any offices are not to be elected, they shall not be designated but the 
order of offices to be filled shall maintain their relative positions. 

(2) In the column designated, "COUNTY AND TOWNSHIP," the fol- 
lowing order of placement shall be observed: 

(a) Clerk of the district court; 

(b) County commissioner; 

(c) County clerk and recorder; 

(d) Sheriff; 

(e) County attorney; 

(f) County auditor; 

(g) Other offices in the order designated by the registrar. 

(3) In the third column constitutional amendments shall be followed 
by referendum and initiative measures. 

History: En. Sec. 96, Ch. 368, L. 1969. 

227 



23-3514 ELECTIONS 

23-3514. Blank space and margin. (1) Below the names of candidates 
for each office there must be enough blank spaces to contain as many writ- 
ten names of candidates as there are persons to be elected. 

(2) There must be a margin on each side of at least one-half (V2) 
inch in width, and a reasonable space between the names, so that the voter 
may clearly indicate the candidate for whom he wishes to cast his ballot. 
History: En. Sec. 97, Ch. 368, L. 1969. 

23-3515. stub, size and contents. (1) The ballot shall be printed on 
the same leaf with a stub, and separated by a perforated stub. 

(2) The stub shall extend the entire width of the ballot, and have 
instructions printed on it. 

(3) Upon the face of the stub shall be printed, in type called brevier 
capitals, the following : 

(a) "This ballot should be marked with an 'X' in the square before 
the names of each person or candidate for whom the elector intends to 
vote. The elector may write in blank spaces, or paste over another name, 
the name of a person for whom he Avishes to vote, and vote by marking 
an 'X' in the square before the name." 

(b) "If a ballot contains a constitutional amendment, or other ques- 
tion to be submitted to a vote of the people, it is voted on by marking 
an 'X' in the square before the amendment or question." 

(4) On the back of the stub shall be printed or stamped by the regis- 
trar or other officer, the consecutive number of the ballot, beginning with 
number one (1) and increasing in regular numerical order to the total 
number of ballots required for the precinct. 

History: En. Sec. 98, Ch. 368, L. 1969. 

23-3516. Number of ballots to be provided for each precinct. (1) The 
registrar must provide each election precinct with sufficient ballots for 
the electors registered plus sufficient copies to cover destroyed ballots. 

(2) The registrar shall keep a record in his office, showing the exact 
number of ballots that are delivered to the election judges of each 
precinct. 

(3) In city elections the city clerk shall provide necessary ballots. 
History: En. Sec. 99, Ch. 368, L. 1969. 

23-3517. Short-term and long-term elections for same office — order of 
offices on ballot. (1) If there is a short-term and a long-term election 
for the same office, the long-term office shall precede the short-term. 

(2) Above each group of candidates for each office shall be printed 
the words designating the particular office in boldface capital letters and 
directly underneath the words, "VOTE FOR," followed by the number to 
be elected to such office. 

(3) The ballot shall be in a form prescribed by the secretary of state. 
History: En. Sec. 100, Ch. 368, L. 1969. 

228 



CONDUCT OF ELECTIONS 23-3602 

CHAPTER 30 
CONDUCT OF ELECTIONS— THE POLLS— VOTING AND BALLOTS 

Section 

23-3601. Instruction cards, printing, distribution, posting and contents of — display of 

official ballots. 
23-3602. Proclamation prior to opening and closing polls. 
23-3603. Delivery of official ballots to elector. 
23-3604. Sufficient booths to be provided — only one person to occupy booth — may 

be ejected after occupying bootli for unreasonable time. 
23-3605. Prohibited conduct. 
23-3006. Method of voting. 
23-3607. No person except election judge to ])ut ballot or other object in a ballot 

box — penalty. 
23-3608. Putting ballot in box. 
23-3609. Judges may aid disabled elector. 

23-3610. Marking precinct register book before elector votes — procedure. 
23-3611. Grounds of challenge. 
23-3612. Proceedings on challenger for want of identity, having voted before, and 

conviction of felony. 
23-3613. Challenges, how determined. 

23-3614. If a person refuses to be sworn, vote to be rejected. 
23-3615. Trial of challenges. 

23-3616. Proceedings upon determination of challenges. 
23-3617. List of challenges to be kept. 
23-3618. Poll watchers — announcement of voter's name. 

23-3601. Instruction cards, printing, distribution, posting and contents 
of — display of ofiBcial ballots. (1) The registrar shall print on cards in- 
structions to electors on how to vote. 

(2) He shall furnish six (6) cards to the election judges in each pre- 
cinct and one (1) additional card for each fifty (50) registered electors or 
fractional part of fifty (50) at the same time ballots are furnished. 

(3) The election judges shall post at least one (1) card in each com- 
partment provided for the preparation of ballots, and not less than three 
(3) of the cards elsewhere about the polling place. 

(4) The cards shall contain instructions in bold large type : 

(a) On how to obtain ballots for voting; 

(b) On how to prepare ballots for deposit in the ballot box; 

(e) On how to obtain a new ballot in place of one spoiled by accident; 
(d) A copy of sections 94-1407, 94-1411, 94-1412, 94-1413, 94-1414, and 
94-1415, R. C. M. 1947. 

(5) Official ballots provided for in chapter 35 of this act shall be posted 

in each booth or compartment and in three (3) conspicuous places about 

the polling place. 

History: En. Sec. 101, Ch. 368, L. 1969. ence to "chapter 35" for a reference to 

"chapter 6" in subsection (5). 
Compiler's Notes 

The compiler has substituted the refer- 

23-3602. Proclamation prior to opening and closing polls. Before the 
polls are opened or closed that fact must be proclaimed at the place of 
election. 
History: En. Sec. 102, Ch. 368, L. 1969. 

229 



23-3603 ELECTIONS 

23-3603. Delivery of official ballots to elector. (1) The election judges 
must designate two [2) of their number to deliver ballots to electors. 

(2) Before delivery, the election judges shall stamp the words "official 
ballot" on the back and near the top of the ballot. They shall also stamp 
other words required by section 23-3503. 

(3) The election clerks shall enter on the poll lists the name of the 
elector and the number of the stub attached to the ballot given him. 

(4) Each elector shall receive one (1) ballot from the election judges. 

History: En. Sec. 103, Ch. 368, L. 1969. though in reality it was on the stub in- 
stead of on the ballot proper, the act of 

Stamping of Official Ballot the judges in removing the stamp with 

Where ballots had been delivered to the stub — thus leaving the ballot without 

electors by the judges of election with the stamp — did not render the ballot void. 

the official stamp apparently in the place Harrington v. Crichton, 53 M 388, 164 P 

in which the law requires it to be, al- 537. 

23-3604. Sufficient booths to be provided — only one person to occupy 
booth — ^may be ejected after occupying booth for unreasonable time. (1) 
All officers who designate polling places shall : 

(a) Provide in each polling place a sufficient number of booths. The 
officers must furnish each booth with a door or curtain to screen the voter 
from observation ; 

(b) Furnish the booths adequately to enable the elector to prepare his 
ballot ; 

(c) Furnish at least one (1) booth for every fifty (50) electors regis- 
tered in the precinct. 

(2) No more than one (1) person may occupy a booth at one (1) time, 
and no person may occupy a booth longer than is reasonably necessary to 
prepare his ballot, after which the election judges may eject him. 

History: En. Sec. 104, Ch. 368, L. 1969. 

23-3605. Prohibited conduct. (1) An election officer shall not do any 
electioneering on election day. 

(2) A person shall not do any electioneering on election day, within 
any polling place, in any building in which an election is being held, or 
within two hundred (200) feet of the building where the polling place 
is located. 

(3) A person shall not obstruct the entries to a polling place. 

(4) An election officer, sheriff, constable, or other peace officer may 
clear the passageway, prevent any obstruction, and arrest any person ob- 
structing the passageway to a polling place. 

(5) A person shall not remove a ballot from the polling place before 
the closing of the polls. 

(6) A person shall not show the contents of his ballot to any other per- 
son after it is marked. 

(7) A person shall not solicit the elector to show the contents of his 
ballot; nor shall any person, except the election judge, receive from any 
elector a ballot prepared for voting. 

230 



CONDUCT OF ELECTIONS 23-3606 

(8) All elector shall not receive u balldl from any other person tlian 
one of the election judges, nor shall any person other than an election 
judge deliver a ballot to an elector. 

(9) An elector shall not vote any ballot except one received from 
the election judges. 

(10) An elector shall not place any mark upon his ballot by which it 
may be identified as the one voted by him. 

(11) An elector who does not vote a ballot delivered to him shall, 
before leaving the polling place, return the ballot to the election judges. 

History: En. Sec. 105, Ch. 368, L. 1969. Electioneering by election officials, pen- 

„ ^ alty, 94-1413. 

Cross-References Solicitation of votea on election day, sec. 

Disclosing contents of ballot after mark- 94-1453. 
ing, penalty, 94-1414. 

23-3606. Method of voting. (1) On receipt of his ballot, the elector 
must immediately retire to one of the booths and prepare his ballot. 

(2) He shall prepare his ballot by marking an "X" in the square before 
the name of the person or persons for whom he intends to vote. 

(3) If the ballot contains a constitutional amendment, or other question 
to be submitted to the vote of the people, he shall mark an "X" in the 
applicable square indicating his vote either for or against the amendment 
or question. 

(4) The elector may write in the blank spaces, or paste over any 
other name, the name of any person for whom he wishes to vote, and vote 
for that person by marking an "X" before the name. 

(5) After preparing his ballot the elector must fold it so the face 
of the ballot will be concealed and the endorsements may be seen, 
and hand it to the election judges who shall announce the name of the 
elector and the printed or stamped number on the stub in a loud tone 
of voice. The judge must announce the voter's name and record the 
name in the pollbook. If the voting is in a city, the voter's residence shall 
also be announced and recorded in the pollbook. 

(6) If the elector is entitled to vote, and if the printed or stamped num- 
ber is the same as that entered on the pollbooks as the number on the 
stub, the judge shall receive the ballot, and remove the stub in sight of 
the elector depositing each ballot in the ballot box and each stub in a 
box for detached ballot stubs. 

(7) Any elector who spoils his ballot may, on returning the spoiled 
ballot, receive another in place of it. 

ffistory: En. Sec. 106, Ch. 368, L. 1969. voter is not to be disfranchised by the 
■r> -4. * -D 11 4. errors or wrongful acts of election officers. 
Deposit of Ballot Carwile v. Jones, 38 M 590, 599, 101 P 
Act of voting is not completed until the 153. 
ballot is deposited in the ballot box. Good- 
ell V. Judith Basin County, 70 M 222, 233, Marking of Ballot 

224 P 1110. In an election contest, the court prop- 

■n T- X71 i- /^^ ^""ly refused to count for a candidate bal- 

Error by Election Officer ,otg n^arked as follows: (1) Where the 

A ballot properly marked, but from cross was placed after the candidate's 

which the stub has not been detached by name and entirely without his party col- 

the ballot judge, should be counted; a umn; (2) where perpendicular lines were 

231 



23-3607 



ELECTIONS 



drawn through the uaiues in (nio party 
column, but no crops was placed beforp 
the candidate's name; and (3) where his 
name was written in one party column, 
but no cross marked in the square l)efore 
tlic name. In neither instance was there 
substantial, nor any, comi)liance with the 
provisions of predecessor section. Carwile 
V. Jones, 38 M 590, 595, 101 P 153. 

In an election contest, the court prop- 
erly refused to count a ballot for a candi- 
date which was marked by crossing out all 
the names in other party columns, but 
which failed to show an "X" before his 
name. While the intention of the voter is 
generally a very material consideration, 
he must express his intention substantially 
as indicated bv the statute. Carwile v. 
Jones, 38 M '590, 595, 101 P 153. 

Where the crossmark was placed after 
the candidate's name but within his party 
column, the ballot was void, since the 
elector did not substantially comply with 
the requirement of prior section relative 
to placing the mark before the name. 
Carwile v. Jones, 38 M 590, 595, 101 P 
153. 

Any mark within the square before the 
candidate's name, which can be said to 
be a crossing of two lines, will answer the 
requirements of the statute that the elec- 
tor must place an "X" in such square; 
and in the absence of anything to indi- 
cate a purpose on his part to identify his 
ballot by the use of a third line within 



the square, a defect in the mark is not 
sufficient to vitiate the ballot. Carwile v. 
Jones, 38 M 590, 595, 101 P 153, explained 
in 109 M 390, 393, 396, 96 P 2d 922. 

Statutory provision that a ballot should 
bo marked by ;\n "X" in the square is 
diroctoi'y and not niandatoiy, and in the 
absence of a further provision that unless 
so marked the ballot shall not be counted, 
a ballot upon which the elector marked 
all squares with a check mark (\') instead 
of an "X" should have been counted for 
contestant, there being nothing to indicate 
an attempt to mark the ballot for identifi- 
cation purposes. Peterson v. Billings, 109 
M 390, 395, 96 P 2d 922. 

Voting an Aflarmative Act 

The casting of a ballot at an election of 
public officers is an affirmative, not a nega- 
tive, act — an act done with intention of 
voting for someone; hence if it is the 
purpose of voters to defeat a certain can- 
didate, that purpose can be accomplished 
only by voting for some person in opposi- 
tion to him, and not by voting for a per- 
son who died some weeks before election 
with the expectation that the vote cast 
for him would be counted as opposed to 
the person sought to be defeated; one 
wlio has died is no longer a person for 
whom, under section 2, article IX of the 
constitution, a voter may cast his ballot. 
State ex rel. Wolff v. Geurkink, 111 M 
417, 426, 109 P 2d 1094, 133 ALE 304. 



23-3607. No person except election judge to put ballot or other object 
in a ballot box — penalty. No person, except an election judge shall put 
a ballot, any paper resembling a ballot, or anything other than a ballot 
in a ballot box. A person violating this section is guilty of a misdemeanor. 
An election judge who knowingly permits a violation of this act is guilty 
of a felony. 
History: En. Sec. 107, Ch. 368, L. 1969. 

23-3608. Putting ballot in box. If tlie name of an elector appears in 
the official register of the precinct, or if the person offering to vote produces 
a proper registry certificate and his vote is not rejected upon a challenge, 
the election judge must immediately and publicly in the presence of all 
the judges, place the ballot in tlie ballot box without opening or examin- 
ing it. 

History: En. Sec. 108, Ch. 368, L. 1969. 



23-3609. Judges may aid disabled elector. (1) Tlie election judges 
shall aid an elector, who because of physical disability or inability to read 
or write, needs assistance in marking his ballot. 

(2) The elector shall be assisted by two (2) judges who represent differ- 
ent parties. The disabled elector may request that a qualified elector he des- 
ignates also aid him in voting. The election judges must certify on the official 

232 



CONDUCT OF ELECTIONS 



23-3610 



register opposite tlie disabled elector's iiajne that the ballot was marked with 
their assistance and the name of any other elector designated. Neither the 
judges nor a person who aided the elector may reveal information regard- 
ing the ballot. 

(3) The election judges shall require the declaration of disability by 
the elector under oath. They are authorized to administer the oath. 

(4) No elector, other than the one who is unable to vote, may divulge 
to anyone within the polling place the name of any candidate for whom 
he intends to vote, or ask or receive the assistance of any person within 
the polling place in the preparation of his ballot. 

(5) Instead of assistance, as provided in subsection (2) of this section, 
the elector may request the assistance of any qualified elector whom he 
designates to the judges to aid him in the marking of his ballot, and 
the judges must certify on the official register opposite the name of such 
disabled elector that it was so marked with their assistance. 



History: En. Sec. 109, Ch. 368, L. 1969. 

Evidence 

Where it appeared in an election con- 
test that a voter's ballot had been en- 
dorsed by the judges of election, as re- 
quired by law, it was necessary to show 
that it could not thereby be identified, 
in order to let in, as secondary evidence, 
testimony as to how he voted. Lane v. 
Bailey, 29 M 548, 560, 75 P 191. 

Need Not Certify Reason for Assistance 
A ballot bearing the endorsement: 



"Voted by H. and M. (judges election) 
for illegibility of voter," was not void on 
the ground that the reason given for 
assisting the voter was not one recognized 
by law, since section does not require the 
judges to certify the reason for assisting 
an elector, and tlie words "for illegibility 
of voter" were therefore surplusage; and 
in the absence of a showing why they 
gave assistance, it will be presumed that 
they regularly performed their official du- 
ties. Carwile v. Jones, 38 M 590, 599 101 
P 153. 



23-3610. Marking precinct register book before elector votes — pro- 
cedure. (1) The election judges at every general or special election shall, 
in the precinct register book, mark a cross (X) upon the line opposite 
to the name of the elector. 

(2) Before an elector is permitted to vote, the election judges shall 
require the elector to sign his name on the place designated in the precinct 
register. 

(3) The election judges shall require an elector not able to sign his 
name to produce two (2) electors who shall make an affidavit before the 
election judges, or one (1) of them, in a form prescribed by the secretary 
of state. 

(4) The affidavit shall be filed by the election judges, and returned to 
the registrar with the returns of the election. One (1) of the judges shall 
write the elector's name, note the fact of his inability to sign, and the 
names of the two (2) electors. 

(5) If tlie elector fails or refuses to sign his nam(>, and if unable 
to write fails to procure two (2) electors who will take tlie onth required, 
he sliall not be allowed to vote. 

((!) Iiiiniediatei^' after the canvass of the returns, the election judges 
shall deliver to the registrar the official register, sealed, with t!ie election 
returns and pollbook which have been used for the election. 

233 



23-3611 ELECTIONS 

(7) Each precinct shall keep a list of persons voting, and the name of 
each person who votes shall be entered in it and numbered in the order 
voting. This list is known as the pollbook. 
History: En. Sec. 110, Ch. 368, L. 1969. 

23-3611. Grounds of challenge. A person offering to vote may be orally 
challenged by any elector of the county, upon the following grounds: 

(1) That he is not the person whose name appears on the register or 
checklist; 

(2) That he has been adjudicated insane or is confined to a state 
institution ; 

(3) That he has voted before that day; 

(4) That he has been convicted of a felony and has not been pardoned. 

History: En. Sec. Ill, Ch. 368, L. 1969. Cross-References 

Challenges at nominating elections, sec. 
94-1446. 

23-3612. Proceedings on challenges for want of identity, having voted 
before, and conviction of felony. (1) If the challenge is on the ground 
that the person is not the person whose name appears on the official 
register, the election judges shall administer the following oath : "You do 
swear (or affirm) that you are the person whose name is entered on the 
official register and precinct list." 

(2) If the challenge is on the ground that the person has voted before 
that day, the judges shall administer this oath : "You do swear (or affirm) 
that you have not before voted this day." 

(3) If the challenge is on the ground that the person has been convicted 
of a felonj^ the judges shall administer the following oath : "You do swear 
(or affirm) that you have not been convicted of a felony." 

History: En. Sec. 112, Ch. 368, L. 1969. 

23-3613. Challenges, how determined. (1) Challenges on the grounds 
that the person is not the person whose name appears on the official regis- 
ter or that the person has before voted that day are determined in favor of 
the person challenged by his taking the oath tendered. 

(2) A challenge that the person has been convicted of a felony and 
not pardoned must be determined in favor of the challenged on his taking 
the oath tendered, unless the conviction is proved by producing an authenti- 
cated copy of the record, or by oral testimony of two (2) witnesses. 

(a) If a person convicted of a felony states he was pardoned, he must 
exhibit his pardon or certified copy to the election judges. 

(b) If the pardon is found sufficient, the election judges shall admin- 
ister this oath: "You do swear (or affirm) that you have not been convicted 
of any felony other tlian that for which a pardon is now exhibited." 

(c) After taking the oath, the person must be allowed to vote if other- 
wise qualified, unless a conviction of some other felony is proved. 

History: En. Sec. 113, Ch. 368, L. 1969. 

23-3614. If a person refuses to be sworn, vote to be rejected. If a 

person clialleiigcd refuses to t;ike tlie oatli tendered, or refuses to be sworn 

234 



CONDUCT OF ELECTIONS 23-3618 

and to aiiswoi- the questions toueliing the matter of residence, he shall not_ 
be allowed to vote. 
History: En. Sec. 114, Ch. 368, L. 1969. 

23-3615. Trial of challenges. Challenges for causes other than those 
specified in this chapter must be tried and determined by the election 
judges at the time of the challenge. 
History: En. Sec. 115, Ch. 368, L. 1969. 

23-3616. Proceeding's upon determination of challenges. If the chal- 
lenge is determined against the person ofifering to vote, the ballot shall, 
without examination, be destroyed by the election judges in the presence 
of the person offering the challenge. If determined in his favor, the ballot 
must be deposited in the ballot box. 
History: En. Sec. 116, Ch. 368, L. 1969. 

23-3617. List of challenges to be kept. The election judges shall re- 
quire each election clerk to keep a list showing: 

(1) The names of all persons challenged; 

(2) The grounds of each challenge; 

(3) The determination of the election judges upon the challenge. 
History: En. Sec. 117, Ch. 368, L. 1969. 

23-3618. Poll watchers — announcement of voter's name. The election 
judges shall permit one (1) poll watcher from each political party to station 
himself close to the poll lists in a location that does not interfere with elec- 
tion procedures. At the time that each elector signs his name, one (1) of 
the election judges shall pronounce the name loud enough to be heard 
by the poll watchers. A poll watcher who does not understand the pro- 
nunciation has the right to request that the judge repeat the name. Poll 
watchers shall also be permitted to observe all of the vote-counting pro- 
cedures of the judges and all entries of the results of the elections. 
History: En. Sec. 118, Ch. 368, L. 1969. 

CHAPTER 37 

ABSENTEE VOTING AND EEGISTEATION 

Section 

23-3701. Voting by elector when absent from place of residence or physically in- 
capacitated from going to polls. 

23-3702. Forms and rules for absentee voting in school district elections. 

23-3703. Application of absentee or physically incapacitated person for ballot. 

23-3704. Form of application — affidavit — manner. 

23-3705. Transmission of application to county clerk — delivery of ballot. 

23-3706. Mailing ballot to elector — aflftdavit — electors in the United States service. 

23-3707. Marking and swearing to ballot by ok-ctor. 

23-3708. Disposition of marked ballot upon receipt by registrar or clerk. 

23-3709. Delivery of ballots to election judges — ballots to lie rejected — ballots not to 
count. 

23-3710. Eegistrar or clerk to keep record of ballots nnd ishsue certificate. 

23-3711. Duty of eh'ction judges- — polDtooks, numbering ballots and rejected ballots. 

23-37 J 2. Voting before election day by piospective absentee or pliysiciilly incapaci- 
tated elector. 

235 



23-3701 ELECTIONS 

23-3713. Envelopes containing ballots — deposit in box and rejection of ballot- 

23-3714. Elector whose absentee ballot has been rejected as defective may vote in 

person. 

23-3715. Opening of envelopes after deposit, 

23-3716. Voting machines — canvass of votes. 

23-3717. False swearing perjury — official misconduct a misdemeanor. 

23-3718. "Elector in the United States service" defined. 

23-3719. Registration of absent electors in United States service. 

23-3720. Oath for elector in United States service. 

23-3721. Classification of federal post card application. 

23-3722. Method of registration of voter absent from county. 

23-3723. Registration card mailed upon application. 

23-3701. Voting- by elector when absent from place of residence or 
physically incapacitated from going to polls. A qualified registered elector 
who will be absent from the county or physically incapacitated and unable 
to go to the polls on the day of election may vote as provided in sections 
23-3701 through 23-3723. 
History: En. Sec. 119, Ch. 368, L. 1969. 

DECISIONS UNDER FORMER LAW 

Constitutionality sided in the state one year immediately 

Prior Absent Voters Law was valid preceding this election at which he offers 

enactment and did not violate section 2, ^o vote." Goodell v. Judith Basin County, 

article IX of the state constitution, which 70 M 222, 227, 224 P 1110. 
provides that an elector "shall have re- 

23-3702. Forms and rules for absentee voting in school district elec- 
tions. The state superintendent of public instruction shall prepare the 
form of application for absentee ballots and other forms necessary for 
school district elections and may make necessary rules to carry out the 
purpose of this chapter as it pertains to school districts. 
History: En. Sec. 120, Ch. 368, L. 1969. 

23-3703. Application of absentee or physically incapacitated person for 
ballot. During a period beginning forty-five (45) days before the day of 
an election and ending at 12 noon on the day before the election, an 
elector expecting to be absent from the county in which his voting precinct 
is situated, an elector in United States service, or an elector who will 
be unable to go to the polls because of physical incapacity may apply to 
the registrar or city clerk for an absentee ballot. 
History: En. Sec. 121, Ch. 368, L. 1969. 

23-3704. Form of application — affidavit — manner. (1) Application 
for absentee ballots shall be made on a form furnished by the registrar of 
the county of which the applicant is an elector, the city clerk, or clerk of a 
first class school district. The form shall be prescribed by the secretary of 
state except as provided in section 23-3702. 

(2) The applicant shall subscribe the application and swear to it be- 
fore an officer authorized to administer oaths. Tlio application is not 
complete without this affidavit. 

(3) Application for an absentee ballot may be made by any elector in 
the United fStates service by tlie federal post card application or by any 

236 



ABSENTEE VOTING AND REGISTRATION 23-3707 

written rei^ie^t signed by the applicant, addressed to the registrar of the 
applicant's residence. 
History: En. Sec. 122, Ch. 368, L. 1969. 

23-3705. Transmission of application to county clerk — delivery of ballot. 
(1) The elector shall forward the application by mail or deliver it in 
person to the registrar. 

(2) The registrar shall compare the signature on the application witli 
the applicant's signature on the registration card. If convinced the person 
making the application is the same as the one whose name appears on the 
registration card, he shall deliver the ballot. 
History: En. Sec. 123, Ch. 368, L. 1969. 

23-3706. Mailing" ballot to elector — affidavit — electors in the United 
States service. (1) Either upon receipt of the application or immediately 
after the official ballot for the precinct of the applicant's residence has been 
printed, the registrar, city clerk, or clerk of a first class school district shall 
send by mail, postage prepaid, whatever official ballots are necessary. 

(2) The proper officer shall enclose an envelope with the ballots which 
has written on the front the name, title, and post-office address of the officer 
sending it, and upon the other side a printed affidavit in a form prescribed 
by the secretary of state. 

(3) Both the envelope in which the ballot is mailed to an elector in 
the United States service and the return envelope shall have printed 
across the face two parallel horizontal red bars, each one-quarter (%) 
inch wide, extending from one side of the envelope to the other, with an 
intervening space of one-quarter (i/4) inch, with the words "Official Elec- 
tion Ballot Material — via Air Mail," between the bars. In the upper 
right-hand corner shall be printed "Free of U.S. Postage." In the upper 
left-hand corner shall be blanks sufficient for the recipient to place his 
return address. All printing on the face of the envelope shall be in red. 

(4) The return address shall be self-addressed to the registrar or 
city clerk. 

(5) Instructions for voting shall be enclosed with the ballots for 

electors in the United States service. 

History: En. Sec. 124, Ch. 368, L. 1969. electors to apply therefor and request that 

such ballots be delivered to such person, 
Improper Delivery were void and could not be voted at ensu- 

Absent voter's ballot delivered by coun- ing election. State ex rel. Van Horn v. 

ty clerk not to electors personally or by Lyon, 119 M 212, 173 P 2d 891, 895. 

mail, but to one engaged in procuring 

23-3707. Marking and swearing" to ballot by elector. (1) The elector 
shall complete the affidavit before an officer authorized by law at the place 
of execution to administer oaths. 

(2) The elector shall mark each ballot in the presence of the officer 
only, in a manner so the officer cannot see the vote. 

(3) The ballot shall be folded by the elector to conceal the vote in 
the presence of the officer and the elector shall, in the officer's presence, 
place it in the envelope and seal it. 

237 



23-3708 ELECTIONS 

(4) Tlie ofiQcer shall sigu at the end of the certificate and affidavit. 

(5) The elector shall mail the envelope, postage prepaid, or deliver 
it to the registrar, city clerk, or clerk of a first class school district. 

History: En. Sec. 125, Ch. 368, L. 1969. 

23-3708. Disposition of marked ballot upon receipt by registrar or clerk. 

(1) Upon receipt of the envelope, the registrar, city clerk, or clerk of a 
first class school district shall immediately enclose it in a larger envelope, 
together with the elector's application and seal it. 

(2) The registrar, city clerk, or clerk of a first class school district 
shall safely keep it in his office until delivered or mailed by him. 
History: En. Sec. 126, Ch. 368, L. 1969. 

23-3709. Delivery of ballots to election judges — ^ballots to be rejected — 
ballots not to count. (1) If the absentee ballot is received prior to de- 
livery of the official ballots to the election judges, the registrar or clerk 
shall deliver the larger envelope to the judges at the same time the ballots 
are delivered. 

(2) If absentee ballots are received after the ballots are delivered to 
the election judges, the registrar or clerk shall immediately deliver the 
larger envelopes by mail postage prepaid to the judges. 

(3) If absentee ballots are received by the registrar or clerk for which 
application was not received prior to 12 noon on the day 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." Absentee ballots 
so endorsed shall be delivered to the election judges of the precinct and 
shall be rejected. 

(4) If an elector votes absentee ballot and dies between the time of 
balloting and election day, his ballot will not count. 

History: En. Sec. 127, Ch, 368, L. 1969. 

23-3710. Registrar or clerk to keep record of ballots and issue cer- 
tificate. (1) The absentee ballots delivered shall be regular official ballots 
beginning with ballot number one (1) and following consecutively, accord- 
ing to the number of applications for absentee ballots. 

(2) The registrar, city clerk, or school district clerk shall keep a 
record of all absentee ballots delivered, as well as of ballots marked before 
him. 

(3) The registrar, city clerk, or school district clerk shall deliver 
to the election judges to whom the ballots are delivered a certificate 
stating the number of absentee ballots delivered as well as those marked 
before him, and the names of the voters to whom such ballots are de- 
livered, or by wliom they have been marked if marked before him. 

History: En. Sec. 128, Ch. 368, L. 1969. 

23-3711. Duty of election judges — poUbooks, numbering ballots and 
rejected ballots. (1) The election judges, at the opening of the polls, 
shall note on the poUbooks opposite the numbers corresponding to the 

238 



I 



ABSENTEE VOTING AND REGISTRATION 23-3713 

number of absentee ballots issued the fact that the ballots were issued 
and reserve the numbers for the absent or physically incapacitated voters. 
The notation may be made by writing the words "absent or physically in- 
capacitated voters" opposite the numbers. 

(2) The election judges shall insert only the names of the elector en- 
titled to each particular number according to the certificate of the registrar 
or city clerk and the number of his ballot. 

(3) Any absentee ballots which have been rejected shall be placed 
with the voter's application and the absent or physically incapacitated 
voter's envelope furnished by the registrar or city clerk. 

(a) This envelope shall be sealed and endorsed by the words, "re- 
jected absentee ballots," numbered , and shall put on it the number of 

the absentee ballots given according to the registrar's or city clerk's cer- 
tificates. 

(b) There shall be a separate enclosing envelope for the absentee 
ballots rejected, and the envelopes shall be placed in an envelope together 
with other ballots, and shall not be opened without a court order. 

History: En. Sec. 129, Ch. 368, L. 1969. 

23-3712. Voting before election day by prospective absentee or physi- 
cally incapacitated elector. (1) An elector who is present in his county 
after the official ballots of his county or school district have been printed 
who has reason to believe that he will be absent from the county or school 
district or physically incapacitated on election day, may vote before 
election day before the registrar, city clerk, or school district clerk, or 
some officer authorized to administer oaths and having the official seal. 

(2) The provisions of this chapter apply to such voting. 

(3) If the ballot is marked before the registrar, city clerk, or school 
district clerk, he shall deal with it in the same manner as if it had 
come by mail. 

History: En. Sec. 130, Ch. 368, L. 1969. 

23-3713. Envelopes containing ballots — deposit in box and rejection of 
ballot. (1) While the polls are open on election day, the election judges 
shall first open the outer envelope only, and compare the signature of the 
voter on the application and on the affidavit. 

(2) If the election judges find that the signatures correspond, that the 
affidavit is sufficient, and that the absentee elector is qualified and has not 
yet voted, they shall open the absentee voter's envelope and take out the 
ballot or ballots and, without unfolding it or permitting it to be examined, 
ascertain whether the stub is still attached and whether the number corre- 
sponds to the number in the certificate of the registrar or city clerk. 

(3) If so, they shall endorse it the same way that other ballots are 
endorsed, detach the stub, deposit the ballots in the proper ballot boxes, 
and make entries in their election records to show the elector has voted. 

(4) If the affidavit is found defective, the numbers do not correspond, 
or the voter is unqualified, the election judges, without opening the 
absentee ballot, shall mark across the face of it "rejected as defective" 
or "rejected as not an elector." 

239 



23-3714 ELECTIONS 

(5) The absentee ballot envelope, when it has been voted or rejected, 
shall be deposited in the ballot box containing the general or part}' ballots, 
and shall be retained and preserved in the manner provided for official 
ballots. 

(6) If, upon opening the absentee ballot envelope, it is found that the 
stub of any ballot has been detached, or that the number does not correspond 
to the number on the certificate of the registrar or clerk, the ballot shall 

be rejected. It shall be marked on back as "rejected for ," filling 

the blank with the reason. This statement shall be dated and signed by 
a majority of the election judges. 

(7) The rejected ballots, together with the absentee ballot envelope 
bearing the application shall be enclosed in an envelope, sealed, and the 
judges shall write on the envelope, "rejected ballot of absentee voter" 
(writing in the elector's name). "The rejected ballot(s) is (are) " 

(8) The election judges shall designate the rejected ballot as "general 
ballot," if it is a ballot for candidates that are rejected. 

(9) If the rejected ballot is on a question submitted to the vote of 

the electors, the judges shall designate it as ballot question No 

in the certificate on the envelope. 

(10) A separate enclosing envelope shall be used for each absentee 
ballot rejected. This envelope shall be placed in the envelope in which 
the other ballots voted are required to be placed and shall not be opened 
without a court order. 

(11) The registrar or clerk shall provide and deliver to the election 

judges suitable envelopes for enclosing rejected absentee ballots. 

History: En. Sec. 131, Ch. 368, L. 1969. posited in the ballot box before the clos- 
ing of the polls on election day, and this 
Voting Accomplished is equally true for absent voters. Maddox 

Voting is accomplished not merely by v. Board of State Canvassers, 116 M 217, 

marking the ballot, but by having it de- 223, 149 P 2d 112. 

livered to the election officials and de- 

23-3714. Elector whose absentee ballot has been rejected as defective 
may vote in person. If the envelope containing the absentee ballot has 
been marked "rejected as defective" and deposited in the ballot box, the 
elector appearing has the same right to vote as if he had not attempted to 
vote as an absent or physically incapacitated voter. If voting machines 
are used, he shall vote by machine as other voters. 
History: En. Sec. 132, Ch. 368, L. 1969. 

23-3715. Opening of envelopes after deposit. If an envelope containing 
an absentee ballot has been deposited unopened in the ballot box, the en- 
velope shall be opened without a court order and the ballot cast. 
History: En. Sec. 133, Ch. 368, L. 1969. 

23-3716. Voting machines — canvass of votes. (1) In precincts where 
voting machines are used, the registrar, city clerk, or clerk of a school 
district shall print and provide ballots in official form for possible absent 
or physically incapacitated voters, and also pollbooks and ballot boxes 
required for precincts in which printed ballots are used. 

240 



ABSENTEE VOTING AND REGISTRATION 23-3720 

(2) Absentee btillots received in those precincts shall be handled as 
provided in this chapter. 

(3) In making the official canvass, the votes cast by absentee ballot 
shall be added to the votes cast on the voting maeliincs. 

History: En. Sec, 134, Ch. 368, L. 1969. 

23-3717. False swearing perjury — ofBcial misconduct a misdemeanor. 

(1) If a person willfully swears falsely to any affidavit ho is guilty of 
perjury. 

(2) If the registrar, clerk, or any election officer: 

(a) Refuses or neglects to perform any duties prescribed by this act, 

(b) Makes false statements in his certificate regarding affidavits, 

(c) Looks at any marks made by the voter upon the ballot, 

(d) Allows any person other than the voter to be present at the 
marking of such ballot, 

(e) Sees any marks made by the voter on the ballot, he is guilty 
of a misdemeanor and upon conviction shall be fined not more than five 
hundred dollars ($500), imprisoned in the county jail for not more than 
six (6) months, or both. 

History: En. Sec. 135, Ch. 368, L. 1969. 

23-3718. "Elector in the United States service" defined. "Elector in 
the United States service" means: 

(1) A member of the armed forces in the active service, and his 
spouse and dependents; 

(2) A civilian employee of the United States in all categories serving 
outside the territorial limits of the several states of the United States or 
in the District of Columbia and his spouse and dependents when residing 
or accompanying him; 

(3) A member of a religious group or welfare agency assisting members 
of the armed forces of the United States who are officially attached to and 
serving the armed forces, and his spouse and dependents. 

History: En. Sec. 136, Ch. 368, L. 1969. 

23-3719. Registration of absent electors in United States service. (1) 

An elector in United States service who is abent from the state is entitled 
to register by mailing to the registrar a federal post card application filled 
out and signed under oath. 

(2) The form of the federal post card application, which may be used 
both as an application for registration and for a ballot, shall be prescribed 
by the secretary of state. 

History: En. Sec. 137, Ch. 368, L. 1969. 

23-3720. Oath for elector in United States service. (1) Any oath re- 
quired for electors in the United States service to register, request a ballot, 
or vote, may be administered and attested, within or without the United 
States, by any commissioned officer in active service, or any civilian official 
empowered by state or federal law to administer oaths. 

241 



23-3721 ELECTIONS 

(2) No official seal is required to be affixed to the oath and neither the 
elector nor the certifying officer need disclose his whereabouts at the 
time of taking the oath except to the extent required by the federal post 
card application. 
History: En. Sec. 138, Ch. 368, L. 1969. 

23-3721. Classification of federal post card application. (1) Upon re- 
ceipt by the registrar of a federal post card application properly filled 
out and signed under oath, the registrar shall classify the application ac- 
cording to the precinct in which the elector resides and arrange the cards 
in each precinct in alphabetical order. 

(2) The registrar shall, upon receipt of any federal post card applica- 
tion, immediately enter upon the official register of the county in the 
proper precinct the full information given by the elector. 

(3) If an elector in the United States service has not already re- 
quested an absentee ballot, the registrar shall, immediately upon entry 
in the official registry of the name of the elector send to him by the fastest 
mail service available a notice that he has been registered and informing 
him that in order to secure a ballot he must mail at any time within forty- 
five (45) days preceding the election another federal post card application 
to his registrar or city clerk. 

History: En. Sec. 139, Ch. 368, L. 1969. 

23-3722. Method of registration of voter absent from county. (1) An 

elector who is unable to make personal application for registration by reason 
of being absent from the county, may register to vote prior to the close 
of registration before any election, by appearing, executing and verifying 
under oath, before a notary public or other officer empowered to administer 
oaths, at any place within the United States, a registration card as provided 
in sections 23-3701 through 23-3723. 

(2) He must return the card in sufficient time to reach the registrar 
before the close of registration. 

(3) The elector's name may not be entered in the official register 
until at least two (2) registered electors of the county in which the elector 
desiring to be registered has his place of residence as stated in his applica- 
tion for registration, appear before the registrar and make affidavits in 
writing, stating that they are personally acquainted with the applicant, 
are familiar with and know his signature, and have seen him write and 
that the signature subscribed to the application or [for] registration is 
the signature of the elector. 

History: En. Sec. 140, Ch. 368, L. 1969. 

23-3723. Registration card mailed upon application. (1) The registrar 
of the county of the elector's legal residence shall furnish to any elector 
applying, whether application be made by mail, telegram or telephone, a 
registration card. 

(2) The card shall be sent postage prepaid by the registrar to the 
address furnished by the elector at the time of making his application. 
History: En. Sec. 141, Ch. 368, L. 1969. 

242 



VOTING MACHINES 23-3801 

CHAPTER 38 

VOTING MACHINES 

Section 

i!3-3801. Voting machines — secretary of state. 

23-3802. Specifications of machines recjiiired. 

23-3803. Providing voting machines — payment. 

23-3804. Preparation of machines for use. 

23-3803. Write-in ballots. 

23-3806. Placement of machines — time voter to remain in booth — election board 

make-up. 

23-3807. Eegistrar to instruct election judges. 

23-3808. Publication of information concerning machines. 

23-3809. Voting nuichine to be exhibited. 

23-3810. Furnishing samples and supplies, 

23-3811. Registry lists — provision for number of each ballot. 

23-3812. Assistance to illiterate, blind or physically disabled voters. 

23-3813. Counting the votes. 

23-3814. Procedure after count is ascertained. 

23-3815. Disposition of write-in ballots and tally sheets. 

23-3816. Return sheets — contents. 

23-3817. Experimental use of machines. 

23-3818. Machine breakdowns — electors may vote by paper ballot upon request. 

23-3819. Use of separate paper ballots for voting on certain money issues where 

machines do not allow proper lockout. 

23-3820. Penalty for tampering with or injuring machines. 

23-3821. Penalty for fraudulent returns or certificates. 

23-3822. Applicability of election laws in general where not in conflict with this 

chapter. 

23-3801. Voting machines — secretary of state. (1) Before any voting 
machine can be used, the secretary of state shall : 

(a) Examine the machine to determine if it complies with the require- 
ments of sections 23-3801 through 23-3822. 

(b) Within thirty (30) days after examining a machine, file a report 
in his office on each machine examined; 

(e) Within five (5) days after filing the report, transmit to the com- 
missioners, city council, or other board having control of elections in each 
county or city a list of the machines approved. 

(2) A machine shall not be used unless approved by the secretary 
of state sixty (60) days or more prior to the election. 

(3) The secretary of state may employ qualified mechanics who are 
electors to assist him in duties required by this chapter and compensate 
them. 

(4) The person or company submitting a machine for examination 
before the filing of the report shall pay the compensation and expenses 
of mechanics connected with the examination to the secretary of state for 
deposit in the state general fund. 

History: En. Sec. 142, Ch. 368, L. 1969. 

DECISIONS UNDER FORMER LAW 

Constitutionality ing employed not to designate a piece of 

Prior voting machine law was not in- Paper, but a method to ensure, so far as 

valid as in contravention of section 1, possible, the secrecy and integrity of the 

article IX of the constitution of Montana POP"^-^/,^^,^,- ^t^ltf ^L^'^i" -^''""" ""• ^^^** 
which provided that all elections shall be "ig> 53 M 3/1, 37/, 163 P 1156. 
"by ballot"; the term "ballot" be- 

243 



23-3802 ELECTIONS 

23-3802. Specifications of machines required. (1) A niacliine or ma- 
chine yysteni niiiy not be approved unless: 

(a) An ok'ctor can vote in secrecy as lie is eiilith-d to vote by law; 

(b) An elector is i)revented from votiiij,' for any candidate or upon any 
question more than once and is also prevented from voting for any person 
or on any proposition, if he is not entitled to vote; 

(c) An elector can vote a split ticket if he desires; 

(d) Every vote cast is registered and recorded. 

(2) The candidates for president and vice-president shall appear on 
the machine ballot. Presidential electors shall not appear on the machine. 

(3) The machine or machine system must be constructed so that it 
cannot be tampered with for a fraudulent purpose and must also be con- 
structed so that during the progress of the voting no person can see or 
know the number of votes registered for any candidate or on any proposi- 
tion. 

History: En. Sec. 143, Ch. 368, L. 1969. cast it and have it counted as cast, and 

which cannot be tampered with or manip- 

Tampering with Machine ulated in such a way that, though properly 

Act does not require a voting machine operated by the elector, it would seem to 

which will he proof against all tampering receive and record his vote without doing 

or manipulation, but one which, when hon- so. State ex rel, Fenner v. Keating, 53 

estly operated, will enable an elector to M 371, 381, 163 P 1156. 
secretly cast his vote as he wishes to 

23-3803. Providing voting machines — payment. (1) Commissioners 
and councils may provide approved voting machines as practicable, 

(2) Not later than September 10, prior to a general election, the com- 
missioners or council of a city may unite two (2) or more precincts to use 
a voting machine. Notice of the consolidation shall be given as provided 
by law for the change of election districts. 

(3) Funds for voting machines may be provided by interest-bearing 
bonds, certificates of indebtedness, or other obligations. The term of 
the bonds, certificates, or other obligations may not exceed ten (10) years 
and they shall not be issued or sold at less than par. 

History: En. Sec. 144, Ch. 368, L. 1969. 

23-3804. Preparation of machines for use. (1) The registrar or city 
clerk shall put the proper ballots upon each voting machine corresponding 
with the sample ballots. The registrars or city clerks shall also: 

(a) Set, adjust, and put the machines in order; 

(b) Deliver the machines to the precincts together with necessary 
furniture and appliances ; 

(c) Place a shield painted black and marked "not in use" over the 
keys or levers not in use on the voting machine. 

(2) In primary elections a separate row or column shall be assigned 
to each political party and at least one (1) row shall separate the rows 
assigned to the two (2) major political parties. This row shall be used for 
the nonpartisan judicial ballot. 

244 



VOTING MACHINES 23-3807 

(3) In f;:cneral elections the ballot sliall be arranjj^ed and the names 
of the candidates rotated to conform as nearly as possible to the require- 
ments for paper ballots. 

(4) Candidates of the two (2) major parties shall be rotated between 
the first two (2) horizontal rows or vertical columns, and candidates of 
minor parties and independent candidates shall be rotated between suc- 
ceeding rows or columns. 

(5) The party designation of each candidate shall appear below his 
name in type as large as machine design will allow. 

(6) The judicial ballot shall appear in the first two (2) horizontal or 
vertical rows or columns as prescribed by section 23-3513. 

(7) The election judges shall compare the ballots on the machine 
with sample ballots, ensure that all counters are set at zero and the 
machine is in order. They shall not thereafter permit the machine to 
be operated or moved except by electors voting. They shall also see that 
arrangements are made for voting write-in ballots on the machine, if the 
machine is so arranged. 

History: En. Sec. 145, Ch. 368, L. 1969. 

23-3805. Write-in ballots. (1) If a voting machine allows registry 
or recording of votes for candidates whose names are not on the official 
ballot, these ballots are write-in ballots. 

(2) A person whose name appears on a ballot shall not receive votes 
for the same office on a device for casting a write-in ballot. 

History: En. Sec. 146, Ch. 368, L. 1969. 

23-3806. Placement of machines — time voter to remain in booth — elec- 
tion board make-up. (1) The exterior of the voting machines and every 
part of the polling place shall be in plain view of the election judges. 

(a) The machines shall be placed so that other persons on the 
premises cannot see how the voter casts his vote. 

(b) The election judges shall not permit any person to remain in any 
position that would permit him or them to see how the voter votes or 
has voted. 

(c) A voter shall not remain within the voting machine booth or 
compartment longer than is reasonably necessary to vote. If he refuses 
to leave, the election judges shall remove him. 

(2) The election board of a precinct in which a voting machine is 
used consists of three (3) election judges and any special board of election 
judges appointed to count absentee ballots. If more than one (1) machine 
is used, one (1) additional election judge shall be appointed for each 
additional machine. 
History: En. Sec. 147, Cli. 368, L. 1969. 

23-3807. Registrar to instruct election judges. (1) Before each elec- 
tion, the registrar shall instruct all election judges in the use of the ma- 
chine and their duties. He shall give to each election judge that has re- 

245 



23-3808 ELECTIONS 

ceived instruction, and is fully qualified to conduct the election with the 
machine, a certificate to that effect. 

(2) The registrar shall call meetings of the election judges as neces- 
sary for instruction. Election judges shall attend meetings as necessary 
to receive the proper instructions. 

(3) An election judge shall not serve if voting machines are used 
unless he has received instruction, is fully qualified to perform duties in 
connection with the machine, and has received a certificate to that effect 
from the custodian. However, this shall not prevent an emergency ap- 
pointment of an election judge. 

History: En. Sec. 148, Ch. 368, L. 1969. 

23-3808. Publication of information concerning machines. Not more 
than ten (10) nor less than three (3) days before an election at Avhich 
voting machines are used, the registrar or city clerk shall publish in 
a newspaper of general circulation in the county: 

(1) A diagram showing the voting machine with official ballot labels; 

(2) A statement of the locations where voting machines are on 
public exhibition ; 

(3) Illustrated instructions on how to vote. 
History: En. Sec. 149, Ch. 368, L. 1969. 

23-3809. Voting" machine to be exhibited. A voting machine shall be 
on exhibition in the office of the registrar or city clerk where A^oting ma- 
chines are used. The registrar or city clerk shall demonstrate the voting 
machine to any inquiring voter. 

History: En. Sec. 150, Ch, 368, L. 1969. 

23-3810. Furnishing samples and supplies. (1) Not later than forty 
(40) days before an election, the secretary of state shall prepare samples 
of the printed matter and supplies named in this section and furnish 
one of each to the election officials where machines are used. The samples 
shall meet the requirements of the election and the construction of the 
machine used. 

(2) The registrar or city clerk shall provide supplies for each machine 
including : 

(a) Written instructions for the election judges on testing and pre- 
paring the machines; 

(b) A certificate for the election judges to certify that they have 
tested and prepared the machine ; 

(c) A certificate for the person preparing the machine to certify 
that the machine has been examined and is properly prepared for the 
election ; 

(d) A certificate for party representatives to verify that they have 
witnessed the testing and preparation of the machines; 

(e) A certificate for the deliverer of the machine to certify that he 
has delivered the machines to the polling places in good order; 

246 



VOTING MACHINES 23-3814 

(f) A card stating the penalty for tampering with or injuring a 
voting machine; 

(g) Two (2) seals for sealing the voting machine; 

(h) One (1) envelope with a detachable delivery receipt in which 
the keys to the voting machine can be sealed and delivered to the election 
otficials having printed on it the designation and location of the election 
district, the number of the machine, the number on the protective counter 
after the machine has been prepared for the election, and the number 
of the seal; 

(i) One (1) envelope in which keys to the voting machine can be 
returned after the election; 

(j) Two (2) statements of canvass for election officers to report the 
canvass of votes and other necessary information relating to the election ; 

(k) Three (3) complete sets of ballot labels in a form prescribed by 
the secretary of state and two (2) diagrams of the face of the machine 
with the ballot labels on the machine, each having proper voter in- 
structions ; 

(1) Six (6) instructions to election judges and six (6) notices of 
the instruction meeting; 

(m) Six (6) certificates that election judges have attended the 
instruction meeting, received instruction, and are qualified to conduct 
the machine election. 

History: En. Sec. 151, Ch. 368, L. 1969. 

23-3811. Registry lists — provision for number of each ballot. If vot- 
ing machines are used, the registry lists shall contain a column to enter 
the number of each ballot as indicated by the number on the machine 
counter. Books or blanks for making poll lists shall not be provided. 
History: En. Sec. 152, Ch. 368, L. 1969. 

23-3812. Assistance to illiterate, blind or physically disabled voters. 

[(1)] A voter who declares he is unable to vote because he cannot read or 
■write, is blind, or physically disabled shall be assisted as provided in 
section 23-3609. 

(2) A person who deceives an elector voting under this section shall 
be punished as provided in section 94-1407, R. C. M. 1947. 

History: En. Sec. 153, Ch. 368, L. 1969. Compiler's Notes 

The compiler has inserted the bracketed 
subsection designation "(1)." 

23-3813. Counting the votes. When the polls close, the election judges 
shall immediately lock the machine or remove the recording device and 
open the registering or recording compartments in the presence of any 
person desiring to attend. They shall ascertain the number of votes 
cast for each candidate, canvass, record, announce, and return the votes 
as provided by law. 
History: En. Sec. 154, Ch. 368, L. 1969. 

23-3814. Procedure after count is ascertained. (1) After the count 
is ascertained, the election judges shall place the machine in full view of 

247 



23-3815 ELECTIONS 

the public for one (1) hour so that any person may view the number of 
votes cast. 

(2) Immediately after the hour has passed, the election judges shall 
seal and lock the machine. Unless used in a city primary election or 
ordered opened earlier by a court or the county recount board, the 
machine shall remain sealed and locked for twenty (20) days. 

(3) If a machine has been used in a city primary election, it shall 
remain locked and sealed for at least five (5) days, unless opened by 
court order. 

History: En. Sec. 155, Ch. 368, L. 1969. 

23-3815. Disposition of write-in ballots and tally sheets. (1) The 
election judges shall return write-in ballots in a sealed package endorsed 
"write-in ballots." The election judges shall indicate the precinct and 
county and file the package with the registrar or city clerk. Each package 
shall be preserved for six (6) months after the election and may be opened 
only upon order of a court or the county recount board. At the end of 
six (6) months, the package shall be destroyed by the registrar or city 
clerk unless a court orders otherwise. 

(2) Tally sheets taken from the machine, if any, shall be returned in 
the same manner. 

History: En. Sec. 156, Ch. 368, L. 1969. 

23-3816. Return sheets — contents. Officers who furnish tally sheets 
shall also furnish return blanks and certificates to the election officers. The 
return sheets shall: 

(1) Have each candidate's name designated by the same reference 
character that the name bears on the ballot labels and counters and allow 
for writing in a vote for the candidate in figures, words, or both ; 

(2) Provide for the return of the vote on questions ; 

(3) Have a blank for indicating the precinct, ward, number and make 
of machine used, and other necessary information ; 

(4) Have a certificate to be executed before the polls open by the 
election judges stating that all counters except the protective counter, if 
an}', and except as otherwise noted, stood at "000" at the beginning of the 
election, that all counters were examined before the election, that ballot 
labels were correctly placed on the machine and corresponded to the sample 
ballot, and other statements as the particular machine may require; 

(5) Have a second certificate stating the manner of closing the polls 
and verifying the returns ; that the returns are correct ; giving the indication 
of the public counter, poll list, and protective counter, if anj-. The certifi- 
cate shall specify the procedure of cjinvassiiig the vote and locking tlio 
machine and shall be signed by the election officials. The certificate ami 
attest of the electiun officers shall upi)ear on each return sheet. 

History: En. Sec. 157, Ch. 368, L. 1969. 

23-3817. Experimental use of machines. Officials authorized to adopt 
voting machines, may provide for the experimental use at an election of 

248 



I 



VOTING MACHINES 23-3822 

;i jnai'liino, apj^roved by tlio socrctary of state, in one (1) or move precincts 
witliout a. formal adoption or purchase of the machine. The use at an elec- 
tion is valid for all ])iirpos('s as if the machine had been formally adopted. 
History: En. Sec, 158, Cli. 368, L, 1969. 

23-3818. Machine breakdowns — electors may vote by paper ballot upon 
request. (1) If a machine becomes unworkable or unfit for use, voting 
shall proceed on another available machine or as in cases where machines 
are not used. The registrar shall furnish each voting place with a .supply 
of ballots and other supplies to be used in ease of emergency. 

(2) Where voting machines are used, an elector may request to vote 
by paper ballot instead of using the voting machines. The election judges 
shall provide the elector with a paper ballot when requested. Paper ballots 
shall be cast and counted by the election judges in the manner provided 
by law. 

History: En. Sec. 159, Ch. 368, L. 1969. 

23-3819. Use of separate paper ballots for voting on certain money 
issues where machines do not allow proper lockout. In precincts where 
voting machines are used and the machines do not allow proper lockout, 
separate paper ballots shall be issued for money issues which do not involve 
the question of incurring of a state indebtedness, issuance of state bonds 
or debentures other than for refunding, or the levy of a tax for state 
purposes. 

History: En. Sec. 160, Ch. 368, L. 1969. 

23-3820. Penalty for tampering with or injuring machines. Any person 
who tampers, disarranges, defaces, injures, or impairs a voting machine 
in any way, or who mutilates, injures, or destroys any ballot or any appli- 
ance used in connection Avith a voting machine shall be imprisoned in the 
state prison for a period of not more than ten (10) years, be fined not 
more than one thousand dollars ($1,000), or both. 
History: En. Sec. 161, Ch. 368, L. 1969. 

23-3821. Penalty for fraudulent returns or certificates. A person who 
purposely causes the vote on a machine to be incorrectly taken down as 
to the candidate or proposition voted on; who knowingly causes a false 
statement, certificate, or return of any kind to be signed or who knowingly 
consents to such things being done, shall be imprisoned in the state prison 
not more than (10) years, be fined not more than one thousand dollars 
($1,000), or both. 
History: En. Sec. 162, Ch. 368, L. 1969. 

23-3822. Applicability of election laws in general where not in conflict 
with this chapter. All laws applicable to elections where voting is not done 
by machine, and all penalties prescribed for violations of those laws, apply 
to elections and precincts where voting machines are used if they are not 
in conflict with the provisions of sections 23-3801 through 23-3821. 
History: En. Sec. 163, Ch. 368, L. 1969. 

249 



23-3901 ELECTIONS 

CHAPTER 39 
ELECTEONIC VOTING SYSTEMS 

Section 

23-3901. Purpose of act. 

23-3902. Definitions. 

23-3903. Use of electronic voting systems — paper ballots may be used upon request. 

23-3904. Voting booths — sample ballots — arrangement of ballot information — vvrile-in 

ballots — preparation and testing of devices. 
23-3905. Procedure upon closing polls. 

23-3906. Rules and regulations — specifications for devices and equipment. 
23-3907. Applicability of election laws in general where not in conflict with this 

chapter. 

23-3901. Purpose of act. The purpose of sections 23-3902 through 
23-3907 is to authorize the use of electronic voting systems in which the 
voter records his votes by means of marking or punching a ballot or one 
or more ballot cards, which are so designed that votes may be counted by 
data processing machines at one or more counting places. 
History: En. Sec. 164, Ch, 368, L. 1969. 

23-3902. Definitions. As used in sections 23-3903 through 23-3907, un- 
less otherwise specified : 

(1) "Automatic tabulating equipment" includes apparatus necessary 
to automatically examine and count votes as designated on ballots and 
data processing machines which can be used for counting ballots and 
tabulating results. 

(2) "Ballot card" means a ballot which is voted by the process of 
punching. 

(3) "Ballot labels" means the cards, paper, booklet, pages or other 
materials containing the names of offices and candidates and statements 
of measures to be voted on. 

(4) "Ballot" may include ballot cards, ballot labels and paper ballots. 

(5) "Counting location" means a location selected by the registrar or 
city clerk for the automatic processing or counting, or both, of ballots wliich 
may be in the same county or in another county. 

(6) "Electronic voting system" means a system of casting votes by 
use of marking devices and tabulating ballots employing automatic tabu- 
lating equipment or data processing equipment. 

(7) "Marking device" means either an apparatus in which ballots 
or ballot cards are inserted and used in connection with a puncli apparatus 
for the piercing of ballots by the voter or any approved device for marking 
a paper ballot with ink or other substance which will enable tlie ballot 
to be tabulated by means of automatic tabulating equipment. 

History: En. Sec. 165, Ch. 368, L. 1969. 

23-3903. Use of electronic voting- systems — paper ballots may be used 
upon request. (1) Electronic voting systems may be used in elections, 
after approval as provided by law, provided that such systems enable the 
voter to cast a vote in secrecy for all offices and all measures on which he 
is entitled to vote, and that the automatic tabulating equipment may be 

250 



ELECTRONIC VOTING SYSTEMS 23-3904 

set to reject all votes for any office or measure when the number of 

votes therefor exceeds the number which the voter is entitled to cast, or 

when the voter is not by laAV entitled to cast a vote for the office or 
measure. 

(2) Electronic voting systems may be used at primary elections pro- 
vided the voter can secretly select the party for which he wishes to vote, 
and the automatic tabulating equipment will count only votes for the 
candidates of one party, and will reject all votes for an office when the 
number of votes therefor exceeds the number which the voter is entitled 
to cast, and will reject all votes of a voter cast for candidates of more 
than one party. 

(3) So far as applicable, the procedure provided for voting paper 
ballots shall apply. 

(4) The governing body of any county or city may, after approval 
as provided by law, adopt, experiment with, or abandon any electronic 
voting system herein authorized and approved for use in the state, and 
may use such system in all or a part of the precincts within its boundaries, 
or in combination with paper ballots. It may enlarge, consolidate or alter 
the boundaries of the precincts where an electronic voting system is to 
be used. 

(5) In precincts where an electronic voting system is used, an elector 
may request a paper ballot to cast his vote and the election judges shall 
supply the elector with the paper ballot when so requested. These ballots 
will be cast and counted by the election judges in the manner provided 
by law. 

History: En. Sec. 166, Ch. 368, L. 1969. 

23-3904. Voting booths — sample ballots — arrangement of ballot infor- 
mation — write-in ballots — preparation and testing of devices. (1) In pre- 
cincts where an electronic voting system is used, a sufficient number of 
voting booths shall be provided for the use of such systems and the booths 
shall be arranged in the same manner as provided for use with paper 
ballots. 

(2) The officials charged with the duty of providing ballots, ballot 
cards or ballot labels for any polling place shall provide therefor sample 
ballots, ballot cards or ballot labels which shall be exact copies of the 
official ballots which are caused to be printed by them; said sample ballots 
shall be arranged in the form of a diagram showing the front of the mark- 
ing device as it will appear after the ballots are arranged therein for 
voting on election day. Such sample ballots shall be posted by the election 
judges near the entrance of the voting booths and shall be there open 
to public inspection during the whole of election day. 

(3) The ballot information, whether placed on the ballot or on the 
marking device, shall, as far as practicable, be in the order of arrangement 
provided for paper ballots except that such information may be in vertical 
or horizontal rows, or on a number of separate pages. Ballots for all 
questions must be provided in the same manner and must be arranged on 
or in the marking device in the places provided for such purpose. Any 

251 



23-3905 ELECTIONS 

voter who spoils his ballot or ballot card or makes an error may return it 
to the election board and secure another. 

(4) A separate write-in ballot, which may be in the form of a paper 
ballot, card or envelope in which the elector places his ballot card after 
voting sliall be provided where necessary to permit electors to write in the 
names of persons whose names are not on the ballot. 

(5) The registrar or city clerk shall cause the marking devices to be 
put in order, set, adjusted and made ready for voting when delivered to 
the election precincts. Before the opening of the polls the election judges 
shall compare the ballots used in the marking device with the sample 
ballots furnished, and see that the names, numbers and letters thereon 
agree, and shall certify thereto on forms provided for this purpose. The 
certification shall be filed with the election returns. 

(6) Within five (5) days prior to the election day, the registrar or 
city clerk shall have the automatic tabulating equippient tested to ascer- 
tain that the equipment will correctly count the votes cast for all offices 
and on all measures. Public notice of the time and place of the test shall 
be given at least forty-eight (48) hours prior thereto by publication once 
in one or more daily or weekly newspapers published in the county, city, 
or town using such equipment if a newspaper is published therein, otherwise 
in a newspaper of general circulation therein. The test shall be open to 
representatives of the political parties, candidates, the press and the 
public. The test shall be conducted by processing a pre-audited group of 
ballots so punched or marked as to record a predetermined number of 
valid votes for each candidate and on each measure, and shall include for 
each office one or more ballots which have votes in excess of the number 
allowed by law in order to test the ability of the automatic tabulating 
equipment to reject such votes. If any error is detected, the cause therefor 
shall be ascertained and corrected and an errorless count shall be made 
before the automatic tabulating equipment is approved. The test shall 
be repeated immediately before the start of the official count of the ballots, 
in the same manner as set forth above. After the completion of the count, 
the programs used and ballots shall be sealed, retained and disposed of as 
provided for paper ballots. 

History: En. Sec. 167, Ch. 368, L. 1969. 

23-3905. Procedure upon closing polls. (1) In precincts where an 
electronic voting system is used, as soon as the polls are closed, the election 
judges shall secure the marking devices against further voting. They shall 
thereafter open the ballot box and count the number of ballots or envelopes 
containing ballots that have been cast to determine that the number of 
ballots does not exceed the number of voters shown on the poll or registry 
lists. If there is an excess, this fact shall be reported in writing to the 
appropriate election officer in charge with the reasons therefor, if known. 
The total number of voters shall be entered on the tally sheets. The election 
judges shall thereupon count the write-in votes and prepare a return of 
such votes on forms provided for this purpose. If ballot cards are used, 
all ballots on which write-in votes have been recorded shall be serially 
numbered, starting with the number one, and the same number shall be 
placed on the ballot card of the voter. The inspectors or other appropriate 

252 



ELECTRONIC VOTING SYSTEMS 23-3906 

precinct election officials shall compare the write-in votes with the votes 
cast on the ballot card and if the total number of votes for any office ex- 
ceeds the number allowed by law, a notation to that effect shall be entered 
on the back of the ballot card and its shall be returned to the counting 
location in an envelope marked "defective ballots" and such invalid votes 
shall not be counted. So far as applicable, provisions relating to defective 
paper ballots shall apply. 

(2) The election judges shall place all ballots that have been cast 
in the container provided for that purpose, which shall be sealed and 
delivered forthwith by the election judges to the counting location or 
other designated place, together with the unused, void and defective 
ballots and returns. 

(3) All proceedings at the counting location shall be under the direc- 
tion of the registrar or city clerk under the observation of at least three 
election judges designated by the commissioners or city council and shall 
be open to the public, but no persons except those employed and authorized 
for the purpose shall touch any ballot, ballot container or return. If any 
ballot is damaged or defective so that it cannot properly be counted by 
the automatic tabulating equipment, a true duplicate copy shall be made 
of the damaged ballot in the presence of witnesses and substituted for 
the damaged ballot. Likewise, a duplicate ballot shall be made of a 
defective ballot which shall not include the invalid votes. All duplicate 
ballots shall be clearly labeled "duplicate," shall bear a serial number which 
shall be recorded on the damaged or defective ballot and shall be counted 
in lieu of the damaged or defective ballot. 

(4) The return printed by the automatic tabulating equipment, to 
which has been added the return of write-in and absentee votes, shall con- 
stitute the official return of each precinct or election district. Upon com- 
pletion of the count the returns shall be open to the public. 

History: En. Sec. 168, Ch. 368, L. 1969. 

23-3906. Rules and regulations — specifications for devices and equip- 
ment, (a) The secretary of state, state auditor and president of the 
Montana county clerk and recorders association shall constitute a board of 
election devices, which shall promulgate rules for the administration of 
this section, and shall approve the marking devices and automatic tabulating 
equipment used in electronic voting systems. 

(b) No marking device or automatic tabulating equipment shall be 
approved unless it fulfills the following requirements: 

(1) It shall permit and require voting in absolute secrecy. 

(2) It shall permit each elector to vote at any election for all persons 
and offices for whom and for which he is lawfully entitled to vote, and 
no others; to vote for as many persons for an office as he is entitled 
to vote for; to vote for or against any question upon Avhich he is entitled 
to vote; and to vote, where applicable, for all candidates of one (1) party 
or to vote a split ticket as he desires. 

(3) It shall permit each elector, at presidential elections, by one (1) 
punch or mark to vote for the candidates of that party for presidential 
elector as a group. 

253 



23-3907 ELECTIONS 

(4) It shall comply with all other requirements of the election laws 
so far as they are applicable, 

(5) No electronic voting system presently in use by any county, city 
or town in Montana shall be disapproved for use in such county, city or 
town by the board, except upon application by the governing body of said 
county, city or town. 

History: En. Sec. 169, Ch. 368, L. 1969. 

23-3907. Applicability of election laws in general where not in conflict 
with this chapter. All laws of this state applicable to elections where voting 
is done in another manner than by electronic voting systems and all pen- 
alties prescribed for violation of such laws, shall apply to elections and 
precincts where electronic voting systems are used, in so far as they are 
not in conflict with the provisions of sections 23-3901 through 23-3906. 
History: En. Sec. 170, Ch. 368, L. 1969. 

CHAPTER 40 

CANVASS OF VOTES— RETUENS AND CERTIFICATES 

Section 

23-4001. Votes to be publicly canvassed upon closing of polls. 

23-4002. Method of canvass! 

23-4003. Counting ballots — pollbooks. 

23-4004. Marking rejected ballots. 

23-4005. Signing and certifying pollbooks. 

23-4006. Items to be sent to registrar by election judges — manner of sending. 

23-4007. Disposition of items by registrar. 

23-4008. Disposition of items in event of contest. 

23-4009. Commissioners as board of county canvassers — meetings — registrar as clerk 

of board. 

23-4010. Canvassing returns, time of — messenger — certification that polls were not 

open. 

23-4011. Canvass to be public — nonessentials to be disregarded in counting returns. 

23-4012. Statement of the result to be entered of record. 

23-4013. Declaration of persons elected — certifying tie. 

23-4014. Certificates issued by the clerk. 

23-4015. State returns, how made and transmitted. 

23-4016. State canvassers, composition and meeting of board. 

23-4017. Messenger may be sent for returns. 

23-4018. Governor to issue commissions. 

23-4019. Defect in form of returns to be disregarded. 

23-4001. Votes to be publicly canvassed upon closing polls. When the 
polls are closed, the election judges shall immediately canvass the votes. 
The canvass shall be public and continue without adjournment until com- 
pleted and the result is publicly declared. 
History: En. Sec. 171, Ch. 368, L. 1969. 

23-4002. Method of canvass. (1) The canvass shall begin by a com- 
parison of the pollbooks and the correction of any mistakes until they agree. 

(2) The election judges shall take ballots unopened out of the box 
to determine whether each ballot is single. 

(3) They shall count the ballots to ensure that the number of ballots 
corresponds with the number of names on the pollbooks. 

254 



CANVASS OF VOTES — RETURNS AND CERTIFICATES 23-4003 

(4) AJballot which is not endorsed by the official stamp is void and 
shall not be counted. A ballot or part of a ballot is void and shall not 
be counted if the elector's choice cannot be determined. If part of a ballot 
is sufficiently plain to determine the elector's intention, the election judges 
shall count that part. 

(5) If two (2) or more ballots are folded together to look like a single 
ballot, they shall be laid aside until the count is complete. The election 
judges shall compare the count with the pollbooks and if a majority 
believe that the ballots folded together were voted by one (1) elector, 
they must be rejected; otherwise they must be counted. 

(6) If the ballots exceed the number of names on the pollbooks 
they shall be placed in the box, and one (1) of the election judges shall 
publicly draw from the box and destroy unopened ballots equal to the 
excess. The election judges shall record in the pollbooks the number of 
ballots destroyed. 

History: En. Sec. 172, Ch. 368, L. 1969. a ballot showing the intersection of the 

"X" outside the square should have been 

Determining Elector's Intention counted for contestant, and one showing 

Where, from the manner in which a the intersection of the cross squarely on 

ballot was marked, it was impossible to the line of the square was properly so 

determine the elector's choice, the ballot counted for him. Peterson v. Billings, 

was void under prior section, and should 109 M 390, 393, 96 P 2d 922. 

not have been counted in an election con- . „ t. n ^ eii„ t. 

test. Carwile v. Jones, 38 M 590, 598, 101 Official Stamp on Ballot Stub 

P 153. Where ballots had been delivered to 

A ballot bearing a rather indistinct "X" electors by the judges of election with the 

before contestant's name but sufficient to official stamp apparently in the place in 

be discernible should have been counted which the law requires it to be, although 

for him where there was no erasure and in reality it was on the stub instead of on 

the elector voted for no other candidate the ballot proper, the act of the judges in 

for that office; and under the rule that removing the stamp with the stub, thus 

the elector's intention must plainly ap- leaving the ballot without the official des- 

pear, where the voter marked two squares ignation, did not render the ballots void, 

for the office of sheriff, one of which and the same should have been counted, 

showed an extra line through the "X" in- Harrington v. Crichton, 53 M 388, 396, 

dicating perhaps, that the voter changed 164 P 537. 
his mind but for the fact that squares 

before the names of other candidates were Scnool Elections 

marked similarly, the intention was not The validity of contested school elec- 

clear and the ballot should not have been tions is determined by the laws of general 

counted. Peterson v, Billings, 109 M 390, elections, including canvassing statute. 

392, 96 P 2d 922. Woolsey v. Carney, 141 M 476, 378 P 2d 

Under prior section, and the rule that 658. 
election laws must be liberally construed, 

23-4003. Counting ballots — pollbooks. (1) When the ballots and poll 
lists agree, the election judges shall count and determine the votes cast 
for each person. 

(2) In counting, the ballots shall be opened singly by one (1) of the 
election judges and the contents read aloud to the other judges. 

(3) As the ballots are read, each clerk must write on a tally sheet 
the name of every person voted for and the office, and keep tallies of the 
number of votes for each person. 

(4) The tally sheets shall be compared and their correctness ascer- 
tained, and the clerks, under the supervision of the election judges, shall 
immediately write in the pollbooks: 

255 



23-4004 ELECTIONS 

(a) The names of all persons who received votes; 

(b) The oflSees for which they received votes; 

(c) Total votes received by each person as shown by the tally sheets. 
(5) A ballot or vote rejected by the election judges shall not be 

included in the count. 

History: En. Sec. 173, Ch. 368, L. 1969. 

23-4004. Marking rejected ballots. A ballot rejected for illegality shall 
be marked by the election judges, by writing across the face "Rejected 

on the ground of ," filling the blank with a brief statement 

of the reasons for the rejection. The statement shall be dated and signed 
by a majority of the judges. 

History: En. Sec. 174, Ch. 368, L. 1969. 

23-4005. Signing and certifying poUbooks. Immediately after the 
votes are counted and the ballots sealed up, the pollbooks shall be signed 
and certified to by the election judges and clerks in a form prescribed 
by the secretary of state. 

History: En. Sec. 175, Ch. 368, L. 1969. 

23-4006. Items to be sent to registrar by election judges — manner of 
sending. (1) Before they adjourn, the election judges shall enclose 
in a strong envelope or package, securely sealed and directed to the 
registrar : 

(a) The precinct registers, 

(b) The lists of persons challenged, 

(c) Both of the pollbooks, 

(d) Both of the tally sheets. 

(2) The election judges shall enclose in a separate package or en- 
velope, securely sealed and directed to the registrar, all unused ballots 
with the numbered stubs attached. 

(3) The election judges shall enclose in a separate package or en- 
velope, securely sealed and directed to the registrar, all ballots voted 
including those not counted or allowed, and all detached stubs from ballots 
voted. This envelope shall be endorsed on the outside "ballots voted." 

(4) Each election judge shall write his name across the seal of each 
of the envelopes or packages. The ballot box shall be returned to the 
registrar. 

(5) The envelopes or packages required by this section shall be de- 
livered to one (1) of the election judges chosen by lot, unless otherwise 
agreed upon, before they adjourn. The judge shall deliver them to the 
registrar in person or by registered mail no later than 10 a. m. on the 
day following the election. 

History: En. Sec. 176, Ch. 368, L. 1969. 

DECISIONS UNDEE FORMER LAW 

One Copy To Be Returned one copy of the pollbook. State ex rel. 

The law contemplates that the election Lynch v. Batani, 103 M 353, 361, 62 P 

board in the precinct will return to the 2a 565. 
clerk and recorder but one tally sheet and 

256 



CANVASS OF VOTES — RETURNS AND CERTIFICATES 23-4010 

23-4007. Disposition of items by registrar. (1) When the registrar 
receives the packages or envelopes, he shall file those containing the 
ballots voted and detached stubs and the unused ballots and keep them 
unopened for twelve (12) months. After twelve (12) months, if there is 
no contest begun in a court or no recount, he shall burn the envelopes 
without opening them or examining their contents. 

(2) The registrar shall file the envelopes or packages containing the 
precinct registers, certificates of registration, pollbooks, tally sheets, and 
oaths of election oflScers. He shall keep them unopened until the com- 
missioners meet to canvass the returns. The commissioners shall open 
the envelopes or packages. 

(3) Immediately after the returns are canvassed, the registrar shall 
file the pollbooks, election records, and the papers delivered to the com- 
missioners. 

History: En. Sec. 177, Ch. 368, L. 1969. 

23-4008. Disposition of items in event of contest. If there is a con- 
test within twelve (12) months, the registrar shall keep the envelopes or 
packages unopened until the contest is finally determined and then destroy 
them. If the court has custody of the envelopes or packages as evidence, 
they are in the custody of the court and the registrar shall not destroy 
them. 
History: En. Sec. 178, Ch. 368, L. 1969. 

23-4009. Commissioners as board of county canvassers — meetings — 
registrar as clerk of board. (1) The commissioners are ex officio a board 
of county canvassers and shall meet as the board of county canvassers 
at the usual place of meeting of the commissioners within three (3) days 
after each election, at 8 a. m. to canvass the returns. 

(2) If one (1) or more of the commissioners cannot attend the meeting, 
his place shall be filled by one (1) or more county officers in this order: 
treasurer, assessor, sheriff, so that the board of county canvassers mem- 
bership equals membership on the board of commissioners. 

(3) The registrar is clerk of the board of county canvassers. 

History: En. Sec. 179, Ch. 368, L. 1969. particular individuals comprising the 

board, describing them by name, and as 

Change in Membership of Board constituting the board of county canvas- 

The members of a county board of can- sers of election returns for a certain coun- 

vassers do not necessarily embrace the ty of the state, the particular members of 

same officers, but are subject to changes such board at the time in question being 

which depend upon circumstances, and a the persons against whom obedience must, 

writ of mandate, issued to compel such if necessary, be enforced. State ex rel. 

board to reconvene and canvass the re- Leech v. Board of Canvassers of Choteau 

turns from an election precinct which they County, 13 M 23, 29, 31 P 879. 
had excluded, is properly directed to the 

23-4010. Canvassing returns, time of — messenger — certification that 
polls were not open. (1) If all returns are in at the time of the meet- 
ing, the board of eonnty c-anvassei-s shall immediately canvass the returns. 

(2) If all returns are not received, the board shall postpone the 
canvass from day to da}- until all returns are received or until tlierc have 
been seven (7) postponements. 

257 



23-4011 



ELECTIONS 



(3) If the returns from an election precinct have not been received 
by the registrar within seven (7) days after an election, he shall im- 
mediately send a messenger to the election judges. The messenger must 
obtain the returns from the judges and return them to the registrar. 

(4) If it appears to the board that the polls were not open in a 
precinct, the board shall certify this to the registrar. The registrar shall 
enter the certification in the minutes and in the statement required by 
section 23-4012. 

History: En. Sec. 180, Ch, 368, L. 1969. 



23-4011. Canvass to be public — nonessentials to be disregarded in 
counting returns. (1) The canvass shall be public. It shall proceed by 
opening the returns and determining the vote for each person and each 
proposition from each precinct and a declaration of the results. 

(2) The returns shall not be rejected if they do not show who ad- 
ministered the oath to the election judges or clerks, failure to complete 
all the certificates in the pollbooks, or failure of any other act making 
up the returns that is not essential to determine for whom the votes 
were cast. 



History: En. Sec. 181, Ch. 368, L. 1969. 

Rejection of Returns 

A county board of canvassers has no 
authority to inquire into the validity of a 
certificate of nomination of a nominee 
for office, and therefore, where the elec- 
tion returns are genuine and properly cer- 
tified, prohibition will not lie to restrain 
the board from canvassing such returns 
and counting the vote cast for such per- 
son upon the ground that the nomination 
was invalid. Pigott v. Board of Canvassers 
of Cascade County, 12 M 537, 538, 31 P 
536. 

The duties of a county canvassing board 
are ministerial, and such board has no 
authority to exclude the returns of an 
election precinct, regularly made, upon the 
ground that the voting was shown by affi- 
davits to be illegal, and, having done so, 
may be compelled by mandamus to can- 
vass such returns. State ex rel. Leech v. 
Board of Canvassers of Choteau County, 
13 M 23, 30, 31 P 879. See also State ex 
rel. Breen v. Toole, 32 M 4, 10, 79 P 403; 
Poe v. Sheridan County, 52 M 279, 288, 
157 P 185. 



Where a county canvassing board is- 
sued a certificate of election to a candi- 
date for the legislative assembly after 
unlawfully excluding the returns of a par- 
ticular precinct, and then adjourned sine 
die, such board may be compelled by 
mandamus to reconvene and canvass the 
returns so excluded, and issue a certificate 
of election to the person shown by a 
complete canvass to be entitled thereto. 
State ex rel. Leech v. Board of Canvassers 
of Choteau County, 13 M 23, 31, 31 P 879. 

Returns in the pollbook being left blank, 
and the certificate thereto not being 
properly filled in, are not grounds for 
rejecting returns, nor are they such irregu- 
larities as will entitle a board of canvass- 
ers to reject them. State ex rel. Leech v. 
Board of Canvassers of Choteau County, 13 
M 23, 31,31 P 879. 

It is the duty of the board of canvassers 
to procure the check lists and surrendered 
lists before rejecting the vote of a pre- 
cinct as returned by the pollbooks alone. 
State ex rel. Leech v. Board of Canvassers 
of Choteau County, 13 M 23, 31, 31 P 879. 



23-4012. Statement of the result to be entered of record. As soon 
as the results are declared, the clerk of the board shall enter on the 
records : 

(1) Votes cast in the county; 

(2) Names of tlie persons voted for and tlie propositions voted upon; 

(3) Office for which cjicli jx-rsoii was voted for; 

(4) Votes by precinct for eacli person jiiid for iind against eadi 
proposition ; 

258 



CANVASS OF VOTES — RETURNS AND CERTIFICATES 23-4016 

(5) Votes by county for each person, and for and against each 
proposition. 

History: En. Sec. 182, Ch. 368, L. 1969. 

23-4013. Declaration of persons elected — certifying tie. (1) The 

board shall declare elected the persons having the highest number of 
votes given for each oflSce to be filled in a single county or subdivision 
of a county. 

(2) If a recount shows that two (2) or more persons received an 
equal and sufficient number of votes for the office of state senator or state 
representative, the county recount board shall certify this to the governor. 

History: En. Sec. 183, Ch. 368, L. 1969. date whom they intended to defeat, re- 
^ , ^ ,,, ^ . __ . . ceiving the highest vote cast for any living 
Deceased Candidate Receives Majority person, held, on his application for writ 
Where a candidate for re-election to a of mandate to compel the county can- 
county office died 24 days before election, vassing board to reconvene and cause cer- 
his death known generally to electors, but tificate of election issued to him, that 
his name placed on ballot and majority write-in candidate elected and entitled to 
voted for him supposing to retain his wid- the office. State ex rel. Wolff v. Geurkink, 
ow, appointed to fill the vacancy, until 111 M 417, 426, 109 P 2d 1094, 133 ALR 
the next general election, a write-in candi- 304. 

23-4014. Certificates issued by the clerk. (1) The clerk shall im- 
mediately deliver to each person elected a certificate of election signed 
by him and authenticated with the seal of the board. 

(2) The certificate shall state that the official bond must be filed 
within thirty (30) days after notice of election or appointment and that 
failure to file the bond vacates the office. 

(3) This certificate shall not be issued to persons elected district 
judge. 

History: En. Sec. 184, Ch. 368, L. 1969. Cross-Reference 

County clerk to issue certificate of elec- 
tion, sec. 16-1157. 

23-4015. State returns, how made and transmitted. (1) After a gen- 
eral or special election, the clerk shall make an abstract of the vote for 
members of the legislative assembly, for officers elected in the state at 
large, and for judicial officers other than justices of the peace. 

(2) The clerk shall seal the abstract, endorse it "Election Returns," 
and immediately send it to the secretary of state by registered mail. 
History: En. Sec. 185, Ch. 368, L. 1969. 

23-4016. State canvassers, composition and meeting of board. Within 
twenty (20) days after the election, or sooner if the returns are all 
received, the state auditor, state treasurer, and attorney general shall 
meet as a board of state canvassers in the office of the secretary of state 
and determine the vote. The secretary of state, who is secretary of the 
board, shall make out and file in his office a statement of the canvass 
and transmit a copy to the governor. 
History: En. Sec. 186, Ch. 368, L. 1969. 

259 



23-4017 



ELECTIONS 



23-4017. Messenger may be sent for returns. If the returns from all 
counties have not been received five (5) days before the meeting of 
the board of state canvassers, the secretary of state shall immediately 
send a messenger to the registrar of each delinquent county. The regis- 
trar shall furnish the messenger with a certified copy of the statement 
required by section 23-4012. 

History: En. Sec. 187, Ch. 368, L. 1969. 

23-4018. Governor to issue commissions. Upon receipt of the state- 
ment required by section 23-4016, the governor shall issue commissions 
to the persons elected. If the governor has been elected to succeed himself, 
the secretary of state shall issue the commission. 
History: En. Sec. 188, Ch. 386, L. 1969. 

23-4019. Defect in form of returns to be disregarded. No declaration 
of an election result, commission, or certificate shall be withheld because 
of a defect or informality in the returns of any election if it can be 
determined with reasonable certainty the oflBce intended and the person 
elected. 
History: En. Sec. 189, Ch. 368, L. 1969. 



CHAPTER 41 

EECOUNTS 

Section 

23-4101. Recount of votes, order for — application, contents and time for making — 
hearing — determination by court. 

23-4102. Recount limited to precincts and offices specified in order. 

23-4103. Conditions under which recount to be made. 

23-4104. Failure to comply with provisions for counting votes, presumption of in- 
correctness from. 

23-410.5. Ordering in another judge — court not divested of jurisdiction by failure to 
hear application within prescribed time. 

23-4106. Limitation of recount to certain precincts. 

23-4107. Deposit of expense of recount — disposition — compensation of canvassing of- 
ficials. 

23-4108. Procedure when more than one application for recount made. 

23-4109. Manner of recounting ballots. 

23-4110. Service of copy of application on candidate originally found to be elected — 
hearing. 

23-4111. Sealing recounted ballots. 

23-4112. Certificates of election, effect of recount on. 

23-4113. Determining total vote cast for all candidates for an office. 

23-4114. County recount board, board of county commissioners as — absent and dis- 
qualified members — clerk. 

23-4115. Meeting of board when recount requested. 

23-4116. Persons entitled to appear nt recount — opening and recount of ballots. 

23-4117. Certification of recount results — transmittal to secretary of state — corrected 
abstract of votes — now cortificato of election or nomination. 

23-4118. Reconvening state board of canvassers — rccanvass by state board — corrected 
abstract of votes — new lert itii'utc of election or nomination. 

23-411 9. Tie vote after recount. 

2:^412(1. T'roct'dure upon tie vote for United States leiircHeiitative— supreme court 
justit-e — district court judge — legislator. 

23-4121. Procedure upon tie vote for state cxcciitive officers — counly (ifTicers other 
than county commissioner — township officers — commissioners. 

23-4122. Expenses of recount. 

260 



RECOUNTS 



23-4101 



23-4101. Recount of votes, order for — application, contents and time 
for making — hearing — determination by court. [1) Within five (5) ddys 
after tlio canvass of election returns, an unsuceessful candidate for any 
public ofliice at a general, special, or city election may apply to the 
district court of the county where the election was held for an order 
directing the canvassing body to make a recount of the votes cast in 
any or all of the precincts. 

(2) The application shall specify the grounds for a recount and be 
verified by the applicant that the matters contained in it are true to the 
best of the applicant's knowledge, information, and belief. 

(3) Within five (5) days after filing of the application, the judge shall 
hear the application and determine its sufficiency. 

(4) If the judge finds there is probable cause to believe that the 
votes cast for the applicant were not correctly counted, he shall order 
the board of county canvassers to assemble within five (5) days after 
the order is issued at a time and place fixed by the order. The board 
shall meet and recount the ballots as specified in the order. 



History: En. Sec. 190, Ch. 368, L. 1969. 

Cross-References 

Application of Montana Rules of Civil 
Procedure to recount proceedings, see M. 
E. Civ. P., Eule 81(a), Table A. 

Salaries withheld pending contests, sees. 
59-508, 59-509. 

Application Timely 

Where the board was compelled by writ 
of mandate to reconvene by the supreme 
court and correct its findings with relation 
to two candidates for district judge, the 
application filed within five days after 
the corrected canvass was timely. State ex 
rel. Riley v. District Court, 103 M 576, 
586, 64 P 2d 115. 

Candidate for District Judge 

Any unsuccessful candidate, including a 
candidate for the office of district judge, 
may apply to the district court for a re- 
count. State ex rel. Riley v. District Court, 
103 M 576, 580, 64 P 2d 115. 

Candidates for Legislature 

Recount statutes apply to candidates for 
the state senate and house of representa- 
tives. State ex rel. Ainsworth v. District 
Court, 107 M 370, 372, 86 P 2d 5. 

Courts cannot try contests for seats in 
the legislature or decide issues involved in 
such contests, but mandamus lies to com- 
pel the court to perform the duty special- 
ly imposed upon it by recount statutes, 
the election certificate does not ensure 
acceptance of a candidate as a member 
of either house, but merely furnishes 
prima facie evidence that the majority of 
voters voted for him. State ex rel. Ains- 
worth V. District Court, 107 M 370, 376, 86 
P 2d 5. 



Function and Jurisdiction of Court 

District court committed error in dis- 
missing the application for a recount on 
the ground that applicant, convicted of a 
felony in federal court, lost his citizen- 
ship. State ex rel. Stone v. District Court, 
103 M 515, 519, 63 P 2d 147. 

The court could proceed in any suitable 
manner or mode most conformable "to the 
spirit" of the code in the absence of spe- 
cific direction as to how proceedings shall 
be conducted, and was within its jurisdic- 
tion in directing canvassers' attention to 
sections of the codes covering points in 
dispute. State ex rel. Riley v. District 
Court, 103 M 576, 587, 64 P 2d 115. (But 
see State ex rel. Peterson v. District Court, 
107 M 482, 488, 86 P 2d 403, below.) 

A recount of ballots is not made in the 
presence of the district judge ordering it; 
in acting, the board is not required to ask 
the advice of the judge as to whether bal- 
lots are or are not properly marked, and 
he may not give such advice; the board 
is in duty bound to "hear all, consider 
all, and then decide." State ex rel. Peter- 
son V. District Court, 107 M 482, 486, 86 
P 2d 403. 

The rule that district courts may not 
advise boards of county canvassers on 
questions arising on a recount of ballots 
as to the legality or illegality of ballots 
cast, etc., applies also to the supreme 
court on application for extraordinary re- 
lief by way of writs, and it cannot con- 
trol the actions of such boards indirectly 
by directions or suggestions to district 
courts. (If State ex rel. Riley v. District 
Court, 103 M 576, 64 P 2d 115, be open 
to a contrary construction it is to that 
extent overruled.) State ex rel. Peterson 
V. District Court, 107 M 482, 488, 86 P 2d 
403. 



261 



23-4102 



ELECTIONS 



The law relatiug to proceedings for 
election recounts specifically divides the 
functions of the court and the canvassing 
board. The court determines the grounds 
of and necessity for a recount and orders 
it done. The board is entrusted with the 
duty of making the recount, just as the 
judges and clerks of election are entrusted 
with the duty of making the count and 
certifying thereto in the first place. State 
ex rel. Peterson v. District Court, 107 M 
482, 485, 86 P 2d 403. 

Grounds SuflBcient 

Where application for writ of supervi- 
sory control set forth that the votes were 
not correctly counted, such ground was 
sufficient to justify the court in finding 
that the votes "might not" have been cor- 
rectly counted, and writ accordingly is- 
sued directing respondents to order the 
recount. State ex rel. Thomas v. Dis- 
trict Court, 116 M 510, 511, 154 P 2d 980. 

Purpose of Act 

The sole purpose of the recount stat- 
utes is to determine, in a doubtful case, 
whether the official canvass of the vote was 
correct, and where the office of state sen- 
ator or representative is concerned, the 
election certificate does not ensure one's 
acceptance as a member of either house, 
nor affect the ultimate right to the of- 
fice, nor can the recount infringe upon the 
assembly's right to judge of the elec- 
tions, returns and qualifications of its mem- 
bers in contravention of section 9, article 
V of the constitution. State ex rel. Ains- 



worth v. District Court, 107 M 370, 372, 
86 P 2d 5. 

Recount Proceeding Not Election Con- 
test 

A proceeding to obtain a recount of 
votes is in no sense of the word an elec- 
tion contest, it is absolutely independent 
of the law relating to contesting of elec- 
tions and either or both remedies are 
available. State ex rel. Peterson v. District 
Court, 107 M 482, 484, 86 P 2d 403, 

Successive Recounts 

Where an unsuccessful candidate for 
sheriff obtained a recount and was de- 
clared elected, and his opponent, the for- 
mer successful but then unsuccessful can- 
didate also asked for and was granted a 
recount, on application for a writ of su- 
pervisory control, the five-day limitation 
commenced to run from the time the board 
of canvassers announced the result of the 
first recount, and the application coming 
within that time, the court had jurisdiction 
to grant the second recount. State ex rel. 
Peterson v. District Court, 107 M 482, 
485, 86 P 2d 403. 

Wrongful Canvass 

Eecount statutes do not afford a legal 
remedy for an alleged wrongful canvass 
by a county canvassing board, and there- 
fore does not defeat the right of a citizen 
to compel proper performance of their 
duty by writ of mandate. State ex rel. 
Lynch v. Batani, 103 M 353, 358, 62 P 
2d 565. 



DECISIONS UNDER FORMER LAW 



Constitutionality to due process of law. State ex rel. Riley 

Former chapter on recounts was held v. District Court, 103 M 576, 584, 586, 
constitutional as to sufficiency of title as 



64 P 2d 115. 



23-4102. Recount limited to precincts and offices specified in order. 

The board of canvassers shall recount votes only in those precincts and for 
those offices specified in the court order. 
History: En. Sec. 191, Ch. 368, L. 1969. 

23-4103. Conditions under which recount to be made. A recount shall 
be made under any of the following conditions. 

(1) If a candidate other than for the office of district judge is de- 
feated by a margin not exceeding one-fourth of one per cent (I/4 of 1%) 
of the total votes cast or by a margin not exceeding ten (10) votes, which- 
ever is greater, he may within five (5) days after the official canvass 
file with the registrar a verified petition stating he believes a recount 
will change the result and a recount of the votes for the office or nomina- 
tion should be had. 

(2) If a candidate is defeated for the office of district judge or an 
office voted on in more than one (1) county by a margin not exceeding 

262 



RECOUNTS 



23-4104 



one-fourth of one per cent (Y^ of 1%) of the total votes cast for all 
candidates for the same position, he may within five (5) days after the 
official canvass file a petition with the secretary of state as set forth 
in subsection (1) of this section. The secretary of state shall immediately 
notify each rej?istrar whose county includes any precincts which voted 
for the same office by registered mail and a recount shall be conducted in 
those precincts. 

(3) If a question submitted to the vote of the people of the state is 
decided by a margin not exceeding one-fourth of one per cent (1/4 of 1%) 
of the total votes cast for and against the question, a petition as set forth 
in subsection (1) of this section may be filed with the secretary of state. 
This petition shall : 

(a) Be signed by not less than one hundred (100) electors of the 
state representing at least five (5) counties of the state and be filed 
within five (5) days after the official canvass; 

(b) The secretary of state shall immediately notify each registrar 
by registered mail of the filing of the petition and a recount shall be con- 
ducted in all precincts in each county. 

(4) If there is a tie vote, the board making the canvass shall certify 
the vote to the registrar if the election took place only in one (1) county 
and to the secretary of state for other elections. The registrar or secre- 
tary of state shall proceed as if a petition for recount had been filed 
under this act. If a tie exists after the recount, the tie shall be resolved as 
provided by law. 

History: En. Sec. 192, Ch. 368, L. 1969. 



DECISIONS UNDER FOEMER LAW 



Clerk of District Court 

The provisions of the constitution, fix- 
ing the terms of judicial officers, are ex- 
clusive, and vacancies occur by operation 
of law upon the expiration of the terms 
designated, even where the people fail to 
elect their successors; hence, if, by reason 
of a tie vote, there is a failure to elect 
the successor of a clerk of a district court 
upon the expiration of the incumbent's 
term, there is a vacancy which the county 
commissioners are authorized to fill by 
appointment. State ex rel. Jones v. Foster, 
39 M 583, 592, 104 P 860. See also State 
ex rel. Paterson v. Lentz, 50 M 322, 336, 
146 P 932. 

If there is a clause in the constitution 
providing that an officer shall hold for a 
definite term and until his successor is 
elected and qualified, and the people fail 
to elect his successor, there is no vacancy, 
and he is entitled to hold over until the 
people have chosen his successor in the 
usual way; but, in the case of judicial 



officers, whose terms end at the expira- 
tion of a definitely fixed period, the words 
"and until his successor is elected and 
qualified," refer to those officers only who 
were first elected after the adoption of 
the constitution; they have no application 
to those chosen after such first election. 
State ex rel. Jones v. Foster, 39 M 583, 
586, 104 P 860. 

County School Superintendent 

Former chapter governing proceedings 
on tie vote did not in terms declare that a 
vacancy in office shall occur when there 
has been no election to the office by rea- 
son of a tie vote. In so far as it related to 
officers named in the constitution (county 
school superintendent) and the authority 
of the county commissioners to fill vacan- 
cies therein, it was invalid. State ex rel. 
Chcnoweth v. Acton, 31 M 37, 40, 77 P 
299. See State ex rel. Jones v. Foster, 39 M 
583, 591, 104 P 860. 



23-4104. Failure to comply with provisions for counting votes, pre- 
sumption of incorrectness from. If it appears from a verified application 
that the election judges or clerks failed to comply with the provision of 

263 



23-4105 ELECTIONS 

section 23-4003, that is sufficient cause for believing that the election judges 
and clerks did not correctly ascertain the number of votes cast for 
the applicant. 
History: En. Sec. 193, Ch. 368, L. 1969. 

23-4105. Ordering in another judge — court not divested of jurisdiction 
by failure to hear application within prescribed time. (1) If the judge 
of the district court of the county in which the election is held is for any 
reason disqualified from acting, the judge or a supreme court justice shall 
order another district judge to hear and determine the application. 

(2) The district court shall not lose jurisdiction of the case by failure 

to hear and determine the application within the prescribed time, but 

shall retain jurisdiction until the cause is finally determined and the final 

count is made by the board of county canvassers. 

History: En. Sec. 194, Ch. 368, L. 1969. canvass the votes, but it retains jurisdic- 
tion of the proceeding until comoletion 

Jurisdiction Retained of the canvass, i. e., until the court" is ad- 

The jurisdiction of the district court vised thereof. State ex rel. Eiley v. Dis- 

before which an application for a recount trict Court, 103 M 576, 587, 588, 64 P 2d 

of the votes is filed does not cease when 115, 

it orders the board to reconvene and re- 

23-4106. Limitation of recount to certain precincts. (1) If the ap- 
plication asks for a recount in more than one (1) precinct, but there are 
not sufficient grounds for a recount in all precincts, the court shall order 
a recount only in the precincts for which sufficient grounds are stated and 
shown. 
History: En. Sec. 195, Ch. 368, L. 1969. Compiler's Notes 

As enacted, this section contained no 
subsection (2). 

23-4107. Deposit of expense of recount — disposition — compensation of 
canvassing officials. (1) The court in its order shall determine the 
probable expense of making the recount and the applicant or applicants 
asking for the recount shall deposit with the board the amount determined 
in cash. 

(2) If the recount shows that the applicant or applicants have been 
elected to the office, the deposit of each applicant shall be returned 
to him. 

(3) If the recount shows that an applicant has not been elected and 
the expense of the recount is greater than the estimated cost, the applicant 
shall pay the excess, but if the expense is less than the cost the difference 
shall be refunded to the applicant. 

(4) Members of the canvassing board and their clerks shall be com- 
pensated for their time spent in canvassing. 

History: En. Sec. 196, Ch. 368, L. 1969. 

23-4108. Procedure when more than one application for recount made. 

If more than one (1) candidate makes application for a recount, the court 
may consider the applications together. The court may make separate or 

264 



RECOUNTS 23-4111 

joint orders on the applications and apportion the expenses between the 
applicants. 
History: En. Sec. 197, Ch. 368, L. 1969. 

23-4109. Manner of recounting ballots. Tlie board of canvassers in 
recounting the ballots shall count the votes cast, at the same time, in 
the precincts in which a recount is ordered for the several candidates 
in whose behalf a recount is ordered in the following manner: 

(1) The registrar shall produce, unopened, unless it is necessary for 
the registrar to open the package or envelope to secure election materials 
which have been sealed in the wrong envelope or package, the sealed 
package or envelope received from the election judges of the precinct, or 
precincts, in which a recount is ordered containing all ballots voted in 
the precinct or precincts; 

(2) A member of the board of county canvassers shall open the sealed 
package or envelope in the presence of the other members, the registrar, 
and the applicant or applicants seeking the recount; 

(3) A member of the board shall then remove the ballots from the 
package or envelope in the presence of the applicant or applicants seeking 
the recount and the candidate or candidates Avho receive the highest 
number of votes by the first canvass ; 

(4) One (1) of the members of the board, in the presence and view 
of the candidates and one (1) other board member, shall read each ballot 
aloud. As the ballots are read, two (2) clerks shall write the votes cast 
for each person in each precinct at full length, on previously prepared tally 
sheets showing the names of the respective candidates, the olBfice or offices 
for which a recount is made, and the number of each election precinct; 

(5) At the completion of the recount, the tally sheets shall be com- 
pared, their correctness ascertained, and the total number of votes cast for 
each candidate determined; 

(6) If the recount shows the votes for any applicant are more or 
less than the number shown upon the official returns, the clerk of the 
board of canvassers shall correct the original returns to state the num- 
ber of votes ascertained by the recount; 

(7) The board of canvassers shall direct the clerk to enter the result 
of the election as determined by the recount on the board records and the 
clerk shall make out and deliver a certificate of election which conforms 
to the result of the recount. 

History: En. Sec. 198, Ch. 368, L. 1969. 

23-4110. Service of copy of application on candidate originally found 
to be elected — hearing. The candidate found to be elected as a result 
of the original or first canvass shall be served with a copy of the applica- 
tion for recount. He shall be given an opportunity to be heard and shall 
be permitted to be present and to be represented at any recount ordered. 
History: En. Sec. 199, Ch. 368, L. 1969. 

23-4111. Sealing recounted ballots. When the recount in a precinct 
has been finished, the ballots shall again be sealed in tlie same package 

265 



23-4112 ELECTIONS 

or envelope in the presence of the registrar and the members of the board 
of canvassers and shall be delivered to the registrar for custody. 
History: En. Sec. 200, Ch. 368, L. 1969. 

23-4112. Certificates of election, effect of recount on. If the recount 
shows that the person who received the certificate of election according 
to section 23-4014 did not receive the highest number of votes, the registrar 
shall issue a new certificate to the person receiving the highest number 
pursuant to the recount and the first certificate is void. The person receiv- 
ing the second certificate shall be elected to the office. 
History: En. Sec. 201, Ch. 368, L. 1969. 

23-4113. Determining total vote cast for all candidates for an office. 

When an elector may vote for two (2) or more candidates for the same 
office, the total vote cast for all candidates for the office is the total vote cast 
for all candidates divided by the number of candidates officially declared 
nominated or elected as shown by the official returns. 
History: En. Sec. 202, Ch. 368, L. 1969. 

23-4114. County recount board, board of county commissioners as — 
absent and disqualified members — clerk. (1) The county recount board 
shall always consist of three (3) acting members. 

(2) The county recount board is the board of county commissioners. 

(3) If one (1) or more of the commissioners cannot attend when the 
board meets, his place shall be filled by a county officer in the following 
order of appointment: the treasurer, the assessor, the sheriff, the clerk of 
court. 

(4) If a member of the recount board was a candidate for an office 
or nomination for which votes are to be recounted, he shall be disqualified. 

(5) The registrar is clerk of the recount board, and the board may hire 
additional clerks as needed. 

History: En. Sec. 203, Ch. 368, L. 1969. 

23-4115. Meeting of board when recount requested. (1) Immediately 
upon receiving an application for a recount or notice from the secretary 
of state that an application has been filed with him, the registrar shall 
notify the members of the county recount board. 

(2) The board shall convene at the usual meeting place of the com- 
missioners without undue delay but not later than five (5) days after 
receiving notice from the registrar. 
History: En. Sec. 204, Ch. 368, L. 1969. 

23-4116. Persons entitled to appear at recount — opening and recount 
of ballots. (1) Each candidate involved in a recount may appear, per- 
sonally' or by a representative, and shall have full opportunity to witness 
tlie opening of all ballot boxes and the count of all ballots. 

(2) If the recount is upon a referred or submitted question, one (1) 
qualified elector favoring ('{icli side of the question may be present and 
represent his side. 

266 



RECOUNTS 23-4118 

(3) The registrar shall produce, unopened, the sealed package or en- 
velope received from the election judges in each election precinct in the 
county. 

(4) The recount shall proceed as provided in section 23-4109 and as 
expeditiously as possible until completed. 

History: En. Sec. 205, Ch. 368, L. 1969. 

23-4117. Certification of recount results — transmittal to secretary of 
state — corrected abstract of votes — new certificate of election or nomination. 

(1) Immediately after the recount the county recount board shall certify 
the result. 

(2) At least two (2) members of the board shall sign the certificate 
and it shall be attested to under seal by the registrar. 

(3) The certificate shall set forth in substance the proceedings of 
the board and appearance of any candidates or representatives, and it 
shall adequately designate each precinct recounted, the vote of each precinct 
according to the official canvass previously made, nomination, position, or 
question involved, and the correct vote of each precinct as determined by 
the recount. 

(4) "When the certificate relates to a recount for an office, nomination, 
position, or question voted upon in more than one (1) county or for judge 
of the district court, the certificate shall be made in duplicate. One (1) 
copy shall be transmitted immediately to the secretary of state by registered 
mail. 

(5) If the recount relates to an office, nomination, position, or question 
voted upon in only one (1) county, or part of a single county, the county 
recount board shall immediately recanvass the returns as corrected by the 
certificate showing the result of the recount and make a corrected abstract 
of the votes. 

(a) If the corrected abstract shows no change in the result, no further 
action shall be taken. 

(b) If there is a change in the result, a new certificate of election 
or nomination shall be issued to each candidate found to be elected or 
nominated. 

History: En. Sec. 206, Ch. 368, L. 1969. 

23-4118. Reconvening state board of canvassers — recanvass by state 
board — corrected abstract of votes — new certificate of election or nomina- 
tion. (1) When the secretary of state receives certificates from all county 
recount boards, he shall file them, and fix a time and place as soon as 
possible for reconvening the state board of canvassers, and shall notify 
the members. 

(2) The state board of canvassers shall recanvass the official returns 
on the office, nomination, position or question, as corrected by tlie certificates 
and make a new and corrected abstract of the votes cast. 

(a) If the corrected abstract shows no change in the results, no further 
action shall be taken. 

267 



23-4119 ELECTIONS 

(b) If there is a change in the results, a new certificate of election or 
nomination shall be issued in the same manner as the certificate of election 
or nomination was previously issued to each candidate elected or nominated. 
History: En. Sec. 207, Ch. 368, L. 1969. 

23-4119. Tie vote after recount. If the recount shows a tie vote and 
it cannot be determined who has been nominated or elected, the office or 
position shall be filled as provided by sections 23-4120 and 23-4121. 
History: En. Sec. 208, Ch. 368, L. 1969. 

23-4120. Procedure upon tie vote for United States representative — 
supreme court justice — district court judge — legislator. (1) If there is a 
tie vote for United States representative, the secretary of state shall send 
a certified statement to the governor showing the votes cast and the governor 
shall order a special election. 

(2) If there is a tie vote for justice of the supreme court, judge of a 
district court, or member of the legislative assembly the secretary of state 
shall send a certified statement to the governor showing the vote cast 
for each person, and the governor shall appoint an eligible person to hold 
office. 

History: En, Sec. 209, Ch. 368, L. 1969. 

23-4121. Procedure upon tie vote for state executive officers — county 
officers other than county commissioner — township officers — commissioners. 

(1) If there is a tie vote for governor, lieutenant governor, secretary of 
state, attorney general, state auditor, state treasurer, clerk of the supreme 
court, superintendent of public instruction, or any other state executive 
officer, the legislative assembly, at its next regular session, shall elect a 
person to fill the office by joint ballot of the two (2) houses. 

(2) If there is a tie vote for clerk of the district court, county attorney, 
any county officer except county commissioner, or for a township officer, 
the commissioners shall appoint an eligible person as in case of other 
vacancies in the office. 

(3) If there is a tie vote for commissioner, the senior district judge 
shall appoint an eligible person to fill the office as in other cases of 
vacancy. 

(4) If there is a tie vote for state officers, the secretary of state shall 
transmit a certified copy of the statement to the legislative assembly show- 
ing the votes cast for the two (2) or more persons having an equal and the 
highest number of votes. 

History: En. Sec. 210, Ch. 368, L. 1969. 

23-4122. Expenses of recount. The expense of the recount is a county 
charge. Expenses of the secretary of state and state board of canvassers 
are a .state charge. 

History: En. Sec. 211, Ch. 368, L. 1969. 

268 



CONTESTS OF BOND ELECTIONS 23-4202 

CHAPTER 42 

CONTESTS OF BOND ELECTIONS 

Section 

23-4201. Grounds for challenge. 

23-4202. Designation of time and place of hearing — citation — hearing and determina- 
tion of issues. 

23-4201. Grounds for challenge. (1) Any elector qualified to vote 
in <i bond election of a county, city, or of any political subdivision of either 
may contest a bond election, for any of the following causes: 

(a) That the precinct board in conducting the election or in canvassing 
the returns, made errors sufficient to change the result of the election ; 

(b) That any official charged with a duty under this act, failed to per- 
form that duty; 

(c) That in conducting the election, any official charged with a duty 
under this act, violated any of the provisions of this act relating to bond 
elections. 

(2) Within five (5) days after the election, the contestant shall file a 
verified petition with the clerk of the court in the judicial district where 
the election was held. 

History: En. Sec. 212, Ch. 368, L. 1969. 

23-4202. Designation of time and place of hearing — citation — hearing 
and determination of issues. (1) Within five (5) days after the petition 
is filed, the district judge shall designate the time and place of hearing. 

(2) The clerk shall immediately issue a citation for the defendant to 
appear at the time and place specified in the order, and shall serve the 
citation immediately upon the defendant either : 

(a) Personally, or 

(b) If the party cannot be found, by leaving a copy at the house where 
he last resided. 

(3) The court shall meet at the time and place designated to deter- 
mine the contested election and shall have all the powers necessary to the 
determination thereof. 

(4) The court shall be governed by the rules of law and evidence gov- 
erning the determination of questions of law and fact, so far as the same 
may be applicable. 

(5) The court shall continue in special session to hear and determine 
all issues in the contested election. After hearing the proofs and allega- 
tions of the parties and within ten (10) days after submission thereof, the 
court shall file its findings of fact and conclusions of law, and immediately 
shall pronounce judgment in the premises, either confirming or annulling 
and setting aside the election. The judgment shall be entered immediately 
thereafter. 

History: En. Sec. 213, Ch. 368, L. 1969. 



269 



23-4301 ELECTIONS 

CHAPTER 43 

PRESIDENTIAL ELECTORS 

Section 

23-4301. Election of electors, nlien chosen iind number. 

23-4302. Nomination of electors — ballot — votes. 

23-4303. Returns — lists of electors elected. 

23-4304. Meeting and voting of electors. 

23-4305. Lists of persons voted for. 

23-4306. Compensation of electors. 

23-4307. Vacancy, how filled. 

23-4301. Election of electors, when chosen and number. On the Tues- 
day next after the first Monday of November in the year in which a presi- 
dent of the United States is to be elected there shall be elected as many 
electors for president and vice-president of the United States as are allo- 
cated to this state. 

History: En. Sec. 214, Ch. 368, L. 1969, 

23-4302. Nomination of electors — ballot — votes, (1) Each political 
partj^ shall nominate presidential electors for this state and file with the 
secretary of state certificates of nomination for these candidates at the time 
and in the manner and number provided by law, 

(2) The secretary of state shall certify to the registrars the names of 
the candidates for president and vice-president of the several political 
parties, which shall be printed on the ballot, 

(3) The names of candidates for electors of president and vice-president 
shall not be printed upon the ballot. 

(4) The votes cast for candidates for president and vice-president of 

each political party shall be counted for the candidates for presidential 

electors of the political party whose names have been filed with the 

secretary of state. 

History: En. Sec. 215, Ch, 368, L, 1969. tors is a nomination for public office. State 

ex rel. Wheeler v. Stewart, 71 M 358, 363, 
Nomination for Public Office 030 P 366. 

The nomination for presidential elec- 

23-4303, Returns — lists of electors elected. (1) The votes for candi- 
dates for president and vice-president shall be given, received, returned 
and canvassed as the votes are given, returned, and canvassed for candi- 
dates for Congress, 

(2) The secretary of state shall prepare three (3) lists of names of 
electors elected and affix the seal of the state to the lists. 

(3) The lists shall be signed by the governor and secretary of state 
and by the latter delivered to the college of electors at the hour of their 
meeting. 

History: En. Sec, 216, Ch. 368, L. 1969. 

23-4304. Meeting and voting of electors. (1) The electors shall meet 
in Helena at 2 p. m. on the first Monday after the second Wednesday in 
December following their election. 

270 



MEMBERS OF CONGRESS 



23-4401 



(2) The electors shall vote by separate ballots for one (1) person for 
president and one (1) for vice-president of the United States. 



History: En. Sec. 217, Ch. 368, L. 1969. 

Extension of Time Unconstitutional 

Since, under prior section and the fed- 
eral act (U.S.C, Tit. 3, sec. 5, enacted pur- 
suant to section 1, article II of the federal 
constitution), the presidential electors 
must meet on the first Monday after the 
second Wednesday in December follow- 



ing their election, the legislature could not, 
by enacting ch. 101, Laws 1943 (since re- 
pealed), constitutionally extend the time 
for depositing military ballots for the gen- 
eral election for seven weeks beyond the 
Tuesday after the first Monday in Novem- 
ber. Maddox v. Board of State Canvassers, 
116 M 217, 224, 149 P 2d 112. 



23-4305. Lists of persons voted for. (1) The electors shall make lists 
of the persons voted for as president and vice-president, indicate the number 
of votes for each, certify, seal, and transmit the lists as prescribed by 
laws of the United States. 

History: En. Sec. 218, Ch. 368, L. 1969. Compiler's Notes 

As enacted, this section contained no 
subsection (2). 

23-4306. Compensation of electors. Electors shall receive the same pay 
and mileage allowed members of the legislative assembly. Payments shall 
be certified by the secretary of state and paid by the state auditor from 
the state general fund. 

History: En. Sec. 219, Ch. 368, L. 1969. 

23-4307. Vacancy, how filled. If a vacancy occurs, the electors present 
shall elect a citizen of the state to fill the vacancy. 
History: En. Sec. 220, Ch. 368, L. 1969. 



Section 
23-4401. 

23-4402. 
23-4403. 
23-4404. 



CHAPTER 44 
MEMBERS or CONGEESS— ELECTIONS AND VACANCIES 

Election of United States senators and representatives — for full term and 

to fill vacancies. 
Writs of election to fill vacancy. 
Certificates issued by governor. 
Residence required for election or appointment to Congress. 



23-4401. Election of United States senators and representatives — for full 
term and to fill vacancies. (1) United States senators and representatives 
shall be elected at the general election preceding commencement of the 
term to be filled. 

(2) Tf a vacancy occurs for senator, or United States representative, 
an election to fill the vacancy shall be held at the next general election. If 
an election is invalid or not held at that time, the election shall be at the 
second succeeding general election. 

(3) Nominations and elections shall be as provided by law for 
governor. 

History: En. Sec. 221, Ch. 368, L. 1969. 

271 



23-4402 ELECTIONS 

23-4402. Writs of election to fill vacancy. If a vacancy occurs in the 
office of United States senator or representative, the governor shall issue 
a writ of election to fill the vacancy. The governor may make a temporary 
appointment to fill the vacancy until the election. 
History: En. Sec. 222, Ch. 368, L. 1969. 

23-4403. Certificates issued by governor. Upon receipt of the state- 
ment required by section 23-4016, the governor shall send a certificate 
of election to each person elected. 
History: En. Sec. 223, Ch. 368, L. 1969. 

23-4404. Residence required for election or appointment to Congress. 

A person who has not resided in this state at least one (1) year prior to 
his election or appointment is not eligible for the office of United States 
senator or representative. 

History: En. Sec. 224, Ch. 368, L. 1969. 

CHAPTER 45 

NONPAETISAN NOMINATION AND ELECTION OF JUDGES 

Section 

23-4501. Judicial offices as separate and independent offices for election purposes. 

23-4502. Nominations. 

23-4503. Declarations for nomination — contents — -fee. 

23-4504. Register of candidates for nomination — arrangement and certification of can- 
didates' names — separate from party designation. 

23-4505. Primary ballots — preparation and distribution. 

23-4506. Judicial primary ballots. 

23-4507. Separate counting and canvassing of judicial ballots — application of general 
laws. 

23-4508. Nominations — placing names on ballots. 

23-4509. Tie vote, how decided. 

23-4510. Vacancies among nominees after nomination and before general election, 
how filled. 

23-4511. Unlawful for political party to endorse judicial candidate. 

23-4501. Judicial offices as separate and independent offices for election 
purposes. (1) Each vacancy for associate justice of the supreme court 
is a separate and independent office for election purposes. The chief justice 
of the supreme court shall assign an individual number to the four (4) 
associate justices and certify these numbers to the office of the secretary 
of state not less than one hundred eighty (180) days before a primary 
nominating election. 

(2) Each judicial office in a district which has more than one (1) dis- 
trict judge is a separate and independent office for election purposes. 

History: En. Sec. 225, Ch. 368, L. 1969. date" as used in act was not to receive a 

different construction from that as used in 
Purpose and Construction of Act the general primary law. The act was to be 

Purpose of prior act was to eliminate, construed in pari materia with the primary 

so far aa possible, the selection of judges and general election laws. State ex rel. 

from partisan politics. The word "candi- McHale v. Ayers, 111 M 1, 3, 105 P 2d 686. 

23-4502. Nominations. Candidates for the supreme court or district 
court shall be nominated according to primary election laws so far as 
they are consistent with the provisions of this chapter. 
History: En. Sec. 226, Ch. 368, L. 1969. 

272 



NOMINATION AND ELECTION OF JUDGES 23-4506 

23-4503. Declarations for nomination — contents — fee. (1) Judicial 
candidate.s shall file declarations for nomination as required by the primary 
election laws in a form specified by the secretary of state. 

(2) Declarations for nomination as associate justice of the supreme 
court shall designate the number of the office. A per.son can make only one 
(1) designation. 

(3) Candidates for nomination as district judge in a district having 
more than one (1) judge shall specify the number of the office. His ca)idi- 
dacy is limited to the number specified. 

(4) Declarations shall not indicate political affiliation. The candidate 
shall not state in his declaration any principles or measures he advocates 
nor any slogans. 

(5) Each person filing a declaration shall remit the fee prescribed 
by law for the position he seeks. Declarations for justice of the supreme 
court and district court judge shall be filed with the secretary of state. 

History: En. Sec. 227, Ch. 368, L. 1969. 

23-4504. Register of candidates for nomination — arrangement and 
certification of candidates' names — separate from party designation. (1) 
On receipt of a declaration, the secretary of state shall make entries in 
the "Register of Candidates for Nomination" on a page different from 
entries made for district candidates of political parties. 

(2) The secretary of state shall separately arrange, certify, and file 
the names of judicial candidates, and certify to each registrar the names 
to be placed on the primary ballot at the same time, and in the same way, 
that other candidates are certified. 

(3) The certificates shall show the names of candidates and number 
of the judicial office for each. The list shall be separate from lists of candi- 
dates appearing under political headings. 

History: En. Sec. 228, Ch. 368, L. 1969. 

23-4505. Primary ballots — preparation and distribution. (1) The 

registrars shall arrange, prepare, and distribute primary ballots for judi- 
cial offices designated "Judicial Primary Ballots." They shall be arranged 
as other primary ballots and be without political designation. 

(2) The number of judicial primary ballots and sample ballots 
furnished shall be the same as other primary ballots. 
History: En. Sec. 229, Ch. 368, L. 1969. 

DECISIONS UNDER FORMER LAW 

Write-in Candidate but, though the act was silent as to their 

The prior Nonpartisan Judiciary Act ''ig^t to write in the name of a qualified 

did not restrict electors to the privilege person to judicial office, they could do so. 

of voting only for candidates whose names State ex rel. McHale v. Ayers, 111 M 

appeared on the primary judicial ballot, ^> 3, 105 P 2d 686. 

23-4506. Judicial primary ballots. (1) The "Judicial Primary Bal- 
lot" shall be furnished to electors in the same manner as other primary 
ballots. 

273 



23-4507 ELECTIONS 

(2) The number of the judicial primary ballot shall correspond to 
the number of the elector's regular ballot. 

(3) Different terms of oflBce for the same position shall be considered 
separate offices. 

History: En, Sec. 230, Ch. 368, L. 1969. 

23-4507. Separate counting and canvassing of judicial ballots — appli- 
cation of general laws. (1) After closing the polls, the election officers 
shall separately count and canvass judicial ballots, and record and certify 
them, showing the number of votes cast for each person. 

(2) Judicial ballots, stubs, and unused ballots shall be disposed of 
in the same manner as other ballots, stubs and unused ballots. Returns 
shall be made as provided by law. 
History: En. Sec. 231, Ch. 368, L. 1699. 

23-4508. Nominations — placing names on ballots. (1) Candidates for 
nomination equal to twice the number to be elected at the general election 
who shall receive the highest number of votes cast at the primary, or 
if the number of candidates is not more than twice the number to be 
elected then all candidates, are nominees for the office. 

(2) Candidates who received the highest vote in the primary shall 
have their names printed on the official ballot for the general election. 

(3) No candidate shall have his name on the judicial ballot for the 
general election unless he was a successful candidate at the primary 
election. 

History: En. Sec. 232, Ch. 368, L. 1969. 

23-4509. Tie vote, how decided. (1) In case of a tie vote, the candi- 
dates shall appear and cast lots before the secretary of state on the fifth 
day after the vote is officially canvassed. 

(2) If a candidate fails to appear in person or by proxy in writing 
before 12 noon of the day appointed, the secretary of state shall by 
lot determine the candidate whose name will be printed on the official 
ballot. 

History: En. Sec. 233, Ch. 368, L. 1969. 

23-4510. Vacancies among nominees after nomination and before gen- 
eral election, how filled. (1) If after the primary a candidate is not 
able to run for the office for any reason, the vacancy shall be filled by 
the candidate next in rank in number of votes received in the primary 
election. 

(2) If after the primary and before the general election there is 
no person able or entitled to the office or there are not enough candidates 
to fill the offices, the governor shall certify to the secretary of state the 
names of persons qualified for the office equal to twice the number to be 
elected. The names of those persons nominated by the governor shall be 
printed on the official ballot. 

274 



CONVENTIONS — CONSTITUTIONAL AMENDMENTS 23-4603 

(3) Nomiuations made by the governor are not filed too late if filt'd 
within ten (10) days after the vaeancy occurs. If the ballots have already 
been printed, stickers may be used to place the names on the ballot. 
History: En. Sec. 234, Ch. 368, L. 1969. 

23-4511. Unlawful for political party to endorse judicial candidate. A 
political party which endorses a candidate for justice of the supreme 
court or district court judge, a person who participates in an endorse- 
ment by a political party, or a person who acts on behalf of a political 
party in endorsing a judicial candidate is guilty of a misdemeanor. 
History: En. Sec. 235, Ch. 368, L. 1969. 

CHAPTER 46 

CONVENTIONS TO RATIFY AMENDMENTS TO CONSTITUTION 

OF THE UNITED STATES 

Section 

23-4601. Convention for ratification of amendments to United States constitution. 

23-4602. Delegates to constitutional convention, 

23-4603. Nomination of delegates. 

23-4604. Determination of election results. 

23-4605. Ballot form. 

23-4606. Time for convention of delegates. 

23-4607. Quorum — officers — procedure — qualifications. 

23-4608. Compensation of delegates and officers. 

23-4609. Certificate of result — transmission to secretary of state of United States. 

23-4610. Qualifications of petitioners and electors. 

23-4611. Federal acts to supersede state provisions concerning amendments. 

23-4601. Convention for ratification of amendments to United States 
constitution. If Congress proposes an amendment to the constitution of 
the United States to be ratified by state convention, a convention shall be 
held. 

History: En. Sec. 236, Ch. 368, L. 1969. 

23-4602. Delegates to constitutional convention. (1) The number of 
convention delegates shall be equal to the number of members in the 
legislative assembly. Each district shall have delegates equal to the 
number of members it is entitled to in the legislative assembly. 

(2) Delegates shall be elected at the next primary or general election 
after Congress has proposed the amendment, or at a special election 
called by the governor. 

(3) Except as otherwise provided in sections 23-4601 through 23-4611, 
the election shall be in accordance with the laws for the election of 
members of the legislative assembly. 

History: En. Sec. 237, Ch. 368, L. 1969. 

23-4603. Nomination of delegates. (1) Nominations for the oflSce of 
delegate shall be by petition signed by not less than one hundred (100) 
voters of the district. 

(2) Nominations shall be without political designation but shall 
be as "in favor of" or "opposed to" ratification of the proposed amend- 
ment. 

275 



23-4604 ELECTIONS 

(3) Petitions and acceptances shall be filed not less than thirty (30) 
days prior to the election. 

History: En. Sec. 238, Ch. 368, L. 1969. 

23-4604. Determination of election results. The results of the election 
are determined as follows : 

(1) The votes cast for each candidate "in favor of" ratification, and 
the total votes cast for all candidates "in favor of" ratification and the votes 
cast for each candidate "opposed to" and the total votes cast for all 
candidates "opposed to" ratification shall be ascertained ; 

(2) Candidates receiving the highest number of votes equal to the 
number of delegates to be elected from the side receiving the greater 
number of votes are elected. 

History: En. Sec. 239, Ch. 368, L. 1969. 

23-4605. Ballot form. The official ballot form shall be prescribed by 
the secretary of state. 
History: En. Sec. 240, Ch. 368, L. 1969. 

23-4606. Time for convention of delegates. Delegates shall meet at 
the state capitol on the first Monday in the month following the election 
at 10 a. m. and constitute a convention to act upon the proposed amend- 
ment. 
History: En. Sec. 241, Ch. 368, L. 1969. 

23-4607. Quorum — officers — procedure — qualifications. A majority of 
the total number of delegates constitutes a quorum. The convention may 
choose a president, secretary, and other necessary officers; make rules 
governing the procedure of the convention; and shall judge the qualifica- 
tions and election of its members. 
History: En. Sec. 242, Ch. 368, L. 1969. 

23-4608. Compensation of delegates and officers. Each delegate shall 
receive mileage and per diem as provided by law for members of the 
legislative assembly. The secretary and other officers shall receive com- 
pensation fixed by the convention. 
History: En. Sec. 243, Ch. 368, L. 1969. 

23-4609. Certificate of result — transmission to secretary of state of 
United States. When the convention has agreed by majority vote of dele- 
gates attending the convention, a certificate of the result shall be executed 
by the president and secretary and transmitted to the secretary of state 
of the United States, 

History: En. Sec. 244, Ch. 368, L. 1969. 

23-4610. Qualifications of petitioners and electors. Persons entitled to 
petition for nomination and vote at the election are determined by laws 
on registration. 

History: En. Sec. 245, Ch. 368, L. 1969. 

276 



CONVENTIONS — CONSTITUTIONAL AMENDMENTS 



23-4611 



23-1228, 
23-1303, 



23-1301, 23-1302(1), 23-1302(2), 
23-1303.1, 23-1304 through 23- 



23-4611, Federal acts to supersede state provisions concerning amend- 
ments. If Congress prescribes how the convention shall be constituted and 
held by resolution or statute, sections 23-4601 through 23-4610 are inopera- 
tive and the convention shall be constituted and held as Congress directs. 
All state officers are directed to take action to constitute the convention 
as authorized by Congress and act as if acting under state statute. 
History: En. Sec. 246, Ch. 368, L. 1969. 

Repealing Clause 

Section 248 of Ch. 368, Laws 1969 read 
"Sections 23-101 through 23-106, 23-201 
through 23-202, 23-301 through 23-311, 
23-401 through 23-407, 23-501, 23-501.1, 23- 
502 through 23-534, 23-601 through 23-604, 
23-604.1, 23-604.2, 23-605 through 23-612, 
23-701 through 23-713, 23-801 through 23- 
820, 23-901 through 23-929, 23-931, 23- 
933 through 23-936, 23-1001, 23-1008 
through 23-1009, 23-1101 through 23-1107, 
23-1109 through 23-1117, 23-1201 through 



1321, 23-1401 through 23-1406, 23-1501 
through 23-1503, 23-1601 through 23-1608, 
23-1608A, 23-1609 through 23-1618, 23- 
1701 through 23-1715, 23-1801 through 23- 
1808, 23-1812 through 23-1819, 23-1901 
through 23-1904, 23-2001 through 23-2012, 
23-2014, 23-2101 through 23-2111, 23-2201 
through 23-2206, 23-2301 through 23- 
2323, 23-2401 through 23-2411, and 23-2501 
through 23-2507, E. C. M. 1947 are re- 
pealed." 



277 



TITLE 32 

HIGHWAYS, BRIDGES AND FERRIES 



CHAPTER 29 



BOARD OF COUNTY COMMISSIONERS 
RESPONSIBILITY FOR BRIDGES AND FERRIES 

Section 32-2903. Election to determine question of construction — bonds — special levy. 

32-2903. Election to determine question of construction — ^bonds — spe- 
cial levy. (1) Before undertaking the construction of any bridge the cost 
of which shall exceed ten thousand dollars ($10,000), in any city or town, 
the board shall submit to the qualified electors of the county, at a general 
or special election, the question of whether the bridge shall be constructed 
and its cost paid by the county. 

(2) If the electors vote in favor of construction, the board may issue 
and sell bonds of the county to the amount authorized for the construc- 
tion of the bridge. Bonds shall be issued under such regulations as apply 
to other bonds of the county. 

(3) The bridge shall be constructed using the proceeds of such sale. 

(4) If the cost of the bridge does not exceed the amount authorized 
to be raised by a special tax, it may be levied as provided in section 32-3604 
of this code. 

History: En. Sec 5-203, Oh. 197, L. 1965. 

CHAPTER 36 

COUNTY TAX LEVIES FOR ROAD AND 
BRIDGE CONSTRUCTION 

Section 32-3605. Additional tax levy for road and bridge construction. 

32-3605. Additional tax levy for road and bridge construction. (1) 
Each board may make an additional levy upon the taxable property in 
the county of ten (10) mills or less for constructing public highways and 
bridges. 

(2) Before the additional levy may be made, the question shall be 
submitted to a vote of the people at some general or special election in 
the following form, inserting the number of mills to be levied and the 

name of the county : "Shall there be an additional levy of mills 

upon the taxable property in the county of , state of Montana, 

for the purpose of constructing public highways and bridges? 

D Yes 

D No." 

279 



37-101 ELECTION LAWS 

(3) A majority of the votes cast shall be necessary to permit the 
additional levy which shall be collected in the same manner as other road 
taxes. 

HlBtory: En. Sec. 7-105, Oil. 197, L. 1966. 



TITLE 37 
INITIATIVE AND REFERENDUM 



CHAPTER 1 

INITLA.TIVE AND BEFEEENDUM 

Section 37-101. Form of petition for referendum. 

37-102. Form of petition for initiative. 

37-103. County clerk to verify signatures. 

37-104. Notice to governor and proclamation, 

37-104.1. Attorney general's summary of referred or initiative measures — State- 
ment by secretary of state for referendum measures — Placement on 
ballot. ^ 

37-105. Certification and numbering of measures — constitutional amendments. 

37-106. Manner of voting — ballot. 

37-107. Printing and distribution of measures. 

37-108. Canvass of votes. 

37-109. Who may petition — false signature — penalties. 

37-110. Beferred bills not effective until approved. 

37-101. (99) Form of petition for referendum. The following shall be 
substantially the form of petition for the referendum to the people on any 
act passed by the legislative assembly of the state of Montana: 

Warning. 
Any person signing any name other than his own to this petition, or 
signing the same more than once for the same measure at one election, 
or who is not, at the time of signing the same, a legal voter of this state, 
is punishable by a fine not exceeding five hundred dollars ($500.00), or 
imprisonment in the penitentiary not exceeding two years, or by both such 
fine and imprisonment. 

Petition for Referendum. 

To the Honorable , Secretary of State of the state of 

Montana : 

We, the undersigned citizens and legal voters of the state of Montana, 

respectfully order that Senate (House) Bill Number , entitled (title 

of act), passed by the legislative assembly of the state of Montana, 

at the regular (special) session of said legislative assembly, shall be re- 
ferred to the people of the state for their approval or rejection, at the regu- 
lar, general, or special election to be held on the day of , 

19.—, and each for himself says: I have personally signed this petition; 
I am a legal voter of the state of Montana; and my residence, postoflBce 
address, and voting precinct are correctly written after my name. 

Name Residence - 

PostoflSce address _ 

280 



INITIATIVE AND REFERENDUM 37-103 

If in city, street and number _ 

Voting precinct 

(Here follow numbered lines for signatures.) 

History: En. Sec 1, Oh. 62, L. 1907; Cross-Beference 

S«c. 106, Eev. 0. 1907; re-en. Sec. 99, Constitutional provisions, Art. V, Sec. L 

B. 0. M. 1921. 



37-102. (100) Form of petition for initiative. The following shall be 
substantially the form of petition for any law of the state of Montana pro- 
posed by the initiative: 

Warning. 
Any person signing any name other than his own to this petition, or 
signing the same more than once for the same measure at one election, 
or who is not, at the time of signing the same, a legal voter of this state, 
is punishable by a fine not exceeding five hundred dollars ($500.00), or 
imprisonment in the penitentiary not exceeding two years, or by both such 
fine and imprisonment. 

Petition for Initiative. 

To the Honorable , Secretary of State ol the 

State of Montana: 

We, the undersigned legal voters of the state of Montana, respectfully 
demand that the following proposed law shall be submitted to the legal 
electors of the state of Montana, for their approval or rejection, at the 

regular, general, or special election to be held on the day of 

, 19...., and each for himself says: 

I have personally signed this petition, and my residence, postoflBce ad- 
dress, and voting precinct are correctly written after my name. 

Name Residence 

PostoflBce address 

If in city, street and number 

Voting precinct 

(Numbered lines for names on each sheet.) 

Every such sheet for petitioner's signature shall be attached to a full 
and correct copy of the title and text of the measure so proposed by initia- 
tive petition; but such petition may be filed with the secretary of state 
in numbered sections, for convenience in handling, and referendum peti- 
tions may be filed in sections in like manner. 

History: En. Sec. 2, Ch. 62, L. 1907; 
Sec. 107, Bev. O. 1907; re-en. Sec. 100, B. 
C. M. 1921. 

37-103. (101) County clerk to verify si^n^at^ires. The county clerk of 
each county in which any such petition shall be signed shall compare the 
signatures of the electors signing the same with their signatures on the regis- 
tration books and blanks on file in his office, for the preceding general 
election, and shall thereupon attach to the sheets of said petition contain- 

281 



37-103 ELECTION LAWS 

ing such signatures his certificate to the secretary of state, substantially 
as follows: 

State of Montana, "j 

j-ss. 
County of J 

To the Honorable , Secretary of State 

for Montana : 

I, , county clerk of the county of 

, hereby certify that I "have compared the 

signatures on (number of sheets) of the referendum (initiative) petition, 
attached hereto, with the signatures of said electors as they appear on the 
registration books and blanks in my office ; and I believe that the signa- 
tures of (names of signers), numbering (number of genuine signatures), 
are genuine. As to the remainder of the signatures thereon, I believe that 

they are not genuine, for the reason that ; 

and I further certify that the following names 

( ) do not appear on the registration books and blanks 

in my office. 

Signed : 

, County Clerk. 

(Seal of Office) By , 

Deputy 

Every such certificate shall be prima facie evidence of the facts stated 
therein, and of the qualifications of the electors whose signatures are thus 
certified to be genuine, and the secretary of state shall consider and count 
only such signatures on such petitions as shall be so certified by said county 
clerks to be genuine; provided, that the secretary of state may consider 
and count such of the remaining signatures as may be proved to be genu- 
ine, and that the parties so signing were legally qualified to sign such 
petitions, and the official certificate of a notary public of the county in 
which the signer resides shall be required as to the fact for each of such 
last-named signatures; and the secretary of state shall further compare 
and verify the official signatures and seals of all notaries so certifying 
with their signatures and seals filed in his office. Such notaries' certificate 
shall be substantially in the following form: 

State of Montana, ") 

}-88. 

County of J 

I, , a duly qualified and acting notary 

public in and for the above-named county and state, do hereby certify: 
that I am personally acquainted with each of the following named electors 
whose signatures are affixed to the annexed petition, and I know of my 
own knowledge that they are legal voters of the state of Montana, and 
of the county and precincts written after their several names in the an- 
nexed petition, and that their residence and postoffice address is correctly 
stated therein, to-wit: (Names of such electors.) 

282 



INITIATIVE AND REFERENDUM 37-104.1 

In Testimony Whereof, I have hereunto set my hand and official seal 

this day of , 19 

Notary Public, in and for County, 

State of Montana. 

The county clerk shall not retain in his possession any such petition, 
or any part thereof, for a longer period than two days for the first two 
hundred signatures thereon, and one additional day for each two hundred 
additional signatures, or fraction thereof, on the sheets presented to him, 
and at the expiration of such time he shall forward the same to the secre- 
tary of state, with his certificate attached thereto, as above provided. The 
forms herein given are not mandatory, and if substantially followed in 
any petition, it shall be sufficient, disregarding clerical and merely technical 
errors. 

History: En. Sec. 3, Ch. 62, L. 1907; 
Sec. 108, Eev. C. 1907; re-en. Sec. 101, 
R. C. M. 1921. 

37-104. (102) Notice to governor and proclamation. Immediately upon 
the filing of any such petition for the referendum or the initiative with the 
secretary of state, signed by the number of voters and filed within the time 
required by the constitution, he shall notify the governor in writing of the 
filing of such petition, and the governor shall forthwith issue his proclama- 
tion, announcing that such petition has been filed, with a brief statement 
of its tenor and effect. Said proclamation shall be published four times for 
four consecutive weeks in one daily or weekly paper in each county of the 
state of Montana. 

History: En. Sec. 4, Ch. 62, L. 1907; 
re-en. Sec. 109, Eev. C. 1907; re-en Sec. 
102, E. C. M. 1921. 

37-104.1, Attorney general's summary of referred or initiative mea- 
sures — statement by secretary of state for referendum measures — place- 
ment 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 23-110^ [23-3506] 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 general shall provide and return to the secretary of 
state a statement in ordinary plain language explaining in not more 
than one hundred (100) words the general purpose of the measure sub- 
mitted. In the case of referendum measures, the secretary of state shall 
prepare a statement setting forth the vote by which the referendum 
passed each house of the legislative assembly and that it was signed by 
the governor. The statement by the secretary of state shall precede the 
attorney general's statement on the printed form. The statement as pre- 
pared by the attorney general, and the statement of the secretary of 
state for referendum measures only, shall be in addition to the legislative 
title of the measure, the statement of the secretary of state for referen- 

283 



37-105 ELECTION LAWS 

dum measures only and the statement of the attorney general shall pre- 
cede the other title of the measure. In providing the statement, the at- 
torney general shall give a true and impartial statement 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 prejudice either for or 
against the measure. 

History: En. Sec. 1, Ch. 22, L. 1963; 
amd. Sec. 1, Ch. 21, L. 1969. 

Compiler's Notes 

Section 23-1102, referred to in the first 

part of this section was repealed by Sec. 

248, Ch. 368, Laws 1969. For new law, 
see sec. 23-3506. 

37-105. (103) Certificatian and nmnbering of measures — constitutional 
amendments. The secretary of state, at the same time that he furnishes to 
the county clerk of the several counties certified copies of the names of the 
candidates for office, shall also furnish the said county clerks his certified 
copy of the titles and numbers of the various measures to be voted upon at 
the ensuing general or special election, and he shall use for each measure 
a title designated for that purpose by the legislative assembly, committee, 
or organization presenting and iiling with him the act, or petition for the 
initiative or the referendum, or in the petition or act; provided, that such 
title shall in no case exceed one hundred words, and shall not resemble any 
such title previously filed for any measure to be submitted at that election 
which shall be descriptive of said measure, and he shall number such meas- 
ures. All measures shall be numbered with consecutive numbers beginning 
with the number immediately following that on the last measure filed in 
the office of the secretary of state. The affirmative and negative of each 
measure shall bear the same number, and no two measures shall be num- 
bered alike. It shall be the duty of the several county clerks to print said 
titles and numbers on the official ballot prescribed by section 23-1102, in the 
numerical order in which the measures have been certified to them by the 
secretary of state. Measures proposed by the initiative shall be designated 
and distinguished from measures proposed by the legislative assembly by 
the heading "proposed petition for initiative." 

All constitutional amendments submitted to the qualified electors of 
the state shall likewise be placed upon the official ballot prescribed by 
said section 23-1102 and no such amendment shall hereafter be submitted on 
a separate ballot. Nothing herein contained shall be deemed to change the 
existing laws of the state regulating in other respects the manner of sub- 
mitting such proposed amendments. 

History: En. Sec. 6, Oh. 62, L. 1907; Oh. 66. L. 1913; re-en. Sec. 103, B. C. M 
re-en. Sec. 110, Bev. 0. 1907; amd. Sec. 1, 1921; amd. Sec. 1, Ch. 62, L. 1927. 

37-106. (104) Blauner oi voting — ^ballot. The manner of voting on 
measures submitted to the people shall be by marking the ballot with a 
cross in or on the diagram opposite and to the left of the proposition for 
which the voter desires to vote. The form of ballot to be used on measures 
submitted to the people shall be submitted to and determined by the 

284 



INITIATIVE AND REFERENDUM 37-107 

attorney general of the state of Montana. The following is a sample ballot 
representing negative vote : 



[El 



For Initiative Measure No. 6 
Relating to Duties of Sheriffs. 

Against Said Measure No. 6. 

For Referendum Measure No. 7 
Relating to Purchase of Insane Ae^Iuiil 

Against Said Measure No. 7. 



History: En. Sec. 6, Cb. 62, L. 1907; 66, L. 1913; re-«n. Sec. 104, B. O. M. 1921; 
Sec. Ill, Bev. C. 1907; amd. Sec 2, Oh. amd. Sec. 1, Ch. 18, L. 1937. 

37-107. (105) Printing and distribution of measures. The secretary of 
state shall furnish a copy of each of the proposed measures to be submitted 
to the people and make requisition on the state purchasing agent for the 
printing and delivery to him of all proposed constitutional amendments, 
initiative and referendum measures to be submitted to a vote of the people. 

The state purchasing agent, shall, not later than the first Monday of 
the third month next before any general or special election, at which any 
proposed law is to be submitted to the people, cause to be printed a true 
copy of the title and text of each measure to be submitted, with the number 
and form in which the question will be printed on the oflScial ballot. It 
shall be the duty of the state purchasing agent to call for bids ^nd contract 
with the lowest responsible bidder for the printing of the proposed law to 
be submitted to the people. Any measure proposed to be submitted to the 
people and which concerns the creation of any state levy, debt or liability, 
including the issuance of state bonds or debentures other than refunding 
bonds or debentures, shall be submitted to the eligible voters as defined by 
section 23-303, upon a separate official ballot and no such measure shall be 
submitted on a general ballot. All other measures proposed to be sub- 
mitted to the people including constitutional amendments and initiative 
and referendum measures which do not concern the creation of any state 
levy, debt or liability, may be submitted on the general ballot as provided 
by section 23-1105. 

The proposed law to be submitted shall be printed in news type, each 
page to be six inches wide by nine inches long, and when such proposed 
measure constitutes less than six pages, it shall be printed flat and for- 
warded to the county clerk and recorder of each of the several counties in 
that form. 

When the proposed measure constitutes more than six pages, said 
measure shall be printed in pamphlet form, securely stapled, without cover. 
No proposed measure, hereafter, to be submitted to the people of the state, 
as provided for in this section shall be bound. The quality of the paper to 

285 



37-108 ELECTION LAWS 

be used for the proposed measure shall be left to the discretion of the state 
purchasing agent. The number of said proposed measures to be printed 
shall be five per cent (5%) more than the number of registered voters, as 
shown by the registration lists of the several counties of the state at the 
last preceding general election. 

The secretary of state shall distribute to each county clerk before the 

second Monday in the third month next preceding such regular general 

election, a sufficient number of said pamphlets to furnish one copy to every 

voter in his county. And each county clerk shall be required to mail to each 

registered voter in each of the several counties in the state at least one copy 

of the same within thirty (30) days from the date of his receipt of the same 

from the secretary of state. The mailing of said pamphlets to electors shall 

be a part of the official duty of the county clerk of each of the several 

counties, and his official compensation shall be full compensation for this 

additional service. 

History: En. Sec. 7, C71l 62, L. 1907; 1927; amd. Sec. 2, Oh. 104, L. 1946; amd. 
Sec. 112, Bev. 0. 1907; re-en. Sec. 105, Sec. 1, Oh. 67, L. 1947. 
B. C. M. 1921; amd. Sec. 1, Oh. 137, L. 



37-108. (106) Canvass of votes. The votes on measures and questions 
shall be counted, canvassed, and returned by the regular boards of judges, 
clerks, and officers as votes for candidates are counted, canvassed, and re- 
turned, and the abstract made by the several county clerks of votes on 
measures shall be returned to the secretary of state on separate abstract 
sheets in the manner provided by sections 23-1812 and 23-1813 for abstracts 
of votes for state officers. It shall be the duty of the state board of can- 
vassers to proceed within thirty days after the election, and sooner if the 
returns be all received, to canvass the votes given for each measure, and 
the governor shall forthwith issue his proclamation, which shall be pub- 
lished in two daily newspapers printed at the capital, giving the whole 
number of votes cast in the state for and against each measure and ques- 
tion, and declaring such measures as are approved by a majority of those 
voting thereon to be in full force and effect as the law of the state of 
Montana from the date of said proclamation, designating such measures 
by their titles. 

History: En. Sec. 8, Ch. 62, L. 1907; 
Sec. 113, Eev. C. 1907; re-en. Sec. 106, 
R. C. M. 1921. 



37-109. (107) Who may petition — false signature — penalties. Every 
person who is a qualified elector of the state of Montana may sign a petition 
for the referendum or for the initiative. Any person signing any name other 
than his own to such petition, or signing the same more than once for the 
same measure at one election, or who is not, at the time of signing the 
same, a legal voter of this state, or any officer or any person wilfully 
violating any provision of this statute, shall, upon conviction thereof, be 
punished by a fine not exceeding five hundred dollars, or by imprisonment 

286 



INITIATIVE AND REFERENDUM 37-110 

in the penitentiary not exceeding two years, or by both such fine and im- 
prisonment, in the discretion of the court before which such conviction shall 
be had. 

History: En. Sec. 9, Ch. 62, L. 1907; 
Sec. 114, Rev. C. 1907; re-en. Sec. 107, R. 
C. M. 1921. 

37-110. (108) Referred bills not efiFective uiitil approved. A bill passed 

by the legislative assembly and referred to popular vote at the next general 

election, or at a special election, shall not be in effect until it is approved at 

such general or special election by a majority of those voting for and 

against it. 

History: En. Sec. 10, Ch. 62, L. 1907; 
Sec. 115, Rev. C. 1907; re-en. Sec. 108, R. 
C. M. 1921. 



287 



TITLE 43 

LEGISLATURE AND ENACTMENT OF LAWS 



CHAPTER 1 
SENATORIAL, REPEESENTATIVE AND CONGRESSIONAL DISTRICTS 

Section 43-106.1. Number of senators — senatorial districts and apportionment. 

43-106,2. Number of representatives — representative districts and apportion- 
ment. 
43-107. Congressional districts. 

43-106.1. Number of senators — senatorial districts and apportionment. 

The senate of the legislative assembly shall consist of fifty-five (55) mem- 
bers. The senatorial districts and the number of senators elected from 
each district are as follows : 



Senatorial 


Number of 


District Consists of 


District Number 


Senators 


County or Counties 


1 




Carter, Fallon, Wibaux, Prairie 


2 




Dawson 


3 




Richland and McCone 


4 




Roosevelt 


5 




Valley, Daniels, Sheridan 


6 




Rosebud, Treasure, Garfield, 
Petroleum 


7 




Custer 


8 




Big Horn, Powder River 


9 




Yellowstone 


10 




Phillips, Blaine 


11 




Fergus 


12 




Musselshell, Golden Valley, 
Wheatland, Sweet Grass 


13 




Carbon, Stillwater 


14 




Park 


15 




Gallatin 


16 




Jefferson, Broadwater, Meagher 


17 




Chouteau, Judith Basin 


18 


6 


Cascade 


19 


2 


Hill, Liberty 


20 


2 


Toole, Pondera, Teton 


21 


2 


Lewis and Clark 


22 


2 


Deer Lodge, Powell, Granite 



289 



43-106.2 



ELECTION LAWS 



Senatorial 


Number of 


District Consists of 


istrict Number 


Senators 


County or Counties 


23 


4 


Silver Bow 


24 




Beaverhead, Madison 


25 




Ravalli 


26 




Missoula 


27 




Sanders, Mineral 


28 




Lake 


29 




Glacier 


30 


3 


Flathead 


31 


1 


Lincoln 



History: En. Sec. 1, Ch. 194, L. 1967. 



43-106.2. Number of representatives — representative districts and ap- 
portionment. The house of representatives of the legislative assembly shall 
consist of one hundred and four (104) members. The representative districts 
and the number of representatives elected from each district are as follows : 



sentative 


Number of 


District Consists of 


t Number 


Representatives 


County or Counties 


1 


2 


Carter, Fallon, Wibaux and 
Prairie 


2 


2 


Dawson 


3 


2 


Richland and McCone 


4 


2 


Roosevelt 


5A 


1 


Sheridan 


5B 


3 


Valley, Daniels 


6 


2 


Rosebud, Treasure, Garfield and 
Petroleum 


7 


2 


Custer 


8 


2 


Big Horn and Powder River 


9 


12 


Yellowstone 


lOA 


1 


Phillips 


lOB 


1 


Blaine 


11 


2 


Fergus 


12A 


1 


Musselshell and Golden Valley 


12B 


1 


Wheatland and Sweet Grass 


13 


2 


Carbon and Stillwater 


14 


2 


Park 


15 


4 


Gallatin 


16 


2 


Jefferson, Broadwater and 
Meagher 


17 


2 


Chouteau and Judith Basin 


18 


11 


Cascade 


19 


3 


Hill and Liberty 


20A 


1 


Toole 


20B 


1 


Pondera 


20C 


1 


Teton 



290 



21 


4 


22A 


1 


2?B 


3 


23 


7 


24A 


1 


24B 


1 


25 


2 


26 


7 


27 


2 


28 


2 


29 


2 


30 


5 



LEGISLATURE AND ENACTMENT OF LAWS 43-107 

Representative Number of District Consists of 

District Number Representatives County or Counties 

Lewis and Clark 
Powell 

Deer Lodge and Granite 
Silver Bow 
Beaverhead 
Madison 
Ravalli 
Missoula 

Sanders and Mineral 
Lake 
Glacier 
Flathead 
31 2 Lincoln 

History: En, Sec. 2, Oh. 194, L. 1967. 

43-107. (48) Congressional districts. The counties of Beaverhead, Broad- 
water, Deer Lodge, Flathead, Gallatin, Granite, Jefferson, Lake, Lewis and 
Clark, Lincoln, Madison, Mineral, Missoula, Powell, Ravalli, Sanders, Silver 
Bow, Glacier, Toole, Liberty, Pondera, Teton, Meagher, and Park shall 
constitute the first congressional district of the state. The counties of Big 
Horn, Blaine, Carbon, Carter, Cascade, Chouteau, Custer, Daniels, Dawson, 
Fallon, Fergus, Garfield, Golden Valley, Hill, Judith Basin, McCone, Mussel- 
shell, Petroleum, Phillips, Powder River, Prairie, Richland, Rosebud, Roose- 
velt, Sheridan, Stillwater, Sweet Grass, Treasure, Valley, Wheatland, 
Wibaux and Yellowstone shall constitute the second congressional district 
of the state. 

Whenever any county is created, comprised partly of the territory of 
both such districts, said county shall belong to and become a part of the 
district to which major portion of the territory of said county belonged 
and was a part prior to the creation of such new county. 

History: Ap. p. Sec. 120, PoL C. 1896; 1921; amd. Sec. 1, Ch. 113, L. 1945; amd. 
re-en. Sec. 47, Eev. C. 1907; amd. Sec. 1, Sec. 1, Ch. 124, L. 1967. 
Ch. 44, L. 1917; re-en. Sec 48, R. 0. M. 

CHAPTER 2 

THE LEGISLATIVE ASSEMBLY— ITS COMPOSITION, 
OEGANIZATION, OFFICEKS AND EMPLOYEES 

Section 43-201. Composition of legislative assembly. 
43-202. Term of office. 

43-206.1. Eosters prepared from election records. 
43-207. Senate, organization of. 
43-208. House of representatives, organization of. 
43-215. Filling vacancies in legislative assembly — appointment by board of 

county commissioners — calling of board meeting. 
43-216. Alternate method of selection — failure of one candidate to receive 

majority vote. 
43-217. "Vacancy" defined. 
43-218. Pre-session caucus — house appropriations and senate finance and claims 

committee member — per diem and expenses. 

291 



43-201 ELECTION LAWS 

43-201. (51) Composition of legislative assembly. The legislative 

assembly consists of senators and representatives elected from the several 

senatorial and representative districts of the state in the number specified 

by law. 

History: En. Sec. 150, Pol. C. 1895; Ch. 5, L. 1921; re-en. Sec. 51, R. C. M. 
re-en. Sec. 50, Rev. C. 1907; amd. Sec. 1, 1921. 

43-202. (52) Term of office. The term of ofBce of a senator is four 

years, and of a representative two years; and the term of service thereof 

shall begin on the first Monday of January next succeeding his election, 

and if a senator or representative be elected to fill a vacancy, his term of 

service shall begin on the next day after his election. 

History: Ap. p. Sec. 151, Pol. C. 1895; Ch. 17, L. 1909; re-en. Sec. 52, R. C. M. 
re-en. Sec. 51, Rev. C. 1907; amd. Sec. 1, 1921. Cal. Pol. C. Sec. 226. 

43-206.1. Rosters prepared from election records. The secretary of 
state shall prepare certified rosters from the official election records on 
file in his office for use in the organization of the senate and house of 
representatives. 
History: En. Sec. 1, Ch. 18, L. 1969. 

43-207. (57) Senate^ organization of. At the hour of twelve o'clock, 

noon, on the day appointed for the meeting of any regular session of the 

legislative assembly, the president of the senate, or in case of his absence 

or inability, then the senior member present, must take the chair, call 

the senators and senators-elect to order, call over the senators from the 

certified roster prepared by the secretary of state, and then, from the 

certified roster prepared by the secretary of state, call over the senatorial 

districts and counties, in their order, from which members have been 

elected at the preceding election, and after the same are called the 

members-elect must take the constitutional oath of office and assume 

their seats. The senate may thereupon, if a quorum is present, proceed 

to elect its officers. 

History: En. H. B. No. 69, p. 103, L. 
1891; re-en. Sec. 163, Pol. C. 1895; re-en. 
Sec. 67, Rev. C. 1907; re-en. Sec. 67, R. 0. 
M. 1921; amd. Sec. 2, Ch. 18, L. 1969. Cal. 
Pol. C. Sec. 238. 

43-208. (58) House of representatives, organization of. At the time 

specified in section 43-207, the secretary of state, or in case of his 

absence or inability, then the senior member-elect present, must take the 

chair, call the members-elect of the house of representatives to order, 

and then, from the certified roster prepared by the secretary of state, 

call over the roll of counties and districts; and after the same are called 

the members-elect must take the constitutional oath of office and assume 

their seats. The house of representatives may thereupon, if a quorum is 

present, proceed to elect its officers. 

History: En. Sec. 164, Pol. C. 1895; 
re-en. Sec. 68, Rev. C. 1907; re-en. Sec. 
68, R. 0. M. 1921; amd. Sec. 3, Ch. 18, L. 
1969. Cal. Pol. C. Sec. 239. 

292 



LEGISLATURE AND ENACTMENT OF LAWS 43-218 

43-216. Filling vacancies in legislative assembly — appointment by board 
of county commissioners — calling of board meeting. When a vacancy 
occurs, in either house of the legislative assembly, the vacancy shall be 
filled by appointment by the board of county commissioners, or, in the 
event of a multicounty district, the board of county commissioners com- 
prising the district sitting as one appointing board. The chairman of the 
board of county commissioners of the county in which the person resided 
whose vacancy is to be filled shall call a meeting for the purpose of ap- 
pointing the member of the legislative assembly, and he shall act as the 
presiding officer of the meeting. 

History: En. Sec. 1, Oh. 179, L. 1967. 

43-216. Alternate method of selection — failure of one candidate to 
receive majority vote. In the event that a decision cannot be made by the 
appointing board because of failure of any candidate to receive a majority 
of the votes, the final decision may be made by lot from a number of 
candidates, not exceeding the number of counties comprising the dis- 
trict, in accordance with rules of selection adopted by the appointing 
board. 

History: En. Sec. 2, Oh. 179, L. 1967. 

43-217. "Vacancy" defined. For the purposes of this act, "vacancy" 
or "vacancies" has the same meaning as prescribed in section 59-602, 
R.C.M. 1947. 

History: En. Sec. 3, Oh. 179, L. 1967. 



43-218. Pre-session caucus — house appropriation and senate finance 
and claims committee member — per diem and expenses. As soon after 
the official canvass as possible, but not later than December 1 of each 
year following an election when members of the legislative assembly are 
elected, the majority and minority parties of each house of the legisla- 
tive assembly shall hold a pre-session caucus for holdover senators, sen- 
ators-elect, and representatives-elect. The purpose of the caucus of each 
party of each house is to elect officers, appoint committees and hire any 
necessary employees. Members of the house appropriations committee 
and the senate finance and claims committee named at the caucus shall 
begin reviewing requests for appropriations immediately and may visit 
state agencies and institutions to discuss requests. Members of these 
committees, except senators elected at the general election held in 1968, 
shall receive twenty dollars ($20) per day for each day engaged in com- 
mittee business, and all members of these committees shall be reimbursed 
for actual and necessary expenses incurred in their duties. Per diem and 
expenses shall be paid by the state controller from the appropriation for 
operation of the preceding legislative assembly. 
History: En Sec. 2, Oh. 274, L. 1969. 

293 



TITLE 44 

LIBRARIES 



CHAPTER 2 

COUNTY AND EEGIONAL FEEE LIBEABIES 

Section 44-213. Participation of other governmental units. 

44-219. Establishing public library — resolution — petition — election. 

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

History: En. Sec. 2, Ch. 132, L. 1939; 
amd. Sec. 1, Ch. 249, L. 1963. 

44-219. Establishing public library— resolution — petition — election. A 

public library may be established in any county or city in any of the 
following ways : 

(1) The governing body of any county or city desiring to establish 
and maintain a public library may pass and enter upon its minutes a 
resolution to the effect that a free public library is established under 
the provision of Montana laws relating to public libraries. 

295 



44-219 ELECTION LAWS 

(2) By petition signed by not less than ten per centum (10%) of the 
resident taxpayers whose names appear upon the last completed assess- 
ment roll of the city or county being filed with the governing body re- 
questing the establishment of a public library. The governing body of 
a city or county shall set a time of meeting at which they may by resolu- 
tion establish a public library; the governing body shall give notice 
of the contemplated action in a newspaper of general circulation for two 
consecutive weeks giving therein the date and place of the meeting 
at which the contemplated action is proposed to be taken. 

(3) Upon a petition being filed with the governing body and signed 
by not less than five per centum (5%) of the resident taxpayers of any 
city or county requesting an election the governing body shall submit 
to a vote of the qualified electors thereof, at the next general election, 
the question of whether a free public library shall be established. If 
such a petition is submitted for a city or town, the petition must be 
signed by resident taxpayers of said city or town. If such a petition is 
submitted to the county commissioners of a county asking for the es- 
tablishment of a county library, the petition must be signed by resident 
taxpayers of the county who reside outside the corporate limits of an in- 
corporated city or town located in said county which may already have 
established a free public library for such city or town. 

If such petition specifically asks that a special election be called, and 
such petition is signed by thirty-five per centum (35%) of the resident 
freeholders affected by such petition, then the governing body shall, 
upon receipt of such petition, immediately set a date for a special elec- 
tion, which date shall be as soon as the procedures for establishing a 
special election will allow. 

If at such election, a majority of the electors voting on the question 

vote in favor of the establishment of a library, the governing body 

shall immediately take the necessary steps to establish and maintain said 

library, or to contract with any city or county for library service to 

be rendered to the inhabitants of such city, town or county. 

History: En. Sec. 2, Ch. 260, L. 1967; 
amd. Sec. 1, Ch. 263, L. 1969. 



296 



TITLE 62 

PARKS AND PUBLIC RECREATION 



CHAPTER 2 



CITY, TOWN AND SCHOOL DISTRICT CIVIC CENTERS, 
PARKS AND RECREATIONAL FACILITIES 

Section 62-201. Public parks and grounds, civic and youth centers — additional indebted- 
ness of municipalities to provide. 

62-201. (5159) Public parks and grounds, civic and youth centers — ad- 
ditional indebtedness of municipalities to provide. A city or town council, 
or commission, in addition to the power it now has under the law, has and is 
hereby granted and given the further 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 purpose of pur- 
chasing and improving lands for public parks and grounds ; and/or for pro- 
curing by purchase, or construction, or otherwise, swimming pools, athletic 
fields, skating rinks, playgrounds, museums, a golf course, a site and build- 
ing for a civic center, a youth center, or combination thereof, and furnishing 
and equipping the same ; and 

(2) To purchase, build, furnish and equip the same; provided that the 
total amount of indebtedness authorized to be contracted in any form, in- 
cluding the then existing indebtedness, must not at any time exceed three 
(3) per centum of the value of the taxable property of the city or town, as 
ascertained by the last assessment for state and county taxes previous to the 
incurring of such indebtedness ; and provided, further, that no money must 
be borrowed on bonds issued for the purchase of lands and improving same 
for any such purpose, until the proposition has been submitted to the vote, 
of those qualified under the provisions of the state constitution to vote at 
such election in the city or town affected thereby, and a majority vote cast 
in favor thereof. 

History: En. Sec. 1, Ch. 55, L. 1909; 1, Ch. 114, L. 1923; amd. Sec. 1, Ch. 71, L. 
re-en. Sec. 5159, R. C. M. 1921; amd. Sec. 1945; amd. Sec. 1, Cli. 64, L. 1947. 



TITLE 75 

SCHOOLS 



CHAPTER 13 
THE PUBLIC SCHOOLS— SUPERINTENDENT OF PUBLIC INSTRUCTION 

Section 75-1301. Election, qualification, oath. 

75-1301. (931) Election, qualification, oath. There shall be chosen 
by the qualified electors of the state, at the time and place of voting for 

297 



75-1501 ELECTION LAWS 

members of the legislature, a superintendent of public instruction, who 

shall have attained the age of thirty years at the time of his election, and 

shall have resided within the state two years next preceding his election, 

and is the holder of a state certificate of the highest grade, issued in some 

state, and recognized by the state board of education, or is a graduate of 

some university, college, or normal school recognized by the state board 

of education as of equal rank with a unit of the university of Montana. 

He shall hold his office at the seat of government for the term of four 

years from the first Monday in January following his election, and until 

his successor is elected and qualified. Before entering upon his duties, he 

shall take the oath of a civil officer. 

History: En. Sec. 1700, Pol. C. 1896; 200, Ch. 76, L. 1913; re-en. Sec. 931, R. C. 
re-en. Sec. 805, Rev. C. 1907; amd. Sec. M. 1921; amd. Sec. 33, Ch. 177, L. 1965. 

CHAPTER 15 

COUNTY SUPERINTENDENT OF SCTHOOLS 

Section 75-1501. County superintendent of schools — eligible without regard to sex. 

75-1502. Qualifications for county superintendent of schools. 

75-1503. Election of superintendent. 

75-1504. Term of office. 

75-1501. (950) County superintendent af schools — eligible without re- 

gBxd to sex. All persons otherwise qualified shall be eligible to the office 

of county superintendent of common schools without regard to sex. 

History: Ap. p. Sec. 8, p. 621, Ck>d. 1868, 5th Div. Comp. Stat. 1887; re-eo. Sec. 

Stat. 1871; amd. Sec. 8, p. 118, L. 1874; 1730, Pol. 0. 1895; re-en. Sec. 823, Rev. O. 

re-en. Sec. 1095, 5th Div. Rev. Stat. 1879; 1907; amd. Sec. 300, Ch. 76, L. 1913; re-en. 

amd. Sec. 1, p. 53, L. 1883; re-en. Sec. Sec. 960, R. 0. M. 192L 

75-1502. (950.1) Qualifications for county superintendent of schools. 

No person shall be eligible to the office of county superintendent of schools 
in any county of Montana, who, in addition to the qualifications required by 
the constitution of the state of Montana, is not the holder of a state certifi- 
cate offered by the state of Montana, granted by endorsement upon gradua- 
tion from a standard normal school, or college, or university; or who is not 
the holder of a certificate offered by the state of Montana, designated as a 
state certificate granted by examination in accordance with the rules and 
regulations as prescribed by the state board of educational examiners ; .and 
who has not had at least three years successful experience as a teacher, 
principal or superintendent of public schools. The above qualifications 
shall not prohibit the re-election of present incumbents. 
History: En. Sec. 1, Oh. 118, L. 1929. 

75-1503. (951) Election of superintendent. A county superintendent 

of schools shall be elected in each organized county in this state at the 

general election preceding the expiration of the term of office of the present 

incumbent, and every four years thereafter. 

History: This section originally a part 1868, 6th Div. Ck>mp. Stat. 1887; re-en. Sec. 

of Sec. 950. Ap. p. Sec. 8, p. 621, Ood. 1730, Pol. 0. 1895; re-en. Sec. 823, Rev. 0. 

Stat. 1871; amd. Sec. 8, p. 118, L. 1874; 1907; amd. Sec. 300, Oh. 76, L. 1913; re-en. 

re-en. Sec. 1095, 6th Div. Rev. Stat. 1879; Sec. 951, R. 0. M. 1921; amd. Sec. 1, Ob. 

amd. Sec. 1, p. 63, L. 1883; re-en. Sec. 10, L. 1946. 

298 



SCHOOLS 75-1504 

75-1504. (952) Term of office. The county superintendent shall take 
office on the first Monday in January next succeeding his election and hold 
for four years, and until his successor is elected and qualified. 

History: This section originally a part 1868, 5th Dlv. Comp. Stat. 1887; ro-en Sec 
of Sec. 960. Ap. p. Sec. 8, p. 621, CocL 1730, Pol. 0. 1896; re-en. Sec. 823, Bev C 
SUt. 1871; amd. Sec 8, p. 118, L. 1874; 1907; amd. Sec. 300, Oh. 76, L. 1913; re-en 
re-en. Sec. 1096, 5th Dlv. Rev. Stat. 1879; Sec. 952, R. O. M. 1921; amd- Sec 2, Oh 
amd. Sec. 1, p. 63, L. 1883; re-en. Sec. 10, L. 1946. 



299 



75-1601 ELECTION LAWS 

CHAPTER 16 

SCHOOL TRUSTEES 

Section 75-1601. Qu&Mcationa of. 

75-1602. Number of. 

75-1603. Elections. 

75-1604. Elections in districts of second and third class — nominations. 

75-1605. Conduct of election. 

75-1606. Election in districts of first class — nominations and conduct of 

elections. 

75-1607. Board of trustees to call election. 

75-1608. Same — notice of. 

75-1609. Hours of election. 

75-1610. Judges. 

75-1611. Ballots and method of voting. 

75-1612. Poll and tally-list, certificate of judges and canvass of votes. 

75-1613. Term of oflBce — vacancy — oath of trustees. 

75-1614. Vacancy in school board. 

75-1615. Trustees — how removed. 

75-1616. Vacancy in office of clerk, 

75-1617. Rearrangement of terms to prevent the election of a majority of the 

trustees. 

75-1618. Qualifications of electors. 

75-1619. Challenges — oath of voters. 

75-1620. Expenses of election. 

75-1631. Call of special election. 

75-1632. Duties of trustees. 



75-1601. (985) Qualifications of. Any person, male or female, who is a 
qualified voter at any election under this act, shall be eligible to the office 
of school trustee in such district. 

mstory: En. Sec. 500, Oh. 76, L. 1913; 
re-en. Sec. 985, B. C. M. 1921. 

75-1602. (986) Number of. In districts of the first class, the number 
of trustees shall be seven, in districts of the second class the number of 
trustees shall be five, and in districts of the third class the number of trus- 
tees shall be three. 

History: Ap. p. Sec. 1770, Pol. C. 1896; amd. Sec. 1, Ch. 16, L. 1911; amd. Sec. 501, 
amd. Sec. 1, p. 136, L. 1897; amd. Sec. 1, Ch. 76, L. 1913; re-en. Sec. 966, R. 0. M. 
Oh. 69, L. 1907; Sec. 850, Rev. 0. 1907; 1921. 

75-1603. (987) Elections. An annual election of school trustees shall 
be held in each school district in the state on the first Saturday in April of 
each year at the district schoolhouse, if there be one, and if there be none, 
at a place designated by the board of trustees. In districts of the third class 
having more than one schoolhouse where school is held, one trustee must 
be elected from persons residing where such outside schools are located. 

History: Ap. p. Sec. 1880, 6th Dlv. NOTE.— The last sentence of this sec- 
Oomp. Stat. 1887; amd. Sec. 1, p. 243, L. tion relating to election of school trustees, 
1891; amd. Sec. 1770, Pol. C. 1895; amd. held in violation of the Constitution, Sec- 
Sec. 1, p. 136, L. 1897; amd. Sec. 1, p. 67, tion 13, Article IX and Section 10, Article 
L. 1899; amd. Sec. 1, Ch. 69, L. 1907; Sec. XI. Opinions of Attorney General, Vol. 7, 
860, Rev. 0. 1907; amd. Sec. 1, Ch. 16, L. p. 96. Similar holding in Opinion No. 112, 
1911; amd. Sec. 502, Ch. 76, L. 1913; amd. Vol. 15. 
Sec. 7, Ch. 81, L. 1917; re-en. Sec. 987, 
B. O. M. 1921. 

300 



SCHOOLS 75-1606 

75-1604. (988) Elections in districts of second and third class — 
nominations. In districts of the second and third class, the names of all 
candidates for membership on the school board must be received and 
filed by the clerk and posted at each polling place at least twenty days 
next preceding the election. Any five qualified electors of the district may 
file with the clerk the nominations of as many persons as are to be elected to 
the school board at the ensuing election. 

History: En. Sec. 502, Ch. 76, L. 1913; 
re-en. Sec. 988, R. C. M. 1921; amd. Sec. 
1, Ch. 46, I*. 1965. 

75-1605. (989) Conduct of election. In districts of the second and 
third classes, the election of school trustees shall be held and conducted 
under the supervision of the board of school trustees. The clerk of the school 
district must, not less than fifteen days before the election required under 
this act, post notices in three public places in said district, and in incor- 
porated cities in each ward, which notices must specify the time and place 
of election, and the hours during which the polls will be open. The trus- 
tees must appoint by an order entered in their records three qualified 
electors of said district, to act as judges at such election, and the clerk 
of the district shall notify them by mail of their appointment. If the 
judges named are not present at the time for opening the polls, the elec- 
tors present may appoint judges, and the judges so appointed shall desig- 
nate one of their number to act as clerk. The voting must be by ballot, 
without reference to the general election laws in regard to nominations, 
form of ballot, or manner of voting, and the polls shall be open for such 
length of time as the board of trustees may order; provided, that such 
polls must be open from two p. m. to six p. m. 

History: En. Sec. 502, Ch. 76, L. 1913; 
re-en. Sec. 989, R. C. M. 1921. 

75-1606. (990) Election in districts of first class — nominations and con- 
duct of elections. In districts of the first class, no person shall be voted for 
or elected as trustee unless he has been nominated therefor at a bonafide 
public meeting, held in the district not more than sixty (60) days nor less 
than forty (40) days before the day of election, and at which at least twenty 
(20) qualified electors were present, and a chairman and secretary were 
elected, and a certificate of such nomination, setting forth the place where 
the meeting was held, giving the names of the candidates in full, and if 
there are different terms to be filled, the term for which such candidate was 
nominated, duly certified by the chairman and secretary of such meeting, 
shall be filed with the district clerk within ten (10) days after such public 
meeting. The nomination and election of any person shall be void, unless 
he was nominated at a meeting as above provided at which at least twenty 
(20) qualified electors were present, and his nomination certified and filed 
as aforesaid, and the board of trustees acting as a canvassing board shall 
not count any votes cast for any person, unless he has been so nominated 
and a certificate thereof filed as herein required. In the event there be held 
only one (1) such public meeting, and only one (1) candidate be nominated 

301 



75-1607 ELECTION LAWS 

for each term to be filled then and in that event no election need be held and 
the clerk of such district shall certify such facts to the board of trustees of 
the district, acting as a board of canvassers who shall thereupon certify the 
election of such persons to the county superintendent of schools. 

History: '«n. Sec. 502, Oh. 76, L. 1913; cle XI and Section 11, Article IX and 

re-en. Sec. 990, R. C. M. 1921; amd. Sec, 1, Section 5, Article III of the Constitution, 

Ch. 205, L. 1943; amd. Sec. 1, Ch. 130, L. as depriving electors of the right to ex- 

1945. press free choice of school trustees. Opin- 

NOTE.-This section, as it existed in ^^^'^ <>* Attorney General Vol. 5, p. 477. 
1914, held in violation of Section 10, Arti- 

75-1607. (991) Board of trustees to call election. The board of trustees 

shall, at least thirty days before the annual election of school trustees, by an 

order entered upon the minutes of their meeting, designate and establish 

a suitable number of polling places and create an equal number of election 

precincts to correspond, and define the boundaries thereof. 

History: En. Sec. 502, Ch. 76, L. 1913; 
re-en. Sec. 991, R. C. M. 1921. 

75-1608. (992) Same— notice of. The district clerk shall, at least fif- 
teen days before the election in districts of the first class, give notice of the 
election to be held in all such districts, by posting a notice thereof in three 
public places in the district, and in incorporated cities and towns in each 
ward, which notices must specify the time and place of election, the number 
of trustees, and the terms for which they are to be elected, and the hours 
during which the polls will be open. Whenever, in the judgment of the 
board of trustees, the best interest of the district will be served by the 
publication of such notices of election in some newspaper in the county, 
they may, by an order entered on the minutes of their meeting, direct the 
district clerk to publish the notice of election required to be given in 
districts of the first class, in some newspaper in the county. 

History: En. Sec. 602, Ch. 76, L. 1913; 
re-en. Sec. 992, E. C. M. 1921. 

75-1609. (993) Hours of election. In districts of the first class the polls 

must be opened at twelve o'clock (12:00) noon and kept open until eight 

o'clock (8:00) p. m. 

History: En. Sec. 6, p. 138, L. 1897; 502, Ch. 76, L. 1913; re-en. Sec. 993, E. 0. 
re-en. Sec. 855, Bev. C. 1907; amd. Sec. M. 1921; amd. Sec 1, Oh. 135, L. 1947. 

75-1610. (994) Judges. The board of district trustees shall, at least ten 

days before the day of the annual election of trustees in any district of the 

first class, appoint three qualified electors of the district for each polling 

place established to act as judges of election, and the district clerk shall 

notify such persons by mail of their appointment. Such judges shall 

designate one of their number to act as clerk of such election. If the 

judges appointed, or any of them, are not present at the time for the 

opening of the polls, the electors present may appoint judges, who must 

be qualified electors, to act in the place of those who are absent. 

History: En. Sec. 502, Oh. 76, L. 1913; 
re-en. Sec. 994, B. C. M. 1921. 

302 



SCHOOLS 75-1613 

75-1611. (995) Ballots and method of votmg. In districts of the first 
Class, the ballot shall show the name or names of the candidates and the 
length of time for which they are to be elected. These ballots shall be as 
near as possible in the following form: 

For School Trustees: 

For three (3) year term. 
Vote for Three : 

John Abner 

"William Brown 

Adam Smith 

For one (1) year term. 

George Davis 

History: En. Sec. 9, p. 139, L. 1897; 502, Ch. 76, L. 1913; r&-en. Sec. 995, R. 0. 
re-en. Sec. 858, Rev. C. 1907; amd. Sec. M. 1921. 

75-1612. (996) Poll and tally -list, certificate of judgfcs and canvass of 

votes. At every election held under this act, a poll-list shall be kept by the 
judges and clerk at each polling-place, and immediately after the close 
of the polls the judges shall count the ballots, and if there be more bal- 
lots than votes cast the judges must draw by lot from the ballots, without 
seeing them, sufficient number of ballots to make the ballots remaining 
correspond with the number of votes cast. The clerk shall write down 
in alphabetical order in a poll-book provided for that purpose the name 
of every person voting at the time he deposits his ballot. There shall also 
be provided a tally-list for each polling-place ; after the ballots have been 
counted and made to agree with the poll-list the judges shall proceed to 
count them. The clerk shall enter in the tally-list the name of every person 
voted for as trustee, and the term, and tally opposite his name the number 
of votes cast for him, and at the end thereof set down in a column provided 
for that purpose the whole number of votes he received. The judges and 
clerk shall sign a certificate to said tally-list, setting forth the whole number 
of votes cast for each person or trustee, designating the term, and they shall 
verify the same as being correct, to the best of their knowledge, before an 
officer authorized to administer oaths. No informality in such certificate 
shall vitiate the election, if the number of votes received for each person 
can reasonably be ascertained from said tally-list. Said books and tally-lists 
shall be returned to the board of trustees of the district, who shall 
canvass the vote and cause the clerk of the district to issue a certificate' of 
election to the person or persons elected, designating their term, a copy 
of which must be forwarded to the county superintendent of schools. School 
trustees are hereby authorized to administer oaths to judges of election. 

History: Ap. p. Sec. 1780, Pol. C. 1895; 860, Eev. C. 1907; amd. Sec. 502, Cai. 76, 
amd. Sec. 11, p. 142, L. 1897; amd. Sec. L. 1913; re-en. Sec. 996, B. C. M. 1921. 

V5-1613. (997) Term of office— vacancy— oath of trustees. Trustees 
elected shall take office immediately after qualifying, and shall hold office 
for the term of three years except as elsewhere expressly provided herein, 
and until their successors are elected or appointed and qualified. 

303 



75-1614 ELECTION LAWS 

The clexk of the district shall, at the time of issuing certificate of elec- 
tion to a person elected as trustee, deliver to such person a blank oath of 
office. Every trustee shall file his oath of office with the county superin- 
tendent of schools within fifteen days of the receipt of the certificate of 
election and blank oath of office from the clerk. Any trustee failing to 
qualify as herein provided shall forfeit all rights to his office, and the 
county superintendent of schools shall appoint to fill the vacancy caused 
thereby. 

History: Ap. p. Sec. 1782, Pol. C. 1895; L. 1913; amd. Sec. 11, Ch. 196, L. 1919; 
amd. Sec. 13, p. 143, L. 1897; Sees. 862 and re-en. Sec. 997, R. C. M. 1921. 
1019, Rev. C. 1907; amd. Sec. 502, Ch. 76, 

75-1614. (998) Vacancy in school board. A vacancy in the office shall 
be filled by appointment by the county superintendent of schools; except 
that in districts of the first and second class, such appointment shall be 
made by a majority of the remaining members of said board, if those 
remaining constitute a majority of the total number of the board. The 
trustee so appointed shall hold office until the next annual election, at 
which election there shall be elected a school trustee for the unexpired 
term. When any vacancy occurs in the office of trustee of any school 
district by death, resignation, failure to elect at the proper time, removal 
from the district, or other cause, the fact of such vacancy shall be im- 
mediately certified by the clerk of the school district, to the county super- 
intendent, or to the remaining members of the board in districts of first 
or second class, and the county superintendent, or the remaining members 
of the board in districts of first or second class, shall immediately appoint 
in writing, some competent person, who shall qualify and serve until the 
next annual school election. The county superintendent or the board shall 
at the time notify the clerk of the school district of every such appointment; 
provided, that absence from the school district for sixty consecutive days, 
or failure to attend three consecutive meetings of the board of trustees 
without good excuse, shall constitute a vacancy in the office of trustee. 

History: Ap. p. Sec. 1782, PoL C. 1895; Ch. 76, L. 1913; amd. Sec. 11, Ch. 196, L. 
amd. Sec. 13, p. 143, L. 1897; Sees. 862 1919; re-en. Sec. 998, R. C. M. 1921; amd. 
and 1019, Rev. C. 1907; amd. Sec. 502, Sec. 1, Ch. 275, L. 1967. 

75-1615. (999) Trustees — how removed. Any school trustee may be 
removed from office by a court of competent jurisdiction by law for removal 
of elective civil officers; provided, however, that upon charges being pre- 
ferred and good cause shown, the board of county commissioners may 
suspend a trustee until such time as such charges can be heard in the 
court having jurisdiction thereof. 

History: En. Sec. 1982, Pol. C. 1895; 502, Oh. 76, L. 1913; re-en. Sec. 999, R. C. 
re-en. Sec. 1021, Rev. C. 1907; re-en. Sec. M. 1921. 



75-1616. (1000) Vacancy in office of clerk. Should the office of the 
clerk of the school district become vacant, the board of school trustees shall 
immediately fill such vacancy by appointment, and the chairman of the 

304 



SCHOOLS 75-1620 

board of school trustees shall immediately notify the county superintendent 

of such appointment. 

History: En. Sec. 1981, PoL 0. 1896; 502, Oh. 76, L. 1913; re-en. Sec. 1000, 
re-en. Sec. 1020, Eev. C. 1907; re-en. Sec. R. C. M. 1921. 

75-1617. (1001) Rearrangement of terms to prevent the election of a 
majority of the trustees. When at any annual school election the terms of 
a majority of the trustees regularly expire in districts of the first class, 
three trustees, in districts of the second class, two trustees, in districts of 
the third class, one trustee, shall be elected for three years, and the remain- 
ing trustee or trustees whose terms expire shall hold over for one or two 
years as may be necessary to prevent the terms of a majority of the board 
of trustees expiring in any one year; provided, that it shall be determined 
by lot what trustee shall hold over, and for what term. 

History: En. Sec. 502, Oil. 76, L. 1913; 
re-en. Sec. 1001, R. O. M. 1921. 

75-1618. (1002) Qualifications of electors. Every citizen of the United 
States of the age of twenty-one years or over who has resided in the state 
of Montana for one year, and thirty days in the school district next pre- 
ceding the election, and who is a registered voter, may vote thereat. 

History: En. Sec. 1777, Pol. 0. 1895; amd. Sec. 1, Oh. 83, L. 1939; amd. Sec. 1, 

amd. Sec. 8, p. 138, L. 1897; re-en. Sec. Oh. 65, L. 1941; amd. Sec. 1, Oh. 143, L. 

857, Rev. 0. 1907; amd. Sec. 502, Oh. 76, 1965. 
L. 1913; re-en. Sec. 1002, R. 0. M. 1921; 

75-1619. (1003) Challenges — oath of voters. Any person offering to 
vote may be challenged by any elector of the district, and the judges must 
thereupon administer to the person challenged an oath or afifirmation in sub- 
stance as follows : 

You do solemnly swear (or aflEirm), that you are a citizen of the United 
States; that you are twenty-one years of age; and that you have resided in 
the State one year, and in this school district thirty days next preceding 
his election, and that you have not voted this day, so help you God. 

If he takes this oath or affirmation, his vote must be received ; otherwise 

rejected. Any person who shall swear falsely before any such judge of 

election shall be guilty of perjury, and shall be punished accordingly. 

History: Ap. p. Sec. 1779, Pol. 0. 1895; L. 1913; re-en. Sec. 1003, R. 0. M. 192-1; 
amd. Sec. 10, p. 141, L. 1897; re-en. Sec. amd. Sec. 2, Oh. 83, L. 1939; amd. Sec. 2, 
859, Rev. 0. 1907; amd. Sec. 502, Ch. 76, Oh. 85, L. 1941. 

75-1620. (1004) 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 funds; or in the case of county high schools, out of the 
county high school general fund. In its discretion, the board of trustees 

305 



75-1631 ELECTION LAWS 

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. 

History: Ap. p. Sec. 14, p. 145, L. 1897; 502, Ch. 76, L. 1913; re-en. Sec. 1004 R C 
re-en. Sec. 866, Rev. C. 1907; amd. Sec. M. 1921; amd. Sec. 1, Ch. 104, L. 19&3. 

75-1631. (1014) Call of special election. The board of trustees shall 

have power to call a special election for the purpose of bonding the district 

for the erection and furni.shing buildings and purchase of school sites, and 

for permission to sell school property; provided, that in districts of the first 

and second classes boards of trustees shall have power to change or select 

school sites. 

History: En. Sec. 507, Ch. 76, L. 1913; 
re-en. Sec. 1014, R. 0. M. 1921. 

75-1632. (1015) Duties of trustees. Every school board unless other- 
wise specially provided by law shall have power and it shall be its dutv : 

1 to 7. • • • 

8. To purchase, acquire, sell and dispose of plots or parcels of land to 
be used as sites for schoolhouses, school dormitories and other school build- 
ings, and for other purposes in connection with the schools in the district; 
to build, purchase or otherwise acquire schoolhouses, school dormitories and 
other buildings necessary in the operation of schools of the district, and to 
sell and dispose of the same ; provided, that they shall not build or remove 
schoolhouses or dormitories, nor purchase, sell or locate school sites unless 
directed so to do by a majority of the electors of the district voting at 
an election held in the district for that purpose, and such election shall be 
conducted and votes canvassed in the same manner as at the annual election 
of school officers, and notice thereof shall be given by the clerk by posting 
three (3) notices in three (3) public places in the district at least ten (10) 
days prior to such election, which notices shall specify the time, place, and 
purpose of such election. Provided, further, that this subdivision shall not 
be so construed as to prevent the board of trustees from purcliasing one (1) 
or more options for a school site. 



9 to 24. 



• • * 



History: Enacted as Sec. 508, Ch. 76, Ch. 61, L. 1917; re-en. Sec. 1015, R. C. M. 

L. 1913; Subds. 1-10 were amended by Sec. 1921; amd. Sec. 1, Ch. 122, L. 1923; amd. 

1, Ch, 61, L. 1917; Subd. 11 amd. by Sec. Sec. 1, Ch. 122, L. 1931; amd. Sec. 1, Ch. 

1, Ch. 61, L. 1917, and Sec. 13, Ch. 196, 165, L. 1937; amd. Sec. 1, Ch. 103, L. 

L. 1919; Subds. 12-13-14 re-en. Sec. 1, Ch. 1943; amd. Sec. 3, Ch. 207, L. 1951; amd. 

61, L. 1917; Subd. 15 was amd. by Sec. 1, Sec. 1, Ch. 233, L. 1953; amd. Sec. 1, Ch. 

Ch. 61, L. 1917, and by Sec. 2, Ch. 81, L. 228, L. 1955; amd. Sec. 1, Ch. 168, L. 1959; 

1917; Subds. 16-17-18 re-en. Sec. 1, Ch. 61, amd. Sec. 1, Ch, 105, L. 1961; amd. Sec. 

L. 1917; Subds. 19-20-21-22 re-en. Sec. 1, 1, Ch. 76, L. 1963; amd. Sec. 1, Ch. 175, 

L. 1963. 

CHAPTER 17 

BUDGET SYSTEM 
Section 75-1723. Fixing tax levy. 

75-1723. (1019.19) Fixing tax levy. The county superintendent of 
schools, as clerk of the school budget board, shall, when the board of 

306 



SCHOOLS 75-1723 

county commissioners meet on the second Monday in Aujrust for the purpose 
of fixing tax levies, lay before sucli 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 elementary and high school of the district from July 1 to November 
30 of the next succeeding year; 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 maximum budgets set 
forth in section 75-1713.1, R.C.M. 1947. 

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 whenever 
a nonoperating district did not have a nonoperating fund the preceding 
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 nonoper- 
ating fund cash balance ; provided, further, that any district which op- 
erated at least one (1) school in the year immediately preceding the 
budget year may retain separately any cash balance previously designated 
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 essential 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 remainder 
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. 

History: En. Sec. 19, Ch,. 146, L. 1931; L. 1953; amd. Sec. 1, Ch. 247, L. 1961; 
amd. Sec. 10, Ch. 199, L. 1949; amd. Sec. amd. Sec. 2, Ch. 182, L. 1963; amd. Sec. 
2, Ch. 208, L. 1961; amd. Sec. 1, Ch. 247, 2, Ch. 267, L. 1963. 



307 



75-1802 ELECTION LAWS 

CHAPTER 18 
SCHOOL DISTRICTS 

Section 75-1802. Clasaifications of districts — number of trustees. 

75-1813. Consolidated districts — procedure in event of consolidation — annexa- 
tion — bonded debts. 
75-1813.1. Consolidated districts in two or more counties. 
75-1818. Dissolution of joint school districts. 

75-1802. (1021) Classiflcations of districts— number of trustees. All 
districts 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 districts 
of the second class, and all districts having a population of less than one 
thousand (1000) shall be districts of the third class. In districts of the 
first class the number of trustees shall be seven (7) ; in districts 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 super- 
intendent may compute the population by multiplying by three the num- 
ber 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. 

History: En. Sec. 401, Ch. 76, L. 1913; 
re-en. Sec. 1021, B. C. M. 1921; amd. Sec. 
1, Ch. 85, L. 1943; amd. Sec. 1, Ch. 203, 
I*. 1963. 

75-1813. (1034) Consolidated districts — procedure in event of con- 
solidation — annexation — bonded debts. Any two or more school districts 
lying in one county may be consolidated, either by the formation of a 
district by consolidation, or by the annexation of one or more districts 
to an existing district, as hereinafter provided. When school districts plan 
to proceed under the provisions of this section, they must, jointly, es- 
tablish whether .such consolidation proposal shall be made with or with- 
out assumption of bonded indebtedness. Dependent upon such joint 
decision, one of the two following options shall be used : 

A. Option A — When two or more school districts lying in one coun- 
ty wish to consolidate and assume each other's bonded indebtedness, 
or when one or more school districts in one county wish to annex their 
territory to an existing district and assume its bonded indebtedness, 
option A shall be used. 

308 



SCHOOLS 75-1813 

B. Option B — When two or more school districts wish to consolidate 
and not assume each other's bonded indebtedness, or when one or more 
school districts in one county wish to annex their territory to an existing 
district and not assume its bonded indebtedness, option B shall be used. 

OPTION A 

When severally the boards of trustees of two (2) or more school 
districts, in regular meeting called for the publicly announced purpose 
of considering plans for consolidation of said two (2) or more districts 
and by majority vote of each board of trustees acting separately shall 
ask for district consolidation of each and all such petitioning boards, 
the county superintendent of schools having jurisdiction of such districts, 
within not less than twenty (20) nor more than thirty (30) days, shall 
cause notice of election to be given by the clerk in each district seeking 
election on such proposed consolidation of districts. Such notice is to 
be posted in three (3) public places in each such district and published 
in a newspaper published in the county and having general circulation 
in the school districts, giving the time and place or places specified in 
each notice to vote on the question of consolidation with assumption of 
bonded indebtedness. 

Consolidation of any two (2) or more school districts lying in one 
county may also be effected by the people of the districts concerned 
whenever a petition shall be directed to and received by the county 
superintendent of schools, and shall in each such district seeking con- 
solidation be signed by not fewer than twenty per cent (20%) of the 
qualified electors in such district. The county superintendent shall within 
not less than twenty (20), nor more than thirty (30) days, cause notice 
to be given as provided in the next preceding paragraph. 

The votes at such election shall be by ballot, which shall read "For 
consolidation with assumption of bonded indebtedness" or "Against con- 
solidation with assumption of bonded indebtedness." At such election 
those qualified electors whose names appear upon the last preceding 
completed assessment roll shall be furnished ballots printed upon white 
paper and all other qualified electors shall be furnished ballots printed 
upon paper distinctly yellow in color. Separate ballot boxes shall be 
used for the receipt of voted ballots so that the white ballots will be 
segregated from the yellow ballots. The judge or judges at such elec- 
tion shall, within ten (10) days thereafter, certify the result of the vote 
to the county superintendent of the county in which the district lies. 

If both the majority of the total votes cast in each district holding 
such election be for consolidation, and the majority of the votes cast 
by those qualified electors whose names appear upon the last preceding 
completed assessment roll in each district holding such election be for 
consolidation, provided that at least a percentage of such electors in each 
district, equal to the percentage required in section 75-3914, R. C. M. 
1947, for approval of a bond issue, have voted, it carries, and the 
superintendent, within ten (10) days thereafter, shall make a proper 
order to give effect to such vote, and shall thereafter transmit a copy 

309 



75-1813 ELECTION LAWS 

thereof to the county clerk and recorder and to the clerk of each district 
affected. If the order be for the formation of a new district, it shall 
specify the number of such district, and the county superintendent shall 
appoint trustees and designate the terms of office to be served by each until 
subsequent school elections shall determine their successors. 

At the regular election succeeding there shall be elected by the reg- 
ularly qualified electors the number of trustees required to replace those 
whose terms are expiring. The election of trustees and terms shall be the 
same as for other districts under the general school laws. 

When, in the interest of reducing cost of operation or improving the 
school service for pupils, a board of trustees of a third class district 
seeking to annex its territory to a third class district or districts main- 
taining a high school, a second class district or districts, or a first class 
district or districts or any combination thereof; a board of trustees of a 
third class district maintaining a high school seeking to annex its terri- 
tory to a second class district or districts or a first class district or dis- 
tricts or any combination thereof; or the board of trustees of a second 
class district seeking to annex its territory to a first class district or 
districts, shall by majority vote of its members or at the request of twenty 
per cent (20%) of the qualified electors of the districts indicated by a 
petition, ask the county superintendent of schools to annex the territory 
and property of such district to any district or districts as herein pro- 
vided. As the board resolution or petition requests, the county superin- 
tendent shall, upon an approving vote of the trustees of the district or 
districts with which the annexation is sought, authorize an election in 
the petitioning district on such annexation within not less than twenty 
(20) nor more than thirty (30) days. Notice of such election shall be 
given in the same manner and the same general plan for balloting shall 
be utilized on the question of district annexation by the electors of the 
petitioning district that is authorized herein for district consolidation. 

The ballot shall in this case be "For annexation with assumption of 
bonded indebtedness" and "Against annexation with assumption of bond- 
ed indebtedness." Should the action of the boards of trustees approving 
the plan of annexation be approved by majority vote of electors of 
the district or districts seeking election on the issue and by majority 
vote of the electors of the district or districts seeking election on the 
issue whose names appear upon the last completed assessment roll, pro- 
vided that at least a percentage of such electors in each district, equal 
to the percentage required in section 75-3914, R. C. M. 1947, for approval 
of a bond issue, have voted, then the consolidation sought shall be effect- 
ed by order of the county superintendent of schools within ten (10) days 
after such election. In the event of a disapproving vote by majority 
of votes cast by all the electors or by the electors whose names appear 
on the last preceding completed assessment roll or if the percentage of 
the electors whose names appear upon the last preceding completed as- 
sessment roll and who vote in either of such voting districts is less 
than the percentage required in section 75-3914 for approval of a bond 
issue, the proposed annexation shall fail. 

310 



SCHOOLS 75-1813 

In case of annexation of any district to any existin*? district or districts, 
as herein provided, the proper officers of the annexed districts, within 
ten (10) days from the receipt of a copy of the annexation order, shall 
turn over to the proper officers of the district or districts to which it is 
annexed, all records, funds, and etfects of such annexed district. When a 
district is proportionately annexed, as provided herein, section 75-1808, 
Revised Codes of Montana, 1947, controls. In case of the formation of a 
district by consolidation the proper officers of the discontinued district 
or districts in like manner, within ten (10) days after the organization 
of the district by consolidation, shall turn over the records, funds, and 
effects of such old district to the proper officers of the district created 
by consolidation. 

In case of creation of a district by annexation, the title to school- 
houses and sites of the petitioning district shall vest in the receiving 
district or districts in which the schoolhouses and sites are located. The 
officers of the receiving district or districts shall continue to hold office 
until the end of the terms for which they were duly elected and their 
successors shall be regularly elected as provided by law. 

School districts created by consolidation or annexation shall be gov- 
erned by the general school laws of the state. 

Bonded indebtedness of any district resulting from merger by con- 
solidation or annexation shall become the indebtedness and obligation of 
the consolidated district and be paid by levies imposed upon property 
therein, provided that when a third class district is proportionately annexed 
to any number of first or second class districts, as herein provided, the 
bonded indebtedness, if any, of such third class district shall become the 
bonded indebtedness of such first or second class districts in the same 
proportions as the taxable valuation of each annexed portion bears to 
the total taxable valuation of such third class district. 

OPTION B 

When severally the boards of trustees of two (2) or more school 
districts, in regular meeting called for the publicly announced purpose 
of considering plans for consolidation of said two (2) or more districts 
and by majority vote of each board of trustees acting separately shall 
ask for district consolidation of each and all such petitioning boards, 
the county superintendent of schools having jurisdiction of such districts, 
within not less than twenty (20) nor more than thirty (30) days, shall 
cause notice of election to be given by the clerk in each district seek- 
ing election on such proposed consolidation of districts. Such notice 
is to be posted in three (3) public places in each such district and pub- 
lished in a newspaper published in the county and having general cir- 
culation in the school districts, giving the time and place or places spec- 
ified in each notice to vote on the question of consolidation without 
assumption of bonded indebtedness. 

Consolidation of any two (2) or more school districts lying in one 
county may also be effected by the people of the districts concerned 
whenever a petition shall be directed to and received by the county 

311 



75-1813 ELECTION LAWS 

superintendent of schools, and shall in each such district seeking con- 
solidation be signed by not fewer than twenty per cent (20%) of the 
qualified electors in such district. The county superintendent shall within 
not less than twenty (20), nor more than thirty (30) days, cause notice 
to be given as provided in the next preceding paragraph. 

The votes at such election shall be by ballot, which shall read "For 
consolidation without assumption of bonded indebtedness" or "Against 
consolidation without assumption of bonded indebtedness." The judge 
or judges at such election shall, within ten (10) days thereafter, certify 
the result of the vote to the county superintendent of the county in 
which the district lies. 

If the majority of the votes cast in each district holding such 
election be for consolidation, it carries, and the superintendent, within 
ten (10) days thereafter, shall make a proper order to give effect to such 
vote, and shall thereafter transmit a copy thereof to the county clerk 
and recorder and to the clerk of each district affected. If the order be 
for the formation of a new district, it shall specify the number of such dis- 
trict, and the county superintendent shall appoint trustees and desig- 
nate the terms of ofiSce to be served by each until subsequent school 
elections shall determine their successors. 

At the regular election succeeding there shall be elected by the 
regularly qualified electors the number of trustees required to replace 
those whose terms are expiring. The election of trustees and terms shall 
be the same as for other districts under the general school laws. 

When, in the interest of reducing costs of operation or improving 
the school service for pupils, a board of trustees of a third class dis- 
trict seeking to annex its territory to a third class district or districts 
maintaining a high school, a second class district or districts, or a first 
class district or districts or any combination thereof; a board of trustees 
of a third class district maintaining a high school seeking to annex its 
territory to a second class district or districts or a first class district 
or districts or any combination thereof; or the board of trustees of a 
second class district seeking to annex its territory to a first class dis- 
trict or districts, shall by majority vote of its members or at the request 
of twenty per cent (20%) of the qualified electors of the districts in- 
dicated by a petition, ask the county superintendent of schools to annex 
the territory and property of such district to any district or districts 
as herein provided. As the board resolution or petition requests, the 
county superintendent shall, upon an approving vote of the trustees of the 
district or districts with which the annexation is sought, authorize an 
election in the petitioning district on such annexation within not less 
than twenty (20) nor more than thirty (30) days. Notice of such elec- 
tion shall be given in the same manner and the same general plan for 
balloting shall be utilized on the question of district annexation by 
the electors of the petitioning district that is authorized herein for dis- 
trict consolidation. 

The ballot shall in this case be "For annexation without assumption 
of bonded indebtedness" and "Against annexation without assumption of 

312 



SCHOOLS 75-1813.1 

bonded indebtedness." Should the action of the boards of trustees ap- 
proving the plan of annexation be approved by majority vote of elec- 
tors of the district seeking annexation then the annexation sought shall 
be effected by order of the county superintendent of schools within ten 
(10) days after such election. In the event of a disapproving vote by 
majority of votes cast the proposed annexation shall fail. 

In case of annexation of any district to any existing district or 
districts, as herein provided, the proper officers of the annexed dis- 
tricts, within ten (10) days from the receipt of a copy of the annexa- 
tion order, shall turn over to the proper officers of the district or dis- 
tricts to which it is annexed, all records, funds, and effects of such 
annexed district. When a district is proportionately annexed, as provid- 
ed herein, section 75-1808, R. C. M. 1947, controls. In case of the for- 
mation of a district by consolidation the proper officers of the discon- 
tinued district or districts in like manner, within ten (10) days after 
the organization of the district by consolidation, shall turn over the 
records, funds, and effects of such old district to the proper officers of 
the district created by consolidation. 

In case of creation of a district by annexation, the title to school- 
houses and sites of the petitioning district shall vest in the receiving 
district or districts in which the sehoolhouses and sites are located. The 
officers of the receiving district or districts shall continue to hold office 
until the end of the terms for which they were duly elected and their 
successors shall be regularly elected as provided by law. 

School districts created by consolidation or annexation shall be gov- 
erned by the general school laws of the state. 

Bonded indebtedness of any district resulting from merger by con- 
solidation, or annexation shall remain the indebtedness and obligation of 
the district which originally incurred such bonded indebtedness and be 
paid by levies imposed upon property therein. 

History: En. Sec. 407, Ch. 76, L. 1913; 
re-en. Sec, 1034, R. C. M. 1921; £umd. Sec, 
1, Ch, 201, L. 1943; amd. Sec. 1, Ch. 32, L. 
1951; amd. Sec, 1, Ch. 23, L. 1953; amd. 
Sec. 1, Ch, 205, L. 1965; amd. Sec. 2, Ch, 
271, L. 1967; amd. Sec. 1, Ch. 364, L. 1969. 
Cal. Pol. C. Sec. 1577. 

75-1813.1, Consolidated districts in two or more counties. (1) Any 

two or more school districts that are adjacent and contiguous lying in 
two (2) or more counties may be consolidated, either by the formation 
of a new district or by the annexation of one or more districts to an existing 
district, as hereinafter provided. 

When severally the boards of trustees of two (2) or more school dis- 
tricts, in regular meeting called for the publicly announced purpose of 
considering plans for consolidation of said two (2) or more districts and 
by majority vote of each board of trustees acting separately shall ask for 
district consolidation of each and all such petitioning boards, the super- 
intendents of each county affected having jurisdiction of such districts, 
within not less than twenty (20) nor more than thirty (30) days, shall 

313 



75-1818 ELECTION LAWS 

cause a ten (10) days' posted notice to be given by the clerk in each 
district seeking election on such proposed consolidation of districts. Such 
notice is to be posted in three (3) public places in each such district and 
in one (1) or more newspapers of the district or county, if there be such, 
giving the time and place or places specified in each notice to vote on the 
question of consolidation. 

Consolidation of any two (2) or more school districts that are adjacent 
and contiguous lying in two (2) or more counties may also be effected 
by the people of the districts concerned whenever a petition shall be di- 
rected to and received by the county superintendents of schools of each 
county affected, and shall in each such district seeking consolidation be 
signed by no fewer than twenty per cent (20%) of the qualified electors in 
such district. The county superintendents shall within not less than twenty 
(20) nor more than thirty (30) days, cause a ten (10) days' posted notice 
to be given by the clerk in each district seeking election on such proposed 
consolidation of districts. Such notice is to be posted in three (3) public 
places in each such district, and in one (1) or more newspapers of the 
district or county, if there be such, giving the time and place or places 
specified in each notice to vote on the question of consolidation. 

(2) The votes at such election shall be by ballot, which shall read 
"For consolidation" or "Against consolidation." The presiding officer at 
such election shall, within ten (10) days thereafter, certify the result of 
the vote to the county superintendents of the counties affected in which 
the district lies. 

(3) If the majority of the votes cast in each district holding such 
election be for consolidation, it carries, and the superintendents of each 
county affected, within ten (10) days thereafter, shall in concurrent action 
make proper orders to give effect to such vote, and shall thereafter transmit 
a copy thereof to the county clerk and recorder of each county affected 
and to the clerk of each district affected. If the order be for the formation 
of a new district, it shall specify the name and number of such district, 
and county superintendents of the counties affected in concurrent action 
shall appoint three (3) trustees to serve until the first Saturday in April 
succeeding. 

(4) At the regular election succeeding there shall be elected by the 
regularly qualified electors three (3) trustees, one (1) of whom shall serve 
for one (1) year, one (1) for two (2) years, and one (1) for three (3) 
years. The election of trustees and terms shall be the same as for other 
districts under the general school laws. 

(5) Consolidated school districts shall be governed by the general 
school laws of the state. 

(6) Bonded indebtedness of any district merged by consolidation shall 
remain the indebtedness and obligation of the district which originally 
incurred such bonded indebtedness and be paid by levies imposed upon 
property therein. 

History: En. Sec. 1, Oh. 141, L. 1965. 

75-1818. (1037.1) Dissolution of joint school districts. A joint school 
district may be dissolved in the following manner: 

314 



SCHOOLS 75-3109 

Whenever the majority of the qualified electors residing in that portion 
of a joint district situated in one county presents a petition to the county 
superintendent of schools of the same county praying for a dissolution of 
the district and setting forth briefly the reason therefor, such county 
superintendent shall immediately give notice thereof to alt other county 
superintendents of counties contributing territory to the joint district, 
and shall within twenty (20) days from the date of the receipt of such 
petition call an election and fix a date for the holding of same, and 
shall notify the clerk of the district to post three notices in the territory of 
each county composing the district. Notices must be posted in the most 
conspicuous places in the territory and must be posted at least fifteen 
days preceding the election. Such notices must specify the purpose and 
the date and hour when the polls will be opened and the place at which 
the election will be held. Separate elections must be held in each portion 
of the district lying in different counties on the same date and hour and 
be conducted in the same manner as general school elections. Each county 
superintendent of schools must appoint three judges of election for the 
territory in his or her county and the result of the election must be certified 
by the judges to their respective county superintendents. The county super- 
intendents shall meet within five days after the election and determine the 
total vote cast throughout the district. If a majority of all votes cast iu 
the district are for dissolution, the district must be dissolved ; or in the 
event that two-thirds (2/3) of the votes cast in the territory of any county 
favor dissolution the district may be dissolved as to such territory; pro- 
vided both superintendents of the counties affected are agreed that such 
dissolution will not entail an undue hardship to either part of such joint 
district, and that there is no good and sufficient reason why such dissolu- 
tion should not be made. In case of the failure of a two-thirds (2/3) major- 
ity in any portion of the district, as herein provided, or a failure of the 
majority of the entire district to vote for dissolution, the district shall not 
be dissolved and no election thereon can be held within three (3) years 
thereafter. If dissolution carries it shall take effect at the end of the 
current school year. 
History: En. Sec. 1, Ch. 116, L. 1927. 



CHAPTER 31 
SCHOOLHOUSE SITES AND CONSTRUCTION 

Section 75-3109. Agreements authorized for joint interstate school facilities. 

75-3110. Form of agreement — approval by superintendent of public instruc- 
tion required. 
75-3111. Election on interstate agreement — form of ballot. 

75-3109. Agreement authorized for joint interstate school facilities. 

The board of trustees of any school district with boundaries adjoining 
another state may enter into an agreement and contract with a school 
district in such adjoining state to provide for the joint erection, operation 
and maintenance of school facilities for both districts upon such terms and 

315 



75-3110 ELECTION LAWS 

conditions as may be mutually agreed upon between such districts in ac- 
cordance with the provisions of this act. 

History: En. Sec. 1, Ch, 240, L. 1965. 

75-3110. Form of agreement — approval by superintendent of public 
instruction required. An agreement proposed for adoption by a school board 
under this act shall be in the form and contain such terms as may be 
prescribed by the superintendent of public instruction and no agreement 
shall be submitted to a vote of the people under this act unless it has first 
been approved in writing by the superintendent of public instruction. 

History: En. Sec. 2, Ch. 240, L. 1965. 

75-3111. Election on interstate agreement — form of ballot. An ap- 
proved agreement shall be submitted to the electorate of the school district 
at a special election called for that purpose or at a regular election for 
school trustees. The question on the ballot at said election shall be in sub- 
stantially the following form. 

"Shall the proposed agreement between this school district and school 

district number of county, state of , 

be executed?" 
No agreement made pursuant to this act shall be valid until it has been 
approved by the electors of the district in the manner herein provided. 

History: En. Sec. 3, Ch. 240, L. 1965. 



CHAPTER 34 

TRANSPORTATION OF PUPILS 

Section 75-3403. School board may operate buses or contract for transportation of 
pupils — school board may set up depreciation reserve for purchase 
of replacement buses and two-way radios for school bus or buses. 

75-3403. School board may operate buses or contract for transporta- 
tion of pupils — school board may set up depreciation reserve for purchase 
of replacement buses and two-way radios for school bus or buses. The 

board of trustees shall have the power to purchase, or rent and provide for 
the upkeep, care, operation, maintenance, insurance, for two-way radios 
and for school buses; or to contract and pay for the transportation of 
eligible pupils, such contracts to run for terms not to exceed five (5) 
years; and provided further, that each district owning a school bus or 
buses may levy a sufficient number of mills to create a reserve of not to 
exceed twenty per cent (20%) per year of the original cost of the bus 
or buses for which the reserve is created; said fund to be kept separate 
and apart from all other funds, and to be used only for the purchase of 
the bus or buses needed to replace the bus or buses and two-way radios 
for which said reserve was created, unless authorized by a majority of the 
votes cast by the qualified electors of the district at an election called for 
that purpose. Provided, however, that school district trustees may authorize 
as standard equipment, the installation of two-way radios in a school bus 

316 



SCHOOLS 75-3801 

or buses operating in school districts where weather and road conditions 

may constitute a hazard to the safety of the school pupil passengers. The 

two-way radios may be operated on the same frequency as that used by 

the Montana highway patrol and the sheriff of the county, with their 

permission and the permission of the federal communications commission 

wherein said school bus or buses operate, or any frequency assigned for such 

operation by the commission. 

History: En. Sec. 3, Ch. 162, L. 1941; Ch. 52, L. 1955; amd. Spc. 1, Ch. 202, L. 
amd. Sec. 1, Ch. 163, L. 1951; amd. Sec. 1, 1957; amd. Sec. 1, Ch.. 74, L. 1965. 

CHAPTER 37 

FINANCE 

Section 75-3717. Building and furnishing fund. 
75-3719. Transfer of funds — election. 

75-3717. (1208) Building and furnishing fund. The county treasurers 
of the several counties of this state shall transfer all moneys so paid into 
said treasury as provided for in the preceding section or that may now 
be in such treasury, derived from said source, to the school fund of the 
school district in which said town is situated, which shall be paid out on the 
order of the school trustees of such district as provided for in section 
75-3718; and which said moneys shall be by said treasurer set apart as 
a special fund for the purpose of building and furnishing schoolhouses, and 
shall be used for such purpose alone, unless otherwise ordered, as provided 
for in this chapter. 

History: En. Sec. 1945, 5th Div, Comp. 2007, Oh. 76, L. 1913; r»^n. Sec. 1208, 
Stat. 1887; re-en. Sec. 1946, Pol. C. 1895; R. C. M. 1921. 
re-en. Sec. 1000, Rev. C. 1907; amd. Sec. 

75-3719. (1210) Transfer of funds — election. Said fund may be used 

for general school purposes, if a majority of the qualified electors of such 

district shall so elect, upon such question being duly submitted to them 

at any regular or special election therefor. 

History: Ap. p. Sec. 1947, 5th Div. Sec. 2009, Ch. 76, L. 1913; re-en. Sec. 1210, 
Comp. Stat. 1887; re-en. Sec. 1948, Pol. C. R. C. M. 1921. 
1895; re-en. Sec. 1002, Rev. C. 1907; amd. 



CHAPTER 38 
EXTRA TAXATION FOR SCHOOL PURPOSES 

Section 75-3801. District school taxes — election. 

75-3802. Notice of election. 

75-3803. Purposes of levy to be submitted — use of funds. 

75-3804. Form and marking of ballot — conduct of election. 

75-3805. Challenging voters — oath of elector — false swearing. 

75-3806. Building reserve fund — election. 

75-3801. (1219) 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 

317 



75-3801 ELECTION LAWS 

budgets as specified in section 75-] 713.1, for the purpose of maintaining 
the schools of said district, or building, altering, repairing or enlarging 
any schoolhouse 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 herein- 
before provided for, and it shall submit the question 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 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 
furnishing 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 question 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 assess- 
ment roll of the county for state, county and school taxes, either at 
the regular annual election held in said district or at a special elec- 
tion called for that purpose by the board of trustees of said district. 
In the case of the county high school the board shall submit the ques- 
tion of an additional levy to raise said amount to the qualified elec- 
tors 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 
in 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 
election shall be called by resolution in the same manner as provided 
for other school elections, and shall be held prior to August first; and 
provided, 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). 

318 



SCHOOLS 75-3804 

History: En. Sec. 1, Ch. 93, L. 1917; amd. Sec. 1, Ch. 210, L. 1951; amd. Sec. 

re-en. Sec. 1219, R. C. M. 1921; amd. Sec. 2, Ch. 247, L. 1953; amd. Sec. 12, Ch. 

1, Ch. 120, L. 1925; amd. Sec. 1, Ch. 144, 267, L. 1963; amd. Sec. 1, Ch. 140, L. 
L. 1935; amd. Sec. 12, Ch. 199, L. 1949; 1967; amd. Sec. 1, Ch. 168, L. 1969. 

75-3802. (1220) Notice of election. Where the question of making 

such additional levy is so submitted, notice thereof shall be given by posting 

the same at each schoolhouse in said district, at least ten days before such 

election, or by publication thereof for a like period before such election in 

each newspaper published in said district, or by both such notice and 

publication. 

History: En. Sec. 2, Ch. 93, L. 1917; 
re-en. Sec. 1220, R. C. M. 1921. 

75-3803. (1221) Purposes of levy to be submitted — use of funds. In 

submitting such question there shall be specified the amount to be raised by 
such additional tax levy and the approximate number of mills required to 
raise such amount and the purpose for which the same is to be expended 
and if authorized the money raised by such additional tax levy shall be used 
for that specified purpose only; provided, that if any balance remains on 
hand after the purpose for which said levy was made has been accom- 
plished, said balance may, by the vote of the trustees of said district, be 
transferred to any other fund of such district. 

History: En. Sec. 3, Ch. 93, L. 1917; 
re-en. Sec. 1221, R. C. M. 1921; amd, Sec. 

2, Ch. 144, L. 1935. 

75-3804. (1222) Form and marking of ballot — conduct of election. 

The ballot furnished electors at said election shall have printed thereon 
the following: "Shall a levy be made in addition to the levies authorized 
by law in such number of mills as may be necessary to raise the sum 
of (state the amount to be raised by additional tax levy) for the purpose 
of (insert the purpose for which the additional tax levy is made)?" 

□ For an additional levy to raise the sum of (state the amount to be 

raised by additional tax levy), and being approximately (give num- 
ber) mills. 

□ Against an additional tax levy to raise the sum of (state amount to be 

raised by additional tax levy), and being approximately (give num- 
ber) mills. 
The voters shall mark the ballots in the same manner as ballots are 
marked under the election laws of this state. The election shall be held, 
votes canvassed and returns made as in other school elections. If the 
majority voting on the question are in favor of such additional levy, the 
board of trustees of said school district shall so certify to the board of 
county commissioners of the county in which said school district is situ- 
ated the amount authorized by such election to be raised by such addi- 
tional levy and such board of county commissioners shall make such 
additional levy in such number of mills as will raise such amount in the 
same manner that the levy for special taxes in said district is made. 

History: En. Sec. 4, Ch. 93, L. 1917; 3, Oh. 144, L. 1936; am<L Sec. 1, Ch. 281, 
re-en. Sec. 1222, B. C. If. 1921; amd. Sec L. 1959. 

319 



75-3805 ELECTION LAWS 

75-3805. (1223) Challenging voters — oath of elector — false swearing. 

Any person offering to vote may be challenged by any elector of the district, 

and the judges must thereupon administer to the person challenged an oath 

or affirmation, in substance as follows: 

"You do solemnly swear (or affirm) that you are a citizen of the United 

States ; that you are twenty-one years of age ; that you have resided in this 

State one year and in this school district thirty days next preceding this 

election ; that you are a taxpayer on the last assessment roll from this 

school district ; and that you have not voted this day. So help you God." 

Said oath shall be reduced to writing and signed by the person challenged 

and sworn to before one of the judges of election. Said oath or affirmation 

shall be returned with the ballots cast at such election. If the voter takes 

oath or affirmation, his vote must be received ; otherwise, it will be rejected. 

Any person who shall swear falsely before any such judge of election shall 

be guilty of perjury, and shall be punished accordingly. 

History: En. Sec. 5, Ch. 93, L. 1917; 2, Ch. 120, L. 1925; ajnd. Sec. 1, Oh. 31, 
re-en. Sec. 1223, R. C. M. 1921; amd. Sec. L. 1941. 

75-3806. Building reserve fund — election. (1) The board of trustees 
of any school district may, whenever a majority thereof so decide, submit 
to the electors of the district the question whether the board shall be 
authorized to create a building reserve fund of a certain amount, to be 
raised within a specified number of years, for the purpose of the erection, 
equipping or enlargement of school buildings, teacherages, garages, or 
other buildings needed for school purposes. The reserve fund shall not 
exceed five (5) per cent of the value of the taxable property in the district. 
If created, the fund shall be held by the county treasurer and by him 
credited to the school district creating same, to be used for the purposes 
specified in this section and not for any other purpose. Whenever the 
county has under its control any moneys credited to the fund from taxa- 
tion or from the sale of bonds by a school district for a building reserve 
fund for which there is no immediate demand, which in the judgment of 
the governing body of the school district it would be advantageous to 
invest in any interest-bearing deposits in a state or national bank insured 
by the F.D.I.C, or obligations of the United States of America, either 
short-term or long-term, such governing body may in its discretion direct 
the county treasurer to make such investments. Interest earned from such 
investments, except interest on the sale of bonds accrued in the period 
between the date of issue and the time of purchase which must be 
credited to the sinking fund, may be credited to the sinking fund of the 
school district or to the fund from which the money was withdrawn. 
The trustees may authorize expenditures from interest earned, except 
as provided above, for furnishing and equipping the buildings for which 
the bonds were sold. 

(2) The election shall be held in the manner prescribed for election 
on the issuance of school bonds, except that the ballots must contain the 
words "building reserve fund, yes" and "building reserve fund, no." If the 
majority of the votes at the election are "building reserve fund, yes," the 

320 



SCHOOLS 75-3908 

clerk of the district shall immediately notify the board of county com- 
missioners and the county treasurer, and the board of county commissioners 
shall thereafter levy annually the tax necessary to raise the funds for the 
number of years specified. The funds shall be kept in the custody of the 
county treasurer until sufficient funds have been raised to commence the 
building contemplated by the school district. 

(3) At any time after the raising of a building reserve fund has been 
commenced by any school district, the board of school trustees may submit 
to the electors of the district, as provided by law, the question whether 
the board shall be authorized to issue bonds of the district for the balance 
of the building reserve fund. If both reserve funds and bond funds are 
needed for the purposes authorized herein, the reserve funds must be used 
prior to using funds for the issuance and sale of bonds. If the bonds are 
authorized, the annual building reserve fund levy shall be discontinued by 
the board of county commissioners when the levy is commenced for payment 
of the bonds. 

History: En. Sec. 1, Ch. 85, L, 1967; 
amd. Sec, 3, Ch. 268, L. 1969. 



CHAPTER 39 
BONDS 

Section 75-3908. Petition and election required for bond issues for other purposes. 
75-3909. Form, contents and proof of petition. 
75-3910, Meeting of board of trustees to consider petition and calling of 

election — notice of election — form. 
75-3911. Preparation of ballots — form. 

75-3912. Who entitled to vote — list of electors and precinct registers. 
75-3913. Conduct of election — voting by absent electors. 
75-3914. Percentage of electors required to authorize bond issue. 
75-3915. Meeting of board of trustees to canvass election returns — resolution 

for bond issue. 
75-3916. Form of notice of sale of bonds. 
75-3937. Signers required on petition for bond elections in school districts, 

cities and towns and counties. 
75-3938. Qualification of voters. 

75-3908. (1224.8) Petition and election required for bond issues for 
other purposes. School district bonds for any other purpose than those 
stated in sections 75-3906 and 75-3907, shall not be issued unless author- 
ized at a duly called election at which the question of issuing such bonds 
was submitted to the electors of the school district; and no such election 
shall be called unless proceedings have been commenced by resolution upon 
the part of the board of trustees of the school district of its own motion and 
without any petition being filed therefor or unless there has been presented 
to the board of trustees a petition asking that such election be held and 
such question be submitted, signed by not less than twenty per centum 
(20%) of the qualified registered electors residing within the school district, 
who are taxpayers upon property therein and whose names appear on 
the last completed assessment roll for state, county and school district taxes. 

History: En, Sec, 8, Ch, 147, L, 1927; 
amd. Sec. 1, Ch. 54, L. 1967. 

321 



75-3909 ELECTION LAWS 

75-3909. (1224.9) Form, contents and proof of petition. The petition 
for the calling of an election to vote upon the question of issuing school dis- 
trict bonds shall plainly state the purpose of the proposed bond issue and 
shall estimate the amount of bonds necessary to be issued for such purpose 
or purposes. AVhen the bonds sought to be issued are for two or more pur- 
poses, the amount to be issued for each single purpose shall be separately 
estimated in the petition. It may be in the form of one single petition or 
consist of more than one petition, all being identical in form and fastened 
together, after being circulated and signed, so as to form one petition before 
being delivered to the county clerk as hereinafter provided. The school 
district clerk or any one or more qualified electors of the school district 
may circulate the petition or petitions, and the clerk or each elector cir- 
culating such petition shall subscribe or attach to each of the petitions, 
circulated by him, an affidavit to the effect that the signatures are genuine 
and that the signers knew the contents thereof at the time of signing the 
same. The completed petition, before being presented to the board of school 
trustees, shall be delivered to the county clerk and recorder of the county 
in which the school district is situated, who shall examine the same and 
shall endorse thereon or attach thereto his certificate, which certificate 
shall set forth : 

(a) The total number of persons who are registered electors and tax- 
payers upon property within the school district whose names appear on the 
last completed assessment roll for state, county and school district taxes. 

(b) Which and how many of the persons whose names are subscribed 
to the petition are possessed of all of these qualifications. 

(c) Whether such qualified signers constitute more or less than twenty 
per centum (20%) of such registered electors and taxpayers within the 

district. 

The county clerk and recorder shall promptly deliver or transmit such 
petition, with his certificate endorsed thereon or attached thereto, to the 
clerk of the board of school trustees of such district. 
History: En. Sec. 9, Oh. 147, L. 1927. 



75-3910. (1224.10) Meeting of board of trustees to consider petition 
and calling of election — ^notice of election — form. Upon such petition being 
received by the clerk of the school district, a meeting of the board of trus- 
tees shall be called to consider the same. The board of trustees shall be the 
judges of the sufficiency of the petition and the findings of such board 
shall be conclusive against the school district in favor of the innocent holder 
of bonds issued pursuant to the election called and held by reason of the 
presentation of such petition. If it is found that the petition is in proper 
form and bears the requisite number of signatures, the board shall pass and 
adopt a resolution which shall recite the essential facts in regard to the 
petition and its presentation, fix the exact amount of bonds proposed to b*^ 
issued, which may be more or less than the amount estimated in the petition, 
determine the number of years through which the bonds are to be paid, 
fix the date of election, which shall not be less than twenty (20) days, nor 

322 



SCHOOLS 76-3910 

more than thirty (30) days after the date of the passage and adoption of 
such resolution, appoint three electors of the district who are qualified to 
vote at such election to act as judges of election, at each voting place and 
direct the clerk to give notice of such election. The notice of election shall 
designate one or more school houses in said school district as voting places 
and be in substantially the following form : 

NOTICE OF SCHOOL DISTRICT BOND ELECTION. 

"Notice is hereby given by the undersigned clerk of School District No. 

of County, State of Montana, that pursuant to a 

certain resolution duly adopted at a meeting of the board of trustees of 

said school district held on the day of , A. D., 

19 , an election of the registered qualified electors of School District 

No of County, State of Montana, who are tax- 
payers therein and whose names appear on the last completed assessment 
roll for state, county and school district taxes prior to the holding of such 

election, will be held on the day of , A. D., 19 , 

at for the purpose of voting upon the question of whether 

or not the board of school trusteeiS shall be authorized to issue and sell 

bonds of said school district in the amount of dollars, 

($ ), bearing interest at a rate not exceeding six per centum (6%) 

per annum, payable semi-annually, for the purpose of (here 

state purpose) The bonds to be issued will be either 

amortization or serial bonds, and amortization bonds will be the first 
choice of the board of trustees. The bonds to be issued, whether amortization 

or serial bonds, will be payable in installments over a period of 

(state number) years. 

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

of the said day. 

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



Clerk of School District No 

of County, State of Montana." 



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

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

In school districts of the first class the board of trustees must also cause 

the notice to be published once a week for two (2) successive weeks in some 

newspaper of general circulation in the district, if one be published therein, 

in addition to such posting. 

History: En. Sec. 10, Cli. 147, L. 1927; 
amd. Sec. 4, Ch. 178. L. 1939. 

323 



75-3911 ELECTION LAWS 

75-3911. (1224.11) Preparation of ballots — form. The school district 
clerk shall cause ballots to be prepared for all such bond elections, and 
whenever bonds for more than one purpose are to be voted upon at the same 
election, separate ballots shall be prepared for each purpose. All such ballots 
shall be substantially in the following form: 

OFFICIAL BALLOT 
SCHOOL DISTRICT BOND ELECTION 

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

Shall the board of trustees be authorized to issue and sell bonds of this 
school district in the amount of dollars ($ ) bear- 
ing interest at a rate not exceeding six per centum (6%) per annum, pay- 
able, semi-annually, during a period not exceeding years, for the 

purpose of (here state the purpose the same way as in 

the notice of election). 

n BONDS— YES. 

D BONDS— NO. 

History: En. Sec. 11, Ch. 147, L. 1927; 
amd. Sec. 5, Ch. 178, L. 1939. 

75-3912. (1224.12) Who entitled to vote— list of electors and precinct 
registers. In all school district bond elections hereafter held only quali- 
fied registered electors residing within the district who are taxpayers 
upon property therein and whose names appear upon the last completed 
assessment roll for state, county and school district taxes, shall have the 
right to vote, provided however, that no such elector, otherwise qualified 
hereunder, shall be denied the right to vote by reason of the fact that the 
polling place for a general election for the precinct wherein he resides 
and is entitled to vote, lies within another School district. Upon the adop- 
tion of the resolution calling for the election, the clerk of the school dis- 
trict shall notify the county clerk of the date on which the election is to 
be held, and qualified persons shall be allowed to register for such elec- 
tion up till noon of the fifteenth (15) day prior to the date thereof. At 
that time the registration books shall be closed for such election, but it 
shall not be necessary to give any notice of such closing of the registration 
books. 

After the closing of the registration books for such election the 
county clerk shall promptly prepare lists of the registered electors of 
such district who are taxpayers upon property therein and whose names 
appear on the last completed assessment roll for state, county and school 
district taxes, and who are entitled to vote at such election, and shall 
prepare precinct registers for such election, as provided in section 2^-515, 
and deliver the same to the school district clerk who shall deliver the 
same to the judge prior to the opening of the polls. In school districts 
of the first class it shall be the duty of the school district clerk to post 

324 



SCHOOLS 75-3914 

such lists in five (5) public and conspicuous places within the district at 
least ten (10) days prior to the date of election. It shall not be necessary 
to post such lists in districts of the second and third class. A charge of 
five cents per name for the use and benefit of the county shall be made 
by the county clerk for preparing such list and precinct registers. 

History: En. Sec. 12, Ch. 147, L. 1927; 
amd. Sec. 19, Ch. 64, L. 1959; amd. Sec. 
1, Ch. 127, L. 1959. 

75-3913. (1224.13) Conduct of election— voting: by absent electors. 

The bond election shall be conducted in the manner prescribed for the 
election of school trustees and return shall be made and canvassed in a 
similar manner. Any qualified elector entitled to vote at any school bond 
election who is absent from the county or who is physically incapacitated 
from attending the polling place at such election may vote thereat by 
complying with the provisions of Chapter 13 of Title 23 of the Revised 
Codes of Montana, 1947, as amended, except that the application of an 
absentee or physically incapacitated person for ballot may be made at any 
time within fifteen (15) days next preceding such bond election. 

The school district clerk whose duty it is to cause the ballots to be 
prepared for the bond election shall furnish the county clerk with a supply 
of ballots prior to the fifteenth day next preceding the election for the use 
of the county clerk in furnishing ballots to applicants for absent voters' 

ballots. 

The county clerk shall deliver to the judges of election at the opening 
of the polls all absent voters' ballots that he shall have received up to that 
time from absent or physically incapacitated electors. The procedure set 
out in Chapter 13 of Title 23 of the Revised Codes of Montana, 1947, as 
amended, shall apply to the voting by absent electors with respect to school 
bond elections. 

History: En. Sec. 13, Ch. 147, L. 1927; 
amd. Sec. 1, Ch. 203, L. 1955. 

75-3914. (1224.14) Percentage of electors required to authorize bond 
issue. Whenever the question of issuing bonds for any purpose is sub- 
mitted to the qualified electors of a school district at either a general 
or special school election if forty (40) per centum of the qualified electors 
entitled to vote on such question at such election vote thereon and a 
majority of such votes shall be cast in favor of such proposition then 
said proposition shall be deemed to have been approved and adopted; 
provided, moreover, that if less than forty (40) per centum, but more 
than thirty (30) per centum of such qualified electors vote on such 
question at such election and sixty (60) per centum or more of such votes 
shall be cast in favor of such proposition, then such proposition shall be 
deemed to have been approved and adopted, otherwise such question shall 
be deemed to have been rejected. 

History: En. Sec. 14, Ch. 147, L. 1927; 
amd. Sec. 1, Ch. 40, L. 1935; amd. Sec. 1, 
Ch. 7, L. 1937; amd. Sec. 1, Ch. 103, L. 
1969. 

325 



75-3915 ELECTION LAWS 

75-3915. (1224.15) Meeting of board of trustees to canvass election re- 
turns — resolution for bond issue. If such election shall authorize the 
issuance of such bonds, the board of trustees shall within sixty (60) days 
from the date of such election pass and adopt a resolution providing for 
the issue of the bonds ; provided that such bonds may be issued in one or 
more series or installments as the board may in such resolution direct. This 
resolution shall recite the amount of bonds to be issued, the maximum rate 
of interest, the purpose of the issue, the date they shall bear, and the period 
of time through which they shall be paid, and providing the manner of 
execution of same. It shall provide for giving preference to amortization 
bonds, but shall fix the denomination of serial bonds in case it shall be 
found necessary to issue bonds in that form, and shall direct the clerk 
to give notice of the sale of the bonds. 
History: En. Sec. 15, Ch. 147, L. 1927. 



75-3916. (1224.16) Form of notice of sale of bonds. The notice of sale 
shall state the purpose or purposes for which the bonds are to be issued and 
the amount proposed to be issued for each purpose, and shall be substan- 
tially in the following form : 

"NOTICE OF SALE OF SCHOOL DISTRICT BONDS. 

Notice IS hereby given by the board of trustees of School District No 

of County, State of Montana, that the said board of 

trustees will on the day of , 19 , at the hour 

of o'clock ...m. at , in the said school district, sell 

to the highest and best bidder for cash, either amortization or serial bonds 

of the said school district in the total amount of dollars, 

($ ), for the purpose of 

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

If amortization bonds are sold and issued, the entire issue may be put 
into one single bond or divided into several bonds, as the said board of 
trustees may determine upon at the time of sale, both principal and interest 

to be payable in semi-annual installments during a period of j'^ears 

from the date of issue. 

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

dollars, ($ ) each, except the first bond which will be in 

the amount of dollars, ($ ) the sum of 

dollars ($ ) of the said serial bonds will become payable 

on the day of , 19 , and the sum of 

dollars, ($ ) will become payable on {he same day each 

year thereafter until all of such bonds are paid. 

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

, 19 , and will bear interest at a rate not exceeding six 

per centum (6%) per annum, payable semi-annually, on the day 

of (month) and 

326 



SCHOOLS 75-3938 

(month) in each year, and will be redeemable in full. 

(Here insert optional provisions, if any, to be recited on the bonds.) 

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

All bids other than by or on behalf of the state board of land commis- 
sioners must be accompanied by a certified check in the sura of 

dollars, ($ ) payable to the order of the clerk, which will 

be forfeited by the successful bidder in the event that he shall refuse to 
purchase the said bonds. 

All bids should be addressed to the undersigned clerk. 



Chairman, School District No 

of County. 

Address : 

ATTEST : 



Clerk, School District No 

of County. 

Address: " 

History: En. Sec. 16, Ch. 147, L. 1927; 
amd. Sec. 6, Cb. 178, L. 1939. 



7&-3937. (1252) Signers required on petition for bond elections in 
school districts, cities and towns and counties. No election for the issuance 
of bonds of any school district, or of any town, or city, or county shall be 
called except upon presentation of a petition therefor to the board of 
school trustees, or to the town or city council, or to the board of county 
commissioners, as the case may be, signed by at least twenty per cent of 
the qualified registered electors who are taxpayers upon property within 
said school district, town, city or county, and whose names appear on the 
assessment-roll for the year next preceding such election, praying for the 
calling of said election; provided that the board of county commissioners, 
board of school trustees, town or city council, as the case may be, shall 
determine as to the sufficiency of such petition, and the findings of such 
governing body shall be conclusive against the municipality in favor of any 
innocent holder of the bonds issued under and by virtue of authority con- 
ferred by election provided by this act. 

History: En. Sec. 1, Ch. 104, L. 1921; 
re-en. Sec. 1252, B. C. M. 1921. 

75-3938. (1253) QuaJiflcation of voters. In all elections hereafter held 
for the issuance of bonds of any school district, town or city, only qualified 
registered electors who are taxpayers upon property therein, and whose 
names appear on the assessment-roll for the year next preceding such 
election, shall be entitled to vote thereat; provided, however, that no 

327 



75-4103 ELECTION LAWS 

such elector, otherwise qualified hereunder, shall be denied the right to 
vote by reason of the fact that the polling place for a general election for 
the precinct wherein he resides and is entitled to vote, lies within another 
school district, town or city. 

History: En. 8t)C. 2, Oh. 104, L. 1921; Sec. 1253, E. 0. M. 1921; amd. Sec. 1, Cli. 
amd. Sec. 1, Oh. 17, Ex. L. 1921; re-en. 79, L. 1969. 



CHAPTER 41 

HIGH SCHOOLS— COUNTY^UNIOR AND DISTRICT- 
JOINT SCHOOL SYSTEMS 

Section 75-4103. Board of trustees of county high schools. 

75-4112. Bond issues, submission to electors of question. 

75-4113. Duty of board of county commissioners. 

75-4116. County bond iasne for county and district high schools. 

75-4120. Authority to abolish or to unify. 

75-4120.1. Procedure for unification of county high school. 

75-4120.2. Appointment and terms of additional trustees after unification — 
county as high school district. 

75-4120.3. Adoption of budget after unification. 

75-4121. Petition to abolish county high school to be filed. 

75-4122. Commissioners to submit question. 

75-4123. Publication of notice and preparation of pollbooks. 

75-4124. Further notice required — manner of holding election — ballots. 

75-4125. Action by board of county commissioners when election favors 
abolishing county high school. 

75-4126. When election favors retaining high school. 

75-4147. Junior high schools — authority to establish in district having no ac- 
credited high school. 

75-4148. Petition — resolution of board — approval of superintendent of public 
instruction. 

75-4149. Submission of question. 

75-4150. Application and submission of question when bonds are to be issued. 

75-4151. Election. 

75-4152. Duty of board if establishment of junior high school be approved. 

75-4153. Issuance of bonds. 



75-4103. (1262.3) Board of trustees of comity high schools. Every 
county high school shall be under the general supervision and control of 
a board of trustees consisting of seven members, one of whom shall be 
the county superintendent of schools of the county wherein such county 
high school is located, and six of whom shall be appointed by the board 
of county commissioners of the said county. Provided, however, whenever 
the county commissioners receive a petition signed by fifteen per cent 
of the qualified electors in the county high school district requesting the 
election, the county commissioners of the county shall within not less than 
thirty days nor more than sixty days thereafter, submit to the electors in 
the county high school district the following question : 

Shall the board of trustees of the county 

high school district be elected? 

□ For the election of trustees. 

□ Against the election of trustees. 

If a majority of all of the votes cast be in favor of electing a board of 
trustees, then the provisions of sections 75-4104 and 75-4105 of the Re- 

328 



SCHOOLS 75-4103 

vised Codes of Montana, 1947, shall no longer be applicable, but the fol- 
lowing sections shall apply : 

Four of the trustees to be elected shall come from the elementary 
school district in which the county high school is located, and the county 
commissioners and the county superintendent of schools shall immedi- 
ately district the remaining portion of the county high school district 
into three trustee districts, and each district shall be entitled to one mem- 
ber on the county high school board. 

The election of seven school trustees of the county high school shall 
be held on the first Saturday in April of every year to fill the expired 
terms of trustees, and the term of office of trustees after the first election 
of the county high school board shall be for three years. However, at 
the first election, four of the trustees elected shall be residents of the 
elementary school district where the high school is situated and three 
of the trustees elected shall be residents of the respective trustee districts 
set up by the board of county commissioners and the county superintendent 
of schools. 

At the first election the four trustees elected from the elementary 
school district where the high school is located shall cast lots to determine 
which two shall hold office for one year, which one for two years and 
which one for three years. The three trustees elected from the trustee 
districts set up by the board of county commissioners and the county 
superintendent of schools shall cast lots to determine which one shall hold 
office for one year, which one for two years and which one for three years. 

The procedures for calling and holding elections, and for the assumption 
of office, for first class school districts, set forth in R. C. M. 1947, section 
75-1607 through 75-1613, shall govern the elections provided for in this 
act, the words "clerk of the district and county superintendent of schools" 
being synonymous with "the county clerk and recorder" when the former 
is used in the sections referred to, and the words "board of trustees" being 
synonymous with the words "county commissioners," if a majority of all 
the votes cast be in favor of electing a board of trustees of the county 
high school. Upon the election and qualification for office as hereinbefore 
set forth of all seven of the elected trustees, the county superintendent of 
schools shall no longer be a member of the board of trustees. 

Any twenty-five electors qualified to vote in the election, shall file with 
the county clerk and recorder of the county, the nominations of as many 
persons as are to be elected to the county high school board at the elec- 
tions herein provided for, at least twenty days preceding the election. The 
county clerk and recorder shall cause the names to be printed on a ballot 
not inconsistent with the provisions of the law relating to the election of 
other candidates. 

Every citizen of the United States of the age of twenty-one years or 
over who has resided in the state of Montana for one year, and thirty 
days in the elementary school district or the trustee district as designated 
above, next preceding the election, shall be eligible for the office of school 
trustee and entitled to vote thereat. 

Absence from the school district or trustee district for sixty consecu- 
tive days, or failure to attend three consecutive meetings of the board of 

329 



75-4112 ELECTION LAWS 

trustees without good cause, shall constitute a vacancy in the office of 
trustee. When a vacancy occurs in the county high school board from 
any cause whatever, the fact shall be immediately certified by the secre- 
tary of the high school board to the board of trustees of the high school 
who shall immediately appoint, in writing, a qualified person, resident of 
the school or trustee district where the vacancy occurs and who shall serve 
until the next election as stated herein. At the next election, a new trustee 
shall be elected to fill the unexpired portion of the vacated term, from 
the district in which the vacancy occurs. 

History: En. Sec. 3, Ch. 148, L. 1931; 
amd. Sec. 1, Ch. 278, L. 1959. 

75-4112. (1262.12) Bond issues, submission to electors of question. If 

in any county maintaining a county high school in which no district high 
school is maintained not less than twenty per centum (20%) of the registered 
voters who on the last completed assessment roll of the county were 
assessed in their own names on real or personal property in the county shall 
present to the board of trustees of the county high school a petition asking 
that there be submitted the question whether bonds of the county shall be 
issued for the purchase or erection of a high school building or buildings 
and/or for the repairing, remodeling, or enlarging thereof, and/or for 
the purchase of equipment thereof, and/or for the purchase, erection and/or 
equipment of a high school dormitory or dormitories, or gymnasium, and/or 
for the purchase of a suitable site or sites for such buildings, or any of 
them, and/or to retire or refund any outstanding bonds issued for any of 
the purposes foregoing, and if such petition shall specify therein the amount 
of the bonds to be issued, and if the board of trustees of the county high 
.school shall upon the presentation to it of the said petition, approve the 
same, and the issuance of bonds of the county to the amount therein men- 
tioned and for the purpose or purposes therein specified, the secretary of 
the said board shall forthwith in the name of the board of trustees request 
the board of county commissioners of the county to submit without delay 
to the registered voters of such county the question whether bonds of the 
county shall be issued and sold to the amount and for the purpose or 
purposes in the petition set forth. 

History: En. Sec. 12, Ch. 148, L. 1931. 



75-4113. (1262.13) Duty of board of county commissioners. Imme- 
diately upon the receipt of any such request it shall be the duty of the board 
of county commissioners to submit such question to the registered and 
qualified electors of the county in the manner otherwise provided by law 
for the submission of the question of the issuance of other county bonds. 
If a majority of the registered and qualified electors of the county, voting 
upon the question so submitted, shall approve such issue, then the board 
of county commissioners shall forthwith issue and market the bonds author- 
ized as in the case of other county bonds. 
History: En. Sec. 13, Oh. 148, L. 1931. 

330 



SCHOOLS 75-4120.1 

75-4116. (1262.15) County bond issue for county and district high 
schools. In any county where a county high school and also one (1) or 
more accredited district high schools are maintained bonds of the county 
may likewise be issued in accordance with the provisions of this chapter 
and for any of the purposes aforesaid, the proceeds of such issue to be 
divided among the county high school and accredited district high school, 
or schools of the county. The question submitted to the electors of the 
county shall definitely state the amount which is to be allotted to the 
county high school and the amount which is to be apportioned to or among 
the accredited district high school, or schools; and in all such cases the 
amount allotted to the county high school and the amount to be apportioned 
among the accredited district high school or schools shall be computed 
upon the basis of the taxable valuation of the county high school district, 
and of all the accredited district high school districts of the county during 
the year preceding the submission of the question of the bond issue ; pro- 
vided, that in counties which have not been divided into high school dis- 
tricts, the distribution shall be computed upon the basis of the taxable 
valuation of the common school district in which the county high school is 
located, and the taxable valuation of all the common school districts main- 
taining district high schools in the county during the year preceding the 
submission of the question of the bond issue provided, further, that 
moneys apportioned to any high school district or common school district 
under this act, exclusive of the county high school, shall not be expended 
until the purpose for such expenditure has been approved by a vote of 
the people of the district at an election conducted in the same manner 
as the election to vote on extra taxes for school purposes. 

History: En. Sec. 15, Oh. 148, L. 1931; 
amd. Sec. 1, Ch. 233, L. 1965. 

75-4120. (1262.19) 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 be- 
longing thereto in the manner provided in this chapter. 

History: En. Sec. 19, Ch. 148, L. 1931; 
amd. Sec. 1, Ch. 261, L. 1963. 

75-4120.1. Procedure for unification of county high school. A county 
high school may be unified with and made a part of the school district in 
which the county high scho^ol is located in the following manner: If the 
board of trustees of the county high school and the board of trustees of 
the school district in which the county high school is located shall each 
pass a resolution requesting unification and an election thereon and shall 
each file copies of the respective resolutions with the county superintendent 
of schools, or if a petition signed by ten per cent (10%) of the qualified 
electors of the high school district where the county high school is located, 
or of the county if it is not divided into high school districts, is filed with 
the county superintendent requesting that an election on the question of 
unification be held, the county superintendent within not less than twenty 

331 



75-4120.2 ELECTION LAWS 

(20) nor more than thirty (30) days shall cause notice of election to be 
given by posting and publication. The question shall be submitted to the 
qualified electors of the high school district where the county high school 
is located or to the qualified electors of the county if it is not divided into 
high school districts. The notice shall be posted in three (3) public places 
in each school district of the high school district, or of the county if it is 
not divided into high school districts, and at least one (1) voting place 
shall be provided in each such school district. The notice shall also be 
published once in a newspaper published in the county and having general 
circulation therein. The notice shall specify the voting places, the time 
when the polls shall be open and that the question to be submitted is FOR 
or AGAINST unification. 

If a majority of the votes cast at such election shall be FOR unifica- 
tion the county superintendent shall make an order that unification shall 
be effective the following July 1. 

If a majority of the votes cast at such election shall be AGAINST uni- 
fication the county superintendent shall so declare. 

Persons qualified to vote for school trustees shall be eligible to vote at 
the election provided for herein and as far as applicable the statutes re- 
lating to the election of school trustees shall govern such election. 
History: En. Sec. 1, Ch. 37, K 1965. 

75-4120.2. Appointment and terms of additional trustees after unifica- 
tion — county as high school district. If unification is accomplished, immed- 
iately after the effective date the county superintendent of schools in those 
counties which have been divided into high school districts shall appoint 
additional board of trustee members in the manner provided by section 
75-4601, R. C. M. 1947, if the majority of the school districts lying within 
the high school district so request. If the county has not been divided into 
high school districts, the county shall immediately upon unification, become 
a high school district in its entirety in the same manner as if action had 
been taken under section 75-4602, R. C. M. 1947. Members appointed by 
the county superintendent of schools shall hold office until the next annual 
school election when there shall be elected a trustee to replace each ap- 
pointed member. 

History: En. Sec. 2, Ch. 37, L. 1965. 

75-4120.3. Adoption of budget after unification. If unification is ac- 
complished, the board of trustees of the district which was unified with 
the county high school shall adopt a high school budget for the next fiscal 
year on the fourth Monday in June preceding the effective date of uni- 
fication. 

History: En. Sec. 3, Ch. 37, L. 1966. 

75-4121. (1262.20) Petition to abolish county high school to be filed. 

Between the first day of July and the first 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 registered electors of any county 

332 



SCHOOLS 75-4124 

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. 

History: En. Sec. 20, Ch. 148, L. 1931; 
amd. Sec. 2, Ch. 261, L. 1963; amd. Sec. 

4, Ch. 37, L. 1965. 

75-4122. (1262.21) Commissioners to submit question. At the first 
regular monthly meeting of the board of county commissioners of the 
county immediately following such filing the petition shall be called to 
the attention of the board by the county clerk; and the board shall im- 
mediately direct the submission to the registered voters of the county at 
the ensuing general election for that year of the question whether the 
county high school of the county should be abolished. 

ffistory: En. Sec. 21, Ch. 148, L. 1931; 
amd. Sec. 3, Ch. 261, L. 1963; amd. Sec. 

5, Ch. 37, K 1965. 

75-4123. (1262.22) Publication of notice and preparation of poUbooks. 

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 
abolishing the county high school. 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 news- 
paper 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 September 1 and 
September 15 of the said year. The county clerk of said county shall prepare 
suitable pollbooks containing the names of all registered electors at the 
expense of the county. 

History: En. Sec. 22, Ch. 148, L. 1931; 
amd. Sec. 4, Ch. 261, L. 1963; amd. Sec. 

6, Ch. 37, K 1965. 

75-4124. (1262.23) Further notice required — manner of holding elec- 
tion — 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, how- 
ever, to the following special requirements : 

The votes for or against abolishment of the county high school shall 
be cast by ballot in substantially the following form. 
Abolishment of county high school. 

□ For the abolishment of the county high school. 

□ Against the abolishment of the county high school. 

An elector may vote for the question submitted to him for considera- 
tion by placing an "X" in the square immediately before the words "For 

333 



75-4125 ELECTION LAWS 

the abolishment of the county high school"; and a ballot so marked and 
cast shall be counted in favor of abolishinp: the county high school. An 
elector may vote against the question submitted to him for consideration 
by placing an "X" in the square immediately preceding the words "Against 
the abolishment of the county high school"; and a ballot so marked and 
cast shall be counted against abolishing the county high school. 

History: En. Sec. 23, Ch. 148, L. 1931; 
amd. Sec. 5, Ch. 261, L. 1963; amd. Sec. 

7, Ch. 37, L. 1965. 

75-4125. (1262.24) Action by board of county commissioners when 
election favors abolishing county high school. If a majority of all votes 
cast at such general election upon the question of the abolishment of the 
county high school shall be in favor of abolishing the same the board of 
county commissioners of the county at its first regular meeting in Decem- 
ber following the election shall make and enter at large upon its minutes 
an abstract of the votes so cast and a resolution that in accordance there- 
with on and after July 1st of the year immediately following the county 
high school of the county shall be, and is thereby abolished. 

History: En. Sec. 24, Ch. 148, L. 1931; 
amd. Sec. 6, Ch. 261, L. 1963; amd. Sec. 

8, Ch. 37, L. 1965. 

75-4126. (1262.25) When election favors retaining high school. But 
if a majority of all votes cast at such election shall be against the abolish- 
ment of the county high school a similar abstract of the votes shall in like 
manner be entered by the board of county commissioners at large upon their 
minutes at its December meeting aforesaid ; and no further submission of 
the question of abolishing 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 becomes effective. 

History: En. Sec. 25, Ch. 148, L. 1931; 
amd. Sec. 7, Ch. 261, L. 1963; amd. Sec. 

9, Ch. 37, L. 1965. 

75-4147. (1262.45) Junior high schools — authority to establish in dis- 
trict having no accredited high school. The board of trustees of any school 
district where no accredited high school is already established and main- 
tained may establish one or more junior high schools in the district at any 
time in accordance with the sections immediately following and provide 
therefor quarters, buildings, building sites, equipment and a teaching force. 
History: En. Sec. 45, Ch. 148, K 1931. 

75-4148. (1262.46) Petition — resolution of board — approval of super- 
intendent of public instruction. Whenever the board of trustees of any 
school district which has no accredited high school, already established, 
shall receive a petition in writing from twenty per centum (20%), or 

334 



SCHOOLS 75-4152 

more, of the registered voters of the district requesting that a junior higli 
school or junior high schools be established, or siiall itself resolve by 
resolution spread upon the minutes of the board that the establishment 
of a junior high school or junior high schools is in the best interosts of 
the district, an application shall forthwith be made by the said board of 
trustees to the superintendent of public instruction, setting forth therein 
such facts and information as it may require and requesting its approval of 
the establishment of the junior high school or junior liigh schools in 
question. 
History: En. Sec. 46, Ch. 148, L. 1931. 

75-4149. (1262.47) Submission of question. If the establishment of 
a junior high school or junior high schools is approved by the superin- 
tendent of public instruction, the board of trustees of the school district 
shall immediately submit to the registered voters of the district the question 
whether a junior high school, or if the establishment of more than one 
such junior high school be contemplated, whether junior high schools shall 
be established in such district. 
History: En. Sec. 47, Ch. 148, L. 1931. 

75-4150. (1262.48) Application and submission of question when bonds 
ai^ to be issued. If it is necessary for the district to issue bonds to provide 
quarters, buildings, building sites, and/or equipment for the proposed 
junior high school or junior high schools the application for the approval 
of the superintendent of public instruction, shall set forth the facts pertinent 
to such issue and the amount of bonds required for the purposes mentioned, 
or any of them. And in any such case if the establishment of the junior 
high school or junior high schools be approved by the superintendent of 
public instruction the question submitted by the board of trustees to 'the 
registered voters of the district shall be whether a junior high school, or, 
if the establishment of more than one junior high school be contemplated, 
whether junior high schools shall be established in the district and bonds 
in a specified amount issued to provide quarters, buildings, building sites 
and equipment, or for any one or more such purposes. 
History: En. Sec. 48, Ch. 148, L. 1931. 

75-4151. (1262.49) Election. The qualified electors of the district shall 
be entitled to vote upon any question submitted to them in accordance with 
this chapter at an election called, noticed, held, canvassed and returned 
in the manner provided by law for the submission in such district of the 
question of a bond issue for the purpose of building, enlarging, altering or 
acquiring by purchase a school house, of furnishing and equipping the 
same, and of purchasing the necessary lands therefor. 
History: En. Sec. 49, Ch. 148, L. 1931. 

75-4152. (1262.50) Duty of board if establishment of junior high school 
be approved. If a majority of the votes cast at any such election be in 
favor of the establishment of a junior high school or junior high schools the 

335 



75-4153 ELECTION LAWS 

board of trustees of the district shall immediately establish and open 
the school or schools so authorized. 
History: En. Sec. 50, Ch. 148, L. 1931. 

75-4153. (1262.51) Issuance of bonds. If the issuance of bonds as 
specified in any question submitted be approved the board of trustees shall 
thereafter issue and market the bonds of the district within the limits of the 
amount specified in the question and in the same manner and pursuant 
to the provisions and limitations of law otherwise applicable in the case 
of the issuance of district bonds for the purpose of building, enlarging, 
repairing or acquiring by purchase a school house, in the said district, 
or furnishing and equipping the same, and of purchasing the necessary 
lands therefor. 
History: En. Sec. 51, Ch. 148, L. 1931. 



CHAPTER 42 

HIGH SCHOOLS— COUNTY— JUNIOR AND DISTEICT-^OINT SCHOOL 
SYSTEMS CONTINUED— VOCATIONAL EDUCATION 

Section 75-4201. Junior high schools — how established where district high school i"» 
already established. 
75-4202. Establishment in districts where county high school is located. 
75-4231. General powers and duties of boards of trustees. 

75-4201. (1262.52) Junior high schools — how established where district 
high school is already established. The board of trustees of any school 
district wherein a^i accredited high school is already established may, by 
resolution and in compliance with the rules and regulations of the superin- 
tendent of public instruction reorganize th'; school system of the district to 
provide for a junior high school or junior high schools as a part of such 
system, without submitting the question to the qualified electors of the 
district. But nothing herein contained shall be construed to authorize 
any such board of trustees to issue bonds of the district or to incur indebted- 
ness or to proceed in the establishment of a junior high school or junior 
high schools other than in accordance with its general powers elsewhere 
defined. 
History: En. Bee. 62, CSi. 148, L. 1931. 



75-4202. (1262.53) Establishment in districts where county high school 
is located. A junior high school or junior high schools may be established 
by the school district in which any county high school is located in the 
manner provided in section 75-4201, provided that the board of trustees 
of the county high school already located in the district shall by resolution 
consent thereto. A junior high school, or junior high schools, may also, in 
like manner, be established by the county high school, provided that the 
board of trustees of the school district, in which the county high school is 
located, shall by resolution consent thereto. In no event, however, shall a 
junior high school be established unless the question has been submitted to 

336 



SCHOOLS 75-4231 

the qualified electors of the district involved, and a majority of the electors 
vote in favor thereof. 

History: En. Sec. 53, Ch. 148, L. 1931; 
amd. Sec. 1, Ch. 89, L. 1949; amd. Sec. 1, 
Ch. 262, L. 1966. 

76-4231. (1262.83) General powers and duties of boards of trustees. 

The board of trustees of every county high school and of every school 
district maintaining a district high school shall have the power, and it shall 
be its duty: 

1. • • • 

2. (a) At its discretion as restricted by law to purchase, or otherwise 
acquire, real estate to be used as a site or sites for a high school, high 
school dormitories, high school gymnasiums, and other high school build- 
ings, or for any proper high school purposes, and to sell and to dispose of 
the same ; at its discretion as restricted by law to build, purchase, or other- 
wise acquire, a high school building, high school dormitories, high school 
gymnasiums, and other buildings necessary for the high school, and to 
sell, move and dispose of the same; at its discretion as restricted by law 
to lease or contract with the board of trustees of any school district, or 
with any person, for suitable buildings or quarters to be used for any high 
school purposes or as a high school dormitory or gymnasium, and for 
such term not exceeding three (3) years as the board may deem for the 
best interests of the high school; at its discretion as restricted by law to 
purchase, or otherwise acquire, all necessary and appropriate equipment 
and supplies for the conduct, operation and administration of the high 
school, including high school dormitories and gymnasiums; at its discre- 
tion as restricted by law to make all contracts and to do all things neces- 
sary to carry out or execute all or any of the powers herein specified and 
conferred upon the board ; provided, all boards of trustees of county high 
schools, or districts maintaining high schools, shall be prohibited from 
letting any contracts for building, furnishing, repairing or other work 
for the benefit of the school, or purchasing supplies for said school, where 
the amount involved is one thousand two hundred fifty dollars ($1,250.00) 
or more, without first advertising in a newspaper published in the county 
for at least two (2) weeks, calling for bids to perform such work, and the 
board shall award the contract to the lowest responsible bidder; provided 
further, that the board of trustees shall have the right to reject any or all 
bids; provided that these provisions shall not apply in case of extreme 
emergencies. 

(b) But the board shall exercise no power whatsoever conferred upon 
it by this subdivision 2 whereby obligations are assumed or an indebted- 
ness created in excess of the funds on hand, belonging to the high school, 
and not otherwise appropriated, or available to the board from the collec- 
tion of taxes actually levied for the current year, or from the sale of bonds 
already authorized ; and the power of the board to purchase, or otherwise 
acquire, or to sell, or dispose of, a site or sites for a high school, high 

337 



75-4231 ELECTION LAWS 

school dormitories, high school gymnasiums, or other high school build- 
ings, or for any proper high school purpose, or to build, purchase, or 
otherwise acquire, a high school building, high school dormitories, high 
school gymnasiums, or other buildings necessary for the high school or 
to sell, move or dispose of the same, shall be exercised only at the direction 
of a majority of the qualified electors of the county in the case of a county 
high school, or of the district in the case of a district high school, voting 
at an election to be called by the board, and otherwise noticed, conducted, 
canvassed and returned in the same manner as the annual election of 
school trustees in school districts of the first class. 

(c) Provided, however, that where a site or sites for a high school, 
high school dormitories, high school gymnasiums or other high school 
buildings or for any other proper high school purposes is contiguous to a 
site upon which there exists a high school building erected and in use for 
high school purposes, the board may purchase or otherwise acquire such 
contiguous site or sites without calling for a vote of the qualified electors 
of the county, in the case of a county high school, or the district, in the 
case of a district high school, and upon the making of such a purchase of, 
or otherwise acquiring, such site or sites, the board may enter into a con- 
tract or obligation providing for the purchase of said site or sites by de- 
ferred payments and may incur indebtedness for the whole or any part of 
said purchase price and shall not be restricted in the terras of said contract 
or the amount of said purchase price except that the amount of the in- 
debtedness incurred shall not exceed ten thousand dollars ($10,000.00) as 
to principal and interest ; provided further, however, that before making 
any such purchase the board shall duly pass a resolution declaring such 
lands to be purchased necessary for school purposes of said district, and 

provide for the purchase thereof; provided further, that notice of the 
meeting at which said resolution is to be considered for final adoption 
and of the proposed passage of said resolution shall be given as provided by 
law for notices of election of trustees, at which meeting the electors of 
said district shall have the right to be present and to protest the passage 
of said resolution. 

(d) If at the hearing on such resolution protests against the adoption 
of the same shall be made and the board of trustees shall adopt the same 
over such protests, the resolution shall not become effective for fifteen 
(15) days after the date of its adoption, during which time any taxpayer 
or taxpayers may appeal to the district court by filing with the clerk of 
such court a verified petition, a copy of which shall theretofore have been 
served upon the clerk or secretary of the board of trustees. Said petition 
shall set forth in detail the objections of the petitioners to the adoption of 
such resolution or to the purchase of the property as provided for in said 
resolution. The service and filing of said petition shall operate to stay 
such resolution until final determination of the matter by the court. Upon 
the filing of such petition the court shall immediately fix a time for hear- 
ing the same which shall be at the earliest convenient time. At such hear- 
ing the court shall hear the matter de novo and may take such testimony 

338 



SCHOOLS 75-4414 

as it deems necessary. Its proceedings shall be summary and informal 
and its determination shall be final. 
3 to 15. • • • 
History: En. Sec. 83, Ch. 148, L. 1931; Ch. 106, L. 1951; amd. Sec. 1, Oh. 43, L. 
amd. Sec. 1, Ch. 207, L. 1939; amd. Sec. 2, 1955. 

CHAPTER 44 

COMMUNITY COLLEGE DISTRICTS 

Section 75-4413. Property and population requirements for district — corporate powers 
— exemption from school district law. 

75-4414. Supervision by state board of education. 

75-4415. Boundaries of district — additional to other districts. 

75-4416. Petition for organization of district — election — order establishing 
district. 

75-4417. Election of trustees — districts from which elected — terms of office. 

75-4418. Notice of organization election — conduct of election. 

75-4419. Trustees' oath of office— officers of board — quorum — vacancies — seal. 

75-4420. Trustee elections after organization. 

75-4421. Meetings of board— notice — mileage allowance for trustees. 

75-4422. Trustees not to have pecuniary interest in district contracts — adver- 
tising for bids. 

75-4423. Courses of instruction provided — tuition fees. 

75-4424. Employment of personnel — retirement of employees and trustees. 

75-4425. Participation in foundation program and equalization fund — budget- 
ing — special tax levy. 

75-4426. Building construction and repairs — acquisition of land — tax levy — 
federal and state aid. 

75-4427. Acceptance of donations. 

75-4428. Disposition of surplus property — contracts for co-operation with 
school districts. 

75-4429. Junior colleges authorized to continue — conversion to community 
college. 

75-4430. Annexation of school districts to junior college or community college 
district- — election. 

75-4413. Property and population requirements for district — corporate 
powers — exemption from school district law. The voters in any area of the 
state may form a community college district where the area to be formed 
into such district has an assessed valuation of not less than thirty million 
dollars ($30,000,000) and has a total of not less than seven hundred (700) 
pupils regularly enrolled in public and private high schools. The district 
may consist of a county, two or more contiguous counties, or contiguous 
parts of two or more counties in this state. When such a district is organized, 
it shall be a body corporate and a subdivision of the state of Montana and 
shall be known as "The Community College District of , Mon- 
tana" and, in that name, may sue and be sued, levy and collect taxes within 
the limitations of this act, and possess the same corporate powers as com- 
mon school and high school districts in this state, except as herein otherwise 
provided. Sections 75-1801 to 75-1834, Revised Codes of Montana, 1947, as 
amended, shall not apply to community college districts organized under 
the provisions of this act except as provided herein. 
History: En. Sec. 1, Ch. 274, L. 1965. 

75-4414. Supervision by state board of education. (1) Junior college 
departments or districts formed prior to the effective date of this act and 
those community college districts formed under the provisions of this act 

339 



75-4415 ELECTION LAWS 

shall be under the supervision of the state board of education. 
(2) It shall be the duty of the state board of education to: 

(a) Establish the role of the two-year college in the state; 

(b) Set up a survey form to be used for local surveys of need and 
potential for two-year colleges and provide supervision in the conducting 
of surveys ; 

(c) Supervise the community college districts formed under the pro- 
visions of this act and the junior colleges now in existence and formed 
prior to the effective date of this act; 

(d) Formulate and put into effect, uniform policies as to budgeting, 
record keeping and student accounting; 

(e) Establish uniform minimum entrance requirements and uniform 
curricular offerings for all community and junior colleges; 

(f) Make a continuing study of the junior and community college 
education in the state ; and 

(g) Be responsible for the accreditation of each junior college and 
community college under its supervision. Accreditation shall be conducted 
annually or as often as deemed advisable and made in a manner consistent 
with the rules and regulations established and applied uniformly to all 
junior and community college districts in the state. Standards for accredita- 
tion of junior and community colleges shall be formulated with due con- 
sideration given to curriculum offerings and entrance requirements of the 
Montana university system. 

History: En. Sec. 2, OIl 274, L. 1965. 

75-4415. Boundaries of district — additional to other districts. The 

boundaries of any community college district organized under this act shall 
coincide with the then-existing boundaries of the contiguous common school 
districts proposed to be included, and such community college district shall 
be in addition to any other school districts existing in any portion of such 
area. 

History: En. Sec. 3, Oh. 274, L. 1965. 

75-4416. Petition for organization of district — election — order estab- 
lishing district. Whenever there is presented to the state board of edu- 
cation a petition, signed by not less than twenty per centum (20%) of the 
qualified registered electors residing within each county or part of county 
within a proposed community college district area, praying that a com- 
munity college district be organized for the purpose of offering community 
college (13th and 14th year) courses, the state board of education shall 
order an election held within the proposed district of the qualified electors 
therein to vote on the proposal and to elect trustees, at the next following 
annual school election. At such election, the proposition shall be in sub- 
stantially the following form : 

PROPOSITION 
Shall there be organized within the area comprising the School Districts 
of , State of Montana, a community college district for the 

340 



SCHOOLS 75-4417 

offering of 13th and 14th year courses, lo be known as the Community 

College District of , Montana, under the provisions of Chapter 

(giving the number of this act [274]), Laws of 1965, as prayed in the 
petition filed with the State Board of Education at Helena, Montana, on 
the day of ,19....? 

□ For organization 

□ Against organization 

The election shall be conducted in the manner provided for the election 
of trustees in a common school district of the second or third class. Within 
fifteen (15) days after such election, the results shall be transmitted by 
those receiving the same under law in each component district to the state 
board of education, by certificates attesting to the total number of votes 
cast within each such district on said proposition, the votes cast for and 
against said proposition and the votes cast for each candidate for trustee, 
together with the tally sheets attested to by the judges and clerks of election 
at each polling place within each such district. The proposal to organize 
the community college district, to carry, must receive a majority of the 
total number of votes cast thereon and the state superintendent of public 
instruction, from the results so certified and attested, shall determine 
whether the proposal has received the majority of the votes cast thereon 
for each county or part of a county within the proposed district and shall 
certify the results to the state board of education. Should the state super- 
intendent of public instruction certificate show that the proposition to 
organize such community college district has received a majority of the 
votes cast thereon in each county or part of a county within the proposed 
district, the state board of education shall make an order declaring the 
community college district organized and cause a copy thereof to be re- 
corded in the office of county clerk and recorder in each county in which a 
portion of such new district is situated. If the proposition carries in some 
county or counties and/or parts of counties but not in all portions of area 
sought to be included within the district, the board shall determine whether 
the area in which the proposition carried by a majority vote meets the 
requirements of section 75-4413, and if so shall establish the boundaries. 
If the proposition carries, the board shall also determine which candidates 
have been elected trustees under section 75-4417. Should the proposition to 
organize the district fail to receive a majority of the votes cast thereon 
above provided, no tabulation shall be made to determine the candidates 
elected trustees. 
History: En. Sec. 4, Ch. 274, L. 1965. 

75-4417. Election of trustees — districts from which elected — terms of 
office. In the organization election seven (7) trustees shall be elected at 
large, except, that should there be in such proposed community college 
district one or more high school districts or part of a high school district 
within the community college district with more than forty-three per cent 
(43%) and not more than fifty per cent (50%) of the total school census 
of the proposed district, as determined by the last school census, then each 
such district or part of district shall elect three (3) trustees and the re- 
maining trustees shall be elected at large from the remainder of the pro- 

341 



75-4418 ELECTION LAWS 

posed college district. Should any such high school district or such part of 
a high school district have more than fifty per cent (50%) of the total 
school census of the proposed district then four (4) trustees shall be 
elected at large from such high school district or such part of high school 
district and three (3) trustees at large from the remainder of the pro- 
posed college district. If the trustees are elected at large throughout the 
entire proposed district, the one receiving the greatest number of votes 
shall be elected for a term of seven (7) years, the one receiving the next 
greatest number of votes, for a term of six (6) years, the one receiving 
the next greatest number of votes, for a term of five (5) years, the one 
receiving the next greatest number of votes for a term of four (4) years, 
the one receiving the next greatest number of votes for a term of three 
(3) years, the one receiving the next greatest number of votes for a term 
of two (2) years and the elected one receiving the least number of votes 
for a term of one (1) year. If the trustees are elected in any manner other 
than at large throughout the entire proposed district, then the trustees 
elected shall determine by lot the one who shall serve for seven (7) years, 
the one who shall serve for six (6) years, the one who shall serve for five 
(5) years, the one who shall serve for four (4) years, the one who shall 
serve for three (3) years, the one who shall serve for two (2) years and 
the one who shall serve for one (1) year. Thereafter, all trustees elected 
shall serve for terms of seven (7) years each. 
History: En. Sec. 5, Ch. 274, L. 1965. 

75-4418. Notice of organization election — conduct of election. Notice 
of the organization election shall be given by the state board of education 
by publication in at least one (1) newspaper of general circulation in each 
county including any portion of the proposed community college district, 
once a week for three (3) consecutive weeks, the last insertion to be no 
longer than one (1) week prior to the date of election. The election shall be 
conducted in the same manner, at the same polling places and by the same 
election officials who are conducting elections on that day in each component 
school district. 

History: En. Sec. 6, Ch. 274, L. 1965. 

75-4419. Trustees' oath of office — officers of board — quorum — vacancies 
— seal. Newly elected members of the board of trustees shall be qualified 
by taking the oath of office prescribed by article XIX, section 1, of the 
constitution of Montana. The board shall be organized by the election of a 
president and vice-president and a secretary, said secretary may be or may 
not be a member of the board. The treasurer of the community college dis- 
trict shall be the county treasurer of tlie county in which the community 
college is situated. A majority of the board shall constitute a quorum for 
the transaction of busines.s, but no contract shall be let, teacher employed 
or dismissed, or bill approved unless a majority of the whole board shall 
vote therefor. Any vacancy occurring in the board shall be filled by appoint- 
ment by the remaining members of the board, and the persons appointed 
shall hold office until the next election held by such community college 

342 



SCHOOLS 75-4421 

district when a trustee shall be elected for the unexpired term. The board 
shall keep a common seal with which to attest its official acts. 
History: En. Sec. 7, Oh. 274, L. 1965. 

75-4420. Trustee elections after organization. After organization, the 
qualified voters of the community college district shall vote for trustees 
on the first Saturday in April, and such elections shall be held in the same 
manner and with elections being held in the component common school 
districts within the boundaries of such community college district. All 
costs incident to such community college trustee elections shall be borne 
by the community college district. Notice of all such elections shall be 
given by the board of trustees by publication in at least one (1) newspaper 
of general circulation within each county, at least once a week for two 
(2) consecutive weeks, the last insertion to be no longer than one (1) week 
prior to the date of election. Should trustees be elected other than at large 
throughout the entire district, then only those qualified voters within the 
district from which the trustee or trustees are to be elected shall cast their 
ballots for the trustee or trustees from that district. All candidates for the 
office of trustee shall file their declarations or [of] candidacy with the 
secretary of the board of trustees at least thirty (30) days prior to the date 
of election. If voting machines are not used in a common school district or 
districts which are within such community college district, then the board 
of trustees shall cause ballots to be printed and distributed for the polling 
places in such component districts at the expense of the community college 
district, but in all other respects said elections shall be held at the same 
time, in the same places and shall be conducted by the same officials for 
elections being held in such common school districts. The community college 
district shall reimburse to the common school district one-half (V2) of the 
costs of the common school district of the compensation actually paid by 
said common school district to the judges of such elections. The judges of 
election in each component school district, shall certify to the board of 
trustees of the community college district the total number of votes cast 
for each candidate and the votes cast on all questions submitted within 
fifteen (15) days after any election. Within forty-eight (48) hours there- 
after, at least a majority of the then qualified members of the board of 
trustees of such community college district shall jointly tabulate the results 
so received, shall declare and certify the candidates receiving the greatest 
number of votes for terms of seven (7) years each and until their successor 
shall have been elected and qualified and shall declare and certify the results 
of the votes cast on any question presented at such election. "Qualified 
voters," under the provisions of this act, shall mean those voters qualified 
to vote in the school election of the component common school district. 
History: En. Sec. 8, Cli. 274, L. 1965. 

75-4421. Meetings of board — notice — mileage allowance for trustees. The 

board of trustees shall hold monthy meetings within the community college 
district on the third Tuesday of each month or such other day of the month 
the board might set and may hold special meetings at any time and place 
which it may direct. The president and secretary of the board may also 

343 



75-4422 ELECTION LAWS 

call special meetings of said board at any time and place, if in their judg- 
ment necessity requires it. The secretary of the board shall notify the mem- 
bers of all regular and special meetings. The members of the board shall 
receive ten cents (100) per mile for distance necessarily traveled in 
going to and returning from the place of the meeting and his place of resi- 
dence each day that such trip is actually made. 
History: En. Sec. 9, Ch. 274, L. 1965. 

75-4422. Trustees not to have pecuniary interest in district contracts 
— advertising for bids. It shall be unlawful for any community college dis- 
trict trustee to have any pecuniary interest, either directly or indirectly, 
in the erection of any school building, or for furnishing or repairing the 
same, or be in any manner connected with the furnishing of supplies for 
the maintenance of the college, or to receive or to accept any compensation 
or reward for services rendered as trustee, except as herein provided. No 
board of trustees shall let any contract (except if the amount involved is 
less than two thousand dollars ($2,000) [)] for building, furnishing, repair- 
ing or other work or supplies for the benefit of the district, without first 
advertising in a newspaper published in each county wherein the area of 
the district lies for at least two (2) weeks, call for bids to perform such 
work or furnish such supplies. In all cases where advertising is required, 
the board shall award the contract to the lowest responsible bidder; pro- 
vided, however, that the board of trustees shall have the right to reject 
any and all bids. 
History: En. Sec. 10, Ch. 274, L. 1965. 

75-4423. Courses of instruction provided — tuition fees. A community 
college district organized under this act shall provide instruction, classes, 
school or schools for student residents within the community college 
district, in academic, occupational and adult education, subject to the ap- 
proval of the state board of education. The board of trustees of such 
district may in their discretion determine the per capita cost of such 
courses, file the same with the state board of education and upon ap- 
proval thereof by the state board of education, shall require of all non- 
district residents who are accepted as pupils, a tuition fee in such sum 
as may be necessary for maintenance of such course or courses. A 
different tuition may be established as between nondistrict residents 
residing within the state of Montana and those residing outside the 
state of Montana. In addition thereto, such board of trustees may charge 
resident students such amounts as it deems necessary to maintain such 
courses, taking into consideration such other funds as may be available 
under law for the support of such courses. 

History: En Sec. 11, Ch. 274, L. 1965; 
amd. Sec. 1, Ch. 229, L. 1969. 



75-4424. Employment of personnel — retirement of employees and 
trustees. The board of trustees shall appoint the employees of the com- 

344 



SCHOOLS 75-4426 

munity ooUe^i-e. define and assign their powers and duties and fix their 
compensation. 

The board of trustees and teaehers of a community college district shall 
be subject to and receive the benefits of chapter 27 of Title 75 of the Re- 
vised Codes of Montana, as amended, and hereafter amended. 
History: En. Sec. 12, Oh. 274, L. 1965. 

75-4425. Participation in foundation program and equalization fund — 
budgeting — special tax levy. A community collepre under this act shall be 
considered a free public .school for budjreting and financial purposes under 
chapter 36. Title 75 of the Revised Codes of Montana, 1947, as amended, 
and as hereafter amended. The term "average number belonging" for 
community colleges shall be determined by dividing the total number of 
eligible credits taken by eligible students by thirty (30). Eligible stu- 
dents for average number belonging calculation purposes shall be: (1) 
students who are under twenty-one (21) years of age for one-half or 
more of the quarter; (2) students who are not concurrently enrolled in 
an elementary or high school; (3) students enrolled in the summer quar- 
ter of the community college. Eligible credits for average number be- 
longing calculation purposes shall be: (1) credits taken by an eligible 
student; (2) credits taken in courses of instruction approved by the 
state board of education. Eligible credits for average number belonging 
calculation purposes shall not include: (1) credits taken in adult educa- 
tion courses; (2) credits dropped by the eligible student before the mid- 
point in the quarter; (3) credits taken in resident extension courses of 
the Montana university system. 

The moneys coming into the state public school equalization fund shall 
be distributed and apportioned to provide an annual minimum operating 
revenue for the community college in accordance with the schedules pro- 
vided for high schools under chapter 36, Title 75 of the Revised Codes of 
Montana, 1947, as amended and as hereafter amended. 

The community college district shall be subject to the budgeting laws 
of a joint high school district or a joint common school district maintaining 
a high school, in so far as they are applicable, provided, however, the budget 
of a community college district shall be complete and separate. 

Whenever the board of trustees of a community college district shall 

deem it necessary to raise money for college purposes in addition to its 

revenues from county and state apportionments, they may proceed in so 

far as applicable under sections 75-4609 and 75-4610 of the Revised Codes 

of Montana, 1947, as amended. A community college under this act shall 

be considered a school district for the purposes of section 75-1633, R. C. M. 

1947. 

History: En. Sec. 13, Ch. 274, L. 1965; 
amd. Sec. 1, Ch. 325, L. 1969. 

75-4426. Building construction and repairs — acquisition of land — tax 
levy — federal and state aid. The board of trustees of any community col- 
lege district is hereby vested with the power and authority to build, en- 

345 



75-4427 ELECTION LAWS 

large, alter, repair or acquire by purchase school buildings and dormi- 
tories; furnishing and equipping the same, and purchasing the necessary 
lands therefor and the board of trustees of any community college dis- 
trict is hereby authorized to levy an additional tax not exceeding ten 
(10) mills on the dollar of the taxable value of all taxable property within 
the district for these purposes; provided they shall first be authorized to 
do so by an election held of the qualified electors of the district who are 
taxpayers upon property within the community college district, called, 
noticed and conducted in so far as applicable by sections 75-4609 and 
75-4610 of the Revised Codes of Montana, 1947, as amended. The board 
of trustees of any community college district is further vested with 
the power and authority to borrow moneys from the United States or 
any of its agencies for the purpose of this section. The board of trus- 
tees of any community college district is hereby authorized to accept 
funds from the United States or the state of Montana, their instrumen- 
talities or any of their agencies in aid of any one or more of such pur- 
poses or in maintaining and operating the college. 

History: En. Sec. 14, Ch, 274, L. 1965; 
amd. Sec. 1, Ch. 235, L. 1969. 

75-4427. Acceptance of donations. All community college districts and 
its boards of trustees thereof on behalf of such districts are hereby au- 
thorized and empowered to accept gifts, legacies and devises, subject 
to the conditions imposed by the deed of the dower, or will of testator, or 
without any conditions imposed. 
History: En. Sec. 15, Ch. 274, L. 1965. 

75-4428. Disposition of surplus property — contracts for co-operation 
with school districts. Whenever there is within any school district any school 
property that is not required for the use of the school district and such 
property could be used for purposes of offering education beyond grade 
twelve or vocational and adult education by community college district, the 
boards of trustees of any school district is hereby authorized to lease or 
sell and convey the same to such community college district by negotiation. 
Any school district within or without the community college district is 
authorized to contract with a community college district to provide adult 
education courses for such school district and to exchange teachers. 
History: En. Sec. 16, Ch. 274, L. 1965. 

75-4429. Junior colleges authorized to continue — conversion to com- 
munity college. All junior colleges established prior to the effective date 
of this act shall be under the supervision of the state board of education 
and shall conform to the scholastic standards established by the board, 
but no such district may be dis.solved except as now provided by law and 
in no instance because it does not meet the standards for organization 
established by section 75-4413. The governing board of any such institution 
may, by resolution and by transmitting a copy of such resolution to the 
state superintendent of public instruction, establish a community college 

346 



SCHOOLS 75-4430 

district under this act, and name the same without compliance with sections 
75-4413 and 75-4416. 

If such governing board establishes a community college district it shall 
act as the board of trustees of the community college district until the next 
general school election held on the first Saturday in April as provided in 
section 75-4420 herein when all community college district trustees shall 
be elected as provided in section 75-4417 except that it will not in any way 
be considered an organization election. 
History: En. Sec. 17, Cli. 274, L. 1965. 



75-4430. Annexation of school districts to junior college or community 
college district — election. Whenever the junior or community college dis- 
trict board of trustees shall so resolve or whenever ten per cent (10%) of 
the qualified electors of the common school district or districts situate 
within one (1) county sought to be annexed indicate by a petition, filed 
with the secretary of the board of trustees of such junior college or com- 
munity college district, requesting the annexation of a common school 
district or districts situate within one (1) county to the said district, the 
board of trustees shall call an election on such annexation within not less 
than twenty-five (25) days nor more than sixty (60) days from the pas- 
sage of such resolution or the filing of said petition as the case may be. 
Notice of such election shall be given in the same manner as an election 
held to organize a community college district under this act. The election 
shall be conducted in the same manner, and those eligible to vote shall be 
the same as an election to organize junior college districts under this act. 
The board of trustees shall establish such polling places as it may deem fit 
within the area sought to be annexed. 
The question on the ballot shall be as follows : 

"Shall school districts be annexed to and become a part of the 

community college district of , Montana? 

□ For Annexation 

□ Against Annexation" 

The proposal to annex to carry, must receive a majority of the total votes 
cast thereon. The judges of the election shall within five (5) days after 
said election transmit the pollbooks, ballots and tally lists to the board of 
trustees of said community college district who shall canvass the vote and 
declare the results of the election and shall cause, if the annexation ques- 
tion carried, a certified copy of their canvassing resolution to be filed in 
the office of the county clerk and recorder of the county containing area to 
be annexed and upon such filing the area to be annexed shall then become 
a part of the community college district. 
History: En. Sec. 18, Oh, 274, L. 1965. 



347 



75-4516.1 ELECTION LAWS 

CHAPTER 45 
HIGH SCHOOL BUDGET ACT 
Section 75-4516.1. Levy of taxes. 

75-4516.1. Levy of taxes. (1) Basic high school levy. It shall be the 
duty of the county commissioners of each county in the state to levy an 
annual basic special tax for high schools of fifteen (15) mills on the dol- 
lar of the taxable value of all taxable property within the county, which 
levy shall be made at the time and in the manner provided by law for 
the levying of taxes for county purposes and which tax shall be collected 
by the county treasurer at the same time and in the same manner as 
state and county taxes are collected; provided that if a basic levy of 
less than fifteen (15) mills should be sufficient to meet the total of the 
approved budgets of all school districts and county high schools within 
the county, then such lesser basic levy shall be made. 

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