222
ELECTION LAWS
S^laSioS'^of ^^^- ^^- Reg'ular meetings of the Council shall be held
council. on the first Monday after the election of Councilmen,
and thereafter at least once each month. The Council
shall provide 'by ordinance for the time for holding regu-
lar meetings, and special meetings may be called from
time to time by the Mayor or two Councilmen. All
meetings of the Council, whether regular or special, at
^ which any person not a city officer is admitted, shall
be open to the public.
The Mayor shall be president of the Council and shall
preside at all its meetings and shall supervise all de-
partments of the city and report and recommend ..to the
Council for its action all matters requiring attention in
any department. The Council shall, at its first regular
meeting, select one of its members for vice president
of the Council, and in -case of a vacancy in the ofiice
of Mayor, or the absence or inability of the Mayor, ^ he
shall perform the duties of the Mayor.
Sec. 23. Every ordinance or resolution appropriating
money or ordering any street improvement or sewer,
or making or authorizing the making of any contract,
franchSesf ' etc. ^^' granting any franchise or right to occupy or use the
streets, highways, bridges or public places in the city
for au}^ 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 or right to
occupy or use the streets, highways, bridges or public
places in any such city shall be granted, renewed or ex-
tended, except by ordinance, and every franchise or p^rant
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 3291, 3292 and
3293, Revised Codes of Montana, 1907.
Sec. 24. No officer or employe elected or appointed
empioyes^not to be in any such city shall be interested, directly or indirectly,
cont7acf£ ^"^ in any contract or job for work or materials, or the profits
STATE OF MONTANA 223
thereof, or materials, supplies or services to ,be furnished
or performed for the city ; and no such officer or employe
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 railway, 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 employes shall accept or re- certain officers
ceive, directly or indirectly, from any person, firm or ?ra^nks? frl^paLes,
corporation operating within the territorial limits of said ^^^•
city, any interurban railway, 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 person, firm or cor-
poration, any other service upon terms more favorable
than is granted to the public generally. Any violation of
the provisions of this 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 heretofore provided by any
franchise or ordinance be affected by this section. Any
officer or employe of such city who, by solicitation or o^^^lrTlnd'^fm-^
otherwise, shall exert his influence, directly or indirectly, pioyes prohibited,
to influence other offi'cers or employes of such city to
adopt his political views or to favor any particular 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 misde-
meanor, and upon conviction shall be punished by a fine
not exceeding three hundred dollars or by imprisonment
in the county jail not exceeding thirty days.
Sec. 25. Immediately after organizing, the Council shall
, .. . , 1 /-" -1 o • r- • • Civil service com-
by ordinance appoint three Civil Service Commissioners, missioners,
who shall hold office, one until the first Monday in April tS-m'^'oroffict.''^
in the second year, one until the first Monday in April
of the fourth year, and one until the first Monday in
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ELECTION LAWS
OF THE
State of Montana
WITH
ANNOTATIONS
1914
: ; •. :r
J • • • • •
•• . . • •••••. ;•» :• : /.
Arranged and Compiled from Revised Codes of Montana and
Session Laws of 1909, 1911 and 1913,
Published by Authority
To the Electors of the State of Montana:
Under Section 607, Revised Codes of the State of
Montana, "it is the duty of the Secretary of State to
cause to be pubHshed, in pamphlet form, a sufficient
number of copies of this Title [Title II, Part III, re-
lating to Elections], and such other provisions of law
as bear upon the subject of elections, and to transmit
the proper number to each County Clerk, whose duty
it is to furnish each election officer in his county with
one of such copies." In obedience to the above com-
mand, I have caused to be prepared what is believed
to be a complete com<pilation of all laws dealing with
state, county, city and school district elections found in
the Revised Codes of 1907, and amendments thereto as
contained in the Session Laws of 1909, 191 1 and 1913.
A. M. ALDERSON,
;- f '< ''^'; v.^' : Secretary of State.
TABLE OF CONTENTS.
Pag-es.
Apportionme-nt and Representation 13^3
Ballots and Voting 84
Candi'dates — Certificates of Nomiination, Etc 'j'j
Canvassinig and Returning tihe Vote iii
Canvass of Returns 117
Cities — GoverrLment of 185
Comimissi'on Forlm of Government for Cities , 209
Constitutioinal Provisions Relating to Elections 3
Corrupt Practices Act 263
Counties — Government of 141
County Seats 165
Crimes Against Elective Francliise 296
Direct Primaries 32
Electors of President and Vice President 123
Election of Members of Congress 125, 131
Election Precincts 70
Election Proclamations 65
Initiative and Referendum 251
Initiative and Referendum' in Cities 203
Judges of Election 71
Judicial Districts and Officers 136
Local Option 181
Miscellaneo/us Provisions 67
New Counties 145
Opening and Closing of Polls 75
Po-ll Books 75
Preferential Primaries ifor President and Vice Presi-
dent 61
Primary Elections 57
Qualifications and Dlisabilities of Electors 68
Registration of Electors 7
Representative Districts 134
School Electioais 235
Time of Holding Elections 65
United States Senators — Nomination 127
United States Senators — Election 131
Voting 'Machines , 97
Womlan's Siuffrage, Constitutionial Am;endimient 5
278721
w
GENERAL PROVISIONS OF THE CONSTITUTION
OF MONTANA RELATIVE TO RIGHT OF
SUFFRAGE AND QUALIFICATIONS
TO HOLD OFFICE,
ARTICLE IX.
Sec. I. All elections by the people shall be by ballot.
Sec. 2. Every male 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 upon all questions which may be submitted
to the vote of the people: First, he shall be a citizen
of the Unite/d States ; second, he shall have resided 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 ; Provided,.
first, that no person convicted of felony shall have the
right to vote unless he has been pardoned; Provided,.
second, that nothing herein contained shall be construed
to deprive any 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. (See Proposed Amendment, p. — .)
Sec. 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 employed 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.
Sec. 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,.
^. ; >' ^^ ; : :53tBCTJ.0Tsr laws
' ■ Sec- 5. No elector shall be obliged to perform military
duty on the days of flection, except, in time of war or
public danger. ./■/..
Sec, 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 mili-
tary or naval place within the same.
Sec. 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 ome year next before his election or appoint-
ment.
Sec. 8. No idiot or insane person shall be entitled
to vote at any election in this State.
Sec. 9. The Legislative Assembly shall have the power
to ipass a registration and such other laws as may be
necessary to secure the (purity of elections and guard
against abuses of the elective franchise.
Sec. 10. Women shall be eligible to hold the office of
county superintendent of schools or any school district
office and shall have the right to vote at any school dis-
trict election.
Sec. II. Any person qualified to vote at general elec-
tions 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 qualifications
as may be prescribed by the Legislative Assembly for
city offices and offices hereafter created.
Sec. 12. Upon all questions submitted to the vote of
the tax-payers of the State, or any political division
thereof, women who are tax-payers 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.
Sec. 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.
STATE OF MONTANA
WOMAN'S SUFFRAGE.
(Amendment to Constitution.)
A Bill for an Act entitled: "An Act for the submission
to the qualified electors of the State of Montana of
an amendment to Section 2 of Article IX of the Con-
stitution of the State of Montana relating to rights
of suffrage and qualifications to hold office."
Be it enacted J^y the Legislative Assembly of the State of Montana:
Sec. I. That Section 2 of Article IX of the Constitu-
tion of the State of Montana be amended and that the
question of such amendment be submitted to the qualified
electors of the State of Montana at the next general
election.
Sec. 2. That Section 2 of Article IX of the Constitu-
tion of the State of Montana be and the same is hereby
amended to read as follows :
Sec. 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 ^lectcSs^unSer °^
and upon all questions which may be submitted to the amended section.
vote of the people : First, he shall be a citizen of the
United States; second, he shall have resided 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; Provided, first,
that no person convicted of felony shall have the right
to vote unless he has been pardoned ; Provided, second, j
that nothing herein contained shall be construed to de- \
prive any 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.
Sec. 3. Separate official ballots shall be used at the Ballots on this
. . amendment to be
general election to be held in November, 1914, which separate,
shall have printed thereon the words: "For the Amend-
ment to the Constitution relating to Rights of Suffrage
and Qualifications to hold Office," and the words :
"Against the Amendment to the Constitution relating to Form of ballots.
ELECTION LAWS
Rights of Suffrage and Qualifications to hold Office,"
and the elector shall designate his preference for either
of the propositions by making an X before the proposition
desired.
Sec. 4. All acts and parts of acts in conflict herewith
are hereby repealed.
Sec. 5. This act shall take effect and be in full force
after its passage and approval.
(Approved January 25, 1913; Laws 1913, Chapter i.)
STATE OP MONTANA
REGISTRATION OF ELECTORS.
(Act Approved March 12, 1913; Laws 1913,
Chapter 74, 6. 170.)
Section 1. County Clerk to be Registrar.
2. Establishment of Election Preckiicts.
3. Changes in Precincts.
4. Changing Wlard Boundaries.
5. Duty of County Surveyor.
6. Map of City to be Prepared.
7. Mode of Registration.
8. Registration Books to be Furnished.
9. Form of Books.
10. Nature of Entries.
11. Oath Subscribed by Elector.
12. Person Not Qualified on Day of Registration.
13. Registration Affidavits to be Preserved.
14. Arrangement of names in Register.
15. Where to Register.
16. Notaries Public May Register.
17. Elector Changing Residence.
18. Closing Registration Books.
19. Cancellation of Entries.
20. Challenges — Duty of Judges.
21. Residence^How Determined.
22. Naturalization Papers — Production — Loss.
23. Precinct Books — Preparation.
24. Printing List — Copies.
25. Precinct Book— Duty of County Clerk.
26. Judges of Election — Duties.
27. County Clerk to Mark Electors as "Voted."
28. Further Duties of County Clerk.
29. Registry Books — Copies — How Paid For.
30. Copies of Lists — Payment.
31. Refusal of City or School District to Pay — Procedure
32. Compelling Registry of Name.
33. Special Elections — Books Used.
34. Same — Duty of County Clerk.
35. Registration Necessary to Voting.
36. Power of Deputy Clerk.
37. Neglect of Oificial Duty — Penalty.
38. Chanllenges — Procedure.
39. Violations of Act— Penalty.
40. Clerical Assistance to County Clerk.
41.. Registration of Women.
42. Bond Elections.
43. Re-registration Unnecessary.
44. Repealing Clause.
45. Act Takes Effect— When.
8 ELECTION LAWS
An Act to amend .Chapter 113 of the Laws of 191 1 re-
lating to the Registration of Electors in Counties,
Cities, Towns and School Districts.
Sec. I. The County Clerk of each county of the State
County Clerk to ^' Montana is hereby declared to he ex-Officio County
be Registrar. Registrar of each county and shall perform all acts and
duties in this act provided, without extra pay or com-
pensation therefor. He shall have the custody of all
registration books and papers herein provided for.
Sec. 2. The Board of County Commissioners of each
Election precincts county shall establish a convenient number of election
how^lnd^wher?^*^' prccincts therein, and in the order establishing such pre-
cincts, the boundaries thereof imust be defined with as
much accuracy as practicable. The Board of County
Commissioners in establishing election precincts, as herein
provided, shall, in all incorporated cities or towns, estab-
lish such precincts in conformity with the boundaries
of the ward lines of the wards of the city or town as
established by the City Council thereof; Provided, that
the Board of County Commissioners m^y establish two
or more precincts within the boundaries of any one ward.
Sec. 3. The Board of County Commissioners or Board
cincts; procedure, of School Trustees may, at any meeting of said Board ot
County Comimissioners or School Trustees, change the
boundaries, create new or consolidate established pre-
cincts; but no precinct must be changed, altered, located
or established between the first day of January and the
first day of December in and during the year in which
a general election is or may be held within the State of
Montana, such changes, alterations, or modifications of
precinct boundaries must be certified to the, County Clerk
within three days after such order shall have Deen made.
All election precincts shall be numbered in numerical
order, but may be designated by a name in addition to
such number.
Sec. 4. The City Council of all incorporated cities and
Cities and towns, towns within the State of Montana shall certify to the
b?und^i?fis. ^^""^ County Clerk and Ex-Offiicio Registrar of the county
within which such city or town is situated, a description
by metes and bounds of the ward lines in such city or
town. The City Council of any city or town may change
STATE OP MONTANA 9
or alter the ward boundaries of any ward, but any ordi-
nance changing or altering the ward boundaries of any
ward must be finally passed in the period between the
20th day of November and 'the 31st day of December
of the same year. The City Clerk of any city or town
shall within ten days after any city or town may have
changed or altered the boundaries of any ward therein .
certify to the County Clerk of the county a full and c6m-
plete description of the changes and locations in said
boundaries of said wards.
Sec. 5. The County Surveyor of each county within
the State of Montana must, within ten days after the
Board of County Commissioners or Board of School
Trustees shall have established, changed, altered or modi- Maps to be pre-
^11, 1 • r • 1 ^- • ^ -i-i-- J.I- pared by county
fied the boundaries of any election precinct within the surveyor,
county or any school district thereof, make, prepare and
deliver to the County Clerk of the county a map correctly
designating and showing the boundaries of every election
precinct or school district within the county.
Sec. 6. The City Council of any city or town within
any county of the State of Montana shall, within ten
days after the ward lines of any city or town have been
established, changed, altered or modified, cause to be
prepared and delivered to the County Clerk of the county ,^ ^ ^
^ ^ -^ ^ -^ Maps to be pre-
in which the city or town is situated a map showing pared by city
, , , , . . , , council.
and designating correctly the boundaries of the wards
within such city or town ; such map shall also have desig-
nated thereon the street, avenue or alley numbers of all
streets, avenues or alleys showing such numbers, at the
beginning of the ward boundaries and at the ending
thereof.
Sec. 7. The County Clerk and Ex-Offiicio Registrar of
each county shall keep and enter in registers, to be desig-
nated as precinct registers, the names of the qualified
electors in the respective precincts of said county. The
County Clerk shall register the names of all qualified Sy^what^°hours!^^~
electors at his office and not elsewhere between
the hours of nine a. m. and five p. m. on all legal days,
in the manner as hereinafter provided. Such general
registration of all voters shall be required but once, and
any person once registered shall thereafter, so long as he
10
ELECTION LAWS
Name to be re-
moved, when.
Form
cate.
of certifi-
remiains a qualified elector of the precinct from which
he registers, shall be entitled to vote; Pt-ovided, the names
of any qualified elector who shall fail to vote at any-
general election, shall, by the County Clerk, in the man-
ner hereinafter provided, be removed from the precinct
register, and he may not thereafter vote until he has
again registered. During the period oif thirty days im-
mediately preceding any general or special election and
during a period of thirty days immediately preceding
any primary nominating, municipal or school election, in
school districts of the first class, such registration shall
be closed and no person during the period herein Sipecified
immediately preceding any general or special, primary
nomianting, municipal or school election in school dis-
tricts of the first class shall be permitted to register for
such election. The County Clerk as Ex-Officio Registrar,
m'ust write in red ink on the line below the last entry
on each page of the precinct registers the words, "Closed
on account of election to be held on "
The County Clerk, upon the issuance of the certificate
herein provided for, shall make note thereof on the pre-
cinct register of the precinct in which the elector regis-
tered, at the time of the issuance of the certificate by
legibly stamping opposite elector's name as it appears
on said precinct register the words, "Must present cer-
tificate." The said certificate shall be in the following
form:
ss.
State of Montana,
County of
This is to certify that , whose
name appears on the register books of
County, under date of in Precinct
No , is entitled to vote in any precinct in
County, upon presentation and
surrender of this certificate to the Judges of Election,
at the precinct in which the above named elector desires
to vote.
Witness my hand and seal of
County, State of Montana, this day of ,
19...
County Clerk and Ex-Officio Registrar.
STATE OF MONTANA
11
and form of
Sec. 8. The Board of County Co-m-missioners, School Registration books
Trustees in school districts of the first and second class, ^^ ^® furnished,
and the City Council who have charge and control of
the election in the several counties, cities and towns,
or school districts of the first class, shall provide and
furnish to the County Clerk not later than the first day
of January, 1915, and biennially thereafter for each elec-
tion precinct of the county, city or school district of the
first class, registration books which shall be of sufficient
strength and durability for the temporary registration
provided for. Such books s'hall be of convenient size, and
shall be arranged for the registration of the names in size, arrangement
alphabetical divisions, each alphabetical division to be books.^
composed of ruled columns, with appropriate headings,
under which the information obtained by the registry
officer concerning the proper statements, answers and
statements made by each elector to be registered in com-
pliance with this act, shall be recorded. Such registration
book shall be in substantially the samie form as hereafter
provided. Such registration books shall be so arranged
that the precincts created by the Board of County Com-
missioners shall show and be arranged in numerical
order.
Sec. 9. Said precinct registers and all registry books
furnished for precinct or ward registers shall be in sut)-
stantially the following form:
Offiicial Register of Electors of Precinct,
County, Montana
NUMBER
DATE
VOTED
NAME IN FULL
Form of Registry
Books.
OCCUPATION
AGE
HEIGHT
NATIVITY
Naturalized, when and where Residence,
12 ELECTION LAWS
giving street No or Sec. and Twp.
Postoffice Address Length of Time in
School District State, County or City
City Ward Physical Disa'bilities
Number If Any
Remarks
Sec. lo. The County Clerk as Ex-Ofificio County Regis-
rar must enter, on the precinct registers hereinbefore
provided for, under the proper heading, the number and
date of the registration, the name in full, the occupation.
Nature of entries, ^he age, height and nativity of the elector and when the
person so registered is o;f foreign birth, the fact of the
exhibition of, or failure to exhibit, his certificate of
naturalization or a certified copy thereof must be noted
in the column, provided for that purpose, a particular
description of the house, building or room in which he
resides, such as will enable a person of common intelli-
gence to find the same without difficulty, the postoffice
address of the elector, the length of time the elector has
resided within the state, county, city or school district
within which the elector resides, the number of the ward
of the city within which the elector resides, any physical
disabilities that the elector may have must be noted in
the column provided for that purpose, which lists properly
entered as in this section provided, is to be known as the
"precinct registers" of the electors of the respective elec-
tion precincts. If any person fails or refuses to give
answer in any particular, as may be required by question
of the county clerk, he must not be registered.
Sec. II. Every person applying to 'be registered m^ust,
before he is entitled to have his name registered, take
and subscribe the following oath or affirmation, if able
STATE OF MONTANA 13
to do so, and if not, the Clerk or deputy shall write the mti?t°''sublfribf ^^
applicant's name and note the fact of his inability to °^^^-
subscribe same, which must be administered by the
County Clerk as Ex-Officio County Registrar, except as
herein otherwise provided:
Oath of Elector.
State of Montana, /
County of ^ \
No
I, the undersigned elector, do solemnly swear (or
affirm) that my name and signature as signed below is ^°^"^ °^ °^^^-
my true name and signature ; that my full name is
; occupation ;
my age is years ; that my height is
feet inches ; that I was born in ;
that I was naturalized (when) at ;
that my residence is No street, or
upon Section . , Township , N. R.
West ; my postoffiice address is
; length of time in State
years ; that I reside in School District No ,
City Ward No , Precinct No , and
that I am able to mark my ballot (or I am unable to
mark my ballot by reason of being physically disabled
in the following particulars ) ;
that I am a citizen of the United States ; that I have
resided within the State of Montana for a period of
at least one year last past and in the Coiunty of |
more than thirty days last
past, and in the City of for a period
of at least six months last past immediately preceding
this election ; that I am not registered elsewhere within
i-jie State oif Montana, so help me God, under the pains
and penalties of perjury.
Subscribed and sworn to before me this day
of , I9-.-
County Clerk and Ex-OfEcio County Registrar.
By ■••••
14 ELECTION LAWS
Sec. 12. If any applioant for registration applies to be
registered who has not resided within the State of Mon-
tana, or the county or city in [for] the required length of
time, and who shall be entitled to and is qualified to
Person not quaii- register on or before ithe day of election, provided he
?egist?ation— °^ answers the questions of the County Clerk in a satis-
procedure. factory manner and it is made to appear to the County
Clerk that he will be entitled to become a qualified elector
by the time upon which the election is to be held, the
County Clerk shall accept such registration and enter
the elector's name in the precinct registers. If any person
applies to be registered who is not a citizen of the United
States but states that he will be qualified to be registered
as a citizen of the United States before the time upon
which the election is to be held, the County Clerk shall
accept such registration, but shall write opposite the
name of such person the words, "To be challenged for
want of naturalization papers,' 'and such person shall
not be entitled to vote unless he exhibits to the judges
of election his final naturalization papers.
Sec. 13. The County Clerk of each county shall keep
and preserve, in the manner hereinafter provided, all
affidavits as provide'd for in Section 11 of this act, and
Registration affi- shall number them in numerical order, according to the
davits to be pre- . . , . , , . . t tt i n i
served. time m which the person is registered. He shall have
all affidavits signed by any elector who has registered,
bound together in book form in volumes containing affi-
davit of electors to the number of two hundred, and
bound volumes of affidavits shall be kept and preserved
' by the County Clerk as public records, and the affidavits
contained therein shall be accepted by all courts of the
State of Montana as conclusive proof that the electors
signing such affidavits made the statements in said affi-
davits.
Sec. 14. When electors make the affidavits provided
nameT'^^''^ ""^ foi" i" this act, the County Clerk shall arrange in the
precinct registers, the school district registers in school
districts of the first class, and the registers for the
precincts of any city or town the names alphabetically
according to surnames in the separate precinct registers
for county, city, town or school precincts in school dis-
STATE OF MONTANA 15
trkts of the first class, but the same numiber given the
elector in the precinct registers shall be given him in
each of the several separate registry books.
Sec. 15. Every elector residing within the county may
be registered by personally appearing at the Clerk's office
and complying with the provisions of this act, but if any
elector entitled to register, and who resides more than
ten miles distant from the court house of said county. Where elector may
or if said elector is unable, for any reason, ito conveniently
register as aforesaid, he may register, without charge,
before a Notary Public or a Justice of the Peace of the
county in which he resides, by making out, or having
made out in his presence, one of the affidavits provided
for in Section 11 of this act.
Sec. 16. The County Clerk shall, upon application sup-
ply any Justice of the Peace or Notary Public with a
sufficient number of blank affidavits as provided for in Duties and com-
this act, free of charge ; each Justice of the Peace or uces^of^^the Pea^eT
Notary Public who shall register electors shall, at the
time he administers oath to the elector, enter their
names in the record book kept by him for that purpose,
in alphabetical order, according to surname and the
date of application for registration. He shall not charge
the elector anything, but he shall be entitled to receive
from the county the sum of twenty-five cents for each
elector so registered by him, whose affidavit has been
duly filed with the county clerk. After each general and
special election, the County Commissioners shall audit
such bills and order payment in accordance therewith. .
The County Clerk upon receipt of the affidavit of any /
elector, made out in proper form and in the manner re-
quired by this act, from any Justice of the Peace or
Notary Public, shall forthwith enter upon the proper
precinct register the facts contained in such affidavit.
The County Clerk shall file such affidavit of registration
and give it the proper numerical number to which it is
entitled, and such affidavit shall be kept and preserved
by the County Clerk in the same manner as all other
affidavits of electors who may have made application to
register. The Justice of the Peace or Notary Public
who registers an elector as hereinbefore provided must
16
ELECTION LAWS
Elector changing
residence — proced-
ure.
Affidavit.
cause the affidavit of the elector to be delivered, or mailed.,
postage (prepaid, to the County Clerk within five days
after the elector makes the affidavit, and if any Notary
Public or Justice of the Peace shall fail so ito deliver or
mail the said affidavit to the County Clerk as herein re-
quired, he shall be liable upon his official bond to the said
elector in a penal sum of one hundred dollars to be re-
covered by the elector in an action in the district court.
, Sec. 17. Every elector on changing his residence after
registering may, writhin the time for registering, cause
his former registration to be cancelled by a request in
writing to the County Clerk where he is registered, which
request in writing shall be accompanied by an affidavit
of the eledtor in the following form:
State of Montana,
County of
ss.
I, the undersigned elector, do solemnly swear (or
affirm) that my name and signature, as signed below,
is my true name and signature. If I have not personally
signed, it is for the following reason :
and it was signed
by request by the attesting officer. That while a resi-
dent of Precinct, in County,
Montana, I registered, but on day of ,
19.., I moved my residence to Section ,
Township , Range , County,
Montana, or if in a city or town to No street,
in the City of .' ; I occupy room No.
of the floor ; that at the time of
making my original registration I was at the age of
years and stated the fact to be that I was born
in , and that I was naturalized
and became a citizen of the United States by
; that my height was feet
and inches I therefore request the cancel-
lation of my registration in said precinct, in
County, Montana, and that I be registered to conform
to my present address.
Elector.
STATE OP MONTANA 17
Subscribed and sworn to before me this day of
, 19.., Justice of the Peace in and for
the County of , or Notary Public
for the State of Montana, residing at .
My commission expires
Such affidavit shall he filed with the County Clerk where
the elector was registered. The County Clerk shall com-
pare the signature of the elector with the signature upon Duty of clerk in
^, „ , . - , . . 1 • 1 1 1 , cancelling regis-
tne amdavit tor the registration which the elector seeks tration.
to have cancelled, and if the County Clerk is satisfied
of the genuineness of the affidavit for cancellation, he
shall file the said affidavit and request, and page the same
with the precinct registers of the county, city or school
districts of the first class in red ink, drawing a line
throug'h the elector's name and writing ''cancelled" and
the number of the page where the affidavit and the re-
quest is found, and attest the cancellation by signing his
own signature. Thereupon the elector may be re-regis-
tered in the same manner as if he were making an original
registration. If any elector who, having previously been re-registered,
registered as provided in this act, remove from said
county to another county in the State of Montana, he
shall file with the County Clerk of the county to which
he has moved and wherein he then resides two affidavits,
made in duplicate and in the form provided in this sec-
tion. Upon the filing by the elector of such affidavits in
duplicate, together with the affidavit required by Section
II of this act, the registration of such elector in the
county wherein he has previously been registered shall /
be deemed cancelled and such elector shall thereafter be '
entitled to be registered in 'the county where he then
resides. Upon filing the duplicate affi'davits, as required
in Section 17 of this act, with the County Clerk of the
county wherein such elector then resides, 'the said County
Clerk shall forthwith, and not more than two days there-
after, transmit to the County Clerk of the county wherein
such elector was previously registered, one of the dupli-
cate affidavits for cancellation of the previous registration
of said elector. Upon the receipt of such duplicate affi-
davit of the elector as in this section provided, the County
Clerk shall thereupon cancel the registration o<f the elector registration! °^ °^
18 ELECTION LAWS
ill the proper precinct registers of said county, in the
manner and as provided for the cancellation of electors
in this act.
Sec. i8. All electors residing in the town or incor-
Eiectors must ap- porated cities which is the county seat, or who reside
pear personally. -.i • , •, ^ ji i ^ .
Within ten miles o-f the court house of said county and
where the County Clerk has his office, shall personally
appear in the Clerk's office and comply with the pro-
visions of this section in order to be registered. The
County Clerk shall close all books of registration for the
full period of thirty days prior to and before any general
election, and for the full period of thirty days immedi-
ately preceding any primary nominating election and for
Registration books the full period of thirty days immicdiately preceding any
city, town or municipal election, or municipal election,
or municipal primary election, or school district election,
and in red ink write on the line below where the last
elector registered, "Closed on account of election to be
held on " He shall
then, immediately, in the index pages in the precinct
registers, opposite the name of each precinct, in writing
certify the number of electors registered in each precinct
and sign his name and title, and fix the seal of the county
thereto, and he shall immediately transmit to the Secre-
tary of State a certificate showing the numiber of voters
registered in each precinct in said county; he shall like-
wise close the books of the precinct registers of each pre-
cinct, or the precinct books for each municipal corpora-
tion, or the precinct books of each, school district, and
certify in each of the precinct registers the total number
of electors registered in each precinct, and not cancelled,
and sign the same with his official title and affix the
seal of the co*unty thereto. Whenever the period during
which said book is to remain closed preceding any pri-
mary, municipal or school election, shall occur 'during the
saiTiiC period within which any elector would 'be entitled
to register, to vote at a general or special election, said
books shall be closed only insofar as the registration of
electors for the particular election to be held. Any
elector offering to register who will not be entitled to
vote at the particular election for which said books of
STATE OF MONTANA 19
registration are closed shall not be entitled to register.
The County Clerk of each county must cause to be pub- publication of no-
lished in each newspaper publication within his county Jeg1st?ition°%'J5ks.
for thirty (30) days before which time when such registry
books shall be closed for any general or special election,
primary or nominating election, city, town or municipal
election, or municipal primary election, or school election,
a notice signed by him to the effect that such registry
book shall be closed on the day provided by law, and
which day shall be specified in such notice; and must
also state that electors may register for the ensuing elec-
tion by appearing before the County Clerk at his office, ^°^""^ ''°"'^^-
or by appearing before a Justice of the Peace, or Notary
Public in the manner provided hy law. The publication
of such notice must continue for the full period of thirty
days.
The County Clerk must at least thirty (30) days before
the time when such registration books shall be closed
for any general or special election, primary nominating
election, city, town or municipal election, or municipal cancellations to be
primary election, or school election, cause to l^e posted in ^^^^' ^^^"•
not less than three (3) conspicuous places of such pre-
cinct in his county, notice of such publication, notice
O'f which shall be kept posted until the registration book
shall be closed for the ensuing election.
Sec. 19. The County Clerk of each county must cancel
the entry made in the precinct registers in all precinct
registers in the following cases:
1. At the request of the party registered.
2. When he knows of the death or removal of the per-
son registered from the county or when at any time
it shall be made to appear, by the affidavits of two credit-
able and responsible, duly registered and qualified electors
of ihe county, that any registered person is dead or per-
manenth' removed from the county, which said affidavits
shall be placed on file by the County Clerk.
3. When the insanity of the person registered is legally
established.
4. Upon the production of a certified copy of the judg-
ment of conviction of any elector of any felony, in full
force against the person registered, or upon information
20
ELECTION LAWS
Manner of cancel-
lation.
Challenges, filed
where and when.
of such conviction obtained as hereinafter provided.
5. Upon the production of a certified copy of the ]ud^-
ment of any court directing- the cancellation to be made.
6. In all other cases in the manner provided by the
fiovisions of this act.
All cancellation on precinct registers, made in accord-
ance with and under the provisions of this act, by the
Ccunty Clerk and Ex-Offiicio Registrar, shall be made
by drawing a line through and across the entry of regis-
tration to be cancelled and the County Clerk shall enter
the date and cause, upon, the precinct registers and such
cancelled name shall not appear in the printed list of
registered voters, or in the certified copy of the list of
registered voters to be furnished to the judges of election.
Sec. 20. At any time not later than the fifth day prior
to any general or special city or town, school district or
primary nominating election, a challenge may be filed
with t)ie County Clerk, signed by a qualified elector, in
writing, and duly verified by the afiidavit of the elector,
that the elector designated therein is not entitled to regis-
icr. Such affidavit shall state the grounds of challenge,
objection and disqualification. The County Clerk shall
file the affidavit of challenge in his office as a record
thereof. The County Clerk must deliver a true and cor-
rect copy of any and all of such affidavits so filed, chal-
lenging the right of any elector to vote who has been
so registered at the same time, and together with the
copy of the precinct registers and check lists, and other
papers required by this act to be delivered to the judges
of election, as in this act provided, and he must write
distinctly opposite to 'the name of any person to whose
qualification as an elector objections may be thus made,
the words. 'To be challenged." It shall be the duty of
?iectionf ^^^^^^ °^ the judges of elf^rtinn, if on election day, such person
who has been objectea and challenged applies to vote,
to . test, under oath, his qualifications. Notwithstanding
the elector is registered, his right to vote may be chal-
lenged on the day of election by any qualified registered
elector, orally stating, to the judges of election, the
grounds of silch objection or challenge to the right of
any registered elector to vote.
STATE OF MONTANA 21
I't is the duty ^of the judges of election when it appears
that any elector offers to vote and is either challenged
by a duly qualified registered elector, on election day,
or if an affidavit of O'bjection to the right of such elector
to vote has been filed with the County Clerk and the
copy of the precinct registers furnished to the judges
of election have endorsed thereon, opposite to the name
of such elector: "To be challenged," to test the qualifi-
ca'ti'ons of the elector and ask any questions that such
judges may deem proper, and shall compare the answers
of the elector to such questions with the entries in the •
precinct register books, and if it be found that said elector
is disqualified, or that the answers given by such elector,
to the questions propounded by the judges, do not cor-
respond to. the entry in the precinct registers, or that
said elector is disqualified from any cause under the law, when person shall
or if he refuses to take an oath as to his qualifications, fo^JJl ^^""""^"^^
he shall not be permitted to vote. The judges of election,
in their discretion, may require such elector to produce
before them one or more freeholders of the county, and
they niay deem necessary, amd have them examined under
oath, as to the qualifications of the elector.
Sec. 21. For the purpose of registration or voting, the
place of residence of any person must be governed by
the following rules as far as they are applicable: Residence, how '
1. That place, must be considered and held to be the determined.
residence of a person in which his habitation is fixed, and
to which, whenever he is absent, he has the intention of
returning. /
2. A person must not be held to have gained or lost • (
a residence by reason of his presence or absence while
employed in the service of the United States, or of this
State, nor while a student at any institutiom of learning,
nor while kept at any alms house or other asylum at
the public expense, nor while confined in any public
prison, nor while residing on any Indian or military
reservation.
3. No soldier, seaman or marine in the army or navy
of the United States shall he deemed a resident of this e?c^'^''' ^^^'^^'"'
State in consequence of being stationed at any military
or naval place within the same.
22 ELECTION LAWS
4. A person must not be considered to have lost his
residence who leaves his. home to go into another state,
or other district of this state, for temporary purposes
merely with the intention of returning, iprovided he has
not exercised the right of the election franchise in said
state or district.
5. A person must not be considered tO' have gained
a residence in any county into which he co'mes for tem-
porary purposes merely without the intention of making
such county his home.
6. If a person removes to another State with the in-
tention of making it his residence, he loses his residence
in this State.
7. If a person removes to another state with the in-
tention of remaining there for an indefinite time, and as a
place of present residence, he loses his residence in this
State, notwithstanding he entertains an intention of re-
turning at some future period.
8. The place where a man's family resides is presumed
his place of residence, but any man who takes up or
continues his abode with the intention of remaining, or
a place other than where his family resides, must be
regarded as a resident of the place where he so abides.
9. A change of residence can only be made by the
act of removal jointed with the intent to remain in another
place. There can only be one residnce. A residence can-
no't be lost until another - is gained.
10. The term of residence must be computed, by in-
cluding the day on which the person's residence com-
mences and by excluding the day of the election.
11. Any person living upon an Indian or military
Indian or military reservation shall not be deemed to be a resident of Mon-
reservations. tano, within the meaning of this chapter, unless such
■person has acquired a residence in some county in Mon-
tana prior to taking up his residence upon such Indian
or military reservation. Provided, that if such person
shall not be in the employ oi the government while resid-
ing upon such Indian or military reservation, such person
shall not be considered a resident of the State of Mon-
tana.
STATE OF MONTANA 23
Sec. 22. When a naturalized citizen applies for regis-
tration his certificate of naturalization or a certified copy Naturalization
thereof must be produced and stamped, or written in ink Kfs^^^etc^^°^"^^^°^'
by the registry agent with such registry agent's name
and the 3^ear and day and county where presented, but
if it satisfactorily appears to the registry agent, by the
affidavit of the applicant (and the affidavit of one or more
creditable electors as to the credibility of such applicant
when deemed necessary), that his certificate of naturaliza-
tion or a certified copy thereof is lost or destroyed or
beyond the reach of the applicant for the time being, said
registry agent must register the name of said applicant,
unless he is by law otherwise disqualified ; but in case
of failure to produce the certificate of naturalization or a
certified copy thereof, the registry agent must propound
the following questions :
1. In what year did you come to the United States.
2. In what State or Territory, county, court and year
were you finally admitted to citizenship?
3. Where did you last see your certificate of naturaliza-
tion, or a certified copy thereof?
The said affidavit must be retained by the registry agent
and returned with the register to the Coiunty Clerk. No
person shall be required to exhibit his naturalization
papers or make said affidavit a second time, where he has
been a continuous resident of the district and where his
name is upon the official register in the possession of the
registry agent.
vSec. 23. During the time intervening between the clos-
ing of any registration of electors and the day of the I
. 1 . , ^ /-I 1 r 11 Preparation of
next ensumg election, each County Clerk must careiully precinct books. '
copy from the offiicial register into suitable books, two
for each election precinct within his district, the names
of the electors registered for such election precinct alpha-
betically arranged, entering opposite each name the num-
ber it bears on the offiicial register, together with the
words requiring challenges and all other entries therein
found opposite the name.
Sec. 24. The County Clerk shall at least ten days pre-
ceding any general or special city or town election, or
school district election in districts of the first class, or
24. ELECTION LAWS
Printing a list of pj-imarv nominatiri'or election, cause to be printed a list
•electors, copies. t' j j-> - r
of all electors entitled to be registered and who are on
the precinct registers as entitled to vote in the several
precincts of such county, city or tov^n, or school district
of the first class. Such printed list of registered electors
shall contain the name Oif the elector in full, together
with his residence and the registry number. The expense
of printing said list shall be paid by the said county, city,
town or school district in which the election is to be held.
The County Clerk shall cause to be posted, not less than
eight days before any such election as in this act provided
for, at least five copies of such printed registry lists in
at least five conspicuous places within the said precinct,
a copy of the Mist of registered voters, and shall retain a
sufficient number of said printed lists of registered voters
' in his office as may be necessary. He shall furnish to
any qualified elector of the city, town, school district or
cotmty, applying therefor, a copy of the same.
Sec. 25. The Co'unty Clerk shall not less than five
days preceding any said town or city election, transmit
Precinct registra- to the City or Town Clerk two certified copies of the
ni°shed^^by° cierk!^" p^ecinct register for each precinct contained in any city
or town, which certified copies of sard precinct registra-
tion shall be the official register for such city or town
election, and not less than five days preceding any school
district election, in school districts of the first class, the
County Clerk shall transmit to the 'clerk of the school
board of such sdhool district of the first class one copy
of the precinct register, for each precinct contained in the
said school district. The City or Town Clerk, or clerk
of the school board of any school district of the first
class, shall deliver to the judges of election of each pre-
cinct the certified copies of such registration for such
precinct as herein provided for, and as certified to them
by the County Clerk. The County Clerk at least two
days before any general, special or primary no^minating
election, shall deliver to one of the judges of election
of the precinct within which such general or special, or
primary nominating election is to be held, two certified
copies of the electors registered and entitled to vote in
s:rch precincts.
STATE OF MONTANA 25
Sec. 26. The judges of election in each precinct, at
every general or special election, shall, in the precinct
register book, which shall be certified to them hy the
County Clerk, mark a cross (X) upon the line opposite JJ^^election. ^^^^^^
to the name of the elector. Before any elector is per-
mitted to vote the judges of election shall require the
elector to sign his name upon one of the precinct register
books, designated by the County Clerk for that purpose,
and in a column reserved in the said precinct books for
the signature of electors. If the elector is not able to
sign his name he shall be required by the judges to pro-
duce twio freeholders who shall make an affidavit before
the judges of election, or one of them, in substantially
the following form:
State of Montana, (
County of f ^^•
We, the undersigned witnesses, do swear that our names
and signatures are genuine, and that we are each per- '
sonally acquainted with
(the name of the elector) and that we knbw that he is
residing at , and
that we believe that he is entitled to vote at this elec-
tion, and that we are each freeholders in the county, ,
which affidavit shall be filed by the judges, and re-
turned by them to the County Clerk, with the return of
the election; one of the judges shall thereupon write
the elector's name, and note the fact of his inability to
sign, and the names of the two freeholders who made the /
affidavit herein provided for. If the elector fails or re- I
fuses to sign his name, and if unable to write fails to
procure two freeholders who will take the oath herein
provided, he shall not be allowed to vote. The judges '
of election shall immediately after the election and can-
vass of returns of said election, deliver to the County
Clerk one copy of the official precinct register, and the
other copy of said official precinct register to the County
Clerk, sealed, with the election returns and poll books,
which have been used at said general or special election,
and said judges of election shall deliver to the County
Clerk said official precinct register not later than seven
26
ELECTION LAWS
County clerk to
mark names of
persons as
"voted."
Further duties of
clerk as to pre-
cinct registers.
days after any general or special election held within the
State of Montana.
Sec. 27. The County Clerk, as soon as ipracticable after
every general or special election, and not later than the
31st day of December thereafter, shall mark in the pre-
cinct register, opposite to the name of each elector regis-
tered therein, in the proper precinct, with a cross (X)
in the column under the word "Voted," opposite to the
name of such elector, as such electors may he shown to
have voted by the offijicial precinct register, delivered by
and returned to^ the Co'unty Clerk, by the judges of elec-
tibn for each precinct within the county.
Sec. 28. The County Clerk of each county shall, be-
tween the 1st and 20th day of January, 1915, and bi-
ennially thereafter, copy into the precinct register for
the preceding two years, which are upon such precinct
register for the preceding two years, and which said
names of electors shall have voted at the general election
in November, 1914, and biennially thereafter. The County
Clerk shall n'ot enter upon the precinct register the name
of any elector which may have been entered upon the
precinct register for the preceding two years which shall
have been cancelled for any cause, or which does not show
that the elector voted and exercised the privilege of fran-
chise in the general or special November election pre-
cedin'g it. The County Clerk shall, at the same time,
make and enter into the precinct registers for the several
precincts in the county, school district and cities or towns,
situate within said county, the names of the electors as
shown by the official register, as residing within such
precincts. The precinct register shall be closed and no
person shall be entitled to register between the first
day of January, 191 5, and the 20th day of January, 191 5,
inclusive, but said iprecinct register shall be closed for
all purposes except for the purpose of transferring the
names to the precinct registers of the several precincts.
The precinct registers herein provided for, in the year
1915, and biennially thereafter, shall constitute and be the
O'ffiicial register for the ensuing two years. The County
Clerk shall enter into the precinct registers the names
of all electors entitled thereto, in addition to the names
STATE OP MONTANA 27
entered into the said precinct register, and taken from
the precinct register of the preceding two years.
Sec. 29. The County Clerk of the county shall receive,
for the use and benefit of the county, from every city precinct registers,
or town, and from every school district, for making and ^^"^ "^^^^ ^°^'
preparing the copies of the precinct registers, the sum
of two cents for each and every name entered therein.
The cost of furnishing lists and cost of publications an-
nouncing of the closing of the precinct registers for city
and school electio-ns shall be paid by the city and school
districts. The City or Town Council or Board of School
Trustees shall order a warrant drawn for such sum as
may be due for such copies of the offiicial precinct regis-
ter, to be used in city or school election within thirty
days after the presentation to them of a bill or account
showing the amount due from the County Clerk.
Sec. ^o. The County Clerk shall furnish to anv person Copies of lists,
•^ " r 1 cleric to furnish,
or persons who in writing may request a copy of the when,
official precinct registers of any county, city or school
district precinct, and upon delivery thereof s'hall charge
and collect for the use and 'benefit of the county the
sum of two cents for each and every name entered in
such official precinct register.
Sec. 31. The County Clerk shall, if the city or Council
or Board of School Trustees fail, negkct or refuse to
furnish the proper number of precinct registers for pre- ^lerk to procure
cincts within the city or town or school district, procure how^^paid^To^!'
precinct registers therefor, and the cost thereof shall be
a charge against the city or school district and shall be
paid for by the City Council or Board of School Trustees,
in the same manner as is provided for copies of the
official precinct registers.
Sec. 32. In any action or proceeding instituted in a
District Court to compel the County Clerk to make and to^^elisTel^ ^name,
enter the name of any elector in the precinct register, as ^^^^^ ^^'
many persons may be joined as plaintiffs for cause of
action and as many persons as there are causes of action
against, may be joined as defendants.
Sec. 33. At any special election held for any purpose
in any county, copy of the offiicial register and check books used.
list which were printed or written before and used at the
28
ELECTION LAWS
Special elections
duty of county
clerk.
Persons not reg-
istered cannot
vote.
last preceding general election must be used and no new
registration need be made. (Held inoperative in the case
of State ex rel. Kehoe v. Stromme, decided by the Su-
preme Court on February i6, 1914.)
Sec. 34. Before the day on which such special election
is appointed to be held, the County Clerk m-ust furnish
one of the judges in each election precinct, at a time
not later than one day next preceding the day of election,
a copy of the official register and dheck list for his pre-
cinct, but no copies need be posted.
Sec. 35. No person shall be entitled to vote at any
election mentioned in this act unless his name shall, on
the day of election, appear in the copy of the official
precinct register or check list, furnished by the County
Clerk to the judges of election, at the precinct at which
he offers to vote ; and the fact that his name so appears
in the check list and in the copy of the official precinct
register, in the ipossession of the judges of election, shall
be prima facie evidence of his right to vote; Provided,
that when the judges shall have good reason to believe,
or when they shall be informed by a qualified elector
that the person offering to vote is not the person who
Proving identity, was SO registered in that name, the vote of such person
shall not be received until he shall have proved his
identity as the person who was registered in that name.
''An Act to amend Section 35 of Chapter 113 of the
Session Laws o'f 191 1 of the State of Montana, relating
to the Registration of Electors and providing that
Electors otherwise qualified shall not be required to
register in order to vote at School Elections in School
Districts of the Third Class.
Be it enacted by the Legislative Assembly of the State of Montana:
Persons not regis- Section I. No person shall be entitled to vote at any
tered cannot . vote, gie^tion mentioned in this act, except as- hereinafter pro-
vided, unless his name shall, on the day of election, appear
in the copy of the official register or check list, furnished
by the County Clerk to the judges of election, at the pre-
cinct at which he offers to vote; and the fact that his
name so appears in the check list and in the copy of the
STATE OF MONTANA 29
offiicial register, in the possession of the judges of elec-
tion, shall be prima facie evidence of his right to vote.
Provided, that when the judges shall have good reason
to believe, or when they shall be informed by a qualified
elector that the person offering to vote is not the person
who was so registered in that name, the vote of such
person shall not be received until he shall have proved
his identity as the person who was registered in that
name, and it heing expressly provided that any elector
otherwise qualified shall not be required to register in
order to vote at a school election, general or specini. m
a school district of the third class; and that no 'CO|.y of Registration not
the official register or check list shall be furnished by the schSor^e]e?tiT)*?s^ fn
County Clerk to the judges of election of any school tmrT ciaL's^"'*' °^
election that may hereafter be held in this State in any
school district of the third class. (Approved February
14, 1913; Laws 1913, Chapter 19, p. 19.)]
Sec. 36. — Wherever in this act the word "County Clerk"
appears, it shall be construed as extending and giving clerk.
authority to any regularly appointed Deputy County
Clerk.
Sec. 2)7' Any person or persons or any offiicer of any
county, city or town or school district, who, under the ^^ , , ^ «. . ,
-''-'. . ' Neglect of official
provisions of this act, are required to perform any duty, duty, penalty,
who shall wilfully or knowingly fail, refuse or neglect
to perform such -duty, or to comply with the provisions
of this act, shall, upon conviction, be fined in a sum of
not less than three hundred dollars ($300.00), nor more
than one thousand dollars ($1,000.00) or by imprisonment
in the county jail for a period of not less than three
months and no more than one year. U'pon the conviction
of any officer of the violation of the provisions of this
act, the Judge of the District Court hearing such proceed-
ing shall, at the time of rendering judgment of conviction,
include in such order of conviction, an order of the court
that such ofiicer he removed from offiice.
Sec. 38. If any -person offering to vote at any primary
election be challenged by a judge or any qualified elector
at said election, as to his right to vote thereat, an oath
shall be administered to him by one of the judges that Challenges, pro-
CGdur© rGiGction
he will truly answer all questions touching his right to
ELECTION LAWS
place
or,
misdemean-
Violations of act
penalties.
vote at such election, aii'd if he refuse to answer any
question which may be put to him touching his right to
vote at such election, or if it appear that he is not a
qualified voter under the provisions of this act, his vote
SfouiS? poiung^ ^^ ^^^^^ ^^ rejected; and if any person whose vote shall be
so rejected shall ofifer to vote at the same election, at
any of the polling places, he shall be deemed guilty of a
misdemeanor.
Sec. 39. Any person who shall make false answer,
either for himself or another, or shall violate or attempt
to violate any o-f the provisions of this act, or knowingly
encourage another to violate the same, or any public
offi'cer or officers or other persons upon whom any duty
is imposed 'by this act, or any of its provisions, who shall
v/ilfully neglect such duty, or shall wilfully perform it
in such way as to hinder the objects and purposes of this
act, shall, excepting where some penalty is provided by
the terms of this act, be deemed guilty of a felony, and
upon conviction thereof shall be punished by imprison-
ment in the State prison for a period of not less than
one year or more than fourteen years, and if such person
be a public officer, shall also forfeit his office.
Sec. 40. It shall be the 'duty of the Board of County
'Co'm'missioners of each county to provide the County
Clerk thereof with sufficient help to enable him to prop-
erly perform the duties imposed upon him by this act.
Sec. 41. The names of women shall not be registered
in any precinct register which is to be used at an election
at which women are not entitled to vote, and the names
of women who have been regularly registered shall be
•carried forward into the new registration books, unless
the said women fail to vote at an election at which wo'men
are entitled to vote.
Sec. 42. The provisions of this act shall apply to
bond elections in school districts of the first and second
class. Provided, that any elector of the district who has
already registered as provided for in this act for any
general or municipal election shall not be required to re-
register for • said bond election.
Sec. 43. Nothing herein contained shall be construed
as requiring any person who has heretofore registered
Assistance to
clerks.
Registration of
women.
Bond elections.
STATE OF MONTANA 31
in any county under the provisions of Section 7, Chapter
113, Laws of Montana of 191 1, to re-register.
Sec. 44. All acts or parts of acts and all aniiendments
thereto in conflict herewith are hereby repealed.
Sec. 45. This act shall he in full force and effect from
and after its passage and approval by the Governor.
32 ELECTION LAWS
DIRECT PRIMARIES.
A Bill to Propose by Initiative Petition a Law to Provide
for Party Nominations by Direct Vote.
Section 1. Construction of Law.
2. Time for Holding Primaries.
3. Election Notice.
4. Law Applicable to Cities and Towns.
5. Counting Ballots.
6. Canvass of Votes.
7. Ballot Boxes to be Locked and Sealed.
8. Party Nominations — How Made.
9. Filing of Petitions for Nominations.
10. Form of Petition.
11. Signatures Required on Petition.
12. Qualifications of Signers.
13. Time for Filing Petitions.
14. "Register of Candidates" to be Kept.
15. Papers, etc.. Open to Inspection.
16. Death or Withdrawal of Candidate.
17. Duty of Secretary of State.
18. Duty of County and City Clerks.
19. Printing of Ballots.
20. Form of Ballots.
21. Sample Ballots.
22. United States Senators.
23. Canvass of Returns.
24. Duty of County Clerk After Canvass.
25. Correction of Errors.
26. Late Returns — Duty of Secretary.
27. Official Misconduct — Penalty.
28. Notice of Contest.
29. Contest — How Heard.
30. Same — Statutes Applicable.
31. Same — How Tried.
32. Powers of Central Committees.
33. Violation of Act — Penalty.
. 34. Party Platforms.
35. Penalty for Bribery.
36. Penalties.
37. Penalties.
38. General Election Laws — Applicable.
39. Repealing Clause.
Be It Enacted by the People of the State of Montana:
Sec. I. Whenever the provisions of this law in opera-
tion prove to be of doubtful or uncertain meaning, or not ;
suffiiciently explicit in directions and details, the general
STATE OF MONTANA 33
laws of Montana, and especially the election and re'gistra- Construction of
tion laws, and the customs, practice, usage and forms
thereunder, in the same circumstances or under like con-
ditions, s'hall be followed in the construction and operation
of this law, to the end that the protection of the spirit and
intention of said laws shall be extended so far as possible
to all primary elections, and especially to all primary
nominating elections provided for by this law. If this
proposed law shall be approved and enacted by the peo-
ple of Montana, the title of thfs bill shall stand as the
title of the law.
Sec. 2. On the seventieth (70) day preceding any gen-
eral election (not including special elections to fill va-
cancies, municipal elections in towns and cities, irrigation priSfarfes^. ^° '^^'^^
district and school elections) at which public officers in
this state and in any district or county are to be elected,
a primary no^minating election shall be held in accordance
with this law in the several election precincts comprised
within the territory for which such officers are to be elected
at the ensuing election, which shall be known as the
primary nominating election, for the purpose of choosing
candidates by the political parties, subject to the pro-
visions of this law, for Senator in Congress, and all other
elective state, district and county officers, and delegates
to any constitutional convention or conventions that may
hereafter be called, who are to be chosen at the ensuing
election wholly by electors within this Sta,te, or any sub-
division of this State, and also for choosing and electing
county central committeemen by the several parties sub-
ject to the provisions of this law.
Sec. 3. It shall be the duty of the County Clerk, thirty
days before any primary nominating election, to prepare
printed notices of such election, and mail two- of said
notices to each ju'dge and clerk of election in each pre- -^^^^ ^^ county
cinct; and it shall be the duty of the several judges and ^lerk.
clerks immediateJy to post said notice in piublic places
in their respective precincts. Said notices shall be sub-
stantially in the following form:
Primary Nominating Election Notice.
Notice is hereby given that on , the .... day
. 1 • 1 -r. • r Notice of primary
of , 19. ., at the , m the Frecmct 01 elections.
34
ELECTION LAWS
Law applicable
cities and towns,
to
Duties
clerks.
of city
, in the County of , Montana,
a primary nominating election will be held at which the
(insert names of political parties subject to this law)
will choose their candidates for state, district, county,
precinct and other offices, namely (here name the offices
to be filled, including- a Senator in Congress when the
next Legislative Assembly is to elect a Senator, delegates
to any constitutional convention then called, and candi-
dates for county central committeemen to be elected) ;
which election will be held at 12 o'clock, noon, and will
continue until 7 o'clock in the afternoon of said day.
Dated this day of , 19. . . .
, County Clerk.
Sec. 4. The nomination of candidates for municipal
offices by the political parties subject to the provisions
of this law . shall be governed by this law in all incor-
porated towns and cities of this State having a population
of two thousand and upward as shown by the last pre-
ceding national or state census. All petitions by the
members of such political parties for placing the names
of candidates for nomination for such municipal offices
on- the primary nominating ballots of the several political
parties shall be filed with the City Clerk of said several
towns and cities, and it shall be the duty of such officers to
prepare and issue notices of election for such primary
nominating elections in like manner as the several county
clerks perform similar duties for nominations by such
political parties for county offices at primary nominating
elections. The duties imposed by this law on the County
Clerk at primary nominating elections are hereby, as to
said towns and cities, designated to be the duties of the
City»Clerk of said towns and cities as to primary nomi-
nating elections of the political parties subject to the
provisions of this law. Provided, that in cities and towns
the primary nominating election shall be held on the
fourteenth day preceding their municipal elections. Under
the provisions of this law the lawfully constituted legis-
lative and executive authorities of cities and towns within
the provisions of this section shall have such power and
authority over the establishment of municipal voting pre-
cincts and wards, municipal boards of judges and clerks
STATE OF MONTANA 35
of election and other officers of their said municipal elec-
tions, and other matters pertaining to municipal primary-
nominating- elections required for such cities and towns
by this law, that such legislative and executive authori-
ties have over the same matters at their municipal elec-
tions for choosing the public officers of said cities and
towns. ,
Sec. 5. Immediately after the closing of the polls at a
primary nominating election, the clerks and judges of ^^^^^^^^^ ballots,
election shall open the ballot boxes at each polling place
ai?d proceed to take there fro-m the ballots. Said officers
shall count the number of ballots cast by each political
party, at the same time bunching the tickets cast for
each political party together in separate piles, and shall
^,hen fasten each pile separately by means of a brass clip, .
or may use any means which shall effectually fasten each '
pile together at the top of each ticket. As soon as the
clerks and judges have sorted and fastened together the
ballots separately for each political party, then they shall
take the tally sheets provided by the County Clerk and
shall count all the ballots for each political party sep-
arately until the count is completed, and shall certify to
the number of votes for each candidate for nomination
for each office upon the ticket of each party. They shall
then place the counted ballots in the box. After all have
been counted and certified to by the clerks and judges
they shall seal the returns for each of said political parties
in separate envelopes, to be returned to the County Clerk.
Sec. 6. Tally sheets for each political party having
candidates to be voted for at said primary nominating
election shall be furnished for each voting precinct by the
County Clerk, at the same time and in the same manner
tliat the ballots are furnished and shall be substantially f^J^^'*^"^
as follows :
"Tally sheet of the primary nominating election for
(name of political party) held at
Precinct, in the County of , on the
day of , 19. .."
Ihe names of the candidates shall he placed on the
tally sheets .and numbered in the order in which they
appear on the offiicial and sample ballots, and in each
'dQ
ELECTION LAWS
case shall have the proper political party desig-nated at
the head thereof.
The following shall be the form of the tally sheets kept
by the judges and clerks of the primary nominating elec-
tion under this law, containing the number and name of
each person voted for, the particular office for noiminatioji
to which each person was voted for, the total number
of votes cast for each candidate for nomination. The
tally or count as it is kept by each of the clerks shall
be audibly announced as it proceeds and shall 'be kept
in the manner and form as follows :
No.
Name of
Candidate
Office
Total vote
received
No.
Tally 5
No.
Tally 10
No.
Tally 15
12
12
18
14
12
13
14
12
13
14
13
The columns for the numbers I2, 13, 14, etc., shall not
be over three-eighths of an inch wide. The column for
the tallies shall be three-eighths of an inch wide, the lines
shall be three-eighths of an inch apart; every ten lines
the captions of the columns shall be reprinted between
doiuble-ruled lines in bold-faced sm;all pica, and all figures
shall be printed in bold-faced small pica. The tally sheets
shall conclude with the following form of certificate :
We hereby certify that at the above primary nominating
election and polling place each of the foregoing named
persons received the number of votes set opposite his
name, as above set forth, for the nomination for the office
specified.
, Chairman. , Clerk
(Who kept this sheet.)
, Judge , Clerk.
, Judge , Clerk.
(Who kept the other sheet.)
During the counting of the ballots eadh clerk shall, with
pen and ink, keep tally upon one of the above tally sheets,
of each political party, and shall total the number of
tallies and write the total in ink immediately to the right
Canvass of votes, of the last tallies for each candidate, and also in the
STATE OF MONTANA 37
columns headed ''Total vote," and shall prepare the cer-
tificate thereto aboive indicated; and imimediately upon
the completion of the count, all the clerks shall sign the
tally sheets, and each of them shall certify which sheets
were kept by him; and the chairman and the judges,
being satisfied of the correctness of the same, shall then
sign all of said tally sheets. The clerks shall then pre-
pare a statement of that portion of the tally sheets show-
ing 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 thereto, which statement shall be signed by
the judges and clerks who complete the count, and shall
be immediately posted in a conspicuous place o'n the oiut-
side of said polls, there to remain for ten days.
Sec. 7. Immediately after canvassing the votes in the
manner aforesaid, the judges and clerks who complete
the coiunt, before they separate or adjourn, shall inclose
the poll books in separate covers and securely seal the
same. They shall also inclose the tally sheets in separate
envelopes and seal the same securely. They shall also taiiy s^heelisr'^how
envelope all the ballots fastened together, as aforesaid, ^^^p°^^^ °^-
and seal the same securely; and they shall be in writing,
with pen and ink, specify the contents, and address each
of said packages upon the outside thereof to the County
Clerk of the county in w'hich the election precinct is
situated. These sealed packages of counted ballots shall
be marked on the outside, showing what numbers are
contained therein, but once sealed they are not to be
opened by any one until so ordered by the proper court.
When the count is completed, the ballots counted and
sealed, and enveloped and marked for identification as
aforesaid, shall be packed in the two ballot boxes, and
nothing else shall be put into the boxes. The 'boxes
shall then be locked, and the official seal of the board
shall be pasted over the keyhole and over the rim of the
lid of the box, so that the box cannot be opened without
breaking the seal. Thereafter neither the County Clerk
nor the canvassers making the abstracts of the votes .
shall break the said seals upon the ballot boxes, nor shall
any one break the seals on the boxes or the ballots, except
upon the order of the proper court in case of contest,
38 ELECTION LAWS
or upon the order of the county board when the boxes
are needed for the ensuing election.
Sec. 8. Every political party shall nominate all its
candidates for public office under the provisions of this
law, and not in any other manner; and it shall not be
allowed to nominate any candidate in the maner provided
by Section 521 of the Revised Codes of Montana, 1907.
Every political party and its regularly nominated candi-
how ^made!^^^ ^^^' dates, members and officers, shall have the sole and ex-
clusive right to the use of the party name and the whole
thereof, and no candidate for office shall be permitted to
use any word of the name of any other political party
or organization than that by which he is nominated. No
independent or non-parisan candidate shall be permitted
to use any word of the name of any existing political
party or organization in his candidacy. The names of
candidates for public office nominated under the pro-
visions of this law shall be printed on the official ballots
for the ensuing election as the only can.didates of the
respective political parties for such public office in like
manner as the names of the candidates nominated by
other methods are required to be printed on such official
ballots.
Sec. 9. Before or at the time of beginning to circulate
Filing of petitions ^^7 petition for nomination to any office under this law,
for nomination. ^I^^ person who is to be a candidate for such nomination
shall send by registered mail or otherwise, to the Sec-
retary of State, or the County Clerk or City Clerk a copy
of his petition for nomination, signed by himself, and
such copy shall be filed and shall be conclusive evidence
for the purpose of this law that said elector has been a
candidate for nomination by his party. All nominating
petitions and notices pertaining to State or district offices
to be voted for in more than one county, and for Judges
of the District Court, shall be filed in the office of the
Secretary of State; for county offices and district offices
to be voted for in one county only, shall be filed with
the County Clerk; and for all city offiices, in the office
of the City Clerk.
Sec. ID. Any qualified elector who has filed his petition
shall have his name printed on the official nominating
STATE OF MONTANA 39
ballot of his party as a candidate for nomination for any Jo^^ ot petition
^ , . . "^ for nomination.
office at any primary nominating election held under the
provisions of this act, if there shall be filed in bis behalf
a petition signed as herein required, and substantially
in the following form:
To (address of the officer with whom
the petition is to be filed, and to the members of the
party and the electors of (State),
Counties of .,..., comprising the
District, (County), (city), (as the case may be), in the
State of Montana —
I, , reside at ,
and my postoffice address is If I
am nominated for the office of at the
primary nominating election to be held in the (State of
Montana), (district), (county), city),^ the day of
, 19. ., I will accept the nomination
and will not withdraw, and if I am elected I will qualify
as such officer.
If I am nominated and elected I will, during my term
of office (here the candidate, in not exceeding one hundred
words, may state any measures or principles he especially
advocates, and the form in which he wishes it printed
after his name on the nominating ballot, in not exceeding
twelve words).
In case of an elector seeking nomination for the office .
of Senator or Representative in the Legislative Assembly,
he may include . one of the following two statements in ^
his petition; but if he does not do so, the Secretary of
State or County Clerk, as the case may be, shall not on
that account refuse to file his petition:
Statement No. i.
I further state to the people of Montana, as well as to
the people of my legislative district, that during my term
of office I will always vote for that candidate for United
States Senator in Congress who has received the highest
number of the people's votes for that position at the
general election next preceding the election of a Senator
in Congress, without regard to my individual preference.
(Signature of the candidate for nomination.)
40 ELECTION LAWS
If the candidate shall be unwilling to sign the above
statement, then he may sign the following statement as
a part of his petition :
Statement No. 2.
During my term of^ office I shall consider the vote of
the people for Untied States Senator in Congress as
nothing more than a recommendatioin, which I shall be
at liberty to wholly disregard, if the reason for doing
so seems to me to be sufficient.
(Signature of the candidate for nomination.)
Every such petition shall be signed as above by the
elector seeking such nomination. There shall be a sep-
arate leaf or sheet signed as above on every such petition
for each precinct in which it is circulated. After the
above, and on separate sheet or sheets, shall be the fol-
lowing petition :
To , (Secretary of State for Montana),
or to , the County Clerk for the County
of , Montana, (or to
City Clerk of ), (as the case may be).
We, the undersigned members of the party
and qualified electors and residents of . precinct,
in the County of ...., State of Montana,
respectfully request that you will cause to be printed
on the offiicial no'minating baHot for the
party, at the aforesaid primary nominating election, the
name of the above signed (name of
applicant) ag a candidate for nomination tO' the office
of (title of office) by said party.
Form.
Name Postoffice Address
Street and Number, if any Precinct
Name
PostofBce Address Street and number, if any
Precinct
Each and every leaf or sheet of said petition containing
signatures shall be verified in substantially the following
form by one or more of the signers of said petition :
State of Montana, Co'Unty of , ss.
I, , being first duly sworn, say :
STATE OF MONTANA 41
I am personally acquainted with all the persons who
have signed this sheet of the foregoing petition, and I
personally know that their signatures thereon are genuine ;
and I believe that their postofifijce address and residence
are correctly stated and that they are qualified electors
and members of the party.
(Signature of affiant.)
Subscribed and sworn to before me this day of
• , I9---
(Signature and title of officer before whom oath is made.)
Sec. II. The vote cast 'by a political party in each vot-
ing precinct for Representative in Congress at the last
preceding general election shall be the basis on which eiectors^requlred
the percentage for petitions shall be (counted. In the °'' petition,
case of any political party not represented by any candi-
dates for any ofii'ce on the ballot at the last ipreceding
general election, nomination papers must be signed by
as many voters as are required in the case of the candi-
dates of tthe p'arty requiring the least nunibers of signa-
tures entitled, as herein provided, to a place on the ballot
at such primary. If the nomination is for a municipal
offi(ce, or for an office to be voted for in only one county,
the necessary number of signers shall include electors
residing in at least one-fifth of the voting precincts of the
county, municipality or district ; if it be a State or district
office, land the district comprises more than one county,
the necessary number of signers shall include electors
residing in each of at least one-eighth of the precincts
in each of at least two counties in the district; if it be
an office to be voted for in the State at large, the neces-
sary number of signers shall include electors residing in
each of at least one-tenth of the precincts in each of at
least seven counties of the State; if it be an office to be
voted for in a congressional district, the necessary number
of signers shall include electors residing in at least one-
tenth of the precincts in each of at least one-fourth of
the counties in such district. The number of signers
required on every such petition shall be at least two
per cent of the party vote in the electoral district as
42
ELECTION LAWS
above stated: Provided, that the whole num'ber of sign-
ers required on a nominating petitio'n under the provisions
of this law for siny office to be voted for in the State at
large, or in a congressional district, shall not exceed one
thousand, nor in any other case shall the whole number
required exceed five hundred signers. All the leaves or
sheets making one petition shall be fastened together
before they are forwarded to the proper officers for filing.
mori°uian^one^^^^ There shall not be in any petition the name of more than
petition.
Qualifications
signers.
of
Time for Filing
petitions for
nominations.
one candidate for nomination. Any elector may sign
more than one nominatig petition required by this law
for the same office. It shall be unlawful for any person
to sign another person's name to any petition required
by this law. It shall be unlawful for any person to sign
any nominating petition required by this law unless he
is a qualified elector. Any names or signatures placed
on any petition in violation of the provisions of this law
shall not be counted in computing the number of signers
necessary to make the same a valid and effective petition.
Sec. 12. No person who is not a qualified elector shall
be qualified to join in signing any petition for nomination,
or to vote at said primary nominatig election. But this
shall not be construed to prevent any member of any
party from signing a petition for the nomination of any
independent or non-partisan candidate after the primary
nominating election, nor shall it be construed to prevent
any qualified elector from signing petitions for more than
one candidate for the same office on one party ticket.
Sec. 13. All petitions for nomination under this act for
offices to be filled by the State at large, or by any district
consisting of more than one county, and nominating
petitions for Judges of District Courts in districts con-
sisting of a single county shall be filed in the offiice of
the Secretary of State not less than twenty days before
the date of the primary nominating election; and for
other offices to be voted for in only one county, or district
or city, every such petition shall be filed with the County
Clerk or City Clerk, as the case may be, not less than
fifteen days before the date of the primary nominating
election.
STATE OF MONTANA 43
Sec. 14. The County Clerk, Secretary of State, and the
City Clerk of towns and cities having two thousand in-
habitants or more shall keep a book entitled "Register
of Candidates for Nomination at the Primary Nominating
Election," and he shall enter therein, on different pages didft^JsJ ""^ ''^''~
of the book for the different political parties subject to
the provisions of this law, the title of the offiice sought
and the name and residence of each candidate for nomi-
nation at the primary nominating election; the name of
his political party; the date of receiving the first copy
of his petition signed by the candidate ; the words he
wishes printed after his name on the nominating ballot,
if any; the date of receiving his petition; the number
of signatures thereon, and the number of signatures
required to make a valid and sufficient petition for nomi-
nation to said office by his political party, and such other
information as may aid him in arranging his official ballot
for said primary nominating election. Immediately after
the canvass of votes at a primary nominating election
is completed, the County Clerk, Secretary of State, or
City Clerk, as the case may be, shall enter in his book
marked "Register of Nominations," the date of such entry,
the name of each candidate nominated, the office for which
he is nominated, and the name of the party making the
nomination.
Sec. 15. Such registers of candidates for nomination,
and of nominations and petitions, letters and notices, and Papers open to
other writings required by law, as soon as filed, shall ^"^^®°*^ °'^*
be public records, and shall be open to public inspection
under proper regulations; and when, a copy of any such
writing is presented at the time the original is filed, or
at any time thereafter, and a request is made to have such
copy compared and certified, the officers with whom such
writing was filed shall forthwith compare such copy with
the original on file, and, if necessary, correct the copy
and certify and deliver the copy to the person who pre- Disposition of poll
sented it on payment of his lawful fees therefor. All °° ^'
such writings, poll books, tally sheets, ballots, and ballot
stubs pertaining to primary nominating elections under
the provisions of this act shall be preserved as other
records are for two years after the election to which they
44 ELECTION LAWS
pertain, at which time, unless otherwise ordered or
restrained by some court, the County Clerk shall destroy
the bajllots and ballot stubs,^ 'by fire, without any one
inspecting- the same.
Sec. i6. The provisions of Sections 529 and 530, Re-
vised Codes of Montana, 1907, shall apply to nomina-
tions, or petitions for nominations, made under the pro-
visions O'f this law, in case of the death of the candidate
or his removal from the State or his county or electoral
Notice of death district before the date of the ensuing- election, but in
or withdrawal. j^q other case. In oase of any such vacancy by death
or removal from the State, or from the county or elec-
toral district, such vacancy may be filled by the com-
mittee which has been given power by the political party
or this law to fill such vacancies substantially in the
manner provided by Section 529 and 530, Revised Codes
of Montana, 1907.
Sec. 17. Not more than twenty days and not less than
seventeen days before the day fixed by law for the primary
nominating electiou the Secretary of State shall arrange,
in the manner provided by this law, for the arrangement
of the names and other information, upon the ballots, all
Duty of secretary the names of and information concernine: all the candi-
of state. . . . 1 . 1-
dates for noimiflation contamed in the vailid petitions for
nomination which' have been filed with him in accordance
with the provisions of this law, and he shall forthwith
certify the same under the seal of the State, and file the
same in his ofii/ce, and make and trans'mit a duplicate
thereof by registered letter to the County Clerk of each
county in the State, and he shall also post a duplicate
thereof in a conspicuous place in his ofiiice, and keep the
same posted until after said primary nominating election
has taken place. In case of emergency the Secretary of
State may transmit such duplicate by telegraph.
Sec. 18. Not more than fifteen days and not less than
twelve days 'before the day fixed by law for the primary
nominating- election, the County Clerk of each county,
or the City Clerk of each city, as the case may be, sub-
?nd^ city ^Tierks. j^^t to the provisions of this law, shall -arrange in the
manner provided by this law for the arrangement of the
names and other information concerning all the candi-
STATE OF MONTANA 45
dates and parties named in the valid petitions for nomi-
nation whidh have been filed with him and those which
have been certified to him by the Secretary of State, in
accordance with the provisions of this law ; and he shall
forthwith certify the same under the offilcial seal of his
office, and file the same in his office, and make and post
a duplicate thereof in a conspicuous place in his office,
and keep the same posted until 'after the primary nomi-
nating election has taken place; and he shall forthwith
proceed and cause to be printed, according- to law, the
colored sample 'baillots and the official voting ballots re-
quired by this law.
Sec. 19. All blanks, ballots, poll books and other sup-
pi es to be used at any primaries shall be provided, and
all expenses necessarily incurred in the preparation for, printing of ballots
or conducting such primaries shall be paid out of the
treasury of the county in the same manner and 'by the
same officers as in the case of elections. Not later than
o;ie day next preceding any primary the County Clerk
must furnish one of the judges of the primaries in each
precinct with a copy of the offiicial register and a dheck
list for the precinct.
Sec. 20. At all primaries there shall be a ballot made
up of Ihe several party \tickets herein provided for, each
of which shall 'be printed on a separate sheet of white
paper, all o^f which shaill be of the same size, and all
shall be securely fastened together at the top and folded,
provided that there shall be as many separate tickets as
there are parties entitled to participate in said primary
election.
The names of all candidates shall be arranged alpha-
betically according to surnames, under the appropriate
title of the respective officers, and under the proper party
designation upon the party ticket. If any elector write
upon his ticket the name of any person who is a candi-
date for the same offitce upon som>e other ticket than that
upon which his name is so written, this ballot shall be
counted for such person only as a candidate of the party
upon whose ticket his name is written, and shall in no
case be counted for such person as a candidate upon any
other ticket. In case any person is nominated, as pro-
Form of ballot.
46
ELECTION LAWS
Manner of voting.
Sample ballots.
vided in this act, upon more than one ticket, he shall
forthwith file with the Secretary of State or County Clerk
a written declaration indicating the party designation un-
der which his name is to be printed on the official ballot,
for the primary election, failing in which his name shall
be printed upon the party ticket for which the greater
number of nominating signatures have been filed for such
candidate and no candidate shall have his name printed
on more than ond ticket. The ballots with the endorse-
ments shall be printed on white paper in substantially
the fofm of the Australian ballot used in general elec-
tions, except that the candidates of each party shall be
printed on a separate sheet. After preparing his ballot,
the elector shall detach the same from the remaining
tickets and fold it so that its face will be concealed and
the official, stamp thereon seen. The remaining tickets
attached together shall be folded in like manner by the
elector, who shall thereupon, without leaving the polling
place, vote the marked ballot forthwith, and deposit the
remaining tickets in the separate ballot box to be marked
and designated as the blank ballot box. Immediately
after the canvass the judges of election shall, without
examination, destroy the tickets deposited in the blank
ballot box.
Sec. 21. There shall be provided and furnished at each
primary nominating election for each election precinct for
each voter at least two official ballots intended to be
voted, and a like number of the colored sample ballots.
The sample ballots shall be duplicate impressions of the
official ballots to be voted, but in no case shall they be
white, nor shall the sample ballots have perforated stubs,
nor shall they have the same margin either at the top
or sides or bottom, as the offiicial voting ballots have,
or nearer thereto than twelve points. These colored sam-
ple ballots shall be furnished as soon as printed, at any
time before the primary nominating election by the re-
spective County or City Clerks in reasonable quantities,
to all electors applying for the same; and on the day of
said election, under the direction and control of the judges
at each polling place, said colored sample ballots shall
be given in proper quantities to all electors applying for
them.
STATE OP MONTANA 47
Sec. 22. At all general primary nominating elections
next preceding the election of a Senator in Congress by
the Legislature of Montana there shall be placed upon
the official primary nominating election ballots, by each
of the County Clerks and clerks of the county board, 2irs!^ ®^*^' ^^'"'
the names of all candidates for the office of Senator in
Congress, for whose nominations petitions have been duly
made and filed under the provisions of this law, the votes
for which candidates shall be counted and certified to
by the election judges and clerks in the same manner
as the votes for other candidates; and records of the
vote for such candidates shall be made out and sworn
to by the board of canvassers of each county of the State
and returned to the Secretary of State at the time and
in like manner as they shall transmit other records and
returns required by this law.
Sec. 23. On the third day after the close of any pri- canvas of returns,
mary nominating election, or sooner if all the returns
be received, the County Clerk, taking to his assistance
two Justices of the Peace of the county of different po-
litical parties, if practicable, shall proceed to open said
returns and make abstracts of the votes. Such abstracts
of votes for nominations for Governor and for Senator
in Congress shall ,be on one separate sheet for each po-
litical party, and shall be immediately transmitted to the •
Secretary of State in like manner as other election re-
turns are transmitted to him. Such abstract of votes
for nomination of each party for Lieutenant Governor,
Secretary of. State, Attorney General, State Auditor, Su-
perintendent of Public Instruction, Railroad Commission-
ers, Clerk of the Supreme Court, State Treasurer, Justices
of the Supreme Court, members of Congress, Judges of
the District Court, and members of the Legislative As-
sembly, who are to be nominated from a district com-
posed of more than one county, shall be on one sheet,
separately for each political party, and shall be forthwith
transmitted to the Secretary of State, as required by
Section 24 of this act. The abstract of votes for county
and precinct offices shall be on another sheet separately j^^^ ^^ county
for each political party; and it shall be the duty of said derks.
clerk immediately to certify the nomination for each
48 ELECTION LAWS
party and enter upon his register of nominations the
name of each of the persons having the highest number
of votes for nomination as candidates for members of
the Legislative Assembly, county, and precinct offices,
respectively, and to notify by mail each person who is so
nominated; Provided, that when a tie shall exist between
two or more persons for the same nomination by reason
of said two or more persons having an equal and the
highest number of votes for nomination by one party to
one and the same offi'ce, the County Clerk shall give notice
to the several persons so having the highest and equal
number of votes to attend at his office at a time to be
appointed by said clerk, who shall then and there proceed
publicly to decide by iot which of the persons so having
Tie vote, proced- an equal number of votes shall be declared nominated
ure. ^
by his party; and said clerk shall forthwith enter upon
his register Oif nominations the name of the persons thus
duly nominated, in like manner as thoiugh he had received
the highest number oi the votes of his party for that
nomination; and it shall be the duty of the County Clerk
oi every county, on receipt of the returns of any general
primiary nominating election, to make out his certificate
stating therein the compensation to which the judges
and clerks of election may 'be entitled for their services,
and lay the sam^e before the county Board of County
Commissioners at its next term, and the said board shall
order the compensation aforesaid to be paid out of the
county treasury. In all primary nominating elections
in this State, under the provisions of this law, the person
having the highest number of votes for nomination to
any office shall be deemed to have been no»minated 'by
his political party for that office.
Sec. 24. The County Clerk, immediately after making
the abstracts of votes given in his county, shall make
a copy of each of said abstracts an dtransmit it by mail
to the Secretary of State, at the seat of government; and
it shall be the duty of the Secretary of State, in the pres-
ence of the Governor and the State Treasurer, to proceed
Serk^^after'^^^anJas within fifteen days after the primary nominating election,
o^ ^ot^- and soo-ner, if all returns be received, to canvass the
votes given for nomination for Governor, Senator in Con-
gress, Lieutenant Governor, Attorney General, Superin-
STATE OF MONTANA 49
tendent of Public Instru-ction, Railroad Commissioners,
Secretary of State, State Treasurer, State Auditor, Jus-
tices of the Supreme Court, Clerk of the Supreme Court,
members of Cong-ress, Judges of the District Court, Sena-
tors and Representatives, and all other ofifiicers to be voted
for 'by the people of the State, or of any district com-
prising more than oine county; and tbe Governor shall
grant a certificate of nomination to the person having
the highest number of votes for each office, and shall
issue a proclamation declaring the nomination of each
person by his party. In case there shall be no choice
for nomination for any office by reason of any two or
more persons having an equal and the highest number
of votes of his party for nomination for either of said
offices, the Secretary of State shall immediately give
notice to the several persons so having the highest and
equal number of votes to attend at his office, either in
person or by attorney, at a time to be appointed 'by said
Secretary, who shall then and there proceed to publicly
decide by lot which of said persons so having an equal
number of votes shall be declared duly nominated by his
party; and the Governor shaiU issue his proclamation de-
claring the nomination of such person or persons, as above
provided.
Sec. 25. Whenever it shall appear by affidavit to the
District Court or Judge thereof, or to the Supreme Court
or Judge thereof, that an error or omission has occurred
or is about to occur in the printins^ of the name of any ^
J. o J Correction of error
candidate or other matter on the official primary nomi- or wrong, pro-
1 • 1 11 1 , i cedure.
natmg election ballots, or that any error has been or is
about to be coriimitted in the printing of the ballots, or
that the name of any person or any other matter has been
or is about to be wrongfully placed upon such ballots,
or that any wrongful act has been performed by any
judge or clerk of the primary election. County Clerk,
canvassing board or member thereof, or by any person
charged with a duty under this act, or that any neglect
of duty by any of the persons aforesaid has occurred
or is about to occur, such court or judge shall by order
require the officer or person or persons charged with the
error, wrongful act, or neglect, to forthwith correct the
50
ELECTION LAWS
Late returns, duty
of secretary of
state.
Official miscon-
duct, penalty.
Notice of con-
test.
error, desist from the wrongful act, or perform the duty
and do as the court shall order, or show cause forthwith
why such error should not be corrected, wrongful act
desisted from, or such duty or order performed. Failure
to o'bey the order of any such court or judge shall be
contempt. Any person in interest or aggrieved by the
refusal or failure of any person to perform any duty or
act required by this law shall, without derogation to any
other right or remedy, be entitled to pray for a mandamus
in the District Court of appropriate jurisdiction, and any
proceedings under the provisions of this law shall be
immediately heard and decided.
Sec. 26. If the returns and abstracts of the primary
nominating election of any county in the State shall not
be received at the office of the Secretary of State within
twelve days after said election, the Secretary of State
shall forthwith send a messenger to the county board
of such county, whose duty it shall be to furnish said
messenger with a copy of said returns, and the said mes-
senger shall be paid out of the county treasury of such
county the sum of twenty cents for each mile he shall
necessarily travel in going to and returning from said
county. The County Clerk, whenever it shall be neces-
sary for him to do so in order to send said returns and
abstracts within the time above limited, may send the
same by telegraph, the message to be repeated, and the
county shall pay the expense of such telegram.
Sec. 27. If any judge or clerk of a primary nominating
election, or other officers or persons on whom any duty
is enjoined by this law, shall be guilty of any wilful
neglect of such duty, or of any corrupt conduct in the
discharge of the same, such judge, clerk, officer or other
person, upon conviction thereof, shall be punished by
imprisonment in the penitentiary not less than one year
nor more than five years, or by imprisonment in the
county jail not less than three months nor more than
one year, or by fine not less than one hundred dollars
nor more than five hundred dollars.
Sec. 28. Any person wishing to contest the nomination
of any other person to any state, county, district, town-
ship, precinct, or municipal office may give notice in
STATE OF MONTANA 51
writing to the person whose nomination he intends to
contest that his nomination will be contested, stating the
cause of such contest briefly, within five days from the
time said person shall claim to have been nominated.
Sec. 29. Said notice shall be served in the same man-
ner as a summons issued out of the District Court three
days before any hearing upon such contest as herein
provided shall take place, and shall state the time and „ . ...
1 , , , . \ 1, , , , TT 1 Service of notice
place that such hearmg shall be had. Upon the return Contest, how
of said notice served to the Clerk of the Court he shall
thereupon enter, the same upon his issue docket as an
appeal case, and the same shall be heard forthwith 'by
the District Court; Provided, that if the case can not
be determined by the District Court in term time, within
fifteen days after the termination of such primary nomi-
nating election, the Judge of the District Court may
hear and determine the same at chambers forthwith, and
shall make all necessary orders for the trial of the case
and carrying his judgment into effect; Provided, that
the District Court provision of this section shall not apply
to township or precinct officers. In case of contest be-
tween any persons claiming to be nominated to any town-
ship or precinct office, said notice shall be served in the
manner aforesaid, and shall be returned to the District
Court of the county.
Sec. 30. The provisions of Section 7234 and 7249, Re- contests statutes
vised Codes of . Montana, 1907, so far as the same do ^pp^^°^^ ®-
not conflict with the provisions of this law, shall apply
to and are hereby made applicable to primary nominating
elections held under the provisions of this law.
Sec. 31. Each party to such contest shall be entitled
to subpoenas, and subpoenas duces tecum, as in ordinary
cases of law; and the court shall hear and determine the
same without the intervention of a jury, in such manner
as shall carry into effect the expressed will of a majority Contest, how tried,
of the legal voters of the political party, as indicated
by their votes for such nominations, not regarding tech-
nicalities or errors in spelling the name of any candidate
for such nomination; and the County Clerk shall issue
a certificate to the person declared to be duly nominated
by said court, which shall be conclusive evidence of. the
2 ELECTION LAWlS
right of said person to hold said nomination ; Provided,
that the jitdgiment or decision of the District Court in
term time, or a decision of the Judge thereof in vacation,
as the case may be, may be removed to the Supreme
Court in such manner as imay "be provided for removing
such causes from the District Court to the Supreme Court.
Sec. 32. There shall be elected by each political party,
subject to the provisions of this law, at said primary
central Committee- nominating election, a committeeman for each election
men, selection. prccinct, w^ho shall be a resident of such precinct. Any
elect(jr, being a member of their party, may be placed
in nomination foT committeeman of any precinct by a
writing so stating, signed by any five members of any
political party being qualified electors of such precinct,
and filed in the office of the County Clerk within the
time required in this act for the filing of petitions naming
individuals as candidates for nomination at the regular
biennial primary election; but no such nomination paper
shall be filed unless verified by the affidavit of the signers
to the effect that they are 'bona fide members of the po-
litical party named in the same. The names of the vari-
ous candidates for precinct committeemen of each political
party shall be printed on the ticket of the same in the
same manner as other candidates and the voter shall
express his choice among them in like manner as for
such other candidates. The committeeman thus elected
siiall be the representative of his political party in and
for such precinct in all ward or subdivision committees
that may be formed. The committeemen elected in each
precinct in each county shall constitute the county central
Powers. committee of each of said respective political parties.
Those committeemen who reside within the limits of
any incorporated city or town shall constitute ex-officio
the city central comfmittee of each of said respective po-
litical parties, and shall have the same power and juris-
diction as to the business of their several parties in such
city mfatters that the coiunty committee has in county
matters, save only the power to fill vacancies in said
com'mittee, which power is vested in the county central
com;mittee. Each com^mitteeman shall hold such position
for the term of two years from the date of the first meet-
fiUed!"^^^^' ^^ ing of said committee imimediately following their elec-
STATE OF MONTANA ^ 53
tion. In case of a vacancy happening on account of
death, resignation, removal from the precinct, or other-
wise, the remaining members of said county comtmittee
may select a committeeman to fill the vacancy and he
shall be a resident of the precinct in which the vacancy
occurred. Said county and city central committees shall
have the power to -make rules and regulations for the
government of their respective political parties in each
county and city, not inconsistent with any of the pro- Powers,
visions of this law, and to elect the county member of
the State central committee, and of the members of the
congressional committee, and said committees shall
have the same power to fill all vacancies and make rules
in their jurisdiction that the county committee has to
fill county vacancies and make rules. Said county and
city central committees shall have the power to make
nominations to fill vacancies occurring among the can-
didates of their respective parties nominated for city or
county offices by the primary nominating election, where
such vacancy is caused by death or removal from the
electoral district, but not otherwise. Said comtmittees
shall meet and organize by electing a chairman and sec-
retary within five days after the candidates of their re-
spective political parties shall have been nominated. They
may select managing or executive committees and au-
thorize such sub-committees to exercise any and all
powers conferred upon the county, city, state and con-
gressional central committees respectively by this law.
Sec. 33. If any candidate for nomination shall be guilty
of any wrongful or unlawfui act or acts at a primary J'enait^^^ °^ ^^^'
nominating election which would be suffiicient, if such
wrongful or unlawful act or acts had been done by such
candidate at the regular general election, to cause his
removal from office, he shall, upon conviction thereof,
be removed from office in like manner as thomgh such
wrongful or unlawful act or acts had been committed
at a regular general election, notwithstanding that he
may have been regularly elected and shall not have been
guilty of any wrongful or unlawful act. at the election
at which he shall have been elected to his office.
Sec. 34. The candidates for the various State offices.
54
ELECTION LAWS
Party platfonns.
Penalty for
ery, etc.
brib-
Violations
penalties.
of act,
Penalties.
and for the United States Senate, Representatives in Con-
gress and the Legislative Assembly nominated by each
political party at such primary, and Senators of such po-
'litical party, whose term of office extends beyond the
first Monday in January of the year next ensuing, and
the members of the State central committee of such po-
litical party, shall meet at the call of the chairman of
the State central committee not later than September
15th next preceding any general election. They shall
forthwith formulate the State platform of their party.
They shall thereupon proceed to elect a chairman of the
State central committee and perform such other business
as may properly be brought before such meeting.
Sec. 35. Any person who shall offer, or with knowl-
edge of the sarpe permit any person to offer for his bene-
fit, any bribe to a voter to induce him to sign any nomi-
nation paper, and any person who shall accept any such
bribe or promise of gain of any kind in the nature of a
bribe as consideration for signing the same, whether such
bribe or promise of gain in the nature of a bribe be offered
or accepted before or after such signing, shall be guilty
of a misdemeanor, and upon trial and conviction thereof
be punished by a fine of not less than twenty-five nor
more than one thousand dollars, and by imprisonment in
the county jail of not less than ten days nor more than
six months. ' .
Sec. 36. Any act declared an offense by the general
laws of this State concerning caucuses, primaries and
elections shall also-, in like case, be an offense in and as
to all primaries as herein defined, and shall be punished
in the same form and manner as therein provided, and
all the penalties and provisions of the law as to such
caucuses, primaries and elections, except as herein other-
wise provided, shall apply in such case with equal force
and to the same extent as though fully set forth in
this act.
Sec. .37. Any person who shall forge any name of a
signer or a witness to a nomination paper shall be guilty
of forgery, and on conviction punished accordingly. Any
person who, being in possession of nomination papers
entitled to be filed under this act, or any act of the Legis-
STATE OF MONTANA 55
lature, shall wrongfully either suppress, neglect or fail .
to cause the same to be filed at the proper time in the
proper office, shall on conviction be punished by imprison-
ment in the county jail not to exceed six months, or by
a fine not to exceed one thousand dollars, or by both
such fine and imprisonment in the discretion of the court.
Sec. 38. The provisions of the laws of this state now
in force in relation to the holding of elections, the solicita-
tion of voters at the polls, the challenging of voters, the laws applicable,
manner of conducting elections, of counting the ballots
and making return thereof, the appointment and com-
pensation of officers of election, and all other kindred sub-
jects, shall apply to all primaries, insofar as they are
consistent with this act, the intent of this act being to
place the primary under the regulation and protection
of the laws now in force as to elections.
Sec. 39. All acts or parts of acts inconsistent with
or in 'Conflict with the provisions of this act are hereby
repealed.
(Act initiated by the people and passed at general elec-
tion of 1912.)
PRIMARY ELECTIONS.
(Sections refer to Revised Codes of 1907; Sections in
brackets refer to Codes of 1895.)
Section 533. Qualification of Voter at Primary Election.
534. Wlio Entitled to Vote.
535. Judges.
536. Clerk.
537. Challenges— Oatli--Penalty.
538. Fraudulent Voting or Counting.
539. Unlawful Interference.
540. Penalties.
Sec. 533. (Sec. 1330.) Qualification of Voters at Pri-
mary Election. — No person shall be entitled to vote at
any caucus, primary meeting or election, held by any
political party, except he be an elector of the state and
county within which such caucus, primary meeting or
election is held, and a legal resident of the precinct or
district within . which such caucus, primary meeting or
election is held, and the limits of which said precinct or
dstrict are fixed and prescribed by the regularly chosen
and recognized representatives of the party issuing the
call for such caucus, primary meeting or election.
Sec. 534. (Sec. 133 1.) Who Entitled to Vote. — No
person shall be entitled to vote at any caucus, primary
meeting or election who is not identified with the political
party holding such caucus, primary meeting or election,
or who does not intend to act with such political party
at the ensuing election, whose candidates are to be nomi-
nated at such caucus or primary meeting. And no person
having voted at any primary meeting or election oi any
political party whose candidates are to 'be or have been
nominated, shall be permitted to vote at the primary
meeting or election of any other political party whose
candidates are to be or have been nominated and to be
voted for at the sa-me general or special election.
Sec. 535. (Sec. 1332.) Judges. — Three judges, who
shall be legal voters in the precinct where such caucus
or primary meeting is held, shall be chosen by the quali-
fied voters of said precinct or district, who are present
at the opening of such caucus or primary meeting, and
said judges shall be empowered to administer oaths and
58 ELECTION LAWS
affirmations, and they shall decide all questions relating
to the qualifications of those voting or offering to vote
at such caucus or primary meeting, and they shall cor-
rectly count all votes cast and certify the results of the
same.
Sec. 536. (Sec. 1333.) Clerk. — The judges shall select
one of their number who shall act as clerk, and the clerk
must keep a true record of each and every person voting,
with their residence, giving the street and number and
postoffi^ce address.
S^c. 537. (Sec. 1334.) Challenges — Oath — Penalty. —
Any qualified voter may challenge the right of any person
offering to vote at such caucus or primary meeting, and
in the event of such challenge, the person challenged shall
swear to and subscribe an oath administered by one of
the judges, which oath shall be substantially as follows :
"I do solemnly swear that I am a citizen of the United
States and am an elector of this county and of this pre-
cinct where this primary is now being held; that I have
been and now am identified with the party, or that it is
my intention bona fide to act with the party, and identify
myself with the same at the ensuing election, and that
I have not voted at any primary meeting or election of
any other political party whose candidates are to 'be voted
for at the next general or special election."
If the challenged party takes the oath above prescribed
he is entitled to vote; Provided, in case a person taking
the oath as aforesaid shall intentionally make false an-
swers to any question put to him by any one of the judges
'Concerning his right to vote at such caucus or primary
meeting or election, he shall, upon conviction, be deemed
guilty of perjury and shall be punished by imprisonment
in the penitentiary for a term of not less than one year
nor more than three years.
Sec. 538. (Sec. 1335.) Fraudulent Voting or Count-
ing.— It shall 'be unlawful for any judge of any caucus
or primary meeting or primary election to knowingly re-
ceive the vote of any person who he knows is not entitled
to vote, or to fraudulently or wrongfully deposit any
ballot or ballots in the ballot box or take any ballot or
ballots from the ballot box of said caucus or primary elec-
STATE OF MONTANA 59
tion, or fraudulently or wrongfully mix any ballots with
those cast at such caucus or primary election, or know-
ingly make any false count, canvass, statement or return
oi the ballots cast or vote taken at such caucus or pri-
mary election.
Sec. 539. (Sec. 1336.) Unlawful Interference.) — No
person shall, by bribery or other improper means or de-
vice, directly or indirectly, attempt to influence any elector
in the casting of any ballot at such caucus or primary meet-
ing, or deter him in the deposit of his ballot, or interfere
or hinder any voter at such caucus or primary meeting
in the full and free exercise of his right, of suffrage at
such caucus or primary meeting.
Sec. 540. (Sec. 1337.) Penalties.^ — Any person or per-
sons violating any of the provisions of this act, except
as provided in Sec. 537 (1334), shall be guilty of a mis-
demeanor, and upon conviction thereof shall be punished
by a fine of not less than fifty dollars, nor more than
two hundred and fifty dollars, or by imprisonment in
the county jail not less than three months nor more than
twelve months, or by both such fine and imprisonment
in the discretion of the court.
PREFERENTIAL PRIMARIES FOR PRESIDENT
AND VICE PRESIDENT.
A Bill to Propose by Initiative Petition a Law to Provide
for the E^cpression by the People of the State of Mon-
tana of Their Preference for Party Candidates for Presi-
dent and Vice President of the United States, the
Election of Delegates .to Presidential Conventions and
the Nomination of Presidential Electors by Direct Vote.
Section 1. When to be Held.
2. Manner of Voting,
3. Party Delegates — Number to be Elected.
4. Expenses of Delegates — Payment.
5. Campaign Books — Contents.
6. Same— Charge Per Page.
7. Repealing Clause.
Be It Enacted by the People of State of Montana :
Sec. I. In the years when a President and Vice Presi-
dent of the Lmited States are to be elected, the primary ^^^"^ ^®^^-
nominating- election shall be held on the forty-fifth day
before the first Monday in June of said year; and all
laws pertaining to the nomination of candidates, regis-
tration of voters and all other things incident and per-
taining to the holding of the regular biennial nominating
election, shall be enforced and affected.
Sec. 2. When candidates for the offices of President
and Vice President of the United States are to be no:mi- Manner of voting,
nated, every qualified elector of a political party subject
to this law shall have opportunity to vote his preference,
on his party nominating ballot, for his choice for one per-
son to be the candidate of his political party for President,
and one person to be the candidate of his political party
for Vice President of the United States, either by writing
the names of such persons in 'blank spaces to be left
on said ballot for that purpose or by marking with a
cross before the printed names of the persons of his
choice, as in the case of other nominations. The names
of any persons shall be so printed on said ballots solely
on the petition of their personal supporters in Montana
without said persons themselves signing any petition or
acceptance. The names of persons in such political party Form of ballot,
who shall be presented 'by petition of their supporters
for nomination to be party candidates for the office of
62
ELECTION LAWS
Party delegates.
Number to be
elected.
President or Vice President of the United States, shall
be printed on the nominating afficial ballot, and the
ballots shall be marked, and the votes shall be counted,
canvassed and returned in like mianner and under the
same conditions as to names, petitions and other matters,
as far as the same are applicable, as the names and peti-
tions of aspirants for the party nominations for the office
of Governor and for United States Senator in Congress
are or may be by law required to he marked, filed,
counted, canvassed and returned.
Sec. 3. The members of the political parties subject
to this law shall elect their party delegates to their na-
tional conventions for the nomination of their party can-
didates for President and Vice President of the United
States, and shall nominate candidates for their party
Presidential Electors at such nominating election. The
governor shall grant a certificate of election to each of
the delegates so elected, which certificates shall show
the number of votes received in the State by each person
of such delegate's political party for nomination as its
candidate for President and Vice President. Nominating
petitions for the office of delegate to the respective party
national conventions, to be chosen and elected at said
nominating election, shall be sufficient if they contain a
number of signatures of the members of the party equal
to one per cent of the party vote in the State at the last
preceding election for Representative in Congress;
Provided, that not more than five hundred signatures shall
be required on any such petition. Every qualified voter
shall have the right at such nominating election to vote
for the election of one person, and no more, to the office
of national delegate for his party, and to vote for the
nomination of one aspirant, and no more, for the office
of Presidential Elector as the candidate of his party. A
number of such candidates equal to the number of dele-
gates to be elected by each party which is subject to the
provisions of this law, receiving, respectively, each for
himself, the highest numher of votes for such office, shall
be thereby elected. Every political party suhject 10 the
provisions of this law shall be entitled to nominate, at
said nominating election, as many candidates for the office
of Presidential Elector as there are such officers to be
STATE OF MONTANA 63
elected; that number of aspirants in every such party
who shall receive, respectively, each for himself, the high-
est number of votes of his party for that nomination,
shall be thereby nominated as a candidate of his political
party for the office of Presidential Elector.
Sec. 4. Every delegate to a national convention of a
political party recognized as such organization by the rpj.a^gijjj
laws of Montana, shall receive from the State treasury of delegates,
the amount of his traveling expenses necessarily spent
in actual attendance upon said convention, as his account
may be audited and allowed by the Secretary of State,
but in no case to exceed two hundred dollars for each
delegate ; Provided, that such expenses shall never be paid
to any greater number of delegates of any political party
than would be allowed such party under the plan by
which the number of delegates to the Republican national
convention was fixed by the Republican party of Mon-
tana in the year 1912. The election of such national
delegates for political parties not subject to the Direct
Primary Nominating Elections Law shall be certified in
like manner as nominations of canddiates of such political
parties for elective public offices. Every such delegate
to a national convention to nominate candidates for Presi-
dent and Vice President shall subscribe to an oath of oath of office,
office that he will uphold the Constitution and the laws of
the United States and of the State of Montana, and that
he will, as such officer and delegate, to the best of his
judgment and ability, faithfully carry out the wishes of
his political party as expressed by its voters at the tim>e
of his election.
Sec. 5. The committee or organization which shall file
a petition to place the name of any person on the nomi- campaign books,
nating ballot of their political party to be voted for by
its members for expression of their choice for nomination
as the candidate of such party for President or Vice
President of the United States, shall have the right, upon
payment thereof, to four pages of printed space in the
campaign books of such political party provided for by
law. In this space said committee shall set forth their
statement of the reasons why such person should be voted
for and chosen by the members of their party in Montana
64
ELECTION LAWS
Campaign books.
Charge per page.
Repealing clause.
and in the Nation as its candidate. Any qualified elector
of any such political party who favors or opposes the
nomination of any person 'by his own political party as its
candidate for President or Vice President of the United
States, may have not exceeding four pages of space in
his aforesaid party nominating cam.paign 'book, at a cost
of one hundred dollars per printed page, to set forth his
reasons therefor.
Sec. 6. Every person regularly nominated by a political
party, recognized as such by the laws O'f Montana, for
President or Vice President of the United States, or for
any office to be voted for by the electors of the State
at large, or for Senator* or Representative in Congress,
shall be entitled to use four pages of printed space in
the State campaign book provided for by law. In this
space the candidate, or his supporters with -his written
permission filed with the Secretary of State, may set forth
the reasons why he should be elected. No charge 'shall
be made against candidates for President and Vice Presi-
dent of the United States for this printed space. The
other candidates above named shall pay at the rate of
one hundred dollars per printed page for said space, and
said payment shall not be counted as a part of the ten
per cent of one year's salary that each candidate is al-
lowed to spend for campaign purposes.
Sec. 7. All acts or parts of acts in conflict with the
provisions of this act are hereby repealed.
(Act initiated by the people and passed at the general
election of 1912.)
STATE OF MONTANA 65
TIME OF HOLDING ELECTIONS.
(Sections refer to Revised Codes of 1907; those in
brackets refer to Codes of 1895.)
Section 450. General Elections— When to be Held.
451. Special Elections — Call.
Sec. 450. (Sec. 1150.) General Elections, When to
Be Held. — There must be held throughout the State, on
the first Tuesday after the first Monday of November,
in the year eighteen hundred and ninety-four, and in every
second year thereafter, an election to be known as the
general election.
Sec. 451. (Sec. 1151.) Special Elections, Call. — Special
elections are such as are held to supply vacancies in any
office, and are held at such times as may be designated
by the proper officer or authority. The Board of County
Commissioners shall be authorized to call a special elec-
tion at any time for the purpose of submitting to the
qualified electors of the county a proposition to raise
money for any public improvement desired to be made
in the county.
ELECTION PROCLAMATIONS.
Section 452. Election Proclamations by the Governor.
453. Governor's Proclamation — What to Contain.
454. Publication and Posting by County Commissioners.
455. Election Proclamation by County Commissioners.
Sec. 452. (Sec. 1160.) Election Proclamations by the
Governor. — At least sixty days before a general election,
and whenever he orders a special election to fill a vacancy
in the office of State Senator or member of the House
of Representatives at least ten days before such special
election, the Governor must issue an election proclama-
tion, under his hand and the great seal of the State, and
transmit copies thereof to the Boards of Commissioners of
the counties in which such elections are to be held.
Sec. 453. (Sec. 1161.) Governor's Proclamation — What
to Contain. — Such proclamation must contain :
I. A statement of the time of election, and the offices
to be filled.
When to issue.
66 ELECTION LAWS
2. An offer of rewards in the following form : "And
I do hereby offer a reward of one hundred dollars for
the arrest and conviction of any person violating any of
the provisions of Title IV, Part I of the Penal Code.
Such rewards to be paid until the total amount hereafter
expended for the purpose reaches the sum of five thousand
dollars." (See Section 2 of Chapter 60, Laws of 191, as
to further contents.)
Sec. 454. (Sec. 1162.) Publication and Posting by
County Commissioners. — The Board of County Commis-
to"^puWish!^ which gioners upon the receipt of such proclamation, may, in
the case of general or special elections, cause a copy of
the same to be published in some newspaper printed in
the. county, if any, and to be posted at each place of
election at least ten days 'before the election; and in case
of special elections to fill a vacancy in the office of State
Senator or member of the House of Representatives, the
Board of County Commissioners, upon receipt of such
proclamation, may, in their discretion, cause a copy of
the same to be pu'blished or posted as hereinbefore pro-
vided, except that such publication or posting need not
be made for a longer period than five days before such
election.
Sec. 455. (Sec. 1163.) Election Proclamation by County
Commissioners. — Whenever a special election is ordered
by the Board of County Commissioners, they must issue
an election proclamation, containing the statement pro-
vided for in Sudvision I, of Sec. 453 (1161), and must
publish and post it in the same manner as proclamations
issued by the Governor.
Special elections.
STATE OF MONTANA 67
MISCELLANEOUS PROVISIONS.
Section 456. Plurality to Elect.
457. Proceedings on Tie Vote.
458.. No Fees for Certifificate of Registration.
459. Compensation of Officers of Election,
460. County Commissioners to Have Blanks Prepared.
Sec. 456. (Sec. 1170.) Plurality to Elect. — The person
receivino- at any election the highest number of votes for
any office to be filled at such election, is elected thereto.
Sec. 457. (Sec. 1171.) Proceedings on Tie Vote. — In
case any two or more persons have an equal and highest
number of votes for either 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
must, forthwith, by joint ballot of the two houses, elect
one of such persons to fill such office; and in case of a
tie vote for Clerk of the District Court, County Attorney,
or for any county officer except County Commissioner,
and for any township officer, the Board of County Com-
missioners must appoint so'me eligible person, as in case
of other vacancies in such offices; and in case of a tie
vote for County Commissioner, the District Judge of the
county must appoint an eligible person to fill the office,
as in other cases of vacancy.
Sec. 458. (Sec. 1172.) No Fees for Certificate of Regis-
tration.— No fees must be charged for registration or cer-
tificate thereof.
Sec. 459. (Sec. 1173.) Compensation of Officers of
Election. — The compensation of members of boards of
election, including judges and clerks, is three dollars
per day, and must be. audited by the Board of County
Commissioners, and paid out of the county treasury.
Sec. 460. (Sec. 1174.) County Commissioners to Have
Blanks Prepared. — The necessary printed blanks for poll
lists, tally lists, lists of electors, tickets and returns, together
with envelopes in which to enclose the returns, must be
furnished by the Boards of County Commissioners to the
officers of each election precinct at the expense of the
county.
vote.
68 ELECTION LAWS
QUALIFICATIONS AND DISABILITIES OF
ELECTORS.
Section 461. Election to be by Ballot.
462. Qualifications of Voter.
463. Residence.
464. Privilege From Arrest.
465. Exempt From Military Duty on Election Day,
466. Idiot or Insane.
467. Women at School Election.
468. Women Tax Payers.
469. Who Are Tax Payers.
Sec. 461. (Sec. 1180.) Elections to Be by Ballot. —
All elections by the people shall be by ballot.
Who may not ^ec. 462. (Sec. 1181.) Qualifications of Voter. — Every
male person of the age of twenty-one years or over,
possessing the following qualifications, if his name is
registered as required by law, is entitled to vote at all
general and special elections and for all officers that now
are, or hereafter may be, elective by the people and upon
all questions which may be submitted to the vote of the
people : First, he must be a citizen of the United States ;
second, he must have resided in the State one year and
in the county thirty days immediately preceding the elec-
tion at which he offers to vote. No person convicted of
felony has the right to vote unless he has been pardoned.
Nothing in this section contained shall be construed to
deprive any person of the right to vote who had such
right at the time of the adoption of the State constitution.
After the expiration of five years from the time of the
adoption of the State constitution no person except citizens
of the United States have a right to vote.
Sec. 463. (Sec. 1182.) Residence. — For the purpose
of voting no person gains or loses a residence by reason
of his absence while employed in the service of the State
or of the United States, nor while engaged in the naviga-
tion of 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.
(Note: — The above section amended by Section 21 of
the law respecting registration of electors.)
Sec. 464. (Sec. 1183.) Privilege From Arrest. — Elect-
ors must in all cases, except treason, felony, or breach
STATE OF MONTANA 69
I
of the peace, be privileged from arrest during their at-
tendance at elections, and in going to and returning
therefrom.
Sec. 465. (Sec. 1184.) Exempt From Military Duty
on Election Day. — No elector is required to perform mili-
tary duty on the days of election, except in times of war
or public danger.
Sec. 466. (Sec. 1185.) Idiot or Insane. — No idiot or
insane person is entitled to vote at any election in this
state.
Sec. 467. (Sec. 1186.) Women at School Election. —
Women have the right to vote at any school district elec-
tion.
Sec. 468. (Sec. 1187.) Women Tax Payers. — Upon all
questions submitted to the vote of the tax payers of the
State, or any political division thereof, women who are
tax payers and possessed of the qualification for the right
of suffrage required of men by the State constitution,
equally with men have the right to vote.
Sec. 469. (Sec. 1188.) Who Are Tax Payers.— The
payment of a tax upon property by any person assessed
therefor on a county or city assessment roll next preceding
the election at which a question is to be submitted to
the vote of the tax payers of the State, or to the vote
of the tax payers of such county or city or any sub-
division thereof, constitutes such person a tax payer at
such election within the meaning of the last preceding
section.
70 ELECTION LAWS
ELECTION PRECINCTS.
Section 497. Board to Designate Place in Precincts for Holding
Election.
498. Proceedings Where Place Not Designated, etc.
499. No Precinct to be Established in the Indian
Country.
(Sees. 494-496 repealed by Sees. 2, 3, 4, 5, 6, of law
relating to Registration of Electors.)
Sec. 497. (Sec. 1243.) Board to Designate Place in
Precinct for Holding Election. — The board must, at the
session at which judges of election are appointed, make
an order designating the house or place within the pre-
cinct where the election must be held.
Sec. 498. (Sec. 1244.) Proceedings Where Place Not
Designated, Etc. — If the board fail to designate the house
or place for holding the election, or if it cannot be held
at the house or place designated, the judges of election,
01 a majority of those acting as such in the precinct
must, two days before the election and by an order, under
their hand (copies of which they must at once post in
three public places in the precinct), designate the house
or place.
Sec. 499. (Sec. 1245.) No Precinct to Be Established
in the Indian Country. — No officer of this State, nor of
any county, must establish a precinct within the limits
of any county not fully organized, or at any Indian
agency, or at any trading post in the Indian country, or
on any Indian reservation.
STATE OF MONTANA 71
JUDGES OF ELECTION.
Section 500, Judges of Election — How Appointed.
501. Number of Judges to be Appointed.
502. Number Appointed in New Precincts.
503. Not More Than a Majority to be from Any One
Political Party.
504. Clerk to Give Notice to Judges of Appointment.
Electors to Elect Judges in Case of Vacancies.
505. Judges to Choose Clerks and Serve Until Others
Appointed.
506. Clerks to Mail to Judges Notices of Election.
Form of Notice.
507. Notices to be Posted by the Judges.
508. Oath of Judges and Clerks.
509. Judges and Clerks May Administer Oaths.
510. Ballot Boxes.
511. Size of Opening of Ballot Box.
512. Ballot Box to be Exhibited.
513. County Clerk to Have Printed Instructions to the
Electors.
Sec. 500. (Sec. 1260.) Judges of Election, How
Appointed. — The Board of County Commissioners of the
several counties, at the regular session next preceding a
general or special election, must appoint five judges of
election for each precinct in which the voters therein,
by the last registration, were one hundred or more, and
three judges of election for each precinct in which such
registration was less than one hundred.
Sec. 501. (Sec. 1261.) Number of Judges to Be
Appointed. — The Board of County Commissioners, not-
withstanding the registration, may appoint five judges
of election for each precinct in which, upon information
obtained by them, they have reason to believe contains
one hundred voters or more, and three judges of election
in precincts which upon information obtained by them,
they have reason to 'believe contains less than one hun-
dred voters.
Sec. 502. (Sec. 1262.) Number Appointed in New
Precincts. — In any new precinct established, the Board
of County Commisioners must, in like manner, appoint
five or three judges of election, according to the estimated
number of voters therein, as required by the two next
preceding sections.
Sec. 503. (Sec. 1263.) Not More Than a Majority to
72 ELECTION LAWS
Be From Any One Political Party. — In making the ap-
pointment of judges of election not more than a majority
of such judges must be appointed from any one political
party for each precinct.
Sec. 504. (Sec. 1264.) Clerk to Give Notice to Judges
fiUed^^^^^' °^ of Appointment. — Electors to Elect Judges in Case of
Vacancy. — The clerk of the board must make out and
forward by mail, immediately after the appointment of
the judges, a notice thereof in writing, directed to each
of them. In case there is no postofifice in any one or
more of the precincts in any county, the clerk must for-
ward notices of such appointment by registered mail to
the postoffice nearest such precinct, directed to the judges
aforesaid. If in any of the precincts any of the judges
refuse or neglect to serve, the electors of such precinct
may elect a judge or judges to fill vacancies on the 'morn-
ing of the election, to serve at such election.
Sec. 505. (Sec. 1265.) Judges to Choose Clerks and
to Serve Until Others Appointed. — The judges must elect
two persons having the same qualifications as themselves
to act as clerks of the election. The judges continue
judges of all elections to be held in their respective pre-
cincts until other judges are appointed ; and the clerks
of election continue to act as such during the pleasure
of the judges of election, and the Board of County Com-
missioners must from time to time fill vacancies which
may occur in the offices of judges of election in any pre-
cinct within their respective counties.
Sec. 506. (Sec. 1266.) Clerks to Mail to Judges Notices
of Election — Form of Notice. — The clerks of the several
Boards of County Commissioners must, at least thirty
days before any general election, make and forward by
mail to such judge or judges as are designated by the
County Commissioners, three written notices for each
precinct, said notices to be substantially as follows:
"Notice is hereby given that on the first Tuesday after
the first Monday of November 18. ., at the house ,
in the County of , an election will be held for
(naming the offices to be filled, including Elec-
tors of President and Vice President, a Representative
in Congress, State, county and township officers), and
STATE OF MONTANA 73
for the determination of the following questions (naming
them), the polls of which election will be open at eight
o'clock in the morning and continue open until six o'clock
in the afternoon of the same day. Dated this day
of , A. *D. i8...
"Signed A. B., Clerk of the Board of County Commis-
sioners."
Sec. S07. (Sec. 1267.) Notices to Be Posted by the
. . Posted where
Judges. — The judges to whom such notice is directed,
as provided in the next preceding section, must cause
to be put up in three of the most public places in each pre-
cinct, the notices of election in such precinct, at least
ten days previous to the time of holding any general
election, which notices must be posted as follows : One
at the house where the election is authorized to be held,
and the others at the two most public and suitable places
in the precinct.
Sec. 508. (Sec. 1268.) Oath of Judges and Clerk. —
Previous to votes being taken, the judges and clerks of
election must take and subscribe the official oath pre-
scribed by the constitution. It is lawful for the iudo:es How constructed
■^ J ?3 and may consist
of election, and they are hereby empowered, to administer of what,
the oath to each other, and to the clerks of the election.
Sec. 509. (Sec. 1269.) Judges and Clerks May Ad-
minister Oaths. — Any member of the board, or either
clerk thereof, may administer ,and certify oaths required
to be administered during the progress of an election.
Sec. 510. Ballot Boxes. — There shall be provided at
the expense of the county, for each polling precinct, a
substantial ballot box or canvas pouch with a secure lock
and key for the ballots and detached stubs as hereinafter
provided for. There shall be one opening and no more
in such box or canvas pouch, of sufficient size to admit
a single folded ballot. The adoption of the canvas pouch
to be used instead of the ballot box, in any precinct, shall
be optional with the Commissioners of each county, but
in such precincts where pouches are so adopted, the
pouches shall be returned to the County Clerk together
with the other election returns, as by law provided. (Act
March 5, 1907, Sec. i. Laws 1907, Chap. 88.)
Sec. 511. (Sec. 1271.) Size of the Opening of the Ballot
74 ELECTION LAWfi
Box. — There must be an opening in the lid of such box
of no larger size than shall be sufficient to admit a single
folded ballot.
Sec. 512. (Sec. 1272.) Ballot Box to Be Exhibited. —
Before receiving any ballots, the judge's must, in the
presence of any persons assembled at the polling place,
open and exhibit the ballot box and remove any contents
therefrom, and then close and lock the same, delivering
the key to one of their members, and thereafter the ballot
box must not be removed from the polling place or pres-
ence of the bystanders until all the ballots are counted,
nor must it be opened until after the polls are finally
closed.
Sec. 513. (Sec. 1273.) County Clerk to Have Printed
Instructions to the Electors. — The County Clerk of each
Number of cards , . , . , ,
of instruction re- couuty must causc to be prmted m large type on cards,
^"^^^ * in the English language, instructions for the guidance
of electors in preparing their ballots. He must furnish six
cards to the judges of election in each election precinct,
and one additional card for each fifty registered electors,
or fractional part thereof, in the precinct, at the same
time and in the same manner as the printed ballots. The
judges of election must post not less than one of such
cards in each place or compartment provided for the
preparation of ballots, and not less than three of such
cards elsewhere in and about polling places upon the day
of election. Said cards must be printed in large, clear
type, and must contain full instructions to the voters
as to what should be done, viz:
1. To obtain ballots for voting.
2. To prepare the ballots for deposit in the ballot boxes.
3. To obtain a new ballot in the place o-f one spoiled
by accident or mistake. Said card must also contain a
copy of Sections 8130 (66), 8134 (70), 8135 (71), 8136
{72), and 8137 (73), and 8138 (74), of the Penal Code.
There must also be posted in each of the compartments,
or booths, one of the official tickets, as provided in Chap-
ter IX, of this title, without the official stamp, and not
less than three such tickets posted elsewhere in and about
the polling places, upon the day of election.
STATE OF MONTANA 75
OPENING AND CLOSING OF POLLS.
Section 514. Time of Opening and Closing of Polls.
515. Proclamation at Opening and Thirty Minutes Be-
fore Closing Polls.
516. Proclamation at Closing Polls.
Sec. 514. (Sec. 1290.) Time of Opening and Closing
of Polls. — The polls must be opened at eight o'clock on
the morning of election day and must be kept open con-
tinuously until six o'clock in the afternoon of said day,
when the same must be closed.
Sec. 515. (Sec. 1291.) Proclamation at Opening and
Thirty Minutes Before Closing Polls. — Before the judges
receive any ballots they must cause it to be proclaimed
aloud at the place of election that the polls are open, and
thirty minutes before the closing of the polls proclamation
must be made that the polls will close in one-half hour.
Sec. 516. (Sec. 1292.) Proclamation at Closing Polls. —
When the polls are closed that fact must be proclaimed
aloud at the place of election; and after such proclama-
tion no ballots must be received.
POLL BOOKS.
Sectioai 517. County Commissioners to Furnisih Poll Books.
518. Clerk to Forward Poll Books to Judges.
519. Form of Poll Book.
520. Want of Form Not to Vitiate.
Sec. 517. (Sec. 1300.) County Commissioners to Fur-
nish Poll Books. — The Board of County Commissioners
of each county must furnish for the several election pre-
cincts in each county poll books after the forms herein-
after prescribed.
Sec. 518. . (Sec. 1301.) Clerk to Forward Poll Books
to Judges. — The clerk of the board must forward by
mail, as a registered package, to one of the judges of
election so appointed, in each precinct, at least ten days
prior to any general election and five days prior to any
special election, two of such blank poll books for the use
of the judges of such precinct.
Sec. 519. (Sec. 1302.) Form of Poll Book. — The fol-
lowing is the form of poll books to be kept in duplicate
by the judges and clerks of election:
re
ELECTION LAWS
Poll Book of Precinct No. . .
Number and names of electors voting.
No.
Name.
No.
Name.
No.
Name.
Total number of votes cast at Precinct No
We, the undersigned, judges and clerks of an election
held at Precinct No , in the County of ,
in the State of Montana, on the .... day of ,
19.., having first been severally sworn according to law,
hereby certify that the foregoing is a true statement of
the number and names of the persons voting at said
precinct at said election, and that the following named
persons received the number of votes annexed to their
respective names for the following described offices,
to- wit :
Governor
Members of Legislative Assembly
i^. B., Votes Senate House of Representatives
C. D. Votes E. E., Votes G. H,— Votes
Certified and signed by us.
1
Clerks.
Judges.
Sec. 520. (Sec. 1303.) Want of Form Not to Vitiate. —
No poll book or certificate returned from any election
precinct must be set aside or rejected for want of form
nor on account of its not being strictly in accordance
with the directions of this title, if it can be satisfactorily
understood.
STATE OF MONTANA 77
CANDIDATES AND QUESTIONS FOR THE
ELECTION.
Section 521. Convention or Primary Meeting Defined.
522. Certificate of Nomination — What to Contain.
523. Certificate— Where Filed.
524. Certificates of Nomination Otherwise Made.
525. Certificate Not to Contain Certain Things. One
Person Not to be Nominated for More Than
One Office.
526. Certificates to be Preserved One Year.
527. When Certificate to be Filed.
528. Secretary of State to Certify to County Clerk
Names of Persons Nominated.
529. Candidate May Decline Ten Days Before Election.
In Municipal Election Two Days.
530. Vacancies May be Filled by Further Certificates.
531. How Question Submitted to Electors May be Cer-
tifiied.
532. Erroors — How Corrected.
Sec. 521. (Sec. 13 10.) Convention or Primary Meeting
Defined. — Any convention or primary meeting held for Definitions,
the purpose of making nominations to public office, or
the number of electors required in this chapter, may
nominate candidates for public office to be filled by elec-
tion in the State. A convention or primary meeting within
the meaning of this chapter is an organized assemblage
of electors or delegates representing a political party or
principle.
Sec. 522. (Sec. 131 1.) Certificates of Nomination, What
to Contain. — All nominations made by such convention
or primary meeting must be certified as follows: The certificate to be
certificate of nomination, which must be in writing, must delivered to whom,
contain the name of each person nominated, his residence,
his business, his business address, and the office for which
he is named, and must designate in not more than five
words, the party or principle which such convention or
primary meeting represents, and it must be signed by the
presiding officer and secretary of such convention or pri-
mary meeting, who must add to their signatures, their
respective places of residence, their business and business
addi esses. Such certificates must be delivered by the
secretary or the president of such convention or primary-
meeting to the Secretary of the State or to the County
Clerk, as in this chapter required.
78 ELECTION LAWS
Sec. 523. (Sec. 13 12.) Certificate, Where Filed. — Cer-
tificates of nomination of candidates for offices to be filled
by the electors of the entire State, or of any division
or district greater than a county, must be filed with the
Secretary of State. Certificates of nomination for county,
township and precinct offi'cers must be filed with the
clerks of the respective counties wherein the officers are
to be elected. Certificates of nomination for municipal
offi'cers must be filed with the clerks of the respective
municipal corporations wherein the officers are to be
elected. The certificate of nomination of joint member
of the House of Representatives must be filed in the
offices of the County Clerks of the counties to be repre-
sented by suc'h joint member.
Sec. 524. (Sec. 1313.) Certificates of Nomination
SirS^^qSired^Sr Otherwise Made.— Candidates for public office may be
petitions. nominated otherwise than by convention or primary meet-
ing in the manner following:
A certificate of nomination, containing the name of a
candidate for the office to be filled, with such informa-
tion as is required to be given in certificates provided
for in Sec. 522 (131 1) of this chapter, must 'be signed
by electors residing within the State and district, or
political division in and for w'hich the officer or officers
are to be elected, in the following required numbers :
The number of signatures must not be less in number
than five per cent of the number of votes cast for the
successful candidate for the same offiice at the next pre-
ceding election, whether the said candidate be State,
county, township, municipal or any other political di-
vision or subdivision of State or county ; but the sig-
antures need not all be appended to one paper. Each
elector signing a certificate shall add to his signature
his place of residence, his business and his business ad-
dress. Any such certificate may be filed as provided for
in the next preceding section of this chapter, in the man-
ner and with the same effect as a certificate of nomination
made by a party convention or primary meeting.
Sec. 525. (Sec. 1314.) Certificate Not to Contain Cer-
tain Things — One Person Not to Be Nominated for More
Than One Office. — No certificate of nomination must con-
STATE OF MONTANA 79
tain the name of more than one candidate for each office
to be filled. No person must join in nominating more
than one person for each office to be filled, and no person
must accept a nomination to more than one office.
Sec. 526. (Sec. 13 15.) Certificates to Be Preserved
One Year. — The Secretary of State and the Clerks of the
several counties and of the several municipal corporations
must cause to be preserved in their respective offices for
one year all certificates of nomination filed under the
provisions of this chapter. All such certificates must be
open to public inspection under proper regulations to 'be
made by the officers with wliom the same are filed.
Sec. 527. (Sec. 1316.) When Certificate to Be Filed.—
Certificates of nomination to be filed with the Secretary
of State must be filed not more than sixty days and less
than thirty days before the day fixed by law for the
election. Certificates of nomination herein directed to
be filed with the County Clerk must be filed not more
than sixty days and not less than twenty days before
the election; certificates of the nomination of candidates
for municipal offices must be filed with the clerks of the
respective municipal corporations not more than thirty
days and not less than three days previous to the day
of election; but the provisions of this section shall not
be held to apply to nominations for special elections to
fill vacancies.
Sec. 528. (Sec. 1317.) Secretary of State to Certify to
County Clerk Names of Persons Nominated. — Not less
than twenty nor more than thirty days before an election
to fill any public office, the Secretary of State must certify
to the County Clerk of each county within which any of
the electors may by law vote for candidates for such
office, the name and description of each person nominated,
as specified in the certificates of nomination filed with
the Secretary of State.
Sec. 529. (Sec. 13 19.) Candidates May Decline Ten
Days Before Election. — In Municipal Election Two Days. —
Whenever any person nominated for public office, as in
this chapter provided, shall at least ten days before
election, except in the case of municipal elections, in
writing, signed by him, notify the officer with whom
Procedure.
80 > ELECTION LAWS
the certificate nominating him is by this chapter to 'be
filed, that he declines such nomination, such nomination
shall be void. In municipal elections, such declination
must be made at least two days before the election.
Sec. 530. (Sec. 1320.) Vacancies May Be Filled by
Further Certificates. — If any person so nominated dies
before the printing of the tickets, or declines the nomina-
tion as in this chapter provided, or if any certificate of '
nomination is or becomes insufficient or inoperative from
any cause, the vacancy or vacancies thus occasioned may
be filled in the manner required for original nomination,
jf the original nomination was made by a party con-
vention which had delegated to a committee the power
to fill vacancies, such committee may, upon the occurring
of such vacancies, proceed to fill the same. The chair-
Duty of secretary man and secretary of such committee must thereupon
make and file with the proper officer a certificate setting
forth the cause of the vacancy, the name of the person
ncminated, the office for which he was nominated, the
name of the person for whom the new nominee is to be
substituted, the fact that the committee was authorized
to fill vacancies, and such further information as is re-
quired to be given in an original certificate of nomination.
The certificate so made must be executed in the manner
prescribed for the original certificate of nomination, and
has the same force and effect as an original certificate of
nomination. When such certificate is filed with the Sec-
retary of State, he must, in certifying the nominations
to the various County Clerks, insert the name of the
person who has thus been nominated to fill the vacancy
in place of the name of the original nominee. And in
the event he has already transmitted his certificate, he
must forthwith certify to the Clerks of the proper counties
the name and description of the person so nominated to
fill a vacancy, the office he is nominated for, the party
or political principle he represents, and the name of the
person for whom such nominee is substituted.
Constitutional ^ec. 531. (Sec. 1321.) How Questions Submitted to
amendments. Electors May Be Certified. — Whenever a proposed con-
stitution or constitutional amendment, or other question,
is to be submitted to the people of the State for popular
STATE OF MONTANA 81
vote, the Secretary of State must duly, and not less than
thirty days before election, certify the same to the Clerk
of each county in the state, and the Clerk of each county
must include the same in the publication provided for in
Sec. 1318 of this chapter. Questions to be submitted to
the people of a county or municipality must be advertised
as provided for nominees for office by said Sec. 13 18.
Sec. 532. (Sec. 1322.) Errors, How Corrected. — When-
ever it appears by affidavit that an error or omission has
occurred in the publication of the name or description
of a candidate nominated for office, or in the printing
of the ballots, the District Court of the county may,
upon application of any elector, by order require the
County or Municipal Clerk to correct such error, or to
show cause why such error should not be corrected.
PRIMARY ELECTIONS.
Section 533. Qualification of Voters at Primary Election.
534. Who Entitled to Vote.
535. Judges.
536. Clerk.
537. Challenges — Oaths— Penalty.
538. Fraudulent Voting or Counting.
539. Unlawful Interference.
540. Penalities.
Sec. 533. (Sec. 1330.) Qualification of Voters at Pri-
mary Election. — No person shall be entitled to vote at
any caucus, primary meeting or election held by any
political party except he be an elector of the State and
county within which such caucus, primary meeting or
election is held, and a legal resident of the precinct or
district within which such caucus primary meeting or elec-
tion is held, and the limits of which said precinct or district
of any other political party whose candidates are to be
or have been nominated, and to be voted for at the same
general or special election.
Sec. 534. Who Not Entitled to Vote. — No person shall
be entitled to vote at any caucus primary meeting or elec-
tion who is not identified with the political party holding
such caucus, primary meeting or election, or who does
not intend to act with such political party at the ensuing
82 ELECTION LAWS
Powers.
election, whose candidates are to be nominated at such
caucus or primary meeting. And no person having voted
at any primary meeting or election of any political party
w^hose candidates are to be or have been nominated, shall
be permitted to vote at the primary meeting or election
of any political party whose candidates are to be or have
been nominated, shall be permitted to vote at the primary
meeting or election of any other political party whose
candidates are to be or have been nominated and to be
voted for at the same general or special election.
Sec. 535. Judges. — Three judges, who shall be legal
voters in the precinct where such caucus or primary meet-
ing is held, shall be chosen by the qualified voters of
said precinct or district, who are present at the opening
of such caucus or primary meeting, and said judges shall
be empowered to administer oaths and affirmations, and
they shall decide all questions relating to the qualifica-
tions of those voting or offering to vote at such caucus
or primary meeting, and they shall correctly count all
votes cast and certify the results of the same.
Sec. 536. (Sec. 1333.) Clerk. — The judges shall select
one of their number who shall act as clerk, and the clerlf
must keep a true record of each and every person voting,
with their residence, giving the street and number and
postoffiice address.
Sec. 537. Challenges — Oath — Penalty. — Any qualified
voter may challenge the right of any person offering ta
vote at such caucus or primary meeting, and in the event
of such challenge, the person challenged shall swear to
and subscribe an oath administered by one of the judges,
which oath shall be substantially as follows:
"I do solemnly swear that I am a citizen of the United
States and am an elector of this county and of this pre-
cinct where this primary is now being held; that I have
been and now am identified with the party, or that it is
my intention bona fide to act with the party and identify
myself with the same at the ensuing election, and that
I have not voted at any primary meeting or election of
any other political party whose candidates are to be
voted for at the next general or special election."
STATE OF MONTANA 8-^
If the challenged party takes the oath above prescribed
he is entitled to vote ; Provided, in case a person taking
the oath as aforesaid shall intentionally make false an-
swers to any questions put to him by any of the judges ^^^J^'^
concerning his right to vote at such caucus or primary
meeting or election, he shall upon conviction be deemed
guilty of perjury and shall be punished by imprisonment
in the penitentiary for a term of not less than one year
nor more than three years.
Sec. 538. (Sec. 1335.) Fraudulent Voting or Count-
ing.— It shall be unlawful for any judge of any caucus or
primary meeting or prirnary election to knowingly receive
the vote of any person who he knows is not entitled to
vote, or to fraudulently or wrongfully deposit any ballot
or ballots in the ballot box or take any ballot or ballots
from the ballot box of said caucus or primary election,
or fraudulently or wrongfully mix any ballots with those
cast at such caucus or primary election, or knowingly
make any false count, canvass, statement or return of the
ballots cast or vote taken at such caucus or prmiary elec-
tion.
Sec. 539. (Sec. 1336.) Unlawful Interference. — No per-
son shall, by bribery or other improper means or device,
directly or indirectly, attempt to influence any elector
in the casting of any ballot at such caucus or primary
meeting, or deter him in the deposit of his ballot, or
interfere or hinder any voter at such caucus or primary
meeting in the full and free exercise of his right of
suffrage at such caucus or primary meeting.
Sec. 540. Penalties. — Any person or persons violating
any of the provisions of this act, except as provided i . Misdemeanors.
Sec. 537 (1334) shall be guilty of a misdemeanor, and
upon conviction thereof shall be punished by a fine of
not less than fifty dollars nor more than two hundred and
fifty dollars, or by imprisonment in the county jail not
less than three months nor more than twelve months,
or by both such fine and imprisonment in the discretion
of the court.
(See also Direct Primaries.)
how
ELECTION LAWS
BALLOTS AND VOTING.
(Sections refer to Revised Codes of 1907; Sections in
brackets refer to Codes of 1895.)
Section 541. Ballots — How Printed and Distributed.
542. County Clerk to Print Ballots— Electors May Vote
for Any Person,
543. Municipal Clerk to Act in Municipal Elections.
544. Pasters to be Printed and Distributed Where Va-
cancy Has Been Filled.
545. Form of Ballots.
546. Number of Ballots to be Provided in Each
District.
547. Clerk to Deliver Ballots and Stamps to Judges
of Election — Stamps — What to Contain.
548. Sufficient Booths or Compartments Must be Fur-
nished.
549. Elector to Cast His Ballot Without Interference.
550. Expenses of Providing Places for Election.
551. Delivery of Official Ballots ta Elector.
552. Method of Voting.
553. Only One Person to Occupy Booth — and no Longer
Than Five Minutes.
554. Spoiled Ballot
555. Judges May Aid Disabled Elector.
556. Voting — When to Commence and Continue.
557. Manner of Voting.
558. Announcement of Voter's Name.
559. Putting Ballot in Box.
560. Record That Person Has Voted — How Kept.
561. List of Voters.
562. Grounds of Challenge.
563. Proceedings on Challenges for Want of Identity.
564. Same- on Challenges for Having Voted Before.
565. Same on Ground of Conviction of Crime.
566. Challenges — How Determined.
567. Trial of Challenges.
568. If Person Refuses to be Sworn — Vote to be Re-
jected.
569. Proceedings Upon Determination of Challenges.
570. List of Challenges to be Kept.
571. Persons Not Entitled to Vote.
Sec. 541. (Sec. 1350.) Ballots, How Printed and Dis-
tributed.— All ballots cast in elections for public officers
Vvithin the State (except school district ofifi'cers), must
be printed and distributed at public expense as provided
in this chapter. The printing of ballots and cards of
instruction for the elections in each county, and the de-
STATE OF MONTANA 85
livery of the same to the election officers is a county-
charge, and the expense thereof must be paid in the same
manner as the payment of other county expenses, but the
expense of printing and delivering the ballots must, in
the case of municipal elections, be a charge upon the city
or tov^n in which such election is held. "'■
Sec. 542. (Sec. 135 1.) County Clerk to Print Ballots-
Elector May Vote for Any Person. — Except as in this chap-
ter otherwise provided, it is the duty of the County Clerk of
each county to provide printed ballots for every election for
public officers in which electors or any of the electors or%aste™namr"on
within the county participate, and to cause to be printed ^^"^^
in the ballot the name of every candidate whose name
lias been certified to or filed with the County Clerk in
the manner provided for in this chapter. ^ Ballots other
than those printed by the respective County Clerks ac-
cording to the provisions of this chapter must not be
cast or counted in any election. Any elector may write
or paste on his ballot the name of any person for whom
he desires to vote fbr any office, and must mark the same
as provided in Section 552 (1361), and such vote must be
counted the same as if printed upon the ballot and marked
by the voter, and any voter may take with him into the
polling place any printed or written memorandum or paper
to assist him in marking or preparing his ballot, except
as otherwise provided in this title.
Sec. 543. (Sec. 1352.) Municipal Clerks to Act in ^^^ ^^ '^°^""-
Municipal Elections. — In all municipal elc .ions the City
Clerk must perform all the duties pre^ .ibed for County
Clerks in this title.
Sec. 544. (Sec. 1353.) Paster*^ to Be Printed and Dis-
tributed Where Vacancy Ha*^ Been Filled. — When any Duty of Election
vacancy occurs before election day and after the printing
of the ballots, and any person is nominated according to
the provisions of this title to fill such vacancy, the officer
whose duty it is to have the ballots printed and dis-
tributed must thereupon have printed a requisite number
of pasters containing the name of the new nominee and
must mail them by registered letter to the judges of
election in the various precincts interested in such elec-
tion, and the judges of election whose duty it is made
86
ELECTION LAWS
Placing
candidates
by the provisions of this title to distribute the ballots
must affix such pasters over the name for which substitu-
tion is made, in the proper place on each ballot before
it is given out to the elector.
of Sec. 545. (Sec. 1354.) Form of Ballots.— Ballots pre-
pared under the provisions of this chapter must be white
in 'Color and of a good quality of paper, and the names
must be printed thereon in black ink. The ballots used
in any one county 'must be uniform in size, and every
ballot must contain the names of every candidate whose
nomination for any special office specified in the ballot
has been certified or filed according to the provisions
of this title, and no other names. The list of candidates
of the several parties shall be placed in separate columns
of the ballot, in such order as the authorities charged
with the printing of the ballots shall decide. As near as
possible the ballot shall be in the following form: (Stub
hereinafter provided for in this section.)
Perforated line.
DEMOCRATIC
REPUBLICAN
LABOR PARTY
For Governor
For Governor
For Governor
Joseph K. Toole
John E. Richards
Fred Whiteside
t
For
Lieut. Governor
For Lieut. Governor
Alex Botkin
For
Lieut. Governor
Frank C. Higgins
For Sec, of State
Geo. M. Hays
For Sec. of State
Louis Rotwitt
For Sec. of State
W. R. Allen
STATE OF MONTANA 87
And continuing in like manner as to all candidates to be
voted for at such election.
Every ballot must also contain the name of the party,
o^ nrinciple v^hich the candidate in the respective col- •
^ ^ . , . , .^ . . Candidate's name
umns represent, as contamed m the certificates of nomi- to appear under
J[ . , - , , , . . but one party
nation ; Provided, hov^ever, that where any person is nomi- designaUon.
nated for the same office by more than one party or con-
vention his name shall be placed upon the ticket under the
designation of the party which first nominated him, unless
he declines, in writing one or more of such nominations,
or by written election indicates the party designation un-
der which he desires his name to be printed, or if he
was nominated by more than one party or convention '
at "the same time shall, within the time fixed by law for
filing certificates of nomination, file with the officer with
whom his certificate of nomination is required to be filed
a written election indicating the party designation under
which he desires his name to be printed on the ballot,
and it shall be so printed. If he shall fail or neglect to
so file such an election, the officer with whom the cer-
tificate of nomination is required to be filed shall place
his name under the designation of either of the parties
by which he was nominated, but under no other designa-
tion whatever, and no person who has been nominated
by petition or otherwise shall have his name printed upon
the ticket if the same already appears under a party desig-
nation. Below the names of candidates for each office
there must be left a blank space large enough to contain
as many written names of candidates as there are persons
to be elected. There must be a margin on each side
of at least half an inch in width, and a reasonable space
between the names printed thereon, so that the voter may
clearly indicate, in the way hereinafter provided, the can-
didate or candidates for whom he wishes to cast his
ballot. The ballot shall be printed oji the same leaf
with a stub, 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 be of sufficient depth to allow the following in-
structions to voters to be printed thereon, such depth
to be not less than two inches from the perforated line
ELECTION LAWS
Ballots to be
uniform.
County or city-
clerks to prepare
ballots.
to the top thereof, upon the face of which stub shall be
printed, in type known as brevier capitals, the following:
"This ballot should be marked with an "X" in the square
before the name of each person or candidate for whom
the elector intends to vote. In cases of a ballot contain-
ing a constitutional amendment, or other question to be
submitted to a vote of the people by marking an "X"
in the square before the answer of the question or amend-
ment submitted. The elector may write in the blank
spaces, or paste over another name, the name of any
person for whom he wishes to vote, and vote for such
person by marking an "X" in the square before such
name. On the back of the stub shall be printed or stamped
by the County Clerk, or other officer whose duty it is to
provide the ballots, the consecutive number of the ballot,
beginning with number **i," and increasing in regular
numerical order to the total number of ballots required
for the precinct. All of the official ballots of the same
sort prepared by any officer or board for the same bal-
loting place, shall be of precisely the same size, arrange-
ment, quality and tint of paper, and kind of type, and
shall be printed in black ink of the same tint, so that
when the stubs, numbered as aforesaid, shall be de-
tached therefrom it shall be impossible to distinguish
any one of the ballots from the other ballots of the same
sort, and the names of all candidates printed upon the
ballots shall be in type of the same size and character.
Whenever the Secretary of State has duly certified to
the County Clerk any question to be submitted to the
vote of the people, the County Clerk must print the ballot
in such form as will enable the electors to vote upon
the question so presented in the manner in this title pro-
vided. The County Clerk must also prepare the necessary
ballots whenever any question is required by law to be
submitted to the electors of any locality, and any of the
electors of the State generally, except that as to all ques-
tions submitted to the electors of a municipal corporation
alone, the City Clerk must prepare the necessary ballots.
(Act March 5, 1907, Sec. 2, Laws 1907, Chap. 88.)
STATE OF MONTANA 89
Sec. 546. (Sec. 1355.) Number of Ballots to Be Pro- ^^^^^1%^^^ ballots
vided for Each Precinct. — The County Clerk must pro-
vide for each election precinct in the county one and
one-half times as many ballots as there are electors regis-
tered in the precinct. If there is no registry in the
precinct the County Clerk must provide ballots to the
number of one and one-half times the number of electors
who voted at the last preceding election in the precinct.
He must keep a record in his office, showing the exact
number of ballots, with numbered stubs attached, that
are delivered to the judges of each precinct. In municipal
elections it is the duty of the City Clerk to provide ballots
as specified in this section. (Act March 5, 1907, Sec. 3,
Laws 1907, Chap. 88.)
Sec. 547. (Sec. 1356.) Clerk to Deliver Ballots and
Stamps to Judges of Election— Stamp, What to Contain.—
Before the opening of the polls, the County Clerk, or
the City Clerk in the case of municipal elections, must ^
deliver to the judges of each election precinct which is
within the county (or within the municipality in case
of municipal election) and in which the election is to be
held, at the polling place of the precinct, the proper num-
ber of ballots as provided for in Sec. 546 (1355) of this
chapter. He must also deliver to said judges a rubber
or other stamp with ink pad for the purpose of stamping
or designating the official ballots, as hereinafter provided.
Said stamp must contain the words "Official Ballot," the
name or number of the election precinct, the name of the
county, the date of the election, and name and official
designation of the clerk who furnishes the ballots. The
judge of election to whom the stamps and ballots are to whom ballots
given pursuant to this section must be the same person dSwe^r^d™^^ ^° ^^
who may be designated by the Commissioners to post
the notices required by Section 506 (1266) of this code.
But in case it be impracticable to deliver such stamps
and ballots to such judge, then they may be delivered
to some other one of the judges of election.
Sec. 548. Sufficient Booths or Compartments Must Be
Furnished. — All officers upon whom is imposed by law
the duty of designating the polling places, must provide
in each polling place designated by them, a suffiicient num-
90
ELECTION LAWS
Screened Tottng
Booths.
Secrecy of baHot.
ber of places, booths or comipartments, each booth or
compartment to be furnished with a door or curtain
sufficient in character to screen the voter from observa-
tion, and must be furnished with such supplies and con-
veniences as shall enable the elector to prepare his ballot
for voting, and in which electors must mark their ballots,
screened from observation, and a guard rail so constructed
that only persons within such rail can approach within
ten feet of the ballot boxes, or the places, booths or com-
partments herein provided for. The number of such
places, booths or compartments must not be less than
one for every fifty electors, or fraction thereof, registered
in the precinct. In precincts containing less than twenty-
five registered voters, the election may be conducted
under the provisions of this chapter without the prepara-
tion of such booths or compartments, as required by this
section.
Sec. 549. Elector to Cast His Ballot Without Inter-
ference.— No person other than electors engaged in re-
ceiving, preparing or depositing their ballots, or a person
present for the purpose of challenging the vote of an
elector about to cast his ballot, is permitted to be within
said rail ; and in cases of small precincts where places,
booths or compartments are not required, no person en-
gaged in preparing his ballot shall, in any way, be in-
terfered with by any person, unless it be someone au-
thorized by the provisions of this 'chapter to assist him
in preparing his ballot; nor shall any officer of election
do any electioneering on election day. No person what-
soever shall do any electioneering on election day, within
any polling place, or any building in which an electio'n
is being held, or within twenty-five feet thereof; said
space of twenty-five feet to be protected by ropes and
kept free of trespassers; nor shall any person obstruct
the doors or entries thereto, or prevent free ingress to
and egress from said building. Any election officer.
Sheriff, Constable or other peace officer is hereby au-
thorized and empowered, and it is hereby made his duty,
to clear the passageway and prevent such obstruc-
tion, and to arrest any person so doing. No person shall
remove any ballot from the polling place before the clos-
STATE OP MONTANA 91
ing of the polls. No person shall show his ballot after
it is marked to any person in such a way as to reveal
the contents thereof, or the name of the candidate or
candidates for whom he has marked his vote; nor shall
any person solicit the elector to show the same ; nor shall
any person, except the judge of election, receive from
any elector a ballot prepared for voting. No elector shall
receive a ballot from any other person than one of the
judges of election having charge of the ballots; nor shall
any person other than such judge of election deliver a
ballot to such elector. No elector shall vote, or offer
to vote, any ballot except such as he has received from
the judges of election having charge of the ballots. No
elector shall place any mark upon his ballot by which
it may afterwards be identified as the one voted by him.
Every elector who does not vote a ballot delivered to
him by the judges of election having charge of the ballots,
shall, before leaving the polling place, return such ballot
to such judges.
Sec. 550. Expenses of Providing Places for Election. —
The expense of providing such places or compartments,
ropes and guard rails is a public charge, and must be
provided for in the same manner as the other election
expenses.
Sec. 551. Delivery of Official Ballots to Elector. — At
any election the judges of election must designate two
of their number whose duty it is to deliver ballots to Directions to
the qualified electors. Before delivering any ballot to
an elector, the said judges must print on the back, and
near the top of the ballot, with the rubber or other stamp
provided for the purpose, the designation "official ballot"
and the other words on same, as provided for in Section
547 (1356) of this chapter; and the clerks must enter on
the poll list the name of such elector and the number
of the stub attached to the ballot given him. Each quali-
fied elector must be entitled to receive from the judges
one ballot. (Act March 5, 1907, Sec. 4, Laws 1907,
Chap. 88.)
Sec. 552. Method of Voting. — On receipt of his ballot
the elector must forthwith, without leaving the polling
place and within the guard rail provided, and alone, re-
How to vote.
92 ELECTION LAWS
tire to one of the places, booths or compartments, if such
are provided, and prepare his ballot. 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. In case of a ballot containing a constitutional
amendment, or other question to be submitted to the
vote of the people, by marking an "X" in the square
before the answer of the question, or amendment sub-
mitted. 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 such person by
marking an **X" before such name. No elector is at
liberty to use or bring into the polling place any unofficial
sample ballot. After preparing his ballot, the elector
must fold it so the face of the ballot will be concealed
and so that the endorsement stamped thereon may be
seen, and hand the same to the judges in charge of the
ballot box, who shall announce the name of the elector
and the printed or stamped number on the stub of the
official ballot so delivered to him, in a loud and distinct
tone of voice. If such elector be entitled then and there
to vote, and if such printed or stamped number is the
same as that entered on the poll list as the number on
the stub of the offiicial ballot last delivered to him by
the ballot judge, such judge shall receive such ballot,
and, after removing the stub therefrom in plain sight
of the elector and without removing any other part of
the ballot, or in any way exposing any part of the face
thereof below the stub, shall deposit each ballot in the
proper ballot box for the reception of voted ballots, and
the stubs in a box for detached ballot stubs. Upon
voting, the elector shall forthwith pass outside the guard
rail, unless he be one of the persons authorized to remain
within the guard rail for other purposes than voting.
(Act. March 5, 1907, Sec. 5; Laws 1907, Chap. 88.)
Sec. 553. (Sec. 1362.) Only One Person to Occupy
Booth, and no Longer Than Five Minutes.— No more
than one person must be allowed to occupy any one
booth at one time, and no person must remain in or
occupy a booth longer than may be necessary to prepare
his ballot, and in no event longer than five minutes, if
STATE OF MONTANA 93
the other booths or compartments are occupied.
Sec. 554. (Sec. 1363.) Spoiled Ballot.— Any elector
who by accident or mistake spoils his ballot, may, on
returning said spoiled ballot, receive another in place
thereof.
Sec. 555. Judges May Aid Disabled Elector. — Any
elector who declares to the judges of election, or when
it appears to the judges of election that he cannot read
^^ ^,,., 1 1-1 Elector unable to
or write, or that because of blindness or other physical read, procedure,
disability he is unable to mark his ballot, but for no
other cause, must upon request receive the assistance of
two of the judges, who shall represent different parties,
in the marking thereof, and such judges must certify
on the outside thereof that it was so marked with their
assistance, and must thereafter give no information re-
garding the same. The judges must require such dec-
laration of disability to be made by the elector under oath
before them, and they are hereby authorized to ad-
minister the same. No elector other than the one who
may, because of his inability to read or write or of his
blindness or physical disability, be unable to mark his
ballot, must divulge to anyone within the polling place
the name of any candidate for whom he intends to vote,
or ask or receive any assistance of any person within the
polling place in the preparation of his ballot.
Sec. 556. (Sec. 1365.) Voting, When to Commence
and Continue. — Voting may commence as soon as the
polls are open, and may be continued during all the time
the polls remain open.
Sec. 557. (Sec. 1366.) Manner of Voting. — The person
offering to vote must hand his ballot to the judges and
announce his name, and in incorporated cities and towns
any such person must also give the name of the street,
avenue or location of his residence, and the number
thereof, if it be numbered, or such clear and definite
description of the place of such residence as shall defi-
nitely fix the same.
Sec. 558. (Sec. 1367.) Announcement of Voter*s
Name. — The judges must receive the ballot, and before
depositing it in the ballot box must, in an audible tone
of voice, announce the name, and in incorporated towns
94 ELECTION LAWS
- and cities the judges must also announce the residence
of the person voting, and the same must he recorded
on each poll book.
Sec. 559. (Sec. 1368.) Putting Ballot in Box. — If the
name be found on the official register in use at the pre-
cinct where the vote is offered, or that the person
offering to vote produce and surrender a proper registry
certificate, and the vote is not rejected upon a challenge
taken, the judges must immediately and publicly, in the
presence of all the judges, place the ballot, without open-
ing or examining the same, in the ballot box.
Sec. 560. (Sec. 1369.) Record That Person Has Voted,
How Kept. — When the ballot has been placed in the box,
one of the judges must write the word ''Voted'' opposite
the number of the person on the check list for the precinct.
Sec. 561. (Sec. 1370.) List of Voters. — Each clerk
must keep a list of persons voting, and the name of each
person who votes must be entered thereon and numbered
"^^" ^^^*' in the order voting. Such list is known as the poll
list and forms a part of the poll book of the precinct.
Sec. 562. (Sec. 1371.) Grounds of Challenge. — Any per-
son offering to vote may be orally challenged by any
elector of the county upon either or all of the following
grounds :
1. That he is not the person whose name appears on
the register or check list.
2. That he is an idiot or insane person.
3. That he has voted before that day.
4. That he has been convicted of a felony and not
pardoned.
Sec. 563. (Sec. 1372.) Proceedings on Challenges for
Want of Identity. — If the challenge is on the ground
that he is not the person whose name appears on the
official register, the judges must tender him the following
oath:
"You do swear (or affirm) that you are the person
whose name is entered on the official register and check
list."
Sec. 564. (Sec. 1373.) Same on Challenges for Having
Voted Before. — If the challenge is on the ground that
the person challenged has voted before that day, the
STATE OF MONTANA 95
judges must tender to the person challenged this oath:
*'You do swear (or affirm) that you have not before
voted this day."
Sec. 565. (Sec. 1374.) Same on Ground for Conviction
of Crime. — If the challenge is on the ground that the
person challenged has heen convicted of a felony, the
judges must tender him the following oath:
"You do swear (or affirm) that you have not been
convicted of a felony."
Sec. 566. (Sec. 1375.). Challenge, How Determined. —
Challenges upon the grounds either: Ex-convicts.
1. That "the person challenged is not the person whose
name appears on the official register; or
That the person has before voted that day, are deter-
mined in favor of the person challenged by his taking the
oath tendered.
2. A challenge upon the ground that the person chal-
lenged has been convicted of a felony and not pardoned
must be determined in favor of the person challenged
on his taking the oath tendered, unless the fact of con-
viction be proved by the production of an authenticated
copy of the record; or by the oral testimony of two
witnesses. If the person challenged asserts that he has
been convicted of a felony and pardoned therefor, he
must exhibit his pardon or a proper certified copy thereof
to the judges, and if the pardon be found suffiicient, the
judges must tender to him the following oath. "You
do swear that you have not been convicted of any felony
other than that for which a pardon is now exhibited."
Upon taking this oath the person challenged must be
permitted to vote if otherwise qualified, unless a convic-
tion of some other felony be proved, as in this section
provided for the proof of a conviction.
Sec. 567. (Sec. 1376.) Trial of Challenges. — Challenges
for causes other than those specified in the preceding
section must be tried and determined by the judges of
election at the time of the challenge.
Sec. 568. (Sec. 1377.) If a Person Refuses to Be
Sworn, Vote to Be Rejected. — If any person chal-
lenp^ed refuses to take the oaths tendered, or refuses to
96 ELECTION LAWS
be sworn and to answer the question touching the matter
of residence, he must not 'be allowed to vote.
Sec. 569. (Sec. 1378.) Proceedings Upon Determina-
tion of Challenges. — If the challenge is determined against
the person offering to vote, the ballot must, without
examination, be destroyed by the judges in the presence
of the person offering the same; if determined in his
favor, the ballot must be deposited in the ballot box.
Sec. 570. (Sec. 1379.) List of Challenges to Be Kept. —
The judges must cause each of the clerks to keep a list
showing:
1. The names of all persons dhallenged.
2. The grounds of such challenges.
3. The determination of the judges upon the challenge.
Sec. 571. (Sec. 1380.) Persons Not Entitled to Vote. —
No person is entitled to vote at an election mentioned
salrf ^^ ^°^ neces- j^ ^-^-^^ title, except as otherwise provided in this title,
unless his name on the day of election appear in the
"check lists," on the copy of the official register furnished
by the registry agents to the judges of election at the
election precinct at which he offers to vote, or unless
he produces and surrenders a county registry certificate
or a state registry certificate, as provided in Sections
474 (1204) and 486 (12 17) of this code, and the fact
that his name so appears in the "check lists" and in
the copy of the official register in the possession of the
judges of election is prima facie evidence of his right
to vote.
STATE OF MONTANA 97
VOTING MACHINES.
(Sections refer to Revised Codes of 1907, as amended
by Chapter 99, Laws of 1909.)
Section 609. State Boani of Voting Machine Commissioners.
610. Specifications of Machine Required.
611. Counties and Cities to Use Machines.
612. Payment for Machines — How Provided for.
613. Method of Conducting Elections.
614. Assistance to Elector Unable to Record Vote.
615. Ballots and Instructions to Voters.
616. City and County Clerks to Set up Machines for
Use.
617. Irregular Ballots.
618. Counting the Votes. ^
619. Election Returns.
620. Election Laws Applicable.
621. Penalty for Neglect of Duty by Election Officer.
622. Penalty for Tampering With or injuring Machines.
623. Penalty for Violation of Duty of Judge of Election.
624. Penalty for Fraudulent Returns or Certificates.
625. Defective Machines.
Sec. 609. State Board of Voting Machine Commis-
sioners.— The Governor, Secretary of State and State
Auditor and their successors in office are herehy created
and constituted the State Board of Voting Machine Com-
missioners. It shall be the duty of said board to ex-
amine all voting or ballot machines in order to determine i^uties and powers,
whether such machines comply with the requirements
of this act, and can safely be used by voters at elections
under the provisions of this act, and no machine or ma-
chines shall be provided or used at any election in this
State unless the said machine or machines shall have
received the approval of a majority of said board as
herein provided. Said board may employ two qualified
mechanics, who shall be qualified electors of the State
of Montana, to examine said machines and assist said
board in the discharge of its duties under this act, the
compensation to be paid such qualified mechanics not to
exceed the sum of ten dollars each for each day actually
employed. Any machine or machines which shall have the
approval of the majority of said board may be provided
for in this act. The report of said board on each and
every kind of voting 'machine shall be filed with the
98 ELECTION LAWS
Secretary of State within thirty days after examining
the machine, and the Secretary of State shall within
five days after the filing of any report approving any
machine or machines, transmit to the Board of County
Commissioners, City Council or other iboard of officers
having charge and control of election in each of the
counties and cities of this State, a list of the machines
so approved. No machine or machines shall be used
unless they shall have received the approval of the State
board at least sixty days prior to any election at which
such machine or machines are to be used. The com-
pensation of the mechanics and all other expenses con-
nected with the examination of any machine shall be
paid, or caused to be paid, 'by the person or company
su'bmitting a machine for examination before the filing
of the report thereon. The amount of such expenses
shall ibe certified by the State Auditor and paid to the
State Treasurer. (Act approved March 8, 1907; Laws
1907, Chap. 168.)
Sec. 610. Specifications of Machines Required. — No
machine or machine system shall ibe approved by the
Commissioners unless it be so constructed as to afford
every elector a reasonable opportunity to vote for any
person for any office or for or against any proposition
for whom, or for or against which he is by law entitled to
vote and enable him to do this in secrecy; and it must
be so constructed as to preclude an elector from voting
for any candidate for the same office or upon any ques-
tion more than once, and from voting for any person
for any office for whom he is not by law entitled to vote.
The machine or machine system must admit of his vot-
ing a split ticket as he may desire. It must also 'be so
constructed as to register or record each and every vote
cast. For Presidential Electors one device may be pro-
vided for voting for all the candidates of one party at one
time iby the use of such device, opposite or adjacent to
which shall be a hallot on the machine containing the
names of all of the 'candidates for all Presidential Electors
of that party, and a vote registered or recorded by the
use of such device shall be counted for each of such
candidates on said ballot. The machine must be con-
STATE OFMONTANA 99
structed so that it cannot be tampered with or manipu-
lated for any fraudulent purpose; and the machine must
be so locked, arranged or constructed that during the
progress of the voting no person can see or know the
number of votes registered or recorded for any candi-
date. (Act approved March 8, 1907, Sec. 2, Laws 1907,
Chap. 168.)
Sec. 611. Voting Machines. — The Boards of County Kind that may be
Commissioners of counties of the first class shall, and ^ °p ® •
the Boards of County Commissioners of other counties
and City Councils of all cities and towns, may, at their
option, adopt and purchase for use in the various pre-
cincts, any voting machine approved in the manner
above set forth in this act, by the Voting Machine Com-
mission and none other. If it shall be impracticable
to supply each and every election district with a voting
machine or voting machines at any election following consolidation of
the adoption of such machines in a city, village or town, ^^^^^^
as many may be supplied as it is practicable to procure,
and the same shall be used in such precinct of the mu-
nicipality as the proper officers may order. The proper
officers of any city, village or town may, not later than
the tenth day of September, in any year in which a
general election is held, unite two or more precincts into
one for the purpose of using therein at such election a
voting machine, and the notice of such uniting shall be
given in the manner prescribed by law for the change
of election districts. (Act approved February 5, 1909;
Laws 1909, Chap. 6.)
Sec 612. Payment for Machines; How Provided for. —
Payment for voting machines purchase may be provided
by the issuance of interest bearing bonds, certificates of in-
debtedness, or other obligations, which will be a charge
upon such county, city or town, such bonds, certificates, or
other obligations may be made payable at such time or
times, not exceeding ten years from the date of issue, as
may be determined, but shall not be issued or sold at less
than par. (Act approved March 8, 1907, Sec. 4; Laws
1907, Chap. 168.)
Time within which
to vote.
100 ELECTION LAW'S
Sec. 613. Method of Conducting Elections. — The room
in which the election is held shall have a railing separating
that part of the room to be occupied by the election officers
from that part of the room occupied by the voting machine.
The exterior of the voting machine and every part of the
polling place shall be in plain view of the judges. The
machine shall be so placed that no person on the opposite
side of the railing can see or determine how the voter casts
his vote, and that no person can so see or determine from
the outside of the room. After the opening of the polls the
judges shall not allow any person to pass within the rail-
ing to that part of the room where the machine is situated
except for the purpose of voting and except as provided in
the next succeeding section of this act; and they shall not
permit more than one voter at a time to be in such part
of the room. They shall not themselves remain or permit
any person to remain in any position that would permit
him or them to see or ascertain how the voter votes or
how he has voted. No voter shall remain within the voting
machine booth or compartment longer than one minute
and if he should refuse to leave it after that lapse of time
he shall at once be removed by the judges. The election
board of each election precinct in which a voting machine
is used shall consist of three judges of election. Where
more than one machine is to be used in an election pre-
cinct, one additional judge shall be appointed for each
additional machine. Before each election at which voting
■machines are to be used, the custodian shall instruct all
judges of election that are to serve thereat, in the use of
the machine, and their duties in connection therewith ; and
he shall give to each judge that has received such instruc-
tion and is fully qualified to conduct the election with the
machine a certificate to that effect. For the purpose of
Instruction to g'iving such instruction, the custodian shall call such
machines.^ "^^ °^ meeting or meetings of the judges of election as shall be
necessary. Each judge of election shall attend such meet-
ing or meetings and receive such instructions as shall be
necessary for the proper conduct of the election with the
machine ; and, as compensation for the time spent in receiv-
ing such instruction, each judge that shall qualify for and
serve in the election shall receive the sum of one dollar, to
STATE OF MONTANA 101
be paid to him at the same time and in the same manner
as compensation is paid to him for his services on eleotion
day. No such judge of election shall serve in any election
at which a voting machine is used, unless he shall have
received such instruction and is fully qualified to perform
his duties in connection with the machine, and has re-
ceived a certificate to that effect from the custodian of the »
machine ; provided, however, that this shall not prevent the
appointment of a judge of election to fill a vacancy in an
emergency. (Act approved March 6, 1909; Laws 1909,
Chap. 99.)
Sec. 614. Assistance to Slector Unable to Record Vote.
— ^If any voter shall, in the presence of the judges of elec-
tion, declare that he is unable to read or write the English
language or that by reason of physical disability or total Deceiving Judges,
blindness he is unable to register or record his vote upon
the machine, he shall be assisted as provided by sec-
tion of the statutes of Any person who shall
deceive any elector in registering or recording .his vote
under this section, or who shall register or record his vote
in any other way than as requested by such person, or
who shall give information to any person as to what ticket
or for what person or persons such person voted, shall be
punished as provided in Sec. 8130 {66) of the Penal Code.
(Act approved March 8, 1907, Sec. 6; Laws 1907, Chap.
168.)
Sec. 615. Instructions to Voters. — Not more than ten or
less than three days before each election at which voting
machines are to be used, the board or officials charged
with the duty of providing ballots shall publish in news-
papers representing at least two political parties, a diagram Duty of Secretary
of reduced size showing the face of the voting machine °^ ^*^*®'
after the official ballot labels are arranged thereon, together
wirtih illustrated instructions how to vote, and a statement
of the locations of such voting machines as shall be on
public exhibition; or in lieu of such publication said board
or officials may send by mail or otherwise at least three
days before the election a printed copy of said reduced
diagram to each registered voter. Not later than forty
days before each election at which voting machines are to
be used, the Secretary of State shall prepare samples of
supplies, etc.
102 ELECTION LAWS
the printed matter and supplies named in this section, and
shall furnish one of each thereof to the board or officials
having charge of election in each County, City, or village
in which the machines are to be used; such samples to
meet the requirements of the election to be held, and to
suit the construction of the machine to be used. The board
or officials charged with the duty of providing ballots shall
provide for each voting machine for each election the fol-
lowing printed matter and supplies: Suitable printed or
written directions to the Custodian for testing and pre-
paring the voting machine for the election : One certificate
on which the custodian can certify that he has properly
tested and prepared the voting machine for the election;
one certificate on which some person other than the cus-
todian preparing the machine can certify that the voting
Directions as to machine has been examined and found to have been prop-
erly prepared for the election ; one certificate on which the
party representatives can certify that they have witnessed
the testing and preparation of the machines ; one certificate
on which the deliverer of the machines can certify that he
has delivered the machines to the polling places in good
order; one card stating the penalty for tampering with or
injuring a voting machine; two seals for sealing the voting
machine ; one envelope in which the keys to the voting
machine can be sealed and delivered to the election officers,
said envelope to have printed or written thereon the desig-
nation and location of the election district in which the
machine is to be used, the number of machine, the number
shown on the protective counter thereof after the machine
has been prepared for the election, and the number or
other designation on such seal as the machine is sealed
with; said envelope to have attached to it a detachable
receipt for the delivery of the keys of the voting machine
to the judge of election; one envelope in which keys to
the voting machine can be returned by the election officers
after the election ; one card stating the name and telephone
address of the custodian on the day of the election; two
statements of canvass on which the election officers can
report the canvass of the votes as shown on the voting
machine, together with other necessary information re-
lating to the election, said statements of canvass to take
STATE OF MONTANA 103
the place of all tally papers, statements and returns as
provided heretofore ; three complete sets of ballot labels ;
two diagrams of the face of the machine with the ballot
labels thereon, each diagram to have printed above it
the proper instructions to voters for voting on the ma-
chine; six suitable printed instructions to judges of elec-
tion; six notices to judges of election to attend the in-
struction meeting; six certificates that the judges of
election have attended the instruction meeting, have re-
ceived the necessary instruction, and are qualified to
conduct the election with the machine. The ballot labels
shall be printed in black ink on clear white material of
such size and arrangement as shall suit the construction
of the machine; Provided, however, that the ballot labels
for the questions may contain a condensed statement of
each question to be voted on, followed by the words,
*'Yes" and "No"; and, Provided further, that the titles Baiiot labels, how
printed.
of the officers thereon shall be printed in type as large
as the space for each office will reasonably permit, and
wherever more than one candidate will be voted for for an
office, there shall be printed below the office title thereof
the words "Vote for any two," or such number as the ,
voter is lawfully entitled to vote for such office. When
any person is nominated for an office by more than one
political party, his name shall be placed upon the ticket
under the designation of the party which first nominated
him ; or, if nominated by more than one party at the '
same time, he shall, within the time fixed by law for
filing certificates of nomination, file with the officer with
whom his certificate of nomination is required to be filed,
a written statement indicating the party designation under
which he desires his name to appear upon the ballot,
and it shall be so printed. If he shall refuse or neglect
to so file such a statement, the officer with whom the
certificate of nomination is required to be filed shall place
his name under the designation of either of the parties
nominating him, but under no other designation what-
soever. If the election be one at which all the candidates
for the office of Presidential Electors are to be voted
for with one device, the County Commissioners shall
furnish for each machine twenty-five ballots for each
ELECTION LAWS
political party, each ballot containing the names of the
candidates for the office of Presidential Electors of such
party, and a suitable space for writing in names, so that
the voter can vote thereon for part of the candidates
for the office of Presidential Electors of one party and part
of the candidates therefor of one or more other parties or
for persons for that office not nominated by any party. For
election precincts in v^hich voting machines are to be used
no paper ballots shall be furnished for any officer to be
voted for on the machine. For election precincts in v^liich
voting machines are to be used no books or blanks for
making poll lists shall be provided, but in lieu thereof
the registry lists shall contain a column in which can
be entered the number of each voter's ballot as indicated
by the number registered on the public counter as he
emerges from the voting machine. (Act approved March
6, 1909; Laws 1909, Chap. 99.)
Sec. 616. City and County Clerks to Set Up Machines
for Use. — The City or County Clerk of each city or
county in which a voting machine is to be used shall
cause the proper ballots to be put upon each machine
corresponding with the sample ballots herein provided
for, and the machines in every way put in order, set and
adjusted, ready for use in voting when delivered at the
precinct, and for the purpose of so labeling the machines,
putting in order, setting and adjusting the same, they may
employ one or more competent persons, and they shall
cause the machine so labeled, in order and set and ad-
justed, to be delivered at the voting precinct, together
with all necessary furniture and appliances that go with
the same, in the room where the election is to be held
in the precinct, in time for the opening of the polls on
election day. The judges shall compare the ballots on
the machine with the sample ballot, see that they are
correct, examine and see that all the counters, if any,
in the machine are set at zero, and that the machine is
otherwise in perfect order, and they shall not thereafter
permit the machine to be operated or moved except by
electors in voting, and they shall also see that all neces-
sary arrangements and adjustments are made for voting
irregular ballots on the machine, if such machine be so
STATE OF MONTANA 105
designed. (Act approved March 8, 1907, Sec. 8; Laws
1907, Chap. 168.)
Sec. 617. Irregular Ballots. — In case a voting machine
be adopted which provides for the registry or recording
of votes for candidates whose names are not on the
afficial ballot, such ballots shall be denominated irregular
ballots. A person whose name appears on a ballot or
in a machine or machine system, shall not be voted for Q^iaU not be
for the same office or on or in any irregular device for counted, exception,
casting an irregular ticket, and any such vote shall not
be counted, except for the office of Presidential Electors,
and an elector may vote in or on such irregular device
for one or more persons nominated by one party with
one or more persons nominated by any or all other parties,
or for one or more persons nominated by one or more
parties with one or more persons not in nomination, or
he may vote in such irregular device a Presidential Elec-
toral ticket composed entirely of names of persons not
in nomination. (Act. approved March 8, 1907, Sec. 9;
Laws 1907, Chap. 168.)
Sec. 618. Counting the Votes. — As soon as the polls
of the election are closed, the judges shall immediately
lock the machine, or remove the recording device so as
to provide against voting, and open the registering or
recording compartments in the presence of any person
desiring to attend the same, and shall proceed to ascer-
tain the number of votes cast for each person voted for
at the election, and to canvass, record, announce and re-
turn the same as provided by law. (Act approved March
S, 1907, Sec. 10; Laws 1907, Chap. 168.)
Sec. 619. Election Returns. — The judges as soon as the
count is completed and fully ascertained, shall seal, close,
lock the machine, or remove the record so as to provide
against voting or being tampered with, and in case of
a machine so sealed or locked, it shall so remain for a
period of at least thirty days, unless opened by order judges.^'^^ *°
of a court of competent jurisdiction. When irregular
ballots have been voted, the judges shall return them in
a properly sealed package endorsed 'Trregular ballots,"
and indicating the precinct and county, and file such
106 ELECTION LAWS
■package with the City or County Clerk. It shall 'be pre-
served for six months after such election and may be
opened and its contents examined only upon an order
of a court of competent jurisdiction; at the end of such
six months, unless ordered otherwise by the court, such
package and its contents shall be destroyed by the City
or County Clerk. All tally sheets taken from such ma-
chine, if any, shall be returned in the same manner. The
officers heretofore charged with the duty of furnishing
tally sheets and return blanks shall furnish suitable re-
turn blanks and certificates to the officers of election.
Such return sheets shall have each candidate's name desig-
nated by the same reference character that said candi-
date's name bears on the ballot labels and counters, and
shall make provision for writing in of the vote for such
candidate in figures, and shall also provide for the writing
in of the vote in words. Such return sheet shall also
provide for the return of the vote on questions. It shall
also have a blank thereon on which can be marked the
precinct, ward, etc., of which said return sheet bears
the returns and the number and make of the machine
used. Said return sheet shall also have a certificate
thereon, to be executed before the polls open by the
judges of election, stating that all counters except the
protective counter, if any, and except as otherwise noted
thereon stood at "ooo" at the beginning of the election,
and that all of said counters had been carefully examined
before the beginning of the election; that the ballot labels
were correctly placed on the machine and correspond to
the sample ballot,* and such other statements as the par-
ticular machine may require; and shall provide for the
signature of the election officers. Said return sheet shall
also have thereon a second certificate stating the manner
of closing the polls, the manner of verifying the returns,
that the foregoing returns are correct, giving the indi-
cation of the public counter, and poll list, and protective
counter, if any, at the close of the election. Such cer-
tificate shall properly specify the procedure of canvassing
the vote and locking the machine, etc., for the particular
type of machine used, and such certificate shall be such
that the election officers can properly subscribe to it as
STATE OF MONTANA 107
having been followed and shall have provision for the
signature of the election officers. The election officers
shall conform their procedure to that specified in the
certificate, to which they must certify. The certificate
and attest of the election officers shall appear on each
return sheet. (Act approved March 8, 1907; Sec. 11,
Laws 1907, Chap. 168.)
Sec. 620. Election Laws Applicable. — All laws of this
State applicable to elections where voting is done in an-
other manner than by machine, and all penalties pre-
scribed for violation of such laws shall apply to elections
and precincts where voting machines are used in so far as
they are not in conflict with the provisions of this act.
(Act approved March 8, 1907, Sec. 12 ; Laws 1907,
Chap. 168.)
Sec. 621. Penalty for Neglect of Duty by Election
Officer. — Any public officer or any election officer upon
whom any duty is imposed by this act or who shall
wilfully neglect or omit to perform any such duties, or
do any act prohibited herein for which punishment is not
otherwise provided herein, shall upon conviction be im-
prisoned in the State prison for not less than one year
or more than three years or be fined in any sum not
exceeding one thousand dollars, or may be punished by
both such imprisonment and fine. (Act approved March
8, 1907, Sec. 13 ; Laws 1907, Chap. 168.)
Sec. 622. Penalty for Tampering With or Injuring
Machines. — Any person not being an election officer who,
during any election or before any election, after a voting
machine has been (had?) placed upon it the ballots for such
election, who shall tamper with such machine, disarrange,
deface, injure or impair the same in any manner, or muti-
late, injure or destroy any ballot placed thereon or to be
placed thereon, or any other appliance used in connection
with such machine, shall be imprisoned in the State prison
for a period of not more than ten years or be fined not
more than one thousand dollars, or be punished by both
such fine and imprisonment. (Act approved March 8, 1907,
Sec. 14; Laws 1907, Chap. 168.)
Felony.
Felony.
108
ELECTION LAWS
Felony.
Felony.
Injury to maxjhlnes,
repairs.
Sec. 623. Penalty far Violation of Duty by Judges of
Election. — Whoever, being a judge of election, with la-
tent to permit or cause any voting machine to fail to
correctly register. or record any vote cast thereon, tam-
pers with or disarranges such machine in any way, or
any part or appliance thereof, or who causes or consents
to said machine being used for voting at any election
with knowledge of the fact, that the same is not in order,
or not perfectly set and adjusted, so that it will correctly
register or record all votes cast thereon, or who, for tbe
purpose of defrauding or deceiving any voter or of caus-
ing it to be doubtful for what ticket or candidate or
candidates or proposition any vote is cast, or of causing
it to appear upon said machine that votes cast for one
ticket, candidate or proposition were cast for another
ticket, candidate or proposition, removes, changes or mu-
tilates any ballot on said machine, or any part thereof,
or does any other like thing, shall be imprisoned in the
State prison not more than ten years or fined not ex-
ceeding one thousand dollars, or punished by both such
fine and imprisonment. (Act approved March 8, 1907,
Sec. 15; Laws 1907, Chap. 168.)
Sec. 624. Penalty for Fraudulent Returns or Certifi-
cates.— Any judge or clerk of an election who shall pur-
posely cause the vote registered or recorded on or in
such machine to be incorrectly taken down as to any
candidate or proposition voted on, or who shall knowingly
cause to be made or signed any false statement, certificate
or return of any kind of such vote, or who shall kno1v-
ingly consent to such things, or any of them being done,
shall be imprisoned in the State prison not more than
ten years, or fined not more than one thousand dollars,
or punished by both such fine and imprisonment. (Act
approved March 8, 1907, Sec. 16; Laws 1907, Chap. 168.)
Sec. 625. Defective Machines — Procedure. — In case
any voting machine used in any election shall
during or before the time the polls are open, become
injured so as to render it inoperative in whole or
in part, it shall be the duty of the judges of election
immediately to give notice thereof to the County
Commissioners, and it shall be the duty of said Com-
STATE OF MONTANA 109
missioners, if possible, to repair the machine at once
or to substitute another machine for 'the injured machine;
and, at the close of the polls, if a machine has been so
substituted, the records of both machines shall be taken
and the votes shown on their corresponding counters J^ptibi?^of^?epai"rsT
shall be added together in ascertaining and determining procedure,
the result of the election. If no other machine can be
procured for use at such election, and the injured machine
cannot be repaired in time for further use at such elec-
tion, the judges of said election may permit the use of
unofficial ballots by the voters, which ballots may be
received by the judges of election and placed by them in
a receptacle to be provided therefor by them and counted
with the votes registered on the voting machine, and the
resu't declared the same as if there had been no accident
to tire voting machine ; any marking of such official ballots
by the voters which shall clearly indicate their intentions
shall be deemed a proper and sufficient manner of voting;
for this purpose the printed diagram of reduced size re-
ferred to in Section 615 may be used if the same can be
procured, or ballots may be made from such suitable paper
or other material as the precinct election board can pro-
cure. The unofficial ballots thus voted shall be preserved
and returned to the County Commissioners with a state-
ment setting forth how and why the same were used.
(Act approved March 6, 1909; Laws 1909, Chap. 99.) •
STATE OP MONTANA 111
CANVASSING AND RETURNING THE VOTE.
(Sections refer" to Revised Codes of 1907; sections in
brackets refer to Codes of 1895.)
Section 572. Canvass to be Public and Without Adjournment.
573. Mode of Canvassing,
574. "WTiere Ballots are in Excess of Names on Check
List.
575. What Ballots Must be Counted.
576. Ascertaining the Number of Votes Cast and Per-
sons Voted for.
577. Tickets to be Strung and Enclosed in Sealed En-
velopes.
578. Rejected Ballots.
579. Return List.
580. Election Returns by Judges — How Made.
581. One of the Judges to Keep Certain Papers amd
the Ballot Box.
582. Custody of Election Returns.
583. Delivery to County Clerk.
584. Filing of Ballots and Stubs by County Clerk.
585. Keeping Returns Pending Contest.
586. Disposition of Returns Prior to Canvass of Vote.
587. Clerk to File in His Office Books — Papers, etc.
Sec. 572. (Sec. 1400.) Canvass to Be Public
and Without Adjournment — As soon as the polls are
closed the judges must immediately proceed to canvass
the votes given at such election. The canvass must be
public in the presence of bystanders, and must be
continued without adjournment until completed and the
result thereof is publicly declared.
Sec. 573. (Sec. 1401.) Mode of Canvassing. — The can-
vass 'must commience by a comparison of the poll lists
from the commencement, and the correction of any mis- proceed
takes that may be found therein, until they are found
to agree. The judges must then take out of the box
the ballots unopened except to ascertain whether each
ballot is single, and count the same to determine whether
the number of ballots correspond with the number of
names on the poll lists. If two or more ballots are found
so folded together as to present the appearance of a single
ballot, they must be laid aside until the count of the
ballots is completed, and if on comparing the count with
the poll lists and further considering the appearance of
Judges, how to
112
ELECTION LAWS
Duty of Judges.
Intention of elec-
tor.
such ballots, a majority of the judges are of the opinion
that the ballots thus folded together were voted by one
elector, they must be rejected, otherwise they must be
counted.
Sec. 574. (Sec. 1402.) Where Ballots Are in Excess
of Names on Check Lists. — If the ballots are found to
exceed in number the whole number of names on the
poll list, they must be placed in the box (after being
purged in the manner above stated), and one of the
judges must, publicly and without looking into the box,
draw therefrom singly and destroy unopened so many
ballots as are equal to such excess. And the judges
must make a record on the poll list of the number of
ballots so destroyed.
Sec. 575. (Sec. 1403.) What Ballots Must Be Counted. —
In the canvass of the votes any ballot which is not en-
dorsed, as provided in this title, by the official stamp,
is void and must not be counted, and any ballot or parts
of a ballot from which it is impossible to determine the
elector's choice is void and must not be counted; if part
of a ballot is sufficiently plain to gather therefrom the
elector's intention, it is the duty of the judges of election
to count such part.
Sec. 576. (Sec. 1404.) Ascertaining the Number of
Votes Cast and Persons Voted For. — The ballots and
poll lists agreeing or being made to agree, the judges
must then proceed to count and ascertain the number of
Judges and Clerks, votes cast for each person voted for. In making such
o procee . count the ballots must be opened singly by one of the
judges, and the contents thereof, while exposed to the
view of the other judges, must be distinctly read aloud
by the judge who opens the ballot. As the ballots are
read each clerk must write at full length on a sheet to be
known as a tally sheet, the name of every person voted
for and of the office for which he received votes, and
keep by tallies on such sheet the number of votes for
each person. The tally sheets must then be compared
and their correctness ascertained, and the clerks must,
under the supervision of the judges, immediately there-
after set down, at length and in their proper places in
STATE OP MONTANA 113
the poll books, the names of all persons voted for, the
offices for which they respectively received votes, and the
total number of votes received by each person, as shown
by the tally sheets.' No 'ballot or vote rejected by the
judges must be included in the count provided for in this
section.
Sec. 577. (Sec. 1405.) Tickets to Be Strung and En-
closed in Sealed Envelopes. — The ballots, as isoon as read,
or rejected for illegality, must be strung upon a string
by one of the judges, and must not thereafter be examined
by any person, >must, as soon as all legal ballots are
counted, be carefully sealed in a strong envelope, each
member of the judges writing his name across the seal.
Sec. 578. (Sec. 1406.) Rejected Ballots. — Any ballot
rejected for illegality must be marked by the judges, by
writing across the face thereof: "Rejected on the ground
of ," filling the blank with a brief statement
of the reasons for the rejection, which statement must
be dated and signed by a majority of the judges.
Sec. 579. (Sec. 1407.) Return List. — As soon as all
the votes are counted and the ballots sealed up, the
poll books must be signed and certified to by the judges
and clerks of election substantially as in the form in
Section 519 (1302) of this code.
Sec. 580. Election Returns by Judges; How Made. —
The judges must, before they adjourn, enclose in a strong
envelope, securely sealed up and directed to the County
Clerk, the check lists, all certificates of registration re-
ceived by them, one of the lists of the persons challenged, procedure,
one of the poll books, one of the tally sheets and the
official oaths taken by the judges and clerks of election;
and must enclose in a separate package or envelope se-
curely sealed up and directed to the County Clerk, all
detached stubs from ballots voted, and all unused ballots
with the numbered stubs attached ; and must also enclose
in a separate package or envelope, securely sealed up
and directed to the County Clerk, all ballots voted, in-
cluding all voted ballots which, for any reason, were not
counted or allowed, and endorse on the outside thereof
"Ballots voted." Each of the judges must write his name
114 ELECTION LAWS
across the seal of each of said envelopes or packages.
(Act. March 5, 1907, Sec. 6; Laws 1907, Chap. 88.)
Sec. 581. (Sec. 1409.) One of the Judges to Keep
Certain Papers and the Ballot Box — The judges must
select one of their number to retain, open to the inspec-
tion of all electors, for at least six months, the other list
of persons challenged, the other tally sheet and poll 'book.
Tlie judge so selected must also retain the ballot box.
Sec. 582. Custody of Election Returns. — The sealed
envelope containing the check lists, ^certificates of regis-
tration, poll book, tally sheets, oaths of election offi'cers;
also the package or envelope containing the detached
stubs and unused ballots, must, before the judges adjourn,
be delivered to one of their number, to be determined
by lot, unless otherwise agreed upon. (Act. March 5,
1907, Sec. 7; Laws 1907, Chap. 88.)
Sec. 583. (Sec. 141 1.) Delivery to County Clerk. — ^The
judges to whom such packages are delivered must, within
twenty-four hours, deliver them without their having
been opened to the County Clerk, or convey the same
unopened to the postoffiice nearest the house in which
the election for such precinct was held and register and
mail the same, duly directed to the said clerk.
Sec. 584. Filing of Ballots and Stubs by County Clerk. —
Ballots and stubs Upon the receipt of the packages by the County Clerk,
long.^ ^^ °^ he must file the one containing the ballots voted and the
one containing the detached stubs and unused ballots, and
must keep them unopened and unaltered for twelve
months, after which time, if there is no contest com-
menced in some tribunal having jurisdiction about such
election, he must burn such packages, or envelopes,
without opening or examining their contents. (Act
March 5, 1907, Sec. 8; Laws 1907, Chap. 88.)
Sec. 585. Keeping Returns Pending Contest. — If, within
twelve months, there is such a contest commenced, he
must keep the packages or envelopes unopened and un-
altered until it is finally determined, when he must, as
provided in the preceding section, destroy them, unless
the same are, by virtue of an order of the tribunal in
which the contest is pending, brought and opened before
STATE OF MONTANA . HE
it, to the end that evidence may be had of their contents,
in which event the packages or envelopes and their con-
tents are in the custody of such tribunal. (Act March 5,
1907, Sec. 9; Laws 1907, Chap. 88.)
Sec. 586. Disposition of Returns Prior to Canvass of
Vote. — The envelopes containing the check lists, certifi-
cates of registration, poll book, tally sheets and oaths of
election officers must be filed by the County Clerk and be
kept by him, unopened and unaltered, until the Board of
County Commissioners meet for the purpose of canvass-
ing the returns, when (he must produce them before such
board, where the same shall be opened. (Act March 5,
1907, Sec. 10; Laws 1907, Chap. 88.)
Sec. 587. (Sec. 1415.) Clerk to File in His OfEce
Books, Papers, Etc. — As soon as the returns are can-
vassed, the clerk must file in his offilce the poll book,
lists and the papers produced before the board from t'he
packages mentioned in the next preceding section.
STATE OP MONTANA 117
CANVASS OF RETURNS — DECLARATION OF
RESULT — COMMISSIONS AND CER-
TIFICATES OF ELECTION.
(Sections refer to Revised Codes of 1907; sections in
brackets refer to Codes of 1895.)
Section 588. Meeting of Coimty Commissioners to Canvass
Returns.
589* In Case of Absence Certain County Officers to Act.
590. Canvass to be Postponed — Wben,
591. Canvass to be Public.
592. Statement of the Results to be Entered of Record.
593. Duties of Canvass'ng Boards — Tie Vote for State
Senator or Representative.
594; Certificate Issued by tbe Clerk.
595. Returns for Joint Members of House of Represen-
tatives.
596. How Transmitted.
597. Duty of Clerk receiving Such Returns.
598. State Returns — How Made.
599. How Tfansmitted.
600. State Canvassers — Who Comprise — When to Meet.
601. Messenger May be Sent for Returns — His Duty
and Compensation.
602. Governor to Issue Commission.
603. Tie Vote on State Officers.
604. Tie Vote on Judicial Officers. * '
605. Tie Vote on Representatives in Congress.
606. Defects in Form of Returns to be Disregarded.
607. Duty of Secretary of State to Print Election
Laws.
608. Penalties.
Sec. 588. (Sec. 1430.) Meeting of County Commis-
sioners to Canvass Returns. — The Board of County Com-
missioners of each county is ex-ofEcio a board of county
canvassers for the county, and must meet as a board
of county canvassers at the usual place of meeting of
the County Commissioners within ten days after each
election at twelve o'clock noon, to canvass the returns.
Sec. 589. (Sec. 1431.) In Case of Absence, Certain
County Officers to Act. — If at the time and place ap-
pointed for such meeting, one or more of the County
Commissioners should not attend, the place of the ab-
sentees must be supplied by one or more of the following
jjg ELECTION LAWS
CQunty officers, whose duty it is to act in the order named,
to-wit: The Treasurer, the Assessor, the Sheriff, so thait
the board of county canvassers shall always consist of
three acting members. The clerk of the board of County
Commissioners is the clerk of the board of county can-
vassers.
Sec. 590. (Sec. 1432.) Canvass to Be Postponed,
When. — If at the time of meeting the returns from each
Belated returns. ... ^ • t • i n j u
precmct m the county m which polls were opened nave
been received, the board of county canvassers must then
and there proceed to canvass the returns; but if all the
returns have not been received the canvass must be post-
poned from day to day until all of the returns are re-
ceived, or until seven postponements have been had. If
the returns from any election precinct have not been
received by the County Clerk within seven days after
any election, it is his duty forthwith to send a messenger
to the judges for the missing returns, who must procure
such returns from the judges, or any of them, and return
the same to the County Clerk. Such messenger must be
paid out of the county treasury, fifteen cents per mile in
going and coming. If it appears to the board, by evi-
dence, that the polls were not opened in any precinct,
and no returns have been received therefrom, the board
must certify to the same, and file such certificate with
the County Clerk, with the evidence, if any, who must
enter the same in the minutes and in the statements
mentioned in Section 592 (1434).
Sec. 591. (Sec. 1433.) Canvass to Be Public. — The
canvass must be made in public by opening the returns
and determining therefrom the vote of such county or
precinct for each person voted for, and for and against
Immaterial irregu- ^^^^ proposition voted upon at suoh election, and declar-
larities. ing the result thereof. In canvassing, no returns must
be rejected if it can be ascertained therefrom the number
of votes cast for each person. The fact that the returns
do not show who administered the oath to the judges
or clerks of election, or a failure to fill out all the cer-
tificates in the poll books, or to do or perform any other
axt in making up the returns, that is not essential to de-
STATE OF MONTANA 119
termine for whom the votes were cast, is not such an
irregularity as to entitle the board to reject the same,
but they must be canvassed as other returns are.
Sec. 592. (Sec. 1434.) Statement of the Results to
Be Entered of Record.-- -The clerk of the board must,
as soon as the result is declared, enter on the records
of such board a statement of such result, which statement
must show:
1. The whole number of votes cast in the county.
2. The names of the persons voted for, and the propo-
sitions voted upon.
3. The office to fill which each person was voted for.
4. The number of votes given at each precinct to each
of such persons, and for and against each of such propo-
sitions.
5. The number of votes given in the county to each of
such persons, and for and against each of such proposi-
tions.
Sec. 593. (Sec. 1435.) Duties of Canvassing Boards —
Tie Vote for State Senator or Representative. — The board
must declare elected the person having the highest num-
ber of votes given for each office to be filled by the votes
of a single county or a subdivision thereof, and in the
event of two or more persons receiving an equal and
sufficient number of votes to elect to the office of State
Senator, or member of the House of Representatives, it
shall be the duty of the board, under the direction of
and in the presence of the district court, or Judge thereof,
to recount the ballots cast for such persons, and the
board shall declare elected the person or persons shown
by the recount to have the highest number of votes if
such recount shall show that two or more such persons
receive an equal and sufficient number of votes to eleQt
to the same office, then, and in that event, the board shall
certify such facts to the Governor. (Approved March 4,
1909; Laws 1909, Chap. 84.)
Sec. 594. (Sec. 1436.) Certificates Issued by the
Clerk. — The clerk of the Board of County Commissioners
must immediately make out and deliver to such person
(except to the person elected District Judge) a certificate
120 ELECTION LAWS
of election signed by him and authenticated with the
seal of the Board of County Commissioners.
^ec. 595. (Sec. 1437.) Returns for Joint Members of
House of Representatives. — When there are members of
Duty of County , ,^ r -r^ • , t <• 1 ,1 ^
Clerks. the House of Representatives voted for, by the electors
of a district composed of two or more counties, each
of the clerks of the counties composing such district,
immediately after making out the statement specified in
Section 592 (1434), must make a certified abstract of so
much thereof as relates to the election of such officers.
Sec. 596. (Sec. 1438O How Transmitted. — The clerk
must seal up snch abstract, indorse it "Election returns,"
and without delay transmit the same by mail to the clerk
of the Board of Commissioners of the county which stands
first in alphabetical arrangement in the list of counties
composing such district.
Sec. 597. (Sec. 1439.) Duty of Clerk Receiving Such
Returns. — The clerk to whom the returns of a district
are made, must on the twentieth day after such election,
or sooner, if the returns from all the counties in the
district have been received, open in public such returns,
and from them and the statement of the vote for such
officers in his own county:
1. Make a statement of the vote of the district for
such officers, and file the same, togetlier with the returns,
in his office.
2. Transmit a certified copy of such statement to the
Secretary of State.
3. Make out and deliver or transmit by mail to the
person elected a certificate of election (unless it is by
law otherwise provided).
Sec. 598. (Sec. 1440.) State Returns, How Made. —
Duty of Clerk of When there has been a general or special election for
Sonars. ^°"'°'^^" officers voted for by the electors of the State at large
or for judicial officers (except justices of the peace), each
clerk of the board of county canvassers, so soon as the
statement of the vote of his county is made out and en-
tered upon the records of the Board of County Commis-
sioners, must make a certified abstract of so much thereof
as relates to the votes given for persons for said offices
to be filled at such election.
Belated returns.
STATE OF MONTANA 121
Sec. 599- (Sec. 1441.) How Transmitted. — ^The clerk
must seal up such abstract, indorse it "Election returns,"
and without delay transmit it by mail, registered, to the
Secretary of State.
Sec. 600. (Sec. 1442.) State Canvassers, Who Com- g^ate Boax* of
prise, When to Meet.— On the first Monday of December canvassers,
after the day of election, at twelve o'clock noon, the
State Auditor, State Treasurer, and Attorney General,
who constitute a board of State canvassers, must meet
in the office of the Secretary of State and compute and
determine the vote, and the Secretary of State, who is
secretary of said board, must make out and file in his
office a statement thereof and transmit a copy of such
statement to the Governor.
Sec. 601. (Sec. 1443.) Messenger May Be Sent for
Returns — His Duty and Compensation. — If the returns
from all the counties have not been received on the fifth
day before the day designated for the meeting of the
board of State canvassers, the Secretary of State must
forthwith send a messenger to the clerk of the board of
county canvassers of the delinquent county, and such clerk
must furnish the messenger with a certified copy of the
statement mentioned in Section 592 (1434). The person
appointed is entitled to receive as compensation five
dollars per day for the time necessarily consumed in
such service and the traveling expenses necessarily in-
curred. His account therefor, certified by the Secretary
of State, after being allowed by the board of examiners,
must be paid out of the general fund of the State treasury.
Sec. 602. (Sec. 1444.) Governor to Issue Commission. —
Upon receipt of such copy mentioned in Section 600 (1442)
the governor must issue commissions to the persons who
from it appear to have received the highest number of
votes for offices to be filled at such election. In case a
Governor has been elected to succeed himself, the Sec-
retary of State must issue the commission.
Sec. 603. (Sec. 1445.) Tie Vote on State Officers. — procedure.
In case of a tie vote for State officers, as specified in
Section 457 (1171) of this code, it is the duty of the
Secretary of State to transmit to the Legislative Assembly,
122
ELECTION LAWS
Precedure.
Procedure.
UatrtbutioB of
at its next regular session, a certified copy of the state-
ment showing the vote cast for the two or more persons
having an equal and the highest number of votes for any
State office.
Sec. 604. (Sec. 1446.) Tie Vote on Judicial Officers. —
In case any two or more persons have an equal and
highest number of votes for Justices of the Supreme
Court, or Judge of a District Court, the Secretary of
State must transmit to the Governor a certified statement
showing the vote cast for such person and thereupon the
Governor must appoint an eligible person to hold office,
as in case of other vacancies in such offices.
Sec. 605. (Sec. 1447.) Tie Vote on Representatives in
Congress. — In case of a failure by reason of a tie vote
or otherwise, to elect a Representative in Congress, the
Secretary of State must transmit to the Governor a certi-
fied statement showing the vote cast for such persons
voted for, and in case of a failure to elect, by reason
of a tie vote, or otherwise, the Governor must order a
special election.
Sec. 606. (Sec. 1448.) Defect in Form of Returns to
Be Disregarded. — No declaration of the result, commission
or certificate must be withheld on account of any defect
or informality in the return of any election, if it can,
with reasonable certainty, be ascertained from such re-
turn what office is intended and who is elected thereto.
Sec. 607. (Sec. 1449.) Duty of Secretary of State to
Print Election Laws. — It is the duty of the Secretary
of State to cause to be published, in pamphlet form, a
sufficient number of copies of this title, and such other
provisions of law as bear upon the subject of elections,
and to transmit the proper number to each County Clerk,
whose duty it is to furnish each election officer in his
county with one of such copies.
Sec. 608. (Sec. 1450.) Penalties.— The penalties for
^e violation of this title are prescribed in Title IV,
Part I, of the Penal Code. (See Crimes Against Elective
Franchise, at end of Pamphlet.)
STATE OF MONTANA 123
ELECTION FOR ELECTORS OF PRESIDENT AND
VICE PRESIDENT.
(Sections refer to Revised Codes of 1907; the Sections
in brackets refer to Codes of 1895.)
Section 626. Electors, WTien Chosen
627. Returns, How Made.
628. Duty of Grovernor.
629. Meeting of Electors.
630. Vacancies — How Supplied.
631. Voting of Electors and Return.
632. Separate Ballots for President and Vice-President.
633. Must Make Lists of Persons Voted for.
634. Results to be Transmitted as Provided by Law of
the United States.
635. Compensation of Electors.
636. How Audited and Paid.
Sec. 626. ((Sec. 1460.) Electors, When Chosen,— At
the general election in November preceding the time fixed
by the law of the United States for the choice of Presi-
dent and Vice President of the United States, there must
be elected as many Electors of President and Vice Presi-
dent as this State is entitled to appoint.
Sec. 627. (Sec. 1461.) Returns, How Made. — The votes
for Electors of President and Vice President must be
canvassed, certified to and returned in the same manner
as the votes for State officers.
Sec. 628. (Sec. 1462.) Duty of Governor. — The Gover-
nor must transmit to each of the Electors a certificate
of election, and on or before the day of their meeting
deliver to each of the Electors a list of the names of
Electors, and must do all other things required by him
in the premises by any act of Congress in force at the
time.
Sec. 629. (Sec. 1463.) Meeting of Electors. — The
Electors chosen must assemble at the seat of govern-
ment on the second Monday in January next after their
election, at two o'clock in the afternoon.
Sec. 630. (Sec. 1464.) Vacanacies, How Supplied. — In
case of the death or absence of any Elector chosen, or in
case the number of Electors from any cause be deficient,
124 ELECTION LAWIS
the Electors then present must elect, from the citizens
of the State, so many persons as will supply such de-
ficiency.
Sec. 631. (Sec. 1465.) Voting by Electors and Re-
turns.— The Electors when convened must vote by ballot
for one person for President and one for Vice President
of the United States, one of whom at least is not an
inhabitant of this State.
Sec. 632. (Sec. 1466.) Separate Ballots for President
and Vice President. — They must name in their ballots
the persons voted for as President, and in distinct ballots
the persons voted for as Vice President.
Sec. 633. (Sec. 1467.) Must Make Lists of Persons
Voted For, — They must make distinct lists of all persons
voted for as President and of all persons voted for as
Vice President, and of the number of votes given for each.
Sec. 634. (Sec. 1468.) Results to Be Transmitted as
Provided by Law of the United States. — They must certify,
seal up, and transmit such lists in the manner prescribed
by the constitution and laws of the United States.
Sec. 635. (Sec. 1469.) Compensation of Electors. —
Electors receive the same pay and mileage as is allowed
to members of the Legislative Assembly.
Sec. 636. (Sec. 1470.) How Audited and Paid. — Their
accounts therefor, certified by the Secretary of State, must
be audited by the State Auditor, who must draw his
warrants for the same on the Treasurer, payable out of
the general fund.
(Note: — See Preferential Primaries for President and
Vice President.)
r
STATE OF MONTANA 125
ELECTIONS FOR MEMBERS OF CONGRESS.
Election for Senators.
Section 637. Election for Full Term.
638. Election to Fill Vacancy.
Sec. 537. (Sec. 1480.) Election for Full Term. — Elec-
tions for Senators in Congress for full terms must be held
at the regular session of the Legislative Assembly next
preceding the commencement of the term to be filled.
Sec. 638. (Sec. 1481.) Election to Fill. Vacancy. —
Elections to fill a vacancy in the term of a United States
Senator must be held at the session of the Legislative
Assembly next preceding the occurrence of such vacancy,
or if the Legislative Assembly be in session at the time
of the occurrence of the vacancy, then at such session.
(Note: — See Nomination of Candidates for Office of
United States Senator.)
STATE OF MONTANA 127
y
NOMINATION OF CANDIDATES FOR OFFICE OF
UNITED STATES SENATOR.
(Laws of 191 1, Chapter 60, approved March i, 191 1.)
Section 1. United States Senators— Political State Conirentions
Shall Nominate When— To Certify Nomination.
2. Election Proclamation of the Governor.
3. Electors May Vote for Senators — How.
4. Ballots Shall Contain the Names of Candidates for
United Sitates Senator— Term Sh|all be
Designated.
5. Canvassing— Transmitting and Certifying Vote.
6. Nomination by Petition — Basis for Computing Re-
quired Number of Names on Petition — How Placed
Upon Official Ballot.
7. Governor Shall Certify to the Legislature the Num-
ber of Votes Received by Each Candidate — Can-
didates May File Statement.
8. Candidates for State Senator or the House of Re-
.presentatives May File a Statement in the Of-
fice of the County Recorder — When.
9. Certificate to be Prepared by County Clerk and
Recorder — Publication of Certificates.
Sec. I. It shalil be the duty of the State convention Political state con-
of any political party within the State of Montana, held Tnati?''^wS ''°°'"
next preceding any session of the Legislative Assembly
at which is to be elected a United States Senator, to
nominate in the same manner as candidates for State
officers are nominated, a candidate of such political party
for the office of Senator in the Congress of the United to certify nom-
States and to certify such nomination to the Secretary ^^"°^-
of State in the same manner as is now provided for
certifying nominations of candidates for State officers,
and it shall be the duty of the Secretary of State to Duty of secretary
treat such nominations for Senator in the Congress of °^ ®^^^^'
the United States in the same manner as candidates and
nominations for State officers, "and to certify to the
County Clerk of each county the nominations for United
States Senator, so made as shown by and specified in shaii certify nom-
•^ ^ inations to the
such certificates of nomination at the same time and in ^"h^^ounty!^ °^
the same manner as is now provided by law for the
certification by him to the various county clerks of nomi-
nations made of candidates for State offices."
128 ELECTION LAWS
Sec. 2. The election proclamation of the Governor pro-
vided for in Section 452 and 453, Revised Codes, State of
Election prociama- Montana, 1007, shall contain, in case of a general election
tlon of the . ,.' ,. i - r.i t 'i.^- a
governor. immediately precedmg the session of the Legislative As-
sembly at which is to be elected a United States Senator,
a statement to the eflfect that at such election the electors
may express their choice for the office of United States
Senator.
Sec. 3. At the general election held next preceding
any session of the Legislative Assembly at which is to
be elected a United States Senator, the electors of the
Electors may vote State shall have the risfht to express their choice for
for senators, how. ,-r-r.ir> r^-i <■
such United States Senator, m the same manner as for
the candidates for the various offices to be filled at such
election, and shall have the right to vote in the same
manner as they vote for other candidates for office, for
one or the other of such persons so nominated for the
office of Senator in the Congress of the United States
and certified and appearing upon the offi'cial ballot, as
aforesaid.
Ballots shall con- Scc. 4. All ballots prepared for use at any such elec-
tain the names of . ^ , , , , o . r ^ -rw • ^ ^ 1
candidates for. tion as provided by Section 545 of the Revised Codes
of Montana of 1907, shall contain in each list of candi-
dates of the several parties, the candidates of each po-
litical party for the office of United States Senator, or
„^^ the candidates of such party, in case two are to be elected
When names are _ r j '
to be placed on at the same time, the candidate or candidates, as the
ballots. ' '
case may be, of each political party for the office of
United States Senator being placed first in the list after
words, "For United States Seantor." In case two Senators
are to be elected, the length of the term to fill which
designated^^ ^® each candidate is nominated shall he designated by ap-
propriate reference on the ballot immediately before his
name.
mmlnS^'aSd ^Je?til ^^^- ^' ^^^ "^^^^ ^^^ United States Senator must be
fying vote. canvassed, certified to and transmitted in the same man-
ner as the vote for State officers.
Nomination by ^ec. 6. Candidates for the office of Senator in Congress
^^'*'''"- of the United States may be nominated otherwise than
by political party conventions or primary meetings, in
STATE OF MONTANA 129
the same manner as other candidates for office may now S|^^reqSfred°'^Sm-
be nominated otherwise than by convention or primary ^[iti^n^ names on
meeting, as provided for in Section 524 of the Revised
Codes, State of Montana, 1907. Provided, that in the
case of the first election held under the provisions of
this act, the vote for Governor shall be used as a basis ^i^i^i^^^^tot. ''^°''
of computation and when so nominated their names shall
be placed upon the official ballot to be used at such
general election, in the same ^manner as is now provided
by law for State officers not nominated by convention
or primary meeting, and may be voted upon by the
electors of the State as herein provided in relation to
candidates for Senator in the Congress of the United
States nominated by political conventions or primary
meetings.
Sec. 7. The Governor shall, upon the convening of any
., _ ... A rt, ,.1 TT-xi Governor shall cer-
session of the Legislative Assembly at which a united tify to the legisia-
States Senator is to be elected, transmit to each house votes ?ece"i^ed^by
a certificate showing the number of votes received by
each candidate for United States Senator, so nominated
as aforesaid, as returned to him by the State board of
canvassers, for their information and guidance.
Sec. 8. Any candidate for the office of Senator or
Representative in the Legislative A:-sembly who has been Aie^^stet^ment.^^
nominated by a party convention for such office, or who
has been nominated by a party convention for such
office as provided for in Section 524 of the Revised
Codes, State of Montana, 1907, may not more
than thirty days nor less than twenty -days,
before the day upon which the general election is to be
held, file with the County Clerk and Recorder of the
county wherein such person is a candidate, one or the
other of the following statements:
Statement No. i.
I state to the people of Montana, as well as to the statement No. 1.
people of my county, that during my term of office I
will always vote for that candidate for United States
Senator in Congress who has received the highest num-
ber of the people's votes for that position at the general
election next preceding the election of a Senator in Con-
130
Statement No. 2.
Certificate to be
prepared by county-
clerk and recorder.
Publication of
certificates.
Repealing clause.
ELECTION LAWS
gres^ without regard to my individual preference.
(Signature of Candidate.)
Statement No. 2.
During my term of office I shall consider the vote of
the people for the United States Senator in Congress
as nothing more than a recommendation which I shall
be at liberty to wholly disregard, if the reason for doing
so seems to 'me to be sufficient.
(Signature of Candidate.)
Sec. 9. Each County Clerk and Recorder within the
State of Montana shall prepare a certificate under his
liand and the seal of his office, showing what candidates
for the office of Senator or Representative in the Legis-
lative Assembly have duly signed and filed Statement
No. I, and also showing what candidates for such offices
have duly signed and filed Statement No. 2, and also
showing what candidates for office have failed to file
either of said statements, and shall cause such certificate
to be published in some newspaper, either weekly or
daily, within his said county, and if there be a daily news-
paper published in said county, said certificate shall ;be
published in said daily newspaper for fourteen successive
days next preceding the day upon which such general
election is to be held, and if there be no daily newspaper
published in said county, then said certificate shall be
published in some weekly newspaper published in said
county once each week during the two weeks next pre-
ceding the day of such general election.
Sec. 10. All acts and parts of acts in conflict with this
act are hereby repealed.
Sec. II. This act shall be in full force and effect from
and after its passage and approval.
A Bill to Propose by Initiative a Law to Instruct the
Members of the Legislative Assembly to Vote for and
Elect the Candidates Selected by the People for United
States Senator From Montana.
STATE OP MONTANA 131
(Initiated by the people and passed at general election
of November, 1912.)
Be It Enacted by the People of the State of Montana:
Sec. I. That we, the people of the State of Montana,
hereby instruct our Representatives and Senators in our
Legislative Assembly, as such officers, to vote for and
elect the candidates for United States Senator from this
State who receive the highest number of votes at our
general elections.
ELECTIONS FOR REPRESENTATIVES IN
CONGRESS.
SeiStion 639. When Held.
640. Returns — How Made.
641. Certificates Issued by Governor.
Sec. 639. (Sec. 1490.) When Held. — At the general
election to be held in the year eighteen hundred and
ninety-two and at the general election every two years
thereafter, there must be elected for each congressional
district one Representative to the Congress of the United
States.
(Note : — Montana is now entitled to two Representa-
tives in Congress.)
Sec. 640. (Sec. 1491.) Returns, How Made. — ^The vote
for Representative in Congress must be canvassed, cer-
tified to and transmitted in the saime manner as the vote
for State officers.
Sec. 641. (Sec. 1492.) Certificates Issued by Gover-
nor.— The Governor must, upon the receipt of the state-
ment mentioned in Section 600 (1442), transmit to the
person elected a certificate of his election, sealed with
the great seal and attested by the Secretary of State.
STATE OF MONTANA 133
APPORTIONMENT AND REPRESENTATION.
(Constitutional Provisions.)
ARTICLE V;I.
Sec. I. One Representative in the Congress of the
United States shall he 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 pre-
scribed by law. When a new appwDrtionment shall be
made by Congress the Legislative Assembly shall divide
the State into congressional districts accordingly.
Sec. 2. The Legislative Assembly shall provide by
law for an enumeration of the inhabitants of the State
in the year 1895 and every tenth year thereafter; and
at the session next following such enumeration, and also
at the session next following an enumeration made by
the authority of the United States, shall revise and adjust
the apportionment for Representatives on the hasis of
such enumeration according to ratios to be fixed by law.
Sec. 3. Representative districts may be altered from
time to time as public convenience may require. When
a representative district shall be composed of two or
more counties, they shall be contiguous, and the districts
as compact as may be. No county shall be divided in the
formation of representative districts.
Sec. 4. Whenever new counties are created, each of
said counties shall be entitled to one Senator, but in no
case shall a senatorial district consist of more than one
county. (See also Section 42, Revised Codes, 1907.)
ARTICLE V.
Legislative Department.
Sec. 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.
Sec. 3. No person shall be a Representative who shall
not have attained the age of twenty-one years, or a Sena-
tor who shall not have attained the age of twenty-four
years, and who shall not be a citizen of the United States,
136 ELECTION LAWS
JUDICIAL DISTRICTS.
As at Present Constituted, With Number of Judges
in Each.
First District: County of Lewis and Clark — Two
Judges.
Second District: County of Silver Bow — Three Judges.
Third District: Counties of Deer Lodge, Powell and
Granite — One Judge.
Fourth District: Counties of Missoula, Ravalli and
Sanders — Two Judges.
Fifth District: Counties of Beaverhead, Jefferson and
Madison — Two Judges.
Sixth District: Counties of Park, Stillwater and Sweet
Grass — One Judge.
Seventh District : Counties of Custer, Dawson and Fal-
lon— One Judge.
Eighth District: Counties o'f Cascade and Teton — Two
Judges.
Ninth District: County of Gallatin — One Judge.
Tenth District: County of Fergus — ^One Judge.
Eleventh District: Counties of Flathead and Lincoln-
One Judge.
Twelfth District: Counties of Blaine, Chouteau, Hill,
Sheridan and Valley — Two Judges.
Thirteenth District: Counties of Carhon, Musselshell,
Rosebud, Yellowstone and Big Horn — Two Judges.
Fourteenth District: Counties of Meagher and Broad-
water— One Judge.
(Note: — The above includes all counties created up to
date of publication of this pamphlet.)
JUDICIAL OFFICERS.
JUSTICES OF THE SUPREME COURT.
Constitutional Provisions — Article VIII.
Sec. 6. The Justices of the Supreme Court shall be
elected by electors of the State at large, as hereinafter
provided.
Sec. 7. The term of office of the Justices of the Su-
preme Court, except as in this constitution otherwise
provided, shall be six years.
STATE OF MONTANA 137
Sec. 8. There shall be elected at the first general elec-
tion, 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 ofiice until the general election in the year one
thousand eight hundred ninety-two (1892), and one of
the Associate Justices to hold his offi'ce until the general
election in the year one thousand eight hundred ninety-
four (1894), and the other Associate Justice to hold his
offiice until the general 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 election one Chief
Justice or one Associate Justice shall be elected at the
general election every two years, commencing in the
year one thousand eight hundred ninety-two (1892), and
if the Legislative Assembly shall increase the number
of Justices to five, the first terms of offiice of such addi-
tional Justices shall be fixed by law in such manner
that at least one of the five Justices shall be elected every
two years.
Sec. 10. No person shall be elegible to the office of
Justice of the Supreme Court, unless he shall have been
admitted to practice law in the 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.
Code Provisions.
(Sections refer to Revised Codes of 1907; Sections in
brackets refer to Codes of 1895.)
Section 6244. Justices — Election — Terms of Office.
6245. Computation of Years of Office.
6246. Vacancies.
Sec. 6244. (Sec. 12.) Justices — Election and Terms
of Office. — The Supreme Court consists of a Chief Justice
and two Associate Justices, who shall be elected by the
ELECTION LAWS
qualified electors of the State at large, at the general
State elections next preceding the expiration of the terms
cf office of their predecessors respectively, and hold their
offices for the term of six years from and after the first
Mondays of January next succeeding their election;
Provided, that of the Justices elected at the general State
election of 1889, the Ohief Justice shall go out of office
on the. first Monday of January, 1893, and the two Associ-
ate Justices shall go out of office on the first Mondays
of January, 1895 and 1897, respectively.
Sec. 6245. (Sec. 13.) Computation of Years of Office. —
The years during which a Justice of the Supreme, Court
is to hold offi'ce are to be computed respectively from
and including the first Monday of January of any one
year to and excluding the first Monday of January of
the next succeeding year.
Sec. 6246. (Sec. 14.) Vacancies. — If a vacancy occur
in the office -of a Justice of the Supreme Court, the
Governor must appoint an elegible person to hold the
offi'ce until the election and qualification of a Justice to
fill the vacancy, which election must take place at the
next succeeding general election ; and the Justice so
elected holds the office for the remainder of the unexpired
term of his predecessor.
JUDGES OF THE DISTRICT COURTS.
Constitutional Provisions — Article VIII.
Sec. 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 ihe is elected during his term
of office.
STATE OF MONTANA 139
Code Provisions.
Section 6264. Number of Judges in Districts
6267. Term of Office.
6268. Computation of Years of Office.
6269. Vacancies.
Sec. 6264. Number of Judges in District Court. — In
each judicial district there must be a Judge of the Dis-
trict Court, who must be elected by the qualified voters
of 'the district, and whose term of office is four years.
Sec. 6267. (Sec. 33.) Term of Office. — The term of
office of Judges of the District Court begins on the first
Monday of January next succeeding their election.
Sec. 6268. (Sec. 34.) Computation of Years of Office. —
The years during which a Judge of a District Court is
to hold office are to be computed, respectively, from and
including the first Monday of January of any one year
to and excluding the first Monday of January, of the
next succeeding year.
Sec. 6269. (Sec. 35.) Vacancy. — If a vacancy occur in
the office of a Judge of a District Court, the Governor
must appoint an elegible person to hold the office until
the election and qualification of a Judge to fill the va-
cancy, which election must take place at the next suc-
ceeding general election, and the Judge so elected holds
office for the remainder of the unexpired term.
JUSTICES OF THE PEACE.
Constitutional Provision — Article VIII.
Sec. 20. There shall be elected in each organized town-
ship 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 constitution,
for the term of two years.
Code Provisions.
Section 6279. Justices' Courts and Justices.
6283. Terms of Office.
6284. Vacancies.
Sec. 6279. (Sec. 60.) Justices' Courts and Justices.
140 ELECTION LAWS
There must be at least two Justices' Courts in each of
the organized townships of the State, for which two
Justices of the Peace must be elected by the qualified
electors of the township at the general State election
next preceding the expiration of the term of office of his
predecessor.
Sec. 6283. (Sec. 64.) Terms of Office. — The term of
offiice of Justices of the Peace is two years from the first
Monday in January next succeeding their election.
Sec. 6284. (Sec. 65.) Vacancies. — If a vacancy occurs in
the office of a Justice of the Peace, the County Commis-
sioners of the county must appoint an eligible person to
hold the office for the remainder of the unexpired term.
(Note: — Act of 1909 (Chapter 113), providing for non-
partisan nomination of judicial officers, held unconstitu-
tional in State ex rel. Holliday v. O'Leary, 43 Mont. 157,
decided March 29, 191 1.)
STATE OF MONTANA 141
GOVERNMENT OF COUNTIES.
Constitutional Provisions — Article XVI.
Sec. 4. In each county there shall 'be elected three
County Commissioners whose term of offi'ce shall be for
six years ; Provided, that the term of office of those elected
on November 6, 1900, shall expire on the first Monday
in January, 1907; Provided further, that at the general
election to be held in November, 1902 (in counties where
Commissioners are to be elected) three Commissioners
are to be elected whose terms shall expire on the first
Monday in January, 1907 ; Provided further, that at the
general election to be held in November, 1900, one Com-
missioner shall be elected for a term of two years, one
Com,missioner shall be elected for a term of four years,
and one Commissioner shall be elected for a term of
six years, whose term of office shall commence on the
said first Monday in January, 1907; and, Provided further,
that at each general election thereafter, commencing with
the 'general election to be held in Novem'ber, 1908, one
Commissioner shall be elected for a term of six years.
A vacancy in the Board of County Commissioners shall
be filled by the Judge of the judicial district in which the
vacancy occurs. (Adopted November 4, 1902.)
Sec. 5. There shall be elected in each county the
following officers : One County Clerk, who shall be clerk
of the Board of the County Commissioners and ex-officio
Recorder ; one Sherifif ; one Treasurer, who shall be collector
of taxes; Provided, That no person shall hold the office of
County Treasurer for more than two consecutive terms;
one County Superintendent of Schools; one County Sur-
veyor; one Assessor; one Coroner; one Public Adminis-
trator. Persons elected to the different offices named in
this section shall hold their respective offices for the
term of two years, and until their successors are elected
and qualified. Vacancies in all county, township and
precinct offilces, 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.
140 ELECTION LAWS
There must be at least two Justices' Courts in each of
the organized townships of the State, for whic'h two
Justices of the Peace must be elected by the qualified
electors of the township at the general State election
next preceding the expiration of the term of office of his
predecessor.
Sec. 6283. (Sec. 64.) Terms of Office. — The term of
offiice of Justices of the Peace is two years from the first
Monday in January next succeeding t'heir election.
Sec. 6284. (Sec. 65.) Vacancies. — If a vacancy occurs in
the office of a Justice of the Peace, the County Commis-
sioners of the county must appoint an eligible person to
hold the office for the remainder of the unexpired term.
(Note: — Act of 1909 (Chapter 113), providing for non-
partisan nomination of judicial officers, held unconstitu-
tional in State ex rel. Holliday v. O'Leary, 43 Mont. 157,
decided March 29, 1911.)
STATE OF MONTANA 141
GOVERNMENT OF COUNTIES.
Constitutional Provisions — Article XVI.
Sec. 4. In each county there shall 'be elected three
County Commissioners whose term of office shall be for
six years ; Provided, that the term of office of those elected
on November 6, 1900, shall expire on the first Monday
in January, 1907; Provided further, that at the general
election to be held in November, 1902 (in counties where
Commissioners are to be elected) three Commissioners
are to be elected whose terms shall expire on the first
Monday in January, 1907 ; Provided further, that at the
general election to be held in November, 1900, one Com-
missioner shall be elected for a term of two years, one
Commissioner shall be elected for a term of four years,
and one Commissioner shall be elected for a term of
six years, whose term of office shall commence on the
said first Monday in January, 1907; and. Provided further,
that at each general election thereafter, commencing with
the 'general election to be held in Novem'ber, 1908, one
Commissioner shall be elected for a term of six years.
A vacancy in the Board of County Commissioners shall
be filled by the Judge of the judicial district in which the
vacancy occurs. (Adopted November 4, 1902.)
Sec. 5. There shall be elected in each county the
following officers : One County Clerk, who shall be clerk
of the Board of the County Commissioners and ex-officio
Recorder ; one Sheriff ; one Treasurer, who shall be collector
of taxes ; Provided, That no person shall hold the offi'ce of
County Treasurer for more than two consecutive terms;
one County Superintendent of Schools ; one County Sur-
veyor; one Assessor; one Coroner; one Public Adminis-
trator. Persons elected to the different offices named in
this section shall hold their respective offices for the
term of two years, and until their successors are elected
and qualified. Vacancies in all county, township and
precinct offilces, 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.
142 ELECTION LAWS
Sec. 6. The Legislative Assembly may provide for the
election or appointment of such other county, township,
precinct and municipal officers as public convenience
may require, and their terms of office shall be as pre-
scribed by law, not in any case to exceed two years,
except as in this constitution otherwise provided.
Code Provisions.
(Sections refer to Revised Codes of 1907; Sections in
brackets refer to Codes of 1895.)
Section 2955. General Qualification for County Office.
2956. -Same for District and Township Offices.
2957. County Officers Enumerated.
2958. Township Officers.
2960. County and Other Officers— When Elected and
Term of Office.
2961. Election and Terms of County (Commissioners.
2962. District Judges and Justices of the Peace —
Election and Term of Office.
Sec. 2955. (Sec. 4310.) General Qualifications for
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 tb be
exercised or for which he is elected.
Sec. 2956. (Sec. 431 1.) Same for District and Town-
ship Office. — No person is eligible to a district or town-
ship 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 exer-
cised or for which he is elected.
Sec. 2957. (Sec. 4312.) County 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 fourth, fifth, sixth,
seventh and eighth class counties.
A County Attorney.
A Surveyor.
A Coroner.
STATE OF MONTANA 143
A Public Administrator.
An Assessor.
A County Superintendent of Common Schools.
A Board of County Commissioners.
Sec. 2958. (Sec. 4313.) Township Officers. — The offi-
cers of townships are: Two Justices of the Peace, two
Constables, and such other inferior and subordinate offi-
cers as are provided for elsewhere in this code, or by
the Board of County Commissioners.
Sec. 2960. (Sec. 4315.) County and Other Officers,
When Elected and Term of Office. — All elective county
and township officers, except County Commissioners, must
be elected at the general election to be held in the year
eighteen hundred and ninety-four, and at the general
election to be held every second year thereafter, and
must take office on the first Monday of January next
succeeding their election, except County Treasurer, whose
term begins on the first Monday of March next succeed-
ing his election, and hold office for two years.
Sec. 2961. (Sec. 4316.) Election and Terms of County
Commissioners. — The election and terms of office of
County Commissioners are provided for in the constitu-
tion. _^
Sec. 2962. (Sec. 4317.) District Judges and Justices
of the Peace; Election and Term of Office. — The election
and terms of office of District Judges and Justices of the
Peace are provided for in Title I of the Code of Civil
Procedure.
STATE OF MONTANA 145
NEW COUNTIES — CREATION, ORGANIZATION,
CLASSIFICATION, ETC.
(Thirteenth Session, Chapter 133, P. 484.)
Secftion 1. Valuation of Property in Old and New Counties.
2. Presentation of Petition — Procedure.
3. Creation of Proposed New County .
4. Resolution by County Commissioners.
5. Officers Elect — Qualifications,
6. Adjustment of Indebtedness.
7. Same — Procedure.
8. Same — Commissioners — Compensation.
9. Assessment and Collection of Taxes.
10. Road and School Funds — Distribution.
11. Books and County Records.
12. Actions Pending in District Courts.
]o. Publication of Notice.
14. State Senator and Representative of New County.
15. Violation of Official Duty — Misdemeanor.
IZ. Repealing Clause.
17. Act to Take Effect— When.
CHAPTER 133.
An Act to Amend Sections i, 2, 3 and 4 and re-enacting
Sections 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17
of Chapter 112, of the Session Laws of the Twelfth
Legislative Assem'bly of 1911, Entitled, "An Act to
Provide for the Creation, Organization and Classifica-
tion of New Counties, for Locating the County Seats,
for the Election and Appointment of Officers, for the
Adjustment and Fulfillment of the Rights and Obliga-
tions Arising Between Such New Counties and Other
Counties, and Providing Penalties for the Violation
Thereof."
Be tt Enacted by the Legislative Assembly of the State of Montana:
Sec. I. New counties may, from time to time, be
formed and created in this State from portions of one or
more counties already in existence, in the manner set
forth in this act ; Provided, however, that no new counties Sy"1n°new a^nd^
shall be established which shall reduce any county to
an assessed valuation of less than five million of dollars ;
nor shall any new county be formed which contains an
assessed valuation of property less than three million
dollars, as shown by the last preceding assessment of
old counties.
146
ELECTION LAWS
Boundary lines.
I.iability for in-
debtedness.
Presentation of
petition, to whom.
the county or counties from which such new county is
to :be established; nor shall any line thereof pass within
eighteen miles of the county seat of any county proposed
to be divided, and in every case where the county seat
of the county sought to be divided is situated at or within
the boundaries of any incorporated town or city, such
county seat shall, for the purpose of this act, be held
to include and to be coterminous with the territory in-
cluded within the boundaries of the incorporated town
or city whereat or wherein the county seat of the county
sought to be divided is situated, as such boundaries are
legally fixed and determined at the date of the filing
of the petition or petitions referred to in Section 2 of
this act, nor shall any new county 'be formed which shall
reduce to less than eight hundred square miles of sur-
veyed land the area of any existing county from which
territory is taken to form such new county. Every
county which shall be enlarged or created from territory
taken from any other county or counties shall be liable
for a pro rata proportion of the existing debts and lia-
bilities of the county or counties from which such terri-
tory shall be taken and shall be entitled to a pro rata
porportion of the assets of the county or counties from
which such territory is taken to be determined as herein-
after provided :
Sec. 2. 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 said new county
is to be formed, in case said county is to be formed
from but one county, or to the Board of County Com-
missioners 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 em-
powered and have the jurisdiction to do and perform all
acts provided for to be done or performed in this act,
for each of the several counties from which any proposed
territory is to be taken, and shall direct that a certified
STATE OF MONTANA 147
copy of all orders and proceedings had before such Board officers ^o?°the*^sev-
of County Commissioners shall be certified 'by the County ^^^^ counties.
Clerk to the Board of County Commissioners of each of
the several counties from which any territory is taken
by the proposed new county, and all officers of any such
county from which any territory is taken by tlje pro-
posed new 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 one-half of the qualified electors
of the proposed new county, whose names appear on
the official registration books used at the general election
held therein last preceding the presentation of said peti-
tion to the Board of County Commissioners as herein
provided ; Ptovided, that in cases where the proposed
new county is to be formed from portions of two or more
existing counties, separate petitions shall be presented
from the territory taken from each county; and each of
said separate petitions shall be signed by at least one-
half 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. Such petition or petitions
shall contain: Contents of
A particular description of the boundaries of the pro-
posed new county to be formed; and a statement that
no line thereof passes within eighteen miles of the county
seat of any county proposed to be divided;
A statement of the assessed valuation of such pro-
posed county, as shown 'by the last preceding assessment
of the county or counties from which such new county
is to be established, provided that the statement of as-
sessed valuation of such proposed county and such state-
ment shall show the number of miles of railroads or
railroad therein, together with the total assessed valuation
thereof, as fixed by the State board of equalization ;
A statement of the area in square miles which will
petitions.
148 ELECTION LAWS
remain in the county ot counties from which territory
is taken to form such new county, after such new county
is formed;
The name of the proposed new county;
A prayer that such proposed new county be organized
into a new county under the provisions of this act.
There shall be attached to and filed with said petition
or petitions the affidavit of three qualified electors and
peTit?oS^°" °^ tax payers 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 believed
that the statements therein are true, and that it is signed
by at least one-half of the qualified electors of the pro-
posed new county, or of the proposed portion thereof
taken from each existing county, where the proposed
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 verified, and the verifi-
cation 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.
Time for hearing Upon the filing of such petition or petitions and affi-
petmon to be davit with the clerk of the said Board of County Com-
missioners, said board shall forthwith fix a date to hear
the proof of the said petitions and of any opponents
thereto, which date must not be more than thirty days
subsequent to the filing of such petition with the clerk
of said board.
Said Board of County Commissioners shall also at the
same time designate a newspaper of general circulation
published in the old counties, but not within the proposed
Publication of„^ -i.ji ^ f f
notice. "Cw county, and also a newspaper of general circulation
published within the boundaries of the proposed new
county, if there be such, in which the said board 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:
STATE OP MONTANA 149
Notice.
Notice is hereby given that a petition has been pre-
sented to the Board of County Commissioners of
County (naming the county represented by the Board
of County Commissioners with which said petition was
filed) praying for the formation of a new county out
of a portion of the said County and
County (naming the county or counties out of which
it is proposed to form the new county), and that said ,
petition will be heard by the said Board of County Com-
missioners at its place of meeting (designating the city
or town and the day and hour of the meeting so to be
held), when and where all persons interested may appear
and oppose the granting of said petition and make any
objection thereto.
^^^'^^ Form and contents
By order of the Board of County Commissioners of
County.
By Chairman.
Atbest : , County Clerk.
Said petitioners shall on or before the date fixed for
said hearing, or on or before the date to which said
hearing may have been adjourned, file with said Board
of County Commissioners a bond to be approved by said ^°"^ *° ^ ^*''®°'
board, in such amount as the said board shall designate,
but not exceeding five thousand dollars, payable to the
county in which said petition is filed, conditioned that
the obligators named in said bond will pay to said county
all expenses incurred in the proceedings and election
provided for in this act, not exceeding the amount speci-
fied in said bond, in the event that at the election herein
provided for more than thirty-five per cent of the votes
cast at said election are "For the new county of ,.
(naming proposed new county) No."
At the time so fixed for said hearing the Board of Hearing, procedure.
County Commissioners shall proceed to hear the peti-
tioners and any opponents upon the petition or protests
filed, on or before the time fixed for the hearing, no
petition or protests shall be considered unless the same
is filed on or before the time fixed for the hearing, and
150 ELECTION LAWS
may adjourn such hearing from time to time, not ex-
ceeding fourteen days in all, and shall receive the proofs
offered to establish or controvert the facts set forth in
said petition or petitions and on the final hearing of
such petition or petitions said board shall by resolution
entered on its minutes determine:
First — The boundaries of the proposed new county, and
the iboundaries so determined by said Board of County
Commissioners shall be the boundaries of such proposed
new county if it be created as herein provided.
Second — Whether the said petition contains the genuine
signatures of at least one-half of the qualified electors
of the proposed new county, as herein required, or, in
cases where separate petitions are presented from por-
tions of two or more existing counties, as herein required,
whether each petition is signed by at least one-half of
the qualified electors of that portion of each of such ex-
isting counties, which it is proposed to take into the
proposed new county.
Third — Whether any line of the proposed new county
passes within eighteen miles of the county seat of any
county proposed to be divided.
Fourth — Whether the proposed new county will contain
property according to the last preceding assessment which
will equal in amount at least three million dollars, and
the assessed valuation of all railroad or railroads within
the proposed county shall be added to the assessment of
property contained in said proposed county, in estimating
and determining' the amount of the assessed valuation
of property thereof.
Fifth — Whether the area of any existing county from
which territory is taken to form such new county will
be reduced to less than eight hundred square miles of
surveyed land by taking the territory proposed to 'be
taken therefrom to form such new county.
Sixth — ^The class to which said proposed new county
after its creation shall .belong, and the name of said pro-
posed new county as stated in such petition.
On the final 'hearing said Board of County Commis-
STATE OP MONTANA 151
sioners must, upon petition of not less than fifty per cent ^Ly^ching?^ pro-
of the qualified electors of any territory lying within P^^ed boundaries,
said proposed new county and 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 included
within the proposed new county, make such changes in
the proposed boundaries as will exclude such territory
from such new county, and shall establish and define
such boundaries; Provided, that if any change or changes
so made shall result in reducing the valuation of the
proposed new county to less than an assessed valuation
of three million dollars, then such new county shall not
be created or organized; and. Provided further, that no New county shall
change shall be made which shall leave the territory so when.^ ^^^^ ^ '
excluded separate and apart from and without the county
of which it was formerly a part; petitions for exclusion
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 determination of
boundaries no changes in the boundaries originally pro-
posed shall be made except as prayed for in said petition
or petitions or to correct clerical errors or uncertainties.
Sec. 3. If the said Board of County Commissioners
determines that the formation of said proposed new
county will not reduce any county from which any terri-
tory is taken to an assessed valuation of less than five
million dollars, nor the area thereof to less than eight
hundred (800) square miles of surveyed land, and that
the proposed new county contains property of an assessed
valuation of at least three million dollars, and that no posed^°new' comTty,
line of said proposed new county passes within eighteen p^°®^"^®-
miles of the county seat of any county proposed to be
divided, and that said petition contains the genuine sig-
natures of at least one-half 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
petitions contain the genuine signatures of at least one-
half of the qualified electors of that portion of the pro-
152 ELECTION LAWS
posed new county from which it is taken, then said Board
of County Commissioners shall divide the proposed new
county into a convenient number of townships, road and
school districts, and define their boundaries and designate
the names of such districts, and each of them ; they shall
also, if necessary for the purpose of the election herein-
after 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 existing
county in which it is located and from which the terri-
tory is proposed to be taken ; and said board shall appoint
the election officers to act at said election and to be paid
mation^f ei^ctionT by Said board. Within two weeks after its determination
of the truth of the allegations of said petition as afore-
said, the said Board oi County Commissioners 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 new county, not less than ninety nor
more than one hundred and twenty days thereafter, for
the purpose of determining whether such territory shall
be established and organized into a new county, and for
the election of officers and locating 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 resident 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 were on
the official registration list at the last general election,
5lStors?^^°'^ ^^ ^^ who are entitled to be registered for said special elec-
tion under the provisions of this act, shall be entitled to
vote at said election. Registration and transfers of regis-
tration 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.
STATE OF MONTANA 153
Such 'proclamation and notice of election shall be pu'b- "^"o^^am'tT °'f
lished at least once a week for three weeks before hold- election,
ing of such election, in some newspaper of general cir-
culation 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 ballots, manner of
words, "For the new County of (giving the voting.
name of proposed new county), Yes," and, "For the new
County of (giving the name of 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 organizatioTi 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 coun-
ties of the class to which said proposed new county will choice for county
belong, as determined by the Board of County Com- ^®^^*
missioners as herein directed and in the manner provided
by law, except as herein otherwise provided. There shall
also be printed upon said ballots 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 a special election to be 'held, as provided in this act,
the question of the election of the county seat is hereby
provided to be submitted to the qualified electors of the
proposed new county, and the majority of all the votes
cast therefor shall determine the election thereon. In
154
ELECTION LAWS
Duty of County
Clerk.
Duty of county
officers.
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 ail votes cast, shall be designated as the tem-
porary county seat, and in case any city or town is not
the choice of the election for the county seat by a ma-
jority of all votes cast, the question of choice between
the two places for which the 'highest number of votes
shall have been cast, shall he submitted in like manner
to the qualified electors at the next general election there-
after. When the county seat shall have been selected
as herein provided, it shall not thereafter ;be changed.
The proclamation calling the election and the notice
thereof provided for in this act shall ibe 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 lists, tally lists, registers for voters' signatures, ballot
boxes and other election supplies and equipment neces-
sary to conduct such election and which are not herein-
after specifically directed to be furnished ;by the Clerk
of another county or counties.
Such election shall he 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 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. The County Clerk of each county from
which territory is taken for the proposed new county
shall, not less than five days toefore the date of such
election, furnish to each board of election within said
proposed new county, the book of affidavits of registra-
tion 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 he made to
STATE OF MONTANA 155
the Board of County Commissioners calling such election.
All nomination of candidates for the offiices required
to 'be filled at said election shall be made in the manner
provided by law for the nomination of candidates for all
general State elections.
The provision of the election laws relating to prepara- Election laws
. . , ,• .1 • r 1 1 11 ^ J a.1 applicable.
tion, printing and distribution of sample ballots and the
provisions of said laws relating to primary elections in
this State shall have application to any election provided .
for in this act.
Sec. 4. If upon the canvass of the votes cast at such
election it appears that fifty-one per cent of the votes
cast where the proposed new county is formed from one
existing county, or that fifty-one per cent of the votes
cast in the territory taken from each county, where the
proposed new county is formed from two or more existing
counties are, "For the new County of (naming
it). Yes," the Board of County Commissioners shall by
a resolution entered upon its minutes declare such terri-
tory duly formed and created as a county of this State,
of the class to which the 'same shall belong, under the Resolution by
name of County (naming it), and that the place l^^^^^^ commis-
(naming it) receiving the highest number of votes cast
at said election for county seat shall be the county seat
of said county until removed in the manner provided
by law, and designating and declaring the persons re-
ceiving 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 from and after
the date of such filling 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 performance of their duties, as re-
quired by the laws of the State. The clerk of the Board
of County Commissioners with whidh said petition was
filed, as herein provided, must immediately make out and
deliver to each of said persons so declared and designated
X56 ELECTION LAWS
to be elected, a certificate of election authenticated by
his signature and the seal of said Board of County Com-
missioners. All the officers elected at said election, or
appointed under this act, shall hold their offices until the
Certificates of ^jme provided by general law for the election and quali-
fication of such officers in this State and until their suc-
cessors are elected and qualified, and for the purpose of
Terms of office. determining the term of office of such officers, the years
said officers are to hold office are to be computed re-
spectively from and including 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-nine per cent of the votes cast at said election
where the proposed new county is formed from one ex-
Defeat of proposi- isting county, or that more than forty-nine per cent of
tion, effect ^j^g votcs in the territory taken from any county, where
the proposed new county is formed from two or more
existing counties, are "For the new County of
(naming it). No," the Board of County Commissioners
canvassing said vote as provided herein shall pass a reso-
lution in accordance therewith and thereupon the pro-
ceedings relating to the division of such county or counties
shall cease and determine, and no other proceedings in
relation to the division of said county or counties shall
be instituted for at least two years after such determina-
tion.
Sec. 5. At the election provided for in Section 3 of
this act there shall be chosen such county, township and
district officers as are now or may hereafter by general
law be provided for in counties of the class to which
the said new county is determined to belong, as herein
provided.
Provided also, that all duly elected, qualified and acting
Justices of the Peace and Constables residing within the
Officers elect, , , . , ,. .°. , ,
qualification, etc. proposed new county at the time of the division of such
county into townships as hereinbefore in Section 3 hereof
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
STATE OF MONTANA 157
in which they reside, when said townships are organized
as provided in this act; Also Provided, 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 Sec-
tion 3 hereof provided, shall hold office as School Trus-
tees 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 manner provided by law for such offiicers, except
as herein otherwise provided, and shall enter upon the
discharge of the duties of 'his office within twenty days
after the receipt of the certificate of his election. Each
of such officers may take the oath of office before any
officers authorized by the law of the State of Montana
to administer oaths, and the ibond of any officer from
whom 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 provision of this act shadl
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 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 pan of "what °
and organized in pursuance of the provisions of this act ^''^'''^^^ district,
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 iby him designating such new
county as attached to the particular judicial district for
judicial purposes.
Sec. 6. It shall be the duty of the persons elected to
or continuing to hold the office of County Commissioners
of said new county to meet at the county seat thereof
within five days after all of them shall have qualified,
and upon organization of said Board of County Commis- ^oard of county
sioners, it shall notify the Governor of the State of the duuS!""^'"''^'""'
158 ELECTION LAWS
organization of said county, and thereupon it shall be
the duty of the Governor to appoint three persons, one
of whom shall be resident and taxpayer within the new
county and no two of whom shall be from any one county;
the three persons so appointed shall form and be a Board
of Commissioners. Such Commissioners shall within ten
days after the notice of the appointment meet at the
county seat of the new county and organize by electing
indiMedness.^' from their number a chairman, and also elect a secretary,
who must not 'be a member of said commission. There-
after such commission may meet at such place or places
as it may select. A majority of said Commissioners shall
constitute a quorum for the transaction of business. Said
commission shall have power to compel 'by citation or
subpoena, signed by their president and secretary, the
attendance of such persons and the production of 'such
books and papers before said commission as may be
required in the performance of the duties imposed by this
act, except that the official records of any county or
counties from which said new county was formed shall
in no case be taken from the county seat of said county.
It shall! be the duty of the Sheriff of any county to ex-
ecute in his county all lawful orders and citations of the
said commission; and for any services so performed, the
Sheriff shall be allowed the same fees as are allowed to
him for services in civil actions, and all witnesses attend-
ing before said commission shall be entitled to the same
compensation and mileage as is allowed to witnesses in
civil actions in courts of record; Provided, that no witness
shall be excused from attendance at the time and place
mentioned in said order or citation by reason of the
failure of the officer making such service to tender to
such witness his fees and mileage in advance.
Sec. 7. Said Board of Commissioners shall immediately
after its organization ascertain the costs of the election
held hereunder and apportion the same pro rata between
deM^SS* pJoJ""" ^^^^ °^ ^^^ counties from which territory was taken to
^^<^"^e- ' form such new county, and said new county, and shall
also ascertain the indebtedness of each county from which
territory was taken to form the new county, as the same
existed at the time when the result of the election was
STATE OF MONTANA 159
declared by the Board of County Commissioners as here-
inbefore provided, and also the total value of all property
at the time belonging to each of said counties from which
territory was taken, and situate within the limits of said
old counties respectively. It shall also ascertain the
assessed value of all property in each of the original old
counties from which territory was so taken, according
to the last completed assessment made for said county,
and also the assessed value, under the same assessment,
of all property within the territory of the new county
which shall have been taken from the old county or
counties from which said new county was formed. They
shall then find the diflference between the amount of the
indebtedness of the old county and the value of the prop-
erty belonging to the old county at the date of the dec-
laration of the result of said election, as hereinbefore
provided, and if such indebtedness exceeds the value of
such property belonging to the old county, the new county
shall pay to the old county a due proportion thereof to
be determined as follows : As said assessed value of the
property in the old county is to the said assessed vialue
of the property in the territory provided by this act to
be incorporated within the new county from said old
county, so is the amount of said excess to the amount
to be paid by said new county to said old county. Said
Board of Commissioners shall certify forthwith to the
Board of County Commissioners of the new county and
the old counties thereby affected, the amount constituting
the due proportion of said excess payable by such new
county or each of them; also the value of any property
belonging to each old county at the time when said di-
vision took effect, as hereinbefore provided, which is
situated in the new county! The sum of said ascertained
value of said last mentioned property, added to the ascer-
tained proportion of said excess which the new county
is to pay to the old county, and its proportion of the
expense of said election as aforesaid, shall be an indebted-
ness from the new county to the old county, and the
said property, situated as aforesaid in the new county,
shall upon settlement therefor, as provided in this act,
become the property of the new county, and the old
county shall pay the entire indebtedness against it, and
160
ELECTION LAWS
Indebtedness, how
paid.
Compensation of
board of commis-
sioners adjusting
indebtedness.
the expense of said election shall be paid by the coanty
calling such election, and any other county affected
thereby shall pay its proportion thereof as 'hereinbefore
provided.
The proceedings in this section required to be taken
in the ascertainment and adjustment of property rights
and debts shall be had and taken as between said new
county and each of the counties from which territory
is taken to form said new county in the manner and at
the ratio in said section provided. If upon the settlement
between the old and new county as herein provided for,
the new county shall be found to be indebted to the old
county or either of the old counties, the money necessary
to pay said indebtedness shall be raised by a tax levied
upon the property contained in said new county, and said
new county shall pay the same; Provided, 'however, that
such payment by said new county may be made in not
more than three equal annual payments, or hy funds
to be derived from the sale of bonds of said new county,
as may be determined by a resolution of the Board of
County Commissioners of said new county adopted within
one year after the receipt of the statement from the
Board of Commissioners as aforesaid of the amount or
amounts due from it.
Sec. 8. Members of the Board of Commissioners pro-
vided for under this act shall receive a compensation of
not to exceed $8.00 per day for every day they are actu-
ally employed under the provisions of this act, together
with their actual expenses incurred in the performance
of their duties, and the clerk of said board shall receive
as compensation for his services not to exceed $5.00 per
day for every day that he is actually employed under the
provisions of this act, all of which expenses, together with
the reasonable expenses of stationery, postage and in-
cidental expenses shall be borne in equal proportions by
the counties affected by such division, including said
new county, and the amounts payable by each county
shall be paid by the Treasurers of the respective counties,
after the same shall have been presented to and allowed
by the Board of County Commissioners as is provided
by law for claims against any county.
STATE OF MONTANA • 161
Sec. 9. After the creation of a new county, as herein
provided, its officers shall proceed to complete all pro-
ceedings necessary for the assessment or collection of
the State and county taxes for the then current year, and
all acts and steps theretofore taken by the officers of the ^o1?IJti?n''of^t'axes.
old county or counties prior to the creation of the new
county shall be deemed and taken as having been per-
formed by the officers of the new county for the benefit
of the new county ; and upon the creation of the new
county it shall be the duty of the officers of the old
county or counties to immediately execute and deliver
to the Board of County Commissioners of such new
county copies of all assessments or other proceedings
relative to the assessment and collection of the current
State and county taxes of property in such new county.
Such copies shall be filed with the respective officers
of the new county who would have the custody of the
same if the proceeding had been originally had in the
new county, and such certified copies shall be taken and
deemed as originals, and original proceedings in the new
county, and all proceedings therein recited shall be taken
and deemed as original proceedings in the new county,
and shall have the same effect as if the proceedings
therein stated had been had at the proper time and in
the proper manner by the respective officials of the new
county, and the officials of the new county are hereby
authorized and directed to proceed thenceforth with the
assessment and collection of said taxes as if the proceed-
ings originally had in the old county or counties had been
originally had in the new county.
Sec. 10. The Superintendent of Public Schools of the
old county, or each of the old counties respectively, shall county Superin-
furnish the Superintendent of the Public Schools of the 'dtTtfei;^ °^ ^''^°°^''
new county with a certified copy of the last school census
of the different school districts in the territory set apart
to form the new county, and shall certify to the Board
of County Comimissioners the amount due, and said
board shall order a warrant drawn on the Treasurer of
his county in favor of the Treasurer of the new county
for all the money that is or may be due by any appor-
tionment or otherwise to the different school districts
162
ELECTION LAWS
Road and school
funds, distribution.
Books and county-
records.
Status of actions
pending in district
court.
em'braced in the new county from his county, and the
County Treasurer shall certify to the County Commis-
sioners the amount due in the different road funds, and
the County Commissioners shall order a warrant drawn
on the Treasurer of his county in favor of the Treasurer
of the new county for all money that is or may be due
by apportionment or otherwise to the different road and
district funds in the territory set apart to form the new
county from his county, which said amounts shall be
properly credited in both counties. And whenever in
the formation of a new county a road or school district
has been divided the Board of County Commissioners
shall by resolution direct the Treasurer to transfer the
proper proportionate amount of the money remaining in
the fund of such district to the Treasurer of the new
. county.
Sec. II. The Board of County Commissioners of any
new county formed as aforesaid must provide suitable
books and have transcribed from the records of thQ old
county or counties^ all such parts thereof as relate to or
affect property or the title thereof situate in the new
county, and said records when so transcribed and certified
as herein provided shall have the same force and effect
as such original records; the said County Commissioners
shall have full power and authority to contract for tran-
scribing of records as now provided by law.
Sec. 12. All actions pending in the District Court of
the old county or counties for the recovery of the pos-
session of, quieting the title to or for the enforcement
of liens upon, or any other actions affecting real estate
lying in the new county shall on motion of any party
thereto be transferred to the District Court to which
the new county may be attached fo'r judicial purposes,
and thereafter shall be subject to the same laws as if
said action had been originally brought in the District
Court of the new county. All other actions or special
proceedings pending in the District Court or Courts of
said old county or counties, if said new county had been
in existence at the date in which it is pending and on
motion of any party interested therein be transferred to
the District Court of such new county.
STATE OF MONTANA 163
Sec. 13. Whenever in this 9.ct publication of any notice no5ce^**°^ °^
is provided for and no newspaper of general circulation
is published v^ithin the territory in which said notice
is required to be published, notice shall be gven by post-
ing copies of such notice in at least ten public places in
such territory for the same length of time said notice
was required to be published.
state senator and
Sec. 14. The territory within the limits of any new representative of
. . new county.
county until otherwise provided by law shall be entitled
to representation in the State Senate by one State Senator
and to representation in the House of Representatives
by one member of the House of Representatives.
Sec. 15. Any member of any Board of County Com- violation of duty
missioners or any other officer who unlawfully and know- nfisdemSanor.
ingly violates any of the provisions of this act, or fails
to perform any duty imposed upon him hereunder, shall
be guilty of a misdemeanor and of malfeasance in office
and be deprived of his office by a decree of a court of
competent jurisdiction after trial and conviction.
Sec. 16. All acts and parts of acts in conflict herewith
are hereby repealed.
Sec. 17. This act shall be in full force and effect from
and after its passage and approval.
(Approved March 21, 1913.)
STATE OF MONTANA 165
LOCATION OF TEMPORARY AND PERMANENT
COUNTY SEATS IN NEW COUNTIES OR
IN COUNTIES IN WHICH PERMA-
NENT COUNTY SEATS NOT
ESTABLISHED.
Section 1. Duly of County Commissioners in New Counties
Created by the Legislature — County Clerk to
Meet With. Commissionters.
2. Commissioners to Designate by Resolution — Tem-
porary County Seat — To Remain Coumty Seat
Until Permanent Seat is Established by Elec-
tion— When Election to be Held, etc.
3. Procee'dings Upon Filing Petition for County Seat
Election.
4. County Commissioners to Divide County Into Re-
gistration Districts and Polling Precincts —
Duty of County Clerk.
5. Time for Holding Registration — Qualification of Elec-
tors.
C. Appointment of Judges of Election.
7. General Laws of the State Governing Judges Con-
duct of Election Returns and Other Matters
Shall Control.
8. Prescribing Form of Ballot — When Judges May Write
Ballot.
9. Name Inserted in Blank Space Shall be Deemed
a Vote for the Place — Place Selected by Re-
turns as Permanent County Seat.
10. In Event no Town or Place Receives a Majority
of all Votes Cast — Towns to be Voted for at
Next General Election — Form of Ballot.
11. What Laws Shall be Applicable May Govern New
County and its Officers. «
12. Selection of Permanent County Seats in Counties
Heretofore Created and in Which Such County
Seat Has Not Been Fixed.
13. Act Shall Take Effect.
Sec. I. Whenever a county is created hereafter in this
State by legislative enactment, it shall be the duty of
the persons appointed to the ofBce of County Commis-
sioners of such county by the act creating it to meet SSnSs to°m™it.~
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.
166
ELECTION LAWS
Who to act as
clerk.
Temporary county-
seat, commission-
ers to designate.
Disagreement,
procedure.
Election,
ballots.
form of
and then and there organize as a Board of County Com-
misioners by electing one of their number chairman. The
person appointed to the office of County Clerk in the
bill creating the county 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 the office of County Clerk to
act as clerk of such meeting.
Sec. 2. Immediately after the organization of the Board
of County Commissioners, as provided in Section i of
this act, said board shall by a resolution, 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 desig-
nated shall be the temporary county seat of said county
until the 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.
In the event of a majority of the County Commissioners
failing to agree upon the loca,tion of the temporary county
seat, then each County Commissioner shall write the
name of the place he favors as the temporary county
seat on a slip of paper, and said slips shall be enclosed
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 Commissioners 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.
At said first general election after the creation of the
county it shall be the duty of the Board of County Com-
missioners and County Clerk to . have separate official
STATE OF MONTANA 167
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 8 of this act; and the provisions of Section 9
of this act 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 located in the manner and according
to the provisions of said Section 9 of this act. Provided,
however, that at any time within six months after the
passage of an act creatirtg a new county a petition or
petitions may be filed with the County Clerk of the Board pJrmaTenrcoSy^
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 established and existing in the territory embraced
in the new county at the last general election held therein.
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 sign-
ing the petition or petitions appear in the last assess-
ment 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.
Sec. 3. Upon filing said petition or petitions duly cer-
tified to as provided in Section 2 of this act with the
County Clerk of the new county, he must immediately
notify the chairman of the Board of County Commission-
ers, 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 considering the same.
If the board at such meeting finds that said petition con-
168
ELECTION LAWS
When election
shall be held.
Publication of
proclamation.
forms to the requirements Oif and is in accordance with
the provisions of Section 2 of this act, 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 loca-
tion of the permanent county seat. Said e'lection . 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.
To designate poll-
ing places and
appoint registration
agents.
Duty of County-
Clerks.
Sec. 4. At the meeting of the board at wihich 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 registra-
tion districts and establish polling precincts in the man-
ner 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 m^ust furnish
the said registry agents with books, blanks, and other
stationery required for the proper performance of their
duties. . •
Registration.
Sec. 5. The period for the registration of electors shall
be between the hours of 9 a. m. and 9 p. m., on all legal
days, from 9 a. m. of the fourth Monday prior to the
date of said election to 9 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 pub-
lication of notices of registration for general elections.
No person shall be entitled to register 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
STATE OF MONTANA 169
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 on
the day next preceding the day of such election, and
also take and subscribe to the oath provided in Section
479, Revised Codes of Montana. The general election appUcaSie^^^^
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 dlectors in elections
held under this act insofar as the same do not conflict
herewith.
Sec. 6. At the same meeting of the Board of County
Commissioners at 'which the special election for the loca-
tion of the permanent county seat is called, the board judges of election,
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 Sec-
tions 2, 8 and lo hereof, 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.
Sec. 7. The judges appointed for said special election
must qualify as required 'by the general election law, SeSuoS °^
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 Part III, Title II, of the Political
Code of Montana and amendments thereto governing
elections in this State.
Sec. 8. The form of the ballot used at such election
shall be as follows: There shall be a stub across the
top of each ballot and separated therefrom 'by a per- Form of ballot,
forated line. The part above the perforated line, desig-
nated 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:
170
ELECTION LAWS
Elector unable
write, procedure
to
"To vote this 'ballot the elector will write in the blank
space on the ballot the name of the town or place at
wihich he desires the permanent county seat to be lo-
cated." The ballot below the perforated line shall be in
the following- form :
"For the permanent county seat of (here
insert name of county) County my choice is "
Provided, that any person who from any cause is un-
able to write, he may have one of the judges in the
presence of -another judge write his choice on the ballot.
Sec. 9. When the name of a town or place in a county
shall be so inserted in the blank space on such ballot
Canvas of returns, by an elector and the 'ballot has been cast as provided
by law, the same shall be deemed a vote for the desig-
nated town or place as the location of the permanent
county seat of said county. The Board of County Com-
missioners of said county shall canvass the returns of
said election in the manner provided 'by law for the can-
vassing of election returns, and upon such canvassinsr
of the returns the town or place found to have received
a majority of all votes cast on such questions shall be
declared bv 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 proceed-
ing's 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 matmer provided
by law, the permanent cotinty seat of such county. Within
ten days after the declaration of the result of such elec-
tion all records and county offices of the county, if else-
where located, must be moved to and remain at the place
declared the permanent county seat.
Sec. ID. 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 declared
by the board and immediately become the temporary
county seat of the county, and at the next general elec-
tion the two towns or places receiving the greatest num-
ber of votes at said first election shall be the candidates
Result of election.
Procedure in event
no town receive
majority of all
votes.
STATE OF MONTANA 171
for the permanent county seat. At said next general
election the County Clerk shall have separate ballots
in the form provided for in Section 8 of this act printed ^;j^s"?^^nTt ginemi
and distributed as provided 'by law containing the names election.
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 :
D
D
for the (permanent county seat. Form of baiiot.
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 provisions of this act.
Sec. II. All laws of general nature applicable to the Laws applicable
several counties of the State of Montana and to the ^° "^"^ county,
officers thereof and to their powers and duties shall be
applicable to a new coiinty and the officers thereof from
and after the creation of the county, except as otherwise
provided iri this act or the act creating the county.
Sec. 12. Any county heretofore created, in which the
permanent county seat has not been located by valid self "whe?i ''jwx'^^
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 Commissioners at the next
general election after the passage of this act and in the
manner provided herein for the submission of such ques-
tion at general elections; Provided, however, that no spe-
172 ELECTION LAWS
Petition for special (^j^j election shall be called for the purpose of submittino^
election. . . . . . .
such question unless a petition or petitions containing
in the aggre'gate the names of one hundred tax-ipaying
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, containing
the requisite number of taxnpaying electors, which must
be ascertained by the board from the records of said
Duty of county county, Said board must immediately call such special
commissioners. election, as herein provided. If registration districts and
polling precincts have already been established in said
county, they shall remain the same for such special elec-
tion, 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
(3) 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.
Sec. 13. This act shall be in full force and effect from
and after its passage and approval by the Governor.
(Act approved March 9, 191 1; Laws 191 1, Chap. 135,
P 378.)
STATE OF MONTANA 173
REMOVAL OF COUNTY SEAT.
Constitutional Provision — Article XVI.
Sec. 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 qualified elect-
ors of the county, at a general election on a proposition
to remove the county seat, shall vote therefor; but no
such proposition shall be submitted oftener than once in
four years.
Code Pi-ovisions.
(Sections refer to Revised Codes of 1907; Sections in
brackets refer to Codes of 1895.)
Section 2851. Removal of County Seat— Petition.
2852. Submission to Electors — Who Are Taxpayers.
2853. Election — Notice of — How Held and Conducted.
2854. Voter to Vote for Place He Prefers.
2855. Publication of Result.
2856. Place Chosen to be County Seat.
2857. Statement of Result and Notice Transmitted.
2858. No Second Election to be Held Within Four Years.
2859. County Seat May be Removed From Time to Time.
Sec. 2851. (Sec. 4157.) Removal of County Seat —
Petition. — Whenever the inhabitants of any county of this
State desire to remove the county seat of the 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 n;iade.
Sec. 2852. (Sec. 4158.) Submission to Electors — Who
Are Taxpayers. — If the petition is signed by a majority
of the taxpayers of such county the board must at the Petition to be
. - . , . , . ^ subscribed by
next general election submit the question of removal to majority of tax-
the electors of the county; Provided, that the term "tax-
payers" used in this section shall be deemed to mean
*'ad valorem taxpayers," and that for the purpose of test-
ing the sufficiency of any petition which may be presented
to the County Commissioners as provided in this section.
174 ELECTION LAWS
the County Commissioners shall compare such petition
with the poll books in the County Clerk's office con-
stituting the returns of the last election held in their
county, for the purpose of ascertaining whether such
petition bears the names of a majority of the voters listed
therein; and they shall make a similar comparison of the
names signed to the petition with those appearing upon
tlie listed assessment roll of the county for the purpose
of ascertaining whether the petition bears the names of
a majority of the ad valorem taxpayers as listed in said
assessment roll ; and if such petition then shows that
it has not been signed by a majority of the legal voters
of the county who are ad valorem taxpayers thereof, it
shall be deemed insuffi>cient, and the question of removal
of the county seat shall not be submitted.
Sec. 2853. (Sec. 4159.) Election, Notice oi, 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
manner prescribed by law in regard to the submitting
of questions to the electors of a locality under the general
election law.
Sec. 2854. (Sec. 4160.) Voter to Vote for Place He
Prefers. — In voting on the question, each elector must
vote for the place in the county which he prefers, by
placing opposite the name of the place the mark X.
Sec. 2855. (Sec. 4161.) Publication of Result. — When
the returns have been received and compared and the
results ascertained 'by the board, if two-thirds of all the
legal votes cast by those voting on the proposition are
in favor of any particular place, the hoard 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.
Sec. 2856. (Sec. 4162.) 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 he so declared from a day specified in the
notice, not more than ninety days after the election. After
STATE OF MONTANA 175
the day named in the notice, the place chosen is the
county seat of the county.
Sec. 2857. (Sec. 4163.) Statement of Result and
Notice Transmitted. — Whenever any election has been
held, as provided for in the preceding section of this
chapter, the statement made by the Board of County
Commissioners showing the result thereof must be de-
posited in the office of the County Clerk, and iwhenever
the board gives the notice prescribed by Sec. 2856 (Sec
4162), they must transmit a certified copy thereof to
the Secretary of State.
Sec. 2858. (Sec. 4164.) 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.
Sec. 2859. (Sec. 4165.) County Seat May Be 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.
STATE OF MONTANA 177
COUNTY BOND ELECTIONS.
Indebtedness.
Constitution — Article XIII.
Sec. 5. No county shall be allowed to become in-
debted in any manner, or for any purpose, to an amount,
including existing indebtedness, in the aggregate, exceed-
ing five (5) per centum of the (value of the) taxable
property Ijierein, to be ascertained by the last assess-
ment 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 in-
debtedness 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.
Code Provisions.
(Sections refer to Revised Codes of 1907; Sections in
brackets refer to Codes of 1895.)
Section 2933. Comimissifoneris Not to Borrow Money Except as
Provided in Tliis Article.
2934. Commissioners to Determine Amount Necesisary.
2935. Notice of Election to be Given.
2936. Ballots— What to Contain.
2937. When Loan May be Made.
2938. Form of Ballots— Voting.
Sec. 2933. (Sec. 4270.) Commissioners Not to Borrow
Money Except as Provided in This Article. — The Board
of County Commissioners must not borrow money for
any of the purposes mentioned in this title, or for any
single purpose to a-n amount exceeding ten thousand
dollars, without the approval of a majority of the electors
of the county, and without first having submitted the
question of a loan to a vote of such electors.
Sec. 2934. (Sec. 4271.) Commissioners to Determine
Amount Necessary. — Whenever 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.
178 ELECTION LAWS
Sec. 2935. (Sec. 4272.) 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 questions to the electors
of a locality under the general election law.
Sec. 2936. (Sec. 4273.) 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 pre-
fers by making an X opposite the proposition.
Sec. 2937. (Sec. 4274.) 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.
Sec. 2938. Form of Ballots — Voting. — ^That hereafter
whenever, in due course of law, in the mianner 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, increasing or creating a bonded indebted-
ness, is submitted, ordered submitted or to be submitted
to the electors of any county, at a general or other elec-
tion, when at the same time candidates for national. State
or county offiice or offices 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 offi'cial ballots
furnished electors at such election for the purpose of
voting for candidates for any office or offices and con-
taining the names of candidates for office or offilces to
be voted for at such election ; but the County Commis-
sioners 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 fur-
nished and containing the names of such candidates for
offi*ce. Said separate ballots shall be white in color and
STATE OF MONTANA 179
of convenient size, being only large enough to contain
the printing 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 thereunder 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 suf-
ficient size to place a plain cross or X therein, and such
arrangfement shall be in this manner:
D
D
For (stating propositions).
Against (stating propositions).
election.
Such separate ballots shall be kept, stamped, given
out, received, counted, returned and disposed of by elec- conduct of
tion 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 offi'cial ballot 'bearing the names of
candidates for ofHce, 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 proposition separate from the voter's other
official ballot, in the ballot box.
STATE OP MONTANA 181
LOCAL OPTION.
(Sections refer to Revised Codes of 1907; Sections in
brackets refer to Codes of 1895.)
Section 2041. Election to be Ordered Upon Application of One-
Tliird of the Voters of Any County.
2042. Notice of Election — RegiLl;a)tions — Qualifications of
Voters.
2043. Ballots^-What to Contain.
2044. Election— How Held.
2045. Dealing in Intoxicating Liquors ProMbited if Ma-
jority of Vote Against Sale.
2046. No Election More Than Once in Two Years.
2047. Sale of Liquors Prohibited.
2048. Penalty for Violation.
2049. Election — How Contested.
Sec. 2041. (Sec. 3180.) Election 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 hi?d *S^ what um^e^
to be held at the places of holding elections for county
officers, to take place within forty days after the recep-
tion of such petition, to determine whether or not any
spirituous or malt liquors, wine, or cider, or any intoxi-
cating liquors or drinks may be sold within the limits
of the county. No electon under this chapter must take
place in any month in which general elections are held.
The County Commissioners must determine on the suf-
ficiency of the petition presented by the last assessment
roll of the county.
Sec. 2042. (Sec. 3181.) Notice of Election — Regula-
tions— Qualifications of Voters. — The notice of election
must be published once a week for four weeks in such
newsipapers of the county where the election is to be
held as the hoard may think proper.
Sec. 2043. (Sec. 3182.) Ballots, What to Contaiji. —
The County Clerk must furnish the ballots to be cast
at such election, as provided in the general election law,
which ballots must contain the following words : ''Sale
of intoxicating liquors. Yes" ; "Sale of intoxicating liquor^..
)82 ELECTION LAWS
No"; and the elector in order to vote must mark an X
opposite one of the answers.
Sec. 2044. (Sec. 3183.) Election, How Held. — The poll-
ing 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 general election law, as
provided in Title II, Part III, of this code. No new
registration is required, but the provisions of Sections
491 (1222) and 492 (1223) of this code apply.
Sec. 2045. (Sec. 3184.) Dealing in Intoxicating Liquors
Prohibited If Majority of Votes Against Sale. — If a majority
of the votes cast are *'Saie of intoxicating 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 chapter take effect at the expiration of the time
of the publication of the notice, and no license must be
issued pending the publication.
Sec. 2046. (Sec. 3185.) No Election More Than Once
in Two Years. — No other election must be held in the
same county oftener than once in two years thereafter.
Sec. 2047. (Sec. 3186.) Sale of Liquors Prohibited,
When. — If a majority of the votes cast 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
furnish to any person, any alcoholic, spirituous, malt, or
intoxicating liquors.
Sec. 2048. (Sec. 3187.) Penalty for Violation. — If a
majority of the votes at the election are "Sale of intoxi-
cating liquors, No," then any person violating the pro-
visions of this chapter is guilty of a misdemeanor, and
is punishable as prescribed in the penal code.
Sec. 2049. (Sec. 3188.) Election, How Contested. —
Any election held under the provisions of this chapter
may be contested in the same manner as prescribed in
Title II, Part III, of the Code of Civil Procedure.
STATE OF MONTANA 183
Duties of County Commissioners Relative to Elections.
(Sections refer to Revised Codes of 1907; Sections in
brackets refer to Codes of 1895.)
Section 2939. To Provide Appliances to Hold Elections.
2940. Certificates Issued as Board of Canvassers.
Sec. 2939. (Sec. 4280.) Provide Appliances to Hold
Elections. — The Board of County Commissioners must
provide all poll lists, poll books, blank returns and cer-
tificates, 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
officers.
Sec. 2940. (Sec. 4281.) Certificates . Issued as Board
of Canvassers. — Whenever, as canvassers, the Board of
County Commissioners declare 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 office
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."
STATE OF MONTANA 185
GOVERNMENT OF CITIES.
Proceedings for the Organization of a City or Town
and Adding Contiguous Territory.
(Sections refer to Revised Codes of 1907; Sections in
brackets refer to Codes of 1895.)
Section 3208. Steps to be Taken to Incorporate.
3209. Election — How Conducted.
3210. First Election for Officers.
3211. Officers Elected and Conduct of Election.
3215. Election on tlie Question of Annexation.
Sec. 3208. (Sec. 4720.) Steps to Be Taken to Incor-
porate.— 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 Petition and
fifty qualified electors, residents of the State and residing ^^^'
within the limits of the proposed incorporation, to the
Board of County Commissioners 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 residents 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 ap- Procedure,
pointed to take the same must return the list to the
Board of County Commissioners, and the same must be
filed by them in the County Clerk's office. No municipal
corporation must be formed unless the number of in-
habitants is three hundred or upwards. (Act approved
March 3, 1909; Laws 1909, Chap. 56.)
Sec. 3209. (Sec. 4721.) Election, How Conducted. —
After filing the petition and census, if there be the requi- publication of
site number of inhabitants for the formation of a munici- ^°^^^^-
pal corporation, as required in the preceding section,
the County Commissioners must call an election of all
186
ELECTION LAWS
Judges and clerks
of election.
Who may vote.
Terms of office.
the qualified electors residing in the territory described
in the petition. Said election must be held at a conveni-
ent place within the territory described in the 'petition,
to be designated by the board, notice of which election
must be given by publication in some newspaper pub-
lished 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 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
ballots used at the election must be ''For incorporation"
or "Against incorporation," and all elections must be con-
ducted as provided in Title II, Part III, of this code.
Sec. 3210. (Sec. 4722.) First Election for Officers. —
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 officers of the corporation. At such
election all the electors qualified by the general election
laws of the State, and who have resided within th 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 ofiice as prescribed in the next succeeding section.
Sec. 321 1. (Sec. 4723.) Officers to Be Elected and
Conduct of Election. — At such election there must be
elected, in a city 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 city 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
STATE OF MONTANA 18'
first Monday of May after the first annual election, 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 Com-
missioners 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 offi'cers.
******
Sec. 3215. (Sec. 4727.) 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 cor-
poration to be annexed approve of the terms thereof, it
must by ordinance so declare, and thereupon submit the
question of annexation 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 ordinaces 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 _
, . , , . . ', . Effect of
or town to which the annexation is made has power, in annexation.
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 such cities or towns.
18g ELECTION LAWS
Free Public Libraries.
(Sections refer to Revised Codes of 1907; Sections in
brackets refer to Codes of 1895.)
Section 3488. The Council May Establish a Free Public Li-
brary.
3489. Question Submitted to Electors— and Election.
3490. Library Establishbed.
Sec. 3488. (Sec. 5039.) The Council May Establish a
Free Public Library. — ^The Council has power to estab-
lish and maintain a free public library, and for that pur-
pose may provide by ordinance for a tax as follows :
In a city or town having assessed valuation of one million
dollars or more, a tax not exceeding two mills on the
dollar on the property may be levied. In a city or town
having an assessed valuation o.f less than one million
Limit of tax. dollars and more than seven hundred and fifty thousand
dollars, a tax not exceeding two and one-half mills on
the dollar on the property may be levied. In a city or
town having an assessed valuation of less than seven
hundred and fifty thousand dollars, a tax not exceeding
three mills on the dollar on the property may be levied.
The tax so levied and collected constitutes a fund known
as the "library funds," and must be expended only for
the purchase of books and other things necessary for a
library, and the support and mainteance thereof. Provided,
that no increase over the present authorized levy shall
be made until the question of such increase has first
been submitted to a vote of the taxpayers affected thereby.
Sec. 3489. (Sec. 5040.) Question Submitted to Electors,
and Election. — Before any such ordinance is passed the
Council must submit to the qualified electors of the city
Form of ballot. qj. ^^^^ ^^ ^^^ election the question. At such election
the ballots must have printed or written thereon the
words, "Public Library, Yes" ; ''Public Library, No" ; and
in voting the elector must make a cross thus, "X," oppo-
site the answer for which he intends to vote.
Sec. 3490. (Sec. 5041.) Library Established. — If the
Question, when to majority of the votes cast at such election is in favor
be submitted. of the establishment of a public library, then such library
must be established as above provided. Such question
may be submitted at the annual or at any special election
held in such city or town, and must be submitted at
any such election on the petition of one hundred or more
inhabitants of such city or town.
STATE OF MONTANA 189
Officers and Elections.
(Sections refer to Revised Codes of 1907; Sections in
brackets refer to Codes of 1895.)
Section 3216. Officers of the City of the First Class.
3217. Officers of City of Second and Third Classes.
3218. Officers of Towns.
3222. City or Town to be Divided in Wards.
3223. How Divided and Change of Boundaries.
3224. Annual Election of Cities and Towns and Terms
of Office.
3225. Qualification of Mayor.
3226. Terms of Aldermen — How Decided.
3227. Terms— When to Begin.
3228. Who Eligible.
3229. Qualifications of Aldermen.
3230. Registration of Electors.
3231. Qualifications of Electors.
3232. Judges and Clerks of Elections— Voting Places-
Election Precincts.
3233. Canvass — When and How Made.
3234. Oath and Bonds— Vacancy.
3235. When Duties of Office Begin.
3236. Vacancies- How Filled.
Sec. 3216. (Sec. 4740.) Officers of Oity of the First
Class. — The officers of a city of the first class consist of Officers, elected
, ^ . , , . , , T-. 1 . and appointed.
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 Assessor, one Street Commissioner, one
City Jailer, one City Surveyor^ and whenever a paid fire
department is established in such a city, a Chief Engi-
neer and one or more Assistant Engineers, and any other
ofii'cers necessary to carry out the provisions of this title.
The City Council may ,by ordinance prescribe the duties
of all city officers and fix their compensation, subject to
the limitations contained in this title.
Sec. 3217. (Sec. 4741.) Officers of City of Second and
Third Classes. — The officers of a city of the second and a^^^ppointed^*^
third classes consist of one Mayor, two Aldermen from
each ward, one Police Judge, one City Treasurer, who
190 ELECTION LAWS
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 necessary to carry out
the provisions of this title. The City Council may pre-
scribe the duties of all city officers, and fix their com-
pensation, subject to the limitations contained in this
title.
Sec. 3218. (Sec. 4742.) Officers of Towns. — The offi-
cers 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
Officers, elected be appointed by the Mayor, with the advice and consent
of the Council, one Clerk, who may be ex-officio Assessor
and a meml)er 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
offiicers 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 limita-
tions contained in this title.
Sec. 3222. (Sec. 4746.) 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 re-
gard to population so as to make them as nearly equal
as possible.
Sec. 3223. (Sec. 4747.) How Divided, and Change of
Boundaries. — 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, 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. All changes in the num-
ber 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. (Approved March 4, 1909; Laws 1909, Chap. 74.)
STATE OF MONTANA 191
Sec. 3224. (Sec. 4748.) Annual Election of Cities and
Towns — Terms of Office. — On the first Monday of April
of each year a municipal election must be held, at which
the qualified electors of each town or city must elect a
Mayor, and one Alderman from each ward, to be voted ^«*°^" ^1^°*®^-
for by the wards they respectively represent; the Mayor
to hold office for two years and until the qualification
of this successor; and each Alderman so elected to hold
office for a term of two years and until the qualification
of his successor, and also in cities of the first, second and
third class, a Police. Judge and a City Treasurer, who
hold office for a term of two years and until the qualifi-
cation of their successors.
Sec. 3225. (Sec. 4749.) Qualification of Mayor. — No
person shall be eligible to the office of Mayor unless he
shall be at least twenty-five years old and a tax-paying
free holder within the limits of the city and a resident
of the State for at least three years, and a resident of the •
city 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.
Sec. 3226. (Sec. 4750.) Terms of Aldermen, How
Decided. — At the first annual election held after the or-
ganization 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 offilcc^ 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.
Sec. 3227. (Sec. 4751.) Terms, 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.
Sec. 3228. (Sec. 4752.) Who Eligible. — 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 for at least two years
immediately preceding his election or appointment, and
is not a qualified elector thereof.
192 ELECTION LAWS
Sec. 3229. (Sec. 4753.) Qualifications of Aldermen. —
No person shall be eligible to the office of Alderman
unless he shall be a tax-paying freeholder within the
limits of a city and a resident of the ward so electing
him, for at least one year preceding such election.
Sec. 3230. (Sec. 4754.) Registration of Electors. — The
Council must provide by ordinance for the registration
of electO'rs in any city or town, and may prohibit 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 qualification of electors
except as in this title provided.
Sec. 3231. (Sec. 4755.) Qualification of Electors. — All
qualified electors of the State who have resided in the
city or town for six months and in the ward for thirty
days next preceding the election are entitled to vote at
any municipal election.
Sec. 3232. Judges and Clerks of Election — Voting
Places — Election Precincts. — The Council must appoint
judges and clerk of election and places of voting. There
must be at least one place of voting in each ward, and
there may be as many more as the Council by ordinance
shall fix, and the elector must vote in the ward in which
he resides. The election precincts in a city or town must
correspond with 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, and
all elections must be conducted according to the general
laws of the State. In all cities where voting machines
are used, the City Council must subdivide the wards into
such number of voting precincts that there will be no
more than six hundred votes in each precinct. (Act
approved March 3, 1909; Laws 1909, Chap. 59.)
Sec. 3233. (Sec. 4757.) Canvass, When and How
Made. — On Monday following any election the council
must convene and publicly canvass the result, and issue
^^ cretificates of election to each person elected by a plurality
procedure. of votes. When two or more persons have received an
equal and highest number of votes for any one of the
STATE OF MONTANA 193
offices voted for, the Council must thereafter 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 thereafter, and, in addition
to the notice provided for Calling special meetings, must
publish the same on two successive days in some news-
paper published in such city or town. If the Mayor fails
to call said meeting within said five days, any three coun-
cilmen may call it. At such special meetings all elections,
appointments, or other business may be transacted that
could have been on the day first herein named.
Sec. 3234. (Sec. 4758.) 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 re-
ceived, then on or before the date fixed for the assump-
tion by him of the duties of the office to which he may
have been elected or appointed ; but if anyone, either
elected or appointed 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; ur if any
offi'cer absents himself from the city or town contmuously
for ten days without the consent of the Council, or openly
neglects or refuses to discharge 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.
Sec. 3235. (Sec. 4759.) When Duties of Office Begin.—-
The officers elected enter upon their duties the first Mon-
day of May succeeding their election, and officers ap-
pointed by the Mayor, with the advice and consent of
the Council, within ten days after receiving notice of their
appointment.
Sec. 3236. (Sec. 4760.) Vacancies, How Filled. — 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 qualification of the
successor. A vacancy in the office of Alderman must be
194 ELECTION LAWS
filled from the ward in which the vacancy exists, but
if the Council shall fai-l 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 ofifi,ce.
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.
STATE OF MONTANA ^ 19!
Indebtedness of Cities or Towns — Bonds.
Constitution — Article XIII.
Sec. 6. No city, town, township or school district shall
be allowed to become indebted in any manner or for
any purpose to an amount, including existing indebtedness,
in the aggregate exceeding three per centum of the value
of the taxable property therein, to be ascertained by the
last assessment for the 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 city, town, township or school district
shall be void; Provided, however, that the Legislative
Assembly may extend the limit mentioned in this section
by authorizing municipal corporations to submit the ques-
tion 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.
Code Provisions.
(Sections refer to Revised Codes of 1907.)
Section 3454. Creation' of Inidebtedness — Submission to Tax-
payers.
3I55. Notice of Election — Ballots — Registration of Voters.
Sec. 3454. Creation of Indebtedness — Submission to
Taxpayers. — ^Whenever the Council of any city or town,
having a corporate existence in this State, or hereafter
organized under the provisions of this title, shall deem
it necessary to borrow imoney or contract indebtedness
under its powers, as set forth in Subdivision 64 of Section
3259 (4800) of the Political Code, or amendments thereto,
the question of issuing bonds or contracting such in-
debtedness shall first be submitted to the qualified electors
of such city or town in the manner hereinafter set forth ;
Provided, that taxpayers only, as defined by Sections 468
(1187) ^^^ 469 (1188) of the Political Code, shall be
entitled to vote on questions concerning the construction,
purchase or securing of a water plant, water system, water
supply, or sewerage system.
1 90 ELECTION LAWiS
How t.) conduct Cgc lACc. Noticc of Election — Ballots — Registration of
clf-ption. OT^u ^ ^
Voters. — Notice of such election must be published for a
period of not less than three weeks in some newspaper pub-
lished in the city or town, if there be one, and if not then in
the newspaper published at a point in the State nearest to
the city or town, and such notice must be posted in not less
than three public places in the city or town. The notice
must state the time and place of holding the election,
the amount and character of the bonds proposed to be
issued and the particular purpose therefor. At such elec-
tion the ballots must contain the words, "Bonds, Yes" ;
"Bonds, No"; and in voting the elector must make a
cross thus, "X," opposite the answer for which he intends
to vote. Such election must be conducted and canvassed
and the returns made in the same manner as other city
or town elections. The Council may provide by ordinance
for the registration of the taxpayers or qualified electors
of such city or town, and no person shall be entitled to
register or vote at such election who is not a taxpayer
or qualified elector as hereinbefore set forth.
(Sections 3456-3464 following, not having any bearing
upon proceedings relative to election matters, are omitted.)
STATE OP MONTANA 197
BONDING FIRE DISTRICTS IN UNINCORPO-
RATED CITIES AND TOWNS.
(Act approved March 6, 191 1; Laws 191 1, Chap. 107.)
Section 1. Fire Districts in Unincorporated Cities and Towns.
2. Manner of Holding Election — Form of Ballot.
3. Notice of Sale of Bonds and Publication Thereof.
4. Faith of the District Pledged.
5. Tax (to be Levied — Collection of.
6. County Commissioners to Levy the Tax — When —
Amount of Tax.
7. Notice to be Given by County Treasurer to Bond-
holders That he Will Redeem Bonds.
8. Payment of Interest by County Treasurer.
9. Printing of Bonds and Coupons.
10. Felony for Any Fire District to Fail or Refuse to
Pay Any Proceeds of Sale of Bonds Into the
County Treasury.
Sec. I. The Board of Directors of any duly organized
fire district in unincorporated cities or towns within this
state, shall, whenever a majority of the Directors so de- Nature of bonds.
cide, submit to the electors of the district the question
whether the board shall be authorized to issue coupon
bonds to a certain amount, not to exceed three per cent
of the taxable property in said district, and bearing a
certain rate of interest not exceeding six per cent per
annum, and payable and redeemable at a certain time,
for the purpose of purchasing fire equipment, necessary
lands, erecting buildings for fire purposes and establishing
pipe lines. No such bonds shall be issued unless a ma-
jority of all the votes cast at any such election shall
be cast in favor of such issue.
Sec. 2. Such election shall be held in the manner pre- Manner of holding
scribed for the election of fire directors. The ballots ®^®*'"°^-
shall be in form as follows :
"Shall bonds be issued and sold to the amount of Form of ballot.
dollars and bearing not to exceed % interest and
for a period not to exceed years, for the purpose
of purchasing fire equipment, necessary lands, erecting
buildings for fire purposes, and establishing pipe line?
''Bonds, Yes.
"Bonds, No."
The elector shall prepare his ballot by crossing out
198
ELECTION LAWS
Registration of
bonds.
Sale of bonds.
District
corporate
a body'
thereon parts of the ballot in such a manner that the
remaining part shall express his vote upon the question
submitted. If a majority of the votes cast at such elec-
tion are "Bonds, Yes," the Board of Directors shall issue
such bonds in such form as the board may direct, and
they shall bear the signature of the President of the
Board of Directors, and shall be signed by the Secretary
of the said fire district; and the coupons attached to the
bonds shall be signed by the said President and Secretary ;
Provided, a lithographic or engraved facsimile of the signa-
ture of the President and Secretary may be affixed to cou-
pons only, when so recited in the bonds, and the corporate
seal of the fire district shall be attached to each of the bonds ;
and each bond so issued shall be registered by the County
Treasurer in a book provided for that purpose, which
shall show the number and amount of each bond and
the person to whom the same is issued or sold ; and the
said bonds shall be sold by the Fire Directors as herein-
after provided.
Sec. 3. The Fire Directors shall give notice by ad-
vertisement in some newspaper published in this State,
for a period of not less than four weeks, to the effect
that the said Fire Directors will sell said bonds (briefly
describing the same) and stating the time when and place
where such sale will take place; Provided, that the said
bonds shall not be sold for less than their par value, and
that the said Directors are authorized to reject any bids,
and to sell said bonds at private sale, if they deem it for
the best interest of the district; and all moneys arising
from the sale of said bonds shall be paid forthwith into
the treasury of the county in which such district may
be located, to the credit of said district, and the same
shall immediately be available for the purpose authorized
by this title; Provided, that no such bonds shall be de-
livered by the Board of Directors unless the moneys
therefor have been paid into the county treasury.
Sec. 4. The faith of each fire district is solemnly pledged
for the payment of the interest and redemption of the
principal of the bonds which shall be issued under the
provisions of this title. And for the purpose of enforcing
the provisions of this title, each fire district shall be a
STATE OF MONTANA 199
body corporate, which may sue and be sued by or in the
name of the Board of Fire Directors of such district.
Sec. 5. The Fire Directors of each district shall ascer-
tain and levy annually the tax necessary to pay the in- r^-g^^j. j^^y^
terest when it becomes due and a sinking fund to redeem
the bonds at their maturity; and said tax shall become
a lien upon the property in said fire district, and be col-
lected in the same manner as other taxes for fire purposes.
Sec. 6. The County Commissioners, at the time of
making the levy of taxes for county purposes, must levy
a tax for that year upon the taxable property in such
district, for the interest and redemption of said bonds, Duty of county
and such tax must not be less than sufficient to pay the commissioners,
interest of said bonds for that year, and such portion
of the principal as is to become due during such year,
and in any event must be high enough to raise, annually,
for the first half of the term said bonds have to run, a
sufficient sum to pay the interest thereon ; and during the
balance of the term,, high enough to pay such annual
interest, and to pay annually a portion of the principal
of said bonds equal to a sum produced by taking the
whole amount of said bonds outstanding and divide it by
the number of years said bonds have to run; and all
money so levied when collected must be paid into the
county treasury to the credit of such district, kept in a
separate fund and be used for the payment of principal
and interest on said bonds, and for no other purpose.
(a) Provided, That the board may with the surplus of ^.
. -' ^ Disposition of
such smkmg fund, when the same shall be one thousand surplus sinking
fund.
dollars or more, purchase any of the outstanding bonds
issued by the board. Such purchase shall be made at
the lowest price such bonds can be purchased at, but
at no more than par value of such bonds ; and whenever
there shall be such a surplus of sinking fund amounting
to the sum of one thousand dollars, the board shall pur-
chase therewith like bonds on the same terms and con-
ditions as hereinbefore specified.
(b) If for any reason such bonds cannot be purchased
as 'hereinbefore specified, suc'h sinking fund shall be in-
vested by the Treasurer under the direction of the Board s?n'kfn?Tund!'^ '
200
ELECTION LAWS
of Directors, at such times as the board shall direct, in
the interest-bearing bonds of the United States or of
the State of Montana, which shall be purchased at the
* lowest market price. Interest accruing upon such bonds
shall be invested in the same manner and for the same
purpose as sinking fund. Such bonds shall be held by
the Treasurer until the principal of any bonds issued by
the Board of Directors shall become due, and shall be
sold at the highest market price, and the proceeds applied
to the payment of bonds; Provided further, That if at
any time the board s'hall deem it best, it shall be lawful
to sell such bonds for the purpose of purchasing the
bonds issued by such board; but all such sales shall be
at the highest market price, and the bonds of the board
purchased with the proceeds of such sale shall be pur-
chased at the lowest price they can be obtained for, and
not above the par value of such bonds ; Provided further,
That the bonds first maturing shallbe purchased, if they
can be purchased, on terms as favorable to the board as
others offered for sale to the said board. All bonds of
the said board purchased under the authority hereby
given, or paid by the board, shall be forthwith canceled
as provided in the next succeeding section.
Sec. 7. When the sum in said sinking fund shall equal
bonds"^^^°" ^^ °^ excede the amount of any bond then due, the County
Treasurer shall give notice to each bond holder, if known
to him, and shall post in his office a notice that he will,
within thirty days from the date of such notice, redeem
the bonds then payable, giving the numbers thereof, and
preference shall be given to the oldest issue ; and if at
the expiration of the said thirty days the holder or holders
of said bonds shall fail or neglect to present the same for
payment, interest thereon shall cease ; but the treasurer
shall at all times thereafter be ready to redeem the same
on presentation, and when any bonds shall be so purchased
or redeemed, the County Treasurer shall cancel all bonds
so purchased and redeemed by writing across the face
of such bond or bonds in red ink the word "Redeemed"
and the date of such redemption ; Provided, That when-
ever in the judgment of the Board of Fire Directors and
prior to the redemption of said bonds said board shall
Interest.
STATE OF MONTANA 201
deem it advisable and for the best interests of the fire
district to invest said sinking fund or any part thereof,
the board may by an order entered upon their minutes
direct and requiic the County Treasurer to invest said
sinking fund or any part thereof in State or county bonds
or warrants until such redeemable period.
Sec. 8. The County Treasurer shall pay out of any
moneys belonging to a fire district the interest upon any
bonds issued under this title by such district when the
same shall become due, upon the presentation at his office
of the proper coupon which shall show the amount due,
and the number of the bond to which it belonged; and
all coupons so paid shall be reported to the Fire Directors
at their first meeting thereafter.
Sec. 9. The Fire Directors of any district ^hall cause
to be printed or lithographed, at the lowest rates, suitable
bonds, with the coupons attached, when the same shall and "coupons,
become necessary, and pay therefor out of any moneys
in the county treasury to the credit of said fire district.
Sec. 10. If any of the Fire Directors of any district
shall fail or refuse to pay into the proper county treasury violation of pro
the money arising from the sale of any bonds provided for ors!°"feiony. ^^^^
by this title, they shall be deemed guilty of a felony,
and upon conviction thereof shall be punished by im-
prisonment in the State penitentiary for a term of not •
less than ui e year nor more than ten years.
Sec. II. All acts and parts of acts in conflict herewith
are hereby repealed.
Sec. 12. This act shall be in full force and effect from
and after its passage and approval.
Printing of bonds
STATE OP MONTANA 203
INITIATIVE AND REFERENDUM IN CITIES
AND TOWNS.
(Sections refer to Revised Codes of 1907. Act approved
March 8, 1907; Laws 1907, Chapter 167.)
Section 3266. Ordinances — How Initiated.
3267. Submission to Electors.
3268. Ordinance Effective — When.
3269. Referendum Petition.
3270. Submission to Electors.
3271. Special Election May be Called.
3272. Proclamation of Election.
3273. Election Procedujre.
3274. Qualifications of Electors.
3275. Laws Applicable to Election.
3276. Act Not Applicable to What.
Sec. 3266. Ordinances may be proposed by legal
voters of any city or town in this State in ine manner
provided in this act, ei2:ht per cent of the legal voters O" petition of
° ^ ° voters.
of any city or town may propose to the City or Town
Council an ordinance on any 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 their first meeting next following the filing of the
petition. The Council may, within sixty days after the ^n^p°eution ^^^^^^^
presentation of the petition to the Council, pass an ordi-
nance similar to that proposed in the petition, either in
exact terms or with such changes, amendments or modi-
fications as the Council may decide upon. If the ordi-
nance proposed by the petition be passed without change
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. If the Council shall ^^.^io,^ }„ District
have made any change in the proposed ordinance, a suit ^ourt, when,
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 peti-
tioners.
204
Parties to action.
Complaint.
Speedy hearing
Jurisdiction.
Decision, effect.
ELECTION LAWS
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 arguments. 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
construction of the ordinance so passed to determine
whether or not it differs 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. The court shall have juris-
diction 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 that the petition was not regular in form, or not signed
by a sujfficient 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 orainance to
the people, and thereupon the 'same shall be so submitted
STATE OF MONTANA 205
as provided in this act. If the Council shall not within Failure of
^ , council to act
sixty days pass an ordinance on the subject of the ordi- within 6o days,
nance proposed in the petition, then the ordinance pro-
posed by the petition shall be submitted to the people. , ,.
"^ . . . XT f Action may be
Before submitting such ordinance to the people, the Mayor brought by city,
or City or Town Council imay 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 ordi-
nance so proposed would be valid and constitutional. The ^ , ^ ^
^ ^ Defendants.
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 to the body 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 days of ,
in the year ," stating: the date of the filing^. The ^
•^ . Summons.
summons shall be similarly directed and shall be served
on the defendants named therein, and in addition thereto
shall be published at least once, at the expense of the Publication,
city, in at least one newspaper published in the city or
town. In all suits brought under this section the decision j^gj^jsjo^ Anal
of the District Court shall be final, except in cases where
it shall decide that the proposed ordinance would be un-
constitutional or invalid as being beyond the powers of Exception,
the City or Town Council, and in such excepted cases
the petitioners, or any of them, may appeal to the Supreme Appeal without
Court as in other cases, but shall not be required to give ^ond.
any bond for costs. The decision of the District Court
holding such ordinance valid or constitutional shall not,
however, prevent the question to be raised subsequently,
if the ordinance shall be passed and go into eflfect, by costs,
anyone affected by the ordinance. No costs shall be
allowed to either side in suits or appeal.s under this
section.
Sec. 3267. Any ordinance proposed by petition as afore- shaii be voted
said, which shall be entitled to be submitted to the people, eilcu\)n?''^^'' -
shall be voted on at the next regular election to be held
m 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 fr^'ptutfin':"''"
206
ELECTION LAWS
No ordinance
shall be effec-
tive until 30 days
after passage.
Exceptions.
Emergency-
ordinances.
Referendum
petition.
To be voted on
at general elec-
tion.
Special election
on petition.
Special election on
order of council or
may submit at
general election.
of the electors qualified to vote at the last preceding
municipal election.
Sec. 3268. No ordinance or resolution passed by the
Council of any city or town shall become effective until
thirty days after its passage, except 'general appropriation
ordinances providing for the ordinary and current expenses
of the city or town, excepting also emergency measures,
and in case of emergency measures the emergency must
be expressed in the preamble or in the body of the m-easure,
and the measure must receive a two-thirds vote of all the
members elected.
In emergency ordinances the resolution 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 indi-
vidual, nor any provisions for the sale of real estate, nor
Tiny lease or letting of any property for a period exceed-
ing one year, nor the purchase or sale of personal prop-
t:rty exceeding five thousand dollars in value.
Sec. 3269. During the thirty days following the passage
of any ordinance or resolution five per cent of the qualified
electors of the city or town imay, 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.
Sec. 3270. Any measure on which a referendum is de-
manded under the provisions of this act shall be sub-
mitted to the electors of the city or town at the next
municipal election, 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 sub-
mitted at a special election to be held for the purpose.
Sec. 3271. 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
STATE OF MONTANA 20'
may likewise submit to the electors at a general election
any ordinance passed by the City or Town Council.
Sec. 3272. Whenever a measure is ready for submission
to the electors, the Clerk of the city or town shall, in proclamation
writing, notify the Mayor thereof, who forthwith shall S?ayon^'°'' ^"^
issue a proclamation setting forth the measure and the
date of the election or vote to be had thereon. Said proc-
lamation shall be published four days in four consecutive Publication,
weeks in each daily newspaper in the municipality, if
there be such, otherwise in the weekly newspapers pub-
lished in the city or town. In case there is no weekly Posting,
newspaper published, the proclamation and the measure
shall be posted conspicuously throughout the city or town.
Sec. ^2^2^. The question to be balloted upon by the
electors shall be printed on the initiative or referendum Ballots,
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 re-
turned by the regular board of judges, clerks and officers,
as votes for candidates for office are counted, canvassed votes. ^^
and returned. The returns for the question submitted
by the voters of the municipality shall be on separate
sheets and returned to the Clerk of the municipality. The canvassing the
return 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 Measure to take
• • - - offcct when
and agamst 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.
Sec. 3274. The qualifications for voting on ♦questions Qualifications
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 bo^^k^%Hma facie
order to be qualified to vote at municipal elections, the ?o'*l1Sn^ petitioS!^*
208
ELECTION LAWS
Form of petitions
and proceedings to
conform to state
laws as near as
may be.
Duties of city
clerk.
res:istration book or books shall be prima facie evidence
of the right to sign any petition herein provided for.
Sec. 3275. 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.
Sec. 3276. The provisions of this act regarding the
Act not applicable, referendum shall not apply to ordinances which are re-
when. X i -'
quired by any other law of the State to be submitted
to the voters or the electors or taxpayers of any
city or town.
STATE OF MONTANA 209
COMMISSION FORM OF GOVERNMENT
FOR CITIES.
Sei 'on 1. Any City May Adopt Commission Form. ^
2. Special Election to be Ordered.
3. Proclamation of Election.
4. Form of Ballots.
5. Duty of Mayor.
6. Officers to be Elected.
7. Condlict of Election.
8. Effect of Adoption of Commission Form.
9. Number of Officers to be Elected.
10. Terms of Office Be^in When.
11. First Officers Elect— Terms.
12. Primary Election — Procedure.
13. Electioneering for Compensation Prohibited.
14. Bribery — Other Wrongful Acts.
15. City Grovernment — in Whom.
IG. Council — What Constitutes Quorum.
17. Duties and Powers of Mayor.
18. Powers of Council.
19. Appointment of City Officers.
20. Creating or Discontinning Offices.
21. Salaries of Officers.
22. Meetings of Council.
23. Ordinances — Franchise, etc.
24." Things Prohibited to City Officers. ^.
25. Civil Service Commissioners.
2G. Monthly Financial Statement.
27. Appropriaitions.
28. Construction of Act.
29. Recall of Officers.
30. Electors Proposing Ordinances.
31. Suspending Ordinances.
32. Abandonment of Commission Form.
33. Form of Petition.
34. Effect of Act Upon Existing Laws.
35. Repealing Clause.
3G. Act Takes Effect When.
(Twelfth Session Laws, 1911, Chapter 57.)
Chapter 57.
An Act Providing for a Commission Form of Govern-
ment for Cities, Providing for the Election of Officers
Therein, Defining Their Duties and Powers and Pro-
viding for Their Compensation.
Be it Enacted by the Legislative Assembly of the State of Montana:
210
Any city may
adopt.
Special election.
Order of election.
Publication of
procla:Tiation of
election.
Form of ballots.
ELECTION LAWS
Sec. I. Any city may abandon its organization and
reorganize under the provisions of this act by proceeding
as hereinafter provided.
Sec. 2. Upon a petition being filed with the City Coun-
cil, signed by not less than 25 per cent of the qualified
electors of such city registered for the last preceding
general city election, praying that the question of re-
organization 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 electidn
to be held, at which election the question of reorganiza-
tion of such city, under the provisions oi this act, shall
be submitted to the qualified 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
sixty days from the date of the filing of such petition.
Sec. 3. Upon the City Council ordering 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 consecutiye days in each daily newspaper published
in said city, 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 city.
Sec. 4. At such election the ballots to be used shall
be printed upon plain, white paper, and shall be headed,
"Special election 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 substantially
in the following form :
"For reorganization of the City of under
Chapter (name of chapter containing this act) of the
Acts 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."
STATE OF MONTANA 211
Such election shall be conducted and vote canvass€;d
and result declared in the same manner as provided by
law in respect to other city elections.
Sec. 5. If such proposition is adopted, the Mayor shall ^^^^ ^^ ^^^^^ ^^
transmit to the Governor, to the Secretary of State and proposition carries,
to the County Clerk and Recorder each a certificate stat-
ing that such proposition was adopted.
If such proposition shall not be adopted at such special Defeat of propo-
election, such proposition shall not a-gain be submitted
to the electors of such city within a period of two (2)
years thereafter.
Sec. 6. If a majority of the votes cast at such election
, ^ . . . 1 ^. ^ ., Special election of
shall be in favor of such proposition, the City Council mayor and coun-
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
sliall be entitled, which orders shall specify the time of
lidding such election, which must be within sixty days
aiier the making of said order, and the Mayor shall there-
upon issue a proclamation setting forth the purposes for
v/hich such special election is called and the day of hold-
ing 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
^or 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.
Sec. 7. Such election shall be conducted, the vote Election, how to
canvassed and result declared in the same manner as ^® conducted.
provided by law in respect to other city elections.
Sec. 8. AH 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 org-anized Effect of election
^r- J ^ o C5 Qjj government,
under this act. All by-laws, ordinances and resolutions property, etc., of
. -^ city or town.
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 re-
main the same as under the former organization and all
Vaopncies, how
filled.
212 ELECTION LAWS
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 con-
templated, 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.
^, , , «,. Sec. Q. In every city of the third class there shall be a
Number of officers ^ y J J
in cities of Mayor and two Councilmen ; in every city of the second
different class-s. -^ . .
class, a Mayor and two Councilmen ; in every city of
the first class having a population of less than 25,000,
a Mayor and two Councilmen, and in every city of the
first class having a population of 25,000 or more, a Mayor
and four Councilmen, and the Mayor and all Councilmen
shall be elected at large.
If any vacancy shall occur in the office of Mayor or
Councilman, the remaining members of the Council shall
by a majority vote, elect a person to fill such vacancy
until the next general city election, 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.
Sec. 10. The Mayor and Councilmen elected at such
oTicerF. torns Special election shall qualify and their terms of office shall
begin when. . i^ iv/ri r ,-i' i,
begm on the first Monday after their election, and the
terms of office of the Mayor and Councilmen or Alder-
men in such city in offiice at the beginning of the term
of office of the Councilmen first elected under the pro-
visions 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 provided, shall cease
and determine as soon as the Council shall by resolution
declare.
Terirs of first set ^^^' ^^' ^fie terms of officc of the Mayor and all
of^^officers, expira- 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 M-ayor and Coun-
cilmen elected at such special election shall expire, a
Mayor and two Councilmen shall be elected in cities
STATE OF MONTANA 213
having a population of less than 25,000. The Mayor
elected at such first -general city election shall hold office
for two years; one of the Councilmen elected at such
first general 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, be-
ginning with the first Monday in May of that year; a
Mayor and four Councilmen shall be elected in cities
having a population of 25,000 or more; and the Alayor
elected at such first general city election shall -hold office
for two years. Two of the Councilmen elected at such
first general city election shall hold ofiiice for one year
and the other two of the Councilmen elected at such
first general city election 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 elec-
tion 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
thereof shall hold the office of Councilman the term of
which expires two years thereafter.
Sec. 12. Candidates to be voted for at all general
municipal elections at which a Mayor or Councilmen are didTt"st ^primary "'
to be elected under the provisions of this act, shall be ®^^^t^°"-
nominated by a primary election, and no other names
shall be placed upon the general ballot except those se-
lected in the manner hereinafter prescribed. The primary
election for such nominations shall be held on tlie 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.
Any qualified elector of said city who is the owner of
any real estate situated therein, desiring to become ^a
caiididate for Mayor or Councilman, shall, at least ten
days prior to said primary election, file with the City
214
ELECTION LAWS
Statement of
candidate.
Petition to be filed.
Form of petition.
Clerk a statement of such candidacy in substantially the
following form:
State of Montana,
County of ^^'
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 candidate for nomination to the office of (Mayor
or Councilman) to be voted upon at the primary election
to he held on the Monday of , 19. .,
and I hereby request that rny 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
V I9---
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 qualifiations and residence, with street
number of each of the persons so signing the said peti-
tion, and the said petition shall be in substantially the
following form :
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 on 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 , 19. . . We further
state that we know him to be a qualified elector ot said
city and a man of good moral character, and qualified,
in our judgment, for the duties of such offiice.
Names of Qualifying Electors. No. Street.
Each signer of a nomination paper shall sign but one
STATE OF MONTANA 215
such nomination paper for the same offiice, except where ^"n^^^an ° eieSor
more than one officer is to be elected to the same office, '"^y ^^s^^-
in which case he may sign as many nomination papers
as there are officers to be elected, and only one candi-
date shall be petitioned for or nominated in the same
nomination paper.
Immediately upon the expiration of the time of filing
the statements and petitions for candidates, the said City
Clerk shall cause to be published for three consecutive
days in all the daily newspapers published in the city, city clerk to
in proper form, the names of the persons as they are to Jandfdktes."^^^ °^
appear upon the primary ballots, and if there be no daily
newsaper, 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 fac-simile of his signature. Upon '^^^ o?^baiiots.^^~
the said ballots the names of the candidates for Mayor,
aranged 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 alphabetical 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 ballots 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, no party desig-
The ballots shall be in substantially the following form : "^^'°'' °' '"^'"^'
(Place a cross in the square preceding the names of the
parties you favor as candidates for the respective posi-
tions.)
Official Primary Ballot.
Candidates for Nomination for Mayor and Councilmen
of the City of at the
Primary Election.
216
ELECTION LAWS
Qualifications of
electors.
Canvassing the
ballots.
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.
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 562 of the Revised Codes of Montana of 1907,
and the provisions of Sections, 563, 564, 565, 566, 567, 568,
569 and 570 of the Revised Codes of Montana of 1907,
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 Councilmen, 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 news-
papers in said city, at least once, the result thereof. Said
canvass by the City Clerk shall be publicly made. If a
Alayor is to be elected at such municipal election, the
two persons receiving the highest number of votes shall
be the candidates for Mayor. If one Councilman is to
be elected at such municipal election, the two persons
receiving the highest number of votes shall be the can-
didates for councilmen. If two Councilmen are to be
elected at such general municipal election, the four per-
sons receiving the highest number of votes shall be the
STATE OF MONTANA . 217
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 candidates
for Councilmen, and if four Councilmen are to be elected
at such general municipal election, the eight persons re-
ceiving: the hio:he3t 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.
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 ^ ,.^ ^.
^ ' -^ . . 1 Qualification of
vote for the election of officers at any general municipal electors at munic-
1 . . 1 • . 1-r 1 11 ^P^^ elections.
election m such cities, shall be qualified to vote at all
elections under this act; and the ballots to be used at
such sreneral municipal election shall be in the same gen- Form of ballots at
° ^ , 1-11 genei'al election..
eral 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, can-
vassing of votes and announcing the results shall be the
same as by law provided for the election of officers in
such cities so far as the same are applicable and not in-
consistent with the provisions of this act.
Every person who has been declared elected Mayor
or Councilman shall within ten (lo) days therafter take ^^l^^^^^^ ^^""^ °^
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 ($10,000.00) dollars, condi-
tioned for the faithful performance of the duties of his
office, which bond shall be approved by the Judge of
the District Court of the county in which such city is
situated and filed with the Clerk and Recorder of the
county in which such city is situated.
Sec. 13. 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 candidate for
interest of any candidate shall be punished by a fine not fo?b^'dden?'°"
exceeding three hundred ($300.00) dollars or be im-
prisoned in the county jail not exceeding thirty days.
218
ELECTION LAWS
Bribery and other
wrongful acts.
Penalty.
City government,
in whom.
Quorum, what con-
stitutes.
Sec. 14. 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 con-
sideration ; any person who agrees, by promise or written
statement, 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 a:t 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 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 conviction shall be fined a sum of not less
than one hundred ($100.00) dollars nor more than five
hundred ($500.00) dollars, and (be imprisoned in the
county jail not less than ten nor more than ninety days.
Sec. 15. Every city shall be governed by a Mayor and
Councilmen, as provided in Section 9 of this act, each
of whom shall have the right to vote on all questions
coming before the Council.
Sec. 16. In cities having a Mayor and two Council-
men, the Mayor and one Councilman, or two Councilmen,
shall constitute a quorum ; and the afifirmative vote of
the Mayor and one Councilman or the affirmative vote
of two Councilmen 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 cities having a Mayor and four Councilmen, the
Mayor and two Councilmen, or three Councilmen, shall
constitute a quorum, and the affirmative vote of the
Mayor and two Councilmen or the affi*rmative vote of
three Councilmen shall be necessary to adopt or reject
any motion, resolution, or ordinances, or pass any measure
unless a greater number is provided for in this act.
Powers of council.
STATE OF MONTANA 219
Upon every vote the ayes and nays shall be called and "^^t^"^- Procedure,
recorded, and every motion, resolution, or ordinance shall
be reduced to writing and read before the vote is taken
thereon.
Sec. 17. The Mayor shall preside at all meetings of ^^^^^l ^^*^ powers
the Council ; he shall have the same power to vote as
other members of the Council ; he shall have no power
to veto any measure, but every resolution or ordinance
passed by the Council must be signed by the Mayor,
or by two Councilmen, and must be recorded before the
same shall be in force.
Sec. 18. The Council shall have and possess and the
Council and its members shall exercise all executive,
legislative and judicial powers and duties now had,
possessed and exercised by the Mayor, City Council,
Board of Public Works, Park Commissioners, Board of
Police and Fire Commissioners, Board of Water Works
Trustees, Board of Library Trustees, Attorney, Assessor,
Treasurer, Auditor, City Engineer and other executive
and administrative offices in cities organized under the
general municipal incorporation laws.
The executive and administrative powers, authority and
duties in such cities shall be distributed into and among
departments as follows: :
In cities having a mayor and two Councilmen, into
three departments:
First — A department of accounts, finance and public
property. ^S^^^^^lT "'
Second — A department of public safety and charity.
Third — A department of streets, public improvements
and parks.
In cities having a Mayor and four Councilmen, into
five departments :
First — A department of public affairs.
Second — A department of accounts and finance.
Third — A department of public safety and charity.
Fourth — A department of street and public improve-
ments.
Fifth — A department of parks and public property.
The Council shall determine the powers and duties
to be performed by each department of the city; shall Council. ^^ *^^*
220
ELECTION LAWS
Duties of mayor."
Appointment of
city officers.
prescribe the powers and duties of officers and employes ;
■may assign particular offiicers and employes to one or
more of the departments ; may require an offiicer or em-
ploye to perform duties in two or more departments ;
and may ma'ke such rules and regulations as may be
necessary or proper for the efficient and economical con-
duct of the business of the city.
Sec. 19. In cities having a Mayor and two Councilmen,
the Mayor shall be superintendent of the department
of accounts, finance and public property, and in cities
having a Mayor and four Aldermen, the Mayor shall be
superintendent over the department of public affairs, and
the Mayor shall have general supervision over all de-
partments of the city and over all imatters connected
with said city, and the Council shall, at its first regular
meeting after the election of its members, designate 'by
majority vote one Councilman to be superintendent over
each department of the city, but such designation may
be changed whenever it appears that the public service
would be benefited thereby.
The Council shall at its first regular meeting after the
election of its members, or as soon thereafter as practic-
able, elect 'by a majority vote the following officers: A
City Clerk, a City Treasurer, a City Attorney, a City
Auditor, a City Engineer, a City Physician, a Chief of
the Fire Department, a Chief of the Police Department,
a Commissioner of Weights and Measures, a Street Com-
missioner, Li'brary Trustees, Cemetery Trustees, and such
other officers and assistants as shall be provided for by
ordinance, and which may be necessary to the proper
and efficient conduct of the afifairs of the city ; Provided,
however, that the Council may, by ordinance, consolidate
any of the offices the election to which is made by the
Council, and may require any offiicer elected by the Coun-
cil to perform the duties of any other officer; and shall
appoint a Police Judge with the authority now conferred
by existing laws. Any officer or assistant, elected or
appointed by the Council, may be removed from office
at any time by a majority vote of the members of the
council, except as otherwise provided in this act.
Sec. 20. The Council shall have power from time to
STATE OF MONTANA 221
time to create, fill and discontinue offices and employ- S^^dScontoue*^
nient other than herein prescribed, according to their offices.
judgment of the needs of the city, and by majority vote
of all the members, remove any such officer or employe
except as otherwise provided for in this act; and may,
by resolution or otherwise, prescribe, limit, or change
the compensation of such offi'cers or employes.
Sec. 21. The Council shall have their office at the .
city hall, and their total compensation shall be as follows:
In cities of the third class, having a population of less
than 3,000, the annual salary of the Mayor shall 'be omSrl^ °^
$6co.oo, and the annual salary of each Councilman shall
be $500.00; in cities of the third class, having a popula-
tion of 3,000 or more, the annual salary of the Mayor
shall be $1,000.00, and the annual salary of each Council-
man shall be $900.00; in cities of the second class, the
annual salary of the Mayor shall be $1,650.00, and the
annual salary of each Councilman shall be $1,500.00; in
cities of the first class, having a population of less than
30,000, the annual salary of the Mayor shall be $3,000.00,
and the annual salary of each Councilmen shall be
$2,500.00; in cities of the first class, having a population
of 30,000 and less than 50,000, the annual salary of the
Mayor shall be $4,000.00, and the annual salary of each
Councilman shall be $3,000.00; and in cities of the first
class, having a population of 50,000 or more, the annual
salary of the Mayor shall be $4,500.00, and the annual
salary of each Councilman shall be $3,500.00.
Any increase in salary occasioned by the advance in
class or increase in population of any city shall commence
with the month next after the official publication of the
census showing such advance in class or increase in popu-
lation.
Every other officer or assistant shall receive such salary
or compensation as the Council shall by ordinance from
time to time provide, payable in equal monthly install-
ments.
The salary or compensation of all other employes of
such city shall be fixed by the Council and shall be pay-
able monthly, or at such shorter periods as the Council
shall determine.
222
ELECTION LAWS
Meetings and Sec. 22. Rcsfular meetinsfs of the Council shall be held
org-anization of ^ ^ . . . . ^ ..
council. on the first Monday after the election of Councilmen,
and thereafter at least once each month. The Council
shall provide hy ordinance for the time for holding regu-
lar meetings, and special meetings may be called from
time to time by the Mayor or two Councilmen. All
meetings of the Council, whether regular or special, at
^ which any person not a city officer is admitted, shall
be open to the public.
The Mayor shall be president of the Council and shall
preside at all its meetings and shall supervise all de-
partments of the city and report and recommend ..to the
Council for its action all matters requiring attention in
any department. The Council shall, at its first regular
meeting, select one of its members for vice president
of the Council, and in case of a vacancy in the office
of Mayor, or the absence or inability of the Mayor, ^ he
shall perform the duties of the Mayor.
Sec. 23. Every ordinance or resolution appropriating
money or ordering any street improvement or sewer,
or making or authorizing the making of any contract,
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 or right to
occupy or use the streets, highways, bridges or public
places in any such city shall be granted, renewed or ex-
tended, except by ordinance, and every franchise or p^rant
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 3291, 3292 and
3293, Revised Codes of Montana, 1907.
Sec. 24. No officer or employe elected or appointed
employe s'^not to be in any such city shall be interested, directly or indirectly,
contracts. in any contract or job for work or materials, or the profits
Ordinances,
franchises, etc.
Officers and
STATE OF MONTANA 223
thereof, or materials, supplies or services to be furnished
or performed for the city ; and no such ofifi.cer or employe
shall be interested, directly or indirectly, in any contract
or jab for work or 'materials or the profits thereof, or
services to be furnished or performed for any person,
firm or corporation operating interurban railway, 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 employes shall accept or re- certain officers
ceive, directly or indirectly, from any person, firm or fra^nks? frirpaLes,
corporation operating within the territorial limits of said ®^^'
city, any interurban railway, 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 person, firm or cor-
poration, any other service upon terms more favorable
than is granted to the public generally. Any violation of
the provisions of this 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 heretofore provided by any
franchise or ordinance be affected by this section. Any
officer or employe of such city who, by solicitation or Electioneering by
^ ■' J 1 J officers and em-
otherwise, shall exert his influence, directly or indirectly, pioyes prohibited,
to influence other offi'cers or employes of such city to
adopt his political views or to favor any' particular 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 misde-
meanor, and upon conviction shall be punished by a fine
not exceeding three hundred dollars or by imprisonment
in the county jail not exceeding thirty days.
Sec. 25. Immediately after organizing, the Council shall
by ordinance appoint three Civil Service Commissioners, Si^sionlrs!^^ *^°"^"
who shall hold office, one until the first Monday in April ^'"orofficr'^
in the second year, one until the first Monday in April
of the fourth year, and one until the first Monday in
224
ELECTION LAWS
Ouoi'um,
etc.
vacancies,
Oath of office.
Examination of
applicants.
April of the sixth year after his appointment. Each suc-
ceeding Council shall, as soon as practicable after or-
ganizing, appoint one Commissioner for six years, Avho
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 offiice of public trust. Two
of said members shall constitute a quorum to transact
business. The Commissioners must be citizens of Mon-
tana and residents of the city for more than three years
next preceding their appointment.
The Council may remove any of said Commissioners
during their term of office for cause, a majority of Coun-
cilmen voting in favor of such removal, and shall fill any
vacancy that shall occur in said Commission for the un-
expired term. The City Council shall provide suitable
rooms in which the said Civil Service Commission shall
hold its meetings ; they 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.
(A) Before entering upon the duties of their office,
each of said Commissioners 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.
(B) 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 ap-
plicants for positions, which examination shall be practical
and shall fairly test the 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 number of persons necessary to fill vacancies.
STATE OF MONTANA 225
who, according to the records, have the highest standing
for the position they seek to fill as a result of such ex-
amination, 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 tem-
porarily fill a vacancy but not to exceed thirty days.
(C) All persons subject to such civil service examina-
tion shall be subject to removal from office or employ-
ment 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 Depart-
ment or any superintendent, or foremen in charge of
municipal work may peremptorily suspend or discharge
any su'bordinate 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 Appeals,
employe (or the officer discharging or suspending him)
may within five days of such ruling, appeal therefrom to
the Council, which shall fully hear and determine the
matter.
(D) The Council shall have the power to enforce the
attendance of witnesses, the production of books and
papers, and power to administer oaths in the same man;
ner and with like eflfect, and under the same penalties,
as in the case of magistrates exercising criminal or civil
jurisdiction under the statutes of Montana.
Said Commissioners shall make an annual report to
the Council, and it may require a special report from Annual report,
said Commissioner, at any time; and said Council may
prescribe such rules and regulations for the proper con-
duct of the business of the said Commission as shall be
found expedient and advisable, including restrictions on
appointment, promotions, removals for cause, roster of
employes, certificates of records to the auditors, and re-
strictions on payment to persons improperly employed.
226
ELECTION LAWS
Penal ordinances
relating to civil
service commis-
sion.
Provisions
applicable to
M'hom.
Civil service regu-
lations.
(E) The Council of such city shall have power to pass
ordinances imposing suitable penalties for the punishment
of persons violating any of the provisions of this act
relating to the Civil Service Commission.
(F) The provisions of this section shall apply to all
appointive officers and employes of such city, except those
especially named in Section 19 of this act, commissioners
of any kind, laborers whose occupation requires no special
skill nor fitness, election officials, and Mayor's secretary
and assistant attorney, where such officers are appointed.
All officers and employes in any said city shall be
elected or appointed with reference to their qualifications
and fitness, and for the good of the public service and
without reference to their political faith or party affilia-
tions.
It shall be unlawful for any candidate for office in any
such city, directly or indirectly, to give or promise any
person or persons any offiice, position employment, benefit
or anything of value for the purpose of influencing or
obtaining the political support, aid or vote of any person
or persons.
Every elective officer in any such city shall, within
thirty days after qualifying, file with the City Clerk, and
pu'blish at least once in a daily newspaper of general cir-
culation, or weekly, if there be no daily newspaper pub-
lished, his sworn statement of all his election and cam-
I^aign expenses, and by whom such funds were con-
tributed.
Any violation of the provisions of this section shall
be a misdemeanor and give ground for the removal from
office.
Monthly financial
statement.
Sec. 26. The Council shall each month print in pam-
phlet form a detailed itemized statement of all receipts
and expenses of the city and a summary of its proceed-
ings during the preceding month, and furnish printed
copies thereof to the state library, the city library, the
daily newspapers of the city, and to the persons who
shall apply therefor at the office of the City Clerk. At
the end of each year the Council shall cause a full and
complete examination of all the books and accounts of
STATE OF MONTANA 227
the city to be made by competent accountants, and shall
pnb'ish the result of such examination in the manner
above provided for publication of statements of monthly
expenditure.
Sec. 2j. If, at the beginning of the term of office of Appropriations.
the first Council elected in such city under the provisions
of this act, the appropriations for the expenditures of the
city government for the current fiscal year ha^e been
made, said Council shall have power, by ordinance, to
revise, repeal or change said appropriations and to make
additional appropriations. '
Sec. 28. In the construction of this act the following
rules shall be observed, unless such construction would Construction of
act, definitions.
be inconsistent with the manifest intent, or repugnant
to the context of the statute:
First — The words "Councilman" or "Alderman" shall
be construed to mean "Councilman" when applied to cities
under this act.
Second — When an office or officer is named in any law
referred to in this act, it shall, when applied to cities ,
under this act, be construed to mean the office or officer
having the same function or duties under the provisions
of this act, or under ordinances passed under authority
thereof.
Third — The words "franchise' or "right" shall include
every special privilege in the streets, highways and public
places of the city, whether granted by the State or the
city, which does not belong to citizens generally by com-
mon right.
Fourth — ^The word "electors" shall be construed to mean
persons qualified to vote for elective offices at regular
municipal elections.
Sec. 29. The holder of any elective office may be re-
moved at any time by the electors qualified to vote for a Recall of officers,
successor of such incum'bent. 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 preceding
general municipal election, demanding an election of a
successor of the person sought to be removed shall be
228
ELECTION LAWS
I'rocedure.
Petition.
Election, how
conducted.
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 purports to be.
Within ten days from the date of filing of such petition
the City Clerk shall examine, and from the voters' register
ascertain whether or not said 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 examination. If, by the Clerk's certifi-
cate, the petition is shown to be insufficient, it may be
amended within ten days from the date of said certificate.
The Clerk shall, within ten days after such amendment,
make like examination 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 suf-
ficient the Clerk shall submit the same to the Council
without delay. If the petition shall be found to be suf-
ficient the Council shall order and fix a date for holding
said election, not less than thirty nor more than forty
days from the date of the Clerk's certificate to the Coun-
cil that a suffiicient petition is filed.
The Council shall make, or cause to be made, publica-
tion of notice and all arrangements for holding such elec-
tion, and the same shall be conducted, returned and the
result thereof declared, in all respects as are other elec-
tions.
So far as applicable, except as otherwise herein pro-
vided, nominations hereunder shall be made without the
intervention of a primary election by filing with the
Clerk at least ten days prior to said special election, a
statement of candidacy accompanied by a petition signed
STATE OF MONTANA 229
by electors entitled to 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 12 of this act, so far as the same is applicable,
substituting the word "special" for the word "primary"'
in such statement and petition, and stating therein that
, . 1-1. r 1^- "j-jr • Form of ballot.
such person is a candidate for election instead 01 nomi-
nation. 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 as
For
(Vote for one only.)
(Name of candidates.)
Name of present incumbent.
Offiicial ballot attest:
(Signature) :
City Clerk.
The successor of any officer so removed shall hold
ofEce during the unexpired term of his predecessor. Any
person sought to be removed may be a candidate to suc-
ceed himself, and unless he requests otherwise in writing. Effect of election,
the Clerk shall place his name on the official ballot with-
out nomination. In any such removal election, the can-
didate 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 incumbent shall thereupon be deemed removed from
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
incumbent receive the highest number of votes, he shall
continue in offi'ce. The said method of removal shall be
cumulative, and additional to the methods heretofore pro-
vided by law.
Sec. 30. Any proposed ordinance may be submitted
to the Council by petition signed by electors of the city
230 ELECTION LAWS
Electors proposing eoual in number to the percentage hereinafter required.
ordinances. ^ .^ . . . .^ . ,
The signature, verification, inspection, certincation, amend-
ment and submission of such petition shall be the same
as provided for petition under Section 29 hereof. If the
petition accompanying the proposed ordinance be signed
by electors equal in number to twenty-five per centum
of the entire number of persons registered to vote at
the last preceding general 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 certifi-
Procedure,
cate to the accompanymg petition, or —
(B) Forthwith, after the Clerk shall attach to the
petition accompanying 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 sub-
mitted 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
certificate 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 ordi-
nance" (stating the nature of the proposed ordinance).
If a majority of the qualified electors voting on the pro-
posed ordinance shall vote in favor thereof, suoh ordi-
nance shall thereupon become a valid and binding ordi-
nance 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 pro-
visions of this section; but there shall not be more than
STATE OF MONTANA 231
one special election in any period of six months for such
purposes.
The Council may submit a proposition for the repeal
of any such ordinance or for amendments thereto, to be
voted upon at any succeeding 'general city election ; and Ordinances,
should such proposition so submitted receive a majority
nf the votes cast thereon at such election, such ordinance
shall thereby be repealed or amended accordingly. When-
ever 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.
Sec. 31. No ordinance 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 Suspending
or safety, which contains a statement of its urgency, and
is passed by a two-thirds vote of the Council, shall 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 persons registered
to vote at the last preceding general municipal election,
protesting against the passage of such ordinance, be pre-
sented to the Council, the same shall thereupon be sus-
pended 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 Section 30 of this act, to the vote of the electors of
the city, either at a general election or at a special mu-
nicipal election to be called for that purpose; and such
ordinance shall not go into effect or become operative
inless a majority of the qualified electors voting on the
same shall vote in favor thereof. Said petition shall be in
all respects in accordance with the provisions of said
J32 ELECTION LAWS
Section 30, except as to the percentage of signers, and
be examined and certified to by the Clerk in all respects
as therein provided.
Sec. 32. 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 pro-
visions of the general law of the State then applicable to
^^ ^ ^ » cities of its population.
Abandonment of r i'
p?S:Tdure°'' ^^^"' Upon the petition of not less than 25 per centum of
^he electors of such city registered for the last preceding
general election, a special election shall be called, at which
^he following proposition only shall be submitted :
"Shall the city of (name the city) abandon its or-
ganization under Chapter 57 of the Acts of the Twelfth
Legislative 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 special election
be in favor of such proposition, the officers elected at
the next succeeding biennial election shall be those then
prescribed by the general law of th 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 efifect 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 de-
clared generally as provided for by Section 29 of this
act, insofar as the provisions thereof are applicable; 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 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 years.
Petition, form of
STATE OP MONTANA 233
(Act approved March i8, 1913; Chapter 128, Laws
1913, p. 480.)
Sec. 33. Petition 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 age and 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 tim^ of signing, legal voters of said city, and the
number of signers at the time the affidavit was made.
Sec. 34. 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 muncipal cor- existing" laws,
porations are hereby continued in full force and effect
and shall be considered and construed as not repealed
by this act, except insofar as the same may be in con-
flict or inconsistent with the provisions of this act.
Sec. 35. All laws" and parts of laws in conflict here- Repealing clause,
with are hereby repealed. ^
Sec. 36. This act shall become effective immediately ^ct takes effect,
upon its passage and approval. -^.^^ when.
(Approved February 28, 191 1.)
Effect of act upon
STATE OF MONTANA 235
ELECTIONS RELATING TO SCHOOL MATTERS.
Election of School Trustees.
(Laws of 1913, Chapter "j^. Approved March 12, 1913.
Act providing for a uniform system of school laws. Pages
224-229.)
Section 500. Qualifications Necessary.
501. Number in Different Districts.
^ 502. Annual Electioni
(2) Districts of Second and Third Classes.
(3) Districts of First Class.
(4) Poll and Tally List— Certificate of Judges
and Canvass of Votes.
(5) Term of Office.
(G) Vacancy in School Board.
(7) Removal of Trustee.
(8) Clerk— Vacancy in Office.
(9) Terms of Trustees; How to Be Arranged.
(10) Qualifications of Electors.
(11) Challenges.
(12) Expenses of Election.
Sec. J^oo. Qualifications. — Any person, male or female, "^
. ,.- \ , - . Qualification of
vv.no is a quahned voter at any election under this act, trustees.
shall he eligible to the ofEce of School Trustee in such
district.
Sec. 501. Number. — In districts of the first class, the
number of Trustees shall be seven, in districts of the Number of trus-
eecond class the number of Trustees shall fbe five, and in c?ass "districts!^
districts of the third class the number of Trustees shall
be three.
Sec. 502. I. Election — An annual election of School
Trustees shall be held in each school district in the State Annual election of
on the first Saturday in April, in each year,- at the district hew^^hen^ aid ^^
school house, if there be one, and if- there be none, at a ^here.
place designated by the Board of Trustees.
2. Districts of the Second and Third Classes — (a) Nomi- ,^ ,
^ ^ Isominations in
nation. — In districts of the second and third classes, the districts of second
ri, 1-1 r 11. 1011 ^"^ third class.
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 five days next preceding
the election. Any five qualified electors of the district nate and^how""'"
236
ELECTION LAWS
In districts of sec-
ond and third class
trustees to super-
vise elections.
Clerk shall post
notice.
Contents of notice.
Judges, appointed
by whom.
Appointment when
not present at
opening of polls.
Clerk of election.
Ballots and voting.
Polls open for
what time.
Nominations in
districts of first
class.
How made.
Electors required
at nominating
meeting.
Certificate of nom-
ination; contents.
may file with the Clerk the nominations of as many
persons as are to he elected to the School Board at the
ensuing election.
(b) 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 re-
quired under this act, post notices in three public places
in said district, and in incorporated 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
Trustees must appoint by an order entered in their rec-
ords 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 electors present may appoint judges, and
the judges so appointed shall designate one of their num-
ber to act as clerk. The voting must be by ballot, with-
out 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.
3. Districts of the First Class — (a) Nomination. —
In districts of the first class no person shall be voted
for or elected as Trustee unless he has been nominated
therefor by a bona fide public meeting, held in the dis-
trict at last ten days before the day of election, and at
which at least twenty 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 cer-
tified by the chairman and secretary of such meeting,
shall be filed with the District Clerk at least eight days
before the day of the election. The nomination and elec-
tion of any person shall be void, unless he was nominated.
STATE OF MONTANA 237
at a meeting as above provided at which at least twenty
qualified electors were present, and his nomination cer-
tified and filed as aforesaid, and the Board of Trustees
acting as a canvassing board shall not count any votes
for any person unless he has 'been so nominated and a
certificate thereof filed as herein required.
Board of trustees
(b) I. Board of Trustees to Call Election— Conduct shaii can election
^ ^ when and how.
of Election. — The Board of Trustees shall at least thirty
days before the annual election of School Trustees, by Polling places and
an order entered upon the minutes of their meeting, desig-
nate and establish a suitable number of polling places and
create an equal number of election precincts to corre-
spond and define the boundaries thereof.
2. Notice. — The District Clerk shall at least fifteen days in districts of first
. ,,..,.. -,- , . class duty of clerk
before the election in districts of the first class, give to give notices of
• GlGCtions
notice of the election to be held in all such districts, by
posting a notice thereof in three public places in the Posting notices,
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 pubUshed.^^^
Board of Trustees the best interests 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 Dis-
trict Clerk to publish the notice of election required to*
be given in districts of the first class, in some newspaper
in the county.
3. Hours of Election. — In districts of the first class Poiis to be open in
the polls must be opened at eight o'clock a. m. and kept cias?^^ur^ng^^what
open until twelve o'clock m., and from one o"clock ^°"''^'
p. m. until eight o'clock p. m.
4. 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 of firYt c"ass^\o^^be
qualified electors of the district for each polling place |?ifom"^^and^
established to act as judges of election, and the District "^®"^^^^-
Clerk shall notify such person by mail of their appoint-
ment. Such judges shall designate one of their number judges.**' notify
Form of ballots.
238 - ELECTION LAWS
Any judge to be ^o act as clerk of such election. If the judges appointed,
clerk of election. ^ ^ ^i .• r ^u
or any of them, are not present at the time for the
When judges ooeninp" of the polls, the electors present may appoint
chosen by electors ^ o , ^^r ■, ^ . . ^-^i
present. judges, who must be qualined electors, to act m the
place of those who are absent.
Ballots to show 5. Ballots and Method of Voting. — 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 possi-
ble in the following form:
For School Trustees.
For Three (3) Year Term.
Vote for Three :
John Abner.
William Brown.
Adam Smith.
For One (i) Year Term.
George Davis.
?oii list must be 4- PoU and Tally List — Certificate of Judges and Can-
^'^P^* vass of Votes.— At every election held under this act a
Duty of judges in poU Hst shall be kept by the judges and clerk at each
fot^s^ cLt"'°than''^" polling placc, and immediately after the close of tha polls
there are voters. ^^^ judges shall count the ballots, and if there be more
ballots 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
How voters names ^1^6 number of the votcs cast. The clerk shall write
be entered. ^Jqwu in alphabetical . Order in a poll book provided for
that purpose the name of every person voting at the
Tally lists shall be time he dcposits his ballot. There shall also 'be provided
^^^^'^ ^^' a tally list for each polling place ; after the ballots have
Ballots to be been counted and made to agree with the poll list the
counted when. judges shall proceed to count them. The clerk shall
Entries to be made enter in the tally list the name of every person voted
tally list. £.Qj. ^g 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
Verified certificate ^^^rk shall sigu a certificate to 'said tally list setting forth
to tally list. ^111 1 r r ,
the whole number of votes cast for each person or trustee,
STATE OF MONTANA 239
designating the term, and they shall verify the same as
being correct to the best of their knowledge before an vuSS^eil^ctiSS^ ^"^
officer authorized to administer oaths. No informality in when.
such certificate shall vitiate the election, if the number of j^^^^^.^ ^^ ^ooi^g
votes received for each person can reasonably be ascer- g^fj.^^"^ trustees
tained from said tally list. Said books and tally lists and canvas of
■^ -^ votes.
shall be returned to the Board of Trustees of the district,
who shall canvass the vote and cause the Clerk of the certificates of
district to issue a certificate of election to the person
or persons elected, designating their term, a copy of which oath of office to
must be forwarded to the County Superintendent of ^"^^"' °^ "^"'°^^°"-
Schools. School Trustees are hereby authorized to ad-
minister oaths to judges of election.
5. Term of Office — Vacancy — Oath of Trustee. —
Trustees elected shall take office immediately after quali- 1:^^^ ^^ ^^^f'
fying and shall hold offite for the term of three years ^ence.
except as elsewhere expressly provided, and until their
successors are elected and qualified, or appointed by the vacancies in the
County Superintendent of Schools and qualified. A va- by''';^hom. ^^ ^"^*^
cancy in the office of School Trustee must be filled by
appointment by the County Superintendent of Schools
subject to confirmation by a majority of the remaining
mem'bers of said board, if those remaining constitute a
majority of the total number of the board, which Trustee JppSn?eV"rustees.
so appointed shall hold office until the next annual elec-
tion, at which election there shall be elected a School
_ . , . , _ _ ,, Oath of office to
irustee for the unexpired teran. Every Trustee shall be filed within
file his oath of office with the County Superintendent
of Schools. Any trustee who shall fail to qualify within Failure to qualify.
fifteen days after being elected shall forfeit all rights
to office, and the County Superintendent of Schools shall
appoint to fill the vacancy in the office of School Trustee.
6. Vacancy in School Board. — When any vacancy oc- vacancies in of-
^ rn, r ^ r ,,,.., fice of trustee to
curs in the omjce of irustee of any school district by be certified to
....... . . county superin-
death, resignation, failure to elect at the proper time, tendent.
removal from the district, or other cause, the fact of
such vacancy shall be immediately certified to the County
Superintendent by the Clerk of the school district, and
the County Superintendent shall immediately appoint in
. . , , ,1 f-r ^^^y ^^ appoint
writing some competent person who shall qualify and and fiii vacancy,
serve until the next annual school election. The County
240
ELECTION LAWS
Notice to clerk of
appointment.
When absence
from school dis-
trict shall consti-
tute a vacancy.
Removal of trus-
tees by court.
By board of county
commissioners may
suspend.
Vacancy in office
of school cler'-c
filled by whom.
Notice to superin-
tendent.
Expirations of
terms of trustees
to be arranged
how.
When determined
by lot.
Superintendent shall at the same time notify the Clerk
of the school district of every such appointment ; Provided,
that absence from the school district for sixty consecutive
days shall constitute a vacancy in the ofihce of Trustee.
7. Trustees— How Removed. — Any School Trustee may
be removed from office by a court of competent juris-
diction 'by law for removal of elective civil officers;
Provided, however, that upon charges being preferred
and good cause shown, the Board of County Commis-
sioners may suspend a Trustee until such time as such
charges can be heard in the court having jurisdiction
thereof.
8. Vacancy in Office of Clerk. — Should the office of
ilie Clerk of the School District become vacant, the Board
of School Trustees shall immediately fill such vacancy
by appointment, and the chairman of the Board of School
Trustees shall immediately notify the County Superin-
tendent of such appointment.
9. 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 remaining Trustee or Trusteeb
whose terms shall 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
trustees shall hold over and for what term.
Residence qualifi-
cation of electors
required.
V^T'omen can vote.
10. Qualifications of Electors. — Every citizen of the
United States who has resided in the State oi Montana
for one year, and thirty days in the school district, next
preceding the election, may vote thereat. Women of
the age of twenty-one years and upwards, who are citizens
of the United States and who have resided in the State
of Montana one year and in the school district for thirty
days next preceding the day of the election, may vote
thereat.
STATE OF MONTANA 241
11. Challenges— Oath of Voters.— Any person offering to?s.^"^"^^^ °^ ^^^°"
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 affiirm) that you are a citizen [^?'e?ed°in^cas?^of
of the United States; that you are twenty-one years of challenge,
age, and that you have resided in the State one year and ^^^^ ^ ^^
in this school district thirty days next preceding this received when,
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 perjury
shall swear falsely before any such judge of election
shall be guilty of perjury and shall be punished accord-
ingly.
12. Expenses of Election. — All the expenses necessarilv How expenses of
1 • 1 rill- 1 • r r- 1 ^ election are to be
incurred in the matter of holding elections for School paid.
Trustees shall be paid out of the school funds of the
... T 1 r 1 • r 1- • r 1 r- , Compensation of
district. Judges of election of districts of the first and election judges.
second class shall receive not to exceed three dollars per
day each for all services connected with the election. '
Consolidation of School Districts.
(Laws of 1913, Chapter 76. Approved March 12, 1913.
Pages 222, 223.)
Sec. 407. Consolidated District, i. Two Methods. —
That two or more school districts may be consolidated ^e^'^onsoifdat^ed'"^^
either by the formation of a new district or by the an-
nexation of one or more districts to an existing district,
as hereinafter provided.
2. Order of Procedure — Petition. — Whenever the County ^
-' Procedure to con-
Superintendent of Schools receives a petition signed and soiidate.
acknowledged by a majority of the resident freeholders
of each district affected, qualified to vote at school elec-
tions, praying for consolidation, he shall within ten days pog^jng ^f notice
cause a ten days posted notice to be given by the Clerk °^ election,
in each district, such notice to be posted in three public
places, in each district, of an election in such district
at a time and place specified in each notice, to vote on Ballots at such
the question of consolidation. The votes at such election election,
shall be by ballot which shall read "For consolidation"
242
ELECTION LAWS
Duty of election
officer.
Duty of superin-
tendent when con-
solidation carries.
Election of trus-
tees and their
terms of ofEice.
or "Against consolidation." The presiding officer at such
election shall within ten days thereafter certify the re-
sult of the vote to the County Superintendent of the
County in which the district mainly lies. If the majority
of the votes cast in each district be for consolidation,
it carries, and the Superintendent, within ten days there-
after, shall 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 in which any
part of any district lies, and 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 he shall appoint three trustees to serve until
the first Saturday in April succeeding. At the regular
election succeeding there shall be elected by the regu-
larily qualified electors three Trustees, one of whom shall
serve for one year, one for two years and one for three
years. The election of Trustee and terms shall be the
same as for other districts under the general school laws.
When board of
trustees shall call
meeting to deter-
mine questions of
selecting, purchas-
ing-, exchanging or
selling school
house site.
How election to be
conducted and
votes canvassed.
Posting of notice
of meeting for
election.
If majority vote in
affirmation duty of
board of trustees.
School House Sites.
(Laws of 1913, Chapter "jd. Approved March 12, 1913.
Page 265.)
Sec. 1600. Whenever, in the judgment of the Board
of Trustees of any school district of the third class, it is
desirable to select, purchase, exchange or sell a school
house site, or whenever petitioned so to do by one-third
of the voters of such district, the district board shall
without delay call a meeting at some convenient time
and place fixed by the board, to vote upon such question
of selection, purchase, exchange or sale of school house
site. Such election shall be conducted and votes can-
vassed in the same manner as at the annual election of
school officers. Three notices giving the time, place, and
purpose of such meeting shall be posted in three public
places in the district by the Clerk at least ten d.iys prior
to such meeting. If a majority of the voters present at
such meeting shall by vote decide to select, purchase,
exchange or sell the school house site, the board shall
carry out thr^ will of the voters thus expressed; Provided,
STATE OF MONTANA 243
that it shall require the concurrence of a majority of the. SJ^^dSJric?^ ne?el^
voters of the district to order the change of a school house ^^^y-
site, and any sites so changed cannot again be changed
within three years from the date of such action.
County High Schools.
Section 2100. Any County May Establish.
2101. Petition for Establisbmenit and Location.
2102. Election— Voting.
2103. Canvass of Returns.
2109. Submission of Question of Bond Issue.
2113. Prior Acts Validated.
2114. Same.
2115. Bonds Legalized.
(Laws of 1913, Chapter 76. Approved March 12, 1913.
Pages 296-298.)
Sec. 2100. Any County May Establish High School. —
Any county in the State may establish a high school on eJtabiish^^^igh
the conditions and in the manner hereinafter prescribed,
for the purpose of affording better educational facilities
for pupils more advanced than those attending the ele-
mentary schools.
Sec. 2101. Petition for Establishment and Location.— J^^^Seen med"wuh
Whenever one hundred freeholders in any county shall sfjjjfe^r^ to"estabiish
petition the Board of County Commissioners, requesting of ^cferk^^to ° give^^
that a high school be established in their county, the notice.
County Clerk shall give twenty days notice, by publica- contents of notice,
tion in the official paper of the county, that such petition piaS^^for^the^o^a^
has been filed, and that any village, tov^n or city may tion ^of the high
become a candidate for the location of said high school where and within
. what time.
Upon petition of not less than fifty freeholders of said
village, town or city, requesting that said place be named
as the candidate for the location of said high school.
All nominations of places for the location of said school
shall be filed with the Board of County Commissioners
within thirty days from the date of the first publication of
said notice. Any number of places may be candidates for piaces""Say^ be
the location of said school, but no freeholder shall append
his name to more than one .petition. If such petition shaii sign but one
^ ^ petition.
is filed at any time when the Board of County Commis-
sioners is not in session, the County Clerk shall notify Duty of clerk.
244
ELECTION LAWS
Special meeting
shall be called.
County commis-
sioners shall call
an election and
appoint precinct
judges and clerks,
when.
How election shall
be conducted.
Notice of election.
Contents of notice.
How electors shall
vote.
Ballots.
To vote but for
one place.
the Com'missioners thereof, and a special meeting shall
be held to call the necessary election herein provided for.
2I02. Election — Voting. — At the expiration of thirty
days from the date of the first publication of said notice,
the County Commissioners shall call an election and
appoint precinct judges and clerks. Said election shall
be conducted in accordance with the general election laws
of the State. The County Clerk shall give twenty days
notice of such election by publication in the official paper
of the county that the question of establishing a high
school in said county, and the location thereof, will be
submitted to the qualified electors of said county at a
designated time. The notice shall distinctly specify the
places which are candidates in the forthcoming election.
The qualified electors shall vote by ballot, for or against
the establishment of a county high school, and on separate
ballots with the names of the place or places that are
candidates for the location of said school written or
printed thereon, vote for not more than one of the places
named upon said ballot as a candidate for the location
of said school. The ^ballots shall be substantially in the
following form :
Form of ballots.
Ballot No. I.
For a County High School.
Against a County High School.
Ballot No. 2.
Helena.
Marysville.
How to mark
ballot when voting
for establishing
school.
Marking ballot.
An elector desiring to vote for the establishment of
a high school shall do so by placing an "X" before the
clause, ''For a County High School," which shall be a
vote in favor of establishing a county high school. An
elector desiring to vote against the establishment of a
high school shall do so by placing an "X" before the
clause, "Against a County High School." An elector
desiring to vote for the location of a county high school
at a certain place shall do so by placing an "X" before
STATE OF MONTANA 245
the name of the place desired for the location of such
school. ^
Sec. 2103. Canvass of Returns. — After the election the
ballots on said question shall be canvassed in the manner
provided for general county elections, and if the vote
in favor of establishmg a county high school shall be a
majority of all votes cast upon said proposition, the Board
of County Commissioners shall proceed to canvass the
vote for the different candidates for the location of said
school, and the village, town or city having the largest
number of votes for the location of said school, provided ^^^ ^^^^ ^^ ^^
said number of votes be a majority of all votes cast in canvassed,
favor of the measure, shall be declared to be the place for
the location thereof. If the result is in favor of establishing
such high school, and any candidate for its location has a
majority, the Board of County Commissioners, by an
order duly entered on their minutes, shall so declare this
fact, and the board shall immediately thereafter appoint
six persons, residents and taxpayers of the county, not
less than three ngr more than four of whom shall be Appointment of
residents of the village, town or city where the school ^^^^^ °^ trustees,
is located, who shall, with the County Superintendent
of Schools, constitute -a Board of Trustees for said school.
In case of a tie vote between two or more of the can-
didates having the highest number of votes for the loca-
tion of said school, the County Commissioners shall im-
mediately call another election in the manner provided rpj^ ^^^^ between
by law for general county elections, at which the only ^]^ates "^rocedure"
question to be submitted shall be the location of said
school and only the names of those candidates so tied
shall appear upon the ballot.
Sec. 2109. Submission to Electors of Question of Bond
Issue. — The secretary of the Board of County High School
Trustees, whenever a majority of the board shall so
decide, shall certify to the Board of County Commission-
ers that they have decided to su'bmit to the electors of
the county the question whether the county bonds shall _
r 1 r ^ • , Duty of secretary
issue for the purpose 01 the erection or purchase of a o^ board,
building or buildings for high school purposes and the
equipment thereof, or for the erection and equipment of a Procedure.
246 ELECTION LAWS
dormitory or dormitories, or gymnasium, and for a suit-
able site or sites therefor, and shall include in such cer-
tificate the amount of such bonds, which amount shall
^hau^^not"^ exceed "°^ ex'ceed the sum of two hundred fifty thousand ($250,-
what sum. ooq) dollars, in any one county of the first and second
class, and one hundred fifty thousand ($150,000) dollars,
in counties of the third class, and in all other counties
Term of bonds ^^^^^ "°^ exceed the sum of one hundred thousand ($100,-
000) dollars in any one county. Such bonds may run for
a term of twenty years, or less, but no longer; Provided,
that any such issue of bonds shall not increase the in-
debtedness of any county beyond the maximum limit fixed
■by the State constitution.
That as soon as practicable after receiving such cer-
ques't/(?n^°?f bond tificatc the Board of County Commissioners shall proceed
^^^"®- to submit the question of issuing said bonds to the
qualified electors of the county in the imanner provided
by law for the issuance of other county bonds. If such
When bond tax bonds are issued the County Commissioners, at the time
mSe.^^^^^ ^^ ^^ making the levy of taxes for county purposes each
year, must levy a tax for that year upon the taxable
property in the county for the interest and redemption
of said bonds, and such taxes must not be less than suf-
Juffkfie^"for ^what ^cient to pay the interest on said bonds for that year
purposes. ^j^^ such proportion of the principal as is to 'become
due during the year, and in any event must be high
enough to raise annually, for the first half of the term,,
Tax money collect- ^ sufficient sum to pay the interest thereon and dur-
fnto "^hat ^fund,^^^ '^^'S ^^c balance of the term, high enough to pay said
purpose^ °^ ^ ^^ annual interest and to pay annually a portion of the
principal of said bond, equal to the sum produced by
taking the whole amount of said bonds outstanding, and
Investment of ac- dividing it by the number of years said bonds have to
cumulated money i ,, i • i i 111 1
in such fund. ruu, and all moneys so levied, when collected, inust ibe
paid into the county treasury to the credit of the county
high school, kept in a separate fund and to be used for
the payment of principal and interest on said honds, and
for no other purpose; Provided, however, that the accu-
How taxes to be "^ulated money may be invested as is provided for the
collected. investment of money collected for the payment of school
STATE OP MONTANA 247
district bonds. Said tax shall be levied and collected
in the same manner as other county taxes.
In any county wherein there is now maintained a dis-
trict high school, in which a county high school is here-
after created,, the bonds to be issued for the county high
school under the provisions of this section shall con-
stitute an indebtednes only against so much of the said
county, as is not included in the district maintaining
said high school, and the question of the issuance of
said bonds shall be submitted to the electors only who
reside outside of such district. The limitations on the aUtvTc^nJi t^vote
indebtedness to be created by the issuance of bonds in gchooi""bond^^^^
such cases and the method of levy, assessment and col- election,
lection of taxes for the payment of bonds so issued, here-
inabove set forth, shall apply only to so much of the
said county as is not included in the school district main-
taining such district high school.
*n I* *l* *F *f* 1*
Sec. 21 13. Prior Acts Validated. — All acts and things ah things done for
of any kind whatever, done by any Board of County Free free high schools
TT'ioi i-n^ ^ 1 T-» t c r^ ^ r^ heretofore under
High School irustees, or by any Board of County Com- prior laws are
missioners of this State prior to the passage of this act, ^^^^^^ ratified.
under the provisions of the act of March 3, 1899, for
the establishment of county free high schools, or under
the act of March 14, 1901, or the act of March 5, 1899,
shall be and are hereby ratified and declared to be valid
and of full force and effect.
Sec. 21 14. Same. — That all acts heretofore done by any ^jj ^j^.^^^ ^^^^
Board of County Commissioners in this State in connec- ^°"®. ^^ board of
•^ county commis-
tion With the submission to the electors of their county signers in submit-
. ^, . r . 1 1- 1 • t 1 . . ting questions of
01 the question of establishingf and locatiner a county free establishing free
U-1-U1 J u-1. 1.- ■ county high
nigh school, and upon which acts such question was in schools, etc, are
fact submitted to the electors of such county and a ma- vaudated^
jority of all votes cast at such election was in favor of
the establishment and location of such high school and
so found and declared by the Board of County Com-
missioners, shall be, and are hereby ratified and declared
to be valid and of full force and effect. '
Sec. 21 15. Bonds Legalized.— That all bonds issued or ah high school
authorized to be issued, at any time prior to the passage ISued b^^bSards
of this act, by the Board of Trustees of any county free h^^lchoois^^afTe?
248 ELECTION LAWS
submission to a hio-h scliool in this State, where the question of the issu-
vote of the elect- «=> r ^ i -^^ j, u •jt-4-
ers, etc., are here- ance of the same was first submitted by said irustees
by declared valid, ^^ ., ^ , ■ '. r ^^ ^
etc. to the electors of the county and a majority of all votes
cast at such election were in favor of said bond issue,
and so found and declared by said Board of Trustees,
are hereby ratified and declared to be valid and legal
obligations and of full force and effect.
Duty of trustees of
county b<
education.
Free Text Books.
(Laws of 1913, Chapter y6. Approved March 12, 1913.
Pages 275, 2y6.)
Section 1811. Election to Be Called— Wlien.
1812. Special Levy to Provide Free Books.
Sec. 181 1. Election Upon Proposition to Supply Free
county board of Text-Books. — Upon the petition of five legal voters of
any s'chool district other than in incorporated cities, and
upon petition of one hundred legal voters in incorporated
cities, towns and villages, filed with the Board of Trus-
tees or Board of Education, as the case may be, to notify
the voters of such school district that an election ''for"
or "against" free text-books will be held at the next en-
?e°TecSve? a^nd ^° suing election for the members of the Board of Trustees
canvassed at such or Board of Education, and the ballots 10 such efifect
election. '
shall be received and canvassed at such election, and
if a majority of all votes cast in the district shall 'be
found to be in favor of free text-books, it shall be the
When it shall be duty of the Board of Trustees or Board of Education,
the duty of board -^ '
of trustees to pur- as the case may be, to purchase at the expense oi such
chase books at ex- , . . -^ ^ f r
pense of district. district all the text-books required for use of all pupils
attending school in such school district, and said text-books
shall be loaned to the pupils of said public schools, free of
r, , , ^ , ^ charge, subject to such rules and regulations as to care
Books to be loaned ^ ^ j t,
to pupils free of and custody as the Board of Trustees or Board of Edu-
vCharge. . "^
cation shall prescribe ; Provided, that the pupils may pur-
chase at cost any of the text-'books to be furnished, when
desired by them.
County commis- Sec. i8i2. Special Levy to Provide Free Text-Books. —
taT\^o p^u^rchase That for the purpose of raising money to pay for school
free books, when, books, which may be furnished to the pupils free of
charge by any district adopting free text-books, a special
levy upon the taxable property of such district shall be
STATE OF MONTANA 249
made by the County Commissioners of the district, if
the money received from the general fund from the dis-
trict be insufficient, and said levy shall be made within ^h^n levy to be
thirty days from and after the adoption of said free text-
books in any district that has by a majority vote adopted
the same, and when made the tax levied shall be collected
in the same manner as other taxes are collected ; Provided, ^u^cted.^^ ^^^" ^^
further, that any district that shall furnish free text-books
shall have the right, through its Board of Trustees, to ^^^^ district may
adopt supplementary books within the meaning of this ta?y^books^^^"^^"~
act, when such adoption has been authorized by a two-
thirds vote of the Trustees of said district.
School District Bonds.
(Laws of 1913, Chapter 76. Approved March 12, 1913.
Pages 285, 286.)
Sec. 201c;. Bonds— How Issued— Election— Limit.— The fo^rd of school
•J ... trustees to issue
Board of School Trustees of any school district within bonds, when,
this State shall, whenever a majority of the School Trus-
tees so decide, submit to the electors of the district the
question whether the board shall be authorized to issue ^^^^.^ ^^ amount
coupon bonds to a certain amount, not to exceed three
per cent of the taxable property in said district, and
bearing a certain rate of interest not exceeding six per
cent per annum, and payable and redeemable at a certain interest rate,
time, for the purpose of building and furnishing one or j^^^^ ^,j^,^^^
more school houses in said district, and purchasing land
necessary for the same. Should the Trustees of any Purposes of bond
-^ . issue.
school district in which bonds have heretofore been issued
to any amount desire to submit to the electors of the May submit ques-
,...1,111, tion of issuing
district the question as to* whether additional bonds snail additional bonds,
be issued they may do so, but no such bonds shall be
• . . 1, J. i. Shall not be
issued unless a majority of all votes cast at any sucn issued, unless,
election shall be cast in favor of such issue of additional
bonds ; and in no case shall the whole issue of bonds indebtedness,
exceed the amount of three per cent of the taxable prop-
erty within said school district.
Sec. 2016. Manner of Holding Election — Ballots — How election held.
Voting. — Such election shall be held in the manner pre-
scribed for the election of School Trustees. The ballots
250
ELECTION LAWS
Form of ballot.
How elector shall
prepare ballot.
When bonds shall
be issued and form
thereof.
Coupons shall be
signed by whom.
Fac simile signa-
tures may be used
on coupons only,
when.
Corporate seal
be attached.
to
Bonds to be regis-
tered, where and
how.
shall be in the form as follows: "Shall bonds be issued
and sold to the amount of dollars, and bearing
not to exceed per cent interest and for a period
not to exceed years, for the purpose of pur-
chasing a school site and building a school house thereon
and for furnishing the same.
"Bonds, Yes.
"Bonds, No."
The elector shall prepare his ballot by putting a cross
before "Bonds, Yes," if he wishes to vote for the bonds,
and before 'Bonds, No," if he wishes to vote against the
bonds. If a majority of the votes cast at such election are
"Bonds, Yes," the Board of School Trustees shall issue
such bonds in such form as the board may direct, and
they shall bear the signature of the Chairman of the
•Board of Trustees and shall be signed by the Clerk of
the said school district; and the coupons attached to the
bonds shall be signed by the said Chairman and Clerk ;
Provided, a lithographic or engraved fac simile of the
signatures of the Chairman and Clerk may be affixed
to coupons only, when so recited in the bonds, and the
corporate seal of the school district shall be attacned to
each of the bonds; and each bond so issued shall be
registered by the County Treasurer in a book provided
for that purpose, which shall show the number and
amount of each bond, and the person to whoim the same
is issued or sold; and the said bonds shall be sold by
the Trustees as hereinafter provided.
STATE OF MONTANA 251
INITIATIVE AND REFERENDUM.
(Amendment to Constitution of Montana, Section i,
Article V, declared in force by Proclamation of Governor,
December 7, 1906.)
Section i. Article V, of the Constitution 'be, and the
same is hereby amended so as to read as follows:
Sec. I. 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 ap-
propriations 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, independent of the Legis-
lative 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 except 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 spe-
cial 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 counties of the State must each furnish as signers
of said petition eight per cent of the legal voters in such
coimty, 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 before 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; Provided, 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
252 ELECTION LAWS
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 ad-
journment of the session of the Legislative Assembly
which passed the bill on which the Referendum is de-
manded. The veto power of the Governor shall not ex-
tend to measures 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 measure 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 majority 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 Gov-
ernor at the regular election last preceding the filing of
any petition for the Initiative and Referendum, shall be
the basis on which the number of the 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 especially pro-
vided therefor. The enacting clause of every law origi-
nated 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 in-
troduce any measure.
STATE OF MONTANA 253
Code Provisions.
(Sections refer to Revised Codes of 1907.)
Section 106. Form of Petition for Referendum.
107. Form of Petition for Initiative.
108. Clerk to Verify Signatures to Petitions.
109. Notice to Governor and Proclamation.
110. Secretary of State to Certify Measures to Be Voted
On — Printing Ballots.
111. Manner of Voting.
112. Printing and Distribution of Measures to Be Voted On.
113. Canvass of Votes.
114. Who May Petition — False Signatures — Penalties.
115. Referred Bills Not Effective Until Approved.
Sec. 106. Form of Petition for Referendum. — -The fol-
lowing shall be substantially the form of petition for the
referendum to the people on any act passed by the Legis-
lative Assembly of the State of Montana:
Warning.
Any person signing any name other than his own to
the 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 punish-
able by a fine not exceeding five' hundred dollars ($500)
or imprisonment in the penitentiary not exceeding two
years, or by both su'ch fine and imprisonment.
Petition for Referendum. Ref«renduin, form
To the Hon , Secretary of State for the
State of Montana:
We, the undersigned citizens and legal voters of the
State of Montana, respectfully order that Senate (House)
Bill No , 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 referred to the people of the State 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 ; I am a legal voter of the State of Montana ;
and my residence, postofifice address and voting precinct
are correctly written after my name.
Name Residence
Postofifice Address
of petition.
254 ELECTION LAWS
If in City, Street and Number
Voting- Precinct
(Here follow numbered lines for signatures.)
(Act approved March 2, 1907, Sec, i ; Tenth Session,
Chap. 62.)
Sec. 107. Form of Petition for Initiative. — The follow-
ing shall be substantially the form of petition for any
law of the State of Montana proposed 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 punish-
able by a fine of not exceeding five hundred dollars ($500)
or imprisonment in the penitentiary not exceeding two
years, or by both sudh fine and imprisonment.
Petition for Initiative.
To the Hon , Sescretary of State for the
Initiative, form of State of Montana:
^^^^*^^°"- We, the undersigned legal voters of the State of Mon-
tana, respectfully demand that the following proposed
law shall be submitted to the legal electors of the State
of Montana, for their appproval or rejection, at the regu-
lar, general or special election to be held on the day
of , 1906, and each for himself says :
I have personally signed this petition, and my residence,
postoffice address and voting precinct are correctly written
after my name.
Name Residence
Postofiice Address
If in City, Street and Number
Voting Precinct
(Numbered lines for names on each sheet.)
Every such sheet for petitioners' signatures shall be
attached to a full and correct copy of the title and text
of the measure so proposed by initiative petition; but
such petition may be filed with the Secretary of State
in numbered sections, for convenience in handling, and
STATE OF MONTANA 255
referendum petitions may be filed in sections in like man-
ner. (Act appproved Mardh 2, 1907, Sec. 2 ; Tenth Ses-
sion, Chap. 62.)
Sec. 108. Clerk to Verify Signatures to Petitions. —
The County Clerk of each county in which any such
petitions shall be signed shall compare the signatures
of the electors signing the same with their signatures
on the registration books and blanks on file in his office,
for the preceding general election, and shall thereupon
attach to the sheets of said petition containing such
signatures, his certificate to the Secretary of State, sub-
stantially as follows:
State of Montana, ) clerk's certificate.
County of )
To the Hon , 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) peti-
tion, 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 signatures 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 : ,
(Seal of Office) County Clerk.
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
Certificate evidence
256
Notaries'
certificate.
Duty of county
clerk.
ELECTION LAWS
remaining signatures as may be proved to be genuine,
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 com-
pare and verify the official signatures and seals of all
notaries so certifying with their signatures and seals filed
in his office. Such notaries' certificates shall be sub-
stantially in the following form : ,
State of Montana, )
County of )
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 signa-
tures 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 annexed petition, and that
t'heir residence and postoffiCe address is correctly stated
therein, to-wit : (Names of such electors.)
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 Secretary 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, disregard-
ing clerical and merely technical errors. (Act approved
March 2, 1907, Sec. 3 ; Tenth Session, Chap. 62.)
STATE OF MONTANA 257
Sec. 109. Notice to Governor and Proclamation.— I m- go°^rn?r*'"" ''^
mediately upon the filing of any sudh petition for the
referendum or initiative with the Secretary of State, signed
by the number of voters and filed within the time re-
quired by the constitution, he shall notify the Governor
in writing of the filing of such petition, and the Governor
shall forthwith issue his proclamation, announcing that
such petition has been filed, with a brief statement of its
tenor and eflfect. 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.
(Act approved March 2, 1907, Sec. 4; Tenth Session,
Chap. 62.)
Sec. no. Secretary of State to Certify Measures to i^uty of secretary
of
ty
Be Voted On— Printing Ballots.— The Secretary of State, f ^ItrL"""'^ ""'""
at the same time that he furnishes to the County Clerks
of the several counties certified copies of the names of
the candidates for offitce, shall also furnish the said County
Clerks his certified copy of t*he 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 Legis-
lative Assembly, committee, or organizations presenting
and filing 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 measures, and he shall num-
ber such measures; and such title shall be printed on a
separate official ballot in the order in which the acts
referred by the Legislative Assembly and petitioned by
the people shall be filed in his office.
The first measure filed after this act shall go into Numbering of
efifect shall be numbered No. 6, and the next succeeding measures,
measures shall be numbered in numerals consecutively
7, 8, 9 and so on from one election to another, no measure
to be numbered with the same number of any other
measure.
The affirmative and negative of each measure shall
have the same number.
258 ELECTION LAWS
It shall be the duty of the several County Clerks to
print said titles and numbers upon a separate official
ballot in the order presented to them by the Se'cretary
of State and the relative position required by law.
Measures proposed by the initiative shall be designated
and distinguished from measures proposed by the Legis-
lative Assembly by the heading, "Proposed Petition for
Initiative." (Act of March 8, 1913; Chapter 66, p. 129.)
Sec. III. Manner of Voting. — The manner of votins:
How ballots shall i-i iiini -n'
be marked by on measures submitted to the people shall be : By mark-
ing 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 following is a sample ballot sepre-
senting negative votes :
Sample of negative I I ^or Initiative Measure No 6,
ballot. I Relatmg to Duties of Shenlts.
X Against Said Measure No. 6
D
For Referendum Measure Nb. 7,
Relating to Purchase of Insane Asylum.
Against Said Measure No. 7.
T^imit of title on And no title on a ballot shall contain more than ten
words, which shall be descriptive of the measure pro-
posed. (Act of March 8, 1913 ; Chap. 66, p. 129.)
Sec. 112. Printing and Distribution of Measures to
Be Voted On. — The Secretary of State shall, not later
?f"^liatf. ""^'^^^^^ 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 ques-
tion will be printed on a separate official ballot. The
paper to be used for the covers of suoh pamphlets shall
be twenty by twenty-five inches, and fifty pounds weight
to the ream. The persons, committees, or duly authorized
officers of any organization filing any petition for the
initiative, but no other person or organization, shall have
the right to place with the Secretary of State for dis-
STATE OF MONTANA 2b9
tribution any pamphlets advocating such measure, not
later than the first Monday of the fifth month before
the regular general or special election at which the meas-
ure is to be voted on; any person, committee or organiza-
tion opposing any measure may place with the Secretary
of State for distribution any pamphlets they may desire,
not later than the first Monday of the fourth montb im-
mediately preceding such election ; as to pamphlets ad-
vocating or opposing any measure referred to the people
by the Legislative Assembly, they shall be governed
by the same rules of time,, but they may be placed with
the Secretary of State by any person, committee or or-
ganization ; Provided, that all such pamphlets shall be
furnished to the Secretary of State in sheets of uniform
size, as follows : Size of pamphlet page to be six inches
wide by nine inches long; size of type page to- be twenty-
six ems pica wide, by forty ems pica long, set in long
primer of ten-point type, and printed on sized and super-
calendered paper, twenty-five by thirty-eight inches,
weighing fifty pounds to the ream. All such pamphlets
shall be furnished to the Secretary of State ai the sole pampifieSf"^
expense of the persons interested, and without cost to
the State. In no case shall the Secretary of State be
obliged to receive any such pamphlets unless a suffiicient
number is furnished to supply one to every legal voter
in the State, but in such case he shall forthwith notif)*
the persons offering the same of the number required.
The Secretary of State shall cause one copy of each of
said pamphlets to be bound in with his copy of the
measures to be submitted as herein provided. The title
page of every such pamtphlet, shall show the official
numbers for and against, and t^he ballot title of the meas-
ure to which it refers, and whether it is intended to favor
or oppose such measure and by whom it is issued. The
Secretary of State shall distribute to each County Clerk,
before the second Monday in the third month next pre-
ceding such regular general election, a sufficient number
of said bound 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
260
ELECTION LAWS
same, within thirty days from the date of his receipt of
the same from the Secretary of State. The imailing of
said boimd pamphlets shall be a part of the offiicial duty
of the County Clerk of each of the several counties and
his official compensation shall be full compensation for
this additional service. The Secretary of State sihall not
be obliged to receive or distribute any pamphlets advo--
eating or opposing any measure unless the same shall
be filed with him within the time herein provided. (Act
approved March 2, 1907, Sec. 7; Tenth Session, Chap. 62.)
Duty (.r state ^^^- ^^3- Canvass of Votes.— The votes on measures
boafd of canvass- 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 returned,
and the abstract made t>y 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 598 (1440) and 599 (1441) of the Political
Code for a'bstracts of votes for State officers. It shall
be the duty of the State Board of Canvassers to proceed
within thirty days after the election, and sooner if the
returns be all received, to canvass the votes given for
eaoh measure, and the Governor shall forthwith issue
his proclanTation, which shall ibe published in two daily
newspapers printed at the capital, giving the whole num-
ber of votes cast in the State for and against each measure
and question, and declaring such measures as are ap-
proved 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 meas-
ures by their titles. (Act approved March 2, 1907, Sec.
8; Tenth Session, Chap. 62^
Sec. 114. Who May Petition — False Signatures —
Penalties. — Every person who is a qualified elector of
the State of Montana may sign a petition for the refer-
endum or for the initiative. Any person signing any
name other than his own to such petition or signing the
same mo^re than once for the same measure at one elec-
tion, or who is not at the time of signing the same a
legal voter of this State, or any officer or any person
Violation of act
pen-^itips.
STATE OF MONTANA 261
wilfully violating any provision of this statute, shall,
upon conviction thereof, be punished by a fine not ex-
ceeding five hundred dollars ($500) or by imprisonment
in the penitentiary not exceeding two years, or by both
such fine and imprisonment in the discretion of the court
before which such conviction shall be had. (Act approved
March 2, 1907, Sec. 9; Tenth Session, Chap. 62.)
Sec. 115. Referred Bills Not Eifective Until Approved.— ^ppJ°^^^ ^^ ^^^'''-
A bill passed by the Legislative Assembly and referred
to popular vote at the next general election or at a spe-
cial 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. (Act approved March 2, 1907,
Sec. 10; Tenth Session, Chap. 62.)
(Note : — See also title, "Initiative and Referendum in
Government of Cities and Towns.")
STATE OF MONTANA 263
CORRUPT PRACTICES ACT.
A Bill to Propose by Initiative Petition a Law to Limit
Candidates' Election expenses ; to Define, Prevent and
Punish Corrupt and Illegal Practices in Nominations
■and Elections ; to Secure and Protect the Purity of
the Ballot; to Provide for Furnishing Information to
t(he Electors and to Provide the Manner of Conducting
Contests for Nominations and Elections in Certain Cases.
Section 1. Limit of Expenditures.
2. Campaign Literature.
8. Same — Cost Per Page.
4. Same — Duty of State Printer.
5. Duty of Secretary of State and County Clerks,
6. Same — Campaign Books.
7. Campaign Books — Payments to Secretary of State.
8. Limit of Campaign Expenses.
9. City Elections.
10. Definitions of Terms.
11. Filing of Financial Statement.
12. Statement of Accounts.
. 13. Copies of Act — Duty of Secretary of State.
14. Failure to File Statement — Procedure.
15. Same.
16. Violation of Act — District Courts — Jurisdiction.
17. Publication of Totals.
18. Prohibited Contributions.
19. Promises of Appointment Prohibited.
20. Prohibited Contributions.
21. Delegates— Who Not to Become.
22. Transfer of Credentials Prohibited.
23. What Prohibited.
24. Prohibited Contributions.
25. Same.
26. Treating, Etc., Forbidden. ♦
27. Challenges — Procedure.
28. Coercion — Undue Influence — Punishable.
29. Betting Unlawful.
30. Repeating, Etc. — A Felony.
31. Corrupt Practices— What Constitutes.
32. Paying for Attending Polls Unlawful.
33. Prohibited Publications.
34. Soliciting Votes Prohibited.
35. Political Criminal Libel.
36. Vacancies, How Filled.
37. Becoming Candidate for Venal Purpose.
38. Trivial Offenses.
39. Removal From Office.
264 ELECTION LAWS
40. Contest — Time for Commencing.
41. Same — Petition.
42. Penalty — Violation of Act.
43. Duty of County Attorney.
44. Decree of Court.
45. Grounds of Contest.
46. Illegal Votes — Decree.
47. iSame — Duty of Contestant.
48. Same — Petition — Bond — Costs.
49. Court Procedure.
50. Violation of Act by Corporation.
51. Penalties.
52. Court Proceedings.
53. Complaint — Form of.
54. Statement of Expenses — Form.
55. Perjury
Be It Enacted by the People of the State of Montana:
Sec. I. No sums of money shall be paid, and no ex-
Limit of expendi- . 1 • j • l l ■, ^ ^ r r
tures. penses authorized or mcurred by or on behalf of any
candidate to be paid by him, except such as he may pay
to the State for printing, as herein provided, in his cam-
paign for nomination to any public office or position in
this State, in excess of fifteen per cent of one year's com-
pensation or salary of the office for which he is a can-
^ didate; Provided, that no candidate shall be restricted
to less than one hundred dollars in his campaign for
such nomination. No sums of money shall be paid, and
no expenses authorized or incurred, contrary to the, pro-
visions of this act, for or on behalf of any candidate for
nomination. For the purposes of this law the contribution,
expenditure, or liability of a descendant, ascendant, brother,
sister, uncle, aunt, nephew, niece, wife, partner, employer,
employe, or fellow offiicial or fellow employe of a cor-
poration shall be deemed to be that of the candidate
himself.
champaign litera- Sec. 2. Any candidate, and unless he notifies the Sec-
retary of State that he refuses them permission, the
friends of any candidate for nomination to any State or
district office, when the district is composed of one or
more counties, may file with the Secretary of State, for
publication as herein provided, not later than the thirty-
third day before the biennial primary nominating election,
liiiijg, time. with his portrait cut if he wishes, a printed or typewritten
STATE OF MONTANA 265
statement or statements, on the conditions hereinafter
set forth, over his or their signatures, stating the reasons
why he should be nominated; Provided, that no can-
didate, nor his friends, shall be allowed to file any such
statements, unless his petition for nomination is duly
filed with the Secretary of State, not later than the forty-
first day before said nominating election. Any person
or persons opposing the nomination of any such candi-
date may, not later than the thirty-ninth day before said
nominating election, file with the Secretary of State their
printed or typewritten statements over their signatures
of the reasons why such candidate should not be nomi-
nated, but every such statement shall be accompanied
by proof, by affidavit or Sheriff's return, that they have
caused to be served personally and in person upon such
candidate a true copy of such statement. Each candidate
shall be allowed one page of printed matter and those
opposing him shall each be allowed one page of space
on equal terms with him as hereinafter provided. Nothing ftatl^rnlrS:! hSi-^
in this law shall be deemed to make any such statement ^^•
or the authors thereof, free or exempt from any civil or
criminal action or penalty, because of any false, slander-
ous or libelous statements offered for printing or con-
tained in said pamphlet. The person or persons procur-
ing, making, composing or offering such statements for
filing, shall be deemed the authors and publishers thereof.
Sec. 3. Candidates for nomination shall pay for one
page of space in the publication herein provided for as ^(fs^^^^f" a^e^^'
follows : For the offilce of United States Senator in Con-
gress, one hundred dollars; for Representative in Con-
gress, one hundred dollars; for Justice of the Supreme
Court, seventy-five dollars; for Governor, one hundred
dollars; for Secretary of State, one hundred dollars; for
State Treasurer, one hundred dollars; for State Auditor,
one hundred dollars; for State Superintendent of Public
Instruction, seventy-five dollars; for Railroad Commis-
sioner, one hundred dollars; for Attorney General, one
hundred dollars; for Clerk of the Supreme Court, seventy-
five dollars; for Lieutenant Governor, fifty dollars; for . ;^
Senator or Representative in the Legislative Assembly,
ten dollars; for District Judge, fifty dollars; for candi-
266
ELECTION LAWS
Payment to secre- rci^r\if\oi(^
tary of state. CaiKllQate
Arrangement of
campaigrn book.
i3uty of state
printer.
dates for any other office for a district consisting of one
or more counties , or State office, fifty dgllars. Any
candidate may have additional space at the rate of one
hundred dollars per page, but no payment shall be re-
ceived for less than a full page ; Provided, that not more
than three additional pages shall be allowed to any one
All payments required by this section shall
be made to the Secretary of State when the statement
is offered to him for filing, and be by him paid into the
general fund in the State treasury.
Sec. 4. Not later than the thirtieth day before the
primary nominating election, the Secretary of State shall
hand to the official printer all of such statements and
portrait cuts properly compiled, edited, .prepared and in-
dexed for printing; it shall be the official printer's duty
to print and bind the samie in pamphlet form, printing
the pictures of candidates with and as a part of their
several statements, where such portrait cuts are offered ;
statements of those who directly oppose any candidate
shall follow next after his statement. All of the state-
ments filed for and against all the candidates for nomi-
nation to each office shall be printed in the order in which
candidates 'names are grouped under the title to their
offices on the offiicial ballot at the nominating election.
In preparing said pamphlets for printing, the Secretary
of State shall compile the copy for the same in such
form as to make it most convenient for the official printer
to print and bind under one cover, separately for each po-
litical party, the statements only of candidates to be voted
for by members of that party for nomination in the same
electoral district or division ; that is to say, the . state-
ments and arguments of all candidates seeking republican
votes in Ravalli County for nominations by the re-
publican party to State and district offices, for a district
comprising one county or more, shall be printed and
bound under one cover, and the same with the democratic
and any other party required to nominate its candidates at
said nominating election. The same method shall be applied
in printing the pamphlets for all other counties and dis-
tricts, but no picture, statement or argument for or
against any candidate for nomination shall be included
STATE OF MONTANA 267
in the copy of said pamphlet going to any county where
such candidate is not to be voted for.' The official printer
shall begin the delivery of said pamp^hlets to the Secretary
of State as quickly as possible, and not later than the
twentieth day before the nominating election, and com-
plete the same not later than the fifteenth day before said
nominating election, printing and delivering first so far as
practicable the pamphlets for the counties in the order
of their distance from the State capital. At the time of
'delivering the copy to the official printer the Secretary
of State shall order the number of copies he estimates
will be necessary for each county.
Sec. 5. The several County Clerks shall obtain the post- j^ames of electors,
offiice address of each voter who registers and on the ^i^rks^^ county
seventeenth day preceding the nominating election, said
County Clerks shall mail to the Secretary of State the
name and postoffilce address of every voter registered at
that time in their Tespective counties ; im^mediately on
the close of registration for such nominating election,
and again at the close of registration for the general v
election, they shall deliver to the Secretary of State the
postoffice address of every voter who registers during
the said interval. At least eigfht days before the regular
biennial primary nominating election the Secretary of
State shall forward by mail to every voter a copy of each ^f"ttat°e. '^^'^^^^^
pamphlet 'containing the names and statements herein
provided for. The pages of the pamphlets required by
this act shall be six by nine inches in size, and the printed
matter therein sihall be set in eight point Roman faced
type, single leaded, and twenty-five ems pica in width, ^°^^ °^ pamphlet,
with proper heads. In the foot margin of every page
of the party pamphlets ior nominating election shall be
shown the authority for the information therein, as "The
information furnished by (name of candidate or name
of ihis friends or opponents)," as the case may be. In
the foot margin of every page of the pamphlet herein
provided for the general election shall be shown the .
authority for the statements thereof, as "The informa-
tion furnished by (title of com-mittee or managing agent
of the political party or name of the independent candi-
date)," as the case may be.
268 ELECTION LAWS
Campaign book. Sgc 5^ Not later than the thirtieth day before the
regular biennial general election the State executive co'm-
mittee or managing officers of any political party or or-
ganization having nominated candidates, but no others
except independent candidates, may file with the Secretary
of State portrait cuts of its candidates and typewritten
statements and arguments for the success of its principles
and the election of its canddiates, and opposing or attack-
Duty of secretary, i^g" the principles and candidates of all other parties. Not
later than the twenty-eighth day before said general'
election the Secretary of Statre shall deliver to the official
printer, properly compiled and prepared for printing, the
said portrait cuts, statements and arguments, with an
order for the number of pamphlet copies of the same
necessary to supply one, at least, complete as to the 'can-
didates to be voted for in any county for which the same
may be designed, for every registered voter within the
printer.^ ^ ^ ^ ^ State of Montana. The official printer shall begin de-
livering said pamphlets to the Secretary of State as soon
as possible, and shall complete the same within twelve
days. The Secretary of State shall begin mailing the
pamphlets to the voters of the State as soon as they are
delivered to him, and shall complete the mailing on or
before the tenth day of said general election.
Sec. 7. All the portrait cuts, statements and arguments
Limit of space to ot all the political parties and independent candidates
par y. shall be bound together in one pamphlet, and no party
shall have more than twenty-four pages, nor an inde-
pendent candidate more than two pages therein. The
Payments to sec- political parties and independents shall pay to the Sec-
re ary o s a e. retary of State for the public treasury for said pamphlet
at the time of filing their copy with him, at the rate
of fifty dollars for each printed page of space in said
pamphlet used by such party or independent candidate.
The provisions of the preceding sections requiring esti-
mates of the number of pamphlets for eadh county, limita-
tions on the candidates' names, statements and pictures
to be included in the pamphlets going to each county,
and the manner of distribution, shall apply in like manner
to the pamphlets herein provided for the general election.
STATE OF MONTANA 269
Sec. 8. No sums of money shall be paid and no ex- ^^^jnsei. ''^"'p^^^''
penses authorized or incurred by or on behalf of any
candidate who has received the nomination to any public
offi'ce or position in this State, except such as he may
contribute towards payment for his political party's or
independent statement in the pamphlet 'herein provided
for, to be paid by him in his campaign for election, in
excess of ten per cent of one year's salary or compensa-
tion of the office for which he is nominated; Provided,
that no candidate shall be restricted to less than one
hundred dollars. No sum of money shall be paid and
no expenses authorized or incurred by or on behalf of
any political party or organization to promote the success
of the principles or candidates of such party or organiza- Co^t^^i^^^^io^s.
tion, contrary to the provisions of this act. For the pur-
poses of this act the contribution, expenditure or liability
of a descendant, ascendant, brother, sister, uncle, aunt,
nephew, niece, wife, partner, employer, employee or fellow
offiicial or fellow employe of a corporation shall be deemed
to be that of the candidate himself.
Sec. Q. In cities of more than ten thousand population. ^., , ,. •
-^ . , . f f City elections
any candidate for nomination or election to any elective
municipal office miy file with the City Clerk, Auditor or
Recorder, not later than the fifteenth day before the munici-
pal primary nominating election, a statement of the reasons
why he should be nominated and elected, and portrait
cut if he desires, on the conditions hereinafter set forth.
Such candidate shall pay for the services herein provided
at the rate of twenty dollars for each printed page of
space; no payment shall be received for less than a full ^^^^^^^^^ pamph-
page. AH payments made under this section shall be
made to the City Clerk, Auditor or Recorder at the time
the statement is offered to him for filing, and shall 'be
by him paid into the general fund in the city' treasury.
The City Clerk, Auditor or Recorder shall properly com- ^^^y of city clerk,
pile, edit, prepare and index said statements and argu-
ments for printing, and if there shall be any municipal
measures' to be voted upon at the ensuing municipal elec-
tion he may bind in with said pamphlet a copy of each
and of the arguments submitted thereon in like m^anner
as the Secretary of State is required to do in State elec-
270
ELECTION LAWS
What cities in-
cluded.
Definitions of
terms.
tions, and shall cause the same to be printed in the
same manner that other city printing is done, and have
them all bound under one cover; and he shall, at least
eight days before the regular nominating election, forward
a copy of said pamphlet, with postage fully prepaid, to
each voter in the city whose postofifi/ce address he may
have or can obtain from the city directory, registration
books or otherwise. The provisions of this section shall
not apply to cities of less than ten thousand inhabitants,
as shown by the census next pieceding such municipal
election. The provisions of the preceding sections for
statements opposing candidates shall apply also to mu-
nicipal elections, under this section, subject to the same
rules of filing, payments, etc., required of candidates'
statements by this section.
Sec. ID. Terms used in this act shall be construed as
follows, unless other meaning is clearly apparent fro'm
the language or context, or unless such construction is
inconsistent with the manifest intent of the law :
"Persons" shall apply to any individual, male or female,
and, where consistent with 'collective capacity, to any
committee, firm, partnership, club, organization, associa-
tion, corporation, or other combination of individuals.
"Candidate" shall- apply to any person whose name is
printed on an ofificial ballot for public office, or v^hose
name is expected to be or has been presented for public
office, with his consent, for' nomination or election.
"Political agent" shall apply to any person who, upon
request or under agreement, receives or disburses money
in behalf of a candidate.
"Political committee" shall apply to every combination
of two or more persons who s'hall aid or promote the
success or defeat of a candidate, or a political party or
principle, and the provisions of law relating" thereto shall
apply to any firm or partnership, to any corporation, and
to any club, organization, association, or other combina-
tion of persons, whether incorporated or not, with similar
purposes, whether primary or incidental.
"Public office" shall apply to any national, state, county
or city office to which a salary attaches and which .is
filled by the voters, as well as to the office of Presidential
STATE OP MONTANA 271
Elector, United States Senator, or presiding officer of
either branch of the Legislature.
''Give," "provide," "expend," "contribute," "receive,"
''ask," "solicit," and like terms, with their corresponding
nouns, shall apply to money, its equivalent, or any other
valuable thing; shall include the promise, advance deposit,
borrowing, or loan thereof, and shall cover all or any
part of a transaction, whether it be made directly or
indirectly.
None of the provisions of this act shall be construed ^^g^^.^^^'P®"^''^"^'®^
as relating to the rendering of services by speakers, writ-
ers, publishers, or others, for which no compensation is
asked or given; nor to prohibit expenditure by committees
of political parties or organizations for public speakers,
music, halls, lights, literature, advertising, offi.ce rent,
printing, postage, clerk hire, challengers or watchers at
the polls, traveling expenses, telegraphing or telephoning,
or making of poll lists.
Sec. II. Every candidate for nomination or election
to public offi*ce, including candidates for the office of
Senator of the United States, shall within fifteen days
after the election at which he was a canddiate, file with ^ . ,
Filing of financial
the Secretary of State, if a candidate for Senator of the statement.
United States, Representative in Congress, or for any
State or district offi'ce in a district composed or one or
more counties, or for members of the Legislative As-
sembly from a district composed of more than one county,
but with the County Clerk for legislative districts com-
posed of not more than one county, and for county and
precinct offices, and with the City Clerk, Auditor or
Recorder of the town or city in which he resides if he
was ^ candidate for a town, city or ward office, an itemized
sworn statement setting forth in detail all the moneys
contributed, expended or promised by him to aid and pro-
mote his nomination or election, or both, as the case
may be, and for the election of his party 'candidates, and
all existing unfulfilled promises of every character and
all liabilities remaining uncanceled and in force at the
time such statement is made, whether such expenditures,
promises and liabilities were made or incurred before,
during or after such election. If no money or other
272
ELECTION LAWS
Failure to file,
penalty.
Statement of
accounts.
Vouchers.
valuable thing was given, paid, expended, contributed,
or promised, and no unfulfilled liabilities were incurred
by a ^candidate for public offiice to aid or promote his
nomination or election, or the election of his party can-
didates, he shall file a statement to that effect within
fifteen days after the election at which he was a can-
didate. Any candidate who shall fail to file such a state-
iment shall be fined twenty-five dollars for every day
on which he was in default, unless he shall be excused
by the court. Fifteen days after any such election the
Secretary of State, or County Clerk, City Clerk, Auditor
or Recorder, as the case may be, shall notify the County
Attorney of any failure to file such a statement on the
part of any candidate, and within ten days thereafter
such prosecuting offtcer shall proceed to prosecute said
candidate for such offense.
Sec. 12. Every political committee shall have a treas-
urer, who is a voter, and shall cause him to keep detailed
accounts of all its receipts, payments and liabilities.
Similar accounts shall be kept by every person, who in
the aggregate receives or expends money or incurs lia-
bilities to the amount of more than fifty dollars for politi-
cal purposes and by every political agent and candidate.
Such accounts shall cover all transactions in any way
afifecting or connected with the political canvass, cam-
paign, nomination or election concerned. Every person
receiving or expending money or incurring liability iby
authority or in behalf of or to promote the success or
defeat of such committee, agent, candidate or other per-
son or political party or organization, shall, on demand,
and in any event within fourteen days after such receipt,
expenditure or incurrence of liability, give such treasurer,
agent, candidate or other person on whose behalf such
expense or liability was incurred detailed account thereof,
with proper vouchers. Every payment, except payments
less in the aggregate than five dollars to any person,
shall be vouched for by a receipted bill stating the par-
ticulars of expense. Every voucher, receipt and account
hereby required shall be a part of the accounts and files
of such treasurer, agent, candidate or other person, and
shall be preserved by the public officer with whom it
Books open to in-
STATE OF MONTANA 273
shall be filed for six months after the election to which
it refers. Any person not a candidate for any office or
nomination who expends money or value to an amount
greater than fifty dollars in any campaign for nomination
or election, to aid in the election or defeat of any can-
didate or candidates, or party ticket, or measure before
the people, shall within ten days after the election in
which said money or value was expended, file with the
Secretary of State in the case of a measure voted upon
by the people, or of State or district offices for districts
composed of one or more counties or -with the County
Clerk for county offices, and with the City Clerk, Auditor
cr Recorder for municipal offices, an itemized statement
of such receipts and expenditures and vouchers for every
sr.m paid in excess of five dollars, and shall at the same
time deliver to the candidate or treasurer of the political
organization whose success or defeat he has sought to
promote, a duplicate of such statement and a copy of
such vouchers. The books of account of every treasurer ^pection
of any political party, committee or organization, during
an election campaign, shall be open at all reasonable
office hours to the inspection of the treasurer and chair-
man of any opposing political party or organization for
the same electoral district; and his right of inspection
may be enforced by writ of mandamus by any court of
competent jurisdiction.
Sec. 13. The Secretary of State s'hall, at the expenses Copies of act.
of the State, furnish to the County Clerk, and to the
City and Town Clerks, Auditors and Recorders, copies
of this act as a part of the election laws. In the filing
of a nomination petition or certificate of nomination, the
Secretary of State, in the case of State and district /Offices _
. Duty of secretary
for districts composed of one or more counties, and County of state.
Clerks for county offices, and the City and Town Clerks,
Auditors or Recorders for imunicipal offices, shall trans-
mit to the several candidates, and to the treasurers of
political committees, and to political agents, as far as
they may be known to such officer, copies of this act,
and also to any other person required to file a statement
such copies shall be furnished upon application therefor.
Upon his own information, or at the written request of
274
ELECTION LAWS
Examination of ac-
counts.
Failure to file
statement, pro-
cedure.
Statements to be
sworn to.
Failure to file
statement, pro-
cedure.
any voter, said Secretary of State shall transmit to any
other person believed by him or averred to 'be a candi-
date, or who may otherwise be required to make a state-
m'ent, a copy of this act.
Sec. 14. The several officers with whom statements
are required to be filed shall inspect all statements of
accounts and expenses relating to nominations and elec-
tions filed with them within ten days after the same are
filed; and if upon examination of the official ballot it
appears that any person has failed to file a statement as
required by law, or if it appears to any such officer that
the statement filed with him does not conform to law,
or upon coimplaint in writing by a candidate or by a
voter that a statement filed does not conform to law or
to the truth, or that any person has failed to file a state-
ment which he is by law required to file, said officer
shall forthwith in writing notify the delinquent person.
Every such complaint filed by a citizen or 'candidate shall
state in detail the grounds of objection, shall be sworn
to by the complainant, and shall be filed with the officer
within sixty days after the filing of the statement or
amended statement. Upon the written request of a can-
didate or any voter, filed within sixteen days after any
convention, primary or nominating election, said Secre-
tary of State, County Clerk, City or Town Clerk, Auditor
or Recorder, as the case may be, shall demand from any
specified person or candidate a statement of all his re-
ceipts, and from whom received, disbursements and lia-
bilities in connection with or in any way relating to the
nomination or election concerned, whether it is an office
to which a salary or compensation is attached or not,,
and said person shall thereupon be required to file such
statement and to comply with all the provisions relating
to statements herein 'contained. Whoever makes a state-
ment required by this act shall make oath attached
thereto: that it is" in all respects correct, com'plete, and
true, to the best of his knowledge and belief, and said
v^erification shall be substantially the form herein provided.
Sec. 15. Upon the failure of any person to file a state-
ment within ten days after receiving notice under the:
STATE OF MONTANA , 275
preceding section, or if any statement filed as above dis-
closes any violation of any provision of this ■ act relating
to corrupt practices in elections, or in any other pro-
vision of the election laws, the Secretary of State, the
County Clerk, or the City Clerk, Auditor or Recorder,
as the case may be, shall forthwith notify the County
Attorney of the county where said violation occurred
and shall furnish 'him with copies of all papers relating
thereto, and said County Attorney shall within sixty
days thereafter examine every such case, and if the evi-
dence seems to him to be sufficient under the provisions
of this act he shall in the name of the State forthwith
institute such civil or criminal proceedings as may be
appropriate to the facts.
Sec. i6. The District Court of the county in which yjoiation of act
any statement of accounts and expenses relating to nomi-
nations and elections should be filed, unless herein other-
wise provided, shall have exclusive original jurisdiction
of all violations of 'this act, and may compel any person
who fails to file such a statement as required by this act,
or who files a statement which does not conform to the
provisions of this act in respect to its truth, sufficiency
in detail or otherwise to file a sufficient statement, upon
the application of the Attorney General or of the County jJJHgdfction"'^^^'
Attorney, or the petition of a candidate or of any voter.
Such petition shall be filed in the District Court within
sixty days after such election if the statement was filed
within fifteen days required, 'but such a petition may
be filed within thirty days after any payment not in-
cluded in the statement so filed.
Sec. 17. All statements shall be preserved for six
months after the election to which they relate, shall be ^ ^,. ,.
^ ' Publication of
public records subject to public inspection, and it shall totals,
be the duty of the offijcers having custody of the same
to give certified copies thereof in like imanner as of, other
public records. The totals of each statement file4 with
him, with the name of the person or candidate filing it,
shall be published in the next annual report of the Sec-
retary of State, the County Clerk or the City Clerk, Audi-
tor or Recorder, as the case may be.
276 ELECTION LAWS
Contributions in ggQ^ j8_ '^■q. person shall make a payment of his own
another s name ^ ^ •'
prohibited. money or of another person's money to any other person
in connection with a nomination or election in any
other name than that of the person who in trut'- :. applies
such money; nor shall any person knowingly receive
such payment or enter or cause the same to be entered
in his accounts or records in another name than that of
the person by whom it was actually furnished ; Provided,
if the money be received from the treasurer of any po-
litical organization it shall, be sufficient to enter the
same as received from said treasurer.
Promise of ap- Sec. 19. No person shall, in order to aid or promote
prohibited. ° ° ^^^ ^^is nomination or election, directly or indirectly, himself
or through any other person, promise to appoint another
person, or promise to secure or aid in securing the ap-
pointment, nomination or election of another person to
any public or private position or employment, or to any
position of honor, trust or emolument, except that he may
publicly announce or define what is his choice or purpose
in relation to any election in which he may be called
to take part, if elected, and if he is a candidate for
nomination or election as .a member of the Legislative
Assembly he may pledge himself to vote for the people's
choice for United States Senator, or state what his action
will be on such vote.
Contributions by S^c. 20. No holder of a public position or ofBce other
hrbfted.^"^"^^"^ ^^"^ than an office filled by the voters shall pay or contribute
to aid or promote the nomination, or election of any
other person to public office. No person shall invite,
demand or accept payment or contribution from such
holder of a. public position or office for campaign pur-
poses.
Sec. 21. No holder of a public position other than an
Who not to be- „ ^,, , , , 1, 1 ,1
come delegate to ofiofce filled by the voters shall be a delegate to a con-
vention for the election district that elects the officer or
board under whom he directly or indirectly holds such
position, nor shall he be a member of a political com-
miittee for such district.
Sec. 22, No person shall invite, offer or effect the
Transfer of con- transfer of any convention credential in return for any
J^Shibited.''*'''''''''' payment of money or other valuable thing.
STATE OF MONTANA 277
Sec. 23. No person shall pay, or promise to reward f^^^^^g c°andldacy
another in any manner or form for the purpose of in- prohibited,
ducing him to be or refrain from or cease being a can-
didate, and no person shall solicit any payment, promise
or reward from another for such purpose.
Sec. 24. No person shall demand, solicit, as'k or invite Contributions,
., . - ,. . ,. . , what prohibited.
any payment or contribution for any religious, political,
charitable or other cause or organization supposed to be
primarily or principally for the public good, from a per-
son who seeks to be or has been nominated or elected
to any office ; and no such candidate or elected person
shall make any such paym'ent or contribution if it shall
be demanded or asked during the time he is a candidate
for nomination or election (to or an incumbent of any
office. No payment or contribution for any purpose shall
be made a condition precedent to the putting of a name
on any caucus or convention ballot or nomination paper
or petition, or to the performance of any duty imposed
by law on a political committee. No person shall de-
mand, solicit, ask or invite any candidate to subscribe
to the support of any club or organization, to buy tickets
to any entertainment or ball, or to subscribe for or pay
for space in any book, program, periodical or other pub-
lication; if any candidate shall make any such payment
or contribution with apparent hope or intent to influence
the, result of the election, he shall !be guilty of a corrupt
practice; but this section shall not apply to the soliciting
of any business advertisement for insertion in a periodical
in which such candidate was regularly advertising prior
to his candidacy, nor to ordinary business advertising, nor
to his regular payment to any organization, religious,
charitable or otherwise, of which he may have been a
member, or to which he may have been a contributor
for more than six months before his candidacy, nor to
ordinary contributions at church services.
Sec. 25. No corporation, and no person, trustee, or
trustees owning or holding the majority of the stock of ?o%o^raSon"prohib-
a corporation carrying on the business of a bank, savings ^^^<^'
bank, co-operative bank, trust, trustee, surety, indemnity,
safe deposit, insurance, railroad, street railway, ^telegraph,
telephone, gas, electric light, heit, povver, canal, aqueduct.
276 ELECTION LAWS
Contributions in ggQ^ jg ;^o person shall make a payment of his own
another s name ^ ^ -'
prohibited. money or of another person's money to any other person
in connection with a nomination or election in any
other name than that of the person who in trut'- :> applies
such money ; nor shall any person knowingly receive
such payment or enter or cause the same to be entered
in his accounts or records in another name than that of
the person by whom it was actually furnished; Provided,
if the money be received from the treasurer of any po-
litical organization it shall, be sufficient to enter the
same as received from said treasurer.
Promise of ap- Sec. 19. No person shall, in order to aid or pro^mote
prohiSted. ^ ° ^^^ '^is nomination or election, directly or indirectly, himself
or through any other person, promise to appoint another
person, or promise to secure or aid in securing the ap-
pointment, nomination or election of another person to
any public or private position or employment, or to any
position of honor, trust or emolument, except that he may
publicly announce or define what is his choice or purpose
in relation to any election in which he may be called
to take part, if elected, and if he is a candidate for
nomination or election as a member of the Legislative
Assembly he may pledge himself to vote for the people's
choice for United States Senator, or state what his action
will be on such vote.
Contributions by See. 20. No holder of a public position or office other
hfbfted^''^^^'^ ^'°" than an office filled by the voters shall pay or contribute
to aid or proimote the no^mination or election of any
other person to public office. No person shall invite,
demand or accept payment or contribution fro'm such
holder of a. public position or office for 'campaign pur-
poses.
Sec. 21. No holder of a public position other than an
Who not to be- „ „_ , , 1, 1 ,1
come delegate to offiice filled by the voters shall be a delegate to a con-
conventions. . . , , . 1 • • 1 1 i 1 rr
vention for the election district that elects the officer or
board under whom he directly or indirectly holds such
position, nor shall he be a member of a political com-
mittee for such district.
Sec. 22. No person shall invite, offer or effect the
Transfer of con- transfer of any convention credential in return for any
p^ShibTted.'"'^'''''''^' payment of money or other valuable thing.
STATE OF MONTANA 277
Sec. 23. No person shall pay, or promise to reward ^^^g^^^^ ^°^ ^d^^~
another in any manner or form for the purpose of in- prohibited,
ducing him to be or refrain from or cease being a can-
didate, and no person shall solicit any payment, promise
or reward from another for such purpose.
Sec. 24. No person shall demand, solicit, ask or invite Contributions,
^., ^. r ,.. i-^-i what prohibited.
any payment or contribution for any religious, political,
charitable or other cause or organization supposed to be
primarily or principally for the public good, from a per-
son who seeks to be or has been nominated or elected
to any office; and no such candidate or elected person
shall make any such paym'ent or contribution if it shall
be demanded or asked during the time he is a candidate
for nomdnation or election (to or an incumbent of any
office. No payment or contribution for any purpose shall
be made a condition precedent to the putting of a name
on any caucus or convention ballot or nomination paper
or petition, or to the performance of any duty imposed
by law on a political committee. No person shall de-
mand, solicit, ask or' invite any candidate to subscribe
to the support of any club or organization, to buy tickets
to any entertainment or ball, or to subscribe for or pay
for space in any book, program, periodical or other pub-
lication ; if any candidate shall make any such payment
or contribution with apparent hope or intent to influence
the. result of the election, he shall be guilty of a corrupt
practice; but this section shall not apply to the soliciting
of any business advertisement for insertion in a periodical
in which such candidate was regularly advertising prior
to his candidacy, nor to ordinary business advertising, nor
to his regular payment to any organization, religious,
charitable or otherwise, of which he may have been a
member, or to which he may have been a contributor
for more than six months before his candidacy, nor to
ordinary contributio'ns at church services.
Sec. 25. No corporation, and no person, trustee, or
trustees owning or holding the majority of the stock of ?o°rpo''raSon"prohib-
a corporation carrying on the business of a bank, savings it®*^-
bank, co-operative bank, trust, trustee, surety, indemnity,
safe deposit, insurance, railroad, street railway, ^telegraph,
telephone, gas, electric light, heit, power, canal, aqueduct.
278 ELECTION LAWS
water, cemetery, or crematory company, or any company
having the right to take or condemn land or to exercise
franchises in public ways granted by the State or by any
cou'nty, city or town, shall pay or contribute in order to
aid, promote or prevent the nomination or election of
any person, or in order to aid or pro'mote the interests,
success or defeat of any political party or organization.
No person shall solicit or receive such payment or com-
tribution from such corporation or such holders of a
majority of such stock.
Treating, making ^^^- ^^- ^"^ person or candidate who shall either by
g^fts, etc., forbid- himself or by any other person, either before or after
an election, or while such person or candidate is seeking
a nomination or election, directly or indirectly, give or
provide, or pay, wholly or in part, the expenses of giving
or providing any meat or drink or other entertainment
or provision, clothing, liquors, cigars or tobacco, to or
for any person for the purpose of or with intent or hope
to influence that person or any other person to give or
refrain fro'm' giving his vote at such election to or for
any candidate or political party ticket, or measure 'before
the people, or on account of such persons or any other
person having voted or refrained from voting for any
candidate or the candidates of any political party or
organization or measure before the people, or being about
to vote or refrain from voting at such election shall be
guilty of treating. Every elector who accepts or takes
any such meat, drink, entertainment, provision, clothing,
liquors, cigars or tobacco shall also be guilty of treating;
and such acceptance shall be ground of challenge to his
vote and of rejecting his vote on a contest.
Challenges pro- ^^^- ^7* Whenever any person's right to vote shall be
c®^^''®- challenged, and he has taken the oath prescribed 'by the
statutes, and if it is at a nominating election, then it
shall be the duty of the clerks of election to write in the
poll books at the end of such person's name the words
''challenged and sworn," with the name of the challenger.
Thereupon the chairman of the board of judges shall
write upon the back of the ballot offered by such chal-
lenged voter the number of his ballot, in order that the
same may 'be identified in any future contest of the re-
STATE OF MONTANA 279
suits of the election, and be cast out if it shall appear
to the court to have been for any reason wrongfully or
illegally voted for any candidate or on any question.
And such marking of the name of such challenged voter,
nor the testimony of any judge or clerk of election in
reference thereto, or in reference to the manner in which
said challenged person voted, if said testimony shall be
given in the course of any contest, investigation or trial
wherein the legality of the vote of such person is ques-
tioned for any reason, shall not be deemed a violation
of Section 8130, Revised Codes of Montana.
Sec. 28. Every person who shall, directly or indirectly, coercion and un-
by himself or any other person in his behalf, make use fghlbie^"^"^^ ^"""
of or threaten to make use of any force, coercion, violence,
restraint, or undue influence, or inflict or threaten to
inflict, by himself or any other peron, any temporal or
spiritual injury, damage, harm, or loss upon or against
any person in order to induce or compel such person
to vote or refrain from voting for any candidate or the
ticket of any political party, or any measure before the
people, or any person who, being a minister, preacher
or priest, or any officer of any church, religious or other
corporation or organization, otherwise than 'by public
speech or print, shall urge, persuade or command any
voter to vote or refrain from voting for or against any
candidate or political party ticket or measure submitted
to the people, for or on account of his religious duty,
or the interest of any corporation, church or other or-
ganization, or who shall by abduction, duress or any
fraudulent contrivance, impede or prevent the free ex-
ercise of the franchise by any voter at any election, or
shall thereby compel, induce or prevail upon any elector
tn give or to refrain from' giving his vote at any election,
shall be guilty, of undue influence, and shall be punished
as for corrupt practice.
Sec. 29. Any candidate who, before or during any
election campaign, makes any bet or wager of anything Betting unlawful,
of pecuniary value, or in any manner 'becomes a party
to any such bet or wager on the result of the election
in his electoral district or in any part thereof, or on any
event or contingency relating to any pending election.
282 ELECTION LAWS
hundred dollars for the first offense, and for the second
and each subsequent offense occurring on the same or
different election days, he shall be punished "by fine as
aforesaid, or by imprisonment in the county jail for not
less than five nor more than thirty days, or by both
such fine and imprisonment.
Sec. 35. It shall be unlawful to write, print, or circu-
Circuiating anony- ^^te through the mails or otherwise any letter, circular,
mous bills prohib- bill, placard or poster relating to any election or to
any candidate at any election, unless the same
shall bear on its face the name and address of the
author, and of the printer and publisher thereof; and
any person writing, printing, pu'blishing, circulating, post-
ing, or causing to be written, printed, circulated, posted
or published any such letter, bill, placard, circular or
poster as aforesaid, which fails to bear on its face the
name and address of the author and of the printer or
publisher shall be guilty of an illegal practice, and shall,
on conviction thereof, be punished by a fine of not less
than ten dollars nor more than one thousand dollars. If
any letter, circular, poster, bill, publication or placard
shall contain any false statement or charges reflecting
on any candidate's character, morality or integrity, the
author thereof and every person printing or knowingly
assisting in the circulation shall 'be guilty of political
criminal libel and upon conviction thereof shall be pun-
ished by imprisonment in the penitentiary for not less
than one nor more than three years. If the person charged
with such crime shall prove on his trial that he had
Pouticai criminal reasonable ground to believe such charge was true and
did believe it was true, and that he was not actuated by
malice in making such publication, it shall be a suffiicient
defense to such charge. But in that event, and as a part
of such defense, the author and the printer or pu'blfsher,
or other person charged with such crime, shall also prove
that, at least . fifteen days before such letter, circular,
poster, bill or placard containing such false statement
or statements was printed or circulated, he or they caused
to be served personally and in person upon the candidate
to whom it relates a copy thereof in writing, and calling
his attention particularly* to the charges contained therein.
STATE OF MONTANA 2
and that, before printing, publishing or circulating such
charges, he received and read any denial, defense or ex-
planation, if any, made or offered to him in writing by
the accused candidate within ten days after the service
of such charge upon the accused person.
Sec. 36. The name of a candidate chosen at a primary
nominating election or otherwise shall not be printed
on the official ballot for the ensuing election unless there statements d t
has been filed by or on behalf of said candidate the state- of candidate,
ments of accounts and expenses relating to nominations
required by this act, as well as a statement by his political
agent and by his political committee or committees in
his behalf, if his statement discloses the existence of
such agent, committee or committees. The officer or
board entrusted by law with the preparation of the official
ballots for any election shall, as far as practicable, warn
candidates of the danger of the omission of their names
by reason of this provision", but delay in making any
such statement beyond the time prescribed shall not pre-
clude its acceptance or prevent the insertion of the name
on the ballot if there is reasonable time therefor after vacancies, how
the receipt of such statements. Any such vacancy on ^"®*^'
the ballot shall be filled by the proper committee of his
political party in the manner authorized by law, but not
by thie use of the name of the candidate who failed to
file such statements. No person shall receive a certificate
of election until he shall have filed the statements re-
quired by this act.
Sec. 37. It shall be unlawful for any person to accept,
receive or pay money or any valuable consideration for
becoming or for refraining from becoming a candidate
for nomination or election, or by himself or in combina- fat °Tor^ venal ^~
tion with any other person or persons to become a can- purposes,
didate for the purpose of defeating the nomination or
election of any other person and not with a bona fide
intent to obtain the office. Upon complaint made to any
District Court, if the Judge shall be convinced that any
person has sought the nomination or seeks to have his
name presented to the voters as a candidate for nomi-
nation by any political party for any mercenary or venal
consideration or motive, and that his candidacy for the
284 . ELECTION LAWS
nomination is not in good faith, the Judge shall forth-
with issue his writ of injunction restraining the officer
or offi'cers whose duty it is to prepare the official ballots
for such nominating election from placing the name -of
such person thereon as a candidate for nomination to
any office. In addition thereto the court shall direct the
County Attorney to institute criminal proceedings against
such person or persons for corrupt criminal proceedings
against such person or persons for corrupt practice, and
upon conviction thereof he and any person or persons
combining with him sha^H be punished by a fine of not
more than one thousand dollars, or imprisonment in the
county jail for not more than one year.
Trivial offenses, ^^^' 3^' Where, upon the trial of any action or pro-
®^®°*- ceeding under the provisions of this act for the contest
of the right of any person declared nominated or elected
to any office, or to annul or set aside such nomination or
election, or to remove a person from his office, it appears
from the evidence that the offense complained of was
not committed by the candidate, or with his knowledge
or consent, or was committed without his sanction or
connivance, and that all reasonable means for preventing
the commission of such ofifense at such election were
taken by and on behalf of the candidate, or that the
offense or offenses complained of were trivial, unimpor-
tant and limited in character, and that in all other re-
spects his participation in the election was free from
such offense or illegal acts, or that any act or omission
of the candidate arose from inadvertence or from acci-
dental miscalculation, or from some other reasonable cause
of a like nature, and in any case did not arise from any
want of good faith, and under the circumstances it seems
to the court to be unjust that the said candidate shall
forfeit his nomination or office or be deprived of any
office of which he is the incumbent, then the nomination
or election of such candidate shall not by reason of such
oifense or omission complained of be void, nor shall the
candidate be removed from or deprived of his office.
Removal from of- g^^^ ^^ j^^ ^p^^ ^^^ ^^j^j ^^ ^^^ ^^^^^^ ^^ proceeding
under the provisions of this act, for the contesting of
the right of any person declared to be nominated to an
STATE OF MONTANA 285
office, or elected to an office, or to annul and set aside
such election, or to remove any person from his office,
it shall appear that such person was guilty of any cor-
rupt practice, illegal act^ or undue influence in or a'bout
such nomination or election, he shall be punished by
being deprived of the nomination or office, as the case
may be, and the vacancy therein shall be filled in the
manner provided by law. The only exception to this
judgment shall be that provided in Section 38 of this
act. Such judgment shall not prevent the candidate or
offifcer from being proceeded against by indictment or
criminal information for any such act or acts.
Sec. 40. Any action to contest the right of any person violation of act,
declared elected to an office, or to annul and set aside commenJig.^ ^^"^
such election, or to remove from or deprive any person n
of an office of which he is the incumbent, for any offense
mentioned in this act, must, unless a different time be
stated, be com^menced within forty days after the return
day of the election at which such offense was committed,
unless the ground of the action or proceeding is for the
illegal payment of money or other valuable thing sub-
sequent to the filing of the statements prescribed by this
act, in which case the action or proceeding may be com-
menced within forty days after the discovery by the com-
plainant of such illegal payment. A contest of the nomi-
nation or office of Governor or Representative or Senator
in Congress must be commenced within twenty days
after the declaration of the result of the election, but
this shall not be construed to apply to any contest before
the Legislative Assembly.
Sec. 41. An application for filing a statement, pay-
^ . ^^ . . ^ ., .- Contest, petition,
ment of a claim or correction of an error or false recital filed where,
in a statement filed or an action or proceeding to annul
and set aside the election of any person declared elected
to an office, or to remove or deprive any person of his
office for an offense mentioned in this act, or any peti-
tion to excuse any person or candidate in accordance
with the power of the court to excuse as provided in
Section 38 of this act, must be made or filed in the Dis-
trict Court of the county in which the certificate of his
286
ELECTION LAWS
Violation of
punishment.
act,
T^uty of county at-
torney.
Decree of court.
Grounds of contest.
nomination as a candidate for the office to which he is
declared nominated or elected is filed, or in which the
incumbent resides.
Sec. 42. A candidate nominated or elected to an office,
and whose nomination or election thereto has been an-
nulled and set aside for any offense mentioned in this
act, shall not, during the period fixed by law as the term
of such offiice be elected, or appointed to fill any office
or vacancy in any office or position of trust, honor or
•emolument under the laws of the State of Montana or
of any municipality therein. Any appointment or elec-
tion to any office or position of trust, honor or emolu-
ment made in violation of or contrary to the provisions
of this act shall be void.
Sec. 43. If any County Attorney shall be notified by
.iny officer or other person of any violation of any of the
provisions of this act within his jurisdiction, it shall be
his duty forthwith to diligently inquire into the facts
of such violation, and if there is reaso'najble ground for
instituting a prosecution it shall be the duty of such
County Attorney to file a complaint or information in
writing, before a court of competent jurisdiction, charg-
ing the accused person with such offense; if any County
Attorney shall fail or refuse to faithfully perform any
duty imposed upon him by this act, he shall be deemed
guilty of a misdemeanor, and upon conviction thereof
shall forfeit his office. It shall be the duty of the County
Attorney, under penalty of forfeiture of his offiice, to
prosecute any and all persons guilty of any violation of
the provisions of this act, the penalty of which is fine
or imprisonment, or both, or removal from office.
Sec. 44. If, in any case of a contest on the ground
of illegal votes, it appears that another person than the
one returned has the highest number of legal votes, after
the illegal votes have been eliminated, the court must
declare such person nominated or elected, as the case
may be.
Sec. 45. Any elector of the State, or of any political
or municipal division thereof, may contest the right of
any person to any nomination or office for which such
STATE OF MONTANA 287
elector has the right to vote, for any of the following
causes •
1. On the ground of deliberate, serious and miaterial
violation of any of the provisions of this act, or of any
other provision of the law relating to nominations or
elections.
2. When the person whose right was contested was
not, at the time of the election, eligible to such office. \
3. On account of illegal votes or an erroneous or
fraudulent count or canvass of votes.
Sec. 46. Nothing in the third ground of contest speci- inegai votes, de-
fied in Section 45 is to ^be so construed as to authorize
a nomination or election to be set aside on account of
illegal votes, unless it appear, either that the candidate
or nominee whose right is contested had knowledge of,
or connived at such illegal votes, or that the number
of illegal votes given to the person whose right to the
nomination or offiice is contested, if taken from him, would
reduce the number of his legal votes below the number
of votes given to some other person for the same nomi-
nation or office, after deducting therefrom the illegal
votes which may be shown to have been given to such
other person.
Sec. 47. When the reception of illegal votes is alleged
as a cause of contest, it shall be sufficient to state gen-
erally that in one or more specified voting precincts lUegai votes, duty
illegal votes were given to the person whose nomination °' contestant,
or election is contested, which, if taken from him, will
reduce the number of his legal votes below the number
of legal votes given to some other person for the same
office; but no testimony shall be received of any illegal
votes unless the party contesting such election deliver '
to the opposite party, at least three days before such
trial, a written list of the number of illegal votes, and
by whom given, which he intends to prove on such trial.
This provision shall not prevent the contestant from
offering evidence of illegal votes not included in such
statement, if he did not know and by reasonable diligence
was unable to learn of such additional illegal votes and by
whom they were given, before delivering such written list.
288
ELECTION LAWS
Contest petition,
bond.
Costs.
Court procedure.
Sec. 48. Any petition contesting the right of any per-
son to a nomination or election shall set forth the name
of every person whose election is contested, and the
grounds of the contest, and shall not thereafter be
amended, except by leave of the court. Before any pro-
ceeding thereon the petitioner shall give bond in the
State in such sum as the court may order, not exceeding
two thousand dollars, with not less than two sureties,
who shall justify in the manner required of sureties on
bail bonds, conditioned to pay all costs, disbursements
and attorney's fees that may be awarded against him if
he shall not prevail. If the petitioner prevails, he may
recover his costs, disbursements and reasonable attorney's
fees against the contestee. But costs, disbursements and
attorney's fees, in all such cases, shall be in the discre-
tion of the court, and in case judgment is rendered against
the petitioner it shall also be rendered against the sure-
ties on the bond. On the filing of any such petition the
clerk shall immediately notify the Judge of the court,
and issue a citation to the persons whose nomination
or office is contested, citing them to appear and answer
ndt less than three nor more than seven days after the
date of filing the petition, and the court shall hear said
cause, and every such contest shall take precedence over
all other business on the court docket and shall be tried
and disposed of with all convenient dispatch. The court
shall always be deemed in session for the trial of such
cases.
Sec. 49, The petitioner (contestant) and the contestee
may appear and produce evidence at the hearing, but no
person other than the petitioner and contestee shall be
made a party to the proceedings on such petition ; and
no person other than said parties and their attorneys
shall be heard thereon, except by order of the court. If
more than one petition is pending, or the election of
more than one person is contested, the court may, in
its discretion, order the cases to be heard together, and
may apportion the costs, disbursements and attorneys'
fees between them, and shall finally determine all ques-
tions of law and fact, save only that the Judge may in
his discretion empanel a jury to decide on questions of
STATE OF MONTANA 289
fact. In the case of a -contested nomination or election
for Senator or Representative in the Legislative Assembly,
or for Senator or Representative in Congress, the court
shall forthwith certify its findings to the Secretary of
State to be by him transmitted to the presiding officer
of the body in question. In the case of other nominations
or elections, the court shall forthwith certify its decision
to the board or official issuing certificates of nomination
or election, which board or official shall thereupon issue
certificates of nomination or election to the person or
persons entitled thereto by such decision. If judgment
of ouster against a defendant shall be rendered, said
judgment shall award the nomination or office to the
person receiving next the highest num'ber of votes, unless
it shall be further determined in the action, upon ap-
propriate pleading and proof by defendant, that some
act has been done or committed which would have been
ground in a similar action against such person, had he
received the highest number of votes for such nomina-
tion or office, for a judgment of ouster against him ; and
if it shall be so determined at the trial, the nomination
or office shall be by th-e judgment declared vacant, and
shall thereupon be filled by a new election, or 'by appoint-
ment, as may be provided by law regarding vacancies
in such nomination or office.
Sec. 50. In like manner as prescribed for the contest-
ing of an election, any corporation organized under the ^'^poratioSf pr^^^
laws of or doing business in the State of Montana may ce^ure.
be brought into court on the ground of deliberate, serious
and material violation of the provisions of this act. The
petition shall be filed in the District Court in the county
where said corporation has its principal office, or where
the violation of law is averred to have 'been committed.
The court, upon conviction of such corporation, may
impose a fine of not more than ten thousand dollars, or
may declare a forfeiture of the charter and franchises
of the corporation if organized under the laws of this
State, or if it be a foreign corporation may enjoin said
corporation from further transacting business in this
State, or by both such fine and forfeiture, or by both
such fine and injunction.
290 ELECTION LAWS
Penalties. ggc. 5 1. Whoever violates any provision of this act,
the punishment for which is not specifically provided
by law, shall on conviction thereof be punished by im-
prisonment in the county jail for not more than one year,
or hy a fine of not more than five thousand dollars, or
by both such fine and imprisonment.
Sec. 52. Proceedings under this act shall be advanced
Court proceedings On the docket upon request of either party for speedy
to have precedence. 'iit • .
trial, but the court may postpone or continue such trial
if the ends of justice may be thereby more effectually
secured, and in case of such continuance or postponement,
the court may impose costs in its discretion as a con-
dition thereof. No petition shall be dismissed without
the consent of the County Attorney unless the same shall
be dismissed by the court. No person shall be excused
from testifying or producing papers or documents on
the ground that his testimony or the production of papers
or documents will tend to criminate him ; 'but no admis-
sion, evidence or paper made or advanced or produced
by such person shall be offered or used against him in
any civil or criminal prosecution, or any evidence that
is the direct result of such evidence or information that
he may have so given except in a prosecution for perjury
committed in such testimony.
Sec. 53. A petition or complaint filed under the pro-
visions of this act shall be suffijcient if it is substantially
in the following form:
, , ^ ^ In the District Court of the Judicial District,
Complaint, form of. r ^ ir
for the County of , State of Monana.
A. B. (or A. B. and C. D.), Contestants, vs. E. F.,
Contestee.
The petition of contestant (or contestants) above named
alleges :
That an election was held (in the State, District, County
or City of ), on the .... day of ,
A. D. 19.., for the (nomination of a candidate for) (or
election of a) (state the office).
That and were candidates at
said election, and the board of canvassers has returned
the said as being duly nominated (or elected)
at said election.
STATE OF MONTANA 291
That contestant A. B. voted (or had a right to vote,
as the case may be) at said election (or claims to have
had a right to be returned as the nominee or officer
elected or nominated at said election, or was a candidate
at said election, as the case may be), and said contestant
C. D. (here state in like manner the right of each con-
testant).
And said contestant (or contestants) further allege
(here state the facts and grounds on which the con-
testants rely).
Wherefore, your contestants pray that it may be de-
termined by the court that said was not duly
nominated (or elected) and that said election was void
(or that the said A. B. or C. D., as the case may be)
was duly nominated (or elected) and for such other
and further relief as to the court may seem just and
legal in the premises.
Said -complaint shall be verified by the affidavit of one
of the petitioners in the manner required by law for the
verification of comiplaints in civil cases.
Sec. 54. The statement of expenses required from can-
didates and others by this act shall 'be in substantially
the following form :
State of Montana, / statement of ex-
V ss. penses, form of.
County of )
I, , having been a candidate (or expended
money) at the election for the (State), (District),
(County), (City) of on the day of
, A. D. 19.., 'being first duly sworn, on oath
do say : That I have carefully examined and read the
return of my election expenses and receipts hereto at-
tached, and to the best of my knowledge and belief that
return is full, correct and true.
And I further state on oath that, except as appears
from this return, I have not, and to the best of my knowl-
edge and belief no person, nor any club, society or as-
sociation, has on my behalf, whether authorized by me
or not, made any payment, or given, promised, or offered
any reward, office, employment or position, public or
292 ELECTION LAWS
private, or valuable consideration, or incurred any liability
on account of or in resipect of the conduct or management
of the said nomination or election.
And I further state on oath that, except as specified
in this return, I have not paid any money, security or
equivalent for money, nor has any money or equivalent
for money to my knowledge or belief been paid, advanced,
given or deposited by anyone to or in the hands of my-
self or any other person for my nomination or election
or for the purpose of paying any expenses incurred on
my behalf on account or in respect of the conduct or
management of the said election.
And I further state on oath that I will not, except
so far as I may be permitted by law, at any future time
make or be a party to the making or giving of any pay-
ment, reward, office, position or employment, or valuable
consideration for the purpose of defraying any such ex-
penses or obligations as herein mentioned for or on account
of my nomination or election, or provide or be a party
to the providing of any money, security or equivalent
for money for the purpose of defraying any such expense.
(Signature of Affiant)
Subscribed and sworn to before me by the above named
on the day of , A. D., 19. ..
Attached to said affidavit shall be a full and complete
account of the receipts, contributions and expenses of
said affiant, and of his supporters of which he has knowl-
edge, with numbered vouchers for all sums and payments
for which vouchers are required as to all money expended
by affiant. The affidavit and account of the treasurer of
any committee or any political party or organization shall
be as nearly as may be in the same form, and so also
shall be the affidavit of any person who has received or
expended money in excess of the sum of fifty dollars
to aid in securing the nomination or election or defeat
of any candidate, or of any political party or organiza-
tion, or of any measure before the people.
STATE OF MONTANA 293
Sec. 55. Any person who shall knowingly 'make any Perjury,
false oath or affidavit where an oath or affidavit is re-
quired by this law shall be deemed guilty of perjury and
punished accordingly.
(Initiated and passed by the people at the general elec-
tion of November, 1912.)
STATE OF MONTANA 296
CRIMES AGAINST ELECTIVE FRANCHISE.
(Sections refer to Revised Codes of 1907; Sections in
brackets refer to Codes of 1895.)
Section 8124. Violation of Election Laws by Certain Officers
a Felony.
8125. Fraudulent Registration a Felony.
8126. Fraudulent Voting.
8127. Attempting to Vote Without Being Qualified.
8128. Procuring Illegal Voting.
8129. Changing Ballots or Altering Returns by Election
Officers.
8130. Judges Unfolding or Marking Tickets.
8131. Forging or Altering Returns.
8132. Adding to or Subtracting From Votes Given.
8133. Persons Aiding and Abetting.
8134. Intimidating, Corrupting, Deceiving or Defrauding
Electors.
8135. Offense Under the Election Laws.
8136. Officers of Election Not to Electioneer, Etc.
8137. Offenses at an Election.
8138. Furnishing Money for Electors.
8139. Unlawful Offer to Appoint to Office.
8140. Communication of Same.
8141. Bribing Members of Legislative Caucuses, Etc.
8142. Preventing Public Meetings of Electors.
8143. Disturbance of Public Meetings of Electors.
8144. Betting on Elections.
8145. Violation of Election Laws.
8146. Not to Sell Liquor on Election Day.
8147. Expenses of Candidate.
8148. Unlawful to Promise Appointments.
8149. What Money May Be Paid to Political Committees.
8150. Lawful Expenses of Candidate.
8151. Limitations of Contributions to Political Com-
mittees.
8152. Political Committees Defined.
8153. Statement of Expenses, by Candidate.
8154. Statement of Disbursements by Treasurer.
8155. Statement of Other Persons.
8156. Indirect Payments Not Allowed.
8157. Solicitation of Money Prohibited.
8158. Statement of Treasurer Filed With County Clerk.
8159. Power of Supreme and District Courts.
8160. Exemption of Witness From Prosecution.
8161. Clerk May Require Correct Statement.
8162. Statement Must Be Under Oath.
8163. Statement Open to Public Inspection.
296
ELECTION LAWS
Official misconduct.
Fraudulent regis-
tration, cancella-
tion.
A felony.
8164. Secretary of State to Provide Blanks.
8165. Clerk to Receipt for Statement.
8166. Vouchers for Expenses.
8167. Scope of Aot.
8168. Penalties.
8169. Bribery.
8170. Bets and Wagers.
8171. Treating on Election Day.
8172. Undue Influence.
8173. Unlawful Acts of Employes.
8174. Fines Paid Into School Funds.
8175. Violation of Act Voids Election.
Sec. 8124. (Sec. 60.) Violation of Election Laws by
Certain Officers a Felony. — Every person charged with
the performance of any duty, under the provisions of
any law of this State relating to elections, or the regis-
tration of the names of electors, or the canvassing of
the returns of election, who wilfully neglects or refuses
to perform such duty, or who in his official capacity
knowingly and fraudulently acts in contravention or viola-
tion of any of the provisions of such laws, is, unless a
different punishment for such acts or omissions is pre-
scribed by this code, punishable by fine not exceeding
one thousand dollars, or by imprisonment in the State
prison not exceeding five years, or both.
Sec. 8125. (Sec. 61.) Fraudulent Registration a
Felony. — Every person who wilfully causes, procures or
allows himself to be registered in the official register
of any election district of any county, knowing himself
not to be entitled to such registration, is' punishable by
a fine not exceeding one thousand dollars, or by imprison-
ment in the county jail or State prison not exceeding
one year, or both. In all cases where, on the trial of the
person charged with any offense under the provisions
of this section, it appears in evidence that the accused
stands registered in such register of any county, without
being qualified for such registration, the court must order
such registration to be cancelled.
Sec. 8126. (Sec. 62.) Fraudulent Voting. — Every per-
son not entitled to vote, who fraudulently votes, and
every person who votes more than once at any one elec-
tion, or changes any ballot after the same has 'been de-
STATE OF MONTANA 297
posited in the ballot box, or adds, or attempts to add,
any ballot to those legally polled at any election, either
by fraudulently introducing the same into the ballot box
before or after the ballots therein have been counted ;
or adds to, or mixes with, or attempts to add to or mix
with, the ballots lawfully polled, other ballots, while the
same are being counted or canvassed, or at any other
time, with intent to change the result of such election;
or carries away or destroys, or attempts to carry away
or destroy, any poll lists, check lists, or ballots, or ballot
box, for the purpose of breaking up or invalidating such
election, or wilfully detains, mutilates or destroys any
election returns, or in any manner so interferes with the
officers holding such election or conducting such canvass,
or with the voters lawfully exercising their rights or
voting at such election, as to prevent such election or
canvass from being fairly held and lawfully conducted,
is guilty of a felony.
Sec. 8127. (Sec. 63.) Attempting to Vote Without
Being Qualified. — Every person not entitled to vote, who Misdemeanor,
fraudulently attempts to vote or register, or who, being
entitled to vote, attempts to register or vote more than
once at any election, is guilty of a misdemeanor.
Sec. 8128. (Sec. 64.) Procuring: Illegal Voting. — Every
^ ., . , , . Misdemeanor.
person who procures, aids, assists, counsels, or advises
another to register or give or offer his vote at any elec-
tion, knowing that the person is not entitled to vote or
register, is guilty of a misdemeanor.
Sec. 8129. (Sec. 65.) Changing Ballots or Altering Felony.
Returns by Election Officers. — Every officer or clerk of
election who aids in changing or destroying any poll list
or check list, or in placing any ballots in the ballot box,
or taking any therefrom, or adds, or attempts to add, any
ballots to those legally polled at such election, either
by fraudulently introducing the same into the ballot box
.before or after the ballots therein have been counted, or .
adds to or mixes with, or attempts to add to or mix
with the ballots polled any other ballots, while the same
are being counted or canvassed, or at any other time,
with intent to change the result of such election, or allows
another to do so, when in his power to prevent it, or
ELECTION LAWS
Misdemeanor.
Felony.
Felony.
Felony.
Misdemeanor.
carries away or destroys, or knowingly allows another
to carry away or destroy any poll list, check list, -ballot
box, or ballots lawfully polled, is guilty of a felony.
Sec. 8130. (Sec. 6S.) Judges Unfolding or Marking
Tickets. — Every judge or clerk of an election who, previ-
ous to putting the ballot of an elector in the ballot box,
attempts to find out any name on such ballot, or who
opens or suffers the folded ballot of any elector which
has been handed in, to be opened or examined previous
to putting the same into the ballot box, or who makes or
places any mark or device on any folded ballot, with
the view to ascertain the name of any person for whom
the elector has voted, is punishable by imprisonment in
the county jail for a period of six months or in the State
prison not exceeding two years, or by fine not exceeding
five hundred dollars, or by both.
Sec. 813 1. (Sec. 6y.) Forging or Altering Returns. —
Every person who forges or counterfeits returns of an
election purporting to have been held at a precinct, town
or ward where no election was in fact held, or wilfully
substitutes forged or counterfeit returns of election in the
place of the true returns, for a precinct, town or ward
where an election was actually held, is punishable by
imprisonment in the State prison for a term not less than
two nor more than ten years.
Sec. 8132. (Sec. 68.) Adding to or Subtracting From
Votes Given. — Every person who wilfully adds to or sub-
tracts from the votes actually cast at an election, in any
returns, or who alters such returns, is punishable by im-
prisonment in the State prison for not less than one nor
more than five years.
Sec. 8133. (Sec. 69.) Persons Aiding and Abetting. —
Every person who aids or abets in the commission of
any of the offenses mentioned in the foui preceding
sections is punishable by imprisonment in the county
jail for a period of six months or in the State prison
not exceeding two years.
Sec. 8134. (Sec. 70.) Intimidating, Corrupting, De-
ceiving or Defrauding Electors. — Every person who by
force, threats, menaces, bribery, or any corrupt means.
STATE OF MONTANA 299
either directly or indirectly, attempts to influence any
elector in giving his vote, or to deter him from giving
the same, or attempts by any means whatever to awe,
restrain, hinder, or disturb any elector in the free ex-
ercise of the right of suffrage, or defrauds any elector
at any such election, by deceiving and causing such elector
to vote for a different person for any office than he in-
tended or desired to vote for; or who, being judge or
clerk of any election, while acting as such, induces or
attempts to induce any elector, either by menaces or
reward, or promise thereof, to vote differently from what
such elector intended or desired to vote, is guilty of a
misdemeanor, and is punishable by a fine not exceeding
one thousand dollars or imprisonment not to exceed one
year, or both.
Sec. 8135. (Sec. 71.) Offenses Under the Election suppression or de-
Laws. — Every person who falsely makes, or fraudulently ffflcates? a^^feionyT
defaces or destroys the certificates of nomination of can-
didates for office to be filled by the electors at any elec-
tion, or any part thereof, or files or receives for filing
any certificate of nomination, knowing the same, or any
part thereof, to be falsely made, or suppresses any cer-
tificate of nomination, which has been duly filed, or any
part thereof, or forges or falsely makes the official en-
dorsement on any ballot, is guilty of a felony and upon
conviction thereof is punishable by imprisonment in the
State prison not less than one nor more than five years.
Sec. 8136. (Sec. y2^ Officers of Election Not to . .
Electioneer, Etc. — Every offilcer or clerk of election who
deposits in a ballot box a ballot on which the official
stamp, as provided by law, does not appear, or does
any electioneering on election day, is guilty of a mis-
demeanor and upon conviction is punishable by imprison-
ment not to exceed six months, or by a fine not less
than fifty nor more than five hundred dollars, or both.
Sec. 8137. (Sec. 73.) Offenses at an Election. — Every
person who, during an election, removes or destroys any piaces.^mfsdemean?
of the supplies or other conveniences, placed in the booths °^-
or compartments for the purpose of enabling a voter to
prepare his ballot, or prior to or on the day of election
wilfully defaces or destroys any list of candidates posted
300 ELECTION LAWiS
in accordance with the provisions of law, or during an
election tears down or defaces the cards printed for the
instruction of voters, or does any electioneering on elec-
tion day within any polling place or any building in which
an election is being held, or within twenty-five feet thereof,
or obstructs the doors or entries thereof, or removes
any ballot from the polling place before the closing of
the polls, or shows his ballot to any person after it is
marked so as to reveal the contents thereof, or solicits an
elector to show his ballot after it is marked, or places a
mark on his ballot by which it may afterward be identi-
fied, or receives a ballot from any other person than one
of the judges of the election having charge of the 'ballots,
or votes or offers to vote any ballot except such as he
has received from the judges of election having charge
I ■ of the ballots, or does not return the ballot before leaving
the polling place, delivered to him by such judges and
I which he has not voted, is guilty of a misdemeanor and
is punishable by a fine not exceeding one hundred dollars.
Misdemeanor. Sec. 8138. (Sec. 74.) Furnishing Money for Electors. —
Every person who, with the intention to promote the
election of himself or any other person, either:
1. Furnishes entertainments, at his expense, to any
meeting of electors previous to or during an election;
2. Pays for, procures, or engages to pay for any such
entertainment ;
3. Furnishes or engages to pay any money or property
for the purpose of procuring the attendance of voters
at the polls, or for the purpose of compensating any
person for procuring the attendance of voters at the polls,
except for the conveyance of voters who are sick or
infirm ;
4. Furnishes or engages to pay or deliver any money
or property for any purpose intended to promote the
election of any candidate, except for the expense of hold-
' ing and conducting public meetings for the discussion
of public questions, and of printing and circulating ballots,
hand bills, and other papers, previous to such election;
is guilty of a misdemeanor.
STATE OF MONTANA 301
Sec. 8139. (Sec. 75.) Unlawful Offer to Appoint to Misdemeanor.
Office. — Every person who, being a candidate at any
electon, offers or agrees to appoint or procure the ap-
pointment of any particular person to office, as an i^-
ducement or consideration to any person to vote for, or
to procure or aid in procuring the election of such can-
didate, is guilty of a misdemeanor.
Sec. 8140. (Sec. 'jd,) Communication of Same. — Every
person, not being a candidate, who communicates any Misdemeanor,
offer, made in violation of the last section, to any person
with intent to induce him to vote for, or to procure or
to aid in procuring the election of the candidate making
the offer, is guilty of a misdemeanor.
Sec. 8141. (Sec. 'jy?^ Bribing Members of Legislative
Caucuses, Etc. — Every person who gives or offers a bribe
to any officer or member of any legislative caucus, politi-
cal convention, or political gathering of any kind, held Felony,
for the purpose of nominating candidates for offices of
honor, trust, or profit in this State, with intent to in-
fluence the person to whom such bribe is given or offered
to be more favorable to one candidate than another, and
every person, member of either of the bodies in this
section mentioned, who receives or offers to receive any
such bribe, is punishable by imprisonment in the State
prison not less than one nor more than fourteen years.
Sec. 8142. (Sec. 78.) Preventing Public Meetings of Misdemeanor.
Electors. — Every person who, by threats, intimidations,
or violence, wilfully hinders or prevents electors from
assembling in public meeting for the consideration of
public questions, is guilty of a misdemeanor.
Sec. 8143. (Sec. 79.) Disturbance of Public Meetings Misdemeanor,
of Electors. — Every person who wilfully disturbs or breaks
up any public meeting of electors or others, lawfully being
held for the purpose of considering public questions, any
public school or public school 'meeting is guilty of a mis-
demeanor.
Sec. 8144. (Sec. 80.) Betting on Elections.— Every Misdemeanor,
person who makes, offers or accepts any bet or wager
upon the result of any election, or upon the success or
failure of any person or candidate, or upon the number
Misdemeanor,
302 ELECTION LAWS
of votes to be cast, either in the aggregate or for any-
particular candidate, or upon the vote to be cast by any
person, is guilty of a misdemeanor.
Sec. 8145. (Sec. 81.) Violation of Election Laws. —
Every person wrho wilfully violates any of the provisions
of the laws of this State relating to elections is, unless
a different punishment for such violation is prescribed
by this code, punishable by fine not exceeding one thou-
sand dollars, or by imprisonment in the State prison
not exceeding five years, or both.
Sec. 8146. (Sec. 82.) Not to Sell Liquor on Election
Day. — Every person who sells, gives away or furnishes
spirituous or malt liquors, cider, wine, or any other in-
toxicating beverages on any part of any day set apart
for any general or special or municipal election during
the hours when by law the polls are required to be kept
open, is guilty of a misdemeanor, and punishable 'by im-
prisonment not exceeding six months, or by a fine not
less than fifty nor more than five hundred dollars, or both.
Sec. 8147. (Sec. 83.) Payment of Expenses of Candi-
date by Another. — No person shall, in order to aid or
fions.""" " promote his own nomination as a candidate for public
office, by a caucus, convention, or nomination paper, di- ^
rectly or indirectly, by himself, or through another per-
son, or by a political committee, give, pay, expend or
contribute, or promise to give, pay, expend or contribute,
any money or other valuable thing, except for personal
expenses as hereinafter provided.
Sec. 8148. (Sec. 84.) Unlawful to Promise Appoint-
ments.— No person shall, in order to aid or promote his
own nomination or election to a public offilce, directly or
Prmn^sing appoint- indirectly, by himself or through another person, promise
to appoint, or promise to secure or assist to secure the
appointment, nomination or election of another person
to a public position or to a position of honor, trust or
emolument, if he shall himself be elected to the public
office for which he is a candidate, except that he may
announce or define his own choice or purpose in relation
to an election in which he may be called to take part.
Unlawful contribu-
STATE OF MONTANA 303
Sec. 8149. (Sec. 85.) What Money May Be Paid to
Political Committees. — Nb person shall, in order to aid or
promote his own election to a public office, directly or
indirectly, by himself or through another person, give,
pay, expend or contribute any money or other valuable
thing, except as hereinafter provided, for personal expense
and to a political committee.
Sec. 8150. (Sec. 86.) Lawful Expenses of Candidate. —
A candidate for nomination or election to a public office,
and any other person, may incur and pay, in connection ^^j^ ^^ campaign
with such nomination or election, his own personal ex- expenses,
penses for traveling and purpMDses properly incidental to
traveling; for writing, printing and preparing for trans-
mission, any letter, circular or other publication, which
is not issued at regular intervals, whereby he may make
known his own position or views upon public or other
questions; for stationery and postage, for telegraph, tele-
phone and other public messenger service, and for other
petty personal expenses; but all such expenses shall be
Hmited to those which are directly incurred and paid by
him, and by him alone; and every person shall be re-
quired to include such personal expenses in any state-
ment which may be required of him under this act. And
in no other case whatever shall the total sum paid, or
agreed to be paid, by any candidate for his own personal
expenses, as authorized by this act, exceed the sum of
one thousand dollars by any candidate for United States
Senator, for Congress or for any State office ; nor shall
such personal expenses exceed the sum of one hundred
dollars by any candidate for a county or other office.
Sec. Sim. (Sec. 87.) Limitations of Contributions to
Political Committees. — A person who is nominated as a
candidate for public office by a caucus, convention or
nomination paper, and any person who shall, with his
own assent, be voted for public office, may make a volun-
tary payment of money, or a voluntary or unconditional fci?it?onT^ °^ ^^^~
promise of payment of money, to a political committee
as hereinafter defined, for the promotion of the principles
of the party which the committee represents and for the
general purposes of the committee. But in no case, by
direct or indirect voluntary contribution, shall such total
304 ELECTION LAWS
aggregate voluntary payments exceed the sum of one
thousand dollars 'by any candidate for the United States
Senate, for Congress or for State offiices; nor shall such
total aggregate voluntary payments exceed the sum of
fifty dollars by any candidate for member of the State
Legislature, or one hundred dollars for any county or
other office within the State, nor the sum of one hundred
dollars by any candidate for any other offi'ce. Provided,
that nothing in this act contained shall be construed to
authorize or permit any candidate to make such payment
to more than one committee, or person, acting otherwise
than under the authority or in behalf of a political com-
mittee, in any county.
Sec. 8152. (Sec. 88.) Political Committee Defined. —
Duty of treasurer ^^^ term "political Committee," under the provisions of
of committee. ^j^jg ^^^^ shall apply to every committee or combination
of persons who shall aid or promote the success or defeat
of any political party or principle in a public election,
or shall aid or take part in the nomination, election or
defeat of a candidate for public office. Every such com-
mittee shall have a treasurer, who is a legal voter of the
State, and shall cause to be kept by him detailed accounts
of all money and the equivalent of money, which shall
be received by or promised to the committee, or any
person acting under its authority or in its behalf, and
of all such expenditures, disbursements or promises of
payment or disbursement, which shall be made by the
committee or any person acting under its authority or
in its behalf; and no person, acting under the authority
or in the behalf of such committee, shall receive any
money or equivalent of money, or expend or disburse the
same, until the committee has chosen a treasurer to keep
its accounts as herein provided.
Sec. 8153. (Sec. 89.) Statement of Expenses by Can-
didate.— A person who, acting under the authority or in
urer^^^of * cljmmlt- behalf of a political committee, shall receive any money
^^' or equivalent of money, or promise of the same, or shall
•expend any money, or its equivalent, or shall incur any
liability to pay money or its equivalent, shall at any
time thereafter, on demand of the treasurer of such com-
mittee, and in any event within fourteen days after such
STATE OF MONTANA 305
receipt, expenditure, promise or liability, give to such
treasurer a detailed account of the same, with all vouchers
required by this act; and such account shall constitute
a part of the accounts and records of such treasurer.
Sec. 8it;4. (Sec. go.) Statement of Disbursements by ^ ^ ^ , . ^
o^ \ y ^ J Contents of state-
Treasurer. — The treasurer of every political committee ment
which shall receive or expend or disburse any money,
or equivalent of money, or incur any liability to pay
money, in connection with any election, if the aggregate
of such receipts or of such expenditures, disbursements
and liabilities shall exceed ten dollars, shall, within thirty
days after such election, file a statement setting forth
all the receipts, expenditures, disbursements and lia:bili-
ties of the committee, and of every officer and other
person acting under its authority or in its behalf. Such
statement shall include the amount in each case received,
the name of the person or committee from whom it was
received, and the date of its receipt, and shall also in-
clude the amount of every expenditure or disbursement,
the name of the person or committee to whom the ex-
penditure or disbursement was made, and the date of
every such expenditure or disbursement, and shall clearly
state the purposes for which it was expended or dis-
bursed. The statement shall also give the date and
amount of every existing unfulfilled promise or liability,
both to and from such committee, remaining uncanceled
and in force at the time the statement is made, with the
name of the person or committee to or from whom the
unfulfilled promise or liability exists, and clearly state
the purpose for which the promise or liability was made
or incurred.
Sec. 8155. (Sec. 91.) Statement by Other Persons. —
Every person, who, acting otherwise than under the au-
thority or in behalf of a political committee, having a
treasurer as hereinbefore provided, receives money or SSSf^ °^ ^^^*^
the equivalent of money, or expends or disburses, or
promises to expend or disburse money or its equivalent,
to an amount exceeding ten dollars, for the purpose of
aiding or promoting the success or defeat of a political
party candidate or principle in a public election, or of
aiding or taking ;part in the nomination, election or de-
306 ELECTION LAWS
feat of a candidate for public office, shall file such state-
ment as is herein required to be filed by a treasurer of
a political committee in the county in which he is a
legal voter, and shall be sulbject to all the requirements
of this act, the same as a political committee and the
treasurer thereof; but no person other than a legal voter
of the State shall receive, expend or disburse any money
or equivalent of money, or promise to expend or disburse
the same, for either of the purposes above named, except
for personal expenses as herein provided, or under the
authority or in behalf of a political committee.
Sec. 8156. (Sec. 92.) Indirect Payments Not Allowed. —
No person shall, directly or indirectly, by himself or
through another person, make a payment or promise of
Contributions to be payment to a political committee, or to an officer or
in name of giver. q^\^q^ person acting under its authority or in its behalf,
in any other than his own name; nor shall such com-
mittee officer or other person, knowingly receive a pay-
ment or promise of payment, or enter or cause the same
to be entered in the accounts or records of such com-
mittee, in any other name than that of the person by
whom such payment or promise of payment is rnade.
Sec. 8157. (Sec. 93.) Solicitatidn of Money Pro-
hibited.— No political committee, and no person acting
under the authority or in behalf of a political committee,
shall demand, solicit, ask or invite a payment of money
or promise of payment of money to be used in an elec-
tion, from a person who has been nominated by a
caucus, convention or nominating paper, as a candidate
for public office in such election; and no person so nomi-
nated shall make any such payment in an election in
which he is a candidate for public office, to a political
committee, or to any person acting under the authority
or in behalf of a political committee, if such committee
or any such person has demanded, solicited, asked or
invited from him any such payment or promise of pay-
ment.
Sec. 81 q8. (Sec. 94.) Statement of Treasurer Filed
be filed? ''°""*^ *° With County Clerk.— The statement required ^by this act
to be filed by the treasurer of a political committee shall
STATE OF MONTANA 307
be filed with thfe Clerk of the county in which the treas-
urer is a legal voter, except that, in case a political com-
mittee has its headquarters in some other town or city
than that in which the treasurer is a legal voter, the
treasurer shall file the statement required of him with
the Clerk of the county in which such headquarters are
maintained at the time of the election to which such
statement relates. A statement relating to any other
than a municipal election shall be filed in duplicate, and
one copy shall be forthwith forwarded by the County
Clerk receiving the same to the Secretary of State, by
whom it shall be placed on file.
Sec. 8159. (Sec. 95.) Power of Supreme and District
Courts. — The Supreme Court and the District Court shall
have full equity powers to compel any person who fails complaints to be
to file a statement as required by this act, or who files
a statement which does not conform to the provisions
of this act in res-pect to suffiiciency in detail, conformity
to the truth or otherwise, to comply with the provisions
of this act by filing such a statement as is required, and
shall compel such compliance upon the petition of any
candidate voted for or of any five persons qualified to vote
at the election on account of which the expenditures,
or a part thereof, were or are alleged to have been made. 1
No such petition shall be brought later than sixty days
after such election, against anyone who has filed his
account within the thirty days required, excepting that
a petition may be brought within thirty days of any pay-
ment which was not stated in the statement so filed. Pro-
ceedings under this section shall be advanced upon the
dockets of said courts, if requested by either party, so
that they may be tried and decided with as little delay
as possi'ble. No petition brought under this act shall '
be withdrawn or discontinued without the consent of the
Attorney General.
Sec. 8160. (Sec. 96.) Exemption of Witness From
Prosecution. — No person called to testify in any proceed-
ings under the preceding section shall 'be liable to criminal
prosecution under this act or otherwise, for any matters
or causes in respect of which he shall be examined or to
Perjury excepted.
308 ELECTION LAWS
which his testimony shall relate, exicept to piosecution
for perjury committed in such testimony.
Sec. 8161. (Sec. 97.) Clerk May Require Correct
Duty of clerk. Statement. — If any statements which are filed under this
act shall apparently fail to be in conformity with the
requirements thereof, it shall be the duty of the Clerk
with whom any such statement is filed forthwith to notify
the person making the same of such failure, and to re-
quest him to amend and correct the same.
Sec. 8162. (Sec. 98.) Statement Must Be Under Oath.—
Every person making a statement required by this act
shall make oath that the same is in all respects correct
and true to the best of his knowledge and belief.
Sec. 8163. (Sec. 99.) Statement Open to Public In-
spection.— All statements which are filed in accordance
with the provisions of this act shall "be preserved for
not less than fifteen months from the time of the election
to which they relate, and shall, during that period, be
open to public inspection.
Sec. 8164. (Sec. 100.) Secretary of State to Provide
Blanks. — The Secretary of State shall, at the expense of
the State, proivide every County Clerk with the blank
forms suitable for such statements and receipts for state-
ments as are required under this act. Said blank forms
shall be approved by the Secretary, Treasurer and Auditor
of the State, or by a majority of them.
Sec. 8165. (Sec. loi.) Clerk to Receipt for Statement. —
The Clerk of every county shall give a receipt for any
statement which may be filed with him in accordance
with the provisions of this act, at the request of the
persons filing the same.
Sec. 8166. (Sec. 102.) Vouchers for Expenses. — Every
Vouchers to be payment in respect of any expense incurred, which is to
preserved. ^^ accounted for under this aot, shall be vouched for by
a receipted bill stating the particulars of expenses, and
every voucher, receipt or account required Dy this act
shall be preserved for at least six months from the elec-
tion to which it relates.
Fine and imprison-
STATE OF MONTANA 309
Sec. 8167. (Sec. 103.) Scope of Act.— This act shall Exceptions.
apply to all public elections, whether for officers or upon
questions to be submitted to the people, except elections
of township offilcers, and shall apply to caucuses and
conventions for the nomination of candidates to be voted
for at such elections, and to nomination papers for the
nomination of candidates to be voted for at such elec-
tions; except that Sections 8147 (83), 8149 (85) and
8156 (92) of this act shall not apply to the proprietors
and publishers of publications issued at regnlar intervals
in respect to the ordinary and regular conduct of busi-
ness as such proprietors and publishers.
Sec. 8168. (Sec. 104.) Penalties. — Whoever shall vio-
late any of the provisions of Sections 8147 (83), 8148 (84),
8149 (85), 8152 (88), 8153 (89), 8157 (93), 8158 (94),
8162 (98), 8163 (99) and 8166 (102) of this act shall menV
be punished by a fine not exceeding one thousand dol-
lars, and by imprisonment in the county jail for not
more than three months. Whoever shall violate any of
the provisions of Sections 8154 (90), 8155 (91) and 8156
(92) of this act shall be punished by a fine not exceeding
one thousand dollars and by imprisonment in the county
jail for not more than three months.
Sec. 8169. (Sec. 105.) Bribery. — The following per-
sons shall be deemed guilty of bribery, and shall be
punished by a fine not exceeding one thousand dollars
and imprisonment in the penitentiary not exceeding one
year:
1. Every person who, directly or indirectly, by himself
or 'by any other person on his behalf, gives, lends, or
agrees to give or lend, or offers or promises any money
or valuable consideration, or promise to procure or en-
deavors to procure, any money or valuable consideration,
to or for any election, or to or for any person on behalf
of any elector, or to or for any person, in order to induce
any elector to vote or refrain from voting, or corruptly
does any such act as aforesaid, from voting at any election.
2. Every person -who, directly or indirectly, by him-
self or by any other person on his behalf, gives or pro-
cures, or agrees to give or procure, or offers or promises.
Definitions.
310 ELECTION LAWS
any office, place or employiment, to or for any elector,
oi to or for any other person, in order to induce such
elector to vote or refrain from voting, or corruptly does
any such act as aforesaid, on account of any elector hav-
ing voted or refrained from voting at any election.
3. Every person w^ho, directly or indirectly, by him-
self or by any other person on his behalf, makes any
gift, loan, offer, promise, procurement or agreement as
atoresaid, to or for any person in order to induce such
person to procure or endeavor to procure the return of
any person to serve in the Legislative Assembly or the
vote of any elector at any election.
4. Every person who, upon or in consequence of any
such gift, loan, offer, promise, procurement or agreement,
procures or promises, or endeavors to procure, the elec-
tion of any candidate to the Legislative Assembly, or
the vote of any elector at any election.
5. Every person who advances or pays, or causes to
be paid, any money to, or to the use of any other per-
son, with the intent that such money, or any part thereof,
shall be expended in bribery, or in corrupt practices, at
any election, or who knowingly pays, or causes to be
paid, any money to any person in discharge of repayment
of any money wholly or in part expended in bribery or
corrupt practices at any election.
6. Every elector who, before or during any election,
directly or indirectly, by himself or any other person on
his behalf, receives, agrees or contracts for any money,
gift, loan, valuable consideration, ofifijce, place or em-
ployment, for himself or any other person, for voting
or agreeing to vote, or for refusing or agreeing to refrain
from voting at any election.
7^ Every person who, after any election, directly or
indirectly, by himself or by any other person in his be-
half, receives any money, gift, loan, valuable considera-
tion, office, place of employment, for having voted or
refrained from; voting, or having induced any other per-
son to vote or refrain from voting, at any election.
STATE OF MONTANA 311
8. Every perspn, whether an elector or otherwise, who,
before or during any election, directly or indirectly, by
himself or by any other person in his behalf, makes
approaches to any candidate or agent or any person rep-
resenting or acting on 'behalf of any candidate at such
election, and asks for, or offers to agree or contract for,
any money, gift, loan, valuable consideration, office, place
or employment for himself or any other person, for vot-
ing or agreeing to vote, or for refraining or agreeing to
refrain from voting at such election.
9. Every person, whether an elector or otherwise,
who, after an election, directly or indirectly, by himself
or by any other person on his behalf, makes approaches
to any candidate, or any agent or person representing
or acting on behalf of any candidate, and asks for or
offers to receive any money, gift, loan, valuable con-
sideration, office, place or employment, for himself or
any other person, for having voted or refrained from
voting, or having induced any other person to vote or
refrain from, voting at such election.
10. Every person who, in order to induce a person
to allow himself to be nominated as a candidate, or to
refrain from becoming a candidate, or to withdraw if
he has so become, gives or lends any money or valuable
consideration whatever, or agrees to give or lend, or
offers or promises any such money or valuable considera-
tion, or promises to procure or try to procure, or tries
to procure, for such person or for any other person, any
money or valuable 'Consideration.
11. Every person who, for the purpose and with the
intent in the last preceding sub-section mentioned, gives
or procures any offiice, place of employment, or agrees
to give or procure or offers or promises such office, place
or employment, or endeavors to procure, or promises to
procure or to endeavor to procure, such office, place or
employment, to or for such person or any other person.
12. Every person who, in consideration of any gift, loan
offer, promise or agreement, as mentioned in the two last
preceding sub-sections, allows himself to be nominated
or refuses to allow himself to be nominated as a candidate
at an election, or withdraws if he has been so nominated.
Definitions.
312
ELECTION LAWS
Misdemeanor.
Misdemeanor.
Felony.
13. Every elector, candidate for nomination, nominee
or political committee who shall pay, or offer to pay,
the fee for any person who is about to, or has made his
declaration of intention, or has taken out, or is about
to take out his final papers as a citizen of the United
States; and every person who receives any money or
other valuable thing to pay such fee, or permits the sam.e
to be paid for him.
Sec. 8170. (Sec. 106.) Bets and Wagers. — Every per-
son who shall bet or wager any money or property, or
other valuable thing, on the result of any election au-
thorized by the constitution or laws of the United States
or of this State, or on any vote to be given at such
election, or who shall knowingly become stakeholder of
such bet or wager, shall be punished by a fine not
less than twenty-five dollars nor more than one thousand
dollars.
Sec. 8171. (Sec. 107.) Treating on Election Day. —
The giving or causing to be given to any elector on the
day of voting, or at any other time, on account of such
elector having voted or being about to vote, or with
the intent to influence his vote, any meat, drink or re-
freshment, or any money or ticket to enable such elector
to procure such refreshments, shall be deemed a mis-
demeanor; and whosoever shall have been guilty of such
unlawful act shall for each offense be liable to a penalty
of not exceeding ten dollars and to imprisonment for not
exceeding one month in the county jail.
Sec. 8172. (Sec. 108.) Undue Influence. — The follow-
ing person shall be deemed to be guilty of the offense
of "undue influence," and shall be punishable accordingly
by a penalty of not less than two hundred dollars, nor
more than five thousand dollars, and by imprisonment
for not to exceed two years in the penitentiary:
I. Every person who, directly or indirectly, by himself
or iby any other .person on his behalf, makes use of, or
threatens to make use of, any force, violence or restraint,
or inflicts or threatens the infliction by himself or by or
through any other person, or any injury, damage, harm
or loss of employment, position, trade, influence, or in
Coercing employes.
f
STATE OF MONTANA 313
any manner practices intimidation upon or against any
person, in order to induce or compel such person to regis-
ter or vote or refrain from registering or voting, or on .
account of such person having voted or refrained from
voting, at any election.
2. Every person who, by abduction, duress, or any
fraudulent device or contrivance, impedes or otherwise
interferes with the free exercise of the elective franchise,
or thereby compels, induces or prevails upon any elector
either to give or refrain from giving his vote at any
election.
Sec. 8173. (Sec. 109.) Unlawful Acts of Employers. —
It shall be unlawful for any employer, in paying his
emj)loyes the salary or wages due them, to enclose their misdemeanor.'
pay in *'pay envelopes" upon which there is written or
printed the name of any candidate or political mottoes,
devices or arguments containing threats or promise, ex-
press or implied, calculated or intended to influence the
political opinions or actions of such employes. Nor shall
it be lawful for an employer, within ninety days of
an election, to put up or otherwise exhibit in his factory,
workshop or other establishment or place where his work-
men or employes may be working, any handbill or placard
containing any threat or promise, notice or information
that in case any particular ticket or political party or
organization or candidate shall be elected, work in his
place or es)tablishment will cease, in whole or in part,
or shall be continued or increased, or his place or estab-
lishment be closed up, or the salaries or wages of his
workmen or employes be reduced or increased, or other
threats or promises, express or implied, intended or cal-
culated to influence the political opinions or actions of
his workmen or employes. This section shall apply to
corporations as well as individuals, and any person vio-
lating the provisions of this section is guilty of a mis-
demeanor, and shall be punished by a fine of not less than
twenty-five dollars nor more than five hundred dollars,
and imprisonment not exceeding six months in the county
jail, and any corporation violating this section shall be
punished by fine not to exceed five thousand dollars, or
forfeit its charter, or both such fine and forfeiture.
314 ELECTION LAWS
Sec. 8174. (Sec. no.) Fines Paid Into School Fund. —
All fines imposed and collected tinder the preceding sec-
tions shall be paid into the county treasury for the benefit
of the common schools of the county in which the offense
was committed.
Sec. 8175. (Sec. in.) Violation of Act Voids Election. —
If it be proved before any court for the trial of election
contests or petitions that any corrupt practice has been
committed by or with the actual knowledge and consent
of any candidate at an election, if he has been elected,
the election shall be void, and shall be so adjudged.
Note: — Though it is believed that Sections 8147 to
8175, above, have been impliedly repealed by the Corr^ipt
Practices Act, found preceding the title ''Crimes Against
the Elective Franchise," it was deemed best to insert
ithem, there not being any provision in said act directly
repealing them.
INDEX
Section. Page.
Apportionment and Representation.
Apportionment and Representation 133-135
Ballots and Voting.
How printed and distributed 541 84
Duty o^ county clerk 542 85
City clerks to act, when 543 85
Pasters to be printed and distributed 544 85
Form of ballots 545 86
Number of ballots to be provided 546 89
Clerk to deliver, to judges 547 89
Booths to be furnished 548 89
Secrecy of ballot 549 90
Expenses, how paid 550 91
Delivery to elector 551 91
Method of voting 552 91
Time allowed for voting 553 92
Spoiled ballots, procedure 554 93
Judges may aid disabled elector . . 555 93
Voting, when to commence 556 93^
Manner of voting 557 93
Announcement of voter's name 558 93
Putting ballot in box 559 94
Record that elector has voted 560 94
List of voters 561 94
Challenges, grounds of 562 94
Challenges, procedure 563-565 94,95
Challenges, how determined 566, 567 95
Vote to be rejected, when 568 95
Challenges, sustained, procedure 56^ 96
Challenges, list to be kept 570 96
Wlho not entitled to vote 571 96
Canvassing and Returning the Vote.
Canvass to be public 572 ' 111
Mode of canvassing 573 111
Ballots in excess of check lists 574 112
What ballots to be counted 575 112
Procedure in ascertaining vote cast 576 112
Ballots, how disposed of , 577 113
Rejected ballots 578 113
Retuim list 579 113
316 ~ INDEX— ELECTION LAWS
Section. Page.
Election returns, how made 580 113
Custody of papers and returns 581, 582 114
Delivery to county clerk 583 114
Filing of ballots and stubs , 584 114
Keeping returns pending contest 585 114
Disposition of returns ; 586 115
Duty of clerk to file books, etc 587 115
Canvass of Returns.
Meeting of county commissioners 588 117
Absence of commissioners, who to act ,. . 589 117
Postponement, when 590 118
To be public 591 118
Entry of result 592 119
Duties of canvassing board 593 119
Certificates issued to clerk 594 119
Returns for joint house members 595, 596 120
Duty of clerk receiving returns 597 120
State returns, how made 598 120
How transmitted 599 121
State canvassers, who shall coonprise 600 121
— Messenger to be sent for returns 601 121
— Governor to issue commission 602 121
—Tie vote on state officers 003 121
— Tie vote on judicial officers 604 122
— Tie vote on representatives in congress 605 122
Defect in form of returns 606 122
Penialties 608 122
Cities.
Proceedings for organization of 3208-3211 185, 186
Annexation of territory 3215 187
Free public libraries 3488-3490 188
Officers and elections 3216-3236 189-194
Indebtedness, constitutional provisions 195
Submission to electors 3454-3455 195
Bonding fire districts 1-10 197-201
Initiative and Referendum in Cities and Towns —
Initiative on petition of voters 3266 203
—Action of city council 3266 203
Proposed ordinance, if changed by council suit
may be brought In district court 3266 203
— Jurisdiction of district court 3266 204
— Failure of council to act within 60 days to be
submitted to the people ^266 205
— Action may be brought by city to test form
and validity 3266 205
— ^Voted on at regular election 3267 205
INDEX— ELECTION LAWS
317
Section. Page.
—Special election on petition • 3267 205
Ordinance, not to be effective until 30 days after
passage by council 3268 206
Referendum by petition of electors 3269 206
—Election, general or special 3270 206
—Ballots 3273 207
— Returns, canvassing 3273 207
—Qualifications of voters 3274 207
Registration book prima facie evidence 3274 207
Form of petitions and proceedings to conform to
state law , 3275 208
Duties of city clerk 3275 208
City Clerks —
Dufties in election matters (See under appropri-
ate titles).
Commission Form of Government for Cities —
Any city may adopt 1 210
Special election to be ordered 2 210
Proclamation of election 3 210
Form of ballots 4 210
Duty of mayor 5 211
Officers to be elected 6 211
Conduct of election 7 211
Effect of adoption of commission form 8 211
Number of officers to be elected 9 212
Vajcan<iies, how filled , 9 212
Terms of officers 10-11 212
Nomination of candidates , 12 213
Petition, forms of ballots, etc 12 213
Election, wrongful acts 13-14 217, 218
Goveniment in wihom 15 218
Counjcil, quorum 16 218
Duties and powers of mayor 17 219
Powers of <x>uncil 18 219
Powers of mayor 19 220
Council >may discontinue offices 20 221
salaries 21 221
Meetings of council 22 222
Ordinances, franchises, etc 23 222
Officers, public contracts 24 222
Civil service , 25 223
Monthly financial statement 26 226
Appropriations 27 227
Definitions of terms , 28 227
Recall of officers i 29 227
Electors may propose ordinancesi 30 229
Susi>ending ordinances > 31 231
318 INDEX— ELECTION LAWS
Section. Page.
Abandonment of plan 32 232
Procedure for abandonment 33 233
Congress, Members of.
Election for full term, of senators C37 125
Election to fill vacancy 638 125
Candidates receiving highest number of votes at
general election to be elected senator 131
Election for representative, when held 639 131
Returns, how made 640 - 131
Certificates issued by governor 641 131
Constitutional Provisions.
Apportionment and representation 133
Elector need not do military duty on election day. 5 4
Elector privileged from arrest on election day... 4 3
Elections to be by ballot 1 3
Government of counties 141 -
Indebtedness of cities ' 195
Indebtedness of counties 177
Initiative and referendum 251
. Judicial officers 136-139
Persons receiving highest number of votes to be
declared elected 13 4
Registration law 9 4
Removal of county seat , 173
Residence 3 3
Wiho not deemed resident of state 6 4
Who entitled to vote at general elections 2 3
Who not to be elected or appointed to office 7, 8, 11 4
Woman's suffrage 2 5
Women may hold what office 10, 12 4
Corrupt Practices.
Campaign for Nomination —
Limit of expenditures 1 264
What contributions by others deemed candidate's. 1 264
Campaign literature, what it may consist of;
filling with secretary of state 2 264
Condition precedent to secretary filing statement. 2 264
Opposing statements, to be filed when 2 265
Libelous statements, civil and criminal liability. . . 2 265
Campaign books, cost per page for different
officers 3 265
— Limit of space for each candidate 3 265
— 'Secretary of state to compile and have printel. 4 266
— How to be arranged 4 266
— Number to be printed and when to be delivered. 4 266
INDEX— ELECTION LAWS 319
Section. Page.
County <3lerks to mail to secretary names and
addresses of registered electors 5 267
Campaign book, s^ecretary of state to mail to each.
elector 5 267
—Size of 5 267
— Statements in, to contain authority therefor. . . 5 267
Campaign for Election —
Campaign book, compilation and duties of secre-
tary 6 268
— Fees to be paid to secretary for each printed
page 7 268
Limit of campaign expenses 8 269
What contributions of others deemed those of
candidate 8 269
City Elections —
Campaign pamphlet, payment per page, to whom. 9 269
—Who shall compile 9 269
— To be mailed by city clerk to each voter 9 269
To what cities act not applicable 9 270
Definitions of terms used in act 10 270
What expenditures excepted 10 271
Financial Statement —
To be filed by candidate, with whom 11 271
What statement to contain 11 271
Failure to file, a misdemeanor 11 272
County attorney to be notified by whom, of failure
to file 11 272
Treasurers of committees and others to file, with
vouchers : 12 272
Secretary of state, county clerks, etc., to examine
statement and notify person of shortcoming. . 14 274
Who may make complaint of incorrectness 14 274
Failure to file, course to be pursued by officers . . 15 274
— What court has jurisdiction of violations of act. 16 275
To be preserved for what time 17 275
Publication in annual report of secretary, county
and city clerks , , 17 275
Form of 54 291
General Provisions —
Books of account of committees, etc., open to
whose inspection 12 272
Secretary of state to mail copies of act, to whom. 13 273
Payment of money in another's name prohibited. 18 276
Promises of appointment to office forbidden 19 276
Contributions by officeholders prohibited, ex-
ceptions 20 276
320 INDEX— ELECTION LAWS
Section. Page.
Certain public officers prohibited from becoming
delegates to conventions 21 276
Transfer of convention credentials prohibited 22 276
Prevailing upon person not tx> become candidate
for consideration, prohibited . ., 23 277
Solicitation of contributions for certain purposes
prohiibited 24 277
Contribiutions by corporations forbidden 25 277
Treating, making gifts, etc., forbidden 26 278
Procedure upon challenging of elector 27 278
Exercise of coercion, or undue influence, ipunish*
able 28 279
Betting and. wagering on result of, unlawful 29 279
Repeating, personation, etc., a felony 30 280
Who to be deemed guilty of 31 280
What taken to be evidence of 31 280
Paying persons for attending poll® imlawful 32 281
Wearing of badges, buttons, etc., forbidden at
polls , 32 281
Insertion in newspapers of what matter, pro-
hibited 33 281
Paid political editorials forbidden 33 281
Soliciting votes on election day prohibited 34 281
Circulating anonymous bills unlawful 35 282
Wihat constitutes political criminal libel 35 282
Defense to action for libel, what constitutes .... 35 282
Names of candidates not to bo printed on ballot
until when 36 283
Vacancies occasioned as above, how filled 36 283
Certificates withheld until statements filed 36 283
Person becoming candidate from unworthiy mo-
tive, injunction 37 283
Punishiment for person becoming candidate for
venal purpose 37 283
Contests —
Because of alleged corrupt practices 38 284
Slight or trivial offenses not sufficient to deprive
of office 38 284
Removal from office if guilty 39 284
When to be icemmenced 40 285
Petition to be filed, in what county 41 285
Person found guilty ineligible to office for what
time , 42 286
On ground of illegal votes, decree 44 286
Grounds of 45 286
On ground of illegal votes, when incumbent not
to be ousted 46 287
Illegal votes, duty of contestant 47 287
INDEX— ELECTION LAWS 321
Section. Page.
Con'tents of petition 48 288
Contestant to give bond 48 288
Costs recoverable 48 288
Court procedure 49 288
Duty of court to certify decree to whom 49 288
Ouster, to whom office to be awarded 49 288
County attorney miust prosecute, failure a mis-
demeanor 43 286
Violation of act by corporation, procedure 50 289
Violations of act not otherwise provided for,
punishment 51 290
Court proceedings under act to have precedence. . 52 290
Violations, complaint not to be dismissed without
consent of county attorney 52 290
— Court proceedings, imimmunity of witnesses 52 290
— Complaint, form of 53 290
Person making false oath, guilty of .perjury 55 293
Counties.
Constitutional provisions 141
General qualifications for county office 2955 142
Same for district and township office 295C 142
County officers enumerated 2957 142
Township officers , 2958 143
Term of office 2960 143
County commissioners, election, etc 2961 143
(See also New Couoiities; County Seats.)
County Bonds.
Constitutional provision 5 177
Duty of commissaoners ^933-2935 177-178
Form of ballots 2936-2938 178,179
County Clerks.
Duty in election matters (see appropriate title).
County Commissioners.
Durt^ies, as to elections 2939-2940 183
(See also under different titles to wMch duties
refer) .
County Seats.
Duty of county commissioners 1 165
Temporary county seat , 2 166
E\>rm of ballot 2 166
Petition to locate permanent county seat 2 167
Election, when anid how to be held 3 168
322 INDEX— ELECTION LAWS
Section. Page,
Polling places, etc 4 168
Registration 5 168
Judges of election, etc 6 169
Conduct of election 7 169
Form of ballot 8 169
Canvass of returns 9 170
Procedure when no place receives majority of
votes 10 170
Laws applicable to new county 11 171
Locating permanent county seat 12 171
Removal of County Seat —
Constitutional provision 2 173
Petition , 2851 173
Who are taxpayers 2852 173
Election 2852-2854 173, 174
Publication of result , 2855 174
No other election within four years 2858 175
Removal from time to time : . . 2859 175
Crimes Against Elective Franchise.
Violation of election laws by certain officers a
felony 8124 296
Fraudulent registration a felony '8125 296
Fraudulent voting ^ 8126 296
Attempting to vote without being qualified 8127 297
Procuring illegal voting 8128 297
Changing ballots or altering returns by election
officers 8129 297
Judges unfolding or marking tickets 8130 298
Fk>rging or altering returns 8131 298
Adding to or subtrtacting from votes 'given 8132 298
Persons aiding and abetting 8133 298
Intimidating, corruipting, deceiving or defrauding
electors 8134 298
Offenses under the election laws 8135 299
Officers of election not to electioneer, etc 8136 209
Offenses at an election 8137 299
P\irnishing money for electors 8138 300
Unlawful offer to appoint to office 8139 301
Communication of same 8140 301
Bribing members of legislative cauicu>ses, etc 8141 301
Preventing public meetings of electors 8142 301
Disturbance of poibldc meetings of electors 8143 301
Betting on elections 8144 301
Violations of election laws 8145 302
Not to sell liquor on election day , 8146 302
Payment of expenses of candidate 8147 302
Unlawful to promise appointmenits 8148 302
INDEX— ELECTION LAWS 323
Section. Page.
Wlhat money may be paid to political committees, 8149 303
Lawful expenses of candidate 8150 303
Limitations of contributionis to political com-
imittees 8151 303
Political committees defined 8152 304
Statement of expenses, by candidate 8153 304
Statement of disbursements by treasurer 8154 305
Statement by other persons 8155 305
Indirect payments mot allowed 815<i 306
Solicitation of imoney prohibited 8157 306
Statement of treasurer filed with county clerk... 8158 30G
Power of supreme and district courts 8159 307
Exemption of witnesses from prosecution 8160 307
Clerk may require correct statement 8161 308
Statement must, be under oath 8162 308
Statement open to public inspection 8163 308
Secretary of state to provide blanks 8164 308
Clerk to receipt for statement 8165 . 308
Vouchers for expenses 8166 308
Scope of act • 8167 309
Penalties 8168 309
Bribery 8169 309
Bets and wagers 8170 312
Treating on election day 8171 312
Undue influence .8172 312
Unlawful acts of employes 8173 313
Fines paid into school funds 8174 314
Violation of act voids election 8175 314
Direct Primaries.
Primary —
Construction of act , 1 32
Time for holding, preceding general elections . . . 2 33
Notice of, duty of county clerk ' 3 33
Apiplicable to municipal elections, when 4 34
Duty of city clerk in city elections 4 34
Procedure —
Counting of ballots 5 35
Ballots, how disposed of after count 5 35
Tally s'heets, form of 6 35
How tally sheets to be kept 6 36
Preparation of certificate showing votes received
by candidates 6 37
Poll books, tally sheets, etc., to be sealed and re-
turned to county clerk , 7 37
Boxes containing poll books, etc., not to be
opened until when 7 37
324 INDEX— ELECTION LAWS
Section. Page,
Party naminatioiis to be made excluisively as
directed in act 8 38
Use of party name -forbidden to others than
nominees of party 8 38
Petition for Nomination —
Where to be filed 9 38
Form; and contents 10 38
Of 'Candidates for senate or house, to be accom-
panied by what statement 10 39
Signatures of electors, verified how 10 39
Percentage of electors who must sign 11 41
— Necessary in oase party not reipresented at last
election 11 41
— In case of county or oity election 11 41
— In election for state or district officers 11 41
— In election for office in congressional district. . 11 41
In general elections whole number need not ex-
ceed what 11 42
What signatures unlawful 11 42
Unlawful signatures not to be counted 11 42
Persons who may not sign or vote 12 42
Time for filing, where 13 42
Secretary of state, county and city clerks to keep
"register of candidates'" 14 43
Register of candidates, what entries to be
imade in 14 43
Register, poll books, etc., to be public records... 15 43
Public records to be preserved, how long 15 43
Vaclancies, how filled 16 44
Secretary of state to certify nominations to
county clerk, when 17 44
County and city clerks to certify nominations, and
print sample and official ballots 18 44
Supplies to be paid for, how 19 45
County clerks to furnish register and check list
to election judges 19 45
Form of ballot 20 45
Procedure wihen person nominated on several
tickets 20 45
Manner of voting 20 45
Numiber of ballots, sample and official, to be
furnished 21 46
United States senator, names of candidates to be
placed on ballot 22 47
Return on vote of United States senator, how to
be made 22 47
County clerk to make abstracts, how 23 47
INDEX— ELECTION LAWS 325
Section. Page.
County clerk must certify nominations; other
duties ..., 23 47
Procedure on tie vote for county or precinct office 23 48
Compensation of judges and clerks of election;
how paid 23 48
Who to be deemed nominated 23 48
County clerks to transmit coipy of extract to sec-
retary of state 24 48
Secretary of state m<u!st canvass vote, in presence
of whom 24 48
Governor to grant certificate of nomination, to
whom 24 48
Procedure on tie vote 24 48
Duty of supreme and district courts in case of
error, wrong, etc., in proceedings 25 49
Secretary of state may send for returns, when . . 26 50
County clerk may send returns by telegraph 26 50
Official misconduct, penalty , 27 50
Contests —
— Notice of, how given , 28 50
— Service of notice; duty of clerk of court 29 51
— Hearing, when to be had and where 29 51
— For precinct office, procedure 30 51
Court procedure, technicalities to be disregarded,
judgment 31 51
Committeemen, how elected 32 52
— Powers, term of office; vacancies, how filled.. 32 52
County and city central committees, duties and
powers 32 52
Violation of act by candidate, penalty 33 53
State central committee and certain candidates
to formulate platform 34 53
Offering or accepting bribe in matters pertaining
to, a misdemeanor . ., 35 54
Offenses punishable under act 36 54
Forging names to petitions, penalty 37 54
Suppressing or failure to file nomination papers,
a misdemeanor , 37 54
Provisions of general election laws applicable
to act 38 55
Electors of President and Vice President.
When chosen 626 123
Returns, how made 627 123
Duty of governor 628 123
Meeting of electors 629 123
Vacancies, how filled 630 123
Voting, procedure 631 124
326 INDEX— ELECTION LAWS
Section. Page.
Separate ballots fori president and vice president. 632 124
Lists of persons voted for 633 124
Results, how transmitted 634 124
Compensiation of : . . 635 124
Expenses, how audited 636 124
Initiative and Referendum.
Aimendment to constitution 251
Form of petition 106, 107 253, 254
Duty of clerk 108 255
Notice to governor and proclamation 109 257
Duty of secretary of state 110 257
Manner of voting Ill 258
Printing and distribution of measures 112 258
Canvass of votes , 113 260
Penalties 114 260
Bills effective, when 115 261
Initiative and Referendum in Cities.
(See under title "Cities.")
Judges of Election.
How appointed > 500 71
Number appointed 501, 502 71
Selection from political parties 503 72
Notice of appointment 504 72
To choose clerks 505 72
Notice of election, duty of clerk 506 72
Notice to be posted by judges 507 73
Oath of judges and clerks 508 73
May ladminisiter oaths 509 73
Ballot boxes 510 73
Construction of ballot boxes, etc. 511,512 73,74
Printed instructions to electors 513 74
Opening and closing of polls 514-516 75
(As to other duties, see under appropriate title.)
Judicial Districts.
(Judicial district 136
Judicial Officers.
Constitutional provisions 136-137
Supreme Court, Justices —
Supreme court justices 6244 137
Term of office 62^^ 138
Vacancies 6246 138
INDEX— ELECTION LAWS 327
Section. Page.
Judges of District Court —
Constitutional provisions 138
Number of , s 6264 139
Term of office 6267 139
Computation of years in office 6268 139
Vaoancies 6269 139
Justices of the Peace —
Constitutional provision 139
Number osf , 6282 139
Term of office 6283 140
Vacancies 6284 140 -
Local Option.
Election, notice, regulations . ., 2041-2043 181
Form of ballots 2043 181
Election, how held , 2044 182
Result of election 2045-2047 182
Election, not more than once in two years 2046 182
Violation, penalty 2048 182
Contest of election 2049 182
Miscellaneous Provisions.
Convention and primary meeting defined 521 77
Nomination certificates, contents 522 77
Certificates, where filed 523 78
Nominations, otherwise made 524 78
Certificates, what not to contain 525 78
Certificates to be preserved 526 79
Certificates to be filed, when 527 79
Duty of secretary of state 528 79
Candidates may decline 529 79
Vacancies, how filled 530 80
Conistitutional amendments, submission 531 80
Errors, how corrected 532 81
New Counties.
Manner of creation of, property valuation pre-
scribed 1 145
Line of now county to be what distance from
coun^ty seat of old county . ., 1 145
Number of square miles to remain in old county. 1 146
Petitioners must file bond, oonditions of . .» 2 146
What board of county commissioners to ihave
jurisdiction of proceedings 2 14^
Duty of officers of various counties to comply
with orders of county commissioners having
jurisdiction , 2 146
328 INDEX— ELECTION LAWS
Section. Page.
Petition for Creation —
To be presented to what board of county com-
missioners 2 146
Number of signatures required 2 146
When to be formed from two or more counties,
separate petitions required from each 2 146
Signatures may appear on separate sheets 2 146
Must contain, what 2 146
To be accompanied by certain afCdavits 2 146
Prima facie evidence of truth of matters stated . . 2 146
Hearing —
Board must fix date 2 148
Publication of notice, in newspaper located where. 2 148
Board may adjourn hearing, not exceeding what
time ,...., 2 150
Objections to be filed, when, otherwise not to be
heard ,. . 2 150
After hearing, board must determine what 2 151
Petition to be excluded from new county, duty
of commissioners 2 151
Not to be created if territory excluded reduces
new county below requisites prescribed by act. 2 151
Duties of board of commissioners if determination
favorable to creation of county 3 151
Election —
Board must call, within what time 3 151
Who may vote at 3 151
Proclamation and notice of, (publication and
contents 3 153
To be made aufd given by what board of com-
missioners 3 153
Duty of county derks as to registration books, etc. 3 154
If proposition carries, duty of board of commis-
sioners and clerk in premises 4 155
If proposition falls, what course to be pursued by
commissioners 4 156
Officers elect shall hold office until when 4 156
County Seat —
Mlajority shall determine 3 153
Failure to select, what place to be temporary
•county seat i. ., 3 154
Failure to select, question to be resubmitted 3 154
After selection as provided, not to be thereafter
changed 3 154
Officers —
What officers to be chosen 5 156
INDEX— ELECTION LAWS 329
Section. Page.
Justices aiid constables residing in proposed new
county to continue in office 5 156
School trustees residing in new county at time
of creation to continue in office 5 157
Manner of taking office, compensation, etc 5 157
Indebtedness —
How to be apportioned 6 157
Governor to appoint commissioners for adjust^
ment of 6 157
Commissioners to Organize and employ clerk,
what constitutes quorum 6 157
Commissioners have power to compel attendance
of witnesses 6 158
Sheriff to execute orders of commissioners 6 158
Compensation and mileage of witnesses 6 158
How to be adjusted by commissioners 7 158
Due by new county, how to be paid 7 159
Compensation of commissioners and clerk, how
paid 8 160
Manner of adjustment 7 160
Taxes may be levied to pay indebtedness of new
to old county 7 160
Payment of, by new to old county, may be made
in installments, how 7 160
What amount to be paid by old to new county,
and when 7 160
Taxation —
Indebtedness of new county to be raised by 9 161
Duty of new and old counties with reference to. . 9 161
Copies of assessment to be delivered by old
county to new 9 161
Proceedings had in old county relative to, deemed
original in new county 9 161
Division of school and road funds, how made 10 161
Posting of notices equivalent of publication in
newspaper, when 13 163
To be attached to judicial district named by
governor . .> , 5 157
Real actions to be transferred from old coimty to
new, when i 12 162
Representation in senate and house of representa-
tives , 14 163
Transcribing of records, duty of county com-
missioners of new county ..,. 11 162
Violation of provisions of act by county officials
a misdemeanor 15 163
330 INDEX— ELECTION LAWS
Section. Page.
Preferential Primaries for President and Vice President.
When to be held and what laws to govern 1 61
How electors to in^dicate choice 2 61
Form of ballot 2 61
How votes to be counted, canvassed and returned 2 61
Delegates to national conventions to be nomi-
nated at 3 62
Governor's certificate of election of delegates,
to show what 3 62
Nominating petition for delegate, to contain what
number of signatures 3 62
Number of delegates to be voted for 3 62
Number of presidential electors to be nominated. 6 62
Delegates to receive traveling expenses from
state treasurer, limit of 4 63
Election of delegates to be certified, ihow 4 63
Delegates must take oath of office 4 63
Campaign bookis, right of parties to number of
pages in 5 63
— Limit of space for each candidate 6 64
— Charge per page 5. 6 63, 64
— Oanddiates for president and vice president
not to be charged for space 6 64
Primary Elections.
Challenges 537 58
Clerk 536 58
Fraudulent voting or counting 538 58
Judges 535 57
Oath i. . 537 58
Qualification of voter at 533 57
Unlawful interference 539 59
Violation of act, penalties 540 59
Who qualified to vote 534 57
Registration of Electors.
Necessary to right to vote 1 28
County clerk ex-officio county registrar 1 8
County commissioners to establish election pre-
cincts ,. . 2 8
County oommis'sioners or school trustees may
change boundaries of precincts, when 3 8
Precincts to be numbered 3 8
City council may lalter ward boundaries, when. . 4 8
City clerk must certify to county clerk change
in ward boundaries 4 8
County surveyor to prepare map of changedi
INDEX— ELECTION LAWS 331
Section. Page.
precinct 5 9
Cities to furnisii maps of wards after alteration. 6 9
County clerk to keep precinct registers 7 9
During what hours 7 9
One registration sufficient, unless not voting at
general election 7 9
Close of registration, <iuty of clerk 7 10
Issuance of certificate, form of 7 10
Books to be provided, form of 8 11
Precinct land ward registers, form of 9 11
Precinct registers, what to contain 10 12
Refusal to answer questions, clerk need not
register 10 12
Oath to be subscribed by persons registering 11 12
"Wlhen elector entitled to registration 12 14
Foreigners, procedure when registering . ., 12 14
Affidavits signed by electors, disposition, and
proof of what 13 14
Alpthabetical larramgement and numbering of
names in registers 14 14
Where electors to be registered 15 15
Duty of justices and notaries in registering
electors 15 15
Compensation of justices ' and notaries 16 15
Transmission of registration by notaries and jus-
tices, manner of 16 15
Elector may have registration cancelled, when
and how 17 16
Duty of clerk on cancellation 17 17
Re-registration after cancellation, manner of.... 17 17
Elector moving from one county to another,
transfer 17 17
When electors must personally appear before
clerk > 18 18
Transfer procedure, duty of Cicrk 17 17
Clerks to send certificate to secretary of state.. la 18
Close, clerk to send certificate to secretary of
state 18 18
Books close for one election, to remain open
for others 18 18
Posting and publication of notice of closing of.. 18 19
Clerk to cancel names, when 19 19
Manner of cancellation 19 19
Challenges, filing of, when; to be entered where. 20 20
— Duty of judges of election on challenges 20 20
Residence —
How determined , 21 21
Persons in service of United States, students, etc. 21, 2 21
332 INDEX— ELECTION LAWS
Seotion. Page.
Persons in United States navy and army 21, 3 21
Leaving home temporarily, temporary residence . 21, 4, 5 22
Loss of, by removal from state, when 21, 7, 8 22
Presuimed residence, where family resides 21, 8 22
One residence only; change, how made 21,9 22
Term of, how computed 21, 10 22
Persons on Indian or military reservations 21, 11 22
General Provisions —
Forigners, naturalization papers to be produced. .22 23
— Lost papers, how proved 22 23
— Naturalization papers, when re-exhiibltion not
required , 22,3 23
Manner of preparation of precinct books by
clerk 23 23
Clerk to print list of electors, posting and fur-
nishing of copies , 24 23
County clerk to furnish lists to city clerk 25 24
Clerk to furnish list to clerk of school district. . 25 24
Certified list of electors to be furnished judges
of election 25 24
Judges of Election —
— To mark cross opposite name 26 25
— Elector to sign precinct register before voting. 26 25
— Elector unable to write, procedure 26 25
— Transmittal of election return®, books, etc.,
within wihat time 26 25
General Provisions —
Clerk shall mark elector as voted, within what
time 27 26
Clerk to copy names into precinct registers 28 26
When precinct registers to be closed to registrar
tions 28 26
What shall constitute official registers after
January, 1915 ,. . 28 26
County clerk to receive what fee from cities and
school districts for service 29 27
Clerk may furnish copies of lists to applicants,
fee for same 30 27
County clerk to procure registers for city and
school districts at their expense, when 31 27
Proceeding to compel registration 32 27
Special elections, new registration not required. .33 27
Duty of county clerk in special elections 34 28
Elector cannot vote if not registered 35 . 28
When voter to prove identity 35 28
Powers of deputy county clerks . . 36 29
INDEX— ELECTION LAWS 333
Section. Page.
Failure of officers to perforin duties, penalty; con-
viction, effect 37 29
Judges to administer oath to voter at primary
election, when 38 29
Offering to vote at different polling p'laces, mis-
demeanor, when 38 29
Violations of act, penalties; felonies 39 30
County commissioners must supply clerk with
sufficient help 40 30
Women, names of not to be registered when. . 41 30
Bond elections, to apply to, in first and second
class school districts 42 30
Residence.
How determined 3, 21, 68
School Elections.
Of school trustees 500-502 235-241
Consolidation of school districts 407 241
School house sites 1600 242
County high schools ' . . . 2100-2115 243-247
Free text books 1811-1812 248
School district bonds 2015-2016 249
United States Senators — Nomination.
Arrangement of names upon the ballot 4 128
Ballots shall contain .names of candidates 4 128
Names of candidates nominated by petition
placed upon ballot 6 128
Proclamation of governor, to contain what 2 128
Votes shall be canvassed, certified and trans-
mitted, how 5 128
Nomination of candidates by a petition 6 128
Nomination of by political party 1 127
Secretary of state, duty of 1 127
Candidates may sign and record what verified
statements 8 129
Certification of nomination 1 127
County clerk to prepare and publish certificate
showing statement which candidates have
signed 9 130
Duty of governor in certifying vote to legislature. 7 129
Electors shall have the right to vote for 3 128
Voting Machines,
State board of voting machine commissioners 609 97
Duties , 609 97
Employment of qualified mechanics to assist
board 609 97
334 INDEX— ELECTION LAWS
Secition. Page.
Report of board 609 97
List of approved maehinies to be sent to city and
county officers 609 98
Expenses of examination, how paid 609 98
Specifications for 610 98
Counties and cities to use 611 99
Payment, how provided for 612 99
Consolidation of precincts 611 99
Election room, arrangement 613 100
Voting, how conducted 613 100
Assistance to elector unable to record his vote.. 614 101
Deceiving an elector, penalty 614 101
Instructions to voters 615 101
Ballots 615 101
—Sample 615 101
—Publication of 615 101
Machines, to be prepared by city and county
clerks 616 104
— Judges to see they are in perfect order 616 104
— To be sealed or locked 619 105
— Tamipering with or injuring, a felony 622 107
— Experimental use . ., 625 108
— When unworkable or unfit for use 625 108
Counting the votes i. . 618 105
Election return blanks 619 105
^ Certificates of judges of election 619 105
False returns or certificates by judge or clerk
of election, a felony , 624 108
Failure of judge of election to perform his duty,
a felony 623 108
Election laws of this state applicaole 620 107
^IS BOOK K DrrxTr:, __
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378721
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