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Full text of "Election laws of the state of Montana, 1920. Arranged and compiled from revised codes of Montana and the session laws of the Legislative Assembly from 1909-1919 inclusive"

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STATE DOCUMENTS 



ELECTION LAWS 



OF THE 



STATE OF MONTANA 





anged and Compiled from ^Revised Codes 
of Montana and the Session Laws of 
the Legislative Assembly from 
1909-1919 Inclusive. 



PUBLISHED BY AUTHORITY 



IN«EP*NO£NT FUBLISHIN6 CO. 
HELENA. MONTANA 



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ELECTION LAWS 



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Arranged and Compiled from Revised Codes 

of Montana and the Session Laws of 

the Legislative Assembly from 

1909-1919 Inclusive. 



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PUBLISHED BY AUTHORITY 






INDEPENDENT PUBL'SMING CC 
INTANA 




Montana State Library 



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TABLE OF CONTENTS 

Page 

Absent Voters, See. 1-21 83 

Absent Voters (In Military Service) Sec. 1-21 91 

Ballots and Voting, Sec. 541-571 84 

Candidates and Questions for Election, Sec. 521-532 32 

Canvassing and Returning the Vote, Sec. 572-587 98 

Canvass of Returns, Sec. 5S8-608 102 

Cities and Towns, Bonding Fire District, Sec. 1-2 166 

Cities, Government of, Sec. 3208-3215 157 

Cities and Towns, Indebtedness, Sec. 3454-3455, 1-5 164 

Cities and Towns, Officers and Elections, Sec. 3216-3236 160 

Cities and Towns, Manager Plan, Sec. 1-124 192 

Commission Form of Government for Cities, Sec. 1-33 180 

Congressional Districts, Sec. 1-4, 47 110 

Constitutional Amendment, Sec. 1-4 7 

Constitutional Provisions, Sec. 1-13 5 

Corrupt Practices Act. Sec. 1-55 236 

County Bond elections, Sec. 5, 2933-2938 139 

County Bond Issues, Drouth Victims, Sec. 1-32 144 

Countv Commissioners, Relative to Elections, Sec. 2894, 2939, 

2940 156 

Counties. Government of, Sec. 4-6, 2955-2962 118 

County Tax Levy for Highways and Bridges, Sec. 1-4 142 

Counties, New, Sec. 1-16, 1A-1B 120 

County Seat, Removal of, Sec. 2, 2S51-2859 137 

Crimes Against Elective Franchise, Sec. 8124-8175 255 

Election Precincts, Sec. 497-499 27 

Election Proclamations, Sec. 452-455 24 

Election Returns, An Act to Facilitate Publication, Sec. 1-4 101 

Initiative and Referendum, Sec. 1, 106-115 168 

Initiative and Referendum, Cities and Towns, Sec. 3266-3276 175 

Judges of District Court, Sec. 16, 6264-6269 117 

Judges of Election, Sec. 500-513 28 

Judicial Districts 114 

Justices of the Peace, Sec. 20, 6279-6284 , 117 

Justices of the Supreme Court, Sec. 6-10, 6244-6246 115 

Libraries, Free Public, Sec. 3488-3490 , i59 

Local Option, Sec. 2041-2049 155 

Miscellaneous Provisions of Codes, Sec. 456-460 25 

Opening and Closing of Polls, Sec. 514-516 31 

Poll Books, Code Provisions, Sec. 517-520 31 

Presidential Electors, Sec. 626-636 109 

Primaries, Direct, Sec. 1-38 and 3A-3C 38 

Primary Elections, Sec. 533-540 36 

Primaries, Preterential, for President and Vice President, Sec. 1-6.. 106 

Qualifications and Disabilities of Electors, Sec. 461-469 26 

Registration of Electors, Sec. 1-38 8 

Registration of War Service Citizens, Sec. 1-3 23 

Representatives in Congress, Sec. 639-641 110 

Representatives, County, Sec. 1-2, 2-3 112 

Representative Districts, Sec. 1-2 113 

Schools, County High, Sec. 2100-2115 229 

School District Bonds, Sec. 2015-2016 234 

School Districts, Consolidation of, Sec. 407 216 

School Districts, Rural, Sec. 1-9, 1600-2015 217 

School Districts, Levy of Taxes in Excess of 10 Mills, Sec. 1-5 233 

School Trustees, Election of. Sec. 500-502 211 

Seed Grain Law, Sec. 1, 2, 5-9, 6l 152 

Senators, State, Sec. 2-3 112 

Special Road District, Election, Sec. 13-16 142 

Tima of Holding Elections, Sec. 450-451 24 

United States Senators. Sec. 637-638 110 

Voting Machines, Sec. 609-625 73 



To the Electors of the State of Montana: 

Under Section 607, Revised Codes of the State of Mon- 
tana, "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 (Title II, Part III, relating to Elections), and 
such other provisions of law as bear upon the subject of elec- 
tions, 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 command, I have caused to be prepared what is be- 
lieved to be a complete compilation of all laws dealing with 
State, County, City and School District elections found in 
the Revised Codes of 1907, and amendments thereto as con- 
tained in the Session Laws of the Legislative Assemblies 
from 1909-1919, inclusive. 

CHAS. T. STEWART, 

Secretary of State. 



GENERAL PROVISIONS OF THE CONSTITUTION OF 

MONTANA RELATIVE TO RIGHT OF SUFFRAGE 

AND QUALIFICATIONS TO HOLD OFFICE. 



ARTICLE III. 

A Declaration of Rights of the People of the State of 

Montana. 

-'. The people of the State have the sole and exclu- 
sive right of governing themselves, as a free, sovereign and 
independent State, and to alter and abolish their constitution 
and form of government, whenever they may deem it neces- 
sary to their safety and happiness, provided such change be 
not repugnant to the constitution of the United States. 

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

ARTICLE IX. 

As amended by Chapter 1, Laws 1913, known as Wom- 
an's Suffrage Amendment, approved at election November, 
1914. 

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

Section 2. Every person of the age of twenty-one years 
or over, possessing the following qualifications, shall be en- 
titled 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 United States; 
second, he shall have resided in this State one year imme- 
diately 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 con- 
stitution ; provided, that after the expiration of five years 
from the time of the adoption of this constitution, no per- 
son except citizens of the United States shall have the right 
to vote. 

Section 3. For the purpose of voting no person shall 
be deemed to have gained or lost a residence by reason of 
his presence or absence while employed in the service of 



6 ELECTION LAWS OF MONTANA 

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 ex- 
pense, nor while confined in any public prison. 

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

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

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

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

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

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

Section 10. 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 district 
election. 

Section 11. Any person qualified to vote at general 
elections and for State officers in this State shall be eligible 
to any office therein except as otherwise provided in this 
constitution, and subject to such additional qualifications as 
may be prescribed by the Legislative Assembly for city of- 
fices and offices hereafter created. 

Section 12. Upon all questions submitted to the vote of 
the taxpayer of the State, or any political subdivision there- 
of, women who are taxpayers and possessed of the qualifi- 
cations for the right of suffrage required of men by this 
constitution shall equally, with men, have the right to vote. 

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



HL1 . LAWS OP MONTANA 7 

Chapter 25 of the Laws of the Sixteenth Legislative Assem- 
bly, in Extraordinary Session. 

"An Act for the Submission to the Qualified Electors of the 
State of Montana of An Amendment to Section 20 of Ar- 
ticle 7 of the Constitution of the State of Montana Creat- 
ing a Board of Examiners and Defining and Prescribing 
Its Powers and Duties; Authorizing the Legislative As- 
sembly to Create a Board of Administration and Defining 
and Prescribing Its Powers and Duties; and Authorizing 
the Legislative Assembly to Create Such Administrative 
Departments as the Interests of the State May Require 
and in Creating Such Departments, the Legislative Assem- 
bly May Consolidate or Abolish Any Boards, Offices and 
Bureaus Created by Statutory Law, and Define and Pre- 
scribe Their Functions, Powers and Duties." 

Be It Enacted by the Legislative Assembly of the State of 
Montana : 

Section 1. That Section 20 of Article VII of the con- 
stitution 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. 

Section 2. That Section 20 of Article VII of the con- 
stitution of the State of Montana be, and the same is hereby 
amended to read as follows: 

"Section 20. The Governor, Secretary of State and At- 
torney General shall constitute a Board of Examiners, which 
Board shall have general supervisory control of the examina- 
tion and payment of all claims against the State, under such 
regulations as may be prescribed by law, and shall perform 
such other duties as may be prescribed by law. 

The Legislative Assembly may provide for the tem- 
porary suspension of the State Treasurer by the Governor 
when the Board of Examiners deems such action necessary 
for the protection of the moneys of the State. The Legisla- 
tive Assembly shall have power to provide for the creation 
of a Board of Administration, whose duty it shall be to ex- 
amine and audit all claims against the State, except claims 
for salaries and compensation of officers fixed by law. Such 
Board of Administration shall have power to regulate and 
control all purchases by State officers, boards, departments 
and bureaus, and perform such other duties as may be pre- 
scribed by law. No claims against the State, except for 
salaries and compensation of officers fixed by law, shall be 
passed upon by the Legislative Assembly, without first hav- 
ing been considered and acted upon by the said Board of 
Administration. The Legislative Assembly shall have power 
to create such administrative bureaus, boards and depart- 
ments as the interests of the State may require, and may 



8 ELECTION LAWS OF MONTANA 

consolidate or abolish any administrative bureaus, boards or 
departments heretofore or hereafter created by the Legis- 
lative Assembly, and may define and prescribe the func- 
tions, powers and duties of such bureaus, boards or depart- 
ments, within the powers, provisions and .limitations of this 
constitution." 

Section 3. That separate official ballots shall be pro- 
vided at the general election to be held in November, 1920, 
which shall have printed thereon all of Section 20 of Article 
VII of the constitution of the State of Montana as amended 
by this Act. Below said amended section there shall be 
printed on the ballots: 

For the above written amendment to the consti- 
tution. 



□ 



□ 



Against the above written amendment to the con- 
stitution. 



The elector shall indicate his preference by marking an 
"X" in the square before the proposition for which he de- 
sires to vote. 

Section 4. The votes cast for and against said pro- 
posed amendment shall be canvassed and the result deter- 
mined in the manner provided by the general election laws 
of the State of Montana. 



(Sections in brackets are as amended by Chapter 97 of 
the Laws of the Sixteenth Legislative Assembly.) 

REGISTRATION OF ELECTORS. 

Chapter 122, Laws 1915. 

"An Act to Amend Chapter 113 of the Laws of 1911, Relat- 
ing to the Registration of Electors in Counties, Cities, 
Towns and School Districts." 

Be It Enacted by the Legislative Assembly of the State of 
Montana : 

Section 1. That Chapter 113 of the Laws of the Legis- 
lative Assembly of 1911 be amended so as to read as follows: 
The County Clerk of each county of the State of Montana 
is hereby declared to be ex-officio County Registrar of such 
county and shall perform all acts and duties in this Act pro- 
vided without extra pay or compensation therefor. He shall 
have the custody of all registration books, cards and papers 
herein provided for, and the register hereinafter provided 
for to be kept by said County Clerk is hereby declared to 
be an official record of the office of the County Clerk of 
each county. 



ELECTION LAWS OF MONTANA 9 

Section 2. The territorial unit for the conduct of elec- 
tions shall be the election precinct. The Board of County 
Commissioners of each county shall establish a convenient 
number of election precincts therein, having reference to 
equalizing the number of electors in the several precincts as 
nearly as possible. Precinct boundaries shall conform to the 
boundaries of the wards of incorporated cities or towns and 
to the boundaries of school districts of the first class only, 
provided that any ward or school district may be divided 
into two or more precincts. 

Section 3. The Board of County Commissioners may 
change the boundaries of precincts and create new or con- 
solidate established precincts, but no precinct shall be changed 
or created between the first day of January and the first 
day of December in any year during which a general election 
is to be held within the State of Montana. All changes, alter- 
ations or modifications in precinct boundaries must be certi- 
fied to the County Clerk within three days after the order 
making same shall have been made. All election precincts 
shall be designated by numbers, but may also be designated 
by distinctive names in addition to such numbers. 

Section 4. The city council of all incorporated cities 
and towns within the State of Montana shall certify to the 
County Clerk and ex-officio Registrar of the county within 
which such city or town is situated a description of the 
boundaries of the several wards within such city or town and 
in like manner shall certify any changes or alterations in 
such boundaries, that may from time to time be made, within 
ten days after the same are made. 

Section 5. The County Surveyor of each county must 
within ten days after the Board of County Commissioners 
shall have established or changed the boundaries of any elec- 
tion precincts within such county deliver to the County Clerk 
of the county a map correctly showing the boundaries of 
all precincts and school districts within the county as then 
existing. 

Section 6. The city council of any incorporated city or 
town shall within ten days after the ward lines of such city 
or town shall have been established or changed, deliver or 
cause to be delivered to the County Clerk of said county a 
map correctly showing the boundaries of the wards within 
such city or town as then existing; such map shall also show 
all streets, avenues and alleys by name and the respective 
wards by numbers, and with the ward boundaries clearly de- 
fined thereon. 

Section 7. The official register of electors in each coun- 
ty shall be contained in a book designated register which 
book shall be so arranged in precincts and alphabetical divi- 
sions suitable to record the full and complete information 



10 ELECTION LAWS OF MONTANA 

given by each elector and a card index of which the County 
Clerk of such county shall at all times have the custody. The 
cards shall be four by six inches in size, of white calendared 
stock, and shall be so perforated that all cards in any drawer 
may be fastened in by a rod passing through such perfora- 
tions, which rod shall be kept locked except when the Clerk 
shall be making necessary changes in the register. The reg- 
istry book herein provided shall be in such form as shall 
be designated by the Secretary of State of the State of Mon- 
tana. The registry card shall be substantially in the follow- 
ing form: 

(FACE) 

STATE OF MONTANA, 1 

[>SS. 

County of J 

Number Date Name Sex 



Where born Age Height Occupation 

Ft.-In. 



Naturalized when Where 

Residence Post Office Sec. Twp. Rg. 

Length of time in Precinct Ward School Dist. 

State County City 

Date cancelled Date registered Disability, if any 
Place where last registered 



STATE OF MONTANA, 1 

County of j 

, being duly sworn, says: 

I am the elector whose name appears on the face of this 
card; the several statements thereon contained affecting my 
qualifications as an elector are true; I am able to mark my 
ballot (or I am unable to mark my ballot by reason of the 
physical disabilities on this card specified) and I am not 
registered elsewhere within the State of Montana, and claim 



ELECTION LAWS OF MONTANA 11 

no right to vote elsewhere than in the precinct on this card 
specified, so help me God. 



dav 


Subscribed 
of. 


and 


sworn 


to 


before 


me 


this 

, 19 



















County Clerk and Ex-Officio Registrar. 

By Deputy. 

(BACK) 

AFFIDAVIT OF LOST NATURALIZATION PAPERS. 

STATE OF MONTANA, } 

J-ss. 
County of j 

, being duly sworn on 

oath, says: 

I am the elector named on the face of this card ; I am a 
naturalized citizen of the United States ; my certificate of 
naturalization is lost or destroyed, or beyond my present 
reach, and I have no certified copy thereof; I came to the 

United States in the year ; I was admitted to citizen- 
ship in the state (or territory) of- , county 

of , by the court 

during the year ; I last saw my certificate of naturali- 
zation, or a certified copy thereof, at 



Subscribed and sworn to before me this, 
day of...... ...... , 19. 



County Clerk and Ex-Officio Registrar. 

By Deputy. 

Section 8. Any elector residing within the county may 
register by appearing before the County Clerk and Ex-Of- 
ficio Registrar and making correct answers to all questions 
propounded by the County Clerk touching the items of in- 
formation called for by such registry card and by signing 
and verifying the affidavit or affidavits on the back of such 
card. 

Section 9. If any elector resides more than ten miles 
distant from the office of the County Clerk, he may register 



12 ELECTION LAWS OF MONTANA 

before the deputy registrar within the precinct where such 
registrar resides. If by reason of physical infirmity, the 
elector is unable to appear before the County Clerk or any 
deputy registrar, he may send written notice to the County 
Clerk, or to the deputy registrar, of such disability with the 
request that his registration be made at his residence. Upon 
receipt of such notice and request it shall be the duty of 
the County Clerk or deputy registrar, as the case may be, 
to make the registration of such elector at his residence. 
Provided, that no greater sum than twenty-five cents may be 
charged or received by any officer or person for taking the 
registration of the elector herein provided for; and provided, 
further, that no officer or person shall be entitled to receive 
from any county in the State of Montana any charge for ex- 
penses incurred by reason of the provisions of this section. 

Section 10. (As amended by Chapter 38, Laws 1917.) 
All Notary Publics and Justices of the Peace are designated 
as deputy registrars in the county in which they reside and 
may register electors residing more than ten miles from the 
county court house in any precinct within the county. The 
County Commissioners shall appoint a deputy registrar, 
other than Notary Publics and Justices of the Peace, for each 
precinct in the county. Such deputy registrar shall be a 
resident elector in the precinct for which he is appointed and 
shall register electors in that precinct, and shall receive as 
compensation for his services the sum of twenty-five cents 
for each elector registered by him. Each deputy registrar 
shall forward by mail within two days, all registration cards 
filled out by him, to the County Clerk and Recorder. 

Section 11. The office of the County Clerk shall be 
open for registration of voters between the hours of 9 a. m. 
and 5 p. m. on all days except legal holidays. Registry cards 
shall be numbered consecutively in the order of their re- 
ceipt at the office of the County Clerk ; provided, however, 
that electors who are registered upon the registry books in 
use in any county prior to the passage and approval of this 
law shall retain upon their registry cards the same number 
as they have severally had upon such books, and provided 
also that such electors need not again appear at the office 
of the County Clerk to register, but the County Clerk is here- 
by authorized to fill out from such registry books registry 
cards for all electors entitled to vote at the time of the pas- 
sage and approval of this law, transcribing from such books 
the data called for by such cards. The cards so filled out 
from the registry books shall be marked "transcribed" by 
the County Clerk, and shall constitute part of the official 
register, and shall entitle the elector represented T)y each 
such card to vote in the same manner as if the card had 
been filled out, signed and verified by such elector. The 



ELECTION LAWS OF .MONTANA L3 

County Clerk shall classify register cards according to the 
precincts in which the several electors reside, and shall ar- 
range the cards in each precinct in alphabetical order. The 
cards for each precinct shall be kept in a separate filing case 
or drawer which shall be marked with the number of the 
precinct. The County Clerk shall immediately after filling 
out the card index or registry cards as nerein provided, 
enter upon the official register of the county in the proper 
precinct, the full information given by said elector. 

Section 12. If any applicant for registration applies to 
be registered who has not resided within the State of Mon- 
tana, or the county or city for the required length of time, 
and who shall be entitled to and is qualified to register on or 
before the day of election, provided he answers the questions 
of the County Clerk in a satisfactory manner and it is made 
to appear to the County Clerk that he will be entitled to. be- 
come a qualified elector by the time upon which the elec- 
tion is to be held, the County Clerk shall accept such regis- 
tration. If any person applies to be registered who is not a 
citizen of the United States but states that he will be quali- 
fied 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 set opposite 
the name of such person the w r ords, "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. 

[Section 13.] Every elector on changing his residence 
from one precinct to another within the same county, may 
cause his registry card to be transferred to the register of 
the precinct of his new residence, by a request in writing to 
the County Clerk of such county, in the following form: 

I, the undersigned elector, having changed my residence 

from Precinct No. to Precinct No in the 

County of , State of Montana, herewith 

make application to have my registry card transferred to 
the precinct register of the precinct of my present residence. 
My registration number is 

Dated at , on the day of 

, 19 

Whenever it shall be more convenient for any elector re- 
siding outside of an incorporated city or town to vote in an- 
other precinct in the same political township, in the county, 
such elector may cause his registry card to be transferred 
from the precinct of his residence to such other precinct, by 
filing in the office of the County Clerk of such county, at 
least thirty (30) days prior to any election, a request in 
writing, in the following form : 



14 ELECTION LAWS OP MONTANA 

I, the undersigned elector, herewith make application 

to have my registry card transferred from Precinct No 

to the register of Precinct No , in the county of 

, State of Montana. The reason why 

it is more convenient for me to vote in said Precinct No 

is that 

Dated at , on the day of 

, 19 

The County Clerk shall compare the signature of the 
elector upon such request in either case, with the signature 
upon the registry card of the elector as indicated, and may 
question the elector as to any of the information contained 
upon such registry card, and if the County Clerk is satisfied 
concerning the identity of the elector and his right to have 
such transfer made, he shall endorse upon the registry card 
of such elector, the date of the transfer and the precinct to 
which transferred and shall file said card in the register of 
the precinct of the elector's present residence, or of the 
precinct to which he has requested that his registry card be 
transferred, and the County Clerk shall in each case make 
a transfer of the elector's name, together with all data con- 
nected therewith, to the proper precinct in the register. 

Section 14. If any elector registered as such in any 
county shall change his residence to another county in the 
State of Montana, he shall make and file with the County 
Clerk of the latter county the following affidavit in dupli- 
cate, to-wit: 

STATE OF MONTANA, ] 

^ss. 

County of j 

I, the undersigned elector, being duly sworn on oath say : 
I have heretofore registered as an elector in the State of 

Montana. County of , Precinct No , 

but on the day of , 19 , I 

moved my residence to the County of in 

said State and now reside at Section 

Township Range Precinct No. ; 

I occupy Room No. of the Building 

floor; I was born in and was 

naturalized as a citizen of the United States in 

My height is. ft in. I request that I be reg- 
istered to conform to my present address. 

Elector. 



ELECTION LAWS OF MONTANA IB 

Subscribed and sworn to before me this day 

of. , 19 



Said affidavit may be sworn to before any officer au- 
thorized to administer oaths within the State of Montana. 
Upon filing such affidavit in duplicate with the County Clerk, 
such elector shall fill out a registry card as herein provided 
for the original registration of voters and he shall thereupon 
be entitled to all of the rights of an elector in the precinct of 
his present residence, and such registry card shall be filed 
in the official registry of such precinct in the same manner 
as an original registry card. 

Upon receiving the duplicate affidavits above referred to 
the County Clerk shall file one in his own office and shall 
within two days thereafter transmit the other to the County 
Clerk of the county wherein said elector was previously reg- 
istered. Upon receipt of such duplicate affidavit by the 
County Clerk of such other county, he shall transfer the 
registry card of the elector named in such affidavit to the 
cancelled file of said county. Upon receiving the duplicate 
affidavit referred to in this section the County Clerk shall 
cancel the name of such elector in the register herein pro- 
vided for by drawing a line through said entry in red ink 
and by endorsing thereon the cause of said cancellation. 

Section 15. Immediately after every general election 
the County Clerk of each county shall compare the list of 
electors who have voted at such election in each precinct as 
shown by the official poll book, with the official register of 
said precinct, and he shall remove from the official register 
herein provided for the registry cards of all electors who 
have failed to vote at such election, and shall mark each of 
said cards with the word "Cancelled," and shall place such 
cancelled cards for the entire county in alphabetical order 
in a separate drawer to be known as the "cancelled file," 
but any elector whose card is thus removed from the official 
register may re-register in the same manner as his original 
registration was made, and the registration card of any 
elector who thus re-registers shall be filed by the County 
Clerk in the official register in the same manner as original 
registration cards are filed. The County Clerk shall at the 
same time cancel, by drawing a red line through the entry 
thereof, the name of all such electors who have failed to 
vote at such election. 

[Section 16.] The County Clerk shall close all regis- 
tration for the full period of forty-five days prior to, and 
before any election. He shall immediately transmit to the 
Secretary of State a certificate showing the number of voters 
registered in each precinct in said county. The County 
Clerk of each county must cause to be published in a news- 



16 ELECTION LAWS OF MONTANA 

paper within his county, having a general circulation therein, 
for thirty days before which time when such registration 
shall be closed for any election, a notice signed by him to 
the effect that such registration will 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 election by appearing before the County Clerk 
at his office, or by appearing before a deputy registrar or 
before any Notary Public or Justice of the Peace in the 
manner provided by law. The publication of such notice must 
continue for the full period of thirty days. At least thirty 
days before the time when the official register is closed for 
any election, the County Clerk shall cause to be posted, in 
at least five conspicuous places in each voting precinct at 
such election, notice of the time when the official register 
will close for such election. 

[Section 17.] The County Clerk shall, at least thirty 
days preceding any election, cause to be printed and posted a 
list of all electors entitled to be registered, as shown by the 
official register of the county, and who are on the precinct 
registers as entitled to vote in the several precincts of such 
county, city or town, or school district of the first class. 
Such printed list of registered electors shall contain the 
name of the elector in full, together with his residence, 
giving the number and street, or the name of the house, or 
the section, township and range, as shown by the official 
register card of the elector, and the registry number. The 
expense of printing said list shall be paid by said county, 
city or town, or school district in which the election is to 
be held. The County Clerk shall cause to be posted, not 
less than thirty days before any such election, as in this 
Act provided for, at least five copies of such printed registry 
list in at least five conspicuous places within the said pre- 
cinct, a copy of the list of registered voters herein provided 
for, and shall retain a sufficient number of said printed 
lists of registered voters in his office as may be necessary 
for the convenience of the public. He shall furnish to any 
qualified elector of any county, city or town or school dis- 
trict applying therefor, a copy of the same. 

[Section 18.] During the time intervening between the 
closing of the official register and the day of the ensuing 
election the County Clerk shall prepare for each precinct a 
book to be known as the "poll book," which shall be for the 
use of the clerks and judges of election in each such precinct. 
Such books shall be arranged for the listing of the names of 
the electors in alphabetical divisions, each division to be 
composed of ruled columns with appropriate headings, under 
which the information contained upon the registry card of 
each elector shall be transcribed, excepting the oath of the 



ELECTION LAWS OF MONTANA IT 

elector, and the certified copy of the poll books so prepared 
shall be delivered to the judges of the election at or prior 
to the opening of the polls in each precinct. Where the 
precincts in municipal elections, or in elections in school dis- 
tricts of the first class include more than one county pre- 
cinct, the County Clerk shall combine into one poll book the 
names of all electors in the several precinct registers of the 
precincts of which such municipal or school district precinct 
is composed. The County Clerk shall omit from the list of 
names of all certified voters so inserted in the poll book 
herein provided for, the names and registry of all electors 
which it is the duty of the County Clerk to cancel under the 
provisions of Section 20 ; provided that the requirements 
contained in the provisions of Section 20 shall have been 
brought to the attention of the County Clerk not less than 
twenty (20) days preceding the election. 

Section 19. Whenever the period during which the of- 
ficial registry is closed preceding any election shall occur 
during the time within which any elector is entitled to reg- 
ister for another election, such elector shall be permitted to 
register for such other election, but the County Clerk shall 
retain his registry card in a separate file until the official 
register is again open for filing of cards, at which time all 
cards in such temporary file shall be placed in their proper 
position in the official register. 

[Section 20.] The County Clerk must cancel any regis- 
try card in the following cases: 

1. At the request of the party registered. 

2. When he has personal knowledge of the death or 
removal from the county of the person registered or when 
duly authenticated certificate of the death of any elector is 
filed in his office. 

3. When there is presented and filed with the County 
Clerk the separate affidavit of three qualified registered 
electors residing within the precinct, which affidavit shall 
give the name of such elector, his registry number and his 
residence, and which affidavit shall show that of the per- 
sonal knowledge of the affiant, that any person registered 
does not reside or has removed from the place designated 
as the residence of such elector. 

4. When the insanity of the elector is legally estab- 
lished. 

5. Upon the production of a certified copy of a final 
judgment of conviction of any elector, of felony. 

6. Upon the production of a certified copy of the judg- 
ment of any court directing the cancellation to be made. 

Section 21. The County Clerk shall receive, for the 
use and benefit of the county, from every city or town, or 



18 ELECTION LAWS OP MONTANA 

from every school district of the first class, to which the 
poll books referred to in the last section have been furnished, 
the sum of five cents for each and every name entered in 
such poll books, and in addition he shall receive in like man- 
ner the amount of the actual expense incurred in printing 
and posting the lists of electors, and in publishing the no- 
tices required by this law, and any other expense incurred 
on account of any such municipal or school district election. 
It shall be the duty of the City or Town Council, or Board 
of School Trustees, to order a warrant drawn for such sum 
as may be due to the County Clerk under the provisions of 
this section within thirty days after the presentation of the 
account to them by said County Clerk. 

Section 22. The County Clerk shall furnish to any per- 
son or persons who in writing may request a copy of the 
official precinct registers of any county, city or school dis- 
trict precinct, and upon delivery thereof shall charge and 
collect for the use and benefit of the county the sum of five 
cents for each and every name entered in such official pre- 
cinct register. 

Section 23. At any time not later than the 10th day 
prior to any election, a challenge may be filed with the 
County Clerk, signed by a qualified elector in writing, and 
duly verified by the affidavit of the elector, that the elector 
designated therein is not entitled to register. Such affidavit 
shall state the grounds of challenge, objection and disqualifi- 
cation. The County Clerk shall file the affidavit of challenge 
in his office as a record thereof. The County Clerk must 
deliver a true and correct copy of any and all of such affi- 
davits so filed, challenging 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 quali- 
fication as an elector objections may be thus made, the 
words, "To be challenged." It shall be the duty of the 
judges of election, if on election day such person who has 
been objected and challenged applies to vote, to test under 
oath, his qualifications. Notwithstanding the elector is reg- 
istered, his right to vote may be challenged on the day of 
election by any qualified registered elector, orally stating, 
to the judges of election, the grounds of such objection or 
challenge to the right of any registered elector to vote. 

It 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 objection to the right of such elector to vote has 
been filed with the County Clerk and the copy of the pre- 



ELECTION LAWS OP MONTANA 19 

cinct registers furnished to the judges of election have en- 
dorsed thereon, opposite to the name of such elector: "to 
be challenged," to test the qualifications 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 correspond to the entry in the precinct reg- 
isters, or that said elector is disqualified from any cause 
under the law, or if he refuses to take an oath as to his 
qualifications, 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. 

[Section 24.] For the purpose of registration or vot- 
ing the place of residence of any person must be governed 
by the following rules as far as they are applicable : 

1. That place must be considered and held to be the 
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 em- 
ployed in the service of the United States, or of this State, 
nor while a student at any institution of learning, nor while 
kept at any alms house or other asylum at the public ex- 
pense, nor while confined in any public prison, nor while re- 
siding on any military reservation. 

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

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, provided he has not exer- 
cised the right of the election franchise in said state or dis- 
trict. 

5. A person must not be considered to have gained a 
residence in any county into which he comes for temporary 
purposes merely without the intention of making such county 
his home. 

6. If a person removes to another state with the inten- 
tion 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 



49B?6 



20 ELECTION LAWS OF MONTANA 

State, notwithstanding he entertains an intention of return- 
ing 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 con- 
tinues 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 joined with the intent to remain in another place. 
There can only be one residence. A residence cannot be lost 
until another is gained. 

10. The term of residence must be computed, by includ- 
ing the day of the election. 

Section 25. When a naturalized citizen applies for reg- 
istration his certificate of naturalization or a certified copy 
thereof must be produced and stamped, or written in ink 
by the registry agent with such registry agent's name and 
the year and day and county where presented, but if it sat- 
isfactorily appears to the registry agent, by the affidavit of 
the applicant (and the affidavit of one or more credible 
electors as to the credibility of such applicant when deemed 
necessary), that his certificate of naturalization or a certi- 
fied 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 naturali- 
zation or a certified copy thereof? 

Section 26. The judges of election in each precinct, at 
every general or special election, shall, in the precinct regis- 
ter book, which shall be certified to them by the County 
Clerk, mark a cross (X) upon the line opposite to the name 
of the elector before any elector be permitted 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 produce two freeholders who shall make an 
affidavit before the judges of election, or one of them, in 
substantially the following form : 



ELECTION i. wvs OF Montana 2] 

STATE OF MONTANA. ) 

County of | 

We, the undersigned witnesses, do swear that our names 
and signatures are genuine, and that we are each personally 

acquainted with (the name of the 

elector) and that we know 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 returned 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 refuses to sign his name and if un- 
able to write fails to procure two freeholders who will take 
the oath herein provided, he shall not be allowed to vote. 
Immediately after the election and canvass of the returns, 
the judges of election shall deliver to the County Clerk the 
copy of said official precinct register sealed, with the elec- 
tion returns and poll book, which have been used at said 
election. 

Section 27. In any action or proceeding instituted in 
a District Court to compel the County Clerk to make and 
enter the name of any elector in the precinct register, as 
many persons may be joined as plaintiffs for cause of ac- 
tion and as many persons as there are causes of action 
against, may be joined as defendants. 

Section 28. No person shall be entitled to vote at any 
election mentioned in this Act unless his name shall, on the 
day of election, except at school election in school districts 
of the second and third class, appear in the copy of the 
official precinct register furnished by the County Clerk to 
the judges of election; and the fact that his name so ap- 
pears in the copy of the precinct register 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 thp 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 by the oath of two reputable freeholders within 
the precinct in which such elector is registered. 

Section 29. Any elector whose name is erroneously 
omitted from any precinct poll book, may apply for and se- 
cure from the County Clerk, a certificate of such error and 
stating the precinct in which such elector is entitled to vote, 
and upon the presentation of such certificate to the judges 
of election in such precinct the said elector shall be entitled 



22 ELECTION LAWS OF MONTANA 

to vote in the same manner as if his name had appeared 
upon the precinct poll book. Such certificate shall be marked 
"voted" by the judges and shall be returned by them with 
the poll book. 

Section 30. Wherever in this Act the word "County 
Clerk" appears, it shall be construed as extending and giving 
authority to any regularly appointed Deputy County Clerk. 

Section 31. The word "elector," as used in this law, 
whether used with or without the masculine pronoun, shall 
apply equally to male and female electors. 

Section 32. The word "election," as used in this law, 
where not otherwise qualified, shall be taken to apply to 
general, special, primary nominating and municipal elections, 
and to elections in school districts of the first class. 

Section 33. Any person or persons or any officer of 
any county, city or town or school district, who, under the 
provisions of this Act, are required to perform any duty, 
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 the 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. Upon the conviction of any officer 
of the violation of the provisions of this Act, the Judge of 
the District Court hearing such proceeding shall, at the time 
of rendering judgment of conviction, include in such order 
of conviction an order of the court that such officer be re- 
moved from office. 

Section 34. If any person offering to vote at any pri- 
mary 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 
he will truly answer all questions touching his right to vote 
at such election, and if it appear that he is not a qualified 
voter under the provisions of this Act, his vote shall be 
rejected and if any person whose vote shall be so rejected 
shall offer to vote at the same election, at any other polling 
place, he shall be deemed guilty of a misdemeanor. 

Section 35. Any person who shall make false answers 
either for himself or another, or shall violate or attempt to 
violate any of the provisions of this Act, or knowingly en- 
courage another to violate the same, or any public officer or 
officers or other persons upon whom any duty is imposed 
by this Act, or any of its provisions, who shall wilfully neg- 
lect 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, 



ELECTION LAWS OF MONTANA 23 

be deemed guilty of a felony, and upon conviction thereof 
shall be punished by imprisonment 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. 

Section 36. It shall be the duty of the Board of County 
Commissioners of each county to provide the County Clerk 
thereof with sufficient help to enable him to properly p; 
form the duties imposed upon him by this Act, and the 
cost of the stationery, printing, publishing and posting to 
be furnished or procured by the County Clerk by the pro- 
visions of this law shall be a proper charge upon the County. 



Chapter 19 of the Laws of the Sixteenth Legislative Assem- 
bly, in Extraordinary Session. 

"An Act Relating to the Rights of Soldiers, Sailors and All 
Others Enrolled in the Military or Naval Service of the 
United States Government During the War; Providing 
That Their Right to the Franchise Shall Not Be Forfeited 
When so Engaged." 

Be It Enacted by the Legislative Assembly of the State of 
Montana : 

Section 1. Every citizen of the State of Montana who 
was engaged in the active military or naval services of the 
United States during the late war, and was duly registered 
and entitled to vote at the last general election, and by rea- 
son of such service was unable to vote at such election, shall 
not be considered to have lost any rights by reason thereof, 
and the provisions of Section 15 of Chapter 122, Laws of 
the Fourteenth Legislative Assembly, shall not apply. 

Section 2. The County Clerk shall within ten days 
after the passage and approval of this Act withdraw from 
the "cancelled file" the registration cards of all persons sub- 
ject to the provisions of this Act and place such cards in 
the active precinct registration files and enter the names 
of such persons upon the proper registration rolls. 

Section 3. Any person subject to the provisions of this 
Act whose name does not appear upon the register of voters 
for the precinct in which such person resides shall be en- 
titled to vote at any election upon filing with the judges 
of election an affidavit, showing that he is a citizen of the 
State of Montana and was duly registered as an elector for 
the general election in 1918, that by reason of service in 
the military or naval service of the United States he was 
unable to vote at such election. Upon the filing of such 
affidavit said judges shall enter the name of such person 
upon the register of voters for such precinct and forward 
to the County Clerk the affidavit so made. The County 



24 ELECTION LAWS OF MONTANA 

Clerk shall immediately withdraw the registration card of 
such person from the "cancelled file" and place the same in 
the proper precinct file. 



TIME OF HOLDING ELECTIONS. 
Code Provisions. 

(Sections refer to Revised Codes of 1907; those in 
brackets refer to Codes of 1895.) 

Section 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 elec- 
tion. 

Section 451. (Sec. 1151.) Special Elections, Call. Spe- 
cial 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 Com- 
missioners shall be authorized to call a special election 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. 
Code Provisions. 

Section 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 elec- 
tion, the Governor must issue an election proclamation, 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. 

Section 453. (Sec. 1161.) Governor's Proclamation — 
What to Contain. Such proclamation must contain: 

1. A statement of the time of election, and the offices 
to be filled. 

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 re- 
wards 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 1911, as to further 
contents.) 



ELECTION LAWS OF MONTANA 25 

Section 454. (Sec. 1162.) Publication and Posting By 
County Commissioners. The Board of County Commissioners 
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 Commis- 
sioners, upon receipt of such proclamation, may, in their dis- 
cretion, cause a copy of the same to be published or posted 
as hereinbefore provided, except that such publication or 
posting- need not be made for a longer period than five days 
ore such election. 

Section 455. (Sec. 1163.) Election Proclamation By 
County Commissioners. Whenever a special election is or- 
dered by the Board of County Commissioners, they must 
issue an election proclamation, containing the statement 
provided for in Subdivision 1, of Section 453 (1161), and 
must publish and post it in the same manner as proclama- 
tions issued by the Governor. 



MISCELLANEOUS PROVISIONS. 
Code Provisions. 

Section 456. (Sec. 1170.) Plurality to Elect. The per- 
son receiving at any election the highest number of votes 
for any office to be filled at such election is elected thereto. 

Section 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 Goveriior, 
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, forth- 
with, 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 Commissioners must 
appoint some eligible person, as in case of other vacancies 
in such offices; and in case of a tie vote for County Com- 
missioner, the District Judge of the county must appoint an 
eligible person to fill the office, as in other cases of vacancy. 

Section 458. (Sec. 1172.) No Fees for Certificate of 
Registration. No fees must be charged for registration or 
certificate thereof. 



26 ELECTION LAWS OF MONTANA 

Section 459. (As amended by Chapter 101, Laws 1917.) 
The compensation of members of boards of election, includ- 
ing judges and clerks, is hereby fixed at forty cents per 
hour for the time actually on duty, and must be audited by 
the Board of County Commissioners and paid out of the 
county treasury. 

Section 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 Board of County Commissioners to the 
officers of each election precinct at the expense of the county. 



QUALIFICATIONS AND DISABILITIES OF ELECTORS. 

Code Provisions. 

Section 461. (Sec. 1180.) Elections to Be By Ballot. 

All elections by the people shall be by ballot. 

Section 462. (Sec. 1181.) Qualifications of Voters. 
Every male person of the age of twenty-one years or over, 
possessing the following qualifications, if his name is regis- 
tered 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 ques- 
tions 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 election at which he 
offers to vote. No person convicted of felony has the right 
to vote unless he has been pardoned. Nothing in this sec- 
tion contained shall be construed to deprive any person of 
the right to vote who has 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 con- 
stitution no person except citizens of the United States have 
a right to vote. 

(Above section repealed in part by amendment to Ar- 
ticle IX, Section 2, Constitution of Montana.) 

Section 463. (See Section 24, Registration of Electors.) 
Section 464/, (Sec. 1183.) Privilege From Arrest. 
Electors must in all cases, except treason, felony, or breach 
of the peace, be privileged from arrest during their attend- 
ance at elections, and in going to and returning therefrom. 

Section 465. (Sec. 1184.) Exempt From Military Duty 
on Election Day. No elector is required to perform military 
duty on the days of election, except in times of war or pub- 
lic danger. 



ELECTION LAWS OF MONTANA 27 

Section 466. (Sec. 1185.) Idiot or Insane. No idiot 
or insane person is entitled to vote at any election in this 
State. 

Section 467. (Sec. 1186.) Women at School Election. 

Women have the right to vote at any school district election. 

Section 468. (Sec. 1187.) Women Taxpayers. Upon 
all questions submitted to the vote of the taxpayers of the 
State, or any political subdivision thereof, women who are 
taxpayers 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. 

Section 469. (Sec. 1188.) Who Are Taxpayers. 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 taxpayers of the State, or to the vote of the 
taxpayers of such county or city or any subdivision thereof, 
constitutes such person a taxpayer at such election within 
the meaning of the last preceding section. 



ELECTION PRECINCTS. 
Code Provisions. 

(Sections 494-496 repealed by Sections 2, 3, 4, 5, 6, of 
law relating to Registration of Electors.) 

Section 497. (Sec. 1243.) Board to Designate Place 
in Precinct for Holding Elections. The Board must, at the 
session at which judges of election are appointed, make an 
order designating the house or place within the precinct 
where the election must be held. 

Section 498. (Sec. 1244.) Proceedings Where Place 
Not Designated, Etc. If the Board fails 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, 
or a majority of those acting as such in the precinct must, 
two days before the election and by order, under their hand 
(copies of which they must at once post in three public 
places in the precinct), designate the house or place. 

Section 499. (As amended by Chapter 115 of the Laws 
of the Sixteenth Legislative Assembly.) No officer of this 
State, nor of any county, shall establish a voting precinct 
within or at the premises of any Indian agency or trading 
post. 



28 ELECTION LAWS OF MONTANA 

JUDGES OF ELECTION. 
Code Provisions. 

Section 500. (Sec. 1260.) Judges of Election, How Ap- 
pointed. 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 regis- 
tration, were one hundred or more, and three judges of 
election for each precinct in which such registration was less 
than one hundred. 

Section 501. (Sec. 1261.) Number of Judges to Be 
Appointed. The Board of County Commissioners, notwith- 
standing the registration, may appoint five judges of elec- 
tion 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 hundred voters. 

Section 502. (Sec. 1262.) Number Appointed in New 
Precincts. In any new precinct established, the Board of 
County Commissioners 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. 

Section 503. (Sec. 1263.) Not More Than a Majority 
to 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. 

Section 504. (Sec. 1264.) Clerk to Give Notice to 
Judges 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 postoffice in any one or more of the pre- 
cincts in any county, the Clerk must forward 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 morning of the election, to serve at such 
election. 

Section 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 precincts until 
other judges are appointed; and the clerks of election con- 



ELECTION LAWS OF MONTANA 29 

tinue to act as such during the pleasure of the judges of 
election, and the Board of County Commissioners must from 
time to time fill vacancies which may occur in the office of 
judges of election in any precinct within their respective 
counties. 

Section 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 pre- 
cinct, said notices to be substantially as follows: 

"Notice is hereby given that on the first Tuesday after 

the first Monday of November, 19 , at the house , 

in the county of , an election will be held for 

(naming the offices to be filled, including 

electors of the President and Vice President, a Representa- 
tive in Congress, State, county and township officers), and 
for the determination of the following questions (naming 
them), the polls of which election will be open at 8 o'clock 
in the morning and continue open until 6 o'clock in the after- 
noon of the same day. Dated this dav of , 

A. D. 19 

"Signed, A. B., Clerk of the Board of County Commis- 
sioners." 

Section 507. (Sec. 1267.) Notices to Be Posted by the 

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 precinct, 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 elec- 
tion is authorized tc be held, and the others at the two most 
public and suitable places in the precinct. 

Section 508. (Sec. 1268.) Oath of Judges and Clerk. 

Previous to votes being taken, the judges and clerks of elec- 
tion must take and subscribe the official oath prescribed 
by the constitution. It is lawful for the judges of election, 
and they are hereby empowered, to administer the oath to 
each other, and to the clerks of the election. 

Section 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 ad- 
ministered during the progress of an election. 

Section 510. Ballot Boxes. There shall be provided at 
the expense of the county, for each polling precinct, a sub- 
stantial ballot box or canvas pouch with a secure lock and 
key for the ballots and detached stubs as hereinafter pro- 



30 ELECTION LAWS OP MONTANA 

vided 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. 1, Laws 1907, 
Chap. 88.) 

Section 511. (Sec. 1271.) Size of the Opening of the 
Ballot 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. 

Section 512. (Sec. 1272.) Ballot Box to Be Exhibited. 

Before receiving any ballots the judges must, in the pres- 
ence 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 presence of the bystanders 
until all the ballots are counted, nor must it be opened until 
after the polls are finally closed. 

Section 513. (Sec. 1273.) County Clerk to Have Printed 
Instructions to the Electors. The County Clerk of each 
county must cause to be printed in large type on cards in 
the English language, instructions for the guidance of elec- 
tors 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 frac- 
tional part thereof, in the precinct, at the same time and in 
the same manner as the printed ballots. The judges of elec- 
tion 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 instruc- 
tions 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 of 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 Chapter 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. 



ELECTION LAWS OF MONTANA 31 

OPENING AND CLOSING OF POLLS. 
Code Provisions. 

Section 514. (Sec. 1290.) Time of Opening and Clos- 
ing of Polls. The polls must be opened at 8 o'clock on the 
morning of election day and must be kept open continuously 
until 6 o'clock in the afternoon of said day, when the same 
must be closed. 

Section 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. 

Section 516. (Sec. 1292.) Proclamation at Closing 
Polls. When the polls are closed that fact must be pro- 
claimed aloud at the place of election; and after such proc- 
lamation no ballots must be received. 



POLL BOOKS. 
Code Provisions. 

Section 517. (Sec. 1300.) County Commissioners to 
Furnish Poll Books. The Board of County Commissioners of 
each county must furnish for the several election precincts 
in each county poll books after the forms hereinafter pre- 
scribed. 

Section 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 
appoint ed, 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. 

Section 519. (Sec. 1302.) Form of Poll Book. The 

following is the form of poll books to be kept in duplicate by 
the judges and clerks of election: 

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 , 



32 



ELECTION LAWS OF MONTANA 



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 


A. B., 
C. D., 


Votes 
Votes 


E. P., 


Senate 


Votes 


House of Representatives 

C.H ., 


Votes 



Certified and Signed by us. 



Clerk. 



Jua^e. 



Section 520. (Sec. 1303.) Want of Form Not to Viti- 
ate. 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. 



CANDIDATES AND QUESTIONS FOR THE ELECTION. 

Code Provisions. 

Section 521. (Sec. 1310.) Convention or Primary Meet- 
ing Defined. Any convention or primary meeting held for 
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 election in the 
State. A convention or primary meeting within the mean- 
ing of this chapter is an organized assemblage of electors or 
delegates representing a political party or principle. 

Section 522. (Sec. 1311.) Certificates of Nomination, 
What to Contain. All. nominations made by such convention 
or primary meeting must be certified as follows: The cer- 
tificate of nomination, which must be in writing, must con- 
tain 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 meet- 
ing represents, and it must be signed by the presiding offi- 
cer and secretary of such convention or primal^/ meeting, 



ELECTION LAWS OP MONTANA 33 

who must add to their signatures, t heir respective places of 
residence, their business and business addresses. Such cer- 
tificates must be delivered by the secretary or the president 
of such convention or primary meeting to the Secretary of 
the Stale or to the County Clerk, as in this chapter required. 

Section 528. (Sec. 1312.) Certificate, Where Filed. 

Certificates 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 officers must be filed with the clerks 
of the respective counties .wherein the officers are to be 
elected. Certificates of nomination for municipal officers 
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 he represented by such joint mem- 
ber. 

Section 524. (Sec. 1313.) Certificates of Nomination 
Otherwise Made. Candidates for public office may be nom- 
inated otherwise than by convention or primary meeting 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 (1311) of this chapter, must be signed by electors 
residing within the State and district, or political division in 
and for which 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 suc- 
cessful candidate for the same office at the next preceding 
election, whether the said candidate be State, county, town- 
ship, municipal or any other political subdivision of State or 
county; but the signatures 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 busi- 
ness address. 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. 

Section 525. (Sec. 1314.) Certificate Not to Contain 
Certain Things — One Person Not to Be Nominated for More 
Than One Office. No certificate of nomination must contain 
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. 



34 ELECTION LAWS OF MONTANA 

Section 526. (Sec. 1315.) Certificates to Be Preserved 

One Year. The Secretary of State and the Clerks of the sev- 
eral 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 offi- 
cers with whom the same are filed. 

Section 527. (Sec. 1316.) When Certificate to Be 

Filed. Certificates of nomination to be filed with the Secre- 
tary 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 munici- 
pal corporations not more than thirty days and not less than 
three days previous to the day of election; but the provi- 
sions of this section shall not be held to apply to nomina- 
tions for special elections to fill vacancies. 

Section 528. (Sec. 1317.) Secretary of State to Cer- 
tify 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. 

Section 529. (Sec. 1319.) 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, ex- 
cept in the case of municipal elections, in writing, signed by 
him, notify the officer with whom 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. 

Section 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 nomination 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. If the original 
nomination was made by a party convention which had dele- 
gated to a committee the power to fill vacancies, such com- 



ELECTION LAWS OF MONTANA 35 

mittee may, upon the occurring of such vacancies, proceed to 
fill the same. The chairman and secretary of such com- 
mittee must thereupon make and file with the proper offi- 
cer a certificate setting forth the cause of the vacancy, the 
name of the person nominated, the office for which he was 
nominated, the name of the person for whom the new nomi- 
nee is to be substituted, the fact that the committee was 
authorized to fill vacancies, and such further information as 
is required to be given in an original certificate of nomina- 
tion. The certificate so made must be executed in the man- 
ner 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 Secre- 
tary 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 cer- 
tify to the Clerks of the proper counties the name and de- 
scription 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 nom- 
inee is substituted. 

Section 531. (As amended by Chapter 130, of the Laws 
of the Sixteenth Legislative Assembly.) Whenever a pro- 
posed constitution, or constitutional amendment, or other 
question, is submitted to the people of the State for popular 
vote, the Secretary of State must duly, and not less than 
thirty days before the election, certify the same to the Clerk 
of each county in the State, and the Clerk of each county 
must cause to be published in one newspaper in the county 
a copy of the proposed question to be submitted to the peo- 
ple of the State, once a week for three successive weeks; 
one of such publications in each of said newspapers must be 
made upon the last day upon which such newspaper is issued 
before election. 

Questions to be submitted to the people of the county 
or municipality, must be advertised by publication in at 
least one newspaper within the county or municipality once 
a week for two successive weeks, and one of such publica- 
tions in such newspaper, must be upon the last day upon 
which such newspaper is issued before the election. 

Section 532. (Sec. 1322.) Errors, How Corrected. 
Whenever 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 bal- 
lots, 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. 



36 ELECTION LAWS OF MONTANA 

PRIMARY ELECTIONS. 

Code Provisions. 

Section 533. (Sec. 1330.) Qualification of Voters at 
Primary 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 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. 

Section 534. Who Not 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 elec- 
tion, whose candidates are to be nominated at such caucus or 
primary meeting. And no person having voted at any pri- 
mary meeting or election of any political party whose can- 
didates 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 elec- 
tion 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. 

Section 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 em- 
powered to administer oaths and 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 correctly count all votes cast and 
certify the results of the same. 

Section 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 postoffice address. 

Section 537. Challenges — Oath — Penalty. Any quali- 
fied 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 sub- 
scribe an oath administered by one of the judges, which 
oath shall be substantially as follows: 



ELE< TION LAWS OF MONTANA 

"I do solemnly swear that I am a citizen of the United 

States and am an elector of this county and of this precinct 
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 makes false answers to 
any questions put to him by any of the judges concerning 
his right to vote at such caucus or primary meeting or elec- 
tion, he shall upon conviction be deemed guilty of perjury 
and shall be punished by imprisonment in the penitential-;, 
for a term of not less than one year nor more than three 
years. 

Section 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 receive 
the vote of any person whom 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 fraud- 
ulently 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 primary election. 

Section 539. (Sec. 1336.) Unlawful Interference. No 

person 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 pri- 
mary meeting. 

Section 540. Penalties. Any person or persons violat- 
ing any of the provisions of this Act, except as provided in 
Section 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.) 



38 ELECTION LAWS OF MONTANA 

DIRECT PRIMARIES. 

A Bill to Propose by Initiative Petition a Law to Provide 
for Party Nominations by Direct Vote. 

(Sections in brackets are as amended by Chapter 28 of 
the Laws of the Sixteenth Legislative Assembly, in Ex- 
traordinary Session.) 
Be It Enacted by the People of the State of Montana: 

Section 1. Whenever the provisions of this law in op- 
eration prove to be of doubtful or uncertain meaning, or not 
sufficiently explicit in directions and details, the general 
laws of Montana, and especially the election and registration 
laws, and the customs, practice, usage and forms there- 
under, in the same circumstances or under like conditions, 
shall be followed in the construction and operation of this 
law, to the end that the protection of the spirit and inten- 
tion 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 people of Montana, the 
title of this bill shall stand as the title of the law. 

[Section 2.] Date for Holding Primary Elections. Elec- 
tion of Delegates to National Convention and Nominations of 
Presidential Electors. On the forty-fifth day before the first 
Monday in June in the years in which a President and Vice 
President of the United States are to be elected and on the 
second Tuesday of June next preceding any general election 
in other years (not including special elections to fill vacan- 
cies, municipal elections in towns and cities, irrigation dis- 
tricts and school elections) at which public officers in this 
State and in any district or county are to be elected, a pri- 
mary nominating 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 nom- 
inating election, for the purpose of choosing candidates by 
the political parties, subject to the provisions of this law, for 
Senator in Congress and all other elective State, district and 
county officers, and delegates to any constitutional conven- 
tion or conventions that may hereafter be called, who are to 
be chosen at the ensuing election wholly by electors within 
this State, or any subdivision of this State, and also for 
choosing and electing county central committeemen by the 
several parties subject to the provisions of this law. The 
members of the political parties subject to this law shall 
elect their party delegates to their national conventions for 
the nomination of their party candidates for President and 
Vice President of the United States, and shall nominate can- 
didates for their party Presidential electors at such nomi- 
nating election. The Governor shall grant a certificate of 
election to each of the delegates so elected. Nominating 



ELECTION LAWS OP MONTANA 39 

petitions for the office of delegate to the respective party 
national conventions, to be chosen and elected at said nom- 
inating 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 Representatives in Congress; provided, that not 
more than five hundred signatures shall be required on any 
such petition. A number of such candidates equal to the 
number of delegates to be elected by each party which is 
subject to the provisions of this law, receiving, respectively, 
each for himself, the highest number of votes for such of- 
fice, shall be thereby elected. Every political party subject 
to 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 elected; that number of aspirants in every such party 
who shall receive, respectively, each for himself, the highest 
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. 

Every delegate to a national convention of a political 
party recognized as such organization by the laws of Mon- 
tana, shall receive from the State treasury the amount of 
his traveling expenses necessarily spent in actual attendance 
upon said convention, as his account may be audited and al- 
lowed 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 dele- 
gates of any political party than would be allowed such party 
under the plan by which the number of delegates to the Re- 
publican national convention was fixed by the Republican 
party of Montana in the year 1912. The election of such 
national delegates for political parties not subject to the Di- 
rect Primary Nomination Election Law shall be certified in 
like manner as nominations of candidates of such political 
parties for elective offices. Every such delegate to a na- 
tional convention to nominate candidates for President and 
Vice President shall subscribe to an oath of 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 time of his election. 

[Section 3.] Duty of County Clerk — Notice of Primary 
Elections, Form of Ballot, Etc. 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 judge and clerk of election in 
each precinct; and it shall be the duty of the several judges 



40 ELECTION LAWS OF MONTANA 

and clerks immediately to post said notices in public places 
in their respective precincts. Said notices shall be substan- 
tially in the following form: 

PRIMARY NOMINATING ELECTION NOTICE. 

Notice is hereby given that on- , the 

day of , 19 , at the , 

in the precinct of 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, pre- 
cinct, and other offices, namely (here name the offices to 
be filled) including delegates to any constitutional conven- 
tion then called, and candidates for county central committee- 
men 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. 

The Australian ballot as now used in this State, except 
as hereinafter provided, shall be used at said primary elec- 
tions in all precincts. The voter shall in all cases mark the 
ballot in the square before the name of each person for 
whom he desires to vote. The elector voting at said primary 
election shall be allowed to vote for candidates on the ticket 
of one political party and that shall be the party which the 
voter designates at the time he applies for the official ballot. 

The names of the candidates *of each political party for 
the nomination of the several offices, including precinct com- 
mitteemen, shall be printed in black ink on separate sheets 
of white paper of uniform quality, texture and size, with the 
name of the political party printed at the head of said bal- 
lot. Each ballot shall be prepared by the County Clerk in 
the same manner as for general elections except as herein 
otherwise provided. The County Clerk shall take the total 
number of ballots to be prepared for such election and shall 
divide the same into lots of twenty-five each and shall num- 
ber each lot consecutively. He shall then arrange the names 
of all candidates for each office by their surnames alpha- 
betically and such arrangement shall be the arrangement 
of the names in Lot 1. For Lot 2 he shall then place the 
first name appearing as a candidate for each office at the 
bottom of the list of candidates for that office so that the 
names appearing first for the respective offices in the lot 
preceding shall be placed last and the names that were sec- 
ond before the change shall be first following the change. 
He shall then follow this method for each lot in the order 
of their lot number until the names have been rotated 
throughout the total number of ballots to be printed. 



KLKCTION LAWS OF MONTANA II 

The official ballot shall bear the stamp in the same 
manner and form as provided for in the general election 
laws for stamping official ballots. 

If any primary elector write upon his ticket the name 
of any person who is a candidate for the same office on 
some other party ticket other than that upon which his 
name shall be printed, such ballot shall be counted for such 
person only as a candidate for the party upon whose ballot 
his name is written, and in no case shall it be counted for 
such person as a candidate on any other ticket. 

In case a person be nominated on more than one ticket 
or in case a person is nominated by a party other than the 
one under which he filed his nominating petition, his name 
shall appear at the general election only on the ticket of the 
party under which he filed his nominating petition and in 
no event shall he appear as the candidate of any other party. 
No person who shall have been a candidate for nomination 
for any office at the primary election, and who fails to re- 
ceive the nomination for such office at such election, shall 
be permitted to appear on the ballot at the general election 
as an independent candidate or as the candidate of any other 
party at such election. And no person whose name has been 
written on the ballot at the primary election as a candidate 
for any office shall have his name printed on the official 
ballot at the general election unless he shall have received 
at said primary election at least as many votes as would 
have been necessary as signers to a nominating petition as 
prescribed in Section 11 of the law entitled, "A Bill to Pro- 
pose by Initiative Petition a Law to Provide Party Nomina- 
tions by Direct Vote." 

Section 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 incorporated 
towns and cities of this State having a population of two 
thousand and upward as shown by the last preceding na- 
tional 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 nomi- 
nating 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 nominating elections of the political parties 
subject to the provisions of this law; provided, that in cities 



42 ELECTION LAWS OF MONTANA 

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 
legislative 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 
precincts and wards, municipal boards of judges and clerks 
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 authorities have 
over the same matters at their municipal elections for 
choosing the public officers of said cities and towns. 

Section 5. Immediately after the closing of the polls 
at a primary nominating election, the clerks and judges of 
election shall open the ballot boxes at each polling place and 
proceed to take therefrom 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 then 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 separately until the count is com- 
pleted, and shall certify to the number of votes for each can- 
didate for nomination for each office upon the ticket of each 
party. They shall then place the counted ballots in a box. 
After all have been counted and certified to by the clerks 
and judges they shall seal the returns for each of said po- 
litical parties in separate envelopes, to be returned to the 
County Clerk. 

Section 6. Tally sheets for each political party having 
candidates to be voted for at said primary nominating elec- 
tion shall be furnished for each voting precinct by the Coun- 
ty Clerk, at the same time and in the same manner that the 
ballots are furnished and shall be substantially 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 " 

The names of the candidates shall be placed on the tally 
sheets and numbered in the order in which they appear on 
the official and sample ballots, and in each case shall have 
the proper political party designated at the head thereof. 

The following shall be the form of the tally sheets kept 
by the judges and clerks of the primary nominating election 
under this law, containing the number and name of each 



ELECTION LAWS OF MONTANA 



43 



person voted for, the particular office for nomination 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. 



12 

13 
M 



\ ime of 

Candidate 



Office 


Total Vote 
Received 


No. 


Tally 5 


No. 


Tally 10 


No. 






12 

13 
14 




12 
13 
14 




12 
13 

14 











Tally 15 



The columns for the numbers 12, 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 cap- 
tions of the columns shall be reprinted between double-ruled 
lines in bold-face small pica, and all figures shall be printed 
in bold-face 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 per- 
sons 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 each 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 of the 
last tallies for each candidate, and also in the columns 
headed "Total vote," and shall prepare the certificate thereto 
above indicated; and immediately 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 prepare a statement of that portion of the 
tally sheets showing the number and name and political 
party of each candidate for nomination and the office and 
total votes received by each in the precinct, and shall pre- 
pare the certificate thereto, which statement shall be signed 



44 ELECTION LAWS OF MONTANA 

by the judges and clerks who complete the count, and shall 
be immediately posted in a conspicuous place on the outside 
of said polls, there to remain for ten days. 

Section 7. Immediately after canvassing the votes in 
the manner aforesaid, the judges and clerks who complete 
the count, 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 envelope all the 
ballots fastened together, as aforesaid, and seal the same 
securely ; and they shall 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 
which the election precinct is situated. These sealed pack- 
ages of counted ballots shall be marked on the outside, show- 
ing 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 identifica- 
tion 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 can- 
vassers 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 of the ballots, except upon the order 
of the proper court in case of contest, or upon the order of 
the county board when the boxes are needed for the ensu- 
ing election. 

Section 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 manner provided by Section 
521 of the Revised Codes of Montana, 1907. Every political 
party and its regularly nominated candidates, members and 
officers, shall have the sole and exclusive rights to the use of 
the party named 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-partisan candidate 
shall be permitted to use any word of the name of any ex- 
isting political party or organization in his candidacy. The 
names of candidates for public office nominated under the 
provisions of this law shall be printed on the official ballots 
for the ensuing election as the only candidate of the re- 
spective 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. 



ELECTION LAWS OF MONTANA 

Section 9. Before or at the time of beginning to circu- 
late any petition for nomination to any office under this 
law, the person who is to be a candidate for such nomination 
shall send by registered mail, or otherwise, to the Secretary 
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 nom- 
ination 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 
offices, in the office of the City Clerk. 

[Section 10.] Form of Petition for Nomination. Any 

qualified elector who has filed his petition shall have his 
name printed on the official nominating ballot of his party 
•as a candidate for nomination for any office at any primary 
nominating election held under the provisions of this Act, 
if there shall be filed in his behalf a petition signed as here- 
in 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 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.) 

Every such petition shall be signed as above by the elec- 
tor seeking such nomination. There shall be a separate 
leaf or sheet signed as above on every such petition for 
each precinct in which it is circulated. After the above, 
and on a separate sheet or sheets, shall be the following 
petition : 



46 ELECTION LAWS OF MONTANA 

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 party and 

qualified electors and residents of r precinct, in the 

county of , State of Montana, respectfully re- 
quest that you will cause to be printed on the official nom- 
inating ballot for the party, at the aforesaid 

primary nominating election, the name of the above signed 
(name of applicant), as a candidate for nomina- 
tion to the office of (title of office) by said 

party. 

FORM. 

Name postoffice 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, County of ss. 

I, , being first duly sworn, say: 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 postoffice 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 , 19 



(Signature and title of officer before whom oath is made.) 
Section 11. The vote cast by a political party in each 
voting precinct for Representative in Congress at the last 
preceding general election shall be the basis on which the 
percentage for petition shall be counted. In the case of any 
political party not represented by any candidates for any of- 
fice on the ballot at the last preceding general election, nom- 
ination papers must be signed by as many voters as are re- 
quired in the case of the candidates of the party requiring 
the least number of signatures entitled, as herein provided, 
to a place on the ballot at such primary. If the nomination 
is for a municipal office, or for an office to be voted for in 
only one county, the necessary number of signers shall in- 
clude 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, and the district comprises more than 



KLKCnON LAWS OP MONTANA 47 

one county, the necessary number of signers shall include 
electors residing in each of at least one-eighth of the pre- 
cincts 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 above stated ; provided, that the 
whole number of signers required on a nominating petition 
under the provisions of this law for any 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. There shall not be in any petition the name of more 
than one candidate for nomination. Any elector may sign 
more than one nominating 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 com- 
puting the number of signers necessary to make the same 
a valid and effective petition. 

Section 12. No person who is not a qualified elector 
shall be qualified to join in signing any petition for nomina- 
tion, or to vote at said primary nominating election. But 
this shall not be construed to prevent any member of any 
party from signing a petition for the nomination of any in- 
dependent or non-partisan candidate after the primary nom- 
inating 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. 

Section 13. All petitions for nomination under this Act 
for offices to be filled by the State at large, or by any dis- 
trict consisting of more than one county, and nominating 
petitions for Judges of District Courts in districts consisting 
of a single county shall be filed in the office 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 



48 ELECTION LAWS OF MONTANA 

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. 

Section 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 Elec- 
tion," and he shall enter therein, on different pages of the 
book for the different political parties subject to the pro- 
visions of this law, the title of the office sought and the 
name and residence of each candidate for nomination 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 num- 
ber of signatures required to make a valid and sufficient 
petition for nomination 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. Im- 
mediately after the canvass of votes at a primary nominat- 
ing 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. 

Section 15. Such registers of candidates for nomina- 
tion, and of nominations and petitions, letters and notices, 
and 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 cer- 
tify and deliver the copy to the person who presented 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 pertain, at which time, 
unless otherwise ordered or restrained by some court, the 
County Clerk shall destroy the ballots and ballot stubs, by 
fire, without any one inspecting the same. 

[Section 16.] Notice of Death or Withdrawal. The 
provisions of Section 529 and 530, Revised Codes of Mon- 
tana, 1907, shall apply to nominations, or petitions for nom- 
inations, made under the provisions of this law, in case of 



ELECTION LAWS OF MONTANA 19 

the death of the candidate or his removal from the Slate 
or county or his electoral district before the date of ensuing 
election or for any other cause. In case of any such va- 
cancy by death or removal from the State, or from the 
county or electoral district, or from any other cause, such 
vacancy may be filled by the committee which has been 
given power by the political party or this law to fill such 
vacancy, substantially in the manner provided by Sections 
529 and 530, Revised Codes of Montana, 1907. 

Section 17. Not more than twenty days and not less 
than seventeen days before the day fixed by law for the 
primary nominating election the Secretary of State shall 
arrange in the manner provided by this law, for the arrange- 
ment of the names and other information upon the ballots, 
all the names of and information concerning all the candi- 
dates for nomination contained in the valid 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 office, and make and transmit 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 con- 
spicuous place in his office, 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. 

Section 18. Not more than fifteen days and not less 
than twelve days before the day fixed by law for the pri- 
mary nominating election, the County Clerk of each county, 
or the City Clerk of each city, as the case may be, subject to 
the provisions of this law, shall arrange in the manner pro- 
vided by this law for the arrangement of the names and 
other information concerning all the candidates and parties 
named in the valid petitions for nomination which 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 official 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 pri- 
mary nominating election has taken place ; and he shall forth- 
with proceed and cause to be printed, according to law, the 
colored sample ballots and the official voting ballots re- 
quired by this law. 

Section 19. All blanks, ballots, poll books and other 
supplies to be used at any primaries shall be provided, and 
all expenses necessarily incurred in the preparation for, 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 one day next 



50 ELECTION LAWS OP MONTANA 

preceding any primary the County Clerk must furnish one 
of the judges of the primaries in each precinct with a copy 
of the official register and a check list for the precinct. 

Section 20. Repealed by Chapter 28 of the Laws of the 
Sixteenth Legislative Assembly, in Extraordinary Session. 

[Section 21.] Official Ballots and Sample Ballots — 
Number of. There shall be provided and furnished at each 
primary nominating election for each election precinct, one 
and one-fourth times as many official ballots as there are 
registered voters in such precinct, and one-fourth as many 
colored sample ballots as there are registered voters in such 
precinct. The sample ballots shall be duplicate impressions 
of the official ballots to be voted, but in no case shall they 
be white. These colored sample ballots shall be furnished 
as soon as printed at any time before the primary nominat- 
ing election by the respective County or City Clerks in rea- 
sonable-quantities, to all electors applying for 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. 

Section 22. Repealed by Chapter 28 of the Laws of the 
Sixteenth Legislative Assembly, in Extraordinary Session. 

Section 23. On the third day after the close of any 
primary 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 political 
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 political party, and shall 
be immediately transmitted to the Secretary of State in like 
manner as other election returns are transmittd to him. 
Such abstract of votes for nomination of each party for 
Lieutenant Governor, Secretary of State, Attorney General, 
State Auditor, Superintendent of Public Instruction, Railroad 
Commissioners, Clerk of the Supreme Court, State Treasurer, 
Justices of the Supreme Court, members of Congress, Judges 
of the District Court, and members of the Legislative As- 
sembly, who are to be nominated from a district composed 
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 for each political party; and 
it shall be the duty of said clerk immediately to certify the 
nomination for each party and enter upon his register of 
nominations the name of each of the persons having the 
highest number of votes for nomination as candidates for 
members of the Legislative Assembly, county and precinct 



ELECTION LAWS OF MONTANA 53 

offices, respectively, and to notify by mail each person who 
is so nominated; provided, that when a tie shall exist be- 
tween 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 office, 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 de- 
cide by lot which of the persons so having an equal number 
of votes shall be declared nominated by his party; and said 
clerk shall forthwith enter upon his register of nominations 
the name of the persons thus duly nominated, in like manner 
as though he had received the highest number of the votes 
of his party for that nomination ; and it shall be the duty of 
the County Clerk of every county, on receipt of the returns 
of any general primary nominating election, to make out 
his certificate stating therein the compensation to which the 
judges and clerks of election may be entitled for their serv- 
ices, and lay the same 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 nominated by his political party for 
that office. 

Section 24. The County Clerk, immediately after mak- 
ing the abstracts of votes given in his county, shall make a 
copy of each of said abstracts and transmit 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 presence of the 
Governor and the State Treasurer, to proceed within fifteen 
days after the primary nominating election, and sooner, if 
all returns be received, to canvass the votes given for nom- 
ination for Governor, Senator in Congress, Lieutenant Gov- 
ernor, Attorney General, Superintendent of Public Instruc- 
tion, Railroad Commissioners, Secretary of State, State 
Treasurer, State Auditor, Justices of the Supreme Court, 
Clerk of the Supreme Court, members of Congress, Judges 
of the District Court, Senators and Representatives, and all 
other officers to be voted for by the people of the State, or 
of any district comprising more than one county; and the 
Governor shall grant a certificate of nomination to the per* 
son 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 oi 
his party for nomination for either of said offices, the Sec- 



52 ELECTION LAWS OF MONTANA 

t 

retary 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 per- 
sons so having an equal number of votes shall be declared 
duly nominated by his party; and the Governor shall issue 
his proclamation declaring the nomination of such person 
or persons, as above provided. 

Section 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 printing of the name of any candi- 
date or other matter of the official primary nominating elec- 
tion ballots, or that any error has been or is about to be 
committed 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 pri- 
mary election, County Clerk, canvassing board or member 
thereof, or by any person charged with the duty under this 
Act, or that any neglect of duty by any of the persons afore- 
said 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 error, desist from the wrongful act, or perform 
the duty and do as the court shall order, or show cause forth- 
with why such error should not be corrected, wrongful act 
desisted from, or such duty or order performed. Failure to 
obey 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 pro- 
visions of this law shall be immediately heard and decided. 

Section 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 forth- 
with 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 messenger 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 necessary 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. 



ELECTION LAWS OF MONTANA 

Section 27. If any judge or clerk of a primary nominat- 
ing election, or other officers or persons on whom any duty 
is enjoined by this law, shall be guilty of any wilful negl' 
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. 

Section 28. Any person wishing to contest the nomina- 
tion of any other person to any State, county, district, town- 
ship, precinct, or municipal office, may give notice in 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. 

Section 29. Said notice shall be served in the same 
manner as a summons issued out of the District Court three 
days before any hearing upon such contest as herein pro- 
vided shall take place, and shall state the time and place that 
such hearing shall be had. Upon the return of said notice 
served to the Clerk of the Court he shall thereupon enter 
the same upon the issue docket as an appeal case, and the 
same shall be heard forthwith by the District Court; pro- 
vided, that if the case can not be determined by the District 
Court in term time, within fifteen days after the termination 
of such primary nominating election, the Judge of the Dis- 
trict 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 
between 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. 

Section 30. The provisions of Sections 7234 and 7249, 
Revised Codes of Montana, 1907, so far as the same do 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. 

Section 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 of 
the legal voters of the political party, as indicated by their 
votes for such nominations, not regarding technicalities or 
errors in spelling the name of any candidate for such nomi- 



54 ELECTION LAWS OF MONTANA 

nation; 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 right of said person to 
hold said nomination; provided, that the judgment or de- 
cision 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 may be 
provided for removing such causes from the District Court 
to the Supreme Court. 

[Section 32.] Committeemen to Be Elected by Each 
Party. There shall be elected by each political party, sub- 
ject to the provisions of this law, at said primary nominat- 
ing election, a committeeman for each election precinct, who 
shall be a resident of such precinct. Any elector, being a 
member of their party, may be placed in nomination for 
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 nom- 
ination at the regular biennial primary election; but no such 
nomination paper shall be filed unless verified by the affi- 
davit of one of the signers to the effect that said signers 
are bona fide members of the political party named in the 
same. The names of the various candidates for precinct 
committeemen of each political party shall be printed on the 
ticket of the same in the same manner as other candidates 
and the voter shall express his choice among them in like 
manner as for such other candidates. The committeeman 
thus elected shall be the representative of his political party 
in and for such precinct in all ward or subdivision commit- 
tees that may be formed. The committeemen elected in each 
precinct in each county shall constitute the county central 
committee of each of said respective political parties. Those 
committeemen who reside within the limits of any incor- 
porated city or town shall constitute ex-officio the city cen- 
tral committee of each of said respective political parties, 
and shall have the same power and jurisdiction as to the 
business of their several parties in such city matters that 
the county committee has in county matters, save only the 
power to fill vacancies in said committee, which power is 
vested in the county central committee. Each committee- 
man shall hold such position for the term of two years from 
the date of the first meeting of said committee immediately 
following their election. In case of a vacancy happening on 
account of death, resignation, removal from the precinct or 
otherwise, the remaining members of said county commit- 
tee may select a committeeman to fill the vacancy and he 
shall be a resident of the precinct in which the vacancy oc- 
curred. Said county and city central committees shall have 



ELECTION LAWS OF MONTANA 55 

the power to make rules and regulations for the government 
of their respective political parties in each county and city 
not inconsistent with any of the provisions of this law, and 
to elect 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 va- 
cancies and make rules in their jurisdiction that the county 
committee has to till vacancies and make rules. Said county 
and city central committees shall have the power to make 
nominations to fill vacancies occurring among the candidates 
of their respective parties nominated for city or county of- 
fices by the primary nominating election, where such va- 
cancy is caused by death or removal from the electoral dis- 
trict or for any other cause. Said committee shall meet and 
organize by electing a chairman and secretary within ten 
days after the candidates of their respective political parties 
shall have been nominated. They may select managing or 
executive committees and authorize such sub-committees to 
exercise any and all powers conferred upon the county, city, 
State and Congressional central committees, respectively, by 
this law. There shall be elected by each political party sub- 
ject to the provisions of this law, at the convention provided 
for in Section 34 of the bill initiated and passed by the peo- 
ple in 1912 to provide for party nominations by direct vote, 
one national committeeman who shall represent the State of 
Montana as a member of the national committee of his party 
and shall hold office for the term of four years, said com- 
mitteeman to be elected in the same year in which the Pres- 
ident of the United States is elected. 

Section 33. If any candidate for nomination shall be 
guilty of any wrongful or unlawful act or acts at a primary 
nominating election which would be sufficient, if such wrong- 
ful or unlawful act or acts had been done by such candidate 
at the regular general election, to cause his removal from of- 
fice, he shall, upon conviction thereof, be removed from of- 
fice in like manner as though 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. 

Section 34. The candidates for the various State of- 
fices, and for the United States Senate, Representatives in 
Congress and the Legislative Assembly nominated by each 
political party at such primary, and Senators of such political 
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 political party, shall 
meet at the call of the chairman of the State central com- 
mittee not later than September 15th next preceding any 
general election. They shall forthwith formulate the State 



56 ELECTION LAWS OF MONTANA 

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. 

Section 35. Any person who shall offer, or with knowl- 
edge of the same permit any person to offer for his benefit, 
any bribe to a voter to induce him to sign any nomination 
paper, and any person who shall accept any such bribe or 
promise of gain of any kind in the nature of a bribe as con- 
sideration for signing the same, whether such bribe or prom- 
ise of gain in the nature of a bribe be offered or accepted 
before or after such signing, shall be guilty of a misde- 
meanor, and upon trial and conviction thereof be punished by 
a fine of not less than twenty-five nor more than one thou- 
sand dollars, and by imprisonment in the county jail of not 
less than ten days nor more than six months. 

Section 36. Any act declared an offense by the general 
laws of this State concerning caucuses, primaries and elec- 
tions 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 pen- 
alties and provisions of the law as to such caucuses, pri- 
maries and elections, except as herein otherwise provided, 
shall apply in such case with equal force and to the same 
extent as though fully set forth in this Act. 

Section 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 per- 
son who, being in possession of nomination papers entitled 
to be filed under this Act, or any Act of the Legislature, 
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 imprisonment 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. 

Section 38. The provisions of the laws of this State 
now in force in relation to the holding of elections, the solici- 
tation of voters at the polls, the challenging of voters, the 
manner of conducting elections, of counting the ballots and 
making returns thereof, the appointment and compensation 
of officers of election, and all other kindred subjects, 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. 

(Added by Chapter 28 of the Laws of the Sixteenth 
Legislative Assembly, in Extraordinary Session.) 



I : MICTION LAWS OF MONTANA 57 

Section 3A. Voter to Indicate Party Ballot He De- 
sires. At the primary election any person shall be entitled 
to participate therein who is a qualified elector in such 
precinct, at the time of said primary election. When the 
voter seeks to pass the guard rail he shall indicate the party 
ballot he desires and one of the judges of the primary elec- 
tion shall give him such primary ballot and such person 
shall thereupon be allowed to vote. The voter's selection 
shall constitute his declaration of party affiliation. 

Section 3B. Challengers to Be Appointed. Each po- 
litical party shall be entitled to have two party challengers 
present at each polling place to be appointed by the re- 
spective party committeemen. Any judge or clerk of any 
primary election or any party challenger may challenge any 
voter. "When any elector's party affiliation has been chal- 
lenged (if the person challenged insists that he is entitled 
to vote the ticket of the political party to which he has in- 
dicated his party affiliation and the challenge is not with- 
drawn) one of the judges shall administer to him the fol- 
lowing oath: "You do solemnly swear or affirm that you are 

in good faith a member of the .....party; and intend 

to affiliate with said party at the ensuing election." If the 
person challenged takes such oath, he shall thereupon be 
given the ticket of such political party and shall be entitled 
to cast his vote. 

Section 3C. Withdrawal of Nominee. When any person 
nominated for public office as in this Act provided, shall at 
least fifteen (15) days before the general election, notify 
the officers with whom the original certificate of nomina- 
tion was filed, or if a municipal office, the Clerk of the city 
or town, by statement in writing by him, duly acknowledged, 
that he declines such nomination then the same shall be 
void and his name shall not be printed upon the ballot, but 
if such declaration shall be received after the time above 
specified, the officer to whom such notification be given 
shall inform, by mail or otherwise, the chairman or secre- 
tary of the campaign or party committee of his political 
party, if there be one, and if not, at least three (3) of the 
prominent members of his political party in the county, that 
he has declined such nomination by mailing or delivering to 
them personally notice of such facts and three (3) days shall 
be given such party committee to name a person to fill such 
vacancy. And if such vacancy occurs before 15 days before 
said election then said political party committee shall have 
the power to fill said vacancy. 



58 ELECTION LAWS OF MONTANA 

NOTE — The following are the original sections of th 
Direct Primaries Law initiated by the People and passed a 
the General Election of 1912; all of which sections wer< 
amended by Chapter 28 Laws of the Extraordinary Sessioi 
of the Sixteenth Legislative Assembly, such amendment 
appearing in the foregoing text:- 

Section 2. On the seventieth (70) day preceding anj 
general election (not including special elections to fill vacan 
cies, municipal elections in towns and cities, irrigation dis 
trict and school elections) at which public officers in thij 
state and in any district or county are to be elected, a pri 
mary nominating election shall be held in accordance witl 
this law in the several election precincts comprised withii 
the territory for which such officers are to be elected a' 
the ensuing election, which shall be known as the primarj 
nominating election, for the purpose of choosing candidates 
by the political parties, subject to the provisions of this law 
for Senator in Congress, and all other elective state, districl 
and county officers, and delegates to any constitutional con- 
vention or conventions that may hereafter be called, who are 
to be chosen at the ensuing election wholly by electors withir 
this State, or any subdivision of this State, and also foi 
choosing and electing county central committeemen by tht 
several parties subject to the provisions of this law. 

Section 3. It shall be the duty of the County Clerk 
thirty days before any primary nominating election, to pre- 
pare printed notices of such election, and mail two of said 
notices to each judge and clerk of election in each precinct: 
and it shall be the duty of the several judges and clerks 
immediately to post said notices in public places in their re- 
spective precincts. Said notices shall be substantially in the 
following form: 

Primary Nominating Election Notice. 

Notice is hereby given that on , the 

day of. , 19 , at the.... , in the Precinct of 

, 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 Legis- 
lative Assembly is to elect a Senator, delegates to any con- 
stitutional convention then called, and candidates 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. 



ELECTION LAWS OF MONTANA 59 

Section 10. Any qualified elector who has filed his 
petition shall have his name printed on the official nominat- 
ing- ballot of his party as a candidate for nomination for any 
office at any primary nominating election, held under the 
provisions of this act, if there shall be filed in his 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 

post office 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. 1. 

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, with- 
out regard to my individual preference. 

(Signature of the candidate for nomination.) 
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 United States Senator in Congress as nothing 
more than a recommendation, which I shall be at liberty to 



ELECTION LAWS OF MONTANA 

b^suffidfnt ^^ ^ the reaS ° n f ° r d ° ing S0 seems t0 ™ I 



(Signature of the candidate J for nomination ") 

Pippf Very i - SUCh petition sha11 be si ^ed as above bvth 
elector seeking such nomination. There shall beTsejLat 
leaf or sheet signed as above on every such petition for p*p 
precinct in which it is circulated. After thfabove and o 
separate sheet or sheets, shall be the following petition 

or t" • ' (Secretary of State for Montana) 

of -■ ;V * he Cou «ty Clerk for the Count' 

nV" "TVr ",- V ' Mont ana, (or to 

Wp fh °*a ■- >> < as the case "may" be) 

We, the undersigned members of the 

party and qualified electors and residents of 

precinct, in the County of '^L'V 

Montana, respectfully request that" vou" will" "cause to b 
printed on the official nominating ballot for the 

S'o^h^otS ^^ , ^ a 5?¥ 

ess s o^n*; ^^ a ^l5^ of 

Form. 

^ am( r v AT — , - Post Office Address 

Street and Number, if any Precinct 



Name 



Postoffice Address 



Street and Number. If any 



Precinct 



signages sh«?l hi leaf , 01 \ sheet °£ said petition containing 
w™ I be venfled "i substantially the following 

form by one or more of the signers of said petition: * 

State of Montana, County of ss . 

4 e e« y ^tated^nd «£" addreSS ,- a , nd ""Vare^-" 
bers of the y are qualified eI «*°rs and mem- 
party. 

Subscribed and sworn to brfJ^fS^ 555 ^" 
day of f 19 

(Signature and title "of "officerbeforew^ 
section 16. The provisions of Section 529 and 530 Re 
vised Codes of Montana, 1907, shall apply in nominations or 
petitions for nominations, made under the provS of this 
law, in case of the death of the candidate or his removal 



Kl.KfTinx LAWS OF MONTANA 61 

from the State or his county or electoral district before the 
date of the ensuing election, but in no other case. In case 
of any such vacancy by death or removal from the State, 
or from the county or electoral district, such vacancy may 
be filled by the committee which has been given power by 
the political party or this law to fill such vacancies sub- 
stantially in the manner provided by Section 529 and 530, 
Revised Codes of Montana, 1907. 

Section 21. There shall be provided and furnished at 
h primary nominating election for each election precinct. 
tor 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 official voting ballots, have, or nearer thereto 
than twelve points. These colored sample ballots shall be 
furnished as soon as printed, at any time before the primary 
nominating election by the respective 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. 

Section 32. There shall be elected by each political 
party, subject to the provisions of this law, at said primary 
nominating election, a committeeman for each election pre- 
cinct, who shall be a resident of such precinct. Any elector, 
being a member of their party, may be placed in nomination 
for 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 
iiling of petitions naming individuals as candidates for nom- 
ination at the regular biennial primary election; but no such 
nomination paper shall be filed unless verified by the affi- 
davit of the signers to the effect that they are bona fide 
members of the political party named in the same. The 
names of the various candidates for precinct committeemen 
of each political party shall be printed on the ticket of hhe 
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 shall 
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 committee of each 
of said respective political parties. Those committeemen 



62 ELECTION LAWS OF MONTANA 

who reside within the limits of any incorporated city or 
town shall constitute ex-officio the city central committee of 
each of said respective political parties, and shall have the 
same power and jurisdiction as to the business of their 
several parties in such city matters that the county com- 
mittee has in county matters, save only the power to fill 
vacancies in said committee, which power is vested in the 
county central committee. Each committeeman shall hold 
such position for the term of two years from the date of 
the first meeting of said committee immediately following 
their election. In case of a vacancy happening on account of 
death, resignation, removal from the precinct, or otherwise, 
the remaining members of said county committee may select 
a committeeman to fill the vacancy and he shall be a resident 
of the precinct in which the vacancy occured. Said county 
and city central committees shall have the power to make 
rules and regulations for the government of their respective 
political parties in each county and city, not inconsistent 
with any of the provisions of this law, and to elect 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 committees have to fill 
county vacancies and make rules. Said county and city 
central committees shall have the power to make nominations 
to fill vacancies occuring among the candidates of their 
respective parties nominated for city or county offices by 
the primary nominating election, where such vacancy is 
caused by death or removal from the electoral district, but not 
otherwise. Said committee shall meet and organize by 
electing a chairman and secretary within five days after the 
candidates of their respective political parties shall have 
been nominated. They may select managing or executive 
committees and authorize such sub-committes to exercise 
any and all powers conferred upon the county, city, state 
and congressional central committees respectively by this 
law. 

NOTE — The following are the original sections of the 
Direct Primaries Daw initiated bv the People and passed at 
the Crucial Election of 1912; all of which sections were re- 
pealed by Chapter 28 Laws of the Extraordinary Session of 
the sixteenth Legislative Assembly. 

tinn 20. At all primaries there shall be a ballot 
made up of the several party tickets herein provided for, 
1 1 <-f which shall l.e printed on a separate sheet of white 
paper, all of which shall be of the same size, and all shall 
be Becurely fastened together at the top and folded, pro- 
vided that there shall be as many separate tickets as there 
are parties entitled t<> participate in said primary election. 



ELECTION LAWS OP MONTANA 68 

The names of all candidates shall be arranged alphabet- 
ically according to surnames, under the appropriate title of 
the respective officers, and under the proper party designa- 
tion upon the party ticket. If any elector write upon his 
ticket the name of any person who is a candidate for the 
same office upon some 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 provided 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 under 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 one ticket. The ballots with the 
endorsements shall be printed on white paper in substantially 
the form of the Australian ballot used in general elections, 
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 market 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. 

Section 22. Nomination of United States Senator. 

At all general primary nominating elections next preced- 
ing 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, 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 re- 
turned to the Secretary of State at the time and in like 
manner as they shall transmit other records and returns 
required by this law. 



64 ELECTION LAWS OF MONTANA 

BALLOTS AND VOTING. 

(Sections refer to Revised Codes of 1907; Sections in 
brackets refer to Codes of 1895.) 

Section 541. (Sec. 1350.) Ballots, How Printed and 
Distributed. All ballots cast in elections for public officers 
within the State (except school district officers), must be 
printed and distributed at public expense as provided in 
this chapter. The printing of ballots and cards of instruc- 
tion for the elections in each county, and the delivery 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 print- 
ing and delivering the ballots must, in the case of municipal 
elections, be a charge upon the city or town in which such 
election is held. 

Section 542. (Sec. 1351.) County Clerk to Print Bal- 
lots — Elector May Vote for Any Person. Except as in this 
chapter 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 within the county participate, and to cause to be 
printed in the ballot the name of every candidate whose 
name has 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 accord- 
ing to the provisions of this chapter must not be cast or 
counted in any election. Any elector may write or paste on 
his ballot the name of any person for whom he desires to 
vote for any office, 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 pro- 
vided in this title. 

Section 543. (Sec. 1352.) Municipal Clerks to Act in 
Municipal Elections. In all municipal elections the City Clerk 
must perform all the duties prescribed for County Clerks in 
this title. 

Section 544. (Sec. 1353.) Pasters to Be Printed and 
Distributed Where Vacancy Has Been Filled. When any 
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 distributed must 
thereupon have printed a requisite number of pasters con- 
taining 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 election, and the judges of elec- 



ELECTION LAWS OF MONTANA 



66 



tion whose duty it is made by the provisions of this title 
to distribute the ballots must affix such pasters over the 
name for which substitution is made, in the proper place on 
each ballot before it is given out to the elector. 

Section 545. (Sec. 1354.) Form of Ballots. Ballots 
prepared under the provisions of this chapter must be white 
in color and of a good quality of paper, and the names must 
be printed thereon in black ink. The ballots used in any one 
county must be uniform in size, and every ballot must con- 
tain 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 sec- 
tion.) 

Perforated Line 



■.DEMOCRATIC 


REPUBLICAN 


LABOR PARTY 


For Governor 
loseph K. Toole 

□ 


For Governor 
John E. Rick.irds 

□ 


For Governor 
Fred Whiteside 

□ 


For Lieut. Governor 
Frank C. Higgins 

□ 


For Lieut. Governor 
Alex Botkin 

□ 


For Lieut. Governor 

□ 
□ 


For Sec'y of State 
Geo. M. Hayes 


For Sec'y of State 
Louis Rotwitt 


For Sec'y of State 
W. R. Allen 



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, 
or principle which the candidate in the respective columns 
represent, as contained in the certificates of nomination; 
provided, however, that where any person is nominated for 
the same office by more than one party or convention his 



66 ELECTION LAWS OF MONTANA 

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 under which he de- 
sires 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 nomina- 
tion 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 certificate 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 des- 
ignation 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 indi- 
cate, in the way hereinafter provided, the candidate or can- 
didates for whom he wishes to cast his ballot. The ballot 
shall be printed on the same leaf with a stub, and separated 
therefrom by a perforated line. The part above the per- 
forated line, designated as the stub, shall extend the entire 
width of the ballot, and shall be of sufficient depth to allow 
the following instructions to voters to be printed thereon, 
such depth to be not less than two inches from the perfor- 
ated line to the top thereof, upon the face of which stub 
shall be printed, in type known as brevier capitals, the fol- 
lowing: "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 con- 
taining 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 amendment sub- 
mitted. 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 consecu- 
tive number of the ballot, beginning with number "1," and 
increasing in regular numerical order to the total number 
of ballots required for the precinct. All of the official bal- 
lots of the same sort prepared by any officer or board for 



ELECTION LAWS OF MONTANA 67 

the same balloting place, shall be of precisely the same size, 
arrangement, 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 detached there- 
from 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 ballot shall be in 
type of the same size and character. Whenever the Secre- 
tary 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 man- 
ner in this title provided. The County Clerk must also pre- 
pare 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 questions submitted to the electors of a municipal cor- 
poration alone, the City Clerk must prepare the necessary 
ballots. (Act March 5, 1907. Sec. 2, Laws 1907, Chap. 88.) 
Section 546. (Sec. 1355.) Number of Ballots to Be 
Provided 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 registered 
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 
Citv Clerk to provide ballots as specified in this section. 
(Act March 5, 1907, Sec. 3, Laws 1907, Chap. 88.) 

Section 547. (Sec. 1356.) Clerk to Deliver Ballots and 
Stamps to Judges of Election — Stamp, What to Contain. Be- 
fore 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 number of ballots as provided for 
in Section 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 t or number of the election pre- 
cinct, 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 bal- 
lots are given pursuant to this section must be the same per- 
son who may be designated by the Commissioners to post 



68 ELECTION LAWS OF MONTANA 

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. 

Section 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 sufficient number of 
places, booths or compartments, each booth or compartment 
to be furnished with a door or curtain sufficient in char- 
acter to screen the voter from observation, and must be 
furnished with such supplies and conveniences as shall en- 
able 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 compartments 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 preparation 
of such booths or compartments, as required by this section. 

Section 549. Elector to Cast His Ballot Without In- 
terference. 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 com- 
partments are not required, no person engaged in preparing 
his ballot shall, in any way, be interfered with by any per- 
son, unless it be some one authorized 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 whatsoever shall do any electioneering on election 
day, within any polling place, or any building in which an 
election 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 authorized and empowered, 
and it is hereby made his duty, to clear the passageway and 
prevent such obstruction, and to arrest any person so doing. 
No person shall remove any ballot from the polling place 
before the closing 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 



ELECTION laws OF MONTANA G9 

any person, except the judge of election, receive from any 
elector a ballot prepared for voting. No elector shall re- 
ceive a ballot from any other person than one of the judges 
of election having charge of the ballots; nor shall any per- 
son 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. 

Section 550. Expenses of Providing Places for Elec- 
tion. The expense of providing such places or compartments, 
ropes and guard rails is a public charge, and must be pro- 
vided for in the same manner as the other election expenses. 

Section 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 the quali- 
fied 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 pur- 
pose, the designation "official ballot" and the other words 
on same, as provided for in Section 547 (1356) of this chap- 
ter; 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 qualified elector must be entitled 
to receive from the judges one ballot. (Act March 5, 1907, 
Sec. 4, Laws 1907, Chap. 88.) 

Section 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, retire to one 
of the places, booths or compartments, if such are provided, 
and prepare his ballot. He shall prepare his ballot by mark- 
ing 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 amend- 
ment submitted. 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 mark- 
ing 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 



70 ELECTION LAWS OF MONTANA 

number on the stub of the official ballot so delivered to him, 
in a loud and distinct tone of voice. If such elector be en- 
titled 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 official 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 p'ass 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.) 

Section 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 the other booths or compart- 
ments are occupied. 

Section 554. (Sec. 1363.) Spoiled Ballot. Any elector 
who by accident or mistake spoils his ballot, may, on re- 
turning said spoiled ballot, receive another in place thereof. 

Section 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 or 
write, or that because of blindness or other physical dis- 
ability 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 out- 
side thereof that it was so marked with their assistance, and 
must thereafter give no information regarding the same. 
The judges must require such declaration of disability to be 
made by the elector under oath before them, and they are 
hereby authorized to administer 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 any one 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. 

Section 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. 



ELECTION LAWS OF MONTANA 71 

Section 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 definitely fix the same. 

Section 558. (Sec. 1367.) Announcement of Voter's 

Name. The judges must receive the ballot, and before de- 
positing it in the ballot box must, in an audible tone of voice, 
announce the name, and in incorporated towns and cities the 
judges must also announce the residence of the person vot- 
ing, and the same must be recorded on each poll book. 

Section 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 opening or examining the 
same, in the ballot box. 

Section 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. 

Section 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. 

Section 562. (Sec. 1371.) Ground of Challenge. Any 

person 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 par- 
doned. 

Section 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." 



72 ELECTION LAWS OF MONTANA 

Section 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 
judges must tender to the person challenged this oath: 

"You do swear (or affirm) that you have not before 
voted this day." 

Section 565. (Sec. 1374.) Same on Grounds for Con- 
viction of Crime. If the challenge is on the ground that the 
person challenged has been convicted of a felony, the judges 
must tender him the following oath: 

"You do swear (or affirm) that you have not been con- 
victed of a felony." 

Section 566. (Sec. 1375.) Challenge, How Determined. 
Challenges upon the grounds either: 

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 tak- 
ing the oath tendered, unless the fact of conviction 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 sufficient, the judges must tender to him the fol- 
lowing 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 
conviction of some other felony be proved, as in this section 
provided for the proof of a conviction. 

Section 567. (Sec. 1376.) Trial of Challenges. Chal- 
lenges for causes other than those specified in the preceding 
section must be tried and determined by the judges of elec- 
tion at the time of the challenge. 

Section 568. (Sec. 1377.) If a Person Refuses to Be 
Sworn, Vote to Be Rejected. If any person challenged re- 
fuses to take the oaths tendered, or refuses to be sworn and 
to answer the question touching the matter of residence, he 
must not be allowed to vote. 

Section 569. (Sec. 1378.) Proceedings Upon Deter- 
mination 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. 



ELECTION LAWS OF MONTANA 73 

Section 570. (Sec. 1379.) List of Challenges to He 
Kept. The judges must cause each of the clerks to keep a 
list showing: 

1. The names of all persons challenged. 

2. The grounds of such challenges. 

3. The determination of the judges upon the challenge. 

Section 571. (Sec. 1380.) Persons Not Entitled to 

Vote. No person is entitled to vote at an election mentioned 
in this title, except as otherwise provided in this title, un- 
less his name on the day of election appears in the check 
lists, on the copy of the official register furnished by the 
registry agents to the judges of election at the election pre- 
cinct 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 (1217) 
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. 



VOTING MACHINES. 

Code Provisions. 

(Sections refer to Revised Codes of 1907, as amended by 
Chapter 99, Laws of 1909.) 

Section 609. State Board of Voting Machine Commis- 
sioners. The Governor, Secretary of State and State Auditor 
and their successors in office are hereby created and con- 
stituted the State Board of Voting Machine Commissioners. 
It shall be the duty of said board to examine all voting or 
ballot machines in order to determine whether such ma- 
chines 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 machines 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 com- 
pensation 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 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 



74 ELECTION LAWS OF MONTANA 

of County Commissioners, City Council or other board of offi- 
cers 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 compensation of the mechanics 
and all other expenses connected with the examination of 
any machine shall be paid, or caused to be paid, by the per- 
son or company submitting the machine for examination 
before the filing of the report thereon. The amount of such 
expenses shall be certified by the State Auditor and paid to 
the State Treasurer. (Act approved March 8, 1907; Laws 
1907, Chap. 168.) 

Section 610. Specifications of Machines Required. No 
machine or machine system shall be approved by the Com- 
missioners 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 en- 
able 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 question 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 voting 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 
provided for voting for all candidates of one party at one 
time by the use of such device, opposite or adjacent to 
which shall be a ballot on the machine containing the names 
of all 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 constructed so that it cannot be tam- 
pered with or manipulated 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 anv candidate. 
(Act approved March 8, 1907, Sec. 2, Laws 1907, Chap. 168.) 

Section 611. Voting Machines. The Boards of County 
Commissioners of counties of the first class shall, and 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 precincts, any voting 
machine approved in the manner above set forth in this 
Act, by the Voting Machine Commission 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 the adoption of such machines in a city, 



ELECTION LAWS OF MONTANA 75 

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 
municipality 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 elec- 
tion 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.) 

Section 612. Payment for Machines; How Provided For. 
Payment for voting machines purchased 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 de- 
termined, but shall not be issued or sold at less than par. 
(Act approved March 8, 1907, Sec. 4; Laws 1907, Chap. 168.) 

Section 613. Method of Conducting Elections. The 

room in which the election is held shall have a railing sep- 
arating 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 op- 
posite side of the railing can see or determine how the voter 
casts his vote, and that no person can 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 railing 
to that part of the room where the machine is situated ex- 
cept for the purpose of voting and except as provided in the 
next succeeding section of this Act; and they shall not per- 
mit more than one voter at a time to be in such part of the 
room. They shall not themselves remain or permit any per- 
son to remain in any position that w'ould 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 precinct, one additional 
judge shall be appointed for each additional machine. Be- 
fore 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 instruction and is fully qualified to con- 



76 ELECTION LAWS OF MONTANA 

duct the election with the machine a certificate to that ef- 
fect. For the purpose of giving such instruction, the cus- 
todian shall call such meeting or meetings of the judges of 
election as shall be necessary. Each judge of election shall 
attend such meeting or meetings and receive such instruc- 
tions as shall be necessary for the proper conduct of the 
election with the machine ; and, as compensation for the time 
spent in receiving such instruction, each judge that shall 
qualify for and serve in the election shall receive the sum of 
one dollar, to be paid to him at the same time and in the 
same manner as compensation is paid to him for his serv- 
ices on election 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 received a certificate to that effect from the custodian 
of the machine; provided, however, that this shall not pre- 
vent the appointment of a judge of election to fill a vacancy 
in an emergency. (Act approved March 6, 1909; Laws 1909, 
Chap. 99.) 

Section 614. Assistance to Elector Unable to Record 
Vote. If any voter shall, in the presence of the judges of 
election, declare that he is unable to read or write the Eng- 
lish language or that by reason of his physical disability or 
total blindness he is unable to register or record his vote 
upon the machine, he shall be assisted as provided by Section 

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 in- 
formation to any person as to what- ticket or what person or 
persons such person voted, shall be punished as provided in 
Section 8130 (66) of the Penal Code. (Act approved March 
8. 1907, Sec. 6; Laws 1907, Chap. 168.) 

Section 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 
of reduced size showing the face of the voting machine after 
the official ballot labels are arranged thereon, together with 
illustrated instructions how to vote, and a statement of the 
locations of such voting machines as shall be on public ex- 
hibition; 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 regis- 
tered 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 the printed matter and sup- 
plies named in this section, and shall furnish one of each 



ELECTION LAWS OF MONTANA 77 

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 ma- 
chine to be used. The board or officials charged with the 
duty of providing ballots shall provide for each voting ma- 
chine for each election the following printed matter and sup- 
plies: Suitable printed or written directions to the custodian 
for testing and preparing the voting machine for the elec- 
tion ; 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 custodian preparing the machine can certify that 
the voting machine has been examined and found to have 
been properly 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 cer- 
tify 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 vot- 
ing machine can be sealed and delivered to the election offi- 
cers, said envelope to have printed or written thereon the 
designation and location of the election district in which the 
machine is to be used, the number of machines, 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 election; two statements of can- 
vass on which the election officers can report the can- 
vass of the votes as shown on the voting machine, together 
with other necessary information relating to the election, 
said statements of canvass to take the place of all tally pa- 
pers, 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 machines; six suitable printed instructions to 
judges of election; six notices to judges of election to at- 
tend the instruction meeting; six certificates that the judges 
of election have attended the instruction meeting, have re- 
ceived the necessary instruction, and are qualified to con- 
duct the election with the machine. The ballot labels shall 
be printed in black ink on clear white material of such size 



78 ELECTION LAWS OF MONTANA 

and arrangement as shall suit the construction of the ma- 
chine; provided, however, that the ballot labels for the ques- 
tions 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 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 candi- 
date 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 
ivhich 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 whatsoever. 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 Com- 
missioners shall furnish for each machine twenty-five bal- 
lots for each 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 partv and part 
of the candidates therefor of one or more other parties or 
for persons for that office not nominated bv any party. For 
election precincts in which voting machines are to be used 
no paper ballots shall be furnished for anv officer to be voted 
for on the machine. For election precincts in which 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 bv the number registered 
on the public counter as he emerges from the voting ma- 
chine. (Act approved March 6, 1909; Laws 1909, Chap. 99.) 
Section 616. City and County Clerks to Set Up Ma- 
chines 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 correspond- 
ing with the sample ballots herein provided for, and the 
machines in every way put in order, set and adjusted ready for 
use m voting when delivered at the precinct, and for the pur- 



l.l.HCTION LAWS OF MONTANA 



79 



nose of so labeling the machines, putting in order, setting 
h a justing th/same they .nay employ one or more com- 
petent persons, and they shall cause the machines so labeled, 
in order and set and adjusted, to be delivered at the voting 
prec in t. together with all necessary furniture and appliances 
tha g with the same, in the room where the election is to 
be held in the precinct, in time for the OP^S ot ^e poUs 
on election day. The judges shall compare the ballots on 
the macnme with the sample ballot see that they are cor- 
rect, examine and see that all counters, if any, in the ma- 
chine ire set at zero, and that the machine is otherwise in 
perfect order, and they shall not thereafter permit the ma- 
chine to be operated or moved except by electors in voting 
and thev shall also see that all necessary arrangements and 
adjustments are made for voting irregular ballots on the ma- 
chine if such machine be so designed. (Act approved March 
8, 1907, Sec. 8; Laws 1907, Chap. 168.) 

Section 617. Irregular Ballots. In case a voting ma- 
chine be adopted which provides for the registry or recording 
of votes for candidates whose names are not on the oiiiciai 
ballot, such ballot shall be denominated irregular ballots. A 
person whose name appears on a ballot or in a machine or 
machine svstem, shall not be voted for for the same office 
or on or in anv regular device for casting an irregular ticket, 
and anv such vote shall not be counted, except for the ottice 
of Presidential electors, and an elector may vote m or on 
such irregular device for one or more persons nominated by 
one partv 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.) 

Section 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 com- 
partments in the presence of any person desiring to attend 
the same, and shall proceed to ascertain the number of votes 
cast for each person voted for at the election, and to can- 
vass record, announce and return the same as provided by 
law. (Act approved March 8, 1907, Sec. 10; Laws 1907, 

Chap. 168.) m . , 

Section 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 ma- 
chine so sealed or locked, it shall so remain for a period of 
at least thirty days, unless opened by order of a court of 



80 ELECTION LAWS OF MONTANA 

competent jurisdiction. When irregular ballots have been 
voted, the judges shall return them in a properly sealed pack- 
age endorsed "Irregular ballots," and indicating the precinct 
and county, and file such package with the City or County 
Clerk. It shall be preserved for six months after such elec- 
tion 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 
machine, 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 return 
blanks and certificates to the officers of election. Such 
return sheets shall have each candidate's name designated by 
the same reference character that said candidate's name 
bears on the ballot labels and counters, and shall make pro- 
vision for writing in of the vote for such candidate in fig- 
ures, 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 return and the number and make of 
the machine used. Said return sheet shall also have a cer- 
tificate thereon, to be executed before the polls open by the 
judges of election, stating that all counters except the pro- 
tective counter, if any, and except as otherwise noted there- 
on stood at "000" at the beginning of the election, and that 
all of said counters had been carefully examined before the 
beginning of the election ; that the ballot labels were cor- 
rectly placed on the machine and correspond to the sample 
ballot, and such other statements as the particular machine 
may require; and shall provide for the signature of the elec- 
tion officers. Said return sheet shall also have thereon a 
second certificate stating the manner of closing the polls, the 
manner of verifying the returns, that the foregoing returns 
are correct, giving the indication of the public counter, and 
poll list, and protective counter, if any, at the close of the 
election. Such certificate shall properly specify the proce- 
dure 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 sub- 
scribe to it as having been followed, and shall have provision 
for the signature of election officers. The election officers 
shall confirm their procedure to that specified in the certifi- 
cate, to which thev 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.) 



KI-KCTION LAWS OP MONTANA 81 

Section 620. Election Laws Applicable. All laws of this 
State applicable to elections where voting is done in another 
manner than by machine, and all penalties prescribed 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.) 

Section 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 imprisoned 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.) 

Section 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, w T ho shall tamper with such machine, disarrange, 
deface, injure or impair the same in any manner, or mutilate, 
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 im- 
prisonment. (Act approved March 8, 1907, Sec. 14; Laws 
1907, Chap. 168.) 

Section 623. Penalty for Violation of Duty by Judges 
of Election. Whoever, being a judge of election, with intent 
to permit or cause any voting machine to fail to correctly 
register or record any vote cast thereon, tampers with or 
disarranges such machine in any way, or any part or appli- 
ance 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 the purpose of defrauding or de- 
ceiving any voter or of causing 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 mutilates 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 exceeding one 



82 ELECTION LAWS OF MONTANA 

thousand dollars, or punished by both such fine and impris- 
ment. (Act approved March 8, 1907, Sec. 15; Laws 1907, 
Chap. 168.) 

Section 624. Penalty for Fraudulent Returns or Certifi- 
cates. Any judge or clerk of an election who shall purposely 
cause the vote registered or recorded on or in such machine 
to be incorrectly taken down as to any candidate or proposi- 
tion 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 knowingly 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 impris- 
onment. (Act approved March 8, 1907, Sec. 16; Laws 1907, 
Chap. 168.) 

Section 625. Defective Machines — Procedure. In case 
any voting machine used in any election shall during or be- 
fore 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 Commissioners, if possible, to repair the machine at 
once or to substitute another machine for the injured ma- 
chine; 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 shall 
be added together in ascertaining and determining the re- 
sult 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 election, 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 result declared the same as if 
there had been no accident to the voting machine; any mark- 
ing of such official ballots bv the voters which shall clearly 
indicate their intentions shall be deemed a proper and suf- 
ficient manner of voting; for this purpose the printed dia- 
gram of reduced size referred 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 elec- 
tion board can procure. The unofficial ballots thus voted 
shall be preserved and returned to the County Commissioners 
with a slatement setting forth how and why the same were 
used. (Act approved March 6, 1909; Laws 1909, Chap. 99.) 



KLKCTION LAWS OF MONTANA 



83 



CHAPTER 155. 
Laws 1917. 

"An Act to Provide a Method of Voting at General, Special 
and Primary Elections, Including General and Special and 
Primary Municipal Elections, by Electors Absent, or Ex- 
pecting to Be Absent, on the Day of Any Such Election 
From the County in Which They Are Electors, and Mak- 
ing Regulations Regarding Such Voting, and to Repeal 
Chapter 110 of the Session Laws of 1915, Known as the 
Absent Voters' Law, and Providing Penalties for the Vio- 
lations of the Provisions of This Act." 

Be It Enacted by the Legislative Assembly of the State of 

Montaiti: „ ,, . _, 

Sectiun 1. Any qualified elector of this State, having 
complied with the 'laws in regard to registration, who is 
absent from the county of which he is an elector on the 
day of holding any general of special election, or primary 
election for the nomination of candidates for such general 
election, or anv municipal general, special or primary elec- 
tion, mav vote at any such election as hereinafter provided. 

Section 2. At any time within thirty days next pre- 
ceding such election any voter expecting to be absent on the 
day of election from the county in which his voting precinct 
is situated, may make application to the County Clerk of 
such county, or to the City or Town Clerk, in the case of a 
municipal general, special or primary election, for an official 
ballot or official ballots to be voted at such election, as an 
absent voter's ballot or ballots. 

Section 3. Application for such ballots shall be made 
on a blank to be furnished by the County Clerk of the county 
of which the applicant is an elector, or the City or Town 
Clerk, if it be a municipal general, special or primary elec- 
tion, and shall be in substantially the following form : 

I } , a duly qualified elector of 

the ' precinct, in the county of 

and State of Montana, and to the best of my knowledge and 
belief entitled to vote in such precinct at the next election, 
expecting to be absent from the said county on the day for 
holding such election, hereby make application for an official 
ballot to be voted by me at such election. 

(Signed) 

Postoffice address to which ballot is 
to be mailed: 

Section 4. There shall also be printed on said applica- 
tion an affidavit substantially in the following form : 
State of Montana, County of ss. 

„ and , being 

severally duly sworn, each for himself on his oath says: 



S4 ELECTION LAWS OF MONTANA 

That he is a resident and registered elector of the precinct 
mentioned in the foregoing application and that he knows 
the person whose signature is appended to the said applica- 
tion; that the said person is the identical person in said ap- 
plication and resides in the said precinct. 



Subscribed and sworn to before me this 

day of , A. D. 19 

This affidavit must be subscribed by the witnesses and 
sworn to before some officer authorized to administer oaths, 
and the application shall not be deemed complete without his 
affidavit. 

The voter making such application shall pay or transmit 
therewith to the County, City or Town Clerk the sum of 
Thirty Cents which shall be treated as official receipts of 
the office. No other fee shall be charged by such Clerk for 
any services in connection with such voting. 

Section 5. Such application blank shall upon request 
therefor be sent by such County or City or Town Clerk to 
any elector of the county, by mail, and shall be delivered to 
any elector upon application made personally at the office 
of such County or City or Town Clerk; provided, however, 
that no elector shall be entitled to receive such a ballot on 
election day, nor unless his application is made to or re- 
ceived by the County or City or Town Clerk before the de- 
livery of the official ballots to the judge of election. 

Section 6. Upon receipt of such application properly 
filled out and duly signed, or as soon thereafter as the offi- 
cial ballot for the precinct in which the applicant resides has 
been printed, the said County or City or Town Clerk shall 
send to such elector by mail, postage prepaid, one official 
ballot, or if there be more than one ballot to be voted by an 
elector of such precinct, one of each kind, and shall enclose 
with such ballot or ballots an envelope, to be furnished by 
such County or City or Town Clerk, which envelope shall 
bear upon the front thereof the name, official title and post- 
office address of such County or City or Town Clerk, and 
upon the other side a printed affidavit, in substantially the 
following form: 
State of Montana, County of ss. 

I, , do solemnly swear that I am 

a resident of the . precinct, (and if he be a 

resident of a city or town, add: "Residing at , 

in the town or city of :— "), county of 

and State of Montana, and entitled to 

vote in such precinct at the next election; that I expect to 
be absent from the said county of my residence on the day 



ELECTION LAWS OF MONTANA 

of holding such election and that I will have no opportunity 
to vote in person on that day. 



Subscribed and sworn to before me this 

day of , 19 ; and I hereby certify that 

the affiant exhibited to me the enclosed ballot or ballots for 
inspection before marking, and that the same was (or were) 
then unmarked, and that he then in my presence, and in the 
presence of no other person, and in such manner that I could 
not see his vote, marked said ballot (or ballots) and en- 
closed and sealed the same in this envelope. That the affiant 
was not solicited or advised by me to vote for or against any 
candidate or measure. 



Section 7. Such voter shall make and subscribe the 
said affidavit before an officer authorized by law to admin- 
ister oaths and who has an official seal, and may do so at 
any place in the State of Montana, or in any other state 
or territory of the United States, before any officer author- 
ized by the laws of this State to take acknowledgments of 
instruments without the State, and such voter shall there- 
upon, in the presence of such officer and of no other per- 
son, mark such ballot or ballots, but in such manner that 
such officer cannot see the vote, and such ballot or ballots 
shall thereupon, in the presence of such officer, be folded 
by such voter so that each ballot will be separate, and so 
as to conceal the vote, and shall be, in the presence of such 
officer, placed in such envelope without detaching any stub 
or stubs, and the said envelope securely sealed. Said offi- 
cer shall thereupon append his signature and official title 
and affix his seal at the end of said jurat and certificate. 
Said envelope shall be mailed by such absent voter, postage 
prepaid, or delivered to the County or City or Town Clerk, 
as the case may be. 

Section 8. Upon receipt of such envelope, such County 
or City or Town Clerk shall forthwith enclose the same, un- 
opened, together with the written application of such absent 
voter, in a larger envelope, which shall be securely sealed and 
endorsed with the name of the proper voting precinct, the 
name and official title of such Clerk, and the words, "This 
envelope contains an absent voter ballot and must be opened 
only on election day at the polls when the same are open," 
and such Clerk shall safely keep the same in his office until 
the same is delivered or mailed by him as provided in the 
next section. 

Section 9. In case such envelope is received by such 
Clerk prior to the delivery of the official ballots to a judge 
of election of the precinct in which such absent voter resides, 
said larger envelope, containing the said voter's envelope 



86 ELECTION LAWS OF MONTANA 

and his said application, as above provided, shall be deliv- 
ered to the judge of election of such precinct, to whom the 
official ballots of the precinct shall be delivered, and at the 
same time. In case the official ballots for such precinct 
shall have been delivered to the judge of election prior to 
the time of the receipt by the said Clerk of said absent 
voter's envelope, such Clerk shall immediately after enclosing 
such voter's envelope, and his application in a larger envelope, 
and after ei dorsing the latter as provided in the foregoing 
section, address and mail the larger envelope, postage pre- 
paid, to the said judge of election of said precinct, as here- 
inafter further provided. 

Section 10. The ballot or ballots to be delivered or 
marked by such absent voter shall be one of the regular of- 
ficial ballots to be used at such election and of each kind of 
such official ballots, if there be more than one kind to be 
voted, beginning with ballot one and following consecutively, 
according to the number of applications for such absent voter 
ballots. The County or City or Town Clerk shall keep a 
record of all ballots so delivered for the purpose of absent 
voting, as well as of ballots, if any, marked before him as 
hereinafter provided, and shall make and deliver to the judge 
of election, to whom the ballots for the precinct are deliv- 
ered, and at the time of the delivery of such ballots, a cer- 
tificate stating the number of ballots delivered or mailed to 
absent voter, as well as those marked before him, if any, 
and the names of the voters to whom such ballots shall be 
delivered or mailed or by whom they shall have been marked, 
if marked before him. 

Section 11. The judges of election, at the opening of 
the polls, shall note on the poll list, when one is required 
by law to be kept, opposite the numbers corresponding to 
the numbers of the ballots issued to absent voters, as shown 
by the certificate of the County or City or Town Clerk, the 
fact that such ballots were issued to absent voters and shall 
reserve said numbers for the absent voters. The notation 
may be made by writing the words, "Absent Voters" oppo- 
site such numbers. 

The judges shall not allow any names to be inserted in 
the poll list or> the lines corresponding to said numbers, ex- 
cept the nam if the elector entitled to each particular num- 
ber accordinfe to the certificate of the County or City or 
Town Clerk, and the number of his ballot. Any so rejected 
shall be placed together with the voter's application and the 
absent voter's envelope provided for the purpose bv the Clerk 
and Recorder or City or Town Clerk which shall be sealed 
and endorsed by the words, "Rejected absent voter ballots" 

numbered and shall put thereon the 'number 

of the ballots given to absent voters according to the County 
or City or Town Clerk's certificate. There shall be a sep- 



KI.KCTION LAWS OF MONTANA 87 

a rate enclosing- envelope for the ballot or ballots of each ab- 
sent voter whose ballot or ballots may have been rejected 
and such envelopes shall be placed in an envelope together 
with the other ballots and shall not be opened without order 
of a court of competent jurisdiction. 

Section 12. Any qualified elector who is present in his 
county after the official ballots of such county have been 
printed, and who has reason to believe that he will be absent 
from such county on election day, as provided in Section 2, 
may vote before he leaves his county, in like manner as an 
absent voter, before the County or City or Town Clerk or 
some officer authorized to administer oaths and having an 
official seal; and the provisions of this Act shall be deemed 
to apply to such voting. If the ballot be marked before the 
County or City or Town Clerk, it shall be his duty to deal 
with it in the same manner as if it had come by mail. 

Section 13. At any time between the opening and clos- 
ing of the polls on such election day, the judges of election 
of such precinct shall first open the outer envelope only, and 
compare the signature of such voter to such application, 
with the signature to such affidavit. 

In case the judge finds the affidavit is sufficient and 
that the signatures correspond, and that the applicant is then 
a duly qualified elector of such precinct and has not voted 
at such election, they shall open the absent voter's envelope, 
in such manner as not to destroy the affidavit thereon, and 
take out the ballot or ballots therein contained, and without 
unfolding the same, or permitting the same, to be opened or 
examined, shall ascertain whether the stub or stubs is or 
are still attached to the ballot or ballots and whether the 
number thereon corresponds to the number in the County or 
City or Town Clerk's certificate. If so, they shall endorse 
the same in like manner that other ballots are endorsed, 
shall detach the stub, as in other cases, and deposit the ballot 
or ballots in the proper ballot box or boxes, and make in 
their election list and books the proper entries to show such 
elector to have voted. In case such affidavit is found to 
be insufficient or that the said signatures do not correspond, 
or that such applicant is not then a duly qualified elector 
of such precinct, such vote shall not be allowed, but without 
opening the absent voter envelope, the judges of such election 
shall mark across the face thereof "rejected as defective," 
or "rejected as not an elector," as the case may be. The 
absent voter envelope, when such absent vote is voted, and 
the absent voter envelope with its contents, unopened, when 
such absent vote is rejected, shall be deposited in the ballot 
box containing the general or party ballots, as the case may 
be, retained and preserved in the manner by law provided 
for the retention and preservation of official ballots voted 
at such election. If upon opening the absent voter's envelope, 



88 ELECTION LAWS OF MONTANA 

it be found that the stub of any ballot has been detached, 
or that the number thereon does not correspond to the num- 
ber in the County or City or Town Clerk's certificate of the 
number issued to such absent voter, the ballot shall be re- 
jected and it shall then and there, and without looking at 
the face thereon, be marked on the back, "rejected on the 

ground of ," filling the blank with the 

statement of the reason of the rejection; which statement 
shall be dated and signed by the majority of the judges. 
The ballot or ballots so rejected together with the absent 
voter's envelope bearing the application and the said applica- 
tion shall all be enclosed in an envelope which shall be then 
and there securely sealed and on such envelope the judges 
shall write or cause to be written (if not already printed 
thereon) the words, "rejected ballot of absent voter" (writ- 
ing in the name of the elector.) "The rejected ballot or bal- 
lots is or are ." The judges shall designate the 

rejected ballot as "General ballot" if it be a ballot for candi- 
dates that be rejected. If the rejected ballot be a one put 
on a question submitted to the vote of the electors, the 

judges shall designate such ballot as Ballot Question No. 

in the certificate on the envelope. There shall be a separate 
enclosing envelope for the ballot or ballots of each absent 
voter whose ballot or ballots may have been rejected and 
such enclosing envelope shall be placed in the envelope in 
which the other ballots voted or required to be placed and 
shall not be opened without an order of a court of competent 
jurisdiction. The County or City or Town Clerk shall pro- 
vide and have delivered to the judge of election, suitable 
envelopes for enclosing rejected absent voters' ballots. 

Section 14. Whenever the County or City or Town 
Clerk shall mail the envelope containing an absent voter's 
envelope and ballots, as provided in this Act, to a judge of 
election, he shall place thereon the proper postage and the 
proper stamp or stamps and the proper markings to secure 
the transmission and delivery thereof, as a special delivery 
letter in accordance with the postal laws of the United States 
and the regulations of the United States postoffice. 

Section 15. Any qualified elector who has marked his 
ballot as hereinbefore provided, who shall be in his precinct 
on election day, shall be permitted to vote in person, pro- 
vided his said ballot has not already been deposited in the 
ballot box. 

Section 16. In case any elector who shall have marked 
his ballot as an absent voter, as in this Act provided, shall 
appear at the voting place of his precinct on election day, 
before his ballot or ballots shall have been deposited in the 
ballot box, his envelope containing his ballot shall if he so 
desires, be opened in his presence, and the ballot or ballots 
found therein, shall be deposited in the ballot box, as herein- 



ELECTION LAWS OF MONTANA 89 

before provided. If such elector shall ask for a new ballot 
or ballots with which to vote, he shall be entitled to the 
same, but in such case his absent voter envelope shall not be 
opened, and the judges shall mark, or cause to be marked, 
across the face thereof, "unopened because voter appeared 
and voted in person," and then deposit in the said envelope, 
unopened in the ballot box. If the envelope containing the 
absent voter ballot shall have been marked, "rejected as de- 
fective," and deposited in the ballot box, such elector so ap- 
pearing shall have the same right to vote as if Jie had not 
attempted to vote as an absent voter. If voting machines 
are there used, he shall vote by machine, as other voters. 

Section 17. If the aforesaid envelope, containing an ab- 
sent voter ballot shall have been deposited, unopened, in the 
ballot box, the said envelope shall not be opened, without an 
order of a court of competent jurisdiction. 

Section 18. If any person shall wilfully swear falsely 
to any affidavit in this Act provided for, he shall, upon con- 
viction thereof, be deemed guilty of perjury and shall be 
punished as in such cases by law provided. If the County or 
City or Town Clerk or any election officer shall refuse or 
neglect to perform any of the duties prescribed by this Act, 
or shall violate any of the provisions thereof, or if any offi- 
cer taking the affidavit provided for in Section 5 shall make 
any false statement in his certificate thereto attached, or 
look at any mark or marks made by the voter upon any 
such ballot, or permit or allow any other person to be present 
at the marking of any such ballot by the voter, or to see any 
mark or marks made thereon by the voter, he shall be 
deemed guilty of a misdemeanor and shall be punished by a 
fine not exceeding five hundred dollars or by imprisonment 
in the county jail not exceeding six months, or by both such 
fine and imprisonment. 

Section 19. In and for precincts where voting machines 
are to be used, the County or City or Town Clerk shall cause 
to be printed and shall provide ballots in the regular form 
of printed ballots and sufficient printed ballots and suffi- 
cient in number for possible absent voters and also poll books 
and ballot boxes such as lists required for the precincts in 
which printed ballots are used. Absent voters' ballots re- 
ceived in such precincts shall be cast as in this Act provided 
and all provisions of this Act and of the Election Laws shall 
apply to the casting, canvassing, counting and returning of 
such ballots and votes except as herein otherwise provided. 
In making the canvass the votes cast by absent voters shall 
be added by the judges of election to the votes cast on the 
voting machines, and the results determined and reported 
accordingly. 



90 ELECTION LAWS OF MONTANA 

Section 20. In case any elector who shall have taken 
advantage of the provisions of this Act, and marked his bal- 
lot as an absent voter, as in this Act provided, shall not leave 
his county, or shall return thereto on or before election day, 
and in time to allow him to go to the polls, to-wit, to the 
voting place in his precinct and to be admitted therein be- 
fore the close of the polls, it shall be his duty so to go to the 
said voting place and to present himself to the judges of 
election at said voting place, and if he shall wilfully neglect 
so to do, he shall be deemed guilty of a misdemeanor and, 
upon conviction thereof, shall be punished by a fine of not 
more than one hundred dollars or by imprisonment not more 
than thirty days in the county jail, or by both such fine and 
imprisonment. If such an elector so appears, the judges 
of election shall note in the poll books and lists the fact of 
his appearance, as well as whether or not he voted in person. 
Section 21. If any elector of this State or any other 
person or any officer shall, in any matter connected with 
voting outside of the State under the provisions of this law, 
m any manner violate any of the provisions of this Act or 
of any of the election or penal laws of this State applicable 
to voting under this Act, in such manner that such violation 
would constitute an offense if committed within the State, 
then and in such case such elector, person or officer shall be 
deemed guilty of a like offense and be punishable to the 
same extent and in the same manner as if the act, omission 
or violation had been committed within this State, and may 
be prosecuted in any county in this State ; provided, however, 
that if the defendant or one of several defendants be a resi- 
dent of the State, he may have the case removed to the county 
in which the ballot was cast, or was to be cast, if not, in fact 
cast ; and provided, further, that the court may order any such 
case removed to such county, subject always to the power of 
the court of any county to grant a change of venue as in other 
cases. 



ABSENT VOTERS' LAW. 

Extraordinary Session, 1918— Chapter 18. 

An Act to Provide a Method of Voting at Any General 
Election Held Within the State of Montana by Duly Quali- 
Sf-i - an £ , Re g lsterec l Electors Absent From the County 
Within Which Such Electors Reside, and Who Are in the 
Actual Military Service of the State of Montana, or the 
Government of the United States or in the Actual Service 
of the National Red Cross Association, the Young Men's 
Christian Association, the Young Women's Christian As- 
sociation, the Knights of Columbus, or Any Similar Or- 
ganization Auxiliary to the Army and Navy and Recog- 



ELKITION LAWS OF MONTANA 91 

nized by the Government of the United States, and Pro- 
viding Penalties for the Violation of the Provisions of 
This Act." 
Be It Enacted by the Legislative Assembly of the State of 
Montana: 

Section 1. Any qualified duly registered elector of this 
State, who is absent from the State of Montana and the 
county of which he is an elector on the date of holding any 
general election, and who is in the actual military service 
of the State of Montana or of the United States in the army 
or navy thereof, or who is in the actual service of the Na- 
tional Red Cross or the Young Men's Christian Association 
or the Young Women's Christian Association or the Knights 
of Columbus or any similar organization auxiliary to the 
army and navy, and recognized by the Government of the 
United States, shall be entitled to vote as fully as if he were 
present at his place of residence in the manner hereinafter 
provided. 

Section 2. Within thirty days after the approval of 
this Act, and each thirty days following, and thereafter not 
later than five days after the general primary election held 
preceding the general election, the County Clerk of each 
and every county within the State of Montana shall make 
out and forward by registered mail to the Secretary of 
State and the Adjutant General of the State of Montana a 
separate list of the names of all persons who are qualified 
registered electors known to him to be in the actual service 
of the army or navy of the State of Montana or of the 
United States of America or any of the organizations men- 
tioned in Section 1 of this Act, and also the names of all 
persons proven to him to be so engaged by the affidavit of 
two qualified electors residing within the county. 

Section 3. It shall be the duty of the Secretary of 
State to prepare and make a general register on cards by 
counties, in which shall be entered the names of the voters 
of this State absent from their respective counties in time 
of war in the actual military service of the State of Mon- 
tana, or of the United States of America, or in the actual 
service of any of the organizations named in Section 1 of 
this Act, from the list of names so certified to the said 
Secretary of State by the County Clerks of the several coun- 
ties of the State of Montana. Said cards in each county 
shall be arranged in alphabetical order of the names of the 
voters ; and shall contain the name and residence and precinct 
of each such voter and the name of the county and city or 
town in which he resides, and so far as can be ascertained 
without prejudice to the military purposes of the Federal 
Government of the place or post of duty at which such elector 
is stationed. 



92 ELECTION LAWS OP MONTANA 

It is hereby made the duty of the Secretary of State 
and the Adjutant General of the State of Montana to secure 
the necessary information to complete such general register 
from the appropriate naval and military authorities or from 
the most accessible source from which said information can 
be obtained. The Secretary of State shall furnish proper 
blanks to the several County Clerks and to the Adjutant 
General for such purpose and such general register shall be 
a public record and shall at all reasonable times be open 
to inspection by any voter in this State. 

It is hereby made the duty of every public officer and 
every citizen to furnish to the Secretary of State such in- 
formation as he may possess relating to such absent voter, 
and any person who shall refuse so to do, or who furnishes 
false information in reference to such absent voters, shall 
be deemed guilty of a felony and shall upon conviction there- 
of be punished by imprisonment in the State prison for not 
less than one year or more than three years. 

Section 4. It is hereby made the duty of the Secretary 
of State, immediately and within twenty-four hours after 
the canvass of the returns for State offices shall have been 
completed of any general primary election, to transmit by 
telegram to each of the several County Clerks of the State 
of Montana the names of any and all candidates of each and 
every political party which may be entitled to be printed on 
the official ballot for the general election to be held within 
the State of Montana. 

Section 5. It is hereby made the duty of the County 
Clerks of the several counties of the State of Montana to 
have prepared and printed the official ballot to be used at 
the general election not more than ten days after the can- 
vass and return of the general primary election and the re- 
ceipt by him from the Secretary of State of the names of 
persons to be printed on the official ballots to be used in 
said general election. 

Section 6. It is hereby made the duty of the Secretary 
of State within ten days after a general primary election to 
notify the County Clerks of the several counties of the State 
of Montana, the number of absent voters as shown by the 
register in this Act provided for, in each of the several coun- 
ties. The County Clerk of each county shall forward to the 
Secretary of State one official ballot for each of said persons 
so absent from the county in which he resides, and which 
said official ballot shall bear endorsed in the proper place as 
provided by law the stamp showing that said ballot is an 
official ballot and shall have stamped across the face thereof 
the words, "Ballot of absent voter engaged in military serv- 
ice." The County Clerk of each county shall not later than 
ten days after he shall have been notified of the result of the 
general primary election held preceding the general election, 



KI.KCTION LAWS OF MONTANA 



9a 



send to the Secretary of State by registered mail, postage 
prepaid, one official ballot, or if there be more than one bal- 
lot to be voted by the elector of such county, one of each 
kind, for each of said voters. 

Section 7. The County Clerk of each county shall cause 
to be prepared and printed a sufficient number of official 
envelopes to be used for voters absent from their counties 
as shown by the general register herein provided for. Upon 
one side of said envelope shall be printed substantially 
in the following form, the following: 



o 
PQ 










u 










c3 






SECRETARY OF STATE. 




Official 

Name 


County... 
Date 


Helena, 


Mont. 



Upon the other side of such envelope shall be printed 
the following: 



OATH OF ELECTOR. 

I do solemnly swear or affirm that I am a citizen of 

the United States and am now of the age of years 

and that I am a resident of the County of , 

State of Montana, and w r as such resident at the time of my 
entry in the military service of the United States and am 
entitled to vote in such county at the general election to be 
held in the State of Montana on the 5th day of November, 
1918. That I am at the present time engaged in the actual 

service of the (here insert the 

branch of service engaged in) and absent from the State of 
Montana by reason of such service and that I will have no 
opportunity to vote in person on that date; and that I have 
not received or offered, do not expect to receive, have not 
paid, offered or promised to pay, contributed, offered or 
promised to contribute to another, to be paid or used in 
money or other valuable thing as compensation or reward for 
the giving or withholding of a vote at this election and have 
not made any promise to influence the giving or withholding 
of any such vote, and that I have not made or become, di- 
rectly or indirectly, interested in any bet or wager depending 
upon the result of this election. 



Signature of Elector. 



94 ELECTION LAWS OF MONTANA 

I, the undersigned, do hereby certify that the affiant 
whose name is subscribed to the foregoing affidavit was 
sworn to by and before me and that said affiant exhibited 
to me the enclosed ballot (or ballots) for inspection before 
marking and that the same was (or were) then unmarked, 
and that he then, in the presence of myself and in the pres- 
ence of no other person and in such manner that I could not 
see his vote, marked said ballot or ballots; and enclosed and 
sealed the same in this envelope; that the affiant was not 
solicited or advised by me to vote for or against any candi- 
date or measure. 



Section 8. Any such voter shall sign the oath and 
statement provided for in the preceding section before a per- 
son authorized to administer an oath as in this Act provided, 
and may do so at any place in which the elector may be 
present and such elector shall thereupon in the presence of 
such person authorized to administer an oath and no other 
person, mark such ballot or ballots in such manner that 
such person cannot see the vote on such ballot or ballots, 
which shall thereupon in the presence of such person be 
folded by the voter so the ballot will be separate so as to 
seal the vote, and shall be, in the presence of such person, 
placed in said envelope without detaching any stub or stubs 
and the said envelope securely sealed. The person before 
whom such envelope is sealed shall append his signature and 
title at the end of the certificate herein provided, said en- 
velope shall be mailed by such absent voter, postage prepaid 
to the Secretary of State of Montana. 

Section 9. Every elector authorized by the provisions 
of this Act may cast his ballot at any time before 6 o'clock 
p. m. of the day on which said general election will be held. 

Section 10. The Secretary of State shall within forty- 
eight hours after the receipt of the official ballots and en- 
velopes, as provided for in this Act from the several County 
Clerks, cause the official ballot or ballots and envelopes so 
received, to be enclosed in a separate envelope and addressed 
to the qualified elector to be delivered to the Adjutant Gen- 
eral of the State of Montana who shall cause to be depos- 
ited in the United States mail such ballot addressed to such 
qualified electors, to be forwarded to them through such 
channels and in such manner as may have been directed by 
the military authorities of the Government of the United 
States and by such means as shall in the judgment of the 
Adjutant General of the State of Montana be best suited to 
secure their safe and timely delivery for the use of the 
voters. 

Section 11. Upon receipt of the envelope containing 
the ballot of any elector by the Secretary of State, he shall, 
if the same be received by him five days before the date 



ELECTION LAWS OF MONTANA 

of the genera] election, forward the same unopened in a 
large envelope by registered mail to the County Clerk of the 
county in which such elector resides and the County Clerk 
of the county in which such elector resides shall forthwith 
enclose the same unopened in a larger envelope which shall 
be securely sealed and endorsed with the name of the proper 
voting precinct, the name and official title of such Clerk 
and the words "this envelope contains an absent voter ballot 
and must be opened only on election day and at the polls 
when the same are opened," and such Clerk shall safely keep 
the same in his office until same is delivered or mailed by 
him to the judges of election of the precinct in which such 
absent voter resides, as provided by this law. 

Section 12. If the envelope containing the vote of an 
absent voter be received by the Secretary of State on or 
after five days preceding the day of general election, and 
on or before the first Monday in December following the 
general election, such envelope containing the ballot of such 
absent voter shall by said Secretary of State unopened be 
deposited with the State Treasurer, who shall retain the 
envelopes containing such ballots until the first Monday in 
December, succeeding the general election. On the first 
Monday of December, the State Canvassing Board shall con- 
vene at the State Capitol and shall in public, at the hour of 
12 o'clock noon open the envelopes and packages so re- 
ceived and proceed to canvass said vote for all persons or 
measures voted for in the manner provided by law. The 
State Board of Canvassers shall cause to be transmitted by 
the Secretary of State to the County Clerks of each county 
a complete statement of the votes cast for each person as 
shown by the canvass of said vote, and the vote so received 
by each candidate shall be added to the total vote received 
by said person, as shown by the County Board of Canvassers, 
or the State Board of Canvassers. 

Section 13. If the envelope containing the vote of an 
absent voter be received by the Secretary of State after the 
first Monday in Decemebr following the general election, and 
on or before the fourth Monday in December following the 
general election, such envelope containing the ballot of such 
absent voter shall by the Secretary of State unopened be 
deposited with the State Treasurer, who shall retain the en- 
velopes containing such ballots until the fourth Monday in 
December succeeding the general election. On the fourth 
Monday of December following the general election, the State 
Canvassing Board shall convene at the State Capitol and shall 
in public at the hour of 12 o'clock noon open the envelope 
and packages so received and proceed to canvass said vote 
for all persons or measures voted for in the manner pro- 
vided for by law. The State Board of Canvassers shall 
cause to be transmitted by the Secretary of State to the 



96 ELECTION LAWS OP MONTANA 

County Clerks of each county a complete statement of the 
votes cast for each person as shown by the canvassing of 
said vote and the vote so received by each candidate shall 
be added to the total vote received by said person as shown 
by the prior official canvass. At the meeting of the State 
Canvassing Board on the first Monday in December follow- 
ing the general election and on the fourth Monday in De- 
cember following the general election, the State Canvassing 
Board shall proceed to canvass such statements and returns 
of the absent voters' ballots herein provided for and shall 
from such statements and returns, together with the state- 
ments and returns theretofore made of such election, make 
new and separate statements of the votes cast in each county 
or any part thereof as shown by the canvass of such vote 
and shall complete their canvass and make the statements 
provided for in this Act, and they shall not until the fourth 
Monday in December following the general election finally 
determine the result of the election, but nothing herein shall 
prevent any County Board of Canvassers or State Board of 
Canvassers from proceeding as provided by law except as 
to such final determination. Such meeting or meetings ' of 
the Board of County Canvassers or State Canvassers shall 
be deemed a continuation of its regular session. 

Section 14. The County Board of Canvassers of each 
county of the State shall convene at the county seat of their 
respective counties on the last day of December or as soon 
as the final returns shall have been received from the Secre- 
tary of State, but not later than the Saturday preceding the 
first Monday in January following the general election and 
shall from the returns theretofore canvassed by them, to- 
gether with such statements and returns as shall have been 
received from and certified to by the Secretary of State of 
Montana make new and separate statements of the votes 
cast in such county or any part thereof and shall complete 
their canvass and make the final statements provided for 
by law, and they shall not until such meeting finally deter- 
mine the result of the election, but nothing herein shall pre- 
vent the County Board of Canvassers from proceeding as 
provided by law for canvassing the returns of such election, 
except as to final determination. Such meeting or meetings 
of the Board of County Canvassers shall be deemed a con- 
tinuation of its regular session. 

Section 15. The County Board of Canvassers and the 
State Board of Canvassers shall each in the determination 
of the number of votes received by any person for any of- 
fice, add the total number of votes received by such person 
at the general election and canvassed by said Boards in the 
manner provided by law, the number of votes received by 
any such person as canvassed by the State Board of Can- 
vassers and the total number of votes so received by any 



FLECTION LAWS OF MONTANA 97 

person as a candidate for any office of the State of Montana, 
shall be the number of votes declared and determined by 
the County Hoard of Canvassers or the State Board of Can- 
vassers, and they shall thereupon declare such person elected 
as shown by such vote and shall order issued thereto certifi- 
cates of election. 

Section 16. No statement of returns or any ballot of 
an absent voter, as provided in this Act, which shall not have 
been made or canvassed prior to or on the fourth Monday of 
December succeeding: the general election, shall be canvassed 
or affect the result of such an election; and no return or 
statement not received by the County or State Boards of 
Canvassers at their meetings herein provided for shall be 
thereafter canvassed or affect the result of such election. 

Section 17. Persons authorized to administer oaths and 
before whom an elector may mark his ballot as hereinabove 
provided shall be: Any commissioned officer of the army 
or navy of the United States, any person in charge of a 
section, camp or detachment of any of the auxiliary organi- 
zations mentioned in Section 1 of this Act, or any person 
authorized to administer oaths by the laws of this State or 
of the United States or of the country in which the elector 
may be and marks his ballot. 

Section 18. No mere informality in the matter of carry- 
ing out or executing the provisions of this Act shall invali- 
date the election or authorize the rejection of the returns 
thereof and the provisions of this Act shall be liberally con- 
strued for the purposes herein expressed and intended. All 
the provisions of the penal law of the State of Montana re- 
lating to crime against the elective franchise shall be deemed 
to apply to the provisions of this Act. 

Section 19. All ballots received by the Secretary of 
State and canvassed under this Act shall be securely sealed 
in separate packages and retained by him subject to the 
order of any court of competent jurisdiction. 

Section 20. The Secretary of State shall cause this Act 
to be printed in suitable form and a copy thereof to be for 
warded with the ballot to each person entitled to vote under 
the provisions of this Act. 

Section 21. Nothing in this Act shall be deemed to 
repeal or amend any of the provisions of law now existing 
relating to elections, but this Act shall be construed as sup- 
plementary to all such laws and designed to carry into effect 
the purposes herein expressed, but in case of conflict or ap- 
parent conflict, the provisions of this Act shall, within its 
scope and purpose, prevail. 



98 ELECTION LAWS OF MONTANA 

CANVASSING AND RETURNING THE VOTE. 

Code Provisions. 

(Sections refer to Revised Codes of 1907; sections in 
brackets refer to Codes of 1895.) 

Section 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. 

Section 573. (Sec. 1401.) Mode of Canvassing. The 
canvass must commence by a comparison of the poll lists 
from the commencement, and the correction of any mistakes 
that may be found therein, until they are found to agree. 
The judges must then take out of the box the ballots un- 
opened, 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 pre- 
sent 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 consider- 
ing the appearance of 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. 

Section 574. (Sec. 1402.) Where Ballots Are in Excess 
of Names on Check Lists. If the ballots are found to ex- 
ceed 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. 

Section 575. (Sec. 1403.) What Ballots Must Be 
Counted. In the canvass of votes any ballot which is not 
endorsed, 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. 

Section 576. (Sec. 1404.) Ascertaining the Number of 
Votes Cast and Persons Voted For. The ballots and poll lifts 
agreeing or being made to agree, the judges must then pro- 
ceed to count and ascertain the number of votes cast for 
each person voted for. In making such count the ballots 
must be opened singly by one of the judges, and the contents 



ELECTION LAWS OF MONTANA 99 

thereof, while exposed to the view of the other judges, mu I 
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 vol 
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 thereafter . e1 
down, at length and in their proper places in the poll book ■•, 
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. 

Section 577. (Sec. 1405.) Tickets to Be Strung and 
Enclosed in Sealed Envelopes. The ballots, as soon 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. 

Section 578. (Sec. 1406.) Rejected Ballots. Any bal- 
lot 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. 

Section 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. 

Section 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 received by 
them, one of the lists of the persons challenged, 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 securely 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 bal- 
lots voted, including 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 across the seal of each of said envelopes or packages. 
(Act March 5, 1907, Sec. 6; Laws 1907, Chap. 88.) 



100 ELECTION LAWS OP MONTANA 

Section 581. (Sec. 1409.) One of the Judges to Keep 
Certain Papers and the Ballot Box. The judges must sel-ct 
one of their number to retain, open to the inspection of all 
electors, for at least six months, the other list of persons 
challenged, the other tally sheet and poll book. The judge 
so selected must also retain the ballot box. 

Section 582. Custody of Election Returns. The sealed 
envelope containing the check lists, certificates of registra- 
tion, poll books, tally sheets, oaths of election officers; 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 other- 
wise agreed upon. (Act March 5, 1907, Sec. 7; Laws 1907, 
Chap. 88.) 

Section 583. (Sec. 1411.) 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 postoffice nearest the house in which the elec- 
tion for such precinct was held and register and mail the 
same, duly directed to the said Clerk. 

Section 584. Filing of Ballots and Stubs by County 
Clerk. Upon receipt of the packages by the County Clerk, 
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 commenced in some 
tribunal having jurisdiction about such election, he must 
burn such packages, or envelopes, without opening or exam- 
ining their contents. (Act March 5, 1907, Sec. 8 ; Laws 1907, 
Chap. 88.) 

Section 585. Keeping Returns Pending Contest. If. 

within twelve months, there is such a contest commenced, 
he must keep the packages or envelopes unopened and unal- 
tered until it is finally determined when he must, as pro- 
vided in the preceding section, destroy them, unless the same 
are, by virtue of an order of the tribunal in which the con- 
test is pending, brought and opened before it, to the end that 
evidence may be had of their contents, in which event the 
packages or envelopes and their contents are in the custody 
of such tribunal. (Act March 5, 1907, Sec. 9; Laws 1907, 
Chap. 88.) 

Section 586. Disposition of Returns Prior to Canvmss 
of Vote. The envelopes containing the check lists, certm 
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 meets for the purpose of canvassing 



ELECTION LAWS OF MONTANA 101 

the returns, when he must produce them before such Bonrd, 
where the same shall be opened. (Act March 5, 1907, Sec. 
10; Laws 1907, Chap. 88.) 

Section 587. (Sec. 1415.) Clerk to File in His Office 
Books, Papers, Etc. As soon as the returns are canvassed, 
the Clerk must file in his office the poll book, lists, and the 
papers produced before the Board from the packages men- 
tioned in the next preceding section. 



CHAPTER 12. 

Laws 1915. 

"An Act to Facilitate the Publication of Election Returns." 
Be It Enacted by the Legislative Assembly of the State of 
Montana: 

Section 1. In sending out election supplies to each pre- 
cinct for each general election it shall be the duty of the 
County Clerk in each county to send with such supplies not 
less than six printed forms, with a return envelope, for the 
use of judges of election in transmitting election returns for 
public information. Said printed forms shall be in ballot 
form on tinted paper, and the name of each candidate and 
each proposition voted on shall be printed on said bhnk. 
Brief instructions for the use of said blank, as contained in 
this Act, shall also be printed on said blank. 

Section 2. As soon as all of the ballots have been 
counted in any precinct it shall be the duty of the electi m 
judges to correctly copy the total vote cast for each candi- 
date and the total vote cast for and against each proposition 
on the blanks furnished by the County Clerk, as provided in 
Section 1 of this Act. 

Section 3. One of said blanks, properly filled out, shall 
be posted forthwith at the polling place ; and one copy, cor- 
rectly filled out, shall be sent by mail or by messenger, 
when the same can be done without expense, to the County 
Clerk. Said copy may be sent by the same messenger carry- 
ing the official election returns, but the same shall not be 
enclosed or sealed with the other returns. 

Section 4. Any judge of election, or other officer, who 
shall fail or refuse to comply with the provisions of this 
Act, shall be deemed guilty of a misdemeanor and upon con- 
viction thereof shall be fined in any sum not exceeding Fiftv 
Dollars ($50.00.) 



102 ELECTION LAWS OF MONTANA 

CANVASS OF RETURNS— DECLARATION OF RESULT. 
COMMISSIONS AND CERTIFICATES OF ELECTION. 

Code Provisions. 

(Sections refer to Revised Codes of 1907; sections in 
brackets refer to Codes of 1895.) 

Section 588. (Sec. 1430.) Meeting of County Commis- 
sioners to Canvass Returns. The Board of County Commis- 
sioners of each county is ex-officio a Board of County Can- 
vassers for the county, and must meet as a Board of County 
Canvassers at the usual place of meeting of the County Com- 
missioners within ten days after each election at 12 o'clock 
noon, to canvass the returns. 

Section 589. (Sec. 1431.) In Case of Absence, Certain 
County Officers to Act. If at the time and place appointed 
for such meeting, one or more of the County Commissioners 
should not attend, the place of the absentees must be sup- 
plied by one or more of the following county officers, wh^se 
duty it is to act in the order named, to-wit: The Treasurer, 
the Assessor, the Sheriff, so that the Board of County Can- 
vassers shall always consist of three acting members. The 
Clerk of the Board of County Commissioners is the Clerk of 
the Board of County Canvassers. 

Section 590. (Sec. 1432.) Canvass to Be Postponed, 
When. If at the time of meeting the returns from each 
precinct in the county in which polls were opened have been 
received, the Board of County Canvassers must then and 
there proceed to canvass the returns ; but if all the return? 
have not been received the canvass must be postponed fro^n 
day to day until all of the returns are received, 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 evidence, 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.) 

Section 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 each propo- 
sition voted upon at such election, and declaring the result 
thereof. In canvassing, no returns must be rejected if it 






ELECTION LAWS OF MONTANA 103 

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 certificates in the poll books, or 
to do or perform any other act in making up the returns, 
that is not essential to determine 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 re- 
turns are. 

Section 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 record 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 proposi- 
tions. 

5. The number of votes given in the county to each 
of such persons, and for and against each of such propo- 
sitions. 

Section 593. (Sec. 1435.) Duties of Canvassing Boards 
— Tie Vote for State Senator or Representative. The Board 
must declare elected the person having the highest number 
of votes given for each office to be filled by the votes of a 
single county or a subdivision thereof, and in the event of 
two or more persons receiving an eoual and sufficient num- 
ber of votes to elect to the office of State Senator or mem- 
ber 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 Bo?r:l 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 persons receive an eoual and sufficient number of 
votes to elect to the same office, then, and in that event, 
the Board shall certify such facts to the Governor. (Ap- 
proved March 4, 1909; Laws 1909, Chap. 84.) 

Section 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 (ex- 
cept to the person elected District Judge) a certificate of 
election signed by him and authenticated with the seal of 
the Board of County Commissioners. 

Section 595. (Sec. 1437.) Returns for Joint Members 
of House of Representatives. When there are members of 
the House of Representatives voted for, bv the electors of 
a district composed of two or more counties, each of the 



104 ELECTION LAWS OF MONTANA 

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. 

Section 596. (Sec. 1438.) How Transmitted. The 
Clerk must seal up such abstract, indorse it "Election Re- 
turns," 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 coun- 
ties composing such district. 

Section 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, together 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.) 

Section 598. (Sec. 1440.) State Returns, How Made. 
When there has been a general or special election for 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 
voter of his county is made out and entered upon the records 
of the Board of Countv Commissioners, must make a certi- 
fied abstract of so much thereof as relates to the votes given 
for persons for said offices to be filled at such election. 

Section 599. (Sec. 1441.) How Transmitted. The Clerk 
must seal up such abstract, endorse it "Election Returns," 
and without delay transmit it by mail, registered, to the 
Secretary of State. 

Section 600. (Sec. 1442.) State Canvassers, Who Com- 
prise, When to Meet. On the first Monday of December 
after the day of election, at 12 o'clock noon, the State Au- 
ditor, 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. 

Section 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 



ELECTION LAWS OF MONTANA 10fc 

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 Can- 
vassers of the delinquent county, and such Clerk must fur- 
nish 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 travel- 
ing expenses necessarily incurred. 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. 

Section 602. (Sec. 1444.) Governor to Issue Commis- 
sion. 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 Secretary 
of State must issue the commission. 

Section 603. (Sec. 1445.) Tie Vote on State Officers. 
In case of a tie vote for State officers, as specified in Sec- 
tion 457 (1171) of this Code, it is the duty of the Secretary 
of State to transmit to the Legislative Assembly, at its next 
regular session, a certified copy of the statement showing 
the vote cast for the two or more persons having an equal 
and the highest number of votes for any State office. 

Section 604. (Sec. 1446.) Tie Vote on Judicial Offi- 
cers. 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. 

Section 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 Secre- 
tary of State must transmit to the Governor a certified state- 
ment showing the vote cast for such persons voted for, and 
in case of a failure to elect, by reason of a tie vote, or other- 
wise, the Governor must order a special election. 

Section 606. (Sec. 1448.) Defect in Form of Returns 
to Be Disregarded. No declaration of the result, commis- 
sion or certificate must be withheld on account of any de- 
fect or informality in the return of any election, if it can, 
with reasonable certainty, be ascertained from such return 
what office is intended and who is elected thereto. 

Section 607. (Sec. 1449.) Dutv 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 suffi- 



106 ELECTION LAWS OF MONTANA 

cient number of copies of this title, and such other provi- 
sions of law as bear upon the subject of election, 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. 

Section 608. (Sec. 1450.) Penalties. The penalties for 
the violation of this title are prescribed in Title IV, Part I, 
of the Penal Code. (See Crimes Against Elective Franchise.) 



NOTE — The following is the original law initiated by 
the people and passed at the General Election of 1912, which 
law was repealed by Chapter 27 laws of the Sixteenth Extra- 
ordinary Session: 

PREFERENTIAL PRIMARIES FOR PRESIDENT AND 

VICE PRESIDENT. 

A Bill to Propose by Initiative Petition a Law to Provide for 
the Expression by the People of the State of Montana of 
Their Preference for Party Candidates for President and 
Vice President of the United States, the Election of Dele- 
gates to Presidential Conventions and the Nomination of 
Presidential Electors by Direct Vote. 
Be It Enacted by the People of the State of Montana: 

Section 1. In the years when a President and Vice 
President of the United States are to be elected, the primary 
nominating election shall be held on the forty-fifth day be- 
fore the first Monday in June of said year; and all laws 
pertaining to the nomination of candidates, registration of 
voters and all other things incident and pertaining to the 
holding of the regular biennial nominating election, shall be 
enforced and affected. 

Section 2. When candidates for the offices of President 
and Vice President of the United States are to be nominated, 
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 person 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 sup- 
porters in Montana without said persons themselves signing 
any petition or acceptance. The names of persons in such 
political party who shall be presented by petition of their 
supporters for nomination to be party candidates for the 
office of President or Vice President of the United States, 



ELECTION LAWS ok MONTANA L07 

shall be printed on the nominating official ballot, and the 
ballots shall be marked, and the votes shall be counted, can- 
vassed and returned in like manner and under the same con- 
ditions as to names, petitions and other matters, as far as the 
same are applicable, as the names and petitions 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 be marked, tiled, counted, canvassed and re- 
turned. 

Section 3. The members of the political parties subject 
to this law shall elect their party delegates to their national 
conventions for the nomination of their party candidates 
for President and Vice President of the United States, and 
shall nominate candidates for their party Presidential Elect- 
ors at snch 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 Presi- 
dent. 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 electiton for Representative in Con- 
gress ; 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 nomina- 
tion of one aspirant, and no more, for the office of Presiden- 
tial Elector as the candidate of his party. A number of 
such candidates equal to the number of delegates to be 
elected by each party which is subject to the provisions of 
this law, receiving, respectively, each for himself, the highest 
number of votes for such office, shall be thereby elected. 
Every political party subject to 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 elected; that number of aspir- 
ants in every such party who shall receive, respectively, each 
for himself, the highest 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. 

Section 4. Every delegate to a national convention of 
a political party recognized as such organization by the laws 
of Montana, shall receive from the State treasury the amount 
of his traveling expenses necessarily spent in actual attend- 
ance upon said convention, as his account may be audited and 
allowed by the Secretary of State, but in no case to exceed 



108 ELECTION LAWS OF MONTANA 

two hundred dollars for each delegate; Provided, that such 
expenses shall never be paid to any greater number of dele- 
gates 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 Montana in the year 1912. The election of such 
national delegates for political parties not subject to the 
Direct Primary Nomination Election Law shall be certified 
in like manner as nominations of candidates of such political 
parties for elective public offices. Every such delegate to 
a national convention to nominate candidates for President 
and Vice President shall subscribe to an oath of 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 time of his election. 

Section 5. The committee or organization which shall 
file a petition to place the name of any person on the nom- 
inating 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 mem- 
bers of their party in Montana and in the Nation as its can- 
didate. 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 campaign 
book, at a cost of one hundred dollars per printed page, to 
set forth his reasons therefor. 

Section 6. Every person regularly nominated by a 
political party, recognized as such by the laws of 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 cam- 
paign 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 President 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 



ELECTION LAWS OF MONTANA 109 

the ten per cent of one year's salary that each candidate is 
allowed to spend for campaign purposes. 

Section 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.) 



ELECTION FOR ELECTORS OF PRESIDENT AND VICE 

PRESIDENT. 

Code Provisions. 

(Sections refer to Revised Codes of 1907 ; the sections in 
brackets refer to Codes of 1895.) 

Section 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 President 
and Vice President of the United States, there must be 
elected as many Electors of President and Vice President 
as this State is entitled to appoint. 

Section 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. 

Section 628. (Sec. 1462.) Duty of Governor. The 

Governor 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. 

Section 629. (Sec. 1463.) Meeting of Electors. The 
Electors chosen must assemble at the seat of government on 
the second Monday in January next after their election, at 
2 o'clock in the afternoon. 

Section 630. (Sec. 1464.) Vacancies, 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, 
the Electors then present must elect, from the citizens of 
the State, so many persons as will supply such deficiency. 

Section 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. 

Section 632. (Sec. 1466.) Separate Ballots for Presi- 
dent 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. 



110 ELECTION LAWS OF MONTANA 

Section 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. 

Section 634. (Sec. 1468.) Results to Be Transmitted 
as Provided by Law of the United States. They must cer- 
tify, seal up, and transmit such lists in the manner pre- 
scribed by the constitution and laws of the United States. 

Section 635. (Sec. 1469.) Compensation of Electors. 
Electors receive the same pay and mileage as is allowed to 
members of the Legislative Assembly. 

Section 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. 



ELECTION FOR SENATORS IN CONGRESS. 

Section 637. (As amended by Chapter 134, L ( aws 1917.) 
The election of Senators in Congress of the United States 
for full terms must be held on the first Tuesday after the 
first Monday in November next preceding the commence- 
ment of the term to be filled; and the elections of Senators 
in Congress of the United States to fill vacancies therein 
must be held at the time of the next succeeding general State 
election following the occurrence of such vacancy; if any 
election therefor be invalid or not held at such time then the 
same shall be held at the second succeeding general State 
election. Nominations of candidates and elections to the of- 
fice shall be made in the same manner as is provided by law 
in case of Governor. 

(As amended by Chapter 126 of the Laws of the Four- 
teenth Legislative Assembly.) 

Section 638. When a vacancy happens in the office of 
one or more Senators from the State of Montana in the 
Congress of the United States, the Governor of this State 
shall issue, under the seal of the State, a writ or writs of 
election, to be held at the next succeeding general State 
election, to fill such vacancy or vacancies by vote of the 
electors of the State; provided, however, that the Governor 
shall have power to make temporary appointments to fill 
such vacancy or vacancies until the electors shall have filled 
them. 



ELECTIONS FOR REPRESENTATIVES IN CONGRESS. 

Section 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, 



ELECTION LAWS OF MONTANA HI 

there must be elected for each Congressional district one Rep- 
resentative to the Congress of the United States. 

(Note — Montana is now entitled to two Representatives 
in Congress.) 

Section 640. (Sec. 1491.) Returns, How Made. The 
vote for Representative in Congress must be canvassed, cer- 
tified to and transmitted in the same manner as the vote for 
State officers. 

Section 641. (Sec. 1492.) Certificates Issued by Gov- 
ernor. The Governor must, upon the receipt of the state- 
ment mentioned in Section 600 (1442), transmit to the per- 
son elected a certificate of his election, sealed with the great 
seal and attested by the Secretary of State. 



APPORTIONMENT AND REPRESENTATION. 

(Constitutional Provisions.) 

ARTICLE VI. 

Section 1. One Representative in the Congress of the 
United States shall be elected from the State at large, the 
first Tuesday in October, 1889, and thereafter at such times 
and places, and in such manner as may be prescribed by 
law. When a new apportionment shall be made by Congress 
the Legislative Assembly shall divide the State into Con- 
gressional districts accordingly. 

Section 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 ses- 
sion 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 basis of such enumeration ac- 
cording to ratios to be fixed by law. 

Section 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 com- 
pact as may be. No county shall be divided in the forma- 
tion of representative districts. 

Section 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.) 



CHAPTER 44, LAWS 1917. 

"An Act Dividing the State Into Two Congressional Districts 
and Amending Section 47, Montana Revised Codes, 1907." 

Be It Enacted by the Legislative Assembly of the State of 
Montana: 



112 ELECTION LAWS OF MONTANA 

Section 1. That Section 47 of the Montana Revised 
Codes, 1907, be amended so as to read as follows: 

Section 47. That all that portion of the State of Mon- 
tana lying west of the east boundary of Flathead, Lewis and 
Clark, Broadwater and Gallatin counties, to-wit: the counties 
of Lincoln, Sanders, Mineral, Missoula, Ravalli, Beaverhead, 
Madison, Silver Bow, Jefferson, Deer Lodge, Granite, Powell, 
Flathead, Gallatin, Lewis and Clark, and Broadwater, shall 
constitute the First Congressional District of the State; and 
that all that portion of the State of Montana lying east of 
the east boundary of Flathead, Lewis and Clark, Broadwater 
and Gallatin counties, to-wit: the counties of Hill, Blaine, 
Phillips, Valley, Sheridan, Dawson, Wibaux, Prairie, Rich- 
land, Fergus, Chouteau, Cascade, Meagher, Musselshell, Rose- 
bud, Custer, Fallon, Big Horn, Carbon, Yellowstone, Still- 
water, Sweet Grass, Park, Toole, and Teton, shall constitute 
the Second Congressional District of the State. 

Section 2. Whenever any county is created, comprised 
partly of the territory of both such districts, said county 
shall belong to and become a part of the district to which 
major portion of the territory of said county belonged and 
was a part prior to the creation of such new county. 

ARTICLE V. 
Legislative Department. 

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

Section 3. No person shall be a Representative who 
shall not have attained the age of twenty-one years, or a 
Senator who shall not have attained the age of twenty-four 
years, and who shall not be a citizen of the United States, 
and who shall not (for at least twelve months next preced- 
ing his election) have resided within the county or district 

in which he shall be elected. 

***** 

* 

It shall be the duty of the first Legislative Assembly 
to divide the State into Senatorial and Representative dis- 
tricts, but there shall be no more than one Senator from 
each county. 



REPRESENTATIVE DISTRICTS. 

(Act approved February 21, 1911; Laws 1911, Chapter 

38, p. 67.) 

""An Act to Provide for An Apportionment of Membership 
and Representation of the Several Counties of Montana in 
the House of Representatives of the Legislative Assembly 
of Montana and to Fix the Number of Members Thereof." 



t: LECTION LAWS OF MONTANA 118 

Be It Enacted by the Legislative Assembly of the State of 
Montana: 

Section 1. That after the expiration of the Twelfth 
Legislative Assembly of Montana the membership of the 
House of Representatives of all Legislative Assemblies of 
Montana shall be apportioned among and to the several 
counties of the State upon and according to the official Fed- 
eral census enumeration of the inhabitants of the several 
counties of Montana had and taken by authority of law in 
the year 1910, and upon the ratio of one Representative or 
member therein from each county for each forty-eight hun- 
dred persons in such county or fractional part thereof in 
excess of twenty-four hundred persons ; provided, each coun- 
ty shall be entitled to at least one member. 

Section 2. In accordance therewith each county of the 
State shall be entitled to and shall elect at each biennial 
general State and county election the number of members of 
the House of Representatives in the Legislative Assembly 
of Montana herein below allotted and apportioned to it and 
set opposite its name, as follows, to-wit: 

Beaverhead county one member 

Big Horn county one member 

Blaine county one member 

Broadwater county one member 

Carbon county three members 

Carter county one member 

Cascade county six members 

Chouteau county four members 

Custer county three members 

Dawson county three members 

Deer Lodge county three members 

Fallon county one member 

Fergus county four members 

Flathead county four members 

Gallatin county three members 

Garfield county one member 

Glacier county one member 

Granite county one member 

Hill county one member 

Jefferson county one member 

Lewis and Clark county five members 

Liberty county one member 

Lincoln county one member 

Madison county two members 

McCone county one member 

Meagher county one member 

Mineral county one member 

Missoula county five members 

Musselshell county one member 

Park county two members 



114 ELECTION LAWS OF MONTANA 

Phillips county one member 

Pondera county one member 

Powder River county .....one member 

Powell county one member 

Prairie county one member 

Ravalli county two members 

Richland county one member 

Roosevelt county one member 

Rosebud county _ two members 

Sanders county one member 

Sheridan county ...one member 

Silver Bow county twelve members 

Stillwater county one member 

Sweet Grass county one member 

Teton county two members 

Toole county one member 

Treasure county ...one member 

Valley county three members 

Wheatland county one member 

Wibaux county one member 

Yellowstone county five members 

Section 3. Whenever a new county is created it shall 
have and be entitled to one member of the House of Rep- 
resentatives until otherwise apportioned. 

(Above list brought up to date of issue of this pamph- 
let.) 



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 Mineral, Missoula, Ravalli 
and Sanders — Three 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 Dawson, Wibaux, McCone 
and Richland — One Judge. 

Eighth District, County of Cascade — Two Judges. 

Ninth District, County of Gallatin — One Judge. 

Tenth District, County of Fergus — Two Judges. 

Eleventh District, Counties of Flathead and Lincoln — 
One Judge. 

Twelfth District, County of Chouteau — One Judge. 

Thirteenth District, Counties of Carbon, Big Horn and 
Yellowstone — Two Judges. 



ELECTION laws OP MONTANA L16 

Fourteenth District, Counties of Meagher, Wheatland 
and P.madwator — One Judge. 

Fifteenth District. Counties of Rosebud, Musselshell and 
Treasure — One Judge. 

Sixteenth District, Counties of Custer, Carter, Fallon, 
Garfield, Powder River and Prairie — Two Judges. 

Seventeenth District. Counties of Phillips and Valley — 
One Judge. 

Eighteenth District. Counties of Hill. Liberty and Blaine 
— One .Judge. 

Nineteenth District, Counties of Teton, Glacier, Pondera 
and Toole — One Judge. 

Twentieth District. Counties of Sheridan and Roosevelt 
— One Judge. 



JUDICIAL OFFICERS. 
Justices of the Supreme Court. 

Constitutional Provisions — Article VIII. 

Section 6. The Justices of the Supreme Court shall be 
elected by electors of the State at large, as hereinafter pro- 
vided. 

Section 7. The term of office of the Justices of the 
Supreme Court, except as in this constitution otherwise pro- 
vided, shall be six years. 

Section 8. There shall be elected at the first general 
election, provided for by this constitution, one Chief Justice 
and two Associate Justices of the Supreme Court. At said 
first election, the Chief Justice shall be elected to hold his 
office until the general election in the year one thousand 
eight hundred ninety-two (1892), and one of the Associate 
Justices to hold his office until the general election in the 
year one thousand eight hundred ninety-four (1894), and 
the other Associate Justice to hold his office until the gen- 
eral election in the year one thousand eight hundred ninety- 
six (1896). and each shall hold until his successor is elected 
and qualified. The terms of office of said Justices, and 
which one shall be Chief Justice, shall at the first and all 
subsequent elections be designated by ballot. After said 
f*rs1 election one Chief Justice or one Associate Justice 
shall be elected at the general election every two years, com- 
mencing in the year one thousand eight hundred ninety- 
two ' . and if the Legislative Assemblv shall increase 
the number of Justices to five, the first terms of office of 
such additional Justices shall be fixed by law in such man- 
ner that at least one of the five Justices shall be elected 
every two years. 



11« ELECTION LAWS OF MONTANA 

Section 10. No person shall be eligible to the office 
of Justice of the Supreme Court, unless he shall have been 
admitted to practice law in the Supreme Court of the Ter- 
ritory 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. (Sec. 12.) (As amended by Chapter 31 
of the Laws of the Sixteenth Legislative Assembly, in Ex- 
traordinary Session.) On and after September 1st, 1919, the 
Supreme Court shall consist of a Chief Justice and four As- 
sociate Justices, who shall be elected by the qualified electors 
of the State at large, at the general State elections next 
preceding the expiration of the terms of office of their 
predecessors, respectively, and shall hold their offices for 
the term of six years from and after the first Monday of 
January next succeeding their election. 

2. The first term of office of one of the additional 
Justices of the Supreme Court hereby provided for shall ex- 
tend from the first day of September, 1919, to the first 
Monday of January, 1921; and John Hurley of Valley coun- 
ty, Montana, is hereby named as said Justice of the Supreme 
Court and he shall hold said office for said term. 

3. The first term of office of the other said additional 
Justice of the Supreme Court hereby provided for shall ex- 
tend from the first day of September, 1919, to the first 
Monday of January, 1923; and George Y. Patton of Gallatin 
county, Montana, is hereby named as said additional Justice 
of the Supreme Court, and he shall hold said office for said 
term. 

Section 6245. (Sec. 13.) Computation of Years of 

Office. The years during which a Justice of the Supreme 
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. 

Section 6246. (Sec. 14.) Vacancies. If a vacancy oc- 
curs in the office of a Justice of the Supreme Court, the 
Governor must appoint an eligible person to hold the office 
until the election and qualification of a Justice to fill the 
vacancy, which election must take place at the next succeed- 
ing general election; and the Justice so elected holds the of- 
fice for the remainder of the unexpired term of his prede- 
cessor. 



ELECTION laws OF MONTANA 1 17 

JUDGES OF THE DISTRICT COURTS. 

Constitutional Provisions — Article VIII. 
Section 16. No person shall be eligible to the office of 
Judge of the District Court unless he be at least twenty-five 
years of age and a citizen of the United States, and shall 
have been admitted to practice law in the Supreme Court of 
the Territory or State of Montana, nor unless he shall have 
resided in this State or Territory at least one year next pre- 
ceding his election. He need not be a resident of the dis- 
trict for which he is elected at the time of his election, but 
after his election he shall reside in the district for which he 
is elected during his term of office. 

Code Provisions. 

Section 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. 

***** 

Section 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. 

Section 6268. (Sec. 34.) Computation of Years of Of- 
fice. 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 suc- 
ceeding year. 

Section 6269. (Sec. 35.) Vacancy. If a vacancy oc- 
curs in the office of a Judge of a District Court, the Gov- 
ernor must appoint an eligible person to hold the office until 
the election and qualification of a Judge to fill the vacancy, 
which election must take place at the next succeeding gen- 
eral election, and the Judge so elected holds office for the 
remainder of the unexpired term. 



JUSTICES OF THE PEACE. 

Constitutional Provision — Article VIII. 

Section 20. There shall be elected in each organized 
township of each county by the electors of such township 
at least two Justices of the Peace, who shall hold their of- 
fices, except as otherwise provided in this constitution, for 

the term of tw r o years. 

***** 

Code Provisions. 

Section 6279. (Sec. 60.) Justices' Courts and Justices. 
There must be at least two Justices' Courts in each of the 
organized townships of the State, for which two Justices 



118 ELECTION LAWS OF MONTANA 

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. 

Section 6283. (Sec. 64.) Terms of Office. The term 
of office of Justices of the Peace is two years from the first 
Monday in January next succeeding their election. 

Section 6284. (Sec. 65.) Vacancies. If a vacancy oc- 
curs in the office of a Justice of the Peace, the County Com- 
missioners 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 unconstitutional 
in State ex rel. Holliday v. O'Lieary, 43 Mont. 157, decided 
March 29, 1911.) 



GOVERNMENT OF COUNTIES. 

Constitutional Provisions — Article XVI. 

Section 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 elec- 
tion to be held in November, 1902, (in counties where Com- 
missioners 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 elec- 
tion to be held in November, 1900, one Commissioner 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 of- 
fice 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 November, 1908, one Commissioner shall be elected for a 
term of six years. A vacancy in the Board of County Com- 
missioners shall be filled by the Judge of the judicial dis- 
trict in which the vacancy occurs. (Adopted November 4, 
1902.) 

Section 5. There shall be elected in each county the 
following officers: One County Clerk, who shall be Clerk 
of the Board of County Commissioners and ex-officio Re- 
corder; one Sheriff; 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 Surveyor ; one 
Assessor; one Coroner; one Public Administrator. Persons 
elected to the different offices named in this section shall 



ELECTION LAWS OP MONTANA 119 

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 offices, except that of 
County Commissioners, shall be filled by appointment by the 
Board of County Commissioners, and the appointee shall 
hold his office until the next general election. 

Section 6. The Legislative Assembly may provide for 
the election or appointment of such other county, town- 
ship, precinct and municipal officers as public convenience 
may require, and their terms of office shall be as prescribed 
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. (Sec. 4310.) General Qualification 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 
w'hich the duties of the office are to be exercised or for 
which he is elected. 

Section 2956. (Sec. 4311.) Same for District and 
Township 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 town- 
ship in which the duties of the office are to be exercised or 
for which he is elected. 

Section 2957. (Sec. 4312.) County Officers Enumer- 
ated. 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. 

A Public Administrator. 

An Assessor. 

A County Superintendent of Common Schools. 

A Board of County Commissioners. 

Section 2958. (Sec. 4313.) Township Officers. The 
officers of townships are: Two Justices of the Peace, two 
Constables, and such other inferior and subordinate officers 
as are provided for elsewhere in this Code, or by the Board 
of County Commissioners. 



120 ELECTION LAWS OP MONTANA 

Section 2960. (Sec. 4315.) County and Other Officers, 
When Elected and Terms of Office. All elective 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 succeeding his election, and hold office for two 
years. 

Section 2961. (Sec. 4316.) Election and Terms of 
County Commissioners. The election and terms of office of 
County Commissioners are provided for in the constitution. 

Section 2962. (Sec. 4317.) District Judges and Jus- 
tices of the Peace; Election and Term of Office. The elec- 
tion and terms of office of District Judges and Justices of 
the Peace are provided for in Title I of the Code of Civil 
Procedure. 



CHAPTER 226. 
Laws of the Sixteenth Legislative Assembly. 

"An Act to Provide for the Creation, Organization and Clas- 
sification of New Counties; for Locating County Seats; 
for the Election and Appointment of Officers; for the Ad- 
justment and Fulfillment of the Rights and Obligations 
Arising Between Such New Counties and Other Counties; 
and to Repeal Chapter 139 of the Session Laws of the 
Fourteenth Legislative Assembly of 1915." 

Be It Enacted by the Legislative Assembly of the State of 
Montana: 

Section 1. New counties may from time to time be 
formed and created in this State from portions of one or 
more counties, which shall have been created and in ex- 
istence for a period of more than two years, in the manner 
set forth and provided in this Act; provided, however, that 
no new county shall be established which shall reduce any 
county to an assessed valuation of less than Eight Million 
Dollars, inclusive of all assessed valuation as shown by the 
last preceding assessment; nor shall any new county be 
established which shall reduce the area of any existing 
county from which territory is taken to form such new 
county, to less than twelve hundred (1200) square miles of 
surveyed land, exclusive of all forest reserve and Indian 
Reservations within old counties, nor shall any new county 
be formed which contains an assessed valuation of property 
less than Four Million Dollars, inclusive of all assessed valu- 
ation as shown by the last preceding assessment of the coun- 
ty or counties from which such new county is to be estab- 



ELECTION LAWS OF MONTANA 121 

lished, nor shall any new county be formed which contains 
less than one thousand miles of surveyed land exclusive of 
all forest reserve land, or Indian Reservations, not open for 
settlement, nor shall any line thereof pass within fifteen mih's 
of the courthouse situato at the county seat of the county 
sought to be divided; provided, that such county line may 
be run within a distance of ten miles of a county seat in 
cases where the natural contour of the county, by reason of 
mountain ranges or other topographical conditions, are such 
as to make it difficult to reach the county seat, and in such 
cases a petition signed by at least fifty-eight per cent of 
the voters in the proposed new county shall be presented 
to the Judge of the District Court in which the county af- 
fected is located, asking for the appointment of a commis- 
sion of five disinterested persons who shall determine if the 
topographical conditions are such as to warrant the fixing 
of the county division lines closer than at fifteen miles from 
the county seat, as such boundaries are legally fixed and 
determined at the date of the filing of the petition or peti- 
tions referred to in Section 2 of this Act. 

Every county which shall be enlarged or created from 
the territory taken from any other county or counties shall 
be liable for a pro rata proportion of the existing debts and 
liabilities of the county or counties from which such terri- 
tory shall be taken, and shall be entitled to a pro rata pro- 
portion of the assets of the county or counties from which 
such territory is taken, to be determined as hereinafter pro- 
vided. 

Section 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 the new county is to be formed in 
case said proposed new county is to be formed from but one 
county; or to the Board of County Commissioners of the 
county from which the largest area of territory is proposed 
to be taken for the formation of such new county, in case 
said new county is to be formed from portions of two or 
more existing counties; and such Board of County Commis- 
sioners shall be empowered and have 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 copy of all orders and proceedings had before such 
Board of County Commissioners shall be certified by the 
County Clerk to the Board of County Commissioners of each 
of the several counties from which any territory is taken by 
the proposed new county ; and all officers of any such county 
shall comply with the orders of the Board of County Com- 
missioners in the same manner as if said order had been duly 



122 ELECTION LAWS OF MONTANA 

made by the Board of County Commissioners of each re- 
spective county from which territory is proposed to be 
taken. Such petition shall be signed by at least fifty-eight 
per cent of the qualified electors of the proposed new county, 
whose names appear on the official registration books and 
who are shown thereon to have voted at the last general 
election preceding the presentation of said petition to the 
Board of County Commissioners as herein provided ; provided, 
that in cases where the proposed new county is to be formed 
from portions of two or more counties, separate petition shall 
be presented from the territory taken from each county; 
and each of said separate petitions shall be signed by at 
least fifty-eight per cent of the qualified electors of each 
of said proposed portions. Such signatures need not all be 
appended to one paper but may be signed to several peti- 
tions 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: 

1. A particular description of the boundaries of the 
proposed new county. 

2. A statement that no line thereof passes within fif- 
teen miles of the courthouse situate at the county seat of 
any county proposed to be divided, except as hereinafter in 
this Act provided. 

3. A statement of the assessed valuation of such pro- 
posed county as shown by the last preceding assessment, in- 
clusive of all assessed valuation. 

4. A statement of the surveyed area in square miles 
which will remain in the county or counties from which ter- 
ritory is taken to form such new county, after such county 
is formed, and a statement of the surveyed area in square 
miles which will be in the new county after formed. 

5. The name of the proposed new county. 

6. A prayer that such proposed new county be organ- 
ized into a new county under the provisions of this Act. 

There shall be attached and filed with said petition or 
petitions an affidavit of five qualified electors and taxpay- 
ers residing within each county sought to be divided, to the 
effect that they have read said petition and examined the 
signatures affixed thereto, and they believe that the state- 
ments therein are true, and that it is signed by at least 
fifty-eight per cent of the qualified electors as herein pro- 
vided, of the proposed new county, or of the proposed por- 
tion 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 there- 
to are genuine ; and that each of such persons so signing was 
a qualified elector of such county therein sought to be di- 
vided, at the date of such signing. Such petition or peti- 



. laws OF MON i ANA 123 

tions so verified and the verification thereof Bhall be ac- 
cepted in all proceedings permitted <>r provide^ for in this 

Act, as prima facie evidence of the truth of the matters and 
facts therein set forth. Upon the filing of such petition or 
petitions and affidavits with the Clerk of the said Board of 
County Commissioners, said Clerk shall forthwith fix a date 
to hear the proof of the said petitions and of any opponents 
thereto, which date must be not later than thirty days after 
the filing- of such petition with the Clerk of said Board. 
The County Clerk shall also at the same time designate a 
newspaper of general circulation published in the old ('"un- 
ties, but not within the proposed new county, and also a 
newspaper of general circulation published within the boun- 
daries of the proposed new county, if there be such, in which 
the said County Clerk shall order and cause to be published 
at least once a week for two weeks next preceding the date 
fixed for such hearing, a notice in substantially the follow- 
ing form: 

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 fil 
praying for the formation of a new county out of portions of 

the said ...county and county 

(naming the county or counties of which it is proposed to 
form the new county), and that said petition will be heard 
by the said Board of County Commissioners at its place 
of meetings (designating the city or town and the day and 
hour of the meeting so to be held), and when and where all 
persons interested may appear and oppose the granting of 
said petition and make any objections thereto. 

Dated '. at Montana. 

County Clerk. 

Said petitioners shall on or before the date fixed for 
said hearing, file with the said Board of County Commis- 
sioners a bond to be approved by said Board, in an amount 
of Five Thousand Dollars ($5,000.00) 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 in- 
curred in the election provided for in this Act, not exceed- 
ing the amount specified in said bond, in the event that at 
the election herein provided for more than forty-two per 
cent of the votes cast at said election are "for the new 

county of (naming the proposed new county)" 

"No." 

At the time so fixed for said hearing, the Board of 
County Commissioners shall proceed to hear the petitioners 
and any opponents and protestants upon the petition or pro- 



124 ELECTION LAWS OF MONTANA 

tests filed on or before the time fixed for the hearing. No 
petition or protest or petition for the exclusion of territory- 
shall be considered unless the same is filed at least one day 
before the time fixed for the hearing, and such petition for 
the exclusion of territory shall contain the names of not 
less than fifty per cent of the qualified electors who are 
resident property taxpayers of any territory to be excluded. 
All such territory being excluded must be in one block, and 
contain an area of not less than thirty-six square miles, and 
be totally within one county, and contiguous thereto, and 
the Board of County Commissioners may adjourn such hear- 
ing from time to time, but not for more than ten days after 
the time fixed for the hearing, and shall receive the proof 
to establish or controvert the facts set forth in said petition. 
No withdrawals of signatures to the original petition for the 
creation of a proposed county shall be filed or considered 
which have not been filed with the County Clerk on or be- 
fore the date fixed for the hearing. No withdrawals of any 
signature from the petition for the exclusion of territory 
shall be received or considered which is not filed within five 
days after the filing of the petition for such exclusion of 
territory. 

The Board of County Commissioners on the final hear- 
ing of such petition or petitions shall, by a resolution entered 
on its minutes, determine: 

1. The boundaries of the proposed new county and the 
boundaries so determined by said Board of County Com- 
missioners shall be the boundaries of such proposed new 
county, if it be created as herein provided. 

2. Whether the said petition contains the genuine sig- 
nature of at least fifty-eight per cent of the qualified electors 
of the proposed new county as herein required, or in cases 
where separate petitions are presented from portions of two 
or more existing counties as herein required, whether each 
petition is signed by at least fifty-eight per cent of the 
qualified electors of that portion of each of such existing 
counties which it is proposed to take into the proposed new 
county. 

3. Whether any line of the proposed new county passes 
within fifteen miles of the courthouse situate at the county 
seat of any county proposed to be divided, except as here- 
inbefore in this Act provided. 

4. Whether the proposed new county will contain prop- 
erty, according to the last preceding assessment, which will 
equal in amount at least Four Million Dollars, inclusive of 
all assessed valuation. 



ELECTION LAWS OF MONTANA 1»6 

5. Whether the area of any existing county from which 
territory is taken to form such new county will be reduced to 
less than twelve hundred (1200) square miles of surveyed 
land, by taking; the territory proposed to be taken therefrom 
to form such new county. 

6. Whether the area of the proposed new county will 
contain at least one thousand (1,000) square miles of sur- 
veyed land to form such new county. 

7. The class to which said proposed new county after 
its creation will belong and the name of said proposed new 
county, as stated in such petition. 

8. Whether the area embraced within the proposed new 
county will be reasonably compact. 

On final hearing the Board of Commissioners, upon pe- 
tition of not less than fifty per cent of the qualified electors 
(as shown by the official registration books on the day of 
the filing of any such petition) of any territory lying within 
said proposed new county contiguous to the boundary line 
of the said proposed new county and of the old county from 
which such territory is proposed to be taken, and lying en- 
tirely within a single old county and described in said peti- 
tion, asking that said territory be not included within the 
proposed new county, must make such changes in the pro- 
posed boundaries as will exclude such territory from such 
new county, and shall establish and define such boundaries. 
On final hearing the Board of Commissioners, upon petition 
of not less than fifty per cent of the qualified electors who 
are resident property taxpayers of any territory lying out- 
side said proposed new county, and contiguous to the boun- 
dary line of said proposed new county, and of the old county 
or counties from which such territory is proposed to be in- 
cluded, asking that said territory be included within the pro- 
posed new county, must make such changes in the proposed 
boundaries as will include such territory in such new county, 
and shall establish and define such boundaries; provided, 
however, that the segregation of such territory from any old 
county or counties shall not leave such county or counties 
with less than Eight Million Dollars of assessed valuation, 
based upon the last assessment roll. Provided, that if any 
change or changes so made shall result in reducing the valu- 
ation of the proposed new county to less than an assessed 
valuation of Four Million Dollars, inclusive of all assessed 
valuation; and provided, further, that no change shall be 
made which shall leave the territory so excluded, separate 
and apart from and without the county of which it was for- 
merly 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 



126 ELECTION LAWS OF MONTANA 

originally proposed shall be made except as prayed for in 
said petition or petitions, or to correct clerical errors or un- 
certainties. 

Section 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 territory is taken 
to an assessed valuation of less than Eight Million Dollars, 
inclusive of the assessed valuation, nor the area thereof to 
less than twelve hundred (1,200) square miles of surveyed 
land, and that the proposed new county contains property of 
an assessed valuation of at least Four Million Dollars, inclu- 
sive of all assessed valuation and that the proposed new 
county has an area of at least one thousand (1,000) square 
miles of land, and that no line of said proposed new county 
passes within fifteen miles of the courthouse situate at the 
county seat of any county proposed to be divided, except as 
hereinbefore in this Act provided, and that said petition con- 
tains the genuine signatures of at least fifty-eight per cent 
of the qualified electors of the proposed new county, or in 
cases where separate petitions are presented from portions 
of two or more existing counties (as herein required), that 
each of said petitions contains the genuine signatures of at 
least fifty-eight per cent of the qualified electors of that 
portion of the proposed new county from which it is taken, 
then the said Board of County Commissioners shall divide 
the proposed new county into a convenient number of town- 
ship, road and school districts and define their boundaries 
and designate the names of such districts. Said Board of 
County Commissioners shall also, if necessary for the pur- 
pose of the election hereinafter provided for, change the 
boundaries of the election precincts in said old county or 
counties to make the same conform to the boundaries of the 
proposed new county; provided, that the boundary lines of 
no such precinct shall extend beyond the boundary lines of 
the then existing county in which it is located and from 
which the territory is proposed to be taken ; and said Board 
shall appoint election officers to act at said election and to 
be paid by said Board. Within two weeks after its determi- 
nation of the truth of the allegations of said petition as 
aforesaid, the said Board of 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 days nor 
more than one hundred and twenty days thereafter, for the 
purpose of determining whether such territory shall be es- 
tablished and organized into a new county; and for the elec- 
tion of officers and location of a county seat therefor, in 
case the vote at such election shall be in favor of the estab- 
lishment and organization of such new county. All qualified 
electors residing within the proposed new county who are 



ELECTION LAWS OP MONTANA 127 

qualified electors of the county or counties from which ter- 
ritory is taken to form such proposed new county, and who 
have resided within the limits of the proposed county for 
a period of more than six months next preceding the day 

of election, and who are registered under the provisions of 
the registration laws of the State, shall be entitled to vote at 
said election. Registration and transfers of registration 
shall he made and shall close in the manner and at a time 
provided by law for registration and transfers of registra- 
tion for a general election in the State of Montana. Such 
proclamation and notice of election shall be published at 
least once a week for three weeks before the holding of such 
election, in some newspaper of general circulation published 
in the territory which is proposed to be taken for the new 
county, and a copy thereof shall be mailed immediately by 
the County Clerk of the county in which the petition is filed 
to the County Clerk of each county from which territory is 
taken for the proposed new county. Such proclamation and 
notice shall require the voters to cast ballots which shall 

contain the words, 'Tor the new county of .' 

(giving the name of the proposed new 7 county)" "Yes," and 

"For the new county of (giving the name 

of the proposed new r county)" "No," and each voter desiring 
to vote for the establishment and organization of said new 
county shall mark a cross (X) opposite the words, "For the 

new county of " "Yes" in the manner now 

required by law in other elections, and each voter desiring to 
vote against the establishment and organization of said new 
county shall mark a cross (X) opposite the words, "For the 

new county of " "No" in the manner now 

required by law in other elections ; and shall also contain the 
names of persons to be voted for to fill the various elective 
offices designated in said proclamation for counties of the 
class to which said proposed county will belong, as deter- 
mined by the Board of County Commissioners as herein 
otherwise provided. There shall also be printed upon said 
ballot the words, "For the county seat," and the names of 
all cities or towns which may have filed with the County 
Clerk a petition signed by at least tw r enty-five qualified 
electors, nominating any city or towm within the proposed 
new county for the county seat, and the voter shall desig- 
nate his choice for county seat by marking a cross (X) op- 
posite the name of the city or town for which he desires to 
cast his ballot. At the special election to be held, as pro- 
vided 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 there- 
on. In case any city or town fails to receive a majority 
of all the votes cast, then the city or town receiving the 



128 ELECTION LAWS OF MONTANA 

highest number of all votes cast shall be designated as the 
temporary county seat, and in case any city or town is not 
the choice of the election for the county seat by a majority 
of all the votes cast, the question of choice between the two 
cities or towns for which the highest number of votes shall 
have been cast, shall be submitted in like manner to the 
qualified electors at the next general election thereafter. 
When the county seat shall have been selected as herein 
provided, it shall not thereafter be changed except in the 
manner provided by law. 

The proclamation calling the election and the notice 
thereof provided for in this Act shall be made and given 
exclusively by the Board of County Commissioners with 
which is filed the said petition for the formation and estab- 
lishment of such new county and such Board shall cause the 
Clerk of said county to furnish to the officers of each pre- 
cinct in such proposed new county all ballots, poll lists, tally 
lists, registers for voters' signatures, ballot boxes and other 
election supplies and equipment necessary to conduct such 
election and which are not hereinafter specifically directed 
to be furnished by the Clerk of another county or counties. 
Such election shall be governed and controlled by the gen- 
eral election laws of the State, so far as the same shall be 
applicable, except as herein otherwise provided. The returns 
of all elections for the creation of the county and for offi- 
cers 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 before the date of such election, furnish to each 
board of election within said proposed new county, a copy 
of the official register for the precincts of such proposed 
new county as are within their respective counties, and the 
copies of indexes thereof required by law, containing the 
names of all persons who were qualified electors at the last 
general election before the date of such election. 

All returns of election herein provided for shall be made 
to the Board of County Commissioners calling such election. 

All nominations of candidates for the office required to 
be filled at said election shall be made in the manner pro- 
vided by law for the nomination of candidates by petition. 

The provisions of the election laws relating to prepara- 
tion, printing and distribution of sample ballots, except the 
provisions of said laws relating to primary elections in this 
State, shall have application to any election provided for in 
this Act. 






ELECTION LAWS OF MONTANA L29 

Section 4. If upon the canvass of the votes cast at 
such election it appears that fifty-eight per cenl of the votes 
cast are, "For the new county of " "Yes," the 

Hoard of County Commissioners Bhall by a resolution entered 
upon its minutes declare such territory duly formed and 
created as a county of this State, of the class to which 

the same shall belong, under the name of 

county, and that the city or town receiving the highest num- 
ber of votes cast at said election for county seal shall be the 
county seat of said county until removed in the manner pro- 
vided by law. and designating and declaring the person re- 
ceiving respectively the highest number of votes for the sev- 
eral offices to be filled at said election, to be duly elected to 
such offices. Said Board shall forthwith cause a copy of 
its said resolution, duly certified, to be filed in the office 
of the Secretary of State, and ninety (90) days from and 
after the date of such filing said new county shall be deemed 
to be fully created, and the organization thereof shall be 
deemed completed, and such officers shall be entitled to enter 
immediately upon the duties of their respective offices upon 
qualifying in accordance with law and giving bonds for the 
faithful performance of their duties, as required by the laws 
of the State. The Clerk of the Board of County Commis- 
sioners with which said petition was filed, as herein pro- 
vided, must immediately make out and deliver to each of 
said persons so declared and designated to be elected, a cer- 
tificate of election authenticated by his signature and the 
seal of said county. The persons elected members of the 
Board of County Commissioners and the County Clerk shall 
immediately, upon receiving their certificates of election, 
assume the duties of their respective offices. 

The Board of County Commissioners shall have author- 
ity to provide a suitable place for the county officers and 
to purchase such supplies as may be deemed necessary for 
the proper conduct of the county government. All other 
officers take office ninety (90) days after the filing of the 
resolution herein provided for with the Secretary of State. 
All the officers elected at said election, or appointed under 
this Act, shall hold their offices until the time provided by 
general law for the election and qualification of such offi- 
cers in this State and until their successors are elected and 
qualified, and for the purpose of determining the office of 
such officers, the years said officers are to hold office are 
to be computed respectively 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-two per cent of the votes 

cast at said election are "For the new county of " 

"No," the Board of County Commissioners canvassing said 
vote as provided herein shall pass a resolution in accordance 



130 ELECTION LAWS OF MONTANA 

therewith and thereupon the proceedings relating to division 
of such county or counties shall cease; and no other pro- 
ceedings in relation to any other division of said old county 
or counties shall be instituted for at least two years after 
such determination. 

Section 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, that all duly elected, qualified and acting officers 
of the county or counties, who may reside within the pro- 
posed new county, shall be deemed to be officers of said new 
county if they file with the Board of County Commissioners, 
whose duty it shall be to call the election, within five days 
after the final hearing and determination of said petition for 
such proposed new county, their intention to become offi- 
cers of said proposed new county and the Board of County 
Commissioners issuing the proclamation of any election, as 
in this Act provided, shall omit providing for the election of 
any such officers as may have filed their declaration as 
herein provided; and provided, also, that all duly elected, 
qualified and acting Justices of the Peace and Constables 
residing within the 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 town- 
ships in which they reside, when said townships are organ- 
ized as provided in this Act; provided, further, that all duly 
elected, qualified and acting school trustees residing within 
the proposed new county at the time of the division of such 
county into school districts, as hereinbefore in Section 3 
hereof provided, shall hold office as school trustees in said 
new county for the remainder of the term for which they 
were elected on qualifying as school trustees for the re- 
spective 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 officers, except as herein otherwise pro- 
vided, and shall enter upon the discharge of the duties of his 
office within such time as herein provided, after the receipt 
of the certificate of his election. Each of such officers may 
take the oath of office before any officers authorized by 
the laws of the State of Montana to administer oaths, and 
the bonds of any officer from which a bond is required shall 
be approved by any Judge of the District Court of the dis- 
trict to which such new county is attached for judicial pur- 



ELECTION i.wvs OF MON r \.V\ L31 

poses. The officers elected or appointed under the provi- 
sions of this An shall each perform the duties and receive 
the compensation now provided by general laws for the office 
to which he has been appointed or elected in the counties of 
the class to which such new county shall have been deter- 
mined to belong, as herein provided under the general classi- 
fication of counties in this State. 

Said new county when created and organized in pursu- 
ance of the provisions of this Act shall be attached to such 
judicial district as may be designated by the Governor of 
the State of Montana, in a proclamation to be issued by him, 
designating such new county as attached to the particular 
judicial district for judicial purposes. 

Section 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 or- 
ganization of said Board of County Commissioners it shall 
notify the Governor of the State of the organization of said 
county, and thereupon it shall be the duty of the Governor to 
appoint three persons, one of whom shall be a resident and a 
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 Commission- 
ers shall, within ten days after the notice of the appoint- 
ment, meet at the county seat of the new county and organ- 
ize by electing from their number a chairman, and also elect 
a secretary who must not be a member of said Commission. 
Thereafter such Commission may meet at such place or 
places as it may select. A majority of such 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 at- 
tendance of such persons and the production of such books 
and papers before said Commission as may be reouired 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 
away from the county seat of said county. It shall be the 
duty of the Sheriff of any county to execute 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 ac- 
tions : and all witnesses attending before said Commission 
shall be entitled to the same compensation and mileage as is 
allowed to witnesses 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. 



132 ELECTION LAWS OP MONTANA 

Section 7. Said Board of Commissioners shall immedi- 
ately after its organization ascertain the costs of the elec- 
tion held hereunder, and apportion the same pro rata among 
each of the counties from which territory was taken to form 
such new county; shall 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 declared by the Board of County Commis- 
sioners, as hereinbefore provided, and also ascertain the total 
value of all property at the time belonging to each of said 
counties from which territory was taken and situated 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, ac- 
cording to the last completed assessment made for said coun- 
ty, and also the assessed value, under the same 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 difference between the amount of 
the indebtedness of the old county and the value of the 
property belonging to the old county at the date of the dec- 
laration of the result of said election, as hereinbefore pro- 
vided, 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 deter- 
mined as follows: 

"As said assessed value of the property in the old county 
is to the said assessed value 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 coun- 
ty to each of them; also the value of any property belong- 
ing to each old county at the time when said division 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 ascertained propor- 
tion of said excess which the new county is to pay the old 
county, and its proportion of the expense of said election as 
aforesaid, shall be an indebtedness from the new county to 
the old county, and the said property situated as aforesaid 
in the new county shall upon settlement therefor, as pro- 
vided in this Act, become the property of the new county; 
and the old county shall pay the entire indebtedness against 



ELECTION LAW'S OF MONTANA 133 

it, and the expense of said election shall be paid by the 

county calling BUCh 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 be- 
tween 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 prop- 
erty 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 by 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 afore- 
said of the amount or amounts due from it. If the value 
of the property belonging to the old county exceeds the in- 
debtedness of the old county, then the old county shall pay 
to the new county a due proportion of such excess, which 
proportion shall be determined by the Board of Commis- 
sioners and shall be paid by the old county to the new county 
in the same manner and subject to the same conditions 
herein provided for payment by the new county to the old 
county, when the indebtedness of the old county exceeds the 
value of the property in the old county. In the determina- 
tion of the value of county property all buildings and their 
furniture, real estate, road tools and machinery and all steel 
bridges which may have been constructed and in use for a 
less period than ten years, shall be taken into consideration 
by the said Commissioners. 

Delinquent taxes due to the old county against property 
situated in the new county shall be transcribed in and col- 
lected by the new county. 

Section 8. Members of the Board of Commissioners 
provided for under this Act shall receive a compensation 
of not to exceed Eight Dollars ($8.00) per day for every 
day they are actually employed under the provisions of this 
Act, all of which expenses, together with the reasonable ex- 
penses of stationery, postage and incidental 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 



134 ELECTION LAWS OF MONTANA 

the respective counties, after the same shall have been pre- 
sented to and allowed by the Board of County Commission- 
ers, as is provided by law for claims against any county. 

Section 9. After the creation of a new county, as here- 
in 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 old 
county or counties prior to the creation of the new county 
shall be deemed and taken as having been performed 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 immedi- 
ately execute and deliver to the Board of County Commis- 
sioners of such new counties copies of all assessment and col- 
lection of the current State and county taxes of property in 
such new county. Such copies shall be filed with the re- 
spective officers of the new county who would have the cus- 
tody of the same if the proceedings had been originally had 
in the new county, and such certified copies shall be taken 
and aeemed 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 offi- 
cials of the new county are hereby authorized and directed to 
proceed thenceforth with the assessment and collection of 
said taxes as if the proceedings originally had in the old 
county or counties had been originally had in the new county. 

Section 10. The County Superintendent of Schools of 
the old county or each of the old counties, respectively, shall 
furnish the County Superintendent of Schools of the 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 
Commissioners the. amount due ; and said Board shall order 
a warrant drawn on the Treasurer of the new county for all 
the money that is or may be due by any apportionment or 
otherwise to the different school districts embraced in the 
new county from his county; and the County Treasurer shall 
certify to the County Commissioners the amount due in the 
different road funds, and the County Commissioners shall 
order a warrant drawn on the Treasurer of their county in 
favor 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 their county, which said amounts shall be prop- 
erly credited in both counties. And whenever in the forma- 
tion of a new county a road or school district has been di- 



ELECTION laws OP Montana L86 

vided. the Hoard of County Commissioners shall by resolu- 
tion 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. 

Section 11. The Board of County Commissioners of any 
new county formed as aforesaid must provide suitable books 
and have transcribed from the records of the old county 
or counties all such parts thereof as relate to or affeci prop- 
erty, or the title thereof, situated in the new county, and 
said records when so transcribed and certified as herein pro- 
vided, shall have the same force and effect as such original 
records; the said County Commissioners shall have full power 
and authority to contract for transcribing of records as now 
provided by law; providing that all chattel mortgages, re- 
newals of chattel mortgages, articles of incorporation, con- 
tract notes, sheriff certificates of sale, liens and original 
affidavits of registration which may affect or relate to prop- 
erty or persons situate within the new county, shall be by 
the County Clerk of the old county delivered to the County 
Clerk of the new county and be preserved by said County 
Clerk of the new county as permanent files of such new 
county. 

Section 12. All actions pending in the District Court 
of the old county or counties for the recovery of the posses- 
sion of, quieting 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 trans- 
ferred to the District Court to w T hich the new county may be 
attached for judicial purposes, and thereafter shall be sub- 
ject 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 shall be trans- 
ferred to the District Court of such new county. 

Section 13. Whenever in this Act publication of any 
notice is provided for and no newspaper of general circula- 
tion is published within the territory in which said notice is 
reuired to be published, notice shall be given by posting 
copies of such notices in at least ten public places in such 
territories for the same length of time said notice was re- 
quired to be published. 

Section 14. The territory within the limits of any new 
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. 



136 ELECTION LAWS OF MONTANA 

Section 15. Any member of the Board of County Com- 
missioners of any other officer who unlawfully and know- 
ingly violates any of the provisions of this Act, or fails or 
refuses to perform any duty imposed upon him hereunder, 
shall be guilty of a misdemeanor and of malfeasance in of- 
fice, and shall be deprived of his office by a decree of a 
court of competent jurisdiction, after trial and conviction. 

Section 16. All Acts and parts of Acts in conflict here- 
with are hereby repealed, with the exception: "This Act 
shall not apply in any cases whereby the election has been 
held under the Act passed by the Fifteenth Legislative Ses- 
sion for the creation of counties and a majority vote has been 
cast in favor thereof," but the provisions of this Act shall be 
deemed in full force and effect so far as they may affect any 
proposed new county now in process of creation, unless said 
new county can comply with the requirements of this Act; 
and it is hereby made the duty of the Board of County Com- 
missioners which may have ordered any election in pursuance 
of existing laws, to immediately make an order annulling and 
setting aside all further proceedings in relation to such pro- 
posed new county, including an order to nullify and set aside 
any election order theretofore made; provided, if any order 
is made nullifying and setting aside any election as provided 
in this section, any bond which may have been given in 
pursuance with the provisions of law relating to the costs 
of election for the creation of any proposed new county shall 
be deemed void, and no liability shall be incurred thereunder. 

(Sections added by Chapter 16 of the Laws of the Six- 
teenth Legislative Assembly, in Extraordinary Session.) 

Section 1-A. That for the purposes of this Act the as- 
sessed valuation of all property whether included within the 
boundaries of a proposed new county or remaining within 
the boundaries of any existing county or counties from which 
territory is taken, shall be fixed and determined on the same 
basis as is used for the imposition of taxes in the State of 
Montana, to-wit: By taking that percentage of the true and 
full value of all taxable property in any county specified by 
Section 2 of Chapter 51. Laws of the Sixteenth Legislative 
Assembly of the State of Montana. 

Whenever in this Act the term "assessed valuation" or 
"valuation based on the last assessment roll" is used, said 
terms shall be construed as meaning taxable valuation deter- 
mined as herein provided, not the full and true valuation of 
property. 

Section 1-B. That no city, town or village shall become 
the temporary or permanent county seat of any county or- 
ganized under the provisions of Chapter 226 of the Session 
Laws of the Sixteenth Legislative Assembly of the State of 
Montana, or created by an Act of the Legislative Assembly, 



ELECTION laws OF MONTANA 

unless such city or town shall have been Incorporated in the 
manner provided by law or unless such village shall have 
been regularly platted and a plat thereof filed in the office 
of the County Clerk and Recorder, and there he titty (60) 
qualified electors residing within the boundaries of such 
platted village, and the temporary county seat selected upon 
the organization of such county shall remain as such county 
seat until the permanent county seat shall be established 
as provided by law. 



REMOVAL OF COUNTY SEAT. 
Constitutional Provision — Article XVI. 

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

(Note — Section 2855, Revised Codes, 1907, provides that 
two-thirds of all votes cast are necessary for removal. See 
42 Mont. 77.) 

Code Provisions. 

(Sections refer to Revised Codes of 1907.) 
(As amended by Chapter 62, Laws of 1915.) 
(Sections in brackets are as amended by Chapter 10 of 
the Laws of the Sixteenth Legislative Assembly.) 

[Section 2851.] Whenever the inhabitants of any coun- 
ty of this State desire to remove the county seat of a county 
from the place where it is fixed by law, or otherwise, to 
another place, they may present a petition to the Board of 
County Commissioners of their county praying such re- 
moval, such place to be named in the petition, and that an 
election be held to determine whether or not such removal 
must be made. The petition to remove the county seat of 
the county from the place where it is fixed by law to an- 
other place must be presented to the Board of County Com- 
missioners at least sixty days prior to any action thereon 
being taken by the Board of County Commissioners, and 
action on said petition by the Board of County Commis- 
sioners must be had at a regular meeting of said Board of 
County Commissioners. Such petition must be filed with 
the County Clerk, and the County Clerk immediately upon 
the filing of said petition must cause to be printed in every 
newspaper published within said county a notice to the effect 
that a petition praying for the removal of said county seat 



138 ELECTION LAWS OF MONTANA 

has been filed with the County Clerk, and that said petition 
is open to the inspection of any and all persons interested 
therein, and that said petition will be presented to the Board 
of County Commissioners at its next .regular session for 
action thereon. No other or additional petition than the one 
originally filed shall be considered by the Board of County 
Commissioners, except that at any time on or before the 
date fixed for the hearing, any person having signed the 
original petition for the removal of the county seat may file 
a statement in writing with the County Clerk that he desires 
to have his name withdrawn from such petition; provided 
that not more than . one withdrawal shall be permitted by 
the same person. 

[Section 2852.] If the petition is signed by sixty-five 
per cent of the taxpayers of such county, the Board of Coun- 
ty Commissioners must at the next general election submit 
the question of removal to the electors of the county; pro- 
vided that the term "taxpayers" used in this section shall 
be deemed to mean "ad valorem taxpayers," and that for the 
purpose of testing the sufficiency of any petition which may 
be presented to the County Commissioners as provided in 
this section, the County Commissioners shall compare such 
petition with the poll books in the County Clerk's office 
constituting the returns of the last general election held in 
their county, for the purpose of ascertaining whether such 
petition bears the names of sixty-five per cent of the tax- 
paying voters listed therein; and they shall make a similar 
comparison of the names signed to the petition with those 
appearing upon the listed assessment roll of the county for 
the purpose of ascertaining whether the petition bears the 
names of sixty-five per cent of the ad valorem taxpayers as 
listed in said assessment roll ; and if such petition then shows 
that it has not been signed by sixty-five per cent of the 
voters of the county who are ad valorem taxpayers thereof, 
after deducting from the said original petition the names of 
all persons who may have signed such original petition and 
who may have filed or caused to be filed with the County 
Clerk of said county or the Board of County Commissioners, 
on or before the date fixed for the hearing, their statement 
in writing of the withdrawal of their names from the original 
petition, it shall be deemed insufficient, and the question of 
the removal of the county seat shall not be submitted. 

Section 2853. Election, Notice of. How Held and Con- 
ducted. 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 elec- 
tors of a locality under the general election law. 



ELECTION laws OF Montana L39 

Section 2854. Voter to Vote for Place He Prefers. In 

voting on the question, each elector must vote for the place 
in the county which hv prefers by placing opposite the name 
of the place the mark X. 

Section 2855. 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 Board must give notice of the results by posting 
notices thereof in all the election precincts of the county, 
and by publishing a like notice in a newspaper printed in 
the county at least once a week for four weeks. 

Section 2856. Place Chosen to Be County Seat. In the 
notice provided for in the next preceding section, the plan 
selected to be the county seat of the county must be so de- 
clared from a day specified in the notice, not more than 
ninety days after the election. After the day named in the 
notice, the place chosen is the county seat of the county. 

Section 2857. Statement of Results and Notice Trans- 
mitted. 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 deposited in the office of the County 
Clerk, and whenever the Board gives the notice prescribed 
by Section 2856 (Sec. 4162), they must transmit a certified 
copy thereof to the Secretary of State. 

Section 2858. 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. 

Section 2859. 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. 



COUNTY BOND ELECTIONS. 

Indebtedness. 

Constitution — Article XIII. 

Section 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, exceeding 
five (5) per centum of the (value of the) taxable property 
therein, to be ascertained by the last assessment for State 
and county taxes previous to the incurring of such indebted- 
ness, and all bonds or obligations in excess of such amount 
given by, or on behalf of such county shall be void. No 



140 ELECTION LAWS OF MONTANA 

county shall incur any indebtedness or liability for any sin- 
gle purpose to an amount exceeding Ten Thousand Dollars 
($10,000.00) without the approval of a majority of the elect- 
ors thereof, voting at an election to be provided by law. 

Code Provisions. 

(Sections refer to Revised Codes of 1907; sections in 
brackets to Codes of 1895.) 

Section 2933. (Sec. 4270.) (As amended by Section 1, 
Chapter 92, of the Laws of the Sixteenth Legislative As- 
sembly.) Commissioners Not to Borrow Money Except as 
Provided in This Article. The Board of County Commis- 
sioners must not borrow money for any of the purposes 
mentioned in this title, or for any single purpose to an 
amount exceeding Ten Thousand Dollars without the ap- 
proval of a majority of the electors of the county, and with- 
out first having submitted the question of a loan to a vote 
of such electors; provided, that it shall not be necessary to 
submit to the electors the question of borrowing money to 
refund outstanding bonds, or for the purpose of enabling 
any county to liquidate its indebtedness to another county 
incident to the creation of a new county or the change of 
any county boundary lines. 

Section 2934. (Sec. 4271.) Commissioners to Deter- 
mine Amount Necessary. Whenever it is necessary to sub- 
mit 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. 

Section 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. 

Section 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 prefers by making 
an X opposite the proposition. 

Section 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. 

Section 2938. Form of Ballots— Voting. That here- 
after whenever, in due course of law, in the manner and 
form required bv law and according to the provisions and 
requirements of law, any question or proposition of or relat- 
ing to bonded indebtedness, or of issuing bonds or of refund- 
ing, increasing or creating a bonded indebtedness, is sub- 
mitted, ordered submitted or to be submitted to the electors 



ELECTION LAWS OF MONTANA in 

of any county, at a general or other election, when al the 
same time candidates for national. State or county office 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 official ballots furnished electors al such election 
for the purpose of voting- for candidates for any office or 
offices and containing the names of candidates for office or 
offices to be voted for at such election: but the County Com- 
missioners shall authorize and the County Clerk shall have 
printed and furnished to election judges and officials in each 
voting precinct of such county separate ballots therefor, 
equal in number to the official ballots so furnished and con- 
taining the names of such candidates for office. Said sep- 
arate ballots shall be white in color and 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 (stat- 
ing 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 sufficient size to place a plain cross or X therein, and 
such arrangement shall be in this manner: 



□ 
□ 



For (stating propositions.) 



Against (stating propositions.) 



Such separate ballots shall be kept, stamped, given out, 
received, counted, returned and disposed of by election judges 
in like manner as other official ballots herein referred to. 
Each qualified elector offering to vote and permitted to 
vote shall, at the time he is offered by the election judges 
an official ballot bearing the names of candidates for office, 
be handed one of the separate ballots above described and he 
may then and there, in a booth as provided by law, and not 
otherwise, vote on such separate ballot for or against said 
proposition by placing a cross or X before the word "For" 
or the word "Against" in the vacant square provided there- 
for; and such separate ballot shall be returned to the elec- 
tion judges by the voter with said other official ballot if the 
voter chooses to vote for candidates for office and is en- 
titled to do so. The election judges shall deposit said sep- 
arate ballot on the bonding proposition separate from the 
voter's other official ballot, in the ballot box. 



142 ELECTION LAWS OF MONTANA 

CHAPTER 56 OF THE LAWS OF THE SIXTEENTH LEG- 
ISLATIVE ASSEMBLY. 

"An Act Requiring County Commissioners to Submit a Ques- 
tion of Issuing Bonds for An Amount Exceeding Ten 
Thousand Dollars for the Construction of a Bridge to the 
Voters of the County at the Time of a General Election, 
When a Petition, Signed by Ten Per Cent of the Resident 
Taxpayers of the County, Is Filed With the County Clerk 
and Recorder." 
Be It Enacted by the Legislative Assembly of the State of 
Montana : 

Section 1. That the County Commissioners of any coun- 
ty in the State of Montana, whenever a petition, signed by 
ten per cent of the resident taxpayers of the county, is filed 
with the County Clerk and Recorder, shall cause to be sub- 
mitted to the voters of the county, on the same date as is 
held the next general election following the filing of the 
said petition, the question of whether or not the county 
shall issue bonds for an amount exceeding Ten Thousand 
($10,000.00) Dollars for the purpose of securing money to 
construct a bridge at or near such place in the county as is 
designated by the petition ; provided, however, that said pe- 
tition shall be filed with the County Clerk and Recorder not 
later than 75 days previous to the date of the holding of any 
general election. 

Provided, further, that whenever a petition or petitions 
are filed with the County Clerk and Recorder praying that 
the question or questions of issuing bonds for the construc- 
tion of more than one bridge in the same locality in a county 
be submitted to a vote, the County Commissioners shall elect 
and cause to be submitted to a vote only one of said ques- 
tions. This Act, however, shall not preclude the County 
Commissioners from submitting more than one bridge bond- 
ing question to a vote at the same election, in case separate 
ballots are provided for each such question. 



CHAPTER 160 OF THE LAWS OF THE SIXTEENTH 
LEGISLATIVE ASSEMBLY. 

"An Act to Provide for An Increased Levy Upon the Tax- 
able Property in the County for the Construction of High- 
ways and Bridges and Providing for the Submission of 
Such Proposed Increased Levy to a Vote of the . Electors 
of the County." 

Be It Enacted by the Legislative Assembly of the State of 
Montana: 

Section 1. The Board of County Commissioners may, 

in their discretion, for the purpose of constructing roads and 

bridges, make an increased levy upon the taxable property 



ELECTION I.wvs of MONTANA 

of the county of ten (10) mills or less; provii ich 

portion of the funds derived under the provision of i his Act 
that are expended on State and main highways shall be ex- 
pended under plans approved by the state Highway Com- 
mission. 

Section 2. Before such increased levy shall be made, 
the question shall be submitted to a vote of the people at 
some general or special election and shall be submitted in 
the following form, inserting the number of mills proposed 
to be levied: 

"Shall there be an increased levy of mills upon 

the taxable property of the County of , 

State of Montana, for the purpose of constructing roads and 
bridges ? 



□ 



Yes. 



□ 



No." 



Section 3. A majority of the votes cast shall be neces- 
sary to adopt such measures. 

Section 4. Such levy shall be collected in the same 
manner as other road taxes are collected. 



CHAPTER 8 OF THE LAWS OF THE SIXTEENTH LEG- 
ISLATIVE ASSEMBLY, IN EXTRAORDINARY 

SESSION. 

"An Act to Enable the Counties of the State of Montana 
to Provide for Any of Their Inhabitants, Who by Reason 
of Misfortune Resulting From Drought, Hail or Unfavor- 
able Climatic Conditions, Have Been Rendered Destitute 
or in Need of Aid; Authorizing the Incurring of Indebted- 
ness by Counties for Such Purpose; Providing for Special 
Elections When the Amount of Such Indebtedness Will 
Exceed the Sum of Ten Thousand Dollars; Providing for 
the Issuance of Warrants and the Issuance and Sale of 
Funding Bonds for the Purpose of Such Relief; Providing 
for the Levy of Taxes for the Payment of Such Warrants 
and Bonds and Interest Thereon ; Authorizing Boards of 
County Commissioners to Give Effect to the Terms of This 
Act; Providing Penalties for the Violation of This Act and 
Repealing All Acts in Conflict Herewith." 



144 ELECTION LAWS OF MONTANA 

Be It Enacted by the Legislative Assembly of the State of 
Montana: 

Section 1. That to enable the several counties of the 
State of Montana to provide relief for their inhabitants, who 
by reason of misfortune, are entitled to the aid of society, 
the Boards of County Commissioners of all counties in this 
State, upon petition as hereinafter provided for, are hereby 
authorized to purchase and provide seed grain, feed, provi- 
sions and other necessary supplies, and to furnish the same 
to the inhabitants of their several counties who, by reason 
of drouth, hail or other unfavorable climatic conditions, have 
been rendered financially unable to procure the same. 

Section 2. Petitions for such relief must be in writing 
and signed by not less than one hundred freeholders resid- 
ing in a county and must be filed with the County Clerk of 
such county; provided, however, that the signatures need not 
be appended to one paper, but each signer shall add to his 
signature his postoffice address and the number of his vot- 
ing precinct, and all such papers when bound or fastened 
together and filed shall constitute and be considered as one 
petition. 

Section 3. Upon the filing of such petition with the 
County Clerk such officer must forthwith call a special meet- 
ing of the Board of County Commissioners of such county to 
consider such petition, and the date fixed for such meeting 
shall be not more than five days after the filing of such 
petition. Written notice of the calling of such special meet- 
ing shall be given each member of the Board by the County 
Clerk by delivering such notices personally or by registered 
mail; provided, however, that if any one member shall fail 
to attend such meeting by reason of not receiving such no- 
tice, or for any other reason, the other two members of said 
Board may hold such meeting; and provided, further, that 
notice of such meeting may be dispensed with by the unani- 
mous consent of all of the members of such Board, which 
consent must be entered on the minutes of such meeting. 

Section 4. At such meeting the Board shall examine 
such petitions and make or cause to be made such investiga- 
tion as may be necessary for the Board to ascertain and 
determine whether or not it is necessary that such county 
supply and furnish any of its inhabitants with seed grain, 
feed, provisions or other supplies. If a majority of the 
Board shall find and determine from such investigation that 
it is necessary for such county to do so, the Board shall 
make an order granting such petition and shall make an 
estimate of the quantity of seed grain, feed, provisions or 
other supplies required for such purpose, and also of the 
amount of indebtedness the county will be required to incur 
in order to supply the same. The findings and determina- 



ELECTION LAWS OP MONTANA l 16 

tion of the Hoard, together with itfl estimates and the iii'der 
granting the petition shall be entered on the minutes of the 
Board. 

Section 5. If the said estimate of the amount of in- 
debtedness required to be incurred docs nol exceed the sum 

of Ten Thousand (810.000.00) Dollars, and together with the 
then existing indebtedness of Buch county does not exceed 
the constitutional limit of indebtedness, the Board of County 
Commissioners shall proceed to purchase the seed grain, 
feed, provisions or other supplies, and to furnish and sup- 
ply the same in the manner hereinafter provided. Said relief 
shall be furnished to applicants therefor of the class specified 
in this Act. who are inhabitants of such county, and who 
have filed the application and statement hereinafter speci- 
fied ; provided, however, that such county shall not incur an 
indebtedness for such purpose in excess of Ten Thousand 
($10,000.00) Dollars, except as hereinafter provided. 

Section 6. If the estimate of the Board of County Com- 
missioners of the amount of indebtedness which the county 
will be required to incur in order to supply and furnish the 
relief herein provided for exceeds the sum of Ten Thousand 
Dollars, the Board must forthwith call a special election for 
the purpose of submitting to the electors of such county the 
question of whether or not such county shall incur an in- 
debtedness to the amount of such estimate, or if the amount 
of such estimate, together with the then existing indebted- 
ness of such county, will exceed the constitutional limit of 
indebtedness, then in any amount less than the amount of 
such estimate and which will not, together with the then 
existing indebtedness of such county exceed the constitu- 
tional limit of indebtedness, for the purpose of furnishing 
and supplying the relief herein provided for to the inhab- 
itants of such county and who are financially unable to pro- 
cure the same ; provided, however, that such election may be 
held at the same time as any other special election called for 
any purpose. 

Section 7. Said special election shall be called for a 
day not less than fifteen days nor more than thirty days 
after the day on which the order is made by such Board 
for the holding of such special election, and the Board shall 
give notice of the calling of such election by issuing an elec- 
tion proclamation, which proclamation shall be published 
two successive times in the newspaper published in such 
county having the contract for publishing official notices of 
such county, if such newspaper be published weekly, but if 
it be published daily, then eight successive insertions there- 
of, and copies of such proclamation shall be posted in three 
public places in each voting precinct in such county at least 
ten days before the day on which such election is to be held. 



146 ELECTION LAWS OF MONTANA 

Said proclamation shall clearly state the amount of indebt- 
edness to be incurred, the purpose of which said indebted- 
ness is to be incurred, the day on which such election is to 
be held, and the hours when the polls will be open, and no 
other notice shall be given of the calling or holding of such 
election. 

Section 8. Said election, except as herein otherwise 
provided, shall be held and conducted, and the returns there- 
of made and canvassed in all respects in the manner pre- 
scribed by law in regard to the submission of questions to 
the electors of a county under the general election law. 

Section 9. None of the provisions of Sections 16 and 
17 of Chapter 122, Acts of the Fourteenth Legislative As- 
sembly of the State of Montana, shall apply to said election, 
but the County Clerk shall close registration for such elec- 
tion at 5 o'clock p. m. on the eleventh day before the day 
on which said election is to be held, and all electors whose 
names shall appear on the registration books of such county 
at the time the same are closed for such election shall be 
entitled to vote at such special election; provided, however, 
that if any person whose name does not appear on the reg- 
ister of voters for the precinct in which such person re- 
sides, shall request the judges of election for such precinct 
to permit him to vote at such election, such judges shall 
enter the name of such person upon the register of voters 
for such precinct upon such person taking the oath, answer- 
ing the questions and complying with such other provisions 
of Section 7 of said Chapter 122, Acts of the Fourteenth 
Legislative Assembly, as are required for registration, and 
thereupon such person shall be permitted to vote at such 
election. The judges of election for each election precinct 
are hereby designated and appointed Deputy Registrars, 
within their respective election precincts, for the purpose 
of carrying out the provisions of this section, and shall have 
all the powers and perform all of the duties of the Registrar 
authorized and required by said Chapter 122, Acts of the 
Fourteenth Legislative Assembly. The judge? of election 
shall, at the same time and in the same manner the elec- 
tion returns of such election are delivered or mailed to the 
County Clerk, deliver or mail to the County Clerk all affi- 
davits and registry cards made and filled out before them at 
such election. The County Clerk shall provide such election 
judges with a suitable number of blank affidavits and reg- 
istry cards for use in their respective precincts during such 
election. 

Section 10. The ballots for such special election shall 
conform as near as possible with the ballots used at general 
elections and shall have printed thereon in fair sized legible 
type and black ink, in one or more lines as required, the 
words "for incurring an indebtedness not exceeding the sum 



ELECTION i.wvs OP mmnta 

of (stating the amount) for the purpose of purchasing Beed 

grain, feed, provisions and other necessary Bupplies to be 
furnished and supplied by the county to its inhabitants who 

are financially unable to procure the same and who have 
been reduced to such condition by reason of drouth, hail or 
other unfavorable climatic conditions." And thereunder in 
one or more lines as required, the words, "againsl incurring 
an indebtedness not exceeding the sum of (stating the 
amount) for the purpose of purchasing seed grain, feed, pro- 
visions and other necessary supplies to be furnished and sup- 
plied by the county to its inhabitants who are financially 
unable to procure the same and who have been reduced to 
such condition by reason of drouth, hail or other unfavor- 
able climatic conditions." There shall be placed before the 
word "for" and before the word '"against" each, a square 
space of sufficient size to place a cross or "X" therein. 

Section 11. If a majority of the votes cast at such 
special election are in favor of such indebtedness being in- 
curred, then the Board of County Commissioners shall pro- 
ceed to purchase and procure the seed grain, feed, provisions 
or other supplies and to furnish and supply the same in the 
manner hereinafter provided to applicants therefor who are 
inhabitants of the county, who are in need of such relief, 
who have made application therefor as hereinafter provided, 
who are financially unable to procure such relief and who 
have been reduced to such condition by reason of drouth, 
hail or other unfavorable climatic conditions; provided, how- 
ever, that no indebtedness shall be incurred for such purpose 
in excess of the amount authorized by such special election. 
***** 

Section 14. Whenever Iherr *\re any warrants outstand- 
ing drawn against the "Special relief Fund" and there is in- 
sufficient money in such fund to pay said warrants with 
the interest thereon, the Board of County Commissioners, 
whenever such Board deems it advisable to do so, may issue 
and sell, or exchange bonds of said county for the purpose 
of funding such outstanding warrant indebtedness ; pro- 
vided, however, that it shall not be necessary for the Board 
of County Commissioners to submit to the electors of the 
county the question of whether or not such bonds shall be 
issued and sold or exchanged for the purpose of funding 
such outstanding warrant indebtedness. 

***** 

Section 21. All inhabitants of such county, who by 
reason of drouth, hail or other unfavorable climatic condi- 
tions, are financially unable to procure the relief herein au- 
thorized, and who desire to avail themselves of the benefits 
of this Act shall file with the County Clerk of the county 
in which such applicant resides, an application duly sworn 



148 ELECTION LAWS OF MONTANA 

to before said County Clerk or some other officer authorized 
to administer oaths. Said application shall state that be- 
cause of misfortune resulting from drouth, hail or other un- 
favorable climatic conditions (stating the precise condition 
responsible for the misfortune) the applicant has not pro- 
cured and is financially unable to procure the seed grain, 
feed, provisions or other supplies applied for; that the ap- 
plicant desires the same for his own use or support or for 
the use or support of his family or dependents residing in 
the State of Montana; that such relief is needed at once; 
that the same cannot be procured from any other source 
known to the applicant; and that the applicant will not sell 
or dispose of the same or any part thereof. In case the ap- 
plication be for seed grain it shall also state the following 
matters, to-wit: The number of acres owned by applicant; 
the number of acres plowed or prepared for seeding; the 
number of acres intended to be plowed or prepared for seed- 
ing; the amount and kind of grain required; the amount 
and kind of grain, if any, harvested by applicant the preced- 
ing season, and the amount and kind of grain, if any, in his 
possession. Said application shall also in such case contain 
an agreement that the applicant will use the seed grain fur- 
nished and all thereof in seeding his land at the next ensu- 
nig planting season. Said application shall also in all cases 
contain a true and full description of all real and personal 
property owned by the applicant, if any, and the incum- 
brances thereon, together with a true description of the 
land upon which seed grain is agreed to be sown. No appli- 
cation shall be considered by the Board of County Commis- 
sioners unless made out and filed as prescribed in this 
section. 

Section 22. The Board of County Commissioners shall 
constitute a board of examination and adjustment and shall 
examine and adjust and approve or disapprove all applica- 
tions filed under the provisions of this Act. Said Board 
shall meet at such time or times as the Board may deem 
necessary at the regular meeting place of the Board of 
County Commissioners, and examine and consider separately 
each and every application filed and determine who are en- 
titled to receive relief from such county, and the amount 
to which each applicant is entitled; provided, however, that 
no one apolicant shall be entitled to receive relief exceeding 
in value the sum of One Thousand Dollars. On each appli- 
cation shall be endorsed the approval, or disapproval, of the 
Board, and if approved, the quantity and kinds of relief for 
which the same is approved, which endorsement shall be 
signed by the chairman of the Board, and all applications 
shall, immediately after being acted upon by the Board, be 
delivered to the County Clerk. 



ELECTION LAWS OF MONTANA L49 

Section 23. The County Clerk shall, as soon as said 
Board has delivered the applications to him, upon demand 
of each applicant whose application has been approved by 
said Board, issue to such applicant an order for the relief 
which has been allowed to said applicant, unless otherwise 
directed by the Board of County Commissioners, or chairman 
thereof. The applicant for relief shall before receiving such 
order execute to the county and deliver to the Board of 
County Commissioners his promissory note, and if a mar- 
ried man same shall be endorsed by his wife, for the cost ot 
the seed grain, feed, provisions or other supplies ordered to 
be delivered to him. Such note shall bear interest at the 
rate of six per cent and shall in ordinary cases be due in 
one year from its date; provided, however, that in all cases 
it shall be optional with the Board of County Commission- 
ers in the exercise of its discretion to authorize the giving 
of said note for a longer period of time or to modify the 
conditions of said note in any manner deemed advisable by 
the Board. Provided, further, that in all cases where ap- 
plications are made for seed grain under the terms of this 
Act it shall be the duty of the Board of County Commis- 
sioners to investigate the financial condition and prospects 
of the applicant. If, after such investigation, the Board is 
satisfied that the applicant is the owner of land or other 
property upon which he is able to give security for the re- 
lief extended, or that there is a reasonable probability that 
the applicant will be able to repay the amount of said relief 
out of his crop to be raised the ensuing year it shall be op- 
tional with said Board to refuse relief under the terms of 
this Act and to require the applicant to avail himself of the 
terms of the seed grain law, being Chapter 19 of the Laws 
of the Fifteenth Extraordinary Session of the State of Mon- 
tana of 1918. It is expressly declared that the purpose of 
this Act is to extend relief to financially destitute persons 
only, and that in all cases where applicants for seed grain 
are unable to give the contract and security provided for in 
said Chapter 19 of the Laws of the Fifteenth Extraordinary 
Session of 1918, that he shall be required to obtain relief 
under the terms of said Act. 

Provided, further, that in those counties where no pro- 
vision has been made for seed distribution under the Seed 
Grain Law provided in Chapter 19 of the Laws of the Fif- 
teenth Extraordinary Session of 1918, the Board of County 
Commissioners shall in estigate the financial conditions and 
prospects of the applicant and request such security from the 
applicant as they see fit. 



150 ELECTION LAWS OF MONTANA 

Section 25. It shall be the duty of Boards of County 
Commissioners, Constables, Sheriffs and County Attorneys 
to diligently inquire into and prosecute all violations of any 
of the provisions of this Act. 

Section 28. In case the amount of money received by 
the County Treasurer in any one year in payment for arti- 
cles furnished under the provisions of this Act shall be suf- 
ficient to pay all outstanding warrants and interest thereon, 
if such warrant indebtedness has not been funded by the 
issuance and sale or exchange of bonds, or shall be suffi- 
cient to pay the interest on and place in the bond fund a 
proportionate amount of the total amount required for the 
payment and redemption of the bonds, if such warrant in- 
debtedness has been funded by the issuance and sale or ex- 
change of bonds, then no tax shall be levied for such pur- 
pose in that year, and in no year shall there be a greater 
tax levied than will, together with the balance then on hand 
in the county treasury, be sufficient to pay the interest and 
principal of all warrants or bonds then outstanding. 

Section 31. This Act, and all of its provisions, shall 
be liberally construed so as to effectuate its purpose, and 
a failure to give any of the notices herein provided for, 
or to perform any of the acts herein required, within the 
exact time prescribed shall not invalidate any election held 
hereunder, or any warrants or bonds issued, provided there 
has been a substantial compliance with the provisions of this 
Act except as to time. 

Section 32. It is expressly declared that this Act does 
not repeal or in any way modify or affect the provisions of 
Chapter 19 of the Laws of the Fifteenth Extraordinary 
Session of the State of Montana of 1918, but that insofar 
as the furnishing of seed grain is concerned this Act is 
cumulative to the former Act and provides an additional 
method by which seed grain relief may be procured by those 
in destitute circumstances. 



SPECIAL ROAD DISTRICT LAWS, 1917. 

Election of Board of Directors. 

Sections 13-14-15-16 of Chapter 145. 

Section 13. The regular election for the electing of 
members of the Board of Directors shall be held in such dis- 
trict at the same time and place each year as provided by 
law for the election of school trustees in school districts in 
the State of Montana. The Secretary of such Board shall 
cause written or printed notice to be posted at six different 



ELECTION laws OP MONTANA L5] 

and public places in said special road district, specifying the 

date and place of such election and the lime during which 
the ballot box or boxes shall be opened, not less than four 
hours, however, at each election. Said notices shall be posted 
in at least three conspicuous and public places as aforesaid 
in such district and whenever a newspaper is published 
within ten miles of such road district, it shall be the duty 
of the President and Secretary of said Board to cause a no- 
tice to be published therein at least once, ten days previous 
to said election, giving- notice of such election, and if the said 
officers of said district fail to give such notice required by 
this Act, then any two legal voters in and being freeholders 
there, may give such notice over their names and signatures, 
whereupon said election may be held at the date fixed by 
this Act for said election. If any special road district con- 
sists of more than one school district, then the Board of 
Directors shall preside in like manner for a polling place in 
each such school district. 

Section 14. Every elector, a taxpayer, who is legally 
qualified to vote at any general election, who is a bona fide 
resident and taxpayer, as aforesaid, of the road district for 
thirty days preceding the day of election shall be entitled 
to vote. Any person offering to vote may be challenged by 
any legal and qualified elector of the district or by any judge 
of election, and any judge of such election shall, to deter- 
mine the qualifications of a voter, administer to the person 
challenged, an oath as follows: 

"You do swear (or affirm) that you are a citizen of 
the United States; that you have resided in this State for 
the period of one year, or over, preceding this election ; that 
you are over the age of twenty-one years; that you have 
resided in this county thirty days, and that you are a tax- 
payer and resided in this road district thirty days next pre- 
ceding this election; that you have not voted at this election, 
so help you God (or under the pains and penalties of per- 
jury.)" 

Section 15. If any person challenged shall refuse to 
take said oath his vote shall be rejected; and if any person 
shall be guilty of voting illegally, he shall be punished as 
provided in the general election laws of this State. The 
three members of the Board of Directors of the road dis- 
trict shall act as judges of election but should any of them 
be absent for any cause, at the time of opening of the polls, 
the electors present thereat shall appoint a legal voter to 
fill such vacancy. 

If more than one polling place be provided in said road 
district, the Directors shall appoint three judges of election 
who shall perform the duties required by law. 



152 ELECTION LAWS OF MONTANA 

Section 16. Immediately after the closing of the polls 
the said judge shall proceed to count the ballots, and the 
person or persons qualified to be elected under this Act, who 
shall receive the largest number of votes, shall be declared 
elected, and the report of said election, signed by said judges, 
shall forthwith be transmitted to the County Clerk and Re- 
corder of the county where such election is held, to be pre- 
sented to the Board of County Commissioners for action and 
hearing as to the regularity of the election so held, and to be 
confirmed by said County Commissioners. If upon counting 
the votes there shall be a tie vote, the two persons having 
received such tie vote shall meet within twenty-four hours 
before the Board of Directors of such road district and one 
of such persons shall be elected by lot. All ballots shall be 
carefully preserved and after said count, shall be placed in 
the ballot boxes and said ballots shall be preserved by the 
Secretary of the road district for ninety days, at the end of 
which time, if there is no contest, all such ballots shall be 
destroyed. 



SEED GRAIN LAW— MANNER OF VOTING BONDS. 

Be It Enacted by the Legislative Assembly of the State of 
Montana: 

Section 1. Whenever there has been a total or partial 
failure of crops by reason of drouth, hail or other misfor- 
tune, in any county of the State, it shall be lawful for the 
Board of County Commissioners of such county, upon being 
petitioned so to do, to purchase seed grain of such kinds as 
may be necessary and to furnish and supply such seed grain 
to the inhabitants of such county, who are engaged in the 
occupation of farming and who are financially unable to 
procure seed grain and who require such seed grain in order 
to enable them to plant and sow crops at the next ensuing 
planting season. Such petition must be in writing and signed 
by not less than one hundred freeholders residing in such 
county, and must be filed with the County Clerk of such 
county; provided, however, that the signatures need not be 
appended to one paper, but each signer shall add to his sig- 
nature, his postoffice address, and the number of his voting 
precinct, and all such papers when bound or fastened to- 
gether and filed shall constitute and be considered as one 
petition. 

Section 2. Upon the filing of such petition with the 
County Clerk such officer must forthwith call a special meet- 
ing of the Board of County Commissioners of such county to 
consider such petition, and the date fixed for such meeting 
shall be not more than five days after the filing of such 
petition. Written notice of the calling of such special meet- 
ing shall be given each member of the Board by the County 



ELECTION laws OP Montana L53 

Clerk by delivering such notices personally or by registered 
mail; provided, however, that if any one member shall fail 
to attend such meeting by reason of not receiving such no- 
tice, or for any other reason, the other two members of said 
Board may hold such meeting; and provided, further, that 
notice of such meeting may be dispensed with by the unani- 
mous consent of all of the members of such Board, whtcn 
consent must be entered on the minutes of such meeting. 



Section 5. If the estimate of the Board of County 
Commissioners of the amount of indebtedness which the 
county will be required to incur in order to supply and fur- 
nish such seed grain exceeds the sum of Ten Thousand Dol- 
lars, the Board must forthwith call a special election for the 
purpose of submitting to the electors of such county the 
question of whether or not such county shall incur an indebt- 
edness to the amount of such estimate, or if the amount of 
such estimate together with the then existing indebtedness 
of such county will exceed the constitutional limit of in- 
debtedness, then in any amount less than the amount of such 
estimate and which will not, together with the then exist- 
ing indebtedness of such county exceed the constitutional 
limit of indebtedness, for the purpose of furnishing and sup- 
plying seed grain to the inhabitants of such county who are 
engaged in the occupation of farming and who are financially 
unable to procure seed grain for planting and sowing crops 
at the next ensuing planting season ; provided, however, that 
such election may be held at the same time as any other 
special election called for any purpose. 

Section 6. Said special election shall be called for a 
day not less than fifteen days nor more than thirty days 
after the day on which the order is made by such Board 
for the holding of such special election, and the Board shall 
give notice of the calling of such election by issuing an elec- 
tion proclamation, which proclamation shall be published 
two successive times in the newspaper published in such 
county having the contract for publishing official notices 
of such county, if such newspaper be published weekly, but 
if it be published daily, then eight successive insertions 
thereof, and copies of such proclamation shall be posted in 
three public places in each voting precinct in such county 
at least ten days before the day on which such election is 
to be held. Said proclamation shall clearly state the amount 
of indebtedness to be incurred, the purpose for which said 
indebtedness is to be incurred, the day on which such elec- 
tion is to be held, and the hours when the polls will be open, 
and no other notice shall be given of the calling or holding 
of such election. 



154 ELECTION LAWS OF MONTANA 

Section 7. Said election, except as herein otherwise pro- 
vided, shall be held and conducted, and the returns thereof 
made and canvassed in all respects in the manner prescribed 
by law in regard to the submission of questions to the elect- 
ors of a county under the general election law. 

Section 8. None of the provisions of Sections 16 and 
17 of Chapter 122, Acts of the Fourteenth Legislative As- 
sembly of the State of Montana, shall apply to said election, 
but the County Clerk shall close registration for such elec- 
tion at 5 o'clock p. m. on the eleventh day before the day on 
which said election is to be held, and all electors whose names 
shall appear on the registration books of such county at the 
time the same are closed for such election shall be entitled 
to vote at such special election; provided, however, that if 
any person whose name does not appear on the register of 
voters for the precinct in which such person resides, shall 
request the judges of election for such precinct to permit 
him to vote at such election, such judges shall enter the 
name of such person upon the register of voters for such 
precinct upon such person taking the oath, answering the 
questions and complying with such other provisions of Sec- 
tion 7 of said Chapter 122, Acts of the Fourteenth Legisla- 
tive Assembly, as are required for registration, and there- 
upon such person shall be permitted to vote at such elec- 
tion. The judges of election for each election precinct are 
hereby designated and appointed Deputy Registrars, within 
their respective election precincts, for the purpose of carry- 
ing out the provisions of this section, and shall have all the 
powers and perform all of the duties of the Registrar au- 
thorized and required by said Chapter 122, Acts of the Four- 
teenth Legislative Assembly. The judges of election shall, 
at the same time and in the same manner the election re- 
turns of such election are delivered or mailed to the County 
Clerk, deliver or mail to the County Clerk all affidavits and 
registry cards made and filled out before them at such elec- 
tion. The County Clerk shall provide such election judges 
with a suitable number of blank affidavits and registry cards 
for use in their respective precincts during such election. 

Section 9. The ballots for such special election shall 
conform as near as possible with the ballots used at general 
elections, and shall have printed thereon in fair sized legible 
type and black ink, in one or more lines as required, the 
words "for incurring an indebtedness not exceeding the sum 
of (stating such sum) for the purpose of purchasing seed 
grain to be furnished and supplied by the county to the in- 
habitants of the county who are engaged in the occupation 
of farming and who are financially unable to procure such 
seed grain and who require such seed grain in order to enable 
them to plant and sow crops at the next ensuing planting 
season," and thereunder in one or more lines, as required, 



ELECTION LAWS OP MONTANA L66 

the words "against incurring- an indebtedness not exceeding 
the sum of (stating such sum) for the purpose of purchas- 
ing seed grain to be furnished and supplied by the county 
to the inhabitants of the county who are engaged in the 
occupation of farming and who are financially unable to pro- 
cure such seed grain and who require such seed grain in 
order to enable them to plant and sow crops at the next en- 
suing planting season." And there shall be before the word 
"For" and before the word "Against" each, a square of suf- 
ficient size to place a cross or X therein. 

***** 

Section 37. This Act, and all of its provisions, shall be 
liberally construed so as to effectuate its purpose, and a 
failure to give any of the notices herein provided for, or to 
perform any of the acts herein required, within the exact 
time prescribed shall not invalidate any election held here- 
under, or any warrants or bonds issued, provided there has 
been a substantial compliance with the provisions of this 
Act except as to time. 



LOCAL OPTION. 

(Sections refer to Revised Codes of 1907; sections in 
brackets refer to Codes of 1895.) 

Section 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 Legis- 
lative Assembly in any county in the State, the Board of 
County Commissioners must order an election to be held 
at the places of holding elections for county officers, to take 
place within forty days after the reception of such petition, 
to determine whether or not any spirituous or malt liquors, 
wine or cider or any intoxicating liquors or drinks may be 
sold within the limits of the county. No election under this 
chapter must take place in any month in which general elec- 
tions are held. The County Commissioners must determine 
on the sufficiency of the petition presented by the last as- 
sessment roll of the county. 

Section 2042. (Sec. 3181.) Notice of Election— Regu- 
lations — Qualifications of Voters. The notice of election 
must be published once a week for four weeks in such news- 
papers of the county where the election is to be held as the 
Board may think proper. 

Section 2043. (Sec. 3182.) Ballots, What to Contain. 
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 intoxi- 



156 ELECTION LAWS OF MONTANA 

eating liquors, Yes"; "Sale of intoxicating liquors, No"; and 
the elector in order to vote must mark an X opposite one of 
the answers. 

Section 2044. (Sec. 3183.) Election, How Held. The 

polling places must be established, the judges and other of- 
ficers 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 re- 
quired, but the provisions of Sections 491 (1222) and 492 
(1223) of this Code apply. 

Section 2045. (Sec. 3184.) Dealing in Intoxicating 
Liquors Prohibited if Majority of Votes Against Sale. If a 

majority of the votes cast are "Sale 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 for the pub- 
lication of the notice and no license must be issued pending 
the publication. 

Section 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. 

Section 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. 

Section 2048. (Sec. 3187.) Penalty for Violation. If 

a majority of the votes at the election are "Sale of intox- 
icating liquors, No," then any person violating the provisions 
of this chapter is guilty of a misdemeanor, and is punish- 
able as prescribed in the Penal Code. 

Section 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. 



DUTIES OF COUNTY COMMISSIONERS RELATIVE TO 

ELECTIONS. 

(Sections refer to Revised Codes of 1907; sections in 
brackets refer to Codes of 1895.) 

Section 2894. The Board of County Commissioners has 
jurisdiction and power under such limitations and restric- 
tions as are prescribed by law: 



ELECTION LAWS OF MONTANA L67 

3. To establish, abolish and change election precincts 
and to appoint judges of election, canvass all election returns, 
declare the result, and issue certificates thereof. 

***** 

Section 2939. (Sec. 4280.) Provide Appliances to Hold 
Elections. The Board of County Commissioners must pro- 
vide all poll lists, poll books, blank returns and certificates, 
proclamations of elections, and other appropriate and neces- 
sary 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. 

Section 2940. (Sec. 4281.) Certificates Issued as Board 
of Canvassers. Whenever, as canvassers, the Board of Coun- 
ty 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 town- 
ship or district office therein, and such other certificates 
must be made out and transmitted as required by the title 
relative to "Elections." 



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. (Sec. 4720.) Steps to Be Taken to In- 
corporate. Whenever the inhabitants of any part of a county 
desire to be organized into a city or town they must apply 
by petition in writing, signed by not less than fifty qualified 
electors, residents of the State and residing within the limits 
of the proposed incorporation, to the Board of County Com- 
missioners of the county in which the territory is situated, 
which petition must describe the limits of the proposed city 
or town, and of the several wards thereof, which must not 
exceed one square mile for each five hundred inhabitants 
resident therein. The petitioners must annex to the petition 
a map of the proposed territory to be incorporated, and state 
the name of the city or town. The petition and map must be 
filed in the office of the County Clerk. Upon filing the 
petition the Board of County Commissioners, at its next 
regular or special meeting, must appoint some suitable per- 
son to take a census of the residents of the territory to be 
incorporated. After taking the census the person appointed 
to take the same must return the list to the Board of County 
Commissioners, and the same must be filed by them in the 
County Clerk's office. No municipal corporation must be 



158 ELECTION LAWS OF MONTANA 

formed unless the number of inhabitants is three hundred 
or upwards. (Act approved March 3, 1909; Laws 1909, 
Chap. 56.) 

Section 3209. (Sec. 4721.) Election, How Conducted. 
After filing the petition and census, if there be the requi- 
site number of inhabitants for the formation of a municipal 
corporation, as required in the preceding section, the County 
Commissioners must call an election of all the qualified elect- 
ors residing in the territory described in the petition. Said 
election must be held at a convenient place within the ter- 
ritory described in the petition, to be designated by the 
Board, notice of which election must be given by publica- 
tion in some newspaper published within the limits of the 
territory to be incorporated, or if none be published therein, 
by posting notices in three public places within said limits. 
The notice must be published thirty days prior to the elec- 
tion, 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 conducted as pro- 
vided in Title II, Part III, of this Code. 

Section 3210. (Sec. 4722.) First Election of 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 incorporation, of 
the time and place or places of holding the first election for 
offices of the corporation. At such election all the electors 
qualified by the general election laws of the State, and who 
have resided within the limits of the city or town for six 
months and within the limits of the ward for thirty days 
preceding the election, are qualified electors and may choose 
officers for the city or town, to hold office as prescribed in 
the next succeeding section. 

Section 3211. (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 Alder- 
men 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 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 man- 



ELECTION LAWS OF MONTANA L69 

ner prescribed by law for county officers. The Board of 
County Commissioners must appoint judges and clerks of 
election and canvass and declare the result thereof. The 
election must be conducted in the manner required by law 
for the election of county officers. 

Section 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 corporation 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 ma- 
jority of the electors vote in favor of annexation, the Coun- 
cil must so declare, and a certified copy of the proceedings 
for annexation and of the ordinances must be filed with the 
Clerk of the county in which the cities or towns so annexed 
are situated, and when so filed the annexation is complete, 
and the city or town to which the annexation is made has 
power, in addition to other powers conferred by this title, 
to pass all necessary ordinances to carry into effect the 
terms of the annexation. Such annexations do not affect or 
impair any rights, obligations or liabilities then existing for 
or against either such cities or towns. 



FREE PUBLIC LIBRARIES. 

(Sections refer to Revised Codes of 1907 ; sections in 
brackets refer to Codes of 1895.) 

Section 3488. (Sec. 5039.) The Council May Establish 
a Free Public Library. The Council has power to establish 
and maintain a free public library, and for that purpose 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 as- 
sessed valuation of less than one million dollars and more 
than seven hundred and fifty thousand dollars, a tax not ex- 
ceeding two and one-half mills on the dollar on the property 
may be levied. In a city or town having an assessed valua- 
tion of less than seven hundred and fifty thousand dollars, 
a tax not exceeding three mills on the dollar on the prop- 
erty may be levied. The tax so levied and collected con- 
stitutes a fund known as the "library fund," and must be 
expended only for the purchase of books and other things 
necessary for a library, and the support and maintenance 



160 ELECTION LAWS OF MONTANA 

thereof; provided, that no increase over the present author- 
ized levy shall be made until the question of such increase 
has first been submitted to a vote of the taxpayers affected 
thereby. 

Section 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 
or town at any 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," opposite the an- 
swer for which he intends to vote. 

Section 3490. (Sec. 5041.) Library Established. If 
the majority of the votes cast at such election is in favor 
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. 



OFFICERS AND ELECTIONS. 

(Sections refer to Revised Codes of 1907; sections in 
brackets refer to Codes of 1895.) 

Section 3216. (Sec. 4740.) Officers of City of the 
First Class. The officers of a city of the first class con- 
sist of one Mayor, two Aldermen from each ward, one Police 
Judge, one City Treasurer, who may be ex-officio Tax Col- 
lector, 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 Engineer and one or more assistant 
engineers, and any other officers necessary to carry out the 
provisions of this title. The City Council may by ordinance 
prescribe the duties of all city officers and fix their compen- 
sation, subject to the limitations contained in this title. 

Section 3217. (Sec. 4741.) Officers of City of Second 
and Third Classes. The officers of a city of the second and 
third classes consist of one Mayor, two Aldermen from each 
ward, one Police Judge, one City Treasurer, who may be ex- 
officio Tax Collector, who must be elected by the qualified 
electors of the city as hereinafter provided. There may also 
be appointed by the Mayor, with the advice and consent of 
the Council, one City Clerk, who is ex-officio City Assessor, 
one Chief of Police, one City Attorney, and any other officer 



ELECTION LAWS OF MONTANA 161 

necessary to carry out the provisions of this title. The City 
Council may prescribe the duties of all city officers, and fix 
their compensation, subject to the limitations contained in 
this title. 

Section 3218. (Sec. 4742.) Officers of Town*. The 
officers of a town consist of one Mayor, and two Aldermen 
from each ward, who must be elected by the qualified elect- 
ors of the town as hereinafter provided. There may be ap- 
pointed by the Mayor, with the advice and consent of the 
Council, one Clerk, who may be ex-officio Assessor and a 
member of the Council, and one Treasurer, who may be ex- 
officio Tax Collector, and one Marshal, who may be ex-of- 
ficio Street Commissioner, and other officers necessary to 
carry out the provisions of this title. The Town Council 
may prescribe the duties of all town officers, and fix their 
compensation, subject to the limitations contained in this 

title. 

***** 

Section 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 regard to pop- 
ulation so as to make them as nearly equal as possible. 

Section 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 more than four wards, and 
towns into not less than two nor more than three wards. 
All changes in the number and boundaries of wards must 
be made by ordinance, and no new ward must be created 
unless there shall be within its boundaries one hundred and 
fiftv electors, or more. (Approved March 4, 1909; Laws 
1909, Chap. 74.) 

Section 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 for by the 
wards they respectively represent; the Mayor to hold office 
for two years and until the qualification of his 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 qualification of their successors. 

Section 3225. (Sec. 4749.) Qualifications of Mayor. 

No person shall be eligible to the office of Mayor unless he 
shall be at least twenty-five years old and a taxpaying free- 



162 ELECTION LAWS OF MONTANA 

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. 

Section 3226. (Sec. 4750.) Terms of Aldermen, How 
Decided. At the first annual election held after the organi- 
zation of a city or town under this title, the electors of such 
city or town must elect two Aldermen from each ward, who 
must, at the first meeting of the Council, decide by lot their 
terms of office, one from each ward to hold office for a term 
of two years, and one for the term of one year, and until 
the qualification of their successors. 

Section 3227. (Sec. 4751.) Terms, When to Begin. 
The terms of all officers elected at a municipal election are 
to commence on the first Mondav in May after such election. 

Section 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 re- 
sided in the town or city for at least two years immediately 
preceding his election or appointment, and is not a qualified 
elector thereof. 

Section 3229. (Sec. 4753.) Qualifications of Aldermen. 
No person shall be eligible to the office of Alderman unless 
he shall be a taxpaying freeholder within the limits of a city 
and a resident of the ward so electing him, for at least one 
year preceding such election. 

Section 3230. (Sec. 4754.) Registration of Electors. 
The Council must provide by ordinance for the registration 
of electors 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. 

Section 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 muni- 
cipal election. 

Section 3232. Judges and Clerks of Election — Voting 
Places — Election Precincts. The Council must appoint judges 
and clerks 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 



ELECTION LAWS OF MONTANA 163 

precinct in which he resides, and all elections must be con- 
ducted 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- 
ter 59.) 

Section 3233. (Sec. 4757.) Canvass, When and How 

Made. On Monday following any election the Council must 
convene and publicly canvass the result, and issue certifi- 
cates of election to each person elected by a plurality of 
votes. When two or more persons have received an equal 
and highest number of votes for any one of the offices 
voted for, the Council must 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 newspaper published in such city or 
town. If the Mayor fails to call said meeting within said 
five days, any three Councilmen may call it. At such spe- 
cial meetings all elections, appointments, or other business 
may be transacted that could have been on the day first 
herein named. 

Section 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 received, then on 
or before the date fixed for the assumption by him of the 
duties of the office to which he may have been elected or 
appointed; but if any one, either elected or 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 of- 
fice becomes vacant; or if any officer absents himself from 
the city or town continuously for ten days without the con- 
sent of the Council, or openly neglects or refuses to discharge 
his duties, such office may be by the Council declared va- 
cant; 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. 

Section 3235. (Sec. 4759.) When Duties of Office 

Begin. The officers elected enter upon their duties the first 
Monday 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 ap- 
pointment. 



104 ELECTION LAWS OF MONTANA 

Section 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 suc- 
cessor. A vacancy in the office of Alderman must be filled 
from the ward in which the vacancy exists, but if the Coun- 
cil shall fail to fill such vacancy before the time for the 
next election the qualified electors of such city or ward may 
nominate and elect a successor to such office. 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 of- 
ficer. 



INDEBTEDNESS OF CITIES OR TOWNS— BONDS. 

Constitution — Article XIII. 

Section 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; pro- 
vided, however, that the Legislative Assembly may extend 
the limit mentioned in this section by authorizing municipal 
corporations to submit the question to a vote of the tax- 
payers 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 Indebtedness — Submission to 
Taxpayers. Whenever the Council of any city or town, hav- 
ing a corporate existence in this State, or hereafter organ- 
ized under the provisions of this title, shall deem it neces- 
sary to borrow money 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 indebtedness shall first 
be submitted to the qualified electors of such city or town 
in the manner hereinafter set forth; provided, that taxpay- 



ELECTION LAWS OF MONTANA 165 

ers only, as defined by Sections 468 (1187) and 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. 

Section 3455. Notice of Election— Ballots— Registra- 
tion of Voters. Notice of such election must be published 
for a period of not less than three weeks in some newspaper 
published 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 election the 
ballots must contain the words, "Bonds, Yes"; "Bonds, No"; 
and in voting the elector must make a cross thus "X" op- 
posite the answer for which he intends to vote. Such elec- 
tion 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. 



CHAPTER 12 OF THE LAWS OF THE SIXTEENTH LEG- 
ISLATIVE ASSEMBLY. 

"An Act Providing for the Levy of City and Town Taxes in 
Excess of the Number of Mills Now Allowed by Law, 
Whenever Authorized by a Vote of the Qualified Electors 
of Such City or Town Who Are Taxpaying Freeholders 
Therein." 

Be It Enacted by the Legislative Assembly of the State of 
Montana : 

Section 1. Whenever the Council of any city or town 
shall deem it necessary to raise money by taxation, in excess 
of the levy .1 ^w allowed by law, for any purpose for which 
said city or town is authorized to expend moneys raised by 
taxation in said city or town, it shall submit the question 
of such additional levy to the legal voters of such city or 
town who are taxpaying freeholders therein, either at the 
regular annual election held in said city or town, or at a 
special election called for that purpose by the Council of 
such city or town; provided, however, that such additional 
levy shall not exceed five (5) mills. 

Section 2. Where the question of making such addi- 
tional levy is so submitted, notice thereof shall be given by 
publication for at least thirty days prior to such election 



166 ELECTION LAWS OF MONTANA 

in every newspaper published in said city or town, and by 
posting a like notice for the same period of time in a public 
place in each ward of said city or town. 

Section 3. The submission of said question shall ex- 
pressly provide for what purpose such additional levy is to 
be made, and, if authorized, the money raised for such addi- 
tional levy shall be used for that specific purpose only; pro- 
vided, that if any balance remain on hand after the purpose 
for which said levy was made has been accomplished, such 
balance may, by vote of the Council, be transferred to any 
other fund of said city or town. 

Section 4. If at any time it is desired to submit the 
question of additional levies for more than one purpose that 
such propositions shall be submitted on separate ballots, 
each of which ballots shall be in substantially the follow- 
ing form : Shall the City (or Town) Council be authorized to 
make a levy of (here insert the number) mill taxes in addi- 
tion to the regular levy now authorized by law for the pur- 
pose of (here insert the purpose for which the additional 
levy is to be made.) 



□ 



For additional levy. 



□ 



Against additional levy. 



The voters shall mark the ballot or ballots in the same 
manner as other ballots are marked under the election laws 
of this State. The election shall be held, and the votes can- 
vassed and returned as in other city or town elections. If 
the majority voting on the question are in favor of such 
additional levy or levies, the City or Town Council shall so 
certify and such additional levy or levies of taxes shall be 
made by the City or Town Council for that year. 

Section 5. The Council may provide by ordinance for 
the registration of qualified electors who are taxpaying free- 
holders in such city or town, and no person shall be entitled 
to register or vote at such election who is not such taxpay- 
ing freeholder and qualified elector. 



BONDING FIRE DISTRICTS IN UNINCORPORATED 

CITIES AND TOWNS. 

Section 1. The Board of Directors of any duly organ- 
ized fire district in unincorporated cities or towns within this 
State, shall, whenever a majority of the Directors so decide, 



ELECTION LAWS OF MONTANA 167 

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 in- 
terest not exceeding six per cent per annum, and payable 
and redeemable at a certain time, for the purpose of purchas- 
ing fire equipment, necessary lands, erecting buildings for 
fire purposes and establishing pipe lines. No such bonds 
shall be issued unless a majority of all the votes cast at any 
such election shall be cast in favor of such issue. 

Section 2. Such election shall be held in the manner 
prescribed for the election of fire directors. The ballots 
shall be in form as follows: 

"Shall bonds be issued and sold to the amount of 

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 build- 
ings for fire purposes, and establishing pipe line?" 

"Bonds, Yes." 
"Bonds, No." 

The elector shall prepare his ballot by crossing out 
thereon parts of the ballot in such a manner that the re- 
maining part shall express his vote upon the question sub- 
mitted. If a majority of the votes cast at such election 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 signature of the President and 
Secretary may be affixed to coupons 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 pro- 
vided 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 bond shall be sold by the Fire 
Directors as hereinafter provided. 

(Sections 3-12, inclusive, bearing on Issue, Sale and Re- 
tirement of Bonds, omitted.) 



INITIATIVE AND REFERENDUM. 

(Amendment to Constitution of Montana, Section 1, 
Article V, declared in force by proclamation of Governor, 
December 7, 1906.) 

Section 1, Article V, of the Constitution be, and the 
same is hereby amended so as to read as follows: 



168 ELECTION LAWS OF MONTANA 

Section 1. The legislative authority of the State shall 
be vested in a Legislative Assembly, consisting of a Senate 
and a 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 appropria- 
tions 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 con- 
stitution, independent of the Legislative Assembly; and also 
reserve power at their own option, to approve or reject at 
the polls any act of the Legislative Assembly, except as to 
laws necessary for the immediate preservation of the pub- 
lic 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 special laws, as enumerated in Article V, Section 26, 
of this constitution. The first power reserved by the people 
is the Initiative, and eight per cent of the legal voters of 
the State shall be required to propose any measure by pe- 
tition; 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 coun- 
ty, 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 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 adjourn- 
ment of the session of the Legislative Assembly which passed 
the bill on which the Referendum is demanded. The veto 
power of the Governor shall not extend 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 peti- 
tion 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 provided by law. The 



ELECTION LAWS OF MONTANA 1«9 

whole number of votes cast for Governor at the regular 
election last preceding the filing of any petition for the 
Initiative and Referendum, shall be the basis on which the 
i. umber of the legal petitions and orders for the Initiative 
and icr 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 provided therefor. The enacting clause of every 
law originated by the Initiative shall be as follows: 
"Be It Enacted by the People of Montana:" 

This section shall not be construed to deprive any mem- 
ber of the Legislative Assembly of the right to introduce 
any measure. 



CODE PROVISIONS. 

(Sections refer to Revised Codes of 1907.) 

Section 106. Form of Petition for Referendum. The 

following shall be substantially the form of petition for the 
Referendum to the people on any Act passed by the Legisla- 
tive 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 in this State, is punishable by a fine 
not exceeding Five Hundred Dollars ($500) or imprisonment 
in the penitentiary not exceeding two years, or by both such 
fine and imprisonment. 

Petition for Referendum. 

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 re- 
ferred to the people of the State for their approval or re- 
jection, 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, 
postoffice address and voting precinct are correctly written 
after my name. 

Name ~~ . Residence 

Postoffice address 



170 ELECTION LAWS OF MONTANA 

If in city, street and number 

Voting precinct 

(Here follow numbered lines for signatures.) 
(Act approved March 2, 1907, Sec. 1; Tenth Session, 
Chap. 62.) 

Section 107. Form of Petition for Initiative. The fol- 
lowing 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 punishable 
by a fine of not exceeding Five Hundred Dollars ($500) or 
imprisonment in the penitentiary not exceeding two years, 
or by both such fine and imprisonment. 

Petition for Initiative. 
To the Hon , Secretary of State for 

the 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 Mon- 
tana, for their approval or rejection, at the regular, general 

or special election to be held on the day of 

, 19 , and each for himself, says: 

I have personally signed this petition, and my residence, 
postoffice address and voting precinct are correctly written 
after my name. 

Name. Residence 

Postoffice address , 

If in city, street and number 

Voting precinct 

(Numbered lines for names on each sheet.) 

Every such sheet for petitioners' signatures shall be at- 
tached 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 sec- 
tions, for convenience in handling, and referendum petitions 
may be filed in sections in like manner. (Act approved 
March 2, 1907, Sec. 2; Tenth Session, Chap. 62.) 

Section 108. Clerk to Verify Signatures to Petitions. 
The County Clerk of each county in which any such peti- 
tions shall be signed shall compare the signatures of the 
electors signing the same with their signatures on the regis- 
tration books and blanks on file in his office, for the pre- 
ceding general election, and shall thereupon attach to the 
sheets of said petition containing such signatures, his cer- 



ELECTION LAWS OF MONTANA 171 

tificate to the Secretary of State, substantially as follows: 

State of Montana, County of ss. 

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) petition, attached hereto, with the signatures of 
said electors as they appear on the registration books and 
blanks in my office; and I believe that the signatures of 
(names of signers) numbering (number of genuine signa- 
tures) 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 Secre- 
tary of State may consider and count such of the remaining 
signatures as may be proved to be genuine, and that the 
parties so signing were legally qualified to sign such peti- 
tions, and the official certificate of a Notary Public of the 
county in which the signer resides shall be required as to 
the fact for each of such last named signatures ; and the 
Secretary of State shall further compare and verify the of- 
ficial signatures and seals of all Notaries so certifying with 
their signatures and seals filed in his office. Such Notaries' 
certificates shall be substantially in the following form: 
State of Montana, County of ss. 

I, , a duly qualified and 

acting Notary Public in and for the above named county and 
State, do hereby certify: that I am personally acquainted 
with each of the following named electors whose signatures 
are affixed to the annexed petition, and I know of my own 
knowledge that they are legal voters of the State of Mon- 
tana and of the county and precincts written after their 
several names in the annexed petition, and that their resi- 
dence 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 



171 ELECTION LAWS OF MONTANA 

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 signa- 
tures, 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, disregarding clerical and merely technical 
errors. (Act approved March 2, 1907, Sec. 3; Tenth Ses- 
sion, Chap. 62.) 

Section 109. Notice to Governor and Proclamation. Im- 
mediately upon the filing of any such petition for the Ref- 
erendum or Initiative with the Secretary of State, signed by 
the number of voters and filed within the time required by 
the constitution, he shall notify the Governor in writing of 
the filing of such petition, and the Governor shall forthwith 
issue his proclamation, announcing that such petition has 
been filed, with a brief statement of its tenor and effect. 
Said proclamation shall be published four times for four con- 
secutive 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.) 

Section 110. Secretary of State to Certify Measures to 
Be Voted On — Printing Ballots. The Secretary of State, at 
the same time that he furnishes to the County Clerks of 
the several counties certified copies of the names of the can- 
didates for office, shall also furnish the said County Clerks 
his certified copy of the titles and numbers of the various 
measures to be voted upon at the ensuing general or special 
election, and he shall use for each measure a title designated 
for that purpose by the Legislative Assembly, committee, or 
organizations presenting and filing with him the act, or 
petition, for the Initiative or the Referendum, or in the peti- 
tion 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 number 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 ef- 
fect shall be numbered No. 6, and the next succeeding meas- 
ures shall be numbered in numerals consecutively 7, 8, 9 



ELECTION LAWS OF MONTANA IT.". 

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. 

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 Secretary of State 
and the relative position required by law. 

Measures proposed by the initiative shall be designated 
and distinguished from measures proposed by the Legislative 
Assembly by the heading, "Proposed Petition tor Initiative." 
(Act of March 8, 1913 ; Chapter 66, p. 129.) 

Section 111. Manner of Voting. The manner of voting 
on measures submitted to the people shall be: By marking 
the ballot with a cross in or on the diagram opposite and to 
the left of the proposition for which the voter desires to 
vote. The following is a sample ballot representing nega- 
tive votes: 

For Initiative Measure No. 6. 
Relating to Duties of Sheriffs. 



□ 

X Against said Measure No. 6. 

□ 

X Against said Measure No. 7. 



For Referendum Measure No. 7. 
Relating to Purchase of Insane Asylum. 



And no title on a ballot shall contain more than ten words, 
which shall be descriptive of the measure proposed. (Act of 
March 8, 1913 ; Chap. 66, p. 129.) 

Section 112. Printing and Distribution of Measures to 
Be Voted On. The Secretary of State shall, not later than 
the first Monday of the third month next before any general 
or special election at which any proposed law is to be sub- 
mitted to the people, cause to be printed a true copy of the 
title and text of each measure to be submitted, with the 
number and form in which the question will be printed on a 
separate official ballot. The paper to be used for the covers 
of such pamphlets shall be twenty by twenty-five inches, 
and fifty pounds weight to the ream. The persons, com- 
mittees, or duly authorized officers of any organization filing 
any petition for the Initiative, but no other person or or- 
ganization, shall have the right to place with the Secretary 
of State for distribution any pamphlets advocating such 
measure, not later than the first Monday of the fifth monili 
before the regular general or special election at which ike 



174 ELECTION LAWS OF MONTANA 

measure is to be voted on; any person, committee or organi- 
zation 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 month immediately 
preceding such election; as to pamphlets advocating or op- 
posing 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 organization; provided, that all smh 
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 or ten-point type, and printed on sized and 
super-calendered paper, twenty-five by thirty-eight irches, 
weighing fifty pounds to the ream. All such pamphlets shall 
be furnished to the Secretary of State at the sole 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 sufficient number is furnished to 
supply one to every legal voter in the State, but in such 
case he shall forthwith notify 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 pamphlet shall show the official 
numbers for and against, and the ballot title of the measure 
to which it refers, and whether it is intended to favor or op- 
pose 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 preceding such reg- 
ular general election, a sufficient number of said bound 
pamphlets to furnish one copy to every voter in his counts. 
And each County Clerk shall be required to mail to each 
registered voter in each of the several counties in the State 
at least one copy of the same, within thirty, days from the 
date of his receipt of the same from the Secretary of State, 
the mailing of said bound pamphlets shall be a part of the 
official duty of the County Clerk of each of the several 
counties and his official compensation shall be full compen- 
sation for this additional service. The Secretary of State 
shall not be obliged to receive or distribute any pamphlets 
advocating or opposing any measure unless the same shall be 
filed with him within the time herein provided. (Act ap- 
proved March 2, 1907, Sec. 7; Tenth Session, Chap. 62.) 

Section 113. Canvass of Votes. The votes on meas- 
ures 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 by the several County Clerks of votes on 



ELECTION LAWS OF MONTANA 175 

measures shall be returned to the Secretary of State on 
separate abstract sheets in the manner provided by Sec- 
tions 598 (1440) and 599 (1441) of the Political Code for ab- 
stracts 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 each measure, and the Gov- 
ernor shall forthwith issue his proclamation, which shall be 
published in two daily newspapers printed at the capital, 
giving the whole number of votes cast in the State for and 
against each measure and question, and declaring such meas- 
ures as are approved by a majority of those voting thereon 
to be in full force and effect as the law of the State of Mon- 
tana, from the date of said proclamation, designating such 
measures by their titles. (Act approved March 2, 1907, Sec. 
8; Tenth Session, Chap. 62.) 

Section 114. Who May Petition — False Signatures — 
Penalty. Every person who is a qualified elector of the 
State of Montana may sign a petition for the Referendum or 
for the Initiative. Any person signing any name other than 
his own to such petition or signing the same more than once 
for the same measure at one election, or who is not at the 
time of signing the same a legal voter of this State, or any 
officer or any person wilfully violating any provision of this 
statute, shall, upon conviction thereof, be punished by a fine 
not exceeding Five Hundred Dollars ($500) or by imprison- 
ment in the penitentiary not exceeding two years, or by both 
such fine and imprisonment in the discretion of the court 
before which such conviction be had. (Act approved March 
2, 1907, Sec. 9; Tenth Session, Chap. 62.) 

Section 115. Referred Bills Not Effective Until Ap- 
proved. A bill passed by the Legislative Assembly and re- 
ferred to popular vote at the next general election or at a 
special election, shall not be in effect until it is approved 
at such general or special election by a majority of those 
voting for and against it. (Act approved March 2, 1907, 
Sec. 10; Tenth Session, Chap. 62.) 

(Note — See also title, "Initiative and Referendum in 
Government of Cities and Towns.") 



INITIATIVE AND REFERENDUM IN CITIES AND 

TOWNS. 
Code Provisions. 

(Sections refer to Revised Codes of 1907. Act approved 
March 8, 1907; Laws 1907, Chapter 167.) 

Section 3266. Ordinances may be proposed by legal 
voters of any city or town in this State in the manner pro- 
vided in this Act, eight per cent of the legal voters of any 



176 ELECTION LAWS OF MONTANA 

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 ordinance 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 presentation of the petition to the Council, pass an 
ordinance similar to that proposed in the petition, either in 
exact terms or with such changes, amendments or modifica- 
tions as the Council may decide upon. If the ordinance 
proposed by the petition be passed without change it shall 
not be submitted to the people, unless a petition for Refer- 
endum demanding such submission shall be filed under the 
provisions of this Act. If the Council shall have made any 
change in the proposed ordinance, a suit may be brought in 
the district court in and for the county in which the city 
or town is situated, to determine whether or not the change 
is material. Such suit may be brought in the name of any 
one or more of the petitioners. 

The city shall be made the party defendant. Any elector 
of the city or town may appear in such suit in person or 
by counsel on the hearing thereof, but the court shall have 
the power to limit the number of counsel who shall be h^ard 
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 
complaint, 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 jurisdiction in such 
cases to determine whether or not the change made by the 
City Council is material, and also whether the petition was 
regular in form or substance, and shall 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 i» 
form and signed by a sufficient number of legal voters, 
then the ordinance proposed by the petition shall be sub- 
mitted to the people as provided in this Act. If the court 
shall decide that the ordinance passed by the Council was 



ELECTION LAWS OF MONTANA 177 

not materially different from that proposed in the petition, 
or that the petition was not regular in form, or not signed 
by a sufficient number of legal voters, the ordinance shall 
not be submitted to the people. If the court shall decide 
that the changes made by the Council were material, but 
that the petition was irregular for some reason or not prop- 
erly or sufficiently signed, a new petition regular in form 
may be presented by the required number of legal voterr 
asking the Council to submit such ordinance to the people, 
and thereupon the same shall be so submitted as provided 
in this Act. If the Council shall not within sixty days pass 
an ordinance on the subject of the ordinance proposed in 
the petition, then the ordinance proposed by the petition 
shall be submitted to the people. Before submitting such 
ordinance to the people, the Mayor or City or Town Council 
may direct that a suit be brought in the district court in 
and for the county, in the name of the city or town, to de- 
termine whether the petition and ordinance are regular in 
form and whether the ordinance so proposed would be valid 
and constitutional. The complaint shall name as defendants 
not less than ten nor more than twenty of the petitioners. 
In addition to the names of such defendants, in the caption 
to the body 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 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 city, 
in at least one newspaper published in the city or town. In 
all suits brought under this section the decision of the dis- 
trict court shall be final, except in cases where it shall 
decide that the proposed ordinance would be unconstitutional 
or invalid as being beyond the powers of the City or Town 
Council, and in such excepted cases the petitioners or any 
of them, may appeal to the Supreme Court as in other cases, 
but shall not be required to give any bond for costs. The 
decision of the district court holding such ordinance valid 
or constitutional shall not, however, prevent the question to 
be raised subsequently, if the ordinance shall be passed and 
go into effect, by any one affected by the ordinance. No 
costs shall be allowed to either side in suits or appeals under 
this section. 

Section 3267. Any ordinance proposed by petition as 
aforesaid, which shall be entitled to be submitted to the 
people, shall be voted on at the next regular election to be 
held in the city or town, unless the petition therefor shall 
ask that the same be submitted at a special election and 



178 ELECTION LAWS OF MONTANA 

such petition be signed by not less than fifteen per cent of 
the electors qualified to vote at the last preceding municipal 
election. 

Section 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 ex- 
pressed in the preamble or in the body of the measure, and 
the measure must receive a two-thirds vote of all the mem- 
bers elected. 

In emergency ordinances the resolution shall include only 
such measures as are immediately necessary for the pres- 
ervation of peace, health and safety, and shall not include 
a franchise or license to a corporation or individual, nor any 
provision for the sale of real estate, nor any lease or letting 
of any property for a period exceeding one year, nor the 
purchase or sale of personal property exceeding five thou- 
sand dollars in value. 

Section 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 may, by petition ad- 
dressed 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. 

Section 3270. Any measure on which a referendum is 
demanded under the provisions of this Act shall be submitted 
to the electors of the city or town at the next municipal elec- 
tion, providing 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 fif- 
teen per cent of the qualified electors of the city or town, 
the measures shall be submitted at a special election to be 
held for the purpose. 

Section 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 may like- 
wise submit to the electors at a general election any ordi- 
nance passed by the City or Town Council. 

Section 3272. Whenever a measure is ready for sub- 
mission to the electors, the Clerk of the city or town shall, in 
writing, notify the Mayor thereof, who forthwith shall issue 
a proclamation setting forth the measure and the date of the 
election or vote to be had thereon. Said proclamation shall 
be published four days in four consecutive weeks in each 
daily newspaper in the municipality, if there be such, other- 



ELECTION LAWS OF MONTANA 179 

wise in the weekly newspapers published in the city or town. 
In case there is no weekly newspaper published, the proclama- 
tion and the measure shall be posted conspicuously through- 
out the city or town. 

Section 3273. The question to be balloted upon by the 
electors shall be printed on the initiative or referendum ballot 
and the form shall be that prescribed by law for questions 
submitted at State elections. The referendum or initiative 
ballots shall be counted, canvassed and returned by the regu- 
lar board of judges, clerks and officers, as votes for candi- 
dates for office are counted, canvassed 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 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 munici- 
pality for and against such measure, and it shall be pub- 
lished 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. 

Section 3274. The qualifications for voting on questions 
submitted to the electors, under the provisions hereof, shall 
be the same as those required for voting at municipal elec- 
tions in the city or town at elections for Mayor or Aldermen 
thereof. And where, by the laws of the State, or by ordi- 
nance of the city or town made in pursuance thereof electors 
are required to register in order to be qualified to vote at 
municipal elections, the registration book or books shall be 
prima facie evidence of the right to sign any petition herein 
provided for. 

Section 3275. The form of petitions and the proceed- 
ings 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. 

Section 3276. The provisions of this Act regarding the 
referendum shall not apply to ordinances which are required 
by any law of the State to be submitted to the voters or 
the electors or taxpayers of any city or town. 



ISO ELECTION LAWS OF MONTANA 

COMMISSION FORM OF GOVERNMENT FOR CITIES. 

(Twelfth Session Laws, 1911, Chapter 57.) 
(As amended by Chapter 2, Session Laws 1915.) 

Chapter 57. 

An Act Providing for a Commission Form of Government 
for Cities, Providing for the Election of Officers Therein, 
Defining Their Duties and Powers and Providing for Their 
Compensation. 
Be It Enacted by the Legislative Assembly of the State of 
Montana: 

Section 1. Any city may abandon its organization and 
reorganize under the provisions of this Act by proceeding as 
hereinafter provided. 

Section 2. Upon a petition being filed with the City 
Council, signed by not less than 25 per cent of the qualified 
electors of such city registered for the last preceding gen- 
eral city election, praying that the question of reorganization 
under this Act be submitted to the qualified electors of such 
city, said City Council shall thereupon and within thirty days 
thereafter, order a special election to be held, at which elec- 
tion the question of reorganization of such city, under the 
provisions of 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 
ninety days from the date of the filing of such petition. 

Section 3. Upon the City Council ordering such special 
election to be held, the Mayor of such city shall issue a proc- 
lamation setting forth the purpose for which such special 
election is called, and the date of holding such special elec- 
tion, which proclamation shall be published for ten consecu- 
tive 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. 

Section 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 quali- 
fied electors of the City of the question of reor- 
ganization 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 
public places in said municipality. 



ELECTION LAWS OF MONTANA 181 

"Against reorganization of the City of 

under Chapter (name of chapter containing this Act) of the 
Acts of the Twelfth Legislative Assembly." 

Such election shall be conducted and vote canvassed and 
result declared in the same manner as provided by law in 
respect to other city elections. 

Section 5. If such proposition is adopted, the Mayor 
shall transmit to the Governor, to the Secretary of State 
and to the County Clerk and Recorder each a certificate 
stating that such proposition was adopted. 

If such proposition shall not be adopted at such special 
election, such proposition shall not again be submitted to the 
electors of such city within a period of two (2) years there- 
after. 

Section 6. If a majority of the votes cast at such elec- 
tion shall be in favor of such proposition, the City Council 
must, at its first regular meeting held thereafter, order a 
special election to be held for the purpose of electing a 
Mayor and the number of Councilmen to which such city 
shall be entitled, which order shall specify the time of hold- 
ing such election which must be within ninety days after the 
•making of said order, and the Mayor shall thereupon issue 
a proclamation setting forth the purposes for which such 
special election is called and the day of holding the same, 
which proclamation shall be published for ten successive days 
in each daily newspaper published in such city, if there be 
such, otherwise once a week for two consecutive weeks in 
each weekly newspaper published therein, and a copy thereof 
shall also be posted at each voting place within said city, and 
also in at least ten of the most public places in said city. 

Section 7. Such election shall be conducted, the vote 
canvassed and result declared in the same manner as pro- 
vided by law in respect to other city elections. 

Section 8. All laws governing cities of the first, second 
and third classes and not inconsistent with the provisions of 
this Act, shall apply to and govern cities organized under 
this Act. All by-laws, ordinances and resolutions lawfully 
passed and in force in any such city under its former organ- 
ization shall remain in force until altered or repealed by the 
Council elected under the provisions of this Act. The terri- 
torial limits of such city shall remain the same as under the 
former organization and all rights and property of every 
description which were vested in any such city under its for- 
mer organization shall vest in the same under the organiza- 
tion herein contemplated, and no right or liability either in 
favor of or against it, existing at the time, and no suit or 
prosecution of any kind shall be affected by such change. 
unless otherwise provided for in this Act. 



182 ELECTION' LAWS OF MONTANA 

Section 9. In every city of the third class there shall 
be a Mayor and two Councilmen ; in every city of the second 
class, a Mayor and two Councilmen; in every city of the 
first class having a population of less than 25,000, a Mayor 
and two Councilmen, and in every city of the first class hav- 
ing a population of 25,000 or more, a Mayor and four Coun- 
cilmen, 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. 

Section 10. The Mayor and Councilmen elected at such 
special election shall qualify and their terms of office shall 
begin on the first Monday after their election, and the terms 
of office of the Mayor and Councilmen or Aldermen in such 
city in office at the beginning of the term of office of the 
Councilmen first elected under the provisions of this Act 
shall then cease and determine, and the terms of office of all 
their appointed officers in force in such city, except as here- 
inafter provided, shall cease and determine as soon as the 
Council shall by resolution declare. 

Section 11. The terms of office of the Mayor and all 
Councilmen elected at such special election shall expire on the 
first Monday in May of the year following their election. At 
the first regular city election held in the year in which the 
terms of office of the Mayor and Councilmen elected at such 
special election shall expire, a Mayor and two Councilmen 
shall be elected in cities having a population of less than 
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, begin- 
ning with the first Monday in May of that year; a Mayor 
and four Councilmen shall be elected in cities having a popu- 
lation of 25,000 or more : and the Mayor elected at such first 
general citv election shall hold office for two years. Two of 
the Councilmen elected at such first general city election shall 
hold office for one year and the other two of" the Councilmen 
elected at such first general city 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 election 
shall decide by lot in such manner as they may select which 
thereof shall hold the office of Councilman the term of which 



ELECTION LAWS OF MONTANA L83 

expires one year thereafter, and which thereof shall hold 
the office of Councilman the term of which expires two years 
thereafter. 

Section 12. Candidates to be voted for at all general 
municipal elections at which a Mayor or Councilman are to 
be elected under the provisions of this Act, shall be nomi- 
nated by a primary election, and no other names shall be 
placed upon the general ballot except those selected in the 
manner hereinafter prescribed. The primary election for 
such nominations shall be held on the second Monday preced- 
ing 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 be- 
come a candidate for Mayor or Councilman, shall, at least 
ten days prior to said primary election, file with the City 
Clerk a statement of such candidacy in substantially the 
following form: 

State of Montana, County of ss. 

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 be held on the... 

Monday of , 19 _"., and I hereby request that my 

name be printed upon the official primary ballot for nomina- 
tion by such primary election for such office. 

Signed 

Subscribed and sworn to (or affirmed) before me by 

on this day of. , 

19... 

Signed 

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

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 



184 ELECTION LAWS OF MONTANA 

election to be held in such city on the ...Monday ©1 

, 19 We further state that we know 

him to be a qualified elector of said city and a man of good 
moral character, and qualified, in our judgment, for the du- 
ties of such office. 

Names of Qualifying Electors. No. Street. 



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

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, in proper 
form, the names of the persons as they are to appear, upon 
the primary ballots, and if there be no daily newspaper, then 
in two issues of any other newspapers that may be pub- 
lished 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 the said ballots the names of 
the candidates for Mayor, arranged alphabetically, shall first 
be placed, with a square at the left of each name, and im- 
mediately below the words, "Vote for one." Following these 
names, likewise arranged in alphabetical order, shall appear 
the names of the candidates for Councilman, with a square 
at the left of each name, and below the names of such can- 
didates shall appear the words, "Vote for (giving the num- 
ber 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 Council- 
men of the City of at 

the Primary Election. 

But shall have no party designation or mark whatever. The 
ballots shall be in substantially the following form: 

(Place a cross in the square preceding the names of the 
parties you favor as candidates for the respective positions.) 



ELECTION LAWS OF MONTANA 185 

Official Primary Ballot. 

Candidates for Nomination for Mayor and Council- 
men of the City of at 

the Primary Election. 

For Mayor. 

(Name of Candidate.) 

(Vote for One.) 

For Councilman. 

(Name of Candidate.) 

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

Official Ballot Attest: 

Signature 

City Clerk. 
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 chal- 
lenges made at such election. Judges of election shall im- 
mediately upon the closing of the polls count the ballots and 
ascertain the number of votes cast in such precinct for each 
of the candidates for Mayor and Councilman, and make 
return thereof to the City Clerk upon the proper blanks to 
be furnished by the City Clerk within six hours of the clos- 
ing of the polls. On the day following the primary elec- 
tion the City Clerk shall canvass said returns so received 
from all the polling precincts and shall make and publish in 
all the newspapers in said city, at least once, the result 
thereof. Said canvass by the City Clerk shall be publicly 
made. If a Mayor 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 candidates for 
Councilmen. If two Councilmen are to be elected at such 
general municipal election, the four persons receiving the 
highest number of votes shall be the candidates for Council- 
men, and if three Councilmen are to be elected at such mu- 
nicipal election, the six persons receiving the highest num- 
ber of votes shall be candidates for Councilmen, and if four 
Councilmen are to be elected at such general municipal elec- 
tion, the eight persons receiving the highest number of votes 



186 ELECTION LAWS OF MONTANA 

shall be candidates for Councilmen at such general election, 
and these shall be the only candidates for Mayor and Coun- 
cilmen 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 vote 
for the election of officers at any general municipal election 
in such cities, shall be qualified to vote at all elections under 
this Act; and the ballots to be used at such general munici- 
pal election shall be in the same general form as for such 
primary elections so far as applicable, and in all elections 
in such cities the election precincts, voting places, method 
of conducting the election, canvassing of votes and an- 
nouncing 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 inconsistent with the provisions of 
this Act. 

Every person who has been declared elected Mayor or 
Councilman shall within ten (10) days thereafter take and 
file with the City Clerk his oath of office in the form and 
manner provided by law, and shall execute and give sufficient 
bond to the municipal corporation in the sum of Ten Thou- 
sand ($10,000.00) Dollars, conditioned for the faithful per- 
formance 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. 

Section 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 interest of 
any candidate shall be punished by a fine not exceeding 
Three Hundred ($300.00) Dollars or be imprisoned in the 
county jail not exceeding thirty days. 

Section 14. Any person offering to give a bribe, either 
in money or other consideration, to any elector for the pur- 
pose of influencing his vote at any election provided in this 
Act, or any elector entitled to vote at any such election re- 
ceiving and accepting such bribe or other consideration ; 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 at 
any election provided in this Act; any person making false 
answer to any of the provisions of this Act relative to his 
qualifications to vote at such election ; any person wilfully 
voting or offering to vote at such election who has not been 
a resident of this State for one year next preceding said 
election, or who is not twenty-one years of age, or is not 
a citizen of the United States, or knowing himself not to 
be a qualified elector of such precinct where he offers to 



ELECTION LAWS OF MONTANA 187 

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. 

(Sections 15-22, inclusive, bearing on Powers and Du- 
ties of Council, omitted.) 

Section 23. Every ordinance or resolution appropriating 
money or ordering any street improvement or sewer, or 
making or authorizing the making of any contract, or grant- 
ing any franchise or right to occupy or use the streets, high- 
ways, 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 there- 
of. No franchise or right to occupy or use the streets, high- 
ways, bridges or public places in any such city shall be 
granted, renewed or extended, except by ordinance, and 
every franchise or grant for interurban or street railways, 
gas, or water works, electric light, or power plant, heating 
plant, telegraph or telephone systems, or other public serv- 
ice 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. 

(Sections 24-28, inclusive, relating to Powers and Duties 
of Council, omitted.) 

Section 29. The holder of any elective office may be 
removed at any time by the electors qualified to vote for a 
successor of such incumbent. The procedure to effect the 
removal of an incumbent of an elective office shall be as 
follows: A petition signed by 25 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 filed with the City Clerk, 
which petition shall contain a general statement of i.he 
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 such petition the 
City Clerk shall examine, and from the voters' register asce . - 
tain whether or not said petition is signed by the requisite 
number of qualified electors, and, if necessary, the Council 



188 ELECTION LAWS OF MONTANA 

shall allow him extra help for that purpose; and he shall at- 
tach to said petition his certificate, showing the result of 
said examination. If, by the Clerk's certificate, the petiti n 
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 examina- 
tion 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 Le 
deemed to be sufficient the Clerk shall submit the same to 
the Council without delay. If the petition shall be found to 
be sufficient the Council shall order and fix a date for hold- 
ing said election, not less than seventy (70) days nor more 
than eighty (80) days from the date of the Clerk's certifi- 
cate to the Council that a sufficient petition is filed. 

The Council shall make, or cause to be made, publication 
of notice and all arrangements for holding such election, and 
the same shall be conducted, returned and the result thereof 
declared, in all respects as are other elections. 

As far as applicable, except as otherwise herein pro- 
vided, nominations hereunder shall be made without the in- 
tervention 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 by electors en- 
titled to a vote at said special election equal in number to at 
least ten per cent of the entire number of persons registered 
to vote at the last preceding general municipal election, 
which said statement of candidacy and petition shall be sub- 
stantially 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 such person is a candidate for election 
instead of nomination. 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. 

Official ballot attest. 

(Signature) 

City Clerk. 
The successor of any officer so removed shall hold of- 
fice during the unexpired term of his predecessor. Any per- 
son sought to be removed may be a candidate to succeed 
himself, and unless he requests otherwise in writing, the 



ELECTION LAWS OP MONTANA 189 

Clerk shall place his name on the official ballot without 
nomination. In any such removal election, the candidate re- 
ceiving 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 the office upon the qual- 
ification 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 of- 
fice shall be deemed vacant. If the incumbent receives the 
highest number of votes, he shall continue in office. The 
said method of removal shall be cumulative and additional 
to the methods heretofore provided by law. 

Section 30. Any proposed ordinance may be submitted 
to the Council by petition signed by electors of the city equal 
in number to the percentage hereinafter required. The sig- 
nature, verification, inspection, certification, amendment and 
submission of such petition shall be the same as provided 
for petition under Section 29 hereof. If the petition accom- 
panying 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 Coun- 
cil, such Council shall either — 

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

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

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

The ballots used when voting upon said ordinance shall 
contain these words: "For the ordinance" (stating the na- 
ture of the proposed ordinance), and "Against the ordinance" 
(stating the nature of the proposed ordinance.) If a ma- 
jority of the qualified electors voting on the proposed ordi- 
nance shall vote in favor thereof, such ordinance shall there- 



190 ELECTION LAWS OF MONTANA 

upon become a valid and binding ordinance of the city; and 
any ordinance proposed by the petition (of) which shall be 
adopted by a vote of the people, cannot be repealed or 
amended except by a vote of the people. 

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

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

Section 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 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 presented to the Council, the same shall 
thereupon be suspended from going into operation, and it 
shall be the duty of the Council to reconsider such ordinance ; 
and if the same is not entirely repealed, the Council shall 
submit the ordinance, as is provided by Subdivision (b) of 
Section 30 of this Act, to the vote of the electors of the city, 
either at a general election or at a special municipal election 
to be called for that purpose; and such ordinance shall not 
go into effect or become operative unless a majority of the 
qualified electors voting on the same shall vote in favor 
thereof. Said petition shall be in all respects in accordance 
with the provisions of said Section 30, except as to the per- 
centage of signers, and be examined and certified to by the 
Clerk in all respects as therein provided. 

Section 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 provi- 



ELECTION LAWS OF MONTANA L91 

sions of the general law of the State then applicable to cities 
of its population. 

Upon the petition of not less than 25 per centum of the 
electors of such city registered for the last preceding general 
election, a special election shall be called, at which the follow- 
ing proposition only shall be submitted : 

"Shall the city of (name the city) abandon its organiza- 
tion under Chapter 57 of the Acts of the Twelfth Legislative 
Assembly and become a city under the general law govern- 
ing 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 elec- 
tion be in favor of such proposition, the officers elected at 
the next succeeding biennial election shall be those then pre- 
scribed by the general law of the State for cities of like pop- 
ulation, and upon the qualification of such officers such city 
shall become a city under such general law of the State, but 
such change shall not in any manner or degree affect the 
property, rights or liabilities of any nature of such city but 
shall merely extend to each change in its form of govern- 
ment. 

The sufficiency of such petition shall be determined, 
the election ordered and conducted and the results declared 
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 provisions 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. 

(Act approved March 18, 1913 ; Chapter 128, Laws 1913, 
p. 480.) 

Section 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 time 
of signing, legal voters of said city, and the number of sign- 
ers at the time the affidavit was made. 

Section 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 municipal corporations, 
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 conflict or inconsistent with 
the provisions of this Act. 






1»2 ELECTION LAWS OF MONTANA 

COMMISSION-MANAGER FORM OF GOVERNMENT FOR 

CITIES AND TOWNS. 

(Sections in brackets are as amended by Chapter 44 of 
the Laws of the Sixteenth Legislative Assembly.) 

Chapter 152 of the Laws of the Fifteenth Legislative 

Assembly. 

"An Act Providing for the Commission-Manager Plan of 
Government for Cities and Towns, Providing for the Elec- 
tion of Officers Therein, Defining Their Duties and Pow- 
ers and Providing for Their Compensation." 

Be It Enacted by the Legislative Assembly of the State of 
Montana : 

Section 1. Any municipality may abandon its organiza- 
tion and reorganize under the provisions of this Act, by pro- 
ceeding as hereinafter provided. 

Section 2. Upon a petition being filed with the City 
or Town Council, signed by not less than twenty-five per 
cent of the qualified electors of such municipality registered 
for the last preceding general municipal election, praying 
that the question of reorganization under this Act be sub- 
mitted to the qualified electors of such municipality, said 
City or Town Council shall thereupon and within thirty days 
thereafter, order a special election to be held, at which elec- 
tion the question of reorganization of such municipality 
under the provisions of this Act shall be submitted to the 
qualified electors of such municipality. 

Such order of the City or Town Council shall specify 
therein the time when such election shall be held, which 
must be within ninety days from the date of filing of such 
petition. 

Section 3. Upon the City or Town Council ordering such 
special election to be held, the Mayor of such municipality 
shall issue a proclamation setting forth the purpose for 
which such special election is held, and the date of holding 
such special election, which proclamation shall be published 
for ten consecutive days in each daily newspaper published 
in said municipality, if there be such, otherwise once a week 
for two consecutive weeks in each weekly newspaper pub- 
lished therein, and such proclamation shall also be posted in 
at least five public places within such municipality. 

Section 4. At such election the ballots to be used shall 
be printed on plain white paper, and shall be headed "Special 
election for the purpose of submitting to the qualified elect- 
ors of (city, town) of (name of city or town) under Chapter 
(name of chapter containing this Act) of the Acts of the 
Fifteenth Legislative Assembly," and shall be substantially 
in the following form: 



ELECTION LAWS OF MONT I 

For reorganization of the (city, town) of (nam.' of 
or town) under Chapter (name of chapter containing this 
Act) of the Acta of the Fifteenth Legislative \ embly. 

ainst reorganization of the (city, town) of (name 
city or town) under Chapter (name of chap ntaining 

this Act) of the Acts of tln> Fifteenth Legislative Assembly. 

Such election shall be conducted and vote canvassed and 
result declared in the same manner as provided by law In 

respect to other municipal elections. 

Section 5. it' such proposition is adopted, the All 
shall transmit to the Governor, to the Secretary of State and 
to the CoUnty Clerk and Recorder, each, a certifi< • ;it in^- 

that BUCh proposition was adopted. 

If such proposition shall not be adopted at such special 
election, such proposition shall not again be submitted to the 
electors of such municipality within a period of two ye. 
thereafter. 

Section 6. If the majority of the votes cast at such 
election shall be in favor of BUCh proposition, the City or 
Town Council must hold a meeting within two weeks there- 
after, and. at such meeting, order a special election to be 
held for the purpose of electing the number of Comnr 
sioners to which such municipality shall be entitled, which 
order shall specify the time of holding such election which 
must be within ninety days after the making of such order, 
and the Mayor shall thereupon issue a proclamation setting 
forth the purpose for which such special election is held 
and the day of holding the same, which proclamation shall 
be published for ten successive days in each daily newspaper 
published in such municipality, if there be such, otherw 
for two successive weeks in each weekly newspaper published 
therein and a copy thereof shall also be posted at each voting 
place within said municipality and also in five of the most 
public places in said municipality. 

Section 7. Such election shall be conducted, the vote 
canvassed and the result declared in the same manner as 
provided by law in respect to other municipal elections. 

Section 8. All laws filing municipalities of like 

population and not inconsistent with the provisions of this 
Act, shall apply to and govern municipalities organized under 
this Act. All by-laws, ordinances and resolutions lawfully 
passed and in force in any such municipality under its or- 
ganization not in conflict herewith, shall remain in force 
until altered or repealed by the Commission under the pro- 
visions of this Act. The territorial limits of such munici- 
pality shall remain the same as under the former organiza- 
tion and all rights and property of every description which 
were vested in any such municipality under its former or- 
ganization, shall vest in the same under the organization 



194 ELECTION LAWS OF MONTANA 

herein contemplated, and no right or liability either in favor 
of or against it, existing at the time, and no suit or prosecu- 
tion of any kind shall be affected by such change, unless 
otherwise provided for in this Act. 

[Section 9.] Whenever the inhabitants of any commu- 
nity or group of communities in any county, whether sep- 
arately incorporated in whole or in part, or unincorporated, 
which are situated in such proximity or location with refer- 
ence to each other as to make single municipal control neces- 
sary or desirable, shall desire to be organized into or an- 
nexed to an incorporated city or town under the provisions 
of this Act, the Board of County Commissioners of such 
county may or upon the presentation of a petition signed by 
not less than twenty-five per cent of the qualified electors 
in such community or group of communities must issue a 
proclamation ordering a special election to be held, at which 
election the question of the organization of such community 
or group of communities as a municipality under the provi- 
sions of this Act shall be submitted to the qualified electors 
within the proposed municipal district. Said proclamation 
shall specify the time when and the places where such elec- 
tion shall be held, which must be within ninety days from 
the date of filing such petitions, and shall define the boun- 
daries of said proposed municipal district, which shall in- 
clude all such communities and cities and such additional 
adjacent territories as shall in the judgment of the Board 
of County Commissioners provide for future urban growth. 

If a majority of the legal voters at said election vote 
in favor of the organization of such municipal district, or 
in favor of annexation to an incorporated city or town, then 
the Board of County Commissioners shall declare the result 
of said elections and immediately thereafter shall give notice 
for thirty days in a newspaper published within the pro- 
posed municipal district, or if none be published therein 
by posting notices in six public places within the limits of 
the said district, of the time and place or places of holding 
the first election for Commissioners of such municipal dis- 
trict under this law. At such election all electors qualified 
by the general election laws of the State who have resided 
within the limits of the municipal district for six months 
are qualified electors. The Board of County Commissioners 
must appoint judges and clerks of election and canvass and 
declare the result thereof. The election must be conducted in 
the manner prescribed by law for the election of county of- 
ficers and the Commissioners so elected must qualify in the 
manner prescribed by law for county officers. 

Section 10. The inhabitants of any municipality, com- 
ing under the provisions of this Act, as its limits now are, 
or may hereafter be, shall be a body politic and corporate 
and have a corporate name, and as such shall have perpetual 



ELECTION LAWS OF MONTANA 195 

succession, and may use a corporate seal. Through its duly 
elected officers, it may sue and be sued; may acquire prop- 
erty in fee simple or lesser interest or estate by purchase, 
gift, devise, appropriation, lease, or lease with the privilege 
to purchase for any municipal purpose; may sell, lease, hold, 
manage and control such property, and make any and all 
rules and regulations by ordinance or resolution which may 
be required to carry out fully all provisions of any convey- 
ance, deed, or will, in relation to any gift or bequest, or the 
provisions of any lease by which it may acquire property; 
may acquire, construct, own, lease and operate and regulate 
public utilities ; may assess, levy and collect taxes for gen- 
eral and special purposes on all the subjects or objects which 
the municipality may lawfully tax; may borrow money on 
the faith and credit of the municipality by the issue or sale 
of bonds or notes of the municipality; may appropriate 
money of the municipality for all lawful purposes, may cre- 
ate, provide for, construct, regulate and maintain all things 
of nature of public works and improvements ; may levy and 
collect assessments for improvement districts and other local 
improvements ; may license and regulate persons, corpora- 
tions and associations engaged in any business, occupation, 
profession or trade; may define, prohibit, abate, suppress 
and prevent all things detrimental to the health, morals, 
comfort, safety, convenience and welfare of the inhabitants 
of the municipality, and all nuisances and the causes there- 
of; may regulate' the construction, height and the material 
used in all buildings, and the maintenance and occupancy 
thereof; may regulate and control the use, for whatever 
purpose, of the streets and other public places ; may create, 
establish, abolish and organize offices and fix the salaries 
and compensations of all officers and employees; may make 
and enforce local sanitary and police and other regulations ; 
and may pass such ordinances as may be expedient for main- 
taining and promoting peace, good government and welfare 
of the municipality, and for the performance of the func- 
tions thereof. The municipality shall have all powers that 
now are, or hereafter may be granted to municipalities by 
the constitution or laws of Montana; and all such powers, 
whether expressed or implied, shall be exercised and en- 
forced in the manner prescribed by this Act, or when not 
prescribed therein, in such manner as shall be prescribed 
by the ordinances or resolutions of the Commission. 

Section 11. (Repealed by Section 7 of Chapter 44 of 
the Laws of the Sixteenth Legislative Assembly.) 

Section 12. The form of government provided for in 
this Act shall be known as the "Commission-Manager Plan," 
and shall consist of a Commission of citizens, who shall be 
elected at large in the manner hereinafter provided. The 
Commission shall consist of three Commissioners for all mu- 



196 ELECTION LAWS OF MONTANA 

nicipalities having a population less than twenty-five thou- 
sand (25,000), and five Commissioners for all cities having a 
population of twenty-five thousand (25,000) or more. The 
Commission shall constitute the governing body with powers 
as hereinafter provided, to pass ordinances, adopt regula- 
tions, and appoint a chief administrative officer to be known 
as the "City Manager," and exercise all powers as herein- 
after provided. 

Section 13. The Commissioners elected at the first elec- 
tion, shall qualify and their terms of office shall begin on 
the first Monday after their election, and the terms of office 
of the Mayor and Councilmen or Aldermen in such city or 
town in office at the beginning of the term of office of the 
Commissioners first elected under the provisions of this Act 
shall then cease and terminate, and the terms of office of 
all their appointed officers in force in such city or town 
shall cease and terminate as soon as the Commissioners shall 
by resolution declare. All Commissioners shall serve for a 
term of four years and until their successors are elected 
and have qualified; except that at the first election the 
two candidates having the highest number of votes shall 
hold office for a period of four years, less the time elapsed 
since the first of January of the even numbered year last 
preceding. The terms of office of all other candidates shall 
expire on the first day of January in an even numbered 
year following the special election provided for in this Act. 

Section 14. Vacancies in the Commission shall be filled 
by the Commission for the remainder of the unexpired term, 
but any vacancy resulting from a recall shall be filled in 
the manner provided in such case. 

Section 15. Members of the Commission shall be resi- 
dents of the city or town and have the qualifications of 
electors, and own real estate situated therein to the assessed 
value of not less than one thousand dollars. Commissioners 
and other officers and employees shall not hold any public 
office or employment, except in the State militia, as school 
trustees, or notary publics, and shall not be interested in 
the profits or emoluments of any contract, job, work or 
service for the municipality. Any Commissioner who shall 
cease to possess any of the qualifications herein required, 
shall forthwith forfeit his office, and any such contract in 
which any member is or may become interested, may be de- 
clared void by the Commission. 

No Commissioner or other officer or employee of said 
city or town shall accept any frank, free ticket, passes or 
service, directly or indirectly, from any person, firm or cor- 
poration upon terms more favorable than are granted to 
the public generally. Any violation of the provisions of this 
section shall be a misdemeanor. Such provisions of free 



ELECTION LAWS OF MONTANA 197 

service shall not apply to policemen or firemen in uniform 
or wearing their official badges, where the same is provided 
by ordinance. 

Section 16. Candidates to be voted for at all general 
municipal elections at which Commissioners are to be elected 
under the provisions of this Act, shall be nominated by a 
primary election, and no other names shall be placed upon 
the general ballot except those selected in the manner here- 
inafter prescribed. The primary election for such nomina- 
tions shall be held on the last Tuesday of August of the 
odd numbered years. 

Any qualified elector of the municipality, who is the 
owner of real estate situated therein to the value of not less 
than One Thousand Dollars, desiring to become a candidate 
for Commissioner, shall at least ten days prior to said pri- 
mary election file with the Clerk of the Commission a state- 
ment of such candidacy in substantially the following form: 

State of Montana, County of ss. 

I, , being first duly sworn, say that 

I reside at street, city 

(town) of , county of , 

State of Montana; that I am a qualified voter therein; that 
I am a candidate for nomination to • the office of Commis- 
sioner to be voted upon at the primary election to be held 

on the last Tuesday of August, 19 , and I hereby request 

that my name be printed upon the official primary ballot for 
nomination by such primary election for such office. 

(Signed) 

Subscribed and sworn to (or affirmed) before me by 
on this day of 

----- , 19 

(Signed) 

And shall at the same time file therewith the petition of at 

least twenty-five qualified voters requesting such candidacy. 

Each petition shall be verified by one or more persons as to 

qualifications and residence, with street number, of each of 

the persons so signing the said petition, and the said petition 

shall be in substantially the following form: 

Petition Accompanying Nominating Statement. 

The undersigned duly qualified electors of the (city, 

town) of , and residing at the places 

set opposite our respective names hereto, do hereby request 
that the name of (name of candidate) be placed on the bal- 
lot as a candidate for nomination to the office of Commis- 
sioner at the primary election to be held on the last Tuesday 

of August, 19 We further state that we know him to be 

a qualified elector of said (city, town) and a man of good 
moral character, and qualified, in our judgment, for the du- 



198 ELECTION LAWS OF MONTANA 

ties of such office, and we individually certify that we have 
not signed similar petitions greater in number than the num- 
ber of Commissioners to be chosen at the next general mu- 
nicipal election. 

Names of Qualifying Electors. Number. Street. 
(Space for Signatures.) 
State of Montana, County of — ss. 

, being duly sworn, deposes and 

says that he knows the qualifications and residence of each 
of the persons signing the appended petition, and that such 
signatures are genuine and the signatures of the persons 
whose names they purport to be. 

(Signed) 

Subscribed and sworn to before me this 

day of , 19 



Notary Public. 
This petition, if found insufficient, shall be returned to 

at No Street, 

, Montana. 

Immediately upon the expiration of the time of filing 
the statements and petition for candidates, the Clerk of the 
Commission, shall cause to be published for three consecutive 
days in all the daily newspapers published in the municipality 
in proper form, the names of the persons that are to appear 
upon the primary ballots, and if there be no daily news- 
paper, then in two issues of any other newspaper that may 
be published in said municipality, and the said Clerk shall 
thereupon cause the primary ballots to be printed, authen- 
ticated with a facsimile of his signature. 

Section 17. All ballots used in all elections held under 
authority of this Act shall be without party mark or desig- 
nation. The ballots shall be printed on plain, substantial 
white paper. 

Except that the crosses here shown shall be omitted, and 
that in place of the names of persons here shown, there 
shall appear the names of the persons who are candidates 
for nomination, the primary ballots shall be substantially 
as hereinafter designated. Primary, regular and special elec- 
tion ballots provided under authority of this Act for the nom- 
ination or election of Commissioners shall not bear the name 
of any person or persons or any issue other than those can- 
didates for nomination or election to the office of Commis- 
sioner. 

Official Primary Ballot. 

Vote for (insert here a number equal to the number 
of persons to be elected to the office of Commissioner at 
the next regular municipal election.) 



KLFATION LAWS OF MONTANA 



Lt9 



If you wrongly mark, tear or deface this ballot, return 

it and obtain another. 

Candidates for Domination to the office of CommiseioneJ 

at the primary election. 





X 


John Doe 




X 


1 [enry Smith 




X 


George Jones 




X 


James Richards 


X 


Richard Doe 


Offic 

(Si or? 


ial ballot attest: 
lature) 






Clerk of Commission. 



Having caused said ballots to be printed, the Clerk of 
the Commission shall cause to be delivered at each polling 
place a number of said ballots, ten per cent in excess of 
the number of such voters registered in such polling place 
at the last general municipal election. The persons who 
are qualified to vote at the general election, shall be qualified 
to vote at such primary election, and any person offering to 
vote, may be orally challenged by any elector of the munici- 
pality upon any or all 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, 1907, shall apply 
at all challenges made at such election. Judges of election 
shall immediately upon the closing of the polls, count the 
ballots and ascertain the number of such votes cast in such 
precinct for each of the candidates, and make return thereof 
to the Clerk of the Commission upon proper blanks to be 
furnished by the Clerk of the Commission within twelve 
hours of the closing of the polls. On the day following the 
primary election, the Clerk of the Commission shall canvass 
said returns so received from all the polling precincts and 
shall make and publish in all the newspapers in said munici- 
pality, at least once, the result thereof. Said canvass by 
the Clerk of the Commission shall be made publicly. 

The candidates for nomination to the office of Commis- 
sioner who shall have received the greatest vote in such pri- 
mary election, shall be placed on the ballot at the next regu- 



200 ELECTION LAWS OF MONTANA 

lar municipal election, in number not to exceed double the 
number of vacancies in the Commission to be filled. 

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

Section 18. The names of candidates on all ballots used 
in any election held under the authority of thi's Act, shall 
be printed in rotation, as follows: 

The ballot shall be printed in as many series as there 
are candidates for the office of Commissioner. The whole 
number of ballots to be printed, shall be divided by the num- 
ber of series and the quotient so obtained shall be the num- 
ber of ballots in each series. In printing the first series of 
ballots, the names of candidates shall be arranged in alpha- 
betical order. After printing the first series, the first name 
shall be placed last and the next series printed, and the 
process shall be repeated until each name in the list shall 
have been printed first an equal number of times. The bal- 
lots so printed, shall then be combined in tablets, so as to 
have the fewest possible ballots having the same order of 
names printed thereon together in the same tablet. 

Section 19. A regular election for the choice of Com- 
missioners provided for in this Act, shall be held on the 
first Tuesday after the first Monday in November of any 
odd numbered year, and on the first Tuesday after the first 
Monday in November in each second year thereafter. Elec- 
tions so held shall be known as regular municipal elections. 
All other elections held under the provisions of this Act, 
excepting those for the nomination of candidates for the 
office of Commissioner, shall be known as special municipal 
elections. 

Section 20. Every candidate for Commissioner shall, 
within thirty (30) days after the election, file with the Clerk 
of the Commission, and publish at least once in a daily news- 
paper of general circulation, or weekly, if there be no daily 
newspaper published, his sworn statement of all his election 
and campaign expenses, and by whom such funds were con- 
tributed. 



ELECTION i.wvs OP MONTANA 201 

Any violation of the provisions of this section, shall be 

a misdemeanor and if committed by a successful candidate, 
give ground for the removal from office. 

Section 21. Any or all of the Commissioners provided 

for in this Act may be removed from office by the electors. 
The procedure to effect such removal shall be as follows: 
A petition demanding thai the question of removing 

such officers be submitted to the electors, shall be filed with 
the Clerk of the Commission. 

Such petition for the recall of any or all of the Commis- 
sioners shall be signed by at least twenty-five (25) per cent 
of the total number of registered voters in the municipality. 

The signatures to such petition need not be appended to 
any one paper. 

Section 22. Petition papers shall be procured only from 
the Clerk of the Commission, who shall keep a sufficient 
number of such blank petitions on file for distribution as 
herein provided. Prior to the issuance of such petition pa- 
pers, an affidavit shall be made by one or more qualified 
electors and filed with the Clerk of the Commission, stating 
the name and the office of the officer or officers sought to 
be removed. The Clerk of the Commission, upon issuing 
any such petition papers to an elector, shall enter in a record, 
to be kept in his office, the name of the elector to whom 
issued, the date of such issuance, and the number of papers 
issued, and shall certify on such papers the name of the 
elector to whom issued and the date issued. No petition 
papers so issued shall be accepted as part of the petition 
unless it bears such certificate of the Clerk of the Commis- 
sion and unless it be filed as provided herein. 

Section 23. Each signer of a recall petition, shall sign 
his name in ink or indelible pencil and shall place thereon 
after his name, his place of residence by street and number. 
To each such petition paper, there shall be attached an affi- 
davit of the circulator thereof, stating the number of signers 
to such part of the petition and that each signature ap- 
pended to the paper was made in his presence and is the 
genuine signature of the person whose name it purports to be. 

Section 24. All papers comprising a recall petition shall 
be assembled and filed with the Clerk of the Commission as 
one instrument within thirty (30) days after the filing with 
the Clerk of the Commission of the affidavit stating the 
name and the office of the officer sought to be removed. 

Section 25. The Clerk of the Commission shall at once 
submit the recall petition to the Commission and shall notify 
the officer sought to be recalled of such action. If the offi- 
cial whose removal is sought does not resign within five 
(5) days after such notice, the Commission shall thereupon 
order and fix a day for holding a recall election. Any such 
election shall be held not less than seventy (70) nor more 



202 ELECTION LAWS OF MONTANA 

than eighty (80) days after the petition has been presented 
to the Commission, at the same time as any other general or 
special election held within such period; but if no such elec- 
tion be held within such period, the Commission shall call a 
special recall election to be held within the time aforesaid. 

Section 26. The ballots at such recall election, shall 
conform to the following requirements: 

With respect to each person whose removal is sought, 
the question shall be submitted, "Shall (name of person) be 
removed from the office of (name of office) by recall?" 

Immediately following each such question, there shall be 
printed on the ballots the two propositions, in the order set 
forth : 

"For the recall (name of person.)" 

"Against the recall (name of person.)" 

Immediately to the left of the proposition, shall be placed 
a square in which the electors, by making a cross mark, 
(X), may vote for either of such propositions. Under said 
questions shall be placed the names of candidates to fill the 
vacancy or vacancies. The name of the officer or officers 
whose removal is sought shall not appear on the ballot as a 
candidate or candidates to succeed himself or themselves. 

Before any such recall election for the removal of Com- 
missioners shall be had, there shall be nominated candidates 
to fill the vacancy or vacancies, the nominations therefor to 
be made by petition, which petition for each candidate shall 
be signed by at least twenty-five (25) registered electors, 
and shall be filed at least thirty (30) days prior to the date 
fixed for holding such recall election ; and the form and re- 
quirements for said petition shall be the same as hereinbe- 
fore provided in the case of primary nominations. 

Section 27. Should a majority of the votes cast at a 
recall election be against the recall of the officer named on 
the ballot, such officer shall continue in the office for the 
remainder of his unexpired term, subject to recall as before. 
If a majority of the votes cast at a recall election shall be 
for the recall of the officer named on the ballot, he shall, 
regardless of any technical defects in the recall petition, be 
deemed removed from office. 

Section 28. No recall petition shall be filed against a 
Commissioner within six (6) months after he takes his of- 
fice, nor in case of an officer re-elected in a recall election 
until six (6) months after that election. 

Section 29. Any person who shall agree to perform any 
services in the interest of any candidate for any office pro- 
vided in this Act, in consideration of any money or other 
valuable thing for such services performed in the interest of 
any candidate shall be punished by a fine not exceeding 



ELECTION LAWS OF .MONTANA 203 

Three Hundred ($300.00) Dollars or be imprisoned in the 
county jail not exceeding thirty (30) days, or both such fine 
and imprisonment. 

Section 30. Any person offering to give a bribe, either 
in money or other consideration, to any elector for the pur- 
pose of influencing his vote at any election provided in this 
Act or any elector entitled to vote at any such election re- 
ceiving and accepting such bribe or other consideration; 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 at 
any election provided in this Act; any person making false 
answer to any of the provisions of this Act relative to his 
qualifications to vote at such election ; any person wilfully 
voting or offering to vote at such election who has not been 
a resident of this State for one year next preceding said 
election, or who is not 21 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 convic- 
tion, shall be fined a sum of not less than One Hundred 
($100.00) Dollars nor more than Five Hundred ($500.00) 
Dollars; or be imprisoned in the county jail not less than 
ten nor more than ninety clays, or both such fine and im- 
prisonment. 

Section 31. Any proposed ordinance may be submitted 
to the Commission by petition signed by at least ten (10) 
per cent of the total number of registered voters in the 
municipality. All petition papers, circulated with respect to 
any proposed ordinance, shall be uniform in character and 
shall contain the proposed ordinance in full, and have printed 
or written thereon the names and addresses of at least five 
electors who shall be officially regarded as filing the petition 
and shall constitute a committee of the petitioners for the 
purposes hereinafter named. 

Section 32. Each signer of a petition shall sign his 
name in ink or indelible pencil and shall place on the petition 
papers after his name, his place of residence by street and 
number. The signatures of any such petition papers need 
not all be appended to one paper, but to each such paper 
there shall be attached an affidavit by the circulator thereof, 
stating the number of signers to such part of the petition 
and that each signature appended to the paper is the genuine 
signature of the person whose name it purports to be, and 
was made in the presence of the affiant. 

Section 33. All papers comprising a petition, shall be 

embled and filed with the Clerk of the Commission as one 

instrument, and when so filed the Clerk of the Commission 



204 ELECTION LAWS OF MONTANA 

shall submit the proposed ordinance to the Commission at 
its next regular meeting. Provision shall be made for public 
hearings upon the proposed ordinance's. 

The Commission shall at once proceed to consider it and 
shall take final action thereon within thirty (30) days from 
the date of submission. If the Commission rejects the pro- 
posed ordinance, or passes it in a different form from that 
set forth in the petition, the committee of the petitioners 
may require it to be submitted to a vote of the electors in 
its original form or that it be submitted to a vote of the 
electors with any proposed change, addition or amendment, 
if a petition for such election is presented bearing additional 
signatures of fifteen (15) per cent of the electors of the city 
or town. 

Section 34. When an ordinance proposed by petition is 
to be submitted to a vote of the electors, the committee of 
the petitioners shall certify that fact and the proposed or- 
dinance to the Clerk of the Commission within twenty (20) 
days after the final action on such proposed ordinance by 
the Commission. 

Section 35. Upon receipt of the certificate and certified 
copy of the proposed ordinance, the Clerk shall certify the 
fact to the Commission at its next regular meeting. If an 
election is to be held not more than six months nor less than 
thirty (30) days after the receipt of the Clerk's certificate 
by the Commission, such proposed ordinance shall then be 
submitted to a vote of the electors. If no such election is 
to be held within the time aforesaid, the Commission shall 
provide for submitting the proposed ordinance to the electors 
at a special election. 

Section 36. The ballots used when voting upon any 
such proposed ordinance shall state the title of the ordinance 
to be voted on and below it the two propositions, "For the 
ordinance" and "Against the ordinance." Immediately at 
the left of each proposition, there shall be a square in which, 
by making a cross, (X), the voter may vote for or against 
the proposed ordinance. If a majority of the electors voting 
on any such proposed ordinance shall vote in favor thereof, 
it shall thereupon become an ordinance of the municipality. 

Section 37. Proposed ordinances for repealing any ex- 
isting ordinance or ordinances, in whole or in part, may be 
submitted to the Commission as provided in the preceding 
section for initiating ordinances. Initiated ordinances adopted 
by the electors, shall be published and may be amended or 
repealed by the Commission as in the case of other ordi- 
nances. 

Section 38. No ordinance passed by the Commission, 
unless it be an emergency measure, shall go into effect until 
thirty (30) days after its final passage by the Commission. 
If at any time within the said thirty (30) days, a petition 



ELECTION LAWS OP MONTANA 205 

signed by twenty-five (25) per cent of the total number of 
registered voters in the municipality be filed with the Clerk 
of the Commission requesting that any such ordinance be 
repealed or submitted to a vote of the electors, it shall not 
become operative until the steps t'iken herein shall have 
been taken. 

Section 39. The Clerk of the Commission shall deliver 
the petition to the Commission, which shall proceed to re- 
consider the ordinance. If, upon such reconsideration, the 
ordinance be not entirely repealed, the Commission shall pro- 
vide for submitting to a vote of the electors, and in so doing, 
the Commission shall be governed by the provisions herein 
contained, respecting the time of submission and of man- 
ner of voting on ordinances proposed to the Commission by 
petition. If, when submitted to a vote of the electors, any 
such ordinance be not approved by a majority of those voting 
thereon, it shall be deemed repealed. 

Section 40. Referendum petitions need not contain the 
text of the ordinance, the repeal of which is sought, but 
shall be subject in all other respects to the requirements 
for petitions submitting proposed ordinances to the Commis- 
sion. Ballots used in referendum elections shall conform in 
all respects to those provided for in Section 36 of this Act. 

Section 41. Ordinances submitted to the Commission 
by initiative petition and passed by the Commission without 
change, or passed in an amended form and not required to be 
submitted to a vote of the electors by the committee of the 
petitioners, shall be subject to a referendum in the same 
manner as other ordinances. 

Section 42. If the provisions of two or more ordinances 
adopted or approved at the same election conflict, the ordi- 
nance receiving the highest affirmative vote shall prevail. 

Section 43. Ordinances passed as emergency measures 
shall be subject to a referendum in like manner as other 
ordinances, except that they shall go into effect at the time 
indicated in such ordinances. If, when submitted to a vote 
of the electors, an emergency measure be not approved by 
a majority of those voting thereon, it shall be considered 
repealed as regards any further action thereunder; but such 
measure so repealed shall be deemed sufficient authority for 
payment in accordance with the ordinance, of any expense 
incurred previous to the referendum vote thereon. 

Section 44. In case a petition be filed requiring that 
a measure passed by the Commission providing for an ex- 
penditure of money, a bond issue, or a public improvement 
be submitted to a vote of the electors, all steps preliminary 
to such expenditure, actual issuance of the bonds, or actual 
execution of the contract for such improvement, may be 
taken prior to the election. 



206 ELECTION LAWS OF MONTANA 

Section 45. Every person who has been declared elected 
Commissioner, shall within ten (10) days thereafter take 
and file with the Clerk of the Commission his oath of office 
in the form and manner provided by law, and shall execute 
and give sufficient bond to the municipal corporation in such 
sum as the Judge of the District Court of the county in 
which such municipality is situated, shall designate, condi- 
tioned for the faithful performance of the duties of his of- 
fice, which bond shall be filed with the Clerk and Recorder 
of the county in which such municipality is situated. The pre- 
mium on such bond as may be required shall be paid by the 
municipality. 

Section 46. The mayor shall be that member of the 
Commission, who, at the regular municipal election at which 
the Commissioners were elected, received the highest num- 
ber of votes. In case two candidates receive the same num- 
ber of votes, one of them shall be chosen mayor by the re- 
maining members of the Commission. In event of a vacancy 
in the office of the Mayor, by the expiration of his term of 
office, the holdover Commissioner having received the high- 
est number of votes, shall be the Mayor. In the event there 
is a vacancy in the office of the Mayor for any other cause, 
the remaining members of the Commission shall choose his 
successor for the unexpired term from their own number. 
The Mayor shall be the presiding officer, except that in his 
absence, a president pro tempore may be chosen. The Mayor 
shall exercise such powers conferred, and perform all duties 
imposed upon him by this Act, the ordinances of the munici- 
pality and the laws of the State, except that he shall have 
no power to veto any measure. He shall be recognized as the 
official head of the municipality by the courts for the pur- 
pose of serving civil processes, by the Governor for the pur- 
poses of the military law, and for all ceremonial purposes. 

Section 47. In the event that the Commissioner who is 
acting as Mayor shall be recalled, the remaining members of 
the Commission shall select one of their number to serve as 
Mayor for the unexpired term. In the event of the recall 
of all the Commissioners, the person receiving the highest 
number of votes at the election held to determine their suc- 
cessor, shall serve as the Mayor. 

Section 48. In municipalities having three .Commis- 
sioners, two Commissions 11 constitute iorum; and 
the affirm;) tive vole of two Commissioners shall be neces- 
■pt or reject any motion, resolution or ordinances, 
or pa measure unles eater number is provided for 
in this Act. In municipalii iving five Commissioners, 
three Com: >nstitute a quorum and the af- 
firm; ote of three Commissioners, shall be necessary 
to adopt or reject any motion, resolution, or ordinances, or 



ELECTION LAWS OF MONTANA 207 

pass any measure unless a greater number is provided for 
in this Act. Upon every vote, the ayes and the nayes shall 
be called and recorded, and every motion, resolution or or- 
dinance shall be reduced to writing and read before the vote 
is taken thereon. 

[Section 49.] The salary of each Commissioner shall be 
as follows : for each meeting attended, cities or towns with 
less than 25,000 inhabitants, Five Dollars ($5.00), cities with 
more than 25,000 inhabitants, not to exceed Ten Dollars 
($10.00) ; provided, that not more than one fee shall be paid 
for any one day. The salary of the Commissioner acting 
as Mayor shall be one and one-half times that of the other 
Commissioners. 

Section 50. At 10 o'clock a. m. on the first Monday 
after the first day of January, following a regular municipal 
election, the Commission shall meet at the usual place for 
holding the meetings of the legislative body of the munici- 
pality, at which time the newly elected Commissioners shall 
assume the duties of their office. Thereafter, the Commis- 
sioners shall meet at such times as may be prescribed by or- 
dinance or resolution, except that in municipalities having 
less than five thousand inhabitants, they shall meet regularly 
at least once and not more than four times per month, and 
in municipalities having more than five thousand inhabitants, 
they shall meet not less than once each week. Absence from 
five (5) consecutive regular meetings shall operate to vacate 
the seat of a member, unless such absence be authorized by 
the Commission. 

The Commissioner acting as Mayor, any two members 
of the Commission, or the City Manager, may call special 
meetings of the Commission upon at least twelve (12) hours' 
written notice to each member of the Commission, served 
personally on each member or left at his usual place of resi- 
dence. All meetings of the Commission shall be public and 
any citizen shall have access to the minutes and records 
thereof at all reasonable times. The Commission shall de- 
termine its own rules and order of business and shall keep 
a journal of its proceedings. 

(Sections 51-97, inclusive, bearing on Powers and Du- 
ties of Commission, omitted.) 

Section 98. Every ordinance or resolution, passed by 
the Commission, granting any franchise or the right to oc- 
cupy or use the streets, highways, bridges or public places 
in the municipality for any purpose, shall be complete in the 
form in which it is finally passed, and remain on file with 
the Clerk of the Commission for public inspection for at 
least one week before the final passage or adoption thereof. 
No franchise or right to occupy or use the streets, high- 
ways, bridges or other public places in any such municipality, 
shall be granted, renewed or extended, except by ordinance, 



208 ELECTION LAWS OF MONTANA 

and every franchise or grant for interurban or street rail- 
ways, gas or water works, electric light, or power plant, 
heating plant, telegraph or telephone system, or otner pub- 
lic service utilities, must be authorized or approved by a 
majority of the electors voting thereon at a general or spe- 
cial election, as provided in Sections 3291, 3292 and 3293, 
Revised Codes of Montana, 1907. 

Section 99. The Commission may, by ordinance, renew 
any grant for the construction or operation of any utility, 
at its expiration, subject to petition and referendum as here- 
inbefore provided. 

[Section 100.] No exclusive grant or renewal shall ever 
be granted and no grant shall be renewed before two years 
prior to its expiration. 

[Section 101.] The Commission shall, in any ordinance 
granting or renewing any grant to construct and operate 
a public utility, prescribe the manner in which the streets 
and public grounds shall be used and occupied. 

Section 102. Repealed by Section 7, Chapter 44, of the 
L^aws of the Sixteenth Legislative Assembly. 

Section 103. The Commission may, by ordinance, grant 
to any individual, company or corporation operating a public 
utility, the right to extend the appliances and service of 
such utility, outside of the territory as designated by the 
franchise, subject to petition and referendum as hereinbe- 
fore stated. All such extensions shall become part of the 
aggregate property of the utility, and shall be subject to all 
the obligations and reserved rights in favor of the munici- 
pality applicable to the property of the utility by virtue of 
the ordinance providing for its construction and operation. 
The right to use and maintain any such extensions, shall ex- 
pire with the original grant of the utility to which the ex- 
tension was made or any renewal thereof. 

(Sections 104-116, inclusive, bearing on Powers and Du- 
ties of Commission, omitted.) 

Section 117. Any municipality which shall have oper- 
ated for more than two years under the provisions of this 
Act, may abandon such organization hereunder and accept 
the provisions of the general law of the State applicable to 
municipalities of its population. 

Upon the petition of not less than twenty-five per cent 
(25%) of the electors of such municipality registered for 
the last preceding general election, a special election shall be 
called, at which the following proposition only shall be sub- 
mitted : 

"Shall the (city or town) of (name of city or town) 
abandon its organization under (name of this Act) and be- 
come a (city or town) under the general law governing 
(cities or towns) of like population ; or if formerly organized 
under special charter, shall resume said special charter?" 



ELECTION LAWS OP MONTANA 209 

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 pre- 
scribed by the general laws of the State for municipalities 
of like population, and upon the qualification of such of- 
ficers, such municipality shall become a municipality under 
such general law of the State, but such change shall not in 
any manner or degree affect the property, rights or liabili- 
ties of any nature of such municipality, but shall merely ex- 
tend to each change in its form of government. 

The sufficiency of such petition shall be determined, 
the election ordered and conducted, and the results declared, 
as provided for by the provisions of this Act, insofar as 
the provisions thereof are applicable. Whenever the form of 
government of a municipality is determined by a vote of the 
people under the provisions of this section, the same question 
shall not be submitted again for a period of two years, and 
any ordinance adopted by the vote of the people shall not be 
repealed or the same question submitted for a period of two 
years. 

Section 118. All Acts and parts of Acts and all laws 
now in force or hereafter enacted relative to municipal cor- 
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 conflict or in- 
consistent with the provisions of this Act. 

Section 119. All laws and parts of laws in conflict here- 
with are hereby repealed; provided, however, that this Act 
shall not repeal or modify any of the provisions of an Act 
approved March 4, 1913, entitled, "An Act Making the Board 
of Railroad Commissioners of the State of Montana Ex-of- 
ficio a Public Service Commission for the Regulation and 
Control of Certain Public Utilities," etc., or any amendment 
or amendments of said Act, or Section 440 of the Revised 
Codes of 1907, and neither shall this Act in any manner 
curtail or impair the power or authority of said Public Serv- 
ice Commission and any order made, action taken, or regula- 
tion provided, by said Commission shall supersede and nullify 
any order, regulation, ordinance or other action authorized 
by this Act in conflict with any such order, regulation, or 
action, of said Public Service Commission. 

* # * * * 

(Added by Chapter 44, Laws of Sixteenth Legislative 
Assembly.) 

Section 121. Whenever any group of communities shall 
become a single municipal district under the provisions of 
this law, the Commissioners elected at the first election shall 
have the same functions and authority and municipal pro- 
cedure in all respects shall be the same as is provided in 



210 ELECTION LAWS OF MONTANA 

this law where single communities, cities or towns adopt 
the Commission-Manager form of government, and tne terms 
of all municipal officers in any prior city or town which may 
be included in such new municipal district shall in like man- 
ner cease and terminate as soon as the Commissioners shall 
by resolution so declare, and the corporate functions and 
existence of any such prior municipal corporation may in 
like manner be terminated by said Commissioners when the 
need for the further existence of such prior corporation shall 
be at an end. 

Section 122. Whenever any group of communities, in- 
cluding one or more incorporated cities or towns, shall be- 
come a single municipal district under this law, such munici- 
pal district shall bear the same name as the principal incor- 
porated city or town in such district. 

Section 123. Whenever any group of communities, in- 
cluding one or more incorporated cities or towns, shall be- 
come a single municipal district under this law, the corpor- 
ate property of each such city or town shall become the 
property of the new municipality, but improvements paid 
for in whole or in part by special assessments upon abutting 
property within special improvement districts shall not be 
deemed municipal property within the meaning of this law, 
to the extent of payments so made. If such prior city or 
town shall have an unpaid indebtedness, the Commissioners 
of said new municipality elected at the first municipal elec- 
tion shall inventory and appraise, or cause to be inventoried 
and appraised, all of such property, and if the amount of the 
indebtedness of such prior city or town shall exceed the in- 
ventory value of the property surrendered to the new munici- 
pality by such prior city or town, then the excess of such 
indebtedness over the inventory value of said property shall 
be a charge only against the taxable property within the 
limits of such prior city or town and shall be paid by levy 
upon such property alone. 

Section 124. Whenever any city organized under this 
Act includes the county seat of the county in which it is 
situated, any unused space in the county buildings in such 
city may be rented to the City Commissioners for municipal 
use by the Board of County Commissioners for such rent as 
shall represent an income of not more than six per cent upon 
the investment in such buildings proportionate to the space 
rented. Such Commissioners may also contract with the 
Board of County Commissioners for the performance by 
county officials or employees of any kind of municipal work 
which can be feasibly performed by them. The compensation 
for such work shall be based upon additional cost of the 



ELECTION LAWS OF MONTANA 211 

county of its performance, and such compensation shall be 
paid into the general fund of such county unless otherwise 
provided by law. 

Approved February 26, 1919. 



ELECTIONS RELATING TO SCHOOL MATTERS. 
Election of School Trustees. 

(Laws of 1913, Chapter 76. Approved March 12, 1913. 
Act providing for a uniform system of school laws. Pages 
-229.) 

Section 500. Qualifications. Any person, male or fe- 
male, who is a qualified voter at any election under this 
Act, shall be eligible to the office of School Trustee in such 
district. 

Section 501. Number. In districts of the first class, 
the number of Trustees shall be seven, in districts of the 
second class the number of Trustees shall be five, and in 
districts of the third class the number of Trustees shall be 
three. 

Section 502. (As amended by Chapter 81, Laws 1917.) 
1. Election. An annual election of School Trustees shall be 
held in each school district in the State on the first Satur- 
day in April of each year at the district schoolhouse, if there 
be one, and if there be none, at a place designated by the 
Board of Trustees. In districts of the third class having 
more than one school house where school is held, one Trustee 
must be elected from persons residing where such outside 
schools are located. 

2. Districts of the Second and Third Classes — (a) Nom- 
ination. In districts of the second and third classes, the 
names of all candidates for membership on the School Board 
must be received and filed by the Clerk and posted at each 
polling place at least five days next preceding the election. 
Any five qualified electors of the district may file with the 
Clerk the nominations of as many persons as are to be 
elected to the School Board at the ensuing election. 

(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 required under this 
Act, post notices in three public places in said district, and 
in incorporated cities in each ward, which notices must 
he 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 records three qualified electors of 
1 district to act as judges at such election, and the Clerk 



212 ELECTION LAWS OF MONTANA 

of the district shall notify them by mail of their appoint- 
ment. 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 
number to act as clerk. The voting must be by ballot, with- 
out reference to the general election laws in regard to nom- 
inations, form of ballot or manner of voting, and the polls 
shall be open for such length of time as the Board of Trus- 
tees may order; provided, that such polls must be open from 
2 p. m. to 6 p. m. 

3. Districts of the First Class — (a) Nominations. 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 district at least 
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 certified 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 election of any person shall be void, unless he was nom- 
inated at a meeting as above provided at which at least 
twenty qualified electors were present, and his nomination 
certified and filed as aforesaid, and the Board of Trustees 
acting as a canvassing board shall not count any votes for 
any person unless he has been so nominated and a certificate 
thereof filed as herein required. 

(b) 1. Board of Trustees to Call Election — Conduct 
of Election. The Board of Trustees shall at least thirty 
days before the annual election of School Trustees, by an 
order entered upon the minutes of their meeting, designate 
and establish a suitable number of polling places and create 
an equal number of election precincts to correspond and 
define the boundaries thereof. 

2. Notice. The District Clerk shall at least fifteen 
days before the election in districts of the first class, give 
notice of the election to be held in all such districts, by post- 
ing a notice thereof in three public places in the district, 
and in incorporated cities and towns in each ward, which 
notices must specify the time and place of election, the num- 
ber of Trustees, and the terms for which they are to be 
elected, and the hours during which the polls will be open. 
Whenever in the judgment of the Board of Trustees the 
best interests of the districts will be served by the publica- 
tion of such notices of election in some newspaper in the 
county, they may, by an order entered on the minutes of 



ELECTION LAWS OF MONTANA 818 

their meeting, direcl the Districl Clerk to publish the notice 
of election required to be given in districts of the Krs1 class, 
in Borne newspaper in the county. 

Hours of Election. En districts of the first class the 
polls must be opened at S o'clock a. m. and kepi '.pen until 
12 o'clock m., and from 1 o'clock p. m. until S o'clock p. m. 

4. Judges. The Board of District Trustees shall, at 
least ten days before the day of the annual election of Trus- 
tees in any district of the first class, appoint three qualified 
electors of the district for each polling place established to 
act as judges of election, and the District Clerk shall notify 
such persons by mail of their appointment. Such judges 
shall designate one of their number to act as clerk of such 
election. If the judges appointed, or any of them, are not 
present at the time for the opening of the polls, the electors 
present may appoint judges, who must be qualified electors, 
to act in the place of those who are absent. 

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 possible in the fol- 
lowing form : 

For School Trustees. 

For Three (3) Year Term. 

Vote for Three: 

John Abner. 

William Brown. 

Adam Smith. 

For One (1) Year Term. 

George Davis. 

4. Poll and Tally List — Certificate of Judges and Can- 
vass of Votes. At every election held under this Act a poll 
list shall be kept by the judges and clerk at each polling 
place, and immediately after the close of the polls the judges 
shall count the ballots, and if there be more 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 the number of the 
votes cast. The clerk shall write down in alphabetical order 
in a poll book provided for that purpose the name of every 
person voting at the time he deposits his ballot. There shall 
also be provided a tally list for each polling place; after the 
ballots have been counted and made to agree with the poll 
list the judges shall proceed to count them. The clerk shall 
enter in the tally list the name of every person voted for as 
Trustee, and the term, and tally opposite his name, the num- 
ber of votes cast for him, and at the end thereof set down in 
a column provided for that purpose the whole number of 
votes he received. The judges and clerk shall sign a cer- 



2 14 ELECTION LAWS OF .MONTANA 

tificate to said tally list setting forth the whole number of 
votes cast for each person or Trustee, designating the term, 
and they shall verify the same as being correct to' the best 
of their knowledge before an officer authorized to admin- 
ister oaths. No informality in such certificate shall vitiate 
the election, if the number of votes received for each person 
can reasonably be ascertained from said tally list. Said books 
and tally lists shall be returned to the Board of Trustees of 
the district, who shall canvass the vote and cause the clerk 
of the district to issue a certificate of election to the per- 
son or persons elected, designating their term, a copy of 
which must be forwarded to the County Superintendent of 
Schools. School Trustees are hereby authorized to admin- 
ister oaths to judges of election. 

(As amended by Chapter 196 of the Laws of the Six- 
teenth Legislative Assembly.) 

5. Term of Office, Vacancy. Oath of Trustee. Trus- 
tees elected shall take office immediately after qualifying 
and shall hold office for the term of three years except as 
elsewhere expressly provided herein, and until their succes- 

re elected or appointed and qualified. 

The clerk of the district shall at the time of issuing 
certificate of election to a person elected as Trustee, deliver 
to such person a blank oath of office. Every trustee shall 
file his oath of office with the County Superintendent of 
Schools within fifteen days of the receipt of the certificate 
of election and blank oath of office from the clerk. Any 
Trustee - failing to qualify as herein provided shall forfeit all 
rights to his office and the County Superintendent of Schools 
shall appoint to fill the vacancy caused thereby. 

(As amended by Chapter 196 of the L&ws of the Six- 
teenth Legislative Assembly.) 

6. Vacancy in School Board. A vacancy in the office 
shall be filled by appointment by the County Superintendent 
of Schools; provided, that in districts of the first and sec- 
ond class, such appointment shall be subject to confirmation 
by a majority of the remaining members of said board, if 
those remaining constitute a majority of the total number 
of the board. The Trustees so appointed shall hold office 
until the next annual election, at which election there shall 

elected a School Trustee for the unexpired term. When 

y vacancy occurs in the office of Trustee of any school 

distrii tion, failure to elect at the proper 

from the distr ■ other cause, the fact of 

\\ be immediately certified to the County 

Superintendent by the clerk of th ' ict, and the 

intendent shall immedial ppoint in writing 

■mpetent id serve until 

election. The Counl perintendent 



ELECTION LAWS OF MONTANA 215 

shall at the time notify the clerk of the school district of 
every such appointment; provided, that absence from the 
school district for sixty consecutive days or failure to attend 
three consecutive meetings of the Board of Trustees without 
good excuse shall constitute a vacancy in the office of 
Trustee. 

7. Trustees — How Removed. Any School Trustee may 
be removed from office by a court of competent jurisdiction 
by law for removal of elective civil officers; provided, how- 
ever, that upon charges being preferred and good cau.o 
shown, the Board of County Commissioners may suspend a 
Trustee until such time as such charges can be heard in the 
court having jurisdiction thereof. 

8. Vacancy in Office of Clerk. Should the office of 
the clerk of the school district become vacant, the Board of 
School Trustees shall immediately fill such vacancy by ap- 
pointment, and the chairman of the Board of School Trustees 
shall immediately notify the County Superintendent 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 dis- 
tricts 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 Trustees 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 deter- 
mined by lot what trustees shall hold over and for what 
term. 

10. Qualification of Electors. Every citizen of the 
United States who has resided in the State of Montana for 
one year, and thirty days in the school district, next pre- 
ceding 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 pre- 
ceding the day of the election, may vote thereat. 

11. Challenges — Oath of Voters. Any person offering 
to vote may be challenged by any elector of the district, and 
the judges must thereupon administer to the person chal- 
lenged an oath or affirmation in substance as follows: "You 
do solemnly swear (or affirm) that you are a citizen of 
the United States ; that you are twenty-one years of. age, 
and that you have resided in the State one year and in this 
school district thirty days next preceding this 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, 



216 ELECTION LAWS OF MONTANA 

otherwise rejected. Any person who shall swear falsely be- 
fore any such judge of election shall be guilty of perjury and 
shall be punished accordingly. 

12. Expenses of Election. All the expenses necessarily 
incurred in the matter of holding elections for School Trus- 
tees shall be paid out of the school funds of the district. 
Judges of election of districts of the first and 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.) 

Section 407. Consolidating a District. 1. Two Meth- 
ods. That two or more school districts may be consolidated 
either by the formation of a new district or by the annexa- 
tion of one or more districts to an existing district, as here- 
inafter provided. 

2. Order of Procedure — Petition. Whenever the County 
Superintendent of Schools receives a petition signed and ac- 
knowledged by a majority of the resident freeholders of each 
district affected, qualified to vote at school elections, pray- 
ing for consolidation, he shall within ten days cause a ten 
days' posted notice to be given by the clerk in each district, 
such notice to be posted in three public places, in each dis- 
trict, of an election in such district at a time and place speci- 
fied in each notice, to vote on the question of consolidation. 
The votes at such election shall be by ballot which shall 
read "For consolidation" or "Against consolidation." The 
presiding officer at such election shall within ten days there- 
after certify the result of the vote to the County Superin- 
tendent of the county in which the district mainly lies. If 
the majority of the votes cast in each district be for con- 
solidation, it carries, and the Superintendent, within ten days 
thereafter, 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 regularly qualified electors three 
Trustees, one of whom shall serve for one year, one for two 
years and one for three years. The election of Trustees and 
terms shall be the same as for other districts under the gen- 
eral school laws. 



ELECTION LAWS OF MONTANA 217 

CHAPTER 211 OF THE LAWS OF THE SIXTEENTH 
LEGISLATIVE ASSEMBLY. 

"An Act to Provide for the Creation of a Rural School Dis- 
trict in Each County, Composed of All Third Class Dis- 
tricts and Parts Thereof as a Unit for the Purposes of 
Taxation and Issuance of Bonds; Providing for the Crea- 
tion of Subdistricts of Rural Districts for the Purpose of 
Local Administration and Control ; Providing for Boards of 
Trustees for Rural School Districts and Prescribing the 
Manner of Election, Number, Terms, Powers, and Duties 
of Said Boards of Trustees; Providing for the Taking 
Over of Funds, Property and Indebtedness of Third Class 
Districts by the Rural School Districts; Providing for 
the Assumption and Payment of All Indebtedness of Third 
Class Districts by the Rural School Districts; Providing 
for Bonding of Rural School Districts; and Providing the 
Manner of Acceptance of the Provisions of This Act by 
the People of the Several Counties; Providing for the 
Creation of Second Class Districts From the Territory of 
the Rural School District; Providing for Traveling Ex- 
penses, Salary, Organization and Time of Meetings of 
Board of Trustees of the Rural School District." 

Be It Enacted by the Legislative Assembly of the State of 
Montana : 

Section 1. The following terms shall be construed to 

mean: 

(a) The "Rural School District" shall mean the terri- 
tory obtained by the uniting of all third class districts and 
parts of first or second class districts as are not contigu- 
ous to main body of such districts. 

(b) "Subdivision" shall mean one of the five parts 
into which the "Rural School Districts" is divided for pur- 
poses of election of Trustees. 

(c) "Sub-district" shall mean the local third class dis- 
trict as constituted by Chapter 76 of the Session Laws of the 
Thirteenth Legislative Assembly. 

Section 2. In any county of Montana, which shall elect 
to accept the provisions of this Act, all school districts and 
parts of school districts of the third class and minor portions 
of any district of the first and second class which are not 
contiguous to the main body of such districts, as herein pro- 
vided, shall for the purpose set forth in this Act, from and 
after the first day of July next following the acceptance of 
this Act, together constitute a single district to be known 
as the "Rural School District" of the county in which it is 
situated. Such rural school district shall be a unit for the 
purpose of taxation and issuance of bonds and such other 
purposes as are hereinafter provided, and shall be divided 
into subdivisions for the selection of Trustees and consist 



218 ELECTION LAWS OF MONTANA 

of sub-districts for the purposes of local management, local 
control, and custody of property. The boundaries of the sub- 
divisions shall be determined by the Board of County Com- 
missioners who shall divide that portion of the county to be 
included in the rural school district of the county, into five 
parts, which shall be known as subdivisions, each having 
as near as may be one-fifth of the total area of the rural 
school district, and making the boundaries of these parts 
coincide with the boundaries of the sub-districts. All por- 
tions of first and second class districts, which become a part 
of the rural school district as herein provided, shall be at- 
tached to adjacent sub-districts in the manner provided by 
law. 

Section 3. Any county in the State may adopt the 
county unit system for rural schools provided in the succeed- 
ing sections of this Act, on the conditions hereinafter pre- 
scribed as follows: 

Whenever, between the first day of January and the 
first day of May in any year, three hundred electors resid- 
ing in third class school districts of any county shall peti- 
tion the Board of County Commissioners requesting that the 
county unit system for rural schools be established in such 
county, the County Commissioners shall call an election to 
be held in all third class districts of the county and minor 
portions of districts of the first and second class which are 
not contiguous to the main body of such districts, within 
ninety days, and in any event not later than the tenth day 
of June following. The County Commissioners shall appoint 
precinct judges and clerks, and the election shall be con- 
ducted in accordance with the general election law of the 
State, and the judges and clerks of such election shall serve 
without compensation. The place of election in each precinct 
shall be the established polling place in each precinct. All 
registered electors residing in the proposed rural school dis- 
trict and whose names appear upon the registration books 
of the county upon the day of calling such election, shall be 
entitled to vote upon such election. The polling books of 
any precinct shall not contain the names of any registered 
electors residing in the main portion of any district of the 
first and second class. The County Clerk shall give twenty 
days' notice of such election by publication in the official 
paper of the county that the question of adopting the county 
unit system for rural schools will be submitted to the quali- 
fied electors in all third class districts of the county and 
in minor portions of districts of the first and second class 
which are not contiguous to the main body of such districts, 
at the time designated. It shall not be necessary to give 
notice of closing the registration books of the county in elec- 
tions held pursuant to the provisions of this Act. But the 



ELECTION LAWS OF MONTANA 219 

registration books of the county for such election shall auto- 
matically close upon the day of calling such election. The 
qualified electors of the proposed rural school district shall 
vote by ballot for or against the adoption of the county unit 
system for rural schools. An elector desiring to vote for 
such adoption shall do so by marking (X) on his ballot be- 
fore the phrase, "For the County Unit"; an elector desiring 
to vote against such adoption shall do so by marking (X) 
on his ballot before the phrase, "Against the County Unit." 

After the election the ballots shall be counted and the 
votes canvassed in the manner prescribed in the general 
election laws, and if a majority of the votes cast at the elec- 
tion is in favor of the county unit, the Board of County Com- 
missioners shall make and enter an order creating such rural 
school district and establish the boundaries of each subdi- 
vision and this Act shall become effective in so far as the 
county is concerned. 

If a majority of the votes cast at such election is against 
organization of the rural school district, another election 
upon the question of organizing a rural school district can 
not be held until after the expiration of two years. 

As soon as the Board of County Commissioners has for 
the first time established the boundaries of the subdivisions 
as hereinbefore provided, the said Board of County Commis- 
sioners shall thereupon appoint one elector from among the 
residents of each of the five subdivisions of the rural school 
district to constitute a Board of Trustees for the rural school 
district of the county. Of these five Trustees so appointed 
two shall serve until the first regular school election after 
their appointment, two until the second regular school elec- 
tion after their appointment, and one until the third regular 
election after his appointment, the terms of Trustees so ap- 
pointed to be determined by lot. 

Section 4. 1. These Trustees shall be electors of sub- 
division of the rural school district of the county in which 
they are to serve. Except as hereinbefore provided such 
Trustees shall be elected at the annual school election and 
shall serve for three years and until their successors are 
elected or appointed and qualify. 

2. On or before fifteen days prior to the annual school 
election, there may be filed with the Secretary of the Board 
of Trustees of the rural school district, petitions signed by 
at least twenty-five qualified electors of each subdivision 
of the rural school district in which the term of a Trustee 
is about to expire, nominating candidates for Trustees to be 
voted for at the ensuing election, and if any Trustees are to 
be elected to complete unexpired terms, as hereinafter pro- 
vided, such petition shall state whether the persons nomi- 
nated therein are nominated for such unexpired terms or 



220 ELECTION LAWS OF MONTANA 

for full terms of three years. The Board of Trustees shall 
cause the names of all candidates for Trustees of the rural 
school district to be printed and sent to the clerk of each 
sub-district of the part in which a Trustee is to be elected, 
to be posted at each polling place at least five days preced- 
ing the election. The election of School Trustees shall be 
held and conducted under the supervision of the Trustees of 
the local sub-district, who shall not less than fifteen days 
before the annual election post notices in three public places 
in their sub-districts, which notices must specify the time 
and place of election and hours during which the polls will 
be open. The local Trustees must appoint, by an order en- 
tered in their records, three qualified electors of said sub- 
districts to act as judges at said election, and the local clerk 
shall notify them by mail of their appointment. If the judges 
are not present at the time of opening the polls, the electors 
present may appoint judges, and the judges so appointed 
shall designate one of their number to act as clerk. The 
voting must be by ballot without reference to the general 
election laws in regard to nominations, forms of ballots, or 
manner of voting, and the polls shall be open for such time 
as the Board of Trustees may order; provided, that such 
polls must be open between 2 p. m. and 6 p. m. It shall 
be the duty of the judges of the election to canvass the votes 
cast in their respective sub-districts for Trustees, and make 
returns of the same to the County Clerk in the manner and 
form as may be prescribed by the general election law of 
the State in so far as the same may be applicable to school 
elections. The returns shall be canvassed and the result de- 
clared by the County Commissioners and certificates of elec- 
tion issued by the County Clerk in the same manner as may 
be prescribed by the general election laws of the State in 
so far as the same may be applicable thereto ; provided, that 
in the election of said Board of Trustees the votes cast in 
each of the five subdivisions of the rural school district, as 
provided in Section 6 of this Act, shall be canvassed sep- 
arately and the candidate receiving the largest number of 
votes in any subdivision shall be elected as the Trustee for 
such subdivision ; provided, further, that no one shall be 
eligible as Trustee who is not at the time of his election or 
appointment a bona fide resident and elector of the subdi- 
vision of the rural school district for which he is elected. 

3. Persons elected or appointed as Trustees shall qual- 
ify by taking an oath to perform their duties according to 
law. Their oaths may be administered by the County Super- 
intendent or any other officer authorized by law to admin- 
ister oaths, and must be filed with the clerk of the Board of 
Trustees within fifteen days after the election or appoint- 
ment, and said duly elected Trustees shall begin their term of 



ELECTION LAWS OF MONTANA 221 

service on the third Saturday in April next following their 
election. The Board of County Commissioners shall appoint 
Trustees to fill vacancies in the Board of Rural School Dis- 
trict Trustees; provided, that such appointment is confirmed 
by the majority of the remaining members of such Board. 
Trustees so appointed shall serve till the next regular school 
election, at which election successors shall be elected to 
serve for the unexpired balance of the term if any. 

Section 5. The Board of Trustees of every rural school 
district shall have only the powers and shall perform only 
the duties enumerated in this Act. The Board of Trustees 
of each sub-district of the rural school district shall have 
all the powers and perform all the duties imposed upon Trus- 
tees of school districts according to the provisions of Chap- 
ter 76 of the Session L^aws of the Thirteenth Legislative 
Assembly and Acts amendatory thereof and supplementary 
thereto, except as modified by the terms of this Act. 

The Board of Trustees of each sub-district of the rural 
school district shall on or before the regular annual meeting 
of the Board of Trustees of the rural school district held 
on the first Thursday in July, prepare and certify to the 
Board of Trustees of the rural school district, a budget con- 
taining an estimate of all the different items of expenditures 
for operation and maintenance to be incurred by such sub- 
districts for the ensuing school year. Such budget shall 
explain in detail the several items of estimated expenditures, 
together with an explanation of the necessity therefor. Such 
budget shall also be accompanied by a full and complete re- 
port of the school facilities of the sub-district and of the 
educational opportunities afforded to each child in such sub- 
district. 

For any extraordinary expenditure or expenditures for 
any purpose other than operation and maintenance to be 
incurred by a sub-district, not included in the budget for 
such sub-district as adopted by the Board of Trustees of 
the rural school district, the Board of Trustees of such sub- 
district may cause to be levied upon the property in the 
sub-district a special tax pursuant to the provisions of Sec- 
tion 2002 of Chapter 76 of the Session Laws of the Thir- 
teenth Legislative Assembly and Acts amendatory thereof. 

The Board of Trustees of the rural school district shall 
at its regular meeting on the first Thursday in July, exam- 
ine the budgets certified to it by the Trustees of the sev- 
eral sub-districts, and from such budgets shall prepare a 
complete budget for the rural school district, which shall 
provide for the furnishing of reasonable educational facilities 
to every child in the rural school district, including the pay- 
ment of the board or rent or both, and transportation of 
children from isolated sections, in cases where the same is 



222 ELECTION LAWS OF MONTANA 

more expedient than maintaining a school in such isolated 
sections, and also including any other reasonable item of 
expenditure not herein enumerated, and necessary for carry- 
ing- out the provisions of this Act. Such budget shall con- 
tain the detailed estimated expenditures for each sub-district. 

The Board of Trustees of the rural school district shall 
on or before the first Monday in August in each year certify 
to the Board of County Commissioners the total amount of 
money to be raised by taxation for the rural school district 
pursuant to the budget adopted by the Board, and the Board 
of County Commissioners shall cause to be levied at the time 
of the levy of taxes for State and county purposes, a sufficient 
levy upon all of the taxable property within the rural school 
district, a tax sufficient to raise the amount of money so 
certified by the Board of Trustees of the rural school dis- 
trict, after allowing a deduction of ten per cent on account of 
delinquencies. The Board of Trustees of the rural school dis- 
trict shall at its regular meeting held on the second Thursday 
in December, apportion to the several sub-districts their pro- 
portionate part of the taxes then collected, such proportion- 
ate part to be determined in accordance with the budget as 
above mentioned. 

The Board of Trustees of any rural school district is 
hereby vested with the power and authority to issue and 
negotiate on the credit of the rural school district, coupon 
bonds for any one or more of the purposes authorized in 
Section 2015 of Chapter 76 of the Session Laws of the Thir- 
teenth Legislative Assembly and Acts amendatory thereof 
and supplementary thereto. The question of such bond is- 
sues shall be submitted to the electors of the rural school 
district in the same manner provided by said Chapter 76. 
The Clerk of the Board of Trustees of the rural school dis- 
trict upon the passing of the resolution by the Board sub- 
mitting to the electors of the rural school district the ques- 
tion of the issuance of bonds, shall furnish the clerk of each 
sub-district with three copies of the notice of election of 
such bond issue. The clerk of each sub-district shall not 
less than fifteen days before the date specified in such no- 
tices for such election, post notices in three public places in 
said district, one of which shall be at the place of election 
designated in such notice. The ballots shall be substantially 
in the form provided in Section 2016 of said Chapter 76 and 
the votes shall be canvassed by the Trustees in each sub- 
district who shall certify the result of the election in each 
sub-district to the Secretary of the Board of Trustees of the 
rural school district. If a majority of the votes cast in such 
rural school district are in favor of the issuance of bonds 
the Board of Trustees shall thereupon proceed to issue and 
sell the bonds in accordance with the provisions of Chapter 



ELECTION LAWS OF MONTANA 223 

76 of the Session Laws of the Thirteenth Legislative As- 
sembly. The County Superintendent of Schools shall be ex- 
officio Secretary of the Board, and it shall be his duty to 
enforce the rules, regulations and orders of the Board, but 
shall not be entitled to vote. 

Section 6. 1. All maintenance money or sinking funds 
on hand as a surplus or credit to the various third class dis- 
tricts in any county prior to and on July 1, of the year in 
which the provisions of this Act shall be accepted, in such 
county, as hereinabove provided, shall become a part of the 
corresponding maintenance or sinking funds of the rural 
school district of the county. 

2. All the existing indebtedness of the various third 
class districts in any county prior to and on July 1 of such 
year, whether for maintenance or bonded indebtedness or 
otherwise, shall become the indebtedness of, and shall be 
assumed and paid by the rural school district of that county, 
such payments being made from the corresponding respective 
and proper funds. Saia Board of Trustees in the rural school 
district is authorized and empowered to issue bonds of the 
rural school district to take up and cancel such bonded in- 
debtedness. 

Section 7. 1. Second class districts may be created 
from the territory embraced in any rural school district, 
within the discretion of the Board of Trustees of such rural 
school district; provided, that such proposed district has an 
assessed valuation of not less than Six Hundred Thousand 
Dollars ($600,000.00.) Such district shall be created only 
upon the petition of one hundred qualified electors residing 
in the proposed district, setting forth in the petition the 
assessed valuation and the boundaries of the proposed dis- 
trict. In the event of the creation of such district, the 
County Superintendent of Schools shall, upon notice received 
from the Board of Trustees of the rural school district, ap- 
point five Trustees for the newly created district, who shall 
serve until the next regular election. 

2. All school property situated in the new district shall 
become the property of the new district, and the remainder 
of the property of the rural school district shall continue to 
be the property of the rural school district. 

3. If, at the time such new district is created, there 
is any indebtedness against the rural school district, then 
the Board of County Commissioners of the county in which 
such districts are located shall, at its first regular meeting 
after the order creating said new district is made, apportion 
such indebtedness between said districts, by first deducting 
from said indebtedness the amount of all moneys in the 
treasury belonging to the sinking fund of said rural school 
district, and then apportioning the remainder of the indebt- 



224 ELECTION LAWS OF MONTANA 

edness between the respective districts in proportion to the 
value of the school property remaining in the rural school 
district to the value of the school property in the new district. 
Upon the adjustment of such indebtedness, it shall be the 
duty of the Board of Trustees of such new district to cause 
to be made out, issued and delivered to the Trustees of such 
rural school district warrants equal to the amount of such 
indebtedness apportioned to such new district, which war- 
rants, upon presentation, shall be endorsed by the treasurer 
of the county, "Not paid for want of funds" and shall there- 
after draw interest at the rate of six per cent per annum 
until such time as funds may be available for their payment. 

4. Until said warrants are paid, it shall be the duty of 
the Board of County Commissioners of said county to levy 
annually a tax upon the taxable property of such new school 
district sufficient to pay the interest on said warrants, and 
the money realized from the levy of such taxes shall be, by 
the County Treasurer, kept in a special fund to be used solely 
for the purpose of paying the interest and principal of said 
warrants. 

5. The School Trustees of such new district shall have, 
and are hereby given the power and authority to issue on 
the credit of their district, coupon bonds and to sell and 
dispose of the same for the purpose of providing the neces- 
sary funds to pay such warrants. Such bonds shall be issued 
and disposed of upon condition and in the manner provided 
in Section 2030 of Chapter 76 of the Session Laws of 1913, 
except that said bonds shall recite in the body of such bond 
that "This bond is issued for the purpose of providing funds 
to pay outstanding warrants." 

Section 8. The regular annual meeting of the Board of 
Trustees of the rural school district shall be held on the 
first Thursday in July. At this meeting new members 
elected shall take office; a President shall be elected for the 
ensuing year by the Board, from among its own membership 
and the executive officers of the Board shall make their an- 
nual reports. Another regular meeting shall be held on the 
second Thursday in December and special meetings may be 
called by the President, or by three other members of the 
Board. Each member of the Board of Trustees of the rural 
school district shall be paid his necessary traveling expenses 
in attending regular meetings, but not to exceed two special 
meetings, and an honorarium of Fifty Dollars per year. 
Failure to attend two regular meetings in succession, unless 
excused on account of sickness, shall work a forfeiture of 
the office. 



ELECTION LAWS OF MONTANA 225 

Section 9. A rural school district organized under the 
provisions of this Act may be dissolved after the expiration 
of four years from the date of its organization, in the fol- 
lowing manner, to-wit: 

Whenever, between the first day of January and the 
first day of March in any year, three hundred registered 
electors in a rural school district shall petition the Board 
of Trustees of the rural school district requesting the dis- 
solution of such school district, the Board of Trustees of the 
rural school district shall submit the question of such dis- 
solution to the electors at the annual school election. Notice 
of election shall be posted in the same manner as for the 
election of trustees in the sub-districts and the election shall 
be conducted and the votes canvassed in the manner pro- 
vided in the election of School Trustees. If a majority of 
votes cast at such election shall be in favor of the dissolu- 
tion of the rural school district, the Board of Trustees of the 
rural school district shall make an order to that effect and 
certify the same to the Board of County Commissioners and 
on and after July first the rural school district shall be dis- 
solved and the several sub-districts shall thereupon become 
school districts of the third class. The Board of County Com- 
missioners shall distribute funds of the rural school district 
and apportion the indebtedness of the rural school district in 
the following manner: Each school district (formerly a sub- 
district) shall thereupon become the owner of the property 
of the rural school district located within its boundaries. 
The County Commissioners shall apportion to each school 
district that portion of the funds of the rural school district 
other than sinking funds, which is in proportion to the num- 
ber of school census children within the school district. The 
County Commissioners of the county shall continue to levy 
the taxes upon all the property located within the territory 
which formerly constituted the rural school district, until 
the interest and the principal of all bonds issued by the 
rural school district shall have been paid in full. 
***** 

(As amended by Chapter 196 of the Laws of the Six- 
teenth Legislative Assembly.) 

Section 1600. School House Sites. Whenever, in the judg- 
ment 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 se- 
lection, purchase, exchange or sale of school house site. Such 
election shall be conducted and votes canvassed in the same 
manner as at the annual election of school officers. Three 



226 ELECTION LAWS OF MONTANA 

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 days prior to such meeting. If a majority 
of the electors of the district voting at such meeting or elec- 
tion shall be in favor of selecting, purchasing, exchanging, 
or selling the school house site, the Board shall carry out the 
will of the voters thus expressed; provided, that all sites 
so chosen must be approved by the County Superintendent of 
Schools and the County Health Officer and also provided 
that any sites so changed cannot again be changed within 
three years from the date of such action except upon the 
advice of the Countv Superintendent of Schools and County 
Health Officer. 

The school site shall be selected in a place that is con- 
venient, accessible, suitable, and well drained, provided that 
in districts of the first and second class the site shall be 
not less than one-half of an average city block, and in dis- 
tricts of the third class shall contain not less than one acre, 
The State Board of Land Commissioners shall have authority 
to sell to any school district at the appraised value, or to 
lease for any period of time less than ninety-nine years, at a 
rental of one dollar per year, any tract of State land not 
exceeding ten acres, to be used for school house site. 

3f» ^ *F ^F H* 

(As amended by Chapter 196 of the Laws of the Six- 
teenth Legislative Assembly.) 

Section 2015. Issuance of Bonds. 1. Purposes. The Board 
of School Trustees of any school district within this State is 
hereby vested with the power and authority to issue and ne- 
gotiate on the credit of the school district, coupon bonds for 
any one or more of the following purposes: (a) for the pur- 
pose of building, altering, enlarging, repairing or acquiring 
by purchase, one or more school houses in said district; 
(b) for the purpose of furnishing and equipping one or more 
school houses in said district; (c) for the purpose of pur- 
chasing land for a school house site, and (d) for the purpose 
of constructing or acquiring by purchase, a teacherage in 
said district, and purchasing land necessary for the same. 

2. Submission of Question. The Board of School Trus- 
tees of any school district within this State shall, whenever 
a majority of the School Trustees so decide, or when peti- 
tioned so to do by thirty per centum of the qualified electors 
of said district, 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, bearing a certain 
rate of interest not exceeding six per cent per annum, pay- 
able semi-annually and payable at a certain time, and re- 
deemable at a certain time, for any one or more of the pur- 



ELECTION LAWS OF MONTANA 

posee specified in Paragraph I of this section. Upon the 
passing of a resolution by the Board of Trustees, submitting 
to the electors of the district the question of the issuance of 
bonds, the clerk of Buch school district shall, not less than 
16 days before the date specified for such election, p 

notices in three public places in said district, and in incor- 
porated cities and towns at least one notice in each ward. 
Which notices must specify the time and place of election, 
the hours during Which the polls will be opened, and the 
amount, the maximum rate of interest, time payable, time 
redeemable and purpose of the proposed bond issue. Such 

notice of election shall be substantially in the following form: 

NOTICE OF SPECIAL BOND ELECTION. 

Notice is hereby given, by the undersigned Clerk of 

School District Xo. of county. State 

of .Montana, that under and pursuant to a certain resolution, 
duly adopted at a meeting of the Trustees of said school 

district, held on the day of , A. D. 19. . an 

election of the qualified electors of School District No 

of .county, State of Montana, will be held 

at on the day of ...., 

A. D. 1!) , for the purpose of voting upon the question of 

whether the Board of Trustees shall be authorized to issue 

coupon bonds to the amount of Dollars ($ ) 

bearing interest at a rate not exceeding. per cent 

per annum payable semi-annually, said bonds to be payable 
in ...years, and redeemable in ..years, for 
the purpose of 

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

o'clock m. 

Dated and posted this - day of 

A. D. 19 



Clerk of said School District No..... 

•".. Additional Bonds. Should the Trustees of any school 
district, in which bonds have heretofore been issued to any 
amount, desire to submit to the electors of the district the 
question as to whether additional bonds shall be issued they 
may do so, but no such bonds shall be issued unless a ma- 
jority of all votes cast at any such election shall be cast in 
favor of such issue of additional bonds; and in no case shall 
the whole issue of bonds exceed the amount of three per cent 
of the taxable propertv within said school district. 

Section 35. That Section 2016 of Chapter 76 of tha 
Session Laws of the Thirteenth Legislative Assembly, re- 
lating to the Manner of Holding Elections; Ballots; Form 
of Bonds, be and the same is hereby amended to read as 
follows : 



228 ELECTION LAWS OF MONTANA 

2016. Manner of Holding Elections; Ballots; Form of 
Bonds. 1. Election. Such election shall be held in the man- 
ner prescribed for the election of School Trustees. 

2. Ballots. The ballots shall be substantially in the fol- 
lowing manner: 

"Shall coupon bonds be issued and sold to the amount 
of Dollars ($..... ), bearing not to ex- 
ceed per cent interest, payable in years, 

and redeemable in years, for the purpose of (briefly 

state purpose or purposes of such bond issue) ? 



□ 



"BONDS— Yes." 



□ 



"BONDS— No." 



The elector shall prepare his ballot by putting an "X" 
before "Bonds — Yes" in the vacant square provided therefor 
if he wishes to vote for the bond, or before "Bonds — No" 
in the vacant square provided therefor if he wishes to vote 
against the bonds. 

The foregoing sentence containing instructions for the 
marking of the ballot shall also be printed, typewritten or 
written upon the ballot at the top thereof. 

3. Resolution for Issuance of Bonds. If a majority of 
votes cast at such election are in favor of the issuance of 
such bonds, the Board of School Trustees shall within sixty 
days from the date of such election pass a resolution provid- 
ing for the issuance of such bonds and prescribing the form 
thereof, such bond shall bear the signature of the Chairman 
of the Board of Trustees and shall be signed by the clerk of 
such school district, and the coupons attached to the bonds 
shall be signed by the said chairman and clerk; provided, a 
facsimile of the signatures of the chairman and clerk may 
be affixed to the coupons only when so recited in the bonds, 
and the corporate seal of the school district shall be attached 
to each of the bonds. Each bond so issued shall be regis- 
tered by the County Treasurer in a book provided for that 
purpose, which shall show the number and amount of each 
bond, its date, date payable, date redeemable and the person 
to whom the same is issued or sold; and the said bonds shall 
be sold by the Trustees as hereinafter provided. 



ELECTION LAWS OF MONTANA 33© 

COUNTY HIGH SCHOOL. 

(Laws of 1913, Chapter 76. Approved March 12, 1913. 
Pages 296-298.) 

Section 2100. Any County May Establish High School. 

Any county in the State may establish a high school on the 
conditions and in the manner hereinafter prescribed, for the 
purpose of affording better educational facilities for pupils 
more advanced than those attending the elementary schools. 

Section 2101. Petition for Etablishment and Location. 

Whenever one hundred freeholders in any county shall peti- 
tion the Board of County Commissioners, requesting that a 
high school be established in their county, the County Clerk 
shall give twenty days' notice, by publication in the official 
paper of the county, that such petition has been filed, and 
that any village, town or city may become a candidate for 
the location of said high school upon petition of not less 
than fifty freeholders of said village, town or city, request- 
ing that said place be named as the candidate for the loca- 
tion 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 the location of said school, but no freeholder 
shall append his name to more than one petition. If such 
petition is filed at any time when the Board of County Com- 
missioners is not in session, the County Clerk shall notify 
the Commissioners thereof, and a special meeting shall be 
held to call the necessary election herein provided for. 

Section 2102. 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 elec- 
tion 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: 



230 ELECTION LAWS OF MONTANA 

Ballot No. 1. 

For a County High School. 

Against a County High School. 

Ballot No. 2. 

Helena. 
Marysville. 
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 the name of the place desired for the 
location of such school. 

Section 2103. Canvass of Returns. After the election 
the ballots on said question shall be canvassed in the man- 
ner provided for general county elections, and if the vote 
in favor of establishing a county high school shall be a ma- 
jority 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 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 Coun- 
ty Commissioners, by an order duly entered on their min- 
utes, shall so declare this fact, and the Board shall immedi- 
ately thereafter appoint six persons, residents and taxpayers 
of the county, not less than three nor more than four of 
whom shall be residents of the village, town or city where 
the school is located, who shall, with the County Superin- 
tendent 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 location 
of said school, the County Commissioners shall immediately 
call another election in the manner provided by law for gen- 
eral county elections, at which the only question to be sub- 
mitted shall be the location of said school and only the names 
of those candidates so tied shall appear upon the ballot. 

. t . - p - ^^ ^ ^^ 

(As amended by Chapter 158 of the Laws of the Six- 
teenth Legislative Assembly.) 



ELECTION LAWS OF MONTANA 231 

Section 2109. Submission to Electors of Question of 
Bond Issue. The Secretary of the Board of County High 
School Trustees, whenever a majority of the Hoard shall so 
decide, shall certify to the Board of County Commissioners 
that they have decided to submit to the electors of the 
county the question whether the county bonds shall be is- 
sued for the purpose of the erection or purchase of a build- 
ing or buildings for high school purposes and the equipment 
thereof, or for the erection and equipment of a dormitory 
or dormitories, or gymnasium, and for a suitable site or sites 
therefor, and shall include in such certificates the amount of 
such bonds, which amount shall not exceed the sum of Four 
Hundred Thousand Dollars ($400,000.00), in any one county 
of the first class, and Three Hundred Thousand Dollars 
($300,000.00), in any one county of the second or third 
class, and in all other counties shall not exceed the sum of 
Two Hundred Thousand Dollars ($200,000.00) in any one 
county. Such bonds may run for a term of twenty (20) 
years or less, but no longer; provided, that any such issue 
of bonds shall not increase the indebtedness of any county 
beyond the maximum limit fixed by the State constitution. 

That as soon as practicable after receiving such certifi- 
cate the Board of County Commissioners shall fix the term 
for which said bonds are to run, and the rate of interest 
they shall bear; and shall proceed to submit the question 
of issuing such bonds to the qualified electors of the county 
in the manner provided by law for the issuance of other 
county bonds. If such bonds are issued, the Board of County 
Commissioners, at the time of making the levy of taxes for 
county purposes each year, shall 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 sufficient to pay the interest on said bonds for that 
year, and 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, a sufficient 
sum to pay the interest thereon, and during the remainder 
of the term, high enough to pay said annual interest and 
to pay annually, a portion of the principal of said bonds 
equal to the quotient produced by taking the whole amount 
of said bonds outstanding, and dividing it by the number 
of years said bonds have yet to run ; and all moneys so levied, 
when collected, must be paid into the county treasury to the 
credit of the county high school and kept in a separate fund, 
and used for the payment of the principal and interest on 
said bonds, and for no other purpose; provided, however, 
that the accumulated money may be invested as is provided 



£31 ELECTION LAWS OP MONTANA 

for the investment of money collected for the payment of 
school district bonds. Said tax shall be levied and collected 
as other county taxes. 

In any county wherein there are now maintained one 
or more district high schools, in which a county high school 
has been created, or may hereafter be created, the Trustees, 
of any such school district may, by resolution duly passed 
at a regular or special meeting of such Board of Trustees, 
discontinue such district high school, to take effect upon 
the establishment of the county high school; and in case 
such county high school is located, as provided in this chap- 
ter, within any school district maintaining a district high 
school, it shall be the duty of the Board of Trustees of such 
school district to discontinue the district high school. 



Section 2113. Prior Acts Validated. All acts and things 
of any kind whatever, done by any Board of County Free 
High School Trustees, or by any Board of County Commis- 
sioners of this State prior to the passage of this Act, under 
the provisions of the Act of March 3, 1889, for the estab- 
lishment 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. 

Section 2114. Same. That all acts heretofore done by 
any Board of County Commissioners in this State in connec- 
tion with the submission to the electors of their county of 
the question of establishing and locating a county free high 
school, and upon which acts such question was in fact sub- 
mitted to the electors of such county and a majority of all 
votes cast at such election were in favor of the establishment 
and location of such high school and so found and declared 
by the Board of County Commissioners, shall be, and are 
hereby ratified and declared to be valid and of full force 
and effect. 

Section 2115. Bonds Legalized. That all bonds issued 
or authorized to be issued, at any time prior to the passage 
of this Act, by the Board of Trustees of any county free 
high school in this State, where the question of the issuance 
of the same was first submitted by said Trustees 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. 



ELECTION LAWS OF MONTANA 233 

CHAPTER 93, LAWS 1917. 

"An Act Providing for the Levy of School District Taxes 
in Excess of Ten Mills When Authorized by a Vote of the 
Qualified Electors of Such District, Who Are Taxpaying 
Freeholders Therein." 

Be It Enacted by the Legislative Assembly of the State of 
Montana: 

Section 1. Whenever the Board of Trustees of any 
school district shall deemed it necessary to raise money by 
taxation in excess of the ten mill levy now allowed by law for 
the purpose of maintaining the schools of said district, or 
building, altering, repairing, or enlarging any school house 
or houses of said district, for furnishing additional school 
facilities for said district, for building and equipping heat- 
ing or other plants for said district, or for any other purpose 
necessary for the proper operation and maintenance of the 
schools in said district, it shall submit the question of such 
additional levy to the legal voters of said district, who are 
taxpaying freeholders therein, either at the regular annual 
election held in said district, or at a special election called 
for that purpose by the Board of Trustees of said district. 

Section 2. Where the question of making such addi- 
tional levy is so submitted, notice thereof shall be given by 
posting the same at each school house in said district at least 
ten days before such election, or by publication thereof for 
a like period before such election in each newspaper pub- 
lished in said district, or by both such notice and publication. 

Section 3. The submission of said question shall ex- 
pressly provide for what purpose such additional levy is to 
be made, and if authorized, the money raised by such addi- 
tional levy shall be used for that specified purpose only, 
provided that if any balance remain on hand after the pur- 
pose for which said levy was made has been accomplished, 
such balance may, by vote of the Trustees of the said dis- 
trict, be transferred to any other fund of said district. 

Section 4. The ballots furnished electors at such elec- 
tion shall have printed thereon the following: 

Shall the Board of Trustees of this district be authorized 
to make a levy of (here insert the number) mills taxes in 
addition to the regular ten mill levy authorized by law for 
the purpose of (here insert the purpose for which the ad- 
ditional levy is to be made) ? 



234 



ELECTION LAWS OF MONTANA 



For additional levy. 



Against additional levy. 



The voters shall mark the ballot in the same manner as 
other ballots are marked under the election laws of this 
State. The election shall be held and the votes canvassed 
and returned as in other school elections. If the majority 
voting on the question are in favor of such additional levy, 
the Board of Trustees of said school district shall so certify 
to the Board of County Commissioners of the county in 
which said school district is situated, and said additional levy 
shall be made in the same manner that the levy for special 
taxes in said district is made. 

Section 5. Any person offering to vote may be chal- 
lenged by any elector of the district, and the judges must 
thereupon administer to the person challenged an oath or 
affirmation, in substance as follows: "You do solemnly 
swear (or affirm) that you are a citizen of the United States ; 
that you are twenty-one years of age; that you have resided 
in this State one year and in this school district thirty days 
next preceding this election; that you are a taxpaying free- 
holder on the last assessment roll for this school district; and 
that you have not voted this day. So help you God." Said 
oath shall be reduced to writing and signed by the person 
challenged and sworn to before one of the judges of election. 
Said oath or affirmation shall be returned with the ballots 
cast at such election. If the voter takes such oath or affir- 
mation, his vote must be received; otherwise, it shall be re- 
jected. Any person who shall swear falsely before any such 
judge of election shall be guilty of perjury, and shall be pun- 
ished accordingly. 



SCHOOL DISTRICT BONDS. 

(Laws of 1913, Chapter 76. Approved March 12, 1913. 
Pages 285, 286.) 

Section 2015. Bonds — How Issued — Election — Limit. 

The Board of School Trustees of any school district within 
this State shall, whenever a majority of the School Trustees 
so decide, 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 tax- 
able 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 build- 



ELECTION LAWS OF MONTANA 235 

ing and furnishing one or more school houses in said district, 
and purchasing land necessary for the same. Should the 
Trustees of any school district in which bonds have hereto- 
fore been issued to any amount desire to submit to the elect- 
ors of the district the question as to whether additional 
bonds shall be issued they may do so, but no such bonds 
shall be issued unless a majority of all votes cast at any 
such election shall be cast in favor of such issue of additional 
bonds; and in no case shall the whole issue of bonds exceed 
the amount of three per cent of the taxable property within 
said school district. 

Section 2016. Manner of Holding Elections — Ballots — 
Voting. Such election shall be held in the manner prescribed 
for the election of School Trustees. The ballots 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 purchasing 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 coupon attached to the bonds shall be signed by the 
said chairman and clerk; provided, a lithographic or en- 
graved facsimile 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 attached to each of the bonds ; and each bond so issued 
shall be registered by the County Treasurer in a book pro- 
vided 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 Trus- 
tees as hereinafter provided. 



2S6 ELECTION LAWS OF MONTANA 

BOND ISSUE, RESTRAINED. 

(Laws of the Sixteenth Legislative Assembly, Chapter 114.) 

"An Act to Provide a Statute of Limitation of Sixty Days 
Within Which Any Action Must Be Brought to Restrain 
the Issuance and Sale of Bonds, or the Levy of Taxes for 
the Payment of Bonds, of Any School District, County, 
City or Town, in the State of Montana." 
Be It Enacted by the Legislative Assembly of the State of 
Montana : 

Section 1. No action can be brought for the purpose 
of restraining the issuance and sale of bonds by any school 
district, county, city or town in the State of Montana, or for 
the purpose of restraining the levy and collection of taxes 
for the payment of such bonds, after the expiration of sixty 
days from the date of the order authorizing the issuance 
and sale of such bonds, on account of any defect, irregularity 
or informality in giving notice or in holding the election upon 
the question of such bond issue. 



CORRUPT PRACTICES ACT. 

A Bill to Propose by Initiative Petition a Law to Limit Can- 
didates' Election Expenses; to Define, Prevent and Punish 
Corrupt and Illegal Practices in Nominations and Elec- 
tions ; to Secure and Protect the Purity of the Ballot ; to 
Provide for Furnishing Information to the Electors and 
to Provide the Manner of Conducting Contests for Nomi- 
nations and Elections in Certain Cases. 

Be It Enacted by the People of the State of Montana: 

Section 1. No sums of money shall be paid, and no ex- 
penses authorized or incurred by or on behalf of any candi- 
date to be paid by him, except such as he may pay to the 
State for printing, as herein provided, in his campaign for 
nomination to any public office or position in this State, in 
excess of fifteen per cent of one year's compensation or 
salary of the office for which he is a candidate; provided, 
that no candidate shall be restricted to less than one hun- 
dred dollars in his campaign for such nomination. No sums 
of money shall be paid, and no expenses authorized or in- 
curred, contrary to the provisions of this Act, for or on be- 
half of any candidate for nomination. For the purposes of 
this law the contribution, expenditure, or liability of a de- 
scendant, ascendant, brother, sister, uncle, aunt, nephew, 
niece, wife, partner, employer, employee, or fellow official or 
fellow employee of a corporation shall be deemed to be that 
of the candidate himself. 

(Sections 2, 3, 4, 5, 6, 7 and 9 repealed by Section 1, 
Chapter 88, of the Laws of the Sixteenth Legislative As- 
sembly.) 



ELECTION LAWS OF MONTANA 237 

Section 8. No sums of money shall be paid and no ex- 
penses authorized or incurred by or on behalf of any candi- 
date who has received the nomination to any public office 
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 compensation of the office for which 
he is nominated; provided, that no candidate shall be re- 
stricted 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 
organization, contrary to the provisions of this Act. For 
the purposes of this Act the contribution, expenditure or lia- 
bility of a descendant, ascendant, brother, sister, uncle, aunt, 
nephew, niece, wife, partner, employer, employee or fellow 
official or fellow employee of a corporation shall be deemed 
to be that of the candidate himself. 

Section 10. Terms used in this Act shall be construed 
as follows, unless other meaning is clearly apparent from the 
language or context, or unless such construction is inconsis- 
tent with the manifest intent of the law: 

"Persons" shall apply to any individual, male or female, 
and, where consistent with collective capacity, to any com- 
mittee, firm, partnership, club, organization, association, cor- 
poration, or other combination of individuals. 

"Candidate" shall apply to any person whose name is 
printed on an official ballot for public office, or whose 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 re- 
quest 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 shall 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, organiza- 
tion, association, or other combination 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 Elector, 
United States Senator, or presiding officer of either branch 
of the Legislature. 



23S ELECTION LAWS OF MONTANA 

"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 as 
relating to the rendering of services by speakers, writers, 
publishers, or others, for which no compensation is asked 
or given ; nor to prohibit expenditure by committees of politi- 
cal parties or organizations for public speakers, music, halls, 
lights, literature, advertising, office rent, printing, postage, 
clerk hire, challengers or watchers at the polls, traveling ex- 
penses, telegraphing or telephoning, or making of poll lists. 

Section 11. Every candidate for nomination or election 
to public office, including candidates for the office of Senator 
of the United States, shall within fifteen days after the elec- 
tion at which he was a candidate, file with the Secretary of 
State, if a candidate for Senator of the United States, Rep- 
resentative in Congress, or for any State or district office 
in a district composed of one or more counties, or for mem- 
bers of the Legislative Assembly from a district composed 
of more than one county, but with the County Clerk for 
legislative districts composed 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 a 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 
promote his nomination or election, or both, as the case may 
be, and for the election of his party candidates, and all ex- 
isting unfulfilled promises of every character and all liabili- 
ties remaining uncancelled 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 valuable thing was given, 
paid, expended, contributed, or promised, and no unfulfilled 
liabilities were incurred by a candidate for public office to 
aid or promote his nomination or election, or the election of 
his party candidates, 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- 
ment 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 officer shall 
proceed to prosecute said candidate for such offense. 



ELECTION LAWS OP MONTANA 

Section 12. Every political committee shall have a 
treasurer, who is a voter, and shall cause him to keep de- 
tailed 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 liabilities to 
the amount of more than fifty dollars for political purposes 
and by every political agent and candidate. Such accounts 
shall cover all transactions in any way affecting or con- 
nected with the political canvass, campaign, nomination or 
election concerned. Every person receiving or expending 
money or incurring liability by authority or in behalf of or 
to promote the success or defeat of such committee, agent, 
candidate or other person 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 there- 
of, 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 particulars 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 shall be filed for six months 
after the election to which it refers. Any person not a can- 
didate for any office or nomination who expends money or 
value to an amount greater than fifty dollars in any cam- 
paign for nomination or election, to aid in the election or 
defeat of any candidate 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 dis- 
tricts composed of one or more counties or with the County 
Clerk for county offices, and with the City Clerk, Auditor 
or Recorder for municipal offices, an itemized statement of 
such receipts and expenditures and vouchers for every sum 
paid in excess of five dollars, and shall at the same time 
deliver to the candidate or treasurer of the political organi- 
zation 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 of any political 
party, committee or organization, during an election cam- 
paign, shall be open at all reasonable office hours to the in- 
spection of the treasurer and chairman of an opposing polit- 
ical 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. 



240 ELECTION LAWS OP MONTANA 

Section 13. The Secretary of State shall, at the expense 
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 for districts com- 
posed of one or more counties, and County Clerks for county 
offices, and the City and Town Clerks, Auditors or Recorders 
for municipal offices, shall transmit to the several candi- 
dates, 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 applica- 
tion therefor. Upon his own information, or at the written 
request of 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 statement, 
a copy of this Act. 

Section 14. The several officers with whom statements 
are required to be filed shall inspect all statements of ac- 
counts and expenses relating to nominations and elections 
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 complaint in writ- 
ing 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 statement 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 candi- 
date shall state in detail the grounds of objection, shall be 
sworn to by the complainant, and shall be filed with the offi- 
cer within sixty days after the filing of the statement or 
amended statement. Upon the written request of a candi- 
date or any voter, filed within sixteen days after any con- 
vention, primary or nominating election, said Secretary of 
State, County Clerk, City or Town Clerk, Auditor or Re- 
corder, as the case may be, shall demand from any specified 
person or candidate a statement of all his receipts, and from 
whom received, disbursements and liabilities in connection 
with or in any way relating to the nomination or election 
concerned, whether it is an office to which a salary or com- 
pensation 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. Who- 
ever makes a statement required by this Act shall make oath 
attached thereto that it is in all respects correct, complete 
and true, to the best of his knowledge and belief, and said 
verification shall be substantially the form herein provided. 



ELECTION LAWS OF MONTANA 241 

Section 15. Upon the failure of any person to file a 
statement within ten days after receiving notice under the 
preceding section, or if any statement filed as above dis- 
closes any violation of any provisions of this Act relating to 
corrupt practices in elections, or in any other provision 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 At- 
torney shall within sixty days thereafter examine every such 
case, and if the evidence 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. 

Seetion 16. The District Court of the county in which 
any statement of accounts and expenses relating to nomina- 
tions and elections should be filed, unless herein otherwise 
provided, shall have exclusive original jurisdiction of all vio- 
lations 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 applica- 
tion of the Attorney General or of the County 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 included in the statement so filed. 

Section 17. All statements shall be preserved for six 
months after the election to which they relate, shall be pub- 
lic records subject to public inspection, and it shall be the 
duty of the officers having custody of the same to give cer- 
tified copies thereof in like manner as of other public rec- 
ords . The totals of each statement filed with him, with the 
name of the person or candidate filing it, shall be published 
in the next annual report of the Secretary of State, the 
County Clerk or the City Clerk, Auditor or Recorder, as the 
case may be. 

Section 18. No person shall make a payment of his own 
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 truth supplies such money; 
nor shall any person knowingly receive such payment or 
enter or cause the same to be entered in his accounts or rec- 
ords 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 political organization it shall be 
sufficient to enter the same as received from said treasurer. 



242 ELECTION LAWS OF MONTANA 

Section 19. No person shall, in order to aid or promote 
his 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 appointment, 
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 mem- 
ber 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. 

Section 20. No holder of a public position or office 
other than an office filled by the voters shall pay or con- 
tribute to aid or promote the nomination or election- of any 
other person to public office. No person shall invite, de- 
mand or accept payment or contribution from such holder 
of a public position or office for campaign purposes. 

Section 21. No holder of a public position other than 
an office 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 posi- 
tion, nor shall he be a member of a political committee for 
such district. 

Section 22. No person shall invite, offer or effect the 
transfer of any convention credential in return for any pay- 
ment of money or other valuable thing. 

Section 23. No person shall pay, or promise to reward 
another in any manner or form for the purpose of inducing 
him to be or refrain from or cease being a candidate, and 
no person shall solicit any payment, promise or reward from 
another for such purpose. 

Section 24. No person shall demand, solicit, ask or in- 
vite any payment or contribution for any religious, political, 
charitable or other cause or organization supposed to be pri- 
marily or principally for the public good, from a person who 
seeks to be or has been nominated or elected to any office; 
and no such candidate or elected person shall make any such 
payment 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 contribu- 
tion 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 per- 
son shall demand, solicit, ask or invite any candidate to sub- 
scribe to the support of any club organization, to buy tickets 
to any entertainment or ball, or to subscribe for or pay for 



ELECTION LAWS OF MONTANA 243 

space in any book, program, periodical or other publication; 
if any candidate shall make any such payment or contribu- 
tion 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 ad- 
vertisement for insertion in a periodical in which such candi- 
date 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. 

Section 25. No corporation, and no person, trustee, or 
trustees owning or holding the majority of the stock of 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, heat, power, canal, aqueduct, 
water, cemetery, or crematory company, or any company 
having the right to take or condemn land or to exercise fran- 
chises in public ways granted by the State or by any county, 
city or town, shall pay or contribute in order to aid, pro- 
mote or prevent the nomination or election of any person, 
or in order to aid or promote the interests, success or defeat 
of any political party or organization. No person shall so- 
licit or receive such payment or contribution from such cor- 
poration or such holders of a majority of such stock. 

Section 26. Any person or candidate who shall either 
by 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 pro- 
vide, or pay, wholly or in part, the expenses of giving or 
providing any meat or drink or other entertainment or pro- 
visions, 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 otner person to give or refrain from giv- 
ing his vote at such election to or for any candidate or polit- 
ical party ticket, or measure before the people, or on account 
of such persons or any other person having voted or re- 
frained 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 ac- 
cepts or takes any such meat, drink, entertainment, provi- 
sions, 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. 

Section 27. Whenever any person's right to vote shall 
be challenged and he has taken the oath prescribed by the 
statutes, and if it is at a nominating election, then it shall 



244 ELECTION LAWS OF MONTANA 

be the duty of the clerks of election to write in the poll 
books at the end of such person's name the words "chal- 
lenged and sworn," with the name of the challenger. There- 
upon the chairman of the board of judges shall write upon 
the back of the ballot offered by such challenged voter the 
number of his ballot, in order that the same may be identi- 
fied in any future contest of the results 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 questioned 
for any reason, shall not be deemed a violation of Section 
8130, Revised Codes of Montana. 

Section 28. Every person who shall, directly or indi- 
rectly, by himself or any other person in his behalf, make 
use of or threaten to make use of any force, coercion, vio- 
lence, restraint, or undue influence, or inflict or threaten to 
inflict, by himself or any other person, 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 of- 
ficer of any church, religious or other corporation or organ- 
ization, 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 organization, or who shall by abduction, duress or any 
fraudulent contrivance, impede or prevent the free exercise 
of the franchise by any voter at any election, or shall there- 
by compel, induce or prevail upon any elector to 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. 

Section 29. Any candidate who, before or during any 
election campaign, makes any bet or wager of anything 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 contin- 
gency relating to any pending election, or who provides 
money or other valuable to be used by any person in betting 
or wagering upon the results of any impending election, shall 
be guilty of a corrupt practice. Any person who for the pur- 
pose of influencing the result of any election makes any bet 



ELECTION LAWS OF MONTANA 24S 

or wager of anything of pecuniary value on the result of 
such election in his electoral district or any part thereof, or 
of any pending election, or on any event or contingency re- 
lating thereto, shall be guilty of a corrupt practice, and in 
addition thereto any such act shall be ground of challenge 
against his right to vote. 

Section 30. Any person shall be deemed guilty of the 
offense of personation who at any election applies for a 
ballot in the name of some other person, whether it be that 
of a person living or dead, or of a fictitious person, or who 
having voted once at an election applies at the same election 
for a ballot in his own name; and on conviction thereof such 
person shall be punished by imprisonment in the penitentiary 
at hard labor for not less than one nor more than three years. 

Section 31. Any person shall be guilty of a corrupt 
practice within the meaning of this Act if he expends any 
money for election purposes contrary to the provisions of 
any statute of this State, or if he is guilty of treating, undue 
influence, personation, the giving or promising to give, or 
offer of any money or valuable thing to vote for or to re- 
frain from voting for any candidate for public office, or the 
ticket of any political party or organization, or any measure 
submitted to the people, at any election, or to register or 
refrain from registering as a voter at any State, district, 
county, city, town, village or school district election for pub- 
lic officers or on public measures. Such corrupt practice 
shall be deemed to be prevalent when instances thereof occur 
in different election districts similar in character and suf- 
ficient in number to convince the court before which any 
case involving the same may be tried that they were general 
and common, or were pursuant to a general scheme or plan. 

Section 32. It shall be unlawful for any person to pay 
another for any loss or damage due to attendance at the 
polls, or in registering or for the expense of transportation 
to or from the polls. No person shall pay for personal serv- 
ice to be performed on the day of a caucus, primary, con- 
vention, or any election, for any purpose connected there- 
with, tending in any way, directly or indirectly, to affect the 
result thereof, except for the hiring of persons whose sole 
duty is to act as challengers and watch the count of official 
ballots. No person shall buy, sell, give or provide any politi- 
cal badge, button or other insignia to be worn at or about 
the polls on the day of any election, and no such political 
badge, button or other insignia shall be worn at or about the 
polls on any election day. 

Section 33. No publisher of a newspaper or other peri- 
odical shall insert, either in its advertising or reading col- 
umns, any paid matter which is designated or tends to aid, 
injure or defeat any candidate or any political party or or- 
ganization, or measure before the people, unless it is stated 



246 ELECTION LAWS OF MONTANA 

therein that it is a paid advertisement, the name of the 
chairman or secretary, or the names of the other officers of 
the political or other organization inserting the same, or the 
name of some voter who is responsible therefor, with his 
residence and the street number thereof, if any appear in 
such advertisement in the nature of a signature. No person 
shall pay the owner, editor, publisher or agent of any news- 
paper or other periodical to induce him to editorially advo- 
cate or oppose any candidate for nomination or election, and 
no such owner, editor, publisher or agent shall accept such 
payment. Any person who shall violate any of the provi- 
sions of this section shall be punished as for a corrupt 
practice. 

Section 34. It shall be unlawful for any person at any 
place on the day of any election to ask, solicit, or in any 
manner try to induce or persuade any voter on such election 
day to vote for or refrain from voting for any candidate, 
or the candidate or ticket of any political party or organiza- 
tion, or any measure submitted to the people, and upon con- 
viction thereof he shall be punished by fine of not less than 
Five Dollars nor more than One Hundred Dollars for the first 
offense, and for the second and each subsequent offense oc- 
curring 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. 

Section 35. It shall be unlawful to write, print, or cir- 
culate through the mails or otherwise any letter, circular, 
bill, placard or poster relating to any election or to any can- 
didate 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, publish- 
ing, circulating, posting 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, oh 
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 con- 
tain any false statement or charges reflecting on any candi- 
date's character, morality or integrity, the author thereof 
and every person printing or knowingly assisting in the cir- 
culation shall be guilty of political criminal libel and upon 
conviction thereof shall be punished 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 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 



E3LECTI0N LAWS OF MONTANA 247 

sufficient defense to such charge. But in that event, and as 
a part of such defense, the author and printer or publisher, 
or other person charged with such crime, shall also prove 
that, at [east 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 re- 
lates a copy thereof in writing and calling his attention par- 
ticularly to the charges contained therein, and that, before 
printing, publishing or circulating such charges, he received 
and read any denial, defense or explanation, 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. 

Section 36. The name of a candidate chosen at a pri- 
mary nominating election or otherwise shall not be printed 
on the official ballot for the ensuing election unless there 
has been filed by or on behalf of said candidate the state- 
ments of accounts and expenses relating to nominations re- 
quired 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 preclude its acceptance or pre- 
vent the insertion of the name on the ballot if there is rea- 
sonable time therefor after 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 the 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 state- 
ments required by this Act. 

Section 37. It shall be unlawful for any person to ac- 
cept, receive or pay money or any valuable consideration for 
becoming or refraining from becoming a candidate for nom- 
ination or election, or by himself or in combination with any 
other person or persons to become a candidate for the pur- 
pose 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 sought the nomination 
or seeks to have his name presented to the voters as a candi- 
date for nomination by any political party for any mercenary 
or venal consideration or motive, and that his candidacy for 
the nomination is not in good faith, the Judge shall forthwith 
issue his writ of injunction restraining the officer or offi- 



248 ELECTION LAWS OF MONTANA 

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 ad- 
dition thereto the court shall direct the County Attorney 
to institute criminal proceedings against such person or per- 
sons for corrupt practice, and upon conviction thereof he 
and any person or persons combining with him shall be pun- 
ished by a fine of not more than One Thousand Dollars, or 
imprisonment in the county jail for not more than one year. 

Section 38. 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 of- 
fense at such election were taken by and on behalf of the 
candidate, or that the offense or offenses complained of 
were trivial, unimportant and limited in character, and that 
in all other respects 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 
accidental 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 offense or 
omission complained of be void, nor shall the candidate be 
removed from or deprived of his office. 

Section 39. If, upon the trial of any action or proceed- 
ing under the provisions of this Act, for the contesting of 
the right of any person declared to be nominated to an of- 
fice, or elected to an office, or to annul and set aside such 
election, or to remove any person from his office, it shall ap- 
pear that such person was guilty of any corrupt practice, 
illegal act, or undue influence in or about such nomination or 
election, he shall be punished by being deprived of the nom- 
ination or office, as the case may be, and the vacancy there- 
in 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 candi- 
date or officer from being proceeded against by indictment 
or criminal information for any such act or acts. 



ELECTION LAWS OF MONTANA 249 

Section 40. Any action to contest the right of any per- 
son declared elected to an office, or to annul and set aside 
such election, or to remove from or deprive any person of 
an office of which he is the incumbent, for any offense men- 
tioned in this Act, must, unless a different time be stated, 
be commenced 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 subsequent to the filing of 
the statements prescribed by this Act, in which case the 
action or proceeding may be commenced within forty days 
after the discovery by the complainant of such illegal pay- 
ment. A contest of the nomination 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 con- 
test before the Legislative Assembly. 

Section 41. An application for filing a statement, pay- 
ment of a claim or correction of an error or false recital 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 of- 
fense mentioned in this Act, or any petition 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 district court of the county in which 
the certificate of his nomination as a candidate for the office 
to which he is declared nominated or elected is filed, or in 
which the incumbent resides. 

Section 42. A candidate nominated or elected to an of- 
fice, 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 
office 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 election to any office or posi- 
tion of trust, honor or emolument made in violation of or 
contrary to the provisions of this Act shall be void. 

Section 43. If any County Attorney shall be notified by 
any 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 reasonable 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, charging 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 con- 



250 ELECTION LAWS OF MONTANA 

viction thereof shall forfeit his office. It shall be the duty 
of the County Attorney, under penalty of forfeiture of his 
office, to prosecute any and all persons guilty of any viola- 
tion of the provisions of this Act, the penalty of which is 
fine or imprisonment, or both, or removal from office. 

Section 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. 

Section 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 elector 
has the right to vote, for any of the following causes: 

1. On the ground of deliberate, serious and material 
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 fraud- 
ulent count or canvass of votes. 

Section 46. Nothing in the third ground of contest 
specified 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 office is con- 
tested, 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 nomination or office, after deducting 
therefrom the illegal votes which may be shown to have 
been given to such other person. 

Section 47. When the reception of illegal votes is al- 
leged as a cause of contest, it shall be sufficient to state 
generally that in one or more specified voting precincts il- 
legal votes were given to the person whose nomination 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 in- 
tends to prove on such trial. This provision shall not pre- 
vent 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 
""^h written list. 



ELECTION laws OK Montana 251 

Section 48. Any petition contesting the right of any 
person to a nomination or election shall set forth the name 
of every person whoso election is contested, and the grounds 
of the contest, and shall not thereafter be amended, except 
by loa\e of the nmrt. Before any proceeding thereon the 
petitioners 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 mannei 
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 pre- 
vails, he may recover his costs, disbursements and reasonable 
attorney's fees against the contestee. But costs, disburse- 
ments and attorney's fees, in all such cases, shall be in the 
discretion of the court, and in_case judgment is rendered 
against the petitioner it shall also be rendered against the 
sureties 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 not 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 con- 
venient dispatch. The court shall always be deemed in ses- 
sion for the trial of such cases. 

Section 49. The petitioner (contestant) and the con- 
testee may apppear 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, dis- 
bursements and attorney's fees between them, and shall 
finally determine all . questions of law and fact, save only 
that the Judge may in his discretion empanel a jury to de- 
cide on questions of fact. In the case of a contested nomina- 
tion or election for Senator or Representative in the Legis- 
lative Assembly, or for Senator or Representative in Con- 
gress, 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 nom- 
inations or elections, the court shall forthwith certify its 
decision to the board or official issuing certificates of nom- 
ination 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 



252 ELECTION LAWS OF MONTANA 

shall award the nomination or office to the person receiving 
next the highest number of votes, unless it shall be further 
determined in the action, upon appropriate pleading and 
proof by defendant, that some act has been done or com- 
mitted which would have been ground in a similar action 
against such person, had he received the highest number 
of votes for such nomination 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 the judgment de- 
clared vacant, and shall thereupon be filled by a new elec- 
tion, or by appointment, as may be provided by law regard- 
ing vacancies in such nomination or office. 

Section 50. In like manner as prescribed for the con- 
testing of an election, any corporation organized under the 
laws of or doing business in the State of Montana may 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 busi- 
ness in this State, or by both such fine and forfeiture, or 
by both such fine and injunction. 

Section 51. Whoever violates any provisions of this 
Act, the punishment for which is not specifically provided by 
law, shall on conviction thereof be punished by imprison- 
ment in the county jail for not more than one year, or by a 
fine of not more than Five Thousand Dollars, or by both 
such fine and imprisonment. 

Section 52. Proceedings under this Act shall be ad- 
vanced on the docket upon request of either party for speedy 
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 condition 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 pro- 
ducing papers or documents on the ground that his testi- 
mony or the production of papers or documents will tend to 
criminate him ; but no admission, 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 infor- 
mation that he may have so given except in a prosecution 
for perjury committed in such testimony. 



ELECTION LAWS OI«' MONTANA 253 

Section 53. A petition or complaint filed under the pro- 
visions of this Act shall be sufficient if it is substantially 
in the following form: 

In the District Court of the Judicial 

District, for the County of , State of 

Montana. 

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 candi- 
dates at said election, and the Board of Canvassers has re- 
turned the said as being duly nominated 

(or elected) at said election. 

That Contestant A. B. voted or had a right to vote, (aa 
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 elec- 
tion, as the case may be), and said Contestant C. D. (here 
state in like manner the right of each contestant.) 

And said contestant (or contestants) further allege 
(here state facts and grounds on which the contestants rely.) 

Wherefore, your contestants pray that it may be deter* 

mined 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 fur- 
ther 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 complaints in civil cases. 

Section 54. The statement of expenses required from 
candidates and others by this Act shall be in substantially 
the following form: 
State of Montana, County of.—. ss. 

I, , having been a candidate (or ex- 
pended 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 returns of my election expenses and receipts hereto at- 
tached, and to the best of my knowledge and belief that re- 
turn is full, correct and true. 



254 ELECTION LAWS OF MONTANA 

And I further state on oath that, except as appears from 
this return, I have not, and to the best of my knowledge and 
belief no person, nor any club, society or association, 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 private, or valuable con- 
sideration, or incurred any liability on account of or in re- 
spect 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 equiva- 
lent for money, nor has any money or equivalent for money 
to my knowledge or belief been paid, advanced, given or de- 
posited by any one to or in the hands of myself 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 payment, re- 
ward, office, position or employment, or valuable considera- 
tion for the purpose of defraying any such expenses or ob- 
ligations as herein mentioned for or on account of my nom- 
ination or election, or provide or be a party to the providing 
of any money, security or equivalent for money for the pur- 
pose 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 knowledge, 
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 organization, or of any measure before 
the people. 

Section 55. Any person who shall knowingly make any 
false oath or affidavit where an oath or affidavit is required 
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.) 



ELECTION LAWS OF MONTANA 255 

CRIMES AGAINST ELECTIVE FRANCHISE. 

(Sections refer to Revised Codes of 1907; sections in 
brackets refer to Codes of 1895.) 

Section 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 registration 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 fraudu- 
lently acts in contravention or violation of any of the pro- 
visions of such laws, is, unless a different punishment for 
such acts or omissions is prescribed by this Code, punishable 
by fine not exceeding One Thousand Dollars, or by imprison- 
ment in the State prison not exceeding five years, or both. 

Section 8125. (Sec. 61.) Fraudulent Registration a 

Felony. Every person who wilfully causes, procures or al- 
lows 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 ex- 
ceeding One Thousand Dollars, or by imprisonment 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 reg- 
ister of any county, without being qualified for such regis- 
tration, the court must order such registration to be can- 
celled. 

Section 8126. (Sec. 62.) Fraudulent Voting. Every 
person not entitled to vote, who fraudulently votes, and every 
person who votes more than once at any one election, or 
changes any ballot after the same has been deposited in the 
ballot box, or adds, or attempts to add, any ballot to those 
legally polled at any election, either by fraudulently intro- 
ducing the same into the ballot box before or after the bal- 
lots 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 of- 
ficers 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 guiHy of a felony. 



256 ELECTION LAWS OF MONTANA 

Section 8127. (Sec. 63.) Attempting to Vote Without 
Being Qualified. Every person not entitled to vote, who 
fraudulently attempts to vote or register, or who, being en- 
titled to vote, attempts to register or vote more than once 
at any election, is guilty of a misdemeanor. 

Section 8128. (Sec. 64.) Procuring Illegal Voting. 
Every person who procures, aids, assists, counsels, or advises 
another to register or give or offer his vote at any election, 
knowing that the person is not entitled to vote or register, 
is guilty of a misdemeanor. 

Section 8129. (Sec. 65.) Changing Ballots or Altering 
Returns by Election Officers. Every officer or clerk of elec- 
tion who aids in changing or destroying any poll list or 
check list, or 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 results of 
such election, or allows another to do so, when in his power 
to prevent it, or carries away or destroys, or knowingly al- 
lows another to carry away or destroy any poll list, check 
list, ballot box, or ballots lawfully polled, is guilty of a 
felony. 

Section 8130. (Sec. 66.) Judges Unfolding or Marking 
Tickets. Every judge or clerk of an election who, previous 
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 im- 
prisonment 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. 

Section 8131. (Sec. 67.) Forging or Altering Returns. 
Every person who forges or counterfeits returns of an elec- 
tion purporting to have been held at a precinct, town or 
ward where no election was in fact held, or wilfully sub- 
stitutes 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. 

Section 8132. (Sec. 68.) Adding to or Subtracting 
From Votes Given. Every person who wilfully adds to or 
subtracts from the votes actually cast at an election, in any 



ELECTION LAWS OF MONTANA 257 

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. 

Section 8133. (Sec. 69.) Persons Aiding and Abetting. 
Every person who aids or abets in the commission of any 
of the offenses mentioned in the four 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. 

Section 8134. (Sec. 70.) Intimidating, Corrupting, De- 
ceiving or Defrauding Electors. Every person who by force, 
threats, menaces, bribery," or any corrupt means, either di- 
rectly or indirectly, attempts to influence any elector in giv- 
ing his vote, or to deter him from giving the same, or at- 
tempts by any means whatever to awe, restrain, hinder, or 
disturb any elector in the free exercise of the right of suf- 
frage, or defrauds any elector at any such election, by de- 
ceiving and causing such elector to vote for a different per- 
son for any office than he intended 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 promises 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. 

Section 8135. (Sec. 71.) Offenses Under the Election 
Laws. Every person who falsely makes, or fraudulently de- 
faces or destroys the certificates of nomination of candidates 
for office to be filled by the electors at any election, 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 certificate of nomination, 
which has been duly filed, or any part thereof, or forges or 
falsely makes the official endorsement on any ballot, is guilty 
of a felony and upon conviction thereof is punishable by im- 
prisonment in the State prison not less than one nor more 
than five years. 

Section 8136. (Sec. 72.) Officers of Election Not to 
Electioneer, Etc. Every officer or clerk of election who de- 
posits in a ballot box a ballot on which the official stamp, 
as provided by law, does not appear, or does any electioneer- 
ing on election day, is guilty of a misdemeanor and upon 
conviction is punishable by imprisonment not to exceed six 
months, or by a fine not less than Fifty nor more than Five 
Hundred Dollars, or both. 

Section 8137. (Sec. 73.) Offenses at An Election. 
Every person who, during an election, removes or destroys 
any 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 






258 ELECTION LAWS OF MONTANA 

wilfully defaces or destroys any list of candidates posted 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 election day within 
any polling place or any building in which an election is be- 
ing 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 identified, 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 of the ballots, or does not return the ballot 
before leaving the polling place, delivered to him by such 
judges and which he has not voted, is guilty of a misde- 
meanor and is punishable by a fine not exceeding One Hun- 
dred Dollars. 

Section 8138. (Sec. 74.) Furnishing Money for Elect- 
ors. 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 pro- 
curing 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 expenses of holding and con- 
ducting public meetings for the discussion of public ques- 
tions, and of printing and circulating ballots, hand bills, and 
other papers, previous to such election; is guilty of a misde- 
meanor. 

Section 8139. (Sec. 75.) Unlawful Offer to Appoint to 
Office. Every person who, being a candidate at any election, 
offers or agrees to appoint or procure the appointment of 
any particular person to office, as an inducement or consid- 
eration to any person to vote for, or to procure or aid in pro- 
curing the election of such candidate, is guilty of a misde- 
meanor. 

Section 8140. (Sec. 76.) Communication of Same. Every 
person, not being a candidate, who communicates any offer, 
made in violation of the last section, to any person with 



ELECTION LAWS OF MONTANA 259 

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. 

Section 8141. (Sec. 77.) Bribing Members of Legisla- 
tive Caucuses, Etc. Every person who gives or offers a bribe 
to any officer or member of any legislative caucus, political 
convention, or political gathering of any kind, held for the 
purpose of nominating candidates for offices of honor, trust, 
or profit in this State, with intent to influence 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 im- 
prisonment in the State prison not less than one nor more 
than fourteen years. 

Section 8142. (Sec. 78.) Preventing Public Meetings 
of Electors. Every person who, by threats, intimidations, or 
violence, wilfully hinders or prevents electors from assem- 
bling in public meeting for the consideration of public ques- 
tions, is guilty of a misdemeanor. 

Section 8143. (Sec. 79.) Disturbance of Public Meet- 
ings 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. 

Section 8144. (Sec. 80.) Betting on Elections. Every 
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 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 mis- 
demeanor. 

Section 8145. (Sec. 81.) Violation of Election Laws. 
Every person who wilfully violates any of the provisions of 
the laws of this State relating to elections is, unless a dif- 
ferent punishment for such violation is prescribed by this 
Code, punishable by fine not exceeding One Thousand Dol- 
lars, or by imprisonment in the State prison not exceeding 
five years, or both. 

Section 8146. (Sec. 82.) Not to Sell Liquor on Elec- 
tion Day. Every person who sells, gives away or furnishes 
spirituous or malt liquors, cider, wine, or any other intoxicat- 
ing beverages on any part of any day set apart for any gen- 
eral 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 imprisonment not exceeding 
six months, or by a fine not less than Fifty nor more than 
Five Hundred Dollars, or both. 



260 ELECTION LAWS OF MONTANA 

Section 8147. (Sec. 83.) Payment of Expenses of Can- 
didate by Another. No person shall, in order to aid or pro- 
mote his own nomination as a candidate for public office, 
by a caucus, convention, or nomination paper, directly or in- 
directly, by himself, or through another person, or by a po- 
litical committee, give, pay, expend or contribute, or promise 
to give, pay, expend or contribute, any money or other val- 
uable thing, except for personal expenses as hereinafter pro- 
vided. 

Section 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 office, directly or indirect- 
ly, by himself or through another person, promise to ap- 
point, or promise to secure or assist to secure the appoint- 
ment, 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. 

Section 8149. (Sec. 85.) What Money May Be Paid 
to Political Committees. No person shall, in order to aid or 
promote his own election to a public office, directly or in- 
directly, 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. 

Section 8150. (Sec. 86.) Lawful Expenses of Candi- 
date. A candidate for nomination or election to a public 
office, and any other person, may incur and pay, in connec- 
tion with such nomination or election, his own personal ex- 
penses for traveling and purposes properly incidental to trav- 
eling; for writing, printing and preparing for transmission, 
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 sta- 
tionery and postage, for telegraph, telephone and other pub- 
lic messenger service, and for other petty personal expenses; 
but all such expenses shall be limited to those which are di- 
rectly incurred and paid by him, and by him alone; and 
every person shall be required to include such personal ex- 
penses in any statement 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 per- 
sonal 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. 



ELECTION LAWS OF MONTANA 261 

Section 8151. (Sec. 87.) Limitations of Contributions 
to Political Committees. A person who is nominated as a 
candidate for public office by a caucus, convention or nom- 
ination paper, and any person who shall, with his own as- 
sent, be voted for public office, may make a voluntary pay- 
ment of money, or a voluntary or unconditional 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 vol- 
untary contribution, shall such total aggregate voluntary 
payments exceed the sum of One Thousand Dollars by any 
candidate for the United States Senate, for Congress or for 
State offices; nor shall such total aggregate voluntary pay- 
ments 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 of- 
fice; 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 other- 
wise than under the authority or in behalf of a political com- 
mittee in any county. 

Section 8152. (Sec. 88.) Political Committee Defined. 
The term "political committee," under the provisions of this 
Act, shall apply to every committee or combination of per- 
sons 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 can- 
didate for public office. Every such committee 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 au- 
thority or in its behalf; and no person, acting under the au- 
thority 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. 

Section 8153. (Sec. 89.) Statement of Expenses by 
Candidate. A person who, acting under the authority or in 
behalf of a political committee, shall receive any money or 
equivalent of money, or promise of the same, or shall ex- 
pend any money, or its equivalent, or shall incur any liabil- 
ity to pay money or its equivalent, shall at any time there- 
after, on demand of the treasurer of such committee, and 
in any event within fourteen days after such receipt, ex- 



262 ELECTION LAWS OF MONTANA 

penditure, promise or liability, give to such treasurer a de- 
tailed 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. 

Section 8154. (Sec. 90.) Statement of Disbursements 

by Treasurer. The treasurer of every political committee 
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 re- 
ceipts 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, ex- 
penditures, disbursements and liabilities of the committee, 
and of every officer and other person acting under its au- 
thority 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 include the amount of every expendi- 
ture or disbursement, the name of the person or committee 
to whom the expenditure 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 disbursed. The statement shall also give the date and 
amount of every existing unfulfilled promise or liability, 
both to and from such committee, remaining uncancelled 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. 

Section 8155. (Sec. 91.) Statement by Other Persons. 

Every person who, acting otherwise than under the author- 
ity or in behalf of a political committee, having a treasurer 
as hereinbefore provided, receives money or the equivalent 
of money, or expends or disburses, or promises to expend 
or disburse money or its equivalent, to an amount exceed- 
ing 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 nom- 
ination, election or defeat of a candidate for public office, 
shall file such statement 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 subject to all the re- 
quirements 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 dis- 
burse the same, for either of the purposes above named, ex- 
cept for personal expenses as herein provided, or under the 
authority or in behalf of a political committee. 



ELECTION LAWS OF .MONTANA 263 

Section 8156. (Sec. 92.) Indirect Payments Not Al- 
lowed. No person shall, directly or indirectly, by himself 
or through another person, make a payment or promise of 
payment to a political committee, or to an officer or other 
person acting under its authority or in its behalf, in any 
other than his own name ; nor shall such committee officer 
or other person, knowingly receive a payment or promise 
of payment, or enter or cause the same to be entered in the 
accounts or records of such committee, in any other name 
than that of the person by whom such payment or promise 
of payment is made. 

Section 8157. (Sec. 93.) Solicitation of Money Pro- 
hibited. No political committee,, and no person acting under 
the authority or in behalf of a political committee, shall de- 
mand, solicit, ask or invite a payment of money or promise 
of payment of money to be used in an election, from a per- 
son who has been nominated by a caucus, convention or nom- 
inating paper, as a candidate for public office in such elec- 
tion; and no person so nominated shall make any such pay- 
ment 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. 

Section 8158. (Sec. 94.) Statement of Treasurer Filed 
With County Clerk. The statement required by this Act to 
be filed by the treasurer of a political committee shall be 
filed with the clerk of the county in which the treasurer is 
a legal voter, except that, in case a political committee 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 same 
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. 

Section 8159. (Sec. 95.) Power of Supreme and Dis- 
trict Courts. The supreme court and the district court shall 
have full equity powers to compel any person who fails 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 re- 
spect to sufficiency in detail, conformity to the truth or 
otherwise, to comply with the provisions of this Act by fil- 
ing 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 ac- 



264 ELECTION LAWS OF MONTANA 

count of which the expenditures, or a part thereof, were or 
are alleged to have been made. No such petition shall be 
brought later than sixty days after such election, against 
any one who has filed his account within the thirty days 
required, excepting that a petition may be brought withm 
thirty days of any payment which was not stated in the 
statement so filed. Proceedings 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 possible. No petition brought under this Act 
shall be withdrawn or discontinued without the consent of 
the Attorney General. 

Section 8X60. (Sec. 96.) Exemption of Witness From 

Prosecution. No person called to testify in any proceedings 
under the preceding section shall be liable to criminal prose- 
cution under this Act or otherwise, for any matters or causes 
in respect of which he shall be examined or to which his 
testimony shall relate, except to prosecution for. perjury 
committed in such testimony. 

Section 8161. (Sec. 97.) Clerk May Require Correct 
Statement. If any statements which are filed under this 
Act shall apparently fail to be in conformity with the re- 
quirements 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 request him 
to amend and correct the same. 

Section 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. 

Section 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. 

Section 8164. (Sec. 100.) Secretary of State to Pro- 
vide Blanks. The Secretary of State shall, at the expense 
of the State, provide 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. 

Section 8165. (Sec. 101.) Clerk to Receipt for State- 
ment. 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 fil- 
ing the same. 






ELECTION laws OF MONTANA Mf> 

Section 8166. (Sec. L02.) Vouchers for Expenses. 

Every payment in respect of any expense incurred, which 

is to be accounted for under this Act, shall be vouched for 
by a receipted hill stating the particulars of expenses, and 

every voucher, receipt or account required by this Act shall 
be preserved for at least six months from the election to 
which it relates. 

Section 8167. (Sec. 103.) Scope of Act. This Act 
shall apply to all public elections, whether for officers or 
upon questions to be submitted to the people, except elec- 
tions of township officers, 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 nom- 
ination of candidates to be voted for at such elections; ex- 
cept that Sections 8147 (83), 8149 (85) and 8156 (92) of 
this Act shall not apply to the proprietors and publishers 
of publications issued at regular intervals in respect to the 
ordinary and regular conduct of business as such proprietors 
and publishers. 

Section 8168. (Sec. 104.) Penalties. Whoever shall 
violate 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 be 
punished by a fine not exceeding One Thousand Dollars, 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. 

Section 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 imprison- 
ment 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 endeavor to procure 
any money or valuable consideration to or for any election, 
or to or i'or any person on behalf of any elector, or to or 
for any person, in order to induce any elector to vote or re- 
frain from voting, or corruptly does any such act as afore- 
said, from voting at any election. 

2. Every person who, directly or indirectly, by himself 
or by any other person on his behalf, gives or procures, or 
agrees to give or procure, or offers or promises, any office, 
place or employment, to or for any elector, or to or for any 
other person, in order to induce such elector to vote or re- 



266 ELECTION LAWS OF MONTANA 

frain from voting, or corruptly does any such act as afore- 
said, on account of any elector having voted or refrained 
from voting at any election. 

3. Every person who, directly or indirectly, by himself 
or by any other person on his behalf, makes any gift, loan, 
offer, promise, procurement or agreement as aforesaid, 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 an> 
such gift, loan, offer, promise, procurement or agreement, 
procures or promises, or endeavors to procure, the election 
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 person, with 
the intent that such money, or any part thereof, shall be ex- 
pended 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, office, place or employment, 
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 in- 
directly, by himself or by any other person in his behalf, 
receives any money, gift, loan, valuable consideration, office, 
place of employment, for having voted or refrained from vot- 
ing, or having induced any other person to vote or refrain 
from voting, at any election. 

8. Every person, whether an elector or otherwise, who, 
before or during any election, directly or indirectly, by him- 
self or by any other person in his behalf, makes approaches 
to any candidate or agent or any person representing or act- 
ing 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 him- 
self or any other person, for voting 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 candi- 
date, or any agent or person representing or acting on behalf 



ELECTION LAWS OF MONTANA 267 

of any candidate, and asks for or offers to receive any 
money, gift, loan, valuable consideration, office, place or em- 
ployment, 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 be- 
come, gives or lends any money or valuable consideration 
whatever, or agrees to give or lend, or offers or promises 
any such money or valuable consideration, or promises to 
procure or try to procure, or tries to procure, for such person 
or for any other person, any money or valuable considera- 
tion. 

11. Every person who, for the purpose and with the 
intent in the last preceding sub-section mentioned, gives or 
procures any office, place or employment or agrees to give 
or procure or offers or promises such office, place or em- 
ployment, 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. 

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 declara- 
tion 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 same to be paid for him. 

Section 8170. (Sec. 106.) Bets and Wagers. Every 
person who shall bet or wager any money or property, or 
other valuable thing, on the result of any election authorized 
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 Dol- 
lars nor more than One Thousand Dollars. 

Section 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 in- 
fluence his vote, any meat, drink or refreshment, or any 
money or ticket to enable such elector to procure such re 
freshments, shall be deemed a misdemeanor; and whosoever 



268 ELECTION LAWS OF MONTANA 

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. 

Section 8172. (Sec. 108.) Undue Influence. The fol- 
lowing 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 ex- 
ceed two years in the penitentiary: 

1. Every person who, directly or indirectly, by himself 
or by 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 any man- 
ner practices intimidation upon or against any person, in or- 
der to induce or compel such person to register 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 inter- 
feres 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. 

Section 8173. (Sec. 109.) Unlawful Acts of Employ- 
ers. It shall be unlawful for any employer, in paying his 
employees the salary or wages due them, to enclose their 
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, express or implied, 
calculated or intended to influence the political opinions or 
actions of such employees. 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 estab- 
lishment or place where his workmen or employees may be 
working, any hand bill 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 establishment will cease, in 
whole or in part, or shall be continued or increased, or his 
place or establishment be closed up, or the salaries or wages 
of his workmen or employees be reduced or increased, or 
other threats or promises, express or implied, intended or 
calculated to influence the political opinions or actions of his 
workmen or employees. This section shall apply to corpora- 
tions as well as individuals, and any person violating the 
provisions of this section is guilty of a misdemeanor, and 
shall be punished by a fine of not less than Twenty-five 



ELECTION LAWS OF MONTANA 269 

Dollars nor more than Five Hundred Dollars, and imprison- 
ment 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. 

Section 8174. (Sec. 110.) Fines Paid Into School Fund. 
All fines imposed and collected under the preceding sections 
shall be paid into the county treasury for the benefit of the 
common schools of the county in which the offense was com- 
mitted. 

Section 8175. (Sec. 111.) Violation of Act Voids Elec- 
tion. If it be proved before any court for the trial of elec- 
tion 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 elec- 
tion 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 Corrupt 
Practices Act, found preceding the title "Crimes Against the 
Elective Franchise," it was deemed best to insert them, 
there not being any provision in said Act directly repealing 
them. 



INDEX 



Sec I ''i co 
ABSENT VOTERS. Bee, L-21. 

Absent voter envelope Bhall nol in opened, when i<; 88 

Affidavil on application, form 4 83 

Affidavit shall be swnm to, before whom 7 85 

Application blank to be delivered bow ami by whom 5 84 

Application for ballot, form 3 83 

Application for ballot may be made, when and to 

whom _ 83 

Any qualified elector may vote by this method 12 87 

Ballot, absent voter, not to be opened, when 17 89 

Ballots, how cast by judges 13 nT 

Ballots, proceedings in casting, when voting machines 

are used 19 S9 

Ballots, rejected, disposition 11 

Ballots to be forwarded, to whom 8 

Ballots, kind to be delivered to voters and order of 

delivery 10 86 

Ballots, not to be delivered, when 5 84 

Ballot, shall be delivered by clerk with what papers... 6 84 

Clerk to forward ballot to whom 8 85 

County, city or town clerk, duty 5-6 84 

Clerk's duty, when envelope received late 9 85 

Clerk, record to be kept. 10 86 

clerk shall provide proper postage and markings 14 88 

Elector appearing at polling place after marking ab- 
sent ballot 16 88 

Elector may vote in person 15 88 

Envelope, has affidavit printed thereon 6 84 

Fee paid to county, city or town clerk 4 83 

Judges, duty to make entry of ballot numbers 11 86 

Judges, duty to note in poll books fact that voter 

voted in person 20 90 

Judges to cast ballots 13 87 

Perjury, when deemed guilty 18 89 

Rejected ballots 11 86 

Violation of act 18 89 

Violation of act outside of state 21 90 

Voter must make application to county, city or town 

clerk 2 83 

Voter not absenting himself must go to polls 20 90 

Voting machines, ballot prepared how 19 89 

A. SENT VOTERS (In Military Service.) Sec. 1-21. 

Act supplementary to previous laws 21 97 

Adjutant General shall send to each voter official bal- 
lot and envelope 10 94 



272 



INDEX 



Absent Voters— (In Military Service, Sec. 1-21.)— Continued- 

Sec. 

Ballots, canvass of 19 

county clerk, furnish Secretary of State number 

ot ballots required 6 

disposition of canvassed ballots by Secretary of 

State 19 

disposition of voted ballots received by Secretary 

of State 12,13 

manner of voting 8 

shall be prepared and printed 5 

shall not be counted. 16 

voted ballots, disposition of 11 

voters may cast 9 

County Board of Canvassers, duties 14,15 

County Clerk, duty in marking envelopes 11 

County Clerk, duty to prepare envelopes 7 

County Clerk, duty to furnish list of electors in mili- 
tary service 2 

Duty of all public officers and citizens to furnish in- 
formation to Secretary of State 3 

Envelope, form 7 

Oaths may be administered by whom 17 

Official envelope, shall be mailed by whom 8 

Register cards 3 

Register to be prepared by Secretary of State o 

Secretary of State to deliver ballots 10 

Secretary of State, print act and forward to voter 20 

Secretary of State, transmit names of candidates 4 

State Board of Canvassers, duties 12, 13 

Who are entitled to vote under act 1 



Page 
97 

92 

97 

95 
94 
92 
97 
94 
. 94 
96 
94 
93 

91 

91 
93 
97 
94 
91 
:tl 
94 
97 
92 
95 
91 



APPORTIONMENT AND REPRESENTATION. (See Con- 
gressional Districts.) 

BALLOTS AND VOTING, Code Provisions. Sec. 541-571. 

Aiding disabled voter 555 70 

Announcement of voter's name 558 71 

Ballot, contents and form 545 65 

delivery to elector 551 69 

destroyed 569 72 

how to mark 545 65 

how marked after voting 560 71 

kind of paper used 545 65 

preparation by county clerk 545 65 

printing and distributing 541 64 

stub of, to be numbered 545 65 

to be perforated 545 65 

Ballots, delivery to judges 547 67 

Ballots, identification marks prohibited 549 68 

Ballots, removing same from polling place 549 68 

Challenge, grounds of 562 71 

Challenge, proceedings for want of identity 563 71 

challenges, how determined 566 72 

Challenges, list to be kept 570 73 



INDEX 273 

Ballots and Voting — Continued. 

Sec. Page 

Challenges, proceedings on ground of having com- 
mitted crime 565 72 

Challenges, proceedings on grounds of having voted 

before 564 72 

Challenges, proceedings upon determination 569 72 

City clerk, duty 543 64 

County clerk, duty 542 64 

County clerk to keep record of ballots 546 67 

County clerk to provide sufficient number of ballots.... 546 67 

Electioneer : ng prohibited 549 68 

Election expenses a public charge 550 69 

Elector may insert name other than printed on ballot 552 69 

Elector to remain in booth, how long 553 70 

Electors may vote for any person 542 64 

Judges to announce, what 552 69 

Judge to remove stub 552 69 

List of voters 561 71 

Manner of voting 557 71 

Method of voting 552 69 

Persons not entitled to vote 571 73 

Pasters printed for electors 544 64 

Putting ballot in box 559 71 

Refusing to be sworn 568 72 

Spoiled ballots, elector may receive new one 554 70 

Stamps, what to contain 547 67 

Trial of challenges 567 72 

Voting booths, number of 548 68 

Voting, when to commence and continue 556 70 

BRIDGE CONSTRUCTION (See County Bond Elections.) 

CANDIDATES AND QUESTIONS FOR ELECTION, Code 
Provisions. Sec. 521-532. 

Candidates may decline nomination 529 34 

Certificates of nomination not to contain what 525 33 

of nominations, otherwise made 524 33 

of nomination, where filed 523 33 

to be filed 527 34 

to be preserved how long 526 34 

Certifying names of persons nominated 528 34 

Certifying questions submitted to electors 531 35 

Convention defined 521 32 

Errors, how corrected 532 35 

Number of signatures required to nominate 524 33 

Petition, contents 522 32 

Primary defined 521 32 

Vacancies, how filled 530 34 

CANVASSING AND RETURNING THE VOTE. Sec 572- 
587. 

Ballots to be opened singly 576 98 

Ballots to be strung and enclosed in sealed envelope.... 577 99 



274 INDEX 

Canvassing and Returning the Vote— (Sec 275)— Continued. 

Sec. Page 

Ballots, void when 575 98 

Canvass to be public and without adjournment 572 98 

Clerk to keep on file what 586 100 

Contest of election must start when 585 100 

Custody of election returns 582 100 

Detached stubs and unused ballots sent to county 

clerk 580 99 

Election returns by judges, how made 580 99 

Filing of ballots and stubs by county clerk 584 100 

Judges to retain one set of papers 581 100 

Keeping returns pending contest 585 100 

Mode of canvassing 573 98 

Papers to be delivered to county clerk 583 100 

Poll lists compared 573 98 

Rejected ballots 578 99 

Return list 579 99 

Returns, disposition of, after canvass o87 101 

Signing poll books 579 99 

Tally sheets, how kept 576 98 

When more ballots than names 574 98 

CANVASS OF RETURNS. Sec. 588-608. 

Abstract, how transmitted 596 104 

Abstract of vote to be made by clerk 595 103 

Belated returns, sending after 601 104 

Canvass of votes to be public 591 102 

Canvassing boards to declare persons elected 593 103 

Clerk's duty in state elections 598 104 

Clerk must keep record of what 592 103 

Commission issued by governor 602 105 

Compensation of messenger 590 102 

Compensation of messenger on state returns 601 104 

County boards are election canvassers 588 102 

County clerk to send after returns 590 102 

Defect in form of returns disregarded 606 105 

Duty of clerk receiving such returns 597 104 

Election certificate issued by clerk 594 103 

Election laws to be printed 607 105 

Filling vacancy on board of canvassers 589 102 

Penalties 608 106 

Postponing canvass 590 102 

Returns for joint members of house of representatives 595 ,,103 

State board of canvassers shall constitute whom 600 104 

Statement of the results to be entered of record 592 103 

State returns, how transmitted 599 104 

Tie vote, for state officers, procedure 603 105 

on judicial officers 604 105 

on representatives 605 105 

procedure 593 103 



IXDEX 275 

Canvass and Returns — (Sec. 588-608) — Continued. 

Sec. Page 
CERTIFICATES OF ELECTION (See Canvass of Re- 
turns.) 

CITIES AND TOWNS BONDING FIRE DISTRICT. Sec. 
1-2. 

Ballots, form of 2 167 

Bonds bear what interest 1 166 

Bonds issued, form of 2 167 

Manner of holding election 2 167 

Method of voting 2 167 

Question of bonding fire districts submitted to vote.... 1 166 

CITIES, GOVERNMENT OF. Sec. 3208-3215. 

Annexation of contiguous city or town 3215 159 

Appointment of election officers 3209 158 

Ballot, form of 3209 158 

Census of territory to be incorporated 3208 157 

Election, conduct of 3209 158 

Incorporation of city or town 3208 157 

Maps to accompany petition 3208 157 

Notice of election 3210 158 

Officers to be elected and conduct of election 3211 158 

Petition filed, signed by whom 3208 157 

CITIES AND TOWNS, INDEBTEDNESS. Sec. 3454- 
3455, 1-5. 

Additional taxation submitted to electors 1 165 

Ballots, contents of 3455 165 

Ballots for additional levy, form of 4 166 

Creation of indebtedness 3454 164 

Election for additional levy, procedure — . 2, 5 166 

Legislature may extend limit of indebtedness 6 164 

Notice of election published 2-3455 165 

Registration may be provided 3455 165 

Submitting question of indebtedness to taxpayers 3-3454 164 

CITIES AND TOWNS, OFFICERS AND ELECTIONS. 
Sec. 3216-3236. 

Aldermen, terms of office 3226 162 

Aldermen, qualification of 3229 162 

Aldermen, who eligible to become 3228 162 

Annual election, time of 3224 161 

Canvass of votes 3233 163 

Changes in boundaries, how made 3223 161 

Division of city or town into wards 3222 161 

Election, manner of conducting 3232 162 

Election precincts 3232 162 

Indebtedness of 6 164 

Judges and clerks of election 3232 162 

Oath and bonds of officers 3234 163 

Officers of city of first class 3216 160 

Officers. of city of second and third class 3217 160 



276 



INDEX 



Cities and Towns, Offices and Elections — Continued. 

Sec. 

Officers of towns 3218 

Qualification of electors 3231 

Qualification of mayor 3225 

Registration necessary 3230 

Term of office 3224 

Take office when 3235 

Terms of office begin when 3227 

Vacancy in office 3236 

Voters must register 3230 

Wards, number of 3223 

CITIES AND TOWNS; MANAGER PLAN. Sec. 1-124. 

Abandonment of plan may be had when 117 

Authorized to abandon its organization and reorgan- 
ize under act 1 

Cities incorporated under act shall be bodies politic 

and corporate 10 

City limits 8 

City may acquire property, how 10 

Commission may renew franchise 99 

Commissioners, absence operates to vacate seat 50 

clerk to publish names of candidates 16 

duties regarding franchises 101 

election of 6 

election of, votes canvassed how 7 

if mayor recalled, who to act— 47 

meetings of 50 

notice of election of 6 

number of, with what powers 12 

oath and bonds ' 45 

petition for removal of 21 

qualifications of 14 

quorum 48 

removal of by electors 21 

salary of 49 

term of office 13 

vacancies, how filled <■■ 14 

vote, how recorded 48 

Contracts for municipal work 124 

Co-ordinate powers of commissioners 121 

Corporate functions terminate 121 

County buildings, rental of 124 

Elections, conducted how 4 

Election ballots, form of 17 

names of candidates on 18 

statement of commissioners on 20 

Elections, fraudulent voting at, penalty 30 

for abandoning plan, may be held 117 

for commissioners, held when 19 

judges and clerks, how appointed 9 

mayor's proclamation of 3 

notice of, of first officer 9 

nominations, how made 16 

penalty for agreeing to perform services for can- 



Page 
161 
162 
161 
162 
161 
163 
162 
164 
162 
161 



208 

192 

194 
193 
194 
208 
207 
197 
208 
193 
193 
206 
207 
193 
195 
206 
201 
196 
206 
201 
207 
196 
196 
206 
210 
209 
209 
210 
192 

198 
200 
200 
203 
208 
200 
194 
192 
194 
197 



INDEX 277 

Cities and Towns — Manager Plan — (Sec. 1-124) — Continued- 

Sec. Page 

didates 29 202 

proposition to organize, if lost, when can be sub- 
mitted again 5 193 

recall, petitions of 24 201 

recall, petitions, how signed 23 201 

recall, ballots of 26 202 

duty of clerk in recall 25 201 

recall, officers removed when 27 L02 

recall, petition not to be filed against officer when 28 202 

removal 22 201 

Emergency measures 43 205 

Form of ballot for election 36 204 

Franchises, exclusive not to be granted 100 208 

Franchises, extending public utility beyond city 103 208 

Franchises, on public file 98 207 

General rights and powers 10 194 

Improvements payable by assessment 123 210 

Initiative and referendum channels 41 205 

Initiative power 37 204 

Laws and ordinances which shall remain in force 8 193 

Laws continued in force, etc 118 209 

Mayor, how chosen, etc 46 206 

Name of new municipal district 122 210 

Officers and employees, shall not be interested in any 

contract, job, etc 15 196 

Officers, terms of, expire when 13 196 

Ordinance may be submitted, when 34 204 

Ordinances, when effective 38 204 

Ordinances, petitioned, how 31 203 

Petitions, form of 32 203 

Petition, action on 33 203 

Preliminary steps before election 44 205 

Property vests in new municipality 123 210 

Reconsideration of ordinances 39 205 

Referendum power and ballot 40 205 

Time of election on ordinances 35 204 

Unpaid indebtedness of old municipality 123 210 

Vote on conflicting ordinances 42 205 

COMMISSION FORM OF GOVERNMENT FOR CITIES. 
Sec. 1-33. 

Abandoning commission form 32 190 

Aiding candidates, penalty for 13 186 

Ballot, form of 4 180 

Ballots, form of primary 12 183 

Ballots, duty of clerk regarding delivery 12 183 

Bribery 14 186 

Candidates, statement of 12 183 

Candidates, qualification of 12 183 

Canvass of returns by clerk 12 183 

Commission form may be adopted by whom 1 iso 



278 



INDEX 



Cities and Towns — Manager Plan — (Sec. 1-124) — Continued- 
Sec. Page 

Election, conduct of 7 181 

Election, conduct of primary 12 183 

Election order to specify date 2 180 

Electors, qualification of 12 183 

Illegal voting 14 186 

Laws governing city remain same 8 181 

Making false answers 14 186 

Mayor and councilmen to qualify 10 182 

Mayor's proclamation published how 6 181 

Mayor to notify whom 5 181 

Nominations made and decided how 12 183 

Notice of election, publication of 3 180 

Oath and bond of officers elected 12 183 

Officers, designation of, to be elected 8 181 

Ordinances, council may submit proposition to repeal.. 30 189 

form of ballot used 30 189 

may vote on any number 30 189 

number signatures required 30 189 

passed by council in effect when 31 190 

procedure of council 30 189 

resolution, franchises, how passed.. 23 187 

suomitting to council 30 189 

submitting to vote of people 30 189 

Petition accompanying nominations 12 183 

Petition filed to secure submission _ 2 180 

Petitions for act signed by whom 33 191 

Power of council 23 187 

Proclamation of mayor 3 180 

Publishing names by clerk 12 183 

Recall, conduct of election 29 187 

council to order election when 29 187 

form of ballot for 29 187 

incumbent removed when 29 187 

nominations made how 29 187 

number of votes necessary 29 187 

petitions for 29 187 

. successor to hold office until when 29 187 

Repealing ordinances 32 190 

Special election to elect officers 6 181 

Statement of candidate, form of 12 183 

Terms of office 11 182 

Territorial limits not changed 8 181 

Vacancy of mayor, filling , 9 182 

CONGRESSIONAL DISTRICTS. Sec. 1-4, 47. 

Altered in what manner 3 111 

Apportionment 1 HI 

Counties belonging to first district 1 111 

Counties belonging to second district 1 111 

Election of representatives 639 110 

New counties belong to what 2 111 

Now counties entitled to one senator 4 111 



INDEX 



279 



Congressional Districts (1-4, 47) — Continued. 

Sec. 

Number of districts 47 

Representative, votes for, how canvassed 640 

Representative, certificate of election 641 

Revision of districts 2 

CONSTITUTIONAL AMENDMENT. Sec. 1-4. 

Treating certain boards and departments...... 20 

Defining powers and duties of *arae 20 

To be balloted on, November, 1920 3 

Voting, manner of 3 

CONSTITUTIONAL PROVISIONS. Sec. 1-13". 

Age of voter 2 

Alien cannot hold office 7 

Elections by ballot 1 

Elector exempt from arrest 4 

Elector not obliged to perform military duty, when 5 

Employees of state or United States, right to vote 3 

General powers of the people 2 

Inmates of almshouses or asylum, right to vote 3 

Insane person or idiot, no right to vote 8 

Legislature has power to pass what 9 

Navigators, right to vote 3 

Officers of state or United States 3 

Persons convicted of felony disfranchised 2 

Qualifications of electors 2 

Qualifications of office holders 11 

Registration law, legislature has power to pass 9 

Residence not gained or lost when 3 

Right of suffrage 5 

Right to vote at time of adoption of constitution 

entitles person to vote, when 2 

Seaman deemed a resident of what place 6 

Soldier deemed a resident of what place 6 

Students have right to vote when 3 

Women eligible to hold what offices 10 

Women's suffrage amendment 2 

Women who are taxpayers, right to vote 12 

Who considered elected 13 

Who eligible to hold office 11 

CORRUPT PRACTICES ACT. Sec. 1-55. 

Accounts, examination of 13 

Accounts to be kept by whom and open to whom 12 

Annual reports of secretary, county and city clerks 

to contain financial statements of committee 17 

Anonymous bills, circulation of, prohibited 35 

Becoming candidate for venal purposes 37 

Betting unlawful 29 

Challenges, procedure 27 



Page 

112 
110 
110 
111 

7 
7 
8 



5 
6 
5 
6 

5 
5 
6 
6 
6 
5 
5 
5 
5 
6 
6 
5 
5 

5 

6 
6 
6 
6 
5 
6 
6 
6 

240 
239 

241 
246 
•247 
244 
243 



280 



INDEX 



Corrupt Practices Act (Sec. 1-55) — Continued. 

Sec. Page 

Coercion and undue influence punishable 28 244 

Complaint, form of 53 253 

Contents of financial statement 11 238 

Contest, court procedure, costs 49 251 

grounds of 45 250 

on grounds of illegal votes, when incumbent not 

to be ousted 46 250 

petition, costs, bond v 48 251 

petition filed where 41 249 

time to commence 40 249 

removal from office if guilty 39 248 

Contributions by corporations prohibited 25 243 

Contributions by office holders prohibited 20 242 

Contributions in another's name prohibited 18 241 

Contributions, what prohibited 24 242 

Convention credentials, transfer of prohibited 22 242 

Copies of act, duty of secretary of state 13 240 

Corporation, violation of act by 50 252 

Corrupt practices, what constitutes 31 245 

County attorney, duty of 43 249 

County attorney must prosecute, failure a misdemeanor 43 249 

County attorney to be notified of failure to file finan- 
cial statement, by whom 11 238 

Court proceedings to have precedence 52 252 

Decree of court 44 250 

Definitions of terms 10 237 

Delegates to convention, who not to become 21 242 

Election day, soliciting votes on, prohibited 34 246 

Examination of accounts 14 240 

Expenditures deemed that of candidates 1 236 

Expenditures excepted 10 237 

Expenditures, limit of 1 236 

Failure to file statements, procedure 14 240 

Failure to file, course to be pursued by officers 15 241 

False oaths, person making, guilty of perjury 55 254 

Felony, who deemed guilty of 31 245 

Filling vacancy on ballot 36 247 

Financial statement, failure to file 11 238 

filing of 11 238 

form of 54 253 

to be preserved for what time 17 241 

who may file, complaint of incorrectness 14 240 

Gifts, making of prohibited 26 243 

Illegal votes, duty of contestant 47 250 

Illegal votes, decree 46 250 

Influencing electors wrongfully, prohibited 28 244 

Insertion in newspapers of what matter, prohibited 32 245 

Limit of campaign expenses 8 237 

Limit of expenditures 1 236 

Making false oath, perjury..-. 55 254 



tNDEX 



281 



Corrupt Practices Act (Sec. 1-65) — Continued. 

Sec. Page 

Making gifts prohibited 26 243 
Names of candidates to be printed on ballot wh< d 36 247 
Notifying person of shortcoming of financial state- 
ment 14 240 

Ouster, to whom office to be awarded 49 251 

Paid political editorials Forbidden 33 245 

Paying for attending polls, unlawful 32 245 

Payment of money in another's name prohibited. 18 241 

Penalties 51 252 

Perjury 55 254 

Personation, a felony 30 245 

Promise of appointment prohibited 19 242 

Public officers, prohibited from becoming delegates 

to convention 21 242 

Publication of totals 17 241 

Publishable matter 33 245 

Punishment for person becoming candidate for venal 

purposes 37 247 

Removal from office 40 249 

Repeating, a felony 30 245 

Rewarding candidate for withdrawing, prohibited 23 242 

Soliciting votes on election day 34 246 

Solicitation of contributions for certain purposes pro- 
hibited 24 242 

Statement of expenses, duty of candidate 36 247 

Statement of expenses, form of 54 253 

Terms used in act, definitions of 10 237 

Transfer of convention credentials prohibited 22 242 

Treasurers of committees to file financial statement.... 12 239 

Treating, prohibited 26 243 

Trivial offenses, effect 38 248 

Vacancy on ballot, how filled 36 247 

Violations, complaint not to be dismissed without con- 
sent of county attorney 52 252 

Violation of act 16 241 

Violation of act by a corporation, procedure 50 252 

Violation of act not otherwise provided for, punish- 
ment 51 252 

Violation of act, punishment 42 249 

Wearing of badges and buttons forbidden at polls 32 245 

What constitutes political criminal libel .•. 35 246 

What contribution by other deemed that of candidate 1 236 

Withdrawing candidacy, reward for, prohibited 23 242 



COUNTY BOND ELECTIONS. Sec. 5, 2933-2938. 

Ballot, what to contain 2936 140 

Commissioners to determine amount necessary 2934 140 

Constitutional provisions 5 139 

Construction of bridge exceeding $10,000 1 142 



282 INDEX 

County Bond Elections (Sec. 5, 2933-2938)— Continued. 

Sec. Page 

Election supplies to be ordered by county clerk 2938 140 

Form of ballot 2938 140 

Judges of election to bandle ballots, how 2938 140 

Limit of county indebtedness 5 139 

Limit of money borrowed 2933 140 

Majority required 2937 140 

Object of loan to be clearly stated 2935 140 

Questions to be voted separately 2938 . 140 

When loan may be made 2937 140 

COUNTY BOND ISSUES, DROUTH VICTIMS. Sec. 1-32. 

Act is cumulative, does not repeal what acts 32 150 

Application for relief, filed with and by whom 21 147 

Application to be indorsed and filed, where 22 148 

Application required to obtain seed under seed grain 

act 23 149 

Ballot, form and marking 10 146 

Bonds issued when, without election 14 147 

County clerk to furnish judges of election, with what.. 9 146 

County clerk to issue order for relief 23 149 

County commissioners to purchase seed grain, when.... 11 147 

Election to be held when 6 145 

Election proclamation and publication 7 145 

Electors may be sworn in, to vote 9 146 

Hearing for necessity of relief 4 144 

Judges of election deliver what papers with returns.... 9 146 

Limitation of amount of relief 22 148 

Limitation of tax levy 28 150 

Registered electors entitled to vote 9 146 

Registration to close, when 9 146 

Relief furnished to whom 11 147 

Relief may be furnished when 23 149 

Signatures required on petition for relief 2 144 

Validity of election, warrant or bond issue 31 150 

Violation of act, to be prosecuted 25 150 

COUNTY COMMISSIONERS, RELATIVE TO ELEC- ) 
TIONS. Sec. 2894, 2939, 2940. 

Certificates issued to persons elected 2940 157 

Power to alter election precincts, etc 2894 156 

Providing appliances to hold elections 2939 157 

COUNTIES, GOVERNMENT OF. Sec. 4-6, 2955-2962. 

Commissioners, number and term of office 4-2961 118 

Officers enumerated 2957 119 

Officers to be elected ...'. 5 118 

Officers, when elected 2960 120 

District judges, terms of office 2962 120 

Election or appointment of precinct and township 

officers, provided how 6 119 

Qualifications to hold office 29-~>r> 119 



IX HEX 283 

Counties, Government of (Sec. 4-6, 2955-2962)— Continued. 

Sec. Page 

Qualifications to hold office, district and township 2956 119 

Township officers enumerated 2958 119 

Vacancy on board of county commissioners 4 118 

COUNTY HIGH SCHOOL. See Schools. 

COUNTY TAX LEVY FOR HIGHWAYS AND BRIDGES. 

Sec. 1-4 142 

COUNTIES, NEW. Sec. 1-16, 1A-1B. 

Actions in district court transferred 12 135 

Act to apply to counties in process of creation 16 136 

Area and assessed valuation required 1 120 

Ascertainment of assessment values 7 132 

Ballots, form and marking 3 126 

Bonds to pay election expenses 2 121 

Certificates of election filed with secretary of state.... 4 129 

Commissioners to be appointed by governor 6 131 

Compensation and expenses of commissioners 8 133 

Compensation of county officers 5 130 

Copies of official register furnished by what clerks.... 3 126 

County clerk to fix time for hearing petition 2 121 

County lines to be what distance from old county seat 1 120 

County officers shall first be elected, when 5 130 

County seat, designation of, choice on ballot 3 126 

County seat, when not determined at special election.. 3 126 

Delinquent taxes, disposed of 7 132 

Duty of commissioners when creation fails to carry 

at election 4 129 

Duty of officers and commissioners of old counties 2 121 

Election expenses apportioned, how 7 132 

Election officers, appointment of 3 126 

Election precincts, change of boundaries 3 126 

Election supplies and equipment, furnished by whom.. 3 126 

Entitled to proportion of assets of old county 1 120 

Fixing boundary line when territory is added 2, 8 133 

Hearing petition to create and protest to exclude ter- 
ritory 2 121 

Judicial district 5 130 

Laws governing the election 3 126 

Liability for portion of debt of old county 1 120 

May be formed, when and from what..... 1 120 

Nomination of candidates 3 126 

Notice to governor of organization 6 131 

Officers to be elected 5 130 

Officers to take office and qualify, how 4, 5 130 

Old county officers to continue in office, when 5 130 

Old county not to be reduced below what 1 120 

Organization of county deemed complete, when 4 129 

Per cent of electors required on petition 2 121 

Petition for creation of new county, contents, etc 2 121 



284 INDEX 

Counties, New— (Sec. 1-16, 1A-1B)— Continued 

Sec. Page 

Printing and distribution of ballots ■ 3 126 

Proceedings upon hearing of petition 2 121 

Proclamation and notice of election 3 126 

Property which shall belong to new county 7 132 

Publications to be in what paper 13 135 

Registration and qualifications of electors 3 126 

Representation in legislative assembly 14 135 

Resolution declaring county and county seat estab- 
lished 4 129 

Returns to be made to whom 3 126 

Terms of office 4 129 

Violation of act, penalty 15 136 

Votes to be canvassed by whom 3 126 

Withdrawal of signatures 2 121 

What percentage of assessed valuation taxable 1A 136 

What city to be temporary or permanent county seat, 

qualifications IB 136 

COUNTY SEAT, REMOVAL OF. Sec. 2, 2851-2859. 

Certified copy of result to secretary of state 2857 139 

Constitutional provision 2 137 

County seat may be removed from time to time 2859 139 

Election conducted how 2853 138 

Number votes necessary to remove 2855 139 

Petition, comparing and testing 2852 138 

Petition for special election 2852 138 

Place chosen to be county seat when 2856 139 

Procedure to remove county seat 2851 137 

Publication of result 2855 139 

Second election not to be held within four years 2858 139 

Statement of result and notice transmitted 2857 139 

Voter to vote, how 2854 139 

CRIMES AGAINST ELECTIVE FRANCHISE. Sec. 8124- 

8175. 

Acts shall apply, when 8167 265 

Adding to or subtracting from votes given 8132 256 

Aiding or abetting, felony 8133 257 

Attempting to vote without being qualified 8127 256 

Betting on elections 8144-8170 259 

Blanks for statement, provided by whom 8164 264 

Bribery, who deemed guilty 8169 265 

Bribing members of legislative caucus 8141 259 

Changing ballots or altering returns 8129 256 

Clerk may require correct statement 8161 264 

Clerk to receipt for statement 8165 264 

Communicating offer of appointment 8140 258 

Contributions to political committees 8151 261 

Electioneering unlawful 8136 257 

Expenses of candidate, paid by another 8147 260 



INDEX 28» 

Crimes Against Elective Franchise — (Sec. 8124-8175) — Continued. 

Sec. Page 

Expenses of candidate, lawful 8150 260 

Fines paid into school funds 8174 269 

Forging or altering returns 8131 256 

Fraudulent registration, a felony 8125 255 

Fraudulent voting a felony 8126 255 

Furnishing money for electors 8138 258 

Illegal voting, procedure 8128 256 

Indirect payments not allowed 8156 263 

Intimidating, corrupting, deceiving or defrauding 

electors 8134 257 

Judges, misdemeanor of 8130 256 

Judges unfolding or marking tickets 8130 256 

Jurisdiction of courts 8159 263 

Misdemeanors 8138 258 

Offenses at polling place 8137 257 

Offenses under the election laws 8135 257 

Offer to appoint to office unlawful 8139 258 

Payment of money to political committees 8149 260 

Penalties for violation 8168 265 

Promise of appointment, unlawful 8148 260 

Political committee defined 8152 261 

Prosecution of witness exemption 8160 264 

Public inspection of report 8163 264 

Public meetings of electors, preventing 8142 259 

Public meetings, disturbance of 8143 259 

Selling liquor on election day 8146 259 

Solicitation of money prohibited 8157 263 

Statement by other persons 8155 262 

of disbursements by treasurer 8154 262 

of treasurer, filed where 8158 263 

to be made under oath 8162 264 

of expenses of candidate 8153 261 

Treating on election day 8171 267 

Undue influence 8172 268 

Unlawful acts of employers 8173 268 

Violation of election laws by certain officers a felony.. 8124 255 

Violation of act voids election 8175 269 

Violation of election laws, penalty 8145 259 

Vouchers for expenses 8166 265 

DIRECT PRIMARIES. See Primaries. 

DISTRICT COURTS. See Judicial Districts. 

DROUTH VICTIMS (See County Bond Issues.) 

ELECTION PRECINCTS. Sec. 497-499. 

Designation of election place 497 27 

Failure to designate election place, procedure 498 27 

Indian reservation, no election to be held on 499 27 



2S6 INDEX 

Election Precincts — (Sec. 497-499) — Continued. 

Sec. Page 
ELECTION PROCLAMATIONS, Code Provisions. Sec. 

452-455. 

Contents of governor's proclamation 453 24 

County commissioners to issue proclamation 455 25 

Posting governor's proclamation 454 25 

Time of issuing proclamation 452 24 

ELECTORS OF PRESIDENT AND VICE PRESIDENT. 
See Presidential Electors. 

ELECTION RETURNS, AN ACT TO FACILITATE PUB- 
LICATION. Sec. 1-4. 

County clerk to furnish forms for election returns 1 101 

Duty of judges after votes are counted 2 101 

Posting one blank at polling place 3 101 

Must send one to county clerk 3 101 

Penalty if judge or other officer fails to comply with 

provisions of act 4 101 

FREE PUBLIC LIBRARIES. See Libraries. 

GOVERNMENT OF CITIES. See Cities, Government of. 

GOVERNMENT OF COUNTIES. See Counties, Govern- 
ment of. 

HIGHWAYS. See Special Road District Election. 

HIGH SCHOOL (See Schools.) 

INITIATIVE AND REFERENDUM. Sec. 1, 106-115. 

Amendment to constitution 1 168 

Ballot, form of Ill 173 

Binding of pamphlets ...; 112 173 

Calculating number of voters, basis for 1 168 

Canvass of votes 113 174 

Certifying measures by secretary of state 110 172 

Code provisions : 106-115 169 

County clerk's certificate verifying signatures 108 170 

County clerk, duty of 112 173 

County clerk to print number and title of measure 110 172 

County clerk to retain petition how long 108 170 

Designation of initiative measures 110 172 

Distribution of pamphlets 112 173 

Election, time of 1 168 

Enacting clause 1 168 

False signatures, penalty 114 175 

Form of petition for referendum 106 169 

Governor's proclamation published, when 109 172 

Manner of voting Ill 173 

Notary's certificate 108 170 

Pamphlets paid for by whom 112 173 

Paper to be used on cover of measures 112 173 

People may propose, enact or reject laws, how 1 168 



INDEX 287 

Initiative and Referendum — (Sec. 1, 106-115) — Continued. 

Sec. Page 

Per cent of voters required to propose law 1 168 

Per cent of voters required to refer law 1 168 

Petitions for initiative, filed when 1 168 

Petition for initiative, form of 107 170 

Printing of ballots 110 172 

Referred bills not effective until when 115 175 

Referred measure in effect, when 1 168 

Referendum petitions filed when 1 168 

Secretary of state, duty of 112 173 

Secretary of state to notify governor 109 172 

Secretary of state to verify signatures of notaries 108 170 

Size of pamphlet, type, etc., used in pamphlet 112 173 

Title of measure to be what 110 172 

Who may furnish literature for distribution 112 173 

Wrongfully signing petitions 106 169 

INITIATIVE AND REFERENDUM, CITIES AND TOWNS. 

Sec. 3266-3276. 

Ballots and canvassing votes 3273 179 

Clerk to notify mayor 3273 179 

Defendant in suit 3266 175 

District court decision final 3266 175 

Electors may demand submission of ordinance 3269 178 

Emergency ordinances, effective when 3268 178 

Form of petitions and proceedings 3275 179 

Mayor to issue proclamation 3272 178 

Measure to be submitted when 3270 178 

Measure to take effect when 3273 179 

Ordinances proposed, how 3266 175 

Ordinance voted on when 3267 177 

Petition filed with clerk 3266 175 

Procedure after decision of court 3266 175 

Provisions not to apply to what 3276 179 

Qualification of electors 3274 179 

Special election may be ordered 3271 178 

Suit brought by whom for what purpose 3266 175 

JUDGES OF DISTRICT COURT. Sec. 16, 6264-6269. 

Computation of years of office 6268 117 

Number of judges in district court 6264 117 

Qualification of 16 117 

Term of office 6267 117 

Vacancy in office, how filled 6269 117 

JUDGES OF DISTRICT COURT, TERM OF OFFICE. 
(See Counties, Government of.) 

JUDGES OF ELECTION, Code Provisions. Sec. 500-513... 120 

Appointment in new precincts 502 28 

Appointment of judges of election 500 28 

Ballot boxes, county to furnish 510 29 



288 INDEX 

Judges of Election, Code of Provisions.— (Sec. 500-513) — Continued. 

Sec. Page 

Ballot box, size of opening 511 30 

Ballot box, to be exhibited 512 30 

Canvass pouch for ballots may be used 510 29 

Clerks of election, how selected 505 2S 

Election notices, form 506 29 

Election notices, mailed to judges 506 29 

Election notices, posting of 507 29 

Instruction to voters 513 30 

Judges serve how long 505 28 

Notice of appointment 504 28 

Number of judges appointed 501 28 

Oath administered by whom 509 29 

Oath of judges and clerk 508 29 

Politics of judges 503 28 

JUDICIAL DISTRICTS. 

Counties comprising judicial districts of Montana list.. 114 

JUSTICES OP THE PEACE. Sec. 20, 6279-6284. 

Justices of the peace, two in each township 20 117 

Justice courts and justices 6279 117 

Terms of office , 6283 118 

Vacancies, how filled 6284 118 

JUSTICES OF THE SUPREME COURT. Sec. 6-10, 
6244-6246. 

Computation of years of office 6245 116 

Election of justices of supreme court, when 8 115 

Eligibility of candidate for supreme justice 10 116 

Justices, term of office 7 115 

Justices, election and term of office 6244 116 

Justices, how elected 6 115 

Vacancy to be filled, how 6246 116 

LEGISLATIVE DEPARTMENT (See Representatives, 
County.) 

LIBRARIES, FREE PUBLIC, Code Provisions. Sec. 
3488-3490. 

Establishing free library 3488 159 

Question submitted to electors 3489 160 

Tax to be levied 3488 159 

Votes necessary to establish 3490 160 

When library established 3490 160 

LOCAL OPTION. Sec. 2041-2049. 

Ballot, contents of 2043 155 

Contesting elections 2049 156 

Election, conduction of 2044 156 

Election held only once in two years 2046 156 

Election, how contested 2049 156 

Election to be ordered when 2041 155 



[NDEX 

Lex ai option (Sec. 2041-2049) Continued 

Misdemeanor 204* LS6 

No ■ 1( el Ion, publication of 166 

Penalty for violation 2< 166 

Publication of election notlo 2042 155 

Selling liquors prohibited when 2046 i"' ,- > 

Belling liquors, unlawful when . -'<>i7 i".<"> 

inSCBLLANBOUS PROVISIONS OP CODES. See. 466-460. 

Commissioners to have blanks prepared 460 26 

Compensation of election officers 459 26 

No fees for registering 458 25 

Number of votes to elect 456 25 

11 books, ballots, and supplies must be furnished 

by county commissioners 460 26 

Tie vote, procedure 4;»7 25 

NEW COUNTIES. See Counties. 

1CERS AND ELECTIONS (See Cities and Towns- 
Page 160.) 

OPENING AND CLOSING OF POLLS, Code Provisions. 
Sec. 514-516. 

Judges announce opening and closing of polls 615 

Polls must open when 

Proclamation at closing of polls 

POLL BOOKS. Code Provisions. Sec. 517-520. 

Clerk to send poll books how and when 

Form of poll book 

Judge's certificate 

Poll books furnished by county 

Want of form not to vitiate 



PRESIDENTIAL ELECTORS. Sec. 626-636. 

Account of expenses of electors, how audited and paid 

Compensation of electors 635 

Duty of governor 

Electors, how and when chosen 

Meeting of electors 

Must make lists of persons voted for 

Result to be transmitted, how 

Returns, how made 

Separate ballots for president and vice-president 

Vacancies, how filled 

Voting by electors and returns 

PRIMARIES, DIRECT. Sec. 1-38 and 3A-3C. 

Abstracts of votes, made by whom 

Aggrieved person may apply to district court 

Authority over primary elections „.. 

Ballot boxes, delivery to whom after election 

Bribery, penalty 



515 


31 


514 


31 


516 


31 


518 


31 


519 


31 


519 


32 


517 


31 


520 


32 


636 


110 


635 


no 


628 


109 


626 


109 


629 


109 


633 


110 


634 


110 


627 


109 


632 


109 


630 


109 


631 


109 


23 


50 


26 


52 


4 


41 


7 


44 


35 


56 



290 



INDEX 



Primaries, Direct — (Sec- 1-38 and 3A-3C) — Continued. 

Sec. Page 

Candidate guilty of wrongful act, penalty 33 55 

Candidates' names printed under party designations.... 8 44 

Canvass of returns 23 50 

Canvass of votes 6 43 

Central committees, county and city, ljow selected 32 54 

Central committees, powers and duties 32 54 

Certificate to accompany tally sheets 6 43 

City clerk, duty 4 41 

Compensating judges and clerks of election 23 50 

Construction of law 1 38 

Contest, how tried 31 53 

Contest, notice of 28 53 

service of notice of 29 53 

statutes applicable 30 53 

Correction of error 25 52 

Counting of ballots 5 42 

County clerks, arrangement of names and information 

on ballot 18 49 

County clerk, duty 3 39 

County clerk, duty of after canvass of votes 24 51 

County clerk shall mail notices of election 3 39 

Destroying ballots and stubs, when and how 15 48 

Disposition of poll books, etc., final, time held 15 48 

District court, hearing and determining contest 29 53 

Duty of judges regarding posting primary nominat- 
ing election notices 3 40 

Election clerk may telegraph returns 26 52 

Elector may sign more than one petition 11 46 

Expense of printing, charge upon whom 19 49 

Piling of nominating petitions, state, district, county 

and city 9 45 

Forging name to nomination paper, penalty 37 56 

Form of primary nominating election 3 40 

Governor to issue proclamation 24 51 

Judges, duty to sign tally sheet and returns 6 43 

Late returns, messenger may be sent 26 52 

Law applicable to cities and towns 4 41 

Laws applicable 38 56 

Mandamus proceedings in district court 25 52 

Misconduct by officer or judge, penalty 27 53 

Municipal elections excepted from this act 4 41 

Nominating petitions, filing of 9 45 

Nominating petition, form 10 45 

Nominating petition, time for filing 13 47 

Nominations, how made 8 44 

Notice of death or withdrawal 16 48 

Notice of primary elections 3 40 

Number of signers required on nominating petition 11 46 

Officers of primary election, shall be whom 4 41 



INDEX 291 

Primaries, Direct — (Sec- 1-38 and 3A-3C) — Continued. 

Sec. Page 

Party challengers to be appointed, number 3B 57 

Penalty for committing any offense against election 

laws 36 56 

Percentage of electors required on nominating petition 11 46 
Petitions for placing names of candidates on ballot, 

filed when 4 41 

Platforms of party 34 55 

Poll books and tally sheets, disposition after election.. 7 44 

Posting results of primary 6 43 

Printing of poll books, ballots, etc 19 49 

Register of candidates for nomination, kept by whom.. , 14 48 

Registers of nomination open for public inspection 14 48 

Returns, clerk may telegraph 26 52 

Returns, sealing and certifying 5 42 

Sample ballots, specifications and number printed 21 50 

Sealing of ballot boxes 7 44 

Secretary of state, duty after canvass of returns 24 51 

may send messenger after late returns 26 52 

Secretary of state shall arrange names and informa- 
tion on ballot, when 17 49 

to transmit copy of ballot to county clerk 17 49 

Signers of nominating petition, qualifications of 12 47 

Tally sheets, form and specifications 6 42 

Tally sheets furnished by county clerk 6 42 

Tie vote, procedure 23 50 

Time for holding primaries 2 38 

Time of holding primary elections in relation to mu- 
nicipal elections 4 41 

Unlawful to sign another's name to nominating peti- 
tion 11 46 

Vacancy filled how 16 48 

Voter must indicate party ballot he desires 3A 57 

Withdrawal of nominee, time limit 3C 57 

Original sections of direct primary law — 2, 3, 10, 16, 
21 and 32. 

Amended sections appear in proper order — {page) 
58-62. 

Original Sections 20 and 22, repealed by Chap. 28, 
Laics 1919— Page 62-63. 

PRIMARY ELECTIONS, Code Provisions. Sec. 533-540. 

Bribery unlawful 539 37 

Challenges 537 36 

Challenged party may vote, when 537 36 

olerk, selection of 536 36 

Faise answers, penalty 537 37 

Fraudulent vote, unlawful for judge to receive 538 37 

Interfering with elector, unlawful 539 37 

Judges, how selected, powers and duties 535 36 

Miscount unlawful 538 37 

Oath given to challenge elector 537 37 



292 INDEX 

Primary Elections, Code Provisions — (Sec 533-540) — Continued. 

Sec. Page 

Penalties for violation of act 540 37 

Qualification of electors 533 36 

Who not entitled to vote 534 36 

PRIMARIES, PREFERENTIAL, FOR PRESIDENT AND 
VICE PRESIDENT. 

Campaign books 5 108 

Campaign book, elector opposing right to space 5 108 

Campaign book, no charge for president or vice presi- 
dent 6 108 

Campaign books, number of pages allowed 5 108 

Campaign book, who has right to space 6 108 

Candidates not to sign own petition 2 106 

Candidates, number of for presidential elector 3 107 

Canvassing votes, manner of 2 106 

Delegate's election certified to 4 107 

Elector may vote for only one person for each office.... 3 107 

Expenses of delegates, how paid and amount 4 107 

Manner of voting 2 106 

Names printed on ballots 2 106 

Number of signatures required on nominating petition 3 107 

Oath of delegate 4 107 

Party delegates, how elected 3 107 

Party delegates, governor granting certificates 3 107 

Qualifications of voter 2 106 

Time of holding election 1 106 

QUESTIONS FOR ELECTION (See Candidates and Ques- 
tions.) 

QUALIFICATIONS AND DISABILITIES OF ELECTORS. 
Sec. 461-469. 

Elections, how held 461 26 

Exempt from military duty 465 26 

Idiot or insane person may not vote 466 27 

Privilege from arrest, exceptions 464 26 

Qualifications of voters 462 26 

Residence (See Sec. 24, Registration of Electors.) 

Taxpayers defined 469 27 

Voter must be citizen of United States 462 26 

Who may not vote 462 26 

Women may vote at school elections 467 27 

Women taxpayers, vote when 468 27 

REGISTRATION OF ELECTORS. Sec. 1-38. 

Affidavit of challenge filed when and how 23 18 

Affidavit of voter on registry card 7 10 

Applicant to register, not qualified, procedure 12 13 

Attempting to vote after being rejected, a misdemeanor 34 22 

Boundaries of election precincts 2 9 

Cancellation of registry cards for failure to vote 15 15 



[NDEX 



293 



Registration of Electors — (Sec. 1-38) — Continued. 

Sec. Page 

Cancellation of registry cards, reasons for 20 17 

Cancellation of registry cards when voter leai 

county — 1 1 15 

Card index of registered voters 7 10 

Certificate, Of number of voters registered, to sect' 

tary of siate 16 ! 

Certificates of naturalization presented to whom 25 20 

Challenges at registration 23 18 

Challenges, duty of judges 23 L9 

Challenging elector at primary election, procedure 34 22 

Change of boundaries of election precincts 3 9 

Change of residence 24 19 

Change of residence from county to county 14 14 

Change of residence, procedure 13 13 

City council to certify ward boundaries 4 9 

City council to prepare map 6 9 

City registrar, whom 4 9 

Close of registration 16 15 

Comparing list of electors by county clerk 15 15 

Compelling county clerk to make and enter name on 

precinct register procedure 27 21 

Compensation of clerks, city and town 21 18 

Compensation of county clerks for registration 21 18 

County clerk, deputy, authority of 30 22 

County clerk to be ex-officio county registrar 1 8 

County clerk to furnish lists of registered voters 

to whom 17 16 

County clerk to furnish copies of precinct register 22 18 

County commissioners change boundaries and certify.. 3 9 

Deputy county clerk, authority of 30 22 

Deputy registrar, power, duty and qualifications 10 12 

Designation of election precincts 3 a 

"Election," defined 32 22 

Election precinct, territorial limit 2 9 

"Elector," defined 31 22 

Elector, how to register when living more than ten 

miles from county registrar's office 9 12 

Elector must sign precinct book 26 20 

Elector, qualification of, to register 8 11 

Elector unable to register account physical inability... 9 12 

Elector unable to sign precinct book 26 20 

Erroneous omission of name from poll book, remedy.... 29 21 

Expenses of registration paid by whom 36 23 

Felony, violating statute 35 22 

Hours for registration 11 12 

Indian reservations, persons residing on, not residents 24 19 

Judges mark precinct book when elector has voted 26 20 

Judges to return freeholder's affidavit to county clerk 26 21 

Map of city wards 6 9 



294 



INDEX 



Registration of Electors — (Sec. 1-38) — Continued. 

Sec. 

Map of county election precincts 5 

Military reservations, persons residing on, not resi- 
dents 24 

Name on register prima facie evidence of right to vote 28 
Naturalization certificates lost or destroyed, ques- 
tions to be asked 25 

Naturalization papers, affidavit, when lost or de- 
stroyed 7 

Naturalization papers, certificate of, presented to 

whom 25 

Naturalization papers, exhibition of 12 

Notaries and justices of peace, deputy registrars 10 

Oath, administering to challenged elector 34 

Omission of name from poll book erroneously, remedy 29 

Penalties for violation of registration act 33 

Poll book, arrangement and preparation 18 

Posting of lists of registered voters 17 

Precinct book, procedure when elector unable to sign.. 26 

Precinct register, fees for furnishing 22 

Precincts including more than one county 18 

Publication of notice of close of registration 16 

Registrar, county clerk to be ex-officio 1 

Registration books, papers, etc., who shall be cus- 
todian 1 

Registration of electors when registry closed 19 

Registration of infirm elector 9 

Registry card 7 

cards, clerks to fill out from book 11 

book 7 

cards, keeping each precinct separate 11 

cards, numbered consecutively 11 

Residence, change of procedure 13 

Residence, gained or lost 24 

Signatures, county clerk to compare, when 13 

Soldiers, seamen, residence not lost 24 

Stationery, printing and postage supplied and paid 

by whom 36 

Term of residence 24 

Violation of act a felony 23 

Violation of statute a felony 35 

Voter, proving identity 28 

Ward boundaries certified by whom 4 

When entitled to vote, name must be on copy of pre- 
cinct register 28 

Who entitled to register 8 

REGISTRATION OP WAR SERVICE CITIZENS. Sec. 1-3. 

Affidavit to be filed if name does not appear on 

poll books 3 

Automatic re-registration by county clerk 2 

Soldiers, sailors and others retain all rights 1 



Page 
9 

19 
21 

20 

11 

20 
13 
12 
22 
21 

16 
16 
21 
18 
17 
16 
8 

8 

17 

12 

10 
13 
9 
13 
12 

13 

19 

14 

19 

23 
20 
18 
22 
21 
9 

21 
11 



23 
23 
23 



Registration of Wax Barrio* Cll (Sec. 1-8) — Continued. 

Page 
RELIEF TO DROUTH STRICKEN FARMERS (8 
County Bond buraee.) 

RBPRBE riVKS i\ C< H 3S B I U 

:tiiicates of election leaned by governor 
Election, when held 
orne, how made 

REPRESENTATIVES, COUNTY. Sec. 1-2, 2-3. 

Aii" rtlonment 

Qualification ol 

Senators 

Term of office 



641 


111 




110 


640 


111 


12 


112 


' 


112 




112 


1 


112 



REPRESENTATIVE DISTRICTS. Sec. 1-2 113 

ROAD DISTRICT LAWS (See Page 160.) 

HOOLS, COUNTY HIGH. Sec. 2100-2116. 

Apportionment of trustees 2103 230 

Bonds, legalized 2115 

Bonds, question of issuing submitted to people 2109 231 

Canvass of returns 2103 230 

Election to be called by whom 21 229 

Establishment county higli school 2100 

Form of ballot 2102 

Limit to amount of bonds 2109 

Nomination of places considered 2109 231 

Petition required 2101 229 

Publication of notice 2101 

Tax levy to be made 2109 231 

Tie vote, calling new election 2103 230 

Validation of prior acts 2113-2114 232 

Votes necessary 2103 230 

S-'lIOOL DISTRICT BONDS. Sec. 2015-2016. 

Bonds, form of 2016 235 

Bonds, how issued, election, limit of 2015 234 

Form of ballots 2016 235 

Manner of holding election 2016 235 

Registration of bonds 2016 235 

Restraining action on bond issue, when 1 236 

SCHOOL DISTRICTS, CONSOLIDATION OF. Sec. 407. 

Election for consolidation 407 216 

.Method of consolidating districts 407 216 

Order of procedure 407 216 

SCHOOL DISTRICTS, RURAL. Sec. 1-9, 1600, 2015. 

Apportionment of funds of old district 9 

Apportionment of indebtedness between districts 7 

Apportionment of money raised by taxation 5 g21 

Bonds, form and canvassing of 5 221 



296 INDEX 

School Districts, Rural— (Sec. 1-9, 1600, 2015)— Continued. 

Sec. Page 

Bonds, notice of election 5 221 

Clerk to post notices of election, when 2015 226 

Commissioners' duty regarding elections 3 218 

Defining terms 1 217 

District to be a unit for what purpose 2 217 

Elections, form and use of ballots, judges 4 219 

Elections, time and manner of 3 218 

Form of notice of bond election 2015 226 

Funds or indebtedness, to belong to what 6 223 

Manner of holding election, form of ballots 2016 228 

May be dissolved, when and how 9 225 

Names of candidates posted, when and where 4 219 

Nomination of candidates, filing of petition 4 219 

Notices of election 4 219 

Petition for adoption of unit system 3 218 

School house site, location and requirements 1600 225 

Second class districts, valuation and indebtedness 7 223 

Second class districts created, when and from what.... 7 223 

Sub-district, sub-division, defined 1 217 

Trustee of district, failure to attend meetings 8 224 

Trustees, appointment and term of office 3 218 

election, qualifications and term of office 4 219 

elected from where 2 217 

to issue bonds, for what 2015 226 

to submit question to electors, when 2015 226 

SCHOOL HOUSE SITES (See School Districts, Rural.) 

SCHOOL DISTRICTS, LEVY OF TAXES IN EXCESS 
OF 10 MILLS. Sec. 1-5. 

Additional levy may be made for what purpose 1 233 

Ballot for submitting question of additional levy, form 4 233 

Challenge of voters, proceedings 4 233 

Money raised from additional levy may be used for 

what purpose 3 233 

Notice of election to submit question of additional 

levy 2 233 

Oaths to be administered 5 234 

Result of special levy, election to be certified to 

county commissioners 4 233 

SCHOOL TRUSTEES, ELECTION OF. Sec. 500-502. 

Challenge, oath of challenged voter 11 215 

Conduct of election 502 211 

District clerk, duty of 502 211 

Election certificate of judges 4 213 

Election, notice of 2 212 

Expense of election paid how 12 216 

First class districts 3 212 

Form of ballots 5 213 

Judges of school election 4 213 



INDEX 



291 



School Trustees, Election of— (Sec. 400-502)— Continued 

Sec. 

Method of Dominating :: 

Number of trusters elected 601 

();ith »f trustee 6 

Polls open and close when 3 

Qualifications of candidate tor trustee 500 

Qualifications of electors 10 

Second class districts 502 

Terms of office, arrangement of 9 

Terms of trustees 5 

Third class districts 502 

Time of election 502 

Trustee may be removed, how 7 

Vacancy, how filled 6 

Vacancy in office of clerk, how filled 8 

SEED GRAIN LAW. Sec. 1, 2, 5-9, 37. 

Ballots, form of 9 

County commissioners to purchase seed grain 1 

Election conducted how 7 

Petition for aid, form and number of signatures 1 

Question of increased indebtedness, submitted to 

electors 5 

Special election called, when 6 

Time fixed for board meeting 2 

Validity of election 37 

Who entitled to aid 1 

Who entitled to vote 8 

SENATORS, STATE. 

Qualifications of 3 

Term of office 2 

SPECIAL ROAD DISTRICT, ELECTION. Sec. 13-16. 

Challenge of voter 14 

Increased tax levy for highways and bridges 1-4 

Judges of, who shall act 15 

Judges, duties of 16 

Notice of, to be given and posted 13 

Oaths to be administered 14 

TAX LEVY INCREASE (See Cities and Towns, Indebt- 
edness.) 

TIME OF HOLDING ELECTIONS, Code Provisions. 

General elections 450 

Special elections 451 

UNITED STATES SENATORS. Sec. 637-638. 

Election held when 637 

Vacancy occurring, how filled 638 



Page 
212 

I'll 
214 
213 

I'll 
2 1 5 
211 
2 1 5 
214 
I'll 
I'll 
215 
214 
215 



154 
152 
154 
152 

153 
153 
152 
155 
152 
154 



112 
112 



151 
142 
151 
152 
150 
151 



24 
24 



110 
110 



29S INDEX 

Sec. Page 
VOTING MACHINES. Sec. 609-625. 

Additional judge 613 75 

Ballot labels, printing of 615 76 

Blanks, tally sheets, etc., furnished by whom 619 79 

Board to employ mechanics 6Q9 73 

Bonds issued to buy machines 612 75 

Certificate attached to return sheet 619 79 

Certifying to condition of machine 615 76 

Construction of machine shall not disclose how voter 

votes 613 75 

Counting the votes, method 618 79 

Counties or cities may buy machines 611 74 

County and city clerks to set up machine 616 78 

Defective machines, procedure 625 82 

Diagram of machine to be published 615 76 

Diagram to each voter 615 76 

Duties of commissioners 609 73 

Election laws applicable 620 81 

Election returns, instruction to judges 619 79 

Expense of examination paid by whom 609 73 

Fraudulent returns by judge or clerk, penalty 624 82 

Instruction meeting called 613 75 

Irregular ballots, procedure 617 79 

Judge giving instruction must qualify 613 75 

Judges may assist persons unable to vote 614 76 

Judges to compare ballots 617 79 

Machines must meet approval of board 609 73 

Machine must permit voting split ticket 610 74 

Method of conducting election 613 75 

Neglect of duty, penalty 621 81 

Officials to provide what 615 76 

Payment for machines, how provided for 612 75 

Penalty for tampering with or injuring machines 622 81 

Poll books, none need be provided 615 76 

Presidential electors, method of voting for 615 76 

Return sheets printed how 619 79 

Specifications of machines required 610 74 

State board of commissioners 609 73 

Uniting precincts when voting machine is used 611 74 

Violation of laws by judges 623 81 

WOMEN'S SUFFRAGE AMENDMENT. See Constitu- 
tional Provisions. 



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