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Full text of "Election laws of the state of Montana, 1940"

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STATE DOCUMENTS 



ELECTION 
LAWS 



OF THE 



STATE OF MONT 



194 



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324.2 
S2E 
1940 
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rranged and Compiled from Revised 
Codes of Montana of 1935, as 
Amended by Laws of 
1937-1939 



Published by 

Sam W. Mitchell, Secretary of State 

Helena, Montana 

May, 1940 



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^Arranged and Compiled from Revised 

Codes of Montana of 1935, as 

Amended by Laws of 

1937-1939 



Published by 

Sam W. Mitchell, Secretary of State 

Helena, Montana 

May, 1940 



NAEGELE PRINTING CO.. HELENA. MONT 



Rl.RCTlON LAWS OF MONTANA 



Helena, Montana, 
May 15, 1940. 



To the Electors of the State of Montana: 



Under Section 807, Revised Codes of the State of Montana, 1935, 
"It is the duty of the Secretary of State to cause to be published, in 
pamphlet form, a sufficient number of copies of election laws, and such 
other provisions of law as bear upon the subject of elections, and to 
transmit the proper number to each County Clerk, whose duty it is to 
furnish each election officer in his county with one of such copies." In 
obedience to the above mandate, and that contained in Section 10778, 
I have caused to be prepared what is believed to be a complete com- 
pilation of all laws dealing with State, County, City and School District 
elections, found in the Revised Codes of 1935, as amended. 

SAM W. MITCHELL, 

Secretary of State. 




ELECTION LAWS OK MONTANA 



TABLE OF CONTENTS 

Page 

Abandonment of Counties 136 

Abolishment of County High Schools 115 

Absent Electors, Voting by 69 

Apportionment of House of Representatives 15 

Ballots, Preparation and Form 59 

Bonding Fire Districts in Unincorporated Towns 158 

Bond Issue and Tax Levy for Bridge Construction 144 

Bond Issue, Restrained 200 

Budget System, School Districts 99 

Canvass of Election Returns, Results and Certificates 84 

City and County Consolidated Government 189 

Cities and Towns, Officers and Elections 150 

Classification and Organization of Cities and Towns 148 

Commission form of Government for Cities 166 

Commission-Manager Plan of Government for Cities and Towns 175 

Conducting Elections, the Polls, Voting, and Challenges 65 

Consolidation of School Districts 99 

Constitutional Provisions 5 

Contesting Elections 91 

County Finances, Bonds and Warrants 141 

County Manager Form of Government 147 

Corrupt Practices Act 206 

Creation of Xew Counties by Petition and Election 126 

Direct Primary 45 

Disqualifications and Restrictions upon Residence of Officers 21 

Dissolution of Joint School Districts 100 

Duties of County Commissioners, Relative to Elections 141 

Election Frauds and Often--.--. 200 

Election Precincts 24 

Elections Relating to School Matters 94 

Election Returns 81 

Election Supplies 38 

Extra Taxation for School Purposes 108 

Failure of Elections, Proceedings on Tie Vote 86 

Free Public Libraries 154 

Government of Counties 145 

High School Code, Bond Issue for 114 

Hours at Which Polls for Special Elections Open 198 

Indebtedness of Cities and Towns, — Bonds 160 

Initiative and Referendum 16 

Initiative and Referendum in Cities and Towns 155 



ELECTION" LAWS OF .MONTANA 



TABLE OF CONTENTS 

Page 

Judges and Clerks of Election 37 

Judicial Districts 199 

Judicial Officers 199 

Junior Colleges 118 

Junior High School 116 

Justices of the Peace 200 

Location of County Seats 122 

Members of Congress, Election and Vacancies 91 

Municipal Contracts and Franchises 158 

Montana Beer Act 119 

Municipal Courts 158 

Nomination of Candidates 41 

Nonpartisan Nomination and Election of Judges of Supreme and 

District Courts 87 

Party Nomination by Direct Vote 45 

Publication of Measures Submitted to Popular Vote 23 

Presidential Electors and Delegates to National Conventions 57 

Presidential Electors, How Chosen — Duties 90 

Public Bridges, Bonds 1 19 

Question of Raising Money to Be Submitted to a Vote 144 

Registration of Electors 25 

Removal of County Seat 121 

Rural School Districts 100 

School House Sites and Construction 108 

Time of Holding Elections 22 

Voting by Absent Electors 69 

Voting Machines — Conduct of Election — When Used 75 



ELECTION LAWS OF MONTANA 



CONSTITUTION 

ARTICLE III 

A Declaration of Rights of the People of the State of Montana 

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

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

ARTICLE V 

Legislative Department 

Section 1. The legislative authority of the State shall be vested in a 
Legislative Assembly, consisting of a Senate and House of Representa- 
tives; but the people reserve to themselves power to propose laws, and to 
enact or reject the same at the polls, except as to laws relating to 
appropriations of money, and except as to laws for the submission of 
constitutional amendments, and except as to local or special laws, as 
enumerated in Article V, Section 26, of this Constitution, independent 
of the Legislative Assembly; and also reserve power, at their own 
option, to approve or reject at the polls, any Act of the Legislative 
Assembly, except as to laws necessary for the immediate preservation 
of the public peace, health, or safety, and 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 
petition; Provided, That two-fifths of the whole number of the counties 
of the State must each furnish as signers of said petition eight per cent, 
of the legal voters in such county, and every such petition shall include 
the full text of the measure so proposed. Initiative petitions shall be filed 
with the Secretary of State, not less than four months 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, pro- 
vided that two-fifths of the whole number of the counties of the State 
must each furnish as signers of said petition five per cent, of the legal 
voters in such county, or, by the Legislative Assembly as other bills 
are enacted. 

Referendum petitions shall be filed with the secretary of state, not 
later than six months after the final adjournment of the session of the 
Legislative Assembly which passed the bill on which the Referendum is 
demanded. The veto power of the Governor shall not extend to measures 
referred to the people by the Legislative Assembly or by Initiative Refer- 
endum petitions. 

All elections on measures referred to the people of the State shall be 
had at the biennial regular general election, except when the Legislative 
Assembly, by a majority vote, shall order a special election. Any meas- 
ure referred to the people shall still be in full force and effect unless 



6 ELECTION LAWS OF MONTANA 

such petition be signed by fifteen per cent, of the legal voters of a 
majority of the whole number of the counties of the State, in which 
case the law shall be inoperative until such time as it shall be passed 
upon at an election, and the result has been determined and declared as 
provided by law. The whole number of votes cast for Governor at the 
regular election last preceding the filing of any petition for the Initia- 
tive or Referendum shall be the basis on which the number of the legal 
petitions and orders for the Initiative and for the Referendum shall be 
filed with the Secretary of State; and in submitting the same to the 
people, he, and all other officers, shall be guided by the general laws 
and the act submitting this amendment, until legislation shall be espe- 
cially provided therefor. The enacting clause of every law originated by 
the Initiative shall be as follows: 

"Be it enacted by the people of Montana." 

This section shall not be construed to deprive any member of the 
Legislative Assembly of the right to introduce any measure. 

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

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

Section 4. The Legislative Assembly of this State, until otherwise 
provided by law, shall consist of sixteen members of the Senate, and 
fifty-five members of the House of Representatives. 

It shall be the duty of the first Legislative Assembly to divide the 
State into senatorial and representative districts, but there shall be no 
more than one Senator from each county. The Senators shall be divided 
into two classes. Those elected from odd-numbered districts shall con- 
stitute one class, and those elected from even-numbered districts shall 
constitute the other class; and when any additional Senator shall be 
provided for by law, his class shall be determined by lot. 

One-half of the Senators elected to the first Legislative Assembly 
shall hold office for one year, and the other half for three years; and 
it shall be determined by lot immediately after the organization of the 
Senate, whether the Senators from the odd or even-numbered districts 
shall hold for one or three years. 

Section 26. The Legislative Assembly shall not pass local or special 
laws in any of the following enumerated cases, that is to say: For 
granting divorces; laying out, opening, altering or working roads or 
highways; vacating roads, town plats, streets, alleys or public grounds; 
locating or changing county seats; regulating county or township af- 
fairs; regulating the practice in courts of justice; regulating the juris- 
diction and duties of justices of the peace, police magistrates or con- 
stables; changing the rules of evidence in any trial or inquiry; providing 
for changes of venue in civil or criminal cases; declaring any person of 
age; for limitation of civil actions, or giving effect to informal or in- 
valid deeds; summoning or impaneling grand or petit juries; providing 
for the management of common schools; regulating the rate of interest 
on money; the opening or conducting of any election or designating the 
place of voting; the sale or mortgage of real estate belonging to minors 



EMOCTION LAWS OF MONTANA 7 

or others under disability; chartering or licensing ferries or bridges or 
toll roads; chartering banks, insurance companies and loan and trust 
companies; remitting fines, penalties or forfeitures; creating, increas- 
ing or decreasing fees, percentages or allowances of public officers; 
changing the laws of descent; granting to any corporation, association or 
individual the right to lay down railroad tracks, or any special or 
exclusive privilege, immunity or franchise whatever; for the punishment 
of crimes; changing the names of persons or places; for the assessment 
or collection of taxes; affecting estates of deceased persons, minors or 
others under legal disabilities; extending the time for the collection of 
taxes; refunding money paid into the state treasury; relinquishing or 
extinguishing in whole or in part the indebtedness, liability or obligation 
of any corporation or person to this State, or to any municipal corpora- 
tion therein; exempting property from taxation; restoring to citizenship 
persons convicted of infamous crimes; authorizing the creating, exten- 
sion or impairing of liens; creating offices, or prescribing the powers or 
duties of officers in counties, cities, townships, or school districts; or 
authorizing the adoption or legitimation of children. In all other cases 
where a general law can be made applicable, no special law shall be 
enacted. 

Section 45. When vacancies, caused by death, occur in either house 
of the Legislative Assembly, such vacancies shall be filled by appointment 
by the Board of County Commissioners of the county from which such 
vacancy occurs. All vacancies occurring from any other cause shall be 
filled by election upon proclamation of the Governor. 

ARTICLE VI 

Appointment and Representation 

Section 1. One Representative in the Congress of the United States 
shall be elected from the state at large, the first Tuesday in October, 
1889, and thereafter at such times and places, and in such manner as 
may be prescribed by law. When a new appointment shall be made 
by Congress the Legislative Assembly shall divide the State into 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 session next following such enumera- 
tion, and also at the session next following an enumeration made by 
the authority of the United States, shall revise and adjust the appor- 
tionment for Representatives on the basis of such enumeration accord- 
ing 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 compact as may be. No county shall be divided in the 
formation of Representative Districts. 

Section 4. Whenever new counties are created, each of said coun- 
ties shall be entitled to one Senator, but in no case shall a Senatorial 
District consist of more than one county. 

ARTICLE VII 

Executive Department 

Section 1. The Executive Department shall consist of a Governor, 
Lieutenant-Governor, Secretary of State, Attorney General, State Treas- 
urer, State Auditor and Superintendent of Public Instruction, each of 
whom shall hold his office for four years, or until his successor is elected 



8 ELECTION LAWS OP MONTANA 

and qualified, beginning on the first Monday of January next succeed- 
ing his election, except that the terms of office of those who are elected 
at the first election, shall begin when the state shall be admitted into 
the Union, and shall end on the first Monday of January, A. D. 
1893. The officers of the Executive Department, excepting the Lieutenant- 
Governor, shall during their terms of office reside at the seat of govern- 
ment, where they shall keep the public records, books and papers. They 
shall perform such duties as are prescribed in this Constitution and by 
the laws of the State. The State Treasurer shall not be eligible to his office 
for the succeeding term. 

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

Section 3. No person shall be eligible to the office of Governor, 
Lieutenant-Governor, or Superintendent of Public Instruction, unless he 
shall have attained the age of thirty years at the time of his election, 
nor to the office of Secretary of State, State Auditor, or State Treasurer, 
unless he shall have attained the age of twenty-five years, nor to the 
office of Attorney-General unless he shall have attained the age of thirty 
years, and have been admitted to practice in the Supreme Court of the 
State, or Territory of Montana, and be in good standing at the time of his 
election. In addition to the qualifications above prescribed, each of the 
officers named shall be a citizen of the United States, and have resided 
within the State or Territory two years next preceding his election. 

ARTICLE VIII 

Judicial Departments 

Section 6. The Justices of the Supreme Court shall be elected by the 
electors of the State at large, as hereinbefore provided. 

Section 7. The term of office of the Justices of the Supreme Court, 
except as in this Constitution otherwise provided, shall be six years. 

Section 8. There shall be elected at the first general election, pro- 
vided 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 thou- 
sand eight hundred ninety-two (1892), and one of the Associate Justices 
to hold office until the general election in the year one thousand eight 
hundred ninety-four (1894), and the other Associate Justice to hold his 
office until the general election in the year one thousand eight hundred 
ninety-six (1896), and each shall hold until his successor is elected and 
qualified. The terms of office of said Justices and which one shall be 
Chief Justice, shall at the first and all subsequent elections be designated 
by ballot. After said first election one Chief Justice or one Associate 
Justice shall be elected at the general election every two years, com- 
mencing in the year one thousand eight hundred ninety-two (1892), and if 
the Legislative Assembly shall increase the number of Justices to five, the 
first terms of office of such additional Justices shall be fixed by law in 
such manner that at least one of the five Justices shall be elected every 



ELECTION LAWS OF MONT A N \ 9 

two years. The Chief Justice shall preside at all sessions of the Supreme 
Court, and in case of his absence, the Associate Justice having the shortest 
term to serve shall preside in his stead. 

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

Section 10. No person shall be eligible to the office of Justice of the 
Supreme Court, unless he shall have been admitted to practice law in 
the Supreme Court of the Territory or State of Montana, be at least 
thirty years of age, and a citizen of the United States, nor unless he shall 
have resided in said Territory or State at least two years next preceding 
his election. 

District Courts 

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

Section 13. Until otherwise provided by law judicial districts of the 
State shall be constituted as follows: First District, Lewis and Clark 
county; Second District, Silver Bow county; Third District, Deer Lodge 
county; Fourth District, Missoula county; Fifth District, Beaverhead, 
Jefferson and Madison counties; Sixth District, Gallatin, Park and Meagher 
counties; Seventh District, Yellowstone, Custer and Dawson counties; 
Eighth District, Choteau, Cascade and Fergus counties. 

Section 18. There shall be a clerk of the District Court in each 
county, who shall be elected by the electors of his county. The Clerk 
shall be elected at the same time and for the same term as the District 
Judge. The duties and compensation of the said Clerk shall be as pro- 
vided by law. 

County Attorneys 

Section 19. There shall be elected at the general election in each 
county of the State one County Attorney, whose qualifications shall be 
the same as are required for a Judge of the District Court, except that 
he must be over twenty-one years of age, but need not be twenty-five 
years of age, and whose term of office shall be two years, except that 
the County Attorneys first elected shall hold their offices until the general 
election in the year one thousand eight hundred and ninety-two (1892), 
and until their successors are elected and qualified. He shall have a 
salary to be fixed by law, one-half of which shall be paid by the State, 
and the other half by the county for which he is elected, and he shall 
perform such duties as may be required by law. 

Justices of the Peace 

Section 20. There shall be elected in each organized township of 
each county by the electors of such township at least two Justices of 
the Peace, who shall hold their offices, except as otherwise provided in 
this Constitution, for the term of two years. Justices' courts shall have 
such original jurisdiction within their respective counties as may be 



10 ELECTION LAWS OF MONTANA 

prescribed by law, except as in this Constitution otherwise provided; 
Provided, That they shall not have jurisdiction in any case where the 
debt, damage, claim or value of the property involved exceeds the sum 
of three hundred dollars. 

Section 34. Vacancies in the office of Justice of the Supreme Court, 
or Judge of the District Court, or Clerk of the Supreme Court, shall be 
filled by appointment, by the Governor of the State, and vacancies in 
the offices of County Attorney, Clerk of the District Court, and Justices of 
the Peace, shall be filled by appointment, by the Board of County Com- 
missioners of the county where such vacancy occurs. A person appointed 
to fill any such vacancy shall hold his office until the next general 
election and until his successor is elected and qualified. A person elected 
to fill a vacancy shall hold office until the expiration of the term for 
which the person he succeeds was elected. 

ARTICLE IX 

Rights of Suffrage and Qualifications to Hold Office 

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 entitled to vote at all 
general elections and for all officers that now are, or hereafter may be, 
elective by the people, and, except as hereinafter provided, upon all ques- 
tions which may be submitted to the vote of the people or electors: First, 
he shall be a citizen of the United States; second, he shall have resided 
in this State one year immediately preceding the election at which he 
offers to vote, and in the town, county or precinct such time as may be 
prescribed by law. If the question submitted concerns the creation of 
any levy, debt or liability, the person, in addition to possessing the 
qualifications above mentioned, must also be a taxpayer whose name 
appears upon the last preceding completed assessment roll, in order to 
entitle him to vote upon such question. Provided, first, that no person 
convicted of felony shall have the right to vote unless he has been 
pardoned or restored to citizenship by the Governor; provided, second, 
that nothing herein contained shall be construed to deprive any person 
of the right to vote who has such right at the time of the adoption of this 
Constitution; provided, that after the expiration of five } r ears from the 
time of the adoption of this Constitution, no person 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 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 almshouse or other asylum at the public expense, nor 
while confined in any public prison. 

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

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

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

Section 7. No person shall be elected or appointed to any office in 
this State, civil or military, who is not a citizen of the United States. 



ELECTION LAWS OF MONTANA 11 

and who shall not have resided in this State at least one year next 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. All persons possessing the qualifications for suffrage 
prescribed by Section 2 of this Article as amended and such other quali- 
fications as the Legislative Assembly may by law prescribe, shall be 
eligible to hold the office of County Superintendent of Schools or any 
other school district office. 

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 
offices and offices hereafter created. 

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

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

ARTICLE XI 

Education 

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

ARTICLE XIII 

Public Indebtedness 

Section 5. No county shall be allowed to become indebted in any 
manner, or for any purpose, to an amount, including existing indebted- 
ness, 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 county shall incur any 
indebtedness or liability for any single purpose to an amount exceeding 
ten thousand dollars ($10,000) without the approval of a majority of 
the electors thereof, voting at an election to be provided by law. 

Section 6. No city, town, township or school district shall be al- 
lowed to become indebted in any manner or for any purpose to an 
amount, including existing indebtedness, in the aggregate exceeding 
three (3) per centum of the value of the taxable property therein, to be 
ascertained by the last assessment for State and county taxes previous 
to the incurring of such indebtedness, and all bonds or obligations in 
excess of such amount given by or on behalf of such city, town, town- 
ship or school district shall be void; Provided, however, That the Legisla- 
tive Assembly may extend the limit mentioned in this section, by author- 



12 ELECTION LAWS OF MONTANA 

izing municipal corporations to submit the question to a vote of the 
taxpayers affected thereby, when such increase is necessary to construct 
a sewerage system or to procure a supply of water for such munici- 
pality which shall own and control said water supply and devote the 
revenues derived therefrom to the payment of the debt. 

ARTICLE XVI 
Municipal Corporations and Officers 

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 proposi- 
tion shall be submitted oftener than once in four years. 

Section 4. In each county there shall be elected three County Com- 
missioners, whose term of office shall be six years; provided that each 
county in the State of Montana shall be divided into three Commissioner 
Districts, to be designated as Commissioner Districts, numbers one, two 
and three, respectively. 

The Board of County Commissioners shall in every county in the 
State of Montana, at their regular session, on the first Monday in 
May, 1929, or as soon thereafter as convenient or possible, not exceed- 
ing sixty days thereafter, meet and by and under the direction of the 
District Court Judge or Judges of said county, divide their respective 
counties into three Commissioner Districts as compact and equal in 
population and area as possible, and number them respectively, one, 
two and three, and when such division has been made, there shall be 
filed in the office of the County Clerk and Recorder of such county, a 
certificate designating the metes and bounds of the boundary lines and 
limits of each of said Commissioners Districts, which certificate shall be 
signed by said Judge or Judges; provided, also that at the first regular 
session of any newly organized and created county, the said Board of 
County Commissioners, by and under the direction of the District Court 
Judge or Judges of said county, shall divide such new county into Com- 
missioner Districts as herein provided. 

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

That the Board of County Commissioners by and under the direction 
of the District Court Judge or Judges of said county, for the purpose 
of equalizing in population and area such Commissioner Districts, may 
change the boundaries of any or all of the Commissioner Districts in 
their respective county, by filing in the office of the County Clerk and 
Recorder of such county, a certificate signed by said Judge or Judges 
designating by metes and bounds the boundary lines of each of said 
Commissioner Districts as changed, and such change in any or all the 
districts in such county, shall become effective from and after filing of 



EI,i:< TION LAWS OF MONTANA 13 

such certificate; provided, however, that the boundaries of no Commis- 
sioner District shall at any time be changed in such a manner as to 
affect the term of office of any County Commissioner who has been 
elected, and whose term of office has not expired; and provided, further, 
that no change in the boundaries of any Commissioner District shall be 
made within six months next preceding a general election. 

At the general election to be held in 1930, and thereafter at each 
general election, the member or members of the Board to be elected, 
shall be selected from the residents and electors of the district or districts 
in which the vacancy occurs, but the election of such member or mem- 
bers of the Board shall be submitted to the entire electorate of the 
county, provided, however, that no one shall be elected as a member of 
said Board, who has not resided in said district for at least two years 
next preceding the time when he shall become a candidate for said office. 

When a vacancy occurs in the Board of County Commissioners the 
Judge or Judges of the Judicial District in which the vacancy occurs, 
shall appoint someone residing in such Commissioner District where the 
vacancy occurs, to fill the office until the next general election when a 
Commissioner shall be elected to fill the unexpired term. 

"Section 5. There shall be elected in each county the following county 
officers who shall possess the qualifications for suffrage prescribed^ by 
Section 2 of Article IX of this Constitution and such other qualifications 
as may be prescribed by law: 

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

Section 6. The Legislative Assembly may provide for the election 
or appointment of such other county, township, precinct and municipal 
officers as public convenience may require and their terms of office shall 
be as prescribed by law, not in any case to exceed two years, except as 
in this Constitution otherwise provided. 

Section 7. The Legislative Assembly may, by general or special law, 
provide any plan, kind, manner or form of municipal government for 
counties, or counties and cities and towns, or cities and towns, and 
whenever deemed necessary or advisable, may abolish city or town gov- 
ernment and unite, consolidate or merge cities and towns and county 
under one municipal government, and any limitations in this Constitu- 



14 EL.ECTIOIV LAWS OF MONTANA 

tion notwithstanding, may designate the name, fix and prescribe the 
number, designation, terms, qualifications, method of appointment, elec- 
tion or removal of the officers thereof, define their duties and fix 
penalties for the violation thereof, and fix and define boundaries of the 
territory so governed, and may provide for the discontinuance of such 
form of government when deemed advisable; Provided, however, that 
no form of government permitted in this section shall be adopted or 
discontinued until after it is submitted to the qualified electors in the 
territory affected and by them approved. 

ARTICLE XIX 

Miscellaneous Subjects and Future Amendments 

Section 8. The Legislative Assembly may at any time, by a vote ot 
two-thirds of the members elected to each house, submit to the electors 
of the State the question whether there shall be a convention to revise, 
alter, or amend this Constitution; and if a majority of those voting on 
the question shall declare in favor of such convention, the Legislative 
Assembly shall at its next session provide for the calling thereof. The 
number of members of the convention shall be the same as that of the 
House of Representatives, and they shall be elected in the same manner, 
at the same place, and in the same districts. The Legislative Assembly 
shall in the Act calling the convention designate the day, hour and place 
of its meeting, fix the pay of its members and officers, and provide for 
the payment of the same, together with the necessary expenses of the 
convention. Before proceeding, the members shall take an oath to support 
the Constitution of the United States and of the State of Montana, and 
to faithfully discharge their duties as members of the convention. The 
qualifications of members shall be the same as of the members of the 
Senate, and vacancies occurring shall be filled in the manner provided 
for filling vacancies in the Legislative Assembly. Said convention shall 
meet within three months after such election and prepare such revisions, 
alterations or amendments to the Constitution as may be deemed neces- 
sary, which shall be submitted to the electors for their ratification or 
rejection at an election appointed by the convention for that purpose, 
not less than two nor more than six months after the adjournment thereof; 
and unless so submitted and approved by a majority of the electors 
voting at the election, no such revision, alteration or amendment shall 
take effect. 



EI.K< TIO\ LAWS OF MONTANA 15 

Revised Codes of Montana, 1935, As Amended 

APPORTIONMENT OF MEMBERSHIP OF THE HOUSE 
(Constitutional Provisions, Art. V and VI— See pages 7-9) 

Section 44. That after the expiration of the Seventeenth Legislative 
Assembly of Montana, the membership of the House of Representatives 
of all Legislative Assemblies of Montana shall be apportioned amongst, 
and to the several counties of the State, upon and according to the official 
Federal census enumeration of the inhabitants of the several counties of 
Montana had, as taken by authority of law in the year 1920, and upon 
the ratio of one Representative, or member, therein from each county; 
for each six thousand (6,000) persons in such county, or fractional part 
thereof in excess of three thousand (3,000) persons; provided, each county 
now created, shall be entitled to at least one member. 

Section 45. 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 

Broadwater County One member 

Blaine County Two members 

Carbon County Three members 

Carter County One member 

Cascade County Six members 

Chouteau County Two members 

Custer County Two members 

Daniels County One member 

Dawson County Two 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 

Golden Valley County One member 

Granite County One member 

Hill County Two members 

Jefferson County One member 

Judith Basin County One member 

Lake County One member 

Lewis and Clark County Three members 

Liberty County One member 

Lincoln County One member 

Madison County One member 

McCone County One member 

Meagher County One member 

Mineral County One member 

Missoula County Four members 

Musselshell County One member 

Park County Two members 

Petroleum County One member 

Phillips County Two members 

Pondera County One member 

Powder River County One member 



16 ELECTION LAWS OF MONTANA 

Powell County One member 

Prairie County One member 

Ravalli County Two members 

Richland County One member 

Rosebud County One member 

Roosevelt County Two members 

Sanders County One member 

Sheridan County Two members 

Silver Bow County Ten members 

Stillwater County One member 

Sweet Grass County One member 

Teton County One member 

Toole County One member 

Treasure County One member 

Valley County Two members 

Wheatland County One member 

Wibaux County One member 

Yellowstone County Five members 

(As amended, Chapter 144, Laws of 1939.) 

Section 46. Whenever a new county is created it shall have and be 
entitled to one member of the House of Representatives until otherwise 
apportioned. 

Section 47. Whenever a new county is created, it shall be attached 
to and become a part of the representative district, embracing the county 
from which the largest area included in the new county has been taken. 

Section 48. All that portion of the State of Montana 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 con- 
stitute the First Congressional District of the State; and that all that 
portion of the State of Montana lying east of the east boundary of Flat- 
head, Lewis and Clark, Broadwater, and Gallatin counties, to-wit: the 
counties of Hill, Blaine, Phillips, Valley, Sheridan, Dawson, Wibaux, 
Prairie, Richland, Fergus, Chouteau, Cascade, Meagher, Musselshell, Rose- 
bud, Custer, Fallon, Big Horn, Carbon, Yellowstone, Stillwater, Sweet 
Grass, Park, Toole, and Teton, shall constitute the Second Congressional 
District of the State. 

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

INITIATIVE AND REFERENDUM 

(Constitutional Provisions Art. V. Sec. 1 — page 5.) 

Section 99. The following shall be substantially the form of petition 
for the Referendum to the people on any act passed by the Legislative 
Assembly of the State of Montana: 

Warning 

Any person signing any name other than his own to this petition, 
or signing the same more than once for the same measure at one elec- 
tion, 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. 



ELECTION LAWS OF MONTAH \ 17 

Petition for Referendum 

To the Honorable , Secretary of State for the 

State of Montana: 

We, the undersigned citizens and legal voters of the State of Mon- 
tana, respectfully order that Senate (House) Bill Number entitled 

(title of act), passed by the Legislative Assembly 

of the State of Montana, at the regular (special) session of said Legis- 
lative Assembly, shall be referred to the people of the State for their 
approval or rejection, at the regular, general, or special election to be 

held on the day of , 19 , 

and each for himself says: I have personally signed this petition; I am 
a legal voter of the State of Montana; and my residence, postoffice 
address, and voting precinct are correctly written after my name. 

Name Residence 

Postoffice address 

If in city, street and number 

Voting precinct 

(Here follow numbered lines for signatures.) 

Section 100. The following 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 elec- 
tion, or who is not, at the time of signing the same, a legal voter of 
this State, is punishable by a fine not exceeding Five Hundred Dollars 
($500), or imprisonment in the penitentiary not exceeding two years, or 
by both such fine and imprisonment. 

Petition for Initiative 

To the Honorable , Secretary of State of 

the State of Montana: 

We, the undersigned legal voters of the State of Montana, respect- 
fully demand that the following proposed law shall be submitted to the 
legal electors of the State of Montana, for their approval or rejection, 

at the regular, general, or special election to be held on the 

day of , 19 , and each for himself says: 

I have personally signed this petition, and my residence, 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' signature shall be attached to a 
full and correct copy of the title and text of the measure so proposed 
by initiative petition; but such petition may be filed with the Secre- 
tary of State in numbered sections, for convenience in handling, and 
referendum petitions may be filed in sections in like manner. 

Section 101. The County Clerk of each county in which any such 
petitions shall be signed shall compare the signatures of the electors 
signing the same with their signatures on the registration books and 
blanks on file in his office, for the preceding general election, and shall 
thereupon attach to the sheets of said petition containing such signatures 
his certificate to the Secretary of State, substantially as follows: 



18 ELKCTION LAWS OF MONTANA 

State of Montana, County of ss. 

To the Honorable Secretary of State 

for Montana: 

I , County Clerk of the County of 

hereby certify that I have com- 
pared the signatures on (number of sheets) of the Referendum (Initia- 
tive) 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 signatures), are genuine. As to the remainder of the sig- 
natures thereon, I believe that they are not genuine, for the reason that 

; and I further certify 

that the following names 

( ) do not appear on the registration books 

and blanks in my office. 

(Signed:) 

(Seal of Office) County Clerk. 

By , 

Deputy 



Every such certificate shall be prima facie evidence of the facts stated 
therein, and of the qualifications of the electors whose signatures are 
thus certified to be genuine, and the Secretary of State shall consider and 
count only such signatures on such petitions as shall be so certified by 
said County Clerks to be genuine; provided, that the Secretary of State 
may consider and count such of the remaining signatures as may be proved 
to be genuine, and that the parties so signing were legally qualified to 
sign such petitions, and the official certificate of a Notary Public of the 
county in which tbe signer resides shall be required as to the fact for 
each of such last-named signatures: and the Secretary of State shall 
further compare and verify the official signatures and seals of all Notaries 
so certifying with their signatures and seals filed in his office. Such 
Notaries' certificate shall be substantially in the following form: 

State of Montana, 

[ss. 
County of ) 

I, , a duly qualified and acting 

Notary Public in and for the above-named county and State, do hereby 
certify: that I am personally acquainted with each of the following 
named electors whose signatures are affixed to the annexed petition, and 
I know of my own knowledge that they are legal voters of the State of 
Montana, and of the county and precincts written after their several 
names in the annexed petition, and that their residence and postoffice 
address is correctly stated therein, to-wit: (Names of such electors.) 

In testimony whereof, I have hereunto set my hand and official seal 
this day of , 19 



Notary Public, in and for County, 

State of Montana. 

The County Clerk shall not retain in his possession any such pe- 
tition, or any part thereof, for a longer period than two days for the 
first two hundred signatures thereon, and one additional day for each 
two hundred additional signatures, or fraction thereof, on the sheets 
presented to him, and at the expiration of such time he shall forward 
the same to the Secretary of State, with his certificate attached thereto, 
as above provided. The forms herein given are not mandatory, and if 



ELECTION LAWS OK MONTAN \ 19 

substantially followed in any petition, it shall be sufficient, disregarding 
clerical and merely technical errors. 

Section 102. Immediately upon the riling of any such petition for 
the Referendum or the Initiative with the Secretary of State, signed by 
the number of voters and hied within the time required by the Consti- 
tution, he shall notify the Governor in writing of the filing of such 
petition, and the Governor shall forthwith issue his proclamation, an- 
nouncing that such petition has been filed, with a brief statement of its 
tenor and effect. Said proclamation shall be published four times for 
four consecutive weeks in one daily or weekly paper in each county of 
the State of Montana. 

Section 103. The Secretary of State, at the same time that he fur- 
nishes to the County Clerks of the several counties certified copies of the 
names of the candidates for office, shall also furnish the said County 
Clerks his certified copy of the titles and numbers of the various meas- 
ures to be voted upon at the ensuing general or special election, and he 
shall use for each measure a title designated for the purpose by the 
Legislative Assembly, committee, or organization presenting and filing 
with him the act, or petition for the Initiative or Referendum, or in the 
petition or act; provided, that such title shall in no case exceed one 
hundred words, and shall not resemble any such title previously filed 
for any measure to be submitted at that election which shall be descrip- 
tive of said measure, and he shall number such measures. All measures 
shall be numbered with consecutive numbers beginning with the num- 
ber immediately following that on the last measure filed in the office 
of the Secretary of State. The affirmative and negative of each measure 
shall bear the same number, and no two measures shall be numbered 
alike. It shall be the duty of the several County Clerks to print said titles 
and numbers on the official ballot prescribed by Section 678, in the 
numerical order in which the measures have been certified to them by the 
Secretary of State. Measures proposed by the initiative shall be designated 
and distinguished from measures proposed by the Legislative Assembly 
by the heading "Proposed Petition for Initiative." 

All constitutional amendments submitted to the qualified electors of 
the State shall likewise be placed upon the official ballot prescribed by 
said Section 678 and no such amendment shall hereafter be submitted 
on a separate ballot. Nothing herein contained shall be deemed to change 
the existing laws of the State regulating in other respects the manner of 
submitting such proposed amendments. 

"Section 104. The manner of voting on measures submitted to the 
people shall be by marking the ballot with a cross in or on the diagram 
opposite and to the left of the proposition for which the voter desires 
to vote. The form of ballot to be used on measures submitted to the 
people shall be submitted to and determined by the Attorney General of 
the State of Montana. The following is a sample ballot representing 
negative vote: 



□ 




For Initiative Measure No. 6 
Relating to Duties of Sheriffs. 

Against Said Measure No. 6 
For Referendum Measure No. 7 
Relating to Purchase of Insane Asylum. 



Against Said Measure No. 7." 
As amended by Chapter 18, Laws of 1937. 



□ 




20 EUECTION LAWS OF MONTANA 

Section 105. The Secretary of State shall furnish a copy of each 
of the proposed measures to be submitted to the people to, and make 
requisition on, the State Purchasing Agent for the printing, and delivery 
to him of all proposed Initiative and Referendum measures to be sub- 
mitted to a vote of the people. 

The State Purchasing Agent, shall, not later than the first Monday 
of the third month next before any general or special election, at which 
any proposed law is to be submitted to the people, cause to be printed 
a true copy of the title and text of each measure to be submitted, with 
the number and form in which the question will be printed on a separate 
official ballot. It shall be the duty of the State Purchasing Agent to call 
for bids, and contract with the lowest responsible bidder for the printing 
of the proposed law to be submitted to the people. 

The proposed law to be submitted shall be printed in news type, each 
page to be six inches wide by nine inches long, and when such proposed 
measure constitutes less than six pages, it shall be printed flat and for- 
warded to the County Clerk and Recorder of each of the several counties 
in that form. 

When the proposed measure constitutes more than six pages, said 
measure shall be printed in pamphlet form, securely stapled, without 
cover. No proposed measure, hereafter, to be submitted to the people 
of the State, as provided for in this section shall be bound. The quality 
of the paper to be used for the proposed measure shall be left to dis- 
cretion of the State Purchasing Agent. The number of said proposed 
measures to be printed shall be five per cent (5%) more than the num- 
ber of registered voters, as shown by the registration lists of the several 
counties of the State at the last preceding general election. 

The Secretary of State shall distribute to each County Clerk before 
the second Monday in the third month next preceding such regular gen- 
eral election, a sufficient number of said pamphlets to furnish one copy 
to every voter in his county. And each County Clerk shall be required 
to mail to each registered voter in each of the several counties in the 
State at least one copy of the same within thirty (30) days from the 
date of his receipt of the same from the Secretary of State. The mail- 
ing of said pamphlets to electors shall be a part of the official duty 
of the County Clerk of each of the several counties, and his official 
compensation shall be full compensation for this additional service. 

Section 106. The votes on measures and questions shall be counted, 
canvassed, and returned by the regular board 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 meas- 
ures shall be returned to the Secretary of State on separate abstract 
sheets in the manner provided by Sections 801 and 802 of this code for 
abstracts 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 Governor 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 measures as are approved by a majority 
of those voting thereon to be in full force and effect as the law of the 
State of Montana from the date of said proclamation, designating such 
measures by their titles. 

Section 107. 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, 



ELECTION LAWS OP MOM AN v 21 

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 exceed- 
ing Five Hundred Dollars, or by imprisonment in the penitentiary not 
exceeding two years, or by both such fine and imprisonment, in the 
discretion of the court before which such conviction shall be had. 

Section 108. A bill passed by the Legislative Assembly and referred 
to popular vote at the next general election, or at a special election, shall 
not be in effect until it is approved at such general or special election by 
a majority of those voting for and against it. 

(Note — See also title, "Initiative and Referendum in Government of 
Cities and Towns.") 

DISQUALIFICATIONS AND RESTRICTIONS UPON 
RESIDENCE OF OFFICERS 

Section 410. No person is capable of holding a civil office in this 
State, who at the time of his election or appointment is not of the age 
of twenty-one years and a citizen of this State. 

CHAPTER 116 

An Act Providing That Any Elective or Appointive Officer of or for 
the State of Montana, or Any District or County Thereof Who Be- 
comes a Candidate for Any Elective Office Except as a Bona Fide 
Candidate for Reelection to Any Office Then Occupied by Such 
Persons, Shall at or Before Filing for Said Elective Office as Re- 
quired by Law, Resign the Office, Appointment or Position Then 
Held; and Providing That the Office, Appointment, Position of Any 
Person Failing so to Resign Shall Become Vacant, and Giving Direc- 
tions With Reference to the Filling of Such Vacancies, and Provid- 
ing Exceptions Hereto, and Providing a Severance Clause, and for 
the Repeal of Any and All Acts, Statutes or Code Provisions Incon- 
sistent Herewith. 

Be it enacted by the Legislative Assembly of the State of Montana: 

Section 1. Whenever any person holding, occuping or discharging, 
de jure or de facto, the duties of any elective or appointive office of, or 
for, or under, or by virtue of the laws of the State of Montana, includ- 
ing the office of United States Senator for Montana and the office of 
Representative in Congress for any congressional district of Montana or 
of any county office or position, the term of which is longer than two (2) 
years, shall become a candidate for election to any elective office under 
the laws of/or in Montana aforesaid, such person shall forthwith and in 
any event at or before the time required for such person to file as a 
candidate for such office at any primary or special or general election, 
except where such person is a bona fide candidate for reelection to the 
identical office then held or occupied by him, resign said office, appoint- 
ment, place, position, and said resignation shall become effective forth- 
with on delivery of the same to the proper officer or superior, as the 
case ma3 r be, and in the event of failure so to resign said office, appoint- 
ment, place, position, as the case may be, the same shall, ipso facto, 
become wholly vacant and unoccupied, and said former holder or occu- 
pant shall have no further right, power or authority therein for any 
purposes, and no right to any emoluments thereof, notwithstanding the 
fact that a successor is not appointed or elected; and said vacancy shall 
become operative to deprive any person of the emoluments of any office, 
position, employment or place then held in order to carry out the policy 
of this act. 



22 ELECTION LAWS OF MONTANA 

Section 2. In all cases the proper appointing or other power shall 
promptly fill all vacancies occurring because of the provisions of this 
act, by appointment of qualified persons where permitted by law, pref- 
erence being given to qualified deputies or assistants then actually serv- 
ing in ther respective places, if otherwise competent, and by calling any 
elections requisite to fill such vacancies in cases where elections are now 
required by law. 

Section 3. This act shall not apply to any office, position or place, 
appointive or elective, the incumbent of which is prohibited by law (a) 
from succeeding himself in said office, position or place, or (b) the in- 
cumbent of which is prohibited by law from enjoying more than two (2) 
successive terms in said office, position or place, or (c) to any office, 
position or place for which there is no salary, per diem, fees or emolu- 
ments prescribed or accruing by law, or (d) to the office of State Rep- 
resentative, or to the office of State Senator, unless the candidacy of the 
incumbent for a different office may result in a vacancy in the office 
of State Senator, in which case the provisions of this act shall apply, or 
(e) to the incumbent of any office whose term of office expires within 
seventy (70) days after the ensuing general election. 

Section 4. This act shall be construed as a condition subsequent to 
the tenure or holding of any office, appointment, position or place under 
the State of Montana, as aforesaid; and it shall not be construed as im- 
posing or providing any additional qualifications for office in any case 
where such qualifications are now prescribed by the Constitution of the 
United States or the Constitution of Montana to the exclusion of the 
prescription of additional qualifications by the Legislative Assembly. 

Section 5. If any word, clause, sentence, paragraph or sections of 
this act is, or any one or more thereof in combination are, found un- 
constitutional, or if the provisipns hereof are not applicable to any of 
the offices, appointments, positions, or places named herein, for any 
reason, such finding shall not affect or alter the remainder of this act 
or any part thereof and the same shall stand as valid, the Legislative 
Assembly hereby declaring that it would have passed the remainder or 
residue not found unconstitutional or inapplicable in any event in its 
effort to insure the adoption of the principle hereof. 

Section 6. All acts and parts of acts, statutes and/or code pro- 
visions inconsistent herewith are, and each thereof is, hereby expressly 
repealed. 

Section 7. This act shall be in full force and effect, when approved, 
from and after July 1, 1937. 

Approved March 15, 1937. 

TIME OF HOLDING ELECTIONS 

Section 531. There must be held throughout the State, on the first 
Tuesday after the first Monday of November, in the year eighteen hun- 
dred and ninety-four, and in every second year thereafter, an election to 
be known as the general election. 

Section 532. Special elections are such as are held to supply vacan- 
cies in any office, and are held at such times as may be designated by 
the proper officer or authority. The Board of County Commissioners 
shall be authorized to call a special 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 LAWS OF MONTANA 23 



ELECTION PROCLAMATIONS 

Section 533. At least sixty days before a general election, and when- 
ever he orders a special election to fill a vacancy in the office of State 
Senator or Member of the House of Representatives, at least ten days 
before such special election, the Governor must issue an election procla- 
mation, 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 534. 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 Sections 10747 to 10772, of 
the Penal Code. Such rewards to be paid until the total amount here- 
after expended for such purpose reaches the sum of five thousand dollars." 

Section 535. 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 Commissioners, upon receipt of such proclamation, 
may in their discretion, 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 before such election. 

Section 536. Whenever a special election is ordered by the Board 
of County Commissioners, they must issue an election proclamation, 
containing the statement provided for in Subdivision 1 of Section 534, 
and must publish and post it in the same manner as proclamations issued 
by the governor. 

PUBLICATION OF QUESTIONS SUBMITTED TO 
POPULAR VOTE 

Section 537.1. Whenever a proposed constitutional amendment or 
amendments, are submitted to the people of the State for popular vote 
the Secretary of State shall cause the said proposed amendment or 
amendments to be published in full once a week in one newspaper in 
each county of the State if such there be, for three (3) months previous 
to the next general election for members to the Legislative Assemblj r . 
The cost of publication of said amendment, or amendments, shall be a 
proper charge against the State at the rate, as provided for in the 
statutes for state printing. 

Such publication shall not be had in more than one paper in any one 
county of the State. 

Section 538. Questions to be submitted to the people of the county 
or municipality must be advertised by publication in at least one news- 
paper within the county or municipality, once a week for two successive 
weeks, and one of such publications in such newspaper must be upon 
the last day upon which such newspaper is issued before the election. 



24 EJECTION LAWS OF MONTANA 

QUALIFICATIONS AND PRIVILEGES OF ELECTORS 

Section 539. All elections by the people shall be by ballot. 

Section 540. Every person of the age of twenty-one years or over, 
possessing the following qualifications, if his name is registered as re- 
quired by law, is entitled to vote at all general and special elections 
and for all officers that now are, or hereafter may be, elective by the 
people, and upon all questions which may be submitted to the vote of 
the people: First, he must be a citizen of the United States; second, he 
must have resided in the State one year and in the county thirty days 
immediately preceding the election at which he offers to vote. No per- 
son convicted of felony has the right to vote unless he has been pardoned. 
Nothing in this section contained shall be construed to deprive any person 
of the right to vote who had such right at the time of the adoption of 
the State Constitution. After the expiration of five years from the time 
of the adoption of the State Constitution, no person except citizens of 
the United States have a right to vote. 

Section 541. Electors must in all cases, except treason, felony, or 
breach of the peace, be privileged from arrest during their attendance at 
elections, and in going to and returning therefrom. 

Section 542. No elector is required to perform military duty on the 
days of election, except in times of war or public danger. 

Section 543. No idiot or insane person is entitled to vote at any 
election in this State. 

Section 544. 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. 

ELECTION PRECINCTS 

Section 545. The territorial unit for the conduct of elections 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 wards of incorporated cities of the first, second and third class 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 
and any precinct may be divided into two or more polling places. In 
towns, or municipal corporations other than the cities of the first, second 
and third class, election precincts may, however, include two or more 
wards, or may comprise the territory included by one or more wards, 
together with contiguous territory lying outside the said incorporated 
towns. 

Section 546. The Board of County Commissioners may change the 
boundaries of precincts and create new or consolidate established pre- 
cincts, 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, 
alterations, or modifications in precinct boundaries must be certified 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. 



EL.KCTION LAWS OF MONTANA 25 

Section 547. 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 548. 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 election 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 549. 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, with the ward boundaries clearly defined thereon. 

Section 550. 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 551. 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 552. 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. 

REGISTRATION OF ELECTORS 

Section 553. 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 provided with- 
out extra pay or compensation therefor. He shall have the custody of 
all registration books, cards, and papers therein 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. 

Section 554. The official register of electors in each county shall be 
contained in a book designated "register," which book shall be so ar- 
ranged in precincts and alphabetical divisions suitable to record the full 
and complete information 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 calen- 
dar stock, and shall be so perforated that all cards in any drawer may 
be fastened in by a rod passing through such perforations, which rod 
shall be kept locked except when the clerk shall be making necessary 
changes in the register. The registry book herein provided shall be in 
such form as shall be designated by the Secretary of State of the State 
of Montana. The registry card shall be substantially in the following 
form: 



26 



ELECTION LAWS OF MONTANA 

(FACE) 



STATE OF MONTANA, 
County of 



ss. 



Number Date 




Name 


Sex 


Where born Age 




Height 
Ft.-In. 


Occupation 


Naturalized when 






Where 


Residence Post Office 




Sec. 


Twp. Rg. 


Length of time in Precinct 


Ward 


School Dist. 


State 


Cour 


ity 


City 


Date cancelled Date 


registered 


Disability, if any 


Place where last registered 



STATE OF MONTANA, 
County of 



■ ss. 



, 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 speci- 
fied), and I am not registered elsewhere within the State of Montana 
and claim no right to vote elsewhere than in the precinct on this card 
specified, so help me God. 

Subscribed and sworn to before me this day of 

, 19 



County Clerk and Ex-Officio Registrar. 

By Deputy. 



AFFIDAVIT OF LOST NATURALIZATION PAPERS 
STATE OF MONTANA, 



, ss. 
County of. 

, 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 T have no certified copy 

thereof; I came to the United States in the year ; I was 

admitted to citizenship 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 



Sul scribed and sworn to before me this day of 

, 19 



County Clerk and Ex-Officio Registrar. 

By Deputy. 



ELECTION LAWS OF MONTANA 27 

Section 555. Any elector residing within the county may register 
by appearing before the County Clerk and exofficio Registrar and making 
correct answers to all questions propounded by the County Clerk touch- 
ing the items of information called for by such registry card, and by 
signing and verifying the affidavit or affidavits on the back of such card. 

If any person shall falsely personate another and procure the per- 
son so personated to be registered, or if any person shall represent his 
name to the County Clerk or to the registration clerk or to any other 
person qualified to register an elector, to be different from what it ac- 
tually is, and cause such name to be registered, or if any person shall 
cause any name to be placed upon the registry lists otherwise than in 
the manner provided in this act, he shall be guilty of a felony, and upon 
conviction be imprisoned in the state penitentiary for not less than one 
(1) year nor more than three (3) years. 

(As amended by Chapter 172, Laws of 1937.) 

Section 556. If any elector resides more than ten miles distant from 
the office of the County Clerk, he may register before the deputy registrar 
within the precinct where such elector 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 registra- 
tion 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; pro- 
vided, 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 expenses incurred by reason of the provisions of this section. 

Section 557. All Notaries Public and Justices of the Peace are desig- 
nated 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 Notaries Public and Justices 
of the Peace, for each precinct in the county. Such deputy registrar shall 
be a qualified, taxpaying 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 ten (10) cents for each elector 
registered by him. Each deputy registrar shall forward by mail, within 
two (2) days, all registration cards filled out by him to the County Clerk 
and Recorder. 

(As amended by Chapter 172, Laws of 1937.) 

Section 558. The office of the County Clerk shall be open for regis- 
tration of voters between the hours of nine a. m. and five p. m. on all 
days except legal holidays. Registry cards shall be numbered consecu- 
tively in the order of their receipt 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 hereby authorized to fill out from such registry books 
registry cards for all electors entitled to vote at the time of the passage 
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 by each 
such cards to vote in the same manner as if the card had been filled out, 



2S ELECTION LAWS OF MONTANA 

signed and verified by such elector. The County Clerk shall classify 
register cards according to the precincts in which the several electors 
reside, and shall arrange 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 herein provided, enter upon the official register of the county in 
the proper precinct the full information given by said elector. 

Section 559. If any applicant for registration applies to be regis- 
tered who has not resided within the State of Montana, 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 question of the County Clerk in a satisfactory manner, 
and it is made to appear to the County Clerk that he will be entitled to 
become a qualified elector by the date upon which the election is to be 
held, the County Clerk shall accept such registration. If any person 
applies to be registered who is not a citizen of the United States, but 
states that he will be qualified to be registered as a citizen of the United 
States before the date upon which the election is to be held, the County 
Clerk shall accept such registration, but shall place opposite the name of 
such person the words, "to be challenged for want of naturalization 
papers," and such person shall not be entitled to vote unless he exhibits 
to the judges of election his final naturalization papers. 

Section 560. 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 Pre- 
cinct 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 pre- 
cinct of my present residence. My registration number is 

Dated at , on the day of 

19 

Whenever it shall be more convenient for any elector residing out- 
side of an incorporated city or town to vote in another 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 days prior to any election, a request in writing in the follow- 
ing form: 

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. 



ELECTION LAWS OF MONTANA 29 

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 connected 
therewith, to the proper precinct in the register. 

Section 561. That in the case of all future registrations, as required 
by the election laws of the State of Montana, it shall be the duty of the 
clerk to question each person registering, and ascertain whether or not 
he has previously registered in the State of Montana. If the person 
desiring to register has previously registered, the County Clerk shall 
enter his name in a separate file for such purpose, which said file shall 
be indexed by counties. Cards for such purpose shall be substantially 
in the following form: 

NAME RESIDENCE 

BIRTHPLACE AGE 

PREVIOUS RESIDENCE 

(City) (County) 

In compliance with the election laws of the State of Montana, I 
am hereby submitting, for your information, the above named elector, 
who has, on , 19 , registered as a resi- 
dent entitled to vote in county, in 

order that his registration may be cancelled from the records in 

county, as provided by the election laws 

of the State of Montana. 

Signature of elector: 

Clerk and Recorder Ex- 
Officio Registrar 



County 

Immediately, and not later than three (3) days after the closing of 
the registration books, the Clerk shall forward the above forms to the 
Clerk in the county in which applicant previously voted, either by reg- 
istered mail or express, and receipt of delivery demanded, said receipt 
to be kept on file with other election records. 

Upon receiving such notice, it will be the duty of the Clerk to im- 
mediately cancel the registration of the elector in his county, being the 
county in which said elector previously voted. This must be done by 
drawing a red line through the elector's name in the register, and also 
through his name on the registration card. 

(As amended by Chapter 172, Laws of 1937.) 

Section 562. 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-books, 
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, or who voted by absent voters ballot, at such 
election, and shall mark each of said cards with the word "cancelled," 
and for such electors who voted by absent voters ballot, such electors 
registry cards shall also be stamped with the words "voted by absent 
voters ballot," 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, provided, however, that electors whose registry card bears the 
stamp "voted by absent voters ballot" may re-register only by personally 



30 ELECTION LAWS OF MONTANA 

appearing at the office of the county clerk or any deputy register for the 
purpose of re-registering, 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 or 
who voted by absent voters ballot at such election. 

Section 2. It is the intent of the legislature that Section 562 of the 
Revised Codes of Montana 1935, as amended by this act shall apply to 
the list of registered voters who voted, failed to vote, or voted by absent 
voters ballot at the general election held on the third day of November, 
1936. The County Clerk of each county shall compare the list of electors 
who 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 or who voted by absent 
voters ballot at such election, and shall mark the cards of voters who 
voted by absent voters ballot with the words "voted by absent voters 
ballot" in addition to the word "cancelled," and shall place such cards in 
the "cancelled file" provided to be kept by County Clerks for such pur- 
pose, and the names of electors whose registry cards bear the stamp 
"voted by absent voters ballot" shall not be replaced on the official 
register of qualified voters until such electors shall have re-registered as 
herein provided. 

(As amended by Chapter 147, Laws of 1937.) 

Section 566. The County Clerk shall close all registration 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 newspaper 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 ap- 
pearing 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 567. The County Clerk shall, at least 15 days preceding 
any municipal primary nominating election in towns and cities, and at 
least thirty days preceding any other 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, provided, that if the City Clerk of any 
city or town shall, in writing, certify to the County Clerk, not less than 
twenty-five days before the date fixed by law for the holding of any 
primary nominating election, that no petitions for nomination under 
the direct primary election law for any office to be filled at the next 
ensuing annual city election have been filed with such City or Town 
Clerk, not less than thirty days before the date fixed by law for the 
holding of the primary nominating election, then the County Clerk shall 
not cause to be printed or posted such list of registered electors for 
such citv or town. Such printed list of registered electors shall contain 



ELECTION LAWS OF MONTANA 31 

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 fifteen 
days before any municipal, primary nominating election, and not less 
than thirty days before any other election, as in this Act provided for, 
at least five copies of such printed registry list in at least five conspicuous 
places within said precinct, a copy of the list of registered voters herein 
provided for, and shall retain 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 district applying therefor a copy of the same, 
provided, that where the list herein provided for has been printed and 
posted for any primary election, the same may be used for the election 
proper, following a posting in connection therewith, at the time provided 
for in this section, a supplemental list giving the names of electors who 
may have registered after the first list was prepared. 

Section 568. During the time intervening between the closing 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 com- 
posed 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 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 districts 
of the first class, include more than one county precinct, 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 
570, provided that the requirements contained in the provisions of said 
section shall have been brought to the attention of the County Clerk 
not less than twenty days preceding the election. If the City Clerk of 
any city or town shall, in writing, certify to the County Clerk, not less 
than twenty-five days before the date fixed by law for the holding of 
any primary nominating election, that no petitions for nomination under 
the direct primary election law for any office to be filled at the next 
ensuing annual city election have been filed with such City Clerk, not 
less than thirty days before the date fixed by law for the holding of the 
primary nominating election, then the County Clerk shall not prepare 
for the city any poll-book or poll-books for that year. 

Section 569. Whenever the period during which the official reg- 
istry is closed preceding any election shall occur during the time within 
which any elector is entitled to register 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 570. The County Clerk must cancel any registry card in the 
following cases: 



32 ELECTION LAWS OF MONTANA 

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 cer- 
tificate of the death of any elector is filed in the names of vital statistics 
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 personal knowledge of the affiant, that any person registered 
does not reside or has removed from the place designated as the resi- 
dence of such elector. 

4. When the insanity of the elector is legally established. 

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 judgment of any 
court directing the cancellation to be made. 

7. Upon the cancellation of the registration of any elector as herein 
provided, the County Clerk shall immediately remove from the official 
register herein provided for the registry of voters and shall deface the 
name of such elector on the official register by drawing a line through 
said entry in red ink and the County Clerk shall mark the registry card 
of such elector across the face thereof in red ink with the word 'can- 
celled' and shall place such cancelled cards with the 'cancelled file,' as 
provided for in Section 562 

All persons whose names are so removed, except as provided in 
Section 1 of this Act, and stricken from the said registration books, card 
indexes, and register of electors, shall within forty-eight hours there- 
after, be notified by the County Clerk in writing of such removal, by 
sending a notice to such person to his or her postoffice address, as 
appearing on such registration books, card indexes, and register of 
electors. If any persons, whose names are so removed, can and do prove 
to the County Clerk that they are in fact citizens of the United States 
and otherwise qualified to vote, as provided by law of the State of 
Montana, then, and in that case, they shall be entitled to re-register 
as voters. 

(As amended by Chapter 172, Laws of 1937.) 

Section 571. The County Clerks shall receive, for the use and benefit 
of the county, from every city or town, or 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 Three ($.03) Cents for each and every 
name entered in such poll book, and in addition he shall receive in like 
manner the amount of actual expense incurred in printing and posting 
the lists of electors, and in publishing the notices 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 (30) days after the presentation of the account to them 
by said County Clerk, provided, however, that in event of the election of 
candidates at municipal primary elections, as provided for in 5377.1, and no 
general municipal election is required to be held, the County Clerk shall 
prepare no poll books for such general municipal election and shall make 
no charge therefor; provided further, that in elections of school districts 
of the first class if only as many candidates are nominated as there are 



ELECTION LAWS OF MONTANA 33 

vacancies to be tilled, the County Clerk shall furnish no poll books and 
make no charge therefor to such school district. 

It shall be the duty of the City Clerk or the Clerk of the school 
district to notify the County Clerk in such case as above mentioned, 
where no poll books are required, immediately after the facts become 
known to the City Council or the Board of Trustees of the school dis- 
trict, which makes unnecessary the furnishing of such poll books. 

Section 572. The County Clerk shall furnish to any person or per- 
sons who in writing may so request, a copy of the official precinct 
registers of any county, city or school district precinct, and upon de- 
livery thereof shall charge and collect for the use and benefit of the 
count}- the sum of five cents for each and every name entered in such 
official precinct register. 

Section 573. At any time not later than the tenth 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 ground of challenge, objection and dis- 
qualification. 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 such affidavits 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 qualification as an elector objec- 
tions 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 to and challenged applies to vote, to test, under oath, his 
qualifications. Notwithstanding the elector is registered, his right to 
vote may be challenged on the day of election by any qualified reg- 
istered 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 reg- 
istered 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 precinct registers furnished to the judges of election 
have endorsed thereon, opposite to the name of such elector, "to be 
challenged," to test the qualifications of the elector and ask any ques- 
tions 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 registers, 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, as they 
may deem necessary, and have them examined under oath as to the 
qualifications of the elector. 

Section 574. For the purpose of registration or voting, the place of 
residence of any person must be governed by the following rules as far 
as they are applicable: 

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. 



34 ELECTION LAWS OF MONTANA 

2. A person must not be held to have gained or lost a residence 
by reason of his presence or absence while employed in the service of 
the United States, or of this State, nor while a student at any insti- 
tution of learning, nor while kept at any almshouse or other asylum at 
the public expense, nor while confined in any public prison, nor while 
residing 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 in consequence of being 
stationed at any military or naval place within the same. No person 
shall be deemed to have acquired a residence in the State of Montana 
by reason of being employed or stationed at any United States Civilian 
Conservation Corps camp within the State of Montana or at any transient 
camp maintained for relief purposes by the Government of the United 
States within the State of Montana. 

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 exercised the right of the election franchise in said state or 
district. 

5. A person must not be considered to have gained a residence in 
any county into which he comes for temporary purposes merely with- 
out the intention of making such county his home. 

6. If a person removes to another state with the intention of mak- 
ing it his residence, he loses his residence in this State. 

7. If a person removes to another state with the intention of re- 
maining there for an indefinite time, and as a place of present residence, 
he loses his residence in this State, notwithstanding he entertains an 
intention of returning at some future period. 

8. The place where a man's family resides is presumed his place 
of residence, but any man who takes up or continues his abode with the 
intention of remaining, or a place other than where his family resides, 
must be regarded as a resident of the place where he so abides. 

9. A change of residence can only be made by the act of removal 
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 including the day 
of the election. 

Section 575. When a naturalized citizen applies for registration his 
certificate of naturalization, or a certified copy thereof, must be pro- 
duced 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 satisfactorily 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 cer- 
tificate of naturalization, or a certified copy thereof, is lost or destroyed, 
or beyond the reach of the applicant for the time being, said registry 
agent must register the name of said applicant, unless he is by law 
otherwise disqualified; but in case of failure to produce the certificate 
for 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 naturalization, or a 
certified copy thereof? 



ELECTION LAWS OF MONTANA 35 

Section 576. The judges of election in each precinct, at every 
general or special election, shall, in the precinct register book, which 
shall be certified to them by the County Clerk, mark a cross (X) upon 
the line opposite to the name of the elector, before any elector is per- 
mitted to vote the judges of election shall require the elector to sign 
his name upon one of the precinct register books, designated by the 
County Clerk for that purpose, and in a column reserved in the said 
precinct books for the signature of electors. If the elector is not able 
to sign his name he shall be required by the judges to produce two 
freeholders who shall make an affidavit before the judges of election, 
or one of them, in substantially the following form: 

STATE OF MONTANA, 1 

>ss. 
County of J 

We, the undersigned witnesses, do swear that our names and signa- 
tures 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 election, 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 unable 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 577. 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 plain- 
tiffs for cause of action and as many persons as there are causes of 
action against may be joined as defendants. 

Section 578. 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 appears 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 the person who was so 
registered in that name, the vote of such person shall not be received 
until he shall have proved his identity as the person who was registered 
in that name by the oath of two reputable freeholders within the pre- 
cinct in which such elector is registered. 

Section 579. Any elector whose name is erroneously omitted from 
any precinct poll-book may apply for and secure 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 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. 



36 ELECTION LAWS OF MONTANA 

Section 580. Whenever in this Act the word "County Clerk" ap- 
pears, it shall be construed as extending and giving authority to any 
regularly appointed Deputy Count}- Clerk. 

Section 581. 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 582. 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 583. 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, nor more than One Thousand Dollars, 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 removed from office. 

Section 584. If any person offering to vote at any primary election 
be challenged by a judge or any qualified elector at said election, as 
to his right to vote thereat, an oath, shall be administered to him by 
one of the judges that he will truly answer all questions touching his 
right to vote at such election, and if it appear that he is not a quali- 
fied 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 585. 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 encourage 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 neglect such duty, or shall wilfully perform it in such way as 
to hinder the objects and purposes of this Act. shall, excepting where 
some penalty is provided by the terms of this Act, be deemed guilty of 
a felony, and upon conviction thereof shall be punished by imprison- 
ment in the State prison for a period of not less than one year or 
more than fourteen years, and if such person be a public officer, shall 
also forfeit his office. 

Section 586. It shall be the duty of the Board of County Commis- 
sioners of each county to provide the County Clerk thereof with suf- 
ficient help to enable him to properly perform 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 172, Laws of 1937. 

Section 6. Any person who shall make false answers, either for him- 
self or another, or shall violate or attempt to violate any of the 
provisions of this Act, or knowingly encourage another to violate the 
same, or any public officer or officers, employees, deputies, or assist- 
ants, or other persons whomsoever, upon whom any duty is imposed by 



ELECTION LAWS OF MONTANA 37 

this Act, or any of its provisions, who shall neglect such duty, or muti- 
late, destroy, secrete, alter or change any such registry books, cards or 
records required, or shall perform it in such way as to hinder the objects 
and purposes of this Act, shall be deemed guilty of a felony, shall, upon 
conviction thereof, be punished by imprisonment in the state prison for 
a period of not less than one (1) year or more than ten (10) years, and 
if such person be a public officer, shall also forfeit his office, and never 
be qualified to hold public office, either elective or appointive, thereafter. 

JUDGES AND CLERKS OF ELECTION 

Section 587. The Board of County Commissioners of the several 
counties at the regular session next preceding a general election, must 
appoint five judges of election for each precinct in which the voters 
therein, by the last registration, were two hundred or more and three 
judges of election for each precinct in which such registration was less 
than two hundred, provided, that in all election precincts in which there 
were cast three hundred and fifty or more ballots in the last general 
election or in which the Board of County Commissioners believe that as 
many ballots as three hundred and fifty will be cast in the next general 
election, the Board of County Commissioners may appoint a second or 
additional board consisting of five judges for each such precinct, who 
shall possess the same qualifications as the first board herein mentioned. 
The judges constituting the second board for each precinct, if such 
second board shall have been appointed, shall meet at their respective 
polling places, as designated in the order appointing them at the time 
the polls are closed and at said hour or as soon as the first board has 
completed their duties in regard to the voting, the second board shall 
take charge of the ballot boxes containing the vallots and shall proceed 
to count and tabulate the ballots cast as they shall find them deposited 
in the ballot boxes. In the event that the count is not completed by 
eight o'clock A. M. of the next following day, the first board shall re- 
convene and relieve the second board and continue said count until 
eight o'clock P. M., when if the count is not yet completed, the second 
board shall reconvene and again relieve the first board, and so, alternately 
until said boards shall have fully completed the count and certified the 
returns. The judges constituting the several boards shall number the 
ballots and count the tallies upon the tally sheets and so indicate upon 
the tally sheets as to distinctly show the work of each board separately. 
The board completing the count shall make such certification of returns 
as is required by law. 

(As amended by Chapter 61, Laws of 1937.) 

Section 588. The Board of County Commissioners, notwithstanding 
the registration, may appoint five judges of each precinct in which upon 
information obtained by them they have reason to believe contains two 
hundred voters or more and three judges of election in precincts which 
upon information obtained by them, they have reason to believe was less 
than two hundred. 

Section 589. 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 590. In making the appointment of judges of election, not 
more than a majority of such judges must be appointed from any one 
political party for each precinct. 

Section 591. The compensation of members of boards of election 
including 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. 



38 ELECTION LAWS OF MONTANA 

Section 592. 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 post- 
office in any one or more of the precincts 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 593. 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 continue 
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 offices of judges of election in any precinct 
within their respective counties. 

Section 594. The clerks of the several Boards of County Commis- 
sioners must, at least thirty days before any general election, make 
and forward by mail to such judge or judges as are designated by the 
County Commissioners, three written notices for each precinct, said 
notices to be substantially as follows: 

Notice is hereby given that on the first Tuesday after the first 

Monday of November, 19 , at the house , in the county of 

, an election will be held for 

(naming the offices to be filled, including electors of President and 
Vice-President, a Representative in Congress, state, county and town- 
ship officers), and for the determination of the following questions (nam- 
ing them), the polls of which election will be open at 8 o'clock in the 
morning and continuing open until 6 o'clock in the afternoon of the 
same day. Dated this day of , A. D. 19 

Signed, A. B., Clerk of the Board of County Commissioners. 

Section 595. The judges to whom such notice is directed, as pro- 
vided 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 election is authorized to be held, and the others at the two 
most public and suitable places in the precinct. 

Section 596. Previous to votes being taken, the judges and clerks 
of election 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 597. Any member of the board, or either clerk thereof, may 
administer and certify oaths required to be administered during the 
progress of an election. 

ELECTION SUPPLIES 

Section 598. The Board of County Commissioners of each county 
must furnish for the several election precincts in each county poll-books 
after the forms hereinafter prescribed. 

Section 599. The clerk of the board must forward by mail, as a 
registered package, to one of the judges of election so appointed, in 
each precinct, at least ten days prior to any general election and five 



ELECTION LAWS OF MONTANA 



39 



days prior to any special election, two of such blank poll-books for the 
use of the judges of such precinct. 

Section 600. 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 Pre- 
cinct No , in the County of , in the State 

of Montana, on the day of , 19 , 

having first been severally sworn according to law, hereby certify that 
the foregoing is a true statement of the number and names of the per- 
sons 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., Votes 

C. D., Votes 




House of Representatives 
G. H., Votes 



Certified and Signed by Us. 



Clerks, 



Judges. 



Section 601. No poll-book or certificate returned from any election 
precinct must be set aside or rejected for want of form, nor on ac- 
count of its not being strictly in accordance with the directions of this 
chapter, if it can be satisfactorily understood. 

Section 602. The necessary printed blanks for poll-lists, tally lists, 
lists of electors, tickets, and returns, together with envelopes in which 
to enclose the returns, must be furnished by the Boards of County 
Commissioners to the officers of each election precinct at the expense 
of the county. 



40 ELECTION LAWS OF MONTANA 

Section 603. Before the opening of the polls, the County Clerk, or 
the City Clerk in the case of municipal elections, must deliver to the 
judges of election 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 election ballots as provided for in section 687 of this 
Code. He must also deliver to said judges a rubber or other stamp, 
with ink pad, for the purpose of stamping or designating the official 
ballots as hereinafter provided. Said stamp must contain the words 
"Official Ballot," the name or number of the election precinct, the name 
of the county, the date of election, and name and official designation of 
the clerk who furnishes the ballots. The judge of election to whom the 
stamps and ballots are given pursuant to this section must be the 
same person who may be designated by the commissioners to post the 
notices required by Section 594 of this Code. But in case it be imprac- 
ticable to deliver such stamps and ballots to such judge then they may 
be delivered to some other one of the judges of election. 

Section 604. There shall be provided at the expense of the county, 
for each polling precinct, a substantial ballot box or canvas pouch with 
a secure lock and key for the ballots and detached stubs as herein- 
after provided for. There shall be one opening and no more in such 
box or canvas pouch, of sufficient size to admit a single folded ballot. 
The adoption of the canvas pouch to be used instead of the ballot box, 
in any precinct, shall be optional with the commissioners of each county, 
but in such precincts where pouches are so adopted, the pouches shall 
be returned to the County Clerk together with the other election returns, 
as by law provided. 

Section 605. 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 606. Before receiving any ballots, the judges must, in the 
presence of any persons assembled at the polling place, open and ex- 
hibit 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 607. 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 electors in preparing their ballots. He must fur- 
nish six cards to the judges of election in each election precinct, and 
one additional card for each fifty registered electors, or fractional part 
thereof, in the precinct, at the same time and in the same manner as 
the printed ballots. The judges of election must post not less than one 
of such cards in each place or compartment provided for the prepa- 
ration of ballots, and not less than three of such cards elsewhere in 
and about polling places upon the day of election. Said cards must be 
printed in large, clear type, and must contain full instructions to the 
voters as to what should be done, viz.: 

1. To obtain ballots for voting. 

2. To prepare the ballots for deposit in the ballot boxes. 

3. To obtain a new ballot in the place of one spoiled by accident 
or mistake. Said card must also contain a copy of Sections 10753, 10757, 
10758, 10759, 10760, 10761, of the Penal Code. There must also be 
posted in each of the compartments, or booths, one of the official tickets, 
as provided in Sections 677 to 686, 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 41 

Section 608. In sending out election supplies to each precinct 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 elec- 
tion 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 blank. Brief instructions 
for the use of said blank, as contained in this Act, shall also be printed 
on said blank. 

Section 609. As soon as all of the ballots have been counted in any 
precinct, it shall be the duty of the election judges to correctly copy 
the total vote cast for each candidate and the total vote cast for and 
against each proposition on the blanks furnished by the County Clerk, 
as provided in the preceding section. 

Section 610. One of said blanks, properly filled out, shall be posted 
forthwith at the polling place; and one copy, correctly 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 carrying the official election returns, but the same shall not 
be enclosed or sealed with the other returns. 

Section 611. 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 conviction thereof shall be fined in 
any sum not exceeding Fifty Dollars. 

NOMINATION OF CANDIDATES FOR SPECIAL ELECTIONS BY 
CONVENTION OR PRIMARY MEETING OR BY ELECTORS 

Section 612. Any convention or primary meeting held for the pur- 
pose 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 meaning of this chapter is an organized assemblage of elec- 
tors or delegates representing a political party or principle. 

Section 613. All nominations made by such convention or primary 
meeting must be certified as follows: The certificate of nomination 
which must be in writing, must contain the name of each person nomi- 
nated, his residence, his business, his business address, and the office 
for which he is named, and must designate, in not more than five words, 
the party or principle which such convention or primary meeting rep- 
resents, and it must be signed by the presiding officer and secretary of 
such convention or primary meeting, who must add to their signatures 
their respective places of residence, their business, and business addresses. 
Such certificates must be delivered by the secretary or the president of 
such convention or primary meeting to the Secretary of the State or to 
the County Clerk, as in this chapter required. 

Section 614. 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. Cer- 
tificates 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 be represented by such joint member. 



42 ELECTION LAWS OP MONTANA 

Section 615. Candidates for public office may be nominated 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 information as is required to be given 
in certificates provided for in Section 613, 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 successful candidate for the 
same office at the next preceding election, whether the said candidate 
be State, county, township, municipal, or any other political division or 
subdivision of the 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 business ad- 
dress. Any such certificate may be filed as provided for in the next 
preceding section of this chapter, in the manner and with the same 
effect as a certificate of nomination made by a party convention or 
primary meeting. 

Section 616. 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. 

Section 617. The Secretary of State and the clerks of the several 
counties and of the several municipal corporations must cause to be 
preserved in their respective offices for one year all certificates of 
nomination filed under the provisions of this chapter. All such certifi- 
cates must be open to public inspection under proper regulations to be 
made by the officers with whom the same are filed. 

Section 618. Certificate of nomination to be filed with the Secre- 
tary of State must be filed not more than sixty (60) days and not less 
than thirty (30) days before the date 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 (60) days and not less than 
thirty (30) days before the election; certificates of the nomination of 
candidates for municipal offices must be filed with the clerks of the 
respective municipal corporations not more than thirty (30) days and 
not less than ten days previous to the day of election; but the provisions 
of this section shall not be held to apply to nominations for special 
elections to fill vacancies. 

Section 618.1. All candidates nominated under the provisions of this 
chapter, shall, upon filing the certificate of nomination as provided by 
Sections 614 and 618 of the Revised Codes of Montana, 1935, pay to 
the officer with whom the certificates of nomination are required to 
be filed, the fees provided by Section 640 of the Revised Codes of Mon- 
tana, 1935, and such filing fee shall be paid by every person whose name 
appears upon the ballot at any general election, regardless of the method 
pursued to secure nomination, provided, however, that only one filing 
fee shall be required from any candidate, regardless of the method used 
in having his name placed upon such general election ballot. 

Section 619. Not less than twenty-five nor more than forty 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. 



ELECTION LAWS OF MONTANA 43 

Section 620. Whenever any person nominated for public office, as 
in this chapter provided, shall at least twenty days before election, 
except in the case of municipal elections, in writing, signed by him, 
notify the office 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 shall be made at 
least five days before the election. 

Section 621. 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 inopera- 
tive 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 delegated to a 
committee the power to fill vacancies, such committee may, upon the 
occurring of such vacancies, proceed to fill the same. The chairman 
and secretary of such committee must thereupon make and file with the 
proper officer a certificate setting forth the cause of the vacancy, the 
name of the person nominated, the office for which he was nominated, 
the name of the person for whom the new nominee is to be substituted, 
the fact that the committee was authorized to fill vacancies, and such 
further information as is required to be given in an original certificate 
of nomination. The certificate so made must be executed in the manner 
prescribed for the original certificate of nomination, and has the same 
force and effect as an original certificate of nomination. When such cer- 
tificate is filed with the Secretary of State he must, in certifying the 
nominations to the various County Clerks, insert the name of the per- 
son who has thus been nominated to fill a vacancy in place of the 
name of the original nominee. And in the event he has already trans- 
mitted his certificate he must forthwith certify to the clerks of the 
proper counties the name and description of the person so nominated 
to fill a vacancy, the office he is nominated for, the party or political 
principle he represents and the name of the person for whom such 
nominee is substituted. 

Section 622. 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 the ballots, the 
District Court of the county may, upon application of any elector, by 
order require the County or Municipal Clerk to correct such error, or to 
show cause why such error should not be corrected. 

Section 623. No person shall be entitled to vote at any caucus, pri- 
mary meeting, or election, held by any political party, except he be 
an elector of the State and county within which such caucus, primary 
meeting, or election is held, and a legal resident of the precinct or 
district within which such caucus, primary meeting, or election is held, 
and the limits of which said precinct or district are fixed and pre- 
scribed by the regularly chosen and recognized representatives of the 
party issuing the call for such caucus, primary meeting, or election. 

Section 624. No person shall be entitled to vote at any caucus, 
primary meeting, or election, who is not identified with the political 
party holding such caucus, primary meeting, or election, or who does 
not intend to act with such political party at the ensuing election, 
whose candidates are to be nominated at such caucus or primary meet- 
ing. And no person, having voted at any primary meeting or election of 
any political party whose candidates are to be or have been nominated, 
shall be permitted to vote at the primary meeting or election of any 
other political party whose candidates are to be or have been nominated 
and to be voted for at the same general or special election. 

Section 625. Three judges, who shall be legal voters in the precinct 
where such caucus or primary meeting is held, shall be chosen by the 



44 ELECTION LAWS OF MONTANA 

qualified voters of said precinct or district, who are present at the 
opening of such caucus or primary meeting, and said judges shall be 
empowered to administer oaths and affirmations, and they shall decide 
all questions relating to the 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 626. 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 627. Any qualified voter may challenge the right of any 
person offering to vote at such caucus or primary meeting, and in the 
event of such challenge, the person challenged shall swear to and sub- 
scribe an oath administered by one of the judges, which oath shall be 
substantially as follows: 

"I do solemnly swear that I am a citizen of the United States, and 
am an elector of this county and of this 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 en- 
titled to vote; provided, in case a person taking the oath as aforesaid 
shall intentionally make false answers to any question put to him by 
any one of the judges concerning his right to vote at such caucus or 
primary meeting or election, he shall, upon conviction be deemed guilty 
of perjury, and shall be punished by imprisonment in the penitentiary 
for a term of not less than one year nor more than three years. 

Section 628. 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 fraudulently or wrongfully mix any ballots with those cast 
at such caucus or primary election, or knowingly make any false count, 
canvass, statement, or return of the ballots cast or vote taken at such 
caucus or primary election. 

Section 629. 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 primary meeting. 

Section 630. Any person or persons violating any of the provisions 
of this Act, except as provided in Section 627, 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. 



ELECTION LAWS OF MONTANA 45 

PARTY NOMINATION BY DIRECT VOTE— 
THE DIRECT PRIMARY 

Section 631. Whenever the provisions of this law in operation 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 thereunder, 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 intention of said laws shall be 
extended so far as possible to all primary elections, and especially to 
all primary nominating elections provided for by this law. If this pro- 
posed 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 632. On the third Tuesday of July preceding any general 
election (not including special elections to fill vacancies, municipal elec- 
tions in towns and cities, irrigation district and school elections) at 
which public officers in this State and in any district or county are to 
be elected, a primary 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 nominating election, for the pur- 
pose 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 
convention 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. 

Section 633. 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 
and clerks immediately to post said notice 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 (in- 
sert names of political parties subject to this law) will choose their 
candidates for State, district, county, precinct and other officers, namely 
(here name the offices to be filled, including a Senator in Congress, dele- 
gates to any constitutional 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. 

Section 634. The nomination of candidates for municipal offices by 
the political parties, subject to the provisions of this law, shall be gov- 
erned by this law in all incorporated towns and cities of this State having 
a population of thirty-five hundred and upward as shown by the last 
preceding national or state census. All petitions by the members of such 
political parties for placing the names of candidates for nomination for 



46 ELECTION LAWS OF MONTANA 

such municipal offices on the primary nominating ballots of the several 
political parties shall be filed with the City Clerk of said several towns 
and cities, and it shall be the duty of such officers to prepare and issue 
notices of election for such primary nominating elections in like manner 
as the several County Clerks perform similar duties for nomination 
by such political parties for county offices at primary nominating elec- 
tions. The duties imposed by this law on the County Clerks 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 and towns the primary nominating 
election shall be held on the fourteenth day preceding their municipal 
elections. If no petitions for nomination under this law for any office 
to be filled at the next ensuing annual city election is filed with the 
City Clerk of any city, not less than 30 days before the date fixed by 
law for the holding of a primary nominating election, then there shall 
be no primary election held within such city, and the City Clerk shall, 
not less than twenty-five days before the date fixed for the holding of 
the primary nominating election, certify to the County_ Clerk of the 
county in which such city or town is situated that no petition for nomi- 
nation under the direct primary election law for any office to be filled 
at the next ensuing annual election has been filed with such City Clerk 
within the time provided by law. 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 establishing of municipal voting precincts and wards, 
municipal boards or judges and clerks of election and other officers of 
their said municipal election, and other matters pertaining to municipal 
primary nominating elections required for such cities and towns by this 
law, such legislative and executive authorities have over the same matter 
at their municipal elections for choosing the public officers of said 
cities and towns. 

Section 635. This Act is declared to be an emergency law, and a 
law necessary for the immediate preservation of the public peace and 
safety. 

Section 636. Immediately after the closing of the polls at a pri- 
mary 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 po- 
litical 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 completed, and shall 
certify to the number of votes for each candidate for nomination for 
each office upon the ticket of each party. They shall then place the 
counted ballots in a box. After all have been counted and certified to 
by the clerks and judges they shall seal the returns for each of said 
political parties in separate envelopes, to be returned to the County 
Clerk. 

Section 637. Tally sheets for each political party having candidates 
to be voted for at said primary nominating election shall be furnished 
for each voting precinct by the County Clerk, at the same time and in 
the same manner that the ballots are furnished and shall be substantially 
as follows: 



i:i i:c tiu\ i,\\\s oi' MONTANA 



47 



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 desig- 
nated at the head thereof. 

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



, T Name of 
No - 1 Candidate 


Office 


Total Vote 
Received 


No. 


Tally 5 


No. 


Tally 10 


No. 


Tally IS 


12 








12 
13 
14 




12 
13 
14 




12 
13 
14 




13 














14 





























The columns for the numbers 12, 13, 14, etc., shall not be over 
three-eighths of an inch wide. The columns for the tallies shall be three- 
eighths of an inch wide, the lines shall be three-eighths of an inch 
apart; every ten lines the captions of the columns shall be reprinted 
between 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 persons received the 
number of votes set opposite his name, as above set forth, for the nomi- 
nation for the office specified. 



., Chairman 

., Judge 
., Judge 



(Who kept this sheet.) 



., Clerk 



Clerk 



, 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 immedi- 
ately 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 



4« ELECTION LAWS OF MONTANA 

said tally sheets. The clerks shall then prepare a statement of that por- 
tion of the tally sheets showing the number and name and political 
party of each candidate for nomination and the office and total votes 
received by each in the precinct, and shall prepare the certificate thereto, 
which statement shall be signed 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 638. 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 sep- 
arate 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 be in writing, with pen an 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 packages of counted ballots shall be marked on the outside, 
showing what numbers are contained therein, but once sealed they are 
not to be opened by any one until so ordered by the proper court. When 
the count is completed, the ballots counted and sealed, and enveloped 
and marked for identification as aforesaid, shall be packed in the two 
ballot-boxes, and nothing else shall be put into the boxes. The boxes 
shall then be locked, and the official seal of the board shall be pasted 
over the keyhole and over the rim of the lid of the box, so that the 
box cannot be opened without breaking the seal. Thereafter neither the 
County Clerk nor the canvassers making the abstracts of the votes shall 
break the said seals upon the ballot boxes, nor shall any one break the 
seals on the boxes or the ballots, except upon the order of the proper 
court in case of contest, or upon the order of the county board when 
the boxes are needed for the ensuing election. 

Section 639. Every political party which has cast three per centum 
(3%) or more of the total vote cast for Representative in Congress at 
the next preceding general election in the county, district or State for 
which nominations are proposed to be made, shall nominate its candi- 
dates for public office in such county, district or State, under the pro- 
visions 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 
612 of this Code. Every political party and its regularly nominated 
candidates, members, and officers, shall have the sole and exclusive right 
to the use of the party name and the whole thereof, and no candidate 
for office shall be permitted to use any word of the name of any other 
political party or organization than that of and by which he is nomi- 
nated. No independent or non-partisan candidate shall be permitted to 
use any word of the name of any existing political party or organization 
in his candidacy. The names of candidates for public office nominated 
under the provisions of this law shall be printed on the official ballots 
for the ensuing elections as the only candidates of the respective political 
parties for such public office in like manner as the names of the candi- 
dates nominated by other methods are required to be printed on such 
official ballots. 

Any political party that did not cast three per centum (3%) or more 
of the total vote cast for Representative in Congress, as above, and any 
new political party about to be formed or organized, may make nomi- 
nations for public office as provided in Section 612 of this Code. 

Section 640. Any person who shall desire to become a candidate 
for nomination to any office under this law shall send by registered 
mail, or otherwise, to the Secretary of State, County Clerk, or City Clerk, 
a petition for nomination, signed by himself, accompanied by the filing 
fee hereinafter provided for, and such petition shall be filed and shall be 



ELECTION LAWS OF MONTANA 49 

conclusive evidence for the purpose of this law that such elector is a 
candidate for nomination by his party. All nominating petitions per- 
taining to congressional, 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 offices of the Secretary of State; for county and district offices, to 
be voted for in one county only, and for township and precinct offices, 
shall be filed in the office of the County Clerk; and for all city offices in 
the office of the City Clerk. 

The fees required to be paid for filing such petitions shall be as 
follows: 

For any office with a salary attached of One Thousand Dollars 
($1,000.00) or less per annum, Ten Dollars ($10.00); except candidates 
for the State Senate and House of Representatives shall be Fifteen 
Dollars ($15.00). 

For any office with a salary attached of more than One Thousand 
Dollars ($1,000.00) per annum, one per cent (1%) of total amount of 
annual salary. 

For the office of County Commissioner in counties of the first class 
Forty Dollars ($40.00) ; in counties of the second class, Thirty-five Dol- 
lar ($35.00); in counties of the third class, Thirty Dollars ($30.00); in 
counties of the fourth class. Twenty-five Dollars ($25.00) ; in all other 
classes of counties, Ten Dollars ($10.00). 

For the office the compensation of which consists of fees instead of 
a salary, Five Dollars ($5.00). 

For state, county and precinct committeemen, delegates to national 
conventions and presidential electors no fees shall be required to be paid. 

Any person receiving the nomination by having his name written in 
on the primary ballot, and desiring to accept such nomination, shall file 
with the Secretary of State, County Clerk, or City Clerk, a written decla- 
ration indicating his acceptance of said nomination within ten (10) days 
after the election at which he receives such nomination, and at the same 
time he shall pay to the officer with whom such declaration of accept- 
ance is filed the fee above provided for filing a primary nominating 
petition for such office. No candidate receiving a nomination at a pri- 
mary election as above provided shall have his name printed on the 
official ballot for the general election without complying with the pro- 
visions of this section. 

Section 641. The petition for nomination required by the preceding 
section shall be substantially in the following form: 

To (name and title of officer with whom petition 

is to be filed) and to the members of the 

party and the electors of the (State or counties of 

comprising the district or county or city, as the 

case may be) in the State of Montana; 

I reside at and my 

postoffice address is I am a candidate of the 

party for the nomination for the office of 

at the primary nominating election to be held in the 

(State of Montana or district, or county or city) on the 

day , 19 , and if I am nominated as 

the candidate of the party for such office I will accept 

the nomination and will not withdraw, and if I am elected I will qualify 
as such officer. 



50 ELECTION LAWS OF MONTANA 

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 measure 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). 



Signature of Candidate for Nomination. 



Each such petition shall be signed as above by the elector seeking 
such nomination. 

Section 644. All petitions for nomination under this Act for offices 
to be filled by the State at large or by any district consisting of more 
than one county, and nominating petitions for judges of district courts 
in districts consisting of a single county, shall be filed in the office of 
the Secretary of State not less than forty days before the date of 
the primary nominating election; and for other offices to be voted for 
in only one county, or district or city, every such petition shall be filed 
with the County Clerk or City Clerk as the case may be, not less than 
thirty days before the date of the primary nominating election. 

Section 645. The Secretary of State, County Clerk and City Clerk 
shall keep a book entitled "Register of Candidates for Nomination at 
the Primary Nominating Election," and shall enter thereon on different 
pages of the book for 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 election; the 
name of his political party; the date of receiving the petition for nomi- 
nation signed by the candidate; the words he wishes printed after his 
name on the nominating ballot, if any; and such other information as 
may aid him in arranging his official ballot for said primary nominating 
election. Immediately after the canvass of votes cast at a primary 
nominating election is completed, the County Clerk, Secretary of State 
or City Clerk, as the case may be, shall enter in his book marked 
"Register of Nominations," the date of such entry, the name of each 
candidate nominated, the office for which he is nominated, and the name 
of the party making the nomination. 

Section 646. Such registers of candidates for nomination, and of 
nominations and petitions, letters and notices, and other writings re- 
quired 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 forth- 
with compare such copy with the original on file, and, if necessary, 
correct the copy and certify 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 per- 
tain, 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 647. The provisions of Sections 620 and 621 of this Code 
shall apply to nominations, or petitions for nominations, made under 
the provisions of this law, in case of the death of the candidate or 
his removal 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 



ELECTION LAWS OP MONTANA 51 

has been given power by the political party or this law to fill such 
vacancies substantially in the manner provided by said Sections 620 and 
621 of this Code. 

Section 648. Not more than forty days and not less than twenty- 
five days before the day fixed by law for the primary nominating elec- 
tion the Secretary of State shall arrange, in the manner provided by 
this law, for the arrangement of the names and other information upon 
the ballots, all 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 conspicuous place 
in his office and keep the same posted until after said primary nominat- 
ing election has taken place. In case of emergency the Secretary of 
State may transmit such duplicate by telegraph. 

Section 649. Not more than thirty days, and not less than twenty 
days before the day fixed by law for the primary nominating election, 
the County Clerk of each county, or the City Clerk of each city, as 
the case may be, subject to the provisions of this law, shall arrange in 
the manner provided by this law for the arrangement of the names 
and other information concerning all the 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 keep the same posted until after the primary nominating 
election has taken place; and he shall forthwith proceed and cause to 
be printed, according to law, the colored sample ballots and the official 
ballots as required by this law. 

Section 650. 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 
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 651. At all primary elections there shall be a ballot made 
up of the several party tickets herein provided for, each of which shall 
be printed on a separate sheet of white paper, and all of which shall 
be the same size, and shall be securely fastened together at the top and 
folded, provided that there shall be as many separate tickets as there 
are parties entitled to participate in said primary election. 

The names of all candidates shall be arranged alphabetically accord- 
ing to surnames, under the appropriate title of the respective officers, 
and under the proper party designation upon the party ticket, except 
as hereinafter provided. When two or more persons are candidates for 
nomination for the same office, it shall be the duty of the County 
Clerk in each of the counties of the State to divide the ballot forms 
provided by the law for the county, into sets so as to provide a sub- 
stantial rotation of the names of the respective candidates as follows: 

He shall divide the whole number of ballot forms for the county 
into sets equal in number to the greatest number of candidates for the 
nomination or election to any office, and he shall so arrange said sets 
that the names of the candidates shall, beginning with a form arranged 



52 ELECTION LAWS OF MONTANA 

in alphabetical order as provided herein, be rotated by removing one 
name from the top of the list for each nomination or office and placing 
said name or number at the bottom of the list for each successive set 
of ballot forms; provided, however, that no more than one of said sets 
shall be used in printing the ballots for use in any one precinct, and 
that all ballots furnished for use in any precinct shall be of one form 
and identical in every respect. 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 in no case shall 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 
within ten (10) days after such election file with the Secretary of State, 
County Clerk or City Clerk, a written document indicating the party 
designation under which his name is to be printed on the official ballot 
for the general election, failing in which, his name shall be printed 
upon the party ticket for which his nominating petition shall have been 
first filed, and no candidate shall have his name printed on more than 
one ticket; provided, however, that in the event a candidate whose name 
has been printed upon the party ticket for which his nominating petition 
shall have been first filed shall fail of nomination upon the ticket upon 
which his name is so printed, his name shall not be printed upon any 
ballot under any party designation; and provided further that nothing 
in this Act shall preclude any elector from having has name printed 
upon the ballot as an Independent Candidate. The ballots with the en- 
dorsements shall be printed on white paper in substantially the forms 
of the Australian Ballot, used in general elections, except that the candi- 
dates of each party shall be printed on a separate ticket or 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 with official 
stamp thereon seen. The remaining tickets attached together shall be 
folded in like manner by the elector who shall thereupon, without leav- 
ing the polling place, vote the marked ballot forthwith, and deposit the 
remaining tickets in the separate ballot box to be marked and designated 
as the blank ballot box. Immediately after the canvass, the judges of 
the election shall, without examination, destroy the tickets deposited in 
the blank ballot box. 

Section 652. There shall be printed and furnished for each election 
precinct a number of ballots equal to the number of voters registered 
in such voting precinct and entitled to vote at such primary nominating 
election. 

If any political party shall desire sample ballots its political com- 
mittee may order the same from the County Clerk or City Clerk who 
shall collect from such committee an amount sufficient to pay the cost 
of printing such sample ballots, and such sample ballots after being 
printed, shall, on the written order of the Clerk, be delivered to the 
committee ordering the same, but no such sample ballot shall be printed 
except on the order of the County or City Clerk. The sample ballots 
shall be duplicate impressions of the official ballots to be voted, but in 
no case shall they be white, nor shall said sample ballots have perforated 
stubs, nor shall they have the same margin either at the top or sides 
or bottom as the official ballots have, or nearer thereto than twelve 
points, and the names of the candidates on the tickets composing the 
same shall not be rotated as required for the official ballots, but shall be 
impressions of the tickets belonging to lot one of each party. 

Section 654. On the third day after the close of any primary nomi- 
nating 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 dif- 



ELECTION LAWS OF MONTANA 53 

ferent political parties, if practicable, or two members of the Board of 
County Commissioners of the county of different political parties, if 
possible, or one Justice of the Peace and one member of the Board of 
County Commissioners 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 transmitted 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 Assembly, 
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 forth- 
with transmitted to the Secretary of State, as required by the following 
section. The abstract of votes for county and precinct officers 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 offices, 
respectively, and to notify by mail each person who is so nominated; 
provided, that when a tie shall exist between two or more persons for 
the same nomination by reason of said two or more persons having an 
equal and the highest number of votes for nomination by one party to 
one and the same 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 decide 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 services, 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 nomi- 
nated by his political party for that office. 

(As amended by Chapter 181, Laws of 1937.) 

Section 655. The County Clerk, immediately after making the ab- 
stracts 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 nominations for 
Governor, Senator in Congress, Lieutenant-Governor, Attorney-General, 
Superintendent of Public Instruction, Railroad Commissioners, Secretary 
of State, State Treasurer, State Auditor, Justices of the Supreme Court, 
Clerk of the Supreme Court, Members of Congress, Judges of the Dis- 
trict 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 nomina- 
tion to the person having the highest number of votes for each office, 



54 ELECTION LAWS OF MONTANA 

and shall issue a proclamation declaring the nomination of each person 
by his party. In case there shall be no choice for nomination for any 
office by reason of any two or more persons having an equal and the 
highest number of votes of his party for nomination for either of said 
offices, the Secretary of State shall immediately give notice to the sev- 
eral persons so having the highest and equal number of votes to attend 
at his office, either in person or by attorney, at a time to be appointed 
by said Secretary, who shall then and there proceed to publicly decide by 
lot which of said persons so having an equal number of votes shall be 
declared duly nominated by his party; and the Governor shall issue his 
proclamation declaring the nomination of such person or persons, as 
above provided. 

Section 656. 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 candidate or other matter on the official primary 
nominating election 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 primary election, County Clerk, canvassing 
board or member thereof, or by any person charged with a duty under 
this Act, or that any neglect of duty by any of the persons aforesaid 
has occurred or is about to occur, such court or judge shall by order 
require the officer or person or persons charged with the error, wrongful 
act, or neglect, to forthwith correct the error, desist from the wrongful 
act, or perform the duty and do as the court shall order, or show cause 
forthwith why such error should not be corrected, wrongful act desisted 
from, or such duty or order performed. Failure to obey the order of any 
such court or judge shall be contempt. Any person in interest or ag- 
grieved 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 proceeding under the provisions of this 
law shall be immediately heard and decided. 

Section 657. If the returns and abstracts of the primary nominat- 
ing election of any county in the State shall not be received at the office 
of the Secretary of State within twelve days after said election, the 
Secretary of State shall forthwith send a messenger to the county board 
of such county, whose duty it shall be to furnish said messenger with 
a copy of said returns, and the said 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. 

Section 658. If any judge or clerk of a primary nominating elec- 
tion, or other officers or persons on whom any duty is enjoined by this 
law, shall be guilty of any wilful neglect of such duty, or of any corrupt 
conduct in the discharge of the same, such judge, clerk, officer or other 
person, upon conviction thereof, shall be punished by imprisonment in 
the penitentiary not less than one year nor more than five years, or 
by imprisonment in the county jail not less than three months nor 
more than one year, or by fine of not less than One Hundred Dollars 
nor more than Five Hundred Dollars. 

Section 659. Any person wishing to contest the nomination of any 
other person to any State, county, district, township, precinct, or munic- 
ipal office may give notice in writing to the person whose nomination 



ELECTION LAWS OF MONTANA 55 

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 660. Said notice shall be served in the same manner as a 
summons issued out of the District Court three days before any hear- 
ing upon such contest as herein provided 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 his issue docket as an appeal case, and the same shall be 
heard forthwith by the District Court; provided, that if the case can 
not be determined by the District Court in term time, within fifteen days 
after the termination of such primary nominating election, the Judge of 
the District Court may hear and determine the same at chambers forth- 
with, and shall make all necessary orders for the trial of the case and 
carrying his judgment into effect; provided, that the District Court pro- 
vision of this section shall not apply to township or precinct offices. 
In case of contest between any persons claiming to be nominated to 
any township or precinct office, said notice shall be served in the manner 
aforesaid, and shall be returned to the District Court of the county. 

Section 661. Each party to such contest shall be entitled to sub- 
poenas, 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 nomination; and the 
County Clerk shall issue a certificate to the person declared to be duly 
nominated by said court, which shall be conclusive evidence of the right 
of said person to hold said nomination; provided, that the judgment or 
decision of the District Court in term time, or a decision of the Judge 
thereof in vacation, as the case may be, may be removed to the Supreme 
Court in such manner as may be provided for removing such causes 
from the District Court to the Supreme Court. 

"Section 662. There shall be elected by each political party, subject 
to the provisions of this law, at said primary nominating election, two 
committeemen, one of which shall be a man and one of which shall be 
a woman, for each election precinct, who shall be residents of such 
precincts. Any elector may be placed in nomination for committeeman 
of any precinct by a writing so stating, signed by such elector, 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 nomina- 
tion at the regular biennial primary election. 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 committeemen thus elected shall be the 
representatives of their 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 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 juris- 
diction as to the business of their several parties in such city matters 
that the county committees have 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 com- 
mittee immediately following their election. In case of a vacancy hap- 



56 ELECTION LAWS OP MONTANA 

pening, 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 occurred. Said County and City Central 
Committees shall have the power to make rules and regulations for the 
government of their respective political parties in each county and city, 
not inconsistent with any of the provisions of this law, and to elect two 
county members of the State Central Committee, one of which shall be 
a man and one of which shall be a woman, and the members of the 
Congressional Committee, and said committee 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 to make rules. Said County 
and City Central Committee shall have the power to make nomination 
to fill vacancies occurring 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, resignation or removal 
from the electoral district, but not otherwise. Said committees shall 
meet and organize by electing a chairman and secretary within thirty 
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 con- 
ferred upon the County, City, State and Congressional Central Com- 
mittees respectively by this law. The chairman of the County Central 
Committee shall call said central committee meeting and not less than 
fifteen days before the date of said central committee meeting shall 
publish said call in a newspaper published at the county seat and shall 
mail a copy of the call, enclosing a blank proxy, to each precinct 
committeeman. No proxy shall be recognized unless held by an elector 
of the precinct of the committeeman executing the same. ... as amended 
by Chapter 84, Laws of 1939. 

Section 663. The State Central Committee of each political party 
in the State of Montana shall select one national committeeman and one 
national committeewoman. The chairman of the State Central Com- 
mittee shall at once file with the National Committee the names of the 
national committeeman and national committeewoman so selected, and 
it shall be the duty of the chairman of the delegation to the national 
convention of each political party to report to the national convention 
the names of the persons so selected to be the national committeeman 
and the national committeewoman of his political party for the State of 
Montana. Said committeeman and committeewoman shall represent said 
political party as members of the National Committee of said party and 
shall be selected in each year in which a President and Vice-President 
of the United States are elected, and such selection shall be made prior 
to the meeting of the national conventions of the respective political 
parties. The national committeeman and committeewoman shall hold 
office for a term of four years. 

Section 665. 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 wrongful or unlawful act or acts had been 
done by such candidate at the regular general election, to cause his 
removal from office, he shall, upon conviction thereof, be removed from 
office in like manner as 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 666. The candidates for the various state offices, and for 
the United States Senate, Representatives in Congress and the Legis- 
lative Assembly nominated by each political party at such primary, 



ELECTION LAWS OF MONTAN \ 57 

• 

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 Committee not 
later than September fifteenth next preceding any general election. They 
shall forthwith formulate the State platform of their party. They 
shall thereupon proceed to elect a chairman of the State Central Com- 
mitte and perform such other business as may properly be brought 
before such meeting. 

Section 667. Any person who shall offer, or with knowledge 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 consideration for signing the same, whether such bribe 
or promise of gain in the nature of a bribe be offered or accepted be- 
fore or after such signing, shall be guilty of a misdemeanor, and upon 
trial and conviction thereof be punished by a fine of not less than 
Twenty-five nor more than One Thousand Dollars, and by imprison- 
ment in the county jail of not less than ten days nor more than six 
months. 

Section 668. Any act declared an offense by the general laws of 
this State concerning caucuses, primaries and elections shall also, in 
like case, be an offense in and as to all primaries as herein defined, 
and shall be punished in the same form and manner as therein provided, 
and all the penalties and provisions of the law as to such caucuses, 
primaries and elections, except as herein otherwise provided, shall apply 
in such case with equal force, and to the same extent as though fully 
set forth in this Act. 

Section 669. Any person who shall forge any name of a signer or 
a witness to a nomination paper shall be guilty of forgery, and on con- 
viction punished accordingly. Any person 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 670. The provisions of the laws of this State now in force 
in relation to the holding of elections, the solicitation of voters at the 
polls, the challenging of voters, the manner of conducting elections, of 
counting the ballots and making return 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 regula- 
tion and protection of the laws now in force as to elections. 



PRESIDENTIAL ELECTORS AND DELEGATES TO 
NATIONAL CONVENTIONS 

Section 673.1 The term Political Party as used in this Act shall 
include any party conducted for political purposes, which now has or 
hereafter shall perfect a national organization. 

Section 673.2. All political parties in Montana shall hereafter nomi- 
nate their presidential electors and elect their delegates to national con- 
ventions in the manner provided by this Act. It shall be the duty of 
each political party to select in each county in the State in such manner 
as is now provided by law, or by the rules of the party in case the 



58 ELECTION LAWS OF MONTANA 

law does not so provide, a precinct committeeman for each election 
precinct, a county chairman in each county and a state chairman. 

Section 673.3. In each year when a President of the United States 
is to be chosen a county convention shall be held by each political party 
on the second Tuesday in May in each county in the State, composed 
of the county precinct committeemen of the party. The chairman of 
the County Central Committee shall call said county convention and, 
not less than ten days nor more than two weeks before the date of 
the convention, shall publish said call in a newspaper published at the 
county seat and shall mail a copy of the call to each precinct com- 
mitteeman. In the event there is no County Central Committee in any 
county, the State Central Committee of the political party having no 
County Central Committee in said county shall appoint a County Central 
Committee therein and said County Central Committee shall have the 
same powers and duties as County Central Committee selected as now 
provided by law. 

Section 673.4. The county chairman of the party shall preside at 
the county convention. No person other than a duly elected or appointed 
precinct committeeman shall be entitled to sit in said convention or 
participate in its proceedings. No proxy shall be recognized unless held 
by an elector of the precinct of the committeeman executing the same. 
In case of the absence of any precinct committeeman and his duly ap- 
pointed proxy, the convention may fill the vacancy by appointing some 
qualified elector of the party, resident in the precinct to represent such 
precinct in the convention. 

Section 673.5. Said county convention shall organize by the ap- 
pointment of a secretary, who, with the chairman of the meeting, shall 
issue and sign certificates of election to the delegates and alternates 
elected by the convention. The convention shall elect delegates and 
alternate delegates to attend the state convention, in a number equal to 
the total number of State Senators and Representatives elected from 
said county to the Legislative Assembly. 

Section 673.6. On the third Tuesday in May the delegates (or alter- 
nate delegates in case any elected delegates cannot attend) shall hold a 
state convention at the seat of government for the purpose of electing 
delegates and alternates to the national convention of the party, and 
presidential electors. 

Section 673.7. Said state convention shall be conducted in accord- 
ance with the party rules, subject, however, to the following require- 
ments: 

The chairman of the State Central Committee shall call the state 
convention and shall publish the call at least once in a newspaper pub- 
lished at the seat of government. Said call shall be published not less 
than ten (10) days nor more than two (2) weeks before the date of the 
convention and a copy of the call shall be mailed to the county chairman 
in each county. The chairman of the State Central Committee shall 
preside over the convention and, together with a secretary chosen by 
the convention, shall sign certificates of election, which shall, be de- 
livered as credentials to the several persons elected by the convention 
as delegates to the national convention of said party, and certificates of 
nomination for presidential electors for said party which shall be filed 
with the Secretary of State. Only regularly elected delegates or alternates 
shall be entitled to sit in said convention or participate in its proceedings 
and no proxies shall be recognized by the convention. In case of the 
absence of a member or members of the delegation elected from any 
county the delegates present for said county shall be entitled to cast a 
number of votes equal to the number of delegates elected to the con- 
vention from said county. 



ELECTION LAWS OF MONTANA 59 

Section 673.8. The entire expense of conducting the county and state 
conventions herein provided for shall be defrayed by the several political 
parties, except that each elected delegate or alternate who shall attend 
the state convention and participate therein shall receive the sum of 
five (5c) cents per mile for each mile actually traveled by him in going 
to and returning from said convention, said mileage to be computed by 
the shortest practicable route, and to be paid out of the general funds 
of the county in the same manner as other election expenses. 

BALLOTS, PREPARATION AND FORM 

Section 677. All ballots cast in elections for public offices 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 instruction 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 printing 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 678. Except as in this chapter otherwise provided, it shall 
be 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 on the ballot 
the names of all candidates, including candidates for Chief Justice and 
Associate Justices of the Supreme Court and Judges of the District Courts, 
whose names have been certified to, or filed with the County Clerk, in 
the manner provided in this chapter. Ballots other than those printed by 
the respective County Clerks, according 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, but must mark the same as provided in Section 696, and 
when a ballot is so marked it must be counted the same as though the 
name is printed upon the ballot and marked by the voter. Any voter 
may take with him into the polling place any printed or written memo- 
randum or paper to assist him in marking or preparing his ballot except 
as otherwise provided in the chapter. 

(As amended by Chapter 81, Laws of 1939.) 

Section 679. In all municipal elections the City Clerk must perform 
all the duties prescribed for County Clerks in this chapter. 

Section 680. 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 code 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 containing the name of the new 
nominee, and must mail them by registered letter to the judges of 
election in the various precincts interested in such election, and the 
judges of election, whose duty it is made by the provisions of this chap- 
ter 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. 

CHAPTER 170, LAWS OF 1939 

Section 1. At any state or county election in which a member of 
the State Senate or House of Representatives is to be elected or nomi- 
nated, and subject to the provisions of Sections 651 and 681 of the 
Revised Codes of Montana, 1935, the list of candidates for such offices 
shall be arranged on the ballot immediately following the other state 
offices and shall precede any county office on such ballot. 



60 ELECTION LAWS OF MONTANA 

Section 681. Ballots for all general elections 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 
contain the name of every candidate whose nomination for any special 
office specified in the ballot has been certified or filed according to the 
provisions of law and no other names, except that the names of candidates 
for President and Vice-President of the United States shall appear on 
the ballot as provided for by Section 813 of the Revised Codes of Mon- 
tana, 1935. 

(A) The name of each candidate nominated shall be printed upon 
the ballot in but one place and there shall be added after and directly 
opposite to the name of each candidate nominated, the party or political 
designation contained in the certificate or nomination of such candidate 
in not more than three (3) words, except that the political designation 
of electors for President and Vice-President of the United States shall 
be opposite the whole list thereof, and the names of candidates for Chief 
Justice, Associate Justices, and District Court Judges shall each be fol- 
lowed by the following words directly underneath the name of the 
candidate: "Nominated without party designation." It is provided, how- 
ever, that whenever any person is nominated for the same office by more 
than one party the designation of the party which first nominated him 
shall be placed opposite his name unless he declines in writing, one or 
more of such nominations, or by written election indicates the party 
designation which he desires printed opposite his name; or if he is 
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 election indicating the party designation which he desires 
printed opposite his name, and it shall be so printed. If he shall fail or 
neglect to file such an election no party designation shall be placed 
opposite his name. 

(B) The names of all candidates shall be arranged alphabetically 
according to surnames under the appropriate title of the respective offices. 
It is provided, however, that, while all of the candidates for the par- 
ticular office shall remain together in the same box, yet the candidates 
of the two major parties shall appear on the ballot before and above 
the candidates of the minor parties and independent candidates. For the 
purpose of designating the candidates of the two major parties, they shall 
be those candidates of the two parties whose candidates for Governor, 
excluding independent candidates, have been either first or second (by 
receiving the highest and next highest number of votes cast for the 
office of governor at the particular election) the greatest number of times 
at the next preceding four (4) general elections. In case of a tie in the 
number of first or second places, the determination shall be made by 
going back enough preceding elections to break the tie and no farther. 
All other candidates shall be designated as either independent candidates 
or as belonging to minor parties. When two or more persons are 
candidates for election of the same office, including presidential and vice- 
presidential candidates, it shall be the duty of the County Clerk in each 
of the counties of the State to divide the ballot forms provided by the 
law for the county, into sets so as to provide a substantial rotation of 
the names of the respective candidates as follows: 

He shall divide the whole number of ballot forms for the county 
into sets equal in number to the greatest number of candidates for any 
office, and he shall so arrange said sets that the names of the candidates 
shall, beginning with a form arranged in alphabetical order (for the 
purposes of rotation of presidential and vice-presidential candidates, the 
office of president and vice-president, together with presidential electors 



SELECTION LAWS OF MONTANA 61 

shall be considered as a group and alphabetized under the name of the 
candidate for president), be rotated by removing one name from the top 
of the list for each office and placing said name or number at the bottom 
of that list for each successive set of ballot forms; provided, however, 
that no more than one of said sets shall be used in printing the ballot 
for use in any one precinct, and that all baliots furnished for use in any 
precinct shall be of one form and identical in every respect. It is further 
provided that candidates of the two major parties as hereinbefore denned 
shall be rotated as one group and the candidates of the minor parties 
and independent candidates shall be rotated as another group so that the 
candidates of the two major parties for a particular office shall appear 
on the ballot before and above any candidates of the minor parties or 
independent candidates. 

(C) Each ballot shall contain at the top the stub as pro- 
vided by Section 684 of the Revised Codes and directly underneath 
the perforated line shall be the following words in bold face type, 
"VOTE IN ALL COLUMNS." Each ballot shall contain two (2) 
and not more than two (2) columns for the election of state, national, 
county and township officers. The first two columns and no others 
shall be used for the election of officers. Provided, however, that a 
third column and as many additional columns as may be necessary shall 
be used for constitutional amendments, and initiative and referendum 
measures. In the first column and the left, which shall be designated 
at the head with the words, "state and national," in large bold face type, 
shall be listed all candidates for state and national offices, including 
Supreme Court Justices and District Court Judges, and in the second 
column, which shall be designated at the head with the words, "county 
and township," in large bold face type, shall be listed all candidates for 
the legislative assembly, county and township offices. The third column 
and any additional column shall be designated at the head with the 
words, "initiatives, referendums, and constitutional amendments," in large 
bold face type, and listed thereunder shall be all proposed constitutional 
amendments and measures to be voted on by the people at such election. 
In case there are no such measures, this column shall be eliminated. The 
columns shall be separated by two straight lines at least one-half an 
inch apart. 

(D) At the bottom of the first column, or the column to the left, 
there shall be placed the following words, "vote for county and town- 
ship offices in the next column." At the bottom of the second column, 
if there be any initiatives, referendums or constitutional amendments, 
and every column except the last column, there shall be the following 
words, "vote on initiatives, referendums and constitutional amendments 
in the next column." 

(E) The order of the placement of the offices on the ballot in the 
first column, or to the left, designated "state and national," shall be as 
follows: "President and vice-president, together with the presidential 
electors; United States senator; United States representative in congress; 
governor; lieutenant governor; secretary of state; attorney general; state 
treasurer; state auditor; railroad and public service commissioners; state 
superintendent of public instruction; clerk of the supreme court; chief 
justice of the supreme court; associate justice or justices of the supreme 
court; district court judges;" provided, however, that in the years in which 
any of such offices are not to be elected, such offices shall not be 
designated, but the order of those offices to be filled shall maintain their 
relative positions as herein provided. 

In the second column, designated, "county and township," the fol- 
lowing order of placement shall be observed: "State senator; member 
or members of the house of representatives; clerk of the district court; 



62 ELECTION LAWS OP MONTANA 

county commissioner; county clerk and recorder; sheriff; county at- 
torney; county auditor." Such other offices to be elected shall be placed 
following the foregoing in the order deemed most appropriate by the 
County Clerk. In the third column constitutional amendments shall come 
first with referendum and initiative measures following. 

(F) In case of a short term and a long term election for the same 
office, the long term office shall precede the short term. The ballots shall 
be so printed as to give each voter a clear opportunity to designate his 
choice of candidates by a cross mark, (X) in a square at the left of the 
name of each candidate. Above each group of candidates for each office 
shall be printed the words designating the particular office in bold face 
capital letters and directly underneath the words, "vote for" followed by 
the number to be elected to such office. As nearly as possible the ballot 
shall be in the following form: (Stub hereinafter provided for by Sec- 
tion 684.) 



ELECTION LAWS OP MONTANA 
(Perforated Line) 



63 



VOTE IN 


ALL COLUMNS 




STATE AND NATIONAL 


COUNTY AND TOWNSHIP 




FOR PRESIDENTIAL ELECTORS 

TO VOTE FOR PRESIDENT AND 

VICE PRESIDENT OF THE 

UNITED STATES. 

VOTE FOR ONE 

For President Democrat 
of the United States 

□ JOHN DOE 

For Vice-President 
of the United States 

□ RICHARD ROE 

For Presidential Electors: 
Jane Doe, Helen Doe, 
Peter Moe, Milton Moe. 


FOR STATE SENATOR 
VOTE FOR ONE 

□ BILL DOE Republican 

□ JOHN ROE Democrat 


INITIATIVES, REFERENLUMS 
AND CONSTITUTIONAL 

AMENDMENTS. 


CONSTITUTIONAL AMEND- 
MENTS 






FOR MEMBERS OF THE HOUSE 
OF REPRESENTATIVES 

VOTE FOR TWO 

n ALLEN DOE Republican 

□ FRANK DOE Republican 

□ A. R. ROE Demorcat 

□ OLE ROE Democrat 

□ 






□ FOR THE AMENDMENT 

□ AGAINST THE 

AMENDMENT 


(Same with other candidates for 
President and Vice-President to- 
gether with blank space for 
write-in.) 


REFERENDUM NO. 1 




n 


FOR UNITED STATES SENATOR 
VOTE FOR ONE 

□ FRANK ROE Democrat 

□ GUY DOE Republican 
n 






□ FOR REFERENDUM NO. 1 

□ AGAINST SAID REFER- 

ENDUM NO. 1 


(Continued in like manner for all 
county and township officers.) 






INITIATIVE NO. 1 


(Same for Congressman, Gover- 
nor, Lieutenant Governor, Secre- 
tary of State, Attorney General, 
State Treasurer, State Auditor, 
Railroad and Public Service Com- 
missioner, State Superintendent of 
Public Instruction and Clerk of 
Supreme Court.) 








□ FOR INITIATIVE NO. 1 

□ AGAINST SAID INITI- 

ATIVE NO. 1 


FOR CHIEF JUSTICE OF THE 
SUPREME COURT 

VOTE FOR ONE 

□ RICHARD K. O'DOE 

(Nominated without party 
designation) 

□ TOM ROE 

(Nominated without party 
designation) 

n 






(Continue in like manner for As- 
sociate Justice and Judges of the 
District Court.) 


(VOTE ON INITIATIVES, REF- 
ERENDUMS AND CONSTITU- 
TIONAL AMENDMENTS IN THE 
NEXT COLUMN.) 


(VOTE FOR COUNTY AND 
TOWNSHIP OFFICERS IN 
THE NEXT COLUMN.) 



and continuing in like manner as to all candidates, constitutional amend- 
ments, initiatives, and referendums voted on at such election. 

(As amended by Chapter 81, Laws of 1939.) 

(Section 682— Repealed by Chapter 81, Laws of 1939.) 



64 ELECTION LAWS OF MONTANA 

Section 683. 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 reason- 
able space between the names printed thereon, so that the voter may 
clearly indicate, in the way hereinafter provided, the candidate or can- 
didates for whom he wishes to cast his ballot. 

Section 684. The ballot shall be printed on the same leaf with a 
stub, and separated therefrom by a perforated line. The part above the 
perforated line, designated as the stub, shall extend the entire width 
of the ballot, and shall be of sufficient depth to allow the following 
instructions to voters to be printed thereon, such depth to be not less 
than two inches from the perforated line to the top thereof, upon the 
face of the stub shall be printed, in type known as brevier capitals, 
the following: "This ballot should be marked with an 'X' in the square 
before the name of each person or candidate for whom the elector in- 
tends to vote. In cases of a ballot containing a constitutional amend- 
ment, or other question to be submitted to a vote of the people, by mark- 
ing an 'X' in the square before the answer of the question or amend- 
ment submitted. The elector may write in the blank spaces, or paste 
over another name, the name of any person for whom he wishes to vote, 
and vote for such person by making an 'X' in the square before such 
name." On the back of the stub shall be printed or stamped by the 
County Clerk, or other officer whose duty it is to provide the ballots, 
the consecutive number of the ballot, beginning with number "1," and 
increasing in regular numerical order to the total number of ballots 
required for the precinct. 

Section 685. All of the official ballots of the same sort, prepared 
by any officer or board for the same balloting place, shall be 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 therefrom, it shall be 
impossible to distinguish any one of the ballots from the other ballots 
of the same sort, and the names of all candidates printed upon the ballot 
shall be in type of the same size and character. 

Section 686. Whenever the Secretary of State has duly certified 
to the County Clerk any question to be submitted to the vote of the 
people, the County Clerk must print the ballot in such form as will 
enable the electors to vote upon the question so presented in the manner 
provided by law. The County Clerk must also prepare the necessary 
ballots whenever any question is required by law to be submitted to the 
electors of any locality, and any of the electors of the State generally 
except that as to all questions submitted to the electors of a municipal 
corporation alone the City Clerk must prepare the necessary ballots. 

Section 687. The County Clerk must provide for each election pre- 
cinct in the county ten more than an equal number of ballots as there 
are electors registered in the precinct. If there is no registry in the 
precinct, the County Clerk must provide ballots equal to the number 
of electors who voted at the last preceding election in the precinct, 
unless in the judgment of the County Clerk a greater number be needed, 
but in no case to exceed one and one-half times as many as the number 
of registered voters in the precinct. He must keep a record in his 
office, showing the exact number of ballots, that are delivered to the 
judges of each precinct. In municipal elections it is the duty of the 
City Clerk to provide ballots as specified in this section. 



BISECTION LAWS OF MONTANA 65 

CONDUCTING ELECTIONS: THE POLLS, VOTING AND 

CHALLENGES 

Section 688. Voting may commence as soon as the poll are open, 
and may be continued during all the time the polls remain open. 

Section 689. The polls must be opened at eight o'clock on the morn- 
ing of election day and must be kept open continuously until six o'clock 
in the afternoon of said day, when the same must be closed; provided 
that in precincts having less than one hundred (100) registered electors 
the polls must be opened at one o'clock in the afternoon of election day 
and must be kept open continuously until six o'clock' in the afternoon of 
said day, when they must be closed; provided, further, that whenever 
all registered electors in any precinct have voted the polls shall be im- 
mediately closed. 

Section 690. 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 691. When polls are closed, that fact must be proclaimed 
aloud at the place of election; and after such proclamation no ballots 
must be received. 

Section 692. All officers upon whom is imposed by law the duty 
of designating the polling-places must provide in each polling-place des- 
ignated by them, a sufficient number of places, booths, or compart- 
ments, each booth or compartment to be furnished with a door or cur- 
tain sufficient in character to screen the voter from observation, and 
must be furnished with such supplies and conveniences as shall enable 
the elector to prepare his ballot for voting, and in which electors must 
mark their ballots, screened from observation, and a guard-rail so con- 
structed 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, regis- 
tered in the precinct. In precincts containing less than twenty-five reg- 
istered 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 693. No person other than electors engaged in receiving, 
preparing, or depositing their ballots, or a person present for the pur- 
pose of challenging the vote of an elector about to cast his ballot, is 
permitted to be within said rail; and in cases of small precincts where 
places, booths, or compartments are not required, no person engaged in 
preparing his ballot shall, in any way, be interfered with by any person, 
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 



66 ELECTION LAWS OF MONTANA 

person, in such a way as to reveal the contents thereof, or the name of 
the candidate or candidates for whom he has marked his vote; nor shall 
any person solicit the elector to show the same; nor shall any person, 
except the judge of election, receive from any elector a ballot prepared 
for voting. No elector shall receive a ballot from any other person than 
one of the judges of election having charge of the ballots; nor shall any 
person other than such judge of election deliver a ballot to such elector. 
No elector shall vote, or offer to vote, any ballot except such as he 
has received from the judges of election having charge of the ballots. 
No elector shall place any mark upon his ballot by which it may after- 
wards 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 694. The expense of providing such places or compartments, 
ropes, and guard-rails is a public charge, and must be provided for in 
the same manner as the other election expenses. 

Section 695. At any election the judges of election must designate 
two of their number whose duty it is to deliver ballots to the qualified 
electors. Before delivering any ballot to an elector, the said judges must 
print on the back, and near the top of the ballot, with the rubber or 
other stamp provided for the purpose, the designation "official ballot" 
and the other words on same, as provided for in Section 603 of this 
Code; and the clerks must enter on the poll-lists 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. 

Section 696. 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 
marking an "X" in the square before the name of the person or persons 
for whom he intends to vote. In case of a ballot containing a constitu- 
tional 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 ques- 
tion or amendment 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 marking an "X" before 
such name. No elector is at liberty to use or bring into the polling- 
place any unofficial sample ballot. After preparing his ballot the elector 
must fold it so the face of the ballot will be concealed and so that 
the endorsement stamped thereon may be seen, and hand the same to 
the judges in charge of the ballot-box, who shall announce the name of 
the elector and the printed or stamped number on the stub of the offi- 
cial ballot so delivered to him, in a loud and distinct tone of voice. 
If such elector be entitled then and there to vote, and if such printed 
or stamped number is the same as that entered on the poll-list as the 
number on the stub of the 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 de- 
tached ballot stubs. Upon voting, the elector shall forthwith pass out- 
side the guard-rail, unless he be one of the persons authorized to re- 
main within the guard-rail for other purposes than voting. 

Section 697. No more than one person must be allowed to occupy 
any one booth at one time, and no person must remain in or occupy 



ELECTION LAWS OF MONTANA 67 

a booth longer than may he necessary to prepare his ballot, and in no 
event longer than five minutes, if the other booths or compartments are 
occupied. 

Section 698. Any elector who by accident or mistake spoils his 
ballot, may. on returning said spoiled ballot, receive another in place 
thereof. 

Section 699. 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 disability he is unable 
to mark his ballot, but for no other cause, must, upon request, receive 
the assistance of two of the judges, who shall represent different par- 
ties, 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 
the assistance of any person within the polling-place in the preparation 
of his ballot. 

Section 700. No person whomsoever, except a judge or judges of 
election, shall put into the ballot box any ballot, or any paper resembling 
a ballot, or any other thing whatsoever. Any person or persons violating 
the foregoing provision shall be guilty of a misdemeanor. Any judge 
or judges of election who shall knowingly permit a violation of any of 
the provisions in this section set forth shall be guilty of a felony and 
be punishable as in this section hereinbefore specified. The person offer- 
ing to vote must hand his ballot to the judge, 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. 

(As amended by Chapter 111, Laws of 1937.) 

Section 701. The judges must receive the ballot, and before deposit- 
ing 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 an- 
nounce the residence of the person voting, and the same must be recorded 
on each poll-book. 

Section 702. If the name be found on the official register in use 
at the precinct where the vote is offered, or if 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 703. 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 704. The judges of election in each precinct, at every gen- 
eral or special election, shall, in the precinct register 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 is permitted 
to vote the judges of election shall require the elector to sign his name 



68 ELECTION LAWS Ol^ MONTANA 

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: 

STATE OF MONTANA, I 

County of ' 

"We, the undersigned witnesses, do swear that our names and sig- 
natures 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 election, 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 thereon provided for. If the 
elector fails or refuses to sign his name, and, if unable to write, fails 
to procure two freeholders who will take the oath herein provided, he 
shall not be allowed to vote. Immediately after the election and can- 
vass of the returns, the judges of election shall deliver to the County 
Clerk the copy of said official precinct register, sealed, with the election 
returns and poll-book, which have been used at said election. 

Section 705. Each clerk must keep a list of persons voting, and 
the name of each person who votes must be entered thereon and num- 
bered in the order voting. Such list is known as the poll-list and forms 
a part of the poll-book of the precinct. 

Section 706. 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 pardoned. 

Section 707. 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." 

Section 708. 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 709. If the challenge is on the ground that the person chal- 
lenged has been convicted of a felony, the judges must tender him the 
following oath: 

"You do swear (or affirm) that vou have not been convicted of a 
felony." 



ELECTION LAWS OP MONTANA 69 

Section 710. Challenges upon the ground- eithi 

1. That the person challenged i> not the person whose name ap- 
pears on that official register; or 

That the person has before voted that day. are determined in favor 
of the person challenged by his taking the oath tendered. 

2. A challenge upon the ground that the person challenged has 
been convicted of a felony and not pardoned must be determined in 
favor of the person challenged on his taking the oath tendered, unless 
the fact of 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 following oath: "You do swear that you have 
not been convicted of any felony other than that for which a pardon is 
now exhibited." 

Upon taking this oath the person challenged must be permitted to 
vote if otherwise qualified, unless a conviction of some other felony be 
proved, as in this section provided for the proof of a conviction. 

Section 711. Challenges 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 712. If any person challenged refuses to take the oaths 
tendered, or refuses to be sworn and to answer the questions touching 
the matter of residence, he must not be allowed to vote. 

Section 713. If the challenge is determined against the person of- 
fering 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. 

Section 714. 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. 



VOTING BY ABSENT ELECTORS 

Section 715. 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 or special 
election, or primary election for the nomination of candidates for such 
general election, or any municipal general, special, or primary election, 
may vote at any such election as hereinafter provided. 

Section 716. At any time within thirty days next preceding 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 appli- 
cation 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. 



70 ELECTION LAWS OF MONTANA 

Section 717. Application for such ballots shall be made on a blank 
to be furnished by the County Clerk of the county of which the ap- 
plicant is an elector, or the City or Town Clerk, if it be municipal, 
general, special, or primary election, 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 am to the best of my knowledge and belief entitled to 
vote in such precinct in the next election, expecting to be absent from 
the said county on the day for holding such election, hereby make ap- 
plication for an official ballot to be voted by me at the said election. 



Postoffice address to which ballot is to be mailed. 

STATE OF | 

[ss. 
County of I 

On this day of , personally appeared 

before me , who being first duly sworn, 

deposes and says that he is the person who signed the foregoing appli- 
cation, that he has read and knows the contents of same and knows to 
his own knowledge the matters and things therein stated are true." 



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

Section 718. The voter making such application shall forward by 
mail or deliver in person the same to the County Clerk of the county 
in which he is registered and it shall be the duty of the said County 
Clerk to look up the applicant's registration card and compare the 
signature on the application for absent voter's ballot and the registration 
card and if convinced the person making the application for absent 
voter's ballot and the person who signed the original registration card 
is one and the same person, he shall accept the same in good faith 
and deliver the ballot as provided in Section 719. 

Section 719. 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 applica- 
tion 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 
received by the County or City or Town Clerk before the delivery of 
the official ballots to the judge of election. 

Section 720. Upon receipt of such application, properly filled out 
and duly signed, or as soon thereafter as the official 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 pre- 
paid, 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 on the front thereof the 
name, official title and postoffice address of such County or City or 



KLKCl'ION JL.AWS OF MONTANA 71 

Town Clerk, and upon the other side a printed affidavit, in substan- 
tially the following form: 

State of 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 resi- 
dence on the day of holding such election and that I will have no oppor- 
tunity 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 be- 
fore 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 enclosed 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 721. Such voter shall make and subscribe the said affidavit 
before an officer authorized by law to administer 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 of- 
ficer authorized by the laws of this State to take acknowledgment of 
instruments without the state, and such voter shall thereupon, in the 
presence of such officer and of no other person, mark such ballot or 
ballots, but in such manner that such officer cannot see the vote, and 
such ballot or ballots thereupon, in the presence of such officer, shall 
be folded by such voter so that each ballot shall be separate, and so 
as to conceal the vote, and shall be, in the presence of such officer, placed 
in such envelope securely sealed with mucilage and in addition thereto 
sealing wax in not less than two places thereon, the sealing wax to 
contain the impression of the official seal of the officer administering 
the oath. Said officer shall thereupon append his signature and official 
title and affix his seal at the end of said jurat and affidavit. 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 722. Upon receipt of such envelope, such County or City or 
Town Clerk shall forthwith enclose the same, unopened, together with 
the written application of such absent voter in a larger envelope, which 
shall be securely sealed and endorsed with the name of 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 723. In case such envelope is received by such clerk prior 
to the delivery of the official ballots to a judge of election of the pre- 
cinct in which such absent voter resides, said larger envelope, contain- 
ing the said voter's envelope, and his said application, as above provided, 
shall be delivered to the judge of election of such precinct, to whom 



72 ELECTION LAWS OF MONTANA 

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 endorsing the latter as provided in the foregoing section, ad- 
dress and mail the larger envelope, postage prepaid, to the said judge 
of election of said precinct, as hereinafter further provided. 

Section 724. The ballot or ballots to be delivered or marked by such 
absent voter shall be one of the regular official 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 delivered, and at the time of the delivery of such ballots, 
a certificate stating the numbers of ballots delivered or mailed to ab- 
sent voters, 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 725. The judges of election, at the opening of the polls, 
shall note on the poll-lists, 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" opposite such numbers. 

The judges shall not allow any names to be inserted in the poll- 
list on the lines corresponding to said numbers, except the name of 
the elector entitled to each particular number according to the cer- 
tificate 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 appli- 
cation and the absent voter's envelope provided for the purpose by 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 separate enclosing envelope for the ballot 
or ballots of each absent voter whose ballot or ballots may have be< n 
rejected, and such envelopes shall be placed in an envelope together witli 
the other ballots, and shall not be opened without order of a court of 
competent jurisdiction. 

Section 726. 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 days as 
provided in Section 716 may vote before he leaves his county, in like 
mannei i 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 727. At any time between the opening and closing 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 
vi iter to such application, with the signature to such affidavit. 



ELECTION LAWS OP MONTANA 73 

In case the judge find the affidavit is sufficient and that the sig- 
natures 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 arc still 
attached to the ballot or ballots, and whether the number thereon cor- 
responds to the number in the County or City or Town Clerk's cer- 
tificate. If so, they shall endorse the same in like manner that other 
ballots are endorsed, shall detach the stub as in other cases, and de- 
posit 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 elec- 
tion 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, it be found that the stub 
of any ballot has been detached, or that the number thereon does not 
correspond to the number in the County or City or Town Clerk's cer- 
tificate of the number issued to such absent voter, the ballot shall be 
rejected and it shall then and there, and without looking at the face 

thereof, 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 application, shall 
be all 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" (writing in the name of the elector). "The rejected ballot 
or ballots is or are " The judges shall desig- 
nate the rejected ballot as "General ballot," if it be a ballot for candi- 
dates that are rejected. If the rejected ballot be a one put on a ques- 
tion 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 (are) required to be placed and shall 
not be opened without an order of a court of competent juridiction. 
The County or City or Town Clerk shall provide and have delivered to 
the judge of election suitable envelopes for enclosing rejected absent 
voters ballots. 

Section 728. 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 mark- 
ings 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 729. Any qualified elector who has marked his ballot as 
hereinbefore provided, who shall be in his precinct on election day, 



74 ELECTION LAWS OF MONTANA 

shall be permitted to vote in person, provided his said ballot has not 
already been deposited in the ballot-box. 

Section 730. 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- 
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 defective," and deposited in 
the ballot-box, such elector so appearing shall have the same right to 
vote as if he had not attempted to vote as an absent voter. If voting 
machines are there used, he shall vote by machine as other voters. 

Section 731. If the aforesaid envelope containing an absent-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 732. If any person shall wilfully swear falsely to any affi- 
davit in this Act provided for, he shall, upon conviction 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 these duties prescribed 
by this Act, or shall violate any of the provisions thereof, or if any 
officer taking the affidavit provided for in Section 720 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 im- 
prisonment. 

Section 733. 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 suffi- 
cient printed ballots and sufficient in number for possible absent voters, 
and also poll-books and ballot-boxes such as lists required for the pre- 
cincts in which printed ballots are used. Absent voters' ballots received 
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, can- 
vassing, 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 ac- 
cordingly. 

Section 734. In case any elector who shall have taken advantage 
of the provisions of this Act, and marked his ballot 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 before the close of the polls, it shall be his duty so to go to 
the said voting place, and if he shall wifully neglect so to do, he shall be 



ELECTION LAWS OF MONTANA 75 

deemed guilty of a misdemeanor and, upon conviction thereof, shall be 
punished by a fine of not more than One Hundred Dollars or by im- 
prisonment 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 735. 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 provision of this law, in any manner violate any of the 
provisions of this Act, or 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 in 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 resident 
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. 

VOTING MACHINE— CONDUCT OF ELECTION— 
. WHEN USED 

Section 757. The Governor, Secretary of State, and State Auditor, 
and their successors in office, are hereby created and constituted 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 deter- 
mine whether such machines comply with the requirements of this Act 
and can safely be used by voters at elections under the provisions of 
this Act, and no machine or 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 compensa- 
tion 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 ma- 
chine or machines, transmit to the Board of County Commissioners, City 
Council or other board of officers having charge and control of elections 
in each of the counties and cities of this State, a list of the machines so 
approved. No machine or machines shall be used unless they shall have 
received the approval of the state board at least sixty days prior to any 
election at which such machine or machines are to be used. The com- 
pensation of the mechanics and all other expenses connected with the 
examination of any machine shall be paid, or caused to be paid, by the 
person or company submitting the machine for examination before the 
filing of the report thereon. The amount of such expenses shall be certi- 
fied by the State Auditor and paid to the State Treasurer. 

Section 758. No machine or machine system shall be approved by 
the commission unless it be so constructed as to afford every elector a 
reasonable opportunity to vote for any person or any office, or for or 
against any proposition for whom, or for or against which he is by law 



76 ELECTION LAWS OP MONTANA 

entitled to vote, and enable him to do this in secrecy; and it must be 
so constructed as to preclude an elector from voting for an}' candidate 
for the same office or upon any question more than once, and from 
voting for any person for an}' 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 the 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 the candidates 
for all presidential electors of that party, and a vote registered or re- 
corded by the use of such device shall be counted for each of such candi- 
dates on said ballot. The machine must be constructed so that it cannot 
be tampered 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 any candidate. 

Section 759. The Board 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, 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 election is held, unite two or more precincts into one 
for the purpose of using therein at such election a voting machine, and 
the notice of such uniting shall be given in the manner prescribed by 
law for the change of election districts. 

Section 760. Payment for voting machines purchased may be pro- 
vided by the issuance of interest-bearing bonds, certificates of indebted- 
ness, or other obligations, which will be a charge upon such county, 
city, or town. Such bonds, certificates, or other obligation may be made 
payable at such time or times, not exceeding ten years from the date 
of issue, as may be determined, but shall not be issued or sold at less 
than par. 

Section 761. The room in which the election is held shall have a 
railing separating that part of the room to be occupied by the election 
officers from that part of the room occupied by the voting machine. The 
exterior of the voting machine and every part of the polling-place shall 
be in plain view of the judges. The machine shall be so placed that no 
person on the opposite side of the railing can see or determine how 
the voter casts his vote, and that no person can so see or determine 
from the outside of the room. After the opening of the polls, the judges 
shall not allow any person to pass within the railing to that part of 
the room where the machine is situated, except for the purpose of vot- 
ing and except as provided in the next succeeding section of this Act; 
and they shall not permit more than one voter at a time to be in such 
part of the room. They shall not themselves remain or permit any 
person to remain in any position that would permit him or them to see 
or ascertain how the voter votes or how he has voted. No voter shall 
remain within the voting machine booth or compartment longer than one 
minute, and if he should refuse to leave it after that lapse of time 
he shall at once be removed by the judges. The election board of each 
election precinct in which a voting-machine is used shall consist of 



ELECTION LAWS OF MONTANA 77 

three judges of election. Where more than one machine is to be used 
in an election precinct, one additional judge shall he appointed lor 
each additional machine. Before each election at which voting machines 
are to be used, the custodian shall instruct all judges of election that 
are to serve thereat in the use of the machine and their duties in con- 
nection therewith; and he shall give to each judge that has received 
such instruction, and is fully qualified to conduct the election with the 
machine, a certificate to that effect For the purpose of giving such 
instruction, the custodian 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 instructions 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 services on elec- 
tion 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 ma- 
chine, and has received a certificate to that effect from the custodian 
of the machines; provided, however, that this shall not prevent the ap- 
pointment of a judge of election to fill a vacancy in an emergency. 

Section 762. If any voter shall, in the presence of the judges of 
election, declare that he is unable to read or write the English language, 
or that by reason of a physical disability or total blindness he is unable 
to register or record his vote upon the voting machine, he shall be 
assisted as provided by Section 699. Any person who shall deceive any 
elector in registering or recording his vote under this section, or who 
shall register or record his vote in any other way than as requested by 
such person or who shall give information to any person as to what 
ticket or for what person or persons such person voted, shall be pun- 
ished as provided in Section 10753 of the Penal Code. 

Section 763. Not more than ten (10) or less than three (3) 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 
newspapers representing at least two (2) 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 exhibition; a voting machine shall at all times 
be on exhibition for public demonstration in the office of the County 
Clerk and Recorder in the counties where said voting machines are 
used, and it shall be the duty of the said County Clerk and Recorder 
to demonstrate and explain the working and operation of said voting 
machine to any inquiring voter; or in lieu of such publication, said 
board of officials may send by mail or otherwise at least three (3) 
days before the election, a printed copy of said reduced diagram to 
each registered voter. Not later than forty (40) days before each elec- 
tion at which voting machines are to be used, the Secretary of State 
shall prepare samples of the printed matter and supplies named in this 
section, and shall furnish one of each thereof to the board or officials 
having charge of election in each county, city, or village in which the 
machines are to be used, such samples to meet the requirements of the 
election to be held, and to suit the construction of the machine to be 
used. The board of officials charged with the duty of providing ballots, 
shall provide for each voting machine for each election the following 
printed matter and supplies; suitable printed or written directions for the 
election; one certificate on which the custodian can certify that he has 
properly tested and prepared the voting machine for the election; one 
certificate on which some person other than the custodian preparing the 



78 ELECTION LAWS OF MONTANA 

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 verify that they have witnessed the 
testing and preparation of the machines; one certificate on which the 
deliverer of the machine can certify that he has delivered the machines 
to the polling-places in good order; one card stating the penalty for 
tampering with or injuring a voting machine; two seals for sealing the 
voting machine; one envelope in which the keys to the voting machine 
can be sealed and delivered to the election officers, said envelope to have 
printed or written thereon the designation and location of the election 
district in which the machine is to be used, the number of machine, the 
number shown on the protective counter thereof after the machine has 
been prepared for the election and the number or other designation on 
such seal as the machine is sealed with; said envelope to have attached 
to it a detachable receipt for the delivery of the keys of the voting ma- 
chine to the judge of election; one envelope in which keys to the voting 
machine can be returned by the election officers after the election; one 
card stating the name and telephone address of the custodian on the day 
of the election; two statements of canvass on which the election officers 
can report the canvass of the votes as shown on the voting machine, 
together with other necessary information relating to the election, said 
statement of canvass to take the place of all tally papers, statements, 
and returns as provided heretofore; three (3) 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 machine; six (6) suitable printed instructions to 
judges of election; six (6) notices to judges of election to attend the 
instruction meeting; six (6) certificates that the judges of election 
have attended the instruction meeting, have received the necessary in- 
struction, and are qualified to conduct the election with the machine. 
The ballot labels shall be printed in black ink on clear white material 
of such size and arrangement as shall suit the construction of the ma- 
chine; provided, however, that the ballot labels for the questions may 
contain a condensed statement of each question to be voted on, followed 
by the words "Yes" and "No;" and provided further, that the titles 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 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 nomi- 
nation is required to be filed, a written statement indicating the party 
designation under which he desires his name to appear upon the ballot, 
and it shall be so printed. If he shall refuse or neglect to so file such a 
statement, the officer with whom the certificate of nomination is re- 
quired to be filed shall place his name under the designation of either 
of the parties nominating him, but under no other designation whatso- 
ever. If the election be one at which all the candidates for office of 
Presidential Electors are to be voted for with one device, the County 
Commissioners shall furnish for each machine twenty-five (25) ballots 
for each political party, each ballot containing the names of the candi- 
dates for the office of Presidential Electors of such party and a suitable 
space for writing in names, so that the voter can vote thereon for part 
of the candidates for the office of Presidential Electors of one party 
and part of the candidates therefor of one or more other parties or for 
persons for that office not nominated by any party. For election pre- 
cincts 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 



KI.1MTIOX LAWS OF MONTANA 79 

shall contain a column in which can be entered the number of each 
voter's hallot as indicated hy the number registered on the public counter 
as he emerges from the voting machine. 

Section 764. The City or County Clerks or each city or county in 
which a voting machine is to be used shall cause the proper ballots to 
be put upon each machine corresponding with the same ballots he-ein 
provided for, and the machines in every way put in order, set and ad- 
justed ready for use in voting when delivered at the precinct, and for 
the purpose of so labeling the machines, putting in order, setting and 
adjusting the same, they may employ one or more competent persons, 
and they shall cause the machine so labeled, in order and set and ad- 
justed, to be delivered at the voting precinct, together with all necessary 
furniture and appliances that go with the same in the room where the 
election is to be held in the precinct, in time for the opening of the 
polls on election day; provided, however, that a shield of tin painted 
black made to conform with the shape of the keys or levers on said 
voting machine, shall be placed over the keys or levers not in use on 
the face of the ballot of the voting machine; said shields to be plainly 
marked with the words "not in use;" and provided that a space of at 
least one row of keys or levers be left vacant and marked "not in use" 
between the rows assigned to the two parties obtaining the largest num- 
ber of votes cast at the previous general election; and provided, also, 
that the general ballot used on the voting machines shall conform in the 
location of the various parties and the location of the various names of 
the candidates, with the paper ballots used in the precincts where voting 
machines are not in use. Thus the party assigned to the first vertical 
column on the paper ballot be given the first vertical column or the top 
horizontal row on the voting machine; the party assigned to the second 
vertical column on the paper ballot be given the second vertical column, 
or the second horizontal row to be voted on the voting machine. The 
judges shall compare the ballots on the machine with the sample ballot, 
see that they are correct, examine and see that all counters, if any, 
in the machine are set at zero, and that the machine is otherwise in 
perfect order, and they shall not thereafter permit the machine to be 
operated or moved except by electors in voting, and they shall also see 
that all necessary arrangements and adjustments are made for voting 
irregular ballots on the machine, if such machine be so arranged. 

Section 765. In case a voting machine be adopted which provides 
for the registry or recording of votes for candidates whose names are 
not on the official ballot, such ballot shall be denominated irregular 
ballots. A person whose name appears on a ballot, or on or in a ma- 
chine or machine system, shall not be voted for for the same office or 
on or in any regular device for casting an irregular ticket, and any 
such vote shall not be counted, except for the office of Presidential 
electors, and an elector may vote in or on such irregular device for one 
or more persons nominated by one party with one or more persons nomi- 
nated by any one or all other parties, or for one or more persons nomi- 
nated by one or more parties with one or more persons not in nomina- 
tion, or he may vote in such irregular device a Presidential Electoral 
ticket composed entirely of names of persons not in nomination. 

Section 766. 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 re- 
cording compartments 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 canvass, record, announce, 
and return the same as provided by law. 

Section 767. The judges, as soon as the count is completed and 
fully ascertained, shall place the machine for one hour in such a po- 



SO ELECTION LAWS OF MONTANA 

sition that the registering or recording compartments will be in full 
view of the public and any person desiring to view the number of votes 
cast for each person voted for at the election, must be permitted to do 
so. Immediately after the above said one hour shall have expired the 
judges shall seal, close, lock the machine or remove the record so as to 
provide against voting or being tampered with, and in case of a machine 
so sealed or locked, it shall so remain for a period of at least thirty 
(30) days, unless opened by order of a court of competent jurisdiction. 
When irregular ballots have been voted, the judges shall return them in 
a properly sealed package endorsed "irregular ballots," and indicating 
the precinct and county and file such package with the City or County 
Clerk. It shall be preserved for six (6) months after such election and 
may be opened and its contents examined only upon an order of a court 
of competent jurisdiction; at the end of such six (6) months unless 
ordered otherwise by the court, such package and its contents shall be 
destroyed by the City or County Clerk. All tally sheets taken from such 
machine, if any, shall be returned in the same manner. The officers 
heretofore charged with the duty of furnishing tally sheets and returns 
blanks shall furnish suitable returns blanks and certificates to the of- 
ficers 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 provision for 
writing in of the vote of such candidate in figures and shall also pro- 
vide for writing in of the vote in words. Such return sheet shall also 
provide for the return of the vote on questions. It shall also have a 
blank thereon, on which can be marked the precinct, ward, etc., of 
which said return sheet bears the returns and the number and make of 
the machine used. Said return sheet shall also have a certificate thereon, 
to be executed before the polls open by the judges of election, stating 
that all counters except the protective counter, if any, and except as 
otherwise noted thereon, stood at "000" at the beginning of the election, 
and that all of said counters had been carefully examined before the 
beginning of the election; that the ballot labels were correctly placed on 
the machine and correspond to the sample ballot, and such other state- 
ments as the particular machine may require; and shall provide for the 
signature of the election officers. Said return sheets 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 prop- 
erly specify the procedure of canvassing the vote and locking the ma- 
chine, etc., for the particular type of machine used, and such certificate 
shall be such that the election officers can properly subscribe to it as 
having been followed and shall have provisions for the signature of the 
election officers. The election officers shall conform their procedure to 
that specified in the certificate to which they must certify. The certifi- 
cate and attest of the election officers shall appear on each return sheet. 

Section 768. 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 pre- 
cincts where voting machines are used, in so far as they are not in 
conflict with the provisions of this chapter. 

Section 769. Any public officer, or any election officer upon whom 
any duty is imposed by this Act, who shall wilfully neglect or omit to 
perform any such duties, or do any act prohibited herein for which pun- 
ishment is not otherwise provided herein, shall, upon conviction, be im- 
prisoned in the state prison for not less than one year or more than 
three years, or be fined in any sum not exceeding One Thousand Dollars, 
or may be punished by both such imprisonment and fine. 



ELECTION LAWS OP MONTANA 81 

Section 770. Any person not being an election officer who, (hiring 
any ckction or before any election, alter a voting machine has had placed 
upon it the ballots for such election, shall tamper with such machine, 
disarrange, deface, injure, or impair, the same in any manner, or muti- 
late, injure, or destroy any ballot placed thereon or to be placed thereon. 
or ail}- Other appliance used in connection with such machine, sjiall 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 he punished by both 
such fine and imprisonment. 

Section 771. Whoever, being a judge of election, with intent to per- 
mit 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 appliance thereof, or who causes or consents to said 
machine being used for voting at any election with knowledge of the fact 
that the same is not in order or not perfectly set and adjusted, so that 
it will correctly register or record all votes cast thereon, or who, for the 
purpose of defrauding or deceiving any voter, or causing it to be doubt- 
ful for what ticket or candidate or candidates or proposition any vote 
is cast, or of causing it to appear upon said machine that vote- 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 Thousand Dollars, or punished by both such fine and im- 
prisonment. 

Section 772. Any judge or clerk of an election who shall purposely 
cause the vote registered or recorded on or in such machine to be in- 
correctly taken down as to any candidate or proposition voted on, or 
who shall knowingly cause to be made or signed any false statement, 
certificate, or return of any kind, of such vote, or who shall knowingly 
consent to such things, or any of them, heing done, shall be imprisoned 
in the state prison not more than ten years, or fined not more than 
One Thousand Dollars, or punished by both such fine and imprisonment. 

Section 773. The proper officers authorized by this Act to adopt 
voting machines, may provide for the experimental use of an election 
in one or more precincts, of a machine approved by the Montana Voting 
Machine Commission without a formal adoption or purchase thereof 
and its use at such election shall be as valid for all purposes as if 
formally adopted. If from any cause a machine becomes unworkable, or 
unfit for use, voting shall proceed as in cases where machines are not 
used, and the County Clerk must furnish each voting place with the 
supply of ballots and other supplies required by the election laws to be 
used in the case of emergency herein provided for, and in such case only. 

ELECTION RETURNS 

Section 774. As soon as the polls are closed, the judges must im- 
mediately proceed to canvass the votes given at such election. The 
canvass must be public in the presence of bystanders and must be con- 
tinued without adjournment until completed and the result thereof is 
publicly declared. 

Section 775. The canvass must commence by a comparson 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 unopened except to ascertain 
whether each ballot is single, and count the same to determine whether 
the number of ballots corresponds with the number of names on the poll- 
lists. If two or more ballots are found so folded together as to present 



82 ELECTION LAWS OF MONTANA 

the appearance of a single ballot, they must be laid aside until the 
count of the ballots is completed, and if, on comparing the count with 
the poll-lists and further considering the appearance of 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 776. If the ballots then are found to exceed in number the 
whole number of names on the poll-lists, 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 in 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 777. In the canvass of the votes, any ballot which is not 
endorsed as provided in this Code 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 778. The ballots and poll-lists agreeing or being made to 
agree, the judges must then proceed 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 
thereof, while exposed to the view of the other judges, must be dis- 
tinctly 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 num- 
ber of votes for each person. The tally-sheets must then be compared 
and their correctness ascertained, and the clerks must, under the super- 
vision of the judges, immediately thereafter set down, at length and in 
their proper places in the poll-books the names of all persons voted for, 
the offices for which they respectively received votes, and the total 
number of votes received by each person, as shown by the tally-sheets. 
No ballot or vote rejected by the judges must be included in the count 
provided for in this section. 

Section 779. The ballots, as soon as read or rejected for illegality, 
must be strung upon a string by one of the judges, and must not there- 
after be examined by any person, but must, as soon as all legal ballots 
are counted, be carefully sealed in a strong envelope, each member of 
the judge writing his name across the seal. 

Section 780. Any ballot rejected for illegality must be marked by 
the judges, by writing across the face thereof "Rejected on the ground 

of ," filling the blank with a brief 

statement of the reasons for the rejection, which statement must be dated 
and signed by a majority of the judges. 

Section 781. 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 of Section 600 of 
this Code. 

Section 782. The judges must, before they adjourn, inclose 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- 



ELECTION LAWS OF MONTANA S3 

sheets, and the official oaths taken by the judges and clerks of election; 
and must inclose in a separate package or envelope, securely scaled 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 
inclose in a separate package or envelope, securely sealed up and directed 
to the County Clerk, all ballots voted, including all voted ballots which, 
for any reason, were not counted or allowed, and indorse on the outside 
thereof "Ballots Voted." Each of the judges must write his name across 
the seal of each of said envelopes or packages. The judges must select 
one of their number, who must forthwith deliver over to the Clerk of 
the District Court the other list of persons challenged, the other tally- 
sheet, and the other poll-book, and all of these must be open to the 
inspection of all electors for six (6) months thereafter. The ballot box 
must be returned to the County Clerk. 

(As amended by Chapter 112, Laws of 1937.) 

Section 784. The sealed envelope containing the check-lists, certifi- 
cates of registration, poll-book, 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 otherwise agreed upon. 

Section 785. 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 election for such precinct was held, and 
register and mail the same, duly directed to the said clerk. 

Section 786. 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 con- 
test commenced in some tribunal having jurisdiction about such election, 
he must burn such packages, or envelopes, without opening or examining 
their contents. 

Section 787. If, within twelve months, there is such a contest com- 
menced, he must keep the packages of envelopes unopened and unaltered 
until it is finally determined, when he must, as provided in the preced- 
ing section, destroy them, unless the same are by virtue of an order of 
the tribunal in which the contest is pending, brought and opened before 
it to the end that evidence may be had of their contents, in which event 
the package or envelopes and their contents are in the custody of such 
tribunal. 

Section 788. The envelopes containing the check-lists, certificates of 
registration, poll-book, tally-sheets, and oaths of election officers must 
be filed by the County Clerk and be kept by him, unopened and unaltered, 
until the Board of County Commissioners meet for the purpose of 
canvassing the returns, when he must produce them before such board, 
where the same shall be opened. 

Section 789. As soon as the returns are canvassed, the clerk must 
file in his office the poll-books, lists, and the papers produced before 
the board from the package mentioned in the next preceding section. 



84 ELECTION LAWS OF MONTANA 

CANVASS OF ELECTION RETURNS— RESULTS 
AND CERTIFICATES 

Section 790. The Board of County Commissioners of each county is 
ex-ofncio a Board of County Canvassers for the county, and must meet 
as the Board of County Canvassers at the usual place of meeting of the 
County Commissioners within ten days after each election, at twelve 
o'clock noon, to canvass the returns. 

Section 791. 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 supplied by one or more of the following 
county officers, whose 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 792. If, at the time of meeting, the returns from each pre- 
cinct 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 returns have not been received, the canvass 
must be postponed from 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 mes- 
senger 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 statement 
mentioned in Section 794. 

Section 793. 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 proposition voted 
upon at such election, and declaring the result thereof. In canvassing, 
no returns must be rejected if it can be ascertained therefrom the num- 
ber 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 per- 
form 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 returns are. 

Section 794. The clerk of the board must, as soon as the result is 
declared, enter on the records of such board a statement of such re- 
sult, which statement must show: 

1. The whole number of votes cast in the county. 

2. The names of the persons voted for and the propositions 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 such propositions. 



ELECTION LAWS OF MONTANA 85 

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

Section 795. The person receiving at any election the highest num- 
ber of votes for any office to be filled at such election is elected thereto. 

Section 796. 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 equal and sufficient number of votes to elect 
to the office of State Senator, or Member of the House of Representa- 
tives, it shall be the duty of the board, under the direction of and in 
the presence of the District Court, or Judges thereof, to recount the 
ballots cast for such persons, and the board shall declare elected the 
person or persons shown by the recount to have the highest number of 
votes. If such recount shall show that two or more such persons receive 
an equal and sufficient number of votes to elect to the same office, 
then, and in that event, the board shall certify such facts to the Governor. 

Section 797. The Clerk of the Board of County Commissioners must 
immediately make out and deliver to such person (except to the per- 
son elected District Judge) a certificate of election signed by him and 
authenticated with the seal of the Board of County Commissioners. 

Section 798. When there are members of the House of Representa- 
tives voted for by the electors of a district composed of two or more 
counties, each of the clerks of the counties composing such district, 
immediately after making out the statement specified in Section 794, 
must make a certified abstract of so much thereof as relates to the 
election of such officers. 

Section 799. The clerk must seal up such abstract, indorse it 
"Election Returns." and without delay transmit the same by mail to 
the Clerk of the Board of Commissioners of the county which stands 
first in alphabetical arrangement in the list of counties composing such 
district. 

Section 800. 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 persons elected 
a certificate of election (unless it is by law otherwise provided). 

Section 801. 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 vote of his county 
is made out and entered upon the records of the Board of County 
Commissioners, must make a certified abstract of so much thereof as 
relates to the votes given for persons for said offices to be filled at 
such election. 

Section 802. The clerk must seal up such abstract, endorse it, "Elec- 
tion Returns," and without delay transmit it by mail, registered, to the 
Secretary of State. 



86 ELECTION LAWS OF MONTANA 

Section 803. On the first Monday of December after the day of 
election, at twelve o'clock noon, the State Auditor, State Treasurer, 
and Attorney General, who constitute a Board of State Canvassers, must 
meet in the office of the Secretary of State and compute and determine 
the vote, and the Secretary of State, who is secretary of said board, 
must make out and file in his office a statement thereof and transmit a 
copy of such statement to the Governor. 

Section 804. If the returns from all the counties have not been 
received on the fifth day before the day designated for the meeting of 
the Board of State Canvassers, the Secretary of State must forth- 
with send a messenger to the Clerk of the Board of County Canvassers 
of the delinquent county, and such clerk must furnish the messenger 
with a certified copy of the statement mentioned in Section 794. The 
person appointed is entitled to receive as compensation Five Dollars 
per day for the time necessarily consumed in such service, and the 
traveling expenses necessarily incurred. His account therefor, certified 
by the Secretary of State, after being allowed by the Board of Ex- 
aminers, must be paid out of the general fund of the state treasury. 

Section 805. Upon receipt of such copy mentioned in Section 803, 
the Governor must issue commissions to the person who from it ap- 
pear 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 him- 
self, the Secretary of State must issue the commission. 

Section 806. No declaration of the result, commission, or certifi- 
cate must he withheld on account of any defect or informality in the 
return of any election, if it can with reasonable certainty be ascer- 
tained from such return what office is intended and who is elected 
thereto. 

Section 807. It is the duty of the Secretary of State to cause to 
be published, in pamphlet form, a sufficient number of copies of election 
laws and such other provisions of law as bear upon the subject of 
elections, and to transmit the proper number to each County Clerk, 
whose duty it is to furnish each election officer in his county with one 
of such copies. 

Section 808. The penalties for the violation of election laws are 
prescribed in Sections 10747 to 10820 of the Penal Code. 



FAILURE OF ELECTIONS— PROCEEDINGS ON TIE VOTE 

Section 809. In case of a failure, by reason of a tie vote or other- 
wise, to elect a Representative in Congress, the Secretary of State must 
transmit to the Governor a certified statement showing the vote cast 
for such persons voted for, and in case of a failure to elect, by reason 
of a tie vote or otherwise, the Governor must order a special election. 

Section 810. In case any two or more persons have an equal and 
highest number of votes for either Governor, Lieutenant Governor, Sec- 
retary of State, Attorney General, State Auditor, State Treasurer, Clerk 
of the Supreme Court, Superintendent of Public Instruction, or any 
other state executive officer, the Legislative Assembly, at its next regular 
session, must forthwith, by joint ballot of the two houses, elect one of 
such persons to fill such office; and in case of a tie vote for Clerk of 
the District Court, County Attorney, or for any county officer except 
County Commissioners, 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 Commis- 



ELECTION LAWS OF MONTANA 87 

sioner, the District Judge of the county must appoint an eligible person 
to fill the office, as in other cases of vacancy. 

Section 811. In case of a tie vote for state officers, as specified 
in the preceding section, it is the duty of the Secretary of State to 
transmit to the Legislative Assembly, at its next regular session, a cer- 
tified 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 812. In case any two or more persons have an equal and 
highest number of votes for Justice of the Supreme Court, or Judge 
of a District Court, the Secretary of State must transmit to the Gov- 
ernor 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. 



NONPARTISAN NOMINATION AND ELECTION OF JUDGES 
OF SUPREME COURT AND DISTRICT COURT 

Section 812.1. That hereafter all candidates for the office of Justice 
of the Supreme Court of the State of Montana or Judge of the District 
Court in any judicial district of the State of Montana, shall be nominated 
and elected in accordance with the provisions of this Act and in no 
other manner. 

Section 812.2. Candidates for any office within the provisions of 
this Act, to be filled at any election to be held in the State of Montana, 
shall be nominated in the manner herein provided at the regular pri- 
mary nominating election provided by law for the nomination of other 
candidates for other offices to be filled at such election, and all laws 
relating to such primaries shall continue to be in force and to be ap- 
plicable to the said offices in so far as may be consistent with the pro- 
visions of this Act. 

Section 812.3. All persons who shall desire to become candidates 
for nomination to any office within the provisions of this Act shall pre- 
pare, sign and file petitions for nomination in compliance with the 
requirements of the primary election laws, which petition for nomina- 
tion shall be substantially in the following form: 

To (Name and title of officer with 

whom the petition is to be filed), and to the electors of the 

(State or counties of comprising the district 

or county, as the case may be) in the State of Montana: 

I , reside at 

and my post office address is I am a candidate 

on the nonpartisan judicial ticket for the nomination for the office of 

at the primary nominating election to be 

held in the (State of Montana or district or county), 

on the day of , 19 and 

if I am nominated as the candidate for such office I will accept the 
nomination and will not withdraw, and if I am elected, I will qualify 
as such officer. 

Provided, however, that no such petition for judicial office shall 
indicate the political party or political affiliations of the candidate, and 
provided further that no candidate for judicial office may in his petition 
for nomination state any measures or principles he advocates, or have 



88 ELECTION LAWS OF MONTANA 

any statement of measure or principle which he advocates, or any slogans, 
after his name on the nominating ballot as permitted by Section 641. 

Each person so filing a petition for nomination shall pay or remit 
therewith the lee prescribed by law for the filing of such petition for 
the particular judicial position for which he aspires for nomination. All 
such petitions for Justices of the Supreme Court and Judges of the 
several District Courts of the State shall be filed with the Secretary of 
State. 

Section 812.4. On receipt of each of such petitions the Secretary of 
State shall make corresponding entries in the "Register of Candidates 
for Nomination" as now provided by law, but on a page or pages of 
such register apart from entries made with reference to the district 
candidates of political parties. 

Section 812.5. At the same time and in the same manner as by law 
he is required to arrange and certify the names of candidates for other 
state offices the Secretary of State shall separately arrange and certify 
and file as required by law, the names of all candidates for judicial office, 
certifying to each County Clerk of the State the names of all candi- 
dates for judicial office entitled to appear on the primary ballot in his 
county, with all other information required by law to appear upon the 
ballot, which lists of judicial candidates shall be made upon separate 
sheets of paper from the lists of candidates to appear under party or 
political headings. 

Section 812.6. At the same time and in the same manner as he is 
by law required to prepare the primary election ballots for the several 
political parties, the County Clerk of each county shall arrange, pre- 
pare, and distribute official primary ballots for judicial offices which 
shall be known and designated and entitled "Judicial Primary Ballots," 
which shall be arranged as are other primary ballots, except that the 
name of no political party shall appear thereon. The same number of 
official judicial primary ballots and sample ballots shall be furnished for 
each election precinct, as in the case of other primary election ballots. 

Section 812.7. Each elector having the right to vote at a primary 
election shall be furnished with a separate "Judicial Primary Ballot" 
at the same time and in the same manner as he or she is furnished 
with other ballots provided by law and each elector, without regard to 
political party, may mark such "Judicial Primary Ballot" for one or 
more persons of his choice for judicial nominations, depending on the 
number to be nominated and elected, which shall be deposited in the 
general ballot box provided. The official number of such judicial pri- 
mary ballot so delivered and voted shall correspond to the official 
number of the regular ballot of the elector. Every elector shall be 
entitled to vote, without regard to politics, for one or more persons 
of his choice for nomination for judicial office, depending on the num- 
ber of places to be filled at the succeeding general election. Different 
terms of office for the same position shall be considered as separate 
offices. 

Section 812.8. After the closing of the polls at a primary election, 
the election officers shall separately count and canvass the judicial pri- 
mary ballots and make record thereof, and certify to the same, show- 
ing the number of votes cast for each person upon the judicial primary 
ballot, in addition to certifying the party vote or other matters voted 
upon as required by law. Judicial ballots, their stubs, and unused bal- 
lots, shall be disposed of in the same manner as other ballots, stubs 
and unused ballots, and all returns made in the same manner now pro- 
vided by law. 



ELECTION LAWS OF MONTANA 89 

Section 812. 9. The candidates for nomination at any primary elec- 
tion for an}- office within the provisions of this Act, to be filled at tin- 
succeeding general election, equal in number to twice the number to 
be elected at the succeeding general election, who shall have received at 

any such primary election the highest number of votes cast for nomi- 
nation to the office for which they are candidates (or if the number 
of all of the candidates voted for a- aforesaid he not more than twice 
the number to be elected, then all the candidates) shall be tin nomi- 
nees for such office; and their names, and none other, except as herein- 
after provided, shall be printed as candidates for such respective offices 
upon the official ballots which are provided according to law for use 
at such succeeding primary or general election; provided that no candi- 
date shall be entitled to have his name placed on the judicial ballot 
at the general election, in any form, unless he shall have been a succeNsful 
candidate at the primary election. 

Section 812.10. In case of a tie vote, candidates receiving tie vote 
for Justice of the Supreme Court or Judge of the District Courts shall 
appear and cast lots before the Secretary of State on the fifth day after 
such vote is official canvassed. In case any such candidate or candidates 
shall fail to appear either in person or by proxy in writing, before twelve 
o'clock noon of the day appointed, the Secretary of State shall by lot 
determine the candidate whose name will be certified for the general 
election and printed on the official ballot. 

Section 812.11. If after any primary election, and before the suc- 
ceeding general election, any candidate nominated pursuant to the pro- 
visions of this Act, shall die or by virtue of any present or future law 
become disqualified from or disentitled to have his name printed on the 
ballot for the election, a vacancy shall be deemed to exist which shall 
be filled by the otherwise unnominated and not disentitled candidate 
for the same office next in rank with respect to the number of vote- 
received in such primary election. If after the primary, and before the 
general election, there should not be any candidate nominated and living 
and entitled to have his name printed on the ballot for any office which 
is within the provisions of this Act, or not enough of such candidates 
to equal the number of persons to be elected to such office, then the 
Governor in the case of Justice of the Supreme Court and Judges of 
the District Courts is authorized and empowered to certify to the Secre- 
tary of State the names of persons qualified for such office or offices 
equal in number to twice the number to be elected at the general election, 
and the names of the persons so nominated shall thereupon be printed 
on the official ballot in the same manner as though regularly nominated 
at the judicial primary election. Nominations so made by the Governor 
to fill a vacancy shall not be deemed filed too late if filed within ten 
days after the vacancy occurs, and in case the ballots for the election 
have already been printed, stickers may be used to place the names of 
such candidate upon ballot. 

Section 812.12. Omitted. Repealed by Chapter 81, Laws of 1939. 

Section 812.13. It shall be unlawful for any political party to en- 
dorse any candidate for the office of Justice of the Supreme Court or 
Judge of a District Court, and anyone who in any way participates 
in such endorsement by any political party, or who purports to act on 
behalf of any political party in endorsing any candidate, shall be guilty 
of a misdemeanor. 

Section 812.14. In all counties of the State where voting machines 
are now, or may hereafter be used in any elections, it shall be the duty 
of the Clerk and Recorder to arrange the judicial ballot in both the 
primary and general elections in the vertical column or horizontal row 



90 ELECTION LAWS OF MONTANA 

or space, immediately following the column, row or space assigned the 
first major political party immediately preceding the column, row or 
space assigned the second major political party. 

Section 812.15. All Acts and parts of Acts in conflict herewith are 
hereby repealed, and all laws pertaining to elections, both primary and 
general, and to special elections, not in conflict herewith are hereby 
declared applicable to the nomination and election of the officers herein 
referred to. 

PRESIDENTIAL ELECTORS— HOW CHOSEN— DUTIES 

Section 813. At the general election in November, preceding the 
time fixed by 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. The names of the Presidential Electors shall appear on the 
ballot and in addition thereto, preceding them, shall appear the names of 
the Presidential and Vice-Presidential candidates in their respective party 
designated columns. No square shall appear in front of the names of 
the Presidential Electors instead of which there shall be one square in 
front of the names of the Presidential and Vice-Presidential candidates. 
The ballot shall also have the following directions printed thereon: "To 
vote for the Presidential Electors of any party, the voter shall place a 
cross in the square before the names of the candidates for President and 
Vice-President of said party." The number of votes received by Presi- 
dential and Vice-Presidential candidates shall, within the meaning of 
this Act, be the number of votes to be credited to each of the Electors 
representing them. 

Section 814. 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 815. The Governor must transmit to each of the electors 
a certificate of election, and on or before the day of their meeting de- 
liver to each of the electors a list of the names of electors, and must 
do all other things required of him in the premises by any Act of Con- 
gress in force at the time. 

Section 816. The electors must assemble at the seat of government 
the first Monday after the second Wednesday in December next follow- 
ing their election, at two o'clock in the afternoon. 

Section 817. In case of the death or absence of any elector chosen, 
or in case the number of electors from any cause be deficient, the elec- 
tors then present must elect, from the citizens of the State, so many 
persons as will supply such deficiency. 

Section 818. 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 819. They must name in their ballots the persons voted 
for as President, and in distinct ballots the persons voted for as Vice- 
President. 

Section 820. 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 821. They must certify, seal up, and transmit such lists 
in the manner prescribed by the constitution and laws of the United 
States. 



ELECTION LAWS OF MONTANA 91 

Section 822. Electors receive the same pay and mileage as is al- 
lowed to members of the Legislative Assembly. 

Section 823. 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. 

MEMBERS OF CONGRESS— ELECTIONS AND VACANCIES 

Section 824. 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 commencement 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 va- 
cancy; 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 office shall be made in 
the same manner as is provided by law in case of Governor. 

Section 825. 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 gen- 
eral 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. 

Section 826. At the general election to be held in the year eighteen 
hundred and ninety-two, and at the general election every two years 
thereafter, there must be elected for each congressional district one 
Representative to the Congress of the United States. 

Section 827. The vote for Representative in Congress must be can- 
vassed, certified to, and transmitted in the same manner as the vote for 
State officers. 

Section 828. The Governor must, upon the receipt of the state- 
ment mentioned in Section 803 of this Code, transmit to the person 
elected a certificate of his election, sealed with the great seal and at- 
tested by the Secretary of the State. 

CONTESTING ELECTIONS 

Section 828.1. Any unsuccessful candidate for any public office at 
any general or special election, or at any municipal election, may within 
five days after the canvass of the election returns by the board or body 
charged by law with the duty of canvassing such election returns, apply 
to the District Court of the county in which said election is held or 
to any Judge thereof, for an order directed to such board to make a 
recount of the votes cast at such election, in any or all of the election 
precincts wherein the election was held, as hereinafter provided. Said 
application shall set forth the grounds for a recount, and it shall be 
verified by the applicant to the effect that the matters and things 
therein stated are true to the best of the applicant's knowledge, infor- 
mation and belief. Within five days after the filing of said applica- 
tion in the office of the Clerk of said District Court, the said Court, or 
the Judge thereof, shall hear and consider said application, and determine 
the sufficiency thereof; and, if from said verified application, the District 
Court, or the Judge thereof, find that there is probable cause for be- 



92 ELECTION LAWS OK MONTANA 

Heving that the judges and clerks of election did not correctly count and 
ascertain the number of votes cast for such applicant at any one or 
more of the election precincts that the judges and clerks of election 
might not have correctly counted and ascertained the number of votes 
cast for the applicant in any one or more election precincts, then, or in 
either of Mich events, the Court or Judge shall make an order addressed 
to the said Board of County Canvassers, requiring them at the time and 
place fixed by said order, which time shall be not more than five days 
from the making of such order, to reassemble and reconvene as a can- 
vassing board, and to recount the ballots cast at said election precinct or 
precincts of which complaint is made as in said order specified. 

Section 828.2. If it shall be made to appear by such verified appli- 
cation that the judges or clerks of election in any one or more election 
precincts did not comply with each and all of the provisions and re- 
quirements of Section 778, in counting and ascertaining the number of 
votes cast for each person voted for at said election, that shall be con- 
sidered as sufficient probable cause for believing that the judges and 
clerks of election of said election precinct, or precincts, did not correctly 
count and ascertain the number of votes cast for the applicant in such 
election precinct or precincts. 

Section 828.3. If the Judge of said District Court of the county in 
which said election is held be ill, or absent, or for any other reason 
disqualified from acting, then and in that event another District Court 
Judge shall be called in to hear and determine said application, either 
by an order of a Judge of said District Court, or by an order by a 
Justice of the Supreme Court of the State of Montana. A failure to 
hear, consider or determine said application within the time herein pro- 
vided, shall not divest the court of jurisdiction, but the said court before 
which said application is presented and filed shall retain jurisdiction 
thereof for all purposes until said application is finally acted upon, con- 
sidered and determined, and until a final count is made and had by the 
said Board of County Canvassers and the result thereof finally determined 
as herein provided. 

Section 828.4. If said application asks for a recount of the votes 
cast in more than one election precinct, but the grounds thereof are not 
sufficient for a recount in all, the court shall order a recount as to only 
such precinct as to which there are sufficient grounds stated and shown. 
The court in its order shall determine the probable expense of making 
such recount, and the applicant or applicants asking for such recount 
shall deposit with the said board the amount so determined and specified 
in said order, in cash; and if it be ascertained by said recount that the 
applicant or applicants have been elected to said office, then and in that 
event all money so deposited with said board shall be returned to the 
said applicant or applicants, but if an applicant as a result of said recount 
is found not to have been elected, then if the expense of making said 
recount shall be greater than the estimated cost thereof said applicants 
shall pay said excess, but if less than the estimated cost, then the dif- 
ference shall be refunded to the applicant or applicants. The expense of 
making said recount as herein provided, shall be the salary of the mem- 
bers of the canvassing board for the period of time required to make 
such recount, and the salary of two clerks at the rate of not more than 
$8.00 per day each. If more than one candidate makes application for a 
recount of the votes cast at said election, the court may, in its discretion, 
consider such applications separately or together, and may make separate 
or joint orders in relation thereto, and apportion the expense between 
said applicants. The Board of Canvassers, in recounting said ballots cast 
at said election, shall count the votes cast in the respective precincts as 
to which a recount is ordered for the several candidates in whose behalf 
a recount is ordered, at the same time, in the following manner: 



ELECTION LAWS OF MONTANA 93 

The County Clerk shall produce, unopened, the sealed package or 
envelope received by him from the judges of election of the el< i tion 
precinct, or precincts, as to which a recount is ordered, in which is 
enclosed all ballots voted at such election in said precinct or precincts; 
and the package or envelope must then he opened hy a member of tin- 
Board of County Canvassers in the presence and view of the other mem- 
bers of said Board and of the County Clerk, and of the candidates for 
said office or offices as to which said recount is ordered, present thereat, 
The ballots must then be taken from said package or envelope by a 
member of the board, and in the presence of the candidate or candidates 
seeking such recount, and the candidate or candidates who by the first 
canvass was found to have received the highest number of votes, the 
hallots must be taken singly by one of the members of the Canvassing 
Board, and the contents thereof, while exposed to the view of said 
candidates and of the other members of said Canvassing Board, must 
be distinctly read aloud, and as the ballots are read, two clerks must 
write at full length, on sheets to be known as tally sheets, which shall 
be previously prepared for the purpose, one for each clerk, with the 
name of said respective candidates and the office or offices to which a 
recount is being made, with the numbers of such election precincts as 
to which said recount is ordered, and the number of votes for each person 
in said election precinct or precincts. At the completion of said recount 
the tally sheets must then be compared and their correctness ascertained, 
and the total number of votes cast for any candidate determined. If, 
on such recount, the votes cast for any candidate who makes such ap- 
plication shall be either more or less than the number of votes shown 
upon the official returns for that person and office, then the original 
returns shall be thereupon by the Clerk of said Board of Canvass* 
and under its direction, corrected so as to state the number of votes 
ascertained on such recount. 

The said Board of Canvassers shall thereupon cause its clerk to 
enter on the records of said board the result of said election as de- 
termined by such recount, and the clerk of said Board shall thereupon 
make out and deliver certificate of election in conformity to the result 
ascertained by said recount. 

The candidate who as a result of the original or first canvass of the 
returns by the Board of Canvassers was found to be elected, shall be 
served with a copy of the application, and shall be given an opportunity 
to be heard thereon, and he shall be permitted to be present and to be 
represented at any recount ordered. 

When said recount of the ballots in any election precinct has been 
finished, the ballot shall then be again enclosed in the same package or 
envelope in which they had been placed by the judges of election, and 
in the presence and view of the County Clerk and the members of the 
Board of Canvassers the said packages or envelopes shall again be 
closed and sealed, and then again delivered into the custody of the 
County Clerk. 

Section 828.5. The Board of Canvassers shall make no recount of 
any votes cast in any election precinct or for any office other than the 
precinct or precincts and office or offices specified in said order. 

Section 828.6. Tf it shall be found and determined by said recount 
that the person to whom the County Clerk has issued a certificate of 
election pursuant to Section 797, did not in fact receive the highest num- 
ber of votes cast at said election for said office, then the said certificate 
of election first issued by said Clerk shall be void, and the certificate of 
election issued by said Clerk pursuant to the findings and determination 
of said recount shall be treated and considered, for all purposes as the 



94 ELECTION LAWS OF MONTANA 

only certificate of election to said office, and the person named therein 
shall be the person elected to said office. 

Section 828.7. No judge or clerk of any election, of any election 
precinct, as to which a recount is ordered shall receive any pay for his 
or her services as such judge or clerk until the completion of such 
recount by the said Canvassing Board, and if it shall be ascertained on 
such recount that any applicant in whose behalf such recount is had, 
has been elected, then in that event, the judges and clerks of the elec- 
tion precincts in which the votes were found to have not been correctly 
counted shall not be paid or receive any pay for their services as such. 

Section 829. See Sections 659 to 661, and Sections 10810 to 10814 
for other provisions governing election contests. 

ELECTIONS RELATING TO SCHOOL MATTERS 

Superintendent of Public Instruction 

Section 931. There shall be chosen by the qualified electors of the 
State, at the time and place of voting for Members of the Legislature, 
a Superintendent of Public Instruction, who shall have attained the age 
of thirty years at the time of his election, and shall have resided within 
the State two years next preceding his election, and is the holder of a 
state certificate of the highest grade, issued in some state, and recog- 
nized by the State Board of Education, or is a graduate of some uni- 
versity, college, or normal school recognized by the State Board of 
Education as of equal rank with the University of Montana or the State 
Normal School. He shall hold his office at the seat of government for 
the term of four years from the first Monday in January following his 
election, and until his successor is elected and qualified. * * * 

County Superintendent of Schools 

Section 950. All persons otherwise qualified shall be eligible to the 
office of County Superintendent of Common Schools without regard to 
sex. 

Section 950.1. No person shall be eligible to the office of County 
Superintendent of Schools in any county of Montana, who, in addition 
to the qualifications required by the Constitution of the State of Mon- 
tana, is not the holder of a State Certificate offered by the State of Mon- 
tana, granted by endorsement upon graduation from a standard normal 
school, or college, or university; or who is not the holder of a certificate 
offered by the State of Montana, designated as a State Certificate granted 
by examination in accordance with the rules and regulations as pre- 
scribed by the State Board of Educational Examiners; and who has not 
had at least three years' successful experience as a teacher, principal or 
superintendent of public schools. The above qualifications shall not 
prohibit the re-election of present incumbents. 

Section 951. A County Superintendent of Schools shall be elected 
in each organized county in this State at the general election preceding 
the expiration of the term of office of the present incumbent, and every 
two years thereafter. 

School Trustees 

Section 985. Any person, male or female, who is a qualified voter 
at any election under this Act, shall be eligible to the office of School 
Trustee in such district. 

Section 986. In the districts of the first class, the number of Trus- 
tees shall be seven, in districts of the second class the number of Trustees 



ELECTION LAWS OF MONTANA 95 

shall be five, and in districts of the third class the number of Trustees 
shall be three. 

Section 987. An annual election of School Trustees shall be held in 
each school district in the State on the first Saturday in April of each 
year at the district schoolhouse, if there be one, and if there be none, 
at a place designated by the Board of Trustees. In districts of the third 
class having more than one schoolhouse where school is held, one Trus- 
tee must be elected from persons residing where such outside schools 
are located. 

Section 988. In districts of the second and third class, the names of 
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 nomination of as many persons as are to be 
elected to the School Board at the ensuing election. 

Section 989. In districts of the second and third classes, the election 
of School Trustee 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 specify the time and place of 
election, and the hours during which the polls will be open. The Trus- 
tees must appoint by an order entered in their records three qualified 
electors of said district, to act as judges as such election, and the clerk 
of the district shall notify them by mail of their appointment. If the 
judges named are not present at the time for opening the polls, the 
electors present may appoint judges, and the judges so appointed shall 
designate one of their number to act as clerk. The voting must be by 
ballot, without reference to the general election laws in regard to nomi- 
nations, form of ballot, or manner of voting, and the polls shall be open 
for such length of time as the Board of Trustees may order; provided, 
that such polls must be open from two p. m. to six p. m. 

Section 990. 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 nominated 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 cast for any person, unless he has been so 
nominated and a certificate thereof filed as herein required. 

Section 991. The Board of Trustees shall, at hast tliirtv days be- 
fore 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 cor- 
respond, and define the boundaries thereof. 

Section 992. 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 posting a notice thereof in three public 



96 l.l.VA HON LAWS HI' MONTANA 

places in the district, and in incorporated cities and towns in each ward, 
which notices must specify the time and place of election, the number 
of trustees, and the terms for which they are to be elected, and the 
hours during which the polls will be open. Whenever, in the judgment 
of the Board of Trustees, the best interest of the district will be served 
by the publication of such notices of election in some newspaper in the 
county, they may, by an order entered on the minutes of their meeting, 
direct the district clerk to publish the notice of election required to be 
given in districts of the first class, in some newspaper in the county. 

Section 99.3. In districts of the first class the polls must be opened 
at eight o'clock a. m., and kept open until twelve o'clock m., and from 
one o'clock p. m. until eight o'clock p. m. 

Section 994. The Board of District Trustees shall, at least ten days 
before the day of the annual election of trustees in any district of the 
first class, appoint three qualified electors of the district for each polling 
place established to act as judges of election, and the district clerk shall 
notify such persons by mail of their appointment. Such judges shall 
iignate 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. 

Section 995. 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 

One (1) )Year Term 
George Davis 

Section 996. At every election held under this Act, a poll-list shall 
be kept by the judgi ] 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 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 de- 
posits 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 as trustee, and the 
term, and tally opposite his name the number of votes cast for him, and 
at the end thereof set down in a column provided for that purpose the 
whole number of votes he received. The judges and clerk shall sign a 
certificate to said tally-list, setting forth the whole number of votes 
cast for each person or trustee, designating the term, and they shall 
vilify the same as being correct, to the best of their knowledge, before 
an officer authorized to administer oaths. No informality in such cer- 
tificate 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 dis- 
trict, who shall canvass the vote and cause the clerk of the district to 
issue a certificate "I election to the person or persons elected, designat- 



ELECTION LAWS OF MONTANA 97 

ing their term, a copy of which must be forwarded to the County Super- 
intendent of Schools. The School Trustees arc hereby authorized to ad- 
minister oaths to judges of election. 

Section 997. Trustees elected shall take office immediately after 
qualifying, and shall hold office for the term of three years except as 
elsewhere expressly provided herein, and until their successors are elected 
or appointed and qualified. 

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. 

Section 998. A vacancy in the office shall be filled by appoint- 
ment by the County Superintendent of Schools; provided, that in dis- 
tricts of the first and second class, such appointments 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 be elected a School Trustee for the unex- 
pired term. When any vacancy occurs in the office of Trustee of any 
school district by death, resignation, failure to elect at the proper time, 
removal from the district, or other cause, the fact of such vacancy shall 
be immediately certified to the County Superintendent by the clerk of 
the school district, and the County Superintendent shall immediately ap- 
point in writing, some competent person, who shall qualify and serve 
until the next annual school election. The County Superintendent shall 
at the time notify the clerk of the school district of every such appoint- 
ment; provided, that absence from the school district for sixty consecu- 
tive days, or failure to attend three consecutive meetings of the Board of 
Trustees without good excuse, shall consttiute a vacancy in the office 
of Trustee. 

Section 999. Any School Trusteee may be removed from office by 
a court of competent jurisdiction by law for removal of elective civil 
officers; provided, however, that upon charges being preferred and good 
cause shown, the Board of County Commissioners may suspend a trus- 
tee until such time as such charges can be heard in the court having 
jurisdiction thereof. 

Section 1000. Should the office of the clerk of the school district 
become vacant, the Board of School Trustees shall immediately fill 
such vacancy by appointment, and the chairman of the Board of School 
Trustees shall immediately notify the County Superintendent of such 
appointment. 

Section 1001. When at any annual school election the terms of a 
majority of the Trustees regularly expire in districts of the first class, 
three Trustees, in districts of the second class, two Trustees, in districts 
of the third class, one Trustee, shall be elected for three years, and the 
remaining Trustee or Trustees whose terms expire shall hold over for 
one or two years as may be necessary to prevent the terms of a majority 
of the Board of Trustees expiring in any one year; provided, that it shall 
be determined b} r lot what Trustee shall hold over, and for what term. 

Section 1002. Every citizen of the United States, twenty-one years 
old, who has resided in the State of Montana for one year, and thirty 



98 ELECTION LAWS OF MONTANA 

(lays in the school district next preceding the election, and whose name 
appears on the tax rolls of the county of which that school district is 
situate, or whose wife or husband's name appears on the tax rolls of that 
county, or who is a parent, guardian or person having custody and con- 
trol of any child then attending school in such district, or who will he 
eligible to attend such school during the term that the school officers 
then to be elected shall hold office, may vote thereat. 

As amended by Chapter 83, Laws of 1939. 

Section 1003. Any person offering to vote may be challenged by any 
elector of the district, and the judges must thereupon administer to the 
person challenged an oath and 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 the State 
for one year, and in this school district thirty days next preceding this 
election, that your name or your wife or husband's name, appears upon 
the tax rolls of this county for the current year, or that you are the parent, 
guardian, or person having custody and control of a child now attending 
this school, or who will be eligible to attend this school during the term 
that the school officers then to be elected shall hold office, that vou have 
not voted this day. SO HELP VOU GOD." 

If he takes this oath or affirmation, his vote must he received, other- 
wise rejected. Any person who shall swear falsely before any judge of 
election shall be guilty of perjury, and punished accordingly * * * as 
amended by Chapter 83, Laws of 1939. 

Section 1004. All the expenses necessarily incurred in the matter of 
holding elections for School Trustees 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. 

Section 1014. The Board of Trustees shall have power to call a 
special election for the purpose of bonding the district for the erection 
and furnishing buildings and purchase of school sites, and for permis- 
sion to sell school property; provided, that in districts of the first and 
:ond classes Boards of Trustees shall have power to change or select 
school sites. 

Section 1015. Every School Board unless otherwise specially pro- 
vided by law shall have power and it shall he its duty: * * * 8. To 
purchase, acquire, sell and dispose of plots or parcels of land to be 
used as sites for school houses, school dormitories and other school 
buildings, and for other purposes in connection with the schools in the 
district; to build, purchase or otherwise acquire school houses, school 
dormitories and other buildings necessary in the operation of schools 
of the district, and to sell and dispose of the same; provided, that they 
shall not build or remove school houses or dormitories, nor purchase, 
sell or locate school sites unless directed so to do by a majority of the 
electors of the district voting at an election held in the district for that 
purpose, and such election shall be conducted and votes canvassed in the 
same manner as nt the annual election of school officers, and notice 
thereof shall lie given by the clerk by posting three notices in three 
public places in tin- district at least ten days prior to such election, 
which notici s shall specify the time, place, and purpose of such election. 
Provided, further, that this subdivision shall not be so construed as to 
prevent the Board of Trustees from purchasing one or more options for 
■ hool site. 

As amended bj Chapter 165, Laws of \ l )tf. 



ELECTION LAWS <)K MONTANA 99 

BUDGET SYSTEM— SCHOOL DISTRICTS 

Section 1019.7. If, after the Hoard of School Trustees of any dis- 
trict has adopted the preliminary budget for such district for the ensu- 
ing school year, it appears to such Board that the amount which will he 
received from a district ten (10) mill tax levy and from all other sources 
during the ensuing school year, for the general fund of such district, as 
shown by the County Superintendent's estimate of revenues, will not be 
sufficient to meet and take care of the expenditures proposed to be 
made during the ensuing school year from such general fund, as con- 
tained in such preliminary budget, the Board must determine and make 
an estimate of the amount of such deficiency and the number of mills 
of additional levy required to be made to meet and take care of such 
deficiency, and must call an election, in the manner prescribed by law, 
for the purpose of obtaining the approval of the qualified electors of the 
district to the making of such additional levy, and such election must be 
held before the 1st day of July; provided, however, that if it appears to 
the Board of School Trustees of any district at any meeting thereof held 
prior to the general school election on the first Saturday in April, that a 
levy in excess of ten (10) mills will be required to maintain the schools 
in such district during the next ensuing school } r ear, such Board of 
Trustees may determine the number of mills so required in excess of 
ten (10) mills, and may submit the question of such additional levy at 
the next ensuing general school election. 

CONSOLIDATION OF SCHOOL DISTRICTS 

Section 1034. Two or more school districts may be consolidated, either 
by the formation of a new district, or by the annexation of one or more 
districts to an existing district, as hereinafter provided. 

Whenever the County Superintendent of Schools receives a petition 
signed and acknowledged by a majority of the resident freeholders of 
each district affected, qualified to vote at school elections, praying 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 district, of an election in such district at 
a time and place specified in each notice to vote on the question of con- 
solidation. The votes at such election shall be by ballot, which shall 
read "For consolidation" or "Against consolidation." The presiding of- 
ficer at such election shall, within ten days thereafter, certify the result 
of the vote to the County Superintendent of the county in which the dis- 
trict mainly lies. If the majority of the votes cast in each district be for 
consolidation, it carries, and the Superintendent, within ten days there- 
after, shall make proper orders to give effect to such vote, and shall 
thereafter transmit a copy thereof to the County Clerk and Recorder 
of each county in which any part of any district lies, and to the clerk 
of each district affected. If the order he for the formation or a new dis- 
trict, it shall specify the name and number of such district, and he shall 
appoint three trustees to serve until the first Saturday in April succeed- 
ing. 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 
general school laws. * * * 



100 i:i.i:c tion laws or HON T Aft A 

DISSOLUTION OF JOINT SCHOOL DISTRICT 

Section 1037.1. A joint school district may be dissolved in the fol- 
lowing manner: 

Whenever the majority of the qualified electors residing in that 
portion of a joint district situated in one county presents a petition to 
the County Superintendent of Schools of the same county praying for 
a dissolution of the district and setting forth briefly the reason therefor, 
such County Superintendent shall immediately give notice thereof to all 
other County Superintendents of counties contributing territory to the 
joint district, and shall within twenty (20) days from the date of the 
receipt of such petition call an election and fix a date for the holding 
of same, and shall notify the clerk of the district to post three notices in 
the territory of each county composing the district. Notices must be 
posted in the most conspicuous places in the territory and must be 
posted at least fifteen days preceding the election. Such notices must 
specify the purpose and the date and hour when the polls will be opened 
and the place at which the election will be held. Separate elections must 
be held in each portion of the district lying in different counties on the same 
date and hour and be conducted in the same manner as general school 
elections. Each County Superintendent of Schools must appoint three 
judges of election for the territory in his or her county and the result 
of the election must be certified by the judges to their respective County 
Superintendents. The County Superintendents shall meet within five days 
after the election and determine the total vote cast throughout the dis- 
trict. If a majority of all votes cast in the district are for dissolution, the 
district must be dissolved; or in the event that two-thirds ( 2 A) of the 
votes cast in the territory of any county favor dissolution the district 
may be dissolved as to such territory; provided both Superintendents of 
the counties affected are agreed that such dissolution will not entail an 
undue hardship to either part of such joint district, and that there is no 
good and sufficient reason why such dissolution should not be made. In 
case of the failure of a two-thirds (yi) majority in any portion of the 
district, as herein provided, or a failure of the majority of the entire 
district to vote for dissolution, the district shall not be dissolved and no 
election thereon can be held within three (3) years thereafter. If dis- 
solution carries it shall take effect at the end of the current school year. 



RURAL SCHOOL DISTRICTS 

Section 1040. The following terms shall be construed to mean: 

The "rural school district" shall mean the territory obtained by the 
uniting of all third class districts and parts of first or second class dis- 
tricts as may petition to become a part of the "rural school district." 

"Subdivision" shall mean one of the four parts into which the "rural 
school district" is divided for the purposes of election of trustees. 

"Subdistrict" shall mean the local third class district as constituted 
by Section 1021. 

Section 1041. All school districts and part of school districts of 
tin- third class and minor portions of any district of the first and second 
class which may petition to withdraw from the first or second class 
district as herein provided, shall for the purpose set forth in this Act, 
from and alter the first day of July, 1925. together constitute a single 
district to be known as the "rural school district" of the county in which 
it is situated. Such rural district shall be a unit for the purpose of taxa- 
tion and such other purposes as are hereinafter provided, and shall be 
divided into subdivisions for the selection of trustees and consist of sub- 
districts for the purpose i 'i local management, local control, and custody 



ELECTION LAWS OF MONTANA 101 

of property. The boundaries of the subdivisions shall be determined by 
the Board of County Commissioners who shall divide that portion of 
the county to be included in the rural school district of the county, into 
four parts which shall be known as subdivisions, each having as near 
as may be one-fourth of the total area of the rural school district, and 
making the boundaries of those parts coincide with the boundaries of 
the subdistricts. All portions of first and second class districts, which 
become a part of the rural school district as herein provided, shall be 
attached to adjacent subdistricts in the manner provided by law. Bound- 
aries of subdivisions may be altered by County Commissioners at a 
later date in case county division or other cause may unduly reduce or 
increase the size of a subdivision or subdivisions. 

A majority of the school electors of rural sections of first and 
second class districts residing not nearer than six miles to the largest 
school in such first and second class districts may present a petition in 
writing to the Board of County Commissioners asking for_ transfer from 
the first or second class district to the rural school district, which pe- 
tition shall describe the boundaries of the territory proposed to be trans- 
ferred and the number of children affected by such transfer. Upon 
receipt of such petition the County Commissioners shall call a meeting 
for the purpose of considering such petition and shall notify all parties 
interested including the Board of Trustees of the first or second class 
district by posting or causing to be posted at least ten days prior to the 
date of such meeting in at least three of the most public places in the 
proposed territory to be transferred and in three of the most public 
places in the remaining portion of the old district, notices stating the 
time, place and purpose of such meeting of the Board of County Com- 
missioners, which meeting of the Board of County Commissioners shall 
be not less than twenty days from the date of the receipt by the Board 
of such petition. The Board of County Commissioners at such special 
meeting shall approve or deny the said petition and shall enter their ap- 
proval or denial upon the records of the county within ten days from 
the date of such meeting. In case the petition is granted, such territory 
transferred may be made a part of adjacent subdistricts or created a 
subdistrict of the rural school district. 

Section 1042. Any county in the State may adopt the county unit 
system for rural schools provided in the succeeding sections of this 
Act, on the conditions hereinafter prescribed as follows: 

Whenever, between the first day of December of any year and the 
first day of April of the following year, twenty per cent, of the regis- 
tered electors residing in the third class school districts of any county 
shall petition 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, within ninety days, and in any event not later 
than the tenth day of May following. The County Commissioners shall 
appoint precinct judges and clerks and the election shall be conducted 
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 
district 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 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 qualified electors in all third class districts of the county 



102 ELECTION LAWS OK MONTANA 

at the time designated. It shall not be necessary to give notice of clos- 
ing of registration books of the county in elections held pursuant to the 
provisions of this Act. But the registration books of the county for such 
election shall automatically 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 before the phrase, "For the rural school dis- 
trict;" an elector desiring to vote against such adoption shall do so by 
marking (X) on his ballot before the phrase, "Against the rural school 
district." 

After the election the ballots shall be counted and the votes can- 
vassed and returns shall be made to the County Clerk in the manner 
prescribed in the general election laws. If a majority of the votes cast 
at the election is in favor of the county unit, the Board of County 
Commissioners shall make and enter an order creating such rural school 
district and establish the boundaries of each subdivision, 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 organiza- 
tion of the rural school district, another election upon the question of 
organizing a rural school district cannot be held until after the expira- 
tion of two years. 

As soon as the Board of County Commissioners has for the first 
time established the boundaries of the subdivisions as hereinbefore pro- 
vided, the said Board of County Commissioners shall thereupon ap- 
point one elector from among the residents of each of the four sub- 
divisions of the rural school district of the county. Of these four Trus- 
tees so appointed two shall serve until the first regular school election 
after their appointment, one until the second regular school election 
after his appointment, and one until the third regular election after his 
appointment, the terms of trustees so appointed to be determined by lot. 

The Chairman of the Board of County Commissioners, the County 
Superintendent of Schools and the County Treasurer shall be ex-officio 
members of the Board. No ex-officio member of the Board may serve as 
chairman, nor may such member receive any further remuneration for 
his services than his regular salary for the other duties of his office. 
The County Superintendent of Schools shall be ex-officio secretary of 
the Board and it shall be his duty to enforce rules, regulations and orders 
of the Board. 

In any county in which a rural school district is in operation at 
the time of the passage of this Act the County Commissioners shall, at 
least twenty days previous to the first ensuing school election, redistrict 
the county into four subdivisions for purposes of election of trustees 
from the rural school district as heretofore provided. In case the term 
of one trustee of the rural school district is expiring in 1925 at the next 
ensuing election no trustee shall be elected as Ids successor. In case the 
terms of two trustees of the rural school district of such county are 
expiring in 1925 it shall be determined by lot which one of the two mem- 
bers shall continue on the Board. On the third Saturday of April in such 
county the chairman of the Board of County Commissioners, the County 
Superintendent of Schools and the County Treasurer shall become ex- 
officio members of the Board of the rural school district as heretofore 
provided in this section. 

Section 1043. The elected trustees shall be electors of the subdi- 
vision of the rural school district of the county in which they are to 
serve. Except as hereinbefore provided such trustees shall be elected at 



ELECTION LAWS OF MONTANA 103 

the annual school election and shall serve for three years and until their 
successors are elected or appointed and qualify. 

On or before fifteen days prior to the annual school election, there 
may be tiled 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 com- 
plete unexpired terms, as hereinafter provided, such petition shall state 
whether the persons nominated therein are nominated for such unexpired 
terms or 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 in each subdistrict of the part in 
which a trustee is to be elected, to be posted at each polling place at 
least five days preceding the election. The election of school trustees 
shall be held and conducted under the supervision of the Trustees of the 
local subdistrict, who shall, not less than fifteen days before the annual 
election, post notices in three public places in their subdistricts, 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 entered in their records, three qualified electors of said subdistricts 
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 ballot, 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 two p. m. and six p. m. 
It shall be the duty of the judges of the election to canvass the votes 
cast in their respective subdistricts 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 declared by the County Commissioners and certificates of election 
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 Trus- 
tees the votes cast in each of the four subdivisions of the rural school 
district shall be canvassed separately and the candidates receiving the 
largest number of votes in any one 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 subdivision of the rural school 
district for which he is elected. 

Persons elected or appointed as Trustees shall qualify by taking an 
oath to perform their duties according to law. Their oaths may be ad- 
ministered by the County Superintendent or any other officer authorized 
by law to administer oaths, and must be filed with the clerk of the 
Board of Trustees within fifteen days after the election or appoint- 
ment. The Board of County Commissioners shall appoint Trustees to fill 
vacancies in the Board of Rural School District Trustees; provided, that 
such appointment is confirmed by the majority of the remaining mem- 
bers of such Board. Trustees so appointed shall serve till the next regu- 
lar school election, at which election successors shall be elected to serve 
for the unexpired balance of the term, if any. 

Section 1044. The Board of Trustees of every rural school district 
shall have only the powers and shall perform only the duties enume- 
rated in this Act. The Board of Trustees of each subdistrict of the 



104 ELECTION l.\\\S OF MONTANA 

rural school district shall have all the powers and perform all the duties 
imposed upon Trustees of school districts according to the provisions of 
Chapter 76 of the Session Laws 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 subdistrict of the rural school dis- 
trict shall not later than the last day of May prepare and certify to the 
Board of Trustees of the rural school district, a budget containing an 
estimate of all the different items of expenditures for operation and 
maintenance to be incurred by such subdistricts 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 report of 
the school facilities of the subdistrict and of the educational opportuni- 
ties afforded each child in such subdistrict. Any Board of Trustees of a 
subdistrict making expenditures in excess of their budget shall have de- 
ducted from their budget for the ensuing year the amount of such excess 
expenditure, unless the County Board of Trustees authorized such ex- 
penditure from its emergency fund. 

For high school expenses in excess of the revenues derived from 
the high school levy of the county and for any extraordinary expendi- 
ture or expenditures for any purpose other than operation and mainte- 
nance of elementary schools to be incurred by a subdistrict, not included 
in the budget of such subdistrict, as adopted by the Hoard of Trustees 
of the rural school district, the Board of Trustees of such subdistrict 
may cause to be levied upon the property in the subdistrict a special 
tax pursuant to the provisions of Section 1203. 

The Board of Trustees of the rural school district shall on the first 
Monday in June, examine the budgets certified to it by the Trustees of 
the several subdistricts, and from such budgets shall prepare a complete 
budget for the rural school district, which shall provide for the furnish- 
ing of reasonable educational facilities to every child in the rural school 
district, including the payment of board or rent, or both, and transporta- 
tion of children from isolated sections, in cases where the same is more 
expedient than maintaining a school in such isolated sections; all in- 
terest on all outstanding bonds issued by such rural school district or 
the payment of which has been assumed by such district, and so much of 
the principal of any such bonds as is to become due during the ensuing 
school year and also including any other reasonable item of expenditure 
not herein (.numerated, and necessary for carrying out the provisions of 
this Act. Such budget shall contain the detailed estimated expenditures 
of each subdistrict. Patrons shall have the right of appeal to the Board 
of Trustees of the rural school district in case provisions of educational 
opportunities of children have been neglected or overlooked by the Trus- 
tees of the subdistrict, and the decision of the Trustees of the rural 
school districl shall be final. 

The Hoard of Trustees of every rural school district is hereby au- 
thorized to include in the budget for any year as a separate item an 
amount not in excess of one-half mill levy to provide for the following 
general purposes affecting the entire rural school district or for any of 
tin in • The supervision of the health of students, employment of a truant 
officer, provision for new students in any local district who may have 
come into said district after the adoption of the budget for said district 
and not provided for in said budget. They shall also be authorized to 
provide a levy not in excess of one mill in any one year for establishing 
a building fund for the erection of portable or other school buildings, 
hams, dormitories or teachcrages when the same are deemed necessary 
by the Board of Trustees of the rural school district and to make pro- 



ELECTION LAWS OK MONTANA 105 

vision of necessary building facilities for isolated and special cases. 
Whenever such extra levies are made the Board of Trustees of the rural 
school district shall specify the purposes for which same are to he used 
and make the expenditures for said purposes as set out in said hudget. 

The Board of Trustees of the rural school district shall on or be- 
fore the second Monday in June in each year certify to the Boaid of 
County Commissioners the total amount of money required in excess of 
the State and county apportionments 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 to raise 
the amount of money so certified by the Board of Trustees of the rural 
school district, after allowing a deduction of ten per cent on account of 
delinquencies. The Board of Trustees of the rural school district shall 
at its regular meeting held on the second Thursday in December, appor- 
tion to the several subdistricts their proportionate part of the taxes then 
collected, such proportionate part to be determined in accordance with 
the budget as above mentioned. They may at this meeting make such 
adjustments in the budgets as may seem necessary because of new con- 
ditions arising since the budgets were allowed. 

Any warrant issued by any subdistrict board, except for salaries, 
shall be countersigned by the Secretary of the Board of Trustees of the 
rural school district. Said secretary is authorized to countersign only 
such warrants as are drawn in payment of expenses approved by the 
Board of Trustees of the rural school district in the budget of the sub- 
district. Hereafter all warrants issued by subdistricts shall carry the 
notation "This warrant not valid, except for salaries, unless counter- 
signed by the Secretary of Board of Trustees of the rural school district." 

The Board of Trustees of the rural school district is authorized to 
close schools with an enrollment of fewer than five pupils, if in the 
judgment of said Board, such children can be cared for more economi- 
cally, and in a satisfactory manner in another school. Said Board shall 
also be empowered to place textbooks and equipment of schools closed 
in other communities where such materials are needed, provided that 
such textbooks and equipment shall be replaced or new materials shall 
be provided in their stead at such time as it may become desirable to 
reopen said school. 

The faith of the rural school district is solemnly pledged for the 
payment of the interest and the redemption of the principal of the bonds 
which at the time when this Act takes effect have been issued or as- 
sumed by the rural school district. And for the purpose of enforcing 
the provisions of this chapter, the rural school district shall be a body 
corporate, which may sue and be sued by or in the name of the Board 
of School Trustees of such district. 

The Board of Trustees of the rural school district shall be author- 
ized to establish a salary schedule based upon teaching experience, 
training and certification of teachers and to determine transportation 
rates and allowances for board and house rent. 

Section 1045. All sinking funds on hand as a surplus or credit to 
the various third class districts 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 shall remain in the sinking funds of the several subdistricts 
and in no event may they be used for any other purpose than as the 
sinking fund of the subdistrict. All moneys to the credit of the general 
or special funds of subdistricts prior to and on July 1 of the year in 



106 BLBCTIOn LAWS OF MONTANA 

which the provisions of this Act shall he accepted shall remain to credit 
of such general or special funds of suhdistricts and shall serve to re- 
duce the levies of such suhdistricts the first year as many mills as would 
be required to procure by special levy on the subdistrict the amount of 
money on hand to the credit of the subdistrict, unless such funds are 
required for meeting contracts already entered into when the rural school 
district began to operate. 

All of the existing indebtedness of the various third class districts 
in any county prior to and on July 1 of such year, whether for main- 
tenance or bonded indebtedness, or otherwise, shall remain the indebted- 
ness of and be paid by the suhdistricts, such payments being made from 
a subdi>triot special levy for that purpose. 

Section 1046. Second-class districts may be created from the terri- 
tory 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 Hun- 
dred Thousand Dollars. Such district shall be created only upon the 
petition of one hundred qualified electors residing in the proposed dis- 
trict, setting forth in the petition the assessed valuation and the boun- 
daries of the proposed district. 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, appoint five 
Trustees for the nevvly created district, who shall serve until the next 
regular election. 

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. 

If, at the time such new district is created, there is any indebted- 
ness against the rural school district, then the Board of County Commis- 
sioners 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 be- 
longing to the sinking fund of said rural school district, and then appor- 
tioning the remainder of the indebtedness between the respective dis- 
tricts 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 dis- 
trict. 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, war- 
rants equal to the amount of such indebtedness apportioned to such new 
district, which warrants, upon presentation, shall be indorsed 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. 

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 in- 
terest 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. 

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 



Kl.KCTIOX LAWS OK MONTAN V 107 

providing the necessary funds to pay such warrants. Such bonds shall 
be issued and disposed of upon condition and in the manner provided 
in Section 1235 of this Code, except that said bonds shall recite in the 
body of such bond that "This bond is issued for the purpose of provid- 
ing funds to pay outstanding warrants." 

Section 1047. The regular annual meeting of the Board of Trus- 
tees of the rural school district shall be held on the first Thursday in 
July. At this meeting new members elected shall take office; a presi- 
dent 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 annual 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 from 
the general fund of the county his necessary traveling expenses in attend- 
ing regular meetings, but not to exceed four special meetings, and an 
honorarium of seventy-five dollars per year. Failure to attend two regular 
meetings in succession, unless excused on account of sickness, shall work 
a forfeiture of the office. 

Section 1048. 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 following manner, to wit: 

Whenever, between the first day of January and the first day of 
March in any year after four full school years have expired, twenty per 
cent, of the 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 such petition to the County Clerk, and the County 
Commissioners shall call an election which shall be held in all third 
class districts of the county and conducted in the manner prescribed 
for the adoption of the rural school district as set forth in Section 1042. 
If a majority of votes cast at such election shall be in favor of the dis- 
solution of the rural school district, the Board of County Commissioners 
shall make an order to that effect and on and after July first the rural 
school district shall be dissolved and the several subdistricts shall there- 
upon become school districts of the third class. 

If the election for the dissolution of such school district should fail 
to carry, another election upon the question of dissolution of such school 
district may not be held until after the expiration of two years. 

The Board of County Commissioners 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 all the property of the 
rural school district located within its boundaries. The County Commis- 
sioners shall apportion to each school district that portion of the funds of 
the rural school district other than sinking funds, which is in propor- 
tion to the number of school census children within the school district. 
Provided that in the counties where the rural school district was or- 
ganized prior to the passage of this Act 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 principal of all bonds issued by the rural school 
district shall have been paid in full. 



108 ELECTION LAWS OF MONTANA 

SCHOOL HOUSE SITES AND CONSTRUCTION 

Section 1173. Whenever, in the judgment of the Board of Trustees 
of any school district of the third class, it is desirable to select, pur- 
chase, exchange, or sell a school house site, or whenever petitioned so 
to do by one-third of the voters of such district, the District Board shall 
without delay call a meeting at some convenient time and place fixed 
by the Board to vote upon such question of selection, purchase, exchange 
or sale of school house site. Such election shall be conducted and votes 
canvassed in the same manner as at the annual election of school officers. 
Three notices giving the time, place and purpose of such meeting shall 
be posted in three public places in the district by the clerk at least ten 
days prior to such meeting. If a majority of the electors of the dis- 
trict voting at such meeting or election 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 site so 
changed cannot again be changed within three years from the date of 
such action, except upon the advice of the County Superintendent of 
Schools and County Health Officer. 

The school site shall be selected in a place that is convenient, ac- 
sible, 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 districts 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. 

Section 1210. Said fund (Building and Furnishing Fund) may be 
used for general school purposes if a majority of the qualified electors 
of such district shall so elect, upon such question being duly submitted 
to them at any regular or special election therefor. 

EXTRA TAXATION FOR SCHOOL PURPOSES 

Section 1219. Whenever the Board of Trustees of any school district 
shall deem 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 such district, for furnishing additional school facili- 
ties for said district, for building and equipping heating or other plants 
for said district, or for any other purposes necessary for the proper 
operation and maintenance of the schools in said district, said Board 
of Trustees shall determine and fix the amount necessary and required 
for such purpose or purposes in addition to such ten mill tax levy and 
it shall submit the question of an additional levy to raise said amount 
to the qualified electors residing within the district who are taxpayers 
upon property therein and whose names appear upon the last completed 
assessment roll of the county for state, county and school taxes, either 
at the regular annual election held in said district or at a special election 
called for that purpose by the Board of Trustees of said District. 

Section 1220. Where the question of making such additional 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 elec- 
tion, or by publication thereof for a like period before such election in 
each newspaper published in said district, or by both such notice and 
publication. 



BULI9CTION LAWS OF MONTANA 109 

Section 1221. In submitting such question there shall be specified 
the amount to be raised by such additional tax levy and the approximate 
number of mills required to raise such amount and the purpose for which 
the same is to be expended and if authorized the money raised by such 
additional tax levy shall be used for that specified purpose only; pro- 
vided, that if any balance remains on hand after the purpose for which 
said levy was made has been accomplished, said balance may, by the 
vote of the trustees of said district, be transferred to any other fund of 
such district. 

Section 1222. The ballot furnished electors at said election shall have 
printed thereon the following: "Shall a levy be made in addition to the 
regular ten mill levy authorized by law in such number of mills as may 
be necessary to raise the sum of (state the amount to be raised by 
additional tax levy) for the purpose of (insert the purpose for which 
the additional tax levy is made) ?" 



□ 
□ 



For an additional levy to raise the sum of (state the amount to be 
raised by additional tax levy), and being approximately (give num- 
ber) of mills. 

Against an additional tax levy to raise the sum of (state amount 
to be raised by additional tax levy), and being approximately 
(give number) of mills. 



The voters shall mark the ballots in the same manner as ballots are 
marked under the election laws of this State. The election shall be held, 
votes canvassed and returns made as in other school elections. If the 
majority voting on the question are in favor of such additional levy, 
the Board of Trustees of said school district shall so certify to the 
Board of County Commissioners of the county in which said school 
district is situated the amount authorized by such election to be raised 
by such additional levy and such Board of County Commissioners shall 
make such additional levy in such number of mills as will raise such 
amount in the same manner that the levy for special taxes in said dis- 
trict is made. 

Section 1223. Any person offering to vote may be challenged by 
any elector of the district, and the judges must thereupon administer to 
the person challenged an oath or affirmation, in substance as follows: 

"You do solemnly swear (or affirm) that you are a citizen of the 
United States; that you are twenty-one years of age: that you have re- 
sided in this State one year and in this school district thirty days next 
preceding this election; that you are a taxpaying freeholder on the last 
assessment roll from this school district: and that you have not voted 
this day. So help you God." 

In all districts of the third class, in administering said oath or 
affirmation, the judges must substitute the word "taxpayer" for the 
words "taxpaying freeholder." Said oath shall be reduced to writing and 
signed by the person challenged and sworn to before one of the judges 
of election. Said oath or affirmation shall be returned with the ballots 
cast at such election. If the voter takes oath or affirmation, his vote 
must be received; otherwise, it will be rejected. Any person who shall 
swear falsely before any such judge of election shall be guilty of perjury, 
and shall be punished accordingly. 



110 KL,ECT10.\ LAWS OK MONTANA 



SCHOOL DISTRICT BONDS 



Section 1224.8. School district bonds for any other purpose than 
those stated in Section 1224.6 and 1224.7, shall not be issued unless 
authorized at a duly called election at which the question of issuing 
such bonds was submitted to the electors of the school district; and 
no such election shall be called unless there has been presented to the 
Board of Trustees a petition asking that such election be held and such 
question be submitted, signed by not less than twenty per centum (20%) 
of the qualified registered electors residing within the school district, 
who are taxpayers upon property therein and whose names appear on 
the last completed assessment roll for State, county and school district 
taxes. 

Section 1224.9. The petition for the calling of an election to vote 
upon the question of issuing school district bonds shall plainly state the 
purpose of the proposed bond issue and shall estimate the amount of 
bonds necessary to be issued for such purpose or purposes. When the 
bonds sought to be issued are for two or more purposes, the amount to 
be issued for each single purpose shall be separately estimated in the 
petition. It may be in the form of one single petition or consist of more 
than one petition, all being identical in form and fastened together, 
after being circulated and signed, so as to form one petition before being 
delivered to the County Clerk as hereinafter provided. The school dis- 
trict clerk or any one or more qualified electors of the school district 
may circulate the petition or petitions, and the clerk or each elector cir- 
culating such petition shall subscribe or attach to each of the petitions, 
circulated by him, an affidavit to the effect that the signatures are 
genuine and that the signers knew the contents thereof at the time of 
signing the same. The completed petition, before being presented to 
the Board of School Trustees, shall be delivered to the County Clerk and 
Recorder of the county in which the school district is situated, who shall 
examine the same and shall endorse thereon or attach thereto his cer- 
tificate, which certificate shall set forth: 

(a) The total number of persons who are registered electors and 
taxpayers upon property within the school district whose names appear 
on the last completed assessment roll for State, county and school dis- 
trict taxes. 

(b) Which and Iionv many of the persons whose names are sub- 
scribed to the petition are possessed of all of these qualifications. 

(c) Whether such qualified signers constitute more or less than 
twenty per centum (20%) of such registered electors and taxpayers 
within the district. 

The County Clerk and Recorder shall promptly deliver or transmit 
such petition, with Ids certificate endorsed thereon or attached thereto, 
to the Clerk of the Board of School Trustees of such district. 

"Section 1224.10. Upon such petition being received by the clerk of 
the school district, a meeting of the Board of Trustees shall be called to 
consider the same. The Board of Trustees shall be the judges of the 
sufficiency of the petition and the findings of such Board shall be con- 
clusive against the school district in favor of the innocent holder of bonds 
issued pursuant to the election called and held by reason of the pre- 
sentation of such petition. If it is found that the petition is in proper 
form and bears the requisite number of signatures, the Board shall pass 
and adopt a resolution which shall recite the essential facts in regard to 
the petition and its presentation, fix the exact amount of bonds pro- 
posed to be issued, which may be more or less than the amount estimated 



ELECTION LAWS OF MONTANA 111 

m the petition, determine the number of years through which the bonds 
are to be paid, fix the date of election, which shall not he less than twenty 
(20) <lays, nor more than thirty (30) days after the date of the passage 
and adoption of such resolution, appoint three electors of the district 
who are qualified to vote at such election to act as judges of election, 
at each voting place and direct the clerk to give notice of such election. 
The notice of election shall designate one or more school houses in 
said school district as voting places and he in substantially the follow- 
ing form: 

'NOTICE OF SCHOOL DISTRICT BOND ELECTION. 

'Notice is hereby given by the undersigned Clerk of School Dis- 
trict No of County, State of Montana, 

that pursuant to a certain resolution duly adopted at a meeting of 

the Board of Trustees of said School District held on the day 

of A. D., 19 , an election of the registered quali- 
fied electors of School District No of. County, 

State of Montana, who are taxpayers therein and whose names appear 
on the last completed assessment roll for state, county and school 
district taxes prior to the holding of such election, will be held on 

the day of , A. D., 19 , at 

for the purpose of voting upon the question of whether or not the 
Board of School Trustees shall be authorized to issue and sell bonds of 

said School District in the amount of 

dollars, ($ ), bearing interest at a rate not exceeding six 

per centum (6%) per annum, payable semi-annually, for the purpose 

of (here state purpose) 

The bonds to be issued will be either amortization or serial bonds, and 
amortization bonds will be the first choice of the Board of Trustees. 
The bond to be issued, whether amortization or serial bonds, will be 

payable in installments over a period of 

(state number) years. 

The polls will be open from o'clock ...m. and until 

o'clock „..m. of the said day. 

Dated and posted this clay of , A. D., 19 



Clerk of School District No 

of County, State of Montana.' 



If the bonds proposed to be issued are for more than one pur- 
pose, then each purpose shall be separately stated in the notice, together 
with the proposed amount of bonds therefor. 

The school district clerk shall, not less than fifteen (15) days before 
the day specified for such election, post notice of such election in not 
less than three (3) public places within the district, and in incorporated 
cities and towns at least one (1) notice must be posted at each voting 
place designated for such election. 

In school districts of the first class the Board of Trustees must also 
cause the notice to be published once a week for two (2) successive 
weeks in some newspaper of general circulation in the district, if one 
be published therein, in addition to such posting." — As amended by 
Chapter 178, Laws of 1939. 

Section 1224.11. The school district clerk shall cause ballots to be 
prepared for all such bond elections, and whenever bonds for more than 
one purpose are to be voted upon at the same election, separate ballots 
shall be prepared for each purpose. All such ballots shall be substantially 
in the following form: 



112 ELECTION LAWS OF MONTANA 

OFFICIAL BALLOT 
SCHOOL DISTRICT BOND ELECTION 

INSTRUCTION'S TO VOTERS: Make an X or similar mark in 
the vacant square before the words "BONDS — YES" if you wish to 
vote for the bond issue; if you are opposed to the bond issue make 
an X or similar mark in the square before the words "BONDS — NO." 

Shall the Board of Trustees be authorized to issue and sell bonds 

of this School District in the amount of dollars 

($ ) bearing interest at a rate not exceeding six per centum 

(6%) per annum, payable, semi-annually, during a period not exceeding 

years, for the purpose of (here state 

the purpose the same way as in the notice of election). 

□ BONDS— YES 

□ BONDS— NO." 

(As amended Chapter 178, Laws of 1939.) 

Section 1224.12. In all school district bond elections hereafter held 
only qualified registered electors residing within the district who are 
taxpayers upon property therein and whose names appear upon the last 
completed assessment roll for State, county and school district taxes, 
shall have the right to vote. Upon the adoption of the resolution calling 
for the election, the clerk of the school district shall notify the County 
Clerk of the date on which the election is to be held, and qualified per- 
sons shall be allowed to register for such election up till noon of the 
fifteenth (15th) day prior to the date thereof. At that time the registra- 
tion books shall be closed for such election, but it shall not be necessary 
to give any notice of such closing of the registration books. 

After the closing of the registration books for such election the 
County Clerk shall promptly prepare lists of the registered electors 
of such district who are taxpayers upon property therein and whose 
names appear on the last completed assessment roll for State, county 
and school district taxes, and who are entitled to vote at such election, 
and shall prepare poll books for such election, as provided in Section 
568, and deliver the same to the school district clerk who shall deliver 
the same to the judge prior to the opening of the polls. In school dis- 
tricts of the first class it shall be the duty of the school district clerk to 
post such lists in five (5) public and conspicuous places within the dis- 
trict at least ten (10) days prior to the date of election. It shall not be 
necessary to post such lists in districts of the second and third class. A 
charge of five cents per name for the use and benefit of the county shall 
be made by the County Clerk for preparing such lists and poll books. 

Section 1224.13. The bond election shall be conducted in the man- 
ner prescribed for the election of school trustees and returns shall be 
made and canvassed in a similar manner. 

Section 1224.14. Whenever the question of issuing bonds for any 
purpose is submitted to the qualified electors of a school district at 
either a general or special school election not less than forty (40) per 
centum of the qualified electors entitled to vote on such question at 
such election must vote thereon, otherwise such question shall be deemed 
to have been rejected; provided, however, that if forty (40) per centum 
or more of such qualified electors do vote on such question at such 
election and a majority of such votes shall be cast in favor of such 
proposition, then such proposition shall be deemed to have been approved 
and adopted. 

(As amended by Chapter 7, Laws of 1937.) 



ELECTION LAWS OF MONTANA 113 

Section 1224.15. If such election shall authorize the issuance of 
such bonds, the Board of Trustees shall within sixty (60) days from the 
date of such election pass and adopt a resolution providing for the issue 
of the bonds; provided that such bonds may be issued in one or more 
series or installments as the Board may in such resolution direct. _ This 
resolution shall recite the amount of bonds to be issued, the maximum 
rate of interest, the purpose of the issue, the date they shall bear, and 
the period of time through which they shall be paid, and providing the 
manner of execution of same. It shall provide for giving preference to 
amortization bonds, but shall fix the denomination of serial bonds in 
case it shall be found necessary to issue bonds in that form, and shall 
direct the clerk to give notice of the sale of the bonds. 

Section 1224.16. The notice of sale shall state the purpose or pur- 
poses for which the bonds are to be issued and the amount proposed to 
be issued for each purpose, and shall be substantially in the following 
form: 

"NOTICE OF SALE OF SCHOOL DISTRICT BONDS. 

Notice is hereby given by the Board of Trustees of School Dis- 
trict No of County, State of Montana. 

that the said Board of Trustees will on the day of 

19 , at the hour of o'clock „..m. at , 

in the said School District, sell to the highest and best bidder for cash, 
either amortization or serial bonds of the said School District in the 

total amount of dollars, ($ ), for 

the purpose of 

Amortization bonds will be the first choice and serial bonds will be 
the second choice of the said school board. 

If amortization bonds are sold and issued, the entire issue may be 
put into one single bond or divided into several bonds, as the said 
Board of Trustees may determine upon at the time of sale, both principal 
and interest to be payable in semi-annual installments during a period 
of years from the date of issue. 

If serial bonds are issued and sold they will be in the amount of 

dollars, ($ ) each, except the first 

bond which will be in the amount of dollars, 

($ ) the sum of dollars ($ ) 

of the said serial bonds will become payable on the day of 

, 19 , and the sum of dollars, 

($ ) will become payable on the same day each year there- 
after until all of such bonds are paid. 

The said bonds, whether amortization or serial bonds, will bear 

date of , 19 , and will bear interest at a 

rate not exceeding six per centum (6%) per annum, payable semi- 
annually, on the day of (month) 

and (month) in each year, 

and will be redeemable in full. (Here insert optional provisions, if any, 
to be recited on the bonds). 

The said bonds will be sold for not less than their par value with 
accrued interest, and all bidders must state the lowest rate of interest 
at which they will purchase the bonds at par. The board of trustees re- 
serves the right to reject any and all bids and to sell the said bonds at 
private sale. 

All bids other than by or on behalf of the State Board of Land 
Commissioners must be accompanied by a certified check in the sum 



114 ELECTION LAWS OF MONTANA 

of dollars, ($ ) payable to the 

order of the clerk, which will be forfeited by the successful bidder in 
the event that he shall refuse to purchase the said bonds. 

All bids should be addressed to the undersigned clerk. 

Chairman, School District No 

of County. 

Address 

ATTEST: 



Clerk, School District No 

of County. 

Address " 

(As amended by Chapter 178, Laws of 1939.) 

Section 1252. No election for the issuance of bonds of any school 
district, or of any town, or city, or county shall be called except upon 
presentation of a petition therefor to the Board of School Trustees, or 
to the Town or City Council, or to the Board of County Commissioners, 
as the case may be, signed by at least twenty per cent of the qualified 
registered electors who are taxpayers upon property within said school 
district, town, city or county, and whose names appear on the assessement 
roll for the year next preceding such election, praying for the calling 
of said election; provided that the Board of County Commissioners, 
Board of School Trustees, Town or City Council, as the case may be, 
shall determine as to the sufficiency of such petition, and the findings 
of such governing body shall be conclusive against the municipality in 
favor of any innocent holder of the bonds issued under and by virtue of 
authority conferred by election provided by this Act. 

Section 1253. In all elections hereafter held for the issuance of 
bonds of any school district, town or city, only qualified registered 
electors who are taxpayers upon property therein, and whose names 
appear on the assessment roll for the year next preceding such election, 
shall be entitled to vote thereat. 

HIGH SCHOOL CODE 

BOND ISSUE 

Section 1262.12. If in any county maintaining a county high school 
in which no district high school is maintained not less than twenty per 
centum (20%) of the registered voters who on the last completed assess- 
ment roll of the county were assessed in their own names on real or per- 
gonal property in the county shall present to the Board of Trustees of the 
county high school a petition asking that there be submitted the question 
whether bonds of the county shall be issued for the purchase or erection 
of a high school building or buildings and/or for the repairing, remodel- 
ing, <>r enlarging thereof, and/or for the purchase of equipment thereof 
and/or for the purchase, erection and/or equipment of a high school 
dormitory or dormitories, or gymnasium, and/or for the purchase of a 
suitable site or sites for such buildings, or any of them, and/or to retire 
or refund any outstanding bonds issued for any of the purposes fore- 
going, and if such petition shall specify therein the amount of the bonds 
to be issued, and if the Board of Trustees of the county high school 
shall upon the presentation to it of the said petition, approve the same, 
and the issuance of bonds of the county to the amount therein men- 
tioned and for the purpose or purposes therein specified, the secretary 
of the said Board shall forthwith in the name of the Board of Trustees 



KXECTION LAWS OF MONTANA 115 

request the Board of County Commissioners of the county to submit 
without delay to the registered voters of such county the question whether 
bonds of the county shall be issued and sold to the amount and for the 
purpose or purposes in the petition set forth. 

Section 1202.13. Immediately upon the receipt of any such request 
it shall be the duty of the Board of County Commissioners to submit 
such question to the registered and qualified electors of the count}' in 
the manner otherwise provided by law for the submission of the question 
of the issuance of other county bonds. If a majority of the registered 
and qualified electors of the county, voting upon the question so sub- 
mitted, shall approve such issue, then the Board of County Commis- 
sioners shall forthwith issue and market the bonds authorized as in the 
case of other county bonds. 

Section 1262.14. In any county of the first, second, third, fourth or 
fifth class the amount of all bonds requested or authorized under the 
provisions of this chapter shall not exceed, in any one county, in the 
aggregate as outstanding obligations of the county the sum of four 
hundred thousand dollars ($400,000.00), and in all other counties, in any 
one county, the sum of three hundred thousand dollars ($300,000.00). 
Such bonds shall mature in twenty (20) years, or less, and shall bear 
interest and the general form of the bonds shall be fixed by the Board 
of County Commissioners. 

(As amended by Chapter, 75, Laws of 1939.) 

Section 1262.15. In any county where a county high school and 
also one or more accredited district high schools are maintained bonds 
of the county may likewise be issued in accordance with the provisions 
of this chapter and for any of the purposes aforesaid, the proceeds of 
such issue to be divided among the county high school and accredited 
district high school, or schools of the county. The question submitted to 
the electors of the county shall definitely state the amount which is 
to be allotted to the county high school and the amount which is to be 
apportioned to or among the accredited district high school, or schools; 
and in all such cases the amount to be alloted to the county high school 
and the amount to be apportioned among the accredited district high 
school or schools shall be computed upon the basis of the average daily 
attendance in the county high school, and in all the accredited district 
high schools of the county during the year preceding the submission of 
the question of the bond issue. 

ABOLISHMENT OF COUNTY HIGH SCHOOLS 

Section 1262.19. Any county in which a county high school has been 
established may abolish such county high school and dispose of all 
property belonging thereto in the manner provided in this chapter. 

Section 1262.20. Between the first day of July and the first day 
of September in any year in which a general election is held in the 
State of Montana twenty per centum (20%) or more of the qualified 
electors of any county maintaining a county high school who are also 
assessed in their own names on the assessment books of the county for 
that year upon real or personal property may file their written petition 
with the County Clerk of the county praying that the county high school 
be abolished. 

Section 1262.21. At the first regular monthly meeting of the Board 
of County Commissioners of the county immediately following such filing 
the petition shall be called to the attention of the Board by the County 
Clerk; and the Board shall immediately direct the submission to the 



116 ELECTION LAWS OF MONTANA 

registered voters of the county at the ensuing general election for that 
ir of the question whether the county high school of the county shall 
be abolished. 

Section 1262.22. The County Clerk of the county shall publish a 
notice of the filing and purpose of the said petition and that the ques- 
tion of abolishing the county high school in the county will be sub- 
mitted at the ensuing general election, at least once a week for four 
successive weeks in some newspaper of general circulation published in 
the county, and, if there lie none, in such newspaper as the Board of 
County Commissioners may designate, the first publication of such notice 
to be made between September 1 and September 15 of the said year. 

Section 1262.23. Further notice of the submission of the question 
shall be given, and such question shall be submitted to the registered 
voters of the county at the ensuing general election in November, and 
the votes cast thereon canvassed and returns thereof made in the manner 
provided by law for the election of county officers at that election, sub- 
ject, however, to the following special requirements. 

The votes for or against the abolishment of the county high school 
shall be cast by ballot which shall be in substantially the following form: 

□ For the abolishment of the county high school. 

□ Against the abolishment of the county high school. 

An elector may vote for abolishing the county high school by plac- 
ing an "X" in the square immediately before the words "For the abolish- 
ment of the county high school;" and a ballot so marked and cast shall 
be counted in favor of abolishing the county high school. An elector 
may vote against the abolishment of the county high school by placing 
an "X" in the square immediately preceding the words "Against the 
abolishment of the count}' high school"; and a ballot so marked and cast 
shall be counted against abolishing the county high school. 

Section 1262.24. If a majority of all the votes cast at such general 
election upon the question of the abolishment of the county hi.^h school 
shall be in favor of abolishing the same the Board of County Commis- 
sioners of the county at its first regular meeting in December follow- 
ing shall make and enter at large upon its minutes an abstract of the 
votes so cast and a resolution that in accordance therewith on and after 
July 1st of the year immediately following the county high school of the 
county shall he, and is thereby abolished. 

Section 1262.25. But if a majority of all the votes cast at such 
election shall be against the abolishment of the county high school a 
similar abstract of the votes shall in like manner be entered by the Board 
of County Commissioners at large upon their minutes at its December 
meeting aforesaid; and no further submission of the question of abolish- 
ing the county high school shall be had in that county for at least four 
years thereafter, provided that if an election against the abolishment of 
the county high school has been had within any county within two years 
prior to the enactment of this statute, that the question shall not again 
be re-submitted for at least four years after the date that this Act be- 
comes effective. 

JUNIOR HIGH SCHOOL 

Section 1262.45. The Board of Trustees of any school district where 
no accredited high school is already established and maintained may 
establish one or more junior high schools in the district at any time in 
accordance with the sections immediately following and provide therefor 
quarters, buildings, building sites, equipment and a teaching force. 



ELECTION I.VWS OF MONTANA 117 

Section 1262.46. Whenever the Board of Trustees of any school 
district which has no accredited high school, already established, shall 
receive a petition in writing from twenty per centum (20%), or more, 
of the registered voters of the district requesting that a junior high 
school or junior high schools be established, or shall itself resolve by 
resolution spread upon the minutes of the Board that the establishment 
of a junior high school or junior high schools is in the best interests 
of the district, an application shall forthwith be made by the said Board 
of Trustees to the Superintendent of Public Instruction, setting forth 
therein such facts and information as it may require and requesting its 
approval of the establishment of the junior high school or junior high 
schools in question. 

Section 1262.47. If the establishment of a junior high school or 
junior high schools is approved by the Superintendent of Public Instruc- 
tion, the Board of Trustees of the school district shall immediately sub- 
mit to the registered voters of the district the question whether a junior 
high school, or if the establishment of more than one such junior high 
school be contemplated, whether junior high schools shall be established 
in such district. 

Section 1262.48. If it is necessary for the district to issue bonds to 
provide quarters, buildings, building sites, and/or equipment for the 
proposed junior high school or junior high schools the application for 
the approval of the Superintendent of Public Instruction, shall set forth 
the facts pertinent to such issue and the amount of bonds required for 
the purposes mentioned, or any of them. And in any such case if the 
establishment of the junior high school or junior high schools be ap- 
proved by the Superintendent of Public Instruction the question sub- 
mitted by the Board of Trustees to the registered voters of the district 
shall be whether a junior high school, or, if the establishment of more 
than one junior high school be contemplated, whether junior high schools 
shall be established in the district and bonds in a specified amount issued 
to provide quarters, buildings, building sites and equipment, or for any 
one or more such purposes. 

Section 1262.49. The qualified electors of the district shall be en- 
titled to vote upon any question submitted to them in accordance with 
this chapter at an election called, noticed, held, canvassed and returned 
in the manner provided by law for the submission in such district of the 
question of a bond issue for the purpose of building, enlarging, altering 
or acquiring by purchase a school house, of furnishing and equipping the 
same, and of purchasing the necessary lands therefor. 

Section 1262.50. If a majority of the votes cast at any such election 
be in favor of the establishment of a junior high school or junior high 
schools the Board of Trustees of the district shall immediately estab- 
lish and open the school or schools so authorized. 

Section 1262.51. If the issuance of bonds as specified in any ques- 
tion submitted be approved the Board of Trustees shall thereafter issue 
and market the bonds of the district within the limits of the amount 
specified in the question and in the same manner and pursuant to the 
provisions and limitations of law otherwise applicable in the case of 
the issuance of district bonds for the purpose of building, enlarging, re- 
pairing or acquiring by purchase a school house, in the said district, or 
furnishing and equipping the same, and of purchasing the necessary 
lands therefor. 

Section 1262.52. The Board of Trustees of any school district wherein 
an accredited high school is already established may, by resolution and 
in compliance with the rules and regulations of the Superintendent of 



118 ELECTION LAWS OF MONTANA 

Public Instruction reorganize the school system of the district to pro- 
vide for a junior high school or junior high schools as a part of such 
Stem, without submitting the question to the qualified electors of the 
district. But nothing herein contained shall be construed to authorize 
any such Board of Trustees to issue bonds of the district or to incur 
indebtedness or to proceed in the establishment of a junior high school 
or junioi high schools other than in accordance with its general powers 
elsewhere defined. 

CHAPTER 158 

LAWS OF 1939 

Section 1. The word "superintendent" as used in this Act shall mean 
the superintendent of a district high school and the word "principal" as 
used in this Act, means the principal of a county high school organized 
under the laws of the State of Montana. A "junior college" is hereby 
defined to be a public school established as provided in this Act, in con- 
nection with accredited high schools for the purpose of providing one 
or more two-year courses beyond those of the four-year high school. 

Section 2. County High School Boards or District High School Boards 
operating accredited high schools shall have authority to establish and 
maintain in such schools in the manner provided in this Act, a depart- 
ment of junior college work, to consist of not more than two years' 
work beyond the four-year high school course. Whenever a County 
High School Board or a District High School Board operating an ac- 
credited high school shall receive a petition in writing signed by not less 
than twenty-five per cent of the registered voters of the county, in case 
the petition be filed with the County High School Board, or by not less 
than twenty-five per cent of the registered voters of the school district 
in case such petition is filed with a District School Board, requesting 
the establishment in such school of a department of junior college work, 
the Board shall spread said petition upon its minutes. If said petition 
is found by the Board to be signed by the requisite number of qualified 
voters, as disclosed by the registration lists for the last preceding elec- 
tion, the Board shall, not later than its next regular meeting, communi- 
cate to the State Superintendent of Public Instruction the fact of the 
filing of such petition together with such pertinent facts and information 
as the Board may have regarding the desirability of establishing such 
junior college department, together with the recommendations of the 
Board relative to said matter. The Board may also on its own initiative, 
and without the filing of any petition, adopt and spread upon its minutes 
a resolution requesting the establishment of such junior college and shall 
submit the same to the State Superintendent of Public Instruction for 
his approval. 

Section 3. The State Superintendent of Public Instruction shall con- 
sider all such petitions submitted by County or District High School 
Boards and may, if he deem it advisable, conduct an independent investi- 
gation with a view to determining the desirability of granting such 
petition. If the Superintendent of Public Instruction shall approve of 
the granting of such petition, Ik- shall notify the County or District 
High School Boards of his approval of the petition. The County or 
District High School Board shall thereupon submit to the registered 
voters of the county or district the question whether or not a junior 
college shall be established in their said county or district high school. 

Section 4. In any election held under the terms of this Act, all 
qualified voters of the county or district shall be entitled to vote.' All 
such elections shall be called, noticed, held, canvassed and returned in 
the manner provided by law for the submission in such county or school 



ELBCTION LAWS OF MONTANA 119 

district of the question of a bond issue for the purpose of building, en- 
larging, altering or acquiring by purchase a school house and the purchase 
of necessary lands therefor. 

Section 5. If a majority of the votes cast at any election provided 
for in this Act be in favor of the establishment of a junior college, the 
County or District High School Board shall proceed to establish such 
junior college in the following manner. Not later than September first 
of the first year in which such junior college is proposed to be established, 
the County or District High School Board shall apply to the Superin- 
tendent of Public Instruction for permission to open such junior college, 
and shall accompany such application with a full statement of the cur- 
ricula to be maintained and an application on behalf of the high school 
to be classified as a junior college. If the State Superintendent of Public 
Instruction approves the application, he shall so notify the State Board 
of Education, which shall finally approve or disapprove of the establish- 
ment of such proposed junior college, and shall promptly notify the 
County or District High School Board of its action. Upon receiving the 
final approval of the State Board of Education, the County or District 
High School Board shall have authority to proceed with the establish- 
ment and operation of such junior college. * * * 

PUBLIC BRIDGES— BONDS 

Section 1711. Before the construction of any bridge referred to in 
the preceding section, the cost of which shall exceed ten thousand dol- 
lars, shall be undertaken, the Board of County Commissioners shall sub- 
mit to the qualified electors of a county, at a general or special election, 
the question of whether such bridge shall be constructed, and the cost 
thereof paid by the county; and if the electors at such election shall vote 
in favor of the construction of such bridge, the Board of County Com- 
missioners may, if they deem it necessary and advisable to do so, issue 
and sell the bonds of said county to the amount authorized for the 
purpose of constructing such bridge, under such regulations as other 
bonds of the county are issued and sold, and with such funds construct 
said bridge; or, if the cost of such bridge shall not exceed the amount 
authorized to be raised by a special levy, a special levy may be made 
for the purpose of raising the moneys necessary to defray the cost of 
constructing such bridge, as provided in the preceding section. 

MONTANA BEER ACT 

Section 2815.53. Upon application by petition, signed by one-third 
(*/$) of the voters who are qualified to vote for members of the Legisla- 
tive Assembly in any county in the State, the Board of County Commis- 
sioners must order an election to be held at the places of holding elec- 
tions for county officers, to take place within forty (40) days after the 
reception of such petition, to determine whether or not the sale of beer 
as herein provided for shall be permitted within the limits of the county* 
No election, under this section must take place in any month in which 
the general elections are held. It shall be the duty of the Board of 
County Commissioners to determine the sufficiency of the petitions pre- 
sented from an examination of the roll of qualified electors within the 
county. 

Section 2815.54. The notice of election must be published once a 
week for four (4) weeks in such newspapers of the county where the 
election is to be held as the Board of County Commissioners may think 
proper. 

Section 2815.55. The County Clerk must furnish the ballots to be 
used at such election, as provided in the general election laws, which 



120 ELECTION LAWS OF MONTANA 

ballots must contain the following words: "Sale of beer, yes;" "Sale of 
beer, no." And the elector in order to vote must mark an "X" opposite 
one (1) of the answers. 

Section 2815.56. The polling places must be established, the judges 
and other officers to conduct the election must be designated, and the 
election must be held, canvassed and returned in all respects in con- 
formity to the general election laws of the State of Montana. 

Section 2815.57. If a majority of the votes cast are against the 
sale of beer the Board of County Commissioners must publish the re- 
sult once a week for four (4) weeks in the newspapers in which the 
notices of election were published, and from the date of the election no 
further licenses to vend beer in the county shall be issued by the Board 
of Equalization, and after the publication of notice proclaiming the re- 
sult of the election as against the sale of beer, all licenses then existing 
shall be cancelled by the State Board of Equalization, and thereafter it 
shall be unlawful to sell any beer in any such county. 

Section 2815.58. No election shall be held in the same county oftener 
than once in any two (2) years. 

Section 2815.59. Any election held under the provisions of this Act 
may be contested in the same manner as other elections under the laws 
of this State. 

Section 2815.96. Upon application by petition, signed by one-third 
of the voters who are qualified to vote for members of the Legislative 
Assembly in any county in the State, the Board of County Commission- 
ers must order an election to be held at the places of holding elections 
for county officers, to take place within forty days after the reception 
of such petition, to determine whether or not any spirituous or malt 
liquors, wine, or cider, or any intoxicating liquors or drinks may be 
sold within the limits of the county. No election, under this section 
must take place in any month in which general elections are held. The 
Board of County Commissioners must determine on the sufficiency of 
the petition presented from the roll of registered electors of the terri- 
tory affected. 

Section 2815.97. The notice of election must be published once a 
week for four weeks in such newspapers of the county where the elec- 
tion is to be held as the Board of County Commissioners may think 
proper. 

Section 2815.98. The County Clerk must furnish the ballots to be 
used at such election, as provided in the general election law, which 
ballots must contain the following words: "Sale of intoxicating liquors, 
yes;" "Sale of intoxicating liquors, no;" and the elector in order to vote 
must mark an X opposite one of the answers. 

Section 2815.99. The polling places must be established, the judges 
and other officers to conduct the election must be designated, and the 
election must be held, canvassed and returned in all respects in con- 
formity to the laws of the State. 

Section 2815.100. If a majority of the votes cast are "Sale of in- 
toxicating liquors, no," the Board of County Commissioners must publish 
the result once a week for four weeks in the paper in which the notice 
of the election was given. The provisions of this Act shall take effect 
at the expiration of the time of the publication of the notice, and there- 
upon all existing licenses shall be cancelled. 

Section 2815.101. No election must be held in the same county 
oftener than once in two years thereafter. 



ELECTION LAWS OF MONTANA 121 

Section 2815.102. If a majority of the votes at the election are, 
"Sale of intoxicating liquors, no," it shall not be lawful for any person 
within the county in which the vote was taken, to sell, cither 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 2815.103. Any election held under the provisions of this Act 
may be contested in the same manner as provided by the general laws. 

REMOVAL OF COUNTY SEAT 

(Constitutional Provision Art. XVI, Section 2, page 14) 

Section 4369. Whenever the inhabitants of any county of this State 
desire to remove the county seat of a county from the place where 
it is fixed by law, or otherwise, to another place, they may present a 
petition to the Board of County Commissioners of their county praying 
such removal, such place to be named in the petition, and that an elec- 
tion be held to determine whether or not such removal must be made. 
The petition to remove the county seat of the county from the place 
where it is fixed by law to another place must be presented to the 
Board of County Commissioners at least sixty days prior to any action 
thereon being taken by the Board of County Commissioners, and action 
on said petition by the Board of County Commissioners must be had 
at a regular meeting of said Board of County Commissioners. Such 
petition "must be filed with the County Clerk, and the County Clerk, 
immediately upon the filing of said petition, must cause to be printed 
in every newspaper published within said county a notice to the effect 
that a petition praying for the removal of said county seat has been 
filed with the County Clerk, and that said petition is open to the inspec- 
tion 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 Com- 
missioners, 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 4370. If the petition is signed by sixty-five per cent, of the 
taxpayers of such county, the Board of County Commissioners must at 
the next general election submit the question of removal to the elec- 
tors of the county; provided, that the term "taxpayers" used in this 
section shall be deemed to mean "ad valorem taxpayers," and that for 
the purpose of testing the sufficiency of any 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 taxpaying 
voters listed therein; and they shall make a similar comparison of the 
names signed to the petition with those appearing upon the listed as- 
sessment roll of the county for the purpose of ascertaining whether the 
petition bears the names of sixty-five per cent, of the ad valorem tax- 
payers as listed in said assessment roll; and if such petition then shows 
that it has not been signed by sixty-five per cent, of the voters of the 
county who are ad valorem taxpayers thereof, after deducting from 
the said original petition the names of all persons who may have signed 
such original petition, and who may have filed, or caused to be filed, 
with the County Clerk of said county or the Board of County Commis- 



122 ELECTION LAWS OF MONTANA 

sioners, 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 4371. Notice of such election, clearly stating the object, 
must be given, and the election must be held and conducted, and the 
returns made, in all respects in the manner prescribed by law in regard 
to the submitting of questions to the electors of a locality under the 
general election law. 

Section 4372. In voting on the question, each elector must vote for 
the place in the county which he prefers, by placing opposite the name 
of the place the mark X. 

Section 4373. When the returns have been received and compared, 
and the results ascertained by the Board, if a majority of the quali- 
fied electors of the county have voted in favor of any particular place, 
the Board must give notice of the results by posting notices thereof 
in all the election precincts of the county, and by publishing a like 
notice in a newspaper printed in the county at least once a week for 
four weeks. 

Section 4374. In the notice provided for in the next preceding sec- 
tion, the place selected to be the county seat of the county must be so 
declared from a day specified in the notice not more than ninety days 
after the election. After the day named in the notice, the place chosen 
is the county seat of the county. 

Section 4375. Whenever any election has been held, as provided 
for in the preceding sections of this chapter, the statement made by the 
Board of County Commissioners, showing the result thereof, must be de- 
posited in the office of the County Clerk, and whenever the Board gives 
the notice prescribed by Section 4374 of this Code, they must transmit 
a certified copy thereof to the Secretary of State. 

Section 4376. 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 4377. 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. 

LOCATION OF COUNTY SEATS 

Section 4378. Whenever a county is created hereafter in this State 
by legislative enactment, it shall be the duty of the persons appointed 
to the office of County Commissioners of such county by the Act 
creating it, to meet at some place in the county, to be agreed upon by 
a majority of said County Commissioners, within fifteen days after the 
passage of the Act creating the county, and then and there organize as a 
Board ot County Commissioners by electing one of their number chair- 
man. 

The person appointed to the office of County Clerk in the bill 
creating the county shall be notified in writing by the County Commis- 
sioners, or some one of them, of the time and place of said meeting, 
and he must attend the meeting and act as the clerk thereof and keep 
a record of the proceedings. If no person is appointed to the office of 
County Clerk by the Act creating the county, the Commissioners shall 



ELECTION LAWS OF MONTANA 123 

at such meeting select some person qualified to hold office of County 
Clerk to act as clerk of such meeting. 

Section 4379. Immediately after the organization of the Board of 
County Commissioners, as provided in the preceding section, said Board 
shall, by a resolution spread upon the minutes of its proceedings, desig- 
nate some place within said county as and to be the temporary county 
seat until the permanent county seat shall be located as hereinafter 
in this Act provided. The place so designated shall be the temporary 
county seat of said county until the permanent county seat is located 
by the electors of said county at the general election to be held on the 
first Tuesday after the first Monday of November of the next even- 
numbered year after the creation of the county, or at a special election 
as hereinafter provided. 

Tn the event of a majority of the County ^Commissioners failing to 
agree upon the location of the temporary county seat, then each County 
Commissioner shall write the name of the place he favors as the tem- 
porary county seat on a slip of paper and said slips be inclosed in envel- 
opes of the same size, color, and texture, and shall be deposited in a 
box or other suitable receptacle, and the County Clerk, in the presence 
of said Commissioners, shall draw one of the said slips. Thereupon the 
Count}' Commissioners shall, by resolution spread upon the minutes, 
declare the place named on the slip so drawn by the County Clerk to 
be the temporary county seat of said county. 

At said first general election after the creation of the county, it 
shall be the duty of the Board of County Commissioners and County 
Clerk to have separate official ballots printed and distributed for the 
use of the electors at said election; which ballots shall be in the form 
and contain the same matter as the ballots provided for in Section 4385 
of this Code, and the provisions of Section 4386 of this Code shall 
apply to and govern the manner of voting and of canvassing said bal- 
lots, and the Board of County Commissioners shall declare the result 
of such election and the location of the permanent county seat, and 
said county seat shall be located in the manner and according to the 
provisions of said Section 4386. 

Provided, however, that at any time within six months after the 
passage of an Act creating a new county, a petition or petitions may 
be filed with the County Clerk of the Board of County Commissioners 
of such county asking the Board to submit the question of the loca- 
tion of the permanent county seat to the electors of the county at a 
special election to be called and held in the manner hereinafter in this 
Act provided. Said petition or petitions must contain in the aggregate 
the names of at least one hundred taxpayers, whose names appear upon 
the assessment books containing the last assessment of the property 
situated in such new county, and whose names also appear as registered 
electors in some registration district established and existing in the ter- 
ritory embraced in the new county at the last general election held 
therein. 

The petition or petitions when filed with the Board must also have 
certificates attached thereto from the County Clerk of the county in 
which the person or persons signing the petition resided before the 
creating of the new county, certifying that the names of the persons 
signing said petition or petitions appear in the last assessment books 
of his county, and also in the registration books of his county contain- 
ing the names of the electors registered in the last general election in 
the districts now embraced in the new county. 

Section 4380. Upon filing said petition or petitions, duly certified 
to as provided in the preceding section, with the County Clerk of the 



124 ELECTION LAWS OF MONTANA 

new county, he must immediately notify the chairman of the Board of 
County Commissioners who, upon receipt of such notice, must call a 
meeting of the Board to be held within ten days after the filing of 
said petition, for the purpose of considering the same. If the Board at 
such meeting finds that said petition conforms to the requirements of 
and is in accordance with the provisions of the preceding section, it 
shall at said meeting, by a resolution spread upon its minutes, call a 
special (.-lection of the qualified electors of said county for the purpose 
of voting upon the question of the location of the permanent county seat. 

Said election shall be held on Tuesday and not less than forty nor 
more than sixty days after the date of calling the same. The Board 
must issue an election proclamation containing a statement of the time 
of the election and the question to be submitted. A copy of this procla- 
mation must be published in some newspaper printed in the county, if 
any, and posted at each place of election at least ten days before the 
election. 

Section 4381. At the meeting of the Board at which the special 
election is called for the purpose of locating the permanent county seat, 
the Board shall, by resolution spread upon its minutes, divide the county 
into registration districts and establish polling precincts in the manner 
provided by law. It must also, at such meeting, make an order desig- 
nating the house or place within each precinct where the election shall 
be held. It must also at the same session of the Board appoint registry 
agents for the several registration districts established by it, who must 
possess the qualifications required by law for registry agents. The County 
Clerk must furnish the said registry agents with books, blanks, and other 
stationery required for the proper performance of their duties. 

Section 4382. The period for the registration of electors shall be 
between the hours of nine a. m. and nine p. m. on all legal days from 
nine a. m. of the fourth Monday prior to the date of said election to 
nine p. m. of the second following Saturday. It shall be the duty of 
each registry agent to publish and post notices of the time and places 
of registration in the manner provided by law for the publication of 
notices of registration for general elections. No person shall be entitled 
to register and vote at such special election unless he is a qualified 
voter of the State of Montana of the age of twenty-one years, and will 
have been a resident of Montana one year and of the territory embraced 
within the boundaries of the new county for a period of one hundred 
and eighty days on the day next preceding the day of such election, 
and also takes and subscribes to the oath provided in Section 479, Re- 
vised Codes of Montana. 

The general election laws of this State governing the registration 
of electors and defining the duties of the registr}' agents shall apply to 
and govern the registration of electors in elections held under this Act 
in so far as the same do not conflict herewith. 

Section 4383. At the same meeting of the Board of County Com- 
missioners at which the special election for the location of the permanent 
county seat is called, the Board shall appoint three judges of election 
for each precinct in the county who shall act as the judges at said elec- 
tion. It shall be the duty of the County Clerk to have printed and 
distributed to the judges of election the necessary ballots, the form 
of which shall be as provided in Sections 4379, 4385, and 4387 of this 
Code, and also supply the judges with the necessary books, records, 
stationery and ballot-boxes required to hold such election in the manner 
provided by law. 

Section 4384. The judges appointed for said special election must 
qualify as required by the general election law, and the polls must be 



ELECTION LAWS OF MONTANA 125 

opened and closed, the voting done, the ballots counted, returns made 
to the Board of County Commissioners, and all other matters connected 
with said election carried on and conducted in accordance with and as 
provided by the general election laws of this State. 

Section 4385. The form of the ballot used at such elections shall 
be as follows: There shall be a stub across the top of each ballot, 
and separated therefrom by a perforated line. The part above the per- 
forated line, designated as the stub, shall extend the entire width of 
the ballot, and shall have a depth of not less than two inches. Upon 
the face of the stub there shall be printed in which is known as brevier 
capitals the following instructions. 

"To vote this ballot the elector will write in the blank space on 
the ballot the name of the town or place at which he desires the perma- 
nent county seat to be located." 

The ballot below the perforated line shall be in the following form: 
"For the permanent county seat of county, my 

choice is " (here insert name of county). 

Provided, that any person who, from any cause, is unable to write, may 
have one of the judges in the presenec of another judge write his choice 
on the ballot. 

Section 4386. When the name of a town or place in a county shall 
be so inserted in the blank space on such ballot by an elector, and the 
ballot has been cast as provided by law, the same shall be deemed a 
a vote for the designated town or place as the location of the permanent 
county seat of said county. The Board of County Commissioners of said 
county shall canvass the returns of said election in the manner provided 
by law for the canvassing of election returns, and upon such canvassing 
of returns the town or place found to have received a majority of all 
votes cast on such questions shall be declared by the Board the perma- 
nent county seat of the county. The order declaring the result of such 
election shall be entered of record in the minutes of the proceedings of 
the Board of County Commissioners by the County Clerk, and from the 
date of the declaration of the results of the election the town or place 
selected shall be and remain, until lawfully changed in the manner pro- 
vided by law, the permanent county seat of such county. Within ten 
days after the declaration of the result of such election, all records and 
county offices of the county, if elsewhere located, must be moved to and 
remain at the place declared the permanent county seat. 

Section 4387. If no town or place receives a majority of all votes 
cast on such question, then the town or place receiving the highest 
number of votes shall be declared by the Board and immediately become 
the temporary county seat of the county, and at the next general elec- 
tion the two towns or places receiving the greatest number of votes 
at said first election shall be the candidates for the permanent county 
seat. At said next general election, the County Clerk shall have separate 
ballots in the form provided for in Section 4385 of this Code printed 
and distributed as provided by law containing the names of said candi- 
dates for the permanent county seat. On the stub of such ballots shall 
be printed the following instructions: 

"To vote for this ballot the elector will place an X in the square be- 
fore the name of the town he intends to vote for." 

The form of such ballots below the perforated line shall be as 
follows: 

□ for the permanent county seat. 

□ for the permanent county seat. 



126 ELECTION LAWS OF MONTANA 

Of said towns or places the one receiving a majority of all the votes 
cast on such question shall be declared the permanent county seat, 
and the Board of County Commissioners must canvass the returns and 
declare the result, and the county seat must be located in accordance 
with the provisions of this Act. 

Section 4388. All laws of general nature applicable to the several 
counties of the State of Montana and to the officers thereof, and to 
their powers and duties, shall be applicable to a new county and the 
officers thereof from and after the creation of the county, except as 
otherwise provided in this Act, or the Act creating the county. 

♦ Section 4389. Any county heretofore created, in which the perma- 
nent county seat has not been located by valid election held for the 
purpose of locating the permanent county seat of said county, may have 
a special election, for the purpose of voting on such question, called and 
held under the provisions of this Act, or if no special election is held 
for such purpose, then said question shall be submitted by the County 
Commissioners at the next general election after the passage of this 
Act and in the manner provided herein for the submission of such 
questions at general elections; provided, however, that no special elec- 
tion shall be called for the purpose of submitting such question unless 
a petition or petitions containing in the aggregate the names of one 
hundred taxpaying electors of such county, whose names appear upon 
the last assessment book, and also on the last registration books of 
said county, are filed with the Clerk of the Board of County Commis- 
sioners within six months after the passage and approval of this Act. 

Upon the filing of such petition or petitions within said time, con- 
taining the requisite number of taxpaying electors, which must be ascer- 
tained by the Board from the records of said county, said Board must 
immediately call such special election as herein provided. 

If registration districts and polling precincts have already been es- 
tablished in said county, they shall remain the same for such special 
election, but a new registration shall be had and said special election 
conducted and the result determined as in this Act provided. 

The provisions of this section shall not apply in any case where 
there has been a permanent county seat located and maintained for a 
period of three years from the date immediately subsequent to the date 
of the approval of this Act, whether the same was located by legal elec- 
tion or otherwise. 

CREATION OF NEW COUNTIES BY PETITION 
AND ELECTION 

Section 4390. New counties may from time to time be formed and 
created in this State from portions of one or more counties, which shall 
have been created and in existence for a period of more than two years, 
in the manner set forth and provided in this Act; provided, however, 
that no new county shall be established which shall reduce any county 
to an assessed valuation of less than Twelve Million Dollars ($12,000,- 
000), inclusive of all assessed valuation as shown by the last preced- 
ing 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 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 Ten Million Dollars ($10,- 
000,000), inclusive of all assessed valuation as shown by the last pre- 
ceding assessment, of the county or counties from which such new county 



ELECTION LAWS OK MONTANA 127 

is to be established, nor shall any new county be formed which contains 
less than one thousand square miles of surveyed land exclusive of all 
forest reserve land or Indian reservations, not open for settlement, nor 
shall any line thereof pass within fifteen miles of the court house situate 
at the county scat of the county sought to be divided; provided, that 
such county line may be run within a distance of ten miles of a county 
seat in cases where the natural contour of the county, by reason of 
mountain ranges or other topographical conditions, is such as to make 
it difficult to reach the county seat, and in such cases a petition, signed 
by at least fifty-eight per centum (58%), of the voters in the proposed 
new county, shall be presented to the Judge of the District Court in 
which the county affected is located, asking for the appointment of a 
commission of five (5) 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 petitions referred to in Section 4393 of this Code. 

Every county which shall be enlarged or created from the terri- 
tory 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 territory shall be taken, and shall be entitled 
to a prorata proportion of the assets of the county or counties from 
which such territory is taken, to be determined as provided by Sections 
4391, 4392 and 4398 of this Code. 

Section 4391. For the purposes of this Act the assessed 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 deter- 
mined 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 propertv in any countv specified bv Section 
2000 of this Code. 

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

Section 4392. No city, town, or village shall become the temporary 
or permanent county seat of any county organization under the pro- 
visions of Sections 4390 to 4407 of this Code, or created by an Act of 
the Legislative Assembly, unless such city or town shall have been in- 
corporated 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 be fifty 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. 

Section 4393. Whenever it is desired to divide any county or coun- 
ties 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 Commission- 
ers of the county from which the largest area of territory is proposed 
to be taken for the formation of such new county, in case said new 
county is to be formed from portions of two or more existing counties; 
and such Board of County Commissioners shall be empowered and have 



128 ELECTION LAWS OF MONTANA 

jurisdiction to do and perform all acts provided for to be done or per- 
formed 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 Commis- 
sioners 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 Commissioners, in 
the same manner as if said order had been duly made by the Board of 
County Commissioners of each respective county from which territory 
is proposed to be taken. Such petition shall be signed by at least fifty- 
eight per cent, of the qualified electors of the proposed new county, 
whose names 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 peti- 
tion 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 petitions which must be similar in form, and when so signed 
the several petitions may be fastened together and shall be treated and 
presented as one petition. 

Such petition or petitions shall contain: 

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

2. A statement that no line thereof passes within fifteen miles of 
the court house situated at the county seat of anjr county proposed to 
be divided, except as hereinafter in this Act provided. 

3. A statement of the assessed valuation of such proposed county 
as shown by the last preceding assessment, inclusive of all assessed 
valuation. 

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

5. The name of the proposed new county. 

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

There shall be attached and filed with said petition or petitions 
an affidavit of five qualified electors and taxpayers 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 statements therein are true, and that it is signed by at least 
fifty-eight per cent, of the qualified electors as herein provided, of the 
proposed new county, or of the proposed portion thereof, taken from 
each existing county, where the proposed new county is to be formed 
from portions of two or more existing counties; that the signatures 
affixed thereto are genuine; and that each of such persons so signing 
was a qualified elector of such county therein sought to be divided, at 
the date of such signing. Such petition or petitions so verified, and 
the verification thereof, shall be accepted in all proceedings permitted 
or provided for in this Act, as prima facie evidence of the truth of the 
matters and facts therein set forth. Upon the filing of such petition or 
petitions and affidavits with the Clerk of the said Board of County 



EUBJCTION LAWS OF MDM'ANA 129 

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 coun- 
ties, but not within the proposed new county, and also a newspaper of 
general circulation published within the boundaries of the proposed new 
county, if there be such, in which the said County Clerk shall order 
and cause to be published, at least once a week for two weeks next 
preceding the date fixed for such hearing, a notice in substantially the 
following form : 

NOTICE 

Notice is hereby given that a petition has been presented to the 

Board of County Commissioners of county 

(naming the county represented by the Board of County Commission- 
ers with which said petition was filed), praying for the formation of a 

new county out of a portion of the said county 

and county (naming the county or counties 

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, 
rile with the said Board of County Commissioners a bond to be ap- 
proved by said Board, in an amount of Five Thousand Dollars, payable 
to the county in which said petition is filed, conditioned that the obli- 
gors named in said bond will pay to said county all expenses incurred 
in the election provided for in this Act, not exceeding the amount 
specified in said bond, in the event that at the election herein provided 
for more than forty-two per cent, of the votes cast at said election are 

"for the new county of (naming the 

proposed new county,)" "No." 

At the time so fixed for said hearing, the Board of County Com- 
missioners shall proceed to hear the petitioners and any opponents and 
protestants upon the petition or protests filed on or before the time 
fixed for the hearing. No petition or protest or petition for the exclu- 
sion 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 hearing 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 creating 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. 



130 ELECTION LAWS OF MONTANA 

The Board of County Commissioners, on the final hearing of such 
petition or petitions, shall, by a resolution entered on its minutes, de- 
termine, 

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

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

3. Whether any line of the proposed new county passes within 
fifteen miles of the court house situate at the county seat of any county 
proposed to be divided, except as hereinbefore provided. 

4. Whether the proposed new county will contain property, accord- 
ing fo the last preceding assessment, which will equal in amount at least 
Four Million Dollars, inclusive of all assessed valuation. 

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

6. Whether the area of the proposed new county will contain at 
least one thousand square miles of surveyed land to form such new 
county. 

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

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

On final hearing the Board of Commissioners, upon petition of not 
less than fifty per cent, of the qualified electors (as shown by the 
official registration books on the day of the filing of any such petition) 
of any territory lying within said proposed new county contiguous to 
the boundary line of said proposed new county, and of the old county 
from which such territory is proposed to be taken, and lying entirely 
within a single old county and described in said petition, asking that 
said territory be not included within the proposed new county, must 
make such changes in the proposed boundaries as will exclude such 
territory from such new county, and shall establish and define such 
boundaries. On final hearing the Board of Commissioners, upon pe- 
tition of not less than fifty per cent, of the qualified electors who 
are resident property taxpayers of any territory lying outside said pro- 
posed new county, and contiguous to the boundary line of said proposed 
new count}', and of the old county or counties from which such territory 
is proposed to be included, asking that said territory be included within 
the proposed new county, must make such changes in the proposed boun- 
daries as will include such territory in such new county, and shall 
establish and define such boundaries; provided, however, that the seg- 
regation of such territory from any old county or counties shall not 
leave such county with less than Twelve Million Dollars of assessed 



ELECTION LAWS OF MONTANA 131 

valuation, based upon the last assessment roll; provided, that no change 
or changes so made shall result in reducing the valuation of the pro- 
posed new county to less than an assessed valuation of Ten 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 formerly 
a part. Petitions for exclusion shall be disposed of in the order in point 
of time in which they are filed with the Clerk of the Board of County 
Commissioners, and on final determination of boundaries no changes 
in the boundaries originally proposed shall be made except as prayed for 
in said petition or petitions, or to correct clerical errors or uncertainties. 

Section 4394. If the said Board of County Commissioners deter- 
mine 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 Twelve Million Dollars, inclusive of the assessed valuation, 
nor the area thereof to less than twelve hundred square miles of sur- 
veyed land, and that the proposed new county contains property of an 
assessed valuation of at least Ten Million Dollars, inclusive of all 
assessed valuation, and that the proposed new county has an area of 
at least one thousand square miles of land, and that no line of said 
proposed new county passes within fifteen miles of the court house 
situate at the county seat of any county proposed to be divided, except 
as hereinbefore provided, and that said petition contains the genuine 
signatures of at least fifty-eight per cent, of the qualified electors of 
the proposed new county, or in cases where separate petitions are 
presented from portions of two or more existing counties (as herein 
required), that each of said petitions contain the genuine signatures of 
at least fifty-eight per cent, of the qualified electors of that portion of 
the proposed new county from which it is taken, then the said Board of 
County Commissioners shall divide the proposed new county into a con- 
venient number of township, 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 purpose of the 
election hereinafter provided for, change the boundaries of the election 
precincts in said old county or counties to make the same conform to 
the boundaries of the proposed new county; provided, that the boundary 
lines of no such precinct shall extend beyond the boundary lines of the 
then existing county in which it is located, and from which the 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 determination 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 established and organized into a new county; and for the election of 
officers and location of a county seat therefor, in case the vote at such 
election shall be in favor of the establishment and organization of such 
new county. All qualified electors residing within the proposed new 
county, who are qualified electors of the county or counties from which 
territory is taken to form such proposed new county, and who have resided 
within the limits of the proposed county for a period of more than six 
months next preceding the day of election, and who are registered under 
the provisions of the registration laws of the State, shall be entitled to 
vote at said election. Registration and transfers of registration shall be 
made and shall close in the manner and at a time provided by law for 
registration and transfers of registration for a general election in the State 
of Montana. 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 territorv which is 



132 ELECTION LAWS OK MONTANA 

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 peti- 
tion is filed to tbe 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, "For the 
new county of (giving the name of the pro- 
posed new county)" "Yes," and "For the new county of 

(giving the name of the proposed new county)" "No." and each voter de- 
siring to vote for the establishment and organization of said new county 

shall mark a cross (X) opposite the words, "For the new county of 

," "Yes," in the manner now required by law in other 

elections, and each voter desiring to vote against the establishment and 
organization of said new county shall mark a cross (X) opposite the 

words, "For the new county of ," "No," 

in the manner now required by law in other elections; and shall also 
contain the names of persons to be voted for to fill the various elective 
offices designated in said proclamation for counties of the class to 
which said proposed county will belong, as determined by the Board 
of County Commissioners as herein otherwise provided. There shall 
also be printed upon said ballot the words. "For the county seat," and 
the names of all cities or towns which may have filed with the County 
Clerk a petition signed by at least twenty-five qualified electors, nomi- 
nating any city or town within the proposed new county for the county 
seat, and the voter shall designate his choice for county seat by marking ■ 
a cross (X) opposite the name of the city or town for which he desires 
to cast his ballot. At the special election to be held, as provided in this 
Act, the question of the election of the county seat is hereby provided 
to be submitted to the qualified electors of the proposed new county, 
and the majority of all the votes cast therefor shall determine the election 
thereon. In case any city or town fails to receive the majority of all the 
votes cast, then the city or town receiving the 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 pro- 
vided for in this Act shall be made and given exclusively by the Roard 
of County Commissioners with which is filed the said petition for the 
formation and establishment of such new county, and such Roard 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 sup- 
plies 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 con- 
trolled by the general election laws of the State, so far as the same 
shall be applicable, except as herein otherwise provided. The returns 
of all elections for the creation of the county, and for officers and for 
location of the county seat as provided for in this Act, shall be made 
to and canvassed by the Roard of County Commissioners of the county 
from which the largest area is taken by the proposed county. 

The County Clerk of each county from winch 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. 



ELECTION LAWS OF MONTANA 133 

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 for such election. 

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

The provisions of the election laws relating to preparation, print- 
ing, 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. 

Section 4395. If, upon the canvass of the votes cast at such elec- 
tion, it appears that fifty-eight per cent, of the votes cast are "For the 
new county of ," "Yes," the Board of County Com- 
missioners shall, 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 number of 
votes cast at said election for county seat shall be the county seat of 
said county until removed in the manner provided by law, and desig- 
nating and declaring the person receiving respectively the highest num- 
ber of votes for the several offices to be filled at said election, to be 
duly elected to such offices. Said Board shall forthwith cause a copy 
of its said resolution, duly certified, to be filed in the office of the 
Secretary of State, and ninety days from and after the date of such 
filing said new county shall be deemed to be fully created, and the 
organization thereof shall be deemed completed, and such officers shall 
be entitled to enter immediately upon the duties of their respective of- 
fices 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 Commissioners with which 
said petition was filed, as herein provided, must immediately make out 
and deliver to each of said persons so declared and designated to be 
elected, a certificate of election authenticated by his signature and the 
seal of said county. The persons elected members of the Board of 
County Commissioners and the County Clerk shall immediately, upon 
receiving their certificates of election, assume the duties of their re- 
spective offices. 

The Board of County Commissioners shall have authority to pro- 
vide a suitable place for the county officers, and to purchase such sup- 
plies as may be deemed necessary for the proper conduct of the county 
government. All other officers take office ninety days after the filing 
of the resolution herein provided for with the Secretary of State. All 
the officers elected at said election, or appointed under this Act, shall 
hold their office until the time provided by general law for the elec- 
tion and qualification of such officers of this State, and until their 
successors are elected and qualified, and for the purpose of determin- 
ing the term of 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 preced- 
ing 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 therewith, and thereupon the proceed- 
ings relating to division of such county or counties shall cease; and 



134 ELECTION LAWS OF MONTANA 

no other proceedings in relation to any other division of said old county 
or counties shall be instituted for at least two years after such de- 
termination. 

Section 4396. At the election provided for in Section 4394 of this 
Code, there shall be chosen such county, township, and district officers 
as are now or may hereafter by general law be provided for in coun- 
ties of the class to which said new county is determined to belong, as 
herein provided; provided, that all duly elected, qualified and acting 
officers of the county or counties, who may reside within the proposed 
new county, shall be deemed to be officers of said new county if they 
file with the Board of County Commissioners, whose duty it shall be 
to call the election, within five days after the final hearing and de- 
termination of said petition of such proposed new county, their inten- 
tion to become officers of said proposed new county, and the Board 
of County Commissioners issuing the proclamation of any election, as 
in this Act provided, shall omit providing for the election of any such 
officers as may have filed their declaration as herein provided; and pro- 
vided, 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 4394 provided, shall hold office as such Justices of the Peace 
or Constables in said county for the remainder of the term for which 
they were elected on qualifying as Justices of the Peace or Constables 
for the respective townships in which they reside, when said town- 
ships are organized as provided in this Act; provided, further, that all 
duly elected, qualified, and acting School Trustees residing within the 
proposed new county at the time of the division of such county into 
school districts, as hereinbefore in Section 4394 provided, shall hold 
office as School Trustees in said new county for the remainder of 
the term for which they were elected on qualifying as School Trustees 
for the respective districts in which they reside, as said districts are 
organized as provided by this Act. Each person elected or appointed 
to fill an office of such new county under the provisions of this Act 
shall qualify in the manner provided by law for such officers, except 
as herein otherwise provided, and shall enter upon the discharge of 
the duties of his office within such time as herein provided, after the 
receipt of the certificate of his election. Each of such officers may 
take the oath of office before any officers authorized by the laws of 
the State of Montana to administer oaths, and the bond of any officer 
from which a bond is required shall be approved by any Judge of the 
District Court of the district to which such new county is attached 
for judicial purposes. The officers elected or appointed under the pro- 
visions of this Act shall each perform the duties and receive the com- 
pensation now provided by general law for the office to which he has 
been appointed or elected in the counties for the class to which such 
new county shall have been determined to belong, as herein provided 
under the general classification of counties in this State. 

Said new county, when created and organized in pursuance of the 
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 proclama- 
tion to be issued by him, designating such new county as attached to 
the particular judicial district for judicial purposes. 

Section 4396.1. At the special election held for the purpose of voting 
on the creation of a new county, a State Senator shall be elected, who 
will hold office until the next general election. 

Section 4396.2. At a special election held for the purpose of voting 
on the question of the creation of a new county, a Board of County 
Commissioners shall be elected, who shall hold office until the next 
general election. 



ELECTION LAWS OE MONTANA 135 

Section 4397. It shall be the duty of the persons elected to or 
continuing to hold the office of County Commissioners of said new 
county to meet at the county seat thereof within five days after all 
of them shall have qualified, and upon organization of said Board of 
County 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 Commissioners shall, within ten days 
after the notice of the appointment, meet at the county seat of the 
new county and organize 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 attendance of such persons and the production of such books and 
papers before said Commission as may be required in the performance 
of their 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 are are allowed 
to him for services in civil actions; 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. 

Section 4398. Said Board of Commissioners shall immediately after 
its organization ascertain the costs of the election held hereunder, and 
apportion the same pro rata among each of the counties from which 
territory was taken to form such new county * * *. 

Section 4404. Whenever in this Act publication of any notice is 
provided for, and no newspaper of general circulation is published 
within the territory in which said notice is required to be published, 
notice shall be given by posting copies of such notices in at least ten 
public places in such territories for the same length of time said notice 
was required to be published. 

Section 4405. 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 Representa- 
tives. 

Section 4406. Any member of the Board of County Commissioners, 
or any other officer who unlawfully and knowingly violates any of the 
provisions of this Act, or fails or refuses to perform any duty imposed 
upon him hereunder, shall be guilty of a misdemeanor and of malfeas- 
ance in office, and shall be deprived of his office by a decree of a court 
of competent jurisdiction, after trial and conviction. 

Section 4407. All Acts and parts of Acts in conflict herewith are 
hereby repealed, with the exception: This Act shall not apply in any 
cases whereby the election has been held under the Act passed by the 
Fifteenth Legislative Session for the creation of counties and a ma- 
jority vote has been cast in favor thereof, but the provisions of this 



136 ELECTION LAWS OF MONTANA 

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 Commissioners which may have 
ordered any election in pursuance of existing laws to immediately make 
an order annulling and setting aside all further proceedings in rela- 
tion to such proposed 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 cost's of election for the creation of 
any proposed new county shall be deemed void, and no liability shall be 
incurred thereunder. 

CHAPTER 105 

Laws of 1937 

An Act Providing for the Abandonment and Abolishment of Counties 
and for Attaching the Territory Abandoned and Abolished Coun- 
ties to Adjoining Counties, Upon Vote of the Electors of such 
Counties and the Procedure Therefor; Providing That the Terms of 
Office of Members of Board of County Commissioners, Officers of 
Such Counties; and Representatives and Senators of Such Counties 
in the Legislative Assembly of the State of Montana Shall Cease 
and Terminate Upon the Abandonment and Abolishment of Coun- 
ties; Providing for the Payment of the Indebtedness of Such Counties 
and for Tax Levies for Such Purpose; and Providing for the Dis- 
position of the Moneys, Credits and Property Owned by Abandoned 
and Abolished Counties. 

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

Section 1. The organization and corporate existence of any county 
organized under the laws of this State may be abandoned and abolished 
and the territory within its boundaries attached to and made a part of 
some adjoining county in the manner provided by this Act. 

Section 2. A petition may be filed with the County Clerk of a 
county, asking that the question of abandonment and abolishing the or- 
ganization and corporate existence of such county and attaching its 
territory to and making the same a part of some adjoining county, be 
submitted to the qualified electors of such county at an election. Such 
petition shall state the name of the adjoining county to which the terri- 
tory of such county, so to be abandoned and abolished, shall be attached 
and made a part; such petition shall be signed by not less than thirty- 
live per centum (35%) of the qualified electors of the county whose 
names appear upon the registration records of such county, shall con- 
tain the postoffice address and voting precinct of each person signing 
the same, and shall state the name and address of three persons to whom 
notice of the insufficiency of the petition shall be sent in the event that 
the petition shall not have the required number of signatures of quali- 
fied electors signed thereto. It shall be the duty of the County Clerk, 
within thirty days after the filing of such petition to examine the same, 
to ascertain and determine from the registration records of the county 
whether such petition is signed by the required number of qualified 
electors. Such clerk may be authorized by the Board of County Com- 
missioners to employ additional help in his office to assist him in the 
work of examining such petition and such Board shall provide for their 
compensation. When such examination is completed said Clerk shall 
forthwith attach to such petition his certificate, properly dated and signed, 
showing the result of his examination, and if said certificate shows that 
said petition is signed by the required number of qualified electors, said 



ELECTION LAWS OF MONTANA 137 

Clerk shall immediately present said petition to the Board of County 
Commissioners, if such Board be then in session, otherwise at its first 
regular meeting after the date of such certificate. No person, after sign- 
ing any such petition, shall be allowed or permitted to withdraw his 
signature or name therefrom. 

Section 3. Whenever any such petition is presented to the Board 
of County Commissioners of a county with a certificate of the County 
Clerk attached thereto, showing that said petition has been signed by 
not less than thirty-five per centum (35%) of the qualified electors of 
such county whose names appear upon the registration records of said 
county, as provided in Section 2 of the Act, said Board of County Com- 
missioners shall immediately upon presentation of such petition, make 
and enter an order in its minutes fixing a day for considering and 
taking final action on said petition, which shall be not less than thirty 
(30) nor more than thirty-five (35) days after the date when said 
order is made, and shall cause a notice to be published in the official 
newspaper of the county to the effect that such petition has been pre- 
sented to such Board asking for the abandonment and abolishment of 
the county and that said Board will meet at the time specified in said 
order for considering and taking final action on said petition, at which 
time any and all registered electors of the county interested therein 
may appear and be heard thereon. Such notice shall be published once 
a week for two (2) consecutive weeks immediately following the making 
of such order. 

At any time prior to five (5) days before the date fixed for con- 
sideration and final action on such petition fifty per centum (50%) of 
the registered electors residing within a particular part or portion of 
such county, may file with the County Clerk of such county a petition 
in writing signed by them praying that the part or portion of such 
county within which such petitioners reside shall not be attached to the 
county designated in the petition for abandonment but shall be attached 
to some other adjoining county, which petition shall definitely, particu- 
larly and accurately describe the boundaries of such part or portion of 
said county which said petitioners desire to be attached to such other 
adjoining county and shall specify and name such other adjoining county 
to which such part or portion is to be attached if said county is aban- 
doned and abolished. Whenever any such petition is filed the County 
Clerk shall immediately examine the same and determine from the reg- 
istration records of the county whether such petition has been signed by 
the required number of registered electors and shall attach thereto his 
certificate showing the total number of registered electors residing within 
the boundaries described in said petition and the number thereof whose 
names appear on said petition, and shall deliver such petition with 
such certificate attached, to the Board of County Commissioners when 
such Board meets to consider and take final action on such petition for 
abandonment, separate and independent petitions may be filed by reg- 
istered electors residing within the boundaries of separate and distinct 
and different parts or portions of such county, praying that the territory 
embraced within the boundaries described therein may be attached to 
and become parts of the same, or different adjoining counties, other than 
the county named and designated in the petition of abandonment, if 
said county is abandoned. No person after signing any such petition 
shall be allowed or permitted to withdraw his signature or name there- 
from. 

Section 4. On the day fixed by the Board for consideration and 
final action on such petiton for abandonment the Board shall meet and 
examine and consider all petitions which may have been filed praying 
that particular parts or portions of said county, if abandoned, be at- 
tached to an adjoining county or counties, other than the county named 



138 ELECTION LAWS OF MONTANA 

in such petition for abandonment, and shall determine the sufficiency 
of each such petition filed, and shall enter its finding with regard thereto 
in its minutes, and said Board shall thereupon adopt a resolution, which 
shall be in writing and also entered in full in its minutes, and which shall 
be in substantially the following form: 

WHEREAS, there has been filed with the Clerk of (name) county, 
Montana, a petition asking that the organization and corporate existence 
of said county be abandoned and abolished and its territory attached to 
and made a part of an adjoining county, to wit, the County of (name), 
Montana; 

AND WHEREAS, said petition has been presented to the Board of 
County Commissioners of (name) county, with a certificate of the Clerk 
of said county attached thereto showing that said petition has been 
signed by not less than thirty-five per centum (35%) of the registered 
electors of said county; 

(If any petition for attaching any part or portion of the county, in 
case of abandonment to an adjoining count}' or counties, other than the 
county named in the petition for abandonment, and found to have been 
signed by the required number of registered electors, insert the follow- 
ing for each petition) 

AND WHEREAS, there has been filed a petition signed by not less 
than fifty per centum (50%) of the registered electors residing within 
that part or portion of said county described as (give description as 
contained in petition) praying that the part or portion of said county 
within such boundaries be attached to and made a part of the County of 
(name of county given in petition) if said county be abandoned: 

NOW THEREFORE BE IT RESOLVED, that if said (name) 
county shall be abandoned and abolished the territory embraced within its 
boundaries shall be attached to and become part of the following. (If 
all to be attached to one adjoining county so state, but if parts or por- 
tions to any other county or counties, then describe the part or portion 
to go to each adjoining county as well as to the county named in the 
petition for abandonment.) 

AND BE IT FURTHER RESOLVED, that the County Clerk of 
(name) county, Montana, make copies of this resolution, each with a 
copy of said petition for abandonment, with the signatures omitted there- 
from (and copies of petitions for attaching parts or portions of said 
county to adjoining county or counties, other than the county named in 
the petition for abandonment, if any were filed and found sufficient, with 
signatures omitted) and certify to the same and affix the seal of the county 
thereto, and transmit one of said copies to the Governor of the State of 
Montana, and one of said copies to the Clerk of each county to which 
any part of said county is to be attached, if abandoned. 

Said resolution must be signed by the members of the Board of 
County Commissioners and the County Clerk must, within five (5) days 
thereafter, make the certified copies of said resolution, with copy of 
petition or petitions attached, and transmit one copy to the Governor of 
the State of Montana and one copy to the County Clerk of each county 
to which any part or portion of said county is to be attached, if aban- 
doned. 

Section 5. Upon receipt of a certified copy of the resolution pro- 
vided for in Section 4 of this Act, the Governor shall, within ten days 
thereafter, issue his proclamation calling a special election in the county 
in which the petition referred to in said resolution was filed, and in 



ELECTION LAWS OF MONTANA 139 

each county designated in such resolution as a county to which any of 
the territory of such county, if abandoned and abolished, shall be at- 
attached and made a part, at which election there shall be submitted to the 
qualified electors of the county in which such petition was filed the 
question of whether or not such county shall be abandoned and abolished 
and its territory attached to and made a part of the county designated 
and named for such purpose in said petition, and at which election there 
shall be submitted to the qualified electors of each county named and 
designated in such resolution as a county to which a part of the terri- 
tory of the county, proposed to be abandoned and abolished, shall be 
attached and made a part, if such county shall be so abandoned and 
abolished, the question of whether or not such part of the territory of 
such county, if abandoned and abolished, described in such resolution 
shall be attached to and become a part of such county. Such procla- 
mation shall fix a day for holding such election in such counties, which 
shall be not less than ninety days nor more than one hundred and 
twenty days after the date of the Governor's proclamation calling the 
same; provided that if a general election will be held in said counties 
within one hundred and twenty days after the date of such proclamation, 
the Governor, in such proclamation, shall direct that such question be 
submitted to the qualified electors of said counties at such general election. 
Such proclamation shall be filed in the office of the Secretary of State 
and copies thereof shall be transmitted by the Governor to the County 
Clerk of each of the counties in which such election is to be held. 

Section 6. The County Clerk of each of such counties after receiv- 
ing a copy of such election proclamation shall present the same to the 
Board of County Commissioners, if such Board is then in session, and if 
not in session, then at the first meeting thereof held after such clerk 
has received the same, and the Board of County Commissioners of each 
of such counties shall issue such proclamations and give such notices of 
election as are required by the general laws of this State when ques- 
tions are to be submitted to the qualified electors of a county at an 
election and which proclamation and notices shall include a descrip- 
tion of the boundaries of that part of the county proposed to be aban- 
doned and to be attached to and made a part of such county, if said 
county be abandoned, and the County Clerk of each of such counties 
shall give notice of the closing of the registration books and shall cause 
the same to be closed at the time and in the manner provided by the 
general registration and election laws of this State. 

Section 7. At such election the question to be submitted to the 
qualified electors of the county in which said petition was filed shall be 
as follows: 



□ 
□ 



For the abandonment and abolishment of the county of 

(name) and attaching the territory within its boundaries to 

and making the same a part of the county or counties of 
(name) 

Against the abandonment and abolishment of the county of 

(name) and attaching the territory within its boundaries to 

and making the same a part of the county or counties of 
(name) 



And the question to be submitted to the qualified electors of the 
counties, designated in the resolution as the county or counties to which 
the territory of the county proposed to be abandoned and abolished, is 
to be attached and made a part, shall be as follows: 



140 ELKCTION" LAWS OF MONTANA 



□ 

□ 



For attaching to and making a part of the county of (name) 
a part of the territory within the boundaries of the county of 
(name) if the same is abandoned and abolished. 

Against attaching to and making a part of the county of 
(name) a part of the territory within the boundaries of the 
county of (name) if the same is abandoned and abolished. 



Said election shall be held, voted, counted and returns made and 
canvassed in the manner provided by the general election laws of this 
State. 

Section 8. The Board of County Commissioners of each county, act- 
ing as a canvassing board, must within ten (10) days after the holding 
of such election canvass the returns of such election, and within five 
(5) days thereafter the Clerk of each county must make and enter 
in the records of said Board a statement of the vote in such county and 
transmit to the Secretary of State, by registered mail, an abstract thereof, 
which shall be marked "Election Returns." Within ten (10) days after 
receiving such abstracts from all counties in which such election was 
held, and on notice from the Secretary of State, the Board of State 
Canvassers shall meet and canvass, compute and determine the vote, and 
the Secretary of State, as secretary of such Board, must make and file 
in his office a statement thereof and transmit a copy thereof to the Gov- 
ernor. Upon receipt of such copy the Governor shall issue a proclama- 
tion declaring the result of such election and shall file a copy of such 
proclamation in the office of the Secretary of State and transmit a copy 
of such proclamation to the County Clerk of each of the counties in 
which such election was held, and each such County Clerk shall file the 
same in his office and present the same to the Board of County Com- 
missioners of his county, if such Board is then in session, otherwise at 
the first meeting of the Board after the same has been received by such 
Clerk. 

Section 9. If, at such election a majority of the votes cast in the 
county in which such petition was filed shall be cast in favor of the 
abandonment and abolishment of such county, and a majority of the 
votes cast in the county, designated in the petition for abandonment as 
the county to which the territory of the abandoned county shall be at- 
atached, shall be in favor thereof, then the organization and political and 
corporate existence of the county in which such petition for abandonment 
was filed shall cease and terminate and said county shall be abandoned 
and abolished and disincorporated and cease to exist and its territory 
shall be attached to and become a part of the counties designated in the 
resolution adopted under Section 4 of this Act, and the term of office 
of each of the officers thereof, and of the members of the Board of 
County Commissioners thereof, and of its Senator and Representative 
in the Legislative Assembly shall cease and terminate at twelve (12:00) 
o'clock midnight on the thirtieth day of June immediately following; 
provided that if at any such election a majority of the votes cast in any 
adjoining county named in the resolution adopted under Section 4 of this 
Act, other than the county designated in the petition for abandonment 
as the county to which the territory of the abandoned county shall at- 
tach, shall be against the attaching of any portion of the territory of the 
abandoned county to such adjoining county, then such portion of such 
territory described in said resolution shall be attached and become a 
part of the county designated in such resolution for abandonment as the 
county to which the territory of the abandoned county shall attach. 



ELECTION LAWS oi'' MONTANA 141 

DUTIES OF COUNTY COMMISSIONERS RELATIVE TO 

ELECTIONS 

Section 4465.2. The Board of County Commissioners has jurisdic- 
tion and power under such limitations and restrictions as are prescribed 
by law: 

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

Section 4515. The Board of County Commissioners must provide 
all poll-lists, poll-books, blank returns and certificates, proclamations 
of elections, and other appropriate and necessary appliances for hold- 
ing all elections in the county, and allow reasonable charges therefor, 
and for the transmission and return of the same to the proper officers. 

Section 4516. Whenever, as canvassers, the Board of County Com- 
missioners declare the result of any election held in the county, cer- 
tificates must be by the Clerk of the Board issued to all persons elected 
to a county office or to a township or district office therein, and such 
other certificates must be made out and transmitted as required by the 
title relative to elections. 

COUNTY FINANCES— BONDS AND WARRANTS 

Section 4630.7. County bonds for any other purpose than those 
enumerated in Section 4630.6 shall not be issued unless authorized at a 
duly called special or general election at which the question of issuing 
such bonds was submitted to the qualified electors of the county and 
approved, as provided in Section 4630.13; and no such bond election shall 
be called unless there has been presented to the Board of County Com- 
missioners a petition, asking that such election be held and such ques- 
tion be submitted, signed by not less than twenty per centum (20%) 
of the qualified electors of the county, who are taxpayers upon property 
within the count}- and whose names appear on the last completed as- 
sessment roll for State and county taxes. 

Section 4630.8. Every petition for the calling of an election to vote 
upon the question of issuing county bonds shall plainly and clearly state 
the purpose or purposes for which the proposed bonds are to be issued, 
and shall contain an estimate of the amount necessary to be issued for 
such purpose or purposes. There may be a separate petition for each 
purpose, or two (2) or more purposes may be combined in one (1) peti- 
tion if each purpose, with an estimate of the amount of bonds necessary 
to be issued therefor, is separately stated in such petition. Such petition 
may consist of one (1) sheet, or of several sheets identical in form and 
fastened together after being circulated and signed so as to form a 
single complete petition before being delivered to the County Clerk as 
hereinafter provided. The petition shall give the postoffice address and 
voting precincts of each person signing the same. 

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



142 ELECTION' LAWS OF MONTANA 

(1) The total number of persons who are registered electors and 
whose names appear upon the last completed assessment roll for State 
and county taxes. 

(2) Which and how many of the persons whose names are sub- 
scribed to such petition are possessed of all of the qualifications re- 
quired of signers to such petition. 

(3) Whether such qualified signers constitute more or less than 
twenty per centum (20%) of the registered electors whose names appear 
upon the last completed assessment roll for State and county taxes. 

Section 4630.9. When such petition has been filed with the County 
Clerk and he has found that it has a sufficient number of signers, quali- 
fied to sign the same, he shall place the same before the Board of County 
Commissioners at its first meeting held after he has attached his cer- 
tificate thereto. The Board shall thereupon carefully examine the petition 
and make such other investigation as it may deem necessary. 

If it is found that the petition is in proper form, bears the requi- 
site number of signers of qualified petitioners, and is in all other re- 
spects sufficient, the Board shall pass and adopt a resolution which 
shall recite the essential facts in regard to the petition and its filing 
and presentation, the purpose, or purposes, for which the bonds are 
proposed to be issued, and fix the exact amount of bonds proposed to 
be issued for each purpose, which amount may be less than but must 
not exceed the amount set forth in the petition, determine the number 
of years through which such bonds are to be paid, not exceeding the 
limitations fixed in Section 4630.4, and making provisions for having 
such question submitted to the qualified electors of the county at the 
next general election, or at a special election which the Board may call 
for such purpose. 

Section 4630.10. Whether such election is held at the general elec- 
tion, or at a special election, separate notice shall be given thereof. 
Such notice shall state the date when such election will be held, the 
hours between which the polls will be open, the amount of bonds pro- 
posed to be issued, the purpose of the issue, the term of years through 
which the bonds are to be paid, and such other information regarding 
the holding of the election and the bonds proposed to be issued as 
the Board may deem proper. If bonds are to be issued for two (2) or 
more purposes, each purpose and the amount therefor must be sepa- 
rately stated. Such notice shall be posted in each voting precinct 
throughout the county in the same manner as notices for a general 
election are required to be posted. Such notice must also be published 
once each week for four (4) consecutive weeks preceding the election 
in the official newspaper of the county. 

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

If the question of issuing bonds is submitted at a general election, 
the polls shall be kept open during the same hours as are fixed for 
such general election and the judges and clerks for such general election 
shall act as the judges and clerks for such bond election. 

Section 4630.11. The form of ballots shall be as prescribed by Sec- 
tion 4722; but if bonds are sought to be issued for two (2) or more 






i:i.K< TIO\ LAWS OF MONTANA 143 



separate purposes, then separate ballots must be provided for each 
purpose. The election shall be conducted in the manner prescribed by 
said Section 4722, and the general election laws of the State shall govern 
insofar as they are applicable; but if such question be submitted at a 
general election the votes thereon must be counted separately and sepa- 
rate returns must be made by the judges and clerks at such election. 

4630.12. In all county bond elections hereafter held only qualified 
registered electors residing within the county, who are taxpayers upon 
property therein and whose names appear upon the last completed assess- 
ment roll for State, county and school district taxes, shall have the right 
to vote. Upon the adoption of the resolution calling for the election, the 
County Clerk must cause to be published in the official newspaper of the 
county a notice, signed by him, stating that registration for such bond 
election will close at noon on the fifteenth day prior to the date for holding 
such election and at that time the registration books shall be closed for 
>uch election. Such notice must be published at least ten (10) days prior 
to the day when such registration books will be closed. 

After the closing of the registration books for such election the 
County Clerk shall promptly prepare lists of the registered electors 
of such voting precinct, who are taxpayers upon property within the 
county and whose names appear on the last completed assessment roll 
tor State, county and school district taxes, and who are entitled to vote 
at such election, and shall prepare poll books for such election, as pro- 
vided in Section 568 of the Revised Codes of Montana for 1935, and 
deliver the same to the judges of election prior to the opening of the 
polls. It shall not be necessary to publish or post such list of qualified 
electors. 

(As amended by Chapter 138, Laws of 1939.) 

Section 4630.13. Whenever the question of issuing county bonds for 
any purpose is submitted to the qualified electors of a county, at either 
a general or special election, not less than forty per centum (40%) of 
the qualified electors entitled to vote on such question must vote thereon, 
otherwise such proposition shall be deemed to have been rejected; pro- 
vided, however, that if forty per centum (40%), or more of such qualified 
electors do vote on such question, at such election, and a majority of 
such votes shall be cast in favor of such proposition, then such proposi- 
tion shall be deemed to have been approved and adopted. 

Section 4630.14. If the bonding election be held at the same time 
as a general election, then the returns shall be canvassed at the same 
time as the returns from such general election; but if the bonding 
election is a special election, then the Board of County Commissioners 
shall meet within ten (10) days after the date of holding such special 
election and canvass the returns. If it is found that at such election 
forty per centum (40%) or more, of the qualified electors entitled to 
vote at such election voted on such question, and that a majority of 
such votes were cast in favor of the issuing of such bonds, the Board 
of County Commissioners shall, at a regular or special meeting held 
within thirty (30) days thereafter, pass and adopt a resolution provid- 
ing for the issuance of such bonds. Such resolution shall recite the 
purpose for which such bonds are to be issued, the amount thereof, 
the maximum rate of interest the bonds may bear, the date they shall 
bear, the period of time through which they shall be payable, the op- 
tional provisions, if any; and provide for the manner of the execution 
of the same. It shall provide that preference shall be given amortiza- 
tion bonds but shall fix the denomination of serial bonds in case it shall 
be found advantageous to issue bonds in that form, and shall adopt a 
form of notice of the sale of the bonds. 



144 ELECTION LAWS OF MONTANA 

The Board may, in its discretion, provide that such bonds may be 
issued and sold in two or more series or installments. 

BOND ISSUE AND TAX LEVY FOR BRIDGE CONSTRUCTION 

Section 4713. 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 of the county of ten mills 
or less; provided, that such proportion of the funds derived under the 
provision of this Act as are expended on State and main highways 
shall be expended under plans approved by the State Highway Commis- 
sion. 

Section 4714. Before such increased levy shall be made, the ques- 
tion 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 4715. A majority of the votes cast shall be necessary to 
adopt such measure. 

Section 4716. Such levy shall be collected in the same manner as 
other road taxes are collected. 

QUESTION OF RAISING MONEY TO BE SUBMITTED 

TO A VOTE 

(Constitutional Provisions, Art. XIII, Sec. 5, Page 11) 

Section 4717. The Board of County Commissioners must not borrow 
money for anv of the purposes mentioned in this title, or for any single 
purpose to an amount exceeding Ten Thousand Dollars, without the 
approval of a majority of the electors of the county, and without first 
having submitted the 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 4718. Whenever it is necessary to submit to a vote of the 
electors of the county the question of making a loan, the Board must 
first determine the amount necessary to be raised. 

Section 4719. 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 elec- 
tors of a locality under the general election law. 

Section 4720. 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. 



r.i.i:< tio\ i.vws OF MONTANA 145 

Section 4721. If a majority of the votes cast arc 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 4722. Hereafter, whenever, in due course of law, in the 
manner and form required by law and according to the provisions and 
requirements of law, any question or proposition of or relating to bonded 
indebtedness, or of issuing bonds or of refunding, increasing, or creating 
a bonded indebtedness is submitted, ordered submitted, or to be sub- 
mitted to the electors of any county, at a general or other election, 
when, at the same time, candidates for National, State or county office 
or offices are to he voted upon or for by the qualified electors of such 
county, such question or proposition relating to bonds or bonded in- 
debtedness shall not be placed or printed upon the official ballots fur- 
nished electors at 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 Commission- 
ers shall authorize, and the County Clerk shall have printed and furnish 
to election judges and officials in each voting precinct of such county, 
separate ballots therefor, equal in number to the official ballots so fur- 
nished, and containing the names of such candidates for office. Said 
separate ballots shall be white in color and of convenient size, being 
only large enough to contain the printing herein required to be done and 
placed thereon, and shall have printed thereon in fair-sized, legible type 
and black ink, in one line or more, as required, the words "For" said 
bonding proposition (stating it and the terms thereof explicitly and at 
length), and 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 therefor; and such separate ballot shall be returned 
to the election judges by the voter, with said other official ballot, if the 
voter chooses to vote for candidates for office and is entitled to do so. 
The election judges shall deposit said separate ballot on the bonding 
proposition, separate from the voter's other official ballot, in the ballot- 
box. 

GOVERNMENT OF COUNTIES 

(Constitutional Provisions, Art. XVI, Sec. 4-6, page 12) 

Section 4723. No person is eligible to a county office who at the 
time of his election is not of the age of twenty-one years, a citizen of 
the State, and an elector of the county in which the duties of the office 
are to be exercised, or for which he is elected. 

Section 4724. No person is eligible to a district or township office 
who is not of the age of twenty-one years, a citizen of the State, and 



146 ELECTION LAWS OF MONTANA 

an elector of the district or township in which the duties of the office 
are to be exercised, or for which he is elected. 

Section 4725. The officers of a county are: 

A Treasurer; 
A County Clerk; 
A Clerk of the District Court; 
A Sheriff; 

A County Auditor, except in the sixth, seventh, and eighth class 
counties; 

A County Attorney; 

A Surveyor; 

A Coroner; 

A Public Administrator; 

An Assessor; 

A County Superintendent of Common Schools; 

A Board of County Commissioners. 

Section 4726. The officers of townships a,re 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. 

Section 4728. There shall be elected in each county the following 
county officers who shall possess the qualifications for suffrage prescribed 
by the constitution of the State of Montana, and such other qualifications 
as may be prescribed by law: 

One County Clerk who shall be Clerk of the Board of County Com- 
missioners and ex-officio Recorder; one Sheriff; one Treasurer, who shall 
be collector of the taxes; provided, that the County Treasurer shall not 
be eligible to his office for the succeeding term; one County Superin- 
tendent of Schools; one County Surveyor; one Assessor; one Coroner; 
one Public Administrator. Persons elected to the different offices named 
in this section shall hold their respective offices for the term of four (4) 
years, and until their successors are elected and qualified. 

The County Attorneys, County Auditors, and all elective township 
officers, must be elected at each general election as now provided by 
law. The officers mentioned in this Act must take office on the first 
Monday of January next succeeding their election, except the County 
Treasurer, whose term begins on the first Monday of March next suc- 
ceeding his election. 

Vacancies in all county, township and precinct offices, except that 
of County Commissioners, shall be filled by appointment by the Board 
of County Commissioners, and the appointee shall hold his office until 
the next general election; provided, however, that the Board of County 
Commissioners of any county may, in its discretion, consolidate any two 
or more of the within named offices and combine the powers and "duties 
of the said offices consolidated; however, the provisions hereof shall not 
be construed as allowing one (1) office incumbent to be entitled to the 
salaries and emoluments of two (2) or more offices; provided, further, 
that in consolidating county offices, the Board of County Commissioners 
shall, six (6) months prior to the general election held for the purpose 
of electing the aforesaid officers, make and enter an order, combining 
any two (2) or more of the within named offices, and shall cause the 
said order to be published in a newspaper, published and circulated 



ELECTION LAWS OV MONTAIK \ 147 

generally in said county, for a period of six (6) weeks next following the 
date of entry of said order. * * * 

(As amended by Chapter 134, Laws of 1939.) 

Section 4729. The election and terms of office of County Commis- 
sioners are provided for in the constitution. 

Section 4730. The election and terms of office of District Judges 
and Justices of the Peace are provided for in the Code of Civil Pro- 
cedure. 

COUNTY MANAGER FORM OF GOVERNMENT 

Section 4954.1. Any county in the State is hereby authorized to 
adopt a county manager form of government as herein defined, and in 
accordance with the procedure herein specified. 

Section 4954.2. (a) Upon a petition filed with the Board of County 
Commissioners signed by not less than 20 per cent, of the whole num- 
ber of voters who voted at the last general election asking that a 
referendum be held on the question of adopting the county manager 
form of government, it shall be the duty of the Board of County Com- 
missioners to submit the question at the next regular election or call a 
special election for the purpose. If a special election is called it shall be 
held not more than ninety days nor less than sixty days from the filing 
of the petition, but not within thirty days of any general election. The 
question submitted shall be worded: 

"Shall the county manager form of government be adopted in 

County?" 



(b) It shall be the duty of the Board of County Commissioners 
to publish a notice of the referendum in a daily paper twice a week 
for a period of three consecutive weeks, or in case there is no daily 
paper of wide circulation in the county, then in a weekly paper for four 
consecutive weeks. 

(c) If a majority of the votes cast on the question at the election 
shall be in favor of the county manager form of government it shall 
go into effect at a date designated in the petition or resolution. Pro- 
vided: That no elected official then in office, whose position will no 
longer be filled by popular election, shall be retired prior to the expira- 
tion of his term of office, but that from and after the establishment of 
such form of government, his duties shall be such duties as are assigned 
to him by the County Manager. 

Section 4954.23. One or more County Commissioners may be re- 
moved by the electors qualified to vote for a successor of such incum- 
bent. A petition of fifty-one per cent, of all qualified electors registered 
for the last general election, demanding the election of a successor to 
the person sought to be removed, shall be filed with the Director of 
Finance of the county, which petition shall contain a general statement 
of the grounds for which the removal is sought. The signatures to the 
petition need not be appended to one paper, but each signer shall add 
to his signature, his place of residence; one of the signers shall make 
oath before an officer, competent to administer oaths, that the state- 
ments therein are true, as he believes and that each signature to the 
paper appended is the genuine signature of the person it purports to be. 
On the filing of a sufficient petition, the Director of Finance shall order 
and fix a date for holding said election, not less than seventy days nor 
more than eighty days from the date of the filing of such petition. The 
Director of Finance shall cause to be made publication of notice and all 
arrangements for holding of such election and the same shall be con- 



148 ELECTION LAWS OF MONTANA 

ducted and returned and the results thereof declared, in all respects 
and in the same manner as any other election. Nominations hereunder 
shall be made by tiling with the Director of Finance, at least thirty 
days prior to such special election, a statement of candidacy, accom- 
panied by a petition signed by electors entitled to vote at such 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 election. The 
ballot for such special election shall be in substantially the following 
form : 

"OFFICIAL BALLOT 

Special election for the balance of the unexpired term of 

for 

(Vote for one only) 

(Name of candidate) 

(Name of present incumbent) 

(Official ballot attest) 

Signature 

Director of Finance." 

The successor of any officer so removed shall hold office during the 
unexpired term of his predecessor. Any person sought to be removed 
may be a candidate to succeed himself and unless he requests otherwise 
in writing, the Director of Finance shall place his name on the official 
ballot without nomination. In case of any such removal election, the 
candidate or candidates receiving the highest number of votes shall be 
declared elected. If the incumbent is not re-elected, he thereupon shall 
be deemed removed from the office, upon the qualification of his suc- 
cessor. If the incumbent receives the highest number of votes, or in 
case of a removal election for more than one commissioner, he or they 
receiving a sufficient number of votes so that his or their vote is the 
highest number for said office or offices of commissioner, he or they 
shall continue in office. The said method of removal shall be cumula- 
tive and additional to the methods herein provided by law. 

CLASSIFICATION AND ORGANIZATION OF CITIES 

AND TOWNS 

Section 4961. Whenever the inhabitants of any part of a county 
desire to be organized into a city or town, they may apply by petition 
in writing, signed by not less than fifty qualified electors, residents o'f 
the State, and residing within the limits of the proposed incorporation, 
to the Board of County Commissioners of the county in which the ter- 
ritory is situated, which petition must describe the limits of the pro- 
posed 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 terri- 
tory to be incorporated, and state the name of the city or town. The 
petition and map must be filed in the office of the County Clerk. Upon 
filing the petition, the Board of County Commissioners, at its next 
regular or special meeting, must appoint some suitable person to take a 
census of the residents of the territory to be incorporated. After taking 
the census, the person appointed to take the same must return the list 
to the Board of County Commissioners, and the same must be filed by 
it in the County Clerk's office. No municipal corporation must be formed 
unless the number of inhabitants is three hundred or upwards. 

Section 4962. After filing the petition and census, if there be the 
requisite number of inhabitants for the formation of a municipal cor- 
poration, as required in the preceding section, the County Commission- 



ELECTION LAWS OF MIIM'AW 149 

ers must call an election of all the qualified electors residing in the 
territory, described in the petition. Said election must be held at a 
convenient place within the territory described in the petition, to be 
designated by the Board, notice of which election must be given by pub- 
lication in some newspaper published within the limits of the territory 
to be incorporated, or, if none be published therein, by posting notice 
in three public places within said limits. The notice must be published 
thirty days prior to the election, and must specify the time and place 
when and where the same is held, and contain a description of the 
boundaries of the city or town. The Board must appoint judges and 
clerks of election, who must qualify as required by law, and after the 
election they must report the result to the Board, together with the 
ballots cast at said election. The ballots used at the election must be 
"For incorporation" or "Against incorporation," and all elections must 
be conducted as provided in Sections 531 to 828 of these Codes. 

Section 4963. When the incorporation of a city or town is com- 
pleted, the Board of County Commissioners must give notice for thirty 
days in a newspaper published within the limits of the city or town, 
or, if none be published therein, by posting notices in six public places 
within the limits of the corporation, of the time and place or places 
of holdng the first election for offices of the corporation. At such elec- 
tion 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 4964. At such election there must be elected, in a city of 
the first class, a Mayor, a Police Judge, a City Attorney, a City Treas- 
urer, a City Marshal, and two Aldermen from each ward into which 
the city may be divided; in a city of the second class, a Mayor, a Police 
Judge, a City Treasurer, a City Marshal, and two Aldermen from each 
ward; in a town, a Mayor, and two Aldermen from each ward, who 
hold office until the first Monday of May after the first annual election, 
and until their successors are elected and qualified. The persons so 
elected must qualify in the manner prescribed by law for county officers. 
The Board of County 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 4967. All officers of such city or town holding office at 
the time of the adoption of this Code remain in office until the next 
annual election and the first Monday of May next ensuing thereafter, 
and until their successors are elected and qualified. The duties and 
compensation of such officers and the liabilities of sureties on official 
bonds remain the same. All elections must be held under the provisions 
of this Code relative to the government of cities and towns. 

Sections 4971. The first election of officers of the new municipal 
corporation organized under the provisions of this chapter must be at 
the first and annual municipal election after such proceedings, and the 
old officers remain in office untli the new officers are elected and 
qualified. 

Section 4979. When a city or town desires to be annexed to another 
and contiguous city or town, the council of each thereof must appoint 
three commissioners to arrange and report to the municipal authorities 
respectively, the terms and conditions on which the annexation can be 
made, and if the City or Town Council of the municipal corporation to 
be annexed approves of the terms thereof, it must by ordinance so 



150 ELECTION LAWS OF MONTANA 

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

CITIES AND TOWNS— OFFICERS AND ELECTIONS 

Section 4995. The officers of a city of the first class consist of one 
Mayor, two Aldermen for each ward, one Police Judge, one City Treas- 
urer, who may be ex-officio Tax Collector, who must be elected by the 
qualified electors of the city as hereinafter provided. There may also 
be appointed by the Mayor, with the advice and consent of the Council, 
one City Attorney, one City Clerk, one Chief of Police, one Assessor, 
one Street Commissioner, one City Jailer, one City Surveyor, and when- 
ever a paid fire department is established in such city, a Chief Engineer 
and one or more assistant engineers, and any other officers necessary 
to carry out the provisions of this title. The City Council may, by ordi- 
nance, prescribe the duties of all city officers and fix their compensation, 
subject to the limitations contained in this title. 

Section 4996. 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 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 4997. The officers of a town consist of one Mayor and 
two Aldermen from each ward, who must be elected by the qualified 
electors of the town as hereinafter provided. There may be appointed 
by the Mayor, with the advice and consent of the Council, one Clerk, 
who may be ex-officio Assessor and a member of the Council, and one 
Treasurer, who may be ex-officio Tax Collector, and one Marshal, who 
may be ex-officio Street Commissioner, and any other officers necessary 
to carry out the provisions of this title. The Town Council may pre- 
scribe the duties of all town officers, and fix their compensation, sub- 
ject to the limitations contained in this title. 

Section 5001. 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 population so as to make 
them as nearly equal as possible. 

Section 5002. Cities of the first class must be divided into not less 
than four nor more than ten wards; cities of the second class into not 
less than three nor more than six; and cities of the third class into not 
less than two nor more than four wards; and towns into not less than 
two nor more than three wards. All changes in the number and boun- 
daries of wards must be made by ordinance, and no new ward must be 
created unless there shall be within its boundaries one hundred and 
fifty electors, or more. 



ELECTION LAWS OF MONTANA 151 

Section 5003. On the first Monday of April of every second year 
a municipal election must be held, at which the qualified electors of 
each town or city must elect a Mayor and two Aldermen from each 
ward, to be voted for by the wards they respectively represent; the 
Mayor to hold office for a term of two (2) years, and until the quali- 
fication of his successor; and each Alderman so selected to hold office 
for a term of two (2) 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 shall hold office for a term of two (2) years, 
and until* the qualification of their successors; provided, however, that 
in all cities and towns when the term of office of the incumbent Mayor, 
Aldermen, Police Judge or City Treasurer will not expire until the first 
Monday in May, 1936, a special election must be held on the first Mon- 
day in April, 1936, at which election a successor to such Mayor, Alder- 
man, Police Judge or City Treasurer shall be elected for a term of one 
(1) year, and thereafter no election shall be held for the election of city 
officers, except every second year. 

Section 5004. No person shall be eligible to the office of Mayor 
unless he shall be at least twenty-five years old and a taxpaying free- 
holder within the limits of the city, and a resident of the State for at 
least three years, and a resident of the city for which he may be elected 
Mayor two years next preceding his election to said office, and shall 
reside in the city or town for which he shall be elected Mayor during 
his term of office. 

Section 5005. At the first annual election held after the organiza- 
tion of a city or town under this title, the electors of such city or 
town must elect two Aldermen from each ward, who must, at the 
first meeting of the Council, decide by lot their terms of office, one 
from each ward to hold for a term of two years, and one for the term 
of one year, and until the qualification of their successors. 

Section 5006. The terms of all officers elected at a municipal election 
are to commence on the first Monday in May after such election. 

Section 5007. No person is eligible to any municipal office, elective 
or appointive, who is not a citizen of the United States, and who has 
not resided in the town or city for at least two years immediately pre- 
ceding his election or appointment, and is not a qualified elector thereof. 

Section 5008. No person shall be eligible to the office of Alder- 
man 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 5009. The Council must provide by ordinance for the reg- 
istration 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 qualifications of 
electors except as in this title provided. 

Section 5010. All qualified electors of the State who have resided 
in the city or town for six months and in the ward for _ thirty days 
next preceding the election are entitled to vote at any municipal election. 

Section 5011. Where the city or town is divided into wards there 
must be at least one voting place in each ward and there may be as 
many more as the council or other governing body shall fix, and the 
elector must vote in the ward in which he resides. In cities and towns 
divided into two wards the election precincts must correspond with the 



e 



152 BISECTION LAWS OF MONTANA 

wards, but a ward may be subdivided into several voting precincts, and 
when so divided the elector shall vote in the precinct in which he resides. 
In cities and towns operating under the commission, or the commission- 
manager plan of municipal government, where there are no wards for 
election purposes and the officers of the city or town are elected at large, 
the election precincts shall correspond with the election precincts in 
such city or town as fixed by the Board of County Commissioners for 
State and county elections, but such precincts may be by the city 
commission divided into as many voting precincts, to facilitate the 
voting and counting of the vote, as the city commission shall by ordi- 
nance provide, and the elector shall vote in the voting precinct so 
designated, in which he resides. For all municipal elections the city 
council or other governing body may appoint a second or additional, 
board of election judges for any voting precinct in which there were 
cast three hundred and fifty or more votes in the last general city election 
or in which the council or other governing body believes as many as three 
hundred and fifty ballots will be cast in the next general city election, 
and such additional board of election judges shall have the same powers 
and duties, and under the same conditions, as the second additional board 
of election judges for general elections appointed by Boards of County 
Commissioners under the provisions of Section 587 of the Revised Codes 
of Montana of 1935, as amended by Chapter 61 of the laws of the Twenty- 
fifth Legislative Assembly of the State of Montana. In all cities and 
towns where voting machines are used, the city council or other govern- 
ing body must arrange the precincts so that there will be no more than 
six hundred votes in any voting precinct. All municipal elections must 
be conducted in accordance with the general laws of the State of Mon- 
tana relating to such election. 

(As amended by Chapter 19, Laws of 1939.) 

Section 5012. On the Monday following any election, the Council 
must convene and publicly canvass the result, and issue certificates of 
election to each person elected by a plurality of votes. When two or 
more persons have received an equal and highest number of votes for 
any one of the offices voted for, the Council must thereafter, at its first 
regular meeting, decide by vote between the parties which 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 pub- 
lished 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 meeting all elections, appointments, or other business may be trans- 
acted that could have been on the day first herein named. 

Section 5013. 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 ap- 
pointment; or, if no notice be received, then on or before the date fixed 
for the assumption by him of the duties of the office to which he may 
have been elected or appointed; but if any one, either elected or ap- 
pointed to office, fails for ten days to qualify as required by law, or 
enter upon his duties at the time fixed by law, then such office becomes 
vacant; or if any officer absents himself from the city or town con- 
tinuously for ten days without the consent of the Council, or openly 
neglects or refuses to discharge his duties, such office may be by the 
Council declared vacant; or if any officer removes from the city or town, 
or any Alderman from his ward, such office must be by the Council de- 
clared vacant. 

Section 5014. The officers elected enter upon their duties the first 
Monday of May succeeding their election, and officers appointed by the 



ELECTION LAWS OF MONTANA 153 

Mayor, with the advice and consent of the Council, within ten days after 
receiving notice of their appointment. 

Section 5015. When any vacancy occurs in any elective office, the 
Council, by a majority vote of the members, may fill the same for the 
unexpired term and until the qualification of the successor. A vacancy 
in the office of Alderman must be filled from the ward in which the 
vacancy exists, but if the Council shall fail to fill such vacancy before 
the time for the next election, the qualified electors of such city or 
ward may nominate and elect a successor to such 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 officer. 

Section 5039.61. The City or Town Council has power: to sell, dis- 
pose of, or lease any property belonging to a city or town, provided, 
however, that such lease or transfer be made by ordinance or resolution 
passed by a two-thirds vote of all the members of the Council; and 
provided further that if such property be held in trust for a specific 
purpose such sale or lease thereof be approved by a majority vote of 
taxpayers of such municipality cast at an election called for that pur- 
pose; and provided further that nothing herein contained shall be con- 
strued to abrogate the power of the Board of Park Commissioners to 
lease all lands owned by the city heretofore acquired for parks within 
the limitations prescribed by sub-division 5 of Section 5162, Revised 
Codes of Montana of 1935. 

(As amended by Chapter 35, Laws of 1937.) 

Section 5039.63. The City or Town Council has power: To con- 
tract an indebtedness on behalf of a city or town, upon the credit thereof, 
by borrowing money or issuing bonds for the following purposes, to wit: 
Erection of public buildings, construction of sewers, bridges, water- 
works, lighting plants, supplying the city or town with water by con- 
tract, the purchase of fire apparatus, the construction or purchase of 
canals or ditches and water rights for supplying the city or town with 
water, and the funding of outstanding warrants and maturing bonds; 
provided, that the total amount of indebtedness authorized to be con- 
tracted in any form, including the then existing indebtedness, must not, 
at any time, exceed three per centum of the total assessed valuation of 
the taxable property of the city or town, as ascertained by the last 
assessment for State and county taxes; provided, that no money must 
be borrowed on bonds issued for the construction, purchase, or secur- 
ing of a water plant, water system, water supply, or sewerage system, 
until the proposition has been submitted to the vote of the taxpayers 
affected thereby of the city or town, and the majority vote cast in favor 
thereof; and, further provided, that an additional indebtedness shall be 
incurred, when necessary, to construct a sewerage system or procure 
a water supply for the said city or town, which shall own or control 
said water supply and devote the revenue derived therefrom to the 
payment of the debt. The additional indebtedness authorized, including 
all indebtedness heretofore contracted, which is unpaid or outstanding, 
for the construction of a sewerage system, shall not exceed ten per 
centum over and above the three per centum heretofore referred to, of 
the total assessed valuation of the taxable property of the city or town 
as ascertained by the last assessment for State and county taxes; and, 
provided further, that the above limit of three per centum shall not be 
extended, unless the question shall have been submitted to a vote of the 
taxpayers affected thereby, and carried in the affirmative by a vote of 
the majority of said taxpayers who vote at such election. It is further 
provided, that whenever a franchise has been granted to, or a contract 
made with, any person or persons, corporation or corporations, and such 



154 ELECTION LAWS OP MONTANA 

person or persons, corporation or corporations, in pursuance thereof, or 
otherwise, have established or maintained a system of water supply, or 
have valuable water rights or a supply of water desired by the city or 
town for supplying the said city or town with water, the city or town 
granting such franchise or entering into such contract or desiring such 
water supply, shall, by the passage of an ordinance, give notice to such 
person or persons, corporation or corporations, that it desires to purchase 
the plant and franchise and water supply of such person or persons, 
corporation or corporations, and it shall have the right to so purchase 
the said plant or water supply, upon such terms as the parties agree; 
in case they cannot agree, then the city or town shall proceed to acquire 
the same under the laws relating to the taking of private property for 
public use, and any city or town acquiring property under the laws 
relating to the taking of private property for public use, shall make 
payment to the owner or owners of the plant or water supply of the 
value thereof legally determined, within six months from and after final 
judgment is entered in the condemnation proceedings. For the purpose 
of providing the city or town with an adequate water supply for munici- 
pal and domestic purposes, the City or Town Council shall procure and 
appropriate water rights and title to the same, and the necessary real 
and personal property to make said rights and supply available, by pur- 
chase, appropriation, location, condemnation, or otherwise. Cities and 
towns shall have jurisdiction and control over the territory occupied by 
their public works, and over and along the line of reservoirs, streams, 
trenches, pipes, drains, and other appurtenances used in the construction 
and operation of such works, and also over the source of stream for 
which water is taken, for the enforcement of its sanitary ordinances, the 
abatement of nuisances, and the general preservation of the purity of 
its water supply, with power to enact all ordinances and regulations 
necessary to carry the powers hereby conferred into effect. For this 
purpose the city or town shall be authorized to condemn private prop- 
erty in the manner provided by law, and shall have authority to levy a 
just and equitable tax on all consumers of water for the purpose of de- 
fraying the expenses of its procurement. 



FREE PUBLIC LIBRARIES 

Section 5049. 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 seven 
hundred and fifty thousands dollars or more, a tax not exceeding two 
and one-half mills on the dollar on the property may be levied. In a 
city or town having an assessed valuation of less than seven hundred 
fifty thousand dollars, a tax not exceeding three mills on the dollar 
on the property 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 thereof; provided, that no increase over 
the present authorized levy shall be made until the question of such 
increase has been first submitted to a vote of the taxpayers affected 
thereby. 

Section 5050. Before any such ordinance is passed the Council must 
submit to the qualified electors of the city or town at an election the 
question. At such election the ballot 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 answer for which 
he intends to vote. 

Section 5051. If the majority of the votes cast at such election is 
in favor of the establishment of a public library, then such library must 



KI.KCTION LAWS OF MONTANA 155 

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. 

INITIATIVE AND REFERENDUM IN CITIES AND TOWNS 

Section 5058. Ordinances may be proposed by the legal voters of 
any city or town in this State, in the manner provided in this Act. 
Eight per cent, of the legal voters of any city or town may propose to 
the City or Town Council an ordinance on the subject within the legis- 
lative 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 its first meeting next following the filing of the petition. The Coun- 
cil 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 referendum 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 num- 
ber of counsel who shall be heard on either side, and the time to be 
allowed for argument. It shall only be necessary to state in the com- 
plaint 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 differ 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 also have power to decide, if 
the fact be put in issue by the defendant, whether or not the petition 
was signed by a sufficient number of voters and was regular in form. 
If the Court shall decide that the change was material and that the 
petition was regular in form and signed by a sufficient number of 
legal voters, then the ordinance proposed by the petition shall be sub- 
mitted to the people as provided in this Act. If the Court shall decide 
that the ordinance passed by the Council was not materially different 
from that proposed in the petition, or the petition was not regular in 
form, or not signed by a sufficient number of legal voters, the ordi- 
nance shall not be submitted to the people. If the Court shall decide 
that the changes made by the Council were material, but that the 
petition was irregular for some reason, or not properly or sufficiently 
signed, a new petition, regular in form, may be presented by the re- 
quired number of legal voters, asking the Council to submit such ordi- 
nance 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 



156 ELECTION LAWS OP" MONTANA 

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. Refore 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 deter- 
mine 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 de- 
fendants, in the caption of the complaint, there shall be added the 
words, "and all petitioners whose names appear on the petition for an 

ordinance filed on the day of in the 

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

similarly directed, and shall be served on the defendants named therein, 
and in 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 District Court 
shall be final except in cases where it shall decide that the proposed 
ordinance would be unconstitutional or invalid as being beyond the powers 
of the City or Town Council, and in such excepted cases the petitioners, 
or any of them, may appeal to the Supreme Court as in other cases, 
but shall not be required to give any bond for costs. The decision of 
the District Court holding such ordinance valid or constitutional shall 
not, however, prevent the question being raised subsequently, if the 
ordinance shall be passed and go into effect, by any one affected by the 
ordinance. No costs shall be allowed to either side in suits or appeals 
under this section. 

Section 5059. 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 
such petition be signed by not less than fifteen per cent, of the electors 
qualified to vote at the last preceding municipal election. 

Section 5060. 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 meas- 
ures, 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 members elected. 

In emergency ordinances the resolutions shall include only such 
measures as are immediately necessary for the preservation of peace, 
health, and safety, and shall not include a franchise or license to a 
corporation or individual, nor any provisions for the sale of real estate, 
nor any lease or letting of any property for a period exceeding one year, 
nor the purchase or sale of personal property exceeding Five Thousand 
Dollars in value. 

Section 5061. 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 addressed to the Council and filed with 
the Clerk of the city or town, demand that such ordinance or resolu- 
tion, or any part or parts thereof, shall be submitted to the electors 
of the city or town. 

Section 5062. 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 election; provided, the petition 
or petitions shall have been filed with the City Clerk at least thirty 



ELECTION LAWS OF MONTANA 157 

davs before such election. If such petition or petitions be signed by 
not less than fifteen per cent, of the qualified electors of the city or 
town, the measures shall be submitted at a special election to be held 
for the purpose. 

Section 5063. The City or Town Council may in any case order 
a special election on a measure proposed by the initiative, or when a 
referendum is demanded, or upon any ordinance passed by the City or 
Town Council, and may likewise submit to the electors, at a general 
election, any ordinance passed by the City or Town Council. 

Section 5064. Whenever a measure is ready for submission to the 
electors, the Clerk of the city or town shall, in writing, notify the Mayor 
thereof, who, forthwith, shall issue a proclamation setting forth the 
measure and the date of the election or vote to be had thereon. Said 
proclamation shall be published four days in four consecutive weeks 
in each daily newspaper in the municipality, if there be such, other- 
wise in the weekly newspapers published in the city or town. In case 
there is no weekly newspaper published, the proclamation and the meas- 
ure shall be posted conspicuously throughout the city or town. 

Section 5065. 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 regular board of judges, clerks and officers, as votes for candi- 
dates for office are counted, convassed, 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 municipality for and against 
such measure, and it shall be published in like manner as other procla- 
mations herein provided for. A measure accepted by the electors shall 
take effect five days after the vote is officially announced. 

Section 5066. The qualifications for voting on questions submitted 
to the electors, under the provisions hereof, shall be the same as those 
required for voting at municipal elections in the city or town at elections 
for Mayor or Aldermen thereof. And where, by the laws of the State, 
or by ordinance of the city or town made in pursuance thereof, electors 
are required to register in order to be qualified to vote at municipal 
elections, the registration book or books shall be prima facie evidence of 
the right to sign any petition herein provided for. 

Section 5067. The form of petitions and the proceedings under this 
Act shall conform as nearly as possible, with the necessary changes as 
to details, to the provisions of the laws of the State relating to the 
initiative and referendum, and be regulated by such laws, except as 
otherwise provided in this Act. The City Clerk shall perform the duties 
which, under the State laws, devolve upon the County Clerk and Secre- 
tary 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 5068. The provisions of this Act regarding the referendum 
shall not apply to ordinances which are required by any other law of 
the State to be submitted to the voters or the electors or taxpayers of 
any city or town. 



158 KI.F.CTION LAWS OF MONTANA 



MUNICIPAL CONTRACTS AND FRANCHISES 

Section 5074. The Council must not grant a franchise or special 
privilege to any person save and except in the manner specified in the 
next section. The powers of the Council are those only expressly pre- 
scribed by law and those necessarily incident thereto. 

Section 5075. No franchise for any purpose whatsoever shall be 
granted by any city or town, or by the Mayor or City Council thereof. 
to any person or persons, association, or corporation, without first sub- 
mitting the application therefor to the resident freeholders whose names 
shall appear on the city or county tax-roll preceding such election. 

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

Section 5077. If the majority of votes cast at the election be "For 
granting franchise," the Mayor and City Council must thereupon grant 
the same by the passage and approval of a proper ordinance. 

MUNICIPAL COURTS 

Section 5094.3. There shall be elected at the general city election in 
the year 1936 in all cities with a population of twenty thousand (20,000) 
and over, one Judge of Municipal Court. The term of such Judge so 
elected shall commence on the first Monday in May, 1936, and terminate 
on the first Monday in May, 1938. Thereafter, Judges of Municipal 
Courts shall be elected at the general city elections in all even numbered 
years. Such judges shall hold office for the term of two years from the 
first Monday of May in the year in which they are elected and until 
their successor is elected and qualified. All elections of Municipal Judges 
shall be under and governed by the laws applicable to the election of 
city officials, except that the names of candidates for Municipal Judge 
shall be placed on the ballot to be used at such election without any 
party designation or any statement, measure or principle which the candi- 
ilnt c advocates or any slogan after his name. 



BONDING FIRE DISTRICTS IN UNINCORPORATED TOWNS 

Section 5149. Whenever the Board of County Commissioners shall 
have established a fire district in any unincorporated town or village, 
said Board of County Commissioners shall be and is hereby constituted 
ox-officio a Board of Directors of such fire district. The Board of Di- 
rectors of any duly established fire district in unincorporated towns or 
villages within this State shall, whenever a majority of the directors 
so decide, submit to the electors of the district the question of whether 
the Board shall be authorized to issue bonds to a certain amount, not 
to exceed three per cent, of the pcrcentum of the assessed value of the 
taxable property in such district, and bearing a rate of interest not 
eeding six per cent., for the purpose of purchasing fire equipment, 



BLECTION IiAVVS OF MONTANA 159 

necessary lands, erecting buildings for fire purposes, acquiring a water 
supply, purchasing or otherwise acquiring or constructing a water sys- 
tem and establishing pipe lines. No such bonds shall be issued unlc-s 
a majority of all the votes cast at any such election shall be cast in 
favor of such issue. Such bonds may be either amortization or serial 
bonds, but shall not extend over a longer term than ten years. 

Section 5150. The time fixed for holding such election must be at 
least thirty days after the date of the order calling such election. Notice 
of such election must be given by the Board of Directors by _ posting 
notices thereof, at least ten days before the day of election, in three 
public places within such district, one of which must be at the polling 
place. The Board of Directors must designate a polling place within 
such district and name three persons residing therein, and who are quali- 
fied to vote at such election, as judges and clerks of such election, and 
a copy of the order fixing the day of election must be delivered to the 
County Clerk and Recorder of the county in which such district is located 
immediately after the same is made. Upon receipt of the copy of such 
order the County Clerk and Recorder must, at least twenty days before 
the day fixed for holding such election, cause a notice to be posted in 
at least three public places in such fire district, stating the register of 
voters for the precinct in which such district is located will be closed 
on a day to be specified therein, and which must be the tenth day before 
the day for holding such election, and on the day specified therein the 
register of voters for such precinct must be closed and remain closed 
until after the holding of such election. The County Clerk and Recorder 
shall, immediately after the closing of registration for such precinct, 
make a copy of the register of voters for such precinct and deliver the 
same to the County Treasurer who shall compare the same with the 
assessment books for the last assessment for State and county taxes, and 
note after the name of each person contained in such register whether 
such person's name appears on such assessment books, and make out 
and sign a certificate giving the names of all such persons whose names 
do appear on such assessment books and attach the same to such register, 
and the Treasurer must then return such register to the County Clerk 
and Recorder who must deliver the same to the persons named as judges 
and clerks of such election. At such election no person whose name 
does not appear in such Treasurer's certificate as a taxpayer whose name 
appears on the last assessment books shall be permitted to vote, and 
no person whose name does so appear in such certificate shall be per- 
mitted to vote unless he shall reside within the limits of the first district, 
and every person offering to vote at such election, and otherwise quali- 
fied to do so, must make and subscribe an affidavit, before one of such 
judges of election, stating that he actually resides within the limits of 
such fire district, and all such affidavits shall be preserved and delivered 
to the Board of Directors of the district at the same time the returns are 
delivered to such Board. The polls for such election shall be opened at 
1 o'clock in the afternoon and remain open until 6 o'clock in the after- 
noon. The judges and clerks shall count the votes cast at such election 
and shall make a return thereof to the directors of district, who shall 
canvass and declare the result of such election. The Board of Directors 
shall cause the affidavits herein provided for and the ballots to be pre- 
pared for such election in a number equal to the total number of regis- 
tered electors in the precinct in which the district is located, which ballots 
shall be substantially in the following form: 

"Shall bonds be issued and sold to the amount of 

dollars and bearing not to exceed 6% interest per annum and for a 

period not exceeding years for the purpose of (state 

purpose.)" 

□ BONDS— YES. 

□ BONDS— NO. 



160 ELECTION LAWS OP MONTANA 

The elector shall prepare his ballot by marking an X in the square 
before the proposition for which he desires to vote. If a majority of 
the votes cast at such election is in favor of issuing bonds the Board 
of Directors shall issue such bonds; such bonds shall be issued in sub- 
stantially the same manner and form as bonds of school districts of 
the third class, shall bear the signature of the Chairman of the Board 
of Directors, and of the County Recorder, as ex-officio secretary of 
the fire district; if coupons are attached to the bonds they shall also 
be signed by such chairman and secretary, provided that a lithographic, 
printed or engraved facsimilie signature of the president and secretary 
may be affixed to the coupons if so recited in the bonds, and the seal 
of the fire district shall be affixed to each bond. Each bond shall be 
registered in the office of the County Treasurer in a book provided for 
that purpose, which shall show the number and amount of each bond 
and the person to whom the same is issued or sold; and the said bond 
shall be sold by the Board of Directors as hereinafter provided. 

INDEBTEDNESS OF CITIES OR TOWNS— BONDS 

(Constitutional Provisions, Art. XIII, Sec. 6, page 11) 

Section 5195. Whenever the Council of any city or town shall deem 
it necessary to raise money by taxation, in excess of the levy now 
allowed by law, for any purpose for which said city or town is author- 
ized 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, at at a special election called 
for that purpose by the Council of such city or town; provided, how- 
ever, that such additional levy shall not exceed five mills. 

Section 5196. Where the question of making such additional levy 
is so submitted, notice thereof shall be given by publication for at least 
thirty days prior to such election 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 5197. The submission of said question shall expressly pro- 
vide for what purpose such additional levy is to be made, and, if au- 
thorized, the money raised for such additional levy shall be used for 
that specific purpose only; provided, that if any balance remain on 
hand after the purpose for which said levy was made has been ac- 
complished, such balance may, by vote of the Council, be transferred 
to any other fund of said city or town. 

Section 5198. If at any time it is desired to submit the question 
of additional levies for more than one purpose, such proposition shall 
be submitted on separate ballots, each of which ballots shall be in sub- 
stantially the following form: Shall the City (or Town) Council be 
authorized to make a levy of (here insert the number) mills taxes in 
addition to the regular levy now authorized by law for the purpose of 
(here insert the purpose for which the additional levy is to be made). 

□ Against additional levy. 

□ For 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 elec- 
tion shall be held and the votes canvassed 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. 



ELECTION LAWS OF MONTANA 161 

Section 5199. The Council may provide by ordinance for regis- 
tration of qualified electors who arc taxpaying freeholders in such city 
or town, and no person shall he entitled to register or vote at such 
election who is not such taxpaying freeholder and qualified elector. 

Section 5199.1. That from and after the passage and approval of 
this Act, only such registered electors of the city, town, school district, 
or other municipal corporation whose names appear upon the last pre- 
ceding assessment roll shall be entitled to vote upon any proposal to 
create or increase any indebtedness of the city, town, school district or 
other municipal corporation, required by law to be submitted to a vote 
of the electors thereof. 

Section 5199.2. The County Clerk shall, immediately after the clos- 
ing of the registration books of his county preceding such election, as 
provided by law, prepare lists of the registered electors of the city, town, 
school district, or other municipal corporation whose names appear upon 
the last preceding assessment roll, and shall prepare poll books there- 
for as provided by Section 568, and furnish copies thereof to the city, 
town, school district or municipal corporation in which such election is 
to be held for which he shall receive compensation as provided in Sec- 
tion 571. When the election is upon a proposal to create or increase the 
indebtedness of a city, town, school district or other municipal corpora- 
tion, the County Clerk shall deliver such lists to the Clerk of the city, 
town, school district or other municipal corporation, holding such elec- 
tion, and it shall be his duty to post such lists in the manner provided in 
said Section 567. 

Section 5278.1. Whenever the council of any city or town having 
a corporate existence in this State, or hereafter organized under any 
of the laws thereof, shall deem it necessary to issue bonds for any pur- 
pose whatever, under its powers as set forth in any statute or statutes 
of the State of Montana, or amendments thereto, the question of issuing 
such bonds shall first be submitted to the qualified electors of such city 
or town in the manner hereinafter set forth; provided, however, that it 
shall not be necessary to submit to such electors the question of issuing 
funding or refunding bonds to fund or refund warrants or bonds issued 
prior to and outstanding on the 1st day of April, 1937. In order to issue 
bonds to fund or refund warrants or bonds issued prior to and outstand- 
ing on April 1st, 1937, it shall only be necessary for the council, at a 
regular or duly called special meeting, to pass and adopt a resolution 
setting forth the facts in regard to the indebtedness to be funded or 
refunded, showing the reason for issuing such bonds and fixing and 
determining the details thereof, giving notice of the sale thereof in the 
same manner that notice is required to be given of the sale of bonds 
authorized at an election, and then following the procedure prescribed 
in this Act for the sale and issuance of such bonds. 

(As amended by Chapter 108, Laws of 1937.) 

Section 5278.6. No bonds shall be issued by a city or town for any 
purpose, except to fund or refund warrants or bonds issued prior to and 
outstanding on April 1, 1937, as authorized in Section 5278.1, unless au- 
thorized at a duly called special or general election at which the ques- 
tion of issuing such bonds was submitted to the qualified electors of the 
city or town, and approved, as hereinafter provided, and no such elec- 
tion shall be called unless there has been presented to the City or Town 
Council a petition, asking that such election be held and question sub- 
mitted, signed by not less than twenty per centum (20%) of the quali- 
fied electors of the city or town, who are taxpayers upon property within 
such city or town and whose names appear on the last completed assess- 
ment roll for State and county taxes, as taxpayers within such city or 



162 ELECTION LAWS OF MONTANA 

town. Every petition for the calling of an election to vote upon the 
question of issuing bonds shall plainly and clearly state the purpose or 
purposes for which it is proposed to issue such bonds, and shall contain 
an estimate of the amount necessary to be issued for such purpose or 
purposes. There may be a separate petition for each purpose, or two (2) 
or more purposes may be combined in one (1) petition, if each pur- 
pose with an estimate of the amount of bonds to be issued therefor is 
separately stated in such petition. Such petition may consist of one (1) 
sheet, or of several sheets identical in form and fastened together, 
after being circulated and signed, so as to form a single complete peti- 
tion before being delivered to the City or Town Clerk, as hereinafter 
provided. The petition shall give the street and house number, if any, 
and the voting precinct of each person signing the same. 

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

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

(2) Which, and how many of the persons whose names are sub- 
scribed to such petition, are possessed of all of the qualifications re- 
quired of signers to such petition. 

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

(As amended by Chapter 108, Laws of 1937.) 

Section 5278.7. When such petition has been filed with the City 
or Town Clerk and he has found it has a sufficient number of signers 
qualified to sign the same, he shall place the same before the City or 
Town Council at its first meeting held after he has attached his cer- 
tificate thereto. The Council shall thereupon examine such petition and 
make such other investigation as it may deem necessary. 

If it is found the petition is in proper form, bears the requisite 
number of signatures of qualified petitioners, and is in all other re- 
spects sufficient, the Council shall pass and adopt a resolution which 
shall recite the essential facts in regard to the petition and its filing 
and presentation, the purpose or purposes for which the bonds are 
proposed to be issued, and fix the exact amount of bonds to be issued 
for each purpose, which amount may be less than but must not exceed 
the amount set forth in the petition, determine the number of years 
through which such bonds are to be paid, not exceeding the limitations 
fixed in Section 5278.3, and making provisions for having such ques- 
tion submitted to the qualified electors of the city or town at the next 
general city or town election, or at a special election which the council 
may call for such purpose. 

Section 5278.8. Whether such election is held at the general city or 
town election, or at a special election, separate notice shall be given 
thereof. Such notice shall state the date when such election will be 



ELECTION LAWS OK MONTANA 163 

held, the hours between which the polls will be open, the amount of 
bonds proposed to be issued, the purpose thereof, the term of years 
through which the bonds will be paid, and such other information regard- 
ing the election and the proposed bonds as the Board may deem proper. 
If the bonds proposed to be issued are for two (2) or more purposes, 
each purpose and the amount thereof must be separately stated. Such 
notice shall be posted in each voting precinct in the city or town at least 
ten (10) days prior to the date for holding such election, and must also 
be published once a week for a period of not less than two (2) con- 
secutive weeks immediately preceding the date for holding such election 
in some newspaper published in the city or town, if there be one, and 
if not then in a newspaper published in the State at a point in the 
State nearest to the city or town, and designated by the City or Town 
Council. 

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

If the question of issuing bonds is submitted at a general city or 
town election, the polls shall be kept open during the same hours 
as are fixed for the general election and the judges and clerks for such 
general election shall act as the judges and clerks thereof. 

Section 5278.9. Whenever the question of issuing bonds is sub- 
mitted at either a general city or town election, or at a special election, 
separate ballots shall be provided therefor. Such ballots shall be white 
in color and of convenient size, being only large enough to contain the 
printing herein required to be done and placed thereon, and shall have 
printed thereon in fair-sized, legible type and black ink, in one (1) line 
or more, as required, the word "FOR" (stating the proposition and 
the terms thereof explicitly and at length), and thereunder the word 
"AGAINST" (stating the proposition and terms in like manner as above) 
and there shall be before the word "FOR" and before the word 
"AGAINST" each, a square space of sufficient size to place a plain 
cross or X therein, and such arrangement shall be in the following 
manner: 

□ FOR (stating the proposition). 

□ AGAINST (stating the proposition). 

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

The election shall be conducted, and the returns made, in the same 
manner as other city or town elections; and all election laws govern- 
ing city and town elections shall govern, in so far as they are applicable, 
but if such question be submitted at a general or city or town election 
the votes thereon must be counted separately and separate returns must 
be made by the judges and clerks at such election. Returns must be 
made separately for each proposition or question submitted at such 
election. 

Section 5278.10. Only such registered electors of the city or town 
whose names appear upon the last preceding assessment roll for State 
and county taxes, as taxpayers upon property within the city or town, 
shall be enttiled to vote upon any proposition of issuing bonds by the 



164 ELECTION LAWS OF MONTANA 

city or town. Upon the adoption of the resolution calling for the election 
the City or Town Clerk shall notify the County Clerk of the date on 
which the election is to be held and the County Clerk must cause to be 
published in the official newspaper of the city or town, if there be one, 
and if not in a newspaper circulated generally in said city or town and 
published in the county where the said city or town is located, a notice 
signed by the County Clerk stating that registration for such bond 
election will close at noon on the fifteenth (15th) day prior to the date 
for holding such election and at that time the registration books shall be 
closed for such election. Such notice must be published at least five (5) 
days prior to the date when such election books shall be closed. 

After the closing of the registration books for such election the 
County Clerk shall promptly prepare lists of the qualified electors of 
such city or town who are taxpayers upon property therein and whose 
names appear on the last completed assessment roll for State, county 
and school district taxes and who are entitled to vote at such election 
and shall prepare poll books for such election as provided in Section 568 
of the Revised Codes of Montana of 1935, and deliver the same to the 
City or Town Clerk who shall deliver the same to the judges of election 
prior to the opening of the polls. It shall not be necessary to publish 
or post such lists of qualified electors. 

(As amended by Chapter 182, Laws of 1939.) 

Section 5278.11. Wherever the question of issuing bonds for any 
purpose is submitted to the qualified electors of a city or town, at either 
a general or special election, not less than forty per centum (40%) of 
the qualified electors entitled to vote on such proposition or question 
must vote thereon, otherwise such proposition shall be deemed to have 
been rejected; provided, however, that if forty per centum (40%) or 
more of such qualified electors do vote on such proposition or question 
at such election, and a majority of such votes shall be cast in favor of 
such question or proposition, then such proposition or question shall be 
deemed to have been adopted and approved. 

Section 5278.12. If the bonding election is held at the same time 
as a general city or town election, then the returns shall be canvassed 
by the City or Town Council at the same time as the returns from such 
general election; but if the question of issuing bonds is submitted at a 
special election then the City or Town Council shall meet within ten 
(10) days after the date of holding such special election and canvass 
the returns. If it is found that at such election fort}' per centum (40%) 
or more of the qualified electors of the city or town entitled to vote on 
such question or proposition voted thereon, and that a majority of such 
votes were cast in favor of the issuing of such bonds, the City or Town 
Council shall, at a regular or special meeting held within thirty (30) 
days thereafter, pass and adopt a resolution providing for the issuance 
of such bonds. Such resolutions shall recite the purpose for which such 
bonds are to be issued, the amount thereof, the maximum rate of inter- 
est the bonds may bear, the date they shall hear, the period of time 
through which they shall be payable, and that any thereof may be re- 
deemed in full, at the option of the city or town, on any interest pay- 
ment date from and after ten (10) years from the date of issue; and 
provide for the manner of the execution of the same. It shall provide 
that preference shall be given amortization bonds but shall fix the de- 
nomination of serial bonds in case it shall be found advantageous to issue 
bonds in that form, and shall adopt a form of notice of the sale of the 
bonds. 

The Board may, in its discretion, provide that such bonds may be 
issued and sold in two (2) or more series or installments. 



ELECTION LAWS OF MONTANA 165 



ABATEMENT OF SMOKE NUISANCE 

Section 5292. For the purpose of raising moneys to meet the pay- 
ments under the terms and conditions of said contract, and other neces- 
sary and proper expenses in and about the same, and the approval or 
disapproval thereof, it shall be the duty of the Board of County Com- 
missioners, if the petition be presented to it within thirty days thereafter, 
to ascertain the existing indebtedness of the county in the aggregate, 
and within sixty days after ascertaining the same to submit to the 
electors of such county the proposition to approve or disapprove the said 
contract, and the issuance of bonds necessary to carry out the same, 
which shall not exceed five per centum of the value of the taxable 
property therein, inclusive of the existing indebtedness thereof, to be 
ascertained by the last assessment for State and county taxes previous 
to the issuance of said bonds and incurring said indebtedness; and 
if said petition be presented to the Council of any incorporated city 
or town, then within thirty days thereafter they shall ascertain the 
aggregate indebtedness of such city or town, and, within sixty days 
after ascertaining the same, submit to the electors of such city or 
town the proposition to approve or disapprove said contract, and the 
issuance of bonds necessary to carry out the same, which shall not 
exceed three per centum of the value of the taxable property therein, 
inclusive of the existing indebtedness thereof, to be ascertained in the 
manner hereinbefore provided, and if disapproved, the expenses of such 
election shall be paid out of the general fund of such county, city, or 
town, as the case may be. 

Section 5293. The vote upon such proposition shall be had at an 
election for that purpose to be held, conducted, counted, and results 
ascertained and determined in the manner and by the same officers 
provided by law for general elections, except as otherwise herein pro- 
vided, and the proposition to be submitted shall be upon printed tickets 
or ballots, upon each of which shall be printed the following: "For 
the contract and bonds," "Against the contract and bonds," the former 
above the latter, and the elector shall indicate his vote by a cross oppo- 
site the one or the other for which he votes; and if it appears from 
the result of such election that a majority of the votes cast were "For 
the contract and bonds," then said contract shall be in full force and 
effect, and the said bonds shall be issued and disposed of in the manner 
hereinafter provided. If it shall appear from the result of such election 
that there was a tie, or a majority of said votes were cast "Against the 
contract and bonds," then the said contract and bonds given for its 
fulfillment shall be null and void and of no effect, and said bonds and 
none thereof shall be issued. 

Section 5294. The Board of County Commissioners of the county 
in which such election is to be held, or the Council of the incorporated 
city or town, as the case may be, shall give notice of such election, 
stating the objects thereof, the time and place of holding the same, 
such conditions of the contract as in their judgment are proper and 
necessary to enable the electors to vote intelligently upon the proposi- 
tion submitted to them, the amount of bonds proposed to be issued, 
when payable, and the interest they are to bear, with a description of 
the tickets or ballots to be used, in some newspaper printed and pub- 
lished and circulated in the county, or city, or town, as the case may 
be, in which such election shall be held, at least three times a week 
for at least six consecutive weeks next preceding such election, and if 
no newspaper be printed, published, and circulated therein, then in 
some newspaper printed and published in some county nearest thereto. 

Section 5299. No registration under the election laws of this State 
shall be required for the purposes of the election herein provided for, 



166 ELECTION LAWS OF MONTANA 

and the registration had at the last election preceding the same shall 
govern and control as if especially had and done for the purposes of 
the election to be held under this Act. 

COMMISSION FORM OF GOVERNMENT FOR CITIES 

Section 5366. Any city may abandon its organization and reorganize 
under the provisions of this Act, by proceeding as hereinafter provided. 

Section 5367. Upon a petition being filed with the City Council signed 
by not less than twenty-five per cent, of the qualified electors of such 
city registered for the last preceding general city election, praying 
that the question of 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 election 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 5368. Upon the City Council ordering such special election 
to be held, the Mayor of such city shall issue a proclamation setting 
forth the purpose for which such special election is called, and the date 
of holding such special election, which proclamation shall be published 
for ten consecutive 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 5369. At such election the ballots to be used shall be 
printed upon plain, white paper, and shall be headed "Special election 
for the purpose of submitting to the qualified electors of the City of 

the question of reorganization of the City of 

under Chapter (name of chapter containing this 

Act) of the Acts of the Twelfth Legislative Assembly," and shall be 
substantially in the following form: 

For the reorganization of the City of under Chapter 

(name of chapter containing this Act) of the Acts of the Twelfth 
Legislative Assembly. 

Against reorganization of the City of under Chap- 
ter (name of chapter containing this Act) of the Acts of the Twelfth 
Legislative Assembly. 

Such election shall be conducted and vote canvassed and result de- 
clared in the same manner as provided by law in respect to other city 
elections. 

Section 5370. If such proposition is adopted, the Mayor shall trans- 
mit 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 years thereafter. 

Section 5371. If a majority of the votes cast at such election shall 
be in favor of such proposition, the City Council must, at its first 



BLHCTION LAWS OK MONTANA 167 

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 5372. Such election shall be conducted, the vote canvassed, 
and result declared in the same manner as provided by law in respect 
to other city elections. 

Section 5373. 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, ordi- 
nances, and resolutions lawfully passed and in force in any such city 
under its former organization shall remain in force until altered or 
repealed by the City council elected under the provisions of this Act. The 
territorial limits of such city shall remain the same as under the former 
organization, and all rights and property of every description, which 
were vested in any such city under its former organization, shall vest 
in the same under the organization herein contemplated, and no right 
or liability either in favor of or against it, existing at the time, and 
no suit or prosecution of any kind shall be affected by such change, 
unless otherwise provided for in this Act. 

Section 5374. 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 popula- 
tion of less than twenty-five thousand, a Mayor and two Councilmen, 
and in every city of the first class having a population of twenty-five 
thousand or more, a Mayor and four Councilmen, and the Mayor and all 
Councilmen shall be elected at large. 

If any vacancy shall occur in the office of Mayor or Councilman, 
the remaining members of the Council shall, by a majority vote, elect 
a person to fill such vacancy until the next general city election, and 
if, in filling such vacancy, a tie vote should occur, then the person to 
fill said vacancy shall be determined by lot in such manner as said 
Council may provide. 

Section 5375. 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 
Councilman or Aldermen in such city in office at the beginning of the 
term of office of the Councilmen first elected under the provisions of 
this Act shall then cease and determine, and the terms of office of all 
their appointed officers in force in such city, except as hereinafter pro- 
vided, shall cease and determine as soon as the Council shall by reso- 
lution declare. 

Section 5376. 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 



16S ELECTION LAWS OP MONTANA 

less than twenty-five thousand. The Mayor elected at such first general 
city election shall hold office for two years; one of the Councilmen 
elected at such first city election shall hold office for one year; and 
the other of such Councilmen elected at such first general city election 
shall hold office for two years, beginning with the first Monday in 
May of that year; a Mayor and four Councilmen shall be elected in 
cities having a population of twenty-five thousand or more; and the 
Mayor elected at such first general city election shall hold office for 
two years. Two of the Councilmen elected at such first general city 
election shall hold office for one year, and the other two of the Council- 
men 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 de- 
cide by lot in such manner as they may select, which thereof shall 
hold the office of Councilman the term of which expires one year there- 
after, and which thereof shall hold the office of Councilman, the term 
of which expires two years thereafter. 

Section 5377. Candidates to be voted for at all general municipal 
elections at which a Mayor or Councilmen are to be elected under the 
provisions of this Act shall be nominated by a primary election, and 
no other names shall be placed upon the general ballot except those 
selected in the manner hereinafter prescribed. The primary election for 
such nominations shall be held on the second Monday preceding the 
municipal election. The judges of election appointed for the municipal 
election shall be the judges of the primary election, and it shall be 
held at the same places, as far as possible, and the polls shall be opened 
and closed at the same hours, with the same clerks as are required for 
said general municipal election. Any qualified elector of said city who 
is the owner of any real estate situated therein, desiring to become 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 candi- 
date for nomination to the office of (Mayor or Councilman) to be voted 

upon at the primary election to be held on the 

Monday of , 19 , and I hereby request that my name 

be printed upon the official primary ballot for nomination by such pri- 
mary 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 resi- 
dence, with street number, of each of the persons so signing the said 
petition, and the said petition shall be in substantially the following 
form : 



ELECTION LAWS OF MONTANA 169 

Petition Accompanying Nominating Statement. 

The undersigned, duly qualified electors of the City of , 

and residing at the place set opposite our respective names hereto, 
do hereby request that the name of (name of candidate) be placed on 
the ballot as a candidate for nomination for (name of office) at the 

primary election to be held in such city on the 

Monday of , 19 We further state that we 

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

Names of Qualifying Electors Number Street 



Each signer of a nomination paper shall sign but one such nomi- 
nation 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 can- 
didate shall be petitioned for or nominated in the same nomination 
paper. 

Immediately upon the expiration of the time for filing the state- 
ments 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 news- 
paper, 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 facsimilie 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 immediately below the words, "Vote for one." Following 
the names, likewise arranged in alphabetical order, shall appear the 
names of the candidates for Councilmen, with a square at the left 
of each name, and below the names of such candidates shall appear 
the words, "Vote for (giving number of persons to be voted for)." 
The ballots shall be printed upon plain substantial, white paper, and 
shall be headed: 

Candidates for Nomination for Mayor and Councilmen 
of the City of —at the 

Primary Election; 
but shall have no party designation or mark whatever. 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.) 

Official Primary Ballot. 
Candidates for Nomination for Mayor and Councilmen 

of the City of at the 

Primary Election; 

For Mayor. 

(Name of Candidate.) 

(Vote for one.) 

For Councilman. 

(Name of Candidate.) 

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

Official Ballot Attest: 

(Signature) 

City Clerk. 



170 ELECTION LAWS OF 1 MONTANA 

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 quali- 
fied to vote at the general election shall be qualified to vote at such 
primary election and any person offering to vote may be orally chal- 
lenged by any elector of the city upon any or all of the grounds set 
forth and specified in Section 706 of these Codes, and the provisions of 
Section 707 to 714, inclusive, of these Codes and shall apply to all chal- 
lenges made at such election. Judges of election shall immediately upon 
the closing of the polls count the ballots and ascertain the number of 
votes cast in such precinct for each of the candidates for Mayor and 
Councilmen, and make return thereof to the City Clerk upon the proper 
blanks to be furnished by the City Clerk within six hours of the closing 
of the polls. On the day following the primary election the City Clerk 
shall canvass said returns so received from all the polling precincts, 
and shall make and publish in all the newspapers in said city, at least 
once, the result thereof. Said canvass by the City Clerk shall be pub- 
licly made. If a Mayor is to be elected at such municipal election, the 
two persons receiving the highest number of votes shall be the can- 
didates 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 high- 
set number of votes shall be the candidates for Councilmen, and if three 
Councilmen are to be elected at such municipal election, the six per- 
sons receiving the highest number of votes shall be the candidates for 
Councilmen, and if four Councilmen are to be elected at such general 
municipal election, the eight persons receiving the highest number of 
votes shall be candidates for Councilmen at such general election, and 
these shall be the only candidates for Mayor and Councilmen at such 
general election. 

All electors of cities under this Act, who, by ordinances governing 
cities incorporated under the general municipal incorporation law, or 
by charter, would be entitled to vote for the election of officers at any 
general municipal election in such cities, shall be qualified to vote at 
all elections under this Act; and the ballots to be used at such general 
municipal election shall be in the same general form as for such pri- 
mary elections so far as applicable, and in all elections in such cities the 
election precincts, voting places, method of conducting the elections, 
canvassing of votes, and announcing the results shall be the same as 
by law provided for the 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 days thereafter, take and file with the City Clerk his 
oath of office in the form and manner provided by law, and shall 
execute and give sufficient bond to the municipal corporation in the 
sum of Ten Thousand Dollars, conditioned for the faithful perform- 
ance 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 5377.1. Whenever, in any city operating under a commis- 
sion form of government, at a primary election held in accordance with 
Section 5377, a Councilman or Councilmen or a Mayor and Councilman 
or Councilmen are to be elected, one person or candidate for any office 
to be filled shall receive a majority of all votes cast for such office, 
then such person or persons shall be deemed duly elected to the re- 
spective office or offices for which he or they receive such majority 



ELECTION LAWS OF MONT A.N V 171 

vote. If at such primary election more than two (2) persons are can- 
didates for the same office and no one person receives a majority of all 
votes cast for such office then the names of the two persons receiving 
the highest number of votes shall be placed upon the general municipal 
election ballot under the provisions of Section 5377. If, in any year, all 
officers to be elected are thus elected by a majority vote at such pri- 
mary election, then, in that event, no general municipal election shall 
be held in said city for said year. 

Section 5378. Any person who shall agree to perform any services 
in the interest of any candidate for any office provided in this Act, 
in consideration of any money or other valuable thing for such services 
performed in the interest of any candidate, shall be punished by a fine 
not exceeding Three Hundred Dollars or be imprisoned in the county 
jail not exceeding thirty days. 

Section 5378.1. Every candidate for Mayor and every candidate for 
Councilman in cities operating under the commission form of gov- 
ernment shall, at the time of filing his nominating petition pay the fol- 
lowing fees to the City Clerk as filing fee: A candidate for Mayor shall 
pay twenty dollars ($20.00), and a candidate for Councilman shall pay 
fifteen dollars ($15.00). 

Section 5379. Any person offering to give a bribe either in money 
or other consideration, to any elector, for the purpose of influencing 
his vote at any election provided in this Act, or any elector entitled 
to vote at any such election receiving and accepting such bribe or other 
consideration; any person who agrees, by promise or written statement 
that he will do, or will not do, any particular act or acts, for the pur- 
pose 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 elec- 
tion who has not been a resident of this State for one year next pre- 
ceding said election, or who is not twenty-one years of age, or is not a 
citizen of the United States, or knowing himself not to be a qualified 
elector of such precinct where he offers to vote; any person knowingly 
procuring, aiding, or abetting any violation hereof; shall be deemed 
guilty of a misdemeanor, and, upon conviction, shall be fined in a sum 
not less than One Hundred Dollars nor more than Five Hundred Dol- 
lars; and be imprisoned in the county jail not less than ten nor more 
than ninety days. 

(Sections 5380-5387, inclusive, bearing on Powers and Duties of 
Council, omitted.) 

Section 5388. Every ordinance or resolution appropriating money 
or ordering any street improvement or sewer, or making or authorizing 
the making of any contract, or granting any franchise or right to 
occupy or use the streets, highways, bridges, or public places in the 
city for any purpose, shall be complete in the form in which it is 
finally passed, and remain on file with the City Clerk for public in- 
spection at least one week before the final passage or adoption thereof. 
No franchise or right to occupy or use the streets, highways, bridges, 
or public places in any such city shall be granted, renewed, or extended, 
except by ordinance, and every franchise or grant for interurban or 
street railways, gas, or water-works, electric light, or power plant, heat- 
ing plant, telegraph or telephone system, or other public service utili- 
ties, 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 5075, 
5076, and 5077 of this Code. 



172 ELECTION LAWS OF MONTANA 

(Sections 5389-5393, inclusive, relating to Powers and Duties of 
Council, omitted.) 

Section 5394. The holders of any elective office may be removed at 
any time by the electors qualified to vote for a successor of such in- 
cumbent. The procedure to effect the removal of an incumbent of an 
elective office shall be as follows: A petition signed by twenty-five 
per cent, of all qualified electors registered for the last preceding general 
municipal election, demanding an election of a successor of the person 
sought to be removed, shall be filed with the City Clerk, which petition 
shall contain a general statement of the grounds for which the removal 
is sought. The signatures to the petition need not be appended to one 
paper, but each signer shall add to his signature his place of residence, 
giving the street and number. One of the signers of such paper shall 
make an 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 ascertain 
whether or not said petition is signed by the requisite number of quali- 
fied electors, and, if necessary, the Council shall allow him extra help 
for that purpose; and he shall attach to said petition his certificate, 
showing the result of said examination. If, by the clerk's certificate, 
the petition is shown to be insufficient, it may be amended within ten 
days from the date of said certificate. The Clerk shall, within ten days 
after such amendment, make like examination of the amended petition, 
and if his certificate shall show the same to be insufficent, it shall be 
returned to the person filing the same; without prejudice, however to 
the filing of a new petition to the same effect. If the petition shall be 
deemed to be sufficient, the Clerk shall submit the same to the Council 
without delay. If the petition shall be found to be sufficient, the Coun- 
cil shall order and fix a date for holding said election, not less than 
seventy days nor more than eighty days from the date of the Clerk's 
certificate 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 provided, nomina- 
tions hereunder shall be made without the intervention of a primary 
election by filing with the Clerk, at least ten days prior to said special 
election, a statement of candidacy accompanied by a petition signed by 
electors entitled to a vote at said special election, equal in number to 
at least ten per cent, of the entire number of persons registered to 
vote at the last preceding general municipal election, which said state- 
ment of candidacy and petition shall be substantially in the form set 
out in Section 5377 of this Code, so far as the same is applicable, sub- 
stituting 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 candidate.) 

Name of present incumbent. 

Official ballot attest. 

(Signature) 

City Clerk. 



ELECTION LAWS OF MONTANA 173 

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

Section 5395. 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 signature, verification, inspec- 
tion, certification, amendment, and submission of such petition shall be 
the same as provided for petition under the preceding section. If the 
petition accompanying the proposed ordinance be signed by electors 
equal in number to twenty-five per centum of the entire number of 
persons registered to vote at the last preceding general election, and 
contains a request that the said ordinance be submitted to a vote of 
the people, if not passed by the Council, such Council shall either: 

(a) Pass each ordinance without alteration within twenty days after 
the attachment of the Clerk's certificate to the accompanying peti- 
tion; or, 

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

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

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

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

The Council may submit a proposition for the repeal of any such 
ordinance, or for the amendments thereto, to be voted upon at any suc- 
ceeding general city election; and should such proposition so submitted 
receive a majority of the votes cast thereon at such election, such 
ordinance shall thereby be repealed or amended accordingly. When- 



174 ELECTION LAWS OP MONTANA 

ever any ordinance or proposition is required by this Act to be sub- 
mitted 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 submis- 
sion of such proposition or ordinance to be voted on. 

Section 5396. 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 urg- 
ency, 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, dur- 
ing 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 elec- 
tion, 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 the preceding 
section, to the vote of the electors of the city, either at a general elec- 
tion 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 the preceding section, except as to the percentage of 
signers, and be examined and certified to by the Clerk in all respects 
as therein provided. 

Section 5397. Any city which shall have operated for more than 
one year under the provisions of this Act may abandon such organiza- 
tion hereunder and accept the provisions of the general law of the State 
then applicable to cities of its population. 

Upon the petition of not less than twenty-five per cent, of the 
electors of such city registered for the last preceding general election, 
a special election shall be called, at which the following proposition 
only shall be submitted: 

"Shall the City of (name the city) abandon its organization under 
Chapter 57 of the Acts of the Twelfth Legislative Assembly and be- 
come a city under the general law governing cities of like population; 
or if formerly organized under special charter shall resume said special 
charter?" 

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

The sufficiency of such petition shall be determined, the election 
ordered and conducted, and the results declared, generally as provided 
for by Section 5394 of this Code, 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 de- 
termined by a vote of the people under the provisions of this section, 



ELECTION LAWS OK MONTANA 175 

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. 

Section 5398. Petition provided for in this Act shall be signed by 
none but legal voters of the city. Each petition shall contain, in ad- 
dition 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 signers at the 
time the affidavit was made. 

Section 5399. All Acts and parts of Acts, and all laws, not incon- 
sistent with any of the provisions of this Act, now in force or here- 
after 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. 

COMMISSION-MANAGER PLAN OF GOVERNMENT 
FOR CITIES AND TOWNS 

Section 5400. Any municipality may abandon its organization and 
reorganize under the provisions of this Act, by proceeding as herein- 
after provided. 

Section 5401. Upon a petition being filed with the City or Town 
Council, signed by not less than twenty-five per cent, of the qualified 
electors of such municipality registered for the last preceding general 
municipal election, praying that the question of reorganization under 
this Act be submitted to the qualified electors of such municipality, 
said City or Town Council shall thereupon, and within thirty days there- 
after, order a special election to be held, at which election 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 such petition. 

Section 5402. Upon the City or Town Council ordering such special 
election to be held, the Mayor of such municipality shall issue a proc- 
lamation 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 published therein, 
and such proclamation shall also be posted in at least five public places 
within such municipality. 

Section 5403. At such election, the ballots to be used shall be printed 
on plain white paper, and shall be headed "Special election for the pur- 
pose of submitting to the qualified electors of (city, town) of (name of 
city or town) under Chapter (name of chapter containing this Act) of 
the Acts of the Fifteenth Legislative Assembly," and shall be substan- 
tially in the following form: 

For reorganization of the (city, town) of (name of city or town) 
under Chapter (name of chapter containing this Act) of the Acts of the 
Fifteenth Legislative Assembly. 



176 ELECTION LAWS OF MONTANA 

Against reorganization of the (city, town) of (name of city or town) 
under Chapter (name of chapter containing this Act) of the Acts of the 
Fifteenth Legislative Assembly. 

Such election shall be conducted, and vote canvassed and result 
declared in the same manner as provided by law in respect to other 
municipal elections. 

Section 5404. If such proposition is adopted, the Mayor shall trans- 
mit 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 

municipality within a period of two years from the date of the last 
submission. 

Section 5405. If the majority of the votes cast at such election 
shall be in favor of such proposition, the City or Town Council must 
hold a meeting within one week thereafter and at such meeting order 
a special election to be held for the purpose of electing the number of 
Commissioners to which such municipality shall be entitled, which order 
shall specify the time of holding such election, which must be within 
ninety days after the making of such order, and the Mayor shall there- 
upon issue a proclamation setting forth the purpose for which such 
special election is held and the day of holding the same, which procla- 
mation shall be published for ten successive days in each daily news- 
paper published in such municipality if there be such, otherwise for 
two successive weeks in each weekly newspaper published therein, and 
a copy thereof shall also be posted at each voting place within said 
municipality and also in five of the most public places in said munici- 
pality. 

Section 5406. Such election shall be conducted, the vote canvassed, 
and the result declared in the same manner as provided by law in re- 
spect to other municipal elections. 

Section 5407. All laws governing municipalities of like population, 
and not inconsistent with the provisions of this Act, shall apply to and 
govern municipalities organized under this Act. All by-laws, ordinances, 
and resolutions lawfully passed and in force in any such municipality 
under its organization, not in conflict herewith, shall remain in force 
until altered or repealed by the Commission under the provisions of 
this Act. The territorial limits of such municipality shall remain the 
same as under the former organization, and all rights and property of 
every description which were vested in any such municipality under 
its former organization shall vest in the same under the organization 
herein contemplated, and no right or liability either in favor of or 
against it, existing at the time, and no suit or prosecution of any kind, 
shall be affected by such change, unless otherwise provided for in this 
Act. 

Section 5408. Whenever the inhabitants of any community or group 
of communities in any county, whether separately incorporated in whole 
or in part, or unincorporated, which are situated in such proximity or 
location with reference to each other as to make single municipal 
control necessary or desirable, shall desire to be organized into or an- 
nexed to an incorporated city or town under the provisions of this Act, 
the Board of County Commissioners of such county may, 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 



ELECTION l.\\\s OP MONTANA 177 

must, issue a proclamation ordering a special election to be held, at 
which election the question of the organization of such community or 
group of communities as a municipality under the provisions of this 
Act shall be submitted to the qualified electors within the proposed 
municipal district. Said proclamation shall specify the time when and 
the places where such election shall be held, which must be within 
ninety days from the date of filing such petition, and shall define the 
boundaries of said proposed municipal district, which shall include all 
such communities and cities, and such additional adjacent territory as 
shall, in the judgment of the Board of County Commissioners, provide 
for future urban growth. 

If a majority of the legal voters at said election vote in favor of 
the organization of such municipal district, or in favor of annexation 
to an incorporated city or town, then the Board of County Commis- 
sioners shall declare the result of said elections, and immediately there- 
after shall give notice for thirty days in a newspaper published within 
the proposed municipal district, or if none be published therein, by post- 
ing notices in six public places within the limits of said district of the 
time and place or places of holding the first election for Commissioners 
of such municipal district under this law. At such election all electors 
qualified by the general election laws of the State who have resided 
within the limits of the municipal district for six months are qualified 
electors. The Board of County 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 officers, and the Commissioners so elected must 
qualify in the manner prescribed by law for county officers. 

Section 5409. The inhabitants of any municipality, coming under 
the provisions of this Act, as its limits now are, or may hereafter be, 
shall be a body politic and corporate and have a corporate name, and 
as such shall have perpetual succession, and may use a corporate seal. 
Through its duly elected officers, it may sue and be sued; may acquire 
property in fee simple or lesser interest, or estate by purchase, gift, 
devise, appropriation, lease, or lease with the privilege to purchase for 
any municipal purpose; may sell, lease, hold, manage, and control such 
property, and make any and all rules and regulations by ordinance or 
resolution which may be required to carry out fully all provisions of 
any conveyance, deed, or will, in relation to any gift or bequest, or 
the provisions of any lease by which it may acquire property; may 
acquire, construct, own, lease, and operate and regulate public utilities; 
may assess, levy, and collect taxes for general and special purposes on 
all the subjects or objects which the municipality may lawfully tax; 
may borrow money on the faith and credit of the municipality by the 
issue or sale of bonds or notes of the municipality; may appropriate 
money of the municipality for all lawful purposes, may create, provide 
for, 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 per- 
sons, corporations, and associations engaged in any business, occupa- 
tion, 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 thereof; may regulate the construction, height, 
and the material used in all buildings, and the maintenance and oc- 
cupancy thereof; may regulate and control the use, for whatever pur- 
pose, 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 maintaining and promoting peace, good government, and 



178 EMXTION LAWS OF MONTANA 

welfare of the municipality, and for the performance of the functions 
thereof. The municipality shall have all powers that now are or here- 
after may be granted to municipalities by the constitution or laws of 
Montana; and all such powers, whether expressed or implied, shall be 
exercised and enforced in the manner prescribed by this Act, or when 
not prescribed therein, in such manner as shall be prescribed by the 
ordinances or resolutions of the Commission. 

Section 5410. 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 Commis- 
sioners for all municipalities having a population less than twenty- 
five thousand, and five Commissioners for all cities having a population 
of twenty-five thousand or more. The Commission shall constitute the 
governing body, with powers as hereinafter provided, to pass ordinances, 
adopt regulations, and appoint a chief administrative officer to be 
known as the "City Manager," and exercise all powers as hereinafter 
provided. 

Section 5411. The Commissioners elected at the first election shall 
qualify and their terms of office shall begin on the first Monday after 
their election, and the terms of office of the Mayor and Councilmen 
or Aldermen in such city or town in office at the beginning of the 
term of office of the Commissioners first elected under the provisions 
of this Act shall cease and terminate, and the terms of office of all 
their appointed officers, and of all of the employees of such city or 
town, shall cease and terminate as soon as the Commissioners shall by 
resolution declare. 

All Commissioners shall serve for a term of four years and until 
their successors are elected and have qualified; except that at the first 
election the two candidates having the highest number of votes shall 
hold office for a period of four years, less the time elapsed since the 
31st day of December of the odd numbered year last preceding. The 
terms of office for all other candidates shall expire on the 31st day 
of December in any odd numbered year following the special election 
provided for in this Act, at which the first commissioners are elected. 

Section 5412. 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 5413. Members of the Commission shall be residents of the 
city or town and have the qualifications of electors, and own real estate 
situated therein to the assessed value of not less than one thousand 
dollars. Commissioners and other officers and employees shall not hold 
any other public office or employment, except in the State Militia, as 
School Trustees, or Notary Publics, and shall not be interested in the 
profits or emoluments of any contract, job work, or service for the 
municipality. Any Commissioner who shall cease to possess any of 
the qualifications herein required, shall forthwith forfeit his office, and 
any such contract in which any member is or may be interested, may 
be declared void by the Commission. 

No Commissioner or other officer or employee of said city or town 
shall accept any frank, free ticket, pass or service directly or indi- 
rectly from any person, firm or corporation upon terms more favorable 
than are granted to the public generally. Any violation of the provisions 
of this section shall be a misdemeanor and shall also be sufficient cause 
for the summary removal or discharge of the offender. Such provisions 



BISECTION LAWS OF MONTANA 179 

for free service shall not apply to policemen or firemen in uniform or 
wearing their official badges, where the same is provided by ordinance, 
nor to any Commissioner, nor to the City Manager, nor to the City 
Attorney, upon official business, nor to any other employee or official 
of said city on official business who exhibits written authority signed 
by the City Manager. 

Section 5414. 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 hereinafter prescribed. The primary election for such nomi- 
nations 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 dol- 
lars, desiring to become a candidate for Commissioner, shall, at least 
ten days prior to said primary election, file with the Clerk of the Com- 
mission 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, 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 
Commissioner 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 electors 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 ballot as a candidate for nomination to the office of 
Commissioner at the primary election to be held on the last Tuesday of 

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

elector of said (city, town), and a man of good moral character, and 
qualified, in our judgment, for the duties of such office, and we indi- 
vidually certify that we have not signed similar petitions greater in 
number than the number of Commissioners to be chosen at the next 
general municipal 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) 



180 



ELECTION LAWS OP HONTAN \ 



Subscribed and sworn to before me this. 
, 19 



.day of 



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 state- 
ments and petition for candidates, the Clerk of the Commission shall 
cause to be published for three consecutive days in all the daily news- 
papers 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 newspaper, then in two issues of any other newspaper that 
may be published in said municipality, and the said clerk shall there- 
upon cause the primary ballots to be printed, and authenticated with 
a facsimilie of his signature. 

Section 5415. All ballots used in all elections held under authority 
of this Act shall be without party mark or designation. The ballots 
shall be printed on plain, substantial white paper. 

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 elections ballots provided under authority of this Act for the 
nomination or election of Commissioners shall not bear the name of 
any person or persons or any issue other than those of candidates for 
the nomination or election to the office of Commissioner. 

Official Primary Ballot. 

Vote for (insert here a number equal to the number of persons to 
be elected to the office of Commissioner at the next regular municipal 
election.) 

If you wrongly mark, tear or deface this ballot, return it and obtain 
another. 

Candidates for nomination to the office of Commissioner at the 
primary election. 



X 



X 



X 






x 



John Doe 
Henry Smith 
George Jones 
James Richards 

Richard Doe 

Official Ballot Attest: 
(Signature) 



Clerk of the Commission. 



ELECTION LAWS OF MONTANA 181 

Having caused said ballots to be printed, tbe Clerk of tbe Commis- 
sion shall cause to be delivered at each polling place a number of said 
ballots ten per cent, in excess of the number of such voters registered 
in such polling place at the last general municipal election. The persons 
who are qualified to vote at the general election, shall be qualified to 
vote at such primary election, and any person offering to vote, may 
be orally challenged by any elector of the municipality upon any or all 
grounds" set forth and specified in Section 706, and the provisions of 
Sections 707, 708, 709, 710, 711, 712, 713 and 714, shall apply at all chal- 
lenges made at such election. Judges of election shall immediately 
upon the closing of the polls, count the ballots and ascertain the num- 
ber 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. Not later than the first legal day after he 
shall have received such returns, 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 municipality, 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 Commissioner who 
shall have received the greatest vote in such primary election shall be 
placed on the ballot at the next regular municipal election, in number 
not to exceed double the number of vacancies in the Commission to 
be filled. 

Except as otherwise in this Act provided all electors of municipali- 
ties under this Act, who, by ordinances governing cities and towns in- 
corporated under the general municipal incorporation law, or by charter, 
would be entitled to vote for the election of officers at any general 
municipal election in such cities or towns, shall be qualified to vote 
at all elections under this Act; and the ballots to be used at such 
general municipal elections, shall be in the same general form as for 
such primary election so far as applicable, and in all elections in such 
municipalities, the election precincts, voting places, method of conduct- 
ing the elections, canvassing of votes and announcing the results, shall 
be the same as by law provided for the election 'of officers in such 
cities or towns so far as the same are applicable and not inconsistent 
with the provisions of this Act. 

Section 5416. The names of candidates on all ballots used in any 
election held under the authority of this Act shall be printed in rota- 
tion, as follows: 

The ballots shall be printed in as many series as there are candi- 
dates for the office of Commissioner. The whole number of ballots 
to be printed shall be divided by the number of series, and the quo- 
tient so obtained shall be the number of ballots in each series. In 
printing the first series of ballots, the names of candidates shall be 
arranged in alphabetical order. After printing the first series, the first 
name shall be placed last and the next series printed, and the process 
shall be repeated until each name in the list shall have been printed first 
an equal number of times. The ballots so printed shall then be com- 
bined in tablets, so as to have the fewest possible ballots having the 
same order of names printed thereon together in the same tablet. 

Section 5417. A regular election for the choice of Commissioners, 
provided for in this Act, shall be held on the first Tuesday after the 
first Monday in November of any odd-numbered year, and on the first 
Tuesday after the first Monday in November in each second year there- 
after. Elections so held shall be known as regular municipal elections. 



182 ELECTION LAWS OE MONTANA 

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 5418. Every candidate for Commissioner shall, within thirty 
(30) days after the election, file with the Clerk of the Commission his 
sworn statement of all his election and campaign expenses, and by whom 
such funds were contributed. 

Any violation of the provisions of this section, shall be a misde- 
meanor, and if committed by a successful candidate, give grounds for 
the removal from office. 

Section 5419. Any or all of the Commissioners provided for in this 
Act may be removed from office by the electors. The procedure to ef- 
fect such removal, shall be as follows: 

A petition demanding that the question of removing such officers 
be submitted to the electors shall be filed with the Clerk of the Com- 
mission. 

Such petition for the recall of any or all of the Commissioners shall 
be signed by at least twenty-five per cent, of the total number of regis- 
tered voters in the municipality. 

The signatures to such petition need not be appended to any one 
paper. 

Section 5420. 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 issu- 
ance of such petition papers, an affidavit shall be made by one or more 
qualified electors and filed with the Clerk of the Commission, stating 
the name and the office of the officer or officers sought to be removed. 
The Clerk of the Commission, upon issuing any such petition papers to 
an elector, shall enter in a record, to be kept in his office, the name of 
the elector to whom issued, the date of such issuance, and the number 
of papers issued, 'and shall certify on such papers the name of the 
elector to whom issued, and the date issued. No petition papers so 
issued shall be accepted as part of the petition unless it bears such 
certificate of the Clerk of the Commission, and unless it be filed as 
provided herein. 

Section 5421. Each signer of a recall petition shall sign his name 
in ink or indelible pencil, and shall place thereon, after his name, his 
place of residence by street and number. To each such petition paper 
there shall be attached an affidavit of the circulator thereof, stating 
the number of signers to such part of the petition, and that each sig- 
nature appended to the paper was made in his presence and is the 
genuine signature of the person whose name it purports to be. 

Section 5422. All papers comprising a recall petition shall be as- 
sembled and filed with the Clerk of the Commission as one instrument 
within thirty days after the filing with the Clerk of the Commission of 
the affidavit stating the name and the office of the officer sought to 
be removed. 

Section 5423. The Clerk of the Commission shall at once submit 
the recall petition to the Commission, and shall notify the officer sought 
to be recalled of such action. If the official whose removal is sought 
does not resign within five days after such notice, the Commission 
shall thereupon order and fix a day for holding a recall election. Any 



i:i,K< Tlo> LAWS OK MONTANA 183 

such election shall be held not less than seventy nor more than eighty 
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 election be held within such period, the Com- 
mission shall call a special recall election to be held within the time afore- 
said. 

Section 5424. 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 candi- 
date or candidates to succeed himself or themselves. 

Before any such recall election for the removal of Commissioners 
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 registered 
electors, and shall be filed at least thirty days prior to the date fixed for 
holding such recall election; and the form and requirements for said 
petition shall be the same as hereinbefore provided in the case of primary 
nominations. 

Section 5425. Should a majority of the votes cast at a recall elec- 
tion 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 re- 
moved from office. 

Section 5426. No recall petition shall be filed against a Commissioner 
within six months after he takes his office, nor, in case of an officer re- 
elected in a recall election, until six months after that election. 

Section 5427. Any person who shall agree to perform any services in 
the interest of any candidate for any office provided in this Act, in con- 
sideration of any money or other valuable thing for such services per- 
formed in the interest of any candidate, shall be punished by a fine not 
exceeding Three Hundred Dollars, or be imprisoned in the county jail not 
exceeding thirty days, or both such fine and imprisonment. 

Section 5428. Any person offering to give a bribe, either in money 
or other consideration, to any elector for the purpose of influencing his 
vote at any election provided in this Act, or any elector entitled to vote 
at any such election receiving and accepting such bribe or other considera- 
tion; 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 in- 
fluencing the vote of any elector or electors at any election provided in 



Ig4 ELJffiCTION LAWS OF MONTANA 

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 wil- 
fully voting or offering to vote at such election, who has not been a resi- 
dent 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 know- 
ing himself not to be a qualified elector of such precinct where he offers 
to vote; any person knowingly procuring, aiding, or abetting any viola- 
tion hereof, shall be deemed guilty of a misdemeanor, and, upon convic- 
tion, shall be fined a sum of not less than One Hundred Dollars nor 
more than Five Hundred Dollars, or be imprisoned in the county jail not 
less than ten nor more than ninety days, or both such fine and imprison- 
ment. 

Section 5429. Any proposed ordinance may be submitted to the 
Commission by petition signed by at least ten per cent, of the total num- 
ber 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 5430. 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 signa- 
ture 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 5431. All papers comprising a petition shall be assembled and 
filed with the Clerk of the Commission as one instrument, and when so 
filed, the Clerk of the Commission shall submit the proposed ordinance 
to the Commission at its next regular meeting. Provision shall be made 
for public hearings upon the proposed ordinances. 

The Commission shall at once proceed to consider it, and shall take 
final action thereon within thirty days from the date of submission. If 
the Commission rejects the proposed ordinance, or passes it in a different 
form from that set forth in the petition, the committee of the petitioners 
may require it to be submitted to a vote of the electors in its original form, 
or that it be submitted to a vote of the electors with any proposed change, 
addition, or amendment, if a petition for such election is presented bearing 
additional signatures of fifteen per cent, of the electors of the city or town. 

Section 5432. When an ordinance proposed by petition is to be sub- 
mitted to a vote of the electors, the committee of the petitioners shall 
certify that fact and the proposed ordinance to the Clerk of the Com- 
mission within twenty days after the final action on such proposed or- 
dinance by the Commission. 

Section 5433. Upon receipt of the certificate and certified copy of 
the proposed ordinance, the clerk shall certify the fact to the Commis- 
sion at its next regular meeting. If an election is to be held not more 
than six months nor less than thirty days after the receipt of the clerk's 
certificate by the Commission, such 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 5434. The ballots used when voting upon any such pro- 
posed ordinance shall state the title of the ordinance to be voted on, 



ELECTION LAWS OF MONTANA 185 

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 5435. Proposed ordinances for repealing any existing or- 
dinance or ordinances, in whole or in part, may be submitted to the Com- 
mission 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 5436. No ordinance passed by the Commission, unless it be 
an emergency measure, shall go into effect until thirty days after its 
final passage by the Commission. If at any time within the said thirty 
days, a petition signed by twenty-five per cent, of the total number of 
registered voters in the municipality be filed with the Clerk of the Com- 
mission, requesting that any such ordinance be repealed or submitted to 
a vote of the electors, it shall not become operative until the steps taken 
herein shall have been taken. 

Section 5437. The Clerk of the Commission shall deliver the peti- 
tion to the Commission, which shall proceed to reconsider the ordinance. 
If, upon such reconsideration, the ordinance be not entirely repealed, the 
Commission shall provide for submitting to a vote of the electors, and in 
so doing, the Commission shall be governed by the provisions herein con- 
tained, respecting the time of submission and manner of voting on ordi- 
nances 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 5438. 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 Commission. Ballots used in referendum elections shall 
conform in all respects to those provided for in Section 5434 of this 
Code. 

Section 5439. 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 elec- 
tors by the committee of the petitioners, shall be subject to a referen- 
dum in the same manner as other ordinances. 

Section 5440. If the provisions of two or more ordinances adopted 
or approved at the same election conflict, the ordinance receiving the 
highest affirmative vote shall prevail. 

Section 5441. 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 con- 
sidered 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 5442. In case a petition be filed requiring that a measure 
passed by the Commission providing for an expenditure of money, a 



186 ELECTION LAWS OF MONTANA 

bond issue, or a public improvement be submitted to a vote of the 
electors, all steps preliminary to such expenditure, actual issuance of 
the bonds, or actual execution of the contract for such improvement, 
may be taken prior to the election; and at such election only resident 
taxpayers of such city or town whose names as such appear upon the 
assessment roll and who are also qualified electors of said city or town, 
shall be entitled to vote at such election. And at any and all elections 
in such city or town at which questions relating to bond issues, tax 
levies, or the expenditure of money shall be submitted, no person shall 
be entitled to vote unless qualified as in this section provided. 

Section 5443. Every person who has been declared elected Commis- 
sioner, 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, not, however, exceeding 
$5000.00 for Commissioners in cities of the first class and $3000.00 for 
Commissioners in all other cities and town, conditioned for the faithful 
performance of the duties of his office, which bond shall be filed with 
the Clerk and Recorder of the county in which such municipality is 
situated. The premium on such bond as may be required, shall be paid 
by the municipality. 

Section 5444. The Mayor shall be that member of the Commission, 
who, at the regular municipal election at which the Commissioners were 
elected, received the highest number of votes. In case two candidates 
receive the same number of votes, one of them shall be chosen Mayor by 
the remaining members of the Commission. In event of a vacancy in 
the office of the Mayor, by the expiration of his term of office, the 
holdover Commissioner having received the highest number of votes 
shall be the Mayor. In the event there is a vacancy in the office of the 
Mayor for any other cause, the remaining members of the Commission 
shall choose his successor for the unexpired term from their own number 
by lot. The Mayor shall be the presiding officer, except that in his 
absence, a 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 municipality and the laws of the 
State, except that he shall have no power to veto any measure. He shall 
be recognized as the official head of the municipality by the courts for 
the purpose of serving civil processes, by the governor for the purposes 
of the military law, and for all ceremonial purposes. 

Section 5445. 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 successor shall serve as the Mayor. 

Section 5446. In municipalities having three Commissioners, two 
Commissioners shall constitute a quorum; and the affirmative vote of 
two Commissioners shall be necessary to adopt or reject any motion, 
resolution, or ordinance, or pass any measure unless a greater number 
is provided for in tin's Act. In municipalities having five Commission- 
ers, three Commissioners shall constitute a quorum, and the affirma- 
tive vote of three Commissioners shall be necessary to adopt or reject 
any motion, resolution, or ordinance, or pass any measure unless a 
greater number is provided for in this Act. Upon every vote, the ayes 
and nays shall be called and recorded, and every motion, resolution, or 
ordinance shall be reduced to writing and read before the vote is taken 
thereon. 



ELECTION LAWS OF MONTANA 187 

Section 5447. The salary of each Commissioner shall be a> follows: 
for each meeting attended, cities or towns with less than twenty-live 
thousand inhabitants, Five Dollars; cities with more than twenty-five 
thousand inhabitants, not to exceed Ten Dollars; 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 5448. At ten o'clock A. M. on the first Monday after the 
first day of January, following a regular municipal election, the Com- 
mission shall meet at the usual place for holding the meetings of the 
legislative body of the municipality, at which time the newly elected 
Commissioners shall assume the duties of their office. Thereafter, the 
Commissioners shall meet at such times as may be prescribed by ordi- 
nance 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 every 
two weeks. Absence from five (5) consecutive regular meetings shall 
operate to vacate the seat of a member, unless such absence be author- 
ized by the Commission. 

The Commissioner acting as Mayor, any two members of the Com- 
mission or the City Manager, may call special meetings of the Commis- 
sion upon at least twelve (12) hours' written notice to each member 
of the Commission, served personally on each member or left at his 
usual place of residence. All meetings of the Commission shall be pub- 
lic and any citizen shall have access to the minutes and records thereof 
at all reasonable times. The Commission shall determine its own rules 
and order of business and shall keep a journal of its proceedings. 

(Sections 5449-5495, inclusive, bearing on Powers and Duties of 
Commission, omitted.) 

Section 5496. The Commission shall have all powers to grant rights 
to occupy or use the streets, highways, bridges, or public places in 
the municipality that now are, or hereafter may be, granted to munici- 
palities by the constitution or laws of Montana. Every ordinance or 
resolution passed by the Commission granting the right to occupy or 
use streets, highways, or public places of municipalities shall be com- 
plete in the form in which it is finally passed, and remain on file with 
the Commission for inspection by the public for at least one week before 
the final adoption or passage thereof. 

Section 5497. The Commission may, by ordinance, renew any grant 
for the construction or operation of any utility, at its expiration, sub- 
ject to petition and referendum as hereinbefore provided. 

Section 5498. No exclusive grant or renewal shall ever be granted, 
and no grant shall be renewed before two years prior to its expiration. 

Section 5499. 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 5500. The Commission may, by ordinance, grant to any in- 
dividual, company, or corporation operating a public utility, the right 
to extend the appliances and service of such utility outside of the terri- 
tory as designated by the franchise, subject to petition and referendum 
as hereinbefore stated. All such extensions shall become part of the 
aggregate property of the utility, and shall be subject to all the obli- 



188 ELECTION LAWS OF MONTANA 

gations and reserved rights in favor of the municipality 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 expire with the original grant of the utility to which 
the extension was made, or any renewal thereof. 

(Sections 5501-5513, inclusive, bearing on Powers and Duties of Com- 
missions, omitted.) 

Section 5514. Any municipality which shall have operated for more 
than two years under the provisions of this Act, may abandon such or- 
ganization hereunder, and accept the provisions of the general laws of 
the State applicable to municipalities of its population. 

Upon the petition of not less than twenty-five per cent, of the elec- 
tors of such municipality registered for the last preceding general election, 
a special election shall be called, at which the following proposition only 
shall be submitted: 

"Shall the (city or town) of (name of city or town) abandon its 
organization under the (name of this Act) and become a (city or town) 
under the general law governing (cities or towns) of like population; 
or if formerly organized under special charter, shall resume said special 
charter?" 

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

The sufficiency of such petition shall be determined, the election 
ordered and conducted, and the results declared, as provided for by the 
provisions of this Act, 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 ques- 
tion 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 5515. Except as otherwise in this Act provided, all Acts 
and parts of Acts and all laws now in force or hereafter enacted rela- 
tive 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. 

Section 5516. All laws and parts of laws in conflict herewith are 
hereby repealed; provided, however, that this Act shall not repeal or 
modify any of the provisions of an Act approved March 4, 1913, en- 
titled, An Act making the Board of Railroad Commissioners of the State 
of Montana ex-officio a Public Service Commission for the regulation 
and control of certain public utilities, etc., or any amendment or amend- 
ments of said Act, or Section 6645 of the Codes, and neither shall this 
Act in any manner curtail or impair the power or authority of said 
Public Service Commission and any order made, action taken, or regu- 
lation provided, by said Commission shall supersede and nullify any 
order, regulation, ordinance or other action authorized by this Act in 



ELECTION I. \\\ S OP MONTANA 189 

conflict with any such order, regulation, or action, of said Public Serv- 
ice Commission; provided, that the annual report relating to the opera- 
tion of any public utility owned by any municipality operating under 
the provisions of this Act, to be made to said Public Service Com- 
mission, shall conform to the fiscal year of such city or town as estab- 
lished by this Act. 

Section 5517. Whenever any group of communities shall become a 
single municipal district under the provisions of this law, the Commis- 
sioners elected at the first election shall have the same functions and 
authority, and municipal procedure in all respects shall be the same as 
is provided in this law where single communities, cities, or towns adopt 
the Commission-Manager form of government, and the terms of all 
municipal officers in any prior city or town which may be included in 
such new municipal district shall in like manner cease and terminate 
as soon as the Commissioners shall by resolution so declare, and the 
corporate functions and existence of any such prior municipal corpora- 
tion 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 5518. Whenever any group of communities, including one 
or more incorporated cities or towns, shall become a single municipal 
district under this law, such municipal district shall bear the same name 
as the principal incorporated city or town in such district. 

Section 5519. Whenever any group of communities, including one 
or more incorporated cities or towns, shall become a single municipal 
district under this law, the corporate property of each such city or 
town shall become the property of the new municipality, but improve- 
ments paid for in whole or in part by special assessments upon abutting 
property within special improvement districts shall not be deemed mu- 
nicipal property within the meaning of this law, to the extent of pay- 
ments so made. If such prior city or town shall have an unpaid in- 
debtedness, the Commissioners of said new municipality elected at the 
first municipal election shall inventory and appraise or cause to be in- 
ventoried and appraised, all such property, and if the amount of the 
indebtedness of such prior city or town shall exceed the inventory value 
of the property surrendered to the new municipality 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 5520. 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 Commis- 
sioners 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 Com- 
missioners 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 to the 
county of its performance, and such compensation shall be paid into the 
general fund of such county unless otherwise provided by law. 

CITY AND COUNTY CONSOLIDATED GOVERNMENT 

Section 5520.1. The separate corporate existence and government 
of any county and of each and every city and town therein may be 
abandoned and terminated and such county and each and all of the 
cities and towns therein may be consolidated and merged into one mu- 
nicipal corporation and government under this Act by proceeding as 
hereinafter provided. 



190 ELECTION LAWS OF MONTANA 

Section 5520.2. The question of the abandonment and termination 
of the separate corporate existence and government of a county and of 
each and every city and town therein and the consolidation and merging 
of the existence and government of such county and each and all of 
the cities and towns therein into one municipal corporation and gov- 
ernment, under the provisions of this Act, shall be submitted to the 
qualified electors of such county, if a petition be filed in the office of 
the County Clerk of such county, signed by at least twenty per centum 
(20%) of the electors of said county whose names appear on the of- 
ficial register of voters of the county on the date of the filing of such 
petition, requesting that such question be submitted to the qualified 
electors of the county. 

Section 5520.3. Such petition shall be substantially in the form 
and shall be signed, verified and filed in the manner prescribed in this 
Act for initiative, referendum and recall petitions, and shall designate 
therein the name by which such consolidated government is to be known, 
which must be either that of the county or of some one of the cities 
or towns therein. If the County Clerk shall find that such petition, or 
amended petition, so filed, is signed by the required number of qualified 
electors he shall so certify to the Board of County Commissioners of 
such county at their next regular meeting, and such Board shall there- 
upon, and within ten days after receiving the Clerk's certificate, order 
a special election to be held at which election such question shall be 
submitted to the qualified electors of the county. Such order shall 
specify the time when such election shall be held, which shall be not 
less than ninety nor more than one hundred and twenty days from and 
after the day when such order is made, and the Board of County Com- 
missioners shall immediately upon making such order issue a proclama- 
tion setting forth the purpose for which such special election is held 
and the date of holding the same, which proclamation must be published 
and posted in the manner prescribed by Section 535. 

Section 5520.4. At such election the ballots to be used shall be 
printed on plain white paper, shall conform as nearly as possible to 
the ballots used on general elections, and shall have printed thereon 
the following: 

"Shall the corporate existence and government of the County of 

and of each and every city and town therein 

be consolidated and merged into one municipal corporation and gov- 
ernment under the provisions of Chapter (giving the number of this 
Act), Acts of the Eighteenth Legislative Assembly of the State of 

Montana, to be known and designated at 'City and County of 

'?" 

□ YES. 

□ NO. 

Such election shall be conducted, vote returned and canvassed and 
result declared in the same manner as provided by law in respect to 
general elections. 

Section 5520.5. If the majority of the votes cast at such election 
shall be in favor of such consolidation and merging, the Board of County 
Commissioners of such county must, within two weeks after such elec- 
tion returns have been canvassed, order a special election to be held for 
the purpose of electing the number of members of the Commission to 
which such consolidated municipality shall lie entitled, which order 
shall specify the time when such election shall be held, which shall be 
not less than ninety nor more than one hundred and twenty days from 
and after the day when such order is made, and the Board of County 



KI„NCTIO\ LAWS OF MONTANA 191 

Commissioners, immediately upon making such order, shall issue a 
proclamation setting forth the purpose for which such special election 
is held and the date of holding the same, which proclamation must be 
published and posted in the manner prescribed by Section 535; provided, 
however, that if any general election is to be held in such county after 
three months but within six months from the date of the making of 
such order then such order shall require such special election to be held 
at the same time as such general election. No primary election shall be 
held for the purpose of nominating candidates for members of the 
Commission hereinafter provided for, to be voted for at such special 
election, but such candidates shall be nominated directly by petition 
which shall be in substantially the same form and be signed by the 
same number of signers as hereinafter required for primary nominating 
petitions. Such election shall be conducted, vote returned and can- 
vassed and result declared in the same manner as provided by law in 
respect to general elections. 

Section 5520.21. If the Commission fail to pass an ordinance pro- 
posed by initiative petition, or pass it in a form different from that set 
forth in the petition therefor, the committee of the petitioners herein- 
after provided for may require that it be submitted to a vote of the 
electors either in its original form or with any change or amendment 
presented in writing either at a public hearing before the committee to 
which the proposed ordinance was referred or during the consideration 
thereof by the Commission. If the committee of petitioners require the 
submission of a proposed ordinance to a vote of the electors they shall 
certify that fact to the Clerk and file in his office a certified copy of 
the ordinance, in the form in which it is to be submitted, within ten 
days after final action on such ordinance by the Commission. 

Section 5520.22. Upon receipt of the certified copy of a proposed 
ordinance from the committee of the petitioners the Clerk shall certify 
the fact to the Commission at its next regular meeting. If a municipal 
election is to be held within six months but more than ninety days after 
the receipt of the Clerk's certificate by the Commission, such proposed 
ordinance shall be submitted to a vote of the electors at such election. 
If no such election is to be held within the time aforesaid the Commis- 
sion may provide for submitting the proposed ordinance to the electors 
at a special election to be held not sooner than ninety days after receipt 
of the Clerk's certificate. If no municipal election be held within six 
months as aforesaid, and the Commission does not provide for a special 
election, the proposed ordinance shall be submitted to the electors at 
the first election held after the expiration of such six months. If, when 
submitted to the electors, a majority of those voting on a proposed 
ordinance shall vote in favor thereof, it shall thereupon be an ordinance 
of the municipality. 

Section 5520.23. When an ordinance proposed by initiative petition 
is passed by the Commission in a changed or amended form, and the 
committee of the petitioners require that such proposed ordinance be 
submitted to a vote of the electors as hereinbefore provided, the ordi- 
nance as passed by the Commission shall not take effect until after 
such vote, and, if the proposed ordinance so submitted, be approved by 
a majority of the electors voting thereon, the ordinance as passed by 
the Commission shall be deemed repealed. 

Section 5520. 24. Proposed ordinances for repealing any existing 
ordinance or ordinances, in whole or in part, may be submitted to the 
Commission as provided in the preceding sections for initiating ordi- 
nances. Initiated ordinances adopted by the electors shall be published, 
and may be amended or repealed by the Commission, as in the case of 
other ordinances. 



192 ELKCTION LAWS OF" MONTANA 

Section 5520.25. The electors shall have power to approve or reject 
at the polls any ordinance passed by the Commission, except an ordi- 
nance making a tax levy or an emergency measure, such power being 
known as the Referendum. Ordinances submitted to the Commission and 
passed by the Commission without change, or passed in an amended form 
and not required by the committee of the petitioners to be submitted 
to a vote of the electors, shall be subject to the referendum in the same 
manner as other ordinances. If, within thirty days after the final 
passage of an ordinance, a petition signed by ten per centum (10%) 
of the qualified electors whose names appear on the register of voters 
on the date when such petition is filed, shall be filed with the Clerk 
requesting that the ordinance, or any specified part thereof, be either 
repealed or submitted to a vote of the electors, it shall not become 
operative until the steps indicated herein have been taken. Referendum 
petitions shall contain the text of the ordinance, or part thereof, the 
repeal of which is sought. 

Section 5520.26. If a referendum petition, or amended petition, be 
found sufficient by the Clerk he shall certify that fact to the Commis- 
sion at its next regular meeting and the ordinance or part thereof set 
forth in the petition shall not go into effect, or further action there- 
under shall be suspended if it shall have gone into effect, until approved 
by the electors as hereinafter provided. Upon receipt of the Clerk's 
certificate the Commission shall proceed to reconsider the ordinance or 
part thereof and its final vote upon such reconsideration shall be upon 
the question "Shall the ordinance (or part of the ordinance) set forth 
in the referendum petition be repealed?" If upon such reconsideration 
the ordinance, or part thereof, be not repealed it shall be submitted to 
the electors at the next municipal election held not less than ninety days 
after such final vote by the Commission. The Commission by vote of 
not less than two-thirds of its members may submit the ordinance, or 
part thereof, to the electors at a special election to be held not sooner 
than the time aforesaid. If when submitted to the electors any ordi- 
nance, or part thereof, be not approved by a majority of those voting 
thereon it shall be deemed repealed. 

Section 5520.27. Ordinances, or parts thereof, submitted to a vote 
of the electors in accordance with the initiative and referendum pro- 
visions of this Act shall be submitted by ballot title which shall be pre- 
pared in all cases by the director of law. The ballot title may be dis- 
tinct from the legal title of any such proposed or referred ordinance 
and shall be a clear, concise statement, without argument or prejudice, 
descriptive of the substance of such ordinance or part thereof. The bal- 
lot used in voting upon any ordinance, or part thereof, shall have below 
the ballot title the two following propositions, one above the other, in 
the order indicated: "For the ordinance" and "Against the ordinance." 
Immediately at the left of each proposition there shall be a square in 
which by making a cross mark (X) the elector may vote for or against 
the ordinance or part thereof. Any number of ordinances, or parts 
thereof, may be voted upon at the same election and may be submitted 
on the' same ballot, but the ballot used for voting thereon shall be for 
that purpose only. 

Section 5520.28. In case a petition be filed requiring that an ordi- 
nance passed by the Commission providing for the expenditure of money, 
a bond issue, or a public improvement be submitted to a vote of the 
electors, all steps preliminary to such actual expenditure, actual issu- 
ance of bonds, or actual execution of the contract for such improvement, 
may be taken prior to the election. 

Section 5520.29. The signatures to initiative, referendum or recall 
petitions need not all be appended to one paper, but to each separate 



ELECTION LAWS OF MONTANA 193 

petition paper there shall be attached an affidavit of the circulator 
thereof as provided by this section. Each signer of any such petition 
paper shall sign his name in ink or indelible pencil and shall indicate 
after his name his place of residence by street and number, or other 
description sufficient to identify the place. There shall appear on each 
petition paper the names and addresses of five electors of the munici- 
pality, who, as a committee of the petitioners, shall be regarded as re- 
sponsible for the circulation and filing of the petition. The affidavit 
attached to the petition paper shall be as follows: 

State of Montana, city and county of 

, being duly sworn, deposes and says 

that he is the circulator of the foregoing paper and that the signatures 
appended thereto were made in his presence and are the genuine signa- 
tures of the persons whose names they purport to be. 

Signed 

Subscribed and sworn to before me this day of 

19 



Notary public for the State of Montana. 

Residing at , Montana. 

My commission expires 



Section 5520.30. All petition papers comprising an initiative, refer- 
endum or recall petition shall be assembled and filed with the Clerk as 
one instrument. Within ten days after a petition is filed the Clerk shall 
determine whether it is signed by a sufficient number of electors and 
shall attach thereto a certificate showing the result of his examination. 
If he shall certify that the petition is insufficient he shall set forth in 
his certificate the particulars in which it is defective and shall at once 
notify the committee of the petitioners of his findings. 

Section 5520.31. An initiative, referendum or recall petition may be 
amended at any time within ten days after the making of a certificate 
of insufficiency by the Clerk, by filing a supplementary petition upon 
additional papers signed and filed as provided in case of an original 
petition. The Clerk shall, within five days after such amendment is 
filed, make an examination of the amended petition and, if his certificate 
shall show the petition still to be insufficient, he shall file it in his office 
and notify the committee of the petitioners of his findings and no further 
action shall be had on such insufficient petition. The finding of the in- 
sufficiency of a petition shall not prejudice the filing of a new petition 
for the same purpose. 

Section 5520.58. The Commission may by ordinance designate clearly 
specified districts in or for which special services are to be performed 
and may levy upon the property in such district such tax, in addition 
to any taxes authorized by Section 5520.55 as may be necessary to pay 
the cost of such special service or services. Any such additional tax 
levied under the authority of this section upon the property within any 
district shall not exceed fifteen mills unless the question of levying a 
higher rate for a specified year or years shall have been submitted to 
the electors of the district and approved by a majority of those voting 
therein; but in no case shall such additional levy be more than twenty 
mills. 

Section 5520.90. For any election held on the question of the adop- 
tion of this Act, and for the first election of members of the Commis- 
sion thereunder, if adopted, the County Clerk and Board of County 
Commissioners shall exercise the powers and perform the duties re- 
specting elections prescribed for County Clerks and Boards of County 



194 ELECTION LAWS OF MONTANA 

Commissioners by the general laws of the State. After the adoption ol 
this Act by the electors of the county, and the election and qualifica- 
tion of a Commission thereunder, the powers and duties of County Clerks 
and Boards of County Commissioners under the general election laws 
of the State shall devolve upon the Clerk and Commission of the mu- 
nicipality and, except as otherwise provided in this Act, the provisions 
of such laws shall continue to apply to all elections held within the 
municipality. 

Section 5520.91. A municipal primary election for the choice of 
members of the Commission shall be held on the last Tuesday in April 
in each year in which members of the Commission are to be elected. 
All candidates for the Commission receiving a majority of the votes 
cast at the municipal primary election shall be deemed and declared 
elected to the Commission. If candidates equal to the number of members 
of the Commission to be elected do not receive a majority of the votes 
cast at such primary election, a municipal primary election shall be held 
on the first Tuesday in June next following the election. At all munici- 
pal elections the polls shall be open from 8 a. m. to 6 p. m. The time, 
manner and method of establishing election precincts and polling places 
and appointment of judges of election and the method of conducting 
election, registering voters therefor, counting the votes cast thereat, and 
canvassing the returns thereof, shall be as prescribed by the general 
election laws of the State. 

Section 5520.92. Any elector of the municipality eligible to mem- 
bership in the Commission may be placed in nomination therefor by 
petition filed with the Clerk and signed by at least two per centum (2%) 
of the qualified electors whose names appear upon the official register 
of voters of the municipality. The signatures to a nominating petition 
need not all be appended to one paper, but to each separate leaf of the 
petition there shall be attached an affidavit of the circulator thereof 
stating that each signature appended thereto was made in his presence 
and is the genuine signature of the person whose name it purports to 
be. Each signer of a petition shall sign his name in ink or indelible 
pencil and, after his name, shall designate his residence by street and 
number or other description sufficient to identify the place, and give the 
date when his signature was made. No elector shall sign petitions for 
more candidates for the Commission than the number of places to be 
filled therein at the forthcoming primary election. 

Section 5520.93. The form of nominating petition papers shall be 
substantially as follows: 

We, the undersigned electors of the city and county of 

, hereby nominate whose 

residence is for the office of Commissioner, to 

be voted for at the primary election to be held on the last Tuesday of 

April, 19 , and we individually certify that we are qualified to vote 

for candidates for the above office and that wc have not signed nominat- 
ing petitions for more than candidates for the Commission. 

Residence (street and number) or description to identify place. 
Name. Date. 



ELECTION LAWS OK MONTANA 195 

State of Montana, city and county of ss. 

, being duly sworn, deposes and says 

that he is the circulator of this petition paper; that the signatures ap- 
pended thereto were made in his presence and are the genuine signatures 
of the persons whose names they purport to be. 

Signed 

Subscribed and sworn to before me this day of 

19 



Notary public for the State of Montana, residing at 

Montana. My commission expires , 19. 



Section 5520.94. All separate leaves comprising a nominating pe- 
tition shall be assembled and filed with the Clerk as one instrument at 
least thirty days prior to the next succeeding last Tuesday in April. 
Within five days after the filing of the nomination petition the Clerk 
shall notify the person named therein as a candidate whether such peti- 
tion is signed by the required number of qualified electors. Any eligible 
person placed in nomination as hereinbefore provided shall have his name 
printed on the ballots and placed upon any voting machine used at the 
primary election, if within five days after such nomination, he shall have 
filed with the Clerk a written acceptance of the nomination. 

Section 5520.95. No party mark or designation shall appear on the 
ballots, or in connection with the names of candidates on any voting 
machine, used in the election of members of the Commission. Each 
elector may vote for as many candidates for the Commission as there 
are places to be filled therein; but any ballot marked for more candi- 
dates than the number of places to be filled shall not be counted for 
any of the candidates for which marked. The ballots shall be in form 
substantially as follows: 

MUNICIPAL ELECTION 

City and county of 

(Month and day of month), 19 

FOR COMMISSIONERS 
Do not vote for more than 



Section 5520.96. At 2 o'clock p. m. on the tenth day before any 
election at which members of the Commission are to be nominated and 
elected, the Clerk shall publicly determine by lot the order in which 
the names of candidates for election to the Commission shall be printed 
on the ballots, or appear on any voting machine, to be used at such 
election. 

Section 5520.97. As many blank spaces shall be left on the ballots 
below the printed names of candidates for the Commission as there are 
places to be filled therein. In any such space an elector may write the 
name of any eligible person, and a vote cast for such person shall be 
counted as though for a candidate whose name is printed on the ballots. 



196 ELECTION LAWS OF MONTANA 

Section 5520.98. On the tenth day prior to the municipal primary 
election the Clerk shall cause notice thereof to be published in such daily 
newspaper or newspapers, printed and published within and of general 
circulation in the municipality as the Commission may have designated, 
and if there be no daily newspaper then in such weekly newspaper or 
newspapers as may be so designated. In case the Commission fail to 
designate such newspaper or newspapers, the Clerk shall cause the notice 
to be published in such newspaper or newspapers printed and published 
within and of general circulation in the municipality as he may select. 
Such published notice shall contain a list of the candidates for the Com- 
mission nominated as hereinbefore provided, and state the time of holding 
the election. On the tenth day prior to a municipal election held on the 
first Tuesday in June the Clerk, under like conditions, shall cause a 
similar notice to be published concerning that election. The Commission 
may also provide for giving notice of such elections by other means. 

Section 5520.99. At any municipal election held for the choice of 
members of the Commission of the first Tuesday in June following a 
municipal primary election there shall be printed on the ballots and 
placed on the voting machines the names of the candidates receiving 
the highest number of votes at the municipal primary election, except 
the names of those elected to the Commission thereat, and the number 
of names so printed on the ballots and placed on the voting machines 
shall be equal to double the number of places remaining to be filled in 
the Commission. If, by reason of their having received the same num- 
ber of votes, it cannot be determined which of two or more candidates 
shall have his name, or their names, printed on the ballots and placed 
on the voting machines, then, notwithstanding the foregoing provisions 
of this section, the names of all such candidates receiving the same 
number of votes shall be printed on the ballots and placed on the vot- 
ing machines. The candidates for the Commission at an election held 
on the first Tuesday in June, equal in number to the places remaining 
to be filled in the Commission, who receive the highest number of votes 
shall be declared elected. A tie between two or more candidates shall 
be decided by lot in the presence of such candidates and under the direc- 
tion of the Clerk. 

Section 5520.100. Any member of the Commission may be removed 
from office by the electors of the municipality. The procedure for ef- 
fecting such a removal shall be as follows: 

Any elector of the municipality may make and file an affidavit with 
the Clerk requesting that petition be issued demanding an election for 
the recall of any member of the Commission. Any such affidavit shall 
state the name of the person whose removal from the Commission is 
sought and the grounds alleged for such removal. Upon the filing of 
such an affidavit the Clerk shall deliver to the elector making the 
affidavit copies of petition papers for demanding such an election, printed 
copies of which the Clerk shall keep on file for distribution as herein 
provided. In issuing any such petition paper the Clerk shall enter in a 
record to be kept in his office the name of the elector to whom issued, 
the date of issuance, the number of papers issued, and shall certify on 
each paper the name of the elector and the date of issuance. No petition 
paper shall be accepted as part of a petition unless it bear such certifica- 
tion of the Clerk and unless filed as hereinafter provided. 

Section 5520.101. A petition for a recall election to be effective must 
be returned and filed with the Clerk within thirty days after the filing of 
the affidavit as provided in last preceding section, and to be sufficient 
must be signed by at least twenty per centum (20%) of the qualified 
electors of the municipality whose names appear on the official register 
of voters of the municipality on the date when such petition is returned 



ELECTION LAWS OK MONTANA 197 

and filed with the Clerk. If any such petition is insufficient as originally 
filed it may be amended as provided in this Act. 

Section 5520.102. If a petition for a recall election, or an amended 
petition, shall be certified by the Clerk to be sufficient, he shall at once 
submit it to the Commission with his certificate to that effect and shall 
notify the member of the Commission whose removal is sought of such 
action. Unless the member whose removal is sought resign within five 
days after such notice, the Commission shall thereupon order and fix a 
day for holding a recall election. Any such election shall be held not 
less than ninety nor more than one hundred and twenty days after the 
petition has been presented to the Commission and may be held at the 
same time as any other election held within such period; but, if no other 
election be held within such period, the Commission shall call a special 
recall election to be held within the time aforesaid. 

Section 5520.103. The question of recalling any number of members 
of the Commission may be submitted at the same election, but as to 
each member whose removal is sought a separate petition shall be filed 
and provision shall be made for an entirely separate printed ballot. Can- 
didates to succeed any person whose removal is sought shall be placed 
in nomination by petition signed, filed and verified as provided for nomi- 
nating petitions for a municipal primary election; except that each petition 
paper shall specify that the candidate named therein is a candidate to 
succeed a particular person whose removal is sought. 

Section 5520.104. Voting machines shall not be used in recall elec- 
tions, and the printed ballots shall be in form substantially as follows: 

RECALL ELECTION 

City and County of 

(Month and day of month) 19 



SHALL (name of person) BE REMOVED FROM THE COM- 
MISSION BY RECALL? 



FOR THE RECALL OF 

(Name of Person.) 



AGAINST THE RECALL OF 
(Name of Person.) 



CANDIDATE 
To succeed (name of person) if recalled. Vote for but one. 



Section 5520.105. If a majority of the votes cast on the question of 
recalling a member of the Commission as hereinbefore provided be 
against his recall he shall continue in office for the remainder of his 
unexpired term, but subject to recall as before. If a majority of such 
votes be for the recall of such member he shall, regardless of any defect 



198 ELECTION LAWS OF MONTANA 

in the recall petition, be deemed removed from office. When a mem- 
ber is removed from the Commission by recall the candidate to succeed 
such member who receives the highest number of votes shall succeed 
the member so removed for the unexpired term. 

Section 5520.106. If a person in regard to whom a recall petition is 
submitted to the Commission shall resign from office after notice thereof 
no election shall be held and some eligible person shall be chosen by a 
majority vote of the remaining members to fill the place for the unexpired 
term; but the member so resigning shall not be chosen by the Commis- 
sion to succeed himself. 

Section 5520.107. No recall petition shall be filed in respect to any 
member of the Commission within three months after he takes office 
nor in case of a member subjected to a recall election and not removed 
thereby, until at least six months after that election. 

Section 5520.119. At the first meeting of the Commission whose 
members are first elected under the provisions of this Act, such Com- 
mission shall adopt a resolution reciting the filing of the petition pro- 
vided for in Section 5520.2, the ordering and holding of a special election 
as requested in such petition, the result of such election, and the holding 
of the special election for and the election of the members of the first 
Commission, and the name and designation of the consolidated mu- 
nicipality, which resolution must be in duplicate, and signed by all of 
the members of the Commission and also entered at length on the jour- 
nal of the Commission. One copy of such Commission must be filed in 
the office of the Clerk of the Commission and the other copy thereof 
must be transmitted to and filed in the office of the Secretary of State. 
Immediately upon the adoption of such resolution by the Commission 
the separate corporate existence of the county and of each and every 
city and town therein shall be deemed to be consolidated and merged 
into one municipal corporation under the name selected, designated and 
adopted as provided in this Act, and such consolidated municipality shall 
thereupon be deemed to have succeeded to, and to possess and own all 
of the property and assets of every kind and description and shall, save 
as herein otherwise provided, become responsible for all of the obliga- 
tions and liabilities of the county, cities and towns so consolidated and 
merged. As a political subdivision of the State, such consolidated mu- 
nicipality shall have the status of a county, and for the purpose of 
representation in the Legislative Assembly, as provided by the consti- 
tution and laws of this State, and for all other purposes, it shall replace 
and be the successor of the county and shall be attached to the same 
judicial district. 

CHAPTER 2 

Laws of 1937 

An Act Fixing the Hours at Which the Polls for Special Elections Shall 
Be Opened and Closed. 

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

Section 1. Whenever any special election is held for the purpose 
of submitting to the qualified electors of any county, high school dis- 
trict, school district, city or town, the question of incurring an indebted- 
ness for any purpose, issuing bonds or making a special or additional 
levy for any purpose, the polls shall be open at 12 o'clock noon and shall 
remain open until 8 o'clock P. M. of the same day; provided, that if 
any such special election is held on the same day as any general, county, 
school or municipal election or any primary election and at the same 
polling places with the same judges and clerks of election, then the polls 
shall be opened and closed at the same hours as the polls for such gen- 
eral, county, school, municipal or primary election. 



ELECTION LAWS OK MONTANA 199 

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

Section 3. This Act shall be in full force and effect on and after 
July 1, 1937. 

Approved January 30, 1937. 

JUDICIAL OFFICERS 

Justices of the Supreme Court. 
(Constitutional Provisions, Article VIII, Section 12, page 9) 

Section 8790. On and after September 1, 1919, the Supreme Court 
shall consist of a Chief Justice and four Associate 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. 

Section 8791. The first term of office of one of the additional 
Justices of the Supreme Court hereby provided for shall extend from 
the first day of September, 1919, to the first Monday of January, 1921; 
and John Hurley of Valley County, Montana, is hereby named as said 
Justice of the Supreme Court, and he shall hold said office for said 
term. 

Section 8792. The first term of office of the other said additional 
Justice of the Supreme Court hereby provided for shall extend from 
the first day of September, 1919, to the first Monday of January, 1923; 
and George Y. Patten of Gallatin County, Montana, is hereby named as 
said additional Justice of the Supreme Court, and he shall hold office 
for said term. 

Section 8797. 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 8798. If a vacancy occur 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 succeeding general 
election; and the Justice so elected holds the office for the remainder 
of the unexpired term of his predecessor. 

JUDICIAL DISTRICTS 

Section 8812. In this State there are seventeen Judicial Districts, 
distributed as follows: 

First District: Lewis and Clark and Broadwater counties. 

Second District: Silver Bow county. 

Third District: Deer Lodge, Granite, and Powell counties. 

Fourth District: Missoula, Mineral, Lake, Ravalli, and Sanders 
counties. 

Fifth District: Beaverhead, Jefferson, and Madison counties. 

Sixth District: Gallatin, Park, and Sweet Grass counties. 

Seventh District: Dawson, McCone, Richland, and Wibaux counties. 

Eighth District: Cascade and Chouteau counties. 



200 ELECTION LAWS OF MONTANA 

Ninth District: Teton, Pondera, Toole, and Glacier counties. 

Tenth District: Fergus, Judith Basin, and Petroleum counties. 

Eleventh District: Flathead and Lincoln counties. 

Twelfth District: Liberty, Hill, and Blaine counties. 

Thirteenth District: Yellowstone, Big Horn, Carbon, Stillwater, and 
Treasure counties. 

Fourteenth District: Meagher, Wheatland, Golden Valley, and Mus- 
selshell counties. 

Fifteenth District: Roosevelt, Daniels, and Sheridan counties. 

Sixteenth District: Custer, Carter, Fallon, Prairie, Powder River, 
Garfield, and Rosebud counties. 

Seventeenth District: Phillips and Valley counties. 

Section 8813. In each Judicial District there must be the following 
number of Judges of the District Court, -who must be elected by the 
qualified voters of the district, and whose term of office must be four 
years, to-wit: In the First, Second, Fourth, Eighth, Thirteenth and Six- 
teenth, two judges each, in all other Districts one judge each. 

Section 8820. If a vacancy occur in the office of Judge of a Dis- 
trict Court, the Governor 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 general election, 
and the judge so elected holds office for the remainder of the unex- 
pired term. 

JUSTICES OF THE PEACE 

(Constitutional Provision Article VIII, Section 20, page 9) 

******* 

Section 8833. There must be at least two Justices' Courts in each 
of the organized townships of the State, for which two Justices of the 
Peace must be elected by the qualified electors of the township at the 
general State election next preceding the expiration of the term of office 
of his predecessor. 

******* 

Section 8837. The term of office of Justices of Peace is two years 
from the first Monday in January next succeeding their election. 

Section 8838. If a vacancy occurs in the office of a Justice of the 
Peace, the County Commissioners of the county must appoint an eligible 
person to hold the office for the remainder of the unexpired term. 

BOND ISSUE, RESTRAINED 

Section 9040. No action can be brought for the purpose of restrain- 
ing 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 ques- 
tion of such bond issue. 

ELECTION FRAUDS AND OFFENCES 

Section 10747. 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 



ELECTION LAWS OF MONTANA 201 

returns of election, who wilfully neglects or refuses to perform such 
duty, or who, in his official capacity, knowingly and fraudulently acts 
in contravention or violation of any of the provisions 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 imprisonment in the State prison not exceeding five years, or both. 

Section 10748. Every person who wilfully causes, procures, or al- 
lows himself to be registered in the official register of any election dis- 
trict of any county, knowing himself not to be entitled to such registra- 
tion, is punishable by a fine not exceeding 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 register of any county, with- 
out being qualified for such registration, the court must order such regis- 
tration to be cancelled. 

Section 10749. 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 introducing the same into the ballot- 
box before or after the ballots therein have been counted; or adds to, 
or mixes with, or attempts to add to or mix with, the ballots lawfully 
polled, other ballots, while the same are being counted or canvassed, 
or at any other time, with intent to change the result of such election; 
or carries away or destroys, or attempts to carry away or destroy, any 
poll-lists, check-lists, or ballots, or ballot-box, for the purpose of break- 
ing up or invalidating such election, or wilfully detains, mutilates, or 
destroys any election returns, or in any manner so interferes with the 
officers holding such election or conducting such canvass, or with the 
voters lawfully exercising their rights of voting at such election, as 
to prevent such election or canvass from being fairly held and lawfully 
conducted, is guilty of a felony. 

Section 10750. Every person not entitled to vote, who fraudulently 
attempts to vote or register, or who, being entitled to vote, attempts to 
vote or register more than once at any election, is guilty of a misde- 
meanor. 

Section 10751. 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 10752. Every officer or clerk of election who aids in chang- 
ing or destroying any poll-list or check-list, or in placing any ballots 
in the ballot-box, or taking any therefrom, or adds, or attempts to add, 
any ballots to those legally polled at such election, either by fraudu- 
lently 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 in- 
tent to change the result of such election, or allows another to do so, 
when in his power to prevent it, or carries away or destroys, or know- 
ingly allows another to carry away or destroy, any poll-list, check-list, 
ballot-box, or ballots lawfully polled, is guilty of a felony. 

Section 10753. 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 



202 ELECTION LAWS OF MONTANA 

any elector which has been handed in, to be opened or examined previous 
to putting the same into the ballot box, or who makes or places any 
mark or device on any folded ballot, with the view to ascertain the 
name of any person for whom the elector has voted, is punishable by 
imprisonment in the county jail for a period of six months, or in the 
State prison not exceeding two years, or by fine, not exceeding Five 
Hundred Dollars, or by both. 

Section 10754. Every person who forges or counterfeits returns of 
an election purporting to have been held at a precinct, town, or ward 
where no election was in fact held, or wilfully substitutes forged or 
counterfeit returns of election in the place of the true returns for a 
precinct, town, or ward where an election was actually held, is pun- 
ishable by imprisonment in the State prison for a term of not less than 
two nor more than ten years. 

Section 10755. Every person who wilfully adds to or subtracts from 
the votes actually cast at an election, in any returns, or who alters such 
returns, is punishable by imprisonment in the State prison for not less 
than one nor more than five years. 

Section 10756. Every person who aids or abets in the commission 
of any of the offenses mentioned in the four preceding sections is pun- 
ishable by imprisonment in the county jail for a period of six months, 
or in the State prison not exceeding two years. 

Section 10757. Every person who, by force, threats, menaces, brib- 
ery, or any corrupt means, either directly or indirectly, attempts to 
influence any elector in giving his vote, or to deter him from giving the 
same, or attempts by any means whatever to awe, restrain, hinder, or 
disturb any elector in the free exercise of the right of suffrage, or de- 
frauds any elector at any such election, by deceiving and causing such 
elector to vote for a different person 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 promise thereof, to vote differently from what 
such elector intended or desired to vote, is guilty of a misdemeanor, and 
is punishable by a fine not exceeding One Thousand Dollars, or imprison- 
ment not to exceed one year, or both. 

Section 10758. 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 imprisonment in the State 
prison not less than one nor more than five years. 

Section 10759. Every officer or clerk of election who deposits in 
a ballot-box a ballot on which the official stamp, as provided by law, 
does not appear, or does any electioneering on election day, is guilty of 
a misdemeanor, and upon conviction is punishable by imprisonment not 
to exceed six months, or by a fine of not less than Fifty nor more than 
Five Hundred Dollars, or both. 

Section 10760. 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 bal- 
lot, or prior to or on the day of election wilfully defaces or destroys 
any list of candidates posted in accordance with the provisions of law, 



ELECTION' LAWS OF MONTANA 203 

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 being held, or 
within twenty-five feet thereof, or obstructs the doors or entries thereof, 
or removes any ballot from the polling-place before the closing of the 
polls, or shows his ballot to any person after it is marked so as to re- 
veal 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 afterwards 
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 be- 
fore leaving the polling-place, delivered to him by such judges, and which 
he has not voted, is guilty of a misdemeanor, and is punishable by a fine 
not exceeding One Hundred Dollars. 

Section 10761. 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 entertain- 
ment; 

3. Furnishes or engages to pay any money or property for the pur- 
pose of procuring the attendance of voters at the polls, or for the purpose 
of compensating any person for procuring the attendance of voters at the 
polls, except for the conveyance of voters who are sick or infirm; 

4. Furnishes or engages to pay or deliver any money or property 
for any purpose intended to promote the election of any candidate, ex- 
cept for the expenses of holding and conducting public meetings for the 
discussion of public questions, and of printing and circulating ballots, 
hand bills, and other papers, previous to such election; is guilty of a 
misdemeanor. 

Section 10762. 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 consideration to any person to 
vote for, or to procure or aid in procuring the election of such candidate, 
is guilty of a misdemeanor. 

Section 10763. Every person, not being a candidate, who communi- 
cates any offer, made in violation of the last section, to any person, 
with intent to induce him to vote for, or to procure or to aid in pro- 
curing the election of the candidate making the offer, is guilty of a 
misdemeanor. 

Section 10764. Every person who gives or offers a bribe to any 
officer or member of any legislative caucus, political convention, or po- 
litical gathering of any kind, held for the purpose of nominating candi- 
dates for office 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 imprisonment in the State prison 
not less than one nor more than fourteen years. 

Section 10765. Every person who, by threats, intimidation, or vio- 
lence, wilfully hinders or prevents electors from assembling in public 
meeting for the consideration of public questions, is guilty of a misde- 
meanor. 



204 ELECTION LAWS OF MONTANA 

Section 10766. Every person who wilfully disturbs or breaks up 
any public meeting of electors or others, lawfully being held for the pur- 
pose of considering public questions, or any public school or public school 
meeting, is guilty of a misdemeanor. 

Section 10767. 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 misdemeanor. 

Section 10768. Every person who wilfully violates any of the pro- 
visions of the laws of this State relating to elections is, unless a dif- 
ferent punishment for such violation is prescribed by this Code, punish- 
able by fine not exceeding One Thousand Dollars, or by imprisonment 
in the State prison not exceeding five years, or both. 

Section 10769. The following persons shall be deemed guilty of 
bribery, and shall be punishable by a fine not exceeding One Thousand 
Dollars, and imprisonment in the penitentiary not exceeding one year: 

1. Every person who, directly or indirectly, by himself or by any 
other person on his behalf, gives, lends, or agrees to give or lend, or 
offers or promises, any money or valuable consideration, or promises to 
procure, or endeavors to procure, any money or valuable consideration, 
to or for any election, or to do for 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 aforesaid; 

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 pro- 
cure, 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 elec- 
tor to vote or refrain from voting, or corruptly does any such act as 
aforesaid, 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 persons on his behalf, makes any gift, loan, offer, promise, pro- 
curement, 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 any 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 expended in bribery, or in corrupt 
practices, at any election, or who knowingly pays, or causes to be paid, 
any money to any person in discharge or 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 in- 
directly, 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; 



EI.KCTION LAWS OK MONTANA 205 

7. Every person who, after any election, directly or indirectly, by 
himself or by any other person in his behalf, receives any money, gift, 
loan, valuable consideration, office, place, or employment, for having 
voted or refrained from voting, or having induced any other person to 
vote or refrain from voting, at any election; 

S. Every person, whether an elector or otherwise, who, before or 
during any election, directly or indirectly, by himself or by any other 
person on his behalf, makes approaches to any candidate or agent, or 
any person representing or acting on behalf of any candidate at such 
election, and asks for, or offers to agree or contract for, any money, 
gift, loan, valuable consideration, office, place, or employment for him- 
self or any other person, for voting or agreeing to vote, or for refrain- 
ing 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 canidate, or any agent or person 
representing or acting on behalf of any candidate, and asks for or offers 
to receive any money, gift, loan, valuable consideration, office, place, 
or employment, for himself or any other person, for having voted or 
refrained from voting, or having induced any other person to vote or 
refrain from voting at such election; 

10. Every person who, in order to induce a person to allow him- 
self to be nominated as a candidate, or to refrain from becoming a 
candidate, or to withdraw if he has so become, gives or lends any 
money or valuable consideration whatever, or agrees to give or lend, or 
offers or promises any such money or valuable 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 consideration; 

11. Every person who, for the purpose and with the intent in the 
last preceding subsection mentioned, gives or procures any office, place, 
or emploj'ment, or agrees to give or procure, or offers or promises, such 
office, place, or employment, or endeavors to procure, or promises to pro- 
cure 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 subsec- 
tions, 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 declaration of intention, or has taken out, or 
is about to take out, his final papers as a citizen of the United States; 
and every person who receives any money or other valuable thing to 
pay such fee, or permits the same to be paid for him. 

Section 10770. 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 can- 
didate or political mottoes, devices, or arguments containing threats or 
promise, express or implied, calculated or intended to influence the po- 
litical 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 establishment 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, 



206 ELECTION LAWS OP MONTANA 

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 establish- 
ment be closed up, or the salaries or wages of his workmen or em- 
ployees 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 cor- 
porations 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 Dollars nor more than Five Hundred 
Dollars, and imprisonment not exceeding six months in the county jail, 
and any corporation violating this section shall be punished by a fine 
not to exceed Five Thousand Dollars, or forfeit its charter, or both such 
fine and forfeiture. 

Section 10771. 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 committed. 

Section 10772. If it be proved before any court for the trial of 
election contests or petitions that any corrupt practice has been com- 
mitted, by or with the actual knowledge and consent of any candidate 
at an election, if he has been elected, such election shall be void, and 
shall be so adjudged. 

CORRUPT PRACTICES ACT 

Section 10773. No sums of money shall be paid, and no expenses 
authorized or incurred, by or on behalf of any candidate to be paid by 
him, except such as he may pay to the State for printing, as herein 
provided in his 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 hundred dollars in his 
campaign for such nomination. No sums of money shall be paid, and 
no expenses authorized or incurred, contrary to the provisions of this 
Act, for or on behalf of any candidate for nomination. For the purpose 
of this law, the contribution, expenditure, or liability of a descendant, 
ascendant, brother, sister, uncle, aunt, nephew, niece, wife, partner, em- 
ployer, employee, or fellow official or fellow employee of a corporation, 
shall be deemed to be that of the candidate himself. 

Section 10774. No sums of money shall be paid and no expenses 
authorized or incurred by or on behalf of any candidate who has re- 
ceived 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 restricted to less than 
one hundred dollars. No sum of money shall be paid and no expenses 
authorized or incurred by or on behalf of any political party or organi- 
zation to promote the success of the principles or candidates of such 
party or organization, contrary to the provisions of this Act. For the 
purpose of this Act, the contribution, expenditures, or liability 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 10775. 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 inconsistent with the manifest intent of 
the law: 



ELECTION LAWS OF MONTANA 207 

"Persons" shall apply to any individual, male or female, and, where 
consistent with collective capacity, to any committee, firm, partnership, 
club, organization, association, corporation, 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 request or 
under agreement, receives or disburses money in behalf of a candidate. 

"Political committee" shall apply to every combination of two or 
more persons who shall aid or promote the success or defeat of a candi- 
date, or a political party or principle, and the provisions of law relating 
thereto shall apply to any firm or partnership, to any corporation, and 
to any club, organization, association, or other 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. 

"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 political parties or organizations for public speakers, 
music halls, lights, literature, advertising, office rent, printing, postage, 
clerk hire, challengers or watchers at the polls, traveling expenses, tele- 
graphing or telephoning, or making of poll-lists. 

Section 10776. 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 election at which he was a candidate, 
file with the Secretary of State if a candidate for Senator of the United 
States, Representative in Congress, or for any State or district office in 
a district composed of one or more counties, or for Members of the Legis- 
lative 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 officers, 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 state- 
ment 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 existing unfulfilled promises of every character, and all liabilities 
remaining uncancelled and in force at the time such statement is made, 
whether such expenditures, promises, and liabilities were made or in- 
curred before, during, or after such election. If no money or other valu- 
able 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 candidate. Any candidate who shall 



208 ELECTION LAWS OF MONTANA 

fail to tile such a statement 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. 

Section 10777. Every political committee shall have a treasurer, 
who is a voter, and shall cause him to keep detailed accounts of all 
its receipts, payments, and liabilities. Similar accounts shall be kept 
by every person, who in the aggregate receives or expends money or 
incurs 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 connected with the politi- 
cal canvass, campaign, nomination, or election concerned. Every per- 
son 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, ex- 
penditure, or incurrence of liability, give such treasurer, agent, candi- 
date, or other person on whose behalf such expense or liability was in- 
curred, detailed account thereof, with proper vouchers. Every payment, 
except payments less in the aggregate than five dollars to any person, 
shall be vouched for by a receipted bill stating the particulars of ex- 
pense. 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 candidate for any office or nomination who expends money 
or value to an amount greater than fifty dollars in any campaign for 
nomination or election, to aid in the election or defeat of any 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 districts 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 organization whose success or de- 
feat 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 politi- 
cal party, committee, or organization, during an election campaign, shall 
be open at all reasonable office hours to the inspection of the treasurer 
and chairman of any opposing political party or organization for the 
same electoral district; and his right of inspection may be enforced by 
writ of mandamus by any court of competent jurisdiction. 

Section 10778. 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 dis- 
tricts composed of one or more counties, and County Clerks for county 
offices, and the City and Town Clerks, Auditors, or Recorders for mu- 
nicipal offices, shall transmit to the several candidates, and to the treas- 
urers of political committees, and to political agents, as far as they 
may be known to such officer, copies of this Act, and also to any other 
person required to file a statement; such copies shall be furnished upon 
application therefor. Upon his own information, or at the written re- 
quest of any voter, said Secretary of State shall transmit to any other 



ELECTION' LAWS OF MONTAN \ 209 

person believed by him or averred to be a candidate, or who may other- 
wise be required to make a statement, a copy of this Act. 

Section 10779. The several officers with whom statements are re- 
quired to be filed shall inspect all statements of accounts 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 writing by a 
candidate or by a voter that a statement filed does not conform to law 
or to the truth, or that any person has failed to file a 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 candidate shall state in detail the grounds of objection, shall be sworn 
to by the complainant, and shall be filed with the officer within sixty 
days after the filing of the statement or amended statement. Upon the 
written request of a candidate or any voter, filed within sixteen days 
after any convention, primary, or nominating election, said Secretary 
of State, County Clerk, City or Town Clerk, Auditor, or Recorder, as the 
case may be, shall demand from any specified person or candidate a 
statement of all his receipts, and from whom received, disbursements 
and liabilities in connection with or in any way relating to the nomina- 
tion or election concerned, whether it is an office to which a salary or 
compensation is attached or not, and said person shall thereupon be re- 
quired to file such statement and to comply with all the provisions re- 
lating to statements herein contained. Whoever makes a statement re- 
quired 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 pro- 
vided. 

Section 10780. 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 discloses any violation of any provision 
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 forth- 
with notify the County Attorney of the county where said violation oc- 
curred, and shall furnish him with copies of all papers relating thereto, 
and said County Attorney shall, within sixty days thereafter, examine 
every such case, and if the 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. 

Section 10781. The District Court of the county in which any state- 
ment of accounts and expenses relating to nominations and elections 
should be filed, unless herein otherwise provided, shall have exclusive 
original jurisdiction of all violations of this Act, and may compel any 
person who fails to file such a statement as required by this Act, or 
who files a statement which does not conform to the provisions of this 
Act in respect to its truth, sufficiency in detail, or otherwise, to file a 
sufficient statement, upon the application of the Attorney-General or of 
the County 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 the fifteen days required, 
but such a petition may be filed within thirty days after any payment 
not included in the statements so filed. 

Section 10782. All statements shall be preserved for six months after 
the election to which they relate, shall be public records subject to 



210 ELECTION LAWS OF MONTANA 

public inspection, and it shall be the duty of the officers having custody 
of the same to give certified copies thereof in like manner as of other 
public records. 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 10783. 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 records in another name than that of the person by whom it was 
actually furnished; provided, if the money be received from the treasurer 
of any political organization it shall be sufficient to enter the same as 
received from said treasurer. 

Section 10784. No person shall, in order to aid or promote his nomi- 
nation 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 member of the legislative assembly, he may 
pledge himself to vote for the people's choice for United States Senator, 
or state what his action will be on such vote. 

Section 10785. No holder of a public position or office, other than 
an office filled by the voters, shall pay or contribute to aid or promote 
the nomination or election of any other person to public office. No 
person shall invite, demand, or accept payment or contribution from such 
holder of a public position or office for campaign purposes. 

Section 10786. No holder of a public position, other than an office 
filled by the voters, shall be a delegate to a convention for the election 
district that elects the officer or board under whom he directly or in- 
directly holds such position, nor shall he be a member of a political 
committee for such district. 

Section 10787. No person shall invite, offer, or effect the transfer 
of any convention credential in return for any payment of money or 
other valuable thing. 

Section 10788. No person shall pay, or promise to reward another, 
in any manner or form, for the purpose of inducing him to be or re- 
frain from or cease being a candidate, and no person shall solicit any 
payment, promise, or reward from another for such purpose. 

Section 10789. No person shall demand, solicit, ask, or invite any 
payment or contribution for any religious, political, charitable, or other 
cause or organization supposed to be primarily or principally for the 
public good, from a 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 for any office. No payment or contribution for any purpose 
shall be made a condition precedent to the putting of a name on any 
caucus or convention ballot or nomination paper or petition, or to the 
performance of any duty imposed by law on a political committee. No 
person shall demand, solicit, ask, or invite any candidate to subscribe 



ELECTION LAWS OF MONTANA 211 

to the support of any club or organization, to buy tickets to any enter- 
tainment or ball, or to subscribe for or pay for space in any book, pro- 
gram, periodical, or other publication; if any candidate shall make any 
such payment or contribution with apparent hope or intent to influence 
the result of the election, he shall be guilty of a corrupt practice; but 
this section shall not apply to the soliciting of any business advertise- 
ment for insertion in a periodical in which such candidate was regularly 
advertising prior to his candidacy, nor to ordinary business advertising, 
nor to his regular payment to any organization, religious, charitable, or 
otherwise, of which he may have been a member, or to which he may 
have been a contributor, for more than six months before his candi- 
dacy, nor to ordinary contributions at church services. 

Section 10790. 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, trus- 
tee, 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 franchise in public ways 
granted by the State or by any county, city, or town, shall pay or con- 
tribute in order to aid, promote, or prevent the nomination or election of 
any person, or in order to aid or promote the interests, success, or de- 
feat of any political party or organization. No person shall solicit or 
receive such payment or contribution from such corporation of such 
holders of a majority of such stock. 

Section 10791. Any person or candidate who shall, either by him- 
self or by any other person, either before or after an election, or while 
such person or candidate is seeking a nomination or election, directly or 
indirectly, give or provide or pay, wholly or in part, the expenses of 
giving or providing any meat or drink, or other entertainment or provi- 
sion, clothing, liquor, cigars, or tobacco, to or for any person for the 
purpose of or with intent or hope to influence that person, or any other 
person, to give or refrain from giving his vote at such election to or for 
any candidate or political party ticket, or measure before the people, 
or on account of such persons, or any other person, having voted or 
refrained from voting for any candidate or the candidates of any po- 
litical party or organization or measure before the people, or being 
about to vote or refrain from voting at such election, shall be guilty 
of treating. Every elector who accepts or takes any such meat, drink, 
entertainment, provision, clothing, liquors, cigars, or tobacco, shall also 
be guilty of treating; and such acceptance shall be a ground of challenge 
to his vote and of rejecting his vote on a contest. 

Section 10792. Whenever any person's right to vote shall be chal- 
lenged, and he has taken the oath prescribed by the statutes, and if 
it is at a nominating election, then it shall be the duty of the clerks 
of election to write in the poll-books at the end of such person's name 
the words "challenged and sworn," with the name of the challenger. 
Thereupon the chairman of the board of judges shall write upon the 
back of the ballot offered by such challenged voter the number of his 
ballot, in order that the same may be identified 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 
10753 of this Code. 



212 ELECTION LAWS OF MONTANA 

Section 10793. Every person who shall, directly or indirectly, by 
himself or any other person in his behalf, make use of or threaten to 
make use of any force, coercion, violence, restraint, or undue influence, 
or inflict or threaten to inflict, by himself or any other 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 officer of any church, religious or other cor- 
poration or organization, otherwise than by public speech or print, shall 
urge, persuade, or command any voter to vote or refrain from voting 
for or against any candidate or political party ticket or measure sub- 
mitted to the people, for or on account of his religious duty, or the in- 
terest 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 
thereby 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 a corrupt practice. 

Section 10794. 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 contingency relating to any pending election, or who 
provides money or other valuables 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 purpose of influencing 
the result of any election, makes any bet or wager of anything of pe- 
cuniary value on the result of such election in his electoral district, or 
any part thereof, or any pending election, or on any event or contingency 
relating 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 10795. 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 peni- 
tentiary at hard labor for not less than one nor more than three years. 

Section 10796. 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 any elec- 
tor, with intent to induce such elector to vote for or to refrain 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 
public offices or on public measures. Such corrupt practice shall be 
deemed to be prevalent when instances thereof occur in different elec- 
tion districts similar in character and sufficient 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 10797. 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 



KI.KITION LAWS OF MONTANA 213 

shall pay for personal service to be performed on the day of a caucus, 
primary, convention, 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 political 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 10798. No publisher of a newspaper or other periodical shall 
insert, either in its advertising or reading columns, any paid matter 
which is designed or tends to aid, injure, or defeat any candidate or any 
political party or organization, or measure before the people, unless it 
is stated therein that it is a paid advertisement, the name of the chair- 
man 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 newspaper 
or other periodical to induce him to editorially advocate or oppose any 
candidate for nomination or election, and no such owner, editor, pub- 
lisher, or agent shall accept such payment. Any person who shall violate 
any of the provisions of this section shall be punished as for a corrupt 
practice. 

Section 10799. 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 candidates or ticket of any political 
party or organization, or any measure submitted to the people, and upon 
conviction thereof he shall be punished by a 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 occurring on the same or 
different election days, he shall be punished by a 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 10800. It shall be unlawful to write, print, or circulate 
through the mails or otherwise any letter, circular, bill, placard, or poster 
relating to any election or to any candidate at any election, unless the 
same shall bear on its face the name and address of the author, and of 
the printer and publisher thereof; and any person writing, printing, pub- 
lishing, 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 prac- 
tice, and shall on conviction thereof be punished by a fine of not less 
than Ten Dollars nor more than One Thousand Dollars. If any letter, 
circular, poster, bill, publication, or placard shall contain any false state- 
ment or charges reflecting on any candidate's character, morality, or 
integrity, the author thereof, and every person printing or knowingly 
assisting in the circulation, shall be guilty of political criminal libel, and 
upon conviction thereof shall be punished by imprisonment in the peni- 
tentiary for not less than one year 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 publi- 
cation, it shall be a sufficient defense to such charge. But in that event, 
and as a part of such defense, the author and the printer or publisher 
or other person charged with such crime shall also prove that, at least 
fifteen days before such letter, circular, poster, bill, or placard contain- 



214 ELECTION LAWS OF MONTANA 

ing such false statement or statements was printed or circulated, he or 
they caused to be served personally and in person upon the candidate to 
whom it relates a copy thereof in writing, and calling his attention par- 
ticularly to the charges contained therein, and that, before printing, pub- 
lishing, 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 10801. The name of a candidate chosen at a primary nomi- 
nating 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 statements of accounts and expenses relating to nomi- 
nations required by this Act, as well as a statement by his political 
agent and by his political committee or committees in his behalf, if his 
statement discloses the existence of such agent, committee or commit- 
tees. 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 statement beyond the time 
prescribed shall not preclude its acceptance or prevent the insertion of 
the name on the ballot, if there is reasonable 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 statements required by this Act. 

Section 10802. It shall be unlawful for any person to accept, re- 
ceive, or pay money or any valuable consideration for becoming or for 
refraining from becoming a candidate for nomination or election, or by 
himself or in combination with any other person or persons to become a 
candidate for the purpose of defeating the nomination or election of any 
other person, and not with a bona fide intent to obtain the office. Upon 
complaint made to any district court, if the judge shall be convinced 
that any person has sought the nomination, or seeks to have his name 
presented to the voters as a candidate for 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 forth- 
with issue his writ of injunction restraining the officer or officers 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 nomi- 
nation to any office. In addition thereto, the court shall direct the 
County Attorney to institute criminal proceedings against such person 
or persons for corrupt practice, and upon conviction thereof he and any 
person or persons combining with him shall be punished by a fine of not 
more than One Thousand Dollars, or imprisonment in the county jail 
for not more than one year. 

Section 10803. Where, upon the trial of any action or proceeding 
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 offense 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 charac- 
ter, and that in all other respects his participation in the election was 
free from such offenses or illegal acts, or that any act or omission of 
the candidate arose from inadvertence or from accidental miscalculation, 



ELECTION LAWS OF MONTANA 215 

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 to 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 10804. If, upon the trial of any action or proceeding under 
the provisions of this Act, for the contesting of the right of any person 
declared to be nominated to an office, or elected to an office, or to 
annul and set aside such election, or to remove any person from his 
office, it shall appear that such person was guilty of any corrupt prac- 
tice, illegal act, or undue influence, in or about such nomination or elec- 
tion, he shall be punished by being deprived of the nomination or office, 
as the case may be, and the vacancy therein shall be filled in the manner 
provided by law. The only exception to this judgment shall be that pro- 
vided in the preceding section of this Act. Such judgment shall not pre- 
vent the candidate or officer from being proceeded against by indictment 
or criminal information for any such act or acts. 

Section 10805. Any action to contest the right of any person de- 
clared 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 mentioned in this Act, must, unless a dif- 
ferent 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 pre- 
scribed by this Act, in which case the action or proceeding may be com- 
menced within forty days after the discovery by the complaint of such 
illegal payment. 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 contest before the Legislative Assembly. 

Section 10806. An application for filing a statement, payment 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 offense mentioned in this Act, or any petition to ex- 
cuse any person or candidate in accordance with the power of the court 
to excuse as provided in Section 10803 of this Code, 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 nomi- 
nated or elected is filed, or in which the incumbent resides. 

Section 10807. A candidate nominated or elected to an office, and 
whose nomination or election thereto has been annulled 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 emolu- 
ment under the laws of the State of Montana, or of any municipality 
therein. Any appointment or election to any office or position of trust, 
honor, or emolument, made in violation of or contrary to the provisions 
of this Act, shall be void. 

Section 10808. 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 



216 ELECTION LAWS OF MONTANA 

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 misde- 
meanor, and upon conviction 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 violation of the provisions 
of this Act, the penalty of which is fine or imprisonment, or both, or 
removal from office. 

Section 10809. 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 elimi- 
nated, the court must declare such person nominated or elected, as the 
case may be. 

Section 10810. Any elector of the State, or of any political or mu- 
nicipal division thereof, many 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 provisions of the law 
relating to nominations or elections. 

2. When the person whose right was contested was not, at the time 
of the election, eligible to such office. 

3. On account of illegal votes or an erroneous or fraudulent count 
or canvass of votes. 

Section 10811. Nothing in the third ground of contest specified in 
the preceding section is to be so construed as to authorize a nomina- 
tion 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 contested, if taken from him, would reduce the number of his 
legal votes below the number of votes given to some other person for 
the same nomination or office, after deducting therefrom the illegal votes 
which may be shown to have been given to such other person. 

Section 10812. When the reception of illegal votes is alleged as a 
cause of contest, it shall be sufficient to state generally that in one 
or more specified voting precincts illegal votes were given to the per- 
son 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 con- 
testing such election deliver to the opposite party, at least three days 
before such trial, a written list of the number of illegal votes, and by 
whom given, which he intends to prove on such trial. This provision 
shall not prevent the contestant from offering evidence of illegal vote 
not included in such statement, if he did not know and by reasonable 
diligence was unable to learn of such additional illegal votes, and by 
whom they were given, before delivering such written list. 

Section 10813. Any petition contesting the right of any person to a 
nomination or election shall set forth the name of every person whose 
election is contested, and the grounds of the contest, and shall not 
thereafter be amended, except by leave of the court. Before any pro- 
ceeding thereon the petitioners shall give bond to the State in the sum 
as the court may order, not exceeding Two Thousand Dollars, with not 



KL.ECTION LAWS OF MONTANA 217 

less than two sureties, who shall justify in the manner required of 
sureties on bail-bonds, conditioned to pay all costs, disbursements, and 
attorney's fees that may be awarded against him if he shall not pre- 
vail. If the petitioner prevails, 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 person whose nomination or of- 
fice 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 dis- 
posed of with all convenient dispatch. The court shall always be deemed 
in session for the trial of such cases. 

Section 10814. The petitioner (contestant) and the contestee may 
appear and produce evidence at the hearing, but no person, other than 
the petitioner and contestee, shall be made a party to the proceedings 
on such petition; and no person, other than said parties and their at- 
torneys, shall be heard thereon, except by order of the court. If more 
than one petition is pending, or the election of more than one person 
is contested, the court may, in its discretion, order the cases to be heard 
together, and may apportion the costs, disbursements, and attorney's 
fees between them, and shall finally determine all questions of law and 
fact, save only that the judge may, in his discretion, impanel a jury to 
decide on questions of fact. (In the case of a contested nomination or 
election for Senator or Representative in the Legislative Assembly, or for 
Senator or Representative in Congress, the court shall forthwith certify 
its finding to the Secretary of State, to be by him transmitted to the 
presiding officer of the body in question.) In the case of other nomina- 
tions or elections, the court shall forthwith certify its decision to the 
board or official issuing certificates of nomination or election, which 
board or official shall thereupon issue certificates of nomination or 
election to the person or persons entitled thereto by such decision. If 
judgment of ouster against a defendant shall be rendered, said judg- 
ment 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 the defendant, that 
some act has been done or committed which would have been ground in 
a similar action against such person, had he received the highest number 
of votes for such 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 declared vacant, and shall thereupon 
be filled by a new election, or by appointment, as may be provided by 
law regarding vacancies in such nomination or office. — Note: So much 
of the above section as is enclosed in brackets was held unconstitutional 
in State ex rel Smith vs. District Court, 50 Mont. 134. 

Section 10815. In like manner as prescribed for the contesting of 
an election, any corporation organized under the laws of or doing busi- 
ness 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 Dol- 
lars, or may declare a forfeiture of the charter and franchises of the 
corporation, if organized under the laws of the State, or if it be a 
foreign corporation, may enjoin said corporation from further transact- 
ing business in this State, or by both such fine and forfeiture, or by 
both such fine and injunction. 



218 ELECTION LAWS OF MONTANA 

Section 10816. Whoever violates any provision of this Act, the pun- 
ishment for which is not specifically provided by law, shall on convic- 
tion thereof be punished by imprisonment in the county jail for not 
more than one year, or by a fine of not more than Five Thousand Dol- 
lars, or by both such fine and imprisonment. 

Section 10817. Proceedings under this Act shall be advanced 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 there- 
by more effectually secured, and in case of such continuance or post- 
ponement, 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 producing papers or docu- 
ments on the ground that his testimony 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 information that he may 
have so given, except in a prosecution for perjury committed in such 
testimony. 

Section 10818. A petition or complaint filed under the provisions 
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 

candidates at said election, and the Board of Canvassers has returned 

the said as being duly nominated (or elected) 

at said election. 

That Contestant A. B. voted (or had a right to vote, as the case 
may be) at said election (or claims to have had a right to be returned 
as the nominee or officer elected or nominated at said election, or was 
a candidate at said election, as the case may be), and said contestant 
C. D. (here state in like manner the right of each 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 determined by the 

court that said .., was not duly 

nominated (or elected), and that said election was void (or that the 
said A. B. or C. D., as the case may be) was duly nominated (or 
elected) and For such other and further relief as to the court may seem 
just and le;, r al in the premises. 

Said complaint shall be verified by the affidavit of one of the peti- 
tioners in the manner required by law for the verification of complaints 
in civil cases. 



ELECTION LAWS OF MONTANA 219 

Section 10819. 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 

expended money) at the election for the (State) (District) (County) 
(City) of , on the day of , 

A. D., 19 , being first duly sworn, on oath do say: That I have 

carefully examined and read the return of my election expenses and 
receipts hereto attached, and to the best of my knowledge and belief 
that return is full, correct, and true. 

And I further state on oath that, except as appears from this re- 
turn, 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 author- 
ized by me or not, made any payment, or given, promised, or offered 
any reward, office, employment, or position, public or private, or valu- 
able consideration, or incurred any liability on account of or in respect 
of the conduct or management of the said nomination or election. 

And I further state on oath that, except as specified in this re- 
turn, I have not paid any money, security, or equivalent for money, nor 
has any money or equivalent for money, to my knowledge or belief, 
been paid, advanced, given, or deposited by 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, reward, office, position, or em- 
ployment, or valuable consideration, for the purpose of defraying any 
such expenses or obligations as herein mentioned for or on account of 
my nomination or election, or provide or be a party to the providing 
of any money, security, or equivalent for money for the purpose of 
defraying any such expense. 

(Signature of Affiant) 



Subscribed and sworn to before me by the above-named 

on the day of , A. D. 19. 



Attached to said affidavit shall be a full and complete account of 
the receipts, contributions, and expenses of said affiant, and of his sup- 
porters 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 meas- 
ure before the people. 

Section 10820. 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. 



220 

INDEX 



Apportionment and Representation Art. VI, Page 7, Sees. 44-47 

.Arrcs t * 

Electors on election day prohibited Art. IX, Sec. 3, page 10, Sec. 541 

Absent Electors: „_ 

See "Voting" < 15- « 35 

Ballots: „ c 

Blank space and margin left upon o»o 

Box: Examination and locking of by judges before using at polls 600 

For polling precinct 604 

Opening in lid 605 

Remains unopened during election 006 

Returned to County Clerk - 7S2 

Cities and Towns, duty of City Clerk (See also "Cities & Towns") 687 

City charge, when - 677 

City Clerk to prepare in city elections - 6<9 

Clerk to deliver to election judges 603 

Color and size 681 

Columns and directions to voter 681 

Constitutional amendments, special column upon 681 

County charge, when 677 

County Clerk to prepare, when and how 686 

County Clerk to provide , 681 

Duty of County Clerk 0^8 

Elections shall be by 59 

Elector may not bring in or use unofficial sample O'.IO 

Elector shall receive only from judge 693 

Form of Page 63 

Initiative and Referendum measures, special column upon 681 

Judges selected, duties 695 

Judicial candidates, arrangement upon 681 

Legislative candidates, placed how 681 

Manner for placing Senate and House candidates on Chap. 170, page 59 

Model ballot 681 

Must be marked 678 

Names arranged how 681 

Names written or posted upon; marking of 681 

No removal from polling place before closing polls 693 

Numbering of by County Clerk 684 

Number to be furnished each precinct 687 

Official only may be voted 693 

Only judges may receive voted 693 

Other may not be cast or counted 678 

Order of placement of names upon 681 

Party designation, how shown 6S1 

Paster, when and how used to fill vacancy 680 

Placing by judges in ballot box 702 

Preparation and form pages 59-63 

Printed and distributed at public expense 677 

Printed in black ink 681 

Qualified elector entitled to receive one 695 

Record of number supplied precincts 687 

Return to judges unvoted 693 

Rotation of names upon 681 

Questions upon, clerk's duty 686 

Sample 6S1 

Showing of after voting prohibited 693 

Spoiled, procedure 698 

Stamps, clerk to deliver to judges 603 

Stubs, size and contents - 684 

Uniformity of size and printing 685 

Voted, only judge to place in ballot box 700 

Voter: mav take memorandum into booth 678 

May write or paste name of other candidate upon 678 

Voting procedure (See also "Voting") 696 

Beer: See "Liquors" 

Bridge construction: 

Election on proposed levy 4 iM 

Lew collected how 4716 

Levy for 4 1 13 

Bridges, public: Election procedure in construction of 1711 

Canvass of election returns: See "Election Returns" 790-808 



INDEX 221 

Certificates of Election: County Commissioners power to issue 4465.2 

Issuance by Clerk of the Board 4516 

Other 673.5, 673.7, 797, 805, 4395, 5012, 7183 

Challenge: (See also "Voting") 688-714 

Elector refusing oath, vote rejected £12 

Grounds for 706 

How determined "10 

In registration of electors 573 

Naturalization, when 559 

Oath 708, 709 

Proceedings upon, determination of 713 

Trial of by judges of election when 711 

City and County Consolidated Government: 

Adoption of Act: After adoption, election duties devolve 

upon whom 5520.90 

County Commissioners and Clerk, duties 5520.90 

Authorized 5520.1 

Ballots: Blank spaces left for write-in of names 5520.97 

Form of 5520.95 

Order in which candidates names must be printed, deter- 
mined how 5520.96 

Party mark or name prohibited on 5520.95 

Printing upon of names of candidates nominated at primary.. ..5520.99 

Commission: members of elected when and how 5520.5 

Election: Ballots, form and contents .5520.4 

Canvass of «o777j? 

Judges, clerks, general procedure under general laws 5o20.91 

Nominating petition, form and signatures 5 ~o°>~ 

Nomination of candidates by petition only 5520.5 

Ordered bv County Commissioners 5'2™§ 

Order of County Commissioners ordering special, when 5520.5 

Polls open and close when Kon'ai 

Primary : Majority vote elects ™(i.ai 

Publication of notice calling 55^X - S? 

When held ■•----. 55 ^2;?£ 

Proclamation for special, contents, posting and publication 5520.5 

Proclamation, publication and posting of 5520.3 

Question submitted at general election, when 5o2 ,„ 

Special called for electing members of commission -O320.5 

Tie vote, procedure, when 5rx„ „ 

When held 5520.3 

Initiative. Referendum, Recall: (See also "Ordinances," below) 

Petitions: Amendment of 5520.31 

Duty of Clerk 5520 30-. 31 

Filed where rrJooo . 

How signed 5520.29 

Membership in Commission, who eligible 5520.92 

Nominating Petition: „-~ nn . 

Assembled and filed how 5o20.94 

Form of £122™ 

How prepared and signed 5520.92 

Nomination: Acceptance of required 5520.94 

Ordinances: 

Amendment or repeal of = 5520.24 

Approval or rejection at polls, except 5520.25 

Bond and other issues, preliminary steps authorized 5520.28 

Not operative when referendum is petitioned 5520. 25-. 26 

Passed at elections, effective when 5520.22 

Proposed, certified to Commission by Clerk 5520.22 

Proposed by Initiative: Remedv for failure of Commission 

to pass 5520.21 

Proposed for repeal of existing, how submitted 5520.24 

Publication of adopted 5520.24 

Reconsideration of by Commission when 5520.26 

Referendum: Ballots, form and contents 5520.27 

Certification to Commission by Clerk 5520.26 

More than one question may be submitted on same ballot. ...5520.27 

Petitions and procedure 5520.25 

Upon 5020 25 

When ordered by Commission 5520.20 

Repealed when vote unfavorable to 5520.26 

Special district levy, submission to voters, limitation 5520.58 

Special services, Commission may designate and make 

levy for 5520.58 

Submitted to electors when 5520.22 

Submission to voters when Commission fails to reconsider 

previous action upon 5520.26 

When passed in other form than submitted by the Initiative, 

procedure 5520.23 



222 INDEX 

City and County Consolidated Government (continued) 

Petition: Examination and certificate by County Clerk 5520.3 

Filing of 5520.2 

Form and contents 5520.3 

Referendum: See "Ordinances" 
Removal of Commissioners: 

Elections: Ballots, form of 5520.104 

Date of 5520.102 

None when Commissioner resigns 5520.106 

Removal of more than one Commissioner may be sub- 
mitted at same 5520.103 

Result and effect of 5520.104 

Voting- machines prohibited 5520.104 

Petition: Amended 5520.101 

Certification of action by County Clerk 5520.102 

Filing and sufficiency of 5520.101 

Nominating successor to office 5520.103 

Not filed until what time against new member 5520.107 

Procedure 5520.100 

Service of notice upon member concerned 5520.102 

Resolution declaring creation of, filed where 5520.119 

Special services : See "Ordinances" 5520.58 

Submission of question, how 5520.2 

Status of county 5520.119 

Voting: Elector may vote what number of candidates 5520.95 

When effective 5520.119 

Cities and Towns: 

Aldermen: Election when, term of office 5003 

Elected at first annual election; term of 5005 

Who eligible to 5008 

Annexation to contiguous, procedure 4979 

Bonds: Action to restrain issue must be brought when 9040 

Certain issued only after election 5278.6 

Election: 

Ballots, separate required, form and contents of 5278.9 

Called only on petition - 1252 

Canvass by whom and when 5278.12 

Canvass of returns 5278.9 

Conduct of 5278.9 

County Clerk's duty 5278.10 

If special, council to fix hours of polls; number of 

juges of - 5278.8 

If submitted at general election, polls open when 5278.8 

Issue is adopted when 5278.11 

List of electors, need not be published or posted 5278.10 

Lists and poll books prepared by County Clerk 5278.10 

Necessary vote stipulated 5278.11 

Notice of, contents, and posting, publication 5278.8 

Notice to County Clerk of 5278.10 

Registration, notice and closing of 5278.10 

Resolution by council when election successful 5278.12 

Who may vote : 5278.10 

Petition for election: 

Action upon by council 5278.7 

Examination and certification by City Clerk 5278.6 

Filed with whom 5278.6 

Must be filed, contents of 5278.6 

Placed before council by Clerk 5278.7 

Resolution by Council upon approval of 5278.7 

Who may circulate and sign 5278.6 

Question of issue to be subject of election 5278.1 

Resolution of council regarding issue of 527S.1 

Who may vote at election for issuance of 1253 

Borrowing, limitation of city council 5069.63 

Canvass of election returns 5012 

Certificates of election 5012 

Commission Form of Government 5366-5399, 5377.1, 5378.1 

Abandonment of, procedure 5379-5398 

Ballots, form of 5.369 

Ballots, form and printing 5377 

Bond for Mayor and Councilmen 5377 

Canvass of election returns 5368, 5377 

Certificate of Mayor 5370 

Corrupt practice, penalty 5378-5379 

Election: 

Calling of 5367 

Of first officers 5371 

Of Mayor and Councilmen 5377.1 

Proclamation 5368 

Electors qualifications 5377 

Fees for filing nominating petitions 5378.1 

Laws which govern 5373 



INDEX 223 

Cities and Towns (continued) 

Commission Form of Uovernment (continued) 

Nominating petition, form, filing' 5377 

Oath and qualification of elected officers 53<7 

Officers: 

Election of. and canvass of returns 5371, 5372 

Must be nominated at primary 5377 

Of 5374 

Ordinance by petition 5395 

Ordinances: 

Must be voted by people, when 5388 

Passing of 5388 

Referendum upon 5396 

Suspension of proposed 5396 

When effective 5396 

Petition for reorganization 5367 

Petitions, time for filing 5377 

Property rights vest in 5373 

Publication of candidates for office 5377 

Removal of officers 5394 

Returns, publication of 5377 

Second submission to electors, when 5370 

Terms of office and qualification date 5375 

Terms of office expire when 5370 

Territorial limits 5373 

Vacancies, how filled 5374 

Commission-Manager Form of Government 5400-5520 

Abandonment of plan, procedure 5514-5516 

Acceptance of passes, etc., forbidden 5413 

Adoption of plan, election procedure 5408 

Annexation to municipal district 5408 

Ballots, nominees to be placed on 5415 

Ballots: 

Form 5403, 5415 

Form, printing, delivery 5415 

Canvass of returns 5403, 5415 

Certificate of Mayor 5404 

Challenge procedure. 5415 

City Manager, appointment 5410 

Commission, composition of 5410 

"Commission -Manager Plan" 5410 

Commission members, qualification of 5413 

Commission, seat vacated when 5448 

Commissioners: 

Assume duties when 5448 

Qualifications and terms of office 5411 

Conduct of election 5403 

County Seat may furnish office quarters, when 5520 

Election: 

Date of 5417 

First officers, proclamation and procedure 5405-5406 

For annexation to municipal district 5408 

Electors, who are 5415 

Expense accounts, filing of 5418 

Franchises, grant of 5496-5500 

Incorporated cities, rights and powers 5409 

Laws and ordinances which apply 5407 

Mayor: 

Head of municipality 5444 

Vacancy, how filled 5444-5445 

Who shall be 5444 

Meetings and records are public 5448 

Meetings of Commissioners when 5448 

Meetings, special, called how 5448 

Nominating petition, form, filing of 5414 

Oath and Bond of Commissioners 5443 

Officers must be nominated at Primary 5414 

Officers, special election for first 5405-540(5 

Ordinance: 

Effective when 5430, 5441 

For bond issue 5442 

Referendum on 5436-5442 

Repeal of existing 5435 

Submitted to Electors, when, procedure 5431-5434 

Ordinances: 

Conflict 5440 

Enactment, procedure 5429-5431 

Penalty, bribery 5427-5428 

Petition to form 5401 

Powers, name, property, indebtedness, of group 

communities coming under Act 5517-5519 

Powers of Commission 5496-5500 

Powers of incorporated cities and towns 5409 



224 INDEX 

Cities and Towns (continued) 

Commissioner-Manager Form of Government (continued) 

Primary Election, date of 5414 

Proclamation for election 5402 

Publication of candidates names 5414 

Quorum of Commissioners 5440 

Recall of Commissioners, procedure 5419-5426 

Resubmission of question, when 5404 

Rotation of names on ballot 5416 

Rules, order of business and Journal 5448 

Salaries of Commissioners 5447 

Vacancies, how filled 5412 

Veto, Mayor may not exercise 5444 

Commission or Commission Manager form: 

Precincts in where there are no wards 5011 

Committeemen constitute City Central Committee, powers, 

term of 062 

Constitutional provisions relating to Art. XVI, page 12 

Contracts and Franchises, limitations upon 5074-5077 

Council, power of in borrowing or issue of bonds 5039.63 

Council may call special meeting for canvass of votes 5012 

Courts, election of municipal judge when 5094.3 

Elections: 

Ballots, duty of City Clerk 687 

City Clerk to notify County when poll books not required 571 

Duties of City Clerks 680 

Held when 5003 

Poll Books, how prepared 508 

Posting of list of electors, exception, expense paid how 567 

Electors vote in resident ward 5011 

Failure of officers to qualify for office 5013 

Fire districts in unincorporated, bonding of 5149-5150 

Form of Government may be provided by legislature 

Art. XVI, Sec. 7, page 13 

Franchise, election, procedure on 5076-5077 

Franchise, limitations upon council of 5074-5077 

General laws, apply in elections of 5011 

Indebtedness of pages 100 to 164 

Art. XIII, Sec. 6, page 11 
Indebtedness of: hours polls open for special elections to incur 

Chap. 2, page 198 
Initiative and Referendum: 

Act does not apply when 5068 

Ballot, form of 5065 

Election returns, count, canvass 5065 

General laws apply 5067 

Ordinances: Ballot, printed how 5065 

Contents of emergency 5060 

Effective when 5000 

Petition: action upon by councli when 5058 

Filing where 5058 

New, submitted under what circumstances 5058 

Per cent, legal voters required to petition 5058 

Proclamation by mayor, publication and posting of 5064 

Proposed how 5058 

Referendum: may be ordered by 5% electors 5061 

Special election held when 5002 

Submitted when 5062 

Special election may be ordered by council when 5063 

Submission to popular vote, when 5058 

Suit to determine whether change made by council 

material, procedure 505S 

Suit to determine whether ordinance constitutional, 

procedure 5058 

Voted at what election 5058 

When effective 5065 

Percentage petitioners required to call special election 5062 

Proclamation by mayor 5064-65 

Qualifications of voters upon 5066 

Registration records 5066 

Judges: Appointment of additional 5011 

To receive ballot and announce name and residence of elector 701 

Mayor: elected when, term 5003 

Eligibility for office of 5004 

May call special meeting of council to canvass votes 5012 

Oath by officers 5013 

Office: declared vacant when 5013 

Term of appointee to fill vacancy 4728 

Who are not eligible to 5007 

Officers and elections: pages 150-154 

Bond, filed when 5013 

Duties and compensation prescribed by 4995-97 

Elected when 4728 



INDEX 225 

Cities and Towns (continued) 

Officers and elections (continued > 

Election of Aldermen, Mayor 5003 

Enter on duty when 5014 

Listed 472G, 4995, 4996, 4997 

Oath by officers 5013 

Take office when 4728 

Terms of begin when 5006 

Vacancies in, how filled 4728 

Organization of: 

Ballots used in 4962 

Census 49(11 

Elections: calling, notice of, where held 4962 

Conducted how 4962 

Of officers 4963-64 

Qualification of Electors 4963 

Under what laws held 4967 

Judges and Clerks of Election 4962, 4964 

Office: qualify for how 4964 

Officers: at time of adoption of codes 4967 

List of to be elected 4964 

Term of 4964 

Petition 4961 

Required number of inhabitants 4961 

Park Commissioners, authority not abrogated by act 5039.61 

Police Judge, election of - 5003 

Precincts, arrangement of where voting machines are used 5011 

Property, jurisdiction over city owned 5039.63 

Property, power of city council to sell or lease 5039.61 

Publication of measures submitted to electors in 538 

Registration of electors: council must provide for 5009 

Transfer of within limits of city 560 

Removal of officer, power of council 5015 

Smoke nuisance, abatement of 5292-94, 5299 

Taxation: 

Levy for additional: 

Conduct of elections and canvass of returns 5198 

Duty of County Clerk 5199.2 

Election upon 5195 

Limitation upon 5195 

Notice of election 5196 

Preparation poll books registered electors, fees for 5199.2 

Registration of electors 5199-.1 

Submission of question 5197-98 

Taxpaying freeholders only may register 5199 

Voting procedure 5198 

Tie Vote, proceedings 5012 

Vacancy in office, how filled 5015 

Voting: Elector to announce name and residence location to 

judges when 700 

"Wards: 

Boundaries of, city council to certify 547 

Division of city into 5001-2 

Division into precincts 5011 

May consist of more than one precinct 545 

Must be one voting place in 5011 

"Water supply systems, acquirement of, how 5039.63 

"Who eligible to vote 5010 

Commission form of government (See "Cities and Towns") 

Commission-Manager Plan of Government (See "Cities and Towns") 

Committeemen (See "Nomination of Candidates by Directo Vote") 

Conducting elections: 688-714 

Congressional Districts, established 48 

Congress: Members: Certificate of election to 828 

Election and vacancies 824 

Nomination of 824 

Vacancy, how filled '... 825 

Representative in, elected when Art. VI, Sec. i, page 9 

Vote for members of canvassed how 827 

Constitutional Amendments: Publication of proposed 537.1 

Submission of 103 

Constitutional Convention: 

Called how, membership, compensation of members and officers, 
oath of members, qualifications, held when, referendum, 

Art. XIX, Sec. 8, page 14 

Constitutional provisions relating to elections pages 5 to 15 

Constitution: Convention to amend Art. XIX, Sec. 8, page 14 



226 INDEX 

Contest of elections (See "Recount of Votes") 

Conventions (See also "Nomination of Candidates") 

Date of holding- 673.1-.S 

Delegates to national, how elected (573.1-.8 

Expense of 673.8 

Corrupt Practices Act: 

Actions to contest elections for violations of 

Advancement on docket 10817 

Bond required, requisites of 10813 

Citation by court to contestee 10813 

Complaint (See petition, below) 
Corporations, proceedings against 

Jurisdiction of actions 10815 

Penalty on conviction of 10815 

Costs and attorney fees, allowed when 10813 

County Attorneys' duty to prosecute 10808 

Defenses to 10803 

Dismissal of 10817 

Evidence in 10817 

Forfeiture of nomination or office 

Acts justifying 10804 

Defenses in actions for 10803 

Disqualification from public office as result of 10S07 

Grounds for 

Enumerated 10810 

Illegal votes 10810 

Allegations required to prove 10812 

List of illegal votes to be furnished opposite 

party, when 10812 

Necessary showing to establish 10811 

Person receiving highest number of votes to be de- 
clared elected 10809 

Ineligibility of candidate 10810 

Serious or material violations of act 10810 

Hearing on 

Continuance or postponement of 10817 

Persons who may be heard 10814 

Joinder of, when permissible * 10814 

Judgment in 

Nature of 10S14 

Vacating office for 10814 

Jurisdiction of 10800 

Jury when called in 10814 

Parties to 10814 

Petition in 

Amendment of, by leave of court 10813 

Contents of 10s 1 3 

Form of 10818 

Notice of to contestee 10S13 

Verification of, required 10818 

Salaries to be withheld pending 451, 452 

Time of commencing 10805 

Trial of 

Precedence over other matters 10813 

Time for 10813 

Witnesses in, privileges of 10817 

Advertising, regulation concerning 10798 

Appointment, offer of, prohibited when 10784 

"Ask" defined , 10775 

Badge or insignia, unlawful practices concerning 10707 

Be.ttlng on results of election constitutes corrupt practice 10794 

Campaigning on election day prohibited 10799 

Campaign expenditures 
Account of 

Certified copies may be issued of 107vj 

lOntry in name of other than actual giver, prohibited 10788 

Failure to file 

Complaint for, concerning 10779 

Prosecution for 101 80 

Court may compel filing sufficient statement 10781 

Jurisdiction in 10781 

Filing of: 

Inspected, by whom 10779 

Required when 10777 

State officers' duties concerning 10779 

Petition to compel filing sufficient statement of 10781 

Preservation of 10782 

Publication of, in officers' report 10782 

Public record, becomes 10782 

Required when 10777 



INDEX 



227 



Corrupt Practices Act: (continued) 

Campaign expenditures (continued) 
Account of (continued) 
Candidate, by 

Statement of expenses 

Failure to file . „. M1 

Certificate of election to be withheld for... .. JXoaJ 

Name of candidate not to be printed on ballot for....l0801 

Penalty for ™'<J> 

Form of lusia 

Contributions to , n7Qft 

Corporations and certain others, by, prohibited }?.-"- 

Holder of elective office, by. prohibited in-v- 

Public officers prohibited from making- JxAqS 

Undisclosed persons, by, prohibited ikr-rc 

Copies of Act, relating to, furnished to whom wnb 

Limitations on 

Candidate by 10774 

Election, in campaign for i, --^ 

Nomination, in campaign for I --a 

Political parties, by -- ------ lu * ' 4 

Persons other than candidates, statement of expenses to be 1A _„ 

filed by - : toTTfl 

Statement of receipts, concerning J J'iJ-J 

Vouchers for, when required n " ' ' 

"Acceptance of consideration to become, unlawful 

Injunctive remedy allowed, when "" 1X0X0 

Penalty for : inrai 

Advertising by, regulations concerning... -v^-fr"* 10784 

Appointment of other persons, promise of, prohibited. 10784 

Betting on results of election constitutes corrupt practice 10794 

Contributions and subscription by. prohibited 1JH»» 

Copies of Act to be furnished to 10775 

Denmnds'an'd'soTicitations fr° m - when Prohibited 10789 

Election not affected by offenses, when lusurf 

Expenditure by, limitations on 10774 

Election, in campaign for {0770 

Nomination, in campaign for -- ivtia 

Illegal motive or inducement to become, remedy for, in «o--> 

penalty for -- - : - v:vvvr"- j^w 

Inducing person to be. by soliciting reward, prohibited 10788 

Promise to appoint other persons, prohibited... "-."-;-. {a-'q- 

Public officers not to be solicited for campaign contributions 1078o 

Statement of expenses 

Failure to file mom 

Certificate of election to be withheld for ... ™ 

Name of candidate not to be printed on ballot, for 1080J 



penalty for ;;:::;;:;:;::::;;;::::io8i9 



r uuii VL - -invio. 

Verification of ia-,!i 

Treating by, prohibited, acts constituting -- ,- : 107»1 

Wagering on results of election constitutes corrupt practice. ..... IOi 94 

Challenging voters 

Grounds for 1ft . oi 

Betting or wagering as In-m 

Treat, accepting of, as - io^qo 

Procedure for. In-u" 

Church officials, influencing voters prohibited ... ";:~" J '!; -2 

Compensating voter for loss occasioned by election prohibited 101J1 

Contest of elections (See actions to contest elections for viola- 
tions of, above) ir>77- 

"Contribute" defined iu<«a 

Contributions 10700 

Corporations and certain others, by, prohibited }«i™ 

Holder of elective office, by, prohibited io-cq 

Undisclosed persons by, prohibited - T^aSS 

Convention credentials, transfer of. prohibited }"i2' 



Copies of Act to be furnished candidates I^qq 

~orporations influencing voters prohibited Ta^qp 

Corrupt practice, defined .... ~- - - lottos 



C 



County Attorney, penalty for refusal or neglect to act Vr^cX 

Defenses to actions brought under the Act... inco- 

Disqualification of persons convicted under 1U]»U< 

District Court to have exclusive jurisdiction for violation of ixlzk 

Election day, campaigning on, prohibited mona 

Election not affected by offenses, when iu»u«i 

Electors (See Voters, below) 

Enumeration of acts constituting violation of in-'--' 

"Expend" defined "ii'i 

"Give" defined .— : "- : inirao 

Illegal influence on voters, acts constituting, punishment for 10<93 



228 INDEX 

Corrupt Practices Act: (continued) 

Letters, circulars and placards, regulations concerning 10800 

Newspapers and periodicals 

Editorials, payments to induce, penalty for 10798 

Regulations concerning paid advertisements 1079S 

Nomination not affected by offenses, when 10803 

Paying for personal services connected with election prohibited 10797 

Personation of voter, unlawful - 10795 

"Persons" defined 10775 

"Political agent" defined 10775 

Political committees 
Books of account 

Inspection of, by other parties to be allowed 10777 

Requirement of 10777 

Defined 10775 

Office holders as members of, prohibited 10786 

Treasurer, duties of, requirement of 10777 

Political insignia, providing of, prohibited 10797 

Political parties' inspection of accounts by opposing party 10777 

"Provide" defined 10775 

"Public Office" defined 10775 

"Receive" defined - 10775 

"Solicit" defined 10775 

Soliciting votes on election day, penalty for 10799 

Treating, prohibited, acts constituting 10791 

Violations of Act 

Actions to contest for (See actions to contest elections for 
violations of, above) 

County Attorney, duties concerning 10808 

Forfeiture of nomination or office for 

Acts justifying 10804 

Criminal liability not affected by 10804 

Defenses in action for 10803 

Penalty for, generally 10816 

Voters 

Coercion or influencing of, prohibited 10793 

Compensating for loss occasioned by election prohibited 10797 

Personation of, unlawful 10795-6 

Promised to, for the purpose of influencing, unlawful 10796 

Soliciting or influencing on election day prohibited 10799 

Transporting to polls, unlawful, when 10797 

Treating of, unlawful 10796 

Undue influencing of, unlawful 10796 

Voting more than once, unlawful 10795 

Wagering on results of election constitutes corrupt practices 10794 

Counties: 

Abandonment of Chap. 105, page 136 

Canvass of returns Sec. 8, page 140 

Certified copies of resolution to what officer Sec. 4, page 138 

Duty of County Clerk with respect to petitions Sec. 2, page 136 

Election procedure Sec. 7, page 140 

Election, when held Sec. 5, page 138 

Entry on minutes of County Commissioners Sec. 3, page 137 

Hearing, fixing date of Sec. 3, page 137 

Hearing, notice of by publication Sec. 3, page 137 

Notice of election Sec. 6, page 139 

Officers terms end, when Sec. 9, page 140 

Petition requirements Sec. 2, page 186 

Sufficiency of determined by Commissioners Sec. 4, page 138 

To attach abandoned portion to other county Sec. 3, page 137 

Withdrawals from prohibited Sec. 3. page 137 

Procedure authorized Sec. 1, page 134 

Proclamation by County Commissioners Sec. 0, page 139 

Proclamation calling special election Sec. 5, page 138 

Proclamation filed where Sec. 6, page 138 

Publication of notice of filing of petition Sec. 3, page 137 

Resolution by Board of County Commissioners, form 

and contents Sec. 4, page 137 

Results of election, proclamation Sec. 8, page 140 

Submission of question Sec. 7, page 139 

Territory joined to what county when any county opposed 

to acceptance of such territory Sec. 9, page 140 

When effective Sec. 9, page 140 

Attorneys: Election of, qualifications, term, salary, paid 

how, duties Art. VIII, Sec. 19, page 9 

Vacancies in office of Art. VIII, Sec. 34, page 10 

Bonds: Action to restrain issue, time in which brought 9040 

Ballots, form of 4(530.11 

< lanvase of returns 4630.14 

Conduct of election 4030.11 

Election judges, number of 4630.10 



INDEX 229 

Counties: (continued) 
Bonds: (continued) 

Forty per cent, must vote 4030.13 

Issued only upon election 4630.7 

Lists of registered electors, prepfiration 4030.12 

Notices of election, contents, posting and publication 4030.10 

Petition, contents and filing of 4030.8 

Duty of County Clerk 4030.8 

For election, requirements 4030.7 

Must state purpose 4030.8 

Placed before Board of County Commissioners 4030.9 

Who may sign 4030.8 

Polls, hours open 4030.10 

Poll books, preparation of 4030.12 

Registration notice, published 4030.12 

Resolution by Board of County Commissioners 4030.14 

Resolution by County Commissioners 4030.9 

Who may vote 4030.12 

Borrowing: 

Ballots, special must be used 4722 

Issuance of bonds 4721 

Money: Amount determined by County Commissioners 4718 

Election procedure 4719 

Limitation upon 4717 

Voting procedure 4722 

Voting upon 4720 

Commissioner Districts: Change of boundaries of 

Art. XVI, Sec. 4, page 12 

Established Art. XVI, Sec. 4, page 12 

Commissioners: Deputy registrars, appointment of 557 

Duties and powers relating to elections 4405.2, 4515-10 

Elected how Art. XVI, Sec. 4, page 13 

Election and term of Art. XVI, Sec. 4. page 12, 4729 

May call special election to raise money 532 

Provide help and supplies to Clerk 580 

Recall of, procedure 4954.23 

Shall establish election precincts 545 

Term of office of appointee when Commissioner removed 4554.23 

Vacancies, how filled Art. XVI, Sec. 4, page 13 

Government, form of may be provided by 

Legislature Art. XVI, Sec. 7, page 13 

Referendum upon Art. XVI, Sec. 7, page 13 

Indebtedness: Hours polls to be open at special elections 

to incur Chap. 2, page 198 

Limit of - - Art. XIII, Sec. 5, page 11 

Manager form of government, adopted how Sec. 4954. 1-. 2 

New: 

Board of County Commissioners to be elected, when 4390.2 

Commissioners' organization meeting 
County Clerk 

Appointment, when not named in Act creating county. ...4378 

Attendance at meeting required 4378 

County seat, temporary designation of 4378 

Time and place for holding 4378 

Congressional district, to which attached 48 

Creation of 

Apportionment of liabilities and assets 4390 

Area 

Maximum reduction of acreage of original counties 4390 

Minimum of new county.... 4390 

Assessed valuation 

Definition as used in Act 4391 

Maximum reduction of original counties 4390, 4393 

Minimum of new county 4390, 4393 

Assets, apportionment of 4390 

Boundary not to pass within fifteen miles of original 

county seat 4390 

Petition for waiving provisions for 4390 

Requirement for 4390 

Election concerning 

Ballot 4394 

Board of County Commissioners to be elected at 4390.2 

Candidates for office of new county, nomination of 4394 

Costs of, to be prorated 4398 

County seats, provision concerning 4394 

Electors, qualification and registration of 4394 

General election laws applicable to 4394 

Officers to be elected at 4390 

Prorating cost of 4398 

Returns and canvass 4394 

State Senator to be elected at 4390.1 

Temporary county seat designated, how 4394 



230 DfDESX 

Counties: (continued) 
New: (continued) 

Creation of (continued) 

Exclusion of territory from proposed new county. 

petition for 4:;:i3 

Hearing 

Matters to be determined at 4393 

Notice of. form and publication of 4393 

Inclusion of territory in proposed new county, petition for.. ..4393 
Lapse of two years necessary before renewal of proceed- 
ings for 4395 

Liabilities, apportionment of 4:-!'.to 

Notices concerning, may be published by posting, when 4404 

Percentage of votes necessary for 4.".'.'.". 

Petition for 

Affidavits to accompany, substance of 4393 

Contents of 4393 

Filing with County Commissioners 4392 

Signatures required upon 4393 

Withdrawal of signatures from, when made 4393 

Publication by posting when no newspaper in territory 4404 

Resolution of Commissioners for 

Effective date of 4395 

Filing with Secretary of State 4395 

Time for making 4395 

Credits, apportioning of 44V.» 

Delinquent taxes, collection by new county, when 4.".'.'^ 

Indebtedness 

Adjustment between old and new counties 1391 

Commission to adjust 

Appointment and powers of 43H7 

Compensation and expenses of.. 4399 

Determination of 430s 

Liable to pay proportion of Art. XVI, Sec. 3 

Judicial District, Governor to designate 4396 

Liable to pay proportion of indebtedness of counties 

from which formed Art. XVI, Sec. 3 

Officers 

Certificate of election issued to, when 4395 

Election of, provision for 4390 

General laws applicable to 43S8 

Nomination of 4394 

Original county officers residing in territory may 

become 4396 

Place to be provided for 4395 

Qualification and oath 439G 

Time for assuming duties 4:\\C< 

Violation of provisions of Act, penalty for 440t; 

Renewal of proceedings within two years not authorized 4395 

Representative, entitled to one 4*',, 440."S 

Representative District, attached to which 47 

Senator, entitled to one 43, 4405, Art. VI. Sec. 4, page 8 

State Senator to be selected, when 4396.1 

Taxes 

Delinquent, settlement of 4398 

To what Congressional District attached 48 

Valuation of property to be ascertained, how 4398 

Office, consolidation of Art. XVI Sec. 5, page 13, Sec. 4728 

Eligibility to hold 4723, Art. XVI, Sees. 4-6, pages 12-13 

Term of appointee to fill vavancy in 4728 

Vacancies in, how filled 47 - JS, Art. XVI, See. ."">. page 13 

Officers: 

Additional may be provided by Legislature. ...Art. XVI. Set'. <>. page 13 

Elected when 4728 

Listerl 4725 

List of to be elected, terms of Art. XVI. Sec. 4. page 13 

List to be elected, qualifications 4728 

Take office when 4 , 28 

Vacancies, filled how 4728 

Publication of measures submitted 538 

Raising money, subject of election when 4717 

Seat: 

Location of 

Election to determine permanent location 

Ballots, form of 4385 

Ballots, provisions applicable to 1379 

Canvass of returns of 43S<; 

General election laws to govern 4382 

Manner of vol in ^ at 4386 

Qualification of electors 4382 



INDEX 231 

Counties: (continued) 
Seat : (continued I 

Location of (continued) 

Election to determine permanent location (continued) 

Re-election in case no place receives majority of votes 

Authorization for 4387 

Ballot, form of 4387 

Temporary county seat, place receiving- most 

votes to become 4387 

Registration of electors ..4382 

Result of election to be recorded in Commissioners' 

minutes 4386 

Special election 

Applicability of provisions concerning 4:',^:> 

Authorization and procedure for ..4389 

Consideration of petition requesting 4380 

Election supplies to be furnished by Clerk 4383 

• General election laws to govern 43S4 

Judges to be appointed by Commissioners, when 4383 

Proclamation, contents and publication of 43SO 

Registration and polling precincts, designation of— .4381 

Taxpayers may petition for 4379 

Time for holding 4380 

Time for holding 4379 

Removal of Art. XVI, Sec. 2, page 12 

Date change effective when 4374 

Election, limitations 4374 

Notice of election 4371 

Petition 4369 

Publication of results 4373, 4375 

Voting 4372 

Who may vote 4370 

Temporary designation of county seat by Commissioners, how 4379 

Transfer of records to designated place 43S6 

Surveyor, to make map of precincts — 548 

Courts: (See "Supreme Court," "District Courts") 

Declaration of Rights Art. Ill, page 5 

Delegates to National Conventions 673.1-673.8 

Direct Primary: (See "Nomination of Candidates by Direct Vote") 
District Courts: 

Clerk of Art. VIII, Sec. IS, page 9 

Judges of, election, term, number of Art. VIII, Sec. 12, page 9 

Vacancy Art. VIII, Sec. 34, page 10 

Electioneering: 

On election day prohibited 693 

Election certificates: 

Issuance of 673.5, 673.7, 797. 805. 4395, 7183 

Not withheld by reason of defect or informality... 806 

Elections: 

Board of County Commissioners, may call special 532 

Frauds and offences (See also "Corrupt Practices Act") 

Aiding or abbetting in 10756 

Alterations in ballots or returns 10752 

Appointment, promise of 10762-10763 

Ballot, fraudulent use of 10749-10758 

Ballots, deposit without official stamp 10759 

Ballots, inspecting or marking by Judges or Clerks 10753 

Betting on Elections 10767 

Bribery, Legislative Caucuses 10764 

Bribery, what constitutes, penalty 10769 

Duty, refusal to perform by officer, felony 10747 

Electioneering on Election Day 10759 

Election voided when 10772 

Electors, intimidating 10757 

Employers, unlawful acts of 10770 

Fines, disposition of collected 10771 

Furnishing money for electors 10761 

Nomination certificates, altering or destroying 1075S 

Offences on Election Day 10760 

Penalties 10747, 1076S 

Procuring of registration or voting 10751 

Public meetings, attempt to prevent 10765 

Public meetings, disturbing 10766 

Registration, fraudulent, penalty 10748 

Returns: 

Alteration of 10755 

Forging or counterfeiting 10754 

Manipulating 10749 

Threats to Electors 10757 

Voting, fraudulent 10749 

Voting or Registering 10750 



232 INDEX 

Elections: (continued) 

Free and open Art. Ill, Sec. 5, page 5 

Laws, publication and distribution of 807 

Place of (See "Precincts") 550 

Precincts 545-552 

Proclamations : Governor's, contents of 533-534 

Relating to school matters (See "Schools") 931-949 

Returns: 

Canvass of 790-80S 

Abstracts for Member House of Representatives 798, 799, 800 

Abstract made and transmitted to Secretary of State 801 

Ballots in excess of names on poll lists, procedure 776 

Ballots, rejected, endorsed how 780 

Ballots, stringing and sealing of when counted 779 

Ballots, what to be counted 7i7 

Continued without adjournment 774 

Counting votes cast 778 

County Board 790-1 

County: Certain irregularities do not cause rejection 

of vote cast 793 

Certification by Board when no voting at precinct 792 

Entry of result of 794 

Messenger for delayed returns, compensation 792 

Must be public 793 

Postponed when 792 

Procedure when two elected same office 796 

Recount when 790 

Filing of poll books, lists 789 

Must be public 774 

Poll books signed and certified 782 

Power of County Commissioners 4465.2 

Procedure 77. "i 

Retention of returns for action County Canvassing Board 788 

Returns by precinct judges, procedure 782 

State: Board of Canvassers, who constitute 803 

Messenger for election returns, when, expenses of S04 

When made and where, transmittal of 803 

Time and place of 790 

Certificates of election 805 

Custody of 784 

Delivery to County Clerk 785 

Destruction of by County Clerk, when 7S6-787 

Duty of Judges 009 

Election certificates, county 797 

Filing of with County Clerk 786 

Forms for total returns 009 

Highest vote, elects 795 

Mailing of 610 

Open to public inspection, how long 7S2 

Posting at polling place 610 

Retained how long by County Clerk 786 

Retention during contest — 787 

Results of 790-808 

Return envelope supplied by County Clerk, description of 608 

Shall be by ballot 539 

Special, hours polls open for Chap. 2, page 19s 

Supplies: 598-611 

County Commissioners to provide 4515 

Furnished at county expense 602 

Time of holding 531, 532 

Elective franchise: Legislation to prevent abuse of Art. IX, Sec. 9, page 11 

Electors: Exemption from military duty 542 

Freedom from arrest, except 541 

Qualifications and privileges of 539-544 

Executive Department: Officers constituting, term, 

duties Art. VII, Sec. 1, page 9 

Failure of Elections 809-812 

Fees charged for filing nominating petitions 640 

Frauds and Offenses: (See "Elections," "Frauds and Offenses") 

Fire Districts: Bonding in cities and towns 5149-5150 

Freeholders: Affidavit of 570, 578 

Free Public Libraries 5049-5051 

General Elections, when held 531 

Idiot or Insane: 

May not vote 543 

Indebtedness, public, limitation upon Art. XIII, Sec. 5. page 11 



INDEX 233 

Initiative and Referendum: 

Basis on which filed Art. V, Sec. 1, page 6 

Ballot: Form prescribed by Attorney General 104 

Place upon 103 

Sample of 104 

Canvass of votes 100 

Certification for ballot 103 

Certification to Governor 102 

Constitutional Provisions relating to Art. V, page 5 

County Clerk certificates, evidence 101 

Duty of 101 

Distribution of pamphlets 105 

Elections on when held Art. V, Sec. 1, page 5 

False signatures 107 

Forms of, not mandatory 101 

General election procedure applies Art. V, Sec. 1, page 6 

In Cities and Towns (See "Cities and Towns") 5058-5068 

Initiative: Designated how 103 

Enacting clause Art. V, Sec. 1, page 

Filed when and where Art. V, Sec. 1, page 5 

Number of petitioners required Art. V, Sec. 1, page 5 

Petition, form of 100 

May be filed in sections 100 

Text of law must be attached Art. V, Sec. 1, page 5 

Signatures attached to full text of 100 

Laws, people may propose or reject, exceptions Art. V, Sec. 1, page 5 

Notary's form in 101 

Numbering of measures 103 

Penalty for false signing 107 

Petitions, form of certification by County Clerk 101 

Printing and distribution of 105 

Proclamations 102, 106 

Referendum by legislature, effective when 108 

Filed when and with whom Art. V, Sec. 1, page 5 

Number of petitioners required Art. V, Sec. 1, page 5 

Petition, form of 09 

Petitions may be filed in Sections 100 

To render legislative act inoperative Art. V. Sec. 1, pages 5, 6 

Secretary of State, what signatures counted 101 

Titles, how determined and certified 103 

Veto power of Governor not to extend to Art. V, Sec. 1, page 5 

Voting, manner of 104 

"Who may petition 107 

Instructions card, contents, printing and posting 607 

Judges and Clerks of Election 5S7-597 

Ballots, duties to receive and announce name of voter 701 

Clerks: Elected how. number of 593 

Term of office..... 593 

Compensation 591 

Disabled voter, aiding 699 

Designation of two to dispense ballots 695 

Electioneering on election day prohibited 693 

Judges: Appointment by electors when 592 

Appointment, duties 587 

Duties in challenging elector.... 573 

Limitation on political appointments 590 

New precincts 589 

Notice of appointment 592 

Not to permit vote of elector when.. 578 

Number of appointed 588 

Posting election instruction card 607 

Term of office 593 

May administer oaths 597 

Marking precinct register 576 

Oath of office 596 

Penalty for failure to act 611 

Place of election, must designate, when 551 

Poll list, keeping of 705 

Posting of notices 595 

Power to appoint 4465.2 

Precinct notices, form of 594 

Vacancies, how filled 593 

Judges: District and Justices of the Peace: Election and term of are 

fixed by Code of Civil Procedure 473 

Judicial Departments Art. VIII, Sec. 6-8, page 8 



234 INDEX 

Judicial Districts Art. VIII, Sec. 12, page 9 

Enumerated Art. VIII. Sec 13, page 9 

Sec B812 

Judges of. vacancy in office filled how, term 8820 

Number of judges in 8813 

See also ("Supreme Court") 

Judiciary: 

Arrangement and certification of names for ballot .812.5 

Ballots, arrangement of names upon, number furnished 812. i; 

Ballots at general election, designation of, how printed, form of 681 

Ballots, separate to be furnished electors 812.7 

Ballots, stubs, disposition after canvass 812.8 

Candidates to be nominate! at general primary . 812.2 

Canvass of returns 812.8 

Different terms of office, as separate office M2.7 

Fee for petition S12.3 

Governor's certification to fill vacancy M2.ll 

Judicial Primary Ballot, numbering and voting M2.7 

Nominees, who are 812:9 

Non-partisan nomination and election of 812.1-812.15 

Party name, use of prohibited 812.3 

Petition for nomination: 

Contents, form, filing fee, filing 812.3 

Party name, use of. prohibited in M2.M 

Slogan, not permitted S12.3 

Political party may not endorse candidate, penalty 812.13 

Primary and general election laws applicable 812.2-812.15 

Register entries 812.4 

Slogan prohibited 8] 2.3 

Stickers may be used in 812.11 

Tie vote procedure 812.10 

Vacancies, how filled 812.11 

Voting machines, procedure 812.14 

What Judges covered by act 812.1 

What names to be printed on general election ballot 8iu.ii 

Justices of the Peace: 

Election of, term, jurisdiction Art. VIII, Sec. 20, page 10 

Number of 8833 

Term of Office 8837 

Vacancies Art. VIII, Sec. 34, page 10 

Vacancy, how filled 8S38 

Laws: Local or special, prohibited Art. V, Sec. 20, page 6 

Laws: (See "Initiative and Referendum") 

Legislative Assembly: 

Acts of, referendum upon Art. V, Sec. 1, page 5 

Membership of Art. V, Sec. 4, page (5 

Vacancies, how filled Art. V, Sec. 45, page 7 

Legislative Department Art. V, Sec. 1, page 5 

Legislature: Apportionment of House Sees. 44-47 

Liquors: 

Beer: Election to determine sale of 

Ballots 2815.55 

Contesting 2815.59 

How held 2815.50 

How ordered 2M5.53 

Limit on 2815.59 

Xotice of 2815.54 

When vote unfavorable 2815.57 

Intoxicating: 

Local option 2815. 96-2S15. 103 

Ballots 2815.98 

• '"litest 5815.103 

Election, when held 2815.96 

Limit on elections 2815.101 

Not Ice of elecl ions 2815.97 

Petition 2815.90 

Polling Places 2815.99 

Vol i ng 8215.98 

When election unsucci ssful .2815.100 

Libraries: 

I'ree. establishment of. procedure 5049-5051 

Military duty: On election day Art. IX, Sec. 5. page 10, Sec. 542 



INDEX 235 

Naturalization papers: 

Affidavit for lost 554 

Nomination of candidates: 

By Convention or Primary Meeting or by Electors 612-030 

By electors pel itiun 615 

Certification of names by Secretary of State, when 619 

Certificate, filed where, and when 618 

Certificates of nomination — certified how, contents 613 

Filed where 614 

Not to contain name of more than one candidate 616 

To be preserved one year fill 

Challenges 627 

Convention or Primary Meeting Defined 012 

Declaration of nomination 020 

Errors, corrected how 022 

Filing fee for certificates 01K.1 

Fraudulent voting and counting 628 

Judges 625 

Nominations of more than one individual for same 

office prohibited : 616 

Oath 627 

Penalty 627, 630 

Qualification of voter 023 

Unlawful interference 629 

Vacancies may be filled by further certificates 621 

Who may vote 624 

By direct vote: 
Ballot boxes 

Opened only under order of court or when needed 63S 

Seals on. not to be broken, except when 638 

Ballots 

Blank, disposal of 651 

Counting of, method 630 

County Clerk to have printed 04'.i 

Form of 651 

Manner of voting 051 

Names of candidates 

Arrangement of 651 

Rotation of 651 

Written in, how counted 651 

Number furnished each precinct t;r,L' 

Party tickets, arrangement of 651 

Public record 646 

Sample ballots 

Cost of 652 

County Clerk's order required for printing of 652 

Political parties may order from County Clerk 652 

Preparation of 652 

Specifications of 652 

Size to be uniform 651 

Tally sheets, form of 637 

Bribery of voters, penalty 007 

Candidates 

Certification of 

County Clerk's duties concerning 049 

Secretary of State to County Clerk 648 

Names, arrangement of, by County Clerk 649 

Platform for state to be formulated by, 

with committeemen <;0i; 

Register of 045 

Violation of election laws, penalty for 665 

Removal of office, when 665 

Canvassing 

Returns by counties 

County Clerk's duties concerning r,."4 

County Commissioners to serve when 654 

Justices of the Peace to assist 654 

Secretary of State to receive abstract of votes 654 

Time for <;~.4 

Returns by State 

County Clerk, duties concerning 655 

Governor and State Treasurer to be present 655 

Offices for which canvass made 655 

Secretary of State 

Duties concerning 655 

Sending for belated returns of county 657 

Telegraphic 

Returns may be made 657 

Time for 655 

Votes 637 

Certificate of nomination, governor to issue 655 



236 INDEX 

Nomination of candidates: (continued) 
By direct vote: (continued) 

Certification of candidates to County Clerks 

County Clerk's duty thereafter 649 

Secretary of State has duty of 648 

Telegraphic transmission allowed, when 648 

Time for 648 

Challenge of elector, administration of oath 584 

Clerk's compensation 

County Clerk to certify as to amount of 654 

Payment out of county treasury on order of 

County Commissioners 654 

Committemen: 

Ballots, name placed on. how 662 

Calling of Central Committee meeting, procedure 662 

Constitute County Central Committee 662 

Elected shall be party precinct representatives 662 

Elect two county members of State Committee 662 

Man and woman to be 662 

National Committeeman and Committeewoman, selection of 663 

National: Duty of State Central Committeeman 663 

Selection of, representation, term 663 

Nomination, how made 662 

Number elected by each party 662 

Organization and powers of committees 662 

Power to nominate for vacancies in city or county only 662 

Proxies, recognized only when 662 

Qualifications specified 662 

Rules and regulations by 662 

State Central Committee, qualification of members 662 

Term of office 662 

Vacancies, how filled 662 

Construction of laws concerning 631 

Contest of nominations (See also "Recount of votes"): 
Corrupt Practices Act 

Hearing upon 660 

Notice of 

Service of 660 

Time for giving 659 

To whom given 659 

Trial and decision 661 

Designation of ticket in case of nomination by more than 

one party 651 

Destruction of election records, when 646 

Elections for 

Matters to be submitted at - 632 

Notice of 

Form for 633 

Posting, time for 633 

Time for holding 632 

Emergency clause of law 635 

Error in ballot or counting 

Jurisdiction of District Court 656 

Mandamus may be had to correct 656 

Exclusive method of political party nominations 639 

Failure of nomination deprives person of party desig- 
nation on ballot 651 

Forgery of nomination papers, penalty 669 

General laws applicable 670 

Highest number of votes nominates 654 

Independent candidate, primary law not to prevent person 

from running as 651 

Judges' compensation 

County Clerk to certify as to amount of 654 

Payment out of county treasury on order of 

County Commissioners <i.~>4 

Judges to l>e furnished with copy of official register and check list 650 

Municipal corporations 

Election not held in. when 634 

How affected by laws concerning 634 

Nominees, register of 645 

Official misconduct, penalty for 658 

Operation and effect of laws concerning 631 

Penal laws applicable 668 

Petitions for nomination 
Filing of 

Fees for 640 

Time for, officers enumerated 644 

Where, offices enumerated 640 

Forgery of, penalty for 669 

Form of - 641 

Suppression of, penalty for 6<»» 



IM)i:\ 237 

Nomination of candidates: (continued) 
By direct vote: (continued) 

Platform of party for state to be formulated by candidates 

and committeemen 666 

Political parties 

Method of nominating- exclusive 639 

Nominations other than by direct vote, when allowed 639 

Pol! books 

Public record 646 

Return to County Clerk, procedure for 638 

Proclamation of nomination to be made by Governor 655 

Public records of election 

Destruction of 646 

Registers of candidates and nominations to be 640 

Time to be preserved 646 

Writings, poll books, tally sheets, etc., to be 640 

Register of nominations 

Entry of names in, after canvass of returns 654 

Public Record 64G 

Requirement for keeping 645 

Supplies furnished by county 650 

Suppression of nomination papers, penalty for 660 

Tally sheets 

Certificate attached to 637 

Form of 637 

Posting of, when properly filled out 637 

Procedure for use of 637 

Public record 646 

Return to County Clerk, procedure for 638 

Tie vote, procedure in case of 

County office 654 

State office 655 

Vacancies, how filled 647 

Voting, manner of 651 

"Written in" candidates, declaration of acceptance 

Pee to accompany 640 

Time for filing 640 

Office. Public: 

Candidate for must resign, when Chap. 116, page 21 

Highest vote elects to Art. IX, Sec. 13, page 11 

Holder must be U. S. citizen Art. IX, Sec. 7, page 10 

Eligibility to hold Art. IX, Sec. 11, page 11, 4724 

Qualifications to hold Art. IX, page 10 

Vacancies in, how filled Art. VIII. Sec. 34, page 10; Chap. 116, page 22 

Officers: Election returns on, contest Art. VII, Sec. 2, page 

Executive, eligibility of Art. VII, Sec. 3, page 9 

How elected Art. VII, Sec. 2, page 9 

Term, duties Art. VII, Sec. 1, page 9 

Public: Must be U. S. citizen and resident of State.... Art. IX, Sec. 7, page 10 

Must resign office, when Chap. 116, page 21-22 

Residence, restrictions and disqualifications of 410 

Penalties Sec. 808, 10747 to 10820 

Petitions for Nominations: (See "Nomination of candidates. The 
Direct Primary") 

Place of Elections: (See Precincts) 550-551 

Poll Books: 

County Clerk must forward to judges 599 

Delivery to County Clerk by judges 576 

Form of 600 

Furnished by County Commissioners 598 

Not rejected for want of form 601 

Poll lists: 

Entry upon of name of person when voting 695 

Polls: 688-714 

Booths 602 

Expense of is public charge 694 

Guard rail: 692 

Who only permitted within 693 

Hours opened for certain special election Chap. 2, page 198 

No electioneering on election day at 693 

Obstructing ,; '-»-'-! 

Removal of ballots before closing prohibited at 693 

Proclamation upon opening and closing of 690-691 

Protected space specified 693 

Time of opening and closing 689 



23S INDEX 

Precinct committeemen: Selection of 673.2 

Precincts: Abolishing, power of County Commissioners 4465.2 

Board to designate place for holding election 550 

Boundaries 545 

Certification of chans*' i" 546 

Change of 546 

No change of during election year 546 

County Commissioners must establish 545 

Establishment of 545 

Power of County Commissioners 4465.2 

Indian Agency may not have voting 552 

Map of, County Surveyor to make 548 

Numbering of 546 

Register: Delivery to County Clerk by judges 576 

Clerk to furnish, fee 572 

Elector to sign 576 

Voter's name must appear in 578 

Presidential Electors. 

Ballot, form 68] 

Conventions: 

County: Called by whom, publication 673.3 

Certificates of election 673.5 

Delegates, election of 673.5 

Organization of 673.5 

Proxies 673.4 

Vacancies, how filled 673.4 

When held 673.3 

Who presides at 673.4 

Who qualified to sit in 673.4 

Expense of. paid by whom 673.8 

Mileage allowed, payable by county - 673. S 

State: 

Call and publication 673.7 

Certificate of election 673.7 

Conducted how 673.7 

Date, when held and where 673.6 

Proxies 673.7 

Vacancies filled how 673.7 

Who may sit in 673.7 

Who presides at 673.7 

Nominated how 673.2 

Political party, denned 673.1 

Primary. The Direct: (See "Nomination of Candidates") 631-670 

Proclamations, election 533-536 

Publication and posting by County Commissioners 53.". 

Publications of measures submitted to popular vote 537.1-53S 

Public officers: (See "Officers") 

Qualification and privileges of electors 530-544 

Recount of votes 

Calling in other judge, provision for si's.:; 

Canvassing Board to make, when 828.1 

Certificates of election 

Effect of recount on, when incorrect count found 828.6 

Issued to conform to recount 828.4 

Correction of returns S28.4 

Costs of 

Applicant required to pay 828.4 

Court to estimate and require deposit of 828. 1 

Incorrectness of count presumed, when 828.2 

Limited to offices and precincts specified in order 828.5 

Manner of conducting ..828.4 

Officers of election, payment of 

Incorrectness found, not made iii case of 828.7 

Withheld until after recount 828.7 

Order of District Court requiring 
Application for 

Contents and requirements of 828.1 

Hearing on 

Failure to hold in prescribed time, Court not 

divested of jurisdiction by S28.3 

Time for holding 828.1 

Several applicants, procedure in case of 828.4 

Successful candidate to be served with copy of 828.4 

Time for making 82N.1 

Unsuccessful candidate may make 828.1 



INDEX 239 

Recount of votes: (continued) 

Order of District Court requiring' (continued) 

Determination of Court concerning 828.1 

Limitation of recount to officers and precincts specified In 828.5 

Precincts in which ordered, Court to determine 828.4 

Probable cause, election officers' failure to comply with counting 

requirements as 828.2 

Several applicants, procedure in case of 828.4 

Referendum: See "Initiative and Referendum" 

Registration of electors: 553-586 

Absent voters, cancellation of 562 

Affidavit of voter 554 

Applicant not qualified at time of registration, procedure 559 

Authority of Deputy County Clerk 580 

Card, form of 554 

Card index: Custody of, size of cards, stock 554 

Cards: Classification and arrangement of 558 

Numbering of 558 

Transcribed, handling of 558 

Cancellation 1936 list Sec. 2, page 30 

Cancellation of cards, when 570 

Notice to elector 570 

Of registration of previous registrant 561 

Certificate of Clerk showing number voters registered 560 

Challenge notice when applicant not citizen 559 

Of elector, administration of oath 584 

Procedure 573 

Close of registration 566 

Compelling entry of registrant in 577 

County Clerk is registrar 553 

Deputy Registrars, appointment, qualifications, jurisdiction, 

fees, duties 557 

Distant registrant, how registered 556 

During period closed for election 569 

Election, defined 582 

Elector defined 58 1 

Electors, posting of list before election 567 

False impersonation, penalty 555 

Fee for registration charged when 556 

Fees chargeable by County Clerk 571 

Hours of 55s 

Infirm, how registered - 556 

Justices of the Peace are deputy registrars, jurisdiction 557 

Legislation to security purity of Art. IX, Sec, 9, page 11 

List of registered electors, contents of 567 

Expense of publication and posting 567 

List of voters, supply for public use 567 

Naturalization, affidavit of lost papers — 554 

Naturalized citizen, rules in 575 

Notaries public are deputy registrars, jurisdiction 557 

Notice of close of registration; publication, posting in precincts 566 

Omission of registrant 579 

Penalty for acts constituting violations of law... .585, 6, Chap. 172, page 30 

Penalty, neglect of duty 583 

Poll books 56s 

Precinct registers, clerk to furnish, fee 572 

Voters name must appear in 578 

Previous registration, procedure and check upon 561 

Register, arrangement and contents of 554 

Entry of cards in 558 

Form prescribed by Secretary of State 554 

Is official record 553 

Removal of non voters from 562 

Residence, rules for determining 574 

Supplies and help to be furnished by Board of County Commissioners 586 

Transfer of Electors, registration in county 560 

Voter to sign precinct register 570 

Who may register and how 555 

Representative Districts: Art. V, Sec. 4. page 

Change of Art. VI, Sec. 3, page 8 

Representative, State: 

Qualifications of Art. V, Sec. 2, page 6 

Term of Art. V, Sec. 1, page 6 

Residence: 

Not lost when Art. IX, Sec. 3, page li> 

Rules for determining 574 

Residents: 

Soldiers, marines when stationed in State 

are not Art. IX, Sec. 6, page 10 

Returns: (See "Election Returns") 



240 INDEX 

Schools: 

Bonds of Districts 1224.8-1224.15, 1252-1253 

Ballots, form of 1224.11 

Canvass of returns 1224.13 

Conduct of election 1224.13 

Consideration of petition by trustees 1224.10 

Election, fixing date of 1224.10 

Judges of election, appointment of 1224.10 

List of electors, posting in first class districts 1224.12 

Notice of election form and contents, posting- 1224.10 

Publication in first class districts 1224.10 

Notification to County Clerk election date 1224.12 

Per cent, of voters required 1224.14 

Petition asking election 1224.8 

Circulation of, affidavit 1224.9 

Contents of 1224.9 

Duty of County Clerk 1224.9 

Poll books 1224.12 

Fee to County Clerk for furnishing 1224.12 

Qualification of electors 1224.8 

Registration of electors 1224.12 

Resolution by trustees 1224.10 

Trustees are judges of sufficiency of petition 1224.10 

Who may vote 1224.12, 1253 

Budget system or district, additional levy, election procedure 1019.7 

Building and furnishing fund, election on transfer of 1210 

Buildings, sites, election necessary when 1015 

Consolidation of districts, election procedure 1034 

County High: 

Abolishment of: 1262.19-1262.25 

Board of County Commissioners duty 1262.21 

Canvass of returns 1262.23 

Petition 1262.20 

Publication 1262.22 

Submission of question 1262. 23-. 25 

Voting 1262.23 

County Superintendent of: 

Eligibility of Art. IX, Sec. 10, page 19, 950.1 

Qualifications 950, 951 

When elected 951 

District: 

Bonds: Action to restrain issue must be brought when 9040 

Election called only on petition 1252 

Resolution and contents by Board when election 

successful 1224.15 

Sale of, notice and procedure Sec. 1224.16 

Cleric to notify county when no poll books required 571 

Indebtedness, limit of Art. XIII, Sec. 6, page 11 

Office, eligibilty to hold Art. IX, Sec. 10, page 10 

Officers, elected at separate elections Art. XI, Sec. 10, page 11 

Rural: 

Annual meeting, when held, and for what purpose 1047 

Appeal by patrons 1044 

Board of Trustees, ex-officio members 1042 

Bond issue to pay warrant indebtedness 1046 

Boundaries 1041 

Closing of schools, when 1044 

Corporate Body 1044 

County Commissioners, duty 1041 

County Unit System, creation of 1042 

Created how 1041 

Dissolution, classification after 1048 

Dissolution, procedure 104S 

Elections, how conducted 1043 

Forfeiture of office 1047 

Funds, general or special, to reduce levies 1045 

Posting of notice for hearing 1041 

Property distribution 1048 

Redisricting of districts at passage of Act 1042 

Salary Schedule 1044 

Second class: 

How created, property of 1046 

Indebtedness, apportionment 1046 

Tax levy, to pay interest on debt 1040 

Sinking Funds 1045 

Tax levies 1044 

Tax, apportionment of 1044 

Third Class, indebtedness 1045 

Traveling expenses of trustees 1047 



INDEX 241 

Schools: (continued) 

District: (continued) 
Rural: (continued) 
Trustees: 

Appointment, term, election, etc 1042 

Are electors of; term and election 1043 

Duties — Budget, tax levy 1044 

How nominated and elected 1043 

Oath 1044 

Qualification 1043 

Warrants, countersigned by, form 1044 

Voters name need not be on register when 578 

Elections: Posting list of registered electors, exception, 

expense paid how 567 

High: Bond issues for procedure 1262.12-1262.15 

Bonds, duty County Commissioners in submission of 

question 1262.13 

Indebtedness: Hours polls to be open at special elections 

to incur Chap. 2, page 198 

Joint Districts, dissolution procedure 1037.1 

Junior Colleges: 

Approval by Supt. Public Instruction Chap. 158, Sec. 3, page 118 

Definition of terms Chap. 158, Sec. 1, page 118 

Election procedure Chap. 158, Sec. 4, page 118 

Method of Establishment 

Chap. 158, Sec. 2, page 118; Chap. 158, Sec. 5, page 119 

Junior High: 

Application to Supt. Public Instruction 1262.46 

Bonds of 1262.48, 1262.51 

Establishment of 1262.45-1262.52 

Qualification of electors 1262.49 

Reorganization without election 1262.52 

Submission of question 1262.47 

Levy for maintenance, additional procedure 1019.7 

Levy in excess ten mill levy, election procedure 1219-1223 

New Districts, election procedure 1034 

Sites, selection and constru jtion 1173 

Supt. of Public Instruction: 

Qualifications of 931 

Term of office 931 

Taxation, extra for: 1219-1223 

Ballots, form of 1222 

Canvass of returns 1222 

Challenge procedure 1223 

Notice of election, posting or publication 1220 

Submission of question 1221 

Voting 1222 

Trustees of: 

Appointees, term of office 998 

Ballots, first class districts, form 995 

Ballot, form and voting without reference to general 

election laws 989 

Ballot, voting must be by 9S9 

Challenge procedure, penalty 1003 

Canvassing boards duties 990 

Canvass of vote 996 

Certificate by judges and clerks of election 996 

Certificate of nomination filed with whom 990 

Clerk's duties tally and poll lists 996 

Clerks of election, appointment of 994 

Clerk vacancy, filled how 1000 

Duty clerk of school district 989 

Elections 2d, 3d class under supervision Board of 989 

Eligibility to hold office 985 

Election certificate 996 

Election expenses paid how 1004 

Election judge not present, procedure 989 

Election held when 987 

First class district must nominate by public meeting 990 

Judges and clerks of election, appointed by, whom, notification.... 989 

Judges of election, appointment of 994 

Limitation on powers 1015 

May call special bond district election 1014 

Nominating certificates filed by whom 988 

Nomination void when 990 

Notice of election in first class districts 992 

Notice of election, publication of when 992 

Number elected in third class district 9S7 

Number of by classes 986 

Oath, administration of by 996 

Oath, taking and filing of, penalty 997 

Polling places, established by 991 



242 INDEX 

Schools: (continued) 

Trustees of: (continued) 

Poll list 996 

Polls, open and close when y*y 

Polls open in first class districts 993 

Posting of candidates in 2d, 3d, class districts 988 

Posting- of election notices -X?? 

Power to select sites for schools 1014 

Powers and duties of JaJo 

Qualifications of electors 1002 

Rearrangement of terms when nni 

Removal from office, how 999 

Suspension of 999 

Take office on election - 997 

Tally list 996 

Term of office •••••-•»9J 

Vacancies, how filled 99 1 -998 

Senatorial Districts: Art. V, Sec. 4, page 6 

Consists of one county only Art. VI, Sec. 4, page 8 

Senator, State, qualifications for Art. V, Sec. 3, page 6 

Senators, State, term of Art. V, Sec. 1, page 6 

Smoke nuisance: Abatement of 5292-94, 5299 

Special election, called when 809 

Special elections, purpose, calling 532 

Suffrage, no interference in exercising right of Art. Ill, Sec. 5, page 5 

Suffrage, rights of - Art. IX, page 10 

Supreme Court: Chief Justice presides Art. VIII. Sec. 8, page 9 

Clerk of, term, how elected, duties, 

compensation Art. VIII, Sec. 9, page 9 

Justices of: 

Computation of term of office 8797 

Elected, how, term, number of Art. VIII, Sec. 8, page 8 

Eligibility of Art. VIII, Sec. 10, page 9 

Number to be elected, term of office 8790-92 

Vacancy, how filled, term 8798 

Vacancy, how filled Art. VIII, Sec. 34, page 10 

Taxpayer: 

Elector must be, when Art. IX, Sec. 2, page 10 

Who is 544 

Tie Vote: Proceedings on -". 810, 811 

Tie Vote: Representative in congress, procedure 809 

Vacancies, public office filled how, term Art. VIII, Sec. 34, page 10 

Voter: 

Identity doubtful, procedure 578 

Qualifications Art. IX, pages 10, 11, Sec. 540 

Sign precinct register 570 

Signing of precinct register compulsory 576 

Voting: 688-714 

Absent Electors 715-735 

Affidavit, form of 720 

Application: 

Blank delivered upon request and how (19 

Delivery to County Clerk and checking 718 

For ballot 716 

Form 717 

Ballot: 

Delivery of and instructions (20 

Duty of County Clerk in mailing 728 

Envelope, not to be opened when deposited in ballot 

box, except 731 

Not to be delivered on Election Day 719 

Numbers reserved for 725 

To County Clerk 722 

Voting of 721 

Ballots: 

Delivery to Judges when <*% 

Deposit of voted ,1*7 

Disposition of rejected '*7 

Must be official and regular 724 

Rejected ' " 

Rejected when and for what reasons 727 

Cancellation of registration after each election. 502 



INDEX 243 

Voting: (continued) 

Absent Electors (continued) 

Cities and Towns, procedure applies to 719 

Elector: 

May vote when 726 

Must appear at polling- place when — penalty 734 

Present in precinct on Election Day, may vote 729-730 

Endorsement by judges 727 

Judges duties 725, 727 

Oath, officer administering must use sealing wax 721 

Penalties 732 

Poll lists, notation and reservation of ballots for 725 

Record of ballots 724 

Re -registration procedure 502 

Signatures, comparison j 727 

Stub, detached voids ballot, endorsement™ 727 

Violation of provisions by officer or elector 735 

Voting machines, procedure 733 

Ballot, deposit of, in ballot box by judges 702 

Spoiled, procedure 698 

Only judge to place in ballot box 700 

Begins when 688 

By elector, procedure 696, 700 

Booths, number of 692 

One person to occupy at a time 697 

To be provided with all supplies 692 

When not necessary 692 

Challenge: By judges, how 711 

Determined how 710 

Grounds for 706 

List kept by clerks upon 714 

Oath _ 708, 709 

Proceedings upon determination of 713 

Disabled elector, aid in 699 

Elector may write or paste in name 696 

Elector to sign name on precinct register 704 

Freeholders affidavit 704 

Interference, prohibited 693 

Machines 757-773 

Assistance to electors, when and how 762 

Ballots, number supplied 763 

Ballots put upon 764 

Bond issue to purchase 760 

Certificates and supplies for _ 763 

Compensation of mechanics, amount and by whom paid 757 

Consolidation of precincts for using 759 

Demonstration of use, where _ 763 

Diagram, mailing to voter 763 

Election Board composed of whom 761 

Examination and approval of, reports on 757 

General laws apply 768 

Instruction to Judges for use of 761 

"Irregular Ballots" 765 

Judges compensation for instruction 761 

Locking at close of polls 766 

May not be used until approved 757 

Must be on exhibition 763 

Must satisfy what requirements 758 

Nomination for more than one office 763 

On exhibition after count completed 767 

Papers relating to, preserved how long 767 

Penalties 769-772 

Preparation for use - 764 

Publication of diagram before election 763 

Purchased by whom 759 

Qualification certificate to Judge 761 

Returns 767 

Room prepared for 761 

State Board of Voting Machine Commissioners, 

creation and duties of 757 

Time limit for 761 

Use of governed how 761 

Validation of experimental use in elections 773 

Marking precinct register book 704 

Oath upon challenge 5S4 

Penalty 700 

Poll book, recording of name of person voting 701 



244 INDE\ 

Voting: (continued) 

Poll list, keeping of 705 

Precinct: (See "Precincts") 

Recording vote cast 703 

Refused when person challenged will not take oath 712 

Residence rules in 574 

Returns, procedure by judges 704 

Sample ballots may not be brought to polls or used in 696 

Terminates when 688 

Time limit on 697 

"When registrant's name omitted from poll book in error 579 

Writing of electors' name by judges, when 704 

Wards: 

Boundaries of, City Council to certify 547 

Map of by city council 549 

May consist of more than one precinct 545 

Women, right of suffrage Art. IX, Sec. 12, page 11 



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