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ELECTION
LAWS

OF THE

STATE OF MQ

194

Arranged and Compiled from Revised

Codes of Montana of 1935,

as Amended

Published by
Sam W. Mitchell, Secretary of State
Helena, Montana
September, 1943

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ELECTION
LAWS

OF THE

STATE OF MONTANA

1943

Arranged and Compiled from Revised

Codes of Montana of 1935,

as Amended

Published by
Sam W. Mitchell, Secretary of State
Helena, Montana
September, 1943

Montana State Library

3 0864 1004 2450 9

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NAEGELE PRINTING CO.. HELENA. MONT

ELECTION LAWS OF MONTANA

TABLE OF CONTENTS

Page

Abandonment of Counties 147

Abatement of Smoke Nuisance 176

Absent Electors 73-86

Actions to Restrain Bond Issue 211

Additions to Cities and Towns 160

Apportionment of House Membership 15-16

Ballots, Preparation and Form 63-68

Beer Act Elections 129

Bonding Fire Districts in Unincorporated Towns 169

Bridge Construction — Bond Issue and Tax Levy 154

Canvass of Election Returns — Results and Certificates 95-97

Cemetery Districts 231-233

Change of Classification of Cities and Towns 160

Cities and Towns:

Indebtedness of — Bonds 171

Initiative and Referendum 165-168

Officers and Elections 161

Powers of City or Town Council to Transfer or Lease

Municipal Property 164

Purposes for Which Indebtedness May Be Incurred 164

City and County — Consolidated Government 199-209

Classification and Organization of Cities and Towns 159

Commission Form of Government for Cities 177-186

Commission-Manager Plan of Government for Cities and Towns 186-199

Conducting Elections 69-73

Constitutional Provisions 5-14

Contesting Elections , 103-105

Conventions to Ratify Proposed Amendments to Constitution

of the United States 105-107

Corrupt Practices Act 217-230

County Finances — Bonds and Warrants 152

County Manager Form of Government 158

Courts 210-211

Creation of New Counties by Petition and Election 138

Direct Primary 49-61

Disqualification and Restrictions Upon Residence of Officers.. 21

Duty of County Commissioners Relative to Elections 151

Election:

Frauds and Offences 212-217

Precincts 23-24

Returns 93-95

Supplies 42-45

Establishment of Airports by Counties, Cities or Towns 209

Failure of Elections — Proceedings on Tie Vote 97-98

Fixing Hours at Which Polls for Special Elections Shall Be

Opened and Closed 209

Free Public Libraries 165

Government of Counties 156

Indebtedness of Cities or Towns — Bonds 171-176

ELECTION LAWS OF MONTANA

TABLE OF CONTENTS— (Continued)

Initiative and Referendum 17-21

In Cities and Towns '. 165-168

Judges and Clerk of Election 40-42

Liquor Control Act 130

Location of County Seats 134

Members of Congress — Elections and Vacancies 102

Municipal Contracts and Franchises 168-169

Municipal Courts 169

Nomination of Candidates for Special Elections by Convention

or Primary Meeting or by Electors 45-49

Non-Partisan Nomination and Election of Judges of Supreme

Court and District Court 98-101

Presidential Electors:

And Delegates to National Conventions 61-63

How Chosen, Duties 101-102

Proclamations 22

Publication of Questions Submitted to Popular Vote 22

Public Bridges — Bonds 129

Qualifications and Privileges of Electors 23

Question of Raising Money to Be Submitted to Vote 155

Registration of Electors 24-39

Removal of County Seat 132

School:

District Bonds 119-124

Districts:

Budget System 114

Consolidated Districts — Bonded Debts 115-116

Dissolution of Joint 117

Elections 108

Funds 118

Trustees 109-114

School House Sites 117

Schools:

Abolishment of County High 125-126

Extra Taxation for 118

High Code— Bond Issue 124

Junior Colleges 128

Junior High 126-127

Time of Holding Elections 21

Voting by Taxpayers on Questions Concerning the Creation of

a Levy, Debt or Liability for or on the Part of the State 107

Voting Machines 86-92

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 Repre-
sentatives; 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 Constitu-
tion, 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 sub-
mission of constitutional amendments, and except as to local or special
laws, as enumerated in Article V, Section 26, of this Constitution. The
first power reserved by the people is the Initiative and eight per cent
of the legal voters of the State shall be required to propose any measure
by petition; Provided, That two-fifths of the whole number of the coun-
ties of the State must each furnish as signers of said petition eight per
cent of the legal voters in such county, and every such petition shall
include the full text of the measure so proposed. Initiative petitions
shall be filed with the Secretary of State, not less than four months
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 meas-
ures referrd to the people by the Legislative Assembly or by Initiative
Referendum petitions.

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

6 ELECTION LAWS OF MONTANA

unless such petition be signed by fifteen per cent of the legal voters of a
majority of the whole number of the counties of the State, in which
case the law shall be inoperative until such time as it shall be passed
upon at an election, and the result has been determined and declared as
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 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
Represenatives 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; provided
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
or others under disability; chartering or licensing ferries or bridges or
toll roads; chartering banks, insurance companies and loan and trust

ELECTION LAWS OF MONTANA 7

companies; remitting fines, penalties or forfeitures; creating, increas-
ing or decreasing fees, percentages or allowances of public officers;
changing the law of descent; granting to any corporation, association or
individual the right to lay down railroad tracks, or any special or
exclusive privilege, immunity or franchise whatever; for the punishment
of crimes; changing 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 creation, 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 appoint-
ment 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

Apportionment and Representation

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

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
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

8 ELECTION LAWS OF MONTANA

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 gov-
ernment, 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 per-
sons rspectively, 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 man-
ner as may be prescribed by law, and all contested elections of the same,
others 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 Treas-
urer, 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 hereinafter 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 Jus-
tices of the Supreme Court. At said first election the Chief Justice shall
be elected to hold his office until the general election in the year one
thousand ight hundred ninety- two (1892), and one of the Associate
Justices to hold office until the general election in the year one thou-
sand 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, commencing in the year one thousand eight hundred ninety-two
(1892), and if the Legislative Assembly shall increase the number of
Justices to five, the first terms of office of such additional Justices
shall be fixed by law in such manner that at least one of the five Jus-
tices shall be elected every two years. The Chief Justice shall preside
at all sessions of the Supreme Court, and in case of his absence, the

ELECTION LAWS OF MONTANA 9

Associate Justice having the shortest term to serve shall preside in
his stead.

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

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

District Courts

Section 12. The State shall be divided into Judicial Districts, in
euch 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, Beaver-
head, Jefferson and Madison counties; Sixth District, Gallatin, Park
and Meagher counties; Seventh District, Yellowstone, Custer and Daw-
son 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 gen-
eral 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
prescribed by law, except as in this Constitution otherwise provided;

10 ELECTION LAWS OF MONTANA

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
Commissioners of the county where such vacancy occurs. A person
appointed to fill any such vacancy shall hold his office until the next
general election and until his successor is elected and qualified. A person
elected to fill a vacancy shall hold office until the expiration of the term
for which the person he 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 perceding 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 crea-
tion 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 years
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,
and who shall not have resided in this State at least one year next
before his election or appointment.

ELECTION LAWS OF MONTANA 11

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

12 ELECTION LAWS OF MONTANA

ARTICLE XVI

Counties — 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 proposi-
tion 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 assignd to the Commissionr 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 Commissionr, 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
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.

ELECTION LAWS OF MONTANA 13

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 dis-
tricts in which the vacancy occurs, but the election of such member or
members 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 pre-
scribed 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 commis-
sioners, shall be filled by appointment by the board of county commis-
sioners, 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 consolidated; however, the provisions hereof shall not be con-
strued as allowing one (1) office incumbent to be entitled to the salaries
and emolument 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 and 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-
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

14 ELECTION LAWS OF MONTANA

discontinued until after it is submitted to the qualified electors in the
territory affected and by them approved.

Section 8. Any county or counties in existence on the first day
of January, 1935, under the laws of the State of Montana or which may
thereafter be created or established thereunder shall not be abandoned,
abolished and/or consolidated either in whole or in part or at all with
any other county or counties except by a majority vote of the duly
qualified electors in each county proposed to be abandoned, abolished
and/or consolidated with any other county or counties expressed at a
general or special election held under the laws of said state.

ARTICLE XIX

Miscellaneous Subjects and Future Amendments

Section 8. The Legislative Assembly may at any time, by a vote of
two-thirds of the members elected to each house, submit to the electors
of the State the question whether there shall be a convention to revise,
alter, or 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 places, 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 sup-
port 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 pro-
vided 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 necessary, which shall be submitted to the electors for their
ratification or rejection at an election appointed by the convention for
that purpose, not less than two nor more than six months after the
adjournment thereof; and unless so submitted and approved by a ma-
jority of the electors voting at the election, no such revision, alteration
or amendment shall take effect.

ELECTION LAWS OF MONTANA 15

Revised Codes of Montana, 1935, as Amended

APPORTIONMENT OF MEMBERSHIP OF THE HOUSE

(Constitutional Provisions, Art. V and VI)

CHAPTER 37

(Laws of 1941)

AN ACT TO PROVIDE FOR AN APPORTIONMENT OF MEMBER-
SHIP AND REPRESENTATION OF THE SEVERAL COUNTIES
OF MONTANA IN THE HOUSE OF REPRESENTATIVES OF
THE LEGISLATIVE ASSEMBLY OF MONTANA AND TO FLX
THE NUMBER OF MEMBERS THEREOF.

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

Section 1. That after the expiration of the Twenty-seventh Legis-
lative Assembly of the State 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, as taken by authority of law in
the year of 1940, and upon the ratio of one (1) representative, or
member, therein from each county, for each seven thousand (7,000)
persons in such county, or fractional part thereof in excess of three
thousand five hundred (3,500) persons; provided that each county now
created, shall be entitled to at least one (1) member.

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

Beaverhead County One member

Big Horn County One member

Blaine County One member

Broadwater County One member

Carbon County Two members

Carter County One member

Cascade County Six members

Chouteau County One member

Custer County One member

Daniels County One member

Dawson County One member

Deer Lodge County Two members

Fallon County .: One member

Fergus County Two members

Flathead County Three 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 Two members

Lewis & Clark County Three members

16 ELECTION LAWS OF MONTANA

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 One member

Pondera County One member

Powder River County One member

Powell County One member

Prairie County One member

Ravalli County Two members

Richland County One member

Roosevelt County One member

Rosebud County One member

Sanders County One member

Sheridan County One member

Silver Bow County Eight 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 Six members

Section 3. Whenever a new county is created it shall have and be
entitled to one (1) member of the House of Representatives until
otherwise apportioned.

Section 4. 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 5. All Acts and parts of Acts in conflict herewith are
hereby repealed.

Approved February 25, 1941.

48. Congressional Districts. All that portion of the State of Mon-
tana lying west of the east boundary of Flathead, Lewis and Clark,
Broadwater, and Gallatin counties, to-wi't: the counties of Lincoln,
Sanders, Mineral, Missoula, Ravalli, Beaverhead, Madison, Silver Bow,
Jefferson, Deer Lodge, Granite, Powell, Flathead, Gallatin, Lewis and
Clark, and Broadwater shall constitute the First Congressional District
of the State; and that all that portion of the State of Montana lying east
of the east boundary of Flathead, Lewis and Clark, Broadwater, and Gal-
latin counties, to-wit: the counties of Hill, Blaine, Phillips, Valley, Sheri-
dan, Dawson, Wibaux, Prairie, Richland, Fergus, Chouteau, Cascade,
Meagher, Musselshell, Rosebud, Custer, Fallon, Big Horn, Carbon, Yel-
lowstone, Stillwater, Sweet Grass, Park, Toole, and Teton shall con-
stitute 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 districts to which major portion of the territory of said county be-
longed and was a part prior to the creation of such new county.

ELECTION LAWS OF MONTANA 17

CHAPTER XHI
INITIATIVE AND REFERENDUM

(Consttiutional Provisions Art. V., Sec. 1)

99. Form of Petition for Referendum. The following shall be sub-
stantially the form of petition for the Referendum to the people on any
act pased 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 not exceeding Five Hundred Dollars ($500),
or imprisonment in the penitentiary not exceeding two years, or by both
such fine and imprisonment.

Petition for Referendum.

To the 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.)

100. Form of Petition for Initiative. The following shall be sub-
stantially the form of petition for any law of the State of Montana pro-
posed by the initiative:

Warning.

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

18 ELECTION LAWS OF MONTANA

Name Residence

Postoffice address

If in city, street and number

Voting precinct

(Numbered lines for names on each sheet.)

Every such sheet for petitioner's signature shall be attached to a
full and correct copy of the title and text of the measure so proposed
by initiative petition; but such petition may be filed with the Secretary
of State in numbered sections, for convenience in handling, and referen-
dum petitions may be filed in sections in like manner.

101. County Clerk to Verify Signatures. 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 peti-
tion containing such signatures his certificate to the Secretary of State,
substantially as follows:

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 the signatures
thereon, I believe that they are not genuine, for the reason that

; and I further certify

that the following names

( ) do not appear on the registration books

and blanks in my office.

Signed

(Seal of Office) County Clerk.

By ,

Deputy

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

128338

ELECTION LAWS OF MONTANA 19

State of Montana,

\ ss.
County of J

I, , a duly qualified and acting

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

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 peti-
tion, or any part thereof, for a longer period than two days for the
first two hundred signatures thereon, and one additional day for each
two hundred additional signatures, or fraction thereof, on the sheets
presented to him, and at the expiration of such time he shall forward
the same to the Secretary of State, with his certificate attached thereto,
as above provided. The forms herein given are not mandatory, and if
substantially followed in any petition, it shall be sufficient, disregarding
clerical and merely technical errors.

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

103. Certification and Numbering of Measures — Constitutional
Amendments. The Secretary of State, at the same time that he fur-
nishes to the County Clerk of the several counties certified copies of the
names of the candidates for office, shall also furnish the said County
Clerks his certified copy of the 'titles and numbers of the various meas-
ures to be voted upon at the ensuing general or special election, and he
shall use for each measure a title designated for that purpose by the
Legislative Assembly, committee, or organization presenting and filing
with him the act, or petition for the Initiative or the Referendum, or in
the petition or act; provided, that such title shall in no case exceed one
hundred words ,and shall not resemble any such title previously filed
for any measure to be submitted at that election which shall be descrip-
tive of said measure, and he shall number such measures. All measures
shall be numbered with consecutive numbers beginning with the number
immediately following that on the last measure filed in the office of
the Secretary of State. The affirmative and negative of each measure
shall bear the same number, and no two measures shall be 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 desig-
natd and distinguished from measures proposed by the Legislative As-
sembly by the heading "Proopsed Petition for Initiative."

20 ELECTION LAWS OF MONTANA

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 sub-
mitted 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.

104. Manner of Voting — Ballot. The manner of voting on meas-
ures 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:

□

X

X

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.)

105. Printing and Distribution of Measures. The Secretary of
State shall furnish a copy of each of the proposed measures to be sub-
mitted 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 submitted to a vote of the people.

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

ELECTION LAWS OF MONTANA 21

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.

106. Canvass of Votes. 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 tne several County Clerks of votes
on measures shall be returned to the Secretary of State on separate
abstract sheets in the manner provided by Sections 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 elec-
tion, 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.

107. Who May Petition — False Signature — Penalties. Every per-
son who is a qualified elector of the State of Montana may sign a peti-
tion for the Referendum or for the Initiative. Any person signing any
name other than his own to such petition, or signing the same more
than once for the same measure at one election, or who is not, at the time
of signing the same, a legal voter of this State, or any officer or any
person wilfully violating any provision of this statute, shall, upon
conviction thereof, be punished by a fine not exceeding Five Hundred
Dollars, or by imprisonment 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.

•

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

CHAPTER 48

DISQUALIFICATIONS AND RESTRICTIONS UPON
RESIDENCE OF OFFICERS

410. Age and Citizenship. 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 57
TIME OF HOLDING ELECTIONS

531. General Elections, When to Be Held. There must be held
throughout the State, on the first Tuesday after the first Monday of
November, in the year eighteen hundred and ninety-four, and in every
second year thereafter, an election to be known as the general election.

532. Special Elections — Purpose and Calling. Special elections are
such as are held to supply vacancies in any office, and are held at such
times as may be designated by the proper officer or authority. The
Board of County Commissioners shall be authorized to call a special

22 ELECTION LAWS OF MONTANA

election at any time for the purpose of submitting to the qualified
electors of the county a proposition to raise money for any public im-
provement desired to be made in the county.

ELECTION PROCLAMATIONS

533. Election Proclamations by the Governor. At least sixty days
before a general election, and whenever he orders a special election to
fill a vacancy in the office of State Senator or Member of the House
of Representatives, at least ten days before such special election, the
Governor must issue an election proclamation, under his hand and the
great seal of the State, and transmit copies thereof to the Boards of
Commissioners of the counties in which such elections are to be held.

534. Governor's Proclamation, Contents. Such proclomation 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 Section 10747 to 10772,
of the Penal Code. Such rewards to be paid until the total amount
hereafter expended for the purpose reaches the sum of five thousand
dollars."

535. Publication and Posting by County Commissioners. The Board
of County Commissioners, upon the receipt of such proclamation, may,
in the case of general or special elections, cause a copy of the same
to be published in some newspaper printed in the county, if any, and
to be posted at each place of election at least ten days before the elec-
tion; 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.

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

CHAPTER 58

PUBLICATION OF QUESTIONS SUBMITTED TO
POPULAR VOTE

537.1. Publication of Amendments to Constitution. 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 Assembly. 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.

538. Advertisement of Questions to Be Submitted. Questions to
be submitted to the people of the county or municipality must be ad-
vertised by publication in at least one newspaper within the county or

ELECTION LAWS OF MONTANA 23

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.

CHAPTER 59
QUALIFICATIONS AND PRIVILEGES OF ELECTORS

539. Elections to Be by Ballot. All elections by the people shall
be by ballot.

540. Qualifications of Voters. Every person of the age of twenty-
one years or over, possessing the following qualifications, if his name
is registered as required by law, is entitled to vote at all general and
special elections and for all officers that now are, or hereafter may
be, elective by the people, and upon all questions which may be sub-
mitted to the vote of the people: First, he must be a citizen of the
United States; second, he must have resided in the State one year and
in the county thirty days immediately preceding the election at which
he offers to vote. No person convicted of felony has the right to vote
unless he has been pardoned. Nothing in this 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 persons except citizens of the United States have a
right to vote.

541. Privileges from Arrest. 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.

542. Exempt from Military Duty on Election Day. No elector is
required to perform military duty on the days of election, except in
times of war or public danger.

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

544. Who Are Taxpayers. The payment of a tax upon property
by any person assessed therefor on a county or city assessment roll
next preceding the election at which a question is to be submitted to
the vote of the taxpayers of the State, or to the vote of the taxpayers
of such county or city, or any subdivision thereof, constitutes such
person a taxpayer at such election.

CHAPTER 60
ELECTION PRECINCTS

545. Establishment of Election Precincts. 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 dis-
tricts 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 corpora-
tions 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 continguous
territory lying outside the said incorporated towns.

24 ELECTION LAWS OF MONTANA

546. Change in Boundaries of Precinct. The Board of County Com-
missioners may change the boundaries of precincts and create new or
consolidate established precincts, but no precinct shall be changed or
created between the first day of January and the first day of December
in any year during which a general election is to be held within the
State of Montana. All changes, alterations, or modifications in pre-
cinct 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.

547. City Council to Certify Ward Boundaries. 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.

548. County Surveyor to Make Map of Precincts. The County Sur-
veyor 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.

549. City Council to Prepare Map of Wards. 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 cor-
rectly 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.

550. Board to Designate Place in Precinct for Holding Elections.

The Board must, at the session at which judges of election are appointed,
make an order designating the house or place within the precinct where
the election must be held.

551. Proceedings Where Place not Designated, etc. If the Board
fails to designate the house or place for holding the election, or if it
cannot be held at the house or place designated, the judges of election,
or a majority of those acting as such in the precinct must, two days
before the election and by order, under their hand (copies of which
they must at once post in three public places in the precinct), designate
the house or place.

CHAPTER 61

REGISTRATION OF ELECTORS

553. County Clerk as County Registrar. 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 without extra pay or compensation therefor. He
shall have the custody of all registration boks, 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.

554. Registry Book and Card Index — Affidavit of Voter — Lost
Naturalization Papers. The official register of electors in each county
shall be contained in a book designated "register," which book shall be

ELECTION LAWS OF MONTANA 25

so arranged 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 cal-
endar 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:

(FACE)

STATE OF MONTANA ]

County of J

I ss.

Number Date Name Sex

Where born Age Height Occupation

Ft.-In.

Naturalized when Where

Residence Post Office Sec. Twp. Rg.

Length of time in Precinct Ward School Dist.

State County City

Date cancelled Date registered Disability, if any

Place where last registered

STATE OF MANTANA,

County of j

[ 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 specified),
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.

26 ELECTION LAWS OF MONTANA

AFFIDAVIT OF LOST NATURALIZATION PAPERS

STATE OF MANTANA, 1

[ ss.
County of J

, being duly sworn on

oath, says:

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

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

admitted to 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

Subscribed and sworn to before me this day of

, 19

County Clerk and Ex-Officio Registrar.
By Deputy.

555. Who May Register. Any elector residing within the county
may register by appearing before the County Clerk and ex-officio Regis-
trar and making correct answers to all questions propounded by the
County Clerk touching 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 dark or to any
other person qualified to register an elector, to be different from what
it actually 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) nor more than three (3) years.

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

556. Elector Infirm or Residing at a Distance. If any elector re-
sides 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 registration be made at
his residence. Upon receipt of such notice and request it shall be the
duty of the County Clerk or deputy registrar, as the case may be, to
make the registration of such elector at his residence; provided, that
no greater sum than twenty-five cents may be charged or received by
any officer or person for taking the registration of the elector herein
provided for; and provided further, that no officer or person shall be
entitled to receive from any county in the State of Montana any charge
for expenses incurred by reason of the provisions of this section.

557. Notaries and Justices of the Peace as Deputy Registrars. All

notaries public and justices of the peace are designated as deputy
registrars in the county in which they reside, and may register electors
residing more than ten (10) miles from the county courthouse in any
precinct within the county and shall receive as compensation for their

ELECTION LAWS OF MONTANA 27

services the sum of twenty-five (25) cents for each elector registered
by them. 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 twenty-five (25) cents for each elector reg-
istered 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 51, Laws of 1941.)

Chapter 172, Laws of 1937

Section 6. 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, employees, deputies, or assist-
ants, or other persons whomsoever, upon whom any duty is imposed by
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.

558. Hours of Registration — Registry Cards — Duty of Clerk. The

office of the County Clerk shall be open for registration of voters be-
tween the hours of nine a. m. and five p. m. on all days except legal
holidays. Registry cards shall be numbered consecutively in the order
of their receipt at the office of the County Clerk; provided, however,
that eelctors 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 of-
ficial 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, signed
and verified by such elector. The County Clerk shall classify registry
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.

559. Procedure when applicant not qualified at time of registration.

If any applicant for registration applies to be registered who has not
resided within the State of Montana, or the county or city, for the re-
quired 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 ques-
tion 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 quali-
fied 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 regis-
tered who is not a citizen of the United States, but states that he will

28 ELECTION LAWS OF MONTANA

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 ac-
cept 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.

560. Transfer of registration within County. 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 Mo'ntana, 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 regis-
try 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 coun-
ty, at least thirty days prior to any election, a request in writing in
the following 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 trans-
ferred, and shall file said card in the register of the precinct of the
elector's present residnce, 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.

561. Procedure Upon Change of Residence to Another County. 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

(city) (county)

BIRTHPLACE AGE

PREVIOUS RESIDENCE

(city) (county)

ELECTION LAWS OF MONTANA 29

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 resident

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.)

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 at such election, and shall mark each of
said cards with the word 'cancelled', and place such cancelled cards
for the entire countv in adphabetical order in a separate drawer to be
known as the 'cancelled file'; but any elector whose card is thus re-
moved from the official register may re-register in the same manner as
his original registration was made, and the registration card of any
elector who thus re-registers shall be filed bv the countv clerk in the
official register in the same manner as original registration cards are
filed. The Countv Clerk shall, at the same time, cancel, by drawing
a red line through the entry thereof, the name of all such electors who
have failed to vote at such election.

'In the case of any elector who, bv reason of his or her active
service in the land or naval forces of the United States, including the
members of the army nurse corps, the navv nurse corps, the women's
navv reserve, the women's armv auxiliary corps, and such other
branches of the land and naval forces as mav be organized hereafter
by the government of the United States, shall fail to vote, his or her
registrv card shall not be cancelled, provided that, prior to close of
registration before anv election to be held in the State of Montana, at
least two (2) registered electors of the countv in which such elector
serving; in the land or naval forces of the United States, including- those
persons actuallv engaged in the service of the American national red
cross association, or the united service organizations or anv similar or-
ganizations auxiliarv to the land and naval forces, recognized by the
government of the United States was registered at the time of such
election furnish the Countv Clerk with an affidavit or affidavits, setting
forth the affiants are personallv acauainted with such elector and are
informed and have reason to believe such elector was engaged in active
service in the land or naval forces of the United States, including
members of the army nurse corps, the navy nurse corps, the women's

30 # ELECTION LAWS OF MONTANA

navy reserve, the women's army auxiliary corps, and such other branches
of the land and naval forces as may be organized hereafter by the gov-
ernment of the United States also including persons engaged in the
actual service of the American national red cross association, or the
united service organizations or any similar organizations auxiliary to
the land and naval forces, recognized by the government of the United
States on the day of such election and his residence is still within the
county where he is registered; provided further, however, this shall not
apply to those registration cards which have been cancelled for any of
the causes designated under Section 570 of the Revised Codes of Mon-
tana, 1935."

2. It shall be the duty of the County Clerk of each county,
on or before the close of registration before any election to be
held in the State of Montana following the general election held in No-
vember of 1942, to withdraw from the 'cancelled file' the registration
card of any person serving in the land or naval forces of the United
States, including the members of the army nurse corps, the navy nurse
corps, the women's navy reserve, and the women's army auxiliary corps,
and such other branches of the land and naval forces as may be or-
ganized hereafter by the government of the United States including
persons engaged in the actual service of the American national red
cross association, or the united service organizations or any similar
organization auxiliary to the land and naval forces recognized by the
government of the United States whose registry card has been removed
from the official register since the date of the general election held in
November of 1942, and return such card to the official register and
enter the name of such elector upon the proper registration rolls, pro-
vided that — on or before the close of registration before anv election
to be held in the State of Montana following the sreneral election held
in November of 1942 — the Countv Clerk is furnished an affidavit or
affidavits bv at least two (2) registered electors of the countv in which
such elector serving: in the land or naval forces of the United States,
including persons of the army nurse corps, the navy nurse corps, the
women's navy reserve, the women's armv auxiliarv corps, and such
other branches of the land and naval forces as mav be organized here-
after by the government of the United State including persons eneraged
in the actual service of the American national red cross association, or
the united service organizations or anv similar organizations auxiliary
to the land and naval forces recognized bv the government of the United
States was registered at the time of such election, setting forth the
affiants are personallv acauainted with such elector and are informed
and have reason to believe such elector was engaged in active service
in the land or naval forces of the United States, including- persons of
the armv nurse corps, the navv nurse corps, the women's navv reserve,
the women's armv auxiliarv corps, and such other branches of the land
and naval forces as mav be organized hereafter bv the government of
the United States including- persons enframed in the actual service of
the American national red cross association, or the united service or-
ganizations or anv similar organizations auxiliarv to the land and naval
forces recognized bv the government or1 the United States on the day
of such election and his residence is still within the countv where he
is registered; provided further, however, this shall not applv to those
registration- cards which have been cancelled for anv of the causes
designated under Section 570 of the Revised Codes of Montana, 1935.

(As amended by Chapter 177, Laws of 1943.)

566. Close of Registration Procedure. The Countv Clerk shall close
all registration for the full period of fortv-five davs prior to and before
anv election. He shall immediatelv transmit to the Secretary of State
a certificate showing- the number of voters registered in each precinct
in said county. The Countv Clerk of each county must cause to be pub-
lished in a newspaper within his county, having a general circulation

ELECTION LAWS OF MONTANA 31

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

567. Printing and Posting Lists of Registered Electors. The Coun-
try Clerk shall, at least 15 days preceding any municipal primary nomi-
nating election in towns and cities, and at least thirty davs 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 anv city or town shall ,in writ-
ing, certify to the County Clerk, not less than twenty-five days before
the date fixed bv law for the holding of anv primary nominating elec-
tion, that no petitions for nomination under the direct primary election
law for any office to be filled at the next ensuing annual citv election
have been filed with such Citv or Town Clerk, not less than thirtv davs
before the date fixed bv 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 city or town. Such printed list
of registered electors shall contain the name of the elector in full, to-
gether with his residence, giving the number and street, or the name of
the house, or 'the section, township and ranee, as shown bv the official
register card of the elector, and the registry number. The expense of
printing said list shall be paid bv 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 davs before any municipal, primary
nominating election, and not less than thirtv davs before anv other
election, as in this Act provided for, at least five conies of such printed
registrv list in at least five conspicuous places within said precinct, a
conv 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 necessarv for the convenience of the public. He shall furnish
to anv qualified elector of anv county, citv or town or school district
apolving therefor a copy of the same, provided, that where the list
herein provided for has been printed and posted for anv orimarv election,
the same may be used for the election prooer, following a posting in
connection therewith, at the time provided for in this section, a supple-
mental lis't giving the names of electors who may have registered after
the first list was prepared.

568. Poll Book — Combining Precinct Registers in — When Not Fur-
nished Citv or Town. During the time intervening between the closing
the official register and the dav 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 iudges 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 iudges 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

32 ELECTION LAWS OF MONTANA

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 nominations 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.

569. Registration During Period Closed for Election. Whenever
the period during which the official registry is closed preceding1 any
election shall occur during the time within which any elector is entitled
to register for another election, such elector shall be permitted to regis-
ter 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.

570. Cancellation of Registry Cards. The County Clerk must can-
cel any registry card in the following cases:

1. At the request of the party registered.

2. When he has personal knowledge of the death or removal from
the countv of the person registered, or when dulv 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 Countv Clerk the
separate affidavit of three aualified 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 Countv Clerk shall immediatelv remove from the official
register herein provided for the reeis'trv of voters and shall deface the
name of such elector on the official register bv drawing a line through
said entrv in red ink and the Countv Clerk shall mark the registrv 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

ELECTION LAWS OF MONTANA 33

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 Mon-
tana, then, and in that case, they shall be entitled to re-register as
voters.

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

571. Compensation of County Clerks. The County Clerks shall re-
ceive, 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 the actual
expense incurred in printing and posting the lists of electors, and in
publishing the notices required by this law, and any other expense in-
curred 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 munici-
pal primary elections, as provided for in 5377.1, and no general munici-
pal 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 vacan-
cies to be filled, 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 district,
which makes unnecessary the furnishing of such poll books.

572. Copies of Precinct Registers. The County Clerk shall furnish
to any person or persons who in writing may so request, a copy of the
official precinct registers of any county, city or school district precinct,
and upon delivery thereof shall charge and collect for the use and benefit
of the county the sum of five cents for each and every name entered in
such official precinct register.

573. Challenges and Action to Be Taken Thereon. 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 desig-
nated therein is not entitled to register. Such affidavit shall state the
ground of challenge, objection and disqualification. The County Clerk
shall file the affidavit of challenge in his office as a record thereof.
The County Clerk must deliver a true and correct copy of any and all
of 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 per-
son to whose qualifications as an elector objections may be thus made,
the words "To be challenged." It shall be the duty of the judges of
election, if on election day such person who has been objected to and
challenged applies to vote, to test, under oath, his qualifications. Not-
withstanding the elector is registered, his right to vote may be chal-

34 ELECTION LAWS OF MONTANA

lenged on the day of election by any qualified registered elector, orally
stating, to the judges of election, the grounds of such objection or
challenge to the right of any registered elector to vote.

It is the duty of the judges of election, when it appears that any
elector offers to vote and is either challenged by a duly qualified 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 chal-
lenged," to test the qualifications of the elector and ask any questions
that such judges may deem proper, and shall compare the answers of
the elector to such questions with the entries in the precinct register
books, and if it be found that said elector is disqualified, or that the
answers given by such elector to the questions propounded by the judges
do not correspond to the entry in the precinct 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.

574. Residence, Rules for Determining. For the purpose of regis-
tration 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.

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 institu-
tion 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, pro-
vided 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.

ELECTION LAWS OF MONTANA 35

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 election.

575. Certificates of Naturalization, Presentation to Registrar.

When a naturalized citizen applies for registration his certificate of
naturalization, or a certified copy thereof, must be produced and
stamped, or written in ink by the registry agent, with such registry
agent's name and the year and day and county where presented; but
if it 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?

576. Voter to Sign Precinct Register Books. The judges of election
in each precinct, at every general or special election, shall, in the pre-
cinct 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 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 whg shall make an affidavit
before the judges of election, or one of them, in substantially the fol-
lowing form:

STATE OF MONTANA, ]

> 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 Countv Clerk, with the
return of the election; one of the judges shall thereupon write the elec-
tor'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

36 ELECTION LAWS OF MONTANA

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.

577. Compeling Entry of Names in Great Register. In any action
or proceeding instituted in a district court to compel the County Clerk
to make and enter the name of any elector in the precinct register, as
many persons may be joined as plaintiffs for cause of action and as
many persons as there are causes of action against may be joined as
defendants.

578. Name of Voter Must Appear in Copy of Register — Identifica-
tion of Voter. No person shall be entitled to vote at any election men-
tioned 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.

579. Omission of Name From Poll-Books — Remedy. 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 elecion in
such precinct, the said elector shall be entitled to vote in the same man-
ner as if his name had appeared upon the precinct poll-book. Such
certificate shall be marked "voted" by the judges, and shall be re-
turned by them with the poll-book.

580. Authority of Deputy County Clerk. Whenever in this Act
the word "County Clerk" appears, it shall be construed as extending
and giving authority to any regularly appointed Deputy County Clerk.

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

582. "Election" Defined. The word "election," as used in this law
where not otherwise qualified, shall be taken to apply to general, spe-
cial, primary nominating, and municipal elections, and to elections in
school districts of the first class.

583. Violation of Act, Penalty for. 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 anv dutv, who shall
wilfully or knowingly fail, refuse, or neglect to perform such duty, or
to complv 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.

584. Challenging of Elector and Administration of Oath. If any

person offering to vote at any primary election be challenged by a judge

ELECTION LAWS OF MONTANA 37

or any qualified elector at said election, as to his right to vote thereat,
an oath shall be administered to him by one of the judges that he will
truly answer all questions touching his right to vote at such election,
and if it appear that he is not a qualified voter under the provisions
of this Act, his vote shall be rejected; and if any person whose vote
shall be so rejected shall offer to vote at the same election, at any other
polling place, he shall be deemed guilty of a misdemeanor.

585. Acts Constituting Violation of Law — Penalty. 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 know-
ingly 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 demed guilty of a felony, and upon conviction thereof
shall be punished by imprisonment in the State prison for a period of
not less than one year or more than fourteen years, and if such person
be a public officer, shall also forfeit his office.

586. County Commissioners to Supply Clerk with Help. It shall
be the duty of the Board of County Commissioners of each county to
provide the County Clerk thereof with sufficient help to enable him to
properly 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 provisions of this law shall be a
proper charge upon the county.

CHAPTER 99

Laws of 1943

AN ACT PROVIDING A METHOD OF REGISTRATION FOR VOTING
BY MEMBERS OF THE LAND OR NAVAL FORCES OF THE
UNITED STATES, INCLUDING MEMBERS OF THE ARMY
NURSE CORPS, THE NAVY NURSE CORPS, THE WOMEN'S
NAVY RESERVE, THE WOMEN'S ARMY AUXILIARY CORPS,
AND SUCH OTHER BRANCHES OF THE LAND AND NAVAL
FORCES AS MAY BE ORGANIZED HEREAFTER BY THE GOV-
ERNMENT OF THE UNITED STATES; AND FURTHER PRO-
VIDING A LIKE METHOD OF VOTING BY PERSONS ENGAGED
IN THE ACTUAL SERVICE OF THE AMERICAN NATIONAL
RED CROSS ASSOCIATION, OR THE UNITED SERVICE OR-
GANIZATIONS OR ANY SIMILAR ORGANIZATION AUXILIARY
TO THE LAND AND NAVAL FORCES, RECOGNIZED BY THE
GOVERNMENT OF THE UNITED STATES; PRESCRIBING THE
DUTIES OF THE COUNTY CLERK IN REGARD TO THE
PRINTING, DISTRIBUTION AND CLASSIFICATION OF OFFI-
CIAL WAR REGISTRATION CARDS, PROVIDING FOR THE
PENALTY FOR VIOLATIONS OF THE PROVISIONS OF THIS
ACT, AND REPEALING ALL ACTS AND PARTS OF ACTS IN
CONFLICT HEREWITH.

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

Section 1. Any elector of this State who is absent from the State
of Montana and the county of which he or she is a resident by reason
of his or her active service in the land or naval forces of the United
States, including members of the Army Nurse Corps, the Navy Nurse
Corps, the Women's Navy Reserve, the Women's Army Auxiliary Corps,
and such other branches of the land or naval forces as may be organized
hereafter by the Government of the United States, or who is absent
from the State of Montana and the county of which he or she is a

38 ELECTION LAWS OF MONTANA

resident by reason of his or her engaging in the actual service of the
American National Red Cross Association or the United Service Organ-
izations or any similar organization auxiliary to the land and naval
forces recognized by the Government of the United States, shall be en-
titled to register for voting in the manner hereinafter provided as fully
as if he or she were present at his or her place of residence.

Section 2. It shall be the duty of the County Clerk of each county
in this State to cause to be printed Official War Registration Cards,
four (4) by six (6) inches in size, on calendar stock other than white, to
distinguish such cards from the registry cards provided for by Section
554 of the Revised Codes of Montana of 1935, which Official War Reg-
istration Cards shall be substantially in the following form:

(FACE)

OFFICIAL WAR REGISTRATION CARD

No County of , State of Montana

Name Sex Date

Place of Birth Date of Eirth

Height

Occupation

Residence:

(Give Montana Address, Street Number,
Length of time in

City

or Town)

State

County

City

Town

If naturalized, state when
Place where last registered:

Where

Disability, if any

To be filled in by County Clerk:

Date Registered Date Cancelled

CERTIFICATE OF REGISTRANT

I, swear (or affirm)

I am the elector whose name appears on the face of this card; the sev-
eral statements thereon contained affecting my qualifications as an
elector are true; I am actively engaged in the land (or naval) forces
of the United States or an auxiliary to the land (or naval) forces recog-
nized by the government of the United States; I am able to mark my
ballot (or I am unable to mark my ballot by reason of the physical
disability on this card specified), and I am not registered elsewhere
within the State of Montana and claim no right to vote elsewhere than
in the place on this card specified, so help me God.

Certified to by:

(To be signed by any commissioned officer.)

(BACK)

CERTIFICATE OF LOST NATURALIZATION PAPERS

I, swear (or affirm)

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

ELECTION LAWS OF MONTANA 39

mitted to citizenship in the State (or territory) of

county of : , by the court

during the year , I last saw my certificate of naturalization,

or a certified copy thereof, at

Certified to by:

(To be signed by any commissioned officer.)

Section 3. Upon receipt of any application for an Official War
Registration Card by any elector hereinbefore mentioned in this Act,
it shall be the duty of the County Clerk to send such elector by mail,
postage prepaid, one Official War Registration Card, which registration
card shall be enclosed in an envelope bearing upon the front thereof —
in clear black type— the words, "OFFICIAL WAR REGISTRATION
CARD CONTAINED HEREIN."

Section 4. It shall also be the duty of the County Clerk to send
by mail, postage prepaid, to any such elector hereinbefore mentioned in
this Act one (1) Official War Registration Card, which registration
card shall be enclosed in an envelope bearing upon the front thereof — -
in clear black type— the words, "OFFICIAL WAR REGISTRATION
CARD CONTAINED HEREIN", provided the County Clerk is furnished
an affidavit or affidavits by at least two (2) registered electors of the
county in which such elector hereinbefore mentioned in this Act resides,
setting forth the affiants are personally acquainted with such elector
and are informed and have reason to believe such elector is engaged in
the active service of the land or naval forces or the officially recognized
organizations auxiliary threto, and setting forth also the last known
post office address of such elector; and provided further the County
Clerk shall not send such Official War Registration Card as a result of
such affidavit or affidavits, if he has previously sent such Official War
Registration Card to such elector hereinbefore mentioned in this Act
upon the application of such elector.

Section 5. Upon receipt by the County Clerk of any Official War
Registration Card, properly filled out and duly signed and certified to
as provided in this Act, the County Clerk shall classify such registry
card according to the precinct in which the elector resides, and shall
arrange the cards in each precinct in alphabetical order. The County
Clerk shall, upon receipt of any Official War Registration Card, im-
mediately enter upon the official register of the county in the proper
precinct the full information given by said elector.

Section 6. The penalty provided for by Section 555 of the Revised
Codes of Montana of 1935, as amended by Chapter 172 of the Session
Laws of the Twenty-fifth Legislative Assembly, in the case of an
elector residing within the county who registers, is hereby made ap-
plicable to violations of the provisions of this Act.

Section 7. All Acts or parts of Arts in conflict herewith are
hereby repealed.

Section 8. This Act shall be in full force and effect from and
after its passage and approval.
Approved February 26, 1943.

CHAPTER 190

Laws of 1943

AN ACT RELATING TO REGISTRATION OF ELECTORS WHO ARE
ABSENT FROM THE COUNTY OF THEIR LEGAL REGISTRA-
TION. AND UNABLE TO APPEAR BEFORE THE COUNTY
CLERK AND EX-OFFICIO REGISTRAR, DURING THE PERIODS
PROVIDED BY LAW FOR REGISTRATION.

40 ELECTION LAWS OF MONTANA

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

Section 1. Any elector who is unable to make personal application
for registration to vote by appearing before the county clerk and ex-
officio registrar of the county of his or her legal residence, by reason
of being absent from the county, may register to vote prior to the close of
registration, before any electoin to be held in the State of Montana, by
appearing, executing and verifying under oath, before a Notary Public
or other officer authorized to administer oaths, at any place within the
continental limits of the United States of America, a registration card
in the form prescribed in Section 554 of the Revised Codes of Montana
of 1935, and returning such registration card, so executed and verified,
to the county clerk and ex-officio registrar of the county in which his
or her legal residence is located in sufficient time to reach such county
clerk and ex-officio registrar before the close of registration; pro-
vided, however, such an elector shall not be entitled to have his name
entered in the official register of electors until at least two (2) regis-
tered electors of the county in which such elector desiring to be reg-
istered has his place of residence, as stated in his application for regis-
tration, appear before the county clerk and ex-officio registrar and
make affidavit or affidavits in writing, stating they are personally
acquainted with the applicant for registration, are familiar with and
know his signature, have seen him write and that the signature sub-
scribed to the application for registration is the signature of such
elector.

Section 2. The county clerk and ex-officio registrar of the county
of an elector's legal residence shall furnish to any elector applying
therefor, whether application be made by mail, telegram or telephone,
one (1) of the printed registration cards provided for registration of
electors, to be used by such elector in registering; said card to be trans-
mitted by United States mail, with postage prepaid, by said county
clerk and ex-officio registrar to the address furnished by the elector
at the time of making of his application.

Section 3. In the case of any person who desires and who is en-
titled to register in the manner provided in Section 1 of this act, the
questions required by Section 3 of Chapter 172 of the laws of the
Twenty-fifth Legislative Assembly of the State of Montana, 1937, to
be asked each person registering, shall be propounded in writing and
shall be transmitted by the county clerk and ex-officio registrar, to-
gether with registration card, in the manner above provided, to the
person so desiring to register, who shall answer such questions in
writing and shall return such answers to the county clerk and ex-of-
ficio registrar, together with completed registration card.

Section 4. This Act shall be in full force and effect from and after
its passage and approval.
Approved March 5, 1943.

CHAPTER 62
JUDGES AND CLERKS OF ELECTION

"587. Judges of Election — How Appointed. The Board of County
Commissioners of the several counties at the regular session next pre-
ceding 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 elec-
tion 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 Commis-
sions may appoint a second or additional board consisting of five
judges for each such precinct, who shall possess the same qualifications

ELECTION LAWS OF MONTANA 41

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 ballots 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 fol-
lowing day, the first board shall reconvene and relieve the second board
and continue said count until 8 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 board shall have fully com-
pleted 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.

The Board of County Commissioners, notwithstanding the foregoing
provisions in this section contained, may however, appoint a single
board of judges for each precinct in the county, when, in the judgment
of said Board of County Commissioners, a second or additional board is
unnecessary.

(As amended by Chapter 40, Laws of 1943.)

588. Number of Judges to Be Appointed. 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.

589. Number Appointed in New Precincts. In any new precinct
established, the Board of County Commissioners must, in like manner,
appoint five or three judges of election, according to the estimated num-
ber of voters therein, as required by the two next preceding sections.

590. Not More Than a Majority to Be From Any One Political
Party. In making the appointment of judges of election, such judges
must be chosen from a list of qualified electors to be submitted by the
county central committee of the two (2) major political parties in the
county at least thirty-five (35) days prior to the regular session of the
Board of County Commissioners, next preceding a primary nominating
election, a general or special election, such list to contain at least twice
the nmber of judges to be appointed and not more than a majority of
such judges must be appointed from any one political party for each
precinct and such appointee shall be deemed to belong to the political
party upon whose list his name appears, provided that the Board of
County Commissioners may appoint such judges as in case of vacancy
or in case any major political party fails to submit a list of judges
within the time herein provided.

(As amended by Chapter 85, Laws of 1941.)

591. Compensation of Election Ofifcers. 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.

592. Clerks to Give Notice to Judges of Appointment — Electors to
Elect Judges in Case of Vacancy. The clerk of the board must make out
and forward by mail, immediately after the appointment of the judges,
a notice thereof in writing, directed to each of them. In case there is
no postoffice in any one or more of the precincts in any county, the

42 ELECTION LAWS OF MONTANA

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 vacan-
cies on the morning of the election, to serve at such election.

Section 593. The judges may, whenever they deem it necessary
for the prompt and efficient conduct of the election within their respec-
tive polling places, appoint two persons having the same qualifications
as themselves to act as clerks of the election. The judges shall continue
to be 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.

(As amended by Chapter 40, Laws of 1943.)

594. Clerks to Mail to Judges Notices of Election — Form of Notice.

The Clerks of the several Boards of County Commissioners must, at
least thirty days before any general election, make and forward by
mail to such judge or judges as are designated by the County Commis-
sioners, three written notices for each precinct, said notices to be sub-
stantially 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 detei'mination of the following questions
(naming 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.

595. Notices to Be Posted by the Judges. The judges to whom such
notice is directed, as provided in the next preceding section, must
cause to be put up in three of the most public places in each precinct
the notices of election in such precinct, at least ten days previous to
the time of holding any general election, which notices must be posted
as follows: One at the house where the election is authorized to be
held, and the others at the two most public and suitable places in the
precinct.

596. Oath of Judges and Clerk. 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.

597. Judges and Clerks May Administer Oaths. Any member of
the board, or either clerk thereof, may administer and certify oaths
required to be administered during the progress of an election.

CHAPTER 63
ELECTION SUPPLIES

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

600. Form of Poll-Book. The following is the form of poll-books
to be kept in duplicate by the judges and clerks of election:

ELECTION LAWS OF MONTANA

43

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

Senate
E. F., Votes

House of Representatives
G. H., Votes

Certified and Signed by Us.

1

[ Clerks.
J

Judges.

601. Want of Form not to Vitiate. No poll-book or certificate re-
turned from any election precinct must be set aside or rejected for
want of form, nor on account of its not being strictly in accordance with
the directions of this chapter, if it can be satisfactorily understood.

602. County Commissioners to Have Blanks Prepared. The neces-
sary 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 of-
ficers of each election precinct at the expense of the county.

603. Clerk to Deliver Ballots and Stamps to Judges of Election —
Stamp, What to Contain. Before the opening of the polls, the County
Clerk, or the City Clerk in the case of municipal elections, must deliver

44 ELECTION LAWS OF MONTANA

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 the election, and name and official designation of
the clerk who furnishes the ballots. The judge of election to whom the
stamps and ballots are 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 impracticable
to deliver such stamps and ballots to such judge then they may be de-
livered to some other one of the judges of election.

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

605. Size of the Opening of the Ballot-box. There must be an
opening in the lid of such box of no larger size than shall be sufficient
to admit a single folded ballot.

606. Ballot-box to Be Exhibited. Before receiving any ballots, the
judges must, in the presence of any persons assembled at the polling
place, open and exhibit the ballot-box and remove any contents there-
from, 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.

607. County Clerk to Have Printed Instructions to the Electors.

The County Clerk of each county must cause to be printed in large
type on cards, in the English language, instructions for the guidance
of electors in preparing their ballots. He must furnish six cards to the
judges of election in each election precinct, and one additional card for
each fifty registered electors, or fractional part thereof, in the precinct,
at the same time and in the same manner as the printed ballots. The
judges of election must post not less than one of such cards in each
place or compartment provided for the preparation of ballots, and not
less than three of such cards elsewhere in and about polling places upon
the day of election. Said cards must be printed in large, clear type,
and must contain full instructions to the voters as to what should be
done, viz.:

1. To obtain ballots for voting.

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

3. To obtain a new ballot in the place 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 45

608. Forms for Transmission of Election Returns. 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 election returns for public informa-
tion. 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.

609. Copying Total Vote Cast for Each Candidate. As soon as all
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.

610. Posting and Mailing Blanks. 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.

611. Penalty for Failure to Comply with Law. Any judge of elec-
tion, or other officer, who shall fail or refuse to comply with the pro-
visions of this Act, shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall be fined in any sum not exceeding Fifty Dollars.

CHAPTER 64

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

612. Convention or Primary Meeting Defined. Any convention or
primary meeting held for the purpose of making nominations to public
office, or the number of electors required in this chapter, may nominate
candidates for public office to be filled by election in the State. A con-
vention or primary meeting within the meaning of this chapter is an
organized assemblage of electors or delegates representing a political
party or principle.

613. Certificates of Nomination, What to Contain. All nominations
made by such convention or primary meeting must be certified as fol-
lows: The certificate of nomination, which must be in writing, must
contain the name of each person nominated, his residence, his business,
his business address, and the office for which he is named, and must
designate, in not more than five words, the party or principle which
such convention or primary meeting represents, and it must be signed
by the presiding officer and secretary of such convention or primary
meeting, who must add to their signatures their respective places of
residence, their business, and business address. 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.

614. Certificate, Where Filed. Certificates of nomination of candi-
dates for offices to be filled by the electors of the entire S'tate, or of
any division or district greater than a county, must be filed with the
Secretary of State. Certificates of nomination for county, township, and
precinct officers must be filed with the clerks of the respective coun-
ties 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 cer-
tificate of nomination of joint member of the House of Representatives

46 ELECTION LAWS OF MONTANA

must be filed in the offices of the County Clerks of the counties to be
represented by such joint member.

615. Certificates of Nomination Otherwise Made. 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 candi-
date be State, county, township, municipal, or any other political divi-
sion or subdivision of State or county; but the signatures need not all
be appended to one paper. Each elector signing a certificate shall add to
his signature his place of residence, his business, and his 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.

616. Certificate not to Contain Certain Things — One Person not
to be nominated for More Than One Office. No certificate of nomina-
tion 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.

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

618. Certificate of Nomination to Be Filed with the Secretary
of State Must Be Filed not Less Than Ninety (90) 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
less than ninety (90) days before the election; certificates of nomina-
tion 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 (10) days previous to the day of election;
but the provisions of this section shall not be held to apply to nomina-
tions for special elections to fill vacancies.

(As amended by Chapter 105, Laws of 1943.)

618.1. Nominees to Pay Prescribed Filing Fee. 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 Montana, 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 re-
quired from any candidate, regardless of the method used in having
his name placed upon such general election ballot.

ELECTION LAWS OF MONTANA 47

619. Not less than forty-five (45) nor more than ninety (90)
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 certifi-
cates of nomination filed with the Secretary of State.

(As amended by Chapter 104, Laws of 1943.)

620. Declination of Nomination — Municipal Elections. 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 bv 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.

621. Vacancies May Be Filled by Further Certificates. If any per-
son so nominated dies before the printing of the tickets, or declines the
nomination as in this chapter provided, or if any certificate of nomina-
tion is or becomes insufficient or inoperative from any cause, the vacancy
or vacancies thus occasioned may be filled in the manner required for
original nomination. If the original nomination was made by a party
convention which had delegated to a committee the power to fill vacan-
cies, 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 cer-
tificate of nomination, and has the same force and effect as an original
certificate of nomination. When such certificate is filed with the Sec-
retary of State he must, in certifving the nominations to the various
County Clerks, insert the name of the person who has thus been nomi-
nated to fill a vacancy in place of the name of the oriRinal nominee.
And in the event he has already transmitted his certificate he must
forthwith certify to the clerks of the proper counties the name and
description of the person so nominated to fill a vacancy, the office he
is nominated for, the party or political principle he represents and the
name of the person for whom such nominee is substituted.

622. Errors. Law Corrected. Whenever it appears bv 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 orbiting of the
ballots, the District Court of the county mav, 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.

623. Qualification of Voter at Primary Election. No person shall
be entitled to vote at anv caucus, primary meeting, or election, held
by any political party, except he be an elector of the State and county
within which such caucus, primary meeting, or election is held, and a
legal resident of the precinct or district within which such caucus,
primary meeting, or election is held, and the limits of which said pre-
cinct or district are fixed and prescribed bv the reeularly chosen and
recoernized representatives of the party issuing the call for such caucus,
primary meeting, or election.

624. Who Entitled to Vote. No person shall be entitled to vote
at any caucus, primarv meetinsr, or election, who is not identified with
the political party holding such caucus, primarv meeting, or election,
or who does not intend to act with such political party at the ensuing

48 ELECTION LAWS OF MONTANA

election, whose candidates are to be nominated at such caucus or pri-
mary meeting. 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.

625. Judges. Three judges, who shall be legal voters in the pre-
cinct where such caucus or primary meeting is held, shall be chosen
by the qualified voters of said precinct or district, who are present at
the opening of such caucus or primary meeting, and said judges shall
be empowered to administer oaths and affirmations, and they shall
decide all questions relating to the 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.

626. Clerk. The judges shall select one of their number who shall
act as clerk, and the clerk must keep a true record of each and every
person voting, with their residence, giving the street and number and
postoffice address.

627. Challenges — Oath — Penalty. Any qualified voter may chal-
lenge the right of any person offering to vote at such caucus or pri-
mary meeting, and in the event of such challenge, the person challenged
shall swear to and subscribe an oath administered by one of the judges,
which oath shall be substantially as follows:

"I do solemnly swear that I am a citizen of the United States, and
am an elector of this county and of this precinct where this primary
is now being held, that I have been and now am identified with the
partv 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 spe-
cial 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 questions put to him by
anv 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.

628. Fraudulent Voting: or Counting. It shall be unlawful for
anv judge of any caucus or primary meeting or primary election to know-
ingly 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 ballo't-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 anv false count, canvass, statement, or return of the ballots cast
or vote taken at such caucus or primary election.

629. Unlawful Interference. No person shall, by bribery or other
improper means or device, directlv or indirectly, attempt to influence
any elector in the casting of anv ballot at such caucus or primary meet-
ing, or deter him in the deposit of his ballot, or interfere or hinder any
voter at such caucus or primary meeting in the full and free exercise
of his right of suffrage at such caucus or primary meeting.

630. Penalties. Anv person or persons violating any of the pro-
visions of this Act, except as provided in Section 627, shall be guilty
of a misdemeanor, and unon conviction thereof shall be punished by a
fine of not less than Fifty Dollars, nor more than Two Hundred and

V

ELECTION LAWS OF MONTANA 49

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 impri-
sonment, in the discretion of the court.

CHAPTER 65

PARTY NOMINATION BY DIRECT VOTE—
THE DIRECT PRIMARY

631. Construction of Law. Whenever the provisions of this law
in operation prove to be of doubtful or uncertain meaning, or not suf-
ficiently 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 opera-
tion of this law, to the end that the protection of the spirit and inten-
tion of said laws shall be extended so far as possible to all primary
elections, and especially to all primary nominating elections provided
for by this law. If this proposed law shall be approved and enacted by
the people of Montana, the title of this bill shall stand as the title
of the law.

632. Date of Holding Primary Election — Purpose of. On the third
Tuesday of July preceding anv general election (not including special
elections to fill vacancies, municipal elections in towns and cities, irriga-
tion 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 purpose of choosing candidates by the
political parties, subject to the provisions of this law, for Senator in
Congress, and all other elective State, district and county officers, and
delegates to any constitutional 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.

633. Primary Nominating Election Notices. It shall be the duty
of the County Clerk, thirty days before any primary nominating elec-
tion, to prepare printed notices of such election, and mail two of said
notices to each judge and clerk of election in each pricinct; and it shall
be the duty of the several judges and clerks immediately to post said
notice in public places in their respective 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 Coun'tv of ,

Montana, a primarv 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, coun'tv, precinct and other officers, namely
(here name the offices to be filled, including a Senator in Congress,
delegates 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 after-
noon of said day.

Dated this day of , 19

, County Clerk.

634. Application of Law to Cities and Towns. The nomination of
candidates for municipal offices by the political parties, subject to the

50 ELECTION LAWS OF MONTANA

provisions of this law, shall be governed 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 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 elections. 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 peti-
tions 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 elec-
tion 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 nomination 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 consti-
tuted legislative and executive authorities of cities and town, within
the provisions of this section, shall have such power and authority
over the establishing of municipal voting precincts and wards, munici-
pal 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.

635. Emergency Clause. This Act is declared to be an emergency
law, and a law necessary for the irr-nediate preservation of the public
peace and safety.

636. Counting of Ballots. Immediately after the closing of the
polls at a primary nominating election, the clerks and judges of elec-
tion shall open the ballot-boxes at each polling place and proceed to
take therefrom the ballots. Said officers shall count the number of
ballots cast by each political party, at the same time bunching: the
tickets cast for each political party together in separate piles, and
shall then fasten each pile separately by means of a brass clip, or may
use any means which shall effectually fasten each pile together at the
top of each ticket. As' soon as the clerks and judges have sorted and
fastened together the ballots separately for each political party, then
they shall take the tally sheets provided by the County Clerk and shall
count all the ballots for each political party separately until the count
is completed, and shall certify to the number of votes for each candi-
date for nomination for each office upon the ticket of each party. They
shall then place the counted ballots in the box. After all have been
counted and certified to by the clerks and judges they shall seal the
returns for each of said political parties in separate envelopes, to be
returned to the County Clerk.

637. Form of Tally Sheets — Canvass of Votes. 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

ELECTION LAWS OF MONTANA

51

the County Clerk, at the same time and in the same manner that the
ballots are furnished and shall be substantially as follows:

Tally sheet of the primary nominating election for

(name of political party) held at precinct, in the County

of on the day of

, 19

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

The following shall be the form of the tally sheets kept by the
judges, and clerks of the primary nominating election under this law,
containing the number and name of each person voted for, the particu-
lar office for nomination to which each person was voted for, the total
number of votes cast for each candidate for nomination. The tally or
count as it is kept by each of the clerks shall be audibly announced
as it proceeds, and shall be kept in the manner and form as follows:

No.

Name of
Candidate

Office

Total Vote
Received

No.

Tally 5

No.

Tally 1 0

No.

Tally 1 5

12

12
13
14

12
13
14

12 |

13

1
13 |

14

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-ruler 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 tne 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

(Who kept this sheet.)

., Judge
., Judge

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 im-
mediately to the right of the last tallies for each candidate and also
in the columns headed "Total Vote" and shall prepare the certificate
thereto above indicated; and immediately upon the completion of the
count, all the clerks shall sign the tally sheets, and each of them shall
certify which sheets were kept by him; and the chairman and the judges,
being satisfied of the correctness of the same, shall then sign all of
said tally sheets. The clerks shall then prepare a statement of that

52 ELECTION LAWS OF MONTANA

portion of the tally sheets showing the number and name and political
party of each candidate for nomination and the office and total votes
received by each in the precinct, and shall prepare the certificate there-
to, which statement shall be signed by the judges and clerks who com-
plete the count, and shall be immediately posted in a conspicuous place
on the outside of said polls, there to remain for ten days.

638. Poll-Books and Tally Sheets to Be Sealed and Returned. Im-
mediately after canvassing the votes in the manner aforesaid, the judges
and clerks who complete the count, before they separate or adjourn
shall inclose the poll-books in separate covers and securely seal the
same. They shall also inclose the tally sheets in separate envelopes
and seal the same securely. They shall also envelope all the ballots
fastened together, as aforesaid, and seal the same securely; and they
shall be in writing, with pen and ink, specify the contents, and address
each of said packages upon the outside thereof to the County Clerk
of the county in 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.

639. Political Party Nominations Made Exclusively as Herein
Provided. 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 candi-
date 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
nominated. No independent or non-partisan candidate shall be permitted
to use any word of the name of any existing political party or organiza-
tion in his candidacy. The names of candidates for public office nomi-
nated under the provisions of this law shall be printed on the official
ballots for the ensuing elections as the only candidates of the respec-
tive political parties for such public office in like manner as the names
of the candidates nominated by other methods are required to be
printed on such official ballots.

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 nominations for public office as provided in Section 612 of this
Code.

640. Petitions for Nominations to Be Filed. 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 him-

ELECTION LAWS OF MONTANA S3

self, accompanied by the filing fee hereinafter provided for, and such
petition shall be filed and shall be conclusive evidence for the purpose
of this law that such elector is a candidate for nomination by his party.
All nominating petitions pertaining 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
Dollars ($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
declaration 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 declara-
tion of acceptance is filed the fee above provided for filing a primary
nominating petition for such office. No candidate receiving a nomina-
tion at a primary election as above provided shall have his name printed
on the official ballot for the general election without complying with
the provisions of this section.

641. Form of Petition for Nomination. The petition for nomina-
tion required by the preceding section shall be substantially in the fol-
lowing 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 of , 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.

54 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.

644. Time for Filing Petitions for Nominations. 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.

645. Register of Candidates. 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 there-
on on different pages of the book for different political parties subject
to the provisions 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
nomination 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 nomi-
nating election. Immediately after the canvass of votes cast at a pri-
mary 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.

646. Register of Candidates Is Public Record — Disposition of Poll-
Books, Tally Sheets, Ballots, etc. Such registers of candidates for
nomination, and of nominations and petitions, letters and notices, and
other writings required by law as soon as filed, shall be public records,
and shall be open to public inspection under proper regulations and
when a copy of any such writing is presented at the time the original
is filed, or at any time thereafter, and a request is made to have such
copy compared and certified, the officers with whom such writing was
filed shall forthwith compare such copy with the original on file, and,
if necessary, correct the copy and 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 pertain, at which time, unless otherwise ordered or restrained
by some court, the County Clerk shall destroy the ballots and ballot
stubs, by fire, without any one inspecting the same.

647. Vacancies in Nominations, How Filled. The provisions of
Sections 620 and 621 of this Code shall apply to nominations, or peti-
tions 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

ELECTION LAWS OF MONTANA 55

may be filled by the committee which 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.

648. Arrangement and Notice of Nominations. Not more than
forty days and not less than twenty-five days before the day fixed by
law for the primary nominating election the Secretary of State shall
arrange, in the manner provided by this law, for the arrangement of
the names and other information upon the ballots, all the names of and
information concerning all the candidates 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 nominating election has taken place. In
case of emergency the Secretary of State may transmit such duplicate
by telegraph.

649. Arrangement of Ballots and Notice. 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 provi-
sions 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 make and post a duplicate
thereof in a conspicuous place 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.

650. Supplies Printed and Furnished by County. All blanks, bal-
lots, 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.

651. Ballots, How Arranged; Printed and Voted. 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 par-
ticipate in said primary election.

The names of all candidates shall be arranged alphabetically ac-
cording to surnames, under the appropriate title of the respective of-
ficers, and under the proper party designation upon the party ticket,
except as hereinafter provided. When two or more persons are candi-
dates 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
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 the

56 ELECTION LAWS OF MONTANA

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
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 nomi-
nating 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 fur-
ther that nothing in this Act shall preclude any elector from having his
name printed upon the ballot as an Independent Candidate. The ballots
with the endorsement shall be printed on white paper in substantially
the forms of the Australian Ballot, used in general elections, except
that the candidates 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 there-
upon, without leaving the polling place, vote the marked ballot forth-
with, and deposit the remaining tickets in the separate ballot box to
be marked and designated as the blank ballot box. Immediately after
the canvass, the judges of election shall, without examination, destroy
the tickets deposited in the blank ballot box.

652. Official and Sample Ballots — Preparation and Number. 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 cither 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.

654. Canvass of Returns. On the third day after the close of any
primary nominating election, or sooner if all the returns be received,
the County Clerk, taking to his assistance two Justices of the Peace of

ELECTION LAWS OF MONTANA 57

the county of different political parties, if practicable, or two members
of the Board of County Commissioners of the county of different politi-
cal 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 Gov-
ernor and for Senator in Congress shall be on one separate sheet for
each political party, and shall be immediately transmitted to the Secre-
tary of State in like manner as other election returns are transmitted to
him. Such abstract of votes for nomination of each party for Lieuten-
ant 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 com-
posed of more than one county, shall be on one sheet, separately for
each political party, and shall be forthwith transmitted to the Secretary
of State, as required by 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 as-
sembly, 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 nominated by his political
party for that office.

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

655. Duties of County Clerk After Canvass of Vote — State Canvass.

The County Clerk, immediately after making the abstracts of votes
given in his county, shall make a copy of each of said abstracts amd
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 District Court,
Senators and Representatives, and all other officers to be voted for by
the people of the State, or of any district comprising more than one
county; and the Governor shall grant a certificate of nomination to the

58 ELECTION LAWS OF MONTANA

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

656. Error in Ballot or Count. Whenever it shall appear by af-
fidavit 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 aggrieved by the refusal or failure of any person
to perform any duty or act required by this law shall, without deroga-
tion to any other right or remedy, be entitled to pray for a mandamus
in the District Court of appropriate jurisdiction, and any proceedings
under the provisions of this law shall be immediately heard and decided.

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

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

659. Notice of Contest. Any person wishing to contest the nom-
ination of any other person to any State, county, district, township,

ELECTION LAWS OF MONTANA 59

precinct, or municipal office may give notice in writing to the person
whose nomination he intends to contest that his nomination will be con-
tested stating the cause of such contest briefly, within five days from
the time said person shall claim to have been nominated.

660. Service of Notice — Contest — How Heard. Said notice shall be
served in the same manner as a summons issued out of the District
Court three days before any hearing upon such contest as herein pro-
vided shall take place, and shall state the time and place that such
hearing shall be had. Upon the return of said notice served to the Clerk
of the Court he shall thereupon enter the same upon 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 forthwith, and shall make all nec-
essary orders for the trial of the case and carrying his judgment into
effect; provided, that the District Court provision of this section shall
not apply to township or precinct 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.

661. Contest — How Tried and Decided. Each party to such con-
test shall be entitled to subpoenas, and subpoenas duces tecum, as in
ordinary cases of law; and the court shall hear and determine the same
without the intervention of a jury, in such manner as shall carry into
effect the expressed will of a majority of the legal voters of the political
party, as indicated by their votes for such nominations, not regarding
technicalities or errors in spelling the name of any candidate for such
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.

662. County and City Central Committeemen, How Elected. 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 elec-
tion 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 nomination 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 candi-
dates. 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 consti-
tute ex-officio the City Central Committee of each of said respective
political parties and shall have the same power and jurisdiction as to
the business of their several parties in such city matters that the
county committees have in county matters, save only the power to fill
vacancies in said committee, which power is vested in the County Cen-
tral Committee. Each committeeman shall hold such position for the
term of two years from the date of the first meeting of said committee

60 ELECTION LAWS OF MONTANA

immediately following their election. In case of a vacancy happening,
on account of death, resignation, removal from the precinct, or other-
wise, 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 com-
mittees 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 execu-
tive committees and authorize such sub-committees to exercise any and
all powers conferred upon the County, City, State and Congressional
Central Committees respectively by this law. 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 meet-
ing 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 pre-
cinct 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.)

663. National Committeemen — Selection and Term. The State
Central Committee of each political party in the State of Montana
shall select one national committeeman and one national committee-
woman. The chairman of the State Central Committee shall at once
file with the National Committee the names of the national committee-
man 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.

665. Penalty for Violation of Law. If any candidate for nomina-
tion shall be guilty of any wrongful or unlawful act or acts at a primary
nominating election which would be sufficient, if such wrongful or un-
lawful 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 wrong-
ful 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 elec-
tion at which he shall have been elected to his office.

666. Candidates to Formulate State Platform. The candidates for
the various state offices, and for the United States Senate, Representa-

ELECTION LAWS OF MONTANA 61

tives in Congress and the Legislative Assembly nominated by each
political party at such primary, and Senators of such political party,
whose term of office extends beyond the first Monday in January of
the year next ensuing, and the members of the State Central Committee
of such political party, shall meet at the call of the chairman of the
State Central Committee not later than September fifteenth next pre-
ceding any general election. They shall forthwith formulate the State
platform of their party. They shall thereupon proceed to elect a chair-
man of the State Central Committee and perform such other business
as may properly be brought before such meeting.

667. Penalty for Bribery, etc. 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 ac-
cepted before or after such signing, shall be guilty of a misdemeanor,
and upon trial and conviction thereof be punished by a fine of not less
than Twenty-five nor more than One Thousand Dollars, and by imprison-
ment in the county jail of not less than ten days nor more than six
months.

668. General Penal Laws Applicable. 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.

669. Forgery and Suppression of Nomination Papers. Any person
who shall forge any name of a signer or a witness to a nomination
paper shall be guilty of forgery, and on conviction punished accord-
ingly. Any person who, being in possession of nomination papers en-
titled 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.

670. General Laws Applicable to This Enactment. The provisions
of the laws of this State now in force in relation to the holding of elec-
tions, 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 elec-'
tion, and all other kindred subjects, shall apply to all primaries, insofar
as they are consistent with this Act, the intent of this Act being to
place the primary under the regulation and protection of the laws now
in force as to elections.

CHAPTER 66

PRESIDENTIAL ELECTORS AND DELEGATES TO
NATIONAL CONVENTIONS

673.1. Political Party Defined. 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.

673.2. Exclusive Method of Selecting Presidential Electors and
Delegates to National Political Conventions — Committeemen and Chair-
man. All political parties in Montana shall hereafter nominate their

62 ELECTION LAWS OF MONTANA

presidential electors and elect their delegates to national conventions
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 law does not
so provide, a precinct committeeman for each election precinct, a
county chairman in each county and a state chairman.

673.3. County Conventions — Notice of Holding — Proceedings When
No Central Committee Exists. 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 pub-
lished at the county seat and shall mail a copy of the call to each pre-
cinct committeeman. 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.

673.4. Presiding Officer — Proxies. The county chairman of the
party shall preside at the county convention. No person other than a
duly elected or appointed precinct committeeman sball 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 committee-
man executing the same. In case of the absence of any precinct com-
mitteman and his duly appointed 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.

673.5. Organization of County Convention — Certificates of Election
— Delegates to State Convention. Said county convention shall organize
by the appointment 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.

673.6. Time of State Convention — Election of Presidential Electors
and Delegates to National Convention. On the third Tuesday in May
the delegates (or alternate delegates in case any elected delegates can-
not attend) shall hold a state convention at the seat of government for
the purpose of electing delegates and alternates to the national con-
vention of the party, and presidential electors.

673.7. Conduct of State Convention. Said state convention shall
bp conducted in accordance with the party rules, subject, however, to
the following requirements:

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 scat of the 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
delivered as credentials to the several persons elected by the convention
as delegates to the national convention of said party, and crtificates
of nomination for presidential electors for said party which shall be

ELECTION LAWS OF MONTANA 63

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 convention from said county.

673.8. Payment of Convention Expenses. 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 par-
ticipate 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.

CHAPTER 67

BALLOTS— PREPARATION AND FORM

677. Ballots, How Printed and Distributed. All ballots cast in
elections for public offices within the State (except school district of-
ficers), 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.

678. County Clerk to Print Ballots — Elector May Vote for Any
Person. 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 memorandum or paper to assist him in marking or preparing
his ballot except as otherwise provided in this chapter.

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

679. Municipal Clerk to Act in Municipal Elections. In all munici-
pal elections the City Clerk must perform all the duties prescribed for
County Clerks in this chapter.

680. Pasters to Be Printed and Distributed Where Vacancy Has
Been Filled. When any vacancy occurs before election day and after
the printing of the ballots, and any person is nominated according to
the provisions of this 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 elec-

64 ELECTION LAWS OF MONTANA

tion in the various precincts interested in such election, and the judges
of election, whose duty it is made by the provisions of this chapter 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. Placement on Ballot of Candidates for State Senate or
House of Representatives. At any state or county election in which a
member of the State Senate or House of Representatives is to be
elected or nominated, 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.

681. Color and Size of Ballots. 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 nomi-
nation 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 Montana, 1935.

(A) Names and Party of Candidates to Be Printed on Ballots. 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 designa-
tion 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
followed 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) Arrangement of Names of Candidates — Rotation of Names of
Candidates. The names of all candidates shall be arranged alphabetical-
ly according to surnames under the appropriate title of the respective
offices. It is provided, however, that, while all of the candidates for the
particular office shall remain together in the same box, yet the candi-
dates 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

ELECTION LAWS OF MONTANA 65

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 for 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
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 ballots 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 herein-
before defined 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) Columns and Material to Be Printed Upon Ballots. Each
ballot shall contain at the top the stub as provided by Section 684 of
the Revised Codes and directlv underneath the perforated line shall be
the following words in bold face type, "VOTE IN ALL COLUMNS."
Each ballot shall contain (2), and not more than two (2) columns
for the election of state, national, county and township officers. The
first two columns and no other shall be used for the election of officers.
Provided, however, that a third column and as many additional columns
as mav 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 na-
tional", in large bold face tvpe, 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 wi'th the words, "countv and township", in largre 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 largre bold face tvpe, and listed there-
under shall be all proposed constitutional amendments and measures
to be voted on bv 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".

66 ELECTION LAWS OF MONTANA

(E) Order of Placement of Offices. 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; sec-
retary of state; attorney general; state treasurer; state auditor; rail-
road 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 posi-
tions 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;
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 desig-
nate 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 pos-
sible the ballot shall be in the following form: (Stub hereinafter pro-
vided for by Section 684.) . . .

ELECTION LAWS OF MONTANA

67

(Perforated Line)

VOTE IN ALL COLUMNS

STATE AND NATIONAL

FOR PRESIDENTIAL ELECTORS

TO VOTE FOR PRESIDENT AND

VICE PRESIDENT OF THE

UNITED STATES.

VOTE FOR ONE

For President Democrat
of the United States

D JOHN DOE

For Vice-President
of the United States

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

(Same with other candidates
for President and Vice-Pres
lent together with blank space
for write-in.)

FOR UNITED STATES SENATOR
VOTE FOR ONE

□ FRANK ROE Democrat
D GUY DOE Republican

□

(Same for Congressman, Gov
ernor. Lieutenant Governor,
Secretary of State, Attorney
General, State Treasurer, State
Auditor, Railroad and Public
Service Commissioners, State
Superintendent of Public In
struction and Clerk of Supreme
Court.)

FOR CHIEF JUSTICE OF THE
SUPREME COURT

VOTE FOR ONE

3 RICHARD K. O'DOE

(Nominated without party
designation)

3 TOM ROE

(Nominated without party
designation)

(Continue in like manner for
Associate Justice and Judges of
the District Court.)

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

COUNTY AND TOWNSHIP

FOR STATE SENATOR
VOTE FOR ONE

D BILL DOE
D JOHN ROE

□ -

Republican
Democrat

FOR MEMBER OF THE HOUSE
OF REPRESENTATIVES

VOTE FOR TWO

□ ALLEN DOE
D FRANK DOE
D A. R. ROE

□ OLE ROE

3

a

Republican

Republican

Democrat

Democrat

Continued in like manner for
all county and township of
ficers.)

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

INITIATIVES, REFERENDUM*

AND CONSTITUTIONAL

AMENDMENTS

CONSTITUTIONAL AMEND-
MENTS

G FOR THE AMENDMENT
□ AGAINST THE
AMENDMENT

REFERENDUM NO. 1

D FOR REFERENDUM NO.
□ AGAINST SAID REFER-
ENDUM NO. 1

INITIATIVE NO. 1

H FOR INITIATIVE NO. 1
D AGAINST SAID INITIA-
TIVE NO. 1

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.)

68 ELECTION LAWS OF MONTANA

683. Blank Space and Margin. Below the names of candidates for
each office there must be left a blank space large enough to contain as
many written names of candidates as there are persons to be elected.
There must be a margin on each side of at least half an inch in width,
and a reasonable space between the names printed thereon, so that the
voter may clearly indicate, in the way hereinafter provided, the candi-
date or candidates for whom he wishes to cast his ballot.

684. Stub, Size and Contents. 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 there-
of, upon the face of which stub shall be printed, in type known as brevier
capitals, the following: "This ballot should be marked with an 'X' in the
square before the name of each person or candidate for whom the
elector intends to vote. In cases of a ballot containing a constitutional
amendment, or other question to be submitted to a vote of the people,
by marking an 'X' in the square before the answer of the question or
amendment 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 ballq,ts re-
quired for the precinct.

685. Uniformity of Size and Printing. All of the official ballots
of the same sort, prepared by any officer or board for the same balloting
place, shall be of precisely the same size, arrangement, quality and tint
of paper, and kind of type, and shall be printed in black ink of the same
tint, so that when the stubs numbered as aforesaid shall be detached
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.

686. County Clerk to Prepare Ballot, When and How. Whenever
the Secretary of State has duly certified to the County Clerk and ques-
tion 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 re-
quired 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 sub-
mitted to the electors of a municipal corporaion alone the City Clerk
must prepare the necessary ballots.

687. Number of Ballots to Be Provided for Each Precinct. The

County Clerk must provide for each election precinct 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 neded, 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 num-
ber 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.

ELECTION LAWS OF MONTANA 69

CHAPTER 68

CONDUCTING ELECTIONS— THE POLLS— VOTING AND

CHALLENGES

688. Voting, to Commence When and Continue How Long. Voting
may commence as soon as the polls are open, and may be continued dur-
ing all the time the polls remain open.

689. Time of Opening and Closing of Polls. The polls must be
opened at eight o'clock on the morning of election day and must be
kept open 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 immediately closed.

690. Proclamation at Opening and Thirty Minutes Before Closing
Polls. Before the judges receive any ballots they must cause it to be
proclaimed aloud at the place of election that the polls are open, and
thirty minutes before the closing of the polls proclamation must be
made that the polls will close in one-half hour.

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

692. Sufficient Booths or Compartments Must Be Furnished. All

officers upon whom is imposed by law the duty of designating the polling-
places must provide in each polling-place designated by them, a suf-
ficient number of places, booths, or compartments, each booth or com-
partment to be furnished with a door or curtain 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 constructed that only
persons within such rail can approach within ten feet of the ballot-
boxes, or the places, booths, or compartments herein provided for. The
number of such places, booths, or compartments must not be less than
one for every fifty electors, or fraction thereof, registered in the pre-
cinct. In precincts containing less than twenty-five registered voters,
the election may be conducted under the provisions of this chapter with-
out the preparation of such booths or compartments, as required by this
Section.

693. Elector to Cast His Ballot Without Interference. No person
other than electors engaged in receiving, preparing, or depositing their
ballots, or a person present for the purpose of challenging the vote of
an elector about to cast his ballot, is permitted to be within said rail;
and in cases of small precincts where places, booths, or compartments
are not required, no person 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, with-
in 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

70 ELECTION LAWS OF MONTANA

from the polling-place before the closing of the polls. No person shall
show his ballot after it is marked, to any person, in such a way as to
reveal the contents thereof, or the name of the candidate or candidates
for whom he has marked his vote; nor shall any person solicit the
elector to show the same; nor shall any person, except the judge of elec-
tion, receive from any elector a ballot prepared for voting. No elector
shall receive a ballot from any other person than one of the judges of
election having charge of the ballots; nor shall any person other than
such judge of election deliver a ballot to such elector. No elector shall
vote, or offer to vote, any ballot except such as he has received from
the judges of election having charge of the ballots. No elector shall
place any mark upon his ballot by which it may afterwards be identified
as the one voted by him. Every elector who does not vote a ballot de-
livered to him by the judges of election having charge of the ballots,
shall, before leaving the polling-place, return such ballot to such judges.

694. Expenses of Providing Places for Election. The expense of
providing sucn places or compartments, ropes, and guard-rails is a public
charge, and must be provided for in the same manner as the other elec-
tion expenses.

695. Delivery of Official Ballots to Elector. At any election the
judges of election must designate two of their number whose duty it is
to deliver ballots to the 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.

696. Method of Voting. On receipt of his ballot the elector must
forthwith, without leaving the polling-place and within the guard-rail
provided, and alone, retire to one of the places, booths, or compartments,
if such are provided, and prepare his ballot. He shall prepare his ballot
by marking an "X" in the square before the name of the person or
persons for whom he intends to vote. In case of a ballot containing a
constitutional amendment, or other question to be submitted to the vote
of the people, by marking an "X" in the square before the answer of
the question or amendment 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 official ballot so delivered to him, in a loud and distinct tone of
voice. If such elector be entitled then and there to vote, and if such
printed or stamped number is the same as that entered on the poll-list
as the number on the stub of the official ballot last delivered to him
by the ballot judge, such judge shall receive such ballot, and, after re-
moving 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 vallots, and the stubs
in a box for detached ballot stubs. Upon voting, the elector shall forth-
with pass outside the guard-rail, unless he be one of the persons auth-
orized to remain within the guard-rail for other purposes than voting.

697. Only One Person to Occupy Booth, and No Longer Than Five
Minutes. No more than one person must be allowed to occupy any one

ELECTION LAWS OF MONTANA 71

booth at one time, and no person must remain in or occupy a booth
longer than may be necessary to prepare his ballot, and in no event
longer than five minutes, if the other booths or compartments are
occupied.

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

699. Judges May Aid Disabled Elector. Any elector who declares
to the judges of election, or when it appears to the judges of election
that he cannot read or write, or that because of blindness or other!
physical disability he is unable to mark his ballot, but for no other
cause, must, upon request, receive the assistance of two of the judges,
who shall represent different parties, in the marking thereof, and such
judges must certify on the outside thereof that is 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, be-
cause 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.

700. Manner of Voting. 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 per-
sons violating the foregoing provisions shall be guilty of a misdemeanor.
Any judge or judges of election who shall knowingly permit a viola-
tion 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 offering to vote must hand his ballot to the judge, and an-
nounce his name, and* in incorporated cities and towns any such person
must also give the name of the street, avenue, or location of his resi-
dence, 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.)

701. Announcement of Voter's Name. The judges must receive
the ballot, and before depositing it in the ballot-box must, in an audible
tone of voice, announce the name, and in incorporated towns and cities
the judges must also announce the residence of the person voting, and
the same must be recorded on each poll-book.

702. Putting Ballot in Box. 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 cer-
tificate, 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.

703. Record That Person Has Voted, How Kept. When the ballot
has been placed in the box, one of the judges must write the word
"Voted" opposite the number of the person on the check-list for the
precinct.

704. Marking Precinct Registry Book When Elector Has Voted —
Procedure. 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 permitted to
vote the judges of election shall require the elector to sign his name

72 ELECTION LAWS OF 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 sub-
stantially the following form:

STATE OF MONTANA, 1

J- ss.
County of J

"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 herein provided for. If the elector
fails or refuses to sign his name, and, if unable to write, fails to pro-
cure 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 election returns
and poll-book, which have been used at said election.

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

706. Grounds of Challenge. Any person offering to vote may be
orally challenged by any elector of the county, upon either or all of the
following grounds:

1. That he is not the person whose name appears on the register
or check-list.

2. That he is an idiot or insane person.

3. That he has voted before that day.

4. That he has been convicted of a felony and not pardoned.

707. Proceedings on Challenges for Want of Identity. If the chal-
lenge 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."

708. Same on Challenges for Having Voted Before. If the chal-
lenge 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."

709. Same on Ground on Conviction of Crime. If the challenge is
on the ground that the person challenged has been convicted of a
felony, the judges must tender him the following oath:

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

ELECTION LAWS OF MONTANA 73

710. Challenges, How Determined. Challenges upon the grounds
either :

1. That the person challenged is not the person whose name ap-
pears on the 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 challanged 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 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.

711. Trial of Challenges. Challenges for causes other than those
specified in the preceding section must be tried and determined by the
judges of election at the time of the challenge.

712. If Person Refuses to Be Sworn, Vote to Be Rejected. 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.

713. Proceedings Upon Determination of Challenges. If the chal-
lenge is determined against the person offering to vote, the ballot must,
without examination, be destroyed by the judges in the presence of the
person offering the same; if determined in his favor, the ballot must be
deposited in the ballot-box.

714. List of Challenges to Be Kept. The judges must cause each
of the clerks to keep a list showing:

1. The names of all persons challenged.

2. The grounds of such challenges.

3. The determination of the judges upon the challenge.

CHAPTER 69
VOTING BY ABSENT ELECTORS

715. Voting by Elector When Absent from Place of Residence or
Physically Incapacitated from Going to Polls. Any qualified elector of
this state, having complied with the laws in regard to registration, who
is absent from the county or who is physically incapacitated from at-
tending the precinct poll of which he is an elector on the day of holding
any general or special election, or primary election for the nomination
of candidates for such general election, or any municipal general, spe-
cial or primary election, may vote at any such election as hereinafter
provided.

(As amended by Chapter 234, Laws of 1943.)

716. Application of Absentee or Physically Incapacitated Person
for Ballot. At any time within thirty (30) days next preceding such elec-
tion, any voter expecting to be absent on the day of election from the

74 ELECTION LAWS OF MONTANA

county in which his voting precinct is situated or who as a result of
physical incapacity, in all probability will be unable to attend his voting-
precinct poll as made to appear by the certificate of a physician licensed
under the laws of Montana, plainly stating the nature of the physical
incapacity of the applicant, and certifying (a) that such incapacity
will continue beyond the day of the election for which the application is
made; (b) to the extent of reasonably preventing applicant from going
to the polls, bodily health considered, may make application to the
county clerk of such county, or to the city or town clerk, in the case
of a municipal, general, or primary election, for an official ballot or
official ballots to be voted at such election as an absent or physically
incapacitated voter's ballot or ballots.

(As amended by Chapter 234, Laws of 1943.)

717. Form of Application. Application for such ballots shall be
made on a blank to be furnished by the county clerk of the county of
which the applicant is an elector, or the city or town clerk, if it be
municipal, general, special or primary election, and shall be in sub-
stantially 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 said county or, in all probability, to be physically incapa-
citated from going to my precinct poll on the day for holding such
election, hereby make application for an official ballot to be voted by
me at the said election.

Postoffice address to which ballot is to be mailed

State of 1

> ss.
County of J

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 application, that he has read and knows contents
of same and knows to his own knowledge the matters and things there-
in stated are true.

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

(As amended by Chapter 234, Laws of 1943.)

718. Transmission of Application to County Clerk — Delivery of
Ballot. 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 or physically incapacitated voter's ballot and
the registration card and if convinced the person making the applica-
tion for absent or physically incapacitated 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 pro-
vided in Section 719.

(As amended by Chapter 234, Laws of 1943.)

ELECTION LAWS OF MONTANA 75

719. Duty of Clerk to Deliver Application or Ballot. Such applica-
tion 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 de-
livered to any elector upon application made personally at the office
of such County or City or Town Clerk; provided, however, that no elector
shall be entitled to receive such a ballot on election day, nor unless his
application is made to or received by the County or City or Town Clerk
before the delivery of the official ballots to the judge of election.

720. Mailing Ballot to Elector — Form of Return and Affidavit.

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 prepaid, one official
ballot, or if there be more than one ballot to be voted by an elector
of such precinct, one of each kind, and shall inclose with such ballot
or ballots an envelope, to be furnished by such county or city or town
clerk, which envelope shall bear upon the front thereof the name, of-
ficial title and postoffice address of such county or city or town clerk,
and upon the other side a printed affidavit, in substantially the fol-
lowing form:

"State of 1

I- ss.
County of J

"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 or, in all probability, to be physicall incapacitated from going to
my precinct poll on the day of holding such election and that I will
have no opportunity to vote in person on that day.

"Subscribed and sworn to before me this day of

19 ; and I hereby certify that the affiant

exhibited to me the enclosed ballot or ballots for inspection before
marking, and that the same was (or were) then unmarked and that
he then in my presence, and in the presence of no other person, and in
such manner that I could not see his vote, marked said ballot (or ballots)
and inclosed 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.

(As amended by Chapter 234, Laws of 1943.)

721. Marking and Swearing to Ballot by Elector. 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 officer authorized by the laws of this
state to take acknowledgments 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

76 ELECTION LAWS OF MONTANA

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
or physically incapacitated voter, postage prepaid, or delivered to the
county or city or town clerk, as the case may be.

(As amended by Chapter 234, Laws of 1943.)

722. Disposition of Marked Ballot Upon Receipt by Clerk. Upon
receipt of such envelope, such county or city or town clerk shall forth-
with inclose the same, unopened, together with the written application
of such absent voter or physically incapacitated voter in a larger en-
velope, which shall be securely sealed and indorsed with the name of
the proper voting precinct, the name and official title of such clerk,
and the words "This envelope contains an absent or physically incapaci-
tated 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.

(As amended by Chapter 234, Laws of 1943.)

723. Delivery or Mailing of Ballots to Election Judges. In case
such envelope is received by such clerk prior to the delivery of the
official ballots to a judge of election of the precinct in which such
absent or physically incapacitated voter resides, said larger envelope,
containing 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 the official ballots of the precinct shall be delivered, and at
the same time. In case the official ballots for such precinct shall have
been delivered to the judge of election prior to the time of the receipt
by the said clerk of said absent or physically incapacitated voter's
envelope, such clerk shall immediately after inclosing such voter's en-
velope and his application in a larger envelope, and after endorsing
the latter as provided in the foregoing section, address and mail the
larger envelope, postage prepaid, to the said judge of election of said
precinct, as hereinafter further provided.

(As amended by Chapter 234, Laws of 1943.)

724. Clerk to Keep Record of Ballots and Issue Certificate. The

ballot or ballots to be delivered or marked by such absent or physically
incapacitated 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 fol-
lowing consecutively, according to the number of applications for such
absent or physically incapacitated voter ballots. The county or city or
town clerk shall keep a record of all ballots so delivered for the pur-
pose of absent voting, or voting by persons physically incapacitated
from going to the polls, 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 number
of ballots delivered or mailed to absent or physically incapacitated
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.
(As amended by Chapter 234, Laws of 1943.)

725. Duty of Election Judges — Poll-Lists, Numbering Ballots and
Rejected Ballots. 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
or physically incapacitated voters, as shown by the certificate of the
county or city or town clerk, the fact that such ballots were issued to
absent or physically incapacitated voters, and shall reserve said num-

ELECTION LAWS OF MONTANA 77

bers for the absent or physically incapacitated voters. The notation may
be made by writing the words "absent or physically incapacitated
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 certificate
of the county or city or town clerk, and the number of his ballot. Any
so rejected shall be placed together with ,the voter's application and
the absent or physically incapacitated 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 or physically inca-
pacitated voter ballots" numbered , and shall put thereon

the number of the ballots given to absent or physically incapacitated
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 or physically incapacitated voter whose ballot or ballots may
have been rejected, and such envelopes shall be placed in an envelope
together with the other ballots, and shall not be opened without order
of a court of competent jurisdiction.

(As amended by Chapter 234, Laws of 1943.)

726. Voting Before Election Day by Prospective Absentee, or
Physically Incapacitated Elector. Any qualified elector who is present
in his county after the official ballots of such county have been printed
and who has reason to believe that he will be absent from such county
on election day, or physically incapacitated as provided in Section 716
may vote before he leaves his county or prior to the inception of such
physical incapacity, in like manner as an absent or physically incapaci-
tated 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.

(As amended by Chapter 234, Laws of 1943.)

727. Envelopes Containing Ballots — Deposit in Box and Rejection
of Ballot. 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 voter
to such application, with the signature to such affidavit.

In the case the judge finds the affidavit is sufficient and that the
signatures correspond, and that the applicant is then a duly qualified
elector of such precinct, and has not voted at such election, they shall
open the absent or physically incapacitated 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 per-
mitting the same to be opened, or examined, shall ascertain whether
the stub or stubs is or are still attached to the ballot or ballots, and
whether the number thereon corresponds to the number in the county
or city or town clerk's certificate. If so, they shall endorse the same
in like manner that other ballots are endorsed, shall detach the stub
as in other cases, and deposit the ballot or ballots in the proper ballot-
box or boxes, and make in their election list and books the proper
entries to show such elector to have voted. In case such affidavit
is found to be insufficient, or that the said signatures do not correspond,
or that such applicant is not then a duly qualified elector of such pre-
cinct, such vote shall not be allowed, but without opening the absent or
physically incapacitated voter envelope, the judges of such election shall
mark across the face thereof "rejected as defective" or "rejected as not
an elector" as the case may be. The absent or physically incapacitated
voter envelope, when such absent vote or vote by a person physically

78 ELECTION LAWS OF MONTANA

incapacitated from going to the polls is voted, and the absent or physical-
ly incapacitated voter envelope with its contents, unopened, when such
absent vote or vote by a person physically incapacitated from going to
the polls is rejected, shall be deposited in the ballot-box containing
the general or party ballots, as the case may be, retained and pre-
served in the manner by law provided for the retention and preserva-
tion of official ballots voted at such election. If, upon opening the
absent or physically incapacitated 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 or physically incapacitated
voter, the ballot shall be rejected, and it shall then and there, and with-
out 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 or physically incapacitated 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 or physically incapacitated
voter" (writing in the name of the elector). "The rejected ballot or bal-
lots is or are " The judges shall designate the rejected

ballot as "general ballot", if it be a ballot for candidates that be re-
jected. If the rejected ballot be a one put on a question submitted to
the vote of the electors, the judges shall designate such ballot as ballot

question No in the certifcitae on the envelope. There shall be

a separate enclosing envelope for the ballot or ballots of each absent
or physically incapacitated 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 jurisdiction.
The county or city or town clerk shall provide and have delivered to
the judge of election suitable envelopes for enclosing rejected absent
or physically incapacitated voter's ballots.

(As amended by Chapter 234, Laws of 1943.)

728. Transmission of Ballot by Special Delivery. Whenever the
county or city or town clerk shall mail the envelope containing an
absent or physically incapacitated voter's envelope and ballots, as pro-
vided 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 de-
livery letter, in accordance with the postal laws of the United States
and the regulations of the United States postoffice.

(As amended by Chapter 234, Laws of 1943.)

729. Voting in Person by Elector on Election Day. Any qualified
elector who has marked his ballot as hereinbefore provided, who shall
be in his precinct on election day, shall be permitted to vote in person,
provided his said ballot has not already been deposited in the ballot-box.

730. Procedure When Elector Is Present After Marking Absent or
Physically Incapacitated Voter Ballot. In case any elector who shall have
marked his ballot as an absent or physically incapacitated 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 hereinbefore 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 or physically inca-
pacitated voter envelope shall not be opened, and the judges shall mark,

ELECTION LAWS OF MONTANA 79

or cause to be marked, across the face thereof, "unopened because voter
appeared and voted in person", and then deposit the said envelope,
unopened, in the ballot-box. If the envelope containing the absent or
physically incapacitated 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 or physically incapacitated voter. If voting machines are
there used, he shall vote by machine as other voters.

(As amended by Chapter 234, Laws of 1943.)

731. Opening of Envelopes After Deposit. If the aforesaid enve-
lope containing an absent or physically incapacitated 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.

(As amended by Chapter 234, Laws of 1943.)

732. False Swearing Perjury — Official Misconduct a Misdemeanor.

If any person shall wilfully swear falsely to any affidavit 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 affi-
davit 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 imprisonment.

733. Voting Machines — Canvass of Votes. In and for precincts
where voting machines are to be used, the county or city or town clerk
shall cause to be printed and shall provide ballots in the regular form
of printed ballots, and sufficient printed ballots and sufficient in num-
ber for possible absent or physically incapacitated voters, and also poll-
books and ballot-boxes such as lists required for the precincts in which
printed ballots are used. Absent or physically incapacitated 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, canvassing, counting and returning of such ballots and votes,
except as herein otherwise provided. In making the canvass, the votes
cast by absent or physically incapacitated voters shall be added by the
judges of election to the votes cast on the vo'ting machines, and the
results determined and reported accordingly.

(As amended by Chapter 234, Laws of 1943.)

734. Duty of Elector If Present on Election Day. In case any
elector who shall have taken advantage of the provisions of this act,
and marked his ballot as an absent or physically incapacitated voter,
as in this act provided, shall not leave his county, or shall return thereto
or shall have recovered physical capacity to go to the polls 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 to
present himself to the judges of election at said voting place, and if he
shall wilfully neglect so to do he shall be deemed guilty of a misdemeanor
and, upon conviction thereof, shall be punished by a fine of not more
than one hundred ($100.00) dollars or by imprisonment not more than
thirty (30) days in the county jail or both such fine and imprisonment.
If such an elector so appears the judges of election shall note in the

80 ELECTION LAWS OF MONTANA

poll-books and lists the fact of his appearance as well as whether or
not he voted in person.

(As amended by Chapter 234, Laws of 1943.)

735. Violation of Law by Elector or Officer Outside of State-
Change of Venue. If any elector of this State or any other person or
any officer shall, in any matter connected with voting outside of the
State under the provisions of this law, in any manner violate any of the
provisions of this Act, or of any of the election or penal laws of this
State applicable to voting under this Act, in such manner that such
violation would constitute an offense if committed within the State, then
and in such case such elector, person, or officer shall be deemed guilty
of a like offense, and be punishable to the same extent and in the same
manner as if the act, omission, or violation had been committed 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 resi-
dent of the State he may have the case removed to the county in which
the ballot was cast, or was to be cast, if not, in fact cast; and provided,
further, that the court may order any such case removed to such county,
subject always to the power of the court of any county to grant a
change of venue as in other cases.

VOTING BY QUALIFIED AND REGISTERED ELECTORS ABSENT

FROM THE STATE WHO ARE MEMBERS OF THE LAND

OR NAVAL FORCES OF THE UNITED STATES

CHAPTER 101

Laws of 1943

AN ACT TO PROVIDE A METHOD OF VOTING AT ANY GENERAL
ELECTION HELD WITHIN THE STATE OF MONTANA BY
DULY QUALIFIED AND REGISTERED ELECTORS ABSENT
FROM THE STATE AND WHO ARE MEMBERS OF THE LAND
OR NAVAL FORCES OF THE UNITED STATES, INCLUDING
MEMBERS OF THE ARMY NURSE CORPS, THE NAVY NURSE
CORPS, THE WOMEN'S NAVY RESERVE, THE WOMEN'S
ARMY AUXILIARY CORPS, AND SUCH OTHER BRANCHES OF
THE LAND OR NAVAL FORCES AS MAY BE ORGANIZED
HEREAFTER BY THE GOVERNMENT OF THE UNITED
STATES, AND FURTHER PROVIDING A LIKE METHOD OF
VOTING BY PERSONS ENGAGED IN THE ACTUAL SERVICE
OF THE AMERICAN NATIONAL RED CROSS ASSOCIATION,
OR THE UNITED SERVICE ORGANIZATIONS OR ANY
SIMILAR ORGANIZATION AUXILIARY TO THE LAND AND
NAVAL FORCES, RECOGNIZED BY THE GOVERNMENT OF
THE UNITED STATES, PRESCRIBING THE DUTIES OF THE
COUNTY CLERK IN THE RESPECTIVE COUNTIES IN THE
STATE; PRESCRIBING THE DUTIES OF THE SECRETARY OF
STATE IN CONNECTION THEREWITH; PRESCRIBING THE
DUTIES OF THE STATE BOARD OF CANVASSERS AND THE
COUNTY BOARD OF CANVASSERS; PROVIDING FOR THE
PENALTY FOR VIOLATIONS OF THE PROVISIONS OF THIS
ACT; AND REPEALING ALL ACTS AND PARTS OF ACTS IN
CONFLICT HEREWITH.

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

Section 1. Any qualified duly registered elector of this State, who
is absent from the State of Montana and the county of which he is an
elector on the date of holding any general election, and who is a mem-
ber of the land or naval forces of the United States, including members
of the Army Nurse Corps, the Navy Nurse Corps, the Women's Navy
Reserve, the Women's Army Auxiliary Corps, and such other branches
of the land or naval forces as may be organized hereafter by the Gov-

ELECTION LAWS OF MONTANA 81

ernmen't of the United States, any qualified duly registered elector of
this State, who is absent from the State and county of which he is an
elector and who is engaged in the actual service of the American Na-
tional Red Cross Association, or the United Service Organizations or
any similar organization auxiliary to the land or naval forces, recog-
nized by the Government of the United States, shall be entitled to vote
as fully as if he were present at his place of residence in the manner
hereinafter provided.

Section 2. Within thirty (30) days after the approval of this Act,
and each thirty (30) days following, and thereafter not later than five
(5) days after the General Primary Election held preceding the General
Election, and each ten (10) days thereafter until the General Election,
the County Clerk of each and every county within the State of Montana
shall make out and forward by registered mail to the Secretary of the
State a separate list of the names of all persons who are qualified
registered electors known by him to be in the actual service of the Army
or Navy of the State of Montana or of the United States of America or
any of the organizations mentioned in Section 1 of this Act, and also
the names of all persons proven to him to be so engaged by the affidavit
of two qualified electors residing within the county.

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

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

It is herebv made the dutv of everv public officer and every citizen
to furnish to the Secretarv of State such information as he may possess
relating to such absent voter.

Section 4. It is herebv made the dutv of the Secretary of State,
immediately and within twentv-four (24) hours after the canvass of
the returns for State offices shall have been completed of anv General
Primary Election, to transmit by telegram to each of the several Countv
Clerks of the State of Montana the names of anv and all candidates of
each and everv political party which may be entitled to be printed on
the official ballot for the General Election to be held within the State of
Montana.

Section '5. It is herebv made the dutv of the County Clerks of the
several counties of the State of Montana to have prepared and printed
the official ballot to be used at the General Election not more than ten
(10) days after the canvass and return of the General Primary Election
and receipt by him from the Secretary of State of the names of persons
to be printed on the official ballots to be used in said General Elections.

82 ELECTION LAWS OF MONTANA

Section 6. It is hereby made the duty of the Secretary of State
within ten (10) days after a General Primary Election, and every ten
(10) days thereafter until the General Election, to notify the County
Clerks of the several counties of the State of Montana, the number of
absent voters as shown by the register in this Act provided for, in each
of the several counties. The County Clerk of each county shall forward
to the Secretary of State one (1) official ballot for each of said persons
so absent from the county in which he resides, and which said official
ballot shall bear endorsed in the proper place as provided by law the
stamp showing that said ballot is an official ballot and shall have
stamped across the face thereof the words, "Ballot of absent voter
engaged in War Service." The County Clerk of each county shall not
later than ten (10) days after he shall have been notified of the result
of the General Primary Election held preceding the General Election,
and every ten (10) days thereafter until the General Election, send to
the Secretary of State by registered mail, postage prepaid, one (1)
official ballot, or if there be more than one (1) ballot to be voted by
the elector of such county, one (1) of each kind, for each of said voters.

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

SECRETARY OF STATE,

Helena,

H

Montana.

O

-

$

03

£

<

£

i

>■*

0

p

E

0

«

c

3
o

1

fe

0

0

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

OATH OF ELECTOR

I do solemnly swear or affirm that I am a citizen of the United
States and am now of the age of years and that I am a resi-
dent of the County of , State of Montana, and was

such resident at the time of my entry in the Military service of the
United States, or service organizations provided in this Act, and am
entitled to vote in such County at the General Election to be held in

the State of Montana on the day of November,

That I am at the present time engaged in the actual service of the

(Here insert branch of Service engaged in) and

absent from the State of Montana by reason of such service and that

ELECTION LAWS OF MONTANA 83

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

Signature of Elector.

I, the undersigned do hereby certify that the affiant whose name
is subscribed to the foregoing affidavit was sworn to by and before me
and that said affiant exhibited to me the enclosed ballot (or ballots) for
inspection before marking and that the same was (or were) then un-
marked, and that he then, in the presence of myself and 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. Dated this day of

, 19 , at o'clock M.

(Title of officer making certificate.)

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

Section 9. Every elector authorized by the provisions of this Act
may cast his ballot at anv time before six (6) o'clock P. M. of the
day on which said General Election will be held.

Section 10. The Secretary of State shall, within forty-eight (48)
hours after the receipt of the official ballots and envelopes, as provided
for in this Act from the several County Clerks, cause the official ballot
or ballots and envelopes so received, to be enclosed in a separate en-
velope and addressed to the qualified elector to be deposited in the
United States mail such ballot addressed to such qualified electors, to
be forwarded to them through such channels and in such manner as
may have been directed by the Military authorities of the Government
of the United States or be best suited to secure their safe and timely
delivery for the use of the voters.

Section 11. Upon receipt of the envelope containing the ballot of
any elector by the Secretary of State, he shall, if the same be received
by him five (5) days before the date of the General Election, forward
the same unopened in a large envelope by registered mail to the County
Clerk of the county in which such elector resides and the County Clerk
of the county in which such elector resides shall forthwith enclose the

84 ELECTION LAWS OF MONTANA

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

Section 12. If the envelope containing the vote of an absent voter
be received by the Secretary of State on or after five (5) days preceed-
ing the day of General Election, and on or before the first Monday in
December following the General Election, such envelope containing the
ballot of such absent voter shall, by said Secretary of State, unopened,
be deposited with the State Treasurer, who shall retain the envelopes
containing such ballots until the first Monday in December, succeeding
the General Election. On the first Monday of December, the State Can-
vassing Board shall convene at the State Capitol and shall in public,
at the hour of twelve o'clock noon open the envelopes and packages
so received and proceed to canvass said vote for all persons or meas-
ures voted for in the manner provided by law. The State Board of Can-
vassers shall cause to be transmitted, by the Secretary of State to the
County Clerks of each county a complete statement of the votes cast
for each person as shown by the canvass of said vote, and the vote so
received by each candidate shall be added to the total vote received by
said person, as shown by the County Board of Canvassers, or the State
Board of Canvassers.

Section 13. If the envelope containing the vote of an absent voter
be received by the Secretary of State after the first Monday in Decem-
ber following the General Election, and on or before the fourth Monday
in December following the General Election, such envelope containing
the ballot of such absent voter shall, by the Secretary of State, unopened,
be deposited with the State Treasurer, who shall retain the envelopes
containing such ballots until the fourth Monday in December succeeding
the General Election. On the fourth Monday of December following the
General Election, the State Canvassing Board shall convene at the
State Capitol and shall in public at the hour of twelve o'clock noon open
the envelope and packages so received and proceed to canvass said
vote for all persons or measures voted for in the manner provided for by
Law. The State Board of Canvassers shall cause to be transmitted by
the Secretary of State to the County Clerks of each county a complete
statement of the votes cast for each person as shown by the canvassing
of said vote and the vote so received by each candidate shall be added
to the total vote received by said person as shown by the prior official
canvass. At the meeting of the State Canvassing Board on the first
Monday in December following the General Election and on the Fourth
Monday in December following the General Election, the State Canvass-
ing Board shall proceed to canvass such statements and returns of the
absent voters' ballots herein provided for and shall from such statements
and returns, together with the statements and returns theretofore
made of such election, make new and separate statements of the votes
cast in each county or any part thereof as shown by 'the canvass ofi
such vote and shail complete their canvass and make the statements
provided for in this Act, and they shall not until the fourth Monday
in December following the General Election finally determine the result
of the election, but nothing herein shall prevent any County Board of
Canvassers or State Board of Canvassers from proceeding as provided
by law except to such final determination. Such meeting or meetings
of the Board of County Canvassers or State Canvassers shall be deemed
a continuation of its regular session.

ELECTION LAWS OF MONTANA 85

Section 14. The County Board of Canvassers of each county of
the State shall convene at the County Seat of their respective counties
on the last day of December or as soon as the final returns shall have
been received from the Secretary of State, but not later than the Sat-
urday preceding the first Monday in January following the General
Election and shall from the returns theretofore canvassed by them,
together with such statements and returns as shall have been received
from and certified to by the Secretary of State of Montana make new
and separate statements of the votes cast in such county or any part
thereof and shall complete their canvass and make the final statements
provided for by law, and they shall not until such meeting finally
determine the result of the election, but nothing herein shall prevent
the County Board of Canvassers from proceeding as provided by law
for canvassing the returns of such election. Such meeting or meetings of
the Board of County Canvassers shall be deemed a continuation of its
regular session.

Section 15. The County Board of Canvassers and the State Board
of Canvassers shall each, in the determination of the number of votes
received by any person for any office, add the total number of votes
received by such person at the General Election and canvassed by said
Boards in the manner provided by law, the number of votes received
by any such person as canvassed by the State Board of Canvassers and
the total number of votes so received by any person as a candidate for
any office of the State of Montana, shall be the number of votes de-
clared and determined by the County Board of Canvassers or the State
Board of Canvassers, and they shall thereupon declare such person
elected as shown by such vote and shall order issued thereto certificates
of election.

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

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

Section 18. No mere informality in the matter of carrying out or
executing the provisions of this Act shall invalidate the election or
authorize the rejection of the returns thereof and the provisions of
this Act shall be liberally construed for the purposes herein expressed
and intended. All the provisions of the penal law of the State of Mon-
tana relating to crime against the elective franchise shall be deemed to
apply to the provisions of this Act. .

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

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

86 ELECTION LAWS OF MONTANA

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

Section 22. If any Section, subdivision, sentence or clause of this
Act is held to be unconstitutional or inoperative by a court of competent
jurisdiction, such decision shall not affect the validity of the remaining
portions of this Act.

Section 23. All Acts or parts of Acts in conflict herewith are
hereby repealed.

Section 24. This Act shall be in full force and effect from and
after its passage and approval.
Approved February 26, 1943.

CHAPTER 70

757. Voting Machines — Secretary of State. It shall be the duty
of the Secretary of State to examine, or cause to be examined, all voting
or ballot machines in order to determine whether such machines comply
with the requirements of Chapter 70, Political Code, Revised Codes of Mon-
tana, 1935, and can safely be used by voters at elections under the pro-
visions of said chapter, and no machine or machines shall be provided
or used at any election in this state unless such machine or machines
shall have received the approval of the Secretary of State as herein
provided. The Secretary of State may employ two qualified mechanics,
who shall be qualified electors of the State of Montana, to examine said
machines and assist him in the discharge of his duties under said
chapter, the compensation to be paid such qualified mechanics not to
exceed the sum of ten dollars ($10.00) each for each day actually em-
ployed. Any machine or machines which shall have the approval of
the Secretary of State may be provided for in this chapter. The report
of the Secretary of State on each and every kind of voting machine
shall be filed in his office within thirty days after examining the ma-
chine, and he shall, within five days after the filing of any report ap-
proving any machine or machines transmit to the Board of County
Commissioners, city or town council or other board of officers having
charge and control of elections in each of the counties, cities and towns
in this state, a list of the machines so approved. No machine or ma-
chines shall be used unless they shall have received the approval of the
Secretary of State at least sixty days prior to any election at which such
machine or machines are to be used. The compensation of the mechanics
and all other expenses connected with the examination of any machine
shall be paid, or caused to be paid, by the person or company sub-
mitting a machine for examination before the filing of the report there-
on. The amount of such expenses shall be certified by the state auditor
and paid to the state treasurer.

(As amended by Chapter 19, Laws of 1943.)

758. Specifications of Machines Required. No machine or ma-
chine system shall be approved by the Secretary of State unless it is
so constructed as to afford every elector a reasonable opportunity to
vote for any person for any office, or for or against any proposition
for whom, or for or against which he is entitled by law to vote, and
enable him to do this in secrecy; and it must be so constructed as to
preclude an elector for voting for any candidate for the same office or
upon any question more than once, and from voting for any person
for any office or on any proposition, for whom or on which he is not
entitled to vote. The machine or machine system must admit of his
voting a split ticket as he may desire. It must also be constructed as
to register or record each and every vote cast. For presidential electors

ELECTION LAWS OF MONTANA 87

one device may be provided for voting for all the candidates on 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 for that party, and a vote regis-
tered or recorded by the use of such device shall be counted for each
of such condidates on said ballot. The machine must be so constructed
that it cannot be tampered with or manipulated for any fraudulent
purpose; and the machine must be so locked, arranged, or constrvcted,
that during the progress of the voting no person can see or know1
the number of votes registered or recorded for any candidate or for
or against any proposition.

(As amended by Chapter 19, Laws of 1943.)

759. Purchase and Use of Voting Machines at Elections. The

Board of County Commissioners of counties of the first class shall, and
the Boards of County Commissioners of other counties and City Coun-
cils of all cities and towns, may, at their option, adopt and purchase,
for use in the various precincts, any voting machine approved in the man-
ner above set forth in this Act, by the Voting-Machine Commission, and
none other. If it shall be impracticable to supply each and every elec-
tion 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.

760. Payment for Machines, How Provided for. Payment for
voting machines purchased may be provided by the issuance of interest-
bearing bonds, certificates of indebtedness, or other obligations, which
will be a charge upon such county, city, or town. Such bonds, certifi-
cates, 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.

761. Method of Conducting Elections. The room in whcih the elec-
tion 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 ma-
chine shall be so placed that no person on the opposite side of the rail-
ing 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 situ-
ated, except for the purpose of voting and except as provided in the
next succeeding section of this Act; and they shall not permit more
than one voter at a time to be in such part of the room. They shall not
themselves remain or permit any person to remain in any position that
would permit him or them to see or ascertain how the voter votes or
how he has voted. No voter shall remain within the voting machine
booth or compartment longer than one minute, and if he should refuse
to leave it after that lapse of time he shall at once be removed by the
judges. The election board of each election precinct in which a voting
machine is used shall consist of three judges of election. Where more
than one machine is to be used in an election precinct, one additional
judge shall be appointed for each additional machine. Before each elec-
tion at which voting machines are to be used, the custodian shall in-
struct all judges of election that are to serve thereat in the use of the

88 ELECTION LAWS OF MONTANA

machine and their duties in connection 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 re-
ceive 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 election day. No such judge of election
shall serve in any election at which a voting machine is used, unless
he shall have received such instruction and is fully qualified to perform
his duties in connection with the machine, and has received a certificate
to that effect from the custodian of the machines; provided, however,
that this shall not prevent the appointment of a judge of election to fill
a vacancy in an emergency.

762. Assistance to Elector Unable to Record Vote. If any voter
shall, in the presence of the judges of election, declare that he is unable
to read or write the 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 in-
formation to any person as to what ticket or for what person or persons
such person voted, shall be punished as provided in Section 10753 of
the Penal Code.

763. Ballots and Instructions to Voters. Not more than ten (10)
or less than three (3) days before each election at which voting ma-
chines are to be used, the board, or officials, charged with the duty of
providing ballots, shall publish in newspapers representing at least
(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 demon-
stration 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 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 other-
wise 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 eelction 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 or 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 to the custodian for testing and preparing the voting
machines for the election; one certificate on which the custodian can
certify that he has properly tested and prepared the voting machine for
the election; one certificate on which some person other than the cus-
todian preparing the machine, can certify that the voting machine has
been examined and found to have been properly prepared for the elec-
tion; one certificate on which the party representatives can verify that

ELECTION LAWS OF MONTANA 89

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 ma-
chine; two seals for sealing the voting machine; one envelope in which
the keys to the voting machine can be sealed and delivered to the elec-
tion officers, said envelope to have printed or written thereon the desig-
nation and location of the election district in which the machine is to
be used, the number of machine, the number shown on the protective
counter thereof after the machine has been prepared for the election
and the number or other designation on such seal as the machine is
sealed with; said envelope to have attached to it a detachable receipt
for the delivery of the keys of the voting machine to the judge of elec-
tion; 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 state-
ments of canvass on which the election officers can report the canvass
of the votes as shown on the voting machine, together with other neces-
sary 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 in-
struction meeting, have received the necessary instruction, and are
qualified to conduct the election with the machine. The ballot labels
shall be printed in black ink on clear white material of such size and
arrangement as shall suit the construction of the machine; provided,
however, that the ballot labels for the questions may contain a con-
densed 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 candidate will
be voted for for an office, there shall be printed below the office title
thereof the words "vote for any two," or such number as the voter is
lawfully entitled to vote for such office. When any person is nominated
for an office by more than one political party his name shall be placed
upon the ticket under the designation of the party which first nomi-
nated 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 nomina-
tion, file with the officer with whom his certificate of nomination is
required to be filed, a written statement indicating the party designa-
tion 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 state-
ment, the officer with whom the certificate of nomination is required
to be filed shall place his name under the designation of either of the
parties nominating him, but under no other designation whatsoever.
If the election be one at which all the candidates for office of Presiden-
tial Electors are to be voted for with one device, the County Commis-
sioners shall furnish for each machine twenty-five (25) ballots for each
political party, each ballot containing the names of the candidates for
the office of Presidential Electors of such party and a suitable space
for writing in names, so that the voter can vote thereon for part of the
candidates for the office of Presidential Electors of one party and part
of the candidates therefor of one or more other parties or for persons for
that office not nominated by any party. For election precincts in which
voting machines are to be used, no books or blanks for making poll-
lists shall be provided, but in lieu thereof, the registry lists shall con-
tain a column in which can be entered the number of each voter's bal-
lot as indicated by the number registered on the public counter as he
emerges from the voting machine.

90 ELECTION LAWS OF MONTANA

764. City and County Clerks to Set Up Machines for Use. The City
or County Clerks of each city or county in which a voting machine is to
be used shall cause the proper ballots to be put upon each machine
corresponding with the sample ballots herein provided for, and the
machines in every way put in order, set and adjusted ready for use in
voting when delivered at the precinct, and for the purpose of so labeling
the machines, putting in order, setting and adjusting the same, they
may employ one or more competent persons, and they shall cause the
machine so labeled, in order and set and adjusted, 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; pro-
vided, 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 number of votes cast at the previous gen-
eral 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 bal-
lots 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 volumn 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 the counters, if any, in the machine are set at
zero, and that the machine is otherwise in perfect order, and they shall
not thereafter permit the machine to be operated or moved except by
electors in voting, and they shall also see that all necessary airangements
and adjustments are made for voting irregular ballots on the machine,
if such machine be so arranged.

765. Irregular Ballots. In case a voting machine be adopted which
provides for the registry or recording of votes for candidates whose
names are not on the official ballot, such ballot shall be denominated
irregular ballots. A person whose name appears on a ballot, or on or in
a machine 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
nominated by any one or all other parties, or for one or more person
nominated by one or more parties with one or more persons not in
nomination, or he may vote in such irregular device a Presidential
Electoral ticket composed entirely of names of persons not in nomina-
tion.

766. Counting the Votes. As soon as the polls of the election are
closed the judges shall immediately lock the machine, or remove the
recording device so as to provide against voting, and open the register-
ing or recording 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, an-
nounce, and return the same as provided by law.

767. Election Returns. The judges, as soon as the count is com-
pleted and fully ascertained, shall place the machine for one hour in
such a position that the registering or recording compartments will be
in full view of the public and any person desiring to view the number

ELECTION LAWS OF MONTANA 91

of votes cast for each person voted for at the election, must be per-
mitted to do so. Immediately after the above said one hour snail have ex-
pired 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 juris-
diction. 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 return blanks shall furnish suitable return blanks and certificates
to the officers of election. Such return sheets shall have each candi-
date's name designated by the same reference character that said can-
didate's name bears on the ballot labels and counters, and shall make
provision for writing in of the vote of such candidate in figures and
shall also provide for writing in of the vote in words. Such return sheet
shall also provide for the return of the vote on questions. It shall also
have a blank thereon, on which can be marked the precinct, ward, etc.,
of which said return sheet bears the returns and the number and make
of the machine used. Said return sheet shall also have a certificate
thereon, to be executed before the polls open by the judges of election,
stating that all counters except the protective counter, if any, and ex-
cept 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 cor-
rectly placed on the machine and correspond to the sample ballot, and
such other statements as the particular machine may require; and shall
provide for the signature of the election officers. Said return sheets
shall also have thereon a second certificate stating the manner of clos-
ing the polls, the manner of verifying the returns, that the foregoing
returns are correct, giving the indication of the public counter, and
poll-list, and protective counter, if any, at the close of the election.
Such certificate shall properly specify the procedure of canvassing the
vote and locking the machine, etc., for the particular type of machine
used, and such certificate shall be such that the election officers can
properly subscribe to it as having been followed and shall have provi-
sions for the signature of the election officers. The election officers
shall conform their procedure to that specified in the certificate to
which they must certify. The certificate and attest of the election
officers shall appear on each return sheet.

768. Election Laws Applicable. All laws of this State applicable to
elections where voting is done in another manner than by machine,
and all penalties prescribed for violation of such laws, shall apply to
elections and precincts where voting machines are used, in so far as
they are not in conflict with the provisions of this chapter.

769. Penalty for Neglect of Duty by Election Officer. 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 punishment is not otherwise pro-
vided herein, shall, upon conviction, be imprisoned in the state prison
for not less than one year or more than three years, or be fined in any
sum not exceeding One Thousand Dollars, or may be punished by both
such imprisonment and fine.

770. Penalty for Tampering With or Injuring Machines. Any

person not being an election officer who, during any election or before

92 ELECTION LAWS OF MONTANA

any election, after a voting machine has had placed upon it the ballots
for such election, shall tamper with such machine, disarrange, deface, in-
jure, or impair the same in any manner, or mutilate, injure, or destroy
any ballot placed thereon or to be placed thereon, or any otner appliance
used in connection with such machine, shall be imprisoned in the state
prison for a period of not more than ten years, or be fined not more
than One Thousand Dollars, or be punished by both such fine and
imprisonment.

771. Penalty for Violation of Duty by Judge of Election. Who-
ever, being a judge of election, with intent to permit or cause any
voting machine to fail to correctly register or record any vote cast
thereon, tampers with or disarranges such machine in any way, or any
part or 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 votes cast
for one ticket, candidate, or proposition were cast for another ticket,
candidate, or proposition, removes, changes, or mutilates any ballot
on said machine, or any part thereof, or does any other like thing,
shall be imprisoned in the state prison not more than ten years, or fined
not exceeding One Thousand Dollars, or punished by both such fine and
imprisonment.

772. Penalty for Fraudulent Returns or Certificates. Any judge
or clerk of an election who shall purposely cause the vote registered or
recorded on or in such machine to be incorrectly taken down as to any
candidate or 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, being done, shall be imprisoned in the state prison not more than
ten years, or fined not more than One Thousand Dollars or punished by
both such fine and imprisonment.

773. Experimental Use of Machines — Defective Machines. The

proper officers authorized by Section 759 to adopt voting machines,
may provide for the experimental use at an election of a machine or
machines, approved by the Secretary of State, in one or more precincts,
without a formal adoption or purchase thereof, and the use thereof 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 case of
emergency herein provided for, and in such case only.

(As amended by Chapted 19, Laws of 1943.)

CHAPTER 19

Laws of 1943

4. All voting machines heretofore approved in accordance
with the provisions of said Sections 757 and 758 prior to the amend-
ment thereof by this act, and now owned and used by any of the
several counties, cities or towns in this state, may be continued in use
by such counties, cities and towns without the same being required to
be again approved by the Secretary of State in accordance with the
provisions of said sections as hereby amended.

ELECTION LAWS OF MONTANA 93

CHAPTER 71
ELECTION RETURNS

774. Canvass to Be Public and Without Adjournment. As soon as
the polls are closed, the judges must immediately proceed to canvass
the votes given at such election. The canvass must be public in the
presence of bystanders and must be continued without adjournment
until completed and the result thereof is publicly declared.

775. Mode of Canvassing. The canvass must commence by a
comparison of the poll-lists from the commencement, and the correc-
tion of any mistakes that may be found therein, until they are found
to agree. The judges must then take out of the box the ballots un-
opened except to ascertain whether each ballot is single, and count the
same to determine whether the number of ballots corresponds with the
number of names on the poll-lists. If two or more ballots are found
so folded together as to present the appearance of a single ballot, they
must be laid aside until the count of the ballots is completed, and if,
on comparing the count with the poll-lists and further considering the
appearance of 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.

776. Where Ballots Are in Excess of Names on Check-List. 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.

777. What Ballots Must Be Counted. In the canvass of the votes,
any ballot which is not endorsed as provided in this Code by the offi-
cial 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.

778. Ascertaining the Number of Votes Cast and Persons Voted
for. The ballots and poll-lists agreeing or being made to agree, the
judges must then proceed to count and ascertain the number of 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 distinctly read aloud
by the judge who opens the ballot. As the ballots are read, each clerk
must write at full length on a sheet to be known as a tally-sheet the
name of every person voted for and of the office for which he received
votes, and keep by tallies on such sheet the number of votes for each
person. The tally-sheets must then be compared and their correctness
ascertained, and the clerks must, under the supervision of the judges,
immediately 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.

779. Ballots to Be Strung and Inclosed in Sealed Envelopes. The

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

94 ELECTION LAWS OF MONTANA

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

on the ground of ," filling the blank with a brief

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

781. Poll-books — Signing and Certification of. 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.

782. The judges must, before they adjourn, enclose in a strong
envelope, securely sealed and directed to the county clerk, the check-
list, all certificates of registration received by them, the lists of the
persons challenged, both of the pollbooks, both of the tally-sheets,
and the official oaths taken by the judges and clerks of election; and
must enclose in a separate package or envelope, securely sealed and
directed to the county clerk, all detached stubs from ballots voted and
all unused ballots with the numbered stubs attached; and must also
enclose in a separate package or envelope, securely sealed and directed
to the county clerk, all ballots voted, including all voted ballots which,
for any reason, were not counted or allowed, and endorse on the outside
thereof "Ballots Voted." Each of the judges must write his name across
the seal of each of said envelopes or packages. The ballot box must
be returned to the county clerk.

(As amended by Chapter 65, Laws of 1943.)

784. Custody of Election Returns. The sealed envelope containing
the check-list, certificates of registration, poll-book, tally-sheets, oaths
of election officers, also the package or envelope containing the de-
tached stubs and unused ballots, must, before the judges adjourn, be
delivered to one of their number, to be determined by lot, unless other-
wise agreed upon.

785. Delivery to County Clerk. The judges to whom such packages
are delivered must, within twenty-four hours, deliver them, without
their having been opened, to the County Clerk, or convey the same,
unopened, to the postoffice nearest the house in which the election for
such precinct was held, and register and mail the same, duly directed
to the said clerk.

786. Filing of Ballots and Stubs by County Clerk. Upon the re-
ceipt of the packages by the County Clerk, he must file the one con-
taining the ballots voted and the one containing the detached stubs
and unused ballots, and must keep them unopened and unaltered for
twelve months, after which time, if there is no contest commenced in
some tribunal having jurisdiction about such election, he must burn
such packages, or envelopes, without opening or examining their
contents.

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

788. Disposition of Returns Prior to Canvass of Vote. The enve-
lopes 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,

ELECTION LAWS OF MONTANA 95

when he must produce them before such board, where the same shall
be opened.

789. Clerk to File in His Office Books, Papers, etc. As soon as
the returns are canvassed, the clerk must file in his office the poll-
books, lists, and the papers produced before the board from the package
mentioned in the next preceding section.

CHAPTER 72

CANVASS OF ELECTION RETURNS— RESULTS
AND CERTIFICATES

790. Meeting of County Commissioners to Canvass Returns. The

Board of County Commissioners of each county is ex-officio 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 Com-
missioners within ten days after each election, at twelve o'clock noon,
to canvass the returns.

791. In Case of Absence Certain County Officers to Act. If, at

the time and place appointed for such meeting, one or more of the
County Commissioners should not attend, the place of the absentees
must be 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 Canvassers shall always con-
sist of three acting members. The Clerk of the Board of County Com-
missioners is the Clerk of the Board of County Canvassers.

792. Canvass to Be Postponed, When. If, at the time of meeting,
the returns from each precinct in the county in which polls were opened
have been received, the Board of County Canvassers must then and
there proceed to canvass the returns; but if all the 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 messenger to the judges for the missing returns,
who must procure such returns from the judges, or any of them, and
return the same to the County Clerk. Such messenger must be paid
out of the county treasury fifteen cents per mile in going and coming.
If it appears to the board, by evidence, that the polls were not opened
in any precinct, and no returns have been received therefrom, the board
must certify to the same, and file such certificate with the County
Clerk, with the evidence, if any, who must enter the same in the
minutes and in the statement mentioned in Section 794.

793. Canvass to Be Public. The canvass must be made in public
by opening the returns and determining therefrom the vote of such
county or precinct for each person voted for, and for and against each
proposition voted upon at such election, and declaring the result there-
of. In canvassing, no returns must be rejected if it can be ascertained
therefrom the number of votes cast for each person. The fact that the
returns do not show who administered the oath to the judges or clerks
of election, or a failure to fill out all the certificates in the poll-books,
or to do or perform any other act in making up the returns, that is not
essential to determine for whom the votes were cast, is not such an
irregularity as to entitle the board to reject the same, but they must
be canvassed as other returns are.

794. Statement of the Result to Be Entered of Record. The clerk
of the board must, as soon as the result is declared, enter on the records
of such board a statement of such result, which statement must show:

1. The whole number votes cast in the county.

96 ELECTION LAWS OF MONTANA

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 of such propositions.

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

795. Plurality to Elect. The person receiving at any election the
highest number of votes for any office to be filled at such election is
elected thereto.

796. Duty of Canvassing Board — Tie Vote. The board must de-
clare 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 Representatives, it shall be the duty of the
board, under the direction of and in the presence of the District Court,
or Judge thereof, to recount the ballots cast for such persons, and the
board shall declare elected the person or persons shown by the recount
to have the highest number of votes. If such recount shall show that
two or more such persons receive an equal and sufficient number of
votes to elect to the same office, then, and in that event, the board
shall certify such facts to the Governor.

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

798. Returns for Joint Members of House of Representatives.

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

799. How Transmitted. 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 County Commissioners of the county
which stands first in alphabetical arrangement in the list of counties
composing such district.

800. Duty of Clerk Receiving Such Returns. The clerk to whom
the returns of a district are made must, on the twentieth day after such
election, or sooner, if the returns from all the counties in the district
have been received, open in public such returns, and from them and the
statement of the vote for such officers in his own county:

1. Make a statement of the vote of the district for such officers,
and file the same, together with the returns, in his office.

2. Transmit a certified copy of such statement to the Secretary of
State.

3. Make out and deliver or transmit by mail to the persons elected
a certificate of election (unless it is by law otherwise provided).

801. State Returns, How Made. When there has been a general
or special election for officers voted for by the electors of the State

ELECTION LAWS OF MONTANA 97

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.

802. How Transmitted. The clerk must seal up such abstract,
endorse it "Election Returns," and without delay transmit it by mail,
registered, to the Secretary of State.

803. State Canvassers, Composition and Meeting of Board. 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 Secre-
tary 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.

804. Messenger May Be Sent for Returns — His Duty and Compen-
sation. If the returns from all the counties have not been received on
the fifth day before the day designated for the meeting of the Board
of State Canvassers, the Secretary of State must forthwith send a
messenger to the Clerk of the Board of County Canvassers of the de-
linquent 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 Examiners,
must be paid out of the general fund of the state treasury.

805. Governor to Issue Commissions. Upon receipt of such copy
mentioned in Section 803, the Governor must issue commissions to the
persons who from it appear to have received the highest number of
votes for offices to be filled at such election. In case a Governor has
been elected to succeed himself, the Secretary of State must issue the
commission.

806. Defect in Form of Returns to Be Disregarded. No declaration
of the result, commission, or certificate must be withheld on account of
any defect or informality in the return of any election, if it can with
reasonable certainty be ascertained from such return what office is
intended and who is elected thereto.

807. Duty of Secretary of State to Print Election Laws. It is the

dutv 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 Countv Clerk, whose dutv it is to furnish each election
officer in his county with one of such copies.

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

CHAPTER 73
FADLURE OF ELECTIONS— PROCEEDINGS ON TIE VOTE

809. Tie Vote on Representative in Congress. In case of a fail-
ure, by reason of a tie vote or otherwise, to elect a Representative in
Congress, the Secretary of State must transmit to the Governor a certi-
fied statement showing the vote cast for such persons voted for, and
in case of a failure to elect, by reason of a tie vote or otherwise, the
Governor must order a special election.

98 ELECTION LAWS OF MONTANA

810. Proceedings on Tie Vote. In case any two or more persons
have an equal and highest number of votes for either Governor, Lieu-
tenant-Governor, Secretary of State, Attorney General, State Auditor,
State Treasurer, Clerk of the Supreme Court, Superintendent of Public
Instruction, or any other state executive officer, the Legislative As-
sembly, at its next regular session, must forthwith, by joint ballot of
the two houses, elect one of such persons to fill such office; and in case
of a tie vote for Clerk of the District Court, County Attorney, or for
any county officer except County Commissioner, and for any township
officer, the Board of County Commissioners must appoint some eligible
person, as in case of other vacancies in such offices; and in case of a
tie vote for County Commissioner, the District Judge of the county
must appoint an eligible person to fill the office, as in other cases of
vacancy.

811. Tie Vote on State Officers. In case of a tie vote for state
officers, as specified in the preceding section, it is the duty of the Sec-
retary of State to transmit to the Legislative Assembly, at its next
regular session, a certified copy of the statement showing the vote
cast for the two or more persons having an equal and the highest num-
ber of votes for any state office.

812. Tie Vote on Judicial Officers. In case any two or more per-
sons 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 Governor a certified statement showing the vote
cast for such person, and thereupon the Governor must appoint an
eligible person to hold office as in case of other vacancies in such offices.

CHAPTER 74

NON-PARTISAN NOMINATION AND ELECTION OF JUDGES
OF SUPREME COURT AND DISTRICT COURT

812.1. Nomination and Election of District Court and Supreme
Court Judges. 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.

812.2. Nominations. Candidates for any office within the provi-
sion 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 primary 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 applicable to the said offices in so far as may be consistent with
the provisions of this Act.

812.3. Petition for Nomination — Contents — Form — Filing — Fees.

All persons who shall desire to become candidates for nomination to
any office within the provisions of this Act shall prepare, sign and
file petitions for nomination in compliance with the requirements of
the primary election laws, which petition for nomination shall be sub-
stantially 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 postoffice address is I am a candidate

on the non-partisan judicial ticket for the nomination for the office of

ELECTION LAWS OF MONTANA 99

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
any statement of measure or principle which he advocates, or any slo-
gans, 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 fee prescribed by law for the filing of such a 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.

812.4. Register of Candidates for Nomination. On receipt of each
of such petitions the Secretary of State shall make corresponding en-
tries 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.

812.5. Arrangement and Certification of Judicial Candidates — Sep-
arate from Party Designation. 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 can-
didates for judicial office, certifying to each County Clerk of the State
the names of all candidates for judicial office entitled to appear on
the primary ballot in his countv, with all other information reciuired
by law to appear upon the ballot, which lists of judicial candidates
shall be made upon separate sheets of paper from the lists of candi-
dates to appear under party or political headings.

812.6. Primary Ballots — Preparation and Distribution. 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, prepare and distribute official pri-
mary 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.

812.7. Judicial Primary Ballots — Voting. 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 elec-
tor, 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 primary 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
number of places to be filled at the succeeding general election. Different

100 ELECTION LAWS OF MONTANA

N

terms of office for the same position shall be considered as separate
offices.

812.8. Separate Counting and Canvassing of Judicial Ballots —
Application of General Laws. After the closing of the polls at a primary
election, the election officers shall separately count and canvass the
judicial primary ballots and make record thereof, and certify to the
same, showing 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 ballots, shall be disposed of in the same manner as other ballots,
stubs and unused ballots, and all returns made in the same manner now
provided by law.

812.9. Nominations — Placing Names on Ballots. The candidates
for nomination at any primary election for any office within the provi-
sions of this Act, to be filled at the 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 high-
est number of votes cast for nomination to the office for which they
are candidates (or if the number of all the candidates voted for as
aforesaid be not more than twice the number to be elected, then all the
candidates) shall be the nominees for such office; and their names,
and none other, except as hereinafter 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 gen-
eral election; provided that no candidate 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 successful candidate at the primary election.

812.10. Tie Vote, How Decided. 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 officially 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 cer-
tified for the general election and printed on the official ballot.

812.11. Vacancies Among Nominees After Nominations and Before
General Election, How Filled. If after any primary election, and before
the succeeding general election, any candidate nominated pursuant to
the provisions of this Act, shall die or by virtue of any present or fu-
ture 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 votes 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 Secretary 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 there-
upon 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 the ballot.

ELECTION LAWS OF MONTANA 101

812.13. Unlawful for Political Party to Endorse Judicial Candidate.

It shall be unlawful for any political party to endorse 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.

812.14. Arrangements of Judicial Ballot When Voting Machine
Used. 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 or space,
immediately following the column, row or space assigned the first
major political party and immediately preceding the column, row or
space assigned the second major political party.

812.15. Repealing Clause — Application of General Laws. 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 elec-
tions, not in conflict herewith are hereby declared applicable to the
nomination and election of the officers herein referred to.

CHAPTER 75
PRESIDENTIAL ELECTORS, HOW CHOSEN— DUTIES

813. Electors, When Chosen. At the general election in Novem-
ber, 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 ap-
pear 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-Presi-
dential 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 candi-
dates for President and Vice-President of said party." The number of
votes received by Presidential 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.

814. Returns, How Made. The votes for Electors of President and
Vice-President must be canvassed, certified to, and returned in the same
manner as the votes for state officers.

815. Duty of Governor. The Governor must transmit to each of
the electors a certificate of election, and on or before the day of their
meeting deliver to each of the electors a list of the name of electors, and
must do all other things required of him in the premises by any Act
of Congress in force at the time.

816. Meeting of Electors. The electors must assemble at the seat
of government the first Monday after the second Wednesday in Decem-
ber next following their election, at two o'clock in the afternoon.

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

102 ELECTION LAWS OF MONTANA

818. Voting of Electors. 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.

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

820. Must Make List of Persons Voted for. They must make dis-
tinct 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.

821. Result to Be Transmitted as Provided by Law of the United
States. They must certify, seal up, and transmit such lists in the
manner prescribed by the constitution and laws of the United States.

822. Compensation of Electors. Electors receive the same pay
and mileage as is allowed to members of the Legislative Assembly.

823. How Audited and Paid. Their accounts therefor, certified by
the Secretary of State, must be audited by the State Auditor, who must
draw his warrants for the same on the Treasurer, payable out of the
general fund.

CHAPTER 76
MEMBERS OF CONGRESS— ELECTIONS AND VACANCIES

824. Election of United States Senators — for Full Term and to Fill
Vacancies. 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 succeed-
ing general state election following the occurrence of such vacancy;
if any election therefor be invalid or not held at such time, then the
same shall be held at the second succeeding general state election.
Nominations of candidates and elections to the office shall be made in
the same manner as is provided by law in case of Governor.

825. Writs of Election to Fill Vacancy. When a vacancy happens
in the office of one or more Senators from the State of Montana in the
Congress of the United States, the Governor of this State shall issue,
under the seal of the State, a writ or writs of election, to be held at
the next succeeding general State election, to fill such vacancy or va-
cancies 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.

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

827. Returns, How Made. The vote for Representative in Congress
must be canvassed, certified to, and transmitted in the same manner as
the vote for State officers.

828. Certificates Issued By Governor. The Governor must, upon
receipt of the statement mentioned in Section 803 of this Code, transmit
to the person elected a certificate of his election, sealed with the great
seal and attested by the Secretary of State.

ELECTION LAWS OF MONTANA 103

CHAPTER 77
CONTESTING ELECTIONS

828.1. Recount of Votes, Order for — Application, Contents and
Time for Making — Hearing — Determination by Court. Any unsuccess-
ful 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, information and belief. Within five days after
the filing of said application 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, finds that
there is probable cause for believing that the judges and clerks of elec-
tion 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 as-
certained the number of votes cast for the applicant in any one or more
election precincts, then, or in either of such 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 re-
assemble and reconvene as a canvassing board, and to recount the bal-
lots cast at said election precinct or precincts of which complaint is
made as in said order specified.

828.2. Failure to Comply with Provisions for Counting Votes, Pre-
sumption of Incorrectness From. If it shall be made to appear by such
verified application that the judges or clerks of election in any one or
more election precincts did not comply with each and all of the provi-
sions and requirements of Section 778, in counting and ascertaining the
number of votes cast for each person voted for at said election, that
shall be considered 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.

828.3. Calling in Other Judge — Court Not Divested of Jurisdiction
by Failure to Hear Application Within Prescribed Time. 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 applica-
tion within the time herein provided, shall not divest the court of juris-
diction, but the said court before which said application is presented and
filed shall retain jurisdiction thereof for all purposes until said applica-
tion is finally acted upon, considered 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.

828.4. Precincts in Which Recount Ordered — Deposit of Cost of
Recount — Procedure When More Than One Application for Recount
Made — Manner of Recounting Votes — Certificates of Election. If said

104 ELECTION LAWS OF MONTANA

application asks for a recount of the votes cast in more than one elec-
tion 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 casn;
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 de-
posited with said board shall be returned to the said applicant or appli-
cants, 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 difference shall be refunded
to the applicant or applicants. The expense of making said recount as
herein provided, shall be the salary of the members 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
in 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:

The County Clerk shall produce, unopened, the sealed package or
envelope received by him from the judges of election of the election
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 be opened by a member of the
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 packages 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
ballots 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 one 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 that purpose, one for each clerk, with
the name of said respective candidates and the office or offices as 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 per-
son 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 deter-
mined. If, on such recount, the votes cast for any candidate who makes
such application 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 Can-
vassers, 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 deter-
mined 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.

ELECTION LAWS OF MONTANA 105

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
Boai'd of Canvassers the said packages or envelopes shall again be closed
and sealed, and then again delivered into the custody of the County
Clerk.

828.5. Recount Limited to Precincts and Offices Specified in Order
of Court. 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.

828.6. Certificates of Election, Effect of Recount on. If it shall
be found and determined by said recount that the person to whom the
County Clerk had issued a certificate of election pursuant to Section
797, did not in fact receive the highest number 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 only certificate of
election to said office, and the person named therein shall be the person
elected to said office.

828.7. Election Officers Not to Be Paid Until After Recount — Not
Paid on Finding Incorrect Count. 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 ascer-
tained 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
election precincts in which the votes were found to have not been cor-
rectly counted shall not be paid or receive any pay for their services
as such.

829. Other Provisions Concerning Contests, Reference to. See

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

CHAPTER 78

CONVENTIONS TO RATIFY PROPOSED AMENDMENTS TO
CONSTITUTION OF THE UNITED STATES

829.1. Convention for Ratification of Amendments to United States
Constitution. Whenever the Congress shall propose an amendment to
the constitution of the United States and shall propose that the same
be ratified by convention in the states, a convention shall be held, as
provided herein, for the purpose of ratifying such amendment.

829.2. Delegates to constitutional convention. The number of dele-
gates to be chosen to such convention shall be not less than one-half
of the number of the members of the legislative assembly of Montana,
and each county shall have one-half of the number of delegates as it is
then entitled to elect members of the legislative assembly of Montana,
provided, that when the number is an odd number, each county shall be
entitled to one-half of the next even number. The delegates shall be
elected at the next general election or primary nominating election held
throughout the state, after the Congress has proposed the amendment,

106 ELECTION LAWS OF MONTANA

or at a special election to be called by the governor, at his discretion,
by proclamation at any time after the Congress has proposed the
amendment, and except as otherwise provided herein, the election, in
all respects, from the nomination of candidates to and including the
certificate of election, shall be in accordance as nearly as may be with
the laws of the state relating to the election of members of the legis-
lative assembly of the state.

829.3. Nomination of delegates. Nomination of a candidate for the
office of delegate shall be by petition, which shall be signed by not
less than one hundred voters of the county. Nominations shall be without
party or political designation, but shall be as "in favor of" or "opposed
to" ratification of the proposed amendment. All petitions and the ac-
ceptances thereof shall be filed not less than thirty days prior to the
election.

829.4. Election of Delegates. The results of the election shall be
determined as follows: The total number of votes cast for each candi-
date "in favor of" ratification, and the total number of votes cast for
all candidates "in favor of" ratification and the total number of votes
cast for each candidate "opposed to" ratification and the total number of
votes cast for all candidate "opposed to" ratification shall be ascertained,
and the candidates equal to the number to be elected receiving the
highest number of votes from the side that casts the greater number
of votes in favor of or opposed to ratification, as the case may be, shall
be deemed elected.

829.5. Form of Ballot. On the official ballot there shall be printed
the proposed amendment, the names of candidates for delegates to the
convention, and appropriate instructions to the voters, all in substan-
tially the following form:

PROPOSED AMENDMENT TO THE CONSTITUTION OF
THE UNITED STATES

Delegates to the Convention to Ratify the Proposed Amendment.
The Congress has proposed an amendment to the Constitution of the
United States which provides, (insert here the substance of the pro-
posed amendment.)

The Congress has also proposed that the said amendment shall be
ratified by conventions in the states.

In Favor of

ratification of the proposed amendment.

Vote for candidates only.

Names of candidates.

Opposed to
ratification of the proposed amendment.

Vote for candidates only.

Names of candidates.

829.6. Time for convention of delegates. The delegates to the con-
vention shall meet at the state capitol on the first Monday in the month
following the election, at 10:00 o'clock a. m., and shall constitute a con-
vention to act upon the proposed amendment to the constitution of the
United States.

ELECTION LAWS OF MONTANA 107

829.7. Quorum — Officers — Procedure — Qualifications. A majority
of the total number of delegates to the convention shall constitute a
quorum. The convention shall have power to choose a president and
secretary, and all other necessary officers, and to make rules governing
the procedure of the convention. It shall be the judge of the qualifica-
tions and election of its own members.

829.8. Compensation of delegates and officers. Each delegate shall
receive mileage and per diem as provided by law for members of the
legislative assembly. The secretary and other officers shall receive such
compensation as may be fixed by the convention.

829.9. Certificate of result — transmission to secretary of state of
United States. When the convention shall have agreed by a majority
of the vote of the total number of delegates in attendance at such
convention, a certificate to that effect shall be executed by the presi-
dent and secretary of the convention, and transmitted to the secretary
of state of the United States.

829.10. Qualification of signers of petitions and electors. Those
entitled to petition for the nomination of candidates and to vote at such
election shall be determined as now provided by the registration laws
of Montana.

829.11. Federal Acts to Supersede State Provisions Concerning
Amendments. If the Congress shall either in the resolution submitting
the proposed amendment, or by statute, prescribe the manner in which
the convention shall be constituted, the preceding provisions of this
act shall be inoperative, and the convention shall be constituted and
held as the said resolution or act of Congress shall direct, and all of-
ficers of the state of Montana who may by said resolution or statute
be authorized to direct, or be directed to take any action to constitute
such a convention for this state, are hereby authorized and directed to act
thereunder, and in obedience thereto, with the same force and effect as
if under a statute of this state.

CHAPTER 44

Laws of 1941

AN ACT RELATING TO THE VOTING BY TAXPAYERS ON QUES-
TIONS CONCERNING THE CREATION OF A LEVY, DEBT OR
LIABILITY FOR OR ON THE PART OF THE STATE OF
MONTANA.

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

Section 1. Whenever any question is submitted at any election
concerning the creation of any tax levy for the State or the creation
of any debt or liability on the part of the State, all qualified electors
who are registered and whose names appear upon the last completed
assessment roll of any county preceding such election, shall be entitled
to vote thereon. If any elector shall be registered in any county and
the name of such elector does not appear on such last completed assess-
ment roll for such county, but does appear on the last completed assess-
ment roll for any other county in the State, such elector shall be
entitled to vote on any such question in the precinct in which he is
registered, if he shall present to the County Clerk and Recorder before
the close of registration of the election in which he wishes to vote,
either a receipt from the Treasurer of the county in which his prop-
erty is assessed on such assessment roll showing the payment of the
taxes computed against such assessment, or a certificate from the
Treasurer of such county certifying that such elector is assessed with
property on such assessment roll but that the taxes had not been
paid at the time of the issuance of such certificate. Every such cer-

108 ELECTION LAWS OF MONTANA

tificate issued by a County Treasurer shall be dated, numbered, give
the name of the elector, a brief description of the property assessed to
him, with the amount of the taxes thereon, and must be signed by
such County Treasurer, and such Treasurer must keep a duplicate
thereof on file in his office. Whenever any such tax receipt or Treas-
urer's certificate is presented by a registered elector to the County
Clerk and Recorded he shall enter his name in the poll book of electors
entitled to vote on such question, and there shall be entered therein
the date and number of the tax receipt or certificate, the county in
which issued and a description of the property assessed to the elector
and amount of taxes against the same, as contained in such receipt
or certificate, and such elector shall thereupon be given the proper
ballot and shall vote the same in exactly the manner as though his
name appeared on such assessment roll for such county.

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 from and
after its passage and approval.
Approved Feb. 26, 1941.

ELECTIONS RELATING TO SCHOOL MATTERS

Superintendent of Public Instruction

931. Election, Qualification. There shall be chosen by the quali-
fied 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 elec-
tion, and is the holder of a state certificate of the highest grade,
issued in some state, and recognized by the State Board of Education,
or is a graduate of some university, college, or normal school recog-
nized 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

950. Eligible Without Regard to Sex. All persons otherwise quali-
fied shall be eligible to the office of County Superintendent of Common
Schools without regard to sex.

950.1. Qualifications for County Superintendent of Schools. No

person shall be eligible to the office of County Superintendent of
Schools in any county of Montana, who, in addition to the qualifica-
tions required by the Constitution of the State of Montana, is not the
holder of a State Certificate offered by the State of Montana, granted
by endorsement upon graduation from a standard normal school, or
college, or university; or who is not the holder of a certificate of-
fered by the State of Montana, designated as a State Certificate
granted by examination in accordance with the rules and regulations
as prescribed by the State Board of Educational Examiners; and who
has not had at least three years successful experience as a teacher,
principal or superintendent of public schools. The above qualifications
shall not prohibit the re-election of present incumbents.

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

ELECTION LAWS OF MONTANA 109

CHAPTER 93
SCHOOL TRUSTEES

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

986. Number of. In districts of the first class, the number of
Trustees shall be seven, in districts of the second class the number of
Trustees shall be five, and in districts of the third class the number
of Trustees shall be three.

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

988. Election in Districts of Second and Third Class — Nomina-
tions. In districts of the second and third class, the names of all
candidates for membership on the School Board must be received
and filed by the clerk and posted at each polling place at least 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.

989. Conduct of Election. 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 Turstees. 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 Trustees must appoint by an order entered in their
records three qualified electors of said district, to act as judges at
such election, and the clerk of the district shall notify them by mail
of their appointment. If the judges named are not present at the
time for opening the polls, the 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, 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.

990. Election in Districts of First Class — Nominations and Con-
duct of Elections. In districts of the first class, no person shall be
voted for or elected as trustees unless he has been nominated there-
for at a bona fide public meeting, held in the district not more than
sixty (60) days nor less than forty (40) days before the day of
election, and at which at least twenty (20) qualified electors were
present, and a chairman and secretary were elected, and a certifi-
cate 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, dulv certified by the chairman and secretary of such meet-
ing, shall be filed with the district clerk at least eight (8) 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 pro-
vided at which at least twenty (20) qualified electors were present,
and his nomination certified and filed as aforesaid, and the board of
trustees acting as a canvassing board shall not count any votes cast

110 ELECTION LAWS OF MONTANA

for any person, unless he has been so nominated and a certificate
thereof filed as herein required. In the event there be held only one
(1) such public meeting, and only one (1) candidate be nominated
for each term to be filled then and in that event no election need
be held and the clerk of such district shall certify such facts to the
board of trustees of the distict, acting as a board of canvassers who
shall thereupon certify the election of such persons to the county
superintendent of schools.

(As amended by Chapter 205, Laws of 1943.)

991. Board of Trustees to Call Election. The Board of Trustees
shall, at least thirty days before the annual election of school trus-
tees, by an order entered upon the minutes of their meeting, designate
and establish a suitable number of polling places and create an equal
number of election precincts to correspond, and define the boundaries
thereof.

992. Same — Notice of. 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 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 elec-
tion 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.

993. Hours of Election. 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.

994. Judges. The Board of District Trustees shall, at least ten
days before the day of the annual election of trustees in any district
of the first class, appoint three qualified electors of the district for
each polling place established to act as judges of election, and the
district clerk shall notify such persons by mail of their appointment.
Such judges shall designate one of their number to act as clerk of
such election. If the judges appointed, or any of them, are not present
at the time for the opening of the polls, the electors present may
appoint judges, who must be qualified electors, to act in the place
of those who are absent.

995. Ballots and Method of Voting. In districts of the first class,
the ballot shall show the name or names of the candidates and the
length of time for which they are to be elected. These ballots shall
be as near as possible in the following form:

For School Trustees:

For Three (3) Year Term.

Vote for Three:

John Abner

William Brown

Adam Smith

For One (1) Year Term.
George Davis

996. Poll and Tally-list, Certificate of Judges, and Canvass of
Votes. At every election held under this Act, a poll-list shall be kept
by the judges and clerk at each polling-place, and immediately after

ELECTION LAWS OF MONTANA 111

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 for as
trustee, and the term, and tally opposite his name the number of
votes cast for him, and at the end thereof set down in a column
provided for that purpose the whole number of votes he received. The
judges and clerk shall sign a certificate to said tally-list, setting
forth the whole number of votes cast for each person or trustee, desig-
nating the term, and they shall verify the same as being correct, to
the best of their knowledge, before an officer authorized to administer
oaths. No informality in such certificate shall vitiate the election, if
the number of votes received for each person can reasonably be ascer-
tained from said tally-list. Said books and tally-lists shall be returned
to the Board of Trustees of the district, who shall canvass the vote
and cause the clerk of the district to issue a certificate of election to
the person or persons elected, designating their term, a copy of which
must be forwarded to the County Superintendent of Schools. The
School Trustees are hereby authorized to administer oaths to judges
of election.

997. Term of Office — Vacancy — Oath of Trustees. Trustees elect-
ed 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 re-
ceipt 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.

998. Vacancy in School Board. A vacancy in the office shall be
filled by appointment by the County Superintendent of Schools; pro-
vided, that in districts of the first and second class, such appoint-
ments 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 unexpired term. When any vacancy occurs in
the office of Trustee of any school district by death, resignation, fail-
ure 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 appoint in writing, some com-
petent 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 appointment; provided, that
absence from the school district for sixty consecutive days, or failure
to attend three consecutive meetings of the Board of Trustees without
good excuse, shall constitute a vacancy in the office of Trustee.

999. Trustees — How Removed. Any School Trustee may be re-
moved 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 Commis-

112 ELECTION LAWS OF MONTANA

sioners may suspend a trustee until such time as such charges can
be heard in the court having jurisdiction thereof.

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

1001. Rearrangement of Terms to Prevent the Election of a
Majority of the Trustees. When at any annual school election the
terms of a majority of the Trustees regularly expire in districts of
the first class, three Trustees, in districts of the second class, two
Trustees, in districts of the third class, one Trustee, shall be elected
for three years, and the 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 by lot what
Trustee shall hold over, and for what term.

1002. Qualifications of Electors. Every citizen of the United
States of the age of twenty-one years or over who has resided in
the State of Montana for one year, and thirty days in the school dis-
trict next preceding the election, may vote thereat.

(As amended by Chapter 65, Laws of 1941.)

1003. Challanges — Oath of Voters. Any person offering to vote
may be challenged by any elector of the district, and the judges must
thereupon administer to the person challenged an oath or affirma-
tion in substance as follows:

"You do solemnly swear (or affirm), that you are a citizen of
the United States; that you are twenty-one years of age; and that
you have resided in the State one year, and in this school district
thirty days next preceding this election, and that you have not voted
this day, so help you God."

If he takes this oath or affirmation, his vote must be received;
otherwise rejected. Any person who shall swear falsely before any
such judge of election shall be guilty of perjury, and shall be punished
accordingly.

(As amended by Chapter 65, Laws of 1941.)

1004. Expenses of Election. All the expenses necessarily in-
curred 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.

1014. Call Special Election. The Board of Trustees shall have
power to call a special election for the purpose of bonding the dis-
trict for the erection and furnishing buildings and purchase of school
sites, and for permission to sell school property; provided, that in
districts of the first and second classes Boards of Trustees shall have
power to change or select school sites.

1015. Duties of Trustees. Every school board unless otherwise
specially provided by law shall have power and it shall be its duty:

1. To prescribe and enforce rules not inconsistent with law, or
those prescribed by the superintendent of public instruction for their
own government of schools under their supervision.

2. To employ or discharge teachers, mechanics or laborers, and
to fix and order paid their wages; provided, that no teacher shall
be employed except under resolution agreed to by a majority of the

ELECTION LAWS OF MONTANA 113

board of trustees at a special or regular meeting; nor unless such
teacher be the holder of a legal teacher's certificate in full force and
effect. All contracts of employment of teachers, authorized by proper
resolution of a board of trustees, shall be in writing and executed in
duplicate by the chairman and clerk of the board, for the district and
by the teacher.

3. To determine the rate of tuition of non-resident pupils.

4. To fix the compensation of the clerk.

5. To enforce the rules and regulations of the superintendent of
public instruction for the government of schools, pupils, and teachers
and to enforce the course of study.

6. To provide for school furniture and for everything needed in
the schoolhouse or for the use of the school board.

7. To repair and insure schoolhouses and to rent, lease and let
to such person or entities as the board may deem proper, the grade
school halls, gymnasium and buildings and part thereof for such time
and rental as the board may designate. All rentals shall be paid to
the county treasurer for the credit of the school district.

8. To purchase, acquire, sell and dispose of plots or parcels of
land to be used as sites for schoolhouses, school dormitories and other
school buildings, and for other purposes in connection with the schools
in the district; to build, purchase or otherwise acquire schoolhouses,
school dormitories and other buildings necessary in the operation of
schools of the district, and to sell and dispose of the same; provided,
that they shall not build or remove schoolhouses or dormitories, nor
purchase, sell or locate school sites unless directed so to do bv a
majority of the electors of the district voting at an election
held in the district for that purpose, and such election shall be con-
ducted and votes canvassed in the same manner as at the annual
election of school officers, and notice thereof shall be given by the clerk
bv posting three (3) notices in three (3) public places in the district
at least ten (10) days prior to such election, which notices shall specify
the time, place, and purpose of such election. Provided, further, that
this subdivision shall not be so construed as to prevent the board of
trustees from purchasing one (1) or more options for a school site.

9. To hold in trust for their district all real or personal property
for the benefit of the school thereof.

10. To suspend or expel pupils from school who refuse to obey
the rules thereof, and to exclude from school, children under six (6)
years of age where the interest of the school requires such exclusion.

11. To provide clothing and medical aid for indigent children
when it shall be made to appear that such aid is needed; and when
deemed advisable to employ a 'phvsician or registered nurse to make
inspection into the sanitary conditions of the school and the general
health conditions of each pupil, and to make a full, detailed report to
the board of trustees. The clerk of the district shall furnish imme-
diately to each parent or guardian a copv of such portion of the above
mentioned report as pertains to his child or ward.

12. To require pupils to be furnished with suitable books as a
condition of membership in school.

13. To exclude from school and school libraries all books, tracts,
papers and other publications of immoral and pernicious nature.

14. To require teachers to conform to the law.

15. To make an annual report, as required by law, to the county
superintendent on or before the first day of August in each year, in

114 ELECTION LAWS OF MONTANA

the manner and form and on the blanks prescribed and furnished by the
superintendent of public instruction.

16. To make a report directly to the superintendent of public
instruction whenever instructed by him to do so.

17. To determine what branches, if any, in addition to those re-
quired by law, shall be taught in any school in the district, subject
to the approval of the county superintendent in districts of the third
class.

18. To visit every school in their district at least once in each
term, and to examine carefully into its management, conditions, and
needs. This clause applies to each of the trustees.

19. To provide separate privies or outhouses for the use of the
sexes at all schoolhouses, where the same do not exist, and to see
that the same are kept in good repair, and in a clean condition. Such
privies or outhouses must be located and built in such manner as to
secure privacy. In all cases where there is no fence dividing the
play yards of the sexes, the privies or outhouses herein named shall
be separate and distinct buildings, and situated at least twenty (20)
feet apart, and to require that all teachers and janitors use due care
in keeping all toilets in good repair and in clean condition and free
from obscenity; provided, that any trustee or trustees, teacher, janitor,
or janitors, failing to comply with the provisions of this act, shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be
fined in a sum not exceeding one hundred dollars ($100.00), or im-
prisoned in the county jail not exceeding ninety (90) days, or both
such fine and imprisonment in the discretion of the court.

20. To allow pupils residing in other districts to attend school
in the district of which they have charge, if in their judgment there
is sufficient room.

21. To procure, by purchase or donation, and to cause to be dis-
played daily in suitable weather, an American flag, with accompany-
ing necessary fixtures, for each and every schoolhouse in their respec-
tive districts. Said flags shall be of dimensions not less than four
(4) by six (6) feet, and shall be made from durable material. The
school trustees are hereby authorized and empowered to use such por-
tion of the school funds as remain in their hands, and which is not
otherwise appropriated, for the purchase and erection of fixtures.

22. To close school at their discretion during the annual session
of the state teachers' association, and to allow teachers to attend the
same without loss of salary.

23. To provide foods, cooks, janitor services and equipment for
school lunches when deemed advisable by the board. Governed by its
own judgment, the board may impose a money charge, produce or
services from the pupils desiring to and participating in the program
of school lunches.

(As amended by Chapter 103 Laws of 1943).

CHAPTED 94
BUDGET SYSTEM— SCHOOL DISTRICTS

1019.7. Extra Levy — Submission to Electors. If, after the Board
of School Trustees of any district has adopted the preliminary budget
for such district for the ensuing school year, it appears to such Board
that the amount which will be received from a district ten (10) mill
tax levy and from all other sources during such ensuing school year,
for the general fund of such district, as shown by the County Superin-
tendent's estimate of revenues, will not be sufficient to meet and take

ELECTION LAWS OF MONTANA 115

care of the expenditures proposed to be made during the ensuing school
year from such general fund, as contained 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 obtain-
ing 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 year, 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.

CHAPTER 95

1034. Consolidated Districts — Procedure in Event of Consolidation
— Bonded Debts. Two or more adjacent school districts lying in one
county may be consolidated, either by the formation of a new district,
or by the annexation of one or more districts to an existing district,
as hereinafter provided.

When severally the boards of trustees of two (2) or more school
districts, in regular meeting called for the publicly announced purpose
of considering- plans for consolidation of said two (2) or more districts
and bv majority vote of each board of trustees acting separatelv shall
ask for district consolidation of each and all such petitioning boards, the
county superintendent of schools having jurisdiction of such districts,
within not less than twenty (20) nor more than thirty (30) davs,
shall effect the consolidation of such districts into one district and
designate the number of such newlv created district unless a petition
is filed as hereinafter provided seeking- election on such issue in which
case the consolidation shall not be effected until ten (10) days after
a favorable vote on the issue.

Within twentv (20) davs after the vo'te of the last of the boards
of trustees favoring district consolidation should there be dissatisfac-
tion of the electors of anv one or more of the districts involved, there
shall be the right of petition for a vote of electors on such issue in
the district or districts where dissatisfaction exists. Each petition
shall be directed to and received bv the countv superintendent of
schools and shall in each such district seeking election on 'the issue
be signed by not fewer than twenty (20%) per cent of the aualified
electors in such district to merit consideration. Within ten (10) davs
following the filing of such petition or petitions, the countv superin-
tendent of schools shall cause a ten (10) davs' posted notice to be
given by the clerk in each district, seeking such election, such notice
to be posted in three (3) public places, in each such district, of an
election in such district at a time and place or places specified in
each notice to vote on the question of consolidation.

The votes at such election shall be by ballot, which shall read
'For consolidation' or 'Against consolidation'. The presiding officer at
such election shall, within ten (10) davs thereafter, certify the re-
sult of the vote to the county superintendent of the county in which
the district lies.

If the majority of the votes cast in each district holding such
election be for consolidation, it carries, and the superintendent, within
ten (10) days thereafter, shall make proper orders to give effect to
such vote, and shall thereafter transmit a copv thereof to the county
clerk and recorder and to the clerk of each district affected. If the
order be for the formation of a new district, it shall specify the
name and number of such district, and the county superintendent shall

116 ELECTION LAWS OF MONTANA

appoint three (3) trustees to serve until the first Saturday in April
succeeding.

At the regular election succeeding there shall be elected by the
regularly qualified electors three (3) trustees, one of whom shall serve
for one year, one for two (2) years, and one for three (3) years. The
election of trustees and terms shall be the same as for other districts
under the general school laws.

When, in the interest of reducing cost of operation or improving
the school service for pupils, a board of trustees, of a third class dis-
trict, shall by majority vote of its members ask the county superin-
tendent of schools to annex the territory and property of such third
class district to an adjacent second or first class district, the county
superintendent shall, upon an approving vote of the trustees of the
district with which annexation is sought, authorize such annexation
within not less than twenty (20) nor more than thirty (30) days
following the final vote of the trustees that makes this consolidation
possible unless a petition be filed seeking election on such issue in
which case consolidation shall not be effected until ten (10) days after
a favorable vote on the issue. The same right of petition by electors
for a vote on the issue of annexation and the same general plan for
balloting shall be utilized on the question of district annexation by the
electors of the petitioning district or districts as the case may be
that is hereby authorized for district consolidation. The ballot shall
in this case be 'For annexation' and Against annexation.' Should
the action of the boards of trustees approving the plan of annexation
be approved by majority vote of electors of the district or districts
seeking election on the issue then the consolidation sought shall be
effected by the county superintendent of schools within ten (10) days
after such election. In the event of a disapproving vote by majority
of votes cast by either of such voting districts, the proposed annex-
ation shall fail.

In case of annexation of any district or districts to any exist-
ing district, as herein provided, the proper officers of the annexed
districts, within ten (10) days from the receipt of a copy of such
order, shall turn over to the proper officers of the district to which
they are annexed, all records, funds, and effects of such annexed
district. In case of the formation of a new district, the proper officers
of the discontinued districts in like manner, within ten (10) days
after the organization of the new district, shall turn over the records,
funds, and effects of such old districts to the proper officers of the
new districts.

In case of consolidation of districts by annexation, the title to
school houses and sites of the separate districts shall vest in the
new consolidated district. The officers of the first or second class
district involved shall continue to hold office under the consolidated
district until the end of the terms for which they were duly elected
and their successors shall be regularly elected as provided by law.

Consolidated school districts shall be governed by the general
school laws of the state.

Bonded indebtedness of any districts merged by consolidation or
annexation shall be assumed by the consolidated district or the district
to which another is annexed.

(As amended by Chapter 201, Laws of 1943.)

ELECTION LAWS OF MONTANA 117

DISSOLUTION OF JOINT SCHOOL DISTRICT

1037.1. A joint school district may be dissolved in the following
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. Sep-
arate 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 Superin-
tendent of Schools must appoint three judges of election for the terri-
tory 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 district. 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 (%) of the votes cast in
the territory of any county favor dissolution the district may be dis-
solved as to such territory; provided both Superintendents of the coun-
ties 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 (%) majority in any portion of the dis-
trict, as herein provided, or a failure of the majority of the entire
district to vote for dissolution, the district shall not be dissolved and no
election thereon can be held within three (3) years thereafter. If
dissolution carries it shall take effect at the end of the current school
year.

CHAPTER 108

SCHOOL HOUSE SITES AND CONSTRUCTION

1173. Selection. Whenever, in the judgment of the Board of
Trustees of any school district of the third class, it is desirable to
select, purchase, exchange, or sell a school house site, or whenever
petitioned so to do by one-third of the voters of such district, the
District Board shall without delay call a meeting at some convenient
time and place fixed by the Board to vote upon such question of selec-
tion, 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 district voting at such meeting or
election shall be in favor of selecting, purchasing, exchanging:, or sell-
ing 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,
accessible, suitable, and well drained; provided, that in districts of the

118 ELECTION LAWS OF MONTANA

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.

CHAPTER 113

School Funds

1210. Transfer of Funds — Election. Said fund may be used for
general school purposes, if a majority of the qualified electors of
such district shall so elect, upon such question being duly submitted
to them at any regular or special election therefor.

CHAPTER 114

Extra Taxation for School Purposes

1219. District School Taxes in Excess of Ten Mill Levy — Election.

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 re-
quired 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.

1220. Notice of Election. Where the question of making such
additional levy is so submitted, notice thereof shall be given by posting
the same at each school house in said district, at least ten days before
such election, or by publication thereof for a like period before such
election in each newspaper published in said district, or by both
such notice and publication.

1221. Purposes of Levy to be Submitted — Use of Funds. In sub-
mitting such question there shall be specified the amount to be raised
by such additional tax levy and the approximate number of mills re-
quired to raise such amount and the purpose for which the same is
to be expended and if authorized the money raised by such additional
tax levy shall be used for that specified purpose only; provided, that
if any balance remains on hand after the purpose for which said levy
was made has been accomplished, said balance may, by the vote of the
trustees of said district, be transferred to any other fund of such
district.

1222. Form and Marking of Ballot — Conduct of Election. The

ballot furnished electors at said election shall have printed thereon
the following: "Shall a levy be made in addition to the regular ten
mill levy authorized by law in such number of mills as may be neces-
sary 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 addi-
tional tax levy is made?"

□

ELECTION LAWS OF MONTANA 119

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

Against an additional tax levy to raise the sum of (state
amount to be raised by additional tax levy), and being approxi-
mately (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 Commis-
sioners shall make such additional levy in such number of mills as will
raise such amount in the same manner that the levy for special taxes
in said district is made.

1223. Challenging Voters — Oath of Elector — False Swearing. Any

person offering to vote may be challenged by any elector of the dis-
trict, and the judges must thereupon administer to the person chal-
lenged an oath or affirmation, in substance as follows:

'You do solemnly swear (or affirm) that you are a citizen of the
United States; that you are twenty-one years of age; that you have
resided in this State one year and in this school district thirty days
next preceding this election; that you are a taxpayer on the last assess-
ment roll from this school district; and that you have not voted this
day. So help you God.'

Said oath shall be reduced to writing and signed by the person
challenged and sworn to before one of the judges of election. Said
oath or affirmation shall be returned with the ballots cast at such
election. If the voter takes oath or affirmation, his vote must be
received; otherwise, it will be rejected. Any person who shall swear
falsely before any such judge of election shall be guilty of perjury,
and shall be punished accordingly.

(As amended by Chapter 31, Laws of 1941.)

CHAPTER 115
School District Bonds

1224.8. Petition and Election Required for Bond Issues for Other
Purposes. 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 elec-
tion shall be called unless there has been presented to the Board of
Trustees 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 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.

1224.9. Form, Contents and Proof of Petition. The petition for the
calling of an election to vote upon the question of issuing school dis-
trict bonds shall plainly state the purpose of the proposed bond issue
and shall estimate the amount of bonds necessary to be issued for such
purpose or purposes. When the bonds sought to be issued are for two
or more purposes, the amount to be issued for each single purpose

120 ELECTION LAWS OP MONTANA

shall be separately estimated in the petition. It may be in the form
of one single petition or consist of more than one petition, all being
identical in form and fastened together, after being circulated and
signed, so as to form one petition before being delivered to the County
Clerk as hereinafter provided. The school district clerk or any one or
more qualified electors of the school district may circulate the petition
or petitions, and the clerk or each elector circulating 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 Trustes, shall be delivered to the County Clerk and Re-
corder of the county in which the school district is situated, who shall
examine the same and shall endorse thereon or attach thereto his
certificate, which certificate shall set forth:

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

(b) Which and how 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 trans-
mit such petition, with his certificate endorsed thereon or attached
thereto, to the Clerk of the Board of School Trustees of such district.

1224.10. Meeting of Board of Trustees to Consider Petition and
Calling of Election — Notice of Election — Form. Upon such petition
being received by the clerk of the school district, a meeting of tne
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 conclusive against the school dis-
trict in favor of the innocent holder of bonds issued pursuant to the
election called and held by reason of the presentations 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 pre-
sentation, fix the exact amount of bonds proposed to be issued, which
may be more or less than the amount estimated in the petition, de-
termine the number of years through which the bonds are to be paid,
fix the date of election, which shall not be less than twenty (20) days,
nor more than thirty (30) days after the date of the passage and
adoption of such resolution, appoint three electors of the district who
are qualified to vote at such election to act as judges of election, at
each voting place and direct the clerk to give notice of such election.
The notice of election shall designate one or more school houses in
said school district as voting places and be in substantially the follow-
ing form:

"NOTICE OF SCHOOL DISTRICT BOND ELECTION

"Notice is hereby given by the undersigned Clerk of School District

No of County, State of Montana,

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

Board of Trustees of said School District held on the day

of , A. D., 19 , an election of the registered 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 schoo/

ELECTION LAWS OF MONTANA 121

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 pur-
pose of (here state purpose)

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

payable in installments over a period of

(state number) years.

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

o'clock ....m. of the said day.

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

Clerk of School District No

of County, State of Montana.'

If the bonds proposed to be issued are for more than one purpose,
then each purpose shall be separately stated in the notice together
with the 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 incor-
porated 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) succes-
sive 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.)

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

OFFICIAL BALLOT

SCHOOL DISTRICT BOND ELECTION

INSTRUCTIONS TO VOTERS: Make an X or similar mark in
the 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 exceed-
ing years, for the purpose of (here state

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

□ BONDS— YES

□ BONDS— NO

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

122 ELECTION LAWS OF MONTANA

1224.12. Who Entitled to Vote— List of Electors and Poll Books.

In all school district bond elections hereafter held only qualified reg-
istered 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 persons
shall be allowed to register for such election up till noon of the fif-
teenth (15th) day prior to the date thereof. At that time the regis-
tration 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 elec-
tion, 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 districts 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 district at least ten (10) days prior to the date of
election. It shall not be necessary to post such lists in districts of the
second and third class. A charge of five cents per name for the use
and benefit of the county shall be made by the County Clerk for pre-
paring such lists and poll books.

1224.13. Conduct of Election. The bond election shall be con-
ducted in the manner prescribed for the election of school trustees
and returns shall be made and canvassed in a similar manner.

1224.14. Percentage of Electors Required to Authorize Bond Issue.

Whenever the question of issuing bonds for any purpose is submitted
to the qualified electors of a school district at either a general or spe-
cial school election not less than forty (40) per centum of the quali-
fied 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.)

1224.15. Meeting of Board of Trustees to Canvass Election Returns
— Resolution for Bond Issue. If such election shall authorize the issu-
ance of such bonds, the Board of Trustees shall within sixty (60)
days from the date of such election pass and adopt a resolution pro-
viding 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.

1224.16. Form of Notice of Sale of Bonds. The notice of sale
shall state the purpose or purposes for which the bonds are to be
issued and the amount proposed to be issued for each purpose, and
shall be substantially in the following form:

ELECTION LAWS OF MONTANA 123

"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
reserves the right to reject any and all bids and to sell the said bonds
at private sale.

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

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.)

124 ELECTION LAWS OF MONTANA

CHAPTER 115

1252. Signers Required on Petition for Bond Elections in School
Districts, Cities and Towns and Counties. No election for the issuance
of bonds of any school district, or of any town, or city, or county shall
be called except upon presentation of a petition therefor to the Board
of School Trustees, or to the Town or City Council, or to the Board of
County Commissioners, as the case may be, signed by at least twenty
per cent, of the qualified registered electors wno are taxpayers upon
property within said school district, town, city or county, and whose
names appear on the assessment-roll for the year next preceding such
election, praying for the calling of said election; provided that the
Board of County Commissioners, Board of School Trustees, Town or
City Council, as the case may be, shall determine as to the sufficiency
of such petition, and the findings of such governing body shall be con-
clusive 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.

1253. Qualification of Voters. In all elections hereafter held for
the issuance of bonds of any school district, town or city, only quali-
fied 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.

CHAPTER 117
HIGH SCHOOL CODE

Bond Issue

1262.12. Submission to Electors of Question. If in any county
maintaining a county high school in which no district high school
is maintained not less than twenty per centum (20%) of the registered
voters who on the last completed assessment roll of the county were
assessed in their own names on real or personal property in the
county shall present to the Board of Trustees of the county high
school a petition asking that there be submitted the question whether
bonds of the county shall be issued for the purchase or erection of a
high school building or buildings and/or for the repairing, remodeling,
or enlarging thereof, and/or for the purchase of equipment thereof
and/or for the purchase, erection and/or equipment of a high school
dormitory or dormitories, or gymnasium, and/or for the purchase of
a suitable site or sites for such buildings, or any of them, and/or to
retire or refund any outstanding bonds issued for any of the purposes
foregoing, and if such petition shall specify therein the amount of
the bonds to be issued, and if the Board of Trustees of the county high
school shall upon the presentation to it of the said petition, approve
the same, and the issuance of bonds of the county to the amount
therein mentioned and for the purpose or purposes therein specified,
the secretary of the said Board shall forthwith in the name of the
Board of Trustees request the Board of County Commissioners of the
county to submit without delay to the registered voters of such county
the question whether bonds of the county shall be issued and sold to
the amount and for the purpose or purposes in the petition set forth.

1262.13. Duty of Board of County Commissioners. 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 county in the manner otherwise provided by
law for the submission of the question of the issuance of other county
bonds. If a majority of the registered and qualified electors of the
county, voting upon the question so submitted, shall approve such issue,
then the Board of County Commissioners shall forthwith issue and
market the bonds authorized as in the case of other county bonds.

ELECTION LAWS OF MONTANA 125

1262.14. Bond Limit — Term — Rate — Form. In any county of the
first, second, third, fourth or fifth class the amount of all bonds re-
quested 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 hun-
dred 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.)

1262.15. County Bond Issue for County and District High Schools.

In any county where a county high school and also one or more ac-
credited 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 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 at-
tendance 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

1262.19. Authority to Abolish. 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.

1262.20. Petition to Be Filed. Between the first day of July and
the first day of September in any year in which a general election is
held in the State of Montana twenty per centum (20%) or more, of
the qualified 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.

1262.21. Commissioners to Submit Question. At the first regular
monthly meeting of the Board of County Commissioners of the county
immediately following such filing the petition shall be called to the
attention of the Board by the County Clerk; and the Board shall im-
mediately direct the submission to the registered voters of the county
at the ensuing general election for that year of the question whether
the county high school of the county shall be abolished.

1262.22. Publication of Notice. The County Clerk of the county
shall publish a notice of the filing and purpose of the said petition and
that the question of abolishing the county high school in the county
will be submitted 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 be none, in such newspaper as
the Board of County Commissioners may designate, the first publi-
cation of such notice to be made between September 1 and September
15 of the said year.

1262.23. Further Notice Required — Manner of Holding Election —
Ballots. Further notice of the submission of the question shall be
given, and such question shall be submitted to the registered voters of

126 ELECTION LAWS OF MONTANA

the county at the ensuing general election in November, and the
votes cast thereon canvassed and returns thereof made in the manner
provided by law for the election of county officers at that election,
subject, however, to the following special requirements:

The votes for or against the abolishment of the county high school
shall be cast by ballot which shall be in substantially he 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
placing an "X" in the square immediately before the words "For the
abolishment 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 county high school"; and a ballot
so marked and cast shall be counted against abolishing the county
high school.

1262.24. Action by Board of County Commissioners When Election
Favors Abolishing High School. If a majority of all the votes cast at
such general election upon the question of the abolishment of the
county high school shall be in favor of abolishing the same the Board
of County Commissioners of the county at its first regular meeting in
December following shall make and enter at large upon its minutes an
abstract of the votes so cast and a resolution that in accordance there-
with on and after July 1st of the year immediately following the
county high school of the county shall be, and is hereby abolished.

1262.25. When Election Favors Retaining High School. 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 Commis-
sioners at large upon their minutes at its December meeting afore-
said; and no further submission of the question of abolishing 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 becomes effective.

JUNIOR HIGH SCHOOL

1262.45. Authority to Establish in District Having: No Accredited
High School. The Board of Trustees of any school district where no
accredited high school is already established and maintained may estab-
lish one or more junior high schools in the district at any time in
accordance with the sections immediately following and provide there-
for quarters, buildings, building sites, equipment and a teaching force.

1262.46. Petition — Resolution of Board — Approval of Superin-
tendent of Public Instruction. Whenever the Board of Trustees of any
school district which has no accredited high school, already estab-
lished, 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

ELECTION LAWS OF MONTANA 127

may require and requesting its approval of the establishment of the
junior high school or junior high schools in question.

1262.47. Submission of Question. If the establishment of a junior
high school or junior high schools is approved by the Superintendent
of Public Instruction, the Board of Trustees of the school district
shall immediately submit to the registered voters of the district the
question whether a junior high school, or if the establishment of more
than one such junior high school be contemplated, whether junior
high schools shall be established in such district.

1262.48. Application and Submission of Question When Bonds Are
to be Issued. If it is necessary for the district to issue bonds to pro-
vide quarters, buildings, building sites, and/or equipment for the pro-
posed 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 dis-
trict 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 speci-
fied amount issued to provide quarters, buildings, building sites and
equipment, or for any one or more such purposes.

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

•

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

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

1262.52. Junior High Schools— How Established Where District
High School Is Already Established. 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 Public Instruction reorganize the school system
of the district to provide for a junior high school or junior high
schools as a part of such system, without submitting the question to
the qualified electors of the district. But nothing herein contained
shall be construed to authorize any such Board of Trustees to issue
bonds of the district or to incur indebtedness or to proceed in the
establishment of a junior high school or junior high schools other
than in accordance with its general powers elsewhere defined.

128 ELECTION LAWS OF MONTANA

JUNIOR COLLEGES
CHAPTER 158

Laws of 1939

1. Definition of Terms. 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 estab-
lished as provided in this Act, in connection with accredited high
schools for the purpose of providing one or more two-year courses
beyond those of the four year high school.

2. Method of Establishment. County high school boards or dis-
trict high school boards operating accredited schools shall have au-
thority to establish and maintain in such schools in the manner pro-
vided in this Act, a department 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 accredited 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 depart-
ment 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 registra-
tion lists for the last preceding election, the board shall not later than
its next regular meeting, communicate 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 regard-
ing 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.

3. Approval of Superintendent of Public Instruction. The State
Superintendent of Public Instruction shall consider all such petitions
submitted by county or district high school boards and may, if he
deem it advisable, conduct an independent investigation with a view to
determining the desirability of granting such petition. If the Superin-
tendent of Public Instruction shall approve of the granting of such
petition, he 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 dis-
trict the question whether or not a junior college shall be established
in their said county or district high school.

4. Election. 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 district of the question of a bond issue for the purpose of
building, enlarging, altering or acquiring by purchase a school house
and the purchase of necessary lands therefor.

5. Establishment of Junior College Upon Approval of Electors. 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

ELECTION LAWS OF MONTANA 129

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 Superintendent
of Public Instruction for permission to open such junior college, and
shall accompany such application with a full statement of the curricula
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 estab-
lishment 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
establishment and operation of such junior college. * * *

CHAPTER 146

Public Bridges — Bonds

1711. Election to Determine Question of Construction — Bonds —
Special Levy. 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
submit 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 Commissioners 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.

CHAPTER 254

MONTANA BEER ACT

2815.53. Election to Determine Whether or Not Beer Should Be
Sold in County to be Ordered Upon Application of One-third (%) of the
Voters of Any County. Upon application by petition, signed by one-
third (%) of the voters who are qualified to vote for members of the
Legislative Assembly in any county in the State, the Board of County
Commissioners must order an election to be held at the places of hold-
ing elections for county officers, 'to take place within forty (40) days
after the reception of such petition, to determine whether or not the
sale of beer as herein provided for shall be permitted within the limits
of the county. No election, under this section must take place in any
month in which the general elections are held. It shall be the duty
of the Board of County Commissioners to determine the sufficiency
of the petitions presented from an examinatilon of the roll of quali-
fied electors within the county.

2815.54. Notice of Election. The notice of election must be pub-
lished 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.

2815.55. Ballots — What to Contain. The County Clerk must fur-
nish the ballots to be used at such election, as provided in the general
election laws, which ballots must contain the following words: "Sale
of beer, yes"; "Sale of beer, no." And the elector in order to vote
must mark an "X" opposite one (1) of the answers.

130 ELECTION LAWS OF MONTANA

2815.56. Election — How Held. The polling places must be estab-
lished, the judges and other officers to conduct the election must be
designated, and the election must be held, canvassed and returned in
all respects in conformity to the general election laws of the State
of Montana.

2815.57. Effect When Vote Is Against Sale of Beer. If a majority
of the votes cast are against the sale of beer the Board of County
Commissioners must publish the result once a week for four (4)
weeks in the newspapers in which the notices of election were pub-
lished, 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 result of the election
as against the sale of beer, all licenses then existing shall be can-
celled by the State Board of Equalization, and thereafter it shall be
unlawful to sell any beer in any such county.

2815.58. No Election More Than Once in Two (2) Years. No elec-
tion shall be held in the same county oftener than once in any two
(2) years.

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

CHAPTER 255
STATE LIQUOR CONTROL ACT

Local Option Law

2815.96. Petition — Time for Election — Election to Be Ordered Upon
Application of One-third of the Voters of Any County. Upon applica-
tion by petition, signed by one-third of the voters who are qualified to
vote for members of the Legislative Assembly in any county in the
State, the Board of County Commissioners must order an election
to be held at the places of holding elections for county officers, to take
place within forty days after the reception of such petition, to deter-
mine 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 pre-
sented from the roll of registered electors of the territory affected.

2815.97. Notice of Election. The notice of election must be pub-
lished once a week for four weeks in such newspapers of the county
where the election is to be held as the Board of County Commissioners
may think proper.

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

2815.99. Election, How Held. The polling places must be estab-
lished, the judges and other officers to conduct the election must be
designated, and the election must be held, canvassed and returned in
all respects in conformity to the laws of the State.

2815.100. Dealing in Intoxicating Liquors Prohibited If Majority
Vote Against Sale. If a majority of the votes cast are "Sale of in-
toxicating liquors, no," the Board of County Commissioners must pub-
lish 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

ELECTION LAWS OF MONTANA 131

effect at the expiration of the time of the publication of the notice,
and thereupon all existing licenses shall be cancelled.

2815.101. No Election More Than Once in Two Years. No elec-
tion must be held in the same county oftener than once in two years
thereafter.

2815.102. Sale of Liquors Prohibited. If a majority of the votes
at the election are, "Sale of intoxicating liquors, no," it shall not
be lawful for any person within the county in which the vote was
taken, to sell, either directly or indirectly, or give away, to induce
trade at any place of business, or furnish to any person, any alcoholic,
spirituous, malt, or intoxicating liquors.

2815.103. Election, How Contested. Any election held under the
provisions of this Act may be contested in the same manner as pro-
vided by the general laws.

CHAPTER 84
LAWS OF 1937

30. Effective Date — Electors' Protest — Election. The provisions of
this act as to the issuance of licenses as herein provided shall be effec-
tive thirty (30) days after the passage and approval of this act. In
the event that during the said period of thirty (30) davs, a duly veri-
fied petition in writing signed by not less than thirty-five per centum
(35%) of the registered Qualified electors of anv countv file with the
Board of County Commissioners their protest against the issuance of
any licenses as herein provided bv the Montana Liquor Control Board
under the provisions of this act, then the said Montana Liquor Control
Board shall not issue any license or licenses within said county, except
as herein provided.

The Board of County Commissioners must within five (5) days
after the filing of said petition, meet and determine the sufficiencv of
the petition presented by ascertaining whether or not at least thirty-
five per centum (35%) of the signers of said petition are registered
electors of the territory or county affected. The Board of County
Commissioners must within ten (10) days after the filing of such peti-
tion, if such petition be sufficient therefor make an order callinsr an
election to be held within the countv in the manner and at the places
of holding an election for county offices in such county. Such election
to be held on a day fixed by the Board of County Commissioners
not more 'than thirty (30) davs after the filing of such petition for
the purpose of determining whether or not any license for the sale
of spirituous liquors vmay be sold within the limits of the county as
provided by the provisions of this act.

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

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

33. Polling Places. The polling places must be established, the
judges and other officers to conduct the election must be designated,
and the election must be held, canvassed and returned in all respects
in conformity to the laws of the state.

132 ELECTION LAWS OF MONTANA

34. Effect of Election. If a majority of the votes cast are "Sale
of alcoholic beverages, yes", the provisions of this act shall take effect
immediately. If a majority of the votes cast are "Sale of alcoholic
beverages, no", the Board of County Commissioners must publish the
result once a week for four (4) successive weeks in the paper in which
the notice of election was given, and at the expiration of the time
of the publication of such notice all existing' licenses shall be can-
celled and it shall thereupon be unlawful to sell, either directly or
indirectly, any liquor in such county under penalty of a fine of not
more than five hundred dollars ($500.00) or by imprisonment in the
county jail for a period not exceeding six (6) months, or by boVh
such fine and imprisonment; provided, however, that nothing herein
contained shall be construed to prevent or prohibit the sale of liquor
at or by a state liquor store under the Liquor Control Act.

35. Contest of Election. Any election held under the provisions
of the act may be contested in the same manner as provided by the
general election laws.

36. Restrictions As to Date of Second Election. If no petition
protesting against the issuance of licenses as herein provided be filed
with the Board of County Commissioners within thirty (30) days after
the passage and approval of this act, or if a majority of the votes
cast at any election held in pursuance of the filing of said petition as
herein provided, are "Sale of alcoholic beverages, no", then there shall
not be submitted to the qualified electors of said county any other
or further question as to the sale of alcoholic beverages within said
county for a period of two (2) years from and after the date of the
filing of said petition protesting the issuance of said license as herein
provided with the Board of County Commissioners.

CHAPTER 338
REMOVAL OF COUNTY SEAT

(Constitutional Provision Art. XVI)

4369. Petition. 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 election be held to determine whether or not such removal must be
made. The petition to remove the county seat of the county from the
place where it is fixed by law to another place must be presented to
the Board of County Commissioners at least sixty days prior to any
action thereon being taken by the Board of County Commissioners,
and action on said petition by the Board of County Commissioners
must be had at a regular meeting of said Board of County Commis-
sioners. 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 inspection of any and all persons interested therein, and
that said petition will be presented to the Board of County Commis-
sioners at its next regular session for action thereon. No other or
additional petition than the one originally filed shall be considered
by the Board of County Commissioners, except that at any time on o.r
before the date fixed for the hearing, any person having signed the
original petition for the removal of the county seat may file a state-
ment 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.

ELECTION LAWS OF MONTANA 133

4370. Submission to Electors — Who Are Taxpayers. If the petition
is signed by sixty-five per cent of the taxpayers of such county, the Board
of County Commissioners must at the next general election submit the
question of removal to the electors of the county; provided ,that the term
"taxpayers" used in this section shall be deemed to mean "ad valorem
taxpayers," and that for the purpose of testing the sufficiency of any
petition which may be presented to the County Commissioners as pro-
vided 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 assessment-roll of the county
for the purpose of ascertaining whether the petition bears the names
of sixty-five per cent of the ad valorem taxpayers as listed in said
assessment-roll; and if such petition then shows that it has not been
signed by sixty-five per cent of the voters of the county who are ad
valorem taxpayers thereof, after deducting from the said original
petition the names of all persons who may have signed such original
petition, and who may have filed, or caused to be filed, with the
County Clerk of said county or the Board of County Commissioners,
on or before the date fixed for the hearing, their statement in writing
of the withdrawal of their names from the original petition, it shall
be deemed insufficient, and the question of the removal of the county
seat shall not be submitted.

4371. Election, Notice of, How Held and Conducted. Notice of
such election, clearly stating the object, must be given, and the elec-
tion must be held and conducted, and the returns made, in all respects
in the manner prescribed by law in regard to the submitting of ques-
tions to the electors of a locality under the general election law.

4372. Voter to Vote for Place He Prefers. In voting on the ques-
tion, each elector must vote for the place in the county which he pre-
fers, by placing opposite the name of the place the mark X.

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

4374. Place Chosen To Be County Seat. In the notice provided
for in the next preceding section, the place selected to be the county
seat of the county must be so declared from a day specified in the
notice not more than ninety days after the election. After the day
named in the notice, the place chosen is the county seat of the county.

4375. Statement of Result and Notice Transmitted. Whenever any
election has been held, as provided for in the preceding sections of
this chapter, the statement made by the Board of County Commis-
sioners, showing the result thereof, must be deposited 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.

4376. No Second Election to Be Held Within Four Years. When
an election has been held and a majority of the votes are not cast for
some other place than that fixed by law as the former county seat,
no second election for the removal thereof must be held within four
years thereafter.

134 ELECTION LAWS OF MONTANA

4377. County Seat May Be Removed From Time to Time. When
the county seat of a county has been once removed by a popular vote
of the people of the county, it may be again removed from time to
time in the manner provided by this chapter.

CHAPTER 339
LOCATION OF COUNTY SEATS

4378. Meeting and Organization of Board of Commissioners on
Creation of New County — County Clerk. 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 of County Commissioners by elect-
ing one of their number chairman.

The person appointed to the office of County Clerk in the bill
creating the county shall be notified in writing by the County Com-
missioners, or some one of them, of the time and place of said meet-
ing, 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 Commis-
sioners shall at such meeting select some person qualified to hold
office of County Clerk to act as clerk of such meeting.

4379. Designation of Temporary County Seat — Special Election.

Immediately after the organization of the Board of County Commis-
sioners, as provided in the preceding section, said Board shall, by a
resolution spread upon the minutes of its proceedings, designate some
place within said county as and to be the temporary county seat until
the permanent county seat shall be located as hereinafter in this Act
provided. The place so 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-num-
bered year after the creation of the county, or at a special election as
hereinafter provided.

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

At said first general election after 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 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 ballots,
and the Board of County Commissioners shall declare the result of
such election and the location of the permanent county seat, and said
county seat shall be located in the manner and according to the pro-
visions of said Section 4386.

ELECTION LAWS OF MONTANA 135

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 or the Board of County Commissioners
of such county asking the Board to submit the question of the location
of the permanent county seat to the electors of the county at a special
election to be called and held in the manner hereinafter in this Act
provided. Said petition or petitions must contain in the aggregate
the names of at least one hundred taxpayers, whose names appear upon
the assessment-books containing the last assessment of the property
situated in such new county, and whose names also appear as registered
electors in some registration district established and existing in the
territory embraced in the new county at the last general election held
therein.

The petition or petitions when filed with the Board must also
have certificates attached thereto from the County Clerk of the county
in which the person or persons 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.

4380. Proceedings After Petition for County Seat Election. Upon
filing said petition or petitions, duly certified to as provided in the pre-
ceding section, with the County Clerk of the 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 election of the
qualified electors of said county for the purpose of voting upon the
question of the location of the permanent county seat.

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

4381. Division of County Into Registration and Polling Precincts.

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 regis-
tration districts and establish polling precincts in the manner provided
by law. It must also, at such meeting, make an order designating
the house or place within each precinct where the election shall be
held. It must also at the same session of the Board appoint registry
agents for the several registration districts established by it, who must
possess the qualifications required by law for registry agents. The
County Clerk must furnish the said registry agents with books, blanks,
and other stationery required for the proper performance of their duties.

4382. Registration of Voters. The period for the registration of
electors shall be between the hours of nine a. m. and nine p. m. on
all legal days from nine a. m. of the fourth Monday prior to the date
of said election to nine p. m. of the second following Saturday. It
shall be the duty of each registry agent to publish and post notices
of the time and places of registration in the manner provided by law
for the publication of notices of registration for general elections. No

136 ELECTION LAWS OF MONTANA

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, Revised Codes of Montana.

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

4383. Judges of Election — Ballots, Books, and Records. At the

same meeting of the Board of County Commissioners at which the
special election for the location of the permanent county seat is
called, the Board shall appoint three judges of election for each pre-
cinct in the county who shall act as the judges at said election. It
shall be the duty of the County Clerk to have printed and distributed
to the judges of election the necessary ballots, the form of which
shall be as provided in Section 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 pro-
vided by law.

4384. Applicability of General Election Laws. The judges ap-
pointed for said special election must qualify as required by the gen-
eral election law, and the polls must be opened and closed, the
voting done, the ballots counted, returns made to the Board of County
Commissioners, and all other matters connected with said election
carried on and conducted in accordance with and as provided by the
general election laws of this State.

4385. Form of Ballots. The form of the ballot used at such elec-
tions shall be as follows: There shall be a stub across the top of
each ballot, and separated therefrom by a perforated line. The part
above the perforated line, designated as the stub, shall extend the
entire width of the ballot, and shall have a depth of not less than
two inches. Upon the face of the stub there shall be printed in 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 presence of another judge write
his choice on the ballot.

4386. Canvass of Returns — Result of Election. When the name
of a town or place in a county shall be so inserted in the blank space
on such ballot by an elector, and the ballot has been cast as provided
by law, the same shall be deemed a vote for the designated town or
place as the location of the permanent county seat of said county.
The Board of County Commissioners of said county shall canvass
the returns of said election in the manner provided by law for the
canvassing of election returns, and upon such canvassing of returns
the town or place found to have received a majority of all votes cast on
such questions shall be declared by the Board the permanent county

ELECTION LAWS OF MONTANA 137

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
provided by law, the permanent county seat of such county. Within
ten days after the declaration of the result of such election, all records
and county offices of the county, if elsewhere located, must be moved
to and remain at the place declared the permanent county seat.

4387. Re-election in Case of Failure to Select County Seat. If no

town or place receives a majority of all votes cast on such ques-
tion, 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 election 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 bal-
lots in the form provided for in Section 4385 of this Code printed
and distributed as provided by law containing the names of said
candidates for the permanent county seat. On the stub of such ballots
shall be printed the following instructions:

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

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

□ for the permanent county seat.

□ for the permanent county seat.

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

4388. Applicability of General Laws to New Counties and Officers.

All laws of general nature applicable to the several counties of the
State of Montana and to the officers thereof, and to their powers and
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.

4389. Submission of Question of Locating Permanent County Seat
to Voters — Elections. Any county heretofore created, in which the
permanent county seat has not been located by valid election held
for the purpose of locating the permanent county seat of said county,
may have a special election, for the purpose of voting on such ques-
tion, called and held under the provisions of this Act, or if no special
election is held for such purpose, then said question shall be sub-
mitted 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 election shall be called for the purpose of submitting
such question unless a petition or petitions containing in the aggre-
gate the names of one hundred taxpaying electors of such county, whose
names appear upon the last assessment book, and also on the last
registration-books of said county, are filed with the Clerk of the Board
of County Commissioners within six months after the passage and
approval of this Act.

138 ELECTION LAWS OF MONTANA

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

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

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

CHAPTER 340

CREATION OF NEW COUNTIES BY PETITION
AND ELECTION

4390. Creation of New Counties — Debts and Assets Prorated —
Minimum Area and Valuation. New counties may from time to time
be formed and created in this State from portions of one or more coun-
ties, 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 preceding assessment; nor shall any new county be
established which shall reduce the area of any existing county from
which territory is taken to form such new county, to less than twelve
hundred 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 preceding assessment, of the county or counties
from which such new county is to be established, nor shall any new
county be formed which contains less than one thousand square miles
of surveyed land exclusive of all forest reserve land or Indian reser-
vations, not open for settlement, nor shall any line thereof pass
within fifteen miles of the court house situate at the county seat of
the county sought to be divided; provided, that such county line may
be run within a distance of ten miles of a county seat in cases where
the natural contour of the county, by reason of mountain ranges or
other topographical conditions, is such as to make it 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 com-
mission 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
prorata proportion of the existing debts and liabilities of the county or
counties from which such territory shall be taken, and shall be en-
titled 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.

ELECTION LAWS OF MONTANA 139

4391. Ba.sis of Taxation Upon Creation Of New County — Terms
Used in Law Defined. 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 determined on the same basis as is used for the imposition
of taxes in the State of Montana, to-wit: By taking that percentage
of the true and full value of all taxable property in any county speci-
fied by 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 con-
strued as meaning taxable valuation determined as herein provided,
not the full and true valuation of property.

4392. Cities and Towns Eligible for County Seat. No city, town,
or village shall become the temporary or permanent county seat of any
county organization under the provisions 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 incorporated in the manner pro-
vided 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.

4393. Petition for Creation of New County — Attached Affidavits —
Notice and Hearing. Whenever it is desired to divide any county or
counties and form a new county out of a portion of the territory of
such then existing county or counties, a petition shall be presented to
the Board of County Commissioners of the county from which the new
county is to be formed, in case said proposed new county is to be
formed from but one county, or to the Board of County Commissioners
of the county from which the largest area of territory is proposed to
be taken for the formation of such new county, in case said new county
is to be formed from portions of two or more existing counties; and
such Board of County Commissioners shall be empowered and have jur-
isdiction to do and perform all acts provided for to be done or performed
in this Act, for each of the several counties from which any pro-
posed 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 coun-
ty 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 terri-
tory 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 a 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.

140 ELECTION LAWS OF MONTANA

Such petition or petitions shall contain:

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

2. A statement that no line thereof passes within fifteen miles of
the court house situated at the county seat of any county proposed to
be 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 peti-
tion 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 pro-
posed new county, or of the proposed portion thereof, taken from each
existing county, where the proposed new county is to be formed from
portions of two or more existing counties; that the signatures affixed
thereto are genuine; and that each of such persons so signing was a
qualified elector of such county therein sought to be divided, at the date
of such signing. Such petition or petitions so verified, and the verifica-
tion 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 Commissioners,
said clerk shall forthwith fix a date to hear the proof of the said peti-
tions 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 news-
paper of general circulation published in the old counties, but not
within the proposed new county, and also a newspaper of general cir-
culation published within the boundaries of the proposed new county,
if there be such, in which the said County Clerk shall order the 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 Commissioners
with which said petition was filed), praying for the formation of a

new county out of a portion of the said county

and county (naming the county or counties

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 at , Montana.

, County Clerk.

ELECTION LAWS OF MONTANA 141

Said petitioners shall, on or before the date fixed for said hearing,
file with the said Board of County Commissioners a bond to be approved
by said Board, in an amount of Five Thousand Dollars, payable to the
county in which said petition is filed, conditioned that the obligators
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 creation of a proposed county shall be filed or con-
sidered which have not been filed with the County Clerk on or before
the date fixed for the hearing. No withdrawals of any signature from
the petition for the exclusion of territory shall be received or considered
which is not filed within five days after the filing of the petition for such
exclusion of territory.

The Board of County Commissioners, on the final 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
provided.

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

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

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

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

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

142 ELECTION LAWS OF MONTANA

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 offi-
cial registration books on the day of the filing of any such petition)
of any territory lying within said proposed new county contiguous to
the boundary line of the said proposed new county, and of the old
county from which such territory is proposed to be taken, and lying
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
petition 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 pro-
posed new county, and of the old county or counties from which such
territory is proposed to be included, asking that said territory be in-
cluded within the proposed new county, must make such changes in the
proposed boundaries as will include such territory in such new county,
and shall establish and define such boundaries; provided, however, that
the segregation of such territory from any old county or counties shall
not leave such county or counties with less than Twelve Million Dollars
of assessed valuation, based upon the last assessment-roll; provided,
that no change or changes so made shall result in reducing the valua-
tion of the proposed new county to less than an assessed valuation of
Ten Million Dollars, inclusive of all assessed valuation; and provided,
further, that no 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 boun-
daries 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.

4394. Duty of Commissioners When Findings Justify New County —
Division Into Township, Road, and School Districts — Change of Boun-
daries of Election Precincts — Election — Temporary County Seat. If the

said Board of County Commissioners determine 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 surveyed land, and that 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 courthouse situate at the county seat of any county pro-
posed to be divided, except as hereinbefore provided, and that said peti-
tion contains the genuine signature of at least fifty-eight per cent, of
the qualifid 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 elec-
tors of that portion of the proposed new county from which it is taken,
then the said Board of County Commissioners shall divide the proposed
new county into a convenient number of township, road, and school
districts, and define their boundaries and designate the names of such
districts. Said Board of County Commissioners shall also, if necessary

ELECTION LAWS OF MONTANA 143

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 Com-
missioners 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 estab-
lishment 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 pro-
posed new county, and who have resided within the limits of the pro-
posed 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 territory which is
proposed to be taken for the new county, and a copy thereof shall be
mailed immediately by the County Clerk of the county in which the
petition is filed to the County Clerk of each county from which territory
is taken for the proposed new county. Such proclamation and notice
shall require the voters to cast ballots which shall contain the words,

"For the new county of (giving the name of the

proposed new county)" "Yes," and "For the new county of

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

of ," "Yes," 'in the manner now required by law in

other elections, and each voter' desiring to vote against the establish-
ment and organization of said new county shall mark a cross (X) op-
posite 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

144 ELECTION LAWS OF MONTANA

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 Board
of County Commissioners with which is filed the said petition for the
formation and establishment of such new county, and such Board shall
cause the Clerk of said county to furnish to the officers of each pre-
cinct in such proposed new county all ballots, poll lists, tally lists,
registers for voters' signatures, ballot-boxes, and other election supplies
and equipment necessary to conduct such election, and which are not
hereinafter specifically directed to be furnished by the Clerk of another
county or counties. Such election shall be governed and controlled by
the general election laws of the State, so far as the same shall be ap-
plicable, except as herein otherwise provided. The returns of all elections
for the creation of the county, and for officers and for location of the
county seat as provided for in this Act, shall be made to and canvassed
by the Board of County Commissioners of the county from which the
largest area is taken by the proposed county.

The County Clerk of each county from which territory is taken for
the proposed new county shall, not less than five days before the date
of such election, furnish to each board of election within said proposed
new county, a copy of the official register for the precincts of such
proposed new county as are within their respective counties, and the
copies of indexes thereof required by law containing the names of all
persons who were qualified electors at the last general election before
the date of such election.

All returns of election herein provided for shall be made to the
Board of County Commissioners calling 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, printing,
and distribution of sample ballots, except the provisions of said laws
relating to primary elections in this State, shall have application to any
election provided for in this Act.

4395. Measures to Be Taken After Election — Officers — Effect of
Adverse Vote. If, upon the canvass of the votes cast at such election,
it appears that fifty-eight per cent, of the votes cast are "For the new

county of ," "Yes," the Board of County Commissioners

shall, by a resolution entered upon its minutes, declare such territory
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 designating and de-
claring the person receiving respectively the highest number of votes
for the several offices to be filled at said election, to be duly elected
to such offices. Said Board shall forthwith cause a copy of its said
resolution, duly certified, to be filed in the office of the Secretary of
State, and ninety days from and after the date of such filing said new-
county shall be deemed to be fully created, and the organization thereof
shall be deemed completed, and such officers shall be entitled to enter
immediately upon the duties of their respective offices upon qualifying
in accordance with law and giving bonds for the faithful 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

ELECTION LAWS OF MONTANA 143

persons so declared and designated to be elected, a certificate of elec-
tion authenticated by his signature and the seal of said county. The
persons elected members of the Board of County Commissioners and
the County Clerk shall immediately, upon receiving their certificates
of election, assume the duties of their respective offices.

The Board of County Commissioners shall have 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 offices until the time provided by general law for the election
and qualification of such officers in this State, and until their succes-
sors are elected and qualified, and for the purpose of determining the
term of office of such officers, and years said officers are to hold office
are to be computed respectively from and including the first Monday
after the first day of January following the last preceding general
election. If, however, upon such canvass it appears that more than forty-
two per cent, of the votes cast at said election are "for the new county

of ," "No," the Board of County Commissioners

canvassing said vote as provided herein shall pass a resolution in ac-
cordance therewith, and thereupon the proceedings relating to division
of such county or counties shall cease; and no other proceedings in
relation to any other division of said old county or counties shall be
instituted for at least two years after such determination.

4396. Officers of New County — Judicial District. 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 counties of the first class to which the
said new county is determined to belong, as herein provided; provided, that
all duly elected, qualified and acting officers of the county or counties,
who may reside within the proposed new county, shall be deemed to
be officers of said new county if they file with the Board of County
Commissioners, whose duty it shall be to call the election, within five
davs after the final hearing and determination of said petition for such
proposed new county, their intention to become officers of said proposed
new county, and the Board of Countv Commissioners issuing the proc-
lamation of any election, as in this Act provided, shall omit providing
for the election of any such officers as may have filed their declaration
as herein provided; and provided, also, that all duly elected, aualified,
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 countv for the re-
mainder of the term for which they were elected on qualifying" as Jus-
tices of the Peace or Constables for the respective townships in which
thev reside, when said townships are organized as provided in this Act;
provided, further, that all dulv elected, qualified, and acting School
Trustees residing within the proposed new county at the time of the
division of such countv into school districts, as hereinbefore in Section
4394 provided, shall hold office as School Trustee in said new county for
the remainder of the term for which thev 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 countv under the provisions
of this Act shall qualify in the manner provided bv law for such of-
ficers, except as herein otherwise provided, and shall enter upon the
discharge of the duties of his office within such time as herein pro-
vided, after the receipt of the certificate of his election. Each of such
officers may take the oath of office before any officers authorized bv
the laws of the State of Montana to administer oaths, and the bond of

146 ELECTION LAWS OF MONTANA

any officer from which a bond is required shall be approved by any
Judge of the District Court of the district to which such new county is
attached for judicial purposes. The officers elected or appointed under
the provisions of this Act shall each perform the duties and receive the
compensation now provided by general law for the office to which he
has been appointed or elected in the counties of the class to which such
new county shall have been determined to belong, as herein provided
under the general classification of counties in this State.

Said new county, when created and organized in pursuance of the
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.

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

4396.2. Board of County Commissioners to Be Elected. At the

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

4404. Publication by Posting of Notice. 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 re-
quired 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.

4405. State Senator and Member of House of New County. The

territory within the limits of any new county, until otherwise provided
by law, shall be entitled to representation in the State Senate by one
State Senator; and to representation in the House of Representatives by
one Member of the House of Representatives.

4406. Misdemeanor and Malfeasance in Office. Any member of
the Board of County Commissioners, or any other officer who unlaw-
fully and knowingly violates any of the provisions of this Act, or fails
or refuses to perform any duty imposed upon him hereunder, shall be
guilty of a misdemeanor and of malfeasance in office, and shall be de-
prived of his office by a decree of a court of competent jurisdiction,
after trial and conviction.

4407. Repealing and Saving Clause. All Acts and parts of Acts in
conflict herewith are hereby repealed, with the exception: This Act
shall not apply in any cases whereby the election has been held under
the Act passed by the Fifteenth Legislative Session for the creation of
counties and a majority vote has been cast in favor thereof, but the
provisions of this Act shall be deemed in full force and effect so far
as they may affect any 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 pro-
ceedings in relation 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 pro-
vided in this section, any bond which may have been given in pursuance
with the provisions of law relating to the costs of election for the crea-
tion of any proposed new county shall be deemed void, and no liability
shall be incurred thereunder.

ELECTION LAWS OF MONTANA 147

CHAPTER 105

Laws of 1937

An Act Providing for the Abandonment and Abolishment of Counties
and for Attaching the Territory of 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 Boards 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 Coun-
ties and for Tax Levies for Such Purpose; and Providing for the
Disposition of the Moneys, Credits and Property Owned by Aban-
doned 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 abandoning 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-
five 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 qualified 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 quali-
fied electors. Such clerk may be authorized by the Board of County
Commissioners to employ additional help in his office to assist him in
the work of examining such petition and such Board shall provide for
their compensation. When such examination is completed said Clerk
shall forthwith attach to such petition his certificate, properly dated
and signed, showing the result of his examination, and if said certificate
shows that said petition is signed by the required number of qualified
electors, said Clerk shall immediately present said petition to the Board
of County Commissioners, if such Board be then in session, otherwise
at its first regular meeting after the date of such certificate. No person,
after signing any such petition shall be allowed or permitted to with-
draw 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 whosp names appear upon the registration records of
said county, as provided in Section 2 of this Act, said Board of County
'Commissioners 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

148 ELECTION LAWS OF MONTANA

(30) nor more than thirty-five (35) days after the date when said order
is made, and shall cause a notice to be published in the official news-
paper of the county to the effect that such petition has been presented
to such Board asking for the abandonment and abolishment of the
county and that said Board will meet at the time specified in said order
for considering and taking final action on said petition, at which time
any and all registered electors of the county interested therein may
appear and be heard thereon. Such notice shall be published once a
week for two ( 2 1 successive 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 (509r)
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 peti-
tion for abandonment, separate and independent petitions may be filed
by registered 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 coun-
ties, other than the county named and designated in the petition for
abandonment, if said county is abandoned. No person after signing any
such petition shall be allowed or permitted to withdraw his signature
or name therefrom.

Section 4. On the day fixed by the Board for consideration and
final action on such petition for abandonment the Board shall meet and
examine and consider all petitions which may have been filed praying
that particular parts or portions of said county, if abandoned, be at-
tached to an adjoining county or counties, other than the county named
in such petition for abandonment, and shall determine the sufficiency
of each such petition filed, and shall enter its findings with regard
thereto in its minutes, and said Board shall thereupon adopt a resolu-
tion, 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 exist-
ence 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;

ELECTION LAWS OF MONTANA 149

(If any petition for attaching any part or portion of the county, in
case of abandonment to an adjoining county or counties, other than the
county named in the petition for abandonment, and found to have been
signed by the required number of registered electors, insert the 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
portions to any other county or counties, then describe the part or
portion to go to each adjoining county as well as to the county named in
the petition for abandonment.)

AND BE IT FURTHER RESOLVED, that the County Clerk of
(name) county, Montana, make copies of this resolution, each with a
copy of said petition for abandonment, with the signatures omitted
therefrom (and copies of petitions for attaching parts or portions of
said county to adjoining county or counties, other than the county
named in the petition for abandonment ,if any were filed and found suf-
ficient, with signatures omitted) and certify to the same and affix the
seal of the county thereto, and transmit one of said copies to the Gov-
ernor 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 abon-
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
each county designated in such resolution as a county to which any
of the territory of such county, if abandoned and abolished, shall be
attached and made a part ,at which election there shall be submitted to
the qualified electors of the county in which such 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 territory of the county, proposed to be abandoned and abolished,
shall be attached and made a part, if such county shall be so aban-
doned 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
proclamation shall fix a day for holding such election in such counties,
which shall be not less than ninety days nor more than one hundred
and twenty days after the date of the date of the Governor's proclama-
tion 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

ISO ELECTION LAWS OF MONTANA

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 description
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 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 boun-
daries 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:

□

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 abol-
ished.

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 such 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

ELECTION LAWS OF MONTANA 151

the Secertary of State, as secretary of such Board must make and file
in his office a statement thereof and transmit a copy thereof to the
Governor. Upon receipt of such copy the Governor shall issue a proc-
lamation 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 coun-
ties in which such election was held, and each such County Clerk shall
file the same in his office and present the same to the Board of County
Commissioners of his county, if such Board is then in session, other-
wise 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-
tached, shall be in favor thereof, then the organization and political and
corporate existence of the county in which such petition for abandon-
ment was filed shall cease and terminate and said county shall be. aban-
doned and abolished and disincorporated and cease to exist and its
territory shall be attached to and become a part of the counties desig-
nated in the resolution adopted under Section 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 Representa-
tive in the Legislative Assembly shall cease and terminate at twelve
(12:00) o'clock midnight on the thirtieth day of June immediately fol-
lowing; 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 attach, shall be against the attaching of any portion of the
territory of the abandoned county to such adjoining county, then such
portion of such territory described in said resolution shall be attached
and become a part of the county designated in such resolution for aban-
donment as the county to which the territory of the abandoned county
shall attach.

CHAPTER 345

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.

CHAPTER 346

4515. Commissioners to Provide Appliances for Holding Elections,
and Allow Expenses. The Board of County Commissioners must pro-
vide all poll-lists, poll-books, blank returns and certificates, proclama-
tions of elections, and other appropriate and necessary appliances for
holding all elections in the county, and allow reasonable charges there-
for, and for the transmission and return of the same to the proper
officers.

4516. Issuance of Certificates of Election, as Board of Canvassers.
Whenever, as canvassers, the Board of County Commissioners declare
the result of any election held in the county, certificates must be by the
Clerk of the Board issued to all persons elected to a county office or

152 ELECTION LAWS OF MONTANA

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.

CHAPTER 356

COUNTY FINANCES— BONDS, AND WARRANTS

4630.7. Petition and Election Required for Bonds issued for Other
Purposes. 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', I
of the qualified electors of the county, who are taxpayers upon property
within the county and whose names appear on the last completed as-
sessment roll for State and county taxes.

4630.8. Form, Contents and Proof of Petition. Every petition for
the calling of an election to vote upon the question of issuing county
bonds shall plainly and clearly state the purpose or purposes for which
the proposed bonds are to be issued, and shall contain an estimate of
the amount necessary to be issued for such purpose or purposes. There
may be a separate petition for each purpose, or two (2) or more pur-
poses may be combined in one (1) petition if each purpose, with an
estimate of the amount of bonds necessary to be issued therefor, is
separately stated in such 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 peti-
tioners, and attach thereto a certificate under his official signature and
the seal of his office, which certificate shall set forth:

(1) The total number of persons who are registered electors and
whose names appear upon the last completed assessment roll for State
and county taxes.

(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.

4630.9. Consideration of Petition — Calling Election. When such
petition has been filed with the County Clerk and he has found that it
has a sufficient number of signers, qualified to sign the same, he shall
place the same before the Board of County Commissioners at its first
meeting held after he has attached his certificate thereto. The Board
shall thereupon carefully examine the petition and make such other
investigation as it may deem necessary.

ELECTION LAWS OF MONTANA 153

If it is found that the petition is in proper form, bears the requisite
number of signers of qualified petitioners, and is in all other respects
sufficient, the Board shall pass and adopt a resolution which shall recite
the essential facts in regard to the petition and its filing and presenta-
tion, 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 sub-
mitted to the qualified electors of the county at the next general elec-
tion, or at a special election which the Board may call for such purpose.

4630.10. Notice of Election — Election Hours — Election Officers.

Whether such election is held at the general election, or at a special
election, separate notice shall be given thereof. Such notice shall state
the date when such election will be held, the hours between which the
polls will be open, the amount of bonds proposed to be issued, the pur-
pose 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 separately 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 preceeding 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 elec-
tion shall act as the judges and clerks for such bond election.

4630.11. Form of Ballots and Conduct of Election. The form of
ballots shall be as prescribed by Section 4722; but if bonds are sought
to be issued for two (2) or more separate purposes, then separate ballots
must be provided for each purpose. The election shall be conducted in
the manner prescribed by said Section 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 separate returns must be made by the judges
and clerks at such election.

4630.12. Who Are Entitled to Vote. In all county bond elections
hereafter held only qualified registered electors residing within the coun-
ty, who are taxpayers upon property therein and whose names appear
upon the last completed assessment roll for State, county and school dis-
trict taxes, shall have the right to vote. Upon the adoption of the resolu-
tion 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 reg-
istration books shall be closed for such election. Such notice must be pub-
lished at least ten (10) days prior to the day when such registration
books will be closed.

154 ELECTION LAWS OF MONTANA

After the closing of the registration books for such election the
County Clerk shall promptly prepare lists of the registered electors
of such voting precinct, who are taxpayers upon property within the
county and whose names appear on the last completed assessment roll
for State, county and school district taxes, and who are entitled to vote
at such election, and shall prepare 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.)

4630.13. Percentage of Electors Required to Authorize Bond Issue.

Whenever the question of issuing county bonds for any purpose is sub-
mitted to the qualified electors of a county, at either a general or spe-
cial 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; provided, how-
ever, that if forty per centum (40%), or more of such qualified electors
do vote on such question ,a't 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.

4630.14. Canvass of Election Returns — Resolution for Bond Issue.

If the bonding election be held at the same time as a general election,
then the returns shall be canvassed at the same time as the returns from
such general election; but if the bonding election is a special election,
then the Board of County Commissioners shall meet within ten (10)
days after the date of holding such special election and canvass the
returns. If it is found that at such election forty per centum (40%)
or more ,of the qualified electors entitled to vote at such election voted
on such question, and that a majority of such votes were 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 providing for the issuance of such bonds.
Such resolution shall recite the purpose for which such bonds are to
be issued, the amount thereof, the maximum rate of interest the bonds
may bear, the date they shall bear, the period of time through which
they shall be payable, the optional provisions, if any; and provide for
the manner of the execution of the same. It shall provide that prefer-
ence shall be given amortization bonds but shall fix the denomination
of serial bonds in case it shall be found advantageous to issue bonds in
that form, and shall adopt a form of notice of the sale of the bonds.

The Board may, in its discretion, provide that such bonds may be
issued and sold in two or more series or installments.

CHAPTER 358
BOND ISSUE AND TAX LEVY FOR BRIDGE CONSTRUCTION

4713. Increased Tax Levy for Road and Bridge Construction. The

Board of County Commissioners may, in their discretion, for the pur-
pose 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 provisions of this Act
as are expended on State and main highways shall be expended under
plans approved by the State Highway Commission.

4714. Submission of Question to Electors. Before such increased
levy shall be made, the question shall be submitted to a vote of the peo-
ple at some general or special election, and shall be submitted in the
following form, inserting the number of mills proposed to be levied:

ELECTION LAWS OF MONTANA 15S

"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."

4715. Majority Vote Required. A majority of the votes cast shall
be necessary to adopt such measure.

4716. Collection of Tax. Such levy shall be collected in the same
manner as other road taxes are collected.

CHAPTER 359

QUESTION OF RAISING MONEY TO BE SUBMITTED

TO A VOTE

(Constitutional Provisions, Art. XIII, Sec. 5)

4717. Commissioners Not to Borrow Money Except as Herein Pro-
vided. The Board of County Commissioners must not borrow money
for any of the purposes mentioned in this title, or for any single pur-
pose to an amount exceeding Ten Thousand Dollars, without the ap-
proval 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.

4718. Commissioners to Determine Amount Necessary. Whenever
it is necessary to submit to a vote of the electors of the county the
question of making a loan, the Board must first determine the amount
necessary to be raised.

4719. Notice of Election to Be Given. Notice of the election, clear-
ly 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 sub-
mission of questions to the electors of a locality under the general
election law.

4720. Ballots — What to Contain. There must be written or printed
on the ballots the words "For the loan" and "Against the loan," and
in voting the elector must vote for the proposition he prefers by making
an X opposite the proposition.

4721. When Loan May Be Made. If a majority of the votes cast
are in favor of the loan, then the Board may make the loan, issuing
bonds, or otherwise, as may seem best for the interests of the county.

4722. Form of Ballots — Voting. 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 sub-
mitted, or to be submitted to the eletcors 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 be voted upon or for by the
qualified electors of such county, such question or proposition relating
to bonds or bonded indebtedness shall not be placed or printed upon the
official ballots furnished electors at such election for the purpose of

156 ELECTION LAWS OF MONTANA

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 Commissioners shall authorize, and the County Clerk shall
have printed and furnished to election judges and officials in each
voting precinct of such county, separate ballots therefor, equal in
number to the official ballots so furnished, and containing the names
of such candidates for office. Said separate ballots shall be white in
color and of convenient size, being only large enough to contain the
printing herein required to be done and placed thereon, and shall have
printed thereon in fair-sized, legible type and black ink, in one line or
more, as required, the words "For" said bonding proposition (stating
it and the terms thereof explicitly and at length), and 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.

CHAPTER 360
GOVERNMENT OF COUNTIES

(Constitutional Provisions, Art. XVI, Sec. 4-6,)

4723. General Qualifications for County Office. No person is
eligible to a county office who at the time of his election is not of the
age of twenty-one years, a citizen of the State, and an elector of the
county in which the duties of the office are to be exercised, or for which
he is elected.

4724. Same for District and Township Offices. No person is elig-
ible to a district or township office who is not of the age of twenty-one
years, a citizen of the State, and an elector of the district or township
in which the duties of the office are to be exercised, or for which he
is elected.

4725. County Officers Enumerated. The officers of a county are:

A Treasurer;

A County Clerk;

A Clerk of the District Court;

A Sheriff;

A County Auditor, except in the sixth, seventh, and eighth class
counties;

ELECTION LAWS OF MONTANA 157

A County Attorney;

A Surveyor;

A Coroner;

A Public Administrator;

An Assessor;

A County Superintendent of Common Schools;

A Board of County Commissioners.

4726. Township Officers. The officers of townships are two Jus-
tices of the Peace, two Constables, and such other inferior and sub-
ordinate officers as are provided for elsewhere in this Code, or by the
Board of County Commissioners.

4728. County and Other Officers, When Elected and Term of Office.

There shall be elected in each county the following county officers who
shall possess the qualifications for suffrage prescribed by the consti-
tution 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
Superintendent of Schools; one County Surveyor; one Assessor; one
Coroner; one Public Administrator. Persons elected to the different
offices named in this section shall bold 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
the duties of the said offices consolidated; however, the provisions here-
of shall not be construed as allowing one (1) office incumbent to be en-
titled to the salaries and emoluments of two (2) or more offices; pro-
vided, 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 anv two (2) or more of the within named offices, and
shall cause the said order to be published in a newspaper, published
and circulated generally in said county, for a period of six (6) weeks
next following the date of entry of said order.

(As amended by Chapter 134, Laws of 1939.)

4729. Election and Term of County Commissioners. The election
and terms of office of County Commissioners are provided for in the
constitution.

4730. District Judges and Justices of the Peace — Election and Term
of Office. The election and term of office of District Judges and
Justices of the Peace are provided for in the Code of Civil Procedure.

158 ELECTION LAWS OF MONTANA

CHAPTER 374
COUNTY MANAGER FORM OF GOVERNMENT

4954.1. County Manager Plan of Government May Be Adopted. Any

county in the State is hereby authorized to adopt a county manager form
of government as herein defined, and in accordance with the procedure
herein specified.

4954.2. Method of Adoption (a) Upon a petition filed with the Board
of County Commissioners signed by not less than 20 per cent, of the whole
number of voters who voted at the last general election asking that a refer-
endum be held on the question of adopting the county manager form of gov-
ernment, it shall be the duty of the Board of County Commissioners
to submit the question at the next regular election or call a special elec-
tion 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 ques-
tion 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 as-
signed to him by the County Manager.

4954.23. The Reeall of County Commissioners One or more
County Commissioners may be removed by the electors qualified to
vote for a successor of such incumbent. A petition of fifty-one per cent,
of all qualified electors registered for the last general election, demand-
ing the election of a successor to the person sought to be removed,
shall be filed with the Director of Finance of the county, which peti-
tion 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, com-
petent 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 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 filing of such petition. The Director of Finance shall
cause to be made publication of notice and all arrangements for holding
of such election and the same shall be conducted and returned and the
results thereof declared, in all respects and in the same manner as any
other election. Nominations hereunder shall be made by filing with
the Director of Finance, at least thirty days prior to such special
election, a statement of candidacy, accompanied by a petition signed
by electors 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:

ELECTION LAWS OF MONTANA 159

"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 other-
wise in writing, the Director of Finance shall place his name on the
official ballot without nomination. In case of any such removal elec-
tion, the candidate or candidates receiving the highest number of votes
shall be declared elected. If the incumbent is not re-elected, he there-
upon shall be deemed removed from the office, upon the qualification
of his successor. If the incumbent receives the highest number of votes,
or in case of a removal election for more than one commissioner, he or
they receiving a sufficient number of votes so that his or their vote
is the highest number for said office or offices of commissioner, he
or they shall continue in office. The said method of removal shall be
cumulative and additional to the methods herein provided by law.

CHAPTER 376

CLASSIFICATION AND ORGANIZATION OF CITIES

AND TOWNS

4961. Organization of Cities and Towns — Petition and Census.

Whenever the inhabitants of any part of a county desire to be organ-
ized into a city or town ,they may apply by petition in writing, signed
by not less than fifty qualified electors, residents of the State, and
residing within the limits of the proposed incorporation, to the Board
of County Commissioners of the county in which the territory is situ-
ated, which petition must describe the limits of the proposed city or
town, and of the several wards thereof, which must not exceed one
square mile for each five hundred inhabitants resident therein. The peti-
tioners must annex to the petition a map of the proposed territory
to be incorporated, and state the name of the city or town. The peti-
tion 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 up-
wards.

4962. Election — How Conducted. After filing the petition and
census, if there be the requisite number of inhabitants for the forma-
tion of a municipal corporation, as required in the preceding section,
the County Commissioners must call an election of all the qualified
electors residing in the territory, described in the petition. Said election
must be held at a convenient place within the territory described in
the petition, to be designated by the Board, notice of which election
must be given by publication 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

160 ELECTION LAWS OF MONTANA

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.

4963. First Election for Officers. When the incorporation of a
city or town is completed, the Board of County Commissioners must
give notice for thirty days in a newspaper published within the limits
of the city or town, or, if none be published therein, by posting notices
in six public places within the limits of the corporation, of the time and
place or places of holding the first election for offices of the corpora-
tion. At such election all the electors qualified by the general election
laws of the State, and who have resided within the limits of the city
or town for six months, and within the limits of the ward for thirty
days preceding the election, are qualified electors and may choose
officers for the city or town, to hold office as prescribed in the next
succeeding section.

4964. Officers Elected and Conduct of Election. At such elec-
tion there must be elected, in a city of the first class, a Mayor, a
Police Judge, a City Attorney, a City Treasurer, a City Marshal, and
two Aldermen from each ward into which the city may be divided;
in a city of the second class, a Mayor, a Police Judge, a City Treasurer,
a City Marshal, and two Aldermen from each ward; in a town, a Mayor,
and two Aldermen from each ward, who hold office until the first Mon-
day 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 Commis-
sioners 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.

4967. Old Officers Continue in Office — Election. All officers of
such city or town holding office at the time of the adoption of this
Code remain in office until the next annual election and the first Mon-
day 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 elec-
tions must be held under the provisions of this Code relative to the
government of cities and towns.

CHAPTER 377

CHANGE OF CLASSIFICATION OF CITIES AND TOWNS

4971. New Officers — Election The first election of officers of
the new municipal corporation organized under the provisions of this
chapter must be at the first annual municipal election after such pro-
ceedings, and the old officers remain in office until the new officers are
elected and qualified.

CHAPTER 378

ADDITIONS TO CITIES AND TOWNS

4979. Election on Question of Annexation. When a city or town
desires to be annexed to another and contiguous city or town, the coun-
cil of each thereof must appoint three commissioners to arrange and
report to the municipal authorities respectively, the terms and condi-
tions on which the annexation can be made, and if the City or Town
Council of the municipal corporation to be annexed approves of the

ELECTION LAWS OF MONTANA 161

terms thereof, it must by ordinance so declare, and thereupon submit
the question of annexation to the electors of the respective cities or
towns. If a majority of the electors vote in favor of annexation, the
Council must so declare, and a certified copy of the proceedings for
annexation and of the 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.

CHAPTER 381
CITIES AND TOWNS— OFFICERS AND ELECTIONS

4995. Officers of City of the First Class. The officers of a city
of the first class consist of one Mayor, two Alderman for each ward,
one Police Judge, one City Treasurer, who may be ex-officio Tax Col-
lector, who must be elected by the qualified electors of the city as
hereinafter provided. There may also be appointed by the Mayor, with
the advice and consent of the Council, one City Attorney, one City
Clerk, one Chief of Police, one Assessor, one Street Commissioner, one
City Jailer, one City Surveyor, and whenever a paid fire department
is established in such city, a Chief Engineer and one or more assistant
engineers, and any other officers necessary to carry out the provisions
of this title. The City Council may, by ordinance, prescribe the duties
of all city officers and fix their compensation, subject to the limitations
contained in this title.

4996. Officers of City of Second and Third Classes. The officers of a
city of the second and third classes consist of one Mayor, two Aldermen
from each ward, one Police Judge, one City Treasurer, who may be ex-
officio Tax Collector, who must be elected by the qualified electors
of the city as hereinafter provided. There may also be appointed by
the Mayor, with the advice and consent of the Council, one City Clerk,
who is ex-officio City Assessor, one Chief of Police, one City Attorney,
and any other officer 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.

4997. Officers of Towns. The officers of a town consist of one
Mayor and two Aldermen from each ward, who must be elected by the
qualified electors of the town as hereinafter provided. There may be
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 Coun-
cil, and one Treasurer, who may be ex-officio Tax Collector, and one
Marshal, who may be ex-officio Street Commissioner, and any other
officers necessary to carry out the provisions of this title. The Town
Council may prescribe the duties of all town officers, and fix their
compensation, subject to the limitations contained in this title.

5001. City or Town to Be Divided Into Wards. The first City or
Town Council elected under the provisions of this title must divide the
city or town into wards for election and other purposes, having regard
to population so as to make them as nearly equal as possible.

5002. Division of Cities and Towns Into Wards. Cities of the
first class must be divided into not less than four nor more than ten
wards; cities of the second class into not less than three nor more than
six wards; and cities of the third class into not less than two nor more
than four wards; and towns into not less than two nor more than three
wards. Provided, however, that the town council may by ordinance re-

162 ELECTION LAWS OF MONTANA

duce the number of wards in a town to only one if it so desires. All
changes in the number and boundaries of wards must be made by ordi-
nance, and no new ward must be created unless there shall be within
its boundaries one hundred and fifty electors, or more.

5003. Annual Election in Cities amd Towns — Terms of Office. On

the first Monday of April of every second year a municipal election
must be held, at which the qualified electors of each town or city must
elect a Mayor and two Aldermen from each ward, to be voted for by
the wards they respectively represent; the Mayor to hold office for a
term of two (2) years, and until the qualification of his successor; and
each Alderman so elected to hold office for a term of two (2) years,
and until the 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 Monday in April, 1936,
at which election a successor to such Mayor, Alderman, Police Judge
or City Treasurer shall be elected for a term of one (1) year, and there-
after no election shall be held for the election of city officers, except
every second year.

5004. Qualification of Mayor. No person shall be eligible to the
office of Mayor unless he shall be at least twenty-five years old and
a taxpaying freeholder 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.

5005. Terms of Aldermen — How Decided. At the first annual elec-
tion held after the organization of a city or town under this title, the
electors of such city or town must elect two Aldermen from each ward,
who must, at the first meeting of the Council, decide by lot their terms
of office, one from each ward to hold for a term of two years, and
one for the term of one year, and until the qualification of their suc-
cessors.

5006. Terms of Office — When to Begin. The terms of all officers
elected at a municipal election are to commence on the first Monday
in May after such election.

5007. Who Eligible. No person is eligible to any municipal office,
elective or appointive, who is not a citizen of the United States, and
who has not resided in the town or city for at least two years im-
mediately preceding his election or appointment, and is not a qualified
elector thereof.

5008. Qualification of Aldermen. No person shall be eligible to
the office of Alderman unless he shall be a taxpaying freeholder within
the limits of a city, and a resident of the ward so electing him for at
least one year preceding such election.

5009. Registration of Electors. The Council must provide by
ordinance for the registration of electors in any city or town, and may
prohibit any person from voting at any election unless he has been
registered; but such ordinance must not be in conflict with the general
law providing for the registration of electors, and must not change the
qualifications of electors except as in this title provided.

5010. Qualifications of Electors. All qualified electors of the State
who have resided in the city or town for six months and in the ward
for thirty days next preceding the election are entitled to vote at any
municipal election.

ELECTION 1AWS OF MONTANA 163

5011. Election Judges and Clerks — Voting Places. The council
must appoint judges and clerks of election and places of voting, pro-
vided, however, that if a list of qualified electors, in number not less
than twice the number of judges to be appointed, be submitted to the
council by the city central committee of the two (2) major political
parties prior to the regular meeting of the city council, next preceding
a city primary nominating election or general election such judges
must be chosen from among those whose names are thus submitted,
and not more than a majority of such judges must be appointed from
any one (1) political party for each precinct and each appointee shall
be deemed to belong to the political party upon whose list his name
appears. There must be at least one (1) place of voting in each ward,
and there may be as many more as the council by ordinance shall fix,
and the elector must vote in the ward and precinct in which he resides.
The election precincts in a city or town must correspond with wards,
but a ward may be subdivided into several voting precincts, and when
so divided the elector shall vote in the precinct in which he resides, and
all elections must be conducted according to the general laws of the
State.

(As amended by Chapter 86, Laws of 1941.)

5012. Canvass — When and How Made. On the Monday following
any election, the Council must convene and publicly canvass the re-
sult, and issue certificates of election to each person elected by a plur-
ality 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 Coun-
cil must thereafter, at its first regular meeting, decide by vote between
the parties which is elected. If the Council from any cause fails to
meet on the day named, the Mayor must call a special meeting of the
Council within five days thereafter, and, in addition to the notice pro-
vided for calling special meetings, must publish the same on two suc-
cessive days in some newspaper published in such city or town. If the
Mayor fails to call said meeting within said five days, any three Coun-
cilmen may call it. At such special meeting all elections, appointments,
or other business may be transacted that could have been on the day
first herein named.

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

5014. When Duties of Office Begin. The officers elected enter
upon their duties the first Monday of May succeeding their election,
and officers appointed by the Mayor, with the advice and consent of
the Council, within ten days after receiving notice of their appointment.

5015. Vacancies — How Filled — Removal of Officer. When any va-
cancy 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 Alder-
man 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

164 ELECTION LAWS OF MONTANA

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.

CHAPTER 383

5039.61. Powers of City or Town Council to Transfer or Lease
Municipal Property. The City or Town Council has power; to sell,
dispose of, or lease any property belonging to a city or town, provided,
however, that such lease or transfer be made by ordinance or resolu-
tion 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.)

5039.63. Purpose for Which Indebtedness May Be Incurred — Limi-
tation— Additional Indebtedness for Sewer or Water System — Procuring
Water Supply and System — Jurisdiction of Public Works Appurtenances.

The City or Town Council has power: To contract an indebtedness on
behalf of a city or town, upon the credit thereof, by borrowing money
or issuing bonds for the following purposes, to wit: Erection of public
buildings, construction of sewers, bridges, waterworks, lighting plants,
supplying the city or town with water by contract, 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 contracted in any form, in-
cluding 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 securing 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 neces-
sary, to construct a sewerage system or procure a water supply for the
said city or town, which shall own or control said water supply and
devote the revenue derived therefrom to the payment of the debt. The
additional indebtedness authorized, including all indebtedness hereto-
fore 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 heretobefore 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 fur-
ther, that the above limit of three per centum shall not be extended,
unless the question shall have been submitted to a vote of the tax-
payers 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
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

ELECTION LAWS OF MONTANA 165

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 pur-
pose of providing the city or town with an adequate water supply for
municipal and domestic purposes, the City or Town Council shall pro-
cure and appropriate water rights and title to the same, and the neces-
sary real and personal property to make said rights and supply avail-
able, by purchase, appropraition, 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 reser-
voirs, 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 preser-
vation of the purity of its water supply, with power to enact all ordi-
nances and regulations necessary to carry the powers hereby conferred
into effect. For this purpose the city or town shall be authorized to
condemn private property in the manner provided by law, and shall have
authority to levy a just and equitable tax on all consumers of water for
the purpose of defraying the expenses of its procurement.

FREE PUBLIC LIBRARIES

5049. Establishment of Free Public Library — Tax Levy for Main-
tenance. 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 assesesd valuation of seven hundred
and fifty thousand 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 constitutes 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.

5050. Submission of Questions to Electors. Before any such ordi-
nance 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.

5051. Library to Be Established When Majority Vote Favors —
Election at Which Question May Be Submitted. If the majority of the
votes cast at such election is in favor of the establishment of a public
library, then such library must be established as above provided. Such
question may be submitted at the annual or at any special election
held in such city or town, and must be submitted at any such election
on the petition of one hundred or more inhabitants of such city or town.

INITIATIVE AND REFERENDUM IN CITIES AND TOWNS

5058. Initiative in Cities — Petition. Ordinances may be proposed by the
legal voters of any city or town in this State, in the manner provided in this

166 ELECTION LAWS OF MONTANA

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 legisla-
tive jurisdiction and powers of such City or Town Council, or an ordanince
amending or repealing any prior ordinance or ordinances. Such peti-
tion shall be filed with the City or Town Clerk. It shall be the duty
of the City or Town Clerk to present the same to the Council at its
first meeting next following the filing of the petition. The Council
may, within sixty 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 medofica-
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 number
of counsel who shall be heard on eitner side, and the time to be allowed
for argument. It shall only be necessary to state in the complaint that
a petition for an ordinance was filed in pursuance of this Act; that
the City Council passed an ordinance on the subject different from that
proposed in the petition; and that the plaintiff desires a construction
of the ordinance so passed to determine whether or not it differ ma-
terially from that proposed. The petition and the ordinance proposed
thereby, and the ordinance actually passed, may be set out in the com-
plaint, or copies thereof annexed to the complaint. The names to the
petition need not be set out. Such cases shall be advanced and brought
to hearing as speedily as possible, and have precedence over other cases,
except criminal and taxation cases. The Court shall have 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 suf-
ficient number of voters and was regular in form. If the Court shall de-
cide that the change was material and that the petition was regular in
form and signed by a sufficient number of legal voters, then the ordi-
nance proposed by the petition shall be submitted to the people as
provided in this Act. If the Court shall decide that the ordinance
passed by the Council was not materially different from that proposed
in the petition, or the petition was not regular in form, or not signed
by a sufficient number of legal voters, the ordinance shall not be sub-
mitted 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, regu-
lar in form, may be presented by the required number of legal voters,
asking the Council to submit such ordinance to the people, and there-
upon the same shall be so submitted as provided in this Act. If the
Council shall not, within sixty days, pass an ordinance on the subject
of the ordinance proposed in the petition, then the ordinance proposed
by the petition shall be submitted to the people. Before submitting such
ordinance to the people, the Mayor or City or Town Council may direct
that a suit be brought in the District Court in and for the county, in
the name of the city or town, to determine 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 de-
fendants not less than ten nor more than twenty of the petitioners.
In addition to the names of such defendants, in the caption of the com-
plaint, there shall be added the words, "and all petitioners whose names
appear on the petition for an ordinance filed on the day of

ELECTION LAWS OF MONTANA 167

, 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 pub-
lished 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.

5059. Submission of Question at Regular Election. Any ordinance
proposed by petition as aforesaid, which shall be entitled to be sub-
mitted to the people, shall be voted on at the next regular election to
be held in the city or town, unless the petition therefor shall ask
that the same be submitted at a special election, and such petition
be signed by note less than fifteen per cent, of the electors qualified
to vote at the last preceding municipal election.

5060. No Ordinance to Be Effective Until Thirty Days After Pas-
sage. 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 cur-
rent expenses of the city or town, excepting also emergency measures,
and in the 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 resolution shall include only such
measures as are immediately necessary for the preservation of peace,
health, and safety, and shall not include a franchise or license to a
corporation or 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.

5061. Referendum Petition. 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 resolution, or any part or parts thereof, shall be submitted to the
electors of the city or town.

5062. Referendum to Be Had at Regular Election. 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 days before such election.
If such petition or petitions be signed by not less than fifteen per cent.
of the qualified electors of the city or town, the measures shall be
submitted at a special election to be held for the purpose.

5063. Special Election May Be Ordered. The City or Town Coun-
cil 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.

168 ELECTION LAWS OF MONTANA

5064. Proclamation of Election. Whenever a measure is ready for
submission to the electors, the Clerk of the city or town shall, in writ-
ing, notify the Mayor thereof, who, forthwith, shall issue a proclama-
tion 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, otherwise in the weekly newspapers published in the
city or town. In case there is no weekly newspaper published, the proc-
lamation and the measure shall be posted conspicuously throughout the
city or town.

5065. Ballots and Method of Voting. 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 sub-
mitted at State elections. The referendum or initiative ballots shall be
counted, canvassed, and returned by the regular board of judges, clerks,
and officers, as votes for candidates for office are counted, canvassed,
and returned. The returns for the 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 proclamations herein provided for. A measure
accepted by the electors shall take effect five days after the vote is
officially announced.

5066. Qualifications of Voters. The qualifications of 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 quali-
fied to vote at municipal elections, the registration book or books shall
be prima facie evidence of the right to sign any petition herein pro-
vided for.

5067. Forms of Petitions and Conduct of Proceedings. The form of
petitions and the proceedings under this Act shall conform as nearly
as possible, with the necessary changes as to details, to the provisions
of the laws of the State relating to the ininiative and referendum, and
be regulated by such laws, except as otherwise provided in this Act.
The City Clerk shall perform the duties which, under the State laws,
devolve upon the County Clerk and Secretary of State, insofar as the
provisions relating thereto may be made to apply to the case of the
City or Town Clerk; but it shall not be necessary to mail or distribute
copies of the petitions or measures to the electors of the city or town.

5068. To What Ordinances Applicable. The provisions of this Act
regarding the referendum shall not apply to ordinances which are re-
quired by any other law of the State to be submitted to the voters or
the electors or taxpayers of any city or town.

CHAPTER 384
MUNICIPAL CONTRACTS AND FRANCHISES

5074. Franchise, How Granted. The Council must not grant a
franchise or special privilege to any person save and except in the man-
ner specified in the next section. The powers of the Council are those
only expressly prescribed by law and those necessarily incident thereto.

5075. Grant of Franchise Must Be Submitted to Taxpaying Free-
holders. No franchise for any purpose whatsoever shall be granted
by any city or town, or by the Mayor or City Council thereof, to any

ELECTION LAWS OF MONTANA 169

person or persons, association, or corporation, without first submitting
the application therefor to the resident freeholders whose names shall
appear on the city or county tax-roll preceding such election.

5076. Same — Notice of Election. A notice of such election must
be published at least in one daily newspaper, if there be one published
in the city or town, and if not, in some weekly newspaper of general
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 considera-
tion, if any there be, to be derived by the city. At such election the bal-
lots must contain the words, "For granting franchise," "Against grant-
ing franchise," and in voting, the elector must make a cross thus, "X,"
opposite the answer he intends to vote for. Such election must be con-
ducted and canvassed and the return made in the same manner as other
city or town elections.

5077. When Voted, Council Must Pass Ordinance. 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 ap-
proval of a proper ordinance.

CHAPTER 389
MUNICIPAL, COURTS

5094.3. Election of Judges — Term of Office. There shall be elected
at the general city election in the year 1936 in all cities with a popula-
tion 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 quali-
fied. 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 candidate advocates or any slogan after
his name.

CHAPTER 392

BONDING FIRE DISTRICTS IN UNINCORPORATED TOWNS

5149. Commissioner Ex-Officio Directors of Fire Districts — Issu-
ance of Bonds — Limitation on Amount: — Election — Term. Whenever the
Board of County Commissioners shall have established a fire district
in any unincorporated town or village, said Board of County Commis-
sioners shall be and is hereby constituted ex-officio a Board of Directors
of such fire district. The Board of Directors of any duty 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
percentum of the assessed value of the taxable property in such district,
and bearing a rate of interest not exceeding six per cent, for the pur-
pose of purchasing fire equipment, necessary lands, erecting buildings
for fire purposes, acquiring a water supply, purchasing or otherwise
acquiring or constructing a water system and establishing pipe lines.
No such bonds shall be issued unless a majority of all the votes cast
at any such election shall be cast in favor of such issue. Such bonds
may be either amortization or serial bonds, but shall not extend over
a longer term than ten years.

170 ELECTION LAWS OF MONTANA

5150. Bond Elections, Manner of Conducting — Form of Ballots —
Form and Issuance of Bonds. 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 qualified to vote at such election, as judges and clerks of such elec-
tion, 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 that
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 speci-
fied 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 tax-
payer whose name appears on the last assessment books shall be per-
mitted to vote, and no person whose name does so appear in such cer-
tificate shall be permitted to vote unless he shall reside within the
limits of the fire district, and every person offering to vote at such
election, and otherwise qualified to do so, must make and subscribe
an affidavite, 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 afternoon. 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 af-
fidavits herein provided for and the ballots to be prepared for such
election in a number equal to the total number of registered electors in
the precinct in which the district is located, which ballots shall be sub-
stantially 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.

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

ELECTION LAWS OF MONTANA 171

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 facsimile 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.

CHAPTER 397
INDEBTEDNESS OF CITIES OR TOWNS— BONDS

(Constitutional Provisions, Art. XIII, Sec. 6)

5195. Cities and Towns May Raise Money by Taxation in Excess
of Levy Now Permitted, How. 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 authorized to expend moneys raised by taxation in said city or
town, it shall submit the question of such additional levy to the legal
voters of such city or town who are taxpaying freeholders therein,
either at the regular annual election held in said city or town, or at a
special election called for that purpose by the Council of such city or
town; provided, however, that such additional levy shall not exceed
five mills.

5196. Notice of Election. Where the question of making such ad-
ditional levy is so submitted, notice thereof shall be given by publica-
tion 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.

5197. Submission of Question to State Object of Levy — Use of,
Funds — Balance. 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 accomp-
lished, such balance may, by vote of the Council, be transferred to any
other fund of said city or town.

5198. Separate Ballots When Levy for More Than One Purpose
Form of Ballot and Marking — Conduct of Election. 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 substantially 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 addi-
tional 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
election 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.

172 ELECTION LAWS OF MONTANA

5199. Registration of Electors. The Council may provide by
ordinance for the registration of qualified electors who are tax-paying
freeholders in such city or town, and no person shall be entitled to
register or vote at such election who is not such tax-paying freeholder
and qualified elector.

5199.1. Qualifications for Voting on Creation or Increasing In-
debtedness. 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 city, town, school district or
other municipal corporation, required by law to be submitted to a vote
of the electors thereof.

5199.2. Lists of Registered Voters — Posting. The County Clerk
shall, immediately after the closing 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 munici-
pal corporation whose names appear upon the last preceding assess-
ment roll, and shall prepare poll-books therefor 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 Section 571. When the elec-
tion is upon a proposal to create or increase the indebtedness of a
city, town, school district or other municipal corporation, the County
Clerk shall deliver such lists to the Clerk of the city, town, school dis-
trict or other municipal corporation, holding such election, and it shall
be his duty to post such lists in the manner provided in Section 567.

CHAPTER 399

MUNICIPAL, BOND AND INDEBTEDNESS

5278.1. Creation of Indebtedness — Submission to Tax-Payers. When-
ever 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 purpose 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 out-
standing on the first day of July, 1942. In order to issue bonds to fund
or refund warrants or bonds issued prior to and outstanding on the first
day of July, 1942, it shall only be necessary for the council, at a regu-
lar 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 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 15, Laws of 1943.)

5278.6. Petition for Election — Form — Proof. ..No bonds shall
be issued by a city or town for any purpose, except to fund or refund
warrants or bonds issued prior to and outstanding on July first, 1942,
as authorized in Section 5278.1, unless authorized at a duly called spe-
cial or general election at which the question of issuing such bonds was
submitted to the qualified electors of the city or town, and approved,
as hereinafter provided, and no such election shall be called unless
there has been presented to the city or town council a petition, asking

ELECTION LAWS OF MONTANA 173

that such election be held and question submitted, signed by not less
than twenty per centum (20%) of the qualified electors of the city or
town who are taxpayers upon property within such city or town and
whose names appear on the last completed assessment roll for state
and county taxes, as taxpayers within such city or town. Every peti-
tion for the calling of an election to vote upon the question of issuing
bonds shall plainly and clearly state the purpose or purposes for which
it is proposed to issue such bonds, and shall contain an estimate of the
amount necessary to be issued for such purpose or purposes. There may
be a separate petition for each purpose, or two (2) or more purposes
may be combined in one (1) petition, if each purpose with an estimate
of the amount of bonds to be issued therefor is separately stated in
such petition. Such petition may consist of one (1) sheet, or of several
sheets identical in form and fastened together, after being circulated
and signed, so as to form a single complete petition before being de-
livered to the city or town clerk, as hereinafter provided. The peti-
tion 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 petition shall be
qualified to circulate the same, and there shall be attached to the com-
pleted 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 sign-
ing 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 peti-
tioners, 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 ap-
pear upon the last completed assessment roll for state and county taxes,
as taxpayers within such city or town."

(As amended by Chapter 15, Laws of 1943.)

5278.7. Consideration of Petition — Calling Election. When such
petition has been filed with the City or Town Clerk and he has found
it has a sufficient number of signers qualified to sign the same, he
shall place the same before the City or Town Council at its first meet-
ing held after he has attached his certificate thereto. The Council shall
thereupon examine such petition and make such other investigation as
it may deem necessary.

If it is found the petition is in proper form, bears the requisite
number of signatures of qualified petitioners, and is in all other respects
sufficient, 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 question submitted
to the qualified electors of the city or town at the next general city
or town election, or at a special election which the council may call for
such purpose.

174 ELECTION LAWS OF MONTANA

5278.8. Notice of Election — Election Hours — Election Officers.

Whether such election is held at the general city or town election, or at
a special election, separate notice shall be given thereof. Such notice
shall state the date when such election will be held, the hours between
which the polls will be open, the amount of bonds proposed to be issued,
the purpose thereof, the term of years through which the bonds will be
paid, and such other information regarding the election and the proposed
bonds as the Board may deem proper. If the bonds proposed to be
issued are for two (2) or more purposes, each purpose and the amount
thereof must be 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) consecutive weeks immedi-
ately 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 news-
paper 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.

5278.9. Form of Ballots and Conduct of Election. Whenever the
question of issuing bonds is submitted at either a general city or town
election, or at a special election, separate ballots shall be provided
therefor. Such ballots shall be white in color and of convenient size,
being only large enough to contain the printing herein required to be
done and placed 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 proposi-
tion 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 arrange-
ment shall be in the following manner:

□ FOR (stating the proposition).

□ Against (stating the proposition).

If bonds are sought to be issued for two (2) or more separate pur-
poses, then separate ballots must be provided for each purpose or prop-
osition.

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 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.

5278.10. Who Are Entitled to Vote — Registration of Electors. Only
such registered electors of the city or town whose names appear upon
the last preceding assessment roll for State and county taxes, as tax-

ELECTION LAWS OF MONTANA 175

payers upon property within the city or town, shall be entitled to vote
upon any proposition of issuing bonds by the city or town. Upon the
adoption of the resolution calling for the election the City or Town
Clerk shall notify the County Clerk of the date on which the election
is to be held and the County Clerk must cause to be published in the
official newspaper of the city or town, if there be one, and if not in a
newspaper circulated generally in the said city or town and published
in the county where the said city or town is located, a notice signed by
the County Clerk stating that registration for such bond election will
close at noon on the fifteenth (15th) day prior to the date for holding
such election and at that time the registration books shall be closed
for such election. Such notice must be 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.)

5278.11. Percentage of Voters Required to Authorize the Issuing
of Bonds. Wherever the question of issuing bonds for any purpose
is submitted to the qualified electors of a city or town, at either a
been rejected; provided, however, that if forty per centum (40%) or
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.

5278.12. Canvass of Election Returns — Resolution for Bond Issue. If

the bonding election is held at the same time as a general city or town
election, then the returns shall be canvassed by the City or Town
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 forty per centum (40%) or more of the
qualified electors of the city or town entitled to vote at 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 bear, 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 pro-
vide that preference shall be given amortization bonds but shall
fix the denomination of serial bonds in case it shall be found advan-
tageous to issue bonds in that form, and shall adopt a form of notice of
the sale of the bonds.

176 ELECTION LAWS OF MONTANA

The Board may, in its discretion, provide that such bonds may be
issued and sold in two (2) or more series or installments.

CHAPTER 400
ABATEMENT OF SMOKE NUISANCE

5292. Bonds. 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 there-
after, to ascertain the existing indebtedness of the county in the aggre-
gate, 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 here-
inbefore 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.

5293. Election. The vote upon such proposition shall be had at an
election for that purpose to be held, conducted, counted, and results
ascertained and determined in the manner and by the same officers
provided bv law for general elections, except as otherwise herin 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
opposite the one or the other for which he votes; and if it appears from
the result of such election that a majority of the votes cast were "For
the contract and bonds," then said contract shall be in full force and
effect, and the said bonds shall be issued and disposed of in the manner
hereinafter provided. If it shall appear from the result of such election
that there was a tie, or a majority of said votes were cast "Against the
contract and bonds," then the said contract and bond given for its
fulfillment shall be null and void and of no effect, and said bonds and
none thereof shall be issued.

5294. Notice of Election. The Board of County Commissioners of
the countv in which such election is to be held, or the Council of the
incorporated city or town, as the case mav be, shall erive notice of such
election, statin? the objects thereof, the time and place of holding the
same, such conditions of the contract as in their judgment are proper
and necessarv to enable the electors to vote intelligently upon the prop-
osition submitted to them, the amount of bonds proposed to be issued,
when pavable, 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 countv, 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.

ELECTION LAWS OF MONTANA 177

5299. Provisions Concerning Election. No registration under the
election laws of this State shall be required for the purposes of the
election herein provided for, and the registration had at the last elec-
tion 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.

CHAPTER 407
COMMISSION FORM OF GOVERNMENT FOR CITIES

5366. Any City May Reorganize Under Commission Form. Any

city may abandon its organization and reorganize under the provisions
of this Act, by proceeding as hereinafter provided.

5367. Submission to Electors — Petition and Order of Election. Upon
a petition being filed with the City Council, signed by not less than
twenty-five per cent, of the qualified electors of such city registered for
the last preceding general city election, praying that the question of
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.

5368. Proclamation of Election. 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 proclama-
tion 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.

5369. Ballots — Form. 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.

5370. Certificate of Result of Election — No Further Election for
Two Years. 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.

178 ELECTION LAWS OF MONTANA

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.

5371. Calling of Election to Elect City Officers. If a majority of
the votes cast at such election shall be in favor of such proposition,
the City Council must, at its first regular meeting held thereafter, order
a special election to be held for the purpose of electing a Mayor and
the number of Councilmen to which such city shall be entitled, which
order shall specify the time of holding such election, which must be
within ninety days after the making of said order, and the Mayor shall
thereupon issue a 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.

5372. Manner of Conducting Election — Canvassing Votes. 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.

5373. Laws Governing City — Ordinances — Territorial Limits and
Property. All laws governing cities of the first, second, and third
classes, and not inconsistent with the provisions of this Act, shall apply
to and govern cities organized under this Act. All by-laws, ordinances,
and resolutions lawfully passed and in form in any such city under its
former organization shall remain in force until altered or repealed
by the council elected under the provisions of this Act. The territorial
limits of such city shall remain the same as under the former organiza-
tion, 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.

5374. Number of Councilmen — Vacancies and How Filled. In every
city of the third class, there shall be a Mayor and two Councilmen; in
every city of the second class, a Mayor and two Councilmen; in every city
of the first class having a population of less than twenty-five thousand,
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 Coun-
cilmen, and the Mayor and all Councilmen shall be elected at large.

If any vacancy shall occur in the office of Mayor or Councilman,
the remaining members of the Council shall, by a majority vote, elect
a person to fill such vacancy until the next general city election, and
if, in filling such vacancy, a tie vote should occur, then the person to,
fill said vacancy shall be determined by lot in such manner as said
Council may provide.

5375. Beginning of Term of Office. The Mayor and Councilmen
elected at such special election shall qualify, and their terms of office
shall begin on the first Monday after their election, and the terms of
office of the Mayor and Councilmen or Aldermen in such city in office
at the beginning of the term of office of the Councilmen first elected
under the provisions of this Act shall then cease and determine, and
the terms of office of all their appointed officers in force in such city,
except as hereinafter provided, shall cease and determine as soon as
the Council shall by resolution declare.

ELECTION LAWS OF MONTANA 179

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

The Councilmen elected at the first general city election shall 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.

5377. Nomination of Candidates — Primary Election. 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 elec-
tion. 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 candidate
for nomination to the office of (Mayor or Councilman) to be voted

upon at the primary election to be held on the

Monday of , 19 , and I hereby request that my name

be printed upon the official primary ballot for 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 residence,

180 ELECTION LAWS OF MONTANA

with street number, of each of the persons so signing the said petition,
and the said petition shall be in substantially in the following form:

Petition Accompanying Nominating Statement.

The undersigned, duly qualified electors of the City of ,

and residing at the places set opposite our respective names hereto,
do hereby request that the name of (name of candidate) be placed in
the ballot as a candidate for nomination for (name of office) at the

primary election to be held in such city on the

Monday of , 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 qualified 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
candidate shall be petitioned for or nominated in the same nomination
paper.

Immediately upon the expiration of the time of 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
these names, likewise arranged in alphabetical order, shall appear the
names of the candidates for Councilmen, with a square at the left of
each name, and below the names of such candidates shall appear the
words, "Vote for (giving the number of persons to be voted for)." The
ballots shall be printed upon plain substantial, white paper, and shall
be headed:

Candidates for Nomination for Mayor and Councilmen
of the City of at the

Primary Election;

but shall have no party designation or mark whatever. 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.)

ELECTION LAWS OF MONTANA 181

For Councilman.
(Name of Candidate.)

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

Official Ballot Attest:
(Signature)

City Clerk.

Having caused said ballots to be printed, the said City Clerk shall
cause to be delivered at each polling place a number of said ballots equal
to twice the number of such voters registered in such polling place at
the last general municipal election. The persons who are qualified to
vote at the general election shall be qualified to vote at such primary
election and any person offering to vote may be orally challanged 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 shall apply to all challenges made
at such election. Judges of election shall immediately upon the closing
of the polls count the ballots and ascertain the number of votes cast in
such precinct for each of the candidates for Mayor and Councilmen,
and make return thereof to the City Clerk upon the proper blanks to
be furnished by the City Clerk within six hours of the closing of the
polls. On the day following the primary election the City Clerk shall
canvass said returns so received from all the polling precincts, and
shall make and publish in all the newspapers in said city, at least once,
the result thereof. Said canvass by the City Clerk shall be publicly
made. If a Mayor is to be elected at such municipal election, the two
persons receiving the highest number of votes shall be the candidates
for Mayor. If one Councilman is to be elected at such municipal elec-
tion, 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-
est 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 primary
elections so far as applicable, and in all elections in such cities the
election precincts, voting places, method of conducting the elections,
canvassing of votes, and announcing the results shall be the same as
by law provided for the 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 performance of the
duties of his office, which bond shall be approved by the Judge of the
District Court of the county in which such city is situated, and filed
with the Clerk and Recorder of the county in which such city is situated.

182 ELECTION LAWS OF MONTANA

5377.1. Receipt of Majority of All Votes Cast at Primary Election
Elects Candidate and Dispenses with General Election, When. When-
ever, in any city operating under a commission form of government,
at a primary election held in accordance with Section 5377, a Council-
man or Councilmen or a Mayor and Councilman or Councilmen are to
be elected, one person or candidate for any office to be filled shall
receive a majority of all votes cast for such office, then such person
or persons shall be deemed duly elected to the respective office or
offices for which he or they receive such majority vote. If at such
primary election more than two (2) persons are candidates for the
same office and no one person receives a majority of all votes cast
for such office then the names of the two persons receiving the highest
number of votes shall be placed upon the general municipal election
ballot under the provisions of Section 5377. If, in any year, all officers
to be elected are thus elected by a majority vote at such primary
election, then, in that event, no general municipal election shall be
held in said city for said year.

5378. Penalty for Working for Candidate. Any person who shall
agree to perform any services in the interest of any candidate for any
office provided in this Act, in consideration of any money or other
valuable thing for such services performed in the interest of any candi-
date, shall be punished by a fine not exceeding Three Hundred Dollars
or be imprisoned in the county jail not exceeding thirty days.

5378.1. Fees for Filing for Office. Every candidate for Mayor and
every candidate for Councilman in cities operating under the commis-
sion form of government shall, at the time of filing his nominating peti-
tion pay the following fees to the City Clerk as filing fee: A candidate
for Mayor shall pay twenty dollars ($20.00), and a candidate for Coun-
cilman shall pay fifteen dollars ($15.00).

5379. Bribery — False Aanswers Concerning Qualifications of Elec-
tor— Voting by Disqualified Person. Any person offering to give a
bribe, either in money or other consideration, to any elector, for the
purpose of influencing his vote at any election provided in this Act, or
any elector entitled to vote at any such election receiving and accepting
such bribe or other consideration; any person who agrees, by promise
or written statement, that he will do, or will not do, any particular act
or acts, for the purpose of influencing the vote of any elector or elec-
tors at any election provided in this Act; any person making false
answer to any of the provisions of this Act relative to his qualifications
to vote at such election; any person wilfully voting or offering to vote
at such election who has not been a resident of this State for one year
next preceding said election, or who is not twenty-one years of age,
or is not a citizen of the United States, or knowing himself not to be
a qualified elector of such precinct where he offers to 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
Dollars; and be imprisoned in the county jail not less than ten nor more
than ninety days.

(5380-5387, inclusive, bearing on Powers and Duties of Council,
omitted.)

5388. Ordinances and Franchises — How Adopted or Granted. Every
ordinance or resolution appropriating money, or ordering any street
improvement or sewer, or making or authorizing the making of any
contract, or granting any franchise or right to occupy or use the
streets, highways, bridges, or public places in the city for any purpose,
shall be complete in the form in which it is finally passed, and remain
on file with the City Clerk for public inspection at least one week
before the final passage or adoption thereof. No franchise or right
to occupy or use the streets, highways, bridges, or public places in any

ELECTION LAWS OF MONTANA 183

such city shall be granted, renewed, or extended, except by ordinance,
and every franchise or grant for interurban or street railways, gas, or
water-works, electric light, or power plant, heating plant, telegraph or
telephone systems, or other public service utilities, or renewal or ex-
tension 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.

(Sections 5389-5393, inclusive, relating to Powers and Duties of
Council, omitted.)

5394. Recall of Elective Officers. The holders of any elective of-
fice may be removed at any time by the electors qualified to vote for
a successor of such incumbent. The procedure to effect the removal
of an incumbent of an elective office shall be as follows: A petition
signed by twenty-five per cent, of all qualified electors registered for
the last 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 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 qualified electors, and, if necessary, the Council
shall allow him extra help for that purpose; and he shall attach to said
petition his certificate, showing the result of said examination. If, by
the clerk's 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 insufficient, it shall be returned to the person filing the same;
without prejudice, however, to the filing of a new petition to the same
effect. If the petition shall be deemed to be sufficient, the Clerk shall
submit the same to the Council without delay. If the petition shall
be found to be sufficient, the Council shall order and fix a date :~or
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 suf-
ficient 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:

184 ELECTION LAWS OF MONTANA

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.

The successor of any officer so removed shall hold office during
the unexpired term of his predecessor. Any person sought to be re-
moved 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 receives the highest number
of votes, he shall continue in office. The said method of removal shall
be cumulative, and additional to the methods heretofore provided by
law.

5395. Ordinance—How Submitted — Petition and Election. Any

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

ELECTION LAWS OF MONTANA 185

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

The Council may submit a proposition for the repeal of any such
ordinance, or for amendments thereto, to be voted upon at any 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-
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.

5396. Taking Effect and Suspension of Ordinances. No ordinance
passed by the Council, except when otherwise required by the general
laws of this State or the provisions of this Act, except an ordinance
for the immediate preservation of the public peace, health, or safety,
which contains a statement of its urgency, and is passed by a two-
thirds vote of the Council, shall go into effect before ten days from
the time of its final passage; and if, during said ten days, a petition
signed by electors of the city equal in number to at least twenty-five
per centum of the entire number of persons registered to vote at the
last preceding general municipal election, protesting against the passage
of such ordinance, be presented to the Council, the same shall there-
upon 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 pro-
vided by Subdivision (b) of the preceding section, to the vote of the
electors of the city, either at a general election or at a special munici-
pal 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 preced-
ing section, except as to the percentage of signers, and be examined
and certified to by the Clerk in all respects as herein provided.

5397. Abandonment of Commission Form. Any city which shall
have operated for more than one year under the provisions of this Act
may abandon such organization hereunder and accept the provisions
of the general law of the State then applicable to cities of its population.

Upon the petition of not less than twenty-five per cent, of the
elector of such city registered for the last preceding general elction,
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 eharter 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.

186 ELECTION LAWS OF MONTANA

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 provision of this section,
the same question shall not be submitted again for a period of two
years, and any ordinance adopted by a vote of the people shall not be
repealed or the same question submitted for a period of two years.

5398. Requirements of Petitions. Petition provided for in this
Act shall be signed by none but legal voters of the city. Each petition
shall contain, in addition to the names of the petitioners, the street
and house number in which the petitioner resides, his age, and length of
residence in the city. It shall also be accompanied by the affidavit of one
or more legal voters of the city, stating that the signers thereof were,
at the time of signing, legal voters of said city, and the number of
signers at the time the affidavit was made.

5399. Effect of Act Upon Existing Laws. All Acts and parts of
Acts, and all laws, not inconsistent with any of the provisions of this
Act, now in force or hereafter enacted relative to municipal corpora-
tions, are hereby continued in full force and effect ,and shall be con-
sidered 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.

CHAPTER 408

COMMISSION-MANAGER PLAN OF GOVERNMENT
FOR CITIES AND TOWNS

5400. Any City May Reorganize Under Commission-Manager Form.

Any municipality may abandon its organization and reorganize under
the provisions of this Act, by proceeding as hereinafter provided.

5401. Submission of Question to Electors — Petition and Order of
Election. Upon a petition being filed with the City or Town Council,
signed by not less than twenty-five per cent, of the qualified electors
of such municipality registered for the last preceding general municipal
election, praying that the question of reorganization under this Act be
submitted to the qualified electors of such municipality, said City or
Town Council shall thereupon, and within thirty days thereafter, order
a special election to be held, at which election the question of reor-
ganization of such municipality under the provisions of this Act shall
be submitted to the qualified electors of such municipality.

Such order of the City or Town Council shall specify therein the
time when such election shall be held, which must be within ninety
days from the date of filing of such petition.

5402. Proclamation of Election. Upon the City or Town Council
ordering such special election to be held, the Mayor of such municipal-
ity shall issue a proclamation setting forth the purpose for which such
special election is held, and the date of holding such special election,
which proclamation shall be published for ten consecutive days in each
daily newspaper published in said municipality, if there be such, other-
wise 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.

5403. Ballots — Form. At such election, the ballots to be used
shall be printed on plain white paper, and shall be headed "Special
election for the purpose of submitting to the qualified electors of (city,
town) of (name of city or town) under Chapter (name of chapter

ELECTION LAWS OF MONTANA 187

containing this Act) of the Acts of the Fifteenth Legislative As-
sembly," and shall be substantially in the following form:

For reorganization of the (city, town) of (name of city or town)
under Chapter (name of chapter containing this Act) of the Acts of
the Fifteenth Legislative Assembly.

Against reorganization of the (city, town) of( name of city or
town) under Chapter (name of Chapter containing this Act) of the
Acts of the Fifteenth Legislative Assembly.

Such election shall be conducted, and vote canvassed and result
declared in the same manner as provided by law in respect to other
municipal elections.

5404. Certificate of Result of Election — Election Not to Be Held
Within Two Years After Failure to Adopt. If such proposition is
adopted, the Mayor shall transmit to the Governor, to the Secretary
of State and to the County Clerk and Recorder, each a certificate
stating that such 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.

5405. Special Election for Electing Comniissioners. 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 there-
after and at such meeting order a special election to be held for the
purpose of electing the number of Commissioners to which such mu-
nicipality shall be entitled, which order shall specify the time of hold-
ing such election, which must be within ninety days after the making
of such order, and the Mayor shall thereupon issue a proclamation
setting forth the purpose for which such special election is held and the
day of holding the same, which proclamation shall be published for
ten successive days in each daily newspaper published in such munici-
pality if there be such, otherwise for two successive weeks in each
weekly newspaper published therein, and a copy thereof shall also be
posted at each voting place within said municipality and also in five
of the most public places in said municipality.

5406. Manner of Conducting Election — Canvassing Votes. Such
election shall be conducted, the vote canvassed, and the result declarea
in the same manner as provided by law in respect to other municipal
elections.

5407. Laws Governing City — Ordinances — Territorial Limits and
Property. All laws governing municipalities of like population, and
not inconsistent with the provisions of this Act, shall apply to and
govern municipalities organized under this Act. All by-laws, ordinances,
and 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.

5408. Organization of Communities or Groups of Communities
as Municipality — Election Proclamation — Election of Commissioners

Whenever the inhabitants of any community or group of communities
in any county, whether separately incorporated in whole or in part,

188 ELECTION LAWS OF MONTANA

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 annexed
to an incorporated city or town under the provisions of this Act, the
Board of County Commissioners of such county may, or upon the
presentation of a petition signed by not less than twenty-five per cent,
of the qualified electors in such community or group of communities
must, issue a proclamation ordering a special election to be held, at
which election the question of the organization of such community or
group of communities as a municipality under the provisions of this
Act shall be submitted to the qualified electors within the proposed
municipal district. Said proclamation shall specify the time when and
the places where such election shall be held, which must be within
ninety days from the date of filing such petition, and shall define the
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.

5409. Powers of Municipalities Under Commission — Manager Plan.

The inhabitants of any municipality, coming under the provisions of
this Act, as its limits now are, or may hereafter be, shall be a body
politic and corporate and have a corporate name, and as such shall have
perpetual succession, and may use a corporate seal. Through its duly
elected officers, it may sue and be sued; may acquire property in fee
simple or lesser interest, or estate by purchase, gift, devise, appropria-
tion, 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 con-
veyance, deed, or will, in relation to any gift or bequest, or the provi-
sions 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 ail
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 occu-

ELECTION LAWS OF MONTANA 189

pancy 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
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.

5410. Form of Government to Be Known as "Commission-Manager
Plan" — Composition of Commission — Powers. The form of government
provided for in this chapter shall be known as the "commission-man-
ager plan", and shall consist of a commission of citizens, who shall
be elected at large in the manner hereinafter provided. The commis-
sion shall consist of three (3) commissioners for all municipalities
having a population of less than fifteen thousand (15,000) and five
(5) commissioners for all cities having a population of fifteen thousand
(15,000) or more. The commission shall constitute the governing body,
with powers as hereinafter provided, to pass ordinances, adopt regula-
tions and appoint a chief administrative officer to be known as the
"city manager", and exercise all powers as hereinafter provided.

(As amended by Chapter 60, Laws of 1943.)

5411. Qualification of Commissioners — Tenure of Office — Expira-
tion of Terms. 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.

5412. Filling of Vacancies in Commission. Vacancies in the Com-
mission shall be filled by the Commission for the remainder of the un-
expired term, but any vacancy resulting from a recall shall be filled in
the manner provided in such case.

5413. Qualifications of Commissioners — Holding Other Public Of-
fice Forbidden — Interest in Contracts Not Allowed — Accepting Gratu-
ities Forbidden. 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

190 ELECTION LAWS OF MONTANA

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 provi-
sions of this section shall be a misdemeanor and shall also be sufficient
cause for the summary removal or discharge of the offender. Such
provisions for free service shall not apply to policemen or firemen in
uniform or wearing their official badges, where the same is provided
by ordinance, nor to any Commissioner, nor to the City Manager, nor
to the City Attorney, upon oficial business, nor to any other employee
or official of said city on official business who exhibits written author-
ity signed by the City Manager.

5414. Nomination of Candidates — Primary Election. 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 nominations shall be held on the last Tues-
day of August of the odd-numbered years.

Any qualified elector of the municipality, who is the owner of real
estate situated therein to the value of not less than one thousand dollars,
desiring to become a candidate for Commissioner, shall, at least ten
days prior to said primary election, file with the Clerk of the Commis-
sion 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 (of 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:

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.

ELECTION LAWS OF MONTANA 191

Names of Qualifying Electors. Number. Street.

(Space for Signature.)

State of Montana, County of ss.

, being duly sworn, deposes and says,

that he knows the qualifications and residence of each of the persons
signing the appended petition, and that such signatures are genuine,
and the signatures of the persons whose names they purport to be.

(Signed)

Subscribed and sworn to before me this day of

, 19

Notary Public.

This petition, if found insufficient, shall be returned to

at No Street, , Montana.

Immediately upon the expiration of the time of filing the 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.

5415. Ballots — Form, Contents and Distribution — Qualification of
Electors — Conduct of Election. 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 election ballots provided under authority of this Act for the
nomination or election of Commissioners shall not bear the name of
any person or persons or any issue other than those of candidates for
the nomination or election to the office of Commissioner.

Official Primary Ballot.

Vote for (insert here a number equal to the number of persons to
be elected to the office of Commissioner at the next regular municipal
election.)

If you wrongly mark, tear or deface this ballot, return it and
obtain another.

Candidates for nomination to the office of Commissioner at the
primary election.

X

John Doe
Henry Smith
George Jones

192 ELECTION LAWS OF MONTANA

X

s

James Richards

Richard Doe

Official Ballot Attest:
(Signature).

Clerk of the Commission.

Having caused said ballots to be printed, the Clerk of the Commis-
sion shall cause to be delivered at each polling place a number of said
ballots, ten per cent, in excess of the number of such voters registered
in such polling place at the last general municipal election. The persons
who are qualified to vote at the general election, shall be qualified to
vote at such primary election, and any person offering to vote, may
be orally 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 number
of such votes cast in such precinct for each of the candidates, and make
return thereof to the Clerk of the Commission upon proper blanks
to be furnished by the Clerk of the Commission within twelve hours of
the closing of the polls. 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 municipal-
ities under this Act, who, by ordinances governing cities and towns
incorporated under the general municipal incorporation law, or by char-
ter, 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 same general form as for such
primary election so far as applicable, and in all elections in such munici-
palities, the election precincts, voting places, method of conducting
the elections, canvassing of votes and announcing the results, shall
be the same as by law provided for the election of officers in such cities
or towns so far as the same are applicable and not inconsistent with
the provisions of this Act.

5416. Arrangement of Names of Candidates on Ballot. The names
of candidates on all ballots used in any election held under the author-
ity of this Act shall be printed in rotation, 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 quotient
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

ELECTION LAWS OF MONTANA 193

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.

5417. Date of Holding Regular Elections — Special Elections. A

regular election for the choice of Commissioners, provided for in this
Act, shall be held on the first Tuesdav after the first Monday in No-
vember of any odd-numbered year, and on the first Tuesday after the
first Monday in November in each second year thereafter. Elections so
held shall be known as regular municipal elections. All other elections
held under the provisions of this Act, excepting those for the nomination
of candidates for the office of Commissioner, shall be known as special
municipal elections.

5418. Filing of Election Expenses of Candidates — Penalty for Viola-
tion. 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.

5419. Recall of Commissioners — Petition for Recall. Any or all

of the Commissioners provided for in this Act may be removed from
office by the electors. The procedure to effect such removal, shall be
as follows:

A petition demanding that the question of removing such officers
be submitted to the electors shall be filed with the Clerk of the 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 registered voters in the municipality.

The signature to such petition need not be appended to any one
paper.

5420. Issuance of Petition Papers. Petition papers shall be pro-
cured only from the Clerk of the Commission, who shall keep a sufficient
number of such blank petitions on file for distribution as herein pro-
vided. Prior to the issuance of such petition papers, an affidavit shall
be made by one or more qualified electors and filed with the Clerk of
the Commission, stating the name and the office of the officer or of-
ficers sought to be removed. The Clerk of the Commission, upon issu-
ing 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.

5421. Signatures and Affidavit to Petition Papers. Each signer
of a recall petition shall sign his name in ink or indelible pencil, and
shall place thereon, after his name, his place of residence by street
and number. To each such petition paper there shall be attached an
affidavit of the circulator thereof, stating the number of signers to such
part of the petition, and that each signature appended to the paper was
made in his presence and is the genuine signature of the person whose
name it purports to be.

5422. Assembling and Filing of Petition Papers. All papers com-
prising a recall petition shall be assembled and filed with the Clerk

194 ELECTION LAWS OF MONTANA

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.

5423. Notification of Officer — Recall Election. The Clerk of the
Commission shall at once submit the recall petition to the Commission,
and shall notify the officer sought to be recalled of such action. If the
official whose removal is sought does not resign within five days after
such notice, the Commission shall thereupon order and fix a day for
holding a recall election. Any such election shall be held not less than
seventy nor more than eighty days after the petition has been presented
to the 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 Commission shall call a special recall election to be
held within the time aforesaid.

5424. Ballots at Recall Election — Requirements — Nomination of
Candidates to Fill Vacancies. The ballots at such recall election shall
conform to the following requirements:

With respect to each person whose removal is sought, the question
shall be submitted, "Shall (name of person) be removed from the
office of (name of office) by recall?"

Immediately following each such question, there shall be printed
on the ballots the two propositions, in the order set forth:

"For the recall (name of person).
Against the recall (name of person)."

Immediately to the left of the proposition shall be placed a square
in which the electors, by making a cross mark (X), may vote for either
of such propositions. Under said questions shall be placed the names of
candidates to fill the vacancy or vacancies. The name of the officer
or officers whose removal is sought shall not appear on the ballot as a
candidate, or candidates to succeed himself or themselves.

Before any such recall election for the removal of Commissioners
shall be had, there shall be nominated candidates to fill the vacancy or
vacancies, the nominations therefor to be made by petition, which peti-
tion for each candidate shall be signed by at least twenty-five regis-
tered 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.

5425. Effect of Majority Vote for or Against Recall. Should a ma-
jority of the votes cast at a recall election be against the recall of the
officer named on the ballot, such officer shall continue in the office
for the remainder of his unexpired term, subject to recall as before.
If a majority of the votes cast at a recall election shall be for the recall
of the officer named on the ballot, he shall, regardless of any techni-
cal defects in the recall petition, be deemed removed from office.

5426. Limitation Upon Time of Filing Recall Petition. 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.

5427. Working for Candidate Forbidden. Any person who shall
agree to perform any services in the interest of any candidate for any
office provided in this Act, in consideration of any money or other
valuable thing for such services performed in the interest of any candi-
date, 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.

ELECTION LAWS OF MONTANA 195

5428. Bribery — False Answers Concerning Qualifications of Elector
— Voting by Disqualified Person. Any person offering to give a bribe,
either in money or other consideration, to any elector for the purpose
of influencing his vote at any election provided in this Act, or any elector
entitled to vote at any such election receiving and accepting such
bribe or other consideration; any person who agrees, by promise or
written statement, that he will do, or will not do, any particular act
or acts, for the purpose of influencing the vote of any elector or electors
at any election provided in this Act; any person making false answer
to any of the provisions of this Act relative to his qualifications to
vote at such election; any person wilfully voting or offering to vote
at such election, who has not been a resident of this state for one year
next preceding said election, or who is not twenty-one years of age,
or is not a citizen of the United States, or knowing himself not to be
a qualified elector of such precinct where he offers to vote; any person
knowingly procuring, aiding, or abetting any violation hereof, shall
be deemed guilty of a misdemeanor, and, upon conviction, shall be fined
a sum of not less than One Hundred Dollars nor more than Five
Hundred Dollars, or be imprisoned in the county jail not less than ten
nor more than ninety days, or both such fine and imprisonment.

5429. Proposed Ordinances — How Submitted — Requirements of
Petition to Submit. 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 circu-
lated with respect to any proposed ordinance shall be uniform in char-
acter 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 con-
stitute a committee of the petitioners for the purposes hereinafter
named.

5430. Signatures and Affidavit to Petitions. Each signer of a
petition shall sign his name in ink or indelible pencil, and shall place
on the petition papers, after his name, his place of residence by street
and number. The signatures of any such petition papers need not all
be appended to one paper, but to each such paper there shall be attached
an affidavit by the circulator thereof, stating the number of signers
to such part of the petition, and that each signature appended to the
paper is the genuine signature of the person whose name it purports
to be, and was made in the presence of the affiant.

5431. Assembling and Filing of Petition Papers — Hearing Upon
Proposed Ordinances — Submission to Electors. All papers comprising
a petition shall be assembled and filed with the Clerk of the Commis-
sion 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.

5432. Submission of Petition and Proposed Ordinance to Clerk.

When an ordinance proposed by petition is to be submitted to a vote of
the electors, the committee of the petitioners shall certify that fact
and the proposed ordinance to the Clerk of the Commission within

196 ELECTION LAWS OF MONTANA

twenty days after the final action on such proposed ordinance by the
Commission.

5433. When Proposed Ordinance Is to Be Submitted to Electors.

Upon receipt of the certificate and certified copy of the proposed ordi-
nance, the clerk shall certify the fact to the Commission at its next
regular meeting. If an election is to be held not more than six months
nor less than thirty days after the receipt of the clerk's certificate
by the Commission, such 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 pro-
posed ordinance to the electors at a special election.

5434. Contents of Ballot — When Proposed Ordinance Becomes Ef-
fective. The ballots used when voting upon any such proposed ordi-
nance shall state the title of the ordinance to be voted on, and below
it the two propositions, "For the ordinance." and "Against the ordi-
nance." 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 there-
upon become an ordinance of the municipality.

5435. Repealing Ordinances — Publication, Amendment, and Repeal
of Initiated Ordinances. Proposed ordinances for repealing any exist-
ing ordinance or ordinances, in whole or in part, may be submitted to
the Commission as provided in the preceding section for initiating ordi-
nances. Initiated ordinances adopted by the electors shall be published
and may be amended or repealed by the Commission as in the case of
other ordinances.

5436. When Ordinances of Commission Take Effect — Petition for
Repeal Suspends Effect Unless Law Is Complied With. No ordinance
passed by the Commission, unless it be an emergency measure, shall
go into effect until thirty days after its final passage by the Commis-
sion. If at any time within the said thirty days, a petition signed by
twenty-five per cent, of the total number of registered voters in the
municipality be filed with the Clerk of the Commission, requesting that
any such ordinance be repealed or submitted to a vote of the electors,
it shall not become operative until the steps taken herein shall have
been taken.

5437. Reconsideration of Ordinance — Submission to Electors —
Failure to Approve Operates as Repeal. The Clerk of the Commission
shall deliver the petition to the Commission, which shall proceed to
reconsider the ordinance. If, upon such reconsideration, the ordinance
be not entirely repealed, the Commission shall provide for submitting
to a vote of the electors, and in so doing, the Commission shall be
governed by the provisions herein contained, respecting the time of
submission and manner of voting on ordinances proposed to the Com-
mission 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.

5438. Contents and Requirements of Referendum Petitions — Ballots.

Referendum petitions need not contain the text of the ordinance, the
repeal of which is sought, but shall be subject in all other respects to
the requirements for petitions submitting proposed ordinances to the
Commission. Ballots used in referendum elections shall conform in all
respects to those provided for in Section 5434 of this Code.

5439. Other Ordinances Subject to Referendum. Ordinances sub-
mitted to the Commission by initiative petition and passed by the
Commission without change, or passed in an amended form and not
required to be submitted to a vote of the electors by the committee of

ELECTION LAWS OF MONTANA 197

the petitioners, shall be subject to a referendum in the same manner
as other ordinances.

5440. Highest Affirmative Vote Prevails When Referendum Ordi-
nances Conflict. 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.

5441. Emergency Ordinances Subject to Referendum — Rules Ap-
plicable. 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 ap-
proved by a majority of those voting thereon, it shall be considered
repealed as regards any further action thereunder; but such measure
so repealed shall be deemed sufficient authority for payment, in ac-
cordance with the ordinance, of any expense incurred previous to the
referendum vote thereon.

5442. Ordinances Providing for Expenditures, Bond Issues, Public
Improvements Submitted to Electors — Preliminary Steps Prior to Elec-
tion— Qualifications of Electors. In case a petition be filed requiring
that a measure passed by the Commission providing for an expendi-
ture of money, a bond issue, or a public improvement be submitted to
a vote of the electors, all steps preliminary to such expenditure, actual
issuance of the bonds, or actual execution of the contract for such im-
provement, 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.

5443. Oath and Bond of Commissioners. Every person who has
been declared elected Commissioner, shall within ten (10) days there-
after 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 situ-
ated, not, however, exceeding $5,000.00 for Commissioners in cities of
the first class and $3,000.00 for Commissioners in all other cities and
towns, 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.

5444. Designation of Mayor — Procedure in Case of Tie Vote —
Vacancy in Office of Mayor — Powers and Duties of Mayor. The Mayor
shall be that member of the Commission, who, at the regular municipal
election at which the Commissioners were elected, received the highest
number of votes. In case two candidates receive the same number of
votes, one of them shall be chosen Mayor by the remaining members
of the Commission. In event of a vacancy in the office of the Mayor,
by the expiration of his term of office, the holdover Commissioner
having received the highest number of votes shall be the Mayor. In the
event there is a vacancy in the office of the Mayor for any other cause,
the remaining members of the Commission shall choose his successor
for the unexpired term from their own number by lot. The Mayor shall
be the presiding officer, except that in his absence, a president pro
tempore may be chosen. The Mayor shall exercise such powers con-
ferred, and perform all duties imposed upon him by this Act, the ordi-
nances of the municipality and the laws of the State, except that he
shall have no power to veto any measure. He shall be recognized as the

198 ELECTION LAWS OF MONTANA

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.

5445. Selection of Successor to Mayor in Event of His Recall —
Mayor When All Commissioners Are Recalled. 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.

5446. Quorum of Commissioners — Recording Votes and Proceed-
ings. In municipalities having three Commissioners, two Commission-
ers shall constitute a quorum; and the affirmative vote of two Com-
missioners shall be necessary to adopt or reject any motion, resolution,
or ordinance, or pass any measure unless a greater number is provided
for in this Act. In municipalities having five Commissioners, three
Commissioners shall constitute a quorum, and the affirmative vote of
three Commissioners shall be necessary to adopt or reject any motion,
resolution, or ordinance, or pass any measure unless a greater number
is provided for in this Act. Upon every vote, the ayes and the nays
shall be called and recorded, and every motion, resolution, or ordinance
shall be reduced to writing and read before the vote is taken thereon.

5447. Compensation of Commissioners and Mayor. The salary of
each Commissioner shall be as follows: for each meeting attended,
cities or towns with less than twenty-five 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.

5448. Meetings of Commission — Unauthorized Absence Creates
Vacancy — Meetings and Minutes to Be Public — Rules and Order of
Business. At ten o'clock A. M. on the first Monday after the first day
of January, following a regular municipal election, the Commission
shall meet at the usual place for holding the meetings of the legislative
body of the municipality, at which time the newly elected commission-
ers shall assume the duties of their office. Thereafter, the Commissioners
shall meet at such times as may be prescribed by ordinance or resolu-
tion, except that in municipalities having less than five thousand in-
habitants, 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 ope-
rate to vacate the seat of a member, unless such absence be authorized
by the Commission.

The Commissioner acting as Mayor, any two members of the 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-
lished and any citizen shall have access to the minutes and records there-
of at all reasonable times. The Commission shall determine its own rules
and order of business and shall keep a journal of its proceedings.

(Sections 5449-5513, inclusive, do not bear on elections and are
omitted).

5514. Abandonment of Commission-Manager Plan — Proceedings.

Any municipality which shall have operated for more than two years
under the provisions of this Act, may abandon such organization
hereunder, and accept the provisions of the general law of the State
applicable to municipalities of its population.

ELECTION LAWS OF MONTANA 199

Upon the petition of not less than twenty-five per cent, of the elec-
tors of such municipality registered for the last preceding general elec-
tion, a special election shall be called, at which the following proposi-
tion only shall be submitted:

"Shall the (city or town) of (name of city or town) abandon its
organization under (name of this Act) and become a (city or town)
under the general law governing (cities or towns) of like population;
or if formerly organized under special charter, shall resume said spe-
cial 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 munici-
pality 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.

(Sections 5515-5520 do not bear on elections and are omitted.)

CHAPTER 409
CITY AND COUNTY CONSOLIDATED GOVERNMENT

5520.1. Consolidated County and City Government Authorized. 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 municipal corporation and govern-
ment under this Act by proceeding as hereinafter provided.

5520.2. Petition — Signatures Required. The question of the aban-
donment and termination of the separate corporate existence and gov-
ernment of a county and of each and every city and town therein and
the consolidation and merging of the existence and government of such
county and each and all of the cities and towns therein into one munici-
pal corporation and government, under the provisions of this Act, shall
be submitted to the qualified electors of such county if a petition be
filed in the office of the County Clerk of such county, signed by at least
twenty per centum (20%) of the electors of said county whose names
appear on the official register of voters of the county on the date of
the filing of such petition, requesting that such question be submitted
to the qualified electors of the county.

5520.3. Form of Petition — Certificate of County Clerk — Special
Election — Notice. Such petition shall be substantially in the form and
shall be signed, verified and filed in the manner prescribed in this Act
for 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 quali-
fied electors he shall so certify to the Board of County Commissioners of
such county at their next regular meeting, and such Board shall there-

200 ELECTION LAWS OF MONTANA

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.

5520.4. Form of Ballot. At such election the ballots to be used
shall be printed on plain white paper, shall conform as nearly as 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 as '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.

5520.5. Special Election of Commission — Proclamation — Nomina-
tions— Conduct of Election. If the majority of the votes cast at such
election shall be in favor of such consolidation and merging, the Board
of County Commissioners of such county must, within two weeks after
such election returns have been canvassed, order a special election to
be held for the purpose of electing the number of members of the Com-
mission to which such consolidated municipality shall be entitled, which
order shall specify the time when such election shall be held, which
shall be not less than ninety nor more than one hundred and twenty
days from and after the day when such order is made, and the Board of
County Commissioners, 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; pro-
vided, 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 spe-
cial election, but such candidates shall be nominajted directly by peti-
tion which shall be in substantially the same form and be signed by
the same number of signers as hereinafter required for primary nomi-
nating petitions. 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.

5520.17. Effective Date of Ordinances — Emergencies — Submission
to Electors of Measures Concerning Franchises or Special Privileges.

Ordinances making the annual tax levy, ordinances and resolutions pro-
viding for local improvements and assessments, and emergency meas-
ures shall take effect at the time indicated therein. All other ordinances
and resolutions enacted by the commission shall be in effect from and

ELECTION LAWS OF MONTANA 201

after thirty days from the date of their passage. Ordinances adopted
by the electors shall take effect at the time fixed therein, or, if no
time is specified, thirty days after the adoption thereof. An emergency
measure is an ordinance or resolution to provide for the immediate
preservation of the public peace, health or safety, in which the emergency
claimed is set forth and defined in a preamble thereto. The affirmative
vote of at least two-thirds of the members of the Commission shall be
required to pass an emergency ordinance or resolution. No measure
making or amending a grant, renewal or extension of a franchise or
other special privilege shall ever be passed without first submitting
the application therefor to the resident freeholders in the manner pro-
vided by section 5075 and 5076.

5520.18. Recording and Publishing of Resolutions and Ordinances.

Every ordinance or resolution upon its final passage shall be recorded
in a book kept for that purpose and shall be authenticated by the
signatures of the president and clerk. Within ten days after its final
passage each ordinance or resolution shall be published at least once
in such manner as the commission may by ordinance provide.

5520.19. Initiative Measures — Petition Any proposed ordinance,
except an ordinance making a tax levy or appropriation, may be sub-
mitted to the Commission by petition signed by ten per centum (10%)
of the qualified electors of the municipality whose names appear on
the register of voters on the date when the proposed ordinance is sub-
mitted to the Commission. All petition papers circulated with respect
to any proposed ordinance shall be uniform in character and shall
contain the proposed ordinance in full.

5520.20. Action of Commission on Initiative Petitions. If an initia-
tive petition, or amended petition be found sufficient by the clerk he
shall so certify and shall submit the ordinance therein set forth to the
Commission at its next meeting, and the Commission shall at once
read and refer it to an appropriate committee, which may be a com-
mittee of the whole. Provision shall be made for public hearings upon
the proposed ordinance before the committee to which it is referred.
Thereafter the committee shall report the ordinance to the Commis-
sion, with its recommendations thereon, not later than sixty days after
the date on which such ordinance was submitted to the Commission
by the clerk. Upon receiving the ordinance from the committee the
Commission shall proceed at once to consider it and shall take final
action thereon within thirty days from the date of such committee
report.

5520.21. Submission of Initiative Measure to Electors. If the

Commission fail to pass an ordinance proposed by initiative petition,
or pass it in a form different from that set forth in the petition there-
for, the committee of the petitioners hereinafter provided for may
require that it be submitted to a vote of the electors either in its original
form or with any change or amendment presented in writing either at
a public hearing before the committee to which the proposed ordinance
was referred or during the consideration thereof by the Commission.
If the committee of petitioners 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.

5520.22. Time for Submitting to Electors — Adoption on Favorable
Vote. Upon receipt of the certified copy of a proposed ordinance from
the committee of the petitioners the Clerk shall certify the fact to the
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

202 ELECTION LAWS OF MONTANA

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 Commissioner 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 sub-
mitted to the electors, a majority of those voting on a proposed ordi-
nance shall vote in favor thereof, it shall thereupon be an ordinance
of the municipality.

5520.23. Effective Date of Initiative Measure. When an ordi-
nance proposed by initiative petition is passed by the Commission in a
changed or amended form, and the committee of the petitioners require
that such proposed ordinance be submitted to a vote of the electors
as hereinbefore provided, the ordinance as passed by the Commission
shall not take effect until after such vote, and, if the proposed ordinance
so submitted, be approved by a majority of the electors voting thereon,
the ordinance as passed by the Commission shall be deemed repealed.

5520.24. Repealing Ordinances May Be Iinitiated — Publication,
Amending and Repealing of Initiative Measures by Commission. Pro-
posed ordinances for repealing any existing ordinance or ordinances,
in whole or in part, may be submitted to the Commission as provided
in the preceding sections for initiating ordinances. Initiated ordinances
adopted by the electors shall be published, and may be amended or
repealed by the Commission, as in the case of other ordinances.

5520.25. Referendum — Petition. The electors shall have power to
approve or reject at the polls any ordinance passed by the Commis-
sion, except an ordinance making a tax levy or an emergency meas-
ure, 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 submittd to a vote of the electors,
it shall not bcome 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.

5520.26. Reconsideration of Measure by Commission — Reference to
Electors. If a referendum petition, or amended petition, be found suf-
ficient by the Clerk he shall certify that fact to the Commission at its
next regular meeting and the ordinance or part thereof set forth in
the petition shall not go into effect, or further action thereunder shall
be suspended if it shall have gone into effect, until approved by the
electors as hereinafter provided. Upon receipt of the Clerk's certificate
the Commission shall proceed to reconsider the ordinance or part there-
of and its final vote upon such reconsideration shall be upon the ques-
tion "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 ordinance,
or part thereof, be not approved by a majority of those voting thereon
it shall be deemed repealed.

ELECTION LAWS OF MONTANA 203

5520.27. Voting on Initiative or Referendum Measures — Ballots.

Ordinances, or parts thereof, submitted to vote of the electors in ac-
cordance with the initiative and referendum provisions of this Act shall
be submitted by ballot title which shall be prepared in all cases by the
director of law. The ballot title may be distinct from the legal title of
any such proposed or referred ordinance and shall be a clear, concise
statement, without argument or prejudice, descriptive of the substance
of such ordinance or part thereof. The ballot used in voting upon any
ordinance, or part thereof, shall have below the ballot title the two
following propositions, one above the other, in the order indicated: "For
the ordinance" and "Against the ordinance." Immediately at the left
of each proposition there shall be a square in which by making a cross
mark (X) the elector may vote for or against the ordinance or part
thereof. Any number of ordinances ,or parts thereof, may be voted
upon at the same election and may be submitted on the same ballot,
but the ballot used for voting thereon shall be for that purpose only.

5520.28. Preliminary Acts Authorized Prior to Submission of
Ordinance to Electors. In case a petition be filed requiring that an
ordinance passed by the Commission providing for the expenditure of
money, a bond issue, or a public improvement be submitted to a vote
of the electors, all steps preliminary to such actual expenditure, actual
issuance of bonds, or actual execution of the contract for such improve-
ment, may be taken prior to the election.

5520.29. Petitions for Initiative, Referendum or Recall — Signat-
ures— Affidavit. The signatures to initiative, referendum or recall
petitions need not all be appended to one paper, but to each separate
petition paper there shall be attached an 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 at-
tached 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

5520.30. Petitions, Assembling of Papers Comprising — Clerk's Cer-
tificate. All petition papers comprising an initiative, referendum or re-
call petition shall be assembled and filed with the Clerk as one instru-
ment. 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 certifi-
cate the particulars in which it is defective and shall at once notify
the committee of the petitioners of his findings.

5520.31. Petitions — Amendment — Filing New Petition Not Preclud-
ed by Finding of Insufficiency. An initiative, referendum or recall
petition may be amended at any time within ten days after the making

204 ELECTION LAWS OF MONTANA

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 amend-
ment is filed, make examination of the amended petition and, if his
certificate shall show the petition still to be insufficient, he shall file
it in his office and notify the committee of the petitioners of his find-
ings and no further action shall be had on such insufficient petition.
The finding of the insufficiency of a petition shall not prejudice the
filing of a new petition for the same purpose.

5520.58. Tax Levy for Special Services — Limitation on. The Com-
mission may by ordinance designate clearly specified districts in or
for which special services are to be performed and may levy upon the
property in any 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.

5520.90. Elections — Officers to Act. For any election held on the
question of the adoption of this Act, and for the first election of mem-
bers of the Commission thereunder, if adopted the County Clerk and
Board of County Commissioners shall exercise the powers and perform
the duties respecting elections prescribed for County Clerks and Boards
of County Commissioners by the general laws of the State. After the
adoption of this Act by the electors of the county, and the election and
qualification of a 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 Commis-
sion of the municipality and, except as otherwise provided in this Act,
the provisions of such laws shall continue to apply to all elections held
within the municipality.

5520.91. Municipal Primary Election — When Held — Nominees, Ma-
jority Vote Elects — Time for Polls to Be Open — Conduct of Election.

A municipal primary election for the choice of members of the Commis-
sion 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 Commis-
sion. If candidates equal to the number of members of the Commis-
sion 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 municipal
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 elec-
tion, 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.

5520.92. Nominating Petitions. Any elector of the municipality
eligible to membership 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 of-
ficial register of voters of the municipality. The signatures to a nomi-
nating 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

ELECTION LAWS OF MONTANA 205

in ink or indelible pencil and, after his name, shall designate his resi-
dence 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 elec-
tion.

5520.93. Form of Nominating Petition. 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 we have not signed nomi-
nating petitions for more than candidates for the Commission.

Residence (street and number) or description to identify place.

Name. Date.

State of Montana, City and County 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 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 , 19

5520.94. Filing of Petitions — Notification of Nominees — Entry of
Names on Ballot. All separate leaves comprising a nominating peti-
tion 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 eleg-
ible 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 nomina-
tion.

5520.95. Ballots — Party Designation Forbidden — Form. No party
mark or designation shall appear on the ballots, or in connection with
the names of candidates on any voting machine, used in the election of
members of the Commission. Each elector may vote for as many candi-
dates for the Commission as there are places to be filled therein; but
any ballot marked for more candidates than the number of places to
be filled shall not be counted for any of the candidates for which
marked. The ballots shall be in form substantially as follows:

MUNICIPAL ELECTION
City and county of

(Month and day of month), 19

206 ELECTION LAWS OF MONTANA

FOR COMMISSIONERS
Do not vote for more than

5520.96. Ballot — Order of Names. At 2 o'clock p. m. on the tenth
day before any election at which members of the Commission are to
be nominated and elected, the Clerk shall publicly determine by lot
the order in which the names of candidates for election to the Com-
mission shall be printed on the ballots, or appear on any voting machine,
to be used at such election.

5520.97. Ballots — Blank Spaces. As many blank spaces shall be
left on the ballots below the printed names of candidates for the Com-
mission 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.

5520.98. Notices — Primary Election — Municipal Election — Publica-
tion. 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 news-
papers as may be so designated. In case the Commission fail to desig-
nate 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.

v

5520.99. Ballots at Municipal Election — What Names to Appear.

At any municipal election held for the choice of members of the Com-
mission 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 eaual to
double the number of places remaining to be filled in the Commission.
If, by reason of their having received the same number of votes, it
cannot be determined which of two or more candidates shall have his
name, or their names, printed on the ballots and placed on the voting
machines, then, notwithstanding the foregoing provisions of this sec-
tion, the names of all such candidates receiving the same number of
votes shall be printed on the ballots and placed on the voting machines.
The candidates for the Commission at an election held on the first
Tuesday in June, equal in number to the places remaining to be filled
in the Commission, who receive the highest number of votes shall be
declared elected. A tie between two or more candidates shall be decided
by lot in the presence of such candidates and under the direction of
the Clerk.

5520.100. Removal of Commissioners — Recall Petitions. Any mem-
ber of the Commission may be removed from office by the electors of
the municipality. The procedure for effecting such a removal shall be
as follows:

ELECTION LAWS OF MONTANA 207

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 certification of the Clerk and unless filed as hereinafter
provided.

5520.101. Recall Petitions — Signatures — Filing — Amendment. 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 and filed
with the Clerk. If any such petition is insufficient as originally filed
it may be amended as provided in this Act.

5520.102. Recall Election — Notice to Officer Whose Removal Sought
— Time for Holding. If a petition for a recall election, or an amended
petition, shall be certified by the Clerk to be sufficient, he shall at
once 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.

5520.103. Separate Removals Require Separate Petitions — Nomina-
tion of Successors. 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.
Candidates to succeed any person whose removal is sought shall be
placed in nomination by petition signed, filed and verified as provided
for nominating petitions for a municipal primary electon; except that
each petition paper shall specify that the candidate named therein is a
candidate to succeed a particular person whose removal is sought.

5520.104. Recall Elections — Voting Machines Not Used — Form of
Ballots. Voting machines shall not be used in recall elections, and the
printed ballots shall be in form substantially as follows:

RECALL ELECTION

City and County of

(Month and day of month) 19

SHALL (name of person) BE REMOVED FROM THE COMMIS-
SION BY RECALL?

208 ELECTION LAWS OF MONTANA

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.

5520.105. Result of Votes — Removal — Designation of Successor. 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 in the recall petition, be
deemed removed from office. When a member is removed from the Com-
mission 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.

5520.106. Resignation Pending Recall Election, Result of. If a

person in regard to whom a recall petition is submitted to the Com-
mission 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 Commission to
succeed himself.

5520.107. Limitation on Filing Recall Petitions. No recall petition
shall be filed in respect to any member of the Commission within three
months after he takes office nor in case of a member subjected to a
recall election and not removed thereby, until at least six months after
that election.

5520.119. Resolution Declaring: Creation of Consolidated Govern-
ment— Effective Date of Merger — Legal Status. At the first meeting
of the Commission whose members are first elected under the provi-
sions of this Act, such Commission shall adopt a resolution reciting the
filing of the petition provided 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 municipalitv, which resolution must be
in duplicate, and signed by all of the members of the Commission and
also entered at length on the journal of the Commission. One copv of
such Commission must be filed in the office of the Clerk of the Com-
mission and the other copv thereof must be transmitted to and filed in
the office of the Secretary of State. Immediately upon the adoption of
such resolution bv the Commission the separate corporate existence of
the countv and of each and everv 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 municipalitv shall thereupon be deemed to have suc-
ceeded to, and to possess and own all of the property and assets of
every kind and description and shall, save as herein otherwise pro-

ELECTION LAWS OF MONTANA 209

vided, become responsible for all of the obligations and liabilities of
the county, cities and towns so consolidated and merged. As a political
subdivision of the State, such consolidated municipality shall have the
status of a county, and for the purpose of representation in the Legis-
lative Assembly, as provided by the constitution and laws of this
State, and for all other purposes, it shall replace and be the successor
of the county and shall be attached to the same judicial district.

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 general, county, school, municipal or primary election.

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.

CHAPTER 420

ESTABLISHMENT OF AIRPORTS BY COUNTIES, CITIES

OR TOWNS

5668.38. Tax Levy for Establishing and Maintaining Airports —
Bonds. For the purpose of establishing, constructing, equipping,
maintaining and operating airports and landing fields under the pro-
visions of this Act the county commissioners or the city or town coun-
cil may each year assess and levy, in addition to the annual levy for
general administrative purposes, a tax of not to exceed one (1) mill
on the dollar of taxable value of the property of said county, city or
town. In the event of a jointly established airport or landing field,
the county commissioners and the council or councils involved shall
determine in advance the levy necessary for such purposes and the
proportion each political subdivision joining in the venture shall pay,
based upon the benefits it is determined each shall derive from the
project. Provided that if it be found that the levy hereby authorized
will be insufficient for the purposes herein enumerated, the commis-
sioners and councils acting are hereby authorized and empowered to
contract an indebtedness on behalf of such county, city or town, as the
case may be, upon the credit thereof by borrowing money or issuing
bonds for such purposes, provided that no money may be borrowed
and no bonds may be issued for such purpose until the proposition has
been submitted to the taxpayers affected thereby, and a majority vote
be cast therefor.

(As amended by Chapter 54, Laws of 1941.)

210 ELECTION LAWS OF MONTANA

CHAPTER 3
SUPREME COURT

Justices of the Supreme Court.

Judicial Officers.

(Constitutional Provisions, Article VIII, Section 12.)

8790. Justices — Number Increased to Five — Election and Term of
Office. 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.

8791. Term of Office and Designation of First Additional Justice.

The first term of office of one of the additional Justices of the Supreme
Court hereby proivded 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.

8792. Term of Office and Designation of Second Additional Justice.

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 addi-
tional Justice of the Supreme Court, and he shall hold office for said
term.

8797. Computation of Years of Office. The years during which a
Justice of the Supreme Court is to hold office are to be computed
respectively from and including the first Monday of January of any
one year to and excluding the first Monday of January of the next
succeeding year.

8798. Vacancies. 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 re-
maindr of the unexpired term of his predecessor.

CHAPTER 4
DISTRICT COURTS

Judicial Districts.

8812. Judicial Districts Defined. In this State there are seven-
teen 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.

Eeighth District: Cascade and Chouteau counties.

ELECTION LAWS OF MONTANA 211

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.

8813. Number of Judges. In each Judicial District there must be
the following number of Judges of the District Court, who must be
elected by the qualified voters of the district, and whose term of office
must be four years, to-wit: In the First, Second, Fourth, Eighth,
Thirteenth and Sixteenth, two judges each, in all other Districts one
judge each.

8820. Vacancies. If a vacancy occur in the office of Judge of a
District 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
unexpired term.

CHAPTER 5

JUSTICE AND POLICE COURTS

Justices of the Peace.
(Constitutional Provisions, Article VIII, Section 20, Page 9.)

8833. Justice Courts and Justices. 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 elec-
tors of the township at the general State election next preceding the
expiration of the term of office of his predecessor.

8837. Terms of Office. The term of office of Justices of Peace
is two years from the first Monday in January next succeeding their
election.

8838. Vacancies. 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.

CHAPTER 27

LIMITATIONS OF OTHER ACTIONS

Bond Issue, Restrained.

9040. Actions to Restrain Bond Issues, Time for Bringing. No ac-
tion can be brought for the purpose of restraining the issuance and sale
of bonds by any school district, county, city, or town in the State of
Montana, or for the purpose of restraining the levy and collection of
taxes for the payment of such bonds, after the expiration of sixty days
from the date of the order authorizing the issuance and sale of such
bonds, on account of any defect, irregularity, or informality in giving
notice, or in holding the election upon the question of such bond issue.

212 ELECTION LAWS OF MONTANA

CHAPTER 5
ELECTION FRAUDS AND OFFENCES

10747. Violation of Election Laws by Certain Officers a Felony.

Every person charged with the performance of any duty, under the
provisions of any law of this State relating to elections, or the registra-
tion of the names of electors, or the canvassing of the returns of elec-
tion, 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 imprison-
ment in the State prison not exceeding five years, or both.

10748. Fraudulent Registration a Felony. Every person who wil-
fully causes, procures, or allows himself to be registered in the official
register of any election district of any county, knowing himself not to
be entitled to such registration, is punishable by a fine not exceeding
One Thousand Dollars, or by 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, without being qualified for such registra-
tion, the court must order such registration to be cancelled.

10749. Fraudulent Voting. Every person not entitled to vote who
fraudulently votes, and every person who votes more than once at any
one election, or changes any ballot after the same has been deposited
in the ballot-box, or adds, or attempts to add, any ballot to those
legally polled at any election, either by fraudulently 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 count-
ed or canvassed, or at any other time, with intent to change the result
of such election; or carries away or destroys, or attempts to carry
away or destroy, any poll-lists, check-lists, or ballots, or ballot-box, for
the purpose of breaking up or invalidating such election, or wilfully de-
tains, mutilates, or destroys any election returns, or in any manner so in-
terferes with the officers holding such election or conducting such can-
vass, 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.

10750. Attempting to Vote Without Being Qualified. Every per-
son 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 misdemeanor.

10751. Procuring Illegal Voting. Every person who procures, aids,
assists, counsels, or advises another to register or give or offer
his vote at any election, knowing that the person is not entitled to vote
or register, is guilty of a misdemeanor.

10752. Changing Ballots or Altering Returns by Election Officers.

Every officer or clerk of election who aids in changing or destroying
any poll-lists or check-list, or in placing any ballots in the ballot-box,
or taking any therefrom, or adds, or attempts to add, any ballots to
those legally polled at such election, either by fraudulently introducing
the same into the ballot-box before or after the ballots therein have
been counted, or adds to or mixes with, or attempts to add to or mix
with, the ballots polled, any other ballots, while the same are being
counted or canvassed, or at any other time, with intent to change the
result of such election, or allows another to do so, when in his power
to prevent it, or carries away or destroys, or knowingly allows another

ELECTION LAWS OF MONTANA 213

to carry away or destroy, any poll-lists, check-list, ballot-box, or ballots
lawfully polled, is guilty of a felony.

10753. Judges Unfolding or Marking Ballots. Every judge or clerk
of an election who, previous to putting the ballot of an elector in the
ballot-box, attempts to find out any name on such ballot, or who opens
or suffers the folded ballot of any elector which has been handed in,
to be opened or examined previous to putting the same into the ballot-
box, or who makes or places any mark or device on any folded ballot,
with the view to ascertain the name of any person for whom the elector
has voted, is punishable by 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.

10754. Forging or Altering Returns. Every person who forges or
counterfeits returns of an election purporting to have been held at a
precinct, town, or ward where no election was in fact held, or wilfully
substitutes forged or counterfeit returns of election in the place of the
true returns for a precinct, town, or ward where an election was actually
held, is punishable by imprisonment in the State prison for a term
not less than two nor more than ten years.

10755. Adding to or Subtracting from Votes Given. Every person
who wilfully adds to or subtracts from the votes actually cast at an
election, in any returns, or who alters such returns, is punishable by
imprisonment in the State prison for not less than one nor more than
five years.

10756. Persons Aiding and Abetting. Every person who aids or
abets in the commission of any of the offenses mentioned in the
four preceding sections is punishable by imprisonment in the county
jail for a period of six months, or in the State prison not exceeding
two years.

10757. Intimidating, Corrupting, Deceiving, or Defrauding Electors.

Every person who, by force, threats, menaces, bribery, 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 defrauds 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 re-
ward, or promise thereof, to vote differently from what such elector
intended or desired to vote, is guilty of a misdemeanor, and is punish-
able by a fine not exceeding One Thousand Dollars, or imprisonment
not to exceed one year, or both.

10758. Offenses Under the Election Laws. Every person who
falsely makes, or fraudulently defaces 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 cer-
tificate 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 con-
viction thereof is punishable by imprisonment in the State prison not
less than one nor more than five years.

10759. Officers of Election Not to Electioneer, Etc. Every of-
ficer 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 election-
eering on election day, is guilty of a misdemeanor, and upon conviction
is punishable bv imprisonment not to exceed six months, or by a fine
not less than Fifty nor more than Five Hundred Dollars, or both.

214 ELECTION LAWS OF MONTANA

10760. Offenses at an Election. Every person who, during an
election, removes or destroys any of the supplies or other conveniences
placed in the booths or compartments for the purpose of enabling a
voter to prepare his ballot, or prior to or on the day of election wil-
fully defaces or destroys any list of candidates posted in accordance with
the provisions of law, or during an election tears down or defaces the
cards printed for the instruction of voters, or does any electioneering
on election day within any polling-place or any building in which an
election is being held, or within twenty-five feet thereof, or obstructs
the doors or entries thereof, or removes any ballot from the polling-
place before the closing of the polls, or shows his ballot to any person
after it is marked so as to reveal the contents thereof, or solicits an
elector to show his ballot after it is marked, or places a mark on his
ballot by which it may afterward be identified, or receives a ballot
from any other person than one of the judges of the election having
charge of the ballots, or votes or offers to vote any ballot except
such as he has received from the judges of election having charge of
the ballots, or does not return the ballot before leaving the polling-
place, delivered to him by such judges, and which he has not voted,
is guilty of a misdemeanor, and is punishable by a fine not exceeding
One Hundred Dollars.

10761. Furnishing Money or Entertainment for, or Procuring At-
tendance of, Electors. Every person who, with the intention to promote
the election of himself or any other person, either:

1. Furnishes entertainments, at his expense, to any meeting of
electors previous to or during an election;

2. Pays for, procures, or engages to pay for any such entertain-
ment;

3. Furnishes or engages to pay any money or property for the
purpose of procuring the attendance of voters at the polls, or for the
purpose of compensating any person for procuring the attendance of
voters at the polls, except for the conveyance of voters who are sick
or infirm;

4. Furnishes or engages to pay or deliver any money or property
for any purpose intended to promote the election of any candidate, 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.

10762. Unlawful Offer to Appoint to Office. Every person who,
being a candidate at any election, offers, or agrees to appoint or pro-
cure, the appointment of any particular person to office, as an induce-
ment 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.

10763. Communication of Same. Every person, not being a candi-
date, who communicates any offer, made in violation of the last sec-
tion, to any person, with intent to induce him to vote for, or to procure
or to aid in procuring the election of the candidate making the offer,
is guilty of a misdemeanor.

10764. Bribing Members of Legislative Caucuses, etc. Every per-
son who gives or offers a bribe to any officer or member of any legis-
lative caucus, political convention, or political gathering of any kind,
held for the purpose of nominating candidates for offices of honor,
trust, or profit, in this State, with intent to influence the person to whom
such bribe is given or offered to be more favorable to one candidate
than another, and every person, member of either of the bodies in this
section mentioned, who receives or offers to receive any such bribe,

ELECTION LAWS OF MONTANA 215

is punishable by imprisonment in the State prison not less than one
nor more than fourteen years.

10765. Preventing; Public Meeting of Electors. Every person who,
by threats, intimidation, or violence, wilfully hinders or prevents electors
from assembling in public meeting for the consideration of public ques-
tions, is guilty of a misdemeanor.

10766. Disturbances of Public Meetings of Electors. Every person
who wilfully disturbs or breaks up any public meeting of electors or
others, lawfully being held for the purpose of considering public ques-
tions, or any public school or public school meeting, is guilty of a
misdemeanor.

10767. Betting on Elections. Every person who makes, offers, or
accepts any bet or wager upon the result of any election, or upon the
success or failure of any person or candidate, or upon the number of
votes to be cast, either in the aggregate or for any particular candi-
date, or upon the vote to be cast by any person, is guilty of a misde-
meanor.

10768. Violation of Election Laws. Every person who wilfully
violates any of the provisions of the laws of this State relating to elec-
tions is, unless a different punishment for such violation 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.

10769. Bribery. The following persons shall be deemed guilty of
bribery, and shall be punished by a fine not exceeding One Thousand
Dollars, and imprisonment in the penitentiary not exceeding one year:

1. Every person who, directly or indirectly, by himself or by any
other person on his behalf, gives, lends, or agrees to give or lend, or
offers or promises, any money or valuable consideration, or promises
to procure, or endeavors to procure, any money or valuable considera-
tion, to or for any election, or to or for any person on behalf of any
elector, or to or for any person, in order to induce any elector to vote
or refrain from voting, or corruptly does any such act as aforesaid;

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 ;

216 ELECTION LAWS OF MONTANA

6. Every elector who, before or during any election, directly or
indirectly, by himself or any other person on his behalf, receives, agrees,
or contracts for any money, gift, loan, valuable consideration, office,
place, or employment, for himself or any other person, for voting or
agreeing to vote, or for refusing or agreeing to refrain from voting at
any election;

7. Every person who, after any election, directly or 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;

8. 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 himself or any other person, for voting or agreeing to vote, or for
refraining or agreeing to refrain from voting at such election;

9. Every person, whether an elector or otherwise, who, after an
election, directly or indirectly, by himself or by any other person on
his behalf, makes approaches to any candidate, or any agent or person
representing or acting on behalf of any candidate, and asks for or offers
to receive any money, gift, loan, valuable 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 vaulable 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 employment, or agrees to give or procure, or offers or promises, such
office, place, or employment, or endeavors to procure, or promises to
procure or to endeavor to procure, such office, place, or employment,
to or for such person or any other person;

12. Every person who, in consideration of any gift, loan, offer,
promise, or agreement, as mentioned in the two last preceding sub-
sections, allows himself to be nominated, or refuses to allow himself
to be nominated, as a candidate at an election, or withdraws if he has
been so nominated;

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.

10770. Unlawful Acts of Employers. It shall be unlawful for any
employer, in paying his employees the salary or wages due them, to
enclose their pay in "pay envelopes" upon which there is written or
printed the name of any candidate or political mottoes, devices, or
arguments containing threats or promises, express or implied, calculated
or intended to influence the political opinions or actions of such em-
ployees. Nor shall it be lawful for an employer, within ninety days

ELECTION LAWS OF MONTANA 217

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, shall be elected, work in his place
or establishment will cease, in whole or in part, or shall be continued or
increased, or his place or establishment be closed up, or the salaries or
wages of his workmen or employees be reduced or increased, or other
threats, or promises, express or implied, intended or calculated to in-
fluence the political opinions or actions of his workmen or employees.
This section shall apply to corporations as well as individuals, and
any person violating the provisions of this section is guilty of a misde-
meanor, and shall be punished by a fine of not less than Twenty-five
Dollars nor more than Five Hundred Dollars, and imprisonment not ex-
ceeding six months in the county jail, and any corporation violating
this section shall be punished by fine not to exceed Five Thousand
Dollars, or forfeit its charter, or both such fine and forfeiture.

10771. Fines Paid Into School Fund. All fines imposed and col-
lected under the preceding sections shall be paid into the county treasury
for the benefit of the common schools of the county in which the of-
fense was committed.

10772. Violation of Act Voids Election. If it be proved before any
court for the trial of election contests or petitions that any corrupt
practice has been committed, by or with the actual knowledge and
consent of any candidate at an election, if he has been elected, such
election shall be void, and shall be so adjudged.

CHAPTER 6
CORRUPT PRACTICES ACT

10773. Expenditures by or for Candidate for Office. 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 re-
stricted 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 con-
tribution, expenditure, 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.

10774. Limitation of Expenditures by Candidate — By Party Or-
ganization— By Relatives. No sums of money shall be paid and no
expenses authorized or incurred by or on behalf of any candidate who
has received the nomination to any public office or position in this
State, except such as he may contribute towards payment for his
political party's or independent statement in the pamphlet herein pro-
vided 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 atnd
no expenses authorized or incurred by or on behalf of any political
party or organization to promote the success of the prinicples or candi-
dates of such party or organization, contrary to the provisions of this
Act. For the purposes of this Act, the contribution, expenditure, or
liability of a descendant, ascendant, brother, sister, uncle, aunt, nephew,
niece, wife, partner, employer, employee, or fellow official or fellow

218 ELECTION LAWS OF MONTANA

employee of a corporation, shall be deemed to be that of the candidate
himself.

10775. Definition of Terms. Terms used in this Act shall be con-
strued 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:

"Persons" shall apply to any individual, male or female, and, where
consistent with collective capacity, to any committee, firm, partner-
ship, 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 candidate, or a political party or principle, and the provisions of law
relating thereto shall apply to any firm or partnership, to any corpora-
tion, 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 expendi-
ture 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 ex-
penses, telegraphing or telephoning, or making of poll-lists.

10776. Statement by Candidate as to Monies Expended — Filing
After Election — Penalty. 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 Legislative Assembly from a district composed
of more than one county, but with the County Clerk for legislative
districts composed of not more than one county, and for county and
precinct 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 statement setting forth in detail
all the moneys contributed, expended, or promised by him to aid and
promote his nomination or election ,or both, as the case may be, and
for the election of his party candidates, and all existing unfulfilled
promises of every character, and all liabilities remaining uncancelled
and in force at the time such statement is made, whether such expendi-

ELECTION LAWS OF MONTANA 219

tures, promises, and liabilities were made or incurred before, during,
or after such election. If no money or other valuable thing was given,
paid, expended, contributed, or promised, and no unfulfilled liabilities
were incurred by a candidate for public office to aid or promote his
nomination or election, or the election of his party candidates, he shall
file a statement to that effect within fifteen days after the election
at which he was a candidate. Any candidate who shall fail to file
such a statement 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.

10777. Accounts of Expenditures by Political Committees and
Other Persons — Statement and Vouchers. 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 candi-
date. Such accounts shall cover all transactions in any way affecting
or connected with the political canvass, campaign, nomination, or elec-
tion concerned. Every person receiving or expending money or incurring
liability by authority or in behalf of or to promote the success or
defeat of such committee, agent, candidate, or other person or political
party or organization, shall, on demand, and in any event within four-
teen days after such receipt, expenditure, or incurrence of liability, give
such treasurer, agent, candidate, or other person on whose behalf such
expense or liability was incurred detailed account thereof, with proper
vouchers. Every payment, except payments less in the aggregate than
five dollars to any person, shall be vouched for by a receipted bill
stating the particulars of expense. Every voucher, receipt, and account
hereby required shall be a part of the accounts and files of such treas-
urer, agent, candidate, or other person, and shall be preserved by the
public officer with whom it shall be filed for six months after the elec-
tion 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 defeat he has sought to
promote, a duplicate of such statement and a copy of such vouchers.
The books of account of every treasurer of any political party, com-
mittee, or organization, during an election campaign, shall be open at
all reasonable office hours to the inspection of the treasurer and chair-
man of any opposing political party or organization for the same
electoral district; and his right of inspection may be enforced by writ
of mandamus by any court of competent jurisdiction.

10778. Copies of Act to Be Furnished Certain Public Officers and
Candidates. The Secretary of State shall, at the expense of the State,
furnish to the County Clerk, and to the City and Town Clerks, Auditors,
and Recorders, copies of this Act as a part of the election laws. In the
filing of a nomination petition or certificate of nomination, the Secretary
of State, in the case of State and district offices for districts composed
of one or more counties, and County Clerks for county offices, and the

220 ELECTION LAWS OF MONTANA

City and Town Clerks, Auditors, or Recorders for municipal offices,
shall transmit to the several candidates, and to the treasurers of political
committees, and to political agents, as far as they may be known to
such officer, copies of this Act, and also to any other person required
to file a statement such copies shall be furnished upon application
therefor. Upon his own information, or at the written request of any
voter, said Secretary of State shall transmit to any other person be-
lieved by him or averred to be a candidate, or who may otherwise be
required to make a statement, a copy of this Act.

10779. Inspection of Accounts — Complaints — Statement of Receipts.

The several officers with whom statements are required to be filed
shall inspect all statements of accounts and expenses relating to nomina-
tions 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, disbusements and liabilities in con-
nection with or in any way relating to the nomination or election con-
cerned, whether it is an office to which a salary or compensation is
attached or not, and said person shall thereupon be required to file
such statement and to comply with all the provisions relating to state-
ments herein contained. Whoever makes a statement required by this
Act shall make oath attached thereto that it is in all respects correct,
complete, and true, to the best of his knowledge and belief, and said
verification shall be in substantially the form herein provided.

10780. Prosecutions for Failure to File Statement. Upon the fail-
ure 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 forthwith notify the County Attorney
of the county where said violation occurred, and shall furnish him
with copies of all papers relating thereto, and said County Attorney
shall, within sixty days thereafter .examine every such case, and if the
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.

10781. Jurisdiction — Court May Compel Filing of Statements. The

District Court of the county in which any statement 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

ELECTION LAWS OF MONTANA 221

may be filed within thirty days atfer any payment not included in the
statements so filed.

10782. Record of Statements — Copies. All statements shall be pre-
served for six months after the election to which they relate, and shall
be public records subject to 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.

(As amended by Chapter 41 — Laws of 1943.)

10783. Payments in Name of Undisclosed Principal. 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 ;'urnished;
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 terasurer.

10784. Promise to Procure Appointment or Election. No person
shall, in order to aid or promote his nomination or election, directly or
indirectly, himself or through any other person, promise to appoint
another person, or promise to secure or aid in securing the appointment,
nomination, or election of another person to any public or private posi-
tion or employment, or to any position of honor, trust, or emolument, ex-
cept that he may publicly announce or define what is his choice or pur-
pose 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.

10785. Public Officer or Employee Not to Contribute Funds. 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.

10786. Certain Public Officers Prohibited from Acting as Delegates
or Members of Political Committee. No holder of a public position,
other than an office filled by the voters, shall be a delegate to a con-
vention for the election district that elects the officer or board under
whom he directly or indirectly holds such position, nor shall he be a
member of a political committee for such district.

10787. Transfer of Convention Credential. No person shall invite,
offer, or effect the transfer of any convention credential in return for
any payment of money or other valuable thing-.

10788. Inducing Person to Be or Not to Be Candidate. No person
shall pay, or promise to reward another, in any manner or form, for
the purpose of inducing him to be or refrain from or cease being a
candidate, and no person shall solicit any payment, promise, or reward
from another for such purpose.

10789. What Demands or Requests Shall Not Be Made of Candi-
dates. 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 incum-

222 ELECTION LAWS OF MONTANA

bent 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 perform-
ance of any duty imposed by law en a political committee. No person
shall demand, solicit, ask, or invite any candidate to subscribe to the
support of any club or organization, to buy tickets to any entertain-
ment 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, Me 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 candidacy,
nor to ordinary contributions at church services.

10790. Contributions from Corporations, Public Utilities, and Others.

No corporation, and no person, trustee, or trustees owning or holding
the majority of the stock of a corporation carrying on the business
of a bank, savings bank, co-operative bank, trust, trustee, surety, in-
demnity, safe deposit, insurance, railroad, street-railway, telegraph,
telephone, gas, electric light, heat, power, canal, aqueduct, water, ceme-
tery, or crematory company, or any company having the right to take
or condemn land, or to exercise franchises in public ways granted by
the State or by any county, city, or town, shall pay or contribute in
order to aid, promote, or prevent the nomination or election of any
person, or in order to aid or promote the interests, success, or defeat
of any political party or organization. No person shall solocit or receive
such payment or contribution from such corporation or such holders
of a majority of such stock.

10791. Treating. Any person or candidate who shall, either by himself
or by any other person, either before or after an election, or while such
person or candidate is seeking a nomination or election, directly or in-
directly, give or provide, or pay, wholly or in part, the expenses of
giving or providing any meat or drink, or other entertainment or pro-
vision, clothing, liquors, cigars, or tobacco, to or for any person for the
purpose of or with intent or hope to influence that person, or any other
person, to give or refrain 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 ground of challenge
to his vote and of rejecting his vote on a contest.

10792. Challenging Voters — Procedure. Whenever any person's
right to vote shall be challenged, and he has taken the oath prescribed
by the statutes, and if it is at a nominating election, then it shall 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 anv
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

ELECTION LAWS OF MONTANA 223

of the vote of such person is questioned for any reason, shall not be
deemed a violation of Section 10753 of this Code.

10793. Coercion or Undue Influence of Voters. 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 corporation or organization, otherwise than by public
speech or print, shall urge, persuade, or command any voter to vote
or refrain from voting for or against any candidate or political party
ticket or measure submitted to the people, for or on account of his
religious duty, or the interest of any corporation, church, or other or-
ganization, or who shall, by abduction, duress, or any fraudulent con-
trivance, 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.

10794. Bets or Wagers on Election Results. 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 impend-
ing 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 pecuniary value on the result of such election
in his electoral district, or any part thereof, or of any pending election,
or on any event or contingency 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.

10795. Personating Another Elector — Penalty. 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 im-
prisonment in the penitentiary at hard labor for not less than one nor
more than three years.

10796. Corrupt Practice, What Constitutes. 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 elector, 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 election districts similar in character and sufficient in num-
ber 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.

224 ELECTION LAWS OF MONTANA

10797. Compensating Voter for Loss of Time — Badges and Kn-*
signia. It shall be unlawful for any person to pay another for any loss
or damage due to attendance at the polls, or in registering, or for the
expense of transportation to or from the polls. No person shall pay for
personal service to be performed on the day of a caucus, primary,
convention, or any election, for any purpose connected therewith, tend-
ing 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.

10798. Publication in Newspapers and Periodicals. 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 chairman or secretary, or the
names of the other officers of the political or other organization insert-
ing the same, or the name of some voter who is responsible therefor,
with his residence and the street number therof, 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 nom-
ination or election, and no such owner, editor, publisher, 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.

10799. Solicitation of Votes on Election Day. It shall be unlaw-
ful 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.

10800. Political Criminal Libel. 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, publishing, circulating, posting, or causing
to be written, printed, circulated, posted, or published any such letter,
bill, placard, circular, or poster as aforesaid, which fails to bear on its
face the name and address of the author and of the printer or publisher,
shall be guilty of an illegal practice, and shall on conviction thereof be
punished by a fine of not less than Ten Dollars nor more than One
Thousand Dollars. If any letter, circular, poster, bill, publication, or
placard shall contain any false statement or charges reflecting on any
candidate's character, moralitv, 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 penitentiary for not less than one nor
more than three years. If the person charged with such crime shall
prove on his trial that he had reasonable ground to believe such charge
was true, and did believe it was true, and that he was not actuated
by malice in making such publication, it shall be a sufficient defense
to such charge. But in that event, and as a part of such defense, the

ELECTION LAWS OF MONTANA 225

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 containing such false statement or state-
ments was printed or circulated, he or they caused to be served per-
sonally and in preson upon the candidate to whom it relates a copy
thereof in writing, and calling his attention particularly to the charegs
contained therein, and that, before printing, publishing, or circulating
such charges, he received and read any denial, defense, or explanation,
if any, made or offered to him in writing by the accused candidate
within ten days after the service of such charge upon the accused person.

10801. Filing of Statement of Expenses by Candidate. The name
of a candidate chosen at a primary nominating election, or otherwise,
shall not be printed on the official ballot for the ensuing election, unless
there has been filed by or on behalf of said candidate the statements of
accounts and expenses relating to nominations required by this Act, as
well as a statement by his political agent and by his political committee
or committees in his behalf, if his statement discloses the existence of
such agent, committee, or committees. The officer or board entrusted
by law with the preparation of the official ballots for any election
shall, as far as practicable, warn candidates of the danger of the omis-
sion of their names by reason of this provision, but delay in making any
such statement beyond the time prescribed shall not preclude its ac-
ceptance 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.

10802. Inducement to Accept or Decline Nomination. It shall be
unlawful for any person to accept, receive, or pay money or any valu-
able 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 forthwith 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 nomination
to any office. In addition thereto, the court shall direct the County
Attorney to institute criminal proceedings against such person or per-
sons for corrupt practice, and upon conviction thereof he and any person
or persons combining with him shall be punished by a fine or not more
than One Thousand Dollars, or imprisonment in the county jail for not
more than one year.

10803. Forfeiture of Nomination or Office for Violation of .Law
When not Worked. 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 rea-
sonable means for preventing the commission of such offense at such
election were taken by and on behalf of the candidate, or that the of-
fense or offenses complained of were trivial, unimportant, and limited
in character, and that in all other respects his participation in the elec-

226 ELECTION LAWS OF MONTANA

tion was free from such offenses or illegal acts, or that any act or
omission of the candidate arose from inadvertence or from accidental
miscalculation, or from some other reasonable cause of a like nature,
and in any case did not arise from any want of good faith, and under
the circumstances it seems to the court to be unjust that the said
candidate shall forfeit his nomination or office, or be deprived of any
office of which he is the incumbent, then the nomination or election
of such candidate shall not by reason of such offense or omission com-
plained of be void, nor shall the candidate be removed from or deprived
of his office.

10804. Punishment for Violation of Act. 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 practice, illegal act, or undue influence, in or about
such nomination or election, he shall be punished by being deprived of
the nomination or office, as the case may be, and the vacancy therein
shall be filled in the manner provided by law. The only exception to
this judgment shall be that provided in the preceding section of this
Act. Such judgment shall not prevent the candidate or officer from
being proceeded against by indictment or criminal information for any
such act or acts.

10805. Time for Commencing Contest. Any action to contest the
right of any person declared elected to an office, or to annul and set
aside such election, or to remove from or deprive any person of an
office of which he is the incumbent, for any offense mentioned in this
Act, must, unless a different time be stated, be commenced within
forty days after the return day of the election at which such offense
was committed, unless the ground of the action or proceeding is for
the illegal payment of money or other valuable thing subsequent to the
filing of the statements prescribed by this Act, in which case the action
or proceeding may be commenced within forty days after the discovery
by the complainant of such illegal 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.

10806. Court Having Jurisdiction of Proceedings. 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 men-
tioned in this Act, or any petition to excuse any person or candidate
in accordance with the power of the court to excuse as provided in
Section 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 nominated or elected is filed, or
in which the incumbent resides.

10807. Disqualification of Person Convicted to Hold Office. A can-
didate nominated or elected to an office, and whose nomination or elec-
tion 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 emolument 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.

10808. Duty of County Attorney on Violation of Act: — Penalty for
Neglect or Refusal to Act. If any County Attorney shall be notified

ELECTION LAWS OF MONTANA 227

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 rea-
sonable ground for instituting a prosecution, it shall be the duty of
such County Attorney to file a complaint or information in writing,
before a court of competent jurisdiction, charging the accused person
with such offense; if any County Attorney shall fail or refuse to faith-
fully perform any duty imposed upon him by this Act, he shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall
forfeit his office. It shall be the duty of the County Attorney, under
penalty of forfeiture of his 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.

10809. Declaration of Result of Election After Rejection of Illegal
Votes. If, in any case of a contest on the ground of illegal votes, it
appears that another person than the one returned has the highest
number of legal votes, after the illegal votes have been eliminated, the
court must declare such person nominated or elected, as the case may be.

10810. Grounds for Contest of Nomination or Office. Any elector
of the State, or of any political or municipal division thereof, may
contest the right of any person to any nomination or office for which
such elector has the right to vote, for any of the following causes:

1. On the ground of deliberate, serious, and material violation of
any of the provisions of this Act, or of any other provision of the law
relating to nominations or elections.

2. When the person whose right was contested was not, at the
time of the election, eligible to such office.

3. On account of illegal votes or an erroneous or fraudulent count
or canvass of votes.

10811. Nomination or Election Not to Be Vacated, When. Nothing
in the third ground of contest specified in the preceding section is to be
so construed as to authorize a nomination or election to be set aside
on account of illegal votes, unless it appear, either that the candidate
or nominee whose right is contested had knowledge of or connived at
such illegal votes, or that the number of illegal votes given to the
person whose right to the nomination or office is 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.

10812. Reception of Illegal Votes, Allegations and Evidence. 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 person whose nomination or
election is contested, which, if taken from him, will reduce the number
of his legal votes below the number of legal votes given to some other
person for the same office; but no testimony shall be received of any
illegal votes, unless the party contesting such election deliver to the
opposite party, at least three days before such trial, a written list of
the number of illegal votes, and by whom given, which he intends to
prove on such trial. This provision shall not prevent the contestant
from offering evidence of illegal votes not included in such statement,
if he did not know and by reasonable diligence was unable to learn
of such additional illegal votes, and by whom they were given, before
delivering such written list.

10813. Contents of Contest Petition — Amendment — Bond — Costs —
Citation — Precedence. Any petition contesting the right of any person
to a nomination or election shall set forth the name of every person

228 ELECTION LAWS OF MONTANA

whose election is contested, and the grounds of the contest, and shall
not thereafter be amended, except by leave of the court. Before any
proceeding thereon the petitioners shall give bond to the State in such
sum as the court may order, not exceeding Two Thousand Dollars,
with not less than two sureties, who shall justify in the manner required
of sureties on bail-bonds, conditioned to pay all costs, disbursements,
and attorney's fees that may be awarded against him if he shall not
prevail. If the petitioner prevails, he may recover his costs, disburse-
ments, and reasonable attorney's fees against the contestee. But costs,
disbursements, 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 nomina-
tion or office is contested, citing them to appear and answer, not less
than three nor more than seven days after the date of filing the peti-
tion, and the court shall hear said cause, and every such contest shall
take precedence over all other business on the court docket, and shall
be tried and disposed of with all convenient dispatch. The court shall
always be deemed in session for the trial of such cases.

10814. Hearing of Contest. The petitioner (contestant) and the
contestee may appear and produce evidence at the hearing, but no per-
son, other than the petitioner and contestee, shall be made a party to
the proceedings on such petition; and no person, other than said parties
and their attorneys, shall be heard thereon, except by order of the
court. If more than one petition is pending, or the election of more
than one person is contested, the court may, in its discretion, order the
cases to be heard together, and may apportion the costs, disbursements,
and attorney's fees between them, and shall finally determine all ques-
tions 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 con-
tested nomination or election for Senator or Representative in the Legis-
lative Assembly, or for Senator or Representative in Congress, the
court shall forthwith certify its findings to the Secretary of State, to
be by him transmitted to the presiding officer of the body in question.)
In the case of other nominations or elections, the court shall forthwith
certify its decision to the board or official issuing certficates of nomina-
tion 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 ren-
dered, said judgment 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 clone 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 judg-
ment 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, 145 P. 721.

10815. Corporations — Proceedings Against, for Violation of Act.

In like manner as prescribed for the contesting of an election, any
corporation organized under the laws of or doing business in the State
of Montana may be brought into court on the ground of deliberate,
serious, and material violation of the provisions of this Act. The peti-
tion shall be filed in the district court in the county where said cor-
poration has its principal office, or where the violation of law is
averred to have been committed. The court, upon conviction of such
corporation, may impose a fine of not more than Ten Thousand Dollars,

ELECTION LAWS OF MONTANA 229

or may declare a forfeiture of the charter and franchises of the cor-
poration, if organized under the laws of this State, or if it be a foreign
corporation, may enjoin said corporation from further transacting
business in this State, or by both such fine and forfeiture, or by both
such fine and injunction.

10816. Penalty for Violations Not Otherwise Provided for. Who-
ever violates any provision of this Act, the punishment for which is not
specially provided by law, shall on conviction 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 Dollars, or by both such fine and
imprisonment.

10817. Advancement of Cases — Dismissal, When — Privileges of
Witnesses. Pi'oceedings 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 thereby more effec-
tually secured, and in case of such continuance or postponement, the
court may impose costs in its discretion as a condition thereof. No
petition shall be dismissed without the consent of the County Attorney,
unless the same shall be dismissed by the court. No person shall be
excused from testifying or producing papers or documents 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 ad-
vanced 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.

10818. Form of Complaint. 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 candi-
date 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 the
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 legal in the premises.

230 ELECTION LAWS OF MONTANA

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.

10819. Form of Statement of Expenses. 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 by 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 return,
I have not paid any money, security, or equivalent for money, nor has
any money or equivalent for money, to my knowledge or belief, been
paid, advanced, given, or deposited by 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.

10820. False Oaths or Affidavits — Perjury. 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.

ELECTION LAWS OF MONTANA 231

CHAITKR 221

An Act Providing for Public Cemetery Districts; Providing for Peti-
tions and Notices of Hearing Respecting Said Districts; Providing
for an Election Creating Cemetery Districts; Providing for an
Order Organizing Cemetery Districts, Naming Trustees and Grant-
ing Powers Thereto; Providing for an Annual Tax Levy for Ceme-
tery Districts; Providing for a Method of Withdrawal from Ceme-
tery Districts, and Altering the Boundaries Thereof; and Repeal-
ing All Acts and Parts of Acts in Conflict Herewith.

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

Section 1. There is hereby deemed and declared a public ceme-
tery district act for the State of Montana. A cemetery district may
contain the entire territory embraced within a county or any portion
or subdivision thereof.

Section 2. Whenever a petition, signed by not less than fifty-one
per cent (51%) of the citizens who are owners of land located within
a proposed cemetery district, whose names appear as such owners of
land upon the last completed assessment roll of the county in which
said proposed district is situated, which petition shall definitely de-
scribe the boundaries of the proposed district and request that the
territory within said boundaries be organized into a public cemetery
district, the petition shall be presented to the board of county commis-
sioners of the county in which the proposed district is situated, at a
regular or special meeting of said board. The said board of county
commissioners, by resolution, shall fix a time for the hearing of said
petition at not less than two (2) nor more than five (5) weeks from
the time of presentation thereof, and shall cause notice to be given
of the time and place of said hearing, by publication as prescribed by
law, for not less than two (2) weeks prior to the time of said hearing.
Said notice shall state that any person residing in or owning property
within said proposed district or within any existing cemetery district,
any part of the territory of which is described in said petition, may
appear before said board at the hearing and show cause why the said
district should not be created or the proposed boundaries changed.

Section 3. At the time fixed for said hearing, the board shall
determine whether or not it complies with the requirements herein-
before set forth and whether or not the notice required herein has
been published as required, and must hear all competent and relevant
testimony offered in support of or in opposition thereto. Said hearing
may be adjourned from time to time for the determination of said
facts, not to exceed two (2) weeks in all.

Section 4. If the board of county commissioners shall determine
that the petitioners have complied with the requirements herein set
forth and that the notice required has been published, it shall there-
upon proceed to a final hearing of the matter. Said board shall make
such changes in the boundaries of the proposed district as it may
deem advisable and shall define and establish such boundaries, as
described in the petition and shall call an election.

Section 5. The board must, in its order, specify the time and place
for such eelction, the voting place, and shall in said order appoint and
designate judges and clerks therefor. The election shall be held in all
respects as nearly as practicable in conformity with the general elec-
tion laws: provided further, that the polls shall be open from twelve
(12) o'clock noon to seven (7) o'clock p. m., on the day appointed for
such election. At such election the ballots must contain the words
"cemetery district, yes" and "cemetery district, no." The judges of

232 ELECTION LAWS OF MONTANA

the election shall certify to the board of county commissioners the
results of said election.

Section 6. In the event that a majoi'ity of the votes cast are in
favor of the formation of said cemetery district, the board of county
commissioners shall proceed with the organization thereof as herein
specified.

Section 7. Said cemetery district shall be governed and managed
by three (3) trustees, appointed by the board of county commissioners.
The trustees shall be appointed from the freeholders residing within
said district for terms of one (1), two (2) and three (3) years respec-
tively, and until their successors shall be appointed and qualified.
Annually thereafter the board of county commissioners shall appoint
one trustee for a term of three (3) years or until his successor shall
be appointed and qualified. The trustees at their first meeting shall
adopt by-laws for the government and management of the district.
They shall serve without pay.

Section 8. Said district may maintain a cemetery or cemeteries
within said district; may hold title to property by grant, gift, devise,
lease, or any other method; and perform all acts necessary or proper
for the carrying out of the purposes of this act, including the selling
or leasing of burial lots.

Section 9. The board of cemetery trustees shall annually present
a budget to the board of county commissioners at the regular budget
meetings as prescribed by law. The board of county commissioners
must annually, at the time of levying county taxes, fix and levy upon
all property within said cemetery district, sufficient to raise the amount
certified by the board of cemetery trustees to be raised by a tax on
the property of said district. The tax so levied shall not exceed one
mill on each dollar of taxable valuation on the property of said district.

Section 10. The trustees shall make proper rules and regulations
for the management of the cemeteries. The procedure of the collecting
of the tax and the distribution of the funds shall be in accordance with
the existing laws of the State of Montana.

Section 11. Any portion of a public cemetery district may be with-
drawn therefrom as in this section provided, upon receipt of a petition
signed by fifty (50) or more freeholders residing in, or owning property
within the portion desired to be withdrawn by any public cemetery
district or by a majority of such freeholders, if there are less than
one hundred (100) residing within the portion sought to be withdrawn,
on the grounds that such portion will not be benefited by remaining in
said district. The board of county commissioners shall fix a time for
the hearing of such withdrawal petition which shall not be more than
sixty (60) days after the receipt thereof. The said board shall, at least
thirty (30) days prior to the time so fixed, publish a notice of such
hearing for two (2) issues as provided by law.

Section 12. Any person interested may appear at said hearing
and present objections to the withdrawal of said portion from said
district. The board shall consider all objections, pass upon the merits
thereof and make an order in accordance therewith. This order is
subject to review by any court of competent jurisdiction.

Section 13. The boundaries of any such public cemetery district
may be altered and outlying districts be annexed thereto in the follow-
ing manner: A petition signed by fifty (50) or more freeholders
within the territory proposed to be annexed, or by a majority of such
freeholders if there are less than one hundred (100) residing within
the portion proposed to be annexed, designating the boundaries of such
contiguous territory proposed to be annexed and asking that it be

ELECTION LAWS OF MONTANA 233

annexed to said public cemetery district, shall be presented to the
board of county commissioners of the county in which said public
cemetery district is situated.

Section 14. At the first regular meeting after the presentation
of said petition, said board of county commissioners shall cause notice
of said petition to be published according to law for two (2) weeks
prior to the date to be fixed by said board for the hearing of said
petition. Upon the date fixed for such hearing or continuance thereof,
said board shall take up and consider said petition and any objec-
tions which may be filed to the inclusion of any property in said
district.

Section 15. Said board of county commissioners shall have the
power by order entered on its minutes to grant said petition either in
whole or in part, and by order entered on its minutes to alter the
boundaries of said public cemetery district and to annex thereto, all,
or such portion of said territory described in said petition as will be
benefited thereby. This territory shall become and be a part of such
public cemetery district and shall be taxed, together with the remainder
of said district, for all taxes to be thereafter levied by said board of
county commissioners for the operation and maintenance of said public
cemetery district.

Section 16. If any section, clause, paragraph or provision of this
act shall be found invalid by court of competent jurisdiction, it shall
be conclusively presumed that this act would have been passed by the
legislature without such invalid section, paragraph or clause and the
act as a whole shall not be declared invalid by reason of the fact that
one or more sections, clauses, sentences, paragraphs or parts may have
been found invalid by any court.

Section 17. All acts and parts of acts in conflict herewith are
hereby amended.

Approved March 9, 1943.

235

INDEX

ABSENT ELECTORS: See "Registration of Electors"; "Voting by Absent Electors"

ACTIONS TO RESTRAIN BOND ISSUES _ - 9040

AIRPORTS: Tax Levy for Establishing and Maintaining — Bonds 5668.38

APPORTIONMENT AND REPRESENTATION Art. VI, Sec. 1-4 Page 7

Chap. 37 (1941 Page 15

ARREST: Elector's Privilege from - 54 1

BALLOT: See also "Voting by Absent Electors"

Delivery to Elector by Judge Only — 693

Elections to be by - - 539

Elector May Vote Only Official 693

Exhibiting Voted Ballot Forbidden 693

Identifying Marks Prohibited 693

Putting in Ballot Box 702

Shall Not Be Removed from Polling Place Before Closing of Polls ___ .. 693

Spoiled, Procedure to Secure Another 698

Unofficial Sample, at Polling Place, Prohibited 696

BALLOT BOX:

How Made — - 604

Judges Only to Deposit Ballots in — — 700

Opening Only When - 606

Prepared at County Expense — - - - 604

Size of Opening of - 605

To Be Exhibited, Closed and Locked, Delivery of Key 606

Voted Ballot to Be Placed in — - - 702

BALLOTS: See also "Voting by Absent Electors"; "Voting Machines — Conduct of
Elections" (763)

Blank Space and Margin Left Upon 683

Cities and Towns, duty of City Clerk (see also "Cities and Towns") 687

City charge, when -- -— 677

City Clerk to prepare in city elections -— — - — - 679

Clerk to deliver to election judges 603

Color and size -- 681

Columns and directions to voter — — - - 681

Constitutional amendments, special column upon - — 681

Containing constitutional amendment, how marked - - - 696

County charge, when 677

County Clerk to prepare, when and how 686

County Clerk to provide 681

Delivery to elector 695

Deposit in box by judges only 700

Destruction of the same by County Clerk, when and how destroyed 646

Disposition of voted 696

Duty of County Clerk to provide 678,681

Duty of judges to stamp _ - 695

Elections shall be by Art. IX, Sec. 1, page 10-539

Elector entitled to receive from judges but one 695

Elector may not bring in or use unofficial sample _ 696

Elector may vote only official 693

Elector may receive only from judge — - 693

Entry of stub number on poll lists 695

Form of - - page 67

Initiative and Referendum measures, special column upon 681

Judged selected, duties 695

Judicial candidates, arrangement upon 681

Legislative candidates, placed how 681

Manner for placing Senate and House candidates on Chap. 170, page 64

Marking of — - 696

Model ballot 681

Must be marked 678

Names arranged how 681

Names written or posted upon; marking of 68 1

None to be received after closing of polls 69 1

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

236 INDEX

BALLOTS: — (Continued)

Party designation, how shown 681

Paster, when and how used to fill vacancy 680

Placing by judges in ballot box 702

Preparation and form 677—687

Primary: Public record, preserved how long 646

Printed and distributed at public expense _ 677

Printed in black ink . 68)

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 _ 681

Secret marking of 693

Separate prohibited for Constitutional amendments 103

Showing of after voting prohibited 693

Solicitation forbidden to show voted 693

Spoiled, procedure _ 698

Stamps, clerk to deliver to judges _ 603

Stub, detaching and deposit of voted _ 696

Stubs, size and contents 684

Uniformity of size and printing 685

Unused to be delivered to judges __ __ 693

Voted how — (See also "Voting") _ 696

Voted, only judge to place in ballot box 700

Voter: may take memorandum into booth — May write or paste name of

other candidate upon 678

Voting procedure (See also "Voting") v___ 696

BALLOT STAMP: How prepared; delivery to whom 603

BEER: Local option — election procedure to determine sale of 2815.53-2815.59

BRIDGE CONSTRUCTION: bond issue and tax levy for county .4713-4716

BRIDGES: ,_ j , ,_,.

Election to determine question of construction — bonds, levy I / I I

Special laws forbidden - -Art. V, Sec. 26, page 6

CANVASS OF ELECTION: See "Election Returns"; also, "Voting Machines —
conduct of Elections"

CEMETERY DISTRICTS — - .Page 231 et seq

CERTIFICATES OF ELECTION — 797, 805, 828, 4465.2, 4516

CHALLENGE:

Crime, proceedings on - 709

Grounds for - — - 706

How determined — - — 7 1 0

Judges to test qualifications in — 573

List to be kept of - - 714

Oath required in - - - - 584

Person refusing to be sworn, vote rejected in _ — 712

Proceedings on challenge for having voted before .... 708

Proceedings on for want of identity — 707

Proceedings upon determination of 713

Right to vote by registered elector 573

Trial of . ----- - 711

CITIES AND TOWNS:

Additions to — - 4979

Aldermen, qualification of 5008

Aldermen, term decided how ~ — 5005

City and County Consolidated Government: — 5520.1-5520.5,

5520.17-5520.31, 5520.90-5520.101
Adoption of Act: After adoption, election duties devolve upon whom 5520.90

County Commissioners and Clerk, duties 5520.90

Authorized - -Art. XVI, Sec. 7 5520.1

Ballots: Blank spaces left for write-in of names 5520.97

Form of _ 5520.4, 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 - 5520. 4-5

Conduct of:— 5520.90-.91

Judges, clerks, general procedure under general laws 5520.91

INDEX 237

CITIES AND TOWNS: — (Continued)

City and County Consolidated Government: — (Continued)
Election: — (Continued)

Nominating petition, form and signatures 5520.5

Nomination of candidates by petition only 5520.5

Ordered by County Commissioners _ 5520.3

Order of County Commissioners ordering special, when 5520.5

Polls open and close when 5520.91

Primary: Majority vote elects - 5520.91

Publication of notice calling 5520.98

When held 5520.91

Proclamation for special, contents, posting and publication 5520.5

Proclamation, publication and posting of 5520.3

Question submitted at general election, when 5520.5

Special called for electing members of commission 5520.5

Tie vote, procedure, when __ ..5520.99

When held 5520.3

Initiative, Referendum, Recall: (See also "Ordinances," below)

Petitions: Amendment of .5520.31

Duty of Clerk 5520.30-.3 1

Filed where 5520.30

How signed - — 5520.29

Membership in Commission, who eligible 5520.92

Nominating Petition:

Assembled and filed how ..5520.94

Form of 5520.93

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

Effective when _ 5520. 1 7-5520.23

Initiative Petition — — 5520. 1 9

Not operative when referendum is petitioned 5520.2o-.26

Passed at elections, effective when 5520.22

Proposed, certified to Commission by Clerk 5520.22

Proposed by Initiative: Remedy for failure of Commission

to pass 5520.21

Proposed for repeal of existing, how submitted 5520.24

Publication of adopted 5520.18-5520.24

Reconsideration of by Commission when 5520.26

Recording of 5520. 1 8

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 _ .5520.25

When ordered by Commission 5520.26

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

Petition: Examination and certificate by County Clerk 5520.3

Filing of 5520.2

Form and contents 5520.3

Signatures required __ 5520.2

Referendum: See "Ordinances"
Removal of Commissioners:

Elections: Ballots, form of 5520.104

Date of — - — 5520. 1 02

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. 1 0 1

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

238 INDEX

CITIES AND TOWNS: — (Continued)

City and County Consolidated Government: — (Continued)

Status of county - - - ..5520.1 19

Tax levy for special services 5520.58

Voting: Elector may vote what number of candidates 5520.95

When effective 5520.1 19

Bond elections called only on petition by qualified electors 1252-53

Bonds, creation of indebtedness, submission to taxpayers ...5278.1 , 5278.6-5278.12

Change of classification of 4971

Classification and organization of: 4961, 4967

Election, conduct of 4962, 4964

Elections, under what laws .4967

First election of officers 4963

Officers elected 4964

Old officers continue in office .4967

Petition and census ..496 1

Classification of: change of; new officers, election 4971

Clerk to give notice when poll books not needed — 571

Contracts and Franchises:

How granted _ 5074

Notice of election - 5076

Passing of ordinance when election favorable 5077

Question to be submitted to taxpaying freeholders 5075-6

Courts, election of judges, terms of office 5094.3

Direct Primary applicable to (See "The Direct Primary") 634

Division into wards .500 1 —2

Elections in: See also "The Direct Primary" 634

Annual in _ . — 5003

Canvass, when and how made ._ __.5012

Election judges and clerks 5011

Registration of electors 5009

Voting places 50 1 1

Electors, qualification of 501 0

Commission Form of Government for:

Abandment of form of 5397

Any city may adopt _ _ 5366

Ballots, form - 5369

Beginning of term of office - 5375

Calling of election to elect city officers 5371

Certificate of result of election 5370

Effect of Act upon existing laws 5399

Election frauds, penalty 5379

Fees for filing for office _ 5378.1

General election not held, when 5377.1

Laws governing city _ 5373

Manner of conducting election, canvassing votes .5372

No further election for two years 5370

Nomination of candidates, primary 5377

Number of councilmen, filling vacancies 5374

Ordinance, how submitted, election .__ .5395

Ordinances and franchises, how adopted or granted ...5388

Ordinances, taking effect and suspension of 5396

Penalty for working for candidate _ . .„ 5378

Petition and order of election 5367

Proclamation of election „ 5368

Recall of elective officers ..... 5394

Requirements of petitions ... 5398

Submission to electors 5367

Tenure of office, expiration of term 5376

Commission-Manager Plan of Government for: 5400-5448, 5514

Abandonment of, proceedings 5514

Any city may reorganize under 5400

Arrangement of names of candidates on ballot — 5416

Ballots:

Form - „. r .... - 5403

Form, contents and distribution , 5415

Bribery ■...- -5428

Certificate of result of election ._., 5404

Commission:

Meetings of, when held „, , - — 5448

Powers of 1 — — — 5410

Rules and order of business ■ 5448

Commissioners:

Acceptance of gratuities prohibited 5413

Compensation of - - 5447

Expiration of term - ...5411

Holding public office prohibited _ 5413

Interest in contracts „. - 5413

Oath and bond __ - 5443

Qualifications of 5411, 5413

Quorum of: Recording of Votes and Proceedings 5446

INDEX 239

CITIES AND TOWNS: — (Continued)

Commission-Manager Plan of Government for: — (Continued)
Commissioners: — (Continued)

Tenure of office .5411

Unauthorized absence creates vacancy 5448

Vacancies filled how _ - - 5412

Composition of Commission - 54 1 0

Conduct of election _ 5415

Date of holding regular elections, special elections 5417

Election not to be held within two years after failure to adopt 5404

False answers concerning qualifications of elector 5428

Filing of election expenses of candidates, penalty for violation 5418

Form of government to be known as 5410

Laws governing city, ordinances, territorial limits and property 5407

Manner of conducting election, canvassing votes _ 5406

Mayor:

Compensation of _ 5447

Designation of 5444

Powers and Duties of 5444

Procedure on tie vote ....5444

Selection of successor when recalled 5445

Vacancy in office of 5444

When all commissioners recalled 5445

Nomination of candidates, primary election _ ___.5414

Ordinances:

Assembling and filing of petition papers _ 5431

Ballot for 5434

Ballots in referendum elections 5438

Contents and requirements of referendum petitions 5438

Emergency are subject to referendum, rules applicable 5441

Hearing upon proposed 543 1

Highest affirmative vote prevails when referendum ordinances

conflict __ - 5440

Not operative upon filing of petition for repeal 5436

Other ordinances subject to referendum 5439

Preliminary steps prior to election 5442

Proposed and submitted how, petition .___ 5429

Publication, amendment and repeal of initiated 5435

Qualification of electors on referendum upon _ ....5442

Reconsideration of: __ -5437

Failure of electors to approve, operates as repeal _ __ ...5437

Submission to electors _ 5437

Repealing of 5435

Signatures and affidavit to petitions 5430

Submission to County Clerk of petition and proposed 5432

Submission to electors 543 1

When submitted to electors 5433

When to take effect 5434, 5436

Organization of communities as municipality, election proclamation,

election of commissioners 5408

Powers of municipalities under 5409

Proclamation of election 5402

Qualification of electors 54 1 5

Recall of commissioners:

Assembling and filing of petition papers _ 5422

Ballots 5424

Effect of majority vote for or against ..5425

Issuance of petition papers 5420

Nomination of candidates to fill vacancies 5424

Notification of officer 5423

Petition for recall 54 1 9

Requirements 5424

Signatures and affidavit to petition papers 5421

Time for filing petition for 5426

Special election for electing commissioners 5405

Submission of question to electors, petition and order of election 5401

Voting by disqualified person 5428

Working for candidate forbidden . 5427

Elections in:

See also "Voting Machines — Conduct of Election" — "The Direct

Primary" 764

Declination of nomination of candidate filed when 620

Expense of, proper charge against, 677

Fire districts, bonding in unincorporated 5149—5150

Government of, Legislature may provide, abolish or consolidate, election

when Art. XVI, Sec. 7 page 13

Indebtedness:

Additional levy .5 1 95-5 1 99.2

Bonds, percentage of voters required to authorize 5278. 1 1

Creation of and submission to taxpayers —.5278.1

240 INDEX

CITIES AND TOWNS: — (Continued)
Indebtedness: — (Continued)

Creation of and submission to taxpayers: — (Continued)
Election:

Ballot forms, conduct of _ 5278.9

Calling _ -5278.7

Canvass of returns _ 5278. 1 2

Notice, hours, officers 5278.8

Registration of electors .5278.10

Who entitled to vote ...5278.10

Petition for election, form, proof, consideration 5278.6-5278.7

Limit upon, election when Art. XIII, Sec. 6, page 11

Purpose for which indebtedness may be incurred .5039.63

Raising money by taxation in excess of levy, procedure .5195-5199.2

Relinquishment of forbidden Art. V, Sec. 26, page 7

Resolution for bond issue 5278.12

Initiative and Referendum: 5058-5068

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 ....5060

Petition: action upon by council when 5053

Filing where _ 5056

New, submitted under what circumstances 5058

Per cent: legal voters required to petition _ 5058

Proclamation by mayor, publication and posting of _._.506<

Proposed how 5053

Referendum: may be ordered by 5% electors 5061

Special election held when 5062

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 5058

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

Qualification of voters upon _ 506t

Registration records _ _ 5066

Mayor, qualifications _ 5004

Municipal Courts, election of judges, term of office _ .5094.3

Office, who eligible to hold 5007

Officers:

And elections _ ._ Chap. 381, pages 161-164

City of the first class 4995

City of second and third class 4996

Oath and bond ...5013

Removal how 501 5

Term begins when * ...5006, 5014

Terms of 5003

Town 4997

Vacancy:

How filled _ 50 1 5

Occurs when _ 501 3

Poll books:

Paid for by 571

Preparation, contents, delivery 568

Precinct registers. County Clerk to furnish copies of, charge for 571

Precincts may include wards 545

Primary nominating election law applicable to (See "The Direct Primary") . . 634

Property, power of council to transfer or lease 5039.61

Publication of questions to be submitted to voters of 538

Registered electors, printing and distribution of lists, contents, time 567

Streets, Legislature not to enact special laws regarding _. Art. V, Sec. 26, page 6
Voting:

Announcement of voter's name when 701

Method of 700

Wards:

Certification of by City Council 547

Map by Council of 549

CLASSIFICATION AND ORGANIZATION OF CITIES AND TOWNS: See "Cities

and Towns" 4961-4967

INDEX 241

CLERK OF THE SUPREME COURT:

Term, elected how, duties and compensation fixed how Art. VIII, Sec. 9, page 9
Vacancy, how iilled, term Art. VIII, Sec. 34, page 10

CLERKS OF ELECTION:

Appointment by judges, when ■_ 593

Serve at pleasure of board 593

To mail notices of election, to judges, when, form, number _ 594

Vacancies, how filled _ 593

COMMISSION FORM OF GOVERNMENT FOR CITIES: See "Cities and Towns" 5366-5399

COMMISSION-MANAGER PLAN OF GOVERMENT FOR CITIES AND TOWNS:

See "Cities and Towns" 5400-5514

COMMITTEEMEN:

City committeemen, county committeemen residing in city or town,

to be, ex-officio 662

County committeemen:

City committeemen, ex-officio _ 662

Congressional committee members elected by 662

Duties ' 662

Meetings 662

Names to be printed on ballot, how 662

Organization of 662

Precincts each to elect one man and one woman 662

Proxies 662

Qualifications of 662

State central committeemen elected by 662

Term of office _ '. 662

Vacancies among candidates filled by 662

Vacancies, how filled 662

National committeemen:

Duties 663

Elected by state committee 663

One man and one woman to be 663

Term of office 663

When selected — 663

Presidential electors and delegates to national political conventions —
See those titles.

State committeemen:

Chairman selected by candidates and committeemen 666

Elected by county committee 662

CONDUCTING ELECTIONS ----- —.688-7 1 4

CONGRESS, MEMBERS OF, ELECTIONS AND VACANCIES 824-828

CONGRESSIONAL DISTRICTS - 4 8

CONSTITUTION:

Convention to revise, members, qualifications, meeting,

election Art. XIX, Sec. 8 page 14

How amended or revised, necessity for election Art. XIX, Sec. 8, page 14

Ballot, use of separate prohibited 1 03

How placed on official ballot 103

Publication of proposed, cost how paid 531.1

United States, method of ratification — See "Conventions to Ratify Proposed

Amendments to Constitution of the United States" 829.1-829.11

CONTESTING ELECTIONS' — See "Recount of Votes" 828.1-829.11

CONVENTIONS TO RATIFY PROPOSED AMENDMENTS TO CONSTITUTION OF

THE UNITED STATES: 829.1-829.1 1

Ballot, form and contents 829.5

Cetrificate of result, preparation and transmittal 829.9

Delegates:

Apportionment to counties 829.2

Compensation of — _ 829.8

Elected when 829.2

Election results determined how 829.4

General laws apply in election of 829.2

Nomination by petition, specifications _. 829.3

Number chosen 829.2

Quorum, officers, procedure, qualifications 829.7

Time of meeting 829.6

Federal Acts supercede state laws when 829.11

Officers, election of and compensation _ 829.7-829.8

Petitions, signers, qualifications 829.10

Procedure when federal laws are followed in 829.11

When convention must be held 829.1

242 INDEX

CORRUPT PRACTICES ACT:

Actions to contest elections for violations of

Advancement on docket - 1081 7

Bond required, requisites of - .10813

Citation by court to contestee 10813

Complaint (See petition, below)
Corporations, proceedings against

Jurisdiction of actions — 1 08 1 5

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 1 08 1 7

Forfeiture of nomination or office

Acts justifying _ 1 0804

Defenses in actions for _ — 10803

Disqualification from public office as result of :. 10807

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 declared

elected 10809

Ineligibility of candidate 1 08 1 0

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 10814

Vacating office for 10814

Jurisdiction of 1 0806

Jury when called in 10814

Parties to 10814

Petition in

Amendment of, by leave of court 10813

Contents of 1 08 1 3

Form of 1 08 1 8

Notice of to contestee ....10813

Verification of, required 1 08 1 8

Time of commencing 1 0805

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 10797

Betting on results of election constitutes corrupt practice 10794

Campaignings on election day prohibited 10799

Campaign expenditures

Account of

Certified copies may be issued of ...10782

Entry in name of other than actual giver, prohibited 10783

Failure to file

Complaint for, concerning 10779

Prosecution for __ 10780

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

Public record, becomes 10782

Required when _ 1 0777

Candidate, by

Statement of expenses
Failure to file

Certificate of election to be withheld for 10801

Name of candidate not to be printed on ballot for 10801

Penalty for 1 0776

Form of 10819

INDEX 243

CORRUPT PRACTICES ACT: — (Continued)

Contributions to mvan

Corporations and certain others, by, prohibited 10790

Holder of elective office, by, prohibited 10785

Public officers prohibited from making 10785

Undisclosed persons, by, prohibited 10783

Copies of Act, relating to, furnished to whom 10778

Limitations on

Candidate by

Election, in campaign for -— — 10774

Nomination, in campaign for _ - 10773

Political parties, by — - 10774

Persons other than candidates, statement of expenses to be filed by 10777

Statement of receipts, concerning - - 10779

Vouchers for, when required — ...10777

Candidate

Acceptance of consideration to become, unlawful

Injunctive remedy allowed, when 10802

Penalty for _ 10802

Advertising by, regulations concerning _ 10798

Appointment of other persons, promise of, prohibited 10784

Betting on results of election constitutes corrupt practice 10794

Contributions and subscription by, prohibited 10789

Copies of Act to be furnished to 10778

Defined __ 10775

Demands and solicitations from, when prohibited 10789

Election not affected by offenses, when 10803

Expenditure by, limitations on

Election, in campaign for 10774

Nomination, in campaign for 10773

Illegal motive or inducement to become, remedy for, penalty for 10802

Inducing person to be, by soliciting reward, prohibited 10788

Promise to appoint other persons, prohibited 10784

Public officers not to be solicited for campaign contributions 10785

Statement of expenses

Failure to file

Certificate of election to be withheld for 10801

Name of candidate not to be printed on ballot, for 10801

Penalty for 1 0776

Form of 1 08 1 9

Verification of 1 08 1 9

Treating by, prohibited, acts constituting 10791

Wagering on results of election constitutes corrupt practice 10794

Challenging voters
Grounds for

Betting or wagering as 10794

Treat, accepting of, as 10791

Procedure for 10792

Church officials, influencing voters prohibited . ... . 10793

Compensating voter for loss occasioned by election prohibited 10797

Contest of electoins (See actions to contest elections for violations of, above)
"Contribute" defined 10775

Contributions

Corporations and certain others, by, prohibited 10790

Holder of elective office, by, prohibited 10785

Undisclosed persons by, prohibited .. 10783

Convention credentials, transfer of, prohibited 10787

Copies of Act to be furnished candidates 10778

Corporations influencing voters prohibited 10793

Corrupt practice, defined __ 10796

County Attorney, penalty for refusal or neglect to act 10808

Defenses to actions brought under the Act 10803

Disqualification of persons convicted under - . 10807

District Court to have exclusive jurisdiction for violation of _= 10781

Election day, campaigning on, prohibited __-____. . 10799

Election not affected by offenses, when .- 10803

Electors (See Voters, below)

Enumeration of acts constituting violation of _ .._. — — . 10796

. "Expend" defined — ;-— - = — 1 0775

. "Give" defined ,-.—.=-- - -- - 10775

Illegal influence on voters, acts constituting, punishment for . 10793

Letters, circulars and placards, regulations concerning 10800

Newspapers and periodicals

Editorials, payments to induce, penalty for 10798

Regulations concerning paid advertisements 10798

Nomination not affected by offenses, when 10803

Paying for personal services connected with election prohibited 10797

Personation of voter, unlawful 10795

"Persons" defined - — — ' 0775

"Political agent" defined 1 0775

244 INDEX

CORRUPT PRACTICES ACT: — (Continued)
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 1 0775

"Receive" defined 1 0775

"Solicit" defined 1 0775

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 1 0795-6

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 1 0796

Undue influencing of, unlawful _ 10796

Voting more than once, unlawful 10795

Wagering on results of election constitutes corrupt practice 10794

COUNTIES:

Abandonment of:

Ballot, form of Sec. 7, page 150

Canvass of election returns, transmittal of.

Governor's proclamation Sec. 8, page 1 50

Determined by election results ...Sec. 9, page 151

Election:

Close of registration _ ...Sec. 6, page 150

Ordered by County Commissioners ...Sec. 3, page 147

Proclamation by Commissioners, notices Sec. 6, page 150

Or consolidation only on vote of electors Art. XVI, Sec. 8, page 14

Petition:

For attachment of part of county Sec. 3, page 148

For election:

Contents and number of signers Sec. 2, page 147

Duty of County Clerk, additional help Sec. 2, page 147

Notice and hearing on Sec. 3, page 147

Signers may not withdraw Sec. 2, page 147

Sec. 3, page 143

Sufficiency of determined by County Commissioners Sec. 7, page 148

Questions to be submitted Sec. 7, page 150

Resolution by County Commissioners, and form of, signing of,

transmission of certified copies Sec. 4, pages 148-149

Special election, calling of, questions submitted, date, filing

proclamation and copies Sec. 5, page 149

Termination of county offices Sec. 9, page 151

Creation of new:

Basis of taxation upon .4391

Board of County Commissioners to be elected .4396.2

By petition and election — 4390-4407

Change of boundaries of election precincts 4394

Cities and towns eligible for county seat 4392

Debts and assets pro-rated 4390

Division into township, road and school districts 4394

Duty of commisioners when findings justify 4394

Effect of adverse vote _ 4395

Election 4394

Judicial district 4396

Law terms defined 4391

Measures to be taken after election 4395

Minimum area and valuation .4390

Misdemeanor and malfeasance in office 4406

Officers 4395, 4396

Petition for, affidavits, notice, hearing _ 4393

INDEX 245

COUNTIES:— (Continued)

Publication by posting of notice 4404

Repealing and saving clause 4407

State Senator and Members of House of 4405

State Senator to be elected ...4396.1

Temporary county seat 4394

New:

Commissioner districts established how Art. XVI, Sec. 4 page 12

Entitled to one Senator Art. VI, Sec. 4, oage 7

COUNTY:

Assignment of commisioners to districts, method of ....Art. XVI, Sec. 4, page 12

Attorney:

Election of, qualifications, term, compensation fixed

and paid how, duties by law Art. VIII, Sec. 19, page 9

Vacancy how filled, term Art. VIII, Sec. 34, page 10

Bond elections called only on petition by qualified electors 1252-53

Bond limit, term, form .1262.14

Bonds and Warrants:

Canvass of election returns 4630.14

Election:

Ballots 4630. 1 1

Calling 4630.9

Conduct of 4630.11

Hours ___ ___ 4630. 1 0

Notice of .__. _ 4630. 1 0

Officers _____ ....4630. 1 0

Qualification of electors 4630.12

Percentage of electors required to authorize 4630.13

Petition:

And election required when 4630.7

Consideration of _ 4630.9

Form, contents and proof of 4630.8

Resolution by commissioners ..... ____ ____ ____ ...4630.14

Borrowing:

Ballots: __ 4720

Form and voting of ___ 4722

Determination of amount necessary 4718

Election necessary when ____ ____ 471 7

Notice of election 4719

When loan to be made 4721

Bridge construction:

Bond issue and tax levy for 4713-4716

Election to authorize 4714-4716

Commissioner districts:

Boundaries of and how changed, limitations Art. XVI, Sec.4, page 12

Created how, numbering, and boundaries of Art. XVI, Sec. 4, page 12

Commissioners:

Election of, number, term Art. XVI, Sec. 4, page 12

Powers relative to elections 4465.2, 4515, 4516

Residence requirements Art. XVI, Sec. 4, page 13

Selection of District Art. XVI, Sec.4, page 13

Term of office not to be affected by boundary

changes Art. XVI, Sec.4, page 12

Vacancy, how filled _..._ Art. XVI, Sec. 4, page 13

Consolidated government with cities 5520.1-5520.5,

5520.1 7-5520.3 1!
5520.90-5520.101

Finances, bonds and warrants, election procedure 4630.7-4630.14

Financing, question of raising money to be submitted to vote . 4717-4722

Government:

See "Government of Counties" 4723-4730

Power of Legislature to provide, abolish, consolidate;

election when Art. XVI, Sec. 7, page 13

Indebtednes, limit on, election when Art. XIII, Sec. 5, page 1 1

Manager form of government: Chap. 374, page 158

Authorized ..4954.1

Method of adoption 4954.2

Recall of commissioners _.__ 4954.23

Officers:

Listed, term _____ _ _____ .Art, XVI, Sec. 5, page 13

Other may be provided by Legislature Art. XVI, Sec. 6, pagel3

Vacancies, how filled, term Art. XVI, Sec. 5, page 13

Offices, consolidation of and combining duties, powers

of commissioners, procedure ____Art. XVI, Sec. 5, page 13

Publication of questions to be submitted to voters of 538

Seat:

Location of, procedure ___ .4378-4389

246 INDEX

COUNTY — (Continued)
Seat — (Continued)
Removal of:

By Legislature forbidden Art. XVI, Sec. 2, page 12

Only on vote of electors Art. XVI, Sec. 2, page 12

Period of submission of question for Art. XVI, Sec. 2, page 12

Procedure . 4369-4377

Special laws forbidden Art. V, Sec. 26, page 6

DELEGATES TO NATIONAL CONVENTIONS:

County Central Committee:

Duty of chairman 673.3

Proceedings when there is no - - — - 673.3

County conventions:

Called how - 673.3

Composition of _ 673.3

County chairman to preside at 673.4

Delegates, number to state convention — 673.5

Election certificates, issuance of 673.5

Election of delegates and alternates to state convention 673.5

Organization of - 673.5

Proxies recognized only when 673.4

Secretary of, how selected 673.5

Vacancies filled when and how 673.4

When held .._ 673.3

Who entitled to sit in 673.4

Exclusive method of electing 673.2

Political party defined 673. 1

Precinct committeeman, selection of 673.2

Selection of county and state chairman 673.2

State conventions:

Absent members, how vote cast - — 673./

Call:

By chairman 673.7

Copy to county chairman .673.7

Publication of 673.7

Certificates of eelction — 673.7

Conduct under party rules subject to state law 673.7

Expenses fixed and paid how 673.8

Purpose and duties — 673.6

Time for holding 673.6

Where held 673.6

Who are entitled to sit in — 673.7

DESTRUCTION OF ELECTION RECORDS, AUTHORIZED WHEN AND HOW 646

DIRECT PRIMARY — See "Nomination of Candidates by Direct Vote."

DISTRICT COURTS:

Clerk of:

Election of, term, duties, compensation fixed

by law Art. VIII, Sec. 18, page 9

Vacancy how filled, term _ Art, VIII, Sec. 34, page 10

Districts defined, election of judges, number of, vacancies . .. 8812-8820

Judges of; number, election of, term Art. VIII, Sec. 12, page 9

Vacancies in office of how filled, term __ Art. VIII, Sec. 34, page 10

Judicial districts . Art. VIII, Sec. 12-13, page 9

DISTRICTS, SENATORIAL AND REPRESENTATIVE, DIVIDED

HOW Art. V, Sec. 4, page 6

ELECTION:

Certificates — See "Certificates of Election."

Commissions: by Governor; by Secretary of State when, 805

Defined 582

Fruads and offenses — (See also Corrupt Practices Act) 10747-10772

Aiders and abettors in, penalty for 10756

Attendance of electors at polls, penalty for procuring 10761

Ballot:

Depositing of, without official stamp, penalty for „ ...10759

Disclosing contents of, after marking, penalty for ...10760

Disclosing contents of, by election officers, penalty for ... 10753

Failure to return, penalty for ...10760

Marking for identification, penalty for 10760

Marking of, by election officers to ascertain contents, penalty for .10753

Official indorsement falsely made on, penalty for _ 10758

Opening of folded ballot by election officer, penalty for _. 10753

Persons destroying or attempting to destroy, penalty 10749

Receiving of, from other than election judge, penalty for 10760

Soliciting elector to disclose, penalty for — 10760

INDEX 247

ELECTION: — (Continued)

Frauds and Offenses: — (Continued)
Ballot: — (Continued)

Taking from polling-place before polls close, penalty for 10760

Voting of unofficial ballot, penalty for 10760

Ballot-box, destroying or attempting to destroy, felony 10749

Betting on election constitutes misdemeanor _ 10767

Bribery, enumeration of offenses constituting 667, 10764, 10769

Bribery of electors at municipal elections under commission form 5379
Bribery of electors at municipal elections under commission-manager form 54^8
Candidate:

Agreement to appoint or procure appointment of a person to

office, when unlawful 10762

Appointment to office as compensation for vote or aid:

Communicating offer of, penalty for 10763

Promising of, penalty for 10762

Corrupt practice by, constitutes void election 1 0772

Furnishing entertainment by, when unlawful . 10761

List of, penalty for destruction of 10760

Spending money by, when unlawful 10761

Check-lists:

Changing or destroying, by election officer constitutes felony 10752

Persons destroying or attempting to destroy, penalty 10749

Electioneering on election day:

Election officers, by, penalty for ..10759

Polling-place, at, penalty for 10760

Electors:

Assembly of:

Disturbing of, penalty for 10766

Hindering or preventing, penalty for 10765

Illegal influence on, penalty for use of 10757

Employers illegally influencing employees, penalty for 10770

Entertainment to promote election, penalty for furnishing ...10761

Fines from, paid to common school fund .10771

Forgery of nomination papers 669

Municipal offices under commission form 5427

Nomination certificate:

Destruction of, penalty for 10758

Filing falsely, penalty for 10758

Making falsely, penalty for __ 10758

Suppression of, penalty for 10758

Nomination papers, forgery of 669

Officers:

Electioneering on election day, by, penalty for 10759

Illegal influence used on voters, by, penalty for . ...10757

Interference with, constitutes felony ... .. 10749

Violation of election laws and duties by, penalty for .. 10747, 10752,

10753
Penalty where not otherwise provided 10747

Poll-lists:

Changing or destroying, by election officer, constitutes felony 10752

Persons destroying or attempting to destroy, penalty 10749

Polling-place:

Electioneering on election day at, penalty for 10760

Obstructing entries to, penalty for ... .. _ .... . .10760

Suoolies or conveniences, removal or destruction of, penalty for 1 0760

Taking ballot from, before closing of polls, penalty for 10760

Primary nominating election, misconduct of officers at 658

Promoting election, penalty for expending money or property for 10761

Prosecution of ...1 0780

Public meeting, assembly for:

Disturbing of, penalty for 10766

Hindering or preventing, penalty for ...10765

Registration:

Attemot to register:

More than once, a misdemeanor 10750

Unauthorized person, by, a misdemeanor 10750

Fraud in:

Cancellation of registration for 10748

Penalty for 10748

Procuring illegal, a misdemeanor ...10751

Returns:

Altering of, penalty for 10755

Counterfeiting of, penalty for 10754

Falsifying of, penalty for 10754

Forging of, penalty for 10754

Persons detaining or destroying, penalty 10749

Supplies or conveniences, removal or destruction of, penalty for 10760

248 INDEX

ELECTION: — (Continued)

Frauds and Offenses: — (Continued)

Violation of election laws, penalty for, generally _ —.10768

Void election, corrupt practice by candidate constitutes 10772

Voters:

Disturbing assembly of, penalty for 10766

Illegal influence on, penalty for use of _ .10757

Persons interfering with, constitutes felony 10749

Voting:

Attempt to vote:

More than once, a misdemeanor ....10750

Unauthorized person, by, a misdemeanor 10750

Ballot, unofficial, penalty for 10760

Changing result of:

General prohibition against, penalty for violation of 10755

Officers, by, constitutes felony 10752

Fraud in, constitutes felony 10749

Illegal influence in, penalty for use of 10757

Instruction cards, penalty for destroying 10760

More than once, a misdemeanor _ ..10750

Procuring illegal, a misdemeanor 10751

Wager on elections constitutes misdemeanor ...10767

Laws, duty of Secretary of State to print 807

Place of holding in precinct ,how fixed 550, 55 1

Precincts — See also "Precincts."

Establishment of 545

Power of County Commissioners to establish, change, abolish ...4465.2

Proclamations:

By County Commissioners - 536

Contents of Governor's 534

Governor's 533

Publication and posting by County Commissioners 535

Returns:

Ascertaining the vote cast and persons voted for 778

Ballots:

Destruction authorized when in excess of names on check list,

record of action 776

Disposition of rejected 779

Disposition of voted _ 779

What must be counted or rejected 777

Canvass of:

Abstract where members of House of Representatives elected
from two or more counties, transmittal of abstract, duties

of respective County Clerks _ -... — — 798

Action of board when polls not opened in precinct 792

Begins when - - 790, 792

Board of County Canvassers:

County Clerk is secretary - — 791

Duty to declare result, procedure on tie vote 796

Members, meets when - 790

Vacancies filled how _ - — 791

Books, papers, retention by County Clerk 789

By judges to be public and without adjournment — 774

Certificate of election issued by Clerk — — - — 797

Declaration of result - — - — 796

Entry of result, detailed 794

Irregularity in returns not to cause rejection 798

Mode of -- - 775

Messenger for county returns when — 792

Messengers compensation, paid how, rate ..- 792

Plurality fo elect — - - — 795

Postponement when - 792

Recount before Judge on tie vote 796

Retention of returns pending outcome of contest — 787

Tie vote procedure — 796

To be in public - - 798

Custody of precinct - - 784

Defect in form not to vitiate 806

Disposition of prior to canvass by County Board 788

Filing and retention of precinct - 786

Forms for transmission of — - - 608

Judges returns, how reported — -- 782

Messenger authorized when, expenses, date when sent, duties 804

Poll books:

Entries 778

Signing and certification of 781

Posting and mailing of -- — 610

Power of County Commissioners to canvass ....4465.2

Precinct returns,, delivery to County Clerk how — 785

Returned by judges of — - 576

INDEX 249

ELECTION:— (Continued)

Returns: — (Continued)

State returns, how made and transmitted 80), 802

State canvassers, composition, meeting __ 803

Tally sheets, keeping of 778

Rewards, offer of . 534

Supplies:

Clerk to deliver to judges 603

County Commissioners to provide appliances and ...4515

Furnished by Board of County Commissioners 602, 4515

Poll books, County Commissioners to supply 598

ELECTIONS:

See also "Initiative and Referendum" 99-106

Conduct of, special laws forbidden Art. V, Sec. 26, page 6

Duty of County Commissioners relative to 4465.2

Power of Legislature to pass laws to secure purity of Art. IX, Sec. 9, page 1 1

Separate for school officers Art. XI, Sec. 10, page 11

Special, purpose and calling _ 532

'Time of holding general 531

To be by ballot Art. IX, Sec. 1, page 10, 539

ELECTOR:

Defined 581

Exempt from military duty . 542

Not required to perform military duty, when Art. IX, Sec. 5, page 10

Privileged from arrest 54 1

Privileged from arrest except when ....Art. IX, Sec. 4, page 1 0

EXECUTIVE DEPARTMENT, OFFICERS CONSTITUTING, TERM, DUTIES,

RESIDENCE — ..Art. VII, Sec. 1, page 7

EXECUTIVE OFFICERS:

Election of, procedure on tie vote, returns, contested Art. VII, Sec. 2, page 8

Qualifications Art. VII, Sec. 3, page 8

FIRE DISTRICTS, bonding in unincorporated towns, procedure and election .5149-51 50

FREEHOLDERS AFFIDAVIT, form of 576

GOVERNMENT:

County Manager form of Chap. 374, page 1 58

Municipal, Legislature may provide plan of Art. XVI, Sec. 7, page 13

GOVERNMENT OF COUNTIES: — .4723-4730

County and other officers, elected when, term of office 4728

County Commissioners, election and term 4729

County office, general qualifications for 4723

County officers listed — 4725

District and Township offices, general qualifications for 4724

District udges, election and term 4730

Justices of the Peace, election and term _ 4730

Township officers .4726

HIGHWAYS OR ROADS, Legislature not to enact special

laws for - Art- v' Sec- 26- Paae 6

INDEBTEDNESS: See also County Bonds and Warrants; County Borrowing;
County Finances; Cities and Towns.
Public:

Election when - Art. XIII, Sec. 5,6, page 11

Limitation on city, town, school district, election,

when — Art- XIII, Sec. 6, page 1 1

Limitation upon county Art. XIII, Sec. 5, page 1 1

Qualification of persons voting on questions to create Art. IX, Sec. 2, page 10

Relinquishment of forbidden — -Art. V, Sec. 26, page 7

IDIOT OR INSANE, excluded as elector -— 543

INITIATIVE AND REFERENDUM: See also "Cities and Towns" 5058-5068

Ballot, form of determined how - 104

Basis of number of petitioners ..Art. V, Sec. 1, page 6

Canvass of votes and submission on abstracts 106

Certificate of County Clerk:

Form of - — 101

Prima facie evidence — 101

Compensation of County Clerk 1 05

County Clerk:

Duties to distribute measures - 1 05

Duty of, in certifying signatures 101

Counting of signatures 101

250 INDEX

INITIATIVE AND REFERENDUM: — (Continued)

Distribution of measures 105

Elections upon, held when Art. V, Sec. 1 , page 5

False signatures — — 1 07

Forms not mandatory - 101

Initiative:

Contents of petition - Art. V, Sec. 1 , page 5

Enacting clause Art. V, Sec. 1, page 6

Filed when — Art. V, Sec. 1 , page 5

Form of petition '00

Number voters reguired to propose measure Art. V, Sec. 1 , page 5

Law proposed, how printed -.: — '05

Legislative member not excluded from introducing any

measure Art. V, Sec. 1, page 6

Measures:

Certification and numbering of _ — ,- 1 03

Initiative, how designated 1 03

Notary's certification of signatures, form of - 101

Notice to Governor of filing of petitions 102

Number of proposed measures to be printed 105

Penalties — 107

Petitions:

County Clerk may hold how long 101

May be filed in numbered sections 100

Printing of measures 105

Proclamation of the Governor, contents, publication of _ ...102, 106

Proposal of laws by the people and exception Art. V, Sec. 1, page 5

Referendum:

Form of petition for _ — 99

Number voters reguired to order .Art. V, Seel, page 5

Power of people to reject laws and exception Art. V, Seel, page 5

Time when filed Art. V, Sec. 1 , page 5

Referred bills not effective until approved 108

Referred measures in effect how long Art. V, Sec. 1 , page 5

Secretary of State, duties of _ 101, 105

Signatures, verification of by County Clerk 101

State Purchasing Agent, duties of 105

Submission of under guidance of general laws and

the act . _ Art. V, Sec. 1, page 6

Time for printing and distribution of 1 05

Title and text to be attached to each sheet of petition 101

Title to be used, length of, simialrity forbidden 103

Titles and numbers, duty of County Clerk in printing on ballot 103

Veto pwer of Governor not to extend to Art. V, Sec. 1, page 5

Voting, manner of 104

Who may petition 1 07

INSTRUCTION CARDS:

Contents of — 607

County Clerk to prepare and deliver to judges 607

Posting of by judges _ 607

JUDGES — See also "Voting Machines — Conduct of Elections" 761-763

JUDGES AND CLERKS OF ELECTION:

Compensation of . — 591

Duty of clerk to give notice of appointment 592

Oath reguired, authority to administer 596

Oaths, authority to administer during election 597

JUDGES OF ELECTION:

Duties 587

How appointed 587

How chosen as to political party 590

Number appointed in new precincts — 589

Number of _ 587

Number to be appointed __ 588

Party restrictions 590

Power of County Commissioners to appoint 4465.2

To post notice of election, when and where 595

To serve until successor is appointed 593

Vacancies, how filled _ _ 593

Vacancy, for refusal to serve, how filled 592

JUDGES OF THE SUPREME AND DISTRICT COURTS:

Candidate's name not to appear on judicial ballot unless successful

at primary 812.9

Election of, term, number of Art. VIII, Sec. 6-8, page 8

General laws applicable when 812.15

Method of nomination and election _ 812.1-812.15

INDEX 251

JUDGES OF THE SUPREME AND DISTRICT COURTS: — (Continued)
Nomination of:

Arrangement and certification of names for the ballot 812.5

Ballot:

How designated -. 812.7

Preparation and distribution of 812.6

Stubs, how disposed of 812.8

Counting and canvassing of ballots 812.8

General laws in nomination and election apply 812.2

Nominated how 812.2

Petition:

Form, contents, filing, fees 812.3

Not to contain name of political party or declaration of principles 812.3

Register 8 1 2. 1 4

Voting of ballots ._ 812.7

Nominations, placing names on ballot 812.9

Nominees:

Number of fixed 8 1 2.9

Who are .81 2.9

Political party not to endorse candidates for office of 812.13

Qualifications to be Art. VIII, Sec. 10, page 9

Repealing clause _ 8 12.15

Tie vote, decided how 812.10

Vacancies among nominees after nominations and before general

election, how filled 812.1 1

Vacancies in office, how filled, term Art. VIII, Sec. 34, page 10

Voting machines, arranegment of ballot in primary and general elections ...81 2.14

JUSTICES AND POLICE COURTS, number of, terms, vacancies 8833, 8837-8

JUSTICES OF THE PEACE:

Number elected, term, jurisdiction Art. VIII, Sec. 20, page 9

Vacancies, how filled, term Art. VIII, Sec. 34, page 10

LAND OR NAVAL FORCE MEMBERS — See "Registration of Electors"; "Voting
by Absent Electors."

LAWS:

Duty of Secretary of State to print 807

Local or special forbidden Art. V, Sec. 26, page 6

Proposal of by people — See "Initiative and Referendum" ...Art. V, Sec. 1, page 5

LEGISLATIVE ASSEMBLY:

Legislative authority vested in Art. V, Sec. 1, page 5

Number constituting Art. V, Sec. 4, page 6

Vacancies in, how filled .Art. V, Sec. 45, page 7

LEGISLATORS:

Qualifications of Art. V, Sec. 3, page 6

Senators, division into classes Art. V, Sec. 4, page 6

Term for which elected Art. V, Sec. 2, page 6

Term of office', determined how for First Session Art. V, Sec. 4, page 6

LIBRARIES, free public, establishment of. Tax Levy, Election Required 5049-5051

LIQUORS, Local option question determined by election, procedure .281 5.96-281 5.1 03

and Chap. 84, Laws 1937, page 131, 132

MILITARY DUTY:

Elector not required to perform, when Art. IX, Sec. 5, page 10

Electors exempt from _ ____ 542

MILITARY OR NAVAL SERVICE, restoration of registration when 565

NATIONAL COMMITTEEMEN AND COMMITTEE WOMEN — See "Delegates

to National Conventions" 673. 1—673.8

NATIONAL POLITICAL CONVENTIONS — See "Presidential Electors and

Delegates to National Conventions." . 673.1-673.8

NATURALIZATION CERTIFICATES:

Presentation of and action upon; procedure when lost 575

Affidavit of lost .554, Sec. 2, page 38

Exhibit at precinct when 559

NOMINATION OF CANDIDATES:

By Convention or Primary Meeting __ 612-618.1

By petition, procedure 615

Certificates, filed when, where _ _ 618

Certificates not to contain certain things _ _ __ __ 616

Certificates of, contents, how executed, delivery of 613

Certificates, open to public inspection 617

252 INDEX

NOMINATION OF CANDIDATES: — (Continued)

Certificates to be preserved how long 617

Certificates, where filed _ 614

Certification of name and description of nominee 619

Certification of names of persons nominated to fill a vacancy _ 621

Challenges, oath, penalty 627

Clerk, appointment and duties 626

Convention, defined - 612

Counting of votes and certifying result thereof 625

Declination of nomination, result 620

Errors, corrected how _ — — 622

Fees for filing certificates in 618.1

Fees to be paid regardless of method of nomination 618.1

Fraudulent voting or counting 628

Judges, qualifications, at caucus or primary, powers of and duties 625

One person not to be nominated for more than one office 616

Penalties __ 630

Primary: qualification to vote at 623

Unlawful interference _ _ 629

Vacancies, how filled 621

Vote, who entitled to _ 624

Voter: Qualification at primary 623

By Direct Vote: (The Direct Primary)

Arrangement and certification of names of candidates for the ballot 648, 649

Ballot boxes:

Opened only under order of court of when needed — 638

Seals on, not to be broken, except when _ 638

Ballots:

Arrangement of — 65 1

Blank, disposal of deposited blank 651

Colored sample, printed for — . 649

Counting of, method - — 636

County Clerk to have printed — 649

Form of _ - ----- 65 1

Manner of voting - — - 651

Names of candidates:

Arrangement of 649, 65 1

Rotation of — — — 65 1

Written in, how counted — - 651

Number furnished each precinct — 652

Party tickets, arrangement of — 651

Printing of - - - 65 1

Public record and how long preserved 646

Sample:

Cost of 652

County Clerk's order required for printing of 652

Political parties may order from Clerk 652

Preparation of - 6:>2

Specifications of 652

Separate for each party - 651

Size to be uniform — .— 651

Voting of - 651

Bribery of voters, penalty - 667

Candidates:

Certification of

County Clerk's duties concerning 649

Secretary of State to County Clerk — 648

Failing to receive nomination, name not to be printed on any

ballot, except 651

Names: Arrangement of, by County Clerk 649

Not to appear on more than one ticket 651

Platform for state to be formulated by — 666

Register of 645

Violation of election laws, penalty for: 665

Removal of office, when — 665

Canvassing:

Returns by counties:

County Clerk's duties concerning 654, 655

County Commissioners to serve when 654

Justices of the peace to assist 654

Secretary of State to receive abstract of votes 654

Separate sheets used when _ 654

Time for 654

Returns by State:

County Clerk duties concerning _ 655

Governor and State Treasurer to be present 655

Offices for which canvass made 655

INDEX 253

NOMINATION OF COUNTY CANDIDATES: — (Continued)
Secretary of State

Duties concerning 655

Sending for belated returns 657

Telegiapmc returns may be made 657

Time for 655

Votes 637

Certificate of nomination: Governor to issue 655

By County Clerk after contest decision 66 1
Certification of candidates names to County Clerk:

County Clerk's duties thereafter 649

Secretary of State has duty of 648

Telegraphic transmission allowed, when 648

Time for "*".. .... 648

Challenge of elector, administration of oath 584

Check list, to be furnished, precinct judge 650

Cities and towns: Authority of officers in elections in 634

Date for holding in 634

Duties of City Clerk in conduct of elections . . 634

Laws applicable 634

Primary not held when _.. " ~ 634

Clerk's compensation:

County Clerk to certify as to amount of _ 654

Payment out of county treasury on order of County Commissioners ... 654
Committeemen:

Ballots, name, place 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

Compensation for judges, clerks, certification by County Clerk

paid how 654

Construction of laws concerning __ 631

Contest of nominations (See also "Recount of Votes"), (Corrupt
Practices Act).

Hearing upon __ 660

How tried and decided 661

Notice of:

Service of _ 660

Time for giving __ __ 659

To whom given _ 659

Trial and decision 661

Date of holding _ _ 632

Designation of ticket in case of nomination by more than one party 651

Destruction of election records, when 646

Election: 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 designation on ballot 651

Fees for filing nomination petitions at 640

Forgery of nominaton papers, penalty 669

General laws applicable __ : "~ 670

Highest number of votes nominates .... _ " 654

Independent candidates, primary law not to prevent person from

running as 65 j

Judges compensation:

County Clerk to certify as to amount of 654

Payment out of county treasury on order of County Commissioners 654

Judges to be furnished with copy of official register and check list 650

254 INDEX

NOMINATION OF COUNTY CANDIDATES: — (Continued)

Minority parties may make nominations other than by 639

Municipal corporations:

Election not held in, when _ 634

How affected by laws concerning 634

New political party may make nominations, how 639

Nominations: Where nominated on more than one ticket - 651

Nominee is person receiving highest vote 654

Nominees: Certification of and notification to successful 654

Of qualified parties only to appear on ballot 639

Register of — 645

Notice of election: Form of — 633

Posted when _ 633

Official misconduct, penalty for 658

Operation and effect of laws concerning 63 1

Parties who may not nominate under 639

Party name: Independent and non-partisan candidates may not

use existing - '- 639

Right to use of reserved 639

Party nominations made only as provided in act governing __ 639

Penal laws applicable 668

Penalties, official misconduct 658, 665, 667

Petitions for nomination:
Filing of:

Fees for - 640

Time and place for 644

Where 640

Forgery of, penalty 669

Form of _ 64 1

Suppression of, penalty 669

Platform of party for state formulated how and by whom 666

Political parties:

Method of nominating exclusive __ 639

Nominations other than by direct vote, when allowed 639

Poll books:

Public record; how long preserved _ 646

Return to County Clerk, procedure for 633

Polls: Open and close when 633

Proclamation of nomination made by Governor _ 655

Public records of election:

Destruction of - - - 646

Registers of candidates and nominations to be 646

Time to be preserved 646

Writings, poll books, tally sheets, etc., are 646

Purpose of _ 632

Records, destruction of when and by whom 646

Register of candidates:

Entry upon of nominees — — 654

Public record, preserved how long _ 646

Requirement for keeping, contents of 645

Register, official for precinct judge 650

Returns, sealing and transmittal by judges 636

Returns — See "Canvassing" above

Rotation of names on ballot, method of 651

Supplies furnished by county _ 650

Suppression of nomination papers, penalty for _ 669

Tally sheets:

Certificate attached to - 637

Form of — — 637

Posting of, when properly filled out 637

Procedure for use of - - - 637

Public record and how long preserved 646

Return to County Clerk, procedure for 638

Tie vote, procedure in case of:

County office - 654

State office . - 655

To be known as "Primary Nominating election" 632

Vacancies, how filled — 647

Voting, manner of - - - — 651

"Written in" candidates, declaration of acceptance 640, 651

Fee to accompany 640

Name, how counted _ - _ 651

Time for filing _ 640

NON-PARTISAN ELECTION OF THE JUDICIARY __ _ 812.1-812.15

NOTICES OF ELECTION: Form of, and how distributed 594

Posted by judges - - 595

OATH: In Challenge proceedings 584

INDEX 2S5

OFFICE: Civil, age and citizenship, requirements to hold 410

Forfeiture of, when 585

Person qualified to vote is eligible for public Art. IX, Sec. 1 1 , page 1 1

Public: Citizenship and residence qualifications for appointment

or election to Art. IX, Sec. 11, page 11

OFFICERS: See also "Executive Officers" Art. VII, Sec. 1-3, pages 7-8

See also "Justice of the Supreme Court" Art. VIII, Page 8

Public: Legislature may provide for other Art. XVI, Sec. 6, r>age 13

PARTY PLATFORM: Formulation of _ 666

PENALTIES: For violation of laws _ 808

Judges and Clerks of election for failure or refusal to do duty . 61 1

Violation of registration laws 585

Voting violations __ 700

PLATFORM, formulation of party 666

POLITICAL PARTY: Defined .....673. 1

Platform, formulation of 666

Selection of county and state chairman of 673.2

POLL BOOKS: Compensation paid by city, school district for 571

Duty City Clerk or School District, Clerk to notify when not required 571

Entries in during voting 701

Form of _ 600

Kept in duplicate 600

None prepared when 568, 571

Omission of names from, remedy 579

Preparation and contents of 568

Primary: Public record and preserved how long 646

Return by judges 576

See also "Election Returns"

To be furnished by County Commissioners 598

Want of form not to vitiate 601

POLLING PLACES: See "Voting Machines — Conduct of Elections"

POLL LISTS: (See also "Voting Machines — Conduct of Elections") 763

Entry on of ballot stub number 695

Entry on of persons voting 705

POLLS: Open and close, when _ ....633, 689

Open and closed when, in elections upon questions of

indebtedness Chapter 2, page 209

PRECINCT RECORDS: Want of form not to vitiate 601

PRECINCT REGISTERS:

Copies of for public, charge for 572

Form of affidavit for free-holders __ 576

Name of voter must appear in 578

Return by judges of .— 576

Voter to sign — 576

PRECINCTS: Boundaries of - 545

Changing _ 546

Consolidation of, when voting machines used in _ 759

Designated how 546

Establishment of 545

Map by county surveyor of 548

Not to be changed during what period 546

Place for holding election in, how designated ..550, 551

PRIMARY NOMINATING ELECTION: See "Nomination of Candidates by Direct
Vote — The Direct Primary."

PRESIDENTIAL ELECTORS:

Ballot, form . 681

How arranged 681, 813

Instructions ____ 8 1 3

Canvass of votes, how made _ 814

Certificate of election to _.. 8 1 5

Certificates of nomination filed with Secretary of State 673.7

Compensation of 822

How audited and paid _ 823

Conventions:

County: Called by whom, publication 673.3

Certificates of election .673.5

Delegates, election of 673.5

256 INDEX

PRESIDENTIAL ELECTORS: — (Continued)
Conventions: — (Continued)

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 673.8

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

Duty of the Governor _ 815

Elected when 8 1 3

How chosen, duties _ - 81 3-823

List of, delivery ,by Governor to .". 8 1 5

List of persons voted for 820

Meeting of 8 1 6

Nominated how ...673.2

Number to be chosen 813

Political party, defined 673. 1

Separate ballots to be cast by 819

Transmittal of lists specified 820-821

Vacancies, how filled 817

Votes to be credited to 813

Voting of 8 1 8

PRIMARY: See "Nomination of Candidates — The Direct Primary."

PROCLAMATIONS: By Governor and County Commissioners 533-536

Governor's on nomination of candidates 655

QUALIFICATIONS AND PRIVILEGES OF ELECTORS 540

QUESTIONS SUBMITTED TO TAXPAYERS; qualification of women

to vote on .Art. IX, Sec. 12, page 11

RECORDS AND PAPERS: Destruction of the same, when 646

RECOUNT OF VOTES:

Calling in other judge, provision for . 828.3

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 828.4

Costs of

Applicant required to pay 828.4

Court to estimate and require deposit of ....828.4

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 in 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 828.3

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 828.1

Unsuccessful candidate may make 828.1

Determination of Court concerning 828.1

Limitation of recount to officers and precincts specified in . 828.5

Other Provisions Sec. 659 to 661,10810, 10814

Precincts in which ordered, Court to determine 828.4

Probable cause, election officers' failure to comply with counting

requirements in '. 828.2

Several applicants, procedure in case of 828.4

INDEX 257

REGISTRATION OF ELECTORS: (See also "Cities and Towns, 5009) . pages 24-39

Absent in Military Service Chapter 99, pages 37-39

Affidavit of electors, duty of Clerk Sec. 4, page 39

Application for War Registration card, duty of Clerk Sec. 3' page 39

Classification of cards Sec. 5, page 39

Entry on official register ; 1 Sec. 5, page 39

Penalties for violation Sec. 6, page 39

War registration cards, supplied by county: Form Sec. 2, page 38

Absent persons unable to appear personally before registrar, affidavit paqe 40

Action to compel 577

Acts constituting violation of laws, penalty 535

Affidavit of electors to prevent cancellation for failure to vote, required when 562

Applicant not qualified, procedure in 559

Cancellation for failure to vote, except those in military service, when 562

Cancellation of registry cards, notice when 570

Cancellation of registry cards, when " 570

Cancellation upon transfer of elector to other district 561

Card index _ _ __ " 55,

Challenges and action on " 573

Challenging of, oath __ ._ _ """ 5g4

Change of residence to another county, form and procedure 561

Close of, procedure _. ._ _ " c66

Compensation of county clerk for poll books .. 571

Deputy of county clerk, authority of " 5g0

During closed period " 569

"Election" defined ~~ c-o9

"Elector" defined |g.

Electors appearing on books prior to passage of act, procedure"" 558

Fee for registering electors residing at distance 556

Help furnished by County Commissioners ' rr/c.

Hours for ;?°°

Infirm ~ ~ ||°

Laws, power of legislature to pass _________ Art. DC. Sec 9 __ 1 I

List of furnished to the public ' ' P g %U

List of, supplementary " jjTy

Military service, affidavit of electors to prevent cancellation Tor~

failure to vote -.,_,

Naturalization, certificates presented to registrar, action "upon" " 57S

Naturalization certificates, procedure when lost S7S

Naturalization papers, affidavit of lost i^Z

Notice of close of, posting " — j?_?7

Penalty for false _ "" ~ — j?°°

Penalty for violation .. =J=~ coo

Penalties in general "' """ "" 'r^Z^ZTTPT ' ^

Poll Book: Omission of name, "remedy -Chapter 172. page 27

Preparation, contents and delivery of " %iZ

None prepared, when """" ;v;- j?°°

Precinct register books, voter to sign 0# rii

Precinct registers, copies of for public, charge ?7?

Precinct register, voter's name must appear in "~" S7R

PrnnVng« vi* SO?*9 "s _o1, ,.contents' time of. expense paid "how 567

Proof of identity required when „o

Questioning as to any previous _j„7

Register card index .... ~°'

Registrar: County Clerk as ~ _?„

Deputy: How appointed, fees, duties of "— r„

Notaries, Justices of the Peace are; fees " %%7

Registry book, form designated by Secretary of State " SS4

Registry card, form of - ™4

SeSg caS: SSSSSf-!? arrangement * *"-»** how": :;;;;;;; f |J

Re-registration permitted, when .. "~ " 5^

Re-registration procedure " "~ — 570

Residing at a distance _ __!_ — — 562

Residence, rules for determining ff*>

ReSt0prraotc°edu0re eleCt°rS ^ "cancelled" ^e when, affidcmts, " " ™ 5?4

Restoration of members in land or n^d~toi^Y~^h^ SeC' 2' PageJ?

Supplies furnished by county i°rces, wnen |65

Transfer of within county, form and "procedure"" " c!£

Who may register " " - - 560

-- 555

REPRESENTATIVE DISTRICTS Art. v. Sec. 4< page fi

Art. VI, Sec. 3, page 7
RESIDENCE:

No! ?«i.ned by mi!itaryv. service- when - — -Art. IX, Sec. 6, page 10

Not lost or gained when Art IY <?„„ V ~ \)y

Rules for determining ~ Alt K' 8*ft 3' P°ge57S

RIGHTS, Declaration of Art. m> Sec 2 pQge g

258 INDEX

RIGHTS OF SUFFRAGE _ _ — - .—Art. IX, Sec. 1-13, pages 10-11

SCHOOL DISTRICT OFFICERS:

Elections lor, shall be held separately _ Art. XI, Sec. 1 0, page 1 1

SCHOOL DISTRICTS:

Clerk to notify when poll books not required - 571

Indebtedness:

Limitation upon, election when Art. XIII, page 1 1

Poll books: paid lor by 571

Preparation and contents 568

Precinct registers, county clerk to supply, charge for 572

SCHOOLS:

Bonds of: - 1 224.8-1 224. 1 4

District: Ballots, preparation and form — 1224.11

Canvass of election returns — 1224.15

Election, conduct of — - - ' 224. 1 3

Form of notice for sale of — - 1224.16

List of electors 1 224. 1 2

Meeting of trustees to consider petition and election ..1224.10

Percentage of electors required to authorize 1224.14

Petition and election required for bond issue when 1224.3

Petition, form, contents and proof of 1224.9

Resolution for issue of _ 1224.15

Who entitled to vote 1224.12

Budget system: Submission to electors of question of extra levy ._ 1019.7

Common, Special laws forbidden ..Art. V, Sec. 26, page 6

County Superintendent; eligibility; qualifications, election

and term 950-950. 1 -95 1

Districts: Bond elections: Held only after petition by qualified electors ... 1252-1 253

Consolidated how; disposition of bonded indebtedness 1034

Elections relating to 931, 950, 950.1, 951

Extra taxation: 1 21 9-1 223

Election: Ballot, form and marking of .1222

Challenge; oath; false swearing 1223

Conduct of — - 1 222

Notice of _ 1 220

Purposes of levy; use of funds 1221

Submission of question 1219

Funds: Election for transfer of _ - 1210

High: Abolishment of County High: 1262.19-1262.25

Action Board of Commissioners when election favors __ 1262.24

Action when election favors _ 1262.25

Ballots 1262.23

Commissioners to submit question 1262.21

Further notice required 1262.23

Manner of holding election 1262.23

Petition to be filed 1262.20

Publication of notice 1 262.22

High: Bond issue: Duty of County Commissioners 1262.13

For county and district 1262.15

Limit, term, rate, form 1262.14

Submission of question to electors 1262.12

Joint Districts — Dissolution of 1 037. 1

Junior Colleges:

Approval of Superintendent of Public Instruction _ Chapter 158, page 128

Definition of terms Chapter 158, page 128

Election .Chapter 158, page 128

Establishment of upon approval of electors Chapter 158, page 128

Method of establishment Chapter 158, page 128

Junior High:

Approval of Superintendent of Public Instruction _ ..1262.46

Authority to establish when ..1262.45

Bond issue: Application and submission of question 1262.48

Election 1 262.49

Issuance of 1 262.5 1

Duty of Board if establishment is approved _ ...1262.50

How established where district high school is already established 1262.52

Petition 1262.46

Resolution of Board _ _ 1 262.4c

Submission of question .. 1262.47

Qualifications to hold office County Superintendent or

District office in _ Art. IX, Sec. 10, page 11

Selection of sites and construction _ 1173

Superintendent of Public Instruction: qualifications, election, term of office 931

Trustees: Challenges — oath of voters _ 1003

Clerk of, vacancy 1 000

Duties of _ 1 0 1 5

Election of: _ 987-996

INDEX 259

SCHOOLS: — (Continued)

Ballots and method of voting 995

Call of special -■ _ - 1014

Canvass of votes i 996

Conduct of 989-990

Districts of second and third class _ 983

Expenses 1 004

First class districts - _ -— 990

Hours of _ - .._ 993

Judges certificates - - 996

Judge of 994

Notice of _ 992

Poll and tally-list 996

Qualification of electors 1 002

Trustees to call _ 991

How removed 999

Nomination of : 988, 989

Number of 986

Oath of 997

Rearrangement of terms to prevent the election of a majority of 1001

Qualifications 985

Term of office 997

Vacancies: 997

How filled, term 998

SENATORIAL DISTRICTS: Art. V, Sec. 4, page 6

SMOKE NUISANCE: Abatement of: Bonds, election procedure 5292-5299

SUFFRAGE: Rights of Art. IX, Sec. 1013, pages 10-11

SUPREME COURT: (See "Judges of the Supreme Court," "Clerk of the Supreme Court")
Election of justices; number, term; computation of term; vacancies,

how filled 8790-8798

TALLY SHEETS: (See also "Election Returns — Canvass of") (Voting
Machines — conduct of elections).
Primary: preserved how long; a public record _ 646

TAXPAYER: Voter must be, when Art. IX, Sec. 2, page 10

TAXPAYERS: Qualification of women voters on questions

submitted to Art. IX, Sec. 12, page 11

Who are __ 544

TIE VOTE: Failure to elect: Certain County officers:

Appointment by Commissioners 810

County commissioners: Duty of District Judge 810

Judicial officers; duty of Secretary of State; appointment by the Governor 812

Representative in Congress; Duty of Secretary of State; of the Governor 809

State Executive Officers; duty of Secretary of State; legislative proceedings 8 1 0-8 1 1

Proceedings on 8 1 0

Special election called when 809

VOTE: Copying total cast for each candidate 609

Who entitled to - 624

VOTER: Challenge of 573

Must sign precinct book — 576

Qualifications of: 540, Art. IX, Sec. 2, page 10

At Primary 623

VOTING: (See also "Cities and Towns"! (Voting Machines — Conduct

of Elections" below) 76 1 -763

Affidavit of freeholders required when, form, 704

Announcement of voter's name in, 696, 700, 701

Authority of police at place of 693

Ballots: (See "Ballots")

Begins when ~ — 688

Booths; number furnished, equipment for 692

When not required 692

By Absent Electors: ..pages73-86

Absent from county or physically incapacitated:

Absent from county 715

Application: blank sent by county clerk 719

Form of 717

To Clerk for ballot when 716

To Clerk, action upon 718

Ballot: Disposition by Clerk of voted 722

Envelopes, opening and disposition of by judges 727

Not disclosed on election day or after delivery to judge 719

260 INDEX

VOTING:— (Continued) .,_,,- , top

Ballots: Clerk to send special delivery to judges - Ilh

Comparison of signatures _ - - 727

Delivery to judges — — - 723

Deposit in ballot box when - 727

Disposition -when rejected 727

Preservation of voted — — 727

Procedure where stub defective or detached — — 727

Rejected, how designated by judges, as "General Ballot" 727

Rejected, opened only by court __ - 727

Rejected, procedure 725

Separate envelopes for rejected - 727

Voted must be official - 724

Certificate and seal of authorized officer 721

Duty of elector if present on election day 734

False swearing 732

Machines: Elector may use under absent voter's law when 730

Mailing ballot, form of return and affidavit 720

Marking of ballot, affidavit, and mailing -•- 721

Method of voting before authorized officer _ 721

New ballot to elector when present at precinct, procedure 730

Opening and deposit of elector's ballot when present at

precinct on election day - 730

Opening of envelopes after deposit prohibited 731

Penalties for officer violation ._ - 732

Physical incapacity, physician's certificate 716

Physically incapacitated 715

Poll books, notation upon by judges from Clerk's certificate 725

Record of ballots by Clerk and certificate to judges 724

Removal of ballots by Clerk and certificate to judges 724

Sealing wax reguirement „ 721

Violation of law by elector or officer outside of state 735

Voter who returns to voting precinct on election day, procedure 729

Voting machines, use of printed ballots, canvass of votes — 733

Where elector present in county before election day 726

Absent in land or naval forces of the U. S.: - pages 80-86

Act: Effective when Sec. 24, page 86

Supplementary to general laws, except when Sec. 21, page 86

To be liberally construed Sec. 18, page 85

To be printed and forwarded to each elector Sec. 20, page 85

Ballots: Can not be counted when Sec. 16, page 85

Cast when Sec. 9, page 83

Disposition by County Clerk of voted Sec. 1 1 , page 84

Disposition by Secretary of State when received

on or after five days preceding day of general

election — - Sec. 12, page 84

Disposition of voted by Secretary of State Sec. 11, page 83

Endorsement on by County Clerk _ ._ Sec. 6, page 82

Forwarding to Secretary of State by County Clerk Sec. 6, page 82

Mailing of voted Sec. 8, page 83

May be marked before what officers Sec. 17, page 85

Printing of and time limit Sec. 5, page 81

Retention and counting of, when received after

close of election — Sec. 13, page 84

Sealed and retained by Secretary of State Sec. 19, page 85

Sending out by Secretary of State — Sec. 10, page 83

Voting of _ Sec. 8, page 83

Canvass: County Board of Canvassers convenes when,

duties of, final determination of _ _ Sec. 14, page 85

County Board meetings a continuation of regular

session Sec. 14, page 85

Duty State Board in preparing new and separate

statements after - Sec. 13, page 84

Final determination Sec. 13, page 84

Final result of determined and declaration as

to certificates of election Sec. 15, page 85

Of ballots by State Board and report of result to

County Clerk Sec. 12, page 84

Report to counties of counting of votes held by

State Treasurer Sec. 13, page 84

Statement of returns, not to be counted when Sec. 16, page 85

State Board: Canvassing of ballots deposited

with State Treasurer Sec. 12, page 84

Date of convening for counting of ballots

held by State Treasurer, duties Sec. 13, page 84

Meetings of, a continuation of regular session Sec. 13, page 84

Certification by telegram of candidates for general

election; time limit Sec. 4, page 81

Citizens to furnish information to complete register Sec. 3, page 81

Elector may mark ballot before whom Sec. 1 7, page 85

INDEX 261

VOTING: — (Continued)

Informality not to void election Sec. 1 8, page 85

List of qualified registered electors to be furnished by

County Clerk Sec. 2, page 81

Notification to County Clerk of number of registered

electors _ Sec. 6, page 82

Oath and statement signed by elector and before whom Sec. 8, page 83
Official envelopes, preparation and form of Sec. 7, page 82

Officers, public, to furnish information to complete

register „ Sec. 3, page 81

Penalties under act . Sec. 18, page 85

Persons authorized to administer oaths listed Sec. 17, page 85

Register: Blanks to be furnished County Clerk for

information to complete Sec. 3, page 81

Register: General, is a public record _ Sec. 3, page 81

Register: Information to be secured by Secretary of

State to complete _ Sec. 3, page 81

Register: Set up by Secretary of State, arrangement,

contents of —Sec. 3, page 81

Repealing clause _ Sec. 23, page 86

Severability of act _ Sec. 22, page 86

Unconstitutionality specifications Sec. 22, page 86

Who are qualified under the act for Sec. 1, page 80

By taxpayers on questions concerning creation of levy or debt -Chap. 44, page 107

Challenge procedure 706—7 1 4

Continues how long 688

Disabled elector may be aided by judges, when _ 699

Disability, declaration and oath in 699

Disclosure of favorite candidate to assisting judges forbidden in 699

Disposition of ballot after - 696

Electioneering on election day forbidden 693

Elector may vote only official ballot 693

Elector must sign precinct register before 704

Elector only permitted inside rail, except 693

Elector to leave guard rail after — 696

Expenses of providing plans for 694

Exhibiting voted ballot forbidden 693

Guard rail, how constructed 692

Highest legal vote elects _ Art. IX, Sec. 13, page 11

Identification of, when 578

Idiots, insane, prohibited from Art. IX, Sec. 8, page 1 1

Interference prohibited in _ 693

List of voters kept in 705

Manner of 700

Marking ballot must be in secret 692

Marking check list when ballot cast * 703

Marking of the ballot in 696

Marking precinct register when elector has voted 704

Method of 696

Obstruction of entries, doors, forbidden 693

Penalties for violation 700

Place, one person to occupy, when - 697

Place of, special laws forbidden Art. V, Sec. 26, page 6

Poll book entries on 701

Poll list to be kept in _ 705

Polls open and close when j. 689

Proclamation at opening and closing of 690, 691

Prohibited unless name in precinct register 578

Proof of identity required when 578

Qualifications for Art. IX, Sec. 2, page 10

Qualifications of electors 540

Reception of ballot by judges after 696

Residence, not lost or gained when .... Art. IX, Sec. 3, page 10

Solicitation to show voted ballot forbidden 693

Space protected by ropes 693

Spoiled ballot, procedure to secure another in 698

Time permitted voter in ;_ 697

Unofficial sample ballot prohibited in places of 696

Write in of name or pasting other name on abllot in . 696

VOTING MACHINES:

Approval expenses certified by State Auditor __ _ 757

Approved prior to laws of 1943 Chapter 19, Sec. 4, page 92

Compensation fixed for mechanic's services ._ 757

Conduct of Elections:

Assistance to voter authorized when 762

Ballot labels, how printed _ 763

Ballots furnished when _ 763

Ballots, furnished when machines prove defective 773

By use of 761

Candidate nominated by more than one political party, procedure 763

262 INDEX

>
VOTING MACHINES: — (Continued)

Conduct of Elections: — Continued

Candidates' titles printed how __ — 763

Certificate executed by judges before opening of election; after

closing of election 767

Cities and Towns:

Duty of election officials 764

Compensation of judges; paid how and when 761

Custodians duties _ - — — 76 1

Counting the votes - 766

Exhibition of machine before election in county clerk's office _ 763

Election laws applicable 768

Election returns 767

Instructions printed below candidates titles where more than

one candidate to be voted for 763

Instructions to judges - — 761

Irregular ballots __ — 765, 767

Judge shall not serve except when duly qualified 761

Judge to receive qualification certificate _ 761

Judges of election, namber of 761

Only person voting permitted within rail, except 76 1

Penalty for deception in assisting elector 762

Placement of machine to afford secrecy in — 761

Polling place and machine to be in full view of judges — 761

Poll lists, not used in 763

Presidential electors to be voted for with one device, procedure 763

Publication of diagram of machine instructions, statement of

location before election 763

Records destroyed, ■when - — 767

Registry lists, how prepared _ 763

Returns: Blanks how prepared 767

Room, how prepared for 761

Samples of printed matter to be furnished by Secretary of

State, when .-— . — 763

Supplies and printed matter to be furnished, listed requirements 763

Tally sheets, contents and disposition of - 767

Time limit for voting 761

Voting to be in secret 761

Consolidation of precincts for use of 759

Construction requirements of 758

Defective, ballot procedure authorized 773

Devices to be provided on - 758

Employment of mechanics to examine - 757

Examination and approval of by Secretary of State 757

Exhibit of machines to public after counting of votes 767

Expense of examination borne by vendor of 757

Experimental use of 773

Filing of report of Secretary of State on 757

General features required in _ 758

Judicial ballot, arrangement of when using ..812.14

List of approved to be furnished County Commissioners 757

Locking and sealing of 767

Notice of consolidation of precincts required for use of 759

Payment, how made for 760

Penalty: For official neglect of duty - 769

For tampering or injuring 770

For violation of duty by judge of election _ 771

Fraudulent returns or certificates 772

Period of approval before lawful use permitted of 757

Purchase authorized by election officials of approved 759

Quantity purchased limited to needs 759

Specifications required in 758

WARDS: Map and certification by city council of — 547, 549

May consist of more than one precinct 545

*/■

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VI