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Full text of "Election laws of the state of Montana, 1947"

324 2 _S^i ' "§t?(TE DOCUMENTS 

1947 
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ELECTION LAWS 

OF THE 

STATE OF MONTANA 



1947 




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Arranged and Compiled from Revised 

Codes of Montana of 1935, 

as Amended 



Published by 

Sam W. Mitchell, Secretary of State 

Helena, Montana 

June, 1947 







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MONTANA STATE UNIVERSITY 
LIBRARY 



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STATE Ot MONTANA 

1947 



Arranged and Compiled from Revised 

Codes of Montana of 1935, 

as Amended 



Published by 

Sam W. Mitchell, Secretary of State 

Helena, Montana 

June, 1947 



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ELECTION LAWS OF MONTANA 



TABLE OF CONTENTS 

Page 

Abandonment of Counties 157-162 

Abatement of Smoke Nuisance 190 

Absent Electors, Voting by 82 

Actions to Restrain Bond Issue — 230 

Additions to Cities and Towns - 172 

Airports, Establisliment of 227 

Apportionment of House Membership 16-17 

Ballots. Preparation and Form _ 70-77 

Beer Act Elections 138 

Bonding Fire Districts in Unincorporated Towns 183 

Boundaries, Alteration in Cities and Towns of 256 

Bridge Construction — Bond Issue and Tax Levy 166 

Canvass of Election Returns — Results and Certificates 99-102 

Cemetery Districts - 252-255 

Challenges 77-82 

Change of Classification of Cities and Towns 160 

Cities and Towns: 

Indebtedness of — Bonds 186 

Initiative and Referendum 178-182 

Officers and Elections 173-176 

Powers of City or Town Council to Transfer or Lease 

Municipal Property - 176 

Purposes for Which Indebtedness May Be Incurred 177 

Sanitary Districts in 259-264 

City and Cbuntj^ — Consolidated Government 216-226 

Classification and Organization of Cities and Towns 171-172 

Commission Form of Government for Cities 194-201 

Commission-Manager Plan of Government for Cities and Towns 201-216 

Conducting Elections 77-82 

Congressional Districts 17-18 

Constitutional Provisions 5-15 

Contesting Elections 108-1 11 

Conventions to Ratify Proposed Amendments to Constitution 

of the United States 111-113 

Corrupt Practices Act 236-252 

County Finances — Bonds and Warrants 163-166 

Countv Manager Form of Government _ 169-171 

Courts , 228-230 

Creation of New Counties by Petition and Election 147-157 

Direct Primary 54-69 

Disqualification and Restrictions Upon Residence of Officers 23 

Duty of County Commissioners Relative to Elections 162-163 

Election: 

Frauds and Offences 230-236 

Precincts : 25-26 

Returns 97-99 

Supplies 47-50 

Establishment of Airports by Counties, Cities or Towns 227-228 

Failure of Elections — Proceedings on Tie Vote 102-103 

Fixing Hours at Which Polls for Special Elections Shall Be 

Opened and Closed 227 

Free Public Libraries 178 

Government of Counties 1 68 

Indebtedness of Cities or Towns — Bonds 184-186 



KLKC'TION LAWS OF MONTANA 



TABLE OF CONTENTS — (Continued) 

Page 

Initiative and Referendum _ „... 18-23 

In Cities and Towns 178-182 

Irrigation Districts, Hours of Election in 228 

Judges and Clerks of Election 45-47 

Liquor Control Act 139-141 

Location of County Seats _ 143-147 

Members of Congress — Elections and Vacancies _ 107 

MuniciixU Contracts and Franchises •. 182 

Municipal Courts 182 

Nomination of Candidates for Special Elections by Convention 

of Primary Meeting or by Electors 50-54 

Xon-Partisan Nomination and Election of Judges of Supreme 

Court and District Court 103-106 

Polls 77-82 

Hours at Which Will Be Opened for Special Elections . 227 
Presidential Electors: 

And Delegates to National Conventions f)9-70 

How Chosen, Duties lOG-107 

Proclamations 23 

Publication of Questions Submitted to Popular Vote : 24 

Public Bridges — Bonds _ 137 

Qualifications and Privileges of Electors 25 

Question of Raising Money to Be Submitted to Vote 166 

Registration of Electors 26-40 

Absent Electors 44 

Absent Electors, Military Service.... _ 41-44 

Removal of County Seat 141-143 

Sanitary Districts. Cities and Towns 259-264 

School: 

District Bonds 127-132 

Districts: 

Budget System .. 121 

Consolidated Districts— Bonded Debts 122-123 

Dissolution of Joint 124 

Elections ..^ 114 

Funds . 125 

Trustees 115-121 

School House Sites 124 

Schools: 

Abolishment of County High :.. ._ 133 

Exti-a Taxation for 125-127 

High Code— Bond Issue „ 132 

Junior Colleges 136-137 

Junior High . 134-136 

State Debt- -Elections Upon ,.. 255 

Time of Holding Elections 23 

Voting 77-82 

Voting by Absent Electors 82 

Voting by Taxpayers on Questions Concerning the Creation of 

a Levy, Debt or Liability for or on the Fart of the State 113 

Voting Machines 89-97 



ELKCTION LAWS OK 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 Depai-tment 

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 referred to the people by the Legislative Assembly or by Initiative 
Referendum petitions. 



6 ELECTION LAWS OF MONTANA 

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 
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 
Representatives for the term of two years, except a.<^ 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 twentj^-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: F'or 
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- 



ELECTION LAWS OP MONTANA 7 

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 
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 tracts, or any special or 
exclusive privilege, immunity or franchise whatever; for the punish- 
ment of crimes; changing the names of persons or places: for the assess- 
ment 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, township or school districts; or 
authorizing the adoption or legitimation of children. In all other cases 
where a general law can be made applicable, no special law shall be 
enacted. 

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 occuring 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. 



8 ELECTION LAWS OF MONTANA 

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

ARTICLE VII 

Executive Department 

Section 1. The Executive Department shall consist of a Governor, 
Lieutenant-Governor, Secretary of State. Attorney General, State Treas- 
urer, State Auditor and Superintendent of Public Instruction, each of 
whom shall hold his office for four years, or until his successor is elect- 
ed and qualified, begining on the first Monday of Januarj^ next succeed- 
ing his election, except that the terms of office of those who are elected 
at the first election, shall begin when the state shall be admitted into 
the Union, and shall end on the First Monday of January, A. D. 1893. 
The officers of the Executive Department, excepting the Lieutenant- 
Governor, shall during their terms of office reside at the seat of gov- 
ernment, where they shall keep the public records, books and papers. 
They shall perform such duties as are prescribed in this Constitution 
and bj' 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 respectively, having the highest number of votes for the office 
voted for shall be elected; but if two or more shall have an equal and 
the highest number of votes for any one of said offices, the two houses 
of the Legislative Assembly, at its next regular session, shall forthwith 
by joint ballot, elect one of such persons for said office. The returns of 
election for the officers named in Section 1 shall be made in such man- 
ner as may be prescribed by law, and all contested elections of the same, 
other than provided for in this section, shall be determined as may be 
prescribed by law. 

Section 3. No person shall be eligible to the office of Governor, 
Lieutenant-Governor, or Superintendent of Public Instruction, unless he 
shall have attained the age of thirty years at the time of his election, 
nor to the office of Secretary of State, State Auditor, or State 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 pre- 
scribed, 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 (>. 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 Sui)reme Court, 
except as in this Constitution otherwise provided, shall l)e 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- 



ELECTION LAWS OF MONTANA 9 

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 eight 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 ninetj^-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 
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 nine-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 
jireceding his election. 

District Courts 
Section 12. The State shall be divided into Judicial Districts, in 
each of which there shall be elected by the electors thereof one Judge 
of the District Court, whose term of office shall be four years, 
except that the District Judges first elected shall hold their offices only 
until the general election in the year one thousand eight hundred nine- 
ty-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 bv law. 



10 ELECTION LAWS OF MONTANA 

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. 

Justice.^ 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; 
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 
questions which may be submitted to the vote of the people or electors: 
First, he shall be a citizen of the United State; second, he shall have 
resided in this State one year immediately preceding the election at 
which he offers to vote, and in the town, county or precinct such time as 
may be prescribed by law. If the question submitted concerns the cre- 
ation 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 



EI;ECTIOX LAWS OF MONTANA 1 1 

person of the right to vote who has such right at the time of the adop- 
tion 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 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 conse- 
quence 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. 

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. 



12 ELECTION LAMS OF MONTANA 

ARTICLE XI 

Education 

Section 10. The Legislative Assembly shall provide that all elec- 
tions 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 
allowed 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 au- 
thorizing 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. 

ARTICLE XVI 

Counties — Municipal Corporations and Officers 

Section 2. The Legislative Assembly shall have no power to re- 
move 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 Commisioner 
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 



ELECTION LAWS OF MONTANA 13 

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

That the Board of County Commissioners by and under the direc- 
tion 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. 

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. 



14 ELECTION LAWS OP MONTANA 

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 elect- 
ing 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 «. 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, ex- 
cept as in this Constitution otherwise provided. 

Section 7. The Legislative Assembly may, by general or special 
law, provide any plan, kind, manner or form of municipal government 
for counties, or counties and cities and towns, or cities and towns, and 
whenever deemed necessary or advisable, may abolish city or town gov- 
ernment and unite, consolidate or merge cities and towns and county 
under one municipal government, and any limitations in this Constitu- 
tion notwithstanding, may designate the name, fix and prescribe the 
number, designation, terms, qualifications, method of appointment, elec- 
tion or removal of the officers thereof, define their duties and fix 
penalties for the violation thereof, and fix and define boundaries of the 
territory so governed, and may provide for the discontinuance of such 
form of government when deemed advisable; provided, however, that 
no form of government permitted in this section shall be adopted or 
discontinued until after it is submitted to the qualified electors in the 
territory affected and by them approved. 

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 



ELECTION LAWS OF MONTANA 15 

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, sulsmit 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 occuring 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. 



16 ELECTION LAWS OP MONTANA ) 

Revised Codes or 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 FIX 
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 mem- 
ber, 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 



ELECTION LAWS OF MONTANA 17 

Judith Basin County One member 

Lake County _. Two members 

Lewis & Clark County Three members 

Liberty County One member 

Lincoln County - - One member 

Madison County __ - One member 

McCone County One member 

Meagher County -./. - One member 

Mineral County - — — One member 

Missoula County Four members 

Musselshell County — - - One member 

Park County Two members 

Petroleum County One member 

Phillips County - 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 tiie 
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-wit: the counties of Beaverhead, 
Broadwater, Deer Lodge, Flathead, Gallatin, Granite, Jefferson, Lake, 
Lewis and Clark, Lincoln, Madison, Mineral, Missoula, Powell, Ravalli, 
Sanders, and Silver Bow shall constitute the first congressional district 
of the State; and that all that portion of the State of Montana lying east 
of the east boundary of Flathead, Lewis and Clark, Broadwater, and 
Gallatin counties, to-wit: the counties of Big Horn. Blaine, Carbon, 



18 ELECTION LAWS OP MONTANA 

Carter, Cascade, Chouteau. Custer, Daniels, Dawson, Fallon, Fergus, 
Garfield. Glacier, Golden Valley. Hill, Judith Basin, Liberty, McCone, 
Meagher, Musselshell. Park, Petroleum, Phillips, Pondera, Powder 
River, Prairie, Richland, Rosebud, Roosevelt, Sheridan, Stillwater, 
Sweet Grass, Teton, Toole, Treasure, Valley, Wheatland, Wibaux and 
Yellowstone shall constitute the second congressional district of the 
State. 

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

As amended by Chapter 113, Laws of 1945. 

CHAPTER XIII 

INITIATIVE AND REFERENDUM 

(Constitutional 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 passed by the Legislative Assembly of the State of Montana: 

Warning 

Any person signing any nainje 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 add ress — - - 

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 Hundred Dollars 



ELECTION LAWS OF MONTANA 19 

($500), or impi'isonnient in (lie penitentiary not exceeding two years, or 
by both such fine and imprisonment. 

Petition tor Initiative 

To the Honorable , Secretary of State of 

the State of Montana: 

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

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

^^--^day of , .19 , and each for himself says: 

I have personally signed this petition, and my residence, postoffice 
address, and voting precinct are correctly written after my name. 

Name Residence 

Postoffice address — 

If in city, street and number 



Voting precinct 

(Numbered lines for names on each sheet.) 

Every such sheet for 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 refer- 
endum 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 J. ..__ _ _ 



20 ELECTION LAWS OP MONTANA 

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 re- 
quired as to the fact for each of such last-named signatures; and the 
Secretary of State shall further compare and verify the official signa- 
tures and seals of all Notaries so certifying with their signatures and 
seals filed in his office. Such Notaries' certificate shall be substantially 
in the following form: 

State of Montana, "j 

/ 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 electors.) 

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



Notary Public, in and for ...County, 

State of Montana. 

The County Clerk shall not retain in his possession any such 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 writ- 
ing 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 pub- 
lished 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 



KIvECTION I>AWS OP MONTANA 21 

the names of the candidates for office, shall also furnish the said 
County Clerks his certified copy of the titles and numbers of the various 
measures to be voted upon at the ensuing general or special election, 
and he shall use for each measure a title designated for that purpose by 
the Legislative Assembly, committee, or organization presenting and 
filing with him the act. or petition for the Initiative or the Referendum, 
or in the petition or act: provided, that such title shall in no case exceed 
one hundred words, and shall not resemble any such title previously 
filed for any measure to be submitted at that election which shall be 
descriptive of said 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 designated and distinguished from measures proposed by the 
Legislative Assembly by the heading "Proposed Petition for Initiative." 

All constitutional amendments submitted to the qualified electors 
of the State shall likewise be placed upon the official ballot prescribed 
by said Section 678 and no such amendment shall hereafter be 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: 



D 



D 



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.) 

Section 105. Pi'inting and Distribution of Measures. The Secre- 
tary of State shall furnish a copy of each of the proposed measures to 
be submitted to the people and make requisition on the State Purchas- 
ing Agent for the printing and delivery to him of all proposed constitu- 
tional amendments, initiative and referendum measures to be submitted 
to a vote of the people. 

The State Purchasing Agent, shall, not later than the first Monday 
of the third month next before any general or special election, at which 



22 ELECTION LAWS OP MONTANA 

any proposed law is to be submitted to the people, cause to be printed 
a true copy of the title and text of each measure to be submitted, with 
the number and form in which the question will be printed on the 
official ballot. It shall be the duty of the State Purchasing Agent to 
call for bids and contract with the lowest responsible bidder for the 
printing of the proposed law to be submitted to the people. Any meas- 
ure proposed to be submitted to the people and which concerns the 
creation of any State levy, debt or liability, including the issuance of 
State bonds or debentures other than refunding bonds or debentures, 
shall be submitted to the eligible voters as defined by Section 1, Cliapter 
28, Session Laws of Montana of 1945, upon a separate official ballot 
and no such measure shall be submitted on a general ballot. All other 
measures proposed to be submitted to the people including con- 
stitutional amendments and initiative and referendum measures which 
do not concern the creation of any State levy, debt or liability, may 
be submitted on the general ballot as provided by Section 2, Chapter 
81, Session Laws of Montana of 1939. 

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 the 
discretion of the State Purchasing Agent. The number of said proposed 
measures to be printed shall be five per cent (5%) more than the num- 
ber of registered voters, as shown by the registration lists of the sev- 
eral Counties of the State at the last preceding general election. 

The Secretary of State shall distribute to each County Clerk before 
the second Monday in the third month next preceding such regular 
general election, a sufficient number of said pamphlets to furnish one 
copy to every voter in his County. And each County Clerk shall be re- 
quired 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 com- 
pensation shall be full compensation for this additional service. 

(As amended by Chapter 67, Laws of 1947.) 

106. Canvas of Votes. The votes on measures and questions shall 
be counted, canvassed, and returned by the regular boards of judges, 
clerks, and officers as votes for candidates are counted, canvassed, and 
returned, and the abstract made by the several County Clerks of votes 
on measures shall be returned to the Secretary of State on separate 
abstract sheets in the manner provided by Sections 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 



ELECTION LAWS OF MONTANA 23 

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 tvv'o 
years, or by both such fine and imprisonment, in the discretion of the 
court before which such conviction shall be had. 

108. Referred 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 majoritj^ 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 
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 proclamation must 
contain: 

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



24 ELECTION LAWS OF MONTANA 

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 here- 
after 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 ])osted 
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 Pi-oclamation by County Commissionei-s. Whenever 
a special election is ordered by the Board of County Commissioners, 
they must issue an election proclamation, containing the statement pro- 
vided for in Subdivision 1 of Section 534, and must publish and post it 
in the same manner as proclamations issued by the Governor. 

CHAPTER 58 

PrBT^TCATTOX OF QUESTIONS SIBMITTED TO 
POPULAR VOTE 

537.1. Publication and Printing ot 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 gen- 
eral election for members of the Legislative Assembly. Such publication 
shall not be had in more than one paper in any one county in the St-ate. 

The Secretary of State shall also cause to be printed a pamphlet con- 
taining a true and exact copy of the proposed amendment or amend- 
ments, and a true and exact copy of the existing constitutional pro- 
visions if the proposed constitutional amendment or amendments is or 
are a revision of an existing amendment or amendments, and the 
amendment or amendments in the form in which it or they will be 
printed on the official ballot. The said proposed amendment or amend- 
ments, printed as herein provided, shall then be distributed as provided 
in Section 105 of the Revised Codes of Montana of 1935. The cost of 
publication of said amendment or amendments, and the cost of printing 
said pamphlet or pamphlets shall be a proper charge against the State 
at the rate, as provided for in the statutes for State printing. 

(As amended by Chapter 104, Laws of 1945.) 

.538. Advertisement ot Questions to be Submitted. Questions to be 
submitted to the people of the county or municii)ality must be adver- 
tised by publication in at least one newspaper within the county or 
municipaIit3^ once a week for two .successive weeks, and one of such 
publications in such newspapei- must be upon the last day upon which 
such newspaper is issued l)efore the election. 



ELECTION LAWS OP MONTANA 25 

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. Privilege 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 taxpa3'er 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 contiguous 
territory lying outside the said incorporated towns. 

546. Change in Boundaries of Precinct. The Board of County 
Commissioners may change the boundaries of precincts and create new 



26 ELECTION LAWS OP MONTANA 

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 precinct 
boundaries must be certified ,to the County Clerk within three days 
after the order making same shall have been made. All election 
precincts shall be designated by numbers but may also be designated 
by distinctive names in addition to such numbers. 

547. City Council to Certify Ward Boundaiies. 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 Prepaie 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, de- 
liver or cause to be delivered to the County Clerk of said county a map 
correctly showing the boundaries of the wards within such city or town 
as then exi.sting: 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 appoint- 
ed, 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 

KK(;iSTRATION OF ELECTORS 

553. County Clerk as County Registrai*. 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 books, cards, and papers here- 
in 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. 

5.54. Registry Book and Cai'd Inde.x — 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 OP MONTANA 27 

SO ai-ranged in precincts and alphabetical divisions suitable to record 
the full and complete information given by each elector, and a card 
index of which the County Clerk of such county shall at all times have 
the custody. The cards shall be four by six inches in size, of white 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, ) 

' ss. 
County of ...j 

Number Date Name Sex 

Where born Age Height Occupation 

Ft.-In. 

Naturalized when Where 

Residence Post Office Sec. Twp. Rg. 

Length of time in Precinct Ward School Dist. 

State County City 

Date cancelled Date registered Disability, if any 

Place where last registered 
STATE OF MONTANA, 



iss. 



County of 

, 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. 



28 KLK(. TION LAWS OP MONTANA 

(BACK) 

AFFIDAVIT OF LOST NATURALIZATION PAPERS 

STATE OF MONTANA, i 

Vss. 
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 naturaliza- 
tion, 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. AVho May Register. Any elector residing within the county 
may register by appearing before the County Clerk and ex-officio Reg- 
istrar and making correct answers to all questions propounded by the 
County Clerk touching the items of information called for by such 
registry card, anrl by sisrning 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 i)erson shall represent 
his name to the County Clerk or to the registration clerk or to any 
other person qualified to register an elector, to be different from what 
it 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 



KI-K< TION LAWS OK MONTANA 29 

no greater sum tlaan 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. 

r>57. Notaries aii«l Justin s ot the Peace as l)e|)iity Rejjistrars. 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 
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 ob- 
jects 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 Registrations-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. Registrj^ cards shall be numbered consecutively in the order 
of their receipt at the office of the County Clerk; provided, however, 
that electors who are registered upon the registry books in use in any 
county prior to the passage and approval of this law shall retain upon 
their registry cards the same number as they have severally had upon 
such books: and provided also that such electors need not again appear 
at the office of the County Clerk to register, but the County Clerk is 
hereby authorized to fill out from such registry books registry cards 
for all electors entitled to vote at the time of the passage and approval 
of this law, transcribing from such books the data called for by such 
cards. The cards so filled out from the registry books shall be marked 
"transcribed" by the County Clerk, and shall constitute pait of the 



30 ELECTION LAWS OP MONTANA 

official register, and shall entitle the elector represented by each such 
card to vote in the same manner as if the card has been filled out, 
signed and verified bj^ such elector. The County Clerk shall classify reg- 
istry cards according to the precincts in which the several electors re- 
side, 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 
(li-awer which shall be marked with the number of the precinct. The 
County Clerk shall, immediately after filling out the card index or reg- 
istry 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 Registra- 
tion, 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 
required length of time, and who shall be entitled to and is qualified to 
register on or before the day of election, provided he answers the 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 
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 AVithin 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 Montana, herewith make application 

to have my registry card transferred to the precinct register of the pre- 
cinct of my present residence. My registration number is ^ 

Dated at ., on the day of 

, 19 

Whenever it shall be more convenient for any elector residing out- 
side of an incorporated city or town to vote in another precinct in the 
same political township in the county, such elector may cause his 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 county, 
at least thirty days prior to any election, a request in writing in the 
following form: 



ELECTION LAWS OF MONTANA 31 

1, 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 residence, or of the precinct to which he has requested 
that his registry card be transferred, and the County Clerk shall in 
each case make a transfer of the elector's name, together with all data 
connected therewith, to the proper precinct in the register. 

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 ques- 
tion 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 follow- 
ing form: 

NAME RESIDENCE 

(city) (county) 
BIRTHPLACE AGE— 

PREVIOUS RESIDENCE 

(city) (county) 

In compliance with the election laws of the State of Montana, I 
am hereby submitting, for your information, the above named elector, 

who has, on , 19 , registered as a 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- 



32 ELECTIOX LAM'S OF MONTANA 

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 countj' 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 Ust 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 
county in alphabetical order in a separate drawer to be known as the 
"cancelled file"; but any elector whose card is thus removed from the 
official register may re-register in the same manner as his original reg- 
istration was made, and the registration card of any elector who thus 
re-registers shall be filed by the County Clerk in the official register in 
the same manner as original registration cards are filed. The County 
Clerk shall, at the same time, cancel, by drawing a red line through the 
entry thereof, the name of all such electors who have failed to vote at 
such election. 

In the case of any elector who, by 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 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 government of the United States, shall fail to vote, his or her 
registry card shall not be cancelled, provided that, prior to close of 
registration before any election to be held in the State of Montana, at 
least two (2) registered electors of the county in which such elector 
serving in the land or naval forces of the United States, including those 
persons actually engaged in the 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 was registered at the time of such 
election furnish the County Clerk with an affidavit or affidavits, setting 
forth the affiants are personally acquainted 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 
navy reserve, the women's army auxiliary corps, and such other branch- 
es 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. 



ELECTION LAWS OP MONTANA S3 

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 any election 
to be held in the State of Montana following the general election held 
in November of 1942 — the County Clerk is furnished an affidavit or 
affidavits by at least two (2) registered electors of the county 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 army auxiliary corps, and such 
other branches of the land and naval forces as may be organized here- 
after 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 organizations auxiliary 
to the land and naval forces recognized by the government of the United 
States was registered at the time of such election, setting forth the 
affiants are personally acquainted 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 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 government of 
the United States including persons engaged in the actual service of 
the American National Red Cross Association, or the United Service Or- 
ganizations 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 Montana. 1935. 

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

566. Close of Registration — Procedure. The County Clerk shall close 
all registration for the full period of forty-five days prior to and before 
any election. He shall immediately transmit to the Secretary of State 
a certificate showing the number of voters registered in each precinct 
in said county. The County Clerk of each county must cause to be pub- 
lished in a newspaper within his county, having a general circulation 
therein, for thirty days before which time when such registration shall 
be closed for any election, a notice signed by him to the effect that such 
registration will be closed on the day provided by law, and which day 
shall be specified in such notice; and must also state that electors may 



34 ELECTION LAWS OP MONTANA 

register for the ensuing election by appearing before the County Clerk 
at his office, or by appearing befoi'e 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 registrar is 
closed for any election, the County Clerk shall cause to be posted, in at 
least five conspicuous places in each voting precinct at such election, 
notice of the time when the official register will close for such election. 

Section 567. Printing and Posting of Lists of Registered Electors, 

The County Clerk shall, at least 15 days preceding any municipal 
primary nominating election in towns and cities, and at least twenty 
(20) days preceding any other election, cause to be printed and posted 
a list of all electors entitled to be registered as shown by the official 
register of the county, and who are on the precinct registers as entitled 
to vote in the several precincts of such county, city or town, or school 
district of the first class, provided, that if the City Clerk of any city or 
town shall, in writing, certify to the County Clerk, not less than twenty- 
five (25) days before the date fixed by law for the holding of any 
primary nominating election, that no petitions for nomination under 
the direct primary election law for any office to be filled at the next 
ensuing annual city election have been filed with such City or Town 
Clerk, not less than thirty (30) days before the date fixed by law for 
the holding of the primary nominating election, then the County Clerk 
shall not cause to be printed or posted such list of registered electors 
for such city or town. Such printed list of registered electors shall con- 
tain the name of the elector in full, together with his residence, giving 

the number and street, or the name of the house, ( _. ) 

and in all cases where the elector resides outside of the city or town, 
such i)rinted list shall contain the post office address of such elector, 
as shown by the official register card of the elector, and the registry 
number. The expense of printing said list shall be paid by said county, 
city or town, or school district, in which the election is to be held. The 
County Clerk shall cause to be posted, not less than fifteen (15) days 
l)efore any municipal primary nominating election, and not less than 
twenty (20) days before any other election, as in this Act provided for, 
at least five (5) copies of such printed registry list in at least five (5) 
conspicuous places within said precinct, a copy of the list of registered 
voters herein provided for, and shall retain sufficient number of said 
printed lists of registered voters in his office as may be necessary for 
the convenience of the public. He shall furnish to any qualified elector 
of any county, city or town or school district applying therefor a copy 
of the same, provided, that where the list herein provided for has been 
printed and posted for any primary election, the same may be used for 
the election proper, following a posting in connection therewith, at the 
time provided for in this Section, a supplemental list giving the names 
of electors who may have registered after the first list was prepared. 

(As amended by Chapter 167 T.aws of 1945.) 

508. Poll-Book — Combining Precinct Registers in — When Not 
Furnished City or Town. During the time intervening between the clos- 
ing of the official register and the day of the ensuing election, the County 
Clerk shall prepare for each precinct a book to be known as the "POLL- 
BOOK" which shall be for the use of the clerks and judges of election in 
each such precinct. Such books shall be arranged for the listing of the 
names of the electors in alphabetical divisions, each division to be com- 



ELECTION liAWS OP MONTANA 35 

posed of rule(i columns with appropriate headings, under which the 
information contained upon the registry card of each elector shall be 
transcribed, excepting the oath of the elector, and the certified copy 
of the poll-books so prepared shall be delivered to the judges of the 
election at or prior to the opening of the polls in each precinct. Where 
the precincts in municipal elections, or in elections in school districts 
of the first class, include more than one county precinct, the County 
Clerk shall combine into one poll-book the names of all electors in the 
several precinct registers of the precincts of which such municipal or 
school district precinct is composed. The County Clerk shall omit from 
the list of names of all certified voters so inserted in the poll-book 
herein provided for, the names and registry of all electors which it is 
the duty of the County Clerk to cancel under the provisions of Section 
570, provided that the rquirements 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 pi'imary nominating election, that no petitions for nominations un- 
der 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 preceding any 
election shall occur during the time within which any elector is entitled 
to register for another election, such elector shall be permitted to 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. 

.170. 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 county of the person registered, or when duly authenticated cer- 
tificate of the death of any elector is filed in the names of vital statis- 
tics in his office. 

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

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

5. Upon the production of a certified copy of a final judgment of 
conviction of any elector of felon3\ 

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



36 ELECTION LAWS OF MONTANA 

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

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

572. Copies of Precinct Kegisfers. The County Clerk shall furnish 
to any person or ])ersons 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 bene- 
fit of the county the sum of five cents for each and every name entered 
in such official precinct register. 



ELECTION TAWS OP MONTANA 37 

573. ChalleiiRcs 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 
grounds of challenge, objection and disqualification. The County Clerk 
shall file the affidavit of challenge in his office as a record thereof. 
The County Clerk must deliver a true and correct copy of any and all 
of such affidavits so filed, challenging the rierht 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." Tt 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- 
lenged on the day of election by anj'' 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 



38 ELECTION LAWS OF MONTANA 

being stationed at any militaiy 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. 

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, bj' the affidavit of 
the applicant (and the affidavit of one or more credible electors as to 
the ci^edibility 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 
of naturalization, or a certified copy thereof, the registry agent must 
propound the following questions: 

1. In what year did you come to the United States? 

2. In what state or territory, county, court, and year were you 
finally admitted to citizenship? 

3. Where did you last see your certificate of 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- 



ELECTION LAWS OP MONTANA .t!> 

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 who shall make an affidavit 
before the judges of election, or one of them, in substantially the fol- 
lowing form: 

STATE OF MONTANA, ) 

vss. 
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 retuz'ned by them to the County Clerk, with the 
return of the election; one of the judgs 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 
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. 

577. Compelling 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 election in 



40 ELECTION LAWS OF MONTANA 

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 returned 
by them with the poll-book. 

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

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 any duty, who shall 
wilfully or knowingly fail, refuse, or neglect to perform such duty, or 
to comply with the provisions of this Act, shall, upon conviction, be 
fined in the sum of not less than Three Hundred Dollars, nor more than 
One Thousand Dollars, or by imprisonment in the county jail for a 
period of not less than three months and no more than one year. Upon 
the conviction of any officer of the violation of the provisions of this 
Act, the Judge of the District Court hearing such proceeding shall, at 

,the time of rendering judgment of conviction, include in such order of 
'conviction an order of the court that such officer be removed from 
office. 

584. Challenging of Elector and Administration of Oath. If any 
person offering to vote at any primary election be challenged by a judge 
or any qualified elector at said election, as to his right to vote thereat, 
an oath shall be administered to him by one of the judges that he will 
truly answer all questions touching his right to vote at such election, 
and if it appear that he is not a 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. Act.s 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 deemed guilty of a felony, and upon conviction thereof 
shall be punished by imprisonment in the State prison for a period of 
not less than one year or more than fourteen years, and if such person 
be a public officer, shall also forfeit his office. 

58C). County Commissioners to Supply Clerk Avith 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. 



ELECTION LAWS OF MONTANA 41 

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 
NA\^ 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- 
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 VOLATIONS 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 
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, w^hich Official War Reg- 
istration Cards shall be substantially in the following form: 



42 ELECTION LAWS OF MONTANA 

(FACE) 
OFFICIAL WAR REGISTRATION CARD 

No Count3' of - , State of Montana 



Name Sex Date 

Place of Birth Date of Birth Height Occupation 

Residence: 



(Give Montana Address, Street Number, City or Town) 
Length of time in 

State County City Town 



If naturalized, state when Where 

Place where last registered: 



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.) 



ELECTION LAWS OF MONTANA 43 

(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 

thereof; I came to the United States in the year. ; I was ad- 
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 thereto, 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 country 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 



44 ELECTION LAWS OF MONTANA 

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 Acts 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 PER- 
IODS PROVIDED BY LAW FOR REGISTRATION. 

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 anj' election 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 l)e 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 



ELECTION LAWS OK MONTANA 45 

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 (52 
JUDGES AND CLERKS OF ELECTION 

587. Judges of Election — How Appointed. The Board of County 
Commisioners 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 
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 Cownty 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 



4fi ELECTION LAWS OP MONTANA 

they have reason to beheve contain two hundred voters or more and 
three judges of election in precincts whicla 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 number 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 Officers. The compensation of 
members of boards of election, including judges and clerks, is hereby 
fixed at Sixty-five Cents (65c) 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. 

(As amended by Chapter 117, Laws of 1947.) 

592. Clerk to Give Notice to Judges of Appointment — Electoi-s 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 anj^ one or more of the precincts in any county, 
the clerk must forward notices of such appointment bj^ 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. 

593. The judges may, whenever they deem it necessary for the 
I)rompt and efficient conduct of the election within their respective 
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 
maj^ occur in the offices of judges of election in any precinct within 
their respective counties. 

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



ELECTION LAWS OF MONTANA 47 

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

The clerks of the several Boards of County Commissioners must, at 
least twenty (20) days befoi'e any general election, make and forward 
by mail to such judge or judges as are designated by the County Com- 
missioners, three written notices for each precinct, said notices to be 
substantially as follows: 

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

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

County of _■. , an election will be held 

for (naming the offices to be filled, 

including electors of President and Vice-President, a Representative in 
Congress, State, county and township officers), and for the determina- 
tion of the following questions (naming them), the polls of which elec- 
tion 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. 

(As amended by Chapter 167, Laws of 1945.) 

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: 



48 



ELECTION LAWS OP MONTANA 



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 

--- * 



/ 



Clerks. 



Judges. 



(iOl. 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. 

(502. County Coniniission«'rs 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. 



ELKCTION LAWS OF MONTANA 49 

603. Clerk to Deliver Ballots and Stamps to Judges of Election — 
Stamp, What to Contiiin. Before the opening of the polls, the County 
Clerk, or the City Clerk in the case of municipal elections, must deliver 
to the judges of election of each election precinct which is within the 
county (or within the municipality in case of municipal election) and in 
which the election is to be held, at the polling place of the precinct, the 
proper number of election ballots as provided for in Section 687 of this 
Code. He must also deliver to said judges a rubber or other stamp, with 
ink pad, for the purpose of stamping or designating the official ballots 
as hereinafter provided. Said stamp must contain the words "Official 
Ballot," the name or number of the election precinct, the name of the 
county, the date of 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 0])ening 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 Electoi*s. 

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. 



50 ELECTION LAWS OP MONTANA 

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 Section 677 to 686, without the official stamp, and not less 
than three such tickets posted elsewhere in and about the polling places 
upon the daj' of election. 

608. Forms for Transmission of Election Returns. In sending out 
election supplies to each precinct for each general election, it shall be 
the dutj^ 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 

NOMINATIOX OP CANDIDATES FOR SPECIAL ELECTIONS BY 
CONVENTION OR PRIMARY MEETING OR BY ELECTORS 

612. Convention or Primary Meeting Defined. Vacancies. Any 
convention or primary meeting held for the purpose of making nom- 
inations to public office, or the number of electors required in this 
chapter, may nominate candidates for public office to be filled by elec- 
tion in the state. A convention or primary meeting within the meaning 
of this chapter is an organized assemblage of electors or delegates rep- 
resenting a political party or principle, and in the event a vacancy 
shall happen by death or resignation in the representation from any 
congressional district of the State of Montana in the House of Repre- 
sentatives of the Congress of the United States, only the electors resid- 
ing within such congressional district shall vote at any such convention 
or primary meeting held for the purpose of making nominations to fill 
such vacancy. 

(As amended by Chapter 26, Laws of 1945.) 

613. Certificates of Nomination, What to Contain. All nomina- 
tions made by such convention or primary meeting must be certified as 
follows: The certificate of nomination, which must be in writing, must 



KI.ECTION LAU S OP MONTANA 51 

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 State, or of 
any division or district greater than a county, must be filed with the 
Secretary of State. Certificates of nomination for county, township, and 
precinct officers must be filed with the clerks of the respective 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 
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 pri- 
mary 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. 



52 ELECTION LAWS OP MONTANA 

618. When Certificate to Be Filed. Certificate of nomination to 
be filed with the Secretary of State must be filed not more than sixty 
(60) days and not less than thirty (30) days before the date fixed by 
law for the election. Certificates of nomination herein directed to be 
filed with the County Clerk must be filed not more than sixty (60) days 
and not less than thirty (30) days before the election; certificates of 
nomination of candidates for municipal offices must be filed with the 
clerks of the respective municipal corporations not more than thirty 
(30) days and not less than ten (10) days previous to the day of elec- 
tion; but the provisions of this section shall not be held to apply to 
nominations for special elections to fill vacancies. 

(As amended by Chapter 259, Laws of 1947.) 

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 bj^ 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 anj^ candidate, regardless of the method used in having 
his name placed upon such general election ballot. 

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 by this chapter to be filed, that he declines 
such nomination, such nomination shall be void. In municipal elections, 
such declination shall be made at least five days before the election. 

621. V^acancies 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 vacan- 
cy 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 



ELECTION LAWS OP MONTANA 53 

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 certifying 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 original nominee. 
And in the event he has already transmitted his certificate he must 
forthwith certify to the clerks of the proper counties the name and 
description of the person so nominated to fill a vacancy, the office he 
is nominated for, the party or political principle he represents and the 
name of the person for whom such nominee is substituted. 

622. Errors. How Corrected. Whenever it appears by affidavit that 
an error or omission has occured in the publication of the name or 
description of a candidate nominated for office, or in the printing of the 
ballots, the District Court of the county may, upon application of any 
elector, by order require the County or Municipal Clerk to correct such 
error, or to show cause why such error should not be corrected. 

623. Qualification of Voter at Primary Election. No person shall 
be entitled to vote at any caucus, primary meeting, or election, held 
by any political party, except he be an elector of the State and county 
within which such caucus, primary meeting, or election is held, and a 
legal resident of the precinct or district within which such caucus, 
primary meeting, or election is held, and the limits of which said pre- 
cinct or district are fixed and prescribed by the regularly chosen and 
recognized 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, primary meeting, or election, who is not identified with 
the political party holding such caucus, primary meeting, or election, 
or who does not intend to act with such political party at the ensuing 
election, whose candidates are to be nominated at such caucus or pri- 
mary meeting. And no person, having voted at any primary meeting or 
election of an}- 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: 



54 ELECTION LAWS OP MONTANA 

"I do solemnly swear that I am a citizen of the United States, and 
am an elector of this county and of this precinct where this primary 
is now being held, that I have been and now am identified with the 
party or that it is my intention bona fide to act with the party, and 
identify myself with the same at the ensuing election, and that I have 
not voted at any primary meeting or election of any other political 
party whose candidates are to be voted for at the next general or 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 
any one of the judges concerning his right to vote at such caucus or 
primary meeting or election, he shall, upon conviction be deemed guilty 
of perjury, and shall be punished by imprisonment in the penitentiary 
for a term of not less than one year nor more than three years. 

628. Fraudulent Voting or Counting. It shall be imlawful for any 
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 ballot-box of said 
caucus or primary election, or fraudulently or wrongfully mix any 
ballots with those cast at such caucus or primary election, or knowingly 
make any false count, canvass, statement, or return of the ballots cast 
or vote taken at such caucus or primary election. 

629. Unlawful Interference. No person shall, by bribery or other 
improper means or device, directly or indirectly, attempt to influence 
any elector in the casting of any ballot at such caucus or primary 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. Any 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 upon conviction thereof shall be punished by a 
fine of not less than Fifty Dollars, nor more than Two Hundred and 
Fifty Dollars, or by imprisonment in the county jail not less than three 
months nor more than twelve months, or by both such fine and 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, visage, 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. 



ELECTION LAWS OF MONTANA 55 

(i:{2. Date of Holding Priiiiaiy Election — Purpose of. On the third 
Tuesday of July preceding any 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. 

ass. Primary Nominating Election Notices. It shall be the duty 
of the County Clerk, twenty (20) days before any primary nominating 
election, to prepare printed notices of such election, and mail two of 
said notices to each judge and clerk of election in each precinct; and 
it shall be the duty of the several judges and clerks immediately to post 
said notices 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 , Montana, a primary nominating elec- 
tion will be held at which the (insert the names of political parties 
subject to this law) will choose their candidates for state, district, 
county, precinct and other offices, namely (here name the offices to be 
filled, including a Senator in Congress, delegates to any constitutional 
convention then called, and candidates for county central committee- 
men to be elected); which election will be held at 12 o'clock, noon, and 
will continue until 7 o'clock in the afternoon of said day. 

Dated this day of - , 19 

, County Clerk. 

(As amended by Chapter 167, La^^s of 1945.) 

(>34. Application of Law to Cities and Towns, The nomination of 
candidates for municipal offices by the political parties, subject to the 
provisions of this law, shall be governed by this law in all incorporated 
towns and cities of this State having a population of thirty-five hundred 
and upward as shown b^- 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 



56 ELECTION LAWS OF MONTANA 

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 tlie 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 towns, within 
the provisions of this section, shall have such power and authority 
over the establishing of municipal voting precincts and wards, muni- 
cipal boards of 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 immediate 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 separtely 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 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 primal^ nominating election for - 

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

of on the -- day of 

- .19 



ELECTION LAWS OP MONTANA 



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 


1 
No. i Tally 10 


No. 


Tally 15 


12 








12 
13 
14 




12 
13 

14 




12 
13 
14 




13 












14 

























The columns for the numbers 12, 13, 14, etc., shall not be over 
three-eighths of an inch wide. The columns for the tallies shall be three- 
eighths of an inch wide, the lines shall be three-eighths of an inch 
apart; every ten lines the captions of the columns shall be reprinted 
between double-ruled lines in bold-face small pica, and all figures shall 
be printed in bold-face small pica. The tally sheets shall conclude with 
the following form of certificate: 

We hereby certify that at the above primary nominating election 
and polling place each of the foregoing named persons received the 
number of votes set apposite his name, as above set forth, for the nomi- 
nation for the office specified. 



, Chairman 

, Judge 
, Judge 



Clerk 



(Who kept this sheet.) 

_„. , 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 
portion of the tally sheets showing the number and name and political 
party of each candidate for nomination and the office and total votes 



58 ELECTION LAWS OF MONTANA 

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. 

6:?8. 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 electi(5n. 

(539. 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 ai'e 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 election 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. 



ELECTION 1>AWS OF MONTANA 59 

(i40. Petitions for Nomination 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- 
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 Dol- 
lars ($15.00). 

For any office with a salarj^ 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 Committeeman, Delegates to Na- 
tional 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 declaration of 
acceptance is filed the fee above provided for filing a primary nominat- 
ing petition for such office, provided that such person must receive at 
least five per cent (5%) of the votes cast for such office at the last pre- 
ceding general election. No candidate receiving a nomination at a 
primary election as above provided shall have his name printed on the 
official ballot for the general election without complying with the pro- 
visions of this Section. 

(As amended by Chapter 27, Laws of 1945.) 

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



60 KliECTlOX LAWS OP MONTANA 

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. 

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. 

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

(Sees. 642, 643 Repealed, Chap. 133, Laws of 1923.) 

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. 



ELECTION LAWS OP MONTANA 61 

(j4(;. 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 necessar3% 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 pertain- 
ing 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 re- 
strained by some court, the County Clerk shall destroy the ballots and 
ballot stubs, by fire, without anyone inspecting the same. 

(i47. 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 
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 r^ominating 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 certi- 
fy 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 



62 El>KCTION LAWS OF MONTANA 

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 required by this law. 

650. Supplies Printed and Furnished by County. All blanks, 
ballots, poll-books and other supplies to be used at any primaries shall 
be provided, and all expenses necessarily incurred in the preparation 
for, or conducting such primaries shall be paid out of the treasury 
of the county in the same manner and by the same officers as in the 
case of elections. 

(As amended by Chapter 34, Laws of 1945.) 

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 manj^ 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 
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- 



KI.ECTION LAWS OP MONTANA 63 

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 perfor- 
ated stubs, nor shall they have the same margin either at the top or 
sides or bottom as the official ballots have, or nearer thereto than 
twelve points, and the names of the candidates on the tickets composing 
the same shall not be rotated as required for the official ballots, but 
shall be impressions of the tickets belonging to lot one of each party. 

(Repealed Chapter 163, Laws of 1935.) 

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 
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, Judge 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 



64 ELECTION LAWS OP MONTANA 

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 num- 
ber of votes for nomination as candidates for members of the legislative 
assembly, county, and precinct offices, respectively, and to notify by 
mail each person who is so nominated; provided, that when a tie shall 
exist between two or more persons for the same nomination bj'' 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 Coun- 
ty 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 aoDoint- 
cd 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 num- 
ber 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 i)rovisions 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 and 
transmit it by mail to the Secretarj^ 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 nomination 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. .ludges of the District Court, 
Senators and Representatives, and all other officers to be voted foi- bj*- 
the people of the State, or of anj'^ district comprising more than one 
county; and the Governor shall grant a certificate of nomination to the 
person having the highest number of votes for each office, and shall 
issue a proclamation declaring the nomination of each person bj- 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 



KI.E( TION LAWS OF MONTANA 65 

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. 

()56. 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 wrongfull}' placed upon such ballots, or that any v^^rongful act 
has been performed by any judge or clerk of the primary election, Coun- 
ty Clerk, canvassing board or member thereof, or by anj^ person charged 
with a dut3' 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 go- 
ing 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 bj' tele- 
graph, 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, 
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. 



66 ELECTION LAWS OP MONTANA 

6()0. 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 terminiation 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 officers. 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. 

(Mil. 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 bj^ their votes for such nominations, not regarding 
technicalities or errors in spelling the name of any candidate for such 
nomination; and the Covmty 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 urecinct in all ward or sulidi\ision 
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 



ELECTION LAWS OP MONTANA 67 

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 
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 
Countj' 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 secretarj^ 
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 
meeting shall publish said call in a newspaper published at the county 
seat and shall mail a copy of the call, enclosing a blank proxy, to each 
precinct committeeman. No proxy shall be recognized unless held by an 
elector of the precinct of the committeeman executing the same. 

(As amended by Chapter 84, Laws of 1939.) 

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. 

664. Omitted. , 

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 



68 ELECTION LAWS OF MONTANA 

nominating election which would be sufficient, if such wrongful or un- 
lawful act or acts had been done by such candidate at the regular gen- 
eral 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. 

066. Candidates to Formulate State Platform. The candidates for 
the various state offices, and for the United States Senate, Representa- 
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 
know^ledge 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 w^ho 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 im- 
prisonment 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 



ELECTION LAWS OP MONTANA 69 

return thereof, the appointment and compensation of officers of elec- 
tion, and all other kindred subjects, shall apply to all primaries, insofar 
as thej^ 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. 

(671-673 Repealed Ref. 27, Laws of 1925.) 

CHAPTER 66 

PRESIDENTIAL ELECTORS A\l) 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 Politiciil Conventions — Committeemen and Chair- 
man. All political parties in Montana shall hereafter nominate their 
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 bj' 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 countj^ convention. No person other than a 
duly elected or appointed precinct committeeman shall be entitled to 
sit in said convention or participate in its proceedings. No proxy shall 
be recognized unless held by an elector of the precinct of the committee- 
man executing the same. In case of the absence of any precinct com- 
mitteeman and his duly appointed proxy, the convention may fill the 
vacancy by appointing some qualified elector of the party, resident in 
the i^recinct, to represent such precinct in the convention. 

673^. 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 conventi())\, in a 



70 ELECTION' LAWS OF MONTANA 

number equal to the total number of State Senators and Reprcvsentatives 
elected from said count3' to the Legislative Assembly. 

(u'.iAi. Time of State Convention — Election of Presidential Electors 
and Delesates 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 
be 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 seat 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 certificates 
of nomination for presidential electors for said party which shall be 
filed with the Secretary of State. Only regularly elected delegates or 
alternates shall be entitled to sit in said convention or participate in its 
proceedings and no proxies shall be recognized by the convention. In 
case of the absence of a member or members of the delegation elected 
from any county the delegates present for said county shall be entitled 
to cast a number of votes equal to the number of delegates elected to 
the convention from said county. 

(i7;J.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. 

(674-676 Repealed Ref. 27, Laws of 1925.) 

CHAPTER 67 

BAL.LOTS— PREPARATION AND FORM 

677. Ballots, How Printed and Distributed. All ballots cast in 
elections for public officers 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 municinal 
elections, be a charge upon the city or town in which such election 
is held. 



ELECTION LAWS OP MONTANA 71 

678. County Clerk to Print Ballots — Elector iMay 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 the 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- 
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 of- 
fices shall be arranged on the ballot immediately following the other 
State offices and shall precede any county office on such ballot. 

Section 681. Ballots for all general elections prepared under the 
provisions of this Chapter must be white in color and of a good quality 
of paper and the names must be printed thereon in black ink. The bal- 
lots used in any one county must be uniform in size and every ballot 
must contain the name of every candidate whose nomination for any 
special office specified in the ballot has been certified or filed accord- 



72 ELECTION LAWS OF MONTANA 

ing 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 Re- 
vised Codes of Montana, 1935. 

(A) The name of each candidate nominated shall be printed upon 
the ballot in but one place and there shall be added after and directly op- 
posite to the name of each candidate nominated, the party or political 
designation contained in the certificate of nomination of such candi- 
date in not more than three (3) words, except that the political desig- 
nation 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, 
however, that whenever any person is nominated for the same office by 
more than one party the designation of the party which first nominated 
him shall be placed opposite his name unless he declines in writing, 
one or more of such nominations or by written election indicates the 
party designation which he desires printed opposite his name; or if he 
is nominated by more than one party at the same time he shall within 
the time fixed by law for filing certificates of nomination, file with the 
officer with whom his certificate of nomination is required to be filed, 
a written election indicating the party designation which he desires 
printed opposite his name, and it shall be so printed. If he shall fail or 
neglect to file such an election no party designation shall be placed 
opposite his name. 

(B) The names of all candidates shall be arranged alphabetically 
according to surnames under the appropriate title of the respective 
offices. It is provided, however, that, while all of the candidates for 
the particular office shall remain together in the same box, yet the 
candidates of the two major parties shall appear on the ballot before 
and above the candidates of the minor parties and independent can- 
didates. For the purpose of designating the candidates of the two major 
parties, they shall be those candidates of the two parties whose can- 
didates for Governor, excluding independent candidates, have been 
either first or second, (by receiving the highest or next highest num- 
ber of votes cast for the office of Governor at the particular election) 
the greatest number of times at the next preceding four (4) general 
elections. In case of a tie in the number of first or second places, the 
determination shall be made by going back enough preceding elections 
to break the tie and no farther. All other candidates shall be designated 
as either independent candidates or as belonging to minor parties. 
When two or more persons are candidates for election to 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 bj' 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 can- 
didates shall, beginning with a form arranged in alphabetical order, 
(for the purposes of rotation of presidential and vice-presidential can- 



ELECTION LAWS OP MONTANA 73 

diclates, the office of President and Vice-President, togetlier 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 hereinabove defined shall be rotated as one 
group and the candidates of the minor parties and independent candi- 
dates 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 candi- 
dates. 

(C) Each ballot shall contain at the top of the stub provided by 
Section 684, R. C. M.. 1935, and directly underneath the perforated line 
shall be the following words in bold face type, 'VOTE IN ALL COL- 
UMNS." Each ballot shall contain two (2), and not more than two (2) 
columns for the election of State, National, county and township offi- 
cers. The first two columns and no others shall be used for the election 
of officers. Provided, however, that a third column and as many addi- 
tional columns as may be necessary shall be used for Constitutional 
amendments, and Initiative and Referendum measures which do not 
involve the creation of a State levy, debt or liability. In the first column 
and the left, which shall be designated at the head with the words, 
"STATE AND NATIONAL," in large bold face type, shall be listed all 
candidates for State and National offices, including Supreme Court 
Justices, and District Court Judges, and in the second column, which 
shall be designated at the head with the words, "COUNTY AND TOWN- 
SHIP," in large bold face type, shall be listed all candidates for the 
Legislative Assembly, county and township offices. The third column 
and any additional column shall be designated at the head with the 
words, "INITIATIVES, REFERENDUMS, AND CONSTITUTIONAL 
AMENDMENTS," in large bold face type, and listed thereunder shall 
be all proposed Constitutional amendments and measures to be voted 
on by the people at such election which do not involve the creation of 
any State levy, debt or liability. All proposed Constitutional amend- 
ments, initiative and referendum measures or other measures which do 
not involve the creation of any State levy, debt or liability, may be 
submitted to the voters on the official ballot upon the form provided 
for in sub section F of this section. All such measures which involve 
the creation of a State levy, debt or liability shall be submitted to the 
qualified voters upon a separate official ballot in substantial conformity 
with the form provided for by sub section F of this section, for the sub- 
mission of such measures. In case there are no such measures to be 
submitted, said third column shall be eliminated. The columns shall be 
separated by two straight lines at least one-half 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 
TOWNSHIP OFFICES IN THE NEXT COLUMN." At the bottom of 
the second column, if there be any Initiatives, Referendums or Consti- 
tutional amendments, and every column except the last column, there 



74 ELECTION LAWS OF MONTANA 

Shall be the following words, "VOTE ON INITIATIVES, REFEREN- 
DUMS AND CONSTITUTIONAL AMENDMENTS IN THE NEXT 
COLUMN." 

(E) The order of the placement of the offices t)n 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 presiden- 
tial electors; United States Senator; United States Representative in 
Congress; Governor; Lieutenant Governor; Secretary of State; Attorney 
General; State Treasurer; State Auditor; Railroad and Public Service 
Commissioners; State Superintendent of Public Instruction; Clerk of 
the Supreme Court: Chief Justice of the Supreme Court; Associate Jus- 
tice 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 of- 
fices to be filled shall maintain their relative positions as herein 
provided. 

In the second column, designated "COUNTY AND TOWNSHIP," 

the following order of placement shall be observed: "State Senator; Mem- 
ber or members of the House of Representatives; Clerk of 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 designate 
his choice of candidates by a cross mark, (X), in a square at the left 
of the name of each candidate. Above each group of candidates for each 
office shall be printed the words designating the particular office in bold 
face capital letters and directly underneath the words, "VOTE FOR" 
followed by the number to be elected to such office. As nearly as pos- 
sible the ballot shall be in the following form: 

(Stub hereinafter pro\ided for by Section 684.) 



ELECTION LAWS OP MONTANA 

PERFORATED LINE 
VOTE IN ALL COLUMNS 



TS 



STATE AND NATIONAL 



FOR PRESIDENTIAL ELEC- 
TORS TO VOTE FOR PRESI- 
DENT AND VICE-PRESIDENT 
OF THE UNITED STATES 

(VOTE FOR ONE) 

For President Democrat 

of the United States 
J JOHN DOE 

For Vice-President 
I of the United States 

: RICHARD ROE 

For Presidential Electors: 

Jane Doe, Helen Doe, 
Pete Moe. Milton Moe 



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



FOR U. S. SENATOR 
(VOTE FOR ONE) 



1 FRANK ROE 

J GUY DOE 

1 -- 



Democrat 
Republican 



Same for Congressman, Gover- 
nor, Lieutenant Governor, Sec- 
retary of State, Attorney Gen- 
eral, State Treasurer, State 
Auditor, Railroad and Public 
Service Commissioners, State 
Superintendent of Public In- 
struction and Clerk of the 
Supreme Court.) 

fOR CHIEF JUSTICE OF THE 
SUPREME COURT 

(VOTE FOR ONE) 

b RICHARD K. O'DOE 

(Nominated without party 
designation.) 

H TOM ROW 

(Nominated without party 
designation.) 



(Continued 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) 

a BILL DOE Republican 

D JOHN ROE Democrat 

n - 



FOR MEMBER OF THE HOUSE 
OF REPRESENTATIVES 

(VOTE FOR TWO) 

D ALLEN DOE Republican 

D FRANK DOE Republican 

n A. R. ROE Democrat 

D OLE ROE Democrat 

D 



(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. REFEUENDUMS 

AND CONSTITUTIONAL 

AMENDMENTS 



CONSTITUTIONAL 
AMENDMENTS 



D For the Amendment 

D Against the Amendment 

REFERENDUM NO. 1 



n For Referendum No. 1 

D Against Referendum No. 1 

INITIATR'^ NO. 1 



D For Initiative No. 1 

D Against Initiative No. 1 



76 ELECTION LAWS OP MONTANA 

and continuing in like manner as to all candidates, Constitutional 
amendments, Initiatives, and Referendums voted on at such election. 

(As amended by Chapter 141, Laws of 1947.) 

(Section G82— Repealed by Chapter 81. Laws of 1939.) 

083. 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 ami 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 bre- 
vier 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 maj^ write in the blank spaces, or 
paste over another name, the name of any person for whom he wishes 
to vote, and vote for such person by marking an 'X' in the square before 
such name." On the back of the stub shall be printed or stamped by the 
County Clerk, or other officer whose duty it is to provide the ballots, 
the consecutive number of the ballot, beginning with number "1," and 
increasing in regular numerical order to the total number of ballots 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 ui)on the ballot shall be in type of the same size and character. 

68(». County Clerk to Prepare Ballot, When and How. Whenever 
the Secretary of State has duly certified to the County Clerk any 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 corporation alone ♦he City Clerk 
must prepare the necessary ballots. 

(i87. 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 



ELECTION LAWS OP MONTANA 77 

the precinct. If there is no registry in the precinct, the County Clerk 
must provide ballots equal to the number of electors who voted at the 
last preceding election in the precinct, unless in the judgment of the 
County Clerk a greater number be needed, but in no case to exceed one 
and one-half times as many as the number of registered voters in the 
precinct. He must keep a record in his office, showing the exact 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. 

CHAPTER 08 

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 
continuousl3^ 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 Fuinished. All 

officers upon whom is imposed by law the duty of designating the poll- 
ing-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. 



78 ELECTION LAWS OF MONTANA 

(>y;j. Klectoi- to Cast His Ballot Without Interteroiioe, 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 ])reparing 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 p.erson 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 here- 
by made his duty, to clear the passageway, and prevent such obstruc- 
tion; and to arrest any person so doing. No person shall remove any 
ballot from the polling-place before the 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. Everj^ 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. 

(594. ^]^I)<>ns^•s of Providing Places for Election. The expense of 
providing such i)laces or compartments, x'opes, and guard-rails is a 
public charge, and must be provided for in the same manner as the 
other election expenses. 

095. 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 G03 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 



KIjKCTIOX laws of MONTANA 79 

Of the people, by marking an "X" in the square before the answer of 
the (luestion or amendinent 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 ballots, and the stubs in a 
box for detached ballot stubs. Upon voting, the elector shall forthwith 
pass outside the guard-rail, unless he be one of the persons authorized 
to remain within the guard-rail for other purposes than voting. 

697. Only One Person to Occupy Booth, and No Longer Than Five 
Minutes. No more than one person must be allow^ed to occupy anj^ one 
booth at one time, and no person must remain in or occupy a booth 
longer than may be necessary to prepare his ballot, and in no event 
longer than five minutes, if the other booths or compartments are 
occupied. 

698. Spoiied 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 wn'ite. 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 it was so marked with 
their assistance, and must thereafter give no information regarding the 
same. The judges must require such declaration of disability to be made 
by the elector under oath before them, and they are hereby authorized 
to administer the same. No elector other than the one who maj', 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 



80 ELECTIOX l.WVS OP MONTANA 

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 A^oted, 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. Mai'king 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 
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 OP^ MONTANA, 



/ss. 



County of 

"We, the undersigned witnesses, do swear that our names and sig- 
natures are genuine, and that we are each personally acquainted with 

. (the name of the elector), and 

that we know that he is residing at , and 

that we believe that he is entitled to vote at this election, and that we 
are each freeholders in the county," which affidavit shall be filed by 
the judges, and returned by them to the County Clerk, with the return 
of the election; one of the judges shall thereupon write the elector's 
name, and note the fact of his inability to sign, and the names of the 
two freeholders who made the affidavit herein provided for. If the elec- 
tor 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. 



EliECTION LAWS OP MONTANA 81 

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 felonj^ 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." 

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 challenged has 
been convicted of a felony and not pardoned must be determined in 
favor of the person challenged on his taking the oath tendered, unless 
the fact of conviction be proved by the production of an authenticated 
copy of the record or by the oral testimony of two witnesses. If the 
person challenged asserts that he has been convicted of a felony and 
pardoned therefor, he must exhibit his pardon or a proper certified copy 
thereof to the judges, and if the pardon be found sufficient, the judges 
must tender to him the following oath: "You do swear that you have 
not been convicted of any felony other than that for which a pardon is 
now exhibited." 

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

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. 



82 ELECTION LAWS OF MONTANA 

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. Liist 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 

71.5. A'^oting by Elector When Absent from Place of Resi(Tence 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 incai)acitatecl 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, maj' 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 
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 
imder the laws of Montana, plainly stating the na'iu-e of the i)hysical 
incapacity of the ai^plicant, and certifying (a) that such incapacit.y 
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: 



EliECTION LAWS OP MONTANA 83 

"I, , , a duly qualified elector of 

the --_ precinct, in the County of—- 1. , 

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 \ 



( 



ss. 



County of 

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 sul^scribed 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.) 

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 elec- 
tor 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 anrl 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 Citj' or Town 
Clerk shall send to such elector by mail, postage prepaid, one official 



«4 ELECTION LAWS OF MONTANA 

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 

/SS. 

Count3- of • 

"I. . (io solemnly swear that 1 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 countj' of my resi- 
dence or, in all probability, to be physically 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 bal- 
lots) 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 bj' 
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 secureh' sealed 
with mucilage and in addition thereto sealing wax in not less than two 
places thereon, the sealing wax to contain the impression of the official 
seal of the officer administering the oath. Said officer shall thereupon 
append his signature and official title and affix his seal at the end of 
said jurat and affidavit. Said envelope shall be mailed by such absent 
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.) 



ELKCTION LAWS OP MONTANA 85 

722. Dis|K)sition of Marked Ballot I'poii K<'(('n)t h\ ("<>»!;. 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 bj^ 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.) 

72.5. 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, op- 
posite 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 



86 ELECTION LAWS OP MONTANA 

issued to absent or ])hysically incapacitated voters, and shall reserve 
said numbers for tlie absent or physically incapacitated voters. The no- 
tation may be made by w^riting the words "absent or physically incapa- 
citated voters" opposite such numbers. 

The judges shall not allow any names to be inserted in the noil- 
list on the lines corresponding to said numbers, except the name of the 
elector entitled to each particular numljer 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 

incapacitated 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 en- 
velope 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. X'oting 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 towoi 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. Envel()p<\s 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 
signatvu-es 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 



ELKCTIOX I>AAVS OP MONTANA «7 

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 
incapacitated from going to the polls is voted, and the absent or physi- 
cally 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 contain- 
ing 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, 
wiiich 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 incapacita- 
ted voter" (writing in the name of the elector). "The rejected ballot or 

ballots 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 
(luestion No. in the certificate 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.) 



88 ELECTION LAWS OP MONTANA 

729. X'otinj? 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 c\ay, 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 phj^sically inca- 
pacitated voter envelope shall not be opened, and the judges shall mark, 
or cause to be marked, across the face thereof, "unopened because voter 
appeared and voted in person", and then deposit the said envelope, 
unopened, in the ballot-box. If the envelope containing the absent or 
phj^sically 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 pi'escribed 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 bj'^ a fine not exceeding Five 
Hvmdred 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. 



ELECTION LAWS OF MONTANA 8!) 

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 voting machines, and the 
results determined and reported accordingly. 

(As amended by Chapter 234, Laws of 194.3.) 

734. Duty of Elettoi- 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 pools 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 misdemean- 
or and, upon conviction thereof, shall be punished by a fine of not more 
than one hvmdred ($100.00) dollars or by imprisonment not more than 
thirty (30) days in the county jail or both such fine and imprison- 
ment. If such an elector so appears the judges of election shall note in 
the poll-books and lists the fact of his appearance as well as whether or 
not he voted in person. 

(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 anj^ 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 countj' to grant a 
change of venue as in other cases. 

(736-756 Repealed, Chapter 163, Laws of 1935.) 

CHAPTER 70 

7.57. 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 
Montana, 1935, and can safely be used by voters at elections under the 
provisions of said chapter, and no machine or machines shall be pro- 
vided or used at any election in this State unless such machine or mach- 
ines shall have received the approval of the Secretary of State as herein 
provided. The Secretary of State may employ two qualified mechanics. 



90 ELECTION LAWS OP MONTANA 

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 daj's 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 
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 candidates 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 constructed, 
that during the progress of the voting no person can see or know 
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 EU'ctions. The 

Boards of County Commissioners of counties of the first class shall, 
and the Boards of County Commissioners of other counties and City 
Councils of all cities and towns, may, at their option, adopt and pur- 
chase, for use in the various precincts, any voting machine approved 
in the manner above set forth in Section 757 R. C. M. 1935, as amended 
by Section 1, Chapter 19, Session Laws of Montana of 1943. by the 
Secretary of State, and none other. If it shall be impracticable to supply 



ELECTION LAWS OF MONTANA »1 

each and every election district with a voting machine or voting ma- 
chines at any election following the adoption of such machines in a 
city, village, or town, as many may be supplied as it as practicable to 
procure, and the same shall be used in such precinct of the municipal- 
ity, as the proper officers may order. The proper officers of any city, 
village, or town may. not later than the tenth (10th) day of September, 
in any year in which a general election is held, unite two or more pre- 
cincts 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. 

(As amended by Chapter 26, Laws of 1947.) 

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 which 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 anj^ person to remain in anj^ 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. AVhere 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 
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 



92 KI.KCTION LAWS OF MONTANA 

shall serve in any election at which a voting machine is used, unless 
he shall have receive 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 or officials may send by mail or other- 
wise at least three (3) days before the election, a printed copy of said 
I'educed diagram to each registered voter. Not later than forty (40) 
days before each election 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 thei-eof 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 
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 



ELECTION LAWS OP MONTANA 9S 

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 statements 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 there- 
of the words "vote for any two," or such number as the voter is law- 
fully entitled to vote for for such office. When any person is nominated 
for an office by more than one political party his name shall be placed 
upon the ticket under the designation of the party which first 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 svich 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- 



»4 ELECTION LAWS OF MONTANA 

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. 

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 da3''; 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 plainh^ 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 column or the top horizontal row on the voting 
machine; the party assigned to the second vertical column on the paper 
ballot be given the second vertical column, or the second horizontal row 
to be voted on the voting machine. The judges shall compare the ballots 
on the machine with the sample ballot, see that they are correct, 
examine and see that all 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 arrange- 
ments 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 persons 
nominated by one or more parties with one or more persons not in 
nomination, or he ma3' 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 



ELECTION L,AVVS OF MONTANA 95 

recording device so as to provide against voting, and open tlie register- 
ing or recording compartments in tlie presence of any person desiring to 
attend the same, and sliall proceed to ascertain tlie number of votes cast 
for eacli person voted for at tlie election, and to canvass, record, an- 
nounce, and return the same as provided by law. 

7«7. 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 
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 shall 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 for 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. 



96 ELECTION LAWS OF MONTANA 

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 Xe^lect 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 anj' 
sum not exceeding One Thousand Dollars, or may be punished by both 
such imprisonment and fine. 

770. Penally for Tampering With or Injuring Machines. Anj' 
person not being an election officer who, during any election or before 
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 other appliance 
used in connection with such machine, shall be imprisoned in the state 
prison for a period of not more than ten years, or be fined not more 
than One Thousand Dollars, or be punished by both such fine and 
imprisonment. 

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 wa3', 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 
f)r 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 retvn-n 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 

jiroper 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, 



KI.ECTION LAWS OF MONTANA 97 

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 Chapter If), Laws of 1943.) 

CHAPTER 19 
Laws of 1943 

4. All voting machines heretofore appi'oved in accordance with 
the provisions of said Sections 757 and 758 prior to the amendment 
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 pro- 
visions of said sections as hereby amended. 

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 un- 
opened 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. 



98 ELECTION LAWS OF MONTANA 

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 comi)ared 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 anj^ 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. 

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 GOO 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- 
lists, all certificates of registration received by them, the lists of the 
persons challenged, both of the poll-books, 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 unused ballots with the numbered 
stubs attached; and must also enclose in a separate package or en- 
velope, securely sealed and directed to the County Clerk, all ballots 
voted, including all voted ballots which, for an3' reason, were not count- 
ed or allowed, and all detached stubs from ballots voted, 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 23, Laws of 1945.) 

(783 Repealed, Chapter 112, Laws of 1937.) 

784. The sealed envelope containing the check-lists, certificates 
of registration, p()ll-l)ook, tally-sheets, oaths of election officers, also 
the package or envelope containing the voted ballots and detached 



ELECTION LAWS OF MONTANA ft9 

Stubs and the package or envelope containing the unused ballots, must, 
before the judges adjourn, be delivered to one of their number, to be 
determined by lot, unless otherwise agreed upon. 

(As amended by Chapter 23, Laws of 1945.) 

785. Dolivery to ("oiiiity Clerk. The judges to whom such pack- 
ages are delivered must, within twenty-four hours, deliver them, with- 
out 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. 

78(>. Piling of Ballots and Stnbs by County Clerk. Upon the re- 
ceipt of the packages or envelopes by the County Clerk, he must file 
the package or envelope containing the ballots voted and detached 
stubs and the package or envelope containing the unused ballots, and 
must keep them unopened and unaltered for twelve (12) months, after 
which time, if there is no contest commenced in some tribunal having 
jurisdiction about such election, he must burn such packages, or en- 
velopes, without opening or examining their contents. 

(As amended by Chapter 23, Laws of 1945.) 

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, 
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- 
book, 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 (I^anvassers 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 



100 ELKCTION LAAVS OP MONTANA 

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. Canva.s.s 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. 

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 pi^ecinct 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. 

79(5. Duty of Canvassing Board — Tie Vote. The board must de- 
clare elected the person having the highest number of votes given for 



KI.KCTION LAWS OF MONTANA 101 

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. 

7!)7. Certific<»tes 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 Rejjresentatives. 

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 arangement in the list of counties 
composing such district. 

800. Duty of Clerk ReceiAing 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 
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. 



102 ELECTION LAWS OF MONTANA 

803. State Canvassers, Composition and Meeting of Board. On 

the first Monday of December after the daj^ 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, wlio 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 

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

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



CHAPTER 73 
PATT.l RE OP 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. 



ELECTION LAWS OF MONTANA 103 

810. Procoedings 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 Treasiu'er, 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 Count3'' 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 .lUDGES 
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 nomin- 
ated 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 nomina- 
tion 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 pt'imary election laws, which petition for nomination shall be sub- 
stantially in the following form: 



104 ELECTION LAWS OF MONTANA 

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 

-. 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 politcal affiliations of the candidate, and 
provided further that no candidate for judicial office maj'^ in his petition 
for nomination state any measures or principles he advocates, or have 
any statement of measure or principle which he advocates, or anj^ 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 Certificate of Judicial Candidates — Sep- 
arate from Party Designation. At the same time and in the same 
manner as by law he is reciuired 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 county, with all other information required 
by law to appear upon the ballot, which lists of judicial candidates 
shall be made upon separate sheets of paper from the lists of 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 Priman,'^ 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. 



EliECTIOX LAWS OP MONTANA 105 

812.7. Judicial PriiiKu-y Kallots — 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. Differ- 
ent 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 prim- 
arj' 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. Xoniinations — 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 primai'y 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 Secre- 
tary of State shall by lot determine the candidate whose name will be 
certified for the general election and printed on the official ballot. 

812.11. Vacancies Among Nominees After Nominations and Before 
(ieneral 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 



106 ELECTION LAWS OP MONTANA 

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. 

812.13. Unlawful for Political Party to Endoi-se 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, anci to special elec- 
tions, not in conflict herewitn 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 November, 
preceding the time fixed by the law of the United States for the choice 
of President and Vice-President of the United States, there must be 
elected as many electors of President and Vice-President as this State 
is entitled to appoint. 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 thei'e 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 



ELECTION LAWS OP MONTANA 107 

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 Presfdential 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. 

818. Voting of Electors. The electors, when convened, must vote 
b}^ 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. 

82.3. HoAv 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. 



108 ELECTION LAWS OF MONTANA 

825. AVrits 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 temporarj^ 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. 



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 Dis- 
trict 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. 



EliECTIOX LAWS OF MONTANA 109 

828.2. Failur*' to Comply with Provisions lor Coiiiitiiijr Votes, Pre- 
sunii>tioi) of Inrori-M'tness 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 vbted for at said election, that 
shall be considered as sufficient proliable 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 bj^ 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 
lesult 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 
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 
cash; and if it be ascertained by said recount that the applicant or ap- 
plicants have been elected to said office, then and in that event all 
money so deposited with said board shall be returned to the said appli- 
cant or applicants, but if an applicant as a result of said recount is found 
not to have been elected, then if the expense of making said recount 
shall be greater than the estimated cost thereof said applicants shall pay 
said excess, but if less than the estimated cost, then the 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: 



1 10 EliECTION LAWS OP MONTANA 

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 of 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 pre- 
cincts as to which said recount is ordered, and the number of votes for 
each person in said election precinct or precincts. At the completion of 
said recount the tally sheets must then be compared and their correct- 
ness ascertained, and the total number of votes cast for anj^ candidate 
determined. 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 
Canvassers, 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. 

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

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

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 



ELECTION LAWS OP MONTANA 1 1 1 

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 ProA'^isions 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 
delegates 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, 
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 with- 
out party or political designation, but shall be as "in favor of" or "op- 
posed to" ratification of the proposed amendment. All petitions and the 
acceptances thereof shall be filed not less than thirty days prior to the 
election. 



112 



ELECTIOxV LAWS OP MONTANA 



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 candidates "opposed to" ratification shall be ascer- 
tained, 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 
proposed 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 -, 


Opposed to 

ratification of the propo.sed amendment. 

Vote for - _ 


candidates only. 


candidates only. 


Names of candidates. 


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. 

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 qualfica- 
tions and election of its own members. 



ELECTION' liAVVS OF MONTANA lU 

829.8. Coni|>ensation of Dolegatess 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 <)f 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 Signei-s 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 acting 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 Jjegislative 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- 
rrient 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- 
tificate issued by a County Treasurer shall be tlated, numbered, give 



114 ELECTION LAWS OP MONTANA 

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 Countj' 
Clerk and Recorder 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 Su[>erintendent 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. 



ELECTION liAWS OP MONTANA 115 

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

(As amended by Chapter 10, Laws of 1945.) 

952. Term of Office. The County Superintendent shall take 
office on the first Monday in January next succeeding his election 
and hold for four years, and until his successor is elected and qualified. 

(As amended by Chapter 10, Laws of 1945.) 

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 nominations 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 Trustees. The clerk of the school 
district must, not less than fifteen days before the election required 
under this Act, post notices in three public places in said district, and 
in incorporated cities in each ward, which notices must specify the 
time and place of election, and the hours during which the polls will 
be open. The 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. 



116 ELECTIOX LAWS OF MONTANA 

990. Election in districts of first class — nominations and conduct 
of elections. In districts of the first class, no person shall be voted for 
or elected as trustee unless he has been nominated therefor at a 
bonafide public meeting, held in the district not more than sixty 
(60) days nor less than forty (40) days before the day of election, and 
at which at least twentj- (20) qualified electors wei'e present, and a 
chairman and secretary were elected, and a certificate of such nomina- 
tion, setting forth the place where the meeting was held, giving the 
names of the candidates in full, and if there are different terms to be 
filled, the term for which such candidate was nominated, duly certified 
by the chairman and secretary' of such meeting, shall be filed with the 
district clerk within ten (10) days after such public meeting. The 
nomination and election of any person shall be void, unless he was 
nominated at a meeting as above provided at which at least twenty (20) 
(jualified electors were present, and his nomination certified and filed 
as aforesaid, and the board of trustees acting as a canvassing board 
shall not count am- votes cast for any person, unless he has been so 
nominated and a certificate thereof filed as herein required. In the 
event there be held only one (1) such public meeting and only one (1) 
candidate be nominated for each term to be filled then and in that 
event no election need be held and the clerk of such district shall 
certify such facts to the Board of Trustees of the district, acting as a 
board of canvassers who shall thereupon certify the election of such 
persons to the County Superintendent of Schools. 

(As amended by Chapter 130, Laws of 1945.) 

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 twelve o'clock (12:00) noon and kept open until 
eight o'clock (8:00) P. M. 

(As amended by Chapter 135, Laws of 1947.) 

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 



ELECTION LAWS OP MONTANA 117 

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: 

F'or 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 
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. 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. 



118 ELECTION LAWS OP MONTANA 

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 
sause, 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- 
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 
l)revent 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. 

( .A.S amended ])y Chapter 65, Laws of 1941.) 



ELECTION LAWS OP MONTANA 119 

1003. Challenges — Oath of Voters. Any person offering to vote 
may be challenged by any elector of the district, and the judges must 
thereupon administer to the person challenged an oath or 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 dutj^: 

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 
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 stud3^ 

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 



120 ELECTION LAWS OF MONTANA 

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 school.s 
in the district; to build, purchase or otherwise acquire schoolhouses, 
school dormitories and other buildings necessary in the operation of 
schools of the district, and to sell and dispose of the same; provided, 
that they shall not build or remove schoolhouses or dormitories, nor 
purchase, sell or locate school sites unless directed so to do by a 
majority of the electors of the district voting at an election held in the 
district for that purpose, and such election shall be conducted and 
votes canvassed in the same manner as at the annual election of school 
officers, and notice thereof shall be given by the clerk by posting three 
(3) notices in three (3) public places in the district at least ten (10) 
days prior to such election, which notices shall specify the time, place, 
and purpose of such election. Provided, further, that this subdivision 
shall not be so construed as to prevent the board of trustees from pur- 
chasing 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 physician 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 copy 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 
the manner and form and on the blanks prescribed and furnished by the 
superintendent of public instruction. 

1(). 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. 



ELECTION LAWS OF MONTANA 121 

15). 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 
pi'ivies 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 
he 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 herebj^ 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.) 

CHAPTER 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 
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- 



122 ELECTION LAWS OF MONTANA 

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 by majority vote of each board of trustees acting separately shall 
ask for district consolidation of each and all such petitioning boards, the 
county superintendent of schools having jurisdiction of such districts, 
within not less than twenty (20) nor more than thirty (30) days, 
shall effect the consolidation of such districts into one district and 
designate the number of such newly 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 twenty (20) days after the vote of the last of the boards 
of trustees favoring district consolidation should there be dissatisfac- 
tion of the electors of any 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 by the county 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 qualified 
electors in such district to merit consideration. Within ten (10) days 
following the filing of such petition or petitions, the county superin- 
tendent of schools shall cause a ten (10) days' 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) days 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 copy thereof to the county 



ELECTION LAWS OK MONTANA 123 

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 nimiber of such district, and the county superintendent shall 
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 shalT 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 countj- 
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 ma^- 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 annexa- 
tion 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. 



124 ELECTION LAWS OF MONTANA 

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.) 

DISSOTiUTION 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 whv 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- 



ELECTION LAWS OF MONTANA 125 

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 
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 funds 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. 

CH.APTER 114 

Extra Taxation for School Purposes 

121!>. 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 covmty 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 



126 ELECTION LAWS OF MONTANA 

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 levj' 
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)?" 

□ 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 approximately 
(give number) of mills. 

The voters shall mark the ballots in the same manner as ballots 
are marked under the election laws of this State. The election shall 
be held, votes canvassed and returns made as in other school elections. 
If the majority voting on the question are in favor of such additional 
levy, the Board of Trustees of said school district shall so certify 
to the Board of County Commissioners of the county in which said 
school district is situated the amount authorized by such election to 
be raised by such additional levy and such Board of County 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 LAWS OP MONTANA 127 

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 tliose 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 
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 Trustees, 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. 



128 ELECTION LAWS OP MONTANA 

1224.10. Meeting of Board of Trustees to Consider Petition and 
Calling of Election — Xotice of Election — Foi-ni. Upon such petition 
being received by the clerk of tlie school district, a meeting of the 
Board of Trustees shall be called to consider the same. The Board 
of Trustees shall be the judges of the sufficiency of the petition and 
the findings of such Board shall be 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 school 
district taxes prior to the holding of such election, will be held on the 

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

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

said School District in the amount of ._. . 

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

six per centum (6%) per annum, payable semi-annually, for the 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 propo.sed amount of bonds therefor. 



EliECTlON LAWS OF MONTANA 12!> 

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 towois 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 Baliots — 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). 

D BONDS— YES 
D BONDS— NO 
(As amended bj^ Chapter 178, Laws of 1939.) 

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 



130 ELECTION LAWS OF MONTANA 

shall deliver the same to the judge prior to the opening of the polls. 
In school districts (jf 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. Porcentage of Electors Requii*ed 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 Retui'ns 
— 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: 

"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 _ 



ELECTION LAWS OF MONTANA 131 

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.) 

CHAPTER 115 

1252. Signers Require<l 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 Citv Council, or to the Board of 



132 ELECTION liAWS OF MONTANA 

County Commissioners, as the case may be, signed by at least twenty 
per cent of the qualified registered electors who are taxpayers upon 
property within said school district, town, city or county, and whose 
names appear on the assessment-roll for the year next preceding such 
election, praying for the calling of said election; provided that the 
Board of County Commissioners, Board of School Trustees, Town or 
City Council, as the case may be, shall determine as to the sufficiency 
of such petition, and the findings of such governing body shall be 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 fore- 
going, and if such petition shall specify therein the amount of the 
bonds to be issued, and if the Board of Trustees of the county high 
school shall upon the presentation to it of the said petition, approve 
the same, and the issuance of bonds of the county to the amount 
therein 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 
count}' 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. 

12(>2.i:i. Duty of Board of County Coininissioners. 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. 



EliECTION LAWS OP MONTANA i:W 

12(i2.14. Bond Ijiiiiit — 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.) 

1202.15. County Bond Issue for County and District High Schools. 

In any county where a countj^ 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 allotted to the county high school and the 
amount to be apportioned among the accredited district high school 
or schools shall be computed upon the basis of the 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 

12(i2.19. 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 (i^ounty 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 (Tlerk; 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 



134 ELECTION IvAWS OP MONTANA 

the Board of Countj- 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. Futher 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 
the countj^ 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 the following 
form: 

D For the abolishment of the county high school. 

D 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 thereby abolished. 

12(;2.25. 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. 



EI.KCTION LAWS OP MONTANA 135 

12()2.4(>. Petition — Kesuliition 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 
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 
lands 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 



136 ELECTION LAWS OF MONTANA 

in the case of the issuance of district bonds for the purpose of building, 
enlarging, repairing or acquiring by purchase a school house, in the 
said district, or furnishing and equipping the same, and of purchasing 
the necessary lands therefor. 

1202.32. 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 sys- 
tem 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. 

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. 



ELECTIOX liAUS OF MONTANA 137 

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 
in the following manner: Not later than September first of the first 
year in which such junior college is proposed to be establishecJ, 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, 



I .{8 ELECTION LAWS OF MOXTAKA 

a special levy may be made for the purpose of I'aising the moneys 
necessary lo defray the cost of constructing such bridge, as provided 
in the preceding section. 

CHAPTER 254 
MONTANA BEER ACT 

2815.53. Election to Deteiniine Whether or Not Beer Should Be 
Sold in County to be Ordered Upon Application of One-third ('/a) of the 
Voters of Any County. Upon application by petition, signed by one- 
third ( Vs ) 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 examination 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 
whei'e the election is to be held as the Board ,of County Commissioners 
may think proper. 

2815.5.5. Ballots — AVhat 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. 

281.j..'5fi. 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. 

281.5.57. 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 iniblished, 
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 cancelled by the 
State Board of Equalization, and thereafter it shall be unlawful to sell 
any beer in any such county. 

281.5..18. 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. 



KI.KCTION LAWS OF MONTANA 1.1!» 

CHAPTER 2r>5 
STATE LIQUOR CONTROL ACT 

Local Option Law 

2815.96. Petition — Time for Election — Election to lie Ordei ed I'pon 
Application of One-Third of the Voters of Any County. Upon applica 
tion by petition, signed by one-third of the voteis who are quaUfied to 
vote for members of the Legislative Assembly in any county in the 
State, the Board of County Commissioners must order an election to be 
held at the places of holding elections for county officers, to take place 
within forty days after the reception of such petition, to determine 
whether or not any spirituous or malt liquors, wine, or cider, or any 
intoxicating liquors or drinks may be sold within the limits of the 
county. No election, under this section must take place in any month 
in which general elections are held. The Board of County Commission- 
ers must determine on the sufficiency of the petition presented 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 Pi-ohibited If Majoi'ity 
Vote Against Sale. If a majority of the votes cast are "Sale of intoxicat- 
ing liquors, no," the Board of County Commissioners must publish the 
result once a week for four weeks in the paper in which the notice of 
the election was given. The provisions of this Act shall take effect at 
the expiration of the time of the publication of the notice, and 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 Liquoi-s Pi-ohibited. 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, spiritiioiis, 
malt, or intoxicating liquors. 

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



140 ELECTION LAW S OF MONTANA 

CHAPTER 84 

LAWS OF 1937 

:«». Effective Date — Electors' Protest — Election. The provisions of 
this Act as to tlie issuance of licenses as hei'ein 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) days, a duly veri- 
fied petition in writing signed by not less than thirty-five per centum 
(35%) of the registered qualified electors of any county file with the 
Board of County Commissioners their protest against the issuance of 
any licenses as herein provided by the Montana Liquor Control Board 
under the provisions of this Act, then the said Montana Liquor Control 
Board shall not issue any license or licenses within said county, except 
as herein provided. 

The Board of County Commissioners must within five (5) days 
after the filing of said petition, meet and determine the sufficiency 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 Com- 
missioners must within ten (10) days after the filing of such petition, 
if such petition be sufficient therefor make an order calling an election 
to be held within the county in the manner and at the places of holding 
an election for county offices in such county. Such election to be held 
on a day fixed by the Board of County Commissioners not more than 
thirty (30) days after the filing of such petition for the purpose of 
determining whether or not any license ior the sale of spirituous liquors 
may be sold within the limits of the county as provided by the pro- 
visions 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. 

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 cancelled 
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 both such fine and 
imprisonment; provided, however, that nothing herein contained shall 



ELECTION LAWS OP MONTANA 141 

be construed to prevent or prohibit the sale of liquor at or by a state 
liquor store under the Liquor Control Act. 

;$"). Contest <)f Elcc-tioii. 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 wnll 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 or 
before the date fixed for the hearing, any person having signed the 
original petition for the removal of the county seat may file a state- 
ment in writing wdth 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. 

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 taxpaj-ers," and that for the purpose of testing the suffi- 



I 12 ELECTION LAWS OF MONTANA 

ciency of any petition whicli may be presented to the County Commis- 
sioners as provided in this section, the County Commissioners shall 
Tmpare 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 ilie 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 
foi the purpose of ascertaining whether the petition bears the names 
of s'xty-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 1)e 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 election 
must be held and conducted, and the returns made, in all respects in 
the manner prescribed by law in regard to the submitting of questions 
to the electors of a locality under the general election law. 

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 prefers, 
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 par- 
ticular 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 Commission- 
ers, showing the result thereof, must be deposited in the office of the 
County Clerk, and whenever the Board gives the notice prescril^ed b\ 
Section 4374 of this Code, they must transmit a certified copy thereof 
to the Secretary of State. 

4370. No Second Election to Be Held WHIiin 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. 



ELECTION LAWS OK MONTANA 143 

4;J77. I'ouiity Seat May Kv Hcinovod Fioiii Time l(» Tiiin'. When 
tlie county seat of a county has been once removed h} a popular vote 
of the people of the county, it may be again renio\e<l from time to 
time in the manner pi-ovided 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 electing one of 
their number chairman. 

The person appointed to the office of County Clerk in the bill 
creating the county shall be notified in writing by the County Com- 
missioners, or some one of them, of the time and place of said meeting, 
and he must attend the meeting and act as the clerk thereof and keep 
a record of the proceedings. If no person is appointed to the office of 
County Clerk by the Act creating the county, the Commissioners shall 
at such meeting select some person qualified to hold office of County 
Clerk to act as clerk of 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 
ot said county at the general election to be held on the first Tuesday 
after the first Monday of November of the next even-numbered year 
after the creation of the county, or at a special election as hereinafter 
provided. 

In the event of a majority of the County Commissioners failing 
to agree upon the 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 inclosed 
in envelopes of the same size, color, and texture, and shall be deposited 
in a box or other suitable receptacle, and the County Clerk, in the 
presence of said 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, 



144 ELECTIOX LAWS OF MONTANA 

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. 

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

1380. Proceedings After Petition for County Seat Election. Upon 
filing said petition or petitions, duly certified to as provided in the 
preceding section, with the County Clerk of the new county, he must 
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 



EI.KCTION LAWS OK MONTilA'A 145 

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. 

4;W2. 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 dutj' of each registry agent to publish and post notices of the 
time and places of registration in the manner provided by law for the 
publication of notices of registration for general elections. No person 
shall be entitled to register and vote at such special election unless he 
is a qualified voter of the State of Montana of the age of twenty-one 
years, and will have been a resident of Montana one year and of the 
territory embraced within the boundaries of the new county for a 
period of one hundred and eighty days on the day next preceding the 
day of such election, and also takes and subscribes to the oath provided 
in Section 479, 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 precinct in 
the county who shall act as the judges of 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 provided by law. 

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

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 what is known as 
brevier capitals the following instructions: 

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

The ballot below the perforated line shall be in the following form: 



146 ELECTION LAWS OF MONTANA 

"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 ot 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 count}' shall canvass the returns 
of said election in the manner provided by law for the canvassing of 
election returns, and upon such canvassing of returns the town or 
place found to have received a majority of all votes cast on such 
questions shall be declared by the Board the permanent county seat 
of the county. The order declaring the result of such election 
shall be entered of record in the minutes of the 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 permanant county seat of such county. Within 
ten days after the declaration of the result of such election, all recoi'ds 
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 Failui-e 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: 

n for the permanent county seat. 

D 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 



KLKCTION LAWH OP MONTANA 147 

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 Ijocatinp: Pernianont County Seat 
to Voters — Elections. Any county lieretofore 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. 

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 



148 ELECTION LAWS OP MONTANA 

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 maj^ 
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. 

4391. Basis 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 specified 
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 construed 
as meaning taxable valuation determined as herein provided, not the 
full and true valuation of property. 

4392. Cities and Towns Eligible lor 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 provided 
by law, or unless such village shall have been regularly platted and a 
plat thereof filed in the office of the County Clerk and Recorder, and 
there be fifty qualified electors residing within the boundaries of 
such platted village, and the temporary county seat selected upon the 
organization of such county shall remain as such county seat until the 
permanent coimty seat shall be established as provided by law. 

4.393. 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 



ELECTION LAWS OF MONTANA 149 

such then existing county or counties, a petition shall be presented to 
the Board of County Commissioners of the county from which the new 
county is to be formed, in case said proposed new county is to be 
formed from but one county, or to the Board of County Commissioners 
of the county from which the largest area of territory is proposed to 
be taken for the formation of such new county, in case said new county 
is to be formed from portions of two or more existing counties: and 
such Board of County Commissioners shall be empowered and have 
jurisdiction to do and perform all acts provided for to be done or per- 
formed in this Act, for each of the several counties from which any 
l)roposed 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 Coimty 
Commissioners of each of the several counties from which any territory 
is taken by the proposed new county; and all officers of any such county 
shall comply with the orders of the Board of County Commissioners, 
in the same manner as if said order had been duly made by the Board 
of County Commissioners of each respective county from which 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. 

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 



150 KI.ECTIOX LAWS OF >IONTANA 

county sought to be divided, to the effect that they have read said peti- 
tion and examined the signatures affixed tliereto, 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. 

Said petitioners shall, on or before the date fixed for said hearing, 
file with the said Board of County Commissioners a bond to be approved 
by said Board, in an amount of Five Thousand Dollars, payable to the 
county in which said petition is filed, conditioned that the obligors 
named in said bond will pay to said county all expenses incurred in 
the election provided for in this Act, not exceeding the amount specified 
in said bond, in the event that at the election herein provided for more 
than forty-two per cent of the votes cast at said election ai^e "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 



KLBCTION LAWS OF MONTANA ir>l 

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 within fif- 
teen miles of the court-house situate at the county seat of anj^ county 
proposed 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. 

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 
Avill be reasonably compact. 



152 ELECTION LAWS OF MONTANA 

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 Coiiimissioners 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 asses.sed valuation of less than Twelve Million 
Dollars, inclusive of the assessed valuation, nor the area thereof to less 
than twelve hundred square miles of surveyed land, and that the pro- 
posed new county contains property of an assessed valuation of at least 
Ten Million Dollars, inclusive of all assessed valuation, and that the pro- 
posed 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 signatures of at least fifty-eight per cent of 
the qualified electors of the i)roposed new county, or in cases where 
separate petitions aie 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 F^oanl of County Commissioners shall divide the proposed 



ELECTION LAWS OF MONTANA 15.1 

new county into a convenient number of township, road, and school 
districts, and define their boundaries and designate the names of such 
(iistricts. Said Board of County Commissioners shall also, if necessary 
for the purpose of the election hereinafter provided for, change the 
boundaries of the election precincts in said old county or counties to 
make the same conform to the boundaries of the proposed new county; 
provided, that^ the boundary lines of no such precinct shall extend be- 
yond the boundary lines of the then existing county in which it is 
located, and from which the territory is proposed to be taken; and said 
Board shall appoint election officers to act at said election and to be paid 
by said Board. Within two weeks after its determination of the truth of 
the allegations of said petition as aforesaid, the said Board of County 
Commissioners shall order and give proclamation and notice of an elec- 
tion 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 count3^ 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 



154 ELECTION LAWS OP MONTANA 

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

The proclamation calling the election and the notice thereof pro- 
vided for in this Act shall be made and given exclusively by the 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 list, 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 elec- 
tions for the creation of the county, and for officers and for locations of 
the county seat as provided for in this Act, shall be made to and can- 
vassed by the Board of County Commissioners of the county from which 
the largest area is taken by the proposed county. 

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

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

All nominations of candidates for the office required to be filled 
at said election shall be made in the manner 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 primai'y elections in this State, shall have application to any 
election provided for in this Act. 

4395. Measures to Be Taken After Election — Officei-s — Effect of 
Adverse V^ote. 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 



KI.ECTION LAWS OP MONTANA 155 

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 cjualifying 
in accordance with law and giving bonds for the faithful performance 
of their duties, as required by the laws of the State. The Clerk of the 
Board of County Commissioners with which said petition was filed, as 
herein provided, must immediately make out and deliver to each of said 
persons so declared and designated to be elected, a certificate of 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, the years said officers are to hold office 
are to be computed respectively from and including the first Monday 
after the first day of January following the last preceding general 
election. If, however, upon such canvass it appears that more than forty- 
two per cent of the votes cast at said election are '"for the new county 
of ," "No," the Board of County Commissioners 

canvassing said vote as provided herein shall pass a resolution in ac- 
cordance therewith, and thereupon the proceedings relating to division 
of such county or counties shall cease; and no other proceedings in 
relation to anj^ 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 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 coun- 
ties, who may reside within the proposed new county, shall be deemed 
to be officers of said new county if they file with the Board of County 
Commissioners, whose duty it shall be to call the election, within five 
days after the final hearing and determination of said petition for such 



15« ELECTION LAWS OF MONTANA 

proposed new county, their intention to become officers of said proposed 
new county, and the Board of County 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, qualified, 
and acting Justices of the Peace and Constables residing within the 
pi'oposed new county at the time of the division of such county into 
townships, as hereinbefore in Section 4394 provided, shall hold office 
as such Justices of the Peace or Constables in said county for the 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 
they reside, when said townships are organized as provided in this Act: 
provided, further, that all duly elected, qualified, and acting School 
Trustees residing within the proposed new county at the time of the 
division of such county into school districts, as hereinbefore in Section 
4394 provided, shall hold office as School Trustees in said new county for 
the remainder of the term for which they were elected on qualifying as 
School Trustees for the respective districts in which thej^ reside, as said 
districts are organized as provided by this Act. Each person elected 
or appointed to fill an office of such new county under the provisions 
of this Act shall qualify in the manner provided by law for such 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 by 
the laws of the State of Montana to administer oaths, and the bond of 
any officer from which a bond is required shall be approved by any 
Judge of the District Court of the district to which such new county is 
attached for judicial purposes. The officers elected or appointed under 
the provisions of this Act shall each perform the duties and receive the 
compensation now provided by general law for the office to which he 
has been appointed or elected in the counties of the class to which such 
new county shall have been determined to belong, as herein provided 
under the general classification of counties in this State. 

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



ELECTION liAWS OF MONTANA 157 

4405. State Senator an<l MeiiihtM- of House of Xew Toiinty. 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. 

440(>. Misdeiiieaiioi- 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 ma}^ 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 law^s 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. 

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- 



158 ELECTION LAWS OF MONTANA 

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 tlie 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 countj^ whose 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 
(30) nor more than thirty-five (35) days after the date when said order 
is made, and shall cause a notice to be published in the official news- 
paper of the county to the effect that such petition has been presented 
to such Board asking for the abandonment and abolishment of the 
county and that said Board will meet at the time specified in said order 
for considering and taking final action on said petition, at which time 
any and all registered electors of the county interested therein may 
appear and be heard thereon. Such notice shall be published once a 
week for two (2) successive weeks immediately following the making 
of such order. 

At any time prior to five (5) days before the date fixed for con- 
sideration and final action on such petition fifty per centum (50%) 
of the registered electors residing within a particular part or portion 
of such county, may file with the County Clerk of such county a petition 
in writing signed by them praying that the part or portion of such 
county within which such petitioners reside shall not be attached to the 
county designated in the petition for abandonment but shall be attached 



ki,|<x;ti<)x laws of Montana i5» 

to some other adjoining county, wiiicli petition shall definitely, i)articu- 
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 coun- 
ty 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 count3^ be abandoned and abolished and its territory at- 
tached 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 count}' : 

( 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 (509f) 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 jwrtion of .said county 



160 ELECTION LAWS OP MONTANA 

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 aban- 
doned. 

Section 5. Upon receipt of a certified copy of the resolution pro- 
vided for in Section 4 of this Act, the Governor shall, within ten days 
thereafter, issue his proclamation calling a special ejection in the covmty 
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 
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 i)roclamati()n shall be filed in the office 



ELECTION LAWS OF MONTANA IM 

of the Secretary of State and copies thereof shall be transmitted V)y 
the Governor to the County Clerk of each of the counties in which such 
election is to be held. 

Section (i. 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 reqtiired 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 the registration books and shall cause 
the same to be closed at the time and in the manner provided by the 
general registration and election laws of this State. 

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



n 



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 abol- 
ished. 

Said election shall be held, voted, counted and returns made and 
canvassed in the manner provided b^^ 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) 



n 



162 ELECTIOX I.AWS OF MONTANA 

days after receiving such abstracts from all counties in which such 
election was held, and on notice from the Secretary of State, the Board 
of State Canvassers shall meet and canvass, compute and determine the 
vote, and the Secretary' of State, as secretary of such Board must make 
and file in his office a statement thereof and transmit a copy thereof to 
the Governor, l^pon 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. 

SiTtion 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 OP COUNTY COMMISSIONERS RELATIVE TO 

ELECTIONS 

4465.2. The Board of County Commissioners has jurisdiction 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. Coinini.ssionors to Provide Appliances for Holding Eleotion.s, 
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 



ELECTION LAWS OF MONTANA t«.l 

holding all elections in the county, and allow leasonable charges there- 
for, and for the transmission and return of the same to the proper 
officers. 

451(). Issiianoc of Ccrtififatos of Kh'cfiou, ;»s Board of Canvassers. 

Whenever, as canvassers, the Board of County Commissioners declare 
the result of any election held in the county, certificates must be by the 
Clerk of the Board issued to all persons elected to a county office or 
to a township or district office therein, and such other certificates must 
be made out and transmitted as required by the title relative to 
elections. 

CHAPTER 35(5 

COUNTY FINANCES— BONDS, AND AVARRANTS 

4(530.7. Petition and Election Requii'ed for Bonds Issued for Other 
Purposes. County bonds for any other purpose than those enumerated 
in Section 4G30.6 shall not be issued unless authorized at a duly called 
special or general election at which the question of issuing such bonds 
was submitted to the qualified electors of the county and approved, 
as provided in Section 4630.13; and no such bond election shall be 
called unless there has been presented to the Board of County Com- 
missioners a petition, asking that such election be held and such ques- 
tion be submitted, signed by not less than twenty per centum (20%) 
of the qualified electors of the county, who are taxpayers upon property 
within the county and whose names appear on the last completed as- 
sessment roll for State and county taxes. 

4(>30.8. 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 herein after provided. The 
petition shall give the postoffice address and voting precinct of each 
person signing the same. 

Only persons who are qualified to sign such 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. 



164 KLFfTIOX LAWS OF MONTANA 

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

If it is found that the petition is in proper form, bears the requisite 
number of signers of qualified petitioners, and is in all other respects 
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 pui'- 
pose of the issue, the term of j'^ears 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 preceding the election in the official newspaper of the county. 

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

If the question of issuing bonds is submitted at a general election, 
the polls shall be kept open during the same hours as are fixed for 
such general election and the judges and clerks for such general elec- 
tion shall act as the judges and clerks for such bond election. 



KLECTION LAWS OF MONTANA 165 

4630.11. Form of Ballots and Condiict of Election. The form of 
ballots shall be as prescribed by Section 4722; but if bonds are sought 
to bo issued for two (2) or more separate purposes, then separate ballots 
must be provided for each purpose. The election shall be conrlucted 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. 

4(«0.12. Who Are Entitled to Vote. In all county bond elections 
hereafter held only qualified registered electors residing within the 
countj', who are taxpayers upon property therein and whose names ap- 
pear upon the last completed assessment roll for State, county and 
school district taxes, shall have the right to vote. Upon the adoption of 
the resolution calling for the election, the County Clerk must cause to be 
published in the official newspaper of the county a notice, signed by 
him, stating that registration for such bond election will close at noon 
on the fifteenth day prior to the date for holding such election and at 
that time the registration books shall be closed for such election. Such 
notice must be published at least ten (10) days prior to the day when 
such registration books will be closed. 

After the closing of the registration books for such election the 
Countj^ 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, 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. 

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. 



166 ELECTION LAWS OP MONTANA 

pass and adopt a resolution providing for the issuance of such honds. 
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 jnay be 
issued and sold in two or more series or installments. 

CHAPTER 358 
BOND ISSUE AND TAX LEVY FOR BRIDGE CONSTHl CTION 

4713. Increased Tax Levy for Road and Bridge ronstruction. 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 
people at some general or special election, and shall be submitted in the 
following form, inserting the number of mills proposed to be levied: 

"Shall there be an increased levy of mills upon the taxable 

property of the County of , State of Montana, for 

the purpose of constructing roads and bridges? 

n Yes. 

D No." 

471.5. Majority Vote Required. A majority of the votes cast shall 
be necessary to adopt such measure. 

471(}. Collection of Tax. Such levy shall be collected in the same 
manner as other road taxes are collected. 

CHAPTER 3i59 

giESTION OF RAISING MONEY TO BE SUBMITTED 

TO A VOTE 

(Constitutional Provisions, Art. XIII, Sec. 5) 

4717. Coninii.s.sioners 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 purpose 
to an amount exceeding Ten Thousand Dollars, without the approval 
of a majority of the electors of the county, and without first having 
sulmiitted 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. 



ELECTION LAWS OF MONTANA 1«7 

4718. Comniissioners 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 LK)an 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 electors of any county, at a general 
or other election, when, at the same time, candidates for National, 
State, or county office or offices are to 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 
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: 

n For (stating propositions.) 

n 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 



168 ELECTION LAWS OP MONTANA 

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 3()0 
GOVERNMENT OF COUNTIES 

(Constitutional Provisions, Art. XVI, Sec. 4-6.) 

4723. General Qualifications for County Office. No person is eligi- 
ble 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 eligi- 
ble 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 tlie District Court; 

A Sheriff; 

A County Auditor, except in the sixth, seventh, and eighth class 
counties; 

A County Attorney; 

A Surveyor; 

A Coroner; 

A Public Administrator; 

An Assessor; 

A County Superintendent of Common Schools; 

A Board of County Commissioners. 

472(i. 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 



I 



ELECTION LAWS OF MONTANA 169 

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. 

The Country 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 any two (2) or more of the within named offices, and 
shall cause the said order to be published in a newspaper, published 
and circulated generally in said county, for a period of six (6) weeks 
. next following the date of entry of said order. 

(As amended by 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 

,^'- rstfj,.,. T"-p o'pction an""' ♦^prpi> (if office nf ^^istrict .Tirlses and 
Justices of the Peace are provided for in the Code of Civil Procedure. 

CHAPTER .374 
COUNTY MANAGER FORM OP GOVERNMENT 

49.14.1. 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. 

49.'>4.2. Method of Adoption, (a) Upon a petition filed with the 
Board of County Commissioners signed by not less than 20 per cent of 
the whole number of voters who voted at the last general election 
asking that a referendum be held on the question of adopting the county 
manager form of government, it shall be the duty of the Board of 
County Commissioners to submit the question at the next regular 
election or call a special election for the purpose. If a special election 
is called it shall be held not more than ninety days nor less than sixty 
days from the filing of the petition, but not within thirty days of any 
general election. The question submitted shall be worded: 



170 ELECTION LAWS OF MONTANA 

"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 desighated in the petition or resolution. Provided: 
That no elected official then in office, whose position will no longer be 
filled by popular election, shall be retired prior to the expiration of his 
term of office, but that from and after the establishment of such form 
of government, his duties shall be such duties as are assigned to him 
by the County Manager. 

4954.2:$. The Recall 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 daj^s 
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 numbei- 
to at least ten per cent of the entire number of persons registered to 
vote at the last preceding general election. The ballot for such special 
election shall be in substantially the following form: 

"OFFICIAL BALLOT 

Special election for the balance of the unexpired term of 

for 

(Vote for one only) 

(Name of candidate) 

(Name of present incumbent) 

(Official ballot attest) 

Signature 

Director of Finance." 



KLKCTION LAWS OF MONTANA 171 

The successor of any officer so removed shall hold (jffice 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 f'inance shall place his name on the 
official ballot without nomination. In case of any such removal (lec- 
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 commission, 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 

CLASSIFICx^TlOX AND ORGANIZATION OF CITIES 

AND TOWNS 

4JM)1. 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 sit- 
uated, which petition must describe the limits of the proposed city or 
town, and of the several wards thereof, which must not exceed one 
square mile for each five hundred inhabitants resident therein. The 
petitioners must annex to the petition a map of the proposed territory 
to be incorporated, and state the name of the city or town. The petition 
and map must be filed in the office of the County Clerk. Upon filing 
the petition, the Board of County Commissioners, at its next regular 
or special meeting, must appoint some suitable person to take a census 
of the residents of the territory to be incorporated. After taking the 
census, the person appointed to take the same must return the list to 
the Board of County Commissioners, and the same must be filed by it 
in the County Clerk's office. No municipal corporation must be formed 
unless the number of inhabitants is three hundred or upwards. 

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 territoz'y 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 
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. 



172 ELECTION LAWS OF MONTANA 

4{l(i;J. 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 to\\Ti, 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. 

4!)(i4. Officers Elected and Conduct of Election. At such election 
there must be elected, in a city of the first class, a Mayor, a Police 
Judge, a City Attorney, a City Treasurer, a City Marshal, and two 
Aldermen from each ward into which the city may be divided; in a 
city of the second class, a Mayor, a Police Judge, a City Treasurer, a 
City Marshal, and two Aldermen from each ward; in a town, a Mayor, 
and two Aldermen from each ward, who hold office until the first 
Monday of May after the first annual election, and until their successors 
are elected and qualified. The persons so elected must qualify in the 
manner prescribed by law for county officers. The Board of County 
Commissioners must appoint judges and clerks of election, and canvass 
and declare the result thereof. The election must be conducted in the 
manner required by law for the election of county officers. 

49(i7. Old Officers Continue in Office— Election. All officers of 
such city or town holding office at the time of the adoption of this 
Code remain in office until the next annual election and the first 
Monday of May next ensuing thereafter, and until their successors are 
elected and qualified. The duties and compensation of such officers and 
the liabilities of sureties 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 OP CITIES AND TOWNS 

4J)71. New Officers — Election. The first election of officers of 
the new municipal corporation organized under the provisions of this 
chajner 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 (jualified. 

CHAPTEH :J7S 

ADDITIONS TO CITIES AND TOWNS 

497!). 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 
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 



ELECTION LAWS OP MONTANA 173 

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 nr \u\ >,iir 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 Fii-st Class. The officers of a city 

of the first class consist of one Mayor, two Aldermen for each ward, 
one Police Judge, one Citj' 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 Alder- 
men 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 bj^ 
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 



174 KLECTION LAWS OF MONTANA 

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- 
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. 

(As amended by Chapter 39, Laws of 1943.) 

5003. Annual Election in Cities and ToAvns — 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 Treasuer 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 anj' 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. 



KLECTION LAWS OF MONTANA 175 

500!). Kt*s>^ *>■«»*'<>" <>*' 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 proviiled. 

5010. Qualificatioiis of Electors. All qualified electors of the State 
who have resided in the citj' or town for six months and in the warri 
for thirty days next preceding the election are entitled to vote at any 
municipal election. 

5011. The Council or other governing body must appoint judges 
and clerks of election, and places of voting. Where the city or town is 
divided into wards there must be at least one voting place in each ward 
and there may be as many more as the Council or other governing 
body shall fix, and the elector must vote in the ward in which he 
resides. In cities and towns divided into wards the election precincts 
must correspond with the w^ards, but a ward may be subdivided into 
several voting precincts, and when so divided the elector shall vote 
in the precinct in which he resides. In cities and towns operating 
under the commission, or the commission-manager plan of municipal 
government, where there are no wards for election purposes and the 
officers of the city or town are elected at large, the election precincts 
shall correspond with the election pi'ecincts in such city or town as 
fixed by the Board of County Commissioners for State and county 
elections, but such precincts may be by the city commission divided 
into as many voting precincts, to facilitate the voting and counting 
of the vote, as the city commission shall by ordinance provide, and 
the elector shall vote in the voting precinct so designated, in vv^hich 
he resides. For all municipal elections the City Council or other govern- 
ing body may appoint a second or additional Board of Election Judges 
for any voting precinct in which there were cast three hundred and 
fifty (350) or more votes in the last general city election or in which 
Council or other governing body believes as many as three hundred 
and fifty (350) ballots will be cast in the next general city election, 
and such additional Board of Election Judges shall have the same 
powers and duties, and under the same conditions, as the second or 
additional Board of Election Judges for general elections appointed by 
Boards of County Commissioners under the provisions of Section 587 
of the Revised Codes of Montana of 1935, as amended by Chapter 61 
of the Laws of the Twenty-fifth Legislative Assembly of the State 
of Montana. In all cities and towns where voting machines are used, 
the City Council or other governing body must arrange the precincts 
so that there will be no more than six hundred (600) votes in any 
voting precinct. Provided that in municipal corporations of less than 
one thousand five hundred (1,500) population, as determined by the 
last official census the council or other governing body may by or- 
dinance provide that there shall be but one polling or voting place for 
municipal elections, notwithstanding the number of wards or pre- 
cincts in the municipality otherwise provided for. All municipal elec- 
tions must be conducted in accordance with the general laws of the 
State of Montana relating to such election. 

(As amended by Chapter 124, Laws of 1947.) 



17« KI.KCTION LAWS OP MONTANA 

.■>012. 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- 
alitj^ 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 officei's 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 
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.(>1 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- 



KLECTION LAWS OF MONTANA 177 

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.(>3. Pui-i)«>se for Which Indebtedness May Be Incurred — Ijiini- 
tation — Additional Indebtedness for Sewer or Water System — Procuring 
Water Supply and System — Jurisdiction of Public Works Appurten- 
ances. The City or Town Council has power: To contract an indebted- 
ness 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 heretofore referred to, of the total assessed 
valuation of the taxable property of the city or town as ascertained 
by the last assessment for State and county taxes; and, provided 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 
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 



I 



178 ELECTIOX LAWS OP MONTANA 

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, appropriation, location, condemnation, or otherwise. 
Cities and towns shall have jurisdiction and control over the territory 
occupied by their public works, and over and along the line of 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. Establi-shnient 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 assessed 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 in- 
crease has been first submitted to a vote of the taxpavers affected there- 
by. 

oOoiK 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 Librarj' — 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. Ijibrary to Be Established AV^hen 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 

50.")8. Initiative in Citie.s — Petition. Ordinances may be proposed 
by the legal voters of any city or town in this State, in the manner pro- 



KI.KCTIOX LAWS OF MONTANA 179 

vided in this Act. Eight per cent of the legal voters of any city or town 
may propose to the City or Town Council an ordinance on the subject 
within the legislative jurisdiction and powers of such City or Town 
Council, or an ordinance amending or repealing any prior ordinance or 
ordinances. Such i)etition 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 peti- 
tion to the Council, pass an ordinance similar to that proposed in the 
petition, either in exact terms or with such changes, amendments, or 
modifications as the Council may decide upon. If the ordinance pro- 
posed by the petition be passed without change, it shall not be submit- 
ted 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 
bi-ought in the District Court in and for the County in which the city 
or town is situated, to determine whether or not the change is material. 
Such suit may be brought in the name of any one or more of the peti- 
tioners. 

The city shall be made the party defendant. Any elector of the 
city or town may appear in such suit in person or by counsel on the 
hearing thereof, but the Court shall have the power to limit the number 
of counsel who shall be heard on either side, and the time to be allowed 
for argument. It shall only be necessary to state in the complaint that 
a petition for an ordinance was filed in pursuance of this Act: that 
the Cit}'- 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 
thereb}', 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 ;:!ropn.sed in the petition, then the ordinance proposed 
by the petition shall be submitted to the people. Before submitting such 



180 ELECTION LAWS OF MONTANA 

ordinance lo 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 

. 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 not 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 ordinarj^ 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. 



ELECTION LAWS OF MONTANA 18t 

.■>0()2. Rofereiuluni to Be Had at RcRular Klection. 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 sijch 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 ordi- 
nance 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. 

5064. Proclamation of Election. Whenever a measure is ready for 
submission to the electors, the Clerk of the city or town shall, in writing, 
notify the Mayor thereof, who, forthwith, shall issue a proclamation 
setting forth the measure and the date of the election or vote to be had 
thereon. Said proclamation shall be published four days in four con- 
secutive 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 proclamation 
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 for voting on 
questions submitted to the electors, under the provisions hereof, shall 
be the same as those required for voting at municipal elections in the 
city or town at elections for Mayor or Aldermen thereof. And where, 
by the laws of the State, or by ordinance of the city or town made in 
pursuance thereof, electors are required to register in order to be 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 initiative and referendum, and 
be regulated by such laws, except as otherwise provided in this Act. 



182 ELECTION LAWS OF MONTANA 

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. 

.KMiS. To What Oidinaiicos Applicable. The provisions of this Act 
regarding the referendum shall not apply to ordinances which are 
required by any other law of the State to be submitted to the voters 
or the electors or taxpayers of any city or town. 

CHAPTER 384 

MUNICIPAL CONTRACTS AND FRANCHISKS 

5074. Franchise, How Granted. The Council must not grant a 
franchise or special privilege to any person save and except in the 
manner specified in the next section. The powers of the Council are 
those only expressly prescribed by law and those necessarily incident 
thereto. 

.5075. Grant of Franchi.se Must Be Submitted to Taxpayinj? 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 
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. 

,507(5. 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 
ballots must contain the words, "For granting franchise," "Against 
granting franchise," and in voting, the elector must make a cross thus, 
"X," opposite the answer he intends to \'ote for. Such election must be 
conducted 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 "l<'or granting franchise," the Mayor and 
City Council must thereupon grant the same by the passage and 
approval of a proper ordinance. 

( HAI'TER ;18!) 

Ml NICIPAL COURTS 

5094.3. Election of .ludges — Term of Office. There shall be elected 
at the general city election in the year 193G in all cities with a popula- 
tion of twenty thousand (20,000) and over, one Judge of Municipal 
Court. The term of such .ludge so elected shall commence on the first 
Monday in May, 193G, and terminate on the first Monday in May, 1938. 
Thereafter, Judges of Muiiicii)al 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 



KLECTION LAWS OF MONTANA 183 

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 pai'ty 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 

514;). ("oniinissioiu r Kx-Otfitio Dii ectors of Vivv Districts — Issu- 
ance ot Bi;nds — Liniitatioii on Amount — Election — Tcinj. 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 duly established 
fire district in unincorporated towns or villages within this State shall, 
whenever a majority of the directors so decide, submit to the electors 
of the district the question of whether the Board shall be authorized 
to issue bonds to a certain amount, not to exceed three per cent of the 
per centum 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. 

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 



I S 4 KLKCTION LAWS OF MONTANA 

whose names do appear on such assessment l^ooks 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 
certificate 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 affidavit, before one of such judges of election, stating that he 
actually resides within the limits of such fire district, and all such 
affidavits shall be preserved and delivered to the Board of Directors 
of the district at the same time the returns are delivered to such Board. 
The polls for such election shall be opened at 1 o'clock in the afternoon 
and remain open until 6 o'clock in the 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 
affidavits 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 
substantially in the following form: 

"Shall bonds be issued and sold to the amount of 
dollars and bearing not to exceed (V:'f interest pei- annum and for a 
period not exceeding years for the purpose of 

(state purpose)." 

D BONDS— YES. 

D 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 
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 signer! 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 
INDEBTKDXKSS OF CITIES OR TOWNS — BONDS 

(Constitutional Provisions, Art. XIII, Sec. 6) 

ol9~). Cities and Towns May Raise Money by Taxation in Excess 
of Levy Now Perniitti'd, 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 



ELECTION LAWS OP MONTANA 185 

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 
additional levy is so submitted, notice thereof shall be given by pub- 
lication for at least thirty days prior to such election in every news- 
paper 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. 

.■)t97. Submission of Question to State Object of Levy — Use of 
Ftinds — Balance. The submission of said question shall expressly pro- 
vide for what purpose such additional levy is to be made, and, if 
authorized, 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 accom- 
phshed, such balance may, by vote of the Council, be transferred to 
any other fund of said citj- 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). 

D Against additional levy. 

D 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. 

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, tow^n, school district or 
other municipal corporation, required by law^ to be submitted to a vote 
of the electors thereof. 



180 ELECTION LAWS OP MONTANA 

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 
5G8, 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 Taxpayers. When- 
ever the council or commission 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 what- 
ever, under its powers as set forth in any statute or statutes of this 
state, or amendments thereto, the question of issuing such bonds shall 
first be submitted to the electors of such city or town who are qualified 
to vote on such question, in the manner hereinafter set forth; provided, 
however, that it shall not be necessary to submit to such electors the 
question of issuing refunding bonds to refund bonds theretofore issued 
and then outstanding: provided further that no refunding bonds shall 
be issued unless such refunding bonds shall bear interest at a rate of 
at least one-half of one per cent (% of 17c) less than the interest rate 
of the outstan(Ung bonds to be refunded. In order to issue bonds to re- 
fund bonds theretofore issued and outstanding it shall only be neces- 
sary for the council, at a regular or duly called special meeting, to pass 
and adopt a resolution setting forth the facts with regard to the in- 
debtedness to be refunded, showing the reason for issuing such refund- 
ing bonds, and fixing and determining the details thereof, giving notice 
of sale thereof in the same manner that notice is required to be given 
of sale of bonds authorized at an election and then following the pro- 
cedure in this Act for the sale and issuance of such ])onds. 

(As amended by Chapter 62, Laws of 1945.) 

5278.6. Petition foi- Election — Form — Pi^>of. 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 1st, 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 
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- 



KLECTION LAWS OP MONTANA 187 

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 pi-ovided. 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 
subscribed to such petition, are possessed of all of the qualifications 
recjuired 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 ciualified 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 sub- 
mitted to the qualified electors of the city or tov^m at the next general 



188 ELECTION LAWS OF MONTANA 

city or town election, or at a special election which the council may 
call for such purpose. 

5278.S. 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 pro- 
posed 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: 

D FOR (stating the proposition). 

n 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 



i 



KliECTION LAWS OP MONTANA 189 

voles 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 I'oll for State and county taxes, as tax- 
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 eitbor a 
general or special election, not less than forty per centum (40%) 
of the qualified electors entitled to vote on such proposition or question 
must vote thereon, otherwise such proposition shall be deemed to have 
been rejected; provided, however, that if forty per centum (40%) or 
more of such qualified electors do vote on such proposition or question 
at such election, and a majority of such votes shall be cast in favor of 
such question or proposition, then such proposition or question shall be 
deemed to have been adopted and approved. 

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 



I 



190 ELECTION LAWS OF MONTANA 

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 thej- 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 advanta- 
geous to issue bonds in that form, and shall adopt a form of notice of 
the sale of the bonds. 

The Board may. in its discretion, provide that such bonds may be 
issued and sold in two (2) or more series or installments. 

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 
propertj' therein, inclusive of the existing indebtedness thereof, to be 
ascertained by the last assessment for State and county taxes i)revious 
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 to^vn 
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. 

529:J. EIrction. The vote upon such proposition shall be hat! at an 
election for that purpose to be held, conducted, counted, and results 
ascertained and determined in the manner and by the same officers 
provided by law for general elections, except as otherwise herein pro- 
vided, and the proposition to be submitted shall he upon printed tickets 
or ballots, upon each of which shall bo printed the following: "P'or 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 dispo.sed of in the manner 



ELECTION LAWS OF MONTANA 101 

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 sriven 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 county in which such election is to be held, or the Council of the 
incorporated city or town, as the case may be, shall give notice of such 
election, stating the objects thereof, the time and place of holding the 
same, such conditions of the contract as in their judgment are proper 
and necessary to enable the electors to vote intelligently upon the prop- 
osition submitted to them, the amount of bonds proposed to be issued, 
when paj'able, and the interest they are to bear, with a description of 
the tickets or ballots to be used, in some newspaper printed and pub- 
lished and circulated in the county, or city, or town, as the case may 
be, in which such election shall be held, at least three times a week 
for at least six consecutive weeks next preceding such election, and if 
no newspaper be printed, published, and circulated therein, then in some 
newspaper printed and published in some county nearest thereto. 

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 i^egistration 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 with- 
in such citv. 



192 ELECTION LAWS OP MONTANA 

53G9. 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 
substantiallj' 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 ot Result of Election — Xo Further Election for 
Two Years. If such proposition is adopted, the Maj^or shall trans- 
mit to the Governor, to the Secretary of State, and to the County Clerk 
and Recorder, each, a certificate stating that such proposition was 
adopted. 

If such proposition shall not be adopted at such special election, 
such proposition shall not again be submitted to the electors of such 
city within a period of two years thereafter. 

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 
thereui)on 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 consecuti\'e 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 Liniit.s and 
Property. All laws governing cities of the first, second, and third 
classes, and not inconsistent with the provisions of this Act, shall apply 
to and govern cities organized under this Act. All by-laws, ordinances, 
and resolutions lawfully passed and in force in any such city under its 
former organization shall remain in force until altered or repealed 
by the council elected under the provisions of thi."^ 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 



ELECTIOX LAWS OP MONTANA 193 

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. In every city of the third class, there shall be a mayor 
and two councilmen; in every city of the second class, a mayor and two 
councilmen; in every city of the first class having a population of less 
than twenty-five thousand (25,000), a mayor and two (2) councilmen, 
and in every city of the first class having a population of twenty-five 
thousand (25,000), or more, a mayor and four (4) councilmen, and the 
mayor and all councilmen shall be elected at large. 

Vacancies in the office of Mayor or Councilmen shall be filled by 
appointment made by a majority vote of the remaining members of the 
council, and if. in filling such vacancy, a tie vote should occur, then the 
person to fill said vacancy shall be determined by lot in such manner as 
said council may provide. A person appointed to fill any such vacancy 
shall hold his office until the next general election and until his suc- 
cessor 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. 

(As amended by Chapter 18, Laws of 1945.) 

5375. Beginning of Tei-ni 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. 

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- 



194 ELECTION LAWS OP MONTANA 

after, and which thereof shall hold the office of Councilman, the term 
of which expires two years thereafter. 

5377. Nomination of Candidates — Pi'iniary 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 hour^, 
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 1 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, 
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, anci ciualitied, in our judgment, tor the duties of such 
office. 

Names of qualifying Electors. Number. Street. 



ELECTION LAWS OF MONTANA 195 

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. 

Immediatelj- 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.) 

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 



196 ELKCTIOX LAWS OF MONTAXA 

the last general municipal election. The persons who are qualified to 
vote at the general election shall be qualified to vote at such primary 
election and any person offering to vote may be orally challenged by 
any elector of the city upon any or all of the grounds set forth and 
specified in Section 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 incorportion 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. 

5377.1. Receipt of >Ia.jorit.v of All Vote.s 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 



ELECTION LAWS OP MONTANA 197 

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 
primarj' 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 lor 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. 

.■>378.1. Fees for Filing for Office. Every candidate for Mayor and 
every candidate for Councilman in cities operating under the com- 
mission form of government shall, at the time of filing his nominating 
petition pay the following fees to the City Clerk as filing fee: A candi- 
date for Mayor shall pay twenty dollars ($20.00), and a candidate for 
Councilman shall pay fifteen dollars ($15.00). 

5379. Bribery — False Answers 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 Hun- 
dred 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 ri^rht to nccuoy 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 



198 ELECTION LAWS OF MONTANA 

to 0CCUP3' or use the streets, highways, bridges, or pubUc places in any 
such city shall be granted, renewed, or extended, except by ordinance, 
and every franchise or grant for interurban or street railways, gas, or 
water-works, electric light, or power plant, heating plant, telegraph or 
telephone systems, or other public service utilities, or renewal or 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 holder 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 daj^s 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 maj' 
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 for 
holding said election, not less than seventy days nor more than eighty 
days from the date of the Clerk's certificate to the Council that a 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 



ELECTION LAWS OP MONTANA 199 

vote at the last preceding general municipal election, which said state- 
ment of candidacy and petition shall be substantially in the form set 
out in Section 5377 of this Code, so far as the same is applicable, sub- 
stituting the word "special" for the word "primary" in such statement 
and petition, and stating therein that such person is a candidate for 
election instead of nomination. The ballot for such special election 
shall be in substantially the following form: 

Official Ballot. 

Special election for the balance of the unexpired term of 

as for 

(Vote for one only.) 

(Name of candidate.) 

Name of present incumbent. 

Official ballot attest. 

(Signature) 

City Clerk. 

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 Sxibmittetl — 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. 



200 ELECTION LAWS OF MONTANA 

But if the petition is signed by not less tlian ten nor more than 
twent3-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 occuring after 
the Clerk's certificate of sufficiency is attached to said petition. 

The ballots used when voting upon said ordinance shall contain 
these words: "P^or 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 (lualified 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 anj' 
ordinance proposed by the petition of which shall be adopted by a vote 
of the people cannot be repealed or amended except by a vote of the 
people. 

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

The Council maj^ 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 majoritj^ 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 w^eekly 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 therein provided. 

5397. Abandonment of Commission Form. Any city which shall 
have operated for more than one year under the provisions of this Act 



BLECTIOX LAWS OF MONTANA 201 

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 election, 
a special election shall be called, at which the following proposition 
only shall be submitted: 

"Shall the City of (name the city) abandon its organization vuider 
Chapter 57 of the Acts of the Twelfth Legislative Assembly and be- 
come a city under the general law governing cities of like population; 
or if formerly organized under special charter shall resume said special 
charter?" 

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

The sufficiency of such petition shall be determined, the election 
ordered and conducted, and the results declared, generally as provided 
for by Section 5394 of this Code, insofar as the provisions thereof are 
applicable: or if now organized under special charter, may resume said 
special charter. Whenever the form of government of any city is de- 
termined by a vote of the people under the 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 

COMMISSTOX-MAXAGER 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 



202 ELECTION LAWS OF MONTANA 

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 daj's 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 new^spaper 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 
containing this Act) of the Acts of the Fifteenth Legislative Assembly," 
and shall be substantially in the following form: 

For reorganization of the (city, town) of (name of city or town) 
under Chapter (name of chapter containing this Act) of the Acts of 
the Fifteenth Legislative Assembly. 

Against reorganization of the (city, town) of (name of city or 
town) under Chapter (name of Chapter containing this Act) of the Acts 
of the Fifteenth Legislative Assembly. 

Such election shall be conducted, and vote canvassed and result 
declared in the same manner as provided by law in respect to other 
municipal elections. 

.5404. Certificate of Result of Election — Election Not to 15e 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 Comniissionei's. 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 munici- 
pality shall be entitled, which order shall specify the time of holding 
such election, which must be within ninety days after the making of 



KLECTION LAWS OP MONTANA 20:J 

such order, and the Mayor shall thereupon issue a proclamation setting 
forth the purpose for which such special election is held and the day 
of holding the same, which proclamation shall be published for ten 
successive days in each daily newspaper published in such municipality 
if there be such, otherwise for two successive weeks in each weekly 
newspaper published therein, and a copj' thereof shall also be posted 
at each voting place within said municipality and also in five of tlje 
most public places in said municipality. 

M06. Manner of Conducting Election — Canvassing Votes. Such 
election shall be conducted, the vote canvassed, and the result declared 
in the same manner as provided by law in respect to other municipal 
elections. 

5407. Laws Governing City — Ordinances — Territorial Limit.s 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 proA-isions 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 anj' 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, 
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 judgm.snt of the Board of County Commissioners, provide 
fcr 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- 



204 ELECTION LAWS OF MONTANA 

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 
(lualify in the manner prescribed by law for county officers. 

5409. Powers of Municipalities I'nder Com mission — 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 l)ody 
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 ])equest, 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 all 
the subjects or objects which the municipality may lawfully tax; may 
borrow money on the faith and credit of the municipality by the issue 
or sale of bonds or notes of the municipality; may appropriate money 
of the municipality for all lawful purposes; may create, provide for, 
construct, regulate and maintain all things of nature of public works 
and improvements; may levy and collect assessments for improvement 
districts and other local improvements; may license and regulate per- 
sons, corporations, and associations engaged in any business, occupa- 
tion, profession, or trade; may define, prohibit, abate, suppress, and 
prevent all things detrimental to the health, morals, comfort, safety, 
convenience, and welfare of the inhabitants of the municipality, and all 
nuisances and the causes thereof; may regulate the construction, height, 
and the material used in all buildings, and the maintenance and occu- 
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. 



ELECTION LAWS OF MONTANA 205 

r>41(L Form ot (Government to Be Known as "Commission-Manager 
rian" — Composition of t^om mission — Powers. The form of government 
pr(»vi(led lor in this chapter shall be known as the "commission-manager 
plan." and shall consist of a commission of citizens, who shall be elected 
at large in the manner hereinafter provided. The commission shall 
ct)r.sist (if three (3) conmiissioners tor all municipalities having a 
population of less than fifteen thousand (15,000) and five (5) commis- 
sioners for all cities having a population of fifteen thousand (15,000) 
or more. Tlie commission shall constitute the governing body, with 
powers as hereinafter provided, to pass ordinances, adopt regulations 
and appoint a chief administrative officer to be known as the "city 
manager," and exercise all powers as hereinafter provided. 

(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 ot me 
term of office of the Commissioners first elected under the provisions 
of this Act siiall 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 haAing 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. Ihe 
terms of office for all other candidates shall expire on che 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 
unexpired 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 
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- 



20r. KLKCTION LAWS OF MONTANA 

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 official business, nor to anj' other employee 
or official of said city on official business who exhibits written author- 
ity signed by the City Manager. 

5414. Noiniiiatioii 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 primarj^ 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. 

1. , being first duly sworn, say that I reside 

at street (city, town) of . . 

County of— , State of Montana; that I am a qualified 

voter therein; that I am a candidate for nomination to the office of 
Commissioner to be voted upon at the primary election to be held on 
the last Tuesday of August, 19 , and I hereby request that my 

name be printed upon the official primary ballot for nomination by such 
primary election for such office. 

(Signed) - - - 

Subscribed and sworn to (or affirmed) before me by -.. 

on this day of -.., 19 

(Signed) . 

And shall at the same time file therewith the petition of at least 
twenty-five qualified 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- 
\i(lually certify (hat we have not signed similar petitions greater in 
number than the number of Commissioners to be chosen at the next 
general municipal election. 

Names of Qualifying Electors. Number. Street. 

(Space for Signature.) 



KLECTIOX LAWS OF MONTANA 207 

Slate 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 i^etition for f unuidates, 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 facsimile of his signature. 

5415. Ballot.s — 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 w^hite 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 substantiallj' 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. 



208 KKKCTION LAWS OF MONTANA 

Candidates for nomination to the office of Commissioner at the 
primary election. 



X 



X 



X 



X 



X 



John Doe 

Henry Smith 

George Jones 
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 TOG, 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 lilanks 
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 



KI-KCTIO.N LAWS OF MONTANA 200 

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. 

541(>. ArraiiKtMiu'iit 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 
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 Tuesday 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 nomina- 
tion 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. 

Anj^ 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 suffi- 
cient number of such blank petitions on file for distribution as herein 
provided. Prior to the issuance of such petition papers, an affidavit shall 
be made by one or more qualified electors and filed with the Clerk of 



210 ELECTION LAWS OP MONTANA 

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 
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 da^'s 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 V'acancies. 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 vacancv or 



KliKCTION LAWS OF MONTANA 211 

vacancies, the nominations therefor to be made by petition, which peti- 
tion for each candidate sliall be signed by at least twenty-five regis- 
tered electors, and shall be filed at least thirty c\nys 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 ^lajoiity Vote for or Agains^t 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 majoritj- 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. 

5428. Bribery — False AnsAvers Concerning Qualifications of Elec- 
tor — Voting by Disqualified Person. Any person offering to give a 
bribe, either money or other consideration, to any elector for the pur- 
pose of influencing his vote at any election provided in this Act, or any 
elector entitled to vote at any such election 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- 
actor and shall contain the proposed ordinance in full, and have printed 
or written thereon the names and addresses of it 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. 



212 ELECTION LAWS OF MONTANA 

5430. Signal iiies ami 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 sisaiatures of any sCich petition papers need not all 
be appended to one j'aper, but to each such paper there shall be attached 
a' affidavit bj' 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. 

54.31. Assembling an<l Filing of Petition Papers — Heating 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 orginal 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 
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. 

54.3.5. 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 



ELECTION LAWS OF MONTANA 213 

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 Or<linaiices of Coiiimission 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 — Bal- 
lots. 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 
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. 



214 ELECTION LAWS OF MONTANA 

5442. Ordinances Providing" for Expenditures, Bond Issues, Public 
Improvements Submitted to Electors — Preliminary Stei)s Prior to Elec- 
tion — Qualific^ttions 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 expenditvu'e, 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 monej^ shall be submitted, no 
person shall be entitled to vote unless qualified as in this section 
provided. 

5443. Oath and Bond of Commissionei*s. 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 Comhiission. 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 performed all duties imposed upon him by this Act, the ordi- 
nances of the municipality and the laws of the State, except that he 
shall have no power to veto any measure. He shall be recognized as the 
official head of the municipality by the courts for the purpose of serving 
civil 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. 



KLKCTION LAWS OP MONTANA 215 

544(i. Quoriiiii of Coininissioners — 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 Commissioners 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 Commission-* 
ers shall meet at such times as may be prescribed by ordinance or reso- 
lution, except that in municipalities having less than five thousand 
inhabitants, they shall meet regularly at least once and not more than 
four times per month, and in municipalities having more than five 
thousand inhabitants, they shall meet not less than once every two 
weeks. Absence from five (5) consecutive regular meetings shall ope- 
I'ate 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 Dlace of residence. All meetings of the Commission shall be pub- 
lic and any citizen shall have access to the minutes and records 
thereof at all reasonable times. The Commission shall determine its own 
rules and order of business and shall keep a journal of its proceedings. 

(Section 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. 

Upon the petition of not less than twenty-five per cent of the 
electors of such municipality registered for the last preceding general 
election, a special election shall be called, at which the following 
proposition only shall be submitted: 



2 1 (i ELECTIOX LAWS OF >IONTANA 

"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 special 
charter?" 

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

The sufficiency of such petition shall be determined, the election 
ordered and conducted, and the results declared, as provided for by the 
provisions of this Act, insofar as the provisions thereof are applicable. 
Whenever the form of government of a municipality is determined by 
a vote of the people under the provisions of this section, the same ques- 
tion shall not l)e 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 .551.5-5520 do not bear on elections and are omitted.) 

CHAPTER 409 
( ITY AND COVNTY CONSOLIDATED GOVERNMENT 

5.">2(>,1. Consolidated County and City Government Aiitliori/ed. 'I'he 
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. 

.>r>2(>.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 fiualified electors of the county. 

552().:t. F<»rni 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 



ELECTION LAWS OP MONTANA 217 

of such county at their next regular meeting, and such Board shall 
thereupon, 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 



D YES.* 

D 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; 
pi'ovided, however, that if any general election is to be held in such 
county after three months but within six months from the date of the 
making of such order then such order shall require such special election 
to be held at the same time as such general election. No primary election 
shall be held for the purpose of nominating candidates for members 
of the Commission hereinafter provided for, to be voted for at such 
special election, but such candidates shall be nominated directlj' by 
petition 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. 



218 ELECTION LAWS OP MONTANA 

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 
after thirty daj's 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 emei'- 
gency claimed is set forth and defined in a preamble thereto. The affirm- 
ative 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 sumitting 
the application therefor to the resident freeholders in the manner ])ro- 
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 bj^ 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. 

5.520.21. 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 



ELECTION LAWS OP MONTANA 219 

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 
Olerk and file in his office a certified copy of the ordinance, in the 
form in which it is to be submitted, within ten flays after final action 
on such ordinance by the Commission. 

5.">20.22. Time for Sul)iiiittiiig to Electors — Adoption on Favorable 
Vote. Upon receii)t of the certified copy of a proposed ordinance from 
the committee of the petitioners the Clerk shall certify the fact to the 
Commission at its next regular meeting. If a municipal election is to 
be held within six months but more than ninety days after the receipt 
of the Clerk's certificate by the Commission, such proposed ordinance 
shall be submitted to a vote of the electors at such election. If no such 
election is to be held within the time aforesaid the Commission may 
provide for submitting the proposed ordinance to the electors at a spe- 
cial 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 bj' the Commission shall be deemed repealed. 

.5520.24. Repealing Ordinances May Be Initiated — 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. 

5520.2.5. 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 submitted to a vote of the electors, 
it shall not become operative until the steps indicated herein have been 
taken. Referendum petitions shall contain the text of the ordinance, 
or part thereof, the repeal of which is sought. 



220 ELECTION LAWS OF MONTANA 

5520.26. Reconsideration of Measure by ComniLssion — 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 ordi- 
nance, or part thereof, be not approved by a majority of those voting 
thereon it shall be deemed repealed. 

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 Ordi- 
nance 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 issu- 
ance of bonds, or actual execution of the contract for such improvement, 
may be taken prior to the election. 

.5520.29, Petitions for Initiative, Referendum or Recall — Sicrna- 
tures — 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 
responsible for the circulation and filing of the petition. The affidavit 
attached to the petition paper shall be as follows: 



ELKCTION LAWS OP MONTANA 221 

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 Cti- 
tificate. All petition papers comprising an initiative, referendum, or 
recall 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 Prr- 
cluded by Finding of Insufficiency. An initiative, referendum or recall 
petition may be amended at any time within ten days after the making 
of a certificate of insufficiency by the Clerk, by filing a supplementary 
petition 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 lew upon the 
property in any such district such tax, in addition to any taxes author- 
ized 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 leyv-ing 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 



222 ELECTION LAWS OP MONTANA 

County Clerks and Boards of County Commissioners under the general 
election laws of the State shall devolve upon the Clerk and Commission 
of the municipality and, except as otherwise provided in this Act, the 
provisions of such laws shall continue to appl}^ to all elections held 
within the municipality. 

5520.91. Municipal Primary Election — When Held— Nominees, Ma- 
jority V^ote 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 Commission 
to be elected do not receive a majority of the votes cast at such primary 
election, a municipal primary election shall be held on the first Tuesday 
in June next following the election. At all 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 election, registering 
voters therefor, counting the votes cast thereat, and canvassing the 
returns thereof, shall be as prescribed by the general election laws of 
the State. 

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 
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 
election. 

5.520.93. 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. 



KLECTION LAWS OP MONTANA 22.J 

State of Montana, City and County of - ss. 

, being duly sworn, deposes and says 

tliat he is the circulator of this petition paper; 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 , 19 

5520.94. F'iling 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 thirt^^ 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 
petition is signed by the required number of qualified electors. Any 
eligible person placed in nomination as hereinbefore provided shall 
have his name printed on the ballots and placed upon any voting 
machine used at the primary election, if within five days after such 
nomination, he shall have filed with the Clerk a written acceptance of 
the nomination. 

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 

FOR COMMISSIONERS 
Do not vote for more than 



.5.520.96. 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 ma- 
chine, to be used at such election. 

.5.520.97. 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. 



224 ELECTION LAWS OP MONTANA 

5520.98. Notices — Primary Election — Municipal Election — Publica- 
tion. On the tenth daj'^ 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 svich 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 maj^ also provide for giving notice of such elections by 
other means. 

5520.99. Ballots at Municipal F]lection — 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 equal 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 fii'st 
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. 

.5.520.100. Removal of Commissionei'S — 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: 

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 



ELECTION LAWS OP MONTANA 225 

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 clays 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 (207o) 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 election: except that 
each petition paper shall specify that the candidate named therein is a 
candidate to succeed a particular person whose removal is sought. 

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: 



22« ELECTION LAWS OP MONTANA 

RECALL ELECTION 
City and County of 
(Month and day of month) 19 



SHALL (name of person) BE REMOVED FROM THE COMMIS- 
SION BY RECALL? 



FOR THE RECALL OF 
(Name of Person.) 



AGAINST THE RECALL OF 
(Name of Person.) 



CANDIDATE 
To succeed (name of person) if recalled. Vote for but one. 



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. 

5520.10G. 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. Iiimitation 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 IMerger — 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 municipality, which resolution must be 
in duplicate, and signed l)y ;ill of the members of the (^(immission and 



ELECTION LAWS OF MONTANA 227 

also entered at length on the journal of the Commission. One copy of 
such Commission must be filed in the office of the Clerk of the Com- 
mission and the other copy thereof must be transmitted to and filed in 
the office of the Secretary of State. Immediately upon the adoption of 
such resolution by the Commission the separate corporate existence of 
the county and of each and every city and town therein shall be deemed 
to be consolidated and merged into one municipal corporation under 
the name selected, designated and adopted as provided in this Act, and 
such consolidated municipality shall thereupon be deemed to have 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- 
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 inciu-ring 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 here- 
by 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 

5(>()8.38. Tax Levy for Establishing and Maintaining Airports — 
Bonds. For the purpose of establishing, constructing, equipping, main- 
taining and operating airports and landing fields under the provisions 
of this Act the County Commissioners or the City or Town Council 
may each year assess and levy, in addition to the annual levy for 
general administrati\e purposes, a tax of not to exceed two (2) mills 
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, 



228 ELECTION LAWS OF MONTANA 

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 1945.) 

CHAPTER 104 
Laws of 1947 

AN ACT TO AMEND SECTION 7180 OF THE REVISED CODES OF 
MONTANA, 1935, RELATING TO HOURS OF ELECTION IN 
IRRIGATION DISTRICTS. 

Be It Enacte(l By The Legislative Assembly of the State of Montana: 

Section 1. That Section 7180 of the Revised Codes of Montana, 
1935, be and the same is hereby amended to read as follows: 

"Section 7180. Hours of Election. The polls shall be opened at 
one o'clock o. m., and be kept open until six o'clock p. m., when the 
same shall be closed." 

Section 2. All Acts and parts of Acts in conflict herewith are 
hereby repealed. 

Approved Mai'ch 3, 1947. 

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 quaUfied 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 provided for shall extend from the first day of September, 
1919. to the first Monday of January, 1921: and .John Hurley of Valley 
County, Montana, is hereby named as said Justice of the Supreme Court, 
and he shall hold said office for .said term. 



ELECTION LAWS OF MONTANA 229 

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 qualifications 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- 
mainder of the unexpired term of his predecessor. 

CHAPTER 4 
DISTRICT COURTS 

Judicial Districts 

8812. Judicial Districts Defined. In this State there are eighteen 
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: Park and Sweet Grass counties. 

Seventh District: Dawson, McCone, Richland, and Wibaux counties. 

Eighth District: Cascade and Chouteau counties. 

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. 

Eighteenth District: Gallatin county. 

(Corrected to conform to Chapter 80, Laws of 1947.) 



230 ELECTION LAWS OP MONTANA 

8813. Xumber 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. 

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 contraven- 
tion or violation of any of the provisions of such laws, is, unless a differ- 



KliKCTIO.N liAWS OF MONTANA 231 

ent 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 b}^ 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 
interferes with the officers holding such dFection or conducting such 
canvass, or with the voters lawfully exercising their rights of voting at 
such election, as to prevent such election or canvass from being fairly 
held and lawfully conducted, is guilty of a felony. 

10750. Attempting to Vote Without Being Qualified. Every per- 
son not entitled to vote, xvho 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 knowin^H- allows another 
to carry away or destroy, any poll-list, 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 



232 ELECTION LAWS OF MONTANA 

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 actual- 
ly 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 l^aws. 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. Officei-s 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 elec- 



ELECTION LAWS OP MONTANA 2.1.1 

tioneering on election day, is guilty of a misdemeanor, and upon convic- 
tion is punishable by imprisonment not to exceed six months, or by a 
fine not less than Fifty nor more than Five Hundred Dollars, or both. 

10760. Offenses at an Election. Ever}'^ 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 anj^ 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. Everj' person who, with the intention to pro- 
mote 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. 



234 ELECTION LAWS OF MONTANA 

10704. Bribing Members of Legislative Caucuses, etc. Every per- 
son who gives or offers a bribe to any officer or memljer 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 candi- 
date than another, and every person, member of either of the bodies in 
this section mentioned, who receives or offers to receive any such bribe, 
is punishable by imprisonment in the State prison not less than one 
nor more than fourteen years. 

107(;.">. Preventing Public Meeting of Electors. Every person who, 
by threats, intimidations, or violence, wilfully hinders or prevents elec- 
tors from assembling in public meeting for the consideration of public 
questions, is guilty of a misdemeanor. 

lOTCM). 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. Everj^ 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 persons 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 



KLECTIOX LAWS OF MONTANA 2:{.-. 

induce such person to procure or endeavor to procure the return of 
any person to serve in the Legislative Assembly, or the vote .of any 
elector at any election; 

4. Every person who, upon or in consequence of any such gift, 
loan, offer, promise, procurement, or agreement, procures or promises, 
or endeavors to procure, the election of any candidate to the Legislative 
Assembly, or the vote of any elector at any election; 

5. Every person who advances or pays, or causes to be paid, any 
money to, or to the use of any other person, with the intent that such 
money, or any part thereof, shall be expended in bribery, or in corrupt 
practices, at any election, or who knowingly pays, or causes to be paid, 
any money to any person in discharge or repayment of any money 
wholly or in part expended in bribery or corrupt practices at any 
election; 

6. Every elector who, before or during any election, directly or 
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 valuable consideration; 

11. Every person who, for the purpose and with the intent in the 
last preceding subsection mentioned, gives or procures any office, place, 
or employment, or agrees to give or procure, or offers or promises, such 
office, place, or employment, or endeavors to procure, or promises to 



236 ELECTION LAWS OF MONTANA 

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 
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 mis- 
demeanor, and shall be punished by a fine of not less than Twenty-five 
Dollars nor more than Five Hundred Dollars, and imprisonment not 
exceeding six months in the county jail, and any corporation violating 
this section shall be punished by fine not to exceed Five Thousand 
Dollars, or forfeit its charter, or both such fine and forfeiture. 

10771. Fines Paid Into School Fund. All fines imposed and col- 
lected under the preceding sections shall be paid into the county treas- 
ury for the benefit of the common schools of the county in which the 
offense 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 



ELECTION LAWS OF MONTANA 2S7 

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 author- 
ized 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 and 
no expenses authorized or incurred by or on behalf of any political 
party or organization to promote the success of the principles 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 
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. 



2.18 KI.ECTIOX LAWS OK MONTANA 

"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, print- 
ing, postage, clerk hire, challengers or watchers at the polls, traveling 
expenses, telegraphing or telephoning, or making of poll-lists. 

10776. Statement by Candidate as to Moneys 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- 
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. Anj^ candidate who shall fail to file 
such a statement shall be fined Twenty-five Dollars for every day on 
which he was in default, unless he shall be excused by the court. Fifteen 
days after any such election the Secretary of State, or County Clerk, 
City Clerk, Auditor, or Recorder, as the case may be, shall notify 
the County Attorney of any failure to file such a statement on the part 
of any candidate, and within ten days thereafter such prosecuting 
officer shall proceed to prosecute said candidate for such offense. 

10777. Accounts of Expenditures by Political Committees and 
(j;her Persons — Statement and Vouchers. Every political committee 
sl^all 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 



ELECTION LAWS OP MONTANA 239 

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 incur- 
ring 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 expenditure 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 Secre- 
tary of State, in the case of State and district offices for districts com- 
posed of one or more counties, and County Clerks for county offices, 
and the City and Town Clerks, Auditors, or Recorders for municipal 
offices, shall transmit to the several 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 furnish 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 statejnents are required to be filed 



240 ELECTION I,A\V8 OF MONTANA 

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, disbursements 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 currupt 
practices in election, 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 At- 
torney 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 peti- 
tion may be filed within thirty days after any payment not included in 
the statements so filed. 



KliKCTION LAWS OF MONTANA 241 

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 furnished; 
provided, if the money be received from the treasurer of any political 
organization, it shall be sufficient to enter the same as received from 
said treasurer. 

10784. Promise to Procui'e 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, 
except that he may publicly announce or define what is his choice or 
purpose in relation to any election in which he may be called to take 
part, if elected, and if he is a candidate for nomination or election as a 
member of the legislative assembly, he may pledge himself to vote for 
the people's choice for United States Senator, or state what his action 
will be on such vote. 

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 



242 ELECTION LAWS OF MONTANA 

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- 
bent of any office. No payment or contribution for any purpose shall 
be made a condition precedent to the putting of a name on any caucus 
or convention ballot or nomination paper or petition, or to the perform- 
ance of any duty imposed by law on 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, program, 
periodical, or other publication; if any candidate shall make any such 
payment or contribution with apparent hope or intent to influence the 
result of the election, he shall be guilty of a corrupt practice; but this 
section shall not apply to the soliciting of any business advertisement 
for insertion in a periodical in which such candidate was regularly 
advertising prior to his candidacy, nor to ordinary business advertising, 
nor to his regular payment to any organization, religious, charitable, or 
otherwise, of which he may have been a member, or to which he may 
have been a contributor, for more than six months before his candidacy, 
nor to ordinary contributions at church services. 

10790. Contributions fi-oni 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, indemnity, safe deposit, insurance, railroad, street-railway, tele- 
graph, telephone, gas, electric light, heat, power, canal, aqueduct, water, 
cemetery, or crematory company, Qr any company having the right to 
take or condemn land, or to exercise franchises in public ways granted 
bj' 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 solicit or receive 
such payment or contribution from such corporation or such holders 
of a majority of such stock. 

1071)1, 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 indirectly, give or provide, or pay, wholly or in part, the 
expenses of giving or providing any meat or drink, or other entertain- 
ment or provision, clothing, liquors, cigars, or tobacco, to or for any 
person for the purpose of or with intent or hope to influence that 
person, or any other person, to give or refrain from giving his vole 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 candi- 
dates of any political party or organization or measure before the 
people, or being about to vote or refrain from voting at such election, 
shall be guilty of treating. Every elector who accepts or takes any such 
meat, drink, entertainment, provision, clothing, liquors, cigars, or to- 
bacco, shall also be guilty of treating; and such acceptance shall be 
a ground of challenge to his vote and of rejecting his vote on a contest. 

10792. Challenging Voters — Procedure. Whenever any person's 
right to vote shall be challenged, and he has taken the oath prescribed 



KI.KCTIOX l.AAVS OF MONTANA 243 

by tlie statutes, and if it is at a nominating election, then it shall be 
the duty of the clerks of election to write in the poll-books at the end 
of such person's name the words "challenged and sworn," with the name 
of the challenger. Thereupon the chairman of the board of judges shall 
write upon the back of the ballot offered by such challenged voter the 
number of his ballot, in order that the same may be identified in any 
future contest of the results of the election, and be cast out if it shall 
appear to the court to have been for any reason wrongfully or illegally 
voted for any candidate or on any question. And such marking of the 
name of such challenged voter, nor the testimony of any judge or 
clerk of election in reference thereto, or in reference to the manner in 
which said challenged person voted, if said testimony shall be given in 
the course of any contest, investigation, or trial wherein the legality 
of the vote of such person is questioned for any reason, shall not be 
deemed a violation of Section 10753 of this Code. 

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 anj^ 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 



844 ELECTION LAWS OF MONTANA 

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. 

10797. Compensating Voter for Loss of Time — Badges and In- 
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 fur 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, 
cpnvention, 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 thereof, if any, appear in such 
advertisement in the nature of a signature. No person shall pay the 
owner, editor, or publisher, or agent of any newspaper or other period- 
ical to induce him to editorially advocate or oppose any candidate for 
nomination or election, and no such owner, editor, publisher, or agent 
shall accept such payment. Any person who shall violate any of the 
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 



ELECTION LAWS OP MONTANA 245 

Hundred Dollars for the first offense, and for the second and each 
subsequent offense occuring 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, morality, or integrity, the author thereof, and 
every person printing or knowingly assisting in the circulation, shall be 
guilty of political criminal libel, and upon conviction thereof shall be 
punished by imprisonment in the 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 
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 person upon the candidate to whom it relates a copy 
thereof in wi'iting, and calling his attention particularly to the charges 
contained therein, and that, before printing, publishing, or circulating 
such charges, he received and read any denial, defense, or explanation, 
if any, made or offered to him in writing by the accused candidate 
within ten days after the service of such charge upon the accused 
person. 

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 omission 
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 



■^Ui EI.KCTIOX LAWS OF MONTANA 

of the name of the candidate who failed to file sucli 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 
persons for corrupt practice, and upon conviction thereof he and any 
person or persons combining with him shall be punished by a fine of 
not more than One Thousand Dollars, or imprisonment in the county 
jail for not more than one year. 

10803. Forfeiture of Nomination or Office for Violation of I^aw 
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- 
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 an>- 
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 nv 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 



ELECTION LAWS OP MONTANA 247 

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 
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 



248 ELECTION LAWS OF MONTANA 

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 
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 re- 



ELECTION LAWS OF MONTANA 249 

quired of surties on bail-bonds, conditioned to pay all costs, disburse- 
ments, 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 judgement is rendered against the 
petitioner, it shall also be rendered against the surties 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 certificates 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 done or committed which would have 
been ground in a similar action against such person, had he received 
the highest number of votes for such nomination or office, for a 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- 



250 ELECTION LAWS OF MONTANA 

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 that Ten Thousand Dollars, 
or may declare a forfeiture of the charter and franchises of the corpo- 
ration, 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 foi-. 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. Proceedings under this Act shall be advanced on the docket 
upon request of either party for speedy trial, but the court may postpone 
or continue such trial if the ends of justice may be 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 Jiave 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). 



ELECTION LAWS OF MONTANA 251 

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. 

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 ex- 
penses required from candidates and others by this Act shall be in sub- 
stantially the following form: 

State of Montana, County of , ss. 

I, .., having been a candidate (or 

expended money) at the election for the (State) (District) (County) 
(City) of , on the day of , 

A. D. 19 -, , being first duly sworn, on oath do say: That I have 

carefully examined and read the return of my election expenses and 
receipts hereto attached, and to the best of my knowledge and belief 
that return is full, correct, and true. 

And I further state on oath that, except as appears from this re- 
turn, I have not, and to the best of my knowledge and belief, no person, 
nor any club, society, or association has on my behalf, whether author- 
ized by me or not, made any payment, or given, promised, or offered 
any reward, office, employment or position, public or private or valu- 
able consideration, or incurred any liability on account of or in respect 
of the conduct or mangement 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 
anj^ 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 



252 ELECTION LAWS OP MONTANA 

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. 

CHAPTER 16 

AN ACT AMENDING CHAPTER 221, SESSION LAWS OF THE 
STATE OF MONTANA FOR 1943, PROVIDING FOR PUBLIC 
CEMETERY DISTRICTS; PROVIDING FOR PETITIONS AND 
NOTICES OF HEARING RESPECTING SAID DISTRICTS: PRO- 
VIDING FOR AN ELECTION CREATING CEMETERY DIS- 
TRICTS; PROVIDING FOR AN ORDER ORGANIZING CEME- 
TERY DISTRICTS, NAMING TRUSTEES AND GRANTING POW- 
ERS THERETO; PROVIDING FOR AN ANNUAL TAX LEVY 
FOR CEMETERY DISTRICTS; PROVIDING FOR A METHOD OF 
WITHDRAWAL FROM CEMETERY DISTRICTS, AND ALTER- 
ING THE BOUNDARIES THEREOF; 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. That Chapter 221, Session Laws of the State of Montana 
for 1943, be, and the same is hereby amended to read as follows: 

"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 twenty 
(20%) per cent of the citizens who are owners of land located within a 
proposed Cemetery District, whose names appear a^ such owners of land 
upon the last completed assessment roll of the county in which said 
proposed District is situated, which petition shall definitely describe 
the boundaries of the proposed District and request that the territory 
within said boundaries be organized into a public Cemetery District, the 
petition shall be presented to the Board of County Commissioners of the 
county in which the proposed district is situated, at a regular or special 
meeting of said Board. The said Board of County Commissioners, by 
resolution, shall fix a time for the hearing of said petition at not less 
than two (2) nor more than five (5) weeks from time of presenta- 
tion 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- 



ELECTION LAWS OF MONTANA 253 

before set forth and whether or not the notice required herein has been 
published as required, and must hear all competent and relevant testi- 
mony 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 thereupon 
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 ad- 
visable 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, designate whether or not 
a special election shall be held, or whether the matter shall be deter- 
mined at the next general election. If a special election is ordered, the 
Board must, in its order, specify the time and place for such election. 
the voting place, and shall in said order appoint and designate judges 
and clerks therefor. The election shall be held in all respects as nearly 
as practicable in conformity with the general election laws: and pro- 
vided, further, that the polls shall be open from eight (8) o'clock A. M. 
to six (6) 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 the election shall certify to 
the Board of County Commissioners the results of said election. 

"Section 6. In the event that a majority 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 man- 
aged by three (3) Trustees, appointed by the Board of County Com- 
missioners. The Trustees shall be appointed from the freeholders re- 
siding within said District for terms of one (1), two (2) and three (3) 
years respectively, 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 pre- 
sent a budget to the Board of County Commissioners at the regular 
budget meetings as prescribed by law. The Board of County Commis- 
sioners must annually, at the time of levying county taxes, fix and levy 
upon all property within said Cemetery District, sufficient to raise the 
amount certified by the Board of Cemetery Trustees to be raised by a 
tax on the property of said District. The tax so levied shall not exceed 
one (1) mill on each dollar of taxable valuation on the property of said 
District. 



254 ELECTION LAWS OF MONTANA 

"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 public Cemetery District may be 
withdrawn therefrom as in this Section provided, upon receipt of a 
petition signed by fifty (50) or more free holders 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 with- 
drawn, on the grounds that such portion will not be benefited by re- 
maining 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 freehold- 
ers if there are less than one hundred (100) residing within the portion 
proposed to be annexed, designating the boundaries of such contiguous 
territory proposed to be annexed and asking that it be annexed to said 
Public Cemetery District, shall be presented to the Board of County 
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 objections 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, 
of 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 re- 
mainder 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 coinpetent jurisciiction. it shall 
be conclusively presumed that this Act would have been passed by the 
Legislatiu'e without such invalid section. |);n"agriii)lT or clause and the 



ELECTION LAWS OF MONTANA 255 

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. 

"Soction 17. All Acts and parts of Acts in conflict herewith are 
hereby repealed." 

Approved February 10, 1945. 

CHAPTER 28 

AN ACT RELATING TO ELECTIONS AT WHICH QUESTIONS ARE 
TO BE SUBMITTED CONCERNING THE INCURRING OF A 
STATE DEBT, THE ISSUANCE OF BONDS OR DEBENTURES 
BY THE STATE OR THE LEVYING OF A STATE TAX FOR 
ANY PURPOSE; DEFINING AND PRESCRIBING THE QUALI- 
FICATIONS OF ELECTORS ENTITLED TO VOTE AT SUCH 
ELECTIONS; PROVIDING FOR THE CLOSING OF REGISTRA- 
TION AND THE GIVING OF NOTICE OF SUCH CLOSING; AND 
PRESCRIBING THE DUTIES OF THE COUNTY CLERK IN PRE- 
PARING LISTS OF REGISTERED ELECTORS QUALIFIED TO 
VOTE AT SUCH ELECTIONS AND THE PREPARATION OF 
POLL BOOKS; AND REPEALING ALL ACTS AND PARTS OF 
ACTS IN CONFLICT WITH THIS ACT. 

Be It Enacted by the 1/egislative Assembly of the State of Montiina: 

Section 1. At all elections at which the question submitted is the 
incurring of a State debt, the issuance of bonds or debentures by the 
State, other than refunding bonds or debentures, or the levying of a 
State tax for any purpose, only registered electors residing Avithin the 
State and who are taxpayers upon property therein and whose names 
appear upon the last completed assessment roll of some county of the 
State for State, county and school district taxes, shall be qualified to 
vote on such question. Whenever any such question is to be submitted 
at an election, other than a general biennial State election, the County 
Clerk of each county must cause to be published one time in the official 
newspaper of the county a notice, signed by him, stating that registra- 
tion will close at noon on the thirtieth day prior to the date for the 
holding of the election at which the question is to be submitted, unless 
the act providing for the submission of the question shall fix a different 
time for the giving of such notice and at that time registration shall be 
closed. Such notice shall be published at least ten (10) days prior to 
the date when registration will be closed, unless the act providing for 
the submission of the question shall fix a different time for such closing 
of registration. Provided, that if the question is to be submitted at a 
general biennial State election then such notice of the closing of regis- 
tration and the closing of registration shall be controlled and governed 
by the laws applying to the giving of such notice and closing of regis- 
tration for such general biennial election. 

Section 2. After the closing of registration the County Clerk of 
each county shall promptly prepare lists of registered electors of all vot- 
ing precincts in his county who are qualified to vote on the question to 
be submitted at such election, and shall prepare poll books for such elec- 
tion generally in the manner provided by Section 568, Revised Codes of 
Montana, 1935, except that such poll books shall contain only the names 
of the electors qualified to vote on such question at such election, and 
deliver the same to the judges of election prior to the opening of the 



256 ELECTION LAWS OP MONTANA 

polls, and except that it shall not be necessary to print or post such 
lists of registered electors. All of the laws of this State applying to the 
holding of general biennial State elections, insofar as the same are 
applicable thereto and not in conflict with any of the provisions of this 
Act, shall apply to, and govern and control such election and the can- 
vassing and return of the votes cast on such question at such election; 
and abstracts made by the several County Clerks shall be returned to 
the Secretary of State in the manner provided by Sections 801 and 802, 
Revised Codes of Montana for 1935, for the abstract of votes for State 
officers. 

Section 3. When any such law is to be submitted at a general 
biennial election, all of the provisions of Section 105, Revised Codes 
of Montana, 1935, prescribing the duties of the Secretary of State and 
County Clerks, shall apply to and govern and control the printing and 
distribution of copies of such law. 

Section 4. All Acts and parts of Acts in conflict herewith are 
hereby repealed; provided, however, that nothing in this Act shall be 
deemed to repeal Chapter 44 of the Laws of the Twenty-seventh Legisla- 
tive Assembly of 1941. 

Section 5. This Act shall be in full force and effect on and after 
its passage and approval. 

Approved February 12, 1945. 

CHAPTER 168 

AN ACT TO PROVIDE FOR THE ALTERATION OF THE BOUND- 
ARIES OF, AND FOR THE ANNEXATION OF TERRITORY TO 
INCORPORATED TOWNS AND CITIES AND FOR THE INCOR- 
PORATION OF SUCH ANNEXED TERRITORY IN AND AS A 
PART OF SUCH MUNICIPALITIES, AND FOR GOVERNMENT 
AND MUNICIPAL CONTROL OF ANNEXED TERRITORY. 

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

Section 1. The boundaries of any incorporated town or city, 
whether heretofore or hereafter formed, may be altered and new ter- 
ritory or territories annexed thereto, incorporated and included therein, 
and made a part thereof, upon proceedings being had and taken as in 
this Act provided. The Council, or other Legislative body of any such 
municipal corporation, upon receiving a written petition therefor con- 
taining a description of the new territory or territories asked to be 
annexed to such corporation, and signed by not less than thirty-three 
and one-third per cent (33y3%) of the resident free holder electors of 
the territory proposed to be annexed must, without delay, submit to the 
electors of such municipal corporation and to the electors residing in 
the territory or territories proposed by such petition to be annexed to 
such corporation, the question whether such new territory or territories 
shall be annexed to, incorporated in, and made a part of said municij^al 
corporation. Such question may be so submitted at the next general 
mimicipal election to be held in such municipal corporation, or it may 
be so submitted prior to such general election, either at a special elec- 
tion called therein for that purpose, or at any other municipal election 
therein, except an election at which the submission of such question is 
prohibited by law; and such council or legislative body is hereby em- 
powered to and it shall be its duty to cause notice to be given of such 



ELECTION LAWS OF MONTANA 257 

election by the publication of a notice thereof in a newspaper printed 
and published in such municipal corporation at least once a week for a 
period of three (3) successive weeks next preceding the date of such 
election, or if there is no newspaper printed in such municipal corpora- 
tion, then such notice shall be published in like manner for a like 
period in the nearest town or city in the county in which said territory 
or territories to be annexed is situated, in which such newspaper is 
printed. Such notice shall distinctly state the proposition to be submit- 
ted, i.e., that it is proposed to annex to, incorporate in, and make a part 
of such municipal corporation the territor-y or territories sought to be 
annexed, specifically describing the boundaries thereof; and in said 
notice the qualified electors of said municipal corporation, and the qual- 
ified electors residing in said territory or territories so proposed to be 
annexed, shall be invited to vote upon such proposition by placing upon 
their ballots the words "for annexation" or "against annexation", or 
words equivalent thereto. Such council or legislative body is hereby em- 
powered, and it shall be its duty, to establish, and in such notice of elec- 
tion designate the voting precinct or precincts, the date of said election, 
the place or places at which, and the hours between which the polls will 
be opened for such election, and such other information regarding said 
election as the said council or legislative body may deem proper. Such 
place or places shall be that or those commonly used as voting places 
within such municipal corporation, and also that or those commonly 
used by the electors residing in such new territory or territories. 

Section 2. If the question of annexation is submitted at a special 
election called for such purpose, the city or town council, or other legis- 
lative body, shall fix the hours through which the polls are to be kept 
open, which shall be not less than eight (8), and which must be stated 
in the notice of election, and may appoint a smaller number of judges 
than is required at a general city or town election, but in no case shall 
there be less than three (3) judges in a precinct and such judges shall 
act as their own clerks. If the question of annexation is 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. Whenever the question of annexation under this title is sub- 
mitted at either a general city or town election, or at a special election, 
separate ballots, white in color and of convenient size, shall be provided 
therefor. The election shall be conducted, and the returns made in the 
same manner as other city or town elections; and all election laws 
governing city and town elections shall govern insofar as they are 
applicable, but if such question be submitted at a general city or town 
election, the votes thereon must be counted separately, and separate 
returns must be made by the judges and clerks at such election. If the 
said annexation election is held at the same time as a general city or 
town election, then the returns shall be canvassed by the city or town 
council at the same time as the returns for such general election; but 
if the question of annexation is submitted at a special election, then the 
city or town council shall meet within ten (10) days after the date of 
the holding of such special election and canvass the returns. If it is 
found that a majority of such votes were cast in favor of the annexation, 
the city or town council, or other legislative body shall, at a regular or 
special meeting held within thirty (30) days thereafter, pass and adopt 
a resolution providing for such annexation. Such resolution shall recite 
that a petition has been filed with the said council oi- other legislative 



258 ELECTION LAWS OF MONTANA 

body with a sufficient number of signatures of thirty-three and one- 
third per cent (33%%) of the resident free holder electors of the ter- 
ritory proposed to be annexed; a description of the boundaries of the 
territory or territories to be annexed; a copy of the resolution ordering 
a general or special election thereof, as the case may be; a cop3'^ of the 
notice of such election; the time and result of the canvass of the votes 
received in favor of annexation, and the number thereof cast against 
annexation; and that the boundaries of such citj' or town, by such reso- 
lution, shall be extended so as to embrace and include such territory or 
territories as the same are described in the petition for annexation, 
which said resolution shall be incorporated in the minutes of said coun- 
cil or legislative ho6y. The clerk or other officer performing the duties 
of clerk of such council or legislative body, shall promptly make and 
cei'tify under the seal of said municipal corporation, a copy of said re- 
cord so entered upon said minutes, which document shall be filed with 
the clerk of the county in which the city or town to which said territory 
or territories are sought to be annexed, is situated. From and after the 
date of the filing of said document in the office of the said county clerk, 
the annexation of such territory or territories so proposed to be annexed 
shall be deemed and shall be complete and thenceforth such annexed 
territory or territories shall be, to all intents and purposes, a part of 
said municipal corporation, and the said city or town to wdiich the an- 
nexation is made, has the power to pass all necessary ordinances per- 
taining thereto. 

Section 3. No territory which, at the time such petition for such 
proposed annexation is presented to such council or legislative body, 
forms any part of anj^ incorporated town or city, shall be annexed un- 
der the provisions of this Act. 

Section 4. No parcel of land which, at the time such petition for 
such proposed annexation is presented to such council or legislative 
body, is used in whole or in part for agricultural, mining, smelting, re- 
fining, transportation, or any industrial or manufacturing purpose or 
any purpose incident thereto, shall be annexed under the provisions of 
this Act. 

Section 5. This Act shall not be applicable to cities having a popu- 
lation, as shown by the last preceding federal census of less than twenty 
thousand (20,000) and not more than thirty-five thousand (35,000) and 
shall not repeal Section 4978 of the Revised Codes of Montana, 1935, 
having reference to extension of the corporate limits of cities of the 
first, second and third classes to include contiguous land, but is intended 
and does provide an alternative method for the annexation of territorj' 
or territories to municipal corporations. When anj^ proceedings for an- 
nexation of territory or territories to any i-funicinol cornoration are 
commenced under this Act the provisions of this Act and of such amend- 
ments thereto as may thereafter be adopted, and no other, shall apply 
to such proceedings. 

Section 6. This Act shall be in full force and effect from and after 
its passage and approval by the Governor. 

Approved March 5, 1945. 



ELECTION LAWS OP MONTANA 25ft 

CHAPTER 292 

AN ACT EMPOWERING COUNTIES, CITIES, AND TOWNS TO COM- 
BINE FOR THE PURPOSE OF CREATING AND ESTABLISH- 
ING A METROPOLITAN SANITARY DISTRICT; PROVIDING 
WHO MAY ORGANIZE SUCH DISTRICT AND IN WHAT CASES, 
AND THE METHOD THEREOF; DEFINING DUTIES OF' THE 
DISTRICT COURT; MAKING REGULATIONS FOR THE AP- 
POINTMENT, NUMBER, STATUS, POWERS, DUTIES, ORGAN- 
IZATION AND TIME AND PLACE OF MEETING OF COMMIS- 
SIONERS, AND FOR VACANCIES AND FOR COMPENSATION 
OF COMMISSIONERS: PROVIDING FOR SUBMISSION OF QUES- 
TIONS TO AND QUALIFICATION OF ELECTORS; PROVIDING 
FOR ISSUANCE OF BONDS FOR CONSTRUCTION AND AC- 
QUISITION OF PROPERTY AND LEVY AND COLLECTION 
OF TAXES FOR ADMINISTRATION OF DISTRICT AND FOR 
CONSTRUCTION OF DRAINAGE STRUCTURES. 

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

Se(!tion 1. Petition for Creation of Sanitary District, Contents and 
Filing. Whenever the inhabitants of any county, city or town, or a 
combination of county and one or more cities or towns within such coun- 
ty desire to combine for the purpose of organizing a Metropolitan Sani- 
tary District to serve such county, city or town, or Iwth, such inhabitants 
may file a petition in the District Court of the county wherein such 
district is to be organized, signed by five (5%) per cent of the registered 
electors of each such county, city or town, whose names appear upon 
the last preceding assessment roll of such county for State and county 
purposes and upon the last preceding assessment roll of such city or 
town, upon real property lying or being within the boundaries of such 
county, city or town. Said petition shall be addressed to the said District 
Court and shall set forth: 

1. The proposed name of said Sanitary District. 

2. The necessity for the proposed District. 

3. A general description of the territory or lands to be included 
within said District, giving the boundaries thereof. 

4. A prayer for the organization of the District comprising and 
embracing the lands and territory described, and for a hearing on said 
petition according to the provisions of this Act. 

The petition shall be accompanied by a map or plat of the proposed 
District, but mere error or omission in the description of any lands 
or boundaries, or in the map accompanying the petition shall not ren- 
der invalid any proceedings under this Act, or deprive the District 
Court of jurisdiction. The petition shall also be accompanied by the 
certificate of the County Clerk, showing that said petition contains the 
names of the required number of qualified electors as herein provided. 

Section 2. Order Fixing Time of Hearing — Notice of Hearing Con- 
tents Thereof. On such petition being filed, the District Court or judge 
thereof shall make an order fixing the time and place of hearing on 
petition and directing that notice thereof be given. Thereupon the clerk 
of said court shall cause to be published at least once a week for two 
successive calendar weeks in some newspaper published in the county, 
such notice, which notice shall state the time and place, by the 



2B0 ELECTION LAWS OF MONTANA 

said District Court fixed, when and where the hearings on said 
petition will be had, together with the description of the lands or 
territory of the proposed District and the purpose as stated in the 
prayer of said petition, and directing all persons interested to appear 
and be heard for or against the organization of said Sanitary District. 
If there be no newspaper published in such county, said notice may 
be published in an adjoining county. The first publication of said notice 
shall be not less than thirty (30) days prior to the time mentioned in 
said notice for said hearing. 

Section 3. Hearing on Petition. At the time specified in the 
notice mentioned in the preceding section, the District Court in which 
the petition is filed, or a judge thereof, shall hear the petition, but 
may adjourn such hearing from time to time, not exceeding three (3) 
weeks in all, and may continue the hearing for want of sufficient 
notice or other good cause. The court, upon application of the petition- 
ers, or any person or persons interested, may permit the petition to be 
amended, and may order further or additional notice to be given. Upon 
such hearing all persons interested, whose property or rights may be 
damaged or benefited by the organization of the district, or the prop- 
erty, works or improvements therein to be acquired or constructed as 
hereinafter set forth, may appear and contest the necessity or utility 
of the proposed district, or any part thereof, and the contestants and 
petitioners may offer any competent evidence in regard thereto. 

It shall be the duty of the court to hear and determine whether 
the requirements of Section 1 and 2 of the Act, as to sufficiency of the 
petition and notice and requisite number of names on said petition 
have been complied with. The court may make such changes in the 
proposed district as may be deemed advisable, or as fact, right and 
justice may require. 

If on final hearing, it is found by the court that the petition does 
not substantially comply with the aforesaid requirements of this Act, 
or that the facts therein are not sustained by the evidence, or that said 
proposed district is not practical or feasible then the court shall dismiss 
the petition, and shall make and enter an order to that effect; but if 
it is found that said petition substantially complies with said require- 
ments, and that the facts therein stated are sustained by the evidence 
and that there exists a necessity for said district, and that the same is 
feasible and practical and for the benefit, health and welfare of the 
inhabitants residing within the proposed district, then the court shall 
make and enter an order: 

(a) Setting forth said findings and allowing said petition; 

(b) Giving accurate description and boundaries of said proposed 
district; 

(c) Directing that the question of establishing said district be 
submitted to the qualified electors of the county, city or town as here- 
inafter provided, at the next general election held in the county at 
which county officers are to be elected, if said proposed district em- 
braces only property outside the boundaries of any incorporated city 
or town, or property within any incorporated city or town and said 
county; and if said proposed district embraces only property within 
an incorporated city or town, then said question shall be ordered sub- 
mitted at the next general election in such city or town at which city 
or town officers are to be elected. 



ELECTION LAWS OP MONTANA 261 

Section 4. Submission of Question for Election — Duties of Clerk of 
County, City or Town. At the next general election immediately after 
the entry of the order mentioned in Section 3 of this Act. the County 
Clerk or the City or Town Clerk as the case may be, in accordance with 
the provisions of Section 3 of this Act, shall submit the question of es- 
tablishing said district in the manner provided by law for the submis- 
sion of questions relating to issuance of bonds of the county and all of 
such provisions shall be applicable hereto and shall be complied with. 

The question to be submitted at such election shall be placed on 
the ballot in substantially the following form: 

"Shall there be established in 

Name of County, or City or Town 

(or in . ) 

Name of County and city or town 
the Metropolitan Sanitary District to be known as 

the 

Name of District as appears in the petition 
in accordance with the law applicable thereto? 



D 
D 



For the establishment of the 
Against the establishment of the 



Name of District 



Name of District 



All the provisions of law relating to elections and canvassing of 
votes shall apply to the election provided in this Act. 

At said 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 '^ro'oosition, 
then such proposition shall be deemed to have been approved and 
adopted. 

If the vote as canvassed shall show that such proposition has been 
approved and adopted, the County Commissioners shall so certify to 
the District Court. 

Section 5. Order Establishing District, Contents, Filing. Upon 

certification of the County Comniissionors as in ^^'' i -^ I of his ^ct 
provided, the District Court shall within thirty (30) days thereafter 
make an order establishing said district, which order shall contain the 
description and boundaries of said district. Said order shall be filed 
in the office of the clerk of said District Court, and a certified copy 
thereof in the office of the County Clerk of the county wherein is 
located said District Court, and in case a city or town is included with- 
in said district, a certified copy of such order shall be filed in the office 
of said city or town clerk. 

Section (i. Appointment of Commissioners — Tei-ni of Office — Va- 
cancy. Within thirty (30) days after the entry of the order as men- 
tioned in Section 5 of this Act, the District Court or judge thereof shall 
appoint three commissioners for said district, each of whom shall be 



262 ELECTION LAWS OF MONTANA 

a qualified elector anc] freeholder and shall have resided in the county, 
city or town for at least two (2) years immediately hefore such appoint- 
ment, provided that in case said district shall embrace a county and 
one city or town, two (2) of such commissioners shall be appointed 
from such county and one (1) from such city or town, provided, further 
that in case said district shall include a county and not more than two 

(2) cities or two (2) towns, or one city and one town, one of such 
Commissioner shall be appointed from each such coimty. city and town. 

The commissioners shall be appointed by the District Court or a 
judge thereof for terms of three (3) years, provided that the first com- 
missioner named shall be appointed for a term of one (1) year, the 
second for a term of two (2) years and the third for a term of three 

(3) years. At the expiration of the first year, all new appointments 
shall be for terms of three (3) years. Appointments to fill vacancies in 
the membership of the Board of Commissioners shall be made by the 
District Court for the remaining portion of such term. 

Section 7. Organization oi" liisfrict — Elec-tion oi Officer.** — Duties 
and Powers of Commission — Meetings — Compensation. Within thirty 
(30) days after their appointment, the Commissioners shall meet and 
organize by electing one of their members as chairman, one as vice- 
chairman and one as secretary. 

The Commission shall hold at least one (]) regular meeting each 
month, and at such other times as deemed necessary for the proper 
and efficient conduct of the business of the Commission, but not to 
exceed three (3) days in any one (1) month. 

The members of the Commission shall receive as compensation 
for their' services the sum of Fifteen ($15.00) Dollars for each meet- 
ing attended, which compensation shall be paid from funds made 
available for such purpose as hereinafter provided. 

Section 8. Powers and Duties of the Ct^mmission. The Commis- 
sion shall have the following powers and duties: 

1 To engage the services and fix the compensation and hours of 
work of such assistants, agents, engineers, and such other employees 
as deemed necessary for the proper and efficient conduct of the busi- 
ness and pur-poses of the Commission, and the maintenance and opera- 
tion of such drainage structures and sewage treating plants as are 
constructed 

2. To purchase, lease, rent or otherwise ac(]uire proper and neces- 
sary office space, equipment and supplies necessary to carry on the 
business of the Commission, including equipment for field workers 
and to cause surveys to be made and maps to be drawn. 

3 To contract for the building, erection, altering and improve- 
ment of sanitary structures, such as sewers, pumping stations, aque- 
ducts, channels, drainage courses and sewage tr-eatment plants, pro- 
vided, however, that all laws pertaining to the letting of contracts 
by the Board of County Commissioners shall apply and be complied 
with. 

4. To call elections for the issuance of bonds, and to issue bonds 
if authorized by the electors, for the financing of sanitary structures 
hereinbefore mentioned, and to provide for the payment thereof, pro- 
vided, however, that all laws pertaining to the calling and holding 



ELECTION LAWS OP MONTANA 26;» 

of elections, issuance of bonds and payment thereof in counties shall 
apply and be complied with, the cost and expenses of which shall be 
paid from the funds of the district. 

5. Annually and at the time and m the manner provided by law 
for the preparation and submission of county budgets, the Board of 
Commissioners of the district shall prepare and file with the Board of 
County Commissioners a budget detailing the necessary anticipated 
expenditures for administration of the district. Such budget shall 
comply with all the provisions of the county budget act, and such 
county budget act shall apply to the Commission and shall be com- 
plied with. 

6. To furnish to the State Board of Health plans and specifica- 
tions as are now required of towns, cities and corporations, showing 
proposed enlargements, extensions and/or new construction of all drain- 
age and sewage treating plants, and shall not proceed to enlarge, ex- 
tend or build any such structures and/or treating plants until such 
plans and specifications have been officially approved by said State 
Board of Health. 

7. To make all necessary arrangements and agreements with 
the Board of County Commissioners of the county and with the City 
or Town Council, or City or Town Councils, if more than one municipal- 
ity lies within the area embraced within the district, regarding rights 
of way, opening of streets and alleys and other thoroughfares and 
public areas, control of traffic and other conditions in order to operate, 
maintain, and/or construct the necessary sewers, pumping stations, 
drainage courses, sewage treating plants and other structures. 

Section 9. Levy and Collection of Taxes. At the same time and in 
the same manner as now provided by law for the levy and collection 
of taxes in the county, the County Commissioners shall make a levj' 
on all property situated within the boundaries of said district and 
served or benefited by said district sufficient to meet the requirements 
of the budget as submitted and approved, and the County Treasurer 
shall collect such tax at the time and in the manner other taxes are 
collected in the county. 

Taxes so levied and collected shall be deposited with the County 
Treasurer and placed in a special fund to be designated " 

Name of District 
Metropolitan Sanitary District Administration Fund." Such fund shall 
be expended only by warrants drawn on such special fund, signed by 
the chairman of the Commission and countersigned by the secretary. 

The County Treasurer shall be the treasurer of said district and 
shall keep account of the funds of the district, and render to the 
Commission a report of the condition of such funds whenever re- 
quested by said Commission. 

Section 10, District a Public Corporation — Powers. The sanitary 
district created under this Act is hereby declared to be a public corpor- 
ation and shall have power to acquire real and personal property or any 
interest therein by grant, purchase or gift, and shall have the right 
of condemnation and of eminent domain, and to receive grants-in- 
aid, or other funds from the Federal Government, and to act as the 
sole agent of the Federal Government in the use and disbursement 
of such funds. 



264 ELECTION LAWS OP MONTANA 

Section 11. Jurisdiction. Every sanitary drainage district estab- 
lished under the provisions of this Act shall have sole and complete juris- 
diction over all drainage structures and sewage treating plants which 
are now or may be hereafter built and situated within said district. 
The Commission shall be resonsible for the proper functioning and 
maintenance thereof, and for the condition and maintenance of all 
publicly owned streets, alleys, land, parks, or other thoroughfares 
within the boundaries of such district insofar as such may be affected 
by the construction and/or maintenance of the structures under the 
control and jurisdiction of such district. 

Section 12. All Acts and parts of Acts in conflict herewith are 
hereby repealed. 

Approved March 12. 1947. 



INDEX 

(References are to Section Numbers of the Code, Except Where Otherwise Indicated) 

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 7-8 

Chap. 37 (1941) Page 16 

ARREST: Elector's Privilege from — 541 

BAl/LOT: See also "Voting by Absent Electors"; "Initiative and Referendum" 

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 Onlv 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 

Entrv of stub number on poll lists 695 

Form of page 75 

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 71 

Marking of 696 

Model ballot 681 

Must be marked _ 678 

Names arranged how 681 

Names written or posted upon; marking of 681 

None to be received after closing of polls - - 691 

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 



266 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 (i77-G87 

Primary: Public record, preserved how long 646 

Printecf and distributed at public expense 677 

Printed in black ink 681 

Qualified elector entitled to receive one 695 

Record of number supplied precincts 687 

Return to judges unvoted 693 

Rotation of names upon _ 681 

Questions upon, clerk's duty 686 

Sample 681 

Secret Marking of 693 

Separate for Proposed Constitutional amendments, Initiative and Referendum 

measures, when 681 

♦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") 696 

BALLOT STAMP: How prepared; delivery to whom 603 

BEER: Local option — election procedure to determine sale of 2815.53-2815.59 

BRIDCJE CONSTRUCTION: Bond issue and tax levy for county 4713-4716 

BRIDGES: 

Election to determine question of construction — bonds, levy 1711 

Special laws forbidden Art. V, Sec. 26, page 6 

CANVASS OF ELECTION: See "Election Returns": also, "Voting Machines — 
(Conduct of Elections" 

CEMETERY DISTRICTS Page 252 et seq 

CERTIFICATES OF ELECTION 797,805,828,4465.2,4516 

CHALLENGE: 

Crime, proceedings on 709 

Grounds for 70(i 

How determined - 710 

Judges to test qualifications in 573 

List to be kept of 714 

Oath required in 584 

Person refusing to be sworn, vote i-ejected in 712 

Procoediiigs on challenge for having voted before 708 

Proceedings on for want of identity _... 707 

Proceedings upon determination of 71H 

Right to vote by registered elector _ _ 573 

Trial of - — _ 711 

CITIES AND TOWNS: 

Additions to - 4970 

Aldermen, qualification of 5008 

Aldermen, term decided how 500.^ 

Boundaries: alteration of Chap l(i8, pages 256-258 

City and County Consolidated Government: — 5520.1-5520 5. 

5.520.17-5520.31, 5520.90-5.520.101 

Adoption of Act: After adoption, election duties devolve upon whom 5520 ;)() 

County Commissioners and Clerk, duties . . ^ 5520.90 

Authorized Art. XVI, Sec. 7, page 14. ,5.520.1 

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, 

determined how -. 5520.90 



•Compare, however, Sec. 681 as amended. 



INDEX 2fi7 

CITIES AND TOWNS:— (Continued) 

City and County Consolidated Government: — (Continued) 

Ballots: — (Continued) 

Party mark or name prohibited on - 5r)20.95 

Printing upon of names of candidates nominated at primary 5520.99 

Commission: Members of elected when and how r.520.5 

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 

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-.31 

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 5520.17-5520.23 

Initiative Petition 5520.19 

Not operative when referendum is petitioned 5520. 25-. 26 

Passed at elections, effective when 5520.22 

Proposed, certified to Commission by Clerk ^^5520.22 

Proposed by Initiative: 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 5520.18 

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 CJommission 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 5520.102 

None when Commissioner resigns 5520.106 

Removal of more than one Commissioner may be 

submitted at same .5520.103 

Result and effect of .....5520.104 

Voting machines prohibited 5520.104 

Petition: Amended . .5520.101 

Certification of action by County Clerk ._ 5520.102 



268 INDEX 

CITIES AND TOWNS:— (Continued) 

City and County Consolidated Government: — (Continued) 
Removal of Commissioners: — (Continued) 
Petition: Amended: — (Continued) 

Filing and sufficiency of ., .._ 5520.101 

Nominating successor to office 5520.103 

Not filed until what time against new member 5520.107 

Procedure 5520.100 

Service of notice upon member concerned 5520.102 

Resolution declaring creation of. filed where 5520.119 

Special services: See "Ordinances" 5520.58 

Submission of question, how 5520.2 

Status of county .'...... 5520.119 

Tax levy for special services : ., _ 5520.58 

Voting: Elector may vote what number of candidates 5520.95 

When effective 5520.119 

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 . 4961 

Classification of: Change of; new officers, election 4971 

Clerk to give notice when poll books not needed 5'^1 

Contracts and Franchises: . ' 

How granted Jl....... .._.., '.. 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 ,_^_ , 5001-2 

Elections in: See also "The Direct Primary"., ...A -J _ 634 

Annual in ... ., ^ , ' ■ 5003 

.Canvass, when and how made : _-. 5012 

Election judges and clerks.—. '. 5011 

Registration of electors., . . - 5009 

. Voting places '. 5011 

Electors, q.ualification of , .^..,. 1 5010 

Commission Form of Government for: 

Abandonment of form of.. •. 5397 

Any city may adopt- ■ . „. i. . . 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. _ .. 1 , 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 1 5370 

Nomination of candidates, primary , 5377 

Number of councilmen, filling vacancies 5374 

Officers of 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 

Vacancies in office, how filled, tenure 5374 

Commissioner-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 5403 

Form, contents and distribution 5415 

Bribery 5428 



INDEX 269 

fITIKS AND TOWNS: — (Continued) 

Commission-Manager Plan of Government for: — (Continued) 

Certificate of result of election 5404 

Commission: 

Meetings of, when held 5448 

Powers of 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 

Tenure of office — 5411 

Unauthorized absence creates vacancy 5448 

Vacancies filled how - 5412 

Composition of Commission . 5410 

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 ^ , 1 5444 

Selection of successor when recalled....—,: .__, 5445 

Vacancy in office of -. . J 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 5431 

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 .-,t. ..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 . .: 5431 

When submitted to electors L ..... 5433 

When to take effect '5434, 5436 

Organization of communities as municipality, election proclamation, 

election of commissioners . . 5408 

Powers of municipalities under .-. I.,.-. .: 5409 

Proclamation of election 1.. .„_: 5402 

Qualification of electors :_ ...i..„i 5415 

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 5419 

Requirements il __. 5424 

Signatures and affidavit to petition papers 5421 

Tirne for filing petition for . , . 5426 



270 INDEX 

CITIES AND TOWNS: — (Continued) 

Commission-Manager Plan of Government for: — (Continued) 

Special eleflion for electing commissioners r)405 

Submission of question to electors, 'petition and order o"" election 5401 

Voting by disqualified person §'*o^ 

Working for candidate forbidden 5427 

Elections in: 

See also "\oting Machines — Conduct of Election" — "The Direct 

Primary" . - 704 

Declination of nomination of candidate filed when 620 

Expense of, proper charge against - — - - 077 

Fire disti-icts, bonding in unincorporated 31'l!>-r)150 

Government of. Legislature may provide, abolish or consolidate, 

election when Art. XVI, Sec. 7 page 14 

Indebtedness: 

Additional levy - -- 5195-5199.2 

Bonds, percentage of voters required to authorize 5278.11 

Creation of and .submission to taxpayers - 5278.1 

Election: 

Ballot forms, conduct of 5278.9 

Calling - 5278.7 

Canvass of returns— — - 5278.12 

Notice, hours, officers - 5278.8 

Registration of electors - - 5278.10 

Who entitled to vote.. , 5278.10 

Petition for election, form, proof, consideration..— -. 5278.G-5278.7 

Limit upon, election when Art. XIII, Sec. 6. page 12 

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 

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 _ — — 50G7 

Ordinances: Ballot, printed hovsr 506o 

Con tents of emergency - 5060 

Effective when -- - -,- 5060 

Petition: Action upon by council when. 5058 

Filing where 5058 

New, submitted under ^vhat circumstances 5058 

Per cent: Legal voters required to petition.. 5058 

Proclamation by mayor, publication and posting of 5064 

Proposed how 5058 

Referendum: May be ordered by 5% electors. 5061 

Special election held when.- 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 maleiinl, 

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 5066 

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 173-176 

City of the first class - 499.'i 

City of second and third class 499(i 

Oath and bond - 5013 

Removal how 5015 

Term begins when .5006, 5014 

Terms of ^O^i^ 

Town .- - 4997 

Vacancy: 

How filled _ -' '015 

Occurs when 5013 

Poll books: ^„, 

Paid for by ^71 

Preparation, contents, delivery 568 

Precinct registers. County Clerk to furnish copies of, charge for 571 

Precincts may include wards 545 



INDEX 271 

CITIES AND TOWNS:— (Cominued) 

Primary noiuinaling 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 

Sanitary Districts: 
Commission: 

Compensation, meetings Sec. 7, page 262 

Powers and duties of Sec. 8, page 262 

Commissioners: 

Appointment, term, vacancy Sec. 6, pages 261-262 

Election to create _ Sec. 4, page 261 

Establishment of - Chap. 292, pages 259-264 

Hearing on petition: - Sec. 2, 3, pages 259-2U0 

Jurisdiction _ Sec. 11, page 264 

Order establishing district, contents, filing Sec. 5, page 261 

Organization of: 

Election of officers; duties and powers of commission Sec. 7, page 262 

Petition for creation: Contents, filing of. Chap. 292, page 259 

Public corporation: Powers ..—Sec. 10^ page 263 

Ta.xes, levy and collection of Sec. 9, page 263 

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 OP CITIES AND TOWNS: See "Cities 

and Towns" 4961-4967 

CLERK OP THE SUPREME COURT: 

Term, elected how, duties and compensation fixed how Art. VIII, Sec. 9, page 9 
Vacancy, how filled, term Art. VIII, Sec. 34, page 10 

CLERKS OP 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 OP GOVERNMENT FOR CITIES: See "Cities and 

Towns" 5366-5399 

COMRUSSION-MANAGER PLAN OP GOVERNMENT FOR CITIES AND TOWNS: 

See "Cities and Towns" 5400-5514 

COMMITTEE ME N : 

City committeemen, county committeemen residing in city or town, 

to be, ex-officio 662 

County committeemen: 

City committeemen, ex-officio ()62 

Congressional committee members elected by 662 

Duties -— - 662 

Meetings - _ 602 

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 _ 688-714 

CONGRESS, MEMBERS OP. ELECTIONS AND VACANCIES 824-828 



•171 INDKX 

COXCJUESSIONAI, niSTRICTS 48 

CONSTITUTION: 

Convention to i-e\'ise, members, qualifications, meeting, 

election _ Art. XIX, Sec. 8, page 15 

Declaration of rights Art. Ill, Sec. — page .0 

Elections to be free and open Art. Ill, Sec. 5, page 5 

How amended or revised, necessity for election Art. XIX, Sec. 8, page ."> 

Ballot, use of separate prohibited 10.'. 

How placed on official ballot 10:^ 

Publication of i^roposed, cost how paid . 537.1 

United States, method of ratification — Sec "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 PKOPOSEI) AMENDMENTS TO CONSTITUTION 

OF THE UNITED STATES: 829.1-829.11 

Ballot, form and contents . ._ 829.5 

Certificate of lesult, preparation and transmittal .-.» 829.9 

Delegates: 

Apportionment to counties 829.2 

Compensation of 829. S 

Elected when 829.2 

Election results determined how _. 829.4 

General laws apply in election of - 829.2 

Nomination by petition, specif ications- 829.3 

Number chosen „ 829.2 

Quorum, officers, procedure, qualifications 829.7 

Time of meeting 829.6 

Federal Acts supersede state laws when — 829.11 

Officers, election of and compensation 829. 7-829. S 

Petitions, signers, qualifications 829.10 

Procedure when federal laws are followed In 829.11 

When convention must be held _. 829.1 

CORRUPT PRACTICES ACT: 

Actions to contest elections for violations of 

Advancement on docket 1 .10817 

Bond required, requisites of _ 10813 

Citation by court to contestee ♦,.- 10813 

Complaint (See petition, below) 
Corporations, proceedings against 

Jurisdiction of actions 10815 

Penalty on conviction of 10815 

Costs and attorney fees, allowed when 10813 

County Attorney's duty to prosecute 10808 

Defenses to 10803 

Dismissal of ..- 10817 

Evidence in — 10817 

Forfeiture of nomination or office 

Acts justifying _ 10804 

Defenses in actions for _ 10803 

Disqualification from public office as result of — 10807 

Grounds for 

Knimierated 10810 

Illegal votes 10810 

Allegations required to prove 10S12 

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 v. -10809 

Ineligibility of candidate _ _ lOSlO 

Seiioiis or material violations of act i 10810 

Hearing on 

Continuance or postponement of 10817 

Per.sons who may bo licard _ 10814 

Joinder of, when permissible 10814 

Judgment in 

Nature of _ _ 10814 

Vacating office for _ 10814 

Jurisdiction of _.._ lOSOn 

Jury wlien called In . „ „ _. 1081 \ 

Parties to _ 1081) 

Petition in 

Amendment of, by leave of court ^ 10813 

Contents of _ 10813 

Form of : _ 10818 

Notice of to contestee 10813 



INDEX 273 

CORRUPT PKACTICES .\tT: — (Continued) 

Actions to Contest Elections for Violations of: — (Continued) 
Petition In: — (Continued) 

Verification of, required inln^ 

Time of commencing — lUHU.i 

Trial of iaqiq 

Precedence over other matters inoio 

Time for .lOoliJ 

Witnesses in. privileges of - inail 

Advertising, regulation concerning — - i^it^ 

Appointment, offer of, prohibited when - iY,i^Z 

"Ask" defined - - iU77o 

Badge or insignia, unlawful practices concerning J5ZnT 

Betting on results of election constitutes corrupt practice inlat 

Campaignings on election day prohibited — - 10793 

Campaign expenditures 

Account of innao 

Certified copies may be issued of Znioi 

Entry in name of other than actual giver, prohibited 10783 

Failure to file ^nr,r,a 

Complaint for, concerning in^n 

Prosecution for ^ ■ J„Zo? 

Court may compel filing sufficient statement. 10781 

Jurisdiction in -- 10781 

Filing of: 

Inspected, by whom — - - - ]inr!n% 

Required when - -- - - JnZZZ 

State officers' duties concerning JSZZ? 

Petition to compel filing sufficient statement of - — - JX-rio 

Preservation of JR^qo 

Public record, becomes — - - JnZSS 

Required when -- 10777 

Candidate, by 

Statement of expenses 

Failure to file ^^on. 

Certificate of election to be withheld for 10801 

Name of candidate not to be printed on ballot for.- 10801 

Penalty for -- - JSZT^ 

Form of J^ - - 10819 

Contributions to 

Corporations and certain others, by, prohibited — - J5Zor 

Holder of elective office, by, prohibited - -- Jx oc 

Public officers prohibited from making iRZf o 

Undisclosed persons, by, prohibited J nZ^o 

Copies of Act, relating to, furnished to whom -- .10778 

Limitations on 

Candidate by inrrr,^ 

Election, in campaign for - -- }yj,it 

Nomination,, in campaign for - 1 n^^ 

Political parties, by ;j-- v.v-vv l^ZZz 

Persons other than candidates, statement of expenses to be filed by -. 1077 / 

Statement of receipts, concerning }?11^ 

Vouchers for, when required - — - 10777 

Candidate , „ , 

Acceptance of consideration to become, unlawful 

Injunctive remedy allowed, when - -- - 10|02 

Penalty for -- 10802 

Advertising by, regulations concerning }nihA 

Appointment of other persons, promise of, prohibited — - 10784 

Betting on results of election constitutes corrupt practice 10794 

Contributions and subscription by, prohibited — — - - }91no 

Copies of Act to be furnished to - - - irllf 

Defined — . . — ' 1077.5 

Demands and solicitations from, when prohibited — }91n^ 

Election not affected by offenses, when - 1080.. 

Expenditure by. limitations on 

Election, in campaign for — — — "" iSZ-ro 

Nomination, in campaign for — - }9Tl^ 

Illegal motive or inducement to become, remedy for, penalty for 10802 

Inducing person to be, by .soliciting reward, prohibited - - 1078S 

Promise to appoint other per.sons, prohibited — 10784 

Public officers not to be solicited for campaign contributions 1078.i 

Statement of expenses 

Failure to file ,r,of>i 

Certificate of election to be withheld for lO.soi 

Name of candidate not to be printed on ballot, for 10801 

Penalty for - - - jO^^fi 

Form of - -- - - - - - 10819 

Verification of — - — - iRSiv 

Treating bv, prohibited, acts constituting 10791 



274 LNDJUX 

COKKUPT PRACTICES ACT: — (Continued) 
Candidate: — (Continued) 

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 elections (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 

(IJorporations 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 10775 

"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 10775 

"Political agent" defined . 10775 

Political committees 

Books of account 

Inspection of, by other parties to be allowed : 10777 

Requirement of 10777 

Defined 10775 

Office holders as members of, prohibited _ „ 10786 

Treasurer, duties of, requirement of 10777 

Political insignia, providing of, prohibited 10797 

Political parlies' inspection of accounts by opposing party _ 10777 

"Provide" defined 10775 

"Public Office" defined 10775 

"Receive" defined 10775 

"Solicit" defined 10775 

Soliciting votes on election day, penalty for. 10799 

Treating, prohibited, acts constituting 10791 

Violations of Act 

Actions to contest for (See actions to contest elections foi' 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, genei'ally 10816 

Voters 

Coercion or influencing of, prohibited _ 10793 

Compensating for loss occasioned by election prohibited 10797 

Personation of, unlawful 10795-(> 

Promised to, for the purpose of influencing, unlawful 10796 

Soliciting or influencing on election day prohibited - 10799 

Transporting to polls, unlawful, when 10797 

Treating of, unlawful 10796 

Undue influencing of, unlawful j. ...10796 

Voting more than once, unlawful . ;. . — 10795 

Wagering on results of election constitutes corrupt practice . 10794 



INDKX 275 

COUNTIES: 

Abandonment of: 

Ballot, form of . Sec. 7, page IGl 

Canvass of election returns, transmittal of, 

Governor's proclamation , Sec. 8, i)age 161 

Determined by election results . Sec. 9, page 162 

Election: 

Close of registration '. Sec. 6, page 161 

Ordered by County Commissioners Sec. 3, page 158 

Proclamation by Commissioners, notices Sec. 6, page 161 

Or consolidation only on vote of electors.. Art. XVI, Sec. 8, page 14 

Petition: 

For attaohmcMit of part of county Sec. 3, page 158 

For election: 

Contents and number of signers Sec. 2, page 157 

Duty of County Clerk, additional help... Sec. 2, page 157 

Notice and hearing on Sec. 3, page 158 

Signers may not withdraw _ Sec. 2, page 158 

Sec. 3, page 157 
Sufficiency of determined by County Commissioners Sec. 7, page 158 

Questions to be .submitted Sec. 7, page 161 

Resolution by County Commissioners, and form of, signing of, 

transmission of certified copies Sec. 4, pages 148-159 

Special election, calling of, questions submitted, date, filing 

proclamation and copies Sec. 5, page 160 

Termination of county offices Sec 9 page 162 

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 commissioners when findings justify... "4394 

Effect of adverse vote _. _ 4395 

Election J 4394 

Judicial district ...""""..""..!" 4396 

Law terms defined !..7 ^ 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 

Publication by posting of notice _ 4404 

Repealing and .saving clause 4407 

State Senator and Members of House of '" 4405 

State Senator to be elected 1 4396 1 

Temporary county .seat 4394 

New: 

Commissioner districts established how Art. XVT, Sec 4, page 12 

Entitled to one Senator Art. Vti , Sec! 4^ page 8 

COUNTY: 

Assignment of commissioners to districts, method of Art. XVT, Sec 4 page 12 
Attorney: ' 

Election of, qualifications, term, compensation fixed 

and paid how, duties by law Art. VIII, Sec. 19, page 10 

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 4630.11 

Calling 4630.9 

Conduct of 4630.11 

Hours 4630.10 

Notice of „ _ 4630.10 

Off'^.^J" . , - 4630.10 

Qualification of electors _ 4030 12 

Percentage of electors required to authorize. 4630 13 

Petition: 

And election required vv^hen 4630 7 

Consideration of 4630 9 

Form, contents and proof of. I 4630 8 

Resolution by commissioners 4630 14 

Borrowing: 

Ballots: _ _ 4720 

Form and voting of _]„I._ 1" ' 4722 



276 INDEX 

COUNTY: — (Continued) 

Borrowing: — (Continued) 

Determination of amount necessai'y .„ 471S 

Election necessary when : 4717 

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 ..'.'. '. ..'J._J,._' . 4465.2,4515,4516 

Residence requirements - :..-... „ Art. XVI, Sec. 4, page 12 

Selection of District Art. XVI, Sec. 4, page 12 

Term of office not to be affected by boundary 

changes ._^_ ,„.^ ., . > Art. XVI, Sec. 4, page 12 

Vacancy, liow filled '.:. .J..L.: L_ 1— Art, XVI, Sec. 4, page 12 

Consolidated government with cities 5520.1-5520.5, 

5520.17-5520.:il, 
5520.90-.")520.101 

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 14 

Indebtedness, limit on, election wheix „..,..,-——-.;. Art. XIII. Sec. 5, page 12 

Alanager form of government:--——,-.-.--!--,-:,—!—--.----/- Chap. 374, page 158 

Authorized —■—!--.'—.; ^ .— — , 4954.1 

Method of adoption — ,-.- tt — --'-— — -—'-.- .-.-—.- ; • 4954.2 

Recall of commissioners -;—---—.„'.--„- — .-. -- ,. . -'- 4954.23 

Officers: ''■'..' 

Listed, term - .: — I— Art. XVI, Sec. 5, page 14 

Other may be pi-ovided by Legislautre Art.XV'I, Sec. i3. page 14 

Vacancies, how filled, term - Art. XVI, Sec. 5, page 14 

Offices, consolidation of and combining duties, powers ., . 

of commissioners, procedure '..-■-—,-—„.- .'.^.'..'A.rt. XVI, Sec. 5, page 14 

Publication of questions to be submitted to voters of .'-;,-- 538 

Seat: ..■■.■ 

Location of, procedure — ^___,— . — ,— --^,_, , , — 4378-4389 

Removal of: ., ' 

By Legislature forbidden __.il._,,,__:— — 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 .'.„-_:_— ,-L_ 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..... — - .^.i -^..— v..-.-. — ... ;.-..-.....wi,- t)73,3 

County conventions: 

Called how .-_.-...^ .— >.—....„ 673.3 

Composition of : 673.3 

County chairman to preside at ; — ■— 673.4 

Delegates, number to state convention. — .. —, .-. — j — i- — ;^.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 . 673.7 

Call: 

By chairman - - — . 673.7 

Copy to county chairman , 673.7 

Publication of - - — .- 673.7 

Certificates of election : — 673.7 

Conduct under party rules subject to state law — _ 673.7 



INDEX 277 

DELEGATES TO NATIONAL CONVENTIONS: — (Continued) 
State Conventions: — (Continued) 

Expenses fixed and paid liow 673.8 

Purpose and duties 673.6 

Time for holding ; 673.6 

Whiere lield '673.6 

Wlio 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 

. Expense Accounts — See "Corrupt Practices Act." 

.. Frauds 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: 

, ... 'I Depositing of, without official stamp, penalty for 10759 

Disclosing contents of, after marking, penalty for .10760 

. . Disclosing contents of, by election otJicers, 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 

Taking from polling-place before polls close, penalty for 10760 

.. . Voting of unofficial ballot, penalty for ■ 10760 

Ballot-box, destroying or attemgtiiig 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 :...,........ ....: j . 5428 

Candidate: 
. . Agreement to appoint or procure appointment of a person to 

office, when unlawful . ., ....._1, 10762 

Appointment to office as compensation for vote or aid: 

Communicating offer of, penalty for . 10763 

Promising of, penalty for.., . .• 10762 

Corrupt practice iDy, constitutes void election 10772 

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 ......;......i... 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 



276 



INDEX 



E LECTION : — ( Continued ) 

Frauds and Offenses: — (Continued) 
Nomination certificate: 

Destruction of, penalty for ... 

Filing falsely, penalty for 

Making falsely, penalty for 

Suppression of, penalty for 
Nomination papers, forgery of . 
Officers: 

Electioneering on election day, by, penalty for 10759 

Illegal influence used on voters, by, penalty for 10757 

Interference with, constitutes felony 10749 



10758 
10758 
10758 
10758 
... 669 



10747, 10752, 10753 
10747 



.10752 
-10749 



Violation of election laws and duties by, penalty for 

Penalty where not otherwise provided 

Poll-lists: 

Changing or destroying, by election officer, constitutes felony- 
Persons destroying or attempting to destroy, penalty 

Polling-place: 

Electioneering on election day at, penalty for 10760 

Obstructing entries to, penalty for 10760 

Supplies or conveniences, removal or destruction of, penalty for .10760 

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 

10780 



.10766 
10765 



10750 
10750 



Prosecution of 

Public meeting, assembly for: 

Disturbing of, penalty for 

Hindering or preventing, penalty for 

Registration: 

Attempt to register: 

More than once, a misdemeanor 

Unauthorized person, by, a misdemeanor. 
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 

Violation of election laws, penalty for, generally _ 10768 

Void election, corrupt practice by candidate constitutes 10772 

Voters: 

Disturbing assembly of, penalty for 

Illegal influence on, penalt^^ for use of..... 

Persons interfering with, constitutes felony.. 
Voting: 

Attempt to vote: 

More than once, a misdemeanor 
Unauthorized person, by, a misdemeanor 

Ballot, unofficial, penalty for 

Changing result of: 

(General prohibition against, penalty for violation of 10755 



10766 
10757 
10749 



10750 
10750 
10700 



Officers, by, constitutes felony 

Fraud in, constitutes felony.. 

Illegal influence in, penalty for use of 

Instruction cards, penalty for destroying . 

More than once, a misdemeanor 

Procuring illegal, a misdemeanor 
Wager on elections constitutes misdemeanor- 
Laws, duty of Secretary of State to print 

Place of holding in precinct, how fixed 

Precinct.s — See also "Precincts." 
Establishment of 



Power of County Commissioners to establish, change, abolish 

Proclamations: 

By County Commissioners 

Contents of Governor's _ 

Governor's -. 



Publication and posting by County Commissioners 

Returns: 

Ascertaining the vote cast and persons voted for 

Ballots: 

Destruction authorized when in excess of names on check list, 

record of action 

Disposition of rejected '. 



10752 

10749 

10757 

107G0 

10750 

10751 

10767 

807 

._550, 551 

545 

4465.2 



536 
534 
533 
535 

778 



776 
779 



INDEX 279 

ELECTION: — (Continued) 
Returns: — (Continued) 
Ballots: — (Continued) 

Disposition of voted ' '" 

What must be counted or lejected - 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 i-esult 796 

Entry of result, detailed 794 

Irregularity in returns not to cause rejection _ 798 

Mode of 775 

Messenger for county returns when 792 

Messenger's compensation, paid how, rate 792 

Plurality to 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 

State returns, how made and transmitted 801,802 

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 

Free and open Art III, Sec. 5, page 5 

Notices: 

Clerks to mail - ■ — 594 

Form of .- 594 

Officers: 

See Judges and Clerks of : 587,597 

Power of Legislature to pass laws to secure purity of Art. IX, Sec. 9, page 11 

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 - - 54^; 

Not required to perform military duty, when Art. IX, Sec. 5, page 11 

Privileged from arrest 541 

Privileged from arrest except when — Art. IX, Sec. 4, page 1 1 

EXECUTIVE DEPARTMENT, OFFICERS CONSTITUTING, TERM. 

DUTIES, RESIDENCE Art VII, Sec l,page 8 



280 INDEX 

EXECUTIVE OFFICERS: 

Election of, procedure on tie vote, returns, contested Art. VII, Sec. 2, page 8 

Qualifications Art. VII, Sec. 3, page S 

Expense Accounts — See "Corrupt Practices" < 

FIRE DISTRICTS, bonding in unincorporated towns, procedure and 

election . ... 5149-5150 

FREEHOLDERS AFFIDAVIT, form of _ 576 

GOVERNMENT: 

County Manager form of Chap. 374, page 158 

Municipal, Legislature may provide plan of Art. XVI, Sec. 7, page 14 

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 judges, election and term 4730 

Justices of the Peace, election and term 4730 

Township officers 472ti 

HIGHWAYS OR ROADS, Legislature not to enact special 

laws for __ Art. V, Sec. 26, page 6 

INDEBTEDNESS: See also County Bonds and Warrants; County Borrowing; 

County Finances; Cities and Towns. 
Public: 

Election when - -Art. XIII, Sec. 5, 6, page 12 

Limitation on city, town, school district, election, 

when . Art. XIII, Sec. 6, page 12 

Limitation upon county— ..Art. XIII, Sec. 5, page 12 

Qualification of persons voting on questions to create Art. IX, Sec. 2, page 10 

Relinquishment of forbidden Art. V, Sec. 26, page 5 

State: 

Qualifications of voters upon questions of .- _ Chap. 28, page 255 

Questions of: How submitted . 2o5-256 

Submission of question to voters, how - Chap. 28, page 255 

IDIOT OR INSANE, excluded as elector 543 

INITIATIVE AND REFERENDUM; See also "Cities and Towns" -. .5058-5068 

Ballot, form of determined how _ -- 104 

Ballots, separate official requiied when _ 105 

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.. -. 105 

Constitutional Amendments, printing of 537.1 

County Clerk: 

Duties to distribute measures 105 

Duty of, in certifying signatures 101 

Counting of signatures 101 

Distribution of measures 105 

Elections upon, held when Art. V, Sec. 1, page 5 

False signatures 107 

Forms not mandatory 101 

Initiative: 

Contents of petition.- Art. V, Sec. 1, page 5 

Enacting clause Ai't. V, Sec. 1, page 5 

Filed when Art. V, Sec. 1, page 5 

Form of petition 100 

Number voters required to propose measure.— —Art. V, Sec. 1, page 5 

Law proposed, how printed 105 

Legislative member not excluded from introducing any 

measure '- Art. V, Sec. 1, page 5 

Measures: ■ 

Certification and numbering of 103 

Initiative, how designated 103 

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 



INDEX 281 

INITIATIVE AND REFEUENDUM: — (Continued) 
Petitions: — (Continued) 

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. l.page 5 

Referendum: 

Form of petition for.. 99 

Number voters required to order Art. V, Sec. 1, page 5 

Power of people to reject laws and exception Art. V, Sec. l.page 5 

Time when filed Art. V, Sec. 1, page 5 

Referred bills not effecti\e 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 5 

• . Time for printing and distribution of ; _. : 105 

Title and text to be attached to each sheet of petition 101 

Title to be used, length of, similarity forbidden — 103 

Titles and numbers, duty of County Clerk in printing on ballot 103 

Veto power of Governor not to extend to Art. V, Sec. 1, page 5 

Voting, manner of 104 

Who may petition 107 

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 required, 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 Ajt.VIII, Sec. 6-8, page 8 

General laws applicable when . 812.15 

Method of nomination and election . 812.1-812.15 

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 ....812.14 

Voting of ballots 812.7 

Nominations, placing names on ballot 812.9 

Nominees: 

Number of fixed. _.. 812.9 

Who are ..-.1 812.9 

Political party not to endorse candidates for office of 812.13 

Qualifications to be Art. VIII, Sec. 10, page 9 



282 INDEX 

JUDGES OF THE SUPUEIME AND DISTRICT COURTS:— (Continued) 

Repealing clause 812.15 

Tie vote, decided how _ „ 812.10 

X'acancies among nominees after nominations and before general 

election, how filled 812.11 

Vacancies in office, how filled, term Art. VIII, Sec. 34, page 10 

Voting machines, arrangement of ballot in primary and general elections 812.14 

.TTSTICES AND POLICE COURTS, number of, terms, vacancies 8833, 8837-8 

.TUSTICES OP THE PEACE: 

Number elected, term, jurisdiction Art. VIII, Sec. 20, page 10 

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 

Proposal of by people — See "Initiative and Referendum" Art. V, Sec. 1, page .'» 

LEGISLATIVE ASSEMBLY: 

Legislative authority vested in Art. V. Sec. 1, page 5 

Number constituting Art. V, Sec. 4, page 6 

Vacancies in, liow 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 2815.96-2815.103 

and Chap. 84. Laws 1937, pages 140-41 

MILITARY DUTY: 

Elector not required to perform, when Art. IX, Sec. 5, page 11 

Electors exempt from 542 

MHilTARY OR NAVAL SERVICE, restoration of registration when 565 

NATIONAL COMMITTEEMEN AND COMMITTEE WOMEN — See 

"Delegates to National Convention.?" 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, page 28 

Exhibit at precinct when 559 

NOMINATION OF CANDIDATES: 

B.v 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 ,..L 617 

Certificates to be pre.served how long _.. 617 

Certificates, where filed - 614 

Certification of name and de.scription of nominee — - 019 

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 



INDEX ZN8 

NOMINATION OP CANDIDATES:— (Continued) 

By Convention or Triniary Meeting: — (Continued) 

Unlawful interference (j2o 

Vacant'ies: How filled — U. S. Congress, nomination ol candidates to fill G12 

Vote, who entitled to .. _ 624 

Voter: Qualification at primary " .""'. ' ' 623 

By Direct Vote: (The Direct Prinuiry) 

Arrangement and certification of names of randidnles for the ballot 648 649 
Ballot boxes: 

Opened only under order of court or wlieii needed 638 

Seals on, not. to be broken, except when _ 638 

Ballots: 

Arrangement o) (ir,-j 

Blank, disposal of deposited blank 651 

Colored sample, printed foi- (i4<) 

Counting of, method ... 63(i 

County Clerk to have printed 649 

Form of :_., 651 

Manner of votmg 651 
Names of candidates: 

Arrangement of ___ 649, 651 

Rotation of _ _ 651 

Written in, how counted ^^^ 

Number furnished each precinct. . 652 

Party tickets, arrangement of- 651 

Printing of 651 

Public record and how long preserved _ 646 
Sample: 

Cost of 652 

County Clerk's order required for printing of 1....Z.""-" 652 

Political parties may order from Clerk. 652 

Preparation of _ 652 

Specifications of ""!""!_' 652 

Separate for each party ]_^]r " 651 

Size to be uniform _ 651 

Voting of . LI.!Zrmi 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 Z~-l 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 
Secretary of State: 

Duties concerning 655 

Sending for belated returns - ' 1 657 

Telegraphic returns may be made „ 657 

Time for :;; 655 

Votes 637 

Certificate of nomination: Governor to issue 655 

By County Clerk after contest decision 661 

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 " ~. . " J.J _i 584 

Check list, to be furnished, precinct judge ... _ _. 650 

Cities and towns: Authority of officers in elections in "" _ Jl" 634 



284 INDEX 

NOMINATION OF CANDIDATES:— (Continued) 

Cities and Towns: Authority of Officers in Election in: — (Continued) 

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 .. . i ,. 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"), (Corinipt 
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 nomination papers, penalty 669 

General laws applicable ..- - 670 

Highest number of votes nominates . 654 

Independent candidates, primary law not to prevent person from 

rimning as _ 651 

.Judges' compensation: 

Countv Clerk to certify as to amount of 654 

Pavment out of county treasury on order of County Commissioners 654 

.ludgesto be furnished with copy of official register and check list -. 650 

Minority parties may make nominations other than by 639 

Municipal corporations: 

Election not held in, when fi^4 

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 631 

Parties who may not nominate under 639 



IXDRX 285 

NOMINATION OF CANDIDATES:— (Continued) 
By Direct Vote: (The Direct Primary) 

Party name: Independent and non-partisan candidates may not 

use existing 639 

Riglit 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 ._ . 641 

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 638 

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 printed and furnished by county . 650 

Suppression of nomination papers, penalty for 1 669 

Tally sheets: 

Certificate attached to 637 

Form of . 7 637 

. . Posting of, when properly filled out • 637 

Procedvjre 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 

Percentage requirement 640 

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 

OFFICE: Civil, age and citizenship, requirements to hold 410 

Forfeiture of. when ...:_ 585 

Person qualified to vote is eligible for public Art. IX, Sec. 11, page 11 

Public: (i^itizenship and residence qualifications for 

appointment or election to Art. IX, Sec. 11, page 11 

OFFICERS: See also "Executive Officers" Art. VII, Sec. 1-3, page 8 

See also "Justice of the Supreme Court" Art. VTII, page 8 

Election: See "Judges and Clerks of Election" 587-597 

Public: Legislature may provide for other Art. XVI, Sec. 6, page 14 



28fi INDEX 

PARTY PLATFORM: Formulation of 666 

PENALTIES: For violation of laws _. 808 

Judges and Clerks of Election for failure or refusal to do duty 611 

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 ..- 57S) 

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 Co«nty 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 Chap. 2, page 227 

PRECINCT RECORDS: Want of form not to vitiate _.. :.. 601 

PRECINCT REGISTERS: 

Copies of for public, charge for 572 

Form of affidavit for freeholders 576 

Name of voter must appear in J 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 

I'lace 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 813 

Canvass of votes, how made 814 

Certificate of election to 815 

Certificates of nomination filed with Secretary of State 673.7 

Compensation of 822 

How audited and paid 823 

Conventions: 

County: Called by whom, publication «>78.3 

Certificates of election 673.5 

Delegates, election of 673.5 

Organization of - ()73.5 

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 



INDEX 287 

PRKSIDENTIAL ELECTORS:— (Continued) 

Conventions: — (Continued) 

State: 

Call and publication 673.7 

Certificate of election 673.7 

Conducted how .. 673.7 

Date, when held and where _ r. - 673.6 

Proxies 673.7 

Vacancies filled how :.. 673.7 

Who may sit in J.— .673.7 

Who presides at : 673J7 

Diitv of the Governoi- 815 

Elected when . . 813 

How chosen, duties 813-823 

List of, delivery by Governor to 815 

List of persons voted for 820 

Meeting of . 810 

Nominated how fi73.2 

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 .; 818 

PRIMARY: See 'Nomination of Candidate.s — The Direct Primary" 

PROCLAMATIONS: By Governor and County Commissioners 53:5-536 

Governor's on nomination of candidates 655 

QUALIFICATIONS AND PRIVILEGES OP 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 OP 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 cau.se, election officer.?' failure to comply with counting 

requirements in 828.2 

Several applicants, procedure in case of 828.4 

REGISTRATION OF ELECTORS: (See also "Cities and Towns, 5009) pages 24-39 

Absent in Military Service . Chap. 99, pages 41-44 

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 



288 



INDEX 



KKGISTKATIOX OF ELECTORS.— (Continued) 
Absent in Military Service: — (Continued) 

Entry on official register 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 per.sonally befoie registrai-. affidavit page 40 

Action to compel 577 

Acts constituting violation of laws, penalty .. 585 

Affidavit of electors to prevent cancellation for failure to \ ote, required 

when 562 

Applicant not qualified, procedure in 559 

Cancellation for failure to vote, except those in militai'y service, when 562 

Cancellation of registry cards, notice when _ 570 

Canccllal ion of registry cai-ds, when .. . 570 

Cancellation upon transfer of elector to other district . 561 

Card index „ j. 554 

Cliallenges and action on 573 

Challenging of. oath _. . 584 

Change of residence to another county, form and procedure 561 

Close of, procedure ..- -. „._ 566 

Compensation of county clerk for poll books ...; ^ 571 

Deputy of county clerk, authority of ^ 580 

During closed period . ' . i 569 

•'Election" defined . . 582 

"Elector" defined - 581 

lillectors appearing on books prior to passage of act. procedure 558 

Fee for registering electors residing at distance .. 556 

Help furnished by County Commissioners ' 586 

Hours for ., 558 

Infirm ,.. : 556 

Laws, power of Legislature to pass — Art. IX, Sec. 9, page 11 

List of furnished to the public -. 567 

List of, supplementary 567 



Military service, affidavit of electors to prevent cancellation for 

failtire to vote 

Naturalization, certificate presented to registrar, action upon 

Naturalization certificates, procedure when lost _. 

Naturalization papers, affidavit of lost .: - : - 

Notice of close of, posting - - 

Penalty for false 

Penalty for violation ., .-. . . 

Penalties in general Chap. 172, 

Poll Book: Omission of name, remedy 

Preparation, contents and delivery of ^ .„ 

None prepared, when _ 

Precinct register books, voter to sign 



Precinct registers, copies of for publie, charge 

Precinct register, voter's name must appear in 

Printing and posting list of, contents, time of, expense paid how 

Proof of identity required when ,. ,l . , ^....c _.. ..-. 

Questioning as to any previous 1... ^■. , 

Register card index _, 

Registrar: County Clerk as 1.— • 

Deputy: How appointed, fees, duties of 

Notaries, Justices of the Peace are; fees 

Registry book, form designated by Secretary of State 

Registry card, form of 

Registry cards, classification and arrangement by precincts, kept iiow 

Registry cards, numbering of 

Re-registi'ation permitted, when ■_.-...•. 

Re-registration procedure ^'.. -'. 

Residing at a distance .. , 

Residence, rules for determining 

Restoration of electors from "cancelled" file when, affidavits. 

procedure Sec. 2. 

Piestoration of members in land or naval forces, when 

.Supplies fui-nished by county .■.■...„•.... 

Transfer of within county, form and procedure 
Who may register 



562 
575 
575 
554 
566 

555 

585, 588 
page 29 

579 

568 

568. 571 

.... 576 

572 

578 

567 

..... 578 

_.. 561 

554 

. ... 553 
557 
557 
554 
554 
558 
558 
570 
562 
556 
574 

I>age 30 
565 
586 
560 



REPRESENTATIVE DlSTItlCTS 



RKSIDENCE: 

Not gained by military service, when 

Not lost or gained when 

Rules for determining 



Art. \'. Sec. 4. page (5 
Art. VI. Sec. ■?,. page 7 



Art. IX. Sec. (i. page 11 

Art. IX. Sec. .?, page 11 

574 



ItlGHTS, Declaration of 



.Art. Til. Sec. 2. i)age 5 



INDEX 289 

RIGHTS OP SUFFRAGE . - _- —Art. IX, Sec. 1-13. pages 10-11 

SANITARY DISTRICTS: 

See "Cities and Towns" Chap. 292, pages 259-2G4 

SCHOOL DISTRICT OFFICERS: 

Elections for, shall be held separately Art. XI, Sec. 10, page 12 

SCHOOL DISTRICTS: 

Clerk to notify when poll books not required _ 571 

Indebtedness: 

Limitation upon, election when ._ — Art. XIII, page 12 

Poll books: Paid for by 571 

Preparation and contents 568 

Precinct registers, County Clerk to supply, charge for _ 572 

SCHOOLS: 

Bonds of: -_. _ - 1224.8-1224.14 

District: Ballots, preparation and form — 1224.11 

Canvass of election returns 1224.15 

Election, conduct of _ - 1224.13 

Form of notice for sale of 1224.16 

List of electors 1224.12 

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 1224.8 

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.^pecial laws forbidden Art. V, Sec. 26, page 6 

County Superintendent; eligibility; qualifications, election 

and term 950-950.1-931-952 

Districts: Bond elections — Held only after petition by qualified electors 1252-1253 

Consolidated how; disposition of bonded indebtedness 1034 

Elections relating to 931, 950, 950.1, 951 

Extra taxation: 1219-1223 

Election: Ballot, form and marking of 1222 

Challenge; oath; false swearing 1.1223 

Conduct of 1222 

Notice of 1220 

Purposes of levy; use of funds 1221 

Submission of question 12 19 

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 1262.22 

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 . 1037 . 1 

Junior Colleges: 

Approval of Superintendent of Public Instruction - Chap. 158, page 136 

Definition of terms Chap. 158^ page 137 

Election Chap. 158, page 137 

Establishment of upon approval of electors Chap. 158, page 137 

Method of establishment Chap. 158, page 136 

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 1262.49 

Issuance of 1262.51 

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 1262.46 

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 

Tnastees: Challenges — Oath of voters 1003 

Clerk of, vacancy . 1000 

Duties of 1015 



290 INDEX 

SCHOOLS: — (Continued) 

Election of: 987-996 

Ballots and method of voting ^ 995 

Call of special : 1014 

Canvass of votes 996 

Conduct of 989-990 

Districts of second and third class 988 

Expenses 1004 

First class districts 990 

Hours of -. ^...._ 993 

Judges' certificates 996 

Judge of 994 

Notice of J. 992 

Poll and tally-list .— 996 

Qualification of electors _ 1002 

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. 10-13, 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 810-811 

Proceedings on — 810 

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") 761-763 

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: pages 82-89 

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 



INDEX 291 

VOTING:— (Continued) 

Ballot: Disposition by Clerk Voted — (Continued) 

Not disilosed on election day or after delivery to Judge 719 

Ballots: Clerk to send special delivery to judges - _ 728 

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 

ilarking 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 requirement 72 1 

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 

By taxpayers on questions concerning creation of levy or debt Chap. 44, page 107 

Challenge procedure 706-714 

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 g[uard 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 11 

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.— - 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 11 

Solicitation to show voted ballot forbidden 693 

Space protected by ropes _ 693 



292 INDEX 

VOTING:— (Continued) 

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 ballot in — 696 

VOTING MACHINES: 

Approval expenses certified by State Auditor - 757 

Approved prior to lav^^s of 1943 Chap. 19, Sec. 4, page 97 

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 

Candidates' titles printed how 763 

Canvass of vote cast by use of -- 733 

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 

Custodian's duties - 761 

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 i 765,767 

Judge shall not serve except when duly qualified - — - 761 

Judge to receive qualification certificate 761 

Judges of election, number of 761 

Only person voting permitted within rail, except - 761 

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, ^4f hen 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 - -- 7o7 

General features required in o-,o i? 

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 

Pavment, 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 and use of 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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