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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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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       0 

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     0 

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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