^-?f '. "f STATE JOCUMENTS
ELECTION LAWS
OF THE
STATE OF MONTANA
1968
Arranged and Compiled from the Revised
Codes of Montana of 1947,
as Amended
Compiled by
Frank Murray, Secretary of State
Helena, Montana
January, 1968
Montana State Ubrary
3 0864 1004 2461 6
ELECTION LAWS
OF THE
STATE OF MONTANA
1968
Arranged and Compiled from the Revised
Codes of Montana of 1947,
as Amended
Compiled by
Frank Murray, Secretary of State
Helena, Montana
January, 1968
Copyright © 1967
The Allen Smith Company
Indianapolis, Indiana
Publishers of the
REVISED CODES OF MONTANA, 1947
TABLE OF CONTENTS
CONSTITUTION PAGE
Article III. A Declaration of Eights of the People of the State of Mon-
tana 1
V. Legislative Department 1
VI. Apportionment and Representation 4
VII. Executive Department 5
VIII. Judicial Departments 6
IX. Rights of Suffrage and Qualifications to Hold Office 8
X. State Institutions and Public Buildings 10
XI. Education 10
XII. Revenue and Taxation 10
XIII. Public Indebtedness 11
XVI. Counties — Municipal Corporations and Of&ces 12
XIX. Miscellaneous Subjects and Future Amendments 15
TITLE 1. AERONAUTICS
Chapter 8. Establishment of Airports by Counties and Cities — Municipal
Airports Act 16
TITLE 4. ALCOHOLIC BEVERAGES
Chapter 1. State Liquor Control Act of Montana 17
3. Montana Beer Act 18
4. Montana Retail Liquor License Act 20
TITLE 9. CEMETERIES
Chapter 2. Public Cemetery District Act 22
TITLE 11. CITIES AND TOWNS
Chapter 2. Classification and Organization of Cities and Towns 27
3. Changes in Classification of Cities and Towns 29
4. Additions of Platted Tracts to Cities and Towns 29
5. Alteration of Boundaries, Exclusion and Inclusion of Terri-
tory 30
7. Officers and Elections 33
9. Powers of City and Town Councils 38
10. Powers of City and Town Councils (continued) 40
11. Ordinances — Initiative and Referendum 43
12. Contracts and Franchises 48
17. Municipal Courts 50
20. Fire Protection in Unincorporated Towns — Fire Wardens, Com-
panies and Districts 50
22. Special Improvement Districts 52
23. Municipal Bonds and Indebtedness 57
24. Municipal Revenue Bond Act of 1939 61
25. Abatement of Smoke Nuisance 62
31. Commission Form of Government 64
32. Commission-Manager Form of Government 79
33. Commission-Manager Form of Government (continued) 97
34. City and County Consolidated Government 98
35. City and County Consolidated Government (continued) 105
36. Metropolitan Sanitary Districts, Repealed — Section 14, Chapter
185, Laws of 1957 112
37. Off-street Parking Facilities 112
39. Urban Renewal Law 113
TABLE OF CONTENTS
TITLE 16. COUNTIES PAGE
Chapter 3. Removal of County Seats 115
4. Location of County Seats 118
5. Creation of New Counties by Petition and Election 123
8. General Powers and Limitations upon Counties 134
10. General Powers and Duties of County Commissioners 135
11. Special Powers and Duties of County Commissioners 135
12. County Printing Commission 135
19. County Budget System 136
20. County Finance — Bonds and "Warrants 139
23. Vote Necessary on Proposal to Raise Money 142
24. County Officers — Qualifications — General Provisions 144
39. County Manager Form of Government 146
40. Abandonment of Counties 148
43. Public Hospital Districts 154
45. County Water and Sewer Districts 156
TITLE 19. DEFINITIONS AND GENERAL PROVISIONS
Chapter 1. Definitions and Construction of Terms — Holidays — Other General
Provisions 167
TITLE 23. ELECTIONS
Chapter 1. Time of Holding Elections — Proclamations 169
2. Publication of Questions Submitted to Popular Vote 172
3. Qualifications and Privileges of Electors 173
4. Election Precincts 177
5. Registration of Electors 180
6. Judges and Clerks of Elections 199
7. Election Supplies 204
8. Nomination of Candidates for Special Elections by Convention
or Primary Meetings or by Electors 208
9. Party Nominations by Direct Vote — The Direct Primary 219
10. Political Parties 241
11. Ballots, Preparation and Form 243
12. Conducting Elections — The Polls — Voting and Ballots 250
13. Voting by Absent Electors 260
14. Voting by Absent Electors in United States Service 272
15. Registration of Electors Absent from County of Their Resi-
dence 276
16. Voting Machines — Conduct of Election When Used 277
17. Election Returns 290
18. Canvass of Election Returns — Results and Certificates 295
19. Failure of Elections — Proceedings on Tie Vote 300
20. Nonpartisan Nomination and Election of Judges of Supreme
Court and District Courts . 302
21. Presidential Electors, How Chosen — Duties 307
22. Members of Congress — Elections and Vacancies 309
23. Recount of Ballots — Results 311
24. Conventions to Ratify Proposed Amendments to Constitution
of the United States 321
25. Electronic Voting Systems 324
TITLE 32. HIGHWAYS, BRIDGES AND FERRIES
Chapter 29. Board of County Commissioners Responsibility for Bridges and
Ferries 329
36. County Tax Levies for Road and Bridge Construction 329
TITLE 37. INITIATIVE AND REFERENDUM
Chapter 1. Initiative and Referendum 330
TITLE 43. LEGISLATURE AND ENACTMENT OF LAWS
Chapter 1. Senatorial, Representative and Congressional Districts 337
2. The Legislative Assembly 339
TITLE 44. LIBRARIES
Chapter 2. County and Regional Free Libraries 341
TABLE OF CONTENTS
TITLE 62. PARKS AND PUBLIC RECREATION PAGE
Chapter 2. City, Town and School District Civic Centers, Parks and Recre-
ational Facilities 341
TITLE 75. SCHOOLS
Chapter 13. The Public Schools — Superintendent of Public Instruction 342
15. County Superintendent of Schools 343
16. School Trustees 344
17. Budget System 350
18. School Districts 352
31. Schoolhouse Sites and Construction 357
34. Transportation of Pupils 358
37. Finance 358
38. Extra Taxation for School Purposes 359
39. Bonds 362
41. High Schools — County — Junior and District — Joint School Sys-
tems 369
42. High Schools — County — Junior and District — Joint School Sys-
tems Continued — Vocational Education 377
44. Community College Districts 380
45. High School Budget Act 388
46. High School Districts— Public Works 389
TITLE 82. STATE OFFICERS, BOARDS AND DEPARTMENTS
Chapter 5. Clerk of Supreme Court 395
TITLE 84. TAXATION
Chapter 47. Cities and Towns — Taxation and License 395
TITLE 89. WATERS AND IRRIGATION
Chapter 13. Irrigation Districts — Board of Commissioners, Powers, Duties
and Elections 397
23. Drainage Districts — Commissioners — Election — Organization — Re-
ports 403
33. County and Municipal Participation in Flood Control and Water
Conservation 405
TITLE 93. CIVIL PROCEDURE
Chapter 2. Supreme Court 405
3. District Courts 407
4. Justices' and Police Courts 409
TITLE 94. CRIMES AND CRIMINAL PROCEDURE
Chapter 14. Election Frauds and Offenses — Corrupt Practices Act 409
INDEX 439
CONSTITUTION
ARTICLE III
A DECLARATION OF RIGHTS OF THE PEOPLE OF THE STATE OF MONTANA
Section 2. The people of the state have the sole and exclusive right of
governing themselves, as a free, sovereign, and independent state, and to
alter and abolish their constitution and form of government, whenever they
may deem it necessary to their safety and happiness, provided such change
be not repugnant to the constitution of the United States.
Section 5. All elections shall be free and open, and no power, civil or
military, shall at any time interfere to prevent the free exercise of the right
of suffrage.
ARTICLE V
LEGISLATIVE DEPARTMENT
Section 1. The legislative authority of the state shall be vested in a
legislative assembly, consisting of a senate and house of representatives;
but the people reserve to themselves power to propose laws, and to enact or
reject the same at the polls, except as to laws relating to appropriations of
money, and except as to laws for the submission of constitutional amend-
ments, and except as to local or special laws, as enumerated in article V,
section 26, of this constitution, independent of the legislative assembly;
and also reserve power, at their own option, to approve or reject at the
polls, any act of the legislative assembly, except as to laws necessary for
the immediate preservation of the public peace, health, or safety, and ex-
cept as to laws relating to appropriations of money, and except as to laws
for the submission of constitutional amendments, and except as to local or
special laws, as enumerated in article V, section 26, of this constitution.
The first power reserved by the people is the initiative and eight per cent,
of the legal voters of the state shall be required to propose any measure
by petition ; provided, that two-fifths of the whole number of the 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 be-
fore 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
Art. V, § 2 election laws
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.
All elections on measures referred to the people of the state shall be
had at the biennial regular general election, except when the legislative
assembly, by a majority vote, shall order a special election. Any meas-
ure referred to the people shall still be in full force and effect unless
such petition be signed by fifteen per cent, of the legal voters of a ma-
jority 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 pro-
vided 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. (As amend-
ed by Ch. 61, Laws 1905, effective December 7, 1906.)
Section 2. Senators shall be elected for the term of four years, and
representatives for the term of two years, except as otherwise provided
in this constitution.
Section 3. No person shall be a representative who shall not have
attained the age of twenty-one years, or a senator who shall not have
attained the age of twenty-four years, and who shall not be a citizen of
the United States, and who shall not (for at least twelve months next
preceding his election) have resided within the county or district in
which he shall be elected.
Sec. 4.
Repeal states that "there shall be no more than
This section was repealed by Ch. 273, one senator from each county" is void and
Laws 1965, adopted at the general elec- unconstitutional in that it violates the
tion of November 8, 1966, effective under equal protection clause of the fourteenth
governor's proclamation, December 6, 1966. amendment of the constitution of the
United States. Herweg v. Thirty Ninth
Conatltutionallty Legislative Assembly of State of Mon-
The portion of this provision which tana, 246 F Supp 454.
Section 9. The senate shall, at the beginning and close of each regular
session, and at such other times as may be necessary, elect one of its mem-
bers president pro tempore. The house of representatives shall elect one of
its members speaker. Each house shall choose its other officers, and shall
judge of the elections, returns, and qualifications of its members.
CONSTITUTION OF MONTANA ART. V, § 46
Section 26. The legislative assembly shall uot pass local or special laws
in any of the following enumerated cases, that is to say: For granting
divorces; laying out, opening, altering or working roads or highways; va-
cating roads, town plats, streets, alleys or public grounds; locating or chang-
ing county seats; regulating county or township affairs; regulating the
practice in courts of justice; regulating the jurisdiction and duties of jus-
tices of the peace, police magistrates or constables; 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 ac-
tions, or giving effect to informal or invalid deeds; summoning or im-
paneling grand or petit juries; providing for the management of com-
mon 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 disabil-
ity ; chartering or licensing ferries or bridges or toll roads ; chartering
banks, insurance companies and loan and trust companies; remitting
fines, penalties or forfeitures; creating, increasing or decreasing fees, per-
centages or allowances of public officers; changing the laAv of descent;
granting to any corporation, association or individual the right to lay
down railroad tracks, or any special or exclusive privilege, immunity or
franchise whatever; for the punishment of crimes; changing the names
of persons or places; for the assessment or collection of taxes; affecting
estates of deceased persons, minors or others under legal disabilities; ex-
tending 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 corporation therein; exempting property from
taxation; restoring to citizenship persons convicted of infamous crimes;
authorizing the creation, extension or impairing of liens; creating offices,
or prescribing the powers or duties of oflScers 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.
Sec. 45.
Bepeal of November 8, 1966, effective under gov-
This section was repealed by Ch. 273, ernor's proclamation, December 6, 1966.
Laws 1965, adopted at the general election
Sec. 46. The legislative assembly in order to insure continuity of state
and local governmental operations in a period of emergency resulting from
a disaster caused by enemy attack may enact laws :
(1) To provide for prompt and temporary succession to the powers
and duties of elected and appointed public officers who are killed or
incapacitated.
(2) To adopt other measures that may be necessary to insure the
continuity of governmental operations.
Such laws shall be effective only during the emergency that affects a
particular office or governmental operation, and such laws may deviate
Art. VI, § 1 ELECTION LAWS
from other provisions of the Montana constitution, including but not
limited to the following sections :
(1) Section 3, Article X, seat of state government.
(2) Section 2, Article XVI, seat of county governments.
(3) Section 16, Article VII, succession to governor.
(4) Section 4, Article XVI, vacancy on board of county commissioners.
(5) Section 6, Article XVI, other vacancies in county government.
(6) Section 45, Article V, vacancies in legislative assembly.
(7) Section 11, Article VII, special legislative sessions.
(8) Section 5, Article V, length of legislative session.
(9) Section 10, Article V, quorum to do business in each house.
(10) Section 6, Article XIX, location of county offices.
(11) Section 1, Article VII, duties of executive officers of state.
(12) Section 7, Article VII, appointments by governor.
Compiler's Notes the general election of November 8, 1966,
This constitutes the new section added effective under governor's proclamation,
to the constitution by act approved March December 6, 1966.
9, 1965 (Ch. 243, Laws 1965), adopted at
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 congressional
districts accordingly.
Sec. 2. (1) The senate and house of representatives of the legislative
assembly each shall be apportioned on the basis of population.
(2) The legislative assembly following each census made by the
authority of the United States, shall revise and adjust the apportionment
for representatives and senators on the basis of such census.
(3) At such time as the constitution of the United States is amended
or interpreted to permit apportionment of one house of a state legisla-
tive assembly on factors other than population, the senate of the legis-
lative assembly shall be apportioned on the basis of one senator for each
county.
Compiler's Notes effective under governor's proclamation,
This constitutes sec. 2 of article VI as December 6, 1966. The amendment added
amended by act approved March 9, 1965 paragraphs (1) and (3) and eliminated
(Ch. 273, Laws 1965), adopted at the a provision for a state census,
general election of November 8, 1966,
Sec. 3. Senatorial and representative districts may be altered from time
to time as public convenience may require. When a senatorial or repre-
sentative district shall be composed of two or more counties, they shall be
contiguous, and the districts as compact as may be.
CONSTITUTION OF MONTANA
Art. VII, § 3
Compiler's Notes
This constitutes sec. 3 of article VI as
amended by act approved March 9, 1965
(Ch. 273, Laws 1965), adopted at the
general election of November 8, 1966,
effective under governor's proclamation,
Sees. 4 to 6.
Repeal
These sections were repealed by Ch.
273, Laws 1965, adopted at the general
election of November 8, 1966, effective
under governor's proclamation, December
6, 1966.
December 6, 1966. The amendment made
the section applicable to senatorial dis-
tricts and eliminated a provision pro-
hibiting the division of counties in the
formation of representative districts.
Constitutionality
Sections 4 and 5 are void and uncon-
stitutional in that they violate the equal
protection clause of the fourteenth amend-
ment of the constitution of the United
States. Herweg v. Thirty Ninth Legisla-
tive Assembly of State of Montana, 246
F Supp 454.
ARTICLE VII
EXECUTIVE DEPARTMENT
Section 1. The executive department shall consist of a governor, lieu-
tenant-governor, secretary of state, attorney general, state treasurer, state
auditor and superintendent of public instruction, each of whom shall hold
his office for four years, or until his successor is elected and qualified, be-
ginning on the first Monday of January next succeeding his election, except
that the terms of ofifice 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 de-
partment, excepting the lieutenant-governor, shall during their terms of
office reside at the seat of government, where they shall keep the public
records, books and papers. They shall perform such duties as are prescribed
in this constitution and by the laws of the state. The state treasurer shall
not be eligible to his office for the succeeding term.
Crass-References
Section 46, Article V would permit
deviation from this section under emer-
gency conditions.
Section 2. The officers provided for in section 1 of this article, shall be
elected by the qualified electors of the state at the time and place of voting
for members of the legislative assembly, and the persons 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 manner as may be prescribed by law, and all contested elec-
tions of the same, other than provided for in this section, shall be deter-
mined as may be prescribed by law.
Section 3. No person shall be eligible to the office of governor, lieuten-
ant-governor, or superintendent of public instruction, unless he shall have
ABT. VIII, § 6 ELECTION LAWS
attained the age of thirty years at the time of his election, nor to the office
of secretary of state, state auditor, or state treasurer, unless he shall have
attained the age of twenty-five years, nor to the ofiBce of attorney general
unless he shall have attained the age of thirty years, and have been ad-
mitted to practice in the supreme court of the state, or territory of Mon-
tana, and be in good standing at the time of his election. In addition to the
qualifications above prescribed, each of the officers named shall be a citizen
of the United States, and have resided within the state or territory two
years next preceding his election.
ARTICLE VIII
JUDICLAIi DEPAETMENT8
8UPBEME COURT
Section 6. The justices of the supreme court shall be elected by the
electors of the state at large, as hereinafter provided.
Section 7. The term of office of the justices of the supreme court, ex-
cept as in this constitution otherwise provided, shall be six years.
Section 8. There shall be elected at the first general election, provided
for by this constitution, one chief justice and two associate justices of the
supreme court. At said first election the chief justice shall be elected to
hold his office until the general election in the year one thousand eight
hundred ninety-two (1892), and one of the associate justices to hold office
until the general election in the year one thousand eight hundred ninety-
four (1894), and the other associate justice to hold his office until the gen-
eral election in the year one thousand eight hundred ninety -six (1896), and
each shall hold until his successor is elected and qualified. The terms of
office of said justices, and which one shall be chief justice, shall at the first
and all subsequent elections be designated by ballot. After said first elec-
tion one chief justice or one associate justice shall be elected at the general
election every two years, commencing in the year one thousand eight hun-
dred ninety-two (1892), and if the legislative assembly shall increase the
number of justices to five, the first terms of office of such additional justices
shall be fixed by law in such manner that at least one of the five justices
shall be elected every 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 ninety-two (1892), and until his successor is elected and
qualified. He shall be elected by the electors at large of the state, and his
compensation shall be fixed by law, and his duties prescribed by law, and
by the rules of the supreme court.
Section 10. No person shall be eligible to the office of justice of the
supreme court, unless he shall have been admitted to practice law in the
6
CONSTITUTION OF MONTANA ART. VIII, § 19
supreme court of the territory or state of Montana, be at least thirty years
of age, and a citizen of the United States, nor unless he shall have resided
in said territory or state at least two years next preceding his election.
DISTRICT COURTS
Section 12. The state shall be divided into judicial districts, in each of
which there shall be elected by the electors thereof one judge of the district
court, whose term of office shall be four years, except that the district
judges first elected shall hold their offices only until the general election
in the year one thousand eight hundred and ninety-two (1892), and until
their successors are elected and qualified. Any judge of the district court
may hold court for any other district judge, and shall do so when required
by law.
Section 13. Until otherwise provided by law judicial districts of the
state shall be constituted as follows: First district, Lewis and Clark coun-
ty; second district. Silver Bow county; third district. Deer Lodge county;
fourth district, Missoula county; fifth district, Beaverhead, Jefferson and
Madison counties; sixth district, Gallatin, Park and Meagher counties;
seventh district, Yellowstone, Custer and Dawson counties; eighth dis-
trict, Choteau, Cascade and Fergus counties.
Section 16. No person shall be eligible to the office of judge of the
district court unless he be at least twenty-five years of age and a citizen
of the United States, and shall have been admitted to practice law in the
supreme court of the territory or state of Montana, nor unless he shall
have resided in this state or territory at least one year next preceding his
election. He need not be a resident of the district for which he is
elected at the time of his election, but after his election he shall reside in
the district for which he is elected during his term of office.
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 provided by law.
COUNTY ATTORNEYS
Sec. 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 four years, 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.
Art. VIII, § 20 ELECTION LAWS
Compiler's Note This amendment increased the county at-
This constitutes sec. 19 of article VIII torneys' term of office from two to four
as amended by act approved March 6, years and eliminated a provision applica-
1961 (Ch. 164, Laws 1961), adopted at ble only to the first county attorneys
the general election of November, 1962. elected under the constitution,'
JUSTICES OF THE PEACE
Section 20. There shall be elected in each organized township of each
county by the electors of such township at least two justices of the peace,
who shall hold their offices, except as otherwise provided in this constitu-
tion, 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.
I^opoMd B«peal repeal of sections 20 to 24. Approved
Section 5, Ch. 121, Laws 1961, proposed March 2, 1961.
MISCELLANEOUS PROVISIONS
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 suc-
ceeds was elected.
ARTICLE IX
BIGHTS OF SUFFRAGE AND QUALIFICATIONS TO HOLD OFFICE
Section 1. AU 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 States; second, he shall have re-
sided in this state one year immediately preceding the election at which he
offers to vote, and in the town, county or precinct such time as may be
prescribed by law. If the question submitted concerns the creation of any
levy, debt or liability the person, in addition to possessing the qualifications
above mentioned, must also be a taxpayer whose name appears upon the
last preceding completed assessment roll, in order to entitle him to vote
upon such question. Provided, first, that no person convicted of felony
shall have the right to vote unless ho has been pardoned or restored to
8
CONSTITUTION OF MONTANA AET. IX, § 11
citizenship by the governor: provided, second, that nothing herein con-
tained shall be construed to deprive any person of the right to vote who
has such right at the time of the adoption of this constitution; provided,
that after the expiration of five years from the time of the adoption of this
constitution, no person except citizens of the United States shall have the
right to vote. (As amended by Ch. 101, Laws 1931, effective December 9,
1932.)
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 em-
ployed in the service of the state, or of the United States, nor while engaged
in the navigation of the waters of the state, or of the United States, nor
while a student at any institution of learning, nor while kept at any alms-
house or other asylum at the public expense, nor while confined in any
public prison.
Section 4. Electors shall in all cases, except treason, felony or breach
of peace, be privileged from arrest during their attendance at elections
and in going to and returning therefrom.
Section 5. No elector shall be obliged to perform military duty on the
days of election, except in time of war or public danger.
Section 6. No soldier, seaman or marine in the army or navy of the
United States shall be deemed a resident of this state in consequence of
being stationed at any military or naval place within the same.
Section 7. No person shall be elected or appointed to any office in this
state, civil or military, who is not a citizen of the United States, and who
shall not have resided in this state at least one year next before his elec-
tion 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 pre-
scribed by Section 2 of this article as amended and such other qualifi-
cations 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. (As amended by Ch. 97, Laws 1923, effective December 9,
1924.)
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 quali-
fications as may be prescribed by the legislative assembly for city offices
and offices hereafter created.
Art. IX, § 12 election laws
Section 12. Upon all questions submitted to the vote of the taxpayers
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 constitution,
the person or persons who shall receive the highest number of legal votes
shall be declared elected.
ARTICLE X
STATE INSTITUTIONS AND PUBLIC BUILDINGS
Section 2. At the general election in the year one thousand eight hun-
dred and ninety-two, the question of permanent location of the seat of gov-
ernment is hereby provided to be submitted to the qualified electors of the
state, and the majority of all the votes upon said question shall determine
the location thereof. In case there shall be no choice of location at said
election, the question of choice between the two places for which the highest
number of votes shall have been cast shall be, and is hereby, submitted in
like manner to the qualified electors at the next general election thereafter ;
provided, that until the seat of government shall have been permanently
located the temporary seat of government shall be and remain at the city
of Helena.
Section 3. When the seat of government shall have been located as
herein provided the location thereof shall not thereafter be changed, except
by a vote of two-thirds of all the qualified electors of' the state voting on
that question at a general election at which the question of the location of
the seat of government shall have been submitted by the legislative as-
sembly.
Cross-Befereuces
Section 46, Article V would permit
deviation from this section under emer-
gency conditions.
ARTICLE XI
EDUCATION
Section 10. The legislative assembly' shall provide that all elections for
school district oflBcers shall be separate from those elections at which state
or county oflBcers are voted for.
ARTICLE XII
REVENUE AND TAXATION
Section 9. The rate of taxation on real and personal property for state
purposes, except as hereinafter provided, shall never exceed two and one-
lialf mills on each dollar of valuation; and whenever the taxable property of
10
CONSTITUTION OF MONTANA ART. XIII, § 6
the state shall amount to six hundred million dollars ($600,000,000.00) the
rate shall never exceed two (2) mills on each dollar of valuation, unless the
proposition to increase such rate, specifying the rate proposed and the time
during which the rate shall be levied shall have been submitted to the
people at the general election and shall have received a majority of all
votes cast for and against it at such election ; provided, that in addition to
the levy for state purposes above provided for, a special levy in addition
may be made on live stock for the purpose of paying bounties on wild
animals and for stock inspection, protection and indemnity purposes, as
may be prescribed by law, and such special levy shall be made and levied
annually in amount not exceeding four mills on the dollar by the state
board of equalization, as may be provided by law. (As amended by Ch. 4,
Laws 1909, effective December 6, 1910.)
ARTICLE Xin
PUBLIC INDEBTEDNESS
Section 2. The legislative assembly shall not in any manner create
any debt except by law which shall be irrepealable until the indebtedness
therein provided for shall have been fully paid or discharged; such law
shall specify the purpose to which the funds so raised shall be applied and
provide for the levy of a tax sufficient to pay the interest on, and extin-
guish the principal of such debt within the time limited by such law for
the payment thereof; but no debt or liability shall be created which shall
singly, or in the aggregate with any existing debt or liability, exceed the
sum of one hundred thousand dollars ($100,000) except in case of war, to
repel invasion or suppress insurrection, unless the law authorizing the
same shall have been submitted to the people at a general election and shall
have received a majority of the votes cast for and against it at such election.
Section 5. No county shall be allowed to become indebted in any man-
ner, or for any purpose, to an amount, including existing indebtedness, in
the aggregate, exceeding five (5) per centum of the value of the taxable
property therein, to be ascertained by the last assessment for state and
county taxes previous to the incurring of such indebtedness, 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, school district or high school dis-
trict shall be allowed to become indebted in any manner or for any purpose
to an amount, including existing indebtedness, in the aggregate exceeding
five per centum (5%) of the value of the taxable property therein, to be as-
certained 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, township, school
district or high school district shall be void; and each school district and
11
Art. XVI, § 2 election laws
each high school district shall have separate and independent bonding
capacities within the limitation of this section ; provided, however, that the
legislative assembly may extend the limit mentioned in this section, by
authorizing municipal corporations to submit the question to a vote of the
taxpayers affected thereby, when such increase is necessary to construct a
sewerage system or to procure a supply of water for such municipality which
shall own and control said water supply and devote the revenues derived
therefrom to the payment of the debt. (As amended by Ch. 193, Laws 1949,
effective December 6, 1950; Ch. 161, Laws 1957, effective December 8, 1958.)
ARTICLE XVI
COUNTIES— MUNICIPAL CORPORATIONS AND OFFICES
Section 2. The legislative assembly shall have no power to remove the
county seat of any county, but the same shall be provided for by general
law; and no county seat shall be removed unless a majority of the quali-
fied electors of the county, at a general election on a proposition to remove
the county seat, shall vote therefor; but no such proposition shall be sub-
mitted oftener than once in four years.
Cross-References
Section 46, Article V would permit
deviation from, this section under emer-
gency conditions.
Section 4. In each county there shall be elected three county commis-
sioners, whose term of office shall be six years; provided that each county
in the state of Montana shall be divided into three commissioner districts,
to be designated as commissioner districts, numbers one, two and three,
respectively.
The board of county commissioners shall in every county in the state of
Montana, at their regular session, on the first Monday in May, 1929, or as
soon thereafter as convenient or possible, not exceeding sixty days there-
after, meet and by and under the direction of the district court judge or
judges of said county, divide their respective counties into three commis-
sioner districts as compact and equal in population and area as possible,
and number them respectively, one, two and three, and when such division
has been made, there shall be filed in the oflSce of the county clerk and re-
corder 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 commissioner districts as herein provided.
Upon such division, the board of county commissioners shall assign its
members to such districts in the following manner; each member of the
said board then in service shall be assigned to the district in which he is
residing or the nearest thereto; the senior member of the board in service
12
CONSTITUTION OF MONTANA ART. XVI, § 5
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 mem-
ber of the board to be assigned to commissioner district No. 3; provided,
that at the first general election of any newly created and organized coun-
ty, 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 place of the retiring com-
missioner, who shall hold his office for six years.
That the board of county commissioners by and under the direction of
the district court judge or judges of said county, for the purpose of equal-
izing 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 coun-
ty, 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 commissioner 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 pro-
vided, further, that no change in the boundaries of any commissioner dis-
trict shall be made within six months next preceding a general election.
At the general election to be held in 1930, and thereafter at each general
election, the member or members of the board to be elected, shall be selected
from the residents and electors of the district or districts in which the
vacancy occurs, but the election of such member or 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. (As amended by Ch. 72, Laws 1927,
effective December 8, 1928.)
Cross-Beferences
Section 46, Article V would permit
deviation from this section under emer-
gency conditions.
Section 5. There shall be elected in each county the following county
officers who shall possess the qualifications for suffrage prescribed by sec-
tion 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 commission-
ers 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
13
Art. XVI, § 6 ELECTION LAWS
county surveyor; one assessor; one coroner; one public administrator. Per-
sons elected to the different ofiBces 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 offi-
ces', 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 coun-
ty 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
construed as allowing one (1) office incumbent to be entitled to the salaries
and emoluments of two (2) or more offices; provided, further, that in con-
solidating county offices, the board of county commissioners shall, six (6)
months prior to the general election held for the purpose of electing the
aforesaid offices, make and enter an order, combining any two (2) or more
of the within named offices, and shall cause the said order to be published
in a newspaper, published and circulated generally in said county, for a
period of six (6) weeks next following the date of entry of said order. (As
amended by Ch. 93, Laws 1937, effective December 2, 1938.)
Section 6. The legislative assembly may provide for the election or ap-
pointment of such other county, township, precinct and municipal officers
as public convenience may require and their terms of office shall be as pre-
scribed by law, not in any case to exceed two years, except as in this con-
stitution otherwise provided.
Cross-Beferencos
Section 46, Article V would permit
deviation from this section under emer-
gency conditions.
Section 7. The legislative assembly may, by general or special law,
provide any plan, kind, manner or form of municipal government for coun-
ties, or counties and cities and towns, or cities and towns, and whenever
deemed necessary or advisable, may abolish city or town government and
unite, consolidate or merge cities and towns and county under one
municipal government, and any limitations in this constitution not-
withstanding, may designate the name, fix and prescribe the number,
designation, terms, qualifications, method of appointment, election 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 govern-
ment when deemed advisable ; provided, however, that no form of govern-
ment 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. (As enacted by Ch. 113, Laws 1921, effective December 14, 1922.)
Section 8. Any county or counties in existence on the first day of Janu-
ary, 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
14
CONSTITUTION OF MONTANA ART. XIX, § 8
counties except by a majority vo'te of the duly qualified electors in each
county proposed to be abandoned, abolished and/or consolidated with any
other county or counties expressed at a general or special election held
under the laws of said state. (As added by Ch. 102, Laws 1935, effective
December 2, 1936.)
ARTICLE XIX
MISCELLANEOUS SUBJECTS AND FUTURE AMENDMENTS
Section 1. Members of the legislative assembly and all ofiicers, execu-
tive, ministerial or judicial, shall, before they enter upon the duties of
their respective offices, take and subscribe the following oath or aflRrma-
tion, to-wit: "I do solemnly swear (or affirm) that I will support, protect
and defend the constitution of the United States, and the constitution of
the state of Montana, and that I will discharge the duties of my office with
fidelity; and that I have not paid, or contributed, or promised to pay or
contribute, either directly or indirectly, any money or other valuable thing
to procure my nomination or election (or appointment) except for neces-
sary and proper expenses expressly authorized by law; that I have not
knowingly violated any election law of this state, or procured it to be done
by others in my behalf; that I will not knowingly receive, directly, or in-
directly, any money or other valuable thing for the performance or non-
performance of any act or duty pertaining to my office other than the
compensation allowed by law, so help me God." And no other oath, decla-
ration or test shall be required as a qualification for any office or trust.
Section 8. The legislative assembly may at any time, by a vote of two-
thirds of the members elected to each house, submit to the electors of the
state the question whether there shall be a convention to revise, alter, or
amend this constitution; and if a majority of those voting on the question
shall declare in favor of such convention, the legislative assembly shall
at its next session provide for the calling thereof. The number of mem-
bers of the convention shall be the same as that of the house of representa-
tives, 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 tho
pay of its members and officers, and provide for the payment of the same,
together with the necessary expenses of the convention. Before proceed-
ing, the members shall take an oath to support the constitution of the
United States and of the state of Montana, and to faithfully discharge
their duties as members of the convention. The qualifications of members
shall be the same as of the members of the senate, and vacancies occurring
shall be filled in the manner provided for filling vacancies in the legislative
assembly. Said convention shall meet within three months after such
election and prepare such revisions, alterations or amendments to the con-
stitution 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
15
Art. XIX, § 9 ELECTION LAWS
a majority of the electors voting at the election, no such revision, altera-
tion or amendment shall take effect.
Section 9. Amendments to this constitution may be proposed in either
house of the legislative assembly, and if the same shall be voted for by
two-thirds of the members elected to eaah house, such proposed amend-
ments, together with the ayes and nays of each house thereon, shall be
entered in full on their respective journals; and the secretary of state shall
cause the said amendment or amendments to be published in full iu at least
one newspaper in each county (if such there be) for three months previous
to the next general election for members to the legislative assembly; and
at said election the said amendment or amendments shall be submitted to
the qualified electors of the state for their approval or rejection and such
as are approved by a majority of those voting thereon shall become part
of the constitution. Should more amendments than one be submitted at
the same election, they shall be so prepared and distinguished by numbers
or otherwise that each can be voted upon separately; provided, however,
that not more than three amendments to this constitution shall be submitted
at the same election.
Proposed Amendment months previous to the next general elec-
tion for members to the legislative as-
Chapter 315, Laws 1967, proposes to sembly; and at said election the said
amend this section to read as follows: amendment or amendments shall be sub-
"Section 9. Amendments to this con- mitted to the qualified electors of the
stitution may be proposed in either house state for their approval or rejection and
of the legislative assembly, and if the such as are approved by a majority of
same shall be voted for by two-thirds those voting thereon shall become part of
(2/3) of the members elected to each the constitution. Should more amend-
house, such proposed amendments, to- ments than one (1) be submitted at the
gether with the ayes and nays of each same election, they shall be so prepared
house thereon, shall be entered in full on and distinguished by numbers or other-
their respective journals; and the secre- wise that each can be voted upon sepa-
tary of state shall cause the said amend- rately; provided, however, that not more
ment or amendments to be published in than six (6) amendments to this consti-
full in at least one (1) newspaper in each tution shall be submitted at the same
county (if such there be) for three (3) election."
TITLE 1
AERONAUTICS
CHAPTER 8
ESTABLISHMENT OP AIRPORTS BY COUNTIES AND CITIES-
MUNICIPAL AIRPORTS ACT
Section 1-804. Tax levy for establishment and operation of airports.
1-804, (5668.38) Tax levy for establishment and operation of airports.
For the purpose of establishing, constructing, equipping, maintaining and
operating airports and landing fields under the provisions of this act the
county commissioners of the city or town council may each year assess and
levy in addition to the annual levy for general administrative purposes, a
tax of not to exceed two (2) mills on the dollar of taxable value of the
16
ALCOHOLIC BEVERAGES 4-142
property of said county, city or town. In the event of a jointly established
airport or landing field, the county commissioners and the council or coun-
cils 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 commissioners and coun-
cils acting are hereby authorized and empowered to contract an indebted-
ness 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.
History: En. Sec. 4, Ch. 108, L. 1&29;
amd. Sec. 4, Cli. 64, L. 1941; amd. Sec. 1,
Cli. 54, L. 1946.
TITLE 4
ALCOHOLIC BEVERAGES
CHAPTER 1
STATE LIQUOR CONTROL ACT OF MONTANA— LICENSING— SALE
OF ALCOHOLIC BEVERAGES BY STATE LIQUOR STORES
Section 4-142. Local option law — petition — ^time for election.
4-143. Notice of election.
4-144. Ballots, what to contain.
4-145. Election, how held.
4-146. Dealing in intoxicating liquors prohibited if majority of vote against
sale.
4-147. No election more than once in two years.
4-148. Sale of liquors prohibited.
4-149. Election, how contested.
4-142. (2815.96) Local option lavr — petition — time for election. Elec-
tion to be ordered upon application of one-third of the voters of any county.
Upon application by petition, signed by one-third of the voters who are
qualified to vote for members of the legislative assembly in any county in
the state, the board of county commissioners must order an election to be
held at the places of holding elections for county officers, to take place
within forty days after the reception of such petition, to determine whether
or not any spirituous or malt liquors, wine, or cider, or any intoxicating
liquors or drinks may be sold within the limits of the county. No election,
under this section must take place in any month in which general elections
are held. The board of county commissioners must determine on the suf-
ficiency of the petition presented from the roll of registered electors of the
territory affected.
History: En, Sec. 37, Ch. 1Q5, L. 1933.
17
4-143 ELECTION LAWS
4-143. (2815.97) Notice of election. The notice of election must be
published 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.
History: En. Sec. 38, Ch. 105, L. 1933.
4-144. (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 in-
toxicating liquors, yes" ; "Sale of intoxicating liquors, no" ; and the elector
in order to vote must mark an X opposite one of the answers.
History: En, Sec. 39,' C?h. 105, L. 1933.
4-145. (2815.99) Election, how held. The polling places must be estab-
lished, the judges and other officers to conduct the election must be desig-
nated, and the election must be held, canvassed and returned in all respects
in conformity to the laws of the state.
History: En. Sec. 40, Ch. 105, L. 1933.
4-146. (2815.100) Dealing in intoxicating lienors prohibited if majority
of vote against sale. If a majority of the votes cast are "Sale of intoxi-
cating 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 expira-
tion of the time of the publication of the notice, and thereupon all existing
licenses shall be cancelled.
History: En. Sec. 41, Oh. 105, L. 1933.
4-147. (2815.101) No election more than onoe in two years. No election
must be held in the same county oftener than once in two years thereafter.
History: En. Sec. 42, Ch. 105, L. 1933.
4-148. (2815.102) Sale of liquors prohibited. If a majority of the votes
at the election are, "Sale of intoxicating liquors, no," it shall not be lawful
for any person within the county in which the vote was taken, to sell, either
directly or indirectly, or give away, to induce trade at any place of business,
or furnished to any person, any alcoholic, spirituous, malt, or intoxicating
liquors.
History: En. Sec. 43, Oh. 105, L. 1933.
4-149. (2815.103) Election, how contested. Any election held under
the provisions of this act may be contested in the same manner as provided
by the general laws.
History: En. Sec. 44, Oh. 106, L. 1933.
CHAPTER 3
MONTANA BEER ACT— LICENSING SALE OF BEER UNDER SUPERVISION
OF STATE LIQUOR CONTROL BOARD
Section 4-303. Closing hours for licensed retail beer establishments.
4-350. Election to determine whether or not beer should be sold in county to
be ordered upon application of one-third of the voters.
18
ALCOHOLIC BEVERAGES 4-352
4-351. Notice of election.
4-352. Ballots — what to contain.
4-353. Election — how held.
4-354. Effect when vote is against sale of beer.
4-355. No election more than once in two years.
4-356. Election — how contested.
4-303. Closing hours for licensed retail beer establishments. Hereafter
all licensed establishments wherein beer as defined by subsection (b) of
section 4-302, is sold, offered for sale or given away at retail shall be closed
during the following hours :
(a) Sunday from two A. M. to one P. M. ;
(b) On any other day between two A. M. and eight A. M. ;
(c) On any day of a biennial general or primary election at which state
and national officers are elected, during the hours when the polls are open,
but not upon the day of any other election ; provided, however, that when
any municipal incorporation has by ordinance further restricted the hours
of sale of beer, then the sale of beer is prohibited within the limits of any
such city or town during the times such sale is prohibited by this act and
in addition thereto during the hours that it is prohibited by such ordinance.
History: En. Sec. 1, Ch. 161, L. 1943;
amd. Sec. 1, Ch. 162, L. 1959.
4-350. (2815.53) Election to determine whether or not beer should be
sold in county to be ordered upon application of one-third of the voters.
Upon application by petition, signed by one-third (1/3) of the voters who
are qualified to vote for members of the legislative assembly in any county
in the state, the board of county commissioners must order an election to be
held at the places of holding elections for county ofiicers, 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 qualified electors
within the county.
History: En. Sec. 60, Ch. 106, L. 1933.
4-351. (2815.54) Notice of election. The notice of election must be
published once a week for four (4) weeks in such newspapers of the county
where the election is to be held as the board of county commissioners may
think proper.
History: En. Sec. 61, Oh. 106, L. 1933.
4-362. (2815.55) Ballots — what to contain. The county clerk must fur-
nish the ballots to be used at such election, as provided in the general elec-
tion 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.
History: En. Sec. 62, Ch. 106, L. 1933.
19
4-353 ELECTION LAWS
4-353. (2815.56) Election — ^how held. The polling places must be estab-
lished, the judges and other officers to conduct the election must be desig-
nated, and the election must be held, canvassed and returned in all respects
in conformity to the general election laws of the state of Montana.
History: En. Sec. 53, Oh. 106, L. 1933.
4-354. (2815.57) Effect when vote is against sale of beer. If a majority
of the votes cast are against the sale of beer the board of county commis-
sioners must publish the result once a week for four (4) weeks in the
newspapers in which the notices of election were published, and from the
date of the election no further licenses to vend beer in the county shall be
issued by the board of equalization, and after the publication of notice
proclaiming the 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.
History: En. Sec. 54, Oh. 106, L. 1933.
4-355. (2815.58) No election more than once in two years. No election
shall be held in the same county oftener than once in any two (2) years.
History: En. Sec. 55, Oh. 106, L. 1933.
4-356. (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.
History: En. Sec. 56> Oh. 106, li. 1933.
CHAPTER 4
MONTANA EETAIL LIQUOB LICENSE ACT— SALES BY LICENSEES OF BOARD
Section 4-414. Hours for sale of liquor.
4-431. Act when effective — protests — elections.
4-432. Publication notice of election.
4-433. Form of ballots.
4-434. Polling places — conduct of elections.
4-435. Effect of election — penalty — liquor store sales not affected.
4-436. Contest of election.
4-437. Restriction on holding second election.
4-414, Hours for sale of liquor. No liquor shall be sold, offered for
sale or given away upon any premises licensed to sell liquor at retail during
the following hours :
(a) Sunday, from two A. M. to one P. M. ;
(b) On any other day between two A. M. and eight A. M. ;
(c) On any day of a biennial general or primary election at which state
and national officers are elected, during the hours when the polls are open,
but not upon the day of any other election ; provided, however, when any
city, or incorporated or unincorporated town has any ordinance further
restricting the hours of sale of liquor, such restricted hours shall be the
hours during which the sale of liquor at retail shall not be permitted within
the jurisdiction of any such city or town.
History: En. Sec. 12, Oh. 84, L. 1937;
amd. Sec. 2, Ch. 162, L. 1959.
20
ALCOHOLIC BEVERAGES 4-435
4-431. Act when effective — protests — elections. The provisions of this
act as to the issuance of licenses as herein provided shall be effective 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 verified 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 commissioners 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
for the sale of spirituous liquors may be sold within the limits of the county
as provided by the provisions of this act.
History: En. Sec. SO, Oh. 84, L. 1937.
4-432. Publication notice of election. 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.
History: En. See. SI, Oh. 84, L. 1937.
4-433. Form of 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.
History: En. Sec. 32, Oh. 84, L. 1937.
4-434. Polling places — conduct of elections. 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.
History: En. Sec. S3, Ch. 84, L. 1937.
4-435. Effect of election — penalty — ^liquor store sales not affected. 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 com-
missioners 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
21
4-436 ELECTION LAWS
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 in-
directly, 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 imprison-
ment ; provided, however, that nothing herein contained shall be construed
to prevent or prohibit the sale of liquor at or by a state liquor store under
the liquor control act.
History: En. Sec. 34, Cb. 84, L. 1937.
4-436. Contest of election. Any election held under the provisions of
the act may be contested in the same manner as provided by the general
election laws.
History: En. Sec. 35, Cb. 84, L. 1937.
4-437. Restriction on holding 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 pur-
suance 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.
History: En. Sec. 36, Ch. 84, L. 1937.
TITLE 9
CEMETERIES
CHAPTER 2
PUBLIC CEMETERY DISTRICT ACT
Section 9-201. Public cemetery district act.
9-202. Petition to board of county commissioners.
9-203. Hearing.
9-204. Final hearing.
9-205. Order of board as respects election.
9-206. Favorable vote — commissioners to organize district.
9-207. Government of district — appointment and terms of trustees.
9-208. Powers of district.
9-209. Budget and tax levy.
9-209.1. Disbursement of tax proceeds.
9-209.2. Validating act.
9-209.3. Payment of validated warrants.
9-210. Regulations.
9-211. Withdrawal of portion of district, petition for.
9-212. Hearing.
9-213. Alteration of boundaries.
9-214. Notice, publication of,
9-215. Power of county commissioners.
22
CEMETERIES 9-205
9-201. Public cemetery district act. There is hereby deemed and de-
clared a public cemetery 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.
History: En. Sec. 1, Ch. 221, L. 1943;
amd. S«c. 1, Ch. 16, L. 1945.
9-202. Petition to board of county commissioners. Whenever a peti-
tion, 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 as such owners of land upon the last completed assessment roll of
the county in which said proposed district is situated, which petition shall
definitely 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 the time of presentation thereof,
and shall cause notice to be given of the time and place of said hearing by
publication as prescribed by law, for not less than two (2) weeks prior to
the time of said hearing. Said notice shall state that any person residing in
or owning property within said proposed district or within any existing
cemetery district, any part of the territory of which is described in said
petition, may appear before said board at the hearing and show cause why
the said district should not be created or the proposed boundaries changed.
History: En. Sec. 2, Ch. 221, L. 1943;
amd. Sec. 2, Ch. 16, L. 1946.
9-203. Hearing. At the time fixed for said hearing, the board shall de-
termine whether or not it complies with the requirements hereinbefore set
forth and whether or not the notice required herein has been published as
required, and must hear all competent and relevant testimony offered in
support of or in opposition thereto. Said hearing may be adjourned from
time to time for the determination of said facts, not to exceed two (2)
weeks in all.
History: En. Sec. 3, Ch. 221, L. 1943;
amd. Sec 3, Ch. 16, L. 1945.
9-204. Final hearing. If the board of county commissioners shall de-
termine that the petitioners have complied with the requirements herein set
forth and that the notice required has been published, it shall thereupon pro-
ceed to a final hearing of the matter. Said board shall make such changes
in the boundaries of the proposed district as it may deem advisable and
shall define and establish such boundaries, as described in the petition and
shall call an election.
History: En. Sec. 4, Oh. 221, L. 1943;
amd. Sec. 4, Oh. 16, L. 1945.
9-205. Order of board as respects election. The board, must in its
order, designate whether or not a special election shall be held, or whether
23
9-206 ELECTION LAWS
the matter shall be determined 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 desig-
nate judges and clerks therefor. The election shall be held in all respects as
nearly as practicable in conformity with the general election laws : and
provided, further, that the polls shall be open from eight (8) o'clock A. M.
to six (6) 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.
History: En. Sec. 5, Ch. 221, L. 1943;
amd. Sec. 5, Ch. 16, L. 1945.
9-206. Favorable vote — commissioners to orgunize district. In the event
that a majority of the votes cast are in favor of the formation of said ceme-
tery district, the board of county commissioners shall proceed with the
organization thereof as herein specified.
History: En. Sec. 6, C7h. 221, It. 1943;
amd. Sec. 6, Ch. 16, L. 1946.
9-207. (Government of district — appointment and terms of trustees.
Said cemetery district shall be governed and managed by three (3) trustees,
appointed by the board of county commissioners. The trustees shall be ap-
pointed from the freeholders residing 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.
History: En. Sec. 7, Ch. 221, L. 1943;
amd. Sec. 7, Oh. 16, L. 1945.
9-208. Powers of district. 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.
History: En. Sec. 8, Ch. 221, I*. 1943;
amd. Sec. 8, Ch. 16, L. 1945.
9-209. Budget and tax levy. The board of cemetery trustees shall an-
nually present 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 two
(2) mills on each dollar of taxable valuation on the property of said district.
Expenditures made, liabilities incurred, or warrants issued by or in behalf
of any cemetery district in excess of the annual budget presented to the
24
CEMETERIES 9-209.3
board of county commissioners as provided herein and the amount appro-
priated for and authorized to be expended for each item in the budget shall
not be a liability of the cemetery district. Insofar as the same can be made
applicable, the county budget system, sections 16-1901 to 16-1911, shall
govern the operation of cemetery districts created under this act.
History: En. S«c. 9, Cli. 221, L. 1943;
amd. Sec. 9, Ch. 16, L. 1945; amd. Sec. 1,
Oh. 93, L. 1951 ; amd. Sec. 1, Ch. 4, L. 1955.
9-209.1. Disbursement of tax proceeds. The proceeds of taxes collected
by the county treasurer for the public cemetery fund shall be disbursed to
the various cemetery districts upon the submission of a claim by said
cemetery districts to the board of county commissioners for their pro rata
share of the proceeds of the taxes collected. Upon approval of said claim
by the board of county commissioners the county clerk shall issue a trust
fund warrant drawn upon the public cemetery fund and payable to each
claimant.
History: En, Sec. 1, Ch. 94, L. 1951.
9-209.2. Validating act. All warrants heretofore issued by any ceme-
tery district for services actually rendered or goods, wares, merchandise or
material actually furnished to said cemetery district are hereby validated,
ratified, approved and confirmed, notwithstanding any lack of power of
such cemetery district to authorize or issue such warrants by reason of non-
compliance with any budget act or their being in excess of any cemetery
district budget or because of failure to include provision for the same in
any cemetery district budget or otherwise and said warrants so issued for
value received by said cemetery district shall be binding, legal, valid and
enforceable obligations of such cemetery district.
History: En. Sec. 2, Oh. 4, L. 1955.
9-209.3. Payment of validated warrants. AH cemetery district war-
rants validated, ratified, approved and confirmed by the provisions of this
act shall be paid by the cemetery district which issued the same from any
funds which the cemetery district may have on hand which are not appro-
priated for other purposes. Any such cemetery district is also authorized
and directed to make provision for the payment of said warrants by in-
cluding in its budget each year in which such warrants remain outstanding
an item providing for the payment of such warrants as can be paid within
the proceeds of the two (2) mill maximum levy on each dollar of taxable
valuation of the property of said district specified in section 9-209, taking
into consideration other income of the cemetery district and after having
provided for the other budget requirements submitted by the board of
cemetery trustees to the board of county commissioners and such maximum
two (2) mill levy shall be made annually until said warrants are paid,
provided, that no interest or other charges for the use of the money repre-
sented by said warrants shall be paid by the cemetery district. All cemetery
district warrants validated, ratified, approved and confirmed by the pro-
visions of this act shall be listed by the cemetery district having issued
the same in the order in which they were issued by said cemetery district
25
9-210 ELECTION LAWS
and the warrants shall be paid in the order in which they were issued as
funds become available for the payment thereof under the provisions of
this act.
History: En. Sec. 3, Ch. 4, L. 1956.
9-210. Regulations. The trustees shall make proper rules and regula-
tions 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.
History: En. Sec. 10, Oh. 221, L. 1943;
amd. Sec. 10, Ch. 16, L. 1946.
9-211. Withdrawal of portion of district, petition for. Any portion of
a public cemetery district may be withdrawn therefrom as in this section
provided, upon receipt of a petition signed by fifty (50) or more freeholders
residing in, or owning property within the portion desired to be withdrawn
by any public cemetery district or by a majority of such freeholders, if
there are less than one hundred (100) residing within the portion sought
to be withdrawn, on the grounds that such portion will not be benefited by
remaining in said district. The board of county commissioners shall fix a
time for the hearing of such withdrawal petition which shall not be more
than sixty (60) days after the receipt thereof. The said board shall, at least
thirty (30) days prior to the time so fixed, publish a notice of such hearing
for two (2) issues as provided by law.
History: En. Sec. 11, Cli. 221, L. 1943;
amd. Sec. 11, Ch. 16, L. 1946.
9-212. Hearing. 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.
History: En. Sec. 12, Ch. 221, L. 1943;
amd. Sec. 12, Ch. 16, L. 1946.
9-213. Alteration of boundaries. The boundaries of any such public
cemetery district may be altered and outlying districts be annexed thereto
in the following manner: A petition signed by fifty (50) or more freeholders
within the territory proposed to be annexed, or by a majority of such free-
holders 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 commis-
sioners of the county in which said public cemetery district is situated.
History: En. Sec 13, Oh. 221, L. 1943;
amd. Sec. 13. Oh. 16, L. 1946.
9-214. Notice, publication of. 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
26
CITIES AND TOWNS 11-203
take up and consider said petition and any objections which may be filed to
the inclusion of any property in said district.
History: En. Bee. 14, Oh. 221, L. 1943;
amd. Sec. 14, Oil. 16, L. 1945.
9-216. Power of county commissioners. Said board of county commis-
sioners shall have the power by order entered on its minutes to ^ant said
petition either in whole or in part, and by order entered on its minutes to
alter the boundaries of said public cemetery district and to annex thereto,
all, or such portion of said territory described in said petition as will be
benefited thereby. This territory shall become and be a part of such public
cemetery district and shall be taxed, together with the remainder of said
district, for all taxes to be thereafter levied by said board of county com-
missioners for the operation and maintenance of said public cemetery
district.
History: En. Sec. 16, Oh. 221, L. 1943;
amd. Sec 16, Ob. 16, L. 1946.
TITLE 11
CITIES AND TOWNS
CHAPTER 2
CLASSIFICATION AND OBGANIZATION OF CITIES AND TOWNS
Section 11-203. Organization of cities and tovras — petition and census.
11-204. Election — how condncted.
11-205. First election for officers.
11-206. Officers elected and conduct of election.
11-209. Old officers continue in office — election.
11-203. (4961) Organization of cities and towns — petition and census.
"Whenever the inhabitants of any part of a county desire to be organized into
a city or town, they may apply by petition in writing, signed by not less
than fifty qualified electors, residents of the state, and residing within
the limits of the proposed incorporation, to the board of county commis-
sioners of the county in which the territory is situated, which petition
must describe the limits of the proposed city or town, and of the several
wards thereof, which must not exceed one square mile for each five hundred
inhabitants resident therein. The petitioners must annex to the petition a
map of the proposed territory to be incorporated, and state the name of
the city or town. The petition and map must be filed in the oflBce 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.
27
11-204 ELECTION LAWS
History: First general municipal in- torical comparisons of the several sections
corporation act was that of Feb. 17, 1881 cannot be made. This section en. Sec. 315,
(L. 1881, pp. 13-38); superseded by Sees. 5th Div. CJomp. Stat. 1887; re-en. Sec. 4720,
315-440, 6th Div. Comp. Stat. 1887. Many Pol. 0. 1895; re-en. Sec. 3208, Rev. C. 1907;
of the provisions of this act are so differ- amd. Sec. 1, Ch. 56, L. 1909; re-en. Sec.
ent from the present law that exact his- 4961, B. 0. M. 1921.
11-204. (4962) Election — how conducted. After filing the petition and
census, if there be the requisite number of inhabitants for the formation of a
municipal corporation, as required in the preceding section, the county
commissioners must call an election of all the qualified electors residing
in the territory, described in the petition. Said election must be held at
a convenient place within the territory described in the petition, to be
designated by the board, notice of which election must be given by publica-
tion 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 bal-
lots used at the election must be "For incorporation" or "Against incorpo-
ration," and all elections must be conducted as provided in Title 23 of
this code.
History: En. Sec. 316, 5th Div. Comp. 3209, Eev. C. 1907; re-en. Sec. 4962, R.
Stat. 1887; amd. Sec. 2, p. 178, L. 1889; C. M. 1921.
re-en. Sec. 4721, Pol. C. 1895; re-en. Sec.
11-205. (4963) First election for oflBcers. When the incorporation of a
city or town is completed, the board of county commissioners must give
notice for thirty days in a newspaper published within the limits of the city
or town, or, if none be published therein, by posting notices in six public
places within the limits of the corporation, of the time and place or places
of holding the first election for offices of the corporation. At such election
all the electors qualified by the general election laws of the state, and who
have resided within the limits of the city or town for six months, and within
the limits of the ward for thirty days preceding the election, are qualified
electors and may choose officers for the city or town, to hold office as pre-
scribed in the next succeeding section.
History: Ap. p. Sec. 318, 5th Div. Oomp. 3210, Bev. 0. 1907; re-en. Sec. 4963, B. C.
Stat. 1887; amd. Sec. 2, p. 178, L. 1889; re- M. 1921.
en. Sec. 4722, PoL 0. 1895; re-en. Sec.
11-206. (4964) Officers elected and conduct of election. At such elec-
tion there must be elected, in a city of the first class, a mayor, a police judge,
a city attorney, a city treasurer, a city marshal, and two nldcrmen 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 elec-
28
CITIES AND TOWNS 11-405
tion, 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 tiie manner required by law for the election of county officers.
History: En, Sec. 318, Bth Dlv. Comp. 3211, Rev. C. 1907; re-en. Sec. 4964, R.
Stat. 1887; amd. Sec. 2, p. 178, L. 1889; C. M. 1921.
re-en. Sec. 4723, PoL C. 1896; re-en. Sec.
11-209. (4967) Old officers continue in office — election. All officers of
such city or town holding office at the time of the adoption of this code
remain in office until the next annual election and the first Monday of May
next ensuing thereafter, and until their successors are elected and qualified.
The duties and compensation of such officers and the liabilities of sureties
on official bonds remain the same. All elections must be held under the pro-
visions of this code relative to the government of cities and towns.
History: En, Sec. 5034, PoL 0. 1895;
re-en. Sec. 3483, Rev. 0. 1907; re-eii. Sec.
4967, R. 0. M. 1921.
CHAPTER 3
CHANGES IN CLASSIFICATION OF CITIES AND TOWNS
Section 11-303. New officers — election.
11-303. (4971) New officers — election. The first election of officers of
the new municipal corporation organized under the provisions of this chap-
ter must be at the first annual municipal election after such proceedings,
and the old officers remain in office until the new officers are elected and
qualified.
History: En. Sec. 4952, Pol. 0. 1895;
re-en. Sec. 3449, Rev. O. 1907; re-en. Sec.
4971, R. C. M. 1921.
CHAPTER 4
ADDITIONS OF PLATTED TRACTS TO CITIES AND TOWNS
Section 11-405. Election on the question of annexation.
11-406. (4979) Election on the question of annexation. When a city or
town desires to be annexed to another and contiguous city or town, the
council of each thereof must appoint three commissioners to arrange and
report to the municipal authorities respectively, the terms and conditions on
which the annexation can be made, and if the city or town council of
the municipal corporation to be annexed approves of the terms thereof, it
must by ordinance so declare, and thereupon submit the question of an-
nexation to the electors of the respective cities or towns. If a majority of
the electors vote in favor of annexation, the council must so declare, and a
certified copy of the proceedings for annexation and of the ordinances must
be filed with the clerk of the county in which the cities or towns so annexed
are situated, and when so filed the annexation is complete, and the city or
town to which the annexation is made has power, in addition to other powers
29
11-506 ELECTION LAWS
conferred by this title, to pass all necessary ordinances to carry into effect
the terms of the annexation. Such annexations do not affect or impair any
rights, obligations, or liabilities then existing, for or against either of such
cities or towns.
History: En. Sec, 322, 5th Div. Oomp. re-en. Sec. 3215, Kev, C. 1907; re-en. Sec.
Stat. 1887; re-en. Sec. 4727, Pol. C. 1895; 4979, R. C. M. 1921.
CHAPTER 5
ALTERATION OF BOUNDARIES, EXCLUSION AND INCLUSION OF TERRITORY
Section 11-506. Alteration of boundaries of cities and towns — inclusion of territory —
petition and election.
11-507. Submission of question of annexation — election, how conducted and
returned — annexation when complete.
11-508. Territory which may not be annexed.
11-509. Lands used for certain purposes may not be annexed.
11-510. Act applicable to cities of what population.
11-506. Alteration of boundaries of cities and towns — inclusion of terri-
tory— petition and election. (1) The boundaries of any incorporated town
or city, whether heretofore or hereafter formed, may be altered and new
territory 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 containing a descrip-
tion of the new territory or territories asked to be annexed to such corpo-
ration, and signed by not less than thirty-three and one-third per cent
(333^%) 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 pro-
posed 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 municipal corporation.
(2) Such question may be so submitted at the next general municipal
election to be held in such municipal corporation, or it may be so submitted
prior to such general election, either at a special election 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 empowered to and it shall be its duty to
cause notice to be given of such 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 preced-
ing the date of such election, or if there is no newspaper printed in such
municipal corporation, 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 submitted, i. e., that
it is proposed to annex to, incorporate in, and make a part of such municipal
corporation the territory or territories sought to be annexed, specifically
describing the boundaries thereof ; and in said notice the qualified electors
of said municipal corporation, and the qualified electors residing in said
30
CITIES AND TOWNS 11-507
territory or territories so proposed to be annexed, shall be invited to vote
upon such proposition by placing upon their ballots the words "for annexa-
tion" or "against annexation," or words equivalent thereto.
(3) Such council or legislative body is hereby empowered, and it shall
be its duty, to establish, and in such notice of election 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 legisla-
tive 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.
History: En. Sec. 1, Oh. 168, L. 1945.
11-507. Submission of question of annexation — election, how conducted
and returned — annexation when complete. (1) If the question of annexa-
tion is submitted at a special election called for such purpose, the city or
town council, or other legislative 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 sub-
mitted 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.
(2) Whenever the question of annexation under this title is submitted
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.
(3) 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 or other
legislative body with a sufficient number of signatures of thirty-three and
one-third per cent (33>S%) of the resident free holder electors of the
territory proposed to be annexed ; a description of the boundaries of the
31
11-508 ELECTION LAWS
territory or territories to be annexed ; a copy of the resolution ordering a
general or special election thereof, as the case may be ; a copy 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 city or town, by such resolution, shall be ex-
tended 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 council or legislative body.
(4) The clerk or other officer performing the duties of clerk of such
council or legislative body, shall promptly make and certify under the seal
of said municipal corporation, a copy of said record 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 which the annexation is made, has the power to pass all necessary
ordinances pertaining thereto.
History: En. Sec 2, Ch. 168, L. 1945.
11-508. Territory which may not be annexed. No territory which, at
the time such petition for such proposed annexation is presented to such
council or legislative body, forms any part of any incorporated town or
city, shall be annexed under the provisions of this act.
History: En. Sec. 3, Ch. 168, L. 1945.
11-509. Lands used for certain purposes may not be annexed. 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, refining, transportation, or any industrial
or manufacturing purpose or any purpose incident thereto, shall be annexed
under the provisions of this act.
History: En. Sec. 4, Cb. 168, L. 1945.
11-510. Act applicable to cities of what population. This act shall not
be applicable to cities having a population, 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 11-403 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 territory or territories
to municipal corporations. When any proceedings for annexation of terri-
tory or territories to any municipal corporation are commenced under this
act the provisions of this act and of such amendments thereto as may
thereafter be adopted, and no other, shall apply to such proceedings.
History: En. Sec. 5, Oh. 168, L. 1945.
32
CITIES AND TOWNS 11-703
CHAPTER 7
OFFICERS AND ELECTIONS
Section 11-701. Officers of city of the first class.
11-702. Officers of city of second and third classes.
11-703. Officers of towns.
11-707. City or town to be divided into wards.
11-708. Division of cities and towns into wards.
11-709. Annual elections in cities and towns — terms of of&ce.
11-710. Qualification of mayor.
11-711. Terms of aldermen — how decided.
11-712. Terms of office — when to begin.
11-713. Who eligible.
11-714. Qualification of aldermen.
11-715. Registration of electors.
11-716. Qualifications of electors.
11-717. Election judges and clerks — voting places.
11-718. Canvass — when and how made.
11-719. Oath and bonds — vacancy.
11-720. When duties of office begin.
11-721. Vacancies — how filled — removal of officer.
11-701. (4995) Officers of city of the first class. The officers of a city
of the first class consist of one mayor, two aldermen from each ward, one
police judge, one city treasurer, who may be ex-officio tax collector, who
must be elected by the qualified electors of the city as hereinafter provided.
There may also be appointed by the mayor, with the advice and consent of
the council, one city attorney, one city clerk, one chief of police, one asses-
sor, one street commissioner, one city jailer, one city surveyor, and when-
ever a paid fire department is established in such city, a chief engineer and
one or more assistant engineers, and any other officers necessary to carry
out the provisions of this title. The city council may, by ordinance, pre-
scribe the duties of all city officers and fix their compensation, subject to
the limitations contained in this title.
History: En. Sec. 4740, Pol. C. 1895;
re-«n. Sec. 3216, Bev. C. 1907; re-en. Sec.
4995, B. C. M. 1921.
11-702. (4996) Officers of city of second and third classes. The officers
of a city of the second and third classes consist of one mayor, two aldermen
from each ward, one police judge, one city treasurer, who may be ex-officio
tax collector, who must be elected by the qualified electors of the city as
hereinafter provided. There may also be appointed 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 neces-
sary 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.
History: En. Sec. 4741, PoL 0. 1895;
re-en. Sec. 3217, Bey. 0. 1907; re-«n. Sec.
4996, B. 0. M. 1921.
11-703. (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 ap-
33
11-707 ELECTION LAWS
pointed by the mayor, with the advice and consent of the council, one
clerk, who may be ex-oflficio assessor and a member of the council, and one
treasurer, who may be ex-officio tax collector, and one marshal, who may
be ex-officio street commissioner, and any other officers necessary to carry
out the provisions of this title. The town council may prescribe the duties
of all town officers, and fix their compensation, subject to the limitations
contained in this title.
History: En. Sec. 4742, Pol. C. 1895;
re-en. Sec. 3218, Bev. C. 1907; re-en. Sec.
4997, B. C. M. 1921.
11-707. (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 popula-
tion so as to make them as nearly equal as possible.
History: En. Sec. 4746, Pol. O. 1896;
re-en. Sec. 3222, Bev. 0. 1907; re-en. Sec.
5001. B. 0. M. 1921.
11-708. (5002) Division of cities and towns into wards. Cities of the
first class must be divided into not less than four nor more than ten wards ;
cities of the second class into not less than three nor more than six wards ;
and cities of the third class into not less than two nor more than four
wards; and towns into not less than two nor more than three wards. Pro-
vided, however, that the town council may by ordinance reduce 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 ordinance, and no new ward
must be created unless there shall be within its boundaries one hundred and
fifty electors, or more.
History: En. Sec. 4747, PoL 0. 1895; Oh. 74, L. 1909; re-en. Sec. 5002, B. C. M.
re-en. Sec. 3223, Bev. 0. 1907; amd. Sec. i, 1921; amd. Sec. 1, Ch. 39, L. 1943.
11-709. (5003) Annual elections in cities and towns — ^terms of office.
On the first Monday of April of every second year a municipal election must
be held, at which the qualified electors of each town or city must elect a
mayor and two aldermen from each ward, to be voted for by the wards
they respectively represent; the mayor to hold office for a term of two (2)
years, and until the qualification of his successor; and each alderman so
elected to hold office for a term of two (2) years, and until the qualifi-
cation 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 incum-
bent mayor, alderman, 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, alder-
man, police judge or city treasurer shall be elected for a term of one (1)
year, and thereafter no election shall be held for the election of city officers,
except every second year.
History: Ap. p. Sec. 4, p. 122, L. 1893; 3224. Bev. 0. 1907; re-en. Sec. 5003, B.
amd. Sec. 4748, PoL 0. 1895; re-en. Sec. 0. M. 1921; ankl. Sec. 1. Oh. 60. L. 1935.
34
CITIES AND TOWNS 11-715
11-710. (5004) Qualification of mayor. No person shall be eligible
to the office of mayor unless he shall be at least twenty-five (25) years
old and a taxpaying freeholder within the limits of the city or town, and
a resident of the state for at least three years, and a resident of the city
or town or an area which has been annexed by the city or town 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.
History: En. S«c. 8, p. 65, Ex. L. 1887; 3226, B«v. O. 1907; re-en. Sec. 6004, B. 0.
amd. Sec. 4749, Pol. C. 1895; re-en. Sec. M. 1921; amd. Sec. 1, Cii. 76, L. 1961.
11-711. (5005) Terms of aldermen — ^how decided. At the first annual
election 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 successors.
History: En. Sec. 4760, Pol. C. 1896;
re-en. Sec. 3226, Bev. C. 1907; re-en. Sec.
6006, B. C. M. 1921.
11-712. (5006) Terms of oflSce — when to hegiit. The terms of all
officers elected at a municipal election are to commence on the first Monday
in May after such election.
History: En. Sec. 4761, Pol. C. 1895;
re-en. Sec. 3227, Bev. 0. 1907; re-en. Sec.
6006, B. C. M. 1921.
11-713. (5007) Who eligible. No person is eligible to any municipal
office, elective or appointive, who is not a citizen of the United States, and
who has not resided in the town or city or an area which has been annexed
by such town or city for at least two years immediately preceding his
election or appointment, and is not a qualified elector thereof.
History: En. Sec. 366, 6tli Div. Oomp. 6007, B. 0. M. 1921; amd. Sec. 2, Oh. 76,
Stat. 1887; amd. Sec. 4752, Pol. 0. 1896; j^ 1961.
re-en. Sec. 3228, Bev. C. 1907; re-en. Sec.
11-714. (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, or a resi-
dent of an area which has been annexed by the city or town and placed
in a ward, for at least sixty (60) days preceding such election.
History: En. Sec. 366, 5th Div. Comp. 50O8, B. C. M. 1921; amd. Sec. 3, Ch. 76,
Stat. 1887; amd. Sec. 4763, Pol. 0. 1896; L. 1961; amd. Sec. 1, Ch. 144, L, 1967.
re-en. Sec. 3229, Bev. C. 1907; re-en. Sec.
11-715. (5009) Registration of electors. The council must provide by
ordinance for the registration of electors in any city or town, and may pro-
hibit any person from voting at any election unless he has been registered :
but such ordinance must not be in conflict with the general law providing
for the registration of electors, and must not change the qualifications of
electors except as in this title provided. However, when an area is annexed
by a city or town after the date for registration has expired, opportunity
35
11-716 ELECTION LAWS
must be provided for residents of such area to register, if otherwise qualified,
for all future elections.
History: En. Sec. 4754, Pol. O. 1896; 6009, R. C. M. 1921; amd. Sec. 4, Oil. 76,
re-en. Sec. 3230, Eev. C. 1907; re-en. Sec. L. 1961.
11-716. (5010) Qualifications of electors. All qualified electors of the
state who have resided in the city or town or an area which has been an-
nexed by such city or town for six months and in the ward or an area
which has been annexed and placed in a ward for thirty days next preced-
ing the election are entitled to vote at any municipal election, including
elections involving or held under the commission form of government,
commission-manager plan or other form of municipal government.
History: En. Sec. 4766, Pol. 0. 1895; 5010, B. C. M. 1921; amd. Sec. 5, Cb. 76,
re-en. Sec. 3231, Key. 0. 1907; re-en. Sec. L. 1961.
11-717. (5011) Election judges ajid clerks — voting places. The coun-
cil 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 (1) 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 wards, but a ward
may be subdivided into several voting precincts, and when so divided the
elector shall vote in the precinct in which he resides. In cities and towns
operating under the commission, or the commission-manager plan of mu-
nicipal government, where there are no wards for election purposes and the
officers of the city or town are elected at large, the election precincts shall
correspond with the election precincts in such city or town as fixed by the
board of county commissioners for state and county elections, but such
precincts may be by the city commission divided into as many voting
precincts, to facilitate the voting and counting of the vote, as the city
commission shall by ordinance provide, and the elector shall vote in the
voting precinct so designated, in which he resides. For all municipal elec-
tions the city council or other governing body may appoint a second or ad-
ditional 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 addi-
tional board of election judges for general elections appointed by boards of
county commissioners under the provisions of section 23-601. 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 ordinance provide that there shall be but
one polling or voting place for municipal elections, notwithstanding the
number of wards or precincts in the municipality otherwise provided for.
All municipal elections must be conducted in accordance with the general
laws of the state of Montana relating to such election.
36
CITIES AND TOWNS 11-721
History: En. S«c. 1, Oh. 187, L. 1907; 1921; amd. Sec. 1, Oh. 19, L. 1939; amd.
Sec. S232, Bev. 0. 1907; amd. Sec. 1, Oh. Sec. 1, Oh. 86, L. 1941; amd. Sec. 1, Oh.
69, L. 1909; rfr-en. Sec. 5011, R. O. M. 124, L. 1947; amd. Sec. 1, Oh. 14, I* 1955.
11-718. (5012) Canvass — when and how made. On the Monday follow-
ing any election, the council must convene and publicly canvass the result,
and issue certificates of election to each person elected by a plurality of
votes. When two or more persons have received an equal and highest
number of votes for any one of the ofiBces voted for, the council must there-
after, at its first regular meeting, decide by vote between th? 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 there-
after, and, in addition to the notice provided for calling special meetings,
must publish the same on two successive days in some newspaper published
in such city or town. If the mayor fails to call said meeting within said
five days, any three councilmen may call it. At such special meeting all
elections, appointments, or other business may be transacted that could
have been on the day first herein named.
History: En. Sec 4767, PoL 0. 1896;
re-en. Sec. 3233, Bev. 0. 1907; re-en. Sec.
5012, B. 0. M. 1921.
11-719. (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 ap-
pointed to office, fails for ten days to qualify as required by law, or enter
upon his duties at the time fixed by law, then such office becomes vacant ;
or if any officer absents himself from the city or town continuously for ten
days without the consent of the council, or openly neglects or refuses to dis-
charge 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.
History: En. Sec 4768, PoL O. 1895;
re-en. Sec. 3234, Bev. 0. 1907; re-en. Sec.
6013, B 0. M. 1921.
11-720. (5014) When duties of office begfin. The officers elected enter
upon their duties the first Monday of May succeeding their election, and
officers appointed by the mayor, with the advice and consent of the council,
within ten days after receiving notice of their appointment.
History: En. Sec. 4759, PoL 0. 1895; re-
en. Sec. 3235, Bev. 0. 1907; re-en. Sec
5014, B. 0. M. 1921.
11-721. (5015) Vacancies — ^how filled — removal of officer. When any
vacancy occurs in any elective office, the council, by a majority vote of the
members, may fill the same for the unexpired term, and until the qualifica-
37
11-964 ELECTION LAWS
tion of the successor. A vacancy in the office of alderman must be filled
from the ward in which the vacancy exists, but if the council shall fail to
fill such vacancy before the time for the next election, the qualified electors
of such city or ward may nominate and elect a successor to such office. The
council, upon written charges, to be entered upon their journal, after notice
to the party and after trial by the council, by vote of two-thirds of all the
members elect, may remove any officer.
History: En. Sec. 1, Oil. 72, L. 1903;
n-tOL Sec. 3236, Bey. O. 1907; re-en. Sec.
5015, B. O. M. 1921.
CHAPTER 9
POWEES OF CITY AND TOWN COUNCILS
Section 11-964. Disposal or lease of city property — approval of electors, when required.
11-966. Purposes for which indebtedness may be incurred — limitation — addi-
tional indebtedness for sewer or water system — procuring water sup-
ply and system — jurisdiction of public works appurtenances.
11-988. Power of cities and towns to acquire natural gas and distributing sys-
tem therefor.
11-964. (5039.61) Disposal or lease of city property — approval of elec-
tors, when required. 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 resolution passed by a two-
thirds vote of all the members of the council ; and provided further that if
such property be held in trust for a specific purpose such sale or lease there-
of be approved by a majority vote of taxpayers of such municipality cast
at an election called for that purpose ; and provided further that nothing
herein contained shall be construed 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 subdivision 5 of section
62-204.
History: JSsi. Subd. 62, Sec. 6039, B. C. amd. Sec 1, Ch. 20, L. 1927; amd. Sec.
M. 1921; amd. Sec. 1. Oh. 115, L. 1925; 1, Ch. 35, L. 1937.
11-966. (5039.63) Purposes for which indebtedness may be incurred —
limitation — additional indebtedness for sewer or water system — procuring
water supply and system — jurisdiction of public worlM appurtenances.
The city or town council has power: (1) To contract an indebtedness on
behalf of a city or town, upon the credit thereof, by borrowing money
or issuing bonds for the following purposes, to-wit: Erection of public
buildings, construction of sewers, sewage treatment and disposal plants,
bridges, docks, wharves, breakwaters, piers, jetties, moles, waterworks,
reservoirs and reservoir sites, lighting plants, supplying the city or town
with water by contract, the purchase of fire apparatus, street and other
equipment, the construction or purchase of canals or ditches and water
rights for supplying the city or town with water, building, purchasing,
constructing and maintaining devices intended to protect the safety of
the public from open ditches carrying irrigation or other water, to acquire,
open and/or widen any street and to improve the same by constructing,
38
CITIES AND TOWNS 11-966
reconstructing and repairing pavement, gutters, curbs and vehicle park-
ing strips and to pay all or any portion of the cost thereof, and the funding
of outstanding warrants and maturing bonds; provided, that the total
amount of indebtedness authorized to be contracted in any form, including
the then existing indebtedness, must not, at any time, exceed five per
centum (5%) of the total value of the taxable property of the city or
town, as ascertained by the last assessment for state and county taxes,
said words "value of the taxable property" being used herein in the
same sense as in section 6 of article XIII of the constitution ; provided,
that no money must be borrowed on bonds issued for the construction,
purchase, or securing of a water plant, water system, water supply, sewage
treatment and disposal plant, 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.
(2) The additional indebtedness authorized, including all indebtedness
theretofore contracted, which is unpaid or outstanding, for the construction
of a sewerage system, or for the procurement of a water supply, or for
both such purposes, shall not exceed in the aggregate ten per centum (10% )
over and above the five per centum (5%) heretofore referred to, of the total
valuation of the taxable property of the city or town as ascertained by the
last assessment for state and county taxes; and, provided further, that the
above limit of five per centum (5%) shall not be extended, unless the ques-
tion shall have been submitted to a vote of the taxpayers affected thereby^
and carried in the affirmative by a vote of the majority of said taxpayers
who vote upon such question.
(3) It is further provided, that whenever a franchise has been granted
to, or a contract made with, any person or persons, corporation or corpora-
tions, 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 in such contract or desiring
such water supply, shall, by the passage of an ordinance, give notice to
such person or persons, corporation or corporations, that it desires to
purchase the plant and franchise and water supply of such person or
persons, corporation or corporations, and it shall have the right to so
purchase the said plant or water supply, upon such terms as the parties
agree ; in case they cannot agree, then the city or town shall proceed
to acquire the same under the laws relating to the taking of private
property for public use, and any city or town acquiring property under
the laws relating to the taking of private property for public use, shall
make payment to the owner or owners of the plant or water supply of the
value thereof legally determined, within six (6) months from and after final
judgment is entered in the condemnation proceedings. For the purpose of
39
11-988 ELECTION LAWS
providing the city or town with an adequate water supply for municipal and
domestic purposes, the city or town council shall procure and appropriate
water rights and title to the same, and the necessary real and personal prop-
erty to make said rights and supply available, by purchase, appropriation,
location, condemnation, or otherwise.
(4) Cities and towns shall have jurisdiction and control over the ter-
ritory occupied by their public works, and over and along the line of
reservoirs, streams, trenches, pipes, drains, and other appurtenances used
in the construction and operation of such works, and also over the source of
stream for which water is taken, for the enforcement of its sanitary ordi-
nances, the abatement of nuisances, and the general preservation of the
purity of its water supply, with power to enact all ordinances and regula-
tions 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.
History: En. Subd. 64, Sec. 5039, R. C. 1953; amd. Sec. 1, Ch. 34, L. 1955; amd.
M. 1921; amd. Sec. 1, Ch. 115, L. 1925; Sec. 1, Ch. 38, L. 1969; amd. Sec. 1, Ch.
amd. Sec. 1, Ch. 20, L. 1927; amd. Sec. 1, 158, L. 1963. See also history of Sec.
Ch. 35, L. 1947; amd. Sec. 1, Ch. 152, L. 11-901.
11-988. (5039.85) Power of cities and towns to acquire natural gas and
distributing system therefor. The city or town council has power to con-
tract an indebtedness of a city or town upon the credit thereof by borrow-
ing money or issuing bonds for the construction, purchase or development of
an adequate supply of natural gas, and to construct or purchase a system of
gas lines for the distribution thereof to the inhabitants of said city or town
or vicinity ; provided, that the total amount of indebtedness authorized to be
contracted in any form, including the then existing indebtedness must not
at any time exceed three per centum (3%) of the total assessed valuation
of the taxable property of the city or town as ascertained by the last assess-
ment for state and county taxes, and provided further, that no money must
be borrowed or bonds issued for the purposes herein specified 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.
History: En. Sec. 1, Ch. 128, L. 1927.
CHAPTER 10
POWERS OF CITY AND TOWN COUNCILS (continued)
Section 11-1008. Public baths,
11-1015. Parking meters in cities or towns of 2,500 population or less.
11-1016. Referendum on parking meters required before ordinance.
11-1017. Existing meters and ordinances unaffected.
11-1019. Operation of bus lines — contracting indebtedness.
11-1020. Operation subject to Motor Carrier Act — exception.
11-1021. Contracts or lease arrangements with independent carriers of pas-
sengers— when authorized — levy of tax.
11-1022. Bids for service — operation of carriers.
40
CITIES AND TOWNS 11-1017
11-1008. (5045) Public baths. All cities or towns incorporated under
the laws of the state of Montana, in addition to other powers conferred upon
them, are hereby empowered and authorized to establish and maintain a
public bathing place within said city or town, and to defray the cost and
expense of maintaining said public bathing place, said city or town is hereby
authorized and empowered to contract an indebtedness, upon behalf of said
city or town, upon the credit thereof, by borrowing money or issuing bonds ;
provided, that no money may be borrowed, and no bonds may be issued for
said purpose, until the proposition has been submitted to the vote of the tax-
payers affected thereby of the city or town, and a majority vote be cast
therefor.
History: En. Sec. 1, Oh. 12, L. 1905;
re-en. Sec. 32d4, Bev. C. 1907; re-em. Sec.
5046, R. C. M. 1921.
11-1015. Parkiiig meters in cities or towns of 2,500 population or leas.
Any city or town council of any incorporated city or town of twenty-five
hundred (2500) population or less is hereby empowered to enact an ordi-
nance or ordinances :
(a) To purchase, rent, lease or otherwise acquire coin operating park-
ing meters, or other devices, or instruments used for the purpose of measur-
ing the duration of time an automobile or other vehicle is parked.
(bj To install, maintain and operate said meters, devices or instruments
at or near any public street, highway, avenue or other public place within
the corporate limits of such city or town.
(c) To provide for such regulations as necessary to govern the use of
its public streets, highways, avenues or other public places for the purpose
of parking automobiles or other vehicles, and the use of said meters, devices
or instruments in conjunction therewith, including the establishment and
designation of zones or areas where said meters, devices or instruments are
to be used.
History: En. Sec. 1, Ch. 91, L. 1949.
11-1016. Referendum on parking meters required before ordinance.
Provided, however, that no ordinance or ordinances providing for the pur-
chasing, renting, leasing or otherwise acquiring or installing, maintaining,
operating or using such parking meters, devices or instruments shall be
enacted until and unless the question of whether or not such ordinance
or ordinances shall be enacted has been submitted to the qualified electors
of such city or town at a general election or special election called for that
purpose, and unless at such election a majority of the votes cast for and
against the question shall have been in favor of the enacting of said ordi-
nance or ordinances.
History: En. Sec. 2, Ch. 91, L. 1949.
11-1017. Existing meters and ordinances unaffected. Nothing herein
contained shall affect the validity of any ordinance relating to parking
meters or similar devices or instruments heretofore adopted by any city or
town, or any extension thereof hereafter made.
History: En. Sec. 3, Oh. 91, I<. 1949.
41
11-1019 ELECTION LAWS
11-1019. Operation of bus lines — contracting indebtedness. Whenever
a city or town is not being served by a bus company or operator, operating
on a regular schedule, and under the jurisdiction of the Montana railroad
and public service commission or if such service is to be or is likely to be
discontinued in the immediate future, the city or town council of any
incorporated city or town shall have the power to contract an indebtedness
of any such city or town upon the credit thereof by borrowing money or
issuing bonds for the purchase, development, operation or leasing of motor
buses and bus lines for the transportation of passengers within the corpo-
rate limits of such cities and towns, and to operate the same to any point
or points beyond said limits not to exceed eight (8) miles, measured along
the route of said bus line ; provided that the total amount of indebtedness
authorized to be contracted in any form, including the then existing in-
debtedness must not at any time exceed five per centum (5%) of the total
assessed valuation of the taxable property of the city or town as ascer-
tained by the last assessment for state and county taxes, and provided
further, that no money must be borrowed or bonds issued for the purposes
herein specified 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.
History: En. Sec. 1, Oil. 101. L. 1951;
amd. Sec. 1, Oh. 211, L. 1956; amd. Sec. 1,
Oh. 120, L. 1957.
11-1020. Operation subject to Motor Carrier Act — exception. The said
city or town council or commission shall have authority to provide for the
management and operation of said system ; and to do all the things necessary
for the successful operation of said transportation system. Such operations
shall be subject to all the provisions of the Motor Carrier Act (sections 8-101
to 8-129, Revised Codes of Montana, 1947) except that such municipality
may be issued a certificate of public convenience and necessity without
proof of the existence of public convenience and necessity, and except that
the municipality shall be exempt from the payment of fees provided by
sections 8-116 and 8-127, Revised Codes of Montana, 1947.
History: En. Sec. 2, Oh. 101, L. 1951;
amd. Sec. 1, Oh. 211, L. 1955; amd. Sec. 1,
Oh. 120, L. 1957.
11-1021. Contracts or lease arrangements with independent carriers of
passengers — when authorized — levy of tax. Whenever a city or town is
not being served by a bus company or operator, operating on a regular
schedule, and under the jurisdiction of the Montana railroad and public
service commission or if such service is to be, or is likely to be, discontinued
in the immediate future, the city or town council of any incorporated
city or town shall have the power to enter into a contract or contracts, or
to enter into a lease or a lease and operating agreement, with an independ-
ent carrier or independent carriers for the transportation of passengers
by bus within the corporate limits of such city or town and to and from
any point or points beyond said limits not to exceed eight (8) miles
measured along the route of said bus line or lines ; and for the purpose of
42
CITIES AND TOWNS 11-1104
raising the necessary moneys to defray the cost of such transportation
service pursuant to such contract or contracts, lease or lease and operating
agreement, with such independent carrier or carriers the city or town
council shall have power to annually levy a tax on the taxable value of
all taxable property within the limits of such city or town ; provided,
however, that whenever the council of such city or town shall deem it
necessary to raise money by taxation for such purpose in excess of the
levy now allowed by law the council of such city or town shall in the manner
prescribed by law, 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 ; pro-
vided, however, that such additional levy in excess of the levy now allowed
by law shall not exceed one and one-half (11/2) mills.
History: En. Sec. 3, Ch. 211, L. 1956;
amd. Sec. 1, Ch. 120, L. 1957.
11-1022. Bids for service — operation of carriers. The said city or town
council shall have power and authority to call for bids from independent
carriers for such transportation service, and to do all things necessary or
proper for establishment and maintenance of such transportation service
by contract, lease or lease and operating agreement.
History: En. Sec. 4, Ch. 211, L. 1956;
amd. Sec. 1, Oh. 120, L. 1967.
CHAPTER 11
ORDINANCES— INITIATIVE AND BETEBENDUM
Section 11-1104. Initiative in cities — petition.
11-1105. Submission of question at regular election.
11-1106. No ordinance to be effective until thirty days after passage.
11-1107. Beferendum petition.
11-1108. Beferendum to be had at regular election.
11-1109. Special election may be ordered.
11-1110. Proclamation of election.
11-1111. Ballots and method of voting.
11-1112. Qualifications of voters.
11-1113. Forms of petitions and conduct of proceedings.
11-1114. To what ordinances applicable.
11-1104. (5058) Initiative in cities — petition. (1) Ordinances may be
proposed by the legal voters of any city or town in this state, in the
manner provided in this act. Fifteen per cent (15%) 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 ordi-
nance or ordinances. Such petition shall be filed with the city or town
clerk. It shall be the duty of the city or town clerk to present the same
to the council at its first meeting next following the filing of the petition.
The council may, within sixty (60) days after the presentation of the
petition to the council, pass an ordinance similar to that proposed in the
petition, either in exact terms or with such changes, amendments, or
43
11-1104 ELECTION LAWS
modifications as the council may decide upon. If the ordinance proposed
by the petition be passed without change, it shall not be submitted to the
people, unless a petition for referendum demanding such submission shall
be filed under the provisions of this act.
(2) If the council shall have made any change in the proposed ordi-
nance, a suit may be brought in the district court in and for the county
in which the city or town is situated, to determine whether or not the
change is material. Such suit may be brought in the name of any one or
more of the petitioners. The city shall be made the party defendant. Any
elector of the city or town may appear in such suit in person or by
counsel on the hearing thereof, but the court shall have the power to
limit the number of counsel who shall be heard on 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 city council passed an ordinance on the subject different
from that proposed in the petition; and that the plaintiff desires a con-
struction of the ordinance so passed to determine whether or not it differ
materially from that proposed. The petition and the ordinance proposed
thereby, and the ordinance actually passed, may be set out in the 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.
(3) The court shall have jurisdiction in such cases to determine
whether or not the change made by the city council is material, and also
whether the petition was regular in form or substance, and shall also
have power to decide, if the fact be put in issue by the defendant, whether
or not the petition was signed by a sufficient number of voters and was
regular in form. If the court shall decide that the change was material
and that the petition was regular in form and signed by a sufficient
number of legal voters, then the ordinance proposed by the petition shall
be 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 suflScient number of legal voters, the ordinance shall not
be submitted to the people. If the court shall decide that the changes
made by the council were material, but that the petition was irregular for
some reason, or not properly or sufficiently signed, a new petition, regular
in form, may be presented by the required number of legal voters, asking
the council to submit such ordinance to the people, and thereupon the
same shall be so submitted as provided in this act.
(4) If the council shall not, within sixty days, pass an ordinance
on the subject of the ordinance proposed in the petition, then the ordinance
proposed by the petition shall be submitted to the people. Before sub-
mitting such ordinance to the people, the mayor or city or town council
may direct that a suit be brought in the district court in and for the county,
in the name of the city or town, to determine whether the petition and
ordinance are regular in form, and whether the ordinance so proposed
44
CITIES AND TOWNS 11-1106
would be valid and constitutional. The complaint shall name as defendants
not less than ten nor more than twenty of the petitioners. In addition to
the names of such defendants, in the caption of the complaint, there shall
be added the words, "and all petitioners whose names appear on the petition
for an ordinance filed on the day of , in the year
," stating the date of filing. The summons shall be similarly
directed and shall be served on the defendants named therein, and in addi-
tion thereto shall be published at least once, at the expense of the city, in
at least one newspaper published in the city or town.
(5) 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 anyone affected by the ordinance.
No costs shall be allowed to either side in suits or appeals under this section.
(6) If an ordinance shall be repealed pursuant to a proposal initiated
by the legal voters of a city or town, as in this section provided, the city
or town council may not, within a period of two years thereafter, re-enact
such ordinance or any ordinan-ce so similar thereto as not to be materially
different therefrom. If during such two-year period the council shall enact
an ordinance similar to the one repealed pursuant to initiative of the voters,
a suit may be brought to determine whether such new ordinance be a re-
enactment without material change of the one so repealed, and the pro-
visions of subsections 2 and 3 hereof shall apply to such suit and determina-
tion of the issues arising thereon. Nothing herein contained shall prevent
exercise of the initiative herein provided for, at any time, to procure a re-
enactment of an ordinance repealed pursuant to initiative of the voters.
History: En. Ch. 167, L. 1907; Sec. R. C. M. 1921; amd. Sec. 1, Ch. 24, L.
3266, Rev. 0. 1907; re-en. Sec. 6058, 1951; amd. Sec. 1, Ch. 126, L, 1967.
11-1105. (5059) Submission of question at regfidar election. Any ordi-
nance 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 munici-
pal election.
History: En. Oh. 167, L. 1907; Sec.
3267, Rev. 0. 1907; re-en. Sec. 5059, R. C.
M. 1921.
11-1106. (5060) No ordinance to be effective until thirty days after
passage. No ordinance or resolution passed by the council of any city or
town shall become effective until thirty days after its passage, except gen-
eral appropriation ordinances providing for the ordinary and current ex-
45
11-1107 ELECTION LAWS
penses of the city or town, excepting also emergency measures, and in the
case of emergency measures the emergency must be expressed in the pre-
amble 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 resolu-
tions 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 thou-
sand dollars in value.
History: En. Cli. 167, L. 1907; Sec.
3268, Rev. 0. 1907; re-en. Sec. 6060, B. C.
M. 1921.
11-1107. (5061) Referendum petition. During the thirty (30) days
following the passage of any ordinance or resolution, ten per cent (10%)
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.
History: En. Ch. 167, L. 1907; re-en.
Sec. 3269, Rev. C. 1907; re-en. Sec. 5061,
R. C. M. 1921; amd. Sec. 1, Ch. 94, L.
1967.
11-1108. (5062) Beferendum to be had at r^fnlar election. Any meas-
ure on which a referendum is demanded under the provisions of this act shall
be submitted to the electors of the city or town at the next municipal elec-
tion; provided, the petition or petitions shall have been filed with the city
clerk at least thirty days before such election. If such petition or petitions
be signed by not less than fifteen per cent of the qualified electors of the
city or town, the measure shall be submitted at a special election to be held
for the purpose.
History: En. Oh. 167, L. 1907; re-en.
Sec. 3270, Rev. 0. 1907; re-en. Sec. 5062,
R. O. M. 1921.
11-1109. (5063) Special election may be ordered. The city or town
council may in any case order a special election on a measure proposed by the
initiative, or when a referendum is demanded, or upon any ordinance
passed by the city or town council, and may likewise submit to the electors,
at a general election, any ordinance passed by the city or town council.
History: En. Oh. 167, L. 1907; r»-en.
Sec. 3271, Rev. 0. 1907; re-en. Sec. 5063,
R. O. M. 1921.
11-1110. (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 consecu-
tive weeks in each daily newspaper in the municipality, if there be such,
46
CITIES AND TOWNS 11-1113
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,
History: En. Oil. 167, L. 1907; re-en.
Sec. 3272, Rev. C. 1907; re-en. Sec. 6061,
B. C. M. 1921.
11-1111. (5065) Ballots and method of voting. The question to be bal-
loted upon by the electors shall be printed on the initiative or referendum
ballot, and the form shall be that prescribed by law for questions submitted
at state elections. The referendum or initiative ballots shall be counted,
canvassed, and returned by the regular board of judges, clerks, and officers,
as votes for candidates for office are counted, canvassed, and returned.
The returns for the questions submitted by the voters of the municipality
shall be on separate sheets, and returned to the clerk of the municipality.
The returns 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.
History: En. Sec. 167, L. 1907; re-en.
Sec. 3273, Bev. 0. 1907; re-en. Sec. 6065,
B. C. M. 1921.
11-1112. (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 qualified to vote at municipal
elections, the registration book or books shall be prima facie evidence of
the right to sign any petition herein provided for.
History: En. Oh. 167, L. 1907; re-en.
Sec. 3274, Bev. 0. 1907; re-en. Sec. 6066^
B. 0. M. 1921.
11-1113. (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. 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.
History: En. Oh. 167, L. 1907; re-en.
Sec. 3276, Bev. O. 1907; re-en. Sec. 5067,
B. O. M. 1921.
47
11-1114 ELECTION LAWS
11-1114. (5068) To what ordinances applicable. The provisions of this
act regarding the referendum shall not apply to ordinances which are re-
quired by any other law of the state to be submitted to the voters or the
electors or taxpayers of any city or town.
History: En. Ch. 167, L. 1907; re-«n.
Sec. 3276, Rev. C. 1907; re-en. Sec. 6068,
R. C. M. 1921.
CHAPTER 12
CONTRACTS AND FRANCHISES
Section 11-1202. Awarding contracts — advertisement — limitations — installments — sales
of supplies — construction of buildings — purchases from government
agencies — exemptions.
11-1206. Franchise, how granted.
11-1207. Grant of franchise must be submitted to tax-paying freeholders.
11-1208. Same — notice of election.
11-1209. When voted, council must pass ordinance.
11-1202. (5070) Awarding^ contracts — advertisement — limitations — in-
stallments— sales of supplies — construction of buildings — purchases from
government agencies — exemptions. All contracts for work, or for sup-
plies, or for material, or for the construction of any building, for which
must be paid a sum exceeding one thousand dollars ($1,000.00), must be
let to the lowest responsible bidder after advertisement for bids; provided
that no contract shall be let extending over a period of three (3) years
or more without first submitting the question to a vote of the taxpaying
electors of said city or town. Such advertisement shall be made in the
official newspaper of the city or town, if there be such official newspaper,
and if not it shall be made in a daily newspaper of general circulation
published in the city or town, if there be such, otherwise by posting in
three (3) of the most public places in the city or town. Such advertise-
ment if by publication in a newspaper shall be made once each week for
two consecutive weeks and the second publication shall be made not
less than five (5) days nor more than twelve (12) days before the con-
sideration of bids. If such advertisement is made by posting, fifteen (15)
days must elapse, including the day of posting, between the time of the
posting of such advertisement and the day set for considering bids. The
council may postpone action as to any such contract until the next reg-
ular meeting after bids are received in response to such advertisement,
may reject any and all bids and readvertise as herein provided. The pro-
visions of this section as to advertisement for bids shall not apply upon
the happening of any emergency caused by fire, flood, explosion, storm,
earthquake, riot or insurrection, or any other similar emergency, but in
such case the council may proceed in any manner which, in the judgment
of three-fourths (%) of the members of the council present at the meet-
ing, duly recorded in the minutes of the proceedings of the council by
aye and nay vote, will best meet the emergency and serve the public
interest. Such emergency shall be declared and recorded at length in the
48
CITIES AND TOWNS 11-1207
minutes of the proceedings of the council at the time the vote thereon is
taken and recorded.
When the amount to be paid under any such contract shall exceed one
thousand dollars ($1,000.00) the council may provide for the payment of
such amount in installments extending over a period of not more than
three (3) years; provided that when such amount is extended over a
term of two (2) years at least forty per centum (40%) thereof shall be
paid the first year and the remainder the second year, and when such
amount is extended over a term of three (3) years, at least one-third (1/3)
thereof shall be paid each year; provided that at the time of entering into
such contract, there shall be an unexpended balance of appropriation in
the budget for the then current fiscal year available and sufficient to meet
and take care of such portion of the contract price as is payable during
the then current fiscal year, and the budget for each following year, in
which any portion of such purchase price is to be paid, shall contain an
appropriation for the purpose of paying the same.
Old supplies or equipment may be sold by the city or town to the
highest responsible bidder, after calling for bid purchasers as herein set
forth for bid sellers, and such city or town may trade in supplies or old
equipment on new supplies or equipment at such bid price as will result
in the lowest net price.
Also a city or town may, without bid, when there are sufficient funds
in the budget for supplies or equipment, purchase such supplies or equip-
ment from government agencies available to cities or towns when the
same can be purchased by such city or town at a substantial saving to
such city or town.
All necessary contracts for professional, technical, engineering and
legal services are excluded from the provisions of this act.
History: En. Sec. 1, Ch. 48, L. 1907; Sec. 1, Ch. 59, L. 1941; amd. Sec. 1, Ch.
re-en. Sec. 3278, Bev. C, 1907; re-en. Sec. 153, L. 1947; amd. Sec. 1, Ch. 139, L. 1949;
5070, R. C. M. 1921; amd. Sec. 1, Ch. 22, amd. Sec. 1, Ch. 220, L. 1959; amd. Sec.
I*. 1927; amd. Sec. 1, Ch. 18, L. 1939; amd. 1, Ch. 26, K 1963.
11-1206. (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 ex-
pressly prescribed by law and those necessarily incident thereto.
History: En. Sec. 4813, PoL C. 1896; Ch. 29, L. 1921; re-en. Sec. 5074, R. C. M.
re-en. Sec. 3290, Rev. 0. 1907; amd. Sec. 1, 192L
11-1207. (5075) Grant of franchise must be submitted to tax-paying
freeholders. 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.
History: En, Sec. 1, Ch. 86, L. 1903; 5076, R. C. M. 1921.
re-eiL Sec. 32dl, Rev. O. 1907; re-en. Sec.
49
11-1208 ELECTION LAWS
11-1208. (5076) Same — ^notice of election. A notice of such election
must be published at least in one daily newspaper, if there be one published
in the city or town, and if not, in some weekly newspaper of general circula-
tion, at least once a week for three successive weeks, and such notice must
be posted in three public places in the city or town. The notice must state
the time and place of holding the election, and the character of any such
franchise applied for, and the valuable consideration, if any there be, to be
derived by the city. At such election the ballots must contain the words,
"For granting franchise," "Against granting franchise," and in voting,
the elector must make a cross thus, "X," opposite the answer he intends to
vote for. Such election must be conducted and canvassed and the return
made in the same manner as other city or town elections.
History: En. Sec 2, Oh. 85, L. 1903;
re-en. Sec. 3292, Eev. C, 1907; re-en. Sec.
5076, B. C. M. 1921.
11-1209. (5077) When voted, council must pass ordinance. If the
majority of the votes cast at the election be "For granting franchise," the
mayor and city council must thereupon grant the same by the passage and
approval of a proper ordinance.
History: En. Sec. 3. Ch. 85, L. 1903;
re-en. Sec. 3293 Bev. 0. 1907; re-en. Sec.
5077, E. C. M. 1921.
CHAPTER 17
MUNICIPAL COURTS
Section 11-1703. Election of judges — term of office.
11-1703. (5094.3) Election of judges— term of office. There shall be
elected at the general city election in the year 1936 in all cities with a popu-
lation of twenty thousand (20,000) and over, one judge of municipal court.
The term of such judge so elected shall commence on the first Monday in
May, 1936, and terminate on the first Monday in May, 1938. Thereafter,
judges of municipal courts shall be elected at the general city elections in
all even numbered years. Such judges shall hold office for the term of
two years from the first Monday of May in the year in which they are
elected and until their successor is elected and qualified. All elections of
municipal judges shall be under and governed by the laws applicable to
the election of city officials, except that the names of candidates for munici-
pal judge shall be placed on the ballot to be used at such election without
any party designation or any statement, measure or principal which the
candidate advocates or any slogan after his name.
History: En. Sec. 3, Ob. 177, L. 1935.
CHAPTER 20
FIEE PBOTECTION IN UNINCORPOEATED TOWNS— FIRE WARDENS,
COMPANIES AND DISTRICTS
Section 11-2010. Trustees of fire districts — mutual aid agreements.
11-2010. (5149) Trustees of fire districts— mutual aid agreements.
(a) Whenever the board of county commissioners shall have established
50
CITIES AND TOWNS 11-2010
a fire district in any unincorporated territory, town or village, said com-
missioners may contract with a city, town or private fire company to
furnish fire protection for property within said district, or shall appoint
five qualified trustees to govern and manage the affairs of the fire district,
who shall hold oflSce until their successors are elected and qualified, as
hereinafter provided. Qualifications of electors and trustees, terms of office,
vacancies, manner and date of elections, shall, as far as possible, be the
same as provided in the school election laws for school districts of the
second class; except, that only electors who are taxpayers affected by the
special fire district levies may vote at such elections, and be qualified to
serve as trustees; and except, also, there need be no special registration
of electors.
(b) Power of trustee. The trustees shall organize by choosing a chair-
man, and appointing one member to act as secretary. They shall prepare
and adopt suitable by-laws; appoint and form fire companies that shall
have the same duties, exemptions, and privileges as other fire companies.
The trustees shall have the authority to provide adequate and standard
fire-fighting apparatus, equipment, housing and facilities for the protection
of the district; and shall prepare annual budgets and request special levies
therefor. The budget laws relating to county budgets, shall, as far as
applicable, apply to fire districts.
(c) The trustees of such fire district may contract with the council
of any city or town, or with the trustees of any other fire district estab-
lished in any unincorporated territory, town or village, lying within five
(5) miles of the farthest limits of the district, whether such city or town
or other fire district shall lie within the same county or another county,
for the extension of fire protection service by such city or town, or by
such other fire district, to property included within the district, and may
agree to pay a reasonable consideration therefor, provided, that the owners
of ten per cent (10%) of the taxable value of the property in any fire
district may elect to make a contract with the city fire department for
fire protection, or to be included in the fire district protection facilities.
Likewise, the trustees may contract to permit the fire district equipment
and facilities to be used by or for such cities or towns lying within the
district, or by such cities, towns, or other fire districts lying within five
(5) miles of the farthest limits of the district.
(d) A mutual aid agreement is an agreement for protection against
natural or man-made disasters. Fire district trustees may enter such
agreements with the proper authority of
(1) other fire districts
(2) unincorporated municipalities
(3) incorporated municipalities
(4) state agencies which have fire prevention services
(5) private fire prevention agencies
(6) federal agencies.
History: En. Sec. 1, Ch, 107, K 1911; amd. Sec. 2, Ch. 75, L. 1953; amd. Sec. 2,
amd. Sec. 1, Ch. 19, L. 1921; re-en. Sec. Ch. 77, L. 1969; amd. Sec. 1, Ch. 118, L.
5149, R. C. M. 1921; amd. Sec. 1, Ch. 130, 1959; amd. Sec. 1, Ch. 2, L. 1965.
K 1925; amd. Sec. 3^ Ch. 97, L. 1947;
51
11-2217 ELECTION LAWS
CHAPTER 22
SPECIAL IMPROVEMENT DISTRICTS
Section 11-2217. Cities and towns may establish sewage treatment and disposal plants
and systems and water supply and distribution systems.
11-2218. May issue revenue bonds — sinking fund — refunding revenue bonds.
11-2271. Loans from revolving fund for paying improvement district warrants
— authorization by electors.
11-2275. Creation and maintenance of fund.
11-2276. Issuance of bonds — submission to electors.
11-2217. Cities and towns may establish sewag-e treatment and disposal
plants and systems and water supply and distribution systems. Any city
or town may when authorized so to do by a majority vote of the qualified
electors voting on the question establish, build, construct, reconstruct
and/or extend a storm and/or sanitary sewerage system and/or a plant or
plants for treatment or disposal of sewage therefrom, or a water supply
and/or distribution system, or any combinations of such systems, and may
operate and maintain such facilities for public use, and in addition to all
other powers granted to it, such municipality shall have authority, by
ordinance duly adopted by the governing body to charge just and equitable
rates, charges or rentals for the services and benefits directly or indirectly
furnished thereby. Such rates, charges or rentals shall be as nearly as
possible equitable in proportion to the services and benefits rendered, and
sewer charges may take into consideration the quantity of sewage produced
and its concentration and water pollution qualities in general and the cost
of disposal of sewage and storm waters. The sewer charges may be fixed
on the basis of water consumption or any other equitable basis the govern-
ing body may deem appropriate and, if the governing body determines that
the sewage treatment and/or storm water disposal prevents pollution of
sources of water supply, may be established as a surcharge on the water
bills of water consumers or on any other equitable basis of measuring the
use and benefits of such facilities and services. In the event of nonpayment
of charges for either water or sewer service and benefits to any premises,
the governing body may direct the supply of water to such premises to be
discontinued until such charges are paid.
In this act "qualified electors" shall mean registered electors of the
municipality whose names appear upon the last preceding assessment roll
for state and county taxes as taxpayers upon property within the munici-
pality. The question of building, constructing, reconstructing or extending
the system, plant or plants and the question of issuing and selling revenue
bonds for such purpose may be submitted as a single proposition or as
separate propositions. Any election under this act may be called by a
resolution of the governing body which it may adopt without being pre-
viously petitioned to do so.
History: En. Sec. 1, Oh. 149, L 1943;
amcL Sec. 1, OIl 100, L. 1947; amd. Sec. 1,
Oh. 98, L. 1966.
11-2218. May issue revenue bonds — sinking fund — refunding revenue
bonds. (1) Any such municipality may issue and sell negotiable revenue
52
CITIES AND TOWNS 11-2218
bonds for the construction of any such water or sewer system or combined
water and sewer system when authorized so to do by a majority vote of
the qualified electors voting on the question at an election called by the
city council or other governing body of the municipality for that purpose,
and noticed and conducted in accordance with the provisions of sections
11-2308 to 11-2310, inclusive; which bonds shall bear interest at a rate or
rates and shall be sold at a price resulting in an average net interest cost,
computed to the stated bond maturity dates, of not more than six per cent
(6%) per annum and all bonds shall mature within forty (40) years from
date of bonds, and may be registered as to ownership of principal only with
the treasurer of said municipality, if so directed by the governing body. No
bonds shall be sold for less than par, and each of said bonds shall state
plainly on its face that it is payable only from a sinking fund, naming said
fund and the ordinance and resolution creating it, and that it does not
create an indebtedness within the meaning of any charter, statutory or
constitutional limitation upon the incurring of indebtedness.
(2) Prior to the issuance of said bonds the city council or other
governing body of such municipality shall adopt an ordinance or resolu-
tion authorizing the issuance and sale of said bonds, and must create a
sinking fund for the payment of the bonds and the interest thereon and
charges of the fiscal agency for making payment of the bonds and interest
thereon.
(3) At or before the issuance and sale of any such bonds, the govern-
ing body shall, by resolution or ordinance, set aside to such sinking fund
and pledge to the payment of the bonds and the interest thereon the net
income and revenues of the system, including all additions thereto and
replacements and improvements thereof subsequently constructed or ac-
quired, up to an amount sufficient to provide for the payment of the prin-
cipal and the interest on the bonds as such principal and interest shall
become due and payable, and to accumulate and maintain reserves securing
such payments in such amount as shall be deemed by the governing body
to be necessary and expedient.
(4) The said net income and revenues above-mentioned shall be
construed to mean all the gross income from said system less normal,
reasonable and current expenses of operation and maintenance thereof.
(5) Said payments above-mentioned shall constitute a first and prior
charge and lien on the entire net income and revenues derived from the
operation of said system, provided that the governing body shall have
power from time to time to establish the relative priority of the liens of
successive issues of bonds upon said net income and revenues, subject
to any restrictions contained in the ordinances or resolutions authorizing
bonds of prior issues,
(6) Any such municipality, by ordinance or resolution adopted by
its governing body, and without an election, may issue and sell negotiable
revenue bonds in the manner provided in this section, to refund bonds
previously issued for any of the foregoing purposes, whether issued under
authority of this section or any other applicable law. Refunding bonds
may, with the consent of the holders of the bonds to be refunded thereby,
53
11-2218 ELECTION LAWS
be exchanged at par plus accrued interest for all or part of such bonds, or
may be sold at a price not less than par plus accrued interest, but nothing
herein shall require the holder of any outstanding bond to accept pay-
ment thereof or the delivery of a refunding bond in exchange therefor,
except in accordance with the terms of such outstanding bond. Bonds
may be issued to refund interest as well as principal actually due and
payable if the revenues pledged therefor are not sufficient, but not to re-
fund any principal or interest due which can be paid from revenues then
on hand.
(7) Any municipality having issued bonds payable from net revenues
of its water and sewer system or combined water and sewer systems,
whether under authority of this section or otherwise, may issue additional
bonds after authorization by the qualified electors in the manner herein-
above provided, to finance the reconstruction and improvement of such
system and the construction of additions thereto, and may provide that
such additional bonds shall be payable from said net revenues on a parity
with the outstanding bonds of such previous issues, subject to any re-
strictions upon such issuance which may be imposed by the resolutions
or ordinances authorizing said outstanding bonds; or the governing body
may provide for the issuance of refunding bonds, without an election, to
retire such outstanding bonds and may, if desired, combine such refund-
ing issue with the issue authorized by the electors for reconstruction,
improvements and additions, or may include the amount required for such
refunding in the amount of such additional issue when submitted to the
electors.
(8) Refunding bonds may bear interest at a rate lower or higher than
the bonds refunded thereby, if they are issued to refund matured prin-
cipal or interest for the payment of which revenues on hand are not
suflficient, or if the refunding bonds are combined with an issue of new
bonds for reconstruction, improvements and additions and the lien of such
new bonds upon the revenues of the system or systems must be junior
and subordinate to the lien of the outstanding bonds refunded, under the
terms of the ordinances or resolutions authorizing the outstanding bonds,
as applied to circumstances existing on the date of refunding. Except as
authorized in the preceding sentence, refunding bonds shall not be issued
unless their average annual interest rate, computed to their stated ma-
turity dates and excluding any premium from such computation, is at least
three-eighths of one per cent (3/8 of 1%) less than the average annual
interest rate on the bonds refunded thereby, computed to their respective
stated maturity dates.
(9) In any case where refunding bonds are issued and sold six (6)
months or more before the earliest date on which all bonds refunded
thereby mature or are prepayable in accordance with their terms, the
proceeds of the refunding bonds, including any premium and accrued
interest, shall be deposited in escrow with a suitable bank or trust com-
pany, having its principal place of business within or without the state,
which is a member of the Federal Reserve System and has a combined
capital and surplus not less than one million dollars ($1,000,000), and
54
CITIES AND TOWNS 11-2271
shall be invested in such amount and in securities maturing on such dates
and bearing interest at such rates as shall be required to provide funds
suflScient to pay when due the interest to accrue on each bond refunded
to its maturity or, if it is prepayable, to the earliest prior date upon which
such bond may be called for redemption, and to pay and redeem the prin-
cipal amount of each such bond at maturity, or, if prepayable, at its
earliest redemption date, and any premium required for redemption on
such date; and the resolution or ordinance authorizing the refunding
bonds shall irrevocably appropriate for these purposes the escrow fund
and all income therefrom, and shall provide for the call of all prepayable
bonds in accordance with their terms. The securities to be purchased
with the escrow fund shall be limited to general obligations of the United
States, securities whose principal and interest payments are guaranteed
by the United States, and securities issued by the following United States
government agencies: Banks for Cooperatives, Federal Home Loan Banks,
Federal Intermediate Credit Banks, Federal Land Banks, and the Federal
National Mortgage Association. Such securities shall be purchased simul-
taneously with the delivery of the refunding bonds.
(10) Revenues and other funds on hand, in excess of amounts pledged
by ordinances and resolutions authorizing outstanding bonds for the pay-
ment of principal and interest currently due thereon and reserves securing
such payment, may be used to pay the expenses incurred by the municipality
for the purpose of such refunding, including but without limitation the
cost of advertising and printing refunding bonds, legal and financial advice
and assistance in connection therewith, and the reasonable and customary
charges of escrow agents and paying agents. Revenues and other funds on
hand, including reserves pledged for the payment and security of outstand-
ing revenue bonds, may be deposited in an escrow fund created for the
retirement of such bonds and may be invested and disbursed as provided in
subsection (9) hereof, to the extent consistent with the ordinances or reso-
lutions authorizing such outstanding bonds.
History: En. Sec. 2, Ch. 149, L. 1943;
amd. Sec. 1, Ch. 146, L. 1951; amd. Sec.
2, Ch. 98, L. 1955; amd. Sec. 1, Ch. 38,
L. 1957; amd. Sec. 1, Ch. 51, L. 1963.
11-2271. (5277.3) Loans from revolving fund for paying improvement
district warrants — authorization by electors. (1) Whenever any special
improvement district bond or warrant, or any interest thereon, shall be,
at the time of the passage of this act, or shall thereafter become due and
payable, and there shall then be either no money or not sufficient money in
the appropriate district fund with which to pay the same, an amount suffi-
cient to make up the deficiency may, by order of the council, be loaned by
the revolving fund to such district fund, and thereupon such bond or war-
rant or such interest thereon, or in case of such bonds or warrants due at
the time of the passage of this act, such part of the amount due on such
bond or warrant, whether it be for principal or for interest or for both as
the council may in its discretion elect or determine, shall be paid from the
money so loaned or from the money so loaned when added to such insuffi-
55
11-2275 ELECTION LAWS
cient amount, as the case may require ; provided, however, that the above
provisions of sections 11-2269, 11-2270 and 11-2271 of this code shall not ap-
ply to any district or districts heretofore created, unless and until, at an
election, either the regular annual municipal election or a special election
called by the council, a majority of the electors whose names appear as the
owners of property in the city or town on the last completed tax roll of the
county in which the city or town is situated, shall authorize the city or
town council to proceed thereunder, such election to be called and con-
ducted in the manner and under such regulations as the council may pro-
vide. At such election no person other than such qualified elector and
taxpayer shall vote on said question, and a majority of those voting thereat
shall be sufficient to determine, and shall determine, the question whether
the council be authorized or not to proceed under sections 11-2269, 11-2270
and 11-2271 of this code.
(2) In connection with any public offering of special improvement
district bonds or warrants, the city or town council may undertake and
agree to issue orders annually authorizing loans or advances from the
revolving fund to the district fund involved in amounts sufficient to make
good any deficiency in the bond and interest accounts thereof to the extent
that funds are available, and may further undertake and agree to provide
funds for such revolving fund pursuant to the provisions of section 11-2270
by annually making such tax levy (or, in lieu thereof, such loan from the
general fund) as the city or town council may so agree to and undertake,
subject to the maximum limitations imposed by said section 11-2270, which
said undertakings and agreements shall be binding upon said city or town
so long as any of said special improvement district bonds or warrants so
offered, or any interest thereon, remain unpaid.
History: En. Sec. 3, Ch. 24, L. 1929;
amd. Sec. 1, CTh, 179, L. 1945.
11-2275. Creation and maintenance of fund. A supplemental revolving
fund may be created by ordinance subject to the approval of a majority of
the qualified electors voting upon the question at a general or special elec-
tion. As used in this act "qualified electors" shall mean registered electors
whose names appear upon the last preceding assessment roll for state and
county taxes as taxpayers upon property within the municipality. The
supplemental revolving fund shall be created and maintained solely from
the net revenues of parking meters and the ordinance may pledge to said
fund all or any part of the said net revenues of parking meters which may
be then owned or leased or rented or thereafter acquired by the city or town.
Said ordinance shall contain such provisions in respect to the purchase,
control, operation, repair and maintenance of parking meters, including
rates to be charged, and the application of the net revenues therefrom and
the management and use of the supplemental revolving fund as the council
shall deem necessary.
History: En. Sec. 2, Ch. 260, L. 1947.
11-2276. Issuance of bonds — submission to electors. At any time after
the award of the contract for any of the improvements described in section
56
CITIES AND TOWNS 11-2306
11-2274 and prior to the issuance of bonds or warrants therefor under the
provisions of section 11-2231 the council may by resolution determine that
such improvement is of a character that bonds may be issued hereunder
in lieu of bonds under said section 11-2231, and may submit to the qualified
electors of the city or town the question whether such bonds shall be issued.
The proposal to issue bonds may be submitted at the same election as the
proposal to create the supplemental revolving fund and must be approved
by a majority of the qualified electors voting on the question.
History: En. Sec. 3, Ch. 260, L. 1947.
CHAPTER 23
MUNICIPAL BONDS AND INDEBTEDNESS
Section 11-2301. Creation of indebtedness — submission to taxpayers.
11-2306. Petition for election — form — proof.
11-2307. Consideration of petition — calling election.
11-2308. Notice of election — election hours — election officers.
11-2309. Form of ballots and conduct of election.
11-2310. Who are entitled to vote — registration of electors.
11-2311. Percentage of voters required to authorize the issuing of bonds.
11-2312. Canvass of election returns — resolution for bond issue.
11-2301. (5278.1) Creation of indebtedness — submission to taxpayers.
Whenever the council or commission of any city or town having a corporate
existence in this state, or hereafter organize under any of the laws thereof,
shall deem it necessary to issue bonds for any purpose whatever, under its
powers as set forth in any statute or statutes of 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 1%) less
than the interest rate of the outstanding bonds to be refunded. In order
to issue bonds to refund bonds theretofore issued and outstanding it shall
only be necessary for the council, at a regular or duly called special meet-
ing, to pass and adopt a resolution setting forth the facts with regard to the
indebtedness to be refunded, showing the reason for issuing such refunding
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 procedure in this
act for the sale and issuance of such bonds.
History: En. Sec 1, Ch. 160, L. 1931; 1937; amd. Sec. 1, Ch. 15, L. 1943; amd.
amd. Sec 1, Oh. 100, L. 1933; amd. Sec. 1, Sec. 1, Ch. 62, L. 1946.
Oh. 12, L. 1937; amd. Sec. 1, Ch. 108, L.
11-2306. (5278.6) Petition for election — form — proof. No bonds shall
be issued by a city or town for any purpose, except to fund or refund war-
rants or bonds issued prior to and outstanding on July first, 1942, as author-
ized in section 11-2301, unless authorized at a duly called special or general
election at which the question of issuing such bonds was submitted to the
57
11-2307 ELECTION LAWS
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 ques-
tion submitted, signed by not less than twenty per centum (20%) of the
qualified electors of the city or town who are taxpayers upon property with-
in such city or town and whose names appear on the last completed assess-
ment roll for state and county taxes, as taxpayers within such city or town.
Every petition for the calling of an election to vote upon the question of
issuing bonds shall plainly and clearly state the purpose or purposes for
which it is proposed to issue such bonds, and shall contain an estimate of
the amount necessary to be issued for such purpose or purposes. There may
be a separate petition for each purpose, or two (2) or more purposes may
be combined in one (1) petition, if each 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 delivered to the city or town clerk,
as hereinafter provided. The petition shall give the street and house num-
ber, if any, and the voting precinct of each person signing the same.
Only persons who are qualified to sign such petitions shall be qualified
to circulate the same, and there shall be attached to the completed petition
the aflfidavit 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 city or town clerk who shall, within fifteen
(15) days thereafter, carefully examine the same and the county records
showing the qualifications of the petitioners, and attach thereto a certificate,
under his oflBcial 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 required of signers
to such petition.
(3) Whether such qualified signers constitute more or less than twenty
per centum (20%) of the registered electors Avhose names appear upon the
last completed assessment roll for state and county taxes, as taxpayers with-
in such city or town.
History: En. Sec. 6, Oh. 160, L. 1981; amd. S«c. 2, Oh. 108, L. 1937; amd. Sec. 2,
Oh. 16, L. 1943.
11-2307. (5278.7) Consideration of petition — calling election. When
such petition has been filed with the city or town clerk and he has found it
has a sufficient number of signers qualified to sign the same, he shall place
the same before the city or town council at its first meeting 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,
58
CITIES AND TOWNS 11-2309
the council shall pass and adopt a resolution which shall recite the essen-
tial facts in regard to the petition and its filing and presentation, the pur-
pose 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 11-2303, and making provi-
sion for having such question submitted to the qualified electors of the
city or town at the next general city or town election, or at a special
election which the council may call for such purpose.
History: En. Sec. 7, Cb. 160, L. 1931.
11-2308. (5278.8) Notice of election — election hours — election officers.
•Whether such election is held at the general city or town election, or at a
special election, separate notice shall be given thereof. Such notice shall
state the date when such election will be held, the hours between which the
polls will be open, the amount of bonds proposed to be issued, the purpose
thereof, the term of years through which the bonds will be paid, and such
other information regarding the election and the proposed bonds as the
board may deem proper. If the bonds proposed to be issued are for two
(2) or more purposes, each purpose and the amount thereof must be sep-
arately 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 immediately preceding the date for hold-
ing such election in some newspaper published in the city or town, if
there be one, and if not then in a newspaper published in the state at a
point in the state nearest to the city or town, and designated by the city
or town council.
If the question of issuing bonds is submitted at a special election called
for such purpose, the city or town council shall fix the hours through
which the polls are to be kept open, which shall be not less than eight (8),
and which must be stated in the notice of election, and may appoint a
smaller number of judges than is required at a general city or town elec-
tion, 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 elec-
tion shall act as the judges and clerks thereof.
History: En. Sec. 8, Ch. 160, L. 1931.
11-2309. (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 there-
on, and shall have printed thereon in fair-sized, legible type and black ink,
59
11-2310 ELECTION LAWS
in one (1) line or more, as required, the word "FOR" (stating the propo-
sition and the terms thereof explicitly and at length), and thereunder the
word "AGAINST" (stating the proposition and terms in like manner as
above) ; and there shall be before the word "FOR" and before the word
"AGAINST," each, a square space of sufficient size to place a plain cross or
X therein, and such arrangement shall be in the following manner :
□ FOR (stating the proposition)
n AGAINST (stating the proposition)
If bonds are sought to be issued for two (2) or more separate purposes,
then separate ballots must be provided for each purpose or proposition.
The election shall be conducted, and the returns made, in the same
manner as other city or town elections; and all election laws 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. Returns must be made separately
for each proposition or question submitted at such election.
History: En. Sec. 9, Ch. 160, I*. 1931.
11-2310. (5278.10) Who are entitled to vote — registration of electors.
Only such registered electors of the city or town whose names appear upon
the last preceding assessment roll for state and county taxes, as taxpayers
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 pre-
cinct registers for such election as provided in section 23-515 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 neces-
sary to publish or post such lists of qualified electors.
History: En. Sec. 10, Ch. 160, L. 1931;
amd. Sec. 1, Ch. 182, L. 1939; amd. Sec.
17, Ch. 64, L. 1959.
11-2311. (5278.11) Percentagfe of voters required to authorize the issu-
ing of bonds. Wherever the question of issuing bonds for any purpose is
60
CITIES AND TOWNS 11-2404
submitted to the qualified electors of a city or town, at either a general or
special election, not less than forty per centum (40%) of the qualified elec-
tors 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.
History: En. Sec. 11, Oh. 160, L. 1931.
11-2312. (5278.12) Cajivass 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 coun-
cil 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 on such question or proposition voted thereon,
and that a majority of such votes were cast in favor of the issuing of
such bonds, the city or town council shall, at a regular or special meeting
held within thirty (30) days thereafter, pass and adopt a resolution pro-
viding for the issuance of such bonds. Such resolution shall recite the
purpose for Avhich 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, and that any
thereof may be redeemed in full, at the option of the city or town, on any
interest payment date from and after ten (10) years from the date of
issue ; and provide for the manner of the execution of the same. It shall
provide that preference shall be given amortization bonds but shall fix
the denomination of serial bonds in case it shall be found advantageous
to issue bonds in that form, and shall adopt a form of notice of the sale
of the bonds.
The board may, in its discretion, provide that such bonds may be issued
and sold in two (2) or more series or installments.
History: En. Sec. 12, Oh. 160, L. 1931.
CHAPTER 24
MUNICIPAL BEVENTJE BOND ACT OP 1939
Section 11-2404. Authorization of undertaking— form and contents of bonds.
11-2404. Authorization of undertaking— form and contents of bonds.
The acquisition, purchase, construction, reconstruction, improvement, bet-
terment or extension of any undertaking may be authorized under this
chapter, and bonds may be authorized to be issued under this chapter by
resolution or resolutions of the governing body of the municipality, when
authorized by a majority of the taxpayers voting upon such question at
a special election noticed and conducted as provided in sections 11-2308
61
11-2404 ELECTION LAWS
to 11-2310, inclusive, and said special election shall be held not later than
the next municipal election held after the council or governing body of
the municipality has by resolution or resolutions approved the acquisition,
purchase, construction, reconstruction, improvement, betterment or ex-
tension of any undertaking as in this chapter provided and ordered said
special election; provided, that the issuance of refunding revenue bonds
may be authorized by resolution or resolutions of the governing body of
the municipality without an election.
Said bonds shall bear interest at such rate or rates not exceeding six
per centum (6%) per annum, payable semiannually, may be in one or
more series, may bear such date or dates, may mature at such time or
times not exceeding forty (40) years from their respective dates, may
be payable in such place or places, may carry such registration privileges,
may be subject to such terms of redemption, may be executed in such
manner, may contain such terms, covenants and conditions, and may be
in such form, either coupon or registered, as such resolution or subsequent
resolutions may provide. Said bonds shall be sold at not less than par.
Said bonds may be sold at private sale to the United States of America
or any agency, instrumentality or corporation thereof. Unless sold to the
United States of America or agency, instrumentality or corporation thereof,
said bonds shall be sold at public sale after notice of such sale published
once at least five (5) days prior to such sale in a newspaper circulating in
the municipality and in a financial newspaper published in the city of New
York, New York, or the city of Chicago, Illinois, or the city of San Fran-
cisco, California, except that, in the event the bond issue is in an amount of
less than one hundred fifty thousand dollars ($150,000), the bond issue shall
be advertised at least five (5) days prior to such sale in daily newspapers
circulating in Montana cities of 10,000 population or over, in lieu of ad-
vertising in a financial newspaper in New York, Chicago, or San Francisco,
and also in a newspaper as specified in section 16-1201 if that newspaper
is different from the daily newspapers circulating in Montana cities of
10,000 population or over. Pending the preparation of the definitive bonds,
interim receipts or certificates in such form and with such provisions as the
governing body may determine may be issued to the purchaser or purchasers
of bonds sold pursuant to this chapter. Said bonds and interim receipts or
certificates shall be fully negotiable, as provided by the Uniform Commercial
Code — Investment Securities.
History: En. Sec. 4, Ch. 126, L. 1939; Compiler's Notes
amd. Sec. 2, Ch. 145, L. 1951; amd. Sec. Section 16-1201, referred to in the sec-
2, Ch. 38, Ii. 1957; amd. Sec. 1, Ch. 52, oj^j paragraph of this section, has been
Ii. 1963; amd. Sec. 11-106, Ch, 264, L. repealed. For similar provisions in cur-
1963. rent law, see sec. 16-1230.
CHAPTER 25
ABATEMENT OP SMOKE NUISANCE
Section 11-2504. Bonds.
11-2505. Election.
11-2506. Notice of election.
11-E511. Proviaions concerning election.
62
CITIES AND TOWNS 11-2506
11-2504. (5292) Bonds. For the purpose of raising moneys to meet the
payments under the terms and conditions of said contract, and other neces-
sary and proper expenses in and about the same, and the approval or dis-
approval thereof, it shall be the duty of the board of county commissioners,
if the petition be presented to it within thirty days thereafter, to ascertain
the existing indebtedness of the county in the aggregate, and within sixty
days after ascertaining the same to submit to the electors of such county
the proposition to approve or disapprove the said contract, and the issuance
of bonds necessary to carry out the same, which shall not exceed five per
centum of the value of the taxable property therein, inclusive of the exist-
ing indebtedness thereof, to be ascertained by the last assessment for state
and county taxes previous to the issuance of said bonds and incurring said
indebtedness; and if said petition be presented to the council of any in-
corporated city or town, then within thirty days thereafter they shall
ascertain the aggregate indebtedness of such city or town, and, within
sixty days after ascertaining the same, submit to the electors of such city
or town the proposition to approve or disapprove said contract, and the
issuance of bonds necessary to carry out the same, which shall not exceed
three per centum of the value of the taxable property therein, inclusive of
the existing indebtedness thereof, to be ascertained in the manner herein-
before 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.
History: Bn. Sec. 4, p. 143, L. 189d; 8433, Rev. 0. 1907; re-en. Sec. 6292, B. C.
re-en. Sec. 4834, Pol. C. 1895; re-eii. Sec. M. 1921.
11-2505. (5293) Election. The vote upon such proposition shall be had
at an election for that purpose to be held, conducted, counted, and results
ascertained and determined in the manner and by the same officers provided
by law for general elections, except as otherwise herein provided, and the
proposition to be submitted shall be upon printed tickets or ballots, upon
each of which shall be printed the following : "For the contract and bonds,"
"Against the contract and bonds," the former above the latter, and the
elector shall indicate his vote by a cross opposite the one or the other for
which he votes; and if it appears from the result of such election that a
majority of the votes cast were "For the contract and bonds," then said
contract shall be in full force and effect, and the said bonds shall be issued
and disposed of in the manner hereinafter provided. If it shall appear from
the result of such election that there was a tie, or a majority of said votes
were cast "Against the contract and bonds," then the said contract and
bond given for its fulfilment shall be null and void and of no effect, and
said bonds and none thereof shall be issued.
History: En. Sec. 6, p. 144, L. 1893; 3434, Rev. C. 1907; re-en. Sec. 5293, R. 0.
re-en. Sec. 4835, FoL C. 1895; re-en. Sec. M. 1921.
11-2506. (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 incor-.
porated 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
63
11-2511 ELECTION LAWS
conditions of the contract as in their judgment are proper and necessary
to enatle the electors to vote intelligently upon the proposition submitted
to them, the amount of bonds proposed to be issued, when payable, and
the interest they are to bear, with a description of the tickets or ballots
to be used, in some newspaper printed and published 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 cir-
culated therein, then in some newspaper printed and published in some
county nearest thereto.
History: En. Sec. 6, p. 144, L. 1893; 3435, R©v. C. 1907; re-en. Sec. 6294, R. C.
re-en. Sec. 4836, Pol. O. 1895; re-€n. Sec. M. 1921.
11-2511. (5299) Provisions concerning election. No registration under
the election laws of this state shall be required for the purposes of the elec-
tion herein provided for, and the registration had at the last election pre-
ceding the same shall govern and control as if especially had and done for
the purposes of the election to be held under this act.
History: En. Sec. 11, p. 146, L. 1893; 3440, Eev. C. 1907; re-en. Sec. 6299, E. 0.
re-en. Sec. 4841, PoL C. 1895; re-en. Sec. M. 1921.
CHAPTER 31
COMMISSION FOEM OF GOVERNMENT
Section 11-3101. Any city may reorganize under commission form.
11-3102. Submission to electors — petition and order of election.
11-3103. Proclamation of election.
11-3104. Ballots— form.
11-3105. Certificate of result of election — no further election for two years.
11-3106. Calling of election to elect city officers.
11-3107. Manner of conducting election — canvassing votes.
11-3108. Laws governing city — ordinances — territorial limits and property.
11-3109. Number of councilmen — vacancies, how filled.
11-3110. Beginning of term of office.
11-3111. Tenure of office — expiration of term.
11-3112. Nomination of candidates — primary election.
11-3113. Receipt of majority of all votes cast at primary election elects candi-
date and dispenses with general election, when.
11-3114. Penalty for working for candidate.
11-3115. Fees for filing for office.
11-3116. Bribery — false answers concerning qualifications of elector — voting by
disqualified person.
11-3126. Ordinances and franchises — how adopted or granted.
11-3127. Officers not to be interested in contracts, receive passes, or do elec-
tioneering.
11-3128. Civil service.
11-3132. Recall of elective officers.
11-3133. Ordinance — how submitted — petition and election.
11-3134. Taking effect and suspension of ordinances.
11-3135. Abandonment of commission form.
11-3136. Requirements of petitions.
11-3137. Effect of act upon existing laws.
11-3101. (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.
History: En. Sec. 1, Ch. 57, L. 1»11;
re-en. S«:. 5366, B. 0. M. 1921.
64
CITIES AND TOWNS 11-3105
11-3102. (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 reorganiza-
tion 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 quali-
fied 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.
History: En. 8«c. 2, Oh. 67, L. 1911;
amd. Sec. 1, Ch. 2, L. 1915; re-en. Sec.
5367, R. 0. M. 1921.
11-3103. (5368) Proclamation of election. Upon the city council order-
ing such special election to be held, the mayor of such city shall issue a
proclamation setting forth the purpose for which such special election is
called, and the date of holding such special election, which proclamation
shall be published for ten consecutive days in each daily newspaper pub-
lished in said city, if there be such, otherwise once a week for two consecu-
tive weeks in each weekly newspaper published therein, and such proclama-
tion shall also be posted in at least five public places within such city.
History: En. Sec. 3, Ob. 57, L. 1911;
re-en. Sec. 5368, B. O. M. 1921.
11-3104. (5369) Ballots — form. At such election the ballots to be used
shall be printed upon plain, white paper, and shall be headed "Special elec-
tion 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 substan-
tially in the following form :.
For reorganization of the city of under chapter
(name of chapter containing this act) of the act of the twelfth legislative
assembly.
Against reorganization of the city of under chapter
(name of chapter containing this act) of the acts of the twelfth legislative
assembly.
Such election shall be conducted and vote canvassed and result declared
in the same manner as provided by law in respect to other city elections.
History: En. Sec. 4, Oil. 57, L. 19U;
re-en. Sec. 5369, E. O. M. 1921.
11-3105. (5370) Certificate of result of election— no further election for
two years. 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.
65
11-3106 ELECTION LAWS
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.
History: En. Sec. 6, Oh. 67, L. 1911;
re-en. S«c. 6370, B. 0. M. 1921.
11-3106. (5371) Calling of election to elect city ofllcerfl. If a majority
of the votes cast at such election shall be in favor of such proposition, the
city council must, at its first regular meeting held thereafter, order a special
election to be held for the purpose of electing a mayor and the number of
councilmen to which such city shall be entitled, which order shall specify
the time of holding such election, which must be within ninety days after
the making of said order, and the mayor shall thereupon issue a proclama-
tion setting forth the purposes for which such special election is called and
the day of holding the same, which proclamation shall be published for ten
successive days in each daily newspaper published in such city, if there
be such, otherwise once a week for two consecutive weeks in each weekly
newspaper published therein, and a copy thereof shall also be posted at each
voting place within said city, and also in at least ten of the most public
places in said city.
History: En. Bee. 6, Oh. 67, L. 1911;
amt. Sec. 2, Oh. 2, L. 1916; re-en. Sec.
6371, K. 0. M. 1921.
11-3107. (5372) Manner of conducting election — canvassing vot«s.
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.
History: En. Sec. 7, Oh. 67, L. 1911;
re-en. Sec. 6372, E. 0. M. 1921.
11-3108. (5373) Laws governing city — ordinances — ^territorial limita
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 this act. The territorial limits of such city
shall remain the same as under the former organization, and all rights and
property of every description, which were vested in any such city under its
former organization, shall vest in the same under the organization herein
contemplated, and no right or liability either in favor of or against it,
existing at the time, and no suit or prosecution of any kind shall be af-
fected by such change, unless otherwise provided for in this act.
History: En. Sec. 8, Oh, 57, L. 1911;
re-en. Sec. 5373, E. 0. M. 1921.
11-3109. (5374) Number of councilmen — vacancies, how filled. In
every city of the third class, there shall be a mayor and two councilmen ; in
every city of the second class, a mayor and two councilmen ; in every city
of the first class having a population of less than twenty-five thousand
(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
66
CITIES AND TOWNS 11-3111
mayor and four (4) councilmen, and the mayor and all councilmen shall be
elected at large.
Vacancies in the ofifice of mayor or councilmen shall be filled by appoint-
ment 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 successor is elected and quali-
fied. A person elected to fill a vacancy shall hold office until the expiration
of the term for which the person he succeeds was elected.
History: En. Sec. 9, Cli. 67, L. 1911;
re-«n. Sec. 6370, B. C. M. 1921; amd. Sec.
1, Oh. 18, L. 1946.
11-3110. (5375) Begfinning of term of oflBce. The mayor and council-
men 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 pro-
vided, shall cease and determine as soon as the council shall by resolution
declare.
History: En. Sec. 10, Oh. 67, L. 1911;
re-en. Sec. 6376, B. 0. M. 1921.
11-3111. (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 councilmen shall be elected in cities having a population
of twenty-five thousand or more ; and the mayor elected at such first
general city election shall hold office for two years. Two of the council-
men 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 elec-
tion shall hold office for two years, beginning with the first Monday in
May of that year ; and the terms of office of the mayor and all councilmen
thereafter elected shall be two years.
The councilmen elected at the first general city election shall decide
by lot in such manner as they may select, which thereof shall hold the office
of councilman the term of which expires one year thereafter, and which
67
11-3112 ELECTION LAWS
thereof shall hold the office of councilman, the term of which expires two
years thereafter.
History: En. Sec. 11, Oh. 57, L. 1911;
re-en. Sec. 6376, B. C. M. 1921.
11-3112. (5377) Nomination of candidates — primary election. (1)
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 pre-
scribed. The primary election for such nominations shall be held on the
second Monday preceding the municipal election. The judges of election
appointed for the municipal election shall be the judges of the primary
election, and it shall be held at the same places, as far as possible, and the
polls shall be opened and closed at the same hours, with the same clerks as
are required for said general municipal election.
(2) Any qualified elector of said city who is the owner of any real
estate situated therein, desiring to become a candidate for mayor or coun-
cilman, 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, ]
}-ss.
County of J
I, , being first duly
sworn, say that I reside at street,
city of , county of
state of Montana; that I am a qualified voter therein; that I am a candi-
date for nomination to the office^ of (mayor or councilman) to be voted
upon at the primary election to be held on the Monday of ,
19 , and I hereby request that my name be printed upon the official
primary ballot for nomination by such primary election for such office.
(Signed)
Subscribed and sworn to (or affirmed) before me by
on this day of , 19
(Signed)
and shall at the same time file therewith the petition of at least twenty-five
qualified voters requesting such candidacy. Each petition shall be verified
by one or more persons as to qualifications and residence, with street num-
ber, of each of the persons so signing the said petition, and the said petition
shall be in substantially the following form :
(3) 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
68
CITIES AND TOWNS 11-3112
, 19 We further state that we know him to be a
qualified elector of said city and a man of {3:ood moral character, and
qualified, in our judgment, for the duties of such office.
Names of qualifying electors. Number. Street.
(4) Each signer of a nomination paper shall sign but one such nomina-
tion 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.
(5) Immediately upon the expiration of the time of filing the state-
ments and petitions for candidates, the said city clerk shall cause to be pub-
lished for three consecutive days in all the daily newspapers published in
the city, in proper form, the names of the persons as they are to appear
upon the primary ballots, and if there be no daily newspaper, then in two
issues of any other newspapers that may be published in said city ; and
the said clerk shall thereupon cause the primary ballots to be printed,
authenticated with a facsimile of his signature. Upon the said ballot 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 alpha-
betical 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 ballot 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 preced-
ing the names of the parties you favor as candidates for the respective
positions).
OflScial 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.
69
11-3112 ELECTION LAWS
(6) Having caused said ballots to be printed, the said city clerk shall
cause to be delivered at each polling place a number of said ballots equal
to twice the number of such voters registered in such polling place at the
last general municipal election. The persons who are qualified to vote
at the general election shall be qualified to vote at such primary election
and any person offering to vote may be orally challenged by any elector
of the city upon any or all of the grounds set forth and specified in section
23-1220 of these codes, and the provisions of sections 23-1221 to 23-1228,
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 councilman, and make return thereof
to the city clerk upon the proper blanks to be furnished by the city clerk
within six hours of the 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.
(7) If a mayor is to be elected at such municipal election, the two per-
sons reciving the highest number of votes shall be the candidates for mayor.
If one councilman is to be elected at such municipal election, the two per-
sons receiving the highest number of votes shall be the candidates for coun-
cilmen. If two councilmen are to be elected at such general municipal elec-
tion, the four persons receiving the highest number of votes shall be the
candidates for councilmen, and if three councilmen are to be elected at such
municipal election, the six persons 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.
(8) All electors of cities under this act, who, by ordinances governing
cities incorporated under the general municipal incorporation law, or by
charter, would be entitled to vote for the election of oflScers 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 elec-
tion 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 elec-
tion of officers in such cities so far as the same are applicable and not in-
consistent with the provisions of this act.
(9) 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
oflBce 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
70
CITIES AND TOWNS 11-3116
county in which such city is situated, and filed with the clerk and recorder
of the county in which such city is situated.
History: En. Sec. 12, Oh. 57, L. 1911; the bonds of mayor and councilmen at
re-en. Sec. 6377, B. C. M. 1921. $10,000.00 is superseded by Sec. 1, Ch. 9,
NOTE.— Par, 9 of this section fixing Laws 1943 (11-3124) fixing them at $5,000.
11-3113. (5377.1) Receipt of majority of all votes cast at primary
election elects candidate and dispenses with general election, when.
Whenever, in any city operating under a commission form of government,
at a primary election held in accordance with section 11-3112, a councilman
or councilmen or a mayor and councilman or councilmen are to be elected,
one person or candidate for any office to be filled shall receive a majority of
all votes cast for such office, then such person or persons shall be deemed
duly elected to the respective office or offices for which he or they receive
such majority vote. If at such primary election more than two (2) persons
are candidates for the same office and no one person receives a majority of
all votes cast for such office then the names of the two persons receiving
the highest number of votes shall be placed upon the general municipal
election ballot under the provisions of section 11-3112. 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.
History: En. Sec. 1, Oh. IS, L. 1933.
11-3114. (5378) Penalty for working for candidate. Any person who
shall agree to perform any services in the interest of any candidate for any
office provided in this act, in consideration of any money or other valuable
thing for such services performed in the interest of any candidate, shall
be punished by a fine not exceeding three hundred dollars or be impris-
oned in the county jail not exceeding thirty days.
History: En. Sec. 13, Ch. 57, L. 1911;
re-en. Sec. 5378, R. C. M. 1921.
11-3115. (5378.1) Fees for filing for office. Every candidate for mayor
and every candidate for councilman in cities operating under the commis-
sion form of government shall, at the time of filing his nominating petition
pay the following fees to the city clerk as filing fee : A candidate for mayor
shall pay twenty dollars ($20.00), and a candidate for councilman shall pay
fifteen dollars ($15.00).
History: En. Sec. 1, Oh. 137, L. 1933.
11-3116. (5379) Bribery — false answers concerning qualiflcations of
elector — voting by disqualified person. Any person offering to give a bribe,
either in money or other consideration, to any elector, for the purpose of
influencing his vote at any election provided in this act, or any elector en-
titled to vote at any such election receiving and accepting such bribe or
other consideration; any person who agrees, by promise or written state-
ment, 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 pro-
visions of this act relative to his qualifications to vote at such election ; any
71
11-3126 ELECTION LAWS
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 of-
fers to vote ; any person knowingly procuring, aiding, or abetting any vio-
lation hereof, shall be deemed guilty of a misdemeanor, and, upon convic-
tion, shall be fined in a sum not less than one hundred dollars nor more than
five hundred dollars; and be imprisoned in the county jail not less than
ten nor more than ninety days.
History: En. Sec. 14, Oh. 57, L. 1911;
re-eai. Sec. 5379, E. C. M. 1921.
11-3126. (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 con-
tract, or granting any franchise or right to occupy or use the streets,
highways, bridges, or public places in the city for any purpose, shall be
complete in the form in which it is finally passed, and remain on file
with the city clerk for public inspection at least one week before the
final passage or adoption thereof. No franchise or right to occupy or use
the streets, highways, bridges, or public places in any 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 extension of any such franchise
or grant within such city, must be authorized or approved by a majority
of the electors voting thereon at a general or special election, as provided
in sections 11-1207, 11-1208 and 11-1209 of this code.
History: En. Sec. 23, Oh. 57, L. 1911;
re-en. Sec. 5388, £. C. M. 1921.
11-3127. (5389) OflScers not to be interested in coaitracts, receive
passes, or do electioneering. No officer or employee elected or appointed in
any such city shall be interested, directly or indirectly, in any contract or
job for work or materials, or the profits thereof, or materials, supplies, or
services to be furnished or performed for the city; and no such officer or
employee shall be interested, directly or indirectly, in any contract or job
for work or materials, or the profits thereof, or services to be furnished or
performed for any person, firm, or corporation operating interurban rail-
way, street railway, gas-works, water-works, electric light or power plant,
heating plant, telegraph line, telephone exchange, or other public utility
within the territorial limits of said city. No such officer or employee shall
accept or receive, directly or indirectly, from any person, firm, or corpora-
tion operating within the territorial limits of said city, any interurban rail-
way, street railway, gas-works, water-works, electric light or power plant,
heating plant, telegraph line, or telephone exchange, or other business using
or operating under a public franchise, any frank, free pass, free ticket, or
free service, or accept or receive, directly or indirectly, from any such per-
son, firm, or corporation, any other service upon terms more favorable than
is granted to the public generally. Any violation of the provisions of this
72
CITIES AND TOWNS 11-3128
section shall be a misdemeanor, and every such contract and agreement
shall be void.
Such prohibition of free transportation shall not apply to policemen or
firemen in uniform; nor shall any free service to the city officials here-
tofore provided by any franchise or ordinance be affected by this section.
Any officer or employee of such city who, by solicitation or otherwise, shall
exert his influence, directly or indirectly, to influence other officers or
employees of such city to adopt his political views, or to favor any par-
ticular person or candidate for office, or who shall in any manner con-
tribute money, labor, or other valuable thing to any person for election
purposes, shall be guilty of a misdemeanor, and, upon conviction, shall be
punished by a fine not exceeding three hundred dollars, or by imprison-
ment in the county jail not exceeding thirty days.
History: En. Sec. 24, Ch, 57, L. 1911;
re-«n. Sec. 5389, IL C. M. 1921.
11-3128. (5390) Civil service. (1) Immediately after organizing, the
council shall, by ordinance, appoint three civil service commissioners, who
shall hold office, one until the first Monday in April in the second year, one
until the first Monday in April of the fourth year, and one until the first
Monday in April of the sixth year after his appointment. Each succeeding
council shall, as soon as practicable after organizing, appoint one commis-
sioner for six years, who shall take the place of a commissioner whose term
of office expires. The chairman of the commission for each biennial period
shall be the member whose term first expires. No person while on the said
commission shall hold or be a candidate for any office of public trust. Two
of said members shall constitute a quorum to transact business. The com-
missioners must be citizens of Montana and residents of the city for more
than three years next preceding their appointment.
(2) The council may remove any of said commissioners during their
term of office for cause, a majority of councilmen voting in favor of such
removal, and shall fill any vacancy that shall occur in said commission
for the unexpired term. The city council shall provide suitable rooms in
which the said civil service commission shall hold its meetings; it shall
have a clerk, who shall keep a record of all its meetings, such city to
supply the said commission with all necessary equipment to properly attend
to such business,
(3) Before entering upon the duties of his office, each of said commis-
sioners shall take and subscribe an oath, which shall be filed and kept in the
office of the city clerk, to support the constitution of the United States
and of the state of Montana, and to obey the laws, and to aid to secure
and maintain an honest and efficient force, free from partisan distinction
or control, and to perform the duties of his office to the best of his ability.
(4) Said commission shall, on the first Monday of April and October of
each year, or oftener if it shall be deemed necessary, under such rules
and regulations as may be prescribed by the council, hold examinations
for the purpose of determining the qualifications of applicants for posi-
tions, which examination shall be practical, and shall fairly test the
73
11-3128 ELECTION LAWS
fitness of the persons examined to discharge the duties of the position to
which they seek to be appointed. Such commission shall, as soon as
possible after such examination, certify to the council double the num-
ber of persons necessary to fill vacancies, who, according to the records,
have the highest standing for the position they seek to fill as a result of
such examination, and all vacancies which occur that come under the civil
service, prior to the date of the next regular examination, shall be filled
from said list so certified; provided, however, that should the list for any
cause be reduced to less than three for any division, then the council or
the head of the proper department may temporarily fill a vacancy, but
not to exceed thirty days.
(5) All persons subject to such civil service examination shall be sub-
ject to removal from office or employment by the council for misconduct or
failure to perform their duties under such rules and regulations as it may
adopt, and the chief of police, chief of the fire department, or any super-
intendent or foreman in charge of municipal work, may peremptorily sus-
pend or discharge any subordinate then under his direction for neglect of
duty or disobedience of his orders, but shall, within twenty-four hours
thereafter, report such suspension or discharge, and the reason therefor, to
the superintendent of his department, who shall thereupon affirm or revoke
such discharge or suspension, according to the facts. Such employee (or
the officer discharging or suspending him) may, within five days of such
ruling, appeal therefrom to the council, which shall fully hear and deter-
mine the matter.
(6) The council shall have the power to enforce the attendance of wit-
nesses, the production of books and papers, and power to administer
oaths in the same manner and with like effect, and under the same pen-
alties, as in the case of magistrates exercising criminal or civil jurisdiction
under the statutes of Montana.
(7) Said commissioners shall make an annual report to the council, and
it may require a special report from said commissioners at any time ; and
said council may prescribe such rules and regulations for the proper con-
duct of the business of the said commission as shall be found expedient
and advisable, including restrictions on appointment, promotions, removals
for cause, roster of employees, certificates of records to the auditors, and
restrictions on payment to persons improperly employed.
(8) The council of such city shall have power to pass ordinances im-
posing suitable penalties for the punishment of persons violating any of the
provisions of this act relating to the civil service commission.
(9) The provisions of this section shall apply to all appointive officers
and employees of such city, except those especially named in section 11-3121
of this code, commissioners of any kind, laborers whose occupation requires
no special skill or fitness, election officials, and mayor's secretary and as-
sistant attorney, where such officers are appointed.
(10) All officers and employees in any said city shall be elected or ap-
pointed with reference to their qualifications and fitness, and for the good
of the public service, and without reference to their political faith or party
affiliations.
74
CITIES AND TOWNS 11-3132
(11) It shall be unlawful for any candidate for office in any such city,
directly or indirectly, to give or promise any person or persons any office,
position, employment, benefit, or anything of value for the purpose of in-
fluencing or obtaining the political support, aid, or vote of any person or
persons.
(12) Every elective officer in any such city shall, within thirty days
after qualifying, file with the city clerk, and publish at least once in the
daily newspaper of general circulation, or weekly, if there be no daily news-
paper published, his sworn statement of all his election and campaign ex-
penses, and by whom such funds were contributed.
Any violation of the provisions of this section shall be a misdemeanor,
and give ground for the removal from office.
History: En, Sec. 25, Ch. 57, L. 1911;
re-en. Sec. 5390, B. 0. M. 1921.
11-3132. (5394) Recall of elective officers. (1) The holder of any
elective office may be removed at any time by the electors qualified to vote
for a successor of such incumbent. The procedure to effect the removal of
an incumbent of an elective office shall be as follows : A petition signed by
twenty-five per cent of all qualified electors registered for the last preced-
ing 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 pur-
ports to be.
(2) Within ten days from the date of filing such petition the city clerk
shall examine, and from the voters' register ascertain whether or not sai^
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 ex-
amination. If, by the clerk's certificate, the petition is shown to be insuffi-
cient, it may be amended within ten days from the date of said certificate.
The clerk shall, within ten days after such amendment, make like ex-
amination 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 cer-
tificate to the council that a sufficient petition is filed.
(3) The council shall make, or cause to be made, publication of notice
and all arrangements for holding such election, and the same shall be con-
75
11-3133 ELECTION LAWS
ducted, returned, and the result thereof declared, in all respects as are
other elections.
(4) As far as applicable, except as otherwise herein provided, nomina-
tions hereunder shall be made without the intervention of a primary elec-
tion by filing with the clerk, at least ten days prior to said special election, a
statement of candidacy accompanied by a petition signed by electors
entitled to a vote at said special election, equal in number to at least ten
per cent of the entire number of persons registered to vote at the last
preceding general municipal election, which said statement of candidacy
and petition shall be substantially in the form set out in section 11-3112 of
this code, so far as the same is applicable, substituting the word "special"
for the word "primary" in such statement and petition, and stating therein
that such person is a candidate for election instead of nomination.
(5) The ballot for such special election shall be in substantially the fol-
lowing form:
Official Ballot.
Special election for the balance of the unexpired term of
as for
(Vote for one only.)
(Name of candidates.)
Name of present incumbent.
Official ballot attest.
(Signature) ,
City Clerk.
(6) The successor of any officer so removed shall hold office during the
unexpired term of his predecessor. Any person sought to be removed may
be a candidate to succeed himself, and unless he requests otherwise in
writing, the clerk shall place his name on the official ballot without nomi-
nation. 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 in-
cumbent 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 in-
cumbent receive the highest number of votes, he shall continue in office.
The said method of removal shall be cumulative, and additional to the
methods heretofore provided by law.
History: En. Sec. 29, Ch. 57, L. 1911;
amd. Sec. 3, Ch. 2, L. 1916; re-em. Sec.
5394, B. C. M 1921.
11-3133. (5395) Ordinance — how submitted — petition and election.
Any proposed ordinance may be submitted to the council by petition signed
by electors of the city equal in number to the percentage hereinafter re-
quired. The signature, verification, inspection, certification, amendment,
and submission of such petition shall be the same as provided for petition
under the preceding section. If the petition accompanying the proposed
76
CITIES AND TOWNS 11-3134
ordinance be si^ed by electors equal in number to twenty-five per centum
of the entire number of persons registered to vote at the last preceding gen-
eral 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 accompany-
ing such ordinance his certificate of sufficiency, the council shall call a
special election, unless a general municipal election is fixed by law within
thirty days thereafter, and at such special or general municipal election,
if one is so fixed, such ordinance shall be submitted to the vote of the
electors of such city.
But if the petition is signed by not less than ten nor more than twenty-
five per centum of the electors, as above defined, then the council shall,
within twenty days, pass said ordinance without change, or submit the
same at the next general city election occurring after the clerk's certifi-
cate of sufficiency is attached to said petition.
The ballots used when voting upon said ordinance shall contain these
words: "For the ordinance" (stating the nature of the proposed ordinance),
and "Against the ordinance" (stating the nature of the proposed ordinance).
If a majority of the qualified electors voting on the proposed ordinance shall
vote in favor thereof, such ordinance shall thereupon become a valid and
binding ordinance of the city; and any ordinance proposed by the petition
of which shall be adopted by a vote of the people cannot be repealed or
amended except by a vote of the people.
Any number of proposed ordinances may be voted upon at the same
election, in accordance with the provisions of this section; but there shall
not be more than one special election in any period of six months for such
purposes.
The council may submit a proposition for the repeal of any such ordi-
nance, or for amendments thereto, to be voted upon at any succeeding
general city election; and should such proposition so submitted receive a
majority of the votes cast thereon at such election, such ordinance shall
thereby be repealed or amended accordingly. Whenever any ordinance or
proposition is required by this act to be submitted to the voters of the city
at any election, the city clerk shall cause such ordinance or proposition to
be published once in each of the daily newspapers published in such city,
and if there be none, then one time in each weekly newspaper published
therein ; such publication to be not more than twenty nor less than five days
before the submission of such proposition or ordinance to be voted on.
History: En. Sec 30, Oh. 67, L. 1911;
re-«n. Sec. 6396, B. 0. M. 1921.
11-3134. (5396) Taking effect and suspension of ordinances. No ordi-
nance 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,
77
11-3135 ELECTION LAWS
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 per-
sons registered to vote at the last preceding general municipal election, pro-
testing against the passage of such ordinance, be presented to the council,
the same shall thereupon be suspended from going into operation, and it
shall be the duty of the council to reconsider such ordinance; and if the
same is not entirely repealed, the council shall submit the ordinance, as is
provided by subdivision (b) of the preceding section, to the vote of the
electors of the city, either at a general election or at a special municipal
election to be called for that purpose ; and such ordinance shall not go into
effect or become operative unless a majority of the qualified electors voting
on the same shall vote in favor thereof. Said petition shall be in all re-
spects in accordance with the provisions of the preceding section, except as
to the percentage of signers, and be examined and certified to by the clerk
in all respects as therein provided.
History: En. Sac. 31, Oli. 57, L. 1911;
re-en. Sec. 6S96, B. 0. li. 192L
11-3135. (5397) Abandonment of commission form. Any city which
shall have operated for more than one year under the provisions of this
act may abandon such organization hereunder and accept the provisions
of the general law of the state then applicable to cities of its population.
Upon the petition of not less than ten per cent (10%) of the electors
of such city registered for the last preceding general election, the following
proposition shall be placed upon the ballot at the next regular city elec-
tion, provided the petition be filed at least sixty (60) days prior to the
date of such election:
"Shall the city of (name of city) abandon its organization under
chapter 57 of the acts of the twelfth legjislative assembly and become 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 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 11-3132 of this code, insofar as the provisions thereof are appli-
cable; or if now organized under special charter, may resume said special
charter. Whenever the form of government of any city is determined by
a vote of the people under the provision of this section, the same question
shall not be submitted again for a period of two (2) 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 (2) years.
78
CITIES AND TOWNS 11-3137
History: En. 8«c. 32, Oh. 57, L. 1911; 6397, R. 0. M. 1921; amd. Sec. 1, Ob. 105,
amd. B«c. 1, Oh. 128, L. 1813; re-en. Sec. L. 1951.
11-3136. (5398) Requirements of petitions. Petitions 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 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.
History: En. Sec. S3, Oh. 67, L. 1911;
re-en. Sec. 5398, B. 0. M. 1921; amd. Bee.
2, Oh. 106, L. IML
11-3137. (5399) Effect of axjt 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 corporations, are
hereby continued in full force and effect, and shall be considered and con-
strued as not repealed by this act, except insofar as the same may be in
conflict or inconsistent with the provisions of this act.
History: En. Sec. 34, Oh. 57, L. 1911;
re-en. Sec. 5399, R. 0. M. 1921.
CHAPTER 32
COMMISSION-MANAGER FORM OF GOVERNMENT
Section 11-3201. Any city may reorganize under commission-manager form.
11-3202. Submission of question to electors — ^petition and order of election.
11-3203. Proclamation of election.
11-3204. Ballots — form.
11-3205. Certificate of result of election — election not to be held within two
years after failure to adopt.
11-3206. Special election for electing commissioners.
11-3207. Manner of conducting election — canvassing votes.
11-3208. Laws governing city — ordinances — territorial limits and property.
11-3209. Organization of communities or groups of communities as municipality
— election proclamation— election of commissioners.
11-3210. Powers of municipalities under commission-manager plan.
11-3211. Form of government to be known as commission-manager plan — com-
position of commission — powers.
11-3212. Qualification of commissioners — tenure of office — expiration of terms.
11-3213. Filling of vacancies in commission.
11-3214. Qualifications of commissioners — holding other public office forbidden
— interest in contracts not allowed — accepting gratuities forbidden.
11-3215. Nomination of candidates — primary election.
11-3216. Ballots — form, contents and distribution — qualification of electors —
conduct of election.
11-3217. Arrangement of names of candidates on ballot.
11-3218. Date of holding regular elections — special elections.
11-3218.1. Dispensing of general election.
11-3219. Filing of election expenses of candidates — penalty for violations.
11-3220. Recall of commissioners — petition for recall.
11-3221. Issuance of petition papers.
11-3222. Signatures and affidavit to petition papers.
11-3223. Assembling and filing of petition papers.
11-3224. Notification of officer — recall election.
79
11-3201 ELECTION LAWS
11-3225. Ballots at recall election — requirements — nomination of candidates to
fill vacancies.
11-3226. Effect of majority vote for or against recall.
11-3227. Limitation upon time of filing recall petition.
11-3228. Working for candidate forbidden.
11-3229. Bribery^ — false answers concerning qualifications of elector — voting by
disqualified person.
11-3230. Proposed ordinances — how submitted — requirements of petition to
submit.
11-3231. Signatures and affidavit to petitions.
11-3232. Assembling and filing of petition papers — hearing upon proposed ordi-
nances— submission to electors.
11-3233. Submission of petition and proposed ordinance to clerk.
11-3234. When proposed ordinance is to be submitted to electors.
11-3235. Contents of ballot — when proposed ordinance becomes effective.
11-3236. Bepealing ordinances — publication, amendment and repeal of initiated
ordinances.
11-3237. When ordinances of commission take effect — petition for repeal sus-
pends effect unless law is complied with.
11-3238. Beconsideration of ordinance — submission to electors — failure to ap-
prove operates as repeal.
11-3239. Contents and requirements of referendum petitions — ballots.
11-3240. Other ordinances subject to referendum.
11-3241. Highest affirmative vote prevails when referendum ordinances conflict
11-3242. Emergency ordinances subject to referendum — rules applicable.
11-3243. Ordinances providing for expenditures, bond issues, public improve-
ments submitted to electors — preliminary steps prior to election —
qualifications of electors.
11-3244. Oath and bond of commissioners.
11-3245. Designation of mayor — procedure in case of tie vote — vacancy in
office of mayor — powers and duties of mayor.
11-3246. Selection of successor to mayor in event of his recall — mayor when
all commissioners are recalled.
11-3247. Quorum of commissioners — recording votes and proceedings.
11-3248. Compensation of commissioners and mayor.
11-3249. Meetings of commission — unauthorized absence creates vacancy —
meetings and minutes to be public — rules and order of business.
11-3201. (5400) Any city may reorganize under commission-manager
form. Any municipality may abandon its organization and reorganize un-
der the provisions of this act, by proceeding as hereinafter provided.
History: En. Sec. 1, Ch. 152, L. 1917;
re-en. Sec. 5400, R. C. M. 1921.
11-3202. (5401) Submission of question to electors — petition and order
of election. Upon a petition being filed with the city or town council,
signed by not less than twenty-five per cent of the qualified electors of such
municipality registered for the last preceding general municipal election,
praying that the question of reorganization under this act be submitted
to the qualified electors of such municipality, said city or town council
shall thereupon, and within thirty days thereafter, order a special election
to be held, at which election the question of reorganization of such munici-
pality 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.
History: En. Sec. 2, Ch. 152, L. 1917;
re-en. Sec. 5401, B. C. M. 1921.
80
CITIES AND TOWNS 11-3206
11-3203. (5402) Proclamation of election. Upon the city or town coun-
cil ordering such special election to be held, the mayor of such municipality
shall issue a proclamation setting forth the purpose for which such special
election is held, and the date of holding such special election, which procla-
mation shall be published for ten consecutive days in each daily newspaper
published in said municipality, if there be such, otherwise once a week for
two consecutive weeks in each weekly newspaper published therein, and
such proclamation shall also be posted in at least five public places within
such municipality.
History: En. Sec. 3, Ch. 152, L. 1917;
re-en. Sec. 6402, B. 0. M. 1921.
11-3204. (5403) BaJlots — 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 de-
clared in the same manner as provided by law in respect to other municipal
elections.
History: En. Sec. 4, Ch. 152, L. 1917;
re-en. Sec. 5403, S. 0. M. 1921.
11-3205. (5404) Certificate of result of election— election not to be
held within two years after failure to adopt. If such proposition is adopted,
the mayor shall transmit to the governor, to the secretary of state and to
the county clerk and recorder, each a certificate stating that such proposi-
tion 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.
History: En. Sec. 5, Oh. 152, L. 1917;
re-en. Sec. 6404, S. C. M. 1921; amd. Sec.
1, Ch. 31, L. 1923.
11-3206. (5405) Special election for electin^r commissioners. If the
majority of the votes cast at such election shall be in favor of such propo-
sition, 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 municipality shall
be entitled, which order shall specify the time of holding such election,
which must be within ninety days after the making of such order, and the
mayor shall thereupon issue a proclamation setting forth the purpose for
which such special election is held and the day of holding the same, which
81
11-3207 ELECTION LAWS
proclamation shall be published for ten successive days in each daily news-
paper published in such municipality if there be such, otherwise for two
successive weeks in each weekly newspaper published therein, and a copy
thereof shall also be posted at each voting place within said municipality
and also in five of the most public places in said municipality.
History: ^n- S«c. 6, Oh. 162, L. 1917;
r»-«n. S*c. 5405, B. 0. M. 1921; amd. Sec.
2, Oh. 31, L. 1923.
11-3207. (5406) Majmer 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.
History: En. Sec. 7, Oh. 162, L. 1917;
re-en. Sec. 5406, B. 0. M. 1921.
11-3208. (5407) Laws governing city — ordinances — territorial limits
and property. All laws governing municipalities of like population, and
not inconsistent with the provisions of this act, shall apply to and govern
municipalities organized under this act. All by-laws, ordinances, and reso-
lutions lawfully passed and in force in any such municipality under its
organization, not in conflict herewith, shall remain in force until altered or
repealed by the commission under the provisions of this act. The terri-
torial limits of such municipality shall remain the same as under the former
organization, and all rights and property of every description which were
vested in any such, municipality under its former organization shall vest in
the same under the organization herein contemplated, and no right or
liability either in favor of or against it, existing at the time, and no suit
or prosecution of any kind, shall be affected by such change, unless otherwise
provided for in this act.
History: En. Sec. 8, Oh. 152, L. 1917;
re-en. Sec. 5407, B. O. M. 1921.
11-3209. (5408) Organization of communities or groups of communities
as municipality — election proclamation — election of commissioners. When-
ever the inhabitants of any community or group of communities in any
county, whether separately incorporated in whole or in part, or unincor-
porated, 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 bound-
82
CITIES AND TOWNS 11-3210
aries of said proposed municipal district, which shall include all such com-
munities and cities, and such additional adjacent territory as shall, in the
judgment of the board of county commissioners, provide for future urban
growth.
If a majority of the legal voters at said election vote in favor of the
organization of such municipal district, or in favor of annexation to an
incorporated city or town, then the board of county commissioners shall
declare the result of said elections, and immediately thereafter shall give
notice for thirty days in a newspaper published within the proposed muni-
cipal district, or if none be published therein, by posting 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 commis-
sioners must appoint judges and clerks of election, and canvass and de-
clare the result thereof. The election must be conducted in the manner pre-
scribed by law for the election of county officers, and the commissioners so
elected must qualify in the manner prescribed by law.for county officers.
History: En. Sec. 9, Oh. 152, L. 1917;
amd. Sec. 1, Ch. 44, L. 1919; re-en. Sec.
6408, S. 0. M. 1921.
11-3210. (5409) Powers of municipa.lities under commission-manager
plan. The inhabitants of any municipality, coming under the provisions
of this act, as its limits now are, or may hereafter be, shall be a body
politic and corporate and have a corporate name, and as such shall have
perpetual succession, and may use a corporate seal. Through its duly elected
officers, it may sue and be sued ; may acquire property in fee simple or lesser
interest, or estate by purchase, gift, devise, appropriation, lease, or lease
with the privilege to purchase for any municipal purpose; may sell, lease,
hold, manage, and control such property, and make any and all rules and
regulations by ordinance or resolution which may be required to carry
out fully all provisions of any conveyance, deed, or will, in relation to any
gift or bequest, or the provisions of any lease by which it may acquire
property; may acquire, construct, own, lease, and operate and regulate
public utilities; may assess, levy, and collect taxes for general and special
purposes on all the subjects or objects which the municipality may lawfully
tax ; may borrow money on the faith and credit of the municipality by the
issue or sale of bonds or notes of the municipality; may appropriate money
of the municipality for all lawful purposes; may create, provide for, con-
struct, regulate and maintain all things of nature of public works and im-
provements ; may levy and collect assessments for improvement districts and
other local improvements; may license and regulate persons, corporations,
and associations engaged in any business, occupation, profession, or trade ;
may define, prohibit, abate, suppress, and prevent all things detrimental to
the health, morals, comfort, safety, convenience, and welfare of the in-
habitants of the municipality, and all nuisances and the causes thereof ; may
regulate the construction, height, and the material used in all buildings, and
83
11-3211 ELECTION LAWS
the maintenance and occupancy thereof; may regulate and control the use,
for whatever purpose, of the streets and other public places; may create,
establish, abolish, and organize offices, and fix the salaries and compensa-
tions 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 there-
of. The municipality shall have all powers that now are or hereafter may be
granted to municipalities by the constitution or laws of Montana; and all
such powers, whether expressed or implied, shall be exercised and 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.
History: En. Sec. 10, Ch. 152, L. 1917;
re-en. Sec. 6409, R. C. M. 1921.
11-3211. (5410) Form of govemment to be known as oommission-
manaiger plan — composition of commission — powers. The form of govern-
ment provided for 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
consist of three (3) commissioners for all municipalities having a population
of less than fifteen thousand (15,000) and five (5) commissioners for all
cities having a population of fifteen thousand (15,000) or more. The commis-
sion shall constitute the governing body, with powers as hereinafter pro-
vided, to pass ordinances, adopt regulations and appoint a chief administra-
tive officer to be known as the "city manager," and exercise all powers as
hereinafter provided.
History: En, Sec. 12, Ch. 152, L. 1917;
re-en. Sec. 5410, R. C. M. 1921; amd. Sec.
1, Cli. 60, L. 1943.
11-3212. (5411) Qnaliflcation of commissioners — ^tenure of office — ex-
piration of terms. The commissioners elected at the first election shall
qualify and their terms of office shall begin on the first Monday after their
election, and the terms of office of the mayor and councilmen or aldermen in
such city or town in office at the beginning of the term of office of the com-
missioners first elected under the provisions of this act shall cease and
terminate, and the terms of office of all their appointed officers, and of all
of the employees of such city or town, shall cease and terminate as soon
as the commissioners shall by resolution declare.
All commissioners shall serve for a term of four years and until their
successors are elected and have qualified; except that at the first election
the two candidates having the highest number of votes shall hold office
for a period of four years, less the time elapsed since the 31st day of
December of the odd numbered year last preceding. The terms of office of
all other candidates shall expire on the 31st day of December in any odd
numbered year following the special election provided for in this act, at
which the first commissioners are elected.
History: En. Sec. 13, Ch. 152, L. 1917;
re-en. Sec. 5411, B. C. M. 1921; amd. Sec.
3, Ch. 31, L. 1923.
84
CITIES AND TOWNS 11-3215
11-3213. (5412) Filling of vacancies in commission. Vacancies in the
commission shall be filled by the commission for the remainder of the unex-
pired term, but any vacancy resulting from a recall shall be filled in the
manner provided in such case.
History: En. Sec. 14, Oh. 152, L. 1917;
re-«n. Sec. 5412, R. C. M. 1921.
11-3214. (5413) Qualifications of commissioners — holding other public
office forbidden — interest in contracts not allowed — accepting gratuities for-
bidden. 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 forth-
with forfeit his oflSce, 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 indirectly, from
any person, firm or corporation upon terms more favorable than are granted
to the public generally. Any violation of the provisions of this section
shall be a misdemeanor and shall also be sufficient cause for the summary
removal or discharge of the offender. Such provisions 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 oflBcial business,
nor to any other employee or official of said city on official business who
exhibits written authority signed by the city manager.
History: En. Sec. 16, Ch. 152, L. 1917;
re-en. Sec. 5413, B. C. M. 1921; amd. Sec.
4, Ch. 31, L. 1923.
11-3215. (5414) Nomination of candidates — primary election. (1) Can-
didates to be voted for at all general municipal elections at which com-
missioners are to be elected under the provisions of this act shall be nomi-
nated by a primary election, and no other names shall be placed upon
the general ballot except those nominated in the nianner hereinafter pre-
scribed. The primary election for such nominations shall be held on the
last Tuesday of August of the odd-numbered years.
(2) Any qualified elector of the municipality, who is the owner of real
estate situated therein to the value of not less than one thousand dollars,
desiring to become a candidate for commissioner, shall, at least ten days
prior to said primary election, file with the clerk of the commission a
statement of such candidacy in substantially the following form:
State of Montana, ^
County of J
85
11-3215 ELECTION LAWS
I, , being first duly sworn, say that I reside
at street, (city, town) of , county
of , state of Montana; that I am a qualified voter
therein; that I am a candidate for nomination to the oflBce of commis-
sioner to be voted upon at the primary election to be held on the last
Tuesday of August, 19 , and I hereby request that my name be
printed upon the official primary ballot for nomination by such primary
election for such office.
(Signed)
Subscribed and sworn to (or affirmed) before me by
on this day of , 19
(Signed)
And shall at the same time file therewith the petition of at least twenty-
five qualified voters requesting such candidacy. Each petition shall be
verified by one or more persons as to qualifications and residence, with
street number, of each of the persons so signing the said petition, and
the said petition shall be in substantially the following form :
(3) Petition Accompanying Nominating Statement.
The undersigned duly qualified electors of the (city, town) of
, and residing at the places set opposite our
respective names hereto, do hereby request that the name of (name of
candidate) be placed on the ballot as a candidate for nomination to
the office of commissioner at the primary election to be held on the last
Tuesday of August, 19 We further state that we know him to be a
qualified elector of said (city, town), and a man of good moral character,
and qualified, in our judgment, for the duties of such office, and we indi-
vidually certify that we have not signed similar petitions greater in
number than the number of commissioners to be chosen at the next gen-
eral municipal election.
Names of Qualifying Electors. Number. Street.
(Space for Signatures.)
State of Montana, ]
County of J
, being duly sworn, deposes and
says, that he knows the qualifications and residence of each of the per-
sons 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.
(4) Immediately upon the expiration of the time of filing the state-
ments and petition for candidates, the clerk of the commission shall cause to
86
CITIES AND TOWNS 11-3216
be published for three consecutive days in all the daily newspapers pub-
lished in the municipality in proper form, the names of the persons that
are to appear upon the primary ballots, and if there be no daily news-
paper, then in two issues of any other newspaper that may be published
in said municipality, and the said clerk shall thereupon cause the primary
ballots to be printed, and authenticated with a facsimile of his signature.
(5) In the event the number of legally qualified candidates for the
office of commissioner at such primary election does not exceed twice the
number of vacancies in the commission to be filled, no municipal primary
election for the nomination of candidates for the office of commissioner
shall be held in said city for said year and such legally qualified candi-
dates shall be deemed duly nominated and shall be placed on the general
ballot.
HiHtory: En. Sec. 16, Ch. 152, L. 1917;
re-en. Sec. 5414, B. C. M. 1921; amd. Sec.
1, Ch. 36, L. 1961.
11-3216. (5415) Ballots — form, contents and distribution — qualification
of electors — conduct of election. (1) All ballots used in all elections held
under authority of this act shall be without party mark or designation. The
ballots shall be printed on plain, substantial white paper.
(2) Except that the crosses here shown shall be omitted, and that in
place of the names of persons here shown, there shall appear the names of
the persons who are candidates for nomination, the primary ballots shall
be substantially as hereinafter designated. Primary, regular and special
election ballots provided under authority of this act for the nomination or
election of commissioners shall not bear the name of any person or persons
or any issue other than those of candidates for the nomination or election
to the office of commissioner.
Official Primary Ballot.
Vote for (insert here a number equal to the number of persons to be
elected to the office of commissioner at the next regular municipal election.)
If you wrongly mark, tear or deface this ballot, return it and obtain
another.
Candidates for nomination to the office of commissioner at the primary
election.
X
John Doe
X Henry Smith
X George Jones
X
James Richards
X
Richard Doe
Official Ballot Attest :
87
11-3217 ELECTION LAWS
(Signature)
Clerk of the Commission.
(3) 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 chal-
lenged by any elector of the municipality upon any or all grounds set forth
and specified in section 23-1220, and the provisions of sections 23-1221 to
23-1228, inclusive, shall apply at all challenges made at such election. Judges
of election shall immediately upon the closing of the polls, count the ballots
and ascertain the number of such vfttes cast in such precinct for each of the
candidates, and make return thereof to the clerk of the commission upon
proper blanks to be furnished by the clerk of the commission within twelve
hours of the closing of the polls. Not later than the first legal day after
he shall have received such returns, the clerk of the commission shall can-
vass 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.
(4) 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.
(5) Except as otherwise in this act provided all electors of municipali-
ties under this act, who, by ordinances governing cities and towns incor-
'porated under the general municipal incorporation law, or by charter,
would be entitled to vote for the election of officers at any general municipal
election in such cities or towns, shall be qualified to vote at all elections
under this act ; and the ballots to be used at such general municipal elections,
shall be in the same general form as for such primary election so far as
applicable, and in all elections in such municipalities, the election precincts,
Voting places, method of conducting the elections, canvassing of votes and
announcing the results, shall be the same as by law provided for the
election of officers in such cities or towns so far as the same are applicable
and not inconsistent with the provisions of this act.
History: En. Sec. 17, Ch. 152, I#. 1917;
re-en. Sec. 5415, B. C. M. 1921; amd. Sec.
5, Ch. 31, L. 1923.
11-3217. (5416) Arrajigemeiit of names of candidates on ballot. The
names of candidates on all ballots used in any election held under the
authority of this act shall be printed in rotation, as follows:
The ballot shall be printed in as many series as there are candidates
for the office of commissioner. The whole number of ballots to be printed
shall be divided by the number of series, and the quotient so obtained
88
CITIES AND TOWNS 11-3220
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 bal-
lots so printed shall then be combined in tablets, so as to have the fewest
possible ballots having the same order of names printed thereon together
in the same tablet.
History: En. Sec. 18, Ch. 152, L. 1917;
re-en. Sec. 5416, R. C. M. 1921.
11-3218. (5417) Date of holding regular elections — ST>ecial 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 November of
any odd-numbered year, and on the first Tuesday after the first Monday in
November in each second year thereafter. Elections so held shall be known
as regular municipal elections. All other elections held under the provisions
of this act, excepting those for the nomination of candidates for the office
of commissioner, shall be known as special municipal elections,
ffistory: En. Sec. 19, Oh. 152, L. 1917;
re-en. Sec. 5417, R. C. M. 1921.
11-3218.1. Dispensing of general election. Whenever, in any city op-
erating under a commission-manager form of government at a primary elec-
tion held in accordance with section 11-3215, the number of nominees shall
not exceed the number of officers to be elected, then such nominees shall
be deemed duly elected to the respective offices. Then, in that event, no gen-
eral municipal election shall be held in said city for said year. All matters,
other than the election of officers, upon which the general public shall vote
shall be disposed of at the primary election unless a special election is held
for that purpose.
History: En. Sec. 1, Ch. 75, L. 1955.
11-3219. (5418) Filing of election expenses of candidates — ^penalty for
violations. Every candidate for commissioner shall, within thirty (30) days
after the election, file with the clerk of the commission his sworn statement
of all his election and campaign expenses, and by whom such funds were
contributed.
Any violation of the provisions of this section, shall be a misdemeanor
and if committed by a successful candidate, give ground for the removal
from office.
History: En. Sec. 20, Ch. 182, L. 1917;
re-en. Sec. 5418, R. C. M. 1921; amd. Sec.
6, Ch. 31, L. 1923.
11-3220. (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 commission.
89
11-3221 ELECTION LAWS
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.
History: En. Sec. 21, Oh. 1S2, I*. 1917;
re-«u. Sec. 5419, S. 0. M. 1921.
11-3221. (5420) Issuance of petition papers. Petition papers shall be
procured only from the clerk of the commission, who shall keep a sufficient
number of such blank petitions on file for distribution as herein provided.
Prior to the issuance of such petition papers, an affidavit shall be made by
one or more qualified electors and filed with the clerk of the commission,
stating the name and the office of the officer or officers sought to be removed.
The clerk of the commission, upon issuing any such petition papers to
an elector, shall enter in a record, to be kept in his office, the name of
the elector to whom issued, the date of such issuance, and the number of
papers issued, and shall certify on such papers the name of the elector to
whom issued, and the date issued. No petition papers so issued shall be
accepted as part of the petition unless it bears such certificate of the
clerk of the commission, and unless it be filed as provided herein.
History: En. Sec. 22, Ch. 162, L. 1917;
re-en. Sec. 6420, B. 0. M. 1921.
11-3222. (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 pur-
ports to be.
History: En. Sec. 23, Ch. 162, L. 1917;
re-en. Sec. 5421, B. 0. M. 1921.
11-3223. (5422) Assembling and filing of petition papers. All papers
comprising 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.
History: En. Sec 24, Oh. 152, L. 1917;
re-en. Sec. 5422, B. O. M. 192L
11-3224. (5423) Notification of officer — recall election. The clerk of
the commission shall at once submit the recall petition to the commission,
and shall notify the officer sought to be recalled of such action. If the
official whose removal is sought does not resign within five days after such
notice, the commission shall thereupon order and fix a day for holding a
recall election. Any such election shall be held not less than seventy nor
more than eighty days after the petition has been presented to the commis-
sion, at the same time as any other general or special election held within
90
CITIES AND TOWNS 11-3228
such period ; but if no such election be held within such period, the commis-
sion shall call a special recall election to be held within the time aforesaid.
History: En. Sec. 25, Oh. 152, L. 1917;
re-«n. Sec. 5423, S. C. M. 1921.
11-3225. (5424) Ballots at recall election — requirements — ^nomination of
candidates to All vacancies. The ballots at such recall election shall con-
form 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 can-
didates to fill the vacancy or vacancies. The name of the officer or officers
whose removal is sought shall not appear on the ballot as a candidate or
candidates to succeed himself or themselves.
Before any such recall election for the removal of commissioners shall
be had, there shall be nominated candidates to fill the vacancy or vacan-
cies, the nominations therefor to be made by petition, which petition for
each candidate shall be signed by at least twenty-five registered electors,
and shall be filed at least thirty days prior to the date fixed for holding
such recall election; and the form and requirements for said petition shall
be the same as hereinbefore provided in the case of primary nominations.
History: En. Sec. 26, Ch. 152, L. 1917;
re-en. Sec. 5424, B. 0. M. 1921.
11-3226. (5425) Effect of majority vote for or against recall. Should
a majority of the votes cast at a recall election be against the recall of the
officer named on the ballot, such officer shall continue in the office for the re-
mainder of his unexpired term, subject to recall as before. If a majority
of the votes cast at a recall election shall be for the recall of the officer
named on the ballot, he shall, regardless of any technical defects in the
recall petition, be deemed removed from office.
History: En. Sec 27, Ch. 152, L. 1917;
re-en. Sec. 5425, S. 0. M. 1921.
11-3227. (5426) Limitation upon time of filing recall petition. No re-
call petition shall be filed against a commissioner within six months after he
takes his office, nor, in case of an officer reelected in a recall election, until
six months after that election.
History: En. Sec. 28, Ch. 152, L. 1917;
re-en. Sec. 5426, B. C. M. 192L
11-3228. (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
91
11-3229 ELECTION LAWS
thing for such services performed in the interest of any candidate, shall be
punished by a fine not exceeding three hundred dollars, or be imprisoned
in the county jail not exceeding thirty days, or both such fine and imprison-
ment.
History: En. Sec. 29, Cli. 162, L. 1917;
re-en. Sec. 5427, R. C. M. 1921.
11-3229. (5428) Bribery — false answers concerning qualifications of
elector — voting by disqualified person. Any person offering to give a bribe,
either in money or other consideration, to any elector for the purpose of
influencing his vote at any election provided in this act, or any elector
entitled to vote at any such election receiving and accepting such bribe or
other consideration; any person who agrees, by promise or written state-
ment, 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 pro-
vided 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 con-
viction, 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.
History: En. Sec. 30, Ch. 152, L. 1917;
re-en. Sec. 5428, E. 0. M. 1921.
11-3230. (5429) Proposed ordinances — ^how submitted — requirements of
petition to submit. Any proposed ordinance may be submitted to the com-
mission by petition signed by at least ten per cent of the total number of
registered voters in the municipality. All petition papers circulated with
respect to any proposed ordinance shall be uniform in character and shall
contain the proposed ordinance in full, and have printed or written thereon
the names and addresses of at least five electors who shall be officially re-
garded as filing the petition, and shall constitute a committee of the peti-
tioners for the purposes hereinafter named.
History: En. Sec. 31, CTh. 152, L. 1917;
re-en. Sec. 5429, B. 0. M. 1921.
11-3231. (5430) Signatures and affidavit to petitions. Each signer of
a petition shall sign his name in ink or indelible pencil, and shall place on
the petition papers, after his name, his place of residence by street and
number. The signatures of any such petition papers need not all be appended
to one paper, but to each such paper there shall be attached an affidavit by
the circulator thereof, stating the number of signers to such part of the
petition, and that each signature appended to the paper is the genuine sig-
92
CITIES AND TOWNS 11-3235
nature of the person whose name it purports to be, and was made in the
presence of the affiant.
History: En. Sec. 32, Ch. 152, L. 1917;
re-en. Sec. 5430, R. C. M. 1921.
11-3232. (5431) Assembling ajid filing of petition papers — ^hearing upon
proposed ordinances — submission to electors. All papers comprising a peti-
tion shall be assembled and filed with the clerk of the commission as one
instrument, and when so filed, the clerk of the commission shall submit the
proposed ordinance to the commission at its next regular meeting. Pro-
vision shall be made for public hearings upon the proposed ordinances.
The commission shall at once proceed to consider it, and shall take final
action thereon within thirty days from the date of submission. If the
commission rejects the proposed ordinance, or passes it in a different form
from that set forth in the petition, the committee of the petitioners may
require it to be submitted to a vote of the electors in its original form, or
that it be submitted to a vote of the electors with any proposed change,
addition, or amendment, if a petition for such election is presented bearing
additional signatures of fifteen per cent of the electors of the city or town.
History: En. Sec. 33, Ch. 152, L. 1917;
re-en. Sec. 5431, R. O. M. 1921.
11-3233. (5432) Submission of petition and proposed ordinance to clerk.
AVhen 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.
History: En. Sec. 34, Oh. 152, It. 1917;
re-en. Sec. 5432, B. C. M. 1921.
11-3234. ( 5433 ) When proposed ordinance is to be submitted to electors.
Upon receipt of the certificate and certified copy of the proposed ordinance,
the clerk shall certify the fact to the commission at its next regular meeting.
If an election is to be held not more than six months nor less than thirty
days after the receipt of the clerk's certificate by the commission, such pro-
posed ordinance shall then be submitted to a vote of the electors. If no
such election *is to be held within the time aforesaid, the commission shall
provide for submitting the proposed ordinance to the electors at a special
election.
History: En. Sec. 35, Ch. 152, L. 1917;
re-en. Sec. 5433, B. C. M. 1921.
11-3235. (5434) Contents of ballot — ^when proposed ordinance becomes
effective. The ballots used when voting upon any such proposed ordinance
shall state the title of the ordinance to be voted on, and below it the two
propositions, "For the ordinance," and "Against the ordinance." Immedi-
ately 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 ordi-
93
11-3236 ELECTION LAWS
nance. If a majority of the electors voting on any such proposed ordinance
shall vote in favor thereof, it shall thereupon become an ordinance of the
municipality.
History: En. Sec. 36, Oh. 152, L. 1917;
re-«n. Sec. 5434^ S. O. M. 192L
11-3236. (5435) Repealing ordinances — publication, amendment and re-
peal of initiated ordinances. Proposed ordinances for repealing any ex-
isting ordinance or ordinances, in whole or in p^-rt, may be submitted to
the commission as provided in the preceding section for initiating ordi-
nances. Initiated ordinances adopted by the electors shall be published and
may be amended or repealed by the commission as in the case of other
ordinances.
History: En. Sec. 37, Ch. 152, L. 1917;
re-en. Soc. 5435, &. C. M. 1921.
11-3237. (5436) When ordinances of commission take effect — ^petition
for repeal suspends effect unless law is complied with. No ordinance passed
by the commission, unless it be an emergency measure, shall go into effect
until thirty days after its final passage by the commission. If at any time
within the said thirty days, a petition signed by twenty-five per cent of
the total number of registered voters in the municipality be filed with the
clerk of the 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.
History: En. Sec. 38, Ch. 152, L. 1917;
re-en. S«c. 5436, E. C. M. 1921.
11-3238. (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 commission by petition. If, when submitted to a
vote of the electors, any such ordinance be not approved by a majority of
those voting thereon, it shall be deemed repealed.
History: En. Sec. 39, Ch. 152, L. 1917;
re-en. Sec. 5437, B. C. M. 1921.
11-3239. (5438) Contents and requirements of referendum petitions —
ballots. Referendum petitions need not contain the text of the ordinance,
the repeal of which is sought, but shall be subject in all other respects to
the requirements for petitions submitting proposed ordinances to the com-
mission. Ballots used in referendum elections shall conform in all respects
to those provided for in section 11-3235 of this code.
History: En. Sec. 40. Ch. 152, L. 1917;
re-en. Sec. 5438, B. C. M. 1921.
94
CITIES AND TOWNS 11-3244
11-3240. (5439) Other ordinances subject to referendum. Ordinances
submitted to the commission by initiative petition and passed by the com-
mission 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.
History: En. Sec. 41, Oh. 152, L. 1917;
re-en. Sec. 5439, B. C. M. 1921.
11-3241. (5440) Highest affirmative vote prevails when referendum
©(rdinances 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.
History: En. Sec. 42, Ch. 162, L. 1917;
re-en. Sec. 5440, S. 0. M. 1921.
11-3242. (5441) Emergency ordinances subject to referendum — ^rules
applicable. Ordinances passed as emergency measures shall be subject to
a referendum in like manner as other ordinances, except that they shall go
into effect at the time indicated in such ordinances. If, when submitted to
a vote of the electors, an emergency measure be not approved by a majority
of those voting thereon, it shall be considered repealed as regards any
further action thereunder; but such measure so repealed shall be deemed
sufficient authority for payment, in accordance with the ordinance, of any
expense incurred previous to the referendum vote thereon.
History: En. Sec. 43, Oh. 182, L. 1917;
re-en. Sec. 5441, R. 0. M. 1921.
11-3243. (5442) Ordinances providing for expenditures, bond issues,
public improvements submitted to electors — ^preliminary steps prior to elec-
tion— quaJiflcations of electors. In case a petition be filed requiring that
a measure passed by the commission providing for an expenditure of money,
a bond issue, or a public improvement be submitted to a vote of the
electors, all steps preliminary to such expenditure, actual issuance of the
bonds, or actual execution of the contract for such improvement, may be
taken prior to the election ; and at such election only resident taxpayers of
such city or town whose names as such appear upon the assessment roll and
who are also qualified electors of said city or town, shall be entitled to
vote at such election. And at any and all elections in such city or town
at which questions relating to bond issues, tax levies, or the expenditure
of money shall be submitted, no person shall be entitled to vote unless
qualified as in this section provided.
History: En. Sec. 44, Oh. 152, L. 1917;
re-en. Sec. 5442, B. C. M. 1921; amd. Sec.
7,, Oh 31, L. 1923.
11-3244. (5443) Oath of commissioners. Every person who has been
declared elected commissioner, shall within ten (10) days thereafter take
and file with the clerk of the commission his oath of office in the form
and manner provided by law.
History: En. Sec. 45, Ch. 152, L. 1917; 8, Ch. 31, L. 1923; amd. Sec. 9, Ch. 67,
re-en. Sec. 5443, B. 0. M. 1921; amd. Sec. I». 1967.
95
11-3245 ELECTION LAWS
11-3245. (5444) Designation of mayor — procedure in case of tie vote —
vacancy in oflBce of mayor — powers and duties of mayor. The mayor shall
be that member of the commission, who, at the regular municipal election at
which the commissioners were elected, received the highest number of
votes. In case two candidates receive the same number of votes, one of them
shall be chosen mayor by the remaining members of the commission. In
event of a vacancy in the office of the mayor, by the expiration of his term
of office, the holdover commissioner having received the highest number of
votes shall be the mayor. In the event there is a vacancy in the office of the
mayor for any other cause, the remaining members of the commission shall
choose his successor for the unexpired term from their own number by lot.
The mayor shall be the presiding officer, except that in his absence, a presi-
dent pro tempore may be chosen. The mayor shall exercise such powers
conferred, and perform all duties imposed upon him by this act, the ordi-
nances of the municipality and the laws of the state, except that he shall
have no power to veto any measure. He shall be recognized as the official
head of the municipality by the courts for the purpose of serving civil proc-
esses, by the governor for the purposes of the military law, and for all
ceremonial purposes.
History: En. Sec. 46, Ch. 152, L. 1917;
re-en. Sec. 5444, B. C. M. 1921; amd. Sec.
9, Ch. 31, L. 1923.
11-3246. (5445) Selection of successor to mayor in event of his recall —
mayor when all commissioners are recalled. In the event that the commis-
sioner 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 deter-
mine their successor shall serve as the mayor.
History: En. Sec. 47, Cli. 152, L. 1917;
re-en. Sec. 5445, B. C. M. 1921.
11-3247. (5446) Quorum of cammissioners — recording votes and pro-
ceedings. In municipalities having three commissioners, two commissioners
shall constitute a quorum; and the affirmative vote of two commissioners
shall be necessary to adopt or reject any motion, resolution, or ordinance,
or pass any measure unless a greater number is provided for in this act. In
municipalities having five commissioners, three commissioners shall con-
stitute 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.
History: En. Sec. 48, Ch. 152, L. 1917;
re-en. Sec. 5446, B. C. M. 1921.
11-3248. (5447) Compensation of commissioners and mayor. The salary
of each commissioner may be as follows : For each meeting attended, cities or
96
CITIES AND TOWNS 11-3330
towns with less than twenty-five thousand inhabitants, twenty dollars
($20.00) ; cities with more than twenty-five thousand inhabitants, not to
exceed forty dollars ($40.00) ; provided, that not more than one fee shall
be paid for any one day. The salary of the commissioner acting as mayor
may be one and one-half times that of the other commissioners.
History: En. Sec. 49, Ch. 152, L. 1917; 5447, R. C. M. 1921; amd. Sec. 1, Ch. 10,
amd. Sec. 2, Ch. 44, L. 1919; re-en. Sec. L. 1949; amd. Sec. 1, Ch. 71, L. 1965.
11-3249. (5448) Meetings of commission — unauthorized absence creates
vacancy — meeting's 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 munici-
pality, at which time the newly elected commissioners shall assume the
duties of their office. Thereafter, the commissioners shall meet at such
times as may be prescribed by ordinance or resolution, except that in munici-
palities having less than five thousand inhabitants, they shall meet regularly
at least once and not more than four times per month, and in municipalities
having more than five thousand inhabitants, they shall meet not less than
once every two weeks. Absence from five (5) consecutive regular meetings
shall operate to vacate the seat of a member, unless such absence be author-
ized by the commission.
The commissioner acting as mayor, any two members of the commission
or the city manager, may call special meetings of the commission upon at
least twelve (12) hours written notice to each member of the commission,
served personally on each member or left at his usual place of residence.
All meetings of the commission shall be public and any citizen shall have
access to the minutes and records thereof at all reasonable times. The
commission shall determine its own rules and order of business and shall
keep a journal of its proceedings.
History: En. Sec. 50, Ch. 152, L. 1917;
re-en. Sec. 5448, B. C. M. 1921; amd. Sec.
10, Ch. 31, L. 1923.
CHAPTER 33
COMMISSION-MANAGEE FOEM OF GOVERNMENT (continued)
Section 11-3330. Abandonment of commission-manager plan — proceedings.
11-3330. (5514) Abandonment of commission-manager plan — ^proceed-
ings. 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 mu-
nicipalities 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:
"Shall the (city or town) of (name of city or town) abandon its organ-
ization under (name of this act) and become a (city or town) under the
97
11-3401 ELECTION LAWS
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 qualification 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, in so far as the provisions thereof are applicable. Whenever
the form of government of a municipality is determined by a vote of the
people under the provisions of this section, the same question shall not be
submitted again for a period of two years, and any ordinance adopted by
the vote of the people shall not be repealed or the same question submitted
for a period of two years.
History: En. Sec. 117, Ch. 152, L. 1917;
re-en. Sec. 6514, B. C. M. 1921.
CHAPTER 34
CITY AND COUNTY CONSOLIDATED GOVERNMENT
aection 11-3401. Consolidated county and city government authorized.
11-3402. Petition — signatures required.
11-3403. Form of petition — certificate of county clerk — special election — notice.
11-3404. Form of ballot.
11-3405. Special election of commission — proclamation — nominations — conduct
of election.
11-3417. Effective date of ordinances — emergencies — submission to electors of
measures concerning franchises or special privileges.
11-3418. Becording and publishing of resolutions and ordinances.
11-3419. Initiative measures — petition.
11-3420. Action of commission on initiative petitions.
11-3421. Submission of initiative measure to electors.
11-3422. Time for submitting to electors — adoption on favorable vote.
11-3423. Effective date of initiative measure.
11-3424. Repealing ordinances may be initiated — publication, amending and
repealing of initiative measures by commission.
11-3425. Referendum — petition.
11-3426. Reconaideration of measure by commission — reference to electors.
11-3427. Voting on initiative or referendum measures — ballots.
11-3428. Preliminary acts authorized prior to submission of ordinance to
electors.
11-3429. Petitions for initiative, referendum or recall — signatures — affidavit.
11-3430. Petitions, assembling of papers comprising — clerk's certificate.
11-3431. Petitions — amendments — filuig new petition not precluded by finding
of insufficiency.
11-3401. (5520.1) Consolidated county and city govermnent anthomed.
The separate corporate existence and government of any county and of each
and every city and town therein may be abandoned and terminated and such
county and each and all of the cities and towns therein may be consolidated
and merged into one municipal corporation and government under this act
by proceeding as hereinafter provided.
History: En. Sec. 1, Ob. 121, L. 1923.
98
CITIES AND TOWNS 11-3404
11-3402. (5520.2) Petition — sigrnatures required. The question of the
abandonment 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 c()uiity
and each and all of the cities and towns therein into one municipal corpo-
ration and government, under the provisions of this act, shall be submitted
to the qualified electors of such county if a petition be filed in the office
of the county clerk of such county, signed by at least twenty per centum
(20%) of the electors of said county whose names appear on the official
register of voters of the county on the date of the filing of such petition,
requesting that such question be submitted to the qualified electors of the
county.
History: En. Sec. 2, Ch. 121, L. 1923.
11-3403. (5520.3) Form of petition — certificate of county clerk — special
election — ^notice. Such petition shall be substantially in the form and shall
be signed, verified and filed in the manner prescribed in this act for initi-
ative, referendum and recall petitions, and shall designate therein the name
by which such consolidated government is to be known, which must be
either that of the county or of some one of the cities or towns therein. If
the county clerk shall find that such petition, or amended petition, so filed,
is signed by the required number of qualified electors he shall so certify to
the board of county commissioners of such county at their next regular
meeting, and such board shall thereupon, and within ten daj's after receiv-
ing the clerk's certificate, order a special election to be held at which elec-
tion such question shall be submitted to the qualified electors of the coun-
ty. 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
commissioners shall immediately upon making such order issue a procla-
mation 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 23-105.
History: En. Sec. 3, Ch. 121, L. 1923.
11-3404. (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 pos-
sible 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 consoli-
dated and merged into one municipal corporation and government 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 ?' "
n YES.
D NO.
99
11-3405 ELECTION LAWS
Such election shall be conducted, vote returned and canvassed and re-
sult declared in the same manner as provided by law in respect to general
elections.
History: En. Sec. 4, Ch. 121, L. 1923.
11-3405. (5520.5) Special election of commission — proclamation — nomi-
nations— 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 commission 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, immedi-
ately 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 pre-
scribed by section 23-105, provided, however, that if any general election is
to be held in such county after three months but within six months from the
date of the making of such order then such order shall require such special
election to be held at the same time as such general election. No primary
election shall be held for the purpose of nominating candidates for members
of the commission hereinafter provided for, to be voted for at such special
election, but such candidates shall be nominated directly by petition which
shall be in substantially the same form and be signed by the same number
of signers as hereinafter required for primary nominating petitions. Such
election shall be conducted, vote returned and canvassed and result de-
clared in the same manner as provided by law in respect to general elections.
History: En. Sec. 5, Ch. 121, L. 1923.
11-3417. (5520.17) Effective date of ordinances — emergencies — submis-
sion to electors of measures concerning franchises or special privileges.
Ordinances making the annual tax levy, ordinances and resolutions providing
for local improvements and assessments, and emergency measures 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 days from
the date of their passage. Ordinances adopted by the electors shall take
effect at the time fixed therein, or, if no time is specified, thirty days after
the adoption thereof. An emergency measure is an ordinance or resolution
to provide for the immediate preservation of the public peace, health or
safety, in which the emergency claimed is set forth and defined in a preamble
thereto. The affirmative vote of at least two-thirds of the members of the
commission shall be required to pass an emergency ordinance or resolution.
No measure making or amending a grant, renewal or extension of a fran-
chise or other special privilege shall ever be passed without first submit-
ting the application therefor to the resident freeholders in the manner pro-
vided by sections 11-1207 and 11-1208.
History: En. Sec. 17. Ch. 121, "L. 1923.
100
CITIES AND TOWNS 11-3422
11-3418. (5520.18) Recording and publishing of resolutions and ordi-
nances. Every ordinance or resolution upon its final passage shall be re-
corded 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,
mstory: En. Sec. 18, Ch. 121, L. 1923.
11-3419. (5520.19) Initiative mea-surea — petition. Any proposed ordi-
nance, 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 submitted to the com-
mission. All petition papers circulated with respect to any proposed ordi-
nance shall be uniform in character and shall contain the proposed
ordinance in full.
History: En. Sec. 19, Ch. 121, L. 1923.
11-3420. (5520.20) Action of commission on initiative petitions. If an
initiative petition, or amended petition be found sufficient by the clerk
he shall so certify and shall submit the ordinance therein set forth to the
commission at its next meeting, and the commission shall at once read and
refer it to an appropriate committee, which may be a committee of the
whole. Provision shall be made for public hearings upon the proposed ordi-
nance before the committee to which it is referred. Thereafter the commit-
tee shall report the ordinance to the commission, with its recommendations
thereon, not later than sixty days aftfer the date on which such ordinance
was submitted to the commission by the clerk. Upon receiving the ordi-
nance 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.
History: En. Sec. 20, Ch. 121, L. 1923.
11-3421. (5520.21) Submission of initiative measure to electors. If the
commission fail to pass an ordinance proposed by initiative petition, or pass
it in a form different from that set forth in the petition therefor, the com-
mittee of the petitioners hereinafter provided for may require that it be
submitted to a vote of the electors either in its original form or with any
change or amendment presented in writing either at a public hearing before
the committee to which the proposed ordinance was referred or during the
consideration thereof by the commission. If the committee of petitioners re-
quire the submission of a proposed ordinance to a vote of the electors they
shall certify that fact to the clerk and file in his office a certified copy of the
ordinance, in the form in which it is to be submitted, within ten days after
final action on such ordinance by the commission.
History: En. Sec. 21, Ch. 121, L. 1923.
11-3422. (5520.22) Time for submitting to electors— adoption on favor-
able vote. Upon receipt of the certified copy of a proposed ordinance from
the committee of the petitioners the clerk shall certify the fact to the com-
101
11-3423 ELECTION LAWS
mission 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 special election to be held not sooner
than ninety days after receipt of the clerk's certificate. If no municipal
election be held within six months as aforesaid, and the commission does not
provide for a special election, the proposed ordinance shall be submitted
to the electors at the first election held after the expiration of such six
months. If, when submitted to the electors, a majority of those voting on
a proposed ordinance shall vote in favor thereof, it shall thereupon be an
ordinance of the municipality.
History: En. Sec. 22, Cb. 121, L. 1923.
11-3423. (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 hereinbe-
fore provided, the ordinance as passed by the commission shall not take
effect until after such vote, and, if the proposed ordinance so submitted, be
approved by a majority of the electors voting thereon, the ordinance as
passed by the commission shall be deemed repealed.
History: En. Sec. 23, Ch. 121, L. 1923.
11-3424. (5520.24) Repealing: ordinances may be initiated — ^publication,
amending and repealing of initiative measures by commission. Proposed
ordinances for repealing any existing ordinance or ordinances, in whole or
in part, may be submitted to the commission as provided in the preceding
sections for initiating ordinances. Initiated ordinances adopted by the elec-
tors shall be published, and may be amended or repealed by the commission,
as in the case of other ordinances.
History: En. Sec. 24, Ch. 121, L. 1923.
11-3425. (5520.25) Referendum — petition. The electors shall have
power to approve or reject at the poUs any ordinance passed by the com-
mission, except an ordinance making a tax levy or an emergency measure,
such power being known as the referendum. Ordinances submitted to the
commission and passed by the commission without change, or passed in an
amended form and not required by the committee of the petitioners to be
submitted to a vote of the electors, shall be subject to the referendum in the
same manner as other ordinances. If, within thirty days after the final
passage of an ordinance, a petition signed by ten per centum (10%) of the
qualified electors whose names appear on the register of voters on the date
when such petition is filed, shall be filed with the clerk requesting that the
ordinance, or any specified part thereof, be either repealed or submitted to a
vote of the electors, it ahall 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.
Hlrtory: En. Sec. 26, Ch. 121, L. 1923.
102
CITIES AND TOWNS 11-3429
11-3426. (5520.26) Reconsideration of measure by commission — refer-
ence to electors. If a referendum petition, or amended petition, be found
suflScient 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 thereof and its final vote upon such
reconsideration shall be upon the question "Shall the ordinance (or part of
the ordinance) set forth in the referendum petition be repealed?" If upon
such reconsideration the ordinance, or part thereof, be not repealed it shall
be submitted to the electors at the next municipal election held not less
than ninety days after such final vote by the commission. The commission
by vote of not less than two-thirds of its members may submit the ordi-
nance, or part thereof, to the electors at a special election to be held not
sooner than the time aforesaid. If when submitted to the electors any
ordinance, or part thereof, be not approved by a majority of those voting
thereon it shall be deemed repealed.
History: En. Sec. 26, Oh. 121, L. 1923.
11-3427. (5520.27) Voting on initiaUve or referendum measures — ^bal-
lots. 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, with-
out 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.
History: En. 8«c. 27, Oh. 121, L. 192S.
11-3428. (5520.28) Preliminary acts authorixed prior to rabmissloii of
ordinance to electors. In case a petition be filed requiring that an ordinance
passed by the commission providing for the expenditure of money, a bond
issue, or a public improvement be submitted to a vote of the electors, all
steps preliminary to such actual expenditure, actual issuance of bonds, or
actual execution of the contract for such improvement, may be taken prior
to the election.
History: En. Sec. 28, Oh. 121, L 1923.
11-3429. (5520.29) Petitions for InHiative, referendimi or recall— cigiia-
tures — afi9.daylt. The signatures to initiative, referendum or recall petitions
need not all be appended to one paper, but to each separate petition paper
103
11-3430 ELECTION LAWS
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 resi-
dence 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 municipality, 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 :
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 signatures
of the persons whose names they purport to be.
Signed
Subscribed and sworn to before me this day of
,19
Notary public for the state of Montana.
Residing at , Montana.
My commission expires
History: En. Sec. 29, Oil. 121, L. 1923.
11-3430. (5520.30) Petitions, assembling of papers comprising — clerk's
certificate. All petition papers comprising an initiative, referendum or re-
call petition shall be assembled and filed with the clerk as one instrument.
Within ten days after a petition is filed the clerk shall determine whether it
is signed by a sufficient number of electors and shall attach thereto a certifi-
cate showing the result of his examination. If he shall certify that the
petition is insufficient he shall set forth in his certificate the particulars in
which it is defective and shall at once notify the committee of the petition-
ers of his findings.
History: En. Sec. SO, Oh. 121, L. 1923.
11-3431. (5520.31) Petitions — amendments — filing new petition not
precluded 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 amendment 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 findings 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.
History: En. Sec. 31, OH. 121, L. 1923.
104
CITIES AND TOWNS 11-3531
CHAPTER 35
CITY AND COUNTY CONSOLIDATED GOVERNMENT (continued)
Section 11-3530. Elections— officers to act. ■ ■. »
11-3531. Municipal primary election — when held — nominees, majority vote
elects — time for polls to be open — conduct of election.
11-3532. Nominating petitions.
11-3533. Form of nominating petition.
11-3534. Filing of petitions — notification of nominees — entry of names on ballot.
11-3535. Ballots — party designation forbidden — form.
11-3536. Ballot — order of names.
11-3537. Ballots — blank spaces.
11-3538. Notices — primary election — municipal election — publication.
11-3539. Ballots at municipal election — what names to appear.
11-3540. Removal of commissioners — recall petitions.
11-3541. Recall petitions — signatures — filing — amendment.
11-3542. Recall election — notice to officer whose removal sought — time for
holding.
11-3543. Separate removals require separate petitions — nomination of succes-
sors.
11-3544. Recall elections — voting machines not used — form of ballots.
11-3545. Result of votes — removal — designation of successor.
11-3546. Resignation pending recall election, result of.
11-3547. Limitation on filing recall petitions.
11-3549. Political participation by appointees forbidden.
11-3550. Penalizing appointees for not participating in politics forbidden —
appointees not to act as officers of political organization or circulate
petitions.
11-3551. Penalty for violations.
11-3559. Resolution declaring creation of consolidated government — effective
date of merger — legal status.
11-3530. (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 members
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 com-
missioners 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 commis-
sion thereunder, the powers and duties of county clerks and boards of county
commissioners under the general election laws of the state shall devolve
upon the clerk and commission of the municipality and, except as otherwise
provided in this act, the provisions of such laws shall continue to apply to
all elections held within the municipality.
History: En. Sec. 89, Ch. 121, L. 1923.
11-3531. (5520.91) Municipal primary election— when held— nominees,
majority vote elects — ^time for polls to be open — conduct of election. A
municipal primary election for the choice of members of the commission
shall be held on the last Tuesday in April in each year in which members of
the commission are to be elected. All candidates for the commission re-
ceiving a majority of the votes cast at the municipal primary election shall
be deemed and declared elected to the commission. If candidates equal to the
number of members of the commission to be elected do not receive a majority
of the votes cast at such primary election, a municipal primary election shall
be held on the first Tuesday in June next following the election. At all muni-
cipal elections the polls shall be open from 8 a. m. to 6 p. m. The time,
105
11-3532 ELECTION LAWS
manner and method of establishing election precincts and polling places
and appointment of judges of election and the method of conducting elec-
tion, registering voters therefor, counting the votes cast thereat, and can-
vassing the returns thereof, shall be as prescribed by the general election
laws of the state.
History: En. Sec. 90, Oh. 121, L. 1923.
11-3532. (5520.92) Nominating petitions. Any elector of the munici-
pality eligible to membership in the commission may be placed in nomina-
tion therefor by petition filed with the clerk and signed by at least two per
centum (2%) of the qualified electors whose names appear upon the official
register of voters of the municipality. The signatures to a nominating
petition need not all be appended to one paper, but to each separate leaf of
the petition there shall be attached an affidavit of the circulator thereof
stating that each signature appended thereto was made in his presence and
is the genuine signature of the person whose name it purports to be. Each
signer of a petition shall sign his name in ink or indelible pencil and, after
his name, shall designate his residence by street and number or other de-
scription sufficient to identify the place, and give the date when his signature
was made. No elector shall sign petitions for more candidates for the com-
mission than the number of places to be filled therein at the forthcoming
primary election.
History: En. Sec. 91, Oh. 121, L. 1923.
11-3533. (5520.93) Form of nominating petition. The form of nomina-
ting 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 nominating petitions for more than
candidates for the commission.
Residence (street and number) or description to identify place.
Name. Date.
State of Montana, city and county bf ss.
, being duly sworn, deposes and says that he
is the circulator of this petition paper ; that the signatures appended there-
to were made in his presence and are the genuine signatures of the persons
whose names they purport to be.
Signed
Subscribed and sworn to before me this day of
,19
Notary public for the state of Montana, residing at ,
Montana. My commission expires , 19
mstorr. En. see. 92, at. Ifll. L. 1923.
106
CITIES AND TOWNS 11-3538
11-3634. (5520.94) Filing of petitions — notification of nominees — entry
of OAmes on ballot. All separate leaves comprising a nominating petition
shall be assembled and filed with the clerk as one instrument at least thirty
days prior to the next succeding last Tuesday in April. Within five days
after the filing of the nomination petition the clerk shall notify the person
name4 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 accept-
ance of the nomination.
History: En. Sec 93, Ch. 121, L. 1923.
11-3535. (5520.95) Ballota — 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 candidates
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
History: En. Sec. 94, Oh. 121, L. 1923.
11-3536. (5520.96) Ballot — order of names. At 2 o'clock p. m. on the
tenth day before any election at which members of the commission are to
be nominated and elected, the clerk shall publicly determine by lot the order
in which the names of candidates for election to the commission shall be
printed on the ballots, or appear on any voting machine, to be used at
such election.
History: En. Sec. 95, Oil. 121, L. 1923.
11-3537. (5520.97) Ballots— blank spaces. As many blank spaces shall
be left on the ballots below the printed names of candidates for the commis-
sion 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.
History: En. S«c. 96, OIl 121, L. 1923.
11-3538. (5520.98) Notices — primary election — mtmicipal election —
publication. On the tenth day prior to the municipal primary election the
clerk shall cause notice thereof to be published in such daily newspaper or
107
11-3539 ELECTION LAWS
newspapers, printed and published within and of general circulation in the
municipality as the commission may have designated, and if there be no daily
newspaper then in such weekly newspaper or newspapers as may be so
designated. In case the commission fail to designate such newspaper or
newspapers, the clerk shall cause the notice to be published in such news-
paper 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 commission nominated as hereinbefore pro-
vided, and state the time of holding the election. On the tenth day prior
to a municipal election held on the first Tuesday in June the clerk, under
like conditions, shall cause a similar notice to be published concerning that
election. The commission may also provide for giving notice of such elec-
tions by other means.
History: En. Sec. 97, Ch. 121, L. 1923.
11-3539. (5520.99) Ballots at municipal election — what names to ap-
pear. At any municipal election held for the choice of members of the
commission of the first Tuesday in June following a municipal primary
election there shall be printed on the ballots and placed on the voting
machines the names of the candidates receiving the highest number of votes
at the municipal primary election, except the names of those elected to the
commission thereat, and the number of names so printed on the ballots and
placed on the voting machines shall be equal to double the number of places
remaining to be filled in the commission. If, by reason of their having re-
ceived 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 pro-
visions of this section the names of all such candidates receiving the same
number of votes shall be printed on the ballots and placed on the voting
machines. The candidates for the commission at an election held on the
first Tuesday in June, equal in number to the places remaining to be filled
in the commission, who receive the highest number of votes shall be declared
elected. A tie between two or more candidates shall be decided by lot in the
presence of such candidates and under the direction of the clerk.
History: En. Sec. 98, Ch. 121, L. 1923.
11-3540. (5520.100) Removal of commissioners — recall petitions. Any
member 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
108
CITIES AND TOWNS 11-3544
name of the elector to whom issued, the date of issuance, the number of
papers issued, and shall certify on each paper the name of the elector and the
date of issuance. No petition paper shall be accepted as part of a petition
unless it bear such certification of the clerk and unless filed as hereinafter
provided.
Hiijtory: En. Sec. 90, Oh. 121, L. 1923.
11-3541. (5520.101) Recall petitions — signatures — flling — amend-
ment. A petition for a recall election to be effective must be returned and
filed with the clerk within thirty days after the filing of the affidavit as pro-
vided in last preceding section, and to be sufficient must be signed by at
least twenty per centum (20%) of the qualified electors of the municipality
whose names appear on the official register of voters of the municipality
on the date when such petition is returned and filed with the clerk. If any
such petition is insufficient as originally filed it may be amended as provided
in this act.
History: En. Sec. 100, Cli. 121, L. 1923.
11-3542. (5520.102) Recall election — ^notice to oflScer 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 sub-
mit 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 pre-
sented 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.
History: En. Sec. 101, Ch. 121, L. 1923.
11-3543. (5520.103) Separate removals require separate petitions —
nomination of successors. The question of recalling any number of mem-
bers 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 nomina-
tion by petition signed, filed and verified as provided for nominating peti-
tions 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.
History: En. Sec. 102, Ch. 121, L. 1923.
11-3544. (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:
109
11-3545 ELECTION LAWS
RECALL ELECTION
City and County of
(Month and day of month) 19.
SHALL (name of person) BE REMOVED FROM THE COMMISSION
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.
History: En. Sec. 103, Oh. 121, L. 1923.
11-3545. (5520.105) Result of votes — removal — designation of succes-
sor. 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 oflfice 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 mem-
ber he shall, regardless of any defect in the recall petition, be deemed re-
moved from office. When a member is removed from the commission bj'
recall the candidate to succeed such member who receives the highest num-
ber of votes shall succeed the member so removed for the unexpired term.
History: En. Sec. 104, Ch. 121, L. 1923.
11-3546. (5520.106) Resignation pending recall election, result of. If
a person in regard to whom a recall petition is submitted to the commission
shall resign from office after notice thereof no election shall be held and
some eligible person shall be chosen by a majority vote of the remaining
members to fill the place for the unexpired term ; but the member so resign-
ing shall not be chosen by the commission to succeed himself.
History: En, Sec. 105, Ch. 121, L. 1925.
11-3547. (5520.107) Limitation on filing recall petitions. No recall
petition shall be filed in respect to any member of the commission within
three months after he takes office nor in ease of a member subjected to a
recnll election and not removed thereby, until at last six months after that
election.
History: En. Sec. 106, Ch. 121, L. 1923.
11-3549. (5520.109) Political participation by appointees forbidden.
No person holding an appointive office or position in the municipal govern-
ment shall directly or indirectly solicit or receive, or be in any manner con-
cerned in soliciting or receiving, any assessment, subscription or contribu-
110
CITIES AND TOWNS 11-3559
tion for any political party or purpose whatever. No person shall orally or
by letter solicit, or be in any manner concerned in soliciting, any assessment,
subscription or contribution for any political party or purpose from any
person holding an appointive office or position in the municipal government.
No person shall use or promise to use his influence or official authority to
secure any appointment, or prospective appointment to any position in the
service of the municipality as a reward or return for personal or partisan
political service. No person shall take part in preparing any political
assessment, subscription or contribution with the intent that it should be
sent or presented to or collected from any person in the service of the
municipality, nor shall he knowingly send or present directly or indirectly,
in person or otherwise, any political assessment, subscription or contribution
to, or request its payment by any person in such service,
ffistory: En. Sec. 108, Ch. 121, L. 1923.
11-3550. (5520.110) Penalizing appointees for not participating in
politics forbidden — appointees not to act as officers of political organization
or circulate petitions. No person in the service of the municipality shall
discharge, suspend, lay off, reduce in grade, or in any manner change the
official rank or compensation of any person in such service or threaten to
do so, for withholding or neglecting to make any contribution of money or
service or any valuable thing for any political service. No person holding
an appointive office or place in the municipal government shall act as an
officer in a political organization, or serve as a member of a committeee of
any such organization, or circulate or seek signatures for any petition pro-
vided for by primary or election laws.
History: En. Sec. 109, Ch. 121, L. 1923.
11-3551. (5520.111) Penalty for violations. Any person who, by him-
self or in cooperation with one or more persons, wilfully or corruptly vio-
lates any of the provisions of sections 11-3549 and 11-3550 of this act shall
.be guilty of misdemeanor and shall, upon conviction thereof, be punished by
a fine of not less than fift5^ dollars nor more than five hundred dollars or by
imprisonment for a term not exceeding three months, or by both such fine
and imprisonment, and if he be an officer or employee of the municipality
he shall immediately forfeit his office or employment.
History: En. Sec. 110, Ch. 121, L. 1923.
11-3559. (5520.119) Resolution declaring creation of consolidated gov-
ernment— effective date of merger — ^legal status. At the first meeting of
the commission whose members are first elected under the provisions of this
act, such commission shall adopt a Resolution reciting the filing of the
petition provided for in section 11-3402, the ordering and holding of a spe-
cial 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 munici-
pality, which resolution must be in duplicate, and signed by all of the
members of the commission and also entered at length on the journal of
the commission. One copy of such commission must be filed in the office of
the clerk of the commission and the other copy thereof must be trans-
Ill
11-3601 ELECTION LAWS
mitted to and filed in the ofiSce 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 provided, 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 legislative 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.
History: En. Sec. 118, Ci. 121, K 1923.
CHAPTER 36
METEOPOLITAN SANITARY DISTEICTS
(Repealed — Section 14, Chapter 185, Laws of 1957)
11-3601 to 11-36U. Repealed.
B«peal ing however, that any metropolitan sani-
These sections (Sees. 1 to 11, Ch. 292, tary sewer districts established under the
L. 1947), relating to metropolitan sani- provisions of chapter 292, Laws of 1947,
tary districts, were repealed by Sec. 14, shall be valid, and any obligations in-
Ch. 185, Laws 1957. For new provisions curred thereunder shall in nowise be af-
see 16-4401 to 16-4413. fected by the repeal of said chapter 292,
The repealing clause also contained a Laws of 1947."
savings provision. It read: "Chapter 292,
Laws of 1947, is hereby repealed, provid-
CHAPTER 37
OFF-STREET PARKING FACILITIES
Section 11-3703. Creation of parking commissions — revenue bonds.
11-3703. Creation of parking commissions — revenue bonds. A city may
create, as provided for in this section, a public body corporate and politic
to be known as the "parking commission" of the city. The commission
of any city shall not transact any business or exercise any powers under
this act unless and until the legislative body of the city shall by resolution
declare at any time hereafter that there is need for a parking commission
to function in such city. The determination as to whether there is need
for a commission to function may be made by the legislative body on its
own motion or upon the filing of a petition signed by one hundred (100)
residents of the city, asserting that there is need for a commission to func-
tion in such city and requesting that the legislative body so declare.
In any suit, action or proceeding by or against or in any manner
relating to a parking commission, the commission shall be conclusively
deemed to have become established and authorized to transact business
and exercise its powers upon proof of the adoption of a resolution by the
112
CITIES AND TOWNS 11-3906
legislative body declaring the need for the commission to function. A citj'
shall not transact any business or exercise any powers of this act unless
and until the legislative body of the city shall by resolution declare "that
there is need for such city to exercise the powers of a parking commission
as provided in this act.
Either or both such resolutions may be adopted by the legislative body
of a city. If both such resolutions are adopted they shall clearly specify
areas within the city less than the whole thereof, within which, or projects
over which, the commission and the city, respectively, are to have juris-
diction and control. The division of such jurisdiction and control shall
be as so specified, but may be changed from time to time by action of both
the legislative body and the commission, to such extent as may be con-
sistent with obligations to bondholders assumed under this act.
The power to issue revenue bonds as provided in this act shall not be
operative in any city until the legislative body, either at a general or a
special election, shall submit to the electors, whose qualifications shall be
the same as those required for voting at municipal elections in the city for
elective officers thereof, the question as to whether the legislative body, or
the commission, or both, shall be authorized to adopt the revenue bond
method of financing projects provided for herein. Such question may be
placed before the electors and notice thereof given in the same manner
as provided by law for referring ordinances of the city to the electors. The
provisions relating to the qualifications of electors and manner of submis-
sion of the question to the electors for the purposes of this act shall govern
and be controlling, any provision of law to the contrary notwithstanding.
History: En. Sec. 3, Ch. 223, L. 1951;
amd. Sec. 2, Ch. 127, L. 1955.
CHAPTER 39
UEBAN EENEWAL LAW
Section 11-3906. Preparation and approval of urban renewal projects and urban re-
newal plans.
11-3906. Preparation and approval of urban renewal projects and
urban renewal plans, (a) A municipality shall not approve an urban
renewal project for an urban renewal area unless the local governing body
has, by resolution, determined such area to be a blighted area and des-
ignated such area as appropriate for an urban renewal project. The local
governing body shall not approve an urban renewal plan until a compre-
hensive plan or parts of such plan for an area which would include an
urban renewal area for the municipality have been prepared. For this
purpose and other municipal purposes, authority is hereby vested in every
municipality to prepare, to adopt, and to revise from time to time, a
comprehensive plan or parts thereof for the physical development of
the municipality as a whole (giving due regard to the environs and metro-
politan surroundings), to establish and maintain a planning commission
for such purpose and related municipal planning activities, and to make
available and to appropriate necessary funds therefor. A municipality shall
not acquire real property for an urban renewal project unless the local
113
11-3906 ELECTION LAWS
governing body has approved the urban renewal project plan in accordance
with subsection (d) hereof.
(b) The municipality may itself prepare or cause to be prepared an
urban renewal plan, or any person or agency, public or private, may
submit such a plan to the municipality. Prior to its approval of an urban
renewal project, the local governing body shall submit such plan to the
planning commission of the municipality for review and recommendations
as to its conformity with the comprehensive plan or parts thereof for the
development of the municipalit}' as a whole. The planning commission
shall submit its written recommendations with respect to the proposed
urban renewal plan to the local governing body within sixty (60) days
after receipt of it. Upon receipt of the recommendations of the planning
commission, or if no recommendations are received within said sixty (60)
days, then without such recommendations, the local governing body may
proceed with the hearing on the proposed urban renewal project plan
prescribed by subsection (c) hereof.
(c) The local governing body shall hold a public hearing on an urban
renewal plan after public notice thereof. Such notice shall be given by
publication once each week for two consecutive weeks not less than ten
(10) nor more than thirty (30) days prior to the date of the hearing in a
newspaper having a general circulation in the urban renewal area of the
municipality and by mailing a notice of such hearing not less than ten
(10) days prior to the date of the hearing to the persons whose names
appear on the county treasurer's tax roll as the owner or reputed owner
of the property, at the address shown on the tax roll. The notice shall
describe the time, date, place, and purpose of the hearing, shall generally
identify the urban renewal area affected, and shall outline the general scope
of the urban renewal plan under consideration.
(d) Following such hearing, the local governing body may approve
an urban renewal project if it finds that (1) a workable and feasible plan
exists for making available adequate housing for the persons who may be
displaced by the project; (2) the urban renewal plan conforms to the
comprehensive plan or parts thereof for the municipality as a whole;
(3) the urban renewal plan will afford maximum opportunity, consistent
with the sound needs of the municipality as a whole, for the rehabilita-
tion or redevolpment of the urban renewal area by private enterprise;
and (4) that a sound and adequate financial program exists for the financing
of said project.
Provided, that the local governing body must find the urban renewal
project area to be blighted area as defined in section 11-3901, subsection (b).
(e) An urban renewal project plan may be modified at any time by
the local governing body: Provided, that if modified after the lease or
sale by the municipality of real property in the urban renewal project area,
such modification shall be subject to such rights at law or in equity as
a lessee or purchaser, or his successor or successors in interest may be
entitled to assert.
(f) Upon the approval of an urban renewal project by a municipality,
the provisions of the urban renewal plan with respect to the future use and
114
COUNTIES 16-301
building requirements applicable to the property covered by said plan
shall be controlling with respect thereto.
(g) Upon the approval of an urban renewal project by a municipality
the plan shall be submitted to a vote of the taxpayers of such municipal-
ity and shall be approved by a majority of those taxpayers voting on
such question. If the plan or any subsequent modification thereof in-
volves financing by the issuance of general obligation bonds of the mu-
nicipality as authorized in section 11-3913, subsection (c), or the financing
of water or sewer improvements by the issuance of reverue bonds under
the provisions of Title 11, chapter 24, or of sections 11-2217 to 11-2221, in-
clusive, the question of approving the plan and issuing such bonds shall be
submitted to a vote of the taxpayers of such municipality in accordance
with the provisions of sections 11-2308 to 11-2310, inclusive, at the same elec-
tion and shall be approved by a majority of those taxpayers voting on such
question. Aiding in the planning, undertaking or carrying out of an urban
renewal project approved in accordance with this section shall be deemed a
single purpose for the issuance of general obligation bonds, and the proceeds
of such bonds authorized for any such project may be used to finance the
exercise of any and all powers conferred upon the municipality by section
11-3907 which are necessary or proper to complete such project in accord-
ance with the approved plan and any modification thereof duly adopted by
the local governing body. Sections 11-2306 and 11-2307 shall not be appli-
cable to the issuance of such bonds.
History: En. Sec. 6, Ch.. 195, L. 1959;
amd. Sec. 2, Ch. 38, L. 1965.
TITLE 16
COUNTIES
CHAPTER 3
REMOVAL OF COUNTY SEATS
Section 16-301. Removal of county seat — petition.
16-302. Submission to electors — who are taxpayers.
16-303. Election, notice of, how held and conducted.
16-304. Voter to vote for place he prefers.
16-305. Publication of result.
16-306. Place chosen to be county seat.
16-307. Statement of result and notice transmitted.
16-308. No second election to be held within four years.
16-309. County seat may be removed from time to time.
16-301. (4369) Removal of county seat — petition. Whenever the in-
habitants 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
115
16-302 ELECTION LAWS
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 regxdar
meeting of said board of county commissioners. Such petition must be
filed with the county clerk, and the county clerk, immediately upon the
filing of said petition, must cause to be printed in every newspaper pub-
lished within said county a notice to the effect that a petition praying
for the removal of said county seat has been filed with the county clerk,
and that said petition is open to the inspection of any and all persons
interested therein, and that said petition will be presented to the board
of county commissioners at its next regular session for action thereon. No
other or additional petition than the one originally filed shall be con-
sidered by the board of county commissioners, except that at any time on or
before the date fixed for the hearing, any person having signed the original
petition for the removal of the county seat may file a statement in writing
with the county clerk that he desires to have his name withdrawn from
such petition; provided, that not more than one withdrawal shall be per-
mitted by the same person.
History: En. Sec. 4157, Pol. C. 1895; 1915; amd. Sec. 1, Oh. 10, L. 1919; re-en.
amd. Sec. 1, p. 145, L. 1901; re-en. Sec. Sec. 4369, R. C. M. 1921. Cal. Pol. C. Sec.
2851, Rev. C. 1907; amd. Sec. 1, Ch. 62, L. 3976.
16-302. (4370) Submission to electors — who are ta.xpayers. If the
petition is signed by sixty-five per cent of the taxpayers of such county,
the board of county commissioners must at the next general election submit
the question of removal to the electors of the county; provided, that the
term "taxpayers" used in this section shall be deemed to mean "ad valorem
taxpayers," and that for the purpose of testing the suflSciency of any peti-
tion which may be presented to the county commissioners as provided in
this section, the county commissioners shall compare such petition with the
poll-books in the county clerk's office constituting the returns of the last
general election held in their county, for the purpose of ascertaining
whether such petition bears the names of sixty-five per cent of the tax-
paying voters listed therein ; and they shall make a similar comparison
of the names signed to the petition with those appearing upon the listed
assessment roll of the county for the purpose of ascertaining whether the
petition bears the names of sixty-five per cent of the ad valorem tax-
payers as listed in said assessment roll; and if such petition then shows
that it has not been signed by sixty-five per cent of the voters of the
county who are ad valorem taxpayers thereof, after deducting from the
said original petition the names of all persons who may have signed
such original petition, and who may have filed, or caused to be filed, with
the county clerk of said county or the board of county commissioners, on
or before the date fixed for the hearing, their statement in writing of the
withdrawal of their names from the original petition, it shall be deemed
insufficient, and the question of the removal of the county seat shall not
be submitted.
116
COUNTIES 16-308
History: En. Sec. 4158, Pol. C. 1895; 1919; re-en. Sec. 4370, R. C. M. 1921. Cal.
amd. Sec. 2, p. 146, L. 1901; re-en. Sec. Pol. C. Sec. 3977.
2852, Rev. C. 1907; amd. Sec. 2, Ch. 10, L.
16-303. (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.
History: En. Sec. 4159, Pol. C. 1895;
re-en. Sec. 2853, Rev. C. 1907; re-en. Sec,
4371, R. C. M. 1921. Cal. Pol. C. Sec. 3979.
16-304. (4372) Voter to vote for place he prefers. In voting on the
question, each elector must vote for the place in the county which he pre-
fers, by placing opposite the name of the place the mark X.
History: En. Sec. 4160, Pol. C. 1895;
re-en. Sec. 2864, Rev. C. 1907; re-en. Sec.
4372, R. C. M. 1921. Cal. PoL C. Sec. 3980.
16-305. (4373) Publication of result. When the returns have been re-
ceived and compared, and the results ascertained by the board, if a majority
of the qualified electors of the county have voted in favor of any particular
place, the board must give notice of the results by posting notices thereof
in all the election precincts of the county, and by publishing a like notice
in a newspaper printed in the county at least once a week for four weeks.
History: En. Sec. 3, p. 146, L. 1901; Ch. 27, L. 1921; re-en. Sec. 4373, R. 0. M.
'le-em. Sec. 2855, Rev. C. 1907; amd. Sec. 1, 1921. Cal. Pol. C. Sec. 3981.
16-306. (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.
History: En. Sec. 4162, Pol. C. 1895;
re-en. Sec. 2856, Rev. C. 1907; re-en. Sec.
4374, R. C. M. 1921. CaL Pol. C. Sec. 3982.
16-307. (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 commissioners, show-
ing the result thereof, must be deposited in the office of the county clerk,
and whenever the board gives the notice prescribed by section 16-306 of this
code, they must transmit a certified copy thereof to the secretary of state.
History: En. Sec. 4163, Pol. C. 1895;
re-en. Sec. 2857, Rev. C. 1907; re-en. Sec.
4375, R. C. M. 1921. Cal. Pol. 0. Sec, 3983.
16-308. (4376) No second election to be held within four years. When
an election has been held and a majority of the votes are not cast for some
other place than that fixed by law as the former county seat, no second
election for the removal thereof must be held within four years thereafter.
History: En. Sec, 4164, Pol, C, 1895;
re-en. Sec. 2858, Rev. C. 1907; re-en. Sec.
4376, R. 0. M. 1921, Cal. Pol. C. Sec. 3984.
117
16-309 ELECTION LAWS
16-309. (4377) Coitnty seat may be removed from time to time. When
the county seat of a county has been once removed by a popular vote of the
people of the county, it may be again removed from time to time in the
manner provided by this chapter.
History: En. Sec. 4, Ch. 146, L. 1901;
re-en. Sec. 2859, Rev. C. 1907; re-en. Sec.
4377, R. C. M. 1921. Cal. Pol. C. Sec. 3985.
CHAPTER 4
LOCATION OF COUNTY SEATS
Section 16-401. Meeting and organization of board of commissioners on creation of
new county — county clerk.
16-402. Designation of temporary county seat — special election.
16-403. Proceedings after petition for county seat election.
16-404. Division of county into registration and polling precincts.
16-405. Registration of voters.
16-406. Judges of election — ballots, books and records.
16-407. Applicability of general election laws.
16-408. Form of ballot.
16-409. Canvass of returns — result of election.
16-410. Ke-election in case of failure to select county seat.
16-411. Applicability of general laws to new counties and officers.
16-412. Submission of question of locating permanent county seat to voters —
elections.
16-401. (4378) Meeting and organization of board of commissioners on
creation of new county — county clerk. Whenever a county is created here-
after in this state by legislative enactment, it shall be the duty of the per-
sons 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 commissioners, 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
of such meeting.
History: En. Sec. 1, Ch. 135, L. 1911;
re-en. Sec. 4378, R. C. M. 1921.
16-402. (4379) Designation of temporary county seat — special election.
(1) Immediately after the organization of the board of county commis-
sioners, as provided in the preceding section, said board shall, by a resolu-
tion 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
118
COUNTIES 16-402
permanent county seat is located by the electors of said county at the
general election to be held on the first Tuesday after the first Monday of
November of the next even-numbered year after the creation of the county,
or at a special election as hereinafter provided.
(2) In the event of a majority of the county commissioners failing to
agree upon the location of the temporary county seat, then each county com-
missioner shall v^rite 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 commis-
sioners, shall draw out one of the said slips. Thereupon the county com-
missioners 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.
(3) At said first general election after the creation of the county, it
shall be the duty of the board of county commissioners and county clerk to
have separate official ballots printed and distributed for the use of the
electors at said election; which ballots shall be in the form and contain
the same matter as the ballots provided for in section 16-408 of this code,
and the provisions of section 16-409 of this code shall apply to and govern
the manner of voting and of canvassing said ballots, and the board of
county commissioners shall declare the result of such election and the
location of the permanent county seat, and said county seat shall be lo-
cated in the manner and according to the provisions of said section 16-409.
(4) 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 estab-
lished and existing in the territory embraced in the new county at the
last general election held therein.
(5) 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 person signing said peti-
tion or petitions appear in the last assessment-books of his county, and
also in the registration-books of his county containing the names of the
electors registered in the last general election in the districts now embraced
in the new county.
History: En. Sec. 2, Ch. 135, L. 1911;
re-en. Sec. 4379, B. C. M. 1921.
119
16-403 ELECTION LAWS
16-403. (4380) 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 im-
mediately 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 consider-
ing 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 pre-
ceding 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.
mstory; En. Sec. 3, Ch. 135, L. 1911;
re^en. Sec. 4380, B. C. M. 1921.
16-404. (4381) Division of county into registration and polling pre-
cincts. At the meeting of the board at which the special election is called
for the purpose of locating the permanent county seat, the board shall, by
resolution spread upon its minutes, divide the county into registration dis-
tricts and establish polling precincts in the manner provided by law. It must
also, at such meeting, make an order designating the house or place within
each precinct where the election shall be held. It must also at the same
session of the board appoint registry agents for the several registration
districts established by it, who must possess the qualifications required by
law for registry agents. The county clerk must furnish the said registry
agents with books, blanks, and other stationery required for the proper
performance of their duties.
History: En. Sec. 4, Ch. 135, L. 1911; tors held impliedly repealed by Ch. 122,
re-en. Sec. 4381, R. C. M. 1921. Laws of 1915, sections 23-501 to 23-534
NOTE.— Sections 16-404 (4381) and 16- (553 to 586). Opinions of Attorney General
405 (4382) relating to registration of elec- ^ol. 8, Pg. 247.
16-405. (4382) Registration of voters. The period for the registration
of electors shall be between the hours of nine a. m. and nine p. m. on all legal
days from nine a. m. of the fourth Monday prior to the date of said election
to nine p. m. of the second following Saturday. It shall be the duty of
each registry agent to publish and post notices of the time and places of
registration in the manner provided by law for the publication of notices
of registration for general elections. No person shall be entitled to regis-
ter 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
120
COUNTIES 16-408
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 insofar
as the same do not conflict herewith.
History: En. Sec. 5, Ch. 135, L. 1911; was repealed by chapter 113, Laws of 1911.
re-en. Sec. 4382, R. C. M. 1921. This section held impliedly repealed, see
NOTE.— Section 479, referred to above, note to sec. 16-404.
16-406. (4383) Judges of election — ^ballots, books and repords. 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 at said election. It shall be the duty of the county
clerk to have printed and distributed to the judges of election the necessary
ballots, the form of which shall be as provided in sections 16-402, 16-408, and
16-410 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.
History: En. Sec. 6, Ch. 135, L. 1911;
re-en. Sec. 4383, R. C. M. 1921.
16-407. (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.
History: En. Sec. 7, Ch. 135, L. 1911;
re-en. Sec. 4384, R. C. M. 1921.
16-408. (4385) Form of ballot. The form of the ballot used at such
elections shall be as follows: There shall be a stub across the top of each
ballot, and separated therefrom by a perforated line. The part above the
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:
"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.
History: En. Sec. 8, Ch. 135, L. 1911;
re-en. Sec. 4385, R. C. M. 1921.
121
16-409 ELECTION LAWS
16-409. (4386) Canvass of returns — result of election. When the name
of a town or place in a county shall be so inserted in the blank space on
such ballot by an elector, and the ballot has been cast as provided by law,
the same shall be deemed a vote for the designated town or place as the
location of the permanent county seat of said county. The board of county
commissioners of said county shall canvass the returns of said election in
the manner provided by law for the canvassing of election returns, and
upon such canvassing of returns the town or place found to have received
a majority of all votes cast on such questions shall be declared by the
board the permanent county seat of the county. The order declaring the
result of such election shall be entered of record in the minutes of the pro-
ceedings of the board of county commissioners by the county clerk, and
from the date of the declaration of the results of the election the town or
place selected shall be and remain, until lawfully changed in the manner
provided by law, the permanent county seat of such county. Within ten
days after the declaration of the result of such election, all records and
county offices of the county, if elsewhere located, must be moved to and
remain at the place declared the permanent county seat.
History: En. Sec, 9, Ch. 135, L. 1911;
re-en. Sec. 4386, B. C. M. 1921.
16-410. (4387) Re-election in case of failure to select county seat. If
no town or place receives a majority of all votes cast on such question,
then the town or place receiving the highest number of votes shall be de-
clared by the board and immediately become the temporary county seat of
the county, and at the next general election the two towns or places receiv-
ing the greatest number of votes at said first election shall be the candidates
for the permanent county seat. At said next general election, the county
clerk shall have separate ballots in the form provided for in section 16-408
of this code printed and distributed as provided by law containing the
names of said candidates for the permanent county seat. On the stub of
such ballots shall be printed the following instructions :
"To vote this ballot the elector will place an X in the square before
the name of the town he intends to vote for."
The form of such ballots below the perforated line shall be as follows:
.for the permanent county seat
for the permanent county seat
Of said towns or places the one receiving a majority of all the votes
cast on such question shall be declared the permanent county seat, and the
board of county commissioners must canvass the returns and declare the
result, and the county seat must be located in accordance with the provi-
sions of this act.
History: En. Sec. 10, Ch. 135, L. 1911;
re-en. Sec. 4387, R. 0. M. 1921.
16-411. (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
122
COUNTIES 16-412
duties, shall be applicable to a new county and the oflScers thereof from and
after the creation of the county, except as otherwise provided in this act, or
the act creating the county.
History: En. Sec. 11, Ch. 136, L. 1911;
re-en. Sec. 4388, E. 0. M. 1921.
16-412. (4389) Submission of question of locating permanent county
seat to voters — elections. Any county heretofore created, in which the
permanent county seat has not been located by valid election held for the
purpose of locating the permanent county seat of said couniy, may have a
special election, for the purpose of voting on such question, called and
held under the provisions of this act, or if no special election is held for
such purpose, then said question shall be submitted by the county commis-
sioners at the next general election after the passage of this act and in
the manner provided herein for the submission of such questions at gen-
eral 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 aggregate the names of one hundred taxpaying electors
of such county, whose names appear upon the last assessment book, and
also on the last registration-books of said county, are filed with the clerk
of the board of county commissioners within six months after the passage
and approval of this act.
Upon the filing of such petition or petitions within said time, contain-
ing 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 estab-
lished 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.
History: En. Sec. 12, Oh. 135, L. 1911;
re-en. Sec. 4389, B. C. M. 1921.
CHAPTER 5
CREATION OF NEW COUNTIES BY PETITION AND ELECTION
Section 16-501. Creation of new counties — debts and assets prorated — ^minimum area
and valuation.
16-502. Basis of taxation upon creation of new county — ^tenns used in law
defined.
16-503. Cities and towns eligible for county seat.
16-504. Petition for creation of new county — attached affidavits — notice and
hearing.
16-505. Duty of commissioners when findings justify new county— division into
township, road and school districts— change of boundaries of election
precincts — election — temporary county scat.
16-506. Measures to be taken after election — officers — effect of adverse vote.
16-507. Officers of new county — judicial district.
123
16-501 ELECTION LAWS
16-509. Board of county commissioners to be elected.
16-517. Publication by posting of notice.
16-519. Misdemeanor and malfeasance in office.
16-520. Bepealing and saving clause.
16-501. (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 counties,
which shall have been created and in existence for a period of more than
two years, in the manner set forth and provided in this act; provided, how-
ever, that no new county shall be established which shall reduce any county
to an assessed valuation of less than twelve million dollars ($12,000,000.00),
inclusive of all assessed valuation as shown by the last preceding assess-
ment ; 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, exclu-
sive 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 ($10,000,000.00), inclusive of all as-
sessed valuation as shown by the last preceding assessment, of the county
or counties from which such new county is to be established, nor shall any
new county be formed which contains less than one thousand square miles
of surveyed land exclusive of all forest reserve land or Indian reservations,
not open for settlement, nor shall any line thereof pass within fifteen miles
of the court house situate at the county seat of the county sought to be
divided ; provided, that such county line may be run within a distance of
ten miles of a county seat in cases where the natural contour of the county,
by reason of mountain ranges or other topographical conditions, is such as
to make it difficult to reach the county seat, and in such cases a petition,
signed by at least fifty-eight per centum (58%), of the voters in the pro-
posed 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 topo-
graphical 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 16-504 of this code.
Every county which shall be enlarged or created from the territory
taken from any other county or counties shall be liable for a prorata pro-
portion of the existing debts and liabilities of the county or counties from
which such territory shall be taken, and shall be entitled to a prorata pro-
portion of the assets of the county or counties from which such territory is
taken, to be determined as provided by section 16-502, 16-503 and 16-511.
History: The first new county act was plete new county law esnacteA by Ch. 139,
Ch. 112, L. 1911. The first four sections L. 1915, which was repealed by Oh. 226, L.
of this act were amended and the rest re- 1919. This section en. Sec. 1, Ch. 226, L.
enacted by Ch. 133, L. 1913; Sec. 7 of the 1919; re-en. Sec. 4390, R. 0. M. 1921; amd.
act was also amended by Ch. 135, L, 1913. Sec. 1, Ch. 106, L. 1929.
Ail these acts were repealed and a com-
16-502. (4391) Basis of taxation upon creation of new county — terms
used in law defined. For the purposes of this act the assessed valuation of
124
COUNTIES 16-504
all property, whether included within the boundaries of a proposed new
county, or remaining within the boundaries of any existing county or coun-
ties 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 84-302.
Whenever in this act the term "assessed valuation" or "valuation based
on the last assessment roll" is used, said terms shall be construed as mean-
ing taxable valuation determined as herein provided, not the full and true
valuation of property.
History: En. Sec. 1, Ch. 16, Ex. L.
1919; re-en. Sec, 4391, R. C. M. 1921.
16-503. (4392) Cities and towns eligible for county scat. No city,
town, or village shall become the temporary or permanent county seat of
any county organization under the provisions of sections 16-501 to 16-520
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 oflSce of the county clerk and recorder, and there be fifty quali-
fied electors residing within the boundaries of such platted village, and the
temporary county seat selected upon the organization of such county shall
remain as such county seat until the permanent county seat shall be estab-
lished as provided by law.
History: En. Sec, 1, Ch. 16, Ex. L.
1919; re-en. Sec, 4392, R. C, M, 1921.
16-504. (4393) Petition for creation of new county — attached affidavits
— ^notice and hearing. (1) Whenever it is desired to divide any county or
counties and form a new county out of a portion of the territory of such
then existing county or counties, a petition shall be presented to the board
of county commissioners of the county from which the new county is to be
formed, in case said proposed new county is to be formed from but one
county, or to the board of county commissioners of the county from which
the largest area of territory is proposed to be taken for the formation of
such new county, in case said new county is to be formed from portions of
two or more existing counties ; and such board of county commissioners
shall be empowered and have jurisdiction to do and perform all acts pro-
vided for to'be done or performed in this act, for each of the several coun-
ties from which any proposed territory is to be taken, and shall direct that
a certified copy of all orders and proceedings had before such board of
county commissioners shall be certified by the county clerk to the board of
county commissioners of each of the several counties from which any ter-
ritory is taken by the proposed new county; and all officers of any such
county shall comply with the orders of the board of county commissioners,
in the same manner as if said order had been duly made by the board of
county commissioners of each respective county from which territory is
proposed to be taken. Such petition shall be signed by at least fifty-eight
per cent of the qualified electors of the proposed new county, whose names
125
16-504 ELECTION LAWS
appear on the ofificial registration books and who are shown thereon to have
voted at the last general election preceding the presentation of said peti-
tion to the board of county commissioners as herein provided ; provided,
that in cases where the proposed new county is to be formed from portions
of two or more counties, separate petition shall be presented from the terri-
tory taken from each county ; and each of said separate petitions shall be
signed by at least fifty-eight per cent of the qualified electors of each of said
proposed portions. Such signatures need not all be appended to one paper,
but may be signed to several petitions which must be similar in form, and
when so signed the several petitions may be fastened together and shall be
treated and presented as one petition.
(2) 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 tlie
court house situated at the county seat of any county proposed to be di-
vided, 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 affi-
davit of five qualified electors and taxpayers residing within each county
sought to be divided, to the effect that they have read said petition and ex-
amined the signatures affixed thereto, and they believe that the statements
therein are true, and that it is signed by at least fify-eight per cent of the
qualified electors as herein provided, of the proposed new county, or of the
proposed portion thereof, taken from each existing county, where the pro-
posed 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 veri-
fied, and the verification thereof, shall be accepted in all proceedings per-
mitted 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 'vith the clerk of the said board of county commis-
sioners, said clerk shall forthwith fix a date to hear the proof of the said
petitions and of any opponents thereto, which date must be not later than
thirty days after the filing of such petition with the clerk of said board.
The county clerk shall also, at the same time, designate a newspaper of
general circulation published in the old counties, but not within the pro-
posed new county, and also a newspaper of general circulation published
within the boundaries of the proposed new county, if there be such, in which
126
COUNTIES 16-504
the said county clerk shall order and cause to be published, at least once a
week for two weeks next preceding the date fixed for such hearing, a notice
in substantially the following form :
Notice
Notice is hereby given that a petition has been presented to the board
of county commissioners of county (naming the county repre-
sented by the board of county commissioners with which said petition was
filed), praying for the formation of a new county out of 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 meeting
(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 are "for the new county of
(naming the proposed new county)," "No."
(3) At the time so fixed for said hearing, the board of county commis-
sioners shall proceed to hear the petitioners and any opponents and pro-
testants upon the petition or protests filed on or before the time fixed for
the hearing. No petition or protest or petition for the exclusion of territory
shall be considered unless the same is filed at least one day before the
time fixed for the hearing, and such petition for the exclusion of territory
shall contain the names of not less than fifty per cent of the qualified elec-
tors 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 considered 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
are not filed within five days after the filing of the petition for such ex-
clusion of territory.
(4) The board of county commissioners, on the final hearing of such
petition or petitions, shall, by a resolution entered on its minutes, deter-
mine :
127
16-504 ELECTION LAWS
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 pro-
posed to take into the proposed new county.
3. Whether any line of the proposed new county passes within fifteen
miles of the court-house situate at the county seat of any county proposed
to be divided, except as hereinbefore provided.
4. Whether the proposed new county will contain property, according
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 pe-
tition.
8. Whether the area embraced within the proposed new county will be
reasonably compact.
(5) On final hearing the board of commissioners, upon petition of not
less than fifty per cent of the qualified electors (as shown by the official
registration books on the day of the filing of any such petition) of any ter-
ritory 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 in-
cluded 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 proposed 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 included
within the proposed now 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 segrega-
tion of such territory from any old county or counties shall not leave such
county or counties with less than twelve million dollars of assessed valua-
tion, based upon the last assessment-roll ; provided, that no t-hange or
128
COUNTIES 16-505
changes so made shall result in reducing the valuation 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 exclu-
sion 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 de-
termination of boundaries no changes in the boundaries originally proposed
shall be made except as prayed for in said petition or petitions, or to correct
clerical errors or uncertainties.
History: En. Sec. 2, Ch. 226, L. 1919; NOTE.— Wording of this section changed
re-en. Sec. 4393, R. C. M. 1921. to conform to amendment of section IG-
501 by Sec. 1, Ch. 106, Laws 1929.
16-505. (4394) Duty of commissioners when findings justify new county
— division into township, road and school districts — change of boundaries
of election precincts — election — temporary county seat. (1) If the said
board of county commissioners determine that the formation of said pro-
posed new county will not reduce any county from which any territory is
taken to an assessed valuation of less than twelve million dollars, inclusive
of the assessed valuation, nor the area thereof to less than twelve hundred
square miles of surveyed land, and that the proposed new county contains
property of an assessed valuation of at least ten million dollars, inclusive
of all assessed valuation, and that the proposed new county has an area
of at least one thousand square miles of land, and that no line of said pro-
posed new county passes within fifteen miles of the court house situate at
the county seat of any county proposed to be divided, except as hereinbe-
fore provided, and that said petition contains the genuine signatures of at
least fifty-eight per cent of the qualified electors of the proposed new
county, or in cases where separate petitions are presented from portions of
two or more existing counties (as herein required), that each of said pe-
titions contain the genuine signatures of at least fifty-eight per cent of the
qualified electors of that portion of the proposed new county from which
it is taken, then the said board of county commissioners shall divide the
proposed new county into a convenient number of township, road, and
school districts, and define their boundaries and designate the names of
such districts.
(2) Said board of county commissioners shall also, if necessary for
the purpose of the election hereinafter provided for, change the boundaries
of the election precincts in said old county or counties to make the same
conform to the boundaries of the proposed new county; provided, that the
boundary lines of no such precinct shall extend beyond the boundary lines
of the then existing county in which it is located, and from which the terri-
tory is proposed to be taken ; and said board shall appoint election officers
to act at said election and to be paid by said board.
(3) Within two weeks after its determination of the truth of the alle-
gations of said petition as aforesaid, the said board of county commis-
sioners shall order and give proclamation and notice of an election to be
held on a specified day in the territory which is proposed to be taken for the
129
16-505 ELECTION LAWS
new county, not less than ninety days nor more than one hundred ana
twenty days thereafter, for the purpose of determining whether such terri-
tory shall be established and organized into a new county ; and for the elec-
tion of ofiBcers and location of a county seat therefor, in case the vote at
such election shall be in favor of the establishment and organization of such
new county. All qualified electors residing within the proposed new county
who are qualified electors of the county or counties from which territory
is taken to form such proposed new county, and who have resided within the
limits of the proposed county for a period of more than six months next
preceding the day of election, and who are registered under the provisions
of the registration laws of the state, shall be entitled to vote at said elec-
tion. 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.
(4) 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 pro-
posed 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 establishment and organization of said new county shall mark a
cross (X) opposite the words, "For the new county of ,"
"No," in the manner now required by law in other elections ; and shall
also contain the names of persons to be voted for to fill the various elective
offices designated in said proclamation for counties of the class to which
said proposed county will belong, as determined by the board of county
commissioners as herein otherwise provided.
(5) 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,
nominating any city or town within the proposed new county for the county
seat, and the voter shall designate his choice for county seat by marking a
cross (X) opposite the name of the city or town for which he desires to cast
his ballot. At the special election to be held, as provided in this act, the
question of the election of the county seat is hereby provided to be sub-
mitted to the qualified electors of the proposed new county, and the ma-
jority of all the votes cast therefor shall determine the election thereon. In
case any city or town fails to receive a majority of all the votes cast, then
the city or town receiving the highest number of all votes cast shall be
130
COUNTIES 16-506
designated as the temporary county seat, and in ease any city or town is
not the choice of the election for the county seat by a majority of all the
votes cast, the question of choice between the two cities or towns for which
the highest number of votes shall have been cast shall be submitted in like
manner to the qualified electors at the next general election thereafter.
When the county seat shall have been selected as herein provided, it shall
not thereafter be changed except in the manner provided by law.
(6) 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 oflScers of each precinct 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 con-
duct 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 applicable, except as herein otherwise provided. The
returns of all elections for the creation of the county, and for officers and
for location of the county seat as provided for in this act, shall be made to
and canvassed by the board of county commissioners of the county from
which the largest area is taken by the proposed county.
(7) 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 primary elections in this state, shall have application to any election pro-
vided for in this act.
History: En. Sec. 3, Ch. 226, L. 1919; NOTE. — Wording of this section changed
re-en. Sec. 4394, B. C. M. 1921. to conform to section 16-501.
16-506. (4395) Measures to be taken after election — officers — effect of
adverse vote. (1) If, upon the canvass of the votes cast at such election,
Jt appears that fifty-eight per cent of the votes cast are "For the new county
of ," "Yes," the board of county commissioners shall,
by a resolution, entered upon its minutes, declare such territory dub' 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
131
16-507 ELECTION LAWS
county seat shall be the county seat of said county until removed in the
manner provided by law, and designating and declaring the person receiv-
ing respectively the highest number of votes for the several offices to be
filled at said election, to be duly elected to such offices. Said board shall
forthwith cause a copy of its said resolution, duly certified, to be filed in the
office of the secretary of state, and ninety days from and after the date of
such filing said new county shall be deemed to be fully created, and the
organization thereof shall be deemed completed, and such officers shall be
entitled to enter immediately upon the duties of their respective offices upon
qualifying in accordance with law and giving bonds for the faithful per-
formance of their duties, as required by the laws of the state. The clerk
of the board of county commissioners with which said petition was filed, as
herein provided, must immediately make out and deliver to each of said
persons so declared and designated to be elected, a certificate of election
authenticated by his signature and the seal of said county. The persons
elected members of the board of county commissioners and the county clerk
shall immediately, upon receiving their certificates of election, assume the
duties of their respective offices.
(2) The board of county commissioners shall have authority to provide
a suitable place for the county officers, and to purchase such supplies as may
be deemed necessary for the proper conduct of the county government. All
other officers take office ninety 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 successors 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 in-
cluding 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 com-
missioners canvassing said vote as provided herein shall pass a resolution
in accordance therewith, and thereupon the proceedings relating to division
of such county or counties shall cease ; and no other proceedings in relation
to any other division of said old county or counties shall be instituted for at
least two years after such determination.
History: En. Sec. 4, Oh. 226, L. 1919;
re-«n. Sec. 4395, R. C. M. 1921.
16-507. (4396) Officers of new county — judicial district. At the elec-
tion provided for in section 16-505 of this code, there shall be chosen such
county, township, and district officers as are now or may hereafter by gen-
eral law be provided for in counties of the class to which the said new county
is determined to belong, as herein provided ; provided, that all duly elected,
qualified and acting officers of the county or counties, who may reside
witliin 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
132
COUNTIES 16-517
determination of said petition for such proposed new county, their intention
to become officers of said proposed new county, and the board of
county commissioners issuing the proclamation of any election, as in this
act provided, shall omit providing for the election of any such officers as
may have filed their declaration as herein provided ; and provided, also,
that all duly elected, qualified, and acting justices of the peace and con-
stables residing within the proposed new county at the time of the division
of such county into townships, as hereinbefore in section 16-505 provided,
shall hold office as such justices of the peace or constables in said county
for the remainder of the term for which they were elected on qualifying as
justices of the peace or constables for the respective townships in which
they reside, when said 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 16-505 provided, shall
hold office as school trustees in said new county for the remainder of the
term for which they were elected on qualifying as school trustees for the
respective districts in which they reside, as said districts are organized as
provided by this act. Each person elected or appointed to fill an office of
such new county under the provisions of this act shall qualify in the man-
ner provided by law for such officers, except as herein otherwise provided,
and shall enter upon the discharge of the duties of his office within such
time as herein provided, after the receipt of the certificate of his election.
Each of such officers may take the oath of office before any officers author-
ized 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 pro-
visions of this act, shall be attached to such judicial district as may be desig-
nated by the governor of the state of Montana, in a proclamation to be
issued by him, designating such new county as attached to the particular
judicial district for judicial purposes.
History: En. Sec. 5, Ch, 226, L. 1919;
re-en. Sec. 4396, B. C. M. 1921.
16-509. (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 comity, a board of county commissioners shall be elected, who shall
hold office until the next general election.
History: En. Sec. 2, Ch. 106, L. 1926.
16-517. (4404) Publication by posting of notice. Whenever in this act
publication of any notice is provided for, and no newspaper of general cir-
133
16-519 ELECTION LAWS
culation is published within the territory in which said notice is required to
be published, notice shall be given by posting copies of such notices in at
least ten public places in such territories for the same length of time said
notice was required to be published.
History: En. Sec. 13, Ch. 226, L. 1919;
re-en. Sec. 4404, R. C. M. 1921.
16-519. (4406) Misdemeanor and malfeasance in oflBce. _ Any member of
the board of county commissioners, or any other officer who unlawfully and
knowingly violates any of the provisions of this act, or fails or refuses to
perform any duty imposed upon him hereunder, shall be guilty of a
misdemeanor and of malfeasance in office, and shall be deprived of his office
by a decree of a court of competent jurisdiction, after trial and conviction.
History: En. Sec. 15, Ch. 226, L. 1919;
re-en. Sec. 4406, R. C. M. 1921.
16-520. (4407) Repealing and saving clause. All acts and parts of acts
in conflict herewith are hereby repealed, with the exception : This act shall
not apply in any cases whereby the election has been held under the act
passed by the fifteenth legislative session for the creation of counties and a
majority vote has been cast in favor thereof, but the provisions of this act
shall be deemed in full force and effect so far as they may affect any pro-
posed new county now in process of creation, unless said new county can
comply with the requirements of this act; and it is hereby made the duty
of the board of county commissioners which may have ordered any election
in pursuance of existing laws to immediately make an order annulling and
setting aside all further proceedings in relation to such proposed new
county, including an order to nullify and set aside any election order there-
tofore made ; provided, if any order is made nullifying and setting aside
any election as provided in this section, any bond which may have been
given in pursuance with the provisions of law relating to the costs of
election for the creation of any proposed new county shall be deemed void,
and no liability shall be incurred thereunder.
History: En. Sec. 16, Ch. 226, L. 1919;
re-en. Sec. 4407, R. C. M. 1921.
CHAPTER 8
GENERAL POWERS AND LIMITATIONS ITPON COUNTIES
Section 16-807. Limit of indebtedness.
16-807. (4447) Limit of indebtedness. No county must become in-
debted in any manner or for any purpose to an amount, including existing
indebtedness, in the aggregate exceeding five 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
county are void. No county must incur any indebtedness or liability for
any single purpose to an amount exceeding ten thousand dollars without
134
COUNTIES 16-1230
the approval of a majority of the electors thereof voting at an election to
be provided by law.
History: En, Sec. 4196, Pol. 0. 1895;
re-en. Sec. 2876, Rev. C. 1907; re-en. Sec.
4447, R. C. M. 1921.
CHAPTER 10
GENERAL POWERS AND DUTIES OF COUNTY COMMISSIONERS
Section 16-1003. Elections, powers concerning.
16-1003. (4465.2) Elections, powers ooncemin^. The board of county
commissioners has jurisdiction and power under such limitations and re-
strictions 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 certifi-
cates thereof.
History: En. Subd. 3, Sec. 1, Cli. 100,
L. 1931.
CHAPTER 11
SPECIAL POWERS AND DUTIES OF COUNTY COMMISSIONERS
Section 16-1156. Board to provide appliances for holding elections and allow expenses.
16-1157. Issuance of certificates of election as board of canvassers.
16-1156. (4515) Board to provide appliances for holding elections and
allow expenses. The board of county commissioners must provide all poll-
lists, poll-books, blank returns and certificates, proclamations of elections,
and other appropriate and necessary appliances for holding all elections in
the county, and allow reasonable charges therefor, and for the transmission
and return of the same to the proper officers.
History: En. Sec. 4280, Pol. O. 1895;
re-en. Sec. 2939, Rev. C. 1907; re-en. Sec.
4515, R. 0. M. 1921. Oal. PoL C. Sec. 4064.
16-1157. (4516) Issuance of certificates of election as board of can-
vassers. Whenever, as canvassers, the board of county commissioners de-
clares 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.
History: En. Sec. 4281, Pol. C. 1895;
r»-en. Sec. 2940, Rev. C. 1907; re-en. Sec
4516, R. C. M. 1921. Cal. Pol. C. Sec. 4065.
CHAPTER 12
COUNTY PRINTING COMMISSION
Section 16-1230. County commissioners to contract for county printing.
16-1230. County commissioners to contract for county printing. It is
hereby made the duty of the county commissioners of the several counties
135
16-1907 ELECTION LAWS
of the state of Montana to contract with one (1) newspaper, published at
least once a week, and of general bona fide and paid circulation with second
class mailing privileges, published within the county, and having been
published continuously in such county at least twelve (12) months im-
mediately preceding the awarding of such contract, to do and perform all
the printing for which said counties may be chargeable, including all legal
advertising required by law to be made, and all other printed forms re-
quired for the use of such counties at not more than the prices set by the
county printing commission.
History: En. Sec. 6, Ch. 280, L. 1967.
CHAPTER 19
COUNTY BUDGET SYSTEM
Section 16-1907. Emergency expenditures — notice and hearings — objections by tax-
payers— appeal — notice and hearing dispensed with in extreme
cases — emergency warrants — tax levy — lapse of appropriations.
16-1907. (4613.6) Emergency expenditures — notice and hearings — ob-
jections by taxpayers — appeal — notice and hearing dispensed with in ex-
treme cases — emergency warrants — tax levy — lapse of appropriations. (1)
In a public emergency, other than such as are hereinafter specifically
described, and which could not reasonably have been foreseen at the time
of making the budget, the board of county commissioners, by unanimous
vote of the members present at any meeting, the time and place of which
all the commissioners shall have had reasonable notice, shall adopt and
enter upon their minutes a resolution stating the facts constituting the
emergency and the estimated amount of money required to meet such
emergency and shall publish the same, together with a notice that a public
hearing will be held thereon at the time and place designated therein, but
which shall not be less than one week after the date of said publication, at
which any taxpayer ma}' appear and be heard for or against the expendi-
ture of money for such alleged emergency. Such resolution and notice shall
be published once in the official newspaper of the county, and if there be
none then in a newspaper of general circulation in the county.
(2) Upon the conclusion of such hearing, if the commissioners shall
approve of such emergency expenditure, they shall make and enter upon
their official minutes, by unanimous vote of all of the members of the
board present at such meeting, an order setting forth the facts constituting
such emergency together with the amount of expenditure authorized by
them therefor, which order, so entered, shall be lawful authorization for
them to expend such amount, but no more, for such purpose, subject how-
ever, to the following limitations : No expenditures shall be made or liability
incurred pursuant to said order until five (5) days, exclusive of the day of
entry of said order, shall have elapsed, during which time any taxpayer or
taxpayers of said county feeling aggrieved by said order may appeal there-
from to the district court for such county by filing with the clerk of such
court a verified petition, a copy of which shall theretofore have been
served upon the county clerk and recorder of said county as the clerk of
136
COUNTIES 16-1907
the board of county commissioners. Said petition shall set forth in detail
the objections of the petitioner or petitioners to said order, giving their
reasons why the said emergency does not exist. The service and filing of
such petition shall operate to suspend such emergency order and the
autJiority to make any expenditure or incur any liability thereunder, until
final determination of the matter by the court.
(3) Upon the filing of such petition the court shall immediately fix a
time for hearing such petition which shall be at the earliest convenient
time. At such hearing the court shall hear the matter de novo and may take
such testimony as it deems necessary. Its proceedings shall be summary
and informal and its determination as to whether an emergency, such as is
contemplated within the meaning and provisions of this act, exists or not,
and whether the expenditure authorized by said order is excessive or not
shall be final.
(4) The total of all emergency budgets, and appropriations made
therein, in any one year, to be paid from the county poor fund shall not
exceed the amount which would be produced by a mill levy equal to the
difference between the mills levied in that year and the maximum mill
levy authorized b}^ law to be made for such fund, computed against the tax-
able value of the property subject to such levy, as shown by the last com-
pleted assessment roll of the county.
(5) Upon the happening of an emergency caused by fire, flood, ex-
plosion, storm, earthquake, epidemic, riot, or insurrection, or for the
immediate preservation of order or of public health, or for the restoration
of a condition of usefulness of which has been destroyed by accident, or
for the relief of a stricken community overtaken by calamity, or in settle-
ment of approved claims for personal injuries or property damages, ex-
clusive of claims arising from the operation of any public utility owned
by the county, or to meet mandatory expenditures required by law, the
county commissioners may, upon adoption by unanimous vote of all
members present at any meeting, the time and place of which all members
shall have had reasonable notice, of a resolution stating the facts con-
stituting the emergency, and entering the same upon their minutes, make
the expenditures or incur the liabilities necessary to meet such emergency
without further notice or hearing; provided, that the aggregate total of
all expenditures made or liabilities incurred in any fiscal year to meet
emergencies other than such as are caused by fire, flood, explosion, earth-
quake, epidemic, riot or insurrection, shall not exceed tJie sum of two
hundred thousand dollars ($200,000.00) in counties of classifications 1, 2, 3
and 4, provided, however, that after July 1, 1963, such emergency expendi-
tures shall not exceed twenty-five thousand dollars ($25,000.00) ; fifteen
thousand dollars ($15,000.00) in counties of classifications 5 and 6, and
seven thousand five hundred dollars ($7,500.00) in counties of classification
7 unless the excess above said sum shall first have been authorized by a
majority of the taxpaying freeholders of such county, who are registered
electors therein, voting at a general or special election. The question of
authorizing such excess expenditure shall be submitted in the following
137
16-1907 ELECTION LAWS
form, inserting in the ballot the amount of the excess proposed to be au-
thorized and a description of the emergency to be met :
Shall the board of county commissioners of County,
Montana be authorized to make additional expenditures and incur addi-
tional liabilities in the amount of $ over and above the sum
of , to meet an emergency caused by
n Yes
D No
Notice of such election shall be given by posting notice thereof at least
fifteen (15) days before such election in three (3) public places in each
voting precinct within the county and by publishing such notice for not
less than ten (10) days before the date of such election.
(6) All emergency expenditures shall be made by the issuance of
emergency warrants drawn against the fund or funds properly chargeable
with such expenditures, and the county treasurer is authorized and directed
to pay such emergency warrants with any money in such fund or funds
available for such purpose, and if, at any time, there shall not be sufficient
money available in such fund or funds to pay such warrants then such
warrants shall be registered, bear interest and be called in for payment in
the manner provided by law for other county warrants.
(7) The county clerk and recorder shall include in his annual tabula-
tion to be submitted to the board of county commissioners the total amount
of emergency warrants issued during the preceding fiscal year, and the
county commissioners shall include in their tax levies a levy for each fund
sufficient to raise an amount equal to the total amount of such warrants,
if there be any, remaining unpaid at the close of such preceding fiscal year
because of insufficient money in such fund to pay the same ; provided,
however, that no levy shall be made for any fund in excess of the levy
authorized by law to be made therefor ; and provided further, that the board
of county commissioners may submit the question of funding such emer-
gency Avarrants at any election, as provided by law, and if at any such
election the issuing of such funding bonds be authorized it shall not then
be necessary for any levy to be made for the purpose of paying such
emergency warrants.
(8) All appropriations, other than appropriations for incompleted im-
provements in progress of construction, shall lapse at the end of the fiscal
year; provided that the appropriation accounts shall remain open for a
period of thirty (30) days thereafter for the payment of claims incurred
against such appropriations prior to the close of the fiscal year and re-
maining unpaid. After such period shall have expired, all appropriations
except as hereinbefore provided, regarding incompleted improvements,
shall become null and void, and any lawful claim presented thereafter
against any such appropriation shall be provided for in the next ensuing
budget.
History: En. Sec, 6, Ch. 148, L. 1929; Cross-Eeference
amd. Sec. 2, Ch. 170, L. 1943; amd. Sec. 1, Temporary authority for emergency tax
Ch. 159, L. 1953; amd. Sec. 1, Ch. 148, L. levy by county commissioners, sec. 84-3805
1955; amd. Sec. 1, Ch. 194, L. 1963. note.
138
COUNTIES 16-2022
CHAPTER 20
COUNTY FINANCE— BONDS AND WARRANTS
Section 16-2021. Petition and election required for bonds issued for other purposes.
16-2022. Form, contents and proof of petition.
16-2023. Consideration of petition — calling election.
16-2024. Notice of election — election hours — election officers.
16-2025. Form of ballots and conduct of election.
16-2026. Who are entitled to vote.
16-2027. Percentage of electors required to authorize bond issue.
16-2028. Canvass of election returns — resolution for bond itsue.
16-2021. (4630.7) Petition and election required for bonds issued for
other purposes. County bonds for any other purpose than those enumerated
in section 16-2013 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 16-2027 ; and no such bond election shall be called unless there has
been presented to the board of county commissioners a petition, asking that
such election be held and such question be submitted, signed by not less than
twenty per centum (20%) of the qualified electors of the county, who are
taxpayers upon property within the county and whose names appear on
the last completed assessment roll for state and county taxes.
History: En. Sec. 7, Cli. 188, L. 1931.
16-2022. (4630.8) Form, contents and proof of petition. Every petition
for the calling of an election to vote upon the question of issuing county
bonds shall plainly and clearly state the purpose or purposes for which the
proposed bonds are to be issued, and shall contain an estimate of the amount
necessary to be issued for such purpose or purposes. There may be a sep-
arate petition for each purpose, dr two (2) or more purposes may be com-
bined 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 peti-
tion. Such petition may consist of one (1) sheet, or of several sheets
identical in form and fastened together after being circulated and signed
so as to form a single complete petition before being delivered to the
county clerk as hereinafter provided. The petition shall give the postoffice
address and voting precinct of each person signing the same.
Only persons who are qualified to sign such petitions shall be qualified
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 bo filed with the county clerk who shall, within fifteen (15)
days thereafter, carefully examine the same and the county records show-
ing the qualifications of the petitioners, and attach thereto a certificate
under his official signature and the seal of his office, which certificate shall
set forth :
(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.
139
16-2023 ELECTION LAWS
(2) Which and how many of the persons whose names are subscribed
to such petition are possessed of all of the qualifications required 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.
History: En. Sec. 8, Ch. 188, L. 1931.
16-2023. (4630.9) Consideration of petition— calling election. When
such petition has been filed with the county clerk and he has found that
it has a sufficient number of signers, qualified to sign the same, he shall place
the same before the board of county commissioners at its first meeting held
after he has attached his certificate thereto. The board shall thereupon
carefully examine the petition and make such other investigation as it may
deem necessary.
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 suf-
ficient, the board shall pass and adopt a resolution which shall recite the
essential facts in regard to the petition and its filing and presentation, the
purpose, or purposes, for which the bonds are proposed to be issued, and
fix the exact amount of bonds proposed to be issued for each purpose, which
amount may be less than but must not exceed the amount set forth in the
petition, determine the number of years through which such bonds are -to
be paid, not exceeding the limitations fixed in section 16-2011, and making
provision for having such question submitted to the qualified electors of the
county at the next general election, or at a special election which the board
may call for such purpose.
History: En. Sec. 9, Ch. 188, L. 1931.
16-2024. (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 purpose of the issue, the term
of years through which the bonds are to be paid, and such other informa-
tion 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 separ-
ately 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 election, and may
appoint a smaller number of election .judges than is required for a general
140
COUNTIES 16-2027
election, but in no case shall there be less than three (3) judges in the pre-
cinct, and such judges shall act as their own clerks.
If the question of issuing bonds is submitted at a general election, the
polls shall be kept open during the same hours as are fixed for such general
election and the judges and clerks for such general election shall act aS
the judges and clerks for sucli bond election.
History: En. Sec. 10, Ch. 188, L. 1931.
16-2025. (4630.11) Form of ballots ajid conduct of election. The form
of ballots shall be as prescribed by section 16-2306; but if bonds are sought
to be issued for two (2) or more separate purposes, then separate ballots
must be provided for each purpose. The election shall be conducted in the
manner prescribed by said section 16-2306, 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.
History: En. Sec. 11, Ch. 188, L. 1931.
16-2026. (4630.12) Who ar« entitled to vote. In all county bond elec-
tions hereafter held only qualified registered electors residing within the
county, 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 county clerk must cause to be published in the
official newspaper of the county a notice, signed by him, stating that regis-
tration 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 county
clerk shall promptly prepare lists of the registered electors of such voting
precinct, who are taxpayers upon property within the county and whose
names appear on the last completed assessment roll for state, county and
school district taxes, and who are entitled to vote at such election, and
shall prepare precinct registers for such election, as provided in section
23-515, 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.
History: En. Sec. 12, Ch. 188, L. 1931;
amd. Sec. 1, Ch. 138, L. 1939; amd. Sec.
18. Ch. 64, L. 1969.
16-2027. (4630.13) Percentage of electors required to authorize bond
issue. Whenever the question of issuing county bonds for any purpose is
submitted to the qualified electors of a county, at either a general or special
election, not less than forty per centum (40%) of the qualified electors en-
titled to vote on such question must vote thereon, otherwise such propo-
sition 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
question, at such election, and a majority of such votes shall be cast in
141
16-2028 ELECTION LAWS
favor of such proposition, then such proposition shall be deemed to have
been approved and adopted.
History: En. Sec. 13, Ch. 188, L. 1931.
16-2028. (4630.14) Canvass of election returns — resolution for bond
issue. If the bonding election be held at the same time as a general election,
then the returns shall be canvassed at the same time as the returns from
such general election ; but if the bonding election is a special election, then
the board of county commissioners shall meet within ten (10) days after
the date of holding such special election and canvass the returns. If it is
found that at such election forty per centum (40%) or more, of the
qualified electors entitled to vote at such election voted on such question,
and that a majority of such votes were cast in favor of the issuing of such
bonds, the board of county commissioners shall, at a regular or special
meeting held within thirty (30) days thereafter, pass and adopt a resolu-
tion providing for the issuance of such bonds. Such resolution shall
recite the purpose for which such bonds are to be issued, the amount
thereof, the maximum rate of interest the bonds may bear, the date they
shall bear, the period of time through which they shall be payable, the
optional provisions, if any ; and provide for the manner of the execution
of the same. It shall provide that preference shall be given amortization
bonds but shall fix the denomination of serial bonds in case it shall be
found advantageous to issue bonds in that form, and shall adopt a form
of notice of the sale of the bonds.
The board may, in its discretion, provide that such bonds may be
issued and sold in two or more series or installments.
Provided, however, that if none of said bonds have been sold and
issued within three years from the date of the bonding election, and no
vested rights have accrued thereunder, the board of county commissioners
may rescind the authority to sell and issue such bonds by the passage
and adoption of a resolution wherein is recited the reason for such rescis-
sion of authority.
History: En. Sec. 14, Ch. 188, L. 1931;
amd. Sec. 1, Ch. 210, L. 1961.
CHAPTER 23
VOTE NECESSARY ON PROPOSAL TO RAISE MONEY
Section 16-2301. Commissioners not to borrow money except as herein provided.
16-2302. Commissioners to determine amount necessary.
16-2303. Notice of election to be given.
16-2304. Ballots — what to contain.
16-2305. "When loan may be made.
16-2306. Form of ballots — voting.
16-2301. (4717) Commissioners not to borrow money except as herein
provided. 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 submitted the ques-
142
COUNTIES 16-2306
tion 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.
History: En. Sec. 4270, Pol. C. 1895; 1, Ch. 92, L. 1919; re-en. Sec. 4717, R. C.
re-en. Sec. 2933, Rev, 0. 1907; amd. Sec. M. 1921.
16-2302. (4718) Commissioners to determine amount necessary. When-
ever 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.
History: En. Sec. 4271, Pol. C. 1895;
re-en. Sec 2934, Rev. C. 1907; re-en. Sec.
4718, R. C. M. 1921.
16-2303. (4719) Notice of election to be given. Notice of the election,
clearly stating the amount to be raised and the object of the loan, must be
given, and the election held and conducted, and the returns made in all
respects in the manner prescribed by law in regard to the submission of ques-
tions to the electors of a locality under the general election law.
History: En. Sec. 4272, Pol. C. 1896;
re-en. Sec. 2936, Rev. C. 1907; re-en. Sec.
4719, R. C. M. 1921.
16-2304. (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.
History: En. Sec. 4273, Pol. C. 1895;
re-en. Sec. 2936, Rev. C. 1907; re-en. Sec.
4720, R. C. M. 1921.
16-2305. (4721) When loan may be made. If a majority of the votes
cast are in favor of the loan, then the board may make the loan, issuing
bonds, or otherwise, as may seem best for the interests of the county.
History: En. Sec. 4274, Pol. C. 1895;
re-en. Sec. 2937, Rev. C. 1907; re-en. Sec.
4721, R. C. M. 1921.
16-2306. (4722) Form of ballots — voting. Hereafter whenever, in due
«ourse 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, in-
creasing, or creating a bonded indebtedness is submitted, ordered submitted,
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
oflBce 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 fur-
nished electors at such election for the purpose of voting for candidates
143
16-2306 ELECTION LAWS
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
coniain 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 there-
under 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:
D
For (stating propositions.)
D
Against (stating propositions.)
Such separate ballots shall be kept, stamped, given out, received,
counted, returned, and disposed of by election judges in like manner as
other official ballots herein referred to. Each qualified elector offering to
vote and permitted to vote shall, at the time he is offered by the election
judges an official ballot bearing the names of candidates for office, be
handed one of the separate ballots above described, and he may then and
there, in a booth as provided by law, and not otherwise, vote on such
separate ballot for or against said proposition by placing a cross or X
before the word "For" or the word "Against," in the vacant square
provided therefor; and such separate ballot shall be returned to the
election judges by the voter, with said other official ballot, if the voter
chooses to vote for candidates for office and is entitled to do so. The
election judges shall deposit said separate ballot on the bonding propo-
sition, separate from the voter's other official ballot, in the ballot-box.
History: En. Sec. 1, p. 13, L. 1901;
r«-«n. Sec. 2938, Eev. C. 1907; re-en. Sec.
4722, B. C. M. 1921.
CHAPTER 24
COUNTY OFFICERS— QUALIFICATIONS— GENERAL PROVISIONS
Section 16-2401. General qualifications for county office.
16-2402. Same for district and township offices.
16-2403. County officers enumerated.
16-2404. Township officers.
16-2406. County and other officers, when elected and term of office.
16-2407, Election and terms of county commissioners.
16-2408. District judges and justices of the peace — election and term of office.
144
COUNTIES 16-2406
16-2401. (4723) General qualifications far county oflQce. No person is
eligible to a county office who at the time of his election is not of the age of
twenty-one years, a citizen of the state, and an elector of the county in
which the duties of the office are to be exercised, or for which he is elected.
History: En. Sec. 4310, Pol. C. 1896;
re-«n. Sec. 2965, Rev. C. 1907; re-en. Sec.
4723, R. C. M. 1921. CaJ. Pol. C. Sec. 41,01.
16-2402. (4724) Same for district and township offices. No person is
eligible to a district or township office who is not of the age of twenty-one
years, a citizen of the state, and an elector of the district or township in
which the duties of the office are to be exercised, or for which he is elected.
History: En. Sec. 4311, Pol. C. 1895;
r»-en. Sec. 2956, Rev. C. 1907; re-en. Sec.
4724, R. C. M. 1921. CaL Pol. C. Sec. 4102.
16-2403. (4725) County officers enumerated. The officers of a county
are:
A treasurer;
A county clerk ;
A clerk of the district court;
A sheriff;
A county auditor, except in the sixth, seventh, and eighth class counties ;
A county attorney;
A surveyor;
A coroner;
A public administrator;
An assessor;
A county superintendent of common schools;
A board of county commissioners.
History: En. Sec. 4312, Pol. C. 1895; Ch. 112, L. 1913; re-en. Sec. 4725, R. C. M.
re-en. Sec. 2967, Rev. C. 1907; anuL Sec. 1, 1921. CaJ. PoL C. Sec. 4103.
16-2404. (4726) Township officers. The officers of townships are two
justices of the peace, two constables, and such other inferior and subordinate
officers as are provided for elsewhere in this code, or by the board of county
commissioners.
History: En. Sec. 4313, Pol. O. 1895;
re-en. Sec. 2968, Rev. C. 1907; re-en. Sec.
4726, R. C. M. 1921. Cal. Pol. 0. Sec. 4104.
16-2406. (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 sufferage prescribed by the constitu-
tion of the state of Montana, and such other qualifications as may be pre-
scribed by law:
One county clerk who shall be clerk of the board of county commissioners
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
145
16-2407 ELECTION LAWS
respective oflSces for the term of four (4) years, and until their successors
are elected and qualified.
The county attorneys, county auditors, and all elective township officers,
must be elected at each general election as now provided by law. The
officers mentioned in this act must take office on the first Monday of January
next succeeding their election, except the county treasurer, whose term
begins on the first Monday of March next succeeding 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 con-
solidated ; however, the provisions hereof shall not be construed as allowing
one (1) office incumbent to be entitled to the salaries and emoluments of
two (2) or more offices; provided, further, that in consolidating county
offices, the board of county commissioners shall, six (6) months prior to
the general election held for the purpose of electing the aforesaid officers,
make and enter an order, combining any two (2) or more of the within
jiamed 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.
History: En. Sec. 4315, PoL C. 1895; 4728, R. C. M. 1921; amd. Sec. 1, Oh. 131,
re-en. Sec. 2960, Rev. C, 1907; re-en. Sec. L. 1939. Cal. Pol. C. Sec. 4109.
16-2407. (4729) Election and terms of county commissioners. The elec-
tion and terms of office of county commissioners are provided for in the
constitution.
History: En. Sec. 4316, PoL C. 1895;
re-en. Sec. 2961, Rev. C. 1907; re-en. Sec.
4729, R. C. M. 1921.
16-2408. (4730) District judges and justices of the peace — election and
term of office. The election and terms of office of district judges and jus-
tices of the peace are provided for in title 93 of this code.
History: En. Sec. 4317, PoL C. 1895;
re-en. Sec. 2962, Rev. C. 1907; re-en. Sec.
4730, R. C. M. 1921. CaL PoL C. Sec. 4110.
CHAPTER 39
COUNTY MANAGER FORM OF GOVERNMENT
Section 16-3901. County manager plan of government may be adopted.
16-3902. Method of adoption.
16-3923. The recall of county commissioners.
16-3901. (4954.1) County manager plan of government may be adopted.
Any county in the state is hereby authorized to adopt a county manager form
of government as herein defined, and in accordance with the procedure
herein specified.
History: En. Sec. 1, Oh. 109, L. 1931.
146
COUNTIES 16-3923
16-3902. (4954.2) Method of adoption, (a) Upon a petition filed with
the board of county commissioners signed by not less than 20 per cent of
the whole number of voters who voted at the last general election asking
that a referendum be held on the question of adopting the county manager
form of government, it shall be the duty of the board of county commis-
sioners 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 peti-
tion, but not within thirty days of any general election. The question sub-
mitted shall be worded: "Shall the county manager form of government be
adopted in county ?"
(b) It shall be the duty of the board of county commissioners to publish
a notice of the referendum in a daily paper twice a week for a period of
three consecutive weeks, or in case there is no daily paper of wide circula-
tion in the county, then in a weekly paper for four consecutive weeks.
(c) If a majority of the votes cast on the question at the election shall
be in favor of the county manager form of government it shall go into
effect at a date designated in the petition or resolution. 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 govern-
ment, his duties shall be such duties as are assigned to him by the county
manager.
History: En. Sec. 2, Ch. 109, L. 1931;
amd. Sec. 1, Ch. 56, L. 1933.
16-3923. (4954.23) The recall of county oommissioners. (1) 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, demanding the
election of a successor to the person sought to be removed, shall be filed with
the director of finance of the county, which petition shall contain a general
statement of the grounds for which the removal is sought. The signatures
to the petition need not be appended to one paper, but each signer shall
add to his signature, his place of residence ; one of the signers shall make
oath before an officer, competent to administer oaths, that the statements
therein are true, as he believes and that each signature to the paper ap-
pended is the genuine signature of the person it purports to be.
(2) On the filing of a sufficient petition, the director of finance shall
order and fix a date for holding said election, not less than seventy days nor
more than eighty days from the date of filing of such petition. The director
of finance shall cause to be made publication of notice and all arrangements
for holding of such election and the same shall be conducted and returned
and the results thereof declared, in all respects and in the same manner as
any other election. Nominations hereunder shall be made by filing with the
director of finance, at least thirty days prior to such special election, a
statement of candidacy, accompanied by a petition signed by electors en-
titled to vote at such special election, equal in number to at least ten per
147
16-4001 ELECTION LAWS
cent of the entire number of persons registered to vote at the last preceding
general election.
(3) The ballot for such special election shall be in substantially the
following form:
"OFFICIAL BALLOT
Special election for the balance of the unexpired term of
for
(Vote for one only)
(Name of candidate)
(Name of present incumbent)
(Official ballot attest)
Signature
Director of finance."
The successor of any officer so removed shall hold office during the un-
expired term of his predecessor.
(4) Any person sought to be removed may be a candidate to succeed
himself and unless he requests otherwise in writing, the director of finance
shall place his name on the official ballot without nomination. In case of
any such removal election, the candidate or candidates receiving the highest
number of votes shall be declared elected. If the incumbent is not re-elected,
he thereupon shall be deemed removed from the office, upon the qualification
of his successor. If the incumbent receives the highest number of votes, or in
case of a removal election for more than one commissioner, he or they
receiving a sufficient number of votes so that his or their vote is the highest
number for said office or offices of commissioner, he or they shall continue in
office. The said method of removal shall be cumulative and additional to
the methods herein provided by law.
History: En. Sec. 7, Ch. 56, L. 1933.
CHAPTER 40
ABANDONMENT OF COUNTIES
Section 16-4001. Abandonment of counties — how.
16-4002. Petition for abandonment of counties — procedure thereon.
16-4003. County commissioners to order election — notice — publication.
16-4004. Commissioners to determine sufficiency of petition — form of resolution.
16-4005. Governor to call special election — proclamation.
16-4006. County commissioners to proclaim election — question submitted.
16-4007. Question to be submitted.
16-4008. Commissioners to canvass returns — governor to proclaim result.
16-4009. Result of election determines abandonment.
16-4001. Abandonment of counties — how. The organization and corpo-
rate exi.stence 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.
History: En. Sec. 1, Ch. 105, L. 1937.
16-4002. Petition for abandonment of counties — procedure thereon.
(1) A petition may be filed with the county clerk of a county, asking that
148
COUNTIES 16-4003
the question of abandoning and abolishing the organization and corporate
existence of such county and attaching its territory to and making the same
a part of some adjoining county, be submitted to the qualified electors of
such county at an election. Such petition shall state the name of the adjoin-
ing county to which the territory 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 contain the post oflSce address and voting precinct of each person sign-
ing the same, and shall state the name and address of three persons to
whom notice of the insufificiency 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.
(2) It shall be the duty of the county clerk, within thirty days after
the filing of such petition to examine the same, to ascertain and determine
from the registration records of the county whether such petition is signed
by the required number of qualified electors. Such clerk may be authorized
by the board of county 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 elec-
tors, 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 withdraw his signature or name
therefrom.
History: En. Sec. 2, Ch. 105, L. 1937.
16-4003. County commissioners to order election — ^notice — publication.
(1) Whenever any such petition is presented to the board of county com-
missioners of a county with a certificate of the county clerk attached there-
to, showing th^.t said petition has been signed by not less than thirty-five per
centum (35%) of the qualified electors of such county whose names appear
upon the registration records of said county, as provided in section 16-4002,
said board of county commissioners shall immediately upon presentation of
such petition, make and enter an order in its minutes fixing a day for con-
sidering 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 im-
mediately following the making of such order.
149
16-4004 ELECTION LAWS
(2) At any time prior to five (5) days before the date fixed for con-
sideration and final action on such petition fifty per centum (50%) of the
registered electors residing within a particular part or portion of such
county, may file with the county clerk of such county a petition in writing
signed by them praying that the part or portion of such county within
which such petitioners reside shall not be attached to the county designated
in the petition for abandonment but shall be attached to some other adjoining
county, which petition shall definitely, particularly and accurately describe
the boundaries of such part or portion of said county which said petitioners
desire to be attached to such other adjoining county and shall specify and
name such other adjoining county to which such part or portion is to be
attached if said county is abandoned and abolished.
(3) Whenever any such petition is filed the county clerk shall im-
mediately examine the same and determine from the registration records of
the county whether such petition has been signed by the required number of
registered electors and shall attach thereto his certificate showing the total
number of registered electors residing within the boundaries described in
said petition and the number thereof whose names appear on said petition,
and shall deliver such petition with such certificate attached, to the board
of county commissioners when such board meets to consider and take final
action on such petition for abandonment, separate and independent petitions
may be filed by registered electors residing within the boundaries of sep-
arate and distinct and different parts or portions of such county, praying
that the territory embraced within the boundaries described therein may be
attached to and become parts of the same, or different adjoining counties,
other than the county named and designated in the petition for abandon-
ment, if said county is abandoned. No person after signing any such peti-
tion shall be allowed or permitted to withdraw his signature or name there-
from.
History: En. Sec. 3, Ch. 105, L. 1937.
16-4004. Commissioners to determine suflBciency of petition — form of
resolution. 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 attached to an adjoining
county or counties, other than the county named in such petition for aban-
donment, 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 resolution, which shall be in writing and also entered
in full in its minutes, and which shall be in substantially the following form :
Whereas, there has been filed with the clerk of (name) county, Montana,
a petition asking that the organization and corporate existence of said county
be abandoned and abolished and its territory attached to and made a part
of an adjoining county, to wit, the county of (name) Montana;
And whereas, said petition has been presented to the board of count}'
commissioners of (name) county, with a certificate of the clerk of said
county attached thereto showing that said petition has been signed by not
150
COUNTIES 16-4005
less than thirty-five per centum (35%) of the registered electors of said
county ;
(If any petition for attaching any part or portion of the county, in ease
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 following for each
petition)
And whereas, there has been filed a petition signed by not less than fifty
per centum (50%) of the registered electors residing within that part or
portion of said county described as (give description as contained in peti-
tion) praying that the part or portion of said county within such bound-
aries 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 aban-
doned 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, Mon-
tana, 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 coun-
ties, other than the county named in the petition for abandonment, if any
were filed and found sufficient, with signatures omitted) and certify to the
same and affix the seal of the county thereto, and transmit one of said
copies to the governor of the state of Montana, and one of said copies to the
clerk of each county to which any part of said county is to be attached, if
abandoned.
Said resolution must be signed by the members of the board of county
commissioners and the county clerk must, within five (5) days thereafter,
make the certified copies of said resolution, with copy of petition or petitions
attached, and transmit one copy to the governor of the state of Montana and
one copy to the county clerk of each county to which any part or portion of
said county is to be attached, if abandoned.
History: En. Sec. 4, Ch. 105, L. 1937.
16-4005. Governor to call special election — proclamation. Upon receipt
of a certified copy of the resolution provided for in section 16-4004,
the governor shall, within ten days thereafter, issue his proclamation call-
ing a special election in the county in which the petition referred to
in said resolution was filed, and in each county designated in such resolu-
tion 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 peti-
tion 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 elec-
151
16-4006 ELECTION LAWS
tion 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 abandoned and abolished, the ques-
tion 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 gover-
nor's proclamation calling the same ; provided that if a general election will
be held in said counties within one hundred and twenty days after the date
of such proclamation, the governor, in such proclamation, shall direct that
such question be submitted to the qualified electors of said counties at such
general election. Such proclamation shall be filed in the office of the secre-
tary of state and copies thereof shall be transmitted by the governor to the
county clerk of each of the counties in which such election is to be held.
History: En. Sec. 5, Ch. 105, L. 1937.
16-4006. County commissioners to proclaim election — question sub-
mitted. The county clerk of each of such counties after receiving a copy of
such election proclamation shall present the same to the board of county
commissioners, if such board is then in session, and if not in session, then at
the first meeting thereof held after such clerk has received the same, and
the board of county commissioners of each of such counties shall issue such
proclamations and give such notices of election as are required by the gen-
eral laws of this state when questions 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 abandoned 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.
History: En. Sec. 6, Ch. 105, L. 1937.
16-4007. Question to be submitted. At such election the question to be
submitted to the qualified electors of the county in which said petition was
filed shall be as follows:
□ For the abandonment and abolishment of the county of (name) and
attaching the territory within its boundaries to and making the same a part
of the county or counties of (name).
□ Against the abondonment and abolishment of the county of (name)
and attaching the territory within its boundaries to and making the same
a part of the county or counties of (name).
And the question to be submitted to the qualified electors of the counties,
designated in the resolution as the county or counties to which the territory
of the county proposed to be abandoned and abolished, is to be attached and
made a part, shall be as follows:
152
COUNTIES 16-4009
n For attaching to and making a part of the county of (name) a part
of the territory within the boundaries of the county of (name) if the same is
abandoned and abolished.
□ Against attaching to and making a part of the county of (name) a
part of the territory within the boundaries of the county of (name) if the
same is abandoned and abolished.
Said election shall be held, voted, counted and returns made and can-
vassed in the manner provided by the general election laws of this state.
History: En. Sec. 7, Ch. 105, L. 1937.
16-4008. Commissioners to canvass returns — governor to proclaim result.
The board of county commissioners of each county, acting 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 state-
ment of the vote in such county and transmit to the secretary of state, by
registered mail, an abstract thereof, which shall be marked "Election Re-
turns." Within ten (10) days after receiving such abstracts from all coun-
ties 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 de-
termine 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. Upon receipt of such copy the governor shall issue a procla-
mation declaring the result of such election and shall file a copy of such
proclamation in the office of the secretary of state and transmit a copy of
such proclamation to the county clerk of each of the counties in which such
election was held, and each such county clerk shall fde 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, otherwise at the first meeting of the board
after the same has been received by such clerk.
History: En. Sec. 8, Ch. 105, L. 1937.
16-4009. Result of election determines abandonment. If, at such elec-
tion 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 aban-
doned county shaU be attached, shall be in favor thereof, then the organ-
ization and political and corporate existence of the county in which such
petition for abondonment was filed shall cease and terminate and said county
shall be abandoned and abolished and disincorporated and cease to exist and
its territory shall be attached to and become a part of the counties desig-
nated in the resolution adopted under section 16-4004, and the term of
office of each of the officers thereof, and of the members of the board of
county commissioners thereof, and of its senator and representative in the
legislative assembly shall cease and terminate at twelve (12:00) o'clock mid-
night on the thirtieth day of June immediately following; provided that if
at any such election a majority of the votes cast in anj^ adjoining county
named in the resolution adopted under section 16-4004, other than the county
153
16-4301 ELECTION LAWS
designated in the petition for abandonment as the county to which the terri-
tory 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 abandonment as the county to which the territory of the abandoned
county shall attach.
History: En. Sec. 9, Ch. 105, L. 1937.
CHAPTER 43
PUBLIC HOSPITAL DISTRICTS
Section 16-4301. Purpose of act — allowable territory embraced within public hospital
district.
16-4302. Petition to board of county commissioners.
16-4303. Hearing.
16-4304. Reference of creation of district at election.
16-4305. Resolution and order of board as respects election.
16-4306. Favorable vote — commissioners finally to organize district.
16-4307. Government of district — appointment, election and terms of trustees.
16-4301. Purpose of act — allowable territory embraced within public
hospital district. The purpose of this act is to authorize the establishment
of public hospital districts which shall have power to own and operate
public hospitals, or to lease and operate public hospitals, or to maintain
or aid in the maintenance and operation of a public hospital, and in either
case to supply hospital facilities and services to residents of such districts,
and as herein authorized, to others. A public hospital district may contain
the entire territory embraced within a county or any portion or sub-
division thereof.
History: En. Sec. 1, Ch. 155, L. 1953.
16-4302. Petition to board of county commissioners. Whenever a peti-
tion, signed by not less than thirty per centum (30%) of the citizens who
are owners of property located within the boundaries of a proposed public
hospital district, and whose names appear as such property owners 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 bound-
aries be organized into a public hospital district, shall be addressed and
presented to the board of county commissioners of the county in which
the proposed district is situated, at any regular or special meeting of said
board, it shall file the same and act thereon as herein prescribed. The
said board of county commissioners, by resolution, shall fix a time for
a hearing upon said petition at not less than two (2) nor more than four
(4) weeks from the time of presentation thereof, and shall cause notice
to be given of the time and place of said hearing by publication in a news-
paper published in the county in not less than two (2) successive issues of
said newspaper, the last publication of which notice shall be at least two
(2) weeks before said hearing. Said notice shall state that any person
residing in or owning property within said proposed district or any part
154
COUNTIES 16-4306
thereof as described in said petition, may appear before said board at
the hearing and show cause why the said district should not be created,
mstory: En. Sec. 2, Ch. 155, L. 1953.
16-4303. Hearing. At the time fixed for said hearing, the board shall
determine whether or not the petition complies with the requirements
hereinbefore set forth and whether or not the notice required herein has
been published as required. At such hearing the board must hear all com-
petent and relevant testimony offered in support of or in opposition to
said petition and the creation of such district. Said hearing may be ad-
journed from time to time for the determination of said facts, or hearing
petitioners or objectors, but no adjournment shall exceed two (2) weeks
in all from and after the date originally noticed and published for the
hearing.
History: En. Sec. 3, Ch. 155, L. 1953.
16-4304. Reference of creation of district at election. If the board of
comity commissioners shall determine that the petitioners have complied
with the requirements herein set forth and that the prescribed notice has
been published, it shall thereupon proceed by resolution to refer the ques-
tion of the creation of such district to the persons qualified to vote on
such proposition as in this act prescribed. Said board, in its resolution of
reference, may make such changes in the boundaries of the proposed dis-
trict as it may deem advisable, without, however, including any additional
lands not described in the petition, and shall define and establish the
boundaries of the district, and it shall call an election, upon the question
of the creation of the district.
History: En. Sec. 4, Oh. 155, L. 1953.
16-4305. Resolution and order of board as respects election. The board
must, in its resolution, designate whether or not a special election shall
be held, or whether the matter shall be determined 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 places, 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 ; provided 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 "Hos-
pital District, Yes" and "Hospital District, No." The judges of the elec-
tion shall certify to the board of county commissioners the results of said
election. No person shall be qualified to vote at such election who has not
attained twenty-one (21) years of age, who is not an owner of property
within the boundaries of said district as defined by the board, and whose
name does not appear on the last completed assessment roll of the county.
History: En. Sec. 5, Cta. 155, L. 1953.
16-4306. Favorable vote — commissioners finally to organize district.
In the event that a majority of the votes cast are in favor of the creation
and establishment of said hospital district, the board of couny commis-
155
16-4307 ELECTION LAWS
sioners shall, within ten (10) days after the election, by resolution certify
such result, and proceed with the organization of such district as herein
specified.
History: En. Sec. 6, Ch. 155, L, 1953.
16-4307. Govermnent of district — appointment, election ajid terms of
trustees. Said hospital district shall be governed and managed by a board
of three (3) trustees, elected by the persons within the district who have
the same qualifications as voters upon the question of "creation of the dis-
trict." The trustees must be elected from among the freeholders residing
within said district, and the trustees elected for the first board shall serve
for terms commencing upon their being elected and qualified and terminat-
ing one (1) two (2) and three (3) years respectively, from the first Monday
in May following their election, and until their respective successors shall
be elected and qualify. Annually thereafter there shall be elected a
trustee to serve for a term of three (3) years and until his successor shall
be elected and qualify and such term of three (3) years shall commence on
the first Monday in May following the said trustee's election. The first
board of trustees shall be elected at the same election held upon the creation
of the district, subject to the creation thereof, shall qualify upon the
organization of the district, if created, and the trustees may be nominated
and have their names appear upon the ballots upon the tiling with the board
of county commissioners of a petition signed by any five (5) qualified
electors of the district. Any elector may sign as many nominating petitions
as there are persons to be elected. All elections and nominations for election
of trustees thereafter, shall be conducted by said qualified voters in the
same manner as provided by the laws of the state of Montana for the elec-
tion of school trustees of a second or third class school district, provided
that wherever in the said laws of the state of Montana it is provided that
certain action shall be performed or filings made with the clerk of the
school board, the trustees or the board of trustees of the school district or
the county superintendent of schools, the same shall, for the purposes of
this act, be taken to refer to the clerk of the board of trustees of the public
hospital district, the trustees or the board of trustees of the public hospital
district or the county clerk, respectively. The trustees at their first meet-
ing shall adopt by-laws for the government and management of the district,
and shall appoint a qualified person to serve as clerk of the said board,
who may or may not be one of their number. The trustees shall serve
without pay. A vacancy upon the board of trustees, or in the office of clerk
shall be filled by appointment by the remaining members and the ap-
pointee shall serve until the next ensuing election for trustees.
History: En. Sec. 7, Ch. 155, L. 1953;
amd. Sec. 1, Ch. 97. L. 1955.
CHAPTER 45
COUNTY WATER AND SEWER DISTRICTS
Section 16-4501. Organization of county water and/or sewer districts authorized.
16-4502. Organization of districts.
16-4503. Petition — boundaries of district — publication.
156
COUNTIES 16-4503
lG-4504. Time of consideration — final hearing.
16-4505. Proposition submitted — wlio may vote — certificate of secretary of
state — district deemed incorporated — must hear testimony — suit
oommeni-od widiin osu- year election.
16-4506. Election of directors — term of office.
16-4507. Nomination of officers.
16-4508. General law to govern.
16-4509. Officers subject to recall.
16-4513. Informality not to invalidate.
16-4517. Bonded indebtedness.
16-4518. Election.
16-4519. Notice.
16-4520. Publication.
16-4521. Canvass of returns.
16-4522. Two-thirds vote necessary.
16-4529. Initiative.
16-4530. Eeferendum.
16-4531. Adding to and consolidation of district.
16-4501. Organization of county water and/or sewer districts author-
ized. A county water aiid/or sewer district may be organized and incor-
porated and managed as herein expressly provided and may exercise the
powers herein expressl.v granted or necessarily implied.
History: En. Sec. 1, Ch. 242, L. 1957; County of Yellowstone, 140 M 538, 374 P
amd. Sec. 1, Ch. 263, L. 1967. 2d 328, 333.
The title of the County Water District
Constitutionality Act (16-4501 to 16-4534) is not defective
The County Water District Act (16-4501 because it provides only for the construe-
to 16-4534) is not unconstitutional on the tion of waterworks since the provisions in
ground that there is an invalid delegation the body of the act for water tax and
of power by the legislature because in- bond tax are germane to that part of the
adequate standards are provided in the title dealing with construction of water-
act since the provisions of the act are works and such taxes are necessary to
sufficiently clear, definite, and certain to accomplish the general objects of the
enable the countv water district to know bill. Parker v. County of Yellowstone, 140
its rights and ' obligations. Parker v. M 538, 374 P 2d 328, 334.
16-4502. Organization of districts. The people of any county or coun-
ties, or portion of a city or a county, or city and county, or any combina-
tion of these political divisions, whether such portion includes unincor-
porated territory or not, in the state of Montana, ma.y organize a county
water and/or sewer district under the provisions of this act by proceeding
as herein provided.
History: En. Sec. 2, Ch. 242, L. 1957;
amd. Sec. 1, Cli. 167, L. 1965; amd. Sec. 1,
Ch. 263, L. 1C67.
16-4503. Petition — boundaries of district — publication. A petition,
which may consist of any number of separate instruments, shall be pre-
sented at a regular meeting of the board of commissioners of the county in
which the proposed district is located, signed by the registered voters within
the boundaries of the proposed district, equal in number to at least ten per
centum (10%) of the registered voters of the territory included in such
proposed district. AVhen the territory to be included in such proposed
district lies in more than one county, a petition must be presented to the
board of county commissioners of eaeli county in which said territorj^ lies
and each of said petitions must be signed by at least ten per centum (10%)
of the registered voters of Hie territory within said county to be included
157
16-4504 ELECTION LAWS
within such proposed district. Such petition shall set forth and describe
the proposed boundaries of such district, and shall pray that the same be
incorporated under the provisions of this act, and the text of such petition
shall be published for ten (10) consecutive days in a daily newspaper or in
two (2) issues of a weekly newspaper printed and published in every county
in which said territory lies, together with a notice stating the time of the
meeting at which same will be presented. The first publication shall be at
least two (2) weeks before the time at which the petition is to be presented.
When contained upon more than one (1) instrument, one (1) copy only of
such petition need be published. No more than five of the names attached
to said petition need appear in such publication of said petition and notice,
but the number of signers shall be stated.
History: En. Sec. 3, Ch. 242, L. 1957;
amd. Sec. 2, Ch. 167, L. 1965; amd. Sec. 1,
Ch. 263, L. 1967.
16-4504. Time of consideration — final hearing. With such publica-
tion there shall be published a notice of the time of the meeting of the
board when such petition will be considered and that all persons interested
therein may then appear and be heard. At such time the board of com-
missioners shall hear the petition and those appearing thereon together
with such written protests as shall have been filed with the county clerk
and recorder prior to such hearing by or on behalf of owners of taxable
property situated within the boundaries of the proposed district within
the county and may adjourn such hearing from time to time, not exceed-
ing four (4) weeks in all. No defect in the contents of the petition or in
the title to or form of the notice or signatures, or lack of signatures,
thereto shall vitiate any proceedings thereon, provided such petition or
petitions have a sufiicient number of qualified signatures attached thereto.
On the final hearing said board shall make such changes in the proposed
boundaries which be within the county as may be deemed advisable and
shall define and establish such boundaries, but said board shall not modify
said boundaries as to exclude from such proposed district any territory
which would be benefited by the formation of such district; nor shall any
lands which will not, in the judgment of said board, be benefited by such
district be included within such proposed district. Any person whose lands
are benefited by such district may upon his application, to the board of
the county in which his lands be in the discretion of said board, have
such lands included within said proposed district.
History: En. Sec. 4, Oh. 242, L. 1957;
amd. Sec. 3, Ch. 167, L. 1965.
16-4505. Proposition submitted — ^who may vote — certificate of secre-
tary of state — district deemed incorporated — must hear testimony — suit
commenced within one year — election. Upon such hearing of said peti-
tion, the board of commissioners shall determine whether or not said pe-
tition complies with the requirements of the provisions of this act, and
for that purpose must hear all competent and relevant testimony offered
in support of or in opposition thereto. Such determination shall be en-
158
COUNTIES 16-4505
tered upon the minutes of said board of commissioners. A finding of the
board of commissioners in favor of the genuineness and sufficiency of the
petition and notice shall be final and conclusive against all persons except
the state of Montana upon suit commenced by the attorney general. Any
such suit must be commenced within one (1) year after the order of the
board of commissioners declaring such district organized as herein pro-
vided, and not otherwise. Upon the final determination of the boundaries
of the district the board of commissioners of each county in which said
district lies shall give notice of an election to be held in said proposed
district for the purpose of determining whether or not the same shall be
incorporated, the date of which election shall be not more than sixty (GO)
days from the date of the final hearing of such petition. Such notice shall
describe the boundaries so established and shall state the proposed name
of the proposed incorporation (which name shall contain the words
" county water and/or sewer district"), and this notice shall
be published for ten (10) consecutive days in a daily newspaper or in two
(2) issues of a weekly newspaper printed and published in every county in
which said district lies. The first publication shall be made at least two (2)
weeks before the time at which the election is to be held. At such election
the proposition to be submitted shall be : "Shall the proposition to organize
county water and/or sewer district under (naming the
chapter containing this act) of the acts of the session of the
Montana legislature and amendments thereto be adopted?" And the elec-
tion thereupon shall be conducted, the vote canvassed and the result de-
clared in the same manner as provided by law in respect to general elections,
so far as they may be applicable, except as in this act otherwise provided.
No person shall be entitled to vote at any election under the provisions of
this act unless such person possesses all the qualifications required of elec-
tors under the general election laws of the state, and is the owner of taxable
real property located within the county in which he proposes to vote and
situated within the boundaries of the proposed district. Within four
(4) days after such election the vote shall be canvassed by the board of
commissione;rs. If a majority of the votes cast at such election in each
municipal corporation or part thereof and in the unincorporated terri-
tory of each county included in such proposed district shall be in favor of
organizing such county district, said board of each such county shall by an
order entered on its minutes declare the territory enclosed within the
proposed boundaries duly organized as a county water and/or sewer district
under the name theretofore designated, and the county clerk of. each such
county shall immediately cause to be filed with the secretary of state and
shall cause to be recorded in the ofiice of the county recorder of the county
or counties in which such district is situated, each, a certificate stating that
such a proposition was adopted. Upon the receipt of such last-mentioned
certificate the secretary of state shall, within ten (10) days, issue his
certificate reciting that the district (naming it) has been duly incorporated
according to the laws of the state of Montana. A copy of such certificate
shall be transmitted to and filed with the county clerk of the county or
counties in which such district is situated. From and after the date of
159
16-4506 ELECTION LAWS
such certificate, the district named therein shall be deemed incorporated,
with all the rights, privileges and powers set forth in this act and neces-
sarily incident thereto. In case less than a majority of the votes cast are
in favor of said proposition the organization fails but without prejudice
to renewing proceedings at any time in the future.
History: En. Sec. 5, Ch. 242, L. 1957;
amd. Sec. 4, Ch. 167, L. 1965; amd. Sec. 1,
Ch. 263, L. 1967.
16-4506. Election of directors — term of office. At an election to be
held within such district under the provisions of this act and the laws
governing general elections not inconsistent herewitli, the district thus
organized shall proceed within ninety (90) days after its formation to the
election of a board of directors consisting, if there are no municipalities
within the boundaries of said district, of five (5) members. In all cases
where the boundaries of such district include any municipality or munici-
palities, said board of directors, in addition to said five (5) directors to be
elected as aforesaid, shall consist of one (1) additional director for each
one of said municipalities within such district, each such additional direc-
tor to be appointed by the mayor of the municipality for which said addi-
tional director is allowed; and if there be any unincorporated territory
within said district, one additional director, to be appointed by the board
of commissioners of each county containing such territory. Any director
so elected or appointed shall be a qualified freeholder and a resident of
said district. All directors, elected or appointed, shall hold office until the
election and qualification or appointment and qualification of their suc-
cessors. The term of office of directors elected under the provisions of this
act shall be four (4) years from and after the date of their election; pro-
vided, that the directors first elected after the passage of this act shall
hold ofifice only until the election and qualification of their successors as
hereinafter provided. The term of office of directors appointed by said
mayor or mayors or by said board of commissioners shall be six (6) years
from and after the date of appointment. Directors to be first appointed
under the provisions of this act shall be appointed within ninety (90) days
after the formation of the district. The election of directors of such district
shall be in every fourth year after its organization, on the fourth Tuesday
in March, and shall be known as the "general district election." All other
elections which may be held by authority of this act, or of the general laws,
shall be known as special district election.
History: En. Sec. 6, Ch. 242, L. 1957;
amd. Sec. 5, Ch. 167, L. 1965; amd. Sec. 1,
Ch. 263, li. 1967.
16-4507. Nomination of officers. (1) The mode of nomination and
election of all elective officers of such district to be voted for at any dis-
trict election and the mode of appointment of a director or directors by
said mayor or mayors or by said board of commissioners shall be as
follows and not otherwise.
(2) The name of a candidate shall be printed upon the ballot when
a petition of nomination shall have been filed in his behalf in the manner
and form and under the conditions hereinafter set forth.
160
COUNTIES 16-4507
(3) The petition of nomination shall consist of not less than twenty-
five (25) individual certificates, which shall read substantially as folloAvs:
PETITION OF NOMINATION
Individual Certificate
State of ^
. ss.
County of
Prect. No
I, the undersigned, certify that I do hereby join in a petition for the
nomination of , whose residence is at for the office of
of the district to be voted for at the district
election to be held in the district on the day of
, 19.— ; and I further certify that I am a qualified elector
and freeholder residing within said district, and am not at this time a
signer of any other petition nominating any other candidate for the
above named office ; or, in case there are several places to be filled in the
above named office, that I have not signed more petitions than there are
places to be filled in the above named office ; that my residence is at No,
street, , and that my occupation is
(Signed)
State of Montana i
^ ss.
County of j
, being duly sworn, deposes and says that he is the person
who signed the foregoing certificate and that the statements therein are
true and correct.
(Signed)
Subscribed and sworn to before me this day of 19
Notary Public
The petition of nomination of which this certificate forms a part shall,
if found insufficient, be returned to , at , Montana.
(4) Clerk to furnish forms. It shall be the duty of the county clerk
to furnish upon application a reasonable number of forms of individual
certificates of the above character. If the district lies in more than one
county, the county clerk whose county contains the largest percentage
of the territory of said district shall fulfill this function.
(5) Certificates. Each certificate must be a separate paper. All cer-
tificates must be of uniform size as determined by the county clerk.
Each certificate must contain the name of one signer thereto and no more.
Each certificate shall contain the name of one candidate and no more.
Each signer must be a qualified elector residing within said district, must
not at the time of signing a certificate have his name signed to any other
certificate for any other candidate for the same office, or, in case there
are several places to be filled in the same office, signed to more certificates
for candidates for that office than there are places to be filled in such
161
16-4507 ELECTION LAWS
office. In case an elector has signed two or more conflicting certificates,
all such certificates shall be rejected. Each signer must verify his certifi-
cate and make oath that the same is true, before a notary public. Each
certificate shall further contain the name and address of the person to
whom the petition is to be returned in case said petition is found in-
sufficient.
(6) Presentation of petition. A petition of nomination, consisting
of not less than twenty-five (25) individual certificates for any one candi-
date, may be presented to the county clerk not earlier than forty-five
(45) days nor later than thirty (30) days before the election. The county
clerk shall endorse thereon the date upon which the petition was presented
to him. If the district lies in more than one county, such petition for
nomination shall be presented to the county clerk whose county contains
the largest percentage of the territory of said district and said county clerk
shall fulfill all duties assigned to county clerks in elections under this act.
(7) Examination of petition. When a petition of nomination is pre-
sented for filing to the county clerk, he shall forthwith examine the same,
and ascertain whether or not it conforms to the provisions of this section.
If found not to conform thereto, he shall then and there in writing
designate on said petition the defect or omission or reason why such
petition cannot be filed, and shall return the petition to the person
named as the person to whom the same may be returned in accordance
v/ith this section. The petition may then be amended and again pre-
sented to the clerk as in the first instance. The clerk shall forthwith pro-
ceed to examine the petition as hereinbefore provided. If necessary,
the board of commissioners shall provide extra help to enable the clerk
to perform satisfactorily and promptly the duties imposed by this section.
(8) Signer may withdraw name. Any signer to a petition of nomi-
nation and certificate may withdraw his name from the same by filing with
the county clerk a verified revocation of his signature before the filing
of his petition by the clerk, and not otherwise. He shall then be at
liberty to sign a petition for another candidate for the same office.
(9) Candidate may withdraw. Any person whose name has been
presented under this section as a candidate may, not later than twenty-
five (25) days before the day of election, cause his name to be withdrawn
from nomination by filing with the county clerk a request therefor in
writing, and no name so withdrawn shall be printed upon the ballot.
If, upon such withdrawal, the number of candidates remaining docs
not exceed the number to be elected, then other nominations may be made
by filing petitions therefor not later than twenty-five (25) days prior to
such election.
(10) Petition filed. If either the original or amended petition of
nomination be found sufficiently signed as hereinbefore provided, the
clerk shall file the same twenty-five (25) days before the date of the
election. When a petition of nomination shall have been filed by the
clerk it shall not be withdrawn or added to and no signatures shall be
revoked thereafter.
162
COUNTIES 16-4507
(11) Petitions preserved. The county clerk shall preserve in his
office for a period of two years, all petitions of nomination and all
certificates belonging thereto, filed under this section.
(12) List of candidates. Immediately after such petitions are filed,
the county clerk shall enter the names of the candidates in a list, with
the offices to be filled, and shall not later than twenty (20) days before
the election certify such list as being the list of candidates nominated
as required by the provisions of this act, and the board of commissioners
of each county in which the district lies shall cause said certified list of
names and the offices to be filled, to be published in the proclamation
calling the election at least ten (10) successive days before the election
in at least one (1) but not more than three (3) newspapers of general
circulation published in each county in which such district is located.
Such proclamation shall conform in all respects to the general state law
governing the conduct of general elections now or hereafter in force, appli-
cable thereto, except as otherwise herein provided.
(13) Ballots. Form. The county clerk shall cause the ballots to
be printed and bound and numbered as provided by said general state
law, except as otherwise required in this act. The ballots shall contain
the list of names and the respective offices as published in the proclama-
tion and shall be in substantially the following form :
GENERAL (OR SPECIAL) DISTRICT ELECTION
District,
(Inserting date thereof.)
Instructions to Voters: To vote, stamp or write a cross (X) opposite
the name of the candidate for whom you desire to vote. All marks other-
wise made are forbidden. All distinguishing marks are forbidden and
make the ballot void. If you wrongly mark, tear or deface this ballot,
return it to the inspector of election, and obtain another.
(14) How printed. All ballots printed shall be precisely on the
same size, quality, tint of paper, kind of type, and color of ink, so that
without the number it would be impossible to distinguish one ballot
from another; and the names of all candidates printed upon the ballot
shall be in type of the same size and style. A column may be provided
on the right-hand side for questions to be voted upon at district election,
as provided for under this act. The names of the candidates for each
office shall be arranged in alphabetical order, and nothing on the ballot
shall be indicative of the source of the candidacy or of the support of
any candidate.
(15) No candidate omitted. The name of no candidate who has
been duly and regularly nominated, and who has not withdrawn his
name as herein provided shall be omitted from the ballot.
(16) Office. The offices to be filled shall be arranged in the follow-
ing order : "For director vote for (giving number)."
(17) Voting squares. Half-inch square shall be provided at the
right of the name of each candidate wherein to mark the cross,
163
16-4508 ELECTION LAWS
(18) Spaces below printed names. Half -inch spaces shall be left
below the printed names of candidates for each office, equal in number
to the number to be voted for, wherein the voter may write the name of
any person or persons for whom he may wish to vote.
(19) Votes necessary to elect. In case there is but one person
to be elected to an office, the candidate receiving a majority of the
votes cast for all the candidates for that office, shall be declared elected;
in case there are two or more persons to be elected to an office, as that
of director, then those candidates equal in number to the number to be
elected, who receive the highest number of votes for such office shall be
declared elected.
(20) Failure to qualify. If a person elected fails to qualify, the
office shall be filled as if there were a vacancy in such office, as herein-
after provided.
(21) Mode of appointment by mayor. The mode of appointment of
director or directors by a mayor, or by a board of commissioners, shall
be by certificate of appointment signed by said mayor or mayors, or
issued by said board of commissioners, and transmitted to the board
of directors of said district.
(22) Informality not to invalidate. No informality in conducting dis-
trict elections shall invalidate the same, if they have been conducted by
directors to fill a vacancy, or appointed by a mayor or by this act.
History: En. Sec. 7, Ch. 242, L. 1957;
amd. Sec. 6, Ch. 167, L. 1965; amd. Sec. 1,
Ch. 263, L. 1967.
16-4508. General law to govern. The provisions of the law relating
to the qualifications of electors, the manner of voting, the duties of
election officers, the canvassing of returns, and all other particulars in
respect to the management of general elections, so far as they may be
applicable, shall govern all district elections, except as in this act other-
wise provided; provided, however, that where a corporation owns taxable
real property within the boundaries of the district, the president, vice-
president or secretary of such corporation shall be entitled to cast a vote
on behalf of the corporation ; provided also that an elector owning taxable
real property within the district need not reside within the district in order
to vote, and provided that the board of commissioners shall canvass the
returns of the first election and that thereafter, except as herein pro-
vided, the board of directors shall meet as a canvassing board and duly
canvass the returns within four (4) days after any district election, includ-
ing any district bond election. If the district lies in more than one county,
the board of commissioners whose county contains the largest percentage of
the territory of said district shall canvass the returns of the first election.
History: En. Sec. 8, Ch. 242, L. 1957; Ch. 167, L. 1965; amd. Sec. 1, Ch. 263, L.
amd. Sec. 1, Ch. 258, L. 1959; amd. Sec. 7, 1967.
16-4509. Officers subject to recall. Every incumbent of an elective
office, whether elected by popular vote for a full term, or elected by the
board of directors to fill a vacancy, or appointed by a mayor or by said
164
COUNTIES 16-4520
board of commissioners for a full term, is subject to recall by the
voters of any district organized under the provisions of this act, in accord-
ance with the recall provisions of sections 11-3220 to 11-3227, both in-
clusive, applicable to officers under tlie commissioner-manager plan.
History: En. Sec. 9, Ch. 242, L. 1957;
amd. Sec. 1, Ch. 263, L. 1967.
16-4513. Informality not to invalidate. No informality in any pro-
ceeding or informality in the conduct of any election, rot substantially
affecting adversely the legal rights of any citizen, shall be held to in-
validate thf incorporation of any district, and any proceeding wherein the
validity of such incorporation is denied shall be commenced within three
(3) months from the date of the certificate of incorporation, otherwise said
incorporation and the legal existence of said district, and all proceedings
in respect thereto, shall be held to be valid and in every respect legal and
incontestable.
History: En, Sec. 13, Ch. 242, L. 1957;
amd. Sec. 1, Ch. 263, L. 1967.
16-4517. Bonded indebtedness. Whenever the board of directors deem
it necessary for the district to incur a bonded indebtedness, it shall by a
resolution so declare and state the purpose for which the proposed debt
is to be incurred, the land within the district to be benefited thereby, the
amount of debt to be incurred, the maximum term the bonds proposed
to be issued shall run before maturity, which shall not exceed forty (40)
years, and the maximum rate of interest to be paid, which shall not ex-
ceed seven per cent (7%) per annum, and the proposition to be sub-
mitted to the electors.
History: En. Sec. 17, Ch. 242, L. 1957.
16-4518. Election. The board of directors shall fix a date upon which
an election shall be held for the purpose of authorizing said bonded in-
debtedness to be incurred. It shall be the duty of the board of directors to
provide for holding such special election on the day so fixed, in accord-
ance with the general election laws of the state, so far as the same shall
be applicable, except as herein otherwise provided.
History: En. Sec. 18, Ch. 242, L. 1957.
16-4519. Notice. Such board of directors shall give notice of the
holding of such election, which notice shall contain the resolution adopted
by the board of directors of the district, boundaries of voting precincts,
which shall include therein only the lands to be benefited, as stated in such
resolution, the location of polling places, and the names of the officers
selected to conduct the election, who shall consist of one judge, one inspec-
tor and two clerks in each precinct.
History: En. Sec. 19, Ch. 242, L. 1957;
amd. Sec. 1, Ch. 263, L. 1967.
16-4520. Publication. Such notice shall be published for ten (10)
consecutive days in a daily newspaper or in two (2) issues of a weekly
165
16-4521 ELECTION LAWS
newspaper published in each county wherein such district is located, which
newspaper or newspapers shall be designated by the board of directors.
Every qualified elector, owning taxable real property, within such voting
precincts, but no others, shall be entitled to vote at such election. All the
expenses of holding such election shall be borne by the district.
History: En. Sec. 20, Ch. 242, L. 1957; 8, Ch. 167, L. 1965; amd. Sec. 1, Ch. 263,
amd. Sec. 2, Ch. 258, L. 1959; amd. Sec. L. 1967.
16-4521. Canvass of returns. The returns of such election shall be
made to and the votes canvassed by said board of directors on the first
Monday following said election, and the results thereof ascertained and
declared in accordance with the general election laws of the state, so
far as they may be applicable, except as herein otherwise provided. The
secretary of the board of directors, as soon as the result is declared, shall
enter in the records of such board a statement of such results. No irregu-
larities or informalities in conducting such election shall invalidate the
same, if the election shall have otherwise been fairly conducted. In all
respects not otherwise provided for herein, said election shall be called,
managed and directed as is by law provided for general elections in this
state applicable thereto, except as herein otherwise provided.
History: En. Sec. 21, Ch. 242, L. 1957.
16-4522. Two-thirds vote necessary. If from such returns it appears
that more than two-thirds of the votes cast at such election were in favor
of and assented to the incurring of such indebtedness, then the board
of directors may, by resolution, at such time or times as it deems proper,
provide for the form and execution of such bonds and for the issuance of
any part thereof, and may sell or dispose of the bonds so issued at such
times or in such manner as it may deem to be to the public interest.
History: En. Sec. 22, Ch. 242, L. 1957.
16-4529. Initiative. Ordinances may be passed by the electors of any
district organized under the provisions of this act in accordance with the
methods provided by the general laws of the state for direct legislation
applicable to cities and towns.
History: En, Sec. 29, Ch. 242, L. 1957;
amd. Sec. 1, Ch. 263, L. 1967.
16-4530. Referendum. Ordinances may be disapproved and thereby
vetoed by the electors of any such district by proceeding in accordance
with the methods provided by the general laws of the state for protesting
against legislation by cities and towns.
History: En. Sec. 30, Ch. 242, L. 1957;
amd. Sec. 1, Ch. 263, L. 1967.
16-4531. Adding to and consolidation of district. Any portion of any
county or any municipality, or both, may be added to any district organized
under the provisions of this act, at any time, upon petition presented in the
manner therein provided for the organization of such district, which petition
may be granted by ordinance of the board of directors of such district. Such
166
COUNTIES 16-4531
ordinance shall be submitted for adoption or rejection to the vote of the
electors in such district and in the proposed addition, at a general or spe-
cial election held as herein provided, within seventy (70) days after the
adoption of such ordinance. If such ordinance is approved, the president
and secretary of the board of directors shall certify that fact to the secre-
tary of state and to the county recorder of the county in which such dis-
trict is located. Upon the receipt of such last mentioned certificate the
secretary of state shall, within ten (10) days, issue his certificate, reciting
the passage of said ordinance and the addition of said territory to said
district. A copy of such certificate shall be transmitted to and filed with the
county clerk of the county in which such district is situated. From and
after the date of such certificate the territory named therein shall be
deemed added to and form a part of said district, with all the rights,
privileges and powers set forth in this act and necessarily incident thereto.
Two or more districts organized under the provisions of this act may
consolidate, at any time, upon petitions submitted to the board of directors
of each such district. Such petitions shall be in the form required for
petitions for the organization of districts. Each such petition shall be
signed by not less than ten per cent (10%) of the registered voters of the
territory included within said district. Said petitions may be granted by
ordinance of the board of directors of each of said districts. Such ordi-
nances shall be submitted for adoption or rejection to the vote of the
electors in such districts at general or special elections held as herein pro-
vided within seventy (70) days after the adoption of such ordinances. If
such ordinances are approved, the president and secretary of the boards of
directors of each of said districts shall certify that fact to the secretary of
state and to the county clerk of the county or counties in which such dis-
tricts are located. Upon the receipt of said certificate the secretary of state
shall, within ten (10) days, issue his certificate, reciting the passage of said
ordinances and the consolidation of said districts. A copy of such certificate
shall be transmitted to and filed with the county clerk of each county in
which such consolidated district is situated. From and after the date of
such certificate, the said districts shall be deemed to be consolidated and
shall consist of one district with all the rights, privileges and powers set
forth in this act and necessarily incident thereto. The number and manner
of selection and election of directors of the consolidated district shall be the
same as the number and manner of selection and election of directors of
newly organized districts.
History: En. Sec. 31, Ch. 242, L. 1957;
amd. Sec. 1, Ch. 263, L. 1967.
TITLE 19
DEFINITIONS AND GENERAL PROVISIONS
CHAPTER 1
DEFINITIONS AND CONSTRUCTION OP TEEMS— HOLIDAYS— OTHER
GENERAL PROVISIONS
Section 19-107. Legal holidays and bnsineu days defined.
167
19-107 ELECTION LAWS
19-107. (10) Legal holidays and business days defined. The follow-
ing are legal holidays in the state of Montana, to wit: Every Sunday;
the first day of January (New Year's Day) ; the twelfth day of February
(Lincoln's Birthday) ; the twenty-second day of February (Washington's
Birthday) ; the thirtieth day of May (Memorial Day) ; the fourth day of
July (Independence Day) ; the first Monday of September (Labor Day) ;
the twelfth day of October (Columbus Day) ; the eleventh day of Novem-
ber (Veterans' Day) ; the twenty-fifth day of December (Christmas Day) ;
every day on which a general election is held throughout the state and
every day appointed by the president of the United States or by the gov-
ernor of this state for a public fast, thanksgiving or holiday. If any of
the holidays herein enumerated (except Sunday) fall upon a Sunday, the
Monday following is a holiday. All other days than those herein mentioned
are to be deemed business days for all purposes, except as herein pro-
vided.
Whenever any bank in the state of Montana elects to remain closed
and refrains from the transaction of business on Saturday, pursuant to
authority for permissive closing on Saturdays by virtue of the laws of the
state, legal holidays for such bank during the year of such election are
hereby limited to the following holidays, and no other holidays, viz.:
Every Sunday; the first day of January (New Year's Day) ; the thirtieth
day of May (Memorial Day) ; the fourth day of July (Independence Day) ;
the first Monday of September (Labor Day) ; the twenty-fifth day of
December (Christmas Day) ; and every day appointed by the president
of the United States of America or by the governor of the state of Mon-
tana for a public fast, thanksgiving or holiday; provided, however, that
any bank practicing Saturday closing in compliance with law may remain
closed and refrain from the transaction of business on Saturdays, not-
withstanding that a Saturday may coincide with a legal holiday other
than one of the holidays designated above for banks practicing Saturday
closing in compliance with law, and provided further that it shall be op-
tional for any bank, whether practicing Saturday closing or not, to observe
as a holiday and to be closed on any day upon which a general election
is held throughout the state of Montana and on the eleventh day of
November (Veterans' Day) and on any local holiday which historically
or traditionally or by proclamation of a local executive ofScial or gov-
erninor body is established as a day upon which businesses are generally
closed in the community in which the bank is located.
History: Ap. p. Sec. 10, Pol. C. 1895; 1921; amd. Sec. 1, Ch. 209, L. 1955; amd.
!r,t^"„,^^^- ^°' ^^^- ^- '^^^'^' ^^^- Sec. 1, Sec. 1, Ch. 6, L. 1965. Cal. Pol. C. Sees.
Ch. 21, 1921; re-en. Sec. 10, R. C. M. lo-ll
168
I
TITLE 23
ELECTIONS
Chapter 1. Time of holding' elections — proclamations, 23-101 to 23-106.
2. Publication of questions submitted to popular vote, 23-201, 23-202.
3. Qualifications and privileges of electors, 23-301 to 23-311.
4. Election precincts, 23-401 to 23-407.
5. Registration of electors, 23-501 to 23-534.
6. Judges and clerks of elections, 23-601 to 23-612.
7. Election supplies, 23-701 to 23-713.
8. Nomination of candidates for special elections by convention or primary
meetings or by electors, 23-801 to 23-820.
9. Party nominations by direct vote — the direct primary, 23-901 to 23-936.
10. Political parties, 23-1001 to 23-1009,
11. Ballots, preparation and form, 23-1101 to 23-1117.
12. Conducting elections — the polls — voting and ballots, 23-1201 to 23-1228.
13. Voting by absent electors, 23-1301 to 23-1321.
14. Voting by absent electors in United States service, 23-1401 to 23-1406.
15. Registration of electors absent from county of their residence, 23-1501 to
23-1503.
16. Voting machines — conduct of election when used, 23-1601 to 23-1618.
17. Election returns, 23-1701 to 23-1715.
18. Canvass of election returns — results and certificates, 23-1801 to 23-1819.
19. failure of elections — proceedings on tie vote, 23-1901 to 23-1904.
20. Nonpartisan nomination and election of judges of supreme court and dis-
trict courts, 23-2001 to 23-2014.
21. Presidential electors, how chosen — duties, 23-2101 to 23-2111.
22. Members of Congress — elections and vacancies, 23-2201 to 23-2206.
23. Recount of ballots— results, 23-2301 to 23-2323.
24. Conventions to ratify proposed amendments to constitution of the United
States, 23-2401 to 23-2411.
25. Electronic voting systems, 23-2501 to 23-2507.
CHAPTER 1
TIME OF HOLDING ELECTIONS— PROCLAMATIONS
Section 23-101. General elections, when to be held.
23-102. Special elections — purpose and calling.
23-103. Election proclamations by the governor.
23-104. Governor's proclamation, contents.
23-105. Publication and posting by county commissioners.
23-106. Election proclamation by county commissioners.
23-101. (531) General elections, when to be held. There must be held
throughout the state, on the first Tuesday after the first Monday of No-
vember, in the year eighteen hundred and ninety-four, and in every second
year thereafter, an election to be known as the general election.
History: En. Sec. 1150, Pol. C. 1895; Election law violations, sec, 94-1401 et
re-en. Sec. 450, Rev. C, 1907; re-en. Sec. seq.
531, R, C. M. 1921. Cal. Pol. C. Sec. 1041. Initiative and referendum, sec. 37-101
et seq.
Cross-References
Cities and towns, elections of officers. Definition
sees. 11-701 to 11-734. A general election is one held for the
Corrupt Practices Act, sees. 94-1427 to election of officers throughout the state.
94-1474.
169
23-102
ELECTIONS
State ex rel. Rowe v. Kehoe, 49 M 582,
591, 144 P 162.
References
State ex rel. Patterson v. Lentz, 50 M
322, 338, 146 P 932; Mulholland v. Ayers,
109 M 558, 562, 99 P 2d 234; Maddox v.
Board of State Canvassers, 116 M 217, 223,
149 P 2d 112; LaBorde v. McGrath, 116 M
283, 287, 149 P 2d 913; Pioneer Motors,
Inc. V. State Highway Commission, 118 M
333, 165 P 2d 796, 800.
Collaterai References
Elections®=338.
29 C.J.S. Elections § 77.
23-102. (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 improvement desired to be made
in the county.
improvement. State ex rel. Eowe v. Kehoe,
49 M 582, 591, 144 P 162.
History: En. Sec. 1151, Pol. C. 1895;
amd. Sec. 451, Rev. C. 1907; re-en. Sec.
532, R. C. M. 1921. Cal. Pol. C. Sec. 1043.
Cross-References
Airport bonds, sec. 1-804.
Beer, local option elections, sec. 4-350
et seq.
Cities and towns, bond elections, sees.
11-2301 to 11-2330.
County bonds and warrants, sees. 16-
2001 to 16-2050.
Local option elections, state liquor con-
trol act, sec. 4-142 et seq.
Retail liquor licenses, local option elec-
tion, sees. 4-431 to 4-437.
School bonds, sees. 75-3901 to 75-3944,
75-4112, 75-4113, 75-4115 to 75-4118, 75-
4601 to 75-4606.
School taxation, sees. 75-3801 to 75-3805.
Definition
A special election is one held to supply
a vacancy in a public office, or one in
which is submitted to the electors a
proposition to raise money for any public
"Vacancy"
The word vacancy as applied to a pub-
lic office has no technical meaning, and it
is not to be taken in a strict technical
sense in every case. It may be said that an
office is vacant when it is empty and with-
out an incumbent who has a right to
exercise its functions and take its fees or
emoluments even though the vacancy is
not a corporal one. "An office without an
incumbent is vacant." LaBorde v. Mc-
Grath, 116 M 283, 292, 149 P 2d 913.
References
State ex rel. Patterson v. Lentz, 50 M
322, 338, 146 P 932; Mulholland v. Ayers,
109 M 558, 562, 99 P 2d 234; Bottomly v.
Ford, 117 M 160, 163, 157 P 2d 108.
Collateral References
Counties<S=>151; Elections<S=>32.
20 C.J.S. Counties §226; 29 C.J.S. Elec-
tions § 66.
23-103. (533) Election proclamations by the g-ovemor. 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 repre-
sentatives, 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.
History: En. Sec. 1160, Pol. C. 1895;
re-en. Sec. 452, Rev. C, 1907; re-en. Sec.
533, R. C. M. 1921. Cal. Pol. C. Sec. 1053.
Application of Section
As this section does not impose upon
the governor the duty to call an election
to fill vacancies other than those in the
offices of state senator and member of the
house of representatives, and he is not
presumed to know what, if any, vacancy
exists in any local county office, apparently
proclamation by the governor is necessary
only when an election is to be held to fill
offices for the next regular term, except
to fill vacancies in the two offices of state
senator and member of the house of rep-
resentatives. State ex rel. Rowe v. Kehoe,
49 M 582, 591, 144 P 162.
170
TIME OF HOLDING ELECTIONS — PROCLAMATIONS
23-105
Calling of Special Election by Board of
County Commissioners
While the provisions of the codes relat-
ing to the manner of calling special elec-
tions arc crude and not in the most appro-
priate terms to confer the necessary pow-
ers upon boards of county commissioners,
they are nevertheless sufficient for this
purpose. State ex rel. Patterson v. Lentz,
50 M 322, 343, 146 P 932.
Notice of Qeneral Election
The governor issued his proclamation
giving notice of a general election to be
held November 8, 1904, under this sec-
tion and section 23-104, and omitted
therefrom the mention of an election of
three judges for the second judicial dis-
trict, and called for the election of tvi'o
judges. Upon mandamus proceedings
against the governor the relator claimed
that three judges should have been men-
tioned in the proclamation, and that he
was elected and entitled to receive from
the governor a commission as judge. As
it failed to appear that the electors voted
for more than two candidates for judge-
ships, the petition was dismissed. State
ex rel. Breen v. Toole, 32 M 4, 8, 79 P
403.
A statement in the proclamation of the
governor giving notice of a general elec-
tion, that among other officers there was
to be elected "also a district judge, in any
judicial district where a vacancy may ex-
ist," was not such a notice of the necessity
of filling a vacancy by election as required
by this section. State ex rel. Patterson v.
Lentz, 50 M 322, 343, 146 P 932.
The governor's proclamation should
state the offices to be filled, especially
where a state office, such as a judgeship,
held by his appointee, is to be filled; but,
if the people have actual notice that a
judge is to be elected and indicate their
choice, no insufficiency of notice, in the
governor's proclamation, of a vacancy in
that office, in any particular district, or
other informality in the election, will
suffice to defeat their will, as expressed
by their votes. State ex rel. Patterson v.
Lentz, 50 M 322, 343, 146 P 932.
References
State ex rel. Wulf v. McGrath, 111 M
96, 100, 106 P 2d 183; State ex rel. Grant
v. Eaton, 114 M 199, 209, 133 P 2d 588;
Herweg v. Thirty Ninth Legislative As-
sembly of State of Montana, 246 F Supp
454.
Collateral References
Elections€=>40.
29 C.J.S. Elections § 72.
23-104. (534) Governor's proclamation, contents. Such proclamation
must contain :
1. A statement of the time of election, and the offices to be filled.
2. An offer of rewards in the following form : "And I do hereby offer
a reward of one hundred dollars for the arrest and conviction of any per-
son violating any of the provisions of sections 94-1401 to 94-1426. Such re-
wards to be paid until the total amount hereafter expended for the purpose
reaches the sum of five thousand dollars."
History: En, Sec. 1161, Pol. C, 1895;
re-en. Sec. 453, Rev. C. 1907; re-en. Sec.
534, R. C. M. 1921. Cal. PoL C. Sec. 1054.
References
State ex rel. Breen v. Toole, 32 M 4, 8,
79 P 403; State ex rel. Eowe v. Kehoe, 49
M 582, 591, 144 P 162; State ex rel. Patter-
son v. Lentz, 50 M 322, 343, 146 P 932;
Nordquist v. Ford, 112 M 278, 283, 114 P
2d 1071; Herweg v. Thirty Ninth Legisla-
tive Assemblv of State of Montana, 246
F Supp 454.
Collateral References
Elections®='41.
29 CJ.S. Election § 73.
23-105. (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 election ; and in
case of special elections to fill a vacancy in the office of state senator or
member of the house of representatives, the board of county commissioners,
upon receipt of such proclamation, may in their discretion, cause a copy
171
23-106
ELECTIONS
of the same to be published or posted as hereinbefore provided, except
that such publication or posting need not be made for a longer period
than five days before such election.
tice amply met by distribution of copies of
the law. Nordquist v. Ford, 112 M 278,
283, 114 P 2d 1071.
History: En. Sec. 1162, Pol. 0. 1895;
re-en. Sec. 454, Rev. C. 1907; re-en. Sec.
535, K. C. M. 1921. Cal. Pol. C. Sec. 1055.
Inapplicable to Measures Put to People
by Legislature
Contention that because of failure to
have the governor's proclamation that Ch.
168, Laws 1939 (omitted), would be sub-
mitted to the electors at the general elec-
tion of 1940 published in newspapers as
required by this section and section 37-104,
the act is invalid, was not meritorious,
these sections applying only to measures
put before the people by their own peti-
tion, and not by the legislature, and no-
Beferences
State ex rel. Rowe v. Kehoe, 49 M 582,
591, 144 P 162; State ex rel. Cryderman v.
Wienrich, 54 M 390, 170 P 942; State ex
rel. Freeze v. Taylor, 90 M 439, 444, 4 P
2d 479; State ex rel. Wulf v. McGrath, 111
M 96, 100, 106 P 2d 183.
Collateral References
Elections€=342.
29 C.J.S. Elections § 74.
23-106. (536) Election proclamation by county commissioners. When-
ever a special election is ordered by the board of county commissioners,
they must issue an election proclamation, containing the statement provided
for in subdivision one of section 23-104, and must publish and post it in the
same manner as proclamations issued by the governor.
History: En. Sec. 1163, Pol. C. 1895; Special Election To Fill Vacancies
re-en. Sec. 455, Rev. C. 1907; re-en. Sec. jj^ case of vacancies in county offices,
536, R. C. M. 1921. Cal. Pol. C. Sec. 1056. boards of county commissioners have the
Application of Section
This section has no reference to elec-
tions held for raising money for public
improvements. The power conferred in
this behalf is exercised under special pro-
visions on the subject, found in that part
of the codes relating to county govern-
ment. State ex rel. Rowe v. Kehoe, 49 M
582, 592, 144 P 162.
Notice of Election
The notice of election does not take the
place of the election proclamation. Evers
V. Hudson, 36 M 135, 154, 92 P 462.
power, and it is their duty to call and pro-
vide for the holding of special elections to
fill them. State ex rel. Eowe v. Kehoe,
49 M 582, 592, 144 P 162.
References
State ex rel. Patterson v. Lentz, 50 M
322, 343, 146 P 932; State ex rel. Cryder-
man V. Wienrich, 54 M 390, 399,' 170
P 942.
Collateral References
Elections<3=»40-42.
29 C.J.S. Elections §§ 72-74.
CHAPTER 2
PUBLICATION OF QUESTIONS SUBMITTED TO POPULAR VOTE
Section 23-201.
23-202.
Publication and printing of amendments to constitution.
Advertisement of questions to be submitted.
23-201. (537.1) Publication and printing- of amendments to constitu-
tion. Whenever a proposed constitutional amendment or amendments are
submitted to the people of the state for popular vote, the secretary of state
shall cause the said proposed amendment or amendments to be published in
full once a week in one newspaper in each county of the state, if such there
be, for three (3) months previous to the next general election for members
of the legislative assembly. Such publication shall not be had in more than
one paper in any one county in the state.
172
QUALIFICATIONS AND PRIVILEGES OF ELECTORS 23-301
The secretary of state shall also cause to be printed a pamphlet contain-
ing a true and exact copy of the proposed amendment or amendments,
and a true and exact copy of the existing constitutional provisions 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 amendments, printed as herein provided, shall
then be distributed as provided in section 37-107. 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 pro-
vided for in the statutes for state printing.
History: En. Sec. 1, Ch. 62, L. 1927; constitutional amendments, indicated its
amd. Sec. 1, Ch. 104, L. 1945. intent to disperse with publication prior
to general election of legislative acts re-
Cross-Reference ferred to the people by the legislature,
Explanation of initiative, referendum or the governor's proclamation that such
and constitutional measures to be prepared act would be voted upon at such election,
by attorney general, sec. 37-104.1. Nordquist v. Ford, 112 M 278, 283, 114
P 2d 1071.
Operation and Effect
Legislature, by repealing section 537, Collateral Kef erences
B. C. M. 1935 and leaving in effect this Constitutional Law®=59 (1).
section requiring publication of proposed 16 C.J.S. Constitutional Law § 10.
23-202. (538) Advertisement of questions to be submitted. Questions
to be submitted to the people of the county or municipality must be ad-
vertised by publication in at least one newspaper within the county or
municipality, once a week for two successive weeks, and one of such publi-
cations in such newspaper must be upon the last day upon which such news-
paper is issued before the election.
History: En. Sec. 1, Ch. 130, L. 1919; CoIlateralBef erences
re-en. Sec. 538, B. 0. M. 1921. Election8<®=»40 et seq.
References 29 CJ.S. Elections § 71 et seq.
State ex rel. Wulf v. McGrath, 111 M
96, 100, 106 P 2d 183.
CHAPTER 3
QUALrFICATIONS AND PRIVILEGES OF ELECTORS
Section 23-301. Elections to be by ballot.
23-302. Qualifications of voter.
23-303. Qualifications of electors at elections on incurring state indebtedness.
23-304. Lists and precinct registers.
23-305. Duties of secretary of state and county clerks.
23-306. Repealing clause — exception.
23-307. Qualification of electors on elections concerning state tax levy or debt.
23-308. Privilege from arrest.
23-309. Exempt from military duty on election day.
23-310. Idiot or insane.
23-311. Who are taxpayers.
23-301. (539) Elections to be by ballot. All elections by the people
shall be by ballot.
History: En. Sec. 1180, Pol. 0. 1895; Collateral References
re-en. Sec. 461, Rev. C. 1907; re-en. Sec. Elections<©='161.
539, R. C. M. 1921. 29 C.J.S. Elections § 149.
173
23-302
ELECTIONS
23-302. (540) Qualifications of voter. 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 spe-
cial elections and for all officers that now are, or hereafter may be, elective
by the people, and upon all questions which may be submitted to the vote of
the people: First, he must be a citizen of the United States; second, he
must have resided in the state one year and in the county thirty days
immediately preceding the election at which he offers to vote. No 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.
History: En. Sec. 1181, Pol. C. 1895;
re-en. Sec. 462, Kev. C. 1907; re-en. Sec.
540, R. C. M. 1921. Cal. Pol. C. Sec. 1083.
NOTE. — The word "male" appearing
in the first line of this section as enacted
in 1895 is omitted from this code to con-
form to the constitutional amendment.
Voting Is an Affirmative Act, Vote for
Deceased Candidate Not Counted as Op-
posed to Write-In
The casting of a ballot at an election
of public officers is an affirmative, not a
negative act — an act done with intention
of voting for someone; hence if it is the
purpose of voters to defeat a certain can-
didate, that purpose can be accomplished
only by voting for some person in opposi-
tion to him, and not by voting for a per-
son who died some weeks before election
with the expectation that the vote cast for
him would be counted as opposed to the
person sought to be defeated; one who
has died is no longer a person for whom,
under section 2, article IX of the con-
stitution, a voter may cast his ballot.
State ex rel. Wolff v. Guerkink, 111 M
417, 426, 109 P 2d 1094, 133 ALE 304.
References
State ex rel. Kennedy v. Martin, 24 M
403, 408, 62 P 588; Sommers v. Gould,
53 M 538, 544, 165 P 599; State ex rel.
Henderson v. Dawson County, 87 M 122,
142, 286 P 125; State ex rel. Durland v.
Board of County Comnirs. of Yellowstone
County, 104 M 21, 27, 64 P 2d 1060; State
ex rel. Van Horn v, Lyon, 119 M 212, 173
P 2d 891, 892; In re Ingersol's Estate, 128
M 230, 272 P 2d 1003, 1005.
Collateral References
Elections<&='59 et seq.
29 C.J.S. Elections § 16 et seq.
25 Am. Jur. 2d 751, Elections, § 58.
Eeraoval by executive clemency of dis-
qualification to vote resulting from con-
viction of crime as applicable in case of
conviction in federal court or court of an-
other state. 135 ALE 1493.
Validity of governmental requirement
of oath of allegiance or loyalty as applied
to voters. 18 ALE 2d 329.
State voting rights of residents of fed-
eral military establishment. 34 ALE 2d
1193.
What constitutes "conviction" within
constitutional or statutory provision dis-
enfranchising one convicted of crime. 36
ALE 2d 1238.
23-303. Qualifications of electors at elections on incurring state in-
debtedness. At all elections at which the question submitted is the incur-
ring 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 within the state and who are tax-
payers upon property therein and whose names appear upon the last com-
pleted 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
174
QUALIFICATIONS AND PRIVILEGES OF ELECTORS 23-304
published one time in the official newspaper of the county a notice, sijjnod
by hira, stating that registration 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 pro-
viding 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 registration
for such general biennial election.
History: En. Sec. 1, Ch. 28, L. 1945. of Examiners, 125 M 419, 239 P 2d 283,
290.
Objection Must Be Baised before Elec-
tion References
The objection that a measure creates Pioneer Motors, Inc. v. State Highway
a state debt, levy, or liability and that Commission, 118 M 333, 165 P 2d 796, 800.
therefore it should have been placed upon
a separate ballot as required by this sec- Collateral References
tion, is waived if not raised before the Elections<S=*79-83.
election. State ex rel. Graham v. Board 29 C.J.S. Elections §§ 28, 29.
23-304. Lists and precinct regfisters. After the closing of registrations
the county clerk of each county shall promptly prepare lists of registered
electors of all voting precincts in his county. He shall also prepare the
precinct register for each precinct in the manner provided by section 23-515,
and deliver the same to the judges of election prior to the opening of the
polls. In preparing precinct registers it shall not be necessary for the
county clerk to make separate precinct registers containing only the
names of electors who are qualified to vote on the question of the incurring
of a state debt, the issuance of bonds or debentures by the state or the
levying of a state tax. In lieu of preparing such a list of electors qualified
to vote on such question, the county shall stamp the word "TAX-
PAYER" on the precinct register opposite the name of each qualified elec-
tor who is a taxpayer and entitled to vote upon any of the questions here-
inbefore indicated. No other showing shall be required to establish that
such elector is in fact a taxpayer and entitled to vote as such.
All of the laws of this state applying to the holding of general biennial
state elections, in so far as the same are applicable thereto and not in con-
flict with any of the provisions of this act, shall apply to, and govern and
control such election and the canvassing 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 23-1812, 23-1813, for the abstract of votes for state officers.
History: En. Sec. 2, Ch. 28, L. 1945; Collateral References
amd. Sec. 1, Ch. 92, L. 1949; amd. Sec. 1, Elections<S=>113.
Ch. 64, L. 1959. 29 C.J.S. Elections § 49.
175
23-305 ELECTIONS
23-305. Duties of secretary of state and county clerks. When any such
law is to be submitted at a general biennial election, all of the provisions
of section 37-107, prescribing the duties of the secretary of state and county
clerks, shall apply to and govern and control the printing and distribu-
tion of copies of such law.
History: En. Sec. 3, Ch. 28, L. 1945.
23-306. Repealing clause — exception. All acts and parts of acts in con-
flict herewith are hereby repealed ; provided, however, that nothing in this
act shall be deemed to repeal section 23-307.
History: En. Sec. 4, Ch. 28, L. 1945.
23-307. Qualification of electors on elections concerning state tax levy
or debt. 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 assessment roll for such county, but
does appear on the last completed assessment 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 tliat the taxes had not been paid at the time of the
issuance of such certificate. Every such certificate issued by a county
treasurer shall be dated, numbered, give the name of the elector, a brief de-
scription 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 treasurer's certificate is presented by a registered elector to the
county clerk and recorder he shall enter his name in the pollbook of
electors entitled to vote on such question, and there shall be entered there-
in 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 assess-
ment roll for such county.
History: En. Sec. 1, Ch. 44, L. 1941.
23-308. (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.
176
ELECTION PRECINCTS 23-401
History: En. Sec. 1183, Pol. C. 1895; Collateral Keferences
re-en. Sec. 464, Rev. O. 1907; re-en. Sec. Election8<&=>233.
541, B. C. M. 1921. CaL Pol. C. Sec. 1069. 09 (j.J.S. Elections § 215.
Cross-Reference
Persons exempt from arrest, sec. 95-616.
23-309. (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.
History: En. Sec. 1184, Pol. C, 1895;
re-en. Sec. 465, Rev. C. 1907; re-en. Sec.
642, R. C. M. 1921. Cal. Pol. C. Sec. 1070.
23-310. (543) Idiot or insane. No idiot or insane person is entitled to
vote at any election in this state.
History: En. Sec. 1185, Pol. C. 1895; Collateral References
re-en. Sec. 466, Rev. C. 1907; re-en. Sec. Elections<S=>59.
543, R. 0. M. 1921. Cal. Pol. C. Sec. 1084. 29 C.J.S. Elections § 16.
23-311, (544) Who are taxpayers. The payment of a tax upon prop-
erty 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 tax-
payer at such election.
History: En. Sec. 1188, Pol. C. 1895; i^g the creation or increasing of indebted-
re-en. Sec. 469, Rev. C. 1907; re-en. Sec. ngss incident to a city water plant, it
544, R. C. M. 1921. also supersedes this section, and a city no
NOTE. — Since the constitutional amend- longer may require payment of taxes as a
ment granting equal rights of suffrage condition to the right of an elector on
to women, section 468 of the Revised Codes proposals to create or increase city in-
of Montana, 1907, has been omitted from debtedness. Weber v. City of Helena, 89
this codification and the last line of sec- M 109, 116, 297 P 455.
tion 23-311 as enacted has also been omit-
Iq^^ References
City of Billings v. Nore, — M — , 417
Voting on City Indebtedness p 2d 458 464.
Since Chapter 47, Laws of 1929, im-
pliedly repeals section 5278, Revised Codes, Collateral References
1921 (since repealed), providing that only Elections®=>83.
taxpayers as defined by this section shall 29 C.J.S. Elections § 29.
be entitled to vote on questions concern-
CHAPTER 4
ELECTION PRECINCTS
Section 23-401. Establishment of election precincts.
23-402. Change in boundaries of precinct.
23-403, City council to certify ward boundaries.
23-404. County surveyor to make map of precincts.
23-405. City council to prepare map of wards.
23-406. Board to designate place in precinct for holding elections.
23-407. Proceedings where place not designated, etc.
23-401. (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
177
23-402 ELECTIONS
election precincts therein having reference to equalizing the number of
electors in the several precincts as nearly as possible. Precinct boundaries
shall conform to the wards of incorporated cities of the first, second and
third class and to the boundaries of school districts of the first class only,
provided that any ward or school district may be divided into two or more
precincts and any precinct may be divided into two or more polling places.
In towns, or municipal corporations other than the cities of the first, sec-
ond and third class, election precincts may, however, include two or more
wards, or may comprise the territory included by one or more wards, to-
gether with contiguous territory lying outside the said incorporated towns.
History: En. Sec. 2, Ch. 113, L. 1911; Collateral References
amd. Sec. 2, Ch. 74, L, 1913; amd. Sec. Election8<S=»46 48
2, Ch. 122, L. 1915; re-en. Sec. 545, R. C. oo n t « ^ +'• ce ^^ s^
M. 1921; ^d. Sec. 1, Ch. 25. L. 1929. Cal. ^9 C.J.S. Elections §§ 53, 54.
Pol. C. Sees. 1127-1132.
References
Atkinson v. Roosevelt County, 71 M
165, 181, 227 P 811.
23-402. (546) Change in boundaries of precinct. The board of county
commissioners may change the boundaries of precincts and create new or
consolidated established precincts, but no precincts 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 desig-
nated by numbers but may also be designated by distinctive names in ad-
dition to such numbers.
History: En. Sec. 3, Ch. 113, L. 1911; Collateral References
amd. Sec. 3, Ch. 74, L. 1913; amd. Sec. 3, Election8<S=»48
Ch. 122, L. 1916; re-en. Sec. 546, R. C. M. 29 C.J.S. Elections S 54.
1921. '^
References
Atkinson v. Roosevelt County, 71 M
165, 181, 227 P 811.
23-403. (547) City council to certify ward boundaries. The city coun-
cil 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.
History: En. Sec. 4, Ch. 113, Ii. 1911; References
amd. Sec. 4, Ch. 74, L. 1913; amd. Sec. 4, Weber v. City of Helena, 89 M 109, 123,
Ch. 122, L. 1915; re-en. Sec. 547, R. C. M- 097 p 455
1921.
23-404. (548) County surveyor to make map of precincts. The county
surveyor of each county must, within ten days after the board of county
commissioners shall have established or changed the boundaries of any
178
ELECTION PRECINCTS 23-407
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.
History: En. Sec. 5, Ch. 113, L. 1911; References
amd. Sec. 5, Ch. 74, L. 1913; amd. Sec. 5, Atkinson v. Roosevelt County, 71 M
Ch. 122, L. 1916; re-en. Sec. 548, R. C. M. jgs, 181, 227 P 811.
1921.
23-405. (549) City council to prepare map of wards. The city council
of any incorporated city or town shall, within ten days after the ward lines
of such city or town shall have been established or changed, deliver or cause
to be delivered to the county clerk of said county a map correctly showing
the boundaries of the wards within such city or town as then existing ; such
map shall also show all streets, avenues, and alleys by name, and the re-
spective wards by numbers, with the ward boundaries clearly defined
thereon.
History: En. Sec. 6, Ch. 113, L. 1911; References
amd. Sec. 6, Ch. 74, L. 1913; amd. Sec. 6, Weber v. City of Helena, 89 M 109,
Ch. 122, L. 1915; re-en. Sec. 549, R. C. M. i23, 297 P 455.
1921.
23-406. (550) Board to designate place in precinct for holding elec-
tions. The board must, at the session at which judges of election are ap-
pointed, make an order designating the house or place within the precinct
where the election must be held.
History: En. Sec. 1243, Pol. C. 1895; Collateral References
re-en. Sec. 497, Rev. C. 1907; re-en. Sec. Elections<3=»203.
550, R. C. M. 1921. 29 C.J.S. Elections § 193.
References
Atkinson v. Roosevelt County, 71 M
165, 181, 227 P 811.
26 Am. Jut. 2d 61, Elections, § 228.
23-407. (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.
History: En. Sec. 1244, Pol. C. 1895; re- any reason it cannot be held at the place
en. Sec. 498, Rev. C. 1907; re-en. Sec. 551, appointed, it will be presumed that official
R. C. M. 1921. duty was regularly performed by them and
that they did change it, and the writ
Changing Designation ^^ isgue commanding action. State ex
Where a board of county canvassers rel. Moore v. Patch, 65 M 218, 225, 211 P
refused to canvass election returns from 202.
a precinct on the ground that it appeared
upon the face of the returns that the References
election had not been held at the place Atkinson v. Roosevelt County, 71 M
designated by the board of county com- 165, 181, 227 P 811.
missioners, and on application for writ , „ -
of mandate to compel them to act, noth- Collateral References
ing was shown affirmatively by pleadings Election8<^=>203.
or otherwise that the judges of election at 29 C.J.S. Elections § 193.
the precinct had not pursued this section 26 Am. Jur. 2d 61, 62, Elections §§ 228,
giving them authority to change the place 229.
of election upon two days' notice if for
179
23-501 ELECTIONS
CHAPTER 5
EEGISTKATION OF ELECTORS
Section 23-501. County clerk as county registrar.
23-501.1. New-voter lists furnished to political parties.
23-502. Registry book and card index — affidavit of voter — lost naturalization
papers.
23-503. Method of registering.
23-504. Elector infirm or residing at a distance.
23-505. Notaries and justices of the peace — deputy registrars — compensation.
23-506. Penalty for violation of act.
23-507. Hours of registration — registry cards — duty of clerk.
23-508. Procedure when applicant not qualified at time of registration.
23-509. Transfer of registration within county.
23-510. Inquiry as to previous registrations— procedure.
23-511. Cancellation of registry for failure to vote — reregistration — exception
of persons in United States service.
23-512. Withdrawal from cancellation of registration cards of persons in mili-
tary service.
23-513. Close of registration — procedure.
23-514. Printing and posting of lists of registered electors.
23-515. Precinct register — combining — when not furnished city or town.
23-516. Registration during period closed for election.
23-517. Cancellation of registrations.
23-518. Cancellation of registration cards, when.
23-519. Compensation of county clerks.
23-520. Copies of precinct registers.
23-521. Challenges and action to be taken thereon.
23-522. Residence, rules for determining.
23-523. Certificates of naturalization, presentation to registrar.
23-524. Voter to sign precinct register books.
23-525. Compelling entry of names in great register.
23-526, Name of voter must appear in copy of register — identification of voter.
23-527. Omission of name from precinct registers — remedy.
23-528. Authority of deputy county clerk.
23-529. "Elector" defined.
23-530. "Election" defined.
23-531. Violation of act, penalty for.
23-532. Challenging of elector and administration of oath.
23-533. Acts constituting violation of law — penalty.
23-534. County commissioners to supply clerk with help.
23-501. (553) County clerk as county registrar. The county clerk of
each county of the state of Montana is hereby declared to be ex officio coun-
ty 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 herein provided for,
and the register hereinafter provided for to be kept by said county clerk
is hereby declared to be an official record of the office of the county clerk of
each county.
History: En. Sec. 1, Ch. 113, L. 1911; Bawden, 51 M 357, 361, 152 P 761; State
amd. Sec. 1, Ch. 74, L. 1913; amd. Sec. 1, ex rel. Durland v. Board of County Com-
Ch. 122, L. 1915; re-en. Sec. 553, R. C. M. mrs. of Yellowstone County, 104 M 21,
1921. Cal. Pol. Sees. 1094-1119. 28, 64 P 2d 1060.
References Collateral References
State ex rel. Kehoe v. Stromme, 49 M Elections<>=>100.
25, 139 P 1002; State ex rel. Eagye v. 29 C.J.S. Elections § 42.
23-501.1. New-voter lists furnished to political parties. The county
clerk in each county shall, not later than thirty (30) days prior to the
180
REGISTRATION OF ELECTORS
23-502
close of registration for any general election, as provided in section
23-513, submit to the county chairman of the two major political parties,
a list of all persons residing in the county, who have reached voting age
since the last general election. This list shall be prepared from all available
sources in the county, and it shall be the duty of the other county, city
and school officials to co-operate with the county clerk in preparing such
list. The county clerk and other officials shall, in no event, be responsible
for any honest error or omission in preparing such list.
History: En. Sec. 5, Ch. 98, L. 1965.
23-502. (554) Registry book and card index — affidavit of voter — lost
naturalization papers. The official register of electors in each county shall
be contained in a book designated "register," which book shall be so
arranged in precincts and alphabetical divisions suitable to record the full
and complete information given by each elector, and a card index of which
the county clerk of such county shall at all times have the custody.
The cards shall be four by six inches in size, of white calendar stock, and
shall be so perforated that all cards in any drawer may be fastened in by
a rod passing through such perforations, which rod shall be kept locked
except when the clerk shall be making necessary changes in the register.
The registry book herein provided shall be in such form as shall be
designated by the secretary of state of the state of Montana. The registry
card shall be substantially in the following form :
(Face.)
State of Montana,!
County of j
Number Date Name Sex
Where born Date of birth 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 canceled Date registered Disability, if any
Place where last registered
State of Montana, 1
County of „ J ^'
181
23-503 ELECTIONS
, 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 else-
where 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.
(Back.)
Affidavit of Lost Naturalization Papers.
State of Montana, "|
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 naturalization, or a certified copj^ thereof, at
Subscribed and sworn to before me this day of , 19.
County Clerk and Ex officio Registrar.
By Deputy.
History: En. Sec. 7, Ch. 113, L, 1911; Propriety of test or question asked ap-
amd. Sec. 7, Ch, 74, L. 1913; ajnd. Sec. 7, plicant for registration as voter other than
Ch. 122, L. 1915; re-en. Sec. 554, R. C. M. formal questions relating to specific con-
1921; amd. Sec. 1, Ch. 98, L. 1965. ditions of his right to registration. 76 ALR
1238.
Collateral References Constitutionality of statutes in relation
ElectionsC^lOe 110. ^^ registration before voting at election
29 CJ.S. Elections §§ 39, 46, 47. or primary. 91 ALR 349.
25 Am. Jur. 2d 784, Elections, § 95. Nonregistration as affecting legality of
votes cast by persons otherwise qualified.
"Validity of statute requiring informa- 101 ALR 657.
tion as to age, sex, residence, etc., as a
condition of registration. 14 ALB 260.
23-503. (555) Method of registering. Any elector residing within the
county may register by appearing before the county clerk and ex officio
registrar and making correct answers to all questions propounded by the
county clerk touching the items of information called for by such registry
182
REGISTRATION OF ELECTORS 23-505
card, and by signing: and verifying or affirming the affidavit or affidavits
on the back of such card. Any elector in the United States service who is
absent from the state of Montana and the county of which he or she is
a resident may register either (a) by mailing such registry card filled
out and signed under oath to the county clerk of the county in which said
elector resides, or (b) by mailing the federal post card application filled
out and signed under oath to said county clerk.
If any person shall falsely personate another and procure the person so
personated to be registered, or if any person shall represent his name to
the county clerk or to the registration clerk or to any other person qualified
to register an elector, to be different from what it actually is, and cause
such name to be registered, or if any person shall cause any name to be
placed upon the registry lists otlierwise 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.
History: En. Sec. 8, Ch. 122, L. 1915; Collateral References
re-en. Sec. 555, R. C. M. 1921; amd. Sec. Electioiis©=>98, 106, 312.
4, Ch. 172, L. 1937; amd. Sec. 1, Cli. 83, 29 C.J.S. Elections 8S 39, 40, 46, 326.
L. 1953; amd. Sec. 1, Ch. 18, L. 1959; sa ' » >
amd. Sec. 2, Ch. 98, L. 1965.
23-504. (556) Elector infirm or residing at a distance. If any elector
resides more than ten miles distant from the office of the county clerk, he
may register before the deputy registrar within the precinct where such
elector resides. If by reason of physical infirmity the elector is unable to
appear before the county clerk or any deputy registrar, he may send written
notice to the county clerk or to the deputy registrar of such disability, with
the request that his registration be made at his residence. Upon receipt of
such notice and request it shall be the duty of the county clerk or deputy
registrar, as the case may be, to make the registration of such elector at his
residence; provided, that no greater sum than twenty-five cents may be
charged or received by any officer or person for taking the registration
of the elector herein provided for ; and provided further, that no officer or
person shall be entitled to receive from any county in the state of Montana
any charge for expenses incurred by reason of the provisions of this section.
History: En. Sec. 15, Ch. 74, L. 1913; Collateral References
amd. Sec. 9, Ch. 122, L. 1915; re-en. Sec. Elections<&=>106.
556, R. C. M. 1921. 29 C.J.S. Elections §§ 39, 46.
23.505. (557) Notaries and justices of the peace — deputy re^trars
— compensation. All notaries public and justices of the peace are desig-
nated as deputy registrars in the county in which they reside, and may
register electors residing in any precinct within the county and shall re-
ceive as compensation for their services the sum of twenty-five cents
(25$:) for each elector registered by them, provided that they shall receive
no compensation for their services where the elector resides less than ten
(10) miles from the county courthouse. The county commissioners shall
appoint two deputy registrars, one from each of the two major political
parties in this state, other than notaries public and justices of the peace,
183
23-506 ELECTIONS
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 cents (25fi) for each elector regis-
tered 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.
History: En. Sec. 10, Ch. 122, L. 1915; Collateral References
amd. Sec. 1, Ch. 38, L. 1917; re-en. Sec. ElectionsiS^lOO
557, R. C. M. 1921; amd. Sec. 5, Ch. 172, 09 c j,g Elections 8 42.
L. 1937; amd. Sec. 1, Ch. 51, L. 1941; amd. '^
Sec. 1, Ch. 80, L. 1955; amd. Sec. 3, Ch.
98, L. 1965.
23-506. Penalty for violation of act. 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 assistants,
or other persons whomsoever, upon whom any duty is imposed by this act,
or any of its provisions, who shall neglect such duty, or mutilate, destroy,
secrete, alter or change any such registry books, cards or records required,
or shall perform it in such way as to hinder the objects and purposes of
this act, shall be deemed guilty of a felony, shall, upon conviction thereof,
be punished by imprisonment in the state prison for a period of not less
than one (1) year or more than ten (10) years, and if such person be a
public officer, shall also forfeit his office, and never be qualified to hold
public office, either elective or appointive, thereafter.
History: En. Sec. 6, Ch. 172, L. 1937. Collateral References
Elcctions<2=>312.
29 C.J.S. Elections § 326.
23-507. (558) Hours of registration — registry cards — duty of clerk.
The office of the county clerk shall be open for registration of voters be-
tween the hours of nine a. m. and five p. m. on all days except legal
holidays. Registry cards shall be numbered consecutively in the order of
their receipt at the office of the county clerk ; provided, however, that elec-
tors who are registered upon the registry books in use in any county prior
to the passage and approval of this law shall retain upon their registry
cards the same number as they have severally had upon such books; and
provided also that such electors need not again appear at the office of the
county clerk to register, but the county clerk is hereby authorized to fill
out from such registry books registry cards for all electors entitled to vote
at the time of the passage and approval of this law, transcribing from such
books the data called for by such cards. The cards so filled out from the
registry books shall be marked "transcribed" by the county clerk,
and shall constitute part of the official register, and shall entitle the elector
represented by each such card to vote in the same manner as if the card
had been filled out, signed and verified by such elector. The countj^ clerk
shall classify registry cards according to the precincts in which the
several electors reside, and shall arrange the cards in each precinct in al-
184
REGISTRATION OF ELECTORS 23-509
phabetical order. The cards for each precinct shall be kept in a separate
filing case or drawer which shall be marked with the number of the pre-
cinct. The county clerk shall, immediately after filling out the card index or
registry cards as herein provided, enter upon the official register of the
county in the proper precinct the full information given by said elector.
History: En. Sec. 11, Ch. 122, L. 1915; Collateral References
re-en. Sec. 558, R. C. M. 1921. Electionse^JlOS, 109, 110.
29 C.J.S. Elections §§ 39, 47.
23-508. (559) Procedure when applicant not qualified at time of regis-
tration. If any applicant for registration applies to be registered who has
not resided within the state of Montana, or the county or city, for the re-
quired length of time, and who shall be entitled to and is qualified to
register on or before the day of election, provided he answers the question
of the county clerk in a satisfactory manner, and it is made to appear to
the county clerk that he will be entitled to become a qualified elector by
the date upon which the election is to be held, the county clerk shall ac-
cept such registration. If any person applies to be registered who is not
a citizen of the United States, but states that he will be qualified to be
registered as a citizen of the United States before the date upon which the
election is to be held, the county clerk shall accept such registration, but
shall place opposite the name of such person the words, "to be challenged
for want of naturalization papers," and such person shall not be entitled
to vote unless he exhibits to the judges of election his final naturalization
papers.
History: En. Sec. 12, Ch. 113, L. 1911; Collateral References
amd. Sec. 12, Ch. 74, L. 1913; amd. Sec. Elections<©=106.
12, Ch. 122, L. 1915; re-en. Sec. 659, R. C. 29 C.J.S. Elections §§ 39, 46.
M. 1921.
23-509. (560) Transfer of registration within county. Every elector,
on changing his residence from one precinct to another within the same
county, may cause his registry card to be transferred to the register of the
precinct of his new residence, by executing in person a registry card as
described in section 23-502 before the deputy registrar of the new precinct
or before a notary public or justice of the peace residing within the county,
provided that the deputy registrar, notary public or justice of the peace will
receive no compensation for this service, or by a request in writing to the
county clerk of such county, in the following form :
I, the undersigned elector, having changed my residence from Precinct
No. to Precinct No. in the County of , State
of Montana, herewith make application to have my registry card transferred
to the precinct register of the precinct of my present residence. My regis-
tration number is .
Dated at , on the day of , 19 — .
Whenever it shall be more convenient for any elector residing outside
of an incorporated city or town to vote in another precinct in the same
political township in the county, such elector may cause his registry card
to be transferred from the precinct of his residence to such other precinct,
185
23-510 ELECTIONS
by filing in the office of the county clerk of such county, at least thirty (30)
days prior to any election, a request in writing in the following form :
I, the undersigned elector, herewith make application to have my regis-
try 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
"When the elector desires to change his place of registration within a
county by a request in writing to the county clerk as provided above, the
county clerk shall compare the signature of the elector upon such written
request, with the signature upon the registry card of the elector as indi-
cated, and may question the elector as to any of the information contained
upon such registry card, and if the county clerk is satisfied concerning the
identity of the elector and his right to have such transfer made, he shall
endorse upon the registry card of such elector the date of the transfer and
the precinct to which transferred, and shall file said card in the register
of the precinct of the elector's present residence, or of the precinct to
which he has requested that his registry card be transferred, and the
county clerk shall in each case make a transfer of the elector's name, to-
gether with all data connnected therewith, to the proper precinct in the
register.
Where the elector changes his place of registration within a county by
executing a new registry card in the presence of a deputy registrar, notary
public or justice of the peace as provided in the first paragraph of this
section, the county clerk shall file said new card in the register of the pre-
cinct of the elector's present residence and shall make a transfer of the
elector's name, together with all data connected therewith, to the proper
precinct in the register. The old registry card shall be marked "canceled"
and placed in the "canceled file" described in section 23-511.
History: En. Sec. 17, Ch. 113, L. 1911; Collateral References
amd. Sec. 17, Ch. 74, L. 1913; amd. Sec. 13, ElectionsC=>119.
Ch. 122, L. 1915; amd. Sec. 1, Ch. 29, L. 29 C.J.S. Elections § 52.
1919; re-en. Sec. 560, R. C. M. 1921; amd. 25 Am. Jur. 2d 794, Elections. 8 107.
Sec. 2, Ch. 80, L. 1955. ' ' *
23-510. (561) Inquiry a^ to previous registrations — procedure. That
in the case of all future registrations, as required by the election laws of
the state of Montana, it shall be the duty of the clerk to question each per-
son 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 pur-
pose shall be substantially in the following form :
NAME RESIDENCE
(City) (County)
BIRTHPLACE _ AGE
186
REGISTRATION OF ELECTORS 23-511
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 , rej^istered as a resident entitled to vote
in county, in order that his registration may be can-
celed from the records in county, as provided by the
elections laws of the State of Montana.
Signature of elector:
Clerk and Recorder and ex officio regis-
trar
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 registered 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-
mediatel}' cancel the registration of the elector in his county, being the
county in which said elector previously voted. This must be done by draw-
ing a red line through the elector's name in the register, and also through his
name on the registration card.
History: En. Sec. 14, Ch. 122, L. 1915; CoUateral References
re-en. Sec, 561, E. C. M. 1921; amd. Sec. Elections<5=5ll9.
■6, Cli. 172, li. 1937. 29 C.J.S. Elections § 52.
23-511. (562) Cancellation of registry for failure to vote — reregistra-
tion — exception of persons in United States service. Immediately after
every general election, the county clerk of each county shall compare the
list of electors who have voted at such election in each precinct, as shown
by the official poUbooks, 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 "canceled," and shall place such canceled
cards for the entire county in alphabetical order in a separate drawer to be
known as the "canceled hie"; but any elector whose card is thus removed
from the official register may reregister in the same manner as his original
registration was made, and the registration card of any elector who thus
reregisters 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.
All electors whose registry cards are so removed and marked
"canceled," shall within thirty (30) days thereafter, be notified by the
county clerk in writing of such removal, by sending a notice to such
187
23-512 ELECTIONS
elector to his or her post-office address, as appearing on the registration
books, cards indexes, and register of electors.
In the case of an elector in the United States service who shall fail to
vote his or her registry card shall not be canceled, except for causes
designated under section 23-518.
History En Sec. 15, Ch. 122, L. 1915; ty Commrs. of Yellowstone County, 104
re-en Sec! 562, E. C. M. 1921; amd. Sec. M 21, 28, 64 P 2d 1060; Taylor v. Taylor,
1 Ch. 147, L. 1937; amd. Sec. 1, Ch. 144, 125 M 341, 238 P 2d 904, 906.
L. 1941; amd. Sec. 1, Ch. 177, L. 1943;
amd. Sec. 2, Ch. 18, L. 1959; amd. Sec. 4,
Ch. 98, L. 1965. Elections<&='108.
References
State ex rel. Durland v. Board of Coun-
Collateral References
Elections<S='108.
29 C.J.S. Elections § 48.
23-512. Withdrawal from cancellation of registration cards of persons
in military service. 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 November of 1942,
to withdraw from the "canceled 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 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 organizations
or any similar organizations auxiliary to the land and naval forces recog-
nized 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, provided 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 naval reserve, the women's array
auxiliary corps, and such other branches of the land and naval forces as
may be organized hereafter by the government of the United States includ-
ing persons engaged in the actual service of the American national red
cross association, or the united service organizations or any similar organ-
izations auxiliary to the land and naval forces recognized by the govern-
ment of the United States was registered at the time of such election, set-
ting 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 Ameri-
188
REGISTRATION OF ELECTORS
23-514
can 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 sucli elect i(m and his
residence is still witliin the county where he is registered ; provided f urtJier,
however, this shall not apply to those registration cards which have been
canceled for any of the causes designated under section 23-518.
History: En. Sec. 2, Ch. 177, L. 1943.
23-513. (566) Close of registration — procedure. The county clerk
shall close all registration for the full period of forty (40) days prior to
and before any election. He shall immediately transmit to the secretary
of state a certificate showing the number of voters registered in each
precinct in said county. The county clerk of each county must cause to
be published in a ncAvspaper within his county, having a general circula-
tion therein, for twenty (20) daj's before which time when such registra-
tion shall be closed for any election, a notice signed by him to the effect
that such registration will be closed on the day provided by law, and
which day shall be specified in such notice ; and must also state that
electors may register for the ensuing election by appearing before the
county clerk at his office, or by appearing before a deputy registrar or
before any notary public or justice of the peace in the manner provided
by law. The publication of such notice must continue for the full period
of twenty (20) days. At least twenty (20) days before the time when
the official register is closed for any election, the county clerk shall cause
to be posted in each voting precinct at such election, notice of the time
when the official register will close for such election.
History: En. Sec. 18, Ch. 113, L. 1911;
amd. Sec. 18, Ch. 74, L. 1913; amd. Sec.
16, Ch. 122, L. 1915; amd. Sec. 1, Ch. 97,
L. 1919; re-en. Sec. 566, R. C. M. 1921;
amd. Sec. 3, Ch. 156, L. 1965.
References
State ex rel. Cryderman v. Wienrich, 54
M 390, 399, 170 P 942; State ex rel. Van
Horn V. Lyon, 119 M 212, 173 P 2d 891,
892.
Collateral References
Elections<S='105.
29 C.J.S. Elections § 39.
DECISIONS UNDER FOEMER LAW
Duty of County Clerk
Section 566, R. C. M. 1921, impliedly
adopted by chapter 47, Laws of 1929 (84-
4711) and sections 567, 568 and 571, R. C.
M. 1921, incorporated therein by reference,
relating to the duties of the county clerk
in connection with the registration of
electors, control in an election on propos-
als to create or increase city indebtedness.
Weber v. City of Helena, 89 M 109, 112,
297 P 455.
Time for Holding Election
Under this section, as amended in 1915,
a period of not less than sixty days was
required to elapse between the time an
election was called and the time it was
held. State ex rel. Eagye v. Bawden, 51 M
357, 361, 152 P 761.
23-514. (567) Printing and posting of lists of registered electors. The
county clerk shall, at least ten (10) days preceding any election, cause to
be printed and posted a list of all electors entitled to be registered as
shown by the official register of the county, and who are on the precinct
registers as entitled to vote in the several precincts of such county, city
or town, or school district of the first class, provided, that if the city clerk
189
23-515 ELECTIONS
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 contain 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 printed 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 at each precinct in the county, not less than ten (10) daj's before
any election, as in this act provided for, 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. When the list of registered voters herein provided for has been
printed and posted for any primary election, the same may be posted and
used for the general election, but only if a supplemental list giving the
names of electors who may have registered after the first list was prepared
is printed and posted therewith.
History: Ap. p. Sec. 24, Ch. 113, L. 5i M 300, 399. 170 P 942; Weber v. City
1911; amd. Sec. 24, Ch 74, L. 1913; amd. of Helena. 89 M 109, 112, 297 P 455; State
Sec. 11, Ch. 122, L. 1915; amd. Sec. 2, .•>; lel. Fisher v. School District No. 1, 97
Ch. 97, L. 1919; amd. Sec. 1, Ch. 235, L. AI 358, 3(55, 34 P 2d 522; State ex rel.
1921; re-en. Sec. 567, E,. C. M. 1921; amd. Wulf v. McGrath, 111 M 96, 100, 106 P 2d
Sec. 1, Ch. 61, L. 1933; amd. Sec. 1, Ch. 183.
167, L. 1945; amd. Sec. 4, Ch. 156, L. 1965.
Collateral References
References Elections<£='109.
State ex rel. Cryderman v. Wienrich, 29 C.J.S. Elections § 47.
23-515. (568) Precinct register — combining — when not furnished city
or town. During the time intervening between the closing of the official
register and the day of the ensuing election, the county clerk shall prepare
for each precinct a book to be known as the "precinct register" which
shall be for the use of the clerks and judges of election in each such pre-
cinct. Such books shall be arranged for the listing of the names of the
electors in alphabetical divisions, each division to be composed of ruled
columns with appropriate headings, under which the information contained
upon the registry card of each elector shall be transcribed, excepting the
oath of the elector, and the certified copy of the precinct registers so pre-
pared 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
190
REGISTRATION OF ELECTORS 23-517
than one county precinct, the county clerk shall combine into one precinct
register 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 sliall omit from the list of names of all certified voters
so inserted in the precinct register 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 23-518, provided that the requirements
contained in the provisions of said section shall have been brought to the
attention of the county clerk not less than twenty days preceding the
election. If the city clerk of any city or town shall, in writing, certify to
the county clerk, not less than twenty-five days before the date fixed by
law for the holding of any primary nominating election, that no petitions
for nomination under the direct primary election law for any office to be
filled at the next ensuing annual city election have been filed with such
city clerk, not less than thirty days before the date fixed by law for the
holding of the primary nominating election, then the county clerk shall
not prepare for the city any precinct register or precinct registers for that
year.
History: En. Sec. 23, Ch. 113, L. 1911; References
amd. Sec. 23, Ch. 74, L. 1913; amd. Sec. Weber v. City of Helena, 89 M 109, 112,
18, Ch. 122, L. 1915; amd. Sec. 3, Ch. 97, 297 P 455.
L. 1919; re-en. Sec. 568, R. C. M. 1921;
amd. Sec. 2, Ch. 61, L. 1933; amd. Sec. 2, Collateral References
Ch. 64, L. 1959. Elections<S=5212.
29 C.J.S. Elections § 197.
23-516. (569) Registration during period closed for election. When-
ever 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 register for
such other election, but the county clerk shall retain his registry card in a
separate file until the official register is again open for filing of cards, at
which time all cards in such temporary file shall be placed in their proper
position in the official register.
History: En. Sec. 19, Ch. 122, L. 1915; Collateral References
re-en. Sec. 569, R. C. M. 1921. ElectionsC^lOC.
29 C.J.S. Elections § 39.
23-517. Cancellation of registrations. In all counties within the state of
Montana, the county clerk and ex officio "registrar" shall, within five (5)
days after the first day of June, 1937, cancel all registrations of electors in
the county and shall burn all "card indexes," "registry cards" and "affi-
davits" theretofore executed and signed by any elector for the purpose
of registration; also, all copies of the registration books used at any
elections theretofore held and shall preserve the "register" theretofore used
as a permanent file of the office of the county clerk.
The county clerk must cause to be published in a newspaper of general
circulation, published in the county, a notice which shall state that all regis-
trations of electors will be canceled as of the first day of June, 1937, and
that duly qualified electors desiring to vote at any subsequent election in
191
23-518 ELECTIONS
the state of Montana, are required to register in the manner and form pro-
vided for under the general registration laws, and laws amendatory thereto,
of the state of Montana. Said notice shall be published once a week for a
period of four consecutive weeks. Failure to publish said notice shall not
affect a registration of electors, nor of any election thereafter held.
History: En. Sec. 1, Ch. 172, L. 1937. Collateral References
References Elcctions^lOS.
Keierences 2^ ^j^ Elections § 48.
Wilson V. Hoisington, 110 M 20, 22, 98
P 2d 369.
23-518. (570) Cancellation of registration cards, when. The county
clerk must cancel any registry card in the following cases :
1. At the request of the party registered.
2. ^Yhen he has personal knowledge of the death or removal from the
county of the person registered, or when duly authenticated certificate of
the death of any elector is filed in the names of vital statistics in his office.
3. "When there is presented and filed with the county clerk the separate
affidavit of three qualified registered electors residing within the precinct,
which affidavit shall give the name of such elector, his registry number
and his residence, and which affidavit shall show that of the personal knowl-
edge of the affiant, that any person registered does not reside or has removed
from the place designated as the residence of such elector.
4. When the insanity of the elector is legally established.
5. Upon the production of a certified copy of a final judgment of
conviction of any elector of felony.
6. Upon the production of a certified copy of the judgment of any court
directing the cancellation to be made.
7. Upon the cancellation of the registration of any elector as herein pro-
vided, the county clerk shall immediately remove from the official register
herein provided for the registry of voters and shall deface the name of
such elector on the official register by drawing a line through said entry in
red ink and the county clerk shall mark the registry card of such elector
across the face thereof in red ink with the word "canceled" and shall place
such canceled cards with the "canceled file," as provided for in section
23-511.
All persons whose names are so removed, except as provided in section
23-517, and stricken from the said registration books, card indexes, and
register of electors, shall within forty-eight hours thereafter, be notified by
the county clerk in writing of such removal, by sending a notice to such
person to his or her post-office address, as appearing on such registration
books, card indexes, and register of electors. If any persons, whose names
are so removed, can and do prove to the county clerk that they are in fact
citizens of the United States and otherwise qualified to vote, as provided by
law of the state of Montana, then, and in that case, they shall be entitled to
reregister as voters.
History: En. Sec. 19, Ch. 113, L. 1911; Collateral References
amd. Sec. 19, Ch. 74, L. 1913; amd. Sec. 20, Elections<S=>108.
Ch. 122, L. 1915; amd. Sec. 4, Ch. 97, L. 29 C.J.S. Elections § 48.
1919; re-en. Sec. 570, R. C. M. 1921; amd.
Sec. 2, Ch. 172, L. 1937.
192
REGISTRATION OF ELECTORS 23-521
23-519. (571) Compensation of county clerks. The county clerks shall
receive, for the use and benefit of the county, from every city or town, or
from every school district of the first class, (to which the precinct registers
referred to in the last section have been furnished), the sum of three ($0.03)
cents for each and every name entered in such precinct registers, 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 incurred on account
of any such municipal or scliool district election. It shall be the duty of
the cit}' 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 elec-
tion of candidates at municipal primary elections, as provided for in
section 11-3113, and no general municipal election is required to be held,
the county clerk shall prepare no precinct registers for such general munici-
pal election and shall make no charge therefor; provided further, that in
elections of school districts of the first class if only as many candidates are
nominated as there are vacancies to be filled, the county clerk shall fur-
nish no precinct registers 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 pre-
cinct registers are required, immediately after the facts become known to
the city council or the board of trustees of the school district, which makes
unnecessary the furnishing of such precinct registers.
History: En. Sec. 29, Ch. 113, L. 1911; References
T^n^.^^%o^^4 ?oiJ*' ^- ^l^^' ^^Vn Weber v. City of Helena, 89 M 109,
21, Ch. 122, L. 1915; re-en. Sec. 571, R. C. ,,„ „„„ p .r^
M. 1921; amd. Sec. 1, Ch. 71, L. 1935; ■'^^' """ ^ '"''•
amd. Sec, 3, Ch. 64, L. 1959. Collateral References
Compiler's Note Countie3®=>78 (1); Elections<©=>212.
The words "last section" appearing in .20 C.J.S. Counties §117; 29 CJ.S. Elec-
the first paragraph of this section appar- tions § 197.
ently refer to section 23-515.
23-520. (572) Copies of precinct registers. The county clerk shall
furnish to any person or persons who in writing may so request, a copy of
the official precinct registers of any county, city or school district precinct,
and upon delivery thereof shall charge and collect for the use and benefit
of the county the sum of five cents for each and every name entered in such
official precinct register.
History: En. Sec. 30, Ch. 113, !•. 1911; Collateral References
amd. Sec. 30, Ch. 74, L. 1913; amd. Sec. Electious<&='lll.
22, Ch. 122, L. 1915; re-en. Sec. 572, R. C. 29 C.J.S. Elections 8 50.
M, 1921. ^
23-521. (573) Challenges and action to be taken thereon. At any time
not later than the tenth day prior to any election, a challenge may be filed
with the county clerk, signed by a qualified elector in writing, and duly
193
23-522 ELECTIONS
verified by the affidavit of the elector, that the elector designated therein
is not entitled to register. Such affidavit shall state the grounds of chal-
lenge, objection and disqualification. The county clerk shall file the affi-
davit of challenge in his office as a record thereof. The county clerk must
deliver a true and correct copy of any and all of such affidavits so filed,
challenging the right of any elector to vote who has been so registered at
the same time, and together with the copy of the precinct registers and
check lists, and other papers required by this act to be delivered to the
judges of election, as in this act provided, and he must write distinctly
opposite to the name of any person to whose qualification as an elector
objections may be thus made, the words, "to be challenged." It shall be the
duty of the judges of election, if on election day such person who has
been objected to and challenged applies to vote, to test, under oath, his
qualifications. Notwithstanding the elector is registered, his right to vote
may be challenged on the day of election by any qualified registered elector,
orally stating, to the judges of election, the grounds of such objection or
challenge to the right of any registered elector to vote.
It is the duty of the judges of election, Avhen it appears that any
elector offers to vote and is either challenged by a duly qualified regis-
tered elector, on election day, or if an affidavit of objection to the right
of such elector to vote has been filed with the county clerk and the copy
of the precinct registers furnished to the judges of election have endorsed
thereon, opposite to the name of such elector, "to be challenged," to test
the qualifications of the elector and ask any 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 qualifi-
cations, 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.
History: En. Sec. 20, Ch. 113, L. 1911; Collateral References
amd. Sec. 20, Ch. 74, L. 1913; amd. Sec. Elections<3='^''3
23, Ch. 122, L. 1915; re-en. Sec. 573, E. C. 39 C.J.S. EleVtions § 209.
M. 1921.
References
Weber v. City of Helena, 89 M 109, 125,
297 P 455.
23-522. (574) Residence, rules for determimng. For the purpose of
registration or voting, the place of residence of any person must be gov-
erned 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.
194
REGISTRATION OF ELECTORS 23-522
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 institution of
learning, nor while kept at any almshouse or other asylum at the public
expense, nor while confined in any public prison, nor while residing on any
military reservation.
3. No soldier, seaman, or marine in the army or navy of the United
States shall be deemed a resident of this state in consequence of being sta-
tioned at any military or naval place within the same. No person shall be
deemed to have acquired a residence in the state of Montana by reason of
being employed or stationed at any United States Civilian Conservation
Corps Camp within the state of Montana or at any transient camp main-
tained for relief purposes by the government of the United States within
the state of Montana.
4. A person must not be considered to have lost his residence who
leaves his home to go into another state, or other district of this state, for
temporary purposes merely with the intention of returning, provided he
has not exercised the right of the election franchise in said state or district.
5. A person must not be considered to have gained a residence in any
county into which he comes for temporary purposes merely without the
intention of making such county his home.
6. If a person removes to another state with the intention of making
it his residence, he loses his residence in this state.
7. If a person removes to another state with the intention of remaining
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 inten-
tion of remaining, or a place other than Avhere 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 intent to remain in another place. There can only be one resi-
dence. A residence cannot be lost until another is gained.
10. The term of residence must be computed by including the day of
election.
History: En. Sec. 21, Ch. 113, L. 1911; larations in disparagement of his riglit
amd. Sec. 21, Ch. 74, L. 1913; amd. Sec. to vote, if made at or before the election,
24, Ch. 122, L. 1915; amd. Sec. 1, Ch. 58, may be received in evidence. Sommers v.
L, 1919; re-en. Sec. 574, R. C. M. 1921; Gould, 53 M 538, 544, 165 P 599.
amd. Sec. 1, Ch. 25, L. 1935. Cal. Pol. C.
Sec 1239 Inapplicable to Licensing of Automo-
biles
Acts and Intent of Voter This section, prescribing the conditions
The residence of a voter is to be deter- determining the right to vote with respect
mined from his acts and intent; but this to residence of the voter, had no bearing
fact, like any other fact involved in a civil upon the situs of one's property (an
action or proceeding, may be established automobile) or the ownership thereof for
by circumstantial evidence, and any dec- purpose of taxation, or licensing. Valley
larations of the voter touching the subject, County v. Tliomas, 109 M 345, 380, 97
if a part of the res gestae, or any dec- P 2d 345.
195
23-523 ELECTIONS
Presumption M 25, 30, 238 P 582; Wilson v. Hoisington,
Subdivision 8 of this section is in real- HO M 20, 24, 98 P 2d 369.
ity a rule of evidence. Carwile v. Jones, collateral References
38 M 590, 602, 101 P 153. oouaterai iceierences
Election8<&=72.
References 29 C.J.S. Elections § 20.
Stephens v. Nacey, 49 M 230, 237, 141 P 25 Am. Jur. 2d 758, Elections, § 66.
649; State ex rel. Johnson v. Kassing, 74
23-523. (575) Certificates of naturalization, presentation to registrar.
When a naturalized citizen applies for registration his certificate of naturali-
zation, or a certified copy thereof, must be produced and stamped, or writ-
ten in ink by the registry agent, with such registry agent's name and the
year and day and county where presented ; but if it satisfactorily appears to
the registry agent, by the affidavit of the applicant (and the affidavit of
one or more credible electors as to the credibility of such applicant when
deemed necessary), that his certificate 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 fail-
ure 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 certi-
fied copy thereof?
History: En. Sec. 22, Ch. 113, L. 1911; CoUateral References
amd. Sec. 22, Ch. 74, L. 1913; amd. Sec. 25, EIections<S=5l06.
Ch. 122, L. 1915; re-en. Sec. 575, R. C. M. 29 C.J.S. Elections § 46.
1921.
23-524. (576) Voter to sign precinct register books. 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, desig-
nated by the county clerk for that purpose, and in a column reserved in
the said precinct books for the signature of electors. If the elector is
not able to sign his name he shall be required by the judges to produce two
freeholders who shall make an affidavit before the judges of election, or
one of them, in substantially the following form :
State of Montana, |
County of j
"We, the undersigned witnesses, do swear that our names and signa-
tures are genuine, and that we are each personally acquainted with
, (the name of the elector) and that we know that
he is residing at , and that we believe that he is
entitled to vote at this election, and that we are each freeholders in the
county," which affidavit shall be filed by the judges, and returned by them
196
REGISTRATION OF ELECTORS 23-527
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 here-
in provided for. If the elector fails or refuses to sign his name and if un-
able to write fails to procure two freeholders who will take the oath herein
provided, he shall not be allowed to vote. Immediately after the election
and canvass of the returns, the judges of election shall deliver to the county
clerk the copy of said official precinct register sealed, with the election
returns and pollbook, which have been used at said election.
History: En. Sec. 26, Ch. 113, L. 1911; mary election, was the fault of the judges
amd. Sec. 26, Cli. 74, L. 1913; amd. Sec. and not of the electors, and that therefore
26, Ch. 122, L. 1915; re-en. Sec. 576, R. C. their votes were legal and properly count-
M. 1921. ed. Thompson v. Chapin, 64 M 376, 383,
209 P 1060.
Failure To Sign
Held, that failure of the election judges Collateral References
of a precinct to require the electors to sign Elections<3='212.
the registry books before voting at a pri- 29 C.J.S. Elections § 197.
23-525. (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.
History: En. Sec. 32, Ch. 113, L. 1911; Collateral References
re-en. Sec. 32, Ch. 74, L. 1913; re-en. Sec. E]ections<3=3l07.
27, Ch. 122, L. 1915; re-en. Sec. 577, R. C. 29 C.J.S. Elections S 46.
M. 1921. '^
23-526. (578) Name of voter must appear in copy of register — identifi-
cation 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, 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 Avho was so registered in that name, the vote of such
person shall not be received until he shall have proved his identity as the
person who was registered in that name by the oath of two reputable
freeholders within the precinct in which such elector is registered.
History: En. Sec. 35, Ch. 113, L. 1911; Collateral References
amd. Sec. 35, Ch. 74, L. 1913; amd. Sec. 28, Elections<3=5ll8
Ch. 122, L. 1915; re-en. Sec. 578, R. C. M. 29 C.J.S. Elections S 38.
1921; amd. Sec. 1, Ch. 139, L. 1967. "
23-527. (579) Omission of name from precinct registers — remedy. Any
elector whose name is erroneously omitted from any precinct register
may apply for and secure from the county clerk a certificate of such error,
and stating the precinct in which such elector is entitled to vote, and upon
the presentation of such certificate to the judges of election in such precinct,
the said elector shall be entitled to vote in the same manner as if his name
197
23-528 ELECTIONS
had appeared upon the precinct register. Such certificate shall be marked
"voted" by the judges, and shall be returned by them with the precinct
register.
History: En. Sec. 29, Ch. 122, L. 1915;
re-en. Sec. 579, R. C. M. 1921; amd. Sec.
4, Ch. 64, L. 1959.
23-528. (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.
History: En. Sec. 36, Ch. 113, L. 1911; Collateral References
re-en. Sec. 36, Ch. 74, L. 1913; re-en. Sec. Countic.sC=582
30, Ch. 122, L. 1915; re-en. Sec. 580, R. C. oq c.j.S. Counties 8 133.
M. 1921.
23-529. (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.
History: En. Sec. 31, Ch. 122, L. 1915; Collateral References
re-en. Sec. 581, R. C. M. 1921. ElcctionsC='63-G5.
29 C.J. S. Elections § 30.
23-530. (582) "Election" defined. The word "election," as used in this
law, where not otherwise qualified, shall be taken to apply to general,
special, primary nominating, and municipal elections, and to elections in
school districts.
History: En. Sec. 32, Ch. 122, L. 1915; Chapin, C4 M 376, 384, 209 P 1060; Weber
re-en. Sec. 582, R. C. M. 1921; amd. Sec. v. City of Helena, 89 M 109, 117, 297 P
2, Ch. 139, L. 1967. 455.
References Collateral References
State ex rel. Cryderman v. Wienrich, 54 ElectionsC=>31, 32.
M 390, 399, 170 P 942; Thompson v. 29 C.J.S. Elections § 66.
23-531. (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 will-
fully or knowingly fail, refuse, or neglect to perform such duty, or to com-
ply 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.
History: En. Sec. 37, Ch. 113, L. 1911; Collateral References
re-en. Sec. 37, Ch. 74, L. 1913; re-en. Sec. EleetionsC=5309.
33, Ch. 122, L. 1915; re-en. Sec. 583, R. C. 29 C.J.S. Elections §§324, 334.
M. 1921.
23-532. (584) Challenging of elector and administration of oath. If
any person ofi'ering to vote at any primary election be challenged by a
judge or any qualified elector at said election, as to his right to vote there-
198
REGISTRATION OF ELECTORS 23-534
at, an oath shall be administered to him by one of the judges that he will
truly answer all questions toucliing 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.
History: En. Sec. 38, Ch. 113, L. 1911; Collateral References
re-en. Sec. 38, Ch. 74, L. 1913; re-en. Sec. EIcctioiise=='^23.
34, Ch. 122, L. 1915; re-en. Sec. 584, R. C. 09 C.J.S. Elections § 209.
M. 1921. 26 Am.'JMr. 2d G7, Elections, §237.
23-533. (585) Acts constituting violation of law — penalty. Any per-
son who shall make false answers, either for himself or another, or shall
violate or attempt to violate any of the provisions of this act, or knowingly
encourage another to violate the same, or any public officer or officers,
or other persons upon whom any duty is imposed by this act, or any of
its provisions, who shall willfully neglect such duty, or shall Avillfully
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 pun-
ished 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.
History: En. Sec. 39, Ch. 113, L. 1911; Collateral References
re-en. Sec. 39, Ch. 74, L. 1913; re-en. Sec. Elections©=i309, 318.
35, Ch. 122, L. 1915; re-en. Sec. 585, R. C. 29 C.J.S. Elections §§ 324, 331, 334.
M. 1921.
23-534. (586) County commissioners to supply clerk with help. It
shall be the duty of the board of county commissioners of each county to
provide the county clerk thereof wdth 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 pro-
cured by the county clerk by the provisions of this law shall be a proper
charge upon the county.
History: En. Sec. 40. Ch. 74, L. 1913; Collateral References
amd. Sec. 36, Ch. 122, L. 1915; re-en. Sec. CountiesC=134.
586, R. C. M. 1921. 20 C.J.S. Counties § 209.
CHAPTER 6
JTTDGES AND CLERKS OF ELECTIONS
Section 23-601. Judges of election — how appointed.
23-602. Number of judges to be appointed.
23-603. Number appointed in new precincts.
23-604. Not more than a majority to be from any one political party.
23-604.1. Candidates and relatives ineligible.
23-604. 2. School district elections — precinct elections.
23-605. Compensation of election officers.
23-606. Clerk to give notice to judges of appointment — electors to elect judges
in case of vacancy.
23-607. Judges to choose clerks and to serve until others appointed.
23-60S. Clerks to mail to judges notices of election — form of notices.
199
23-601 ELECTIONS
23-609. Notices to be posted by the judges.
23-610. Oath of judges and clerk.
23-611. Judges and clerks may administer oaths.
23-612. Instructions of judges of elections.
23-601. (587) Judges of election — how appointed. The board of
couuty commissioners of the several counties at the regular session next
preceding a general election, must appoint five judges of election for each
precinct in which the voters therein, by the last registration, were two
hundred or more and three judges of election for each precinct in which
such registration was less than two hundred, provided that in all election
precincts in which there were cast three hundred and fifty or more ballots
in the last general election or in which the board of county commissioners
believe that as many ballots as three hundred and fifty will be cast in the
next general election, the board of county commissioners may appoint a
second or additional board consisting of five judges for each such pre-
cinct, 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 re-
spective 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 pro-
ceed to count and tabulate the ballots cast as they shall find them de-
posited in the ballot boxes. In the event that the count is not completed
by eight o'clock a. m. of the next following day, the first board shall
reconvene and relieve the second board and continue said count until
eight o'clock p. m., when if the count is not yet completed, the second
board shall reconvene and again relieve the first board, and so, alternately
until said board shall have fully completed the count and certified the re-
turns. The judges constituting the several boards shall number the ballots
and count the tallies upon the tally sheets and so indicate upon the tally
sheets as to distinctly show the work of each board separately. The board
completing the count shall make such certification of returns as is required
by law.
The board of county commissioners, notwithstanding the foregoing
provisions in this section contained, may however, appoint a single board
of judges for each precinct in the county, when, in the judgment of said
board of county commissioners, a second or additional board is unnecessary.
History: En. Sec. 1260, Pol. C. 1895; 29 C.J.S. Elections §§ 57-59, 61, 62, 224
re-en. Sec. 500, Rev. C. 1907; re-en. Sec. et seq.
587, R. C. M. 1921; amd. Sec. 1, Ch. 43,
L. 1923; amd. Sec. 1, Ch. 61, L. 1937; amd. Immunity of election officer from cnmi-
Sec. 1, Ch. 40, L. 1943. «al arrest. 1 ALR 1160.
Result of election as affected by lack of
Collateral References title or by defective title of election offi-
Eloction8<3=>51, 241 et seq. cers. 1 ALR 1535.
23-602. (588) Number of judges to be appointed. The board of coun-
ty commissioners, notwithstanding the registration, may appoint five
judges of each precinct in which upon information obtained by them they
have reason to believe contains two hundred voters or more and three
200
JUDGES AND CLERKS OF ELECTIONS 23-605
judges of election in precincts which upon information obtained by them,
they have reason to believe was less than two hundred.
History: En. Sec. 1261, Pol. C. 1895; re- R. C. M. 1921; amd. Sec. 2, Ch. 43, L.
en. Sec. 501, Rev. C. 1907; re-en. Sec. 588, 1923.
23-603. (589) Number appointed in new precincts. In any new pre-
cinct established, the board of county commissioners must, in like manner,
appoint five or three judges of election, according to the estimated number
of voters therein, as required by the two next preceding sections.
History: En. Sec. 1262, Pol. C. 1895;
re-en. Sec. 502, Rev. C. 1907; re-en. Sec.
589, R. C. M. 1921.
23-604. (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 pro-
vided.
History: En. Sec. 1263, Pol. C. 1895; Collateral References
re-en. Sec. 503, Rev. C. 1907; re-en. Sec. Elections«S='52.
590, R. C. M. 1921; amd. Sec. 1, Ch. 85, L. 29 C.J.S. Elections S 60
1941. Cal. Pol. C. Sec. 1143. ^
23-604.1. Candidates and relatives ineligible. No person shall be ap-
pointed to serve as an election judge or election clerk who is a candidate,
spouse of a candidate or one who is related to a candidate for ofiice at
such election within the second degree of consanguinity.
History: En. Sec. 1, Ch. 99, L. 1961.
23-604.2. School district elections — precinct elections. The provisions
of section 23-604.1 and this section shall not apply to school district elec-
tions nor to candidates for precinct committeeman and committeewoman.
History: En. Sec. 2, Ch. 99, L. 1961.
23-605. (591) Compensation of election officers. The compensation of
members of boards of election, including judges and clerks, shall be fixed
by the board of county commissioners at not to exceed one dollar twenty-
five cents ($1.25) 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.
201
23-606 ELECTIONS
History: En. Sec. 1173, Pol. C. 1895; Ch. 12, L. 1951; amd. Sec. 1, Ch. 46, L.
re-en. Sec. 459, Rev. C. 1907; amd. Sec. 1963. Cal. Pol. C. Sec. 1072.
1, Ch. 101, L. 1917; re-en. Sec. 591, R. C.
M. 1921; amd. Sec. 1, Ch. 49, L. 1945; Collateral References
amd. Sec. 1, Ch. 117, L. 1947; amd. Sec. 1, Elections€=>53.
29 C.J.S. Elections § 63.
23-606. (592) Clerk to give notice to judges of appointment — electors
to elect judges in case of vacancy. The clerk of the board must make out
and forward by mail, immediately after the appointment of the judges, a
notice thereof in writing, directed to each of them. In case there is no
post office in any one or more of the precincts in any county, the clerk
must forward notices of such appointment by registered mail to the post
office nearest such precinct, directed to the judges aforesaid. If, in any
of the precincts, an}^ of the judges refuse or neglect to serve, the electors
of such precinct may elect a judge or judges to fill vacancies on the morn-
ing of the election, to serve at such election.
History: En. Sec. 1264, Pol. C. 1895;
re-en. Sec. 504, Rev. C. 1907; re-en. Sec.
592, R. C. M. 1921.
23-607. (593) Judges to choose clerks and to serve until others ap-
pointed. The judges may, whenever they deem it necessary for the prompt
and efficient conduct of tlie 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 may occur in the offices of judges of
election in any precinct within their respective counties.
History: En. Sec. 6, p. 461, Cod. Stat. re-en. Sec. 1265, Pol. C. 1895; re-en. Sec.
1871; re-en. Sec. 6, p. 71, L. 1876; re-en. 505, Rev. C. 1907; re-en. Sec. 593, R. C. M.
Sec. 520, 5th Div. Rev. Stat. 1879; re-en. 1921; amd. Sec. 2, Ch. 40, L. 1943.
Sec. 1012, 5th Div. Comp. Stat. 1887;
23-608. (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 before any general election, make and forward
by mail to such judge or judges as are designated by the county com-
missioners, three Avritten notices for each precinct, said notices to be sub-
stantially as follows:
Notice is hereby given that on the first Tuesday after the first Monday
of November, 19...., at the house , in the county of ,
an election Avill 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 determination of
the following questions (naming tliem), the polls of which election will
be open at 8 :00 a. m. and continuing open until 8 :00 p. m. of the same day.
Dated this day of , A.D. 19
Signed A. B., clerk of the board of county commissioners.
202
JUDGES AND CLERKS OF ELECTIONS 23-612
History: Ap. p. Sec. 7, p. 461, Cod. 1921; amd. Sec. 2, Ch. 1C7, L. 1945; amd.
Stat. 1871; re-en. Sec. 7, p. 71, L. 1876; re- Sec. 1, Ch. 14, L. 1957.
en. Sec. 521, 5th Dlv. Rev. Stat. 1879; re-
en. Sec. 1013, 5th Div. Comp. Stat. 1887; Collateral References
amd. Sec. 12'Jt3, Pol. 0. 1895; re-en. Sec. 506, ElectioiKse=>40, 41.
Rev. C. 1907; re-en. Sec, 594, R. C. M. 29 C.J.y. Elections §§ 72, 73.
23-609. (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 fol-
lows: 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.
History: Ap. p. Sec. 8, p. 72, L. 1876; Collateral References
re-en. Sec. 522, 5th Div. Rev. Stat. 1879; Elections<^42
re-en. Sec. 1014, 5th Div. Comp. Stat. 1887; 29 C.J.S. Elections 8 74.
amd. Sec. 1267, Pol. C. 1895; re-en. Sec. ^
507, Rev. C. 1907; re-en. Sec. 595, R. C. M.
1921.
23-610. (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.
History: En. Sec. 1268, Pol. C. 1895;
re-en. Sec. 508, Rev. C. 1907; re-en. Sec.
596, R. C. M. 1921. Cal. PoL C. Sec. 1148.
23-611. (597) Judges and clerks may administer oaths. Any member
of the board, or either clerk thereof, may administer and certify oaths re-
quired to be administered during the progress of an election.
History: En. Sec. 1269, Pol. C. 1895; Collateral References
re-en. Sec. 509, Rev. C. 1907; re-en. Sec. Elections<3=54.
597, R. C. M. 1921. 29 C.J.S. Elections § 57.
23-612. Instructions of judges of elections. Before each election,
general or primary, all judges appointed to act at said election, who do not
possess a certificate of instruction as provided for in this act shall be in-
structed by a person delegated by the board of county commissioners in
regard to the powers, duties, and liabilities imposed upon election judges
by the election laws of the state of Montana. For the purpose of giving
such instruction, the delegate of the board of county commissioners shall
call such meeting or meetings of the judges of election as shall be neces-
sary. Each judge of election shall attend such meeting or meetings and
receive at least two (2) hours of instruction, and as compensation for the
time spent in receiving such instruction, each judge that shall serve in the
election shall receive the sum of one dollar (.$1.00) per hour of instruction,
to be paid to him at the same time and in the same manner as compensation
is paid to him for his or her services on election day.
Upon the completion of the two (2) hours of instruction, the judge shall
receive a certificate from the person delegated by the board of county com-
203
23-701
ELECTIONS
missioners from whom he or she has received instruction, that the instruc-
tion has been completed, provided that no certificate of instruction shall
be valid for a period of greater than two (2) years. No person shall serve
as a judge of election unless this certificate has been received, provided,
however, that this shall not prevent the appointment of a judge of election
to fill a vacancy in an emergency. Notice of place and time of instruction
of the political judges must be given by the board of county commissioners
to the county chairman of the two major political parties in the county.
History: En. Sec. 1, Ch. 210, L. 1957.
CHAPTER 7
ELECTION SUPPLIES
Section 23-701. County commissioners to furnish pollbooks.
23-702. Form of poUbook.
23-703. Want of form not to vitiate.
23-704. County commissioners to have blanks prepared.
23-705. Clerk to deliver ballots and stamps to judges of election— stamp, what
to contain.
23-706. Ballot boxes.
23-707. Size of the opening of the ballot box.
23-708. Ballot box to be exhibited.
23-709. County clerk to have printed instructions to the electors.
23-710. Forms for transmission of election returns.
23-711. Copying total vote cast for each candidate.
23-712. Posting and mailing blanks.
23-713. Penalty for failure to comply with law.
23-701. (598) County commissioners to furnish pollbooks. The board
of county commissioners of each county must furnish for the several elec-
tion precincts in each county pollbooks after the forms hereinafter pre-
scribed.
History: En. Sec. 1300, Pol. C. 1895;
re-en. Sec. 517, Rev. C. 1907; re-en. Sec.
598. R. C. M. 1921.
Cross-Referenco
County commissioners to furnish poll-
books, sec. 16-1156.
Collateral References
Elections<&=>212.
29 CJ.S. Elections § 197.
23-702. (600) Form of poUbook. The following is the form of poll-
books to be kept in duplicate by the judges and clerks of election :
PoUbook of Precinct No
Number and names of electors voting.
No.
Name.
No.
Name.
No.
Name.
Total number of votes cast at precinct No
We, the undersigned, judges and clerks of an election held at precinct
No , in the county of , in the state of Montana,
204
ELECTION SUPPLIES 23-705
on the day of , 19 , havinj? first been severally-
sworn according? to law, hereby certify that the foregoing: is a true state-
ment of the number and names of the persons voting at said precinct at
said election, and that the following named persons received the number
of votes annexed to their respective names for the following described
offices to wit :
Governor, Members of Legislative Assembly.
A. B., Votes
C. D., Votes
Senate. House of Representatives
E. F., Votes G. H., Votes
Certified and signed by us,
[ Clerks.
Judges.
History: En. Sec. 1302, Pol. C. 1895; References
re-en. Sec. 519, Rev. C. 1907; re-en. Sec. Stephens v. Nacey, 47 M 479, 485, 133 P
600, R. C. M. 1921. Cal. Pol. C. Sec. 1174. 351,
23-703. (601) Want of form not to vitiate. No pollbook or certificate
returned from any election precinct must be set aside or rejected for want
of form, nor on account of its not being strictly in accordance with the di-
rections of this chapter, if it can be satisfactorily understood.
History: En. Sec. 1303, Pol. C. 1895; References
re-en. Sec. 520, Rev. C. 1907; re-en. Sec. Stephens v. Nacey, 47 M 479, 485, 133
601, R. C. M, 1921, Cal. Pol. C. Sec. 1175. p 361,
23-704. (602) County commissioners to have blanks prepared. The
necessary printed blanks for precinct registers, pollbooks, tally sheets, lists
of electors, tickets, and returns, together with envelopes in which to en-
close the returns, must be furnished by the board of county commissioners
to the officers of each election precinct at the expense of the county.
History: En. Sec. 1174, Pol. C. 1895; 602, R. C. M. 1921; amd. Sec. 5, Ch. 64,
re-en. Sec. 460, Rev. C. 1907; re-en. Sec, L. 1959.
23-705. (603) Clerk to deliver ballots and stamps to judges of election
— stamp, what to contain. Before the opening of the polls, the county
clerk, or the city clerk in the case of municipal elections, must deliver 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 23-1117. He must also
deliver to said judges a rubber or other stamp, with ink pad, for the pur-
pose of stamping or designating the official ballots as hereinafter provided.
Said stamp must contain the words "Official Ballot," the name or number of
205
23-706 ELECTIONS
the election precinct, the name of the county, the date of the election, the
name and official desiprnation 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 com-
missioners to post the notices required by section 23-608. But in case it be
impracticable to deliver such stamps and ballots to such judge then they
may be delivered to some other one of the judges of election.
History: Ap. p. Sec. 20, p. 140, L. 1889; ton, 53 M 388, 391, 164 P 537; State ex
amd. Sec. 1356, Pol. C. 1895; re-en. Sec. rel. Eiley v. District Court, 103 M 576,
547, Rev. C. 1907; re-en. Sec. 603, R. C. M. 588, 64 P 2d 115.
1921
Collateral References
References ElectionsG=163.
State ex rel. Brooks v. Farusham, 19 29 C.J.S. Elections § 155.
M 273, 286, 48 P 1; Harrington v. Crich-
23-706. (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 iu 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 re-
turned to the county clerk together with the other election returns, as
by law provided.
History: Ap. p. Sec. 1270, Pol. C. 1895; Collateral References
amd. Sec. 1, Ch. 88, L. 1907; re-en. Sec. Electionse=217.
510, Rev. C. 1907; re-en. Sec. 604, R. C. M. 29 C.J.S. Elections §§ 194, 204.
1921. 26 Am. Jur. 2d 64, Elections, § 231.
23-707. (605) Size of the opening of the ballot box. There must be an
opening in the lid of such box of no larger size than shall be sufficient to
admit a single folded ballot.
History: En. Sec. 18, p. 463, Cod. Stat. en. Sec. 1271, Pol. C. 1895; re-en. Sec. 511,
1871; re-en. Sec. 17, p. 74, L. 1876; re-en. Rev. C. 1907; re-en. Sec. 605, R. C. M.
Sec. 531, 5th Div. Rev. Stat. 1879; re-en. 1921.
Sec. 1023, 5tli Div. Comp. Stat. 1887; re-
23-708. (606) Ballot box to be exhibited. Before receiving any bal-
lots, the judges must, in the presence of any persons assembled at the poll-
ing place, open and exhibit the ballot box and remove any contents
therefrom, and then close and lock the same, delivering the key to one
of their members, and thereafter the ballot box must not be removed from
the polling place or presence of the bystanders until all the ballots are
counted, nor must it be opened until after the polls are finally closed.
History: Ap. p. Sec. 18, p. 463, Cod. amd. Sec. 1272, Pol. C. 1895; re-en. Sec.
Stat. 1871; re-en. Sec. 17, p. 74, L. 1876; 512, Rev. C. 1907; re-en. Sec. 606, R. C. M.
re-en. Sec. 531, 5th Div. Rev. Stat. 1879; 1921. Cal. Pol. C. Sec. 1162.
re-en. Sec. 1023, 5th Div. Comp. Stat. 1887;
23-709. (607) County clerk to have printed instructions to the electors.
The county clerk of each county must cause to be printed in large type on
206
ELECTION SUPPLIES 23-711
cards, in the English hmguage, 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 contam full instruc-
tions to the voters as to what should be done, viz. :
1. To obtain ballots for voting.
2. To prepare the ballots for deposit in the ballot-boxes.
3. To obtain a new ballot in the place of one spoiled by accident or
mistake. Said card must also contain a copy of sections 94-1407, 94-1411,
94-1412, 94-1413, 94-1414 and 94-1415. There must also be posted in each
of the compartments, or booths, one of the official tickets, as provided in
sections 23-1101 to 23-1116, without the official stamp, and not less than
three such tickets posted elsewhere in and about the polling places upon
the day of election.
History: En. Sec. 1273, Pol. C. 1895; Collateral References
re-en. Sec. 513, Rev. C. 1907; re-en. Sec. Elections®='216.
607, R. C. M. 1921. CaL Pol. C. Sec. 1207. 29 C.J.S. Elections § 205.
23-710. (608) Forms for transmission of election returns. In sending
out election supplies to each precinct for each general election, it shall be
the duty of the county clerk in each county to send with such supplies not
less than six printed forms, with a return envelope, for the use of judges
of election in transmitting election returns for public information. Said
printed forms shall be in ballot form on tinted paper, and the name of
each candidate and each proposition voted on shall be printed on said
blank. Brief instructions for the use of said blank, as contained in this
act, shall also be printed on said blank.
History: En. Sec. 1, Ch. 12, L. 1915; mitted to the county clerk, is to facilitate
re-en. Sec. 608, R. C. M. 1921. the publication of the results; they are not
a part of the election returns and are not
Purpose of Tinted Sheets required to be transmitted to the clerk
The sole purpose of the tinted sheets in sealed packages. Dubie v. Bataui, 97 M
provided for by this section and sections 468, 478, 37 P 2d 662.
23-711 to 23-713, on which judges of elec-
tion must summarize the result of the vote Collateral References
and cause a copy thereof to be posted at Elections<S='247.
the polling place and one to be trans- 29 C.J.S. Elections § 229.
23-711. (609) Copying total vote cast for each candidate. As soon as
all of the ballots have been counted in any precinct, it shall be the duty of
the election judges to correctly copy the total vote cast for each candidate
and the total vote cast for and against each proposition on the blanks fur-
nished by the county clerk, as provided in the preceding section.
History: En. Sec. 2, Ch. 12, L. 1915; References
re-en. Sec. 609, R. C. M. 1921. Dubie v. Batani, 97 M 468, 478, 37 P 2d
662.
207
23-712 ELECTIONS
23-712. (6l0) Posting and mailing blanks. One of said blanks, proper-
ly 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 ofiicial election returns, but the same
shall not be enclosed or sealed with the other returns.
History: En. Sec. 3, Ch. 12, L. 1915; References
re-en. Sec. 610, K. C. M. 1921. Dubie v. Batani, 97 M 468, 478, 37 P
2d 662.
23-713. (611) Penalty for failure to comply with law. Any judge of
election, 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 con-
viction thereof shall be fined in any sum not exceeding fifty dollars.
History: En. Sec. 4, Ch. 12, L. 1915; Collateral References
re-en. Sec. 611, R. C. M. 1921. Elections®=5314.
References 29 C.J.S. Elections § 327.
Dubie V. Batani, 97 M 468, 478, 37 P
2d 662.
CHAPTER 8
NOMINATION OF CANDIDATES FOR SPECIAL ELECTIONS BY CONVENTION
OR PRIMARY MEETINGS OR BY ELECTORS
Section 23-801. Convention or primary meeting defined — vacancies.
23-802. Certificates of nomination, what to contain.
23-803. Certificate, where filed.
23-804. Certificates of nomination otherwise made.
23-805. Certificate not to contain certain things — one person not to be nomi-
nated for more than one ofiice.
23-806. Certificates to be preserved one year.
23-807. When certificates to be filed.
23-808. Nominees to pay prescribed filing fee.
23-809. Secretary of state to certify to county clerk names of persons nomi-
nated.
23-810. Declination of nomination — municipal elections.
23-811. Vacancies may be filled by further certificates.
23-812. Errors, how corrected.
23-813. Qualification of voter at primary election.
23-814. Who entitled to vote.
23-815. Judges.
23-816. Clerk.
23-817. Challenges — oath — ^penalty.
23-818. Fraudulent voting or counting.
23-819, Unlawful interference.
23-820. Penalties.
23-801. (612) Convention or primary meeting defined — va-cancies. Any
convention or primary meeting held for the purpose of making nomina-
tions to public office, or the number of electors required in this chapter,
may nominate candidates for public office to be filled by election in the
state. A convention or primary meeting within the meaning of this chapter
is an organized assemblage of electors or delegates representing 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
208
NOMINATIONS FOR SPECIAL ELECTIONS
23-801
state of Montana in the house of representatives of the Congress of the
United States, only the electors residing within such congressional district
shall vote at any such convention or primary meeting held for the purpose
of making nominations to fill such vacancy.
History: En. Sec. 2, p. 135, L. 1889;
amd. Sec, 1310, Pol. C. 1895; re-en. Sec.
521, Rev. C. 1907; re-en. Sec. 612, R. C. M.
1921; amd. Sec. 1, Ch. 26, L. 1945. Cal.
make the nominations. State ex rel. Athey
V. Hays, 31 M 233, 236, 78 P 486.
Pol. C. Sec. 1186.
Application of Section
The Primary Election Law (23-901 et
seq.) applies to all situations where it can
be made reasonably operative. Where
a county treasurer, elected in November,
1942 for a four-year term ending March
1, 1947, died after he had qualified and
before commencement of the term for
which he was elected, the appointee of
the county commissioners under section 5,
article XVI of the constitution would
hold until next general election on No-
vember 7, 1944, and procedure under Pri-
mary Law (23-901 et seq. and section 5,
article XVI of the constitution) is control-
ling. A vacancy occurring after the pri-
mary and prior to the general election or
at any other inapplicable time authorizes
nomination under this section or section
23-804, section 23-909 then not applying.
LaBorde v. McGrath, 116 M 283, 286, 149
P 2d 913, distinguished in 117 M 160, 170,
157 P 2d 108 and 130 M 202, 208, 299 P
2d 446.
Nominees to be placed on ballot at
special election to fill vacancy resulting
from death of representative in Congress
must be chosen pursuant to this section
or section 23-804 and not by special nomi-
nating election. Bottomly v. Ford, 117 M
160, 167, 157 P 2d 108.
Assembly To Nominate Candidates Es-
sential
Where a call for a mass convention of
electors stated that the object was to
organize central committees opposed to
corporate rule, and to give the voters of
the state an opportunity to vote for men
free from corporate control, but failed to
state that the convention was to assemble
to nominate candidates for any office what-
ever, it was not a call of the electors of
the state to assemble and select candidates
for public office. State ex rel. Athey v.
Hays, 31 M 233, 236, 78 P 486.
A mass convention of electors can make
nominations of candidates for public of-
fice only where such convention was called
for that purpose. If the convention could
not make such nominations because the
call of the convention did not set forth
such purpose, a committee appointed by
the convention was without authority to
Convention Representation
Convention representation is a gather-
ing of electors springing from the electors
who compose a political party or adhere
to a political principle. State ex rel. Met-
calf V. Johnson, 18 M 548, 552, 46 P 533.
"Conventions" Defined
Under this section and sections 23-802,
and 23-803, conventions are meant to be
organized assemblages of electors or dele-
gates fairly representing the entire body of
electors of the political party which may
lawfully vote for the candidates of any
such convention. State ex rel. Woody v.
Eotwitt, 18 M 502, 506, 507, 46 P 370.
The supreme court, without directly
citing this section, defined a political con-
vention as an organized assemblage of
electors or delegates representing a politi-
cal party or principle. State ex rel. Met-
calf v. Johnson, 18 M 548, 552, 46 P 533.
District Comprising Two Counties
This section and sections 23-802 and 23-
803, recognize systems of conventions and
primary meetings held to nominate candi-
dates for public office. Such conventions
are meant to be organized assemblages of
electors or delegates fairly repesenting the
entire body of electors of the political
party which may lawfully vote for the
candidates of any such convention. Where,
therefore, a judicial district comprises two
counties, the nomination of a candidate
for district judge by a political party at
a county convention composed of delegates
of that county alone, without the other
having been represented or having an op-
portunity to participate in the proceed-
ings, such action was a mere nullity. State
ex rel. Woody v. EotAvitt, 18 M 502, 506,
46 P 370.
A mass meeting in one of two counties
composing a judicial district, called with-
out notice, except to those present at the
final adjournment of a regular county
convention, for the announced purpose of
formulating a protest to the action of the
convention, has no authority to name de-
legates to represent the county in a state
and judicial convention in place of those
named by the regular county convention;
and delegates named by such meeting,
though recognized and seated by the state
209
23-802
ELECTIONS
convention, have no authority to represent
the county in the judicial convention,
and a nomination made by it is invalid,
because the electors of both counties are
not represented. State ex rel. Scharnikow
V. Hogan, 24 M 383, 392, 02 P 583. See
also State ex rel. Gilchrist v. Weston, 27
M 185, 191, 70 P 519, 70 P 1134.
New Political Parties
Since the Initiative Primary Law (23-
901 et seq.) was not enacted to prevent
nominations but to subject tlicm to pub-
lic regulation and control as far as possi-
ble and did not repeal this section so far
as it relates to political parties coming
into existence after the holding of the
primary election, this section was the only
law under which the socialist party or-
ganized in September, 1922, could pro-
ceed to make its nominations. State ex rel.
Mills v. Stewart, 64 M 453, 464, 210 P 465.
Under chapter 7, Laws of 1927 (23-
909), a political party which did not cast
at least three per cent of the total vote
cast for representative in Congress at the
next preceding general election, or a new
party about to be formed, may make
nominations for public office by the con-
vention system provided for by this sec-
tion. State ex rel. Foster v. Mountjoy, 83
M 162, 168, 271 P 446.
Nomination by Political Club
Where a political club composed of four
hundred members nominated a county
ticket at a meeting of some fifty mem-
bers, and no call for a convention was
ever made nor any person ever elected
as a delegate to a convention, nor any
notice given that a convention was to be
held, such proceedings were not those of
an organized assemblage of delegates rep-
resenting a political party within the
moaning of this section. State ex rel. Eus-
sel V. Tooker, 18 M 540, 543, 46 P 530,
explained in 24 M 383, 392, 62 P 583.
Partisan Nominations
Partisan nominations of candidates for
judicial offices are recognized by this sec-
tion and sections 23-802, 23-803. State ex
rel. Holliday v. O'Leary, 43 M 157, 167,
115 P 204.
Presidential Electors — Nomination
The nomination for presidential elec-
tors is a nomination for public office. State
ex rel. Wheeler v. Stewart, 71 M 358, 363,
230 P 366.
Special Elections
Since tlie Primary Election Law (23-901
et seq.) is made applicable only to general
elections, fails to provide for the nomina-
tion of candidates to be voted for at spe-
cial elections, and does not repeal prior
statutes on the latter subject, this section
and section 23-804, are still in force, and
therefore nomination of candidates to be
voted for at special elections must be
made pursuant to the provisions of either
tills section or section 59-707. State ex
rel. Rcibold v. Duncan, 55 M 380, 177 P
250, distinguished in 116 M 283, 291, 149
P 2d 913.
Validity of Nominations
Where it appeared that a convention
was participated in by twenty-one electors
of the county who appeared in response to
personal invitation, and after acting as a
county convention then proceeded to hold
a state convention, no call for a state con-
vention having ever been given or dele-
gates elected to either convention, and no
notice published throughout the state or
county of the gathering of the new party,
the nomination of a county ticket and
presidential electors by such convention
was a nullity. State ex rel. Metcalf v. John-
son, 18 M 548, 552, 46 P 533.
References
State ex rel. Mitchell v. District Court,
128 M 325, 275 P 2d 642, 647.
Collateral References
Elcctions®=5l25.
29 C.J.S. Elections §§ 91, 104,
25 Am. Jur. 2d 814, Elections, § 128.
Constitutionality of statute relating to
power of committee or officials of politi-
cal party. 62 ALR 924.
Extent of power of political party, com-
mittee or officer to exclude persons from
participating in its primaries as voter or
candidates. 70 ALR 1501; 88 ALR 473; 97
ALR 085 and 151 ALR 1121.
Political principles or affiliations as
ground for refusal of government officials
to take steps necessary to representation
of party or candidate upon official ticket.
130 ALR 1471.
Personal liability of public officer for
breach of duty in respect of election or
primary election laws. 153 ALR 109.
I
23-802. (613) Certificates of nomination, what to contain. All nomi-
nations made by such convention or primary meeting must be certified as
follows : The certificate of nomination, which must be in writing, must con-
210
NOMINATIONS FOR SPECIAL ELECTIONS
23-803
tain the name of each person nominated, his residence, his business, his
business address, and the office for which he is named, and must desiprnate,
in not more than five words, the party or principle which such convention
or primary meetino: 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 addresses. Such certificates must be delivered by the secretary or
the president of such convention or primary meeting to the secretary of
the state or to the county clerk, as in this chapter required.
History: En. Sec. 3, p. 136, L. 1889; in printing the ballot, so that he may
group the candidates and distinguish them
liy this designation. State ex rel. Ken-
nedy V. Alartin, 24 M 403, 406, 62 P 588.
References
State ex rel. Mitchell v. District Court,
128 M 325, 275 P 2d 642, 647.
Collateral References
ElectionsC=>13S.
29 C.J.S. Elections § 135.
25 Am. Jur. 2d 833, Elections, § 141.
re-en. Sec. 1311, Pol. C. 1895; re-en. Sec.
522, Rev. C. 1907; re-en. Sec. 613, R. C. M.
1921. Cal. Pol. C. Sec. 1187.
All Convention Nominations Included
In One Certificate
Under this section all convention nomi-
nations of one party must be contained in
a single certificate, and a separate certifi-
cate for each nominee cannot be filed.
State ex rel. Galen v. Hays, 31 M 227,
230, 78 P 301.
Purpose
The requirement of this section is evi-
dently designed to guide the proper officer
23-803. (614) Certificate, where filed. Certificates of nomination of
candidates for the legislative assembly and for offices to be filled by the
electors of the entire state, or of any division or district greater than a
county, must be filed with the secretary of state. Certificates of nomination
for county, township, and precinct officers must be filed with the clerks of
the respective counties wherein the officers are to be elected. Certificates
of nomination for municipal officers must be filed with the clerks of the re-
spective municipal corporations wherein the officers are to be elected.
Misnomer In Party Name
An error in the certificate of nomina-
History: En. Sec. 4, p. 136, L. 1889;
re-en. Sec. 1312, Pol. C. 1895; re-en. Sec.
523, Rev. C. 1907; re-en. Sec. 614, R. C. M.
1921; amd. Sec. 3, Ch. 194, L. 1967. Cal.
Pol. C. Sec, 1189.
Candidate for District Judge
A district judge is a state officer, but
there is no provision in this section requir-
ing the certificate of nomination of such
an officer from a district containing only
a single county to be filed with the sec-
retary of state. In this regard, therefore,
there is no specific provision enjoining
any duty upon this officer. In view of
the policy of the statute and constitution,
however, which appears to be that the
nomination and election of officers in any
county of the state shall be controlled
exclusively by the electors therein and
their local officers, the certificate of a
candidate for district judge of a district
containing only one county is, like that of
a county officer, to be filed with the clerk
of the county. State ex rel. Doran v. Hays,
27 M 174, 177, 70 P 321.
tion filed in accordance with this section
consisting of a misnomer in the name of
the party which the convention represent-
ed, renders such certificate insufficient and
void. State ex rel. Scharnikow v. Hogan,
24 M 397, 401, 62 P 683.
References
State ex rel. "Woody v. Eotwitt, 18 M
502, 506, 46 P 370; State ex rel. Scharni-
kow V. Hogan, 24 M 379, 380, 62 P 493;
State ex rel. Holliday v. O'Leary, 43 M
157, 167, 115 P 204; State ex rel. "Wheeler
v. Stewart, 71 M 358, 365, 230 P 366; State
ex rel. Mitchell v. District Court, 128 M
325, 275 P 2d 642, 648.
Collateral References
Elections<S='139.
29 C.J.S. Elections § 137.
25 Am. Jur. 2d 831, Elections, § 140.
211
k
23-804
ELECTIONS
23-804. (615) Certificates of nomination otherwise made. Candidates
for public office may be nominated otherwise than by convention or primary
meeting in the manner following:
A certificate of nomination, containing the name of a candidate for the
oflSce to be filled, with such information as is required to be given in
certificates provided for in section 23-802, must be signed by electors re-
siding within the state and district, or political division in and for which
the officer or officers are to be elected, in the following required numbers :
The number of signatures must not be less in number than five per
cent of the number of votes cast for the successful candidate for the same
office at the next preceding election, whether the said candidate be state,
county, township, municipal, or any other political division or subdivision
of 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 address. Any such cer-
tificate 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 nom-
ination made by a party convention or primary meeting.
History: En. Sec. 5, p. 136, L. 1889; elected in November, 1942 for a four-year
re-en. Sec. 1313, Pol. C. 1895; re-en. Sec.
624, Eev. C. 1907; re-en. Sec. 615, E. C. M.
1921. Cal. Pol. C. Sec. 1188.
Application of Section
This section, providing that candidates
for public office may be nominated other-
wise than by convention or primary meet-
ing, to wit, by petition, is applicable to the
nomination of independent candidates.
State ex rel. Wheeler v. Stewart, 71 M 358,
360, 230 P 366.
Nomination by Certificate
Court refrained from deciding the ques-
tion whether, under this section, a certif-
icate of nomination, to be valid, must
contain the designation of a party or
principle, but was disposed to regard it
as contemplating simply the candidacy of
one not a nominee of a party — an inde-
pendent or elector's candidate. When all
the statutes were read with relation to
the different conditions contemplated, the
court was not prepared to say that the
information referred to in this section
necessarily extended to more than the
name, residence, business address, and the
office for which the candidate was nomi-
nated. It was decided that a candidate
for district judge could not, by petitions,
have his name placed on the ticket of a
regular party in existence. State ex rel.
Woody v. Eotwitt, 18 M 502, 509, 46 P
370.
Nominee To Fill Vacancy
The primary election law applies to all
situations where it can be made reason-
ably operative. Where a county treasurer.
term ending March 1, 1947, died after he
had qualified and before commencement
of the term for which he was elected, the
appointee of the county commissioners
under section- 5, article XVI of the con-
stitution would hold until next general
election on November 7, 1944, and proce-
dure under Primary Law (23-901 et seq.
and section 5,. article XVI of the constitu-
tion) is controlling. A vacancy occurring
after the primary and prior to the general
election or at any other inapplicable time
authorizes nomination under this section
or section 23-801, section 23-909 then not
applying. LaBorde v. McGrath, 116 M
283, 286, 149 P 2d 913, distinguished in
117 M 160, 170, 157 P 2d 108 and 130 M
202, 208, 299 P 2d 446.
Nominees to be placed on ballot at
special election to fill vacancy resulting
from death of representative in Congress
must be chosen pursuant to this section
or section 23-801 and not by special nomi-
nating election. Bottomly v. Ford, 117 M
160, 167, 157 P 2d 108.
Presidential Electors
A candidate for presidential elector, is
a candidate for public office within the
meaning of this section and may there-
fore be nominated independently. State ex
rel. Wheeler v. Stewart, 71 M 358, 360,
230 P 366.
Eeferences
State ex rel. Haviland v. Beadle, 42 M
174, 176, 111 P 720; State ex rel. Holliday
V. O'Leary, 43 M 157, 165, 115 P 204;
State ex rel. Eowe v. Kehoe, 49 M 582,
584, 144 P 162; State ex rel. Eeibold v.
212
NOMINATIONS FOR SPECIAL ELECTIONS 23-807
Duncan, 55 M 380, 383, 177 P 250; State CoUateral References
97/p'aIr*" ^" ^^^""^J^J^' ^^ ^ 1^2, 168, Electionse^'HS, 144.
^^l f 44b. 29 C.J.S. Elections §§ 108-110, 135.
23-805. (616) Certificate not to contain certain things — one person not
to be nominated for more than one oflQce. No certificate of nomination
must contain the name of more than one candidate for each office to be
filled. No person must join in nominating more than one person for each
office to be filled, and no person must accept a nomination to more than one
office.
History: En. Sec. 6, p. 136, L. 1889; gal, and was within the inhibition of this
re-en. Sec. 1314, Pol. C. 1895; re-en. Sec. section. This could not have been done
525, Rev. C. 1907; re-en. Sec. 616, R. C. M. by the convention, nor could it be done
1921. Cal. Pol. C. Sec. 1190. by the committee, and the names of such
nominees were not entitled to places on
Nomination of Two Tickets the official ballot. State ex rel. Athey v.
Where the same committee appointed Hays, 31 M 233, 237, 78 P 486.
by a mass convention nominated two
tickets, composed of different persons as Collateral References
candidates for the same offices, such a Elections<S='144.
proceeding was not only wrong, but ille- 29 C.J.S. Elections §§ 108, 135.
23-806. (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 regu-
lations to be made by the officers with whom the same are filed.
History: En. Sec. 7, p. 137, L. 1889; References
re-en. Sec. 1315, Pol. C. 1895; re-en. Sec. state ex rel. Mitchell v. District Court,
526, Rev. C. 1907; re-en. Sec. 617, R. C. 123 M 325, 275 P 2d 642, 648.
M. 1921. Cal. PoL C. Sec. 1191. '
Collateral References
Elections<3=145.
29 C.J.S. Elections § 137.
25 Am. Jur. 2d 831, Elections, § 140.
23-807. (618) When certificates to be filed. Certificates of nomina-
tion to be filed with the secretary of state must be filed with the secretary
of state not less than sixty (60) days before the date fixed by law for the
election. Certificates of nomination herein directed to be filed with the
county clerk must be filed not less than sixty (60) 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 fifteen (15) days previous to the day of
election; but the provisions of this section shall not be held to apply to
nominations for special elections or to fill vacancies.
History: En. Sec. 8, p. 137, L. 1889; References
amd. Sec. 1316, Pol. C. 1895; re-en. Sec. g^ate ex rel. Mitchell v. District Court,
527, Rev. C. 1907; re-en. Sec. 618, R. C. M. 128 M 325, 275 P 2d 642, 646.
1921; amd. Sec. 1, Ch. 64, L. 1925; amd.
Sec. 1, Ch. 105, L. 1943; amd. Sec. 1, Ch. CoUateral References
259, L. 1947; amd. Sec. 1, Ch. 160, L. 1949; Elections<2=5l43.
amd. Sec. 5, Ch. 156, L. 1965. Cal. Pol. 99 c.J.S. Elections S 137.
C. Sec. 1192.
213
23-808 ELECTIONS
DECISIONS UNDER FORMER LAW
Time of Filing ^yag mandatory, and a certificate of origi-
Sectiou 1316, Pol. C. 1895, requiring nal nominations made at a party con-
certificates of nomination to be filed with veution could not be filed less than thirty
the secretary of state not more than sixty days before election. State ex rel. Galen
nor less than thirty days before election, v. Hays, 31 M 227, 230, 78 P 301.
23-808. (618.1) Nominees to pay prescribed filing fee. All candidates
nominated under the provisions of this chapter, shall, upon filing the cer-
tificate of nomination as provided by sections 23-803 and 23-807, pay to the
officer with whom the certificates of nomination are required to be filed, the
fees provided by section 23-910, and such filing fee shall be paid by
every person whose name appears upon the ballot at any general election,
regardless of the method pursued to secure nomination, provided, however,
that only one filing fee shall be required from any candidate, regardless of
the method used in having his name placed upon such general election bal-
lot.
History: En. Sec. 1, Ch. 28, L. 1933. Validity and effect of statutes exact-
Collateral References ^°g ^^^"g ^^'^s ^""o™ candidates for public
VI f ^T^o id^ office. 89 ALR 2d 864.
Elections<^=139, 145.
29 C.J.S. Elections § 137.
25 Am. Jur. 2d 879, Elections, § 132.
23-809. (619) Secretary of state to certify to county clerk names of
persons nominated. Not less than forty-five (45) 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 sjoecified in the certificates of nomination filed with the
secretary of state.
History: En. Sec. 9, p. 137, L. 1889; M 379, 380, 62 P 493; State ex rel. Wheeler
re-en. Sec. 1317, Pol. C. 1895; re-en. Sec. v. Stewart, 71 M 358, 363, 230 P 366;
528, Rev. C. 1907; re-en. Sec. 619, R. C. State ex rel. Bevan v. Mount joy, 82 M 594,
M. 1921; amd. Sec. 1, Ch. 58, L. 1925; amd. 597, 268 P 558.
Sec. 1, Ch. 104, L. 1943; amd. Sec. 6, Ch.
156, L. 1965. Cal. Pol. C. Sec. 1193. Collateral References
ElectionsC=5l56.
References 29 C.J.S. Elections § 135.
State ex rel. Scharnikow v. Hogan, 24
DECISIONS UNDER FORMER LAW
Party Candidate Vacancies in Board of Railroad Corn-
It is by means of the certificate men- missioners
tioned in section 1317, Pol. C. 1895 that The provisions of this section, as
the county clerk is informed how to pre- amended in 1943. a general statute, arc
pare the official ballot for the electors. j,! conflict with the special provisions of
The secretary of state cannot certify a section 72-101, a special statute, which
candidate nominated by electors, as the applies specifically and exclusively to the
candidate of a political party, for clearly fining of vacancies occurring in the board
he is not such a candidate and has no ^f railroad commissioners of the state of
place in a group of candidates certified Montana. State ex rel. Mitchell v. District
as nominated by a regular political party Court, 128 M 325, 275 P 2d 642, 646.
convention or organization, under the ^j^^ ^■^^^^ limitations prescribed in this
name of the party making such nomina- section, as amended in 1943, has no
tio^n._State ox rel. Woody v. Rotwitt, 18 M application to an election to fill a va-
50-, olO, 511, 46 P 370. cancy in the board of railroad commis-
214
NOMINATIONS FOR SPECIAL ELECTIONS 23-811
sionors created by tlic rosi{:jnation of a such effective date and the day of the
ie"ularlv elected railroad coininissioiier general election. State ex rel. Mitchell v.
where such commissioner defers and District Court, 128 M 325, 275 P 2d 642,
withholds the effective date of his resig- C47.
nation until hut 32 days remain between
23-810. (G20) Decimation of nomination — municipal elections. When-
ever any person nominated for public ofifice, as in this chapter provided,
shall at least twenty days before election, except in the case of municipal
election, in writing, signed by him, notify the office w^ith whom the certifi-
cate 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.
History: En. Sec. 11, p. 138, L. 1889; election. Stackpole v. Hallahan, 16 M 40,
re-en. Sec. 1319, Pol. C. 1895; re-en. Sec. 51, 40 P 80.
529, Rev. C. 1907; re-en. Sec. 620, R. CM.
1921; amd. Sec. 1, Cli. 15, L. 1925. Cal. References
Pol. C. Sec. 1192. State ex rcl. Kennedy v. Martin, 24 M
403, 408, 62 P 588.
Collateral References
Defective Proceedings
An election will not be declared void
by reason of nonprejudical defects in the Elections<S='146.
manner in which nomination was de- 29 C.J.S. Elections § 95.
clincd where question was raised after
23-811. ((;2]) Vacancies may be filled by further certificates. When a
vaccincy occurs in llie oliice of a candidate for either house of the legislative
assembly after the primary election and before the printing of the tickets
for the general election, or if a candidate declines the nomination as in this
chapter provided, or if any certificate of nomination is or becomes insuffi-
cient or inoperative from any cause, the vacancy or vacancies thus oc-
casioned may be filled in the manner required for original nomination. If
the original nomination was made by a party convention Avhich had dele-
gated to a committee the power to fill vacancies, such committee may, upon
the occurring of such vacancies, proceed to fill the same. If the vacancy
occurs in a multicounty senatorial or representative district it shall be filled
by a committee consisting of three (3) members from each county in the
senatorial or representative district. The three (3) members shall be select-
ed by the central committee, in each county, of the political party of the
person for whom the new nominee is to be substituted. The chairman and
secretary of such committee must thereupon make and file w^ith 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 cer-
tificate so made must be executed in the manner prescribed for the original
certificate of nomination, and has the same force and effect as an original
certificate of nomination. When such certificate is filed with the secretary
of state he must, in certifying the nominations to the varicuis county clerks,
insert the name of the person who has thus been nominated to fill a vacancy
in place of the name of the original nominee. And in the event he has al-
ready transmitted his certificate he must forthwith certify to the clerks of
215
23-812
ELECTIONS
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 sub-
stituted.
History: En. Sec. 12, p. 138, L. 1889;
re-en. Sec. 1320, Pol. C. 1895; re-en. Sec.
530, Rev. C. 1907; re-en. Sec. 621, R. C.
M. 1921; amd. Sec. 1, Ch. 86, L. 1967. Cal.
Pol. C. Sec. 1192.
Errors In Certificates
Where a convention of a political party
has made a nomination, and authorized
its committee to fill vacancies, and there
is an error in the certificate of nomination
filed, consisting of a misnomer of the party
which the convention represented, such
error renders the certificate void, thereby
creating a vacancy to be filled by the
committee as provided in this section,
construed as section 1320 of the Political
Code of 1895. State ex rel. Scharnikow
v. Hogan, 24 M 397, 399, 62 P 683.
The inadvertent failure to include the
name of a convention nominee for a cer-
tain oflice in the certificate of nominations
renders the certificate insufficient, within
the meaning of this section, and entitles
the proper committee to fill the vacancy.
State ex rel. Galen v. Hays, 31 M 227,
231, 78 P 301.
Nominations by Committees
This section does not forbid a political
convention from appointing and delegat-
ing to a committee power to make nomi-
nations for office, and a nomination made
by such committee after the adjournment
of the convention is in effect the act of
the convention, and therefore valid. State
ex rel. Pigott v. Benton, 13 M 306, 325,
34 P 301.
Nominations by Committees — Filing of
Certificates
This section is silent touching the time
within which must be filed the certificate
of nomination made by a committee to
fill a vacancy occasioned by the insuf-
ficiency of the certificate of the original
nomination. When a convention has made
a nomination, and has authorized its com-
mittee to fill any vacancy that may occur,
the tilling of the vacancy by the commit-
tee upon the death or resignation of the
candidate, or because the original certif-
icate of nomination was er became insuffi-
cient or inoperative, may be made at
any time before the day of election. State
ex reh Scharnikow v. Hogan, 24 M 397,
402, 62 P 683; State ex rel. Galen v. Hays,
31 M 227, 231, 78 P 301.
References
State ex rel. Kennedy v. Martin, 24 M
403, 408, 62 P 588.
Collateral References
EIections<S=5l47.
29 C.J.S. Elections §§93, 94, 136, 166.
23-812. (622) Errors, how corrected. Whenever it appears by affidavit
that an error or omission has occurred in the publication of the name or
description of a candidate nominated for office, or in the printing of 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.
to be so regarded, and whose names, un-
less stricken off the official ballot, will be
erroneously printed thereon. State ex rel.
Brooks V. Fransham, 19 M 273, 288, 48 P
1.
History: En. Sec. 19, p. 140, L. 1889;
re-en. Sec. 1322, Pol. C. 1895; re-en. Sec.
532, Rev. C. 1907; re-en. Sec. 622, R. C. M.
1921.
Construction of Section
This section contemplates and author-
izes tlie institution of proceedings to cure,
not alone clerical omissions or errors, but
likewise extends to instances of defects
by way of omissions of names of candi-
dates from the ballot, as well as to erro-
neous insertions of names of persons as
candidates who are not in fact entitled
References
State ex rel. Scharnikow v. Hogan, 24 M
383, 392, 62 P 583.
Collateral References
Elections<©='158.
29 C.J.S. Elections §§ 90, 138.
23-813. (623) Qualification of voter at primary election. No person
shall be entitled to vote at any caucus, primary meeting, or election, held by
216
NOMINATIONS FOR SPECIAL ELECTIONS 23-817
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 resi-
dent of the precinct or district within wliich such caucus, primary meeting,
or election is held, and the limits of which said precinct 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.
History: En. Sec. 1330, Pol. C. 1895; Collateral References
re-en. Sec. 533, Rev. C. 1907; re-en. Sec. Elections<3=>125, 126 (4).
623, R. C. M. 1921. 29 C.J.S. Elections §§ 91, 104, 115.
25 Am. Jur. 2d 853, Elections, § 158.
23-814. (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,
Avhose candidates are to be nominated at such caucus or primary meet-
ing. And no person, having voted at any primary meeting or election of
any political party whose candidates are to be or have been nominated,
shall be permitted to vote at the primary meeting or election of any other
political party whose candidates are to be or have been nominated and to
be voted for at the same general or special election.
History: Ap. p. Sec. 1331, Pol. C. 1895; Collateral References
amd. Sec. 1, p. 115, L. 1901; re-en. Sec. Elections©=5l25, 126 (4).
534, Rev. C. 1907; re-en. Sec. 624, R. C. M. 29 C.J.S. Elections §§ 91, 104, 115 et seq.
1921. 25 Am. Jur. 2d 854, Elections, § 159.
23-815. (625) Judges. Three judges, who shall be legal voters in the
precinct 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 aflSrmations, 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.
History: En. Sec. 1332, Pol. C. 1895;
re-en. Sec. 535, Rev. C. 1907; re-en. Sec.
625, R. C. M. 1921.
23-816. (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 post-
office address.
History: En. Sec. 1333, Pol. C. 1895; Collateral References
re-en. Sec. 536, Rev. C. 1907; re-en. Sec. Elections<S='125
626, R. C. M. 1921. Cal. Pol. C. Sec. 1229. 29 C.J.S. Elections § 91.
25 Am. Jur. 2d 730, Elections, § 44.
23-817. (627) Challenges — oath — penalty. Any qualified voter may
challenge the right of any person offering to vote at such caucus or primary
meeting, and in the event of such challenge, the person challenged shall
217
23-818 ELECTIONS
swear to and subscribe an oath administered by one of the judges, which
oath shall be substantially as follows :
"I do solemnly swear that I am a citizen of the United States, and
am an elector of this county and of this precinct where this primary is
now being held, that I have been and now am identified with the 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 can-
didates are to be voted for at the next general or special election."
If the challenged party takes the oath above prescribed he is entitled
to vote; provided, in case a person taking the oath as aforesaid shall
intentionally 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 meet-
ing or election, he shall, upon conviction he deemed guilty of perjury, and
shall be punished by imprisonment in the penitentiary for term of not
less than one year nor more than three years.
History: Ap. p. Sec. 1334, Pol. C. 1895; Collateral References
amd. Sec. 2, p. 115, L. 1901; re-en. Sec. Elections<S='125; Perjury<S=35.
537, Rev. C. 1907; re-en. Sec. 627, R. C. M. 09 c.J.S. Elections S91; 70 C.J.S. Per-
1921. Cal. Pol. C. Sec. 1230. jury § 21.
26 Am. Jur. 2d 67, Elections, § 237.
23-818. (628) Fraudulent voting or counting. It shall be unlaAvful for
any judge of any caucus for 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 pri-
mary 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.
History: En. Sec. 1335, Pol. C. 1895; Collateral References
re-en. Sec. 538, Rev. C. 1907; re-en. Sec. ElectionsO'313.
628, R. C. M. 1921. 29 C.J.S. Elections § 327.
23-819. (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 meeting,
or deter him in the deposit of his ballot, or interfere or hinder any voter
at such caucus or primary meeting in the full and free exercise of his
right of sufferage at such caucus or primary meeting.
History: En. Sec. 1336, Pol. C. 1895; Collateral References
re-en. Sec. 539, Rev. C. 1907; re-en. Sec. ElectionsC=319.
629, R. C. M. 1921. 29 C.J.S. Elections § 330.
Cross-Reference
Bribery of electors at conventions, pen-
alty, sec. 94-1418.
23-820. (630) Penalties. Any person or persons violating any of the
provisions of this act, except as provided in section 23-817, shall be guilty
of a misdemeanor, and upon conviction thereof shall be punished by a
218
PARTY NOMINATIONS — THE DIRECT PRIMARY 23-901
fine of not less than fifty dollars, nor more than two hundred and fifty dol-
lars, or by imprisonment in the county jail not less than three months nor
more than twelve months, or by both such fine and imprisonment, in the
discretion of the court.
History: En. Sec. 3, p. 116, L. 1901; CoUateral References
re-en. Sec. 540, Rev. C. 1907; re-en. Sec. ElectionsC='323.
630, R. C. M. 1921. 29 C.J.S. Elections § 355 (1).
CHAPTER 9
PARTY NOMINATIONS BY DIRECT VOTE— THE DIRECT PRIMARY
Section 23-901. Construction of law.
23-902. Date of holding primary election — purpose.
23-903. Primary nominating election notices.
23-904. Application of law to cities and towns.
23-905. Emergency clause.
23-906. Counting of ballots.
23-907. Form of tally sheets— canvass of votes.
23-908. Pollbooks, precinct register, and tally sheets to be sealed and returned.
23-909. Political party nominations made exclusively as herein provided.
23-910. Petitions for nomination to be filed.
23-911. Form of petition for nomination.
23-912. Time for filing petitions for nominations.
23-913. Register of candidates.
23-914. Register of candidates is public record — disposition of pollbooks, tally
sheets, ballots, etc.
23-915. Vacancies in nominations, how filled.
23-916. Arrangement and notice of nominations.
23-917. Arrangement of ballots and notice.
23-918. Supplies printed and furnished by county.
23-919. Ballots, how arranged, printed and voted.
23-920. Ofl&cial and sample ballots — preparation and number.
23-921. Canvass of returns.
23-922. Duties of county clerk after canvass of vote — state canvass.
23-923. Error in ballot or count.
23-924. Secretary of state may send for returns.
23-925. Penalty for official misconduct.
23-926. Notice of contest.
23-927. Service of notice — contest — how heard.
23-928. Contest — how tried and decided.
23-929. County and city central committeemen, how elected.
23-930. Repealed.
23-931. Penalty for violation of law.
23-932. Repealed.
23-933. Penalty for bribery, etc.
23-934. General penal laws applicable.
23-935. Forgery and suppression of nomination papers.
23-936. General laws applicable to this enactment.
23-901. (631) Construction of law. Whenever the provisions of this
law in operation prove to be of doubtful or uncertain meaning, or not suf-
ficiently explicit in directions and details, the general laws of Montana, and
especially the election and registration laws, and the customs, practice,
usage, and forms thereunder, in the same circumstances or under like con-
ditions, shall be followed in the construction and operation of this law, to
the end that the protection of the spirit and intention of said laws shall be
extended so far as possible to all primary elections, and especially to aU
primary nominating elections provided for by this law. If this proposed law
219
23-902
ELECTIONS
shall be approved and enacted by the people of Montana, the title of this
bill shall stand as the title of the law.
History: En. Sec. 1, Initiative Measure
Nov. 1912; re-en. Sec. 631, R. C. M. 1921.
Cal. Pol. C. Sees. 1357-1380.
Construction of Statutes
The so-called antifusion statute (123-
1105, 23-1113 to 23-1116) was not im-
pliedly repealed by the Primary Election
Law (23-901 et seq.). State ex rel. Metcalf
V. Wileman, 49 M 436, 437, 143 P 565.
Under the rule that where two statutes
are enacted at the same time on the same
subject, they must be construed together
and effect given to both if possible, held
that the provisions of the Primary Law
(23-901 et seq.) and the Corrupt Prac-
tices Act (94-1427 et seq.), in so far as
they refer to election contests, provide a
complete and workable system, omitting
section 30 of the Primary Laws (omitted
from code). Wilkinson v. La Combe, 59 M
518, 520, 197 P 836.
Nominees to be placed on ballot at spe-
cial election to fill vacancy resulting from
death of representative in Congress must
be chosen pursuant to section 23-801 or
section 23-804 and not by special primary
nominating election. Bottomly v. Ford, 117
M 160, 162, 157 P 2d 108.
References
Cadle v. Town of Baker, 51 M 176,
181, 149 P 960; Thompson v. Chapin, 64
M 376, 383, 209 P 1060; State ex rel. Mills
V. Stewart, 64 M 453, 464, 210 P 465;
LaBorde v. McGrath, 116 M 283, 288, 149
P 2d 913.
Collateral References
Elections<S=3l26 (1).
29 C.J.S. Elections §§ 91, 111.
23-902. (632) Date of holding primary election — purpose. On the first
Tuesday of June, preceding any general election not including special elec-
tions to fill vacancies, municipal elections in towns and cities, irrigation
district and school elections, at which public officers in this state and in any
district or county are to be elected, a primary nominating election shall be
held in accordance with this act in the several election precincts comprised
within the territorv for which such officers are to be elected at the ensuing
election, wliich shall be known as the primary nominating election, for the
purpose of choosing candidates by the political parties, subject to the pro-
visions of this act, for United States senators and representatives, in Con-
gress 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 the state, or any subdivision of this state, and also for choosing and
electing county central committeemen and committeewomen by the several
parties subject to the provisions of this act.
History: En. Sec. 2, Initiative Measure Collateral References
Nov. 1912; re-en. Sec. 632, R. C. M. 1921; Elections©='126 (1).
amd. Sec. 1, Ch. 118, L. 1925; amd. Sec.
1, Ch. 3, L. 1927; amd. Sec. 12, Ch. 214,
L. 1953 (Referendum Measure adopted
November 2, 1954 effective December 7,
1954); amd. Sec. 1, Ch. 266, L. 1955; amd.
Sec. 1, Ch. 274, L. 1959; amd. Sec. 2, Ch.
156, li. 1965; amd. Sec. 1, Ch. 151, L. 1967.
References
Wilkinson v. La Combe, 59 M 518,
520, 197 P 836; State ex rel. Mills v. Stew-
art, 64 M 453, 463, 210 P 465; State ex rel.
Foster v. Mountjoy, 83 M 162, 166, 271
P 446; State ex rel. Wulf v. McGrath,
111 M 96, 99, 106 P 2d 183; LaBorde v.
McGrath, 116 M 283, 288, 149 P 2d 913;
Bottomly v. Ford, 117 M 160, 164, 157 P
2d 108.
29 C.J.S. Elections §§ 91, 111.
25 Am. Jur. 2d 839, Elections, § 147.
Determination of controversies within
political party. 20 ALR 1035 and 169
ALR 1281.
Validity of public election as affected
by fact that it was held at time other
than that fixed by law. 121 ALR 987.
Constitutionality, construction, and ap-
plication of statutes regarding party af-
filiations or change thereof as affecting
eligibility to nomination for public office.
153 ALR 641.
Power of political party or its officials
to withdraw nominations. 155 ALR 186.
220
PARTY NOMINATIONS — THE DIRECT PRIMARY 23-904
23-903. (633) 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 election will be
held at which the (insert the names of political parties subject to this law)
Avill 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 candi-
dates for county central committeemen to be elected) ; which election will
be held at ten o'clock a. m., and will continue until eight o'clock p. m. of
said day; provided that in precincts having less than one hundred (100)
registered electors the polls must be opened at one o'clock in the afternoon
of election day and must be kept open continuously until eight o'clock
p. m. of said day, when they must be closed ; provided further, that when-
ever all registered electors in any precinct have voted the polls shall be
immediately closed.
Dated this day of , 19
, county clerk.
History: En. Sec. 3, Initiative Measure 64 M 453, 463, 210 P 465; State ex rel.
Nov. 1912; re-en. Sec. 633, E. C. M. 1921; Wulf v. McGrath, 111 M 96, 100, 106 P
amd. Sec. 3, Ch. 167, L. 1945; amd. Sec. 2, 2d 183.
Ch. 207. L. 1955. CoUateral References
References Election8<^=126 (2).
Wilkinson v. La Combe, 59 M 518, 520, 29 C.J.S, Elections § 117.
197 P 836; State ex rel. Mills v, Stewart,
23-904. (634) 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 by the last preceding national or state census. All peti-
tions by the members of such political parties for placing the names of can-
didates 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 nom-
ination by such political parties for county offices at primary nominating
elections. The duties imposed by this law on the county clerks at primary
nominating elections are hereby, as to said towns and cities, designated
to be the duties of the city clerk of said towns and cities as to primary
221
23-905 ELECTIONS
nominating elections of the political parties, subject to the provisions of
this law, provided, that in cities and towns the primary nominating election
shall be held on the fourteenth day preceding their municipal elections. If
no petitions for nomination under this law for any office to be filled at
the next ensuing annual city election is filed with the city clerk of any
city, not less than 30 days before the date fixed by law for the holding of
a primary nominating election, then there shall be no primary election held
within such city, and the city clerk shall, not less than twenty-five days
before the date fixed for the holding of the primary nominating election,
certify to the county clerk of the county in which such city or town is
situated that no petition for 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 constituted legislative and executive
authorities of cities and town, within the provisions of this section, shall
have such power and authority over the establishing of municipal voting
precincts and wards, municipal boards of judges and clerks of election
and other officers of their said municipal election, and other matters per-
taining 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.
History: En. Sec. 4, Initiative Measure References
Nov. 1912; amd. Sec. 1, Ch. 88, L. 1921; Wilkinson v. La Combe, 59 M 518, 520,
re-en. Sec. 634, R. C. M. 1921; amd. Sec. 197 P 836; State ex rel. Mills v. Stewart,
1, Ch. 62, L. 1933. 64 M 453, 464, 210 P 465.
23-905. (635) Emergency clause. This act is declared to be an emer-
gency law, and a law necessary for the immediate preservation of the public
peace and safety.
History: En. Sec. 3, Ch. 88, L. 1921; Collateral References
re-en. Sec. 635, R. C. M. 1921. Elections<S=>126 (1).
29 C.J.S. Elections § 91.
23-906. (G3G) Counting of ballots. Immediately after the closing of
the polls at a primary nominating election, the clerks and judges of election
shall open the ballot boxes at each polling place and proceed to take there-
from the ballots. Said officers shall count the number of ballots cast by
eacli political party, at the same time bunching the tickets cast for each po-
litical party together in separate piles, and shall then fasten each pile sepa-
rately by means of a brass clip, or may use any means which shall effectu-
ally fasten each pile together at the top of each ticket. As soon as the
clerks and judges have sorted and fastened together the ballots separately
for each political party, then they shall take the tally sheets provided by
the county clerk and shall count all the ballots for each political party
separately until the count is completed, and shall certify to the number of
votes for each candidate for nomination for each office upon the ticket of
each party. They shall then place the counted ballots in the box. After
all have been counted and certified to by the clerks and judges they shall
222
PARTY NOMINATIONS — THE DIRECT PRIMARY
23-907
seal the returns for each of said political parties in separate envelopes, to
be returned to the county clerk.
History: En. Sec. 5, Initiative Measure
Nov. 1912; re-en. Sec. 636, R. C. M. 1921.
References
Wilkinson v. La Combe, 59 M 518, 520,
197 P 836; State ex rel. Mills v. Stewart,
6-t M 453, 464, 210 P 465; State ex rel.
Wulf V. McGrath, 111 M 96, 100, 106 P
2d 183.
Collateral References
Election8e='126 (7).
29 C.J.S. Elections § 119.
26 Am. Jur. 2d 122, Elections, § 298.
23-907. (637) Form of tally sheets — canvass of votes. Tally sheets for
each political party having candidates to be voted for at said primary nom-
inating election shall be furnished for each voting precinct by the county
(".lerk, at the same time and in the same manner that the ballots are fur-
nished and shall be substantially as follows :
(1) Tally sheet of the primary nominating election for
(name of political party) held at precinct, in the county
of on the day of
19
The names of the candidates shall be placed on the tally sheets and
numbered in the order in which they appear on the official and sample
ballots, and in each case shall have the proper political party designated
at the head thereof.
(2) The following shall be the form of the tally sheets kept by the
judges, and clerks of the primary nominating election under this law, con-
taining the number and name of each person voted for, the particular office
for nomination to which each person was voted for, the total number of
votes cast for each candidate for nomination. The tally or count as it is
kept by each of the clerks shall be audibly announced as it proceeds, and
shall be kept in the manner and form as follows :
No.
Name of
Candi-
date
Office
Total
Vote
Received
No.
Tally
5
No.
Tally
10
No.
Tally
15
12
12
13
14
1
12
13
14
1
1
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-faced small pica, and all figures shall be printed in bold-
faced small pica. The tally sheets shall conclude with the following form
of certificate :
223
23-908 ELECTIONS
We hereby certify that at the above primary nominating election and
polling place each of the foregoing named persons received the number of
votes set opposite his name, as above set forth, for the nomination for the
office specified.
, Chairman. , Clerk.
(Who kept this sheet.)
, Judge. , Clerk.
, Judge. , Clerk.
(Who kept the other sheet.)
(3) During the counting of the ballots each clerk shall, with pen and
ink, keep tally upon one of the above tally sheets, of each political party,
and shall total the number of tallies and write the total in ink immediately
to the right of the last tallies for each candidate and also in the columns
headed "total vote" and shall prepare the certificate thereto above indi-
cated ; 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 the name and political party of each candidate for
nomination and the office and total votes received by each in the precinct,
and shall prepare the certificate thereto, which statement shall be signed
by the judges and clerks who complete the count, and shall be immediately
posted in a conspicuous place on the outside of said polls, there to remain
for ten days.
History: En. Sec. 6, Initiative Measure References
Nov. 1912; re-en. Sec. 637, R. C. M. 1921. Wilkinson v. La Combe, 59 M 518, 520,
197 P 836; State ex rel. Mills v. Stewart,
64 M 453, 464, 210 P 465.
23-908. (638) Pollbooks, precinct register, and tally sheets to be sealed
and returned. (1) Immediately after canvassing the votes in the manner
aforesaid, the judges and clerks wlio complete the count, before they sepa-
rate or adjourn shall enclose the pollbooks in separate covers and securely
seal the same. They shall also enclose the tally sheets in separate envelopes
and seal the same securely. They shall also enclose the precinct registers in
separate envelopes and seal the same securely. They shall also envelope
all the ballots fastened together, as aforesaid, and seal the same securely;
and they shall in writing, with pen and ink, specify the contents, and
address each of said packages upon the outside thereof to the county clerk
of the county in which the election precinct is situated. These sealed
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 anyone until so ordered by the proper court.
(2) 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 tlie rim of the lid of the box, so that the box cannot
224
PARTY NOMINATIONS — THE DIRECT PRIMARY 23-909
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 anyone break the seals on the boxes or
the ballots, except upon the order of the proper court in case of contest,
or upon the order of the county board when the boxes are needed for the
ensuing election.
History: En. Sec. 7, Initiative Measure References
Nov. 1912; re-en. Sec. 638, R. C. M. 1921; Wilkinson v. La Combe, 59 M 518, 520,
amd. Sec. 6, Ch. 64, L. 1959. 197 p gsg. g^ate ox rel. Mills v. Stewart,
64 M 453, 464, 210 P 465.
23-909. (639) Political party nominations made exclusively as herein
provided. Every political party which has cast three per centum (3%) or
more of the total vote cast for representative in Congress at the next pre-
ceding general election in the county, district or state for which nomina-
tions are proposed to be made, shall nominate its candidates for public
office in such county, district or state, under the provisions of this law,
and not in any other manner; and it shall not be allowed to nominate any
candidate in the manner provided by section 23-801. Every political party
and its regularly nominated candidates, members, and officers, shall have
the sole and exclusive right to the use of the party name and the whole
thereof, and no candidate for office shall be permitted to use any word of
the name of any other political party or organization than that of and by
which he is nominated. No independent or nonpartisan candidate shall be
permitted to use any word of the name of any existing political party or
organization in his candidacy. The names of candidates for public office
nominated under the provisions of this law shall be printed on the official
ballots for the ensuing election as the only candidates of the respective
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 23-801.
History: En. Sec. 8, Initiative Measure Collateral References
Nov. 1912; re-en. Sec. 639, R. C. M. 1921; ^, .. x^,o^ ,-,.
amd. Sec. 1, Ch. 7, L. 1927; amd. Sec. 2. S'^r. VT?? k^^'cc oi m
Ch. 266, L. 1955; amd. Sec. 2. Ch. 274 f- P'^ ^''/! oT l^r " « io«
T igcQ 2o Am. Jur. 2d 814, Elections, § 128.
., , Constitutionality of statute relating to
compiler s Note power of committee or officials of polit-
Tlie bracketed word "may" was inserted leal party. 62 ALR 924.
by the compiler, as it was omitted in the Extent of power of political party, com-
1955 aincndmeiit. Such bracketed word mittee or officer to exclude persons from
was included iu the enactment of tlie 1959 participating in its primaries as voter or
amendment. candidates. 70 ALR 1501; 88 ALR 473;
97 ALR 685 and 151 ALR 1121.
References Political principles or affiliations as
Wilkinson v. La Combe, 59 IM 518, 520, ground for refusal of government officials
197 P 83(3; State ex rel. Mills v. Stewart, to take steps necessary to representation
64 M 453, 464, 210 P 465; Bottomly v. of party or candidate upon official ticket.
Ford, 117 M 160, 165, 157 P 2d 108. 130 ALR 1471.
225
23-910
ELECTIONS
Personal liability of public officer for
breach of duty in respect of election or
primary election laws. 153 ALR 109.
Validity of percentage of vote or similar
rcquiicnicnt for participation by political
parties in primary election. 70 ALR 2d
1162.
DECISIONS UNDER FORMER LAW
Construction
^Vllcrc tlie legislature at tlie same ses-
sion jiasscs two statutes relating to llic
same subject matter, it may not be pre-
sumed that by enacting the second, with-
out making reference to the first, it in-
tended to limit the scope of the first, but
the two must be read together and har-
monized, and under that rule, held that
chapter 7, Laws of 1927 (this section
prior to ]035 amendment), and chapter
12G (23-1001 ct soq.), ])roviding for a
method of electing presidential electors,
etc., arc not in irreconcilable conflict.
State ex rcl. Foster v. Mountjoy, 83 M
162, 168,271 P44G.
Independent Party
Assuming (but not deciding) that an
existing political party may use the term
"Independent" in its party name, such
use cannot deprive another candidate from
employing that term in designating the
character of his candidacy for the same
office, and provision of this section (prior
to 1927 amendment), i^rohibiting an inde-
pendent candidate from using any word of
the name of an existing political party
has no application in such circumstances.
State ex rcl. Wheeler v. Stewart, 71 M
358, 361,230 P 366.
Presidential Electors Are Candidates for
Public Office
Candidates for presidential electors are
candidates for public office, within the
meaning of this section (prior to 1955
amendment), providing for primary elec-
tions of candidates for public office. State
ex rel. Foster v. Mountjoy, 83 M 162, 168,
271 P 446.
When Party May Nominate Candidates
by Convention System
Under chapter 7, Laws of 1927 (this
section prior to 1955 amendment), a polit-
ical party Avhich did not cast at least
three per cent of the total vote cast for
representative in Congress at the next pre-
23-910. (640) Petitions for nomination to be filed. (1) Any person
who shall desire to become a candidate for nomination to any office under
this law shall send by registered mail, or otherwise, to the secretary of state,
county clerk, or city clerk, a petition for nomination, signed by himself,
accompanied by the filing fee hereinafter provided for, and such petition
shall be filed and shall be conclusive evidence for the purpose of this law
that such elector is a candidate for nomination by his party. All nominating
226
ceding general election, or a new party
about to be formed, may make nomina-
tions for public office by the convention
system provided for by section 23-801 et
seq. State ex rel. Foster v. Mountjoy, 83
M 162, 168, 271 P 446.
On application for writ of mandate to
compel the secretary of state to place the
names of the candidates of the Workers
(Communist) party for presidential elec-
tors, nominated by it at a mass conven-
tion, upon the official ballot for the gen-
eral election to be held on November 6,
1928, refusal so to do being based on
the ground that such party was in exist-
ence in 1924, and therefore could not
make nominations by convention, held
that even if it was in existence prior to
the spring primary of 1928, it was never-
theless entitled to a place on the ballot
because it failed to cast three per cent
of the vote for representative in Congress
on the last general election, whether that
election be held to be the one of 1924 or
of 1926, and therefore could select its
candidates by convention. State ex rel.
Foster v. Movmtjoy, 83 M 162, 168, 271
P 446.
Whenever it would be impossible or un-
reasonable for candidates to file and other-
wise comply with the Primary Nomi-
nating Election Law (23-901 et seq.) the
prohibition of this section (prior to 1955
amendment) would not apply and candi-
dates could be nominated pursuant to sec-
tions 23-801 and 23-804. LaBorde v. Mc-
Grath, 116 M 283, 288, 149 P 2d 913.
When Party Must Nominate Candidates
under Primary Election Law
Whenever the provisions of the Primary
Nominating Election Law (23-901 et
seq.) apply, the convention or primary
meeting methods of making nominations
provided for in section 23-801, are express-
ly ruled out and prohibited by this
section (prior to 1955 amendment). La-
Borde V. McGrath, 116 M 283, 288, 149 P
2d 913.
PAKTY NOMINATIONS — THE DIKEOT PKIMAKY 23-910
petitions pertaining to congressional, state or district offices to be voted for
in more than one county, for members of the legislative assembly, 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 townsliip and precinct offices, shall be filed in the office of the county
clerk; and for all city offices in the office of the city clerk.
The fees required to be paid for filing such petitions shall be as follows:
For any office with a salary attached of one thousand dollars ($1,000.00)
or less per annum, ten dollars ($10.00) ; except candidates for the state
senate and house of representatives shall be fifteen dollars ($15.00).
For any office witli a salary attached of more than one thousand dollars
($1,000.00) per annum, one per cent (1%) of total amount of annual salary.
For the office of county commissioner in counties of the first class, forty
dollars ($40.00) ; in counties of the second class, thirty-five dollars ($35.00) ;
in counties of the third class, thirty dollars ($30.00) ; in counties of the
fourth class, twenty-five dollars ($25.00) ; in all other classes of counties, ten
dollars ($10.00).
For the office the compensation of which consists of fees instead of a
salary, five dollars ($5.00).
For state, county and precinct committeeman, delegates to national
conventions and presidential electors no fees shall be required to be paid.
(2) 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 nominating 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 preceding general election. No candi-
date 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 provisions of this section.
History: En. Sec. 9, Initiative Measure Where Deceased Candidate Received
Nov. 1912; re-en. Sec. 640, R. C. M. 1921; Majority of Votes, Highest Write-in Candi-
amd. Sec. 1, Ch. 133, L. 1923; amd. Sec. 1, date Held Elected
Ch. 125, L. 1927; amd. Sec. 1, Ch. 27, L.
1945; amd. Sec. 4, Ch. 194, L. 1967.
Resignation of Successful Write-in Can
Where a candidate for re-election to a
county office died 24 days before election,
his death known generally to electors, but
^,-^VV!f^wr""-i^M ouv-v-caaxui yy iiuc-iii v^aii- j^j^ na^e placcd on ballot and majority
didate Who Filed Too Late Does Not ,.„^„^ j;„_ i.;™ „ ;.,„ *„ ..^4.^:.. i.:_
Create Vacancy
voted for him supposing to retain his
widow, appointed to fill the vacancy, un-
Where a successful write-in candidate til the next general election, a write-in
at a nominating election failed to file his candidate whom they intended to defeat,
acceptance within ten days after election receiving the highest vote cast for any liv-
day, his subsequent resignation did not ing person, held, on his application for
result in a vacancy Avhich the county writ of mandate to compel the county
central committee of his party could fill canvassing board to reconvene and cause
under section 23-929. State ex rel. Wilkin- certificate of election issued to him, that
son v. McGrath, 111 M 102, IOC P 2d 186. write-in candidate elected and entitled to
the office. State ex rel. Wolff v. Geurkiuk,
227
23-911
ELECTIONS
111 M 417, 426, 109 P 2d 1094, 133 ALR
304.
Write-in Candidates Must File Within
Ten Days after "Election" Day
Construing this section as to when a
write-in candidate must file written ac-
ceptance, held, that the term "election"
means the day of election and not the
day on Avhich the canvass of the ballots
was completed, hence a candidate for
house of representatives who filed accept-
ance 18 days after election was not enti-
tled to a writ of mandate to compel the
county clerk to include his name on the
general election official ballot. State ex rel.
Wulf V. McGrath, 111 M 96, 97, 106 P
2d 183.
References
Wilkinson v. La Combe, 59 M 518, 520,
197 P 830; State ex rel. Mills v. Stewart,
64 M 453, 464, 210 P 465; State ex rel.
McHale v, Ayers, 111 M 1, 4, 105 P 2d
686; Herweg v. Thirty Ninth Legislative
Assembly of State of Montana, 246 F
Supp 454.
Collateral References
Electionse=126 (4).
29 C.J.S. Elections §§ 114, 115.
25 Am. Jur. 2d 862, Elections, § 168.
Right of signer of petition or remon-
strance to withdraw therefrom or revoke
withdrawal, and time therefor. 27 ALR
2d 604.
23-911. (641) Form of petition for nomination. The petition for nom-
ination required by the preceding section shall be substantially in the
following form :
To (name and title of ofificer 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 post-office
address is I am a candidate of the party
for the nomination for the office of at the primary nominat-
ing election to be lield 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 Avill 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).
Signature of Candidate for Nomination.
Every such petition shall be signed as above by the elector seeking
such nomination.
History: En. Sec. 10, Initiative Meas-
ure Nov. 1912; re-en. Sec. 641, R. C. M.
1921; amd. Sec. 1, Ch. 133, L. 1923; amd.
Sec. 1, Ch. 6, L. 1953.
References
Wilkinson v. La Combe, 59 M 518, 520,
197 P 836; State ox rel. Mills v. Stewart,
64 M 453, 464, 210 P 465; Mulholland v.
Ayers, 109 M 558, 565, 99 P 2d 234.
Collateral References
Elcctions<S='126 (1).
29 C.J.S. Elections §§ 114, 115.
23-912. ((J44) Time for filing petitions for nominations. All petitions
for iioniination under this act fur oflices to be filled by the state at large
or by any district consisting of more than one (1) county, and nominating
228
PARTY NOMINATIONS — THE DIRECT PRIMARY 23-914
petitions for judges of district courts in districts consisting of a single
county, shall be filed in tlio office of the secretary of state not later than
five (5) o'clock p. m. on any day not less than forty (40) days before the
date of the primary nominating election; and for other offices to be voted
for in only one (1) county, or district or city, every such petition shall be
filed with the county clerk or city clerk as the case may be, not later than
five (5) o'clock p. m. on any day not less than forty (40) days before the
date of the primary nominating election.
History: En. Sec. 13, Initiative Measure State ex rel. Bcvan v. Mouutjoy, 82 M
Nov. 1912; re-en. Sec. 644, R. C. M. 1S21; 594, 2G8 P 558.
amd. Sec. 2, Ch. 133, L. 1923; amd. Sec.
1, Ch. 19, L. 1955; amd. Sec. 1, Ch. 38, L. References
1961. Wilkinson v. La Combe, 59 M 518, 520,
197 P 836; State ex rel. Mills v. Stewart,
Computation of Time q^ ^I 453^ 454^ 210 P 465.
Under section 90-407, the time in which
an act is to be done must be computed Collateral References
by excluding the first day and including Elections<S='145.
the last, the day on which the act is to 29 C.J.S. Elections § 137.
be done. State ex rel. Burns v. Lacklen, 25 Am. Jur. 2d 8G2, Elections, § 168.
129 M 243, 284 P 2d 998, 10U2, overruling
23-913. (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 thereon
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 nomina-
tion signed by the candidate ; and such other information as may aid him
in arranging his official ballot for said primary nominating election.
Immediately after the canvass of votes cast at a primary nominating election
is completed, the county clerk, secretary of state or city clerk, as the
case may be, shall enter in his book marked "Register of Nominations,"
the date of such entry, the name of each candidate nominated, the office
for which he is nominated, and the name of the party making the nomina-
tion.
History: En. Sec. 14, Initiative Meas- References
ure Nov. 1912; re-en. Sec. 645, R. C. M. Wilkinson v. La Combe, 59 M 518, 520,
1921; amd. Sec. 1, Ch. 133, L. 1923; amd. 197 P 836; State ex rel. Mills v. Stewart,
Sec. 2, Ch. 6, L. 1953. 64 M 453, 464, 210 P 465.
23-914. (646) Register of candidates is public record — disposition of
poUbooks, tally sheets, ballots, etc. Such registers of candidates for nomi-
nation, 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 certi-
fied, the officers with whom such writing was filed shall forthwith compare
such copy with the original on file, and, if necessary, correct the copy and
certify and deliver the copy to the person who presented it on payment of
229
23-915 ELECTIONS
his laAvful fees therefor. All such writings, pollbooks, tally sheets, ballots,
and ballot stubs pertaining to primary nominating elections under the provi-
sions of this act shall be preserved as other records are for one (1) year
after the election to which they pertain, at which time, unless otherwise
ordered or restrained by some court, the county clerk shall destroy the
ballots and ballot stubs, by fire, without anyone inspecting the same.
History: En, Sec. 15, Initiative Meas- 197 P 836; State ex rel. Mills v. Stewart,
ure Nov. 1912; re-en. Sec. 646, B. C. M. 64 M 453, 464, 210 P 465.
1921; amd. Sec. 1, Ch. 75, L. 1949. Collateral References
References Electionse='126 (4), (5), (7).
Wilkinson v. La Combe, 59 M 518, 520, 29 C.J.S. Elections §§ 114, 115, 118, 119.
23-915. (647) Vacancies in nominations, how filled. The provisions of
sections 23-810 and 23-811 shall apply to nominations, or petitions for nom-
inations, 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 dis-
trict 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 vacan-
cies substantially in the manner provided by said sections 23-810 and 23-811.
History: En. Sec. 16, Initiative Meas- M 376, 177 P 248, distinguished in 116
ure Nov. 1912; re-en. Sec. 647, R. C. M. M 283, 291, 149 P 2d 913.
1921.
References
Special Election Wilkinson v. La Combe, 59 M 518, 520,
Neitlier this section nor section 32 of 197 P 836; State ex rel. Mills v. Stewart,
the Primary Election Law (23-929) em- 64 M 453, 464, 210 P 465.
powers a county central committee to r* ^^ *■ ^ t> f
make an original nomination of a candi- Collateral References
date to an office to be filled at a special Elections<S='146, 147.
election, the officer-elect having died soon 29 C.J.S. Elections §§ 93-95.
after election and before induction into 25 Am. Jur. 2d 825, Elections, § 137.
office. State ex rel. Smith v. Duncan, 55
23-916. (G48) Arrangement and notice of nominations. Not more than
forty days and not less than twenty-five days before the day fixed by law
for the primary nominating election the secretary of state shall arrange, in
the manner provided by this law, for the arrangement of the names and
other information upon the ballots, all the names of and information con-
cerning all the candidates for nomination contained in the valid petitions
for nomination which have been filed with him in accordance with the pro-
visions of this law, and he shall forthwith certify the same under the seal of
the state, and file the same in his oflSce, 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.
History: En. Sec. 17, Initiative Meas- 197 P 830; State ex rel. Mills v. Stewart,
ure Nov. 1912; re-en. Sec. 648, R. C. M. 64 M 453, 404, 210 P 465; State ex rel.
1921; amd. Sec. 1, Ch. 12, L. 1925. Bevan v. Mouutjoy, 82 M 594, 597, 208
P 558.
References
Wilkinson v. La Combe, 59 M 518, 520,
230
PARTY NOMINATIONS — THE DIRECT i^klMARY 23-919
23-917. (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 provisions of this
law, shall arrange in the manner provided by this law for the arrangement
of the names and other information concerning all the candidates and par-
ties named in the valid petitions for nomination which have been fded with
him and those which have been certified to him by the secretary of state, in
accordance with the provisions of this law; and he shall forthwith certify
the same under the official seal of his office, and file the same in his office,
and make and post a duplicate thereof in a conspicuous place in his office,
and keep the same posted until after the primary nominating election has
taken place; and he shall forthwith proceed and cause to be printed, ac-
cording to law, the colored sample ballots and the official ballots required
by this law.
History; En. Sec. 18, Initiative Meas- 197 P 836; State ex rel. Mills v. Stewart,
lire Nov. 1912; re-en. Sec. 649, R. C. M. 64 M 453, 464, 210 P 465.
1921; amd. Sec. 2, Ch. 12, L. 1925.
Collateral References
References Elections<S=5l26 (5).
Wilkinson v. La Combe, 59 M 518, 520, 29 C.J.S. Elections § 118.
23-918. (650) Supplies printed and furnished by county. All blanks,
ballots, pollbooks 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.
History: En. Sec. 19, Initiative Meas- 197 P 836; State ex rel. Mills v. Stewart,
ure Nov. 1912; re-en. Sec. 650, R. C. M. 64 M 453, 464, 210 P 465.
1921; amd. Sec. 1, Ch. 34, L. 1945.
Collateral References
References Elections<S='126 (5), (6).
Wilkinson v. La Combe, 59 M 518, 520, 29 C.J.S. Elections § 118.
23-919. (651) Ballots, how arranged, printed and voted. (1) 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 se-
curely fastened together at the top and folded, provided that there shall be
as many separate tickets as there are parties entitled to participate in said
primary election.
(2) The names of all candidates shall be arranged alphabetically ac-
cording to surnames, under the appropriate title of the respective officers,
and under the proper party designation upon the party ticket, except as
hereinafter provided. When two or more persons are candidates for nom-
ination 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 :
(3) 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 nom-
231
23-919 ELECTIONS
ination or election to any oflBee, and be shall so arrange said sets that the
names of the candidates shall, beginning with a form arranged in alpha-
betical 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 num-
ber at the bottom of the list for each successive set of ballot forms; pro-
vided, however, that no more than one of said sets shall be used in printing
the ballots for use in any one precinct, and that all ballots furnished for use
in any precinct shall be of one form and identical in every respect. If any
elector write upon his ticket the name of any person who is a candidate for
the same office upon some other ticket than that upon which his name is
so written this ballot shall be counted for such person only as a candidate
of the party upon whose ticket his name is written, and in no case shall be
counted for such person as a candidate upon any other ticket. In case any
person is nominated as provided in this act, upon more than one ticket,
he shall within ten (10) days after such election file with the secretary
of state, county clerk or city clerk, a written document indicating the
party designation under which his name is to be printed on the official
ballot for the general election, failing in which, his name shall be printed
upon the party ticket for which his nominating petition shall have been first
filed, and no candidate shall have his name printed on more than one ticket;
provided, however, that in the event a candidate whose name has been
printed upon the party ticket for which his nominating petition shall have
been first filed shall fail of nomination upon the ticket upon which his name
is so printed, his name shall not be printed upon any ballot under any
party designation; and provided further that nothing in this act shall
preclude any elector from having his name printed upon the ballot as an
independent candidate.
(4) The ballots with the endorsements 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 to-
gether shall be folded in like manner by the elector who shall thereupon,
without leaving the polling place, vote the marked ballot forthwith, and
deposit the remaining tickets in the separate ballot box to be marked and
designated as the blank ballot box. Immediately after the canvass, the
judges of election shall, without examination, destroy the tickets deposited
in the blank ballot box.
History: En. Sec. 20, Initiative Meas- Collateral References
ure Nov. 1912; re-en. Sec. 651, R. C, M, Elections<S=5l26 (5), (6).
1921; amd. Sec. 1, Ch. 133, L, 1923; amd. 29 CJ.S, Elections 8 118,
Sec, 1, Ch, 14, L. 1927; amd. Sec. 1, Ch.
67, L. 1929. Constitutionality of statute relating to
election ballots as regards place or num-
References Ijcr of appearances on the ballots of names
Wilkinson v. La Combe, 59 M 518, 520, of candidates. 78 ALE 398.
11)7 P 836; State ex rel. Mills v. Stewart, Name or form of name to be used in
64 M 453, 464, 210 P 465; State ex rel. designating candidate on election ballot.
McHale v. Ayers, 111 M 1, 4, 105 P 2d 93 ALE 911.
686; State ex rel, Wulf v, McGrath, 111
M 96, 98, 106 P 2d 183,
232
PARTY NOMINATIONS — THE DIRECT PRIMARY 23-921
23-920. (652) Oflacial and sample ballots— preparation and number.
There sliall be printed and furui.slied for eueJi election precinct u number of
ballots equal to the number of voters registered in such voting precinct and
entitled to vote as such primary nominating election.
If any political party shall desire sample ballots its political committee
may order the same from the county clerk or city clerk who sliall collect
from such committee an amount sufficient to pay the co.st of printing such
sample ballots, and such sample ballots after being printed, shall, on the
written order of the clerk, be delivered to the committee ordering the .same,
but no such sample ballot shall be printed except on the order of the county
or city clerk. The sample ballots shall be duplicate impressions of the
official ballots to be voted, but in no case shall they be white, nor shall said
sample ballots have perforated stubs, nor shall they have the same margin
either at the top or sides or bottom as the official ballots have, or nearer
thereto than twelve points, and the names of the candidates on the tickets
composing the same shall not be rotated as required for the official ballots,
but shall be impressions of the tickets belonging to lot 1 of each party.
History: En. Sec. 21, Initiative Meas- Collateral References
ure Nov. 1912; re-en. Sec. 652, R. C. M. EIectionsO=>126 (5).
1921; amd. Sec. 1, Ch. 133, L. 1923. 09 c.j.S. Elections § 118.
References ^^ ^™- J"'"- ^d 82, Elections, § 254.
Wilkinson v. La Combe, 59 M 518, 520,
197 P 836; State ex rel. Mills v. Stewart,
64 M 453, 464, 210 P 465.
23-921. (654) Canvass of returns. (1) On the third day after the
close of any primary nominating election, or sooner if all the returns be re-
ceived, 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 political par-
ties, 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 prac-
ticable, shall proceed to open said returns and make abstracts of the votes.
Such abstracts of votes for nominations for governor and for senator in
Congress shall be on one separate sheet for each political party, and shall be
immediately transmitted to the secretary of state in like manner as other
election returns are transmitted to him. Such abstract of votes for nomina-
tion of each party for lieutenant governor, secretary of state, attorney gen-
eral, state auditor, superintendent of public instruction, railroad com-
missioners, clerk of the supreme court, state treasurer, justices of the
supreme court, members of Congress, judges of the district court, and mem-
bers of the legislative assembly, 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.
(2) The abstract of votes for county and precinct offices shall be on
another sheet separately for each political party ; and it shall be the duty of
said clerk immediately to certify the nomination for each party and enter
upon his register of nominations the name of each of the persons having
the highest number of votes for nomination as candidates for county, and
precinct offices, respectively, and to notify by mail each person who is so
233
23-922 ELECTIONS
nominated; provided, that when a tie shall exist between two or more per-
sons for the same nomination by reason of said two or more persons having
an equal and the highest number of votes for nomination by one party to
one and the same office, the county clerk shall give notice to the several
persons so having the highest and equal number of votes to attend at his
office at a time to be appointed by said clerk, who shall then and there
proceed publicly to decide by lot which of the persons so having an equal
number of votes shall be declared nominated by his party ; and said clerk
shall forthwith enter upon his register of nominations the name of the per-
sons thus duly nominated, in like manner as though he had received the
highest number of the votes of his party for that nomination; and it shall
be the duty of the county clerk of every county, on receipt of the returns
of any general primary nominating election, to make out his certificate
stating therein the compensation to which the judges and clerks of election
may be entitled for their services, and lay the same before the county board
of county commissioners at its next term, and the said board shall order the
compensation aforesaid to be paid out of the county treasury. In all primary
nominating elections in this state, under the provisions of this law, the
person having the highest number of votes for nomination to any office
shall be deemed to have been nominated by his political party for that office.
History: En. Sec. 23, Initiative Meas- 64 M 453, 464, 210 P 465; State ex rel.
nre Nov. 1912; re-en. Sec. 654, R. C. M. Wulf v. McGrath, 111 M 96, 98, 106 P
1921; amd. Sec. 1, Ch. 181, L. 1937; amd. 2d 183.
■ ' ■ ' * ' Collateral References
References Elections<S=126 (7).
Wilkinson v. La Combe, 59 M 518, 520, 29 C.J.S. Elections § 119.
197 P 836; State ex rel. Mills v. Stewart, 26 Am. Jur. 2d 122, Elections, § 298.
23-922. (655) Duties of county clerk after canvass of vote — state can-
vass. The county clerk, immediately after making the abstracts of votes
given in his county shall make a copy of each of said abstracts and trans-
mit it by mail to the secretary of state, at the seat of government; and it
shall be the duty of the secretary of state, in the presence of the governor
and the state treasurer, to proceed within fifteen days after the primary
nominating election, and sooner, if all returns be received, to canvass the
votes given for 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, judges
of the district court, senators and representatives, and all other officers to
be voted for by the people of the state, or of any district comprising more
than one county ; and the governor shall grant a certificate of nomination to
the person having the highest number of votes for each office, and shall issue
a proclamation declaring the nomination of each person by his party. In
case there shall be no choice for nomination for any office by reason of
any two or more persons having an equal and the highest number of votes
of his party for nomination for either of said offices, the secretary of
state shall immediately give notice to the several persons so having the
highest and equal number of votes to attend at his office, either in person
or by attorney, at a time to be appointed by said secretary, who shall
234
PARTY NOMINATIONS — THE DIRECT PRIMARY 23-924
then and there proceed to publicly decide by lot which of said persons
so having an equal number of votes shall be declared duly nominated by his
party; and tlie governor shall issue his proclamation declaring the nomina-
tion of such person or persons, as above provided.
History: En. Sec. 24, Initiative Meas- 6i M 453, 4G4, 210 P 465; Ilcrweg v.
ure Nov. 1912; re-en. Sec. 655, R. C. M. Thirty Ninth Legislative Assembly of
1921. State of Montana, 246 F Supp 454.
References Collateral References
Wilkinson v. La Combe, 59 M 518, 520, Elections<&=126 (7), 138.
197 P 836; State ex reh Mills v. Stewart, 29 C.J.S. Elections §§ 119, 135.
23-923. (656) Error in ballot or count. Whenever it shall appear by
affidavit to the district court or judge thereof, or to the supreme court or
judge thereof, that an error or omission has occurred or is about to occur in
the printing of the name of any candidate or other matter on the official pri-
mary nominating election ballots or that any error has been or is about
to be committed in the printing of the ballots, or that the name of any
person or any other matter has been or is about to be wrongfully placed
upon such ballots, or that any wrongful act has been performed by any
judge or clerk of the primary election, county clerk, canvassing board or
member thereof, or by any person charged with a duty under this act, or
that any neglect of duty by any of the persons aforesaid has occurred or is
about to occur, such court or judge shall by order require the officer or
person or persons charged with the error, wrongful act, or neglect, to forth-
with 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, with-
out derogation to any other right or remedy, be entitled to pray for a
mandamus in the district court of appropriate jurisdiction, and any pro-
ceedings under the provisions of this law shall be immediately heard and
decided.
History: En. Sec. 25, Initiative Meas- Collateral References
ure Nov. 1912; re-en. Sec. 656, R. C. M. Contempt<3=20; Election 3®='126 (5);
1921. Mandamus<S=>74 (1).
17 C.J.S. Contempt §12; 29 C.J.S. Elec-
Keierences ^^^^^ g j-^g. 55 (, j g Mandamus § 142.
Wilkinson v. La Combe, 59 M 518, 520, 26 Am. Jur. 2d 125, Elections, 8 302.
197 P 36; State ex rel. Mills v. Stewart,
64 M 453, 464, 210 P 465.
23-924. (657) Secretary of state may send for returns. If the returns
and abstracts of the primary nominating election of any county in the state
shall not be received at the office of the secretary of state within twelve days
after said election, the secretary of state shall forthwith send a messenger
to the county board of such county, whose duty it shall be to furnish said
messenger with a copy of said returns, and the said messenger shall be
paid out of the county treasury of such county the sum of twenty cents for
each mile he shall necessarily travel in going to and returning from said
county. The county clerk, whenever it shall be necessary for him to do
235
23-925 ELECTIONS
so in order to send said returns and abstracts within the time above limited,
may send the same b}' telegraph, the message to be repeated, and the county
shall pay the expense of such telegram.
History: En. Sec. 26, Initiative Meas- 197 P 836; State ex rel. Mills v. Stewart,
ure Nov. 1912; re-en. Sec. 657, R. C. M. 64 M 453, 464, 210 P 465.
''^'- collateral References
References Elections<S='126 (7).
Wilkinsou v. La Combe, 59 M 518, 520, 29 C.J.S. Elections § 119.
23-925. (658) Penalty for oflacial 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 willful 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.
History: En. Sec. 27, Initiative Meas- 197 P 836; State ex rel. Mills v. Stewart,
ure Nov. 1912; re-en. Sec. 658, R. C. M. 64 M 453, 464, 210 P 465.
1921.
Collateral References
References Elections©='314.
Wilkinson v. La Combe, 59 M 518, 520, 29 C.J.S. Elections § 327.
23-926. (659) Notice of contest. Any person wishing to contest the
nomination 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 contested
stating the cause of such contest briefly, within five days from the time said
person shall claim to have been nominated.
History: En. Sec. 28, Initiative Meas- 197 P 836; State ex rel. Mills v. Stewart,
ure Nov. 1912; re-en. Sec. 659, R. C. M. 64 M 453, 464, 210 P 465; State ex rel.
1921. Stone v. District Court, 103 M 515, 518,
63 P 2d 147; State ex rel. Wulf v. McGrath,
Cross-Reference m m gg^ gg^ io6 P 2d 183.
Application of Montana Rules of Civil
Procedure to contest of nomination, see Collateral References
M. R. Civ. P., Rule 81(a), Table A. Elections'S=>151.
29 C.J.S. Elections §§ 123, 124, 141, 142.
References 26 Am. Jur. 2d 153, Elections, § 332.
Wilkinson v. La Combe, 59 M 518, 520,
23-927. (660) Service of notice — contest — how heard. Said notice
shall be served in the same manner as a summons issued out of the district
court three days before any hearing upon such contest as herein provided
shall take place, and shall state the time and place that such hearing shall
be had. Upon the return of said notice served to the clerk of the court he
shall thereupon enter the same upon his issue docket as an appeal case,
and the same shall be heard forthwith by the district court ; provided,
that if the case caimot be determined by the district court in term time,
within fifteen days after the termination of such primary nominating elec-
tion, the judge of the district court may hear and determine the same at
chambers forthwith, and shall make all necessary orders for the trial of
236
PARTY NOMINATIONS — THE DIRECT PRIMARY 23-929
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 ease 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.
History: En. Sec. 29, Initiative Meas- Collateral References
lire Nov. 1912; re-en. Sec. 660, R. C. M. Election8<3='151, 154 (1).
1321. 29 C.J.S. Elections §§ 123, 124, 141, 142,
NOTE.— Section 30 of this act is omit- 148.
ted from this code in conformity with 26 Am. Jur. 2d 154, Elections, § 333.
the decision of the supreme court in Wil-
kinson V. La Combe, 59 M 518, 520, 197 State court jurisdiction over contest in-
p 336. volving primary election for member of
Congress. 68 ALR 2d 1320.
References
State ex rel. Mills v. Stewart, 64 M 453,
464, 210 P 465.
23-928. (661) Contest — how tried ajid decided. Each party to such
contest shall be entitled to subpoenas, and subpoenas duces tecum, as in
ordinary cases of law; and the court shall hear and determine the same
without the intervention of a jury, in such manner as shall carry into effect
the expressed will of a majority of the legal voters of the political party, as
indicated by their votes for such nominations, not regarding technicalities
or errors in spelling the name of any candidate for such nomination; and
the county clerk shall issue a certificate to the person declared to be duly
nominated by said court, which shall be conclusive evidence of the right of
said person to hold said nomination; provided, that the judgment or de-
cision of the district court in term time, or a decision of the judge thereof
in vacation, as the case may be, may be removed to the supreme court in
such manner as may be provided for removing such causes from the district
court to the supreme court.
History: En. Sec. 31, Initiative Meas- Collateral References
ure Nov. 1912; re-en. Sec. 661, R. C. M. Elections<S=»154 (1-13).
1921. 29 C.J.S. Elections §§ 120-129, 148.
References Violation of law as regards time for
Wilkinson v. La Combe, 59 M 518, 520, keeping polls open as affecting election
197 P 836; State ex rel. Mills v. Stewart, results. 66 ALR 1159.
64 M 453, 464, 210 P 465. Costs or reimbursement for expenses in-
cident to election contests. 106 ALR 928.
23-929. (662) County and city central committeemen, how elected.
(1) There shall be elected by each political party subject to the provisions
of this act, at said primary nominating election, two (2) committeemen,
one (1) of which shall be a man and one (1) of which shall be a woman, for
each election precinct, who shall be residents of such precincts. Any elector
may be placed in nomination for committeeman and committeewoman 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 and committeewomen of each political party
shall be printed on the ticket of the same in the same manner as other
237
23-929 ELECTIONS
candidates and the voter shall express his choice among them in like man-
ner as for such other candidates.
(2) The committeemen and committeewomen thus elected shall be the
representatives of their political party in and for such precinct in all ward
or subdivision committees that may be formed. The committeemen and
committeewomen elected in each precinct in each county shall constitute the
county central committee of each of said respective political parties. Those
committeemen and committeewomen who reside within the limits of any
incorporated city or town shall constitute ex officio the city central com-
mittee of each of said respective political parties and shall have the same
power and jurisdiction as to the business of their several parties in such city
matters that the county committee have in county matters, save only the
power to fill vacancies in said committee, which power is vested in the
county central committee. Each committeeman and committeewoman shall
hold such position for the term of two (2) years from the date of the first
meeting of said committee immediately following their election.
(3) In case of a vacancy happening, on account of death, resignation,
removal from the precinct, or otherwise, the remaining members of said
county committee may select a committeeman or committeewoman to
fill the vacancy and he shall be a resident of the precinct in which the
vacancy occurs. 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 not inconsistent with the rules and regulations
of their state political parties, and to elect two (2) county members of
the state central committee, one (1) of which shall be a man and one (1)
of which shall be a woman, and the members of the congressional com-
mittee, 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. In the event there is no county
central committee in any county the state central committee of the po-
litical party having no county central committee in said county shall
appoint a county central committee therein to consist of committeemen
and committeewomen as herein provided and said county central com-
mittee shall have the same powers and duties as county central committee
elected, as now provided by law.
(4) Said county and city central committee shall have the power to
make nomination to fill vacancies occurring among the candidates of their
respective parties nominated for city or county offices by the primary
nominating election where such vacancy is caused by death, resignation
or removal from the electoral district, but not otherwise.
(5) Prior to the state convention of its political party said committee
shall meet, and shall organize by electing a chairman and one (1) or more
vice-chairmen, provided that either the chairman or first vice-chairman
shall be a woman. They shall also elect a secretary and such other officers
as they shall think proper. It shall not be necessary for such ofiS.cers to be
precinct committeemen or committeewomen. They may select managing
or executive committees and authorize such subcommittees to exercise any
238
PARTY NOMINATIONS — THE DIRECT PRIMARY 23-931
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 four (4) 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.
(6) The county chairman of the party shall preside at the county con-
vention. No person other than a duly elected or appointed committeeman,
comraitteewoman, or officer of the committee shall be entitled to participate
in the proceedings of the committee. No proxy shall be recognized unless
held by an elector of the precinct of the committeeman or committee-
woman executing the same. In case of the absence of any committeeman or
committeewoman and his or her duly appointed proxy, the convention may
fill the vacancy by appointing some qualified elector of the party, resident
in the precinct, to represent such precinct in the convention.
(7) The county convention shall elect delegates and alternate dele-
gates to attend the state convention under the rules and regulations of
the state party. The chairman and secretary of the county convention
shall issue and sign certificates of election of said delegates.
History: En. Sec. 32, Initiative Meas- Resignation of Successful Write-in Can-
ure Nov. 1912; re-en. Sec. 662, R. C. M. didate Who Filed Too Late Does Not
1921; amd. Sec. 1, Ch. 98, L. 1927; amd. Create Vacancy
?®^^ ^'.oo' 34, L. 1929; amd Sec. 1, Ch. ^here a successful write-in candidate at
6, L. 1933; amd. Sec. l.Ch. 84, L. 1939; ^ nominating election failed to file his
«?^ ;.^®*^; ^',3; ^*' i' i^^ ', ^«u o,o^*x' acceptance within ten days after election
?n;«^^' ^'c ^l' «? ;J®^' ,'«£ ' <iay, his subsequent resignation did not
1959; amd. Sec. 7, Ch. 156, L. 1965. j-gg^it j^ a vacancy which the county
-_ . ., _ _,,, _ , ^„ central committee of his party could fill
Nomination To Fill Vacancy In Office ,,,,^^j. t^is section. State ex rel. Wilkinson
Neither this section nor section 16 of v. McGrath, 111 M 102, 106 P 2d 186.
the Primary Election Law (23-915) em-
powers a county central committee to References
make an original nomination of a candi- Wilkinson v. La Combe, 59 M 518, 520,
date to an office to be filled at a special 197 P 836; State ex rel. Mills v. Stewart,
election, the officer-elect having died soon 64 M 453, 464, 210 P 465.
after election and before induction into
office. State ex rel. Smith v. Duncan, 55 Collateral References
M 376, 177 P 248, distinguished in 116 Elections©=3l21 (1), (2).
M 283, 291, 149 P 2d 913. 29 C.J.S. Elections §§ 83, 84, 86-88.
25 Am. Jur. 2d 808, Elections, § 123.
23-930. (663) Repealed— Chapter 156, Laws of 1965.
Repeal lection and terms of national committee-
This section (Sec. 1, Ch. 1, Ex. L. 1921; men was repealed by Sec. 11, Ch. 156,
Sec. 1, Ch. 159, L. 1925), relating to se- Laws 1965.
23-931. (665) Penalty for violation of law. If any candidate for nomi-
nation shall be guilty of any wrongful or unlawful act or acts at a primary
nominating election which would be sufficient, if such wrongful or unlaw-
ful act or acts had been done by such candidate at the regular general elec-
tion, to cause his removal from office, he shall, upon conviction thereof, be
removed from office in like manner as though such wrongful or unlawful
239
23-932 ELECTIONS
act or acts had been committed at a regular general election, notwithstand-
ing that he may have been regularly elected and shall not have been guilty
of any wrongful or unlawful act at the election at which he shall have been
elected to his office.
History: En. Sec. 33, Initiative Meas- 197 P 836; State ex rel. Mills v. Stewart,
ure Nov. 1912; re-en. Sec. 665, R. C. M. 64 M 453, 464, 210 P 465.
1921.
Collateral References
References Of!icers<&=»66.
Wilkinson v. La Combe, 59 M 518, 520, 67 C.J.S. Officers § 60.
23-932. (666) Repealed— Chapter 156, Laws of 1965.
Repeal Sec. 1, Ch. 8, L. 1953), relating to the
This section (Sec. 34 Initiative Meas- formulation of state party platforms, was
ure Nov. 1912; Sec. 666, R. C. M. 1921; repealed by Sec. 11, Ch. 156, Laws 1965.
23-933. (667) Penalty for bribery, etc. Any person who shall offer, or
with knowledge of the same permit any person to offer for his benefit, any
bribe to a voter to induce him to sign any nomination paper, and any person
who shall accept any such bribe or promise of gain of any kind in the nature
of a bribe as consideration for signing the same, whether such bribe or
promise of gain in the nature of a bribe be offered or accepted 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 imprisonment in the county jail of
not less than ten days nor more than six months.
History: En. Sec. 35, Initiative Meas- Treating of voters by candidate for of-
ure Nov. 1912; re-en. Sec. 667, R. C. M. fice as violation of corrupt practices or
1921. similar acts. 2 ALR 402.
Constitutionality of Corrupt Practices
Cross-Reference Acts. 69 ALR 377.
Bribery at elections, penalty, sec. 94- Construction of statute prohibiting so-
1423. licitation or acceptance of contributions or
subscriptions by public officer or employee.
References 85 ALR 1146.
Wilkinson v. La Combe, 59 M 518, 520, Statements by candidates regarding sala-
197 P 836; State ex rel. Mills v. Stewart, ries or fees of office as violation of Corrupt
64 M 453, 464, 210 P 465. Practices Acts or bribery. 100 ALR 493.
Collateral References
Construction and application of provi-
sions of Corrupt Practices Act regarding
Elections€^316. contributions by corporations. 125 ALR
29 C.J.S. Elections § 343. 1029.
26 Am. Jur. 2d 111, Elections, § 287.
23-934. (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,
sJiall apply in such case with equal force, and to the same extent as though
fully set forth in this act.
240
POLITICAL PARTIES 23-1001
History: En. Sec. 36, Initiative Meas- 197 P 836; State ex rel. Mills v. Stewart,
ure Nov. 1912; re-en. Sec. 668, R. 0. M. 64 M 453, 4C4, 210 P 465.
1921.
Collateral References
References Elections<S=309 et seq.
Wilkinson v. La Combe, 59 M 518, 520, 29 C.J.S. Elections §§ 324, 334.
23-935. (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 accordingly.
Any person who, being in possession of nomination papers entitled to be
filed under this act, or any act of the legislature, shall wrongfully either
suppress, neglect or fail to cause the same to be filed at the proper time in
the proper office, shall, on conviction, be punished by imprisonment in the
county jail not to exceed six months, or by a fine not to exceed one thousand
dollars, or by both such fine and imprisonment in the discretion of the court.
History: En. Sec. 37, Initiative Meas- References
ure Nov. 1912; re-en. Sec. 669, R. C. M. Wilkinson v. La Combe, 59 M 518, 520,
1921. 197 p 836; State ex rel. Mills v. Stewart,
Cross-Reference ^4 M 453, 464, 210 P 465.
False nomination certificate, penalty, sec. Collateral References
94-1412. Elections<S=5309; Forgery<S=»7 (1).
29 C.J.S. Elections §§ 324, 334; 37 C.J.S.
Forgery, §§ 18, 20.
23-936. (670) General laws applicable to this enactment. The pro-
visions of the laws of this state now in force in relation to the holding of
elections, the solicitation of voters at the polls, the challenging of voters,
the manner of conducting elections, of counting the ballots and making
return thereof, the appointment and compensation of officers of election, and
all other kindred subjects, shall apply to all primaries, in so far as they are
consistent with this act, the intent of this act being to place the primary
under the regulation and protection of the laws now in force as to elections.
History: En. Sec. 38, Initiative Meas- 64 M 453, 464, 210 P 465; Thompson v.
ure Nov. 1912; re-en. Sec. 670, R. C. M. Chapin, 64 M 376, 383, 209 P 1060.
1921.
Collateral References
References Elections®=5l26 (1-7).
Wilkinson v. La Combe, 59 M 518, 520, 29 C.J.S. Elections §§ 111-119, 130-134.
197 P 836; State ex rel. Mills v. Stewart,
CHAPTER 10
POLITICAL PAETIES
Section 23-1001. Political party defined.
23-1002 to 23-1007. Repealed.
23-1008. Payment of convention expenses.
23-1009. Political parties — authority and power.
23-1001. (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.
History: En. Sec. 1, Ch. 126, L. 1927. 29 C.J.S. Elections § 84.
collateral References '' ^"^^ ''''■ '^ '''' ^''''''^'' § '''■
Elections®=>121 (1).
241
23-1002 ELECTIONS
DECISIONS UNDER FORMER LAW
Construction inonized, and under that rule held that
Where the legislature at the same ses- ti'.apter 7, Laws of 1927 (23-909, prior to
sion passes two statutes relating to the 1955 nmendmeut), and chapter 126, Laws
same subject matter, it may not be pre- of 1927 (23-1001 et scq.) providing for a
sumed that by enacting the second, with- method of electing prusidential clcctois,
out making reference to the first, it in- etc., are not in irreconcilable conflict,
tended to limit the scope of the first, but State ex rel. Foster v. Mountjoy, 83 M 162,
the two must be read together and har- 166, 271 P -446.
23-1002. (673.2) Repealed— Chapter 156, Laws of 1965.
^^P^^l tive December 7, 1954); Sec. 4, Ch. 266,
This section (Sec. 2, Ch. 126, L. 1927; L. 1955), relating to the selection of presi-
Sec. 13, Ch. 214, L. 1953 (Keferendum dential electors and party officials, was
Measure adopted November 2, 1954, effec- repealed by Sec. 11, Ch. 156, Laws 1965.
23-1003 to 23-1005. (673.3 to 673.5) Repealed— Chapter 266, Laws of
1955.
Repeal county conventions, were repealed by Sec.
These sections (Sees. 3 to 5, Ch. 126, L. 8, Ch. 266, Laws 1955.
1927; See. 2, Ch. 64, L. 1951), relating to
23-1006, 23-1007. (673.6, 673.7) Repealed— Chapter 156, Laws of 1965.
Repeal
ccmber 7, 1954); Sees. 5, 6, Ch. 266, L.
These sections (Sees. 6, 7, Ch. 126, L. 1955; Sec. 3, Ch. 274, L. 1959), relating
1927; Sec. 1, Ch. 55, L. 1953; Sees. 14, 15, to state party conventions, were repealed
Ch. 214, L. 1953 (Referendum Measure by Sec. 11, Ch. 156, Laws 1965,
adopted November 2, 1954, effective De-
23-1008. (673.8) Payment of convention expenses. The entire ex-
pense of conducting the county and state conventions shall be defrayed
by the several political parties, except that each elected delegate or alter-
nate who shall attend any state convention which is held for the purpose
of nominating presidential electors and participate therein, shall receive
the sum of eight (8) cents per mile for each mile actually traveled by him
in going to and returning from said convention, said mileage to be com-
puted 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.
History: En. Sec. 8, Ch. 126, L. 1927; Collateral References
amd. Sec. 16, Ch. 214, L. 1953 (Referen- Counties<^153V,; Electionse=128.
dum Measure, adopted November 2, 1954 20 C..J.S. Couuti'es § 236; 29 C.J.S. Elec-
effective December 7, 1954) ; amd. Sec. 7, tions S 97 *> '
Ch. 266, L. 1955; amd. Sec. 8, Ch. 156, L. ^ *
1965.
23-1009. Political parties — authority and power. Each political party
shall have power to :
(a) Make its own rules and regulations ;
(b) Provide for and select its own officers ;
(c) Call conventions and provide for the number and qualifications
of delegates thereat ;
(d) Adopt platforms;
(e) Provide for selection of delegates to national conventions;
(f ) Provide for the nomination of presidential electors ;
(g) Provide for the selection of national committeemen and women;
242
BALLOTS, PREPARATION AND FORM 23-1102
(h) Make nominations to fill vacancies occurring among its candidates
nominated for ofilces to be filled by the state at large or by any district
consisting of more than one (1) county where such vacancies are caused
by death, resignation or removal from the electoral district;
(i) Perform all other functions inherent in such an organization.
History: En. Sec. 1, Ch. 156, L. 1965.
CHAPTER 11
BALLOTS, PREPAEATION AND FORM
Section 23-llUl. Ballots, liow printed and distributed.
23-1102. County clerk to provide printed ballots.
23-1103. Municipal clerk to act in municipal elections.
23-1104. Pasters to be printed and distributed where vacancy has been filled.
23-1105. Form, color and size of ballot.
23-1106. Names and party of candidates to be printed on ballot.
23-1107. Arrangement of names — rotation on ballot.
23-1108. Repealed.
23-1109. Columns and material to be printed on ballot.
23-1110. Words to be printed.
23-1111. Order of placement.
23-1112. Ballot to facilitate expression of voter's choice.
23-1113. Blank space and margin.
23-1114. Stub, size and contents.
23-1115. Uniformity of size and printing.
23-1116. County clerk to prepare ballot, when and how.
23-1117. Number of ballots to be provided for each precinct.
23-1101. (677) Ballots, how printed and distributed. All ballots cast
in elections for public officers within the state (except school district offi-
cers), must be printed and distributed at public expense as provided in
this chapter. The printing of ballots and cards of instruction for the
elections in each county, and the delivery of the same to the election
officers is a county charge, and the expense thereof must be paid in the same
manner as the payment of other county expenses, but the expense of printing
and delivering the ballots must, in the case of municipal elections, be a
charge upon the city or town in which such election is held.
History: En. Sec. 1, p. 135, L. 1889; Collateral References
re-en. Sec. 1350, Pol. C. 1895; re-en. Sec. Elections©=163.
541, Rev. C. 1907; re-en. Sec. 677, E. C. £9 C.J.S. Elections S 155.
M. 1921. Cal. Pol. 0. Sec. 1185.
23-1102. (678) County clerk to provide printed ballots. 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, includ-
ing 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 pro-
visions 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 23-1210. and when a ballot is so marked it must be counted the same
243
23-1103 ELECTIONS
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.
History: En. Sec. 1351, Pol. C. 1895; rington v. Crichton, 53 M 388, 391, 164
re-en. Sec. 542, Rev. C. 1907; re-en. Sec. P 537.
678, R. C. M. 1921; amd. Sec. 1, Ch, 203, -Ppferencf..?
L. 1937; amd. Sec. 1, Ch. 81, L. 1939. Cal. x»,cicn;iii,cs ^ ,
Pol C Sec 1196 ■'■" State ex rel. Brooks v. Fransham, 19
■ ■ ■ ■ M 273, 286, 48 P 1; Sawyer Stores, Inc. v.
Use of Uniform Ballot Required Mitchell, 103 M 148, 155, 62 P 2d 342.
By statute a uniform ballot has been
adopted, to be printed and distributed at Collateral References
public expense, and no others than those Elections<S='163, 172, 181, 216.
80 provided can be cast or counted. Har- 29 C.J.S. Elections §§ 155, 161, 180, 205.
23-1103. (679) Municipal clerk to act in municipal elections. In all
municipal elections the city clerk must perform all the duties prescribed for
county clerks in this chapter.
History: En. Sec. 1352, Pol. C. 1895; Collateral References
re-en. Sec. 543, Rev. C. 1907; re-en. Sec. Elections<S=»163.
679, R. C. M. 1921. 29 CJ.S. Elections § 155.
23-1104. (680) Pasters to be printed and distributed where va-cancy ha5
been filled. When any vacancy occurs before election day and after the
printing of the ballots, and any person is nominated according to the pro-
visions of this code to fill such vacancy, the oflSeer whose duty it is to have
the ballots printed and distributed must thereupon have printed a requi-
site number of pasters containing the name of the new nominee, and must
mail them by registered letter to the judges of election in the various
precincts interested in such election, and the judges of election, whose
duty it is made by the provisions of this chapter to distribute the ballots,
must aflBx 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.
History: En. Sec. 1353, Pol. C. 1895; Collateral References
re-en. Sec. 544, Rev. C. 1907; re-en. Sec. Elections<3=>182.
680, R. C. M. 1921. 29 C.J.S. Elections § 179.
References
State ex rel. Scharnikow v. Hogan, 24
M 397, 403, 62 P 683.
23-1105. (681) Form, color and size of ballot. Ballots for all general
elections prepared under the provisions of this chapter must be white in
color and of a good quality of paper and the names must be printed thereon
in black ink. The ballots used in any one county must be uniform in size, and
every ballot must contain the name of every candidate whose nomination
for any special office specified in the ballot has been certified or filed accord-
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 23-2101.
History: Ap. p. Sec. 17, p. 139, L. 1889; 2, Ch. 81, L. 1939; re-en. Sec. 1, Ch. 141,
amd. Sec. 1354, Pol. C. 1895; amd. Bee. L. 1947; amd. Sec. 1, Ch. 79, L. 1949. Cal.
1354, p. 117, L. 1901; amd. Sec. 2 Ch. 88, Pol. C. Sec. 1197.
L. 1907; re-en. Sec. 545, Rev. C. 1907; NOTE.— Sections 23-1105, 23-1113 to 23-
re-en. Sec. 681, R. C. M. 1921; amd. Sec. 1116 were originally part of section 545,
244
BALLOTS, PREPARATION AND FORM
23-1107
Eevised Codes, 1907, which has been di-
vided.
Cross-References
Constitutional amendments, separate bal-
lot prohibited, sec. 37-105.
Initiative and referendum, ballot, sec.
37-107.
Separate ballot for bonds and levies,
sec. 37-107.
Construction
The so-called antifusiou statute, con-
sisting of this section and sections 23-1113
to 23-1116, was not impliedly repealed by
the Primary Election Law of 1913, and
is not unconstitutional. State ex rel. Met-
calf V. Wileman, 49 M 436, 437, 143 P 5G5.
References
State ex rel. Brooks v. Fransham, 19 M
273, 286, 48 P 1; State ex rel. Riley v.
Weston, 31 M 218, 226, 78 P 487; Harring-
ton V. Crichton, 53 M 388, 391, 164 P 537.
CoDateral References
Elections<2=>166 et seq.
29 C.J.S. Elections § 156 et seq.
Constitutionality of statute relating to
election ballots as regards place or num-
ber of appearances on the ballots of names
of candidates. 78 ALR 398.
Name or form of name to be used in
designating candidate on election ballot.
93 ALR 911.
23-1106. Names and party of candidates to be printed on ballot. The
name of each candidate nominated shall be printed upon the ballot in but
one place and there shall be added after and directly opposite to the name
of each candidate nominated, the party or political designation contained in
the certificate of nomination of such candidate in not more than three (3)
words, except that the political designation of electors for president and
vice-president of the United States shall be opposite the whole list thereof,
and the names of candidates for chief justice, associate justices, and district
court judges shall each be followed by the following words directly under-
neath 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 v/hich 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 sliall fail or neglect to file such
an election no party designation shall be placed opposite his name.
History: En. Sec. 2, Snbd. A, Ch. 81, 1947; amd. Sec. 1, Subd. A, Ch. 79, L.
L. 1939; re-en. Sec. 1, Subd. A, Ch, 141, L. 1949.
23-1107. Arrang-ement of names — rotation on ballot. 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 inde-
pendent candidates. For the purpose of designating the candidates of the
two major parties, they shall be those candidates of the two parties whose
candidates for governor, excluding independent candidates, have been
either first or second, (by receiving the highest or next highest number of
votes cast for the office of governor at the particular election) the greatest
245
23-1108 ELECTIONS
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 candi-
dates or as belonging to minor parties. "When two or more persons are can-
didates 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 by the law for
the county, into sets so as to provide a substantial rotation of the names of
the respective candidates as follows :
He shall divide the whole number of ballot forms for the county into
sets equal in number to the greatest number of candidates for any office,
and he shall so arrange said sets that the names of the candidates shall,
beginning with a form arranged in alphabetical order, (for the purposes of
rotation of presidential and vice-presidential candidates, the office of presi-
dent and vice-president, together with presidential electors shall be con-
sidered 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 candidates shall
be rotated as another group so that the candidates of the two major parties
for a particular office shall appear on the ballot before and above any can-
didates of the minor parties or independent candidates.
History: En. Sec. 2, Subd. B, Ch. 81, L. 1947; amd. Sec. 1, Subd. B, Ch. 79, L.
1939; amd. Sec. 1, Subd. B, Ch. 141, L. 1949.
23-1108. Repealed— Chapter 194, Laws of 1967.
Repeal of legislative candidates, was repealed by
This section (Sec. 1, Ch. 170, L. 1939), Sec. 13, Ch. 194, Laws 1967.
relating to the placement on the ballot
23-1109. Columns and material to be printed on ballot. Each ballot
shall contain at the top the stub as provided by section 23-1114, and di-
rectly underneath the perforated line shall be the following words in
boldface type, "VOTE IN ALL COLUMNS." Each ballot shall contain
three (3) columns. Notwithstanding the example in section 23-1112, at the
head of the first column to the left shall be the words, "STATE AND NA-
TIONAL," in large boldface type, followed by a list of all candidates for
state and national offices, including supreme court justices, and district
court judges, and members of the legislative assembly, and such list shall
progressively continue on to the top of the second column. Following the
list of state and national candidates shall be the words "COUNTY AND
TOWNSHIP," in large boldface type and beneath such heading shall be
listed all candidates for county and township offices and such list shall
progressively continue on to the top of the third column. Following the list
246
BALLOTS, PREPARATION AND FORM 23-1111
of coimtv and township candidates shall be the words "INTTTATTVES,
REPERENDUMS, AND CONSTITUTIONAL AMENDMENTS," in hn-'^o
boldface type, and listed thereunder sliall 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. In
case there are no such measures to be submitted, the said heading entitled
"INITIATIVES, REFEKENDUMS, AND CONSTITUTIONAL AMEND-
MENTS," shall be eliminated. Every ballot shall be so printed that all
matter lieretofore required to be printed on each ballot shall be equally
apportioned among the three columns as nearly as ])0ssible in the order
heretofore and hereafter specified. 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 section 23-1112, for the submission of such measures.
History: En. Sec. 2, Subd. C, Ch. 81, 1949; amd. Sec. 1, Ch. 72, L. 1953; amd.
L. 1939; amd. Sec. 1, Subd. C, Ch. 141, Sec. 6, Ch. 194, L. 1967.
L. 1947; amd. Sec. 1, Subd. C, Oh. 79, L.
23-1110. Words to be printed. At the bottom of the first and second
column to the left shall be the words, "VOTE IN THE NEXT COLUMN."
Likewise, at the top of the second column shall be the words "STATE
AND NATIONAL (continued)" and at the top of the third column shall
be the words "COUNTY AND TOWNSHIP (continued)" to indicate the
continuation of the list of candidates under each respective heading to the
following column if after all the printed matter is equally apportioned
among the three columns, one column is insufficient to contain all the
candidates listed under each of the aforementioned headings.
History: En. Sec. 2, Subd. D, Ch. 81, L. 1947; amd. Sec. 1, Subd. D, Ch. 79, L.
1939; re-en. Sec. 1, Subd. D, Ch. 141, L. 1949; amd. Sec. 2, Ch. 72, L. 1953.
23-1111. Order of placement. Notwithstanding the example in section
23-1112, the order of the placement of the offices on the ballot in the first
column, or to the left, designated "STATE AND NATIONAL," shall be as
follows: "President and vice-president, together with the presidential
electors; United States senator; United States representative in Congress;
governor; lieutenant governor; secretary of state; attorney general; state
treasurer; state auditor; railroad and public service commissioners; state
superintendent of public instruction; clerk of the supreme court; chief
justice of the supreme court; associate justice or justices of the supreme
court; district court judges; state senators; members of the house of rep-
resentatives;" provided, however, that in the years in which any of such
offices are not to be elected, such offices shall not be designated, but the
order of those offices to be filled shall maintain their relative positions as
herein provided.
In the second column, designated, "COUNTY AND TOWNSHIP," the
following order of placement shall be observed: "clerk of district court;
county commissioner ; county clerk and recorder ; sheriff ; county attorney ;
county auditor." Such other offices to be elected shall be placed following
the foregoing in the order deemed most appropriate by the county clerk.
247
23-1112
ELECTIONS
lu the third column constitutional amendments shall come first with refer-
endum and initiative measures foUowino^.
History: En. Sec. 2, Subd. E, Ch. 81, L. 1947; amd. Sec. 1, Subd. E, Ch, 79, L.
L. 1939; re-en. Sec. 1, Subd. E, Ch. 141, 1^149; amd. Sec. 7. Ch. 194, L, 1967.
23-1112. Ballot to facilitate expression of voter's choice. In case of a
short term and a long term election for the same office, the long term of-
fice 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 boldface capital letters and directly
underneath the words, "VOTE FOR" followed by the number to be elected
to such office. As nearly as possible the ballot shall be in the following form :
(Stub hereinafter provided for by Section 23-1114)
Perforated Line
VOTE IN ALIi COLUMNS
STATE AND NATIONAL
FOR PRESIDENTIAL
ELECTORS TO VOTE FOR
PRESIDENT AND VICE-
PRESIDENT OF THE
UNITED STATES
VOTE FOR ONE
Democrat for President
of the United
States
JOHN DOE
For Vice-President of
the United States
RICHARD ROE
For Presidential Electors:
Jane Doe; Helen Doe;
Pete Moe; Milton Moe.
(Same with other candi-
dates for President and
Vice-President together
with blank space for
write-in.)
FOR UNITED STATES
SENATOR
VOTE FOR ONE
D Frank Roe
n Guy Doe
Democrat
Republican
(Same for Congressmen,
Governor, Lieut. Gover-
nor, Secretary of State,
Attorney General, State
Treasurer, State Audi-
tor, Railroad and Public
Service Commissioners,
State Superintendent of
Public Instruction, and
Clerk of the Supreme
Court.)
Vote In Next Column
STATE AND NATIONAL
(Continued)
FOR CHIEF JUSTICE OF
THE SUPREME COURT
VOTE FOR ONE
D Richard K. O'Doe
(Nominated without
party designation.)
n Tom Row
(Nominated without
party designation.)
D
(Continued in like man-
ner for Associate Jus-
tice and Judges of the
District Court.)
COUNTY AND TOWNSHIP
FOR STATE SENATOR
VOTE FOR ONE
D Bill Doe
n John Roe
n
Republican
Democrat
FOR MEMBER OF THE
HOUSE OF KEPRESENT-
ATIVES
VOTE FOR TWO
n Al Johnson
n Jim Sparks
D Jack Smith
n Dan Martin
D
D
Republican
Democrat
Republican
Democrat
Vote In Next Column
COUNTY AND TOW^NSHIP
(Continued)
(Continued in like man-
ner for all County and
Township Officers.)
INITIATIVES, REFEREN-
DLMS AND CONSTITU-
TIONAL AMEND.MENTS
CONSTITUTIONAL
AMENDMENTS
n For the Amendment
D Against the Amendment
REFERENDUM NO. 1
Q For Referendum No. 1
n Against Referendum
No. 1
INITIATIVE NO. 1
D For Initiative No. 1
D Against Initiative No. 1
248
BALLOTS, PREPARATION AND FORM 23-1115
History: En. Sec. 2, Subd. F, Cli. 81, L. Cross-Reference
1939; re-en. Sec. 1, Subd. F, Ch. 141, L. Legislative candidates to be listed un-
1947; amd. Sec. 1, Subd. F. Ch. 79, L. ^^^r "State and National" column, not-
1949; amd. Sec. 3, Ch. 72, L. 1953. withstanding this section, sees. 23-1109,
23-1111.
23-1113. (683) Blank space and margin. Below the names of candi-
dates for each office there must be left a blank space large enough to con-
tain 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 candidate or
candidates for whom he wishes to cast his ballot.
History: Ap. p. Sec. 17, p. 139, L. 1889; Collateral References
amd. Sec. 1354, Pol. C. 1895; amd. Sec. Eleetionse=5l70.
1354, p. 117, L. 1901; amd. Sec. 2, Ch. 88, 29 C.J.S. Elections § 156.
L. 1907; re-en. Sec. 545, Rev. C. 1907; re-
en. Sec. 683, R. C. M. 1921. Cal. Pol. C.
Sec. 1197.
23-1114. (684) Stub, size and contents. The ballot shall be printed on
the same leaf with a stub, and separated therefrom by a perforated line.
The part above the perforated line, designated as the stub, shall extend tJie
entire width of the ballot, and shall be of sufficient depth to allow the fol-
lowing instructions to voters to be printed thereon, such depth to be not
less than two inches from the perforated line to the top thereof, upon the
face of which stub shall be printed, in type known as brevier capitals,
the following: "This ballot should be marked with an 'X' in the square
before the name of each person or candidate for whom the elector intends
to vote. In cases of a ballot containing a constitutional amendment, or
other question to be submitted to a vote of the people, by marking an 'X'
in the square before the answer of the question or amendment submitted.
The elector may write in the blank spaces, or paste over another name,
the name of any person for whom he wishes to vote, and vote for such
person by 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 of-
ficer whose duty it is to provide the ballots, the consecutive number of
the ballot, beginning with number "1," and increasing in regular numeri-
cal order to the total number of ballots required for the precinct.
History: Ap. p. Sec. 17, p. 139, L. 1889; Collateral References
amd. Sec. 1354, Pol. C. 1895; amd. Sec. Elections<®='168, 176.
1354, p. 117, L. 1901; amd. Sec. 2, Ch. 88, 29 C.J.S. Elections §§ 159, 171.
L. 1907; re-en. Sec. 545, Rev. C. 1907; re-
en. Sec. 684, R. C. M. 1921. Cal. Pol. C.
Sec. 1197.
23-1115. (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 de-
tached therefrom, it shall be impossible to distinguish any one of the bal-
249
23-1116 ELECTIONS
lots from the other ballots of the same sort, and the names of all candidates
printed upon the ballots shall be in type of the same size and character.
History: Ap. p. Sec. 17, p. 139, L. Collateral References
1889; amd. Sec. 1354, Pol. C. 1895; amd. Elcctions<S=>166.
Sec. 1354, p. 117, L. 1901; amd. Sec. 2, Cli. 29 C.J.S. Elections § 156.
88, L. 1907: re-en. Sec. 545, Rev. C. 1907; 26 Am. Jur. 2d 38, Elections, § 205.
re-en. Sec. 685, R. C. M. 1921. Cal. Pol. C.
Sec. 1197.
23-1116. (GS6) County clerk to prepare ballot, when and how. When-
ever 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 ques-
tion so presented in tlie manner provided by law. The county clerk must
also prepare the necessary ballots whenever any question is required by
law to be submitted to the electors of any locality, and any of the electors
of the state generally, except that as to all questions submitted to the elec-
tors of a municipal corporation alone the city clerk must prepare the neces-
sary' ballots.
History: Ap. p. Sec. 17, p. 139, L. 1889; Collateral References
amd. Sec. 1354, Pol. C. 1895; amd. Sec. Elections<2^175.
1354, p. 117, L. 1901; amd. Sec. 2, Oh. 88, 29 C.J.S. Elections § 170.
L. 1907; re-en. Sec. 545, Rev. C. 1907; ro-
en. Sec. 686, R. C. M. 1921. Cal. Pol. C.
Sec. 1197.
23-1117. (687) Number of ballots to be provided for each precinct.
The county clerk must provide for each election precinct in the county
sufficient ballots for the electors registered in the precinct. If there is no
registry in the precinct, the county clerk must provide ballots equal to
the number of electors who voted at the last preceding election in the
precinct, unless in the judgment of the county clerk a greater number be
needed, but in no case to exceed one and one-half times as many as the
number of registered voters in the precinct. He must keep a record in his
office, showing the exact number of ballots, that are delivered to the
judges of each precinct. In municipal elections it is the duty of the city
clerk to provide ballots as specified in this section.
History: Ap. p. Sec. 1355, Pol. C. 1895; Collateral References
amd. Sec. 3, Ch. 88, L. 1907; re-en. Sec. ^, .. g^tpo
546, Rev. C. 1907; re-en. Sec. 687, R. C. M. oo n t o ^^.ff^^o r i^:;
1921; amd. Sec. 1, Ch. 16, L. 1925; amd. 29 C.J.S. Elections § 155.
Sec. 9, Ch. 156, L. 1965. Cal. Pol. C. Sec.
1199.
CHAPTER 12
CONDUCTING ELECTIONS— THE POLLS— VOTING AND BALLOTS
Section 23-1201. Voting, to conimpiicc when and continue liow long.
23-1202. Time of opening and closing of polls.
23-1203. Wlien polls for special elections shall open and close.
23-1204. Proclamation at opening and thirty minutes before closing polls.
23-1205. Proclamation at closing polls.
23-1206. Ruflicient booths or compartments must be furnished.
23-1207. Elector to cast his ballot witliout interference.
23-1208. Expenses of providing places for election.
23-1209. Delivery of official ballots to elector.
250
CONDUCTING — THE POLLS — VOTING AND BALLOTS 23-1203
23-1210. Method of voting.
23-1211. Only one person to occupy booth, and no longer than five minutes.
23-1212. Spoiled ballot.
23-1213. Judges may aid disabled elector.
23-1214. Manner of voting.
23-1215. Announcement of voter's name.
23-1216. Putting ballot in box.
23-1217. Record that person has voted, how kept.
23-1218. Mnrking precinct register hook when elector has voted — proccdnro.
23-1219. List of voters.
23-1220. Grounds of challenge.
23-1221. Proceedings on challenges for want of identity.
23-1222. Proceedings on challenges for having voted before.
23-1223. Proceedings on challenges on ground of conviction of crime.
23-1224. Challenges, how determined.
23-1225. Trial of challenges.
23-1226. If a person refuses to be sworn, vote to be rejected.
23-1227. Proceedings upon determination of challenges.
23-1228. List of challenges to be kept.
23-1201. (688) Voting, to commence when and continue how long.
Voting may commence as soon as the polls are open, and may be continued
during all the time the polls remain open.
History: En. Sec. 1365, Pol. C. 1895; Collateral References
re-en. Sec. 556, Rev. C. 1907; re-en. Sec. Elections€=>205
688, R. C. M. 1921. CaJ. Pol. C. Sec. 1224. 29 C.J.S. Elections § 19».
References
Maddox v. Board of State Canvassers,
116 M 217, 223, 149 P 2d 112.
23-1202. (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 eight o'clock p. m. of said day, when the same
must be closed; provided that in precincts having less than one hundred
(100) registered electors the polls must be opened at one o'clock in the
afternoon of election day and must be kept open continuously until eight
o'clock p. m. 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.
History: Ap. p. Sec. 11, p. 462, Cod. References
Stat. 1871; re-en. Sec. 11, p. 73, L. 1876; Maddox v. Board of State Canvassers,
re-en. Sec. 525, 5th Div. Rev. Stat. 1879; 2I6 M 217 2^3 149 P 2d 112
re-en. Sec. 1017, 5th Div. Comp. Stat. 1887; > - >
amd. Sec. 1290, Pol. C. 1895; re-en. Sec. Collateral References
514, Rev. C. 1907; re-en. Sec. 689, R. 0. M. Elections<&=>206-208.
1921; amd. Sec. 1, Ch. 3, L. 1935; amd. 29 C.J.S. Elections § 198.
Sec. 1, Ch. 207, L. 1955. CaL PoL C. Sec. 26 Am. Jur. 2d 60, Elections, 8 227.
1160. '^
23-1203. When polls for special elections shall open and close. When-
ever any special election is held for the purpose of submitting to the quali-
fied electors of any county, high school district, school district, city or
town, the question of incurring an indebtedness 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
251
23-1204 ELECTIONS
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 sucli general, county, school, municipal or primary election.
History: En. Sec. 1, Ch. 2, L. 1937. Collateral References
Elections<&=>206, 208.
29 C.J.S. Elections § 198.
23-1204. (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 tlie polls proclamation must be made
that the polls will close in one-half hour.
History: Ap. p. Sec. 11, p. 462, Cod. amd. Sec. 1291, Pol. C. 1895; re-en. Sec.
Stat. 1871; re-en. Sec. 11, p. 73, L. 1876; 515, Rev. C. 1907; re-en. Sec. 690, R. C. M
re-en. Sec. 525, 5th Div. Rev. Stat. 1879; 1921. Cal. Pol. C. Sec. 1163.
re-en. Sec. 1017, 5tli Div. Comp. Stat. 1887;
23-1205. (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.
History: Ap. p. Sec. 11, p. 462, Cod. amd. Sec. 1292, Pol. C. 1895; re-en. Sec.
Stat. 1871; re-en. Sec. 11, p. 73, L. 1876
re-en. Sec. 525, 5th Div. Rev. Stat. 1879
re-en. Sec. 1017, 5th Div. Comp. Stat. 1887
516, Rev. C. 1907; re-en. Sec. 691, R. C. M.
1921. Cal Pol. C. Sec. 1164.
23-1206. (692) Sufficient booths or compartments must be furnished.
All officers upon wjiom is imposed by law the duty of designating the poll-
ing places must provide in each polling place designated by them, a
sufficient 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 sup-
plies and conveniences as shall enable the elector to prepare his ballot for
voting, and in which electors must mark their ballots, screened from ob-
servation, and a guardrail 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 frac-
tion thereof, registered in the precinct. In precincts containing less than
twenty-five registered voters, the election may be conducted under the pro-
visions of this chapter without the preparation of such booths or compart-
ments, as required by this section.
History: En. Sec. 22, p. 141, L. 1889; Collateral References
re-en. Sec. 1357, p. 118, L. 1901; re-en. Sec. Elections€=201.
548, Rev. C. 1907; re-en. Sec. 692, R. C. M. 29 C.J.S. Elections § 195.
1921. Cal. PoL C. Sec. 1203.
23-1207. (693) Elector to cast his ballot without interference. (1) No
person other than electors engaged in receiving, preparing, or depositing
their ballots, or a person present for the purpose of challenging the vote of
an elector about to cast his ballot, is permitted to be within said rail; and
in cases of small precincts where places, booths, or compartments are not
required, no person engaged in preparing his ballot shall, in any way, be
252
CONDUCTING — THE POLLS — VOTING AND BALLOTS 23-1209
interfered with by any person, unless it be someone authorized by the
provisions of this chapter to assist him in preparing his ballot; nor shall
any oflieer of election do any electioneering on election day. No person
whatsoever shall do any electioneering on election day, within an.v polling
place, or any building in which an election is being held, or within twenty-
five feet thereof; said space of twenty-five feet to be protected by ropes
and kept free of trespassers; nor shall any person obstruct the doors or
entries thereto, or prevent free ingress to and egress from said building.
Any election officer, sheriff, constable, or other peace officer is hereby
authorized and empowered, and it is hereby made his duty, to clear the
passageway, and prevent such obstruction, and to arrest any person so
doing.
(2) 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 election, receive from any elector a ballot prepared
for voting. No elector shall receive a ballot from any other person than
one of the judges of election having charge of the ballots; nor shall any
person other than such judge of election deliver a ballot to such elector.
No elector shall vote, or offer to vote, any ballot except such as he has
received from the judges of election having charge of the ballots. No
elector shall place any mark upon his ballot by which it may afterwards
be identified as the one voted by him. Every elector who does not vote a
ballot delivered to him by the judges of election having charge of the
ballots, shall, before leaving the polling place, return such ballot to such
judges.
History: Ap. p. Sec. 22, p. 141, L. 1889; References
re-en. Sec. 1358, Pol. C. 1895; amd. Sec. Lane v. Bailey, 29 M 548, 560, 75 P 191.
1358, p. 118, L. 1901; re-en. Sec. 549, Rev. '' ' '
C. 1907; re-en. Sec. 693, R. 0. M. 1921. Collateral References
CaL Pol. C. Sec. 1215. Elections<&='211, 227 (5-9), 233, 234.
Cross-References 2 J^ ^^^■^- Elections §§ 194, 196, 200, 208,
Disclosing contents of ballot after mark- 26 Am. Jur. 2d 65, Elections, § 234.
ing, penalty, sec. 94-1414.
Electioneering by election officials, pen-
alty, 94-1413.
23-1208. (694) Expenses of providing places for election. The ex-
pense of providing such places or compartments, ropes, and guardrails is a
public charge, and must be provided for in the same manner as the other
election expenses.
History: En, Sec. 1359, p. 119, L. 1901; CoUateral References
re-en. Sec. 550, Rev. 0. 1907; re-en. Sec. Elections<S='201.
694, R. C. M. 1921. 29 C.J.S. Elections § 195.
23-1209. (695) Delivery of official ballots to elector. At any election
the judges of election must designate two of their number whose duty it is
to deliver ballots to the qualified electors. Before delivering any ballot to
253
23-1210 ELECTIONS
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 desig-
nation "official ballot" and the other words on same, as provided for in
section 23-705 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.
History: Ap. p. Sec. 23, p. 141, L. the stub — thus leaving the ballot without
1889; amd. Sec. 1360, Pol. C. 1895; amd. the stamp — did not render the ballot void.
Sec. 4, Ch. 88, L. 1907; re-en. Sec. 561, Harrington v. Crichton, 53 M 388, 164 P
Rev. C. 1907; re-eu. Sec. 695, R. C. M. 537.
1921.
„ „ ^ References
Stamping of Ofl&cial Ballot i-oi -c^ v tn nr
*^ " , ... _, . State ex rel. Brooks v. Fransham, 19 M
Where ballots had been delivered to 273, 287, 48 P 1; State ex rel. Riley v. Dis-
electors by the judges of election with ^^..^^ ^^^^^ ^^^ ^ g^g 5gg g^ p ^^ j^g^
the official stamp apparently in the place
in which the law requires it to be, al- Collateral References
though in reality it was on the stub in- ElectionsC='218.
stead of on the ballot proper, the act of £9 C.J.S. Elections § 204.
the judges in removing the stamp with
23-1210. (696) Method of voting. On receipt of his ballot the elec-
tor must forthwith, without leaving the polling place and within the guard-
rail provided, and alone, retire to one of the places, booths, or compart-
ments, if such are provided, and prepare his ballot. He shall prepare
his ballot by marking an "X" in the square before the name of the person
or persons for whom he intends to vote. In case of a ballot containing a
constitutional amendment, or other question to be submitted to the vote
of the people, by marking an "X" in the square before the answer of the
question or amendment submitted. The elector may write in the blank space
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 endorsements 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 pollbooks as the number on the stub of the official ballot last de-
livered to him by the ballot judge, such judge shall receive such ballot,
and, after removing the stub therefrom in plain sight of the elector, and
without removing any other part of the ballot, or in any way exposing
any part of the face thereof below the stub, shall deposit each ballot in
the proper ballot box for the reception of voted ballots, and the stubs in a
box for detached ballot stubs. Upon voting, the elector shall forthwith
pass outside the guardrail, unless he be one of the persons authorized to re-
main within the guardrail for other purposes than voting.
History: Ap. p. Sec. 24, p. 142, L. 1889; 1361, p. 119, L. 1901; amd. Sec. 5, Ch.
amd. Sec. 1361, Pol. C. 1895; amd. Sec. 88, L, 1907; re-en. Sec. 552, Rev. C. 1907;
254
CONDUCTING — THE POLLS — VOTING AND BALLOTS 23-1211
re-en. Sec. 696, R. C. M. 1921; amd. Sec.
7, Ch. 64, L. 1959. Cal. Pol. C. Sec. 1205.
Acts of Election Officers
A ballot properly marked, but from
which the stub has not been detached by
the ballot judge as required by this section,
should be counted; a voter is not to be
disfranchised by the errors or wrongful
acts of election officers. Carwile v. Jones,
38 M 590, 599, 101 P 153.
A ballot bearing the endorsement:
"Voted by H. and M. (judges election)
for illegibility of voter," was not void on
the ground that the reason given for
assisting the voter was not one recognized
by law, since section 23-1213 does not re-
quire the judges to certify the reason for
assisting an elector, and the words "for
illegibility of voter" were therefore sur-
plusage; and in the absence of a showing
why they gave assistance, it will be pre-
sumed that they regularly performed their
official duties. Carwile v. Jones, 38 M 590,
599, 101 P 153.
Directory, Not Mandatory — Check Mark
Counted
The provision of this section that a
ballot should be marked by an "X" in
the square is directory and not mandatory,
and in the absence of a further provision
that unless so marked the ballot shall not
be counted, a ballot upon which the elec-
tor marked all squares with a check mark
( V ) instead of an "X" should have been
counted for contestant, there being noth-
ing to indicate an attempt to mark the
ballot for identification purposes. Peter-
son V. Billings, 109 M 390, 395, 96 P 2d
922.
Marking of Ballot
In an election contest, the court prop-
erly refused to count for a candidate bal-
lots marked as follows: (1) Where the
cross was placed after the candidate's
name and entirely without his party col-
umn; (2) where perpendicular lines were
drawn through the names in one party
column, but no cross was placed before
the candidate's name; and (3) where his
name was written in one party column,
but no cross marked in the square before
the name. In neither instance was there
substantial, or any, compliance with the
provisions of this section. Carwile v. Jones,
38 M 590, 595, 101 P 153.
In an election contest, the court prop-
erly refused to count a ballot for a candi-
date which was marked by crossing out all
the names in other party columns, but
which failed to show an "X" before his
name. While the intention of the voter is
generally a very material consideration,
he must express his intention substantially
as indicated by the statute. Carwile v.
Jones, 38 M 590, 595, 101 P 153.
Where the crossmark was placed after
the candidate's name but within his party
column, the ballot was void, since the
elector did not substantially comply with
the requirement of this section relative
to placing the mark before the name.
Carwile v. Jones, 38 M 590, 595, 101 P
153.
Any mark within the square before
the candidate's name, which can be said
to be a crossing of two lines, will answer
the requirements of the statute that the
elector must place an "X" in such square;
and in the absence of anything to indi-
cate a purpose on his part to identify his
ballot by the use of a third line within
the square, a defect in the mark is not
sufficient to vitiate the ballot. Carwile v.
Jones, 38 M 590, 595, 101 P 153, explained
in 109 M 390, 393, 396, 96 P 2d 922.
Voting Is an Affirmative Act, Vote for
Deceased Candidate Not Counted as Op-
posed to Write-in
The casting of a ballot at an election of
public officers is an affirmative, not a nega-
tive act — an act done with intention of
voting for someone; hence if it is the
purpose of voters to defeat a certain can-
didate, that purpose can be accomplished
only by voting for some person in opposi-
tion to him, and not by voting for a per-
son who died some weeks before election
wdth the expectation that the vote cast
for him would be counted as opposed
to the person sought to be defeated; one
who has died is no longer a person for
whom, under section 2, article IX of the
constitution, a voter may cast his ballot.
State ex rel. Wolff v. Geurkink, 111 M
417, 426, 109 P 2d 1094, 133 ALE 304.
Eeferences
State ex rel. Brooks v. Fransham, 19 M
273, 292, 48 P 1; Harrington v. Crichton,
53 M 388, 164 P 537; State ex rel. Eiley
V. District Court, 103 M 576, 588, 64 P
2d 115; Maddox v. Board of State Can-
vassers, 16 M 217, 223, 149 P 2d 112.
Collateral References
Elections<S=»219, 221.
29 C.J.S. Elections §§ 206, 207.
26 Am. Jur. 2d 65, Elections, § 234.
23-1211. (697) Only one person to occupy booth, and no longer than
five minutes. No more than one person must be allowed to occupy any
255
23-1212 ELECTIONS
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.
History: En. Sec. 25, p. 142, L, 1889; Collateral References
re-en. Sec. 1362, Pol. C. 1895; re-en. Sec. Election8<&='227 (7), 228.
553, Rev. C. 1907; re-en. Sec. 697, R. C. M. 99 C.J.S. Elections 8 195.
1921. Cal. Pol. C. Sec. 1206.
23-1212. (698) Spoiled ballot. Any elector who by accident or mis-
take .spoils his ballot, may, on returning said spoiled ballot, receive another
in place thereof.
History: En. Sec. 26, p. 142, L. 1889; Collateral References
re-en. Sec. 1363, Pol. C. 1895; re-en. Sec. Elections<S='218.
554, Rev. C. 1907; re-en. Sec. 698, R. C. M. 29 C.J.S. Elections § 204.
1921. Cal. Pol. C. Sec. 1207.
23-1213. (699) Judges may aid disabled elector. Any elector who de-
clares to the judges of election, or when it appears to the judges of elec-
tion that he cannot read or write, or that because of blindness or other
physical disability lie 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 said disabled
elector may request that any qualified elector whom he designates to the
judges, and in whom he has trust and confidence, shall also be permitted
to aid him in the marking of his ballot, and such judges must certify on
the official register opposite name of such disabled elector that it was so
marked with their assistance, and indicate the name of the person if any
of whom he requested and received assistance, and neither the judges nor,
if such is the case, the person who aided him, must thereafter give informa-
tion regarding the same. The judges must require such declaration of
disability to be made by the elector under oath before them, and they are
hereby authorized to administer the same. No elector other than the one
who may, because of his inability to read or write, or of his blindness or
physical disability, be unable to mark his ballot, must divulge to anyone
within the polling place the name of any candidate for whom he intends
to vote, or, other than herein specifically allowed, ask or receive the assist-
ance of any person within the polling place in the preparation of his ballot.
History: Ap. p. Sec. 27, p. 142, L. 1889; References
amd. Sec. 1364, Pol. 0. 1895; amd. Sec. Carwile v. Jones, 38 M 590, 597, 101 P
1364, p. 120, L. 1901; re-en. Sec. 555, Rev. 153. Gervais v. Rolfe, 57 M 209, 212, 187
C. 1907; re-en. Sec. 699, R. C. M. 1921; p 899,
amd. Sec. 1, Ch. 32, L. 1959; amd. Sec. 1,
Ch. 77, L. 1961. Cal. Pol. C. Sec. 1208. Collateral References
Elections<3=»220.
29 C.J.S. Elections § 208.
26 Am. Jur. 2d 68, Elections, § 238.
DECISIONS UNDER FORMER LAW
Endorsement of Ballot by Judges amended in 1901, it was necessary to show
Where it appeared in an election con- that it could not thereby be identified,
test that a voter's ballot had been en- in order to let in, as secondary evidence,
dorsed by the judges of election, as re- testimony as to how he voted. Lane v.
quired by section 1304, Pol. C. 1895, as Bailey, 29 M 548, 560, 75 P 191.
256
CONDUCTING — THE POLLS — VOTING AND BALLOTS 23-1217
23-1214. (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
persons violating the foregoing provision shall be guilty of a misdemeanor.
Any judge or judges of election who shall knowingly permit a violation
of any of the provisions in this section set forth shall be guilty of a felony
and be punishable as in this section hereinbefore specified. The person
offering to vote must hand his ballot to the judge, and announce his name,
and in incorporated cities and towns any such person must also give the
name of the street, avenue, or location of his residence, and the number
thereof, if it be numbered, or such clear and definite description of the
place of such residence as shall definitely fix the same.
History: En. Sec. 1366, Pol. C. 1895; References
re-en. Sec. 557, Rev. C. 1907; re-en. Sec. Goodell v. Judith Basin County, 70 M
700, R. C. M. 1921; amd. Sec. 1, Ch. Ill, ooo 033 904 p mo
L. 1937. Cal, Pol. C. Sec. 1225. ""'"' " ' ""
Collateral References
Elections<S=»221, 314.
29 C.J.S. Elections §§ 207, 327.
23-1215. (701) Announcement of voter's name. The judges must re-
ceive 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 poUbook.
History: En. Sec. 1367, Pol. C. 1895; References
re-en. Sec. 558, Rev. C. 1907; re-en. Sec. Goodell v. Judith Basin County, 70 M
701, R. C. M. 1921. Cal. Pol. C. Sec. 1226. £23 233 224 P 1110.
23-1216. (702) Putting ballot in box. If the name be found on the of-
ficial register in use at the precinct where the vote is offered, or if the
person offering to vote produce and surrender a proper registry certificate,
and the vote is not rejected, upon a challenge taken, the judges must im-
mediately and publicly, in the presence of all the judges, place the ballot,
without opening or examining the same, in the ballot box.
History: En. Sec. 1368, Pol. C. 1895; References
re-en. Sec. 559, Rev. C. 1907; re-en. Sec. Goodell v. Judith Basin County, 70 M
702, R. C. M. 1921. Cal. Pol. C. Sec. 1227. £22, 233, 224 P 1110.
23-1217. (703) Record that person has voted, how kept. When the
ballot has been placed in the box, one of the judges must write the word
"Voted" opposite the number of the person on the check list for the pre-
cinct.
History: En. Sec. 1369, Pol. C. 1895; References
re-en. Sec. 560, Rev. C. 1907; re-en. Sec. Maddox v. Board of State Canvassers,
703, R. C. M. 1921. CaL Pol. C. Sec. 1228. 116 M 217, 223, 149 P 2d 112.
Deposit of Ballot in Ballot Box Collateral References
Under this section the act of voting is E]ection8<®='216.
not completed until the ballot is deposited 29 C.J.S. Elections § 205.
in the ballot box. Goodell v. Judith Basin
County, 70 M 222, 233, 224 P 1110.
257
23-1218 ELECTIONS
23-1218. (704) Marking: precinct register book when elector has voted
— procedure. The judges of eleetiou 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 tlie
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 be-
fore the judges of election, or one of them, in substantially the following
form :
The State of Montana, 1
I ss.
County of J
"We, the undersigned witnesses, do swear that our names and signa-
tures are genuine, and that we are each personally acquainted with
(the name of the elector), and that we know
that he is residing at , and that we believe that
he is entitled to vote at this election, and that we are each freeholders in
the county," which affidavit shall be filed by the judges, and returned by
them to the county clerk, wnth 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 affi-
davit 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 pollbook, which have been used at said election.
History: En. Sec. 26, Ch. 113, L. 1911; References
amd. Sec. 26, Ch. 74, L. 1913; amd. Sec. Thompson v. Chapin, 64 M 376, 383,
26, Ch. 122, L. 1915; re-en. Sec. 704, R. C. 209 P 1060.
M. 1921.
NOTE.— The foregoing section appears Collateral References
as section 23-524. It is also printed here Elections<S='212.
because of its application to the subject 29 C.J.S. Elections § 197.
embraced in this chapter.
23-1219. (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 pollbook.
History: En. Sec. 1370, Pol. C. 1895; Collateral References
re-en. Sec. 561, Rev. C. 1907; re-en. Sec. Elections<>=212.
705, R. C. M. 1921; amd. Sec. 8, Ch. 64, 29 C.J.S. Elections § 197.
L. 1959. Cal. Pol. C. Sec. 1229.
23-1220. (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.
258
CONDUCTING — THE POLLS — VOTING AND BALLOTS 23-1224
2. That he is an idiot or insane person.
3. That he has voted before that day.
4. That he has been convicted of a felony and not pardoned.
History: En. Sec. 1371, Pol. C. 1895; Collateral References
re-en. Sec. 562, Rev. C. 1907; re-en. Sec. Elect ions<3=5"''3
706, R. C. M. 1921. Cal. Pol. C. Sec. 1230. 09 c.J.S. EleTtions § 209.
26 Am. Jur. 2d 67, Elections, § 237.
23-1221. (707) Proceedings on challenges for want of identity. If the
challenge is on the ground that he is not the person whose name appears on
the official register, the judges must tender him the following oath:
"You do swear (or affirm) that you are the person whose name is en-
tered on the official register and check list."
History: En. Sec. 1372, Pol. C. 1895;
re-en. Sec. 563, Rev. C. 1907; re-en. Sec.
707, R. C. M. 1921. Cal. Pol. C. Sec. 1231.
23-1222. (708) Proceedings on challenges for having voted before.
If the challenge is on the ground that the person challenged has voted
before that day, the judges must tender to the person challenged this oath :
"You do swear (or affirm) that you have not before voted this day."
History: En. Sec. 1373, Pol. C. 1895;
re-en. Sec. 564, Rev. C. 1907; re-en. Sec.
708, R. C. M. 1921. Cal. PoL C. Sec. 1234.
23-1223. (709) Proceedings on challenges on ground of 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."
History: En. Sec. 1374, Pol. C. 1895;
re-en. Sec. 565, Rev. C. 1907; re-en. Sec.
709, R. C. M. 1921. Cal. Pol. C. Sec. 1235.
23-1224. (710) Challenges, how determined. Challenges upon the
grounds either:
1. That the person challenged is not the person whose name appears
on the official register ; or
That the person has before voted that day, are 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
259
23-1225 ELECTIONS I
qualified, unless a conviction of some other felony be proved, as in this
section provided for the proof of a conviction.
History: En. Sec. 1375, Pol. C. 1895;
re-en. Sec. 566, Rev. C. 1907; re-en. Sec.
710, R. C. M. 1921. Cal. Pol. C. Sec. 1236.
23-1225. (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.
History: En. Sec. 1376, Pol. C. 1895;
re-6n. Sec. 667, Rev. C. 1907; re-en. Sec.
711, R. C. M. 1921. Cal. Pol. C. Sec. 1237.
23-1226. (712) If a 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.
History: En. Sec. 1377, Pol. C. 1895; Collateral References
re-en. Sec. 568, Rev. C. 1907; re-en. Sec. Election3®=>224.
712, R. C. M. 1921. Cal. Pol. C. Sec. 1238. 29 C.J.S. Elections § 211.
23-1227. (713) Proceedings upon determination of challenges. If
the challenge is determined against the person offering to vote, the ballot
must, without examination, be destroyed by the judges in the presence of
the person offering the same; if determined in his favor, the ballot must
be deposited in the ballot box.
History: En. Sec. 1378, Pol. C. 1895; Collateral References
re-en. Sec. 569, Rev. C. 1907; re-en. Sec. Elections<&=>224.
713, R. C. M. 1921. Cal. Pol. C. Sec. 1242. 29 C.J.S. Elections § 211.
23-1228. (714) List of challenges to be kept. The judges must cause
each of the clerks to keep a list showing :
1. The names of all persons challenged.
2. The grounds of such challenges.
3. The determination of the judges upon the challenge.
History: En. Sec. 1379, Pol. C. 1895;
re-en. Sec. 570, Rev. 0. 1907; re-en. Sec.
714. R. C. M. 1921. CaL PoL C. Sec. 1243.
CHAPTER 13
VOTING BY ABSENT ELECTORS
Section 23-1301. Voting by elector when absent from place of residence or physically
incapacitated from going to polls.
23-1302(1). Application of absentee or physically incapacitated person for ballot
23-1302(2). Application of absentee or physically incapacitated person for ballot.
23-1303. Form of application.
23-1303.1. Forms and regulations for absentee voting in school district elections.
23-1304. Transmission of application to county clerk — delivery of ballot.
23-1305. Duty of clerk to deliver application or ballot.
23-1306. Mailing ballot to elector — form of return and affidavit.
23-1307. Marking and swearing to ballot by elector.
23-1308. Disposition of marked ballot upon receipt by clerk.
23-1309. Delivery or mailing of ballots to election judges.
23-1310. Clerk to keep record of ballots and issue certificate.
260
VOTING BY ABSENT ELECTORS
23-1302(1)
23-1311.
23-1312.
23-1313.
23-1314.
23-1315.
23-1316.
23-1317.
23-1318.
23-1319.
23-1320.
23-1321.
Duty of election judges — pollbooks, numbering ballots and rejected
ballots.
Voting before election day by prospective absentee or physically in-
capacitated elector.
Envelopes containing ballots — deposit in box and rejection of ballot.
Transmission of ballot by special delivery.
Voting in person by elector on election day.
Procedure when elector is present after marking absent or physically
incapacitated voter ballot.
Opening of envelopes after deposit.
False swearing perjury — official misconduct a misdemeanor.
Voting machines — canvass of votes.
Duty of elector if present on election day.
Violation of law by elector or officer outside of state — change of
venue.
23-1301. (715) Voting by elector when absent from place of resi-
dence or physically incapacitated from going to polls. Any qualified elec-
tor of this state, having complied with the laws in regard to registration,
who is absent from the county or who is physically incapacitated from at-
tending the precinct poll of which he is an elector on the day of holding any
general or special election, or primary election for the nomination of can-
didates for such general election, or any municipal, school, general, special
or primary election, may vote at any such election as hereinafter pro-
vided.
History: En. Sec. 1, Ch. 110, L. 1915;
amd. Sec. 1, Ch. 155, L. 1917; re-en. Sec.
715, R. C. M. 1921; amd. Sec. 1, Ch. 234,
L. 1943; amd. Sec. 1, Ch. 108, L. 1963.
Constitutionality
The Absent Voters Law (23-1301 to
23-1321) is a valid enactment and not
open to the objection that in permitting
a ballot to be delivered to the election
officers by mail, it violates section 2, article
IX of the state constitution, by providing
that an elector shall have resided in the
state one year immediately preceding the
election "at which he offers to vote." The
provision of the constitution does not re-
quire his personal presence at the polls.
Goodcll v. Judith Basin County, 70 M 222,
227, 224 P 1110.
Improper Delivery Voids Ballots
Absent voters' ballot delivered by coun-
ty clerk not to electors personally or by
mail, but to one engaged in procuring
electors to apply therefor and request that
such ballots be delivered to such person,
were void and could not be voted at ensu-
ing election. State ex rel. Van Horn v.
Lyon, 119 M 212, 173 P 2d 891, 895.
Beferences
Maddox v. Board of State Canvassers,
116 M 217, 223, 149 P 2d 112.
Collateral References
Elections®=>213.
29 C.J.S. Elections § 210 (2).
26 Am. Jur. 2d 70, Elections. § 243.
Right to vote of person inducted into
military service under draft act. 129 ALR
1189.
Voting by persons in the military serv-
ice. 149 ALR 1466; 151 ALR 1464; 152
ALR 1459; 153 ALR 1434; 154 ALR 1459
and 155 ALR 1459.
Validity of absentee voters' laws. 97
ALR 2d 218.
23-1302(1). (716) Application of absentee or physically incapacitated
person for ballot. At any time within the period beginning forty-five
(45) days next preceding such election and ending at 12 noon on the day
next preceding the day of election, any elector expecting to be absent on
the day of election from the county in which his voting precinct is situated,
or any elector in United States service, or any elector 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
261
23-1302(2)
ELECTIONS
under the laws of Montana, plainly stating the nature of the physical in-
capacit}' of the applicant, and certifying (a) that such incapacity will
continue beyond the day of the election for which the application is made;
(b) to the extent of reasonably preventing applicant from going to the
polls, bodily health considered, may make application to the county clerk
of such county, or to the city or town clerk, in the case of a municipal,
general, or primary election, for an official ballot or official ballots to be
voted at such election as an absent or physically incapacitated voter's
ballot or ballots.
History: En. Sec. 2, Ch. 110, L. 1915;
re-en. Sec. 2, Ch. 155, L. 1917; re-en. Sec.
716, R. C. M. 1921; amd. Sec. 2, Ch. 234,
L. 1943; amd. Sec. 1, Ch. 104, L. 1953;
amd. Sec. 3, Ch. 18, L. 1959; amd. Sec. 2,
Ch. 124, L. 1963.
Compiler's Note
This section was amended twice by the
1959 legislature. Once by Ch. 18 and once
by Ch. 216. Chapter 18 was approved by
the governor, February 6, 1959 wliile
Chapter 216 was approved Marcli 11, 1959.
Ncitlier amendment mentioned tlic other
amendment and in some respects tlie sec-
tion was amended differently by each
chapter. TIic section above is as amended
by Cli. 18. Tiic section as amended by
Ch. 216 is set out as section 23-1302(2).
23-1302(2). (716) Application of absentee or physically incapacitated
person for ballot. At any time witliin forty-five (45) days next preced-
ing such election, any voter expecting to be absent on the day of election
from the county in which his voting precinct is situated, for any reason
whatsoever, 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 his af-
fidavit, plainly stating the nature of the physical incapacity of the appli-
cant, and stating (a) that such incapacity will continue beyond the day of
the election for which the application is made; (b) to the extent of reason-
ably 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.
History: En. Sec. 2, Ch. 110, L. 1915; by Ch. 216. Chapter 18 was approved by
the governor, February 6, 1959 while
Chapter 216 was approved March 11, 1959.
Neither amendment mentioned the other
amendment and in some respects the sec-
tion was amended differently by each
chapter. The section above is as amended
by Ch. 216. The section as amended by
Ch. 18 is set out as section 23-1302(1).
re-en. Sec. 2, Ch. 155, L. 1917; re-en. Sec.
716, R. C. M. 1921; amd. Sec. 2, Ch. 234,
L. 1943; amd. Sec. 1, Ch. 104, L. 1953;
amd. Sec. 1, Ch. 216, L. 1959.
Compiler's Note
This section was amended twice by the
1959 legislature. Once by Ch. 18 and once
23-1303. (717) Form of application. Application for such ballots
shall be made on a blank furnished by the county clerk of the county of
which the applicant is an elector, or the city or town clerk, if it be munici-
pal, general, special or primary election, and shall be in substantially the
following form :
"I, , a duly qualified elector of the
precinct, in the county of , and
State of Montana, and am to the best of my knowledge and belief entitled
262
VOTING BY ABSENT ELECTORS
23-1304
to vote in such precinct in the next election, expecting to be absent from
said county or, in all probability, to be physically incapacitated 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 elec-
tion.
Post-oflfice 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 applica-
tion, that he has read and knows the contents of same and knows to his
own knowledge the matters and things therein stated are true.
»
This application must be subscribed by the applicant and sworn to be-
fore some officer authorized to administer oaths, pursuant to the laws of the
place of execution, and the application shall not be deemed complete
without this affidavit.
Provided that application for such ballot by any elector in the United
States may be made by the federal post card application, or by any written
request, signed by said applicant, addressed to the county clerk of the
county of residence of said elector.
History: En. Sec. 3, Ch. 110, L. 1915;
re-en. Sec. 3, Ch. 155, L. 1917; re-en. Sec.
717, R. C. M. 1921; amd. Sec. 1, Ch. 151,
L. 1923; amd. Sec. 1, Ch. 32, L. 1941; amd.
Sec. 3, Ch. 234, L. 1943; amd. Sec. 2, Ch.
104, L. 1953; amd. Sec. 1, Ch. 152, L. 1955;
amd. Sec. 4, Ch. 18, L. 1959; amd. Sec. 2,
Ch. 216, L. 1959.
Compiler's Note
This section was amended twice by the
1959 legislature. Once by Ch. 18, Laws
1959 and once by Ch. 216, Laws 1959.
Chapter 18 was approved by the gover-
nor, February 6, 1959 while Ch. 216 was
approved March 11, 1959. Neither amend-
ment mentioned the other act and as the
acts amended the section in different re-
spects, the compiler has made a composite
section, incorporating the changes made
by each act.
References
Goodell v. Judith Basin County, 70 M
222, 227, 224 P 1110; State ex rel. Van
Horn v. Lyon, 119 M 212, 173 P 2d 891,
892.
23-1303.1. Forms and regulations for absentee voting in school dis-
trict elections. The state superintendent of public instruction shall pre-
pare the form of application for absentee voter ballot for school districts
and such other forms and regulations as may be necessary to carry out
the purpose of this act, as it pertains to school districts.
History: En. Sec. 3, Ch. 108, L. 1963.
23-1304. (718) Transmission of application to county clerk — delivery
of ballot. The voter making such application shall forward by mail or de-
263
23-1305 ELECTIONS
liver in person the same to the county clerk of the county in which he is
registered and it shall be the duty of tlie 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 application 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 provided in section 23-1305.
History: En. Sec. 4, Ch. 110, L. 1915; References
amd. Sec. 4, Ch. 155, L. 1917; re-en. Sec. Goodcll v. Judith Basin County, 70 M
718, R. C. M. 1921; amd. Sec. 2, Ch. 151, 222, 227, 236, 224 P 1110; State ex rcl.
L. 1923; amd. Sec. 4, Ch, 234, L. 1943. Van Horn v. Lyon, 119 M 212, 173 P 2d
891, 892.
23-1305. (719) Duty of clerk to deliver application or ballot. Such ap-
plication blank shall, upon request tJierefor, be sent by such county or city
or town clerk to any elector of the county, by mail, and shall be delivered
to any elector upon application made personally at the office of such county
or city or town clerk ; provided, however, that no elector shall be entitled to
receive such a ballot on election day, nor unless his application is made
to or received by the county or city or town clerk before the delivery of
the official ballots to the judge of election.
History: En. Sec. 5, Ch. 110, L. 1915; References
re-en. Sec. 5, Ch. 155, L. 1917; re-en. Sec. Goodell v. Judith Basin County, 70 M
719, R. C. M. 1921. 222, 227, 224 P 1110.
23-1306. (720) Mailing ballot to elector — form of return and affidavit.
Upon receipt of such application, properly filled out and duly signed, or as
soon thereafter as the official ballot for the precinct in which the applicant
resides has been printed, the said county or city or town clerk shall send
to such elector by mail, postage prepaid, one official ballot, or if there be
more than one ballot to be voted by an elector of such precinct, one of each
kind, and shall enclose with such ballot or ballots an envelope, to be fur-
nished by such county or city or town clerk, which envelope shall bear
upon the front thereof the name, official title and post-office address of
such county or city or town clerk, and upon the other side a printed affi-
davit, in substantially the following form :
"State of -1
. ss.
County
I, , do solemnly swear that I am a resident
of the precinct, (and if he be a resident of a city or town,
Add: 'Residing at , in the town or city of
'), County of and State
of Montana, and entitled to vote in such precinct at the next election; that
I expect to be absent from the said county of my residence or, in all prob-
ability, 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.
264
VOTING BY ABSENT ELECTORS 23-1307
Subscribed and sworn to before me this day of ,
19 ; and I hereby certify that the affiant exhibited to me the enclosed
ballot or ballots for inspection before marking, and that the same was (or
were) then unmarked and that he then in my presence, and in the presence
of no other person, and in such manner that I could not see his vote,
marked said ballot (or ballots) and enclosed and sealed the same in this
envelope. That the affiant was not solicited or advised by me to vote for
or against any candidate or measure.
Both the envelope in Avhich the ballot is mailed to the elector in the
United States service and the return envelope enclosed therein shall have
printed across the face two parallel horizontal red bars, each one-quarter
inch wide, extending from one side of the envelope to the other side,
with an intervening space of one-quarter inch, the top bar to be one and
one-quarter inches from the top of the envelope, and with the words "Of-
ficial Election Balloting Material — via Air Mail," or similar language,
between the bars; that there be printed in the upper right corner of each
such envelope, in a box, the words "Free of U. S. Postage, Including Air
Mail" ; that all printing on the face of each such envelope be in red ; and
that there be printed in red in the upper left-hand corner of each state
ballot envelope an appropriate inscription or blanks for return address of
sender.
The return envelope shall be self-addressed to the county or city or
town clerk.
The county or city or town clerk shall enclose with the ballot mailed to
the elector in the United States service instructions for voting and return-
ing the ballot.
History: En. Sec. 6, Ch. 110, L. 1915; References
amd. Sec. 6, Ch. 155, L. 1917; re-en. Sec. Gooflell v. Jurlith Basin County, 70 M
720, R. C. M. 1921; amd. Sec. 5, Ch. 234, 222, 237, 224 P 1110.
L. 1943; amd. Sec. 5, Ch. 18, L. 1959.
23-1307. (721) Marking and swearing to ballot by elector. Such voter
shall make and subscribe the said affidavit before an officer authorized by
law to administer oaths, pursuant to the laws of the place of execution and
may do so at any place including any foreign country, before any officer
authorized by the laws of the place of execution to take acknowledgments
of instruments, and such voter shall thereupon, in the presence of such
officer and of no other person, mark such ballot or ballots, but in such man-
ner that such officer cannot see the vote, and such ballot or ballots there-
upon, in the presence of such officer, shall be folded by such voter so that
each ballot shall be separate, and so as to conceal the vote, and shall be, in
the presence of such officer, placed in such envelope securely sealed. Said
officer shall thereupon append his signature and official title 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.
History: En. Sec. 7, Ch. 110, L. 1915; 721, R. C. M. 1921; amd. Sec. 3, Ch. 151,
amd. Sec. 7, Ch. 155, L. 1917; re-en. Sec. L. 1923; amd. Sec. 6, Ch. 234, L. 1943;
265
23-1308 ELECTIONS
amd. Sec. 1, Ch. 60, L. 1953; amd. Sec. 3, Collateral Eeferences
Ch. 216, L. 1959. Electionse=3216.1.
References 29 CJ.S. Elections § 210.
Goodcll V. Judith Basin County, 70 M
222,237, 224 P 1110.
23-l'308. (722) Disposition of marked ballot upon receipt by clerk.
Upon receipt of such envelope, such county or city or town clerk shall
forthwith enclose the same, unopened, together with the written applica-
tion of such absent voter or physically incapacitated voter in a larger
envelope, which shall be securely sealed and endorsed with the name of
the proper voting precinct, the name and official title of such clerk, and the
words "This envelope contains an absent or physically incapacitated 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.
History: En. Sec. 8, Ch. 110, L. 1915; References
re-en. Sec. 8, Ch. 155, L. 1917; re-en. Sec. Goodell v. Judith Basin County, 70 M
722, R. C. M. 1921; amd. Sec. 7, Ch. 234, 222, 227, 224 P 1110.
L. 1943.
23-1309. (723) Delivery or mailing of ballots to election judges. In
case such envelope is received by such clerk prior to the delivery of the
official ballots to a judge of election of the precinct in which such absent
or physically incapacitated voter resides, said larger envelope, containing
the said voter's envelope, and his said application as above provided, shall
be delivered to the judge of election of such precinct, to whom the official
ballots of the precinct shall be delivered, and at the same time. In case the
official ballots for such precinct shall have been delivered to the judge
of election prior to the time of the receipt by the said clerk of said absent
or physically incapacitated voter's envelope, such clerk shall immediately
after enclosing such voter's envelope and his application in a larger en-
velope, 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. If any ab-
sentee ballots are received by the clerk for which application was made
after 12 noon on the day next preceding an election, the clerk shall endorse
upon the voter's envelope the date and exact time of receipt and the words
"To be rejected by authority of section 23-1309, R.C.M. 1947." Absentee
ballots endorsed in this manner shall be delivered to the judge of election
of said precinct and shall be rejected by the judge of election.
History: En. Sec. 9, Ch. 110, L. 1915; References
re-en. Sec. 9, Ch. 155, L. 1917; re-en. Sec. Goodell v. Judith Basin County, 70 M
723, R. C. M. 1921; amd. Sec. 8, Ch. 234, 222, 227, 224 P 1110.
L. 1943; amd. Sec. 1, Ch. 124, L. 1963.
23-1310. (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 following consecu-
266
VOTING BY ABSENT ELECTORS 23-1312
tively, 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 purpose 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.
History: En. Sec. 10, Ch. 110, L. 1915; References
re-en. Sec. 10, Ch. 155, L. 1917; re-en. Sec. Goodell v. Judith Basin County, 70 M
724, R. C. M. 1921; amd. Sec. 9, Ch. 234, 222 227 224 P 1110
L. 1943. ' '
23-1311. (725) Duty of election judges — poUbooks, numbering bal-
lots and rejected ballots. The judges of election, at the opening of the
polls, shall note on the pollbooks opposite the numbers corresponding to
the numbers of the ballots issued to absent or physically incapacitated
voters, as shown by the certificate of the county or city or town clerk, the
fact that such ballots were issued to absent or physically incapacitated
voters, and shall reserve said numbers for the absent or physically in-
capacitated voters. The notation may be made by writing the words
"absent or physically incapacitated voters" opposite such numbers.
The judges shall not allow any names to be inserted in the pollbooks
on the lines corresponding to said numbers, except the name of the elector
entitled to each particular number according to the certificate of the county
or city or town clerk, and the number of his ballot. Any so rejected shall
be placed together with the voter's application and the absent or physically
incapacitated voter's envelope provided for the purpose by the clerk and
recorder or city or town clerk, which shall be sealed and endorsed by the
words, "rejected absent or physically incapacitated voter ballots" num-
bered , 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 en-
velope for the ballot or ballots of each absent or physically incapacitated
voter whose ballot or ballots may have been rejected, and such envelopes
shall be placed in an envelope together with the other ballots, and shall
not be opened without order of a court of competent jurisdiction.
History: En. Sec. 11, Ch. 110, L. 1915; References
amd. Sec. 11, Ch. 155, L. 1917; re-en. Sec. Goodell v. Judith Basin County, 70 M
725, R. C. M. 1921; amd. Sec. 10, Ch. 234, 222, 227, 224 P 1110.
L. 1943; amd. Sec. 9, Ch. 64, L. 1959.
Collateral References
Elections<S=5216.1.
29 C.J.S. Elections § 210.
23-1312. (726) Voting before election day by prospective absentee or
physically incapacitated elector. Any qualified elector who is present in
267
23-1313 ELECTIONS
his county after the official ballots of such county or school district have
been printed and who has reason to believe that he will be absent from
such county or school district on election day, or physically incapacitated
as provided in section 23-1302 may vote before he leaves his county or
school district or prior to the inception of such physical incapacity, in like
manner as an absent or physically incapacitated voter, before the county
or city or town clerk or school district clerk, or some officer authorized to
administer oaths and having an official seal ; and the provisions of this
act shall be deemed to apply to such voting. If the ballot be marked before
the county or city or town or school district clerk it shall be his duty to
deal with it in the same manner as if it had come by mail.
History: En. Sec. 12, Ch. 110, L. 1915; References
amd. Sec. 12, Ch. 155, L. 1917; re-en. Sec. Goodell v. Judith Basin County, 70 M
726, R. C. M. 1921; amd. Sec. 11, Ch. 234, 22" 227 224 P 1110
L. 1943; amd. Sec. 2, Ch. 108, L. 1963. "'
23-1313. (727) Envelopes containing ballots — deposit in box and re-
jection 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 case the judge finds the affidavit is sufficient and that the signa-
tures 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 ab-
sent 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 permitting the same to be
opened or examined, shall ascertain whether the stub or stubs is or are still
attached to the ballot or ballots, and whether the number thereon cor-
responds 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 records the
proper entries to show such elector to have voted. In case such affidavit is
found to be insufficient, or that the said signatures do not correspond, or
that such applicant is not then a duly qualified elector of such precinct,
such vote shall not be allowed, but, without opening the absent or physi-
cally 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 incapaci-
tated from going to the polls is voted, and the absent or physically inca-
pacitated voter envelope with its contents, unopened, when such absent vote
or vote by a person physically incapacitated from going to the polls is
rejected, shsJll be deposited in the ballot box containing the general or
party ballots, as the case may be, retained and preserved in the manner by
law provided for the retention and preservation of official ballots voted
at such election. If, upon opening the absent or physically incapacitated
voter's envelope, it be found that the stub of any ballot has been detached.
268
VOTING BY ABSENT ELECTORS 23-1314
or that the number thereon does not correspond to the number in the
county or city or town clerk's certificate of the number issued to such ab-
sent or physically incapacitated voter, the ballot shall be rejected, and it
shall then and there, and without looking at the face thereof, be marked
on the back "rejected on the ground of ," filling the blank with
the statement of the reason of the rejection; which statement shall be
dated and signed by the majority of the judges. The ballot or ballots so
rejected, together with the absent or physically incapacitated voter's
envelope bearing the application, and the said application, shall be all
enclosed in an envelope, which shall be then and there securely sealed,
and on such envelope the judges shall write or cause to be written (if
not already printed thereon) the words, "rejected ballot of absent or physi-
cally incapacitated voter" (writing in the name of the elector). "The re-
jected ballot or ballots is or are " The judges shall
designate the rejected ballot as "general ballot," if it be a ballot for candi-
dates that be rejected. If the rejected ballot be a one put on a question
submitted to the vote of the electors, the judges shall designate such
ballot as ballot question No in the certificate on the envelope. There
shall be a separate enclosing envelope for the ballot or ballots of each
absent 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.
History: En. Sec. 13, Ch. 110, L. 1915; Law, (23-1301 to 23-1321) by virtue of
amd. Sec. 13, Ch. 155, L. 1917; re-en. Sec. tliis section. Maddox v. Board of State
727, R. C. M. 1921; amd. Sec. 12, Ch. 234, Canvassers, 116 M 217, 223, 149 P 2d 112.
L. 1943; amd. Sec. 10, Ch. 64, L. 1959.
References
Delivery of Ballot to Election Officials Goodcll v. Judith Basin County, 70 M
Voting is accomplished not merely by 222, 227, 224 P 1110.
marking the ballot, but by having it de-
livered to the election officials and de- Collateral References
posited in the ballot box before the clos- Elections®='216.1.
ing of the polls on election day, and this 29 C.J.S. Elections § 210.
is equally true under the Absent Voter's
23-1314. (728) Transmission of ballot by special delivery. When-
ever 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 therouu the proper
postage and the proper stamp or stamps, and the proper markings to
secure the transmission and delivery thereof as a special delivery letter,
in accordance with the postal laws of the United States and the regulations
of the United States post office.
History: En. Sec. 14, Ch. 110, L. 1915; References
amd. Sec. 14, Ch. 155, L. 1917; re-en. Sec. Goodell v. Judith Basin County, 70 M
728, R. C. M. 1921; amd. Sec. 13, Ch. 234, 992 £27 "''4 P 1110
L. 1943. — » ^ "-
269
23-1315 ELECTIONS
23-1315. (729) Voting in person by elector on election day. Any
qualified elector who has marked his ballot as hereinbefore provided, who
shall be in his precinct on election day, shall be permitted to vote in person,
provided his said ballot has not already been deposited in the ballot box.
History: En. Sec. 15, Ch. 110, L. 1915; References
re-en. Sec. 15, Ch. 155, L. 1917; re-en. Sec. Goodell v. Judith Basin County, 70 M
729, E. C. M. 1921. 222, 227, 224 P 1110; State ex rel. Mitchell
V. District Court, 128 M 325, 275 P 2d
642, 651.
23-1316. (730) Procedure when elector is present after marking ab-
sent or physically incapacitated voter ballot. In case any elector who shall
have marked his ballot as an absent or physically incapacitated voter, aa
in this act provided, shall appear at the voting place of his precinct on
election day, before his ballot or ballots shall have been deposited in the
ballot box, his envelope containing his ballot shall, if he so desires, be
opened in his presence, and the ballot or ballots found therein shall be
deposited in the ballot box as hereinbefore provided. If such elector shall
ask for a new ballot or ballots with which to vote, he shall be entitled to
the same, but in such case his absent or physically incapacitated voter en-
velope 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 bal-
lot box. If the envelope containing the absent or physically incapacitated
voter ballot shall have been marked "rejected as defective," and de-
posited 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.
History: En. Sec. 16, Ch. 110, L. 1915; References
re-en. Sec. 16, Ch. 155, L. 1917; re-en. Sec. Goodell v. Judith Basin County, 7U M
730, R. C. M. 1921; amd. Sec. 14, Ch. 234, 222, 227, 224 P 1110; State ex rel. Mitchell
L. 1943. V. District Court, 128 M 325, 275 P 2d 642,
651.
23-1317. (731) Opening of envelopes after deposit. If the aforesaid
envelope 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.
History: En. Sec. 17, Ch. 110, L. 1916; References
re-en. Sec. 17, Ch. 155, L. 1917; re-en. Sec. Goodell v. Judith Basin County, 70 M
731, R. C. M. 1921; amd. Sec. 15, Ch. 234, 222, 227, 224 P 1110.
L. 1943.
23-1318. (732) False swearing perjury — ofl9icial misconduct a misde-
meanor. If any person shall willfully 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 neg-
lect to perform any of these duties prescribed by this act, or shall violate
any of the provisions thereof, or if any officer taking the affidavit pro-
270
VOTING BY ABSENT ELECTORS 23-1320
vided for in section 23-1306 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 mark-
ing of any such ballot by the voter, or to see any mark or marks made
thereon by the voter, he shall be deemed guilty of a misdemeanor, and
shall be punished by a fine not exceeding five hundred dollars, or by
imprisonment in the county jail not exceeding six months, or by both such
fine and imprisonment.
History: En. Sec. 18, Ch. 110, L. 1915; Collateral References
amd. Sec. 18, Ch. 155, L. 1917; re-en. Sec. Elections<S='314; Perjury<S='8.
732, R. C. M. 1921. 29 C.J.S. Elections §327; 70 C.J.S. Per-
References ^^^^ ^ '
Goodell V. Judith Basin County, 70 M
222, 227, 224 P 1110.
23-1319. (733) Voting machines — canvass of votes. In and for pre-
cincts 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 number for
possible absent or physically incapacitated voters, and also pollbooks and
ballot boxes such as lists required for the precincts in which printed ballots
are used. Absent or physically incapacitated voters' ballots received in
such precincts shall be cast as in this act provided, and all provisions of
this act and of the election laws shall apply to the casting, canvassing,
counting and returning of such ballots and votes, except as herein other-
wise provided. In making the canvass, the votes cast by absent or physi-
cally 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.
History: En. Sec. 19, Ch. 110, L. 1915; References
amd. Sec. 19, Ch. 155, L. 1917; re-en. Sec. Goodell v. Judith Basin County, 70 M
733, R. C. M. 1921; amd. Sec. 16, Ch. 234, 222, 227, 224 P 1110.
L. 1943.
Collateral References
Elections'S=>222.
29 C.J.S. Elections § 203.
23-1320. (734) Duty of elector if present on election day. In case
any elector who shall have taken advantage of the provisions of this act,
and marked his ballot as an absent or physically incapacitated voter, as in
this act provided, shall not leave his county, or shall return thereto or shall
have recovered physical capacity to go to the polls on or before election
day, and in time to allow him to go to the polls, to wit, to the voting place
in his precinct, and to be admitted therein before the close of the polls, it
shall be his duty so to go to the said voting place and to present himself
to the judges of election at said voting place, and if he shall willfully neg-
lect so to do he shall be deemed guilty of a misdemeanor and, upon con-
viction thereof, shall be punished by a fine of not more than one hundred
($100.00) dollars or by imprisonment not more than thirty (30) days in
the county jail or by both such fine and imprisonment. If such an elector
271
23-1321 ELECTIONS
so appears the judges of election shall note in the precinct register the fact
of his appearance as well as whether or not he voted in person.
History: En. Sec. 20, Ch. 110, L. 1915; References
re-en. Sec. 20, Ch. 155, L. 1917; re-en. Goodell v. Judith Basin County, 70 M
Sec. 734, R. C. M. 1921; amd. Sec. 17, £''2 2^7 224 P 1110
Ch. 234, L. 1943; amd. Sec. 11, Ch. 64, - ' " '
L. 1959. Collateral References
Elections<S=313.
29 C.J.S. Elections § 325.
23-1321. (735) Violation of law by elector or oflBcer outside of state —
chang^e of venue. If any elector of this state or any other person or any
officer shall, in any matter connected with voting outside of the state under
the provisions of this law, in any manner violate any of the provisions of
this act, or of any of the election or penal laws of this state applicable to
voting under this act, in such manner that such violation would constitute
an offense if committed within the state, then and in such case such elec-
tor, person, or officer shall be deemed guilty of a like offense, and be pun-
ishable to the same extent and in the same manner as if the act, omission,
or violation had been committed in this state, and may be prosecuted in
any county in this state ; provided, however, that if the defendant or one
of several defendants be a resident of the state he may have the case
removed to the county in which the ballot was cast, or was to be cast, if
not, in fact cast; and provided, further, that the court may order any
such case removed to such county, subject always to the power of the
court of any county to grant a change of venue as in other cases.
History: En. Sec. 21, Ch. 155, L. 1917; Collateral References
re-en. Sec. 735, R. C. M. 1921. Elections<3=>313, 314.
References 29 C.J.S. Elections §§ 325, 327.
Goodell V. Judith Basin County, 70 M
222, 227, 224 P 1110.
CHAPTER 14
VOTING BY ABSENT ELECTORS IN UNITED STATES SERVICE
Section 23-1401. Registration of absent electors in United States service.
23-1402. Definition of electors in United States service.
23-1403. The federal post card application.
23-1404. Oath for elector in the United States service.
23-1405. Classification of federal post card application.
23-1406. Penalty applicable.
23-1401. Registration of absent electors in United States service. Any
elector of this state in the United States service who is absent from the
state of Montana and the county of which he or she is a resident shall be
entitled to register by mailing to the county clerk a federal post card
application filled out and signed under oath, which shall be the "OFFICIAL
WAR REGISTRATION CARD" of the state.
History: En. Sec. 1, Ch. 99, L. 1043: Collateral References
amd. Sec. 6, Ch. 18, L. 1959. Election8e='216.1.
29 CJ.S. Elections § 210.
272
ABSENT ELECTORS IN UNITED STATES SERVICE 23-1403
23-1402. Definition of electors in United States service. The phrase
"elector in United States service" as used in the Revised Codes of Montana
of 1947, as amended, shall include the following :
(1) Members of the armed forces while in the active service, and
their spouses and dependents.
(2) Members of the merchant marine of the United States, and their
spouses and dependents.
(3) Civilian employees of the United States in all categories serving
outside the territorial limits of the several states of the United States and
the District of Columbia and their spouses and dependents when residing
with or accompanying them, whether or not the employee is subject to the
civil service laws and the Classification Act of 1949, and whether or not
paid from funds appropriated by the Congress.
(4) Members of religious groups or welfare agencies assisting mem-
bers of the armed forces, who are officially attached to and serving with the
armed forces, and their spouses and dependents.
History: En. Sec. 2, Ch. 99, L. 1943;
amd. Sec. 7, Ch. 18, L. 1959.
23-1403. The federal post card application. The form of the federal
post card application, which may be used both as an application for regis-
tration and for a ballot, shall be as follows :
(a) The cards shall be approximately nine and one-half (9V^) by four
and one-eighth (4^8) inches in size.
(b) Upon one side, perpendicular to the long dimension of the card,
there shall be printed in black type the following :
FILL OUT BOTH SIDES OF CARD
POST CARD APPLICATION FOR ABSENTEE BALLOT
State or Commonwealth of
(Fill in name of State or Commonwealth)
(1) I hereby request an absentee ballot to vote in the coming election:
(GENERAL) (PRIMARY)* (SPECIAL) ELECTION
(Strike out inapplicable words)
(2) *If a ballot is requested for a primary election, print your political
party affiliation or preference in this box: Q
(If primary election is secret in your state, do not answer).
(3) I am a citizen of the United States, eligible to vote in above state,
and am :
a. A member of the armed forces of the United States □
b. A member of the merchant marine of the United States □
e. A member of a religious or welfare organization assisting service-
men □
d, A civilian employed by the United States government outside the
United States (continental) □
e. A spouse or dependent of a person listed in (a), (h), or (c)
above □
273
23-1403 ELECTIONS
f. A spouse or dependent residing with a person described in (d)
above. D
(4) I was born on _
(Day) (Month) (Year)
(5) For years preceding the above election my home (not
military) residence in the above state has been
(Street and number or rural route, etc.)
The voting precinct or election district for this residence is
(Enter if known)
(6) Remarks :
(7) Mail my ballot to the following address:
(Unit (Co., Sq., Trp., Bn., Etc.), Governmental Agency or Office)
(Military Base, Station, Camp, Fort, Ship, Airfield, etc.)
(Street, Street No., APO, or FPO No.)
(City, Postal Zone, and State)
(8) I am NOT requesting a ballot from any other state and am not
voting in any other manner in this election, except by absentee process,
and have not voted and do not intend to vote in this election at any other
address.
(9) -
(Signature of person requesting ballot)
(10) -- -
(Full name, typed or printed, with rank or grade, and service number)
(11) Subscribed and sworn to before me on
(Day, month and year)
(Signature of official (Typed or printed
administering oath) name of official
administering oath.)
(Title or rank, service number and organization of administering official)
INSTRUCTIONS
A. Before filling out this form see your voting officer in regard to
the voting laws of your state and absentee registration and
voting procedure.
B. Type or print all entries except signatures. FILL OUT BOTH
SIDES OF CARD.
274
ABSENT ELECTORS IN UNITED STATES SERVICE 23-1405
C. Address card to proper state official. Your voting officer or com-
manding officer will furnish you with his title and address.
D. Mail card as soon as your state will accept your application.
E. No postage is required for the card.
(c) Upon the other side of the card there shall be printed in red type
the following :
FILL OUT BOTH SIDES OF THE CARD
(Name)
FREE OF U. S. POSTAGE
Including Air Mail
(Unit, Gov't Agency, or Office)
(Mil. Base, Station, Ship or Office)
(Street No., APO, or FPO No.)
(City, Postal Zone, State)
OFFICIAL ELECTION BALLOTING MATERIAL— VIA AIR MAIL
To:
(Title of election official)
(County or township)
(City or Town, State)
History: En. Sec. 3, Ch. 99, L. 1943;
amd. Sec. 8, Ch. 18, L. 1959.
23-1404. Oath for elector in the United States service. Any oath re-
quired for electors in the United States service to register, request a ballot
or vote may be administered and attested, within or without the United
States, by any commissioned officer in the active service of the armed
forces, or any member of the merchant marine of the United States desig-
nated for this purpose by the secretary of commerce, or any civilian official
empowered by state or federal law to administer oaths. No official seal
need be affixed to said oath and neither the elector nor the certifying offi-
cer need disclose his whereabouts at the time of taking said oath except to
the extent required by the federal post card application.
History: En. Sec. 4, Ch. 99, L. 1943;
amd. Sec. 9, Ch. 18, L. 1959.
23-1405. Classification of federal post card application. Upon receipt
by the county clerk of a federal post card application properly filled out
and signed under oath, the county clerk shall classify such federal post
card application according to the precinct in which the elector resides, and
275
23-1406 ELECTIONS
shall arrange the cards in each precinct in alphabetical order. The county
clerk shall, upon receipt of any federal post card application, immediately
enter upon the official register of the county in the proper precinct the full
information given by said elector. Immediately upon entry upon the offi-
cial register of the county of the name of the elector in the United States
service the county clerk shall send to him or her by the fastest mail service
available a notice that he has been registered and informing him that in
order to secure a ballot he must mail at any time within forty-five (45)
days next preceding the election another federal post card application to
his county clerk or city clerk or town clerk.
History: En. Sec. 5, Ch. 99, L. 1943;
amd. Sec. 10, Ch. 18, L. 1959.
23-1406. Penalty applicable. The penalty provided for by section 23-
503, in the case of an elector residing within the county who registers, is
hereby made applicable to violations of the provisions of this act.
History: En. Sec. 6, Ch. 99, L. 1943.
CHAPTER 15
REGISTRATION OF ELECTORS ABSENT FROM COUNTY OF THEIR
RESIDENCE
Section 23-1501. Method of registration of voters absent from county.
23-1502. Registration card mailed upon application.
23-1503. Questions asked and answered in writing.
23-1501. Method of registration of voters absent from county. Any
elector who is unable to make personal application for registration to vote
by appearing before the county clerk and ex officio registrar of the county
of his or her legal residence, by reason of being absent from the county,
may register to vote prior to the close of registration, before any 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 23-502, 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 resi-
dence is located in sufficient time to reach such county clerk and ex officio
registrar before the close of registration ; provided, however, such an
elector shall not be entitled to have his name entered in the official register
of electors until at least two (2) registered electors of the county in which
such elector desiring to be registered has his place of residence, as stated
in his application for registration, 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.
History: En. Sec. 1, Ch. 190, L. 1943. Collateral References
Elcctions<2=>216.1.
29 C.J.S. Elections § 210.
276
VOTING MACHINES 23-1601
23-1502. Reg-istration card mailed upon application. The county clerk
and ex officio registrar of the county of an elector's legal residence shall
furnish to any elector applying therefor, whether application be made by
mail, telegram or telephone, one (1) of the i)riiitod re^^istration cards pro-
vided for registration of electors, to be used by such elector in registering;
said card to be transmitted 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.
History: En. Sec, 2, Ch. 190, L. 1943.
23-1503. Questions asked and answered in writing. In the case of any
person who desires and who is entitled to register in the manner provided
in section 23-1501, the questions required by section 23-510, to be asked
each person registering, shall be propounded in writing and shall be trans-
mitted by the county clerk and ex officio registrar, together with regis-
tration 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 officio registrar, together with com-
pleted registration card.
History: En. Sec. 3, Ch. 190, L. 1943.
CHAPTER 16
VOTING MACHINES— CONDUCT OF ELECTION WHEN USED
Section 23-1601. Voting machines — secretary of state.
23-1602. Specifications of machines required.
23-1603. Purchase and use of voting machines at elections.
23-1604. Payment for machines, how provided for.
23-1605. Method of conducting elections.
23-1606. Assistance to elector unable to record vote.
23-1607. Ballots and instructions to voters.
23-1608. City and county clerks to set up machines for use.
23-1608A. Ballot — arrangement on machine.
23-1609. Irregular ballots.
23-1610. Counting the votes.
23-1611. Election returns.
23-1612. Election laws applicable.
23-1613. Penalty for neglect of duty by election officer.
23-1614. Penalty for tampering with or injuring machines.
23-1615. Penalty for violation of duty by judge of election,
23-1616. Penalty for fraudulent returns or certificates.
23-1617. Experimental use of machines — defective machines.
23-1618. Approved machines — continuation of use.
23-1601. (757) Voting machines — secretary of state. It shall be the
duty of the secretary of state to examine, or cause to be examined, all
voting or ballot machines in order to determine whether such machines
comply with the requirements of this chapter, and can safely be used by
voters at elections under the provisions of said chapter, and no machine or
machines shall be provided or used at any election in this state unless such
machine or machines shall have received the approval of the secretary of
state as herein provided. The secretary of state may employ two qualified
mechanics, who shall be qualified electors of the state of Montana, to ex-
amine said machines and assist him in the discharge of his duties under
277
23-1602 ELECTIONS
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 employed.
Any machine or machines which shall have the approval of the secretary of
state may be provided for in this chapter. The report of the secretary of
state on each and every kind of voting machine shall be filed in his office
within thirty days after examining the machine, and he shall, within five
days after the filing of any report approving 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 ap-
proved. No machine or machines shall be used unless they shall have re-
ceived 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 com-
pensation of the mechanics and all other expenses connected with the ex-
amination of any machine shall be paid, or cause to be paid, by the person
or company submitting a machine for examination before the filing of the
report thereon. The amount of such expenses shaU be certified by the
state auditor and paid by the state treasurer.
History: En. Sec. 1, Ch. 168, L. 1907; ployed not to designate a piece of paper,
Sec. 609, Eev. 0. 1907; re-en. Sec. 757, but a method to ensure, so far as possible,
E. C. M. 1921; amd. Sec. 1, Ch. 19, L. the secrecy and integrity of the popular
1943. vote. State ex rel. Fenner v. Keating, 53 M
.371, 377, 163 P 1156.
Constitutionality
Chapter 168, Laws 1907 (23-1601 et seq.) Collateral References
is not invalid as in contravention of sec- Elections<S=222.
tion 1, article IX of the constitution of 29 C.J.S. Elections § 203.
Montana, providing that all elections shall 26 Am. Jur. 2d 80, Elections, § 253.
be "by ballot," the term "ballot" being em-
23-1602. (758) Specifications of machines required. No machine or
machine 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 from
voting for any candidate for the same office or upon any question more
than once, and from voting for any person for any office or on any propo-
sition, 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 registered or recorded by the use of such device shall be counted
for each of such candidates on said ballot. The machine must be so con-
structed that it cannot be tampered with or manipulated for any fraudu-
lent 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 num-
278
VOTING MACHINES 23-1604
ber of votes registered or recorded for any candidate or for or against any
proposition.
History: En. Sec. 2, Ch. 168, L. 1907; the act and, when so read, it becomea ob-
Sec, 610, Rev. C. 1907; re-en. Sec. 758, vious that the act does not require a vot-
R. C. M. 1921; amd. Sec. 2, Ch, 19, L. ing machine which will be proof against
19*3. all tampering or manipulation, but one
Type of Machine Required rhii'^'n''^.^!^^ ^"t"'"^ operated will en-
^^ ^ able an elector to secretly cast his vote
In an action of quo warranto to deter- as he wishes to cast it and have it counted
mine the title to an office, the claim was as cast, and which cannot be tampered
made that the voting machines used at with or manipulated in such a way that
an election in one of the counties of the though properly operated by the elector'
state did not comply with the law which it would seem to receive and record his'
authorizes their use, basing the conten- vote without doing so. State ex rel. Fen-
tion upon the provision of above section, ner v. Keating, 53 M 371, 381, 163 P 1156.
that "the machine must be constructed
80 that it cannot be tampered with or Collateral References
manipulated for any fraudulent purpose." Elections<&=>27.
The provision quoted is, however, to be 29 C.J.S. Elections § 191.
read in connection with the remainder of
23-1603. (759) Purchase and use of voting machines at elections. The
boards of county commissioners of counties of the first class shall, and
the boards of county commissioners of other counties and city councils of
all cities and towns, may, at their option, adopt and purchase, for use in
the various precincts, any voting machine approved in the manner above
set forth in section 23-1601, by the secretary of state, and none other. If
it shall be impracticable to supply each and every election district with a
voting machine or voting machines at any election following the adoption
of such machines in a city, village, or town, as many may be supplied
as it is practicable to procure, and the same shall be used in such precinct
of the municipality, as the proper officers may order. The proper officers
of any city, village, or town may, not later than the tenth (10th) day of
September, in any year in which a general election is held, unite two or
more precincts into one for the purpose of using therein at such election a
voting machine, and the notice of such uniting shall be given in the manner
prescribed by law for the change of election districts.
History: En. Sec. 3, Ch. 168, L. 1907; Collateral References
Sec. 611, Rev. C. 1907; amd. Sec. 1, Ch. 6, Electionse='2''2
L. 1909; re-en. Sec. 759, R. C. M. 1921; 29 C.J.S. Elections S 203.
amd. Sec. 1, Ch. 26, L. 1947. 26 Am. Jur. 2d 80, Elections, § 253.
23-1604. (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 obligation, which will
be a charge upon such county, city, or town. Such bonds, certificates, or
other obligation may be made payable at such time or times, not exceeding
ten years from the date of issue, as may be determined, but shall not be
issued or sold at less than par.
History: En. Sec. 4, Ch. 168, L. 1907; Collateral References
l^% 5i^o?^• °' ^^^'^' ^^'^'^' ^®*^- '^^°' Counties€=»164, 173 (1); Municipal Cor-
B. C. M. 1921. porations®='897, 910.
20 C.J.S. Counties §§248, 258; 64 C.J.S.
Municipal Corporations §§ 1893, 1905.
279
23-1605 ELECTIONS
23-1605. (761) Method of conducting elections. (1) The room in
which the election is held shall have a railing separating that part of the
room to be occupied by the election officers from that part of the room
occupied by the voting machine. The exterior of the voting machine and
every part of the polling place shall be in plain view of the judges. The
machine shall be so placed that no person on the opposite side of the railing
can see or determine how the voter casts his vote, and that no person can
so see or determine from the outside of the room. After the opening of the
polls, the judges shall not allow any person to pass within the railing to
that part of the room where the machine is situated, except for the purpose
of voting and except as provided in the next succeeding section of this
act ; and they shall not permit more than one voter at a time to be in such
part of the room. They shall not themselves remain or permit any person
to remain in any position that would permit him or them to see or ascertain
how the voter votes or how he has voted. No voter shall remain within the
voting machine booth or compartment longer than one minute, and if he
should refuse to leave it after that lapse of time he shall at once be
removed by the judges. The election board of each election precinct in
which a voting machine is used shall consist of three judges of election.
Where more than one machine is to be used in an election precinct, one
additional judge shall be appointed for each additional machine. Before
each election at which voting machines are to be used, the custodian shall
instruct all judges of election that are to serve thereat in the use of the
machine and their duties in connection therewith; and he shall give to
each judge that has received such instruction, and is fully qualified to
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.
(2) Each judge of election shall attend such meeting or meetings and
receive such instructions as shall be necessary for the proper conduct of
the election with the machine; and, as compensation for the time spent in
receiving such instruction, each judge that shall qualify for and serve in
the election shall receive the sum of one dollar, to be paid to him at the
same time and in the same manner as compensation is paid to him for his
services on election day. No such judge of election shall serve in any elec-
tion at which a voting machine is used, unless he shall have received
such instruction and is fully qualified to perform his duties in connection
with the machine, and has received a certificate to that effect from the cus-
todian of the machines; provided, however, that this shall not prevent the
appointment of a judge of election to fill a vacancy in an emergency.
History: En. Sec. 5, Ch. 168, L. 1907; Collateral References
Sec. 613, Rev. C. 1907; amd. Sec. 1, Ch. 99, Elections<S=222.
L. 1909; re-en. Sec. 761, R. C. M. 1921. 29 C.J.S. Elections § 203.
23-1606. (762) Assistance to elector unable to record vote. If any
voter shall, in the presence of the judges of election, declare that he is un-
able 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
280
VOTING MACHINES 23-1607
the voting machine, he shall be assisted as provided by section 23-1213.
Any person who shall deceive any elector in registering or recording his
vote under this section, or who shall register or record his vote in any other
way than as requested by such person or who shall give information to any
person as to what ticket or for what person or persons such person voted,
shall be punished as provided in section 94-1407.
History: Er. Sec. 6, Ch. 168, L. 1907; Collateral References
Sec. 614, Rev. C. 1907; re-en. Sec. 762, Eleotionse=>220.
R. C. M, 1921; amd. Sec. 1, Ch. 31, L. 29 C.J.S. Elections § 2P8.
1935. 26 Am. Jur. 2d 68, Elections, § 238.
23-1607. (7C3) Ballots and instructions to voters. (1) Not more than
ten (10) or less than three (3) days before each election at which voting
machines are to be used, the board, or ofiBcials, charged with the duty of
providing ballots, shall publish in newspapers representing at least two (2)
political parties a diagram of reduced size showing the face of the voting
machine, after the official ballot labels are arranged thereon, together
with illustrated instructions how to vote, and a statement of the locations
of such voting machines as shall be on public exhibition ; a voting machine
shall at all time be on exhibition for public demonstration in the ofiBce 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 otherwise at least three (3) days before the
election, a printed copy of said reduced diagram to each registered voter.
(2) Not later than forty (40) days before each election at which vot-
ing machines are to be used the secretary of state shall prepare samples
of the printed matter and supplies named in this section, and shall furnish
one of each thereof to the board or officials having charge of election in
each county, city, or village in which the machines are to be used, such
samples to meet the requirements of the election to be held, and to suit
the construction of the machine to be used.
(3) 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 custodian preparing the machine,
can certify that the voting machine has been examined and found to have
been properly prepared for the election ; one certificate on which the party
representatives can verify that they have witnessed the testing and prepara-
tion of the machines ; one certificate on which the deliverer of the machine
can certify that he has delivered the machines to the polling places in good
order; one card stating the penalty for tampering with or injuring a
voting machine ; two seals for sealing the voting machine ; one envelope in
which the keys to the voting machine can be sealed and delivered to the
election officers, said envelope to have printed or written thereon the des-
281
23-1607 ELECTIONS
ignation and location of the election district in which the machine is to be
used, the number of machine, the number shoAvn on the protective counter
thereof after the machine has been prepared for the election and the num-
ber or other designation on such seal as the machine is sealed with ; said
envelope to have attached to it a detachable receipt for the delivery of
the keys of the voting machine to the judge of election; one envelope in
which keys to the voting machine can be returned by the election officers
after the election ; one card stating the name and telephone address of
the custodian on the day of the election; two statements of canvass on
which the election officers can report the canvass of votes as shown on
the voting machine, together with other necessary information relating to
the election, said statements of canvass to take the place of all tally
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 elec-
tion have attended the instruction meeting, have received the necessary
instruction, and are qualified to conduct the election with the machine.
(4) The ballot labels shall be printed in black ink on clear white ma-
terial 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 condensed statement of each question to be voted on, followed
by the words "Yes" and "No"; and provided further, that the titles of
the officers thereon shall be printed in type as large as the space for each
office will reasonably permit, and wherever more than one candidate will
be voted for for an office, there shall be printed below the office title thereof
the words "vote for any two," or such number as the voter is lawfully en-
titled to vote for for such office.
(5) "When any person is nominated for an office by more than one
political party his name shall be placed upon the ticket under the desig-
nation of the party which first nominated him ; or, if nominated by more
than one party at the same time, he shall, within the time fixed by law
for filing certificates of nomination, file with the officer with whom his cer-
tificate of nomination is required to be filed, a written statement indicating
the party designation under which he desires his name to appear upon the
ballot, and it shall be so printed. If he shall refuse or neglect to so file such
a statement, the officer with whom the certificate of nomination is required
to be filed shall place his name under the designation of either of the par-
ties nominating him, but under no other designation whatsoever.
(6) If the election be one at which all the candidates for office of presi-
dential electors are to be voted for with one device, the county com-
missioners shall furnish for each machine twenty-five (25) ballots for each
political party, each ballot containing the names of the candidates for the
office of presidential electors of such party and a suitable space for writing
in names, so that the voter can vote thereon for part of the candidates for
the office of presidential electors of one party and part of the candidates
282
VOTING MACHINES 23-1608
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 contain a column in which can
be entered the number of each voter's ballot as indicated by the number
registered on the public counter as he emerges from the voting machine.
History: En. Sec. 7, Ch. 168, L. 1907; Collateral References
Sec. 616, Rev. C. 1907; amd. Sec. 2, Ch. 99, Elections<S=»222.
L. 1909; amd. Sec. 1, Ch. 246, L. 1921; 29 C.J.S. Elections S 203.
re-en. Sec. 763, R. C. M. 1921. "*
23-1608. (764) City and county clerks to set up machines for use.
(1) The city or county clerks of each city or county in which a voting
machine is to be used shall cause the proper ballots to be put upon each
machine corresponding with the sample ballots herein provided for, and
the machines in every way put in order, set and adjusted ready for use
in voting when delivered at the precinct, and for the purpose of so labeling
the machines, putting in order, setting and adjusting the same, they may
employ one or more competent persons, and they shall cause the machine
so labeled, in order and set and adjusted, to be delivered at the voting
precinct, together with all necessary furniture and appliances that go with
the same in the room where the election is to be held in the precinct, in
time for the opening of the polls on election day; provided, however,
that a shield of tin painted black made to conform with the shape of the
keys or levers on said voting machine, shall be placed over the keys or
levers not in use on the face of the ballot of the voting machine; said
shields to be plainly marked with the words "not in use."
(2) In primary elections a separate row or column shall be assigned
to each political party and at least one row or column shall separate the
rows assigned to the two major political parties as defined in section 23-
1107. In this row or column shall be placed the nonpartisan judicial ballot.
In general elections the ballot on the voting machines shall be arranged
and the names of the candidates for each office rotated to conform as nearly
as possible to the requirements for paper ballots set forth in section 23-
1107. The names of the candidates of the two major parties as defined in
section 23-1107 shall appear in and be rotated between the first two hori-
zontal rows or vertical columns, and the names of the candidates of minor
parties and independent candidates shall appear in and be rotated between
succeeding rows or columns ; provided, however, that the arrangement of the
ballot shall be uniform on all machines in the same precinct. The party des-
ignation of each candidate shall be printed after or below his name in
type as large as the design of the machine will allow.
(3) The nonpartisan judicial ballot shall be placed in the first two
horizontal or vertical rows or columns in the same position as prescribed
for judicial candidates in section 23-1111.
(4) 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
283
23-1608A ELECTIONS
otherwise in perfect order, and they shall not thereafter permit the ma-
chine to be operated or moved except by electors in voting, and they
shall also see that all necessary arrangements and adjustments are made
for voting irregular ballots on tJie machine, if such machine be so arranged.
History: En. Sec. 8, Ch. 168, L. 1907; 246, L. 1921; re-en. Sec. 764, B. C. M.
Sec. 616, Rev. C. 1907; amd. Sec. 2, Ch. 1921; amd. Sec. 1, Ch. 20, L. 1959.
23-1608A. Ballot — arrangement on machine. The arrangement of the
general election ballot on voting machines with horizontal rows shall be,
as nearly as possible, in the following form :
284
VOTING MACHINES
23-1608A
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285
23-1609
ELECTIONS
The arrangement of the general election ballot on voting machines
with vertical columns shall be, as nearly as possible, in the following form :
Offices Candidates Candidates
1 Candidates
Candidates
Initiatives, Referendums
and Constitutional
Amendments
FOR PRESIDEN- Democrat Republican
TIAL ELECTORS JOHN DOE 1 FRANK MOB
TO VOTE FOR for President for President
1
1
CONSTITU-
TIONAL
AMENDMENT
VICE-PRESIDENT for
OF THE LMTEU Vice-President
STATES John Doe,
VoU for one Ella Moe
1 Jane Roe,
1 Tom Voe
for
Jane Doe,
Jo.iii .Moe
Tom Roe,
John Voc
UNITED STATES TOM COE
SENATOR BepubUcan
Vote for one
JACK MOE
Democrat
JOE HOE
Socialist
FOR
REPRESENTA-
TIVE IN
JOE DOE
MIKE ORE
Republican
AGAINST
CONGRESS Democrat
Vote for one |
GOVERNOR BILL COB
Vote for one Republican
TOM ROE
Democrat
(Same for 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,
Absociate Justice of the Supreme Court and District
ludges.)
STATE SENATOR , JOE COE , TOM DOE :
Vote for one ] Republican ' Democrat |
INITIATIVE
NO. 1
JACK BOB ALLEN JOE
Democrat | Republican
I
MIKE FOE
Independent
JIM GOE
Socialist
BILL LOE
Prohibition
FOB
MEMBER OF THE i Democrat
HOUSE OF REP- |
RESENTATIVES BILL DOE
Republican
JOE MOE
Democrat
EARL ROB
Republican
AGAINST
FRANK HOB
Democrat
COUNTY 1
COMMISSIONER JOHN DOE
Vote for one Democrat
MIKE ROE
Republican
(Same for all County and Township ofQces.)
History:
20, L. 1959.
En. 23-1608A by Sec. 2, Ch.
Compiler's Note
The compiler deleted a repetitiou of the
word "Justice" in the sixth line of the
parentlietical note in the ballot form for
voting machines with vertical columns.
23-1609. (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 ballots 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
286
VOTING MACHINES 23-1611
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 par-
ties with one or more persons not in nomination, or he may vote in such
irregular device a presidential electoral ticket composed entirely of
names of persons not in nomination.
History: En. Sec. 9, Ch. 168, L. 1907;
Sec. 617, Rev, C. 1907; re-en. Sec. 765,
R. C. M. 1921.
23-1610. (766) Counting the votes. As soon as the polls of the elec-
tion are closed the judges shall immediately lock the machine, or remove
the recording device so as to provide against voting, and open the register-
ing or recording compartments in the presence of any person desiring to
attend the same, and shall proceed to ascertain the number of votes cast
for each person voted for at the election, and to canvass, record, announce,
and return the same as provided by law.
History: En. Sec. 10, Ch. 168, L. 1907; Collateral References
Sec. 618, Rev. C. 1907; re-en. Sec. 766, Elections<S=>222.
R. C. M. 1921. 29 C.J.S. Elections § 203.
23-1611. (767) Election returns. (1) The judges, as soon as the
count is completed and fully ascertained, shall place the machine for one
(1) 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 num-
ber of votes cast for each person voted for at the election, must be per-
mitted to do so. Immediately after the above said one (1) hour shall have
expired the judges shall seal, close, lock the machine or remove the record
so as to provide against voting or being tampered with, and in case of a
machine so sealed or locked, it shall so remain for a period of at least
twenty (20) days, except when used in a municipal primary nominating
election, unless opened by order of a court of competent jurisdiction or
the county recount board. Whenever a machine has been used in a mu-
nicipal primary nominating election, it shall remain sealed and locked for
a period of at least five (5) days, unless opened by order of a court of
competent jurisdiction. When irregular ballots have been voted, the judges
shall return them in a properly sealed package endorsed "irregular ballots,"
and indicating the precinct and county and file such package with the city
or county clerk. It shall be preserved for six (6) months after such election
and may be opened and its contents examined only upon an order of a
court of competent jurisdiction or the county recount board; 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.
(2) The officers heretofore charged with the duty of furnishing tally
sheets and return blanks shall furnish suitable return blanks and certificates
to the officers of election. Such return sheets shall have each candidate's
name designated by the same reference character that said candidate's name
bears on the ballot labels and counters, and shall make provision for writing
287
23-1612 ELECTIONS
in of the vote for such candidate in figures and shall also provide for writ-
ing in of the vote in words. Such return sheet shall also provide for the re-
turn 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 coun-
ter, if any, and except as otherwise noted thereon, stood at "000" at the be-
ginning of the election, and that all of said counters had been carefully
examined before the beginning of the election; that the ballot labels were
correctly placed on the machine and correspond to the sample ballot, and
such other statements as the particular machine may require; and shall
provide for the signature of the election ofiBcers. Said return sheet shall
also have thereon a second certificate stating the manner of closing the
polls, the manner of verifying the returns, that the foregoing returns are
correct, giving the indication of the public counter, and poll list, and pro-
tective 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 ofificers can properly subscribe to it as hav-
ing been followed and shall have provisions for the signature of the elec-
tion 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.
History: En. Sec. 11, Ch. 168, L. 1907; Collateral References
Sec. 619, Rev. C. 1907; amd. Sec. 3, Ch. Eleetions€=^248, 250
246, L. 1921; re-en. Sec. 767, R. C. M. 29 C.J.S. Elections SS 230, 231.
1921; amd. Sec. 16, Ch. 42, L. 1963; amd. ='*
Sec. 1, Ch. 57, L. 1963; amd. Sec. 10, Ch.
156, L. 1965.
23-1612. (768) Election laws applicable. All laws of this state ap-
plicable to elections where voting is done in another manner than by ma-
chine, 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.
History: En. Sec. 12, Ch. 168, L. 1907;
Sec. 620, Rev. C. 1907; re-en. Sec. 768,
R. C. M. 1921.
23-1613. (769) Penalty for neglect of duty by election oflBcer. Any
public officer, or any election officer upon whom any duty is imposed by this
act, Avho shall willfully neglect or omit to perform any such duties, or do
any act prohibited herein for which punishment is not otherwise provided
herein, shall, upon conviction, be imprisoned in the state prison for not less
than one year or more than three years, or be fined in any sum not exceed-
ing one thousand dollars, or may be punished by both such imprisonment
and fine.
History: En. Sec. 13, Ch. 168, L. 1907; Collateral References
Sec. 621, Rev. C. 1907; re-en. Sec. 769, ElecfionsC^SH.
R. C. M. 1921. 29 CJ.S. Elections § 327.
288
VOTING MACHINES 23-1617
23-1614. (770) Penalty for tampering with or injuring machines. Any
person not bemg an election ofificer 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, injure, or
impair the same in any manner, or mutilate, injure, or destroy any ballot
placed thereon or to be placed thereon, or any other appliance used in con-
nection 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.
History: En. Sec. 14, Ch. 168, L. 1907; Collateral References
Sec. 622, Rev. C. 1907; re-en. Sec. 770, Elections®='309.
R. C. M. 1921. 29 C.J.S. Elections §§ 324, 334,
23-1615. (771) Penalty for violation of duty by judge of election.
Whoever, being a judge of election, with intent to permit or cause any
voting machine to fail to correctly register or record any vote cast thereon,
tampers with or disarranges such machine in any way, or any part or
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 de-
frauding or deceiving any voter, or of causing it to be doubtful for
what ticket or candidate or candidates or proposition any vote is cast, or
of causing it to appear upon said machine that votes cast for one ticket,
candidate, or proposition were cast for another ticket, candidate, or propo-
sition, 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.
History: En. Sec. 15, Ch. 168, L. 1907;
Sec. 623, Rev. C. 1907; re-en. Sec. 771,
R. C. M. 1921.
23-1616. (772) Penalty for fraudulent returns or certificates. Any
judge or clerk of an election who shall purposely cause the vote registered
or recorded on or in such machine to be incorrectly taken down as to any
candidate or proposition voted on, or who shall knowingly cause to be made
or signed any false statement, certificate, or return of any kind, of such
vote, or who shall knowingly consent to such things, or any of them, being
done, shall be imprisoned in the state prison not more than ten years, or
fined not more than one thousand dollars or punished by both such fine and
imprisonment.
History: En. Sec. 16, Ch. 168, L. 1907;
Sec. 624, Rev. C. 1907; re-en. Sec. 772,
R, C. M. 1921.
23-1617. (773) Experimental use of machines — defective machines.
The proper officers authorized by section 23-1603 to adopt voting machines,
may provide for the experimental use at an election of a machine or ma-
chines, approved by the secretary of state, in one or more precincts, without
a formal adoption or purchase thereof, and the use thereof at such election
289
23-1618 ELECTIONS
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.
History: En. Sec. 17, Ch. 168, L. 1907; re-en. Sec. 773, R. C. M. 1921; amd. Sec.
Sec. 625, Rev. C. 1907; amd. Sec. 3, Ch. 99, 3, Ch. 19, L. 1943.
L. 1909; amd. Sec. 4, Ch. 246, L. 1921;
23-1618. Approved machines — continuation of use. All voting ma-
chines heretofore approved in accordance with the provisions of said sec-
tions 23-1601 and 23-1602 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 provisions of said sections as hereby amended.
History: En. Sec. 4, Oh. 19, L. 1943.
CHAPTER 17
ELECTION EETUKNS
Section 23-1701. Canvass to be public and without adjournment.
23-1702. Mode of canvassing.
23-1703. Where ballots are in excess of names on pollbooks.
23-1704. What ballots must be counted.
23-1705. Ascertaining the number of votes cast and persons voted for.
23-1706. Ballots to be strung and enclosed in sealed envelopes.
23-1707. Rejected ballots.
23-1708. Pollbooks — signing and certification of.
23-1709. Election returns by judges — how made.
23-1710. Custody of election returns.
23-1711. Delivery to county clerk.
23-1712. Filing of ballots and stubs by county clerk.
23-1713. Keeping returns pending contest.
23-1714. Disposition of returns prior to canvass of vote.
23-1715. Clerk to file in his office books, papers, etc.
23-1701. (774) Canvass to be public and without adjournment. As
soon as the polls are closed, the judges must immediately proceed to can-
vass 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.
History: Ap. p. Sec. 22, p. 380, Bannack References
Stat.; re-en. sec 22, p 464 Cod. Stat. Harrington v. Crichton, 53 M 388. 392,
i '^ll'^'^-J^^l ^i^- ll^' JfJ^ ""'"• 164 P 537; Maddox v. Board of State
III- in?; ih Sv ^ni^'n^lf /?I«i ""^- Canvassers,' 116 M 217, 223, 149 P 2d 112
Sec. 1027, 5th Div. Comp. Stat. 1887; amd.
Sec. 1400, Pol. C. 1895; re-en. Sec. 572, Collateral References
fo^V n^'^l^V' n^V' .nil- '^'^^' ^- ^- ^' Elections©=>259-261.
1921. Cal. Pol. C. Sec. 1262. 29 C.J.S. Elections § 237.
26 Am. Jur. 2d 122, Elections, § 298.
23-1702. (775) Mode of canvassing. The canvass must commence
by a comparison of the pollbooks from the commencement, and the cor-
290
I
I
ELECTION RETURNS
23-1704
rection of any mistakes that may be found therein, until they are found
to agree. The judges must then take out of the box the ballots unopened
except to ascertain whether each ballot is single, and count the same to
determine whether the number of ballots corresponds with the number
of names on tlie pollbooks. 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 pollbooks and further considering the appearance
of such ballots, a majority of the judges are of the opinion that the bal-
lots thus folded together were voted by one elector, they must be rejected;
otherwise they must be counted.
History: Ap. p. Sec. 23, p. 380, Ban-
nack Stat.; re-en. Sec. 23, p. 464, Cod.
Stat. 1871; re-en. Sec. 22, p. 75, L. 1876;
re-en. Sec. 546, 5th Div. Rev. Stat. 1879;
re-en. Sec. 1028, 5tli Div. Comp. Stat. 1887;
amd. Sec. 1401, Pol. C. 1895; re-en. Sec.
573, Rev. C. 1907; re-en. Sec. 775, R. C. M.
1921; amd. Sec. 12, Ch. 64, L. 1959. Cal.
Pol. C. Sec. 1253.
References
Harrington v. Crichton, 53 M 388, 392,
164 P 537.
Collateral References
Elections<S='257.
29 C.J.S. Elections § 237 (3).
26 Am. Jur. 2d 122, Elections, § 298.
23-1703. (776) Where ballots are in excess of names on pollbooks.
If the ballots then are found to exceed in number the whole number of
names on the pollbooks, 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 pollbooks of the number of ballots so destroyed.
References
State ex rel. Eiley v. District Court, 103
M 576, 588, 64 P 2d 115.
History: Ap. p. Sec. 24, p. 380, Ban-
nack Stat.; re-en. Sec. 24, p. 464, Cod.
Stat. 1871; re-en. Sec. 23, p. 76, L. 1876;
re-en. Sec. 537, 5th Div. Rev. Stat. 1879;
re-en. Sec. 1029, 5th Div. Comp. Stat.
1887; amd. Sec. 1402, Pol. C. 1895; re-en.
Sec. 574, Rev. C. 1907; re-en. Sec. 776,
R. C. M. 1921; amd. Sec. 13, Ch. 64, L.
1959. Cal. Pol. C. Sec. 1255.
Collateral References
ElectionsC=>241.
29 C.J.S. Elections §224.
23-1704. (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
oflficial 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.
History: En. Sec. 30, p. 143, L. 1889;
re-en. Sec. 1403, Pol. C. 1895; re-en. Sec.
575, Rev. C. 1907; re-en. Sec. 777, R. C. M.
1921.
Indistinct and Irregular Marking of Bal-
lots
Where, from the manner in which a
ballot was marked, it was impossible to
determine the elector's choice, the ballot
was void under this section, and should
not have been counted in an election con-
test. Carwile v. Jones, 38 M 590, 598, 101
P 1.53.
A ballot bearing a rather indistinct "X"
before contestant's name but sufficient to
be discernible should have been counted
for him where there was no erasure and
the elector voted for no other candidate
for that office; and under the rule that.
291
23-1705
ELECTIONS
the elector's intention must plainly ap-
pear, where the voter marked two squares
for the oflSce of sheriff, one of which
showed an extra line through the "X" in-
dicating perhaps, that the voter changed
his mind but for the fact that squares
before the names of other candidates were
marked similarly, the intention was not
clear and the ballot should not have been
counted. Peterson v. Billings, 109 M 390,
392, 96 P 2d 922.
Liberal Construction — Intention of Voter
Under this section, and the rule that
election laws must be liberally construed,
a ballot showing the intersection of the
"X" outside the square should have been
counted for contestant, and one showing
the intersection of the cross squarely on
the line of the square was properly so
counted for him. Peterson v. Billings, 109
M 390, 393, 96 P 2d 922.
Official Stamp Missing
This section was enacted prior to tho
provision for a stub at the head of the
ballot. The legislature, by providing for
the stub to be numbered, and to be re-
moved only at the time of depositing the
ballot in the ballot box, has hit upon an
effective method of guarding against fraud
and illegal voting, and has ensured tho
deposit of the ballot in the ballot box,
and the provisions of the section should
now be construed in the light of the
changed conditions. Hence where ballots
had been delivered to electors by the
judges of election with the official stamp
apparently in the place in which tho law
requires it to be, althougli in reality it
was on the stub instead of on the ballot
proper, the act of the judges in removing
the stamp with the stub, thus leaving the
ballot without the official designation, did
not render the ballots void, and the same
should have been counted. Harrington v.
Crichton, 53 M 388, 396, 164 P 537.
School Elections
The validity of contested school elec-
tions is determined by the laws of general
elections as set forth in this section. Wool-
sey V. Carney, 141 M 476, 378 P 2d 658.
References
State ex rcl. Brooks v. Fransham, 19
M 273, 292, 48 P 1 ; Goodell v. Jiiditli
Basin County, 70 M 222, 242, 224 P 1110;
State ex rel. Riley v. District Court, 103 M
576, 588, 64 P 2d 115.
Collateral References
Elcctions<&='224.
29 C.J.S. Elections § 21L
23-1705. (778) Ascertaining the number of votes cast and persons
voted for. The ballots and poll lists agreeing or being made to agree, the
judges must then proceed to count and ascertain the number of votes cast
for each person voted for. In making such count the ballots must be opened
singly by one of the judges, and the contents thereof, while exposed to the
view of the other judges, must be distinctly read aloud by the judge who
opens the ballot. As the ballots are read, each clerk must write at full length
on a sheet to be known as a tally sheet the name of every person voted
for and of the office for which he received votes, and keep by tallies on
such sheet the number of votes for each person. The tally sheets must
then be compared and their correctness ascertained, and the clerks must,
under the supervision of the judges, immediately thereafter set down, at
length and in their proper places in the poUbooks, the names of all per-
sons 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.
History: Ap. p. Sec. 25, p. 380, Ban-
nack Stat.; re-en. Sec. 25, p. 464, Cod. Stat.
1871; re-en. Sec. 24, p. 76, L. 1876; re-en.
Sec. 538, 5th Dlv. Rev. Stat. 1879; re-en.
Sec. 1030, 5th Dlv. Comp. Stat. 1887; amd.
Sec. 1404, Pol. C. 1895; re-en. Sec. 576,
Rev. C. 1907; re-en. Sec. 778, R. C. M.
1921.
References
Dubie v. Batani, 97 M 468, 476, 37 P
2d 662; Maddox v. Board of State Can-
vassers, 116 M 217, 223, 149 P 2d 112;
State ex rel. Thomas v. District Court,
116 M 510, 513, 154 P 2d 980.
Collateral References
Elections<&='241.
29 C.J.S. Elections § 224.
292
ELECTION RETURNS 23-1709
23-1706. (779) Ballots to be strung and enclosed in sealed envelopes.
The ballots, as soon as read or rejected for illefjality, must be strung upon a
string by one of the judges, and must not thereafter be examined by any
person, but must, as soon as all legal ballots are counted, be carefully sealed
in a strong envelope, each member of the judges writing his name across
the seal.
History: En. Sec. 1405, Pol. C. 1895; prevent tho ascertainment of tho result
re-en. Sec. 577, Rev. C. 1907; re-en. Sec. of tho election, and was insufficient to
779, R. C. M. 1921. Cal. Pol. C. Sec. 1259. impeach tho returns of *hc precinct. Dubie
V. Batani, 97 M 4G8, 479, 37 P 2d 662.
FaUure To String Voted Ballots
Failure of the judges of election of a CoUateral References
voting precinct to place the voted ballots Election3<>=255.
on a string in compliance with the provi- 29 C.J.S. Elections § 234.
sions of this section did not obstruct or
23-1707. (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 state-
ment of the reasons for the rejection, which statement must be dated and
signed by a majority of the judges.
History: En. Sec. 1406, Pol. C. 1895; Collateral References
re-en. Sec. 578, Rev. C. 1907; re-en. Sec. EIections<S='224.
780, R. C. M. 1921. 29 C.J.S. Elections § 211.
23-1708. (781) PoUbooks — signing and certification of. As soon as all
the votes are counted and the ballots sealed up, the pollbooks must be
signed and certified to by the judges and clerks of election substantially as
in the form in section 23-702.
History: En. Sec. 1407, Pol. C. 1895;
re-en. Sec, 579, Rev. C. 1907; re-en. Sec.
781, R. C. M. 1921.
23-1709. (782) Election returns by judges — how made. The judges
must, before they adjourn, enclose in a strong envelope, securely sealed
and directed to the county clerk, the precinct registers, all certificates of
registration received by them, the lists of persons challenged, both of the
pollbooks, both of the tally sheets, and the official oaths taken by the judges
and clerks of election ; and must enclose in a separate package or envelope,
securely sealed and directed to the county clerk, all unused ballots with
the numbered stubs attached ; and must also enclose in a separate pack-
age or envelope, securely sealed and directed to the county clerk, all
ballots voted, including all voted ballots Avhich, for any reason, were not
counted or allowed, and all detached stubs from ballots voted, and en-
dorse 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.
History: Ap. p. Sec. 1408, Pol. C. 1895; Construction
amd. Sec. 6, Ch. 88, L. 1907; re-en. Sec. rj,^^ ^^^ contemplates that the election
580, Rev. C. 1907; re-en. Sec. 782, R. C. M. ^oard in the precinct will return to the
1921; amd. Sec. 1, Ch. 112, L. 1937; amd. ^.j^j.^ and recorder but one tally sheet and
Sec. 1, Ch. 65, L. 1943; amd. Sec. 1, Ch. ^^^ ^opy of the pollbook. State ex rel.
23, L. 1945; amd. Sec. 14, Ch. 64, L. 1959. Lynch v. Batani, 103 M 353, 361, 62 P
2d 565.
293
23-1710 ELECTIONS
References Collateral Eeferences
Dubie V. Batani, 97 M 468, 478, 37 P 2d Electionse=>241, 248-250.
662. 29 C.J.S. Elections §§ 224, 230, 231.
23-1710. (784) Custody of election returns. The sealed envelope con-
taining the check lists, certificates of registration, pollbook, tally sheets,
oaths of election officers, also the package or envelope containing the voted
ballots and detached 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.
History: Ap. p. Sec. 1410, Pol. C. 1895; Collateral References
amd. Sec. 7, Ch. 88, L. 1907; re-en. Sec. Elections<3=»251
582, Rev. C. 1907; re-en. Sec. 784, R. C. M. £9 C.J.S. Elections S 232.
1921; amd. Sec. 2, Ch. 23, L. 1945. Cal. '^
Pol. C. Sec. 1263.
23-1711. (785) Delivery to county clerk. The judges to whom such
packages are delivered must, within twenty-four hours, deliver them, with-
out their having been opened, to the county clerk, or convey the same, un-
opened, to the post office nearest the house in which the election for such
precinct was held, and register and mail the same, duly directed to the said
clerk.
History: En. Sec. 1411, Pol. C. 1895;
re-en. Sec. 583, Rev. C. 1907; re-en. Sec.
785, R. C. M. 1921.
23-1712. (786) Filing of ballots and stubs by county clerk. Upon the
receipt 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 or a recount is had as provided by law, he must burn
such packages, or envelopes, without opening or examining their con-
tents.
History: Ap. p. Sec. 1412, Pol. C. 1895; Collateral References
amd. Sec. 8, Ch. 88, L. 1907; re-en. Sec. Elections^^^SS
584, Rev. C. 1907; re-en. Sec. 786, R. C. M. 29 C.J.S. Elections 8 234.
1921; amd. Sec. 3, Ch. 23, L. 1945; amd. *
Sec. 17, Ch. 42, L. 1963. Cal. Pol. C. Sec.
1265.
23-1713. (787) Keeping returns pending contest. If, within twelve
months, there is such a contest commenced, he must keep the packages of
envelopes 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.
History: Ap. p. Sec. 1413, Pol. C. 1895; References
amd. Sec. 9, Ch. 88, L. 1907; re-en. Sec. Lane v. Bailey, 29 M 548, 560, 75 P 191.
585, Rev. C. 1907; re-en. Sec. 787, R. C. M.
1921. Cal. Pol. C. Sec. 1266.
294
CANVASS OF ELECTION RETURNS 23-1802
23-1714. (788) Disposition of returns prior to canvass of vote. The
envelopes containing the precinct registers, certificates of registration,
pollbooks, 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.
History: Ap. p. Sec. 1414, Pol. C, 1895; References
^fa^^^'^'n^^J^i- ^^' ^'J^^Vor'^^'-Jl^,- ^I^ddox V. Board of State Canvassers,
586, Rev. C. 1907; re-en. Sec. 788, R. C. M. iig \r ''l? "^r 140 p o-i no
1921; amd. Sec. 15, Ch. 64, L. 1959. ' " ' ^ "^ "
23-1715. (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 pollbooks,
election records and the papers produced before the board from the pack-
age mentioned in the next preceding section.
History: En. Sec. 1415, Pol. C. 1895; 789, R. C. M. 1921; amd. Sec. 16, Ch. 64,
re-en. Sec. 587, Rev. C. 1907; re-en. Sec. L. 1959. Cal. Pol. C. Sec. 1268.
CHAPTER 18
CANVASS OF ELECTION RETURNS— RESULTS AND CERTIFICATES
Section 23-1801. Meeting of county commissioners to canvass returns.
23-1802. In case of absence certain county officers to act.
23-1803. Canvass to be postponed, when.
23-1804. Canvass to be public.
23-1805. Statement of the result to be entered of record.
23-1806. Plurality to elect.
23-1807. Duty of canvassing board.
23-1808. Certificates issued by the clerk.
23-1809 to 23-1811. Repealed.
23-1812. State returns, how made.
23-1813. How transmitted.
23-1814. State canvassers, composition and meeting of board.
23-1815. Messenger may be sent for returns — his duty and compensation.
23-1816. Governor to issue commissions.
23-1817. Defect in form of returns to be disregarded.
23-1818. Duty of secretary of state to print election laws.
23-1819. Penalties.
23-1801. (790) Meeting of county commissioners to canvass returns.
The board of county commissioners of each county is ex officio a board of
county canvassers for the county, and must meet as the board of county
canvassers at the usual place of meeting of the county commissioners within
ten days after each election, at twelve o'clock noon, to canvass the returns.
History: En. Sec. 2, p. 299, L. 1891; Wulf v. McGrath, 111 M 96, 100, 106 P
amd. Sec. 1430, Pol. C. 1895; re-en. Sec. 2d 183; Maddox v. Board of State Can-
588, Rev. C. 1907; re-en. Sec. 790, R. C. M. vassers, 116 M 217, 225, 149 P 2d 112.
1921. Cal. Pol. C. Sec. 1278. CoUateral References
References EIections<3=3258.
State ex rel. Cryderman v. Wienrich, 29 C.J.S. Elections § 236.
54 M 390, 400, 170 P 942; State ex rel. 26 Am. Jur. 2d 122, Elections, § 298.
23-1802. (791) In case of absence certain county officers to act. If, at
the time and place appointed for such meeting, one or more of the county
commissioners should not attend, the place of the absentees must be sup-
295
23-1803 ELECTIONS
plied 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 ahvays consist of three acting mem-
bers. The clerk of the board of county commissioners is the clerk of the
board of county canvassers.
History: Ap. p. Sec. 2, p. 299, L. 1891; as constituting the board of county can-
amd. Sec. 1431, Pol. C. 1895; re-en. Sec. vassers of election returns for a certain
589, Rev. C. 1907; re-en. Sec. 791, R. C. county of the state, the particular niem-
M. 1921. bers of sucli board at the time in qucs-
Reconvenlng of County Board of Can- tion being the persons against whom obe-
vassers dience must, if necessary, be enforced.
The members of a county board of can- State ex rel. Leech v. Board of Canvassers
vassers do not necessarily embrace the of Choteau County, 13 M 23, 20, 31 P 879.
same officers, but arc subject to changes References
which depend upon circumstances, and
a writ of mandate, issued to compel such State ex rel. Crydcrman v. Wienrich,
board to reconvene and canvass the re- ^^ ^^ ^90, 400, 170 P 942.
turns from an election precinct which CoUateral References
they had excluded, is properly directed couaterai Keierences
to the particular individuals comprising Elections<S='257.
the board, describing them by name, and "^ C.J.S. Elections § 235.
23-1803. (792) Canvass to be postponed, when. If, at the time of
meeting, the returns from each precinct in the county in which polls were
opened have been received, the board of county canvassers must then and
there proceed to canvass the returns; but if all the returns have not been
received, the canvass must be postponed from day to day until all of the
returns arc 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 forth^vith 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. Sucli 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 23-1805.
History: Ap. p. Sec. 3, p. 300, L. 1891; References
amd. Sec. 1432, Pol. C. 1895; re-en. Sec. state ex rel. Crydcrman v. Wienrich,
590, Rev. C. 1907; re-en. Sec. 792, R. C. M. 54 m 390. 400, 170 P 942.
1921. Cal. Pol. C. Sec. 1280.
23-1804. (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 thereof.
In canvassing, no returns must be rejected if it can be ascertained there-
from the number of votes cast for each person. The fact that the returns do
not sliow who administered the oath to the judges or clerks of election,
or a failure to fill out all the certificates in the pollbooks, or to do or per-
form any other act in making up the returns, that is not essential to de-
termine for whom the votes were cast, is not such an irregularity as to
296
CANVASS OF ELECTION RETURNS
23-1806
entitle the board to reject the same, but they must be canvassed as other
returns are.
History: En. Sees. 4 and 5, p. 301,
L. 1891; re-en. Sec. 1433, Pol. C. 1895;
re-en. Sec. 591, Rev. C. 1907; re-en. Sec.
793, R. C. M. 1921. Cal. Pol. C. Sec. 1281.
Exclusion of Returns
A county board of canvassers has no
authority to inquire into the validity of a
certificate of nomination of a nominee
for office, and therefore, where the election
returns arc genuine and properly certified,
prohibition will not lie to restrain the
board from canvassing such returns and
counting the vote cast for such person, as
required by sections 4 and C, pages 301,
302 of the Laws of 1891, upon the ground
that the nomination was invalid. Pigott
V. Board of Canvassers of Cascade County,
12 M 537, 538, 31 P 536.
The duties of a county canvassing board
are ministerial, and such board has no
authority to exclude the returns of an
election precinct, regularly made, upou the
ground that the voting was shown by affi-
davits to bo illegal, and, having done so,
may be compelled by mandamus to can-
vass such returns. State ex rel. Leech
V. Board of Canvassers of Choteau County,
13 M 23, 30, 31 P 879. Sec also State ex
rel. Breeu v. Toole, 32 M 4, 10, 79 P 403;
Poe V. Sheridan County, 52 M 279, 288,
157 P 185.
Where a county canvassing board is-
sued a certificate of election to a candi-
date for the legislative assembly after un-
lawfully excluding the returns of a par-
ticular precinct, and then adjourned sine
die, such board may be compelled by
mandamus to reconvene and canvass the
returns so excluded, and issue a certificate
of election to the person shown by a
complete canvass to bo entitled thereto.
State ex rel. Leech v. Board of Canvassers
of Choteau County, 13 M 23, 31, 31 P 879.
Eeturns in the pollbook being left
blank, and the certificate thereto not
being properly filled in, arc not grounds
for rejecting returns, nor are they such
irregularities as will entitle a board of
canvassers to reject them. State ex rel.
Leech v. Board of Canvassers of Choteau
County, 13 M 23, 31, 31 P 879.
It is the duty of the board of canvassers
to procure the check lists and surrendered
lists before rejecting the vote of a precinct
as returned by the pollbooks alone. State
ex rel. Leech v. Board of Canvassers of
Choteau County, 13 M 23, 31, 31 P 879.
References
Stephens v. Nacey, 47 M 479, 485, 133
P361.
Collateral References
Election8<S=»259.
29 C.J.S. Elections § 237.
23-1805. (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 of votes cast in the county.
2. The names of the persons voted for and the propositions voted upon.
3. The office to fill which each person was voted for.
4. The number of votes given at each precinct to each of such persons,
and for and against each of such propositions.
5. The number of votes given in the county to each of such persons,
and for and against each of such propositions.
History: En. Sec. 6, p. 301, L. 1891; Collateral References
re-en. Sec. 1434, Pol. C. 1895; re-en. Sec. Elections®=>''59
692, Rev. C. 1907; re-en. Sec. 794, E. C. M. 29 C.J.S. Elections 8 237.
1921. Cal. Pol. C. Sec. 1282. "
23-1806. (795) Plurality to elect. The person receiving at any elec-
tion the highest number of votes for any office to be filled at such election is
elected thereto.
History: En. Sec. 1170, Pol. C. 1895;
re-en. Sec. 456, Rev. C. 1907; re-en. Sec.
795, R. C. M. 1921. Cal. PoL C. Sec. 1066.
Where Deceased Candidate Received
Majority of Votes, Highest Write-in Candi-
date Held Elected
297
23-1807 ELECTIONS
Where a candidate for re-election to a vassing board to reconvene and cause cer-
county office died 24 days before election, tificate of election issued to him, that
his death known generally to electors, but write-in candidate elected and entitled to
his name placed on ballot and majority the office. State ex rel. Wolff v. Geurkink,
voted for him supposing to retain his wid- 111 M 417, 426, 109 P 2d 1094, 133 ALR
ow, appointed to fill the vacancy, until 304.
the next general election, a write-in candi-
date whom they intended to defeat, re- Collateral Eeferences
ceiving tlie highest vote cast for any living EIections<£=3237.
person, held, on his application for writ 29 C.J.S. Elections § 241.
of mandate to compel the county can-
23-1807. (796) Duty of canvassing board. The board must declare
elected the person having the highest number of votes given for each
office to be filled by the votes of a single county or a subdivision thereof,
except members of the legislative assembly. If a recount shall show that
two or more persons received an equal and sufficient number of votes to
elect to the office of state senator, or member of the house of representatives,
the state recount board shall certify such facts to the governor.
History: En. Sec. 6, p. 302, L. 1891; Collateral References
re-en. Sec. 1435, Pol. C. 1895; re-en. Sec. Elections<&='259 260.
593, Rev. C. 1907; amd. Sec. 1, Ch. 84, 29 C.J.S. Elections S 237.
L. 1909; re-en. Sec. 796, R. C. M. 1921;
amd. Sec. 18, Ch. 42, L. 1963; amd. Sec.
8, Ch. 194, L. 1967.
23-1808. (797) Certificates issued by the clerk. The clerk of the
board of county commissioners must immediately make out and deliver
to such persons (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, and said certificate shall contain therein written
notice that the official bond of the elected or appointed official must be
filed within thirty (30) days after notice of election or appointment, and
that failure to file such bond shall cause the office to become vacant.
History: En. Sec. 7, p. 302, L. 1891; References
re-en. Sec. 1436, Pol. C. 1895; re-en. Sec. gt^tg ex rel. Wallace v. Callow, 78 M
594, Rev. C. 1907; re-en. Sec. 797, R. C. 308, 315, 254 P 187; State ex rel. Riley
M. 1921; amd. Sec. 1, Ch. 50, L. 1959. ^._ District Court, 103 M 576, 581, 64 P
Cal. Pol. C. Sec. 1284. 26. 115.
Cross-Reference Collateral References
County clerk to issue certificate of elec- Elections<3^2C5.
tion, sec. 16-1157. 29 C.J.S. Elections § 240.
23-1809 to 23-1811. (798 to 800) Repealed— Chapter 194, Laws of 1967.
Repeal 1967_ However, the title of the repealing
These sections (Sees. 8, 9, pp. 302, 303, act, apparently through clerical error,
L. 1891; Sees. 1437 to 1439, Pol. C. 1895), listed 23-1812 as repealed, instead of this
relating to returns for election of legis- section. For present law, see sees. 23-1812
lators representing more than one county, to 23-1814.
were repealed by Sec. 13, Ch. 194, Laws
23-1812. (801) State returns, how made. When there has been a gen-
eral or special election for officers voted for by the electors of the state at
largo, for members of the legislative assembly, 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
298
CANVASS OF ELECTION RETURNS 23-1815
of SO much thereof as relates to the votes given for persons for said offices
to be filled at such election.
History: En. Sec. 10, p. 303, L. 1891; provisions in case the result of the election
amd. Sec. 1440, Pol. C. 1895; re-en. Sec. is changed upon a recount. State ex rel.
598, Rev. C. 1907; re-en. Sec. 801, R. C. M. Kiley v. District Court, 103 M 576, 583, 64
1921; amd. Sec. 9, Ch. 194, L. 1967. Cal. P 2(1 115.
Pol. C. Sec. 1288.
Statutes In Pari Materia with Others
References
HcrwoEj V. Thirty Ninth Legislative As-
This section and sections 23-1813 and spmbly of State of Montana, 246 F Supp
23-1814, relating to canvassers' abstract to 454
secretary of state, and section 23-2301 et
seq., authorizing recount of votes, etc., are Collateral References
in pari materia and must be construed ElectionsC=>247.
together, both the county and state board 29 C.J.S. Elections § 229.
of canvassers being governed by the former
23-1813. (802) How transmitted. The clerk must seal up such ab-
stract, endorse it "Election Returns," and without delay transmit it to
the secretary of state by certified mail.
History: En. Sec. 11, p. 303, L. 1891; References
re-en. Sec. 1441, Pol. C. 1895; re-en. Sec. Herweg v. Thirty Ninth Legislative As-
599, Rev. C. 1907; re-en. Sec. 802, R. 0. gemblv of State of Montana, 246 F Supp
M. 1921; amd. Sec. 1, Ch. 87, L. 1959. 454 '
Cal. Pol. C. Sec. 1289. ' ,
Collateral References
Elections'S=>251.
29 C.J.S. Elections § 232.
23-1814. (803) State canvassers, composition and meeting of board.
Within thirty days after the election and sooner if the returns be all
received, the state auditor, state treasurer, and attorney general, who con-
stitute a board of state canvassers, must meet in the office of the secretary of
state and compute and determine the vote, and the secretary of state, who
is secretary of said board, must make out and file in his office a statement
thereof and transmit a copy of such statement to the governor.
History: En. Sec. 14, p. 304, L. 1891; References
amd. Sec. 1442, Pol. C. 1895; re-en. Sec. Herweg v. Thirty Ninth Legislative As-
600, Rev. C. 1907; re-en. Sec. 803, R. C. M. sembly of State of Montana, 246 F Supp
1921; amd. Sec. 1, Ch. 55, L. 1949. Cal. 454.
Pol. O. Sec. 1290. « „ . , « ^
Collateral References
Elections<S='258, 259.
29 C.J.S. Elections §§ 236, 237.
23-1815. (804) Messenger may be sent for returns — his duty and com-
pensation. 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 delinquent county, and such
clerk must furnish the messenger with a certified copy of the statement
mentioned in section 23-1805. 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, must be paid out of the general
fund of the state treasury.
299
23-1816 ELECTIONS
History: Ap. p. Sees. 12 and 13, L. Collateral References
1891; amd. Sec. 1443, Pol. C. 1895; re-en. Elections<2=252.
Sec. 601, Rev. C. 1907; re-en. Sec. 804, 29 C.J.S. Elections § 229.
R. C. M. 1921; amd. Sec. 16, Ch. 97, L.
1961.
23-1816. (805) Governor to issue commissions. Upon receipt of such
copy mentioned in section 23-1814, 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.
History: En. Sec. 15, p. 304, L. 1891; sembly of State of Montana, 246 F Supp
amd. Sec. 1444, Pol. C. 1895; re-en. Sec. 454.
602, Rev. C. 1907; re-en. Sec. 805, R. C. M. collateral References
1921. Cal. Pol. C. Sec. 1291. ^^^ ^_,^„
StatesG='48.
References 81 C.J.S. States § 76.
Herweg v. Thirty Ninth Legislative As-
23-1817. (806) Defect in form of returns to be disregarded. No declara-
tion 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 reason-
able certainty be ascertained from such return what office is intended and
who is elected thereto.
History: En. Sec. 17, p. 305, L. 1891; Collateral References
re-en Sec. 1448, Pol. C. 1895; re-en. Sec. Elections<&=»257, 265; States<3=»48.
606, Rev. C. 1907; re-en. Sec. 806, R. C. M. 29 C.J.S. Elections §§ 235, 240; 81 C.J.S,
1921. Cal. Pol. C. Sec. 1297. States § 76.
References
Stephens v. Nacey, 47 M 479, 485, 133 P
361.
23-1818. (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.
History: En. Sec. 18, p. 305, L. 1891; 607, Rev. C. 1907; re-en. Sec. 807, R. C. M.
re-en. Sec. 1449, PoL C. 1895; re-en. Sec. 1921.
23-1819. (808) Penalties. The penalties for the violation of election
laws are prescribed in sections 94-1401 to 94-1474.
History: En. Sec. 1460, Pol. 0. 1895; section, was repealed by Sec. 4, Ch. 50,
re-en. Sec. 608, Rev. C. 1907; re-en. Sec. Laws 1947.
808, R. C. M. 1921. « „ * , „ *
' Collateral References
Compiler's Note Electionse=3309 et seq.
Section 94-1461, included in the refer- 29 C.J.S. Elections §§ 324, 334.
ence to sections 94-1401 to 94-1474 in this
CHAPTER 19
FAILURE OF ELECTIONS— PROCEEDINGS ON TIE VOTE
Section 23-1901. Tie vote on representative in Congress.
23-1902. Proceedings on tie vote.
300
PROCEEDINGS ON TIE VOTE 23-1903
23-1903. Tie vote on state officers.
23-190-i. Tie vote on judicial officers.
23-1901. (809) Tie vote on representative in Congress. In ease of a
failure, by reason of a tie vote or otherwise, to elect a representative in
Congress, the secretary of state must transmit to the governor a certified
statement showing the vote cast for such persons voted for, and in case of a
failure to elect, by reason of a tie vote or otherwise, the governor must order
a special election.
History: En. Sec. 16, p. 305, L. 1891; Collateral References
re-en. Sec. 1447, Pol. C. 1895; re-en. Sec. Elections<S='238.
605, Rev. C. 1907; re-en. Sec. 809, R. C. M. 29 C.J.S. Elections § 244.
1921.
23-1902. (810) Proceedings on tie vote. In case any two or more per-
sons have an equal and highest number of votes for either governor,
lieutenant governor, secretary of state, attorney general, state auditor,
state treasurer, clerk of the supreme court, superintendent of public instruc-
tion, or any other state executive officer, the legislative assembly, at its next
regular session, must forthwith, by joint ballot of the two houses, elect one
of such persons to fill such office ; and in case of a tie vote for clerk of the
district court, county attorney, or any county officer except county
commissioner, and for any township officer, the board of county commis-
sioners 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.
History: En. Sec. 1171, Pol. C. 1895; and he is entitled to hold over until the
re-en. Sec. 457, Rev. C. 1907; re-en. Sec. people have chosen his successor in the
810, R. C. M. 1921. Cal. Pol. C. Sees. 1067- usual way; but, in the case of judicial
1068. officers, whose terms end at the expiration
of a definitely fixed period, the words
Clerk of District Court «and until his successor is elected and
The provisions of the constitution, fix- qualified," refer to those officers only who
ing the terms of judicial officers, are ex- were first elected after the adoption of the
elusive, and vacancies occur by operation constitution; they have no application to
of law upon the expiration of the terms those chosen after such first election. State
designated, even where the people fail to ex rel. Jones v. Foster, 39 M 583, 586, 104
elect their successors; hence, if, by rea- P 860.
son of a tie vote, there is a failure to
elect the successor of a clerk of a district County School Superintendent
court upon the expiration of the incum- This section does not in terms declare
bent's term, there is a vacancy which the that a vacancy in office shall occur when
county commissioners are authorized, un- there has been no election to the office by
der this section, to fill by appointment. reason of a tie vote. In so far as it relates
State ex rel. Jones v. Foster, 39 M 583, to officers named in the constitution
592, 104 P 860. See also State ex rel. Pat- (county school superintendent) and the
terson v. Lentz, 50 M 322, 336, 146 P 932. authority of the county commissioners to
If there is a clause in the constitution fill vacancies therein, it is invalid. State
providing that an officer shall hold for ex rel. Chenoweth v. Acton, 31 M 37, 40,
a definite term and until his successor is 77 P 299. See State ex rel. Jones v. Foster,
elected and qualified, and the people fail 39 M 583, 591, 104 P 860.
to elect his successor, there is no vacancy,
23-1903. (811) Tie vote on state oflScers. In case of a tie vote for state
officers, as specified in the preceding section, it is the duty of the secretary
of state to transmit to the legislative assembly, at its next regular session,
301
23-1904 ELECTIONS
a certified copy of the statement showing the vote cast for the two or more
persons having an equal and the highest number of votes for any state
ofiice.
History: En. Sec. 1445, Pol. C. 1895;
re-en. Sec. 603, Rev. C. 1907; re-en. Sec.
811, R. C. M. 1921.
23-1904. (812) Tie vote on judicial officers. In case any two or more
persons have an equal and highest number of votes for justice of the
supreme court, or judge of a district court, or member of the legislative
assembly, the secretary of state must transmit to the governor a certified
statement showing the vote cast for such person, and thereupon the gover-
nor must appoint an eligible person to hold office as in case of other vacan-
cies in such offices.
History: En. Sec. 1446, Pol. C. 1895; Collateral References
re-en. Sec. 604, Rev. C. 1907; re-en. Sec. Elections<S='238; Judges®=8.
812, R. C. M. 1921; amd. Sec. 10, Ch. 194, 29 C.J.S. Elections §244; 48 C.J.S.
I,. 1967. Judges § 32.
CHAPTER 20
NONPAETISAN NOMINATION AND ELECTION OF JUDGES OF
SUPREME COURT AND DISTRICT COURTS
Section 23-2001. Nomination and election of district court and supreme court judges.
23-2002. Nominations.
23-2003. Petition for nomination — contents — form — filing — fees.
23-2004. Register of candidates for nomination.
23-2005. Arrangement and certification of judicial candidates — separate from
party designation.
23-2006. Primary ballots — preparation and distribution.
23-2007. Judicial primary ballots — voting.
23-2008. Separate counting and canvassing of judicial ballots — application of
general laws.
23-2009. Nominations — placing names on ballots.
23-2010. Tie vote, how decided.
23-2011. Vacancies among nominees after nomination and before general elec-
tion, how filled.
23-2012. Unlawful for political party to endorse judicial candidate.
23-2013. Repealed.
23-2014. Repealing clause — application of general laws.
23-2001. (812.1) Nomination and election of district court and supreme
court judges. That hereafter all candidates for the office of justice of the
supreme court of the state of Montana or judge of the district court in any
judicial district of the state of Montana, shall be nominated and elected
in accordance with the provisions of this act and in no other manner.
Each vacancy for associate justice of the supreme court is to be con-
sidered as a separate and independent office for election purposes, and to
facilitate the nomination and election of candidates thereto, the chief
justice of the supreme court shall assign an individual number to the four
(4) associate justices and certify these numbers to the office of the secre-
tary of state not less than one hundred eighty (180) days before the date of
the primary nominating election.
302
JUDGES OF SUPREME AND DISTRICT COURTS 23-2003
Each department in a judicial district which has more than one (1)
judge of the district court is to be considered as a separate and independ-
ent office for election purposes.
History: En. Sec. 1, Ch. 182, L. 1935; selection of judpcs on a, party ticket. The
amd. Sec. 2, Ch. 229, L. 1961. word "candidate" as used in this act
should not receive a different construc-
Purpose of Nonpartisan Judiciary Act tion from that as used in the general pri-
The purpose of the Nonpartisan Judi- mary law. The act must be construed in
ciary Act (23-2001 et seq.), is to eliminate, Pari materia with the primary and gen-
so far as possible, the selection of judges eral election laws. State ex rel. McHale v.
from partisan politics, and the phrase Ayers, 111 M 1, 3, 105 P 2d 686.
found in this section, declaring that candi-
dates for judicial office "shall be nomi- Collateral References
nated and elected in accordance with the Judges<S='3.
provisions of this act and in no other 48 C.J.S. Judges § 12.
manner," intended merely to exclude the 25 Am. Jur. 2d 814, Elections, § 128.
23-2002. (812.2) Nominations. Candidates for any office within the
provisions of this act, to be filled at any election to be held in the state of
Montana, shall be nominated in the manner herein provided at the regular
primary nominating election provided by law for the nomination of other
candidates for other offices to be filled at such election, and all laws relating
to such primaries shall continue to be in force and to be applicable to the
said offices iu so far as may be consistent with the provisions of this act.
History: En. Sec. 2, Ch. 182, L. 1935. References
State ex rel. McHale v. Ayers, 111 M 1,
4, 105 P 2d 686.
23-2003. (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 pri-
mary election laws, which petition for nomination shall be substantially
in the following form: To (Name
and title of officer with whom the petition is to be filed), and to the electors
of the (state or counties of
comprising the district or county as the case may be) in the state of Mon-
tana:
I, , reside at ,
and my post-office address is I am a candidate
on the nonpartisan judicial ticket for the nomination for the office of
at the primary nominating election to be
held in the (state of Montana or district or
county), on the day of , 19 , and if I am
nominated as a candidate for such office I will accept the nomination and
will not withdraw, and if I am elected, I will qualify as such officer.
Each person filing a petition for nomination to the office of associate
justice of the supreme court shall, in the blank wherein he indicates the
office for which the petition for nomination is being filed, designate the
number of the associate justice whose office he is seeking. Each person filing
a petition can make only one (1) such designation.
303
23-2004 ELECTIONS
All persons who shall desire to become candidates for nomination as
judge of the district court in any district having more than one (1) judge
shall specify in said petition for nomination the number of the department
to which they seek nomination and election, and their candidacy shall be
limited solely to the numbered department so specified, it being intended
hereby that the office of judge of each respective numbered department
shall be filled in all respects as though each of said numbered departments
were an entirely separate and independent elective office.
Provided, however, that no such petition for judicial office shall indicate
the political party or political affiliations of the candidate, and provided
further that no candidate for judicial office may in his petition for nomina-
tion state any measures or principles he advocates, or have any statement
of measures or principles which he advocates, or any slogans, after his
name on the nominating ballot as permitted by section 23-911.
Each person so filing a petition for nomination shall pay or remit there-
with 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 dis-
trict courts of the state shall be filed with the secretary of state.
History: En. Sec. 3, Ch. 182, L. 1935; Collateral References
amd. Sec. 3, Ch. 229, L. 1961. ElectionsC=5l26 (1).
References 29 C.J.S. Eloctious §§ 91, 111, 131.
Stntc ex lel. McHale v. Ayers, 111 M 1,
3, 105 P 2d 086.
23-2004. (812.4) Register of candidates for nomination. On receipt of
each of such petitions the secretary of state shall make corresponding entries
in the "Register of Candidates for Nomination" as now provided by law, but
on a page or pages of such register apart from entries made with reference
to the district candidates of political parties.
History: En. Sec. 4, Ch. 182, L. 1935.
23-2005. (812.5) Arrangement and certification of judicial candidates —
separate from party designation. At the same time and in the same manner
as by law he is required to arrange and certify the names of candidates for
other state offices the secretary of state shall separately arrange and certify
and file as required by law, the names of all candidates 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
certificate shall separately state the names of candidates for each respective
numbered associate justice and department in districts having more than
one (1) judge, and which lists of judicial candidates shall be made upon
separate sheets of paper from the lists of candidates to appear under party
or political headings.
History: En. Sec. 5, Ch. 182, L. 1935; Collateral References
amd. Sec. 4, Ch. 229, L. 1961. Elcctionse==126 (5).
29 C.J.S. Elections § 118.
304
JUDGES OF SUPREME AND DISTRICT COURTS 23-2008
23-2006. (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 primary ballots
for judicial offices which shall be known and designated and entitled
"Judicial Primary Ballots," which shall be arranged as are other primary
ballots, except that the name of no political party shall appear thereon.
The same number of official judicial primary ballots and sample ballots
shall be furnished for each election precinct, as in the case of other primary
election ballots.
History: En. Sec. 6, Ch. 182, L. 1935. References
State ex rcl. McHale v. Ayers, 111 M 1,
4, 105 P 2d 686.
23-2007. (812.7) Judicial primary ballots — voting. Each elector hav-
ing the right to vote at a primary election shall be furnished with a separate
"Judicial Primary Ballot" at the same time and in the same manner as he
or she is furnished with other ballots provided by law and each elector,
without regard to political party, may mark such "Judicial Primary Ballot"
for one or more persons of his choice for judicial nominations, depending on
the number to be nominated and elected, which shall be deposited in the
general ballot box provided. The official number of such judicial 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, with-
out regard to politics, for one or more persons of his choice for nomination
for judicial office, depending on the number of places to be filled at the
succeeding general election. Different terms of office for the same position
shall be considered as separate offices.
History: En. Sec. 7, Ch. 182, L. 1935. may do so under the act, in view of the
provisions of sections 23-2002, 23-200G and
Electors May Write in Names of Candi- 23-2014, when construed in pari materia
"**^^ with the laws relating to i)riniary and
The Nonpartisan Judiciary Act (23-2001 general elections (23-910 and 23-2009).
et seq.) does not restrict electors to the State ex rel. Mcllale v. Ayers, 111 M 1', 3,
privilege of voting only for candidates 105 P 2d 686.
whose names appear on the primary judi-
cial ballot, but, though the act is silent as CoUateral References
to their right to write in the name of a Elections<3='12G (6).
qualified person to judicial office, they 29 C.J.S. Elections § 118.
23-2008. (812.8) Separate countings and canvassing of judicial ballots
— application of general laws. After the closing of the polls at a primary
election, the election officers shall separately count and canvass the judicial
primary ballots and make record thereof, and certify to the same, showing
the number of votes cast for each person upon the judicial primary ballot, in
addition to certifying the party vote or other matters voted upon as re-
quired by law. Judicial ballots, their stubs, and unused ballots, shall be dis-
posed of in the same manner as other ballots, stubs and unused ballots, and
all returns made in the same manner now provided by law.
History: En. Sec. 8, Ch. 182, L. 1935. Collateral References
Election8<©^126 (7).
29 C.J.S. Elections § 119.
305
23-2009 ELECTIONS
23-2009. (812.9) Nominations — placing names on ballots. The candi-
dates for nomination at any primary election for any office within the
provisions 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 elec-
tion, who shall have received at any such primary election the highest
number of votes cast for nomination to the office for which they are candi-
dates (or if the number of all of 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 general election ; provided that no candidate
shall be entitled to have his name placed on the judicial ballot at the general
election, in any form, unless he shall have been a successful candidate at the
primary election.
History: En. Sec. 9, Ch. 182, L. 1936. Collateral References
Electioiis<S==>172.
References 29 C.J.S. Elections § IGl.
State ex rel. McHale v. Ayers, 111 M 1,
4, 105 P 2d 686.
23-2010. (812.10) Tie vote, how decided. In ease of a tie vote, candi-
dates 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 candi-
date or candidates shall fail to appear either in person or by proxy in
writing, before twelve o'clock noon of the day appointed, the secretary of
state shall by lot determine the candidate whose name will be certified for
the general election and printed on the official ballot.
History: En. Sec. 10, Ch. 182, L. 1935. Collateral References
Elections<®='238.
29 C.J.S. Elections § 244.
23-2011. (812.11) Vacancies among nominees after nomination and
before general election, how filled. If after any primary election, and before
the succeeding general election, any candidate nominated pursuant to the
provisions of this act, shall die or by virtue of any present or future law
become disqualified from or disentitled to have his name printed on the
ballot for the election, a vacancy shall be deemed to exist which shall be
filled by the otherwise unnominated and not disentitled candidate for the
same office next in rank with respect to the number of 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 justices of the
supreme court and judges of the district courts is authorized and empow-
ered 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-
306
PRESIDENTIAL ELECTORS 23-2101
upon be printed on the official ballot in the same manner as though regularly
nominated at the judicial primarj- 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
candidates upon the ballot.
History: En. Sec. 11, Ch. 182, L. 1935.
23-2012. (812.13) Unlawful for political party to endorse judicial can-
didate. 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.
History: En. Sec. 13, Ch. 182, L. 1935. Collateral References
Judge3©='3.
48 C.J.S. Judges § 12.
23-2013. (812.14) Repealed— Chapter 20, Laws of 1959.
Repeal gja,! ballot when voting machines are
This section (Sec. 14, Ch. 182, L. 1935), used, was repealed by Sec. 3, Ch. 20, Laws
relating to the arrangement of the judi- 1959.
23-2014. (812.15) Repealing" clause — application of general laws. All
acts and parts of acts in conflict herewith are hereby repealed, and all laws
pertaining to elections, both primary and general, and to special elections,
not in conflict herewith are hereby declared applicable to the nomination
and election of the officers herein referred to.
History: En. Sec. 15, Ch. 182, L. 1935. References
State ex rel. McHale v. Ayers, 111 M
1, 4, 105 P 2d 686w
CHAPTER 21
PRESIDENTIAL ELECTORS, HOW CHOSEN— DUTIES
Section 23-2101. Electors, when chosen.
23-2102. Returns, how made.
23-2103. Duty .of governor.
23-2104. Meeting of electors.
23-2105. Vacancies, how supplied.
23-2106. Voting of electors.
23-2107. Separate ballots for president and vice-president.
23-2108. Must make list of persons voted for.
23-2109. Result to be transmitted as provided by law of the United States.
23-2110. Compensation of electors.
23-2111. How audited and paid.
23-2101. (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 appear on
the ballot and in addition thereto, preceding them, shall appear the names
307
23-2102 ELECTIONS
of the presidential and vice-presidential candidates in their respective party
designated columns. No square shall appear in front of the names of the
presidential electors instead of which there shall be one square in front of
the names of the presidential and vice-presidential candidates. The ballot
shall also have the following direction printed thereon: "To vote for the
presidential electors of any party, the voter shall place a cross in the square
before the names of the candidates for president and vice-president of said
party." The number of votes received by presidential and vice-presidential
candidates shall, within the meaning of this act, be the number of votes to
be credited to each of the electors representing them.
History: En. Sec. 1, p. 173, L. 1891; Collateral References
re-en. Sec. 1460, Pol. 0. 1895; re-en. Sec. United States<2=>25.
626, Rev. C. 1907; re-en. Sec. 813, R. C. M. 91 c.J.S. United States § 28.
1921; amd. Sec. 1, Ch. 4, L. 1933. Cal. Pol. £5 Am. Jur. 2d 700, Elections, § 9.
C. Sec. 1307.
23-2102. (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.
History: En. Sec. 2, p. 173, L. 1891; Collateral References
re-en. Sec. 1461, Pol. C. 1895; re-en. Sec. Elections<S=5247, 257, 265.
627, Rev. C. 1907; re-en. S€C. 814, R. C. M. 29 C.J.S. Elections 88 229, 235, 240.
1921. Cal. Pol. C. Sec. 1308.
23-2103. (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 names of electors, and
must do all other things required of him in the premises by any act of
Congress in force at the time.
History: En. Sec. 3, p. 174, L. 1891; ro- CoUateral References
en. Sec. 1462, Pol. C. 1895; re-en. Sec. Election8<©='265; United StatcsC=>25.
628, Rev. C. 1907; re-en. Sec. 815, R. C. M. 29 C.J.S. Elections § 240; 91 C.J.S.
1921. Cal. Pol. C. Sec. 1314. United States § 28.
23-2104. (816) Meeting of electors. The electors must assemble at the
seat of government the first Monday after the second Wednesday in
December next following their election, at two o'clock in the afternoon.
History: En. Sec. 4, p. 174, L. 1891; second Wednesday in December following
re-en. Sec. 1463, Pol. C. 1895; re-en. Sec. their election, the legislature could not,
629, Rev. C. 1907; re-en. Sec. 816, R. C. M. by enacting Ch. 101, Laws 1943 (since re-
1921; amd. Sec. 1, Ch. 15, L. 1933; amd. pealed), constitutionally extend the time
Sec. 1, Ch. 33, L. 1935. CaL Pol. 0. Sec. for depositing military ballots for the gen-
1315. oral election for seven weeks beyond the
Tuesday after the first Monday in Novcm-
Act Extending Time for Depositing ^j^r. Maddox v. Board of State Canvassers,
Military Ballots Unconstitutional in Part ^16 M 217 224 149 P 2d 112.
Since, under this section and tlic federal
act (U.S.C, Tit. 3, sec. 5, enacted pursu- Collateral References
ant to section 1, article II of the federal United Stntes<3=>25.
constitution), the presidential electors 91 C.J.S. United States § 28.
must meet ou the first Monday after tho
23-2105. (817) Vacancies, how supplied. In case of the death or ab-
sence 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.
308
MEMBERS OF CONGRESS — ELECTIONS AND VACANCIES 23-2201
History: En. Sec. 5, p. 174, L. 1891; 630, Eev. C. 1907; re-en. Sec. 817, R. C. M.
rc-en. Sec. 1464, Pol. C. 1895; re-en. Sec. 1921. Cal. Pol. C. Sec. 1316.
23-2106. (818) Voting of electors. Tlic electors, when convened, mnst
vote by ballot for one person for president and one for vice-president of the
United States, one of uhom at least is not an inhabitant of this state.
History: En. Sec. 1465, Pol. C. 1895;
re-en. Sec. 631, Rev. C. 1907; re-en. Sec.
818, R. C. M. 1921. Cal. Pol. C. Sec. 1317.
23-2107. (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.
History: En. Sec. 1466, Pol. C. 1895;
re-en. Sec. 632, Rev. C. 1907; re-en. Sec.
819, R. C. M. 1921. Cal. Pol. C. Sec. 1318.
23-2108. (820) Must make list of persons voted for. They must make
distinct lists of all persons voted for as president, and of all persons voted
for as vice-president, and of the number of votes given for each.
History: En. Sec. 1467, Pol. C. 1895;
rc-en. Sec. 633, Rev. C. 1907; re-en. Sec.
820, R. C. M. 1921. Cal. Pol. C. Sec. 1319.
23-2109. (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.
History: En. Sec. 1468, Pol. C. 1895;
re-en. Sec. 634, Rev. C. 1907; re-en. Sec.
821, R. C. M. 1921. Cal. Pol. C. Sec. 1320.
23-2110. (822) Compensation of electors. Electors receive the same
pay and mileage as is alloAved to members of the legislative assembly.
History: En. Sec. 7, p. 174, L. 1891; re- Rev. C. 1907; re-en. Sec. 822, R. C. M.
en. Sec. 1469, Pol. C. 1895; re-en. Sec. 635, 1921. Cal. Pol. C. Sec. 1321.
23-2111. (823) How audited and paid. Their accounts therefor, certi-
fied by the secretary of the 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.
History: En. Sec. 1470, Pol. C. 1895; Collateral References
re-en. Sec. 636, Rev. C. 1907; re-en. Sec. States<3=126, 169.
823, R. C. M. 1921. Cal. Pol. C. Sec. 1322. 81 C.J.S. States §§ 158, 194.
CHAPTER 22
MEMBERS OF CONGRESS— ELECTIONS AND VACANCIES
Section 23-2201. Election of United States senators— for full term and to fill vacancies.
23-2202. Writs of election to fill vacancy.
23-2203. When held.
23-2204, Returns, how made.
23-2205. Certificates issued by governor.
23-2206. Residence required for election or appointment to Congress.
23-2201. (824) Election of United States senators— for full term and
to fill vacancies. The election of senators in Congress of the United States
309
23-2202 ELECTIONS
for full terms must be held on the first Tuesday after the first Monday in
November next preceding the commencement of the term to be filled; and
the elections of senators in Congress of the United States to fill vacancies
therein must be held at the time of the next succeeding general state elec-
tion 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.
History: En. S€C. 1480, Pol. C. 1895; Collateral References
re-en. Sec. 637, Eev. C. 1907; amd. Sec. 1, United States<3=>ll.
Ch. 126, L. 1915; amd. Sec. 1, Ch. 134, L. 91 C.J.S. United States § 11.
1917; re-en. Sec. 824, R. C. M. 1921.
23-2202. (825) Writs of election to fill vacancy. "When a vacancy
happens in the office of one or more senators from the state of Montana in
the Congress of the United States, the governor of this state shall issue,
under the seal of the state, a writ or writs of election, to be held at the next
succeeding general state election, to fill such vacancy or vacancies by vote
of the electors of the state ; provided, however, that the governor shall have
power to make temporary appointments to fill such vacancy or vacancies
until the electors shall have filled them.
History: En. Sec. 1481, Pol. C. 1895; References
re-en. Sec. 638, Rev. C. 1907; amd. Sec. 2, Bottomly v. Ford, 117 M IGO, 1C3, 157
Ch. 126, L. 1915; re-en. Sec. 825, R. C. M. p 2d 108
1921.
23-2203. (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.
History: En. Sec. 2, p. 306, L. 1891; 639, Rev. C. 1907; re-en. Sec. 826, R. C. M.
re-en. Sec. 1490, Pol. C. 1895; re-en. Sec. 1921. Cal. Pol. 0. Sec. 1343.
23-2204. (827) Returns, how made. The vote for representative in Con-
gress must be canvassed, certified to, and transmitted in the same manner
as the vote for state officers.
History: En. Sec. 2, p. 306, L. 1891; Collateral References
re-en. Sec. 1491, Pol. C. 1895; re-en. Sec. Elections<2=257, 265.
640, Rev. C. 1907; re-en. Sec. 827, R. C. M. 29 C.J.S. Elections S§ 235, 240.
1921. Cal. Pol. C. Sec. 1344.
23-2205. (828) Certificates issued by governor. The governor must,
upon the receipt of the statement mentioned in section 23-1814, transmit to
the person elected a certificate of his election, sealed with the great seal
and attested by the secretary of the state.
History: En. Sec. 3, p. 306, L. 1891; 641, Rev. C. 1907; re-en. Sec. 828, R. C. M.
re-en. Sec. 1492, Pol. C. 1895; re-en. Sec. 1921. Cal. Pol. C. Sec. 1347.
23-2206. Residence required for election or appointment to Congress.
No person shall be elected or appointed to the office of senator or repre-
310
RECOUNT OF BALLOTS 23-2301
sentative in the Congress of the United States who has not resided in this
state at least one year prior to his election or appointment.
History: En. Sec. 1, Ch. 146, L. 1966.
CHAPTER 23
EECOUNT OF BALLOTS— RESULTS
Section 23-2301. Recount of votes, order for — application, contents and time for mak-
ing— hearing — determination by court.
23-2302. Failure to comply with provisions for counting votes, presumption of
incorrectness from.
23-2303. Calling in other judge — court not divested of jurisdiction by failure
to hear application within prescribed time.
23-2304. Precincts in which recount ordered — deposit of cost of recount — pro-
cedure when more than one application for recount made — manner
of recounting votes — certificates of election.
23-2305. Recount limited to precincts and offices specified in order of court.
23-2306. Certificates of election, effect of recount on.
23-2307. Election officers not to be paid until after recount — not paid on find-
ing incorrect count.
23-2308. Other provisions concerning contests, reference to.
23-2309. Purpose of act — liberal construction,
23-2310. Application of act.
23-2311. Close vote as ground for recount — petition filed with clerk of conrt
or secretary of state.
23-2312. Tie vote as ground for recount.
23-2313. Total vote — manner of computation.
23-2314. County recount board — composition — disqualification of interested
candidates.
23-2315. Clerk of county recount board.
23-2316. Notice to recount board of filing of petition — convening of board.
23-2317. Persons entitled to appear at recount — opening and recount of ballots.
23-2318. Certification of recount results — transmittal to secretary of state —
corrected abstract of votes — new certificate of election or nomina-
tion.
23-2319. Reconvening state board of canvassers — recanvass by state board —
corrected abstract of votes — new certificate of election or nomina-
tion.
23-2320. Effect of new certificate of election or nomination.
23-2321. Tie vote after recount.
23-2322. Expenses of recount.
23-2323. Supplemental to prior law.
23-2301. (828.1) Recount of votes, order for — application, contents and
time for making — hearing — determination by court. Any unsuccessful
candidate for any public office at any general or special election, or at any
municipal election, may within five days after the canvass of the election
returns by the board or body charged by law with the duty of canvassing
such election returns, apply to the district court of the county in which said
election is held, or to any judge thereof, for an order directed to such board
to make a recount of the votes cast at such election, in any or all of the
election precincts wherein the election was held, as hereinafter provided.
Said application shall set forth the grounds for a recount, and it shall be
verified by the applicant to the effect that the matters and things therein
stated are true to the best of the applicant's knowledge, information and
belief. Within five days after the filing of said application in the office of
the clerk of said district court, the said court, or the judge thereof, shall
311
23-2301
ELECTIONS
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 election did not correctly count and ascertain the number of votes
cast for such applicant at any one or more of the election precincts that the
judges and clerks of election might not have correctly counted and ascer-
tained 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 reassemble and re-
convene as a canvassing board, and to recount the ballots cast at said
election precinct or precincts of which complaint is made as in said order
specified.
that the majority of voters voted for him.
State ex rel. Ainsworth v. District Court,
107 M 370, 376, 86 P 2(1 5.
History: En. Sec. 1, Ch. 27, L. 1935.
Cross-References
Application of Montana Eules of Civil
Procedure to recount proceedings, see M.
E. Civ. P., Eule 81(a), Table A.
Salaries withheld x^ending contests, sees.
59-508, 59-509.
Constitutionality
Section 23-2301 et seq., held constitu-
tional under section 23, article V as to
sufficiency of title; section 27, article III
as to due process of law, the holding of
public office not being a property right,
and the clause is satisfied when one is
accorded the right to appear, be heard,
file pleadings, make objections and partic-
ipate fully in the hearing. State ex rel.
Eiley v. District Court, 103 M 576, 584,
586, 64 P 2d 115.
Applicable to Candidates for Senate
and House
The election recount statutes, section
23-2301 et seq., apply to candidates for
the state senate and house of representa-
tives. State ex rel. Ainsworth v. District
Court, 107 M 370, 372, 86 P 2d 5.
Courts Cannot Try Contests for Seats
in Legislature, but May Hear Application
for Recount
Section 9, article V of the constitution
makes each house of the legislative assem-
bly the judge of the elections, returns and
qualifications of its members, and courts
cannot try contests for seats in the legis-
lature or decide issues involved in such
contests, but mandamus lies to compel the
court to perform the duty specially im-
posed upon it by the recount statutes, sec-
tion 23-2301 et seq.; the election certif-
icate does not ensure acceptance of a
candidate as a member of cither house,
but merely furnishes prima facie evidence
Direction by Court witMn Its Jurisdic-
tion
The court could proceed in any suitable
manner or mode most conformable "to the
spirit" of the code (93-1106) in the ab-
sence of specific direction as to how pro-
ceedings shall be conducted, and was with-
in its jurisdiction in directing canvassers'
attention to sections of the codes cover-
ing points in dispute. State ex rel. Eilcy
V. District Court, 103 M 576, 587, C4 P
2d 115. (But see State ex rel. Peterson v.
District Court, 107 M 482, 488, 86 P 2d
403, below.)
Dismissal of Application for Noneligl-
bility
District court committed error in dis-
missing the application for a recount un-
der this section on the ground that appli-
cant, convicted of a felony in federal
court, lost his citizenship; such issue be-
ing properly triable in an election contest
under the provisions of section 23-926 ct
seq., or section 94-1459 et seq. State ex
rel. Stone v. District Court, 103 M 515,
519, 63 P 2d 147.
Functions of Court and Canvassing
Board Divide
The law relating to proceedings for
election recounts (23-2301 et seq.) specif-
ically divides the functions of tlic court
and the canvassing board. The court de-
termines the grounds of and necessity for
a recount and orders it done. TIic board
is entrusted with the duty of making the
recount, just as the judges and clerks of
election aro entrusted witli the duty of
making the count and certifying llicrcto
in the first place. State ex rel. Peterson
v. District Court, 107 M 482, 485, 80 P
2d 403.
812
RECOUNT OF BALLOTS
23-2301
Includes District Judge
Under this section, providing for tlic
recount of votes by board of connty can-
vassers, any unsuccessful candidate, in-
cluding a candidate for the office of dis-
trict judge, may apply to the district court
for a recount. State ex rel. Kilcy v.
District Court, 103 M 57C, 580, G4 P 2d 115.
Liberal Construction Required
Sections 23-2301 to 23-2307 should be
liberally construed. Wliere application for
writ of supervisory control set forth tliat
the votes were not correctly counted, such
ground was sufficient to justify the court
iu finding that the votes "might not" have
been correctly counted, and writ accord-
ingly issued directing respondents to order
the recount. State ex rcl. Thomas v. Dis-
trict Court, 116 M 510, 511, 154 P 2d 980.
Not Made in Presence of Court — Illegal
Ballots
A recount of ballots under this act (23-
2301 et seq.) is not made in the presence
of the district judge ordering it; in acting,
the board is not required to ask the advice
of the judge as to whether ballots are or
are not properly marked, and he may not
give such advice; the board is in duty
bound to "hear all, consider all, and then
decide." State ex rel. Peterson v. District
Court, 107 M 482, 486, 86 P 2d 403.
Not Remedy for Failure of Canvassing
Board To Perform Duty Properly — Man-
damus
Sections 23-2301 to 23-2307, providing
for a recount of votes in one or more pre-
cincts alleged improperly counted, does
not afford a legal remedy for an alleged
wrongful canvass by a county canvassing
board, and tliereforc docs not defeat the
right of a citizen to compel proper per-
formance of their duty by writ of man-
date. State ex rcl. Lynch v. Batani, 103
M 353, 358, 62 P 2d 565.
Purpose of Recount Statute — Constitu-
tion
The sole purpose of the recount stat-
utes, section 23-2301 et seq. is to deter-
mine, in a doubtful case, Avhether the
official canvass of the vote was correct,
and Avhcro the office of state senator or
representative is concerned, the election
certificate does not ensure one's accept-
ance as a member of either house, nor
affect the ultimate right to the office, nor
can the recount infringe upon the as-
sembly's right to judge of the elections,
returns and qualifications of its members
in contravention of section 9, article V
of the constitution. State ex rel. Ains-
worth V. District Court, 107 M 370, 372,
86 P 2d 5.
Recount Proceeding Not an Election
Contest
A proceeding to obtain a recount of
votes under section 23-2301 et seq. is in
no sense of the word an election contest,
it is absolutely independent of the law re-
lating to contesting of elections and either
or both remedies are available. State ex
rel. Peterson v. District Court, 107 M 482,
484, 80 P 2d 403.
Statute In Pari Materia with Others
This section and sections 23-2302 to
23-2307 authorizing recount of votes, etc.
and section 23-1812 et seq. relating to
canvassers' abstract to secretary of state,
are in pari materia and must be construed
together, both the county and state board
of canvassers being governed by tlie latter
provisions in case the result of the election
is changed upon a recount. State ex rel.
Rilev V. District Court, 103 M 576, 583, 64
P 2d' 115.
Successive Recounts
This statute provides that an unsuccess-
ful candidate may within five days after
canvass of the ballots petition for a re-
count; where an unsuccessful candidate
for sheriff obtained a recount and was de-
clared elected, and his opponent, the for-
mer successful but then unsuccessful can-
didate also asked for and was granted a
recount, on application for a writ of su-
pervisory control, the five-day limitation
commenced to run from the time the
board of canvassers announced the result
of the first recount, and the application
coming within that time, the court had
jurisdiction to grant the second recount.
State ex rel. Peterson v. District Court,
107 M 482, 485, 86 P 2d 403.
When Application Timely
Where the board was compelled by writ
of mandate to reconvene by the supreme
court and correct its findings with relation
to two candidates for district judge, the
application filed within five days after
the corrected canvass was timely. State ex
rel. Riley v. District Court, 103 M 576,
586, 64 P 2d 115.
When District and Supreme Courts May
Not Control Actions of Boards
The rule that district courts may not
advise boards of county canvassers on
questions arising on a recount of ballots
as to the legality or illegality of ballots
cast, etc., applies also to the supreme
court on application for extraordinary re-
lief by way of writs, and it cannot con-
313
23-2302
ELECTIONS
trol the actions of such boards indirectly
by directions or suggestions to district
courts. (If State ex rel. Riley v. District
Court, 103 M 576, 64 P 2d 115, be open
to a contrary construction it is to that
extent overruled.) State ex rel. Peterson v.
District Court, 107 M 482, 488, 86 P 2d
403.
Beferences
State ex rel. Wulf v. McGrath, 111 M
96, 101, 106 P 2d 183.
Costs or reimbursement for expenses
incident to election contest. 106 ALR 928.
Notice of election to fill vacancy in
office at general election. 158 ALR 1184.
Exclusion or inclusion of terminal Sun-
day or holiday in computing time for
taking or perfecting appeal from decision
of election board. 61 ALR 2d 484.
Validity of write-in vote where candi-
date's surname only is written in on bal-
lot. 86 ALR 2d 1025.
Collateral Eeferences
Elections<&=260.
29 C.J.S. Elections § 237.
23-2302. (828.2) Failure to comply with provisions for counting votes,
presumption of incorrectness from. If it shall be made to appear by such
verified application that the judges or clerks of election in any one or more
election precincts did not comply with each and all of the provisions and
requirements of section 23-1705, in counting and ascertaining the number
of votes cast for each person voted for at said election, that shall be con-
sidered as sufficient probable cause for believing that the judges and clerks
of election of said election precinct, or precincts, did not correctly count
and ascertain the number of votes cast for the applicant in such election
precinct or precincts.
History: En. Sec. 2, Ch. 27, L. 1935.
23-2303. (828.3) Calling in other judge — court not divested of juris-
diction by failure to hear application within prescribed time. If the judge
of said district court of the county in which said election is held be ill, or
absent, or for any other reason disqualified from acting, then and in that
event another district court judge shall be called in to hear and determine
said application, either by an order of a judge of said district court, or by
an order by a justice of the supreme court of the state of Montana. A fail-
ure to hear, consider or determine said application within the time herein
provided, shall not divest the court of jurisdiction, but the said court before
wliieh said application is presented and filed shall retain jurisdiction there-
of for all purposes until said application is finally acted upon, considered
and determined, and until a final count is made and had by the said board
of county canvassers and the result thereof finally determined as herein
provided.
History: En. Sec. 3, Ch. 27, L. 1935.
Extent of Jurisdiction of District Court
The jurisdiction of the district court
before which an application for a recount
of the votes is filed does not cease when
it orders the board to reconvene and re-
canvass the votes, but it retains jurisdic-
tion of the proceeding until completion
of the canvass, i. e., until the court is ad-
vised thereof. State ex rel. Riley v. Dis-
trict Court, 103 M 576, 587, 588, 64 P 2d
115.
References
State ex rel. Peterson v. District Court,
107 M 482, 487, 86 P 2d 403.
Collateral References
Elections<S='260.
29 C.J.S. Elections § 237.
314
RECOUNT OF BALLOTS 23-2304
23-2304. (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. (1) If said applica-
tion asks for a recount of the votes cast in more than one election precinct,
but the grounds thereof are not sufficient for a recount in all, the court shall
order a recount as to only such precinct as to which there are sufficient
grounds stated and shown. The court in its order shall determine the prob-
able expense of making such recount, and the applicant or applicants asking
for such recount shall deposit with the said board the amount so determined
and specified in said order, in cash ; and if it be ascertained by said recount
that the applicant or applicants have been elected to said office, then and
in that event all money so deposited with said board shall be returned to
the said applicant or applicants, but if an applicant as a result of said
recount is found not to have been elected, then if the expense of making
said recount shall be greater than the estimated cost thereof said applicants
shall pay said excess, but if less than the estimated cost, then the differ-
ence 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 re-
count, and the salary of two clerks at the rate of not more than $8.00 per
day each.
(2) 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 appli-
cants. 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 recoun+
is ordered, at the same time, in the following manner :
(3) 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 bal-
lots 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 can-
vassers in the presence and view of the other members of said board and
of the county clerk, and of the candidates for said office or offices as to
which said recount is ordered, present thereat. The ballots must then be
taken from said packages or envelope by a member of the board, and in
the presence of the candidate or candidates seeking such recount, and the
candidate or candidates who by the first canvass was found to have received
the highest number of votes, the ballots must be taken singly by one of the
members of the canvassing board, and the contents thereof, while exposed
to the view of said candidates and of one of the other members of said
canvassing board, must be distinctly read aloud, and as the ballots are
read, two clerks must write at full length, on sheets to be known as tally
sheets, which shall be previously prepared for that purpose, one for each
clerk, with the name of said respective candidates and the oflBce or offices
as to which a recount is being made, with the numbers of such election
315
23-2305 ELECTIONS
precincts as to which said recount is ordered, and the number of votes for
each person in said election precinct or precincts. At the completion of
said recount the tally sheets must then be compared and their correctness
ascertained, and the total number of votes cast for any candidate deter-
mined. If, on such recount, the votes cast for any candidate who makes
such application shall be either more or less than the number of votes
shown upon the official returns for that person and office, then the original
returns shall be thereupon by the clerk of said board of canvassers, and
under its direction, corrected so as to state the number of votes ascertained
on such recount.
(4) The said board of canvassers shall thereupon cause its clerk to enter
on the records of said board the result of said election as determined
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.
(5) 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 repre-
sented at any recount ordered.
(6) "When said recount of the ballots in any election precinct has been
finished, the ballots 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.
ffistory: En. Sec. 4, Ch. 27, L. 1935.
23-2305. (828.5) Recount limited to precincts and oflBces specified in
order of court. The board of canvassers shall make no recount of anv
votes cast in any election precinct or for any office other than the precinct
or precincts and office or offices specified in said order.
History: En. Sec. 5, Ch. 27, L. 1935.
23-2306. (828.6) Certificates of election, effect of recount on. If it
shall be found and determined by said recount that the person to whom the
county clerk had issued a certificate of election pursuant to section 23-1808,
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 con-
sidered, 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.
History: En. Sec, 6, Ch. 27, L, 1935. Collateral References
Elections<3=>267.
29 C.J.S. Elections § 240.
23-2307. (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
316
RECOUNT OF BALLOTS 23-2311
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 sliall be ascertained on such
recount that any applicant in whose behalf such recount is had, has been
elected, then in that event, the judges and clerks of the election precincts
in which the votes were found to have not been correctly counted shall not
be paid or receive any pay for their services as such.
History: En. Sec. 7, Ch. 27, L. 1935. Collateral References
ElcctioiisC=53.
29 C.J.S. Elections § 63.
23-2308. (829) Other provisions concerning contests, reference to. See
sections 23-926 to 23-928 and sections 94-1464 to 94-1468 for other provi-
sions governing election contests.
History: New section recommended by
code commissioner, 1921.
23-2309. Purpose of act — liberal construction. It is the purpose of
this act to procure a speedy and correct determination of the true and
actual count of all ballots cast at an election, which ballots are valid on
their face, and all provisions of this act shall be liberally construed to that
end.
History: En. Sec. 1, Ch. 42, L. 1963.
23-2310. Application of act. The provisions herein shall apply to the
recount of ballots cast in any election.
History: En. Sec. 2, Ch. 42, L. 1963.
23-2311. Close vote as ground for recount — petition filed with clerk of
court or secretary of state. A recount shall be made under any of the
following conditions :
1. "When any candidate for any office, position, or nomination which
is voted upon only by the electors of one county, or some part thereof,
except the office of judge of the district court, is defeated according to the
official returns by a margin not exceeding one-fourth of one per cent (^
of 1%) of the total vote cast for all candidates for such office, position, or
nomination, or is defeated by a margin not exceeding ten (10) votes,
whichever is the greater, he may within five (5) days after completion
of the official canvass of the returns file with the county clerk his duly
verified petition stating he believes a recount will change the result and
praying for a recount of all votes cast for such office, position, or nomina-
tion.
2. Whenever any candidate for any office, position, or nomination
which is voted upon in more than one county or for the office of judge
of the district court, is defeated according to the official returns by a
margin not exceeding one-fourth of one per cent (^ of 1%) of the total
vote cast for all candidates for such office, position, or nomination, he maj'
within five (5) days after completion of the official canvass of the returns
file a petition with the secretary of state such as set forth in subdivi-
317
23-2312 ELECTIONS
sion one (1) of this section. The secretary of state shall immediately notify
by registered mail each county clerk whose county includes any precincts
which voted for such office, position, or nomination of the filing of such
petition, and the recount shall be conducted as to all of such precincts in
each such county.
3. Whenever any referred or submitted question is voted upon through-
out the state and is determined according to the official canvass by a
margin of not exceeding one-fourth of one per cent (14 of ^%) of
the total vote cast for and against on such question, there may be filed
with the secretary of state within five (5) days after the completion of
the official canvass, a petition signed by not less than one hundred (100)
legally qualified electors of the state, and representing at least five (5)
counties of the state, a petition with the secretary of state such as set
forth in subdivision one (1) of this section. The secretary of state shall
immediately notify by registered mail each county clerk of the filing of
such petition, and the recount shall be conducted as to all precincts in
each county.
History: En. Sec. 3, Ch. 42, L. 1963.
23-2312. Tie vote as ground for recount. "When by reason of a tie
vote found to exist upon the canvass of the original official returns, it is
impossible to declare who has been elected or nominated to an office
or position, it shall be the duty of the canvass board making such canvass
to certify said vote to the county clerk where the election involved is
confined to one county, except for the office of district judge, and to the
secretary of state as to all other elections. The county clerk, or the secre-
tary of state, as the case may be, shall proceed exactly as if a petition
had been duly filed under this act, and the recount shall proceed accord-
ingly. In case of a tie vote found to exist after the recount, such tie
vote shall be resolved as provided by existing statutes.
History: En. Sec. 4, Ch. 42, L. 1963.
23-2313. Total vote — manner of computation. When in any election
an elector may vote for two or more candidates for the same office, the
total vote cast for all candidates for such office shall for the purposes of
this act be the total vote actually cast for all candidates divided by the
number of candidates officially declared nominated or elected as shown by
the official returns.
History: En. Sec. 5, Ch. 42, L. 1963.
23-2314. County recount board — composition — disqualification of in-
terested candidates. The county recount board of each county shall con-
sist of the three members of the board of county commissioners. If at
the time and place appointed for the recount one or more of the county
commissioners should not attend, the place of the absentees must be sup-
plied by one or more of the following county officers, whose duty it is
to act in the order named: the treasurer, the assessor, the sheriff, the
clerk of court. The county recount board shall always consist of three
acting members. If any member of the county recount board was among
318
RECOUNT OF BALLOTS 23-2318
the candidates for an ofifice, nomination, or position to which votes are
to be recounted, he shall thereby be disqualified.
History: En. Sec. 6, Ch. 42, L. 1963.
23-2315. Clerk of county recount board. The county clerk shall be
the clerk of the county recount board, and the board may hire additional
clerks as needed.
History: En. Sec. 7, Ch. 42, L. 1963.
23-2316. Notice to recount board of filing of petition- -convening of
board. The county clerk shall immediately upon the filing with him of
any petition for a recount, or upon receipt from the secretary of state of
notice of such filing with the secretary of state, notify the members of
the county recount board. The board shall then convene at the usual
place of meeting of the county commissioners without undue delay, and
in no event more than five (5) days after the filing of the petition with
the county clerk or the notice of the filing with the secretary of state.
History: En. Sec. 8, Ch. 42, L. 1963.
23-2317. Persons entitled to appear at recount — opening and recount
of ballots. Each candidate for any office, nomination, or position in-
volved in a recount may appear, personally or by a representative, and
shall have full opportunity to witness the opening of all ballot boxes and
the count of all ballots. If the recount is upon a referred or submitted
question, one legally qualified elector of the state favoring each side
as to such question may be present and represent such side. The county
clerk shall produce, unopened, the sealed package or envelope received
by him from the judges of election of each election precinct in the county.
The procedure for conducting the recount of votes shall be as provided
in subsection three (3) of section 23-2304, and the recount shall proceed as
expeditiously as reasonably possible until completed.
History: En. Sec. 9, Ch. 42, L. 1963.
23-2318. Certification of recount results — transmittal to secretary of
state — corrected abstract of votes — new certificate of election or nomina-
tion. Immediately upon conclusion of the recount of all ballots to be
recounted the county recount board shall certify the result. The cer-
tificate must be signed by at least two members of such board, attested
under seal by the county clerk. The certificate shall set forth in sub-
stance the proceedings of the board and appearance of any candidates or
representatives, shall adequately designate each precinct recounted, the
vote of such precinct according to the official canvass thereof previously
made as to the office, nomination, position, or question involved, and the
correct vote of such precinct as determined by the board through the
recount. When the certificate relates to the recount ballots as to an office,
nomination, position, or question voted upon in more than one county
or for the office of judge of the district court, the certificate shall be made
in duplicate, and either the original or duplicate original immediately
transmitted to the secretary of state by registered mail. If the recount
relates to the recount of ballots as to an office, nomination, position, or
319
23-2319 ELECTIONS
question voted upon in only one county, or some part thereof, the county
recount board shall immediately recanvass the returns as corrected by the
certificate showing the result of the recount, and make a new and cor-
rected abstract of the votes cast. If such correct abstract shows no change
in the result as previously found on the official returns, no further action
shall be taken. If there is a change in the result, a new certificate of elec-
tion or nomination shall be issued to each candidate found to have been
elected or nominated.
History: En. Sec. 10, Ch. 42, L. 1963.
23-2319. Reconvening state board of canvassers — recanvass by state
board — corrected abstract of votes — new certificate of election or nomina-
tion. Upon receipt by the secretary of state of certificates by all county
recount boards required to be forwarded, the secretary of state shall file
the same, and fix a time and place as early as reasonably possible for re-
convening the state board of canvassers, and shall notify the members of
the state board of canvassers thereof. The state board of canvassers shall
reconvene at the time and place designated and recanvass the official
returns as to such office, nomination, position or question, as corrected by
such certificates, and shall make a new and corrected abstract of the
votes cast. If such corrected abstract shows no change in the result previ-
ously found on the official returns, no further action shall be taken. If
there is a change in the result, a new certificate of election or nomination
shall be issued in the same manner as the certificate of election or nomina-
tion previously issued to each candidate found to have been elected or nom-
inated.
History: En. Sec. 11, Ch. 42, L. 1963.
23-2320. Effect of new certificate of election or nomination. Any cer-
tificate of nomination or election issued under the provisions of this act
shall have the effect of and shall be recognized as superseding and render-
ing null and void any certificate of election or nomination previously
issued which is inconsistent with the new certificate, and the holder of any
certificate of nomination or election issued under this act shall have the
same identical rights as if he held the original certificate of nomination or
election and no recount had been had.
History: En. Sec. 12, Ch. 42, L. 1963.
23-2321. Tie vote after recount. "When a tie vote between candidates
is found to exist on tlic basis of the recount, and by reason of such tie vote
it cannot be determined who has been nominated or elected, the office or
position shall be filled as provided by sections 23-1901 to 23-1904.
History: En. Sec. 13, Ch. 42, L. 1963,
23-2322. Expenses of recount. The expense of the recount of the votes
as provided in this act shall be a county charge, except that any expenses
of the secretary of state, and state board of canvassers shall be a state
charge.
History: En. Sec. 14, Ch. 42, L. 1963.
320
CONVENTIONS — CONSTITUTIONAL AMENDMENTS 23-2403
23-2323. Supplemental to prior law. This act is supplemental to and
not in derogation of the law relating to contest of elections, or the recount
procedure set forth in sections 23-2301 to 23-2308.
History: En. Sec. 15, Ch. 42, L. 1963.
CHAPTER 24
CONVENTIONS TO EATIFY PROPOSED AMENDMENTS TO
CONSTITUTION OF THE UNITED STATES
Section 23-2401. Convention for ratification of amendments to United States constitu-
tion.
23-2402. Delegates to constitutional convention.
23-2403. Nomination of delegates.
23-2404. Election of delegates.
23-2405. Form of ballot.
23-2406. Time for convention of delegates.
23-2407. Quorum — officers — procedure — qualifications.
23-2408. Compensation of delegates and officers.
23-2409. Certificate of result — transmission to secretary of state of Uuited
States.
23-2410. Qualification of signers of petitions and electors.
23-2411. Federal acts to supersede state provisions concerning amendments.
23-2401. (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.
History: En. Sec. 1, Ch. 188, L. 1933. Collateral References
Constitutional Law®=»10.
16 C.J.S. Constitutional Law § 6.
23-2402. (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 district 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 district 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 elec-
tion to be called by the governor, at his discretion, by proclamation at any
time after the Congress has proposed the amendment, and except as other-
wise 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 legislative assembly of the state.
History: En. Sec. 2, Ch. 188, L. 1933;
amd. Sec. 11, Ch. 194, L. 1967.
23-2403. (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 district. Nominations shall be without
321
23-2404
ELECTIONS
party or political designation, but shall be as "in favor of" or "opposed to"
ratification of the proposed amendment. All petitions and the acceptances
thereof shall be filed not less than thirty days prior to the election.
History: En. Sec. 3, Ch. 188, L. 1933;
amd. Sec. 12, Ch. 194, L. 1967.
23-2404. (829.4) Election of delegates. The results of the election
shall be determined as follows: The total number of votes cast for each
candidate "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 ascertained,
and the candidates equal to the number to be elected receiving the highest
number of votes from the side that casts the greater number of votes in
favor of or opposed to ratification, as the case may be, shall be deemed
elected.
History: En. Sec. 4, Ch. 188, L. 1933.
23-2405. (829.5) Form of ballot. On the oflScial 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 sub-
stantially 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 rati-
fied by conventions in the states.
In favor of
ratification of the proposed amend-
ment.
Vote for
candidates only.
Opposed to
ratification of the proposed amend-
ment.
Vote for
candidates only.
Names of candidates.
Names of candidates.
History: En. Sec. 5, Oh. 188, L. 1933.
322
CONVENTIONS — CONSTITUTIONAL AMENDMENTS 23-2411
23-2406. (829. G) Time for convention of delegates. The delegates to
the convention 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
convention to act upon the proposed amendment to the constitution of the
United States.
History: En. Sec. 6, Cli. 188, L. 1933.
23-2407. (829.7) Quorum — ofl5cers — procedure — qualifications. A ma-
jority of the total number of delegates to the convention shall constitute a
quorum. The convention shall have power to choose a president and secre-
tary, and all other necessary officers, and to make rules governing the
procedure of the convention. It shall be the judge of the qualifications and
election of its own members.
History: En. Sec. 7, Ch. 188, L, 1933.
23-2408. (829.8) Compensation of delegates and oflacers. Each dele-
gate 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.
History: En. Sec. 8, Ch. 188, L. 1933.
23-2409. (829.9) Certificate of result — transmission to secretary of
state of United States. "When the convention shall have agreed by a ma-
jority of the vote of the total number of delegates in attendance at such
convention, a certificate to that effect shall be executed by the president
and secretary of the convention, and transmitted to the secretary of state
of the United States.
History: En. Sec. 9, Ch. 188, L. 1933.
23-2410. (829.10) Qualification of signers of petitions and electors.
Those entitled to petition for the nomination of candidates and to vote at
such election shall be determined as now provided by the registration laws
of Montana.
History: En. Sec. 10, Cli. 188, L. 1933.
23-2411. (829.11) Federal acts to supersede state provisions concern-
ing 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 officers 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.
History: En. Sec. 11, Cli. 188, L. 1933.
323
23-2501 ELECTIONS
CHAPTER 25
ELECTEONIC VOTING SYSTEMS
Section 23-2501. Purpose of act.
23-2502. Dcfiuition of terms.
23-2503. Use of electronic systems authorized — specifications — use at primaries
— procedure.
23-2504. Voting booths — sample ballots — arrangement of ballot information
— write-in ballots — preparation and testing of devices.
23-2505. Closing of polls — counting of votes — sealing and preservation of bal-
lots— returns.
23-2506. Rules and regulations — specifications for devices and equipment.
23-2507. General election laws applicable.
23-2501. Purpose of act. The purpose of this act is to authorize the
use of electronic voting systems in Avhich the voter records his votes by
means of marking or punching a ballot or one or more ballot cards, which
are so designed that votes may be counted by. data processing machines
at one or more counting places.
History: En. Sec. 1, Ch. 20, L. 1965.
23-2502. Definitioii of terms. As used in this act, unless otherwise
specified:
(a) "Automatic tabulating equipment" includes apparatus necessary
to automatically examine and count votes as designated on ballots and
data processing machines which can be used for counting ballots and
tabulating results.
(b) "Ballot card" means a ballot which is voted by the process of
punching.
(c) "Ballot labels" means the cards, papers, booklet, pages or other
materials containing the names of offices and candidates and statements
of measures to be voted on.
(d) "Ballot" may include ballot cards, ballot labels and paper ballots.
(e) "Counting location" means a location selected by the county clerk
and recorder or city clerk for the automatic processing or counting, or
both, of ballots which may be in the same county or in another county.
(f) "Electronic voting system" means a system of casting votes by
use of marking devices and tabulating ballots employing automatic tabu-
lating equipment or data processing equipment.
(g) "Marking device" means either an apparatus in which ballots or
ballot cards, are inserted and used in connection Avith a punch apparatus
for the piercing of ballots by the voter or any approved device for mark-
ing a paper ballot with ink or other substance which will enable the ballot
to be tabulated by means of automatic tabulating equipment.
History: En. Sec. 2, Ch. 20, L. 1965; Compiler's Note
amd. Sec. 1, Ch. 220, L. 1967. Chapter 20, as enacted in 1965, con-
tained no section "3."
23-2503. Use of electronic systems authorized — specifications — use at
primaries — procedure, (a) Electronic voting systems may be used in elec-
tions, provided that such systems enable the voter to cast a vote in secrecy
for all offices and all measures on which he is entitled to vote, and that
324
ELECTRONIC VOTING SYSTEMS 23-2504
the automatic tabulating equipment may be set to reject all votes for
any office or measure when tJie number of votes therefor exceeds the num-
ber which the voter is entitled to cast, or when the voter is not by law en-
titled to cast a vote for the office or measure.
(b) Electronic voting systems may be used at primary elections pro-
vided the voter can secretly select the party for which he wishes to vote,
and the automatic tabulating equipment will count only votes for the
candidates of one party, and will reject all votes for an office when the
number of votes therefor exceeds the number which the voter is entitled
to cast, and will reject all votes of a voter cast for candidates of more
than one party.
(c) So far as applicable, the procedure provided for voting paper
ballots shall apply.
(d) The governing body of any county, city or town may adopt,
experiment with, or abandon any electronic voting system herein author-
ized and approved for use in the state, and may use such system in all
or a part of the precincts within its boundaries, or in combination with
paper ballots. It may enlarge, consolidate or alter the boundaries of the
precincts where an electronic voting system is to be used.
History: En. Sec. 4, Ch. 20, L. 1965.
23-2504. Voting booths — sample ballots — arrangement of ballot in-
formation— write-in ballots — preparation and testing of devices, (a) In
precincts where an electronic voting system is used, a sufficient number of
voting booths shall be provided for the use of such systems, and the
booths shall be arranged in the same manner as provided for use with
paper ballots.
(b) The officials charged with the dut}' of providing ballots, ballot
cards or ballot labels for any polling place shall provide therefor sample
ballots, ballot cards or ballot labels which shall be exact copies of the
official ballots Avhich are caused to be printed by them ; said sample bal-
lots shall be arranged in the form of a diagram showing the front of the
marking device as it will appear after the ballots are arranged therein for
voting on election day. Such sample ballots shall be posted by the election
judges near the entrance of the voting booths and shall be there open to
public inspection during the whole of election day.
(c) The ballot information, whether placed on the ballot or on the
marking device, shall, as far as practicable, be in the order of arrangement
provided for paper ballots except that such information may be in vertical
or horizontal rows, or on a number of separate pages. Ballots for all ques-
tions must be provided in the same manner and must be arranged on or
in the marking device in the places provided for such purpose. Any voter
who spoils his ballot or ballot card or makes an error may return it to the
election board and secure another.
'(d) A separate write-in ballot, which may be in the form of a paper
ballot, card or envelope in which the elector places his ballot card after
voting shall be provided where necessary to permit electors to write in
the names of persons whose names are not on the ballot.
325
23-2505 ELECTIONS
(c) The county clerk and recorder or city clerk shall cause the mark-
ing devices to be put in order, set, adjusted and made ready for voting
when delivered to the election precincts. Before the opening of the polls
the election judges shall compare the ballots used in the marking device
with the sample ballots furnished, and see that the names, numbers and
letters thereon agree, and shall certify thereto on forms provided for this
purpose. The certification shall be filed with the election returns.
(f) Within five days prior to the election day, the county clerk and
recorder or city clerk shall have the automatic tabulating equipment tested
to ascertain that the equipment will correctly count the votes cast for all
offices and on all measures. Public notice of the time and place of the
test shall be given at least forty-eight (48) hours prior thereto by publi-
cation once in one or more daily or weekly newspapers published in the
county, city or town using such equipment, if a newspaper is published
therein, otherwise in a newspaper of general circulation therein. The test
shall be open to representatives of the political parties, candidates, the
press and the public. The test shall be conducted by processing a pre-
audited group of ballots so punched or marked as to record a predeter-
mined number of valid votes for each candidate and on each measure, and
shall include for each office one or more ballots which have votes in ex-
cess of the number allowed by law in order to test the ability of the auto-
matic tabulating equipment to reject such votes. If any error is detected,
the cause therefor shall be ascertained and corrected and an errorless count
shall be made before the automatic tabulating equipment is approved. The
test shall be repeated immediately before the start of the official count
of the ballots, in the same manner as set forth above. After the completion
of the count, the programs used and ballots shall be sealed, retained and
disposed of as provided for paper ballots.
History: En. Sec. 5, Ch. 20, L. 1965.
23-2505. Closing" of polls — counting- of votes — sealing and preservation
of ballots — returns, (a) In precincts where an electronic voting system is
used, as soon as the polls are closed, the election judges shall secure the
marking devices against further voting. They shall thereafter open the
ballot box and count the number of ballots or envelopes containing ballots
that have been cast to determine that the number of ballots does not
exceed the number of voters shown on the poll or registry lists. If there is
an excess, this fact shall be reported in writing to the appropriate election
officer in charge with the reasons therefor, if known. The total number of
voters shall be entered on the tally sheets. The election judges shall there-
upon count the write-in votes and prepare a return of such votes on forms
provided for this purpose. If ballot cards are used, all ballots on which
write-in votes have been recorded shall be serially numbered, starting with
the number ore, and the same number shall be placed on the ballot card of
the voter. The inspectors or other appropriate precinct election officials
shall compare the write-in votes with the votes cast on the ballot card
and if the total number of votes for any office exceeds the number allowed
by law, a notation to that effect shall be entered on the back of the ballot
326
ELECTRONIC VOTING SYSTEMS 23-2506
card and it shall be returned to the counting location in an envelope
marked "defective ballots" and such invalid votes shall not be counted.
So far as applicable, provisions relating to defective paper ballots shall
apply.
(b) The election judges shall place all ballots that have been cast iu
the container provided for that purpose, which shall be sealed and de-
livered forthwith by the election judges to the counting location or other
designated place, together with the unused, void and defective ballots and
returns.
(c) All proceedings at the counting location shall be under the di-
rection of the county clerk and recorder or city clerk under the observation
of at least three election judges designated by the county commissioners,
city council or commission and shall be open to the public, but no per-
sons except those employed and authorized for the purpose shall touch
any ballot, ballot container or return. If any ballot is damaged or defective
so that it cannot properly be counted by the automatic tabulating equip-
ment, a true duplicate copy shall be made of the damaged ballot in the
presence of witnesses and substituted for the damaged ballot. Likewise,
a duplicate ballot shall be made of a defective ballot which shall not in-
clude the invalid votes. All duplicate ballots shall be clearly labeled
"duplicate," shall bear a serial number which shall be recorded on the
damaged or defective ballot and shall be counted in lieu of the damaged or
defective ballot.
(d) The return printed by the automatic tabulating equipment, to
which has been added the return of write-in and absentee votes, shall
constitute the official return of each precinct or election district. Upon
completion of the count the returns shall be open to the public.
History: En. Sec. 6, Ch. 20, L. 1965.
23-2506. Rules and regulations — specifications for devices and equip-
ment, (a) The secretary of state may promulgate rules for the administra-
tion of this section, and shall approve the marking devices and automatic
tabulating equipment used in electronic voting systems, provided, however,
that the governing body of any county, city or town is authorized to adopt,
experiment with or abandon any electronic voting system which has been
used for at least two (2) successive elections in a state other than Montana
without the approval of the secretary of state if the governing body of the
county, city or town finds that the marking devices and automatic tabulat-
ing equipment proposed to be used fullfiU the requirements of subsection (b).
(b) No marking device or automatic tabulating equipment shall be
approved unless it fulfills the following requirements :
(1) It shall permit and require voting in absolute secrecy.
(2) It shall permit each elector to vote at any election for all persons
and offices for whom and for which he is lawfully entitled to vote, and
no others; to vote for as many persons for an office as he is entitled to
vote for; to vote for or against any question upon which he is entitled to
327
23-2507 ELECTIONS
vote; and to vote, Avhere applicable, for all candidates of one (1) party or
to vote a split ticket as he desires.
(3) It shall permit each elector, at presidential elections, by one (1)
punch or mark to vote for the candidates of that party for presidential
elector as a group.
(4) It shall comply with all other requirements of the election laws
so far as they are applicable.
History: En. Sec. 7, Ch. 20, L. 1965;
amd. Sec. 2, Ch. 220, L. 1967.
23-2507. General election laws applicable. All laws of this state ap-
plicable to elections where voting is done in another manner than by elec-
tronic voting systems and all penalties prescribed for violation of such
laws, shall apply to elections and precincts Avhere electronic voting systems
are used, in so far as they are not in conflict with the provisions of this
act.
History: En. Sec. 8, Ch. 20, L. 1965.
4
328
TITLE 32
HIGHWAYS, BRIDGES AND FERRIES
CHAPTER 29
BOAED OF COUNTY COMMISSIONERS
RESPONSIBILITY FOR BRIDGES AND FERRIES
Section 32-2903. Election to determine question of construction — bonds — special levy.
32-2903. Election to determine question of construction — bonds — spe-
cial levy. (1) Before undertaking the construction of any bridge the cost
of which shall exceed ten thousand dollars ($10,000), in any city or town,
the board shall submit to the qualified electors of the county, at a general
or special election, the question of whether the bridge shall be constructed
and its cost paid by the county.
(2) If the electors vote in favor of construction, the board may issue
and sell bonds of the county to the amount authorized for the construc-
tion of the bridge. Bonds shall be issued under such regulations as apply
to other bonds of the county.
(3) The bridge shall be constructed using the proceeds of such sale.
(4) If the cost of the bridge does not exceed the amount authorized
to be raised by a special tax, it may be levied as provided in section 32-3604
of this code.
History: En. Sec. 5-203, Ch. 197, L. 1965.
CHAPTER 36
COUNTY TAX LEVIES FOR ROAD AND
BRIDGE CONSTRUCTION
Section 32-3605. Additional tax levy for road and bridge construction.
32-3605. Additional tax levy for road and bridge construction. (1)
Each board may make an additional levy upon the taxable property in
the county of ten (10) mills or less for constructing public highways and
bridges.
(2) Before the additional levy may be made, the question shall be
submitted to a vote of the people at some general or special election in
the following form, inserting the number of mills to be levied and the
name of the county : "Shall there be an additional levy of mills
upon the taxable property in the county of , state of Montana,
for the purpose of constructing public highways and bridges?
n Yes
D No."
329
37-101 ELECTION LAWS
(3) A majority of the votes cast shall be necessary to permit the
additional levy which shall be collected in the same manner as other road
taxes.
History: En. Sec. 7-106, Oh. 197, L. 1965.
TITLE 37
INITIATIVE AND REFERENDUM
CHAPTER 1
INITIATIVE AND REFERENDUM
Section 37-101. Form of petition for referendum.
37-102. Form of petition for initiative.
37-103. County clerk to verify signatures.
37-104. Notice to governor and proclamation.
37-104.L Attorney general's summary of referred or initiative measures —
placement on ballot.
37-105. Certification and numbering of measures — constitutional amendments.
37-106. Manner of voting — ballot.
37-107. Printing and distribution of measures.
37-108. Canvass of votes.
37-109. Who may petition — false signature — penalties.
37-110. Referred bills not effective until approved.
37-101. (99) Form of petition for referendum. The following shall be
substantially the form of petition for the referendum to the people on any
act passed by the legislative assembly of the state of Montana :
Warning.
Any person signing any name other than his own to this petition, or
signing the same more than once for the same measure at one election,
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 ($500.00), 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 of the state of
Montana :
We, the undersigned citizens and legal voters of the state of Montana,
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 legislative assembly, shall be re-
ferred to the people of the state for their approval or rejection, at the regu-
lar, 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, postoflSce
address, and voting precinct are correctly written after my name.
Name Residence
PostoflSce address
330
INITIATIVE AND REFERENDUM 37-103
If in city, street and number
Voting precinct
(Here follow numbered lines for signatures.)
History: En. Sec. 1, Ch. 62, L. 1907; Cross-Beference
Sec. 106, Eev. O. 1907; re-en. Sec. 99, Constitutional provisions, Art. V, Sec. 1.
B. 0. M. 1921.
37-102. (100) Form of petition for initiative. The following shall be
substantially 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 election,
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 ($500.00), or
imprisonment in the penitentiary not exceeding two years, or by both such
fine and imprisonment.
Petition for Initiative.
To the Honorable , Secretary of State oi the
State of Montana:
We, the undersigned legal voters of the state of Montana, respectfully
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, postoflBce ad-
dress, 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 initia-
tive petition; but such petition may be filed with the secretary of state
in numbered sections, for convenience in handling, and referendum peti-
tions may be filed in sections in like manner.
History: En. Sec. 2, Ch. 62, L. 1907;
Sec. 107, Bev. O. 1907; re-en. Sec. 100, B.
C. M. 1921.
37-103. (101) County clerk to verify signatures. The county clerk of
each county in which any such petition shall be signed shall compare the
signatures of the electors signing the same with their signatures on the regis-
tration books and blanks on file in his office, for the preceding general
election, and shall thereupon attach to the sheets of said petition contain-
331
37-103 ELECTION LAWS
ing such signatures his certificate to the secretary of state, substantially
as follows:
State of Montana, ]
}>ss.
County of J
To the Honorable , Secretary of State
for Montana :
I, , county clerk of the county of
, hereby certify that I "have compared the
signatures on (number of sheets) of the referendum (initiative) petition,
attached hereto, with the signatures of said electors as they appear on the
registration books and blanks in my office; and I believe that the signa-
tures of (names of signers), numbering (number of genuine signatures),
are genuine. As to the remainder of the signatures thereon, I believe that
they are not genuine, for the reason that ;
and I further certify that the following names
( ) do not appear on the registration books and blanks
in my office.
Signed :
, County Clerk.
(Seal of Office) By ,
Deputy
Every such certificate shall be prima facie evidence of the facts stated
therein, and of the qualifications of the electors whose signatures are thus
certified to be genuine, and the secretary of state shall consider and count
only such signatures on such petitions as shall be so certified by said county
clerks to be genuine; provided, that the secretary of state may consider
and count such of the remaining signatures as may be proved to be genu-
ine, and that the parties so signing were legally qualified to sign such
petitions, and the official certificate of a notary public of the county in
which the signer resides shall be required as to the fact for each of such
last-named signatures; and the secretary of state shall further compare
and verify the official signatures and seals of all notaries so certifying
with their signatures and seals filed in his office. Such notaries' certificate
shall be substantially in the following form :
State of Montana, ]
}-ss.
County of J-
I, , a duly qualified and acting notary
public in and for the above-named county and state, do hereby certify:
that I am personally acquainted with each of the following named electors
whose signatures are affixed to the annexed petition, and I know of my
own knowledge that they are legal voters of the state of Montana, and
of the county and precincts written after their several names in the an-
nexed petition, and that their residence and postoffice address is correctly
stated therein, to-wit: (Names of such electors.)
332
INITIATIVE AND REFERENDUM 37-104.1
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 petition,
or any part thereof, for a longer period than two days for the first two
hundred signatures thereon, and one additional day for each two hundred
additional signatures, or fraction thereof, on the sheets presented to him,
and at the expiration of such time he shall forward the same to the secre-
tary 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.
History: En. Sec. 3, Ch. 62, L. 1907;
Sec. 108, Rev. C. 1907; re-en. Sec. 101,
R. C. M. 1921.
37-104. (102) Notice to governor BJid proclamation. Immediately upon
the filing of any such petition for the referendum or the initiative with the
secretary of state, signed by the number of voters and filed within the time
required by the constitution, he shall notify the governor in writing of the
filing of such petition, and the governor shall forthwith issue his proclama-
tion, announcing that such petition has been filed, with a brief statement
of its tenor and effect. Said proclamation shall be published four times for
four consecutive weeks in one daily or weekly paper in each county of the
state of Montana.
History: En. Sec. 4, Ch. 62, L. 1907;
re-en. Sec. 109, Rev. C. 1907; re-en Sec.
102, R. C. M. 1921.
37-104.1. Attorney general's summary of referred or initiative meas-
ures — placement on ballot. The secretary of state of the state of Montana
prior to certifying and numbering of referendum, initiative or constitu-
tional amendment to the several counties of Montana as provided by sec-
tions 37-105 and 23-1102 of the Revised Codes of Montana, 1947, shall
transmit a copy of the measure to be voted upon to the attorney general
of Montana. Within ten (10) days after the measure is filed with him,
the attorney general shall provide and return to the secretary of state a
statement in ordinary plain language explaining in not more than one
hundred (100) words the general purpose of the measure submitted. The
statement as prepared by the attorney general, shall be in addition to the
legislative title of the measure. On the printing of the ballot, the state-
ment of the attorney general shall precede the other title of the measure.
In providing the statement, the attorney general shall give a true and
impartial statement of the purpose of the measure in plain, easily under-
stood language and in such manner as shall not be an argument or likely
to create prejudice either for or against the measure.
History: En. Sec. 1, Ch. 22, L. 1963.
333
37-105 ELECTION LAWS
37-105. (103) Certification and numbering of measures — constitutional
amendments. The secretary of state, at the same time that he furnishes to
the county clerk of the several counties certified copies of the names of the
candidates for office, shall also furnish the said county clerks his certified
copy of the titles and numbers of the various 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 iiling 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 meas-
ures. 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 num-
bered alike. It shall be the duty of the several county clerks to print said
titles and numbers on the official ballot prescribed by section 23-1102, 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 23-1102 and no such amendment shall hereafter be submitted on
a separate ballot. Nothing herein contained shall be deemed to change the
existing laws of the state regulating in other respects the manner of sub-
mitting such proposed amendments.
History: En. Sec. 5, Oh. 62, L. 1907; Ch. 66, L. 1913; re-en. Sec. 103, B. C. M
re-en. Sec. 110, Bev. O. 1907; amd. Sec. 1, 1921; amd. Sec. 1, Ch. 52, L. 1927.
37-106. (104) Maimer of voting — ^ballot. The manner of voting on
measures submitted to the people shall be by marking the ballot with a
cross in or on the diagram opposite and to the left of the proposition for
which the voter desires to vote. The form of ballot to be used on measures
submitted to the people shall be submitted to and determined by the
attorney general of the state of Montana. The following is a sample ballot
representing negative vote :
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 Ai^lain.
Against Said Measure No. 7.
334
INITIATIVE AND REFERENDUM 37-107
History: En. Sec. 6, Ch. 62, L. 1907; 66, L. 1913; re-en. Sec. 104, R. O, M. 1921;
Sec. Ill, Rev. C. 1907; amd. Sec. 2, Oh. amd. Sec. 1, Ch. 18, L. 1937.
37-107. (105) Printing and distribution of measnres. The secretary of
state shall furnish a copy of each of the proposed measures to be submitted
to the people and make requisition on the state purchasing agent for the
printing and delivery to him of all proposed constitutional 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 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 ^nd contract
with the lowest responsible bidder for the printing of the proposed law to
be submitted to the people. Any measure 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 23-303, upon a separate official ballot and no such measure shall be
submitted on a general ballot. All other measures proposed to be sub-
mitted to the people including constitutional 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 23-1105.
The proposed law to be submitted shall be printed in news type, each
page to be six inches wide by nine inches long, and when such proposed
measure constitutes less than six pages, it shall be printed flat and for-
warded to the county clerk and recorder of each of the several counties in
that form.
When the proposed measure constitutes more than six pages, said
measure shall be printed in pamphlet form, securely stapled, without cover.
No proposed measure, hereafter, to be submitted to the people of the state,
as provided for in this section shall be bound. The quality of the paper to
be used for the proposed measure shall be left to 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 number of registered voters, as
shown by the registration lists of the several counties of the state at the
last preceding general election.
The secretary of state shall distribute to each county clerk before the
second Monday in the third month next preceding such regular general
election, a sufficient number of said pamphlets to furnish one copy to every
voter in his county. And each county clerk shall be required to mail to each
registered voter in each of the several counties in the state at least one copy
of the same within thirty (30) days from the date of his receipt of the same
from the secretary of state. The mailing of said pamphlets to electors shall
be a part of the official duty of the county clerk of each of the several
385
37-108 ELECTION LAWS
counties, and his official compensation shall be full compensation for this
additional service.
History: En. Sec. 7, C?li. 62, L. 1907; 1927; amd. Sec. 2, Oh. 104, L. 1946; amd.
Sec. 112, Eev. C. 1907; re-en. Sec, 105, Sec. 1, Oh. 67, L. 1947.
R. C. M. 1921; amd. Sec. 1, Oh. 137, L.
37-108. (106) Canvass 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 re-
turned, 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 23-1812 and 23-1813 for abstracts
of votes for state officers. It shall be the duty of the state board of can-
vassers to proceed within thirty days after the election, and sooner if the
returns be all received, to canvass the votes given for each measure, and
the governor shall forthwith issue his proclamation, which shall be pub-
lished in two daily newspapers printed at the capital, giving the whole
number of votes cast in the state for and against each measure and ques-
tion, 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.
History: En. Sec. 8, Oh. 62, L. 1907;
Sec. 113, Rev. C. 1907; re-en. Sec. 106,
R. C. M. 1921.
37-109. (107) Who may petition — false signature — penalties. Every
person who is a qualified elector of the state of Montana may sign a petition
for the referendum or for the initiative. Any person signing any name other
than his own to such petition, or signing the same more than once for the
same measure at one election, or who is not, at the time of signing the
same, a legal voter of this state, or any officer or any person wilfully
violating any provision of this statute, shall, upon conviction thereof, be
punished by a fine not exceeding five hundred dollars, or by imprisonment
in the penitentiary not exceeding two years, or by both such fine and im-
prisonment, in the discretion of the court before which such conviction shall
be had.
History: En. Sec. 9, Oh. 62, L. 1907;
Sec. 114, Rev. 0. 1907; re-en. Sec. 107, R.
C. M. 1921.
37-110. (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 majority of those voting for and
against it.
History: En. Sec. 10, Ch. 62, L. 1907;
Sec. 115, Rev. 0. 1907; re-en. Sec. 108, R.
C. M. 1921.
336
TITLE 43
LEGISLATURE AND ENACTMENT OF LAWS
CHAPTER 1
SENATORIAL, REPEESENTATIVE AND CONGRESSIONAL DISTRICTS
Section 43-106.1. Number of senators — senatorial districts and apportionment.
43-106.2. Number of representatives — representative districts and apportion-
ment.
43-107. Congressional districts.
43-106.1. Number of senators — senatorial districts and apportionment.
The senate of the legislative assembly shall consist of fifty-five (55) mem-
bers. The senatorial districts and the number of senators elected from
each district are as follows :
Senatorial
Number of
District Consists of
District Number
Senators
County or Counties
1
Carter, Fallon, Wibaux, Prairie
2
Dawson
3
Richland and McCone
4
Roosevelt
5
Valley, Daniels, Sheridan
6
Rosebud, Treasure, Garfield,
Petroleum
7
Custer
8
Big Horn, Powder River
9
Yellowstone
10
Phillips, Blaine
11
Fergus
12
Musselshell, Golden Valley,
Wheatland, Sweet Grass
13
Carbon, Stillwater
14
Park
15
Gallatin
16
Jefferson, Broadwater, Meagher
17
Chouteau, Judith Basin
18
6
Cascade
19
2
Hill, Liberty
20
2
Toole, Pondera, Teton
21
2
Lewis and Clark
?^,
2
Deer Lodge, Powell, Granite
337
43-106.2
ELECTION LAWS
Senatorial
Number of
District Consists of
District Number
Senators
County or Counties
23
4
Silver Bow
24
Beaverhead, Madison
25
Ravalli
26
Missoula
27
Sanders, Mineral
28
Lake
29
Glacier
30
3
Flathead
31
1
Lincoln
History: En. Sec. 1, Ch. 194, L. 1967.
43-106.2. Number of representatives — representative districts and ap-
portionment. The house of representatives of the legislative assembly shall
consist of one hundred and four (104) members. The representative districts
and the number of representatives elected from each district are as follows :
sentative
Number of
District Consists of
t Number
Representatives
County or Counties
1
2
Carter, Fallon, Wibaux and
Prairie
2
2
Dawson
3
2
Richland and McCone
4
2
Roosevelt
5A
1
Sheridan
5B
3
Valley, Daniels
6
2
Rosebud, Treasure, Garfield and
Petroleum
7
2
Custer
8
2
Big Horn and Powder River
9
12
Yellowstone
lOA
1
Phillips
lOB
1
Blaine
11
2
Fergus
12A
1
Musselshell and Golden Valley
12B
1
Wheatland and Sweet Grass
13
2
Carbon and Stillwater
14
2
Park
15
4
Gallatin
16
2
Jefferson, Broadwater and
Meagher
17
2
Chouteau and Judith Basin
18
11
Cascade
19
3
Hill and Liberty
20A
1
Toole
20B
1
Pondera
20C
1
Teton
338
LEGISLATURE AND ENACTMENT OF LAWS 43-201
Representative
Number
of
District Consists of
District Number
Representatives
County or Counties
21
4
Lewis and Clark
22A
1
Powell
2^R
3
Deer Lodge and Granite
23
7
Silver Bow
24A
1
Beaverhead
24B
1
Madison
25
2
Ravalli
26
7
Missoula
27
2
Sanders and Mineral
28
2
Lake
29
2
Glacier
30
5
Flathead
31
2
Lincoln
History: En. Sec. 2, Ch. 194, L. 1967.
43-107. (48) Congressional districts. The counties of Beaverhead, Broad-
water, Deer Lodge, Flathead, Gallatin, Granite, Jefferson, Lake, Lewis and
Clark, Lincoln, Madison, Mineral, Missoula, Powell, Ravalli, Sanders, Silver
Bow, Glacier, Toole, Liberty, Pondera, Teton, Meagher, and Park shall
constitute the first congressional district of the state. The counties of Big
Horn, Blaine, Carbon, Carter, Cascade, Chouteau, Custer, Daniels, Dawson,
Fallon, Fergus, Garfield, Golden Valley, Hill, Judith Basin, McCone, Mussel-
shell, Petroleum, Phillips, Powder River, Prairie, Richland, Rosebud, Roose-
velt, Sheridan, Stillwater, Sweet Grass, 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.
History: Ap. p. Sec. 120, Pol. C. 1895; 1921; amd. Sec. 1, Ch. 113, L. 1946; amd.
re-en. Sec. 47, Rev. C. 1907; amd. Sec. 1, Sec. 1, Ch. 124, L. 1967.
Ch. 44, L. 1917; re-en. Sec. 48, R. C. M.
CHAPTER 2
THE LEGISLATIVE ASSEMBLY— ITS COMPOSITION,
OEGANIZATION, OFFICERS AND EMPLOYEES
Section 43-201. Composition of legislative assembly.
43-202. Term of office.
43-206. Certificate of election evidence of a right to seat.
43-215. Filling vacancies in legislative assembly — appointment by board of
county commissioners — calling of board meeting.
43-216. Alternate method of selection — failure of one candidate to receive
majority vote.
4a-217. "Vacancy" defined.
43-201. (51) Composition of legislative assembly. The legislative
assembly consists of senators and representatives elected from the several
339
43-202 ELECTION LAWS
senatorial and representative districts of the state in the number specified
by law.
History: En. Sec. 150, Pol. C. 1895; Ch. 5, L. 1921; re-en. Sec. 51, R. C. M.
re-en. Sec. 50, Rev. C. 1907; amd. Sec. 1, 1921.
43-202. (52) Term of oflBce. The term of office of a senator is four
years, and of a representative two years; and the term of service thereof
shall begin on the first Monday of January next succeeding his election,
and if a senator or representative be elected to fill a vacancy, his term of
service shall begin on the next day after his election.
History: Ap. p. Sec. 151, Pol. C. 1895; Ch. 17, L. 1909; re-en. Sec. 52, R. C. M.
re-en. Sec. 51, Rev. C. 1907; amd. Sec. 1, 1921. Cal. Pol. C. Sec. 226.
43-206. (56) Certificate of election evidence of a right to seat. The
certificate of election from the clerk of the proper county is prima-facie
evidence of the right to membership of the person certified therein to be
elected, for all purposes of organization of either branch of the legislative
assembly.
History: En. Sec. 1, p. 89, L. 1885; re- Rev. C. 1907; re-en. Sec. 56, R. C. M. 1921.
en. Sec. 1325, 5tli Div. Comp. Stat. 1887; Cal. Pol. C. Sec. 236.
amd. Sec. 161, Pol. C. 1895; re-en. Sec. 56,
43-215. Filling vacancies in legislative assembly — appointment by board
of county commissioners — calling of board meeting. When a vacancy
occurs, in either house of the legislative assembly, the vacancy shall be
filled by appointment by the board of county commissioners, or, in the
event of a multicounty district, the board of county commissioners com-
prising the district sitting as one appointing board. The chairman of the
board of county commissioners of the county in which the person resided
whose vacancy is to be filled shall call a meeting for the purpose of ap-
pointing the member of the legislative assembly, and he shall act as the
presiding officer of the meeting.
History: En. Sec. 1, Ch. 179, L. 1967.
43-216. Alternate method of selection — failure of one candidate to
receive majority vote. In the event that a decision cannot be made by the
appointing board because of failure of any candidate to receive a majority
of the votes, the final decision may be made by lot from a number of
candidates, not exceeding the number of counties comprising the dis-
trict, in accordance with rules of selection adopted by the appointing
board.
History: En. Sec. 2, Ch. 179, L. 1967.
43-217. "Vacancy" defined. For the purposes of this act, "vacancy"
or "vacancies" has the same meaning as prescribed in section 59-602,
R.C.M. 1947.
History: En. Sec. 3, Ch. 179, L. 1967.
340
TITLE 44
LIBRARIES
CHAPTER 2
COUNTY AND REGIONAL FEEE LIBEAEIES
Section 44-213. Participation of other governmental units.
44-213. Participation of other governmental units. When a joint county
or regional library shall have been established, the legislative body of any
government unit therein that is maintaining a library may decide, with
the concurrence of the board of trustees of its library, to participate in
the joint county or regional library ; after which, beginning with the next
fiscal year of the county, the governmental unit shall participate in the
joint county or regional library and its residents shall be entitled to the
benefits of the joint county or regional library, and property within its
boundaries shall be subject to taxation for joint county or regional library
purposes. A governmental unit participating in the joint county or regional
library may retain title to its own property, continue its own board of
library trustees, and may levy its own taxes for library purposes; or, by
a majority vote of the qualified electors, a governmental unit may transfer,
conditionally or otherwise, the ownership and control of its library, with
all or any part of its property, to another governmental unit which is pro-
viding or will provide free library service in the territory of the former,
and the trustees or body making the transfer shall thereafter be relieved
of responsibility pertaining to the property transferred. The state board
of education may contract with the government of any city or county, or
the governments of both the city and the county, in which a unit of the
university of Montana is located for the establishment and operation of
joint library facilities. Any such contract which proposes the erection of a
building shall be subject to the approval of the legislature. Any joint
library facilities established pursuant to this section shall be operated and
supported as provided in such contract and under this chapter.
History: En. Sec. 2, Ch. 132, L. 1939;
amd. Sec. 1, Ch. 249, L. 1963.
TITLE 62
PARKS AND PUBLIC RECREATION
CHAPTER 2
CITY, TOWN AND SCHOOL DISTRICT CIVIC CENTERS,
PARKS AND RECREATIONAL FACILITIES
341
62-201 ELECTION LAWS
Section 62-201. Public parks and grounds, civic and youth centers — additional indebted-
ness of municipalities to provide.
62-201. (5159) Public parks and grounds, civic and youth centers — ad-
ditional indebtedness of municipalities to provide. A city or town council,
or commission, in addition to the power it now has under the law, has and is
hereby granted and given the further power:
(1) To contract an indebtedness on behalf of a city or town, upon the
credit thereof, by borrowing money or issuing bonds for the purpose of pur-
chasing and improving lands for public parks and grounds ; and/or for pro-
curing by purchase, or construction, or otherwise, swimming pools, athletic
fields, skating rinks, playgrounds, museums, a golf course, a site and build-
ing for a civic center, a youth center, or combination thereof, and furnishing
and equipping the same ; and
(2) To purchase, build, furnish and equip the same; 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
(3) per centum of the value of the taxable property of the city or town, as
ascertained by the last assessment for state and county taxes previous to the
incurring of such indebtedness ; and provided, further, that no money must
be borrowed on bonds issued for the purchase of lands and improving same
for any such purpose, until the proposition has been submitted to the vote,
of those qualified under the provisions of the state constitution to vote at
such election in the city or town affected thereby, and a majority vote cast
in favor thereof.
History: En. Sec. 1, Ch. 55, L. 1909; 1, Ch. 114, L. 1923; amd. Sec. 1, Ch. 71, L.
re-en. Sec. 5159, R. C. M. 1921; amd. Sec. 1945; amd. Sec. 1, Ch. 64, L. 1947.
TITLE 75
SCHOOLS
CHAPTER 13
THE PUBLIC SCHOOLS— SUPERINTENDENT OF PUBLIC INSTEUCTION
Section 75-1301. Election, qualification, oath.
75-1301. (931) Election, qualification, oath. There shall be chosen
by the qualified electors of the state, at the time and place of voting for
members of the legislature, a superintendent of public instruction, who
shall have attained the age of thirty years at the time of his election, and
shall have resided within the state two years next preceding his election,
and is the holder of a state certificate of the highest grade, issued in some
state, and recognized by the state board of education, or is a graduate of
some university, college, or normal school recognized by the state board
of education as of equal rank with a unit of the university of Montana.
He shall hold his office at the seat of government for the term of four
342
SCHOOLS 75-1504
years from the first Monday in January following his election, and until
his successor is elected and qualified. Before entering upon his duties, he
shall take the oath of a civil officer.
History: En. Sec. 1700, Pol. C. 1896; 200, Oh. 76, L. 1913; re-en. Sec. 931, E. C.
re-en. Sec. 805, Rev. C. 1907; amd. Sec. M. 1921; amd. Sec. 33, CIl 177, L. 1965.
CHAPTER 15
COUNTY SUPERINTENDENT OF SCHOOLS
Section 76-1501. County superintendent of schools — eligible without regard to sex.
75-1502. Qualifications for county superintendent of schools.
75-1503. Election of superintendent.
75-1504. Term of office.
75-1501. (950) County superintendent af schools — eligible without re-
gard to S€X. All persons otherwise qualified shall be eligible to the office
of county superintendent of common schools without regard to sex.
History: Ap. p. Sec. 8, p. 621, Ck>d. 1868, 5th Div. Comp. Stat. 1887; re-eiL Sec.
Stat. 1871; amd. Sec. 8, p. 118, L. 1874; 1730, Pol. C. 1895; re-en. Sec. 823, Bev. C.
re-en. Sec. 1095, 5th Div. Rev. Stat. 1879; 1907; amd. Sec. 300, Ch. 76, L. 1913; re-en.
amd. Sec. 1, p. 53, L. 1883; re-en. Sec. Sec. 960, B. C. M. 192L
75-1502. (950.1) Qualifications for county superintendent of schoolB.
No person shall be eligible to the office of county superintendent of schools
in any county of Montana, who, in addition to the qualifications required by
the constitution of the state of Montana, is not the holder of a state certifi-
cate offered by the state of Montana, granted by endorsement upon gradua-
tion from a standard normal school, or college, or university ; or who is not
the holder of a certificate offered by the state of Montana, designated as a
state certificate granted by examination in accordance with the rules and
regulations as 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.
History: En. Sec. 1, Ch. 118, L. 1929.
75-1503. (951) Election of superintendent. A county superintendent
of schools shall be elected in each organized county in this state at the
general election preceding the expiration of the term of office of the present
incumbent, and every four years thereafter.
History: This section originally a part 1868, 5th Div. Comp. Stat. 1887; re-en. Sec.
of Sec. 950. Ap. p. Sec. 8, p. 621, Cod. 1730, Pol. C. 1895; re-en. Sec. 823, Bev. 0.
Stat. 1871; amd. Sec. 8, p. 118, L. 1874; 1907; amd. Sec. 300, Ch. 76, I*. 1913; re-en.
re-en. Sec. 1095, 5th Div. Bev. Stat. 1879; Sec. 951, B. C. M. 1921; amd. Sec. 1, Ch.
amd. Sec. 1, p. 53, L. 1883; re-en. Sec. 10, L. 1945.
75-1504. (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.
History: This section originally a part 1868, 5th Div. Comp. Stat. 1887; re-en. Sec.
of Sec. 950. Ap. p. Sec. 8, p. 621, Cod. 1730, Pol. C. 1895; re-en. Sec. 823, Bev. C.
Stat. 1871; amd. Sec 8, p. 118, L. 1874; 1907; amd. Sec. 300, Oh. 76, L. 1913; re-en.
re-en. Sec. 1095, 5th Div. Bev. Stat. 1879; Sec. 952, B. C. M. 1921; amd. Sec. 2, Ch.
amd. Sec. 1, p. 53, L. 1883; re-en. Sec. 10, L. 1946.
343
75-1601 ELECTION LAWS
CHAPTER 16
SCHOOL TEUSTEES
Section 75-1601. Qualiflcationa of.
75-1602. Number of.
75-1603. Elections.
75-1604. Elections in districts of second and third class — nominations.
75-1605. Conduct of election.
75-1606. Election in districts of first class — nominations and conduct of
elections.
75-1607. Board of trustees to call election.
75-1608. Same — notice of.
75-1609. Hours of election.
75-1610. Judges.
75-1611. Ballots and method of voting.
75-1612. Poll and tally-list, certificate of judges and canvass of votes.
75-1613. Term of office — vacancy — oath of trustees.
75-1614. Vacancy in school board.
75-1615. Trustees — how removed.
75-1616. Vacancy in office of clerk.
75-1617. Kearrangement of terms to prevent the election of a majority of the
trustees.
75-1618. Qualifications of electors.
75-1619. Challenges — oath of voters.
75-1620. Expenses of election.
75-1631, Call of special election.
75-1632. Duties of trustees.
75-1601. (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.
History: En. Sec. 500, Oh. 76, L. 1913;
re-en. Sec. 985, R. C. M. 1921.
75-1602. (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 trus-
tees shall be three.
History: Ap. p. Sec. 1770, Pol. C. 1895; amd. Sec. 1, Ch. 16, L. 1911; amd. Sec. 501,
amd. Sec. 1, p. 136, L. 1897; amd. Sec. 1, Ch. 76, L. 1913; re-«n. Sec. 986, R. C. M.
Ch. 69, L. 1907; Sec. 850, Rev. C. 1907; 1921.
75-1603. (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.
History: Ap. p. Sec. 1880, 5th Div. NOTE.— The last sentence nf this sec-
Comp. Stat. 1887; amd. Sec. 1, p. 243, L. tion relating to election of school trustees,
1891; amd. Sec. 1770, Pol. C. 1895; amd. held in violation of the Constitution, Sec-
Sec. 1, p. 136, L. 1897; amd. Sec. 1, p. 57, tion 13, Article IX and Section 10, Article
L. 1899; amd. Sec. 1, Ch. 69, L. 1907; Sec. XL Opinions of Attorney General, Vol. 7,
850, Rev. C. 1907; amd. Sec. 1, Ch. 16, L. p. 96. Similar holding in Opinion No. 112,
1911; amd. Sec. 502, Ch. 76, L. 1913; amd. Vol. 15.
Sec. 7, Ch. 81, L. 1917; re-en. Sec. 987,
R. C. M. 1921.
344
SCHOOLS 75-1606
75-1604. (988) Elections in districts of second and third class —
nominations. 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 twenty 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.
History: En. Sec. 502, Ch. 76, L. 1913;
re-en. Sec. 988, R. C. M. 1921; amd. Sec.
1, Ch. 46, L. 1965.
75-1605. (989) Conduct of election. In districts of the second and
third classes, the election of school trustees shall be held and conducted
under the supervision of the board of school trustees. The clerk of the school
district must, not less than fifteen days before the election required under
this act, post notices in three public places in said district, and in incor-
porated cities in each ward, which notices must specify the time and place
of election, and the hours during which the polls will be open. The trus-
tees must appoint by an order entered in their records three qualified
electors of said district, to act as judges 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 elec-
tors present may appoint judges, and the judges so appointed shall desig-
nate 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.
History: En. Sec. 502, Ch. 76, L. 1913;
re-en. Sec. 989, R. C. M. 1921.
75-1606. (990) Election in districts of first class — nominations and con-
duct of elections. In districts of the first class, no person shall be voted for
or elected as 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 twenty
(20) qualified electors were present, and a chairman and secretary were
elected, and a certificate of such nomination, setting forth the place where
the meeting was held, giving the names of the candidates in full, and if
there are different terms to be filled, the term for which such candidate was
nominated, duly certified by the chairman and secretary of such meeting,
shall be filed with the district clerk 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) qualified electors were present, and his nomination certified and filed
as aforesaid, and the board of trustees acting as a canvassing board shall
not count any votes cast for any person, unless he has been so nominated
and a certificate thereof filed as herein required. In the event there be held
only one (1) such public meeting, and only one (1) candidate be nominated
345
75-1607 ELECTION LAWS
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.
History: '«hi. Sec. 502, Oh. 76, L. 1913; de XI and Section 11, Article IX and
re-en. Sec. 990, E. C. M. 1921; amd. Sec. 1, Section 5, Article III of the Constitution,
Ch. 205, L. 1943; amd. Sec. 1, Ch. 130, L. aa depriving electors of the right to ex-
1945. press free choice of school trustees. Opin-
NOTE.-This section, as it existed in io"« <>* Attorney General Vol. 5, p. 477.
1914, held in violation of Section 10, Arti-
75-1607. (991) Board of trustees to call election. The board of trustees
shall, at least thirty days before the annual election of school trustees, by an
order entered upon the minutes of their meeting, designate and establish
a suitable number of polling places and create an equal number of election
precincts to correspond, and define the boundaries thereof.
History: En. Sec. 602, Ch. 76, L. 1913;
re-en. Sec. 991, R. C. M. 1921.
75-1608. (992) Same— notice of. The district clerk shall, at least fif-
teen 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 election in some newspaper in the county,
they may, by an order entered on the minutes of their meeting, direct the
district clerk to publish the notice of election required to be given in
districts of the first class, in some newspaper in the county.
History: En. Sec, 502, Ch. 76, L. 1913;
re-en. Sec. 992, S. C. M. 1921.
75-1609. (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.
History: En. Sec. 6, p. 138, L. 1897; 502, Ch. 76, L. 1913; re-eai. Sec. 993, B. 0.
re-«n. Sec. 855, Rev. C. 1907; amd. Sec. M. 1921; wnd. Sec 1, Oh. 136, L. 1947.
75-1610. (994) Judges. The board of district trustees shall, at least ten
days before the day of the annual election of trustees in any district of the
first class, appoint three qualified electors of the district for each polling
place established to act as judges of election, and the district clerk shall
notify such persons by mail of their appointment. Such judges shall
designate one of their number to act as clerk of such election. If the
judges appointed, or any of them, are not present at the time for the
opening of the polls, the electors present may appoint judges, who must
be qualified electors, to act in the place of those who are absent.
History: En. Sec. 502, Oh. 76, L. 1913;
re-en. Sec. 994, R. C. M. 1921.
346
SCHOOLS 75-1613
75-1611. (995) Ballots and method of voting. In districts of the first
Class, the ballot shall show the name or names of the candidates and the
length of time for which they are to be elected. These ballots shall be as
near as possible in the following form:
For School Trustees:
For three (3) year term.
Vote for Three :
John Abner
"William Brown
Adam Smith
For one (1) year term.
George Davis
History: En. Sec. 9, p. 139, L. 1897; 502, Oh. 76, L. 1913; re-en. Sec. 995, R. 0.
re-en. Sec. 858, Rev. C. 1907; amd. Sec. M. 1921.
75-1612. (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 bal-
lots 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 deposits his ballot. There shall also
be provided a tally-list for each polling-place; after the ballots have been
counted and made to agree with the poll-list the judges shall proceed to
count them. The clerk shall enter in the tally -list the name of every person
voted for as trustee, and the term, and tally opposite his name the number
of votes cast for him, and at the end thereof set down in a column provided
for that purpose the whole number of votes he received. The judges and
clerk shall sign a certificate to said tally-list, setting forth the whole number
of votes cast for each person or trustee, designating the term, and they shall
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 ascertained from said tally-list. Said books and tally-lists
shall be returned to the board of trustees of the district, who shall
canvass the vote and cause the clerk of the district to issue a certificate" of
election to the 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.
History: Ap. p. Sec. 1780, Pol. C. 1895; 860, Rev. C. 1907; amd. Sec. 502, Ch. 76,
amd. Sec. 11, p. 142, L. 1897; amd. Sec. L. 1913; re-en. Sec. 996, B. C. M. 1921.
75-1613. (997) Term of oflSce — vacancy — oath of trustees. Trustees
elected shall take office immediately after qualifying, and shall hold office
for the term of three years except as elsewhere expressly provided herein,
and until their successors are elected or appointed and qualified.
347
75-1614 ELECTION LAWS
The clerk of the district shall, at the time of issuing certificate of elec-
tion 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 superin-
tendent of schools within fifteen days of the receipt of the certificate of
election and blank oath of office from the clerk. Any trustee failing to
qualify as herein provided shall forfeit all rights to his office, and the
county superintendent of schools shall appoint to fill the vacancy caused
thereby.
History: Ap. p. Sec. 1782, Pol. C. 1895; L. 1913; amd. Sec. 11, Ch. 196, L. 1919;
amd. Sec. 13, p. 143, L. 1897; Sees. 862 and re-en. Sec. 997, B. C. M. 1921.
1019, Eev. C. 1907; amd. Sec. 502, Ch. 76,
75-1614. (998) Vacancy in school board. A vacancy in the office shall
be filled by appointment by the county superintendent of schools; except
that in districts of the first and second class, such appointment shall be
made by a majority of the remaining members of said board, if those
remaining constitute a majority of the total number of the board. The
trustee 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, failure to elect at the proper time, removal
from the district, or other cause, the fact of such vacancy shall be im-
mediately certified by the clerk of the school district, to the county super-
intendent, or to the remaining members of the board in districts of first
or second class, and the county superintendent, or the remaining members
of the board in districts of first or second class, shall immediately appoint
in writing, some competent person, who shall qualify and serve until the
next annual school election. The county superintendent or the board 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.
History: Ap. p. Sec. 1782, Pol. C. 1895; Ch. 76, L. 1913; amd. Sec. 11, Ch. 196, L.
amd. Sec. 13, p. 143, L. 1897; Sees. 862 1919; re-en. Sec. 998, R. C. M. 1921; amd.
and 1019, Rev. C. 1907; amd. Sec. 502, Sec. 1, Ch. 275, L, 1967.
75-1615. (999) Trustees — how removed. Any school trustee may be
removed from office by a court of competent jurisdiction by law for removal
of elective civil officers; provided, however, that upon charges being pre-
ferred and good cause shown, the board of county commissioners may
suspend a trustee until such time as such charges can be heard in the
court having jurisdiction thereof.
History: En. Sec. 1982, Pol. C. 1895; 502, Oh. 76, L. 1913; re-en. Sec. 999, R. C.
re-en. Sec. 1021, Rev. C. 1907; re-en. Sec. M. 1921.
75-1616. (1000) Vacajicy 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
348
SCHOOLS 75-1620
board of school trustees shall immediately notify the county superintendent
of such appointment.
History: En. Sec. 1981, PoL 0. 1896; 502, Oh. 76, L. 1913; re-en. Sec. 1000,
re-en. Sec. 1020, Rev. C, 1907; re-en. Sec. R. C. M. 1921.
75-1617. (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 re^larly 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 remain-
ing trustee or trustees whose terms expire shall hold over for one or two
years as may be necessary to prevent the terms of a majority of the board
of trustees expiring in any one year; provided, that it shall be determined
by lot what trustee shall hold over, and for what term.
History: En. Sec. 502, Ch. 76, L. 1913;
re-en. Sec. 1001, R. C. M. 1921.
75-1618. (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 district next pre-
ceding the election, and who is a registered voter, may vote thereat.
History: En. Sec. 1777, Pol. 0. 1895; amd. Sec. 1, Ch. 83, L. 1939; amd. Sec. 1,
amd. Sec. 8, p. 138, L. 1897; re-en. Sec. Cli. 65, L. 1941; amd. Sec. 1, Ch. 143, L.
857, Rev. C. 1907; amd. Sec. 502, Ch. 76, 1965.
L. 1913; re-en. Sec. 1002, R. 0. M. 1921;
75-1619. (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 affirmation in sub-
stance 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
his 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.
History: Ap. p. Sec. 1779, Pol. C. 1895; L. 1913; re-en. Sec. 1003, R. C. M. 1921;
amd. Sec. 10, p. 141, L. 1897; re-en. Sec. amd. Sec. 2, Ch. 83, L. 1939; amd. Sec. 2,
859, Rev. C. 1907; amd. Sec. 502, Ch. 76, Ch. 65, L. 1941.
75-1620. (1004) Expenses of election. All the expenses necessarily
incurred in the matter of holding any and all elections for school trustees,
extra levies, bonds, school sites, disposal of property, or any other election
provided by law in any school district, high school building district, or
county high school, shall be paid out of the general school funds of the
district, or in the case of a high school building district, out of the high
school general funds; or in the case of county high schools, out of the
county high school general fund. In its discretion, the board of trustees
349
75-1631 ELECTION LAWS
may pay judges of any such election at a rate not to exceed one dollar
($1) per hour of service in connection with any such election.
History: Ap. p. Sec. 14, p. 145, L. 1897; 502, Ch. 76, L. 1913; re-en. Sec. 1004, R. C.
re-en. Sec. 866, Rev. C. 1907; amd. Sec. M. 1921; amd. Sec. 1, Ch. 104, L. 1963.
75-1631. (1014) Call of special election. The board of trustees shall
have power to call a special election for the purpose of bonding the district
for the erection and furnishing buildings and purchase of school sites, and
for 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.
History: En. Sec. 507, Ch. 76, L. 1913;
re-en. Sec. 1014, R. 0. M. 1921.
75-1632. (1015) Duties of trustees. Every school board unless other-
wise specially provided by law shall have power and it shall be its dutv :
1 to 7. ♦ • •
8. To purchase, acquire, sell and dispose of plots or parcels of land to
be used as sites for sehoolhouses, school dormitories and other school build-
ings, and for other purposes in connection with the schools in the district ;
to build, purchase or otherwise acquire sehoolhouses, 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
sehoolhouses 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 purchasing one (1 )
ur more options for a school site.
9 to 24.
* « *
History: Enacted as Sec. 508, Ch. 76, Ch. 61, L. 1917; re-en. Sec. 1015, R. C. M.
L. 1913; Subds. 1-10 were amended by Sec. 1921; amd. Sec. 1, Ch. 122, L. 1923; amd.
1, Ch. 61, L. 1917; Subd. 11 amd. by Sec. Sec. 1, Ch. 122, L. 1931; amd. Sec. 1, Ch.
1, Ch. 61, L. 1917, and Sec. 13, Ch. 196, 165, L. 1937; amd. Sec. 1, Ch. 103, L.
L. 1919; Subds. 12-13-14 re-en. Sec. 1, Ch. 1943; amd. Sec. 3, Ch. 207, L. 1951; amd.
61, It. 1917; Snbd. 15 was amd. by Sec. 1, Sec. 1, Ch. 233, L. 1953; amd. Sec. 1, Ch.
Ch. 61, L. 1917, and by Sec. 2, Ch. 81, L. 228, L. 1955; amd. Sec. 1, Ch. 168, L. 1959;
1917; Subds. 16-17-18 re-en. Sec. 1, Ch. 61, amd. Sec. 1, Ch. 105, L. 1961; amd. Sec.
L. 1917; Subds. 19-20-21-22 re-en. Sec. 1, 1, Ch. 76, L. 1963; amd. Sec. 1, Ch. 175,
L. 1963.
CHAPTER 17
BUDGET SYSTEM
Section 75-1723. Fixing tax levy.
75-1723. (1019.19) Fixing tax levy. The county superintendent of
schools, as clerk of the school budget board, shall, when the board of
350
SCHOOLS 75-1723
county commissioners meet on the second Monday in Aunrust for the purpose
of fixing tax levies, lay before such board the elementary school budgets
for all school districts in the county, as finally adopted and approved by
the school budget board.
It shall further be the duty of the county commissioners of each county
in the state to fix and levy a tax for each school district in the county
within the limitations prescribed by this act in such number of mills as
will produce the amount shown by the final budget to be raised by tax
levy which may also include a reserve fund, not to exceed thirty-five
per cent (35%) of the amount appropriated in the final and approved
budget for the then current school year, for the purpose of maintaining
the elementary and high school of the district from July 1 to November
30 of the next succeeding year; provided that such school district tax
plus federal reimbursements in lieu of taxes shall not, unless approved
by a vote of the taxpaying electors, exceed the maximum budgets set
forth in section 75-1713.1, R.C.M. 1947.
To finance the approved nonoperating budget of any school district
in which no elementary school will be operated, the county commissioners
shall fix and levy a tax for such school district in such number of mills
as will produce the amount shown by the approved budget to be raised
by tax levy, after deducting from the total amount to be financed the
following :
(1) any net nonoperating fund cash balance; provided, that whenever
a nonoperating district did not have a nonoperating fund the preceding
year, the net cash balances in all of the regular funds of the district shall
be combined to form a single balance which shall be called the nonoper-
ating fund cash balance ; provided, further, that any district which op-
erated at least one (1) school in the year immediately preceding the
budget year may retain separately any cash balance previously designated
as its general fund cash reserve, if in the judgment of the trustees of such
district the retention of such general fund cash reserve is essential to the
operation of a school anticipated for the year following the budget year,
and any such retained cash reserve shall not be deducted from the total
amount required for the nonoperating budget;
(2) the amount of any transportation reimbursement anticipated from
the county;
(3) the amount of any transportation reimbursement anticipated from
the state public school equalization fund ; and
(4) any miscellaneous revenues available to the district. The remainder
of the nonoperating budget amount, after deduction of the above revenues,
shall be financed by a tax levied on the taxable valuation of the property
of the school district.
History: En. Sec. 19, CIl 146, L. 1931; L. 1953; amd. Sec. 1, Ch. 247, L. 1961;
amd. Sec. 10, Ch. 199, L. 1949; amd. Sec. amd. Sec. 2, Ch. 182, L. 1963; amd. Sec.
2, Ch. 208, L. 1961; amd. Sec. 1, Ch. 247, 2, Ch. 267, L. 1963.
351
75-1802 ELECTION LAWS
CHAPTER 18
SCHOOL DISTEICTS
Section 75-1802. Claasifications of districts — number of trustees.
75-1813. Consolidated districts — procedure in event of consolidation — annexa-
tion— bonded debts.
75-1813.1. Consolidated districts in two or more counties.
75-1818. Dissolution of joint school districts.
75-1802. (1021) Classifications of districts — number of trustees. All
districts having a population of eight thousand (8000) or more shall be
districts of the first class. All districts having a population of one thou-
sand (1000) or more, and less than eight thousand (8000) shall be districts
of the second class, and all districts having a population of less than one
thousand (1000) shall be districts of the third class. In districts of the
first class the number of trustees shall be seven (7) ; in districts of the
second class the number of trustees shall be five (5), and in districts of
the third class the number of trustees shall be three (3).
Whenever the population of any school district shall increase beyond
or decrease below the number required as specified above for a certain
class of school district, the county superintendent of schools shall declare
such school district to be changed to the proper class. The county super-
intendent may compute the population by multiplying by three the num-
ber of school census children in the district. No school district shall be
changed in classification more than once in any five (5) year period. The
county superintendent of schools shall take the necessary steps to provide
that at the next school election to elect the proper number of school
trustees as designated above and to fill all vacancies due to any change
of classification. Provided however that the provisions of this act shall
not affect the terms of trustees heretofore elected.
History: En. Sec. 401, Cli. 76, L. 1913;
re-en. Sec. 1021, R. C. M. 1921; amd. Sec.
1, Ch. 85, L. 1943; amd. S«c. 1, Ch. 203,
L. 1963.
75-1813. (1034) Consolidated districts — procedure in event of con-
solidation— annexation — bonded debts. Any two or more school districts
lying in one county may be consolidated, either by the formation of a
district by consolidation, 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 dis-
tricts, 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 cause notice of
election to be given by the clerk in each district seeking election on such
proposed consolidation of districts. Such notice is to be posted in three (3)
public places in each such district and published in a newspaper published
in the county and having general circulation in the school districts, giving
352
SCHOOLS 75-1813
the time and place or places specified in each notice to vote on the question
of consolidation.
Consolidation of any two (2) or more school districts lying in one county
may also be effected by the people of the districts concerned whenever a
petition shall be directed to and received by the county superintendent
of schools, and shall in each such district seeking consolidation be signed
by not fewer than twenty per cent (20%) of the qualified electors in such
district. The county superintendent shall within not less than twenty (20),
nor more than thirty (30) days, cause notice to be given as provided in the
next preceding paragraph.
The votes at such election shall be by ballot, which shall read "For
consolidation" or "Against consolidation." At such election those qualified
electors whose names appear upon the last preceding completed assess-
ment roll shall be furnished ballots printed upon white paper and all
other qualified electors shall be furnished ballots printed upon paper
distinctly yellow in color. Separate ballot boxes shall be used for the receipt
of voted ballots so that the white ballots will be segregated from the
yellow ballots. The judge or judges at such election shall, within ten (10)
days thereafter, certify the result of the vote to the county superintendent
of the county in which the district lies.
If both the majority of the total votes cast in each district holding
such election be for consolidation, and the majority of the votes cast by
those qualified electors whose names appear upon the last preceding
completed assessment roll in each district holding such election be for
consolidation, provided that at least a percentage of such electors in each
district, equal to the percentage required in section 75-3914, R.C.M. 1947,
for approval of a bond issue, have voted, it carries, and the superintendent,
within ten (10) days thereafter, shall make a proper order to give effect to
such vote, and shall thereafter transmit a copy thereof to the county clerk
and recorder and to the clerk of each district affected. If the order be for
the formation of a new district, it shall specify the number of such district,
and the county superintendent shall appoint trustees and designate the
terms of office to be served by each until subsequent school elections shall
determine their successors.
At the regular election succeeding there shall be elected by the reg-
ularly qualified electors the number of trustees required to replace those
whose terms are expiring. The election of trustees and terms shall be the
same as for other districts under the general school laws.
When, in the interest of reducing cost of operation or improving the
school service for pupils, a board of trustees of a third class district seek-
ing to annex its territory to a third class district or districts maintaining
a high school, a second class district or districts, or a first class district or
districts or any combination thereof; a board of trustees of a third class
district maintaining a high school seeking to annex its territory to a
second class district or districts or a first class district or districts or any
combination thereof; or the board of trustees of a second class district
seeking to annex its territory to a first class district or districts, shall by
majority vote of its members or at the request of twenty per cent (20%)
353
75-1813 ELECTION LAWS
of the qualified electors of the districts indicated by a petition, ask the
county superintendent of schools to annex the territory and property of
such district to any district or districts as herein provided. As the board
resolution or petition requests, the county superintendent shall, upon an
approving vote of the trustees of the district or districts with which the
annexation is sought, authorize an election in the petitioning district on
such annexation within not less than twenty (20) nor more than thirty (30)
days. Notice of such election shall be given in the same manner and the
same general plan for balloting sliall be utilized on the question of district
annexation by the electors of the petitioning district that is authorized
herein for district consolidation.
The ballot shall in this case be "For annexation" and "Against annexa-
tion." Should the action of the boards of trustees approving the plan of an-
nexation be approved by majority vote of electors of the district or districts
seeking election on the issue and by majority vote of the electors of the
district or districts seeking election on the issue whose names appear upon
the last completed assessment roll, provided that at least a percentage of
such electors in each district, equal to the percentage required in section
75-3914, R. C. M. 1947, for approval of a bond issue, have voted, then
the consolidation sought shall be effected by order of the county super-
intendent of schools within ten (10) days after such election. In the
event of a disapproving vote by majority of votes cast by all the electors or
by the electors whose names appear on the last preceding completed as-
sessment roll or if the percentage of the electors whose names appear upon
the last preceding completed assessment roll and who vote in either of such
voting districts is less than the percentage required in section 75-3914 for
approval of a bond issue, the proposed annexation shall fail.
In case of annexation of any district to any existing district or districts,
as herein provided, the proper officers of the annexed districts, within
ten (10) days, from the receipt of a copy of the annexation order, shall
turn over to the proper officers of the district or districts to which it is
annexed, all records, funds, and effects of such annexed district. When a
district is proportionately annexed, as provided herein, section 75-1808,
Revised Codes of Montana, 1947, controls. In case of the formation of a
district by consolidation the proper officers of the discontinued district
or districts in like manner, within ten (10) days after the organization
of the district by consolidation, shall turn over the records, funds, and
effects of such old district to the proper officers of the district created by
consolidation.
In case of creation of a district by annexation, the title to school-
houses and sites of the petitioning district shall vest in the receiving
district or districts in which the schoolhouses and sites are located. The
officers of the receiving district or districts shall continue to hold office
until the end of the terms for which they were duly elected and their
successors shall be regularly elected as provided by law.
School districts created by consolidation or annexation shall be gov-
erned by the general school laws of the state.
354
SCHOOLS 75-1813.1
Bonded indebtedness of any district resulting from merger by con-
solidation or annexation shall become the indebtedness and obligation of
the consolidated district and be paid by levies imposed upon property
therein, provided that when a third class district is proportionately annexed
to any number of first or second class districts, as herein provided, the
bonded indebtedness, if any, of such third class district shall become the
bonded indebtedness of such first or second class districts in the same
proportions as the taxable valuation of each annexed portion bears to the
total taxable valuation of such third class district.
History: En. Sec. 407, Ch. 76, L. 1913; 1951; amd. Sec. 1, Ch. 23, L. 1953; amd.
re-en. Sec. 1034, R. C. M. 1921; amd. Sec. Sec. 1, Ch. 205, L. 1965; amd. Sec. 2, CIl
1, Ch. 201, L. 1943; amd. Sec. 1, Ch. 32, L. 271, L. 1967. Cal. Pol. C. Sec. 1577.
75-1813.1. Consolidated districts in two or more counties. (1) Any
two or more school districts that are adjacent and contiguous lying in
two (2) or more counties 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 dis-
tricts, 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 super-
intendents of each county affected having jurisdiction of such districts,
within not less than twenty (20) nor more than thirty (30) days, shall
cause a ten (10) days' posted notice to be given by the clerk in each
district seeking election on such proposed consolidation of districts. Such
notice is to be posted in three (3) public places in each such district and
in one (1) or more newspapers of the district or county, if there be such,
giving the time and place or places specified in each notice to vote on the
question of consolidation.
Consolidation of any two (2) or more school districts that are adjacent
and contiguous lying in two (2) or more counties may also be effected
by the people of the districts concerned whenever a petition shall be di-
rected to and received by the county superintendents of schools of each
county affected, and shall in each such district seeking consolidation be
signed by no fewer than twenty per cent (20%) of the qualified electors in
such district. The county superintendents shall within not less than twenty
(20) nor more than thirty (30) days, cause a ten (10) days' posted notice
to be given by the clerk in each district seeking election on such proposed
consolidation of districts. Such notice is to be posted in three (3) public
places in each such district, and in one (1) or more newspapers of the
district or county, if there be such, giving the time and place or places
specified in each notice to vote on the question of consolidation.
(2) 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 result of
the vote to the county superintendents of the counties affected in which
the district lies.
355
75-1818 ELECTION LAWS
(3) If the majority of the votes east in each district holding such
election be for consolidation, it carries, and the superintendents of each
county affected, within ten (10) days thereafter, shall in concurrent action
make proper orders to give effect to such vote, and shall thereafter transmit
a copy thereof to the county clerk and recorder of each county affected
and to the clerk of each district affected. If the order be for the formation
of a new district, it shall specify the name and number of such district,
and county superintendents of the counties affected in concurrent action
shall appoint three (3) trustees to serve until the first Saturday in April
succeeding.
(4) At the regular election succeeding there shall be elected by the
regularly qualified electors three (3) trustees, one (1) of whom shall serve
for one (1) year, one (1) for two (2) years, and one (1) for three (3)
years. The election of trustees and terms shall be the same as for other
districts under the general school laws.
(5) Consolidated school districts shall be governed by the general
school laws of the state.
(6) Bonded indebtedness of any district merged by consolidation shall
remain the indebtedness and obligation of the district which originally
incurred such bonded indebtedness and be paid by levies imposed upon
property therein.
History: En. Sec. 1, Oh. 141, L. 1965.
75-1818. (1037.1) Dissolution of joint school districts. 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. Separate elections must be held in each portion
of the district lying in different counties on the same date and hour and
be conducted in the same manner as general school elections. Each county
superintendent of schools must appoint three judges of election for the
territory in his or her county and the result of the election must be certified
by the judges to their respective county superintendents. The county super-
intendents 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 (2/3) of the votes cast in the territory of any county
356
SCHOOLS 75-3111
favor dissolution the district may be dissolved as to such territory ; pro-
vided both superintendents of the counties affected are agreed that such
dissolution will not entail an undue hardship to either part of such joint
district, and that there is no good and sufficient reason why such dissolu-
tion should not be made. In case of the failure of a two-thirds (2/3) major-
ity in any portion of the district, as herein provided, or a failure of the
majority of the entire district to vote for dissolution, the district shall not
be dissolved and no election thereon can be held within three (3) years
thereafter. If dissolution carries it shall take effect at the end of the
current school year.
History: En. Sec. 1, Ch. 115, L. 1927.
CHAPTER 31
SCHOOLHOUSE SITES AND CONSTRUCTION
Section 75-3109. Agreements authorized for joint interstate school facilities.
75-3110. Form of agreement — approval by superintendent of public instruc-
tion required.
75-3111. Election on interstate agreement — form of ballot.
75-3109. Agreement authorized for joint interstate school facilities.
The board of trustees of any school district with boundaries adjoining
another state may enter into an agreement and contract with a school
district in such adjoining state to provide for the joint erection, operation
and maintenance of school facilities for both districts upon such terms and
conditions as may be mutually agreed upon between such districts in ac-
cordance with the provisions of this act.
History: En. Sec. 1, Ch. 240, L. 1965.
75-3110. Form of agreement — approval by superintendent of public
instruction required. An agreement proposed for adoption by a school board
under this act shall be in the form and contain such terms as may be
prescribed by the superintendent of public instruction and no agreement
shall be submitted to a vote of the people under this act unless it has first
been approved in writing by the superintendent of public instruction.
History: En. Sec. 2, Oh. 240, L. 1965.
75-3111. Election on interstate agreement — form of ballot. An ap-
proved agreement shall be submitted to the electorate of the school district
at a special election called for that purpose or at a regular election for
school trustees. The question on the ballot at said election shall be in sub-
stantially the following form.
"Shall the proposed agreement between this school district and school
district number of county, state of ,
be executed?"
No agreement made pursuant to this act shall be valid until it has been
approved by the electors of the district in the manner herein provided.
History: En. Sec. 3, Ch. 240, L. 1966.
357
75-3403 ELECTION LAWS
CHAPTER 34
TRANSPORTATION OF PUPILS
Section 75-3403. School board may operate buses or contract for transportation of
pupils — school board may set up depreciation reserve for purchase
of replacement buses and two-way radios for school bus or buses.
75-3403. School board may operate buses or contract for transporta-
tion of pupils — school board may set up depreciation reserve for purchase
of replacement buses and two-way radios for school bus or buses. The
board of trustees shall have the power to purchase, or rent and provide for
the upkeep, care, operation, maintenance, insurance, for two-way radios
and for school buses; or to contract and pay for the transportation of
eligible pupils, such contracts to run for terms not to exceed five (5)
years; and provided further, that each district owning a school bus or
buses may levy a sufificient number of mills to create a reserve of not to
exceed twenty per cent (20%) per year of the original cost of the bus
or buses for which the reserve is created; said fund to be kept separate
and apart from all other funds, and to be used only for the purchase of
the bus or buses needed to replace the bus or buses and two-way radios
for which said reserve was created, unless authorized by a majority of the
votes cast by the qualified electors of the district at an election called for
that purpose. Provided, however, that school district trustees may authorize
as standard equipment, the installation of two-way radios in a school bus
or buses operating in .school districts where weather and road conditions
may constitute a hazard to the safety of the school pupil passengers. The
two-way radios may be operated on the same frequency as that used by
the Montana highway patrol and the sheriff of the county, with their
permission and the permission of the federal communications commission
wherein said school bus or buses operate, or any frequency assigned for such
operation by the commission.
History: En. Sec. 3, Ch. 162, L. 1941; Ch. 52, L. 1955; amd. Sec. 1, Ch. 202, L.
amd. Sec. 1, Ch. 163, L. 1951; amd. Sec. 1, 1957; amd. Sec. 1, Ch. 74, L. 1965.
CHAPTER 37
FINANCE
Section 75-3717. Building and furnishing fund.
753719. Transfer of funds — election.
75-3717. (1208) Building- and furnishing fund. The county treasurers
of tlie several counties of this state shall transfer all moneys so paid into
said treasury as provided for in the preceding section or that may now
be in such treasury, derived from said source, to the school fund of the
school district in which said town is situated, which shall be paid out on the
order of the school trustees of such district as provided for in section
75-3718 ; and which said moneys shall be by said treasurer set apart as
a special fund for the purpose of building and furnishing schoolhouses, and
358
SCHOOLS 75-3801
shall be used for such purpose alone, unless otherwise ordered, as provided
for in this chapter.
History: En. Sec. 1945, 5th Div. Comp. 2007, C5h. 76, L. 1913; re-«n. Sec. 1208,
Stat. 1887; re-en. Sec. 1946, Pol. C. 1895; R. C. M. 1921,
re-en. Sec. 1000, Rev. C. 1907; amd. Sec.
75-3719. (1210) Transfer of funds — election. Said fund may be used
for general school purposes, if a majority of the qualified electors of such
district shall so elect, upon such question being duly submitted to them
at any regular or special election therefor.
History: Ap. p. Sec. 1947, 5th Div. Sec. 2009, Ch. 76, L. 1913; re-«n. Sec. 1210,
Comp. Stat. 1887; re-en. Sec. 1948, Pol. C. R. C. M. 1921.
1895; re-en. Sec. 1002, Rev. C. 1907; amd.
CHAPTER 38
EXTEA TAXATION FOR SCHOOL PURPOSES
Section 75-3801. District school taxes — election.
75-3802. Notice of election.
75-3803. Purposes of levy to be submitted — use of funds.
75-3804. Form and marking of ballot — conduct of election.
75-3805. Challenging voters — oath of elector — false swearing.
75-3806. Building reserve fund — election.
75-3801. (1219) District school taxes — election. (1) Whenever the board
of trustees of any school district shall deem it necessary to raise money
by taxation in excess of the levy required to meet its maximum budgets as
specified in section 75-1713.1, 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 facilities
for said district, or for any other purpose necessary for the proper operation
and maintenance of the schools of said district, said board of trustees shall
determine and fix the amount necessary and required for such purpose or
purposes in addition to the maximum budgets, hereinbefore provided for,
and it shall submit the question of an additional levy to raise said excess
amount to the qualified registered electors residing within the district who
are taxpayers and whose names appear upon the last completed assessment
roll of the county for state, county and school taxes, either at the regular
annual election held in said district, or at a special election called for that
purpose by the board of trustees of said district. Such election shall be
called by resolution in the same manner as provided for other school elec-
tions, and shall be held prior to August first.
(2) Whenever the board of trustees of any district or county high
school shall deem it necessary to raise money by taxation in excess of the
levy required to meet its maximum budgets as specified in section 75-4518.1
for the purpose of maintaining the high schools of said district or the
county high school, or building, altering, repairing or enlarging any school-
house or houses of such district or county high school, for furnishing addi-
tional school facilities for said district, or county high school, or for any
other purpose necessary for the proper operation and maintenance of the
359
75-3802 ELECTION LAWS
schools of said district, or county high school, said board of trustees shall
determine and fix the amount necessary and required for such purpose or
purposes in addition to any other legal levies on the district, including the
approved addition to its foundation program hereinbefore provided for,
and in the case of the district high school it shall submit the question of
an additional levy to raise said amount to the qualified registered electors
residing within the district who are taxpayers and whose names appear
upon the last completed assessment roll of the county for state, county and
school taxes, either at the regular annual election held in said district or at
a special election called for that purpose by the board of trustees of said
district. In the ease of the county high school the board shall submit the
question of an additional levy to raise said amount to the qualified registered
electors residing within the county, exclusive of those residing within any
district maintaining a district high school in the county, who are taxpayers
and whose names appear upon the last completed assessment roll in the
county for state, county and school taxes, either at the regular annual
elections held in said districts, or special elections called for that purpose
by the board of trustees of said county high school. Such election shall be
called by resolution in the same manner as provided for other school
elections, and shall be held prior to August first; and provided, further,
that the provisions of this act shall not prevent the voting of a special
levy on a high school district as provided for in chapter 130, Laws of
1949 (75-4609).
History: En. Sec. 1, Ch. 93, L. 1917; amd. Sec. 1, Ch. 210, L. 1951; amd. Sec.
re-en. Sec. 1219, R. C. M. 1921; amd. Sec. 2, Ch. 247, L. 1953; amd. Sec. 12, Ch. 267,
1, Ch. 120, L. 1925; amd. Sec. 1, Ch. 144, L. 1963; amd. Sec. 1, Ch. 140, L. 1967.
L. 1935; amd. Sec. 12, Ch. 199, L. 1949;
75-3802. (1220) Notice of election. Where the question of making
such additional levy is so submitted, notice thereof shall be given by posting
the same at each schoolhouse 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.
History: En. Sec. 2, Oh. 93, L. 1917;
re-en. Sec. 1220, R. C. M. 1921.
75-3803. (1221) Purposes of levy to be submitted — use of funds. In
submitting such question there shall be specified the amount to be raised by
such additional tax levy and the approximate number of mills required to
raise such amount and the purpose for which the same is to be expended
and if authorized the money raised by such additional tax levy shall be used
for that specified purpose only; provided, that if any balance remains on
hand after the purpose for which said levy was made has been accom-
plished, said balance may, by the vote of the trustees of said district, be
transferred to any other fund of such district.
History: En. Sec. 3, Oh. 93, L. 1917;
re-en. Sec. 1221, R. C. M. 1921; amd. Sec.
2, Ch. 144, L. 1936.
360
SCHOOLS 75-3806
75-3804. (1222) Fonn 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 levies authorized
by law in such number of mills as may be necessary to raise the sum
of (state the amount to be raised by additional tax levy) for the purpose
of (insert the purpose for which the additional tax levy is made)?"
□ For an additional levy to raise the sum of (state the amount to be
raised by additional tax levy), and being approximately (give num-
ber) mills.
□ Against an additional tax levy to raise the sum of (state amount to be
raised by additional tax levy), and being approximately (give num-
ber) 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 situ-
ated the amount authorized by such election to be raised by such addi-
tional levy and such board of county commissioners shall make such
additional levy in such number of mills as will raise such amount in the
same manner that the levy for special taxes in said district is made.
History: En. Sec. 4, Cli. 93. L. 1917; 3, Oh. 144, L. 1935; amd. Sec. 1, Ch. 281,
re-en. Sec. 1222, B. O. M. 1921; amcL Sec L. 1959.
75-3805. (1223) Challenging voters — oath of elector— false swearing.
Any person offering to vote may be challenged by any elector of the district,
and the judges must thereupon administer to the person challenged an oath
or affirmation, in substance as follows:
"You do solemnly swear (or affirm) that you are a citizen of the United
States ; that you are twenty-one years of age ; that you have 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 assessment roll from this
school district; and that you have not voted this day. So help you God."
Said oath shall be reduced to writing and signed by the person challenged
and sworn to before one of the judges of election. Said oath or affirmation
shall be returned with the ballots cast at such election. If the voter takes
oath or affirmation, his vote must be received; otherwise, it will be rejected.
Any person who shall swear falsely before any such judge of election shall
be guilty of perjury, and shall be punished accordingly.
History: En, Sec. 5, Ch. 93, L. 1917; 2, Ch. 120, L. 1925; amd. Sec. 1, Oh. 31,
re-en. Sec. 1223, B. C. M. 1921; amd. Sec. L. 1941.
75-3806. Building reserve fund — election. (1) The board of trustees
of any school district may, whenever a majority thereof so decide, submit
to the electors of the district the question whether the board shall be au-
thorized to create a building reserve fund of a certain amount, to be raised
within a specified number of years, for the purpose of the erection, equip-
ping or enlargement of school buildings, teacherages, garages, or other
buildings needed for school purposes. The reserve fund shall not exceed
361
75-3806 ELECTION LAWS
five (5) per cent of the value of the taxable property in the district. If
created, the fund shall be held by the county treasurer and by him credited
to the school district creating: same, to be used for the purposes specified
in this section and not for any other purpose. Whenever the county has
under its control any moneys credited to the fund from taxation or from
the sale of bonds by a school district for a building reserve fund for which
there is no immediate demand, which in the judgment of the governing
body of the school district it would be advantageous to invest in any interest-
bearing deposits in a state or national bank insured by the F.D.I. C, or
obligations of the United States of America, either short-term or long-term,
such governing body may in its discretion direct the county treasurer to
make such investments. Interest earned from such investments shall be
credited to the sinking fund of the school district notwithstanding the pro-
visions of subsection (6) of section 16-2618.
(2) The election shall be held in the manner prescribed for election
on the issuance of school bonds, except that the ballots must contain the
words "building reserve fund, yes" and "building reserve fund, no." If the
majority of the votes at the election are "building reserve fund, yes," the
clerk of the district shall immediately notify the board of county com-
missioners and the county treasurer, and the board of county commissioners
shall thereafter levy annually the tax necessary to raise the funds for the
number of years specified. The funds shall be kept in the custody of the
county treasurer until sufficient funds have been raised to commence the
building contemplated by the school district.
(3) At any time after the raising of a building reserve fund has been
commenced by any school district, the board of school trustees may submit
to the electors of the district, as provided by law, the question whether
the board shall be authorized to issue bonds of the district for the balance
of the building reserve fund. If both reserve funds and bond funds are
needed for the purposes authorized herein, the reserve funds must be used
prior to using funds for the issuance and sale of bonds. If the bonds are
authorized, the annual building reserve fund levy shall be discontinued by
the board of county commissioners when the levy is commenced for payment
of the bonds.
History: En. Sec. 1, CIl 85, L. 1967.
CHAPTER 39
BONDS
Section 75-3908. Petition and election required for bond issues for other purposes.
75-3909. Form, contents and proof of petition.
75-3910. Meeting of board of trustees to consider petition and calling of
election — notice of election — form.
75-3911. Preparation of ballots — form.
75-3912. Who entitled to vote — list of electors and precinct repsters.
75-3913. Conduct of election — voting by absent electors.
75-3914. Percentage of electors required to authorize bond issue.
75-3915. Meeting of board of trustees to canvass election returns — resolution
for bond issue.
75-3916. Form of notice of sale of bonds.
75-3937. Signers required on petition for bond elections in school districts,
cities and towns and counties.
75-3938. Qualification of voters.
362
SCHOOLS 75-3909
75-3908. (1224.8) Petition and election required for bond issues for
other purpo3es. School district bonds for any other purpose than those
stated in sections 75-3906 and 75-3907, shall not be issued unless author-
ized at a duly called election at which the question of issuing such bonds
was submitted to the electors of the school district; and no such election
shall be called unless proceedings have been commenced by resolution upon
the part of the board of trustees of the school district of its own motion and
without any petition being filed therefor or unless there has been presented
to the board of trustees a petition asking that such election be held and
such question be submitted, signed by not less than twenty per centum
(20%) of the qualified registered electors residing within the school district,
who are taxpayers upon property therein and wliose names appear on
the last completed assessment roll for state, county and school district taxes.
History: En. Sec. 8, Ch. U7, L. 1927;
amd. Sec. 1, Ch. 54, L. 1967.
75-3909. (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 pur-
poses, 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 cir-
culating such petition shall subscribe or attach to each of the petitions,
circulated by him, an affidavit to the effect that the signatures are genuine
and that the signers knew the contents thereof at the time of signing the
same. The completed petition, before being presented to the board of school
trustees, shall be delivered to the county clerk and recorder of the county
in which the school district is situated, who shall examine the same and
shall endorse thereon or attach thereto his certificate, which certificate
shall set forth:
(a) The total number of persons who are registered electors and tax-
payers upon property within the school district whose names appear on the
last completed assessment roll for state, county and school district taxes.
(b) Which and how many of the persons whose names are subscribed
to the petition are possessed of all of these qualifications.
(c) Whether such qualified signers constitute more or less than twenty
per centum (20%) of such registered electors and taxpayers within the
district.
The county clerk and recorder shall promptly deliver or transmit such
petition, with his certificate endorsed thereon or attached thereto, to the
clerk of the board of school trustees of such district.
History: En. Sec. 9, Ch. 147, L. 1927.
363
75-3910 ELECTION LAWS
75-3910. (1224.10) Meeting of board of trustees to consider petition
and calling of election — ^notice of election — form. Upon such petition being
received by the clerk of the school district, a meeting of the board of trus-
tees 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 district in favor of the innocent holder
of bonds issued pursuant to the election called and held by reason of the
presentation of such petition. If it is found that the petition is in proper
form and bears the requisite number of signatures, the board shall pass and
adopt a resolution which shall recite the essential facts in regard to the
petition and its presentation, fix the exact amount of bonds proposed to b*»
issued, which may be more or less than the amount estimated in the petition,
determine 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 following form :
NOTICE OP SCHOOL DISTRICT BOND ELECTION.
"Notice is hereby given by the undersigned clerk of School District No.
of Coiinty, 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 qualified electors of School District
No of County, State of Montana, who are tax-
payers 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 trusteeiS shall be authorized to issue and sell
bonds of said school district in the amount of dollars,
($ ), bearing interest at a rate not exceeding six per centum (6%)
per annum, payable semi-annually, for the purpose of (here
state purpose) The bonds to be issued will be either
amortization or serial bonds, and amortization bonds will be the first
choice of the board of trustees. The 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."
364
SCHOOLS 75-3912
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 pro-
posed amount of bonds therefor.
The school district clerk shall, not less than fifteen (15) days before the
day specified for such election, post notice of such election in not less than
three (3) public places within the district, and in incorporated cities and
towns at least one (1) notice must be posted at each voting place desig-
nated for such election.
In school districts of the first class the board of trustees must also cause
the notice to be published once a week for two (2) successive weeks in some
newspaper of general circulation in the district, if one be published therein,
in addition to such posting.
History: En. Sec. 10, Oil. 147, K 1927;
amd. Sec. 4, Oh. 178. L. 1939.
75-3911. (1224.11) Preparation of ballots — form. The school district
clerk shall cause ballots to be prepared for all such bond elections, and
whenever bonds for more than one purpose are to be voted upon at the same
election, separate ballots shall be prepared for each purpose. 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 va-
cant 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 ($ ) bear-
ing interest at a rate not exceeding six per centum (6%) per annum, pay-
able, semi-annually, during a period not exceeding years, for the
purpose of (here state the purpose the same way as in
the notice of election).
D BONDS— YES.
D BONDS— NO.
History: En. Sec. 11, Oh. 147, L. 1927;
amd. Sec. 5, Oh. 178, L. 1939.
75-3912. (1224.12) Who entitled to vote — list of electors and precinct
registers. In all school district bond elections hereafter held only quali-
fied registered electors residing within the district who are taxpayers
upon property therein and whose names appear upon the last completed
assessment roll for state, county and school district taxes, shall have the
right to vote, provided however, that no such elector, otherwise qualified
hereunder, shall be denied the right to vote by reason of the fact that the
polling place for a general election for the precinct wherein he resides
and is entitled to vote, lies within another School district. Upon the adop-
tion of the resolution calling for the election, the clerk of the school dis-
365
75-3913 ELECTION LAWS
trict 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 elec-
tion up till noon of the fifteenth (15) day prior to the date thereof. At
that time the registration books shall be closed for such election, but it
shall not be necessary to give any notice of such closing of the registration
books.
After the closing of the registration books for such election the
county clerk shall promptly prepare lists of the registered electors of
such district who are taxpayers upon property therein and whose names
appear on the last completed assessment roll for state, county and school
district taxes, and who are entitled to vote at such election, and shall
prepare precinct registers for such election, as provided in section 23-515.
and deliver the same to the school district clerk who shall deliver the
same to the judge prior to the opening of the polls. In school districts
of the first class it shall be the duty of the school district clerk to post
such lists in five (5) public and conspicuous places within the district at
least ten (10) days prior to the date of election. It shall not be necessary
to post such lists in districts of the second and third class. A charge of
five cents per name for the use and benefit of the county shall be made
by the county clerk for preparing such list and precinct registers.
History: En. Sec, 12, Ch. 147, L. 1927;
amd. Sec. 19, Ch. 64, L. 1959; amd. Sec.
1, Ch. 127, L. 1959.
75-3913. (1224.13) Conduct of election— voting by absent electors.
The bond election shall be conducted in the manner prescribed for the
election of school trustees and return shall be made and canvassed in a
similar manner. Any qualified elector entitled to vote at any school bond
election who is absent from the county or who is physically incapacitated
from attending the polling place at such election may vote thereat by
complying with the provisions of Chapter 13 of Title 23 of the Revised
Codes of Montana, 1947, as amended, except that the application of an
absentee or physically incapacitated person for ballot may be made at any
time within fifteen (15) days next preceding such bond election.
The school district clerk whose duty it is to cause the ballots to be
prepared for the bond election shall furnish the county clerk with a supply
of ballots prior to the fifteenth day next preceding the election for the use
of the county clerk in furnishing ballots to applicants for absent voters'
ballots.
The county clerk shall deliver to the judges of election at the opening
of the polls all absent voters' ballots that he shall have received up to that
time from absent or physically incapacitated electors. The procedure set
out in Chapter 13 of Title 23 of the Revised Codes of Montana, 1947, as
amended, shall apply to the voting by absent electors with respect to school
bond elections.
History: En. Sec. 13, Ch. 147, L. 1927;
amd. Sec. 1, Ch. 203, L. 1955.
75-3914. (1224.14) Percentage of electors required to authorize bond
issue. Whenever the question of issuing bonds for any purpose is sub-
366
SCHOOLS 75-3916
mitted to the qualified electors of a school district at either a general or
special school election not less than forty (40) per centum of the qualified
electors entitled to vote on such question at such election must vote thereon,
otherwise such question shall be deemed to have been rejected ; provided,
however, that if forty (40) per centum or more of such qualified electors
do vote on such question at such election and a majority of such votes shall
be cast in favor of such proposition, then such proposition shall be deemed
to have been approved and adopted.
History: En, Sec. 14, Ch. 147, L, 1927;
amd. Sec. 1, Ch. 40, L. 1935; amd. Sec. 1,
Ch. 7, L. 1937.
75-3915. (1224.15) Meeting of board of trustees to cajivass election re-
turns— resolution for bond issue. If such election shall authorize the
issuance of such bonds, the board of trustees shall within sixty (60) days
from the date of such election pass and adopt a resolution providing for
the issue of the bonds ; provided that such bonds may be issued in one or
more series or installments as the board may in such resolution direct. This
resolution shall recite the amount of bonds to be issued, the maximum rate
of interest, the purpose of the issue, the date they shall bear, and the period
of time through which they shall be paid, and providing the manner of
execution of same. It shall provide for giving preference to amortization
bonds, but shall fix the denomination of serial bonds in case it shall be
found necessary to issue bonds in that form, and shall direct the clerk
to give notice of the sale of the bonds.
History: En. Sec. 15, Ch. 147, L. 1927.
75-3916. (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 substan-
tially in the following form :
"NOTICE OP SALE OF SCHOOL DISTRICT BONDS.
Notice IS hereby given by the board of trustees of School District No
of County, State of Montana, that the said board of
trustees will on the day of , 19 , at the hour
of o'clock . ...m. at , in the said school district, sell
to the highest and best bidder for cash, either amortization or serial bonds
of the said school district in the total amount of dollars,
($. ), for the purpose of
Amortization bonds will be the first choice and serial bonds will be the
second choice of the said school board.
If amortization bonds are sold and issued, the entire issue may be put
into one single bond or divided into several bonds, as the said board of
trustees may determine upon at the time of sale, both principal and interest
to be payable in semi-annual installments during a period of years
from the date of issue.
367
75-3937 ELECTION LAWS
If serial bonds are issued and sold they will be in the amount of
dollars, ($ ) 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 thereafter 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 commis-
sioners 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: "
History: En. Sec. 16, Oh. 147, L. 1927;
amd. Sec. 6, Cli. 178, K 1939.
75-3937. (1252) Signers required on petition for bond elections in
school districts, cities and towns and counties. No election for the issuance
of bonds of any school district, or of any town, or city, or county shall be
called except upon presentation of a petition therefor to the board of
school trustees, or to the town or city council, or to the board of county
commissioners, as the case may be, signed by at least twenty per cent of
the qualified registered electors 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
368
SCHOOLS 75-4103
governing body shall be conclusive against the municipality in favor of any
innocent holder of the bonds issued under and by virtue of authority con-
ferred by election provided by this act.
History: En. Sec. 1, Ch. 104, L. 1921;
re-€n. Sec. 1252, E. C. M. 1921.
76-3938. (1253) Qualification of voters. In all elections hereafter held
for the issuance of bonds of any school district, town or city, only qualified
registered electors who are taxpayers upon property therein, and whose
names appear on the assessment-roll for the year next preceding such
election, shall be entitled to vote thereat ; provided, however, that no
such elector, otherwise qualified hereunder, shall be denied the right to
vote by reason of the fact that the polling place for a general election for
the precinct wherein he resides and is entitled to vote, lies within another
school district, town or city.
History: En. Sec. 2, Oh. 104, L. 1921; Sec. 1253, E. 0, M. 1921; amd. Sec. 1, CH.
amd. Sec. 1, Cli. 17, Ex. L. 1921; re-en. 79, L. 1969.
CHAPTER 41
HIGH SCHOOLS— COUNTY— JUNIOR AND DISTRICT-
JOINT SCHOOL SYSTEMS
Section 75-4103. Board of trustees of county high schools.
75-4112. Bond issues, submission to electors of question.
75-4113. Duty of board of county commissioners.
75-4116. County bond issue for county and district high schools.
75-4120. Authority to abolish or to unify.
75-4120.1. Procedure for unification of county high school.
75-4120.2. Appointment and terms of additional trustees after unification —
county as high school district.
75-4120.3. Adoption of budget after unification.
75-4121. Petition to abolish county high school to be filed.
75-4122. Commissioners to submit question.
75-4123. Publication of notice and preparation of pollbooks.
75-4124. Further notice required — manner of holding election — ballots.
75-4125. Action by board of county commissioners when election favors
abolishing county high school.
75-4126. When election favors retaining high school.
75-4147. Junior high schools — authority to establish in district having no ac-
credited high school.
75-4148. Petition — resolution of board — approval of superintendent of public
instruction.
75-4149. Submission of question.
75-4150. Application and submission of question when bonds are to be issued.
75-4151. Election.
75-4152. Duty of board if establishment of junior high school be approved.
75-4153. Issuance of bonds.
75-4103. (1262.3) Board of trustees of county high schools. Every
county high school shall be under the general supervision and control of
a board of trustees consisting of seven members, one of whom shall be
the county superintendent of schools of the county wherein such county
high school is located, and six of whom shall be appointed by the board
of county commissioners of the said county. Provided, however, whenever
the county commissioners receive a petition signed by fifteen per cent
of the qualified electors in the county high school district requesting the
369
75-4103 ELECTION LAWS
election, the county commissioners of the county shall within not less than
thirty days nor more than sixty days thereafter, submit to the electors in
the county high school district the following question :
Shall the board of trustees of the county
high school district be elected ?
□ For the election of trustees.
□ Against the election of trustees.
If a majority of all of the votes cast be in favor of electing a board of
trustees, then the provisions of sections 75-4104 and 75-4105 of the Re-
vised Codes of IMontana, 1947, shall no longer be applicable, but the fol-
lowing sections shall apply :
Four of the trustees to be elected shall come from the elementary
school district in which the county high school is located, and the county
commissioners and the county superintendent of schools shall immedi-
ately district the remaining portion of the county high school district
into three trustee districts, and each district shall be entitled to one mem-
ber on the county high school board.
The election of seven school trustees of the county high school shall
be held on the first Saturday in April of every year to fill the expired
terms of trustees, and the term of office of trustees after the first election
of the county high school board shall be for three years. However, at
the first election, four of the trustees elected shall be residents of the
elementary school district where the high school is situated and three
of the trustees elected shall be residents of the respective trustee districts
set up by the board of county commissioners and the county superintendent
of schools.
At the first election the four trustees elected from the elementary
school district where the high school is located shall cast lots to determine
which two shall hold office for one year, which one for two years and
which one for three years. The three trustees elected from the trustee
districts set up by the board of county commissioners and the county
superintendent of schools shall cast lots to determine which one shall hold
office for one year, which one for two years and which one for three years.
The procedures for calling and holding elections, and for the assumption
of office, for ficst class school districts, set forth in R. C. M. 1947, section
75-1607 through 75-1613, shall govern the elections provided for in this
act, the words "clerk of the district and county superintendent of schools"
being synonymous with "the county clerk and recorder" when the former
is used in the sections referred to, and the words "board of trustees" being
synonymous with the words "county commissioners," if a majority of all
the votes cast be in favor of electing a board of trustees of the county
high school. Upon the election and qualification for office as hereinbefore
set forth of all seven of the elected trustees, the county superintendent of
schools shall no longer be a member of the board of trustees.
Any twenty-five electors qualified to vote in the election, shall file with
the county clerk and recorder of the county, the nominations of as many
persons as are to be elected to the county high school board at the elec-
tions herein provided for, at least twenty days preceding the election. The
county clerk and recorder shall cause the names to be printed on a ballot
370
SCHOOLS 75-4113
not inconsistent with the provisions of the law relating to the election of
other candidates.
Every citizen of the United States of the ape of twenty-one years or
over who has resided in the state of Montana for one year, and thirty
days in the elementary school district or the trustee district as designated
above, next preceding the election, shall be eligible for the office of school
trustee and entitled to vote thereat.
Absence from the school district or trustee district for sixty consecu-
tive days, or failure to attend three consecutive meetings of the board of
trustees without good cause, shall constitute a vacancy in the office of
trustee. When a vacancy occurs in the county high school board from
any cause whatever, the fact shall be immediately certified by the secre-
tary of the high school board to the board of trustees of the high school
who shall immediately appoint, in writing, a qualified person, resident of
the school or trustee district where the vacancy occurs and who shall serve
until the next election as stated herein. At the next election, a new trustee
shall be elected to fill the unexpired portion of the vacated term, from
the district in which the vacancy occurs.
History: En. Sec. 3, Ch. 148, L. 1931;
amd. Sec. 1, Ch. 278, L. 1959.
75-4112. (1262.12) Bond issues, submission to electors of question. If
in any county maintaining a county high school in which no district high
school is maintained not less than twenty per centum (20%) of the registered
voters who on the last completed assessment roll of the county were
assessed in their own names on real or personal property in the county shall
present to the board of trustees of the county high school a petition asking
that there be submitted the question whether bonds of the county shall be
issued for the purchase or erection of a high school building or buildings
and/or for the repairing, remodeling, or enlarging thereof, and/or for
the purchase of equipment thereof, and/or for the purchase, erection and/or
equipment of a high school dormitory or dormitories, or gymnasium, and/or
for the purchase of a suitable site or sites for such buildings, or any of
them, and/or to retire or refund any outstanding bonds issued for any of
the purposes foregoing, and if such petition shall specify therein the amount
of the bonds to be issued, and if the board of trustees of the county high
school shall upon the presentation to it of the said petition, approve the
same, and the issuance of bonds of the county to the amount therein men-
tioned and for the purpose or purposes therein specified, the secretary of
the said board shall forthwith in the name of the board of trustees request
the board of county commissioners of the county to submit without delay
to the registered voters of such county the question whether bonds of the
county shall be issued and sold to the amount and for the purpose or
purposes in the petition set forth.
History: En. Sec. 12, Ch. 148, L. 1931.
75-4113. (1262.13) Duty of board of county commissioners. Imme-
diately 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
871
75-4116 ELECTION LAWS
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 author-
ized as in the case of other county bonds.
History: En. Sec. 13, Oh. 148, L. 1931.
75-4116. (1262.15) County bond issue for county ajid district high
schools. In any county where a county high school and also one (1) or
more accredited district high schools are maintained bonds of the county
may likewise be issued in accordance with the provisions of this chapter
and for any of the purposes aforesaid, the proceeds of such issue to be
divided among the county high school and accredited district high school,
or schools of the county. The question submitted to the electors of the
county shall definitely state the amount which is to be allotted to the
county high school and the amount which is to be apportioned to or among
the accredited district high school, or schools; and in all such cases the
amount 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 taxable valuation of the county high school district,
and of all the accredited district high school districts of the county during
the year preceding the submission of the question of the bond issue ; pro-
vided, that in counties which have not been divided into high school dis-
tricts, the distribution shall be computed upon the basis of the taxable
valuation of the common school district in which the county high school is
located, and the taxable valuation of all the common school districts main-
taining district high schools in the county during the year preceding the
submission of the question of the bond issue provided, further, that
moneys apportioned to any high school district or common school district
under this act, exclusive of the county high school, shall not be expended
until the purpose for such expenditure has been approved by a vote of
the people of the district at an election conducted in the same manner
as the election to vote on extra taxes for school purposes.
History: En. Sec. 15, Ob. 148, L. 1931;
amd. Sec. 1, Ch. 233, L. 1965.
75-4120. (1262.19) Authority to abolish or to unify. Any county in
which a county high school has been established may abolish such county
high school or unify it with and make it a part of the public school system
of the school district in which it is located and dispose of all property be-
longing thereto in the manner provided in this chapter.
History: En. Sec. 19, Ch. 148, L, 1931;
amd. Sec. 1, Ch. 261, L. 1963.
75-4120.1. Procedure for unification of county high school. A county
liigh school may be unified with and made a part of the school district in
which the county high school is located in the following manner: If the
board of trustees of the county high school and the board of trustees of
372
SCHOOLS 75-4120.3
the school district in which the county hi^h school is located shall each
pass a resolution requesting unification and an election thereon and shall
each file copies of the respective resolutions with the county superintendent
of schools, or if a petition signed by ten per cent (10%) of the qualified
electors of the high school district where the county high school is located,
or of the county if it is not divided into high school districts, is filed with
the county superintendent requesting that an election on the question of
unification be held, the county superintendent within not less than twenty
(20) nor more than thirty (30) days shall cause notice of election to be
given by posting and publication. The question shall be submitted to the
qualified electors of the high school district where the county high school
is located or to the qualified electors of the county if it is not divided into
high school districts. The notice shall be posted in three (3) public places
in each school district of the high school district, or of the county if it is
not divided into high school districts, and at least one (1) voting place
shall be provided in each such school district. The notice shall also be
published once in a newspaper published in the county and having general
circulation therein. The notice shall specify the voting places, the time
when the polls shall be open and that the question to be submitted is FOR
or AGAINST unification.
If a majority of the votes cast at such election shall be FOR unifica-
tion the county superintendent shall make an order that unification shall
be effective the following July 1.
If a majority of the votes cast at such election shall be AGAINST uni-
fication the county superintendent shall so declare.
Persons qualified to vote for school trustees shall be eligible to vote at
the election provided for herein and as far as applicable the statutes re-
lating to the election of school trustees shall govern such election.
History: En. Sec. 1, Ch. 37, L. 1965.
75-4120.2. Appointment and terms of additional trustees after unifica-
tion— county as high school district. If unification is accomplished, immed-
iately after the effective date the county superintendent of schools in those
counties which have been divided into high school districts shall appoint
additional board of trustee members in the manner provided by section
75-4601, R. C. M. 1947, if the majority of the school districts lying within
the high school district so request. If the county has not been divided into
high school districts, the county shall immediately upon unification, become
a high school district in its entirety in the same manner as if action had
been taken under section 75-4602, R. C. M. 1947. Members appointed by
the county superintendent of schools shall hold oflSce until the next annual
school election when there shall be elected a trustee to replace each ap-
pointed member.
History: En. Sec. 2, Ch. 37, L. 1965.
75-4120.3. Adoption of budget after unification. If unification is ac-
complished, the board of trustees of the district which was unified with
the county high school shall adopt a high school budget for the next fiscal
373
75-4121 ELECTION LAWS
year on the fourth Monday in June preceding the effective date of uni-
fication.
History: En. Sec. 3, Ch. 37, L. 1966.
75-4121. (1262.20) Petition to abolish county high school 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 registered electors of any county
maintaining a county high school who are also assessed in their own names
on the assessment books of the county for that year upon real or personal
property may file their written petition with the county clerk of the county
praying that the county high school be abolished.
History: En. Sec. 20, Ch. 148, L. 1931;
amd. Sec. 2, Ch. 261, L, 1963; amd. Sec.
4, Ch. 37, L. 1965.
75-4122. (1262.21) Commissioners to submit question. At the first
regular monthly meeting of the board of county commissioners of the
county immediately following such filing the petition shall be called to
the attention of the board by the county clerk; and the board shall im-
mediately direct the submission to the registered voters of the county at
the ensuing general election for that year of the question whether the
county high school of the county should be abolished.
History: En. Sec. 21, Ch. 148, L. 1931;
amd. Sec. 3, Ch. 261, L. 1963; amd. Sec.
5, Ch. 37, L. 1965.
75-4123. (1262.22) Publication of notice and preparation of poUbooks.
The county clerk of the county shall publish a notice of the filing and
purpose of the said petition, which notice shall contain the question of
abolishing the county high school. The notice shall also state that the said
question will be submitted at the ensuing general election. The notice shall
be published at least once a week for four successive weeks in some news-
paper of general circulation published in the county, and, if there be none,
in such newspaper as the board of county commissioners may designate,
the first publication of such notice to be made between September 1 and
September 15 of the said year. The county clerk of said county shall prepare
suitable pollbooks containing the names of all registered electors at the
expense of the county.
History: En. Sec. 22, Ch. 148, L. 1931;
amd. Sec. 4, Ch. 261, L. 1963; amd. Sec.
6, Ch. 37, L. 1965.
75-4124. (1262.23) Further notice required — manner of holding elec-
tion— ballots. Further notice of the submission of the question shall be
given, and such question shall be submitted to the registered voters of
the county at the ensuing general election in November, and the votes
cast thereon canvassed and returns thereof made in the manner provided
by law for the election of county officers at that election, subject, how-
ever, to the following special requirements:
374
SCHOOLS 75-4147
The votes for or against abolishment of the county high school shall
be cast by ballot in substantially the following form.
Abolishment of county high school.
□ For the abolislunent of the county high school.
□ Against the abolishment of the county high school.
An elector may vote for the question submitted to him for considera-
tion 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 question submitted to him for consideration
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.
History: En. Sec. 23, Ch. 148, L. 1931;
amd. Sec. 5, Ch. 261, L. 1963; amd. Sec.
7, Ch. 37, L. 1965.
75-4125. (1262.24) Action by board of county commissioners when
election favors abolishing county high school. If a majority of all 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 Decem-
ber following the election 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.
History: En. Sec. 24, Ch. 148, L. 1931;
amd. Sec. 6, Ch. 261, L. 1963; amd. Sec.
8, Ch. 37, L. 1966.
75-4126. (1262.25) When election favors retaining high school. But
if a majority of all votes cast at such election shall be against the abolish-
ment of the county high school a similar abstract of the votes shall in like
manner be entered by the board of county commissioners at large upon their
minutes at its December meeting aforesaid ; and no further submission of
the question of abolishing the county high school shall be had in that county
for at least two (2) 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 resubmitted for at least two (2) years after the date
that this act becomes effective.
History: En. Sec. 26, Ch. 148, L. 1931;
amd. Sec. 7, Ch. 261, L. 1963; amd. Sec.
9, Ch. 37, L. 1965.
75-4147. (1262.45) Junior high schools — authority to establish in dis-
trict having no accreited high school. The board of trustees of any school
district where no accredited high school is already established and main-
tained may establish one or more junior high schools in the district at any
time in accordance with the sections immediately following and provide
375
75-4148 ELECTION LAWS
therefor quarters, buildings, building sites, equipment and a teaching force.
History: En. Sec. 45, Ch. 148, L. 1931.
75-4148. (1262.46) Petition — resolution of board — approval of super-
intendent of public instruction. Whenever the board of trustees of any
school district which has no accredited high school, already established,
shall receive a petition in writing from twenty per centum (20%), or
more, of the registered voters of the district requesting that a junior high"
school or junior high schools be established, or shall itself resolve by
resolution spread upon the minutes of the board that the establishment
of a junior high school or junior high schools is in the best interests of
the district, an application shall forthwith be made by the said board of
trustees to the superintendent of public instruction, setting forth therein
such facts and information as it may require and requesting its approval of
the establishment of the junior high school or junior high schools in
question.
History: En. Sec. 46, Ch. 148, L. 1931.
75-4149. (1262.47) Submission of question. If the establishment of
a junior high school or junior high schools is approved by the superin-
tendent 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.
History: En. Sec. 47, Ch. 148, L. 1931.
75-4150. (1262.48) Application and submission of question when bonds
are to be issued. If it is necessary for the district to issue bonds to provide
quarters, buildings, building sites, and/or equipment for the proposed
junior high school or junior high schools the application for the approval
of the superintendent of public instruction, shall set forth the facts pertinent
to such issue and the amount of bonds required for the purposes mentioned,
or any of them. And in any such case if the establishment of the junior
high school or junior high schools be approved by the superintendent of
public instruction the question submitted by the board of trustees to 'the
registered voters of the district shall be whether a junior high school, or,
if the establishment of more than one junior high school be contemplated,
whether junior high schools shall be established in the district and bonds
in a specified amount issued to provide quarters, buildings, building sites
and equipment, or for any one or more such purposes.
History: En. Sec. 48, Ch. 148, L. 1931.
75-4151. (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
376
SCHOOLS 75-4202
acquiring by purchase a school house, of furnishing and equipping the
same, and of purchasing the necessary lands therefor.
History: En. Sec. 49, Ch. 148, L. 1931.
75-4152. (1262.50) Duty of board if establishment of junior high school
be 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 establish and open
the school or schools so authorized.
History: En. Sec. 50, Ch. 148, L. 1931.
75-4153. (1262.51) Issuance of bonds. If the issuance of bonds as
specified in any question submitted be approved the board of trustees shall
thereafter issue and market the bonds of the district within the limits of the
amount specified in the question and in the same manner and pursuant
to the provisions and limitations of law otherwise applicable in 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.
History: En. Sec. 51, Ch. 148, L. 1931.
CHAPTER 42
HIGH SCHOOLS— COUNTY-JUNIOR AND DISTEICT— JOINT SCHOOL
SYSTEMS CONTINUED— VOCATIONAL EDUCATION
Section 75-4201. Junior high schools — how established where district high school is
already established.
75-4202. Establishment in districts where county high school is located.
75-4231. General powers and duties of boards of trustees.
75-4201. (1262.52) Junior high schools — how established wher« 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 superin-
tendent of public instruction reorganize th': school system of the district to
provide for a junior high school or junior high schools as a part of such
system, without submitting the question to the qualified electors of the
district. But nothing herein contained shall be construed to authorize
any such board of trustees to issue bonds of the district or to incur indebted-
ness 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.
History: En. Sec. 52, Ch. 148, L. 1931.
75-4202. (1262.53) Establishment in districts where county high school
is located. A junior high school or junior high schools may be established
by the school district in which any county high school is located in the
manner provided in section 75-4201, provided that the board of trustees
of the county high school already located in the district shall by resolution
377
75-4231 ELECTION LAWS
consent thereto. A junior high school, or junior high schools, may also, in
like manner, be established by the county high school, provided that the
board of trustees of the school district, in which the county high school is
located, shall by resolution consent thereto. In no event, however, shall a
junior high school be established unless the question has been submitted to
the qualified electors of the district involved, and a majority of the electors
vote in favor thereof.
History: En. Sec. 53, Ch. 148, L. 1931;
amd. Sec. 1, Ch. 89, L. 1949; amd. Sec. 1,
Ch. 262, L. 1965.
76-4231. (1262.83) General powers and duties of boards of trustees.
The board of trus^tees of every county high school and of every school
district maintaining a district high school shall have the power, and it shall
be its duty:
1. • • •
2. (a) At its discretion as restricted by law to purchase, or otherwise
acquire, real estate to be used as a site or sites for a high school, high
school dormitories, high school gymnasiums, and other high school build-
ings, or for any proper high school purposes, and to sell and to dispose of
the same ; at its discretion as restricted by law to build, purchase, or other-
wise acquire, a high school building, high school dormitories, high school
gymnasiums, and other buildings necessary for the high school, and to
sell, move and dispose of the same; at its discretion as restricted by law
to lease or contract with the board of trustees of any school district, or
with any person, for suitable buildings or quarters to be used for any high
school purposes or as a high school dormitory or gymnasium, and for
such term not exceeding three (3) years as the board may deem for the
best interests of the high school; at its discretion as restricted by law to
purchase, or otherwise acquire, all necessary and appropriate equipment
and supplies for the conduct, operation and administration of the high
school, including high school dormitories and gymnasiums; at its discre-
tion as restricted by law to make all contracts and to do all things neces-
sary to carry out or execute all or any of the powers herein specified and
conferred upon the board; provided, all boards of trustees of county high
schools, or districts maintaining high schools, shall be prohibited from
letting any contracts for building, furnishing, repairing or other work
for the benefit of the school, or purchasing supplies for said school, where
the amount involved is one thousand two hundred fifty dollars ($1,250.00)
or more, without first advertising in a newspaper published in the county
for at least two (2) weeks, calling for bids to perform such work, and the
board shall award the contract to the lowest responsible bidder; provided
further, that the board of trustees shall have the right to reject any or all
bids; provided that these provisions shall not apply in case of extreme
emergencies.
(b) But the board shall exercise no power whatsoever conferred upon
it by this subdivision 2 whereby obligations are assumed or an indebted-
378
SCHOOLS 75-4231
ness created in excess of the funds on hand, belonging to the high school,
and not otherwise appropriated, or available to the board from the collec-
tion of taxes actually levied for the current year, or from the sale of bonds
already authorized ; and the power of the board to purchase, or otherwise
acquire, or to sell, or dispose of, a site or sites for a high school, high
school dormitories, high school gymnasiums, or other high school build-
ings, or for any proper high school purpose, or to build, purchase, or
otherwise acquire, a high school building, high school dormitories, high
school gymnasiums, or other buildings necessary for the high school or
to sell, move or dispose of the same, shall be exercised only at the direction
of a majority of the qualified electors of the county in the case of a county
high school, or of the district in the case of a district high school, voting
at an election to be called by the board, and otherwise noticed, conducted,
canvassed and returned in the same manner as the annual election of
school trustees in school districts of the first class.
(c) Provided, however, that where a site or sites for a high school,
high school dormitories, high school gymnasiums or other high school
buildings or for any other proper high school purposes is contiguous to a
site upon which there exists a high school building erected and in use for
high school purposes, the board may purchase or otherwise acquire such
contiguous site or sites without calling for a vote of the qualified electors
of the county, in the case of a county high school, or the district, in the
case of a district high school, and upon the making of such a purchase of,
or otherwise acquiring, such site or sites, the board may enter into a con-
tract or obligation providing for the purchase of said site or sites by de-
ferred payments and may incur indebtedness for the whole or any part of
said purchase price and shall not be restricted in the terms of said contract
or the amount of said purchase price except that the amount of the in-
debtedness incurred shall not exceed ten thousand dollars ($10,000.00) as
to principal and interest; provided further, however, that before making
any such purchase the board shall duly pass a resolution declaring such
lands to be purchased necessary for school purposes of said district, and
provide for the purchase thereof; provided further, that notice of the
meeting at which said resolution is to be considered for final adoption
and of the proposed passage of said resolution shall be given as provided by
law for notices of election of trustees, at which meeting the electors of
said district shall have the right to be present and to protest the passage
of said resolution.
(d) If at the hearing on such resolution protests against the adoption
of the same shall be made and the board of trustees shall adopt the same
over such protests, the resolution shall not become effective for fifteen
(15) days after the date of its adoption, during which time any taxpayer
or taxpayers may appeal to the district court by filing with the clerk of
such court a verified petition, a copy of which shall theretofore have been
served upon the clerk or secretary of the board of trustees. Said petition
shall set forth in detail the objections of the petitioners to the adoption of
such resolution or to the purchase of the property as provided for in said
resolution. The service and filing of said petition shall operate to stay
379
75-4413 ELECTION LAWS
such resolution until final determination of the matter by the court. Upon
the filing of such petition the court shall immediately fix a time for hear-
ing the same which shall be at the earliest convenient time. At such hear-
ing the court shall hear the matter de novo and may take such testimony
as it deems necessary. Its proceedings shall be summary and informal
and its determination shall be final.
3 to 15.
* • •
History: En. Sec. 83, Ch. 148, L. 1931; Ch. 106, L. 1951; amd. Sec. 1, Ch. 43, L.
amd. Sec. 1, Ch. 207, L. 1939; amd. Sec. 2, 1955.
CHAPTER 44
COMMUNITY COLLEGE DISTRICTS
Section 75-4413. Property and population requirements for district — corporate powers
— exemption from school district law.
75-4414. Supervision by state board of education.
75-4415. Boundaries of district — additional to other districts.
75-4416. Petition for organization of district — election — order establishing
district.
75-4417. Election of trustees— districts from which elected — terms of office.
75-4418. Notice of organization election — conduct of election.
75-4419. Trustees' oath of office— officers of board- — quorum — vacancies — seal.
75-4420. Trustee elections after organization.
75-4421. Meetings of board — notice — mileage allowance for trustees.
75-4422. Trustees not to have pecuniary interest in district contracts — adver-
tising for bids.
75-4423. Courses of instruction provided — tuition fees.
75-4424. Employment of personnel — retirement of employees and trustees.
75-4425. Participation in foundation program and equalization fund — budget-
ing— special tax levy.
75-4426. Building construction and repairs — acquisition of land — tax levy —
federal and state aid.
75-4427. Acceptance of donations.
75-4428. Disposition of surplus property — contracts for co-operation with
school districts.
75-4429. Junior colleges authorized to continue — conversion to community
college.
75-4430. Annexation of school districts to junior college or community college
district — election.
75-4413. Property and population requirements for district — corporate
powers — exemption from school district law. The voters in any area of the
state may form a community college district where the area to be formed
into such district has an assessed valuation of not less than thirty million
dollars ($30,000,000) and has a total of not less than seven hundred (700)
pupils regularly enrolled in public and private high schools. The district
may consist of a county, two or more contiguous counties, or contiguous
parts of two or more counties in this state. When such a district is organized,
it shall be a body corporate and a subdivision of the state of Montana and
shall be known as "The Community College District of , Mon-
tana" and, in that name, may sue and be sued, levy and collect taxes within
the limitations of this act, and possess the same corporate powers as com-
mon school and high school districts in this state, except as herein otherwise
provided. Sections 75-1801 to 75-1834, Revised Codes of Montana, 1947, as
amended, shall not apply to community college districts organized under
the provisions of this act except as provided herein.
History: En. Sec. 1, Ch. 274, L. 1965.
380
SCHOOLS 75-4416
75-4414. Supervision by state board of education. (1) -Junior collpge
departments or districts formed prior to the cf^^'eetive date of this act and
those community college districts formed under the provisions of this act
shall be under the supervision of tlie state board of education.
(2) It shall be the duty of the state board of education to:
(a) Establish the role of the two-year collejje in the state;
(b) Set up a survey form to be used for local surveys of need and
potential for two-year colleges and provide supervision in the conducting
of surveys ;
(e) Supervise the community college districts formed under the pro-
visions of this act and the junior colleges now in existence and formed
prior to the effective date of this act ;
(d) Formulate and put into effect, uniform policies as to budgeting,
record keeping and student accounting ;
(e) Establish uniform minimum entrance requirements and uniform
eurricular oftVrings for all community and junior colleges;
(f) Make a continuing study of the junior and community college
education in the state ; and
(g) Be responsible for the accreditation of each junior college and
community college under its supervision. Accreditation shall be conducted
annually or as often as deemed advisable and made in a manner consistent
with the rules and regulations established and applied uniformly to all
junior and community college districts in the state. Standards for accredita-
tion of junior and community colleges shall be formulated with due con-
sideration given to curriculum offerings and entrance requirements of the
Montana university system.
History: En. Sec. 2, Cli, 274, L. 1965.
75-4415. Boundaries of district — additional to other districts. The
boundaries of any community college district organized under this act shall
coincide with the then-existing boundaries of the contiguous common school
districts proposed to be included, and such community college district shall
be in addition to any other school districts existing in any portion of such
area.
History: En. Sec. 3, Ch. 274, L. 1965.
75-4416. Petition for organization of district — election — order estab-
lishing district. Whenever there is presented to the state board of edu-
cation a petition, signed by not less than twenty per centum (20%) of the
qualified registered electors residing within each county or part of county
within a proposed community college district area, praying that a com-
munity college district be organized for the purpose of offering community
college (13th and 14th year) courses, the state board of education shall
order an election held within the proposed district of the qualified eL-ctors
therein to vote on the proposal and to elect trustees, at the next following
annual school election. At such election, the proposition shall be in sub-
stantiallv the following form :
'o
381
75-4417 ELECTION LAWS
PROPOSITION
Shall there be organized within the area comprising the School Districts
of , State of Montana, a community college district for the
offering of 13th and 14th year courses, to be known as the Community
College District of , Montana, under the provisions of Chapter
(giving the number of this act [274]), Laws of 1965, as prayed in the
petition filed with the State Board of Education at Helena, Montana, on
the day of ,19....?
□ For organization
□ Against organization
The election shall be conducted in the manner provided for the election
of trustees in a common school district of the second or third class. Within
fifteen (15) days after such election, the results shall be transmitted by
those receiving the same under law in each component district to the state
board of education, by certificates attesting to the total number of votes
cast within each such district on said proposition, the votes cast for and
against said proposition and the votes cast for each candidate for trustee,
together with the tally sheets attested to by the judges and clerks of election
at each polling place within each such district. The proposal to organize
the community college district, to carry, must receive a majority of the
total number of votes cast thereon and the state superintendent of public
instruction, from the results so certified and attested, shall determine
whether the proposal has received the majority of the votes cast thereon
for each county or part of a county within the proposed district and shall
certify the results to the state board of education. Should the state super-
intendent of public instruction certificate show that the proposition to
organize such community college district has received a majority of the
votes cast thereon in each county or part of a county within the proposed
district, the state board of education shall make an order declaring the
community college district organized and cause a copy thereof to be re-
corded in the office of county clerk and recorder in each county in which a
portion of such new district is situated. If the proposition carries in some
county or counties and/or parts of counties but not in all portions of area
sought to be included within the district, the board shall determine whether
the area in which the proposition carried by a majority vote meets the
requirements of section 75-4413, and if so shall establish the boundaries.
If the proposition carries, the board shall also determine which candidates
have been elected trustees under section 75-4417. Should the proposition to
organize the district fail to receive a majority of the votes cast thereon
above provided, no tabulation shall be made to determine the candidates
elected trustees.
History: En. Sec. 4, Ch. 274, L. 1965.
75-4417. Election of trustees — districts from which elected — terms of
oflQce. In the organization election seven (7) trustees shall be elected at
large, except, that should there be in such proposed community college
district one or more high school districts or part of a high school district
within the community college district with more than forty-three per cent
(43%) and not more than fifty per cent (50%) of the total school census
382
SCHOOLS 75-4419
of the proposed district, as determined by the last school census, then each
such district or part of district shall elect three (3) trustees and the re-
maining trustees shall be elected at large from the remainder of the pro-
posed college district. Should any such high school district or such part of
a high school district have more than fifty per cent (50%) of the total
school census of the proposed district then four (4) trustees shall be
elected at large from such high school district or such part of high school
district and three (3) trustees at large from the remainder of the pro-
posed college district. If the trustees are elected at large throughout the
entire proposed district, the one receiving the greatest number of votes
shall be elected for a term of seven (7) years, the one receiving the next
greatest number of votes, for a term of six (6) years, the one receiving
the next greatest number of votes, for a term of five (5) years, the one
receiving the next greatest number of votes for a term of four (4) years,
the one receiving the next greatest number of votes for a term of three
(3) years, the one receiving the next greatest number of votes for a term
of two (2) years and the elected one receiving the least number of votes
for a term of one (1) year. If the trustees are elected in any manner other
than at large throughout the entire proposed district, then the trustees
elected shall determine by lot the one who shall serve for seven (7) years,
the one who shall serve for six (6) years, the one who shall serve for five
(5) years, the one who shall serve for four (4) years, the one who shall
serve for three (3) years, the one who shall serve for two (2) years and
the one who shall serve for one (1) year. Thereafter, all trustees elected
shall serve for terms of seven (7) years each.
History: En. Sec. 5, CIl 274, L. 1965.
75-4418. Notice of organization election — conduct of election. Notice
of the organization election shall be given by the state board of education
by publication in at least one (1) newspaper of general circulation in each
county including any portion of the proposed community college district,
once a week for three (3) consecutive weeks, the last insertion to be no
longer than one (1) week prior to the date of election. The election shall be
conducted in the same manner, at the same polling places and by the same
election officials who are conducting elections on that day in each component
school district.
History: En. Sec. 6, Ch. 274, L. 1965.
75-4419. Trustees' oath of oflftce — officers of board — quorum— vacancies
— seal. Newly elected members of the board of trustees shall be qualified
by taking the oath of ofiice prescribed by article XIX, section 1, of the
constitution of Montana. The board shall be organized by the election of a
president and vice-president and a secretary, said secretary may be or may
not be a member of the board. The treasurer of the community college dis-
trict shall be the county treasurer of the county in which the community
college is situated. A majority of the board shall constitute a quorum for
the transaction of business, but no contract shall be let, teacher employed
or dismissed, or bill approved unless a majority of the whole board shall
vote therefor. Any vacancy occurring in the board shall be filled by appoint-
383
75-4420 ELECTION LAWS
merit by the remaining members of the board, and the persons appointed
shall hold office until the next election held by such community college
district when a trustee shall be elected for the unexpired term. The board
shall keep a common seal with which to attest its official acts.
History: En. Sec. 7, Cli. 274, L. 1965.
75-4420. Trustee elections after organization. After organization, the
qualified voters of the community college district shall vote for trustees
on the first Saturday in April, and such elections sliall be held in the same
manner and with elections being held in the component common school
districts within the boundaries of such community college district. All
costs incident to such community college trustee elections shall be borne
by the community college district. Notice of all such elections shall be
given by the board of trustees by publication in at least one (1) newspaper
of general circulation within each county, at least once a week for two
(2) consecutive weeks, the last insertion to be no longer than one (1) week
prior to the date of election. Should trustees be elected other than at large
throughout the entire district, then only those qualified voters within the
district from which the trustee or trustees are to be elected shall cast their
ballots for the trustee or trustees from that district. All candidates for the
office of trustee shall file their declarations or [of] candidacy with the
secretary of the board of trustees at least thirty (30) days prior to the date
of election. If voting machines are not used in a common school district or
districts which are within such community college district, then the board
of trustees shall cause ballots to be printed and distributed for the polling
places in such component districts at the expense of the community college
district, but in all other respects said elections shall be held at the same
time, in the same places and shall be conducted by the same officials for
elections being held in such common school districts. The community college
district shall reimburse to the common school district one-half (1/2) of the
costs of the common school district of the compensation actually paid by
said common school district to the judges of such elections. The judges of
election in each component school district, shall certify to the board of
trustees of the community college district the total number of votes cast
for each candidate and the votes cast on all questions submitted within
fifteen (15) days after any election. Within forty-eight (48) hours there-
after, at least a majority of the then qualified members of the board of
trustees of such community college district shall jointly tabulate the results
so received, shall declare and certify the candidates receiving the greatest
number of votes for terms of seven (7) years each and until their successor
shall have been elected and qualified and shall declare and certify the results
of the votes cast on any question presented at such election. "Qualified
voters," under the provisions of this act, shall mean those voters qualified
to vote in the school election of the component common school district.
History: En. Sec. 8, Ch. 274, L. 1965.
75-4421. Meetings of board — notice — mileage allowance for trustees. The
board of trustees shall hold monthy meetings within the community college
district on the third Tuesday of each month or such other day of the month
384
SCHOOLS 75-4424
the board might set and may liohl special meetings at any time and place
which it may direct. The president and secretary of the board may also
call special meetings of said board at any time and place, if in their judg-
ment necessity requires it. The secretary of the board shall notify the mem-
bers of all regular and special meetings. The members of the board shall
receive ten cents (100) per mile for distance necessarily traveled in
going to and returning from the place of the meeting and his place of resi-
dence each day that such trip is actually made.
History: En. Sec. 9, Ch. 274, L. 1965.
75-4422. Trustees not to have pecuniary interest in district contracts
— advertising for bids. It shall be unlawful for any community college dis-
trict trustee to have any pecuniary interest, either directly or indirectly,
in the erection of any school building, or for furnishing or repairing the
same, or be in any manner connected with the furnishing of supplies for
the maintenance of the college, or to receive or to accept any compensation
or reward for services rendered as trustee, except as herein provided. No
board of trustees shall let any contract (except if the amount involved is
less than two thousand dollars ($2,000) [)] for building, furnishing, repair-
ing or other work or supplies for the benefit of the district, without first
advertising in a newspaper published in each county wherein the area of
the district lies for at least two (2) weeks, call for bids to perform such
work or furnish such supplies. In all cases where advertising is required,
the board shall award the contract to the lowest responsible bidder; pro-
vided, however, that the board of trustees shall have the right to reject
any and all bids.
History: En. Sec. 10, Ch. 274, L. 1965.
75-4423. Courses of instruction provided — tuition fees. A community
college district organized under this act shall provide instruction, classes,
school or schools for student residents within the community college dis-
trict; and subject to the approval of the state board of education provide
instruction, courses and classes for vocational training within the district in
the trades and industries and commercial branches, and for adult education.
The board of trustees of such district may in their discretion determine the
per capita cost of such courses, file the same with the state board of educa-
tion and upon approval thereof by the state board of education, shall re-
quire of all nondistrict residents who are accepted as pupils, a tuition fee in
such sum as may be necessary for maintenance of such course or courses.
A different tuition may be established as between nondistrict residents
residing within the state of Montana and those residing outside the state
of Montana. In addition thereto, such board of trustees may charge resident
students such amounts as it deems necessary to maintain such courses,
taking into consideration such other funds as may be available under law
for the support of such courses.
History: En. Sec. 11, Ch. 274, L. 1965.
75-4424. Employment of personnel — retirement of employees and
trustees. The board of trustees shall appoint the employees of the com-
385
75-4425 ELECTION LAWS
munity college, define and assign their powers and duties and fix their
compensation.
The board of trustees and teachers of a community college district shall
be subject to and receive the benefits of chapter 27 of Title 75 of the Re-
vised Codes of Montana, as amended, and hereafter amended.
History: En. Sec. 12, Ch. 274, L. 1965.
75-4425. Participation in foundation program and equalization fund —
budgeting — special tax levy. A community college under this act shall be
considered a free public school for budgeting and financial purposes under
chapter 36, Title 75 of the Revised Codes of Montana, 1947, as amended,
and as hereafter amended. The term "average number belonging" for
community colleges shall mean those students enrolled and in attendance,
in a community college for a period of not less than thirty (30) days, and
carrying a course of study of not less than ten (10) class hours in courses,
including vocational courses meeting standards prescribed by the state
board of education, during each calendar week. A class hour shall mean
not less than fifty (50) minutes of instruction or supervised laboratory
training. Each student, enrolled for a period of more than thirty (30) days
in any one (1) quarter or semester but less than two (2) complete semes-
ters or three (3) complete quarters, shall entitle the college district to
receive proportionate credit based upon the number of weeks the student
is enrolled and in attendance bears to the total weeks in the two (2) com-
plete semesters or three (3) quarters. Such calculations shall exclude weeks
of regular vacation time.
The moneys coming into the state public school equalization fund shall
be distributed and apportioned to provide an annual minimum operating
revenue for the community college in accordance with the schedules pro-
vided for high schools under chapter 36, Title 75 of the Revised Codes of
Montana, 1947, as amended and as hereafter amended.
The community college district shall be subject to the budgeting laws
of a joint high school district or a joint common school district maintaining
a high school, in so far as they are applicable, provided, however, the budget
of a community college district shall be complete and separate.
Whenever the board of trustees of a community college district shall
deem it necessary to raise money for college purposes in addition to its
revenues from county and state apportionments, they may proceed in so
far as applicable under sections 75-4609 and 75-4610 of the Revised Codes
of Montana, 1947, as amended.
History: En. Sec. 13, Ch. 274, L. 1965.
75-4426. Building construction and repairs — acquisition of land — tax
levy — federal and state aid. The board of trustees of any community col-
lege district is hereby vested with the power and authority to build, en-
large, alter, repair or acquire by purchase school buildings and dormitories;
furnishing and equipping the same, and purchasing the necessary lands
therefor and the board of trustees of any eomniunity college district is
hereby authorized to levy an additional tax not exceeding ten (10) mills on
the dollar of the taxable value of all taxable property within the district
386
1
SCHOOLS 75-4429
for these purposes; provided they shall first be authorized to do so by an
election hold of the qualified electors of the district who are taxpayers upon
property within the community college district, called, noticed and con-
ducted in so far as applicable by sections 75-4(309 and 70-4610 of the Revised
Codes of Montana, 1947, as amended. Tlie board of trustees of any com-
munity college district is hereby authorized to accept funds from the United
States or the state of Montana, their instrumentalities or any of their
agencies in aid of any one or more of such purposes or in maintaining and
operating the college.
History: En. Sec. 14, Ch. 274, L. 1965.
75-4427. Acceptance of donations. All community college districts and
its boards of trustees thereof on behalf of such districts are hereby au-
thorized and empowered to accept gifts, legacies and devises, subject
to the conditions imposed by the deed of the dower, or will of testator, or
without any conditions imposed.
History: En. Sec. 15, Ch. 274, L. 1966.
75-4428. Disposition of surplus property — contracts for co-operation
with school districts. Whenever there is within any school district any school
property that is not required for the use of the school district and such
property could be used for purposes of offering education beyond grade
twelve or vocational and adult education by community college district, the
boards of trustees of any school district is hereby authorized to lease or
sell and convey the same to such community college district by negotiation.
Any school district within or without the community college district is
authorized to contract with a community college district to provide adult
education courses for such school district and to exchange teachers.
History: En. Sec. 16, Ch. 274, L. 1965.
75-4429. Junior colleges authorized to continue — conversion to com-
munity college. All junior colleges established prior to the effective date
of this act shall be under the supervision of the state board of education
and shall conform to the scholastic standards established by the board,
but no such district may be dissolved except as now provided by law and
in no instance because it does not meet the standards for organization
established by section 75-4413. The governing board of any such institution
may, by resolution and by transmitting a copy of such resolution to the
state superintendent of public instruction, establish a community college
district under this act, and name the same without compliance Avith sections
75-4413 and 75-4416.
If such governing board establishes a community college district it shall
act as the board of trustees of the community college district until the next
general school election held on the first Saturday in April as provided in
section 75-4420 herein when all community college district trustees shall
be elected as provided in section 75-4417 except that it will not in any way
be considered an organization election.
History: En. Sec. 17, Cli. 274, L. 1965.
387
75-4430 ELECTION LAWS
75-4430. Annexation of school districts to junior coUeg-e or community
college district — election. Whenever the junior or community college dis-
trict board of trustees shall so resolve or whenever ten per cent (10%) of
the qualified electors of the common school district or districts situate
within one (1) county sought to be annexed indicate by a petition, filed
with the secretary of the board of trustees of such junior college or com-
munity college district, requesting the annexation of a common school
district or districts situate within one (1) county to the said district, the
board of trustees shall call an election on such annexation within not less
than twenty-five (25) days nor more than sixty (60) days from the pas-
sage of such resolution or the filing of said petition as the case may be.
Notice of such election shall be given in the same manner as an election
held to organize a community college district under this act. The election
shall be conducted in the same manner, and those eligible to vote shall be
the same as an election to organize junior college districts under this act.
The board of trustees shall establish such polling places as it may deem fit
within the area sought to be annexed.
The question on the ballot shall be as follows :
"Shall school districts be annexed to and become a part of the
community college district of , Montana?
□ For Annexation
□ Against Annexation"
The proposal to annex to carry, must receive a majority of the total votes
cast thereon. The judges of the election shall within five (5) days after
said election transmit the pollbooks, ballots and tally lists to the board of
trustees of said community college district who shall canvass the vote and
declare the results of the election and shall cause, if the annexation ques-
tion carried, a certified copy of their canvassing resolution to be filed in
the office of the county clerk and recorder of the county containing area to
be annexed and upon such filing the area to be annexed shall then become
a part of the community college district.
History: En. Sec. 18, Oil. 274, L. 1965.
CHAPTER 45
HIGH SCHOOL BUDGET ACT
Section 75-4516.1. Levy of taxes.
75-4516.1. Levy of taxes. (1) Basic high school levy. It shall be the
duty of the county commissioners of each county in the state to levy an
annual basic special tax for high schools of fourteen (14) mills on the
dollar of the taxable value of all taxable property within the county, which
levy shall be made at the time and in the manner provided by law for
the levying of taxes for county purposes and which tax shall be collected
by the county treasurer at the same time and in the same manner as
state and county taxes are collected ; provided that if a basic levy of less
than fourteen (14) mills should be sufficient to meet the total of the ap-
proved budgets of all school districts and county high schools within the
county, then such lesser basic levy shall be made.
388
SCHOOLS 75-4601
No county levying less than the adjusted basic high school levy shall
receive any apportionment of state equalization aid.
(2) Additional high school levy. The county commissioners shall, if
necessary, levy an additional tax in such number of mills on the taxable
value of all taxable property within the county as shall be required to
provide the foundation program for all school districts and county high
schools within the county. The county superintendent shall apportion the
proceeds of such additional tax levy to each school district and county high
school within the county after apportionment of the basic special tax for
high schools as provided in section 75-3618 and the state equalization aid
as provided in section 75-3619.
(3) Permissive high school levy. If the revenues for the operation and
maintenance of any high school, including the amount apportionable from
said basic special tax for high schools and the amount, if any, produced by
said additional high school tax, shall be less than the foundation program of
such high school and the approved additions thereto included in its budget,
within the limitations hereinbefore specified, it shall be the further duty of
the board of county commissioners to fix and levy a tax, in such number of
mills as will produce the amount shown by the final budget to be raised by
tax levy plus federal reimbursements in lieu of taxes, which tax shall, in
the case of a county high school not located within a building district, be
levied upon all property in the county, excepting the property of any dis-
trict supporting a district high school, and shall, in the case of a county
high school located within a high school building district, be levied upon
all property in such building district and which tax shall, in the case of a
district high school not located within a building district, be levied upon all
property within the school district, and shall, in the case of a district high
school located within a building district, be levied upon all property in such
building district, provided, however, that such last mentioned additional
tax shall not, in any event, be used to raise funds in excess of the maximum
budgets as specified in section 75-4518.1 when considered with all other
sources of revenues, unless approved by a vote of the taxpaying electors.
History: En. Sec. 15, Ch. 199, K 1949; L. 1961; amd. Sec. 14, Ch. 267, L. 1963;
amd. Sec. 4, Ch. 208, L. 1951; amd. Sec. 1, amd. Sec. 6, Ch. 198, L. 1965.
Ch. 202, L. 1953; amd. Sec. 1, Ch. 246,
CHAPTER 46
HIGH SCHOOL DISTEICTS— PUBLIC WOEKS
Section 75-4601. High school trustees may undertake public works program — addi-
tional trustees — division of taxable valuation — commencement of
proceedings — temporary relocation of schoolhouse.
75-4602. Commission may divide county into high school districts,
75-4607. Alteration of boundaries — redivision — limitation.
75-4609. Special tax levy — election.
75-4610. Notice and conduct of election.
75-4611. Approval of tax — other special levies not submitted.
75-4601. High school trustees may undertake public works pro-am —
additional trustees — division of taxable valuation — commencement of pro-
ceedings— temporary relocation of schoolhouse. In any county having a
389
75-4601 ELECTION LAWS
high school the board of trustees of the county high school, if there be
one, and the boards of trustees of any school districts maintaining dis-
trict high schools, are hereby designated as the boards of trustees of the
respective high school districts established under this act, provided that
additional members may be elected to the board of trustees of districts
maintaining district high schools in the number and manner as follows :
When a majority of the boards of the common school districts in the high
school district so request, such requests shall be directed to the county
superintendent of schools, who shall proceed as directed in this act.
The taxable valuation of the district in which the high school is located
shall be divided by the number of trustees on the high school board. In the
case of a first class district this number shall be seven (7), for a second class
district five (5), and for a third class district three (3). This figure obtained
shall then be divided into the remaining valuation of the high school district,
and the resulting number, to the closest whole number, shall be the number
of additional board members to be elected ; provided, that the number of
these additional board members shall not exceed four (4) in districts of
the first and second class. The additional board members in school districts
of the third class shall not exceed two (2) except when two thirds (2/3)
or more of the high school enrollment in the high school district resides in
the common school districts not maintaining the high school and such com-
mon school districts also contain at least two-thirds (2/3) of the taxable
valuation of the high school district when three (3) additional trustees
shall be elected from the common school districts not maintaining the high
school and one (1) additional trustee shall be elected at large in the high
school district.
(a) Following the determination of the number of additional board
members to be elected, excluding the trustee at large, the county super-
intendent of schools shall district the territory of the high school district,
excluding the common school district wherein the high school is located,
into a number of trustee nominating districts equal to the number of addi-
tional board members to be elected, and each trustee nominating district so
established shall be entitled to one (1) member on the board of trustees of
the high school.
The additional trustee to be elected at large shall be placed in a trustee
nominating district encompassing the entire high school district including
the common school district wherein the high school district is located. Such
trustee at large nominating district shall not preclude the creation of other
additional trustee nominating districts as herein provided.
The election of the additional trustees shall be held on the first Sat-
urday in April of every year to fill the expired terms of such additional
trustees, and the term of office of such additional trustees after the first
election of such trustees shall be for three (3) years. The term of office of
the trustee at large shall be three (3) years.
The additional trustees so elected shall be residents of the respective
trustee nominating districts established by the county superintendent of
schools, and shall meet the general qualifications for school district trustees
provided by section 75-1601, Revised Codes of Montana, 1947.
390
SCHOOLS 75-4601
At the first election the additional trustees elected from the trustee
nominating districts established by the county superintendent of schools,
if there be more than one (1), shall cast lots to determine the length of
time each shall hold office. If there is one (1) additional trustee, he shall
hold office for three (3) years. If there are two (2) additional trustees, one
(1) shall hold office for three (3) years and one (1) for two (2) years. If
there are three (3) additional trustees, one (1) shall hold office for three
(3) years, one (1) for two (2) years and one fl) for one (1) year. If there
are four (4) additional trustees, two (2) shall hold office for three (3) years,
one (1) for two (2) years and one (1) for one (1) year.
The procedure for calling and holding elections, and for the assumption
of office, for the school district wherein the high school is located shall
govern the election of the additional trustees herein provided for.
At least twenty (20) days preceding the election, any ten (10) electors
of a trustee nominating district established as provided for in this act, who
are qualified to vote in the election for such additional trustee, shall file
with the district clerk of the school district wherein the high school is lo-
cated the nomination of any qualified person to be a candidate for such
trustee from such nominating district. Ballots for the election of such addi-
tional trustees shall be prepared in the same form and manner as ballots
are prepared for other trustees, providing that such ballots for additional
trustees shall show clearly the trustee nominating district from which each
nominee is a candidate.
Any qualified elector of a nominating district, excluding the district
where the high school is located, may vote for the additional trustees so
nominated, at the time and place of the annual election of school trustees
in the common school district in which he is entitled to vote, provided that
each elector may vote only for such additional trustee from the trustee
nominating district in which he is a qualified elector.
A vacancy in the office of additional trustee shall be filled by appoint-
ment by the county superintendent of schools; provided, that such ap-
pointment shall be subject to confirmation by a majority of the remaining
members of the high school district board including the additional members.
The trustee so appointed shall hold office until the next annual election, at
which election there shall be elected a trustee from the same nominating
district for the unexpired term.
(b) The additional members elected to the board of trustees of dis-
tricts maintaining high schools, shall take office immediately after qualify-
ing and shall participate on an equal basis with other members in all
business transacted by the board of trustees pertaining to the high school
maintained by said districts. Said additional elected members shall be
entitled to vote on the selection of the district superintendent of schools.
To effectuate the purpose of this act, the board of trustees of any
high school district, as herein provided for» is hereby authorized to under-
take a program of public works in the construction, improvement or
repair of buildings, furnishing and equipping the same and purchasing
the necessary land therefor, for the use of any or all high schools in such
high school district, and to accept funds from the United States, its
391
75-4602 ELECTION LAWS
instrumentalities or any of its agencies in aid of any one or more of such
purposes. Such proceedings may be commenced by resolution upon the
part of such board of trustees of such high school district of its own motion
and without any petition being filed therefor, such proceedings may also
be commenced on petition of thirty per cent (30%) of the qualified electors
of the high school district. Upon presentation of this petition to the high
school district board of trustees, the latter shall, within sixty (60) days
take steps to present the matter asked for in the petition to a vote of the
people of the high school district.
(c) When the board of trustees of a high school district, who have
qualified for their positions as such board of trustees under the provisions
herein provided, shall find it necessary to temporarily move the site of
the schoolhouse to another common school district within the high school
district due to the destruction of the school building by fire, flood, storm,
riot, insurrection or other act of God, such board of trustees shall continue
to hold office for one (1) year after such schoolhouse relocation unless the
schoolhouse is moved back to the common school district where it was
originally located.
History: En. Sec. 1, Ch. 275, L. 1947; amd. Sec. 1, Ch. 166, L. 1965; amd. Sec. 1,
amd. Sec. 1, Ch. 188, L. 1951; amd. Sec, Ch. 214, L. 1965; amd. Sec. 1, Ch. 311, L.
1, Ch. 67, L. 1957; amd. Sec. 1, Ch. 167, 1967.
L. 1959; amd. Sec. 1, Ch. 222, L. 1963;
75-4602. Commission may divide county into high school districts.
In all counties having a high school, or high schools, a commission con-
sisting of the county commissioners and the county superintendent of
schools shall at the request of any high school board of trustees in the
county, divide the entire county into and establish one (1) or more high
school districts for the purpose of this act, after hearing; provided, that
each high school district so formed must have one (1) or more operating,
accredited high schools within its boundaries; provided, further, that both
parts of a joint district maintaining a high school may be considered as
maintaining an operating high school, and as such each part of the joint
district may, together with one (1) or more adjacent common school dis-
tricts whose pupils attend the high school in the joint district, be set
aside as a high school district. Provided, that, such resulting high school
district in the county where the joint district high school is not located,
shall be responsible for its share of the joint district high school budgets
as is arrived at by following the procedure outlined in section 6 [75-4534]
of this act, and shall also be considered as a single high school district
with the high school district of the joint district, wherein the high school
is located for purposes of bonding as provided in sections 75-4601 to 75-4605,
Revised Codes of Montana, 1947, as amended by chapter 188, Laws of
1951, and also for purposes of selecting additional trustees as provided
for in section 75-4601, Revised Codes of Montana, 1947, as amended by
chapter 188, Laws of 1951. That the commission shall fix the time, date
and place, and at such time, date and place hold a public hearing of the
requested division of the county into high school districts, at which hear-
ing any interested person may appear and be heard concerning the re-
quested division. Written notice of such hearing shall be mailed by the
392
SCHOOLS 75-4602
county superintendent of schools to the chairman of each and every board
of trustees of each and every school district in the county, and the chair-
man of the boafd of trustees of the county high school, stating the time,
date and place of such public hearing, and shall be mailed not less than
two (2) weeks preceding the date fixed for such hearing. The certificate
of the county superintendent of schools filed with the commission reciting
that said notices were mailed shall be conclusive.
The boundaries established by said commission shall be subject to the
approval of the superintendent of public instruction.
If any high school district shall cease to have within its borders an
operating, accredited high school, then it shall be the duty of the county
superintendent of schools to consolidate and annex the common school
districts comprising said high school district to one or more operating
high school districts within a period of six (6) months after one (1) year
of being declared non-operating or non-accredited ; provided, that before
said county superintendent of schools may declare such a consolidation
and annexation, he shall give the board of trustees of each of the common
school districts within said high school district proposed to be consolidated
and annexed twenty (20) days' notice of his intention so to do.
In creating such districts the commission shall give primary considera-
tion to the factor of convenience of the patrons of the several schools.
Common school districts may be grouped for the purpose of this act and
when practicable high school districts shall be made up of contiguous and
adjacent common school districts but the commission must take into
consideration the existence or non-existence of obstacles of travel, such
as mountains and rivers and existence or non-existence of highways and
distances to high school. No common school districts shall be divided for
the purpose of this act but must be made a part of a high school district
in its entirety, unless such division is approved and authorized by the
voters of the common school district involved, at a special election held
for that purpose and such division shall be on the basis of equal area, or
as near thereto as practicable in relation to the geographical features of
such district, provided that the entire portion of a joint school district
within the county shall be included within a high school district, provided
further that in the event twenty per cent (20%) of the voters of a com-
mon school district be dissatisfied with the proposed action of said com-
mission in dividing into and establishing high school districts, or in the
proposed action of the county superintendent in consolidating and annex-
ing a common school district theretofore constituting a part of a high school
district to an existing high school district, and shall within thirty (30) days
after the giving of the notice heretofore required, file their written protest
with said county superintendent, then said common school district or dis-
tricts shall be by said county superintendent, or by said commission as
the case may be, directed to hold a special election for the purpose of de-
termining which high school district said district shall be annexed to or
into which high school district said district shall be divided as hereinbefore
provided, and the said superintendent or commission, as the case may be,
shall be governed by the result of said election.
393
75-4607 ELECTION LAWS
History: En. Sec. 2, Ch. 275, L. 1947; 1, Ch. 237, L. 1953; amd. Sec. 1, Ch. 236,
amd. Sec. 2, Oh. 188, L. 1951; amd. Sec. L. 1966; amd. Sec. 9, Ch. 151, L. 1961.
75-4607. Alteration of boundaries — redivision — limitation. In any
county which has been divided into high school building districts, at the
request of any high school board of trustees, the commission, provided for
in section 75-4602, may, in accord with the procedure provided in said
section, alter the boundaries of said districts or redivide the county into a
different number of high school districts, provided that such alteration or
redivision may not be done within one (1) year from the original division
or the last alteration of boundaries and last redivision.
History: En. Sec. 1, Ch. 130, L. 1949;
amd. Sec. 1, Ch. 120, L. 1953; amd. Sec.
1, Ch. 140, L. 1965.
76-4609. Special tax levy — election. Whenever the board of trus-
tees of the local school district within which the high school is situated
shall deem it necessary to raise money for high school purposes in addi-
tion to its revenues from county and state apportionments, a meeting of
the board of trustees of the high school district shall be called and held
to consider the calling of an election to vote upon the question of approving
a special levy for high school purposes. If a majority of the board of
trustees, as provided in section 75-4601, Revised Codes of Montana, 1947,
as amended by section 1, chapter 167, Session Laws of Montana, 1959, of
the high school district attending such meeting shall determine that the
proposed expenditures are necessary for the purposes of, altering, repair-
ing or enlarging any high school or high schools of said district or for
proper maintenance and operation of the high schools of said district or
for acquisition of land for high school purposes, said trustees of the high
school district shall ascertain and determine the number of mills required
to be raised by special levy, and shall call an election for the purpose of
submitting the question of making such additional levy to the qualified
electors who are taxpayers upon property within the high school district,
and if approved by a majority vote of all the taxpayers voting at such
election, the result of said election shall be certified to the board of county
commissioners, and the levy approved by such majority vote shall be made
upon all property within said high school district.
History: En. Sec. 3, Ch. 130, L. 1949; 1, Ch. 147, L. 1959; amd. Sec. 1, Ch. 163,
amd. Sec. 1, Ch. 120, L. 1953; amd. Sec. L. 1961.
75-4610. Notice and conduct of election. Notice of such election shall
be given and said election shall be held and conducted in all respects
in the manner provided by sections 75-3802, 75-3803, 75-3804, 75-3805. Said
election shall be conducted by judges and clerks of election appointed by
the high school board of trustees from the residents of each respective
common school district within the high school district in which the board
determines what polling places shall be provided ; provided that convenience
to voters shall be a determining factor in selecting these polling places.
History: En. Sec. 4, Ch. 130, L. 1949;
amd. Sec. 1, Ch. 120, L. 1953.
394
TAXATION 84-4704
75-4611. Approval of tax — other special levies not submitted. In the
event such additional levy is approved by a majority vote of all of the tax-
payers voting at said election, no other special tax for the operation and
maintenance of the high school may in the same year be submitted to a vote
of the taxpayers within the local school district wherein such high school
is situated.
History: En. Sec. 5, Ch. 130, L. 1949;
amd. Sec. 1, Ch. 120, L. 1953.
TITLE 82
STATE OFFICERS, BOARDS AND DEPARTMENTS
CHAPTER 5
CLERK OF SUPREME COURT
Section 82-501. Election and term of office.
82-501. (370) Election and term of office. There must be a clerk of
the supreme court, who must be elected by the electors at large of the state,
and hold his office for the term of six years from the first Monday of Janu-
ary next succeeding his election, except that the clerk first elected under
the constitution holds his office only until the general election in the year
one thousand eight hundred and ninety-two, and until his successor is
elected and qualified.
History: En. Sec. 870, Pol. C. 1895; re-
en. Sec. 299, Rev. C. 1907; re-en. Sec. 370,
R. C. M. 1921. Cal. Pol. C. Sees. 749-758.
TITLE 84
TAXATION
CHAPTER 47
CITIES AND TOWNS— TAXATION AND LICENSE
Section 84-4704. Expenditures from special fund, when — purpose — approval of electors,
when.
84-4706. Cities and towns may rai^e money by taxation in excess of levy now
permitted, how.
84-4707. Notice of election.
84-4708. Submission of question to state object of levy — use of funds — balance.
84-4709. Separate ballots when levy for more than one purpose — form of ballot
and marking — conduct of election.
84-4710. Registration of electors.
84-4711. Qualifications for voting on creation or increasing municipal or school
indebtedness.
84-4704. Expenditures from special fund, when — purpose — approval of
electors, when. No expenditures for any purpose- whatever shall be made
from such special street fund until after April 1, 1947. The city or town
council or commission of any city or town having such fund may there-
395
84-4706 ELECTION LAWS
after provide for the expenditure thereof for the purpose of constructing,
improving, repairing and maintaining the public streets, avenues, alleys,
and ways of the city or town ; provided that no expenditure in excess of
ten thousand dollars ($10,000.00) for any single purpose as defined in sec-
tion 16-2009, shall be made from such fund without the approval of a ma-
jority of the electors of the city or town voting on the question of such
expenditure at an election to be provided by law.
History: En. Sec. 3, Ch. 172, L. 1945;
amd. Sec. 1, Ch. 107, L. 1947.
84-4706. (5195) Cities and towns may raise money by taxation in ex-
cess of levy now permitted, how. AVhenever the council of any city or
town shall deem it necessary to raise money by taxation, in excess of the
levy now allowed by law, for any purpose for which said city or town is
authorized to expend moneys raised bj' 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 tax-paying 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.
History: En. Sec. 1, Ch. 12, L. 1919; Cross-Reference
re-en. Sec. 5195, R. C. M. 1921. Constitutional provisions, see Const., Art,
XIII, Sec. 6.
84-4707. (5196) Notice of election. Where the question of making such
additional levy is so submitted, notice thereof shall be given by publication
for at least thirty days prior to such election in every newspaper published
in said city or town, and by posting a like notice for the same period of
time in a public place in each ward of said city or town.
History: En. Sec. 2, Ch. 12, L. 1919;
re-en. Sec. 5196, R. C. M. 1921.
84-4708. (5197) Submission of question to state object of levy — use of
funds — balance. The submission of said question shall expressly provide
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 pur-
pose for which said levy was made has been accomplished, such balance
may, by vote of the council, be transferred to any other fund of said city
or town.
History: En. Sec. 3, Ch. 12, L. 1919;
re-en. Sec. 5197, R. C. M. 1921.
84-4709. (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 pur-
pose, such propositions 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 lev}^ of (here insert the number) mills
taxes in addition to the regular levy now authorized by law for the purpose
of (here insert the purpose for which the additional levy is to be made.)
396
TAXATION 84-4711
D
Against Additional Levy
n
For Additional Levy.
The voters shall mark the ballot or ballots in tlic 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 elec-
tions. 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.
History: En. Sec. 4, Ch. 12, L. 1919;
re-en. Sec. 5198, R. C. M. 1921.
84-4710. (5199) Reg^tration of electors. The council may provide by
ordinance for the registration of qualified electors who are tax-paying free-
holders 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.
History: En. Sec. 5, Ch. 12, L. 1919;
re-en. Sec. 5199, R. C. M. 1921.
84-4711. (5199.1) Qualifications for voting on creation or increasing
municipal or school indebtedness. 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
preceding assessment roll shall be entitled to vote upon any proposal to
create or increase any indebtedness of city, town, school district or other
municipal corporation, required by law to be submitted to a vote of the
electors thereof; provided however, that no such elector, otherwise quali-
fied hereunder, shall be denied the right to vote by reason of the fact that
the polling place for a general election for the precinct wherein he resides
and is entitled to vote, lies within another city, town, school district or
other municipal corporation.
History: En. Sec. 1, Ch. 98, L. 1923;
amd. Sec. 1, Ch. 47, L. 1929; amd. Sec.
1, Ch. 126, L. 1959.
TITLE 89
WATERS AND IRRIGATION
CHAPTER 13
IRRIGATION DISTRICTS— BOARD OF COMMISSIONERS, POWERS, DUTIES
AND ELECTIONS
Section 89-1302. Creation of election precincts — change in divisions and election pre-
cincts.
89-1303. First election of commissioners — regular election — term of office.
397
89-1302 ELECTION LAWS
89-1304. Vacancies among commissioners, how filled.
89-1305. Notice of election and appointment of election officers.
89-1306. Oaths of election officers.
89-1307. Hours of election.
89-1308. Conduct of election.
89-1309. Canvass.
89-1310. Statement of result of election.
89-1311. Qualification of electors — voting rights, how determined.
89-1312. Nominations.
89-1313. Special elections.
89-1302, (7175) Creation of election precincts — change in divisions and
election precincts. The board of commissioners shall, within six months
after the organization of the district, divide the district into one or more
election precincts.
Said board, when they deem it advisable for the best interests of the
district and the convenience of the electors thereof, may, at any time, but
not less than thirty days before any election to be held in the district,
change the boundaries of the divisions and election precincts of the district ;
provided, that such action of the board, to be effective, shall be approved
by the district court; and provided, also, that in making such changes the
several divisions of the district shall be kept as nearly equal in area and
population as practicable.
Such division into election precincts, and such change of boundaries of
the divisions or election precincts, shall be made by resolution or order of
the board, to be recorded in the minutes of the board, together with the
order of the district court approving the same, and certified copy of the
same shall be filed in the office of the county clerk and recorder in each
county in which any of the lands of the district are situated.
History: En. Sec. 10, Ch. 146, L. 1909;
re-en. Sec. 7175, R. C. M. 1921.
89-1303. (7176) First election of commissioners — regular election —
term of office. The regular election for commissioners in each district shall
be held annually on the first Saturday in April of each year; and on the
third Saturday in April following their election the commissioners shall
meet and organize as a board by electing a president from their number and
a secretary, who may or may not be a commissioner, and who shall each hold
office during the pleasure of the board. The term of office of each commis-
sioner shall begin on the third Saturday in April after the regular election
and shall continue for three years and until the election and qualification of
his successor. Commissioners are elected by the electors of the entire dis-
trict. At the regular election for commissioners held in April, 1921, there
shall be elected one commissioner for the first division of each district who
shall hold his office for the term of one year, one commissioner for the
second division of each district who shall hold his office for the term of two
years, and one commissioner for the third division of each district who shall
hold his office for the term of three years; and if there be five divisions in
a district one commissioner shall be elected for the fourth division who shall
hold his office for two years, and one commissioner shall be elected for the
fifth division who shall hold his office for three years; and if there be
seven divisions in a district one commissioner shall be elected for the sixth
398
WATERS AND IRRIGATION 89-1306
division who shall hold his office for two years, and one commissioner shall
be elected for the seventh division who shall hold his office for three years;
provided, however, that this act shall not be construed to extend the term
of any commissioner heretofore elected or appointed in any district.
History: En. Sec. 11, Ch. 146. L. 1909; Ch. 3, L. 1921; amd. Sec. 1, Ch. 7, Ex. L.
amd. Sec. 4, Ch. 153, L. 1917; amd. Sec. 1, 1921; re-en. Sec. 7176, R. C. M. 1921.
89-1304. (7177) Vacancies among commissioners, how filled. In case
of a vacancy in the board of commissioners, from any cause, such vacancy
shall be filled for the remainder of the term by appointment by the judge
of the district court of the county in which the division or major portion
thereof is situated. The appointee shall be an owner of land within the
district and shall be a resident of the county in which the division of the
district, or some portion thereof for which such commissioner so elected,
is situated, and shall hold office until his successor is elected and qualified.
History: En. Sec. 12, Ch. 146, L. 1909;
re-en. Sec. 7177, R. C. M. 1921; amd. Sec.
5, Ch. 157, L. 1923.
89-1305. (7178) Notice of election and appointment of election oflScers.
Fifteen days before any election held under this act, the secretary of the
board of commissioners shall post notices in three public places in each
election precinct, of the time and places of holding the election, and shall
also post a notice of the same in the office of said board. Prior to the
time for posting notices, the board, by a resolution or order entered on
their records, shall designate the house or place Avithin each precinct where
the election shall be held, and shall appoint for each precinct, from the
electors thereof, three judges, who shall constitute a board of election for
such precinct. Said judges shall appoint one of their number to act as
clerk. If the board fail to appoint a board of election, or the members
appointed do not attend at the opening of the polls on the morning of
election, the electors of the precinct present at that hour may appoint the
board, or supply the place of an absent member thereof. The board shall
prescribe the forms, and provide for the printing and distribution of the
ballots for all elections held under this act.
History: En. Sec. 13, Ch. 146, L. 1909;
re-en. Sec. 7178, R. C. M. 1921.
89-1306. (7179) Oaths of election oflScers. The judges may admin-
ister all oaths required in the progress of an election, and appoint judges
and clerks, if, during the progress of election, any judge or clerk shall
cease to act. Any member of the board of election may administer and
certify oaths required to be administered during the progress of an elec-
tion. Before opening the polls, each member of the board must take and
subscribe an oath faithfully to perfo/m the duties imposed upon him by
law. Any elector of the precinct may administer and certify any such oath.
History: En. Sec. 14, Ch. 146, L. 1909;
re-en. Sec. 7179, R. C. M. 1921.
399
89-1307 ELECTION LAWS
89-1307. (7180) Hours of election. The polls shall be opened at one
o'clock P. M., and be kept open until six o'clock P. M., when the same shall
be closed.
History: En. Sec. 15, Ch. 146, L. 1909;
re-en. Sec. 7180, R. C. M. 1921; amd. Sec.
1, Ch. 164, L. 1947.
89-1308. (7181) Conduct of election. Voting may commence as soon
as the polls are opened and may continue during all the time the polls
remain opened, and such election shall be conducted, except as herein
otherwise provided, as nearly as practicable in accordance with the pro-
visions of the general election laws of this state, except that no registra-
tion shall be required. As soon as all the votes are counted, a certificate
shall be drawn upon each of the papers containing the poll-list and tallies,
or attached thereto, stating the number of votes cast for each candidate
or for each proposition, and designating the office or proposition voted for,
which number shall be written ,in figures and in words at full length.
Each certificate shall be signed by the clerk and judges. One of said cer-
tificates, with the poll-list and tally-paper to which it is attached, shall be
retained by one of the judges, and preserved by him at least six months.
The ballots shall be strung upon a cord or thread by the judge during
the counting thereof, in the order in which they were entered upon the
tally-list by the clerk; and said ballots, together with the other of said
certificates, with the poll-list and tally-paper to which it is attached, shall
be sealed by the judges and clerk, and indorsed, "Election returns of
(naming the precinct) precinct," and be directed to the secretary of the
board of commissioners of said district, and shall be immediately delivered
by the judges, or some other safe and responsible carrier designated by
said judges, to said secretary, and the ballots shall be kept by the board
of commissioners in the same manner as ballots in other elections.
History: En. Sec. 16, Ch. 146, L. 1909;
re-en. Sec. 7181, R. C. M. 1921.
89-1309. (7182) Canvass. No list, tally-paper, or certificate returned
from any election shall be set aside or rejected merely for want of form,
if it can be satisfactorily understood. The board of commissioners of the
district shall meet on the first Monday after the election to canvass the
returns. If, at the time of the meeting, the returns from each precinct
in the district in which the polls were opened have been received, the
board shall then and tliere proceed to canvass the returns thereof; but
if all the returns have not been received, the canvass shall be postponed
from day to day until all the returns have been received. The canvass
must be made in public. The board shall declare elected the person receiv-
ing the highest number of votes so returned for each office, and also declare
the result of the vote on any question submitted.
History: En. Sec. 17, Ch. 146, L. 1909;
re-en. Sec. 7182, R. C. M. 1921.
89-1310. (7183) Statement of result of election. The secretary of the
board of commissioners shall, as soon as the result of any election held
under the provisions of this chapter is declared, enter in the records of
400
WATERS AND IRRIGATION 89-1311
such board, and file with the county clerk of the county in which the office
of said district is located, a statement of such results, which statement
must show :
1. A copy of the election notice and proof of posting the same;
2. The names of the judges and clerks of said election ;
3. The whole number of votes cast in the district, and in each precinct
of the district ;
4. The names of the persons voted for;
5. The office to fill which each person was voted for;
6. The number of votes given in each precinct for each of such persons;
7. The number of votes given in the district for each of such persons;
8. The names of the persons declared elected ;
9. The proposition or propositions submitted, the vote for and against
each, and the result of the vote thereon.
The secretary shall immediately make out and deliver to each person
elected a certificate of election, signed by him and authenticated with the
seal of the district.
History: En. Sec. 18, Ch. 146, L. 1909;
re-en. Sec. 7183, R. C. M. 1921.
89-1311. (7184) Qualification of electors — voting rights, how deter-
mined. At all elections held under the provisions of this act, except as
herein otherwise expressly provided, the following holders of title, or
evidence of title, to lands within the district, herein designated electors,
shall be entitled to vote :
1. All persons having the qualifications of electors under the constitu-
tion and general and school laws of the state ;
2. Guardians, executors, administrators, and trustees residing in the
state ;
3. Domestic corporations, by their duly organized agents.
In all elections held under this act, each elector shall be permitted
to cast one vote for each forty acres of irrigable land, or major fraction
thereof, owned by such elector within the district, irrespective of the
location of such irrigable lands within the tracts designated by the com-
missioners for assessment and taxation purposes, or within congressional
subdivisions, platted lots or blocks, except as hereinafter provided for,
election precincts or district divisions, but any elector owning any less
than forty acres of irrigable land shall be entitled to one vote. Until
actual determination of the irrigable area under the plan of reclamation
proposed is had, all land included within the boundaries of the district
shall be deemed to be irrigable land for election purposes.
Where land is owned by co-owners, said owners may designate one
of their number, or an agent, to cast the vote for said owners, and one
vote only for each forty acres of irrigable land, or major fraction thereof,
shall be cast by said co-owner or agent. Where land is under contract
of sale to a purchaser residing within the state, such purchaser may vote
on behalf of the owner of said land. When voting, the agent of a corpora-
tion, or of co-owners, or the co-owner designated for purpose of voting,
401
89-1312 ELECTION LAWS
or the purchaser of land under contract of sale, as the case may be, shall
file with the secretary of the district, or with the election officials, a
written instrument of his authority, executed and acknowledged by the
proper officers of said corporation, or by said co-owners, or by the owner
of such land under contract of sale, as the case may be, and thereupon
such agent or co-owner, or purchaser, as the case may be, shall be deemed
an elector within the meaning of this act. Where the total irrigable acre-
age within any one district has been platted or subdivided into lots or
blocks to the extent of five per cent (5%) or more of the total acreage
of the district, each elector shall be permitted to cast one vote for each
one acre of irrigable land or major fraction thereof owned by such elector
within the district, irrespective of the location of such irrigable lands
within the tracts designated by the commissioners for the assessment
and taxation purposes or within the congressional subdivisions, but any
elector owning any less than one acre of irrigable land within said district
shall be entitled to one vote. The balloting shall take place in the fol-
lowing manner: Ten (10) votes or less, separate ballots will be used;
more than ten (10) votes, the elector shall vote in blocks of ten using
one ballot for each ten votes and separate ballots for odd votes over
multiples of ten. The election shall otherwise conform with the provisions
set out in section 89-1308 of this chapter. It shall be the duty of the
chairman of the commissioners, or such commissioner as he may delegate,
to determine before each election whether the provisions of this paragraph
are in force or whether the provisions heretofore set out shall apply.
History: En. Sec. 19, Ch. 146, L. 1909; 6, Ch. 157, L. 1923; amd. Sec. 1, Oh. 164,
re-en. Sec. 7184, R. C. M. 1921; amd. Sec. L. 1953.
89-1312. (7185) Nominations. Candidates for the office of commis-
.sioner to be filled by election under the provisions of this act may be
nominated by petition filed with the secretary of the board of commis-
sioners of the district at least ten days prior to said election, and signed
by not less than five electors of the district, such petition shall specify
the respective divisions for which such nominees, respectively, are candi-
dates ; and the names of all candidates for each division of the district
shall be printed on the same ballot.
If no nominations are made, the electors of the district shall write
on the ballots the names of the persons for whom they desire to vote for
commissioners ; provided, nothing herein contained shall prevent an elector
from voting for any qualified person, although the name does not appear
upon the official ballots.
History: En. Sec. 20, Ch. 146, L. 1909;
re-en. Sec. 7185, E. 0. M. 1921.
89-1313. (7186) Special elections. The board of commissioners may
at any time call a special election, and submit to the qualified electors
of the district any question which under the provisions of this act is re-
quired, or which, in the judgment of the board, is proper to be submitted
to popular vote. Such election shall be called, noticed, and conducted,
and the result thereof determined and declared, in the manner provided
in this act relative to general district elections; provided, however, that
402
WATERS AND IRRIGATION 89-2302
the notice thereof shall, in addition to being posted, also be published
at least once, not less than ten days prior to the date of the election, in
some newspaper published in the county in which the oflBce of the board
of commissioners of the district is located.
History: En. Sec. 21, Cai. 146, L. 1909;
re-en. Sec. 7186, R. C. M. 1921.
CHAPTER 23
DRAINAGE DISTRICTS— COMMISSIONERS— ELECTION— ORGANIZATION-
REPORTS
Section 89-2301. Term of commissioners.
89-2302. Election of commissioners — terms of oflSce.
89-2303. Notice of election.
89-2304. Manner of conducting election.
89-2305. Qualifications of electors.
89-2306. Nomination of commissioners — voting.
89-2301. (7282) Term of commissioners. On the creation of a district,
the commissioners appointed by the judge or court shall hold office until
the first Tuesday in May following their appointment, and until their
successors are elected. When a district is in existence on the date when
this act takes effect and thereafter and order is made dividing such district
into divisions the terms of office of such commissioners shall cease with the
Monday immediately preceding the first Tuesday in May next following.
History: En. Sec. 18, Ch. 129, L. 1921;
re-eu. Sec. 7282, B. C. M. 1921; amd. Sec.
2, Ch. 50, L. 1925.
89-2302. (7283) Election of commissioners — terms of office. The regu-
lar election of commissioners shall be held annually on the first Tuesday in
April of each year ; the term of office of commissioners shall commence on
the first Tuesday in May following their election. At the first regular elec-
tion following the organization of a district, and in districts heretofore
organized and in existence on the date when this act takes effect and which,
on petition, has been divided into divisions, as hereinbefore provided, at the
first regular election following the date of the order making such division,
there shall be elected three commissioners, one commissioner being elected
from each division of which he must be an actual landowner and resident
of the county or counties; one of such commissioners, to be determined by
lot, shall hold office until the first Tuesday in May in the year following his
election, another of such commissioners, to be determined by lot, shall hold
office until the first Tuesday in May in the second year following his
election, and the third of such commissioners shall hold office until the first
Tuesday in May in the third year following his election ; thereafter one
commissioner shall be elected each year who shall hold office for a term
of three years and until his successor is elected and qualified ; provided
that the person elected as a commissioner in each year to succeed the
commissioner whose term is then expiring must be elected as a commis-
sioner from the same division as the commissioner whom he is to succeed.
History: En. Sec. 19, Ch. 129, L. 1921;
re-en. Sec. 7283, E. C. M. 1921; amd. Sec.
3, Ch. 50, L. 1925.
408
89-2303 ELECTION LAWS
89-2303. (7283.1) Notice of election. Fifteen days before any regular
election, the secretary of the board of commissioners shall give notice by
mail to all landowners within the district of the time and place of holding
the election. Prior to the mailing of such notices the board must, by
resolution, designate a polling place and appoint three persons to act as
judges and clerks of election in each precinct. The board shall prescribe
tiie form and provide for the printing of the ballots for all elections.
History: En. as Sec. 7283 A, by Sec. 4,
Ch. 50, L. 1925.
89-2304. (7283.2) MaJiifer of conducting election. Any judge of elec-
tion may administer any oath required to be administered during the
progress of an election. Before the opening of the polls the judges of
election must take and subscribe an oath to faithfully perform the duties
imposed upon them by law, and such oath may be administered by any
elector. The polls shall open at 12 o'clock noon and be kept open until
5 o'clock P. M. when the same shall be closed. Such elections shall be con-
ducted, except as herein otherwise provided, as nearly as practicable in
accordance with the provisions of ^he general election laws of the state,
except that no registration shall be required. As soon as the polls are
closed the judges shall count and tabulate the votes cast and make out a
certificate, to be signed by them, showing the total number of votes cast
at the election and the total number cast for each candidate for commis-
sioner, and shall deliver such certificate, with a list of the electors voting
at such election to the board of commissioners, and such board of commis-
sioners shall meet on the first Monday following such election and canvass
such returns. The board shall declare elected the person or persons, receiv-
ing the highest number of votes. The clerk of the board of directors shall
enter the result of such canvass in the minutes of the board and file with
the clerk of the district court creating the district a statement showing the
names of the persons elected as commissioners, the names of the commis-
sioners whose term will expire on the first Tuesday in May following, and
the names of all of the persons who will compose the board of directors for
the year next following the said first Tuesday in May.
History: En. as Sec. 7283 B, by Sec. 4,
Ch. 50, L. 1925.
89-2305. (7283.3) Qualifications of electors. At all such elections,
except as herein otherwise expressly provided, the following persons hold-
ing title, or evidence of title to lands within the district shall be entitled
to vote: (1) All of the persons having the qualifications of electors under
the constitution and general laws of the state; (2) Guardians, adminis-
trators, executors and trustees residing in the state; (3) Domestic corpo-
rations by their duly authorized agents. In all elections each elector shall
be permitted to cast one vote for each forty acres of land, or major frac-
tion thereof in the district owned by such elector, but any elector owning
twenty acres or less shall be entitled to one vote.
History: En. as. Sec. 7283 C, by Sec. 4,
Cb. 50, L. 1925.
404
WATERS AND IRRIGATION 89-3312
89-2306, (7283.4) Nomination of commissioners — voting. Candidates
for the office of commissioner to be filled by election under the provisions
of this act, may be nominated by petition filed with the secretary of the
board of commissioners at least ten days prior to date of holding the election
and signed by at least five electors of the district. If no nominations are
made the electors of the district shall write on the ballots the name or
names of the persons for whom they desire to vote, provided that nothing
herein contained shall prevent an elector from voting for any qualified
person, although the name does not appear on the official ballot.
History: En. as Sec. 7283 D, by Sec. 4,
Cai. 50, K 1925.
CHAPTER 33
COUNTY AND MUNICIPAL PARTICIPATION IN
FLOOD CONTROL AND WATER CONSERVATION
Section 89-3312. Indebtedness and bonds — bond election — tax levy to pay indebted-
ness.
89-3312. Indebtedness and bonds — bond election — tax levy to pay in-
debtedness. Cities, toAvns and counties are hereby authorized to contract
indebtedness and to issue general obligation bonds to provide funds for
the payment of the cost of improvements contemplated by this act by
following the following procedures :
The governing body of the city, town or county may call a special elec-
tion to vote upon the proposition of issuing said bonds or may submit the
proposition as a special question at a regular municipal or general election.
The notice of the election and the election itself shall be carried out in ac-
cordance with sections 11-2301 through 11-2330, Revised Codes of Montana,
1947, as amended, as to cities, and in accordance with sections 16-2002
through 16-2050, Revised Codes of Montana, 1947, as amended, as to the
counties.
Taxes for the payment of said bonds shall be levied in accordance with
sections 11-2301 through 11-2330 and sections 16-2002 through 16-2050, Re-
vised Codes of Montana, 1947, as amended, as to cities and counties, re-
spectively. The indebtedness incurred for the purposes herein provided shall
not be considered an indebtedness for general or ordinary purposes and
shall not be charged against or counted as part of the levies available for
general or ordinary purposes.
History: En. Sec. 12, Ch. 272, L. 1966.
TITLE 93
CIVIL PROCEDURE
CHAPTER 2
SUPREME COUBT
Section 93-201. Justices — number increased to five — election and term of office.
93-202. Term of office and designation of first additional justice.
93-203. Term of office and designation of second additional justice.
93-208. Computation of years of office.
405
93-201 ELECTION LAWS
93-209. Vacancies.
93-219. Judge becoming candidate for elective office — resigning of supreme
court office — exceptions — vacancy.
93-220. Filling vacancy.
93-201. (8790) Justices — ^number increased to five — election and term
of ofBoe. On and after September 1, 1919, the supreme court shall consist
of a chief justice and four associate justices, who shall be elected by the
qualified electors of the state at large at the general state elections next
preceding the expiration of the terms of office of their predecessors, re-
spectively, and shall hold their offices for the term of six years from and
after the first Monday of January next succeeding their election.
History: En. Sec, 12, 0. Oiv. Proc. 1895; Ch. 31, Ex. L. 1919; re-en. Sec. 8790, R. C.
re-en. Sec. 6244, Bev. O 1907; amd. Sec. 1, M. 1921. Cal. C. Civ. Proc. Sec. 40.
93-202. (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.
History: En. Sec. 2, Cb. 31, Ex. L. 1919;
re-en. Sec. 8791, R. 0. M. 1921.
93-203. (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 additional
justice of the supreme court, and he shall hold office for said term.
History: En. Sec. 3, Ch. 31, Ex. L. 1919;
re-en. Sec. 8792, R. C. M. 1921.
93-208. (8797) Computation of years of office. The years during which
a justice of the supreme court is to hold office are to be computed respec-
tively 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.
History: En. Sec. 13, C. Civ. Proc. 1895; 8797, R. C. M. 1921. Cal. C. Civ. Proc. Sec.
re-en. Sec. 6245, Rev. C. 1907; re-en. Sec. 41.
93-209. (8798) Vacancies. If a vacancy occur in the office of a justice
of the supreme court, the governor must appoint an eligible person to hold
the office until the election and qualification of a justice to fill the vacancy,
which election must take place at the next succeeding general election; and
the justice so elected holds the office for the remainder of the unexpired
term of his predecessor.
History: En. Sec. 14, C. Civ. Proc. 1895; 8798, R. C. M. 1921. Cal. C. Oiv. Proc. Sec.
re-en. Sec. 6246, Rev. C. 1907; re-en. Sec. 42.
93-219. Judge becoming candidate for elective office — resigning of su-
preme court office — exceptions — vacancy. Whenever any person holding or
occupying the office of chief justice or associate justice on the supreme court
406
CIVIL PROCEDURE 93-301
of the state of Montana shall become a candidate for election to any elec-
tive office under the laws of/or in the state of Montana, such person shall
forthwith, and in any event at or before the time required for such person
to file as a candidate for such office at any primary or special or general
election, resign said office of chief justice or associate justice of said su-
preme court except where such person is a bona fide candidate for re-elec-
tion to the identical office then held or occupied by him or for another non-
partisan judicial office the term of which shall commence not earlier than
the end of the term of the office then held or occupied by such justice and
said resignation shall become effective forthwith on delivery of the same
to the proper officer or superior, and in the event of failure so to resign
said office of chief justice or associate justice of said supreme court or of
district judge of any of said district courts the same shall, ipso facto, be-
come wholly vacant and unoccupied and the said former holder or occu-
pant shall have no further right, power, or authority therein for any pur-
pose, and no right to any emoluments thereof, notwithstanding the fact
that a successor is not appointed or elected ; and said vacancy shall become
operative to deprive any person of the emoluments of said office then
held in order to carry out the policy of this act.
History: En. Sec. 1, Ch. 139, L. 1957.
93-220. Filling vacancy. In all cases the proper appointing or other
power shall promptly fill all vacancies occurring because of the provisions
of this act by appointment of competent and qualified persons according
to law.
History: En. Sec. 2, Ch. 139, L. 1957.
CHAPTER 3
DISTRICT COURTS
Section 93-301. Judicial districts defined.
93-301.1. Eighteenth judicial district created.
93-301.2. Sixth judicial district.
93-302. Number of judges.
93-309. Vacancies.
93-301. (8812) Judicial districts defined. In this state there are seven-
teen judicial districts, distributed as follows:
First district : Lewis and Clark and Broadwater counties.
Second district : Silver Bow comity.
Third district : Deer Lodge, Granite, and Powell counties.
Fourth district : Missoula, Mineral, Lake, Ravalli, and Sanders counties.
Fifth district: Beaverhead, Jefferson, and Madison counties.
Sixth district : Gallatin, Park, and Sweet Grass counties.
Seventh district : Dawson, McCone, Richland, and Wibaux counties.
Eighth district : Cascade and Chouteau counties.
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.
407
93-301.1 ELECTION LAWS
Thirteenth district: Yellowstone, Big Horn, Carbon, Stillwater, and
Treasure counties.
Fourteenth district : Meagher, Wheatland, Golden Valley, and Mussel-
shell counties.
Fifteenth district: Roosevelt, Daniels, and Sheridan counties.
Sixteenth district: Custer, Carter, Fallon, Prairie, Powder River, Gar-
field, and Rosebud counties.
Seventeenth district: Phillips and Valley counties.
History: En. Sec. 6256, Rev. C. 1907;
re-en. Sec. 8812, R. C. M. 1921; amd. Sec.
1, Ch. 91, L. 1929.
93-301.1. Eig-hteenth judicial district created. That there is hereby
created a new judicial district of the state of Montana, to be known as the
eighteenth judicial district of the state of Montana, and that the same
shall embrace and comprise the territory within the county of Gallatin
within the state of Montana, which after the passage of this act shall
constitute the eighteenth judicial district of the state of Montana.
History: En. Sec. 1, Ch. 80, L. 1947.
93-301.2. Sixth judicial district. That the sixth judicial district of the
state of Montana shall hereafter embrace the territory within the counties
of Park and Sweet Grass.
History: En. Sec. 2, Ch. 80, L. 1947.
93-302. (8813) Number of judges. In each judicial district there must
be the following number of judges of the district court, who must be
elected by the qualified voters of the district, and whose term of office
must be four (4) years, to wit : In the first, second, eleventh and sixteenth,
two judges each, in the thirteenth, eighth and fourth, three judges, and,
in all other districts, one judge each.
On or before April 1, 1963, the governor of this state shall designate
and appoint a judge of the fourth judicial district who shall hold office
until the general election to be held during the year 1964, and until his
successor is elected and qualified.
History: En. Sec. 1, p. 156, L. 1901; re- 1929; amd. Sec. 1, Ch. 18, L. 1955; amd.
en. Sec. 6264, Rev. C. 1907; re-en. Sec. Sec. 1, Ch. 91, L. 1957; amd. Sec. 1, Ch.
8813, R. C. M. 1921; amd. Sec. 2, Ch. 91, L. 161, L. 1959; amd. Sec. 1, Ch. 229, L. 1963.
93-309. (8820) Vacancies. If a vacancy occur in the office 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 liolds office for the remainder of the unexpired term.
History: En. Sec. 35, C. Civ. Proc. 1895; 8820, R. C. M. 1921. Cal. C. Civ. Proc. Sec.
re-en. Sec. 6269, Rev. C. 1907; re-en. Sec. 70.
408
CIVIL PROCEDURE 93-406
CHAPTER 4
JUSTICES' AND POLICE COURTS
Section 93-401. Justices' courts and justices.
93-405. Terms of office.
93-406. Vacancies.
93-401. (8833) Justices' courts and justices. There must be at least
two justices' courts in each of the organized townships of the state, for
which two justices of the peace must be elected by the qualified electors
of the township at the general state election next preceding the expiration
of the term of office of his predecessor.
History: En. Sec. 60, C. Civ. Proc. 1895; 8833, E. C. M. 1921. Cal. C. Civ. Proc. S«c.
re-en. Sec. 6279, Rev. C. 1907; re-en. Sec. 85.
93-405. (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.
History: En. Sec. 64, C. Civ. Proc. 1895; 8837, E. C. M. 1921. Cal. C. Civ. Proc. Sec.
re-en. Sec. 6283, Eev. C. 1907; re-en. Sec. 110.
93-406. (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.
History: En. Sec, 65, C. Civ. Proc. 1895; 8838, E. C. M. 1921. Cal. O. Civ. Proc. Sec.
re-en. Sec. 6284, Eev. C. 1907; re-en. Sec. 111.
TITLE 94
CRIMES AND CRIMINAL PROCEDURE
CHAPTER 14
ELECTION FRAUDS AND OFFENSES— CORRUPT PRACTICES ACT
Section 94-1401. Violation of election laws by certain officers a felony.
94-1402. Fraudulent registration a felony.
94-1403. Fraudulent voting.
94-1404. Attempting to vote without being qualified.
94-1405. Procuring illegal voting.
94-1406. Changing ballots or altering returns by election officers.
94-1407. Judges unfolding or marking ballots.
94-1408. Forging or altering returns.
94-1409. Adding to or subtracting from votes given.
94-1410. Persons aiding and abetting.
94-1411. Intimidating, corrupting, deceiving or defrauding electors.
94-1412. Offenses under the election laws.
94-141.S. Officers of election not to electioneer, etc.
94-1414. Offenses at an election.
94-1415. Furnishing money or entertainment for, or procuring attendance of,
electors.
94-1416. Unlawful offer to appoint to office.
94-1417. Communication of same.
94-1418. Bribing members of legislative caucuses, etc.
94-1419. Preventing public meetings of electors.
94-1420. Disturbances of public meetings of electors.
94-1421. Betting on elections.
94-1422. Violation of election laws.
409
i
94-1401 ELECTION LAWS
94-1423. Bribery.
94-1424. Unlawful acts of employers.
94-1425. Fines paid into school fund.
94-1426. Violation of act voids election.
94-1427. Expenditure by or for candidate for office.
94-1428. Limitation of expenditures by candidate — by party organizations — by
relatives.
94-1429. Definition of terms.
94-1430. Statement by candidate as to moneys expended — filing after election-
penalty.
94-1431. Accounts of expenditures by political committees and other persons —
statement and vouchers.
94-1432. Copies of act to be furnished certain public officers and candidates..
94-1433. Inspection of accounts — complaints — statement of receipts.
94-1434. Prosecutions for failure to file statement.
94-1435. Jurisdiction — court may compel filing of statements.
94-1436. Record of statements — copies.
94-1437. Payments in name of undisclosed principal.
94-1438. Promise to procure appointment or election.
94-1439. Public officer or employee not to contribute funds.
94-1440. Certain public officers prohibited from acting as delegates or members
of political committee.
94-1441. Transfer of convention credential.
94-1442. Inducing person to be or not to be candidate.
94-1443. What demands or requests shall not be made of candidates.
94-1444. Contributions from corporations, public utilities and others.
94-1445. Treating.
94-1446. Challenging voters — procedure.
94-1447. Coercion or undue influence of voters.
94-1448. Bets or wagers on election results.
94-1449. Personating another elector — penalty.
94-1450. Corrupt practice, what constitutes.
94-1451. Compensating voter for loss of time — badges and insignia.
94-1452. Publications in newspapers and periodicals.
94-1453. Solicitation of votes on election day.
94-1454. Political criminal libel.
94-1455. Filing of statement of expenses by candidate.
94-1456. Inducement to accept or decline nomination.
94-1457. Forfeiture of nomination or office for violation of law, when not
worked.
94-1458. Punishment for violation of act.
94-1459. Time for commencing contest.
94-1460. Court having jurisdiction of proceedings.
94-1461. Repealed.
94-1462. Duty of county attorney on violation of act — penalty for neglect or
refusal to act.
94-1463. Declaration of result of election after rejection of illegal votes.
94-1464. Grounds for contest of nomination or office.
94-1465. Nomination or election not to be vacated, when.
94-1466. Reception of illegal votes, allegations and evidence.
94-1467. Contents of contest petition — amendment — bond — costs — citation- —
precedence.
94-1468. Hearing of contest.
94-1469. Corporations — proceedings against, for violation of act.
94-1470. Penalty for violations not otherwise provided for.
94-1471. Advancement of cases — dismissal, when — privileges of witnesses.
94-1472. Form of complaint.
94-1473. Form of statement of expenses.
94-1474. False oaths or affidavits — perjury.
94-1475. Political literature to contain name of officer of organization or person
publishing and producing.
94-1476. Violation of preceding section a misdemeanor.
94-1401. (10747) Violation of election laws by certain oflflcers a felony.
Every person charged with the performance of any duty, under the provi-
410
CRIMES AND CRIMINAL PROCEDURE 94-1404
sions of any law of this state relating to elections, or the registration of the
names of electors, or the canvassing of the returns of election, who wilfully
neglects or refuses to perform such duty, or w^ho, in his ofiBcial capacity,
knowingly and fraudulently acts in contravention or violation of any of
the provisions of such laws, is, unless a different punishment for such acts
or omissions is prescribed by this code, punishable by fine not exceeding
one thousand dollars, or by imprisonment in the state prison not exceeding
five years, or both.
History: En, Sec. 60, Pen. C. 1895;
re-en. Sec. 8124, Rev. C. 1907; re-en. Sec.
10747, R. C. M. 1921. Cal. Pen. C. Sec. 41.
94-1402. (10748) Fraudulent registration a felony. Every person who
wilfully 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 thou-
sand dollars, or by imprisonment in the county jail or state prison not ex-
ceeding 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 registration, the court must order such
registration to be canceled.
History: En. Sec. 61, Pen. C. 1895;
re-en. Sec. 8125, Rev. C. 1907; re-en. Sec.
10748, R. C. M. 1921. Cal. Pen. C. Sec. 42.
94-1403. (10749) Fraudulent voting. Every person not entitled to vote
who fraudulently votes, and every person who votes more than once at any
one election, or changes any ballot after the same has been deposited in the
ballot-box, or adds, or attempts to add, any ballot to those legally polled
at any election, either by fraudulently introducing the same into the ballot-
box before or after the ballots therein have been counted ; or adds to, or
mixes with, or attempts to add to or mix with, the ballots lawfully polled,
other ballots, while the same are being counted or canvassed, or at any
other time, with intent to change the result of such election; or carries
av.-ay or destroys, or attempts to carry away or destroy, any poll-lists,
check-lists, or ballots, or ballot-box, for the purpose of breaking up or
invalidating such election, or wilfully detains, mutilates, or destroys any
election returns, or in any manner so interferes with the officers holding
such election or conducting such canvass, or with the voters lawfully
exercising their rights of voting at such election, as to prevent such election
or canvass from being fairly held and lawfully conducted, is guilty of a
felony.
History: En. Sec. 62, Pen. C. 1895;
re-en. Sec. 8126, Rev. C. 1907; re-en. Sec.
10749, R. C. M. 1921. Cal, Pen. C. Sec. 46,
94-1404. (10750) Attempting to vote without being qualified. Every
person not entitled to vote, who fraudulently attempts to vote or register, or
411
94-1405 ELECTION LAWS
who, being entitled to vote, attempts to vote or register more than once at
any election, is guilty of a misdemeanor.
History: En. Sec. 63, Pen. C. 1895;
re-en. Sec. 8127, Rev. C. 1907; re-en. Sec.
10750, B. C. M. 1921. Cal. Pen. C. Sec. 46.
94-1405. (10751) Procuring illegaJ voting. Every person who procures,
aids, assists, counsels, or advises another to register or give or oflFer his vote
at any election, knowing that the person is not entitled to vote or register,
is guilty of a misdemeanor.
History: En. Sec. 64, Pen. C. 1895;
re-en. Sec. 8128, Rev. C. 1907; re-en. Sec.
10751, R. C. M. 1921. Cal. Pen. C. Sec. 47.
94-1406. (10752) Changing ballots or altering returns by electior
officers. Every officer oT clerk of election who aids in changing or destroying
any poll-list or check-list, or in placing any ballots in the ballot-box, or
taking any therefrom, or adds, or attempts to add, any ballots to those
legally polled at such election, either by fraudulently introducing the same
into the ballot-box before or after the ballots therein have been counted, or
adds to or mixes with, or attempts to add to or mix with, the ballots
polled, any other ballots, while the same are being counted or canvassed, or
at any other time, with intent to change the result of such election, or
allows another to do so, when in his power to prevent it, or carries away
or destroys, or knowingly allows another to carry away or destroy, any
poll-list, check-list, ballot-box, or ballots lawfully polled, is guilty of a felony.
History: En. Sec. 65, Pen. C. 1895;
re-en. Sec. 8129, Rev. C. 1907; re-en. Sec.
10752, R. C. M. 1921. Cal. Pen. C. Sec. 48.
94-1407. (10753) Judges unfolding or marking ballots. Every judge
or clerk of an election who, previous to putting the ballot of an elector in the
ballot-box, attempts to find out any name on sucli ballot, or who opens
or sufl'ers 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, v/ith 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.
History: En. Sec. 66, Pen. C. 1895;
re-en. Sec. 8130, Rev. C. 1907; re-en. Sec.
10753, R. C. M. 1921. Cal. Pen. C. Sec. 49.
94-1408. (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 sub-
stitutes forged or counterfeit returns of election in the place of the true
returns for a precinct, town, or ward where an election was actually held, is
412
CRIMES AND CRIMINAL PROCEDURE 94-1412
punishable by imprisonment in the state prison for a term not less than
two nor more than ten years.
History: En. Sec. 67, Pen. C. 1895;
re-en. Sec. 8131, Rev. C. 1907; re-en. Sec.
10754, R. C. M. 1921. Cal. Pen. C. Sec. 50.
94-1409. (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 im-
prisonment in the state prison for not less than one nor more than five years.
History: En. Sec. 68, Pen. C. 1895;
re-en. Sec. 8132, Rev. C. 1907; re-en. Sec.
10755, R. C. M. 1921. Cal. Pen. C, Sec. 51.
"94-1410. (10756) Persons aiding and abetting. Every person who aids
or abets in the commission of any of the offenses mentioned in the four pre-
ceding sections is punishable by imprisonment in the county jail for a period
of six months, or in the state prison not exceeding two years.
History: En. Sec. 69, Pen. C. 1895;
re-en. Sec. 8133, Rev, C. 1907; re-en. Sec.
10756, R. C. M. 1921. Cal. Pen. C. Sec. 52.
94-1411. (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 reward, or promise
thereof, to vote differently from what such elector intended or desired
to vote, is guilty of a misdemeanor, and is punishable by a fine not exceed-
ing one thousand dollars, or imprisonment not to exceed one year, or both.
History: En. Sec, 70, Pen. C. 1895;
re-en. Sec. 8134, Rev. C. 1907; re-en. Sec.
10757, R. C. M. 1921. Oal. Pen. C. Sec. 63.
94-1412. (10758) OflFenses under the election laws. Every person who
falsely makes, or fraudulently defaces or destroys, the certificates of nomi-
nation of candidates for office, to be filled by the electors at any ejection, or
any part thereof, or files or receives for filing any certificate of nomination,
knowing the same, or any part thereof, to be falsely made, or suppresses
any certificate of nomination, which has been duly filed, or any part
thereof, or forges or falsely makes the official indorsement on any ballot,
is guilty of a felony, and upon conviction thereof is punishable by imprison-
ment in the state prison not less than one nor more than five years.
History: En. Sec. 71, Pen. C. 1895;
re-en. Sec. 8135, Rev. C. 1907; re-en. Sec,
10758, R. 0. M- 1921.
413
94-1413 ELECTION LAWS
94-1413. (10759) Officers of election not to electioneer, etc. Every
officer or clerk of election who deposits in a ballot-box a ballot on which the
official stamp, as provided by law, does not appear, or does any electioneering
on election day, is guilty of a misdemeanor, and upon conviction is punish-
able by imprisonment not to exceed six months, or by a fine not less than
fifty nor more than five hundred dollars, or both.
History: En. Sec. 72, Pen. C. 1895;
re-en. Sec. 8136, Rev. C. 1907; re-en. Sec.
10759, R. C. M. 1921.
94-1414. (10760) Offenses at an election. Every person who, during an
election, removes or destroys any of the supplies or other conveniences placed
in the booths or compartments for the purpose of enabling a voter to prepare
his ballot, or prior to or on the day of election wilfully defaces or destroys
any list of candidates posted in accordance with the provisions of law,
or during an election tears down or defaces the cards printed for the
instruction of voters, or does any electioneering on election day within
any polling-place or any building in which an election is being held, or
within twenty-five feet thereof, or obstructs the doors or entries thereof,
or removes any ballot from the polling-place before the closing of the polls,
or shows his ballot to any person after it is marked so as to reveal the
contents thereof, or solicits an elector to show his ballot after it is marked,
or places a mark on his ballot by which it may afterward be identified,
or receives a ballot from any other person than one of the judges of the
election having charge of the ballots, or votes or offers to vote any
ballot except such as he has received from the judges of election having
charge of the ballots, or does not return the ballot before leaving the
polling-place, delivered to him by such judges, and which he has not
voted, is guilty of a misdemeanor, and is punishable by a fine not exceeding
one hundred dollars.
History: En. Sec. 73, Pen. C. 1895;
re-en. Sec. 8137, Rev. C. 1907; re-en. Sec.
10760, R. C. M. 1921.
94-1415. (10761) Furnishing money or entertainment for, or procuring
attendance of, electors. Every person who, with the intention to promote
the election of himself or any other person, either:
1. Furnishes entertainments, at his expense, to any meeting of electors
previous to or during an election;
2. Pays for, procures, or engages to pay for any such entertainment ;
3. Furnishes or engages to pay any money or property for the purpose
of procuring the attendance of voters at the polls, or for the purpose of
compensating any person for 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, except for
the expenses of holding and conducting public meetings for the discussion
414
CRIMES AND CRIMINAL PROCEDURE 94-1420
of public questions, and of printing and circulating ballots, handbills, and
other papers, previous to such election;
is guilty of a misdemeanor.
History: En. Sec. 74, Pen. C. 1895;
re-en. Sec, 8138, Rev. C. 1907; re-en. Sec.
10761, R. C. M. 1921. Cal. Pen. C. Sec. 54.
94-1416. (10762) Unlawful offer to appoint to oflace. 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 inducement or
consideration to any person to vote for, or to procure or aid in procuring the
election of such candidate, is guilty of a misdemeanor.
History: En. Sec. 75, Pen. C. 1895;
re-en. Sec. 8139, Rev. C. 1907; re-en. Sec.
10762, R. C. M. 1921. Cal. Pen. C. Sec. 55.
94-1417. (10763) Communication of same. Every person, not being a
candidate, who communicates any offer, made in violation of the last section,
to any person, with intent to induce him to vote for, or to procure or to aid
in procuring the election of the candidate making the offer, is guilty of a
misdemeanor.
History: En, Sec. 76, Pen, C. 1895;
re-en. Sec, 8140, Rev. C. 1907; re-en. Sec.
10763, R. C. M. 1921. Cal. Pen, C, Sec. 56.
94-1418. (10764) Bribing members of legislative caucuses, etc. Every
person who gives or offers a bribe to any officer or member of any legislative
caucus, political convention, or political gathering of any kind, held for
the purpose of nominating candidates for offices of honor, trust, or profit,
in this state, with intent to influence the person to whom such bribe is
given or offered to be more favorable to one candidate than another, and
every person, member of either of the bodies in this section mentioned,
who receives or offers to receive any such bribe, is punishable by imprison-
ment in the state prison not less than one nor more than fourteen years.
History: En. Sec. 77, Pen. C. 1895;
re-en. Sec. 8141, Rev. C. 1907; re-en. Sec.
10764, R. C. M. 1921. Cal. Pen. C. Sec. 57.
94-1419. (10765) Preventing public meetings of electors. Every person
who, by threats, intimidations, or violence, wilfully hinders or prevents
electors from assembling in public meeting for the consideration of public
questions, is guilty of a misdemeanor.
History: En. Sec. 78, Pen. C. 1895;
re-en. Sec. 8142, Rev. C. 1907; re-en. Sec.
10765, R. C. M. 1921. Cal. Pen. C. Sec. 58.
94-1420, (10766) Disturbances of pubUc 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 questions,
or any public school or public school meeting, is guilty of a misdemeanor.
History: En, Sec, 79, Pen, C. 1895;
re-en. Sec. 8143, Rev. C. 1907; re-en. Sec,
10766, R. C. M. 1921.
415
94-1421 ELECTION LAWS
94-1421. (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 candidate, or upon the
vote to be cast by any person, is guilty of a misdemeanor.
History: En. Sec. 80, Pen. C. 1895;
re-en. Sec. 8144, Rev. C. 1907; re-en. Sec.
10767, R. C. M. 1921. Cal. Pen. C. Sec. 60.
94-1422. (10768) Violation of election laws. Every person who wilfully
violates any of the provisions of the laws of this state relating to elections is,
unless a 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.
History: En. Sec. 81, Pen. C. 1896;
re-en. Sec. 8145, Rev. C. 1907; r&-en. Sec.
10768, R. C. M. 1921. Cal. Pen. C. Sec. 61.
94-1423. (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 consideration, 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 corruptl}' does any such act as aforesaid ;
2. Every person who, directly or indirectly, by himself or by any
other person on his behalf, gives, or procures, or agrees to give or procure,
or offers or promises, any office, place, or employment, to or for any
elector, or to or for any other person, in order to induce such elector to
vote or refrain fom 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, procure-
ment, or agreement as aforesaid, to or for any person, in order to induce
such person to procure or endeavor to procure the return of any person
to serve in the legislative assembly, or the vote of any elector at any
election;
4. Every person who, upon or in consequence of any such gift, loan,
offer, promise, procurement, or agreement, procures or promises, or en-
deavors 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,
416
CRIMES AND CRIMINAL PROCEDURE 94-1423
any money to any person in discliar^'c or repayment of any money wholly
or in part exp^^nded in bribery or corrnpt practices at any election;
6. Every elector who, before or during any election, directly or in-
directly, by himself or any other person on his behalf, receives, agrees, or
contracts for any money, gift, loan, valuable consideration, office, place,
or employment, for himself or any other person, for voting or agreeing to
vote, or for refusing or agreeing to refrain from voting at any election;
7. Every person who, after any election, directly or indirectly, by him-
self 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 elec-
tion, 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 employ-
ment, for himself or any other person, for having voted or refrained from
voting, or having induced any other person to vote or refrain from voting
at such election;
10. Every person who, in order to induce a person to allow himself
to be nominated as a candidate, or to refrain from becoming a candidate,
or to withdraw if he has so 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 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 subsections, 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 com-
mittee 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
417
94-1424 ELECTION LAWS
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.
History: En. Sec. 105, Pen. C. 1895;
re-en. Sec. 8169, Rev. C. 1907; re-en. Sec.
10769, R. C. M. 1921. Cal. Pen. C. Sec. 54b.
94-1424. (10770) Unlawful acts of employers. It shall be unlawful for
any employer, in paying his employees the salary or wages due them, to
inclose their pay in "pay envelopes" upon which there is written or printed
the name of any candidate or political mottoes, devices, or arguments con-
taining threats or promises, express or implied, calculated or intended to
influence the political opinions or actions of such employees. Nor shall
it be lawful for an employer, within ninety days of an election, to put
up or otherwise exhibit in his factory, workshop, or other 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 influence the political opinions or
actions of his workmen or employees. This section shall apply to corpo-
rations as well as individuals, and any person violating the provisions of
this section is guilty of a misdemeanor, and shall be punished by a fine
of not less than twenty-five dollars nor more than five hundred dollars,
and imprisonment not exceeding six months in the county jail, and any
corporation violating this section shall be punished by fine not to exceed
five thousand dollars, or forfeit its charter, or both such fine and forfeiture.
History: En. Sec. 109, Pen. C. 1895;
re-en. Sec. 8173, Rev. C. 1907; re-en. Sec.
10770, R. C. M. 1921.
94-1426. (10771) Fines paid into school fund. All fines imposed and
collected under the preceding sections shall be paid into the county treasury
for the benefit of the common schools of the county in which the offense was
committed.
History: En. Sec. 110, Pen. C. 1895;
re-en. Sec. 8174, Rev. C. 1907; re-en. Sec.
10771, R. C. M. 1921.
94-1426. (10772) Violation of act voids election. If it be proved before
any court for the trial of election contests or petition^ 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.
History: En. Sec. Ill, Pen. C. 1895; NOTE.— The corrupt practices referred
re-en. Sec. 8175, Rev. C. 1907; re-en. Sec. to in this section were those specified in
10772, R. C. M. 1921. sections 8169 and 8173 of the Revised
Codes of 1907 (sections 94-1423 and 94-
1424).
418
CRIMES AND CRIMINAL PROCEDURE 94-1429
94-1427. (10773) Expenditure by or for candidate for office. No sums
of money shall be paid, and no expenses authorized or incurred, by or on
behalf of any candidate to be paid by him, except such as he may pay to the
state for printing, as herein provided, in his campaign for nomination to
any public office or position in this state, in excess of fifteen per cent of
one year's compensation or salary of the office for which he is a candidate;
provided, that no candidate shall be restricted to less than one hundred
dollars in his campaign for such nomination. No sums of money shall be
paid, and no expenses authorized or incurred, contrary to the provisions
of this act, for or on behalf of any candidate for nomination. For the
purposes of this law, the contribution, expenditure, or liability of a descend-
ant, 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.
History: En. Sec. 1, Init. Act, Nov.
1912; re-en. Sec. 10773, R. C. M. 1921.
94-1428. (10774) Limitation of expenditures by candidate — ^by party
orgunizations — by relatives. No sums of money shall be paid and no ex-
penses 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 inde-
pendent statement in the pamphlet herein provided for, to be paid by him
in his campaign for election, in excess of ten per cent of one year's salary
or compensation of the office for which he is nominated; provided, that
no candidate shall be restricted to less than one hundred dollars. No sum
of money shall be paid and no expenses authorized or incurred by or on
behalf of any political party or organization to promote the success of
the principles or candidates of such party or organization, contrary to
the provisions of this act. For the purposes of this act, the contribution,
expenditure, or 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.
History: En. Sec. 8, Init. Act, Nov.
1912; re-en. Sec. 10774, R. C. M. 1921.
94-1429. (10775) Definition of terms. Terms used in this act shall be
construed as follows, unless other meaning is clearly apparent from the
language or context, or unless such construction is inconsistent with the
manifest intent of the law :
"Persons" shall apply to any individual, male or female, and, where
consistent with collective capacity, to any committee, firm, partnership,
club, organization, association, corporation, or other combination of indi-
viduals.
"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, v/ith 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.
419
94-1430 ELECTION LAWS
"Political committee" shall apply to every combination of two or more
persons who shall aid or promote the success or defeat of a candidate, or a
political party or principle, and the provisions of law relating thereto shall
apply to any firm or partnership, to any corporation, and to any club,
organization, association, or other combination of persons, whether incor-
porated or not, with similar purposes, whether primary or incidental.
"Public office" shall apply to any national, state, county, or city office
to which a salary attaches and which is filled by the voters, as well as to
the office of presidential elector, United States senator, or presiding officer
of either branch of the legislature.
"Give," "provide," "expend," "contribute," "receive," "ask," "solicit,"
and like terms, with their corresponding nouns, shall apply to money, its
equivalent, or anj- other valuable thing; shall include the promise, advance
deposit, borrowing, or loan thereof, and shall cover all or any part of a
transaction, whether it be made directly or indirectly.
None of the provisions of this act shall be construed as relating to the
rendering of services by speakers, writers, publishers, or others, for which
no compensation is asked or given; nor to prohibit expenditure by com-
mittees of political parties or organizations for public speakers, music,
halls, lights, literature, advertising, office rent, printing, postage, clerk
hire, challengers or watchers at the polls, travelling expenses, telegraphing
or telephoning, or making of poll-lists.
History: En. Sec. 10, Inlt. Act, Nov.
1912; re-en. Sec. 10775, R. C. M. 1921.
94-1430. (10776) Statement by candidate as to moneys expended — filing
after election — penalty. Every candidate for nomination or election to pub-
lic 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 offices, and with the city clerk, auditor,
or recorder of the town or city in which he resides, if he was a candidate
for a town, city, or ward office, an itemized sworn statement setting forth
in detail all the moneys contributed, expended, or promised by him to aid
and promote his nomination or election, or both, as the case may be, and
for the election of his party candidates, and all existing unfulfilled promises
of every character, and all liabilities remaining uncanceled and in force
at the time such statement is made, whether such expenditures, promises,
and liabilities were made or incurred before, during, or after such election.
If no money or other valuable thing was given, paid, expended, contributed,
or promised, and no unfulfilled liabilities were incurred by a candidate
for public office to aid or promote his nomination or election, or the election
of his party candidates, he shall file a statement to that effect within fifteen
days after the election at which he was a candidate. Any 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.
420
CRIMES AND CRIMINAL PROCEDURE 94-1431
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.
History: En. Sec. 11, Init. Act, Nov.
1912; re-en. Sec. 10776, R. C. M. 1921.
94-1431. (10777) Accounts of expenditures by political committees and
other persons — statement and vouchers. Every political committee shall
have a treasurer, who is a voter, and shall cause him to keep detailed ac-
counts of all its receipts, payments, and liabilities. Similar accounts shall
be kept by every person, who in the aggregate receives or expends money
or incurs liabilities to the amount of more than fifty dollars for political
purposes, and by every political agent and candidate. Such accounts shall
cover all transactions in any way affecting or connected with the political
canvass, campaign, nomination, or election concerned. Every person re-
ceiving or expending money or incurring liability by authority or in behalf
of or to promote the success or defeat of such committee, agent, candidate,
or other person or political party or organization, shall, on demand, and
in any event within fourteen days after such receipt, expenditure, or in-
currence 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 paj'ment, except payments less in
the aggregate than five dollars to any person, shall be vouched for by a
receipted bill stating the particulars of expense. Every voucher, receipt,
and account hereby required shall be a part of the accounts and files of
such treasurer, agent, candidate, or other person, and shall be preserved
by the public officer with whom it shall be filed for six months after the
election to which it refers. Any person not a 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 expendi-
tures and vouchers for every sum paid in excess of five dollars, and shall at
the same time deliver to the candidate or treasurer of the political organi-
zation whose success or defeat he has sought to promote, a duplicate of
such statement and a copy of such vouchers. The books of account of
every treasurer of any political party, committee, or organization, during
an election campaign, shall be open at all reasonable office hours to the
inspection of the treasurer and chairman of any opposing political party
or organization for the same electoral district ; and his right of inspection
421
94-1432 ELECTION LAWS
may be enforced by writ of mandamus by any court of competent juris-
diction.
History: En. Sec. 12, Init. Act, Nov.
1912; re-en. Sec. 10777, E. C. M. 1921.
94-1432. (10778) Copies of act to be furnished certain public officers
and candidates. The secretary of state shall, at the expense of the state,
furnish to the county clerk, and to the city and town clerks, auditors, and
recorders, copies of this act as a part of the election laws. In the filing of a
nomination petition or certificate of nomination, the secretary of state, in
the case of state and district offices for districts composed of one or more
counties, and county clerks for county offices, and the city and town
clerks, auditors, or recorders for municipal offices, shall transmit to the
several candidates, and to the treasurers of political committees, and to
political agents, as far as they may be known to such officer, copies of
this act, and also to any other person required to file a statement such
copies shall be furnished upon application therefor. Upon his own infor-
mation, or at the written request of any voter, said secretary of state
shall transmit to any other person believed by him or averred to be a
candidate, or who may otherwise be required to make a statement, a copy
of this act.
History: En. Sec. 13, Init. Act, Nov.
1912; re-en. Sec. 10778, R. C. M. 1921.
94-1433. (10779) Inspection of accounts — complaints — statement of
receipts. The several officers with whom statements are required to be filed
shall inspect all statements of accounts and expenses relating to nominations
and elections filed with them within ten days after the same are filed ;
and if, upon examination of the official ballot, it appears that any person
has failed to file a statement as required by law, or if it appears to any
such officer that the statement filed with him does not conform to law,
or upon complaint in writing by a candidate or by a voter that a statement
filed does not conform to law or to the truth, or that any person has
failed to file a statement which he is by law required to file, said officer
shall forthwith in writing notify the delinquent person. Every such com-
plaint 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 re-
corder, as the case may be, shall demand from any specified person or
candidate a statement of all his receipts, and from whom received, dis-
bursements and liabilities in connection with or in any way relating to
the nomination or election concerned, whether it is an office to which a
salary or 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 statements herein contained. Whoever makes a statement re-
quired by this act shall make oath attached thereto that it is in all respects
422
CRIMES AND CRIMINAL PROCEDURE 94-1437
correct, complete, and true, to the best of his knowledge and belief, and
said verification shall be in substantially the form herein provided.
History: En. Sec. 14, Inlt. Act, Nov.
1912; re-en. Sec. 10779, R. C. M. 1921.
94-1434. (10780) Prosecutions for failure to file statement. Upon the
failure of any person to file a statement within ten days after receiving no-
tice, under the preceding section, or if any statement filed as above discloses
any violation of any provision of this act relating to corrupt practices in
elections, or in any other provision of the election laws, the secretary of
state, the county clerk, or the city clerk, auditor, or recorder, as the case
may be, shall forthwith notify the county attorney of the county' where
said violation occurred, and shall furnish him with copies of all papers
relating thereto, and said county attorney shall, within sixty days there-
after, 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 crimiiial proceedings as may be
appropriate to the facts.
History: En. Sec. 16, Inlt. Act, Nov.
1912; re-en. Sec. 10780, E. C. M. 1921.
94-1435. (10781) Jurisdiction — court may compel filing of statements.
The district court of the county in which any statement of accounts and ex-
penses relating to nominations and elections should be filed, unless herein
otherwise provided, shall have exclusive original jurisdiction of all violations
of this act, and may compel any person who fails to file such a statement
as required by this act, or who files a statement which does not conform
to the provisions of this act in respect to its truth, sufficiency in detail, or
otherwise, to file a sufficient statement, upon the application of the attorney-
general or of the county attorney, or the petition of a candidate or of any
voter. Such petition shall be filed in the district court within sixty days
after such election if the statement was filed within the fifteen days required^
but such a petition may be filed within thirty days after any payment not
included in the statement so filed.
History: En. Sec. 16, Init. Act, Nov.
1912; re-en. Sec. 10781, R. C. M. 1921.
94-1436. (10782) Record of statements — copies. All statements shall
be preserved 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.
History: En. Sec. 17, Init. Act, Nov.
1912; re-en. Sec. 10782, R. C. M. 1921;
amd. Sec. 1, Ch. 41, L. 1943.
94-1437. (10783) Payments in name of undisclosed principal. No per-
son 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
423
94-1438 ELECTION LAWS
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 per-
son 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.
History: En. Sec. 18, Init. Act, Nov.
1912; re-en. Sec. 10783, R. C. M. 1921.
94-1438. (10784) Promise to procure appointment or election. No per-
son shall, in order to aid or promote his nomination or election, directly or
indirectly, himself or through any other person, promise to appoint another
person, or promise to secure or aid in securing the appointment, nomination,
or election of another person to any public or private position or employ-
ment, or to any position of honor, trust, or emolument, except that he may
publicly announce or define what is his ciioice or purpose in relation to any
election in which he may be called to take part, if elected, and if he
is a candi(iate 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.
History: En. Sec. 19, Init. Act, Nov.
1912; re-en. Sec. 10784, R. C. M. 1921.
94-1439. (10785) Public oflBcer 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.
History: En. Sec. 20, Init. Act, Nov.
1912; re-en. Sec. 10785, R. C. M. 1921.
94-1440. (10786) Certain public officers prohibited from acting as dele-
gates 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 convention
for the election district that elects the officer or board under whom he di-
rectly or indirectly holds such position, nor shall he be a member of a politi-
cal committee for such district.
History: En. Sec. 21, Init. Act, Nov.
1912; re-en. Sec. 10786, R. C. M. 1921.
94-1441. (10787) Transfer of convention credential. No person shall
invite, offer, or effect the transfer of an}' convention credential in return for
any payment of money or other valuable thing.
History: En. Sec. 22, Init. Act, Nov.
1912; re-en. Sec. 10787, R. C. M. 1921.
94-1442. (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 candi-
date, and no person shall solicit any payment, promise, or reward from
another for such purpose.
History: En. Sec. 23, Init. Act, Nov.
1912; re-en. Sec. 10788, R. C. M. 1921.
424
CRIMES AND CRIMINAL PROCEDURE 94-1445
94-1443. (10789) What demands or requests shall not be made of candi-
dates. No person shall demand, solicit, ask, or invite any payment or contri-
bution for any religious, political, charitable, or other cause or organization
supposed to be primarily or principally for the public good, from a person
who seeks to be or has been nominated or elected to any office; and no
such candidate or elected person shall make any such payment or contri-
bution if it shall be demanded or asked during the time he is a candidate
for nomination or election to or an incumbent of any office. No payment
or contribution for any purpose shall bo made a condition precedent to
the putting of a name on any caucus or convention ballot or nomination
paper or petition, or to the performance of any duty imposed by law on
a political committee. No person shall demand, solicit, ask, or invite any
candidate to subscribe to the support of any club or organization, to buv
tickets to any entertainment 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 ad-
vertising, nor to his regular payment to any organization, religious, char-
itable, 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 can-
didacy, nor to ordinary contributions at church services.
History: En. Sec. 24, Init. Act, Nov.
1912; re-en. Sec. 10789, R. C. M. 1921.
94-1444. (10790) Contributions from corporations, public utilities and
others. No corporation, and no person, trustee, or trustees owning or hold-
ing the majority of the stock of a corporation carrying on the business of a
bank, savings bank, co-operative bank, trust, trustee, surety, indemnity, safe
deposit, insurance, railroad, street-railway, telegraph, telephone, gas, elec-
tric light, heat, power, canal, aqueduct, water, cemetery, or crematory
company, or any company having the right to take or condemn land, or
to exercise franchises in public ways granted by the state or by any county,
city, or town, shall pay or contribute in order to aid, promote, or prevent
the nomination or election of any person, or in order to aid or promote
the interests, success, or defeat of any political party or organization. No
person shall solicit or receive such payment or contribution from such
corporation or such holders of a majority of such stock.
History: En. Sec. 25, Init. Act, Nov.
1912; re-en. Sec. 10790, R. 0. M. 1921.
94-1445. (10791) Treating. Any person or candidate who shall, either
by himself or by any other person, either before or after an election, or while
such person or candidate is seeking a nomination or election, directly or
indirectly, give or provide, or pay, wholly or in part, the expenses of giving
or providing any meat or drink, or other entertainment or provision, cloth-
ing, 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
425
94-1446 ELECTION LAWS
or refrain from giving his vote at such election to or for any candidate
or political party ticket, or measure before the people, or on account of
such persons, or any other person, having voted or refrained from voting
for any candidate or the candidates of any 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 tobacco, shall also be guilty of treating; and such
acceptance shall be a ground of challenge to his vote and of rejecting his
vote on a contest.
History: En. Sec. 26, Init. Act, Nov.
1912; re-en. Sec. 10791, E. C. M. 1921.
94-1446, (10792) Cliallenging voters — procedure. Whenever any per-
son's right to vote shall be challenged, and he has taken the oath prescribed
by the statutes, and if it is at a nominating election, then it shall be the duty
of the clerks of election to write in the poll-books at the end of such person's
name the words "challenged and sworn," with the name of the challenger.
Thereupon the chairman of the board of judges shall write upon the back
of the ballot offered by such challenged voter the number of his ballot, in
order that the same may be identified in 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 94-1407.
History: En. Sec. 27, Init. Act, Nov.
1912; re-en. Sec. 10792, R. C. M. 1921.
94-1447. (10793) Coercion or undue influence of voters. Every person
who shall, directly or indirectly, by himself or any other person in his be-
half, 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 corpo-
ration 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 organization, or who shall, by abduction,
duress, or any fraudulent contrivance, impede or prevent the free exercise
of the franchise by any voter at any election, or shall thereby compel,
induce, or prevail upon any elector to give or to refrain from giving his
426
CRIMES AND CRIMINAL PROCEDURE 94-1450
vote at any election, shall be guilty of undue influence, and shall be punished
as for a corrupt practice.
History: En. Sec. 28, Init. Act, Nov.
1912; re-en. Sec. 10793, E. C. M. 1921.
94-1448. (10794) Bets or wafers 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 elec-
tion, or who provides money or other valuables to be used by any person in
betting or wagering upon the results of any impending election, shall be
guilty of a corrupt practice. Any person who, for the purpose of influencing
the result of any election, makes any bet or wager of anything of 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.
History: En. Sec. 29, Init. Act, Nov.
1912; re-en. Sec. 10794, E. C. M. 1921.
94-1449. (10795) Personating another elector — ^penalty. Any person
shall be deemed guilty of the offense of personation who, at any election,
applies for a ballot in the name of some other person, whether it be that of a
person living or dead, or of a fictitious person, or who, having voted once at
an election, applies at the same election for a ballot in his own name ; and
on conviction thereof such person shall be punished by imprisonment in
the penitentiary at hard labor for not less than one nor more than three
years.
History: En. Sec. 30, Init. Act, Nov.
1912; re-en. Sec. 10795, E. C. M. 1921.
94-1450. (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 elec-
tion, or to register or refrain from registering as a voter at any state, dis-
trict, county, city, town, village, or school district election for public offices
or on public measures. Such corrupt practice shall be deemed to be prev-
alent when instances thereof occur in different election districts similar in
character and sufficient in number to convince the court before which any
case involving the same may be tried that they were general and common,
or were pursuant to a general scheme or plan.
History: En. Sec. 31, Init. Act, Nov.
1912; re-en. Sec. 10796, E. C. M. 1921.
427
94-1451 ELECTION LAWS
94-1451. (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 for the expense
of transportation to or from the polls. No person shall pay for personal
service to be performed on the day of a caucus, primary, convention, or
any election, for any purpose connected therewith, tending in any way,
directly or indirectly, to affect the result thereof, except for the hiring of
persons whose sole duty is to act as challengers and watch the count of
oflScial 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.
History: En. Sec. 32, Init. Act, Nov.
1912; re-en. Sec. 10797, R. C. M. 1921.
94-1452. (10798) Publications in newspapers and periodicals. No pub-
lisher of a newspaper or other periodical shall insert, either in its advertis-
ing 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 adver-
tisement, the name of the chairman or secretary, or the names of the other
officers of the political or other organization inserting the same, or the name
of some voter who is responsible therefor, with his residence and the street
number thereof, if any, appear in such advertisement in the nature of a
signature. No person shall pay the owner, editor, publisher, or agent of
any newspaper or other periodical 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.
History: En. Sec. 33, Init. Act, Nov.
1912; re-en. Sec. 10798, R. C. M. 1921.
94-1453. (10799) Solicitation of votes on election day. It shall be un-
lawful 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 fine of
not less than five dollars nor more than one hundred dollars for the first
offense, and for the second and each subsequent offense occurring on the
same or different election days, he shall be punished by 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.
History: En. Sec. 34, Init. Act, Nov.
1912; re-en. Sec. 10799, R. C. M. 1921.
94-1454. (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 elec-
tion, unless the same shall bear on its face the name and address of the au-
428
CRIMES AND CRIMINAL PROCEDURE 94-1455
thor, 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 personally
and in person upon the candidate to whom it relates a copy thereof in
writing, 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.
History: En. Sec. 35, Inlt. Act, Nov. Compiler's Note
1912: re-en. Sec. 10800, R. C. M. 1921. rru- *.- u i.- n j j
j.i>j.i., ic cii. oci<. J.UOUU, iv. w. «!.. j.i,i.x. rpjjjg section may be partially superseded
by sec. 94-1475.
94-1455. (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 com-
mittees 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 prac-
ticable, warn candidates of the danger of the omission of their names by
reason of this provision, but delay in making any such statement beyond
the time prescribed shall not preclude its acceptance or prevent the in-
sertion 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 author-
ized by law, but not by the use of the name of the candidate who failed
429
94-1456 ELECTION LAWS
to file such statements. No person shall receive a certificate of election
until he shall have filed the statements required by this act.
History: En. Sec. 36, Init. Act, Nov.
1912; re-en. Sec. 10801, R. C. M. 1921.
94-1456. (10802) Inducement to accept or decline nomination. It shall
be unlawful for any person to accept, receive, or pay money or any valuable
consideration for becoming or for refraining from becoming a candidate
for nomination or election, or by himself or in combination with any other
person or persons to become a candidate for the purpose of defeating the
nomination or election of any other person, and not with a bona fide intent
to obtain the office. Upon complaint made to any district court, if the
judge shall be convinced that any person has sought the nomination, or
seeks to have his name presented to the voters as a candidate for nomi-
nation 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 nomi-
nating election from placing the name of such person thereon as a can-
didate 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.
History: En. Sec. 37, Init. Act, Nov.
1912; re-en. Sec. 10802, R. C. M. 1921.
94-1457. (10803) Forfeiture of nomination or office for violation of law,
when not worked. Where, upon the trial of any action or proceeding under
the provisions of this act for the contest of the right of any person declared
nominated or elected to any office, or to annul or set aside such nomi-
nation or election, or to remove a person from his office, it appears from
the evidelice that the offense complained of was not committed by the
candidate, or with his knowledge or consent, or was committed without
his sanction or connivance, and that all reasonable means for preventing
the commission of such offense at such election were taken by and on
behalf of the candidate, or that the offense or offenses complained of were
trivial, unimportant, and limited in character, and that in all other respects
his participation in the election was free from such offenses or illegal acts,
or that any act or omission of the candidate arose from inadvertence or
from accidental miscalculation, or from some other reasonable cause of a
like nature, and in any case did not arise from any want of good faith,
and under the circumstances it seems to the court to be unjust that the
said candidate shall forfeit his nomination or office, or be deprived of any
office of which he is the incumbent, then the nomination or election of
such candidate shall not by reason of such offense or omission complained
430
CRIMES AND CRIMINAL PROCEDURE 94-1460
of be void, nor shall the candidate be removed from or deprived of his
oflSee.
History: En. Sec. 38, Init. Act, Nov.
1912; re-en. Sec. 10803, B. 0. M. 1921.
94-1458. (10804) Punishmeiit for violation of act. If, upon the trial of
any action or proceeding under the provisions of this act, for the contesting
of the right of any person declared to be nominated to an office, or elected
to an office, or to annul and set aside such election, or to remove any
person from his office, it shall appear that such person was guilty of any
corrupt practice, illegal act, or undue influence, in or about such nomi-
nation or election, he shall be punished by being deprived of the nomi-
nation or office, as the case may be, and the vacancy therein shall be filled
in the manner provided by law. The only exception to this judgment shall
be that provided in the preceding section of this act. Such judgment shall
not prevent the candidate or officer from being proceeded against by in-
dictment or criminal information for any such act or acts.
History: En. Sec. 39, Init. Act, Nov.
1912; re-en. Sec. 10804, E. C. M. 1921.
94-1459. (10805) Time for commenciiig 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, un-
less 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 ease 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 representa-
tive 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.
History: En. Sec. 40, Init. Act, Nov.
1912; re-en. Sec. 10805, R. C. M. 1921.
94-1460. (10806) Court having jurisdiction of proceedings. An appli-
cation for filing a statement, payment of a claim, or correction of an error or
false recital in a statement filed,' or an action or proceeding to annul and set
aside the election of any person declared elected to an office, or to remove
or deprive any person of his office for an offense mentioned in this act, or
any petition to excuse any person or candidate in accordance with the power
of the court to excuse as provided in section 94-1457, 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.
History: En. Sec. 41, Init. Act, Nov.
1912; re-en. Sec. 10806, R. C. M. 1921.
431
94-1461 ELECTION LAWS
94-1461. (10807) Repealed— Chapter 50, Laws of 1947.
94-1462. (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 reasonable ground for
instituting a prosecution, it shall be the duty of such county attorney to
file a complaint or information in writing, before a court of competent
jurisdiction, charging the accused person with such offense ; if any county
attorney shall fail or refuse to faithfully perform any duty imposed upon
him by this act, he shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall forfeit his office. It shall be the duty of the
county attorney, under penalty of forfeiture of his office, to prosecute any
and all persons guilty of any violation of the provisions of this act, the
penalty of which is fine or imprisonment, or both, or removal from office.
History: En. Sec. 43, Init. Act, Nov.
1912; re-en. Sec. 10808, R. C. M. 1921.
94-1463. (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.
History: En. Sec. 44, Inlt. Act, Nov.
1912; re-en. Sec. 10809, E. 0. M. 1921.
94-1464. (10810) Grounds for contest of nomination or oflSce. Any elec-
tor of the state, or of any political or municipal division thereof, may con-
test the right of any person to any nomination or office for which such elec-
tor 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.
History: En. Sec. 45, Init. Act, Nov.
1912; re-en. Sec. 10810, E. C. M. 1921.
94-1465. (10811) Nomioation 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
432
CRIMES AND CRIMINAL PROCEDURE 94-1468
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.
History: En. Sec. 46, Inlt. Act, Nov.
1912; re-en. Sec. 10811, R, C. M. 1921.
94-1466. (10812) Reception of illegal votes, allegations ajid 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 /oting 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 provi-
sion 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.
History: En. Sec. 47, Init. Act, Nov.
1912; re-en. Sec. 10812, R. C. M. 1921.
94-1467. (10813) Contents of contest petition — amendment — bond —
costs — citation — precedence. Any petition contesting the right of any per-
son 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 proceed-
ing thereon the petitioner shall give bond to the state in such sum as the
court may order, not exceeding two thousand dollars, with not less than
two sureties, who shall justify in the manner required of sureties on bail-
bonds, conditioned to pay all costs, disbursements, and attorney's fees
that may be awarded against him if he shall not prevail. If the petitioner
prevails, he may recover his costs, disbursements, 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 judg-
ment is rendered against the petitioner, it shall also be rendered against
the sureties on the bond. On the filing of any such petition, the clerk
shall immediately notify the judge of the court, and issue a citation to
the person whose nomination or office is contested, citing them to appear
and answer, not less than three nor more than seven days after the date
of filing the petition, and the court shall hear said cause, and every such
contest shall take precedence over all other business on the court docket,
and shall be tried and disposed of with all convenient despatch. The court
shall always be deemed in session for the trial of such cases.
History: En. Sec. 48, Init. Act, Nov.
1912; re-en. Sec. 10813, R. C. M. 1921.
94-1468. (10814) Hearing of contest. The petitioner (contestant) and
the contestee may appear and produce ^evidence at the hearing, but no per-
433
94-1469 ELECTION LAWS
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 lieard thereon, except by order of the court. If
more than one petition is pending, or the election of more than one person is
contested, the court may, in its discretion, order the cases to be heard
together, and may apportion the costs, disbursements, and attorney's fees
between them, and shall finally determine all questions of law and fact,
save only that the judge may, in his discretion, impanel a jury to decide
on questions of fact. In the case of other nominations or elections, the court
shall forthwith certify its decision to the board or official issuing certificates
of nomination or election, which board or official shall thereupon issue
certificates of nomination or election to the person or persons entitled thereto
by such decision. If judgment of ouster against a defendant shall be
rendered, said judgment shall award the nomination or office to the person
receiving next the highest number of votes, unless it shall be further de-
termined in the action, upon appropriate pleading and proof by the de-
fendant, that some act has been done or committed which would have been
ground in a similar action against such person, had he received the highest
number of votes for such nomination or office, for a judgment of ouster
against him; and if it shall be so determined at the trial, the nomination or
office shall be by the judgment declared vacant, and shall thereupon be
filled by a new election, or by appointment, as may be provided by law re-
garding vacancies in such nomination or office.
History: En. Sec. 49, Init. Act, Nov.
1912; re-en. Sec. 10814, E. C. M. 1921.
94-1469. (10815) Corporations — proceedings a^nst, 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 petition shall be filed in
the district court in the county where said corporation has its principal of-
fice, or where the violation of law is averred to have been committed. The
court, upon conviction of such corporation, may impose a fine of not more
than ten thousand dollars, or may declare a forfeiture of the charter and
franchises of the corporation, if organized under the laws of this state, or
if it be a foreign corporation, may enjoin said corporation from further
transacting business in this state, or by both such fine and forfeiture, or
by both such fine and injunction.
History: En. Sec. 50, Init. Act, Nov.
1912; re-en. Sec. 10815, R. C. M. 1921.
94-1470. (10816) Penalty for violations not otherwise provided for.
Whoever violates any provision of this act, the punishment for which is not
specially provided by law, shall on conviction thereof be punished by im-
prisonment 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.
History: En. Sec. 51, Init. Act, Nov.
1912; re-en. Sec. 10816, R. C. M. 1921.
434
CRIMES AND CRIMINAL PROCEDURE 94-1472
94-1471. (10817) Advancement of cases — dismissal, when — privileges of
witnesses. Proeoodingrs under this act shall bo advanced on the docket upon
request of either party for speedy trial, but the court may postpone or con-
tinue such trial if the ends of justice may be thereby more effectually se-
cured, and in case of such continuance or postponement, the court may im-
pose costs in its discretion as a condition thereof. No petition shall be dis-
missed witliout the consent of the county attorney, unless the same shall be
dismissed by the court. No person shall be excused from testifying; or i^ro-
ducing papers or documents on the ground that his testimony or the pro-
duction of papers or documents will tend to criminate him ; but no ad-
mission, evidence, or paper made or advanced or produced by such person
shall be offered or used against him in any civil or criminal prosecution,
or any evidence that is the direct result of such evidence or information
that he may have so given, except in a prosecution for perjury committed
in such testimony.
History: En. Sec. 52, Init. Act, Nov,
1912; re-en. Sec. 10817, R. O. M. 1921.
94-1472. (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 CD), Contestants,
vs.
E F, Contestee.
The petition of contestant (or contestants) above named alleges:
That an election was held (in the state, district, county, or city
of ), on the day of , A. D. 19 ,
for the (nomination of a candidate for) (or election of a) (state the office).
That and were candidates at said
election, and the board of canvassers has returned the said
as being duly nominated (or elected) at said election.
That contestant A B voted (or had a right to vote, as the case may
be) at said election (or claims to have had a right to be returned as the
nominee or officer elected or nominated at said election, or was a candidate
at said election, as the case may he), and said contestant C D (here state
in like manner the right of each contestant).
And said contestant (or contestants) further allege (here state the facts
and grounds on which the contestants rely).
Wherefore, your contestants pray that it may be determined by the
court that said was not duly nominated (or elected), and
that said election was void (or that the said A B or C D, as the case may
be) was duly nominated (or elected), and for such other and further relief
as to the court may seem just and legal in the premises.
435
94-1473 ELECTION LAWS
Said complaint shall be verified by the affidavit of one of the petitioners
in the manner required by law for the verification of complaints in civil
cases.
History: En. Sec. 53, Inlt. Act, Nov.
1912; re-en. Sec. 10818, E. C. M. 1921.
94-1473. (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 return,
I have not, and to the best of my knowledge and belief, no person, nor
any club, society, or association has on my behalf, whether authorized by
me or not, made any payment, or given, promised, or offered any reward,
office, employment, or position, public or private, or valuable consideration,
or incurred any liability on account of or in respect of the conduct or
management of the said nomination or election.
And I further state on oath that, except as specified in this return, I
have not paid any money, security, or equivalent for money, nor has any
money or equivalent for money, to my knowledge or belief, been paid,
advanced, given, or deposited by any one to or in the hands of myself or
any other person for my nomination or election, or for the purpose of
paying any expenses incurred on my behalf on account or in respect of
the conduct or management of the said election.
And I further state on oath that I will not, except so far as I may be
permitted by law, at any future time make or be a party to the making
or giving of any payment, reward, office, position, or employment, 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 supporters
of which he has knowledge, with numbered vouchers for all sums and
payments for which vouchers are required as to all money expended by
affiant. The affidavit and account of the treasurer of any committee or
any political party or organization shall be, as nearly as may be, in the
same form, and so also shall be the affidavit of any person who has received
or expended money in excess of the sum of fifty dollars to aid in securing
436
CRIMES AND CRIMINAL PROCEDURE 94-1476
the nomination or election or defeat of any candidate, or of any political
party or organization, or of any measure before the people.
History: En. Sec. 54, Init. Act, Nov.
1912; re-en. Sec. 10819, R. C. M. 1921.
94-1474. (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.
History: En. Sec. 55, Init, Act, Nov.
1912; re-en. Sec. 10820, R. C. M. 1921.
94-1475. Political literature to contain name of officer of organization
or person publishing and producing. It shall be unlawful for any person
to publish, print, mimeograph, type or otherwise produce any dodger, bill,
handbill, pamphlet or other document which is designed to aid, injure or
defeat any candidate or any political party or organization or measure
before the people unless it is stated therein the name of the chairman or
secretary, or the names of the other officers of the political or other organi-
zation publishing, printing, mimeographing, typing or otherwise producing
such dodger, bill, handbill, pamphlet or other document or the name of
some voter who is responsible therefor with his residence and street address,
if any, together with the name of the publisher, printer or the producer
thereof with his residence and street address, if any, or his place of business.
History: En. Sec. 1, Ch. 74, L. 1951.
94-1476. Violation of preceding section a misdemeanor. Any person
who shall violate the provisions of this act shall be guilty of a misdemeanor.
History: En. Sec. 2, Cli. 74, L. 1951.
437
INDEX
References are to Sections of the Montana Codes and Constitution
ABSENTEE VOTING
Appearance of elector at polls, procedure, 23-1316
opening envelopes after deposit, 23-1317
presence in county, duty to go to polls, 23-1320
voting authorized if absentee ballot not deposited, 23-1315
Application for ballot, contents, time for making, 23-1302
delivery to elector, 23-1305
form, 23-1303
transmission of application to county clerk, 23-1304
Authorization for absentee voting by absent or physically incapacitated persons, 23-1301
Ballots
delivery or mailing by clerks to election judges, 23-1309
mailing by special delivery, 23-1314
delivery to elector, 23-1305
Deposit of ballots in box by judges, 23-1313
Disposition of marked ballots by clerks, 23-1308
Duties of county, city or town clerks, 23-1305 to 23-1308
Duties of election judges, 23-1311, 23-1313
Envelopes for return and affidavit, 23-1306
opening envelopes, 23-1313
False swearing in affidavit, perjury, 23-1318
Form of application, 23-1303
Form of return and affidavit by voter, 23-1306
Marking and swearing to ballot by elector, 23-1307
Numbering ballots issued and received, 23-1311
Physically incapacitated persons, requirements for application, 23-1302
Pollbooks, insertion of names and numbers by judges, 23-1311
Prior voting by prospective absentees, 23-1312
Eecord of ballots, 23-1310
Registration of electors absent from county of residence, 23-1501 to 23-1503
Registration required, 23-1301
Rejected ballots, 23-1311, 23-1313
School district elections, forms and regulations, 23-1303.1
United States servicemen and civilian employees
application form for registration and ballot, 23-1403
classification of applications, 23-1405
definition of electors, 13-1402
oath of elector required, 23-1404
penalties for violations of act, 23-1406
registration, procedure, 23-1401, 23-1403
Violations by elector or officer outside of state, penalty, change of venue, 23-1321
Violations of act, penalties, 23-1318
Voting machines, counting absentee ballots, 23-1319
ADVERTISEMENT
Campaigns, political literature to contain name of publisher, 94-1475, 94-1476
Constitutional amendments, publication and printing, 23-201
Questions submitted to voters, advertisement of, 23-202
AIRPORTS
Establishment by counties and cities, tax levy, 1-804
ALCOHOLIC BEVERAGES
Election day, beer and liquor not to be sold during polling hours, 4-303, 4-414
Local option laws
beer, 4-350 to 4-356
intoxicating liquors, 4-142 to 4-149
retail liquor licenses, election on issuance, 4-431 to 4-437
439
INDEX
References nre to Serfions of the Montana Codes and Constitution
AMENDMENTS TO CONSTITUTION
State constitution, Const. Art. V, § 1, 23-201, 37-105— See CONSTITUTION OF MON-
TANA, Amendments
United States Constitution, convention for ratification, 23-2401 to 23-2411— See CONSTI-
TUTION OF UNITED STATES, Amendments
APPORTIONMENT AND REPRESENTATION
Congressional districts, Const. Art. VI, § 1, 43-107
Legislative apportionment, Const. Art. VI, §§ 2, 3
representative apportionment, 43-106.2
senatorial apportionment, 43-106.1
ARREST
Voters privileged from arrest, limitations, 23-308
ATTORNEY GENERAL
Election, term, qualifications. Const. Art. VII, §§ 1 to 3
BALLOT BOXES
Opening boxes, for inspection, 23-708
Provision of boxes at county expense, design requirements, 23-706
Removal of boxes before polls closed prohibited, 23-708
Return to county clerk after election, 23-1709
Size of opening, 23-707
BALLOTS
Absent electors, voting by, 23-1301 to 23-1321— See ABSENTEE VOTING
United States servicemen and civilian employees, 23-1401 to 23-1406
Arrangement of candidates' names, 23-1107
Clerks, city or county
delivery of ballots to judges, 23-705
duty of county clerks to provide printed ballots, 23-1102
municipal elections, duties of city clerks, 23-1103
Constitutional amendments
federal constitution amendments, delegates to convention, form, 23-2405
state constitution, 23-201, 37-105
Constitutional requirement for elections by ballot. Const. Art. IX, § 1, 23-301
Contents, columns and materials to be printed, 23-1109 to 23-1110
Cost of printing, 23-1101
Criminal offenses, 94-1406— See CRIMINAL OFFENSES, Ballots
Delivery of ballots to voters, restrictions, 23-1207, 23-1209
Distribution, 23-1101
Electronic systems, 23-250] to 23-2507— See ELECTRONIC VOTING SYSTEMS
Form
blank space in margin, 23-1113
color and size, 23-1105
legislative candidates listed under "State and National" column, 23-1109 to 23-1111
short term and long term election for same office, arrangement, 23-1112
stub, size and contents, 23-1114
uniformity of size and printing, 23-1115
voting machines, 23-1607, 23-1608A
Initiative and referendum, ballot, form, 23-1116, 37-106
Instructions to electors, 23-709, 23-1114
Judicial primary ballots, preparation and distribution, 23-2006
Names of candidates to be printed on ballot, 23-1106
arrangement, rotation, 23-1107
Number of ballots to be provided to precincts, 23-1117
Order of listing offices, 23-1111
Party of candidates to be designated on ballot, 23-1106
Primary elections, preparation and arrangement of ballots and notice, printing of
ballots, 23-917 to 23-920
judicial jiriiuary ])!ilIot8, 23-2006
Printing, expenses, distriltntion, 23-1101
Questions submitted to vote of people, 23-1116, 37-106
440
INDEX
References are to Sections of the Montana Codes and Constitution
BALLOTS— (Continued)
Required in all elections, Const. Art. IX, § 1, 23-301
Returns, 23-1701 to 23-1715— See CANVASS OF RETURNS; RETURNS
Rotation of names on ballot, 23-1107
Spoiled ballots, procedure for receiving new ballot, 23-1212
Stubs required, 23-1114
Vacancies after ballots printed, pasters required, 23-1104
Voting machine ballots, 23-1607, 23-l()08A
BEER
Election day, beer establishments closed during polling hours, 4-303
Local option law, election requirements, 4-350 to 4-356
BOARDS OF ELECTION— See JUDGES OF ELECTION, 23-601 to 23-612
BOND ISSUES
Advertisement of questions to be submitted, 23-202, 37-107
Airports, establishment by counties and cities, 1-804
Bridges in cities or towns, construction, election requirements, 32-2903
County bond issues, debt limit, election requirements, Const. Art. XIII, § 5, 16-807,
16-2021 to 16-2028
County water and sewer districts bond issues, election requirements, 16-4517 to 16-4522
Junior high school establishment, issuance of bonds, 75-4150, 75-4153
Municipal bonds, debt limit, election requirements, Const. Art. XIII, § 6, 11-2301 to
11-2312
petitions, signers required, 75-3937
qualification of voters, 75-3938
Municipal revenue bond act of 1939, election requirement, 11-2404
Petitions for bond elections in school districts, cities, towns, and counties, 75-3937
Qualification of voters in bond elections in school districts, towns, or cities, 75-3938
School districts, debt limit, election requirements and procedure. Const. Art. XIII, § 6,
75-3908 to 75-3916
building reserve fund, bond issues, election, 75-3806
petitions, signers required, 75-3937
qualifications of voters, 75-3938
special election for bonding district for erection and purchase of buildings and
school sites, 75-1631
Smoke nuisance abatement, election requirements, 11-2504 to 11-2506, 11-2511
State issues, debt limit, election required, qualifications of electors, registration and
election procedures. Const. Art. XIII, § 2, 23-303 to 23-307
BOOTHS
Electronic voting systems, booths provided, 23-2504
Number required, 23-1206
BRIBERY— See CRIMINAL OFFENSES, Bribery, 94-1423
BRIDGES
Bond issues for construction in cities or towns, election requirement, 32-2903
Tax levy for road and bridge construction, election requirement, 32-3605
CANCELLATION OF REGISTRATION CARDS
Reasons for cancellation. 23-518— See REGISTRATION, Cancellation
CANDIDATES
Corrupt Practices Act, 94-1427 to 94-1474— See CORRUPT PRACTICES ACT
Filing fees
primary elections, nominating petitions, 23-910
special elections, certificate of nomination, 23-808
Ineligibility of candidates and relatives to serve as election clerk or judge, exception
for school district or precinct elections, 23-604.1, 23-604.2
Qualifications, Const. Art. IX, §§ 7, 10, 11— See QUALIFICATIONS FOR OFFICE
441
INDEX
References are to Sections of the Montana Codes and Constitution
CANVASS OF RETURNS
Altering returns, violations, 94-1409, 94-1410— See CRIMINAL OFFENSES, Returns
County canvass
absence of one or more commissioners, procedure, 23-1802
abstracts of state returns, procedure, 23-1812, 23-1813
certificates of election issued by clerk, 23-1808
district judge excepted, 23-1808
county commissioners, powers, ex-officio board of county canvassers, 16-1003,
16-1157, 23.1801
defects in returns, immateriality, 23-1804
highest number of votes elects, declaration by board, 23-1807
meeting to canvass returns, time for, 23-1801
plurality sufficient to elect, Const. Art. IX, § 13, 23-1806
postponement, when authorized, 23-1803
public canvass required, 23-1804
recount board, composition, 23-2314
recounts, equal number of votes, duty of board, 23-1807
statement of result, contents, 23-1805
Defects in form of returns, effect, 23-1804, 23-1817
Electronic systems, counting votes, 23-2505— See ELECTRONIC VOTING SYSTEMS
Judges of election, canvass by
comparing tally sheets with number of votes cast, 23-1705
counting votes, procedure, 23-1705
determining ballots to be counted, 23-1704
excess of ballots over names on pollbooks, procedure, 23-1703
folded ballots, procedure, 23-1702
forms for returns, copying total vote for each candidate, 23-710, 23-711
packaging returns for delivery to county clerk, 23-1709 — See RETURNS
pollbooks, signing and certification of, 23-702, 23-1708
primary elections, 23-907, 23-908
public canvass required, 23-1701
rejection of ballots, grounds for, procedure, 23-1702 to 23-1704, 23-1706, 23-1707
stringing of voted ballots, 23-1706
time for canvass, 23-1701
voting machines used, procedure, 23-1610, 23-1611
Machines used, counting votes, election returns, 23-1610, 23-1611
Municipal elections, canvass, when and how made, 11-718
Plurality sufficient to elect, Const. Art. IX, § 13, 23-1806
Primary elections, 23-921 to 23-923
Recount of ballots, 23-2301 to 23-2323— See RECOUNT OF BALLOTS
tie vote for state legislative office, duty of state recount board, 23-1807
Representatives to congress, canvass, procedure, 23-2204
State canvass
abstracts of state returns, procedure by county board, 23-1812, 23-1813
commissions issued to persons elected to office, 23-1816
composition of board, meeting, 23-1814
defects in returns, immateriality, 23-1817
delinquent returns from county, sending for, 23-1815
meeting, time for, 23-1814
primary election, 23-922
recount, proceedings by state board, 23-2319
Violations of election laws, penalties, 23-1819
CEMETERY DISTRICTS
Alteration of boundaries, notice, powers of county commissioners, 9-213 to 9-215
Election procedure, 9-205
Organization of district, government, powers, 9-206 to 9-208
Procedure by county commissioners on petition to establish cemetery district, 9-202
to 9-204
Public cemetery district act adopted, authorized territory, 9-201
Tax levy, budget, disbursement of tax proceeds, 9-209, 9-209.1
Trustees of district, regulations, 9-210
qualifications, generally, 16-2402
Validating act, warrants, 9-209.2, 9-209.3
Withdrawal of portion of district, procedure, 9-211, 9-212
442
(
INDEX
References are to Sections of the Montana Codes and Constitution
CERTITICATES OF ELECTION
Congressional elections, certificates issued by governor, 23-2205
County commissioners, general powers, 16-1003, 16-1157, 23-1808
State canvass, governor to issue commissions, 23-1816
CHALLENGE OF VOTERS
Conviction of crime, grounds for challenge, 23-1223
Determination of challenge by judges, proceedings, 23-1227
Determination of validity, procedure, 23-1224
Grounds for challenging, 23-1220
Identity of voter not established, proceedings, 23-1221
List of challenges and names of challenged voters, 23-1228
Marking ballot by chairman of board of judges, when not violation of Corrupt Practices
Act, 94-1446
Previous voting on same day, ground for challenge, 23-1222
Primary elections, 23-532
Refusal to take oath by challenged voter, effect, 23-1226
Registration, filing affidavit of challenge, procedure, 23-521
Trial by election judges, 23-1225
CITIES AND TOWNS
Airports, establishment of, tax levy, 1-804
Annexation
annexation of city or town to contiguous city or town, election, 11-405
inclusion of territory, petition and election, 11-506, 11-507
application of act, 11-510
property which may not be annexed, 11-508, 11-509
Bond issues, election required, 11-2301
petition for election, procedure, 11-2306, 11-2307
signers required, 75-3937
procedure for holding election, notice, etc., 11-2308 to 11-2312
qualifications of voters, 75-3938
Bond issues, revenue bond act of 1939, election requirements, 11-2404
Bridges, construction, bonds, election requirements, 32-2903
Bus lines, contracting indebtedness, election requirements, 11-1019 to 11-1022
Change in classification, election of new officers, 11-303
Commission form of government
abandonment of commission form, election, 11-3135
authority of city to reorganize under commission form, 11-3101
franchises, submission to electors, 11-3126
officers, election
bribery in election, penalty, 11-3116
campaign expenses, filing requirements, 11-3128
councilmen, number, vacancies, 11-3109
electioneering prohibited, 11-3127
fees for filing for office, 11-3115
nomination of candidates for general municipal elections, primary election,
11-3112, 11-3113
payments by candidates prohibited, penalty, 11-3114
special election for mayor and councilmen, 11-3106, 11-3107
terms of office, 11-3110, 11-3111
ordinances, procedure, taking effect and suspension, 11-3133, 11-3134
appropriations, notice requirements, 11-3126
petitions, requirements of, 11-3136
primary election, 11-3112
fees for filing for office, 11-3115
general election unnecessary, when, 11-3113
recall of elective officers, procedure, filling vacancy, 11-3132
reorganization question, petition and order of election, 11-3102
ballots, form, 11-3104
certificate of result of election, 11-3105
proclamation of election, 11-3103
saving provisions, 11-3108, 11-3137
Commission-manager form of government
abandonment of plan, election, 11-3330
443
INDEX
References are to Sections of the Montana Codes and Constitution
CITIES AND TOWNS— (Continued)
Commission-manager form of government — (Continued)
authority of city to reorganize under commission-manager form, 11-3201
commissioners
bond, 11-3244
bribery in election, penalty, 11-3229
campaign expenses, filing requirements, ] 1-3219
compensation, 11-3248
meetings, 11-3249
nomination of candidates, primary election, procedure, 11-3215 to 11-3217
dispensing with general election, when, 11-3218.1
number, 11-3211
oath, 11-3244
payments by candidates prohibited, penalty, 11-3228
qualifications, restrictions on, 11-3214
quorum, 11-3247
recall, petition, election procedure, 11-3220 to 11-3227
reorganization, special election, 11-3206, 11-3207
term of office, 11-3212
unauthorized absence creates vacancy, 11-3249
vacancies, filling, 11-3213
elections, dates for holding, 11-3218
mayor, designation, vacancy, powers and duties, 11-3245
compensation, 11-3248
recall, selection of successor, 11-3246
name, "commission-manager plan," 11-3211
ordinances
effective date of ordinances of commission, 11-3237
initiated ordinances, petition for, procedure, 11-3230 to 11-3236
referendum on ordinances, petition, procedure, 11-3237 to 11-3243
organization of communities or groups of communities, 11-3209
powers of municipalities under commission-manager plan, 11-3210
primary election, nomination of candidates, procedure, 11-3215 to 11-3217
dispensing with general election, when, 11-3218.1
qualifications of electors, penalty provisions, 11-716, 11-3229
recall of commissioners, petition, election procedure, 11-3220 to 11-3227
recall of mayor, selection of successor, 11-3246
reorganization question, petition and order of election, 11-3202
ballots, form, 11-3204
certificate of result of election, 11-3205
limitation on next election, 11-3205
proclamation of election, 11-3203
Consolidation of citv and county. Const. Art. XVI, §7; 11-3401 to 11-3405; 11-3417 to
11-3431; 11-3530 to 11-3539— See CONSOLIDATED CITY AND COUNTY GOVERN-
MENT
Contracts for construction, supplies or materials, contracts over three years, election
required, 11-1202
Debt limit, increase, election required, Const. Art. XIII, § 6
Elections, general provisions
annual election of officers, 11-709 — See Officers, below
ballots
clerk to perform duties prescribed for county clerks, 23-1103
declination of nomination, time for, 23-810
delivery to judges of election, 23-705
printing and distribution, expenses, 23-1101
judges and clerks of elections, appointment, 11-717
precinct registers, duties of county clerks, 23-515, 23-519
primary election law, application to cities and towns, 23-904
qualifications of electors, 11-716
registration requirements, 11-715
taxpayers, definition for purposes of election. Const. Art. IX, § 12, 23-311
time for holding, 11-709
voting machines, 23-1601 to 23-1618— See VOTING MACHINES
voting places, requirements, 11-717
wards, provisions relating to, 11-707, 11-708, 23-401, 23-403, 23-405— See WARDS
Fire districts in unincorporated territory, election and powers of trustees, 11-2010
Flood control and water conservation, bonds, tax levy, election requirements, 89-3312
Form of government, adoption of new form, election required. Const. Art. XVI, §§ 7, 8
Franchises, granting of, election requirements and procedure, 11-1206 to 11-1209
Gas systems, incurring indebtedness for, election requirements, 11-988
444
INDEX
References are to Sections of the Montana Codes and Constitution
CITIES AND TOWNS— (Continued)
Incorporation of cities and towns
election of officers, conduct of election, 11-205, 11-206
election on incorporation, how conducted, 11-204
old officers continued in office, 11-209
petition and census, requirements, 11-203
Initiative and referendum
ballots, 11-1111
commission form of government, 11-3126, 11-3133, 11-3134
commission-manager form of government, 11-3230 to 11-3243
conduct of proceedings, applicable laws, 11-1113
effective date of ordinance, 11-1106
forms of petitions, 11-1113
petitions
initiative, 11-1104
referendum, 11-1107
submission of initiated or referred measure at regular election, 11-1105
proclamation of election, 11-1110
qualifications of voters, 11-1112
referendum, to what ordinances applicable, 11-1114
special election authorized, 11-1108, 11-1109
voting method, 11-1111
Municipal courts, judges, election, term, 11-1703
Officers
aldermen, terms, qualifications, 11-711, 11-714
bonds, 11-719
canvass of election, when and how made, 11-718
changes in classification, election of new officers, 11-303
clerks of election, 11-717
commission form, first election, 11-3106
commission-manager form, first election, 11-3206
date for beginning of term, 11-720
election, annual election, 11-709
first class city officers enumerated, 11-701
incorporation, first election of officers, 11-205, 11-206, 11-209
judges of elections, 11-717
mayor, term, qualifications, 11-709, 11-710
oath, 11-719
qualifications, general requirement, 11-713
constitutional requirements. Const. Art. IX, §§ 7, 10, 11
qualifications of electors, 11-716
registration for election, requirements, 11-715
second class city officers enumerated, 11-702
terms of office, 11-709, 11-711, 11-712
third class city officers enumerated, 11-702
tie vote, how decided, 11-718
town officers enumerated, 11-703
vacancies, how filled, 11-719, 11-721
voting places, requirements, 11-717
Ordinances, initiative and referendum 11-1104 to 11-1114 — See Initiative and refer-
endum, above
commission form of government, petitions and procedure, 11-3133, 11-3134
commission-manager form of government, petitions and procedures, 11-3230 to
11-3243
consolidated city and county government, petitions and procedure, 11-3417 to
11-3431
effective date of ordinance, 11-1106
Parking commissions, revenue bonds, election requirements, 11-3703
Parking meterS; election requirements, 11-1015 to 11-1017
Parks, authority to incur indebtedness, election requirement, 62-201
Property, sale or lease, election requirements, 11-964
Public works, indebtedness incurred for, election requirements, 11-966
Sewage systems, establishment authorized, revenue bonds, election requirements, 11-221,7,
11-2218
Smoke nuisance abatement, bonds, election requirements, 11-2504 to 11-2506, 11-2511
Special improvement district revolving funds
loans for paying warrants, election requirement, 11-2271
supplemental fund from parking meter revenue, creation and maintenance, bonds
authorized, election requirements, 11-2275, 11-2276
445
INDEX
References are to Sections of the Montana Codes and Constitution
CITIES AND TOWNS— (Continued)
Street fund, excess expenditures, election required, 84-4704
Swimming pools, indebtedness for, election requirements, 11-1008
Taxation, excess tax levy, election required, procedure. Const. Art. XIII, § 6
ballots, 84-4709
notice of election, 84-4707
object of levy to be stated in submission of question, 84-4708
registration of electors, 84-4710
"Taxpayers" defined for election purposes, Const. Art. IX, § 12, 23-311
Urban "renewal projects and plans, bonds, election requirements, 11-3906
Wards, provisions relating to, 11-707, 11-708, 23-401, 23-403, 23-405— See WARDS
Water supply, sewerage system, indebtedness incurred for, election requirement, Const.
Art. XIII, § 6, 11-966
Water supply systems, establishment authorized, revenue bonds, election requirements,
11-2217, ll'-22i8
CLERKS OF ELECTION
Appointment by judges, qualifications, 23-607
Candidates and relatives ineligible for appointment, 23-604.1
school district and precinct elections excepted, 23-604.2
Challenges, 23-1220 to 23-1228— See CHALLENGE OF VOTERS
Compensation, 23-605
Municipal elections, 11-717
Oath of clerk, 23-610
Oaths, power to administer, 23-611
Pollbooks, duty to keep, 23-1219
COMMISSION CITIES — See CITIES AND TOWNS, Commission form of government,
11-3101 to 11-3137
COMMISSION-MANAGER CITIES— See CITIES AND TOWNS, Commission-manager
form of government, 11-3201 to 11-3249
COMMITTEEMEN AND COMMITTEEWOMEN
Election, organization, powers and duties, 23-929
COMMUNITY COLLEGES
Accreditation by state board of education, 75-4414
Annexation of school districts to college district, election on, 75-4430
Boundaries of district to coincide with school district boundaries, 75-4415
Budgeting laws applicable, 75-4425
Buildings, construction, repair and acquisition authorized, 75-4426
Contracts for bulding, maintenance and supplies, advertising and bids required, 75-4422
Corporate powers of district, 75-4413
Courses of instruction, determination, 75-4423
Donations, acceptance authorized, 75-4427
Election on organization of district, 75-4416
notice of election, publication, conduct of election, 75-4418
trustees elected at same time, 75-4417 J
Employment of teachers and personnel, 75-4424 1
Equalization aid, participation in, 75-4425
Federal and state aid, acceptance authorized, 75-4426
Foundation program, participation in, 75-4425
Junior college district, conversion to community college district, 75-4429
Name of district, 75-4413
Officers of district, selection, 75-4419
Petition for organization of district, filing, 75-4416
Population required for formation of district, 75-4413
Property valuation required for formation of district, 75-4413
Retirement system for teachers and trustees, 75-4424
School district law not applicable, 75-4413
State aid, 75-4425
State board of education to supervise districts, 75-4414
Studies and surveys by state board of education, 75-4414
Surplus property of school districts, use by college district, 75-4428
Tax levy authorized, 75-4425, 75-4426
Trustees of district, districts represented and terms of oflSce, 75-4417
election of trustees, 75-4420
first trustees, election, 75-4416
I
446
I
INDEX
Referencps art> to Sections of the Montana Codes and Constitution
COMMUNITY COLLEGES— (Continued)
Trustees of districts — (Continued)
interest in contracts prohil)itcd to trustees, 75-4422
meetings of board, 75-4421
oath of office of trustees, 75-4419
organization and officers of board, 75-4419
quorum for transaction of business, 75-4419
vacancies on board, filling, 75-4419
Tuition charges, determination and approval, 75-4423
CONDUCT OF ELECTIONS— See POLLS, 23-1201 to 23-1228
CONGRESSIONAL ELECTIONS
Certificate of election issued by governor, 23-2205
Congressional districts, Const. Art. VI, § 1, 43-107
Representatives
returns, canvass, 23-2204
tie vote, procedure, 23-1901
time for elections, 23-2203
Eesidence requirements for election or appointment, 23-2206
Senators
procedure for nominations and elections, applicable law, 23-2201
temporary appointment by governor, 23-2202
time for elections, 23-2201
vacancy, procedure for filling, 23-2201, 23-2202
CONSOLIDATED CITY AND COUNTY GOVERNMENT
Appointees, political participation prohibited, penalties, 11-3549 to 11-3551
Authority for consolidation, 11-3401
Commissioners
first election of commissioners, 11-3405
officers to act, 11-3530
nomination, primary election, petitions and procedure, 11-3531 to 11-3538
notice of elections, 11-3538
recall of commissioners, petitions and procedure, 11-3540 to 11-3547
tie votes, procedure, 11-3539
Effective date of merger, 11-3559
Election on question of consolidation, Const. Art. XVI, § 7
ballot, form, 11-3404
notice, 11-3403
officers to act, 11-3530
petition, form, 11-3402, 11-3403
resolution declaring creation of consolidated government, 11-3559
Franchises, election requirements, 11-3417
Legal status of consolidated municipality, 11-3559
Ordinances
effective date, 11-3417
initiative, petitions and procedure, 11-3419 to 11-3424
petitions for initiative or referendum, signatures, affidavit, 11-3429
amendments to petitions, 11-3431
certification and filing, 11-3430
recording and publishing, 11-3418
referendum, petitions and procedure, 11-3425 to 11-3428
Petition for consolidation, form, 11-3402, 11-3403
Petitions for initiative, referendum or recall, requirements and procedure, 11-3429 to
11-3431
Primary election, petitions and procedure, 11-3531 to 11-3538
Recall of commissioners, petition and procedures, 11-3540 to 11-3547
petitions, requirements and procedure, 11-3429 to 11-3431
Resolution declaring creation of consolidated government, 11-3559
CONSTITUTION OF MONTANA
Altering or abolishing constitution, rights of people. Const. Art. Ill, § 2
Amendments
attorney general's summary, placement on ballot, 37-104.1
ballot, form, 37-105
constitutional convention, questions submitted to electors. Const. Art. XIX, § 8
legislative authority of state, powers of legislative assembly and of people. Const.
Art. V, § 1
printing and distribution, requirements, 23-201, 37-107
proposed amendments, submission to electors, Const. Art. XIX, § 9
447
INDEX
References are to Sections of the Montana Codes and Constitution
CONSTITUTION OF UNITED STATES
Amendments, convention to ratify, 23-2401
compensation of delegates and officers, 23-2408
delegates to convention, election procedure, 23-2402
ballots, form of, 23-2405
nomination, 23-2403
federal acts to supersede state provisions concerning amendments, 23-2411
officers, 23-2407
procedure, 23-2407
qualifications of signers of petitions and electors, 23-2410
quorum, 23-2407
results of election, determination of, 23-2404
ballot, form of, 23-2405
time for convention of delegates, 23-2406
Changes in form of state government not to be repugnant to. Const. Art. Ill, § 2
CONTEST OF ELECTIONS— See also RECOUNT OF BALLOTS, 23-2301 to 23-2323
Alcoholic beverages, local option elections
beer sales, election on, 4-356
intoxicating liquor sales, election on, 4-149
retail liquor license issuance, election on, 4-436
Corrupt practices, grounds for contest of nomination or office, 94-1464
advancement of cases, 94-1471
contents of contest petition, 94-1467
form of complaint, 94-1472
grounds, 94-1464
hearing of contest, 94-1468
nomination or election not to be vacated, when, 94-1465
procedure, 94-1467
reception of illegal votes, allegations and evidence, 94-1466
time for commencing contest, 94-1459
witnesses, privileges, 94-1471
Primary election, notice, procedure, 23-926 to 23-928
CONVENTIONS
Nomination of candidates by convention, 23-801 to 23-820— See NOMINATIONS, Con-
vention, primary meetings, or electors
Political parties, county and state conventions, expenses, 23-929, 23-1008
United States Constitution, convention to ratify amendments, 23-2401 to 23-2411 — See
CONSTITUTION OF UNITED STATES
CORRUPT PRACTICES ACT— See also CRIMINAL OFFENSES, 94-1401 et seq.
Betting or wagering on election results prohibited, 94-1448
Candidates for nomination, limitation on expenditures by or for, 94-1427
Candidates with nomination for election, limitation on expenditures by or for, 94-1428
Challenging voters, procedure, 94-1446
Coercion of voters, 94-1447
Compensating voter for loss of time prohibited, 94-1451
Contest of nomination or office, violations as grounds for, 94-1464 — See CONTEST OF
ELECTIONS, Corrupt practices
Contributions from corporations and public utilities prohibited, 94-1444
Contributions in name of undisclosed principal prohibited, 94-1437
Copies of act to be furnished certain public officers and candidates, 94-1432
Corporations, proceedings against for violations of act, 94-1469
Corrupt practice, what constitutes, 94-1450
County attorneys, duties upon violation of act, 94-1462
Declaration of result of election after rejection of illegal votes, 94-1463
Definition of terms, 94-1429
Demands or requests wliich are not to be made of candidates, 94-1443
False oaths or affidavits, perjury, 94-1474
Forfeiture of nomination or office for violation of act, 94-1458
when not forfeited, 94-1457
Form of complaint under act, 94-1472
Form of statement of expenses, 94-1473
Inducing person to accept or decline nomination, penalty, 94-1456
Inducing person to be or not to be candidate prohibited, 94-1442
Inspection of accounts, 94-1433
Jurisdiction of courts over proceedings, 94-1460
448
INDEX
References are to Sections of the Montana Codes and Constitution
CORRUPT PRACTICES ACT— (Continued)
Newspaper and periodical advertisements, 94-1452
Penalties for violations not otherwise provided for, 94-1470
Personating another elector, penalty, 94-1449
Political badges, buttons or insignia prohibited from being worn near polls, 94-1451
Political committees
accounts of receipts, payments and liabilities required, 94-1431
required to have treasurer, 94-1431
statement and vouchers, 94-1431
Political criminal libel, 94-1454
Promise to procure appointment or election prohibited, exceptions, 94-1438
Prosecutions for failure to file statement, 94-1434
Providing food, drink or entertainment for purpose of having person give or refrain
from giving his vote, prohibited, 94-1445
Publications in newspapers and periodicals, requirement stating it is a paid advertise-
ment, 94-1452
Public officers or employees not to contribute funds, 94-1439
Public officers prohibited from acting as delegates or members of political committee,
exceptions, 94-1440
Record of statements, copies, 94-1436
Solicitation of votes on election day, penalty, 94-1453
Statement by candidate as to moneys expended, 94-1430
filing after election, 94-1430
penalty for failure to make, 94-1430
Statement of expenses by candidate, failure to file, candidates name not to be printed
on official ballot, 94-1455
Statement of expenses, form, 94-1473
Statement of receipts, 94-1433
court may compel filing, 94-1435
may be ordered, 94-1433
prosecutions for failure to file, 94-1434
Successful candidate's statement of expenses, failure to file, name not to be printed
on official ballot, 94-1455
Transfer of convention credential in return for payment of money or other valuables
prohibited, 94-1441
Undue influence of voters, 94-1447
COUNTIES
Abandonment authorized, 16-4001
election required, governor to call. Const. Art. XVI, § 8, 16-4005
canvass of returns, 16-4008
notice of election, 16-4006
petition for abandonment, requirements and procedure, 16-4002
action on petition, adverse petition, duties of county clerk, 16-4003
determination of sufficiency, 16-4004
proclamation of result, 16-4008
notice of election, 16-4006
question to be submitted, 16-4007
result to determine abandonment, 16-4009
Airports, establishment of, tax levy, 1-804
Bond issues, petition and election required, 16-2021
ballots, form of, 16-2025
canvass of returns, 16-2028
conduct of election, 16-2025
hours of election, 16-2024
notice of election, 16-2024
officers of election, 16-2024
percentage of votes required to authorize issue, 16-2027
petition, requirements, 16-2021 to 16-2023
signers required, 75-3937
qualified voters, 16-2026
registration for election, 16-2026
resolution for bond issue, 16-2028
Borrowing money, election required, 16-2301
amount borrowed, determination by commissioners, 16-2302
ballots, form, 16-2304, 16-2306
conduct of election, 16-2306
exception to election requirement, 16-2301
449
INDEX
References are to Sections of the Montana Codes and Constitution
COUNTIES— (Continued)
Borrowing money — (Continued)
majority of votes in favor, loan may be made, 16-2305
notice of election, 16-2303
Bridge construction
bond issues, construction in cities or towns, election requirements, 32-2903
tax levy for road and bridge construction, election requirement, 32-3605
Cemetery district act, 9-201 to 9-215— See CEMETERY DISTRICTS
Consolidation of city and county, Const. Art. XVI, §7; 11-3401 to 11-3405; 11-3417 to
11-3431; 11-3530 to 11-3559— See CONSOLIDATED CITY AND COUNTY GOVERN-
MENT
Consolidation with other county or counties, election required, Const. Art. XVI, § 8
County manager form of government authorized, 16-3901
petition and election, requirements, 16-3902
recall of county commissioners, procedure, 16-3923
Creation, authority for creation of new counties, 16-501
applicability of general laws to new counties and officers, 16-411
assessed valuation, determination, 16-502
county commissioners, election, 16-509
county seats, meeting of commissioners, 16-401 — See COUNTY SEATS
division into township, road and school districts, 16-505
election, requirements and procedure, 16-505
declaration of creation, effect of adverse vote, 16-506
limitations on creation, determination of assessed valuation, 16-501, 16-502
petition for creation of new county, requirements and procedure, 16-504
publication of notices by posting, 16-517
saving provisions, 16-520
violations by officers, penalty, 16-519
Debt limit, election required for increase, Const. Art. XIII, § 6, 16-807
Emergency expenditures, limitations, election requirements, 16-1907
Flood control and water conservation, indebtedness and bonds, election requirements,
89-3312
Form of government, adoption of new form, election required, Const. Art. XVI, §§ 7, 8
Libraries, county and regional libraries, transfers by governmental units, election, 44-213
Officers— See COUNTY COMMISSIONERS; COUNTY OFFICERS
Printing, commissioners to contract for, 16-1230
Proclamations, election proclamations, procedure by commissioners, 23-103 to 23-106
Public improvements, special elections, 23-102
Road construction, tax levy for, election requirement, 32-3605
Smoke abatement, bonds, election requirements, 11-2504 to 11-2506, 11-2511
"Taxpayers" defined for election purposes. Const. Art. IX, § 12, 23-311
COUNT OF VOTES
Canvass of returns, 23-1701 to 23-1715; 23-1801 to 23-1819— See CANVASS OF RE-
TURNS
public canvass required, 23-1701, 23-1804
Electronic systems, counting of votes, 23-2505— See ELECTRONIC VOTING SYSTEMS
Recounts, 23-2301 to 23-2323— See RECOUNT OF BALLOTS
COUNTY ATTORNEY— See also COUNTY OFFICERS
Election, term, qualifications, Const. Art. VIII, § 19, 16-2406
Vacancy, filling, Const. Art. VIII, § 34
COUNTY CLEEK— See also COUNTY OFFICERS
Absentee voting, duties of county clerks, 23-1305 to 23-1308
Ballots and stamps, delivery to judges of elections, 23-705
Ballots, duty to provide, 23-1102
Election, term, Const. Art. XVI, § 5, 16-2406
Initiative and referendum, verification of signatures on petitions, 37-103
Instructions to electors, 23-709
Precinct register, duties, 23-304, 23-515
card index, duties, 23-502
Primary election notices, preparation, 23-903
Recount board, clerk of, 23-2315
Registration, clerk as county registrar, 23-501— See REGISTRATION
Returns, duties regarding, 23-1711 to 23-1715 — See RETURNS
forms for transmission of returns, tinted sheets, procedure, 23-710 to 23-713
State indebtedness, publication of notice of elections, 23-303
State tax levies or bond issues elections, duties regarding, 23-305
450
I
INDEX
References nre to Sections of the Montnna Codes and Constitution
COUNTY COMMISSIONERS— See also COUNTY OFFICERS
Canvass of election returns, 23-1801 to 23-1819— See CANVASS OF RETURNS, County
canvass
County manager form of government, recall of commissioners, procedure, 16-3923
Elections, powers concerning, 16-1003
Election, terms, commissioner districts, Const. Art. XVI, § 4, 16-2407
new county, election, 16-509
tie vote, district judge to appoint, 23-1902
Judges of elections, duties to appoint, 23-601 to 23-603
instruction of judges, 23-612
Notices of elections, mailing, 23-608
Pollbooks, duty to furnish, 23-701
Precincts, establishment, change in boundaries, 23-401, 23-402
Printing, duty to contract for, 16-1230
Recount of ballots, duties as county recount board, 23-2314 to 23-2318
Registration, duties to supply help to county clerk, 23-534
Supplies for elections, duties to furnish, 16-1156, 23-704
Voting machines, purchase of, 23-1603
COUNTY HIGH SCHOOLS— See HIGH SCHOOLS AND HIGH SCHOOL DISTRICTS,
75-4103 et seq.
COUNTY MANAGER PLAN
Authority to adopt county manager form of government, 16-3901
Petition and election requirements, 16-3902
Recall of county commissioners, procedure, 16-3923
COUNTY OFFICERS
Election, terms, Const. Art. XVI, § 5, 16-2406
Enumeration of officers of county, 16-2403
Legislature may provide for other officers, Const. Art. XVI, § 6
Qualifications for office, general qualifications, 16-2401
constitutional requirements, Const. Art. IX, §§ 7, 10, 11
Tie vote, procedure, 23-1902
Vacancies, filling, 16-2406
COUNTY SEATS
Location
applicability of general laws to new counties and officers, 16-411
cities and towns eligible for county seat, 16-503
election to determine permanent location, requirement for, 16-402, 16-403
applicability of general election laws, 16-407
ballot, form, 16-408
ballots, books and records, furnishing, 16-406
canvass of returns, 16-409
division of county into registration and polling precincts, 16-404
judges, 16-406
re-election in case of failure to select county seat, 16-410
registration of voters, 16-405
existing counties, applicability of act, 16-412
meeting and organization of commissioners, 16-401
temporary county seat, 16-401, 16-402, 16-410, 16-505
New counties, location of boundaries with respect to existing county seats, 16-501
Removal
authority to remove county seat more than once, 16-309
election, time for holding, Const. Art. XVI, § 2, 16-302
declaration of place selected as county seat, 16-306
notice and conduct of election, 16-303
publication of results, 16-305
second election prohibited for four years, 16-308
voting for preference, 16-304
petition for removal, requirements, 16-301
statement of result and notice submitted to secretary of state, 16-307
COUNTY SUPERINTENDENT OF SCHOOLS
Qualifications for office, election, term, Const. Art. IX, § 10, 75-1501 to 75-1504
451
INDEX
References are to Sections of the Montana Codes and Constitution
COUNTY TEEASUREEr— See also COUNTY OFFICERS
Election, term, Const. Art. XVI, § 5, 16-2406
State tax levies or debts, election duties, 23-307
COUNTY WATER AND SEWER DISTRICTS
Additions to district, procedure, 16-4531
Authority for organization of districts, 16-4501, 16-4502
Bond issues, election required, 16-4517
canvass of returns, 16-4521
date and conduct of election, 16-4518
notice of election, publication, 16-4519, 16-4520
vote required for approval, 16-4522
Consolidation of districts, petition and procedure, 16-4531
Directors, first election, terms of office, 16-4506
Election on question of organization required, procedure, 16-4505
informality not to invalidate election, 16-4513
Elections of officers
applicable election laws, 16-4508
directors, terms, 16-4506
informality in proceedings not to invalidate elections, 16-4513
nominations of officers, petitions, requirements and procedure, 16-4507
qualifications of officers, generally, 16-2402
recall of officers, 16-4509
Ordinances, initiative and referendum procedures applicable, 16-4529, 16-4530
Petition, requirements and procedure, 16-4503
hearing on petition, powers of commissioners, 16-4504
Recall of officers, 16-4509
COURTS— See DISTRICT COURT; JUSTICES OF THE PEACE; MUNICIPAL
COURTS; SUPREME COURT
CRIMINAL OFFENSES— See also CORRUPT PRACTICES ACT, 94-1427 to 94-1474
Absentee voting, violations, penalties, 23-1318, 23-1320, 23-1321
absent voters in United States service, violations, 23-1406
Appointments to office, unlawful for candidate to make offer, 94-1416, 94-1417
Attendance of electors, furnishing money or entertainment for, violations, 94-1415
Ballots
changing or altering, violations, 94-1406 to 94-1410
forging official endorsement, 94-1412
fraudulent voting, 94-1403
removing from polling place, 94-1414
showing to other persons, 94-1414
violations in placing in boxes, 23-1214
Betting on election prohibited, 94-1421, 94-1448
Bribery, enumeration of violations, 94-1423
appointments to office, unlawful for candidate to offer, 94-1416, 94-1417
elector, inducing to vote differently from what elector intended or desired, 94-1411
employers, unlawful acts of, 94-1424
fines paid into school funds, 94-1425
furnishing money or entertainment for electors, 94-1415
members of legislative caucus, political convention or gathering, bribery of,
94-1418
nomination paper, bribery to sign, 23-933
violations void election, 94-1426
Corrupt practices, 94-1427 to 94-1474— See CORRUPT PRACTICES ACT
contest of nomination or office, grounds for, 94-1464 — See CONTEST OF ELEC-
TIONS, Corrupt practices
Electioneering, prohibited on election day, 23-1207, 94-1414
officers of election, violations, 94-1413
Election laws, general penalty clause, 94-1422
Election laws, penalties for violations, applicable sections, 23-1819
Employers, unlawful acts, 94-1424
fines paid into school funds, 94-1425
violations void election, 94-1426
Forging or altering returns, 94-1408
Forging or falsely making official endorsement on ballots, 94-1412
452
INDEX
References are to Sections of the >roiitnna Clodes and Constitution
CRIMINAL OFFENSES— (Continued)
Fraudulent attempts to vote without being qualified or to vote more than once, misde-
meanor, 94-1404
Fraudulent registration, felony, 94-1402
Fraudulent voting, 94-1403
Instructions to voters, destroying, 941414
Interference with voters, 23-1207
Intimidating, corrupting, deceiving or defrauding electors, 94-1411
Literature to contain name of publisher, 94-147'), 94-1476
Meetings of electors, preventing or disturbing, 94-1419, 94-1420
Money or entertainment furnished electors, violations, 94-1415
Multiple voting, misdemeanor, 94-1404
Nomination papers
bribery to sign nomination paper, 23-933
defacing or destroying certificates, 94-1412
filing false certificate, 94-1412
Nominations, primary elections, violations, 23-925, 23-931 to 23-935
Nominations, special elections, violations, 23-817 to 23-820
Officers, violation of election laws, felony, 94-1401
Political literature to contain name of publisher, 94-1475, 94-1476
Primary elections, violations, 23-925, 23-931 to 23-935
Procuring illegal voting, 94-1405
Public meetings of electors, preventing or disturbing, 94-1419, 94-1420
Registration law, violations, 23-506, 23-531 to 23-533
fraudulent registration, felony, 94-1402
Returns
changing or altering, violations, 94-1406 to 94-1410
transmitting for publication, penalty for violations, 23-713
Supplies, removing or destroying, 94-1414
Voting machines, penalties for violations, 23-1612 to 23-1616
DEBT LIMITS
County limit, election required for increase. Const. Art. XIII, § 5, 16-807
Municipal limit. Const. Art. XIII, § 6
State limit, election required for increase, procedure. Const. Art. XIII, § 2, 23-303 to
23-306
qualification of electors, 23-307
DIRECT PRIMARIES— See NOMINATIONS, Direct primary, 23-901 to 23-936
DISABLED PERSONS
Absentee voting procedure, 23-1301 to 23-1321— See ABSENTEE VOTING
Assistance by judges, procedure, 23-1213
Registration procedure, 23-504
DISTRICT COURT
Canvass of election returns, certificate to district judge not required, 23-1808
Clerk, election, term. Const. Art. VIII, § 18
vacancy, filling. Const. Art. VIII, § 34
Department in district with more than one judge considered independent office for elec-
tion purposes, 23-2001
Election and term of office of judges. Const. Art. VIII, § 12, 16-2408
Judicial districts. Const. Art. VIII, §§ 12, 13
enumerated, 93-301, 93-301.1, 93-301.2
new countv, designation of judicial district, 16-507
Nomination of judges. Nonpartisan Judiciary Act, 23-2001 to 23-2014— See NOMINA-
TIONS, Judicial offices
Number of judges, 93-302
Qualifications for office of judge. Const. Art. VIII, § 16
Tie vote in election of judges, procedure, 23-1904
Vacancies in office of judge, filling, Const. Art. VIII, § 34, 93-309
vacancies after nomination and before election, how filled, 23-2011
DRAINAGE DISTRICTS
Election of commissioners
conduct of election, 89-2304
453
INDEX
References are to Sections of the Montana Codes and Constitution
DRAINAGE DISTRICTS— (Continued)
Election of commissioners — (Continued)
nomination of candidates, 89-2306
notice of election, 89-2303
qualifications and voting rights of electors, 89-2305
term of office, 89-2301, 89-2302
time for election, 89-2302
ELEOTIONEERINO
Prohibition against electioneering on election day, violations, 23-1207, 94-1413, 94-1414
ELECTION LAWS
Duty of secretary of state to publish in pamphlet form, 23-1818
Violation of election laws, penalties, 23-1819
Violations, general penalty clause, 94-1422
ELECTORS, QUALIFICATIONS AND PRIVILEGES— See QUALIFICATIONS AND
PRIVILEGES OF VOTERS, Const. Art. IX, § 2; 23-301 to 23-311
ELECTORS, REGISTRATION— See REGISTRATION OF VOTERS, 23-501 to 23-534
ELECTRONIC VOTING SYSTEMS
Abandonment of system, 23-2503
Adoption of system authorized, 23-2503
Booths to be provided for voters, 23-2504
Closing of polls where system used, 23-2505
Counting of votes, 23-2505
Damaged or defective ballots, disposition, 23-2505
Definition of term, 23-2502
Experimental use of system, 23-2503
General election laws applicable, 23-2507
Order of information on ballot, 23-2504
Precinct boundary changes where system used, 23-2503
Preparation of devices for election, 23-2504
Presidential voting by single punch or mark required, 23-2506
Primary elections, use of systems at, 23-2503
Purpose of act, 23-2501
Return of votes, 23-2505
Rules and regulations for administration, 23-2506
Sample ballots, cards and labels provided, 23-2504
Sealing and delivery of ballots to counting location, 23-2505
Secret voting required, 23-2506
Specifications for systems, devices and equipment, 23-2503, 23-2506
Testing of equipment prior to election, 23-2504
Write-in ballots to be provided, 23-2504
O
GENERAL ELECTIONS
Holiday, election day, 19-107
Proclamation by governor, time for, contents, publication and posting, 23-103 to 23-105
Time for holding, 23-101
GOVERNOR
Certificates of election issued to presidential electors, 23-2103
Certificates of election issued to senator or congressman, 23-2205
Commissions issued to state officers, 23-1816
Election, term, qualifications. Const. Art. VII, §§ 1 to 3
Proclamations for elections, issuance, contents, 23-103, 23-104
Statement of returns received from board of state canvassers, 23-1814
United States Senator, temporary appointment to fill vacancy, 23-2202
H
HANDICAPPED PERSONS
Absentee voting procedure, 23-1301 to 23-1321 — See ABSENTEE VOTING
Assistance by judges, procedure, 23-1213
Registration procedure, 23-504
454
INDEX
References are to Sections of the Montana Codes and Constitution
HIGH SCHOOLS AND HIGH SCHOOL DISTRICTS
Abolishment or unification of (.•ounty higli school with public school system
abolishment, petition, requirements, 75-4121
election required, 75-4122
ballots, 75-4124
conduct of election, 75-4124
notice, publication and procedure, 75-4123, 75-4124
results for or against abolishment, action required, 75-4125, 75-4126
authority to abolish or unify county high school with public school system,
75-4120
unification of county high school, procedure, 75-4120.1
additional trustees after unification, appointment and terms, 75-4120.2
budget, adoption after unification, 75-4120.3
county as high school district, 75-4120.2
Board of trustees of county high school, members, qualifications, election procedure,
75-4103
Bond issues, county high school bond issue, petition for election, procedure, 75-4112,
75-4113, 75-4116
Building construction, incurring indebtedness, election requirements, 75-4231
Debt limit, increase, election required, Const. Art. XIII, § 6
Junior high schools
establishment in district having no accredited high school, 75-4147
approval of establishment, duties of trustees, 75-4152
bond issues, application and submission of question, 75-4150
issuance of bonds, 75-4153
election, procedure, 75-4151
petition, approval of superintendent of public instruction, 75-4148
question of establishment, submission to electors, 75-4149
establishment where county high school located, 75-4202
establishment where district high school established, 75-4201
Public works
division of county into high school districts, procedure, 75-4602
alteration of boundaries, redivision, limitation, 75-4607
election of additional trustees, procedure in connection with public works pro-
gram, 75-4601
special tax levy, election, 75-4609
approval of tax, other special levies not submitted, 75-4611
notice and conduct of election, 75-4610
Tax levies, additional taxes, election required, 75-4516.1
HOLIDAYS
General election day, 19-107
HOSPITAL DISTRICTS
Authority to establish districts, 16-4301
Board of trustees, election, terms, 16-4307
qualifications, generally, 16-2402
Election required, 16-4304
conduct of election, 16-4305
favorable vote, district organized, 16-4306
Petition, requirements and procedure, 16-4302
changes in proposed boundaries, powers of commissioners, 16-4304
hearing on petition, 16-4303
Territory in district, 16-4301
INITIATIVE AND REFERENDUM
Advertisement of questions to be submitted, 23-202
Attornev general's summarv of measures for placement on ballot, 37-104.1
Ballot, form, 23-1116, 37-106
Bills referred, not effective until approved, 37-110
Canvass of votes, 37-108
Certification and numbering of measures, 37-105
Cities and towns, procedure, 11-1104 to 11-1114— See CITIES AND TOWNS, Initiative
and referendum
455
INDEX
References are to Sections of the Montana Codes and Constitution
INITIATIVE AND REFERENDUM— (Continued)
Constitutional amendments, Const. Art. XIX, §§ 8, 9, 23-201, 37-105— See CONSTITU-
TION OF MONTANA, Amendments
Constitutional authority, requirements. Const. Art. V, § 1
Notice to governor, 37-104
Ordinances
cities and towns, procedure, 11-1104 to 11-1114 — See CITIES AND TOWNS, In-
itiative and referendum
commission form of government, procedure, taking effect and suspension, 11-3133,
11-3134
commission-manager form of government, petitions and procedures, 11-3230 to
11-3243
consolidated city and county government, petitions and procedure, 11-3417 to
11-3431
county water and sewer districts, procedures, 16-4529, 16-4530
Petitions
constitutional requirements. Const. Art. V, § 1
eligibility for signing petition, 37-109
false signature, penalty, 37-109
initiative, form of petition, 37-102
referendum petition, form, 37-101
Printing and distribution of copies of measures, 37-107
Proclamation by governor, 37-104
Recount after close election on referred or submitted question, 23-2311
Verification of signatures by county clerk, 37-103
Voting on measures, manner of voting, 37-106
INSANE PERSONS
Ineligible to vote, 23-310
INTOXICATING LIQUOR
Election day, liquor not to be sold during polling hours, 4-414
Local option laws, elections on sale or issuance of license, 4-142 to 4-149, 4-431 to 4-437
IRRIGATION DISTRICTS
Canvass of returns, 89-1308, 89-1309
Certificates of election, 89-1310
Commissioners, election and term of office, 89-1303
nomination of candidates, 89-1312
qualifications, generally, 16-2402
vacancies, how filled, 89-1304
Conduct of election, 89-1308
Hours of election, 89-1307
Judges of election, api)ointment, 89-1305
Notice of election, 89-1305
Precincts, creation of and changes in boundaries, 89-1302
Qualifications and voting rights of electors, 89-1311
Results of elections, statement required, 89-1310
Special elections, commissioners may call, 89-1313
J
JUDGES— See DISTRICT COURT; MUNICIPAL COURTS; JUSTICES OF THE
PEACE; SUPREME COURT
Nominations, Nonpartisan Judiciary Act, 23-2001 to 23-2014— See NOMINATIONS,
Judicial oflfices
JUDGES OF ELECTIONS
Absentee voting, duty of election judges, 23-1311— See ABSENTEE VOTING
Additional boards, appointment, 23-601
Appointment, 16-1003, 23-601
Ballot boxes, duty to open and exhibit before election, 23-708
Ballots and stamps, duty of county clerk to furnish, 23-705
Candidates and relatives ineligible for appointment, 23-604.1
school districts and precinct elections excepted, 23-604.2
Canvass of votes, duties, 23-1701 et seq.— See CANVASS OF RETURNS, Judges of
election, canvass by
transmission of returns, tinted sheets, duties, 23-710 to 23-713
456
INDEX
References are to Sections of the Montana (Jodes and Constitution
JUDGES OF ELECTIONS— (Continued)
Challenge of voters, 23-1220 to 23-1228— See CHALLENGE OF VOTERS
challenge of registered electors, procedure, 23-521
Clerks, appointment of, qualifications, 23-607
Compensation, 23-605
incorrect recount, effect, 23-2307
instructions meeting, attending, 23-612
County commissioners, power to appoint judges, 16-1003, 23-601
Disabled voters, judges may assist, 23-1213, 23-1606
Failure of judges to serve, procedure, 23-606
Instructions for conduct of elections, certificate, compensation for attending meeting,
23-612
voting machines, instruction required, 23-1615
Instructions to electors, posting required, 23-709
Irrigation districts, 89-1305, 89-1306
Municipal elections, 11-717
Nevsr precincts, number of judges appointed, 23-603
Notices of appointment, procedure, 23-606
Notices of general election, posting, 23-608, 23-609
Number of judges in each precinct, 23-601, 23-602
new precincts, number appointed, 23-603
political parties submit candidates, not more than majority from any one party,
23-604
Oath of judges, 23-610
Oaths, power to administer, 23-611
Opening and closing of polls, proclamation, requirements, 23-1204, 23-1205
Recount showing incorrect count, effect upon compensation, 23-2307
Voting machines used, duties, 23-1605 et seq.— See VOTING MACHINES
comparing ballots with sample ballot, 23-1608
violations by judges, penalty, 23-1615
JUSTICES OF THE PEACE
Deputy registrars, designated as, 23-505
Election and term of office. Const. Art. VIII, § 20, 16-2408, 93-401, 93-405
Township officer, 16-2404
Vacancy in office, filling, Const. Art. VIII, § 34, 93-406
LEGISLATIVE ASSEMBLY
Apportionment and representation. Const. Art. VI, §§ 2, 3
representative apportionment, 43-106.2
senatorial apportionment, 43-106.1
Certificate of election evidence of right to seat, 43-206
Composition of legislative assembly, 43-201
Judge of elections, returns, and qualifications of members, Const. Art. V, § 9
Legislative authority vested in assembly. Const. Art. V, § 1
Local or special laws prohibited, Const. Art. V, § 26
Officers, Const. Art. V, § 9
Post-enemy-attack, continuity in government, emergency powers, Const. Art. V, § 46
Representatives
qualifications. Const. Art. V, § 3
term. Const. Art. V, § 2, 43-202
Senators
qualifications. Const. Art. V, § 3
term, Const. Art. V, § 2, 43-202
Vacancies, filling, procedure, 43-215
alternate method of selection, failure of candidate to receive majority vote, 43-216
"vacancy" defined, 43-217
LIBRARIES
Joint county and regional library, transfer of library by governmental unit, election,
44-213
LIEUTENANT-GOVERNOR
Election, term, qualifications. Const. Art. VII, §§ 1 to 3
457
INDEX
References are to Sections of the Montana Codes and Constitution
LOCAL OPTION LAWS
Beer sales, 4-350 to 4-356
Intoxicating liquor sales, 4-142 to 4-149
Eetail liquor license, issuance of, 4-431 to 4-437
M
MACHINES FOR VOTINGK— See VOTING MACHINES, 23-1601 to 23-1618
MAPS OF PRECINCTS
Counties, cities and towns, 23-404, 23-405
MENTALLY ILL PERSONS
Ineligible to vote, 23-310
MILITARY SERVICE
Absent electors in United States service, registration and voting, 23-1401 to 23-1406
— See ABSENTEE VOTING, United States servicemen and civilian employees
Cancellation of registry for failure to vote, exception of persons in United States
service, 23-511, 23-512
Exemption from duty on election day. Const. Art. IX, § 5, 23-309
MUNICIPAL CORPORATIONS— See CEMETERY DISTRICTS; CITIES AND
TOWNS; CONSOLIDATED CITY AND COUNTY GOVERNMENT; COUNTIES;
COUNTY WATER AND SEWER DISTRICTS; DRAINAGE DISTRICTS; IRRI-
GATION DISTRICTS; SCHOOL DISTRICTS
MUNICIPAL COURTS
Judges, election, term, 11-1703
MUNICIPAL ELECTIONS— See CITIES AND TOWNS, Elections; Officers
NATURALIZED CITIZENS— See REGISTRATION, Naturalized citizens, 23-502,
23-508, 23-523
NOMINATIONS
Cities and towns
applicability of direct primary law, 23-904
commission form of government, 11-3112, 11-3113
commission-manager form of government, 11-3215 to 11-3219
precinct registers, when unnecessary to furnish precincts, 23-515
Consolidated city and county government, procedure, 11-3531 to 11-3538
Contest of nominations
corrupt practices as grounds, 94-1464 to 94-1468
direct primary, contests, notice, procedure, 23-926 to 23-928
Conventions, primary meetings, or electors
bribery or unlawful interference at caucus or primary meeting, 23-819
certificates of nominations
contents, nomination by convention or primary meeting, 23-802
contents, nomination by electors, 23-804
filing certificates, where filed, when filed, fee, 23-803, 23-807, 23-808
one person not to be nominated for more than one office, 23-805
preservation of certificates for one year, 23-806
certification of nominees to county clerks, 23-809
challenge of voters, oath, penalty, 23-817
clerk at caucus or primary meeting, 23-816
declination of nomination, procedure, 23-801
definition of convention or primary meeting, 23-801
errors, how corrected, 23-812
fraudulent voting or counting, 23-818
judges at caucus or primary meeting, 23-815
penalties for violations, 23-820
qualifications of voters, 23-813, 23-814
vacancy, candidates for state legislative assembly after primary, procedure for
filling, 23-811 f J, f
vacancy, congressional representation, eligible electors, 23-801
458
INDEX
References are to Sections of the Montana Codes and Constitution
NOMINATIONS — (Continued)
^"''^illrtee voting, 23-1301 to 23-1321-See ABSENTEE VOTING
abstract of votes, 23-921
ballots, arrangement of, notice, 23-917, 23-919
bribery to sign nomination paper, penalty, 23-933
canvass of returns, duties of county clerk, errors, 23-921 to 23-923
challenge of voters, oath, 23-532
cities and towns, applicability of act, 23-904
committeemen and committeewomen, election of, 23-929
construction of act, 23-901
contests, notice, procedure, 23-926 to 23-928
corrupt practices as grounds, 94-1464 to 94-1468
counting of votes, procedure, form of tally sheets, 23-907 .„„„*„
pollbooks, precinct register and tally sheets sealed and returned to county
clerk, 23-908
date for holding, 23-902
electronic voting systems authorized, 23-2503
emergency clause, 23-905
error in ballot or count, 23-923
exclusive application of act, 23-909
fees for filing petitions, 23-910
forgery of nomination papers, penalty, 23-935
fraudulent voting or counting, unlawful, 23-818 Tnr1ir.ia1
judges of supreme court and district courts, nominations, 23-2002~See Judicial
of&ces, below
ballots, 23-2006, 23-2007
notice and arrangement of nominations, 23-916
notice of election, 23-903
ofl&cial and sample ballots, 23-920
penal laws applicable to primary elections, 23-934
penalty for official misconduct, 23-925
penalty for violations by candidates, 23-931
petitions for nomination, filing, fees, 23-910
form of petition, 23-911
time for filing, 23-912
political parties to which applicable, 23-909
pollbooks, sealing and returning to county clerk, 23-908
preservation of, 23-914
purpose of primary election, 23-902
qualification of voter, 23-813, 23-814 ^ oo m^
records of election, preservation and disposition of, ^3-914
register of candidates, keeping of, contents, 23-913
judicial offices, 23-2004
public record, 23-914
returns, canvass of votes, 23-907, 23-921 to 23-924
supplies, printed and furnished by county, 23-918 , , ^q on? 9^ ons
tally sheets, form, sealing and returning to county clerk, 23-907, 23-908
preservation of, 23-914
vacancies in nominations, how filled, 23-915
certificates of nomination, filling vacancies, 23-811
declination of nomination, municipal elections, 23-810
Electors, nominations by, requirements for certificates, 23-804-See Conventions, pri-
mary meetings, or electors, above , „ , ,. 4. J O-J Q10
Errors in publication of names of candidates or on ballots, how corrected, 23-812
Judicial offices, district court and supreme court judges
application of general laws, 23-2014
application of primary election law, 23-2002
ballots, preparation and distribution, voting, 23-2006, 23-2007
certification of judicial candidates, separate listing required, 23-2005
counting and canvassing vote, procedure, application of general l^^^^' 23--008
district judges, each department with more than one judge considered separate
and independent office, 23-2001
exclusive application of act, 23-2001 j . j j„„,. ^ai„^ oo onm
justice of supreme court, each vacancy a separate and independent office, 23-2001
iumber of candidates nominated, placing names on ballots for succeeding pri-
mary or general election, 23-2009
petition for nomination, contents, form, filing, fees, 23-2003
459
INDEX
References are to Sections of the Montana Codes and Constitution
NOMINATIONS— (Continued)
Judicial offices — (Continued)
political party endorsement of candidate prohibited, 23-2012
primary election law, application to judicial nominations, 23-2002
register of candidates, 23-2004
tie vote, how decided, 23-2010
vacancies after nomination and before general election, filling, 23-2011
voting at primary election, procedure, 23-2007
voting machines used, nonpartisan judicial ballot, 23-1608
School districts, board of trustees, 75-1604, 75-1606
NONPAETISAN JUDIOIAKY ACT— See NOMINATIONS, Judicial offices, 23-2001 to
23-2014
NOTAEY PUBLIC
Deputy registrar, designated as, 23-505
NOTICES OF ELECTIONS
Form of notice for election judges, 23-608
Posting of notice by election judges, 23-609
Primary elections, 23-903
Proclamation by county commissioners, 23-106
Proclamations by governor, 23-103 to 23-105
Special election, proclamation by county commissioners, 23-106
OATHS
Constitutional oath for members of legislative assembly and all officers, Const. Art.
XIX, §1
Judges and clerks of election, administration of oaths, 23-611
Judges and clerks of election, oath of, 23-610
OPENING AND CLOSING OF POLLS
Electronic voting systems, 23-2505
Proclamations required, 23-1204, 23-1205
Special elections, time for, 23-1203
Time for, 23-1202
ORDINANCES
Commission form of government, petitions and procedure, 11-3133, 11-3134
Commission-manager form of government, petitions and procedure, 11-3230 to 11-3247
Consolidated city and county government, petitions and procedure, 11-3417 to 11-3431
County water and sewer districts, initiative and referendum, applicable procedures,
16-4529, 16-4530
Effective date, 11-1106
Initiative and referendum in cities and towns, 11-1104 to 11-1114 — See CITIES AND
TOWNS, Initiative and referendum
PLACES FOE HOLDING ELECTIONS— See POLLS; PRECINCTS
Designation, 23-406, 23-407
PLUEALITY TO ELECT
Highest number of votes elects, Const. Art. IX, § 13, 23-1806
POLITICAL PARTIES
City central committee, composition, 23-929
Committeemen and committeewomen, selection and powers, 23-929
Corrupt practices, 94-1427 to 94-1474— See CORRUPT PRACTICES ACT
County central committee, composition, 23-929
County convention, 23-929
Definition of political party, 23-1001
Expenses of conventions, payment, 23-1008
Judges of elections, submission of candidates to county commissioners, 23-604
Judicial candidates, endorsement unlawful, 23-2012
New-voter lists furnished to, 23-501.1
460
4
INDEX
References are to Sections of the Montana Codes and Constitution
POLITICAL PARTIES— (Continued)
Party nominations by primary elections, 23-901 to 23-936— See NOMINATIONS, Direct
primary
Powers of parties to govern own affairs, 23-1009
Presidential electors, 23-2101 to 23-2111— Sec PRESIDENTIAL ELECTORS
Register of candidates filing for nominations, 23-913
State convention delegates, selection, 23-929
POLLBOOKS
Absentee voting, insertion of names and numbers by judges, 23-1311
Clerk to keep list of persons voting, 23-1219
County commissioners to furnish, 16-1156, 23-701, 23-704
Form, 23-702
want of form not to vitiate, 23-703
List of voters known as pollbook, 23-1219
Signing and certification after votes counted, 23-702, 23-1708
POLLS
Absentee voters, duty to vote if present on election day, 23-1320
authority to vote in person, 23-1315
opening absent voter's envelope after deposit, 23-1317
procedure, 23-1316
Alcoholic beverages, sales prohibited on election day, 4-303, 4-414
Booths or compartments for voting, number, 23-1206
electronic voting systems, 23-2504
Challenges, 23-1220 to 23-1228— See CHALLENGE OF VOTERS
Closing polls, time for, proclamation, 23-1202, 23-1203, 23-1205
Delivery of official ballots to voters, restrictions, 23-1209
Deposit of ballots, procedure, 23-1214
announcement of voter's name required, 23-1215
time for placing ballot in box, 23-1216
violations, penalty, 23-1214
Designation of place in precinct for holding elections, 23-406
proceedings where place not designated, 23-407
Disabled voters, judges may assist, 23-1213
Electioneering within polling place prohibited, violations, 23-1207, 94-1413, 94-1414
Electronic systems, 23-2501 to 23-2507— See ELECTRONIC VOTING SYSTEMS
Expense of booths, compartments, ropes, and guardrails, 23-1208
Fraudulent attempts to vote without being qualified or to vote more than once, mis-
demeanor, 94-1404
Fraudulent voting, felony, 94-1403
Instructions to electors, duties of county clerks regarding, 23-709
Interference with electors prohibited, 23-1207, 94-1411
List of voters required, 23-1219
Methods and procedure for voting, 23-1210
Municipal elections, voting places, 11-717
Name in precinct register required for voting, 23-526
Occupancy of booth restricted, 23-1211
Omission of name from precinct register, remedy, 23-527
Pollbook defined, 23-1219
Proclaiming opening and closing of polls, 23-1204, 23-1205
Recording name of voter, 23-1217
Record of votes, how kept, 23-1217
Removal of ballots before polls closed prohibited, 23-1207
Signing of precinct register books, procedure, 23-524, 23-1218
affidavit form for voter unable to sign, 23-524
Special elections, opening and closing polls, 23-1203
Spoiled ballot, procedure, 23-1212
Time for occupying booth, 23-1211
Time for opening and closing, 23-1202, 23-1203
Time for voting, 23-1201
Voting machines, 23-1601 to 23-1618— See VOTING MACHINES
PRECINCT REGISTER
Actions to compel entry of names, 23-525
Blanks, county commissioners to furnish, 23-704
Combining precinct registers in municipal registers, when authorized, 23-515
Compensation of county clerks for, 23-519
461
INDEX
References are to Sections of the Montana Codes and Constitution
PRECINCT REGISTER— (Continued)
Contents, preparation, 23-515
Copies of precinct registers, furnishing by county clerk, charge for, 23-520
Delivery to judges of election, 23-515
Marking when elector has voted, procedure, 23-1218
Municipal elections, duties of county clerks, 23-519
Name of elector in register required for voting, 23-526
Official register of electors, 23-502
Omission of name, procedure to remedy, 23-527
School district elections, duties of county clerks, 23-519
Voters required to sign books, 23-524
affidavit form for voter unable to sign, 23-524
PRECINCTS
Ballots, number to be provided precincts, 23-1117
Boundaries, 23-401
Changes in boundaries, 23-402
Counties, creation of new counties, change of precinct boundaries, 16-505
County commissioners, general powers, 16-1003
Designation by numbers or names, 23-402
Establishment, 23-401
Irrigation districts, 89-1302
Judges of elections, number appointed, 23-601 to 23-603
Maps of precincts, county surveyor to prepare, 23-404
New precincts, election judges to be appointed, 23-603
Places for holding elections, designation, 23-406, 23-407 — See also POLLS
Register, contents, preparation, 23-515— See PRECINCT REGISTER
School districts of first class, precinct boundaries to conform, 23-401
Transfer of registration by change of residence, 23-509
Voting machines, joint use of, 23-1603
Wards, 11-707, 11-708, 23-401, 23-403, 23-405— See WARDS
PRESIDENTIAL ELECTORS
Certificate of election by governor, 23-2103
Compensation, audit and payment of expenses, 23-2110, 23-2111
List of persons voted for, 23-2108
Meeting, time for, 23-2104
Number to be chosen, 23-2101
Returns, canvass to certify, 23-2102
Time for selection, 23-2101
Transmission of votes of electors, 23-2109
Vacancies, how filled, 23-2105
Voting for president and vice-president, 23-2106
separate ballots for each office, 23-2107
PRIMARY ELECTIONS— See NOMINATIONS, Direct primary, 23-901 to 23-936
PRIMARY MEETING — See NOMINATIONS, Conventions, primary meetings, or
electors, 23-801 to 23-820
PROCLAMATIONS
County commissioners to provide forms, publication and posting, 16-1156, 23-105, 23-106
General and special elections, proclamations by governor, procedure, 23-103 to 23-105
Initiative and referendum, publication of proclamation, 37-104
cities and towns, 11-1110
Opening and closing of polls, 23-1204, 23-1205
Q
QUALIFICATIONS AND PRIVILEGES OF VOTERS
Arrest, privilege from during elections. Const. Art. IX, § 4, 23-308
Ballot, elections by ballot required. Const. Art. IX, § 1, 23-301
Citizenship requirements, Const. Art. IX, § 2, 23-302
Elections free and open. Const. Art. Ill, § 5
Felons prohibited from voting. Const. Art. IX, § 2, 23-302
Insane persons, idiots barred from voting, Const. Art. IX, § 8, 23-310
Interference with elector in voting prohibited, violations. Const. Art. Ill, § 5, 23-1207,
94-1411
462
INDEX
References are to Sections of the Montana Codes and Constitution
QUALIFICATIONS AND PRIVILEGES OF VOTERS— (Continued)
Military duty on election day, exemption, Const. Art. IX, § 6, 23-309
Municipal elections, qualified electors, 11-716
bond elections, 11-2310
initiative and referendum, 11-1112
Necessary qualifications to vote. Const. Art. IX, § 2, 23-302
Residence requirements, Const. Art. IX, § 2, 23-302
military personnel. Const. Art. IX, § 6
naturalization certificates, presentation to registrar, 23-523
persons in public institutions, Const. Art. IX, § 3
persons in service of state or United States, Const. Art. IX, § 3
rules for determining residence for registration or voting, 23-522
students. Const. Art. IX, § 3
Self-government, right to, Const. Art. Ill, § 2
State indebtedness, qualifications of electors at elections, requirements, 23-303 to 23-307
Taxpayers, definition for election purposes, 23-311
Woman suffrage, Const. Art. IX, § 12
QUALIFICATIONS FOR OFFICE
Constitutional oath, Const. Art. XIX, § 1
Constitutional requirements, Const. Art. IX, §§ 7, 10, 11
County offices, 16-2401
District and township offices, 16-2402
Municipal offices, 11-710, 11-713, 11-714
RECOUNT OF BALLOTS— See also TIE VOTE
Application, contents, time for filing, procedure, 23-2301
Certificate of election issued prior to recount, procedure, 23-2306
Close election, recount after
abstract of votes, correction after recount, 23-2318
state board, correction by, 23-2319
certificate of election or nomination, issuance when recount changes result, 23-
2318
effect of new certificate, 23-2320
state board, issuance by, 23-2319
certification of results of recount, 23-2318
closeness of returns required to furnish ground for recount, 23-2311
county recount board, composition, 23-2314
clerks employed by board, 23-2315
convening of board after notice of petition, 23-2316
elections to which procedure applicable, 23-2310
expenses of recount, 23-2322
filing of petition by candidate, 23-2311
liberal construction of act, 23-2309
margin of vote furnishing ground for recount, 23-2311
multiple offices to be filled, computation of total vote, 23-2313
notice to recount board of filing of petition, 23-2316
procedure for conduct of recount, 23-2317
purpose of act, 23-2309
state board of canvassers, proceedings by, 23-2319
supplemental to other procedures, 23-2323
tie vote after recount, 23-2312, 23-2321
legislative election, certification to governor, 23-1807
tie vote, automatic recount after, 23-2312
witnessing of recount, persons entitled, 23-2317
Contests, applicable provisions, 23-2308— See CONTEST OF ELECTIONS
Costs for recount, deposit by applicants, 23-2304
Failure of election officers to comply with law, presumption, 23-2302
Hearing on application, determination by district court, 23-2301
attendance by candidate first elected, 23-2304
Incorrect count by election officers, effect on compensation, 23-2307
Jurisdiction over application, 23-2303
Limited to precincts or offices specified in court order, 23-2305
Opening and sealing of ballots, 23-2304
Preeincts selected for recounts, determination by court, 23-2304
463
INDEX
References are to Sections of the Montana Codes and Constitution
RECOUNT OF BAIiLOTS— (Continued)
Presumption of incorrectness, when applicable, 23-2302
Several applications filed, procedure, 23-2304
Tie in state legislative election, duty of county canvassing board, 23-1807
REFERENDUM— See CONSTITUTION OF MONTANA; INITIATIVE AND EEFER-
ENDUM, 23-201, 23-202, 37-101 to 37-110
REGISTRATION
Absent electors, voting by, 23-1301 to 23-1321— See ABSENTEE VOTING
registration of electors absent from county of residence, 23-1501 to 23-1503
United States servicemen and civilian employees, 23-1401 to 23-1406
Action to compel clerk to enter name of elector, 23-525
AflSdavit of elector, 23-502
Applicants not qualified at time of registration, procedure, 23-508
Cancellation
failure to vote in general election, cancellation, re-registration, 23-511
exception for persons in United States service, withdrawal of card from
cancelled file, 23-511, 23-512
grounds for, 23-518
notice to cancelled electors, 23-518
registrations prior to June, 1937, 23-517
Card index, form of registry card, 23-502
cancellation of registry for failure to vote, procedure, 23-511
numbering and completion of cards, 23-507
previous registration in state, inquiry, procedure, 23-510
transfer of registration within county, 23-509
Challenges, procedure, 23-521
primary election, challenge of voter, oath, penalty, 23-532
Close of registration, time, 23-513
registration for future election, 23-516
Costs incurred by county clerk, 23-534
County clerk designated as county registrar, duties, 23-501
county commissioners to supply help, 23-534
deputies, authority, 23-528
County clerks
compensation, 23-519
lists of registered voters, duties, 23-304, 23-514
new-voter lists furnished to political parties, 23-501.1
precinct register, preparation, 23-515
County seat location, election, registration of voters, 16-405
Delayed qualification of applicant, procedure, 23-508
Deputy county clerks, authority of, 23-528
Deputy registrars, duties, compensation, 23-504, 23-505
Disabled persons, registration at residence, 23-504
"Elector" and "election" defined, 23-529, 23-530
False or fraudulent registration, violations, penalties, 23-503, 23-506, 23-533, 94-1402
Future elections, registration for, 23-516
Hours of registration, 23-507
Justices of the peace, deputy registrars, compensation, 23-505
Legislative power to pass registration laws. Const. Art. IX, § 9
Lists of registered electors, preparation and procedure, 23-304, 23-514
new-voter list furnished to political parties, 23-501.1
Methods of registration, 23-503, 23-504
Municipal elections, registration of electors, 11-715
Naturalized citizens
affidavit for registration when papers lost, 23-502
certificates to be presented to registrar, 23-523
procedure for delayed qualification, 23-508
New-voter lists furnished to political parties, 23-501.1
Notaries public, deputy registrars, compensation, 23-505
Notice of close of registration, 23-513
Official misconduct, penalties, 23-531
Penalties for violations of act, 23-503, 23-506, 23-531 to 23-533, 94-1402
Precinct registers, contents, preparation, 23-304, 23-515— See PRECINCT REGISTER
Previous registrations in state, procedure for inquiry, form, 23-510
Printing and posting lists of registered voters, 23-514
Registry books, official register of electors, 23-502
464
INDEX
References are to Sections of the Montana Codes and Constitution
REGISTRATION— (Continued)
Registry cards, card index, 23-502 — See Card index, above
Residence more than ten miles from office, registration at residence, 23-504
Residence, requirements, rules and procedure for determining. Const. Art. IX, §§ 3, 6,
23-302, 23-522
Transfer of registration within county, form for application, 23-509
Violations of act, penalties, 23-503, 23-506, 23-531 to 23-533, 94-1402
REPRESENTATIVES— See CONGRESSIONAL ELECTIONS; LEGISLATIVE ASSEM-
BLY
RESIDENCE— See QUALIFICATIONS AND PRIVILEGES OF VOTERS, Residence
requirements. Const. Art. IX, § 2, 23-302, 23-522
Qualifications for election or appointment to office. Const. Art. IX, §§ 7, 10, 11
RETURNS
Canvass of returns, 23-1701 to 23-1715, 23-1801 to 23-1819— See CANVASS OF RE-
TURNS
public canvass required, 23-1701, 23-1804
Commissions issued by governor to persons elected to offices, 23-1816
Contest of elections, duties of county clerk, 23-1713
Custody after canvass by judges, delivery to county clerk, 23-1710, 23-1711
Defect in form of returns, effect, 23-1804, 23-1817
Delivery to county clerk by judges, 23-1711
Destruction of ballots, stubs, and envelopes, duties of county clerk, 23-1712
Disposition of returns and records prior to county canvass, 23-1714
Electronic voting systems, manner of preparing returns, 23-2505
Filing ballots, stubs and envelopes, duties of county clerk, 23-1712
Filing of records after canvass, duties of county clerk, 23-1715
Forms for transmission of returns for public information, tinted sheets, procedure,
23-710 to 23-713
Judicial primary ballots, voting, separate counting and canvassing, 23-2007, 23-2008
Machines used, counting votes, election returns, 23-1610, 23-1611
Primary elections, 23-921 to 23-923
Recount of ballots, 23-2301 to 23-2323— See RECOUNT OF BALLOTS
tie vote for state legislative office, duty of state recount board, 23-1807
Time for holding sealed ballots and envelopes, duties of county clerk, 23-1712
Violations of election laws, penalties, 23-1819
S
SANITARY DISTRICTS— See COUNTY WATER AND SEWER DISTRICTS, 16-4501
to 16-4531
SCHOOL DISTRICTS
Absentee voting, application for ballot, 23-1303.1
Bond issues
building reserve fund, bond issues, election, 75-3806
election required, 75-3908
absent electors, voting by, 75-3913
ballots, preparation, 75-3911
calling of election, notice, 75-3910
canvass of returns, 75-3915
conduct of election, 75-3913
precinct register and list of electors, 75-3912
qualifications of voters. 75-3912, 75-3938
junior high school establishment, issuance of bonds, 75-4150, 75-4153
notice of sale of bonds, form, 75-3916
percentage of electors required to authorize issue, 75-3914
petition for elections, signers required, 75-3908, 75-3937
form, contents and proof of petition, 75-3909
meeting of trustees to consider petition, 75-3910
resolution for bond issue, 75-3915
Buildings
bonding district, special election, 75-1631
building and furnishing fund, transfer of funds, election, 75-3717, 75-3719
building reserve fund, election, 75-3806
extra taxation, election requirements and procedure, 75-3801 to 75-3805
465
INDEX
References are to Sections of the Montana Codes and Constitution
SCHOOL DISTRICTS— (Continued)
Buildings — (Continued)
joint interstate school facilities, agreements authorized, election, 75-3109 to
75-3111
purchase or sale of land, construction of buildings, powers of trustees, electioli
requirement, 75-1632
Buses, depreciation reserve for purchase of buses and two-way radios, election re-
quirement, 75-3403
Classifications of districts, 75-1802
Community college district, annexation of school districts to, election, 75-4430
Consolidation, requirements and election procedure, 75-1813
dissolution of joint school districts, procedure, 75-1818
intercounty districts, procedure, 75-1813.1
Debt limit, election required for increase, Const. Art. XIII, § 6
Joint interstate school facilities, agreements authorized, election, 75-3109 to 75-3111
New counties, division into school districts, 16-505
Officers, qualifications generally. Const. Art. IX, § 10, 16-2402, 75-1601
Precinct boundaries to conform to boundaries of first class districts, 23-401
Precinct registers, duties of county clerks, 23-519
Separate elections for officers required, Const. Art. XI, § 10
Taxation
additional tax levy, election procedure, 75-3801 to 75-3805
building reserve fund, election, 75-3806
excess tax levy authorized, election required, Const. Art. XIII, § 6, 84-4706
ballots, 84-4709
conduct of election, 84-4709
notice of election, 84-4707
object of levy to be stated in submission of question, 84-4708
qualifications of electors, 84-4711
registration of electors, 84-4710
Transportation, depreciation reserve for purchase of buses and two-way radios, elec-
tion required^ 75-3403
Trustees
election, annual election of trustees, 75-1603
ballot, form in first class districts, 75-1611
call of election, duty of board of trustees, 75-1607
canvass of votes, 75-1612
certificate of election, 75-1612
challenge of voters, oath, 75-1619
expenses of election, 75-1620
first class districts, 75-1606
hours of election, 75-1609
judges of election, 75-1610 M
nomination of candidates, 75-1604, 75-1606 "
notice of election, 75-1608
poll lists and pollbook, procedure, 75-1612
qualifications of electors, 75-1618
second and third class districts, 75-1604, 75-1605
separate election required. Const. Art. XI, § 10
number of trustees, 75-1602, 75-1802
oath, 75-1613
qualifications for office. Const. Art. IX, § 10, 16-2402, 75-1601
terms of office, staggering terms, 75-1613, 75-1617
vacancies, 75-1613, 75-1614
SCHOOLS
Community college districts, 75-4413 to 75-4430— See COMMUNITY COLLEGE DIS-
TRICTS
County superintendent, qualifications, election, term of office, Const. Art. IX, 8 10,
75-1501 to 75-1504 ' a '
High schools, 75-4103 et seq., 75-4201 et seq.— See HIGH SCHOOLS AND HIGH
SCHOOL DISTRICTS
Superintendent of public instruction, election, term, qualifications, oath. Const. Art.
VII, §§ 1 to 3, 75-1301
SECRETARY OF STATE
Commission to re-elected governor, issuance, 23-1816
Constitutional amendments, publication and printing, 23-201, 37-107
Election, term, qualifications, Const. Art. VII, §§ 1 to 3
466
i
INDEX
References are to Sections of the Montana Codes and Constitution
SECRETARY OF STATE— (Continued)
Electronic voting equipment, rules regarding, 23-2506
Initiative and referendum, questions submitted to voters, publication and printing,
23-202, 37-107
Judicial candidates, duties regarding primary ballots, 23-2004 to 23-2009
tie vote, procedure, 23-1904, 23-2010
vacancies, procedure before general election, 23-2011
Nominations, certification of nominees to county clerk, 23-809
Nominations, primary elections, duties, 23-913, 23-916, 23-917
Presidential electors, certifying compensation, 23-1110, 23-2111
Publishing of election laws in pamphlet form, 23-1818
Recount of ballots where margin close, 23-2311
Returns
primary elections, canvass of vote, duties, 23-922
delinquent returns, employment of messenger, 23-924
state returns, canvass, duties, 23-1812 to 23-1815
Tie vote among judicial candidates, procedure, 23-1904, 23-2010
Tie vote for state officers, dutv to advise legislative assembly, 23-1903
Voting machines, duties, 23-1601 to 23-1618— See VOTING MACHINES
SENATORS— See CONGRESSIONAL ELECTIONS; LEGISLATIVE ASSEMBLY
SMOKE ABATEMENT
Bond issues, election requirements, 11-2504 to 11-2506, 11-2511
SPECIAL ELECTIONS
Congressional candidates, tie vote, special election required, 23-1901
Nomination of candidates, 23-801 to 23-820— See NOMINATIONS, Conventions, pri-
mary meetings, or electors
Officers authorized to call, 23-102
Opening and closing of polls, time for, 23-1203
Proclamation by county commissioners, contents, 23-106
Proclamation by governor, 23-103 to 23-105
Purpose for calling, 23-102
STATE CAPITOL
Election on location, change of location, election requirements, Const. Art. X, §§ 2, 3
STATE OFFICERS
Election, terms, qualifications. Const. Art. VII, §§ 1 to 3
Oath of office, Const. Art. XIX, § 1
Qualifications for office, Const. Art. IX, §§ 7, 10, 11
Tie vote, procedure, duties of legislative assembly, 23-1902, 23-1903
STATE TREASURER
Election, term, qualifications, Const. Art. VII, §§ 1 to 3
SUFFRAGE— See QUALIFICATIONS AND PRIVILEGES OF VOTERS, Const. Art.
IX, 23-301 to 23-311
SUPERINTENDENT OF PUBLIC INSTRUCTION
Election, term, qualifications, oath, Const. Art. VII, §§ 1 to 3, 75-1301
SUPPLIES
Ballot boxes, 23-706— See BALLOT BOXES
Ballots, duty of county clerk to furnish, 23-705, 23-1116, 23-1117— See BALLOTS
Blank forms, duties of county commissioners to furnish, 16-1156, 23-704
Booths or compartments for voting, 23-1206
Instructions to electors, duties of county clerk, 23-709
Pollbooks, duties of county commissioners, 23-701 — See POLLBOOKS
Primary elections, 23-918
Printing, county commissioners to contract for, 16-1230
Returns, forms for transmission of, tinted sheets, requirements, 23-710 to 23-713
Rubber stamps to be furnished judges, 16-1156, 23-705
SUPREME COURT
Additional justice, term of office, 93-202, 93-203
Clerk, election, term of office. Const. Art. VIII, § 9, 82-501
vacancy in office, filling, Const. Art. VIII, § 34
467
INDEX
References are to Sections of the Montana Codes and Constitution
SUPREME COURT— (Continued)
Computation of years of office, 93-208
Election, provision for, manner, Const. Art. VIII, §§ 6, 8
Nomination of justices. Nonpartisan Judiciary Act, 23-2001 to 23-2014 — See NOMINA-
TIONS, Judicial offices
Number of justices, 93-201
Qualifications for office. Const. Art. VIII, § 10
Term of office. Const. Art. VIII, § 7, 93-201
Term of office of additional justices, 93-202, 93-203
Tie vote, procedure, 23-1904
Vacancies, filling. Const. Art. VIII, § 34, 93-209
associate justice, vacancy, independent office for election, 23-2001
candidate for elective office, judge becoming, duties, filling vacancy, 93-219,
93-220
vacancy after nomination and before election, how filled, 23-2011
TAX LEVIES
Advertisement of questions to be submitted, 23-202, 37-107
Airports, establishment by counties and cities, 1-804
Municipalities, excess tax levy, election required, procedure. Const. Art. XIII, § 6,
84-4704 to 84-4711
Property taxes, limit on rate, election on rate increase. Const. Art. XII, § 9
Road and bridge construction, election requirements, 32-3605
State indebtedness, limit, election required, qualifications of electors, registration and
election procedures, Const. Art. XIII, § 2, 23-303 to 23-307
"Taxpayers" defined for election purposes, Const. Art. IX, § 12, 23-311
TIE VOTE
County officers, procedure, 23-1902
Judicial officers, procedure, 23-1904, 23-2010
Municipal elections, how decided, 11-718
Recount of ballot, tie vote grounds for, 23-2312
vote tied after recount, procedure, 23-2321
Representatives to congress, special election, 23-1901
State offices, procedure, duties of legislative assembly, 23-1902
secretary of state to transmit statement to assembly, 23-1903
TOWNS— See CITIES AND TOWNS
TOWNSHIPS
Debt limit, increase, election required. Const. Art. XIII, § 6
Officers, qualifications, enumeration of, terms, vacancies, 16-2402, 16-2404, 16-2406
U
UNITED STATES
Absent electors in United States service, 23-1401 to 23-1406 — See ABSENTEE VOT-
ING, United States servicemen and civilian employees
Congressmen, elections and vacancies, 23-2201 to 23-2206 — See CONGRESSIONAL
ELECTIONS
Constitutional amendments, conventions to ratify, 23-2401 to 23-2411— See CONSTI-
TUTION OF UNITED STATES
Registration requirements, persons in United States service exempt from cancella-
tion provisions, 23-511, 23-512
VACANCIES
Ballots, pasters printed and distributed where vacancy filled, 23-1104
Convention or primary meeting for filling vacancies, procedure, 23-801 et seq. — See
NOMINATIONS, Conventions, primary meeting, or electors
Legislative office, vacancy after primary and before printing of tickets, procedure for
filling, 23-811
Municipal officers, vacancies, how filled, 11-719, 11-721
Nominations, vacancies in, procedure for filling, 23-915
Special elections, proclamations, procedure, 23-102 to 23-106
468
INDEX
References are to Sections of the Montana Codes and Constitution
VOTING— See POLLS, 23-1201 to 23-1228
Absentee electors, voting by, 23-1301 to 23-1321— Sec ABSENTEE VOTING
electors in United States service, 23-1401 to 23-1406
Challenges, 23-1220 to 23-1228— See CHALLENGE OF VOTERS
Electronic systems, 23-2501 to 23-2507— See ELECTRONIC VOTING SYSTEMS
Methods for voting on receipt of ballots, 23-1210
Registration of voters, 23-501 to 23-534— See REGISTRATION
VOTING MACHINES
Absentee ballots, counting, 23-1319
Applicability of general election laws, penalties for violations, 23-1612
Approval by secretary of state required, expenses, 23-1601
Assisting elector unable to record vote, 23-1606
Ballots, 23-1607
arrangement on machine, form, 23-106A
defective machines, supply of ballots and other supplies required, 23-1617
duties of city and county clerks and judges of elections, 23-1608
irregular ballots, 23-1609
publication in newspapers prior to elections, 23-1607
Comparing ballots with sample ballots, 23-1608
Counting votes, 23-1610
Defective machines discovered, procedure, 23-1617
Examination of machines, duties of secretary of state, 23-1601
Examining and closing machines before election, 23-1607
Fraudulent returns or certificates, penalties, 23-1616
General election ballots, arrangement, 23-1608A
Injuring or tampering machines, penalty, 23-1614
Instructions to voters, publication, 23-1607
Irregular ballots, 23-1609
Joint use by two or more precincts, 23-1603
Judges of election, violations, penalty, 23-1613, 23-1615
Judicial candidates, 23-1608
Locking machines after polls closed, 23-1610
Methods for conducting elections, 23-1605
Municipal elections, time for opening machines, 23-1611
Officers of election, penalties for violations, 23-1613, 23-1615
Party designations on ballots, 23-1607
Payment for machines, procedure, 23-1604
Previously approved machines, use authorized, 23-1618
Primary elections, separate columns for each political party, 23-1608
Purchase by counties and cities and towns, 23-1603
Registry lists, number of ballots listed, 23-1607
Returns, counting votes, 23-1610
penalty for fraudulent returns or certificates, 23-1616
procedure for making returns, 23-1611
Samples and supplies, duties of secretary of state regarding, 23-1607
Sealing machine after use, 23-1611
Setting up machines for use, 23-1608
Specifications of machines, 23-1602
Tampering or damaging machines, penalty, 23-1614
W
WARDS
Boundaries, duties of city council to certify, 23-403
Division of cities and towns into wards, duties of council, 11-707, 11-708
Maps, duties of city council to prepare, 23-405
Precinct boundaries to conform to wards in first, second and third class cities, 23-401
WOMAN SUFFRAGE
Constitutional provision, Const. Art. IX, § 12
WRITE-IN VOTES
Electronic voting systems, write-in ballots to be provided, 23-2504
Method of voting, 23-1210
Voting machines used, irregular ballots, 23-1609
469
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