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Full text of "Election laws of the state of Montana, 1974 supplement to the 1970 edition and the 1971 supplement thereto : containing selected provisions of the 1972 Constitution of Montana and amendments to acts and new laws enacted at the first regular session, first special session, and second regular session of the 43rd Legislative Assembly"

5 

S a < ^'"^ ^ 3 1975 

ELECTION LAWS 

OF THE 

STATE OF MONTANA 

1974 SUPPLEMENT 

TO THE 1970 EDITION 
AND THE 1971 SUPPLEMENT THERETO 



Containing 

SELECTED PROVISIONS OF THE 1972 CONSTITUTION OF 

MONTANA AND AMENDMENTS TO ACTS AND NEW 

LAWS ENACTED AT THE FIRST REGULAR SESSION, 

FIRST SPECIAL SESSION, AND SECOND REGULAR 

SESSION OF THE 43RD LEGISLATIVE ASSEMBLY 






Compiled by 

Frank Murray, Secretary of State 

Helena, Montana 



Published by Authority 



930 £ y60l 



1 



AMENDMENTS 



CONSTITUTION OF THE UNITED STATES 

Note: House Joint Resolution No. 4 provides as follows: 

"WHEREAS, the ninety-second congress of the United States of America at its 
second session, in both houses, by a constitutional majority of two-thirds (Ys) thereof, 
adopted the following proposition to amend the constitution of the United States of 
America in the following words: 

'JOINT RESOLUTION 

'Proposing an amendment to the Constitution of the United States relative to equal 
rights for men and women. 

'Resolved by the Senate and House of Representatives of the United States of 
America in Congress assembled (two-thirds of each House concurring therein), That 
the following article is proposed as an amendment to the Constitution of the United 
States, which shall be valid to all intents and purposes as part of the Constitution 
when ratified by the legislatures of three-fourths of the several States within seven 
years from the date of its submission by the Congress; 

'Article 

'Section 1. Equality of rights under the law shall not be denied or abridged by 
the United States or by any State on account of sex. 

'Sec. 2. The Congress shall have the power to enforce, by appropriate legislation, 
the provisions of this article. 

'Sec. 3. This amendment shall take efifect two years after the date of ratification.' 
"NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE 
HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA: 

"That the proposed amendment to the Constitution of the United States of America 
be and the same is hereby ratified, and 

"BE IT FURTHER RESOLVED, that certified copies of this resolution be 
forwarded by the secretary of state to the administrator of the general services ad- 
ministration, Washington, D.C., and the President of the Senate and ^^-^ 
of the House of Representatives of the Congress of the United '^♦"'' 



i '« 



1 



THE 



CONSTITUTION 

OF THE 

STATE OF MONTANA 



ARTICLE H— DECLARATION OF RIGHTS 



Sec. 18. State subject to suit. 

Proposed Amendment. 

Senate Joint Resolution No. 64 proposes 
to amend this section to read as follows: 
"Section 18. State subject to suit. The 
state, counties, cities, towns, and all other 



local governmental entities shall have no 
immunity from suit for injury to a person 
or property, except as may be specifically 
provided by law by a ^ vote of each house 
of the legislature." 



ARTICLE IX— ENVIRONMENT AND 
NATURAL RESOURCES 



Section 2. Reclamation. 

Proposed Amendment. 

Chapter 117, Laws of 1974, proposes to 
amend this section to read as follows: 

"Section 2. Reclamation. (1) All lands 
disturbed by the taking of natural re- 
sources shall be reclaimed. The legislature 
shall provide effective requirements and 
standards for the reclamation of lands 
disturbed. 

"(2) The legislature shall provide for 



a fund, to be known as the resource in- 
demnity trust of the state of Montana, to 
be funded by such taxes on the extraction 
of natural resources as the legislature may 
from time to time impose for that pur- 
pose. 

"(3) The principal of the resource in- 
demnity trust shall forever remain in- 
violate in an amount of one hundred 
million dollars ($100,000,000), guaranteed 
by the state against loss or diversion." 



THE 

CONSTITUTION 

OF THE 

STATE OF MONTANA 

AS ADOPTED BY THE CONSTITUTIONAL CONVENTION 
MARCH 22. 1972 AND AS RATIFIED BY THE PEOPLE, JUNE 6, 1972 



ARTICLE II 
DECLARATION OF RIGHTS 



Section 2. Self-government. The people have the exclusive right of 
governing themselves as a free, sovereign, and independent state. They 
may alter or abolish the constitution and form of government whenever 
they deem it necessary. 

Convention Notes govern themselves and to determine their 

No change except in grammar [Art. Ill, form of government. 
2]. Gives Montanans the right to 



sec 



Section 13. Right of suffrage. 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. 

Convention Notes 

Identical to 1889 constitution [Art. Ill, 
sec. 5]. 

Section 28. Rights of the convicted. Laws for the punishment of 
crime shall be founded on the principles of prevention and reformation. 
Full rights are restored by termination of state supervision for any 
offense against the state. 



Compiler's Notes 

Section 3 of the Transition Schedule 
provides that "rights, procedural or sub- 
stantive, created for the first time by 
Article II shall be prospective and not 
retroactive." 

A separately submitted proposition 
which would have added the following 
sentence to this section: "Death shall not 
be prescribed as a penalty for any crime 



against the state" was not adopted by the 
electorate. 

Convention Notes 

Revises 1889 constitution [Art. Ill, sec. 
24] by deleting reference to capital punish- 
ment and providing that rights a person 
loses when convicted of a crime are auto- 
matically restored when he has served his 
sentence. 



ARTICLE III 
GENERAL GOVERNMENT 



Section 2. Continuity of government. The seat of government shall 
be in Helena, except during periods of emergency resulting from disasters 
or enemy attack. The legislature may enact laws to insure the continuity 
of government during a period of emergency without regard for other 



Art. Ill, § 3 CONSTITUTION OF MONTANA 

provisions of the constitution. They shall be effective only during the 
period of emergency that affects a particular oflSce or governmental opera- 
tion. 

Convention Notes 2/3 of the people. No other change except 

Revises 1889 constitution [Art. X, sec. 3] in grammar. [See also 1889 constitution 

by removing provision which allowed seat Art. V, sec. 46.] 
of government to be moved by a vote of 

Section 3. Oath of office. Members of the legislature and all execu- 
tive, ministerial and judicial officers, shall take and subscribe the follow- 
ing oath or affirmation, before they enter upon the duties of their offices: 
"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 (so 
help me God)." No other oath, declaration, or test shall be required as a 
qualification for any office or public trust. 
Convention Notes 

Shortened version of oath contained in 
1889 constitution [Art. XIX, sec. 1]. 

Section 4. Initiative. (1) The people may enact laws by initiative 
on all matters except appropriations of money and local or special laws. 

(2) Initiative petitions must contain the full text of the proposed 
measure, shall be signed by at least five percent of the qualified electors in 
each of at least one-third of the legislative representative districts and the 
total number of signers must be at least five percent of the total qualified 
electors of the state. Petitions shall be filed with the secretary of state 
at least three months prior to the election at which the measure will be 
voted upon. 

(3) The sufficiency of the initiative petition shall not be questioned 

after the election is held. 

Convention Notes by 5% of electors in 1/3 of the legis- 

Bevises 1889 constitution [Art. V, sec. lative districts instead of 8% in 2/5 of 
1] by requiring a petition to be signed the counties. 

Section 5. Referendum. (1) The people may approve or reject by 
referendum any act of the legislature except an appropriation of money. 
A referendum shall be held either upon order by the legislature or upon 
petition signed by at least five percent of the qualified electors in each of 
at least one-third of the legislative representative districts. The total 
number of signers must be at least five percent of the qualified electors of 
the state. A referendum petition shall be filed with the secretary of state 
no later than six months after adjournment of the legislature which passed 
the act. 

(2) An act referred to the people is in effect until suspended by peti- 
tions signed by at least 15 percent of the qualified electors in a majority 
of the legislative representative districts. If so suspended the act shall 
become operative only after it is approved at an eleetion, the result of 
which has been determined and declared as provided by law. 

Convention Notes act of the legislature except appropria- 

Revises 1889 constitution [Art. V, sec. tions and by requiring referendum peti- 

1] by allowing people to vote on any tions to be signed by 5% of the electors in 



CONSTITUTION OF MONTANA Art. IV, § 2 

1/3 of the legislative districts instead of dums on laws "necessary for the immedi- 
8% of the electors in 2/5 of the counties, ate preservation of the public peace, 
(1889 Constitution does not allow referen- health, or safety.") 

Section 6. Elections. The people shall vote on initiative and referen- 
dum measures at the general election unless the legislature orders a special 
election. 

Convention Notes 

No change except in grammar [Art. V, 
sec. 1]. 

Section 7. Number of electors. The number of qualified electors re- 
quired in each legislative representative district and in the state shall be 
determined by the number of votes cast for the office of governor in the 
preceding general election. 

Convention Notes 

No change except in grammar [Art. V, 
sec. 1]. 

Section 8. Prohibition. The provisions of this Article do not apply to 
CONSTITUTIONAL REVISION, Article XIV, 

Convention Notes quirements from the special initiative and 

New provision which differentiates the referendum requirements for amending 
general initiative and referendum re- the constitution. 

Section 9. Gambling. All forms of gambling, lotteries, and gift enter- 
prises are prohibited unless authorized by acts of the legislature or by the 
people through initiative or referendum. 

Compiler's Notes Convention Notes 

This section became a part of the con- Adds the word "gambling" to language 

stitution as the result of the approval by of 1889 constitution [Art. XIX, sec. 2]. 

the electorate of a separately submitted Makes it clear that all forms of gambling 

provision. The adoption added: "unless are prohibited. [See Compiler's Notes, 

authorized by acts of the legislature or above.] 
by the people through initiative or 
referendum." 

ARTICLE IV 
SUFFRAGE AND ELECTIONS 

Section 1. Ballot. All elections by the people shall be by secret ballot. 
Convention Notes 

Revises 1889 constitution [Art. IX, sec. 
1 ] by adding the word "secret." 

Section 2. Qualified elector. Any citizen of the United States 18 
years of age or Older who meets the registration and residence require- 
ments provided by law is a qualified elector unless he is serving a sentence 
for a felony in a penal institution or is of unsound mind, as determined by 
a court. 

Convention Notes fejon loses voting rights only while in- 

Revises 1889 constitution [Art. IX, carcerated. (18 is voting age established 

sees. 2, 3, 6, 8, 12]. Provides legislative for ALL elections by 26th amendment to 

rather than constitutional requirements U.S. constitution ratified June 30, 1971). 
for residence and registration. Convicted 



Art. IV, § 3 CONSTITUTION OF MONTANA 

Section 3. Elections. The legislature shall provide by law the require- 
ments for residence, registration, absentee voting, and administration of 
elections. It may provide for a system of poll booth registration, and shall 
insure the purity of elections and guard against abuses of the electoral 
process. 

Convention Notes comply with federal requirements it is 

Revises 1889 constitution [Art. IX, sees. much easier to change the law than to 

2, 9]. Provides legislative rather than amend the constitution. Second sentence 

constitutional establishment of require- specifically authorizes legislature to pro- 

ments which are often affected by (and vide for voter registration at time and 

sometimes in conflict with) federal law place of voting — rather than in advance 

and court decisions. When necessary to of election. 

Section 4. Eligibility for public office. Any qualilSed elector is eligi- 
ble to any public office except as otherwise provided in this constitution. 
The legislature may provide additional qualifications but no person con- 
victed of a felony shall be eligible to hold office until his final discharge 
from state supervision. 

Convention Notes to seek public office is automatically re- 

Revises 1889 constitution [Art. IX, sees. stored after serving sentence. 
10, 11] by providing that a felon's right 

Section 5. Result of elections. In all elections held by the people, 
the person or persons receiving the largest number of votes shall be de- 
clared elected. 

Convention Notes 

No change except in grammar [Art. IX, 
sec. 13]. 

Section 6. Privilege from arrest. A qualified elector is privileged 

from arrest at polling places and in going to and returning therefrom, 

unless apprehended in the commission of a felony or a breach of the 

peace. 

Convention Notes iug the voting process unless during such 

1889 constitution [Art. IX, sec. 4] re- time he commits a felony or breach of 
worded. Voter is immune from arrest dur- peace. 

ARTICLE V 
THE LEGISLATURE 

Section 1.. Power and structure. The legislative power is vested in a 
legislature consisting of a senate and a house of representatives. The people 
reserve to themselves the powers of initiative and referendum. 

Compiler's Notes cerning a unicameral legislature, was not 
Section 2 of the Transition Schedule adopted by the electorate, 
provides that this section shall not be- 
come effective until the date the first Convention Notes 

redistricting and reapportionment plan No change except in grammar [Art. V, 

becomes law. sec. 1]. 
A separately submitted proposition con- 

Section 2. Size. The size of the legislature shall be provided by law, 
but the senate shall not have more than 50 or fewer than 40 members and 
the house shall not have more than 100 or fewer than 80 members. 



CONSTITUTION OF MONTANA Art. V, § 10 

Compiler's Notes Convention Notes 

Section 2 of the Transition Schedule New provision for determining size of 

provides that this section shall not be- legislature. 
come effective until the date the first 
redistricting and reapijortionment plan be- 
comes law. 

Section 3. Election and terms. A member of the house of repre- 
sentatives shall be elected for a term of two years and a member of the 
senate for a term of four years each to begin on a date provided by law. 
One-half of the senators shall be elected every two years. 

Compiler's Notes in which the first redistricting and re- 
Section 2 of the Transition Schedule apportionment plan becomes law. 

provides that this soction sliall not become "(2) The senators first elected under 

effective until the date the first redistrict- this Constitution shall draw lots to estab- 

iug and reapportionment plan becomes lish a term of two years for one-half of 

law. their number." 
Section 5 of the Transition Schedule 

provides: Convention Notes 

"(1) The terms of all legislators elected Revises 1889 constitution [Art. V, sec. 

before the effective date of this Constitu- 2] by adding requirement for staggered 

tion shall end on December 31 of the year terms for senators. 

Section 4. Qualifications. A candidate for the legislature shall be a 
resident of the state for at least one year next preceding the general elec- 
tion. For six months next preceding the general election, he shall be a 
resident of the county if it contains one or more districts or of the dis- 
trict if it contains all or parts of more than one county. 

Convention Notes dency requirements from one year to six 

Revises 1889 constitution [Art. V, sec. months and eliminating age requirements. 
3] by reducing district or county resi- 

Section 7. Vacancies. A vacancy in the legislature shall be filled by 

special election for the unexpired term unless otherwise provided by law. 

Convention Notes ing vacancies by election if the present 

New provision which would require fill- law requiring appointments is ever re- 
pealed. 

Section 10. Organization and procedure. (1) Each house shall judge 
the election and qualifications of its members. It may by law vest in the 
courts the power to try and determine contested elections. Each house 
shall choose its officers from among its members, keep a journal, and make 
rules for its proceedings. Each house may expel or punish a member for 
good cause shown with the concurrence of two-thirds of all its members. 

(2) A majority of each house constitutes a quorum. A smaller number 
may adjourn from day to day and compel attendance of absent members. 

(3) The sessions of the legislature and of the committee of the whole, 
all committee meetings, and all hearings shall be open to the public. 

(4) The legislature may establish a legislative council and other 
interim committees. The legislature shall establish a legislative post-audit 
committee which shall supervise post-auditing duties provided by law. 

(5) Neither house shall, without the consent of the other, adjourn or 
recess for more than three days or to any place other than that in which 
the two houses are sitting. 



Art. V, § 14 CONSTITUTION OF MONTANA 

Convention Notes ducting secret proceedings. (4) New pro- 

(1) and (2) no change except in gram- vision specifically allowing the legislature 

mar [Art. V, sees. 10, 11, 12], (3) Re- *<> create committees to work between the 

vises 1889 constitution [Art. V, sec. 13] annual meetings. (5) No change except in 

by preventing the legislature from con- grammar [Art. V, sec. 14]. 

Section 14. Districting and apportionment. (1) The state shall be 
divided into as many districts as there are members of the house, and each 
district shall elect one representative. Each senate district shall be com- 
posed of two adjoining house districts, and shall elect one senator. Each 
district shall consist of compact and contiguous territory. All districts 
shall be as nearly equal in population as is practicable. 

(2) In the legislative session following ratification of this constitution 
and thereafter in each session preceding each federal population census, 
a commission of five citizens, none of whom may be public oflBcials, shall be 
selected to prepare a plan for redistricting and reapportioning the state 
into legislative and congressional districts. The majority and minority 
leaders of each house shall each designate one commissioner. Within 20 
days after their designation, the four commissioners shall select the fifth 
member, who shall serve as chairman of the commission. If the four mem- 
bers fail to select the fiifth member within the time prescribed, a majority 
of the supreme court shall select him. 

(3) The commission shall submit its plan to the legislature at the first 
regular session after its appointment or after the census figures are avail- 
able. Within 30 days after submission, the legislature shall return the plan 
to the commission with its recommendations. Within 30 days thereafter, 
the commissison shall file its final plan with the secretary of state and it 
shall become law. The commission is then dissolved. 

Compiler's Notes house districts. Two house districts con- 
Section 1 of the Transition Schedule pro- stitute a senatorial district. (2) and (3) 
vides that this section shall be effective new provision which establishes a five 
January 1, 1973. member commission to recommend a re- 
„ 4.- -.T 4. apportionment plan after each U.S. census. 
Convention Notes l^g^^ Iggg constitution Art. VI, sees. 2, 3.] 
(1) New provision for single-member 

ARTICLE VI 
THE EXECUTIVE 

Section 1. Officers. (1) The executive branch includes a governor, 
lieutenant governor, secretary of state, attorney general, superintendent of 
public instruction, and auditor. 

(2) Each holds office for a term of four years which begins on the 
first Monday of January next succeeding election, and until a successor is 
elected and qualified. 

(3) Each shall reside at the seat of government, there keep the public 
records of his office, and perform such other duties as are provided in this 
constitution and by law. 

Convention Notes state examiner. The offices still appear in 

Revises 1889 constitution [Art. VII, sees. the law. All officers mentioned must re- 

1, 8, 20]. Kemoves constitutional status of side at capital. 1889 constitution exempts 

state treasurer, board of examiners, and lieutenant governor from this requirement. 

8 



CONSTITUTION OF MONTANA Art. VI, § 6 

Section 2. Election. (1) The governor, lieutenant governor, secre- 
tary of state, attorney general, superintendent of public instruction, and 
auditor shall be elected by the qualified electors at a general election pro- 
vided by law. 

(2) Each candidate for governor shall file jointly with a candidate 
for lieutenant governor in primary elections, or so otherwise comply with 
nomination procedures provided by law that the offices of governor and 
lieutenant governor are voted upon together in primary and general elec- 
tions. 

Convention Notes governor and lieutenant governor must run 

Only change [Art. VII, sec. 2] is sub- as a team, 
section (2) which is new requirement that 

Section 3. Qualifications. (1) No person shall be eligible to the 
office of governor, lieutenant governor, secretary of state, attorney general, 
superintendent of public instruction, or auditor unless he is 25 years of 
age or older at the time of his election. In addition, each shall be a citizen 
of the United States who has resided within the state two years next pre- 
ceding his election. 

(2) Any person with the foregoing qualifications is eligible to the 
office of attorney general if an attorney in good standing admitted to 
practice law in Montana who has engaged in the active practice thereof for 
at least five years before election. 

(3) The superintendent of public instruction shall have such educa- 
tional qualifications as are provided by law. 

Convention Notes state unchanged. New requirements that 

Revises 1889 constitution [Art. VII, candidate for attorney general be admitted 

sec. 3]. Sets 25 as age requirement for to practice law for five years and superin- 

governor, lieutenant governor, superin- tendeat of public instruction have educa- 

tendent of public instruction and attorney tional qualifications set by law. 
general. Age requirement for secretary of 

Section 6. Vacancy in ofiSce. (1) If the office of lieutenant governor 
becomes vacant by his succession to the office of governor, or by his death, 
resignation, or disability as determined by law, the governor shall appoint 
a qualified person to serve in that office for the remainder of the terra. 
If both the elected governor and the elected lieutenant governor become 
unable to serve in the office of governor, succession to the respective offices 
shall be as provided by law for the period until the next general election. 
Then, a governor and lieutenant governor shall be elected to fill the re- 
mainder of the original term. 

(2) If the office of secretary of state, attorney general, auditor, or 
superintendent of public instruction becomes vacant by death, resignation, 
or disability as determined by law, the governor shall appoint a qualified 
person to serve in that office until the next general election and until a 
successor is elected and qualified. The person elected to fill a vacancy 
shall hold the office until the expiration of the term for which his prede- 
cessor was elected. 

Convention Notes filling vacancy in office of lieutenant gov- 

Revises 1889 constitution [Art. VII, ernor. Senate confirmation no longer re- 

secs. 7, 15, 16] by changing method of quired for appointments to fill vacancies 

in offices listed. 



Art. VI, § 12 CONSTITUTION OF MONTANA 

Section 12. Pardons. The governor may grant reprieves, commuta- 
tions and pardons, restore citizenship, and suspend and remit fines and 
forfeitures subject to procedures provided by law. 

Convention Notes dons (which is provided for by law) and 

Revises 1889 constitution [Art. VII, to the board of prison commissioners 
sec. 9]. Deletes reference to board of par- (which is defunct). 

Section 14. Succession. (1) If the governor-elect is disqualified or 
dies, the lieutenant governor-elect upon qualifying for the office shall be- 
come governor for the full term. If the governor-elect fails to assume office 
for any other reason, the lieutenant governor-elect upon qualifying as such 
sliall serve as acting governor until the governor-elect is able to assume 
office, or until the office becomes vacant. 

(2) The lieutenant governor shall serve as acting governor when so 
requested in writing by the governor. After the governor has been absent 
from the state for more than 45 consecutive days, the lieutenant governor 
shall serve as acting governor. 

(3) He shall serve as acting governor when the governor is so dis- 
abled as to be unable to communicate to the lieutenant governor the fact 
of his inability to perform the duties of his office. The lieutenant governor 
shall continue to serve as acting governor until the governor is able to 
resume the duties of his office. 

(4) Whenever, at any other time, the lieutenant governor and at- 
torney general transmit to the legislature their written declaration that 
the governor is unable to discharge the powers and duties of his office, 
the legislature shall convene to determine whether he is able to do so. 

(5) If the legislature, within 21 days after convening, determines by 
two-thirds vote of its members that the governor is unable to discharge 
the powers and duties of his office, the lieutenant governor shall serve as 
acting governor. Thereafter, when the governor transmits to the legisla- 
ture his written declaration that no inability exists, he shall resume the 
powers and duties of his office within 15 days, unless the legislature 
determines otherwise by two-thirds vote of its members. If the legislature 
so determines, the lieutenant governor shall continue to serve as acting 
governor. 

(6) If the office of governor becomes vacant by reason of death, 
resignation, or disqualification, the lieutenant governor shall become gov- 
ernor for the remainder of the term, except as provided in this constitu- 
tion. 

(7) Additional succession to fill vacancies shall be provided by law. 

(8) "When there is a vacancy in the office of governor, the successor 
shall be the governor. The acting governor shall have the powers and 
duties of the office of governor only for the perioH during which he serves. 

Convention Notes eral think the governor is unable to per- 

Nev/ provision based on 25th amendment form his duties they may send notice to 

to U.S. Constitution. If governor dies, the legislature. By a two-thirds vote the 

is disqualified, or resigns, the lieutenant legislature can decide that the lieutenant 

governor takes his place. If governor is governor shall serve as acting governor 

gone from the state more than 45 days because the governor is unable to act. 

or is temporarily disabled the lieutenant [See 1889 constitution Art. VII, sees. 14, 

governor becomes acting governor. If the 15, 16.] 
lieutenant governor and the attorney gen- 

10 



CONSTITUTION OF MONTANA Art. VII, § 7 

ARTICLE VII 
THE JUDICIARY 

Section 3. Supreme court organization. (1) The supreme court con- 
sists of one chief justice and four justices, biit the legislature may increase 
the number of justices from four to six. A majority shall join in and pro- 
nounce decisions, which must be in writing. 

(2) A district judge shall be substituted for the chief justice or a 
justice in the event of disqualification or disability, and the opinion of 
the district judge sitting with the supreme court shall have the same 
effect as an opinion of a justice. 

Convention Notes to six should the need arise [Art. Vin, 

Only change, except in grammar, allows sec. 5]. 
legislature to increase number of justices 

Section 5. Justices of the peace. (1) There shall be elected in each 
county at least one justice of the peace with qualifications, training, and 
monthly compensation provided by law. There shall be provided such 
facilities that they may perform their duties in dignified surroundings. 

(2) Justice courts shall have such original jurisdiction as may be 
provided by law. They shall not have trial jurisdiction in any criminal 
case designated a felony except as examining courts. 

(3) The legislature may provide for additional justices of the peace 
in each county. 

Convention Notes 1889 constitution [Art. VIU, sec. 21] to 

(1) Eevises 1889 constitution [Art. types of cases which may not be bandied 

"VIII, sec. 20] by requiring one justice of by a justice of the peace and provides 

the peace in each county instead of two that legislature may determine this except 

in each township and allows legislature to that they may not try felony cases. (3) 

set qualifications, training standards and No change except in grammar [Art. Vm, 

salaries. Provision for "dignified surround- sec. 20]. 
ings" is new. (2) Deletes references in 

Section 6. Judicial districts. (1) The legislature sliall divide the 
state into judicial districts and provide for the number of judges in each 
district. Each district shall be formed of compact territory and be bounded 
by county lines. 

(2) The legislature may change the number and boundaries of judicial 
districts and the number of judges in each district, but no change in 
boundaries or the number of districts or judges therein shall work a 
removal of any judge from ofiSce during the term for which he was elected 
or appointed. 

(3) The chief justice may, upon request of the district judge, assign 
district judges and other judges for temporary service from one district 
to another, and from one county to another. 

Convention Notes sion allowing the chief justice temporarily 

(1) (2) No change except in grammar to assign judges to districts other than 
[Art. vm, sees. 12, 14]. (3) New provi- their own. 

Section 7. Terms and pay. (1) All justices and judges shall be 
paid as provided by law, but salaries shall not be diminished during terms 
of office. 

11 



Art. VII, § 8 



CONSTITUTION OF MONTANA 



(2) Terms of office shall be eight years for supreme court justices, 
six years for district court judges, four years for justices of the peace, 
and as provided by law for other judges. 



Compiler's Notes 

Section 4 of the Transition Schedule 
provides: "Supreme court justices, district 
court judges, and justices of the peace 
holding office when this Constitution be- 
comes effective shall serve the terms for 
which they were elected or appointed." 



Convention Notes 

(1) No change except in grammar [Art. 
VTII, sec. 29]. (2) Supreme Court justice 
terms increased from six to eight years, 
district court judges from four to six 
and justices of the peace from two to four 
years [Art. VIII, sees. 7, 12, 20]. 



Section 8. Selection. (1) The governor shall nominate a replace- 
ment from nominees selected in the manner provided by law for any va- 
cancy in the office of supreme court justice or district court judge. If the 
governor fails to nominate within thirty days after receipt of nominees, the 
chief justice or acting chief justice shall make the nomination. Each nomi- 
nation shall be confirmed by the senate, but a nomination made while 
the senate is not in session shall be effective as an appointment until the 
end of the next session. If the nomination is not confirmed, the office 
shall be vacant and another selection and nomination shall be made. 

(2) If, at the first election after senate confirmation, and at the elec- 
tion before each succeeding term of office, any candidate other than the 
incumbent justice or district judge files for election to that office, the 
name of the incumbent shall be placed on the baUot. If there is no election 
contest for the office, the name of the incumbent shall nevertheless be 
placed on the general election ballot to allow voters of the state or dis- 
trict to approve or reject him. If an incumbent is rejected, another selec- 
tion and nomination shall be made. 

(3) If an incumbent does not run, there shall be an election for the 
office. 



Convention Notes 

Eevises 1889 constitution [Art. Vill, 
sees. 6, 8, 12]. Contested election of 
judges is not changed, however if a judge 
in office does not have an opponent in an 
election his name will be put on the 
ballot anyway and the people asked to 
approve or reject him. If rejected, the 
governor appoints another judge. When 



there is a vacancy (such as death or resig- 
nation) the governor appoints a replace- 
ment but does not have unlimited choice 
of lawyers as under 1889 constitution 
[Art. VIII, sec. 34]. He must choose his 
appointee from a list of nominees and 
the appointment must be confirmed by 
the senate — a new requirement. 



Section 9. Qualifications. (1) A citizen of the United States who 
has resided in the state two years immediately before taking office is 
eligible to the office of supreme court justice or district court judge if 
admitted to the practice of law in Montana for at least five years prior 
to the date of appointment or election. Qualifications and methods of 
selection of judges of other courts shall be provided by law. 

(2) No supreme court justice or district court judge shall solicit or 
receive compensation in any form whatever on account of his office, except 
salary and actual necessary travel expense. 

(3) Except as otherwise provided in this constitution, no supreme 
court justice or district court judge shall practice law during his term of 
office, engage in any other employment for which salary or fee is paid, or 
hold office in a political party. 

12 



CONSTITUTION OF MONTANA Art. XI, § 2 

(4) Supreme court justices shall reside within the state. Every other 
judge shall reside during his term of office in the district, county, town- 
ship, precinct, city or town in which he is elected or appointed. 

Convention Notes new. (2) Revises 1889 constitution [Art. 

(1) Revises 1889 constitution [Art. "VTII. sec. 30] by specifically allowing 

Vin. sees. 10, 16] by making residency travel expense. (3) Only change [Art. 

requirements for candidates for district "VTII, sec. 35] specifically prohibits a 

court judgeship the same as for supreme judge from holding office in a political 

court and by deleting age requirements. party. (4) No change except in grammar 

Requirement for five years of law practice [Art. "VIII, sec. 33]. 

Section 10. Forfeiture of judicial position. Any holder of a judicial 

position forfeits that position by either filing for an elective public oflBce 

other than a judicial position or absenting himself from the state for 

more than 60 consecutive days. 

Convention Notes state for more than 60 days. [See 1889 

New provision. A judge may not run constitution Art. "VIII, sec. 37.] 
for any other public office, or be out of 

ARTICLE VIII 
REVENUE AND FINANCE 

Section 8. State debt. No state debt shall be created unless au- 
thorized by a two-thirds vote of the members of each house of the legis- 
lature or a majority of the electors voting thereon. No state debt shall 
be created to cover deficits incurred because appropriations exceeded an- 
ticipated revenue. 

Convention Notes on state debt with provision that only a 

Revises 1889 constitution [Art. XIII, 2/3 vote of the legislature or majority 

see. 2] by replacing obsolete $100,000 limit vote at an election may create state debt. 

Section 10. Local government debt. The legislature shaU by law 

limit debts of counties, cities, towns, and all other local governmental 

entities. 

Convention Notes governmental entities will be set by law 

Revises 1889 constitution [Art. XIII, rather than by the constitution, 
sees. 5, 6]. Debt limitations for all local 

ARTICLE X 
EDUCATION AND PUBLIC LANDS 

Section 8. School district trustees. The supervision and control of 

schools in each school district shall be vested in a board of trustees to be 

elected as provided by law. 

Convention Notes XI, see. 10] that elections for school dis- 

New provision which guarantees con- trict officers must be separate from state 

trol of schools to local boards. Deletes and county elections. 

requirement in 1889 constitution [Art. 

ARTICLE XI 
LOCAL GOVERNMENT 

Section 2. Connties. The counties of the state are those that exist on 
the date of ratification of this constitution. No county boundary may be 

13 



Art. XI, § 3 CONSTITUTION OF MONTANA 

changed or county seat transferred until approved by a majority of those 
voting on the question in each county affected. 

Convention Notes changes. 1889 constitution requires m»- 

Eevises 1889 constitution [Art. XVI, jority of qualified electors. [See also 1889 

see. 2] by requiring only majority of those constitution Art. XVI, sec. 1.] 

voting to approve county seat or boundary 

Section 3. Forms of government. (1) The legislature shall provide 
methods for governing local government units and procedures for incor- 
porating, classifying, merging, consolidating, and dissolving such units, and 
altering their boundaries. The legislature shall provide such optional or 
alternative forms of government that each unit or combination of units 
may adopt, amend, or abandon an optional or alternative form by a major- 
ity of those voting on the question. 

(2) One optional form of county government includes, but is not 
limited to, the election of three county commissioners, a clerk and re- 
corder, a clerk of district court, a county attorney, a sheriff, a treasurer, 
a surveyor, a county superintendent of schools, an assessor, a coroner, 
and a public administrator. The terms, qualifications, duties, and compen- 
sation of those offices shall be provided by law. The Board of county 
commissioners may consolidate two or more such offices. The Boards of 
two or more counties may provide for a joint office and for the election of 
one official to perform the duties of any such office in those counties. 

Convention Notes more counties may agree to elect one 
New provision directing legislature to official to serve a multicounty area. Of- 
provide alternative forms of city and fices within counties are subject to con- 
county or city-county governments, one of solidation. [See Art. XVI, sees. 4, 5, 6, 7, 
which must be the "traditional" form in- 8.] 
eluding the elected officials listed. Two or 

Section 5. Self-government charters. (1) The legislature shall pro- 
vide procedures permitting a local government unit or combination of 
units to frame, adopt, amend, revise, or abandon a self-government char- 
ter with the approval of a majority of those voting on the question. The 
procedures shall not require approval of a charter by a legislative body. 

(2) If the legislature does not provide such procedures by July 1, 1975, 
they may be established by election either : 

(a) Initiated by petition in the local government unit or combination 
of units ; or 

(b) Called by the governing body of the local government unit or 
combination of units. 

(3) Charter provisions establishing executive, legislative, and adminis- 
trative structure and organization are superior to statutory provisions. 

Convention Notes ernment (self-government charters). The 

New provision directing legislature to charter provisions concerning structure of 

pass laws concerning procedures for local local governments would take precedence 

voters to design their own forms of gov- over general laws on such matters. 

Section 6. Self-government powers. A local government unit adopt- 
ing a self-government charter may exercise any power not prohibited by 
this constitution, law, or charter. This grant of self-government powers 
may be extended to other local government units through optional forms 
of government provided for in section 3. 

14 



CONSTITUTION OF MONTANA Art. XIV, § 2 

Convention Notes and to liave all powers not specifically 

New provision allowing local govern- denied. At present local govemmeuts have 
ment units to share powers with the state only tliose powers specifically granted. 

Section 7. Intergovernmental cooperation. (1) Unless prohibited by 
law or charter, a local government unit may 

(a) cooperate in the exercise of any function, power, or responsibility 
with, 

(b) share the services of any ofiScer or facilities with, 

(c) transfer or delegate any function, power, responsibility, or duty 
of any officer to one or more other local government units, school 
districts, the state, or the United States. 

(2) The qualified electors of a local government unit may, by initia- 
tive or referendum, require it to do so. 

Convention Notes ^ith other units of government, the state 

New provision allowing local govern- and the United States. 
ments to share services and functions 

Section 8. Initiative and referendum. The legislature shall extend 
the initiative and referendum powers reserved to the people by the con- 
stitution to the qualified electors of each local government unit. 

Convention Notes ordinances by petition or to petition to 

New provision directing legislature to vote on ordinances passed by local govern- 
give residents the power to initiate local ments. 

Section 9. Voter review of local government. (1) The legislature shall, 
within four years of the ratification of this constitution, provide procedures 
requiring each local government unit or combination of units to review its 
structure and submit one alternative form of government to the qualified 
electors at the next general or special election. 

(2) The legislature shall require a review procedure once every ten 
years after the first election. 

Convention Notes form of government. Laws must be passed 

New provision. By 1976 the legislature requiring local forms of government to be 

must give local residents the opportunity studied and evaluated every ten years. 

to vote on whether or not to change their 

ARTICLE XIV 
CONSTITUTIONAL REVISION 

Section 1. Constitutional convention. The legislature, by an affirma- 
tive vote of two-thirds of all the members, whether one or more bodies, 
may at any time submit to the qualified electors the question of whether 
there shall be an unlimited convention to revise, alter, or amend this con- 
stitution. 

Convention Notes lliat the legislature cannot call a con- 

Adds word "unlimited" to 1889 constitu- stitutional convention for limited purpose, 
tion [Art. XIX, sec. 8]. Makes it clear 

Section 2. Initiative for constitutional convention. (1) The people 
may by initiative petition direct the secretary of state to submit to the 
qualified electors the question of whether there shall be an unlimited con- 

15 



Art. XIV, § 3 CONSTITUTION OF MONTANA 

vention to revise, alter, or amend this constitution. The petition shall be 
signed by at least ten percent of the qualified electors of the state. That 
number shall include at least ten percent of the qualified electors in each of 
two-fifths of the legislative districts. 

(2) The secretary of state shall certify the filing of the petition in 
his office and cause the question to be submitted at the next general elec- 
tion. 

Convention Notes 

New provision. Enables people to peti- 
tion to call a constitutional convention. 

Section 3. Periodic submission. If the question of holding a convention 
is not otherwise submitted during any period of 20 years, it shall be sub- 
mitted as provided by law at the general election in the twentieth year 
following the last submission. 

Convention Notes mitted to vote of the people at least once 

New provision. The question of holding every 20 years, 
a constitutional convention must be sub- 

Section 4. Call of convention. If a majority of those voting on the 
question answer in the affirmative, the legislature shall provide for the 
calling thereof at its next session. The number of delegates to the conven- 
tion shall be the same as that of the larger body of the legislature. The 
qualifications of delegates shall be the same as the highest qualifications 
required for election to the legislature. The legislature shall determine 
whether the delegates may be nominated on a partisan or a non-partisan 
basis. They shall be elected at the same places and in the same districts 
as are the members of the legislative body determining the number of 
delegates. 

Convention Notes partisan basis. (1889 constitution not 

Eevises 1889 constitution [Art. XIX, explicit on this point. Montana Supreme 

sec. 8]. Legislature shall determine Court held convention delegates must run 

whether constitutional convention dele- on partisan basis.) 

gates be elected on partisan or non- 

Section 5. Convention expenses. The legislature shall, in the act call- 
ing the convention, designate the day, hour, and place of its meeting, and 
fix and provide for the pay of its members and officers and the necessary 
expenses of the convention. 

Convention Notes. 

No change except in grammar [Art. 
XIX, sec. 8]. 

Section 6. Oath, vacancies. Before proceeding, the delegates shall 

take the oath provided in this constitution. Vacancies occurring shall be 

filled in the manner provided for filling vacancies in the legislature if 

not otherwise provided by law. 

Convention Notes 

No change except in grammar [Art. 
XIX, sec. 8j. 

Section 7. Convention duties. The convention shall meet after the 
election of the delegates and prepare such revisions, alterations, or amend- 

16 



CONSTITUTION OF MONTANA Art. XIV, § 10 

ments to the constitution as may be deemed necessary. They shall be sub- 
mitted to the qualified electors for ratification or rejection as a whole or 
in separate articles or amendments as determined by the convention at an 
election appointed by the convention for that purpose not less than two 
months after adjournment. Unless so submitted and approved by a majority 
of the electors voting thereon, no such revision, alteration, or amendment 
shall take effect. 

Convention Notes time after election and that the election 

Only change is removal of requirements on the proposed constitution be held 

in 1889 constitution [Art. XIX, sec. 8] within six months. 

that a convention meet within a certain 

Section 8. Amendment by legislative referendum. Amendments to 
this constitution may be proposed by any member of the legislature. If 
adopted by an affirmative roll call vote of two-thirds of all the members 
thereof, whether one or more bodies, the proposed amendment shall be 
submitted to the qualified electors at the next general election. If approved 
by a majority of the electors voting thereon, the amendment shall become 
a part of this constitution on the first day of July after certification of 
the election returns unless the amendment provides otherwise. 

Convention Notes tional amendment by a vote of two-thirds 

Kevises 1889 constitution [Art. XIX, of total membership rather than two-thirds 

see. 9]. Legislature may propose constitu- of each house. Provides for July effective 

date for amendments. 

Section 9. Amendment by initiative. (1) The people may also pro- 
pose constitutional amendments by initiative. Petitions including the full 
text of the proposed amendment shall be signed by at least ten percent 
of the qualified electors of the state. That number shall include at least 
ten percent of the qualified electors in each of two-fifths of the legislative 
districts. 

(2) The petitions shall be filed with the secretary of state. If the 
petitions are found to have been signed by the required number of elec- 
tors, the secretary of state shall cause the amendment to be published as 
provided by law twice each month for two months previous to the next 
regular state-wide election. 

(3) At that election, the proposed amendment shall be submitted to 
the qualified electors for approval or rejection. If approved by a majority 
voting thereon, it shall become a part of the constitution effective the 
first day of July following its approval, unless the amendment provides 
otherwise. 

Convention Notes 

New provision. Ten percent of voters 
may propose constitutional amendments by 
petition. 

Section 10. Petition signers. The number of qualified electors re- 
quired for the filing of any petition provided for in this Article shall 
be determined by the number of votes cast for the office of governor 
in the preceding general election. 

Convention Notes 

New provision. Self-explanatory. 

17 



Art. XIV, § 11 



CONSTITUTION OF MONTANA 



Section 11. Submission. If more than one amendment is submitted at 
the same election, each shall be so prepared and distinguished that it can 
be voted upon separately. 

Convention Notes 

No change except in grammar [Art. 
XIX, see. 9]. 

TRANSITION SCHEDULE 

The following provisions shall remain part of this Constitution until 
their terms have been executed. Once each year the attorney {nreneral shall 
review the following provisions and ecrtify to the secretary of state which, 
if any, have been executed. Any provisions so certified shall thereafter be 
removed from this Schedule and no longer published as part of this Con- 
stitution. 

Section 1. Accelerated Effective Date 

Section 2. Delayed Effective Date 

Section 3. Prospective Operation of Declaration of Rights 

Section 4. Terms of Judiciary 

Section 5. Terms of Legislators 

Section 6. General Transition 
Convention Notes 

Provides for an orderly change from 
the 1889 constitution to the 1972 constitu- 
tion. 



Section 1. Accelerated effective date. Section 6 (SESSIONS) and 
section 14 (DISTRICTING AND APPORTIONMENT) of Article V, THE 
LEGISLATURE, shall be effective January 1, 1973. 



Compiler's Notes 

Section 1 of the Adoption Schedule pro- 
vided: "This Constitution, if approved by 
a majority of those voting at the election 
as provided by the Constitution of 1889, 
shall take effect on July 1, 1973, except as 
otherwise provided in sections 1 and 2 of 
the Transition Schedule. The Constitution 
of 1889, as amended, shall thereafter be of 
no effect." 

The Adoption Schedule, submitted with 
the proposed Constitution for limited pur- 



poses only, is not reprinted in this pam- 
phlet since the introduction to the sched- 
ule provided that it should not be published 
as a part of the new Constitution. 

Convention Notes 

Proposed section on annual legislative 
sessions and reapportionment of the legis- 
lature would be effective January 1, 1973. 
The reapportionment commission could 
then be appointed by the 1973 legislature 
and report its plan to the 1974 legislature. 



Section 2. Delayed effective date. The provisions of sections 1, 2, and 
3 of Article V, THE LEGISLATURE, shall not become effective until the 
date the first redistricting and reapportionment plan becomes law. 

Convention Notes becomes law. If this is in 1974 then elec- 

Sections on size of legislature, election tions would be held in November 1974 for 

and terms of its members would become new members of the legislature to take 

effective when the reapportionment plan office January 1, 1975. 

Section 3. Prospective operation of declaration of rights. Any rights, 
procedural or substantive, created for the first time by Article II shall 
be prospective and not retroactive. 



Convention Notes 

Any new rights created in Article II 
take effect only after July 1, 1973. It 



docs not create any rights for past 
events. 



18 



CONSTITUTION — TRANSITION SCHEDULE § 6 

Section 4. Terms of judiciary. Supreme court justices, district court 
judges, and justices of the peace holding office when this Constitution 
becomes effective shall serve the terms for which they were elected or ap- 
pointed. 

Convention Notes this provision makes it clear that all 

Since the proposed constitution changes .i'ldgjes may serve to the end of the term 
Ihc length of terms of office of .iudgcs for which they were elected. 

Section 5. Terms of legislators. (1) The terms of all legislators elected 
before the effective date of this Constitution shall end on December 31 
of the 3'ear in which the first redistricting and reapportionment plan 
becomes law. 

(2) The senators first elected under this Constitution shall draw lots 
to establish a term of two years for one-half of their number. 

Convention Notes V provides that senators have four year 

(1) If the reapportionment and redis- terms but that one-half are elected every 

tricting plan becomes effective after the two years. This section provides that one- 

1974 legislative session, the terms of leg- half of the senators first elected will have 

islators serving in that session would end only two year terms. 

December 31, 1974. (2) Section 3, Article 

Section 6. General transition. (1) The rights and duties of all public 
bodies shall remain as if this Constitution had not been adopted with 
the exception of such changes as are contained in tliis Constitution. All 
laws, ordinances, regulations, and rules of court not contrary to, or incon- 
sistent with, the provisions of this Constitution shall remain in force, until 
they shall expire by their own limitation or shall be altered or repealed 
pursuant to this Constitution. 

(2) The validity of all public and private bonds, debts, and contracts, 
and of all suits, actions, and rights of action, shall continue as if no 
change had taken place. 

(3) All officers filling any office by election or appointment shall con- 
tinue the duties thereof, until the end of the terms to which they were ap- 
pointed or elected, and until their offices shall have been abolished or their 
successors selected and qualified in accordance with this Constitution or 
laws enacted pursuant thereto. 

Convention Notes rights or duties or the validity of con- 

Unless the proposed constitution speci- tracts, bonds, etc. All elected officials 
fically changes a laAv it will not affect any serve out their present terms. 



19 



1-804 ELECTION LAWS 



TITLE 1— AERONAUTICS 

CHAPTER 8— ESTABLISHMENT OF 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 or the city or town council may each year assess and 
levy in addition to the annual levy for general administrative purposes 
or the all-purpose levy authorized by sections 84-4701.1 and 84-4701.2, a 
tax of not to exceed two (2) mills on the dollar of taxable value of the 
property of said county, city or town. In the event of a jointly established 
airport or landing field, the county commissioners and the council or coun- 
cils involved shall determine in advance the levy necessary for such pur- 
poses and the proportion each political subdivision joining in the venture 
shall pay, provided that no property within any political subdivision shall 
be subject to a tax pursuant to this section at an annual rate in excess of 
two (2) mills. Provided, that if it be found that the levy hereby authorized 
will be insufficient for the purposes herein enumerated, the commissioners 
and councils acting are hereby authorized and empowered to contract an 
indebtedness on behalf of such county, city or town, as the case may be, 
upon the credit thereof by borrowing money or issuing bonds for such 
purposes, provided that no money may be borrowed and no bonds may be 
issued for such purpose until the proposition has been submitted to the 
qualified electors, and a majority vote to be cast therefor, except that 
for the purpose of establishing a reserve fund to resurface, overlay, or im- 
prove existing runways, taxiways and ramps, said governing bodies may 
set up annual reserve funds in their annual budget, provided said reserve 
is approved by the governing bodies during the normal budgeting pro- 
cedure. Provided further that the necessity to resurface or improve said 
runways by overlays or similar methods every so many years is based upon 
competent engineering estimates, and provided that said funds are expend- 
ed at least within each ten (10) year period. Said fund shall not exceed at 
any time a competent engineering estimate of the cost of resurfacing or 
overlaying the existing runways, taxiways and ramps, of any one airport for 
each said fund. The governing body of said airport, if in its judgment 
deems it advantageous, may invest the fund in any interest-bearing depos- 
its 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. Interest earned 
from such investments shall be credited to the operations and maintenance 
budget of said airport governing body. The above provisions, notwithstand- 
ing other budget control measures, and due to the uniqueness of the subject 
matter, are hereby declared necessary in the interests of the public health 
and safety. 

History: En. Sec. 4, Ch. 108, L. 1929; 1969; amd. Sec. 16, Ch. 158, L. 1971; amd. 
amd. Sec. 4, Ch. 54, L. 1941; amd. Sec. 1, Sec. 3, Ch. 501, L. 1973. 
Ch. 54, L. 1945; amd. Sec. 1, Ch. 122, L. 

20 



ALCOHOLIC BEVERAGES 4-414 



TITLE 4^ALC0H0LIC BEVERAGES 

CHAPTER 3— MONTANA BEER ACT— LICENSING SALE OF BEER 
UNDER SUPERVISION OF STATE LIQUOR CONTROL BOARD 

Section 

4-303. Closing hours for license retail beer establishments. 

4-854, Effect when vote is against sale of beer. 

4-303. Closing hours for licensed retail beer establishments. Hereafter 
all licensed establishments wherein beer as defined by subsection (b) of sec- 
tion 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. ; 

provided, however, that when any municipal incorporation has by ordinance 
further restricted the hours of sale of beer, then the sale of beer is pro- 
hibited Avithin the limits of an.y such city or town during the time such 
sale is prohibited by this act and in addition thereto during the hou.o 
that it is prohibited by such ordinance. 

History: En. Sec. 1, Ch. 161, L. 1943; 
amd. Sec. 1, Cli. 162, L. 1959; amd. Sec. 1, 
Ch. 242, L. 1973. 

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 com- 
missioners 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 liquor control board, and after the publication of notice pro- 
claiming the result of the election is against the sale of beer, all licenses 
then existing shall be canceled by the state liquor control board, and there- 
after it shall be unlawful to sell any beer in any such county. 

History: En. Sec. 54, Ch. 106, L. 1933; 
amd. Sec. 1, Ch. 391, L. 1973. 

CHAPTER 4— MONTANA RETAIL LIQUOR LICENSE ACT— SALES BY 

LICENSEES OF BOARF 

Section 

4-414. Hours for sale of liquor. 

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.; 
provided, however, when any city, or incorporated or unincorporated town 
has any ordinance further restricting the hours of sale of liquor, such re- 
stricted hours shall be the hours during which sale of liquor at retail shall 
not be permitted within the jurisdiction of any such city or town. 

History: En. Sec. 12, Ch, 84, L. 1937; (c) reading: "On any day of a biennial 
amd. Sec. 2, Ch. 162, L. 1959; amd. Sec. 1, general or primary election at which state 
Ch. 296, L. 1973. and national officers are elected, during 

the hours when the polls are open, but 

Amendments „ot on the day of any other election." 

The 1973 amendment deleted a clause 

21 



11-203 ELECTION LAWS 



TITLE 11— CITIES AND TOWNS 

CHAPTER 2— CLASSIFICATION AND ORGANIZATION 
OF CITIES AND TOWNS 
Section 
11-203. Organization of cities and towns — petition and census. 

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 two thirds (2/3) of the qualified electors, but not more than three 
hundred (300) such electors Avho are residents of the state, and residing 
within the limits of the proposed incorporation, to the board of county 
commissioners of the county in which the territory is situated, which peti- 
tion must describe the limits of the proposed city or town, and of the sev- 
eral wards thereof each of which shall contain one hundred fifty (150) 
qualified electors or more and, 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 oflfice 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 house-to-house 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 may be formed unless the number of inhabitants is three hun- 
dred or upwards ; and unless the boundary of the proposed territory to be 
incorporated is more than three (3) miles from the boundary, measured 
from the nearest point between the two (2), of any presently incorporated 
city or town or there is presented to the board, appropriate evidence that 
any presently incorporated, city or town within three (3) miles which legally 
could annex, but has refused to annex the proposed territory. 

History: En. Sec. 315, Sth. Div. Comp. 1, Ch. 56, L. 1909; re-en. Sec. 4961, R. 
Stat. 1887; re-en. Sec. 4720, Pol. C. 1895; C M. 1921; amd. Sec. 1, Ch. 86, Is. 1973; 
re-en. Sec. 3208, Rev. C. 1907; amd. Sec. amd. Sec. 1, Ch. 5l5, L. 1973. 

CHAPTER 7— OFFICERS AND ELECTIONS 

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 

appointed by the mayor, with the advice and consent of the council, one 

clerk, who may be ex officio assessor and tax collector and a member of 

the council, 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, Rev. C. 1907; re-en. Sec. 
4997, R. O. M. 1921; amd. Sec. 1, Oh. 146, 
L. 1974. 

22 



CITIES AND TOWNS 11-721 

11-710. (5004) Qualification of mayor. No person shall be eligible 
to the ofifice of mayor unless he shall be at least twenty-one (21) 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. Sec. 8, p. 65, Ex. L. 1887; c. M. 1921; amd. Sec. 1, Ch. 76, L. 1961; 
amd. Sec. 4749, Pol. C. 1895; re-en. Sec. amd. Sec. 1, Ch. 177, L. 1974. 
3225, Rev. C. 1907; re-en. Sec. 5004, R. 

11-716. (5010) Repealed. 

Repeal dency requirements for electors, was re- 

Sectiou 11-716 (Sec. 4755, Pol. C. 1895; pealed by Sec. 2, Ch. 40, Laws 1973. 
Sec. 5, Ch. 76, L. 1961), relating to resi- 

11-719. (5013) Oath and bonds — vacancy. Each officer of a city or 
town must take the constitutional oath of office, and such as may be re- 
quired 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 anyone, 
either elected or appointed to office, fails for ten days to qualify as re- 
quired 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 discharge his duties, such office ma}' 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. 4758, Pol. C. 1895; 
re-en Sec. 3234, Rev. C. 1907; re-en. Sec. 
5013, R. C. M. 1921; amd. Sec. 1, Ch. 7, 
L. 1973. 

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 qualifi- 
cation 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 nonelected officer. 

History: En. Sec. 1, Ch. 72, L. 1903; 
re-en. Sec. 3236, Rev. C. 1907; re-en. Sec. 
5015, R. C. M. 1921; amd. Sec. 1, Ch. 26, 
L. 1974. 

CHAPTER 9— POWERS OF CITY AND TOWN COUNCILS 

Section 

11-966. Purposes for which indebtedness may be incurred — limitation — additional 

indebtedness for sewer or water system — procuring water supply and .system 

— jurisdiction of public works appurtenances. 

23 



11-966 ELECTION LAWS 

11-966. (5039.63) Piirposes for which indebtedness may be incurred — 
limitation — additional indebtedness for sewer or water system — procuring 
water supply and system — jurisdiction of public works appurtenances. The 

city or town council has power: (1) To contract an indebtedness on behalf 
of a city or town, npon the credit thereof, by borrowing money or issuing 
bonds for the following purposes, to wit: Erection of public buildings, con- 
struction 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 main- 
taining 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; reconstructing and 
repairing pavement, gutters, curbs and vehicle parking strips and to pay 
all or any portion of the cost thereof, and the funding of outstanding war- 
rants and maturing bonds ; 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 value of the taxable property of the city or town, as ascertained by 
the last assessment for state and county taxes; provided, that no moiiey 
must be borrowed on bonds issued for the construction, purchase, or secur- 
ing of a water plant, water system, water supply, sewage treatment and 
disposal plant, or sewerage system, until the proposition has been submitted 
to a vote and the majority vote cast in favor thereof; and, further provided, 
that an additional indebtedness shall be incurred, when necessary, to con- 
struct 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 (109f) 
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 question shall liave been submitted to a vote and carried in the affirm- 
ative by a vote of the majority of the electors who vote upon such question. 

(3) and (4). * * * [Same.l 

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. 1959; amd. Sec. 1, Ch. 

amd. Sec. 1, Ch. 20, L. 1927; amd. Sec. 1, 158, L. 1963; amd. Sec. 1, Ch. 100, L. 1973. 

Ch. 35, L. 1947; amd. Sec. 1, Ch. 152, L. See also history of section 11-901. 



CHAPTER 10— POWERS OF CITY AND TOWN COUNCILS (continued) 

11-1019. 

[Section 21, Ch. 315, Laws 1974, substituted "public service commission' 
in this section for "Montana railroad and public service commission."] 

24 



CITIES AND TOWNS 11-2301 

11-1021. 

[Section 21, Ch. 315, Laws 1974, substituted "public service commission" 
in this section for "Montana railroad and public service commission."] 

CHAPTER 20— FIRE PROTECTION IN UNINCORPORATED 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) 
and (b). * * * [Same.] 

(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, which has any 
boundary line lying within five (5) straight line miles of any boundary 
line of such district, whether the city or town or other fire district shall lie 
within the same county or another county, for the extension of fire pro- 
tection service by the city or town or by such other fire district, to property 
included within such district, and may agree to pay a reasonable considera- 
tion therefor, provided, that the owners of ten per cent (10%) of the tax- 
able value of the property in any such fire district may elect to make 
such a contract. Likewise, the trustees may contract to permit such fire 
district's equipment and facilities to be used by the cities, towns, or other 
fire districts which have any boundary lines lying within five (5) straight 
line miles of any boundary line of such district. Likewise, the trustees 
may enter into contracts with public or private parties under which such 
district fire company may extend fire protection to public or private 
property lying outside of such district or any other district or city limits, 
but within five (5) straight line miles of any boundary line of such dis- 
trict, whether such public or private property shall lie within the same 
county or another county; and such district fire company may use such fire 
district's equipment, and facilities outside of such district in the perform- 
ance of such contracts. All monej^s received from such contracts shall be 
deposited in the county treasurer's office and credited to the fire district 
fund holding such contracts. 

(d). * * • [Same.] 

History: En. Sec. 1, CJh. 107, L. 1911; Sec. 2, Ch. 75, L. 1953; amd. Sec. 2, Ch. 

amd. Sec. 1, Ch. 19, L. 1921; re-en. Sec. 77, L. 1959; amd. Sec. 1, Ch. 2, L. 1965; 

5149, R. C. M. 1921; amd. Sec. 1, Ch. 130, amd. Sec. 1, Ch. 333, L. 1969; amd. Sec. 

L. 1925; amd. Sec. 3, Ch. 97, L. 1947; amd. 1, Ch. 120, L. 1973. 

CHAPTER 23— MUNICIPAL BONDS AND INDEBTEDNESS 

Section 

11-2301. Creation of indebtedness — submission to taxpayers. 

11-2306. Petition for election — form — proof. 

11-2307.1. Resolution to issue bonds — when election required. 

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 organized under any of the laws there- 
of, shall deem it necessary to issue bonds pledging the general credit of the 
municipality 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 

25 



11-2306 ELECTION LAWS 

or town who are qualified to vote on such question, in the manner herein- 
after 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 : or the question of issuing revenue 
bonds not pledging the general credit of the municipality under any laws 
of this state ; 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 (V^ 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 meeting, 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, Ch. 100, L. 1933; amd. Sec. Sec. 1, Ch. 62, L. 1945; amd. Sec. 1, Ch. 
1, Ch. 12, L. 1937; amd. Sec. 1, Ch. 108, L. 413, L. 1973. 

11-2306. (5278.6) Petition for election— form— proof. No bonds shall 
be issued by a city or town pledging the general credit of the municipality 
for any purpose, except to fund or refund warrants or bonds issued prior 
to and outstanding on July first, 1942, as authorized 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 qualified electors 
of the city or town, and approved, as hereinafter provided. Such an elec- 
tion may be called by the city or town council or commission on its pas- 
sage of the necessary resolution as hereinafter provided or after there has 
been presented to the council or commission a petition, asking that such 
election be held and question submitted, signed by not less than twenty 
per centum (20%) of the qualified electors of the city or town. 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 
number, 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 peti- 
tion 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 com- 
pleted 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 showirg the qualifications of the petitioners, and attach thereto 

26 



CITIES AND TOWNS 11-2404 

a certificate, under his official signature, which shall set forth : 

(1) The total number of persons who are registered electors. 

(2) * * * [Same.] 

(3) Whether such qualified signers constitute more or less than 

twenty per centum (20%) of the registered electors of the city or town. 

History: En. Sec. 6, Ch. 160, L. 1931; 
amd. Sec. 2, Ch. 108, L. 1937; amd. Sec, 
2, Ch. 15, L. 1943; amd. Sec. 9, Ch. 158, 
L. 1971; amd. Sec. 2, Ch. 413, L. 1973. 

11-2307. (5278.7) Repealed. 

Repeal pal bonds, was repealed by Sec. 5, Ch. 413, 

Section 11-2307 (Sec. 7, Ch. 160, L. I^aws 1973. For new law, see sec. 11- 

1931), relating to submission to the elec- 2307.1. 

tors of a petition for issuance of munici- 

11-2307.1. Resolution to issue bonds — when election required. When 
the council or commission of any city or town deems it necessary to issue 
bonds pledging the general credit of the municipality pursuant to any 
statute of this state, the council shall pass and adopt a resolution which 
shall recite the purpose or purposes for which it is proposed to issue such 
bond, fix the amount of bonds to be issued for each purpose, determine 
the number of years through which such bonds are to be paid not exceed- 
ing the limits fixed in section 11-2303, and unless such bonds are revenue 
bonds not pledging the general credit of the municipality, making such 
provisions as are necessary for having the questions submitted to the quali- 
fied electors of the city or town at the next general city or town election 
or at a special election which the council or commission may call for such 
purpose. In cases where the bond issuance is proposed by petition the 
council or commission shall before submitting the measure to the electorate 
pass a resolution containing the information hereinabove required and in 
addition thereto, setting forth the essential facts in regard to the filing and 
presentation of the petition. 

History: En. 11-2307.1 by Sec. 3, Ch. having been filed a petition calling such 

413, L. 1973. election; authorizing the issuance of rev- 

* A ♦ enue bonds without an election; amend- 

Tltle of Act ing sections 11-2301, 11-2306 and 11-2404, 

An act authorizing cities and towns to R. C. M. 1947; and repealing section 11- 

hold elections on the issuance of general 2307, R. C. M. 1947. 

obligation bond issue without there first 

CHAPTER 24 — MUNICIPAL REVENUE BOND ACT OF 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 
without an election or, should the governing body in its sole discretion 
choose to submit the question to the electorate, when authorized by a 
majority of the qualified electors voting upon such question at a special 
election noticed and conducted as provided in sections 11-2308 to 11-2310, 
inclusive, and said special election shall be held not later than the next 

27 



11-3207 ELECTION LAWS 

municipal election held after the council or governing body of the mu- 
nicipality has by resolution or resolutions approved the acquisition, pur- 
chase, construction, reconstruction, improvement, betterment or extension 
of any undertaking as in this chapter provided and ordered said special 
election. 

Said bonds shall bear interest at such rate or rates not exceeding 
nine per cent (9%) 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 there- 
of, said bonds shall be sold at public sale after notice of such sale pub- 
lished once at least five (5) days prior to such sale in a newspaper cir- 
culating 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 Francisco, 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 advertising 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; amd. Sec. 11, Ch. 158, L. 1971; amd. Sec. 

amd. Sec. 2, Ch. 146, L. 1951; amd. Sec. 2, 5, Ch. 234, L. 1971; amd. Sec. 4, Ch. 413, 

Ch. 38, L. 1957; amd. Sec. 1, Ch, 52, L. L. 1973. 
1963; amd. Sec. 11-106, Ch. 264, L. 1963; 

CHAPTER 32— COMMISSION-MANAGER FORM OF GOVERNMENT 

11-3207. (5406) Manner of conducting election — canvassing votes. 
Such election shall be conducted, the vote canvassed, and the result de- 
clared in the same manner as provided by law in respect to other municipal 
elections. 

The provisions of section 11-3215 are specifically to be followed in the 

special election except that the date of the primary election shall be at 

least thirty (30) days before the special election; provided further that 

the provisions of section 11-3218.1 shall be applicable to this section. 

History: En. Sec. 7, Ch. 152, L. 1917; 
re-en. Sec. 5406, B. C. M. 1921; amd. Sec. 
1, Ch. 161, L. 1973. 

28 



CITIES AND TOWNS 11-3215 

11-3214. (5413) Qualifications of commissioners — interest in contracts 
not allowed — holding any political oflBce forbidden — accepting gratuities for- 
bidden. Members of the commission shall be residents of the city or town 
and have the qualifications of electors. Commissioners and other officers 
and employees shall not be interested in the profits or emoluments of any 
contract, job, work, or service for the municipality, and shall not hold any 
partisan political office or employment. Any commissioner Avho shall cease 
to possess any of the qualifications herein required, shall forthwith forfeit 
his office, and any such contract in which any member is or may be inter- 
ested, 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 com- 
missioner, nor to the city manager, nor to the city attorney, upon official 
business, nor to any other employee or official of said city on official busi- 
ness who exhibits written authority signed by the city manager. 

History: En. Sec. 15, Ch. 152, L. 1917; 
re-en. Sec. 5413, R. C. M. 1921; amd. Sec. 4, 
Ch. 31, L. 1923; amd. Sec. 1, Ch. 327, L. 
1974. 

11-3215. (5414) Nomination of candidates — primary election. (1) 

* * * [Same.] 

(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 thirty-five 
(35) days prior to said primary election, file with the clerk of the com- 
mission a statement of such candidacy in substantially the following form : 

State of Montana, 
County of 

I, , being first duly sworn, say that I reside at 

street, (city or town) of , county of , state of Mon- 
tana ; that I am a qualified voter therein ; that I am a candidate for nomina- 
tion to the office of commissioner to be voted upon at the primary elec- 
tion to be held on the last Tuesday of August, 19 , and I hereby re- 
quest that my name be printed upon the official primary ballot for nomi- 
nation by such primary election for such office. 

(Signed) 

Subscribed and sworn to (or affirmed) before me by on 

this Hay 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 veri- 
fied 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 : 

29 



11-3229 ELECTION LAWS 

(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 individually certify that we have not signed 
similar petitions greater in number than the number of commissioners to 
be chosen at the next general municipal election. 

Names of Qualifying Electors Number Street 

(Space for Signatures.) 

State of Montana, 
County of 

, being duly sworn, deposes and says, that he knows the 

qualifications and residence of each of the persons signing the appended 
petition, and that such signatures are genuine, and the signatures of the 
persons whose names they purport to be. 

(Signed) 

Subscribed and sworn to before me this day of , 

19 

(Notary Public), 

This petition, if found insufficient, shall be returned to at No. 

street, , Montana. 

(4) and (5). * * * [Same.] 

History: En. Sec. 16, Ch. 152, L. 1917; 1, Ch. 36, L. 1961; amd. Sec. 1, Ch. 2, L. 
re-en. Sec. 5414, R. C. M. 1921; amd. Sec. 1973. 

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 
statement, that he will do, or will not do, any particular act or acts, for 
the purpose of influencing the vote of any elector or electors at any elec- 
tion provided in this act; any person making false answer to any of the 
provisions of this act relative to his qualifications to vote at such election ; 
any person willfully voting or offering to vote at such election, who has 
not met the residency requirement of the state of Montana, or is not a citi- 
zen 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 misde- 
meanor, and, upon conviction, shall be fined a sum of not less than one 
hundred dollars ($100) nor more than five hundred dollars ($500), or be 
imprisoned in the county jail not less than ten (10) nor more than ninety 
(90) days, or both such fine and imprisonment. 

History: En. Sec. 30, Ch. 152, L. 1917; 
re-en. Sec. 5428, R. C. M. 1921 ; amd. Sec. 
2, Ch. 166, L. 1971; amd. Sec. 4, Ch. 100, 
L. 1973. 

30 



COUNTIES 16-402 



TITLE 16— COUNTIES 

CHAPTEE 3— REMOVAL OF COUNTY SEATS 

Section 

16-302. Submission to electors. 

16-305. Publication of result. 

16-302. (4370) Submission to electors. If the petition is signed by 
at least fifty per cent (50%) of the qualified electors 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 for 
the purpose of testing the sufficiency of any petition which may be presented 
to the county commissioners as provided in this section, the county commis- 
sioners shall compare such petition with the pollbooks 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 at least fifty per cent (50%) of the voters listed therein; and if 
such petition then shows that it has not been signed by at least fifty per 
cent (50%) of the voters of the county, 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 with- 
drawal of tlieir names from the original petition, it shall be deemed insuffi- 
cient, and the question of the removal of the county seat shall not be sub- 
mitted. 

History: En. Sec. 4158, Pol. C. 1895; L. 1919; re-en. Sec. 4370, R. C. M. 1921; 
amd. Sec. 2, p. 146, L. 1901; re-en. Sec. amd. Sec. 1, Ch. 406, L. 1973. Cal. Pol. 
2852, Rev. C. 1907; amd. Sec. 2, Ch. 10, C. Sec. 3977. 

16-305. (4373) Publication of result. When the returns have been re- 
ceived and compared, and the results ascertained by the board, if a ma- 
jority of the qualified electors voting on the question 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; 1921; amd. Sec. 2, Ch. 406, L. 1973. Cal. 
re-en. Sec. 2855, Rev. C. 1907; amd. Sec. 1, Pol. C. Sec. 3981. 
Ch. 27, L. 1921; re-en. Sec. 4373, R. C. M. 

CHAPTER 4— LOCATION OF COUNTY SEATS 

Section 

16-402. Designation of temporary county seat — special election. 

16-412. Submission of question of locating permanent county seat to voters — elections. 

16-402. (4379) Designation of temporary county seat — special election. 

(1) to (3). * * * [Same.] 

(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 sucli 
county asking the board to submit the question of the location of the perma- 

31 



16-412 ELECTION LAWS 

nent eountj'- 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 
qualified electors whose names also appear as registered electors in some 
registration district established and existing in the territory embraced in 
the new county at the last general election held therein. 

(5) The petition or petitions when filed with the board must also 
have certificates attached thereto from the county clerk of the county 
in Avhich the person or persons signing the petition resided before the 
creation of the new county, certifying that the names of the person 
signing said petition or petitions appear 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, Cli. 135, L. 1911; 
re-en. Sec. 4379, R. C. M. 1921; amd. Sec. 
3, Ch. 406, L. 1973. 

16-405. (4382) Repealed. 

Repeal Sec. 58, Ch. 100, Laws 1973. Section 4, 

Section 16-405 (Sec. 5, Ch. 135, L. 1911; Ch. 406, Laws of 1973 purported to amend 

Sec. 1, Ch. 119, L. 1971), relating to ^^^^ section. Such amendment was void un- 

registration of electors, was repealed by ^^^ ^lie provisions of section 43-515. 

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 county, may 
have a special election, for the purpose of voting on such question, called 
and held under the provisions of this act, or if no special election is held 
for such purpose, then said question shall be submitted by the county com- 
missioners at the next general election after the passage of this act and in 
the manner provided herein for the submission of such questions at general 
elections ; provided, however, that no special election shall be called 
for the purpose of submitting such question unless a petition or petitions 
containing in the aggregate the names of one hundred electors of such 
county, whose names appear on the last registration books of said county, 
are filed with the clerk of the board of county commissioners within six 
months after the passage and approval of this act. 

Upon the filing of such petition or petitions within said time, containing 
the requisite number of 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 ap- 
proval of this act, whether the same was located by a legal election or other- 
wise. 

History: En. Sec. 12, Ch. 135, L. 1911; 
re-en. Sec. 4389, R. C. M. 1921; amd. Sec. 
5, Ch. 406, L. 1973. 

32 



COUNTIES 16-504 

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. 

16-504. Petition for creation of new county — attached affidavits — notice and hearing. 

16-505. Duty of commissioners when findings justify new county — division into town- 
ship, road and school districts — change of boundaries of election precincts 
— election — temporary county seat. 

16-506. Measures to be taken after election — officers — effect of adverse vote. 

16-501. (4390) Creation of new counties — debts and assets prorated — 
minimum area and valuation. New comities 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, exclusive 
of all forest reserve and Indian reservations within old counties nor shall 
any new county be formed which contains an assessed valuation of property 
less than ten million dollars ($10,000,000.00), inclusive of all assessed valu- 
ation 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 
courthouse 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 rea- 
son 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 per centum (50%), of the voters in the proposed new 
county, shall be presented to the judge of the district court in which the 
county affected is located, asking for the appointment of a commission of 
five (5) disinterested persons, who shall determine if the topographical con- 
ditions 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 
proportion of the assets of the county or counties from which such terri- 
tory is taken, to be determined as provided by sections 16-502, 16-503 and 
16-511. 

History: En. Sec. 1, Ch. 226, L. 1919; 1, Ch. 106, I*. 1929; amd. See. 6, Ch. 406, 
re-en. Sec. 4390, B. 0. M. 1921; amcL Sec. I/, 1973. 

16-504. (4393) Petition for creation of new county — attached affidavits 
— notice and hearing. (1) Whenever it is desired to divide any county 

33 



16-504 ELECTION LAWS 

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 ease 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 forma- 
tion 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 com- 
missioners shall be empowered and have jurisdiction to do and perform all 
acts provided for to be done or performed in this act, for each of the 
several counties from which any 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 territory is taken by the proposed new county; and all officers of any 
such county shall comply with the orders of the board of county commis- 
sioners, in the same manner as if said order had been duly made by the 
board of county commissioners of each respective county from which ter- 
ritory is proposed to be taken. Such petition shall be signed by at least 
fifty per cent (50%) of the qualified electors of the proposed new county, 
whose names appear on the official registration books and who are shown 
thereon to have voted at the last general election preceding the presenta- 
tion of said petition to the board of county commissioners as herein pro- 
vided; 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 territory taken from each county; and each of said 
separate petitions shall be signed by at least fifty per cent (50%) 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 : 

lto6. * * * [Same.] 

There shall be attached and filed with said petition or petitions an 
affidavit of five qualified electors residing within each county sought to be 
divided, to the effect that they have read said petition and examined the 
signatures affixed thereto, and they believe that the statements therein are 
true, and that it is signed by at least fifty per cent (50%) of the qualified 
electors as herein provided, of the proposed new county, or of the proposed 
portion thereof, taken from each existing county, where the proposed new 
county is to be formed from portions of two or more existing counties; 
that the signatures affixed thereto are genuine; and that each of such 
persons so signing was a qualified elector of such county therein sought to 
be divided, at the date of such signing. Such petition or petitions so veri- 
fied, and the verification thereof, shall be accepted in all proceedings 
permitted or provided for in this act, as prima facie evidence of the truth 
of the matters and facts therein set forth. Upon the filing of such peti- 
tion or petitions and affidavits with the clerk of the said board of county 
commissioners, said clerk shall forthwith fix a date to hear the proof 
of the said petitions and of any opponents thereto, which date must be not 

34 



COUNTIES 16-504 

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 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 ob- 
jections 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 fifty per cent 
(50%) of the votes cast at said election are "for the new county of 
(naming the proposed new county)," "No." 

(3). * * * [Same.] 

(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 : 

1. * * * [Same.] 

2. Whether the said petition contains the genuine signatures of at 
least fifty per cent (50%) of the qualified electors of the proposed new 
county as herein required, or in cases where separate petitions are pre- 
sented from portions of two or more existing counties as herein required, 
whether each petition is signed by at least fiftv Der cent (50%) of the 
qualified electors of that portion of each of such existing counties which 
it is proposed to take into the proposed new county. 

3 to 8. * * * [Same.j 

(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 
territory lying within said proposed new county contiguous to the boundary 

35 



16-505 ELECTION LAWS 

line of the said proposed uew county, and of the old county from which 
such territory is proposed to be taken, and lying entirely within a single 
old county and described in said petition, asking that said territory be 
not included within the proposed new county, must make such changes in 
the proposed boundaries as will exclude such territory from such new 
county, and shall establish and define such boundaries. On final hearing 
the board of commissioners, upon petition of not less than fifty per cent 
of the qualified electors of any territory lying outside said proposed new 
county, and contiguous to the boundary line of said proposed 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 
new county, must make such changes in the proposed boundaries as will 
include such territory in such new county, and shall establish and define 
such boundaries ; provided, however, that the segregation of such territory 
from any old county or counties shall not leave such county or counties 
with less than twelve million dollars of assessed valuation, based upon the 
last assessment roll ; provided, that no change or changes so made shall re- 
sult in reducing the valuation of the proposed new county to less than 
an assessed valuation of ten million dollars, inclusive of all assessed valua- 
tion ; and provided, further, that no change shall be made which shall leave 
the territory so excluded separate and apart from and without the county 
of which it was formerly a part. Petitions for exclusion shall be disposed 
of in the order in point- of time in which they are filed with the clerk of 
the board of county commissioners, and on final determination of bound- 
aries 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; 
re-en. Sec. 4393, R. C. M. 1921; simd. Sec. 
7, Ch. 406, L. 1973. 

16-505. (4394) Duty of commissioners when findings justify new 
county — division into township, road and school districts — change of bound- 
aries of election precincts — election — temporary county seat. (1) If the 

said board of county commissioners determine that the formation of said 
proposed new county will not reduce any county from which any terri- 
tory 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 proposed new county passes within fifteen miles of the court- 
house situate at the count}' seat of any county proposed to be divided, ex- 
cept as liereinbefore provided, and that said petition contains the genuine 
signatures of at least fifty per cent (50%) of the qualified electors of the 
proposed new county, or in cases where separate petitions are presented 
from portions of two or more existing counties (as herein required), that 
each of said petitions contain the genuine signatures of at least fifty per 
cent (50%) 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 town- 

36 



COUNTIES 16-506 

ship, road, and school districts, and define their boundaries and designate 
the names of such districts. 

(2). * * * [Same as parent volume.] 

(3) Within two weeks after its determination of the truth of the al- 
legations 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 
new county, not less than ninety days nor more than one hundred and 
twenty days thereafter, for the purpose of determining whether such ter- 
ritory shall be established and organized into a new county; and for 
the election of officers and location of a county seat therefor, in case the 
vote at such election shall be in favor of the establishment and organization 
of such new county. All qualified electors residing within the proposed new 
county who are qualified electors of the county or counties from which 
territory is taken to form such proposed new county, and who are regis- 
tered under the provisions of the registration laws of the state, shall be 
entitled to vote at said election. Registration and transfers of registration 
shall be made and shall close in the manner and at a time provided by law 
for registration and transfers of registration for a general election in the 
state of Montana. 

(4) to (7). * * * [Same.] 

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 re- 
lating to primary elections in this state, shall have application to any elec- 
tion provided for in this act. 

History: En. Sec. 3, Ch. 226, L. 1919; 
re-en. Sec. 4394, R. C. M. 1921; amd. Sec. 
8, Ch. 406, L. 1973. 

16-506. (4395) Measures to be taken after election — oflBcers — effect of 
adverse vote. (1) If, upon the canvass of the votes cast at such election, 
it appears that more than fifty per cent (50%) of the votes cast are "For 

the new county of ," "Yes," the board of county commissioners 

shall, by a resolution entered upon its minutes, declare such territory 
duly formed and created as a county of this state, of the class to which 

the same shall belong, under the name of county, and that 

the city or town receiving the highest number of votes cast at said election 
for county seat shall be the county seat of said county until removed in 
the manner provided by law, and designating and declaring the person 
receiving respectively the highest number of votes for the several offices to 
be filled at said election, to be duly elected to such offices. Said board 
shall forthwith cause a copy of its said resolution, duly certified, to be filed 
in the office of the secretary of state, and ninety days from and after the 
date of such filing said new county shall be deemed to be fully created, 
and the organization thereof shall be deemed completed, and such officers 
shall be entitled to enter immediately upon the duties of their respective 

37 



16-807 ELECTION LAWS 

offices upon qualifying in accordance with law and giving bonds for the 
faithful performance of their duties, as required by the laws of the state. 
The clerk of the board of county commissioners with which said petition 
was filed, as herein provided, must immediately make out and deliver to 
each of said 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 elec- 
tion, 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 
including the first Monday after the first day of January following the 
last preceding general election. If, however, upon such canvass it appears 
that more than fifty per cent (50%) 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 divi- 
sion 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 in- 
stituted for at least two years after such determination. 

History: En. Sec. 4, Ch. 226, L. 1919; 
re-en. Sec. 4395, R. C. M. 1921; amd. Sec. 
9, Ch. 406, Ii. 1973. 

CHAPTER 8— GENERAL POWERS AND LIMITATIONS UPON 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 assessed 
value of the taxable property therein, to be ascertained by the last assess- 
ment for state and county taxes previous to the incurring of such indebted- 
ness, and all bonds or obligations in excess of such amount given by or on be- 
half of such county are void. No county must incur any indebtedness or 
liability for any single purpose to an amount exceeding forty thousand 
dollars ($40,000) without the approval of a majority of the electors thereof 
voting at an election to be provided by law. 

History: En. Sec. 4196, Pol. C. 1895; 4447, R. C. M. 1921; amd. Sec. 1, Ch, 486, 
re-en. Sec. 2876, Rev. C. 1907; re-en. Sec. L. 1973. 

CHAPTER 9— COUNTY COMMISSIONERS— ORGANIZATION- 
MEETINGS— COMPENSATION 

16-902.1. Commissioners shall district. The board of county commis- 
sioners shall in every county of the state, following each federal decennial 

38 



COUNTIES 16-902.5 

census, divide their respective counties into three (3) commissioner districts 
as compact and equal in population and area as possible. The district judge 
or judges of the said county shall review the action of the commissioners 
to determine whether or not such action meets the requirements of this 
section. Such apportionment may take place at any time for the purpose of 
equalizing in population and area such commissioner districts, however, no 
commissioner district shall at any time be changed to affect the term of 
office of any county commissioner who has been elected, and provided 
further, that no change in the boundaries of any commissioner district 
shall be made within six (6) months next preceding a general election. 
History: En. 16-902.1 by Sec. 1, Ch. 298, L. 1974. 

Note. Section 6 of Ch. 298, Laws of 1974 provides: "The division of 
the counties into three (3) commissioner districts as provided for in section 
1 [16-902.1] of this act shall not be accomplished until subsequent to Janu- 
ary 1, 1975. The boundaries of existing commissioner districts shall be 
continued for the purposes of elections to be held in the year 1974." 

16-902.2. Filing of districts. AYhen such division of commissioner dis- 
tricts has been made, there shall be filed in the office of the county clerk 
and recorder of such county, a certificate designating the metes and bounds 
of the boundary lines and limits of each said commissioner district. The 
certificate shall be dated and signed by the district court judge or judges 
of the county. 

History: En. 16-902.2 by Sec. 2, Ch. 298, L. 1974. 

16-902.3. Elections. At each general election, the member or mem- 
bers of the board of comity commissioners 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 (2) years next preceding the time 
when he shall become a candidate for said office. 

History: En. 16-902.3 by Sec. 3, Ch. 298, L. 1974. 

16-902.4. Refund of fee. Any candidate filing for the office of county 
commissioner prior to the effective date of this act that does not comply 
with the provisions of this act shall receive a refund of their filing fee. 

History: En. 16-902.4 by Sec. 4, Ch. 298, L. 1974. 

16-902.5. Not applicable to counties with alternative forms of govern- 
ment. This act shall not apply to counties adopting an optional or alter- 
native form of government authorized by law. 

History: En. 16-902.5 by Sec. 7, Ch. 298, L. 1974. 

CHAPTER 12— COUNTY PRINTING COMMISSION 

Section 

16-1230. County commissioners to contract for county printing — competitive bids — 
separation of printing and legal advertising. 

39 



16-1230 ELECTION LAWS 

16-1230. County commissioners to contract for county printing. (1) 

The county commissioners shall contract with one (1) newspaper to do all 
the printing for the county, including advertising required by law and all 
printed forms required by the county, at a rate not exceeding that set by 
the board. 

(2) The newspaper shall be : 

(a) Of general circulation ; 

(b) Published at least once a week ; 

(c) Published in the county; 

(d) Published continuously in the county for the twelve (12) months 
preceding the awarding of the contract. 

(3) Nothing in this act shall limit or restrict the power of a board of 
county commissioners to call for competitive bids from persons or firms 
qualified to bid on county printing under the terras of this act, or to let 
contracts at prices less than the maximum fixed by the board of county 
printing. 

(4) In any county in which no newspaper owns or operates a com- 
mercial printing establishment, the county qommissioners shall separate 
the printing contract into two (2) parts, one of which shall provide for 
the publication of legal advertising only, such contract being let to a 
legally qualified newspaper ; and the other contract shall provide for all 
printed forms, materials and supplies required by the county, which con- 
tract shall be let to a commercial printing establishment which shall have 
been in business in the county for at least one (1) year; provided, how- 
ever, that in no case shall any contract call for payment by the county 
of any prices in excess of the maximum fixed by the board of county print- 
ing. 

History: En. Sec. 6, Ch. 280, L. 1967; 
amd. Sec. 1, Ch. 418, L. 1973; amd. Sec. 
61, Ch. 348, L. 1974. 

CHAPTER 24— COUNTY OFFICERS— QUALIFICATIONS- 
GENERAL PROVISIONS 
Section 

16-2404. Township officers. 
16-2406. County and other officers, when elected or appointed and term of office. 

16-2403. (4725) Repealed. 

*®P®*^ Ch. 123, Laws 1973. Chapter 491, Laws 

Section 16-2403 (Sec. 4312, Pol. C. 1895; of 1973 purported to amend this section, 

Sec. 1, Ch. 112, L. 1913), enumerating the but such amendment was void under aee- 

county officers, was repealed by Sec. 23, tion 43-515. 

16-2404. (4726) Township oflacers. The officers of townships are 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. C. 1895; 
re-en. Sec. 2958, Rev. C. 1907; re-en. Sec. 
4726, R. C. M, 1921; amd. Sec. 10, Ch. 491, 
L. 1973. Cal. PoL C. Sec. 4104. 

16-2406. (4728) County and other officers, when elected or appointed 
and term of office. There may be elected or appointed in each county the 
following county officers who shall possess the qualifications for suffrage 

40 



COUNTIES 16-2406 

prescribed by the constitution of the state of Montana, and such other 
qualifications as may be prescribed by law : 

One (1) county attorney; one (1) clerk of the district court; one (1) 
county clerk who shall be clerk of the board of county commissioners and 
ex officio recorder; one (1) sheriff; one (1) treasurer, who shall be col- 
lector of the taxes; one (1) county superintendent of schools; one (1) 
county surveyor; one (1) assessor; one (1) coroner; one (1) public ad- 
ministrator; and at least one (1) justice of the peace. Persons elected to the 
different offices named in this section shall hold their respective offices for 
the term of four (4) years, and until their successors are elected and quali- 
fied. Persons appointed to the different offices serve at the pleasure of the 
commissioners. 

County auditors, and all elective township officers, may 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 affice until the next general 
election if elective,, and if not elective, the appointee serves at the pleasure 
of the commissioners ; provided, however, that the board of county com- 
missioners of any countj' 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 with the exception of the office of the justice 
of the peace, which office may not be combined or consolidated with any 
other office other than another justice of the peace office ; 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, or six (6) months prior to 
the appointment of aforesaid officers, make and enter an order, combining 
any two (2) or more of the within named offices, and shall cause the said 
order to be published in a newspaper, published and circulated generally 
in said county, for a period of six (6) weeks next following the date of 
entry of said order. 

History: En. Sec. 4315, Pol. C. 1895; L. 1939; amd. Sec. 16, Ch. 123, L. 1973; 
re-en. S«c. 2960. Kev. C. 1907; re-en. Sec. amd. Sec. 1, Ch. 129, L. 1973; amd. Sec. 
4728, R. C. M. 1921; amd. Sec. 1, Ch. 134, 12, Ch. 491, L. 1973. Cal. Pol. C. Sec. 4109. 

16-2407. (4729) Repealed. 

Kepeal commissioners, was repealed bv Sec. 58, 

Section 16-2407 (Sec. 4316, Pol. C. 1895), Ch. 100, Laws 1973 and Sec, 23, Ch. 123, 
relating to elections and terms of county Laws 1973. 

CHAPTER 39— COUNTY MANAGER FORM OF GOVERNMENT 
(Repealed — Section 23, Chapter 123, Laws of 1973) 

16-3901 to 16-3923. (4954.1 to 4954.23) Repealed. 

^P«*l 1933; Sec. 1, Ch. 72, L. 1943), relating to 

Sections 16-3901 to 16-3923 (Sees. 1 to 22, the county manager form of government, 

Ch. 109, L. 1931; Sees. 1 to 7, Ch. 56, L. were repealed by Sec, 23, Ch. 123, Laws 

41 



16-4301.1 ELECTION LAWS 

1973. For new law, see sees. 16-5001 to sections 16-3912 and 16-3916, but the 
16-5019, especially section 16-5016. Chap- amendments were void under section 43- 
ter 391, Laws of 1973 purported to amend 515. 

CHAPTER 43— PUBLIC HOSPITAL DISTRICTS 

16-4301.1. "Hospital facilities" defined. As used in this chapter, unless 
the context otherwise requires, "hospital facilities" means a hospital or a 
hospital-related facility, including out-patient facilities, public health cen- 
ters, rehabilitation facilities, long-terra care facilities and infirmaries. 
History: En. Sec. 1, Ch. 336, L. 1973. 

16-4309.1. Additional tax levy — election — majority vote required. (1) 

If the maximum levy of three (3) mills on each dollar of taxable valua- 
tion of property within the hospital district is inadequate to raise the 
amount of money certified as necessary and proper by the board of hos- 
pital trustees, as provided in section 16-4309, the board of county com- 
missioners may make an additional levy upon the taxable property within 
said hospital district of three (3) mills or less sufficient to raise the amount 
certified by the board of hospital trustees. 

(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 : "Shall there be an additional levy of (specify num- 
ber) mills upon the taxable property of the (specify hospital district) 
necessary to raise the sum of (specify the amount to be raised by the 
additional tax levy) for the purpose of (specify purpose for which the 
additional levy is made) ? 

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

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

(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 
hospital district taxes. 

(4) If the calculated percentage of qualified electors voting in the 

election is less than thirty per cent (30%), the additional levy shall be 

deemed to have been rejected. 

History: En. 16-4309.1 by Sec. 1, Ch. 
132, L. 1974. 

16-4309.2. Notice — conduct of election — returns. Notice of the elec- 
tion, clearly stating the amount and the purpose of the additional levy, 
must be given and the election held and conducted, and^ the returns 
made in all respects in the manner prescribed by law with regard to the 
submission of questions to the electors under the general election laws. 

History: En. 16-4309.2 by Sec. 2, Ch. 
132, L. 1974. 

CHAPTER 45— COUNTY WATER AND SEWER DISTRICTS 

16-4505. Proposition submitted — who may vote — certificate of secre- 
tary of state — district deemed incorporated — must hear testimony — suit 

42 



COUNTIES 16-4505 

commenced within one year — election. Upon such hearing of said petition, 
the board of commissioners shall determine whether or not said petition 
complies with the requirements of the provisions of this act, and for that 
purpose must hear all competent and relevant testimony offered in sup- 
port of or in opposition thereto. Such determination shall be entered upon 
the minutes of said board of commissioners. A finding of the board of 
commissioners in favor of the genuineness and suflSciency 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 sucji district organized as herein provided, and 
not otherwise. Upon the final determination of the boundaries of the dis- 
trict 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 (60) days from the date 
of the final hearing of such petition. Such notice shall describe the boun- 
daries 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) consecu- 
tive 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 election thereupon shall be conducted, the 
vote canvassed and the result declared 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 voters under the general election laws 
of the state, and is a resident of the proposed district or the owner or 
lessee of taxable real property located within the county in which he 
proposes to vote and situated within the boundaries of the proposed 
district; provided however a person who is the owner or lessee of such 
real property need not possess the qualifications required of a voter in 
subsection (i)(c) of section 23-2701, K. C. M. 1947; provided further that 
such voter shall be qualified if he is registered to vote in any state of 
the United States. Within four (4) days after such election the vote shall 
be canvassed by the board of commissioners. If at least forty per cent 
(40%) of all eligible voters within the proposed district have voted and 
if a majority of the votes cast at such election in each municipal corpora- 
tion or part thereof and in the unincorporated territory 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 

43 



16-4506 ELECTION LAWS 

immediately cause to be filed with the secretary of state and shall cause 
to be recorded in the office of the county recorder of the county or coun- 
ties in which such district is situated, each, a certificate stating that such 
a proposition was adopted. Upon the receipt of such last-mentioned certifi- 
cate 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 such certificate, 
the district named therein shall be deemed incorporated, with all the 
rights, privileges and powers set forth in this act and necessarily inci- 
dent thereto. In case less than a majority of the votes cast are in favor 
of said proposition the organization fails but without prejudice to re- 
newing proceedings at any time in the future. 

History: En. Sec. 5, Ch. 242, L. 1957; Ch. 263, L. 1967; amd. Sec. 1, Ch. 257, L. 
amd. Sec. 4, Ch. 167, L. 1985; amd. Sec. 1, 1974. 

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 herewith, 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 municipali- 
ties within the boundaries of said district, of five (5) members. In all 
cases where the boundaries of such district include any municipality or 
municipalities, said board of directors, in addition to said five (5) direc- 
tors to be elected as aforesaid, shall consist of one (1) additional director 
for each one of said municipalities within such district, each such addi- 
tional director to be appointed by the mayor of the municipality for 
which said additional director is allowed ; and if there be any unincor- 
porated territory within said district, one additional director, to be ap- 
pointed by the board of commissioners of each county containing such 
territory. Any director so elected or appointed shall be an owner or lessee 
of real property within said district or a resident therein. All directors, 
elected or appointed, shall hold office until the election and qualification 
or appointment and qualification of their successors. 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 ; provided, that the directors 
first elected after the passage of this act shall hold office 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; Ch. 263, L. 1967; amd. Sec. 2, Ch. 257, L. 
amd. Sec. 5, Ch. 167, L. 1965; amd. Sec. 1, 1974. 

44 



COUNTIES 16-4507 

16-4507. Nomination of officers. (1) and (2) * * * [Same.] 

(3) The petition of nomination shall consist of not less than twenty- 
five (25) individual certificates, which shall read substantially as follows: 

PETITION OF NOMINATION 
Individual Certificate 

State of 

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 

an owner or lessee of real property within said district, or a resident 
therein, and am not at this time a signer of any other petition nominating 
any other candidate for the above named office ; or, in the 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 
County of 

, 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) * * * [Same.] 

(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 owning or leasing or residing 
upon real property 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 office. In case an elector 
has signed two or more conflicting certificates, all such certificates shall 
be rejected. Each signer must verify his certificate and make oath that the 
same is true, before a notary public. Each certificate shall further con- 

45 



16-4508 ELECTION LAWS 

tain the name and address of the person to whom the petition is to be 
returned in case said petition is found insuflScient. 

(6) to (22) * * * [Same] 

History: En. Sec. 7, Ch. 242, L. 1957; Ch. 263, L. 1967; amd. Sec. 3, Ch. 257, L. 
amd. Sec. 6, Ch. 167, L. 1965; amd. Sec. 1, 1974. 

16-4508. Greneral law to govern. The provisions of the law relating 
to the qualifications of electors, the manner of voting, the duties of elec- 
tion officers, the canvassing of returns, and all other particulars in respect 
to the management of general elections, so far they may be applicable, 
shall govern all district elections, except as in this act otherwise pro- 
vided ; provided, however, that where a corporation owns 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 or leasing 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 provided, 
the board of directors shall meet as a canvassing board and duly canvass 
the returns within four (4) days after any district election, including 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, 
amd. Sec. 1, Ch. 258, L. 1959; amd. Sec. 7, L. 1967; amd. Sec. 4, Ch. 257, L. 1974. 

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 
newspaper published in each county wherein such district is located, 
which newspaper or newspapers shall be designated by the board of di- 
rectors. Every qualified elector, owning or leasing or residing upon 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; Ch. 167, L. 1965; amd. Sec. 1, Ch. 263, L. 
amd. Sec. 2, Ch. 258, L. 1959; amd. Sec. 8, 1967; amd. Sec. 5, Ch. 257, L. 1974. 

CHAPTEE 50— ALTEENATIVE FOEMS OF COUNTY GOVEENMENT 

Section 

16-5001. Alternative forms of county government authorized. 

16-5002. Optional forms. 

16-5003. Initiation by county commissioners — petition — resolution — election date — 

notice. 
16-5004. Adoption of optional form — when effective — disapproval. 
16-5005. Discontinuance. 

16-5006. Adoption of optional form not to affect present acts — transfer of powers. 
16-5007. Optional form to elect county commissioners at large or by districts 

number of members. 
16-5008. Election of board at large — procedure for change in number of members 

terms of office. 
16-5009. Election of board by districts. 
16-5014. Elected county official form. 
16-5015. County commissioner form. 
16-5016. Manager form. 
16-5017. Elected county executive. 

46 



COUNTIES 16-5004 

16-5001. Alternative forms of county government authorized. The 

electors of any county may adopt an alternative form of county govern- 
ment authorized by the provisions of this act. Upon adoption as provided 
by such act, said alternative form of government shall take the place of 
the form of government then existing in such county, and the sections of 
this act, applicable to the adopted alternative form of government, shall be 
controlling in such county as to all matters to which they relate, and other 
provisions of the general laws of the state shall be operative therein only 
insofar as they are not inconsistent with the aforesaid provisions. 

History: En. S€c. 2, Ch. 123, L. 1973. ment; adding county attorney and clerk 

of district court to the list of offices that 
Title of Act jnay i-,g consolidated; deleting the non- 
An act to implement article XI, section succession provision for county treasurer; 
3, of the 1972 Montana constitution by amending sections 16-901, 16-2406 and 16- 
providing for optional forms of county 2412, R. C. M. 1947; and repealing sec- 
government; procedures to adopt and initi- tions 16-2403, 16-2407 and 16-3901 through 
ate an optional form of county govern- 16-3923, R. C. M. 1947. 

16-5002. Optional forms. An optional form of county government shall 
include the elected county oflBcial form, the county commissioner form, the 
manager form and the elected county executive form. 
History: En. Sec. 3, Ch. 123, L. 1973. 

16-5003. Initiation by county commissioners — petition — resolution — 
election date — notice. The board of county commissioners of any county 
may, by a two-thirds (%) vote of the board, or shall, within thirty (30) 
days upon receipt of a petition signed by fifteen per cent (15%) of the 
electors of the county as determined by the number of votes cast therein 
for the office of governor at the last preceding gubernatorial election, by 
resolution submit in a referendum to the electors of the county the question 
of adopting a new form of county government authorized by this act. If 
more than one optional form of county government is presented to the 
county commissioners by petition a primary election shall be held to deter- 
mine the form to be submitted to the electors in a referendum. It shall be 
the duty of the board of county commissioners to submit the question at the 
next regular election or call a special election for the purpose. If a special 
election is called it shall be held not more than ninety (90) days nor less 
than sixty (60) days from the passage of the resolution, but not within 
thirty (30) days of any general election. 

(1) The question submitted shall be worded: "Shall the county of 

adopt the form of county government known as the 

form." (name of form) 

(2) 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 (3) consecutive weeks, or in case there is no daily paper of wide circu- 
lation in the county, then in a weekly paper for four (4) consecutive weeks. 

History: En. Sec. 4, Cli. 123, L. 1973. 

16-5004. Adoption of optional form — when effective — disapproval. If 

a majority of the votes cast on the question of adopting an optional form 
of county government is in the affirmative, 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, 

47 



16-5005 ELECTION LAWS 

shall be retired prior to the expiration of his term of oflfice, but from and 
after the establishment of the optional form of county government, his 
duties shall be such duties as are assigned to him by the person or body 
administering the optional form of government. If a majority of the voters 
disapprove, the existing form shall be continued and no new referendum 
may be held during the next two (2) years following the date of disap- 
proval. 
History: En. Sec. 5, Ch. 123, L. 1973. 

16-5005. Discontinuance. A proposition to discontinue an optional 
form of county government established under this act or to adopt another 
optional form of county government pursuant to this act may be submitted 
to the electors of the county at any general election in the manner provided 
for the submission of an optional form of county government under section 
4 [16-5003] of this act. 

History: En. Sec. 6, Ch. 123, L. 1973. 

16-5006. Adoption of optional form not to afifect present acts — transfer 
of powers. The adoption or discontinuance of an optional form of county 
government in any county as provided in this act shall not affect any act 
done, ratified, or affirmed, or any contract or other right or obligation other 
than contracts for personal services, accrued or established, or any action, 
prosecution, or proceeding, civil or criminal, pending at the time such 
change in form of government takes effect ; nor shall the adoption or discon- 
tinuance of such form of county government affect such causes of action, 
prosecutions, or proceedings existing at the time it takes effect; but such 
rights shall attach to, and actions, prosecutions, or proceedings may be 
prosecuted and continued, or instituted and prosecuted against, by, or before 
the department having jurisdiction or power of the subject matter to 
which such action, prosecution, or proceedings pertains. All rules, regula- 
tions, and. orders lawfully promulgated prior to such adoption shall continue 
in force and effect until amended or rescinded in accordance with the sec- 
tions of this act. 

On the effective date of the adoption or discontinuance of an optional 
form of county government causing a transfer of rights, duties, and powers 
from one department or office to another, all books, records, papers, docu- 
ments, property, real and personal, funds, appropriations and balances of 
appropriations, and pending business in any way pertaining to such riglits, 
powers, and duties shall be similarly transferred. 
History: En. Sec. 7, Ch. 123, L. 1973. 

16-5007. Optional form to elect county commissioners at large or by 
districts — number of members. (1) Any optional form of county govern- 
ment shall include a board of county commissioners, elected either at large 
as provided in section 9 [16-5008] of this act, or by districts as provided in 
section 10 [16-5009] of this act. The method of election shall be determined 
by inclusion of the method in the optional form adopted pursuant to section 
3 [16-5002] of this act. 

(2) The board of county commissioners shall consist of such number of 
members as shall be determined by inclusion of either three (3) or five (5) 

48 



COUNTIES 16-5009 

members in the optional form adopted pursuant to section 3 [16-5002] of 
this act. 

History: En. Sec. 8, Ch. 123, L. 1973. 

16-5008. Election of board at large — procedure for change in number 
of members — terms of office. (1) Under all optional forms of county gov- 
ernment whereby the entire board of county commissioners is elected at 
large there shall be a board of county commissioners who shall have the 
qualifications and shall be nominated and elected as provided by general 
law, except as otherwise provided for in this section. 

(2) If the electors of a county approve a proposition to adopt an 
optional form of county government under this act and thereby adopt a 
different size of the board of county commissioners, the change in member- 
ship shall be effected as follows : 

(a) Whenever the number of members of the board is increased, there 
shall be elected at the regular state election next following the adoptions of 
such provision, a sufficient number of county commissioners to bring the 
total membership of the board up to the number fixed. County commis- 
sioners shall first serve a term of six (6) years, except the candidates first 
elected under the provisions of this section. 

(b) Whenever the number of members of the board is decreased, the 
optional number of county commissioners adopted under this act shall be 
effective as to the commissioner with the least time left on his term on the 
first Monday in January following the next regular state election and as to 
the other half of the decrease on the first Monday in January two (2) years 
later. The latter decrease in board size shall also be determined by the least 
time left on. his term. Should two (2) commissioners have the same amount 
of term left to serve, then by lot. 

(3) The term of office of county commissioners shall be six (6) years 
except as provided in this subsection. If the optional form as adopted pro- 
vides for no change in size of the board of county commissioners, county 
commissioners shall continue to be elected for six (6) year terms. If the 
optional form as adopted provides for an increased membership on the 
board of county commissioners as provided in this act, the additional mem- 
bers shall be elected to the board at the first regular state election subse- 
quent to the adoption of the alternative form. 

(4) If the first election under an optional form of county government 
provided for in this act occurs in a year in which one county commissioner 
is to be elected under the former law and the optional form as adopted 
provides for an expansion of the board to five (5) commissioners, there shall 
be elected for a staggered term, two (2) commissioners for a six (6) year 
term and one (1) commissioner for a four (4) year term, as provided in 
this act. 

(5) At all succeeding elections, after the first regular state election 
subsequent to adoption of an optional form, all members of the board of 
county commissioners shall continue to be elected for six (6) year terms. 

History: En, Sec. 9, Ch. 123, L. 1973. 

16-5009. Election of board by districts. (1) Under all optional forms 
of county government whereby any members of the board of county com- 

49 



16-5014 ELECTION LAWS 

missioners are elected by districts there shall be a board of county commis- 
sioners who shall be nominated and elected as provided by general law, 
except as otherwise provided for in this section. 

(2) The board shall consist of such number of members as provided in 
the proposition for the optional form that has been adopted. 

(3) The division of the county into districts for county commissioners 
shall conform to the constitutional standards for division of the state into 
districts for election of members of the legislature. If the proposition for 
the optional form adopted provides that the county commissioners shall be 
elected by districts, the board of county commissioners shall, commencing in 
the first election under an optional form of county government, divide the 
county into county commissioner districts using the most recent decennial 
federal census. The districts shall be reapportioned as soon as possible after 
each decennial federal census becomes available. 

History: En. Sec. 10, Ch. 123, L. 1973. 

16-5014. Elected county official form. (1) Elected county official form 
defined. The elected county official form of county government shall be 
that form in which the government is administered by a board of county 
commissioners and the following subordinate officials may be elected; a 
clerk and recorder, a clerk of district court, a county attorney, a sheriff, 
a treasurer, a surveyor, a county superintendent of schools, an assessor, a 
county auditor, a coroner, and a public administrator. 

(2) Modification of regular forms. There may be modification of the 
elected county official form adopted as hereinafter provided. The number 
of elected officials may vary by the right of the commissioners to consolidate 
or combine any two (2) or more offices to co-operate with other units of 
local government in the sharing of any official. 

(3) All the general laws of the state of Montana concerning this form 
of county government shall apply to the elected county official form of 
county government, except as provided for in this act. 

ffistory: En. Sec. 15, Oh. 123, L. 1973. 

16-5015. County commissioner form. County commissioner form de- 
fined. The county commissioner form of county government sliall be that 
form in which the government is administered by a board of county com- 
missioners. The county commissioners may appoint those county officials 
as may be necessary for county operations and establish an adequate com- 
pensation plan for the duties required of each official. Those officials shall 
be appointed with regard to merit only and need not be a resident of the 
county prior to the time of their appointment. Under this form of county 
government the board of county commissioners shall have the power to 
create, organize, alter, consolidate or abolish administrative units of county 
government and transfer and assign their functions, powers and duties. 
History: En. Sec. 18, Ch. 123, L. 1973. 

16-5016. Manager form. (1) Manager appointed or designated. The 
board of county commissioners may appoint a county manager who shall 
be the administrative head of the county government which the board has 
the authority to control. He shall be appointed with regard to merit only, 

50 



COUNTIES 16-5017 

and he need not be a resident of the county at the time of his appoint- 
ment. In lieu of the appointment of a county manager, the board may im- 
pose and confer upon the chairman of the board of county commissioners 
the duties and powers of a manager, as hereinafter set forth, and under 
such circumstances said chairman shall be considered a full-time chairman. 
Or the board may impose and confer such powers and duties upon any other 
officer or agent of the county who may be suflficiently qualified to perform 
such duties and the compensation paid to such officer or agent may be re- 
vised or adjusted in order that it may be adequate compensation of all the 
duties of his office. The term "manager" herein used shall apply to such 
chairman, officer, or agent in the performance of such duties. 

(2) Duties of the manager. It shall be the duty of the county manager: 

(a) to see that all orders, resolutions, and regulations of the board are 
faithfully executed ; 

(b) to attend all the meetings of the board and recommend such meas- 
ures for adoption as he may deem expedient; 

(c) to make reports to the board from time to time upon the affairs of 
the county, and to keep the board fully advised as to the financial condition 
of the county and its future financial needs ; 

(d) to appoint, with the approval of the board, such subordinate offi- 
cers, agents, and employees for the general administration of county affairs 
as considered necessary ; and 

(e) to perform such other duties as may be required of him by the 
board. 

History: En. Sec. 19, Ch. 123, L. 1973. 

16-5017. Elected county executive. (1) Elected county executive 
form defined. The elected county executive form of government shall be 
that form in which the government is administered by a single county offi- 
cial, elected at large by the qualified voters of the county. The elected 
county executive shall be elected in the same manner as the other county 
officials. The board of county commissioners shall act as the legislative 
body of the county under this form of county government. The elected 
county executive shall be responsible for the administration of all depart- 
ments of the county government. Qualifications for the office of elected 
county executive shall be the same as those for the board of county com- 
missioners. Compensation for the elected county executive shall be estab- 
lished by the board, commensurate with and comparable to the compensa- 
tion for a like service in commercial business. 

(2) Duties of the elected county executive. It shall be the duty of 
the elected county executive : 

(a) to see that all the orders, resolutions, and regulations of the board 
are faithfully executed ; 

(b) to attend all the meetings of the board and recommend such 
measures for adoption as he may deem expedient; 

(c) to make reports to the board from time to time upon the affairs 
of the county, and to keep the board fully advised as to the financial con- 
dition of the county and its future financial needs ; 

(d) to appoint, with the approval of the board, such subordinate offi- 

51 



16-5101 ELECTION LAWS 

cers, agents, and employees for the general administration of county affairs 
as considered necessary ; and 

(e) to perform such other duties as may be required of him by the 
board. 

(3) Specific powers of the elected county executive. The powers of 
the elected county executive shall include the power to veto any ordinance 
or resolution adopted by the board of county commissioners. A veto by the 
county executive may apply to all or any items of an ordinance appropriat- 
ing money. Certification of a veto must be made by the county executive 
within ten (10) days of its adoption by the board of county coniinissioners, 
and the board of county commissioners may override the veto by a two- 
thirds (2/^) vote of all its members. Under the elected executive plan an 
ordinance or resolution shall become effective upon approval by the county 
executive, expiration of such ten (10) days without approval or veto, or 
the overriding of a veto. 
History: En. Sec. 20, Ch. 123, L. 1973. 



CHAPTER 51— LOCAL GOVERXMEXT 8TUDY COMMISSIOXS 

16-5101. Declaration of policy and purpose. It is the purpose of this 
act to partially implement article XI, sections 3, 5, 6 and 9 of the 1972 
Constitution. 

History: En. 16-5101 by Sec. 1, Ch. 222, L. 1974. 

16-5102. Definitions. As used in this act : 

(1) "Study commission" means a local government study commission 
established pursuant to this act. 

(2) "Unit of local government" means a county, incorporated city or 
incorporated town. 

(3) "Study commissioners" means the elected or appointed members 
of the local government study commissions. 

(4) "Structure" means the entire governmental organization through 
Avhich a local government unit carries out its duties, functions and re- 
sponsibilities. 

(5) "Form" means a specific and formal governmental organization 
authorized as an optional form of government by law or a specific and 
formal governmental organization provided in a charter. 

History: En. 16-5102 by Sec. 2, Ch. 222, L. 1974. 

16-5103. Establishment of study commissions. (1) Each board of 
county commissioners shall by resolution adopted prior to April 15, 1974 
authorize a county study commission and shall determine by such resolu- 
tion the number of study commissioners. The number of study commis- 
sioners shall be an odd number not less than three (3). 

(2) Each municipal council or commission shall by resolution adopted 
prior to April 15, 1974 authorize a municipal study commission and shall 
determine by such resolution the number of study commissioners. The 
number of study commissioners shall be an odd number not less than 
three (3). 

52 



COUNTIES 16-5107 

(3) Resolutions authoriziiio: study commissions and determining their 
size shall not be the subject of referenda or initiative petitions. 

(4) Study commissioners shall be elected as provided in section 7 
[16-5107]. Xo person shall serve on more than one (1) study commission. 

History: En. 16-1503 by Sec. 3, Ch. 222, L. 1974. 

16-5104. Purpose of study commission. It shall be the purpose of the 
study commis.sion to study the form and poAver of government and existing 
procedures for delivery of local government services and compare them 
with other forms available under the laws of the state of Montana. 

History: En. 16-5104 by Sec. 4, Ch. 222, L. 1974. 

16-5105. Power of the study commission. The study commission shall 
have the power to review the structure and power of each unit of local 
government represented on the study commission and shall submit one (1) 
alternative form of government to the qualified electors of each unit of 
government or combination of units of government. The .study commission 
may submit an optional or alternative form of government provided by 
law or may draft a self-government charter; however, no such optional 
or alternative form or charter shall be .submitted to the qualified electors 
until a specific procedure for such submission by the study commission 
is provided by subsequent law. 

History: En. 16-5105 by Sec. 5, Ch. 222, L. 1974. 

16-5106. Co-operation of study commissions. (1) Any two (2) or 
more study commissions may co-operate in the conduct of their studies. 
A majority vote by each of the affected study commissions is required 
for a co-operative study. 

(2) Co-operative studies do not preclude each study commission 
from making a separate report and recommendations. 

History: En. 16-5106 by Sec. 6, Ch. 222, L. 1974. 

16-5107. Election of members. Stud}' commissioners shall be elected 
in the following manner : 

(1) Study commissioners shall be elected at the general election, 
Tuesday, November 5, 1974. There shall be placed on the ballot the names 
of study commission candidates who shall have been nominated in the 
manner provided in this section. Candidates shall be listed Avithout party 
or other designation or slogan, except that candidates for county study 
commissions shall be listed according to position designation as provided 
in subsection (2) of this section. The secretary of state shall prescribe 
the ballot form for study commissions. 

(2) Resolutions esUiblishing .study commissions shall specify the 
number of study commissioners to be elected. Municipal study commis- 
sioners shall be qualified electors residing within the municipality and 
shall be elected at large by electors of the municipalitj'. County study 
commissioners shall be qualified electors and shall be elected at large by 
electors of the county in the following manner : 

(a) three (3) study commission positions shall be filled by persons 

53 



16-5107 ELECTION LAWS 

one of wlioni resides in eaeli of tlie three ('■i) county commissioner dis- 
tricts. Tlte positions sliall be designated by district numbers one (1), two 
(2), and three (3) and the certificate of nomination for each candidate 
for such positions shall specify the position designation. 

(b) if the resolution creating the study commission calls for more 
than three (3) members, the additional members shall be residents of the 
county. The additional positions shall be designated "at large positions" 
and the certificate of nomijiation for each candidate for such positions 
shall specify the position designation. 

(3) Nominations for study commissioners shall be made by executing 
a certificate of nomination. 

(4) The certificate shall be in writing and contain: 

(a) the name of a candidate for the office to be filled ; 

(b) his residence address, his occupation, and his business address; 
and 

(e) the position designation if the candidate is running for a county 
study commission position. 

(5) For municipal study commissions, the certificate shall be signed 
by qualified electors residing within the municipality. P^r county study 
commissions, the certificate shall be signed by qualified electors residing 
within the county. Each elector shall add to his signature his place of 
residence. 

(6) For municipal study commissions, the number of signatures shall 
total at least one hundred (100) or be at least one per cent (1%) of the 
qualified electors residing within the municipality for the 1973 municipal 
election, whichever is less. For county study commissions, the number 
of signatures shall total at least one hundred (100) or be at least one 
per cent (1%) of the qualified electors residing within the county for the 
1972 general election, whichever is less. 

(7) The certificate of nomination shall be filed on or before August 
1, 1974. No filing fee is required. The county clerk and recorder, in the 
case of county study commission candidates, and the municipal clerk, in 
the ease of municipal study commission candidates, shall examine the 
source and certify to the sufficiency of the signatures thereon. 

(8) Each nomination certificate shall, before it may be filed with the 
county clerk or municipal clerk, contain an acceptance of such nomination 
in writing, signed by the candidate therein nominated, upon or annexed 
to such certificate, or if the same person be named in more than one (1) 
certificate, upon or annexed to one (1) of such certificates. Such accept- 
ance shall certify that the nominee possesses the (jualifications prescribed 
by this act for the office designated in the certificate, that he consents 
to stand as a candidate at the election and that, if elected, he agrees to 
take office and serve. 

(9) Each nominating certificate shall be verified by an oath or affirma- 
tion of one (1) or more of the signers thereof, taken and subscribed before 
a person qualified under the laws of Montana to administer an oath, to 
the effect that the petition was signed by each of the signers thereof in 
his proper handwriting, that the signers, to the best knowledge and belief 
of the affiant, possess the qualifications prescribed by section 7 [16-5107], 

54 



COUNTIES 16-5109 

subsection (5) of this act and tliat the certificate is prepared and filed in 
good faith for the sole pnrpose of endorsing the person named therein for 
election as stated in the petition. 

(10) Votes east for municipal and county studj'- commissioners shall 
be counted, canvassed and returned by county election officials. Except as 
otherwise provided in this act, each election condncted under this act 
shall be governed by the election laws of the state of Montana. Any 
separate ballots or election supplies required for election of municipal 
study commissioners shall be furnished or paid for by the municipality. 

(11) If the number of municipal study commissioners elected at the 
November 5, 1974 election is not equal to the number of commissioners 
required to be selected, the mayor with the confirmation of the municipal 
council or commission shall appoint, on or before November 16, 1974, the 
additional study commissioner or commissioners. The mayor with the con- 
firmation of the municipal council or commission shall fill any subsequent 
vacancy on the municipal study commission by appointing a new commis- 
sioner. If the number of county study commissioners elected at the Novem- 
ber 5, 1974 election is not equal to the number of commissioners required to 
be selected, the board of county commissioners shall appoint, on or before 
November 16, 1974, the additional study commissioner or commissioners. 
The board of county commissioners shall fill any subsequent vacancy' on 
the county stud}' commission by appointing a new commissioner. However, 
any municipal or county study commissioner appointed under this subsec- 
tion shall possess the qualifications prescribed by this act for the position 
to which he is being appointed, and no elected official of the local govern- 
ment unit may be appointed. 

History: En. 16-5107 by Sec. 7, Ch. 222, L. 1974. 

16-5108. Term of study commission. All study commissions shall 
terminate June 30, 1977. 

History: En. 16-5108 by Sec. 8, Ch. 222, L. 1974. 

16-5109. Organization of the study commission. (1) Not later than 
ten (10) days after all study commissioners are elected or appointed the 
study commissioners shall meet and organize at a time wliich shall be set 
by the board of county commissioners, for the county study commission, 
or the mayor, for the municipal study commission. 

(2) At the first meeting of the study commission, the study commis- 
sion may elect a temporary chairperson who will serve until a permanent 
chairperson is selected. 

(3) Meetings of the study commission shall be held upon the call of 
the chairperson, vice-chairperson in the absence or inability of the chair- 
person, or a majority of the study commissioners. The chairperson shall 
give due notice of the time and place of the meetings of the study com- 
mission. 

(4) The study commission shall maintain a written record of its 
proceedings and its finances which shall be open to inspection by any 
person at the office of the stud}'^ commission during regular office hours. 

(5) A majority of the study commissioners shall constitute a quorum 

55 



16-5110 ELECTION LAWS 

for the transaction of business, but no recommendation of a study com- 
mission shall have any legal effect unless adopted by a majority of the 
whole number of study commissioners. 

(6) The study commission shall have the power to adopt rules for 
its own organization and procedure. 

History: En. 16-5109 by Sec. 9, Ch. 222, L. 1974. 

16-5110. Compensation of study commissioners. Study commissioners 
shall receive no compensation other than for actual and necessary ex- 
penses incurred in their official capacity. 

History: En. 16-5110 by Sec. 10, Ch, 222, L. 1974. 

16-5111. Open meetings — hearings. All meetings of the study com- 
mission shall be open to the public. The study commission shall hold 
public hearings and community forums and may use other suitable means 
to disseminate information and stimulate public discussion of its purposes, 
progress, conclusions, and recommendations. 

History: En. 16-5111 by Sec. 11, Ch. 222, L. 1974. 

16-5112. Administrative powers. A study commission shall have the 
following administrative powers. (1) The study commission may employ 
and fix the compensation and duties of necessary staff. State, municipal 
and county officers and employees, at the request of the study commission 
and with the consent of the employing agency, may be granted leave with 
or without pay from their agency to serve as consultants to the study 
commission. If leave with ])ay is granted thej^ shall receive no other com- 
pensation, except mileage and per diem from the study commission. 

(2) The study commission may establish advisory boards and com- 
mittees, including on them persons Avho are not study commissioners. 

(3) The study commission may retain coiisultants. 

(4) The study commission may contract and co-operate with other 
agencies, public or private, as it considers necessary for the rendition and 
affording of such services, facilities, studies, and reports to the study 
commission as will best assist it to carry out the purposes for which the 
study commission was established. Upon request of the chairperson of the 
study commission, state agencies, counties, and other units of local govern- 
ment, and the officers and employees thereof, shall furnish the commission 
such information as may be necessary/ for carrying out its function which 
may be available to or procurable by such agencies or units of govern- 
ment. 

(5) The study commission may do any and all other things as are 
consistent with and reasonably required to perform its function under 
this act. 

History: En. 16-5112 by Sec. 12, Ch. 222, L. 1974. 

16-5113. Finances. (1) The governing body of each local govern- 
ment unit shall prepare a budget to cover tlie expenses of the study 
commission for the period it is in operation during fiscal year 1975. 

56 



COUNTIES 16-5115 

(2) The study commission shall prepare a budget for fiscal year 1976 
and a budget for fiscal year 1977 and submit them to the local government 
unit's governing body for approval. 

(3) Each local government unit shall accept and transfer to its study 
commission all funds appropriated from the state general fund for the 
support of the study commission. 

(4) Each local government unit sliall supplement the state funds 
available in fiscal years 1975, 1976, and 1977 by appropriating funds, pro- 
viding in-kind services, or a combination of botli, in a total amount not 
less than the available state money for each fiscal year. For that purpose, 
each local government unit may assess and levy, in addition to all other 
levies permitted by law, a special tax on each dollar of taxable valuation 
of the taxable property of the unit of local government. This tax may be 
levied in each of the fiscal years 1975, 1976, and 1977 and may be levied 
by a municipality in addition to the all-purpose levy provided in sections 
84-4701.1, 84-4701.2, 84-4701.3, 84-4701.4, and 84-4701.5, R. C. M. 1947. 

(5) All moneys received by the study commission shall be deposited 
with the county or municipal treasurer. The treasurer is authorized to 
disburse budgeted funds of the study commission on its order. Unexpended 
funds of the study commission shall not revert to the general fund of the 
local government unit at the end of the fiscal year but shall carry over 
to the study commission's budget for the following fiscal year. Upon 
termination of tlie study commission, unexpended funds shall revert to 
the general fund of the local government unit. 

History: En. 16-5113 by Sec. 13, Ch. 222, L. 1974. 

16-5114. Prohibition on other proceedings. Prom April 15, 1974 until 
December 31, 1976 no other proceedings other than those commenced by 
a study commission for the adoption of any charter or form of government 
available under state hlw may be commenced. 

History: En. 16-5114 by Sec. 14, Ch. 222, L. 1974. 

16-5115. Severability clause. If any part of this act shall be declared 
invalid or unconstitutional, it shall not affect the validity of any other 
part of this act. 

History: En. 16-5115 by Sec. 15, Ch. 222, L. 1974. 



57 



19-107 ELECTION LAWS 



TITLE 19— DEFINITIONS AND GENERAL PROVISIONS 

CHAPTER 1— DEFINITIONS AND CONSTRUCTION OF TERMS- 
HOLIDAYS— OTHER GENERAL PROVISIONS 

19-107. (10) Legal holidays and business days defined. The following 
are legal holidays in the state of Montana : 

(1) to (8) * * * [Same.] 

(9) Veterans' Day, November 11. 

(10) to (12) * * * [Same.] 

If any of the above-enumerated holidays (except Sunday) faU upon a 
Sunday, the Monday following is a holiday. All other days are business 
days. 

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 : 

(1) to (7) * * * [Same.] 

(8) On such days as banks are closed in accordance with sections 5- 
1058 to 5-1062. 

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 
optional for any bank, whether practicing Saturday closing or not, to ob- 
serve as a holiday and to be closed on any day upon which a general 
election is held throughout the state of Montana and on Veterans' Day, 
November 11, and on any local holiday which historically or traditionally 
or by proclamation of a local executive official or governing body is estab- 
lished as a day upon which businesses are generally closed in the com- 
munity in which the bank is located. 

History : Amd. Sec. 1, Ch. 16, L. 1974. 



58 



QUALIFICATIONS OF ELECTORS 



23-2701 



TITLE 2a— ELECTIONS 



CHAPTER 26 

DEFINITIONS AND GENERAL PROVISIONS 

Section 

23-2602, Elections by secret ballot. 

23-2602. Elections by secret ballot. All elections shall be by secret bal- 



lot. 

History: En. Sec. 2, Ch. 368, L, 1969; 
amd. Sec. 1, Oh. 8, L. 1973. 



Amendments 

The 1973 amendment inserted "secret" 
before "ballot" at the end of the section. 



CHAPTER 27 

QUALIFICATIONS AND PRIVILEGES OF ELECTORS 

Section 

23-2701. Qualifications of voter. 

23-2701. Qualifications of voter. (1) No person may be entitled to 
vote at elections unless he has the following qualifications : 

(a) He must be registered as required by law ; 

(b) He must be eighteen (18) years of age or older; 

(c) He must be a resident of the state of Montana and of the county 
in which he offers to vote for at least thirty (30) days ; 

(d) He must be a citizen of the United States. 

(2) No person convicted of a felony has the right to vote while he is 
serving a sentence in a penal institution. 

(3) No person adjudicated to be of unsound mind has the right to 
vote unless he has been restored to capacity as provided by law. 



History: En. Sec. 6, Ch. 368, Ii, 1969; 
amd. Sec. 1, Ch. 120, L. 1971; amd. Sec. 
2, Ch. 158, L. 1971; amd. Sec. 1, Ch. 40, L. 
1973. 

Amendments 

Chapter 120, Laws of 1971, deleted "Ex- 
cept as provided in section 23-2702" from 
the beginning of subdivision (1); substi- 
tuted "of the minimum age for voting 
prescribed by the constitution of the state 
of Montana" in former subdivision (1) 
(a), now (1) (b), for "twenty-one (21) 
years of age"; added to former subdi- 
vision (1) (a), now (1) (b), a provision 
for voting in federal elections by 18-year- 
olds; substituted "has met the residence 
requirements for voting provided in the 
constitution of the state of Montana" in 
former subdivision (1) (b), now (1) (c), 
for "must have resided in the state one 
(1) year"; added to former subdivision 
(1) (b), now (1) (c), a provision for 
presidential voting by persons who have 



resided in the state for thirty days; and 
made minor changes in phraseology. 

Chapter 158, Laws of 1971, substituted 
"No person may be entitled to vote" and 
"unless" in the preliminary paragraph of 
subdivision (1) for "every person, if reg- 
istered by law, is entitled to vote" and 
"if"; inserted a new subdivision (1) (a); 
redesignated subdivisions (a), (b) and 
(c) of subdivision (1), respectively, as 
subdivisions (b), (c) and (d); and sub- 
stituted "of the minimum age for voting 
prescribed by the constitution of the state 
of Montana" in subdivision (1) (b) for 
"twenty-one (21) years of age." 

The 1973 amendnient substituted "elec- 
tions" in tlie preliminary paragraph of 
subdivision (1) for "general and special 
elections for officers which are elective, 
and upon questions submitted to the vote 
of the people"; substituted "eighteen (18) 
years of age or older" in subdivision (1) 
(b) for references inserted by the 1971 
amendments to the state constitution and 



59 



23-2802 



ELECTION LAWS 



to federal voting; substituted the present 
subdivision (1) (c) for references insert- 
ed by Ch. 120, Laws of 1971, to the state 
constitution and to presidential voting by 
new residents; substituted "while he is 
serving a sentence in a penal institution" 
at the end of subdivision (2) for "unless 
he has been pardoned"; and substituted 
"to be of unsound mind" in subdivision 
(3) for "insane." 

Kepealing Clause 

Section 2 of Ch. 40, Laws 1973 read 
"Section 11-716, R. C. M. 1947, is re- 
pealed." 

Racial Discrimination Prohibited 

Congress is empowered, as it did in the 
Voting Rights Act Amendments of 1970, 



42 U. S. C. § 1973aa, to prohibit use of 
literacy tests or other devices used to 
discriminate against voters on account of 
their race in all state and national elec- 
tions. Oregon v. Mitchell, 400 US 112, 27 
L Ed 2d 272, 91 S Ct 260. 

Residence Requirements 

As it did in the Voting Rights Act 
Amendments of 1970, 42 U. S. C. § 1973aa-l, 
Congress can prohibit states from dis- 
qualifying voters in elections for presi- 
dential and vice-presidential electors be- 
cause they have not met state residency 
requirements, and can set residency re- 
quirements and provide for absentee bal- 
loting in presidential and vice-presidential 
elections. Oregon v. Mitchell, 400 US 112, 
27 L Ed 2d 272, 91 S Ct 260. 



23-2701.1. Repealed. 

Repeal former constitution, was repealed by Sec. 

Section 23-2701.1 (Sec. 1, Ch. 158, L. 58,^ Ch. lOO^^Laws 1973, and Sec. 9, Ch. 
1971), relating to legislative policy and 
purpose of election laws according to 



454, Laws 1973. 



CHAPTER 28 

PUBLICATION OF QUESTIONS SUBMITTED TO POPULAR VOTE 

Section 

23-2802. Publication and printing of amendments to constitution. 



23-2802. Publication and printing of amendments to constitution. If a 

proposed constitutional amendment or amendments are submitted to the 
people, the secretary of state shall: 

(1) Have the proposed amendment or amendments published in full 
twice each month for two (2) months previous to the election at which 
they are to be voted upon by the people in not less than one (1) newspaper 
commonly circulated in each county. 

(2) Have a pamphlet printed containing an exact copy of the pro- 
posed amendment or amendments, an exact copy of existing constitutional 
provisions to be revised, and the amendment or amendments in the form 
in which it or they will be printed on the ofiBcial ballot. The printed 
pamphlets shall be distributed as provided in section 37-107, R. C. M. 1947. 



History: En. Sec. 12, Ch. 368, L. 1969; 
amd. Sec. 1, Ch. 38, L. 1973. 

Compiler's Notes 

In a letter to the secretary of state 
dated March 23, 1970, the attorney gen- 
eral of Montana ruled that, despite this 
section, the secretary of state is re- 
quired to publish proposed constitutional 
amendments once each week for three 
months, as required by sec. 9, article XIX, 
constitution of 1889. But see sees. 8 and 
9 (2), article XIV, constitution of 1972. 



Amendments 

The 1973 amendment changed the pub- 
lication requirement in subdivision [_!) 
from once each week for four weeks to 
twice each month for two months; sub- 
stituted "election at which they are to be 
voted upon by the people" in subdivision 
(1) for "next general biennial election"; 
inserted "commonly circulated" near the 
end of subdivision (1); and made minor 
changes in phraseology. 



60 



REGISTRATION OF ELECTORS 23-3005 

CHAPTER 30 

REGISTRATION OF ELECTORS 

23-3001. Highway patrol to submit new-voter lists to major political 

parties. No later than January 31 in any year in which a general election 

is held, the Montana highway patrol shall submit to the chairman of each 

major political party of the state, four (4) copies of a list prepared from 

its driver license registration files, showing names and addresses of all 

persons, compiled on a county by county basis, who have reached voting 

age since the last general election and those who will reach voting age 

before the date of the general election. No official of the Montana highway 

patrol shall be responsible for any honest error or omission in preparing the 

lists. 

History: En. Sec. 17, Ch. 368, L. 1969; Amendments 

amd. Sec. 1, Ch. 257, L. 1971; amd. Sec. The 1973 amendment inserted "four (4) 

1, Ch. 132, L. 1973. copies of" before "a list" in the first 

sentence. 

23-3003. Notaries public as deputy, registrars — appointment of addi- 
tional deputies — qualifications — duties. (1) All notaries public are deputy 
registrars in the county in which they reside. They may register electors 
residing in any precinct within the county. 

(2) The commissioners shall appoint a minimum of two (2) deputy 
registrars who are not notaries public, a minimum of one (1) from each 
of the two (2) major political parties, for each precinct in the county from 
lists of persons recommended by the political parties. If the parties fail 
to submit lists, the commissioners shall appoint deputy registrars without 
recommendations from the parties. The number of appointed deputy regis- 
trars for each county shall always be equally divided between the two (2) 
major political parties. A deputy registrar shall : 

(a) Be a qualified taxpaying resident elector in the precinct for which 
he is appointed ; 

(b) Register electors residing in any precinct in the county; 

(c) No duly appointed deputy registrar shall register any voter until 
such deputy registrar shall have been issued a certificate of approval 
by the county registrar, certifying that said deputy registrar has received 
instructions on registration procedure from the county registrar. 

(3) Within three (3) days after a registration card is filled out, dep- 
uty registrars shall forward the card to the registrar. Registration cards 
properly executed prior to the registration deadline shall be accepted by 
the registrar for three (3) days after the deadline. 

History: En. Sec. 22, Ch. 368, L. 1969; subsection (2); inserted the third sentence 
amd. Sec. 1, Ch. 340, L. 1973. in subsection (2); inserted subdivision 

(2) (c); added the second sentence to 

Amendments subsection (3); and made a minor change 

The 1973 amendment inserted "a mini- in phraseology, 
mum of" twice in the first sentence of 

23-3005. Hours of registration — registration cards. (1) The regis- 
trar's office shall be open for voter registration from 8 a.m. until 5 p.m. 
on all regular working days except legal holidays as defined by section 
19-107 except that the registrar's office shall be kept open on election day 
during the hours when the polls are open. 

61 



23-3012 ELECTION LAWS 

(2) Registration cards shall be numbered consecutively in order of 
receipt through the close of registration prior to the 1974 general elec- 
tion ; thereafter, registration cards may, at the discretion of the county 
clerk and recorder, be numbered with the elector's social security number, 
and such number shall be the registry number. 

(3) to (5) * * * [Same] 

History: En. Sec. 24, Ch. 368, L. 1969; sion in subsection (2) for numbering regis- 

amd. Sec. 1, Ch. 3, L. 1974. tration cards with the electors' social se- 

Amendments purity numbers. 
The 1974 amendment added the provi- 

23-3012. Lists of registered electors — precinct register. Immediately 

after registration is closed, the registrar shall prepare lists of all registered 

electors. He shall also prepare a precinct register for each precinct and 

deliver it to the judges of election prior to the opening of the polls. 

History: En. Sec. 31, Ch. 368, L. 1969; the end of the first sentence of former 

amd. Sec. 5, Ch. 158, L. 1971; amd. Sec. subsection (2); and deleted from former 

12, Ch. 100, L. 1973. subsection (2) a second sentence reading 

"No other evidence is necessary to show 

Amendments that the elector is a taxpayer." 

The 1971 amendment substituted "an The 1973 amendment deleted former 

election at which voting is validly limited subsection (2), which provided for indi- 

by the constitution to taxpayers" for "an cation of taxpayers on the precinct reg- 

election for the incurring of a state debt, isters; and removed the designation of 

issuance of bonds or debentures by the the remaining language as subsection (1). 
state, or the levying of a state tax" at 

23-3013, Cancellation of registry for failure to vote— reregistration. 

(1) Except as provided in subsection (3) of this section, within sixty (60) 
days after every general election in which a president is elected, the regis- 
trar shall : 

(a) Compare the electors who have voted in each precinct, as shoAvn 
by the official pollbooks, with the official register of each precinct; 

(b) Remove the registry cards of all electors who have failed to vote, 
mark each card "canceled," and place canceled cards for the entire county 
in alphabetical order in the "canceled file"; 

(c) Notify each elector in writing before the thirty-first day after 
cancellation by sending notice to his post-office address as shown on the 
election records. 

(2) An elector whose card is removed and canceled may register in 
the same manner as his original registration was made. 

(3) The registration of an elector who actually votes bj^ absentee bal- 
lot shall not be canceled if his ballot is received and rejected by the registrar 
within ten (10) days succeeding the election. 

History: En. Sec. 32, Ch. 368, L. 1969; The 1973 amendment deleted a reference 

amd. Sec. 1, Ch. 254, L. 1971; amd. Sec. to subsection (4) from subsection (1); 

1, Ch. 215, L. 1973. substituted "within sixty (60) days" for 

"immediately" in subsection (1); inserted 

Amendments «in ^Iiich a president is elected" in sub- 

The 1971 amendment inserted "and section (1); deleted former subsection (3) 

(4)" in subsection (1); added subsection and renumbered former subsection (4) as 

(4) (now (3)); and made minor changes (3). 

in phraseology and punctuation. 

23-3023. Printing and posting of list of electors shown on precinct 
registers. (1) The registrar shall have a list printed of all registered 

62 



ELECTION PRECINCTS 23-3101 

electors shown on the precinct registers of the county or city ten (10) 
days or more preceding any election. 

(2) The list shall show the name of the elector in full, the number 
and street of his residence if he resides within a city, his post-oflSce address 
if he resides outside a city, and the registry number. 

(3) A copy of the list of registered voters shall be posted at the polling 
place. Sufficient copies of the lists shall be retained by the registrar and 
furnished to an elector upon request. 

(4) If no declarations of nomination have been filed forty (40) days 
before a primary election of city offices, the city clerk shall immediately 
notify the registrar in writing and the list of registered electors for the 
city shall not be printed. 

(5) The list of registered voters prepared for a primary election may 
be used for the general election only if a supplemental list giving the 
names of electors who have registered after the first list was prepared is 
printed. 

(6) The expense of printing this list shall be paid by the county or city 
in which the election is to be held. 

History: En. Sec. 42, Ch. 368, L. 1969; days or more before any election," from 
amd. Sec. 2, Ch. 243, L. 1971; amd. Sec. the beginning of subsection (3); deleted 
1, Ch. 201, L. 1973. "or posted" from the end of subsection 

(4); and deleted "posted and" and "and 

Amendments posted" from subsection (5). 

The 1973 amendment deleted "Ten (10) 

23-3030. Cancellation of deceased electors. Each county clerk shall 

immediately cancel all registrations of individuals reported as deceased by 

the department of health and environmental sciences in the department's 

reports submitted to the county under section 91-4458, R.C.M. 1947. 

History: En. 23-3030 by Sec. 1, Ch. to the clerks and recorder under section 
126, L. 1973. 91-4458, E. C. M. 1947, shall be used by 

the clerks and recorder to cancel the 
Title of Act registration of deceased electors from 

An act providing that lists furnished the election rolls. 

CHAPTER 31 

ELECTION PEECINCTS 

23-3101. Establishment of election precincts — change of boundaries — 
certification of changes — designation — ^map — ^boundary to conform to wards 
or school districts. (1) The territorial unit for elections is the election 
precinct. 

(2) The commissioners of each county shall establish a convenient 
number of election precincts equalizing the number of electors in each 
precinct as nearly as possible. 

(3) The commissioners may cliange the boundaries of precincts but 
not between January 1 and December 1 in any year during which a general 
biennial election will be held, except that the commissioners may change 
the boundaries of precincts in the year during which a general biennial 
election will be held when the changes are required to make precinct 
boundaries conform to legislative district boundaries following the adop- 
tion of reapportionment plans under article V, section 14, of the 1972 Mon- 

63 



23-3103 ELECTION LAWS 

tana constitution. In those instances, the changing of precinct boundaries 
must be accomplished within sixty (60) days of the filing of the final reap- 
portionment plan. 

(a) All changes must be certified to the registrar three (3) days or 
less after the change is made. 

(b) All election precincts shall be designated by numbers, names, or 
both. 

(c) Not more than ten (10) days after an order of the commissioners 
has established or changed the boundaries of an election precinct, the 
commissioners shall cause to be prepared and delivered a map to the regis- 
trar showing the borders of all precincts and school districts within the 
county. 

(4) The boundaries of election precincts may conform to the wards of 
cities of the first, second, and third class and the boundaries of first class 
school districts. 

(5) A ward or school district may be divided into two (2) or more 
precincts, and a precinct may be divided into two (2) or more polling 
places. 

(6) In cities not of the first, second, or third class, precincts may in- 
clude two (2) or more wards, or may comprise territory included by one 
(1) or more wards together with contiguous territory lying outside the 
incorporated limits of the cities. 

History: En. Sec. 18, Ch. 368, L. 1969; and sentence relating to precinct bound- 
amd. Sec. 1, Cli. 171, L. 1973. ary changes following the adoption of re- 

apportionment plans; substituted "may 
Amendments conform" for "must conform" in sub- 

The 1973 amendment added to the first section (4) ; and made a minor change in 
paragraph of subsection (3) the clause phraseology. 

23-3103. Designation of polling place. The commissioners shall make 
an order designating the polling place for each precinct, at the session 
at which election judges are appointed. Such order may provide for 
polling places to be located outside the boundaries of the precinct. 

Not more than ten (10) nor less than three (3) days before an election, 
the registrar or city clerk shall publish in a newspaper of general circula- 
tion in the county, a statement of the locations of the precinct polling 
places. 

History: En. Sec. 20, Ch. 368, L. 1969; make an order designating the place with- 

amd. Sec. 1, Ch. 169, L. 1974. in each precinct where the election will 

Amendments ^^ ^^^^ ^^ *'^® session at which election 

The 1974 amendment rewrote this sec- ^''^S^\ ^^« appointed. Copies of the order 

tion which read: "The commissioners shaJl ^^^t be posted immediate y in three (3) 

public places in the precinct. 

CHAPTER 32 

JUDGES AND CLERKS OF ELECTIONS 

Section 

23-3202. Manner of choosing election judges and clerks — vacancies — candidates and 
their relatives ineligible — exceptions. 

23-3202. Manner of choosing election judges and clerks — vacancies — 
candidates and their relatives ineligible — exceptions. (1) The election 

64 



PRIMARY ELECTIONS AND NOMINATIONS 23-3304 

judges and clerks shall be chosen from lists of qualified voters sub- 
mitted by the two (2) major political parties thirty-five (35) days or 
more before the commissioners meeting which precedes the next primary 
election. 

(2) The list of each party may contain twice the number of election 
judges and clerks to be appointed and not more than a majority may be 
appointed from one (1) political party for each precinct. Judges so ap- 
pointed must be a member of the political party they are to represent. 

(3) The commissioners may appoint election judges and clerks in 
their discretion to fill vacancies or if a major political party fails to 
submit a list of election judges. 

(4) No person shall be appointed to serve as an election judge or elec- 
tion clerk who is a candidate, spouse of a candidate, or related to a candi- 
date for office within the second degree of consanguinity. However, this 
subsection does not apply to school district elections nor to candidates for 
precinct committeeman or committeewoman. 

History: En. Sec. 50, Ch. 368, L. 1969; Amendments 

amd. Sec. 2, Ch. 258, L. 1971; amd. Sec. 1, The 1973 amendment added the second 

Ch. 125, L. 1973. sentence to subsection (2). 

CHAPTER 33 

PRIMARY ELECTIONS AND NOMINATIONS BY CERTIFICATE 

23-3304. Declaration of nomination — filing — fees — printing of vic- 
torious write-in candidates on general election ballot. (1) Each candi- 
date in the primary election, shall send a declaration of nomination to the 
secretary of state, registrar, or city clerk. Each candidate for governor 
must send a joint declaration of nomination with a candidate for lieutenant 
governor. 

(2) Each candidate must sign the declaration and send with it the 
required filing fee, to be acknowledged by a notary public if by mail, or 
by the officer of the office at which the filing is made. 

(3) The declaration, when filed, is conclusive evidence that the elector 
is a candidate for nomination by his party. 

(4) Nominating declarations are filed: 

(a) In the office of secretary of state for congressional offices, state or 
district offices to be voted for in more than one (1) county, members of 
the legislative assembly, and judges of the district court; 

(b) In the office of the registrar for county and district offices to be 
voted for in one (1) county only, and for township and precinct offices; 

(c) In the office of the city clerk for all city officers. 

(5) Filing fees are as follows: 

(a) For offices having a salary of one thousand dollars ($1,000) or less 
per annum, ten dollars ($10), except candidates for the legislature must pay 
fifteen dollars ($15) ; 

(b) For offices having a salary of more than one thousand dollars 
($1,000) per annum, one per cent (1%) of the total annual salary; 

(c) For the offices of county commissioner; 

65 



23-3308 ELECTION LAWS 

(i) in counties of the first class, forty dollars ($40), 
(ii) in counties of the second class, thirty-five dollars ($35), 
(iii) in counties of the third class, thirty dollars ($30), 
(iv) in counties of the fourth class, twenty-five dollars ($25), 
(v) in counties of other classes, ten dollars ($10), 

(d) For offices in which compensation is paid in fees, five dollars ($5) ; 

(e) For state, county, and precinct committeemen, delegates to na- 
tional conventions, and presidential electors, no fees are required. 

(6) A person nominated by having his name written in on the pri- 
mary ballot and desiring to accept the nomination shall not have his name 
printed on the general election ballot unless he : 

(a) Files with the secretary of state, registrar, or city clerk, at least 
ten (10) days after the primary a written declaration indicating his 
acceptance of the nomination; 

(b) Pays the required filing fee, 

(c) Keceived at least five per cent (5%) of the votes cast for the office 
at the last preceding general election. 

(7) The declaration for nomination shall be in form and contain in- 
formation, prescribed by the secretary of state. Every declaration must 
be signed by the elector seeking nomination. 

History: En. Sec. 59, Ch. 368, I». 1969; "legislature" for "legislative assembly" in 
amd. Sec. 1, Cli. 28, L. 1973. subdivision (5) (a); deleted "or lieu- 

tenant governor" from subdivision (5) 

Amendments (a) ; and made a minor change in phrase- 

The 1973 amendment added the second ology. 
sentence to subdivision (1); substituted 

23-3308. Ballots, hoW arranged and voted. (1) At the primary, there 
shall be a ballot for each political party entitled to participate. Each bal- 
lot shall be printed on a separate sheet of white paper of the same size, 
folded, and securely fastened at the top. 

(2) Candidates' names shall be arranged alphabetically by surnames, 
under the offices and under the proper party designation. The names of the 
candidates for governor and lieutenant governor shall be arranged by the 
surname of the candidate for governor. When two (2) or more persons 
are candidates for nomination for the same office, the registrar shall divide 
the ballot to provide a rotation of the names of the candidates as follows : 

(a) Divide all county baUot forms into sets equal in number to the 
greatest number of candidates for nomination or election to any office; 

(b) Arrange the sets so that candidates' names are rotated by remov- 
ing one name from the top of the list for each nomination or office and 
place the name or number at the bottom of the list for each successive set 
of ballot forms; however, in printing ballots for use in any one (1) precinct, 
only one (1) set shall be used and they shaU be identical; 

(c) If an elector writes the name of a person upon a ballot, and the 
person's name appears as a candidate upon another baUot, the ballot shall 
count for the person only as a candidate of the party upon whose ticket his 
name is written; 

66 



PRIMARY ELECTIONS AND NOMINATIONS 23-3314 

(d) If a person is nominated upon more than one (1) ticket, not later 
than ten (10) days after the election he shall file written notification with 
the secretary of state, registrar, or city clerk the party under which his 
name is to appear upon the ballot for the general election, and, if he fails 
to notify the proper officers, his name shall appear under the party with 
whom his nominating declaration was first filed; 

(e) If a person fails to be nominated upon the party ticket contained 
in his nominating declaration, his name shall not be printed upon any 
ballot with party designation; 

(f ) This act does not preclude an elector from having his name printed 
upon the ballot as an independent candidate, and no candidate shall have 
his name printed on more than one (1) ticket. 

(3) Ballots shall be printed on white paper in the form of the Austra- 
lian ballot and the candidates of each party shall be printed on a separate 
ticket. 

(4) After preparing his ballot, the elector shall detach it from the 
remaining tickets and fold it so that the face is concealed and the official 
stamp is seen; 

(a) The elector shall fold the remaining tickets, vote the marked 
ballot without leaving the polling place, and deposit the remaining tickets 
in a separate box marked as the blank ballot box; 

(b) Immediately after the recount period, the election judges shall, 
without examination, destroy the tickets deposited in the blank ballot box. 

History: En. Sec. 63, Ch. 368, L. 1969; Amendments 

amd. Sec. 2, Cli. 28, L. 1973. The 1973 amendment inserted the sec- 

ond sentence in subdivision (2). 

23-3313. 

[Section 22, Ch. 315, Laws 1974, substituted "public service connuis- 
sioners" in this section for "railroad commissioners."] 

23-3314. Copy of abstracts to be sent secretary of state — canvass by 
secretary of state — governor's certificate of nomination and proclamation — 
decision by lot in event of tie. (1) The registrar, immediately after mak- 
ing the abstracts of votes, shall send a copy of each of the abstracts by 
mail to the secretary of state. 

(2) The secretary of state shall, in the presence of the governor and 
the state treasurer, proceed not later than fifteen (15) days after the date 
of the primary election to canvass the votes given for nomination for 
governor and lieutenant governor, United States senator, United States 
representative, attorney general, superintendent of public instruction, 
public service commissioners, secretary o^ state, state treasurer, state 
auditor, justices of the supreme court, clerk of the supreme court, judges 
of the district court, members of tlie legislative assembly, and all other 
officers voted in any district comprisinuf more tlian one county. 

(3) The governor shall grant a certificate of nomination to the person 
having the highest number of votes for each office, and shall issue a procla- 
mation declaring the nomination of each person by his party. 

(4) When a tie exists between two (2) or more persons for nomination 
in the same party, the secretary of state shall immediately give notice 

67 



23-3318 ELECTION LAWS 

to the persons tied, to attend in person or by attorney, at his office at 
a time appointed by him. He shall then publicly decide by lot which per- 
son is nominated by his party. The governor shall issue his proclamation 
declaring the nomination of that person. 

History: En. Sec. 69, Ch. 368, L. 1969; tenant governor" after "governor" in sub- 
amd. Sec. 3, Ch. 28, L. 1973; amd. Sec. 22, division (2) ; and deleted "lieutenant 
Ch. 315, L. 1974. governor" later in subdivision (2). 

Amendments The 1974 amendment substituted "public 

The 1973 amendment inserted "and lieu- service commissioners" for "railroad com- 
missioners in subdivision (2). 

23-3318. Certificates of nomination by individuals or parties not ap- 
pearing on preceding general election ballot — requisites — applicability. Ex- 
cept as provided in subsection (6) of this section, nominations for public 
office by an individual or a political party which did not appear on the 
ballot in the next preceding general election may be made by executing 
a certificate of nomination. 

(Ij The certificate must be in writing and contain: 

(a) The name of a candidate for the office to be filled ; 

(b) His residence, his occupation, and his business address. 

(2) If a certificate is filed by a political party which did not appear 
on the ballot in the next preceding general election, it must contain the 
party name and in five (5) words or less the principle which such body 
represents. 

(3) The certificate must be signed by electors residing within the 
state and district, or political division in which the officer or officers 
are to be elected. Each elector signing a certificate shall add to his 
signature his place of residence, and his business address. 

(4) The number of signatures must be five per cent (5%) or more 
of the total vote cast for the successful candidate for the same office at 
the next preceding general election. 

(5) Except as provided in subsection (6), such certificates shall be 
filed on or before the filing deadline for the primary election as established 
by law. 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. 

(6) A person who desires to run for president or vice-president as an 
independent candidate, must file a certificate of nomination with the 
secretary of state 90 days prior to the date of the general election. The 
certificate must have the signatures of electors equal to five per cent (5%) 
or more of the legal votes cast for governor at the next preceding general 
election. He must also nominate the required number of electors allowable 
to Montana and certify the names to the secretary of state. 

(7) This section shall not apply to nominations for special elections or 
to fill vacancies. 

History: En. Sec. 78, Ch. 368, L. 1969; substituted "Except as provided in sub- 

amd. Sec. 1, Ch. 59, L. 1971; amd. Sec. 1, section (6), such certificates shall be filed 

Ch. 237, L. 1973. on or before the filing deadline for the 

primary election as established by law" 

Amendments for u-phe candidates for nomination shall 

The 1973 amendment inserted "general" file the certificates ninety (90) days prior 

before "election" throughout the section; to the date of the general election" in 

68 



PRIMARY ELECTIONS AND NOMINATIONS 23-3324 

subsection (5); and inserted "90 days at the end of the first sentence in sub 
prior to the date of the general election" section (6). 

23-3321. Declining nomination — vacancies before and after primary. 
(1) Twenty (20) days or more before the election, a person nominated 
for public office may decline the nomination by a writing sent to the 
office with whom his nominating declaration is filed. In city elections, 
the declination shall be made ten (10) days or more before the election. 

(2) If a vacancy occurs in the office of a candidate in case of death 
or removal from the state or district before the date of the primary, 
the vacancy shall be filled by the affected political party. 

(3) When a vacancy occurs in the office of a candidate after the 
primary and before the general election in any district however consti- 
tuted, the vacancy shall be filled as follows: 

(a) The vacancy shall be filled by a committee of three (3) members 
selected from each county or district by the county central committees 
of the county or district of the affected political party. 

(b) The secretary of the committee shall transmit a certificate to 
the secretary of state with the information contained on the original 
certificate plus the cause of the vacancy, the name of the person nomi- 
nated, the office to be filled, and the name of the person for whom 
the nomination was made. 

(c) "When the certificate is filed with the secretary of state accom- 
panied by the proper filing fee he shall insert the name of the person 
nominated to fill the vacancy. 

(d) If the secretary of state has certified the nominations to the 
registrars, he shall immediately certify to the registrars the name of the 
person nominated to fill the vacancy, the office to be filled, the party 
or political principle he represents, and the name of the person for 
whom the nominee is substituted. 

(4) A vacancy in the position of candidate for governor or lieutenant 
governor shall not affect the candidacy of the other joint candidate. 

History: En. Sec. 82, Ch. 368, I». 1969; Amendments 

amd. Sec. 5, Ch. 254, L. 1971; amd. Sec. The 1973 amendment added subdivision 

4, Ch. 28, L. 1973. (4). 

23-3322. Date of presidential primary. In the years in which a presi- 
dent of the United States is to be elected, a presidential preference pri- 
mary election will be held on the same day as the primary provided for 
in section 23-3301, R. C. M. 1947. 

History: En. 23-3322 by Sec. 1, Ch. 162, L. 1974. 

23-3323. Ballot. The regular ballots provided for in section 23-3308, 
R. C. M. 1947, shall be used for the presidential preference primary 
election. The presidential section of the ballot shall be placed before any 
other section, national, state, or local. 

History: En. 23-3323 by Sec. 2, Ch. 162, L. 1974. 

23-3324. Ballot listings. The presidential preference ballot shall list 
all candidates nominated in accordance with the provisions of this act, and 

69 



23-3325 ELECTION LAWS 

shall, in addition, include a presidential ballot position which shall be des- 
ig:nated as "no preference." 

History: En. 23-3324 by Sec. 3, Ch. 162, L. 1974. 

23-3325. Nomination petition. Before a presidential candidate may 
qualify for placement on the ballot, he must be nominated on petitions 
with the verified signatures of at least one thousand (1,000) qualified 
electors from each congressional district. The secretary of state is em- 
powered to prescribe the form and content of the petition. 

History: En. 23-3325 by Sec. 4, Ch. 162, L. 1974. 

23-3326. Submission and verification of petition. Petitions of nomina- 
tion for the presidential preference primary election must be presented to 
the county clerk and recorder of the county in which the signatures are 
gathered. The county clerk and recorder must verify the signatures in the 
manner prescribed in section 37-103, R. C. M. 1947, and must forward the 
petitions to the secretary of state. The petitions must be submitted to the 
clerk and recorder at least thirty (30) days before the filing deadline 
established in section 23-3305, R. C. M. 1947. 

History: En. 23-3326 by Sec. 5, Ch. 162, L. 1974. 

23-3327. Notification of candidates. If the signatures and petitions 
fulfill the requirements of this act, the secretary of state shall immediately 
notify the candidates named on the petitions that they shall be placed upon 
the presidential preference primary election ballot, unless they file with 
the secretary of state a notarized affidavit that they are not a candidate 
for president. The notification of the candidate shall be made at least 
fifteen (15) days before the filing deadline established in section 23-3305, 
R. C. M. 1947. The affidavit of noncandidacy must reach the secretary of 
state by the filing deadline established in section 23-3305, R. C. M. 1947. 

History: En. 23-3327 by Sec. 6, Ch. 162, L. 1974. 

23-3328. Deleg-ates to national presidential nominating conventions. 

The method of selection of delegates to national presidential nominating 
conventions is to be set by party rules. The use of the results of the presi- 
dential preference primary election by the political parties in their dele- 
gation selection systems is discretionary and is to be determined by party 
rules. 

History: En. 23-3328 by Sec. 7, Ch. 162, L. 1974. 

CHAPTER 34 

POLITICAL PARTIES, COMMITTEEMEN AND COMMITTEES 

Section 

23-3405. Organization of committee — meeting — county conveutiou to elect delegates 
and alternates to state convention. 

23-3405. Organization of committee — ^meeting — county convention to 
elect delegates and alternates to state convention. (1) The committee 

70 



ELECTION SUPPLIES AND BALLOTS 23-3513 

shall meet prior to the state convention of its political party and organize 
by electing a chairman and one (1) or more vice-chairmen. The chairman 
or first vice-chairman shall be a woman. They shall elect a secretary 
and other officers as are proper. It is not necessary for the officers to be 
precinct committeemen. 

(2) The committee may select managing or executive committees and 
authorize subcommittees to exercise any and all powers conferred upon 
the county, city, state, and congressional central committees by this act. 

(3) The chairman of the county central committee shall call the cen- 
tral committee meeting and not less than four (4) days before the date 
of the central committee meeting shall publish the call in a newspaper 
published at the county seat and mail a copy of the call to each precinct 
committeeman. If party rules permit the use of a proxy, no proxy shall 
be recognized unless held by an elector of the precinct of the committeeman 
executing it. 

(4) The county chairman of the party shall preside at the county 
convention. No person other than a duly elected or appointed committee- 
man or officer of the committee is entitled to participate in the proceedings 
of the committee. 

(5) If a committeeman is absent, the convention may fill the vacancy 
by appointing some qualified elector of the party, resident in the precinct, 
to represent the precinct in the convention. 

(6) The county convention shall elect delegates and alternate dele- 
gates to the state convention under rules of the state party. The chair- 
man and secretary of the county convention shall issue and sign certificates 
of election of the delegates. 

History: En. Sec. 76, Ch. 368, L. 1969; (3); inserted "If party rules permit the 

amd. Sec. 1, Ch. 216, L. 1973. use of a proxy," at the beginning of the 

second sentence of subsection (3); de- 
Amendments leted "and the appointed proxy" after 
The 1973 amendment deleted "enclos- "committeeman" in subsection (5); and 
ing a blank proxy," after "a copy of the made a minor change in style, 
call" in the first sentence of subsection 

CHAPTER 35 

ELECTION SUPPLIES AND BALLOTS 

Section 

23-3513. Order of placement. 

23-3513. Order of placement. (1) The order of offices on the ballot 
in the first column designated "STATE AND NATIONAL," shall be as 
follows : 

(a) If the election is in a year in which a president of the United 
States is to be elected, in spaces separated from the balance of the party 
tickets by a heavy black line, shall be the names and spaces for voting 
for candidates for president and vice-president. The names of candidates 
for president and vice-president for each political party shall be grouped 
together. 

(b) United States senator; 

(c) United States representative; 

(d) Governor and lieutenant governor ; 

(e) Secretary of state ; 

(f ) Attorney general ; 

(g) State treasurer ; 

71 



23-4007 ELECTION LAWS 

(h) State auditor ; 

(i) Public service commissioners; 

( j) State superintendent of public instruction ; 

(k) Clerk of the supreme court ; 

(1) Chief justice of the supreme court ; 
(m) Associate justices of the supreme court ; 
(n) District court judges ; 

(o) State senators, members of the house of representatives. 
If any oflSces are not to be elected, they shall not be designated but the 
order of offices to be filled shall maintain their relative positions. 

(2) In the column designated, "COUNTY AND TOWNSHIP," the fol- 
lowing order of placement shaU be observed: 

(a) Clerk of the district court; 

(b) County commissioner; 

(c) County clerk and recorder; 

(d) Sheriff; 

(e) County attorney; 

(f) County auditor; 

(g) Other offices in the order designated by the registrar. 

(3) In the third column constitutional amendments shall be followed 

by referendum and initiative measures. 

History: En. Sec. 96, Ch. 368, L. 1969; subdivisions (1) (d) and (1) (e); and 
amd. Sec. 5, Ch. 28, K 1973; amd. Sec. 22, redesignated the succeeding items in sub- 
Ch. 315, L. 1974. division (1). 

Tlie 1974 amendment substitued "Public 
Amendiuents service commissioners" for "Railroad and 

The 1973 amendment combined former public service commissioners" in subdivi- 
sion (l)(i). 

CHAPTER 40 

CANVASS OF VOTES— RETURNS AND CERTIFICATES 

23-4007. Disposition of items by registrar. (1) When the registrar 
receives the packages or envelopes, he shall file those containing the ballots 
voted and detached stubs and the unused ballots and keep them unopened 
for twelve (12) months. After twelve (12) months, if there is no contest 
begun in a court or no recount, he shall, without opening them or examin- 
ing their contents, either burn the envelopes in an approved incinerator, 
destroy them in a mechanical shredder, or bury them in a sanitary landfill 
under his on-site supervision. 

(2) and (3) * * * [Same.] 

History: En. Sec. 177, Ch. 368, L. 1969; Amendments 

amd. Sec. 1, Ch. 100, L. 1974. The 1974 amendment added the provi- 

sions for shredding or burying the en- 
velopes. 

CHAPTER 45 

NONPARTISAN NOMINATION AND ELECTION OF JUDGES 

Section 

23-4510.1. Form of ballot on retention of incumbent supreme court justice. 

23-4510.2. Form of ballot on retention of incumbent district court judge. 

72 



ELECTION OF JUDGES 23-4510.2 

23-4510.1. Form of ballot on retention of incumbent supreme court 
justice. In the event there is no candidate for the office of supreme court 
justice or chief justice other than the incumbent, the name of the incumbent 
shall be placed on the official ballot for the general election as follows : 

Shall (chief) justice (here the name of the incumbent justice is in- 
serted) of the supreme court of the state of Montana be retained in office 
for another term? 

D YES 

D NO 

(Mark an "x" before the word "YES" if you wish the justice to remain 
in office. Mark an "x" before the word "NO" if you do not wish the justice 
to remain in office.) 

History: En. Sec. 1, Ch. 22, L. 1973. court justices and district court judges on 

the ballot in uncontested elections to corn- 
Title of Act ply with article VH, section 8(2) of the 
All act placing the name of the supreme 1972 Montana constitution. 

23-4510.2. Form of ballot on retention of incumbent district court judge. 

In the event there is no candidate for the office of district court judge 
in a judicial district of the state other than the incumbent, the name of 
the incumbent shall be placed on the official ballot for the general election 
as follows : 

Shall judge (here the name of the incumbent judge of the district court 

is inserted) of the district court of the judicial district of the 

state of Montana be retained in office for another term in office? 

D YES 

D NO 

(Mark an "x" before the word "YES" if you wish the judge to remain 
in office. Mark an "x" before the word "NO" if you do not wish the judge 
to remain in office.) 
History: En. Sec. 2, Cli. 22, L. 1973. 

CHAPTER 47 

ELECTION FRAUDS AND OFFENSES— CORRUPT PRACTICES ACT 

Section 

23-4701 to 23-4729. [Transferred from Title 94.] 

23-4730. Statement by candidate as to moneys expended — filing after election — penalty. 
23-4731. Accounts of expenditures by political committees and other persons — state- 
ment. 
23-4732 to 23-4735. [Transferred from Title 94.] 
23-4736. Record of statements — copies. 
23-4737 to 23-4759. [Transferred from Title 94,] 
23-4760. Court having jurisdiction of proceedings. 
23-4761 to 23-4775. [Transferred from Title 94.] 

23-4701 to 23-4729. [Transferred from Title 94.] 

Compiler's Notes appear in this title. Because there has 

These sections were originally num- been no change in text, the sections are 

bered 94-1401 to 94-1429. Section 29, Ch. not reprinted here but may be found in 

513, Laws of 1973, renumbered them to bound Volume Eight as follows: 

73 



23-4728.1 




New Sec. 


Vol.8 


23-4701 


94-1401 


23-4702 


94-1402 


23-4703 


94-1403 


23-4704 


94-1404 


23-4705 


94-1405 


23-4706 


94-1406 


23-4707 


94-1407 


23-4708 


94-1408 


23-4709 


94-1409 


23-4710 


94-1410 


23-4711 


94-1411 


23-4712 


94-1412 


23-4713 


94-1413 


23-4714 


94-1414 


23-4715 


94-1415 



ELECTION LAWS 



New Sec. 


Vol.8 


23-4716 


94-1416 


23-4717 


94-1417 


23-4718 


94-1418 


23-4719 


94-1419 


23-4720 


94-1420 


23-4721 


94-1421 


23-4722 


94-1422 


23-4723 


94-1423 


23-4724 


94-1424 


23-4725 


94-1425 


23-4726 


94-1426 


23-4727 


94-1427 


23-4728 


94-1428 


23-4729 


94-1429 



23-4728.1. Organizational statement — filing — penalty. No political 
committee, as defined in section 23-4729, may expend or contract to expend 
any funds until fifteen (15) days after one of its officers executes and files 
or causes to be filed an organizational statement, properly acknowledged 
by a notary public, setting forth the names and addresses of all the officers 
of the political committee : 

(1) with the secretary of state in case of a measure submitted to the 
voters of the state or involving state or district offices for districts com- 
posed of one (1) or more counties or involving the election of a candidate 
to the legislature; 

(2) with the county clerk in case of measures involving counties or 
subdivisions thereof or county offices or offices of subdivisions thereof; and 

(3) with the city clerk in case of measures involving municipalities or 
offices of municipalities. 

(4) Whoever violates any provision of this section shall on conviction 
thereof be punished by imprisonment in the county jail for not more than 
six (6) months, or by a fine of not more than five hundred dollars ($500), 
or by both such fine and imprisonment. 

History: En. 23-4728.1 by Sec. 1, Ch. 217, L. 1974. 



23-4730. (10776) Statement by candidate as to moneys expended — 
filing after election — penalty. Every candidate for nomination or election 
to public office, including candidates for the office of senator of the' United 
States, shall, within twenty (20) 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 legisla- 
tive 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 

74 



CORRUPT PRACTICES 23-4731 

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 twenty 
(20) 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. Twenty (20) 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 offi- 
cer shall proceed to prosecute said candidate for such offense. 

History: En. Sec. 11, Inlt. Act, Nov. be found under sec. 94-1430 in bound Vol- 

1912; re-en. Sec. 10776, R. C. M. 1921; Sec. ume Eight. 

94-1430, R. C. M. 1947; amd. Sec. 1, Ch. 

144, L. 1973; redes. 23-4730 by Sec. 2y, Ch Amendments 

513, It, 1973. Chapter 144, Laws of 1973, extended 
.,,.-. the time for filing and for notice of fail- 
Compiler s Notes ure to file from fifteen to twenty days 
The previous text of this section may after the election. 

23-4731. (10777) Accounts of expenditures by political committees and 
other persons — statement. (1) Every political committee shall have a 
treasurer, who is a voter, and shall cause him to keep detailed accounts of 
all its receipts, payments, and liabilities. Similar accounts shall be kept 
by every person, who in the aggregate receives or expends money or incurs 
liabilities to the amount of more than fifty dollars ($50) for political pur- 
poses, 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. 

(2) Every person receiving or expending money or incurring liability 
by authority or in behalf of or to promote the success or defeat of such 
committee, agent, candidate, or other person or political party or organiza- 
tion, shall, on demand, and in any event within twenty (20) days after 
such receipt, expenditure, or incurrence of liability, give such treasurer, 
agent, candidate, or other person on whose behalf such expense or liability 
was incurred a detailed verified account thereof. Every payment shall be 
accounted for by a receipted bill stating the particulars of expense. Every 
voucher, receipt, and verified account hereby required shall be a part 
of the accounts and files of such treasurer, agent, candidate, or other person, 
and shall be preserved for six (6) months after the election to which it 
refers. 

(3) Any person not a candidate for any office or nomination who ex- 
pends money or value to an amount greater than fifty dollars ($50) in nny 
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 tM^enty (20) 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 (1) or more counties, or with the county clerk for county offices, 
and with the city clerk, auditor, or recorder for municipal offices, a verified 
itemized statement of such receipts and expenditures for every sum paid in 

75 



23-4736 



ELECTION LAWS 



excess of five dollars ($5), and shall at the same time deliver to the candidate 
or treasurer of the political organization whose success or defeat he has 
sought to promote, a duplicate of such statement and a copy of such re- 
ceipts. 

(4) The books of account of everv 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 dis- 
trict ; and his right of inspection may be enforced by writ of mandamus by 
any court of competent jurisdiction. 

the time for accounting specified in sub- 
section (2) from fifteen to twenty days 
after the transaction; and extended the 
time for filing specified in subsection (3) 
from fifteen to twenty days after the 
election. 



History: En. Sec. 12, Inlt. Act, Nov. 
1912; re-en. Sec. 10777, B. C. M. 1921; amd. 
Sec. 1, Ch. 41, L. 1969; Sec. 94-1431, R. 
C. M, 1947; amd. Sec. 2, Ch. 144, L. 1973; 
redes, 23-4731 by Sec. 29, CTh. 513, L. 
1973. 

Compiler's Notes 

The previous text of this section may 
be found under sec. 94-1431 in bound 
Volume Eight. 

Amendments 

Chapter 144, Laws of 1973, extended 



Bipartisan Organizations 

Bipartisan organization to promote the 
sales tax referred measure was legislative 
in nature and not political within the 
meaning of subsection (4) of this section. 
State ex rel. Nybo v. District Court, — 
M — , 492 P 2d 1395. 



23-4732 to 23-4735. [Transferred from Title 94.] 

Compiler's Notes 

These sections were originally num- 
bered 94-1432 to 94-1435. Section 29, Ch. 
513, Laws of 1973, renumbered them to 
appear in this title. Because there has 
been no change in text, the sections are 
not reprinted here but may be found in 
bound Volume Eight as follows: 



New Sec. 


Vol 8 


23-4732 


94-1432 


23-4733 


94-1433 


23-4734 


94-1434 


23-4735 


94-1435 



23-4736. (10782) Record of statements — copies. All statements shall 
be preserved by the officer with whom they are filed during the term of 
office to which they relate, and shall be public records subject to public in- 
spection, 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. 

be found under sec. 94-1436 in bound Vol- 
ume Eight. 

Amendments 

The 1971 amendment substituted "by 
the officer with whom they are filed during 
the term of office" for "for six months 
after the election." 



History: En. Sec. 17, Inlt. Act, Nov. 
1912; re-en. Sec. 10782, B. C. M. 1921; 
amd. Sec. 1, Cli. 41, I>. 1943; amd. Sec. 
1, Ch. 251, L. 1971; Sec. 94-1436, B. C. M. 
1947; redes. 23-4736 by Sec. 29, Ch. 513, L. 
1973. 

Compiler's Notes 

The previous text of this section may 



23-4737 to 23-4759. [Transferred from Title 94.] 
Compiler's Notes 

These sections were originally num- 
bered 94-1437 to 94-1459. Section 29, Ch. 
513, Laws of 1973, renumbered them to 



appear in this title. Because there has 
been no change in text, the sections are 
not reprinted here but may be found in 
bound Volume Eight as follows: 



76 



CONSTITUTIONAL CONVENTIONS 



23-4801 



New Sec. 


VoL8 


23-4737 


94-1437 


23-4738 


94-1438 


23-4739 


94-1439 


23-4740 


94-1440 


23-4741 


94-1441 


23-4742 


94-1442 


23-4743 


94-1443 


23-4744 


94-1444 


23-4745 


94-1445 


23-4746 


94-1446 


23-4747 


94-1447 


23-4748 


94-1448 



New Sec. 


Vol.8 


23-4749 


94-1449 


23-4750 


94-1450 


23-4751 


94-1451 


23-4752 


94-1452 


23-4753 


94-1453 


23-4754 


94-1454 


23-4755 


94-1455 


23-4756 


94-1456 


23-4757 


94-1457 


23-4758 


94-1458 


23-4759 


94-1459 



23-4760. (10806) Court having jnrisdiction 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 23-4757, must 
be made or filed in the district court of the county in which the certificate 
of his nomination as a candidate for the office to which he is declared nomi- 
nated or elected is filed, or in which the incumbent resides. 

Amendments 

The 1973 amendment renumbered this 



History: En. Sec. 41, Init. Act, Nov. 
1912; re-en. Sec. 10806, R. C. M. 1921; Sec. 
94-1460, R. C. M. 1947; amd. and redes. 23- 
4760 by Sec. 25, Ch. 513, L. 1973. 



Compiler's Notes 

The previous text of this section may be 
found under sec. 94-1460 in bound Volume 
Eight. 



section; and substituted the reference to 
section 23-4757 for a reference to section 
94-1457. 



23-4761 to 23-4775. [Transferred from 

Compiler's Notes 

These sections were originally num- 
bered 94-1462 to 94-1476. Section 29, Ch. 
513, Laws of 1973, renumbered them to 
appear in this title. Because there has 
been no change in text the sections are 
not reprinted here but may be found in 
bound Volume Eight as follows: 



New Sec. 


Vol 8 


23-4761 


94-1462 


23-4762 


94-1463 


23-4763 


94-1464 



itle 94.] 




New Sec. 


Vol 8 


23-4764 


94-1465 


23-4765 


94-1466 


23-4766 


94-1467 


23-4767 


94-1468 


23-4768 


94-1469 


23-4769 


94-1470 


23-4770 


94-1471 


23-4771 


94-1472 


23-4772 


94-1473 


23-4773 


94-1474 


23-4774 


94-1475 


23-4775 


94-1476 



CHAPTER 48 

constitutional CONVENTIONS 

Section 

23-4801. Question of holding convention submitted at least every 20 years. 

23-4802. Ballot— form — contents. 



23-4801. Question of holding convention submitted at least every 20 
years. Unless otherwise submitted earlier, the secretary of state shall cause 

77 



23-4802 ELECTION LAWS 

the question of holding an unlimited constitutional convention to be sub- 
mitted to the people at the general election in 1990. The same question shall 
be submitted at the general election in each twentieth year following its 
last submission, unless otherwise submitted earlier. 

History: En. Sec. 1, Ci. 36, L. 1973. providing for the submission of the ques- 
tion of whether or not to hold a consti- 
Tltle of Act tutional convention at least every twenty 

An act implementing article XIV, sec- (20) years, 
tion 3 of the 1972 Montana constitution, 

23-4802. Ballot — form — contents. The ballot submitting the question 
to the people shall contain the attorney general's explanatory statement and 
the following : 

Pursuant to article XIV, sections 3 and 4 of the Montana constitution, 
the secretary of state shall cause the question of holding an unlimited con- 
stitutional convention to be submitted to the people at the general elec- 
tion in each twentieth year following its last submission. If a majority of 
those voting on the question answer in the affirmative, the legislature shall 
provide for the calling thereof at its next session. 

n FOR CALLING A CONSTITUTIONAL CONVENTION 

D AGAINST CALLING A CONSTITUTIONAL CONVENTION 
History: En. Sec. 2, Cli. 36, L. 1973. 

CHAPTER 49— GUBERNATORIAL CAMPAIGN FUND 

23-4901. Purpose. It is the purpose of this act to allow the conduct 
of an experiment in the public financing of political campaigns in this state ; 
to determine public reaction to grass roots participation in campaign financ- 
ing through a designation by a taxpayer of one dollar ($1) of his tax lia- 
bility to a campaign fund; and to allow legislative review of public cam- 
paign financing based upon the results of the limited experiment authorized 
by this act. 

History: En. 23-4901 by Sec. 1, Ch. 263, L. 1974. 

23-4902. Definitions. As used in this act, unless the context requires 
otherwise : 

(1) "Fund" means the election campaign fund established in section 4 
[23-4904] of this act. 

(2) "Political party" is a party whose candidate for governor in the 
last general election received five per cent (5%) or more of the total votes 
cast for that office as verified by the secretary of state. 

(3) "Department" means the department of revenue provided for in 
Title 82A, chapter 18. 

(4) "Candidate" means an individual who has been nominated by a 
political party for election to the office of governor of this state. 

(5) "Individual" means a natural person. 
History: En. 23-4902 by Sec. 2, Ch. 263, L. 1974. 

23-4903. Designation by taxpayer. (1) An individual whose income 
tax liability under Title 84, chapter 49 for a taxable year is one dollar ($1) 

78 



GUBERNATORIAL CAMPAIGN FUND 23-4906 

or more may designate one dollar ($1) be paid over to the fund. In the 
case of a joint return, as provided in section 84-4914, of a husband and wife 
having an income tax liability of two dollars ($2) or more, each spouse may 
designate one dollar ($1) be paid to the fund. 

(2) The department shall provide a place on the face of the blank form 
of return, provided for in section 84-4919, where an individual may make 
the designation provided for in subsection (1). The form shall adequately 
explain the individual's option to designate one dollar ($1) to the fund and 
that a designation does not increase tax liability. 

History: En. 23-4903 by Sec. 3, Ch. 263, L. 1974. 

23-4904. Election campaign fund. (1) There is an election campaign 
fund within the earmarked revenue fund provided for in section 79-410. 

(2) All moneys designated under section 2 [23-4902] of this act shall 
be deposited in the fund. 

(3) Five (5) months before the general election in a gubernatorial elec- 
tion year all moneys in the fund shall be paid over in equal amounts to the 
treasurer of each political party, to be spent only for the legitimate cam- 
paign expenses of the gubernatorial candidate. 

History: En. 23-4904 by Sec. 4, Ch. 263, L. 1974. 

23-4905. Records to be kept — open to inspection. (1) The treasurer of 
each political party shall maintain a complete record of all disbursements of 
funds received by him under section 3 [23-4903] and used for the candidate's 
campaign expenses plus receipts or other evidence of each expense. 

(2) The record shall be available for inspection by anyone at any rea- 
sonable time. A copy shall be deposited in the oflSce of the secretary of state 
by December 31 of each general election year. 

History: En. 23-4905 by Sec. 5, Ch. 263, L. 1974. 

23-4906. Penalties for violation. The use of moneys from the fund by 
anyone for any purpose other than the legitimate campaign expenses of a 
candidate for governor is an offense and is punishable by imprisonment for 
not more than one (1) year, or by a fine of not more than five thousand 
dollars ($5,000), or by both. 

History: En. 23-4906 by Sec. 6, Ch. 263, L. 1974. 



79 



37-101 ELECTION LAWS 

TITLE 37— INITIATIVE AND REFERENDUM 

CHAPTER 1— STATE 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. 

37-104.1. Attorney general's summary of referred or initiative measures — state- 
ment' by secretary of state for referendum measures — placement on 
ballot. 

37-105. Certification and numbering of measures — constitutional amendments. 

37-107. Printing and distribution of measures. 

37-108. Canvass of votes. 

37-109. Who may petition— false signature — penalties. 

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 qualified elector of this 
state, is punishable by a fine of not exceeding five hundred dollars ($500), 
or imprisonment in the penitentiary not exceeding two years, or by both 
such fine and imprisonment. 

Petition for referendum. 

To the Honorable , Secretary of State of the state of 

Montana : 

We, the undersigned citizens and qualified electors 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 referred to the people of the state for their approval 
or rejection, at the regular, general, or special election to be held on the 
(Jay of , 19 , and each for himself says: I have per- 
sonally signed this petition; I am a qualified elector of the state of 
Montana; and my residence, post-office address, legislative representative 
district number, and voting precinct are correctly written after my name. 

Name Residence 

Post-office address 

If in city, street and number 

Legislative representative district number 

Voting precinct 

(Here follow numbered lines for signatures.) 

History: En. Sec. 1, Ch. 62, L. 1907; R. C. M. 1921; amd. Sec. 1, Ch. 454, L. 
Sec. 106, Rev. C. 1907; re-en. Sec. 99, 1973. 

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 
proposed by the initiative : 

Warning. 
Any person signing any name other than his own to this petition, 

80 



INITIATIVE AND REFERENDUM 37-103 

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 qualified elector of this 
state, is punishable by a fine not exceeding five hundred dollars ($500), 
or imprisonment in the penitentiary not exceeding two years, or by 
both such fine and imprisonment. 

Petition for Initiative. 

To the Honorable , Secretary of State of the State of 

Montana : 

We, the undersigned qualified electors of the state of Montana, re- 
spectfully demand that the following proposed law shall be submitted 
to the qualified 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, post-office 
address, legislative representative district, and voting precinct are cor- 
rectly written after my name. 

Name Residence 

Post-ofifice address 

If in city, street and number 

Legislative representative district 

Voting precinct 

(Numbered lines for names on each sheet.) 
Every such sheet for petitioner's signature shall be attached to a full 
and correct copy of the title and text of the measure so proposed by 
initiative petition; but such petition may be filed with the secretary of 
state in numbered sections, for convenience in handling, and referendum 
petitions may be filed in sections in like manner. 

History: En. Sec. 2, Ch. 62, L. 1907; 
Sec. 107, Rev. C. 1907; re-en. Sec. 100, 
R. C. M. 1921; amd. Sec. 2, Ch. 454, L. 
1973. 

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 registration books and blanks on file in his office, for the preceding 
general election, and shall thereupon attach to the sheets of said petition 
containing such signatures his certificate to the secretary of state, sub- 
stantially as follows : 

State of Montana, County of 

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 refer- 
endum (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 signatures of (names of signers), numbering 
(number of genuine signatures in each whole or partial legislative repre- 
sentative district lying within the county boundaries), are genuine. As 
to the remainder of the signatures ihereon, I believe that they are not 

81 



37-103 ELECTION LAWS 

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 genuine, and that the parties so signing were legally quali- 
fied 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 

Ij , a duly qualified and acting notary public in and for 

the above-named county and state, do hereby certify : that I am per- 
sonally 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 qualified electors of the state of Montana, 
and of the county, legislative representative districts and precincts 
written after their several names in the annexed petition, and that their 
residence and post-office address is correctly stated therein, to wit: 
(Names of such electors.) 

In Testimony Whereof, I have hereunto set my hand and official 

seal this day of , 19 

Notary Public, in and for County, 

State of Montana. 

The county clerk shall not retain in his possession any such 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 
secretary of state, with his certificate attached thereto, as above pro- 
vided. 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; amd. Sec. 3, Ch. 454, L. 
1973. 

82 



INITIATIVE AND REFERENDUM 37-105 

37-104. (102) Notice to governor and proclamation. Immediately 
upon the filing of any such petition for the referendum or the initiative 
with the secretary of state, signed by the nuijiber of electors and filed 
within the time required by the constitution, he shall notify the gover- 
nor in writing of the filing of such petition, and the governor shall 
forthwith issue his proclamation, announcing that such petition has been 
filed, with a brief statement of its tenor and effect. Said proclamation 
shall be published four times for four consecutive weeks in one daily 
or weekly paper in each county of the state of Montana. 

History: En. Sec. 4, Ch. 62, L. 1907; 
re-en. Sec. 109, Rev. C. 1907; re-en. Sec. 
102, R. C. M. 1921; amd. Sec. 4, Ch. 454, 
L. 1973. 

37-104.1. Attorney general's summary of referred or initiative meas- 
ures — statement by secretary of state for referendum measures — placement 
on ballot. The secretary of state of the state of Montana prior to certify- 
ing and numbering of referendum, initiative or constitutional amendment 
to the several counties of Montana as provided by sections 37-105 and 
23-1102 [23-3506] 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. In the case of refer- 
endum measures, the secretary of state shall prepare a statement setting 
forth the vote by which the referendum passed each house of the legislative 
assembly. The statement by the secretary of state shall precede the attor- 
ney general's statement on the printed form. The statement as prepared 
by the attorney general, and the statement of the secretary of state for 
referendum measures only, shall be in addition to the legislative title of 
the measure, the statement of the secretary of state for referendum meas- 
ures only and the statement 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 understood 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; 
amd. Sec. 1, Ch. 21, L. 1969; amd. Sec. 1, 
Ch. 108, L. 1974. 

37-105. (103) Certification and numbering of measures — constitu- 
tional amendments. The secretary of state shall furnish the said county 
clerks his certified copy of the titles and numbers of the various measures 
to be voted upon at the ensuing general or special election, and he shall 
use for each measure a title designated for that purpose by the legislative 
assembly, committee, or organization presenting and filing with him the 
act, or petition for the initiative or the referendum, or in the petition or 
act ; provided, that such title shall in no case exceed one hundred words, 
and shall not resemble any such title previously filed for any measure to 
be submitted at that election which shall be descriptive of said measure, 
and he shall number such measures. All measures shall be numbered with 

83 



37-107 ELECTION LAWS 

consecutive numbers beginning with the number immediately following 
that on the last measure filed in the office of the secretary of state. The 
affirmative and negative of each measure shall bear the same number, and 
no two measures shall be numbered alike. It shall be the duty of the sev- 
eral county clerks to print said titles and numbers on the official ballot 
prescribed by section 23-3506, 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 23-3506 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, Ch. 62, L. 1907; 1921; amd. Sec. 1, Ch. 52, L. 1927; amd. 
re-en. Sec. 110, Rev. C. 1907; amd. Sec. 1, Sec. 5, Ch. 454, L. 1973; amd. Sec. 2, Ch. 
Ch. 66, L. 1913; re-en. Sec. 103, R. C. M. 108. L. 1974. 

37-107. Printing and distribution of measures. (1) The secretary 
of state shall furnish a copy of each of the proposed measures to be sub- 
mitted to the people, and make requisition on the department of admin- 
istration, 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. 

(2) The department of administration, shall, no later than five (5) 
weeks before any general or special election, at which any proposed law 
is to be submitted to the people, have 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. The department of ad- 
ministration shall call for bids and contract with the lowest responsible 
bidder for the printing of the proposed law to be submitted to the people. 

(3) 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 the pro- 
posed measure constitutes less than six pages, it shall be printed flat and 
forwarded to the county clerk and recorder of each county in that form. 

(4) When the proposed measure constitutes more than six pages, 
the measure shall be printed in pamphlet form, securely stapled, without 
cover. No proposed measure shall be bound. The quality of the paper 
to be used for the proposed measure shall be left to the discretion of the 
department of administration. The number of proposed measures to be 
printed shall be at least five per cent (5%) more than the number of 
qualified electors, as shown by the registration lists of the several counties 
of the state at the last preceding general election. 

(5) The secretary of state shall distribute to each county clerk no 
later than four (4) weeks before the election at which the proposed meas- 
ure(s) will be voted upon, a sufficient number of pamphlets to furnish one 
copy to every voter in his county. Each county clerk shall mail to the 
county at least one copy of the pamphlet within two (2) weeks from the 
date of his receipt of the pamphlets from the secretary of state. 

84 



INITIATED CONSTITUTIONAL AMENDMENTS 37-201 

History: En. Sec. 7, Ch. 62, L. 1907; 1927; amd. Sec. 2, Ch. 104, L. 1945; amd. 
Sec. 112, Rev. C. 1907; re-en. Sec. 105, Sec. 1, Ch. 67, L. 1947; amd. Sec. 6, Ch. 
R. C. M. 1921; amd. Sec. 1, Ch. 137, L. 454, L. 1973; amd. Sec. 3, Ch. 108, L. 1974; 

amd. Sec. 15, Ch. 326, L. 1974. 

37-108. (106) Canvass of votes. The votes on measures and ques- 
tions shall be counted, canvassed, and returned by the regular boards of 
judges, clerks, and officers as votes for candidates are counted, canvassed, 
and returned, and the abstract made by the several county clerks of 
votes on measures shall be returned to the secretary of state on separate 
abstract sheets in the manner provided by section 23-4015 for abstracts 
of votes for state officers. It shall be the duty of the state board of 
canvassers to proceed within thirty (30) days after the election at which 
such measures are voted upon, and sooner if the returns be all received, 
to canvass the votes given for each measure, and the governor shall 
forthwith issue his proclamation, giving the whole number of votes 
cast in the state for and against each measure and question, and de- 
claring such measures as are approved by a majority of those voting 
thereon to be in eflfect the first day of July following its approval, unless 
the amendment provides otherwise, designating such measures by their 
titles. 

History: En. Sec. 8, Ch. 62, L. 1907; 
Sec. 113, Rev. C. 1907; re-en. Sec. 106, 
R. C. M. 1921; amd. Sec. 1, Ch. 37, L. 
1973; amd. Sec. 7, Ch. 454, L. 1973. 

37-109, (107) Who may petition — false signature — penalties. Each 
qualified elector of the state of Montana may sign a petition for the 
referendum or for the initiative or for constitutional referendum or con- 
stitutional initiative. Any person signing any name other than his own 
to a petition, or signing one more than once for the same measure at 
one election, or who is not, at the time of signing a petition, a qualified 
elector of this state, or any officer or any person willfully violating 
any provision of this statute, shall, upon conviction thereof, be punished 
by a fine not exceeding five hundred dollars ($500), or by imprisonment 
in the penitentiary not exceeding two (2) years, or by both. 

History: En. Sec. 9, Ch. 62, L. .1907; 
Sec. 114, Rev. C. 1907; re-en. Sec. 107, 
R. C. M. 1921; amd. Sec. 4, Ch. 35, L. 
1973; amd. Sec. 8, Ch. 454, L. 1973. 

CHAPTER 2— INITIATED CONSTITUTIONAL AMENDMENTS 

AND CONVENTIONS 

Section 37-201. Form for people's initiative petition on the question of calling a con- 
stitutional convention. 
37-202. Form for people's initiative petition for constitutional amendment. 
37-203. Time for filing petitions. 

37-201. Form for people's initiative petition on the question of calling 
constitutional convention. The following shall be substantially the 

form for the people's initiative petition on the question of calling a 

constitutional convention : 

WARNING 
Any person signing any name other than his own to this petition, or 

85 



a 



37-202 ELECTION LAWS 

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 qualified elector of 
this state, is punishable by a fine not exceeding five hundred dollars ($500), 
or imprisonment in the penitentiary not exceeding two (2) years, or by 
both. (Section 37-109, Revised Codes of Montana, 1947) 

PEOPLE'S INITIATIVE PETITION 

ON THE QUESTION OF CALLING 

A CONSTITUTIONAL CONVENTION 

To the Honorable , Secretary of State of the state of 

Montana: 

We, the undersigned qualified electors of the state of Montana, 
respectfully request that the question of whether there shall be an un- 
limited convention to revise, alter, or amend the constitution be sub- 
mitted to the qualified electors of the state of Montana for their approval 

or rejection at the general election to be held on the day of 

, 19 , and each qualified elector says for himself: 

I have personally signed this petition, and my residence, post-office 

address, and voting precinct are correctly written after my name. 

Name Residence 

Post-office address 

If in city, street and number 

Voting precinct Representative Dist. No. 

(Each sheet shall be in substantially the form above and contain numbered 

lines for names.) 

History: En. 37-201 by Sec. 1, Ch. 35, 
L. 1973. 

37-202. Form for people's initiative petition for constitutional amend- 
ment. The following shall be substantially the form for people's initiative 
petition for constitutional amendment : 

WARNING 

Any person signing any name other than his own to this petition, 
or signing the same more than once for the same measure at one elec- 
tion, or who is not, at the time of signing the same, a qualified elector of 
this state, is punishable by a fine not exceeding five hundred dollars 
($500), or imprisonment in the penitentiary not exceeding two (2) years, 
or by both. (Section 37-109, Revised Codes of Montana, 1947) 

PEOPLE'S INITIATIVE PETITION 
FOR CONSTITUTIONAL AMENDMENT 

To the Honorable , Secretary of State of the state of 

Montana : 

We, the undersigned qualified electors of the state of Montana, respect- 
fully request that the following proposed constitutional amendment shall 
be submitted to the qualified electors of the state of Montana, for their 

approval or rejection, at the statewide election to be held on the 

day of , 19 , and each qualified elector says for himself: 

I have personally signed this petition, and my residence, post-office 

86 



INITIATED CONSTITUTIONAL AMENDMENTS 37-203 

address, and voting precinct are correctly written after my name. 

Name Residence 

Post-office address 

If in city, street and number 

Voting precinct Representative Dist. No. 

(Each sheet for petitioner's signature shall be in substantially the form 

above and contain numbered lines for names. A full and correct copy 

of the title and text of the proposed constitutional amendment shall 

be included in or attached to each sheet of the petition.) 

History: En. 37-202 by Sec. 2, Ch. 35, 
L. 1973. 

37-203. Time for filing petitions. Petitions in this chapter shall be 
filed with the secretary of state on or before one hundred twenty (120) 
days prior to the election at which they are to be voted upon by the 
people. 

History: En. 37-203 by Sec. 3, Ch. 35, 
L. 1973. 



87 



37-301 ELECTION LAWS 

CHAPTER 3— COUNTY INITIATIVE AND REFERENDUM 

Section 37-301. Petition to initiate county resolution — adoption by board — submission 
to people — waiting period before re-enactment of resolution re- 
pealed by people. 

37-302. Election at which initiative petition submitted. 

37-303. Effective date of county commissioners' resolutions — appropriations 
— emergency measures. 

37-304. Petition to refer commissioners' resolution to electors. 

37-305. Election at which referred measure submitted — special election. 

37-306. Special election ordered by commissioners — submission by commis- 
sioners at general election. 

37-307. Issuance of proclamation — publication — posting. 

37-308. Form of ballot — canvass of votes — proclamation of result. 

37-309. Qualifications of electors. 

37-310. Measures required to be submitted to electors, 

37-311. Forms of petitions and proceedings. 

37-301. Petition to initiate county resolution — adoption by board — 
submission to people — waiting period before re-enactment of resolution 
repealed by people. (1) Resolutions may be proposed by the legal 
voters of any county in this state, in the manner provided in this act. 
Fifteen per cent (15%) of the legal voters of any county may propose 
to the board of county commissioners a resolution on a subject within 
the legislative jurisdiction and powers of such county commissioners, or 
a resolution amending or repealing any prior resolution or resolutions. 
Petitions shall be filed with the county clerk. The county clerk shall 
present the same to the board at its first meeting next following the 
filing of the petition. The board may, within sixty (60) days after the 
presentation of the petition to the board, adopt the resolution as set 
forth in the petition. If the resolution proposed by the petition is passed 
without change, it shall not be submitted to the people, unless a petition 
for referendum demanding such submission is filed under the provisions 
of this act. 

(2) If the board does not, within sixty (60) days, pass the resolution 
proposed in the petition, then the resolution proposed by the petition 
shall be submitted to the people. Before submitting such resolution to 
the people, the board may direct that a suit be brought in the district 
court in and for the county to determine whether the petition and or- 
dinance are regular in form, and whether the ordinance so proposed 
would be valid and constitutional. The procedure for judicial review 
shall be the same as that provided for the cities in section 11-1104 (4) 
and (5). 

(3) If a resolution is repealed pursuant to a proposal initiated by the 
qualified electors of a county as provided in this act, the board of commis- 
sioners may not, within a period of two (2) years thereafter, re-enact 
such resolution or any resolution so similar thereto as not to be materially 
different therefrom. If during such two (2) year period the board enacts 
a resolution similar to the one repealed pursuant to initiative of the 
voters, a suit may be brought to determine whether the new resolution 
is a re-enactment without material change of the one so repealed. The 
same procedures set forth for cities 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 a resolution repealed pursuant to initiative of the voters. 

History: En. Sec. 1, Ch. 64, L. 1973. 

88 



COUNTY INITIATIVE AND REFERENDUM 37-307 

37-302. Election at which initiative petition submitted. Any resolu- 
tion proposed by petition which is entitled to be submitted to the people, 
shall be voted on at the next regular election to be held in the county, 
unless the petition asks that the same be submitted at a special election, 
and such petition is signed by not less than fifteen per cent (15%) of the 
electors qualified to vote at the last preceding county election. 

History: En. Sec. 2, Ch. 64, L. 1973. 

37-303. Effective date of county commissioners' resolutions — appro- 
priations — emergency measures. No resolution passed by the board of 
county commissioners shall become effective until thirty (30) days after 
its passage, except general appropriation resolutions providing for the 
ordinary and current expenses of the county, excepting also emergency 
measures, and in the case of emergency measures the emergency must be 
expressed in the preamble or in the body of the measure, and the measure 
must receive a two-thirds (^) vote of all the members of the board. 
Emergency resolutions shall include only such measures as are immedi- 
ately necessary for the preservation of peace, health, and safety. 

History: En. Sec. 3, Ch. 64, L. 1973. 

37-304. Petition to refer commissioners' resolution to electors. Dur- 
ing the thirty (30) days following the passage of any resolution, ten per 
cent (10%) of the qualified electors of the county may, by petition ad- 
dressed to the board and filed with the county clerk, demand that such 
resolution, or any part or parts thereof, shall be submitted to the electors 
of the county. 

History: En. Sec. 4, Ch. 64, L. 1973. 

37-305. Election at which referred measure submitted — special elec- 
tion. Any measure on which a referendum is demanded under the pro- 
visions of this act shall be submitted to the electors of the county at the 
next county election provided the petition or petitions were filed with 
the county clerk at least thirty (30) days before such election. If such 
petition or petitions be signed by not less than fifteen per cent (15%) of 
the qualified electors of the county, the measure shall be submitted at a 
special election to be held for the purpose. 
History: En. Sec. 5, Ch. 64, L. 1973. 

37-306. Special election ordered by commissioners — submission by 
commissioners at general election. The board of county commissioners 
may in any case order a special election on a measure proposed by the 
initiative, or when a referendum is demanded, or upon any resolution 
passed by the board and may likewise submit to the electors, at a general 
election, any resolution passed by the board. 
History: En. Sec. 6, Ch. 64, L. 1973. 

37-307. Issuance of proclamation — ^publication — posting. Whenever 
a measure is ready for submission to the electors, the clerk of the county 
shall, in writing, notify the board, who shall issue a proclamation setting 
forth the measure and the date of the election. Said proclamation shall be 
published one (1) day each week for four (4) consecutive weeks in each 

89 



37-308 ELECTION LAWS 

daily newspaper in the county, if there be such, otherwise in the weekly 
newspaper published in the county. In case there is no weekly newspaper 
published, the proclamation and the measure shall be posted conspicu- 
ously throughout the county. 
History: En, Sec. 7, Ch. 64, L. 1973. 

37-308. Form of ballot — canvass of votes — proclamation of result. 

The question to be balloted upon by the electors shall be printed on the 
initiative or referendum ballot, and the form shall be that prescribed by 
law for questions submitted at state elections. The referendum or initiative 
ballots shall be counted, canvassed, and returned by the regular board of 
judges, clerks, and officers, as votes for candidates for office are counted, 
canvassed, and returned. The returns for the questions submitted by the 
voters of the county shall be on separate sheets, and returned to the county 
clerk. The returns shall be canvassed in the same manner as the returns 
of regular elections for county and federal officers. The board shall issue a 
proclamation, as soon as the result of the final canvass is known, giving 
the whole number of votes cast in the county 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 (5) 
days after the vote is officially announced. 
History: En. Sec. 8, Ch. 64, L. 1973. 

37-309. Qualifications of electors. The qualifications for voting on 
questions submitted to the electors are the same as those required for 
voting for county commissioners. 
History: En. Sec. 9, Ch. 64. L. 1973. 

37-310. Measures required to be submitted to electors. The provisions 
of this act regarding the referendum shall not apply to resolutions which 
are required by any other law of the state to be submitted to the voters 
or the electors or taxpayers of any county. 
History: En. Sec. 10, Ch. 64, L. 1973. 

37-311. Forms of petitions and 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. 
History: En. Sec. 11, Ch. 64, L. 1973. 



90 



LEGISLATURE 43-112 



TITLE 43— LEGISLATURE AND ENACTMENT OF LAWS 

CHAPTER 1— SENATORIAL, REPRESENTATIVE AND 
CONGRESSIONAL DISTRICTS 

Section 43-108. Decennial selection of reapportionment commission. 

43-109. Appointment of commissioners. 

43-110. Vacancy. 

43-111. Compensation of reapportionment commissioners. 

43-112. Technical and clerical services for commission. 

43-113. Co-operation of state agencies. 

43-114. Public hearing on reapportionment plan. 

43-115. Time for submission of plan. 

43-116. Legislative recommendations. 

43-117. Filing of final plan — dissolution of commission. 

43-118. Commissioners ineligible for legislative office. 

43-108. Decennial selection of reapportionment commission. During 
the 1973 legislative session and in each session preceding each federal 
population census, a commission of five (5) citizens, none of whom may 
be public officials, shall be selected to prepare a plan for redistricting and 
reapportioning the state into legislative and congressional districts. 

History: En. Sec. 1, Ch. 21, L. 1973. 14 of the 1972 Montana constitution by 

providing for a districting and apportion- 
Title of Act ment commission; and providing for an 

An act implementing article V, section immediate effective date. 

43-109. Appointment of commissioners. The majority and minority 
leaders of each house shall each designate one (1) commissioner. Two 
commissioners must be residents of the western congressional district 
and two commissioners must be residents of the eastern congressional 
district. The majority leader in each house shall have first choice of the 
congressional district from which he will select a commissioner. Within 
twenty (20) days after their designation, the four (4) commissioners shall 
select the fifth member, who shall serve as chairman of the commission. 
If the four (4) members fail to select the fifth member within the time 
prescribed, a majority of the supreme court shall select him. 

History: En. Sec. 2, Ch. 21, L. 1973. 

43-110. Vacancy. In the event a vacancy occurs on the commission, 
the appointing authority of the vacated seat shall designate a successor. 

History: En. Sec. 3, Ch. 21, L. 1973. 

43-111. Compensation of reapportionment commissioners. Commis- 
sioners are entitled to compensation of twenty dollars ($20) per day plus 
travel and actual expenses while attending commission meetings or in 
carrying out the official duties of the commission. 

History: En. Sec. 4, Ch. 21, L. 1973. 

43-112. Technical and clerical services for commission. The executive 
director of the legislative council, under the direction of the commission, 
shall provide the technical staflF and clerical services which the commission 
needs to prepare its districting and apportionment plan. 

History: En. Sec. 5, Ch. 21, L. 1973. 

91 



43-113 ELECTION LAWS 

43-113. Co-operation of state agencies. Upon request state agencies 
shall co-operate with the commission and furnish technical assistance and 
consulting personnel. 
History: En. Sec. 6, Ch. 21, L. 1973. 

43-114. Public hearing on reapportionment plan. Before the commis- 
sion submits its plan to the legislature, it shall hold at least one (1) public 
hearing on the plan at the state capitol. The commission may hold other 
hearings as it deems necessary. 
History: En. Sec. 7, Ch. 21, L. 1973.- 

43-115. Time for submission of plan. The first commission shall sub- 
mit its plan to the 1974 legislature by the tenth legislative day ; each subse- 
quent commission shall submit its plan to the legislature by the tenth 
legislative day of the first regular session after its appointment or after 
the census figures are available. 
History: En. Sec. 8, Ch. 21, L. 1973. 

43-116. Legislative recommendations. Within thirty (30) days after 
the commission submits its plan to the legislature, the legislature shall 
return the plan to the commission with its recommendations. 

History: En. Sec. 9, Ch. 21, L. 1973. 

43-117. Filing of final plan — dissolution of commission. Within thirty 
(30) days after receiving the plan and the legislature's recommendations, 
the commission shall file its final plan with the secretary of state. Upon 
filing, the plan shall become law and the commission shall be dissolved. 

History: En. Sec. 10, Ch. 21, L. 1973. 

43-118. Commissioners ineligible for legislative office. A member of 
the commission may not run for election to a legislative seat within two 
(2) years after the districting and apportionment plan in which he par- 
ticipated becomes effective. 
History: En. Sec. 11, Ch. 21, L. 1973. 



CHAPTER 2— THE LEGISLATIVE ASSEMBLY— ITS COMPOSITION, 
ORGANIZATION, OFFICERS AND EMPLOYEES 



43-218. 

[Section 98, Ch. 126, Laws 1974. substituted "department of adminis- 
tration" in this section for "state controller."] 



92 



LIBRARIES 44-213 



TITLE 44— LIBRARIES 

CHAPTER 2— LIBRARY FEDERATION 
44-213. Participation of other governmental units. When a library 

federation shall have been established, the legislative body of any g-overn- 
ment unit in the designated library federation area may decide, with the 
concurrence of the board of trustees of its library, if it is maintaining a 
library, to participate in the library federation. Each local entity may de- 
termine the amount of services it u^ishes to supply to fulfill the needs of 
its unit. After the necessary contract has been executed and beginning 
with the next fiscal year, the said governmental unit shall participate in 
the library federation and its residents shall be entitled to the benefits of 
the library federation, and property within its boundaries shall be subject 
to taxation for library federation purposes. 

The state board of regents 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 services. Any such contract which proposes 
the erection of a building shall be subject to the approval of the legisla- 
ture. Any joint library services 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 ; amd. Sec. 3, 
Ch. 357, L. 1974. 



93 



59-203 ELECTION LAWS 



TITLE 59— OFFICES AND OFFICERS 



CHAPTER 2— EXECUTIVE OFFICERS— CLASSIFICATION AND ELECTION 

Section 

59-203. Certain officers, how elected. 

59-203. (Ill) Certain officers, how elected. The mode of election 

of the governor, lieutenant-governor, secretary of state, state auditor, 

attorney general and superintendent of public instruction is prescribed by 

the constitution. 

History: En. Sec. 340, PoL C. 1895; re-en. 
Sec. 128, Rev. C. 1907; re-en. Sec. Ill, R. C. 
M. 1921; amd. Sec. 22, Ch. 100, L, 1973. Cal. 
PoL C. Sec. 348. 



CHAPTER 3— DISQUALIFICATIONS AND RESTRICTIONS 

Section 

59-301. Age and citizenship. 

59-301. (410) Age and citizenship. No person is eligible to hold civil 
office in this state, who at the time of his election or appointment is not of 
the age of eighteen (18) years or older and a citizen of this state. 

History: En. Sec. 960, Pol. C, 1895; re-en, 1971; amd. Sec. 1, Ch. 9, L. 1973; amd. 
Sec. 342, Rev. C. 1907; re-en. Sec. 410, Sec. 21, Ch. 94, L. 1973. Cal. Pol. C. Sec. 
R. 0. M. 1921; amd. Sec. 14, Ch. 240, L. 841. 



94 



PUBLIC SERVICE COMMISSION 70-101.1 

TITLE 70— PUBLIC UTILITIES 

CHAPTEE 1— PUBLIC SERVICE COMMISSION— REGULATION 

OF PUBLIC UTILITIES 

70-101. (3879) Creation of public service commission. A public serv- 
ice commission is hereby created, whose duty it shall be to supervise and 
regulate the operations of the public utilities hereinafter named, such super- 
vision and regulation to be in conformity with this act. The commission 
shall consist of five (5) members who shall be qualified electors of the dis- 
trict from which they are elected with each such member elected from a 
separate district of the state. At the next general election, there shall be 
elected five (5) commissioners for said commission except as hereinafter 
provided. Any commissioner whose term has not expired on the effective 
date of this act shall continue in office until the end of his term. Of the 
commissioners elected at the first election under this act, three (3) shall 
serve for a term of two (2) years, and two (2) for a term of four (4) 
years. At their first meeting the commissioners shall determine by lot which 
of them shall serve the terms less than four (4) years. Every term there- 
after shall be for a period of four (4) years commencing from the expira- 
tion of the first term. Said commissioners when elected will qualify at the 
time and in the manner provided by law for other state officers, and shall 
take office on the first Monday of January, next after their election. Each 
of said members of said board so elected shall serve until his successor is 
elected and qualified. A chairman shall be selected by the commission from 
its membership at the first meeting of each year after a general election. 

Any vacancy occurring in the board shall be filled by appointment by 

the governor, and such appointee shall hold office until the next general 

election, and until his successor is elected and qualified. At the biennial 

election following the occurrence of any vacancy in the board, there shall 

be elected one (1) member to fill out the unexpired term for which such 

vacancy exists. 

History: En. Sec. 1, Ch. 52, L. 1913; 
re-en. Sec. 3879, R. C. M. 1921; amd. Sec. 
1, Oh. 339, L. 1974. 

70-101.1. Public service commission districts. In this state there are 
five (5) public service commission districts, with one (1) commissioner 
elected from each district distributed as follows : 

First district: Blaine, Chouteau, Daniels, Dawson, Fergus, Garfield, 
Glacier, Golden Valley, Hill, Liberty, McCone, Musselshell, Petroleum, 
Phillips, Pondera, Prairie, Richland, Roosevelt, Sheridan, Toole, Valley, 
and Wibaux counties. 

Second district: Big Horn, Carbon, Carter, Custer, Fallon, Powder 
River, Rosebud, Stillwater, Sweetgrass, Treasure, and Yellowstone counties. 

Third district : Broadwater, Cascade, Jefferson, Judith Basin, Lewis and 
Clark, Meagher, Teton, and Wheatland counties. 

Fourth district: Beaverhead, Deer Lodge, Gallatin, Granit*, Madison, 
Park, Powell, Ravalli, and Silver Bow counties. 

Fifth district : Flathead, Lake, Lincoln, Mineral, Missoula, and Sanders 

counties. 

History: En. 70-101.1 by Sec. 2, Oh. 339, 
L. 1974. 

95 



75-5702 ELECTION LAWS 

TITLE 75— SCHOOLS 

CHAPTER 57— SUPERINTENDENT OF PUBLIC INSTRUCTION 

Section 

75-5702. Election and qualification. 

75-5702. Election and qualification. A superintendent of public in- 
struction for the state of Montana shall be elected by the qualified electors 
of the state at the general election preceding the expiration of the term 
of office of the incumbent. 

Any person shall be qualified to assume the office of superintendent 
of public instruction who : 

(1) is twenty-five (25) years of age or older at the time of his election ; 

(2) to (4).*** [Same] 

History: En. 75-5702 by Sec. 11, Ch. 5, 
L. 1971; amd. Sec. 1, Ch. 17, L. 1973. 

CHAPTER 58— COUNTY SUPERINTENDENT 

SeptioD 

75-5802. Election and qualification. 

75-5802. Election and qualification. A county superintendent shall be 
elected in each county of the state unless a county manager form of govern- 
ment has been organized in the county. The county superintendent shall be 
elected at the general election preceding the expiration of the term of 
office of the incumbent. 

Any person shall be qualified to assume the office of the county super- 
intendent who: 

(1) is a qualified elector ; 

(2) and (3).*** [Same] 

History: En. 75-5802 by Sec. 20, Ch. 5, 
L. 1971; amd. Sec. 29, Ch. 100, L. 1973. 

CHAPTER 59— SCHOOL DISTRICT TRUSTEES AND OFFICERS 

Section 

75-5903. Request and determination of number of high school district additional trus- 
tee positions. 

75-5912. Annual election. 

75-5914.1. Nomination of candidates by petition in first class elementary district. 

75-5915. Conduct of election and ballot. 

75-5916. Qualification and oath. 

75-5933. Powers and duties. 

75-5903. Request and determination of number of high school district 
additional trustee positions. As provided in subsection (2) (b) of section 
75-5902, each high school district, except a high school district operating a 
county high school, may have additional trustee positions when the trustees 
of a majority of the elementary districts with territory located in the high 
school district, but without representation on the high school district trus- 
tees under the provision of subsection (2) (a) of section 75-5902, request 
the establishment of such additional trustee positions. 

A request for additional trustee positions shall be made to the county 

96 



SCHOOLS 75-5915 

superintendent by a resolution of the trustees of each elementary district. 
When a resolution has been received from a majority of the elementary 
districts without representation on the high school district trustees, the 
county superintendent shall determine the number of additional trustee 
positions for the affected high school district in accordance with the fol- 
lowing procedure : 

(1) to (3).*** [Same] 

The number determined in subsection (3) above shall be the number of 
additional trustee positions except that the number of additional trustee 
positions shall not exceed four (4) in a first or second class high school 
district or two (2) in a third class high school district except when two- 
thirds (2/3) or more of the high school enrollment of the high school dis- 
trict and two-thirds (2/3) or more of the taxable valuation of the high 
school district are located outside of the elementary district which has its 
trustees placed on the high school district trustees. "When this situation 
exists, three (3) additional trustees shall be elected from the elementary 
school districts where the high school is not located and one (1) additional 
trustee shall be elected at large in the high school district. 

History: En. 75-5903 by Sec. 32, Ch. 5, 
L. 1971; amd. Sec. 1, Cli. 328, L. 1973. 

75-5912. Annual election. In each district an election of trustees shall 

be conducted annually on the regular scliool election day, the first Tuesday 

of April. Election of trustees shall comply with the election provisions of 

this title. 

History: En. 75-5912 by Sec. 41, Ch. 5, 
L. 1971; amd. Sec. 2, Ch. 109, L. 1974. 

75-5914. Repealed. 

Repeal pealed by Sec. 3, Ch. 165, Laws 1973. For 

Section 75-5914 (Sec. 43, Ch. 5, L. new law, see sec. 75-5914.1. Section 1 of 

1971), relating to nomination of trustee Ch. 259, Laws 1973 purported to amend 

candidates in first class elementary dis- this section. Under the provisions of sec- 

tricts by a nominating caucus, was re- tion 43-515, the amendment is void. 

75-5914.1. Nomination of candidates by petition in first class elementary 
district. Any twenty (20) electors qualified under the provisions of section 
75-6410 of any first class elementary district may nominate by petition as 
many trustee candidates as there are trustee positions subject to election 
at the ensuing election. The name of each person nominated for candidacy 
shall be submitted to the clerk of the district not less than forty (40) days 
before the regular school election day at which he is to be a candidate. If 
there are different terms to be filled, the term for which each candidate 
is nominated shall also be indicated. The election shall be conducted with 
the ballot as specified in section 75-5915. 

History: En. 75-5914.1 by Sec. 1, Ch. 
165, L. 1973. 

75-5915. Conduct of election and ballot. The trustees of each district 
shall call a trustee election on the regular school election day of each 
school fiscal year under the provisions of section 75-6406, except as pro- 
vided in section 75-5914.1. The trustees shall call and conduct the trustee 

97 



75-5916 ELECTION LAWS 

election in the manner prescribed in this title for school elections. Any elec- 
tor qualified to vote under the provisions of section 75-6410 may vote at a 
trustee election. The trustee election ballots shall be substantially in the 
following form : 

OFFICIAL BALLOT 
SCHOOL TRUSTEE ELECTION 

INSTRUCTIONS TO VOTERS: * * * [Same] 

In preparing the ballots, only those portions of the prescribed ballot that 
are applicable to the election to be conducted need to be used. The ballot 
also shall be prepared with blank lines and vacant squares in front of the 
lines in a sufficient number to allow write-in voting for each trustee position 
that is subject to election. 

When additional trustees in a high school district are to be elected, a 

separate ballot shall be used in each nominating district showing only the 

names of those candidates for which the electors of such district are entitled 

to vote. 

History: En. 75-5915 by Sec. 44, Ch. 5, 
L. 1971; amd. Sec. 2, Ch. 165, L. 1973; 
amd. Sec. 2, Ch. 259, L. 1973. 

75-5916. Qualification and oath. Any ])erson who receives a certificate 
of election as a trustee under the provisions of section 75-6423 shall not 
assume the trustee position until he has qualified. Such person shall qualify 
by completing and filing an oath of office with the county superintendent 
not more than fifteen (15) days after the receipt of the certificate of elec- 
tion. After a person has qualified for a trustee position, he shall hold such 
position for the term of the position and until his successor has been elected 
or appointed and has been qualified. 

If the elected person does not qualify in accordance with this require- 
ment, a person shall be appointed in the manner provided by section 75-5918 
and shall serve until the next regular election. 

History: En. 75-5916 by Sec. 45, Ch. 
5, L. 1971; amd. Sec. 1, Ch. 91, L. 1973. 

75-5933. Powers and duties. As prescribed elsewhere in this title, the 
trustees of each district shall have the power and it shall be its duty to 
perform the following duties or acts : 

(1) employ or dismiss a teacher, principal or other assistant upon tlie 
recommendation of the district superintendent, the county high school prin- 
cipal, or other principal as the board may deem necessary, accepting or re- 
jecting such recommendation as the trustees shall in their sole discretion 
determine, in accordance with the provisions of the school personnel chap- 
ter of this title ; 

(2) to (16). * * * [Same as parent volume.] 

(17) establish and maintain the school food services of the district in 
accordance with the provisions of the school food services chapter of this 
title ; 

(18) perform any other duty and enforce any other requirements for 
the government of the schools prescribed by this title, the policies of the 

98 



SCHOOLS 75-6410 

board of education or the rules and regulations of the superintendent of 
public instruction ; and 

(19) may require that all children at the time they are first enrolled 
in school, or within a reasonable time thereafter, be successfully immunized 
against those communicable diseases, as recommended by the state depart- 
ment of health and environmental sciences. 

The immunizations required and the manner and frequency of their 
administration shall conform to recognized standards of medical practice 
and shall be set by the state department of health and environmental 
sciences. 

A child may be exempted from this requirement upon certification from 
a licensed physician stating that the physical condition of the child is such 
that the immunization would seriously endanger his life or health, or a writ- 
ten statement signed by one (1) parent or guardian that he is an adherent 
of a religious denomination whose religious teachings are opposed to the 
immunization. 

History: En. 75-5933 by Sec. 62, Ch. 5, L. 
1971; amd. Sec. 1, Ch. 69, L. 1973; amd. 
Sec. 1, Ch. 280, L. 1973. 

CHAPTER 64— SCHOOL ELECTIONS 

Section 

75-6404. Rcgriilnr school election (l;iy jiml .'^jicci.il siIhmiI clcil ions. 

75-6410. Qualifications of elector. 

75-6412. Elector challenges. 

75-6404. Regular school election day and special school elections. The 
first Tuesday of April of each year shall be the regular school election day. 
Unless otherwise provided by law, special school elections may be eon- 
ducted at such times as determined by the trustees. 

History: En. 75-6404 by Sec. 140, Ch. 5, 
L. 1971; amd. Sec. 1, Ch. 109, L. 1974. 

75-6410. Qualifications of elector. Every person is entitled to vote 
at school elections if he has the following qualifications : 

(1) He has registered to vote with the county registrar as a resident 
in the school district in which he resides and proposes to vote in the manner 
provided by the general state election laws except in regard to the closure 
of elector registration as provided in section 75-6413 ; 

(2) He is eighteen (18) years of age or older; 

(3) He has been a resident of Montana for at least thirty (30) days; 
and 

(4). ** * [Same] 

No person convicted of a felony has the right to vote while he is 
serving a sentence in a penal institution. 

No person adjudicated to be of unsound mind has the right to vote 
unless he has been restored to capacity as provided by law. 

History: En. 75-6410 by Sec. 146, Ch. 4, Ch. 91, L. 1973; amd. Sec. 31, Ch. 100, 
5, L. 1971; amd. Sec. 2, Ch, 83, L. 1971; L. 1973. 
amd. Sec. 1. Ch. 118, L. 1971: amd. Sec. 

75-6410.1. Repealed. 

99 



75-6412 ELECTION LAWS 

Repeal Sec. 58, Ch. 100, Laws 1973. Chapter 391, 

Section 75-6410.1 (Sec. 1, Ch. 83, L. Laws of 1973, purported to amend this 

1971), relating to qualifications of voters section, but such amendment was void 

on school tax questions, was repealed by under the rule in section 43-515. 

75-6412. Elector challenges. An elector may challenge the qualifica- 
tions of another elector under the provisions of section 23-3015. Any person 
offering to vote in a school election may be challenged by any elector of 
the district on any of the grounds for challenge established in section 23- 
3611, R.C.M., 1947. Such challenge shall be determined in the same 
manner, using the same oath as provided in chapter 36 of Title 23, R.C.M., 
1947. 

Any person who shall have been challenged under any of the provisions 
of this section and who shall swear or affirm falsely before any school 
election judge shall be guilty of perjury and shall be punished accordingly. 

History: En. 75-6412 by Sec. 148, Ch. 
5, L. 1971; amd. Sec. 3, Ch. 83, L. 1971; 
amd. Sec. 5, Ch. 91, L. 1973. 

CHAPTER 6.5— SCHOOL DISTRICT ORGANIZATION AND REORGANIZATION 

75-6508. Elementary district annexation. An elementary district may 
be annexed to another elementary district located in the same county when 
one of the conditions of section 75-6507 is met in accordance with the 
following procedure : 

(1) to (6). ♦**[Same] 

History: En. 75-6508 by Sec. 167, Ch. 5, 
L. 1971; amd. Sec. 6, Ch. 91, L. 1973. 

75-6509. Consolidation or annexation election with assumption of bond- 
ed indebtedness. (1) to (3) * * * [Same.] 

(4) When the trustees in each elementary district conducting an elec- 
tion canvass the vote under the provisions of section 75-6423, they shall 
decide according to the following procedure, if the proposition has been 
approved : 

(a) * * * [Same.] 

(b) When the proposition is approved under subsection (4) (a), de- 
termine the number of votes "FOR" and "AGAINST" the proposition. The 
proposition shall be approved in the district if a majority of those voting 
approve the proposition. If the proposition is disapproved under either 
the provisions of subsection (4) (a) or (4)(b), the proposition shall be dis- 
approved in the district. 

History: En. 75-6509 by Sec. 168, Ch. 5, 
L. 1971; amd. Sec. 5, Ch. 83, L. 1971; amd. 
Sec. 1, Ch. 155, L. 1974. 

75-6516.1. Boundary adjustments in elementary school districts. The 
trustees of an elementary school district may, by resolution, request a 
change in the boundaries between their district and an adjacent district. 
The resolution shall be addressed to the county superintendent of schools, 
who, upon receiving such a resolution, shall proceed as set forth in section 
75-6516. 
History: En. Sec. 1, Ch. 29, L. 1974. 

100 



SCHOOLS 75-6923 

75-6516.2. Review of boundaries by county superintendent. A county 
superintendent of schools shall, at least once every three (3) years, review 
the existing elementary school district boundaries in the county. This 
review and any recommended boundary changes shall be presented by the 
superintendent at a hearing conducted under section 75-6516. If the super- 
intendent orders a boundary change after the hearing, he shall forward 
copies of his review and the testimony at the hearing to the board of 
county commissioners and the state superintendent of public instruction. 
History: En. Sec. 2, Ch. 29, L. 1974. 

75-6517. Limitations for creation of new elementary district. A new 
elementary district may be created out of the territory of an existing 
elementary district or districts when : 

(1) and (2). *** [Same] 

(3) the ANB in any of the existing districts is not reduced to less 

than fifteen (15). 

History: En. 75-6517 by Sec. 176, Ch. 5, 
L. 1971; amd. Sec. 4, Ch. 137, L, 1973. 

CHAPTER 69— STATE EQUALIZATION AID TO PUBLIC SCHOOLS 

Section 

75-6923. Additional levy for general fund and election for authorization to impose. 

75-6923. Additional levy for general fund and election for authorization 
to impose. The trustees of any district may propose to adopt a general fund 
budget in excess of the general fund budget amount for such district as es- 
tablished by the schedule in section 75-6905 for any of the following pur- 
poses : 

(1) to (4) * * * [Same.] 

However, the trustees may not adopt a total general fund budget 
which exceeds one hundred twelve per cent (112%) of the general fund 
budget for the preceding year, unless such budget is adopted under condi- 
tions as provided in sections 75-6723 through 75-6730, or under the following 
conditions : 

(a) new programs which are approved under 75-6903 or existing pro- 
grams which are expanded as a result of ANB increases approved under 
75-6903 ; 

(b) federal programs which are continued with local funds if federal 
funds are withdrawn or withheld ; 

(c) new programs of special education are approved. 

In subsection. (2) (a), above, the budget may exceed one hundred 
twelve per cent (112%) of the preceding year's budget by a dollar amount 
equal to the increase in the maximum budget without a vote resulting 
from the introduction of the new or expanded program and in subsection 
(2) (b), above, by a dollar amount not to exceed the amount received from 
federal sources for the preceding year. Nothing in this act shall prevent a 
school district from adopting a budget at least as large as the maximum 
budget without a vote as provided in section 75-6905, provided, however, 
for the fiscal year 1975, the trustees may adopt a total general fund budget 
which exceeds one hundred twelve per cent (112%) of the general fund 
budget for the preceding year if they file a notice of this increase with the 

101 



75-7116 ELECTION LAWS 

superintendent of public instruction, setting forth the specific reasons for 
so increasing the budget. 

When the trustees of any district determine that an additional amount 
of financing is required for the general fund budget that is in excess of the 
statutory schedule amount, the trustees shall submit the proposition of an 
additional levy to raise such excess amount of general fund financing to the 
electors who are qualified, under section 75-6410, to vote upon such proposi- 
tion except that the Twin Bridges high school district may increase its 
general fund budget as established by section 75-6905, R. C. M. 1947, by the 
amount of tuition paid to the district the previous year under section 75- 
6319, R. C. M. 1947. Such special election shall be called and conducted 
in the manner prescribed by this title for school elections. The ballot for 
such election shall state the amount of money to be raised by additional 
property taxation, the approximate number of mills required to raise such 
money, and the purpose for which such money will be expended, and it 
shall be in the following format : 

PROPOSITION 

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), and being approximately (give num- 
ber) mills, for the purpose of (insert the purpose for which the additional 
tax levy is made) ? 

D FOR the additional levy. 

n AGAINST the additional levy. 

If the election on any additional levy for the general fund is approved 
by a majority vote of those electors voting at such election, the proposition 
shall carry and the trustees may use any portion or all of the authorized 
amount in adopting the preliminary general fund budget. The trustees shall 
certify the additional levy amount authorized by such a special election on 
the budget form that is submitted to the county superintendent and the 
county commissioners shall levy such number of mills on the taxable value 
of all taxable property within the district as prescribed in section 75-6926, 
as are required to raise the amount of such additional levy. 

Authorization to levy an additional tax under the provisions of this sec- 
tion shall be effective for only one school fiscal year and shall be authorized 
by a special election conducted before the first day of August of the school 
fiscal year for which it is effective. Only one such additional levy for the 
maintenance and operation of the school programs of a high school district 
may be imposed by a high school district in a given school fiscal year. 

History: En. 75-6923 by Sec. 273, Ch. 5, Sec. 6, Ch. 355, L. 1973; amd. Sec. 1, Ch. 
L. 1971; amd. Sec. 7, Ch. 83, L. 1971; amd. 214, L. 1974; amd. Sec. 1, Ch. 230, L. 1974; 

amd. Sec. 1, Ch. 346, K 1974. 

CHAPTER 71— SCHOOL DISTRICT AND COUNTY SCHOOL BONDS 

Section 

75-7116. Notice of bond election by separate purpose. 

75-7116. Notice of bond election by separate purpose. Any school dis- 
trict bond election shall be conducted in accordance with the school election 

102 



SCHOOLS 75-7406 

provisions of this Title except that the election notice required therein 
shall be in substantially the following form : 

NOTICE OF SCHOOL DISTRICT BOND ELECTION 

Notice is hereby given by the trustees of School District No 

of County, state of Montana, that pursuant to a certain resoln- 

tion duly adopted at a meeting of the board of trustees of said school dis- 
trict held on the day of , A.D., 19 , an election of the 

registered electors of School District No of County, 

state of Montana, will be held on the day of , A.D., 

19 , at for the purpose of voting upon the question of 

whether or not the trustees shall be authorized to issue and sell bonds of 

said school district in the amount of dollars ($ ), bearing 

interest at a rate not more tlian seven per cent (7%) per annum, payable 

semiannually, for the purpose of (here state purpose). The 

bonds to be issued will be either amortization or serial bonds, and amortiza- 
tion 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 not exceeding (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 



Chairman of School District No. 

of County, 

State of Montana 

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

History: En. 75-7116 by Sec. 317. Ch. 5, 
L. 1971; amd. Sec. 40, Ch. 234, L. 1971; 
amd. Sec. 1, Ch. 176, L. 1973. 

CHAPTER 74^SCHOOL TERMS AND HOLIDAYS 

75-7406. School holidays. Pupil instruction and pupil-instruetion-re- 
lated days shall not be conducted on the following holidays : 
(1) to (4) * * * [Same.] 

(5) Thanksgiving day (fourth Thursday in November), 

(6) Christmas day (December 25), 

(7) State and national election days when the school building is used 
as a polling place and the conduct of school would interfere with the 
election process at the polling place. When these holidays fall on Satur- 
day or Sunday, the preceding Friday or the succeeding Monday shall not 
be a school holiday. 

History: En. 75-7406 by Sec. 370, Ch. 5, 
L. 1971; amd. Sec. 1, Ch. 159, L. 1974. 

CHAPTER 81— COMMUNITY COLLEGE DISTRICTS 

Section 

75-8107. Election of trustees — districts from which elected — terms of office. 

75-8113. Qualifying and organization of board of trustees. 

103 



75-8107 ELECTION LAWS 

75-8107. Election of trustees — districts from which elected — terms of 
office. The regents shall provide for the election of trustees of the proposed 
community college district at the election held for the approval of its organ- 
ization. Seven (7) trustees shall be elected at large, except that should 
there be in such proposed community college district one (1) or more high 
school districts or part of a high school district within the community col- 
lege district with more than forty-three per cent (43%) and not more than 
fifty per cent (50%) of the total population of the proposed district, as de- 
termined by the last census, then each such district or part of district shall 
elect three (3) trustees and the remaining trustees shall be elected at large 
from the remainder or [of] the proposed community 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 population of the proposed district, 
then four (4) trustees shall be elected from such high school district or 
such part of high school district and three (3) trustees at large from the 
remainder of the proposed community college district. If the trustees are 
elected at large throughout the entire proposed community college 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 receiv- 
ing 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 community college 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. 75-8107 by Sec 454, Ch. 6, 
L. 1971; amd. Sec. 4, Ch. 406, L. 1971; 
amd. Sec. 14, Ch. 137, L. 1973. 

75-8113. Qualifying and organization of board of trustees. Newly 
elected members of the board of trustees of the community college district 
shall be qualified by taking the oath of office prescribed by the constitution 
of Montana. At the organization meeting called by the board of education, 
the board of trustees 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 district shall 
be the county treasurer of the county in which the community college fa- 
cilities are located, 

EOstory: En. 75-8113 by Sec. 460, Cli. 5, 
L. 1971; amd. Sec. 33, CIl 100, It. 1973. 

CHAPTER 82— SCHOOL SITES, CONSTRUCTION AND LEASING 

Section 

75-8205. Trustees may sell property when resolution passed after hearing, and appeal 
procedure. 

104 



SCHOOLS 75-8205 

75-8205. Trustees may sell property when resolution passed after hear- 
ing, and appeal procedure. Whenever the trustees of any district determine 
that a site, building, or any other real or personal property of the district 
is or is about to become abandoned, obsolete, undesirable, or unsuitable for 
the school purposes of such district, the trustees may sell or otherwise dis- 
pose of such real or personal property in accordance with this section and 
without conforming to the provisions of section 75-8204. 

The trustees of any district shall adopt a resolution stating their inten- 
tion to sell or otherwise dispose of district real or personal property because 
it is or is about to become abandoned, obsolete, undesirable, or unsuitable 
for the school purposes of the district. When such a resolution is adopted, 
the trustees shall set the date of the trustees meeting when they shall 
consider the adoption of a resolution to authorize the sale or other disposi- 
tion of such real or personal property. The trustees shall cause notices to 
be posted in the manner required for school elections that state the text of 
the resolution of intention to sell or dispose of the real or personal property 
and the time, date, and place when the resolution authorizing the sale or 
other disposition will be considered for adoption. Any elector of the district 
shall have the right to be present and protest the passage of the resolution. 
If the trustees adopt the resolution and an elector has protested such adop- 
tion at the trustee meeting conducted for the hearing on the resolution, 
such resolution shall not become effective for five (5) days after the date 
of its adoption. 

Any taxpayer may appeal the resolution of the trustees, at any time 
within five (5) days after the date of the resolution, to the district court 
by filing a verified petition with the clerk of such court and serving a copy 
of such petition upon the district. The petition shall set out in detail the 
objections of the petitioner to the adoption of the resolution or to the 
disposal of the property. The service and filing of the petition shall stay 
the resolution until final determination of the matter by the court. The 
court shall immediately fix the time for a hearing at the earliest, convenient 
time. At the hearing, the court shall hear the matter de novo and may take 
testimony as it deems necessary. Its proceedings shall be summary and in- 
formal, and its decision shall be final. 

The trustees of a district that has adopted a resolution to sell or other- 
wise dispose of district real or personal property and, if appealed, has been 
upheld by the court shall sell or dispose of such real or personal property 
in any reasonable manner that they determine to be in the best interests of 
the district. The moneys realized from the sale or disposal shall be credited 
to the debt service fund, building fund, general fund, or any combination 
of these three funds, at the discretion of the trustees. 

History: En. 75-8205 by Sec. 477, Ch. 5, 
L. 1971; amd. Sec. 8, Cli. 91, L. 1973. 



105 



82-501 ELECTION LAWS 



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 oflBce. 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 
January next succeeding his election. 

History: En. Sec. 870, Pol. C. 1895; 
re-en. Sec. 299, Rev. C. 1907; re-en. Sec. 
370, R. C. M. 1921; amd. Sec. 45, Ch. 100, 
L. 1973. Cal. Pol. C. Sees. 749-758. 



106 



TAXATION 84-4906.2 



TITLE 84— TAXATION 

CHAPTER 49— INCOME TAX 

84-4906.1. Definitions. For the purposes of tliis at-t, unless tlie con- 
text requires otherwise: (1) "Department" means the department of 
revenue provided for in Title 82A, chapter 18. 

(2) "Individual" means a natural person. 

(3) "Political contribution" means a contribution or gift of money to: 

(a) the national committee of a national political party ; 

(b) the state central committee of any political organization which 
at the last preceding election for governor polled at least three per cent 
(3%) of the votes for governor; 

(e) the county central committee of any political organization which 
at the last preceding election for governor polled at least three per cent 
(3^^ ) of the votes for governor. 

History: En. 84-4906.1 by Sec. 1, Ch. 229, L. 1974. 

84-4906.2. Allowance of deduction. (1) In the ease of an individual 
in computing net income under section 84-4906, there shall be allowed as 
a deduction any political contribution made by the individual within the 
taxable year. 

(2) Limitations. 

(a) Amount. The deduction under subsection (1) shall not exceed 
fifty dollars ($50) or one hundred dollars ($100) in the case of a joint 
return under section 84-4914. 

(b) Verification. The deduction under subsection (1) shall be allowed, 
with respect to any political contribution, only if such political contribu- 
tion is verified in a manner prescribed by the department. 

History: En. 84-4906.2 by Sec. 2, Ch. 229, L. 1974. 



107 



89-2330.1 ELECTION LAWS 



TITLE 89— WATERS AND IRRIGATION 

CHAPTER 23— DRAINAGE DISTRICTS— COMMISSIONERS- 
ELECTION— ORGANIZATION— REPORTS 

89-2330.1. Taxpayers' approval required for assessments on improve- 
ments. It shall require a vote of the persons on the assessment rolls in 
any existing district to make this law applicable to such districts. 

History: En. Sec. 10, Ch. 409, L. 1973; 
amd. Sec. 1, Ch. 147, L. 1974. 

89-2330.3. Procedures for elections in drainage districts. The election 
provided for by section 89-2330.1 shall be governed by the following rules. 

(1) Notice of the election shall be as provided in section 89-2303 ex- 
cept that the form of the ballot shall be as hereinafter provided. 

(2) The manner of conducting the election shall be as provided in 
section 89-2304. 

(3) The qualifications of electors shall be as provided in section 89- 
2305 except that, in addition to persons holding title, or evidence of title 
to lands within the district, any person as therein defined who does not 
own land within the district but has been assessed or will have his im- 
provements assessed under chapter 409, Laws of 1973, or who will be 
assessed for benefits received, shall be entitled to one (1) vote. Com- 
missioners shall prepare a list of such persons and g-ive them notice as 
provided in section 89-2303. 

(4) The commissioners of any district in existence prior to the eflFec- 
tive date of chapter 409, Laws of 1973, who wish to hold an election to 
determine if the district shall be governed by chapter 409, Laws of 1973, 
shall at any regular or special meeting- adopt a resolution calling- for an 
election to determine whether or not the voters of said district wish to be 
governed by chapter 409, Laws of 1973. The resolution shall contain a 
short summary of the changes made by chapter 409, Laws of 1973 and 
shall include the summary as part of the notice provided for by section 
89-2303. In addition, the commission shall provide copies of chapter 409, 
Laws of 1973 to any person interested in obtaining a copy of the same 
and the notice to the persons in the district calling the election shall 
describe where and how copies may be obtained. The commissioners may 
authorize a reasonable charge for providing said copies, not to exceed 
twenty cents ($.20) per page. 

(5) The ballot shall include the summary as provided for in the 
preceding- paragraph and the form of the ballot shall conform, as closely 
as possible, to that set forth in section 37-106. 

(6) A simple majority of those who cast valid ballots shall determine 
the outcome of the election. 



History: En. 89-2330.3 by Sec. 2, Ch. 
147, L. 1974. 



108 



CONSERVANCY DISTRICTS 89-3406 

CHAPTER 34— CONSERVANCY DISTRICTS 

89-3403. Definitions. As used in this act unless the context clearly 
indicates otherwise : 

(1) and (2) * * * [Same.] 

(3) "Elector" means a person qualified to vote under section 89-3423. 

(4) and (5) * * * [Same.] 

(6) "Department" means the department of natural resources and 
conservation provided for in Title 82A. chapter 15. 

(7) and (8) * * * [Same.] 

(9) "Cost of works" means the cost of construction, acquisition, im- 
provement, extension and development of works, including financing 
charges, interest and professional services. 

(10) to (13) * * * [Same.] 

History: En. Sec. 3, Ch. 100, L. 1969; 
amd. Sec. 183, Ch. 253, L. 1974. 

89-3404. Preliminary survey — petition. (1) To request a prelim- 
inary survey for a proposed conservancy district, the applicants shall 
present a written petition to the department. 

(2) The petition shall : 

(a) be signed by at least ten per cent (10%) of the registered voters 
residing within the boundaries of the proposed conservancy district; 

(b) generally describe the proposed boundaries of the district; 

(c) specify the purpose or purposes of the district; 

(d) list the works contemplated; 

(e) request that a preliminary survey be initiated. 

(3) The department may initiate a preliminary survey without any 
prior written petition. 

History: En. Sec. 4, Ch. 100, L. 1969; 
amd. Sec. 1, Ch. 19, L. 1973. 

89-3405. Action by water board upon receipt of request. (1) Sooner 
than eleven (11) days after the request is received, the department shall 
acknowledge the request. 

(2) The department shall itself, or through co-operating agencies, or 
together with co-operating agencies : 

(a) to (f) * * * [Same.] 

(g) sooner than one (1) year after receipt of the request, send a re- 
port of the preliminary survey to the applicants, the board of supervisors, 
fish and game commission, department of health and env'-jnmental 
sciences, and other affected state and federal resource agencic for their 
comments. 

History: En. Sec. 5, Ch. 100, L. 1969; 
amd. Sec. 1, Ch. 302, L. 1971; amd. Sec. 
184, Ch. 253, L. 1974. 

89-3406. Hearing by department. (1) Upon receipt of the prelimi- 
nary survey report the applicants, or any one of them, may request the 

109 



89-3407 ELECTION LAWS 

department to hold a hearing. The department shall hold the hearing 

sooner than sixty-one (61) days after receipt of the request. Notice of the 

hearing shall be given in accordance with section 89-3403 (11). 

(2) If the department itself initiated the preliminary survey, it may 

hold a hearing without being requested to do so. 

History: En. Sec. 6, Ch. 100, L. 1969; 
amd. Sec. 185, Ch. 253, L. 1974. 

89-3407. Feasibility study and report — adjustment of proposed bound- 
aries. After the hearing, the applicants, or any one of them, may request 
the department to prepare a detailed feasibility study of the proposed dis- 
trict. If the department concludes that the proposed district is feasible, 
desirable, and consistent with the state water plan, it shall prepare a feasi- 
bility report, and sooner than one (1) year after receipt of the request, 
send copies to the applicants, if any, the fish and game commission, de- 
partment of health and environmental sciences, and other aflfected state 
and federal water resource agencies. For good cause shown based upon the 
actual technical problems in completing the report, the department may 
use necessary additional time to complete and distribute the report. The 
detailed feasibility report shall describe the proposed works and contain 
an estimate of the cost of the works, the means of financing, and the 
estimated costs of operation and maintenance. The department may ad- 
just the boundaries of the proposed district to improve the feasibility, de- 
sirability and consistency with the state water plan, and to exclude land 
which would receive no direct or indirect benefits from the proposed dis- 
trict. 

History: En. Sec. 7, Ch. 100, L. 1969; 
amd. Sec. 1, Ch. 303, L. 1971; amd. Sec. 
186, Ch. 253, L. 1974. 

89-3408. Procedure for organization of district. If in the opinion of 
the department the feasibility study shows that a district is feasible and 
consistent with the state water plan, the procedure for organization is : 

(1) the department shall file a petition requesting organization with 
the court ; 

(2) and (3) * * * [Same.] 
History: En. Sec. 8, Ch. 100, L. 1969; 

amd. Sec. 187, Ch. 253, L. 1974. 

89-3410. Filing of documents after organization. Sooner than thirty- 
one (31) days after the district has been decreed organized, the clerk of 
the court shall transmit to the secretary of state, the department, and to 
the county clerk and recorder in each of the counties having lands in the 
district, copies of the election results, the decree of the court incorporating 
the district, and a description of the boundaries of the district. Copies of 
the same documents shall be filed in the office of the secretary of state in 
the same manner as articles of incorporation are required to be filed under 
the laws governing corporations. Copies shall also be filed in the office of 
the county clerk and recorder of each county in which a part of the district 
may be. The clerk and recorder of each county where the articles are filed 
and the secretary of state shall collect filing fees as provided by law. 

History: En. Sec. 10, Ch. 100, L. 1969; 
amd. Sec. 188, Ch. 253, L. 1974. 

110 



CONSERVANCY DISTRICTS 89-3411 

89-3411, Reimbursement for expenses of organizing election. If or- 
ganized, the district shall reimburse the county, or counties, for the ex- 
penses incurred in the organizing election. 

The costs of conducting the preliminary and feasibility studies shall be 
considered costs of construction of an approved project and shall be 
included in determination of the repayment schedules by the directors of 
the district. 

History: En. Sec. 11, Ch. 100, L. 1969; 
amd. Sec. 1, Ch. 18, L. 1973. 



Ill 



93-201 ELECTION LAWS 



TITLE 93— CIVIL PROCEDURE 

CHAPTER 2— SUPREME COURT 
Section 93-201. Justices — number increased to five — election and term of office. 

93-201. (8790) Justices — number increased to five — election and term 

of office. The supreme court consists of a chief justice and four associate 

justices, who are elected by the qualified electors of the state at large at 

the general state elections next preceding the expiration of the terms of 

office of their predecessors, respectively, and hold their offices for the 

term of eight (8) years from and after the first Monday of January next 

succeeding their election. 

History: En. Sec. 12, C. Civ. Proc. Sec. 8790, R. C. M. 1921; amd. Sec. 1, 
1895; re-en. Sec. 6244, Rev. C. 1907; Ch. 13, L. 1973. Cal. C. Civ. Proc. Sec. 40. 
amd. Sec. 1, Ch. 31, Ex. L. 1919; re-en. 

93-202 to 93-206. (8791 to 8795) Repealed. 

Repeal the supreme court from three to five 

Sections 93-202 to 93-206 (Sees. 2 to 6, justices, were repealed by Sec. 2, Ch. 13, 

Ch. 31, Ex. L. 1931), relating to appoint- Laws 1973. 

ments of additional justices to increase 

93-209. (8798) Repealed. 

Repeal office of supreme court justice, was re- 

Section 93-209 (Sec. 14, C. Civ. Proc. pealed by Sec. 14, Ch. 470, Laws 1973. 
1895), relating to filling of vacancies in ^or new law, see sees. 93-705 to 93-717. 

93-220. Repealed. 

Repeal preme court, was repealed bv Sec. 14, Ch. 

Section 93-220 (Sec. 2, Ch. 139, L. 470, Laws 1973. For new law, see sees. 
1957), relating to filling vacancy on su- 93-705 to 93-717. 

CHAPTER 3— DISTRICT COURTS 

Section 93-301. Judicial districts defined. 
93-302. Number of judges. 

93-301. (8812) Judicial districts defined. In this state there are 
eighteen judicial districts, distributed as follows : 

First district : Lewis and Clark and Broadwater counties. 

Second district : Silver Bow county. 

Third district : Deer Lodge, Granite, and Powell counties. 

Fourth district : Missoula, Mineral, Lake, Ravalli, and Sanders counties. 

Fifth district : Beaverhead, Jefferson, and Madison counties. 

Sixth district : Park and Sweet Grass counties. 

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

Eighth district : Cascade and Chouteau counties. 

Ninth district : Teton, Pondera, Toole, and Glacier counties. 

112 



JUSTICES OF THE PEACE 93-401 

Tenth district: Fergus, Judith Basin, and Petroleum counties. 

Eleventh district : Flathead and Lincoln counties. 

Twelfth district: Liberty, Hill, and Blaine counties. 

Thirteenth district: Yellowstone, Big Horn, Carbon, Stillwater, and 
Treasure counties. 

Fourteenth district: Meagher, Wheatland, Golden Valley, and 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. 

Eighteenth district : Gallatin county. 

History: En. Sec. 6256, Rev. C. 1907; 
re-en. Sec. 8812, R. C, M. 1921; amd. 
Sec. 1, Ch. 91, L. 1929; amd. Sec. 1, Ch. 
23, L. 1973. 

93-301.1 to 93-301.4. Repealed. 

Repeal eighteenth judicial district, were repealed 

Sections 93-301.1 to 93-301.4 (Sees. 1 by Sec. 2, Ch. 23, Laws 1973. For pres- 
to 4, Ch. 80, L. 1947), creating the ent law, see sec. 93-301. 

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 six (6) 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. 

History: En. Sec. 1, p. 156, L. 1901; 1955; amd. Sec. 1, Ch. 91, L. 1957; amd. 

re-en. Sec. 6264, Rev. C. 1907; re-en. Sec. 1, Ch. 161, L. 1959; amd. Sec. 1, Ch. 

Sec. 8813, R. C. M. 1921; amd. Sec. 2, 229, L. 1963; amd. Sec. 1, Ch. 14, L. 1973. 
Ch. 91, L. 1929; amd. Sec. 1, Ch. 18, L. 

93-309. (8820) Repealed. 

Repeal court bench, was repealed by Sec. 14, Ch. 

Section 93-309 (Sec. 35, .C. Civ. Proc. 470, Laws 1973. For new law, see sees. 
1895), relating to vacancies on the district 93-705 to 93-717. 



CHAPTER 4— JUSTICES' AND POLICE COURTS 
Section 93-401. Justices' courts and justices of the peace. 

93-401. (8833) Justices' courts and justices of the peace. (1) There 
must be at least one (1) justice court in each county of the state. The 
board of county commissioners of each county of the state shall have 
authority to constitute one (1) additional justice court in their respective 
counties as the board deems necessary. One (1) justice court in each coun- 
ty must be located at the county seat and the board of county coinmis- 
sioners shall determine the location of the other justice court in their 
respective counties. Each justice of the peace must be elected by the 
qualified electors of the county at the general state election next preceding 
the expiration of the term of office of his predecessor. 

113 



93-405 ELECTION LAWS 

(2) A justice of the peace shall be nominated and elected on the 
nonpartisan judicial ballot in the same manner as are judges of the 
district court. Each judicial office shall be a separate and independent 
office for election purposes and each office shall be numbered by the 
county commissioners and each candidate for justice of the peace shall 
specify the number of the office for which he seeks to be elected. A 
candidate may not file for more than one (1) office. Section 23-4511 
prohibiting political party endorsement for judicial officers shall also 
apply to justices of the peace. 

(3) Each justice of the peace, elected or appointed, after he has 
received his certificate of election or appointment, shall, before entering 
upon the duties of his office take the constitutional oath of office, which 
must be filed with the county clerk. 

(4) Before the county clerk may file the oath the elected or appointed 
justice must satisfy the clerk that he is either : 

(a) an attorney at law authorized to practice law in the state of 
Montana, or 

(b) a person who has held the office of justice of the peace within 
the preceding five (5) years, or 

(c) a person who has completed the orientation course of study held 
under the direction of the university of Montana law school ; or if a person 
is appointed after the course is ofTered he must agree to take the course 
at the next offering and failure to do so will disqualify him. 

(5) The university of Montana law school shall present a course of 

study as soon as is practical following each general election. Mileage and 

per diem shall be paid the elected or appointed justice of the peace for 

attending the course and shall be a proper charge against the county 

wherein the justice of the peace will hold court. 

History: En. Sec. 60, C. Civ. Proc. 1895; 
re-en. Sec. 6279, Rev. C. 1907; re-en. Sec. 
8833, R. C. M. 1921; amd. Sec. 4, Ch. 491. 
L. 1973; amd. Sec. 1, Ch. 23, L. 1974; 
amd. Sec. 1, Ch. 276, L. 1974. Cal. C. Civ. 
Proc. Sec. 85. 

93-405. (8837) Terms of office. The term of office of justices of 

peace is four (4) years from the first Monday in January next succeeding 

their election. 

History: En. Sec. 64, C. Civ. Proc. 1895; 
re-en. Sec. 6283, Rev. C. 1907; re-en. Sec. 
8837, R. C. M. 1921; amd. Sec. 8, Ch. 491, 
L. 1973. Cal. C. Civ. Proc. Sec, 110. 

CHAPTER 7— QUALIFICATIONS, APPOINTMENT AND DISCIPLINE OF 

JUDICIAL OFFICERS 

Section 

93-705 Judicial nomination commission — creation — composition. 
93-713. Confirmation by senate — interim appointment. 
93-714. Term of appointment — election for unexpired term. 

93-705, Judicial nomination commission — creation — composition. 
There is created a judicial nomination commission for the state of 

114 



JUDICIAL NOMINATION COMMISSION 93-714 

Montana, whose function it shall be to provide the governor with a 
list of candidates for nominee to fill any vacancy on the supreme court 
or any district court of the state of Montana. The commission shall be 
composed of seven (7) members as follows : 

(1) four (4) lay members, who are neither judges or attorneys, 
active or retired, and who shall reside in different geographical areas of 
the state; each of these four (4) members shall be representative of a 
different industry, business or profession, whether or not actively so 
engaged or retired; such members shall be appointed by the governor; 

(2) two (2) attorneys, actively engaged in the practice of law, one 
(1) from each congressional district, who shall be appointed by the 
supreme court ; 

(3) one (1) district judge elected by the district judges under an 
elective procedure initiated and conducted by the supreme court and 
certified to such election by the chief justice of the supreme court, and 
which for the purpose of the language of this act shall be considered as 
an appointment. 

History: En. Sec. 1, Ch. 470, L. 1973. 

93-713. Confirmation by senate — interim appointment. Each nomina- 
tion shall be confirmed by the senate, but a nomination made while the 
senate is not in session is effective as an appointment until the end of 
the next session. If the nomination is not confirmed, the office shall be 
vacant and another selection and nomination shall be made. 
History: En. Sec. 9, Ch. 470, L, 1973. 

93-714. Term of appointment — election for unexpired term. A nom- 
inee confirmed by the senate serves until the next succeeding general 
election. The candidate elected at that election holds the office for the 
remainder of the unexpired term. 
History: En. Sec. 10, Ch. 470, L. 1973. 



115 



94-1401 ELECTION LAWS 



TITLE 94— CRIMES AND CRIMINAL PROCEDURE 



CHAPTER 14^ELECTI0N ERAUDS AND OFFENSES— CORRUPT 

PRACTICES ACT 

Section 

94-1401 to 94-1460. [Transferred.] 

94-1462 to 94-1476. [Transferred.] 

94-1401 to 94-1460. [Transferred.] 

Compiler's Notes Old Sec. Vol. 2, Pt. 2 

Section 29, Ch. 513, Laws of 1973, re- 94-1430 23-4730 

numbered these sections as sees. 23-4701 94-1431 23-4731 

to 23-4760. Supplementary materials re- 94-1436 23-4736 

lating to these sections may be found in 94-1460 23-4760 
the current supplement to Volume Two, 
Part 2, as follows: 

94-1462 to 94-1476. [Transferred.] 

Compiler's Notes 

Section 29, Ch. 513, Laws of 1973, re- 
numbered these sections as sees. 23-4761 
to 23-4775. 



116 



^ 

> 



READY-REFERENCE INDEX 



References are to Sections of Montana Code and 1972 Constitution 

Absentee voting requirements, 1972 Const., Art. IV, § 3 
Airports, tax levy for establishment by counties and cities, 1-804 
Alcoholic beverages 

hours for sale of beer or liquor, 4-303, 4-414 

local option, procedure when vote against sale of beer, 4-354 
Apportionment of legislative and congressional districts, 1972 Const., Art. V, § 14 

selection of reapportionment commission, procedure, 43-108 to 43-118 

Attorney general, election and qualifications, vacancy in office, 1972 Const., Art. VI, §§ 1 
to 3, 6; 59-203 

initiative or referred measures, summary of, 37-104.1 

Auditor, election and qualifications, vacancy in office, 1972 Const., Art. VI, §§ 1 to 3. 
6; 59-203 

Ballots 

constitutional convention question, 23-4802 

judicial offices, forms of ballots on retention of incumbent supreme court justices 

and district court judges, 23-4510.1, 23-4510.2 
order of listing offices and questions, 23-3513 
registrar's disposition of voted and unused ballots, 23-4007 
secret ballot required, 1972 Const., Art. IV, § 1; 23-2602 

Cities and towns 

bond issues, election requirements, 11-2301, 11-2306, 11-2307.1, 11-2404 

bus lines, operation of, 11-1019, 11-1021 

commission-manager form of government, election requirements and prohibitions, 

11-3207, 11-3214, 11-3215, 11-3229 
debt limit established by legislature, 1972 Const., Art. VIII, § 10 
fire districts in unincorporated territory, election and powers of trustees, 11-2010 
forms of government, 1972 Const., Art. XI, § 3 

voter review, 1972 Const., Art. XI, § 9 
incorporation, petition and census requirements, 11-203 
initiative and referendum, 1972 Const., Art. XI, § 8 
intergovernmental co-operation, 1972 Const., Art. XI, § 7 
local government study commissions, 16-5101 to 16-5115 
mayor, qualifications of, 11-710 
oath and bonds of officers, 11-719 

public works, indebtedness incurred for, election requirements, 11-966 
removal of nouelected officer, 11-721 

self-government charters and powers, 1972 Const., Art. XI, §§ 5, 6 
town officers, 11-703 
vacancies in offices, 11-719, 11-721 

Committeemen and committees, organization of committees, county convention, 23-3405 

Community college districts, trustees, election, oath of office, organization, 75-8107, 75- 
8113 

Conservancy districts 

definitions, 89-3403 

expenses of organizing election, reimbursement of county, 89-3411 
feasibility study and report, 89-3407 
hearing by department, 89-3406 

organization of district, procedure, filing of documents, 89-3408, 89-3410 
preliminary survey, petition, action by water board, 89-3404, 89-3405 
Constitution of Montana 

amendment by legislative referendum or initiative, 1972 Const., Art. XIV, §§ 8 
lo 11 

canvass of votes, 37-108 

eiigiuiiity of qualified electors to sign petitions, 37-109 

false signing of petitions, penalties, 37-109 

initiative petition, form and contents, time for filing, 37-202, 37-203 

printing on official ballot, 23-3513, 37-105 

provisions of Article III not applicable, 1972 Const., Art. Ill, § 8 

publication and printing, 1972 Const., Art. XIV, §9(2); 23-2802, 37-107 
constitutional convention, 1972 Const., Art. XIV, §§ 1 to 7 

initiative petition on question of calling, form and contents, time for filing, 
37-201, 37-202 

117 



READY-REFERENCE INDEX 

Constitution of Montana — Continued 

constitutional convention — Continued 

provisions of Article III not applicable, 1972 Const., Art. Ill, § 8 
question submitted at least every 20 years, ballot, 23-4801, 23-4802 
Transition Schedule, 1972 Const., pages 16, 17 in this Supplement 

Continuity of government in emergency, 1972 Const., Art. Ill, § 2 

Corrupt Practices Act (sees. 94-1401 et seq. transferred to sees. 23-4701 et seq.) 

accounts of expenditures bv committees and other persons, filing of statement. 
23-4731 

candidates' statement of expenditures, filing, penalty, 23-4730 

jurisdiction of proceedings relating to filing statements or setting aside elections, 
23-4760 

legislature to insure puritv of elections and guard against abuses, 1972 Const., 
Art. IV, § 3 

organizational statement of political committee, 23-4728.1 

records of filed statements, copies, 23-4736 
Counties 

boundary change, majority vote required, 1972 Const., Art. XI, § 2 

commissioner districts, 16-902.1 to 16-902.5 

creation by petition and election, 16-501, 16-504, 16-505, 16-506 

debt limit established by legislature, 1972 Const., Art. VIII, § 10 
election requirements, 16-807 

forms of county government, 1972 Const., Art. XI, §3; 16-5001 to 16-5017 
voter review, 1972 Const., Art. XI, § 9 

initiative and referendum, 1972 Const., Art. XI, § 8; 37-301 to 37-311 

intergovernmental co-operation, 1972 Const., Art. XI, § 7 

local government study commissions, 16-5101 to 16-5115 

officers, enumeration of elected or appointed officers, 16-2406 

printing contracts, duties of commissioners, 16-1230 

self-government charters and powers, 1972 Const., Art. XI, §§ 5, 6 

Counting and tallying of votes 

initiated and referred measures and questions, 37-108 
largest number of votes elects, 1972 Const., Art. IV, § 5 
primary elections, 23-3314 
registrar's disposition of voted and unused ballots, 23-4(>07 

County seats 

location, election provisions, 16-402, 16-412 

removal, election provisions, 1972 Const., Art. XI, § 2; 16-302, 16-305 

County water and sewer districts, election provisions, 16-4505 to 16-4508, 16-4520 
District courts, constitutional provisions on number of judges, terms, selection. t|ualifica- 
tions, and forfeiture of office, 1972 Const., Art. VII, §§ 6 to 10 
ballot on retention of incumbent judge, form, 23-4510.2 
judicial districts enumerated, 93-301 
number of judges, election and term of office, 93-302 
vacancies, 1972 Const., Art. VII, § 8 

nomination commission, creation, composition, 93-705 
senate confirmation of appointees, 93-713 
term of appointment, 93-714 

Drainage districts, taxpavers' approval of assessments on improvements, 89-2330.1, 8!!- 
2330.3 

Gambling prohibited unless authorized by legislature or bv people, 1972 Const., Art. Ill, 

§9 
Governor, constitutional requirements as to qualifications and election, 1972 Const., Art. 
VI, §§ 1 to 3 

campaign fund, 23-4901 to 23-4906 

election prescribed by constitution, 59-203 

succession to office on death, disqualification or absence, 1972 Const., Art. VI, 

§ 1* 
vacancv in office, 1972 Const., Art. VI, § 6 
Holidays, 19-107 

school holidays, 75-7406 
Hospital districts, "hospital facilities" defined, additional tax lew, election, 16-4301.1, 

16-4309.1, 16-4309.2 
Income tax deduction for political contribution, definitions, allowance of deduction, S4- 

4906.1, 84-4906.2 
Indejiendent candidates, certificates of nomination, 23-3318 

118 



READY-REFERENCE INDEX 

Initiative and referendum 

attorney general's summary, 37-104.1 

canvass of votes, 37-108 

certification and numbering of measures, 37-105 

constitutional revision, 1972 Const., Art. XIV; 37-201 to 37-203— See Constitution 

of Montana 
county initiative and referendum, 37-301 to 37-311 
elections on measures, general or special, 1972 Const., Art. Ill, § 6 
eligibility of qualified electors to sign petitions, 37-109 
false signing of petitions, penalties, 37-109 
governor's proclamation, publication, 37-104 
initiative petitions, form, 1972 Const., Art. Ill, § 4; 37-101 
local government units, 1972 Const., Art. XI, § 8 
notice of filing, duty of secretary of state, 37-104 

number of qualified electors, how determined, 1972 Const., Art. Ill, § 7 
order of placement of questions on ballot, 23-3513 
printing and distribution of measures, 37-107 
referendum, order by legislature or petition, form, 1972 Const., Art. Ill, §5; 

37-101 

secretary of state, statement of vote, 37-104.1 
reservation of powers by the people, 1972 Const., Art. V, § 1 
verification of signatures, 37-103 

Judges and clerks of elections, 23-3202 

Justices of the peace, election, qualifications, terms, forfeiture of oflSce, 1972 Const., Art. 

VII, §§ 5, 7, 10; 93-401, 93-405 
Legislature 

apportionment of legislative districts, 1972 Const., Art. V, § 14 

selection of reapportionment commission, procedure, 43-108 to 43-118 

election and terms of members, 1972 Const., Art. V, § 3 

number of members, 1972 Const., Art. V, § 2 

organization and procedure, 1972 Const., Art. V, § 10 

power and structure, 1972 Const., Art. V, § 1 

pre-session caucus, 43-218 

qualifications of candidates, 1972 Const., Art. V, § 4 

vacancies, how filled, 1972 Const., Art. V, § 7 

Library federation, 44-213 

Lieutenant governor, election and qualifications, vacancy in office, 1972 Const., Art. VI, 

§§ 1 to 3, 6; 59-203 
Local government study commissions, 16-5101 to 16-5115 
Nominations 

declining nomination, procedure, 23-3321 

independent candidates, certificates of nomination, 23-3318 
Oath of office, 1972 Const., Art. Ill, § 3 
Political parties 

committee organization, county convention, 23-3405 

corrupt practices — See Corrupt practices 

gubernatorial campaign fund, 23-4901 to 23-4906 

income tax deduction for political contribution, definitions, allowance of, 84-4906.1, 
84-4906.2 

organizational statement of political committee, 23-4728.1 

Polling place for precinct, designation of, 23-3103 

Precinct register, preparation by registrar, delivery, 23-3012 

printing and posting list of voters, 23-3023 
Precincts, establishment, change of boundaries, 23-3101 
Presidential primary, 23-3322 to 23-3328 
Primary elections 

abstracts of votes, 23-3313, 23-3314 

ballots, form and arrangement, voting, 23-3308 

declaration of nomination, filing, fees, 23-3304 

declining nomination, procedure, 23-3321 

presidential primary, 23-3322 to 23-3328 

write-in candidate, acceptance of nomination, 23-3304 
Public service commission, creation, districts, 70-101, 70-101.1 
Qualifications and privileges of voters 

arrest, privilege from during elections, exceptions, 1972 Const., Art. IV, § 3 

constitutional requirements, 1972 Const., Art. IV, § 2 
statutory enumeration of qualifications, 23-2701 

119 



READY-REFERENCE INDEX 

Qualifications and privileges of voters — Continued 

felons prohibited from voting while serving sentence, 1972 Const., Art. IV, §2: 
23-2701(2) 

governor's power to restore citizenship, 1972 Const., Art. VI, § 12 
restoration of rights on termination of sentence, 1972 Const., Art. II, § 28 
mentally ill persons prohibited from voting, 1972 Const., Art. IV, §2; 23-2701(3) 
school elections, 75-6410 

self-government, right to, 1972 Const., Art. II, § 2 
suffrage, right of, 1972 Const., Art. II, § 13 
Qualifications for office 

age and citizenship requirements, 59-301 

commission-manager form of government, qualifications of commissioners, 11-3214 
constitutional requirements, 1972 Const., Art. IV, § 4 
judicial offices, 1972 Const., Art. VII, § 9 
legislature, candidate for, 1972 Const., Art. V, § 4 
state executive officers, 1972 Const., Art. VI, § 3 
mayor, qualifications of, 11-710 
public service commissioners, 70-101 
Reapportionment of legislative and congressional districts, 1972 Const., Art. V, § 14 

selection of commission, procedure, 43-108 to 43-118 
Registration, requirement for, 1972 Const., Art. IV, § 3; 23-2701(1) 
cancellation of registry 

deceased electors, 23-3030 
failure to vote, 23-3013 
deputy registrars, 23-3003 
highway patrol to submit new-voter lists to political parties, 23-3001 

hours of registration, 23-3005 
numbering registration cards, 23-3005 

poll booth registration authorized, 1972 Const., Art. IV, § 3 
precinct register and lists, preparation by registrar, 23-3012 
Residence requirements, 1972 Const., Art. IV, § 3; 23-2701(1) 
School districts and trustees 

annexation of districts, elementary districts, 75-6508, 75-6509 

bond issues of district, notice of election by separate purpose, 75-7116 

boundary adjustments in elementary districts, resolution, review, 75-6516.1, 75- 

6516.2 
consolidation election, elementary districts, 75-6509 
constitutional provision for supervision of schools by trustees elected as provided 

by law, 1972 Const., Art. X, § 8 
election of trustees 

annual election, 75-5912 
ballots, conduct of election, 75-5915 

nomination of candidates in first class elementary district, 75-5914.1 
new districts, limitations for creation of elementary district, 75-6517 
number of trustee positions, additional positions in high school districts, 75-5903 
oath of office, 75-5916 

tax levies, additional levy approved by electors for special purposes, 75-6923 
School elections 

challenge of electors, 75-6412 

date of regular school election day, special elections, 75-6404 
qualifications of electors, 75-6410 
trustees' election duties, 75-5933 
School holidays, 75-7406 

School property, sale or disposition of abandoned or unsuitable real or personal prop- 
erty, 75-8205 
School superintendents 

county superintendent, election and qualifications, 75-5802 

superintendent of public instruction, constitutional requirements as to qualifica- 
tions and election, 1972 Const., Art. VI, §§ 1 to 3 
election and qualifications, 75-5702 
election prescribed by constitution, 59-203 
vacancy in office, 1972 Const., Art. VI, § 6 
Secretary of state, election and qualifications, vacancy in office, 1972 Const., Art. VI, 

§§ 1 to 3, 6; 59-203 
State debt, vote required for creation of, 1972 Const., Art. VIII, § 8 
Supreme court 

ballot on retention of incumbent justice, form, 23-4510.1 
clerk, election and term of office, 82-501 

120 



READY-REFERENCE INDEX 

Supreme court — Continued 

constitutional provisions as to members, terms, selection, qualifications, and for- 
feiture of office, 1972 Const., Art. VII, §§ 3, 7 to 10 
number of justices, election and term of office, 93-201 
vacancies, 1972 Const., Art. VII, § 8 

nomination commission, creation, composition, 93-705 
senate confirmation of appointees, 93-713 
term of appointment, 93-714 

Taxation 

gubernatorial campaign fund, 23-4901 to 23-4906 

income tax, political contributions, definitions, allowance of deduction, 84-4906.1, 
84-4906u2 
Township officers, 16-2404, 16-2406 



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S/3M.VS2e/l^'74 supp. 
Montana. Laws, Statues, etc. 
Election laws of the State of 
Montana. 1974. supplement. 



STATF 



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MONT.