5
ELECTION LAWS
OF THE
STATE OF MONTANA
1975 SUPPLEMENT
TO THE 1970 EDITION
Containing
SELECTED PROVISIONS OF THE 1972 CONSTITUTION OF
MONTANA AND AMENDMENTS TO ACTS AND NEW
LAWS ENACTED SINCE PUBLICATION OF THE
1970 EDITION OF ELECTION LAWS OF
THE STATE OF MONTANA
Compiled by
Frank Murray, Secretary of State
Helena, Montana
Published by Authority
Montana State Library
3 0864 1004 2465 7
ELECTION LAWS
OF THE
STATE OF MONTANA
1975 SUPPLEMENT
TO THE 1970 EDITION
Containing
SELECTED PROVISIONS OF THE 1972 CONSTITUTION OF
MONTANA AND AMENDMENTS TO ACTS AND NEW
LAWS ENACTED SINCE PUBLICATION OF THE
1970 EDITION OF ELECTION LAWS OF
THE STATE OF MONTANA
Compiled by
Frank Murray, Secretary of State
Helena, Montana
Published by Authority
>27
Copyright © 1971, 1973, 1974
The Allen Smith Company
Indianapolis, Indiana
Copyright © 1975
The Allen Smith Company
Indianapolis, Indiana
Publishers of the
REVISED CODES OF MONTANA, 1947
TABLE OF CONTENTS
Title Page
Constitution of United States 1
1972 Constitution of Montana 2
R.C.M.
1. Aeronautics 21
4. Alcoholic Beverages 23
9. Cemeteries 25
11. Cities and Towns 26
16. Counties 48
19. Definitions and General Provisions 99
23. Elections 101
26. Fish and Game 177
37. Initiative and Referendum 177
43. Legislature and Enactment of Laws 190
44. Libraries 193
59. Offices and Officers 194
70. Public Utilities 195
75. Schools 196
82. State Officers, Boards and Departments 248
84. Taxation 248
89. Waters and Irrigation 249
93. Civil Procedure 253
Ready-Reference Index 259
AMENDMENTS TO THE CONSTITUTION OF
THE UNITED STATES
AMENDMENT 26
1. The right of citizens of the United States, who are eighteen years of
age or older, to vote shall not be denied or abridged by the United States
or by any State on account of age.
2. The Congress shall have the power to enforce this article by appro-
priate legislation.
The twenty-sixth amendment was submitted by Congress on January 21, 1971,
declared in force July 5, 1971.
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 effect 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 the Speaker
of the House of Representatives of the Congress of the United States."
THE
CONSTITUTION
OP 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, f orm of government,
sec. 2], Gives Montanans the right to
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 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 pro-
vided by law by a 2/ 3 vote of each house of the legislature.
Compiler's Notes
Amendment proposed by Senate Joint
Resolution No. 64, Laws 1974, adopted at
the general election of November 5, 1974,
effective July 1, 1975. The amendment
added the exception and deleted a second
sentence which read: "This provision shall
apply only to causes of action arising
after July 1, 1973."
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.
CONSTITUTION OF MONTANA Art. Ill, § 5
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
provisions of the constitution. They shall be effective only during the
period of emergency that affects a particular office 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.
Art. Ill, § 6 CONSTITUTION OF MONTANA
(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 election, the result of
which has been determined and declared as provided by law.
Convention Notes 1/3 of the legislative districts instead of
Revises 1889 constitution [Art. V, sec. 8% of the electors in 2/5 of the counties.
1] by allowing people to vote on any (1889 Constitution does not allow referen-
act of the legislature except appropria- dums on laws "necessary for the immedi-
tions and by requiring referendum peti- ate preservation of the public peace,
tions to be signed by 5% of the electors in 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."
CONSTITUTION OF MONTANA Art. V, § 1
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 felon 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
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
Eevises 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 qualified 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 ing 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.
Art. V, § 2
CONSTITUTION OF MONTANA
Compiler's Notes
Section 2 of the Transition Schedule
provides that this section shall not be-
come effective until the date the first
redisricting and reapportionment plan
becomes law.
A separately submitted proposition con-
cerning a unicameral legislature, was not
adopted by the electorate.
Convention Notes
No change except in grammar [Art. V,
sec. 1].
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.
Compiler's Notes
Section 2 of the Transition Schedule
provides that this section shall not be-
come effective until the date the first
redisricting and reapportionment plan be-
comes law.
Convention Notes
New provision for determining size of
legislature.
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.
in which the first redistricting and re-
apportionment plan becomes law.
"(2) The senators first elected under
this Constitution shall draw lots to estab-
lish a term of two years for one-half of
their number."
Compiler's Notes
Section 2 of the Transition Schedule
provides that this section shall not become
effective until the date the first redistrict-
ing and reapportionment plan becomes
law.
Section 5 of the Transition Schedule
provides:
"(1) The terms of all legislators elected
before the effective date of this Constitu-
tion shall end on December 31 of the year
Convention Notes
Revises 1889 constitution [Art. V, sec.
2] by adding requirement for staggered
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 6. Sessions. The legislature shall meet each odd-numbered
year in regular session of not more than 90 legislative days. Any legislature
may increase the limit on the length of any subsequent session. The legis-
lature may be convened in special sessions by the governor or at the writ-
ten request of a majority of the members.
Compiler's Notes
Amendment proposed by Initiative Pe-
tition, adopted at the general election of
November 5, 1974, effective December 31,
1974. The amendment deleted two sen-
tences at the beginning of the section
which read: "The legislature shall be a
continuous body for two-year periods be-
ginning when newly elected members take
office. Any business, bill, or resolution
pending at adjournment of a session shall
carry over with the same status to any
other session of the legislature during the
biennium." and rewrote the first sentence
which read: "The legislature shall meet at
least once a year in regular session of not
more than 60 legislative days."
6
CONSTITUTION OF MONTANA Art. V, § 14
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 i ng 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.
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) Be- to 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 officials, 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 fifth 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.
Art. VI, § 1 CONSTITUTION OF MONTANA
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-
apportionment plan after each U.S. census.
Convention Notes [ See jggo, 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.
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- us 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.
8
CONSTITUTION OF MONTANA Art. VI, § 14
Convention Notes state unchanged. New requirements that
Eevises 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- tendent 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 office. (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.
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
shall 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
9
Art. VII, § 3 CONSTITUTION OF MONTANA
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 period during which he serves.
Convention Notes era l think the governor is unable to per-
New 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-
ARTICLE VII
THE JUDICIARY
Section 3. Supreme court organization. (1) The supreme court con-
sists of one chief justice and four justices, but 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. VIII,
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.
10
CONSTITUTION OF MONTANA Art. VII, § 8
(3) The legislature may provide for additional justices of the peace
in each county.
Convention Notes 1889 constitution [Art. VIII, sec. 21] to
(1) Revises 1889 constitution [Art. types of cases which may not be handled
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. VIII,
salaries. Provision for "dignified surround- sec. 20].
ings" is new. (2) Deletes references in
Section 6. Judicial districts. (1) The legislature shall 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 office 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 8 ion allowing the chief justice temporarily
(1) (2) No change except in grammar to assign judges to districts other than
[Art. VllI, 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.
(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 Convention Notes
Section 4 of the Transition Schedule (1) No change except in grammar [Art.
provides: "Supreme court justices, district Vlll, sec. 29]. (2) Supreme Court justice
court judges, and justices of the peace terms increased from six to eight years,
holding office when this Constitution be- district court judges from four to six
comes effective shall serve the terms for and justices of the peace from two to four
which they were elected or appointed." years [Art. VUI, 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 ballot. If there is no election
11
Art. VII, § 9
CONSTITUTION OF MONTANA
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
Revises 1889 constitution [Art. VIII,
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 parly.
(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
(1) Revises 1889 constitution [Art.
VJJ.1, sees. 10, 16] by making residency
requirements for candidates for district
court judgeship the same as for supreme
court and by deleting age requirements.
Requirement for five years of law practice
new. (2) Revises 1889 constitution [Art.
VTII, sec. 30] by specifically allowing
travel expense. (3) Only change [Art.
VIII, sec. 35] specifically prohibits a
judge from holding office in a political
party. (4) No change except in grammar
[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 office
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-
12
CONSTITUTION OF MONTANA
Art. X, § 8
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 sta te debt with provision that only a
Revises 1889 constitution [Art. XIII, 2/3 vote of the legislature or majority
sec. 2] by replacing obsolete $100,000 limit vote at an election may create state debt.
Section 10. Local government debt. The legislature shall by law
limit debts of counties, cities, towns, and all other local governmental
entities.
Convention Notes governmental entities will be set by law
Eevises 1889 constitution [Art. XIII, rather than by the constitution,
sees. 5, 6]. Debt limitations for all local
ARTICLE IX— ENVIRONMENT AND NATURAL RESOURCES
Section 2. Reclamation. (1) All lands disturbed by the taking of
natural resources shall be reclaimed. The legislature shall provide effec-
tive requirements and standards for the reclamation of lands disturbed.
(2) The legislature shall provide for a fund, to be known as the re-
source indemnity 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 purpose.
(3) The principal of the resource indemnity trust shall forever re-
main inviolate in an amount of one hundred million dollars ($100,000,000),
guaranteed by the state against loss or diversion.
Compiler's Notes 1, 1975. The amendment inserted subsec-
Amendment proposed by Chapter 117, tion designation "(1)" and added the pro-
Laws 1974, adopted at the general elec- visions of subsections (2) and (3).
tion of November 5, 1974, effective July
[Section 5. Severance tax on coal — trust fund.]
Proposed New Section.
Chapter 499, Laws of 1975, proposes a
new section to be added to Article IX of
the Constitution as follows:
"Section 1. Article IX of the Montana
constitution is amended by adding a new
section 5 that reads as follows:
"Section 5. Severance tax on coal —
trust fund. The legislature shall dedicate
not less than one-fourth (*4) of the coal
severance tax to a trust fund, the interest
and income from which may be appro-
priated. The principal of the trust shall
forever remain inviolate unless appropri-
ated by vote of three-fourths {%) of the
members of each house of the legislature.
After December 31, 1979, at least fifty
percent (50%) of the severance tax shall
be dedicated to the trust fund.
"Section 2. When this amendment is
submitted to the qualified electors of Mon-
tana, there shall be printed on the ballot
the full title and section 1 of this act and
the following words:
'□ For a permanent trust fund from
coal taxes.
'□ Against a permanent trust fund from
coal taxes.' "
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.
13
Art. XI, § 2 CONSTITUTION OF MONTANA
Convention Notes XI, sec. 10] that elections for school dis-
New provision which guarantees con- triet officers must be separate from state
trol of schools to local boards. Deletes and county elections.
requirement in 1889 constitution fArt.
ARTICLE XI
LOCAL GOVERNMENT
Section 2. Counties. The counties of the state are those that exist on
the date of ratification of this constitution. No county boundary may be
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 ma-
Revises 1889 constitution [Art. XVI, jority of qualified electors. [See also 1889
sec. 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.
14
CONSTITUTION OF MONTANA Art. XI, § 9
(3) Charter provisions establishing executive, legislative, and adminis-
trative structure and organization are superior to statutory provisions.
Convention Notes eminent (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.
Convention Notes and to have all powers not specifically
New provision allowing local govern- denied. At present local governments have
ment units to share powers with the state onl y those 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 officer 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 with 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
15
Art. XIV, § 1 CONSTITUTION OF MONTANA
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 that 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-
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
Revises 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- ou 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
16
CONSTITUTION OF MONTANA Art. XIV, § 9
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. 8].
Section 7. Convention duties. The convention shall meet after the
election of the delegates and prepare such revisions, alterations, or amend-
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
Revises 1889 constitution [Art. XIX, of total membership rather than two-thirds
sec. 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.
17
Art. XIV, § 10 CONSTITUTION OF MONTANA
(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.
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, sec. 9].
TRANSITION SCHEDULE
The following provisions shall remain part of this Constitution until
their terms have been executed. Once each year the attorney general shall
review the following provisions and certify 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.
By letter of December 4, 1974^^6 attorney general certified to the sec-
retary of state that the following provisions of the Transition Schedule have
been fully executed:
Section 1. Accelerated effective date.
Section 6 (SESSIONS) of Article V, Constitution of Montana (1972), has been
fully executed. However, a proposed amendment to Section 6, Article V, was sub-
mitted to the electorate during the general election held on November 5, 1974, which
18
CONSTITUTION — TRANSITION SCHEDULE § 6
received a majority vote in favor of its adoption. The passage of this amendment
will return the Montana legislature to biennial sessions.
Section 14 (DISTRICTING AND APPORTIONMENT) of Article V, Constitution
of Montana (1972), has also been fully executed. The reapportionment commission
referred to in Section 14 filed its plan with the Secretary of State on February 27,
1974, after receiving recommendations from both houses of the legislature.
Section 2. Delayed effective date.
The first redisricting and reapportionment plan was filed with the Secretary of
State on February 27, 1974, and pursuant to Section 43-117, Revised Codes of Montana
1947, became law as of that date. Therefore, the provisions of Sections 1, 2 and 3,
Article V, Constitution of Montana (1972), are now in effect.
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 dors no t create any rights for past
Any new rights created in Article II events,
take effect only after July 1, 1973. It
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 tlic proposed constitution clianges judges may serve to the end of the term
the length of terms of office of judges 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 year in which the first redisricting 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 this 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-
19
§ 6 CONSTITUTION — TRANSITION SCHEDULE
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 law it will not affect any serve out their present terms.
20
TITLE 1— AERONAUTICS
CHAPTER 8— ESTABLISHMENT OF AIRPORTS BY COUNTIES
AND CITIES— MUNICIPAL AIRPORTS ACT
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.
21
1-917 ELECTION LAWS
CHAPTEE 9— MUNICIPAL AND EEGIONAL AIRPORT AUTHORITIES
1-917. County tax levy for airport purposes. In counties supporting
airports or airport authorities, a levy, as provided for in section 1-804,
R.C.M. 1947, may be made for such purposes.
History: En. 1-917 by Sec. 16, Ch. 433,
L. 1971.
22
TITLE 4— ALCOHOLIC BEVERAGES
CHAPTER 1— STATE LIQUOR CONTROL ACT OF MONTANA-
LICENSING— SALE OF ALCOHOLIC BEVERAGES BY
STATE LIQUOR STORES
4-142 to 4-149. (2815.96 to 2815.103) Repealed.
Repeal
Sections 4-142 to 4-149 (Sees. 37 to 44, elections, were repealed by Sec. 121, Ch.
Ch. 105, L. 1933) relating to local option 387, Laws 1975.
CHAPTER 3— MONTANA BEER ACT— LICENSING SALE OF BEER
UNDER SUPERVISION OF STATE LIQUOR CONTROL BOARD
4-303. [Transferred.]
Compiler s Notes amended and renumbered this section as
Section 46, Ch. 387, Laws of 1975, sec. 4-3-304.
4-350 to 4-356. (2815.53 to 2815.59) Repealed.
Repeal relating to local option elections on sale
Sections 4-350 to 4-356 (Sees. 50 to 56, of beer, were repealed by Sec. 121, Ch.
Ch. 106, L. 1933; Sec. 1, Ch. 391, L. 1973), 387, Laws 1975.
4-3-304. Closing hours for licensed retail establishments. Hereafter
all licensed establishments wherein alcoholic beverages are sold, offered
for sale or given away at retail shall be closed during the following hours :
(a) On any day between two a.m. and eight a.m. ; provided, however,
that when any municipal incorporation has by ordinance further re-
stricted the hours of sale of alcoholic beverages, then the sale of alcoholic
beverages is prohibited within the limits of any such city or town during
the time such sale is prohibited by this code and in addition thereto dur-
ing the hours that it is prohibited by such ordinance. During such hours
all persons except the owner and employees of such licensed establishments
shall be excluded therefrom except as provided in section 4-3-305.
History: En. Sec. 1, Ch. 161, L. 1943; 1, Ch. 242, L. 1973; Sec. 4-303, R. C. M.
amd. Sec. 1, Ch. 162, L. 1959; amd. Sec. 1947; amd. and redes. 4-3-304 by Sec. 46,
Ch. 387, L. 1975.
CHAPTER 4— MONTANA RETAIL LIQUOR LICENSE ACT— SALES BY
LICENSEES OF BOARD
4-414. Repealed.
Repeal
Section 4-414 (Se<
Sec. 2, Ch. 162, L. 1959; Sec. 1, Ch. 296, Laws 1975.
Re P eal L. 1973), relating to hours for sale of
Section 4-414 (Sec. 12, Ch. 84, L. 1937; liquor, was repealed by Sec. 121, Ch. 387,
23
4-431 ELECTION LAWS
4-431 to 4-437. Repealed.
Repeal elections on sale of alcoholic beverages,
Sections 4-431 to 4-437 (Sees. 30 to 36, were repealed by Sec. 121, Ch. 387, Laws
Ch. 84, L. 1937), relating to local option 1975.
24
TITLE 9— CEMETERIES
CHAPTER 2— PUBLIC CEMETERY DISTRICT ACT
9-207. Government of district — appointment and terms of trustees.
Said cemetery district shall be governed and managed by three (3) trus-
tees, appointed by the board of county commissioners. The trustees
may be appointed from the freeholders residing within said district for
terms of one (1), two (2) and three (3) years respectively, and until their
successors shall be appointed and qualified. Annually thereafter the board
of county commissioners shall appoint one trustee for a term of three
(3) years or until his successor shall be appointed and qualified. The
trustees at their first meeting shall adopt bylaws for the government and
management of the district. Per diem and mileage of such cemetery trus-
tees may be set by resolution of the board of county commissioners.
History: En. Sec. 7, Oh. 221, L. 1943;
amd. Sec. 7, Ch. 16, L. 1945; amd. Sec.
1, Ch. 7, L. 1975.
25
TITLE 11— CITIES AND TOWNS
CHAPTER 2— CLASSIFICATION AND ORGANIZATION
OF CITIES AND TOWNS
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 who 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 office of the county clerk. Upon filing the petition, the board of
county commissioners, at its next regular or special meeting, must appoint
some suitable person to take a 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, 5th. Div. Comp. 1, Ch. 56, I*. 1909; re-en. Sec. 4961, R.
Stat. 1887; re-en. Sec. 4720, Pol. C. 1895; C. M. 1921; amd. Sec. 1, Ch. 86, L. 1973;
re-en. Sec. 3208, Rev. C. 1907; amd. Sec. amd. Sec. 1, Ch. 5l5, L. 1973.
CHAPTER 7— OFFICERS AND ELECTIONS
11-702. (4996) Officers of city of second and third classes. The offi-
cers of a city of the second and third classes consist of one mayor, two
aldermen from each ward, one police judge, one city treasurer, who may be
ex officio tax collector, who must be elected by the qualified electors of the
city as hereinafter provided. There may also be appointed by the mayor,
with the advice and consent of the council, one city clerk, who is ex officio
city assessor, one chief of police, one city attorney, and any other officer
necessary to carry out the provisions of this title. The city council may
prescribe the duties of all city officers, and fix their compensation, subject
to the limitations contained in this title. A third class city may retain the
county attorney to provide legal services for the city in cases not involv-
ing a conflict between the interests of the city and the county either by an
26
CITIES AND TOWNS 11-710
interlocal co-operation agreement or by mutual consent by the governing
bodies of the city and county.
History: En. Sec. 4741, Pol. C. 1895; re-
en. Sec. 3217, Rev. C. 1907; re-en. Sec.
4996, R. C. M. 1921; amd. Sec. 1, Ch. 24,
L. 1975.
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.
11-709. (5003) Biennial elections in cities and towns — terms of office.
On the first Tuesday of April of every second year a municipal election
must be held, at which the qualified electors of each town or city must
elect the officers of the city as defined in section 11-701 whose terms of
office will expire, with aldermen to be voted for by the wards they re-
spectively represent ; the mayor to hold office for a term of four (4) years,
and until the qualification of his successor; and each alderman so elected
to hold office for a term of four (4) years, and until the qualification of
his successor; and also in cities of the first, second and third class, a
police judge and a city treasurer, who shall hold office for a term of four
(4) years, and until the qualification of their successors; provided, how-
ever, that in the election to be held the first Tuesday of April, 1973, one
alderman from each ward will be elected for a term of two (2) years and
one alderman from each ward will be elected for a term of four (4) years,
and in the next succeeding election and thereafter, one alderman from
each ward will be elected for a four (4) year term. The city council shall
by resolution determine which office of alderman in each ward shall be for
a term of two (2) years and which for four (4) years at the election to be
held on the first Tuesday of April, 1973.
History: Ap. p. Sec. 4, p. 122, L. 1893; M. 1921; amd. Sec. 1, Ch. 60, L. 1935;
amd. Sec. 4748, Pol. C. 1895; re-en. Sec. amd. Sec. 1, Ch. 193, L. 1971; amd. Sec.
3224, Rev. C. 1907; re-en. Sec. 5003, R. C. 1, Ch. 343, L. 1971.
11-710. (5004) Qualification of mayor. No person shall be eligible
to the office 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.
27
11-716 ELECTION LAWS
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, Oh. 177, L. 1974.
3225, Rev. 0. 1907; re-en. Sec. 5004, R.
11-716. (5010) Repealed.
Repeal dency requirements for electors, was re-
Section 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 may be by the council
declared vacant ; or if any officer removes from the city or town, or any
alderman from his Avard, 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.
11-721.1. Recall of elective officers. (1) The holder of any elective
office under a mayor-council form of municipal government may be re-
moved at any time by the electors qualified to vote. The procedure to ef-
fect the removal of an incumbent of an elective office shall be as follows:
A petition signed by twenty-five per cent (25%) of all qualified electors
registered for the last preceding general municipal election, demanding
an election for recall of the person sought to be recalled, shall be filed with
the city clerk, which petition shall contain a general statement of the
grounds for which the removal is sought. The signatures to the petition
need not be appended to one paper, but each signer shall add to his signa-
ture his place of residence, giving the street and number. One of the
signers of such paper shall make oath before an officer competent to
administer oaths that the statements therein are true as he believes, and
28
CITIES AND TOWNS 11-966
that each signature to the paper appended is the genuine signature of the
person whose name it purports to be.
(2) Within ten (10) days from the date of filing such petition the city
clerk shall examine, and from the voters' register ascertain whether or
not said petition is signed by the requisite number of qualified electors,
and, if necessary, the council shall allow him extra help for that purpose ;
and he shall attach to said petition his certificate, showing the result of
said examination. If, by the clerk's certificate, the petition is shown to be
insufficient, it may be amended within ten (10) days from the date of
said certificate. The clerk shall, within ten (10) days after such amend-
ment, make like examination of the amended petition, and if his certificate
shall show the same to be insufficient, it shall be returned to the person
filing the same ; without prejudice, however, to the filing of a new petition
to the same effect. If the petition shall be deemed to be sufficient, the
clerk shall submit the same to the council without delay. If the petition
shall be found to be sufficient, the council shall order and fix a date for
holding said election, not less than seventy (70) days nor more than eighty
(80) days from the date of the clerk's certificate to the council that a
sufficient petition is filed.
(3) The council shall make, or cause to be made, publication of notice
and all arrangements for holding such election, and the same shall be
conducted, returned, and the result thereof declared, in all respects as are
other elections.
(4) Any vacancy created as a result of such recall election shall be
filled as prescribed in section 11-721, R.C.M. 1947.
History: En. Sec. 1, Ch. 329, L. 1971. tive officers of cities and towns under a
mayor-council form of government.
x i tie ox Act
An act to provide for removal of elec-
CHAPTER 9— POWERS OF CITY AND TOWN COUNCILS
11-966. (5039.63) Purposes for which indebtedness may be incurred —
limitation — additional indebtedness for sewer or water system — procuring
water supply and system — jurisdiction of public works appurtenances. The
city or town council has power: (1) To contract an indebtedness on behalf
of a city or town, upon the credit thereof, by borrowing money or issuing
bonds for the following purposes, to wit: Erection of public buildings, 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-
29
11-1019 ELECTION LAWS
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 money
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 (109£)
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 have 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, Ii. 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."]
11-1021.
[Section 21, Ch. 315, Laws 1974, substituted "public service commission"
in this section for "Montana railroad and public service commission."]
CHAPTER 12— CONTRACTS AND FRANCHISES
11-1202. (5070) Awarding contracts — advertisements — limitations — in-
stallments — sales of supplies — construction of buildings — purchases from
government ag-encies — exemptions. All contracts for the purchase of any
automobile, truck, or other vehicle or road machinery, or for any other
machinery, apparatus, appliances, or equipment, or for any materials or
supplies of any kind, or for construction for which must be paid a sum
exceeding four thousand dollars ($4,000), must be let to the lowest re-
sponsible bidder after advertisement for bids ; provided that no contract
shall be let extending over a period of five (5) years or more without
first submitting the question to a vote of the taxpaying electors of said
city or town. Such advertisement shall be made in the official newspaper of
the city or town, if there be such official newspaper, and if not it shall
be made in a daily newspaper of general circulation published in the
city or town, if there be such, otherwise by posting in three (3) of the
30
CITIES AND TOWNS 11-1202
most public places in the city or town. Such advertisement if by publi-
cation in a newspaper shall be made once each week for two consecutive
weeks and the second publication shall be made not less than five (5) days
nor more than twelve (12) days before the consideration of bids. If such
advertisement is made by posting, fifteen (15) days must elapse, including
the day of posting, between the time of the posting of such advertisement
and the day set for considering bids. The council may postpone action
as to any such contract until the next regular meeting after bids are re-
ceived in response to such advertisement, may reject any and all bids
and readvertise as herein provided. The provisions of this section as to ad-
vertisement for bids shall not apply upon the happening of any emergency
caused by fire, flood, explosion, storm, earthquake, riot or insurrection, or
any other similar emergency, but in such case the council may proceed
in any manner which, in the judgment of three-fourths (%) of the mem-
bers of the council present at the meeting, duly recorded in the minutes
of the proceedings of the council by aye and nay vote, will best meet the
emergency and serve the public interest. Such emergency shall be de-
clared and recorded at length in the minutes of the proceedings of the
council at the time the vote thereon is taken and recorded.
When the amount to be paid under any such contract shall exceed
four thousand dollars ($4,000) the council may provide for the payment
of such an amount in installments extending over a period of not more
than five (5) years; provided that when such amount is extended over a
term of two (2) years at least forty per centum (40%) thereof shall be
paid the first year and the remainder the second year, and when such
amount is extended over a term of three (3) years, at least one-third ('/^)
thereof shall be paid each year, and if such amount is extended over a
term of four (4) years, at least one-fourth (V4) is to be paid each year,
and if such amount is extended over a term of five (5) years, at least one-
fifth (1/5) is to be paid each year; provided that at the time of entering
into such contract, there shall be an unexpended balance of appropriation
in the budget for the then current fiscal year available and sufficient to
meet and take care of such portion of the contract price as is payable dur-
ing the then current fiscal year, and the budget for each following year, in
which any portion of such purchase price is to be paid, shall contain an
appropriation for the purpose of paying the same.
Old supplies or equipment may be sold by the city or town to the
highest responsible bidder, after calling for bid purchasers as herein set
forth for bid sellers, and such city or town may trade in supplies or old
equipment on new supplies or equipment at such bid price as will result
in the lowest net price.
Also a city or town may, without bid, when there are sufficient funds
in the budget for supplies or equipment, purchase such supplies or equip-
ment from government agencies available to cities or towns when the same
can be purchased by such city or town at a substantial saving to such city
or town.
History: En. Sec. 1, Ch. 48, L. 1907; 153, L. 1947; amd. Sec. 1, Ch. 139, L.
Sec. 3278, Rev. C. 1907; re-en. Sec. 5070, 1949; amd. Sec. 1, Ch. 220, L. 1959; amd.
R. C. M. 1921; amd. Sec. 1, Ch. 22, L. Sec. 1, Ch. 26, L. 1963; amd. Sec. 1, Ch.
1927; amd. Sec. 1, Ch. 18, L. 1939; amd. 121, L. 1969; amd. Sec. 1, Ch. 371, L.
Sec. 1, Ch. 59, L. 1941; amd. Sec. 1, Ch. 1971.
31
11-2010 ELECTION LAWS
CHAPTER 20— FIRE PROTECTION IN UNINCORPORATED TOWNS-
FIRE WARDENS, COMPANIES AND DISTRICTS
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 moneys 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, Ch. 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 22— SPECIAL IMPROVEMENT DISTRICTS
11-2217. Cities and towns may establish sewage treatment and dis-
posal plant systems and water supply and distribution systems. Any city
or town may when authorized so to do by a majority vote of the quali-
fied electors voting on the question establish, build, construct, reconstruct
and/or extend a storm and/or sanitary sewerage system and/or a plant or
plants for treatment or disposal of sewage therefrom, or a water supply
and/or distribution system, or any combinations of such systems, and may
operate and maintain such facilities for public use, and in addition to all
other powers granted to it, such municipality shall have authority, by
ordinance duly adopted by the governing body to charge just and equit-
able rates, charges or rentals for the services and benefits directly or
indirectly furnished thereby. Such rates, charges or rentals shall be as
nearly as possible equitable in proportion to the services and benefits
32
CITIES AND TOWNS 11-2218
rendered, and sewer charges may take into consideration the quantity
of sewage produced and its concentration and water pollution qualities
in general and the cost of disposal of sewage and storm waters. The
sewer charges may be fixed on the basis of water consumption or any
other equitable basis the governing body may deem appropriate and, if
the governing body determines that the sewage treatment and/or storm
water disposal prevents pollution of sources of water supply, may be
established as a surcharge on the water bills of water consumers or on
any other equitable basis of measuring the use and benefits of such facilities
and services. In the event of nonpayment of charges for either water
or sewer service and benefits to any premises, the governing body may
direct the supply of water to such premises to be discontinued until
such charges are paid.
In this act "qualified electors" shall mean registered electors of the
municipality. The question of building, constructing, reconstructing or
extending the system, plant or plants and the question of issuing and
selling revenue bonds for such purpose may be submitted as a single
proposition or as separate propositions. Any election under this act may
be called by a resolution of the governing body which it may adopt without
being previously petitioned to do so.
History: En. Sec. 1, Ch. 149, L. 1943;
amd. Sec. 1, Ch. 100, L. 1947; amd. Sec.
1, Ch. 98, L. 1955; amd. Sec. 7, Ch. 158,
L. 1971.
11-2218. May issue revenue bonds — sinking fund — refunding revenue
bonds. (1) Any such municipality may issue, and sell negotiable revenue
bonds for the construction of any such water or sewer system or combined
water and sewer system when authorized so to do by a majority vote of
the qualified electors voting on the question at an election called by the
city council or other governing body of the municipality for that purpose,
and noticed and conducted in accordance with the provisions of sections
11-2308 to 11-2310, inclusive; and all bonds shall mature within forty
(40) years from date of bonds, and may be registered as to ownership
of principal only with the treasurer of said municipality, if so directed
by the governing body. No bonds shall be sold for less than par, and
each of said bonds shall state plainly on its face that it is payable only
from a sinking fund, naming said fund and the ordinance and resolution
creating it, and that it does not create an indebtedness within the meaning
of any charter, statutory or constitutional limitation upon the incurring of
indebtedness.
(2) to (8) * * * [Same as parent volume.]
(9) In any case where refunding bonds are issued and sold six
(6) months or more before the earliest date on which all bonds refunded
thereby mature or are prepayable in accordance with their terms, the
proceeds of the refunding bonds, including any premium and accrued
interest, shall be deposited in escrow with a suitable bank or trust
company, having its principal place of business within or without the
state, which is a member of the federal reserve system and has a com-
bined capital and surplus not less than one million dollars ($1,000,000),
and shall be invested in such amount and in securities maturing on such
dates and bearing interest at such rates as shall be required to provide
33
11-2271 ELECTION LAWS
funds sufficient to pay when due the interest to accrue on each bond
refunded to its maturity or if it is prepayable, to the earliest prior date
upon which such bond may be called for redemption, and to pay and
redeem the principal amount of each such bond at maturity, or, if pre-
payable, at its earliest redemption date, and any premium required for
redemption on such date; and the resolution or ordinance authorizing
the refunding bonds shall irrevocably appropriate for these purposes the
escrow fund and all income therefrom, and shall provide for the call of
all prepayable bonds in accordance with their terms. The securities to be
purchased with the escrow fund shall be limited to general obligations
of the United States, securities whose principal and interest payments are
guaranteed by the United States, and securities issued by the following
United States government agencies: banks for co-operatives, federal home
loan banks, federal intermediate credit banks, federal land banks, and
the federal national mortgage association. Such securities shall be pur-
chased simultaneously with the delivery of the refunding bonds.
(10) * * * [Same as parent volume.]
History: En. Sec. 2, Ch. 149, L. 1943; 1957; amd. Sec. 1, Ch. 51, L. 1963; amd.
amd. Sec. 1, Ch. 146, L. 1951; amd. Sec. Sec. 13, Ch. 234, L. 1971.
2, Ch. 98, L. 1955; amd. Sec. 1, Ch. 38, L.
11-2271. (5277.3) Loans from revolving fund for paying improvement
district warrants — authorization by electors. (1) Whenever any special
improvement district bond or sidewalk, curb and alley approach warrants,
or any interest thereon, shall be, at the time of the passage of this act,
or shall thereafter become due and payable, and there shall then be either
no money or not sufficient money in the appropriate district fund with
which to pay the same, an amount sufficient to make up the deficiency
may, by order of the council, be loaned by the revolving fund to such
district fund, and thereupon such bond or warrant or such interest
thereon, or in case of such bonds or warrants due at the time of the
passage of this act, such part of the amount due on such bond or warrant,
whether it be for principal or for interest or for both as the council may
in its discretion elect or determine shall be paid from the money so loaned
or from the money so loaned when added to such insufficient amount, as the
case may require.
(2) In connection with any public offering of special improvement
district bonds or sidewalk, curb and alley approach warrants, the city
or town council may undertake and agree to issue orders annually au-
thorizing loans or advances from the revolving fund to the district fund
involved in amounts sufficient to make good any deficiency in the bond
and interest accounts thereof to the extent that funds are available, and
may further undertake and agree to provide funds for such revolving
fund pursuant to the provisions of section 11-2270 by annually making
such tax levy (or, in lieu thereof, such loan from the general fund) as the
city or town council may so agree to and undertake, subject to the maxi-
mum limitations imposed by said section 11-2270, which said undertakings
and agreements shall be binding upon said city or town so long as any
of said special improvement district bonds or sidewalk, curb and alley
approach warrants so offered, or any interest thereon, remain unpaid.
History: En. Sec. 3, Ch. 24, L. 1929; 17, Ch. 158, L. 1971; amd. Sec. 3, Ch. 255,
amd. Sec. 1, Ch. 179, L. 1945; amd. Sec. L. 1971.
34
CITIES AND TOWNS
11-2301
Compiler's Notes
This section was amended twice in 1971,
once by Ch. 158 and once by Ch. 255.
Neither amendatory act referred to or
incorporated the changes made by the
other. Since the two amendments do not
appear to conflict, the compiler has made
a composite section embodying the amend-
ments made by both 1971 acts.
Amendments
Chapter 158, Laws of 1971, deleted from
the end of subsection (1) a proviso and
a sentence requiring that the revolving
fund be approved by the taxpayers. For
prior text, see parent volume.
Chapter 255, Laws of 1971, inserted
"sidewalk, curb and alley approach" be-
fore "warrants" near the beginning of
subsection (1) and near the beginning and
near the end of subsection (2); and made
a minor change in phraseology.
11-2275. Creation and maintenance of fund. A supplemental revolving
fund may be created by ordinance subject to the approval of a majority
of the qualified electors voting upon the question at a general or special
election. As used in this act "qualified electors" shall mean registered
electors of the municipality. The supplemental revolving fund shall be
created and maintained solely from the net revenues of parking meters
and the ordinance may pledge to said fund all or any part of the said
net revenues of parking meters which may be then owned or leased or
rented or thereafter acquired by the city or town. Said ordinance shall
contain such provisions in respect to the purchase, control, operation,
repair and maintenance of parking meters, including rates to be charged,
and the application of the net revenues therefrom and the management
and use of the supplemental revolving fund as the council shall deem
necessary.
History: En. Sec. 2, Ch. 260, L. 1947;
amd. Sec. 8, Ch. 158, L. 1971.
CHAPTEE 23— MUNICIPAL BONDS AND INDEBTEDNESS
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
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 (V2 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
35
11-2306 ELECTION LAWS
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
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
Section 11-2307 (Sec. 7, Ch. 160, L. pal bonds, was repealed by Sec. 5, Ch. 413,
1931), relating to submission to the elec- Laws 1973. For new law, see sec. 11-
tors of a petition for issuance of munici- 2307.1.
36
CITIES AND TOWNS 11-2310
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-
enue bonds without an election; amend-
Titleof 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
11-2310. (5278.10) Registration of electors. Upon the adoption of the
resolution calling for the election the city or town clerk shall notify the
county clerk of the date on which the election is to be held and the county
clerk must cause to be published in the official newspaper of the city or
town, if there be one, and if not in a newspaper circulated generally in the
said city or town and published in the county where the said city or town
is located, a notice signed by the county clerk stating that registration
for such bond election will close at noon on the fifteenth (15th) day prior
to the date for holding such election and at that time the registration
books shall be closed for such election. Such notice must be published
at least five (5) days prior to the date when such election books shall be
closed.
After the closing of the registration books for such election the county
clerk shall promptly prepare lists of the qualified electors of such city
or town who are entitled to vote at such election and shall prepare pre-
cinct registers for such election as provided in section 23-3012 and deliver
the same to the city or town clerk who shall deliver the same to the
judges of election prior to the opening of the polls. It shall not be neces-
sary to publish or post such lists of qualified electors.
History: En. Sec. 10, Ch. 160, L. 1931; 17, Ch. 64, L. 1959; amd. Sec. 10, Ch. 158,
amd. Sec. 1, Ch. 182, L. 1939; amd. Sec. L. 1971.
37
11-2404 ELECTION LAWS
CHAPTER 24— MUNICIPAL REVENUE BOND ACT OF 1939
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
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. 145, 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;
38
CITIES AND TOWNS 11-3112
CHAPTER 31— COMMISSION FORM OF GOVERNMENT
11-3112. (5377) Nomination of candidates — primary election. (1)
* * * [Same as parent volume.]
(2) Any qualified elector of said city who is the owner of any real
estate situated therein, desiring to become a candidate for mayor or coun-
cilman, shall, at least ten days prior to said primary election, file with
the city cleTk a statement of such candidacy in substantially the following
form:
State of Montana,
County of
ss.
I, , being first duly sworn, say that I reside at
street, city of , county of state of Montana; that I
am a qualified voter therein; that I am a candidate for nomination to the
office of (mayor or councilman) to be voted upon at the primary election
to be held on the Monday of , 19...., and I hereby request
that my name be printed upon the official primary ballot for nomination
by such primary election for such office.
(Signed)
Subscribed and sworn to (or affirmed) before me by on
this day of , 19
(Signed)
and shall at the same time file therewith the petition of at least twenty-
five qualified voters requesting such candidacy. Each petition shall be
verified by one or more persons as to qualifications and residence, with
street number, of each of the persons so signing the said petition, and the
said petition shall be in substantially the following form :
(3) Petition accompanying nominating statement.
The undersigned, duly qualified electors of the city of , and
residing at the places set opposite our respective names hereto, do hereby
request that the name of (name of candidate) be placed in the ballot as
a candidate for nomination for (name of office) at the primary election
to be held in such city on the Monday of , 19 We further
state that we know him/her to be a qualified elector of said city and a
person of good moral character, and qualified, in our judgment, for the
duties of such office.
Names of qualifying electors. Number. Street.
(4) to (8) * * * [Same as parent volume.]
(9) Every person who has been declared elected mayor or council-
man, shall, within ten days thereafter, take and file with the city clerk
an oath of office in the form and manner provided by law, and shall execute
and give sufficient bond to the municipal corporation in the sum of ten
39
11-3116 ELECTION LAWS
thousand dollars, conditioned for the faithful performance of the duties
of the office, which bond shall be approved by the judge of the district
court of the county in which such city is situated, and filed with the clerk
and recorder of the county in which such city is situated.
History: En. Sec. 12, Ch. 57, L. 1911;
re-en. Sec. 5377, R. C. M. 1921; amd. Sec.
8, Ch. 535, L. 1975.
11-3116. (5379) Bribery — false answers concerning qualifications of
elector — voting by disqualified person. Any person offering to give a
bribe, either in money or other consideration, to any elector, for the
purpose of influencing his vote at any election provided in this act, or
any elector entitled to vote at any such election receiving and accepting
such bribe or other consideration; any person who agrees, by promise or
written statement, that he will do, or will not do, any particular act or
acts, for the purpose of influencing the vote of any elector or electors at
any election provided in this act; any person making false answer to
any of the provisions of this act relative to his qualifications to vote at
such election; any person willfully voting or offering to vote at such
election who has not met the residency requirements for voting as pro-
vided by the constitution of the state of Montana, or who is not of the
minimum age provided by the constitution of the state of Montana, or
is not a citizen of the United States, or knowing himself not to be a quali-
fied elector of such precinct where he offers to vote; any person know-
ingly procuring, aiding, or abetting any violation hereof, shall be deemed
guilty of a misdemeanor, and, upon conviction, shall be fined in a sum
not less than one hundred dollars ($100) nor more than five hundred
dollars ($500) ; and be imprisoned in the county jail not less than ten
(10) nor more than ninety (90) days.
History: En. Sec. 14, Ch. 57, L. 1911;
re-en. Sec. 5379, R. C. M. 1921; amd.
Sec. 1, Ch. 166, L. 1971.
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, R. C. M. 1921 ; amd. Sec.
1, Ch. 161, L. 1973.
11-3214. (5413) Qualifications of commissioners — interest in contracts
not allowed — holding any political office 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
40
CITIES AND TOWNS 11-3215
contract, job, work, or service for the municipality, and shall not hold any
partisan political office or employment. Any commissioner who shall cease
to possess any of the qualifications herein required, shall forthwith forfeit
his office, and any such contract in which any member is or may be 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, Cn. 152, L. 1917;
re-en. Sec. 5413, B. 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 ^ay 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 :
(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
41
11-3229 ELECTION LAWS
hereby request that the name of (name of candidate) be placed on the bal-
lot as a candidate for nomination to the office of commissioner at the pri-
mary election to be held on the last Tuesday of August, 19 We further
state that we know him/her to be a qualified elector of said (city, town),
and a person 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 commis-
sioners 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;
re-en. Sec. 5414, R. C. M. 1921; amd. Sec.
1, Ch. 36, L. 1961; amd. Sec. 1, Ch. 2, L.
1973; amd. Sec. 9, Ch. 535, L. 1975.
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.
42
CITIES AND TOWNS 11-3906
11-3248. (5447) Compensation of commissioners and mayor. The
salary of each commissioner may be as follows : The salary of each com-
missioner shall be as established by ordinance in all classes of cities.
The salary of the commissioner acting as mayor may be one and one-half
times that of the other commissioners.
History: En. Sec. 49, Ch. 152, L. 1917; L. 1949; amd. Sec. 1, Ch. 71, L. 1965; amd.
amd. Sec. 2, Ch. 44, L. 1919; re-en. Sec. Sec. 1, Ch. 289, L. 1969; amd. Sec. 1, Ch.
5447, R. C. M. 1921; amd. Sec. 1, Ch. 10, 33, L. 1971.
11-3283. (5482) Persons in classified service not affected by political
or religious opinions or race. No person in the classified service or seeking
admission thereto shall be appointed, reduced or removed, or in any way
favored or discriminated against because of political opinions or affilia-
tions, or because of race, color, or religious beliefs.
History: En. Sec. 84, Ch. 152, L. 1917;
re-en. Sec. 5482, R. C. M. 1921; amd. Sec.
1, Ch. 188, L. 1975.
CHAPTER 39— URBAN RENEWAL LAW
11-3906. Preparation and approval of urban renewal projects and
urban renewal plans, (a) A municipality shall not approve an urban
renewal project for an urban renewal area unless the local governing body
has, by resolution, determined such area to be a blighted area and desig-
nated such area as appropriate for an urban renewal project. The local
governing body shall not approve an urban renewal plan until a com-
prehensive plan or parts of such plan for an area which would include an
urban renewal area for the municipality have been prepared. For this
purpose, and other municipal purposes, authority is hereby vested in every
municipality to prepare, to adopt, and to revise from time to time, a com-
prehensive plan or parts thereof for the physical development of the
municipality as a whole (giving due regard to the environs and metro-
politan surroundings), to establish and maintain a planning commission for
such purpose and related municipal planning activities, and to make avail-
able and to appropriate necessary funds therefor. A municipality shall
not acquire real property for an urban renewal project unless the local
governing body has approved the urban renewal project plan in accordance
with subsection (d) hereof.
(b) to (f). * * * [Same as parent volume.]
(g) If the plan or any subsequent modification thereof involves financ-
ing by the issuance of general obligation bonds of the municipality as
authorized in section 11-3913, subsection (c), or the financing of water or
sewer improvements by the issuance of revenue bonds under the provisions
of Title 11, chapter 24, or of sections 11-2217 to 11-2221, inclusive, the ques-
tion of approving the plan and issuing such bonds shall be submitted to a
vote of the qualified electors of such municipality in accordance with the
provisions of sections 11-2303 to 11-2310, inclusive, at the same election
and shall be approved by a majority of those qualified electors voting
on such question. Aiding in the planning, undertaking or carrying out of
an urban renewal project approved in accordance with this section shall
43
11-4111 ELECTION LAWS
be deemed a single purpose for the issuance of general obligation bonds,
and the proceeds of such bonds authorized for any such project may be
used to finance the exercise of any and all powers conferred upon the
municipality by section 11-3907 which are necessary or proper to complete
such project in accordance with the approved plan and any modification
thereof duly adopted by the local governing body. Sections 11-2306 and
11-2307 shall not be applicable to the issuance of such bonds.
(h) The municipality may elect to undertake and carry out urban re-
newal activities on a yearly basis. In such event, the activities shall be
included in the yearly budget of the municipality. Such activities need
not be limited to contiguous areas; however, such activities shall be con-
fined to the areas as outlined in the urban renewal plan as approved by
the municipality in accordance with this act. The yearly activities shall
constitute a part of the urban renewal plan and the municipality may- elect
to undertake certain yearly activities and total urban renewal projects
simultaneously. The undertaking of urban renewal activities on a yearly
basis shall be designated as a "neighborhood development program" and
the financing of such activities shall be approved in accordance with sec-
tion 11-3906, subsection (g).
History: En. Sec. 6, Ch. 195, L. 1959;
amd. Sec. 2, Ch. 38, L. 1965; amd. Sec. 2,
Ch. 210, L. 1969; amd. Sec. 18, Ch. 158,
L. 1971.
CHAPTER 41— INDUSTRIAL DEVELOPMENT PROJECTS
11-4111. Levy authorized — uses — restrictions. (1) Upon an affirma-
tive vote of a majority of the qualified voters voting in a city, county,
or town on the question of whether the governing body may levy a tax
for economic development, the governing body of that city, county, or
town is authorized to levy up to one (1) mill upon the assessed value of
all the taxable property in the county, city, or town for the purpose of
economic development, for a period not to exceed five (5) years, by any
one election.
(2) Funds derived from this levy may be used for purchasing land
for industrial parks, constructing buildings to house manufacturing and
processing operations, conducting preliminary feasibility studies, promoting
economic development opportunities in a particular area, and other ac-
tivities generally associated with economic development. These funds may
not be used to directly assist an industry's operations by loan or grant
nor to pay the salary or salary supplements of government employees.
(3) The governing body of the county, city, or town may use the
funds derived from this levy to contract with local development com-
panies, and other associations or organizations capable of implementing
the economic development function.
History: En. 11-4111 by Sec. 1, Ch. 311,
L. 1975.
44
CITIES AND TOWNS 11-4504
CHAPTER 45— URBAN TRANSPORTATION DISTRICTS
11-4503. Petition — call for public hearing. (1) Proceedings for cre-
ation of a transportation district may be initiated by a petition, signed
by not less than twenty per cent (20%) of the qualified electors who re-
side within the proposed transportation district. The petition shall con-
sist of one (1) sheet or several sheets identical in form and fastened to-
gether after being circulated and signed so as to form a single, complete
petition before being delivered to the county clerk. The petition shall give
the address of each petitioner and shall include a map showing the limits
of the proposed district. The complete petition shall be filed with the
county clerk, who shall within thirty (30) days thereafter, carefully
examine the same and attach to it a certificate under his official signature
and the seal of his office. The certificate shall set forth : the total number
of persons who are registered electors within the proposed transportation
district, and which and how many of the persons whose names are on
the petitions are qualified to sign such petition. If the petition is found
to contain less than twenty per cent (20%) of the signatures of the quali-
fied electors of the transportation district, the petition shall be declared
void.
(2) Provided the petition contains the signatures of twenty per cent
(20%) of the qualified electors of the proposed transportation district,
the county clerk shall present the petition and his certificate to the com-
missioners at their first meeting held after he has attached his certificate.
(3) The commissioners shall thereupon examine the petition and shall
by resolution call for a public hearing on the creation of such transporta-
tion district.
History: En. 11-4503 by Sec. 3, Ch. 355,
L. 1975.
11-4504. Notice and conduct of public hearing. (1) At the time
fixed for the public hearing, the commissioners shall hear all testimony
offered in support of and in opposition to any petition and the creation
of the district. The hearings may be adjourned from time to time for the
determination of additional information, or hearing petitioners or objec-
tors, but no adjournment may exceed two (2) weeks after the date origi-
nally noticed and published for the hearing.
(2) A notice of the public hearing shall be published in a newspaper
having general circulation within the proposed transportation district once
each week for at least two (2) weeks, the last publication to be at least
two (2) weeks prior to the hearing. If there is no newspaper having
general circulation within the proposed district, the notice of public hear-
ing shall be posted in at least three (3) public places within the proposed
district for two (2) weeks prior to the hearing. The notice shall state
the time, date, place, and purpose of the hearing and describe the bound-
aries of the proposed transportation district.
History: En. 11-4504 by Sec. 4, Ch.
355, L. 1975.
45
11-4505 ELECTION LAWS
11-4505. Resolution — election. (1) The commissioners, upon comple-
tion of the public hearing, shall proceed by resolution to refer the crea-
tion of such district to the persons qualified to vote on such proposi-
tion. The commissioners may, in their resolution, designate whether a
special election shall be held, or whether the matter shall be determined
at the next general election.
(2) If a special election is ordered, the commissioners shall, in their
order, specify the date for the election, the voting places, and shall ap-
point and designate judges and clerks therefor. The election shall be held
in all respects as nearly as practicable in conformity with the general
election laws.
(3) At the election, the ballots shall contain the words:
"□ Transportation District — Yes
□ Transportation District — No."
The judges of the election shall certify to the commissioners the results of
the election.
History: En. 11-4505 by Sec. 5, Ch. 355,
L. 1975.
11-4506. Transportation board — selection — composition. The district
shall be governed by a transportation board. The transportation board
shall consist of three (3) members appointed by a selection board com-
posed of the commissioners and an equal number of representatives from
the governing bodies of each incorporated city included or partially in-
cluded in the district. The selection board shall also fill all vacancies oc-
curring on the board. The selection board shall give public notice of its
solicitation of applications for membership on the board. The notice shall
be published in a newspaper having general circulation in the district,
once each week for at least two (2) weeks, the last publication to be at
least two (2) weeks before the appointment. If there is no newspaper
having general circulation within the boundaries of the proposed district,
the notice of solicitation shall be posted in at least three (3) public places
within the boundaries of the proposed district for two (2) weeks before
the appointment. The appointed members shall serve until the first county
general election after their appointment. Thereafter, the board members
shall be elected. Any qualified elector in the district may file a petition of
candidacy with the county clerk and recorder of the county where the
district is located. No filing fee shall be required. All candidates shall
file a nonpartisan petition for candidacy. The names of the six (6) candi-
dates receiving the highest number of votes in the primary election shall
be placed on the ballots in the county general election. The candidate
receiving the highest number of votes in the county general election shall
receive a four (4) year term on the board; the two (2) candidates re-
ceiving the next highest number of votes in the county general election
shall receive two (2) year terms on the board. Thereafter, two (2) seats
on the board shall be filled at every county general election. The candi-
date receiving the highest number of votes shall serve a four (4) year
term, the candidate receiving the next highest number of votes shall serve
46
CITIES AND TOWNS 11-4512
a two (2) year term. The board members shall serve without pay except
for necessary transportation expenses.
History: En. 11-4506 by Sec. 6, Ch. 355,
L. 1975.
11-4511. Enlargement of district — procedures. The boundaries of any
transportation district may be enlarged if fifty-one per cent (51%) of the
qualified electors of the area to be added to the existing district sign a
petition requesting addition to such district; however, each addition must
be approved by a majority vote of the transportation board. All property
within any addition to the transportation district shall be subject to all
existing indebtedness of the district.
History: En. 11-4511 by Sec. 11, Ch. 355,
L. 1975.
11-4512. Procedure for dissolving district. (1) Any transportation
district may be dissolved upon presentation to the county commissioners of
a petition signed by at least fifty-one per cent (51%) of the qualified voters
of such district. Upon the filing of such petition, the commissioners shall
carefully examine the petition and, if it is found that the petition is in
proper form, and bears the requisite number of signatures of qualified peti-
tioners, the commissioners shall by resolution call for a public hearing on
the dissolution of such transportation district. If such petition is found by
the commissioners to be lacking in the number of signatures, the commis-
sioners shall declare the petition void.
(2) A notice of such hearing shall be published in a newspaper having
general circulation in the transportation district, once each week for at
least two (2) weeks, the last publication to be at least two (2) weeks before
the hearing. If there is no newspaper having general circulation in the dis-
trict, the notice of the hearing shall be posted in at least three (3) public
places in the district for two (2) weeks before the hearing. The notice shall
state the time, date, place and purpose of the hearing.
(3) If upon such hearing the commissioners find that the district is
not indebted beyond funds immediately available to extinguish all of its
debts and obligations and that there is good reason for the dissolution of
such district, the commissioners shall enter upon their minutes an order
dissolving such district. Such order shall be filed, of record, and the dissolu-
tion shall be effective for all purposes six (6) months after the date of fil-
ing the order of dissolution, provided that at or before such time the board
of said district certifies to the county commissioners that all debts and
obligations of the district have been paid, discharged or irrevocably settled,
together with proof thereof. Any assets of the district remaining after all
debts and obligations of the district have been paid, discharged or ir-
revocably settled, shall be evenly divided between the county and any cities
within or partially within the dissolved district.
History: En. 11-4512 by Sec. 12, Ch. 355,
L. 1975.
47
TITLE 16— COUNTIES
CHAPTER 3— REMOVAL OF COUNTY SEATS
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 their 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
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 such
county asking the board to submit the question of the location of the perma-
nent county seat to the electors of the county at a special election to be
called and held in the manner hereinafter in this act provided. Said petition
or petitions must contain in the aggregate the names of at least one hundred
qualified electors whose names also appear as registered electors in some
48
COUNTIES 16-412
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 which the person or persons signing the petition resided before the
creation of the new county, certifying that the names of the person
signing said 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, Ch. 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 this section. Such amendment was void un-
registration of electors, was repealed by der the 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.
49
16-501 ELECTION LAWS
CHAPTER 5— CREATION OF NEW COUNTIES BY PETITION AND ELECTION
16-501. (4390) Creation of new counties — debts and assets prorated —
minimi! ni area and valuation. New counties may from time to time be
formed and created in this state from portions of one or more counties,
which shall have been created and in existence for a period of more than
two years, in the manner set forth and provided in this act ; provided, how-
ever, that no new county shall be established which shall reduce any county
to an assessed valuation of less than twelve million dollars ($12,000,000.00),
inclusive of all assessed valuation as shown by the last preceding assess-
ment ; nor shall any new county be established which shall reduce the area
of any existing county from which territory is taken to form such new
county, to less than twelve hundred square miles of surveyed land, 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;
re-en. Sec. 4390, R. O. M. 1921; amd. Sec.
1, Ch. 106, K 1929; amd. Sec. 6, Ch. 406,
L. 1973.
16-504. (4393) Petition for creation of new county — attached affidavits
— notice and hearing. (1) Whenever it is desired to divide any county
50
COUNTIES 16-504
or counties and form a new county out of a portion of the territory of
such then existing county or counties, a petition shall be presented to the
board of county commissioners of the county from which the new county
is to be formed, in case said proposed new county is to be formed from
but one county, or to the board of county commissioners of the county from
which the largest area of territory is proposed to be taken for the 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 :
1 to 6. * * * [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
51
16-504 ELECTION LAWS
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 bv at least fiftv ner 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
52
COUNTIES 16-505
line of the said proposed new county, and of the old county from which
such territory is proposed to be taken, and lying entirely within a single
old county and described in said petition, asking that said territory be
not included within the proposed new county, must make such changes in
the proposed boundaries as will exclude such territory from such new
county, and shall establish and define such boundaries. On final hearing
the board of commissioners, upon petition of not less than fifty per cent
of the qualified electors 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; amd. Sec.
7, Ch. 406, L. 1973.
16-605. (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 county seat of any county proposed to be divided, ex-
cept as hereinbefore 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-
53
16-506 ELECTION LAWS
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, E. C. M. 1921; amd. Sec.
8, Ch. 406, L. 1973.
16-506. (4395) Measures to be taken after election — officers^-effect of
adverse vote. (1) If, upon the canvass of the votes cast at such election,
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
54
COUNTIES 16-507
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, L. 1973.
16-507. (4396) Officers of new county — judicial district. At the elec-
tion provided for in section 16-505 of this code, there shall be chosen such
county, township, and district officers as are now or may hereafter by
general law be provided for in counties of the class to which the said new
county is determined to belong, as herein provided ; provided, that all duly
elected, qualified and acting officers of the county or counties, who may
reside within the proposed new county, shall be deemed to be officers of
said new county if they file with the board of county commissioners, whose
duty it shall be to call the election, within five days after the final hearing
and determination of said petition for such proposed new county, their
intention to become officers of said proposed new county, and the board of
county commissioners issuing the proclamation of any election, as in this
act provided, shall omit providing for the election of any such officers as
may have filed their declaration as herein provided ; and provided, also, that
all duly elected, qualified, and acting justices of the peace residing within
the proposed new county shall hold office as such justices of the peace in
said county for the remainder of the term for which they were elected;
provided, further, that all duly elected, qualified, and acting school trustees
residing within the proposed new county at the time of the division of such
55
16-807 ELECTION LAWS
county into school districts, as hereinbefore in section 16-505 provided,
shall hold office as school trustees in said new county for the remainder of
the term for which they were elected on qualifying as school trustees for
the respective districts in which they reside, as said districts are organized
as provided by this act. Each person elected or appointed to fill an office
of such new county under the provisions of this act shall qualify in the
manner provided by law for such officers, except as herein otherwise
provided, and shall enter upon the discharge of the duties of his office
within such time as herein provided, after the receipt of the certificate of
his election. Each of such officers may take the oath of office before any
officers authorized by the laws of the state of Montana to administer oaths,
and the bond of any officer from which a bond is required shall be approved
by any judge of the district court of the district to which such new county
is attached for judicial purposes. The officers elected or appointed under
the provisions of this act shall each perform the duties and receive the
compensation now provided by general law for the office to which he has
been appointed or elected in the counties of the class to which such new
county shall have been determined to belong, as herein provided under
the general classification of counties in this state.
Said new county, when created and organized in pursuance of the pro-
visions of this act, shall be attached to such judicial district as may be
designated by the governor of the state of Montana, in a proclamation to be
issued by him, designating such new county as attached to the particular
judicial district for judicial purposes.
History: En. Sec. 5, Ch. 226, L. 1919;
re-en. Sec. 4396, R. C. M. 1921; amd. Sec.
1, Ch. 253, L. 1975.
CHAPTER 8— GENERAL POWERS AND LIMITATIONS UPON COUNTIES
16-807. (4447) Limit of indebtedness. No county may 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
behalf of such county are void. No county may 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 ; except as provided in sections
16-1407.1 and 16-1407.2.
History: En. Sec. 4196, Pol. C. 1895;
re-en. Sec. 2876, Rev. C. 1907; re-en. Sec.
4447, R. C. M. 1921; amd. Sec. 1, Ch. 486,
L. 1973; amd. Sec. 1, Ch. 19, L. 1975.
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
56
COUNTIES 16-1230
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.
16-902.2. Filing of districts. When 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 county 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
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 ;
57
16-2021 ELECTION LAWS
(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 terms 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 commissioners 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 20— COUNTY FINANCE— BONDS AND WARRANTS
16-2021. (4630.7) Petition and election required for bonds issued for
other purposes. County bonds for any other purpose than those enu-
merated in section 16-2013 shall not be issued unless authorized at a duly
called special or general election at which the question of issuing such
bonds was submitted to the qualified electors of the county and approved,
as provided in section 16-2027; and no such bond election shall be called
unless there has been presented to the board of county commissioners a
petition, asking that such election be held and such question be submitted,
signed by not less than twenty per centum (20%) of the qualified electors
of the county.
History: En. Sec. 7, Ch. 188, L. 1931;
amd. Sec. 12, Ch. 158, L. 1971.
16-2022. (4630.8) Form, contents and proof of petition. Every peti-
tion for the calling of an election to vote upon the question of issuing
county bonds shall plainly and clearly state the purpose or purposes for
which the proposed bonds are to be issued, and shall contain an estimate
of the amount necessary to be issued for such purpose or purposes. There
may be a separate petition for each purpose, or two (2) or more purposes
may be combined in one (1) if each purpose, with an estimate of the
amount of bonds necessary to be issued therefor, is separately stated in
such petition. Such petition may consist of one (1) sheet, or of several
sheets identical in form and fastened together after being circulated and
signed so as to form a single complete petition before being delivered to
the county clerk as hereinafter provided. The petition shall give the post-
58
counties 16-2402
office address and voting precinct of each person signing the same.
Only persons who are qualified to sign such petitions shall be qualified
to circulate the same, and there shall be attached to the completed petition
the affidavit of some person who circulated, or assisted in circulating such
petition, that he believes the signatures thereon are genuine and that the
signers knew the contents thereof before signing the same. The completed
petition shall be filed with the county clerk who shall, within fifteen (15)
days thereafter, carefully examine the same and the county records show-
ing the qualifications of the petitioners, and attach thereto a certificate
under his official signature and the seal of his office, which certificate shall
set forth :
(1) The total number of persons who are registered electors.
(2) * * * [Same as parent volume.]
(3) Whether such qualified signers constitute more or less than
twenty per centum (20%) of the registered electors of the county.
History: En. Sec. 8, Ch. 188, L. 1931;
ami Sec. 13, Ch. 158, L. 1971.
16-2026. (4630.12) Registration. Upon the adoption of the resolution
calling for the election, the county clerk must cause to be published in
the official newspaper of the county a notice, signed by him, stating that
registration for such bond election will close at noon on the fifteenth day
prior to the date for holding such election and at that time the registra-
tion books shall be closed for such election. Such notice must be published
at least ten (10) days prior to the day when such registration books will
be closed.
After the closing of the registration books for such election the county
clerk shall promptly prepare lists of the registered electors of such voting
precinct who are entitled to vote at such election, and shall prepare pre-
cinct registers for such election, as provided in section 23-3012, and
deliver the same to the judges of election prior to the opening of the polls.
It shall not be necessary to publish or post such list of qualified electors.
History: En. Sec. 12, Ch. 188, L. 1931;
arad. Sec. 1, Ch. 138, L. 1939; amd. Sec.
18, Ch. 64, L. 1959; amd. Sec. 14, Ch.
158, 1971.
CHAPTER 24— COUNTY OFFICERS— QUALIFICATIONS--
GENERAL PROVISIONS
16-2401. (4723) General qualifications for county office. No person is
eligible to a county office who at the time of his election is not of the age
of voting as required by the Montana constitution, a citizen of the state,
and an elector of the county in which the duties of the office are to be
exercised, or for which he is elected.
History: En. Sec. 4310, Pol. C. 1895;
re-en. Sec. 2955, Rev. C. 1907; re-en. Sec.
4723, R.C.M. 1921; amd. Sec. 1, Ch. 423,
L. 1971. Cal. Pol. C. Sec. 4101.
16-2402. (4724) General qualifications for district and township offices.
No person is eligible to a district or township office who is not of the age
59
16-2403 ELECTION LAWS
of voting as required by the Montana constitution, a citizen of the state,
and an elector of the district or township in which the duties of the office
are to be exercised, for which he is elected.
History: En. Sec. 4311, Pol. C. 1895;
re-en. Sec. 2956, Rev. C. 1907; re-en. Sec.
4724, R.C.M. 1921; amd. Sec. 2, Ch. 423,
L. 1971. Cal. Pol. C. Sec. 4102.
16-2403. (4725) Repealed.
Repeal 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 se«-
county officers, was repealed by Sec. 23, tion 43-515.
16-2404. (4726) Township officers. The officers of townships are as
provided 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; amd. Sec. 2, Ch. 253, L. 1975. 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
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 collector of the taxes; one (1) county superintendent of schools;
one (1) county surveyor; one (1) assessor; one (1) coroner; one (1)
public administrator; 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 qualified. Persons appointed to the different offices serve
at the pleasure of the commissioners.
The commissioners may appoint, at their discretion, constables, but
not more than one (1) constable for each justice of the peace court.
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 office 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 commissioners of any county may, in its discretion, consolidate
any two or more of the within named offices and combine the powers and
the duties of the said offices consolidated with the exception of the office
60
counties 16-4203
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; how-
ever, 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; ami Sec. 16, Ch. 123, L. 1973;
re-en. Sec. 2960, Rev. 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; amd. Sec. 3, Ch. 253,
L. 1975. Cal. Pol. C. Sec. 4109.
16-2407. (4729) Repealed.
Repeal commissioners, was repealed by 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.
Repeal 1973. For new law, see sees. 16-5001 to
Sections 16-3901 to 16-3923 (Sees. 1 to 22, 16-5019, especially section 16-5016. Chap-
Ch. 109, L. 1931; Sees. 1 to 7, Ch. 56, L. ter 391, Laws of 1973 purported to amend
1933; Sec. 1, Ch. 72, L. 1943), relating to sections 16-3912 and 16-3916, but the
the county manager form of government, amendments were void under section 43-
were repealed by Sec. 23, Ch. 123, Laws 515.
CHAPTER 42— MOSQUITO CONTROL DISTRICTS
16-4203. Petition for district — hearing. (1) When a petition signed
by not less than twenty-five per cent (25%) of the qualified electors of
the proposed district or twenty-five per cent (25%) of the owners of
any property within the boundaries and whose names appear as such
property owners upon the last completed assessment roll of the county
in which the proposed district is situated, is presented to the board of
commissioners of such county, asking for the creation of a mosquito
control district, the commissioners shall set a day for the hearing of the
same and order notice thereof to be given to all persons interested.
(2) Said petition shall set forth the boundaries of the proposed dis-
trict and request that the property within the boundaries be organized
into a mosquito control district. Such proposed district may include any
incorporated or unincorporated city or town of the county.
(3) Sufficient funds to defray the cost of mailing, publication and
posting of notice shall accompany the petition.
History: En. Sec. 3, Ch. 183, L. 1953; 2, Ch. 337, L. 1973; amd. Sec. 1, Ch. 399,
amd. Sec. 1, Ch. 226, L. 1955; amd. Sec. L. 1975.
61
16-4204 ELECTION LAWS
16-4204. Notice of hearing— mailing— publication— posting. (1) The
commissioners by resolution shall fix a time for a hearing upon said peti-
tion at not less than two (2) nor more than four (4) weeks from the time
of presentation thereof.
(2) If addresses are known, the commissioners shall cause notice of
the hearing to be mailed to each nonresident owner of taxable real and
personal property within the proposed district.
(3) Commissioners shall cause notice to be posted in three (3) public
places within the district, and where the district is partly in one county
and partly in another county, notice must be posted in each county, but
not in three (3) places in each county. The notice shall state that any
qualified elector or owner of property lying within the boundaries of the
proposed district may appear before the board at the time of hearing and
show cause why the district should not be created, or may file his written
objection to creation of the district at any time before the date of said
hearing.
(4) The commissioners shall also cause notice to be given of the time
and place of the hearing and methods of objection by publication in a
newspaper within or nearest the district, and if the district is partly
in one (1) county and partly in another county, in a newspaper in each
county, if such newspaper exists. The publication must be for two (2)
weekly issues.
(5) Posting and first publication shall be at least ten (10) days be-
fore the hearing.
History: En. Sec. 4, Ch. 183, L. 1953;
amd. Sec. 3, Ch. 337, L. 1973; amd. Sec.
2, Ch. 399, L. 1975.
16-4205. Hearing — objections to district — creation of district. At the
time fixed for said hearing, the commissioners shall determine whether or
not the petition complies with the requirements hereinbefore set forth,
and whether or not the notice required herein has been published and
posted as required. At such hearing, the board must hear all competent
and relevant testimony offered in support of or in opposition to said peti-
tion and creation of said district, and shall also consider the written
objections to the creation of the district. Said hearing may be adjourned
from time to time for determination of facts, but no adjournment shall
exceed two (2) weeks in all from and after the date originally noticed and
published for the hearing. At such a hearing or at any time following
the first publication of notice of such hearing, until the time of said hear-
ing, any qualified elector or an owner of property within the proposed
district may file his written objections to the creation of the district.
Such objections shall be delivered to the county clerk, who shall endorse
thereon the date of its receipt by him. Upon such hearing, if the com-
missioners determine there has been compliance with all of the require-
ments herein set forth, they shall by an order, duly made and entered
on their minutes, declare the district created, setting forth the name and
boundaries of the district and the description of land contained therein,
except, where, at the time of the hearing, the commissioners find that a
geographical area desires exclusion from the area contained within the
boundaries of the proposed district, the hearing may be adjourned to
62
COUNTIES 16-4206
permit the commissioners to consult the department of health and environ-
mental sciences to determine if it would be advisable to exclude the geo-
graphical area from the district. Upon reconvening, the commissioners
shall define and establish such boundaries as are advisable. Provided,
(1) that if fifty-one per cent (51%) or more of the qualified electors
or of the owners of property within the boundaries of the proposed district
file their written objections to the creation of such district, the commis-
sioners shall not proceed with the creation of such district;
(2) or, if, as the result of objections filed, the commissioners, in their
discretion, determine the question in doubt whether or not the creation
of a district is to the best interest of an area and the residents therein,
the commissioners may cause the issue to be determined by referendum
at the next regular election.
Before setting a time for hearing, the commissioners may cause a survey
and study of the area sought to be included in such district to be made
by competent personnel and may submit a report thereof to the department
of health and environmental sciences for its review and recommendations.
History: En. Sec. 5, Ch. 183, L. 1953;
amd. Sec. 4, Ch. 337, L. 1973; amd. Sec.
3, Ch. 399, L. 1975.
16-4206. Enlargement of districts — petitions — objections. Any such
district at any time subsequent to its creation may be enlarged to include
adjacent land upon the presentation to the board of county commissioners
of a petition signed by the not less than twenty-five per cent (25%) of
the electors within the adjacent land or twenty-five per cent (25%) of
the owners of any property lying within the boundaries of the area pro-
posed to be annexed to the district and whose names appear as such
property owners upon the last completed assessment roll of the county
in which the said proposed area is situated. If any such petition for en-
largement of an existing district is presented, the board of county com-
missioners shall set a time for hearing thereon and shall cause notice
thereof to be given in the manner provided by section 16-4204. If, upon
such hearing, the commissioners believe it to be to the best interests of
the area and those resident therein that such area be annexed to the dis-
trict, they shall by an order duly made and entered on their minutes, de-
clare the area in question to be annexed to the district, and such annexed
area shall thenceforth be considered a part of such district for all purposes
as thereof originally included therein. If fifty-one per cent (51%) or
more of the qualified electors or of the property owners in the area
proposed to be annexed to the district file their objection to the crea-
tion of such district, the commissioners shall not act on such petition.
If, as a result of objections filed, the commissioners, in their discretion,
determine the question in doubt whether or not the annexation of the
area is to the best interest of the area and of the residents therein, the
commissioners mav cause the issue to be decided bv referendum at the
next regular election. If such additional area is added, such territory
shall be subject to the tax authorized by this act together with the pre-
existing area of the district. Such tax shall be uniform for the area added
and the territory in the district as enlarged.
63
16-4211 ELECTION LAWS
History: En. Sec. 6, Ch. 183, L. 1953; amd. Sec. 5, Ch. 337, L. 1973; amd. Sec.
4, Ch. 399, L. 1975.
16-4211. Dissolution of mosquito control district — hearing — notice —
unexpended funds. A mosquito control district may be dissolved upon
presentation to the board of county commissioners of a petition signed by
at least fifty-one per cent (51%) of the qualified electors or of the property
owners within the district. Upon the filing of such petition, the board of
county commissioners shall set a time for hearing the same and shall cause
notice thereof to be mailed to all nonresident property owners within
the district whose addresses are known, to be posted in at least three (3)
public places within said district and to be published at least once in the
official newspaper of the county, published in the district, such posting
and publication to be at least ten (10) days before said date of hearing.
If the district is partly in one (1) county and partly in another county,
notice must be posted in each county but not three (3) places in each
county, and notice must be published in the official newspaper of each
county. If upon such hearing, the commissioners find such petition to be
sufficient and that the district is not indebted in any amount beyond the
funds immediately available to extinguish all of its debts and obligations,
and that there is good reason for the dissolution of such district, the com-
missioners shall enter upon their minutes an order dissolving such dis-
trict. The effective date of such dissolution shall be set by the commis-
sioners at such time within the fiscal year as best conforms with the
operations of the county budget providing that before the dissolution
shall be effective for all purposes, the mosquito control board of the
district shall certify to the commissioners that all debts and obligations
of the district have been paid, discharged, or irrevocably settled together
with legal proof thereof. Any funds unexpended at the dissolution of a
district shall be paid over into the county general fund, and where the
district is partly in one (1) county and partly in another county, the
funds shall be apportioned between the counties and such apportionment
shall be based on the taxable value of the property which is within the
district. Physical assets may be liquidated as provided for in section 16-
1009, and where the district is partly in one (1) county and partly in
another county, the proceeds of the sale of physical assets will be ap-
portioned in like manner as the liquid assets.
History: En. Sec. 11, Ch. 183, L. 1953;
amd. Sec. 8, Ch. 337, L. 1973; amd. Sec.
6, Ch. 399, L. 1975.
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-term care facilities and infirmaries.
History: En. Sec. 1, Ch. 336, L. 1973.
16-4307. Government of district — appointment, election and terms of
trustees. Said hospital district shall be governed and managed by a
64
counties 16-4309.1
board of three (3) or five (5) trustees, elected by the registered electors
residing in the district. The number of trustees on the board and, if the
number is set at five (5), the initial terms of two (2) trustees, shall be
fixed by the bylaws of the district. The trustees must be elected from among
the registered electors qualified to vote at general elections within said
district. The first board of trustees shall be elected at the same election
held upon the creation of the district, subject to the creation thereof,
shall qualify upon the organization of the district, if created, and the
trustees may be nominated and have their names appear upon the ballots
upon the filing with the board of county commissioners of a petition
signed by any five (5) qualified electors of the district. Any elector may
sign as many nominating petitions as there are persons to be elected. The
trustees elected for the first board shall serve for terms commencing
upon their being elected and qualified and terminating one (1), two (2)
and three (3) years respectively, from the first Monday in May following
their election, and until their respective successors shall be elected and
qualify. Annually thereafter there may be elected a trustee to serve for
a term of three (3) years and until his successor shall be qualified and
such term of three (3) years shall commence on the first Monday in May
following the said trustee's election. All elections and nominations for
election of trustees thereafter, shall be conducted by said qualified voters
in the same manner as provided by the laws of the state of Montana for
the election of school trustees of a second or third class school district,
provided that wherever in the said laws of the state of Montana it is
provided that certain action shall be performed or filings made with the
clerk of the school board, the trustees or the board of trustees of the
school district or the county superintendent of schools, the same shall, for
the purposes of this act, be taken to refer to the clerk of the board of
trustees of the public hospital district, the trustees or the board of trus-
tees of the public hospital district or the county clerk, respectively. If
there is no nomination petition filed it shall not be necessary to hold an
election but the board of county commissioners shall appoint a trustee to
fill the term, the term to be the same as if the trustee were elected. The
trustees at their first meeting shall adopt bylaws for the government and
management of the district, and shall appoint a qualified person to serve
as clerk of the said board, who may or may not be one of their number.
The trustees shall serve without pay. A vacancy upon the board of
trustees, or in the office of clerk shall be filled by appointment by the
remaining members and the appointee shall serve until the next ensuing
election for trustees.
History: En. Sec. 7, Ch. 155, L. 1953;
amd. Sec. 1, Ch. 97, L. 1955; amd. Sec. 7,
Ch. 257, L. 1969; amd. Sec. 1, Ch. 399,
L. 1971; amd. Sec. 1, Ch. 277, L. 1975.
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
65
16-4309.2 ELECTION LAWS
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.
"O 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
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 support
of or in opposition thereto. Such determination shall be entered upon the
minutes of said board of commissioners. A finding of the board of com-
missioners in favor of the genuineness and sufficiency of the petition and
notice shall be final and conclusive against all persons except the state of
Montana upon suit commenced by the attorney general. Any such suit
must be commenced within one (1) year after the order of the board of
commissioners declaring such district organized as herein 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 in-
corporated, the date of which election shall be not more than sixty (60)
days from the date of the final hearing of sucli petition. Such notice shall
66
COUNTIES 16-4506
describe the boundaries so established and shall state the proposed name
of the proposed incorporation (which name shall contain the words
" county water and/or sewer district"), and this notice shall be
published for ten (10) consecutive days in a daily newspaper or in two
(2) issues of a weekly newspaper printed and published in every county
in which said district lies. The first publication shall be made at least
two (2) weeks before the time at which the election is to be held. At
such election the proposition to be submitted shall be : "Shall the proposition
to organize county water and/or sewer district under (nam-
ing 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 elec-
tions, 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 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 of such real property need not possess the qualifications required
of a voter in subsection (1) (c) of section 23-2701, R. 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 registered voters residing within the proposed district have
voted and if a majority of the votes cast at such election in each municipal
corporation 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 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
counties in which such district is situated, each, a certificate stating that
such a proposition was adopted. Upon the receipt of such last-mentioned
certificate the secretary of state shall, within ten (10) days, issue his
certificate reciting that the district (naming it) has been duly incorporated
according to the laws of the state of Montana. A copy of such certificate
shall be transmitted to and filed with the county clerk of the county or
counties in which such district is situated. From and after the date of 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 renewing
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. 1965; amd. Sec. 1, 1974; amd. Sec. 1, Ch. 521, L. 1975.
16-4506. Election of directors — term of office. At an election to be held
67
16-4507 ELECTION LAWS
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 municipalities within the
boundaries of said district, of five (5) members, or three (3) members if
there are ten (10) or less qualified electors in the district. In all cases where
the boundaries of such district include any municipality or municipalities,
said board of directors, in addition to said five (5) or three (3) directors to
be elected as aforesaid, shall consist of one (1) additional director for each
one of said municipalities within such district, each such additional director
to be appointed by the mayor of the municipality for which said additional
director is allowed ; and if there be any unincorporated territory within
said district, one additional director, to be appointed by the board of com-
missioners 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; amd. Sec. 1, Ch. 310, L. 1975.
16-4507. Nomination of officers. (1) and (2) * * * [Same as parent
volume.]
(3) The petition of nomination shall consist of not less than five (5)
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
68
COUNTIES 16-4508
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 as parent volume.]
(5) Certificates. Each certificate must be a separate paper. All certifi-
cates 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 real property or residing within
said district, must not at the time of signing a certificate have his name
signed to any other certificate for any other candidate for the same office,
or, in case there are several places to be filled in the same office, signed to
more certificates for candidates for that office than there are places to be
filled in such 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 contain the name and address of the person
to whom the petition is to be returned in case said petition is found insuf-
ficient.
(6) Presentation of petition. A petition of nomination, consisting of
not less than five (5) individual certificates for any one candidate, may be
presented to the county clerk not earlier than forty-five (45) days nor later
than thirty (30) days before the election. The county clerk shall endorse
thereon the date upon which the petition was presented to him. If the
district lies in more than one county, such petition for nomination shall be
presented to the county clerk whose county contains the largest percentage
of the territory of said district and said county clerk shall fulfill all duties
assigned to county clerks in elections under this act.
(7) to (22) * * * [Same as parent volume.]
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; amd. Sec. 2, Ch. 310, L. 1975; amd.
Sec. 2, Ch. 521, L. 1975.
16-4508. General law to govern. The provisions of the law relating
to the qualifications of electors, the manner of voting, the duties of election
69
16-4517 ELECTION LAWS
officers, the canvassing of returns, and all other particulars in respect to
the management of general elections, so far as they may be applicable, shall
govern all district elections, except as in this act otherwise provided;
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 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;
amd. Sec. 3, Ch. 521, L. 1975.
16-4517. Bonded indebtedness. Whenever the board of directors deem
it necessary for the district to incur a bonded indebtedness, it shall by a
resolution so declare and state the purpose for which the proposed debt
is to be incurred, the land within the district to be benefited thereby, the
amount of debt to be incurred, the maximum term the bonds proposed to
be issued shall run before maturity, which shall not exceed forty (40)
years, and the proposition to be submitted to the electors.
History: En. Sec. 17, Ch. 242, L. 1957;
amd. Sec. 26, Ch. 234, L. 1971.
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 directors.
Every qualified elector, owning 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, I». 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; amd.
Sec. 4, Ch. 521, L. 1975.
70
COUNTIES 16-5004
CHAPTEE 50— ALTERNATIVE FORMS OF COUNTY GOVERNMENT
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. Sec. 2, Ch. 123, L. 1973. ment; adding county attorney and clerk
of district court to the list of offices that
Title of Act mav b e 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 official 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, Ch. 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
71
16-5005 ELECTION LAWS
then in office, whose position will no longer be filled by popular election,
shall be retired prior to the expiration of his term of office, but 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 affect 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 rights,
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)
72
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-
73
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.
History: En. Sec. 15, Ch. 123, L. 1973.
16-5015. County commissioner form. County commissioner form de-
fined. The county commissioner form of county government shall 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,
74
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 sufficiently 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-
75
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 commissioners,
and the board of county commissioners may override the veto by a two-
thirds (%) 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 GOVERNMENT STUDY COMMISSIONS
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
which a local government unit carries out its duties, functions and re-
sponsibilities.
(5) "Form" means a specific and formal governmental organization
authorized as an alternative form of government by Title 47A, Part 3,
chapter 2.
(6) "Charter" means a written document defining the powers, struc-
ture, privileges, rights, and duties of the government and limitations
thereon.
(7) "Merger" means the joinder of the corporate existence and govern-
ment of two or more cities and/or towns.
(8) "Consolidation" means a form of local government that provides
for the joinder of the corporate existence and government of a county and
one or more of the cities and/or towns which are located within the county.
(9) "Confederation" means a form of local government that provides
for the distribution of the governmental authority between a county and
one or more of the cities and/or towns which are located within the county.
76
COUNTIES 16-5105
(10) "County consolidation" means a form of local government that
provides for the joinder of the corporate existence and government of two
or more counties.
(11) "Plan of government" means a certificate prepared by a study
commission from the provisions of Title 47A, Part 3, chapter 2, that docu-
ments the basic form of government selected by the study commission in-
cluding all applicable suboptions. The plan must establish the terms of all
offices and the number of commissioners, if any, to be elected.
(12) "Apportionment plan" means a certificate prepared by a study
commission that contains the proposed commissioner districts for a new
plan of government.
(13) "Consolidation plan" means a certificate prepared by a study
commission that contains the plans for consolidation of existing units of
local government.
(14) "Plan for consolidation or transfer of services" means a certificate
prepared by co-operating study commissions that contains the plans for
consolidation or transfer of services or functions between or among cities,
towns, and counties.
(15) "Local government code" means a revision and reorganization of
the body of law dealing with the organization and operation of local gov-
ernment to be presented to the 1975 and 1977 legislatures.
History: En. 16-5102 by Sec. 2, Ch. 222,
L. 1974; amd. Sec. 1, Ch. 513, L. 1975.
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).
(3) Resolutions authorizing 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]. No person shall serve on more than one (1) study commission.
History: En. 16-5103 by Sec. 3, Ch. 222,
L. 1974.
16-5104. Purpose of study commission. It shall be the purpose of the
study commission to study the form and power 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
77
16-5106 ELECTION LAWS
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.
History: En. 16-5105 by Sec. 5, Ch. 222,
L. 1974; amd. Sec. 2, Ch. 513, L. 1975.
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. Study 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 without 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 establishing 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 municipality. 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
one of whom resides in each of the three (3) county commissioner dis-
tricts. The positions shall 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 nomination 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
78
COUNTIES 16-5107
(e) the position designation if the candidate is running for a county
study commission position.
(5) For municipal study commissions, the certificate shall he signed
by qualified electors residing within the municipality. For 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 case 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 qualifications 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],
subsection (5) of this act and that the certificate is prepared and filed in
good faith for the sole purpose of endorsing the person named therein for
election as stated in the petition.
(10) Votes cast for municipal and county study commissioners shall
be counted, canvassed and returned by county election officials. Except as
otherwise provided in this act, each election conducted 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
79
16-5108 ELECTION LAWS
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 study 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 which 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 study commission during regular office hours.
(5) A majority of the study commissioners shall constitute a quorum
for the transaction of business, but no recommendation of a stutty 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
80
COUNTIES 16-5113
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 pay is granted they 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 who are not study commissioners.
(3) The study commission may retain consultants.
(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 the expenses of the study
commission for the period it is in operation during fiscal year 1975.
(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 shall supplement the state funds
available in fiscal years 1975, 1976, and j977 by appropriating funds, pro-
viding in-kind services, or a combination of both, in a total amount not less
than the available state money for each fiscal year. Each unit of local
government may finance the operation of local study commissions, printing
and distribution of the tentative and final report, and the election on the
alternative form of local government from the general fund or each local
government unit may assess and levy, in addition to all other levies per-
81
16-5114 ELECTION LAWS
mitted 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 munici-
pality 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. Unexpended
funds shall be used to finance the printing and distribution of the final
report. Additional funds as required to finance the printing and distribution
of the final report shall be appropriated to the study commission by the
board of county commissioners for county study commissions and by the
city or town council for city and town study commission. Upon termination
of the study commission, unexpended funds shall revert to the general fund
of the local government unit and to the state general fund in proportion
to their respective contributions to the study commission.
History: En. 16-5113 by Sec. 13, Ch.
222, L. 1974; amd. Sec. 3, Ch. 513, L. 1975.
16-5114. Prohibition on other proceedings. From 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 la"w 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.
16-5115.1. Existing forms of local government. (1) For the purpose
of determining the statutory basis of existing units of local government
under this act, each unit of local government organized under the general
statutes authorizing the municipal mayor-council form of government which
does not adopt a new form shall be governed after May 2, 1977 by the
following sections of section 47A-3-203 :
(1) (3)(g)(ii)
(2) (3)(h)(i)
(3) (a) (ii) (3)(i)(i)
(3)(b)(iii) (3)(j)(iii)
(3)(c)(ii) (3)(k)(ii)
(3)(d)(ii) (3)(l)(ii)
(3)(e)(ii) (4) (a)
(3)(f)(i)
This form has terms of four (4) years for all elected officials. The size of
the commission shall be established by ordinance, but it may not exceed
twenty (20) members.
82
COUNTIES 16-5115.1
(2) For the purpose of determining the statutory basis of existing
units of local government after May 2, 1977 when the new local government
code will become effective, each unit of local government organized under
the general statutes authorizing the municipal commission-manager form
of government shall be governed by the following sections of section
47A-3-204:
(1) (6)(c)(ii)
(2) (6)(d)(ii)
(3) (6)(e)(ii)
(4) (6)(f)(ii)
(5) (6)(g)
(6) (a) (iii) (7) (a)
(6)(b)(i)
This form has terms of four (4) years for all elected officials. The size
of the commission shall be established by ordinance, but it may not exceed
five (5) members.
(3) For the purpose of determining the statutory basis of existing
units of local government after May 2, 1977 when the new local government
code will become effective, each unit of local government organized under
the general statutes authorizing the elected county official form of govern-
ment shall be governed by the following sections of section 47A-3-205 :
(1
(2
(2
(2
(2
(2
(2
(2
(3
(3
(3
(3
(3
(3
(3
(3
(3
(3
(3
(3
(4
(a) (iii)
(b)(i)
(c)(i)
(d) (n)
(e)(ii)
(f) (ii)
(g)
(a) (i)
(b)(i)
(c)(i)
(d)(i)
(e)(i)
(f)(i)
(g)(i)
(h)(i)
(i)(i)
(i)(i)
(k) (i) if the county has elected an auditor.
(k) (vi) if the county has not elected an auditor.
This form has terms of four (4) years for all elected officials except
commissioners who are elected to six (6) year terms. The commission
consists of three (3) members.
83
16-5115.2 ELECTION LAWS
(4) For the purpose of determining the statutory basis of existing
units of local government after May 2, 1977 when the local government
code will become effective, each unit of local government organized under
the general statutes authorizing the county manager form of government
shall be governed by the following sections of section 47A-3-204:
(1)
(2)
(3)
(4)
(5)
(6)(a)(ii)
(6) (b) (i) or (ii)
(6)(c)(ii)
(6)(d)(i)
(6)(e)(ii)
(6)(f)(ii)
(6)(g)
Commissioners are elected to six (6) year terms. The size of the com-
mission shall be established by ordinance, but it may not exceed five (5)
members.
History: En. 16-5115.1 by Sec. 4, Ch.
513, L. 1975.
16-5115.2. Alternative forms of government. A study commission shall
submit to the qualified electors an alternative form of local government
authorized by Title 47A, Part 3, chapter 2.
History: En. 16-5115.2 by Sec. 5, Ch.
513, L. 1975.
16-5115.3. Consolidation. (1)- A county and a city or town within
the county may unite to form a single unit of local government under the
provisions of this section.
(2) An alternative form of government, including a charter form, for
a consolidated unit of government may be submitted to the voters only by
those study commissions that have co-operated under section 16-5106. A
majority vote by each of the affected study commissions is required for
the submission of an alternative form of government for a consolidated
unit of local government. The affected study commissions submitting a
consolidated form shall issue a single joint report and proposal.
(3) An alternative form of government for a consolidated unit of local
government does not need to include more than one municipality. A munici-
pality may not be included unless the local government study commission of
that municipality participates in the co-operative study and unless its study
commission, by a majority vote, approves the proposed alternative plan
for the consolidated government.
(4) Study commissions proposing consolidation shall prepare, adopt,
and submit to the voters a consolidation plan, in addition to the alternative
form of government. If the commission proposes a charter, the plan may be
included in the charter.
84
COUNTIES 16-5115.3
The consolidation plan shall :
(a) Provide for adjustment of existing bonded indebtedness and other
obligations in a manner which will provide for a fair and equitable burden
of taxation for debt service.
(b) Provide for establishment of service areas.
(c) Provide for the transfer or other disposition of property and
other rights, claims, assets, and franchises of local governments consolidated
under the alternative form.
(d) Provide the official name of the consolidated unit of local govern-
ment.
(e) Provide for the transfer, reorganization, abolition, absorption,
adjustment of boundaries and may provide a method for adjusting the
boundaries of all existing boards, bureaus, commissions, agencies, special
districts, and political subdivisions of the consolidated governments. Or the
plan may grant the legislative body of the consolidated government the
authority to transfer, reorganize, adjust boundaries, abolish, or absorb, and
provide a method for adjusting the boundaries of such entities with or
without referendum requirements. This section shall not apply to excluded
municipalities, school districts, conservancy districts, drainage districts,
irrigation districts, soil and water conservation districts, or livestock dis-
tricts.
(f) Include other provisions which the study commission elects to
include and which are consistent with state law.
(5) On its effective date, the alternative form of government and
consolidation plan operate to dissolve all local governments within the
area of consolidation in accordance with their provisions. On the effective
date the separate corporate existence of the county and of each participating
city and/or town shall be consolidated and merged into one local govern-
ment unit under the name selected, designated, and adopted as provided in
this chapter, and the consolidated local government shall thereupon succeed
to, possess, and own all of the property and assets of every kind and de-
scription and shall, except as otherwise provided, become responsible for
all of the obligations and liabilities of the county, cities, and town so
consolidated and merged. As a political subdivision of the state, such
consolidated unit of local government shall have the status of a county and
an incorporated municipality for all purposes and shall replace and be the
successor of the county and any city or town.
(6) A consolidated local government shall have and may exercise all
powers that are now, or hereafter may be, conferred on counties, cities, or
towns by the constitution and laws of the state. The consolidated local
government may levy all taxes which counties, cities, and towns are author-
ized to levy.
(7) Within two years after ratification of the consolidation, the gov-
erning body of the consolidated unit of local government shall revise, repeal,
or reaffirm all rules, ordinances, and resolutions in force within the partici-
pating county, cities, and towns at the time of consolidation. Each rule,
ordinance, or resolution, in force at the time of consolidation, shall remain in
force within the former geographic jurisdiction until superseded by action
85
16-5115.4 ELECTION LAWS
of the new governing body. Ordinances and resolutions relating to public
improvements to be paid for in whole or in part by special assessments, may
not be repealed.
(8) All provisions of law authorizing contributions of any kind, in
money or otherwise, from the state or federal government to counties and
cities shall remain in full force with respect to a consolidated local gov-
ernment.
History: En. 16-5115.3 by Sec. 6, Ch.
513, L. 1975.
16-5115.4. Confederation. (1) A county and any city or town within
the county may unite to form a confederated unit of local government
under the provisions of this section.
(2) A confederated form of local government may be created only by
charter. A charter for a confederated form of local government may be
submitted to the voters only by those study commissions that have co-
operated under section 16-5106. A majority vote by each of the affected
study commissions is required for the submission of a charter for a con-
federated form of government. The affected study commissions submitting
a charter for a confederated unit of local government shall issue a single
joint report and proposal.
(3) A charter for a confederated form of government does not need
to include more than one municipality. A municipality may not be included
unless the local government study commission of that municipality partici-
pates in the co-operative study and unless its study commission, by a
majority vote, approves the proposed alternative plan for the confederated
government.
(4) In addition to all other requirements, a charter for a confederated
form of government shall:
(a) Provide for a confederated system of county, city, and town gov-
ernments.
(b) Authorize the comprehensive and simultaneous transfer of services
to a system in which the county provides county-wide and area-wide services
and cities and towns provide local services.
(c) Permit future transfer of responsibility for provision of services.
(d) Establish a separate legislative body and chief administrative
office for the county and each participating city or town in the confederated
unit of local government or the plan may provide a single executive for the
confederated unit of government. The plan may also provide for a joint
legislative body.
(e) Provide for adjustment of existing bonded indebtedness and other
obligations in a manner which will provide for a fair and equitable burden
of taxation for debt service.
(f ) Provide for establishment of service areas.
(g) Provide for the transfer or other disposition of property and other
rights, claims, assets, and franchises of local governments confederated
under the charter.
(h) Provide the official name of the confederated unit of local gov-
ernment.
86
COUNTIES 16-5115.4
(i) Provide for the transfer, reorganization, abolition, absorption, or
adjustment of boundaries, and may provide a method for adjusting the
boundaries of all existing boards, bureaus, commissions, agencies, special
districts, and political subdivisions of the confederated governments. Or
the plan may provide for adjusting the boundaries of and may provide a
method for adjusting the boundaries of the participating incorporated
municipalities. Or the plan may grant the legislative bodies of the confed-
erated government the authority to transfer, reorganize, adjust the bound-
aries of, absorb, or abolish, and provide a method for adjusting the boundar-
ies of such entities with or without referendum requirements. This section
shall not apply to excluded municipalities, school districts, conservancy
districts, drainage districts, irrigation districts, soil and water conservation
districts, or livestock districts.
(j) Include other provisions which the study commission elects to
include and which are consistent with state law.
(5) On the effective date of the charter there shall be created a
confederated unit of local government under the name established in the
charter.
(6) On the effective date of the charter, the charter of the confederated
form of local government operates to consolidate and merge the corporate
existence of the participating units to the extent provided by the charter.
(7) As provided in the charter, the property, assets, obligations, and
liabilities of the confederated county, cities, or towns shall be assumed
on the effective date of the charter by the parts of the new confederated
unit of local government.
(8) As a political subdivision of the state, such confederated local
government shall have the status of a county and an incorporated munici-
pality for all purposes and shall replace and be the successor of the county
and any city or town.
(9) A confederated local government shall have and may exercise all
powers that are now, or hereafter may be, conferred on counties, cities, or
towns by the constitution and laws of the state. The confederated local
government may levy all taxes which counties, cities, and towns are author-
ized to levy.
(10) Within two (2) years after ratification of the confederation, the
governing bodies of the confederated unit of local government shall revise,
repeal, or reaffirm all rules, ordinances, and resolutions in force within the
participating county, cities, and towns at the time of confederation. Each
rule, regulation, ordinance, or resolution, in force at the time of confedera-
tion shall remain in force within the former geographic jurisdiction until
superseded by action of the new governing body. Ordinances and resolutions
relating to public improvements to be paid for in whole or in part by
special assessments may not be repealed.
(11) All provisions of law authorizing contributions of any kind, in
money or otherwise, from the state or federal government to counties and
cities shall remain in full force with respect to a confederated local gov-
ernment.
History: En. 16-5115.4 by Sec. 7, Ch.
513, L. 1975.
87
16-5115.5 ELECTION LAWS
16-5115.5. County consolidation. (1) Two or more contiguous coun-
ties may unite to form a single unit of local government under the provi-
sions of this section.
(2) An alternative form of government, including a charter form, for
consolidated counties may be submitted to the voters only by county study
commissions that have co-operated under section 16-5106. A majority vote
by each of the affected study commissions is required for the submission of
an alternative form of government for a consolidated county unit of local
government. The affected county study commissions submitting a consoli-
dated form shall issue a single joint report and proposal.
(3) Study commissions proposing county-county consolidation shall
prepare, adopt, and submit to the voters a consolidation plan, in addition
to the alternative form of government. If the study commissions propose a
charter, the plan may be included in the charter.
The consolidation plan shall :
(a) Provide for adjustment of existing bonded indebtedness and other
obligations in a manner which will provide for a fair and equitable burden
of taxation for debt service.
(b) Provide for establishment of service areas.
(c) Provide for the transfer or other disposition of property and other
rights, claims, assets, and franchises of local governments consolidated
under the alternative form.
(d) Provide the official name of the consolidated unit of local govern-
ment.
(e) Provide for the transfer, reorganization, abolition, absorption,
adjustment of boundaries and may provide a method for adjusting the
boundaries of all existing boards, bureaus, commissions, agencies, special
districts, and political subdivisions of the consolidated governments. Or
the plan may grant the legislative body of the consolidated government the
authority to transfer, reorganize, adjust boundaries, abolish or absorb,
and provide a method for adjusting the boundaries of such entities with or
without referendum requirements. This section shall not apply to excluded
municipalities, school districts, conservancy districts, drainage districts,
irrigation districts, soil and water conservation districts, or livestock dis-
tricts.
(f) Include other provisions which the study commissions elect to
include and which are consistent with state law.
(4) On their effective date, the alternative form of government and
consolidation plan operate to dissolve the county governments within the
area of consolidation in accordance with their provisions. On the effective
date the separate corporate existence of the affected counties shall be
consolidated and merged into one local government unit under the name
selected, designated, and adopted as provided in this section, and such
consolidated local government shall thereupon succeed to, possess, and own
all of the property and assets of every kind and description and shall, ex-
cept as otherwise provided, become responsible for all of the obligations and
liabilities of the counties so consolidated. As a political subdivision of the
88
COUNTIES 16-5115.6
state, such consolidated unit of local government shall have the status of a
county, and shall replace and be the successor of the affected counties.
(5) A county-county consolidated local government shall have and may
exercise all powers that are now, or hereafter may be, conferred on counties,
by the constitution and laws of the state. The consolidated local government
may levy all taxes which counties are authorized to levy.
(6) Within two years after ratification of the consolidation, the govern-
ing body of the consolidated unit of local government shall revise, repeal,
or reaffirm all rules, ordinances, and resolutions in force within the partici-
pating counties at the time of consolidation. Each rule, ordinance, or resolu-
tion, in force at the time of consolidation shall remain in force within the
former geographic jurisdiction until superseded by action of the new gov-
erning body. Ordinances and resolutions relating to public improvements
to be paid for in whole or in part by special assessments, may not be
repealed.
(7) All provisions of law authorizing contributions of any kind, in
money or otherwise, from the state or federal government to counties shall
remain in full force with respect to a consolidated local go v^ernment.
History: En. 16-5115.5 by Sec. 8, Ch.
513, L. 1975.
16-5115.6. County consolidation including municipalities. (1) Two or
more contiguous counties and any city or town of the counties may unite to
form a single unit of local government under the provisions of this section.
(2) An alternative form of government, including a charter form, for
consolidated counties may be submitted to the voters only by county study
commissions that have co-operated under section 16-5106. A majority vote
by each of the affected study commissions is required for the submission
of an alternative form of government for a consolidated county unit of
local government. The affected county study commissions submitting a
consolidated form shall issue a single joint report and proposal.
(3) An alternative form of government for a consolidated county unit
of local government may not include any city or town unless the local study
commission of that city or town participates in the co-operative study and
unless its study commission, by a majority vote, approves the proposed
alternative plan for the consolidated government.
(4) Study commissions proposing county-county consolidation that
includes a city or town shall prepare, adopt, and submit to the voters a
consolidation plan, in addition to the alternative form of government. If the
study commissions propose a charter, the plan may be included in the
charter.
The consolidation plan shall:
(a) Provide for adjustment of existing bonded indebtedness and other
obligations in a manner which will provide for a fair and equitable burden
of taxation for debt service.
(b) Provide for establishment of service areas.
(c) Provide for the transfer or other disposition of property and
other rights, claims, assets and franchises of local governments consolidated
under the alternative form.
89
16-5115.6 ELECTION LAWS
(d) Provide the official name of Lhe consolidated unit of local govern-
ment.
(e) Provide for the transfer, reorganization, abolition, absorption, ad-
justment of boundaries and may provide a method for adjusting the
boundaries of all existing boards, bureaus, commissions, agencies, special
districts, and political subdivisions of the consolidated governments. Or
the plan may grant the legislative body of the consolidated government
the authority to transfer, reorganize, adjust boundaries, abolish or absorb,
and provide a method for adjusting the boundaries of such entities with or
without referendum requirements. This section shall not apply to munici-
palities, school districts, conservancy districts, drainage districts, irrigation
districts, soil and water conservation districts, or livestock districts.
(f) Include other provisions which the study commissions elect to
include and which are consistent with state law.
(5) On their effective date, the alternative form of government and
consolidation plan operate to dissolve all local governments within the area
of consolidation in accordance with their provisions. On the effective date
the separate corporate existence of the affected counties and a participating
city or town shall be consolidated and merged into one local government
unit under the name selected, designated, and adopted as provided in this
section, and such consolidated local government shall thereupon succeed to,
possess, and own all of the property and assets of every kind and descrip-
tion and shall, except as herein otherwise provided, become responsible for
all of the obligations and liabilities of the counties and cities and towns
if any, so consolidated and merged. As a political subdivision of the state,
such consolidated unit of local government shall have the status of a
county and an incorporated municipality, if any city or town is included,
for all purposes and shall replace and be the successor of the affected
counties and of the affected cities and towns, if any.
(6) A county-county consolidation that includes a city or town shall
have and may exercise all powers that are now, or hereafter may be, con-
ferred on counties or cities and towns by the constitution and laws of the
state. The consolidated local government may levy all taxes which counties
or cities and towns are authorized to levy.
(7) Within two years after ratification of the consolidation, the gov-
erning body of the consolidated unit of local government shall revise,
repeal, or reaffirm all rules, ordinances, and resolutions in force within the
participating counties and cities and towns at the time of consolidation.
Each rule, ordinance, or resolution, in force at the time of consolidation
shall remain in force within the former geographic jurisdiction until super-
seded by action of the new governing body. Ordinances and resolutions
relating to public improvements to be paid for in whole or in part by special
assessments, may not be repealed.
(8) All provisions of law authorizing contributions of any kind, in
money or otherwise, from the state or federal goverrment to counties and
cities shall remain in full force with respect to a consolidated local govern-
ment.
History: En. 16-5115.6 by Sec. 9, Ch.
513, L. 1975.
90
COUNTIES 16-5115.7
16-5115.7. Service consolidation or transfer. (1) Co-operating study
commissions may submit in addition to any plan of government submitted
to the qualified electors, separate ballot questions on the consolidation or
transfer of services and functions between or among cities, towns, and
counties.
(2) The co-operating study commissions shall prepare a "joint report
on services to be consolidated or transferred." The report shall include a
certificate containing a "plan for [insert consolidation or transfer] of
[insert name of service or function] services" signed by a majority of the
members elected or appointed to each commission. Tlie report shall contain
a separate plan for each service or function consolidated or transferred.
(3) The plan shall provide :
(a) The nature of service or function transferred or consolidated:
(b) The effective date of sucli transfer or consolidation ;
(c) The manner in which affected employees engaged in the perform-
ance of the function will be transferred, reassigned or otherwise treated;
(d) The manner in which real property, facilities, equipment, or other
personal property required in the exercise of the function are to be trans-
ferred, sold, or otherwise disposed of;
(e) The method of financing, establishing, and maintaining a budget
for the service ; and
(f) Other legal, financial, and administrative arrangements necessary
to effect the transfer in an orderly and equitable manner.
(4) The plan may include provisions for an administrator or a joint
board responsible for administering any joint or co-operative undertaking.
(5) (a) The "joint report on services to be consolidated or trans-
ferred" shall be published and distributed to qualified electors and the
election conducted as provided in sections 16-5119 and 16-5120.
(b) Each plan for consolidation or transfer of functions shall be listed
separately on the ballot. The following form shall be used for each
separate plan :
"Shall the plan for [insert consolidation or transfer] of [insert name
of service or function] services proposed in the reports of the [insert
the names of local government units] local government study commis-
sions be adopted?
□ Yes.
□ No."
(c) The affirmative vote of a simple majority of those voting on the
question shall be required for adoption of any plan for consolidation or
transfer of services.
(d) The plan for consolidation or transfer of service shall take effect
as provided in the plan and the legislative body of a local government may
enact and enforce ordinances to bring about an orderly transition to the
new plan for consolidation or transfer of services.
(6) A plan for consolidation and/or transfer of services and functions
adopted by the voters may be amended or terminated only by a referendum
approved by a majority of electors voting on the question.
History: En. 16-5115.7 by Sec. 10, Ch.
513, L. 1975.
91
16-5115.8 ELECTION LAWS
16-5115.8. Disincorporation. (1) A city or town study commission
may submit a proposal for disincorporation to the qualified electors of the
city or town. The opportunity of the qualified electors to vote on the pro-
posal for disincorporation shall be construed as an opportunity to vote on
an alternative form of government in accordance with Article XI, section
9, of the Montana constitution.
(2) The final report of the study commission shall describe the advan-
tages and disadvantages of disincorporation and shall meet the requirements
for a final study commission report established in section 16-5115.9, except
it shall contain a certificate authorizing disincorporation rather than a
proposed "plan of government."
(3) A question of disincorporation proposed by a study commission
shall be submitted to the qualified electors in the following form :
"□ For the disincorporation of [insert name of city or town].
□ Against the disincorporation of [insert name of city or town] and
for the retention of the present form of government."
(4) Adoption of the study commission proposal for disincorporation
shall require the affirmative vote of a majority of the qualified electors
voting on the question.
(5) If the disincorporation proposal is approved by the qualified
electors the disincorporation shall become effective May 2, 1977.
(6) The legislative body of the county in which the disincorporating
city or town is located shall adopt ordinances to provide for orderly disin-
corporation and may establish tax and service districts to provide services
to the disincorporated city or town.
(7) The study commission shall prepare a report containing a recom-
mended plan of disincorporation including suggested ordinances and service
districts.
(8) If the study commission proposal for disincorporation is approved
by the qualified electors, the disincorporation shall proceed in accordance
with the provisions of sections 11-315 through 11-321.
History: En. 16-5115.8 by Sec. 11, Ch.
513, L. 1975.
16-5115.9. Study commission timetable. Each local study commission,
or combination of local study commissions shall :
(1) Conduct one or more public hearings prior to October 1, 1975, for
the purpose of gathering information regarding the current form, functions,
and problems of the local government or governments.
(2) Formulate, reproduce, and distribute by June 1, 1976, a tentative
proposed report. No sooner than thirty (30) days after the report is
distributed, conduct one or more public hearings on the tentative report.
The tentative report shall contain the same categories of information re-
quired to be included in the final report of the commission.
(3) (a) Adopt by August 1, 1976, the final report of the commission.
The final report shall contain the following material and documents, each
signed by a majority of the members elected or appointed to the commis-
sion:
92
COUNTIES 16-5115.10
(i) A certificate containing the "plan of government" of the existing
form of local government.
(ii) A certificate containing the "plan of government" of the proposed
new form of local government, which must differ in some manner from the
existing form of local government.
(iii) A certificate containing the "plan for consolidation," if consolida-
tion is proposed.
(iv) A certificate containing the "plan for apportionment" of commis-
sioner districts if districts are contained in the "plan of government." The
apportionment plan shall be based on a census conducted by the study
commission or on the most recent federal census and the districts shall be
as compact and equal in population as possible.
(v) A certificate establishing the date of the special or general election
at which the alternative form of government shall be presented to the
qualified electors and a certificate establishing the form of the ballot
question or questions.
(b) The report shall contain a comparison of the existing form and
proposed form of local government, may contain a statement on the
strengths and weaknesses of the existing and proposed form of local gov-
ernment, and may contain information that supports the adoption of the
proposed form and information that supports retention of the present form.
(c) The report may contain any minority report signed by members of
the commission who do not support the majority proposal.
(4) Prepare or cause to be prepared sufficient copies of its final report,
including the full text of the proposed form, any apportionment plan and
the commission recommendation. The new report must be available to the
qualified electors not later than thirty (30) days prior to the election on
the issue of adopting the alternative form. Copies of the final report may
be distributed to qualified electors or residents of the local government or
governments affected.
(5) Publish for two (2) successive weeks in a newspaper of general
circulation throughout the local government unit or units affected, a sum-
mary of its proposed plan of government, together with the address of a
convenient public place where the text of its proposal may be obtained.
The summary shall include a comparison of the existing and proposed plans
of government. The expenses of printing, distribution, and publication shall
be budgeted by the local government study commission.
(6) File four (4) copies of the final report of the commission with the
state commission on local government.
(7) Have the power to prepare separate reports in addition to its final
report. These reports may recommend consolidation of services and func-
tions and potential areas for interlocal agreements. The study commission
may submit recommendations to the state commission on local government
on revision of state laws governing local governments.
History: En. 16-5115.9 by Sec. 12, Ch.
513, L. 1975.
16-5115.10. Vote on alternative form. (1) The study commission shall
authorize the submission of the alternative form of government to the voters
93
16-5115.10 ELECTION LAWS
at a special election held in 1976 on or before November 2, 1976. The special
election may be held with the school, primary, general, or other election.
(2) A copy of the final report shall be certified by the study commission
to the city, town, or county clerk by August 1, 1976. The clerk shall prepare
and print notices of the specia> election.
(3) Elections on the issue of adoption of a proposed form of govern-
ment by a local government unit shall be conducted, returned, and can-
vassed and the result declared in the same manner as provided by law in
respect to initiatives and referendums. The cost of the election shall be
budgeted by the local government unit. The affirmative vote of a simple
majority of those voting on the question shall be required for adoption.
(4) In any election involving the question of consolidation, such ques-
tion shall be submitted to the qualified voters in the county and shall
require an affirmative vote of a simple majority of the votes cast in the
county on the question for adoption. There shall be no requirement for
separate majorities in units of local government voting on consolidation.
(5) In any election involving the question of county-county consolida-
tion or county-county-city consolidation, such question shall be submitted
to the qualified electors in the counties affected and shall require a simple
majority of the votes cast on the question in each affected county for
adoption.
(6) The question of adopting the form of government proposed by
the study commission shall be submitted to the qualified electors in sub-
stantially the following form :
(a) When only one unit of local government is affected by the proposed
form:
"Vote for one :
□ For adoption of the (self-government charter or form of government)
proposed in the report of the (insert name of local government unit)
local government study commission.
□ For the existing form of government."
(b) When more than one unit is affected by the proposed form :
"Vote for one :
□ For adoption of the (self-government charter or form of government)
proposed in the report of the (insert names of local government units)
local government study commissions to ("consolidate" or "confeder-
ate") the corporate and governmental existence of the following
units of local government (insert names of local government units).
□ For the existing form of government."
(c) The whole number of ballots shall be divided into two (2) equal
sets. No more than one (1) set shall be used in printing the ballot for use
in any one (1) precinct and all ballots furnished for use in one precinct shall
be identical. The existing form of government shall be printed as the first
item and proposed form as second item on half of the ballots and the pro-
posed form as the first item and the existing form as the second item on half
of the ballots. If the local government consists of only one (1) precinct, the
existing form shall be listed first on the ballot.
94
COUNTIES 16-5115.11
(7) A proposed alternative form shall be submitted to the voters as a
single question, except suboptions within alternative forms of local gov-
ernment authorized by Title 47A, Part 3, chapter 2, and suboptions author-
ized in a charter may be submitted to the qualified electors as separate
questions. No study commission may submit more than three (3) separate
suboptions and no suboption shall contain more than (2) alternatives. If a
suboption is submitted to the voters, only the ballot alternatives within
that suboption receiving the highest number of affirmative votes shall be
approved and included in the alternative form of government. The question
of adopting a suboption shall be submitted to the qualified electors in
substantially the following form :
"Vote for one suboption to be included in the new form of government
if it is adopted :
A legal officer (who may be called the "county attorney") :
□ Shall be elected for a term of four years.
□ Shall be appointed for a term of four years by the chairman of the
local government commission."
History: En. 16-5115.10 by Sec. 13, Ch.
513, L. 1975.
16-5115.11. General transition. (1) If the electors disapprove the
proposed new form of local government, the local government shall retain
its existing form as specified in section 16-5115 and the report of the com-
mission.
(2) (a) A new alternative form of local government and/or consoli-
dation plan approved by the voters, shall take effect on May 2, 1977, except
as otherwise provided in this act and any charter or consolidation plan.
The electors of any unit of local government which has adopted a new
alternative form of local government may not vote on the question of
changing the form of local government until three (3) years after the
new alternative form of local government became effective, but the voters
may vote on amendments to the alternative form or service or functional
transfer.
(b) Provisions creating offices and establishing qualifications for office
and any apportionment plan shall become effective December 1, 1976 for
the purpose of electing officials.
(3) (a) A copy of the existing or proposed "plan of government"
ratified by the voters and any "apportionment plan" or "consolidation plan"
shall be certified by the chairman of the stud} r commission and filed by the
study commission by December 1, 1976 with each of the following authori-
ties: secretary of state; attorney general; department of intergovernmental
relations; state commission on local government; clerk of the city, town, or
county; and clerk of the district court.
(b) The approved plan filed with the secretary of state shall be the
official plan and shall be a public record open to inspection of the public
and judicially noticeable by all courts.
(4) All ordinances in effect at the time the new form of government
becomes effective shall continue in effect until repealed or amended in the
95
16-5115.12 ELECTION LAWS
manner provided by law. Consolidated governments are governed by the
provisions of section 16-5116.
(5) The adoption of a new form of government shall not affect the
validity of any bond, debt, contract, obligation, or cause of action accrued
or established under the prior form of government.
(6) If the proposed new form of local government is adopted the
study commission shall prepare an advisory plan for orderly transition to a
new form of local government. The transition plan may propose necessary
ordinances, plans for consolidation of services and functions, and a plan
for reorganizing boards, bureaus, departments, and agencies.
(7) The legislative body of a local government may enact and enforce
ordinances to bring about an orderly transition to the new plan of govern-
ment, including transfers of powers, records, documents, properties, assets,
funds, liabilities, or personnel which are consistent with the approved plan
and necessary or convenient to place it into full effect. Where any question
arises concerning the transition which is not provided for herein, the legis-
lative body may provide for such transition by ordinance, rule, or resolution
not inconsistent with this act.
History: En. 16-5115.11 by Sec. 14, Ch.
513, L. 1975.
16-5115.12. Transition — officers and employees. (1) The members of
the board of county commissioners or the members of the council or commis-
sion of a city or town, holding office on the date a new alternative form of
government is adopted by the qualified electors of the local government
unit, shall continue in office and in the performance of their duties until
the commission authorized by the new alternative forms has been elected
and qualified, whereupon the prior commission or council shall be abolished.
(2) All other employees holding offices or positions, whether elective
or appointive, under the government of such county, city, or town on May
2, 1977, shall continue in the performance of the duties of their respective
offices and positions until provision is made for the performance or discon-
tinuance of such duties, or the discontinuance of such offices or positions.
History: En. 16-5115.12 by Sec. 15, Ch.
513, L. 1975.
16-5115.13. Election of new officials. (1) No primary or general elec-
tion shall be held in 1976 for the election of county officials. The primary
and general election for electing city, town, and county officials shall be
rescheduled as provided in this section.
(2) The board of county commissioners, city or town council or com-
mission shall order a special local government primary election to be held
February 8, 1977 and local government general election on April 5, 1977
for the purpose of electing local government officials.
(3) Primary election is not required in cities and towns with a popula-
tion of 3,499 or less as shown by the most recent federal census. Nonpartisan
candidates shall be nominated by certificates of nomination.
(4) Nomination declarations, or certificates of nomination, shall be
filed not later than 5 p.m., January 7, 1977.
96
COUNTIES 16-5115.15
(5) If a new alternative form of local government is adopted, all
elected city, town, and county officers shall hold their respective offices until
the new successors are elected and qualified. The new officials specified in
the new alternative form shall be elected at the special primary and general
elections authorized in this act although similar offices exist under the
former form of government. One (1) less than the number of commissioners
specified in the county form shall be nominated and elected.
The county commissioner elected on November 7, 1972 shall continue to
hold office as a commissioner until his successor is elected in 1978 and quali-
fied in 1979. Such commissioner retains his office under the provisions of
section 6(3) of the transition schedule of the 1972 Montana constitution. If
the county is divided into districts, he shall represent the district that
contains his legal residence. If the county apportionment plan includes the
election of any commissioners at-large, he shall be one of the at-large
commissioners.
If the terms of commissioners are to be overlapping, they shall draw lots
to establish their respective terms of office at the first meeting of the com-
mission.
(6) If the existing form of local government is retained, all elected
city, town, and county officers shall hold their respective offices until the
new successors are elected and qualified. Successors shall be elected at the
special primary and general election authorized in this act for county offi-
cers whose term of office would otherwise terminate on the first Monday of
January 1977 or the first Monday of March 1977.
Successors shall be elected at the special primary and general election
for city or town officers whose term of office would otherwise terminate on
December 31, 1977, or the first Monday of May 1977.
(7) The elections shall be governed by the election laws of the state of
Montana. The election shall be conducted, vote returned and canvassed,
and results declared in the manner provided by law for election of county
officials. Votes cast for city, town, and county officials shall be counted,
canvassed, and returned by county election officials. Any separate ballots or
election supplies required for election of city or town officials shall be fur-
nished or paid for by the city or town.
(8) Officers elected shall take office on May 2, 1977. They shall serve
terms for the duration specified in the alternative form of government.
History: En. 16-5115.13 by Sec. 16, Ch.
513, L. 1975.
16-5115.14. Organization of the commission. (1) The first meeting of
a new commission for a new form of government shall be held at 10 a.m. on
May 2, 1977, at which time newly elected members shall take the oath of
office prior to assuming the duties of office.
(2) If the terms of commissioners are to be overlapping, they shall
draw lots to establish their respective terms of office.
History: En. 16-5115.14 by Sec. 17, Ch.
513, L. 1975.
16-5115.15. Judicial enforcement and review. (1) Ten (10) or more
qualified electors or the attorney general may petition the district court to
enforce the provisions of this chapter.
97
16-5115.16 ELECTION LAWS
(2) The provisions of Title 93, chapter 89, R. C. M. 1947 (Uniform
Declaratory Judgments Act) shall apply to the adoption of a charter or an
alternative form of government. A petition for declaratory relief under
Title 93, chapter 89, may be brought on behalf of the public either by the
attorney general or by ten (10) or more qualified electors of the local
government unit. In the case of a petition by ten (10) or more qualified
electors, the attorney general shall be served notice of the petition and may
intervene as a party at any stage of the proceedings. The petitioner may,
in the court's discretion, be awarded costs which may include reasonable
attorney fees.
(3) Judicial review to determine the validity of the procedures where-
by any charter or alternative form of government is adopted may be had
by petition of ten (10) or more registered voters of the city or town brought
within sixty (60) days after the election at which such charter or form of
government, revision, or amendment is approved. The petitioner may, in the
court's discretion, be awarded costs which may include reasonable attorney
fees. If no petition is filed within that period, compliance with all the pro-
cedures required by this act and the validity of the manner in which the
charter, or form of government was approved shall be conclusively pre-
sumed. It shall be presumed that proper procedure was followed and all
procedural requirements were met. The adoption of a charter or form of
government shall not be deemed invalid on account of any procedural error
or omission unless it is shown that the error or omission materially and
substantially affected such adoption.
History: En. 16-5115.15 by Sec. 18, Ch.
513, L. 1975.
16-5115.16. Effect of other laws. The procedures established by this
chapter for adoption and implementation of an alternative form of govern-
ment, a charter, a consolidated government, a confederated government, a
consolidation or transfer of services, or a disincorporation of a city or
town are exclusive and shall not be effected by any other law, except the
disincorporation of a city or town shall be governed by other law as pro-
vided in this chapter.
History: En. 16-5115.16 by Sec. 19, Ch.
513, L. 1975.
16-5115.17. Liberal construction. This act shall be liberally construed
to effectuate its purpose of facilitating the review of local government.
History: En. Sec. 20, Ch. 513, L. 1975.
98
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) Each Sunday.
(2) New Year's Day, January 1.
(3) Lincoln's Birthday, February 12.
(4) Washington's Birthday, the third Monday in February.
(5) Memorial Day, the last Monday in May.
(6) Independence Day, July 4.
(7) Labor Day, the first Monday in September.
(8) Columbus Day, the second Monday in October.
(9) Veterans' Day, November 11.
(10) Thanksgiving Day, the fourth Thursday in November.
(11) Christmas Day, December 25.
(12) State general election day.
If any of the above-enumerated holidays (except Sunday) fall 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) Each Sunday.
(2) New Year's Day, January 1.
(3) Memorial Day, the last Monday in May.
(4) Independence Day, July 4.
(5) Labor Day, the first Monday in September.
(6) Thanksgiving Day, the fourth Thursday in November.
(7) Christmas Day, December 25.
(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: Ap. p. Sec. 10, Pol. C. 1895; Ch. 6, L. 1965; amd. Sec. 1, Ch. 89, L.
re-en. Sec. 10, Rev. C. 1907; amd. Sec. 1, 1969; amd. Sec. 6, Ch. 32, L. 1971; amd.
Ch. 21, 1921; re-en. Sec. 10, R. C. M. 1921; Sec. 1, Ch. 16, L. 1974. Cal. Pol. C.
amd. Sec. 1, Ch. 209, L. 1955; amd. Sec. 1, Sees. 10-11.
99
TITLE 23— ELECTIONS
CHAPTER 26
DEFINITIONS AND GENEEAL PEOVISIONS
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; Amendments
amd. Sec. 1, Ch. 8, L. 1973. Th^ 1973 amendment inserted "secret"
before "ballot" at the end of the section.
23-2605. Time of opening and closing of polls.
Cross-References School bond elections, sees. 75-7110 to
Airport bonds, sec. 1-804. 75-7117.
School elections, sees. 75-6401 to 75-6423.
23-2606. Penalty for violation of act.
Cross-References Disclosing contents of ballot after mark-
Bribery at elections, penalty, sec. 23- ing, penalty, sec. 23-4714.
4723. Electioneering by election officials, pen-
alty, 23-4713.
False nomination certificate, penalty, sec.
23-4723.
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, L. 1969; Amendments
amd. Sec. 1, Ch. 120, L. 1971; amd. Sec.
2, Ch. 158, L. 1971; amd. Sec. 1, Ch. 40, L. Chapter 120, Laws of 1971, deleted "Ex-
1973. cept as provided in section 23-2702" from
101
23-2701.1
ELECTIONS
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 amendment substituted "elec-
tions" in the 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
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."
Repealing Clause
Section 2 of Ch. 40, Laws 1973 read
"Section 11-716, B. C. M. 1947, is re-
pealed."
Effective Date
Section 3 of Ch. 120, Laws 1971 pro-
vided the act should be in effect from
and after its passage and approval. Ap-
proved March 1, 1971.
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
Section 23-2701.1 (See. 1, Ch. 158, L.
1971), relating to legislative policy and
purpose of election laws according to
former constitution, was repealed by Sec.
58, Ch. 100, Laws 1973, and Sec. 9, Ch.
454, Laws 1973.
23-2702, 23-2703. Repealed.
Repeal
Sections 23-2702 and 23-2703 (Sees. 7, 8,
Ch. 368, L. 1969), relating to qualifications
of electors at elections on incurring state
indebtedness, were repealed by Sec. 2, Ch.
120, Laws 1971.
Compiler's Notes
Sections 3 and 4, Ch. 158, Laws of
1971, purported to amend these sections.
However, the purported amendments are
void under the provisions of section 43-
515.
CHAPTER 28
PUBLICATION OF QUESTIONS SUBMITTED TO POPULAR VOTE
Section
23-2802. Publication and printing of amendments to constitution.
102
REGISTRATION OF ELECTORS 23-3001
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 official 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; lication requirement in subdivision (1)
amd. Sec. 1, Ch. 38, L. 1973. from once each week for four weeks to
twice each month for two months; sub-
Compiler's Notes stituted "election at which they are to be
In a letter to the secretary of state voted upon by the people" in subdivision
dated March 23, 1970, the attorney gen- (1) for "next general biennial election";
eral of Montana ruled, that, despite this inserted "commonly circulated" near the
section, the secretary of state is re- end of subdivision (1); and made minor
quired to publish proposed constitutional changes in phraseology,
amendments once each week for three
months, as required by sec. 9, article XIX, Cross-Reference
constitution of 1889. But see sees. 8 and Explanation of initiative, referendum
9 (2), article XIV, constitution of 1972. and constitutional measures to be prepared
by attorney general, sec. 37-104.1.
Amendments
The 1973 amendment changed the pub-
CHAPTER 30
REGISTRATION OF ELECTORS
Section
23-3001. Highway patrol to submit new-voter lists to major political parties.
23-3003. Notaries public as deputy registrars — appointment of additional deputies —
qualifications — duties.
23-3004.1. Resident school district included in registration.
23-3005. Hours of registration — registration cards.
23-3006. Method of registering — absent electors in the United States service — felony
provisions.
23-3012. Lists of registered electors — precinct register.
23-3013. Cancellation of registry for failure to vote — reregistration.
23-3014. Cancellation of registry for other reasons — reregistration.
23-3016. Close of registration — procedure.
23-3022. Residence, rules for determining.
23-3023. Printing and posting of list of electors shown on precinct registers.
23-3027. Charges to city or school district — warrant — when no precinct registers
required.
23-3030. Cancellation of deceased 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
103
23-3003 ELECTIONS
patrol shall be responsible for any honest error or omission in preparing the
lists.
History: En. Sec. 17, Ch. 368, L. 1969; piled on a county by county basis" in the
amd. Sec. 1, Ch. 257, L. 1971; amd. Sec. first sentence; and made a minor change
1, Ch. 132, L. 1973. in phraseology.
The 1973 amendment inserted "four (4)
Amendments copies of" before "a list" in the first
The 1971 amendment inserted "com- sentence.
23-3003. Notaries public as deputy registrars — appointment of addi-
tional deputies — qualifications — duties. (1) All notaries public are dep-
uty registrars in the county in which they reside. They may register elec-
tors residing in any precinct within the county. No notary public may
register any voter until he has been issued a certificate of approval by the
county registrar certifying that he has received instructions on registra-
tion procedure from the county registrar.
(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 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; in subsection (2); inserted subdivision
amd. Sec. 1, Ch. 340, L. 1973; amd. Sec. (2) (c); added the second sentence to
1, Ch. 205, L. 1975. subsection (3); and made a minor change
, in phraseology.
Amendments
mu ,A„ -, . , „ . . The 1975 amendment added the third
The 1973 amendment inserted "a mini- sente nce to subsection (1); and deleted
mum of twicem the first sentence of "taxpaying" before "resident elector" in
subsection (2); inserted the third sentence subdiv i s i * (a) of sub section (2).
23-3004.1. Resident school district included in registration. In the
discretion prescribed by section 23-3004, R.C.M. 1947, the county registrar
shall record the resident school district of each person registering to vote
to allow the preparation of registered elector lists for each school dis-
trict of the county.
History: En. Sec. 1, Ch. 243, L. 1971. school district of residence when register-
Titio Af a ¥ * n £ electors; and amending sections 23-
xme oi Act 3023 and 23-3027, E.C.M. 1947, providing
An act to require recording of the for precinct registers.
104
REGISTRATION OF ELECTORS 23-3006
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.
(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) The registrar shall classify registration cards by precinct and
arrange the cards for each precinct in alphabetical order.
(4) The cards for each precinct shall be kept in a separate file.
(5) Immediately after filling out a registration card, the registrar shall
enter the information in the official register of the county in the proper
precinct.
History: En. Sec. 24, Ch. 368, L. 1969; Amendments
amd. Sec. 1, Ch. 3, L. 1974. The 1974 amendment added the portion
of subsection (2) following "order of re-
ceipt"; and made a minor change in style.
23-3006. Method of registering — absent electors in the United States
service — felony provisions. (1) An elector may register by appearing
before the registrar or deputy registrar in the county in which he resides
and by :
(a) Answering any questions asked by the registrar concerning items
of information called for by registry cards ;
(b) Signing and verifying or affirming the affidavit or affidavits on
the back of the card.
(2) An elector may register by mailing, postage paid, a properly com-
pleted registry card to the registrar in the county in which he resides.
(a) The registrar shall send registry cards for mail registrations to all
persons requesting them, whether the application is made in writing or by
telephone, and shall, in addition, arrange for the cards to be available from
city and town clerks within the county and may arrange for them to be
available at other locations within the county. The mail registry card
shall be in the form prescribed by the secretary of state.
(b) The elector shall complete, sign, and either verify or affirm the
registry card before a notary public or other officer empowered to ad-
minister oaths, or, complete and sign the card and obtain the signature,
address and voting precinct of at least one registered voter in the county,
who shall witness for the facts stated on the registry card.
(c) The registration card must be received on or before the day of the
close of registration but in no event less than ten (10) days before the
election.
(d) Upon receipt of a properly executed registry card the county
registrar shall cause to be sent to the new voter a post card affirming regis-
tration and giving the location of the voter's polling place. On the face of
the notification shall be printed the words, "Do Not Forward, Return
Postage Guaranteed."
105
23-3012
ELECTIONS
(3) Any elector in the United States service who is absent from the
state and the county of which he is a resident may register by:
(a) Mailing the registry card filled out and signed under oath to the
registrar, or
(b) Mailing the federal post card application filled out and signed
under oath to the registrar.
(4) A person is guilty of a felony and upon conviction shall be im-
prisoned in the state prison for not more than three (3) years, if:
(a) He falsely personates another and causes the person so personated
to be registered; or,
(b) Falsely represents his name or other information required upon
his registry card, and causes or attempts to cause registration with the
card; or,
(c) Causes any name to be placed upon the registry lists other than
in the manner provided by this act; or,
(d) Signs a registry card knowingly witnessing any false or mislead-
ing statement.
History: En. Sec. 25, Ch. 368, L. 1969;
amd. Sec. 1, Ch. 396, L. 1975.
Amendments
The 1975 amendment inserted present
subsection (2); redesignated former sub-
sections (2) and (3) as subsections (3)
and (4); deleted "less than one (1) nor"
in the preliminary clause of present sub-
section (4); substituted "upon his registry
card and causes or attempts to cause
registration with the card" for "by regis-
tration to any registrar and causes his
name to be registered" in subdivision (b)
of present subsection (4); added subdivi-
sion (d) to subsection (4); and made
minor changes in punctuation and phrase-
ology.
Repealing Clause
Section 2 of Ch. 396, Laws 1975 read
"Sections 23-3722 and 23-3723, E. C. M.
1947, are repealed."
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;
amd. Sec. 5, Ch. 158, L. 1971; amd. Sec.
12, Ch. 100, L. 1973.
Amendments
The 1971 amendment substituted "an
election at which voting is validly limited
by the constitution to taxpayers" for "an
election for the incurring of a state debt,
issuance of bonds or debentures by the
state, or the levying of a state tax" at
the end of the first sentence of former
subsection (2); and deleted, from former
subsection (2) a second sentence reading
"No other evidence is necessary to show
that the elector is a taxpayer."
The 1973 amendment deleted former
subsection (2), which provided for indi-
cation of taxpayers on the precinct reg-
isters; and removed the designation of
the remaining language as subsection (1).
23-3013. Cancellation of registry for failure to vote — reregistration.
(]) 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 shown
by the official pollbooks, with the official register of each precinct ;
(b) Eemove 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" ;
106
REGISTRATION OF ELECTORS 23-3016
(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 by 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 whicll 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.
23-3014. Cancellation of registry for other reasons — reregistration.
(1) The registrar shall cancel any registration card:
(a) At the written request of the person registered;
(b) When a certificate of the death of any elector is filed;
(c) Within forty-five (45) days prior to the closing of registration
three (3) qualified registered electors residing within the precinct may
challenge an elector by filing affidavits giving the name of the challenged
elector, his registry number, his residence, and stating of the personal
knowledge of the affiant the person registered does not reside at the place
designated on his registration card;
(d) When the insanity of the elector is legally established;
(e) If a certified copy of a final judgment of conviction of any elector
of a felony is filed;
(f) If a certified copy of a court order directing the cancellation is
filed with the registrar.
(2) Within thirty (30) days after registration has been canceled, the
registrar shall send written notice to the elector at the address shown on
the registration card. If a person proves to the registrar that he is quali-
fied, he may reregister.
(3) At the close of registration, the court clerk of each county shall
send a list of those electors whose registrations have been cancelled
due to a felony conviction to the secretary of state. The secretary of
state shall compile a list of all such electors and send a copy of the list
to each registrar.
History: En. Sec. 33, Ch. 368, L. 1969; Felony Conviction
amd. Sec. 1, Ch. 299, L. 1971. A Montana voter cannot be denied the
Amendments r 'g nt to vote because of conviction of an
. offense in federal court that would not
The 1971 amendment added subsection be a fe ] ony by Montana statutory defini-
( 3 )- tion. Melton v. Oleson, — M — , 530 P
2d 466; overruling state ex rel. Anderson
v. Fousek, 91 M 448, 8 P 2d 791.
23-3016. Close of registration — procedure. (1) The registrar shall:
(a) Close registrations as follows: (i) for thirty (30) days before
any federal election; (ii) at noon the day before election for voters
107
23-3022
ELECTIONS
entitled under the provisions of section 23-3724, R.C.M. 1947, to register
to that time; (iii) for forty (40) days before any election other than here-
inabove provided.
(b) Immediately after closing registration send the secretary of state
a certificate showing the number of voters registered in each precinct
in a county;
Sixty (60) days before the election, publish notice in a newspaper
of general circulation in the county specifying the day registrations will
close and post the notice in each precinct. The published notice shall
continue for a period of twenty (20) days.
(2) The notice shall state that electors may register for the ensuing
election by appearing before the registrar or before any deputy registrar
as provided by law.
Durational Residency Requirements
Durational residency requirements of 3
months in county and one year in state
as conditions precedent to voting violate
the equal protection clause of the four-
teenth amendment; unreasonableness of
the classification was established by the
fact that the registration books in Ten-
nessee were not closed until 30 days be-
fore the election and this was ample time
to complete whatever administrative
tasks were necessary to ensure the purity
of the ballot box. Dunn v. Blumstein, 405
US 330, 31 L Ed 2d 274, 92 S Ct 995,
distinguished in 410 US 752, 757, 36 L Ed
2d 1, 93 S Ct 1245, 1249, 463 F 2d 54, 56,
468 F 2d 1213, 1216, 341 F Supp 1187,
1191, 350 F Supp 646, 651, 388 F Supp
1139, 1143, explained in 506 F 2d 900, 902.
History: En. Sec. 35, Ch. 368, L. 1969;
amd. Sec. 1, Ch. 385, L. 1971.
Amendments
The 1971 amendment rewrote subdivision
(1) (a) which formerly read, "Close all
registration for forty (40) days before
any election"; substituted "Sixty days
before the election" for "Twenty (20)
days before the closing" at the beginning
of the second paragraph of subdivision
(1) (b); and made minor changes in style
and phraseology.
Effective Date
Section 2 of Ch. 385, Laws 1971 provided
the act should be in effect from and
after its passage and approval. Approved
March 15, 1971.
23-3022. Residence, rules for determining. For registration or vot-
ing, the residence of any person shall be determined by the following rules
as far as they are applicable.
(1) The residence of a person is where his habitation is fixed, and to
which, whenever he is absent, he has the intention of returning.
(2) A person may not gain or lose a residence while kept involuntarily
at any public institution not necessarily at public expense, while confined
in any public prison, or while residing on a military reservation.
(3) A person in the armed forces of the United States may not become
a resident in consequence of being stationed at a military facility in the
state. A person may not acquire a residence by reason of being employed
or stationed at a training or other transient camp maintained by the United
States within the state.
(4) A person does not lose his residence if he goes into another state,
or other district of this state, for temporary purposes with the intention
of returning unless he exercises the election franchise in the other state
or district.
(5) A person may not gain a residence in a county if he comes in for
temporary purposes without the intention of making that county his home.
(6) If a person moves to another state with the intention of making
it his residence, he loses his residence in this state.
(7) If a person moves to another state with the intention of residing
108
REGISTRATION OF ELECTORS
23-3023
there for an indefinite time, he loses his residence in this state even though
he intends to return to this state at some future period.
(8) The place where a person's family resides is presumed that per-
son's place of residence. However, a person who takes up or continues a
residence at a place other than where his family resides with the intention
of remaining is a resident of the place where he resides.
(9) A change of residence can only be made by the act of removal
joined with intent to remain in another place. There can only be one
residence.
(10) The term of residence must be computed by including the day of
election.
History: En. Sec. 41, Ch. 368, L. 1969;
amd. Sec. 1, Ch. 394, L. 1971; amd. Sec.
1, Ch. 164, L. 1975; amd. Sec. 1, Ch. 177, L.
1975.
Compiler's Notes
This section was amended twice in
1975, once by Ch. 164 and once by Ch. 177.
Neither amendatory act mentioned the
other. Since the amendments do not appear
to conflict, the compiler has made a com-
posite section embodying the changes
made by both amendments.
Amendments
The 1971 amendment deleted "while em-
ployed in the service of the United States
or of this state" after "lose a residence"
in subdivision (2); and made a minor
change in punctuation.
Chapter 164, Laws of 1975, substituted
references to "person's" and "person" in
subdivision (8) for references to "man's"
and "man"; substituted "resides" for "re-
sided" before "with the intention of re-
maining" in subdivision (8); substituted
"day" for "date" in subdivision (10); and
made minor changes in phraseology.
Chapter 177, Laws of 1975, deleted
"while a student at any institution of
learning" in subdivision (2); and substi-
tuted "day" for "date" in subdivision
(10).
Residency Requirements
Durational residency requirements of 3
months in county and one year in state as
conditions precedent to voting violate the
equal protection clause of the fourteenth
amendment; unreasonableness of the classi-
fication was established by the fact that
the registration books in Tennessee were
not closed until 30 days before the elec-
tion and this was ample time to com-
plete whatever administrative tasks were
necessary to ensure the purity of the bal-
lot box. Dunn v. Blumstein, 405 US 330,
31 L Ed 2d 274, 92 S Ct 995, distinguished
in 410 US 752, 757, 36 L Ed 2d 1, 93 S Ct
1245, 1249, 463 F 2d 54, 56, 468 F 2d
1213, 1216, 341 F Supp 1187, 1191, 350 F
Supp 646, 651, 388 F Supp 1139, 1143,
explained in 506 F 2d 900, 902.
23-3023. Printing and posting of list of electors shown on precinct
registers. (1) The registrar shall have a list printed of all registered
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-office 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.
109
23-3027 ELECTIONS
(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; The 1973 amendment deleted "Ten (10)
amd. Sec. 2, Ch. 243, L. 1971; amd. Sec. days or more before any election," from
1, Ch. 201, L. 1973. the beginning of subsection (3); deleted
"or posted" from the end of subsection
Amendments (4) ; a nd deleted "posted and" and "and
The 1971 amendment deleted "or first posted" from subsection (5).
class school district" after "city" in sub-
section (1); and deleted "or school dis-
trict" after "city" in subsection (6).
23-3027. Charges to city or school district — warrant — when no precinct
registers required. (1) For each name entered on a precinct register
prepared for a city or school district, the registrar shall charge the city
or school district three cents ($.03). He shall also charge the actual ex-
pense incurred on account of the city or school district.
(2) The council or board of school trustees shall order a warrant
drawn for the expenses specified in subsection (1) of this section within
thirty (30) days after notification of the charges.
(3) If no general city election is required, the registrar shall not
prepare precinct registers.
(4) If there are only as many candidates nominated as there are
vacancies on a first class school district board of trustees, the registrar
shall not prepare precinct registers.
(5) "Within two (2) days after nominations are legally closed, the
city clerk or clerk of a first class school district shall notify the registrar
when no precinct registers are required.
History: En. Sec. 46, Ch. 368, L. 1969; tence of subsection (1); and deleted "in
amd. Sec. 3, Ch. 243, L. 1971. printing and posting the lists of electors,
publishing notice, and other expenses in-
Amendments curred" after "actual expense incurred"
The 1971 amendment deleted "first class" in the second sentence of subsection (1).
before "school district" in the first sen-
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 PRECINCTS
Section
23-3101. Establishment of election precincts — change of boundaries — certification of
changes — designation — map — boundary to conform to wards or school dis-
tricts.
23-3103. Designation of polling place.
23-3101. Establishment of election precincts — change of boundaries —
certification of changes — designation — map — boundary to conform to wards
110
ELECTION PRECINCTS 23-3103
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 change 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-
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, Ch. 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; Effective Date
amd. Sec. 1, Ch. 169, L. 1974. Section 2 of Ch. 169, Laws 1974 provided
111
23-3201 ELECTIONS
the act should be in effect from and after commissioners shall make an order desig-
its passage and approval. Approved March nating the place within each precinct
11, 1974. where the election will be held at the ses-
sion at which election judges are ap-
Amendments pointed. Copies of the order must be
The 1974 amendment rewrote this sec- posted immediately in three (3) public
tion. Prior to amendment it read "The places in the precinct."
CHAPTER 32
JUDGES AND CLERKS OF ELECTIONS
Section
23-3201. Appointment of election judges and clerks — second board of election judges
— duties.
23-3202. Manner of choosing election judges and clerks — vacancies — candidates and
their relatives ineligible — exceptions.
23-3203. Judges and clerks to serve until others appointed.
23-3204. Registrar to notify judges and clerks of their appointment and of im-
pending general elections — judges to post notices of election.
23-3206. Destruction of judges and clerks.
23-3201. Appointment of election judges and clerks — second board of
election judges — duties. (1) At their regular meeting next preceding a
general primary election, the commissioners shall appoint five (5) election
judges and two (2) clerks for each precinct having two hundred (200)
or more electors and three (3) election judges and two (2) clerks for each
precinct having less than two hundred (200) electors. Judges for new pre-
cincts shall be appointed based upon the estimated number of electors.
(2) If a precinct has three hundred fifty (350) or more electors,
the commissioners may appoint a second board of five (5) election judges
and two (2) clerks who shall have the same qualifications as the first board.
The second board shall:
(a) Meet at their respective polling places as ordered;
(b) Count and tabulate ballots as soon as the first board has com-
pleted their duties in regard to the voting.
(3) If counting and tabulating the ballots is not completed by 8 a. m.
on the day following the election, the first board shall reconvene and
relieve the second board until 8 p. m. when the second board shall again
reconvene and relieve the first board until the ballots are counted and
tabulated.
(4) The election judges constituting the boards shall number the
ballots and count the tally upon the tally sheets and indicate upon the tally
sheets the work of each board. The board completing the county shall
certify the returns as required by law.
History: En. Sec. 49, Ch. 368, L. 1969; Amendments
amd. Sec. 1, Ch. 258, L. 1971. The 1971 amendment inserted "and two
(2) clerks" in two places in subsection
(1) and in one place in subsection (2).
23-3202. Manner of choosing election judges and clerks — vacancies —
candidates and their relatives ineligible — exceptions. (1) The election
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.
112
JUDGES AND CLERKS 23-3206
(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; clerks" in subsections (1), (2), and (3);
amd. Sec. 2, Ch. 258, L. 1971; amd. Sec. 1, and substituted "may" for "must" after
Ch. 125, L. 1973. "The list of each party" in subsection (2).
The 1973 amendment added the second
Amendments sentence to subsection (2).
The 1971 amendment inserted "and
23-3203. Judges and clerks to serve until others appointed.
(1) The election judges and clerks continue to be judges of all elec-
tions held in their precincts until other judges and clerks are appointed.
(2) The commissioners shall fill vacancies which occur in the office
of election judge or clerk.
History: En. Sec. 51, Ch. 368, L. 1969; same qualifications as themselves to act
amd. Sec. 3, Ch. 258, L. 1971. as clerks of the election who serve at
the pleasure of the judges"; redesignated
Amendments former subsections (2) and (3) as sub-
The 1971 amendment deleted former sub- sections (1) and (2); inserted "and clerks"
section (1) reading, "The election judges in two places in subsection (1); and added
may appoint two (2) persons having the "or clerk" in subsection (2).
23-3204. Registrar to notify judges and clerks of their appointment
and of impending general elections — judges to post notices of election.
(1) The registrar must notify the election judges and clerks in writing
of their appointment.
(2) Twenty (20) days or more before any general election, the registrar
shall mail two (2) notices of the election to the election judges. The notices
shall be in the form prescribed by the secretary of state.
(3) Ten (10) days or more prior to the election, the election judges
shall post one (1) notice at the place where the election will be held and
the other in one (1) of the most public places in the precinct.
History: En. Sec. 52, Ch. 368, L. 1969; Amendments
amd. Sec. 4, Ch. 258, L. 1971. The 1971 amendment inserted "and
clerks" in subsection (1).
23-3206. Instruction of judges and clerks. (1) Before each election,
all election judges and clerks who do not possess a certificate of instruc-
tion shall be instructed by a person named by the commissioners in the
powers, duties, and liabilities of election judges.
(2) The instructor shall call meetings as necessary.
(a) The election judges and clerks shall attend each meeting and
receive at least two (2) hours of instruction.
113
23-3301 ELECTIONS
(b) Each election judge and clerk shall receive compensation fixed
by the commissioners at the prevailing federal minimum wage for in-
struction to be paid at the same time and in the same manner as for
services on election day.
(3) Each judge and clerk shall receive a certificate of completion
from the instructor upon completion of the course. Each certificate is
valid for a period of two (2) years.
(4) No person shall serve as election judge or clerk without a valid
certificate. However, this does not apply to persons filling vacancies
in emergencies.
(5) Notice of place and time of instruction must be given to the
county chairmen of the two (2) major political parties by the commis-
sioners.
History: En. Sec. 54, Ch. 368, L. 1969; clerks" in subdivisions (1), (2) (a), (2)
amd. Sec. 5, Ch. 258, L. 1971. (b), and (3); and inserted "or clerk" in
subsection (4).
Amendments
The 1971 amendment inserted "and
CHAPTER 33
PEIMARY ELECTIONS AND NOMINATIONS BY CERTIFICATE
Section
23-3302. Primaries in cities over certain size — procedure.
23-3304. Declaration of nomination — filing — fees — printing of victorious write-in can-
didates on general election ballot.
23-3308. Ballots, how arranged and voted.
23-3313. Abstracts of votes, when and how made — decision by lot in event of tie —
certificate for compensation — highest number of votes nominates.
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.
23-3318. Certificates of nomination by individuals or parties not appearing on pre-
ceding general election ballot- — requisites — applicability.
23-3318.1. Determination of number of signatures required in census divisions.
23-3321. Declining nomination — vacancies before and after primary.
23-3322. Date of presidential primary.
23-3323. Ballot.
23-3324. Ballot listings.
23-3325. Nomination petition.
23-3326. Submission and verification of petition.
23-3327. Notification of candidates.
23-3328. Delegates to national presidential nominating conventions.
23-3301. Date of primary election — candidates to be selected.
DECISIONS UNDER FORMER LAW
Constitutional Convention since this wouW be a substantial change
Legislative assembly was not empow- from manner of election and nomination
ered to provide for nomination and elec- provided for under this chapter. Forty-
tion of delegates to constitutional conven- Second Legislative Assembly v. Lennon,
tion under article XIX, sec. 8 of the 1889 156 M 416, 481 P 2d 330, distinguished in
constitution solely by nonpartisan means, 159 M 176, 185, 496 P 2d 1120, 1125.
23-3302. Primaries in cities over certain size — procedure. In cities
having a population of three thousand five hundred (3,500) or more as
shown by the most recent federal or state census:
114
PRIMARY ELECTIONS AND NOMINATIONS 23-3304
(1) The nomination of candidates by primary election for city offices
shall be subject to the provisions of this chapter;
(2) Political parties shall file declarations of nominations for city
offices with the city clerk;
(3) The duties of the city clerk are the same as the registrar in con-
ducting the primary elections, and the city clerk shall send notices of
the primary election in the same manner as registrars send notices for
nominations for county offices at primary elections;
(4) On the fourteenth day preceding a city election, the cities shall
hold primary elections;
(5) If no declarations are filed forty (40) days or more before the
primary election, no primary election shall be held and the city clerk shall
certify to the registrar thirty- five (35) days or more before the date of
the primary election that no petitions have been filed;
(6) The council shall;
(a) establish city voting precincts and wards,
(b) appoint city judges and clerks of elections and other officers
necessary for the election,
(c) perform other necessary duties in the same manner prescribed for
city elections.
History: En. Sec. 57, Ch. 368, L. 1969; Amendments
amd. Sec. 2, Ch. 343, L. 1971. The 1971 amendment made a minor
change in punctuation.
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, or in the case of a candidate who cannot afford the filing
fee, send with it the documents required in lieu of a filing fee. The declara-
tion of nomination shall 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;
115
23-3308 ELECTIONS
(c) For the offices of county commissioner;
(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, within
at. least ten (10) days after the primary a written declaration indicating
his acceptance of the nomination ;
(b) Pays the required filing fee;
(c) Received at least five per cent (5%) of the votes cast for the
office at the last preceding general election.
(7) Indigent candidates. If a person is unable to pay a filing fee, the
filing officer shall accept the following documents in lieu of a filing fee:
(a) from a write-in candidate, a verified statement that he is unable
to pay the filing fee ;
(b) from a candidate for nomination, a verified statement that he is
unable to pay the filing fee and a written petition for nomination as a
candidate that meets the following requirements :
(i) contains the name of the office to be filled, the candidate's name,
residence, occupation and business address ;
(ii) is signed by 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 ; and
(iii) is signed by electors residing within the political division of the
state in which the candidate petitions for nomination.
(8) 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, L. 1969; (a); and made a minor change in phrase-
amd. Sec. 1, Ch. 28, L. 1973; amd. Sec. 1, ology.
Ch. 246, L. 1975. The 1975 amendment inserted in sub-
section (2) "or in the case of a candidate
Amendments wno eannot afford the filing fee, send with
The 1973 amendment added the second it the documents required in lieu of a
sentence to subdivision (1); substituted filing fee. The declaration of nomination
"legislature" for "legislative assembly" in shall"; inserted "within" before "at least
subdivision (5) (a); deleted "or lieu- ten (10) days" in subdivision (6) (a);
tenant governor" from subdivision (5) inserted subsection (7) and redesignated
former subsection (7) as subsection (8).
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
116
PRIMARY ELECTIONS AND NOMINATIONS 23-3313
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 ballot 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 shall 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 ballot, the ballot shall
count for the person only as a candidate of the party upon whose ticket his
name is written;
(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, Ch. 28, L. 1973. The 1973 amendment inserted the sec-
ond sentence in subdivision (2).
23-3313. Abstracts of votes, when and how made — decision by lot in
event of tie — certificate for compensation — highest number of votes nomi-
nates. (1) At 8 a.m. on the third day after the close of any primary
election, or at 8 a. m. on a day sooner if all the returns are in, the registrar,
taking two (2) assistants who are justices of the peace, county commis-
sioners, or either, shall open the returns and make abstracts of the votes.
(2) Abstracts of votes for nomination of each party for governor,
lieutenant governor, secretary of state, attorney general, state auditor,
superintendent of public instruction, public service commissioners, clerk
117
23-3314 ELECTIONS
of the supreme court, state treasurer, justices of the supreme court, United
States senators, United States representatives, judges of the district court,
and members of the legislative assembly, shall be on one (1) sheet,
separately for each political party, and shall be forthwith transmitted to
the secretary of state, as required by section 23-3314.
(3) Abstracts of votes for county and precinct offices shall be placed
on separate sheets for each political party, and the registrar shall certify
the nomination for each party and enter upon his register of nominations
the name of each of the persons having the highest number of votes for
nomination. He shall notify each person who is nominated by mail.
(4) If there is a tie for the same nomination in one (1) party, the
registrar shall notify the affected persons to come to his office at a time
set by the registrar. The registrar shall then decide publicly by lot which
of the persons is the nominee. The registrar shall enter the name of the
person chosen as nominee upon his register of nominations.
(5) The registrar shall, on receipt of the primary returns, make out
a certificate stating the compensation the election clerks and judges are
entitled to and transmit this certificate to the commissioners. The com-
missioners shall order the compensation paid out of the county treasury.
(6) In all primary elections, the person having the highest number
of votes for nomination to any office is the nominee for his political party
for that office.
History: En. Sec. 68, Ch. 368, L. 1969; Amendments
amd. Sec. 22, Ch. 315, L. 1974. The 1974 amendment substituted "pub-
lic service commissioners" for "railroad
commissioners" in subsection (2).
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 of state, state treasurer, state
auditor, justices of the supreme court, clerk of the supreme court, judges
of the district court, members of the legislative assembly, and all other
officers voted in any district comprising more than 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
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.
118
PRIMARY ELECTIONS AND NOMINATIONS 23-3318
History: En. Sec. 69, Ch. 368, L. 1969; division (2); and deleted "lieutenant
amd. Sec. 3, Ch. 28, L. 1973; amd. Sec. 22, governor" later in subdivision (2).
' ' ' The 1974 amendment substituted "pub-
Amendments lie service commissioners" for "railroad
The 1973 amendment inserted "and lieu- commissioners" in subsection (2).
tenant governor" after "governor" in sub-
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.
(1) 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; primary election as established by law"
amd. Sec. 1, Ch. 59, L. 1971; amd. Sec. 1, for "The candidates for nomination shall
Ch. 237, L. 1973. file the certificates ninety (90) days prior
Amendments *° *' ie ^ a * e °^ * ne general election" in
subsection (5); and inserted "90 days
The 1971 amendment added the second pr j or to the date f the general election"
sentence of paragraph (5), relating to at the en ^ f t h e first sentence in sub
the filing of certificates of nomination by section (6).
candidates for municipal offices.
The 1973 amendment inserted "general" Effective Date
before "election" throughout the section; Section 2 of Ch. 59, Laws 1971 pro-
substituted "Except as provided in sub- vided the act should be in effect from
section (6), such certificates shall be filed and after its passage and approval. Ap-
on or before the filing deadline for the proved February 24, 1971.
119
23-3318.1 ELECTIONS
23-3318.1. Determination of number of signatures required in census
divisions. In the case of candidates for the Montana House of Repre-
sentatives, the Montana Senate, and the Montana Constitutional Con-
vention who may be required to run in districts embracing census enumer-
ator divisions located in more than one county, the secretary of state shall,
for those counties split along census enumerator divisions, determine
the number of signatures needed for nominating petitions of independent
candidates in such districts. The determination shall be based on the
most recent federal census population figures for the district.
History: En. Sec. 1, Ch. 6, 2nd Ex. Effective Date
L. 1971.
Section 2 of Ch. 6, 2nd Ex. Laws
Title of Act 1971 rea a "This act is effective on its
An act to authorize the secretary of passage and approval and shall remain
state to determine the number of signa- in effect until such time as the procedures
tures needed for nominating petitions of in section 23-3318, E. C. M. 1947, can be
independent candidates; and providing an followed."
effective date.
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 which 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, L. 1969; district however constituted" for "a multi-
amd. Sec. 5, Ch. 254, L. 1971; amd. Sec. county district" in subsection (3); in-
4, Ch. 28, L. 1973. serted "or district" after "from each coun-
ty" in subdivision (3) (a); inserted "of
Amendments the county r district" after "central eom-
The 1971 amendment substituted "any mittees" in subdivision (3) (a); and in-
120
PRIMARY ELECTIONS AND NOMINATIONS 23-3327
serted "accompanied by the proper filing The 1973 amendment added subdivision
fee" in subdivision (3) (c). (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, Title of Act
L. 1974. An act to provide for a presidential
preference primary election in Montana.
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
shall, in addition, include a presidential ballot position which shall be des-
ignated 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,
121
23-3328 ELECTIONS
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. Delegates 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 PAETIES, COMMITTEEMEN AND COMMITTEES
Section
23-3405. Organization of committee — meeting — county convention 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
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.
122
ELECTION SUPPLIES AND BALLOTS 23-3513
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 pr oxy» 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
23-3509. Printing of candidate's name and party designation on ballot — no party
designation for candidates for supreme and district court judgeships — ■
persons nominated by more than one party.
23-3513. Order of placement.
23-3515. Stub, size and contents.
23-3509. Printing of candidate's name and party designation on ballot
— no party designation for candidates for supreme and district court
judgeships — persons nominated by more than one party. (1) Candidates'
names shall be printed in one place on the ballot with the name of the
party or political organization, as found in the certificate of nomination
in not more than three (3) words, printed opposite the name.
(2) The names of candidates for chief justice, associate justices, and
district court judges shall be followed by: "Nominated without party
designation."
(3) If a person is nominated for the same office by more than one
(1) party, he shall file a written election with the officer with whom
he filed his declaration of nomination in the time required to file the
declaration. If he fails or neglects to file an election, his name shall ap-
pear under the party with whom his nominating declaration was first
filed.
History: En. Sec. 92, Ch. 368, L. 1969; name sna11 appear under the party with
amd. Sec. 2, Ch. 254, L. 1971. whom his nominating declaration was first
filed" for "no party designation shall be
Amendments placed opposite his name" at the end of
The 1971 amendment substituted "his the second sentence of subsection (3).
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;
123
23-3515 ELECTIONS
(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 offices 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 shall 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; redesignated the succeeding items in sub-
amd. Sec. 5, Ch. 28, L. 1973; amd. Sec. 22, division (1).
Ch. 315, L. 1974. The 1974 amendment substituted "Pub-
lic service commissioners" for "Eailroad
Amendments an( j public service commissioners" in sub-
The 1973 amendment combined former division (l)(a)(i).
subdivisions (1) (d) and (1) (e); and
23-3515. Stub, size and contents. (1) The ballot shall be printed on
the same leaf with a stub, and separated by a perforated stub.
(2) The stub shall extend the entire width of the ballot, and have
instructions printed on it.
(3) Upon the face of the stub shall be printed, in type called brevier
capitals, the following:
(a) "This ballot should be marked with an 'X' in the square before
the names of each person or candidate for whom the elector intends to
vote. The elector may write in blank spaces, or paste over another name,
the name of a person for whom he wishes to vote, and vote by marking
an 'X' in the square before the name."
(b) "If a ballot contains a constitutional amendment, or other ques-
tion to be submitted to a vote of the people, it is voted on by marking
an 'X' in the square before the amendment or question."
(4) On the front of the stub shall be printed or stamped by the regis-
trar or other officer, the consecutive number of the ballot, beginning with
number one (1) and increasing in regular numerical order to the total
number of ballots required for the precinct.
History: En. Sec. 98, Ch. 368, L. 1969; Amendments
amd. Sec. 1, Ch. 414, L. 1975. The 1975 amendment substituted "On
the front" for "On the back" at the be-
ginning of subsection (4).
124
CONDUCT OF ELECTIONS 23-3610
CHAPTER 36
CONDUCT OF ELECTIONS— THE POLLS— VOTING AND BALLOTS
Section
23-3601. Instruction cards, printing, distribution, posting and contents of — display of
official ballots.
23-3610. Marking precinct register book before elector votes — procedure.
23-3601. Instruction cards, printing, distribution, posting and contents
of— display of official ballots. (1) The registrar shall print on cards in-
structions to electors on how to vote.
(2) He shall furnish six (6) cards to the election judges in each pre-
cinct and one (1) additional card for each fifty (50) registered electors or
fractional part of fifty (50) at the same time ballots are furnished.
(3) The election judges shall post at least one (1) card in each com-
partment provided for the preparation of ballots, and not less than three
(3) of the cards elsewhere about the polling place.
(4) The cards shall contain instructions in bold large type:
(a) On how to obtain ballots for voting;
(b) On how to prepare ballots for deposit in the ballot box;
(c) On how to obtain a new ballot in place of one spoiled by accident;
(d) A copy of sections 23-4707, 23-4711, 23-4712, 23-4713, 23-4714, and
23-4715, R.C.M. 1947.
(5) Official ballots provided for in chapter 35 of this act shall be posted
in each booth or compartment and in three (3) conspicuous places about
the polling place.
History: En. Sec. 101, Ch. 368, L. 1969. 4713, 23-4714, and 23-4715, referred to in
subdivision (4) (d), were originally num-
CompUer s Notes bered 9 4. 1407j 94.1411, 94-1412, 94-1413,
Sections 23-4707, 23-4711, 23-4712, 23- 94-1414, and 94-1415.
23-3605. Prohibited conduct.
Cross-References Electioneering by election officials, pen-
Disclosing contents of ballot after mark- a ^y, 23-4713.
ins nenaltv 23-4714 Solicitation of votes on election day, sec.
S ' F " ' 23-4753.
23-3610. Marking precinct register book before elector votes — pro-
cedure. (1) The election judges at every primary, general or special
election shall, in the precinct register book, mark a cross (X) upon the
line opposite to the name of the elector.
(2) Before an elector is permitted to vote, the election judges shall
require the elector to sign his name on the place designated in the precinct
register.
(3) The election judges shall require an elector not able to sign his
name to produce two (2) electors who shall make an affidavit before the
election judges, or one (1) of them, in a form prescribed by the secretary
of state.
(4) The affidavit shall be filed by the election judges, and returned to
the registrar with the returns of the election. One (1) of the judges shall
write the elector's name, note the fact of his inability to sign, and the
names of the two (2) electors.
125
23-3611 ELECTIONS
(5) If the elector fails or refuses to sign his name, and if unable
to write fails to procure two (2) electors who will take the oath required,
he shall not be allowed to vote.
(6) Immediately after the canvass of the returns, the election judges
shall deliver to the registrar the official register, sealed, with the election
returns and pollbook which have been used for the election.
(7) Each precinct shall keep a list of persons voting, and the name of
each person who votes shall be entered in it and numbered in the order
voting. This list is known as the pollbook.
History: En. Sec. 110, Ch. 368, L. 1969; Amendments
amd. Sec. 3, Ch. 254, L. 1971. T h e 1971 amendment inserted "primary"
in subsection (1).
23-3611. Grounds of challenge.
Cross-References
Challenges at nominating elections, sec.
23-4746.
CHAPTER 37
ABSENTEE VOTING AND REGISTRATION
Section
23-3703. Application of absentee or physically incapacitated person for ballot.
23-3704. Form of application — manner.
23-3706. Mailing ballot to elector — affirmation — electors in the United States service.
23-3707. Marking and affirming to ballot by elector.
23-3709. Delivery of ballots to election judges — ballots to be rejected — ballots not to
count.
23-3712. Voting before election day by prospective absentee or physically incapaci-
tated elector.
23-3713. Envelopes containing ballots — deposit in box and rejection of ballot.
23-3717. False affirmation perjury — official misconduct a misdemeanor.
23-3718. "Elector in the United States service" defined.
23-3720. Oath for elector in United States service.
23-3721. Classification of federal post card application.
23-3724. Registration of electors whose United States service or employment has
terminated.
23-3701. Voting by elector when absent from place of residence or
physically incapacitated from going to polls.
Compiler's Notes
Sections 23-3722 and 23-3723, referred
to in the text, were repealed by Sec. 2,
Ch. 396, Laws of 1975.
23-3703. Application of absentee or physically incapacitated person for
ballot. During a period beginning seventy-five (75) days before the day of
election and ending at 12 noon on the day before the election, an elector
expecting to be absent from the county in which his voting precinct is
situated, an elector in United States service, or an elector who will be un-
able to go to the polls because of physical incapacity may apply to the
registrar or city clerk for an absentee ballot.
History: En. Sec. 121, Ch. 368, L. 1969; Amendments
amd. Sec. 1, Ch. 145, L. 1975. The 19?5 amendment i ncre ased the time
period from 45 days to 75 days; and made
a minor change in phraseology.
126
ABSENTEE VOTING AND REGISTRATION 23-3706
23-3704. Form of application— manner. (1) Application for absen-
tee ballots shall be made on a form furnished by the registrar of the county
of which the applicant is an elector, the city clerk, or clerk of a first class
school district. The form shall be prescribed by the secretary of state ex-
cept as provided in section 23-3702.
(2) The applicant shall subscribe the application affirming that the in-
formation contained in the application is true and complete to the best of
his knowledge. The application is not complete without this affirmation.
(3) Application for an absentee ballot may be made by any elector in
the United States service by the federal post card application or by any
written request signed by the applicant, addressed to the registrar of the
applicant's residence.
History: En. Sec. 122, Ch. 368, L. 1969; best of his knowledge" for "and swear to
amd. Sec. 1, Ch. 287, L. 1975. it before an officer authorized to admin-
ister oaths" in the first sentence of sub-
Amendments section (2); and substituted "affirmation"
The 1975 amendment substituted "af- for "affidavit" in the second sentence of
firming that the information contained in subsection (2).
the application is true and complete to the
23-3706. Mailing ballot to elector — affirmation — electors in the United
States service. (1) Either upon receipt of the application or immediately
after the official ballot for the precinct of the applicant's residence has been
printed, the registrar, city clerk, or clerk of a first class school district shall
send by mail, postage prepaid, whatever official ballots are necessary.
(2) The proper officer shall enclose an envelope with the ballots which
has written on the front the name, title, and post-office address of the offi-
cer sending it, and upon the other side a printed affirmation in a form pre-
scribed by the secretary of state.
(3) Both the envelope in which the ballot is mailed to an elector in the
United States service and the return envelope shall have printed across
the face two parallel horizontal red bars, each one-quarter (}/±) inch wide,
extending from one side of the envelope to the other, with an intervening
space of one-quarter (}4) inch, with the words "Official Election Ballot Ma-
terial — via Air Mail," between the bars. In the upper right-hand corner
shall be printed "Free of U.S. Postage." In the upper left-hand corner shall
be blanks sufficient for the recipient to place his return address. All print-
ing on the face of the envelope shall be in red. The gummed flap of the
envelope supplied for the return of the ballot shall be separated by wax
paper or other appropriate protective insert. Voting instructions provided
in subparagraph (5) of this section shall include a procedure to be fol-
lowed by absentee voters, such as notation of the facts on the back of the
envelope duly signed by the voter, in instances of adhesion of the balloting
material.
(4) The return address shall be self-addressed to the registrar or
city clerk.
(5) Instructions for voting shall be enclosed with the ballots for
electors in the United States service. Instructions shall include information
concerning the type or types of writing instruments which may be used
to mark the absentee ballot.
127
23-3707 ELECTIONS
History: En. Sec. 124, Ch. 368, L. 1969; added the second sentence to subsection
amd. Sec. 1, Ch. 246, L. 1971; amd. Sec. (5).
2, Ch. 287, L. 1975. The 1975 amendment substituted "af-
firmation" for "affidavit" in subsection
Amendments (2) ; and deleted "and witnessing officer"
The 1971 amendment added the fifth after "signed by the voter" near the end
and sixth sentences to subsection (3); and of subsection (3).
23-3707. Marking and affirming to ballot by elector. (1) The elector
shall complete the affirmation at the time he executes his vote.
(2) The elector shall mark each ballot in a manner so no other person
can see the vote.
(3) The elector shall fold the ballot to conceal the vote and shall place
it in the envelope and seal it.
(4) The elector shall sign at the end of the certificate and affirmation.
(5) The elector shall mail the envelope, postage prepaid, or deliver it
to the registrar, city clerk, or clerk of a first class school district.
History: En. Sec. 125, Ch. 368, L. 1969; for "the officer cannot see the vote" at the
amd. Sec. 3, Ch. 287, L. 1975. end of subsection (2); deleted "in the
presence of the officer" after "conceal the
Amendments vote » j n subsection (3); deleted "in the
The 1975 amendment substituted "affir- officer's presence" before "place it in the
mation at the time he executes his vote" envelope" in subsection (3); substituted
for "affidavit before an officer authorized "elector shall sign" for "officer shall sign"
by law at the place of execution to ad- in subsection (4) ; substituted "affirma-
minister oaths" in subsection (1); deleted tion" for "affidavit" at the end of sub-
"in the presence of the officer only" after section (4); and made minor changes in
"mark each ballot" in subsection (2); sub- phraseology,
stituted "no other person can see the vote"
23-3709. Delivery of ballots to election judges — ballots to be rejected —
ballots not to count. (1) If the absentee ballot is received prior to de-
livery of the official ballots to the election judges, the registrar or clerk
shall deliver the larger envelope to the judges at the same time the ballots
are delivered.
(2) If absentee ballots are received after the ballots are delivered to
the election judges, but prior to the close of the polls, the registrar or
clerk shall immediately deliver the larger envelopes to the judges.
(3) If absentee ballots are received by the registrar or clerk for
which application was not received prior to twelve (12) noon on the day
preceding an election, or received after the close of the polls, the clerk
shall endorse upon the voter's envelope the date and exact time of re-
ceipt and the words "To be rejected." Absentee ballots so endorsed shall
be delivered to the election judges of the precinct or retained by the
registrar or clerk if the judges have adjourned and shall be rejected.
(4) If an elector votes absentee ballot and dies between the time of
balloting and election day, his ballot will not count.
History: En. Sec. 127, Ch. 368, L. 1969; serted "or received after the close of the
amd. Sec. 4, Ch. 254, L. 1971. polls" in the first sentence of subsection
. , (3); inserted "or retained by the registrar
en en s or ^g^ j£ ^g j uc jg es have adjourned"
The 1971 amendment inserted "but prior in the second sentence of subsection (3);
to the close of the polls" in subsection (2); and made minor changes in phraseology
deleted "by mail postage prepaid" after and style,
"larger envelopes" in subsection (2); in-
128
ABSENTEE VOTING AND REGISTRATION 23-3713
23-3712. Voting- before election day by prospective absentee or physi-
cally incapacitated elector. (1) An elector who is present in his county
after the official ballots of his county or school district have been printed
who has reason to believe that he will be absent from the county or school
district or physically incapacitated on election day, may vote before elec-
tion day before the registrar, city clerk or school district clerk.
(2) The provisions of this chapter apply to such voting.
(3) If the ballot is marked before the registrar, city clerk or school
district clerk, he shall deal with it in the same manner as if it had come
by mail.
History: En. Sec. 130, Ch. 368, L. 1969; end of subsection (1) "or some officer
amd. Sec. 4, Ch. 287, L. 1975. authorized to administer oaths and having
the official seal"; and made a minor
Amendments change in punctuation.
The 1975 amendment deleted from the
23-3713. Envelopes containing ballots — deposit in box and rejection of
ballot. (1) "While the polls are open on election day, the election judges
shall first open the outer envelope only, and compare the signature of the
voter on the application and on the affirmation.
(2) If the election judges find that the signatures correspond, that the
affirmation is sufficient, and that the absentee elector is qualified and has
not yet voted, they shall open the absentee voter's envelope and take out the
ballot or ballots and, without unfolding it or permitting it to be examined,
ascertain whether the stub is still attached and whether the number cor-
responds to the number in the certificate of the registrar or city clerk.
(3) If so, they shall endorse it the same way that other ballots are
endorsed, detach the stub, deposit the ballots in the proper ballot boxes,
and make entries in their election records to show the elector has voted.
(4) If the affirmation is found defective, the numbers do not corre-
spond, or the voter is unqualified, the election judges, without opening the
absentee ballot, shall mark across the face of it "rejected as defective" or
"rejected as not an elector."
(5) The absentee ballot envelope, when it has been voted or rejected,
shall be deposited in the ballot box containing the general or party ballots,
and shall be retained and preserved in the manner provided for official
ballots.
(6) If, upon opening the absentee ballot envelope, it is found that the
stub of any ballot has been detached, or that the number does not correspond
to the number on the certificate of the registrar or clerk, the ballot shall
be rejected. It shall be marked on back as "rejected for ," filling
the blank with the reason. This statement shall be dated and signed by
a majority of the election judges.
(7) The rejected ballots, together with the absentee ballot envelope
bearing the application shall be enclosed in an envelope, sealed, and the
judges shall write on the envelope, "rejected ballot of absentee voter"
(writing in the elector's name). "The rejected ballot(s) is (are) "
(8) The election judges shall designate the rejected ballot as "general
ballot," if it is a ballot for candidates that are rejected.
(9) If the rejected ballot is on a question submitted to the vote of
the electors, the judges shall designate it as ballot question No
in the certificate on the envelope.
129
23-3717 ELECTIONS
(10) A separate enclosing envelope shall be used for each absentee
ballot rejected. This envelope shall be placed in the envelope in which
the other ballots voted are required to be placed and shall not be opened
without a court order.
(11) The registrar or clerk shall provide and deliver to the election
judges suitable envelopes for enclosing rejected absentee ballots.
History: En. Sec. 131, Ch. 368, L. 1969; Amendments
amd. Sec. 5, Ch. 287, L. 1975. The 1975 amendment substituted refer-
ences to "the affirmation" for references
to "the affidavit" in subsections (1), (2)
and (4).
23-3717. False affirmation perjury — official misconduct a misdemeanor.
(1) If a person willfully makes false statements in an affirmation required
by this chapter he is guilty of perjury.
(2) If the registrar, clerk, or any election officer :
(a) Refuses or neglects to perform any duties prescribed by this act.
(b) Makes false statements in his certificate regarding affirmations,
(c) Looks at any marks made by the voter upon the ballot,
(d) Allows any person other than the voter to be present at the
marking of such ballot,
(e) Sees any marks made by the voter on the ballot, he is guilty
of a misdemeanor and upon conviction shall be fined not more than five
hundred dollars ($500), imprisoned in the county jail for not more than
six (6) months, or both.
History: En. Sec. 135, Ch. 368, L. 1969; false statements in an affirmation re-
amd. Sec. 6, Ch. 287, L. 1975. quired by this chapter" for "swears
falsely to any affidavit" in subsection (1);
Amendments and substituted "affirmations" for "affi-
The 1975 amendment substituted "makes davits" in subdivision (2) (b).
23-3718. "Elector in the United States service" defined. "Elector in
the United States service" means:
(1) A member of the armed forces in the active service, and his
spouse and dependents;
(2) A member of the merchant marine of the United States and his
spouse and dependents;
(3) A member of a religious group or welfare agency assisting
members of the armed forces of the United States who are officially at-
tached to and serving the armed forces, and his spouse and dependents;
(4) A citizen of the United States temporarily residing outside the
territorial limits of the United States and the District of Columbia and
his spouse and dependents when residing with or accompanying him.
History: En. Sec. 136, Ch. 368, L. 1969; reading "A civilian employee of the United
amd. Sec. 1, Ch. 249, L. 1971. States in all categories serving outside the
territorial limits of the several states of
Amendments the United States or in the District of
The 1971 amendment inserted subdivi- Columbia and his spouse and dependents
sion (2); and revised and redesignated when residing or accompanying him."
as subdivision (4) former subdivision (2)
23-3720. Oath for elector in United States service. (1) Any oath re-
quired for electors in the United States service to register, request a ballot,
or vote, may be administered and attested, within or without the United
130
ABSENTEE VOTING AND REGISTRATION 23-3724
States, by any commissioned officer in active service, any member of the
merchant marine of the United States designated for this purpose by
the secretary of commerce, the head of any department or agency of the
United States, any civilian official empowered by state or federal law to
administer oaths, or any civilian employee designated by the head of any
department or agency of the United States.
(2) No official seal is required to be affixed to the oath and neither the
elector nor the certifying officer need disclose his whereabouts at the
time of taking the oath except to the extent required by the federal post
card application.
History: En. Sec. 138, Ch. 368, L. 1969; agency of the United States" in the middle
amd. Sec. 1, Ch. 248, L. 1971. of subsection (1); added "or any civilian
employee designated by the head of any
Amendments department or agency of the United
The 1971 amendment inserted "any mem- States" at the end of subsection (1); and
ber of the merchant marine * * * or made a minor change in phraseology.
23-3721. Classification of federal post card application. (1) Upon re-
ceipt by the registrar of a federal post card application properly filled
out and signed under oath, the registrar shall classify the application ac-
cording to the precinct in which the elector resides and arrange the cards
in each precinct in alphabetical order.
(2) The registrar shall, upon receipt of any federal post card applica-
tion, immediately enter upon the official register of the county in the
proper precinct the full information given by the elector.
(3) Immediately upon entry in the official registry of the name of
the elector the registrar shall send to him by the fastest mail service
available a notice that he has been registered and informing him that in
order to secure a ballot he must mail at any time within forty-five (45)
days preceding the election another federal post card application to his
registrar or city clerk.
(4) A federal post card application received from an elector in the
United States service within forty-five (45) days preceding an election shall
be treated as a simultaneous application for registration and for ballot.
Where the elector is already registered the federal post card application
shall be treated as an application for a ballot.
History: En. Sec. 139, Ch. 368, L. 1969; in the official registry of the name of
amd. Sec. 1, Ch. 250, L. 1971. the elector send to him by the fastest mail
service available a notice that he has
Amendments been registered and informing him that
The 1971 amendment rewrote subsection in order to secure a ballot he must mail
(3) which formerly read, "If an elector at any time within forty-five (45) days
in the United States service has not al- preceding the election another federal post
ready requested an absentee ballot, the card application to his registrar or city
registrar shall, immediately upon entry clerk"; and added subsection (4).
23-3722, 23-3723. Repealed.
Repeal U on f voters absent from the count v.
Sections 23-3722 and 23-3723 (Sees. 140, were repealed by Sec 2, Ch. 396, Laws
141, Ch. 368, L. 1969), relating to registra- 1975. For present law, see sec. 23-3006.
23-3724. Registration of electors whose United States service or em-
ployment has terminated. Electors in the United States service who have
been honorably discharged from the armed forces of the United States
or who have terminated their service or employment outside the terri-
131
23-3812 ELECTIONS
torial limits of the United States too late to register at the time when, and
place where, registration is required, shall be entitled to register for the
purpose of voting at the next ensuing election after such discharge or
termination of employment up to 12 noon on the day before the election,
provided that said elector shall execute a sworn affidavit qualifying him
under this section, to be filed in the office of his registration. County
registrar shall provide to the person registering under the provisions
of this section, a certificate stating the precinct in which he is entitled
to vote which shall be presented to the election judges of that precinct
at the time of voting.
History: En. 23-3724 by Sec. 1, Ch. lating to absentee voting and registra-
247, L. 1971. tion, providing for the registration of
electors whose United States services or
Title of Act employment has terminated too late to
An act to amend Title 23, Chapter 37, register in person to vote in the next
R.C.M. 1947, by adding a new section re- ensuing election.
CHAPTER 38
VOTING MACHINES
Section
23-3812. Assistance to illiterate, blind or physically disabled voters.
23-3812. Assistance to illiterate, blind or physically disabled voters.
[(1)] A voter who declares he is unable to vote because he cannot read or
write, is blind, or physically disabled shall be assisted as provided in
section 23-3609.
(2) A person who deceives an elector voting under this section shall
be punished as provided in section 23-4707, R.C.M. 1947.
History: En. Sec. 153, Ch. 368, L. 1969. Compiler's Notes
The compiler has inserted the bracketed
subsection designation "(1)."
Section 23-4707 was originally numbered
94-1407.
CHAPTER 40
CANVASS OP VOTES— RETURNS AND CERTIFICATES
Section
23-4007. Disposition of items by registrar.
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) The registrar shall file the envelopes or packages containing the
precinct registers, certificates of registration, pollbooks, tally sheets, and
oaths of election officers. He shall keep them unopened until the com-
missioners meet to canvass the returns. The commissioners shall open
the envelopes or packages.
132
CONTESTS OF BOND ELECTIONS 23-4201
(3) Immediately after the returns are canvassed, the registrar shall
file the pollbooks, election records, and the papers delivered to the com-
missioners.
History: En. Sec. 177, Ch. 368, L. 1969; proved incinerator * * * under his on-site
amd. Sec. 1, Ch. 100, L. 1974. supervision" at the end of subsection (1);
and made a minor change in phraseolosry.
Amendments * bJ
The 1974 amendment inserted "in an ap-
23-4016. State canvassers, composition and meeting of board.
Cross-References
Board transferred to office of secretary
of state, sec. 82A-2102.
CHAPTER 42
CONTESTS OF BOND ELECTIONS
Section
23-4201. Grounds for challenge.
23-4201. Grounds for challenge. (1) Any elector qualified to vote
in a bond election of a county, city, or of any political subdivision of either
may contest a bond election, for any of the following causes:
(a) That the precinct board in conducting the election or in canvassing
the returns, made errors sufficient to change the result of the election;
(b) That any official charged with a duty under this act, failed to per-
form that duty ;
(c) That in conducting the election, any official charged with a duty
under this act, violated any of the provisions of this act relating to bond
elections ;
(d) That electors qualified to vote in the election under the provi-
sions of the constitutions of Montana and the United States were not given
opportunity to vote in the election;
(e) That electors not qualified to vote in the election under the
provisions of the constitutions of Montana and the United States were
permitted to vote in the election.
(2) Within sixty (60) days after the election, the contestant shall file
a verified petition with the clerk of the court in the judicial district
where the election was held.
History: En. Sec. 212, Ch. 368, L. 1969; (d) and (e) to subsection (1); and
amd. Sec. 6, Ch. 158, L. 1971. changed the filing time specified in sub-
section (2) from five days to sixty days
Amendments after the election.
The 1971 amendment added subdivisions
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.
133
23-4510.1 ELECTIONS
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?
□ YES
□ 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 ar ticle VII, section 8(2) of the
An 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 ?
□ YES
□ 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, Ch. 22, L. 1973.
134
ELECTION FRAUDS AND OFFENSES
CHAPTER 47
ELECTION FRAUDS AND OFFENSES— CORRUPT PRACTICES ACT
Section
23-4701. Violation of election laws by certain officers a misdemeanor.
23-4702. Fraudulent registration a felony.
23-4703. Fraudulent voting.
23-4704. Attempting to vote without being qualified.
23-4705. Procuring illegal voting.
23-4706. Changing ballots or altering returns by election officers.
23-4707. Judges unfolding or marking ballots.
23-4708. Forging or altering returns.
23-4709. Adding to or subtracting from votes given.
23-4710. Persons aiding and abetting.
23-4711. Intimidating, corrupting, deceiving or defrauding electors.
23-4712. Offenses under the election laws.
23-4713. Officers of election not to electioneer, etc.
23-4714. Offenses at an election.
23-4715. Furnishing money or entertainment for, or procuring attendance of, electors.
23-4716. Unlawful offer to appoint to office.
23-4717. Communication of same.
23-4718. Bribing members of legislative caucuses, etc.
23-4719. Preventing public meetings of electors.
23-4720. Disturbances of public meetings of electors.
23-4721. Betting on elections.
23-4723. Bribery.
23-4724. Unlawful acts of employers and employees.
23-4727. Expenditure by or for candidate for office.
23-4728. Limitation of expenditures by candidate — by party organizations — by rela-
tives.
23-4732. Copies of act to be furnished certain public officers and candidates.
23-4737. Payments in name of undisclosed principal.
23-4738. Promise to procure appointment or election.
23-4740. Certain public officers prohibited from acting as delegates or members of
political committee.
23-4741. Transfer of convention credential.
23-4742. Inducing person to be or not to be candidate.
23-4743. What demands or requests shall not be made of candidates.
23-4744. Contributions from corporations, public utilities and others.
23-4744.1. Salary increase contribution prohibited.
23-4745. Treating.
23-4746. Challenging voters — procedure.
23-4747. Coercion or undue influence of voters.
23-4748. Bets or wagers on election results.
23-4749. Personating another elector — penalty.
23-4751. Compensating voter for loss of time — badges and insignia.
23-4752. Publications in newspapers and periodicals.
23-4753. Solicitation of votes on election day.
23-4754. Political criminal libel.
23-4756. Inducement to accept or decline nomination.
23-4757. Forfeiture of nomination of office for violation of law, when not worked.
23-4758. Punishment for violation of act.
23-4759. Time for commencing contest.
23-4760. Court having jurisdiction of proceedings.
23-4762. Declaration of result of election after rejection of illegal votes.
23-4763. Grounds for contest of nomination or office.
23-4764. Nomination or election not to be vacated, when.
23-4765. Reception of illegal votes, allegations and evidence.
135
23-4701
ELECTIONS
23-4766. Contents of contest petition — amendment — bond — costs — citation — prece-
dence.
23-4767. Hearing of contest.
23-4768. Corporations — proceedings against, for violation of act.
23-4770. Advancement of cases — dismissal, when — privileges of witnesses.
23-4771. Form of complaint.
23-4773. False oaths or affidavits— perjury.
23-4776. Statement of purpose.
23-4777. Definitions.
23-4778. Eeports of contributions and expenditures required.
23-4779. What reports must disclose.
23-4780. Eeports must be certified as true and correct.
23-4781. Campaign treasurer and campaign depository.
23-4782. Deposit of contributions — statement of campaign treasurer.
23-4783. Treasurer to keep records — inspections.
23-4784. Petty cash funds allowed.
23-4785. Commissioner — how appointed, qualifications, and offices.
23-4786. Powers and duties of the commissioner.
23-4787. Examination of statements and issuance of orders of noncompliance.
23-4788. Prosecutions and powers of the county attorney.
23-4789. Right to inspect current accounts and reports.
23-4790. Duties of county clerk and recorder.
23-4791. Names not to be printed on ballot.
23-4792. Certificates of election may be withheld.
23-4793. Penalties.
23-4794. Secretary of state must furnish copies of this act to appropriate officials.
23-4795. Limitation on contributions.
23-4701. (10747) Violation of election laws by certain officers a misde-
meanor. Every person charged with the performance of any duty, under
the provisions of any law of this state relating to elections, or the regis-
tration of the names of electors, or the canvassing of the returns of election,
who willfully neglects or refuses to perform such duty, or who, in his official
capacity, knowingly and fraudulently acts in contravention or violation of
any of the provisions of such laws, is punishable by fine not exceeding one
thousand dollars ($1,000), or by imprisonment in a county jail not exceed-
ing six (6) months, or both.
History: En. Sec. 60, Pen. C. 1895; re-
en. Sec. 8124, Rev. C. 1907; re-en. Sec.
10747, R. C. M. 1921; Sec. 94-1401, R. C. M.
1947; redes. 23-4701 by Sec. 29, Ch. 513, L.
1973; amd. Sec. 20, Ch. 480, L. 1975.
Amendments
The 1975 amendment changed the viola-
tion from a felony to a misdemeanor;
deleted "unless a different punishment for
such acts or omissions is prescribed by
this code" after "provisions of such laws,
is"; substituted "imprisonment in a county
jail not exceeding six (6) months" for
"imprisonment in the state prison not ex-
ceeding five (5) years" at the end of the
section; and made a minor change in style.
Separability Clause
Section 21, Ch. 480, Laws 1975 read
"It is the intent of the legislature that
if part of this act is invalid, all valid
parts that are severable from the invalid
part remain in effect. If a part of this
act is invalid in one or more of its applica-
tions, the part remains in effect in all
valid applications that are severable from
the invalid applications."
Effective Date
Section 22, Ch. 480, Laws 1975 read
"This act shall become effective upon
passage and approval, except that the first
reporting period for any candidate or
political committee shall begin on January
1, 1976." Approved April 21, 1975.
Repealing Clause
Section 23, Ch. 480, Laws 1975 read
"Sections 23-4722, 23-4725, 23-4726, 23-
4728.1, 23-4729, 23-4730, 23-4731, 23-4733
through 23-4736, 23-4750, 23-4755, 23-4761,
23-4769, 23-4772, and 23-4775, R. C. M.
1947, are repealed."
23-4702. (10748) Fraudulent registration a felony. Every person who
willfully causes, procures, or allows himself to be registered in the official
136
ELECTION FRAUDS AND OFFENSES 23-4706
register of any election district of any county, knowing himself not to be
entitled to such registration, is punishable by a fine not exceeding one thou-
sand dollars, or by imprisonment in the county jail or state prison not ex-
ceeding one year, or both. In all cases where, on the trial of the person
charged with any offense under the provisions of this section, it appears in
evidence that the accused stands registered in such register of any county,
without being qualified for such registration, the court must order such
registration to be canceled.
History: En. Sec. 61, Pen. C. 1895; 1947; redes. 23-4702 by Sec. 29, Ch. 513, L.
re-en. Sec. 8125, Rev. C. 1907; re-en. Sec. 1973.
10748, R. C. M. 1921; Sec. 94-1402, R. C. M.
23-4703. (10749) Fraudulent voting. Every person not entitled to vote
who fraudulently votes, and every person who votes more than once at any
one election, or changes any ballot after the same has been deposited in the
ballot-box, or adds, or attempts to add, any ballot to those legally polled
at any election, either by fraudulently introducing the same into the ballot-
box before or after the ballots therein have been counted; or adds to, or
mixes with, or attempts to add to or mix with, the ballots lawfully polled,
other ballots, while the same are being counted or canvassed, or at any
other time, with intent to change the result of such election ; or carries
away or destroys, or attempts to carry away or destroy, any poll-lists,
check-lists, or ballots, or ballot-box, for the purpose of breaking up or
invalidating such election, or willfully detains, mutilates, or destroys any
election returns, or in any manner so interferes with the officers holding
such election or conducting such canvass, or with the voters lawfully
exercising their rights of voting at such election, as to prevent such election
or canvass from being fairly held and lawfully conducted, is guilty of a
felony.
History: En. Sec. 62, Pen. C. 1895; 1947; redes. 23-4703 by Sec. 29, Ch. 513,
re-en. Sec. 8126, Rev. C. 1907; re-en. Sec. L. 1973.
10749, R. C. M. 1921; Sec. 94-1403, R. C. M.
23-4704. (10750) Attempting to vote without being qualified. Every
person not entitled to vote, who fraudulently attempts to vote or register, or
who, being entitled to vote, attempts to vote or register more than once at
any election, is guilty of a misdemeanor.
History: En. Sec. 63, Pen. C. 1895; 1947; redes. 23-4704 by Sec. 29, Ch. 513,
re-en. Sec. 8127, Rev. C. 1907; re-en. Sec. L. 1973.
10750, R. C. M. 1921; Sec. 94-1404, R. C. M.
23-4705. (10751) Procuring illegal voting. Every person who procures,
aids, assists, counsels, or advises another to register or give or offer his vote
at any election, knowing that the person is not entitled to vote or register,
is guilty of a misdemeanor.
History: En. Sec. 64, Pen. C. 1895; 1947; redes. 23-4705 by Sec. 29, Ch. 513,
re-en. Sec. 8128, Rev. C. 1907; re-en. Sec. L. 1973.
10751, R. C. M. 1921; Sec. 94-1405, R. C. M.
23-4706. (10752) Changing ballots or altering returns by election
officers. Every officer or clerk of election who aids in changing or destroy-
ing any poll-list or check-list, or in placing any ballots in the ballot-box, or
137
23-4707 ELECTIONS
taking any therefrom, or adds, or attempts to add, any ballots to those
legally polled at such election, either by fraudulently introducing the same
into the ballot-box before or after the ballots therein have been counted, or
adds to or mixes with, or attempts to add to or mix with, the ballots
polled, any other ballots, while the same are being counted or canvassed, or
at any other time, with intent to change the result of such election, or
allows another to do so, when in his power to prevent it, or carries away
or destroys, or knowingly allows another to carry away or destroy, any
poll-list, check-list, ballot-box, or ballots lawfully polled, is guilty of a felony.
History: En. Sec. 65, Pen. C. 1895; 1947; redes. 23-4706 by Sec. 29, Ch. 513,
re-en. Sec. 8129, Rev. C. 1907; re-en. Sec. L. 1973.
10752, R. C. M. 1921; Sec. 94-1406, R. C. M.
23-4707. (10753) Judges unfolding or marking ballots. Every judge
or clerk of an election who, previous to putting the ballot of an elector in the
ballot-box, attempts to find out any name on such ballot, or who opens
or suffers the folded ballot of any elector which has been handed in, to be
opened or examined previous to putting the same into the ballot-box, or
who makes or places any mark or device on any folded ballot, with the
view to ascertain the name of any person for whom the elector has voted,
is punishable by imprisonment in the county jail for a period of six
months, or in the state prison not exceeding two years, or by fine, not
exceeding five hundred dollars, or by both.
History: En. Sec. 66, Pen. C. 1895; 1947; redes. 23-4707 by Sec. 29, Ch. 513,
re-en. Sec. 8130, Rev. C. 1907; re-en. Sec. L. 1973.
10753, R. C. M. 1921; Sec. 94-1407, R. C. M.
23-4708. (10754) Forging or altering returns. Every person who forges
or counterfeits returns of an election purporting to have been held at a
precinct, town, or ward where no election was in fact held, or willfully sub-
stitutes forged or counterfeit returns of election in the place of the true
returns for a precinct, town, or ward where an election was actually held, is
punishable by imprisonment in the state prison for a term not less than
two nor more than ten years.
History: En. Sec. 67, Pen. C. 1895; 1947; redes. 23-4708 by Sec. 29, Ch. 513,
re-en. Sec. 8131, Rev. C. 1907; re-en. Sec. L. 1973.
10754, R. C. M. 1921; Sec. 94-1408, R. C. M.
23-4709. (10755) Adding to or subtracting from votes given. Every
person who willfully adds to or subtracts from the votes actually cast at an
election, in any returns, or who alters such returns, is punishable by im-
prisonment in the state prison for not less than one nor more than five years.
History: En. Sec. 68, Pen. C. 1895; 1947; redes. 23-4709 by Sec. 29, Ch. 513,
re-en. Sec. 8132, Rev. C. 1907; re-en. Sec. L. 1973.
10755, R. C. M. 1921; Sec. 94-1409, R. C. M.
23-4710. (10756) Persons aiding and abetting. Every person who aids
or abets in the commission of any of the offenses mentioned in the four pre-
ceding sections is punishable by imprisonment in the county jail for a period
of six months, or in the state prison not exceeding two years.
History: En. Sec. 69, Pen. C. 1895; 1947; redes. 23-4710 by Sec. 29, Ch. 513,
re-en. Sec. 8133, Rev. C. 1907; re-en. Sec. L. 1973.
10756, R. C. M. 1921; Sec. 94-1410, R. C. M.
138
ELECTION FRAUDS AND OFFENSES 23-4714
23-4711. (10757) Intimidating, corrupting, deceiving or defrauding
electors. Every person who, by force, threats, menaces, bribery, or any
corrupt means, either directly or indirectly, attempts to influence any elector
in giving his vote, or to deter him from giving the same, or attempts by any
means whatever to awe, restrain, hinder, or disturb any elector in the free
exercise of the right of suffrage, or defrauds any elector at any such
election, by deceiving and causing such elector to vote for a different
person for any office than he intended or desired to vote for; or who,
being judge or clerk of any election, while acting as such, induces, or
attempts to induce, any elector, either by menaces or reward, or promise
thereof, to vote differently from what such elector intended or desired
to vote, is guilty of a misdemeanor, and is punishable by a fine not exceed-
ing one thousand dollars, or imprisonment not to exceed one year, or both.
History: En. Sec. 70, Pen. C. 1895; 1947; redes. 23-4711 by Sec. 29, Ch. 513,
re-en. Sec. 8134, Rev. C. 1907; re-en. Sec. L. 1973.
10757, R. C. M. 1921; Sec. 94-1411, R. C. M.
23-4712. (10758) Offenses under the election laws. Every person who
falsely makes, or fraudulently defaces or destroys, the certificates of nomi-
nation of candidates for office, to be filled by the electors at any election, or
any part thereof, or files or receives for filing any certificate of nomination,
knowing the same, or any part thereof, to be falsely made, or suppresses
any certificate of nomination, which has been duly filed, or any part
thereof, or forges or falsely makes the official indorsement on any ballot,
is guilty of a felony, and upon conviction thereof is punishable by imprison-
ment in the state prison not less than one nor more than five years.
History: En. Sec. 71, Pen. C. 1895; 1947; redes. 23-4712 by Sec. 29, Ch. 513,
re-en. Sec. 8135, Rev. C. 1907; re-en. Sec. L. 1973.
10758, R. C. M. 1921; Sec. 94-1412, R. C. M.
23-4713. (10759) Officers of election not to electioneer, etc. Every
officer or clerk of election who deposits in a ballot-box a ballot on which the
official stamp, as provided by law, does not appear, or does any electioneer-
ing on election day, is guilty of a misdemeanor, and upon conviction is
punishable by imprisonment not to exceed six months, or by a fine not less
than fifty nor more than five hundred dollars, or both.
History: En. Sec. 72, Pen. C. 1895; 1947; redes. 23-4713 by Sec. 29, Ch. 513,
re-en. Sec. 8136, Rev. C. 1907; re-en. Sec. L. 1973.
10759, R. C. M. 1921; Sec. 94-1413, R. C. M.
23-4714. (10760) Offenses at an election. Every person who, during
an election, removes or destroys any of the supplies or other conveniences
placed in the booths or compartments for the purpose of enabling a voter to
prepare his ballot, or prior to or on the day of election willfully defaces or
destroys any list of candidates posted in accordance with the provisions of
law, or during an election tears down or defaces the cards printed for the
instruction of voters, or does any electioneering on election day within
any polling-place or any building in which an election is being held, or
within twenty-five feet thereof, or obstructs the doors or entries thereof,
or removes any ballot from the polling-place before the closing of the polls,
or shows his ballot to any person after it is marked so as to reveal the
139
23-4715 ELECTIONS
contents thereof, or solicits an elector to show his ballot after it is marked,
or places a mark on his ballot by which it may afterward be identified,
or receives a ballot from any other person than one of the judges of the
election having charge of the ballots, or votes or offers to vote any
ballot except such as he has received from the judges of election having
charge of the ballots, or does not return the ballot before leaving the
polling-place, delivered to him by such judges, and which he has not
voted, is guilty of a misdemeanor, and is punishable by a fine not exceeding
one hundred dollars.
History: En. Sec. 73, Pen. C. 1895; 1947; redes. 23-4714 by Sec. 29, Ch. 513,
re-en. Sec. 8137, Rev. C. 1907; re-en. Sec. L. 1973.
10760, R. C. M. 1921; Sec. 94-1414, R. C. M.
23-4715. (10761) Furnishing money or entertainment for, or procuring
attendance of, electors. Every person who, with the intention to promote
the election of himself or any other person, either :
1. Furnishes entertainments, at his expense, to any meeting of electors
previous to or during an election ;
2. Pays for, procures, or engages to pay for any such entertainment;
3. Furnishes or engages to pay any money or property for the purpose
of procuring the attendance of voters at the polls, or for the purpose of
compensating any person for procuring the attendance of voters at the
polls, except for the conveyance of voters who are sick or infirm;
4. Furnishes or engages to pay or deliver any money or property for
any purpose intended to promote the election of any candidate, except for
the expenses of holding and conducting public meetings for the discussion
of public questions, and of printing and circulating ballots, handbills, and
other papers, previous to such election ;
is guilty of a misdemeanor.
History: En. Sec. 74, Pen. C. 1895; 1947; redes. 23-4715 by Sec. 29, Ch. 513,
re-en. Sec. 8138, Rev. C. 1907; re-en. Sec. L. 1973.
10761, R. C. M. 1921; Sec. 94-1415, R. C. M.
23-4716. (10762) Unlawful offer to appoint to office. Every person
who, being a candidate at any election, offers, or agrees to appoint or pro-
cure, the appointment of any particular person to office, as an inducement or
consideration to any person to vote for, or to procure or aid in procuring the
election of such candidate, is guilty of a misdemeanor.
History: En. Sec. 75, Pen. C. 1895; 1947; redes. 23-4716 by Sec. 29, Ch. 513,
re-en. Sec. 8139, Rev. C. 1907; re-en. Sec. L. 1973.
10762, R. C. M. 1921; Sec. 94-1416, R. C. M.
23-4717. (10763) Communication of same. Every person, not being a
candidate, who communicates any offer, made in violation of the last section,
to any person, with intent to induce him to vote for, or to procure or to aid
in procuring the election of the candidate making the offer, is guilty of a
misdemeanor.
History: En. Sec. 76, Pen. C. 1895; 1947; redes. 23-4717 by Sec. 29, Ch. 513,
re-en. Sec. 8140, Rev. C. 1907; re-en. Sec. L. 1973.
10763, R. C. M. 1921; Sec. 94-1417, R. C. M.
140
ELECTION FRAUDS AND OFFENSES 23-4723
23-4718. (10764) Bribing members of legislative caucuses, etc. Every
person who gives or offers a bribe to any officer or member of any legislative
caucus, political convention, or political gathering of any kind, held for
the purpose of nominating candidates for offices of honor, trust, or profit,
in this state, with intent to influence the person to whom such bribe is
given or offered to be more favorable to one candidate than another, and
every person, member of either of the bodies in this section mentioned,
who receives or offers to receive any such bribe, is punishable by imprison-
ment in the state prison not less than one nor more than fourteen years.
History: En. Sec. 77, Pen. C. 1895; 1947; redes. 23-4718 by Sec. 29, Ch. 513,
re-en. Sec. 8141, Rev. C. 1907; re-en. Sec. L. 1973.
10764, R. C. M. 1921; Sec. 94-1418, R. C. M.
23-4719. (10765) Preventing public meetings of electors. Every person
who, by threats, intimidations, or violence, willfully hinders or prevents
electors from assembling in public meeting for the consideration of public
questions, is guilty of a misdemeanor.
History: En. Sec. 78, Pen. C. 1895; 1947; redes. 23-4719 by Sec. 29, Ch. 513,
re-en. Sec. 8142, Rev. C. 1907; re-en. Sec. L. 1973.
10765, R. C. M. 1921; Sec. 94-1419, R. C. M.
23-4720. (10766) Disturbances of public meetings of electors. Every
person who willfully disturbs or breaks up any public meeting of electors or
others, lawfully being held for the purpose of considering public questions,
or any public school or public school meeting, is guilty of a misdemeanor.
History: En. Sec. 79, Pen. C. 1895; 1947; redes. 23-4720 by Sec. 29, Ch. 513,
re-en. Sec. 8143, Rev. C. 1907; re-en. Sec. L. 1973.
10766, R. C. M. 1921; Sec. 94-1420, R. C. M.
23-4721. (10767) Betting on elections. Every person who makes, of-
fers, or accepts any bet or wager upon the result of any election, or upon
the success or failure of any person or candidate, or upon the number of
votes to be cast, either in the aggregate or for any particular candidate, or
upon the vote to be cast by any person, is guilty of a misdemeanor.
History: En. Sec. 80, Pen. C. 1895; 1947; redes. 23-4721 by Sec. 29, Ch. 513,
re-en. Sec. 8144, Rev. C. 1907; re-en. Sec. L. 1973.
10767, R. C. M. 1921; Sec. 94-1421, R. C. M.
23-4722. (10768) Repealed.
Repeal 23-4722 by Sec. 29, Ch. 513, L. 1973), re-
Section 23-4722 (Sec. 81, Pen. C. 1895; lating to the penalty for violation of the
Sec. 8145, Rev. C. 1907; Sec. 10768, R. C. election laws, was repealed by Sec. 23,
M. 1921; Sec. 94-1422, R. C. M. 1947; redes. Ch. 480, Laws 1975.
23-4723. (10769) Bribery. The following persons shall be deemed
guilty of bribery, and shall be punished by a fine not exceeding one thousand
dollars, and imprisonment in the penitentiary not exceeding one year :
1. Every person who, directly or indirectly, by himself or by any
other person on his behalf, gives, lends, or agrees to give or lend, or offers
or promises, any money or valuable consideration, or promises to procure,
or endeavors to procure, any money or valuable consideration, to or for
any election, or to or for any person on behalf of any elector, or to or for
141
23-4723 ELECTIONS
any person, in order to induce any elector to vote or refrain from voting,
or corruptly does any such act as aforesaid ;
2. Every person who, directly or indirectly, by himself or by any
other person on his behalf, gives, or procures, or agrees to give or procure,
or offers or promises, any office, place, or employment, to or for any
elector, or to or for any other person, in order to induce such elector to
vote or refrain from voting, or corruptly does any such act as aforesaid,
on account of any elector having voted or refrained from voting at any
election ;
3. Every person who, directly or indirectly, by himself or by any
other persons on his behalf, makes any gift, loan, offer, promise, procure-
ment, or agreement as aforesaid, to or for any person, in order to induce
such person to procure or endeavor to procure the return of any person
to serve in the legislative assembly, or the vote of any elector at any
election ;
4. Every person who, upon or in consequence of any such gift, loan,
offer, promise, procurement, or agreement, procures or promises, or en-
deavors to procure, the election of any candidate to the legislative assembly,
or the vote of any elector at any election ;
5. Every person who advances or pays, or causes to be paid, any
money to, or to the use of any other person, with the intent that such
money, or any part thereof, shall be expended in bribery, or in corrupt
practices, at any election, or who knowingly pays, or causes to be paid,
any money to any person in discharge or repayment of any money wholly
or in part expended in bribery or corrupt practices at any election;
6. Every elector who, before or during any election, directly or in-
directly, by himself or any other person on his behalf, receives, agrees, or
contracts for any money, gift, loan, valuable consideration, office, place,
or employment, for himself or any other person, for voting or agreeing to
vote, or for refusing or agreeing to refrain from voting at any election ;
7. Every person who, after any election, directly or indirectly, by him-
self or by any other person in his behalf, receives any money, gift, loan,
valuable consideration, office, place, or employment, for having voted
or refrained from voting, or having induced any other person to vote or
refrain from voting, at any election ;
8. Every person, whether an elector or otherwise, who, before or during
any election, directly or indirectly, by himself or by any other person on
his behalf, makes approaches to any candidate or agent, or any person
representing or acting on behalf of any candidate at such election, and asks
for, or offers to agree or contract for, any money, gift, loan, valuable
consideration, office, place, or employment for himself or any other person,
for voting or agreeing to vote, or for refraining or agreeing to refrain from
voting at such election;
9. Every person, whether an elector or otherwise, who, after an elec-
tion, directly or indirectly, by himself or by any other person on his behalf,
makes approaches to any candidate, or any agent or person representing
or acting on behalf of any candidate, and asks for or offers to receive
any money, gift, loan, valuable consideration, office, place, or employ-
ment, for himself or any other person, for having voted or refrained from
142
ELECTION FRAUDS AND OFFENSES 23-4724
voting, or having induced any other person to vote or refrain from voting
at such election ;
10. Every person who, in order to induce a person to allow himself
to be nominated as a candidate, or to refrain from becoming a candidate,
or to withdraw if he has so become, gives or lends any money or valuable
consideration whatever, or agrees to give or lend, or offers or promises
any such money or valuable consideration, or promises to procure or try to
procure, or tries to procure, for such person, or for any other person, any
money or valuable consideration ;
11. Every person who, for the purpose and with the intent in the last
preceding subsection mentioned, gives or procures any office, place, or
employment, or agrees to give or procure, or offers or promises, such office,
place, or employment, or endeavors to procure, or promises to procure or to
endeavor to procure, such office, place, or employment, to or for such
person or any other person ;
12. Every person who, in consideration of any gift, loan, offer, promise,
or agreement, as mentioned in the two last preceding subsections, allows
himself to be nominated, or refuses to allow himself to be nominated, as a
candidate at an election, or withdraws if he has been so nominated ;
13. Every elector, candidate for nomination, nominee, or political com-
mittee who shall pay, or offer to pay, the fee for any person who is
about to, or has made his declaration of intention, or has taken out, or
is about to take out, his final papers as a citizen of the United States; and
every person who receives any money or other valuable thing to pay such
fee, or permits the same to be paid for him.
History: En. Sec. 105, Pen. C. 1895; 1947; redes. 23-4723 by Sec. 29, Ch. 513,
re-en. Sec. 8169, Rev. C. 1907; re-en. Sec. L. 1973.
10769, R. C. M. 1921; Sec. 94-1423, R. C. M.
23-4724. (10770) Unlawful acts of employers and employees. (1) It
shall be unlawful for any employer, in paying his employees the salary or
wages due them, to enclose their pay in "pay envelopes" upon which there
is written or printed the name of any candidate or political mottoes, de-
vices, or arguments containing threats or promises, express or implied,
calculated or intended to influence the political opinions or actions of
such employees. Nor shall it be lawful for an employer, to put up or other-
wise exhibit in his factory, workshop, or other establishment or place
where his workmen or employees may be working, any handbill or placard
containing any threat or promise, notice, or information, that in case any
particular ticket or political party, or organization, or candidate, shall be
elected, work in his place or establishment will cease, in whole or in part,
or shall be continued or increased, or his place or establishment be closed
up, or the salaries or wages of his workmen or employees be reduced or
increased, or other threats, or promises, express or implied, intended or cal-
culated to influence the political opinions or actions of his workmen or
employees. This section shall apply to corporations, individuals, and public
officers and employees.
(2) No person may attempt to coerce, command, or require a public
employee to influence or give money, service or other thing of value to aid
143
23-4725 ELECTIONS
or promote any political committee or to aid or promote the nomination
or election of any person to public office.
(3) No public employee may solicit any money, influence, service or
other thing of value or otherwise aid or promote any political committee
or the nomination or election of any person to public office while on the
job or at his place of employment. However, nothing in this section is in-
tended to restrict the right of a public employee to express his personal
political views.
(4) Any person who violates the provisions of this section shall be
fined not to exceed one thousand dollars ($1,000) or be imprisoned in the
county jail for a term not to exceed six (6) months, or both, for each
separate offense.
History: En. Sec. 109, Pen. C. 1895; of subsection (1) ; deleted from the end of
re-en. Sec. 8173, Rev. C. 1907; re-en. Sec. the last sentence of subsection (1) "any
10770, R. C. M. 1921; Sec. 94-1424, R. C. M. person violating the provisions of this
1947; redes. 23-4724 by Sec. 29, Ch. 513, section is guilty of a misdemeanor, and
L. 1973; amd. Sec. 3, Ch. 188, L. 1975. shall be punished by fine of not less than
twenty-five dollars nor more than five
Amendments hundred dollars, and imprisonment not
The 1975 amendment designated the exceeding six months in the county jail,
original section as subsection (1); deleted and any corporation violating this sec-
"within ninety days of an election" after tion shall be punished by fine not to ex-
"for an employer" near the beginning of ceed five thousand dollars, or forfeit its
the second sentence of subsection (1); charter or both such fine and forfeiture";
added "public officers and employees as added subsections (2), (3) and (4); and
coming within the application of the made a minor change in phraseology,
section," at the end of the last sentence
23-4725, 23-4726. (10771, 10772) Repealed.
Repeal redes. 23-4725, 23-4726 by Sec. 29, Ch.
Sections 23-4725, 23-4726 (Sees. 110, 111, 513, L. 1973), relating to the disposition
Pen. C. 1895; Sees. 8174, 8175, Rev. C. of election offense fines, and the voiding
1907; Sees. 10771, 10772, R. C. M. 1921; of corrupt elections, were repealed by Sec.
Sees. 94-1425, 94-1426, R. C. M. 1947; 23, Ch. 480, Laws 1975.
23-4727. (10773) Expenditure by or for candidate for office. No sums
of money shall be paid, and no expenses authorized or incurred, by or on
behalf of any candidate to be paid by such candidate, except such as may be
paid to the state for printing, as herein provided, in a campaign for nomina-
tion to any public office or position in this state, in excess of fifteen per cent
of one year's compensation or salary of the office for which the person is a
candidate ; provided, that no candidate shall be restricted to less than one
hundred dollars in a campaign for such nomination. No sums of money
shall be paid, and no expenses authorized or incurred, contrary to the pro-
visions of this act, for or on behalf of any candidate for nomination. For
the purposes of this law, the contribution, expenditure, or liability of a
descendant, ascendant, brother, sister, uncle, aunt, nephew, niece, spouse,
partner, employer, employee, or fellow official or fellow employee of a
corporation shall be deemed to be that of the candidate.
History: En. Sec. 1, Init. Act, Nov. Repeal
1912; re-en. Sec. 10773, R. C. M. 1921; Sec. Section 2, Ch. 481, Laws 1975 repealed
94-1427, R. C. M. 1947; redes. 23-4727 by this sec tion effective January 1, 1976.
Sec. 29, Ch. 513, L. 1973; amd. Sec. 13,
Ch. 535, L. 1975. Amendments
The 1975 amendment substituted refer-
144
ELECTION FRAUDS AND OFFENSES 23-4732
ences to candidates and persons for refer- in the last sentence; and made minor
ences to "him" and other male gender changes in phraseology,
pronouns; substituted "spouse" for "wife"
23-4728. (10774) Limitation of expenditures by candidate — by party
organizations — by relatives. No sums of money shall be paid and no ex-
penses authorized or incurred by or on behalf of any candidate who has
received the nomination to any public office or position in this state, except
such as the candidate may contribute towards payment for the political
party's or independent statement in the pamphlet herein provided for, to be
paid by such candidate in his campaign for election, in excess of ten per cent
of one year's salary or compensation of the office for which the candidate is
nominated ; provided, that no candidate shall be restricted to less than one
hundred dollars. No sum of money shall be paid and no expenses author-
ized or incurred by or on behalf of any political party or organization to
promote the success of the principles or candidates of such party or or-
ganization, contrary to the provisions of this act. For the purposes of this
act, the contribution, expenditure, or liability of a descendant, ascendant,
brother, sister, uncle, aunt, nephew, niece, spouse, partner, employer, em-
ployee, or fellow official or fellow employee of a corporation, shall be
deemed to be that of the candidate.
History: En. Sec. 8, Init. Act, Nov. Amendments
1912; re-en. 10774, R. C. M. 1921; Sec. 94- The 1975 amendment substituted neuter
1428, R. C. M. 1947; redes. 23-4728 by Sec. pronouns and references to candidates for
29, Ch. 513, L. 1975; amd. Sec. 14, Ch. 535, male pronouns throughout the section; and
L. 1975. substituted "spouse" for "wife" in the last
sentence.
Repeal
Section 2, Ch. 481, Laws 1975 repealed
this section effective January 1, 1976.
23-4728.1. Repealed.
Repeal an expenditure of funds by a political
Section 23-4728.1 (Sec. 1, Ch. 217, L. committee, was repealed by Sec. 23, Ch.
1974), relating to the filing of an organ- 480, Laws 1975.
izational statement as a prerequisite to
23-4729 to 23-4731. (10775 to 10777) Repealed.
Repeal 23-4729 to 23-4731 by Sec. 29, Ch. 513, L.
Sections 23-4729 to 23-4731 (Sees. 10 1975), relating to definition of terms, can-
to 12, Init. Act, Nov. 1912; Sees. 10775 didates' financial statements, and expendi-
to 10777, R. C. M. 1921; Sees. 94-1429 to ture statements by political committees
94-1431, R. C. M. 1947; Sec. 1, Ch. 41, L. and other persons, were repealed by Sec.
1969; Sees. 1, 2, Ch. 144, L. 1973; redes. 23, Ch. 480, Laws 1975.
23-4732. (10778) Copies of act to be furnished certain public officers
and candidates. The secretary of state shall, at the expense of the state,
furnish to the county clerk, and to the city and town clerks, auditors, and
recorders, copies of this act as a part of the election laws. In the filing of a
nomination petition or certificate of nomination, the secretary of state, in
the case of state and district offices for districts composed of one or more
counties, and county clerks for county offices, and the city and town
clerks, auditors, or recorders for municipal offices, shall transmit to the
several candidates, and to the treasurers of political committees, and to
145
23-4733 ELECTIONS
political agents, as far as they may be known to such officer, copies of
this act, and also to any other person required to file a statement such
copies shall be furnished upon application therefor. Upon his own infor-
mation, or at the written request of any voter, said secretary of state
shall transmit to any other person believed by him or averred to be a
candidate, or who may otherwise be required to make a statement, a copy
of this act.
History: En. Sec. 13, Init. Act, Nov. 94-1432, R. C. M. 1947; redes. 23-4732 by
1912; re-en. Sec. 10778, R. C. M. 1921; Sec. Sec. 29, Ch. 513, L. 1973.
23-4733 to 23-4736. (10779 to 10782) Repealed.
Eepeal 4733 to 23-4736 by Sec. 29, Ch. 513, L.
Sections 23-4733 to 23-4736 (Sees. 14 1973), relating to inspection of accounts,
to 17, Init. Act, Nov. 1912; Sees. 10779 to prosecution for failure to file a statement,
10782, R. C. M. 1921; Sec. 1, Ch. 41, L. jurisdiction of violations, and preservation
1943; Sees. 94-1433 to 94-1436, R. C. M. of statement records, were repealed by
1947; Sec. 1, Ch. 251, L. 1971; redes. 23- Sec. 23, Ch. 480, Laws 1975.
23-4737. (10783) Payments in name of undisclosed principal. No per-
son shall make a payment of his own money or of another person's money to
any other person in connection with a nomination or election in any other
name than that of the person who in truth supplies such money; nor shall
any person knowingly receive such payment, or enter, or cause the same to
be entered, in his accounts or records in another name than that of the per-
son by whom it was actually furnished ; provided, if the money be received
from the treasurer of any political organization, it shall be sufficient to
enter the same as received from said treasurer.
History: En. Sec. 18, Init. Act, Nov. 94-1437, R. C. M. 1947; redes. 23-4737 by
1912; re-en. Sec. 10783, R. C. M. 1921; Sec. Sec. 29, Ch. 513, L. 1973.
23-4738. (10784) Promise to procure appointment or election. No per-
son shall, in order to aid or promote his nomination or election, directly or
indirectly, himself or through any other person, promise to appoint another
person, or promise to secure or aid in securing the appointment, nomination,
or election of another person to any public or private position or employ-
ment, or to any position of honor, trust, or emolument, except that he may
publicly announce or define what is his choice or purpose in relation to any
election in which he may be called to take part, if elected, and if he
is a candidate for nomination or election as a member of the legislative
assembly, he may pledge himself to vote for the people's choice for United
States senator, or state what his action will be on such vote.
History: En. Sec. 19, Init. Act, Nov. 94-1438, R. C. M. 1947; redes. 23-4738 by
1912; re-en. Sec. 10784, R. C. M. 1921; Sec. Sec. 29, Ch. 513, L. 1973.
23-4739. (10785) Repealed.
Repeal Sec. 29, Ch. 513, L. 1973), relating to
Section 23-4739 (En. Sec. 20, Init. Act, prohibition against campaign contribu-
Nov. 1912; Sec. 10785, R. C. M. 1921; Sec. tions by public officers or employees, was
94-1439, R. C. M. 1947; redes. 23-4739 by repealed by Sec. 6, Ch. 188, Laws 1975.
23-4740. (10786) Certain public officers prohibited from acting as dele-
gates or members of political committee. No holder of a public position,
146
ELECTION FRAUDS AND OFFENSES 23-4744
other than an office filled by the voters, shall be a delegate to a convention
for the election district that elects the officer or board under whom he di-
rectly or indirectly holds such position, nor shall he be a member of a politi-
cal committee for such district.
History: En. Sec. 21, Init. Act, Nov. 94-1440, R. C. M. 1947; redes. 23-4740 by
1912; re-en. Sec. 10786, R. C. M. 1921; Sec. Sec. 29, Ch. 513, L. 1973.
23-4741. (10787) Transfer of convention credential. No person shall
invite, offer, or effect the transfer of any convention credential in return for
any payment of money or other valuable thing.
History: En. Sec. 22, Init. Act, Nov. 94-1441, R. C. M. 1947; redes. 23-4741 by
1912; re-en. Sec. 10787, R. C. M. 1921; Sec. Sec. 29, Ch. 513, L. 1973.
23-4742. (10788) Inducing person to be or not to be candidate. No
person shall pay, or promise to reward another, in any manner or form, for
the purpose of inducing him to be or refrain from or cease being a candi-
date, and no person shall solicit any payment, promise, or reward from
another for such purpose.
History: En. Sec. 23, Init. Act, Nov. 94-1442, R. C. M. 1947; redes. 23-4742 by
1912; re-en. Sec. 10788, R. C. M. 1921; Sec. Sec. 29, Ch. 513, L. 1973.
23-4743. (10789) What demands or requests shall not be made of candi-
dates. No person shall demand, solicit, ask, or invite any payment or con-
tribution for any religious, political, charitable, or other cause or organiza-
tion supposed to be primarily or principally for the public good, from a
person who seeks to be or has been nominated or elected to any office; and
no such candidate or elected person shall make any such payment or contri-
bution if it shall be demanded or asked during the time he is a candidate
for nomination or election to or an incumbent of any office. No payment
or contribution for any purpose shall be made a condition precedent to
the putting of a name on any caucus or convention ballot or nomination
paper or petition, or to the performance of any duty imposed by law on
a political committee. No person shall demand, solicit, ask, or invite any
candidate to subscribe to the support of any club or organization, to buy
tickets to any entertainment or ball, or to subscribe for or pay for space
in any book, program, periodical, or other publication ; if any candidate
shall make any such payment or contribution with apparent hope or intent
to influence the result of the election, he shall be guilty of a corrupt
practice; but this section shall not apply to the soliciting of any business
advertisement for insertion in a periodical in which such candidate was
regularly advertising prior to his candidacy, nor to ordinary business ad-
vertising, nor to his regular payment to any organization, religious, char-
itable, or otherwise, of which he may have been a member, or to which
he may have been a contributor, for more than six months before his can-
didacy, nor to ordinary contributions at church services.
History: En. Sec. 24, Init. Act, Nov. 94-1443, R. C. M. 1947; redes. 23-4743 by
1912; re-en. Sec. 10789, R. C. M. 1921; Sec. Sec. 29, Ch. 513, L. 1973.
23-4744. (10790) Contributions from corporations, public utilities and
others. No corporation, bank, savings bank, co-operative bank, savings
and loan association, trust, surety, indemnity, safe deposit, insurance, rail-
147
23-4744.1 ELECTIONS
road, street railway, telegraph, telephone, gas, electric light, heat, power,
canal, aqueduct, water, cemetery or crematory company, or any company
having the right to take or condemn land, or to exercise franchises in pub-
lic ways granted by the state or by any county, city, or town, shall pay or
contribute in order to aid, promote, or prevent the nomination or election
of any person, or in order to aid or promote the interests, success, or defeat
of any political party, organization, or ballot issue. No person shall solicit
or receive such payment or contribution from such corporation.
History: En. Sec. 24, Init. Act, Nov. a." after "no corporation" at the beginning
1912; re-en. Sec. 10789, R. C. M. 1921; Sec. of the section; inserted "savings and loan
94-1444, R. C. M. 1947; redes. 23-4744 by association" near the beginning of the
Sec. 29, Ch. 513, L. 1973; amd. Sec. 1, section; deleted "trustee" between "trust"
Ch. 296, L. 1975. and "surety" near the beginning of the
section; added "or ballot issue" to the end
Amendments of the first sentence; deleted "or such
The 1975 amendment deleted "and no holders of a majority of such stock" from
person, trustee, or trustees owning or th e end of the second sentence; and made
holding the majority of the stock of a min ° r changes in punctuation.
corporation carrying on the business of
23-4744.1. Salary increase contribution prohibited. A corporation may
not increase the salary of any officer or employee or give an emolument to
any officer, employee or other person, with the intention that the increase
in salary, or the emolument, or any part thereof, be contributed to support
or oppose a candidate or ballot issue.
History: En. 23-4744.1 by Sec. 2, Ch. tion preventing majority stockholders
296, L. 1975. from contributing to political campaigns;
amending section 23-4744; and providing
Title of Act for an effective date.
An act expanding the prohibition
against corporate contributions to prevent Effective Date
such contributions in support of or in Section 3 of Ch. 296, Laws 1975 read
opposition to issues; deleting the prohibi- "This act is effective on January 1, 1976."
23-4745. (10791) Treating. Any person or candidate who shall, either
by himself or by any other person, either before or after an election, or
while such person or candidate is seeking a nomination or election, directly
or indirectly, give or provide, or pay, wholly or in part, the expenses of giv-
ing or providing any meat or drink, or other entertainment or provision,
clothing, liquors, cigars, or tobacco, to or for any person for the purpose of
or with intent or hope to influence that person, or any other person, to give
or refrain from giving his vote at such election to or for any candidate
or political party ticket, or measure before the people, or on account of
such persons, or any other person, having voted or refrained from voting
for any candidate or the candidates of any political party or organization
or measure before the people, or being about to vote or refrain from
voting at such election, shall be guilty of treating. Every elector who
accepts or takes any such meat, drink, entertainment, provision, clothing,
liquors, cigars, or tobacco, shall also be guilty of treating ; and such
acceptance shall be a ground of challenge to his vote and of rejecting his
vote on a contest.
History: En. Sec. 26, Init. Act, Nov. 94-1445, R. C. M. 1947; redes. 23-4745 by
1912; re-en. Sec. 10791, R. C. M. 1921; Sec. Sec. 29, Ch. 513, L. 1973.
148
ELECTION FRAUDS AND OFFENSES 23-4748
23-4746. (10792) Challenging voters— procedure. Whenever any per-
son's right to vote shall be challenged, and he has taken the oath prescribed
by the statutes, and if it is at a nominating election, then it shall be the duty
of the clerks of election to write in the poll-books at the end of such person's
name the words "challenged and sworn," with the name of the challenger.
Thereupon the chairman of the board of judges shall write upon the back
of the ballot offered by such challenged voter the number of his ballot, in
order that the same may be identified in any future contest of the results
of the election, and be cast out if it shall appear to the court to have been
for any reason wrongfully or illegally voted for any candidate or on any
question. And such marking of the name of such challenged voter, nor
the testimony of any judge or clerk of election in reference thereto, or in
reference to the manner in which said challenged person voted, if said
testimony shall be given in the course of any contest, investigation, or
trial wherein the legality of the vote of such person is questioned for any
reason, shall not be deemed a violation of section 94-1407.
History: En. Sec. 27, Init. Act, Nov. 94-1446, R. C. M. 1947; redes. 23-4746 by
1912; re-en. Sec. 10792, R. C. M. 1921; Sec. Sec. 29, Ch. 513, L. 1973.
23-4747. (10793) Coercion or undue influence of voters. Every person
who shall, directly or indirectly, by himself or any other person in his be-
half, make use of or threaten to make use of any force, coercion, violence,
restraint, or undue influence, or inflict or threaten to inflict, by himself or
any other person, any temporal or spiritual injury, damage, harm, or loss
upon or against any person in order to induce or compel such person to vote
or refrain from voting for any candidate, or the ticket of any political party,
or any measure before the people, or any person who, being a minister,
preacher, or priest, or any officer of any church, religious or other corpo-
ration or organization, otherwise than by public speech or print, shall urge,
persuade, or command any voter to vote or refrain from voting for or
against any candidate or political party ticket or measure submitted to
the people, for or on account of his religious duty, or the interest of any
corporation, church, or other organization, or who shall, by abduction,
duress, or any fraudulent contrivance, impede or prevent the free exercise
of the franchise by any voter at any election, or shall thereby compel,
induce, or prevail upon any elector to give or to refrain from giving his
vote at any election, shall be guilty of undue influence, and shall be punished
as for a corrupt practice.
History: En. Sec. 28, Init. Act, Nov. 94-1447, R. C. M. 1947; redes. 23-4747 by
1912; re-en. Sec. 10793, R. C. M. 1921; Sec. Sec. 29, Ch. 513, L. 1973.
23-4748. (10794) Bets or wagers on election results. Any candidate
who, before or during any election campaign, makes any bet or wager of
anything of pecuniary value, or in any manner becomes a party to any such
bet or wager on the result of the election in his electoral district, or in any
part thereof, or on any event or contingency relating to any pending elec-
tion, or who provides money or other valuables to be used by any person in
betting or wagering upon the results of any impending election, shall be
guilty of a corrupt practice. Any person who, for the purpose of influencing
the result of any election, makes any bet or wager of anything of pecuniary
149
23-4749 ELECTIONS
value on the result of such election in his electoral district, or any part
thereof, or of any pending election, or on any event or contingency relating
thereto, shall be guilty of a corrupt practice, and in addition thereto any
such act shall be ground of challenge against his right to vote.
History: En. Sec. 29, Init. Act, Nov. 94-1448, R. C. M. 1947; redes. 23-4748 by
1912; re-en. Sec. 10794, R. C. M. 1921; Sec. Sec. 29, Ch. 513, L. 1973.
23-4749. (10795) Personating another elector — penalty. Any person
shall be deemed guilty of the offense of personation who, at any election,
applies for a ballot in the name of some other person, whether it be that of a
person living or dead, or of a fictitious person, or who, having voted once at
an election, applies at the same election for a ballot in his own name ; and
on conviction thereof such person shall be punished by imprisonment in
the penitentiary at hard labor for not less than one nor more than three
years.
History: En. Sec. 30, Init. Act, Nov. 94-1449, R. C. M. 1947; redes. 23-4749 by
1912; re-en. Sec. 10795, R. C. M. 1921; Sec. Sec. 29, Ch. 513, L. 1973.
23-4750. (10796) Repealed.
Repeal 29, Ch. 513, L. 1973), relating to the defini-
See.tion 23-4750 (Sec. 31, Init. Act, Nov. tion of corrupt practice, was repealed by
1912; Sec. 10796, R. C. M. 1921; Sec. 94- Sec. 23, Ch. 480, Laws 1975.
1450, R. C. M. 1947; redes. 23-4750 by Sec.
23-4751. (10797) Compensating voter for loss of time — badges and in-
signia. It shall be unlawful for any person to pay another for any loss or
damage due to attendance at the polls, or in registering, or for the expense
of transportation to or from the polls. No person shall pay for personal
service to be performed on the day of a caucus, primary, convention, or
any election, for any purpose connected therewith, tending in any way,
directly or indirectly, to affect the result thereof, except for the hiring of
persons whose sole duty is to act as challengers and watch the count of
official ballots. No person shall buy, sell, give, or provide any political
badge, button, or other insignia to be worn at or about the polls on the
day of any election, and no such political badge, button, or other insignia
shall be worn at or about the polls on any election day.
History: En. Sec. 32, Init. Act, Nov. 94-1451, R. C. M. 1947; redes. 23-4751 by
1912; re-en. Sec. 10797, R. C. M. 1921; Sec. Sec. 29, Ch. 513, L. 1973.
23-4752. (10798) Publications in newspapers and periodicals. No pub-
lisher of a newspaper or other periodical shall insert, either in its advertis-
ing or reading columns, any paid matter which is designed or tends to aid,
injure, or defeat any candidate or any political party or organization, or
measure before the people, unless it is stated therein that it is a paid adver-
tisement, the name of the chairman or secretary, or the names of the other
officers of the political or other organization inserting the same, or the name
of some voter who is responsible therefor, with his residence and the street
number thereof, if any, appear in such advertisement in the nature of a
signature. No person shall pay the owner, editor, publisher, or agent of
any newspaper or other periodical to induce him to editorially advocate or
oppose any candidate for nomination or election, and no such owner, editor,
150
ELECTION FRAUDS AND OFFENSES 23-4754
publisher, or agent shall accept such payment. Any person who shall violate
any of the provisions of this section shall be punished as for a corrupt
practice.
History: En. Sec. 33, Init. Act, Nov. 94-1452, R. C. M. 1947; redes. 23-4752 by
1912; re-en. Sec. 10798, R. C. M. 1921; Sec. Sec. 29, Ch. 513, L. 1973.
23-4753. (10799) Solicitation of votes on election day. It shall be un-
lawful for any person at any place on the day of any election to ask, solicit,
or in any manner try to induce or persuade any voter on such election day
to vote for or refrain from voting for any candidate, or the candidates or
ticket of any political party or organization, or any measure submitted
to the people, and upon conviction thereof lie shall be punished by fine of
not less than five dollars nor more than one hundred dollars for the first
offense, and for the second and each subsequent offense occurring on the
same or different election days, he shall be punished by fine as aforesaid,
or by imprisonment in the county jail for not less than five nor more than
thirty days, or by both such fine and imprisonment.
History: En. Sec. 34, Init. Act, Nov. 94-1453, R. C. M. 1947; redes. 23-4753 by
1912; re-en. Sec. 10799, R. C. M. 1921; Sec. Sec. 29, Ch. 513, L. 1973.
23-4754. (10800) Political criminal libel. It shall be unlawful to
write, print, publish, mimeograph, type, or otherwise produce or circulate
through the mails or otherwise any letter, circular, bill, dodger, pamphlet,
placard, poster, or other document relating to any election or to any
candidate, political party, political committee, or issue at any elec-
tion, unless the same shall bear on its face the name and address of
the person paying for the printing or publishing, and the name of the
printer and publisher thereof; and any person writing, printing, publishing,
circulating, posting, mimeographing, typing, or causing to be written,
printed, circulated, posted, mimeographed, typed, or published any such
letter, bill, placard, dodger, pamphlet, circular, poster, or other document
as aforesaid, which fails to bear on its face the name and address of the
person paying for the printing or publishing, and the name of the printer
or publisher, shall be guilty of an illegal practice, and shall on conviction
thereof be punished by a fine of not less than ten dollars ($10) nor more
than one thousand dollars ($1,000). If any letter, circular, poster, bill,
dodger, pamphlet, publication, placard, or other document shall contain any
false statement or charges reflecting on any candidate's character, morality,
or integrity, the person paying for the printing or publishing, and the
name of every person printing or knowingly assisting in the circulation,
shall be guilty of political criminal libel, and upon conviction shall be pun-
ished by imprisonment in a county jail not exceeding six (6) months, or
by a fine not exceeding one thousand dollars ($1,000), or both. If the per-
son charged with such crime shall prove on his trial that he had reasonable
ground to believe such charge was true, and did believe it was true, and
that he was not actuated by malice in making such publication, it shall be
a sufficient defense to such charge. But in that event, and as a part of such
defense, the person paying for the printing or publishing, or the printer
or publisher or other person charged with such crimo shall also prove that,
at least fifteen days before such letter, circular, poster, bill, dodger,
151
23-4755 ELECTIONS
pamphlet, placard, or other document containing such false statement or
statements was printed or circulated, he or they caused to be served per-
sonally and in person upon the candidate to whom it relates a copy thereof
in writing, and calling his attention particularly to the charges contained
therein, and that, before printing, publishing, or circulating such charges,
he received and read any denial, defense, or explanation, if any, made or
offered to him in writing by the accused candidate within ten days after
the service of such charge upon the accused person.
History: En. Sec. 35, Init. Act, Nov. to the mimeographing and typing through-
1912; re-en. Sec. 10800, R. C. M. 1921; Sec. out the section; substituted "in a county
94-1454, R. C. M. 1947; redes. 23-4754 by jail not exceeding six (6) months or by
Sec. 29, Ch. 513, L. 1973; amd. Sec. 1, Ch. fine not exceeding one thousand dollars
247, L. 1975. ($1,000) or both" for "in the penitentiary
for not less than one nor more than three
Amendments years" at the end of the second sentence;
The 1975 amendment inserted "publish, and made numerous minor changes in
mimeograph, type, or otherwise produce" style, punctuation and phraseology,
near the beginning of the section; in-
serted "dodger, pamphlet" throughout the Repealing Clause
section; inserted "or other document" Section 2, Ch. 247, Laws 1975 read
throughout the section; inserted "political "Section 23-4774, R. C. M. 1947, is re-
party, political committee or issue" be- pealed."
fore "to any candidate" near the be-
ginning of the section; substituted "of Effective Date
the person paying for the printing or Section 3, Ch. 247, Laws 1975 provided
publishing and" the name of the printer" the act should be in effect from and after
for "of the author, and of the printer" its passage and approval. Approved April
throughout the section; inserted references 7, 1975.
23-4755. (10801) Repealed.
Repeal Sec. 29, Ch. 513, L. 1975), relating to the
Section 23-4755 (Sec. 36, Init. Act, Nov. filing of statements of expenses by candi-
1912; Sec. 10801, E. C. M. 1921; Sec. 94- dates, was repealed by Sec. 23, Ch. 480,
1455, E. C. M. 1947; redes. 23-4755 by Laws 1975.
23-4756. (10802) Inducement to accept or decline nomination. It shall
be unlawful for any person to accept, receive, or pay money or any valuable
consideration for becoming or for refraining from becoming a candidate
for nomination or election, or by himself or in combination with any other
person or persons to become a candidate for the purpose of defeating the
nomination or election of any other person, and not with a bona fide intent
to obtain the office. Upon complaint made to any district court, if the
judge shall be convinced that any person has sought the nomination, or
seeks to have his name presented to the voters as a candidate for nomi-
nation by any political party, for any mercenary or venal consideration
or motive, and that his candidacy for the nomination is not in good faith,
the judge shall forthwith issue his writ of injunction restraining the officer
or officers whose duty it is to prepare the official ballots for such nomi-
nating election from placing the name of such person thereon as a can-
didate for nomination to any office. In addition thereto, the court shall
direct the county attorney to institute criminal proceedings against such
person or persons for corrupt practice, and upon conviction thereof he
and any person or persons combining with him shall be punished by a fine
of not more than one thousand dollars, or imprisonment in the county jail
for not more than one year.
152
ELECTION FRAUDS AND OFFENSES 23-4759
History: En. Sec. 37, Init. Act, Nov. 94-1456, R. C. M. 1947; redes. 23-4756 by
1912; re-en. Sec. 10802, R. C. M. 1921; Sec. Sec. 29, Ch. 513, L. 1973.
23-4757. (10803) Forfeiture of nomination or office for violation of law,
when not worked. Where, upon the trial of any action or proceeding under
the provisions of this act for the contest of the right of any person declared
nominated or elected to any office, or to annul or set aside such nomi-
nation or election, or to remove a person from his office, it appears from
the evidence that the offense complained of was not committed by the
candidate, or with his knowledge or consent, or was committed without
his sanction or connivance, and that all reasonable means for preventing
the commission of such offense at such election were taken by and on
behalf of the candidate, or that the offense or offenses complained of were
trivial, unimportant, and limited in character, and that in all other respects
his participation in the election was free from such offenses or illegal acts,
or that any act or omission of the candidate arose from inadvertence or
from accidental miscalculation, or from some other reasonable cause of a
like nature, and in any case did not arise from any want of good faith,
and under the circumstances it seems to the court to be unjust that the
said candidate shall forfeit his nomination or office, or be deprived of any
office of which he is the incumbent, then the nomination or election of
such candidate shall not by reason of such offense or omission complained
of be void, nor shall the candidate be removed from or deprived of his
office.
History: En. Sec. 38, Init. Act, Nov. 94-1457, R. C. M. 1947; redes. 23-4757 by
1912; re-en. Sec. 10803, R. C. M. 1921; Sec. Sec. 29, Ch. 513, L. 1973.
23-4758. (10804) Punishment for violation of act. If, upon the trial of
any action or proceeding under the provisions of this act, for the contesting
of the right of any person declared to be nominated to an office, or elected
to an office, or to annul and set aside such election, or to remove any
person from his office, it shall appear that such person was guilty of any
corrupt practice, illegal act, or undue influence, in or about such nomi-
nation or election, he shall be punished by being deprived of the nomi-
nation or office, as the case may be, and the vacancy therein shall be filled
in the manner provided by law. The only exception to this judgment shall
be that provided in the preceding section of this act. Such judgment shall
not prevent the candidate or officer from being proceeded against by in-
dictment or criminal information for any such act or acts.
History: En. Sec. 39, Init. Act, Nov. 94-1458, R. C. M. 1947; redes. 23-4758 by
1912; re-en. Sec. 10804, R. C. M. 1921; Sec. Sec. 29, Ch. 513, L. 1973.
23-4759. (10805) Time for commencing contest. Any action to contest
the right of any person declared elected to an office, or to annul and set
aside such election, or to remove from or deprive any person of an office of
which he is the incumbent, for any offense mentioned in this act, must, un-
less a different time be stated, be commenced within forty days after the
return day of the election at which such offense was committed, unless the
ground of the action or proceeding is for the illegal payment of money
or other valuable thing subsequent to the filing of the statements prescribed
by this act, in which case the action or proceeding may be commenced
153
23-4760 ELECTIONS
within forty days after the discovery by the complainant of such illegal
payment. A contest of the nomination or office of governor or representa-
tive or senator in congress must be commenced within twenty days after
the declaration of the result of the election, but this shall not be construed
to apply to any contest before the legislative assembly.
History: En. Sec. 40, Init. Act, Nov. 94-1459, R. C. M. 1947; redes. 23-4759 by
1912; re-en. Sec. 10805, R. C. M. 1921; Sec. Sec. 29, Ch. 513, L. 1973.
23-4760. (10806) Court having jurisdiction of proceedings. An appli-
cation for filing a statement, payment of a claim, or correction of an error
or false recital in a statement filed, or an action or proceeding to annul
and set aside the election of any person declared elected to an office, or to
remove or deprive any person of his office for an offense mentioned in this
act, or any petition to excuse any person or candidate in accordance with
the power of the court to excuse as provided in section 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.
History: En. Sec. 41, Init. Act, Nov. Amendments
1912; re-en. Sec. 10806, R. C. M. 1921; Sec. The 1973 amendment renumbered this
94-1460, R. C. M. 1947; amd. and redes. 23- section; and substituted the reference to
4760 by Sec. 25, Ch. 513, L. 1973. section 23-4757 for a reference to section
94-1457.
Compiler's Notes
The previous text of this section may be
found under sec. 94-1460 in bound Volume
Eight.
23-4761. (10808) Repealed.
Repeal 29, Ch. 513, L. 1973), relating to the
Section 23-4761 (Sec. 43, Init. Act, Nov. county attorney's duty with respect to
1912; Sec. 10808, R. C. M. 1921; Sec. 94- violations, was repealed by Sec. 23, Ch.
1462, R. C. M. 1947; redes. 23-4761 by Sec. 480, Laws 1975.
23-4762. (10809) Declaration of result of election after rejection of
illegal votes. If, in any case of a contest on the ground of illegal votes, it
appears that another person than the one returned has the highest number
of legal votes, after the illegal votes have been eliminated, the Court must
declare such person nominated or elected, as the case may be.
History: En. Sec. 44, Init. Act, Nov. 94-1463, R. C. M. 1947; redes. 23-4762 by
1912; re-en. Sec. 10809, R. C. M. 1921; Sec. Sec. 29, Ch. 513, L. 1973.
23-4763. (10810) Grounds for contest of nomination or office. Any
elector of the state, or of any political or municipal division thereof, may
contest the right of any person to any nomination or office for which such
elector has the right to vote, for any of the following causes:
1. On the ground of deliberate, serious, and material violation of any
of the provisions of this act, or of any other provision of the law relating
to nominations or elections.
2. When the person whose right was contested was not, at the time of
the election, eligible to such office.
3. On account of illegal votes or an erroneous or fraudulent count or
canvass of votes.
154
ELECTION FRAUDS AND OFFENSES 23-4766
History: En. Sec. 45, Init. Act, Nov. 94-1464, R. C. M. 1947; redes. 23-4763 by
1912; re-en. Sec. 10810, R. C. M. 1921; Sec. Sec. 29, Ch. 513, L. 1973.
23-4764. (10811) Nomination or election not to be vacated, when.
Nothing in the third ground of contest specified in the preceding section is
to be so construed as to authorize a nomination or election to be set aside on
account of illegal votes, unless it appear, either that the candidate or
nominee whose right is contested had knowledge of or connived at such
illegal votes, or that the number of illegal votes given to the person whose
right to the nomination or office is contested, if taken from him, would
reduce the number of his legal votes below the number of votes given to
some other person for the same nomination or office, after deducting
therefrom the illegal votes which may be shown to have been given to such
other person.
History: En. Sec. 46, Init. Act, Nov. 94-1465, R. C. M. 1947; redes. 23-4764 by
1912; re-en. Sec. 10811, R. C. M. 1921; Sec. Sec. 29, Ch. 513, L. 1973.
23-4765. (10812) Reception of illegal votes, allegations and evidence.
When the reception of illegal votes is alleged as a cause of contest, it shall
be sufficient to state generally that in one or more specified voting precincts
illegal votes were given to the person whose nomination or election is
contested, which, if taken from him, will reduce the number of his legal
votes below the number of legal votes given to some other person for the
same office; but no testimony shall be received of any illegal votes, unless
the party contesting such election deliver to the opposite party, at least
three days before such trial, a written list of the number of illegal votes,
and by whom given, which he intends to prove on such trial. This provi-
sion shall not prevent the contestant from offering evidence of illegal
votes not included in such statement, if he did not know and by reasonable
diligence was unable to learn of such additional illegal votes, and by whom
they were given, before delivering such written list.
History: En. Sec. 47, Init. Act, Nov. 94-1466, R. C. M. 1947; redes. 23-4765 by
1912; re-en. Sec. 10812, R. C. M. 1921; Sec. Sec. 29, Ch. 513, L. 1973.
23-4766. (10813) Contents of contest petition — amendment — bond —
costs — citation — precedence. Any petition contesting the right of any per-
son to a nomination or election shall set forth the name of every person
whose election is contested, and the grounds of the contest, and shall not
thereafter be amended, except by leave of the court. Before any proceed-
ing thereon the petitioner shall give bond to the state in such sum as the
court may order, not exceeding two thousand dollars, with not less than
two sureties, who shall justify in the manner required of sureties on bail-
bonds, conditioned to pay all costs, disbursements, and attorney's fees
that may be awarded against him if lie shall not prevail. If the petitioner
prevails, he may recover his costs, disbursements, and reasonable attorneys
fees against the contestee. But costs, disbursements, and attorney's fees,
in all such cases, shall be in the discretion of the court, and in case judg-
ment is rendered against the petitioner, it shall also be rendered against
the sureties on the bond. On the filing of any such petition, the clerk
shall immediately notify the judge of the court, and issue a citation to
155
23-4767 ELECTIONS
the person whose nomination or office is contested, citing them to appear
and answer, not less than three nor more than seven days after the date
of filing the petition, and the court shall hear said cause, and every such
contest shall take precedence over all other business on the court docket,
and shall be tried and disposed of with all convenient dispatch. The court
shall always be deemed in session for the trial of such cases.
History: En. Sec. 48, Init. Act, Nov. 94-1467, R. C. M. 1947; redes. 23-4766 by
1912; re-en. Sec. 10813, R. C. M. 1921; Sec. Sec. 29, Ch. 513, L. 1973.
23-4767. (10814) Hearing of contest. The petitioner (contestant) and
the contestee may appear and produce evidence at the hearing, but no per-
son, other than the petitioner and contestee, shall be made a party to the
proceedings on such petition; and no person, other than said parties and
their attorneys, shall be heard thereon, except by order of the court. If
more than one petition is pending, or the election of more than one person is
contested, the court may, in its discretion, order the cases to be heard
together, and may apportion the costs, disbursements, and attorney's fees
between them, and shall finally determine all questions of law and fact,
save only that the judge may, in his discretion, impanel a jury to decide
on questions of fact. In the case of other nominations or elections, the court
shall forthwith certify its decision to the board or official issuing certificates
of nomination or election, which board or official shall thereupon issue
certificates of nomination or election to the person or persons entitled thereto
by such decision. If judgment of ouster against a defendent shall be
rendered, said judgment shall award the nomination or office to the person
receiving next the highest number of votes, unless it shall be further de-
termined in the action, upon appropriate pleading and proof by the de-
fendant, that some act has been done or committed which would have been
ground in a similar action against such person, had he received the highest
number of votes for such nomination or office, for a judgment of ouster
against him ; and if it shall be so determined at the trial, the nomination or
office shall be by the judgment declared vacant, and shall thereupon be
filled by a new election, or by appointment, as may be provided by law re-
garding vacancies in such nomination or office.
History: En. Sec. 49, Init. Act, Nov. 94-1468, R. C. M. 1947; redes. 23-4767 by
1912; re-en. Sec. 10814, R. C. M. 1921; Sec. Sec. 29, Ch. 513, L. 1973.
23-4768. (10815) Corporations — proceedings against, for violation of
act. In like manner as prescribed for the contesting of an election, any
corporation organized under the laws of or doing business in the state of
Montana may be brought into court on the ground of deliberate, serious, and
material violation of the provisions of this act. The petition shall be filed in
the district court in the county where said corporation has its principal of-
fice, or where the violation of law is averred to have been committed. The
court, upon conviction of such corporation, may impose a fine of not more
than ten thousand dollars, or may declare a forfeiture of the charter and
franchises of the corporation, if organized under the laws of this state, or
if it be a foreign corporation, may enjoin said corporation from further
transacting business in this state, or by both such fine and forfeiture, or
by both such fine and injunction.
156
ELECTION FRAUDS AND OFFENSES 23-4771
History: En. Sec. 50, Init. Act, Nov. 94-1469, R. C. M. 1947; redes. 23-4768 by
1912; re-en. Sec. 10815, R. C. M. 1921; Sec. Sec. 29, Ch. 513, L. 1973.
23-4769. (10816) Repealed.
Repeal Sec. 29, Ch. 513, L. 1973), relating to the
Section 23-4769 (Sec. 51, Init. Act, Nov. penalty for violations where not otherwise
1912; Sec. 10816, R. C. M. 1921; Sec. 94- provided, was repealed by Sec. 23, Ch. 480,
1470, R. C. M. 1947; redes. 23-4769 by Laws 1975.
23-4770. (10817) Advancement of cases — dismissal, when — privileges of
witnesses. Proceedings under this act shall be advanced on the docket
upon request of either party for speedy trial, but the court may postpone
or continue such trial if the ends of justice may be thereby more effectually
secured, and in case of such continuance or postponement, the court may
impose costs in its discretion as a condition thereof. No petition shall be
dismissed without the consent of the county attorney, unless the same shall
be dismissed by the court. No person shall be excused from testifying or
producing papers or documents on the ground that his testimony or the
production of papers or documents will tend to criminate him ; but no ad-
mission, evidence, or paper made or advanced or produced by such person
shall be offered or used against him in any civil or criminal prosecution,
or any evidence that is the direct result of sucli evidence or information
that he may have so given, except in a prosecution for perjury committed
in such testimony.
History: En. Sec. 52, Init. Act, Nov. 94-1471, R. C. M. 1947; redes. 23-4770 by
1912; re-en. Sec. 10817, R. C. M. 1921; Sec. Sec. 29, Ch. 513, L. 1973.
23-4771. (10818) Form of complaint. A petition or complaint filed
under the provisions of this act shall be sufficient if it is substantially in the
following form :
In the District Court of the
Judicial District,
for the County of , State of Montana.
A B (or A B and C D), Contestants,
vs.
E F, Contestee.
The petition of contestant (or contestants) above named alleges:
That an election was held (in the state, district, county, or city
of ), on the day of , A. D. 19 ,
for the (nomination of a candidate for) (or election of a) (state the office).
That and were candidates at said
election, and the board of canvassers has returned the said
as being duly nominated (or elected) at said election.
That contestant A B voted (or had a right to vote, as the case may be)
at said election (or claims to have had a right to be returned as the nominee
or officer elected or nominated at said election, or was a candidate at said
election, as the case may be), and said contestant C D (here state in
like manner the right of each contestant).
And said contestant (or contestants) further allege (here state the facts
and grounds on which the contestants rely).
157
23-4772
ELECTIONS
Wherefore, your contestants pray that it may be determined by the
court that said was not duly nominated (or elected), and
that said election was void (or that the said A B or C D, as the case may
be) was duly nominated (or elected), and for such other and further relief
as to the court may seem just and legal in the premises.
Said complaint shall be verified by the affidavit of one of the petitioners
in the manner required by law for the verification of complaints in civil
cases.
History: En. Sec. 53, Init. Act, Nov. 94-1472, R. C. M. 1947; redes. 23-4771 by
1912; re-en. Sec. 10818, R. C. M. 1921; Sec. Sec. 29, Ch. 513, L. 1973.
23-4772. (10819) Repealed.
Repeal
Section 23-4772 (Sec. 54, Init. Act, Nov.
1912; Sec. 10819, R. C. M. 1921; Sec. 94-
1473, R. C. M. 1947; redes. 23-4772 by
Sec. 29, Ch. 513, L. 1973), relating to the
form of the statement of expenses, was
repealed by Sec. 23, Ch. 480, Laws 1975.
23-4773. (10820) False oaths or affidavits — perjury. Any person who
shall knowingly make any false oath or affidavit where an oath or affidavit
is required by this law shall be deemed guilty of perjury and punished
accordingly.
History: En. Sec. 55, Init. Act, Nov. 94-1474, R. C. M. 1947; redes. 23-4773 by
1912; re-en. Sec. 10820, R. C. M. 1921; Sec. Sec. 29, Ch. 513, L. 1973.
23-4774. Repealed.
Repeal
Section 23-4774 (Sec. 1, Ch. 74, L. 1951;
Sec. 94-1475, R. C. M. 1947; redes. 23-4774
by Sec. 29, Ch. 513, L. 1973), relating to a
requirement that political literature con-
tain the name of the publisher or producer,
was repealed by Sec. 2, Ch. 247, Laws 1975.
23-4775. Repealed.
Repeal
Section 23-4775 (Sec. 2, Ch. 74, L. 1951;
Sec. 94-1476, R. C. M. 1947; redes. 23-4775
by Sec. 29, Ch. 513, L. 1973), relating to
violation of the political literature dis-
closure requirement as a misdemeanor, was
repealed by Sec. 23, Ch. 480, Laws 1975.
23-4776. Statement of purpose. It is the purpose of this act to estab-
lish clear and consistent requirements for the full disclosure and reporting
of the sources and disposition of funds used in Montana to support or op-
pose candidates, political committees, or issues, and to consolidate and
clarify the authority to enforce the election and campaign finance laws as
specified in Title 23, R. C. M. 1947.
duties of county attorneys and other local
officials; requiring candidates and political
committees to designate a campaign treas-
urer and a campaign depository; authoriz-
ing the creation of a petty cash fund for
all candidates and political committees;
providing civil and criminal penalties;
amending section 23-4701; repealing sec-
tions 23-4722, 23-4725, 23-4726, 23-4728.1,
23-4729, 23-4730, 23-4731, 23-4733, 23-4734,
23-4735, 23-4736, 23-4750, 23-4755, 23-4761,
23-4769, 23-4772, and 23-4775; and provid-
ing for an effective date.
History: En. 23-4776 by Sec. 1, Ch. 480,
L. 1975.
Title of Act
An act revising political campaign re-
porting requirements; creating the posi-
tion of commissioner of campaign finances
and practices; authorizing the commission-
er, in conjunction with the county at-
torneys, to enforce Montana's election
laws and to regulate Montana's campaign
finance laws as specified in Title 23,
R. C. M. 1947; specifying the powers and
158
ELECTION FRAUDS AND OFFENSES 23-4777
23-4777. Definitions. As used in Title 23, chapter 47, R. C. M. 1947:
(1) "Candidate" means an individual who has filed a declaration of
nomination, certificate of nomination, or acceptance of nomination for pub-
lic office as required by law, but does not include a candidate for national
office who is subject to the provisions of federal election campaign laws.
(2) "Commissioner" means the commissioner of campaign finances and
practices as described in section 23-4785.
(3) "Election" means a general, special, or primary election held to
choose a public officer or submit an issue for the approval or rejection of
the people.
(4) "Issue" or "ballot issue" means a proposal submitted to the people
at an election for their approval or rejection including, but not limited to,
initiatives, referenda, proposed constitutional amendments, recall questions,
school levy questions, bond issue questions, or a ballot question.
(5) "Public office" means a state, county, municipal, school, or other
district office that is filled by the people at an election.
(6) "Contribution" means:
(a) an advance, gift, loan, conveyance, deposit, payment, or distri-
bution of money or anything of value to influence an election ;
(b) a transfer of funds between political committees;
(c) the payment by a person other than a candidate or political com-
mittee of compensation for the personal services of another person that
are rendered to a candidate or political committee ; but
(d) "contribution" does not mean services provided without compen-
sation by individuals volunteering a portion or all of their time on behalf
of a candidate or political committee, nor meals and lodging provided by
individuals in their private residence for a candidate or other individual.
(7) "Expenditure" means a purchase, payment, distribution, loan, ad-
vance, promise, pledge, or gift of money or anything of value made for the
purpose of influencing the results of an election, but "expenditure" does
not mean :
(a) services, food, or lodging provided in a manner that they are not
contributions under this act ; nor
(b) payments by a candidate for his personal travel expenses or for
food, clothing, lodging, or personal necessities for himself and his family.
(8) "Anything of value" means any goods that have a certain utility
to the recipient that is real and that ordinarily is not given away free, but
is purchased.
(9) "Political committee" means a combination of two or more indi-
viduals, or a person other than an individual, the primary or incidental
purpose of which is to support or oppose a candidate or issue or to influence
the result of an election by any expenditure.
(10) "Individual" means a human being.
(11) "Person" means an individual, corporation, association, firm,
partnership, co-operative, committee, club, union, or other organization or
group of individuals, or a candidate as defined in subsection (1) of this
section.
History: En. 23-4777 by Sec. 2, Ch. 480,
L. 1975.
159
23-4778 ELECTIONS
23-4778. Reports of contributions and expenditures required. (1)
Each candidate and political committee shall file periodic reports of contri-
butions and expenditures made by or on the behalf of a candidate or po-
litical committee. All reports required by this section shall be filed with the
commissioner and with the county clerk and recorder of the county in
which a candidate is a resident or the political committee has its head-
quarters. However, where residency within a district, county, city, or town
is not a prerequisite for being a candidate, copies of all reports shall be
filed with the county clerk and recorder of the county in which the election
is to be held, or if the election is to be held in more than one county, with
the clerk and recorder in the county that the commissioner shall specify.
(2) In lieu of all contribution and expenditure reports required by
this act, the commissioner shall accept copies of the reports filed by candi-
dates for Congress and president of the United States, and their political
committees, pursuant to the requirements of federal law.
(3) Candidates for a state office filled by a statewide vote of all the
voters of Montana, the political committees for such candidates, and po-
litical committees organized to support or oppose a statewide issue, shall
file reports :
(a) on the tenth day of March and September, in each year that an
election is to be held, and on the fifteenth and fifth days next preceding the
date on which an election is held, and within twenty-four (24) hours after
receiving a contribution of five hundred dollars ($500) or more at any time
after the last pre-election report ;
(b) not more than twenty (20) days after the date of the election;
(c) on the tenth day of March and September of each year following
an election so long as there is an unexpended balance or an expenditure
deficit in a campaign account; and
(d) whenever a candidate or political committee finally closes its books.
(4) Candidates for a state district office, including but not limited to,
candidates for the legislature, public service commission, or district court
judge, their political committees, and political committees organized to
support or oppose district issues, shall file reports:
(a) on the tenth day next preceding the date on which an election
is held, and within twenty-four (24) hours after receiving a contribution
of one hundred dollars ($100) or more at any time after the last pre-
election report;
(b) not more than twenty (20) days after the date of the election;
(c) whenever a candidate or political committee finally closes its
books.
(5) Candidates for any other public office, their political committees,
and political committees organized to support or oppose local issues, shall
be required to file the reports specified in subsection (4) only if the total
amount of contributions received or the total amount of funds expended
for an election, excluding the filing fee paid by the candidate, exceed five
hundred dollars ($500).
(6) All reports required by this section shall be complete as of the
date prescribed by the commissioner, which shall not be less than five
160
ELECTION FRAUDS AND OFFENSES 23-4779
(5) or more than ten (10) days before the date of filing as specified in
subsections (2) through (5) of this section.
(7) The commissioner shall adopt rules and regulations that will per-
mit political committees, including political parties, to file copies of a
single comprehensive report when they support or oppose more than one
candidate or issue.
(8) Reports filed under this section shall be filed to cover the follow-
ing time periods:
(a) the initial report shall cover all contributions received or expendi-
tures made by a candidate or political committee prior to the time that a
person became a candidate as defined in subsection (1) of section 23-4777
until the date prescribed by the commissioner for the filing of the appro-
priate initial report pursuant to subsections (2) through (5) of this sec-
tion;
(b) subsequent periodic reports shall cover the period of time from
the closing of the previous report to a date prescribed by the commis-
sioner, which shall not be less than five (5) days or more than ten (10)
days before the date of filing;
(c) final reports shall cover the period of time from the last periodic
report to the final closing of the books of the candidate or political com-
mittee.
History: En. 23-4778 by Sec. 3, Ch. 480,
L. 1975.
23-4779. What reports must disclose. Each report required by this
act shall disclose the following information, except that a candidate shall
only be required to report the information specified in this section if the
transactions involved were undertaken for the purpose of influencing an
election :
(1) the amount of cash on hand at the beginning of the reporting
period;
(2) the full name and mailing address (occupation and the principal
place of business, if any) of each person who has made aggregate con-
tributions, other than loans, of twenty-five dollars ($25) or more to the
candidate or political committee (including the purchase of tickets for
events such as dinners, luncheons, rallies, and similar fund-raising events)
within the reporting period together with the aggregate amount of those
contributions, and the total amount of contributions made by that person;
(3) the total sum of individual contributions made to or for the polit-
ical committee or candidate and not reported under subsection (2) of this
section;
(4) the name and address of each political committee or candidate
from which the reporting committee or candidate received any transfer
of funds together with the amount and dates of all those transfers ;
(5) each loan from any person during the reporting period together
with the full names and mailing addresses (occupation and principal
place of business, if any) of the lender and endorsers, if any, and the
date and amount of each loan;
161
23-4780 ELECTIONS
(6) the amount and nature of debts and obligations owed to a political
committee or candidates in the form prescribed by the commissioner;
(7) an itemized account of proceeds from :
(a) the sale of tickets to each dinner, luncheon, rally, and other fund-
raising events;
(b) mass collections made at such an event; and
(c) sales of items such as political campaign pins, buttons, badges,
flags, emblems, hats, banners, literature, and similar materials;
(8) each contribution, rebate, refund, or other receipt not otherwise
listed under subsections (2) through (6) of this section during the report-
ing period;
(9) the total sum of all receipts received by or for the committee or
candidate during the reporting period;
(10) the full name and mailing address (occupation and the princi-
pal place of business, if any) of each person to whom expenditures have
been made by the committee or candidate during the reporting period,
including the amount, date, and purpose of each expenditure and the total
amount of expenditures made to each person;
(11) the full name and mailing addresses (occupation and the prin-
cipal place of business, if any) of each person to whom an expendi-
ture for personal services, salaries, and reimbursed expenses have been
made, including the amount, date, and purpose of that expenditure and
the total amount of expenditures made to each person ;
(12) the total sum of expenditures made by a political committee or
candidate during the reporting period;
(13) the name and address of each political committee or candidate
to which the reporting committee or candidate made any transfer of funds
together with the amount and dates of all those transfers;
(14) the name of any person to whom a loan was made during the
reporting period, including the full name and mailing address (occupa-
tion and principal place of business, if any) of that person, and the full
name and mailing address (occupation and principal place of business, if
any) of the endorsers, if any, and the date and amount of each loan;
(15) the amount and nature of debts and obligations owed by a polit-
ical committee or candidate in the form prescribed by the commissioner;
(16) other information that may be required by the commissioner to
fully disclose the sources and disposition of funds used to support or op-
pose candidates or issues.
History: En. 23-4779 by Sec. 4, Ch. 480,
L. 1975.
23-4780. Reports must be certified as true and correct. (1) A report
required by this act to be filed by a candidate or political committee shall
be verified as true and correct by the oath or affirmation of the individual
filing the report. The individual filing the report shall be the candidate or
an officer of a political committee who is on file as an officer of the com-
mittee with the commissioner. The oath or affirmation shall be made before
an officer authorized to administer oaths.
(2) A copy of a report or statement shall be preserved by the indi-
vidual filing it for a period of time to be designated by the commissioner.
162
ELECTION FRAUDS AND OFFENSES 23-4781
(3) The commissioner may promulgate rules and regulations regard-
ing the extent to which organizations that are not primarily political
committees, but are incidentally political committees shall report their
politically related activities in accordance with this act.
History: En. 23-4780 by Sec. 5, Ch. 480,
L. 1975.
23-4781. Campaign treasurer and campaign depository. (1) Each
candidate for nomination or election to office and each political committee
shall appoint one (1) campaign treasurer. No contribution shall be re-
ceived or expenditure made by or on behalf of a candidate or political com-
mittee until the candidate or political committee appoints a cam-
paign treasurer and certifies the name and address of the campaign
treasurer pursuant to this section. The certification, which shall in-
clude an organizational statement, properly acknowledged by a no-
tary public, and setting forth of the name and address of the cam-
paign treasurer and all other officers, if any, of the political committee,
shall be filed with the commissioner and the appropriate county clerk and
recorder as specified for the filing of reports in section 23-4778.
(2) A campaign treasurer may appoint deputy campaign treasurers,
but not more than one (1) in each county in which the campaign is con-
ducted. Each candidate and political committee shall certify the full name
and complete address of the campaign treasurer and all deputy campaign
treasurers with the office with whom the candidate or the political com-
mittee is required to file reports.
(3) Any campaign or deputy campaign treasurer appointed pursuant
to this section shall be a registered voter in this state. An individual may
be appointed and serve as a campaign treasurer of a candidate and a
political committee or two (2) or more candidates and political commit-
tees. A candidate may appoint himself as his own campaign or deputy
campaign treasurer. No individual may serve as a campaign or deputy
campaign treasurer or perform any duty required of a campaign or deputy
campaign treasurer of a candidate or political committee until he has been
designated and his name certified by the candidate or political committee.
(4) Deputy campaign treasurers may exercise any of the powers and
duties of a campaign treasurer as set forth in this act when specifically
authorized in writing to do so by the campaign treasurer and the candidate
in the case of a candidate, or the campaign treasurer and the chairman
of the political committee in the case of a political committee.
(5) A candidate or political committee may remove his or its cam-
paign or deputy campaign treasurer. The removal of any treasurer or
deputy treasurer shall immediately be reported to the officer with whom
the name of the campaign treasurer was originally filed. In case of death,
resignation, or removal of his or its campaign treasurer before compliance
with any obligation of a campaign treasurer under this act, the candidate
or political committee shall appoint a successor and certify the name and
address of the successor as specified in subsection (1) of this section.
(6) Each candidate and each political committee shall designate one
(1) primary campaign depository for the purpose of depositing all con-
tributions received and disbursing all expenditures made by the candidate
163
23-4782 ELECTIONS
or political committee. The candidate or political committee may also
designate one (1) secondary depository in each county in which an elec-
tion is held and in which the candidate or committee participates. Dep-
uty campaign treasurers may make deposits in and make expenditures
from secondary depositories when authorized to do so as provided in sub-
section (4) of this section. Only a bank authorized to transact business in
Montana may be designated as a campaign depository. The candidate or
political committee shall file the name and address of each primary and
secondary depository so designated at the same time and with the same officer
with whom the candidate or committee files the name of his or its campaign
treasurer pursuant to subsection (1) of this section. Nothing in this sub-
section shall prevent a political committee or candidate from having more
than one campaign account in the same depository.
History: En. 23-4781 by Sec. 6, Ch. 480,
L. 1975.
23-4782. Deposit of contributions — statement of campaign treasurer.
All funds received by the campaign treasurer or any deputy campaign
treasurer of any candidate or political committee shall be deposited prior
to the end of the fifth business day following their receipt (Sundays and
holidays excluded) in a checking account in a campaign depository desig-
nated pursuant to section 23-4781. A statement showing the amount re-
ceived from or provided by each person and the account in which the
funds are deposited shall be prepared by the campaign treasurer at the
time the deposit is made. This statement along with the receipt form
for cash contributions deposited at the same time and a deposit slip for
the deposit shall be kept by the treasurer as a part of his records.
History: En. 23-4782 by Sec. 7, Ch. 480,
L. 1975.
23-4783. Treasurer to keep records — inspections. (1) The campaign
treasurer of each candidate and each political committee shall keep de-
tailed accounts, current within not more than ten (10) days after the date
of receiving a contribution or making an expenditure, of all contributions
received and all expenditures made by or on behalf of the candidate or
political committee that are required to be set forth in a statement filed
under this act.
(2) Accounts kept by the campaign treasurer of a candidate or politi-
cal committee may be inspected under reasonable circumstances before,
during, or after the election to which the accounts refer by the campaign
treasurer of any opposing candidate or political committee in the same
electoral district. The right of inspection may be enforced by appropriate
writ issued by any court of competent jurisdiction. The campaign treas-
urers of political committees supporting a candidate may be joined with
the campaign treasurer of the candidate as respondents in such a proceed-
ing.
(3) Accounts kept by a campaign treasurer of a candidate shall be
preserved by the campaign treasurer for a period coinciding with the
term of office for which the person was a candidate.
History: En. 23-4783 by Sec. 8, Ch. 480,
L. 1975.
164
ELECTION FRAUDS AND OFFENSES 23-4785
DECISIONS UNDER FORMER LAW
Bipartisan Organizations to books of « any political party, commit-
Bipartisan organization to promote the tee, or organization." State ex rel. Nybo
sales tax referred measure was legislative v. District Court, 158 M 429, 492 P 2d
in nature and not political within the 1395.
meaning of former law requiring access
23-4784. Petty cash funds allowed. (1) The campaign treasurer for
each candidate or political committee is authorized to withdraw the fol-
lowing amount each week from the primary depository for the purpose
of providing a petty cash fund for the candidate or political committee:
(a) for all candidates for nomination or election on a statewide basis
and all political committees operating on a statewide basis, one hundred
dollars ($100) per week; and
(b) for all other candidates and political committees, twenty dollars
($20) per week.
(2) The petty cash fund may be spent for office supplies, transporta-
tion expenses, and other necessities in an amount of less than ten dollars
($10). Petty cash shall not be used for the purchase of time, space, or
services from any communications medium.
History: En. 23-4784 by Sec. 9, Ch. 480,
L. 1975.
23-4785. Commissioner — how appointed, qualifications, and offices.
(1) There is hereby created the position of commissioner of campaign
finances and practices, who shall be appointed by a majority of a four
(4) member selection committee which shall be comprised of the speaker
of the house, the president of the senate and the minority floor leaders
of both houses of the Montana legislature. However, if a majority of
the members of the selection committee cannot agree upon the selection of a
commissioner within thirty (30) days after the passage and approval of
this act, the Montana supreme court shall appoint a fifth public member
to the selection committee. The majority of the five (5) members of the
selection committee shall then select the commissioner.
(2) The individual selected to serve as the commissioner of campaign
finances and practices shall be appointed for a five (5) year term, but he
shall thereafter be ineligible to serve as the commissioner of campaign
finances and practices and shall be precluded from being a candidate for
public office as defined in this act for a period of five (5) years from the
time that his term as commissioner expires.
(3) If for any reason a vacancy should occur in the position of com-
missioner, a successor shall be appointed within thirty (30) days as pro-
vided in subsection (1) to serve out the unexpired term. An individual
who is selected to serve out the unexpired term of a preceding commis-
sioner shall be entitled to be reappointed for a five (5) year term as pro-
vided in subsection (1).
(4) The commissioner may be removed from office by impeachment
as provided in sections 95-2801 and 95-2802, R. C. M. 1947. He may also be
prosecuted by the appropriate county attorney for official misconduct as
specified in section 94-7-401, R. C. M. 1947.
165
23-4786 ELECTIONS
(5) The commissioner of campaign finances and practices shall re-
ceive an annual salary of twenty-one thousand dollars ($21,000) and the
salary commission may recommend salary increases to the legislature.
(6) The office of the commissioner shall be attached to the office of
the secretary of state for administrative purposes only as specified in sec-
tion 82A-108, except that the provisions of subsections (l)(b), (l)(c), (2)
(a), (2)(b), (2)(d), (2)(e), and (3) (a) of section 82A-108, R. C. M. 1947,
do not apply.
History: En. 23-4785 by Sec. 10, Ch.
480, L. 1975.
23-4786. Powers and duties of the commissioner. The commissioner
shall exercise the following powers and perform the following duties :
(1) The commissioner of campaign finances and practices shall be
responsible for investigating all of the alleged violations of the election
laws contained in Title 23, R. C. M. 1947, and shall in conjunction with
the county attorneys, be responsible for enforcing all of the state's election
laws.
(2) The commissioner shall select an appropriate staff to enforce
the provisions of Title 23, R. C. M. 1947, and he shall have the power to
hire and fire all personnel under his supervision.
(3) The commissioner may hire or retain attorneys who are properly
licensed to practice before the supreme court of the state of Montana to
prosecute violations of Title 23, R. C. M. 1947. Any properly licensed
attorney so retained or hired shall exercise the powers of a special attorney
general and he shall have the power to prosecute, subject to the control
and supervision of the commissioner and the provisions of section 23-4788,
any criminal or civil action arising out of a violation of any provision
of Title 23, R. C. M. 1947. All prosecutions shall be brought in the state
district court for the county in which a violation has occurred or in the
district court for Lewis and Clark County. The authority to prosecute
as prescribed by this section includes the authority to :
(a) institute proceedings for the arrest of persons charged with or
reasonably suspected of criminal violations of Title 23, R. C. M. 1947 ;
(b) attend and give advice to a grand jury when cases involving
criminal violations of Title 23, R. C. M. 1947, are presented ;
(c) draw and file indictments, informations, and criminal complaints;
(d) prosecute all actions for the recovery of debts, fines, penalties,
and forfeitures accruing to the state or county from persons convicted
of violating Title 23, R. C. M. 1947 ; and
(e) do any other act necessary to successfully prosecute a violation of
any provision of Title 23, R. C. M. 1947.
(4) The commissioner shall prescribe forms for statements and other
information required to be filed pursuant to Title 23, R. C. M. 1947, and
furnish forms and appropriate information to persons required to file
statements and information.
(5) The commissioner shall prepare and publish a manual prescrib-
ing a uniform system for accounts for use by persons required to file state-
ments pursuant to Title 23, R. C. M. 1947.
166
ELECTION FRAUDS AND OFFENSES 23-4786
(6) The commissioner shall accept and file any information volun-
tarily supplied that exceeds the requirements of Title 23, R. C. M. 1947.
(7) The commissioner shall prescribe the manner in which the county
clerks and recorders shall receive, file, collate, and maintain reports filed
with them under Title 23, R. C. M. 1947.
(8) The commissioner shall make statements and other information
filed with his office available for public inspection and copying during
regular office hours, and make copying facilities available free of charge
or at a charge not to exceed actual cost.
(9) The commissioner shall preserve statements and other informa-
tion filed with his office for a period of ten (10) years from date of re-
ceipt.
(10) The commissioner shall prepare and publish summaries of the
statements received.
(11) The commissioner shall prepare and publish such other reports
as he may deem appropriate.
(12) The commissioner shall provide for wide public dissemination
of summaries and reports.
(13) The commissioner shall have the authority to investigate all
statements filed pursuant to the provisions of Title 23, R. C. M. 1947, and
shall also investigate alleged failures to file any statement or the alleged
falsification of any statement filed pursuant to the provisions of Title 23,
R. C. M. 1947. Upon the submission of a written complaint by any indi-
vidual, the commissioner shall also investigate any other alleged violation
of the provisions of Title 23, R. C. M. 1947, or any rule or regulation
adopted pursuant thereto.
(14) The commissioner shall promulgate and publish rules and regu-
lations to carry out the provisions of Title 23, R. C. M. 1947, and shall
promulgate such rules in conformance with the Montana Administrative
Procedure Act.
(15) The commissioner shall at the close of each fiscal year report
to the legislature and the governor concerning the action he has taken,
including the names, salaries, and duties of all individuals in his employ
and the money he has disbursed. The commissioner shall also make
further reports on the matters within his jurisdiction as the legislature
may prescribe and shall also make recommendations for further legislation
as may appear desirable.
(16) The commissioner shall be responsible for preparing, administer-
ing and allocating the budget for his office
(17) The commissioner shall have the power to inspect any records,
accounts or books that must be kept pursuant to the provisions of Title
23, R. C. M. 1947, which are held by any political committee or candidate
so long as such inspection is made during reasonable office hours.
(18) The commissioner shall have the power to issue orders of non-
compliance as prescribed by section 23-4787.
(19) The commissioner shall exercise all of the powers conferred
upon him by this act or any other provision of state law in any jurisdic-
tion or political subdivision of the state.
167
23-4787 ELECTIONS
(20) After receiving the final campaign contribution and expenditure
report filed as required by Title 23, R. C. M. 1947, the commissioner shall
inform the secretary of state, or the city or county clerk and recorder
that each candidate who has been properly elected to any public office has
filed his final contribution and expenditure report as specified in section
23-4778.
(21) The commissioner shall have the authority to administer oaths
and affirmations, subpoena witnesses, compel their attendance, take evi-
dence, and require the production of any books, papers, correspondence,
memoranda, bank account statements of a political committee or candidate,
or other records which are relevant or material for the purpose of conduct-
ing any investigation pursuant to the provisions of Title 23, R. C. M. 1947.
History: En. 23-4786 by Sec. 11, Ch.
480, L. 1975.
23-4787. Examination of statements and issuance of orders of non-
compliance. (1) Each statement filed with the commissioner during an
election or within sixty (60) days thereafter shall be inspected within ten
(10) days after the date upon which the statement is filed. If a person has
not satisfied the provisions of Title 23, R. C. M. 1947, the commissioner
shall immediately notify a person of the noncompliance. Such an order
of noncompliance shall be issued when :
(a) upon examination of the official ballot, it appears that the person
has failed to file a statement as required by law or that a statement filed
by a person does not conform to law; or
(b) it is determined that a statement filed with the commissioner
does not conform to the requirements of Title 23, R. C. M. 1947, or that
a person has failed to file a statement required by law.
(2) If an order of noncompliance is issued during a campaign period,
or within sixty (60) days after an election, a candidate or political commit-
tee shall submit the necessary information five (5) days after receiving
the notice of noncompliance. Upon a failure to submit the required in-
formation within the time specified, the appropriate county attorney or
the commissioner shall have the authority to initiate a civil or criminal
action pursuant to the procedures outlined in section 23-4788.
(3) If an order of noncompliance is issued during any other period
than that described in subsection (2), a candidate or political committee
shall submit the necessary information within ten (10) days after re-
ceiving the notice of noncompliance. Upon a failure to submit the re-
quired information within the time specified, the appropriate county at-
torney or the commissioner shall initiate a civil or criminal action pursuant
to the procedures outlined in section 23-4788.
(4) A candidate or political treasurer aggrieved by the issuance of
an order of noncompliance may seek judicial review in the district
court of the county in which the candidate resides or the county
in which the political committee has its headquarters. All petitions for
judicial review filed pursuant to this act shall be expeditiously reviewed
by the appropriate district court.
(5) Within one hundred twenty (120) days after the date of each
election, the commissioner shall examine and compare each statement or
168
ELECTION FRAUDS AND OFFENSES 23-4789
report filed with the commissioner pursuant to the provisions of Title 23,
R. C. M. 1947, to determine whether a statement or report conforms to the
provisions of the law. The examination shall include a comparison of all
reports and statements received by the commissioner pursuant to the
requirements of Title 23, R. C. M. 1947. The commissioner may investigate
the source and authenticity of any contribution or expenditure listed in any
report or statement filed pursuant to Title 23, R. C. M. 1947, or the al-
leged failure to report any contribution or expenditure required to be
reported pursuant to Title 23, R. C. M. 1947.
History: En. 23-4787 by Sec. 12, Ch. 480,
L. 1975.
23-4788. Prosecutions and powers of the county attorney. (1) When
the commissioner determines that there appears to be sufficient evidence
to justify a civil or criminal prosecution as specified in section 23-4793,
he shall notify the county attorney of the county in which the alleged
violation occurred and shall arrange to transmit to the county attorney
all information relevant to the alleged violation. If the county attorney
fails to initiate the appropriate civil or criminal action within thirty
(30) days after he receives notification of the alleged violation, the com-
missioner may then initiate the appropriate legal action.
(2) A county attorney may at any time prior to the expiration of the
thirty (30) day time period specified in subsection (1) waive his right
to prosecute and thereby authorize the commissioner to initiate the appro-
priate civil or criminal action as specified in section 23-4793.
(3) The provisions of subsection (1) do not apply to a situation in
which the alleged violation has been committed by the county attorney of
a county. In this instance, the commissioner is authorized to directly
prosecute any alleged violation of Title 23, R. C. M. 1947.
(4) If a prosecution is undertaken by the commissioner, all court costs
associated with the prosecution shall be paid by the state of Montana.
(5) Nothing in this act shall prevent a county attorney from inspect-
ing any records, accounts, or books which must be kept pursuant to the
provisions of Title 23, R. C. M. 1947, that are held by any political com-
mittee or candidate involved in an election to be held within the county.
However, such inspections must be conducted during reasonable office
hours.
(6) A county attorney shall have the authority to administer oaths
and affirmations, subpoena witnesses, compel their attendance, take evi-
dence, and require the production of any books, correspondence, memo-
randa, bank account statements of a political committee or candidate, or
other records which are relevant or material for the purpose of conduct-
ing any investigation pursuant to the provisions of Title 23, R. C. M. 1947.
History: En. 23-4788 by Sec. 13, Ch. 480,
L. 1975.
23-4789. Right to inspect current accounts and reports. Every indi-
vidual shall have the right to inspect any report or current account that
must be kept or filed pursuant to the provisions of Title 23, R. C. M. 1947,
but only if such inspection will occur during reasonable office hours and
169
23-4790 ELECTIONS
in such a manner that normal office functions will not be unnecessarily
interrupted.
History: En. 23-4789 by Sec. 14, Ch. 480,
L. 1975.
23-4790. Duties of county clerk and recorder. (1) A county clerk
and recorder shall maintain all records and statements filed pursuant to
the provisions of Title 23, R. C. M. 1947, for a period of ten (10) years
from the date of receipt.
(2) A county clerk and recorder shall accept and file any information
voluntarily supplied that exceeds the requirements of Title 23, R. C. M.
1947.
(3) A county clerk and recorder shall file, code, and cross-index all
reports and statements filed as prescribed by the commissioner.
(4) A county clerk and recorder shall make statements and other
information filed with his office available for public inspection and copy-
ing during regular office hours, and make copying facilities available free
of charge or at a charge not to exceed actual cost.
History: En. 23-4790 by Sec. 15, Ch. 480,
L. 1975.
23-4791. Names not to be printed on ballot. (1) The name of a can-
didate shall not be printed on the official ballot for a general or special
election if the candidate or a political treasurer for a candidate fails to
file any statement as required by Title 23, R. C. M. 1947.
(2) A vacancy on an official ballot under this section may be filled
in the manner provided by law, but not by the name of the same candi-
date.
(3) In carrying out the mandate of this section, the commissioner must
by a written statement notify the secretary of state or the city or county
clerk or the clerk of a school district, that a candidate, or a candidate's
political treasurer, has not complied with the provisions of Title 23, R. C. M.
1947, as described in subsection (1) and that a candidate's name should not
be printed on the official ballot.
History: En. 23-4791 by Sec. 16, Ch. 480,
L. 1975.
23-4792. Certificates of election may be withheld. No certificate of
election shall be granted to any candidate until his political treasurer has
filed the reports and statements that must be filed pursuant to the provi-
sions of Title 23, R. C. M. 1947. No candidate for an elective office may
assume the powers and duties of that office until he has received a certifi-
cate of election as provided by law. A certificate of election shall only
be issued by the public official responsible for issuing a certificate or com-
mission after receiving written assurance from the commissioner that a
candidate has filed all of the reports that must be filed pursuant to the
provisions of Title 23, R. C. M. 1947.
History: En. 23-4792 by Sec. 17, Ch. 480,
L. 1975.
23-4793. Penalties. (1) A person who knowingly submits a false
report or deliberately fails to include any information required by Title
170
ELECTION FRAUDS AND OFFENSES 23-4793
23, R. C. M. 1947, or who knowingly submits a false report or deliberately
fails to report any contribution or expenditure as required by Title 23,
R. C. M. 1947, may be guilty of false swearing, or unsworn falsification to
authorities as applicable and upon conviction shall be punished as pro-
vided in sections 94-7-203 or 94-7-204 for each separate violation.
(2) Any person who accepts a contribution prohibited by Title 23,
R. C. M. 1947, or makes a contribution in excess of the amounts specified
in Title 23, R. C. M. 1947, or in any manner other than that provided in
Title 23, R. C. M. 1947, is guilty of a violation and upon conviction shall
be fined not to exceed one thousand dollars ($1,000) or be imprisoned in
the county jail for a term not to exceed six (6) months, or both, for each
separate violation.
(3) Any person who violates any other provision of Title 23, R. C. M.
1947, upon conviction, shall be fined not to exceed one thousand dollars
($1,000) or be imprisoned in the county jail for a term not to exceed six
(6) months, or both, for each separate violation.
(4) If a court of competent jurisdiction finds that the violation of any
provision of Title 23, R. C. M. 1947, by any candidate or political com-
mittee probably affected the outcome of any election, the result of that
election may be held void and a special election held within sixty (60)
days of that finding, or where the violation occurred during a primary
election, the court may direct the appropriate political party to select a new
candidate according to the provisions of state law and the custom of the
party. Any action to void an election shall be commenced within one
(1) year of the date of the election in question.
(5) Except as provided in subsection (4), any action brought pur-
suant to the provisions of Title 23, R. C. M. 1947, must be commenced with-
in four (4) years after the date when the violation occurred.
(6) In addition to all other penalties prescribed by this act:
(a) any candidate who is convicted of violating any provision of
Title 23, R. C. M. 1947, shall be ineligible to be a candidate for any public
office in the state of Montana for a period of five (5) years from the date
of conviction ;
(b) any campaign treasurer who is convicted of violating any provi-
sion of Title 23, R. C. M. 1947, shall be ineligible to be a candidate for
any public office or to hold the position of campaign treasurer in any cam-
paign in the state of Montana for a period of five (5) years from the
date of conviction.
(7) In any action brought pursuant to the provisions of Title 23,
R. C. M. 1947, the appropriate state district court shall have the power
to enjoin any person to prevent the doing of any act herein prohibited,
or to compel the performance of any act herein required.
(8) Nothing in this section shall prevent a county attorney or the
commissioner from seeking a penalty otherwise specifically provided for
in Title 23, R. C. M. 1947.
(9) All fines and forfeitures imposed pursuant to this section shall be
deposited in the state general fund.
History: En. 23-4793 by Sec. 18, Ch. 480,
L. 1975.
171
23-4794 ELECTIONS
23-4794. Secretary of state must furnish copies of this act to appro-
priate officials. The secretary of state shall, at the expense of the state,
furnish the county clerk, and the city and town clerks, copies of Title 23,
chapter 47, R. C. M. 1947. The public official with whom a candidate
files a declaration or certificate of nomination shall transmit a copy of
Title 23, chapter 47, R. C. M. 1947, to the candidate. Such copies shall
also be furnished to any other person required to file a statement. Upon
his own information, or at the written request of any voter, the secretary
of state shall provide a copy of Title 23, chapter 47, R. C. M. 1947, to any
other individual who may be a candidate, or who may otherwise be re-
quired to make a statement required by this act.
History: En. 23-4794 by Sec. 19, Ch. 480,
L. 1975.
23-4795. Limitation on contributions. (1) Aggregate contributions
for all elections in a campaign by an individual to a candidate and politi-
cal committees organized on his behalf other than the candidate and his
immediate family are limited as follows :
(a) for candidates filed jointly for the office of governor and lieuten-
ant governor, not to exceed fifteen hundred dollars ($1500) ;
(b) for a candidate to be elected for state office in a statewide elec-
tion, other than the candidates for governor and lieutenant governor, not
to exceed seven hundred fifty dollars ($750) ;
(c) for a candidate for public service commission not to exceed four
hundred dollars ($400) ;
(d) for a candidate for district court judge, not to exceed three
hundred dollars ($300) ;
(e) for a candidate for the legislature, not to exceed two hundred
fifty dollars ($250) ; and
(f) for a candidate for city or county office, not to exceed two hundred
dollars ($200).
(2) An independent committee means a committee which is not
organized on behalf of a candidate or which is not controlled either
directly or indirectly by a candidate or candidate's committee, and which
does not act jointly with a candidate or candidate's committee in conjunc-
tion with the making of expenditures or accepting contributions. For the
purpose of limitation on contributions, political party organizations are
independent committees. Aggregate contributions by an independent com-
mittee to a candidate and political committees organized on his behalf for
all elections in a campaign are limited as follows :
(a) for candidates filed jointly for the offices of governor and lieuten-
ant governor, not to exceed eight thousand dollars ($8,000) ;
(b) for a candidate to be elected for state office in a state-wide elec-
tion, other than the candidates for governor and lieutenant governor, not
to exceed two thousand dollars ($2,000) ;
(c) for a candidate for public service commissioner, not to exceed
one thousand dollars ($1,000) ;
(d) for a candidate for district court judge, not to exceed two hundred
fifty dollars ($250);
172
CONSTITUTIONAL CONVENTIONS 23-4801
(e) for a candidate for the legislature, not to exceed two hundred
fifty dollars ($250) ;
(f) for a candidate for city or county office, not to exceed two
hundred dollars ($200).
(3) (a) Aggregate contributions by a candidate and his immediate
family to his own candidacy and committees organized on his behalf are
limited for all elections in a campaign as follows :
(i) for a candidate to be elected for state office in a statewide elec-
tion, other than the candidates for governor and lieutenant governor, not
to exceed six thousand dollars ($6,000) ;
(ii) for candidates filed jointly for the offices of governor and lieuten-
ant governor, not to exceed nine thousand dollars ($9,000) to both candi-
dates combined;
(iii) for a candidate for state district office, including but not limited
to candidates for the state senate, public service commission and district
court judge, not to exceed one thousand dollars ($1,000) in all elections
in a campaign;
(iv) for candidates for the state house of representatives not to ex-
ceed five hundred dollars ($500) in all elections in a campaign; and
(v) for a candidate for city or county office, not to exceed three
hundred dollars ($300) in all elections in a campaign.
(b) As used in this section, a candidate's immediate family means
the candidate's spouse, and the ascendents, descendants, brothers and sis-
ters of the candidate and his spouse, and their spouses.
(4) The limitations imposed by this section do not apply to public
funds contributed to a candidate under any public financing provision of
this code.
History: En. 23-4795 by Sec. 1, Ch. 481, Repealing Clause
L. 1975. Section 2, Ch. 481, Laws 1975 re;:«l
"Sections 23-4727 and 23-4728, B. C. M.
Title of Act 1947, are repealed."
An act imposing limitations on the
amount of funds that may be contributed Effective Date
in support of or in opposition to a candi- Section 3, Ch. 481, Laws 1975 read
date; repealing sections 23-4727 and 23- "This act is effective on January 1, 1976,
4728 E. C. M. 1947; and providing for a and the limitations imposed by this art
delayed effective date. shall apply to all elections held after that
date."
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
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.
173
23-4802 ELECTIONS
History: En. Sec. 1, Ch. 36, L. 1973. providing for the submission of the ques-
tion of whether or not to hold a consti-
Title 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.
□ FOR CALLING A CONSTITUTIONAL CONVENTION
□ AGAINST CALLING A CONSTITUTIONAL CONVENTION
History: En. Sec. 2, Ch. 36, L. 1973.
CHAPTER 49— GUBERNATORIAL CAMPAIGN FUND
Section
23-4901. Purpose.
23-4902. Definitions.
23-4903. Designation by taxpayer.
23-4904. Election campaign fund.
23-4905. Records to be kept — open to inspection.
23-4906. Penalties for violation.
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, to that fund; providing that moneys be
L. 1974. paid from the fund to the treasurer of
each qualifying political party to be used
Title of Act f 0T gubernatorial campaign expenses; pro-
An act creating a gubernatorial cam- viding for a penalty for misuse of the
paign fund; allowing a taxpayer to desig- funds; and providing for a termination
nate one dollar ($1) of his tax liability date.
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.
174
GUBERNATORIAL CAMPAIGN FUND 23-4906
(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)
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 office 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, Termination of Act
L. 1974. Section 7 of Ch. 263, Laws 1974 read
"This act terminates on July 1, 1977."
175
INITIATIVE AND REFERENDUM 37-101
TITLE 26— FISH AND GAME
CHAPTER 26— FISH AND GAME COMMISSION, DIRECTOR AND WARDENS-
CREATION— POWERS AND DUTIES
26-109. (3658) Political activity prohibited. While retaining the
right to vote as he may please, and to express his opinions on all political
questions, no employee of the fish and game commission may use his official
authority or influence for the purpose of interfering with an election, or
affecting the results, thereof, or for the purpose of coercing or influencing
the political actions of any person or body.
History: En. Sec. 9, Ch. 193, L. 1921;
re-en. Sec. 3658, R. C. M. 1921; amd. Sec.
1, Ch. 21, L. 1955; amd. Sec. 4, Ch. 188,
L. 1975.
TITLE 37— INITIATIVE AND REFERENDUM
CHAPTER 1— STATE INITIATIVE AND REFERENDUM
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
day 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.
177
37-102 ELECTION LAWS
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,
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-office 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-
178
INITIATIVE AND REFERENDUM 37-103
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 thereon, I believe that they are not
genuine, for the reason that ; and I further certify that
the following names ( ) do not appear on the
registration books and blanks in my office.
Signed:
, County Clerk.
(Seal of Office) By
Deputy
Every such certificate shall be prima facie evidence of the facts stated
therein, and of the qualifications of the electors whose signatures are thus
certified to be genuine, and the secretary of state shall consider and
count only such signatures on such petitions as shall be so certified by
said county clerks to be genuine; provided, that the secretary of state
may consider and count such of the remaining signatures as may be
proved to be 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
I, , 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-
179
37-104 ELECTION LAWS
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.
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 number 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 prcclamation
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.
37-104.2. Committee advocating approval of a measure referred by the
legislature — submission of argument. An argument advocating approval
of a proposed constitutional amendment or of an act referred to the people
by the legislature or by a petition for referendum shall be composed and
180
INITIATIVE AND REFERENDUM 37-104.7
submitted for printing by a committee created as follows: The president
of the senate shall appoint one (1) senator known to favor the measure
and the speaker of the house of representatives shall appoint one (1) rep-
resentative known to favor the measure. The two (2) members shall ap-
point a third member who need not be a member of the legislature.
History: En. Sec. 37-104.2 by Sec. 1,
Ch. 354, L. 1975.
37-104.3. Committee advocating rejection of a measure referred by the
legislature — submission of argument. An argument advocating rejection
of a proposed constitutional amendment or of an act referred to the people
by the legislature shall be composed and submitted for printing by a
committee created as follows: The president of the senate shall appoint
one (1) senator and the speaker of the house of representatives shall ap-
point one (1) representative. Whenever possible, the members appointed
shall be known to have opposed the measure. The two (2) members shall
appoint a third member who need not be a member of the legislature.
History: En. Sec. 37-104.3 by Sec. 2,
Ch. 354, L. 1975.
37-104.4. Submission of arguments advocating rejection of an act of
the legislature referred by petition. An argument advocating rejection of
an act of the legislature referred to the people by a petition for referendum
shall be composed and submitted for printing by the proponents of the pe-
tition.
History: En. Sec. 37-104.4 by Sec. 3,
Ch. 354, L. 1975.
37-104.5. Submission of arguments advocating approval of a measure
proposed by a petition for initiative. An argument advocating approval of
an act, constitutional amendment, or call of a constitutional convention by
a petition for initiative shall be composed and submitted for printing by the
proponents of the petition.
History: En. Sec. 37-104.5 by Sec. 4,
Ch. 354, L. 1975.
37-104.6. Submission of argument advocating rejection of a measure
proposed by an initiative petition. An argument advocating rejection of
an act, constitutional amendment, or call of a constitutional convention
proposed by a petition for initiative shall be composed and submitted for
printing by a committee created as follows: The governor, attorney gen-
eral, president of the senate, and speaker of the house shall each appoint
a person known to favor rejection of the measure. The four (4) persons
appointed shall appoint a fifth member known to favor rejection of the
measure.
History: En. Sec. 37-104.6 by Sec. 5,
Ch. 354, L. 1975.
37-104.7. Arguments limited to five hundred (500) words — must be
signed. Arguments submitted under this act are limited to five hundred
(500) words. An argument must be signed by a majority of the committee
responsible for its composition.
History: En. Sec. 37-104.7 by Sec. 6,
Ch. 354, L. 1975.
181
37-104.8 ELECTION LAWS
37-104.8. Time for submitting arguments. Arguments submitted un-
der this act shall be filed in typewritten form with the secretary of state
not less than eight (8) weeks before the election at which the measure
is to be submitted to the people.
History: En. Sec. 37-104.8 by Sec. 7,
Ch. 354, L. 1975.
37-104.9. Rebuttal arguments. The secretary of state shall provide
copies of the arguments advocating approval or rejection of a measure to
the adversary in argument on trie day following the deadline for filing
arguments under this act. The committees may prepare rebuttal arguments
not longer than two hundred fifty (250) words in length that shall be filed
in typewritten form with the secretary of state not less than seven (7)
weeks before the election at which the measure is to be submitted to the
people. Discussion in the rebuttal argument must be confined to the sub-
ject matter raised in the argument being rebutted. The rebuttal argument
shall be signed by a majority of the committee responsible for its prepar-
ation.
History: En. Sec. 37-104.9 by Sec. 8,
Ch. 354, L. 1975.
37-104.10. Type of arguments to be excluded from pamphlet — liability
for libel. (1) The secretary of state shall reject an argument or other
matter held by the attorney general to contain obscene, vulgar, profane,
scandalous, libelous, or defamatory matter; or any language that in any
way incites, counsels, promotes, or advocates hatred, abuse, violence, or
hostility toward, or that tends to cast ridicule or shame upon, a group of
persons by reason of race, color, religion, or sex, or any matter not allowed
to be sent through the mail. Such arguments may not be filed or printed
in the voters' pamphlet.
(2) Nothing in this act relieves either an argument nor an author of
an argument from civil or criminal responsibility for statements contained
in an argument printed in the voters' pamphlet.
History: En. Sec. 37-104.10 by Sec. 9,
Ch. 354, L. 1975.
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
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
182
INITIATIVE AND REFERENDUM 37-107
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; arad. 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.
37-106. (104) Manner of voting — ballot. The manner of voting on
measures submitted to the people shall be by marking the ballot with a
cross in or on the diagram opposite and to the left of the proposition for
which the voter desires to vote. The form of ballot to be used on measures
submitted to the people shall be submitted to and determined by the attor-
ney general of the state of Montana. In the event a statement of the impli-
cation of a vote is not provided, the attorney general shall supply a brief
statement in simple language of the implication of a vote for or against a
measure beside the diagram provided for the marking of the ballot similar
to the following example:
"("") For extending the right to vote to persons eighteen (18) years of age.
□ Against extending the right to vote to persons eighteen (18) years
of age."
History: En. Sec. 6, Ch. 62, L. 1907; 1921; amd. Sec. 1, Ch. 18, L. 1937; amd.
Sec. Ill, Rev. C. 1907; amd. Sec. 2, Ch. Sec. 1, Ch. 330, L. 1975.
66, L. 1913; re-en. Sec. 104, R. C. M.
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 and forwarded
to the county clerk and recorder of each county.
(4) 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.
183
37-108 ELECTION LAWS
(5) The information to be printed shall he printed in the following
order as applicable :
(a) the statement of the secretary of state ;
(b) the statement of the attorney general ;
(c) the title and body of the proposed measure ;
(d) the manner in which the measure will appear on the ballot;
(e) the argument advocating approval of the measure ;
(f) the argument advocating rejection of the measure ;
(g) the argument rebutting the argument advocating approval; and
(h) the argument rebutting the argument advocating rejection.
(6) 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^) 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 each
registered voter in 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.
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; amd. Sec.
10, Ch. 354, L. 1975.
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 effect 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
184
INITIATIVE AND REFERENDUM 37-202
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
37-201. Form for people's initiative petition on the question of calling
a 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
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-
185
37-203 ELECTION LAWS
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
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.
CHAPTER 3— COUNTY INITIATIVE AND REFERENDUM
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
186
INITIATIVE AND REFERENDUM 37-304
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 ordinance
are regular in form, and whether the ordinance so proposed would be valid
and constitutional. If the board determines that a suit must be brought,
the suit shall be filed within fifteen (15) days after presentation of the
petition to the board. 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;
amd. Sec. 1, Ch. 389, L. 1975.
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 (^3) 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
187
37-305 ELECTION LAWS
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
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
188
INITIATIVE AND REFERENDUM 37-311
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.
ISO
43-106.1 ELECTION LAWS
TITLE 43— LEGISLATURE AND ENACTMENT OF LAWS
CHAPTER 1— SENATORIAL, REPRESENTATIVE AND
CONGRESSIONAL DISTRICTS
43-106.1, 43-106.2. Repealed.
Repeal apportionment, were repealed by Sec. 6,
Sections 43-106.1, 43-106.2 (Sees. 1, 2, Ch. 8, 2nd Ex. Laws 1971.
Ch. 194, L. 1967), relating to legislative
43-106.3 to 43-106.5. Unconstitutional.
Unconstitutional cision rendered on June 11, 1971, in
These sections (Sees. 1, 2, 4, Ch. 3, 1st Wold v. Anderson, 28 Montana St. Rep.
Ex. L. 1971) were held unconstitutional 585, — F. Supp. — .
by a three-judge federal court in a de-
43-106.6 to 43-106.9. Repealed.
Repeal
Sections 43-106.6 to 43-106.9 (Sees. 1
to 4. Ch. 8, 2nd Ex. L. 1971), apportion-
ing the legislative assembly according to
the 1970 federal census, were repealed
by Sec. 1, Ch. 14, Laws 1975.
43-107. (48) Repealed.
Repeal
Section 43-107 is repealed by Sec. 1,
Ch. 14, Laws 1975.
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.
190
LEGISLATURE 43-118
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 expenses, as provided for in sections 59-538, 59-539, and 59-801, while
attending commission meetings or in carrying out the official duties of
the commission.
History: En. Sec. 4, Ch. 21, L. 1973;
amd. Sec. 18, Ch. 439, L. 1975.
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 staff and clerical services which the commission
needs to prepare its districting and apportionment plan.
History: En. Sec. 5, Ch. 21, L. 1973.
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
191
43-202 ELECTION LAWS
(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
43-202 (52) Term of office. The term of office of a senator is four
years or until his successor is elected and qualified, and of a representative
two years or until his successor is elected and qualified ; and the term of
service thereof shall begin on the first Monday of January next succeeding
his election, and if a senator or representative be elected to fill a vacancy,
his term of service shall begin on the next day after his election.
History: Ap. p. Sec. 151, Pol. C. 1895; 1921; amd. Sec. 1, Ch. 193, L. 1975. Cal.
re-en. Sec. 51, Rev. C. 1907; amd. Sec. 1, Pol. C. Sec. 226.
Ch. 17, L. 1909; re-en. Sec. 52, R. C. M.
43-218. Pre-session caucus — house appropriation and senate finance
and claims committee member — per diem and expenses. As soon after the
official canvass as possible, but not later than December 1 of each year
following an election when members of the legislature are elected, the
majority and minority parties of each house of the legislature shall hold
a pre-session caucus for holdover senators, senators-elect, and representa-
tives-elect. The purpose of the caucus of each party of each house is to
elect officers, appoint committees and hire any necessary employees. Mem-
bers of the house appropriations committee and the senate finance and
claims committee named at the caucus shall begin reviewing requests for
appropriations immediately and may visit state agencies and institutions
to discuss requests. Members of these committees shall receive a daily
salary as provided in section 43-310, R. C. M. 1947, and forty dollars ($40)
per day expenses for each day engaged in committee business. Salary and
expenses shall be paid by the department of administration from the
appropriation for operation of the preceding legislature.
History: En. Sec. 2, Ch. 274, L. 1969;
amd. Sec. 98, Ch. 126, L. 1974; amd. Sec.
1, Ch. 392, L. 1975; amd. Sec. 19, Ch.
439, L. 1975.
192
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 govern-
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 wishes 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; arad. Sec. 3,
Ch. 357, L. 1974.
193
59-203 ELECTION LAWS
TITLE 59— OFFICES AND OFFICERS
CHAPTEE 2— EXECUTIVE OFFICERS— CLASSIFICATION AND ELECTION
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
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. C. M. 1921; amd. Sec. 14, Ch. 240, L. 841.
194
PUBLIC SERVICE COMMISSION 70-101.1
TITLE 70— PUBLIC UTILITIES
CHAPTER 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, Ch. 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, Granite, Madison,
Park, Powell, Ravalli, and Silver Bow counties.
Fifth district : Flathead, Lake, Lincoln, Mineral, Missoula, and Sanders
counties.
Hiitcry: En. 70-101.1 by Sec. 2, Ch. 339,
I*. 1974.
195
75-5702 ELECTION LAWS
TITLE 75— SCHOOLS
CHAPTEE 57— SUPERINTENDENT OF PUBLIC INSTRUCTION
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; anid. Sec. 1, Ch. 17, L. 1973.
75-5703. Term, oath and vacancy. The superintendent of public in-
struction shall hold office at the seat of government for the term of four
(4) years. He shall assume office on the first Monday of January follow-
ing his election and shall hold the office until his successor has been elected
and qualified. Any person elected as the superintendent of public instruction
shall take the oath of a civil officer.
If the office of superintendent of public instruction becomes vacant, it
shall be filled in the manner prescribed by the constitution of the state of
Montana.
History: En. 75-5703 by Sec. 12, Ch. 6,
L. 1971.
75-5707. Powers and duties. The superintendent of public instruction
shall have the general supervision of the public schools and districts of the
state, and he shall have the power and shall perform the following duties
or acts in implementing and enforcing the provisions of this Title:
(6) prescribe absentee voting forms and rules in accordance with the
provisions of section 75-6416 ;
(24) prescribe the form and contents of and approve or disapprove
interstate contracts in accordance with the provisions of section 75-7308 ;
(37) determine the result of an organization election for a community
college district and the related election of trustees in accordance with the
provisions of section 75-8112;
History: En. 75-5707 by Sec. 16, Ch. 5,
L. 1971.
CHAPTER 58— COUNTY SUPERINTENDENT
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.
196
schools 75-5903
Any person shall be qualified to assume the office of the county super-
intendent who:
(1) is a qualified elector ;
(2) holds a valid teacher certificate issued by the superintendent of
public instruction ; and
(3) has not less than three (3) years of successful teaching experi-
ence.
History: En. 75-5802 by Sec. 20, Ch. 5,
L. 1971; amd. Sec. 29, Ch. 100, L. 1973.
75-5803. Term, oath and vacancy. The county superintendent shall
hold office for a term of four (4) years. He shall assume office on the first
Monday of January following his election and shall hold the office until
his successor has been elected and qualified.
Any person elected as the county superintendent shall take the oath or
affirmation of office and shall give an official bond, as required by law.
If the office of county superintendent becomes vacant, the board of
county commissioners shall appoint a replacement to fill the vacancy.
Such replacement shall serve until the next regular general election when
a person shall be elected to serve the remainder of the initial term, if there
be any remaining term.
History: En. 75-5803 by Sec. 21, Ch. 5,
L. 1971.
CHAPTER 59— SCHOOL DISTRICT TRUSTEES AND OFFICERS
75-5902. Number of trustee positions. The number of trustee positions
in a district shall vary in the following manner according to the type of
district:
(1) The number of trustee positions in each elementary district shall
vary according to the district's classification, as established by section
75-6503 ;
(a) and (b) * * * [Same as parent volume.]
(c) there shall be three (3) trustee positions in a third class ele-
mentary district, however upon the majority vote of the board of trus-
tees, the number may be increased to five (5) trustee positions at the next
trustee election, provided that notice of such action of the board of trus-
tees be published by the clerk of the district in a newspaper of general
circulation in the county prior to January 1 of the year of such trustee
election.
(2) and (3) * * * [Same as parent volume]
History: En. 75-5902 by Sec. 31, Ch. 5,
L. 1971; amd. Sec. 1, Ch. 103, L. 1975.
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
197
75-5904 ELECTION LAWS
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
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) The taxable valuation of the elementary district which has its
trustees placed on the high school trustees shall be divided by the number
of positions on the trustees of such elementary district to determine the
taxable valuation per trustee position.
(2) The taxable valuation used for the calculation in subsection (1)
above shall be subtracted from the taxable valuation of the high school
district to determine the taxable valuation of the territory of the high
seliool district without representation on the high school district trustees.
(3) The taxable valuation determined in subsection (2) above shall be
divided by the taxable valuation per trustee position calculated in subsec-
tion (1) above. The resulting quotient shall be rounded off to the nearest
whole number.
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; ami Sec. 1, Ch. 328, L. 1973.
75-5904. Establishment and purpose of trustee nominating districts.
After the county superintendent lias determined the number of additional
trustee positions, he shall establish trustee nominating districts in that
portion of the high school district without representation on the high
school trustees. There shall be one (1) trustee nominating district for each
additional trustee position, except the additional trustee at large. Unless it
is impossible, the trustee nominating district boundaries shall be cotermi-
nous with elementary district boundaries.
The purpose of the trustee nominating district shall be to establish a
representative district for the nomination and election of a resident of
such district to be an additional member of the trustees of a high school
district. The electors qualified to vote in the high school district under the
provisions of section 75-6410 and who reside in the trustee nominating
district shall be the only electors who may vote for the additional trustee
representing such district. They also shall be permitted to vote for a trus-
198
schools 75-5907
tee position at large, if there is one, but for no other high school trustee
position.
Any additional trustee position established under the provisions of this
section shall be filled in a manner prescribed under the provisions of
section 75-5918. Each additional trustee position filled by appointment
under this section shall be subject to election at the next regular school
election.
History: En. 75-5904 by Sec. 33, Ch. 5,
L. 1971.
75-5905. Redetermine additional trustee positions and subsequent ad-
justments. At any time there is a revision of the taxable valuation of the
high school district or the elementary districts within it, or there is a re-
classification of the elementary district which has its trustees placed on the
high school district trustees, the county superintendent shall redetermine
the number of additional trustee positions for the high school district in
accordance with section 75-640o'. If there is a change in the allowable num-
ber of additional trustee positions, the county superintendent shall re-
establish the trustee nominating districts in accordance with section 75-5!)04.
If the number of additional trustee positions is less than the previous num-
ber of positions, the county superintendent shall designate which present
additional positions shall terminate upon his order re-establishing the
trustee nominating districts. If the number of additional trustee positions
is more than the previous number of positions, such additional trustee
positions shall be filled in the manner prescribed under the provisions of
section 75-5918. Each additional trustee position filled by appointment
under this section shall be subject to election at the next regular school
election.
History: En. 75-5905 by Sec. 34, Ch. 5,
L. 1971.
75-5906. Election and term of office. Every trustee position prescribed
by this title shall be subject to election and the term of office for each
position shall be three (3) years unless it is otherwise specifically pre-
scribed by this title.
History: En. 75-5906 by Sec. 35, Ch. 5,
L. 1971; amd. Sec. 1, Ch. 122, L. 1975.
75-5907. Legislative intent to elect less than majority of trustees. It
is the intention of the legislature that the terms of a majority of the trustee
positions of any district with elected trustees shall not regularly expire
and be subject to election on the same regular school election day. There-
fore, in elementary districts, there shall not be more than three (3) trustee
positions in first class districts, two (2) trustee positions in second class
districts, or third class districts having five (5) trustee positions, or
one (1) trustee position in third class districts having three (3) trustee
positions regularly subject to election at the same time. In high school
districts there shall not be more than two (2) additional trustee positions
in first or second class districts, or more than one (1) in third class dis-
tricts regularly subject to election at the same time. In high school dis-
tricts operating a county high school, there shall not be more than two
199
75-5908 ELECTION LAWS
(2) trustee positions to be filled by members residing in the elementary
district where the county high school building is located or more than one
(1) trustee position to be filled by members residing outside of the ele-
mentary district where the county high school building is located subject
to election at the same time.'
While it is the intention of the legislature that the terms of a majority
of trustees of any district shall not regularly expire and be subject to
election at the same time, it is recognized that the following circumstances,
relating to the terms of trustees appointed to newly created positions or
to positions vacated by death, resignation or operation of law, may lead to
a subsequent school election in which a majority of trustee positions are
subject to election at the same time :
(1) the creation of a new elementary district under the provisions of
section 75-6518;
(2) the consolidation of two (2) or more elementary districts to form
an elementary district under the provisions of section 75-6506 ;
(3) the establishment of additional trustee positions of a high school
district under the provisions of section 75-5904 or 75-5905 ;
(4) the change of a district's classification under the provisions of
section 75-6503;
(5) the filling of a trustee position which has become vacant under
the provisions of section 75-5917 or any other provision of law;
(6) the establishment of additional elementary trustee positions under
the provisions of section 75-5902 (c) ; or
(7) any other circumstance arising under the law wherein a trustee
position is filled by appointment subject to election at the next regular
school election.
History: En. 75-5907 by Sec. 36, Ch. 5,
L. 1971; amd. Sec. 2, Ch. 103, L. 1975;
amd. Sec. 2, Ch. 122, L. 1975.
75-5908. Determination of terms after creation or consolidation of ele-
mentary districts. Whenever the trustees are elected at one (1) regular
school election under the circumstances described in subsections (1) and
(2) of section 75-5907, the members who are elected shall draw by lot to
determine their terms of office. Such terms of office by trustee position
shall be :
(1) three (3) for three (3) years, two (2) for two (2) years, and two
(2) for one (1) year in a first class elementary district;
(2) two (2) for three (3) years, two (2) for two (2) years, and one
(1) for one (1) year in second class elementary districts and third class
elementary districts having five (5) trustee positions; or
(3) one (1) for three (3) years, one (1) for two (2) years, and one
(1) for one (1) year in a third class elementary district having three (3)
trustee positions.
History: En. 75-5908 by Sec. 37, Ch. 5,
L. 1971; amd. Sec. 3, Ch. 103, L. 1975.
200
schools 75-5913
75-5909. Determination of terms after establishment or re-establish-
ment of additional trustee positions. Whenever all of the additional trus-
tee positions are subject to election at one (1) regular school election under
the circumstance described in subsection (3) of section 75-5907, the mem-
bers who are elected shall draw by lot to determine their terms of office.
Such terms of office by number of members elected shall be :
(1) two (2) for three (3) years, if four (4) are elected;
(2) one (1) for three (3) years, if one (1), two (2) or three (3) are
elected;
(3) one (1) for two (2) years, if two (2), three (3) or four (4) are
elected ; and
(4) one (1) for one (1) year, if three (3) or four (4) are elected.
Whenever the re-establishment of the additional trustee positions for
a high school district under the provisions of section 75-5905 results in an
increased number of additional trustee positions, the members who are
elected at the next regular school election shall draw by lot to determine
their terms of office and such terms shall be determined in accordance
with the additional trustee terms prescribed in this section.
History: En. 75-5909 by Sec. 38, Ch. 5,
L. 1971.
75-5910. Determination of terms after change of district classification.
Whenever the change of an elementary district classification requires
the addition of trustee positions to the trustees of such district under the
circumstance described in subsection (4) of section 75-5907, the members
who are elected shall draw by lot to determine their terms of office which
shall be one (1) for three (3) years and one (1) for two (2) years.
History: En. 75-5910 by Sec. 39, Ch. 5,
L. 1971.
75-5911. Term of vacated trustee position after election. Whenever a
trustee position is subject to election because a vacancy of such position
has occurred since the last regular school election day, the term of the
trustee position shall not change and the member elected to fill such posi-
tion shall serve the remainder of the unexpired term.
History: En. 75-5911 by Sec. 40, Ch. 6,
L. 1971.
75-5912. Annual election. In each district an election of trustees shall
be conducted annually on the regular school 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.
75-5913. Candidate qualification and nomination. Any person who is
qualified to vote in a district under the provisions of section 75-6410 shall
be eligible for the office of trustee.
Any five electors qualified under the provisions of section 7.*)-(i410 of
any district, except a first class elementary district, may nominate as many
trustee candidates as there are trustee positions subject to election at the
201
75-5914 ELECTION LAWS
ensuing election. The name of each person nominated for candidacy shall
be submitted to the clerk of the district not less than twenty (20) days
before the regular school election clay 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.
History: En. 75-5913 by Sec. 42, Ch. 5,
L. 1971.
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
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: Make an X or similar mark in the vacant
square before the name of the candidate for whom 3 r ou wish to vote.
Vote for (indicate number to be elected) for a three (3) year term :
□ (List the names of the candidates for a three (3) year term with
a vacant square in front of each name.)
Vote for (indicate number to be elected) for a two (2) year term :
□ (List the names of the candidates for a two (2) year term with a
vacant square in front of each name.)
Vote for (indicate number to be elected) for a one (1) year term :
□ (List the names of the candidates for a one (1) year term with a
vacant square in front of each name.)
202
schools 75-5918
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 person 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.
75-5917. Vacancy of trustee position. Any elected trustee position
shall be vacant whenever the incumbent :
(1) dies;
(2) resigns;
(3) moves his residence from the applicable district, or from the nomi-
nating district in the case of an additional trustee in a high school district;
(4) is no longer a registered elector of the district under the provi-
sions of section 75-6410 ;
(5) is absent from the district for sixty (60) consecutive days;
(6) fails to attend three consecutive meetings of the trustees without
a good excuse ;
(7) has been removed under the provisions of section 75-5919 ; or
(8) ceases to have the capacity to hold office under any other provi-
sion of law.
A trustee position also shall be vacant when an elected candidate fails
to qualify under the provisions of section 75-5916.
History: En. 75-5917 by Sec. 46, Ch. 5,
L. 1971.
75-5918. Filling vacated trustee position, appointee qualification and
term of office. Whenever a trustee position becomes vacant in any district
except a third class district, the remaining members of the trustees shall
203
75-5919 ELECTION LAWS
declare such position vacant and they shall appoint, in writing, a competent
person as a successor. The trustees shall notify the appointee and the county
superintendent of such appointment.
Whenever a trustee position becomes vacant in a third class district,
the remaining member of the trustees shall declare such position vacant
and notify the county superintendent of the vacancy. The county super-
intendent shall appoint, in writing, a competent person as a successor and
notify such person of his appointment.
Any person who has been appointed to a trustee position shall qualify
by completing and filing an oath of office with the county superintendent in
not less than fifteen (15) days after receiving notice of his appointment.
Failure to file the oath of office shall constitute a continuation of the trustee
position vacancy which shall be filled under the provisions of this section.
Any person assuming a trustee position under the provisions of this
section shall serve until the next regular school election and his successor
lias qualified.
History: En. 75-5918 by Sec. 47, Ch. 5,
L. 1971; amd. Sec. 3, Ch. 122, L. 1975.
75-5919. Trustee removal. Any trustee may be removed from his
trustee position by a court of competent jurisdiction under the law provid-
ing for the removal of elected civil officials. When charges are preferred
against a trustee and good cause is shown, the board of county commis-
sioners may suspend such trustee from his trustee position until the charges
can be heard in the court of competent jurisdiction.
History: En. 75-5919 by Sec. 48, Ch. 5,
L. 1971.
75-5920 to 75-5923. Repealed
Repeal
Sectioi
to 52, Ch. 5, L. 1971), relating to trustees Ch. 122, Laws 1975.
of high school districts operating a county
Sections 75-5920 to 75-5923 (Sees. 49 high school, were repealed by Sec. 7,
75-5924. Membership of elected trustees of high school district operat-
ing county high school and nomination of candidates. The trustees of a
high school district operating a county high school shall be composed of
the following:
(1) four (4) trustee positions filled by members residing in the ele-
mentary district where the county high school building is located; and
(2) three (3) trustee positions filled by members one of whom re-
sides in each of the three (3) trustee nominating districts in the territory
of the high school district outside of the elementary district where the
county high school building is located. The county superintendent shall
establish the nominating districts and, unless it is impossible, such districts
shall have coterminous boundaries with elementary district boundaries.
The provisions of section 75-5013 shall govern the nomination of candi-
dates for the trustee election prescribed in this section.
History: En. 75-5924 by Sec. 53, Ch. 5,
L. 1971; amd. Sec. 4, Ch. 122, L. 1975.
204
schools 75-6401
75-5925. Repealed.
Repeal
vacancy of trustee of high school district
Section 75-5925 (Sec. 54, Ch. 5, L. operating a county high school, was re-
1971), relating to term of office and filing pealed by Sec. 7, Ch. 122, Laws 1975.
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 the
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
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, I/.
1971; amd. Sec. 1, Ch. 69, L. 1973; amd.
Sec. 1, Ch. 280, L. 1973.
CHAPTER 64—SCHOOL ELECTIONS
75-6401. Definition. As used in this Title, unless the context clearly
indicates otherwise: "school election" means any election conducted by a
district or community college district for the purpose of electing trustees,
for authorizing taxation, for authorizing the issuance of bonds by an ele-
mentary district or a high school district, or for accepting or rejecting
any proposition that may be presented to the electorate for decision in
accordance with the provisions of this Title.
History: En. 75-6401 by Sec. 137, Ch.
5, L. 1971.
205
75-6402 ELECTION LAWS
75-6402. Precedence of school election provisions. Unless specifically
identified in any section of the election laws prescribed in Title 23, R. C. M.,
1947, school elections shall be governed by the provisions of this Title.
Should there be a conflict between the requirements of Title 23 and the
provisions of this Title regulating school elections, the provisions of this
Title shall govern.
History: En. 75-6402 by Sec. 138, Ch. 5,
L. 1971.
75-6403. Election by ballot. All school elections shall be by ballot.
History: En. 75-6403 by Sec. 130, Ch. 5,
L. 1971.
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 con-
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.
75-6405. Poll hours. The polls for any school election in any district
shall open not later than 12 noon. The trustees may order the polls to open
earlier, but no earlier than 8 a.m. However, the polls shall open at 8 a.m.
if the school election is held on the same day, at the same polling places
and with the same judges and clerks as a general, primarj^, county or city
election.
Once opened, the polls shall be kept open continuously until 8 p.m.
except that whenever all the registered electors at any poll have voted, the
poll shall be closed immediately.
History: En. 75-6405 by Sec. 141, Ch. 5,
L. 1971.
75-6406. Conditions under which school election called. At least
thirty-five (35) days before any school election, the trustees of any district
shall call such school election by resolution, stating the date and purpose
of such election, and conduct it in accordance with the procedures re-
quired by law, when :
(1) an election must be held on the regular school election day ;
(2) in their discretion, such trustees order an election for a purpose
authorized by law ;
(3) the county superintendent orders an election in accordance with
the law authorizing such an order ;
(4) the board of education orders an election in accordance with the
law authorizing such an order ;
(5) the county commissioners order an election in accordance with the
law authorizing such an order ;
(6) the board of trustees of a community college district orders an
election in accordance with the law authorizing such an order, in which
case the community college district shall bear its share of the cost of such
election; or
206
schools 75-6409
(7) a school election is required by law under any other circumstances.
The resolution calling any school election shall be transmitted immedi-
ately to the county registrar in order to enable him to close the registra-
tion and prepare the lists of registered electors as required by school elec-
tion laws.
History: En. 75-6406 by Sec. 142, Ch. 5,
L. 1971.
75-6407. Time limitation for conduct of election. "Whenever the trus-
tees of any district receive an order to call an election, they shall conduct
such election any time within sixty (60) days after the date of the order
unless the law or order otherwise regulates the day or timing of such elec-
tion.
History: En. 75-6407 by Sec. 143, Ch. 5,
L. 1971.
75-6408. Resolution for poll hours, polling places, judges, and ballot
format. At the trustee meeting when a school election is called, the trus-
tees also shall :
(1) Establish the time at which the polls are to open, if in their dis-
cretion they determine that the polls shall be open before 12 noon.
(2) Establish the polling places for such election. There shall be one
polling place in each district unless the trustees establish additional polling
places. If more than one polling place is established, the trustees shall de-
fine the boundaries for each polling place and such trustee defined polling
place boundaries shall be coterminous with county precinct boundaries
existing within a district. If the site of a polling place is changed from
the polling place site used for the last preceding school election, special
reference to the changed site of the polling place shall be included in
the notice for such election.
(3) Appoint from among the qualified electors of the district, three
judges for each polling place for such election and notify each judge of
such appointment not less than ten days before the election.
(4) Establish the format of the ballot for the election unless the bal-
lot, format is specified by the law which authorizes the election.
History: En. 75-6408 by Sec. 144, Ch. 5,
L. 1971.
75-6409. Election notice. When the trustees of any district call a
school election, they shall give notice of the election not less than twenty
(20) days nor more than thirty (30) days before the day of the election
by posting notices in three public places in the district ; provided that
in incorporated cities and towns at least one notice shall be posted at a
public place in each ward. Whenever, in the judgment of the trustees, the
best interest of the district will be served by the supplemental publication
of the school election notice in a newspaper or by a radio or television
broadcast, the trustees may cause such notification to be made.
The notice of a school election, unless otherwise required by law, shall
specify:
207
75-6410 ELECTION LAWS
(1) the date and polling places of the election ;
(2) the hours the polling places will be open ;
(3) each proposition to be considered by the electorate ; and
(4) if there are trustees to be elected, the number of positions subject
to election and the length of term of each position.
If more than one proposition is to be considered at the same school elec-
tion, each proposition shall be set apart and separately identified in the
same notice, or published in separate notices.
History: En. 75-6409 by Sec. 145, Ch. 5, Cross-References
*" 1971. Notice of school bond election, sec. 75-
7116.
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) He is a citizen of the United States.
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. days immediately preceding the election at
5, L. 1971; ami Sec. 2, Ch. 83, L. 1971; which he offers to vote; and." The effec-
amd. Sec. 1. Ch. 118, L. 1971: amd, Sec. tive dates of the amendatory acts, Ch.
4, Ch. 91, L. 1973; amd. Sec. 31, Ch. 100, 83 and Ch. 118, are February 27 and
I*. 1973. March 1, respectively. The language set
Compiler's Notes forth above is that of Ch ' 118 > § L
Section 75-6410 was amended twice in Section 75-6411, cited in the first sen-
1971, once by Ch. 83, § 2 and once by Ch. fence of this section, was repealed by
118, § 1. Both amendatory acts made sim- Sec. 14, Ch. 83, Laws 1971. The section
liar changes in the language of subds. (2) provided additional qualifications for vot-
and (3). In the original enactment by Ch. ers in elections to authorize property taxa-
5, § 146, these provisions read: tion or issuance of bonds.
"(2) He is twenty-one (21) years
of age or older; Cross-Reference
"(3) He has resided in the state one Qualifications of electors, Const., Art.
(1) year and in the district thirty (30) IX, § 2.
75-6410.1. Repealed.
Eepeal 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 rale in section 43-515.
75-6411. Repealed.
Repeal f or vo ters in elections to authorize prop-
Section 75-6411 (Sec. 147, Ch. 5, L. erty taxation or issuance of bonds, was
1971), providing additional qualifications repealed by Sec. 14, Ch. 83, Laws 1971.
208
schools 75-6417
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. 76-6412 by Sec. 148, Ch.
5, L. 1971; amd. Sec. 3, Ch. 83, L. 1971;
amd. Sec. 5, Ch. 91, 1». 1973.
75-6413. Closure of registration. Registration for school elections
shall close for thirty (30) days before any school election, but it shall not
be necessary to publish any notice of such closing of registration.
History: En. 75-6413 by Sec. 149, Ch. 5,
L. 1971.
75-6414. Listing of registered electors. After closing registration the
county registrar shall prepare a list of registered electors for each poll-
ing place established b}' the trustees. The list for each polling place shall
be prepared in the format of a precinct register book.
History: En. 75-6414 by Sec. 150, Ch. 5,
L. 1971; amd. Sec. 4, Ch. 83, L. 1971.
75-6415. Delivery of and charge for lists of registered electors. Be-
fore the day of the election, the registrar shall deliver a certified copy of
the lists of registered electors for each polling place to the district which
shall deliver them to the election judges prior to the opening of the polls.
A charge of three cents ($.03) per name shall be paid by the district to the
county for preparing the lists of registered electors.
History: En. 75-6415 by Sec. 151, Ch. 5,
L. 1971.
75-6416. Absentee voting. A qualified registered elector who will be
absent from the district or physically incapacitated and unable to go to
the polls on the day of a school election may vote by casting an absentee
ballot. The superintendent of public instruction shall prepare the form of
application for absentee ballots and other forms necessary for absentee
voting at school elections and may make necessary rules to carry out the
purpose of absentee voting as established by the provisions of the general
state election laws of Montana.
History: En. 75-6416 by Sec. 152, Ch. 5, Crcss-Refercnce
L. 1971. State superintendent of public instruc-
tion to prepare forms and rules, sec. 75-
5707.
75-6417. Voting machines and electronic voting systems. Whenever
voting machines or electronic voting systems are available to a district,
such voting devices may be used for a school election. Any district that
209
75-6418 ELECTION LAWS
uses a voting machine or an eloctronic voting system shall do so in accord-
ance with the provisions of chapter 38 or chapter 39 of Title 23 of the
Revised Codes of Montana. In construing the provisions of those chapters,
the "county commissioners" and the "registrar" shall, for the purposes of
this section, be considered to refer to trustees and "county" shall be con-
sidered to refer to district.
History: En. 75-6417 by Sec. 153, Ch. 5,
L. 1971.
75-6418. General supervision and supplies. The trustees are the gen-
eral supervisors of school elections. They are authorized to and shall ad-
minister oaths to election judges. Before the opening of the polls, the
trustees shall cause the judges and each polling place to be supplied with :
(1) a sufficient number of ballots for each proposition election or
trustee election to be conducted;
(2) at least six (6) cards instructing electors in the process of how
to vote ;
(3) a list of electors prepared in the format of a precinct register
book;
(4) a pollbook for the poll list ;
(5) tally sheets;
(6) a sufficient number of booths, each provided with a door or a cur-
tain to screen the voter from view and furnished adequately to enable the
voter to prepare his ballot;
(7) ballot boxes or canvas pouches with a lock and key ; and
(8) any other supplies necessary for the proper conduct of the elec-
tion.
History: En. 75-6418 by Sec. 154, Ch. 5,
L. 1971.
75-6419. Clerk of election judges and appointment for absent judge.
Before conducting the school election and on the day of the election, the
judges shall designate one of their number to act as clerk of such election.
If any of the judges appointed by the trustees are not present at the time
for the opening of the poll, the electors present at that time may appoint
a qualified elector for such election to act in the place of the absent judge.
History: En. 75-6419 by Sec. 155, Ch. 5,
L. 1971.
75-6420. Election expenses. All expenses necessarily incurred in the
matter of holding school elections shall be paid out of the school funds of
the district, except when such expenses are by law to be shared by a com-
munity college district for which the district is conducting an election.
The trustees may pay the election judges of a school election at a rate
not to exceed the prevailing federal minimum wage per hour of service
in connection with such election.
History: En. 75-6420 by Sec. 156, Ch. 5,
L. 1971.
210
schools 75-6422
75-6421. Conduct of election. Election judges shall conduct school
elections in a manner that ensures a fair and unbiased determination of
the matters put before the electorate, and see that each elector has an
adequate opportunity to cast his vote. To that end election judges shall :
(1) post at least one (1) instruction card in each voting booth and
not less than three (3) such cards elsewhere about the polling place;
(2) proclaim the opening and closing of the polls ;
(3) ensure that no more than one (1) person occupies a voting booth
at one (1) time and that no person occupies a booth longer than is reason-
ably necessary;
(4) enforce the rules against certain prohibited conduct as provided
in section 23-3605, R. C. M., 1947 ;
(5) aid a disabled elector in marking his ballot in the manner pro-
vided by section 23-3609, R. C. M., 1947 ; and
(6) follow the remaining provisions of chapter 36 of Title 23, R. C. M.,
1947, regulating the conduct of elections, and chapter 14 of Title 94, R. C.
M., 1947, except that no deviation from those regulations shall vitiate
the election so long as it can reasonably be concluded that neither the
outcome of the election nor any individual elector was prejudiced by
such deviation.
History: En. 75-6421 by Sec. 157, Ch. 5,
L. 1971.
75-6422. Delivery of ballot, pollbook, tally sheet, and certifying elec-
tion result. The judges shall conduct school elections in the following
manner :
(1) The election judges shall deliver the ballots to the elector offer-
ing to vote and shall cause the recording of such elector's signature on
the registered elector listing for the polling place.
(2) A pollbook shall be kept by the election clerk. The clerk shall
record the name of each elector in the pollbook at the time his ballot is
deposited in the ballot box. One pollbook may be kept for two or more
school elections conducted simultaneously at the same poll.
(3) Immediately after closing the polls, the judges shall count ballots.
If there are more ballots than the recorded number of electors in the poll-
book, the judges shall draw by lot from the ballots, without seeing them.
a sufficient number of ballots to equalize the number of ballots and the
number of electors.
(4) After the number of electors and ballots have been equalized,
the judges shall proceed to count the ballots. The clerk shall enter on
the tally sheet for the trustee election the name of every person voted
for trustee, grouping them by length of term of the truster position for
which they were a candidate. The votes r;ist for a person shall be tallied
opposite his name. When a proposition is presented at a school election,
the clerk shall enter "for" and "against" on the tally sheet and record
each vote opposite the appropriate entry on the tally sheet. A separate
tally sheet shall be kept for each election of trustees ami for each propo-
sition.
211
75-6423 ELECTION LAWS
(5) After the votes have been entered on a tally sheet, the judges
and clerk shall sign it and certify upon the tally sheet the following in-
formation :
(a) the number of votes cast for each person who received votes
for trustee and the length of term for which he received these votes; or
(b) the total number of votes cast "for" and "against" a proposition.
The certified totals shall be verified by the judges as being correct to the
best of their knowledge, before an officer authorized to administer oaths.
No informality in such certification shall vitiate the election, if the number
of votes for each person or for or against each proposition can reasonably
be ascertained from each tally list.
(6) The school election judges shall return the pollbook, ballots, cer-
tified tally sheets, and the registered elector listing to the trustees of
the district as soon as possible.
History: En. 75-6422 by Sec. 158, Ch. 5,
L. 1971.
75-6423. Trustees canvass of votes and issuance of election certificate.
At the first regular or special meeting of the trustees conducted after the
receipt of the certified tally sheets of any school election from all the polls
of the district, the trustees shall canvass the vote. Such canvass shall in-
clude a redetermination of the total votes cast for each person for trustee
or the total votes cast "for" and "against" each proposition, as shown on
the tally sheet or sheets.
After the redetermination of the total votes cast, the trustees shall issue
a certificate of election. In the case of a trustee election, the certificate
shall be issued to the elected trustee and the county superintendent desig-
nating the term of the trustee position to which he has been elected. In
the case of an election on a proposition, the trustees shall issue a certifi-
cate specifying the outcome of the election. The certificate shall be issued
within fifteen (15) days after the election to that official or public body
which ordered the election. When the election has been ordered by resolu-
tion of the trustees, the canvassed results shall be published immediately
in a newspaper that will give notice to the largest number of people of the
district.
History: En. 75-6423 by Sec. 159, Ch. 5, Cross-Reference
Ii. 1971. School bond elections, canvassing, sec.
75-7117.
CHAPTER 65— SCHOOL DISTRICT ORGANIZATION AND REORGANIZATION
75-6506. Elementary district consolidation. Any two (2) or more
elementary districts in one (1) county may consolidate to organize an
elementary district. The consolidation shall be conducted under the follow-
ing procedure :
(1) At the time the consolidation proposition is first considered, the
districts involved shall jointly determine whether the consolidation shall
be made with or without the mutual assumption of the bonded indebted-
ness of each district by all districts included in the consolidation proposi-
tion.
212
schools 75-6506
(2) A consolidation proposition may be introduced, individually, in
each of the districts by either of the two following methods :
(a) the trustees may pass a resolution requesting the county superin-
tendent to order an election to consider a consolidation proposition involv-
ing their district ; or
(b) not less than twenty per cent (20%) of the electors of an elemen-
tary district who are qualified to vote under the provisions of section 75-6410
may petition the county superintendent requesting an election to consider
a consolidation proposition involving their resident district.
(3) When the county superintendent has received a resolution or a
valid petition from each of the districts included in the consolidation prop-
osition, he shall, within ten (10) days after the receipt of the last resolu-
tion or petition and as provided by section 75-6406, order the trustees of
each elementary district included in the consolidation proposition to call a
consolidation election.
(4) Each district, individually, shall call and conduct an election in
the manner prescribed in this Title for school elections. In addition :
(a) if the districts to be consolidated are to mutually assume the
bonded indebtedness of each district involved in the consolidation, the
consolidation election also shall follow the procedures prescribed in section
75-6509 ; or
(b) if the districts to be consolidated are not to mutually assume the
bonded indebtedness of each district involved in the consolidation, the
consolidation election also shall follow the procedures prescribed in sec-
tion 75-6510.
(5) After the county superintendent has received the election certifi-
cation under the provisions of section 75-6423 from the trustees of each
district included in a consolidation proposition, he shall determine if the
consolidation proposition has been approved in each district. If each dis-
trict has approved the consolidation proposition, he shall, within ten
(10) days after the receipt of the last election certificate, order the conso-
lidation of such districts. If it be for consolidation with the mutual assump-
tion of bonded indebtedness of each elementary district by all districts
included in the consolidation order, such order shall specify that all the
taxable real and personal property of the consolidated district shall as-
sume the bonded indebtedness of each district. In addition, such order
shall specify the number of the consolidated elementary district and shall
contain the county superintendent's appointment of the trustees for the
consolidated district who shall serve until a successor is elected at the
next succeeding regular school election and qualified. The superintendent
shall send a copy of such order to the board of county commissioners and
to the trustees of each district incorporated in the consolidation order. If
any district included in the consolidation proposition disapproves the con-
solidation proposition, the consolidation of all districts shall fail and the
county superintendent shall notify each district of the disapproval of the
consolidation proposition.
History: En. 75-6506 by Sec. 165, Ch. 5, Cross-References
L. 1971. Conditions under which school election
called, sec. 75-6406.
213
75-6507 ELECTION LAWS
75-6507. Conditions for elementary district annexation. An elemen-
tary district may be annexed to another elementary district located in the
same county when :
(1) a third-class district where a high school is not located is annexed
to a third-class district where a high school is located, a first-class district,
or a second-class district.
(2) a third-class district where a high school is located is annexed
to a first-class district or a second-class district ; or
(3) a second-class district is annexed to a first-class district.
The annexation of elementary districts shall be conducted under the
provisions of section 75-6508.
History: En. 75-6507 by Sec. 166, Ch. 5,
L. 1971.
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) At the time the annexation proposition is first considered, the
districts involved shall jointly determine whether the annexation shall be
made with or without the joint assumption of the bonded indebtedness of
the annexing district by the district to be annexed and the annexing dis-
trict.
(2) An annexation proposition may be introduced in the district to
be annexed by either of the two following methods :
(a) the trustees may pass a resolution requesting the county superin-
tendent to order an election to consider an annexation proposition for
their district ; or
(b) not less than twenty per cent (20%) of the electors of the dis-
trict who are qualified to vote under the provisions of section 75-6410
may petition the county superintendent requesting an election to consider
an annexation proposition for their district.
(3) Before ordering an election on the proposition the county superin-
tendent shall first receive from the trustees of the annexing district a
resolution giving him the authority to annex such district.
(4) When the county superintendent has received authorization from
the annexing district, he shall, within ten (10) days after the receipt of
the resolution or a valid petition from the district to be annexed and as
provided by section 75-6406, order the trustees of the district to be annexed
to call an annexation election.
(5) The district shall call and conduct an election in the manner pre-
scribed in this Title for school elections. In addition:
(a) if the district to be annexed is to jointly assume with the annex-
ing district, the bonded indebtedness of the annexing district, the annexa-
tion election shall also follow the procedures prescribed in section 75-6509 ;
or
(b) if the district to be annexed is not to jointly assume with the
annexing district, the bonded indebtedness of the annexing district, the
214
schools 75-6509
annexation election shall also follow the procedures prescribed in section
75-6510.
(6) After the county superintendent has received the election certifi-
cate from the trustees of the district conducting the annexation election
under the provisions of section 75-6423 and if the annexation proposition
has been approved by such election, he shall order the annexation of the
territory of the elementary district voting on such proposition to the ele-
mentary district that has authorized the annexation to its territory. Such
order shall be issued within ten (10) days after the receipt of the election
certificate and, if it be for annexation with the assumption of bonded in-
debtedness, shall specify that all the taxable real and personal property
of the annexed territory shall jointly assume with the annexing district
the existing bonded indebtedness of the annexing district. The county su-
perintendent shall send a copy of the order to the board of county commis-
sioners and to the trustees of the districts involved in the annexation or-
der. If the annexation proposition is disapproved in the district to be
annexed, it shall fail and the county superintendent shall notify each
district of the disapproval of the annexation proposition.
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. A consolidation election involving the mutual assump-
tion of bonded indebtedness by the elementary districts to be consolidated,
as prescribed in section 75-6506, or an annexation election involving
the joint assumption of bonded indebtedness by the elementary district
to be annexed, as prescribed in section 75-6508, shall comply with the fol-
lowing procedures in addition to those prescribed by this Title for other
school elections :
(1) In a consolidation election the ballots shall read, after stating the
consolidation proposition, "FOR consolidation with assumption of bonded
indebtedness" and "AGAINST consolidation with assumption of bonded in-
debtedness."
(2) In an annexation election the ballots shall read, after stating the
annexation proposition, "FOR annexation with assumption of bonded
indebtedness" and "AGAINST annexation with assumption of bonded
indebtedness."
(3) Any elector qualified to vote under the provisions of section 75-6410
may vote.
(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) Determine if a sufficient number of the qualified electors of the
district have voted to validate the election and have voted to approve
the election proposition in the same manner required for bond elections
by section 75-7117; and
(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
215
75-6510 ELECTION LAWS
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, Cross-Reference
L. 1971; amd. Sec. 5, Ch. 83, L. 1971; amd. School elections generally, see. 75-6401
Sec. 1, Ch. 155, L. 1974. e t seq.
75-6510. Consolidation or annexation election without assumption of
bonded indebtedness. A consolidation election without the assumption of
bonded indebtedness by the elementary districts to. be consolidated, as
prescribed in section 75-6506, or an annexation election without the joint
assumption of bonded indebtedness by the elementary district to be an-
nexed, as prescribed in section 75-6508, shall be conducted in the manner
prescribed by this title for school elections. Any elector qualified to vote
under the provisions of section 75-6410 may vote at the election.
In a consolidation election the ballots shall read, after stating the con-
solidation proposition, "FOR consolidation without assumption of bonded
indebtedness" and "AGAINST consolidation without assumption of bonded
indebtedness." The consolidation proposition shall be approved by a dis-
trict if a majority of those voting in a district approve the proposition,
otherwise it shall be disapproved.
In an annexation election the ballots shall read, after stating the an-
nexation proposition, "FOR annexation without assumption of bonded in-
debtedness" and "AGAINST annexation without assumption of bonded
indebtedness." The annexation proposition shall be approved by a district
if a majority of those voting approve the proposition, otherwise it shall
be disapproved.
History: En. 75-6510 by Sec. 169, Ch. 5, Cross-Reference
L. 1971. School elections generally, see. 75-6401
et seq.
75-6511. Elementary district consolidation of two or more counties
to organize joint elementary district. Any two (2) or more elementary
districts located in more than one (1) county and whose territory is con-
tiguous may consolidate to organize a joint elementary district. When a
joint district consolidation proposition is to be introduced and considered
in two (2) or more districts, the consolidation procedure for elementary
district consolidation without the assumption of bonded indebtedness pre-
scribed in sections 75-6506 and 75-6510 shall be used except that each
district shall submit its resolution or petition and its election certificate
to the county superintendent of its resident county and the several county
superintendents shall jointly perform the duties prescribed for the county
superintendent in section 75-6506.
History: En. 75-6511 by Sec. 170, Ch. 5,
L. 1971.
75-6512. Elementary district abandonment. The county superintend-
ent shall declare an elementary district to be abandoned and order the
attachment of the territory of such district to a contiguous district of
the county when :
216
schools 75-6514
(1) a school has not been operated by a district for at least one hun-
dred eighty (180) days under the provisions of section 75-7402 for each
of three (3) consecutive school fiscal years; or
(2) there is an insufficient number of residents who are qualified elec-
tors of the district that can and will serve as the trustees and clerk of the
district so that a legal board of trustees can be organized.
The county superintendent shall notify the elementary district that
has not operated a school for two (2) consecutive years before the first
day of the third year that the failure to operate a school for one hundred
eighty (180) days during the ensuing school fiscal year shall constitute
grounds for abandonment of such district at the conclusion of the succeed-
ing school fiscal year. Failure by the county superintendent to provide
such notification shall not constitute a waiver of the abandonment require-
ment prescribed in subsection (1) above.
Any abandonment under subsection (1) shall become effective on the
first day of July. Any abandonment under subsection (2) of an elemen-
tary district shall become effective immediately on the date of the aban-
donment order.
History: En. 75-6512 by Sec. 171, Ch. 5,
L. 1971.
75-6513. Joint elementary district abandonment. Any joint elemen-
tary district shall be abandoned for the reasons prescribed in section 75-
6512 or when the taxable value of the taxable property of the portion of
the joint district that is located within any one of the counties is of so little
value that the continued inclusion of such portion in the joint district is
not justified. The county superintendent designated by section 75-6720 for
school budgeting purposes shall be responsible for ordering the abandon-
ment of the joint district and shall immediately send a copy of such order
to the county superintendent of each county with territory in the joint
district.
After the issuance or receipt of the abandonment order, each county
superintendent shall attach the territory within his county to a contiguous
elementary district within his county; except when the district is aban-
doned because of the lack of taxable property in one county's territory
of the district and a school is operated in another county's territory of
the district which territory has a taxable value of seventy-five thousand
dollars ($75,000) or more, the county superintendent of the county where
such territory is located shall not attach it to another district. Such terri-
tory shall continue to operate as an elementary district within the county.
Any abandonment of a joint elementary district shall become effective
on the date of the abandonment order except that district abandonments
under the provisions of subsection (1) of section 75-6512 shall become ef-
fective on the first day of July.
History: En. 75-6513 by Sec. 172, Ch. 5,
I*. 1971.
75-6514. Joint elementary district dissolution. Any joint elementary
district may be dissolved. A proposition to dissolve a joint elementary dis-
trict shall be introduced by a petition signed by a majority of the electors,
qualified under the provisions of section 75-6410, who reside in the terri-
217
75-6514 ELECTION LAWS
tory of the joint district that is located within one (1) county. Such peti-
tion shall be addressed and presented to the county superintendent of the
county of residence of the petitioners.
Whenever a county superintendent receives a valid petition for the
dissolution of a joint elementary district, he shall immediately notify the
county superintendents of all the other counties with territory located in
the joint district. The county superintendents jointly shall, within ten (10)
days after the receipt of the petition and as provided by section 75-6406,
order the trustees of the joint district to call an election. The trustees shall
call and conduct, at the same time, separate elections in each portion of
the joint district that is located in a separate county. Such elections shall
be called and conducted in the manner prescribed in this title for school
elections and shall be considered as if each were an election in a separate
district. An elector who may vote at a joint district dissolution election
shall be qualified to vote under the provisions of section 75-6410. The elec-
tion judges for each separate election in the joint district shall send the
election certificate to the county superintendent of the county in which they
serve.
After the receipt of the election certificates, the county superintendents
shall jointly determine the result of such election on the following basis:
(1) If a majority of all the joint district electors voting at each elec-
tion conducted in the joint district are in favor of the dissolution of the
joint district, the dissolution of the joint elementary district shall be
approved;
(2) If two-thirds (2/3) of the electors voting at one of the elections
conducted in a county's portion of the joint district vote in favor of the
joint district dissolution, the dissolution of that portion of such joint dis-
trict may be approved if all the county superintendents involved in such
dissolution proposition agree that such dissolution will not place an undue
hardship on any other county's portion of the joint district and there is
no good and sufficient reason why such dissolution should not be made; or
(3) If the conditions of either subsection (1) or (2) cannot be satis-
fied, the dissolution of the joint district shall be disapproved.
The county superintendents shall jointly order the joint elementary district
dissolution if the proposition is approved and, whether it has been approved
or disapproved, shall jointly notify the joint district of the result. The
dissolution of a joint district shall become effective on the first day of the
ensuing school fiscal year.
When the dissolution of a joint elementary district has been approved
and ordered under subsection (1) above, the county superintendent of
each county shall individually order the attachment of the territory of the
dissolved joint elementary district within his county to a contiguous ele-
mentary district within his county; except when a school is operated in
such territory, in which case the territory shall operate as a separate ele-
mentary district of the county.
When the dissolution of a joint elementary district has been approved
and ordered under the provisions of subsection (2) above, the county
superintendent of the county where the dissolved portion of the joint ele-
mentary district is located shall attach such territory to a contiguous
elementary district within his county.
218
schools 75-6516
In the event a dissolution proposition is disapproved, no subsequent
joint elementary district dissolution election shall be held within three
(3) years thereafter.
History: En. 75-6514 by Sec. 173, Ch. 5,
L. 1971.
75-6515. Boundary change of licensed child care institution elemen-
tary district. The boundaries of any elementary district created under the
provisions of chapter 105, Laws of 1965 shall be changed by the acquisi-
tion of any land contiguous to the district by the licensed child care insti-
tution for which such district was created. The boundaries shall be changed
to include the additional acquired land in the district.
History: En. 75-6515 by Sec. 174, Ch. 5, Compiler's Note
L - 1971 ' Chapter 105, Laws of 1965 (sec. 75-5501
ct seq.), referred to in the first paragraph,
was repealed by Sec. 496, Ch. 5, Laws 1971.
75-6516. Transfer of territory from one elementary district to another.
A majority of the electors of any elementary district, who are qualified to
vote under the provisions of section 7o-6410 and who reside in territory
which is a part of an elementary district, may petition the county super-
intendent to transfer such territory to another elementary district when :
(1) such territory is contiguous to the district to which it is to be
attached ;
(2) such territory is not located within three miles, over the shortest
practical route, of an operating school of the district from which it is to
be detached; and
(3) the transfer of such territory will not reduce the taxable value
of the district to less than one hundred thousand dollars ($100,000) unless
the remaining territory of the district will contain not less than fifty thou-
sand (50,000) acres of nontaxable Indian land.
The petition shall be addressed to the county superintendent and shall
describe the territory that is requested to be transferred and to what dis-
trict it is to be transferred, state the reasons why such transfer is re-
quested and state the number of elementary school-age children residing
in such territory.
On receipt of a valid petition for a territory transfer, the county super-
intendent shall file such petition, set a hearing place, date, and time for
consideration of the petition that is not more than forty (40) days after
receipt of the petition and give notice of the place, date, and time of the
hearing. The notices shall be posted in the districts affected by the request
in the manner prescribed in this title for school elections, with at least
one such notice posted in the territory to be transferred.
The county superintendent shall conduct the hearing as scheduled, and
any resident or taxpayer of the affected districts shall be heard. If the
county superintendent shall deem it advisable and in the best interests of
the residents of such territory, he shall grant the petitioned request ami
order the change of district boundaries to coincide with the boundary
description in the petition. Otherwise, lie shall, by order, deny the re-
quest. Either of the orders shall be final thirty (:{()) days after its date
219
75-6516.1 ELECTION LAWS
unless it is appealed to the board of county commissioners by a resident
or taxpayer of either district affected by the territory transfer. The deci-
sion of the board of county commissioners, after a hearing on such matter
and consideration of the material presented at the county superintendent's
hearing, shall be final thirty (30) days after its date unless a peti-
tion to submit the question to a vote of the people in the district from
which the land is to be transferred, which has been signed by a majority
of the electors of the district who reside in the territory to be transferred
and who are qualified to vote in elections for that district under section
75-6410, R. C. M. 1947, is presented prior to that time. When a petition
is submitted under this subsection, the question of whether the land shall
be transferred to another district shall be put before the voters at the
next regular school election in the affected district.
Whenever a petition to transfer territory from one elementary district
to another elementary district would create a joint elementary district or
affect the boundary of an existing joint elementary district, the petition
shall be presented to the county superintendent of the county where the
territory is located. Such county superintendent shall notify any other
county superintendents of counties with districts affected by such petition
and the duties prescribed in this section for the county superintendent and
the board of county commissioners shall be performed jointly by such
county officials.
History: En. 75-6516 by Sec. 175, Ch. 5,
L. 1971; amd. Sec. 6, Ch. 83, L. 1971;
amd. Sec. 1, Ch. 256, L. 1975.
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.
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) the taxable value of the taxable property of the territory proposed
to be included in such new district is seventy-five thousand dollars ($75,-
000) or more, except that when fifty thousand (50,000) acres or more of
220
SCHOOLS 75-6518
such new district are nontaxable Indian land, this limitation shall not be
applicable;
(2) the taxable value of the taxable property of each existing dis-
trict from which territory would be detached will be one hundred thou-
sand dollars ($100,000) or more after the territory is detached; and
(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;
ami Sec. 2, Ch. 256, L. 1975.
75-6518. Procedure for creation of a new elementary district. The
petition requesting the creation of a new elementary district out of the
territory of an elementary district or districts shall be addressed to the
county superintendent and shall :
(1) describe the territory that is requested to be incorporated in the
new district and the taxable value of such territory as shown by the last
completed assessment roll;
(2) state the reasons why the creation of a new district is requested;
and
(3) be signed by the parents or guardians of not less than ten (10)
children between the ages of six (6) and sixteen (16) years who reside in
the territory that would be included in the new district and who reside
more than three (3) miles over the shortest practical route from an oper-
ating school.
When a county superintendent receives a valid petition requesting the
creation of a new district, he shall file such petition, set a hearing place,
date, and time for consideration of such petition that is not more than
forty (40) days after the receipt of the petition and give notice of the
place, date, and time of the hearing. The notices shall be posted in the dis-
tricts affected by the request in the manner prescribed in this Title for
school elections, with at least one such notice posted in the territory to
be included in the new district.
The county superintendent shall conduct the hearing as scheduled un-
less before or at the time of the hearing he receives a protest petition
signed by a majority of the electors of the proposed new district who are
qualified to vote under the provisions of section 75-6410. A valid protest
petition shall conclusively deny the creation of a new district. If a hearing
is conducted, any resident or taxpayer of the affected districts shall be
heard. If the county superintendent shall deem it advisable and in the best
interests of the residents of the proposed new district, he shall grant the
petitioned request and order the creation of a new elementary district
with its boundaries coinciding with the boundaries defined in the petition.
Otherwise, he shall, by order, deny the request.
Either of the county superintendent's orders may be appealed to the
board of county commissioners within thirty (30) days after the date of
such order. Such appeal shall be in writing, signed by not less than three
(3) resident taxpayers, and shall state sufficient facts to show the appel-
221
75-6519 ELECTION LAWS
lants' right to appeal the order. The board of county commissioners shall
call a hearing of such appeal for the first regular meeting of the commis-
sion that will allow notice of the hearing to be given in accordance with
the requirements for notice of school elections. After considering the ma-
terial presented at the county superintendent's hearing and such other
material as is presented at its hearing, the board of county commis-
sioners shall render a decision on the creation of such new elementary
district. Such decision shall be final.
When a new elementary district is created, the county superintendent
shall appoint the trustees of the new district giving preference in his selec-
tions to any trustees who were trustees of an old district and who reside
in the new district. Any trustee position vacancies that may occur in the
other districts shall be filled in the manner provided for filling trustee
position vacancies for such district. Any trustee appointed under the
provisions of this section shall serve until a successor is elected at the next
regular school election and qualified.
The order of the county superintendent or, if his order is appealed,
the decision of the board of county commissioners creating a new district
under this section shall be null and void and the new district shall cease
to exist, if such district does not open and operate a school within eight
(8) months after the date of such order or decision. If the new district
does not satisfy this requirement, the territory shall be re-incorporated
in the district or districts in which it was located before the creation of
such new district, and the trustees shall, thereafter, be without capacity
to act.
History: En. 75-6518 by Sec. 177, Ch. 5,
L. 1971.
75-6519. Methods of changing' high school district boundaries.
The trustees of any high school district, except the trustees of a high school
located in a county which has not been divided into high school districts
or become a high school district by county high school unification, may
request a change of the high school boundaries of their district or county
as provided by this section.
Whenever the trustees of a high school district shall pass a resolution
requesting the change of their district's boundary or the redivision of the
county into high school districts, they shall send such resolution to the
county superintendent. When the trustees request a boundary change of
their district or a redivision of the county into high school districts, they
shall describe the requested boundary change or redivision and give
the reasons therefor. A requested boundary change of a district shall con-
form to one of the following types:
(1) consolidation of high school districts shall be the merging of two
(2) or more high school districts to form a single high school district ;
(2) annexation shall be the attachment of all the territory of a high
school district to another high school district or districts ;
(3) transfer of territory shall be the detachment of territory from a
high school district and the attachment of such territory to another high
school district or districts ; or
222
schools 75-6521
(4) creation of a new high school district shall be the formation of a
new high school district from the territory presently incorporated in the
requesting high school district.
Whenever the trustees of any high school district request a boundary
change or a redivision that would create a joint high school district or, in
any way, affect the boundary of an existing joint high school district,
they shall send the boundary change resolution to the county superintend-
ent of each county that would be affected by such boundary change.
History: En. 75-6519 by Sec. 178, Ch. 5,
L. 1971.
75-6520. Establishment of high school districts in a county. The trus-
tees of a high school district located in a county, which has not been
divided into high school districts or become a high school district by
county high school unification, may request the division of the county
into a high school district or districts. The request shall be sent to the
county superintendent.
History: En. 75-6520 by Sec. 179, Ch. 5,
L. 1971; amd. Sec. 1, Ch. 44, L. 1971.
75-6521. High school boundary commission and boundary change, di-
vision or redivision hearing procedure. Each county of the state of Mon-
tana shall have a high school boundary commission consisting of the board
of county commissioners and the county superintendent. Whenever a county
superintendent receives a resolution from the trustees of any high school
district requesting a boundary change or a request to divide or redivide
the county into high school districts, he shall immediately notify the high
school boundary commission. Such commission shall set a time, date, and
place for a public hearing on the request. The hearing shall be set for a
date within sixty (60) days after the receipt of the request and any in-
terested person may appear and be heard on such request. The county su-
perintendent shall send a written notice of the public hearing on a re-
quested boundary change, division, or redivision to the trustees of each
elementary and high school district of the county which has territory
that would be affected by the change. The county superintendent shall
also give notice of such public hearing in accordance with the requirement
for school election notices prescribed by school election provisions of this
Title. The certificate of the county superintendent filed with the high school
boundary commission reciting that such notice requirements have been sat-
isfied shall be conclusive.
In considering a request to change high school district boundaries
or to divide or redivide the county into high school districts, the high
school boundary commission shall give primary consideration to the con-
venience of the high school pupils of the territory under consideration.
Such commission also shall consider the grouping of elementary districts
to be encompassed by a high school district or districts, and shall group
contiguous elementary districts within a high school district unless ob-
stacles of travel such as mountains, rivers, impractical routes of travel, or
distance make such grouping impractical. After the hearing, the high
school boundary commission may grant or deny any request, made under
the provisions of section 75-(i51f>. for a high school district boundary
223
75-6522 ELECTION LAWS
change, but shall order the division of the county into high school districts
whenever requested under the provisions of section 75-6520. In the latter
case the commission's discretion shall extend only to the establishing of
boundaries for the newly created high school district or districts.
History: En. 75-6521 by Sec. 180, Ch. 5,
L. 1971.
75-6522. Approval of high school district boundary when elementary
district territory divided by commission. If the order of a high school
boundary commission would divide the territory of any elementary district
between two (2) or more high school districts or would divide the territory
of a joint elementary district which is located within the county between
high school districts, the county superintendent shall, under the provisions
of section 75-6406, order the trustees of such elementary district to call
an election. The election shall be called and conducted in the manner pre-
scribed in this Title for school elections. An elector who may vote on the
proposition shall be qualified under the provisions of section 75-6410.
If the election is required because of the division of the territory of a joint
elementary district located in the county, the electors shall be residents
of such territory. If a majority of the electors voting at such election ap-
prove the division of the elementary district or the county's territory in
a joint elementary district, the order of the high school boundary com-
mission shall be approved. If a majority of the electors voting at such elec-
tion do not approve such division, the high school boundary commission
shall reconsider its action and shall establish different high school boun-
dary lines, subject to the same limitations herein described.
History: En. 75-6522 by Sec. 181, Ch. 5,
L. 1971.
75-6523. Counter-proposed high school district boundaries by electors
and election. Whenever a high school boundary commission issues an
order to change high school district boundary lines, twenty per cent
(20%) or more of the electors of any elementary district with territory af-
fected by the high school boundary change who are qualified to vote under
the provisions of section 75-6410 may protest the boundaries established
by the order of the commission within thirty (30) days after the date of
such order. Such protest shall be in the form of a petition addressed to
the county superintendent and it shall provide a counter-proposition to
the new high school boundaries established by the order of the commis-
sion for the disposition of the territory of the elementary district for high
school districting purposes. The provisions of this section shall not be
used in elementary districts that have approved high school boundaries
under the provisions of section 75-6522.
"When the county superintendent receives a valid petition from an
elementary district, he shall, within ten (10) days after the receipt of such
petition, and as provided by section 75-6423, order the trustees of such
elementary district to call an election to consider the higli school boundary
counter proposition described in such petition. The trustees shall call and
conduct the election in the manner prescribed in this Title for school elec-
tions. An elector who may vote on the proposition shall be qualified to vote
under the provisions of section 75-6410. If a majority of the electors voting
224
schools 75-6526
at the election approve the counter-proposition, the high school boundaries
described by the counter-proposition shall be approved, and tlie order of
the high school boundary commission shall be amended to establish such
high school boundaries. If a majority of the electors voting at such elec-
tion disapprove the counter-proposition, the order of the high school boun-
dary commission shall be confirmed and shall be final.
History: En. 75-6523 by Sec. 182, Ch. 5,
L. 1971.
75-6524. High school district abandonment. "Within six (6) months
after a high school district fails to operate an accredited high school within
its boundaries for a period of one (1) year, the county superintendent
shall order the high school district abandoned. At least twenty (20) days
before issuing an abandonment order, the county superintendent shall noti-
fy the trustees of the high school district of the impending abandonment.
When the order is issued, the county superintendent also shall order the
attachment of the territory of each elementary district of the abandoned
high school district to another high school district or districts of the coun-
ty.
History: En. 75-6524 by Sec. 183, Ch. 5,
L. 1971.
75-6525. Limitations for organization of joint high school district.
The boundaries of any high school district which encompass a county's
portion of a joint elementary district where an elementary school is oper-
ated may be changed to establish a joint high school district. fSuch high
school district boundary change shall be a transfer of all the territory
located in another county's portion of the same joint elementary district.
No such boundary change shall be made when :
(1) the territory transfer would reduce the taxable value of the tax-
able property of another high school district to less than one million dol-
lars ($1,000,000) ; or
(2) a portion of the territory to be transferred is less than three
(3) miles from an operating, accredited high school located in another
high school district.
History: En. 75-6525 by Sec. 184, Ch. 5,
L. 1971; amd. Sec. 3, Ch. 256, L. 1975.
75-6526. Procedure for organization of joint high school district.
The high school district boundary changes permitted under section 75-G525
shall be made according to the following procedure :
(1) A majority of the electors of a joint elementary district who are
qualified to vote under the provisions of section 75-6410 and who reside
in a county where the elementary school is not located may petition the
county superintendent of their resident county to transfer the territory
of the joint elementary district where they reside to establish a joint high
school district. Such petition also shall state the reasons for requesting
such a boundary change and the number of high school pupils residing in
the territory.
(2) When the county superintendent receives a valid petition re-
225
75-6538 ELECTION LAWS
questing the establishment of a joint high school district, he shall set a time,
date, and place for a public hearing on the request which is not more than
forty (40) days after the receipt of the petition. He shall give notice of
such hearing in accordance with the election requirements for school
election notices prescribed by school election provisions of this Title. The
county superintendent shall also notify the county superintendent of the
county where the high school is located and the trustees of the high school
district.
(3) The county superintendent shall hear the request to change the
high school district boundaries at the place, time, and date set for the
hearing, and any interested person may appear and be heard on the request.
If the county superintendent deems it advisable and in the best interests of
the residents of the territory to be transferred, he shall grant the peti-
tioned request and order the change of high school boundaries to estab-
lish a joint high school district. Otherwise, he shall, by order, deny the re-
quest.
(4) If the county superintendent orders the establishment of a joint
high school district, he shall immediately send the order to the county su-
perintendent of the county where the high school is located. If the county
superintendent of such county approves the order, he shall send such order
to the trustees of the high school district. If the trustees approve the order,
the boundary change shall become effective. Without the approval of such
county superintendent and trustees, the boundary change shall fail.
(5) At any time within thirty (30) days after the date of the county
superintendent's order to grant or deny the request to establish a joint
high school district, an appeal may be made to the board of county com-
missioners of the county in which the petition originated. The board of
county commissioners shall conduct a hearing for the appeal, and their
decision shall be final, subject to the approvals required by subsection
(4).
History: En. 75-6526 by Sec. 185, Ch. 5,
L. 1971.
75-6538. County high school unification. Any county high school may
be unified with the elementary district where the county high school build-
ing is located to establish a unified school system under a unified board of
trustees. If the county has not been divided into high school districts, a
high school district with boundaries coterminous with the county bounda-
ries shall be created, except that such high school district shall not include
the territory of any existing joint high school district located in the county.
The territory of an existing joint high school district shall remain a part
of such joint high school district. The creation of high school districts
under this provision shall be in lieu of the high school district division
provisions of section 75-6520.
A proposition to unify a county high school with the elementary district
where the county high school building is located shall be introduced
whenever :
(1) the trustees of the county high school and the trustees of the ele-
mentary district individually pass resolutions requesting the county super-
226
schools 75-6539
intendent to order an election to consider a unification proposition ; or
(2) not less than twenty per cent (20%) of the electors of the county
or, if the county has been divided into high school districts, the electors of
the high school district where the county high school is located, and who
are qualified to vote under the provisions of section 75-6410, petition the
county superintendent to order an election to consider u unification proposi-
tion.
When the county superintendent has received the trustees' resolutions
or a valid petition, he shall, within ten (10) days after the receipt of the
last resolution or petition and under the provisions of section 75-6406, order
the county high school to call an election to consider a unification prop-
osition. The trustees of the county high school shall call and conduct an
election in the manner prescribed in this title for school elections. An
elector who may vote on the unification proposition shall be qualified to
vote under the provisions of section 75-6410. The ballot for a county high
school unification proposition shall be substantially in the following form :
OFFICIAL BALLOT
COUNTY HTGH SCHOOL UNIFICATION
ELECTION
Shall County High School be unified with District No.
, County to establish a unified school system under a
unified board of trustees?
□ FOR the unification of the county high school.
□ AGAINST the unification of the county high school.
"When the county superintendent receives the election certificate from
the trustees of the county high school, he shall issue an order declaring
the unification of the county high school with the elementary district iden-
tified on the ballot as of the next succeeding July 1, if a majority of those
electors voting at such election have voted for the unification proposition.
If a majority of those electors voting at the election have voted against
the unification proposition, he shall order the disapproval of the unification
proposition.
History: En. 75-6538 by Sec. 197, Ch. 5,
L. 1971.
75-6539. Transactions after approved county high school unification.
Whenever a county high school is unified with the elementary district
where the county high school building is located, the following transac-
tions shall be completed on or before t lie first of July when the unification
becomes effective :
(1) The high school boundary commission, without the approval of
the superintendent of public instruction, shall order the creation of a high
school district if the county has not already been divided into high school
districts.
(2) The county high school trustees, who shall not have tin- capacity
to govern the high school district upon unification, shall surrender all
227
75-6923 ELECTION LAWS
minutes, documents and other records of the county high school to the trus-
tees of the high school district.
(3) The county superintendent shall order the establishment of addi-
tional high school trustee nominating areas in the manner prescribed in
sections 75-5903 and 75-5904, if requested to do so by a majority of the
outlying elementary districts located in the high school district. When the
county superintendent establishes such areas, he shall appoint additional
high school district trustees from each area who shall hold office until a
successor is elected at the next regular school election and qualified.
(4) The county treasurer, after allowing for any outstanding or
registered warrants, shall transfer all end-of-the-year fund cash balances
of the county high school to similar funds established for the high school
district. All previous years' taxes levied and collected for the county high
school shall be credited to the appropriate fund of the high school district.
(5) The board of county commissioners shall execute, in the name of
the county, all necessary and appropriate deeds, bills of sale and other
instruments for the conveyance of title to all real and personal property
of the county high school, including all appurtenances and hereditaments,
to the high school district.
All county high school bonds outstanding at the time of unification
shall remain the obligation of the county or that portion of the county
against which the bonds were originally issued. The high school district
shall be responsible for the maintenance of the debt service fund for such
bonds. It shall be the duty of the board of county commissioners and the
trustees of the high school district to perform the duties prescribed in the
school budgeting and bond redemption provisions of this title for the re-
demption and interest payments of the county high school bonds in the
same manner and by the same means as though the county high school had
not been unified.
History: En. 75-6539 by Sec. 198, Ch. 5,
L. 1971.
CHAPTER 69— STATE EQUALIZATION AID TO PUBLIC SCHOOLS
75-6923. Additional levy for general fund and election for authoriza-
tion 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 established by the schedule in section 75-6905 for any of the following
purposes:
(1) building, altering, repairing or enlarging any school house of the
district;
(2) furnishing additional school facilities for the district ;
(3) acquisition of land for the district;
(4) proper maintenance and operation of the school programs of the
district.
However, when the trustees adopt a total general fund budget which
exceeds one hundred ten per cent (110%) of the general fund budget for
the preceding year, they shall file a notice of this increase with the super-
228
schools 75-6923
intendent of public instruction, setting forth the specific reasons for in-
creasing 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
proposition 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 sec-
tion 75-6319, R. C. M. 1947. Such special election shall be called and con-
ducted 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 ex-
pended, 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) ?
"□ PX)R the additional levy.
□ 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 proposi-
tion shall carry and the trustees may use any portion or all of the au-
thorized 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 super-
intendent and the county commissioners shall levy such number of mills
on the taxable value of all taxable property within the district as pre-
scribed in section 75-6926, as arc required to raise the amount of such addi-
tional levy.
Authorization to levy an additional tax under the provisions of this
section shall be effective for only one (1) 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 See. 273, Ch. 5, 214, L. 1974; amd. Sec. 1, Ch. 230, L. 1974;
L. 1971; amd. Sec. 7, Ch. 83, K 1971; amd. amd. Sec. 1, Ch. 346, L. 1974; amd. Sec.
S«c. 6, Ch. 355, L. 1973; amd. Sec. 1, Ch. 1, Ch. 454. L. 1975.
229
75-7015 ELECTION LAWS
CHAPTER 70
SCHOOL BUSES AND TRANSPORTATION OF PUPILS
75-7015. Duties of the county transportation committee. It shall bo
the duty of the county transportation committee to :
(1) establish the transportation service areas within the county, with-
out regard to district boundary lines, which will define the geographic
area of responsibility for school bus transportation for each district that
operates a school bus transportation program;
(2) approve, disapprove, or adjust the school bus routing submitted
by the trustees of each district in conformity with the transportation serv-
ice areas established in subsection (1) ;
(3) approve, disapprove, or adjust applications, approved by the
trustees, for increased reimbursements for individual transportation due
to isolated conditions of the eligible transportee's residence; and
(4) conduct hearings to establish the facts of transportation contro-
versies which have been appealed from the decision of the trustees, and
act on such appeals on the basis of the facts established at such hearing.
After a fact-finding hearing and decision on a transportation contro-
versy, the trustees or a patron of the district may appeal such decision to
the superintendent of public instruction who shall render a decision on the
basis of the facts established at the county transportation committee
hearing.
The trustees of any district which objects to a particular school bus
route or transportation service areas to which it has been assigned may
request a transfer to another school bus route or transportation service
areas to which it has been assigned may request a transfer to another
school bus route or transportation service area. The county transportation
committee may transfer the territory of such district to au adjacent
district's transportation service area or approved school bus route with
the consent of such adjacent district. When the qualified electors of the
district object to the decision of the county transportation committee
and the adjacent district is willing to provide school bus service, twenty
per cent (20%) of the qualified electors, as prescribed in section 75-6410,
may petition the trustees to conduct an election on the proposition that
the territory of such district be transferred for school bus transportation
purposes to such consenting, adjacent district. When a satisfactory petition
is presented to the trustees, the trustees shall call an election in accord-
ance with section 75-6406 for the next ensuing regular school election day.
Such election shall be conducted in accordance with the school election
laws. If a majority of those voting at such election approve the transfer,
it shall become effective on the first day of July of the ensuing school fiscal
year.
Unless a transfer of a district from one transportation service area or
approved school bus route to another such area or route is approved by
the county transportation committee and the superintendent of public in-
struction, the state transportation reimbursement shall be limited to the
230
SCHOOLS 75-7111
reimbursement amount for school bus transportation to the nearest oper-
ating public elementary school or public high school, whichever is appro-
priate for the affected pupils.
History: En. 75-7015 by Sec. 292, Ch. 5,
L. 1971.
CHAPTER 71— SCHOOL DISTRICT AND COUNTY SCHOOL BONDS
75-7109. Refunding bonds may be issued without an election. Bonds
of a school district issued for the purpose of providing the money needed
to redeem outstanding bonds may be issued without submitting the propo-
sition to the electorate at an election. In order to issue bonds for such
purpose, the trustees, at a regular meeting or a duly called special meet-
ing, shall adopt a resolution setting forth :
(1) the facts regarding the outstanding bonds that are to be redeemed ;
(2) the reasons for issuing new bonds ; and
(3) the term and details of the new bond issue.
After the adoption of such resolution, the trustees shall give notice of the
sale of such new bonds in the same manner that notice is required to be
given for the sale of bonds authorized at a school election. Such now
bonds shall be sold in open competitive bidding, by written bids, or by
sealed bids. Bonds shall not be refunded by the issuance of new bonds
unless the rate of interest offered on the new bonds is at least one-half
(V2) of one per cent (1%) per annum less than the rate of interest in the
bonds to be refunded or redeemed.
History: En. 75-7109 by Sec. 310, Ch. 5,
L. 1971.
75 7110. Election required to authorize the issuance of school district
bonds and the methods of introduction. A school district shall not issue
bonds for any purpose other than that provided in section 75-7109 unless
the issuance of bonds has been authorized by the qualified electors of the
school district at an election called for the purpose of considering a proposi-
tion to issue such bonds. A school district bond election shall be called by
a resolution as prescribed under the provisions of section 75-6406 when :
(1) the trustees, of their own volition, adopt a resolution to that
effect ; or
(2) the trustees have received a petition which asks that an election
be held to consider a bond proposition and which has been validated under
the provisions of section 75-7114.
History: En. 75-7110 by Sec. 311, Ch. 5, Cross-References
*•• 1971. County school bond issues, election re-
quired, sec. 75-7135.
School elections, sec. 75-6401 et seq.
75-7111. Additional requirements for trustees resolution calling bond
election. In addition to the requirements for calling an election that are
prescribed in sections 75-6406 and 75-6408, the trustees' resolution calling
a school district bond election shall :
231
75-7112 ELECTION LAWS
(1) fix the exact amount of the bonds proposed to be issued, which
may be more or less than the amounts estimated in a petition ;
(2) fix the maximum number of years in which the proposed bonds
would be paid ; and
(3) in the case of initiation by a petition, state the essential facts
about the petition and its presentation.
History: En. 75-7111 by Sec. 312, Ch. 5,
L. 1971.
75-7112. Form, contents and circularization of petition proposing
school district bond election. Any petition for the calling of an election
on the proposition of issuing school district bonds shall :
(1) plainly state each purpose of the proposed bond issue and the
estimated amount of the bonds that would be issued for each purpose ;
(2) be signed by not less than twenty per cent (20%) of the school
district electors qualified to vote under the provisions of section 75-6410
in order to constitute a valid petition ;
(3) be a single petition or it may be composed of more than one peti-
tion, all being identical in form, and after being circulated and signed they
shall be fastened together to form a single petition when submitted to the
county registrar;
(4) be circulated by any one or more qualified electors of the school
district ; and
(5) contain an affidavit of each registered elector circulating a peti-
tion attached to the portion of the petition he circulated. Such affidavit
shall attest to the authenticity of the signatures and that the signers knew
the contents of the petition at the time of signing it.
History: En. 75-7112 by Sec. 313, Ch. 5,
L. 1971; amd. Sec. 8, Ch. 83, L. 1971.
75-7113. Validation of petition and county registrar's certificate. The
petitioners for a school district bond election shall submit their petition
to the county registrar of the county where the school district is located
for validation of the signatures on the petition. The county registrar shall
examine the petition and shall attach or endorse thereon a certificate which
shall state :
(1) the total number of electors of the school district who are, at
the time, qualified to vote under the provisions of section 75-6410 ;
(2) which and how many of the persons whose names are subscribed
to the petition possess the qualifications to vote on a bond proposition;
and
(3) whether the number of qualified signers established in subsec-
tion (2) is more or less than twenty per cent (20%) of the total number
of qualified electors established in subsection (1).
After completing the examination, the county registrar shall immedi-
ately send the petition and his certificate to the school district. The county
registrar shall not receive compensation for the examination of school
district bond petitions.
History: En. 75-7113 by Sec. 314, Ch. 5,
L. 1971; amd. Sec. 9, Ch. 83, L. 1971.
232
schools 75-7116
75-7114. Trustees' consideration of validated petition proposing bond
election. When a school district receives a school district bond petition
from the county registrar, a meeting of the trustees shall be called for
the consideration of the petition. The trustees shall be the judges of the
adequacy of the petition and their findings shall be conclusive against
the school district in favor of the innocent holder of bonds issued pursuant
to the election called and held by reason of the presentation of such peti-
tion. The petition shall be valid if the trustees find that it is in proper
form and bears the signatures of not less than twenty per cent (20%) of the
school district electors who are qualified to vote under the provisions of
section 75-6410.
History: En. 75-7114 by Sec. 315, Ch. 5,
L. 1971; amd. Sec. 10, Ch. 83, L. 1971.
75-7115. Preparation and form of ballots for bond election. The
school district shall cause ballots to be prepared for all bond elections, and
whenever bonds for more than one purpose are to be voted upon at the
same election, separate ballots shall be prepared for each purpose. All such
ballots shall be substantially in the following form :
OFFICIAL BALLOT
SCHOOL DISTRICT BOND ELECTION
INSTRUCTIONS TO VOTERS: Make an X or similar mark in the
vacant square before the words "BONDS— YES" if you wish to vote for
the bond issue ; if you are opposed to the bond issue make an X or similar
mark in the square before the words "BONDS — NO."
Shall the board of trustees be authorized to issue and sell bonds of this
school district in the amount of dollars ($ ) bearing in-
terest at a rate not more than seven per cent (7%) per annum, payable
semiannually, during a period not more than years, for the purpose
(here state the purpose the same way as in the notice of elec-
tion).
□ BONDS — YES.
□ BONDS — NO.
History: En. 75-7115 by Sec. 316, Ch. 5,
L. 1971; amd. Sec. 39, Ch. 234, L. 1971.
75-7116. Notice of bond election by separate purpose. Any school dis-
trict bond election shall be conducted in accordance with the school election
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 resolu-
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.,
233
75-7117 ELECTION LAWS
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 than 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.
75-7117. Determination of approval or rejection of proposition at bond
election. When the trustees canvass the vote of a school district bond
election under the provisions of section 75-6423, they shall determine the
approval or rejection of the school bond proposition in the following man-
ner:
(1) determine the total number of electors of the school district who
are qualified to vote under the provisions of section 75-6410 from the
list of electors supplied by the county registrar for such school bond
election ;
(2) determine the total number of qualified electors who voted at the
school bond election from the tally sheet or sheets for such election ;
(3) calculate the percentage of qualified electors voting at the school
bond election by dividing the amount determined in subsection (2) by the
amount determined in subsection (1) ; and
(4) when the calculated percentage in subsection (3) is forty per
cent (40%) or more, the school bond proposition shall be deemed to have
been approved and adopted if a majority of the votes shall have been cast
in favor of such proposition, otherwise it shall be deemed to have been
rejected; or
(5) when the calculated percentage in subsection (3) is more than
thirty per cent (30%) but less than forty per cent (40%), the school bond
proposition shall be deemed to have been approved and adopted if sixty
per cent (60%) or more of the votes shall have been cast in favor of such
proposition, otherwise it shall be deemed to have been rejected ; or
(6) when the calculated percentage in subsection (3) is thirty per
234
schools 75-7134
cent (30%) or less, the school bond proposition shall be deemed to have
been rejected.
If the canvass of the vote establishes the approval and adoption of the
school bond proposition, the trustees shall issue a certificate proclaiming the
passage of such proposition and the authorization to issue bonds of the
school district for the purposes specified on the ballot for such school
district bond election.
History: En. 75-7117 by Sec. 318, Ch. 5,
L. 1971; amd. Sec. 11, Ch. 83, L. 1971.
75-7118. Trustees resolution to issue school district bonds. Within
sixty (60) days after the date of the election certificate or as soon there-
after as is practical in the judgment of the trustees, the trustees shall
adopt a resolution providing for the issuance of bonds of the school dis-
trict. Such resolution also shall specify :
(1) the number of series or installments in which the bonds are to be
issued ;
(2) the amount of bonds to be issued ;
(3) the maximum rate of interest;
(4) the purpose or purposes of the issue ;
(5) the date the issue will bear ;
(6) the period of time through which the issue will be paid ;
(7) the manner of execution of the bonds;
(8) that amortization bonds will be preferred but also fix the denomi-
nation of serial bonds; and
(9) the date and time that the sale of the bonds shall be conducted.
History: En. 75-7118 by Sec. 319, Ch. 5,
L. 1971.
75-7134. Purposes and petition for county high school bonds. Any
county where a county high school that has not been placed in a high
school district is located 111:13' become indebted by the issuance of bonds
for the purposes of:
(1) purchasing or erecting a building or buildings for high school
purposes ;
(2) remodeling, enlarging, or repairing ;i building or buildings for
high school purposes;
(3) purchasing equipment for high school purposes ;
(4) purchasing, erecting, or equipping a high school dormitory or
gymnasium ;
(5) purchasing a suitable site or sites for such high school building; or
(6) refunding or redeeming any outstanding bonds originally issued
for any of the foregoing purposes.
In order to initiate any bonding proposition for the above purposes, a
petition signed by not less than twenty per cent (20%) of the electors
of the county who are qualified under section 75-6410 shall be presented to
the trustees of the county high school. Such petition shall request the sub-
235
75-7135 ELECTION LAWS
mission of a bond proposition to the qualified electors of the county, and
shall specify the purpose or purposes of the proposed bond issue and the
amount of bonds to be issued. Such petition shall conform with the peti-
tion requirements prescribed in section 75-7112. If the trustees of the
county high school approve a validated petition for a bond proposition,
they shall request the board of county commissioners of the county to
submit such bond proposition to the qualified electors of the county.
History: En. 75-7134 by Sec. 335, Ch. 5,
L. 1971; amd. Sec. 12, Ch. 83, L. 1971.
75-7135. Duty of board of county commissioners to call election and
issue bonds. Immediately upon the receipt of any bond proposition re-
quest from the trustees of the county high school, it shall be the duty of
the board of county commissioners to submit such question to the qualified
electors of the county in the manner otherwise provided by law for the
submission of the proposition of the issuance of other county bonds. If a
majority of the qualified electors of the county, voting upon the proposi-
tion so submitted, shall approve such issue, then the board of county
commissioners shall issue and market the bonds authorized as in the
case of other county bonds.
History: En. 75-7135 by Sec. 336, Ch. 5,
L. 1971.
75-7136. Proration of county bond proceeds between high schools
of the county. In any county where a county high school is located and
such county high school is not located in a county that has been divided
into high school districts and another high school is maintained by an
elementary district of the county, bonds of the county may likewise be
issued in accordance with the provisions of sections 75-7134 and 75-7135.
The proceeds of such issue shall be divided among the county high school
and the districts maintaining a high school. The question submitted to the
electors of the county shall state the amount which is to be allotted to the
county high school and the amount which is to be apportioned to or among
such districts. In all such cases, the amount allotted to the county high
school and the amount to be apportioned among the districts shall be com-
puted upon the basis of the taxable valuation of the county that is used
for county high school property taxation purposes and the taxable valua-
tion of the districts maintaining a high school. Any such bond moneys
apportioned to a district shall not be expended until the purpose for the
expenditure has been approved by a vote of the qualified electors at an
election held in the same manner prescribed for a school district bond
election.
History: En. 75-7136 by Sec. 337, Ch. 5,
L. 1971.
CHAPTER 72
ELEMENTARY TUITION AND SPECIAL PURPOSE FUNDS
75-7205. Purpose and authorization of a building reserve fund by an
election. The trustees of any district, with the approval of the qualified
electors of the district, may establish a building reserve for the purpose
236
schools 75-7205
of raising money for the future construction, equipping or enlarging of
school buildings or for the purpose of purchasing land needed for school
purposes in the district. In order to submit to the qualified electors of the
district a building reserve proposition for the establishment of or addition
to a building reserve, the trustees shall pass a resolution that specifies:
(1) the purpose or purposes for which the new or addition to the build-
ing reserve will be used;
(2) the duration of time over which the new or addition to the build-
ing reserve will be raised in annual, equal installments ;
(3) the total amount of money that will be raised during the duration
of time specified in subsection (2) ; and
(4) any other requirements under section 75-6406 for the calling of
an election.
The total amount of building reserve when added to the outstanding
indebtedness of the district shall not be more than five per cent (5%) of
the value of the taxable property of the district. Such limitation shall bo
determined in the manner provided in section 75-7104. A building reserve
tax authorization shall not be for more than twenty (20) years.
The election shall be conducted in accordance with the school election
laws of this title and the electors qualified to vote in the election shall be
qualified under the provisions of section 75-6410. The ballot for a building
reserve proposition shall be substantially in the following form :
OFFICIAL BALLOT
SCHOOL DISTRICT BUILDING RESERVE ELECTION
INSTRUCTIONS TO VOTERS: Make an X or similar mark in the
vacant square before the words "BUILDING RESERVE— YES" if you
wish to vote for the establishment of a building reserve (addition to the
building reserve) ; if you are opposed to the establishment of a building
reserve (addition to the building reserve) make an X or similar mark in the
square before the words "BUILDING RESERVE— NO."
Shall the trustees be authorized to impose an additional levy each year
for years to establish a building reserve (add to the building re-
serve) of this school district to raise a total amount of dol-
lars ($ ), for the purpose (s) (here state the purpose or
purposes for which the building reserve will be used).
□ BUILDING RESERVE— YES.
□ BUILDING RESERVE— NO.
The building reserve proposition shall be approved if a majority of
those electors voting at the election approve the establishment of or addi-
tion to such building reserve. The annual budgeting and taxation authority
of the trustees for a building reserve shall be computed by dividing the
total authorized amount by the specified number of years. The authority of
the trustees to budget and impose the taxation for the annual amount to
be raised for the building reserve shall lapse when, at a later time, a
bond issue is approved by the qualified electors of the district for the
same purpose or purposes for which the building reserve fund of the dis-
237
75-7308 ELECTION LAWS
trict was established. Whenever a subsequent bond issue is made for the
same purpose or purposes of a building reserve, the money in the building
reserve shall be used for such purpose or purposes before any money real-
ized by the bond issue is used.
History: En. 75-7205 by Sec. 344, Ch. 5,
L. 1971; amd. Sec. 13, Ch. 83, L. 1971;
amd. Sec. 1, Ch. 29, L. 1975.
CHAPTER 73
PUBLIC SCHOOL FUND, EDUCATIONAL CO-OPERATIVE AGREEMENTS
AND GRANTS TO SCHOOLS
75-7308. Joint interstate school agreements. The trustees of any dis-
trict adjacent to another state may enter into a contract with a school dis-
trict in such adjoining state to provide for the joint erection, operation
and maintenance of school facilities for both districts upon such terms
and conditions as may be mutually agreed to by such districts and as are in
accord with this section. Any such contract proposed for adoption by the
trustees shall be in the form and contain only terms that may be pre-
scribed by the superintendent of public instruction, and any such con-
tract shall be approved by the superintendent of public instruction be-
fore it is considered by the electors of the district.
Before any contract negotiated under the provisions of this section
shall be executed, the trustees shall call an election under the provisions
of section 75-6406 and submit to the qualified electors of the district the
proposition that such contract be approved and that the trustees execute
such contract. No agreement shall be valid until it has been approved at an
election. The electors at the election shall be qualified to vote under the
provisions of section 75-6410 and the election shall be conducted under the
school election provisions of this Title. The ballot for the election shall be
substantially in the following form :
PROPOSITION
SCHOOL DISTRICT NO , COUNTY
Shall the trustees of this district be authorized and directed to exe-
cute the proposed contract with school district number of
county, state of , for the purpose of (insert the purpose of sucli
contract) ?
□ FOR EXECUTION OF CONTRACT
□ AGAINST EXECUTION OF CONTRACT
The trustees of any district executing a contract under this section
shall have the power and authority to levy taxes and issue bonds for the
purpose of erecting and maintaining the facilities authorized by this sec-
tion. Furthermore, the facilities erected or maintained under this section
may be located in either Montana or the adjoining state.
History: En. 75-7308 by Sec. 363, Ch. 5,
L. 1971.
238
schools 75-8106
chapter 74— school terms and holidays
75-7406. School holidays. Pupil instruction and pupil-instruction-re-
lated days shall not be conducted on the following holidays :
(1) New Year's day (January 1),
(2) Memorial day (last Monday in May),
(3) Independence day (July 4),
(4) Labor day (first Monday in September),
(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
75-8104. Requirements for organization of community college district.
The registered electors in any area of the state of Montana may request
an election for the organization of a community college district where the
proposed community college district conforms to the following require-
ments :
(1) The proposed area shall coincide with the then existing bounda-
ries of contiguous elementary districts of one or more counties.
(2) The assessed valuation of the proposed area is at least thirty
million dollars ($30,000,000).
(3) There are at least seven hundred (700) pupils regularly enrolled
in public and private high schools located in the proposed area.
History: En. 75-8104 by Sec. 451, Ch. 5,
L. 1971.
75-8105. Petition to propose organization of community college dis-
trict. When the area of a proposed community college district satisfies
the specified requirements, the registered electors of the area may petition
the regents to call an election for the organization of a community college
district. Such petition shall be signed by at least twenty per cent (20%)
of the registered electors within each county or a part of a county in-
cluded in the area of the proposed community college district.
History: En. 75-8105 by Sec. 452, Ch. 5,
L. 1971; amd. Sec. 2, Ch. 406, L. 1971.
75-8106. Call of community college district organization election and
proposition statement. A petition for the organization of a community
college district shall be presented to the regents. The regents shall examine
the petition to determine if the petition satisfies the petitioning and com-
munity college district organizational requirements.
239
75-8107 ELECTION LAWS
If the regents determine that the petition satisfies such requirements, the
regents shall order the elementary districts encompassed by the proposed
community college district to conduct an election on the community col-
lege district organization proposition. Such election shall be held on the
next succeeding regular school election day, except that an election re-
quired by a petition received by the regents less than sixty (60) days
before the regular school election day shall be held at the regular school
election in the following school fiscal year.
At such election, the proposition shall be in substantially the following
form :
PROPOSITION
Shall there be organized within the area comprising the School Districts
of (elementary districts shall be listed by county), State of
Montana, a community college district for the offering of 13th and 14th
year courses, to be known as the Community College District of ,
Montana, under the provisions of the laws authorizing community college
districts in Montana, as prayed in the petition filed with the Board of
Regents at Helena, Montana, on the day of , 19
□ For organization
□ Against organization
History: En. 75-8106 by Sec. 453, Ch. 5,
L. 1971; amd. Sec. 3, Ch. 406, L. 1971.
75-8107. Election of trustees — districts from which elected — and terms
of office. The regents shall provide for the election of trustees of the pro-
posed community college district at the election held for the approval of its
organization. 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 college 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 determined by the last census, then each such district
or part of district, shall elect three (3) trustees and the remaining trus-
tees shall be elected at large from the remainder of the proposed commu-
nity 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) trus-
tees at large from the remainder of the proposed community college dis-
trict. If the trustees are elected at large throughout the entire proposed
community college district, the three receiving the greatest number of votes
shall be elected for a term of three (3) years, the two receiving the next
greatest number of votes, for a term of two (2) years, and the two re-
ceiving the next greatest 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 three who shall serve for three (3) years, the
two who shall serve for two (2) years, and the two who shall serve for one
240
SCHOOLS 75-8111
(1) year. Thereafter, all trustees elected shall serve for terms of three
(3) years each.
History: En. 75-8107 by Sec 454, Ch. 5,
L. 1971; ami Sec 4, Ch. 406, L. 1971;
amd. Sec. 14, Ch. 137, L. 1973; amd. Sec. 1,
Ch. 159, L. 1975.
75-8108. Call for nominations of trustee candidates and notice. A call
for nominations of trustee candidates for the proposed community college
district shall be made by the regents. Notice of the call for nominations
shall be published in at least one newspaper of general circulation in
each county or any portion of a county included in the proposed com-
munity college district, once a week for three consecutive weeks, the last
insertion to be no less than five weeks prior to the date of the election.
Such notice shall describe the geographical composition of the board of
trustees membership, nomination procedure, and the proposal for the
organization of a community college district.
History: En. 75-8108 by Sec. 455, Ch. 5,
L. 1971; amd. Sec. 5, Ch. 406, L. 1971.
75-8109. Nomination of candidates and provision of sample ballot.
Nominations of candidates for the trustee positions must be filed with the
regents at least thirty (30) days prior to the date of the election. Any
five qualified electors may file nominations of as many persons as are to
be elected to the board of trustees of the proposed community college
district from their respective community college trustee election areas. The
regents shall provide the trustees of each district ordered to conduct the
community college district organization election with a sample of the
ballot for the election of the board of trustees. Such sample ballot shall
be reproduced by the trustees in a sufficient number to be used as the
trustee election ballot.
History: En. 75-8109 by Sec. 456, Ch. 5,
L. 1971; amd. Sec. 6, Ch. 406, L. 1971.
75-8110. Notice of organization election. Notice of the community
college district organization election and the accompanying election of a
board of trustees for the proposed community college district shall be given
by the regents by publication in at least one newspaper of general cir-
culation in each county or any portion of a county included in the pro-
posed community college district, once a week for three consecutive weeks,
the last insertion to be no more than one week prior to the date of the
election.
History: En. 75-8110 by Sec. 457, Ch. 5,
Ij. 1971; amd. Sec. 7, Ch. 406, L. 1971.
75-8111. Conduct of election. The election for the organization of
the community college district and the election of trustees for such com-
munity college district shall be conducted, in accordance with the school
election laws, by the trustees of the elementary districts ordered to call
such election. The cost of conducting such election shall be borne by the
districts.
241
75-8112 ELECTION LAWS
History: En. 75-8111 by Sec. 458, Ch. 5, Cross-Reference
L. 1971. Neliool elections generally, sec. 75-6401
et scq.
75-8112. Determination of approval or disapproval of proposition and
subsequent procedures if approved. The proposal to organize the com-
munity college district, to carry, must receive a majority of the total
number of votes cast thereon and the co-ordinator of community college
districts, from the results so certified and attested, shall determine
whether the proposal has received the majority of the votes cast thereon
For each county within the proposed district and shall certify the results
to the regents. Approval for the organization of a new community college
district shall be granted at the discretion of the legislature acting upon
the recommendation of the regents. Should the certificate of the co-
ordinator of community college districts show that the proposition to
organize such community college district has received a majority of the
votes cast thereon in each comity within the proposed district, the
regents may make an order declaring the community college district or-
ganized and cause a copy thereof to be recorded in the office of the count} r
clerk and recorder in each county in which a portion of such new district
is located. If the proposition carries, the regents also shall determine
which candidates have been elected trustees. Should the proposition to
organize the community college district fail to receive a majority of the
votes cast thereon, no tabulation shall be made to determine the candidates
elected trustees.
"Within thirty (30) days of the (Into of the organization order, the
regents shall set a date and call an organization meeting for the board of
trustees of the community college district and shall notify the duly
elected trustees of their membership and of the organization meeting.
Such notification shall designate a temporary chairman and secretary for
the purposes of organization.
History: En. 75-8112 by Sec. 459, Ch. 5,
L. 1971; amd. Sec. 1, Ch. 164, L. 1971;
amd. Sec. 2, Ch. 407, L. 1971.
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.
History: En. 75-8113 by Sec. 460, Ch. 5,
L. 1971; amd. Sec. 33, Ch. 100, L. 1973.
75-8114. Election of trustees after organization of community college
district. After organization, the registered electors of the community col-
lege district shall vote for trustees on the first Saturday in April, and such
elections shall be conducted by the component elementary school districts
within such community college district upon the order of the board of
242
SCHOOLS 75-8116
trustees of the community college district. Such order shall be transmitted
to the appropriate trustees not less than forty (40) days prior to the regular
school election day.
Notice of the community college district trustee election shall be given
by the board of trustees of the community college district by publication
in one (1) or more newspaper of general circulation within each county,
not less than once a week for two (2) consecutive weeks, the last insertion
to be no longer than one (1) week prior to the date of the election. This
notice shall be in addition to the election notice to be given by the trustees
of the component elementary districts under the school election laws.
Should trustees be elected other than at large throughout the entire
district, then only those qualified voters within the area from which the
trustee or trustees are to be elected shall cast their ballots for the trustee
or trustees from that area. All candidates for the office of trustee shall file
their declarations of candidacy with the secretary of the board of trustees
of the community college district not less than thirty (30) days prior to
the date of election. If an electronic voting system or voting machines
are not used in the component elementary school district or districts which
conduct the election, then the board of trustees of the community college
district shall cause ballots to be printed and distributed for the polling
places in such component districts at the expense of the community college
district, but in all other respects said elections shall be conducted in ac-
cordance with the school election laws. All costs incident to election of the
community college trustees shall be borne by the community college dis-
trict including one-half (%) of the compensation of the judges for the
school elections; provided that, if the election of the community college
district trustees is the only election conducted, the community college dis-
trict shall compensate the district for the total cost of the election.
History: En. 75-8114 by Sec. 461, Ch. 5,
L. 1971.
75-8115. Tabulation, declaration and certification of elected trustees.
When the board of trustees of the community college district has received
all the certified results of the election from the component elementary dis-
tricts, the then qualified members of the board of trustees of such com-
munity college district shall tabulate the results so received, shall declare
and certify the candidate or candidates receiving the greatest number of
votes to be elected to the position or positions to be filled, and shall de-
clare and certify the results of the votes cast on any proposition presented
at such election.
History: En. 75-8115 by Sec. 462, Ch. 5,
L. 1971.
75-8116. Vacancy of trustee position. Any vacancy of a trustee's
position shall be filled by appointment by the remaining trustees, and the
person appointed shall hold office until the next regular school election
day, when a trustee shall be elected for the remainder of the unexpired
term.
History: En. 75-8116 by Sec. 463, Ch. 5.
L. 1971.
243
75-8125 ELECTION LAWS
75-8125. Annexation of territory of districts to community college dis-
trict. Whenever ten per cent (10%) of the registered electors of an
elementary district or districts of one county petition the board of
trustees of a community college district for annexation of the territory
encompassed in such elementary school districts, the board of trustees
of the community college district shall order an annexation election in
the area denned by the petition. Such election shall be ordered within
sixty (60) days of the receipt of the petition.
The election shall be conducted in the proposed area for annexation
in accordance with the requirements of the community college organiza-
tion election except that the board of trustees of the community college
shall perform the requirements of the board of education and there shall
not be an election of the board of trustees of the community college.
The proposition on the ballot shall be as follows :
"Shall school districts be annexed to and become a part of
the community college district of Montana?
□ For Annexation
□ Against Annexation"
To carry, the proposals to annex must receive a majority of the total votes
cast thereon. Upon receipt of the certified results of the election from the
elementary districts encompassed in the proposed area to be annexed, the
board of trustees of the community college district shall canvass the vote
and declare the results of the election. If the annexation proposition carries,
a certified copy of the canvassing resolution shall be filed in the office of
the county clerk and recorder of the county encompassing the area to be
annexed and upon such filing, the area to be annexed shall then become a
part of the community college district.
History: En. 75-8125 by Sec. 472, Ch. 5,
L. 1971; amd. Sec. 1, Ch. 162, L. 1971.
75-8131. Additional levy proposition — submission to electors. The
board of trustees of a community college district may elect to adopt a
general fund budget in excess of the budget funded by the legislature.
When the board of trustees proposes such a budget, it shall submit an
additional levy proposition to the electors of the district. The additional
levy proposition shall be submitted to the electorate in accordance with
general school election laws.
History: En. Sec. 5, Ch. 401, L. 1971. Cross-Reference
School elections, sec. 75-6401 et seq.
CHAPTER 82— SCHOOL SITES,. CONSTRUCTION AND LEASING
75-8201. Trustees power over property. The trustees of any district,
other than a high school district operating a county high school, shall
have the power and the responsibility to hold in trust all real and personal
property of the district for the benefit of the schools and children of the
district. In the name of the county, the trustees of a high school district
operating a county high school, as defined by section 75-6501, shall have
the power and the responsibility to hold in trust all real and personal
244
schools 75-8203
property of the district for the benefit of the schools and children of the
district.
History: En. 75-8201 by Sec. 473, Ch. 5,
L. 1971.
75-8202. Land acquired by conditional deed or at will or sufferance.
Whenever, after the effective date of chapter 206, Laws of 1939, the trustees
acquire land by deed conditioned upon the use of the land for the conduct
of school or related activities or whenever land has been used by the trus-
tees at the will or sufferance of the land's owner or claimant and the district
has constructed buildings or made other improvements on the land, the
owner or claimant may repossess the land if it ceases to be used as specified
by deed, or if not specified, for the conduct of school or related activities.
However, the owner or claimant shall first notify the trustees in writing
of his intent to repossess the land, and the trustees shall thereafter have
one (1) year to remove any buildings or improvements placed there by
the district. The trustees failure to remove the buildings or improvements
within that time shall constitute a forfeiture of such buildings or improve-
ments. Before the owner or claimant shall have the right to give notice of
repossession, the district's intention to permanently cease using the land
shall have been established by resolution of the trustees and vote of the
district's electors.
History: En. 75-8202 by Sec. 474, Ch. 5, Compiler's Note
L - 19 71. Chapter 206, Laws of 1939, referred to
at the beginning of this section, was re-
pealed by Sec. 496, Ch. 5, Laws 1971.
75-8203. Selection of school sites, approval election, and lease of state
lands. The trustees of any district shall have the authority to select the
sites for school buildings or for other school purposes but such selection
shall first be approved by the qualified electors of the district before any
contract for the purchase of such site is entered into by the trustees, ex-
cept the trustees shall have the authority to purchase or otherwise acquire
property contiguous to an existing site that is in use for school purposes
without a site approval election. Furthermore, the trustees may take an
option on a site prior to the site approval election.
The election for the approval of a site shall be called under the provi-
sions of section 75-G406 and shall be conducted in the manner prescribed by
this Title for school elections. An elector who may vote at a school site
election shall be qualified to vote under the provisions of section 75-G410.
If a majority of those voting at the election approve the site selection, the
trustees shall have the authority to purchase such sites. A site approval
election shall not be required when the site was specifically identified in
an election at which an additional levy or the issuance of bonds was ap-
proved for the purchase of such site.
Any site for a school building or other building of the district that is
selected or purchased by the trustees shall :
(1) be in a place that is convenient, accessible and suitable ;
(2) comply with the minimum size and other requirements prescribed
by the board of health of the state of Montana ; and
245
75-8204 ELECTION LAWS
(3) comply with the state-wide building regulations, if any, promul-
gated by the state building code council.
The state board of land commissioners shall have the authority to sell,
at the appraised value, or to lease for any period of time less than ninety-
nine (99) years, at an amount of one dollar ($1) per year, to a district
any tract of state land of not more than ten (10) acres to be used as a
school site in such district.
History: En. 75-8203 by Sec. 475, Ch. 5,
L. 1971.
75-8204. Trustees authority to acquire or dispose of sites and build-
ings, and when election required. The trustees of any district shall have
the authority to purchase, build, exchange, or otherwise acquire or sell
or otherwise dispose of sites and buildings of the district. Such action
shall not be taken by the trustees without the approval of the qualified
electors of the district at an election called for such approval unless :
(1) a bond issue has been authorized for the purpose of constructing,
purchasing, or acquiring the site or building ;
(2) an additional levy under the provisions of section 75-6923 has
been approved for the purpose of constructing, purchasing, or acquiring
the site or building ;
(3) the cost of constructing, purchasing, or acquiring the site or build-
ing is financed without exceeding the maximum-general-fund-budget-with-
out-a-vote amount prescribed in section 75-6905, and, in the case of a site
purchase, the site has been approved under the provisions of section 75-
8203 ; or
(4) moneys are otherwise available under the provisions of this Title
and the ballot for the site approval for such building incorporated a de-
scription of the building to be located on the site.
When an election is conducted under the provisions of this section, it
shall be called under the provisions of section 75-6406 and shall be con-
ducted in the manner prescribed by this Title for school elections. An
elector qualified to vote under the provisions of section 75-6410 shall
be permitted to vote in such election. If a majority of those electors
voting at the election approve the proposed action, the trustees may take
the proposed action.
History: En. 75-8204 by Sec. 476, Ch. 5,
L. 1971.
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,
246
schools 75-8304
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, Ch. 91, K 1973.
CHAPTER 83
MISCELLANEOUS PROVISIONS
75-8304. Oath of office. Any person elected or appointed to any pub-
lic office authorized by this Title shall take the oath of office before qualify-
ing for and assuming the office. In case an officer has a written appointment
or commission, his oath shall be endorsed thereon; otherwise it may be
taken orally; and, in either case, it may, without charge or fee, be sworn to
before an officer authorized to administer oaths for such public office.
History: En. 75-8304 by Sec. 488, Ch. 5,
L. 1971.
247
82-501 ELECTION LAWS
TITLE 82— STATE OFFICERS, BOARDS AND DEPARTMENTS
CHAPTER 5— CLERK OF SUPREME COURT
82-501. (370) Election and term of office. There must be a clerk of
the supreme court, who must be elected by the electors at large of the
state, and hold his office for the term of six years from the first Monday of
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.
TITLE 84— TAXATION
CHAPTER 49— INCOME TAX
84-4906.1. Definitions. For the purposes of this act, unless the 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
(S°/c) of the votes for governor;
(c) 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 case 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.
248
WATERS AND IRRIGATION 89-2330.3
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 give them notice as
provided in section 89-2303.
(4) The commissioners of any district in existence prior to the effec-
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.
249
89-3403 ELECTION LAWS
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 82 A, 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) consult with the board of supervisors and all persons who may
participate in the proposed project;
(b) conduct a preliminary survey of the proposed district ;
(c) estimate costs of works, maintenance, and operation ;
(d) determine sources of financing;
(e) reach a tentative decision on the feasibility, desirability and
compatability with the state water plan of the proposed district ;
(f) adjust the boundaries of the proposed district to improve the
feasibility, desirability or consistency with the state water plan ;
(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,
250
WATERS AND IRRIGATION 89-3410
fish and game commission, department of health and env'-jnmental
sciences, and other affected state and federal resource agencit for their
comments.
History: En. Sec. 5, Ch. 100, L. 1969;
amd. Sec. 1, Ch. 302, L. 1971; ami 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
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 affected 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
251
89-3411 ELECTION LAWS
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.
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.
252
CIVIL PROCEDURE 93-301
TITLE 93— CIVIL PROCEDURE
CHAPTER 2— SUPREME COURT
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 For 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
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.
Tenth district: Fergus, Judith Basin, and Petroleum counties.
Eleventh district: Flathead and Lincoln counties.
Twelfth district: Liberty, Hill, and Blaine counties.
253
93-301.1 ELECTION LAWS
Thirteenth district: Yellowstone, Big Horn, Carbon, Stillwater, and
Treasure counties.
Fourteenth district: Meagher, Wheatland, Golden Valley, and Mussel-
shell counties.
Fifteenth district : Roosevelt, Daniels, and Sheridan counties.
Sixteenth district: Custer, Carter, Fallon, Prairie, Powder River, Gar-
field, and Rosebud counties.
Seventeenth district : Phillips and Valley counties.
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
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 commis-
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.
(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
254
CIVIL PROCEDURE 93-705
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 offered 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.
(6) There shall be an annual training session for all elected and
appointed justices of the peace. This training session, which may be held
in conjunction with the Montana magistrates' association convention, shall
be supervised by the supreme court. 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 holds court.
History: En. Sec. 60, C. Civ. Proc. 1895; amd. Sec. 1, Ch. 276, L. 1974; amd. Sec. 9,
re-en. Sec. 6279, Rev. C. 1907; re-en. Sec. Ch. 420, L. 1975. Cal. C. Civ. Proc. Sec.
8833, R. C. M. 1921; amd. Sec. 4, Ch. 491, 85.
L. 1973; amd. Sec. 1, Ch. 23, L. 1974;
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
93-705. Judicial nomination commission — creation — composition.
There is created a judicial nomination commission for the state of
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:
255
93-713 ELECTION LAWS
(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.
CHAPTER 13— JURORS— QUALIFICATIONS AND EXEMPTIONS
93-1301. Who competent to act as juror. A person is competent to
act as a juror if he is a registered elector whose name appears on the most
recent list of all registered electors as prepared by the county registrar.
History: Earlier statutes were Sec. 8, re-en. Sec. 6337, Rev. C. 1907; re-en. Sec.
p. 506, Cod. Stat. 1871; amd. Sec. 1, p. 70, 8890, R. C. M. 1921; amd. Sec. 6, Ch. 203,
L. 1873; re-en. Sec. 780, 5th Div. Rev. L. 1939; amd. Sec. 1, Ch. 116, L. 1965;
Stat. 1879; amd. Sec. 1, p. 57, L. 1881; amd. Sec. 20, Ch. 240, L. 1971; amd. Sec.
re-en. Sec. 1304, 5th Div. Comp. Stat. 32, Ch. 94, L. 1973; amd. Sec. 2, Ch. 298,
1887; re-en. Sec. 230, C. Civ. Proc. 1895; L. 1975. Cal. C. Civ. Proc. Sec. 198.
CHAPTER 14— JURORS— SELECTION AND RETURN
93-1402. (8897) Selection of persons qualified to serve as trial jurors.
At the meeting, specified in the last section, the officers present must
select, from the most recent list of all registered electors as prepared by
the county registrar, and make a list of the names of all persons qualified
to serve as trial jurors, as prescribed in the last chapter. Each name so
appearing on said list shall be assigned a number which shall be placed
opposite the name on the jury list and shall be considered the number
256
CIVIL PROCEDURE 93-2612
of the juror opposite whose name it appears. Said numbers shall be con-
secutive from "1" to the total number of jurors.
History: En. Sec. 241, C. Civ. Proc. R. C. M. 1921; amd. Sec. 1, Ch. 168, L.
1895; re-en. Sec. 6343, Rev. C. 1907; amd. 1957; amd. Sec. 1, Ch. 298, L. 1975.
Sec. 1, Ch. 80, L. 1919; re-en. Sec. 8897,
CHAPTER 26— LIMITATION OF OTHER ACTIONS
93-2612. (9040) Actions relating to bond issues, time for bringing.
No action can be brought for the purpose of restraining the issuance and
sale of bonds or other obligations by the state of Montana or any school
district, county, city, town, or political subdivision of the state, or for
the purpose of restraining the levy and collection of taxes for the payment
of such bonds or other obligations, after the expiration of sixty (60)
days from the date of the election on such bonds or obligations or, if
no election was held thereon, after the expiration of sixty (60) days from
the date of the order, resolution or ordinance authorizing the issuance
thereof, on account of any defect, irregularity, or informality in giving
notice of or not holding the election; nor shall any defense based upon
any such defect, irregularity, or informality be interposed in any action
unless brought within this period. This section applies but is not limited
to any action and defense in which the issue is raised whether a voted
debt or liability has carried by the required majority vote of the electors
qualified and offering to vote thereon.
History: En. Sec. 1, Ch. 114, L. 1919;
re-en. Sec. 9040, R. C. M. 1921; amd. Sec.
15, Ch. 158, L. 1971.
257
READY-REFERENCE INDEX
References are to Sections of Montana Code and 1972 Constitution
Absentee voting
application for ballot, time for, form of application, 23-3703, 23-3704
cancellation of registration for failure to vote, 23-3013
constitutional requirements, 1972 Const., Art. IV, § 3
death of elector before election, ballot does not count, 23-3709
delivery of ballots to election judges, 23-3709
deposit of ballots in box, 23-3713
false affirmation, perjury, 23-3707
mailing ballot to electors, envelopes, instructions, 23-3706
marking and affirmation of ballot by elector, 23-3707
official misconduct a misdemeanor, 23-3717
rejection of ballots, 23-3709, 23-3713
United States service, electors in
classification of federal post-card application, 23-2721
"elector in the United States service" defined, 23-3718
oath required, 23-3720
registration, 23-3006(3)
cancellation for failure to vote, 23-3013
electors whose service or employment terminated, 23-3724
voting before election day, 23-3712
Airports, tax levies for establishment by counties and cities, 1-804, 1-917
Alcoholic beverages, hours for sale of, 4-3-304
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
absentee voting — See Absentee voting, above
constitutional convention question, 23-4802
display of official ballots at polling place, 23-3601
initiated and referred measures, 37-106
judicial offices, forms of ballots on retention of incumbent supreme court justices
and district court judges, 23-4510.1, 23-4510.2
names of candidates and party designation printed on ballots, 23-3509
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
stub, size and contents, 23-3515
Bond issues
contest of election, grounds for challenge, time for filing petition, 23-4201
county bond issues, petition and election, 16-2021, 16-2022, 16-2026
county water and sewer districts, 16-4517
limitation of actions relating to bond issues, 93-2612
municipal bonds, election requirements, 11-2301, 11-2306, 11-2307.1, 11-2310
Revenue Bond Act of 1939, election requirements. 11-2404
school districts — see School districts and trustees, bond issues, below
sewage and water supply systems in cities and towns, 11-2217, 11-2218
special improvement district revolving funds, 11-2271, 11-2275
urban renewal projects and plans, bond elections, 11-3906
Campaign finances and reporting requirements — See also Criminal offenses
candidates for nomination, limitation on expenditures by or for, 23-4727
candidates with nomination for election, limitation on expenditures by or for,
23-4728
commissioner of campaign finances and practices, appointment, qualifications, of-
fices, 23-4785
powers and duties, 23-4786
copies of act furnished officials and candidates, 23-4732, 23-4794
259
READY-REFERENCE INDEX
Campaign finances and reporting requirements — Continued
county attorney, prosecutions and powers of, 23-4788
county clerk and recorder, duties of, 23-4790
definitions, 23-4777
depository, requirements, 23-4781 to 23-4783
examination of statements and issuance of orders of noncompliance, 23-4787
failure to file report or statement
certificates of election withheld, 23-4792
names not printed on ballot, 23-4791
gubernatorial campaign fund, 23-4901 to 23-4906
income tax, political contributions, definitions, allowance of deduction, 84-4906.1.
84-4906.2
inspection of accounts and reports, 23-4783, 23-4789
legislature to ensure purity of elections and guard against abuses, 1972 Const.,
Art. IV, § 3
limitation on contributions, 23-4795
penalties for violations, 23-4793
petty cash funds, 23-4784
purpose of act, 23-4776
reports of contributions and expenditures, requirement for, 23-4778
certification of reports, 23-4780
contents of reports, 23-4779
treasurer, appointment required, duties, 23-4781 to 23-4783
Cemetery district, appointment and terms of trustees, 9-207
Challenging voters, procedure, 23-4746
school elections, 75-6412
Cities and towns
biennial elections of officers, 11-709
bond issues, election requirements, 11-2301, 11-2306, 11-2307.1, 11-2310— See Bond
issues, above
bus lines, operation of, 11-1019, 11-1021
commission form of government
nomination of candidates, primary election, 11-3112
violations in elections, 11-3116
commission-manager form of government
compensation of commissioners and mayor, 11-3248
conduct of election, canvassing votes, 11-3207
nomination of candidates, primary election, 11-3215
political or religious opinions or race, persons in classified service not af-
fected by, 11-3283
qualifications of commissioners, restrictions on interest in contracts, holding
political office, accepting gratuities, 11-3214
violations in elections, 11-3229
contracts for purchases or construction over five years, election, 11-1202
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
study commissions, 16-5101 to 16-5115.17
voter review, 1972 Const., Art. XI, § 9
incorporation, petition and census requirements, 11-203
industrial development, tax levy, uses, restrictions, 11-4111
initiative and referendum, 1972 Const., Art. XI, § 8
intergovernmental co-operation, 1972 Const., Art. XI, § 7
local government study commissions, 16-5101 to 16-5115.17
mayor, qualifications of, 11-710
nominations
declining nominations, procedure, 23-3321
independent candidates, certificates of nomination by individuals or parties
not on prior ballot, 23-3318
vacancies before and after primary, filling, 23-3321
oath and bonds of officers, 11-719
primary election provisions applicable, 23-3302
public works, indebtedness incurred for, election requirements, 11-966
recall of elective officers, 11-721.1
removal of nonelected officer, 11-721
second and third class cities, officers of, 11-702
self-government charters and powers, 1972 Const., Art. XI, §§ 5, 6
sewage system, establishment, bond issues, elections, 11-2217, 11-2218
260
READY-REFERENCE INDEX
Cities and towns — Continued
special improvement district revolving funds, 11-2271, 11-2275
terms of officers, 11-709
town officers, 11-703
urban renewal projects and plans, bond elections, 11-3906
vacancies in offices, 11-719, 11-721
water supply system, establishment, bond issues, elections, 11-2217, 11-2218
Clerks of elections, 23-3201 to 23-3204, 23-3206
Committeemen and committees, organization of committees, county convention, 23-3405
Community college districts
annexation of territory to district, 75-8125
election on organization, 75-8106 to 75-8112
petition for organization of district, 75-8105
requirements for organization, 75-8104
tax levy, additional levy proposition, 75-8131
trustees of district, 75-8107, 75-8113 to 75-8116
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
to 11
canvass of votes, 37-108
committees advocating approval or rejection of proposed amendment, sub-
mission of arguments, procedure, 37-104.2 to 37-104.10
eligibility 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
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 18 to 20 in this Supplement
Contest of elections
advancement of cases, 23-4770
bond required, 23-4766
form of complaint, 23-4771
grounds for contest of nomination or office, 23-4763
hearing of contest, 23-4767
illegal votes received, allegations and evidence, 23-4765
illegal votes rejected, declaration of result of election after, 23-4762
jurisdiction of proceedings, 23-4760
nomination or election not to be vacated, when, 23-4764
petition contesting nomination or election, contents, 23-4766
procedure, 23-4766
time for commencing contest, 23-4759
witnesses, privileges of, 23-4770
Continuity of government in emergency, 1972 Const., Art. Ill, § 2
Contributions to candidates — See Campaign finances and reporting requirements; Crim-
inal offenses
limitation on contribution, 23-4795
Corporations, proceedings against for election law violations, 23-4768 — See Criminal
offenses, corporations
Corrupt practices — See Campaign finances and reporting requirements; Contest of elec-
tions; Criminal offenses
Counties
bond issues, petition and election, 16-2021, 16-2022, 16-2026— See Bond issues, above
boundary change, majority vote required, 1972 Const., Art. XI, § 2
commissioner districts, 16-902.1 to 16-902. ~>
261
READY-REFERENCE INDEX
Counties — Continued
creation by petition, election requirements, 16-501, 16-504 to 16-507
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
study commission, 16-5101 to 16-5115.7
voter review, 1972 Const., Art. XI, § 9
high school bond issues, 75-7134 to 75-7136
industrial development, tax levy, uses, restrictions, 11-4111
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 16-5115.17
officers
enumeration of elected or appointed officers, 16-2406
general qualifications, 16-2401
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, 23-4007
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, 16-4505 to 16-4508, 16-4517, 16-4520
Criminal offenses — See also Campaign finances and reporting requirements
absentee voting, false affirmation perjury, official misconduct, 23-3717
appointments to office, unlawful for candidate to make offer, 23-4716, 23-4717
attendance of electors, furnishing money or entertainment for, 23-4715
badges or insignia prohibited at polls, 23-4751
ballots
changing or altering, violations, 23-4706 to 23-4710
forging official endorsement, 23-4712
removing from polling place, 23-4714
showing to other persons, 23-4714
betting on election prohibited, 23-4721, 23-4748
bribery, enumeration of violations, 23-4723
appointments to office, unlawful for candidate to offer, 23-4716, 23-4717
compensating voter for loss of time prohibited, 23-4751
employers, unlawful acts of, 23-4724
furnishing money or entertainment for electors, 23-4715
intimidating, corrupting, deceiving or defrauding electors, 23-4711
legislative caucus, political convention members, etc., bribery of, 23-4718
challenging voters, procedure, 23-4746
school elections, 75-6412
coercion of voters, 23-4747
compensating voter for loss of time prohibited, 23-4751
convention credential, transfer in return for payment prohibited, 23-4741
copies of act furnished officials and candidates, 23-4732, 23-4794
corporations
contributions from prohibited, 23-4744
proceedings against for election law violations, 23-4768
salary increase contribution prohibited, 23-4744.1
demands or requests which are not to be made of candidates, 23-4743
electioneering prohibited, 23-4713, 23-4714
employers, unlawful acts, 23-4724
false oaths or affidavits, perjury, 23-4773
fish and game commission employees, political activity prohibited, 26-109
forfeiture of nomination or office for violation of act, 23-4758
when not forfeited, 23-4757
forging or altering returns, 23-4708
forging or falsely making official endorsement on ballots, 23-4712
fraudulent attempts to vote without being qualified or vote more than once, 23-4704
fraudulent voting, 23-4703
inducing person to accept or decline nomination, penalty, 23-4756
inducing person to be or not to be candidate prohibited, 23-4742
initiative or referendum petition, false signatures, 37-109
262
READY-REFERENCE INDEX
Criminal offenses — Continued
instructions to voters, destroying, 23-4714
interference with electors, 23-4711
intimidating, corrupting, deceiving or defrauding electors, 23-4711
jurisdiction of proceedings, 23-4760
legislature to ensure purity of elections and guard against abuses, 1972 Const.,
Art. IV, § 3
libel, 23-4754
meetings of electors, preventing or disturbing, 23-4719, 23-4720
money or entertainment furnished electors, violations, 23-4715
multiple voting, 23-4704
newspaper and periodical advertisements, restrictions, 23-4752
nominations, filing false certificates, defacing or destroying certificates, 23-4712
officers, violation of election laws, 23-4701
penalties for violations, 23-4793
personating another elector, 23-4749
procuring illegal voting, 23-4705
promise to procure appointment or election prohibited, exceptions, 23-4738
publications in newspapers and periodicals, limitations, 23-4752
public employees, unlawful acts, 23-4724
publife officers prohibited from acting as delegates or members of political commit-
tee, exceptions, 23-4740
public utilities, contributions from prohibited, 23-4744
registration violations, 23-3006(4), 23-4702, 23-4704
returns, changing or altering, violations, 23-4706 to 23-4710
solicitation of votes on election day, 23-4753
supplies, removing or destroying, 23-4714
treating, 23-4745
undisclosed principal, payments in name of prohibited, 23-4737
undue influence of voters, 23-4747
voting machines, assistance to illiterate, blind or physically disabled voter, pen-
alty for deceiving, 23-3812
District courts, constitutional provisions on number of judges, terms, selection, qualifica-
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
jurisdiction of proceedings pertaining to election violations, 23-4760
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
Districts, general qualifications for officers, 16-2402
Drainage districts, taxpayers' approval of assessments on improvements, 89-2330.1, 89-
2330.3
Fish and game commission employees, political activity prohibited, 26-109
Frauds — See Campaign finances and reporting requirements; Contest of elections; Crim-
inal offenses
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,
§ I*
vacancy in office, 1972 Const., Art. VI, § 6
Holidays, 19-107
school holidays, 75-7406
Hospital districts, 16-4301.1, 16-4307, 16-4309.1, 16-4309.2
Income tax deduction for political contribution, definitions, allowance of deduction, 84-
4906.1, 84-4906.2
Independent candidates, certificates of nomination by individuals or parties not on prior
ballot, 23-3318
secretary of state's determination of number of signatures required in census divi-
sions, "23-3318.1
Industrial development, tax levy, uses, restrictions, 11-4111
263
READY-REFERENCE INDEX
Initiative and referendum
attorney general's summary, 37-104.1
ballot, form of, 37-106
canvass of votes, 37-108
certification and numbering of measures, 37-105
committees advocating approval or rejection of referred measure, submission of
arguments, procedure, 37-104.2 to 37-104.10
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; 37-102
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, 8 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
voting, manner of, 37-106
Instruction cards, printing, distribution, posting and contents, 23-3601
Judges of elections, 23-3201 to 23-3204, 23-3206
Jurors, selection of persons qualified to serve, 93-1402
Justices of the peace, election, qualifications, terms, forfeiture of office, 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. IV, § 3; 43-202
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
sessions, 1972 Const., Art. V, § 6
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 16-5115.17
Mosquito control districts, 16-4203 to 16-4206, 16-4211
Natural resources, reclamation, resource indemnity trust, 1972 Const., Art. IX, § 2
Nominations
declining nomination, procedure, 23-3321
independent candidates, certificates of nomination, 23-3318
secretary of state's determination of number of signatures required in
census divisions, 23-3318.1
vacancies before and after primary, filling, 23-3321
Oath of office, 1972 Const., Art. Ill, § 3
Offenses — See Campaign finances and reporting requirements; Contest of elections; Crim-
inal offenses
Political parties
campaign finances — See Campaign finances and reporting requirements
committee organization, county convention, 23-3405
criminal offenses — See Criminal offenses
gubernatorial campaign fund, 23-4901 to 23-4906
income tax deduction for political contribution, definitions, allowance of, 84-4906.1,
84-4906.2
Pollbook, list of persons voting known as, 23-3610
Polling place for precinct, designation of, 23-3103
Precinct register, preparation by registrar, delivery, 23-3012
city or school district, charges for preparation, 23-3027
264
READY-REFERENCE INDEX
Precinct register — Continued
marking by election judges at polls, procedure, 23-3610
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
cities over 3500 population, 23-3302
declaration of nomination, filing, fees, indigent candidates, 23-3304
declining nomination, procedure, 23-3321
presidential primary, 23-3322 to 23-3328
vacancies before and after primary, filling, 23-3321
write-in candidate, acceptance of nomination, 23-3304
Public hospital districts, 16-4301.1, 16-4307, 16-4309.1, 16-4309.2
Public service commission, creation, districts, 70-101, 70-101.1
Qualifications and privileges of voters
age of voting, 1972 Const., Art. IV, § 2; 23-2701(1)
arrest, privilege from during elections, exceptions, 1972 Const., Art. IV, § 3
citizenship requirements, 1972 Const., Art. IV, § 2; 23-2701(1)
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)
registration required, 1972 Const., Art. IV, § 2; 23-2701(1)
residence requirements, 1972 Const., Art. IV, § 2; 23-2701(1), 23-3022
school elections, 75-6410
self-government, right to, 1972 Const., Art. II, § 2
statutory enumeration of qualifications, 23-2701
suffrage, right of, 1972 Const., Art. II, § 13
United States Const., Amend. 26
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)
absent electors in United States service, 23-3006(3)
cancellation of registration, 23-3013, 23-3014, 23-3030
close of registration, time for, procedure, 23-3016
deputy registrars, 23-3003
highway patrol to submit new-voter lists to political parties, 23-3001
hours of registration, 23-3005
mail registration, 23-3006(2)
method of registering, 23-3006(1)
numbering registration cards, 23-3005
poll booth registration authorized, 1972 Const., Art. IV, §3
precinct register and lists, preparation by registrar, 23-3012
city or school district, charges for preparation, 23-3027
printing and posting list of voters, 23-3023
residence, rules for determining, 23-3022
school district residence included in registration, 23-3004.1
violations, 23-3006(4), 23-4702, 23-4704
Residence requirements, 1972 Const., Art. IV, § 2; 23-2701(1), 23-3022
School districts and trustees
abandonment of district, 75-6512, 75-6513
high school district, attachment to another district, 75-6524
annexation of districts,
elementary districts, 75-6507 to 75-6510
high school districts, 75-6519 to 75-6526
265
READY-REFERENCE INDEX
School districts and trustees — Continued
bond issues
county bond issues for high school purposes, 75-7134 to 75-7136
election required, procedure, 75-7110 to 75-7117
limitation of actions relating to bond issues, 93-2612
refunding bonds, election not required, 75-7109
resolution for issue, 75-7118
building reserve fund, authorization and purpose, 75-7205
child care institution district boundaries changed by land acquisition, 75-6515
community college districts, 75-8104 et seq. — See Community college districts,
above
consolidation of districts
elementary districts, procedure, 75-6506, 75-6509 to 75-6511
high school districts, procedure, 75-6519 to 75-6526
constitutional provision for supervision of schools by trustees elected as provided
by law, 1972 Const., Art. X, § 8
dissolution of joint elementary district, procedure, 75-6514
division of county into high school districts, 75-6520 to 75-6522
election of trustees
annual election, 75-5912
ballots, conduct of election, 75-5915
high school district operating county high school, 75-5903 to 75-5905, 75-5924
nominations for office, 75-5913, 75-5914.1
elections on school matters, 75-6401 et seq. — See School elections, below
eligibility for office of trustee, 75-5913
interstate agreements for joint school facilities, 75-7308
new districts, creation
elementary district, 75-6517, 75-6518
high school district, 75-6521 to 75-6523
number of trustee positions, 75-5902
additional positions in high school districts, 75-5903 to 75-5905
high school district operating county high school, 75-5903 to 75-5905, 75-5924
oath of office, 75-5916
time of taking oath, 75-8304
vacancy, person appointed to fill, 75-5918
property
abandoned or unsuitable property, sale or disposition of, 75-8205
buildings and sites, elections on site selection, purchase, building, exchange,
acquisition or sale of sites and buildings, 75-8203, 75-8204
repossession by original owner after abandonment for school purposes, 75-
8202
trustees' responsibility for property, 75-8201
qualifications for district offices, generally, 16-2402
removal of trustee from office, 75-5919
tax levies, additional levy approved by electors for special purposes, 75-6923
terms of office of trustees, 75-5906 to 75-5910
vacancy, term for filled, 75-5911
transfer of territory between districts,
elementary districts, 75-6516
boundary adjustments, review of boundaries, 75-6516.1, 75-6516.2
high school districts, 75-6519 to 75-6526
transportation, transfer of territory for school bus purposes, election, 75-7015
unified county high school and elementary district, procedure, adjustments in trans-
actions after approval, 75-6538, 75-6539
vacancy in office, circumstances creating, filling, 75-5917, 75-5918
School elections
absentee voting, 75-6416
superintendent to prepare forms and rules, 75-5707
annual election day, 75-6404
ballot required in all elections, 75-6403
format of ballot, establishment by trustees, 75-6408
bond issues, election procedure, 75-7110 to 75-7118
county bonds for high school purposes, 75-7134 to 75-7136
canvass of votes by trustees, 75-6423
certificate of election, issuance, 75-6423
challenge of electors, 75-6412
clerk of election, designation, 75-6419
conduct of election, 75-6421, 75-6422
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READY-REFERENCE INDEX
School elections — Continued
conflicting provisions in general election law, 75-6402
counting of ballots, 75-6422
definition of "school election," 75-6401
electronic voting systems, use in elections, 75-6417
expenses of election, sources of payment, 75-6420
hours of polling, 75-6405, 75-6408
judges of election, appointment and notice, 75-6408
compensation of judges, 75-6420
relatives of candidates eligible, 23-3202
replacement of absent judge, 75-6419
list of registered electors prepared for polling places, 75-6414, 75-6415
resident school district recorded by county registrar, 23-3004.1
signature of list by electors voting, 75-6422
notice of election, posting, publication and contents, 75-6409
opening and closing of polls, 75-6405
pollbook kept by election clerk, 75-6422
polling places for election, 75-6408
precinct register, preparation, charge by county registrar, when not required, 23-
3012, 23-3023, 23-3027
publication of election results, 75-6423
qualifications of electors, 75-6410
registration for elections, closing of, 75-6413
resolution of election, contents, when adopted, transmittal, 75-6406
return of records and supplies to trustees, 75-6422
special elections, when called, 75-6404
supervision of elections by trustees, 75-6418
supplies provided to polling places, 75-6418
time limitation for conduct of election, 75-6407
trustees, election of, 75-5912 et seq.
voting machines, use in elections, 75-6417
School holidays, 75-7406
School superintendents
county superintendent, election, qualifications, term, oath, vacancy, 75-5802, 75-5803
superintendent of public instruction, election, qualifications, term, oath, vacancy,
1972 Const., Art. VI, §§ 1 to 3, 6; 59-203, 75-5702, 75-5703
powers and duties relating to elections, 75-5707
Secretary of state, election and qualifications, vacancy in office, 1972 Const., Art. VI,
§§ 1 to 3, 6; 59-203
independent candidates, determination of number of signatures needed for nomi-
nating petitions in census divisions, 23-3318.1
Sovereign immunity defense provided by law, 1972 Const., Art. II, § 18
State debt, vote required for creation of, 1972 Const., Art. VIII, § 8
State subject to suit, 1972 Const,, Art. II, § 18
Supreme court
ballot on retention of incumbent justice, form, 23-4510.1
clerk, election and term of office, 82-501
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,
84-4906.2
school district, additional levy for special purposes, 75-6923
Township officers, 16-2402, 16-2404, 16-2406
Transportation districts, hearings, election requirements, 11-4503 to 11-4506, 11-4511,
11-4512
Urban renewal projects and plans, bond elections, 11-3906
Urban transportation districts, hearings, election requirements, 11-4503 to 11-4506, 11-
4511, 11-4512
Voting machines, assistance to illiterate, blind or physically disabled voters, 23-3812
267
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