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Full text of "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"

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 

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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