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Full text of "Election laws of the state of Montana, 1977 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"

^ PLEASE :' 



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ELECTION LAWS 

OF THE 

STATE OF MONTANA 

1977 SUPPLEMENT 

TO THE 1970 EDITION 

STATE DOCUMENTS COLLECTIOPf 

JAN 1 5 1979 

MONTANA STATE LIBRARY 

930 E Lynd.3f« Ave. 
Helena, Mo«t»na 59601 

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 Stale Library 



3 0864 1004 2466 5 



ELECTION LAWS 

OF THE 

STATE OF MONTANA 

1977 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 



Copyright © 1971, 1973, 1974, 1975 

Tlie Allen Sinitli Compiiiiy 

III iliana polls, Indiana 

Copyright © 1977 

The Allen Smith Conipany 

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 49 

19. Definitions and General Provisions 85 

23. Elections 87 

26. Fish and Game 179 

37. Initiative and Referendum 179 

43. Legislature and Enactment of Laws 195 

44. Libraries 200 

47A. Local Government Code 201 

59. Offices and Officers 227 

70. Public Utilities 228 

75. Schools 229 

82. State Officers, Boards and Departments 281 

84. Taxation 281 

89. Waters and Irrigation 281 

93. Civil Procedure 288 

Readv-Rcference Index 293 



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 (54) 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, form 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. 

Oonvention 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. Continnitj of govemment. 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 continmty 
of govemment 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 oflBce or governmental opera- 
tion. 

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

Be vises 1889 const! tntion [Art. X, see. 3] in grammar. [See also 1889 eonstitntion 
by removing provision which allowed seat Art, V, sec. 46.] 
of govemment to be moved by a vote of 

Eection 3. Oath of office. Members of the legislature and all execu- 
tive, ministerial and judicial oflScers, shaU 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 eonstitntion [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 te^t 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. Y, 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 eleetion, 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 shaU 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, 
see. 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 

Bevises 1889 constitution [Art. IX, sec. 
! ] 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 feJon loses voting rights only while in- 

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

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

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

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

Convention Notes comply with federal requirements it is 

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

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

constitutional establishment of require- specifically authorizes legislature to pro- 

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

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

and court decisions. When necessary to of election. 

Section 4. Eligibility for public oflBce. 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 
redistricting 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 Convention Notes 

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

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



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

Compiler's Notes 

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 



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." 

Convention Notes 

Revises 1889 constitution [Art. V, sec. 
2] by adding requirement for staggered 
terms for senators. 



Section 4. Qualifications. A candidate for tlie 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, eflfective 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 



oflBice. 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 iug vacancies by election if the present 

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

Section 10. Organization and procednre. (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 aU 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- *o 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 shaU 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 tlien 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 [^^ee 1889 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 ofBce 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]. Removes 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 

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

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

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

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

Section 6. Vacancy in ofiSce. (]) If the ofiBce 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 clons (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 



Art. VII, § 3 CONSTITUTION OF MONTANA 

the governor is unable to discharge the powers and duties of his oflSce, 
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 eral think the governor is unable to per- 

New provision based on 2oth 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 orgamzation. (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. Vin, 

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

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

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

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. VIU, sec. 21] to 

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

VIU, 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 shaU 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 sion allowing the chief justice temporarily 

(1) (2) No change except in grammar to assign judges to districts other than 
[Art. Vni, 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 oflfice. 

(2) Terms of ofSce 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 Vlli, 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. vm, 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 oflBce 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) 11, 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 oflSce, the name of the incumbent shall nevertheless be 
placed on the general election ballot to aUow 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 
8, 12]. 



Contested 



vm, 

election of 



sees. 

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. Qnaliflcatioxis. (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 IMontana 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 shaU solicit or 
receive compensation in any form whatever on account of his office, except 
salary and actual necessary travel expense. 

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

(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. 
Vin, 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. 
vni, 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 

New provision. A judge may not run 
for any other public office, or be out of 



state for more than 60 days. [See 1889 
constitution Art. VIII, sec. 37.] 



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. XI, § 2 

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 gtate 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 

Revises 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, tio° 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 



ARTICLE X 
EDUCATION AND PUBLIC LANDS 

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

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

elected as provided by law. 

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

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

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

requirement in 1889 constitution [Art. 



ARTICLE XI 
LOCAL GOVERNMENT 

Section 2. Counties. The counties of thp 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. 

13 



Art. XI, § 3 CONSTITUTION OF MONTANA 

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. 

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

Convention Notes ernment (self-government charters). The 

New provi^5ion 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 governmeuts have 
ment units to share powers with the state only those powers specifically granted. 

14 



CONSTITUTION OF MONTANA Art. XIV, § 1 

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. 

Sections. 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. 

Proposed Amen'Iment local governments mandating their elec- 

Chapter 70, Laws of 1977, proposes to tion. 

amend this section to read as follows: The proposed amendment is to be sub- 

"(1) The legislature shall, within four mitted to the electors of the state of iMon- 

years of tlie ratification of this constitu- tana at the general election to be held 

tion, i^rovide procedures requiring each November 7, 1978. 

local government unit or combination of Section 2 of Ch. 70, Laws 1977, pro- 
units to review its structure and submit vidcs: "If not already implemented, the 
one alternative form of government to the legislature shall implement this amend- 
qualified electors at the next general or jjip^t with appropriate legislation in 1979, 
special election. in order that the electors of each local 

"(2) The legislature shall require an government may indicate their preference 

election in each local government to de- 'For' or 'Against' the establishment of a 

termine whether a local government will study commission in 1984." 
undertake a review procedure once every 

ten years after the first election. Ap- Convention Notes 

proval by a majority of those voting in the New provision. By 1976 the legislature 

decennial general election on the question must give local residents the opportunity 

of undertaking a local government review to vote on whether or not to change their 

is necessary to mandate the election of a form of government. Laws must be passed 

local government study commission. Study requiring local forms of government to be 

commission members shall be elected dur- studied and evaluated every ten years, 
ing any regularly scheduled election in 

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, 

15 



Art. XIV, § 2 CONSTITUTION OF MONTANA 

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 oflSce 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 aflBrmative, the legislature shall provide for the 
calling thereof at its next session. The number of delegates to the conven- 
tion shall be the same as that of the larger body of the legislature. The 
qualifications of delegates shall be the same as the highest qualifications 
required for election to the legislature. The legislature shall determine 
whether the delegates may be nominated on a partisan or a non-partisan 
basis. They shall be elected at the same places and in the same districts 
as are the members of the legislative body determining the number of 
delegates. 

Convention Notes partisan basis. (1889 constitution not 

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

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

whether constitutional convention dele- on partisan basis.) 

gates be elected on partisan or non- 

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

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

16 



CONSTITUTION OF MONTANA Art. XIV, § 9 

Section 6. Oath, vacancies. Before proceeding, the delegates shall 
take the oath provided in this constitution. Vacancies occurring shall be 
filled in the manner provided for filling vacancies in the legislature if 
not otherwise provided by law. 

Convention Notes 

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

Section 7. Convention duties. The convention shall meet after the 
election of the delegates and prepare such revisions, alterations, or amend- 
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. Ame&dment by initiative. (1) The people may also pro- 
pose constitutional amendments by initiative. Petitions including the full 
text of the proposed amendment shall be signed by at least ten percent 
of the qualified electors of the state. That number shall include at least 
ten percent of the qualified electors in each of two-fifths of the legislative 
districts. 

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

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

17 



Art. XIV, § 10 CONSTITUTION OF MONTANA 

Convention Notes may propose constitutional amendments by 

New provision. Ten percent of voters 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 east 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, the attorney general certified to the sec- 
retary of state that the following provisions of the Transition Schedule have 
been fully executed: 

Seotion 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 
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. 

18 



CONSTITUTION — TRANSITION SCHEDULE 



§6 



Section 2. Delayed effective date. 

The first redistricting and reapportionment plan was filed with the Secretary of 
State on February 27, 1974, and pursuant to Section 43-117, Eevised Codes of Montana 
1947, became law aa 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 ^locs not 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 oflBce 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 ponstitntion changes .indges 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. 

Compiler's Notes 

By letter of March 2-4, 1977, the attor- 
ney general certified to the secretary of 
state that the provisions of section 5 of 
the Transition Schedule were fully exe- 
cuted: "Sulisection (1) of Section 5 has 
been fully executed. Under that subsec- 
tion, the first redistricting and reappor- 
tionment plan was filed with the Secretary 
of State and became effective on Februaiy 
27, 1974. Therefore, the terms of all legis- 
lators elected prior to the effective date 
of the 1972 Constitution on July 1, 197.3, 
ended on December 31, 1974. Subsection 



(2) of Section 5 of the Transition Sched- 
ule has been fully executed." 

Convention Notes 

(1) If the reapportionment and redis- 
tricting plan becomes effective after the 
1974 legislative session, the terms of leg- 
islators serving in that session would end 
December 31, 1974. (2) Section 3, Article 
V provides that senators have four year 
terms but that one-half are elected every 
two years. This section provides that one- 
half of the senators first elected will have 
only two year terms. 



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

Convention Notes rights or duties or the validity of ron- 

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



19 



TITLE 1— AERONAUTICS 

CHAPTER 8— ESTABLISHMENT OP AIRPOBTS 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 REGIONAL 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, Oh. 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. 



Kepeal 

Sections 4-142 to 4-149 (Sees. 37 to 44, 
Ch. 105, L. 1933) relating to local option 



elections, were repealed by Sec. 121, Ch. 
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 
Section 46, Ch. 



387, Laws of 1975, 



amended and renumbered this section as 
sec. 4-3-304. 



4-350 to 4-356. (2815.53 to 2815.59) Repealed. 



Repeal 

Sections 4-350 to 4-356 (Sees. 50 to 56, 
Ch. 106, L. 1933; Sec. 1, Ch. 391, L. 1973), 



relating to local option elections on sale 
of beer, were repealed by Sec. 121, Ch. 
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; 
amd. Sec. 1, Ch. 162, L. 1959; amd. Sec. 



1, Ch. 242, L. 1973; Sec. 4-303, R. C. M. 
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 (See. 12, Ch. 84, L. 1937; 
Sec. 2, Ch. 162, L. 1959; Sec. 1, Ch. 296, 



L. 1973), relating to hours for sale of 
liquor, was repealed by Sec. 121, Ch. 387, 
Laws 1975. 



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, Ch. 221, L. 1943; 
amd. Sec. 7, Ch. 16, L. 1945; amd. Sec. 
1, Ch. 7, L. 1975. 

9-209. Budget and tax levy. The board of cemetery trustees shall 
annually present a budget to the board of county commissioners at the 
regular budget meetings as prescribed by law. The board of county com- 
missioners must annually, at the time of levying county taxes, fix and 
levy upon all property within said cemetery district, sufficient to raise 
the amount certified by the board of cemetery trustees to be raised by a 
tax on the property of said district. The tax so levied shall not exceed 
4 mills on each dollar of taxable valuation on tlie property of said district. 
Expenditures made, liabilities incurred, or warrants issued by or in behalf 
of any cemetery district in excess of the annual budget presented to the 
board of county commissioners as provided herein and the amount appro- 
priated for and authorized to be expended for each item in the budget 
shall not be a liability of the cemetery district. Ir.sofar as the same can 
be made applicable, the county budget system, lG-1901 to 16-1911, shall 
govern the operation of cemetery districts created under this act. 

History: En. Sec. 9, Ch. 221, L. 1943; 
amd. Sec. 9, Ch. 16, L. 1945; amd. Sec. 1, 
Ch. 93, L. 1951; amd. Sec. 1, Ch. 4, L. 
1955; amd. Sec. 1, Ch. 74, L. 1977. 



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, E. 
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, Bev. C. 1907; re-en. Sec. 

4997, B. 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 wiU 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. 6004, E. 

11-716. (5010) Repealed. 

Rei>eal dency requirements for electors, was re- 

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

11-719. (5013) Oath and bonds — vacancy. Each officer of a city or 
town must take the constitutional oath of office, and such as may be re- 
quired to give bonds, file the .same, duly approved, within ten days after 
receiving notice of his election or appointment ; or, if no notice be received, 
then on or before the date fixed for the assumption by him of the duties 
of the office to which he may have been elected or appointed, but if anyone, 
either elected or appointed to office, fails for ten days to qualify as re- 
quired by law, or enter upon his duties at the time fixed by law, then such 
office becomes vacant ; or if any officer absents himself from the city or 
town continuously for ten days without the consent of the council, or openly 
neglects or refuses to discharge his duties, such office may be by the council 
declared vacant; or if any officer removes from the city or town, or any 
alderman from his ward, such office must be by the council declared vacant. 

History: En. Sec. 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) Vacancias — how filled — removal of oflacer. 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. Repealed. 

Repeal cers, was repealed by Sec. 15, Ch. 364, 

Section 11-721.1 (Sec. 1, Ch. 329. L. Laws 1977. 
1971), relating to recall of elective offi- 

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- 

28 



CITIES AND TOWNS 11-988 

struction of sewers, sewage treatment and disposal plants, bridges, docks, 
wharves, breakwaters, piers, jetties, moles, waterworks, reservoirs and 
reservoir sites, lighting plants, supplying the city or town with water by 
contract, the purchase of fire apparatus, street and other equipment, the 
construction or purchase of canals or ditches and water rights for supplying 
the city or town with water, building, purchasing, constructing and main- 
taining devices intended to protect the safety of the public from open 
ditches carrying irrigation or other water, to acquire, open and/or widen 
any street and to improve the same by constructing; reconstructing and 
repairing pavement, gutters, curbs and vehicle parking strips and to pay 
all or any portion of the cost thereof, and the funding of outstanding war- 
rants and maturing bonds; provided, that the total amount of indebtedness 
authorized to be contracted in any form, including the then existing in- 
debtedness, must not, at any time, exceed five per centum (5%) of the 
total value of the taxable property of the city or town, as ascertained by 
the last assessment for state and county taxe&; 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, Avhen necessary, to con- 
struct a sewerage system or procure a water supply for the said city or 
town, which shall own or control said water supply and devote the revenue 
derived therefrom to the payment of the debt. 

(2) The additional indebtedness authorized, including all indebtedness 
theretofore contracted, which is unpaid or outstanding, for the construction 
of a sewerage system, or for the procurement of a water supply, or for both 
such purposes, shall not exceed in the aggregate ten per centum (109f) 
over and above the five per centum (5%) heretofore referred to, of the 
total valuation of the taxable property of the city or town as ascertained 
by the last assessment for state and county taxes ; and, provided further, 
that the above limit of five per centum (5%) shall not be extended, unless 
the question shall 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, L. 1947; amd. Sec. 1, Ch. 152, L. See also history of section 11-901. 

11-988. (5039.85) Power of cities and towns to acquire natural gas 
and distributing system. The city or town council has power to contract 
an indebtedness of a city or town upon the credit thereof by borrowing 
money or issuing bonds for the construction, purchase, or development of 
an adequate supply of natural gas and to construct or purchase a system 
of gas lines for the distribution thereof to the inhabitants of the city or 
town or vicinity. The total amount of indebtedness authorized to be con- 
tracted in any form, including the then-existing indebtedness, must not 
at any time exceed 11% of the total taxable value of the property of the 
city or town subject to taxation as ascertained by the last assessment for 
state and county taxes. No money may be borrowed or bonds issued for 
the purposes specified in this section until the proposition has been sub- 

29 



11-1019 ELECTION LAWS 

initted to the vote of the taxpayers of the city or town affected thereby 

and the majority vote east in its favor. 

History: En. Sec. 1, Ch. 128, L. 1927; 
amd. Sec. 22, Ch. 566, L. 1977. 



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

11-1019. Operation of bus lines — contracting indebtedness. Whenever 
a city or town is not being served by a bus company or operator operating 
on a regular schedule and under the jurisdiction of the public service 
commission or if such service is likely to be discontinued in the immediate 
future, the city or town council of any incorporated city or town may 
contract an indebtedness of any such city or town upon the credit thereof 
by borrowing money or issuing bonds for the purchase, development, opera- 
tion, or leasing of motor buses and bus lines for the transportation of 
passengers within the corporate limits of such cities and towns and to 
operate the same to any point or points beyond these limits not to exceed 
8 miles, measured along the route of the bus line. The total amount of 
indebtedness authorized to be contracted in any form, including the then- 
existing indebtedness, may not at any time exceed 18% of the total taxable 
value of the property of the city or town subject to taxation as ascertained 
by the last assessment for state and county taxes. No money may be 
borrowed or bonds issued for the purposes specified in this section until 
the proposition has been submitted to the vote of the taxpayers of tlie city 
or town and the majority vote cast in its favor. 

History: En. Sec. 1, Ch. 101, L. 1951; 
amd. Sec. 1, Ch. 211, L. 1955; amd. Sec. 1, 
Ch. 120, L. 1957; amd. Sec. 21, Ch. 315, L. 
1974; amd. Sec. 24, Ch. 566, L. 1977. 

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 agencies — 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 (i/^) 
thereof shall be paid each year, and if such amount is extended over a 
term of four (4) years, at least one-fourth (Vi) is to be paid each year, 
and if such amount is extended over a term of five (5) years, at least one- 
fiifth (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, H 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. 

3] 



11-1703 ELECTION LAWS 

CHAPTEE 17— MUNICIPAL COUETS 

11-1703. (5094.3) Election of judges— term of office. (1) One judge 
of each municipal court shall be elected at the general city election. The 
judge's term shall commence on the first Monday in May following the 
election. The judge shall hold office for the term of 4 years and until his 
successor is elected and qualified. 

(2) All elections of municipal judges are governed by the laws ap- 
plicable to the election of city officials, except that the name of a candidate 
for municipal judge shall be placed on the ballot witliout any party 
designation or any statement, measure, or principle which the candidate 
advocates or any slogan after his name. 

History: En. Sec. 3, Ch. 177, L. 1935; 
amd. Sec. 2, Ch. 429, L. 1977. 



CHAPTER 20— FIEE PEOTECTION IN UNINCOEPOEATED TOWNS- 
FIRE WAEDENS, COMPANIES AND DISTRICTS 

11-2010. (5149) Trustees of fire districts— mutnal 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. 1966; 

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. 

32 



CITIES AND TOWNS 11-2218 

CHAPTEE 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 
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 treasHrcr of said municipality, if so directed 
by the governing body. No bonds sliall be sold for less than par, and 
each of said bonds shall state plainly on its face that it is payable only 

33 



11-2271 ELECTION LAWS 

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, tlie 
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 
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 suflScient 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 

34 



CITIES AND TOWNS 



11-2301 



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. 



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. 

CHAPTER 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 



35 



11-2306 ELECTION LAWS 

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 (i/^ of 1%) less than the interest rate of the outstanding bonds 
to be refunded. In order to issue bonds to refund bonds theretofore issued 
and outstanding it shall only be necessary for the council, at a regular or 
duly called special meeting, to pass and adopt a resolution setting forth 
the facts with regard to the indebtedness to be refunded, showing the 
reason for issuing such refunding bonds, and fixing and determining the 
details thereof, giving notice of sale thereof in the same manner that notice 
is required to be given of sale of bonds authorized at an election and then 
following the procedure in this act for the sale and issuance of such bonds. 

History: En. Sec. 1, Ch. 160, L. 1931; 1937; amd. Sec. 1, Ch. 15, L. 1943; amd. 
amd. Sec. 1, Ch. 100, L. 1933; amd. Sec. Sec. 1, Ch. 62, L. 1945; amd. Sec. 1, Ch. 
1, Ch. 12, L. 1937; amd. Sec. 1, Ch. 108, L. 413, L. 1973. 

11-2306. (5278.6) Petition for election— form — proof. No bonds shall 
be issued by a city or town pledging the general credit of the municipality 
for any purpose, except to fund or refund warrants or bonds issued prior 
to and outstanding on July first, 1942, as authorized in section 11-2301, 
unless authorized at a duly called special or general election at which 
the question of issuing such bonds was submitted to the qualified electors 
of the city or town, and approved, as hereinafter provided. Such an elec- 
tion may be called by the city or town council or commission on its pas- 
sage of the necessary resolution as hereinafter provided or after there has 
been presented to the council or commission a petition, asking that such 
election be held and question submitted, signed by not less than twenty 
per centum (20%) of the qualified electors of the city or town. Every 
petition for the calling of an election to vote upon the question of issuing 
bonds shall plainly and clearly state the purpose or purposes for which 
it is proposed to issue such bonds, and shall contain an estimate of the 
amount necessary to be issued for such purpose or purposes. There may be 
a separate petition for each purpose, or two (2) or more purposes may be 
combined in one (1) petition, if each purpose with an estimate of the 
amount of bonds to be issued therefor is separately stated in such petition. 
Such petition may consist of one (1) sheet, or of several sheets identical in 
form and fastened together, after being circulated and signed, so as to 
form a single complete petition before being delivered to the city or town 
clerk, as hereinafter provided. The petition shall give the street and house 
number, if any, and the voting precinct of each person signing the same. 

Only persons who are qualified to sign such petitions shall be qualified 
to circulate the same, and there shall be attached to the completed peti- 
tion the affidavit of some person who circulated, or assisted in circulating, 
such petition, that he believes the signatures thereon are genuine and that 
the signers knew the contents thereof before signing the same. The com- 
pleted petition shall be filed with the city or town clerk who shall, within 
fifteen (15) days thereafter, carefully examine the same and the county 

36 



CITIES AND TOWNS 11-2310 

records showirg the qualifications of the petitioners, and attach thereto 
a certificate, under his ofiicial 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. 

Bepeal 

Section 11-2307 (Sec. 7, Cli. 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. 

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 Avhich 
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 iovm 
is located, a notice signed by the county clerk stating that registration 
for such bond election will close at noon on the fifteentli (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, 

37 



11-2404 ELECTION LAWS 

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. 

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 

38 



CITIES AND TOWNS 11-3112 

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, i. 1971; amd. Sec. 

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

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



CHAPTEE 31— COMMISSION FOKM 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 clerk a statement of such candidacy in substantially the following 
form: 



State of Montana, 



County of 



ss. 



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

street, city of , county of state of Montana; that I 

am a qualified voter therein ; that I am a candidate for nomination to the 
ofiice 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 ofificial primary ballot for nomination 
by such primary election for such oflBce. 

(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 , 10 We further 

state that we know him/her to be a qualified elector of said city and a 

39 



11-3116 ELECTION LAWS 

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 
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 wlio 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, K 1911; 
re-en. Sec. 5379, R. C. M. 1921; amd. 
Sec. 1, Ch, 166, L. 1971. 

11-3127. (5389) Officers not to be interested in contracts, etc. 

Compiler's Notes t^lg^l "firefighters" in this section for 

Section 3, Ch. 489, Laws 1977, substi- "firemen." 

11-3132. (5394) Repealed. 

Repeal ^f elective oflScers, was repealed by Sec. 

Section 11-3132 (Sec. 29, Ch. 57, L. 1911; 15, Ch. 364, Laws 1977. 
Sec. 3, Ch. 2, L. 1915), relating to recall 

40 



CITIES AND TOWNS 11-3215 

CHAPTER 32— COMMISSION-MANAGER FORM OF GOVERNMENT 

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

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

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

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

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

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

11-3214. 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 
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 firefigliters in uniform or wearing 
their official badges, where the same is provided by ordinance, nor to any 
commissioner, nor to the city manager, nor to the city attorney, upon official 
business, nor to any other employee or official of said city on official busi- 
ness who exhibits written authority signed by the city manager. 

History: En. Sec. 15, Ch. 152, L. 1917; 
re-en. Sec. 5413, E. 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- 

41 



11-3220 ELECTION LAWS 

tion to the oflSce 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 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 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 
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. 6414, R. C. M. 1921; amd. Sec. 
1, Cb. 36, L. 1961; amd. Sec. 1, Ch. 2, L. 
1973; amd. Sec. 9, Ch. 535, L. 1975. 

11-3220. (5419) Repealed. 

^^^®^^ \vas repealed by Sec. 15, Cli. 364, Laws 

Section 11-3220 (See. 21, Ch. 152, L. 1977. 
1917), relating to recall of commissioners, 

42 



CITIES AND TOWNS 11-3906 

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, B. C. M. 1921; amd. Sec. 
2, Ch. 166, L. 1971; amd. Sec. 4, Ch. 100, 
L. 1973. 

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 may be appointed, reduced, removed, or in any way 

favored or discriminated against, because of political opinions or affiliations 

or because of race, color, creed, or religion. 

History: En. Sec. 84, Ch. 152, L. 1917; 
re-en. Sec. 5482, R. C. M. 1921; amd. Sec. 
1, Ch. 188, L. 1975; amd. Sec. 1, Ch. 38, 
L. 1977. 

CHAPTER 35— CITY AND COUNTY CONSOLIDATED G0VP:ENMENT (Continued) 

11-3540. (5520.100) Repealed. 

^®P®^^ ers, was repealed by Sec. 15, Ch. 364, Laws 

Section 11-3540 (Sec. 99, Ch.l21, L. 1977. 
19:23), rel.nting to removal of commission- 

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 

43 



11-3906 ELECTION LAWS 

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 
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. 

44 



CITIES AND TOWNS 11-4503 

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 tlie governing body may levy a tax for 
economic development, the governing body of that city, county, or town 
is autl)orized to levy in any one election up to 1 mill upon the taxable value 
of all the property in the county, city, or town subject to taxation for the 
purpose of economic development, for a period not to exceed 5 years. 

(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 activi- 
ties generally associated with economic development. These funds may not 
be used to directly assist an industry's op( rations by loan or grant or to 
pay the salary or salary supplements of government employees. 

(3) The governing body of tlie county, city, or town may use tlie funds 
derived from this levy to contract with local development companies and 
other associations or organizations callable of implementing the economic 
development function. 

History: En. 11-4111 by Sec. 1, Ch. 311, 
L. 1975; amd. Sec. 32, Ch. 566, L. 1977. 

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, tlie 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 j)resent 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. 

45 



11-4504 ELECTION LAWS 

11-4504. Notice and conduct of public hearing. (1) At the time 
fixed for tlu* public Jiearing, tlie 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 tAvo (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. 

11-4505. Resolution — election. (1) The commissioners, upon comple- 
tion of the public hearing, sliall 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 c(mimissioners 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 Avith the general 
election laws. 

(3) At the election, the ballots shall contain the words: 

"□ Transportation District — Yes 
n 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 

46 



CITIES AND TOWNS 11-4512 

havino: <2:eneral eirculation 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 
^'eneral 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 receivino: the hi<i:hest 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 tAvo (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 
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 

47 



11-4512 ELECTION LAWS 

not indebted beyond funds immediately available to extin^ish 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. 

ffistory: En. 11-4512 by Sec. 12, Ch. 355, 
L. 1975. 



48 



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 suflBcieney 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) Desig-nation 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 count)^ 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 

49 



16-405 ELECTION LAWS 

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 Avhieh the person or persons signing the petition resided before the 
creation of the new county, certifying that the names of the person 
signing said petition or petitions appear in the registration books of his 
county containing the names of the electors registered in the last general 
election in the districts now embraced in the new county. 

History: En. Sec. 2, Cli. 135, L. 1911; 
re-en. Sec. 4379, R. C. M. 1921; amd. Sec. 
3, Ch. 406, L. 1973. 

16-405. (4382) Repealed. 

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

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

Sec. 1, Ch. 119, L. 1971), relating to 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, B. C. M. 1921; amd. Sec. 
5, Ch. 406, L. 1973. 

50 



COUNTIES 16-502 

CHAPTER 5— CREATION OF NEW COUNTIES BY PETITION AND ELECTION 

16-501. (4390) Creation of new connties — debts and assets prorated — 
minimqm 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 shaU be liable for a prorata pro- 
portion of the existing debts and liabilities of the county or counties from 
which such territory shall be taken, and shall be entitled to a prorata 
proportion of the assets of the county or counties from which such terri- 
tory is taken, to be determined as provided by sections 16-502, 16-503 and 
16-511. 

History: En. Sec. 1, Ch. 226, L. 1919; 1, CHi- 106, L. 1929; amd. S«c. 6, Ch. 406, 
re-en. Sec. 4390, B. C. M. 1921; amd. Sec. I/. 1973. 

16-502. (4391) Basis of taxation upon creation of new couniy— terms 
used in law defined. For the purposes of tliis act, the assessed valuation 
of all property, wlietlier included within the boundaries of a proposed new 
county or remaining: witliin tlie boundaries of any existinj; eounty or coun- 
ties from wliich territory is taken, shall be fixed and deterjiiined on the 
same basis as is used for the imposition of taxes in the state of Montana. 

History: En. Sec. 1, Ch. 16, Ex. L. 1919; 
re-en. Sec. 4391, R. C. M. 1921; amd. Sec. 
34, Ch. 566, L. 1977. 

51 



16-504 ELECTION LAWS 

16-504. (4393) Petition for creation of new county — attached affidavits 
— notice and hearing. (1) Whenever it is desired to divide any county 
or counties and form a new county out of a portion of the territory of 
such then existing county or counties, a petition shall be presented to the 
board of county commissioners of the county from which the new county 
is to be formed, in ease said proposed new county is to be formed from 
but one county, or to the board of county commissioners of the county from 
which the largest area of territory is proposed to be taken for the forma- 
tion of such new county, in case said new county is to be formed from 
portions of two or more existing counties; and such board of county com- 
missioners shall be empowered and have jurisdiction to do and perform all 
acts provided for to be done or performed in this act, for each of the 
several counties from which any proposed territory is to be taken, and shall 
direct that a certified copy of all orders and proceedings had before such 
board of county commissioners shall be certified by the county clerk to the 
board of county commissioners of each of the several counties from which 
any territory is taken by the proposed new county ; and all officers of any 
such county shall comply with the orders of the board of county commis- 
sioners, in the same manner as if said order had been duly made by the 
board of county commissioners of each respective county from which ter- 
ritory is proposed to be taken. Such petition shall be signed by at least 
fifty per cent (50%) of the qualified electors of the proposed new county, 
whose names appear on the official registration books and who are shown 
thereon to have voted at the last general election preceding the presenta- 
tion of said petition to the board of county commissioners as herein pro- 
vided ; provided, that in cases where the proposed new county is to be 
formed from portions of two or more counties, separate petition shall be 
presented from the territory taken from each county; and each of said 
separate petitions shall be signed by at least fifty per cent (50%) of the 
qualified electors of each of said proposed portions. Such signatures need 
not all be appended to one paper, but may be signed to several petitions 
which must be similar in form, and when so signed the several petitions 
may be fastened together and shall be treated and presented as one petition. 

(2) Such petition or petitions shall contain : 
lto6. • • • [Same.] 

There shall be attached and filed with said petition or petitions an 
affidavit of five qualified electors residing within each county sought to be 
divided, to the effect that they have read said petition and examined the 
signatures affixed thereto, and they believe that the statements therein are 
true, and that it is signed by at least fifty per cent (50%) of the qualified 
electors as herein provided, of the proposed new county, or of the proposed 
portion thereof, taken from each existing county, where the proposed new 
county is to be formed from portions of two or more existing counties; 
that the signatures affixed thereto are genuine ; and that each of such 
persons so signing was a qualified elector of such county therein sought to 
be divided, at the date of such signing. Such petition or petitions so veri- 
fied, and the verification thereof, shall be accepted in all proceedings 
permitted or provided for in this act, as prima facie evidence of the truth 
of the matters and facts therein set forth. Upon the filing of such peti- 
tion or petitions and affidavits with the clerk of the said board of county 
commissioners, said clerk shall forthwith fix a date to hear the proof 

52 



COUNTIES 16-504 

of the said petitions and of any opponents thereto, which date must be not 
later than thirty days after the filing of such petition with the clerk of said 
board. The county clerk shall also, at the same time, designate a newspaper 
of general circulation published in the old counties, but not within the pro- 
posed new county, and also a newspaper of general circulation published 
within the boundaries of the proposed new county, if there be such, in 
which 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 sucft 
petition or petitions, shall, by a resolution entered on its minutes, deter- 
mine : 

1. * * * [Same.] 

2. Whether the said petition contains the genuine signatures of at 
least fifty per cent (50%) of the qualified electors of the proposed new 
county as herein required, or in cases where separate petitions are pre- 
sented from portions of two or more existing counties as herein required, 
whether each petition is signed by at least fiftv ner cent f50%) 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 

53 



16-505 ELECTION LAWS 

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. 

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

said board of county commissioners determine that the formation of said 
proposed new county will not reduce any county from which any terri- 
tory is taken to an assessed valuation of less than twelve millioi; 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 countj- 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- 

54 



COUNTIES 16-506 

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

(2). * ♦ ♦ [Same as parent volume.] 

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

(4) to (7). * * • [Same.] 

All returns of election herein provided for shall be made to the board 
of county commissioners calling such election. 

All nominations of candidates for the office required to be filled at said 
election shall be made in the manner provided by law for the nomination 
of candidates by petition. 

The provisions of the election laws relating to preparation, printing, 
and distribution of sample ballots, except the provisions of said laws re- 
lating to primary elections in this state, shall have application to any elec- 
tion provided for in this act. 

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

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

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

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

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

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

55 



16-507 ELECTION LAWS 

offices upon qualifying in accordance with law and giving bonds for the 
faithful performance of their duties, as required by the laws of the state. 
The clerk of the board of county commissioners with which said petition 
was filed, as herein provided, must immediately make out and deliver to 
each of said persons so declared and designated to be elected, a certificate 
of election authenticated by his signature and the seal of said county. The 
persons elected members of the board of county commissioners and the 
county clerk shall immediately, upon receiving their certificates of elec- 
tion, assume the duties of their respective offices. 

(2) The board of county commissioners shall have authority to provide 
a suitable place for the county officers, and to purchase such supplies as 
may be deemed necessary for the proper conduct of the county government. 
All other officers take office ninety days after the filing of the resolution 
herein provided for with the secretary of state. All the officers elected 
at said election, or appointed under this act, shall hold their offices until 
the time provided by general law for the election and qualification of such 
officers in this state, and until their successors are elected and qualified, and 
for the purpose of determining the term of office of such officers, the years 
said officers are to hold office are to be computed respectively from and 
including the first Monday after the first day of January following the 
last preceding general election. If, however, upon such canvass it appears 
that more than fifty per cent (50%) of the votes cast at said election 
are "For the new county of ," "No," the board of county com- 
missioners canvassing said vote as provided herein shall pass a resolution 
in accordance therewith, and thereupon the proceedings relating to divi- 
sion of such county or counties shall cease ; and no other proceedings in 
relation to any other division of said old county or counties shall be in- 
stituted for at least two years after such determination. 

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

16-507. (4396) OflBcers 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 tlie 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, (jualified, and acting school trustees 
residing within the proposed new county at the time of the division of such 

56 



COUNTIES 16-902.1 

county into school districts, as hereinbefore in section 16-505 provided, 
shall hold office as school trustees in said new county for tlie 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 whicli 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 sucii 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 indebt- 
ed in any manner or for any purpose to an amount, including existing in- 
debtedness, in the aggregate exceeding 18% of the taxable value of the 
property therein subject to taxation, as ascertained by the last assessment 
for .state and county taxes previous to the incurring of such indebtedness. 
All bonds or obligations in excess of such amount given by or on behalf 
of the county are void. No count}' may incur indebtedness or liability for 
any single purpose to an amount exceeding $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 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, B. C. M. 1921; amd. Sec. 1, Ch. 486, 
L. 1973; amd. Sec. 1, Ch. 19, L. 1975; amd. 
Sec. 35, Ch. 566, L. 1977. 

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 
census, divide their respective counties into three (3) commissioner districts 
as compact and equal in population and area as possible. The district judge 

57 



16-902.2 ELECTION LAWS 

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, Oh. 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 ; 

(b) Published at least once a week ; 

(c) Published in the county ; 

58 



COUNTIES 



16-2022 



(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, Cb. 418, L. 1973; amd. Sec. 
61, Ch. 348, L. 1974. 

CHAPTER 20— COUNTY FIN ANCE— BONDS AND WARRANTS 



16-2021. (4630.7) Petition and election required for bonds issued for 
other purposes. (1) County bonds for any other purpose than those 
enumerated in 16-2013 shall not be issued unless authorized at a duly called 
special or general election at Avhich the question of issuing such bonds was 
submitted to the qualified electors of the county and approved, as provided 
in 16-2027. No such bond election may be called unless tlie board of county 
commissioners receives a petition, delivered and certified by tlie county 
clerk, asking that such election be held and such question be submitted. 
The petition must be signed by at least 20% of the qualified electors of the 
county. 

(2) The bond election required by this section may not be held any 
sooner than 60 days after receipt of the petition by the county commission- 
ers and must be held no later than the first general election following the 
60-day period. 

History: En. Sec. 7, Ch. 188, L. 1931; 
amd. Sec. 12, Ch. 158, L. 1971; amd. Sec. 
1, Ch. 347, L. 1977. 

16-2022. (4630.8) Form, contents, and proof of petition. (1) Every 
petition for the calling of an election to vote upon the question of issuing 
county bonds shall plainly and clearly state the purpose or purposes for 
which the proposed bonds are to be issued and sliall 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 or more purposes may 
be combined in one petition if each purpose, with an estimate of the amount 
of bonds necessary to be issued therefor, is sei)arately stated in the petition. 
Such petition may consist of one sheet or of several sheets identical in 
form and fastened together after being circulated and signed so as to form 

59 



16-2026 ELECTION LAWS 

a single complete petition before being delivered to the county clerk. The 
petition shall give the post-office address and voting precinct of eacli person 
signing the same. 

(2) Only persons who are qualified to sign such petitions shall be 
qualified to circulate the same, and there sliall be attached to the completed 
petition the affidavit of some person wlio 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 completed petition 
shall be filed with the county clerk who shall, within 15 days thereafter, 
carefully examine the petition and the county records showing the qualifi- 
cations of the petitioners and attach thereto a certificate under his official 
signature and the seal of his office, which certificate shall set forth : 

(a) the total number of persons who are registered electors; 

(b) wliich and liow many of the persons wliose names are subscribed 
to the petition possess all of the qualifications required of signers of such 
a petition ; 

(c) whether such qualified signers constitute more or less than 20% of 
the registered electors of the county. 

(3) After completing the certificate required by subsection (2), the 
county clerk shall deliver the certified petition to the board of county 
commissioners. 

History: En. Sec. 8, Ch. 188, L. 1931; 
amd. Sec. 13, Ch. 158, L. 1971; amd. Sec. 
2, Ch. 347, L. 1977. 

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; 
amd. Sec. 1, Ch. 138, L. 1939; amd. Sec. 
18, Ch. 64, L. 1959; amd. Sec. 14, Ch. 
158, 1971. 

CHAPTER 24— COUNTY OFFfCERS— QUALIFICATTONS-- 
ORNERAI; PROVISIONS 

16-2401. (4723) General qualifications for county oflBce, 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. 

60 



COUNTIES 16-2406 

History: En. Sec. 4310, Pol. C. 1895; 4723, R.C.M. 1921; amd. Sec. 1, Ch. 423, 
re-en. Sec. 2955, Rev. C. 1907; re-en. Sec. 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 wlio is not of tlie age 

of voting as required by the Montana constitution, a citizen of the state, 

and an elector of the district or township in which the daties 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. 

Kepe*l Ch. 123, Laws 1973. Chapter 491, Laws 

Section 13-2403 (Sec. 4312, Pol. C. 1895; of 1973 purported to amend this section, 

Sec. 1, Ch. 112, L. 1913), enumerating the but such amendment W38 void under aec- 

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; L. 1973; amd. Sec. 2, Ch. 253, L. 1975. Cal. 
re-en. Sec. 2958, Rev. C. 1907; re-en. Sec. Pol. C. Sec. 4104. 
4726, R. C. M. 1921; amd. Sec. 10, Ch. 491, 

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 sliall 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 

61 



16-2407 ELECTION LAWS 

any two or more of the witliin named offices and combine the powers and 
the duties of the said offices consolidated with tlie exception of the office 
of the justice of the peace, which office may not be combined or consolidated 
with any other office other than another justice of the peace office; 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 tlie purpose of electing the aforesaid officers, or 
six (6) months prior to the appointment of aforesaid officers, make and 
enter an order, combining any two (2) or more of the within named offices, 
and shall cause the said order to be published in a newspaper, published 
and circulated generally in said county, for a period of six (6) weeks 
next following the date of entry of said order. 

History: En. Sec. 4315, PoL C. 1895; L. 1939; amd. Sec. 16, Ch. 123, L. 1973; 
re-en. Sec. 2960. Eev. C. 1907; re-en. Sec. "amd. Sec. 1, Ch. 129, L. 1973; amd. Sec. 
4728, E. 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. 

Bepeal 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. 

^P®*^ 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 wliose 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. 

62 



COUNTIES 



16-4205 



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, a)id 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 Cjualified elector or an owner of property within the proposed 
district may file his Avritten objections to the creation of the district. 
Such objections shall be delivered to the county clerk, who shall endorse 
tliereon 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 

63 



16-4206 ELECTION LAWS 

permit the commissioners to consult tlie 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 (517^0 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 tlie 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 Avhose 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 (juestion 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 may cause the issue to be decided by referendum at the 
next regular election. If such additional area is added, such territory 
shall be subject to tlie tax authorized by this act together with the pre- 
existing area of the district. Such tax sliall be uniform for the area added 
and the territory in the district as enlarged. 

64 



COUNTIES 16-4307 

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 di.ssolved 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 sucli 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 eacli 
county. If upon such hearing, the commissioners find such petition to be 
sufficient and tliat tlie district is not indebted in any amount beyond the 
funds iniTnediately 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 

65 



16-4309.1 ELECTION LAWS 

board of three (;}) or five (5) trustees, elected by the registered electors 
residing in the district. The number of trustees on the board and, if tlie 
number is set at five (5), tlie 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 tlie district, subject to tlie creation thereof, 
shall qualify upon the organization of tlie 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 mny 
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 
followinsr 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 

66 



COUNTIES 16-4503 

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. 

"D 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 S«c. 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 

16-4503. Petition — boundaries of district — publication, A petition, 
which may consist of ar.y number of separate instruments, shall be pre- 
sented at a regular meeting of the board of commissioners of the county in 
which the proposed district is located, signed by tlie registered voters 
witliin the boundaries of the proposed district, equal in number to at least 
ten per centum (10%) of the registered voters of tlie territory included in 
such proposed district. "When tlie territory to be included in such proposed 
district lies in more than one county, a petition must be presented to the 
board of county commissioners of each county in wliich said territory lies 
and each of said petitions must be signed by at least ten per centum (10%) 
of the registered voters of the territory witliin said county to be included 
Avithin such proposed district. Such petition sliall set forth and describe 
the proposed boundaries of such district, and sliall pray that the same 
be incorporated under the provisions of this act, and the text of such 
petition shall be published once each week for 2 consecutive weeks in a 
newspaper printed and publislied in every county in which said territory 
lies, together with a notice stating the time of the meeting at which same 
will be presented. The first publication shall be at least two (2) weeks 
before the time at which the petition is to be presented. When contained 

67 



16-4505 ELECTION LAWS 

upon more than one (1) instrument, one (1) copy only of such petition need 

be published. No more than five of the names attached to said petition 

need ai)])eur in such publication of said petition and notice, but tlie number 

of signers shall be slated. 

History: En. Sec. 3, Ch. 242, L. 1957; 
amd. Sec. 2. Ch. 167, L. 1963; amd. Sec. 
1, Ch. 263, L. 1967; amd. Sec. 1, Ch. 296, 
L. 1977. 

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 such petition. Such notice shall 
describe the boundaries so established and shall state the proposed name 
of the proposed incorporation (which name shall contain the words 

" county water and/or sewer district"), and this notice shall be 

published once each week for 2 consecutive weeks in a newspaper printed 
and published in every county in which said district lies. The first publi- 
cation shall be made at least two (2) weeks before the time at which the 
election is to be held. At such election the proposition to be submitted 

shall be : "Shall the proposition to organize county water and/or 

sewer district under (naming the cliapter containing this act) of the acts 

of the session of the Montana legislature and amendments thereto 

be adopted?" And the election tliereupon shall be conducted, tlie vote 
canvassed and the result declared in tlie same manner as provided by law 
in respect to general elections, so far as they may be applicable, except as 
in this act otherwise provided. No person shall be entitled to vote at any 
election under the provisions of this act unless such person possesses all 
the qualifications required of voters under the general election laws of the 
state, and is a resident of the proposed district or the owner 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 propertj'^ need not possess the quali- 
fications required of a voter in subsection (l)(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 

68 



COUNTIES 16-4506 

least forty percent (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 tlie unincor- 
porated territory of eacli county included in such proposed district shall 
be in favor of organizing: su<'h county district, said board of each such 
county shall by an order entered on its minutes declare the territory en- 
closed within the proposed boundaries duly organized as a county water 
and/or sewer district under tlie name tlieretofore designated, and tlie 
county clerk of eacli such county shall immediately cause to be filed witli 
the secretary of state and sliall cause to be recorded in the office of the 
county recorder of tlie 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 incident thereto. In case less than a majority of the votes 
cast are in favor of said proposition the organization fails but without 
prejudice to renewing proceedings at any time in the future. 

History: En. Sec. 5, Ch. 242, L. 1957; 
amd. Sec. 4, Ch. 167, L. 1965; amd. Sec. 1, 
Ch. 263, L. 1967; amd. Sec. 1, Ch. 257, L. 
1974; amd. Sec. 1, Ch. 521, L. 1975; amd. 
Sec. 2, Ch. 296, L. 1977. 

16-4506. Election of directors — term of office. At an election to be held 
within such district under the provisions of this act and the laws governing 
general elections not inconsistent herewith, the district thus organized shall 
proceed within ninety (90) days after its formation to the election of a 
board of directors consisting, if there are no 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 oflSce 
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 oflSce 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 

69 



16-4507 ELECTION LAWS 

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 orfranization, 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 ofl&cers. (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 
any other candidate for the above named office; or, in case there are several 
places to be filled in the above named office, that I have not signed more 
petitions than there are places to be filled in the above named office; th.at 

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 

70 



COUNTIES 



16-4508 



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 tlie time of signing a certificate have his name 
signed to any other certificate for any other candidate for tlie 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 tlian tliere are places to be 
filled in such office. In case an elector lias 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 trvie, before a notary public. 
Each certificate shall further contain tlie 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 wiiose 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 (11) * * * [Same as parent volume.] 

(12) List of candidates. Immediately after such petitions are filed, 
the county clerk shall enter tlie names of the candidates in a list, with the 
offices to be filled, and shall not later than twenty (20) days before the 
election certif}^ such list as beiii<4' tlie list of candidates nominated as 
required by the provisions of this act, ;ind tlie board of coinmissioncrs of 
each county in whicli tlie disti'ict lies sliall cause said certified list of names 
and tlie offices to be filled, to be published in the proclamation calling the 
election at least once each week for 2 consecutive weeks in a newspaper 
of general circulation published in ciicii county in Avhich such district is 
located. Such proclamation shall conform in ;iU respects to the general 
state law governing the conduct of general elections now or hereafter in 
force, applicable thereto, except as otherwise herein provided. 

(13) to (22) * * * [Same as parent volume.] 

History: En. Sec. 7, Ch. 242, L. 1957; L. 1974; amd. Sec. 2, Ch. 310, L, 1975; 
amd. Sec. 6, Ch. 167, L. 1965; amd. Sec. 1, amd. Sec. 2, Ch. 521, L. 1975; amd. Sec. 3, 
Ch. 263, L. 1967; amd. Sec. 3, Ch. 257, Ch. 296, L. 1977. 



16-4508. General law to govern. The provisions of the law relating 
to the qualifications of electors, the manner of voting, the duties of election 
officers, the canvassing of returns, and all other particulars in respect to 
the management of general elections, so far as they may be applicable, shall 
govern all district elections, except as in this act 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 witiiin the district need 
not reside within the district in order to vote, and i)rovided 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 

71 



16-4517 ELECTION LAWS 

canvassing board and duly canvass tlie 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 tlie 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 once each week 
for 2 consecutive weeks in a newspaper published in each county Avherein 
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, Avithin such voting precincts, but no others, shall be entitled 
to vote at such election. All the expenses of liolding such election shall be 
borne by the district. 

History: En. Sec. 20, Ch. 242, L, 1957; 1967; amd. Sec. 5, Ch. 257, L. 1974; amd. 
amd. Sec. 2, Ch. 258, L. 1959; amd. Sec. 8, Sec. 4, Ch. 521, L. 1975; amd. Sec. 4, Ch. 
Ch. 167, L. 1965; amd. Sec. 1, Ch. 263, L. 296, L. 1977. 

CHAPTER 60— ALTEENATIVE TORMS 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 

•PI 1 f A/>4- ^^ district court to the list of oflSices that 

Title of Act jjy^y ^Q consolidated; deleting the non- 

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

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

72 



COUNTIES 16-5006 

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 oflSce 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, It. 1973. 

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

a majority of the votes cast on the question of adopting an optional form 
of county government is in the aflSrmative, it shall go into effect at a date 
designated in the petition or resolution ; provided, that no elected official 
then in office, whose position will no longer be filled by popular election, 
shall be retired prior to the expiration of his term of office, but 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 

73 



16-5007 ELECTION LAWS 

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) 
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 siz^e 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 th>? 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 

74 



COUNTIES 16-5014 

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 oflSce 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- 
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 oflBcial form. (1) Elected county official form 
defined. The elected county oflScial 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, 

75 



16-5015 ELECTION LAWS 

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 law^s 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. 

mstory: 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, 
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 

76 



COUNTIES 16-5115 

(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- 
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, Oh. 123, L. 1973. 

CHAPTER 51— LOCAL GOVERNMENT STUDY COMMISSIONS 

16-5101 to 16-5115. Terminated. 

Termination stiulv commissions, terminated on June 30, 

Sections 16-5101 to 16-5115 (Sees. 1 to 1977', pursuant to Sec. 17, Ch. 222, Laws 

15, Ch. 222, L. 1974; Sees. 1 to 3, Ch. 513, 1974 and Sec. 23, Ch. 513, Laws 1975. 

L. 1975), providing for local government 

77 



16-5115.1 ELECTION LAWS 

16-5115.1, Existing forms of local government. (1) For the purpose 
of determining the statutory basis of existing units of local government 
under tliis act, eacli 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) 

(2) 

(3)(a)(ii) 

(3)(b)(iii) 

(3)(c)(ii) 

(3)(d)(ii) 

(3)(e)(ii) 

(3)(f)(i) 

(3)(g)(ii) 

(3)(h)(i) 

(3)(i)(i) 

(3)(j)(iii) 

(3)(k)(ii) 

(3)(l)(ii) 

(4) (a) 

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. 

(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 folloAving sections of section 
47A-3-204: 

(1) 
(2) 

(3) 

(4) 

(5) 

(6)(a)(in) 

(6)(b)(i) 

(6)(c)(ii) 

(6)(d)(ii) 

(6)(e)(ii) 

(6)(f)(ii) 

(6)(g) 

(7) (a) 

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 

78 



COUNTIES 16-5115.1 

the general statutes authorizing tlie elected county official form of govern- 
ment shall be governed by the following sections of section 47A-3-205: 

(1) 

(2) (a) (Hi) 
(2)(b)(i) 
(2)(c)(i) 
(2)(d)(ii) 
(2)(e)(ii) 
(2)(f)(ii) 
(2)(g) 
(3)(a)(i) 
(3)(b)(i) 
(3)(c)(i) 
(3)(d)(i) 
(3)(e)(i) 
(3)(f)(i) 
(3)(g)(i) 
(3)(h)(i) 
(3)(i)(i) 
(3)(j)(i) 

(3) (k) (i) if tlie county has elected an auditor. 

(3) (k) (vi) if the county has not elected an auditor. 
(4) 

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. 

(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 folloAving 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 (G) 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. sections 3, 5, 6, and 9 of the 1972 Montana 
513, L. 1975. constitution by providing procedures by 

which local government study conunissions 
Title of Act may formulate recommendations and suli- 

An act to further implement article XI, mit recommendations to the voters; pro- 

79 



16-5115.2 ELECTION LAWS 

viding for an immediate effective date; ing sections 16-5102, 16-5105, and 16-5113, 
providing a termination elate; and amend- R. C. M. 1947. 

16-5115.2. Terminated. 

Termination 



form of local government, terminated on 
June 30, 1977, pi 
ijaws 1975, as 
commission to electors of an alternative 477, LaAvs 1977. 



Section 16-5115.2 (Sec. 5, Ch. 513, L. June 30, 1977, pursuant to Sec. 23, C!i. 51.'!, 
1975), relating to submission by a study ijaws 1975, as amended l»y Sec. 12, Ch. 



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. Tlie 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 tlian one municipality. A munici- 
pality may not be included unless the local government study commission of 
that municipality participates in the co-oiierative study and unless its study 
commission, by a majority vote, approves the proposed alternative plan 
for the consolidated government. 

(4) Study commissions proposing consolidation sliall prepare, adopt, 
and submit to the voters a consolidation plan, in addition to the alternative 
form of government. If the commission i)roi)Oses a cliarter, tlie 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. 

80 



COUNTIES 16-5115.11 

(f) Include other provisions whiqh 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 towns 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 
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 to 16-5115.10. Terminated. 

Termination sions, terminated on June 30, 1977, pur- 

Sectious 16-5115.4 to 16-5115.10 (Sees. suant to Sec. 23, Ch. 513, Laws 1975, as 

7 to 13, Ch. 513, L. 1975), relating to amended by Sec. 12, Ch. 477, Laws 1977. 

duties of local government study commis- 

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 

81 



16-5115.12 ELECTION LAWS 

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 study 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 
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 governineut may enact and enforce 
ordinances to bring about an orderly transition to tlic 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 whicli is not provided for herein, the legis- 
lative body may provide for sucli 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 

82 



COUNTIES 16-5115.13 

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 sucli duties, or the discontinuance of such offices or positions. 

History: En. 16-5115.12 by Sec. 15, Ch. 
513, li. 1976. 

16-5115.13. Election of new officials. (1) No primary or general elec- 
tion shall be held in 1976 for tlie election of county officials. The primary 
and general election for electing city, town, and county officials sliall be 
rescheduled as provided in tliis section. 

(2) The board of county commissioners, city or town council or com- 
mission sliall 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. 

(5) If a new alternative form of local government is adopted, all 
elected city, town, and county officers shall hold tlieir 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 althougli 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 sliall represent the district that 
contains his legal residence. If the county apportionment plan includes the 
election of any commissioners at-large, be shall be one of the at-large 
commissioners. 

If the terms of commissioners are to be overlapping, tliey sliall 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, 

83 



16-5115.14 



ELECTION LAWS 



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. is amended to read as follows: 'Section 
513, L. 1975. 

Termination of Act 

Section 12 of Ch. 477, Laws of 1977 road 
"Section 23 of Chapter 513 of Laws, 1975, 



23. Automatic repealer. This act, except 
for sections 4, 6, 14, 15, 16, and 17 [16- 
5115.1, 16-5115.3, 16-5115.11 to 16-5115.14], 
terminates on June 30, 1977.'" 



16-5115.15 to 16-5115.17. Terminated. 
Termination 

Sections 16-5115.15 to 16-5115.17 (Sees. 
18 to 20, Ch. 513, L. 1975), relating to 
judicial enforcement and review, effect of 
other laws, and construction of the act 

16-5116 to 16-5121. Terminated. 

Termination 

Sections 16-5116 to 16-5121 (Sees. 1 to 
6, Ch. 221, L. 1974; Sec. 3, Ch. 453, L. 
1977), established a temporary commis- 



pertaining to local government study com- 
missions, terminated on June 30, 1977, 
pursuant to Sec. 23, Ch. 513, Laws 1975, 
as amended by Sec. 12, Ch. 477, Laws 1977. 



sion on local government, terminated on 
June 30, 1977, pursuant to Sec. 8, Ch. 221, 
Laws 1974. 



84 



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 Sattirdays by virtue of the laws of the 
state, legal holidaj^s 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 da}^ 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. 



85 



TITLE 23— ELECTIONS 
CHAPTER 26 

DEFINITIONS AND GENERAL PROVISIONS 



Section 

23-2601. Definitions. 

23-2602. Elections by secret ballot. 

23-2605. Time of opening and closing of polls. 

23-2601. Definitions. As used in Title 23 and Title 37, unless the con- 
text clearly indicates otherwise, the following definitions apply: 

(1) "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. 

(2) "General election" means an election held for the election of public 
officers througliout the state at times specified by law. 

(3) "Special election" means an election called by the proper author- 
ities to fill vacancies or to raise money. 

(4) "Vacancy" means an office which does not have an incumbent 
who has a right to exercise its functions and take its fees or emoluments. 

(5) "Primary" or "primary election" means a statutory procedure 
for nominating candidates to public office at the polls. 

(6) "Party" means any political organization which at the last pre- 
ceding election for governor polled at least 3% of the votes for governor. 

(7) "Taxpayer" means a person who has paid a tax on property as- 
sessed on a county or city assessment roll next preceding the election at 
which a question is to be submitted to the vote of the taxpayers. 

(8) "Registrar" means the county clerk and recorder and any regularly 
appointed deputy clerk and recorder. 

(9) "Commissioners" means the board of county commissioners. 

(10) "City" means any incorporated city or town. 

(11) "Council" means any municipal council or commission. 

1969; 23-604, 23-604.1, 23-604.2, 23-605 through 



History: En. Sec. 1, Ch. 368, L 
amd. Sec. 1, Ch. 365, L. 1977. 



Compiler's Note 

Chapter 368, Laws 1969 provided: 'T:t 
is the intent of the legislative assembly 
that all nonamendatory sections of this 
bill be codified in Title 23, Revised Codes 
of Montana, 1947." 

Title of Act 

An act for the codification and general 
revision of the laws relating to the elec- 
tion laws of thQ state of Montana; repeal- 
ing sections 23-101 through 23-106, 23-201 
through 23-202, 23-301 through 23-311, 23- 
401 through 23-407, 23-501, 23-501.1, 23- 
502 through 23-534, 23-601 through 



23-612, 23-701 through 23-713, 23-801 
through 23-820, 23-901 through 23-929, 
23-931, 23-933 through 23-936, 23-1001, 23- 
1008 through 23-1009, 23-1101 through 23- 
1107, 23-1109 through 23-1117, 23-1201 
through 23-1228, 23-1301, 23-1302(1), 23- 
1302(2), 23-1303, 23-1303.1, 23-1304 through 
23-1321, 23-1401 through 23-1406, 23-1501 
through 23-1503, 23-1601 through 23-1608, 
23-1608A, 23-1609 through 23-1618, 23- 
1701 tlirough 23-1715, 23-1801 through 23- 
1808, 23-1812 through 23-1819, 23-1901 
through 23-1904, 23-2001 through 23-2012, 
23-2014, 23-2101 through 23-2111, 23- 
2201 through 2206, 23-2301 through 23- 
2323, 23-2401 through 23-2411, 23-2501 
through 23-2507, R. C. M. 1947. 



87 



23-2602 ELECTIONS 

Amendments in a school district"; inserted "public" in 

The 1977 amendment substituted "Title subdivision (2) and made minor changes 

23 and Title 37" in the introductory clause "^ phraseology and style. 

for "this act"; substituted subdivision (1) 

for a subdivision reading "'Election' Cross-Eeferences 

means a general, special, primary nomi- Election offenses and corrupt practices, 

nating, municipal election, or an election sec. 23-4701 et seq. 

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

History: En. Bee. 2, Ch. 368, L. 1969; Amendments 

amd. Sec. 1, Ch. 8, L. 1973. The 1973 amendment inserted "secret" 

before "ballot" at the end of the section. 

23-2605. Time of opening and closing of polls. (1) Except as pro- 
vided in subsection (2) : 

(a) in precincts having 100 or more registered electors, the polls must 
he opened at 8 a.m. on the morning of election day and must be kept open 
continuously until 8 p.m. of that day; 

(b) in precincts having less than 100 registered electors, tlic polls must 
be opened at 1 p.m. and closed at 8 p.m. of tliat da}'; 

(c) whenever all registered electors in any precinct have voted, the 
polls shall be closed immediately. 

(2) If a special election is lield hy a county, city, high school district, 
or school district on the question of incurring an indebtedness or making 
a special or additional levy for any purpose, the polls shall open at 12 
noon and be kept open continuously until 8 p.m. However, the poll hours 
shall be as specified in subsection (1) if the election is held on the same 
day, at the same polling places, and with tlie same judges and clerks as a 
general, connty, school, or city election. 

History: En. Sec. 5, Ch. 368, L. 19G9; Cross-References 

amd. Sec. 4, Ch. 365, L. 1977. Airport bonds, f^eo. 1-804. 

Cities and towns, bond elections, sees. 

Amendments U.oBOl to 11-2330. 

Ti'e 1977 amendment inserted "in pre- County bonds and warrants, sees. 16- 

cinots having ]flO or more registered clec- 2001 to 16-20.50. 

tors" at the beginning of subdivision (1) School bond elections, sees. 75-7110 to 

(a); and made minor changes in phrase- 75-7117. 

ology, punctuation and style. School elections, sees. 75-6401 to 75-6423. 

23-2606. Repealed. 

Repeal 1,t^vs^ -^vas repealed by Sec. 49, Ch. 334, 

Section 23-2G06 (Sec. 247, Ch. 3G8, L. Laws 1977. 
10(59), relating lo violations of election 

CHAPTER 27 
QUALIFICATIONS AND PEIVILEGES OF ELECTORS 

Section 

23-2701. Qualifications of voter. 

23-2704. Notice and closing of registration for elections on incurring of state indebt- 
edness. 

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

88 



•QUALIFICATIONS AND PRIVILEGES OF ELECTORS 23-2701.1 



(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; 
amd. Sec. 1, Ch. 120, L. 1971; amd. Sec. 
2, Ch. 158, L. 1971; amd. Sec. 1, Ch. 40, L. 
1973. 

Amendments 

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

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

The 1973 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, R. 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 former constitution, was repealed by Sec. 

Section 23-2701.1 (Sec. 1, Ch. 158, L. 58, Ch. 100, Laws 1973, and Sec. 9, Ch. 

1971), relating to legislative policy and ^^4, Laws 1973. 
purpose of election laws according to 



89 



23-2702 ELECTIONS 

23-2702, 23-2703. Repealed. 

Repeal Compiler's Notes 

Sections 23-2702 and 23-2703 (Sees. 7, 8, Sections 3 and 4, Ch. 158, Laws of 

Ch. 368, L. 1969), relating to qualifications 1971, purported to amend these sections, 

of electors at elections on incurring state However, the purported amendments are 

indebtedness, were repealed by Sec. 2, Ch. void under the provisions of section 43- 

120, Laws 1971. 515. 

23-2704. Notice and closmg- of reg-istration for elections on incurring 
of state indebtedness. (1) If tlie (lucstion df slate iDdeldpaness, issuance 
of bonds or debentures other than for refunding,', or the levy of a tax for 
state purposes is submitted at an election otlier than a general biennial elec- 
tion, the registrar of each county shall publish in a newspaper of general 
circulation in the county a notice signed by him, stating that registration 
will close at noon on the 40th day prior to the date of the election unless 
the act providing for the submission of the question fixes a different time 
for the giving of notice. The notice shall be published 10 days or more 
prior to the date wdien registration will be closed unless the act providing 
for submission of the question fixes a different time for closing registration. 

(2) If the question is to be submitted at a general biennial election, 
notice and the closing of registration shall be governed by the laws applying 
to general biennial elections. The provisions of 37-134 apply to the printing 
and distribution of copies of the proposed law. 

History: En. Sec. 9, Ch. 368, L. 1969; Chapter 365, Laws of 1977, substituted 

amd. Sec. 25, Ch. 342, L. 1977; amd. Sec. "a newspaper of general circulation in the 

5, Ch. 365, L. 1977. county" in the middle of the first sentence 

of subsection (1) for "the official county 

Compiler's Notes newspaper"; and made minor changes in 

This section was amended twice in 1977, phraseology, punctuation and style, 

once by Ch. 342 and once by Ch. 365. . ,ir • ^ 

Since the amendments do not appear to Objection Waived 

conflict, the code commissioner has made a The objection that a measure creates 

composite section embodying the changes a state debt, levy, or liability, and that 

made by both amendments. therefore it should have_ been placed upon 

a separate ballot, is waived if not raised 

Amendments before the election. State ex rel. Graham v. 

Chapter 342, Laws of 1977, substituted Board of Examiners, 125 M 419, 239 P 2d 

"37-134" in the last sentence of subsection 283, 290. 
(2) for "Section 37-107, E. C. M. 1947." 

CHAPTER 28 

PUBLICATION OF QUESTIONS SUBMITTED TO POPULAE VOTE 

Section 

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

23-2802. Publication and printing of amendments to constitution. If a 
proposed constitutional amendment or amendments are subuiitted to the 
people, the secretary of state shall have the proposed amendment or amend- 
ments published in full twice each month for 2 months previous to the 
election at which they are to be voted upon by the people in not less than 
one newspaper of general circulation in each county. 

History: En. Sec. 12, Ch. 368, L. 1969; Compiler's Notes 
amd. Sec. 1, Ch. 38, L. 1973; amd. Sec. 26, 

Ch. 342, L. 1977; amd. Sec. 6, Ch. 365, L. In a letter to the secretary of state 

1977. dated March 23, 1970, the attorney gen- 

90 



PROCLAMATIONS AND PUBLICATIONS 



23-2901 



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

Tills section was amended twice in 1977, 
once by Ch. 342 and once by Ch, 3t)5. 
Since the amendments do not appear to 
conlliet, the code commissioner has made a 
composite section embodying tlie changes 
made by both amendments. 

Amendments 

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



end of subdivision (1); and made minor 
changes in phraseology. 

Chapter 342, Laws of 1977, deleted a 
sul).section (2) which read: "Have a pam- 
I'hlct printed containing an exact copy of 
the proposed amendment or amendments, 
an exact copy of existing constitutional 
provisions to be revised, and the amend- 
ment or amendments in the form in which 
it or they will be printed on tlie official 
ballot. The printed pamphlets shall be 
distributed as provided in section 37-107, 
R. C. M. 1947"; and made minor changes 
in phraseology, punctuation and style. 

Chapter 3tJ5, Laws of 1977, made the 
same changes that were made by chapter 
342. 

Cross-Beference 

Explanation of initiative, referendum 
and constitutional measures to be prepared 
by attorney general, sec. 37-104.1. 



CHAPTER 29 



PEOCLAMATIONS AND PUBLICATIONS 

Section 

23-2901. Election proclamation by the governor. 

23-2901. Election proclamation by the governor. Sixty days or more 
before a general election, the governor shall issue an election proclamation 
and transmit a copy to each board of county commissioners. The proclama- 
tion shall contain : 

(1) a statement of the time of the election and the offices to be filled; 

(2) an offer of rewards stating: "There is a reward of $100 for the 
arrest and conviction of any person violating any of the provisions of Title 
23 or Title 37. Rewards will be paid until the total amount expended reaches 
the sum of $5,000. 



History: En. Sec. 13, Ch. 368, L. 1969; 
amd. Sec. 7, Ch. 365, I.. 1977. 



Amendments 

The 1977 amendment substituted "Title 
23 or Title 37" in subdivision (2) for "sec- 
tions 23-4701 through 23-4724, J^ C. M. 
l!i47"; and made minor changes in style. 



CHAPTER 30 
REGISTEATION OF ELECTORS 

Section 

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

23-3002. County clerk as county registrar. 

23-3003. Deputy registrars. 

23-3004.1. TJesident school district included in registration. 

23-3005. Hours of registration — registr.ition cards. 

23 3000. ]\Ictli0(l of registering — absent olectors in the United ^States service. 

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

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

23-3014. Cancellation of registration for other reasons. 

23-3015. Challenges prior to election. 

23-3016. Close of registration^ — [irocedure. 



91 



23-3001 ELECTIONS 

Section. 

23-3018. Xanie on precinct repister ju-imn facie evidence of right to vote. 

23-3022. Residence, rules for determining. 

23-3023. Printing and ])csting of list of electors shown on precinct registers. 

23-3026. Commissioners to provide registrar with sufBcient help. 

23-3027. Charges to city or school district — warrant — when no precinct registers 
required. 

23-3001. Highway patrol to submit new-voter lists to major political 
parties. No later than January 31 in any year in which a general election 
is held, the Montana highway patrol shall submit to the chairman of each 
major political party of the state, four (4) copies of a list prepared from 
its driver license registration files, showing names and addresses of all 
persons, compiled on a county by county basis, who have reached voting 
age since the last general election and those who will reach voting age 
before the date of the general election. No official of the Montana highway 
patrol shall be responsible for any honest error or omission in preparing the 
lists. 

History: En. Sec. 17, Ch. 368, L. 1969; 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, cii. 132, Ii. 1973. in phraseology. 

The 1973 amendment inserted "four (4) 

Amendments copies of" before "a. list" in the first 

The 1971 amendment inserted "com- sentence. 

23-3002. County clerk as county registrar. (1) Each county clerk 
and recorder is ex officio county registrar. He sliall serve without extra 
pay or compensation. 

(2) The official register of electors is an official record of the county 
clerk and recorder. 

(3) Unless otherwise provided, the county clerk and recorder shall 
have custody of registration books, cards, and other records required by the 
election laws of this state. 

History: En. Sec. 21, Ch. 368, L. 1969; sion (l)(a) designation; redesignated for- 
amd. Sec. 8, Ch. 365, L. 1977. mer subdivision (l)(b) as subsection (3); 

inserted "Unless otherwise provided" at 
Amendments t],g beginning of subsection (3); and made 

The 1977 amendment deleted a subdivi- minor changes in phraseology. 

23-3003. Deputy registrars. (1) All notaries public are deputy reg- 
istrars in the county in which they reside. 

(2) The commissioners shall appoint a minimum of two deputy regis- 
trars who are not notaries public, a minimum of one from each of the two 
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 registrars for each 
county shall always be equally divided between the two major political 
parties. An appointed deputy registrar shall be a qualified resident elector 
in the precinct for which he is appointed. 

(3) No deputy registrar may register a voter until that deputy reg- 
istrar has been issued a certificate of approval by the county registrar 
certifying that the deputy registrar has received instructions on registration 
procedure from the county registrar. 

92 



REGISTRATION OF ELECTORS 



23-3005 



(4) A deputy registrar who has been issued the certificate required by 
subsection (3) may register electors residing in any precinct of the county 
for which he is a deputy registrar. 

(5) Within 3 days after a registration card is filled out, deputy reg- 
istrars shall forward the card to the registrar. Registration cards properly 
executed prior to the registration deadline shall be accepted by the registrar 
for 3 days after the deadline. 

residing in any precinct within the county. 
No notary public may register any voter 
until he has been issued a certificate of 
approval of the county registrar certify- 
ing that he has received instructions on 
registration procedure from the county 
registrar"; substituted "An appointed dep- 
uty registrar" at the beginning of the last 
sentence of subsection (2) for "A deputy 



History: En. Sec. 22, Ch. 368, L. 1969; 
amd. Sec. 1, Ch. 340, L. 1973; amd. Sec. 1, 
Ch. 205, L. 1975; amd. Sec. 9, Ch. 365, L. 
1977. 

Amendments 

The 1973 amendment inserted "a mini- 
mum of" twice in the first sentence of 
subsection (2); inserted the third sentence 
in subsection (2); inserted subdivision 
(2) (c); added the second sentence to 
subsection (3); and made a minor change 
in phraseology. 

The 1975 amendment added the third 
sentence to subsection (1); and deleted 
"taxpaying" before "resident elector" in 
subdivision (a) of subsection (2). 

The 1977 amendment deleted the second 
and third sentences of sul)section (1) 
which read: "They may register electors 



registrar"; deleted a subdivision (2) (a) 
designation; deleted subdivision (2)(b) 
which read: "Register electors residing in 
any precinct in the county"; redesignated 
suljdivisiou (2)(c) as subsection (3); de- 
leted "duly appointed" before "deputy 
registrar" at the beginning of subsection 
(3); inserted subsection (4); redesignated 
former subsection (3) as subsection (5); 
and made minor changes in phraseology 
and style. 



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- 
ing electors; and amending sections 23- 
Title of Act ^ 3023 and 23-3027, R.C.M. 1947, providing 

An act to require recording of the for precinct registers. 

23-3005. Hours of registration — registration cards. (1) The regis- 
trar's oflSce 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. 



93 



23-3006 



ELECTIONS 



23-3006. Method of registering — absent electors in the United States 
service. (1) An elector may register by appearing before the registrar 
or deputy registrar in the county in which he resides and : 

(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 
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. 

(3) 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 oilier locations witliin the county. The mail registry card 
shall be in the form prescribed by the secretary of state. 

(4) The elector shall complete, sign, and either verify or affirm the 
registry card before a notary public or other officer empowered to administer 
oaths or complete and sign the card and obtain the signature, address, and 
voting precinct of at least one registered voter in tlie county, who shall 
witness the facts stated on the registry card. 

(5) Tlic registration card must be received on or before tlie day of the 
close of registration. 

(6) Upon receipt of a properly executed registry card the county reg- 
istrar shall cause to be sent to the new voter a postcard 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 Post- 
age Guaranteed". 

(7) 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 resristrar. 



History: En. Sec. 25, Ch. 368, L. 1969; 
amd. Sec. 1, Ch. 396, L. 1975; amd. Sec. 
40, Ch. 334, L. 1977. 

Amendments 

The 1975 amendment inserted present 
subsection (2); redesignated former sub- 
sections (2) and (3) as subsections (3) 
and (4); deleted "less tlian 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. 

The 1977 amendment deleted "the l)ack 



of" before '"the card" in subdivision (1) 
(I)); redesignated former subdivisions (2) 
(;>) through (2)(d) as subsections (3) 
through (6); deleted "but in no event less 
tli;in ten (10) days before the election" 
from the end of subsection (5); redesig- 
nated former subsection (3) as subsection 
(7); deleted a former subsection (4) which 
read: "A person is guilty of a felony and 
upon conviction shall be imprisoned in the 
state prison for not more than three years, 
if: (a) He falsely personates another and 
causes the person so personated to be 
ii'gistered; or, (b) Falsely represents his 
name or other information required upon 
liis 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 man- 
ner provided by this act; or, (d) Signs a 



94 



REGISTRATION OF ELECTORS 



23-3014 



I'egistiy card knowingly witnessing an\' 
false or misleading statement"; and made 
minor changes in phraseology, punctuation 
and style. 



Repealing Clause 

Section 2 of Ch. 396, Laws 1975 read 
"Sections 23-3722 and 23-3723, K. 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. 

(1) Except as provided in subsection (3) of this section, within sixty (60) 
days after everj'- 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) Remove the registry cards of all electors who have failed to vote, 
mark each card "canceled," and place canceled cards for the entire county 
in alphabetical order in the "canceled file". 

(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. 

(4) When the registrar has completed cancellation of voters as pro- 
vided in this section, a notice of cancellation shall be published once a 
week for two weeks in a newspaper of general circulation in the county. 
The notice shall be run R.O.P. in a display advertisement and shall be in a 
form prescribed by the secretary of state. 

History: En. Sec. 32, Ch. 368, L. 1969; substituted "within sixty (60) days" for 

"immediately" in subsection (1) ; inserted 
"in which a president is elected" in sub- 
section (1); deleted former subsection (3) 
and renumbered former subsection (4) as 
(3). 

The 1977 amendment deleted subdivision 
(l)(c) which read "Notify each elector in 
writing liefore the thirty-first day after 
cancellation by sending notice to his post- 
oHice address as shown on the election 
records"; and added subsection (4). 



amd. Sec. 1, Ch. 254, L. 1971; amd. Sec. 1, 
Ch. 215, L. 1973; amd. Sec. 1, Ch. 369, L. 
1977. 

Amendments 

The 1971 amendment inserted "and 
(4)" in subsection (1); added subsection 
(4) (now (3)); and made minor changes 
in phraseology and punctuation. 

The 1973 amendment deleted a reference 
to subsection (4) from subsection (1); 



23-3014. Cancellation of registration for other reasons. (1) The reg- 
istrar shall cancel any registration card : 

(a) at the written request of the person registered ; 

(b) if a certificate of the death of any elector is filed or if an elector 
is reported as deceased by the department of health and environmental 



95 



23-3015 ELECTIONS 

sciences in the department's reports submitted to the county under 91-4458 ; 

(c) whenever 45 days or more prior to the closing of registration, three 
qualified registered electors residing within the precinct 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) whenever the insanity of the elector is legally established; 

(e) whenever the incarceration of an elector in a penal institution for 
a felony conviction is legally established; or 

(f) whenever a certified copy of a court order directing the cancella- 
tion is filed with the registrar. 

(2) AVithin 30 days after registration has been canceled, the registrar 
shall send written notice to the elector at the address shown on the regis- 
tration card. If a person proves to the registrar that he is qualified, he may 
reregister. 

History: En. Sec. 33, Ch. 368, L. 1969; a list of those electors whose registrations 

amd. Sec. 1, Ch. 299, L. 1971; amd. Sec. have been cancelled due to a felony con- 

10, Ch. 365, L. 1977. viction to the secretary of state. The sec- 
retary of state shall compile a list of all 

Amendments such electors and send a copy of the list 

The 1971 amendment added subsection to each re^strar"; and made minor changes 

(3). in phraseology, punctuation and style. 

The 1977 amendment inserted the alter- 

native clause in subdivision (l)(b); sub- Felony Conviction 

stituted "whenever 45 days or more" at A Montana voter cannot be denied the 

the beginning of subsection (l)(c) for right to vote because of conviction of an 

"within 45 days"; substituted subdivision offense in federal court that would not 

(l)(e) for "If a certified copy of a final be a felony by Montana statutory defini- 

judgment of conviction of any elector of tion. Melton v. Oleson, — M — , 530 P 

a felony is filed"; deleted subsection (3) 2d 466; overruling State ex rel. Anderson 

which read: "At the close of registration, v. Fousek, 91 M 448, 8 P 2d 791. 
the court clerk of each county shall send 

23-3015. Challenges prior to election. (1) An elector may challenge 
the qualifications of another elector any time not later than 20 days prior 
to an election. The challenge must : 

(a) be filed with the registrar and be signed by the elector; 

(b) be verified by the affidavit of the elector that the elector designated 
is not entitled to vote ; 

(c) state the grounds of the challenge, objection, and disqualification. 

(2) The registrar shall : 

(a) file the affidavit of challenge in his office; 

(b) deliver a correct copy of the affidavit to the judges of election 
together with a copy of the precinct registers, check lists, and other 
documents ; 

(c) write opposite the name of any person whose qualifications are 
challenged the words, "to be challenged" ; 

(d) notify the elector within 5 days by certified or registered mail tliat 
his qualifications as an elector have been challenged. 

(3) An elector's right to vote may be challenged on election day by 
any registered elector by orally stating to the election judges the grounds 
of the challenge. 

96 



REGISTRATION OF ELECTORS 23-3016 

(4) The election judges sliall : 

(a) test the qualifications of the elector cliallenged under oath if he 
applies to vote ; 

(b) compare the answers of tlie elector witli the entries in the precinct 
register books ; and 

(c) not permit him to vote if the elector is found to be disqualified 
because the answers given do not correspond to the entry in the precinct 
registers or the elector is disqualified for any cause under the law or he 
refuses to take an oath or affirmation as to liis qualifications. 

(5) The election judges may require the challenged elector to produce 
one or more electors of the county to be examined under oath as to the 
qualifications of the challenged elector and may also request assistance 
from the county attorney and the registrar in determining the elector's 
qualifications. 

History: En. Sec. 34, Ch. 368, L. 1969; division (2)((l); and made minor ciia'i<:es 
amd. Sec. 11, Ch. 365, L. 1977. in style. 

Amendments Date for Holding Election 

The 1977 anundment rodesipnatcd stil)- Under prior section, a period of not lesa 

division (l)(d) .ts subdivision (:2")(d): than sixty days was required to lapse be- 

snhstiluted "certified or rogistevcd mail" twcen time an election was called and time 

for "registered United States mn:l" in suli- it was held. State ex rel. Eagye v. Bawden, 

51 M 357, 361, 152 P 761. 

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 
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. 

History: En. Sec. 35, Ch. 368, L. 1969; the act should be in effect from and 

amd. Sec. 1, Ch. 385, L. 1971. after its passage and approval. Approved 

March 15, 1971. 
Amendments ' 

The 1971 amendment rewrote subdivision Durational Residency Requirements 
(1) (a) which formerly read, "Close all Durational residency requirements of 3 
registration for forty (40) days before months in county and one year in state 
any election"; substituted "Sixty days as conditions precedent to voting violate 
before the election" for "Twenty (20) the equal protection clause of the four- 
days before the closing" at the beginning teenth amendment; unreasonableness of 
of the second paragraph of subdivision the classification was established by the 
(1) (b); and made minor changes in style fact that the registration books in Ten- 
and phraseology. nessee were not closed until 30 days be- 
fore the election and this was ample time 
Eflfective Date to complete whatever administrative 
Section 2 of Ch. 385, Laws 1971 provided tasks were necessary to ensure the purity 

97 



23-3018 ELECTIONS 

of the ballot box. Dunn v. Blumstein, 405 4f,8 F 2d 1213, 1216, 341 F Supp 1187, 

US 330, 31 L Ed 2d 274, 92 S Ct 995, 1191, 350 F Supp 646, 651, 388 F Supp 

distinguished in 410 US 752, 757, 36 L Ed 1139, 1143, explained in 506 F 2d 900, 902. 
2d 1, 93 S Ct 1245, 1249, 463 F 2d 54, 56, 

23-3018. Name on prec'nct register prima facie evidence of right to vote. 
(1) A person may not vote at an election mentioned in Title 23 or Title 37 
unless his name appi'ars on election day in the copy of tlie official precinct 
register furnished by the registrar to the election judges. The fact that his 
name appears in the copy of the precinct register is prima facie evidence of 
his right to vote. 

(2) If the election judges haA^e good reason to believe or if tliey are 
informed by a qualified elector tluit the person offering to vote is not the 
person registered in that name, he may not be allowed to vote until he has 
proved his identity by the oath of two reputable electors of ilie i)recinct 
in which he is registered. 

History: En. Sec. 37, Ch. 368, L. 1969; the precinct registers; (c) I^eqiilre ur. 

amd. Sec. 12, Ch. 365, L. 1977. elector, who is not able to sign his name, 

to produce two (2) electors who shall 

Amendments make an affidavit before the election 

The 1977 ani^uidment sul)stituted "Title judges in a form prescribed by the secre- 

23 or Title 37" in the first sentence of tary of state. One of the election judges 

subsection (1) for "this act"; deleted suh- sliail write on the affidavit tlie elector'.-- 

section (3) which read: "The election n.ime, note his inability to sign, ami the 

judges in each precinct at every general uaine.s of the electors mahing affidaA-its. 

or special election in a precinct register The aihdavits shall be returned to the 

certified to them hy the registrar shall: registrar with the other election records"; 

(a) Mark a cross (X) upon tiie line oppo- and made minor changes in phraseology 

site the namo of the elector; (It) Require and style, 
the elector to sign his name u])on one of 

23-3021. Repealed. 

Repeal ized citizens, was repealed by Sec. 76, Ch. 

Section 23-3021 (Sec. 40, Ch. 368, L. 365, Laws 1977. 
1969), relating to registration of natural- 

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. 

98 



REGISTRATION OF ELECTORS 23-3023 

(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 
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 tlie 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; made minor changes in phraseology. 
amd. Sec. 1, Ch. 394, L. 1971; amd. Sec. Chapter 177, Laws of 1975, deleted 

1, Cli. 164, L. 1975; amd. Sec. 1, Ch. 177, L. "while a student at any institution of 
1975. learning" in subdivision (2); and substi- 

tuted "day" for "date" in subdivision 

Compiler's Notes (10). 

This section was amended twice in 

1975, once by Ch. 164 and once by Ch. 177. Residency Requirements 

Neitlier amendatory act mentioned the Durational residency requirements of 3 

other. Since the amendments do not appear months in county and one year in state as 

to conflict, the compiler has made a com- conditions precedent to voting violate the 

posite section embodying the changes equal protection clause of the fourteenth 

made by both amendments. amendment; unreasonableness of the classi- 
fication was established by the fact that 

Amendments l;lig registration books in Tennessee were 

The 1971 amendment deleted "while em- not closed until 30 days before the elec- 
ployed in the service of the United States tion and this was ample time to com- 
er of this state" after "lose a residence" plete whatever administrative tasks were 
in subdivision (2); and made a minor necessary to ensure the purity of the bal- 
change in punctuation. lot box. Dunn v. Blumstein, 405 US 330, 

Chapter 164, Laws of 1975, substituted 31 L Ed 2d 274, 92 S Ct 995, distinguished 

references to "person's" and "person" in in 410 US 752, 757, 36 L Ed 2d 1, 93 S Ct 

subdivision (8) for references to "man's" 1245, 1249, 463 F 2d 54, 56, 468 F 2d 

and "man"; substituted "resides" for "re- 1213, 1216, 341 F Supp 1187, 1191, 350 F 

sided" before "with the intention of re- Supp 646, 651, 388 F Supp 1139, 1143, 

maining" in subdivision (8) ; substituted explained in 506 F 2d 900, 902. 
"day" for "date" in subdivision (10); and 

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-ofl5ce 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 sliall 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 

99 



23-3025 



ELECTIONS 



be used for the general election only if a supplemental list giving the 

names of electors who have registered after the first list was prepared is 

printed. 

(6) The expense of printing this list shall be paid by the county or city 

in which the election is to be held. 

The 1973 amendment deleted "Ten (10) 
days or more before any election," from 
the beginning of subsection (3); deleted 
"or posted" from the end of subsection 
(4); and deleted "posted and" and "and 
posted" from subsection (5). 



History: En. Sec. 42, Ch. 368, L. 1969; 
amd. Sec. 2, Ch. 243, L. 1971; amd. Sec. 
1, Ch. 201, L. 1973. 

Amendments 

The 1971 amendment deleted "or first 
class school district" after "city" in sub- 
section (1); and deleted "or school dis- 
trict" after "city" in subsection (6). 



23-3025. Repealed. 

Repeal 

Section 23-3025 (Sec. 44, CIi. ;;G8, L. 
1969), relating to attempting to vote after 



^■otc rejected, was repealed l»v Sec. 49, 
Ch. 334, Laws 1977. 



23-3026. Commissioners to provide registrar with suflBcient help. The 

commissioners shall provide the registrar with sufficient help for the duties 
imposed by Title 23 or Title 37. The cost of stationery, printing, publishing, 
and posting is a proper charge against the county. 

History: En. Sec. 45, Ch. 368, L. 1969; Amendments 

?.md. Sec. 13, Ch. 365, L. 1977. The 1977 amendment substituted "Title 

23 or Title 37" at the end of the first 
sentence for "this act"; and made minor 
changes in phraseology and punctuation. 

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 

printing and posting the lists of electors, 
publishing notice, and other expenses in- 
curred" after "actual expense incurred" 
in the second sentence of subsection (1). 



amd. Sec. 3, Ch. 243, L. 1971. 

Amendments 

The 1971 amendment deleted "first class" 
before "school district" in the first sen- 



23-3029. Repealed. 

^®Peal act, was repealed by Sec. 49, Ch. 334, 

Section 23-3029 (See. 48, Ch. 368, L. Laws 1977. 
1969), relating to penalty for violations of 



100 



ELECTION PRECINCTS 23-3101 

23-3030. Repealed. 

Bepeal fion of deceased electors, was repealed bv 

Section 23-3030 (Sec. 1, Cli. 126, L. Sec. 76, Ch. 365, Laws 1977. 
1973), relating to cancellation of registra- 

CHAPTER 31 

ELECTION PEECINCTS 

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 
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; Amendments 

amd. Sec. 1, Ch. 171, L. 1973. The 1973 amendment added to the first 

paragraph of subsection (3) the clause 

101 



23-3103 ELECTIONS 

and sentence relating to precinct bound- conform" for "must conform" in sub- 
ary changes following the adoption of re- section (4) ; and made a minor change in 
apportionment plans; substituted "may phraseology. 

23-3103. Designation of polling place. The commissioners shall make 
an order designating the polling place for each precinct, at the session 
at whicli 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; Amendments 

amd. Sec. 1, Ch. 169, L. 1974. The 1974 amendment rewrote this sec- 

tion. Prior to amendment it read "The 
Effective Date commissioners shall make an order desig- 

Section 2 of Ch. 169, Laws 1974 provided nating the place within each precinct 
the act should be in effect from and after where the election will be held at the ses- 
its passage and approval. Approved March sion at which election judges are ap- 
11, 1974. pointed. Copies of the order must be 

posted immediately in three (3) public 
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. Instruction 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 

102 



JUDGES AND CLERKS 23-3204 

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. 

(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. 

103 



23-3206 ELECTIONS 

(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. 

(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 



Amendments 

The 1971 amendment inserted "and 



subsection (4). 



CHAPTER 33 

PEIMARY ELECTIONS AND NOMINATIONS BY CEETIFICATE 

Section 

23-3304. Declaration of nomination. 

23-3305. Deadline for filing nominating declarations. 

23-3308. Arrangement of ballots. 

23-3311. Tally sheets — keeping and announcing the tally. 

23-3312. Duties of election clerks and judges after canvassing votes — seal. 

23-3313. Abstracts of votes — when and how made. 

23-3314. Canvass by secretary of state — governor's certificate of nomination and proc- 
lamation — decision by lot in event of tie. 

23-3315. Error in ballot or other wrongful or neglectful act. 

23-3316. Contest — notice — hearing — how tried and decided — certificate. 

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. 

23-3319. Certificates of nominations to be preserved — certification of candidates' names 
and descriptions — statement of votes received by candidate. 

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. 

104 



PRIMARY ELECTIONS AND NOMINATIONS 23-3304 

Section 

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 would 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: 

(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 
bold 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. (1) Each candidate in the pri- 
mary 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 
declaration of nomination shall be acknowledged by a notary public if 
sent 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. 

105 



23-3304 ELECTIONS 

(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 county, members of the 
legislature, and judges of the district court; 

(b) in tlie office of tlie registrar for county and district offices to be 
voted for in only one county, other than a legislator or a judge of the 
district court, and for precinct offices; 

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

(5) Filing fees are as follows: 

(a) for offices having an annual salary of $1,000 or less, $10, except 
candidates for tlie legislature must pay $15; 

(b) for offices having an annual salary of more than $1,000, 1% of 
the total annual salary; 

(c) for the office of county commissioner: 
(i) in counties of the first class, $40; 

(ii) in counties of the second class, $35 ; 

(iii) in counties of the third class, $30 ; 

(iv) in counties of the fourth class, $25 ; 

(v) in counties of other classes, $10 ; 

(d) for offices in which compensation is paid in fees, $5; 

(e) for state, county, and precinct committeemen, delegates to national 
conventions, and presidential electors, no fees are required. 

(6) A person nominated by having his name written in on the primary 
ballot and desiring to accept the nomination may 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 10 days after the primary a written declaration indicating his accept- 
ance of the nomination; 

(b) pays the required filing fee or if indigent, complies with subsection 

(7); 

(c) received at least 5% of the votes cast for the office at the last 
preceding general election. 

(7) 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 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 the form and contain 

106 



PRIMARY ELECTIONS AND NOMINATIONS 23-3308 

the information prescribed by the secretary of state. Every declaration 
must be signed by the elector seeking nomination. 

History: En. Sec. 59, Cli. 368, L. 10C9; it the (lociinu'nta rcc|iiired in lieu of a 

amd. Sec. 1, Ch. 28, L. 1973; amd. Sec. 1, filing fee. The declaration of nomination 

Ch. 246, L. 1975; amd. Sec. 14, Ch. 365, L. shall"; inserted "within" before "at least 

1977. ten (10) days" in subdivision (6) (a); 

inserted subsection (7) and redesignated 

Amendments former subsection (7) as subsection (8). 

The 1973 amendment added the second The 1977 amendment inserted "other 

sentence to subdivision (1); substituted th:iu a h-gislntor or a jud^^e of the di.s- 

"legislature" for "legislative assembly" in triri court" in suhdivi.sion ('4)(1);; deleted 

subdivision (5) (a); deleted "or lieu- "township and" before "precinct offices" 

tenant governor" from subdivision (5) i,i subdivision (4)(b); added "or if indi- 

(a); and made a minor change in phrase- g^nt, complies with subsection (7;" to 

ology. subdivision (G)(b); and made minor 

The 1975 amendment inserted in sub- changes in phraseology, punctuation and 

section (2) "or in the case of a candidate style, 
who cannot afford the filing fee, send with 

23-3305. Deadline for filing nominating declarations. Nominating dec- 
larations shall be filed not later than 5 p.m., 40 days before the date of the 
primary election. 

History: En. Sec. 60, Ch. 363, L. 1969; in more than one (1) county, or as a mem- 
amd. Sec. 15, Ch. 365, L. 1977. ber of the legislative assembly shall be 



Amendments 



filed with the secretary of state. Declara- 
tions for nominations to an office filled by 



The 1977 amendment deleted second and election in one county, or district or city 

third sentences which read: "Declarations shall be filed w^ith the registrar or city 

for nomination to an office filled by elec- clerk"; and made a minor change in punc- 

tion throughout the state, as judge of a tuation. 
district court, to an office filled by election 

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

(2) Candidates' names shall be arranged alphabetically by surnames, 
under the offices and under the proper party designation. The names of 
the candidates for governor and lieutenant governor shall be arranged by 
the surname of the candidate for governor. When two 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 removing 
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 precinct, only 
one set shall be used and they shall be identical. 

(3) 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. 

(4) If a person is nominated upon more than one ticket, not later than 
10 days after the election lie sliall file written notification with the secre- 
tary of state, registrar, or city clerk of tlie party under which liis name is 
to appear upon the ballot for the general election, and, if he fails to notify 

107 



23-3311 ELECTIONS 

the proper officers, his name shall appear under the party with whom his 
nominating declaration was first filed. 

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

(6) Title 23 and Title 37 do not preclude an elector from having his 
name printed upon the ballot as an independent candidate, and no candidate 
may have his name printed on more than one ticket. 

(7) Ballots shall be printed on white paper in the form of the Australian 
ballot, and the candidates of each party shall be printed on a separate 
ticket. 

(8) 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. 

(9) 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. 

(10) Immediately after the recount period, as provided in 23-4103, the 
tickets deposited in the blank ballot box shall be destroyed. 

History: En. Sec. 63, Ch. 368, L. 1969; 23 and Title 37" at the beginning of sub- 

amd. Sec. 2, Ch. 28, L. 1973; amd. Sec. 16, section (6) for "this act"; substituted 

Ch. 365, L. 1977. subsection (10) for "Immediately after 

the recount period, the election judges. 

Amendments shall, without examination, destroy the 

The 1973 amendment inserted the sec- tickets deposited in the blank ballot box"; 

ond sentence in subdivision (2). and made minor changes in phraseology. 

The 1977 amendment substituted "Title punctuation and style. 

23-3311. Tally sheets — keeping and announcing the tally. (1) The 

registrar shall furnish tally sheets for each political party having candi- 
dates in the primary election for each voting precinct. Tally sheets shall 
contain the names of the candidates, names of the political parties desig- 
nated at the head, and be numbered in the order in which the names appear 
on the official ballot. 

(2) Tally sheets shall show : 

(a) the number and name of each person voted for; 

(b) the office for nomination to which each person was voted for ; 

(c) the total number of votes cast for each candidate for nomination. 

(3) The election clerks and judges shall audibly announce the tally or 
count and shall keep the tally in the form prescribed by the secretary of 
state. The tally or count shall be certified by the election clerks and judges. 

(4) The election clerks shall in ink: 

(a) keep tally upon the prescribed tally sheet of each political party; 

(b) total the number of tallies and write the total immediately to the 
right of the last tallies for each candidate and also in the columns headed 
"total vote" ; 

(c) prepare the certificate required by subsection (3) ; 

(d) immediately upon completion of the count, sign the tally sheets, 
and each clerk shall certify which sheets were kept by him. 

108 



PRIMARY ELECTIONS AND NOMINATIONS 23-3313 

(5) If the judges are satisfied with the correctness of the tally sheets, 
they shall sign all the tally sheets. 

(6) The election clerks shall then prepare a statement of that portion 
of the tally sheets showing the number and name and political party of 
each candidate for nomination and the office and total votes received by 
each in the precinct and shall prepare the certificate. The election clerks 
and judges who complete the count shall sign the statement and immedi- 
ately post it in a conspicuous place outside of the polls. The statement 
shall remain posted for 10 days. 

History: En. Sec. 66, Ch. 368, L. 1969; Amendments 

amd. Sec. 17, Ch. 365, L. 1977. The 1977 amendment deleted "chairman 

and" before "judges" in subsection (5); 
and made minor changes in style, phrase- 
ology and punctuation. 

23-3312. Duties of election clerks and judges after canvassing votes — 
seal. (1) Immediately after canvassing votes, the election clerks and 
judges who complete the count shall enclose the poUbooks in separate 
envelopes and securely seal them. The election clerks and judges shall: 

(a) enclose the tally sheets in separate envelopes and securely seal 
them ; 

(b) enclose the precinct registers in separate envelopes and securely 
seal them ; 

(c) enclose all ballots fastened together and in separate envelopes and 
securely seal them ; 

(d) specify in ink the contents and address each package to the reg- 
istrar of the county in which the election precinct is situated ; 

(e) mark the sealed ballot packages on the outside showing what 
numbers are contained, but once sealed they may not be opened until or- 
dered by the proper court. 

(2) When the count is completed, the sealed ballots shall be placed in 
two ballot boxes, the boxes locked and the seal of the board pasted over 
the keyhole and rim of the lid so that to open the box the seal must be 
broken. The registrar or those persons making the abstracts of the votes 
may not break the seal nor may anyone break the seal except upon court 
order in case of contest or on order of the commissioners when the boxes 
are needed for the ensuing election. 

History: En. Sec. 67, Ch. 368, L. 1969; persons" in the second sentence of sub- 
amd. Sec. 18, Ch. 365, L. 1977. section (2) for "the canvassers"; and 

made minor changes in phraseology, punc- 
Amendments tuation and style. 

The 1977 amendment substituted "those 

23-3313. Abstracts of votes — when and how made. (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 assistants who are 
justices of the peace, county commissioners, or either, shall open the returns 
and make abstracts of the votes. 

(2) Abstracts of votes for nomination of each party for congressional 
offices, state or district offices to be voted on in more than one county, 
members of the legislature, and judges of the district court shall be on one 
sheet, separately for each political party. The registrar, immediately after 

109 



23-3314 



ELECTIONS 



making the abstracts of votes, shall send by mail a copy of each of the 
abstracts to the secretary of state. 

(3) Abstracts of votes for county and district offices to be voted on in 
only one county, other than a legislator or a judge of tlie district court, and 
precinct offices shall be placed on separate sheets for each political party, 
and the registrar shall certify the nomination for eacli party and enter 
upon liis register of nomination tlie name of each of the persons having 
the higliest number of votes for nomination. lie shall notify each person 
who is nominated by mail. 

(4) If there is a tie for the same nomination in one party, the registrar 
shall notify the affected persons to come to his office at a time set by the 
registrar. The registrar sliall tlicn 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 nomination. 

(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; 
amd. Sec. 22, Ch. 315, L. 1974; amd. Sec. 
19, Ch. 365, L. 1977. 

Amendments 

The 1974 amendment substituted "pub- 
lic service commissioners" for "railroad 
commissioners" in subsection (2). 

The 1977 amendment substituted the 
enumeration of offices in subsection (2) 
for "governor, lieutenant governor, secre- 
tary of state, attorney general, state audi- 
tor, superintendent of public instruction, 
public service commissioners, clerk 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"; substituted the sec- 
ond sentence of subsection (2) for "and 
shall be forthwith transmitted to the sec- 
rotary of state, as required by section 23- 
3314"; inserted "and district offices to be 
voted on in only one county, other than 
a legislator or a judge of the district 
court" in subsection (3); and made minor 
changes in style. 



23-3314. Canvass by secretary of state — governor's certificate of nom- 
ination and proclamation — decision by lot in event of tie. (1) The secre- 
tary of state shall, in the presence of the governor and the superintendent 
of public instruction, proceed not later than 15 days after the date of the 
primary election to canvass the votes given for nomination for congressional 
offices, state or district offices to be voted on in more than one county, 
members of the legislature, and judges of the district court. 

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

(3) When a tie exists between two 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 person is 
nominated by his party. The governor shall issue his proclamation de- 
claring the nomination of that person. 

History: En. Sec. 69, Ch. 368, L. 1969; Ch. 315, L. 1974; amd. Sec. 20, Ch. 365, L. 
amd. Sec. 3, Ch. 28, L. 1973; amd. Sec. 22, 1977. 



110 



PRIMARY ELECTIONS AND NOMINATIONS 23-3316 

Amendments instruction" near the beginning of sub- 

The 1973 amendment inserted "and lieu- section (1) for "state treasurer"; substi- 

tenant governor" after "governor" in sub- t^ted the enumeration of offices at the end 

division (2); and deleted "lieutenant of present subsection (1) for 'governor 

governor" later in subdivision (2). ''^"d lieutenant governor, United States 

The 1974 amendment substituted "pub- senator, United States representative, at- 

lic service commissioners" for "railroad torney general, superintendent of public 

commissioners" in subsection (2). instruction, public service commissioners, 

The 1977 amendment deleted a former secretary of state, state treasurer, state 

subsection (1) which read: "the registrar, auditor, justices of supreme court, clerk 

immediately after making the abstracts of the supreme court, judges of the dis- 

of votes, shall send a copy of each of ^rict court, members of the legislative 

the abstracts by mail to the secretarv assembly, and all other officers voted m 

of state": redesignated subsections (2) any district comprising more than one 

through (4) as subsections (1) through 'f^^l^y'' ^"^ "^'^^^^ °""°^ changes m 

(3); substituted "superintendent of public '*^" " 



stvle. 



23-3315. Error in ballot or other wrongful or neglectful act. (1) The 

court sliall order an offi'-cr or person eliarged with a \vrong:rul act or neglect 
to perform his duties or show cause Avhy the order should not issue -whon- 
ever it appears by affidavit to the district court, to the supreme court, or 
to a supreme court judge : 

(a) that an error or omission has occurred or is about to occur in the 
printing of the name of any candidate or other matter on the official pri- 
mary nominating election ballots ; 

(b) that any error has been or is about to be committed in the printing 
of the ballots ; 

(c) that the name of any person or any otlier matter has been or is 
about to be wrongfully placed upon the ballots; 

(d) that any wrongful act has been performed by any judge or clerk 
of the primary election, registrar, canvassing board or member, or by any 
person charged with a duty under Title 23 or Title 37 or that any neglect 
of duty by any of the persons has occurred or is about to occur. 

(2) Failure to obey the court order is contempt. 

(3) Any person aggrieved by the refusal or failure of any person to 
perform any duty required by Title 23 or Title 37, without derogation of 
any other right or remedy, is entitled to seek a writ of mandamus in the 
district court and the proceeding shall be immediately heard and decided. 

History: En. Sac. 70, Ch. 368, L. 1969; Amendments 

ami. Sec. 22, Ch. 365, L. 1977. The 1977 amendment substituted "Title 

23 or Title 37" in two places for "this 
act"; and made minor changes in phrase- 
ology, punctuation and style. 

23-3316. Contest — notice — hearing — how tried and decided — certificate. 

(1) Five daj'S or less after a person has been nominated, any person wish- 
ing to contest the nomination to any state, county, district, precinct, or 
city office shall give notice in writing to the person whose nomination he 
intends to contest briefly stating the cause for the contest. 

(2) The contestant shall make application to the district court judge 
in the county where ihe contest is to be had. The judge shall then set the 
time for the hearing. 

(3) The contestant shall serve notice 3 daj^s before tlie liearing is 
scheduled. The notice shall state tlie time and place of the hearing. 

Ill 



23-3317 ELECTIONS 

(4) The judge of the district court shall hear and determine the 
case and make all necessary orders for the trial of the case and carrying 
his judgment into effect. The order of the judge shall express the will 
of a majority of the legal voters of the political party, as indicated 
by their votes, disregarding technicalities or errors in spelling. 

(5) Each party is entitled to subpoenas. 

(6) The registrar shall issue a certificate to the person declared 
nominated by the court. The certificate shall be conclusive evidence 
of the right of the person to hold the nomination. 

History: En. Sec. 71, Ch. 368, L. 1969; Cross-Reference 

amd. Sec. 23, Ch. 365, L. 1077. Application of Montana Rules of Civil 

Amendments Procedure to contest of nomination, see 



Tlie 1977 amendment deleted "township" 
before "precinct" in subsection (1); and 
made minor changes in style. 



M. R. Civ. P., Rule 81(a), Table A. 



23-3317. Repealed. 

Repeal ),y election officials and candidates, was 

Section 23-3317 (Sec. 77, Ch. 368, L. repealed hy Sec. 49, Ch. 334, Laws 1977. 
1969), relating to penalty for violations 

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%) 

112 



PRIMARY ELECTIONS AND NOMINATIONS 23-3321 

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 

.^„„.^„^4._ to the date of the ereneral election" in 

Amendments , .. ,_, ,^: . , ,,„„ j 

subsection (5) ; and inserted '90 days 

The 1971 amendment added the second p^or to the date of the general election" 

sentence of paragraph (5), relating to ^t the end of the first sentence in sub 

the filing of certificates of nomination by section (6). 
candidates for municipal ofiices. 

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. 

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 read "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, R. C. M. 1947, can be 

independent candidates; and providing an followed." 

effective date. 

23-3319. Certificates of nominations to be preserved — certification of 
candidates' names and descriptions — statement of votes received by candi- 
date. (1) The secretary of state, registrars, and city clerks shall preserve 
all certificates of nominations for 1 year. All certificates shall be open to 
public inspection under rules adopted by the various offices. 

(2) Forty-five days or more before an election, the secretary of state 
shall certify to the registrars the name and description of each person 
nominated, as specified in the certificates of nomination filed witli him. 

History: En. Sec. 79, Ch. 368, L. 1969; shall transmit to the secretary of state a 
amd. Sec. 24, Ch. 365, L. 1977. statement of the number of votes cast for 

,a person as the candidate for the inde- 
Amendments pendent body Ity which he was nomi- 

The 1977 amendment deleted a suhsec- nated"; and made minor changes in style, 
tion (3) which read: "Each election board 

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, 

113 



23-3322 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; serted "or district" after "from each coun- 

amd. Sec. 5, Ch. 254, L. 1971; amd. Sec. ty" in subdivision (3) (a); inserted "of 

4, Ch. 28, L. 1973. the county or district" after "central com- 
mittees" in subdivision (3) (a); and in- 

Amendments serted "accompanied by the proper filing 

The 1971 amendment substituted "any fee" in subdivision (3) (c). 

district however constituted" for "a multi- The 1973 amendment added subdivision 

county district" in subsection (3); in- (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. 

114 



PRIMARY ELECTIONS AND NOMINATIONS 23-3328 

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. Submissicn 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 37-12o and must forward tl'c petitions to tlic secretary 
of state. The petitions inust be submilted to the clerk and recorder at least 
30 days before the filing deadline established in 23-3305. 

History: En. 23-3326 by Sec. 5, Ch. 132, Eepealiiig Clause 

L. 1974; amd. Sec. 28, CJi. 342, L. 1977. Ser-tion 29 of Ch. 342, Laws 1977 read 

"Hcctioiis 37-101 through 37-104, 37-104.1, 

Amendments 37-104.2, .•;7-104.3, 37-104.4, 37-104.5, 37- 

The 1977 aniendaKiit siilistitnted "37- ]ii4.C, 37-101.7. ;'.7-]()-l 8, 37-104.9. 37-104.10, 

123"' for "section 37-103, R. C. M. 1!!47"; 37-10') thiouoli 37-110, and 37-201 through 

and made minor changes in style. 37-203, K. C. M. 1947, are repealed.'' 

23-3327. Notification of candidates. If the signatures and petitions 

fulfill the requirements of this act, the secretary of state shall immediately 

notify the candidates named on the petitions that they shall be placed upon 

the presidential preference primary election ballot, unless they file with 

the secretary of state a notarized affidavit that they are not a candidate 

for president. The notification of the candidate shall be made at least 

fifteen (15) days before the filing deadline established in section 23-3305, 

R. C. M. 1947. The affidavit of noncandidacy must reach the secretary of 

state by the filing deadline established in section 23-3305, R. C. M. 1947. 

History: En. 23-3327 by Sec. 6, Ch. 162, 
L. 1974. 



23-3328. 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 PARTIES, COMMITTEEMEN AND COMMITTEES 

Section 

23-3403. Powers of county and city central conimittjes — role of state central commit- 
tee where no county rciitr.ii counnittcc exists. 

23-3405. Organization of committee — meeting — county convention to elect delegates 
and alternates to state convention. 

115 



23-3403 ELECTIONS 

23-3403. Powers of county and city central committees — role of state 
central committee where no county central com.mittee exists. (1) The 
county and city central coniniittce ma^' : 

(a) make rules for tlie government of its political party in each county 
not inconsistent with any of the provisions of the election laws of this 
state or the rules of its state political party ; 

(b) elect two county members of the state central committee, one of 
whom shall be a man and one of whom shall be a woman, elect the members 
of tlie congressional committee, and fill all vacancies and make rules in 
their jurisdiction. 

(2) If there is no county central committee, the state central committee 

shall appoint a county central committee. 

History: En. Sec. 74, Ch. 368, L. 1969; election laws of this state" in subdivision 

amd. Sec. 25, Ch. 365, L. 1977. (l)(a) for "this act"; and made minor 

Amendments changes in phraseology, punctuation and 

style. 
The 1977 amendment substituted "the 

23-3405. Org-anization 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 or more vice-chairmen. The chairman or 
first vice-chairman shall be a woman. The committee shall elect a secretary 
and other ofScers 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 al] powers conferred upon the county, 
city, state, and congressional central committees by the election laws of 
this state. 

(3) The chairman of the county central committee shall call the central 
committee meeting and not less than 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 may be recognized unless 
held by an elector of the precinct of the committeeman executing it. 

(4) The county chairman of the party shall preside at the county 
convention. No person other than a duly elected or appointed committee- 
man or officer of the committee is entitled to participate in the proceedings 
of the committee. 

(5) If a committeeman is absent, the convention may fill the vacancy 
by appointing some qualified elector of the party, resident in the precinct, 
to represent the precinct in the convention. 

(6) The county convention shall elect delegates and alternate dele- 
gates to the state convention under rules of the state party. The chair- 
man and secretary of the county convention shall issue and sign certificates 
of election of the delegates. 

History: En. Sec. 76, Ch. 368, I.. 1969; call" in the first sentence of subsection 

amd. Sec. 1, Ch. 216, L. 1973; amd. Sec. 26, (3); inserted "If party rules permit the 

Ch. 365, L. 1977. use of a proxy," at the beginning of the 

second sentence of subsection (3); de- 
Amendments leted "and the appointed proxy" after 
The 1973 amendment deleted "enclos- "committeeman" in subsection (5); and 
ing a blank proxy," after "a copy of the made a minor change in style. 

116 



ELECTION SUPPLIES AND BALLOTS 23-3509 

The 1977 amendment substituted "the subsection (2) for "this act"; and ninde 
election laws of this state" at the end of minor changes in phraseology and style. 



CHAPTER 35 
ELECTION SUPPLIES AND BALLOTS 

Section 

-3-3506. Eegistrar to provide printed ballots — other Ijallots ineffective. 

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. 
2.1-3512. Columns and material to be printed on ballot. 
23-3513. Order of placement. 
23-3515. Stub, size and contents. 

23-3506. Registrar to provide printed ballots — other ballots ineffective. 
Except as otherwise provided in the election laws of this state: 

(1) the registrar sliall provide printed ballots for every election for 
public officers. He sliall print on the ballot the names of all candidates, 
including candidates for chief justice and justices of the supreme court 
and judges of the district courts; 

(2) ballots other than those printed by the registrars may not be 

cast or counted in any election. 

History: En. Sec. 89, Ch. 36S, L. 1969; elector may write or paste on his ballot 
amd. Sec. 27, Ch. 365, L. 1977. the name of any person for wliom he de- 

sires to vote for any office, but must mark 
Amendments ^^ ^^ provided in section 23-3606. When 

The 1977 amendment sulistituted "the the ballot is marked in this mainier it 
election laws of this state" at the end of must be counted the same as though the 
tlie introductory elar.se for "this act"; do- name is printed upon the ballot and 
leied "associate" before "justices of the laarked by the voter"; designated former 
supreuie court" in subsection (,1;; d.'letcd sul-.seetion yZ) ai subsection (1^!; and 
former subsection (2) which read: "An made minor changes in puuctuation and 

styivi. 

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; ^^^^ shall 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). 

117 



23-3512 ELECTIONS 

23-3512. Columns and material to be printed on ballot. (1) Each 
ballot shall contain three categories with at least one column for each 
categorj% 

(2) At the head of tlie first column to the left shall be the words 
"STATE AND NATIONAL" in boldface type, followed by a list of all 
candidates for state and national offices, including supreme court justices, 
district court judges, and members of the legislature, and the list shall 
progressively continue to the top of the second column. 

(3) Next shall be the word "COUNTY" in large boldface type and 
beneath the heading all candidates for county offices. The list shall pro- 
gressively continue on to the top of the third column. 

(4) Next shall be the words "INITIATIVES, EEFERENDUMS, AND 
CONSTITUTIONAL AMENDMENTS" in boldface type, and listed there- 
under shall be all proposed constitutional amendments and measures to be 
voted which do not involve the creation of any state levy, debt, or liability. 
If there are no such measures, this heading shall be eliminated. 

(5) Following each except the last column, the words "VOTE IN 
THE NEXT COLUMN" shall appear. 

(6) All measures involving the creation of a state levy, debt, or 
liability shall be submitted to the voters upon a separate official ballot. 

(7) Each ballot shall be printed so that all the matters printed are 
equally apportioned among the three categories as nearly as possible. 

History: En. Sec. 95, Ch. 368, L. 1969; 'COUNTY AND TOWNSHIP'"; deleted 
amd. Sec. 28, Ch. 365, L. 1977. "and township" before "offices" at the end 

of the first sentence of subsection (3); 

Amendments and made minor changes in punctuation 

The 1977 amendment substituted "word and style. 
'COUNTY'" in subsection (3) for "words 

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 eacli 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 auditor; 

(h) Public service commissioners; 

(i) State superintendent of public instruction; 

(j) Clerk of the supreme court; 

(k) Chief justice of the supreme court; 

(1) Justices of the supreme court; 

(m) District court judges ; 

(n) State senators ; 

(o) Members of the house of representatives. 

118 



ELECTION SUPPLIES AND BALLOTS 



23-3515 



(2) If any offices are not to be elected, they sliall not be desig^nated 
but tlie order of offices to be filled shall maintain tlieir relative positions. 

(3) In the column designated "COUNTY", the following order of place- 
ment shall be observed : 

(a) clerk of the district court; 

(b) county commissioner ; 

(c) county clerk and recorder; 

(d) sheriff; 

(e) county attornej^; 

(f) county auditor ; 

(g) other offices in the order designated by the registrar. 

(4) In the third colunni constitutional amendments shall be followed 
by referendum and initiative measures. 



History: En. Sec. 96, Ch. 368, L. 1989; 
amd. Sec. 5, Ch, 28, L. 1973; amd. Sec. 
22, Ch. 315, L. 1974; amd. Sec. 29, Ch. 365, 
L. 1977. 

Amendments 

The 1973 amendment combined former 
subdivisions (1) (d) and (1) (e); and 
redesignated the succeeding items in sub- 
division (1). 

The 1974 amendment substituted "Pub- 
lic service commissioners" for "Railroad 



and public service commissioners" in sub- 
division (l)(a)(i). 

The 1977 anieiidnicnt deleted former 
subdivision (l)(g) which read: "state 
treasurer"; redesignated foi-mer subdivi- 
sions (l)(h) through (l)(n; as subdivi- 
sions (l)(gy' through (l)(m); divided for- 
mer subdivision (l)(o) into subdivisions 
(l)(n) and (l)(o); substituted "Justices" 
for "Associate justices" in subdivision (1) 
(I): deleted "AND TOWNSHIP" after 
"COUNTY" in subsection (3); and made 
minor changt's in style and punctuation. 



23-3515. Stub size and contents. (1) The ballot shall be printed on 
the same leaf with a stub, separated by perforation. 

(2) The stub shall extend the entire width of the ballot and have in- 
structions 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 name 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 question 
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 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; 
amd. Sec. 1, Ch. 414, L. 1975; amd. Sec. 
SO, Ch. 365, L. 1977. 

Amendments 

The 1975 amendment substituted "On 
the front" for "On the back" at the be- 
ginning of subsection (4). 



Tlie 1977 amendment substituted "sep- 
arated by perforation" at the end of sub- 
section (1) for "and separated by a per- 
forated stub"; and made minor changes 
in phraseology, punctuation and style. 



119 



23-3601 ELECTIONS 

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-:?605. Preventing olistructioiis. 

23-3606. Method of voting. 

23-3607. No person except election judge to put ballot or other object in a ballot box. 

23-3610. Marking precinct register book before elector votes — procedure. 

23-3611. Grounds of challenge. 

23-3612. Proceedings pursuant to challenges — oaths. 

23-3613. Determination of challenges. 

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) OflScial 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, Ciu 368, L. 1969. 4713, 23-4714, and 23-4715, referred to in 

-1 » XT 4- subdivision (4) (d), were originally num- 

CompUer 3 Notes ^^j.^^ 94-1407, 94-1411, 94-1412, 94-1413, 

Sections 23-4707, 23-4711, 23-4712, 23- 94-1414, and 94-1415. 

23-3605. Preventing obstructions. An election officer, sheriff, con- 
stable, or other peace officer may clear the passageway, prevent any obstruc- 
tion, and arrest any person obstructing the passageway to a polling place. 

History: En. Sec. 105, Ch. 368, L. 1969; A person shall not show the contents of 

amd. Sec. 41, Ch. 334, L. 1977. liis ballot to any other person after it is 

marked. (7) A person shall not solicit the 
Amendments elector to show the contents of his ballot: 
The 1977 amcnflment deleted former nor shall any person, except the election 
subsections (1) through (3) which read: judge, receive from any elector a ballot 
"(1) An election officer shall not do any jirepared for voting. (8) An elector shall 
clectioneciing on election day. (2) A per- not receive a ballot from any otlier per- 
son shall not do any electioneering on son than one of the election judges, nor 
election day, within any polling place, in shall any person other than an election 
any building in Avhich an election is being judge deliver a ballot to an elector. (9) 
held, or witliin two hundred (200) feet of An elector shall not vote any ballot ex- 
the l)uild'ng where the polling place is cept one received from the election judge, 
located. (3) A person shall not obstruct (10) An elector shall not place any mark 
the entries to a polling place."; retained upon his ballot by which it may be identi- 
former subsection (4) as the present sec- fied as the one voted by him. (11) An 
tion; and deleted former subsections (5) elector who does not vote a ballot deliv- 
through (11) which read: "(5) A person ered to him shall, before leaving the poll- 
shall not remove a ballot from tlic polling ing place, return the ballot to the election 
place before the closing of the polls. (6) judge." 

120 



CONDUCT OF ELECTIONS 23-3607 

Cross-References Electioneering by election officials, pen- 
Disclosing contents of ballot after mark- ^.Ity, 23-4713. 
ine penalty 23-4714 Solicitation of votes on election day, sec. 

^ ^' ' 23-4753. 

23-3606. Method of voting. (1) On receipt of his ballot, the elector 
must immediately retire to one of the booths and prepare his ballot. 

(2) He shall prepare his ballot by marking an "x" in the square before 
the name of the person or persons for whom he intends to vote. 

(3) If the ballot f'ontains a constitutional amendment or other question 
to be submitted to the vote of the people, he shall mark an "x" in the 
applicable square indicating his vote either for or against the amendment 
or question. 

(4) The elector may write in the blank spaces, or paste over any other 
name, the name of any person for whom he wishes to vote and may vote 
for that person by marking an "x" before the name. When the ballot is 
marked in this manner, it must be counted the same as though the name 
is printed upon the ballot and marked by the voter. 

(5) After preparing his ballot the elector must fold it so the face 
of the ballot will be concealed and the endorsements may be seen and hand 
it to the election judges who shall announce the name of the elector and the 
printed or stamped number on the stub in a loud tone of voice. The judge 
must announce the voter's name and record the name in the pollbook. If 
the voting is in a city, the voter's residence shall also be announced and 
recorded in the pollbook. 

(6) If tlie elector is entitled to vote and if tlie printed or stamped 
number is the same as that entered on the pollbooks as the number on the 
stub, the judge shall receive the ballot and remove the stub in sight of 
the elector, depositing each ballot in the ballot box and eacli stub in a box 
for detached ballot stubs. 

(7) Any elector who spoils his ballot may, on returning the spoiled 
ballot, receive another in place of it. 

History: En. Sec. 106, Ch. 368, L. 1969; imme of any otlier candidate did not con- 

amd. Sec. 31, Ch. 365, L. 1977. form to the requirements of this section. 

State ex rel. Browne v. District Court, 

Amendments _ M — , 539 P 2d 1182. 

The 1977 fimendment added tlie last Stickers pasted onto the regular ballot, 

sentence to subsection (4) ; and made ])eariug the name of the write-in candi- 

minor changes in phraseology, punctuation date and having a small printed x in the 

and style. box inside the name were not valid votes 



Write-in Votes 



because the voters had failed to mark the 
ballots as required by law. State ex rel. 



Ballots containing the name of a candi- Brov/ne v. District Court, — M — , 539 P 
date written in by liand l)ut having no x 2d 1182. 
in front of the name or in front of the 

23-3607. No person except election judge to put ballot or other object 
in a ballot box. No person except an election judge may put a ballot, any 
I)aper resembling a ballot, or anything other than a ballot in a ballot box. 

History: En. Sec. 107, Ch. 368, L. 1969; two sentences reading "A person violating 
amd. Sec. 42, Ch. 334, L. 1977. this section is guilty of a misdemeanor. 

An election judge who knowingly permits 

Amendments jj violntion of this act is guilty of a 

The 1977 amendment substituted "may" felony." 
for "shall"; and deleted the former last 

121 



23-3610 ELECTIONS 

23-3610. Marking precinct register book before elector votes — pro- 
cedure. (1) The election jndgos 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 tlie 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 electors who shall make an affidavit before one or more 
of the election judges 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 of the judges shall write 
the elector's name, noting the fact of his inability to sign, and the names 
of the two electors. 

(5) If the elector fails or refuses to sign his name and if unable to write 
fails to procure two electors who will take the oath required, he may not 
vote. 

(6) 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. 36S, L. 1969; canvass of the returns, the election judges 

rmd. Sec. 3, Ch. 254, L. 1971; amd. Sec. shall deliver to the registrar the official 

32, Ch. 365, L. 1977. register, sealed, with the election returns 

and pollbook which have been used for 

Amendments the election"; redesignated former subsec- 

The 1971 amendment inserted "primary" tion (7) as subsection (6); and made 

in subsection (1). minor changes in phraseology, punctuation 

The 1977 amendment deleted subsection and style. 
(6) which read: "Immediately after the 

23-3611. Grounds of challenge. A person offering to vote may be 
orally challenged by any elector of the county, upon the following grounds : 

(1) that he is not the person whose name appears on the register or 
checklist; 

(2) that he is of unsound mind, as determined by a court ; 

(3) that he has voted before in that election; 

(4) that he has been convicted of a felony and is serving a sentence in 
a penal institution. 

History: En. Sec. Ill, Ch. 368, L. 1969; day"; and substituted "is serving a sen- 
amd. Sec. 33, Ch. 365, L. 1977. tence in a penal institution" at the end 

of subdivision (4) for "has not been par- 
Amendments donod"; and made minor changes in stvle. 



Tiie 1977 amendment substituted suli- 
division (2) for "That he has been adjudi- 



Cross-References 



cated insane or is confined to a state in- Challenges at nominating elections, sec. 

stitutioii"; substituted "in that election" 23-4746. 
at the end of subdivision (3) for "that 

23-3612. Proceedings pursuant to challenges — oaths. (1) If the chal- 
lenge is on the ground that the person is not the person whose name appears 
on the official register, the election judges shall administer the following 
oath: "You do swear (or affirm) that you are the person whose name is 
entered on the official register and precinct list." 

122 



ABSENTEE VOTING AND REGISTRATION 23-3701 

(2) If the challen<]:e is on the ground that the person lias voted before 
in that election, the judges shall administer this oath : "You do swear (or 
affirm) that you have not voted before in this election." 

(3) If the challenge is on the ground that the person has been convicted 
of a felony and is serving a sentence in a penal institution, the judges shall 
administer the following oath: "You do swear (or affirm) cither that you 
have not been convicted of a felony or that, if you have been convicted 
of a felony, you are not serving a sentence in a penal institution." 

History: En. Sec. 112, Ch. 368, L. 1969; "before voted this day"; in.serted "and is 

amd. Sec. 34, Ch. 365, L. 1977. serving a sentcnc-e in 'a penal institution" 

in subsection (3); inserted "or tliat, if you 

Amendments lu.ve been convicted of a felony, you arc 

The 1977 amendment sul)stituteil "in not serving a sentence in a penal institu- 

that election" in subsection (2) for "tluit tion" in the oatli in subsection (3); and 

day"; substituted "voted before in tliis mii.le minor changes in phraseology. 

election" in the oath in subsection (2) for 

23-3813. Determination of challeng-es. (1) Challenges on tlie grounds 
that the person is not the person whose name appears o]i the official register 
or that the person has before voted tliat day arc determined in favor of the 
person challenged by his taking the oath tendered. 

(2) A challenge that the person has been convicted of a felony and 
not pardoned must be determined in favor of the challenged on his taking 
the oath tendered. 

History: En. Sec. 113, Ch. 368, L. 1969; .iad-2;es. (b) If the pardon is found .suffi- 

amd. Sec. 35, Ch. 365, L. 1977. cient, the election judges shall administer 

this oath: 'You do swear (or affirm) that 
Amendments yon have not been convicted of any felony 
The 1977 amendment deleted "unless the other than that for which a pardon is now 
conviction is proved by pioduiing an exhibited.' (c) After taking the oath, the 
authenticated copy of the record, or l^y person must be allowed to vote if other- 
oral testimony of two (2) witnesses, (a) wise qiialiheu, unless a conviction of some 
If a person convicted of a felony states other ieloay is proved" at the end uf sub- 
he was pardoned, he must exhiliit his section (2). 
pardon or certified copy to the ehetion 

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. 

23-3708. Disposition of marked ballot upon receipt by registrar or clerk. 

23-3709. Delivery of ballots to election judges — ballots to be rejected — ballots not to 
count. 

23-3711. Duty of election judges — pollbooks and numbering ballots. 

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. 

23-3715. Opening of envelopes after deposit. 

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. 

123 



23-3703 ELECTIONS 

Compiler's Notes to in the text, were repealed by Sec. 2, 

Sections 23-3722 and 23-3723, referred ^h. 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 v^ho 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, K 1975. The 1975 amendment increased the time 

period from 45 days to 75 days; and made 
a minor change in phraseology. 

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 (i/4) inch wide, 
extending from one side of the envelope to the other, with an intervening 
space of one-quarter (14) 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- 

124 



ABSENTEE VOTING AND REGISTRATION 23-3709 

mg 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. 

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 "aflidavit" in subsection 

Amendments (o^,. j^j^j 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 suljseetion (3). 

23-3707. Marking and affirming to ballot by elector. (1) The elector 
shall complete the aftirmation at tlie 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 tlie 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 oannot 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" in subsection (3); deleted "in the 

The 1975 amendment substituted "aflir- 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" 

23-3708. Disposition of marked ballot upon receipt by registrar or clerk. 
(1) Upon receipt of the envelope, the registrar, city clerk, or clerk of a 
first class school district shall immediately enclose it in a larger envelope, 
together with the elector's application, and seal the larger envelope. 

(2) Tlie registrar, city clerk, or clerk of a first cla^s school district 

sliall safely keep it in his office until delivered or mailed by him. 

History: En. Sec. 126, Ch. 368, L. 1969; larger envelope" at the end of sul)sec1ion 
amd. Sec. 36, Ch. 365, L. 1977. (1) for "it"; and made a minor tliange in 

punctuation. 
Amendments 

The 1977 amendment substituted "the 

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- 

125 



23-3711 ELECTIONS 

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 

Amendments or ^erk if the judges 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- 

23-3711. Duty of election judges — pollbooks and numbering ballots. 

(1) The election judges, at the opening of tlie polls, shall note on the poll- 
books opposite the numbers corresponding to the number of absentee ballots 
issued the fact that the ballots were issued and reserve the numbers for 
the absent or physically incapacitated voters. The notation may be made 
by writing the words "absent or physically incapacitated voters" opposite 
the numbers. 

(2) The election judges shall insert only the name of the elector en- 
titled to each particular number according to tlie certificate of the registrar 
or citj^ clerk and the number of his ballot. 

History: En. Sec. 129, Ch. 388, L. 1969; niid ciiaor.s('d by the words, 'rejected ab- 

amd. Sec. 37, Ch. 385, L. 1977. sentee ballots,' numbered . . ., and shall 

put on it the number of the absentee bal- 

Amendments jg^g given according to the registrar's or 

Tlie 1977 amendment deleted subsection city clerk's certificates, (b) There shall be 

(3) wliich read "Any nbf^entee l^allots a separate enclosing envelope for the ab- 

which have been rejected shall be placed sentee ballots rejected, and the envelopes 

with the voter's application and the ab- shall be placed in an envelope togetlier 

sent or physically incapacitated voter's with other ballots, and shall not be opened 

envelope funiislied by the registrar or city without a court order"; and made a minor 

clerk, (n) This envelope shall be sealed change in phraseology. 

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 

126 



ABSENTEE VOTING AND REGISTRATION 23-3713 

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 tlie 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 them or permitting them to be 
examined, ascertain whether the stubs are still attached and wliether the 
numbers correspond to the numbers in the certificate of the registrar or 
city clerk. 

(3) If so, they shall endorse the ballots the same way that other ballots 
are endorsed, detach the stubs, deposit the ballots in the proper ballot boxes, 
and make entries in tlieir election records to show the elector has Aoted. 

(4) If the affirmation is found defective, the numbers do not cor- 
respond, 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, 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 cor- 
respond 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 statem.ent shall be dated and signed by a 
majority of the election judges. 

(7) The rejected ballots, togetlier witli tlie 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. 

(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. ... on the 
envelope. 

(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. 

127 



23-3715 ELECTIONS 

History: En. Sec. 131, Ch. 368, L. 1969; Tlie 1977 amendment deleted "or re- 

amd. Sec. 5, Ch. 287, L. 1975; amd. Sec. jected" after "voted" in subsection (5); 

38, Ch. 365, L. 1977. deleted "that are rejected" at tlie end of 

subsection (8); deleted "in the certificate" 

Amendments before "on the envelope" at the end of 

The 1975 amendment substituted refer- subsection (9); and made minor chnnges 

ences to "the affirmation" for references in phraseology and punctuation. 

to "the affidavit" in subsections (1), (2) 

and (4). 

23-3715. Opening of envelopes after deposit. If an envelope contain- 
ing an absentee ballot lias been deposited unopened in the ballot box and 
the envelope has not been marked rejected, the envelope shall be opened 
Avithout a court order and the ballot cast. 

History: En. Sec. 133, Ch. 368, L. 1969; Amendments 

amd. Sec. 39, Ch. 365, L. 1977. The 1977 amendment inserted "and tlie 

envelope has not been marked rejected." 

23-3717. Repealed. 

Repeal false affirmations and official misconduct, 

Section 23-3717 (Sec. 135, Ch. 368, L. was repealed by Sec. 49, Ch. 334, Laws 
l!t69; Sec. 6, Ch. 287, L. 1975), relating to 1977. 

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 w^hen 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 
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. 

128 



ABSENTEE VOTING AND REGISTRATION 23-3724 

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 ^j^j^ ^^ voters absent from the county. 

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- 
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. 

129 



23-3801 ELECTIONS 

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 

23-3801, Voting machines — secretary of state. 

23-3804. Preparation of machines for use. 

23-3807. Registrar to instruct election judges. 

23-3812. Assistance to illiterate, blind, or physically disabled voters. 

23-3822. General election laws to apply. 

23-3801. Voting machines — secretary of state. (1) Before anj^ voting 
niaeliine can be used, the secretary of state shall: 

(a) examine the machine to determine if it complies with the require- 
ments of 23-3801 through 23-3819 and 23-3822 ; 

(b) within 30 days after examining a machine, file a report in his office 
on each machine examined ; 

(c) within 5 days after filing the report, transmit to the commissioners, 
city council, or otlier board having control of elections in each county or 
city a list of the macliines approved. 

(2) A machine shall not be used unless approved by the secretary of 
state 60 days or more prior to the election. 

(3) The secretary of state may employ and compensate qualified me- 
chanics who are electors to assist him in duties required by this chapter. 

(4) The person or company submitting a machine for examination 

before the filing of the report shall pay the compensation and expenses 

of mechanics connected with the examination to the secretary of state for 

deposit in the state general fund. 

History: En. Sec. 142, Ch. 363, L. 1969; 3801 through 23-3819 and 23-3822" in sub- 
r.md. Sec. 40, Cll. 365, L. 1977. division (l)(a) for "23-3801 through 23- 

3822"; and made minor changes in phrase- 
Amendments ology, punctuation and style. 



The 1977 amendment substituted 



uoo 



23-3804. Preparation of macliines for use. (1) The registrar or city 
clerk shall put the proper ballots upon each voting machine corresponding 
with the sample ballots. The registrars or city clerks shall also : 

(a) Set, adjust, and put the machines in order; 

(b) Deliver the machines to the precincts together with necessary 
furniture and appliances; 

(c) Place a shield painted black and marked "not in use" over the 
keys or levers not in use on the voting machine. 

(2) In primary elections a separate rov/ or column shall be assigned to 
each political party and at least 1 row shall separate the rows assigned to 
the 2 m.ajor political parties. This row shall be used for the nonpartisan 
judicial ballot. Th.e placement of the nonpartisan judicial ballot shall be 
such that the ballot of eacli political party appears in an unbroken row or 
column. 

130 



VOTING MACHINES 23-3821 

(o) 111 genera] eler-tions the ballot shall be arranged and the names 
of the candidates rotated to conform as nearly as possible to the require- 
ments for paper ballots. 

(4) Candidates of the 2 major parties shall be rotated between the 
first 2 horizontal rows or vertical columns, and candidates of minor parties 
and independent candidates shall be rotated between sueeeeding rows or 
columns. 

(5) The party designation of each candidate shall appear below his 
name in type as large as machine design will allow. 

(6) The judicial ballot shall appear in the first 2 horizontal or vertical 
rows or columns as prescribed by section 23-3513. 

(7) The election judges shall compare the ballots on the machine 
with sample ballots, ensure that all counters are set at zero and the 
machine is in order. They shall not thereafter permit the machine to 
be operated or moved except by electors voting. They shall also see that 
arrangements are made for voting write-in ballots on the machine, if the 
machine is so arranged. 

History: En. Sec. 145. Ch. 368, L. 19G9; Amendments 

amd. Sec. 1, Ch. 116, L. 1977. 'I'lic 11)77 amendment adiled the second 

sentence of subsection (2); and made 
minor changes in pliraseology and style. 

23-3807. Registrar to instruct election judges. (1) Before each elec- 
tion, the registrar shall insirnct all election judges in the use of the 
machine and their duties. He shall give to each election judge who has 
received instruction and is fully qualified to conduct the election with the 
machine a certificate to that effect. 

(2) The registrar shall call meetings of the election judges as necessary 
for instruction. Election judges shall attend meetings as necessary to re- 
ceive the proper instructions. 

(3) An election judge may not serve if voting machines are used unless 
he has received instruction, is fully qualified to perform duties in con- 
nection Avith the machine, and has received a certificate to that effect 
from the registrar. However, this section does not prevent an emergency 
appointment of an election judge. 

History: En. Sec. 148, Ch. 368, L. 1969; istr.ir" at the end of the first sentence of 
amd. Sec. 41, Ch. 365, L. 1977. subsection (."i) for "custodian"; and made 

minor changes in phraseology and punc- 
Amendments t nation. 

The 1977 amendment substituted "rcg- 

23-3812. Ass'stance to illiterate, blind, or physically disabled voters. A 

voter wdio declares he is unable to vote becau:-5e he cannot road or vrrite, is 

blind, or phj'sically disabled shall be assisted as provided in 23-3609. 

History: En. Sec. 153, Ch. 3S8, L. 1969; sulisection (2) reading "A person who de- 
r.md. Sec. 43, Ch. 334, L. 1977. ceives an elector voting under this section 

shnl] he punished as provided in section 
Amendments 2:^4707, K. C. M. 1947"; and made a minor 

The 1977 amendment deleted a former change in style. 



23-3820, 23-3821. Repealed 

Repeal 

Sections 23-3.S20. 23-3821 (Sees 
Ch. .T6S, L. 1969), relating to tanipcrin.^ 



Repeal with voting machines, were repealed by 

Sections 23-3.S20. 23-3821 (Sees. Kil, ](i2. See. 49, Ch. 334, Laws 1977. 



131 



23-3822 ELECTIONS 

23-3822. General election laws to apply. All laws applicable to elec- 
tions Avliere voting is not done by macliine and all penalties prescribed for 
violations of those laws apply to elections and precincts where votin*? 
machines are nsod if they are not in conflict with the provisions of 23-3801 
thronj^h 23-3819. 

History: En. Sec. 163, Ch. 368, L. 1969; Amendments 

amd. Sec. 44, Ch. 334, L. 1977; amd. Sec. Chapter 334, Laws of 1977, substihitcd 

42, Ch. 365, L. 1977. "23-3801 through 2:1-3819" at the end of 

_ •, , T.T 1 the sect'on for "sections 23-3801 tliroutrli 

Compilers Notes ^_ 23-3821"; and made minor changes in 

Tliis section \v;is ;unendcd twice in 1077, punctuation, 

once by Ch. 334 and once by Ch. 36.1. Chapter 365, Laws of 1977, m:\i\e the 

Since the ampndnients do not anpenr to smiic changes as chapter 334. 
conflict, the code commissioner has made a 
composite section embodying tlic chuiiges 
m;ide by botli amendments. 

CHAPTER 39 

ELECTRONIC VOTING SYSTEMS 

Section 

23-3905, Procedure upon closing polls. 

23-3905. Procedure upon closing polls. (1) In precincts where an 
electronic voting system is used, as soon as the polls are closed, the election 
judges shall secure the marking devices against further voting. They shall 
thereafter open the ballot box and count the number of ballots or envelopes 
containing ballots that have been cast to determine that the number of 
ballots does not exceed the number of voters shown on the poll or registry 
lists. If there is an excess, this fact shall be reported in writing to the 
appropriate election oflScer in charge with the reasons therefor, if known. 
The total number of voters shall be entered on the tally sheets. The election 
judges shall thereupon count the write-in votes and prepare a return of 
such votes on forms provided for this purpose. If ballot cards are used, 
all ballots on which write-in votes have been recorded shall be serially 
numbered, starting with the number one, and the same number shall be 
placed on the ballot card of the voter. The election judges shall compare 
the write-in votes with the votes cast on the ballot card, and if the total 
number of votes for any office exceeds the number allowed by law, a nota- 
tion to that effect shall be entered on the back of the ballot card and it shall 
be returned to the counting location in an envelope marked "defective 
ballots". Such invalid votes may not be counted. So far as applicable, pro- 
visions relating to defective paper ballots shall apply. 

(2) The election judges shall place all ballots that have been cast in the 
container provided for that purjiose, which shall be scaled and delivered 
immediately by the election judges to the counting location or other 
designated place, together with the unused, void, and defective ballots and 
returns. 

(3) All proceedings at the counting location shall be under the direc- 
tion of the registrar or city clerk under the observation of at least three 
election judges designated by the comniissioners or city council and shall 
be open to the public, but no persons except those employed aiul autliorized 
for the purpose nuiy touch any ballot, ballot container, or return. If any 
ballot is damaged or defective so tliat it cannot properly be counted by 

132 



CANVASS OF VOTES — RETURNS AND CERTIFICATES 23-4011 

tlie automatic tabulating equipment, a true duplicate copy shall be made 
of the damaged ballot in the presence of witnesses and substituted for the 
damaged ballot. Likewise, a duplicate ballot shall be made of a defective 
ballot which may not include the invalid votes. All duplicate ballots shall be 
clearly labeled "duplicate", shall bear a serial number which shall be re- 
corded on the damaged or defective ballot, and shall be counted in lieu 
of the damaged or defective ballot. 

(4) The return printed by the automatic tabulating equipment, to 
which has been added the return of write-in and absentee votes, shall con- 
stitute the official return of each precinct or election district. Upon com- 
pletion of the count the returns shall be open to the public. 

History: En. Sec. 168, Ch. 368, L. 1969; tion judges" in the .seveiitli senfoncc of 
amd. Se3. 43, Ch. 365, L. 1977. subsccfion (1) for "iiispe'^tors o- other iip- 

proiiriate precinct elcetjon onfic-iiils"; Jind 
Amendments made minor cluingcs in phraseology and 

The 1977 amendment substituted "clec- punctuation. 

CHAPTER 40 

CANVASS OF VOTES— EETURNS AND CERTIFICATES 

Section 

23-4007. Disposition of items by registrar, 

23-4011. County canvass to be public — nonessentials to be disregarded. 

23-4013. Declaration of persons elected. 

23-4014. Certificates issued by the clerk. 

23-4015. State returns, how made and transmitted. 

23-4016. Composition and meeting of board of state canvassers. 

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. 

(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 phraseology. 
Amendments 

The 1974 amendment inserted "in an ap- 

23-4011. County canvass to be public — nonessentials to be disregarded. 

(1) The ciinvass shall be i)ubli('. It sluill proceed by opeiiiii:.: the retmiis, 
determining the vote for each person and each proposition from eaeh j)re- 
cinct, and declaring the results. 

(2) The returns shall not be rejected because of failure lo show who 

133 



23-4013 ELECTIONS 

administered tlic oath to the election judges or dorks, because of failure to 
complete all the certificates in the pollbooks. or because of failure of any 
other act making up the returns that is not essential to detci-iMine for 
whom tlie votes were cast. 

History: En. Sez. 181, Ch. 368, L. 1969; cjui.sc of faiiurc to" :jftcr "rejected" in 
amd. Sec. 44, Ch. 365, L. 1977. suhscctioji (2) for "if tliey do 7iot"; in 

scrtod "l)ei';iii.so of" after "(^(Mks" and 
Amendments "y,.-. j,j Hubsection (2); and made niiiiur 

The ]977 ainendinent sulistitnted "he- ciian<;es in pliraHeology and [iiiact ualiou. 

23-4013. Declaration of persons elected. (1) The board shall declare 
elected the persons having the highest number of votes given for each 
county and district office voted for in only one county, other than a 
legislator or a judge of the district court and each precinct office. 

(2) If a recount shows that two or more persons received an equal 
and sufficient number of votes for the office of state senator or state repre- 
sentative, the county recount board shall certify this to the governor. 

History: En. Sec. 183, Ch. 368, L. 1969; county, otlier tlian a legislator or a judge 
amd. Sec. 45, Ch. 365, L. 1977. of the district court and each precinct 

office" at the end of subsection (1) for 
Amendments "office to be filled in a single county or 

The 1977 amendment substituted "conn- subdivision of a county"; and made a 
ty and district office voted for in only one minor change in style. 

23-4014. Certificates issued by the clerk. (1) The clerk shall imme- 
diately deliver to each person declared elected by the board a certificate 
of election signed by him and authenticated with the seal of the board. 

(2) The certificate shall state that the official bond must be filed within 
30 days after notice of election or appointment and that failure to file 
the bond vacates the office. 

History: En. Sec. 184, Ch. 368, L. 1969; be issued to persons elected district 
amd. Sec. 46, Ch. 365, L. 1977. judge"; and made a minor change in 



Amendments 

The 1977 amendment substituted "de- 



style. 
Cross-Reference 



Glared elected by the board" in subsection County clerk to issue certificate of elec- 

(1) for "elected"; deleted a subsection tion, sec. 16-1157. 
(3) which read "This certificate shall not 

23-4015. State returns, how made and transmitted. (1) After a 
general or special election, the clerk shall make an abstract of the vote for 
congressional offices, state or district offices voted for in more than one 
county, members of the legislature, and judges of the district court. 

(2) The clerk shall seal the abstract, endorse it "Election Returns", 

and immediately send it to the secretary of state by certified or registered 

mail. 

History: En. Sec. 185, Ch. 368, L. 1969; district court" at the end of subsection 

amd. Sec. 47, Ch. 365, L. 1977. (1) for "members of the legislative as- 
sembly, for otificers elected in the state at 

Amendments large, and for judicial officers other than 

The 1977 amendment substituted "con- justices of the peace"; inserted "certified 

gressional offices, state or district offices or" before "registered mail" at the end 

voted for in more than one county, mem- of subsection (2); and made a minor 

bers of the legislature, and judges of the change in punctuation. 

23-4016. Composition and meeting of board of state canvassers. With- 
in 20 days after the election or sooner if the returns are all received, the 

134 



RECOUNTS 23-4103 

state auditor, superintendent of public instruction, and attorney general 

shall meet as a board of state canvassers in the office of the secretary of state 

and determine the vote. The secretary of state, who is secretary of the 

board, shall make out and file in his office a statement of the canvass and 

transmit a copy to the governor. 

History: En. Sec. 186, Ch. 368, L. 1969; made minor changes in punctuation and 
amd. Ssc. 21, Ch. 365, L. 1977. style. 

Amendments Cross-References 

The 1977 amendment substituted "super- Board transferred to office of secretary 

intendent of public instruction" in tJie of state, sec. 82A-2102. 
first sentence for "state treasurer"; and 

CHAPTER 41 

BECOTJNTS 

Section 

23-4103. Conditions under which recount to be made. 
23-4117. Procedure after recount. 

23-4121. Procedure upon tie vote for state exocutive officers — county officers otlu>r than 
county commissioner — commissioners. 

23-4103. Conditions under v/hich recount to be made. A recount shall 
be made under any of the following conditions : 

(1) If a candidate for a count}' or district office voted for in only one 
county, other than a legislator or a judge of the district court, or a precinct 
office is defeated by a margin not exceeding i/4 of 1% of the total votes 
cast or by a margin not exceeding 10 votes, whichever is greater, he may 
within 5 days after the official canvass file with the registrar a verified 
petition stating he believes a recount will change the result and a recount 
of the votes for the office or nomination should be had. 

(2) If a candidate for a congressional office, a stale or district office 
voted on in more than one county, the legislature, or judge of the district 
court is defeated by a margin not exceeding i/4 of 1% of the total votes cast 
for all candidates for the same position, he may within 5 days after the 
official canvass file a petition with the secretary of state as set forth in 
subsection (1). The secretary of state shall immediately notify each regis- 
trar whose county includes any precincts which voted for the same office 
by certified or registered mail, and a recount shall be conducted in tliose 
precincts. 

(3) If a question submitted to the vote of the people of the state is 
decided by a margin not exceeding 1/4 of 1% of the total votes cast for and 
against the question, a petition as set forth in subsection (1) may be filed 
with the secretary of state. This petition shall be signed by not less than 
100 electors of the state representing at least five counties of the state 
and be filed within 5 days after the official canvass. 

(4) The secretary of state shall immediately notify each registrar bj' 
certified or registered mail of the filing of the petition, and a recount shall 
be conducted in all precincts in each county. 

(5) If there is a tie vote, the board making tlie canvass shall certify 
the vote : 

(a) to the registrar, if the election was for a county or district office 
voted on in only one county, other than a legislator or a judge of tlie district 
court, or a precinct office or a ballot'issue voted ou in only one county; 

135 



23-4117 



ELECTIONS 



(b) to the secretary of state, if the election was for a congressional 
office, a state or district office voted on in more than one county, the legis- 
lature, or judge of the district court or a ballot issue voted on in more 
than one county. 

(6) When a tie has been certified to the registrar or secretary of state, 
as provided in srbection (5), he shall proceed as if a petition for a recount 
has been filed. If a tie exists after the recount, tlie tie shall be resolved as 
provided by law. 



History: En. Sec. 192, Ch. 368, L. 1969; 
amd. Sec. 48, Ch. 365, L. 1977. 

Amendments 

The 1977 amendment substituted "for a 
county or district office voted for in only 
one county, other than a legislator or a 
judge of the district court, or a precinct 
office" in subsection (1) for "other than 
for the office of district judge"; substi- 
tuted "for a congressional office, a state 
or district office voted on in more than 
one couuty, the legislature, or judge of 
the district court is defeated" in subsec- 
tion (2) for "is defeated for the office of 
district judge or an office voted on in more 
than one (1) county"; redesignated for- 



mer subdivision (3)(b) as subsection (4); 
inserted "certified or" before "registered 
mail" in two places; substituted subsec- 
tions (5) and (6) for former subsection 
(4) which read: "If there is a tie vote, 
the board making the canvass shall cer- 
tify the vote to the registrar if the elec- 
tion took place only in one county and to 
the secretary of state for other elections. 
The registrar or secretary of state shall 
proceed as if a petition for recount had 
been filed under this act. If a tie exists 
after the recount, the tie shall be resolved 
as provided by law"; and made minor 
changes in phraseology, punctuation and 
style. 



23-4117. Procedure after recount. (1) Immediately after the re- 
count the county recount board shall certify'- the result. 

(2) At least two members of the board shall sign the certificate, and 
it shall be attested to under seal by the registrar. 

(3) The certificate shall set forth in substance the proceedings of the 
board and appearance of any candidates or representatives, and it shall 
adequately designate each precinct recounted, the vote of each precinct 
according to the official canvass previously made, the nomination, position, 
or question involved, and the correct vote of each precinct as determined by 
the recount. 

(4) When the certificate relates to a recount for a congressional office, 
a state or district office voted on in more than one county, a legislative 
office, or an office of judge of the district court or a ballot issue voted on 
in more than one county, the certificate shall be made in duplicate. One 
copy shall be transmitted immediately to the secretary of state by certified 
or registered maiL 

(5) (a) If the recount relates to a county or district office voted for 
in only one county, other than a legislator or a judge of the district court, 
or a precinct office or a ballot issue voted on in only one county, the county 
recount board shall immediately recanvass the returns as corrected by the 
certificate showing the result of the recount and make a corrected abstract 
of the votes. 

(b) If the corrected abstract shows no change in the result, no further 
action need be taken. 

(c) If there is a change in the result, a new certificate of election or 
nomination shall be issued to each candidate found to be elected or 
nominated. 



136 



CONTESTS OF BOND ELECTIONS 



23-4201 



History: En. Sec. 206, Ch. 368, L. 1969; 
amd. Sec. 49, Ch. 365, L. 1977. 

Amendments 

The 1977 amendment substitnted "a con- 
gressional office, a state or district oi^icc 
voted on in more than one county, a leg- 
islative office, or an office of judge of the 
district court or a ballot issue voted on in 
more than one county" in subsection (4) 
for "an office, nomination, position, or 
question voted upon in more than one 
county or for judge of the district court"; 



inserted "certified or" before "registered 
mail" at the end of subsection (4); sub- 
stituted "a county or district office voted 
for in only one county, other than a leg- 
islator or a judge of the district court, or 
a precinct office or a ballot issue voted on 
in only one county" in subsection (5) (a) 
for "an office, nomination, position, or 
question voted upon in only one county, 
or part of a single county"; substituted 
"need" in subsection (5)(b) for "shall"; 
and made minor changes in phraseology, 
punctuation and style. 



23-4121. Procedure upon tie vote for state executive ofl&cers — county 
ofl&cers other than county commissioner — commissioners, (1) If there is 
a tie vote for governor and lieutenant governor, secretary of state, attorney 
general, state auditor, clerk of the supreme court, superintendent of public 
instruction, or any otlier state executive officer, the legislature, at its next 
regular session, shall elect a person to fill the office by joint ballot of the 
two houses. 

(2) If there is a tie vote for clerk of the district court, county attorney, 
or any county officer, except county commissioner, the commissioners shall 
appoint an eligible person as in case of other vacancies in the office. 

(3) If there is a tie vote for commissioner, the senior district judge 
shall appoint an eligible person to fill the office as in other cases of vacancy. 

(4) If there is a tie vote for state officers, the secretary of state shall 
transmit a certified copy of the statement to the legislature showing the 
votes cast for the two or more persons having an equal and the highest 
number of votes. 



History: En. Sec. 210, Ch. 368, L. 1969; 
amd. Sec. 50, Ch. 365, L. 1977. 



Amendments 

Tlie 1977 amendmtMit 



deleted "state 



treasurer" after "state auditor" in subsec- 
tion (1); deleted "or for a township offi- 
cer" after "commissioner" in subsection 
(2); and made minor changes in phrase- 
ology, punctuation and style. 



Section 

23-4201. 



CHAPTER 42 

CONTESTS OF BOND ELECTIONS 
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; 



137 



23-4401 ELECTIONS 

(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) aud (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 44 

MEMBERS OF CONGRESS— ELECTIONS AND VACANCIES 

Section 

23-4401. Election of United States senators and representatives. 

^3-4402. Vacancy in office of United States senator. 

23-4405. Vacancy in the office of United States representative. 

23-4401. Election of United States senators and representatives. (1) 

United States senators and representatives shall be elected at the general 
election preceding commencement of the term to be filled. 

(2) Nominations and elections shall be as provided by law for governor. 

IIis-:ory: En. Ssc. 221, Ch. 368, L. 1969; tive, an election to fill the vacancy shall 
amd. Sec. 51, Ch. 365, L. 1977. be held at the next general election. If 

an election is invalid or not held at that 

Amendments ^''"^' V-^ election shall be at the second 

succeeding general election ; and redesig- 

The 1977 amendment deleted a subsec- nated former subsection (3) as subsection 
tion (2) which read "If a vacancy occu'vs (2). 
for senator, or United States rcprcsenta- 

23-4402. Vacancy in office of United States senator. (1) If a vacancy 
occurs in the office of United States senator, an election to fill the vacancy 
shall be held at the next general election. If the election is invalid or not 
held at that time, the election to fill the vacancy shall be held at tlie next 
succeeding general election. 

(2) The governor may make a temporary appointment to fill the 

vacancy until the election. 

History: En. Sec. 222, Ch. 388, L. 1969; election to fill the vacancy shall be licld 

amd. Sec. 52, Ch. 365, L. 1977. a.t the next general election" in subsection 

(1) for "the governor shall issue a writ 

Amendments ot' election to fill the vacancy"; added the 

The 1977 amendment deleted "or repre- second sentence to subsection (I); and 

sentative" after "senator" in tlie first sen- made minor changes in style, 
tence of subsection (1); substituted "an 

23-4404. Repealed. 

Repeal „f congressmen, was repealed bv Sec. 7(3, 

Section 23-4404 (Sec. 224, Ch. 3tiS, L. Cli. 365, Laws 1977. 
1969), relating to residence requirements 

23-4405. Vacancy in the office of United States representative. (1) 
AVhenever a vacancy occurs in the office of United States representative, tlie 
governor shall immediately issue a writ of election to fill the vacancy. 

138 



NOMINATIONS AND ELECTION OF JUDGES 23-4511 

(2) The election to till the varaiu-y shall be licld within 3 montlis 

from the time tlic vacancy occurs. 

History: En. 23-4405 by Sec. 53, Cli, 
365, L. 1977. 

CHAPTER 45 
NONPAETISAN 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. 

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? 

n YES 

D NO 

(Mark an "x" before the word "YES" if you wish the justice to remain 

in office. Mark an "x" before the word "NO" if you do not wish the justice 

to remain in office.) 

History: En. Sec. 1, Ch. 22, L. 1973. court justices and district court judges on 

the ballot in uncontested elections to corn- 
Title of Act ply with article 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 ? 

n YES 

D NO 

(Mark an "x" before the word "YES" if you wish the judge to remain 
in office. Mark an "x" before the word "NO" if you do not wish the judge 
to remain in office.) 
History: En. Sec. 2, Ch. 22, L. 1973. 



23-4511. Repealed. 

Repeal 

Section 23-4511 (Se 
1009), relating to political party ciHlorsc- 



Repeal mcnts of judicial candidates, w.is repealed 

Section 23-4511 (Sec. 235, Ch. 368, L. I)y Sec. 49, Ch. 334, Laws 1977. 

139 



ELECTIONS 

CHAPTER 47 
ELECTION FRAUDS AND OFFENSES— CORRUPT PRACTICES ACT 

Section 

23-4737. Payments in name of undisclosed principal. 

23-4744. Contributions from corporations, pubHc utilities and others. 

23-4746. Challenging voters — procedure. 

23-4757. Forfeiture of nomination or office for violation of law, when not worked. 
23-475S. Punishment. 

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. 

23-4766. Contents of contest petition — amendment — bond — costs — citation — prece- 
dence. 

23-4767. Hearing of contest. 

23-4770. Advancement of cases — dismissal — privileges of witnesses. 

23-4771. Form of complaint. 

23-4776. Statement of purpose. 

23-4777. Definitions, 

23-4778, Reports of contributions and expenditures required. 

23-4779. What reports must disclose. 

23-4780. Reports must be certified as true and correct. 

23-4781. Campaign treasurer and campaign depository — exception for certain school 
districts. 

23-4782, Deposit of contributions — statement of campaign treasurer. 

23-4783. Treasurer to keep records — inspections. 

23-4784. Petty cash funds allowed. 

23-4785. Creation of office. 

23-4786. Powers and duties of the commissioner. 

23-4787. Inspection of statements and issuance of orders of noncompliance. 

23-4788. Consultation and cooperation with 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. 

23-4794, Secretary of state to furnish copies of certain election laws to appropriate 
officials. 

23-4795. Limitation on contributions. 

23-4796. Commissioner of campaign finances and practices. 

23-47-101. Election code not to supersede criminal code — statute of limitations, 

23-47-102. Trivial benefits not covered by criminal provisions. 

23-47-103. Violations as misdemeanor. 

23-47-104. Attempt as violation. 

23-47-105. Aiding and abetting. 

23-47-106. Ineligibility to hold office because of conviction. 

23-47-107. Voiding election. 

23-47-108. Powers of district court. 

23-47-109. Electors and ballots. 

23-47-110. Conduct of officers and clerks of election. 

23-47-111. Interference with officials. 

23-47-112. Official misconduct. 

23-47-113. Tampering with election records and information. 

23-47-114. Injury to election equipment, materials, and re'cords. 

23-47-115. Deceptive election practices. 

23-47-116. Deceiving an elector. 

23-47-117. Fraudulent registration. 

23-47-118. Limits on voting rights. 

23-47-119. Electioneering. 

23-47-120. Betting on elections. 

23-47-121. Preventing public meetings of electors. 

23-47-122. Illegal influence of voters. 

23-47-123. Illegal consideration for voting. 

23-47-124. Illegal assistance to naturalized citizens. 

23-47-125. Officers and clerks not to influence voter. 

23-47-126. Coercion or undue influence of voters. 



140 



ELECTION FRAUDS AND OFFENSES 



23-4731 



23-47-127. 
23-47-12S. 
23-47-129. 
23-47-130. 



23-47 
23-47 
23-47 
23-47 
23-47 
23-47 
23-47 
23-47 
23-47 



-131. 
-132. 
-]33. 
-134. 
-135. 

136. 

137. 

138. 

139. 



Demands and requests of candidates. 
Bribing members of political gatherings. 
Improper nominations. 

Providing money for bribery or corrupt practices. 
Illegal contributions. 

Publications in newspajters and periodicals. 
Election materials not to bo anonymous. 
L'nla\vful acts of employers and employees. 
Prohibition of salarj- increase contribution. 
Proceedings against corporations. 
Transfer of convention credential. 

Unlawful for political party to endorse judicial candidate. 

Prohibition on certain public officers from acting as delegates or members of 
political committees. 



23-4701 to 23-4721. (10747 to 10767) Repealed. 



Repeal 

Sections 23-4701 to 23-4721 (Sees. 60 to 
80, Pen. C. 1895; Sec. 29, Ch. 513, L. 1973; 



Si-c. 20, Ch. 480, L. 1975), relating to elec- 
tion frauds and offenses, were repe;iled bv 
Sec. 49, Ch. 334, Laws 1977. 



23-4722. (10768) Repealed. 

Repeal 

Section 23-4722 (Sec. 81, Pen. C. 1895; 
Sec. 8145, Kev. C. 1907; Sec. 10768, E. C. 
M. 1921; Sec. 94-1422, R. C. M. 1947; redes. 



23-4722 by Sec. 29, Ch. 513, L. 1973). re- 
lating to the penalty for violation of the 
election laws, was repealed by Sec. 23, 
Ch. 480, Laws 1975. 



23-4723, 23-4724. (10769, 10770) Repealed. 



Repeal 

Sections 23-4723, 23-4724 (Sees. 105, lOit. 
Pen. C. 1895; Sec. 29, Ch. 513, L. 1973; 



Sec. 3, Ch. 188, L. 1975), relating to elec- 
tion frauds and offenses, were repealed by 
Sec. 49, Ch. 334, Laws 1977. 



23-4725, 23-4726. (10771, 10772) Repealed 

Repeal 

Sections 23-4725, 23-4726 (Sees. 110, 111, 
Pen. C. 1895; Sees. 8174, 8175, Rev. C. 
1907; Sees. 10771, 10772, R. C. M. 1921; 
Sees. 94-1425, 94-1426, E. C. M. 1947; 



redes. 23-4725, 23-4726 by Sec. 29, Ch. 
513, li. 1973), relating to the disposition 
of election offense fines, and the voiding 
of corrupt elections, were repealed by Sec. 
23, Ch. 480, Laws 1975. 



23-4727, 23-4728. (10773, 10774) Repealed. 



Repeal 

Sections 23-3 
Init. Act, Nov. 
1973; Sees. 13, 14, Ch. 535, L. 1975), relat- 



23-4 



2S (Sees. 1. 8. 
1912; Sec. 29, Ch. 513, [.. 



ing tt> limitations on cainpjugn e.'pendi- 
turcs, were repealed by Sec. 2, Ch. 481, 
Laws 1975. 



23-4728.1. Repealed. 

Repeal 

Section 23-4728.1 (Sec. 1, Ch. 217, L. 
1974), relating to the filing of an organ- 
izational statement as a prerequisite to 



.Tii expenditure of funds by a political 
committee, was repealed bv Sec. 23, Ch. 
480, Laws 1975. 



23-4729 to 23-4731. (10775 to 10777) Repealed. 
Repeal 

Sections 23-4729 to 23-4731 (Sees. 10 
to 12, Init. Act, Nov. 1912; Sees. 10775 
to 10777, R. C. M. 1921; Sees. 94-1429 to 
94-1431, R. C. M. 1947; Se<-. 1, Cii. 41, L. 
1969; Sees. 1, 2, Ch. 144, L. 1973; redes. 



23-4729 to 23-4731 by Sec. 29, Ch. 513, L. 
1975), relating to definition of terms, can- 
didates' financial statements, and expendi- 
tnie statements by political committees 
and other persons, were repealed by Sec. 
23, Ch. 480, Laws 1975. 



141 



23-4732 



ELECTIONS 



23-4732. (10778) Repealed. 

Repeal I,, fumi.sliinj; copios of iict to public oflfi- 

Scction L';!-473l' (Set-. V-j, Init. Act. Nor. cinls, \\:is repealed by Hee. 4!), Cli. 3:U, 

lyil'; See. 29, Cli. 513, L. 1973), relating Laws 1977. 

23-4733 to 23-4736. (10770 to 10782) Repealed. 



Repeal 

Sections 23-4733 to 23 4736 (Sec,". 14 
to 17, Init. Act, Nov. 1912; Sees. 10779 to 
10782, R. C. M. 1921; Sec. 1, Ch. 41, L. 
1943; Sees. 94-1433 to 94-1436, R. C. M. 
1947; Sec. 1, Ch. 251, L. 1971; redes. 23- 



4733 to 23-4736 by Sec. 29, Ch. 513, L. 
1973), relating to inspection of accounts, 
l)'osecution for failure to file a statement, 
j'.irisdiotion of violations, and preservation 
of .statement records, were repealed by 
.Sec. 23, Ch. 480, Laws 1975. 



23-4737. (10783) Payments in name of undisclosed principal. No 
per.son may make a payment of lii.s own money or of anotiier person's money 
1o any otiier person in eonnt'ciion ^\'hh a nomination or election in any 
otlier name tlian that of the person wiio in trutli supplies such money. No 
person may knowiny:ly receive sucli payment or enter or cause the same to 
be entered in his accounts or records in another name than that of the person 
by whom it was actually furnished; pro^'ided, if the money is received 
from the treasurer of an}' ])olitieal (ommittee, it is sufficient to enter tlie 
same as received from tlie treasurer. 



History: En. Sec. 18, Init. Act, Nov. 
1912; re-en. Sec. 10783, R. C. M. 1921; Sec. 
94-1437, R. C. M. 1947; redes. 23-4737 by 
S3C. 29. Ch. 513, L. 1973; amd. Sec. 54, 
Ch. 365, L. 1977. 



Amendments 

Tlie 1977 amendment substituted "com- 
mittee" in the last sentence for "organi- 
zation"; and made minor changes in 
phraseology and punctuation. 



23-4738. (10784) Repealed. 

Repeal 

Section 23-4738 (Sec. 19, Init. Act, Nov. 
1912; Sec. 29, Ch. 513, L. 1973), relating 

23-4739. (10785) Repealed. 

Repeal 

Section 23-4739 (En. Sec. 20, Init. Act, 
Nov. 1912; Sec. 10785, R. C. M, 1921; Sec. 
94-1439, R. C. M. 1947; redes. 23-4739 by 



!o campaign promises, was repealed by 
Sec. 49, Ch. 334, Laws 1977. 



Sec. 29, Ch. 513, L. 1973), relating to 
prohibition against campaign contribu- 
tions by public officers or employees, was 
rej-ealed by Sec. 6, Ch. 188, Laws 1975. 



23-4740 to 23-4743. (107SG to 10780) Repealed. 

Repeal 

Sections 23-4740 to 23-4743 fSecs. 21 to 
24, Init. Act, Nov. 1912; Sec. 29, Ch. 513, 



L. 1973), relating to election frauds and 
offenses, were rejiealed by Sec. 49, Ch. 334, 
Laws 1977. 



23-4744. (10790) Contribntions 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- 
road, street railway, telegraph, telephone, gas, electric light, heat, power, 
canal, aqueduct, water, cemetery or crematory company, or an}^ 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. 



142 



ELECTION FRAUDS AND OFFENSES 



23-4749 



History: En. Sec. 24, Init. Act, Nov. 
1912; re-en. Sec. 10789, R. C. M. 1921; Sec. 
94-1444, R. C. M. 1947; redes. 23-4744 by 
Sec. 29, Ch. 513, L. 1973; amd. Sec. 1, 
Ch. 296, L. 1975. 

Amendments 

The' 1975 amendment deleted "and no 
person, trustee, or trustees owning or 
holding the majority of the stock of a 
corporation carrying on the business of 



a" after "no corporation" at the beginning 
of the section; inserted "savings and loan 
association" near tlie beginning of the 
section; deleted "trustee" between "trust" 
and "surety" near the beginning of the 
section; added "or ballot issue" to the end 
of the first sentence; deleted "or such 
holders of a majority of such stock" from 
the end of the second sentence; and made 
minor changes in punctuation. 



23-4744.1. Repealed. 

Repeal 

Section 23-4744.1 (Sec. 2, Ch. 296, L. 
1975), relating to salary increases to be 



used as political contributions, was re- 
})ealed by See. 49, Ch. 334, Laws 1977. 



23-4745. (10791) Repealed. 

Repeal 

Section 23-4745 (Sec. 26, Init. Act, Nov. 
1912; Sec. 29, Ch. 513, L. 1973), relating 



to influencing vote by gifts, was repealed 
by Sec. 49, Ch. 334, Laws 1977. 



23-4746. (10792) Challenging voters — procedure. (1) Whenever any 
person's right to vote at a primary election is challenged and he has taken 
the oath prescribed by the statutes, tlien a clerk of election shall write in 
tlie pollbooks at the end of the person's name the words "challenged and 
sworn'', with the name of the challenger. Thereupon an election judge 
shall write upon the back of the ballot offered by the challenged voter the 
number of his ballot, in order that the ballot may be identified in any 
future contest of the results of the election and be cast out if it appears 
to the court to have been for any reason wrongfully or illegally voted for 
anv candidate or on anv Question. 

(2) This marking of the name of the cliallenged voter and the testi- 
mony of any judge or clerk of election in reference thereto or in reference 
to the manner in which the challenged person voted, if the testimony is 
given in the course of any contest, investigation, or trial wherein the 
legality of the vote of such person is questioned for any reason, is not a 
violation of subsections (2) or (4) of 23-47-110. 



History: En. Sec. 27, Init. Act, Nov. 
1912; re-en. Sec. 10792, R. C. M. 1921; Sec. 
94-1446, R. C. M. 1947; redes. 23-4746 by 
Sec. 29, Ch. 513, L. 1973; amd. Sec. 45, 
Ch. 334, L. 1977. 

Amendments 

The 1977 amendment inserted the sub- 
section designations; inserted "at a pri- 
mary election" near the beginning of sul)- 



scction (1); deleted "and if it is at a 
nominating election" after "statutes" in 
the first sentence of subsection (1); sub- 
stituted "an election judge" in the second 
sentence of subsection (1) for "the chair- 
man of the board of judges"; sul)stituted 
"subsections (2) or (4) of 23-47-110" at 
the end of subsection (2) for "section 23- 
4707"; and made minor changes in phrase- 
ology and punctuation. 



23-4747 to 23-4749. (10793 to 10795) Repealed. 

Repeal 

Sections 23-4747 to 23-4749 (Sees. 28 to 
30, Init. Act. No. 1912; Sec. 29, Ch. 513, 
Ij. 1973), relating to coercion of voters, 



betting ou elections, and personating an- 
other elector, were repealed bv Sec. 49, 
Ch. 334, Laws 1977. 



143 



23-4750 ELECTIONS 

23-4750. (10796) Repealed. 

^6Peal 29, Ch. 513, L. 1973), relating to the defini- 

Section 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 to 23-4754. (10797 to 10800) Repealed. 

Kepeai ^q compensating voters, publications, so- 

Sections 23-4751 to 23-4754 (Sees. 32 to licitation of votes, and political criminal 

35, Init. Act, Xov. 1912; Sec. 29, Ch. 513, libel, were repealed by Sec. 49, Ch. 334, 

L. 1973; Sec. 1, Ch. 247, L. 1975), relating Laws 1977. 

23-4755. (10801) Repealed. 

T^^veal Sec. 29, Ch. 513, L. 1975), relating to the 

Section 23-4755 (Sec. 36, Init. Act, Nov. filiug of statements of expenses by candi- 

1912; See. 10801, R. C. M. 1921; Sec. 94- dates, was repealed by Sec. 23, Ch. 480, 

1455, R. C. M. 1947; redes. 23-4755 by Laws 1975. 

23-4756. (10802) Repealed. 

Repeal ^^ inducements to accept or decline nomi- 

Section 23-4756 (Sec. 37, Init. Act, Nov. nations, was repealed by See. 49, Ch. 334, 
1912; Sec. 29, Ch. 513, L. 1973), relating Laws 1977. 

23-4757. (10803) Forfeiture of nomination or office for violation of 
law, when not worked. If, upon the trial of any action or proceeding under 
the provisions of Title 23 or Title 37 to contest the right of any person to be 
declared nominated or elected to any office or to annul or set aside such 
nomination or election or to remove a person from his office, it appears 
from the evidence that the offense complained of was not committed by the 
candidate or with liis 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 ; that the offense or offenses complained of were trivial, un- 
important, and limited in character and that in all other respects his par- 
ticipation 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 candidate 
forfeit his nomination or office or be deprived of an}' office of which he is 
the incumbent, tlien the nomination or election of the candidate is not by 
reason of such offense or omission complained of void, nor may the candidate 
be removed from or deprived of his office. 

History: En. Sec. 38, Init. Act, Nov. Amendments 

1912: re-en. Sec. 10803, R. C. M. 1921; Sec. The 1977 amendment substituted "Title 

94-1457, R. C. M. 1947; redes. 23-4757 by 23 or Title 37" near the beginning of the 

Sec. 29, Ch. 513, L. 1973; amd. Sec. 55, .section for "this act"; and made minor 

Ch. 365, L. 1977. changes iu i^hraseology and punctuation. 

23-4758. (10804) Punishment. If, upon the trial of any action or 
proceeding under the provisions of Title 23 or Title 37 to contest the right 
of any person to be 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 

144 



ELECTION FRAUDS AND OFFENSES 



23-4760 



his oflSee, it appears tliat such person was guilty of any corrupt practice, 
illegal act, or undue influence, in or about such nomination or election, 
he shall be punished by being deprived of the nomination or office, as the 
case may be, and tlie vacancy therein sliall be filled in the manner provided 
by law. The only exceptions to tliis judgment s]uill be those provided in 
2.'5-4757. Sucli judgment does not prevent the candidate or officer from being 
proceeded against by indictment or criminal information for any such act 
or acts. 



History: En. Sec. 39, Init. Act, Nov. 
1932; re-en. Sec. 10804, R. C. M. 1921; Sec. 
94-1458, R. C. M. 1947; redes. 23-4758 by 
Sec. 29, Ch. 513, L. 1973; amd. Sec. 56, 
Ch. 365, L. 1977. 



Amendments 

Tiic 1977 amo)i(li))cnf siihstituted "Title 
-3 or Title 37" near the beginning of the 
first sentence for "tliis act"; and made 
minor changos in phraseology and punc- 
tuation. 



23-4759. (10805) Time for commencing- contest. Any action to 
contest the right of any person to be 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 
Title 23 or Title 37, must, unless a different time be stated, be commenced 
Avithin 1 year after the return day of the election at wh.ich such offense 
Avas committed. 



History: En. Sec. 40. Init. Act, Nov. 
1912; re-en. Sec. 10805, R. C. M. 1921; Sec. 
94-1459, R. C. M. 1947; redes. 23-4759 by 
Sec. 29, Cli. 513, L. 1973; amd. Sec. 57, 
Ch. 365, L. 1977. 

Amendments 

The 1977 amendment substituted "Title 
1^3 or Title 37" for "this act"; substituted 
"1 year" for "forty days"; deleted "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 
l)e commenced within forty days after the 
discovery by the complainant of such il- 
legal payment" from the end of the sec- 
tion; deleted a former second sentence 
which read: "A contest of the nomination 
or office of governor or representative or 
senator in congress must be commenced 
\\ithin 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"; and 
made minor changes in phraseology and 
l)unctuation. 



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 filed statement 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 offdise mentioned in Title 
23 or Title 37 or any petition to excuse any person or candidate in accord- 
ance with the power of tlie court to excuse, as provided in 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 
nominated 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 ]!)73 amendment renumbered this 

94-1460, E. C. M. 1947; amd. and redes, 23- section; and substituted the reference to 

4760 Vy Sec. 25. Ch. 513, L. 1973; amd. section 23-4757 for a reference to section 

Sec. 58, Ch. 365, L. 1977. 94-1457. 

The 1077 ,'iiu(Midiiiont substituted "Title 
-3 or Title 37" near the middle of the 
section for "tliis act"; and made minor 
changes in phraseology and punctuation. 



145 



23-4761 ELECTIONS 

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 lias the liighest 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. An 
elector of the state or of any political or municipal division thereof may 
contest the riglit of any person to any nomination or office for whicli the 
elector has the riglit to vote, for any of the following causes : 

(1) on the ground of a deliberate, seriud.,, and material violation of 
any provision of the law relating to non.inations or elections ; 

(2) whenever the person whose right is contested was not, at the time 
of the election, eligible to such office; 

(3) on account of illegal votes or an erroneous or fraudulent count or 
canvass of votes. 

History: En. Sec. 45, Init. Act, Nov. Amendments 

1912; re-en. Sec. 10810, R. C. M. 1921; Sec. tIio 1977 amonilm(>nt iiiailc minor cli;uis;;-s 

94-1464, R. C. M. 1947; redes. 23-4763 by in stvle, phiaseoloov and punctuation. 
Sec. 29, Ch. 513, L. 1973; amd. Sec. 59, Ch. 
365, L. 1977. 

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, 

146 



ELECTION FRAUDS AND OFFENSES 23-4767 

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 sucli 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 he shall not prevail. If the petitioner 
prevails, he may recover his costs, disbursements, and reasonable attorney's 
fees against the contestee. But costs, disbursements, and attorney's fees, 
in all such cases, shall be in the discretion of the court, and in case judg- 
ment is rendered against the petitioner, it shall also be rendered against 
the sureties on the bond. On the filing of any such petition, the clerk 
shall immediately notify the judge of the court, and issue a citation to 
the person whose nomination or office is contested, citing them to appear 
and answer, not less than three nor more than seven days after the date 
of filing the petition, and the court shall hear said cause, and every such 
contest shall take precedence over all other business on the court docket, 
and shall be tried and disposed of with all convenient 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 
person other than the petitioner and contestee may be made a party to 
the proceedings on such petition; and no person other than the parties and 
their attorneys may 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 nominations or elections, other than 
for federal congressional offices, the court shall imniediaiely certify' its 
decision to the board or official issuing certificates of nomination or election, 
and the board or official shall tliereupon issue certificates of nomination or 
election to the person or persons entitled tliereto by the court's decision. 
If judgment of ouster against a defendant is rendered, the nomination or 
office sliall be by the judgment declared vacant, except as provided in 23- 
4762, and shall thereupon be filled bj^ a new election or by appointment 

147 



23-4768 



ELECTIONS 



as may be provided by law regarding vacancies in such nomination or 
office. 



History: En. Sec. 49, Init. Act, Nov. 
1912; re-en. Sec. 10814, R. C. M. 1921; Sec. 
94-1468, R. C. M. 1947; redes. 23-4767 by 
Sec. 29, Ch. 513, L. 1973; amd. Sec. 60, Ch. 
365, L. 1977. 

Amendments 

Tlie 1977 amendment inserted "other 
than for federal eongressional oflices" near 
the beginning of the present tliird sen- 
tence; deleted "said judgment shall award 
the nomination or office to the person re- 
ceiving next the highest numuer of votes, 
unless it shall be further determined in 



the action, upon appropriate pleading and 
proof by the defendant, that some act has 
been done or committed which Avould 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 sliall be so determined at 
tlie trial" after "'rendered" in the last sen- 
teiii'e; inserted "e>:cept as provided in 23- 
4762" in the last sentence; and made 
minor changes in phraseology and punc- 
tuation. 



23-4768. (10815) Repealed. 

Repeal 

Section 23-4768 (Sec. 50, Init. Act, Nov. 
1912; Sec. 29, Ch. 513, L. 1973), relating 



to proceedings against corporations for 
violations of act, was repealed by Sec. 49, 



Ch. 334, Laws 1977. 



23-4769. (10816) Repealed. 

Repeal 

Section 23-4769 (Sec. 51, Init. Act, Nov. 
1912; Sec. 10816, E. C. M. 1921; Sec. 94- 
1470, R. C. M. 1947; redes. 23-4769 by 



Sec. 29, Ch. 513, L. 1973), relating to the 
penalty for violations where not otherwise 
provided, was repealed by Sec. 23, Ch. 480, 
Laws 1975. 



23-4770. (10817) Advancement of cases — dismissal — privileges of wit- 
nesses. Proceedings under Title 23 or Title 37 shall be advanced on the 
docket upon request of either party for speedy trial, but the court may 
postpone or continue the trial if necessary, and in case of such continuance 
or postponement, the court may impose costs in its discretion as a condition 
thereof. No petition may be dismissed wdthout the consent of the county 
attorney, unless the same is dismissed by the court. No person may be 
excused from testifying or producing papers or documents on the ground 
that his testimony or the production of papers or documents will tend to 
criminate him ; but no admission, evidence, or paper made or advanced 
or produced by such person or any evidence that is the direct result of 
such evidence or information that he may have so given may be offered 
or used against him in any civil or criminal prosecution, except in a prose- 
cution for perjury committed in such testimony. 

Amendments 

The 1977 amendment substituted "Title 



History: En. Sec. 52, Init. Act, Nov. 
1912; re-en. Sec. 10817, R. C. M. 1921; Sec. 
94-1471, R. C. M. 1947; redes. 23-4770 by 
Sec. 29, Ch. 513, L. 1973; amd. Sec. 61, Ch. 
365, L. 1977. 



23 or Title 37" in the first sentence for 
"this act"; substituted "necessary" in the 
first sentence for "the ends of justice may 
be thereby more effectually secured"; and 
made minor changes in phraseology. 



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. 



148 



ELECTION FRAUDS AND OFFENSES 



23-4776 



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 ease 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). 

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 Sec. 29, Ch. 513, L. 1973), relating to the 

Section 23-4772 (Sec. 54, Init. Act, Nov. form of the statement of expenses, was 

1912; Sec. 10819, E. C. M. 1921; Sec. 94- repealed by Sec. 23, Ch. 480, Laws 1975. 

1473, R. C. M. 1947; redes. 23-4772 by 

23-4773. (10820) Repealed. 

Repeal to false oaths or affidavits, was repealed 

Section 23-4773 (Sec. 55, Init. Act, Nov. liy Sec. 49, Ch. 334, Laws 1977. 
1912; Sec. 29, Ch. 513, L. 1973), relating 



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 violation of the political literature dis- 
section 23-4775 (Sec. 2, Ch. 74, L. 1951 ; closure requirement as a misdemeanor, was 

Sec. 94-1476, R. C. M. 1947; redes. 23-4775 repealed by Sec. 23, Ch. 480, Laws 1975. 

by Sec. 29, Ch. 513, L. 1973), relating to 

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 



149 



23-4777 ELECTIONS 

of the sources and disposition cf 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. 

History: En, 23-4776 by Sec. 1, Ch. 480, duties of county attorneys and other local 

L. 1975. officials; requiring candidates and political 

comniittees to designate a campaign treas- 

Title of Act urer and a campaign depository; authoriz- 

An act revising political campaign re- ing the creation of a petty cash fund for 

porting requirements; creating the posi- all candidates and political committees; 

tion of commissioner of campaign finances providing civil and criminal penalties; 

and practices; authorizing the commission- amending section 23-4701; repealing sec- 

er, in conjunction with the county at- tions 23-4722, 23-4725, 23-4726, 23-4728.1, 

torneys, to enforce Montana's election 23-4729, 23-4730, 23-4731, 23-4733, 23-4734, 

laws and to regulate Montana's campaign 23-4735, 23-4736, 23-4750, 23-4755, 23-4761, 

finance laws as specified in Title 23, 23-4769, 23-4772, and 23-4775; and provid- 

K. C. M. 1947; specifying the powers and ing for an effective date. 

23-4777. Definitions. As used in Title 23 and Title 37, unless the con- 
text clearly indicates otherwise, the following definitions apply : 

(1) "Candidate" means an individual wlio has filed a declaration of 
nomination, certificate of nomination, or acceptance of nomination for 
public 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) "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. 

(3) "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 questioii. 

(4) "Public office" means a state, county, municipal, school, or other 
district office that is filled by the people at an election. 

(5) "Contribution" means: 

(a) an advance, gift, loan, conveyance, deposit, payment, or distribu- 
tion 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 tlie personal services of another person that are 
rendered to a candidate or political committee ; but 

(d) not services provided without compensation by individuals volun- 
teering a portion or all of their time on behalf of a candidate or political 
committee or meals and lodging provided by individuals in tlieir private 
residence for a candidate or other individual 

(6) "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 subsection (5) ; or 

(b) payments by a candidate for his personal travel expenses or for 
food, clothing, lodging, or personal necessities for himself and his family. 

(7) "Anything of value" means any goods that have a certain utility to 

150 



ELECTION FRAUDS AND OFFENSES 23-4778 

the recipient that is real and that ordinarily is not given away free but 
is purchased. 

(8) "Political committee" means a combination of two or more in- 
dividuals, or a person other than an individual, tlie 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. 

(9) "Individual" means a human being. 

(10) "Person" means an individual, corporation, association, firm, part- 
nership, cooperative, 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, missioner' means tlie comuiissioner of cnm- 

L. 1975; amd. Sec. 2, Ch. 365, L. 1977. paign finances and practices as described 

i!i section 23-4785"; redesignated subdivi- 

Amendments sions (3) through (11) as subdivisions (2) 

The 1977 amendment substituted the in- through (10); substituted "subsection (5)" 

troductory phrase for "As used in Title in subdivision (6) (a) for "tins act"; and 

23, chapter 47, E. C. M. 1947"; deleted made minor changes in phraseology. 

former subdivision (2) which read: " 'Com- 

23-4778. Seports of contributions and expenditures required. (1) Ex- 
cept as provided in subsection (5), each candidate and political committee 
shall file periodic reports of contributions and expenditures made by or 
on the behalf of a candidate or political 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 headquarters. How^ever, where residency wnthin a district, 
county, city, or town is not a prerequisite for being a candidate, copies of 
all reports shall be filed w4th 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 com- 
missioner 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 can- 
didates 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 bj- 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 tlie tenth day of March and September, in each year that an 
election is to be held, and on the fifteenth and fifth daj's 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 

151 



23-4778 ELECTIONS 

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 ofiice, 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) ; except candidates for the office of trustee of a 
school district, their political committees, and political committees organ- 
ized to support or oppose a school district issue shall not be required to 
comply with the provisions of this section when the school district is : 

(a) a first-class district located in a county having a population less 
than 15,000; 

(b) a second- or third-class district; or 

(c) a countv high school district having a student enrollment less than 
2,000. 

(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 
(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, Amendments 

L. 1975; amd. Sec. 1, Ch. 23, L. 1977. The 1977 amendment inserted "Except 

as provided in subsection (5;" at the 

152 



ELECTION FRAUDS AND OFFENSES 23-4779 

beginning of .subsection (1); added the of the first sentence of subsection (5); 
clause excepting school district trustee added sub<livisions (5)(a) through (5)(c;; 
candidates from filing reports at the end and made a minor change in style. 

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; 

(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 ; 

153 



23-4780 ELECTIONS 

(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. 

(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 — exception for 
certain school districts. (1) Except as provided in subsection (7), each 
candidate for nomination or election to office and each political committee 
shall appoint one (1) campaign treasurer. No contribution shall be received 
or expenditure made by or on belialf of a candidate or political committee 
until the candidate or political commiitee appoints a campaign treasurer 
and certifies the name and address of the campaign treasurer pursuant to 
this section. The certification, which shall include an organizational state- 
ment, properly acknowledged by a notary public, and setting forth of the 
name and address of the campaign 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 

154 



ELECTION FRAUDS AND OFFENSES 23-4781 

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) Except as provided in subsection (7), each candidate and each 
political committee shall designate one (1) primary campaign depository 
for the purpose of depositing all contributions received and disbursing all 
expenditures made by the candidate or political committee. The candidate 
or political committee may also designate one (1) secondary depository 
in each county in which an election is held and in which the candidate or 
committee participates. Deputy campaign treasurers may make depo.sits in 
Kiid p;ake expenditures from secondary depositories wlicn authorized to 
do so as provided in subsection (4) of this section. Only a bank authorized 
to transact business in Montana may be designated as a campaign deposi- 
tory. The candidate or political committee shall file the name and address 
of each primary and secondary depository so designated at tlie same 
time and with the same officer with whom the candidate or committee files 
tlie name of his or its campaign treasurer pursuant to subsection (1) of 
this section. Nothing in this subsection shall prevent a political committee 
or candidate from having more than one campaign account in tlie same 
depository. 

(7) The provisions of this section do not apply to candidates for the 
office of trustee of a school district, their political committees, and political 
committees organized to support or oppose a school district issue when 
the school district is : 

(a) a first-class district located in a county having a population less 
tlian 15,000 ; 

(b) a second- or third-class district; or 

(c) a county high school district having a student enrollment less 
than 2,000. 

155 



23-4782 ELECTIONS 

History: En. 23-4781 by Sec. 6, Ch. 480, Effective Date 

L. 1975; amd. Sec. 2, Ch. 23, L. 1977. Section 3 of Ch. 23, Laws 1977 provided 

the act should be in effect upon its pas- 
Amendments ^^^^ ^^^ approval. Approved March 8, 
The 1977 amendment inserted "Except 1977. 
as provided in subsection (7)" at the be- 
ginning of subsections (1) and (6); and 
added subsection (7). 

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, 
K 1975. 

DECISIONS UNDEK FOEMEE 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 

156 



ELECTION FRAUDS AND OFFENSES 23-4785 

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. Creation of office. (1) There is a commissioner of campaign 
finances and practices, who is appointed by a majority of a four-member 
selection committee which is comprised of the speaker of the house, the 
president of the senate, and the minority floor leaders of botli houses of 
the legislature. However, if a majority of the members of the selection 
committee cannot agree upon the selection of a commissioner witliin 30 
days after a vacancy occurs or a term expires, the Montana supreme court 
shall appoint a fifth public member to the selection committee. The 
majority of the five members of the selection committee sliall then select 
the commissioner. 

(2) The individual selected to serve as llic commissioner of campaign 
finances and practices is appointed for a o-year term, but lie is thereafter 
ineligible to serve as the comniissiojier of <-ami)aign finan(;es and practices 
and is precluded from being a candidate for public office as defined in this 
act for a period of 5 years from the time that his term as commissioner 
expires. 

(3) If for any reason a vacancy occurs in the position of commissioner, 
a successor shall be appointed within 30 daj's as provided in subsection (1) 
to serve out the unexpired term. An individual Avho is selected to serve out 
the unexpired term of a preceding commissioner is entitled to be reappointed 
for a 5-year term as provided in subsection (1). 

(4) The commissioner may be removed from office by impeachment as 
provided in 95-2801 and 95-2802. He may also be prosecuted by the appro- 
priate county attorney for official misconduct as specified in 94-7-401. 

(5) The commissioner of campaign finances and practices is entitled 
to receive an annual salary of $21,000. The salary commission may recom- 
mend salary increases to the legislature. 

(6) The office of the commissioner is attached to the office of the 
secretary of state for administrative purposes only, as specified in 82A-108, 
except that the provisions of subsections (l)(b), (l)(c), (2) (a), (2)(b), 
(2)(d), (2)(e), and (3) (a) of 82A-108 do not apply. 

History: En. 23-4785 by Sec. 10. Ch. Since the amendments do not appear to 
480, L. 1975; amd. Sec. 62, Ch. 365, L. contiict. the code commissioner has made a 
1977; amd. Sec. 1, Ch. 461, L. 1977. composite section embodying tiie changes 

made by both amendments. 

Compiler's Notes 

This section was amended twice in 1977, Amendments 

once by Ch. 365 and once by Ch. 461. Ciiapter 365, Laws of 1977, sulistituted 

"after a vacancy occurs or a term expires" 

157 



23-4786 ELECTIONS 

near the middle of the second sentence of Chapter 461, Laws of 1977, substituted 

subsection (1) for "after the passage and "after a vacancy occurs" in the middle of 
approval of this act"; and made minor the second sentence of subsection (1) for 
changes in phraseology, punctuation and "after the passage and approval of this 
style. act"; and made minor changes in phrase- 

ology, punctuation and style. 

23-4786. Powers and duties of the commissioner. (1) The commis- 
sioner of campaign finances and practices shall be responsible for investi- 
gating all of the alleged violations of the election laws contained in Title 
23 or Title 37 and shall in conjunction witli 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 and Title 37, and he may 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 or Title 37. Any properly licensed attorney 
so retained or hired shall exercise the powers of a special attorney general, 
and he may prosecute, subject to the control and supervision of the com- 
missioner and the provisions of 23-4788, any criminal or civil action arising 
out of a violation of any provision of Title 23 or Title 37. 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 or Title 37 ; 

(b) attend and give advice to a grand jury when cases involving 
criminal violations of Title 23 or Title 37 are presented ; 

(c) draw and file indictments, informations, and criminal complaints; 

(d) prosecute all actions for the recovery of debts, fines, penalties, or 
forfeitures accruing to the state or county from persons convicted of 
violating Title 23 or Title 37 ; and 

(e) do any other act necessary to successfully prosecute a violation 
of any provision of Title 23 or Title 37. 

(4) The commissioner shall prescribe forms for statements and other 
information required to be filed pursuant to Title 23 or Title 37 and 
furnish forms and appropriate information to persons required to file 
statements and information. 

(5) The commissioner shall prepare and publish a manual prescribing 
a uniform system for accounts for use by persons required to file statements 
pursuant to Title 23 or Title 37. 

(6) The commissioner shall accept and file any information volun- 
tarily supplied that exceeds the requirements of Title 23 or Title 37. 

(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 or Title 37. 

(8) The commissioner shall make statements and other information 
filed with his office available for public inspection and copying during 

158 



ELECTION FRAUDS AND OFFENSES 23-4786 

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 information 
filed with his office for a period of 10 years from date of receipt. 

(10) The commissioner shall prepare and publish summaries of the 
statements received. 

(11) The commissioner shall prepare and publish such otjier reports 
as he considers appropriate. 

(12) The commissioner shall provide for wide public dissemination 
of summaries and reports. 

(13) The commissioner may investigate all statements filed pursuant to 
the provisions of Title 23 or Title 37 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 or Title 37. Upon the submission 
of a written complaint by any individual, the commissioner shall also 
investigate any other alleged violation of the provisions of Title 23 or 
Title 37 or any rule adopted pursuant thereto. 

(14) The commissioner shall promulgate and publish rules to carry 
out the provisions of Title 23 or Title 37 and shall promulgate such rules 
in conformance wnth the Montana Administrative Procedure Act. 

(lo) 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 sliall also make further 
reports on the matters within his jurisdiction as the legislature may pre- 
scribe 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 may inspect any records, accounts, or books 
that must be kept pursuant to the provisions of Title 23 or Title 37, which 
are held by any political committee or candidate so long as such inspection 
is made during reasonable office hours. 

(18) The commissioner may issue orders of noncompliance as pre- 
scribed by 23-4787. 

(19) The commissioner may exercise all of the powers conferred upon 
him by law in any jurisdiction or political subdivision of the state. 

(20) After receiving the final campaign contribution and expenditure 
report filed as required by Title 23, 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 23-4778. 

(21) The commissioner may administer oaths and affirmations, sub- 
poena witnesses, compel their attendance, take evidence, 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 conducting any investigation 
pursuant to the provisions of Title 23 or Title 37. 

159 



23-4787 ELECTIONS 

History: En. 23-4786 by Sec. 11, Ch. Amendments 

480, L. 1975; amd. Sec. 63, Ch. 365, L. The 1977 amendment inserted "or Title 

1977. 37" throughout the section; and made 

minor changes in phraseology, punctuation 
mid style. 

23-4787. Inspection of statements and issuance of orders of noncom- 
pliance. (1) Each statement filed with the commissioner during an elec- 
tion or witliin GO days thereafter shall be inspected within 10 days after 
the date upon which the statement is filed. If a person has not satisfied 
the provisions of Title 23 or Title 37, the commissioner shall immediately 
notify the 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 or Title 37, 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 60 days after an election, a candidate or political committee 
shall submit the necessary information within 5 da^'s after receiving the 
notice of noncompliance. Upon a failure to submit the required information 
within the time specified, tho appropriate county attorney or the commis- 
sioner may initiate a civil or criminal action pursuant to tlie procedures 
outlined in 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 10 days after receiving the 
notice of noncompliance. Upon a failure to submit the required information 
within the time specified, the appropriate county attorney or the commis- 
sioner shall initiate a civil or criminal action pursuant to the procedures 
outlined in 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 tlie county in whicli the 
political committee has its Iseadquarters. All petitions for judicial review 
filed pursuant to this section shall be expeditiously reviewed by the appro- 
priate district court. 

(5) Within 120 days after the date of each election, the commissioner 
shall examine and compare each statement or report filed with the com- 
missioner pursuant to the provisions of Title 23 or Title 37 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 re- 
ceived by the commissioner pursuant to the requirements of Title 23 or 
Title 37. The commissioner may investigate the source and authenticity of 
any contribution or expenditure listed in any report or statement filed 
pursuant to Title 23 or Title 37 or the alleged failure to report any contri- 
bution or expenditure required to be reported pursuant to Title 23 or 
Title 37. 

160 



ELECTION FRAUDS AND OFFENSES 23-4788 

History: En. 23-4787 by Sec. 12, Ch. ;!7" tliioufriiont the section; suhstitute.l 
480, L. 1975; amd. Sec. 64, Ch. 365, L. "tliis section" in the last sentence of sub- 
1977. sei-tion (-1) Cor "tliis act"; and ni;i(I" 

minor changes in phiasooioyy, puncliiatioM 

Amendments .i„,] style. 

Tiie 1977 amendment inserted "or Title 

23-4788. Consultation and cooperation with county attorney. (1) 
Whenever the coniniissioiier deteriiiiiics tliat there appears to bo sufficient 
evidence to justify a civil or criminal prosecution under the election laws 
of this state, he shall notify the county attorney of the county in which 
the allefijed violation occurred and shall arrauj^e to transmit to the county 
attorney all information relevant to the alleged viohition. If tlie county 
attorney fails to initiate the approj)riate civil or criminal action witliin 30 
days after he receives notification of the alleged viohilion, tlie commissioner 
may then initiate the appropriate legal action. 

(2) A county attorney may at any time prior to tlie expiration of 
the 30-day time period specified in subsection (1), waive liis right to 
prosecute and thereby authorize the commissioner to initiate the appropriate 
civil or criminal action under the election law. 

(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 count}'. In this instance, the commissioner is authorized to directly prose- 
cute any alleged violation of Title 23 or Title 37. 

(4) If a prosecution is undertakoi by the commissioner, all court costs 
associated with the prosecution shall be paid by the state of Montana, and 
all fines and forfeitures imposed pursuant to a prosecution by the commis- 
sioner shall be deposited in the state general fund. 

(5) Nothing in Title 23 or Title 37 prevents a county attorney from 
inspecting any records, accounts, or books wliich must be kept pursuant to 
the provisions of Title 23 or Title 37 that are held by a political committee 
or candidate involved in an election to be held within the county. However, 
the inspections must be conducted during reasonable office hours. 

(6) A county attorney may administer oaths and affirmations; sub- 
poena witnesses; compel their attendance; take evidence; and require the 
production of any books, correspondence, memoranda, bank account state- 
ments of a political committee or candidate, or other records which are 
relevant or material for the purpose of conducting any investigation 
pursuant to tlie provisions of Title 23 or Title 37. 

History: En. 23-4788 by Sec. 13, Ch. fines and forfeitures imposed pursuant to 

480, L. 1975; amd. Sec. 46, Ch. 334, L. a prosecution by the commissioner shall 

1977; amd. Sec. 65, Ch. 365, L. 1977. bo deposited in the state general fund" at 

the end of subsection (4); and made minor 

Compiler's Notes changes in phraseology, punctuation and 

This section was amended twice in 1977, style, 
once bv Ch. 3.".4 and once by Ch. 365. Chapter 365. Laws of 1977. deleted "as 
Since the amendments do not' appear to si)eeifie(l in section 23-4793" after "prose- 
conflict, the code commissioner has made a cution" near the middle of tlie fir.-t sen- 
composite section embodying the changes tence of sub.section (1), and after "action" 
made by both amendments. at the end of subsection (2); inserted "or 

Title 37" throughout the section; added 

Amendments "and all fines and forfeitures imjiosed 

Chanter 3.34, Laws of 1977, substituted [uirsuant to a prosecution by the comriiis- 
refercn-es to the election law or laws in sioner shall be deposited in the state gen- 
subsections (l) and (2) for references to eral fund" at the end of subsection (4); 
section 23-4793; inserted "or Title 37" ami made minor changes in phraseology, 
throughout the section; added "and all lunut nation and style. 

161 



23-4789 ELECTIONS 

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 
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, Cb. 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, Cb. 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 aU. 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. 

162 



ELECTION FRAUDS AMD OFFENSES 23-4795 

23-4793. Repealed. 

Repeal offonses, was repealed by Sec. 49, Ch. 334, 

Section 23-479". (Sec. 18, Ch. 480, L. Laws 1977. 
1975), relating to penalties for election 

23-4794. Secretary of state to furnish copies of certain election laws to 
appropriate officials. The secretary of state sliall, at tlie expense of the 
state, furnish the county clerk and the city and town clerks with copies of 
tlie election laws relating? to penalties, canipaijrn ju-actices, campaiirn 
finances, and contests. The public official with whom a candidate files a 
declaration or certificate of nomination shall transmit one of these copies to 
the candidate. Such copies shall also be furnished to any otlier person 
required to file a statement. Upon his own information or at tlie written 
request of any voter, the secretary of state shall provide a copy to any 
other individual who may be a candidate or who may otherwise be required 
to make a statement required by Title 23 or Title 37. 

History: En. 23-4794 by Sec. 19, Ch. substituted "one of these copies'* in the 

4S0, L. 1975; amd. Sec. 66, Ch. 365, L. second sentence for "a copy of Title 23, 

1977. chapter 47, E. C. M. 1947"; deleted "of 

Title 23, chapter 47, R. C. M. 1947" after 

Amendments "copy" in the last sentence; substituted 

The 1977 amendment substituted "the "Title 23 or Title 37" at the end of the 

election laws relating to penalties, cam- last sentence for "this act"; and made 

paign practices, campaign finances, and minor changes in phraseology and punc- 

contests" at the end of the first sentence tuation. 
for "Title 23, chapter 47, R. C. M. 1947"; 

23-4795. Limitation on contributions. (1) Agg-rogate contributions 
for all elections in a campaign by an individual, other tlian the candidate, 
to a candidate and political committees organized on his behalf are limited 
as follows : 

(a) for candidates filed jointly for the office of governor and lieutenant 
governor, not to exceed $1,500; 

(b) for a candidate to be elected for state office in a statewide election, 
other than the candidates for governor and lieutenant governor, not to 
exceed $750; 

(e) for a candidate for public service commissioner, not to exceed 
$400; 

(d) for a candidate for district court judge, not to exceed $300; 

(e) for a candidate for the legislature, not to exceed $250; and 

(f) for a candidate for city or county office, not to exceed $200. 

(2) An independent committee means a committee wliich is not organ- 
ized on behalf of a candidate or which is not controlled either directly 
or indirectly by a candidate or candidate's committc^e and which does not 
act jointly with a candidate or candidate's committee in conjunction 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 committee 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 lieu- 
tenant governor, not to exceed $8,000; 

163 



23-4796 



ELECTIONS 



(b) for a candidate to be elected for state office in a statewide election, 
other than the candidates for governor and lieutenant governor, not to 
exceed $2,000; 



$1,000; 

(d) 
(e) 
(f) 
(3) 



for a candidate for public service commissioner, not to exceed 



for a candidate for district court judge, not to exceed $250; 

for a candidate for the legislature, not to exceed $250; 

for a candidate for city or county office, not to exceed $200. 

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, 
L. 1975; amd. Sec. 67, Ch. 365, L. 1977. 

Title of Act 

An act imposing limitations on the 
a meant of funds that may be contributed 
in support of or in opposition to a candi- 
date; repealing sections 23-4727 and 23- 
4728, R. C. M. 1947; and providing for a 
delayed effective date. 

Amendments 

The 1977 amendment deleted "and his 
inimediate family" after "other than the 
candidate" in subsection (1); deleted for- 
mer subsection (3) which limited the 
amount of contributions by a candidate 



and his immediate family and defined im- 
mediate family; redesignated former sub- 
section (4) as subsection (3); and made 
minor changes in phraseology, punctuation 
and style. 

Repealing Clause 

Section 2, Ch. 481, Laws 1975 read 
"Sections 23-4727 and 23-4728, R. C. M. 
1947, are repealed." 

Effective Date 

Section 3, Ch. 481, Laws 1975 read 
''This act is effective on January 1, 1976, 
and the limitations imposed by this act 
shall apply to all elections held after that 
date." 



23-4796. Commissioner of campaign finances and practices. In 23-4778 
through 23-4795, "commissioner" means the commissioner of campaign 
finances and practices created by 23-4785(1), unless the context clearly 
indicates otherwise. 

History: En. 23-4796 by Sec. 3, Ch. 365, Title of Act 

L. 1977. An act to generally revise and clarify 

the laws relating to elections and to re- 
peal sections 23-3021, 23-3030, and 23-4404, 
R. C. M. 1947. 



23-4797 to 23-47-100. Reserved. 



23-47-101. Election code not to supersede criminal code — statute of 

limitations. (1) Tiie penalty provisions of the election laws of this state 
are intended to supplement and not to supersede the provisions of the 
Montana Criminal Code. 

(2) Unless otherwise provided, the general time limitations for prose- 
cutions for violations of the election laws are those specified in 94-1-106. 

History: En. 23-47-101 by Sec. 1, Ch. Title of Act 

334, L. 1977. \n act to generally and substantively 

revise, repeal, and recodify the election 
laws relating to the criminal provisions 
for election and campaign practices. 

23-47-102. Trivial benefits not covered by criminal provisions. It is not 

the intent of tlie election laws of this state to criminalize activities involving 



164 



ELECTION FRAUDS AND OFFENSES 23-47-107 

trivial benefits incidental to the campaign process which involve no sub- 
stantial risk of undermining the election process. 

History: En, 23-47-102 by Sec. 2, Ch. 
334, L. 1977. 

23-47-103. Violations as misdemeanor. A person who knowingly vio- 
lates a provision of the election laws of this state for which no other 
penalty is specified is guilty of a misdemeanor. 

History: En. 23-47-103 by Sec. 3, Ch. 
334, L. 1977. 

23-47-104. Attempt as a violation. An attpmi)t, as defined in !>4-4-10o, 

to violate a provision of the election laws of this state is itself a violation 

of the election laws and is punishable as provided in 94-4-103. 

History: En. 23-47-104 by Sec. 4, Ch. 
334, L. 1977. 

23-47-105. Aiding and abetting-. A person wlio is legally accountable, 
as provided in 94-2-107, for the conduct of anotlier whicli violates a provi- 
sion of the election laws of this state is also guilty of a violation of that 
provision. 

History: En. 23-47-105 by Sec. 5, Ch. 
334, L. 1977. 

23-47-106. Ineligibility to bold office because of conviction. In addition 
to all other penalties prescribed by law : 

(1) a candidate who is convicted of violating any provision of Title 23 
or Title 37, except 23-47-115(10), is ineligible to be a candidate for any 
public office in the state of Montana until his final discharge from state 
supervision ; 

(2) a campaign treasurer who is convicted of violating any provision 
of Title 23 or Title 37, except 23-47-115(10), is ineligible to be a candidate 
for any public office or to hold the position of campaign treasurer in any 
campaign in the state of Montana until his final discliarge from state 
supervision ; 

(3) if an elected official, while a candidate for nomination, was guilty 

of any act which was wrongful or unlawful or which would be sufficient to 

cause his removal from office if committed during the general election 

campaign, he sliall, upon conviction, be removed from office in the same 

manner as though the act had been committed during the general election. 

even though he may have been regularly elected and was not guilty of a 

wrongful or unlawful act during the election at wliich lie was elected to 

office. 

History: En. 23-47-106 by Sec. 6, Ch. 
334, L. 1977. 

23-47-107. Voiding election. (1) If a court of competent jurisdiction 
finds that the violation of any provision of Title 23 or Title 37, by any 
candidate or political committee probably alTected the outcome of any 
election, the result of that election may be held void and a special election 
held within 60 days of that finding. If the violation occurred during a 

165 



23-47-108 ELECTIONS 

primary election, the court may direct the appropriate political party to 

select a new candidate according to tlie provisions of state law and the 

custom of the party. Except as provided in subsection (2), an action to 

void an election shall be commenced within 1 year of the date of the 

election in question. 

(2) An action to void a bond election sliall be commenced within 60 

days of the date of the election in question. 

History: En. 23-47-107 by Sec. 7, Ch. 
SSi, L. 1977. 

23-47-108. Powers of district court. In any action brought under the 
election laws of this state, the appropriate district court may enjoin any 
person to prevent the doing of any prohibited act or to compel the per- 
formance of any act required by the election laws. 

History: En. 23-47-108 by Sec. 8, Ch. 
334, L. 1977. 

23-47-109. Electors and ballots. (1) An elector may not show the 
contents of his ballot to anyone after it is marked. No elector may place 
any mark upon the ballot by which it may be identified as the one voted by 
him. 

(2) An elector may not receive a ballot from any person other than 
an election judge and may not vote any ballot except one received from 
an election judge. No person other than an election judge may deliver a 
ballot to an elector. 

(3) No person may solicit an elector to show his ballot after it is 
marked. 

(4) An elector who does not vote a ballot delivered to him sliall, before 

leaving the polling place, return the ballot to an election judge. 

History: En. 23-47-109 by Sec. 9, CIi. 
334, L. 1977. 

23-47-110. Conduct of officers and clerks of election. No officer or clerk 
of election may : 

(1) deposit in a ballot box a ballot on which the official stamp, as 
provided by law, does not appear; 

(2) prior to putting the ballot of an elector in the ballot box, attempt 
to find out any name on the ballot or open or examine the folded ballot 
of an elector; 

(3) look at any mark made by the voter upon the ballot; 

(4) make or place any mark or device on any folded ballot with the 
intent to ascertain the name of any person for whom the elector has voted ; 

(5) allow any person other than the voter to be present at the marking 
of the ballot except as provided in 23-3609 and 23-3812(1) ; or 

(6) make a false statement in a certificate regarding affirmation. 

History: En. 23-47-110 by Sec. 10, Ch. 
334, L. 1977. 

23-47-111. Interference with officials. A person who, in any manner, 
interferes with the officers holding an election or conducting a canvass so 

166 



ELECTION FRAUDS AND OFFENSES 23-47-114 

as to prevent the election or canvass from being fairly held and lawfully 

conducted is guilty of obstruction of a public servant and is punisliable 

as provided in 94-7-302. 

History: En. 23-47-111 by Sec. 11, Ch. 
334, L. 1977. 

23-47-112. OfScial misconduct. A person charged witli performance of 
any duty under tlie provisions of the election laws of this state is guilty 
of official misconduct and is punishable as provided in 94-7-401 whenever 
tlie person : 

(1) knowingly neglects or refuses to perform that duty; or 

(2) knowingly and fraudulently acts, in his official capacity, in con- 
travention or violation of any provision of the election laws. 

History: En. 23-47-112 by Sec. 12, Ch. 
334, L. 1D77. 

23-47-113. Tampering with election record;: and information. A person 
is guilty of tampering witii public records or information and is punisliable 
as provided in 94-7-209 whenever the person : 

(1) suppresses any declaration or certificate of nomination wliich lias 
been filed; 

(2) purposely causes the vote on a machine to be incorrectly recorded 
as to the candidate or ballot issue voted on; 

(3) in an election return, knowingly adds to or subtracts from the 
votes actually cast at the election ; 

(4) changes any ballot after the same has been deposited in the ballot 
box or adds any ballot to those legally polled at an election, either before 
or after the ballots have been counted, -with the purpose of changing the 
result of the election ; 

(5) causes any name to be placed on the registry lists other than in 
the manner provided by this title ; or 

(6) changes a poll list or check list. 

History: En. 23-47-113 by Sec. 13, Ch. 
334, L. 1977. 

23-47-114. Injury to election equipment, materials, and records. A per- 
son is guilty of criminal mischief or tampering with public records and 
information, as appropriate, and is punisliable as provided in 94-6-102 or 
94-7-209, as applicable, whenever the person : 

(1) prior to or on election day, knowingly defaces or destro3^s any 
list of candidates posted in accordance with the provisions of the law; 

(2) during an election: 

(a) removes or defaces the cards printed for the instruction of the 
voters ; or 

(b) 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 ; 

(3) removes any ballots from the polling place before the closing of 
the polls with the purj)ose of changing the result of the election ; 

167 



23-47-115 ELECTIONS 

(4) carries away or destroys any poll lists, check lists, ballots, or ballot 
boxes for the purpose of disrupting or invalidating an election ; 

(5) knowingly detains, mutilates, alters, or destroys any election re- 
turns ; 

(6) mutilates, secretes, destroys, or alters election records, except as 
provided by law ; 

(7) tampers witli, disarranges, defaces, injures, or impairs a voting 
machine ; 

(8) mutilates, injures, or destroys any ballot or appliance used in 
connection with a voting machine ; or 

(9) fraudulently defaces or destroys a declaration or certificate of 

nomination. 

History: En. 23-47-114 by Sec. 14, Ch. 
334, L. 1977. 

23-47-115. Deceptive election practices. A person is guilty of false 
swearing, unsworn falsification, or tampering with public records or infor- 
mation, as appropriate, and is punisliable as provided in 94-7-203, 94-7-204, 
or 94-7-209, as applicable, whenever the person: 

(1) falsely represents his name or other information required upon his 
registry card and causes registration with the card; 

(2) signs a registry card knowingly witnessing any false or misleading 
statement ; 

(3) knowingl}' submits a false report or deliberately fails to include 
information in a report required by Title 23 or Title 37 ; 

(4) knowingly causes a false statement, certificate, or return of anj' 
kind to be signed ; 

(5) falsely makes a declaration or certificate of nomination; 

(6) files or receives for filing a declaration or certificate of nomination 
knowing that all or pai't of the declaration or certificate is false; 

(7) forges or falseiy makes the official endorsement of a ballot ; 

(8) forges or counterfeits returns of an election purporting to have 
been held at a precinct, municipality, or ward where no election was in 
faetlu'ld; 

(9) knowingly substitutes forged or counterfeit returns of election in 
place of the true returns for a precinct, municipality, or ward where an 
election was held ; 

(10) signs n name other than his own to a petition, signs more than 
once for the same measure, or sigiis a petition while not being a (pialified 
elector of tlie state; or 

(11) makes a false oath or affidavit where an oatli or affidavit is re- 
quired b}' law. 

History: En. 23-47-115 by Sec. 15, Ch. 
334. L. 19"/ 7. 

23-47-116. Deceiving an elector. A person who deceives an elector 

voting under 23-3G0i) or 23-3812 is guilty of a misdemeanor. 

History: En. 23-47-116 by Sec. 16, Ch, 
334, L. 1977. 

168 



ELECTION FRAUDS AND OFFENSES 23-47-120 

23-47-117. Fraudulent registration. (1) No person may knowingly 
cause, procure, or allow himself to be registered in the official register of 
any election distrii't of iiny county knowing hin-self not to be entitled to 
snch registration. 

(2) No person may falsely personate another and cause the person so 
personated to be registered. 

(3) When, on the trial of the person charged with any offense under 

the provisions of tliis section, it appears in evidence that the accused stands 

registered in the register of any county without being qualified for such 

registration, the court shall order such registration canceled. 

History: En. 23-47-117 by Sec. 17, Ch. 
334, L. 1977. 

23-47-118. Limits on voting rights. (1) No person may vote wlio is 
not entitled to vote. No person may vote more than once at an election. 

(2) No person may, for any election, apply for a ballot in tlie name of 

some other pei'son, whetlier it be the name of a living, dead, or fictitious 

person. 

History: En. 23-47-118 by Sec. 18, Ch. 
334, L. 1977. 

23-47-119. Electioneering. (1) No person may do any electioneering 
on election clay within any polling place or any building in which an elec- 
tion is being held or within 200 feet thereof. 

(2) No officer or clerk of election may do any electioneering on election 
da}'. 

(3) No person may buy, sell, give, or provide a political badge, button, 

or other insignia to be worn at or about the polls on the day of an election, 

and no such political badge, button, or other insignia may be worn at or 

about tlie polls on an election day. 

History: En. 23-47-119 by Sec. 19, Ch. 
334, L. 1977. 

23-47-120. Betting on elections. (1) A person wlio makes, offers, or 
accepts any bet or wager upon the result of any election ; upon the success 
or failure of any person or candidate; 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 guiltj' of a misdemeanor. 

(2) If the bet or wager is made for the purpose of influencing tlie 
result of the election, the act of betting is grounds to challenge the bettor's 
right to vote. 

(3) A candidate who. before or during an election campaign, makes 

any bet or wager of anything of pecuniary value; in any manner becomes 

a party to any bet or wager on the result of the election in his electoral 

district (or in any part thereof) or on any event or contingency relating to 

any pending election; or provides money or other valuables to be used 

by any person in betting or wagering upon the results of any impending 

election is guilty of a misdemeanor. 

History: En. 23-47-120 by Sec. 20, Ch. 
334, L. 1977. 

169 



23-47-121 ELECTIONS 

23-47-121. Preventing- public meetings of electors. (1) A person who, 
by threats, intimidations, or violence, willfully hinders or prevents electors 
from asseniblin*): in public meeting for trie consideration of public questions 
is guilty of a misdemeanor. 

(2) A person who willfully disturbs or breaks up a public meeting of 

electors or others, lawfully being held for the purpose of considering public 

questions, or a public school meeting is guilty of a misdemeanor. 

History: En. 23-47-121 by Sec. 21, Ch. 
334, L. 1977. 

23-47-122. Illegal influence of voters. No person, directly or indirectly, 
by himself or by any other person on his behalf, for any election, to or for 
any person on behalf of any elector or to or for any person, in order to 
induce any elector to vote or refrain from voting or to vote for or against 
any particular candidate, political party ticket, or ballot issue, may: 

(1) give, lend, agree to give or lend, offer, or promise any money, 
liquor, or valuable consideration or promise or endeavor to procure any 
money, liquor, or valuable consideration ; 

(2) promise to appoint another person or promise to secure or aid in 

securing the appointment, nomination, or election of another person to a 

public or private position or employment or to a position of honor, trust, 

or emolument, in order to aid or promote his nomination or election, except 

that he may publicly announce or define what is his choice or purpose in 

relation to an election in which he may be called to take part, if elected. 

History: En. 23-47-122 by Sec, 22, Ch. 
334, L. 1977, 

23-47-123, Illegal consideration for voting. No person, directly or in- 
directly, by himself or by any other person in his behalf may: 

(1) before or during any election, for voting or agreeing to vote or for 
refraining or agreeing to refrain from voting at the election or for inducing 
another to do so : 

(a) receive, agree, or contract for any money, gift, loan, liquor, valuable 
consideration, office, place, or employment for himself or any other person; 
or 

(b) approach any candidate or agent or person representing or acting 
on behalf of any candidate at the election and ask for or offer to agree or 
contract for any money, gift, loan, liquor, valuable consideration, office, 
place, or employment for himself or any other person; 

(2) after an election, for having voted or refrained from voting or 
having induced any other person to vote or refrain from voting at the 
election : 

(a) receive any money, gift, loan, valuable consideration, office, place, 
or employment ; or 

(b) approach any candidate or any agent or person representing or 
acting on behalf of any candidate and ask for or offer to receive any money, 
gift, loan, liquor, valuable consideration, office, place, or employment for 
himself or any other person. 

Hi-story: En. 23-47-123 by Sec. 23, Ch. 
334, L. 1977. 

170 



ELECTION FRAUDS AND OFFENSES 23-47-127 

23-47-124. Illeg-al assistance to naturalized citizens. No elector, candi- 
date for nomination, nominee, or political committee may pay or offer to 
pay tlie fee for any person who is about to or has made liis declaration of 
intention or who has taken out or is about to take out his final papers as 
a citizen of the United States, with the purpose of influencing that person's 
vote in an election. No person may receive any money or other valuable 
thing to pay such fee or permit the same to be paid for him for such a 
purpose. 

History: En. 23-47-124 by Sec. 24, Ch. 
334, L. 1977. 

23-47-125. Officers and clerks not to influence voter. No officer or clerk 

of election, while acting in liis official capacity, may, by menace, rev.-ard, or 

promise of reward, induce or attempt to induce any elector to cast a vote 

contrary to his original intention or desire. 

History: En. 23-47-125 by Sec, 25, Ch. 
334, L. 1977. 

23-47-126. Coercion or undue influence of voters. (1) No person, di- 
rectly or indirectly, by liimself or any other person in liis behalf, in order 
to induce or compel a person to vote or refrain from voting for any candi- 
date, the ticket of any political party, or any ballot issue before the people, 
may : 

(a) use or threaten to use any force, coercion, violence, restraint, or 
undue influence against any person; or 

(b) 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. 

(2) No person who is a minister, preacher, priest, or other churcli 
officer or who is an officer of any corporation or organization, religious or 
otherwise, may, other than by public speech or print, urge, persuade, or 
command any voter to vote or refrain from voting for or against any 
candidate, political party ticket, or ballot issue submitted to the people 
because of his religious duty or the interest of any corporation, church, or 
other organization. 

(3) No person may, by abduction, duress, or any fraudulent contrivance, 
impede or prevent the free exercise of the franchise by any voter at any 
election or thereby compel, induce, or prevail upon any elector to give or 
to refrain from giving his vote at any election. 

(4) No person may, in any manner, interfere with a voter lawfully 

exercising his right to vote at an election so as to prevent the election from 

being fairly held and lawfully conducted. No person may obstruct the 

doors or entries of any polling place. 

History: En. 23-47-126 by Sec. 26, Ch. 
334, L. 1977. 

23-47-127. Demands and requests of candidates. (1) No person may 
demand, solicit, request, or invite any payment or contribution for any 
religious, political, charitable, or other cause or organization supposed to 
be primarily or prinri])ally for the public good i'vom a person who seeks 
to be or has been nominated or elected to any office in return for political 

171 



23-47-128 ELECTIONS 

support by the donee. No candidato or elected person may make any pay- 
ment or contribution if it is demanded or asked for such a purpose durincr 
t' e time he is a candidate for nomination or election to or an incumbent 
of any office. No payment or contribution for any purpose may be made 
a condition precedeiit to the putting of a nauie 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. 

(2) No person may demand, solicit, ask, or invite any candidate to 
subscribe to the support of any club or organization, buy tickets to any 
entertainment or ball, or subscribe for or pay for space in any book, pro- 
gram, periodical, or other publication in return for political support by the 
donee. No candidate may make any such payment or contribution with 
apparent hope or intent to influence the result of the election. 

(3) This section does not apply to the soliciting of any business ad- 
vertisement for insertion in a periodical in which the candidate was regu- 
larly advertising prior to his candidacy, to ordinary business advertising, 
to his regular payment to any organization (religious, charitable, or other- 
wise) of which he may have been a member or to which he may have been 
a contributor for more than 6 months before his candidacy, or to ordinary 
contributions at church services. 

History: En. 23-i7-127 by Sec. 27, Ch. 
33i, L. 1977. 

23-47-128. Bribing members of political gatherings. (1) No person 
may give or off<'r 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 tlie person to whom such bribe is given or offered 
to be more favorable to one candidate than another. No person who is a 
member of any of the bodies mentioned in this section may receive or offer 
to receive any such bribe. 

(2) A violation of this section is punishable as provided in 94-7-102(2). 

History: En. 23-47-128 by Sec. 28, Cli. 
334, L. 1977. 

23-47-129. Improper nominations. (1) No person may paj^ or promise 
valuable consideration to another, in any manner or form, for the purpose 
of inducing him to be or to refrain from or to cease being a candidate, 
and no person may solicit or receive any payment or promise from another 
for such purpose. 

(2) No person, in consideration of any gift, loan, offer, promise, or 
agreement, as mentioned in subsection (1), may: 

(a) allow himself to be nominated or refuse to allow himself to be 
nominated as a candidate at an election ; 

(b) become, by himself or in combination with any other person or 
persons, a candidate for the purpose of defeating the nomination or election 
of any other person, without a bona fide intent to obtain the office; or 

(c) withdraw if lie has been so nominated. 

(3) Upon complaint made to any district court, the judge shall issue 
a writ of injunction restraining the officer whose duty it is to prepare 

172 



ELECTION FRAUDS AND OFFENSES 23-47-133 

official ballots for a nominating election from placing the name of a person 
thereon as a candidate for nomination to any office if tlie judge is convinced 
that : 

(a) the person lias sought the nomination or seeks to have Ills name 
presented to the voters as a candidate for nomination by any political 
part}' for any mercenary or venal consideration or motive ; and 

(b) his candidacy for tlie nomination is not in good faith. 

History: En. 23-47-129 by Sec. 29, Ch. 
334, L, 1977. 

23-47-130. Providing money for bribery or corrupt practices. No per- 
son may knowingly pay or cause 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. 

History: En. 23-47-130 by Sec. 30, Ch. 
334, L. 1977. 

23-47-131. Illegal contributions. Any person wlio accepts a contribu- 
tion prohibited by Title 23 or Title 37, R.C.M. 1947 ; who makes a contribu- 
tion in excess of the amounts specified in Title 23 or Title 37, R.C.M. 1947 ; 
or who makes a contribution in any manner other tlian that provided in 
Title 23 or Title 37, R.C.M. 1947, is guilty of an illegal practice and is 
punishable by a fine not to exceed $1,000, imprisonment in the county jail 
for a term not to exceed 6 months, or both, for each separate violation. 

History: En. 23-47-131 by Sec. 31, Ch. 
334, L. 1977. 

23-47-132. Publications in newspapers and periodicals. (1) No pub- 
lisher of a newspaper or other periodical may insert, either in its advertising 
or reading columns, any paid matter which is designed or tends to aid, 
injure, or defeat any candidate, any political party or organization, or an}^ 
measure before the people, unless it is stated therein that it is a paid ad- 
vertisement. The name of the chairman or secretary, the names of the 
other officers of the political or other organization inserting tlie same, or the 
name of some voter who is responsible tlierefor (with his address) is to 
appear in such advertisement. 

(2) No person may pay the owner, editor, publisher, or agent of any 
newspaper or other periodical to induce him to editorially advocate or 
oppose any candidate for nomination or election, and no such owner, editor, 
publisher, or agent may accept such payment. 

(3) A person who violates this section is guilty of a misdemeanor. 

History: En. 23-47-132 by Sec. 32, Ch. 
334, L. 1977. 

23-47-133. Election materials not to be anonymous. It is unlawful to 
write, print, publish, mimeograph, type, or otlierwise produce or circulate 
through the mails or otherwise any letter, circular, bill, dodger, pamph.let, 
placard, poster, or other document relating to any election or to any candi- 
date, political party, political committee, or ballot issue at any election, 
unless the same bears on its face the name and address of the person paying 
for the printing or publishing and the name of the printer and publisher. 
A person writing, printing, publishing, circulating, posting, mimeographing, 

173 



23-47-134 ELECTIONS 

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 which fails to bear on its face tlie name and 
address of the person paying for the printing or publishing and the name 
of tlie printer or publisher is guilty of an illegal practice and shall on 
conviction thereof be punished by a fine of not less than $10 or more than 
$1,000. 

History: En. 23-47-133 by Sec. 33, Ch. 
334, L. 1977. 

23-47-134. Unlawful acts of employers and employees. (1) It is un- 
lawful for any employer, in paying his employees the salary or wages due 
them, to enclose their pay in pay envelopes upon which is written or printed 
the name of any candidate or political mottoes, devices, or arguments con- 
taining threats or promises (express or implied) calculated or intended to 
influence the political opinions or actions of such employees. It is unlawful 
for an employer to exhibit in a place where his workers or employees may 
be working any handbill or placard containing any threat, promise, notice, 
or information that in case any particular ticket or political party, organiza- 
tion, or candidate is elected work in his place or establishment will cease, 
in whole or in part, or will be continued or increased ; his place or estab- 
lishment will be closed; the salaries or wages of his workers or employees 
will be reduced or increased; or other threats or promises (express or 
implied) intended or calculated to influence the political opinions or actions 
of his workers or employees. This section shall apply to corporations, indi- 
viduals, and public officers and employees. 

(2) No person may attempt to coerce, command, or require a public 
employee to give money, service, or other thing of value to aid 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 
intended 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 $1,000, be imprisoned in the county jail for a term not 

to exceed 6 months, or both, for each separate offense. 

History: En. 23-47-134 by Sec. 34, Ch. 
334, L. 1977. 

23-47-135. Prohibition of salary increase contribution. A corporation 

may not increase the salary of any officer or emploj'ee or give an emolument 

to any officer, employee, or other person with the intention that the increase 

in salary, the emolument, or any part thereof be contributed to support or 

oppose a candidate or ballot issue. 

History: En. 23-47-135 by Sec. 35, Ch. 
334, L. 1977. 

23-47-136. Proceedings against corporations. In like manner as pre- 
scribed for the contesting of an election, any corporation organized under 

174 



ELECTION FRAUDS AND OFFENSES 23-47-139 

tlie laws of or doing business in the state of Montana may bo brought into 
court on the ground of deliberate, serious, and material violation of the 
provisions of Title 23 or Title 37. The petition shall be filed in the district 
court in the county where the corporation has its principal office or where 
the violation of law is averred to have been committed. The corporation, 
upon conviction, is punishable : 

(1) if it is organized under the laws of this state, by a fine not to 
exceed $10,000, by cancellation of the certificate of incorporation, or by both 
fine and cancellation; or 

(2) if it is a foreign corporation, by a fine not to exceed $10,000, by 

enjoining the corporation from further transacting business in this state, 

or by both fine and injunction. 

History: En. 23-47-136 by Sec. 36, Ch. 
334, L. 1977. 

23-47-137. Transfer of convention credential. No person may invite, 

offer, or effect the transfer of any convention credential in return for any 

payment of money or other valuable thing. 

History: En. 23-47-137 by Sec. 37, Ch. 
334, L. 1977. 

23-47-138. Unla^A-ful for political party to endorse judicial candidate. 

A political party which endorses a candidate for justice of the supreme 

court or district court judge, a person who participates in an endorsement 

by a political party, or a person who acts on behalf of a political party in 

endorsing a judicial candidate is guilty of a misdemeanor. 

History: En. 23-47-138 by Sec. 38, Ch. 
334, L. 1977. 

23-47-139. Prohibition on certain public officers from acting as delegates 
or members of political committees. No holder of a public position, other 
than an office filled by the voters, may be a delegate to a convention for 
the election district that elects the officer or board under whom he directly 
or indirectly holds such position, nor may he be a member of a political 
committee for such district. 

History: En. 23-47-139 by Sec. 39, L. Kepealing Clause 

1977. Section 49 of Ch. .''.34, Laws 1977 re.nd 

"Sections 23-2606, 23-3025, 2.'?-3029, 23- 
Separability Clause p,317^ 23-3717, 23-3820, 23-3821, 23-4511, 

Section 48 of Cli. 334, Laws 1977 read 23-4701, 23-4702, 23-4703, 23-4704, 23-4705, 
"If a part of this act is invalid, all valid 23-4706, 23-4707, 23-4708, 23-47(19. 23-4710, 
parts that arc severable from the invalid 23-4711, 23-4712, 23-4713, 23-4714, 23-471.1, 
part remain in effect. If a part of this 23-4716, 23-4717, 23-4718, 23-4719, 23-472(1, 
act is invalid in one or more of its appli- 23-4721, 23-4723, 23-4724, 23-4732, 23-4738, 
cations, the part remains in effect in all 23-4740, 23-4741, 23-4742, 23-4743. _23- 
valid applications that are severable from 4744.1, 23-4745, 23-4747, 23-4748, 23-4749, 
the invalid applications." 23-4751, 23-4752. 23-4753, 23-4754, 23-4756, 

23-4768, 23-4773, and 23-4793, R. C. M. 
1947, are repealed." 

CHAPTER 48 

CONSTITUTIONAL CONVENTIONS 

Section 

23-4801. Question of holding convention submitted at least every 20 years. 

23-4802. Ballot — form — contents. 

175 



23-4801 ELECTIONS 

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. 

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. 

D FOR CALLING A CONSTITUTIONAL CONVENTION 

n AGAINST CALLING A CONSTITUTIONAL CONVENTION 
History: En. Sec. 2, CIl 36, L. 1973. 

CHAPTER 49— PUBLIC CAMPAIGN FUND ACT 

Section 

23-4901. Short title, 

23-4902. Definitions. 

23-4903. Designation by taxpayer. 

23-4904. Public campaign fund. 

23-4P0.5. Records to be kept — open to inspection. 

23-4906. Penalties for violation. 

23-4901. Short title. This chapter may be cited as "The Public Cam- 
paign Fund Act". 

History: En. 23-4901 by Sec. 1, Ch. 263, Amendments 

L. 1974; amd. Sec. 1, Ch. 533, L. 1977. The 1977 amendment rewrote this sec- 

tion which read "It is llic purpose of this 
art to allow the conduct of an experiment 



Title of Act 



An act creating a gubernatorial cam- in the public financing of political cam- 
paign fund; allowing a taxpayer 1o desig- paigns in this state; to determine public 
nate one dollar ($1) of his tax liability maction to grass roots participation in 
to that fund; providing that moneys be campaign financing through a designation 
paid from the fund to the treasurer of by a taxpayer of one dollar ($1) of his 
each qualifying political party to be used tax liability to a campaign fund; and to 
for gubernatorial campaign expenses; pro- allow legislative review of public cam- 
viding for a penalty for misuse of the paign financing based upon the results of 
funds; and providing for a termination tlie limited experiment authorized by this 
date. act." 

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. 

176 



PUBLIC CAMPAIGN FUND ACT 23-4905 

(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 oflBce as verified by the secretary of state. 

(3) "Department" means the department of revenue provided for in 
Title 82A, chapter 18. 

(4) "Candidate"' means an individual who lias been nominated by a 
political party for election to public office in this state. 

(5) "Individual" means a natural person. 

History: En. 23-4902 by Sec. 2, Ch. 263, Amendments 

L. 1974; amd. Sec. 2, Ch. 538, L. 1977. The 1977 amendment substituted "pub- 

lic office in this state" in subdivision (4) 
for "the ollice of governor of this state." 

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. Public campaign fund. (1) There is a public campaign fund 
witliin the earmarked revenue fund provided for in seel ion 79-410. 

(2) All monies designated under section 2 [2.3-4902] of this act .shall 
be deposited in the fund. 

(3) Five (.5) months before the general election in a gubernatorial 
election year all monies in the fund sliall be paid over in ecjual amounts to 
the treasurer of each political party, to be spent only for the legitimate 
campaign expenses of candidates for public offices whieh offices have been 
designated by the legislature. 

History: En. 23-4904 by Sec. 4, Ch. 263, for "an election campaign fund"; and 
L. 1974; amd. Sec, 3, Ch. 538, L. 19"; 7. substituted "candidates for public offices 

which offices have been designated by the 
Amendments legislature" at the end of subsection (3) 

The 1977 amendment substituted "a for "the gubernatorial candidate." 
public campaign fund" in subsection (1) 

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. 

177 



23-4906 ELECTIONS 

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 a designated public office 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, Repealing Clause 

L 1974- amd. Sec. 4, Ch. 538, L. 1977. Section 5 of Ch. 538, Laws 1977 read 

"Section 7, Chapter 263, Laws of 1974, 

Amendments iy repealed." 

The 1977 amendment substituted "a des- 
ignated public office" for "governor." 



178 



INITIATIVE AND REFERENDUM 37-115 



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 emploj^ee 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 to 37-110. (99 to 108) Repealed. 

Repeal 1973; Sees. 1 to 3, Ch. 108, L. 1974; Sec. 

Sections 37-101 to 37-110 (Sees. 1 to 10, 15, Ch. 326, L. 1974; Sec 1 Ch. 330, L. 

Ch. 62. L. 1907; Sees. 1, 2, Ch. 66, L. 1975 ; Sees. 1 to 10 Ch. 354 L 197o; Sec. 

1913; Sec. 1, Ch. 52, L. 1927; Sec. 1, Ch. 4 Ch 38, L 1977; Sec. 47, Ch. 334, L. 

137, L. 1927; Sec. 1, Ch. 18, L. 1937; Sec. ^^^^'^ Sees. 68, 69, 72, IZ, Ch. 365, L. 

2, Ch. 104, L. 1945; Sec. 1, Ch. 67, L. 1947; ^"^^T)- relating to state initiative and ref- 
Sec. 1. Ch. 22, L. 1963; Sec. 1, Ch. 21, L. erendum, were repealed by Sec. 29, Ch. 
1969; See. 4, Ch. 35, L. 1973: See. 1, Ch. 342, L. 1977. 

2>1, L. 1973; Sees. 1 to 8, Ch. 454, L. 

37-111. Informational pamphlets. (1) Whenever a ballot issue is to 
be submitted to the people the .secretary of state .<^hall have printed 
pamphlets containing- the information specified in 37-107. 

(2) Whenever more than one ballot issue is to be voted on at a 
single election, the secretary of state may pubbsh a single pamphlet for 
all of the ballot issues. 

i'S) The ])amphlets are to be distributed as provided in v^-lO?. 

History: En. 37-111 by Sec. 74, Ch. parts that are severable from the invalid 
365 L. 1977. part remain in effect. If a part of this act 

is invalid in one or more of its applica- 
Compiler's Notes tions, the part remains in effect in all 

Section 37-107, cited in this section, valid applications that are severable from 
was repealed by Sec. 29, Ch. 342, L. 1977. the invalid applications." 

See sec. 37-128. 

Repealing Clause 

Separability Clause Section 76 of Ch. 365. Laws 1977 read 

Section 75 of Ch. 365, Laws 1977 read "Sections 23-3021, 23-3030. and 23-4404. 
"If a part of this act is invalid, all valid R. C. M. 1947, are repealed." 

37-112 to 37-114. Reserved. 

37-115. Initiative and referendum procedures established. The right 
of the people to petition to enact laws by initiative, to petition to approve 
or reject by referendum any act of the legislature except an appropriation 

179 



37-116 ELECTION LAWS 

of money, to call for a vote on whether there shall be a constitutional con- 
vention, and to propose constitutional amendinents by initiative as guar- 
anteed by The Constitution of the State of Montana may be exercised 
through adherence to the procedures established in this chapter. 

History: En. 37-115 by Sec. 1, Ch. 342, sections 23-2704, 23-2802, 23-3326, and 89- 

L. 1977. kSSO.S, R. C. M. 1947; and repealing sec- 
tions 37-101 through 37-104, 37-104.1, 37- 

Titleof Act 104.2, 37-104.3, 37-104.4, 37-104.5, 37-104.6, 

An act to generally revise the laws 37-104.7, 37-104.8, 37-104.9, 37-104.10, 37- 

implcmenting the constitutional right of 105 through 37-110, and 37-201 through 

the people to petition for initiative and 37-203, R. C. M. 1947. 
referendum on statewide issues; amending 

37-116. Who may petition — sufficiency of signature. A petition for 
the initiative, the referendum, or to call a constitutional convention may 
be signed only by a qualified elector of the state of Montana. A signature 
may not be counted unless the elector has signed in substantially the 
same manner as on the voter registry card. 

History: En. 37-116 by Sec. 2, Ch. 342, 
L. 1977. 

37-117. Form of petition generally — approval of form required — peti- 
tions numbered. (1) A petition for the initiative, the referendum, or to 
call a constitutional convention must be substantially in the form pro- 
vided by this chapter. Clerical or technical errors that do not interfere 
with the ability to judge the sufficiency of signatures on the petition do 
not render a petition void. 

(2) Petition — Petition sheets may not exceed 8j/< x 14 inches in size. 
Separate sheets of a petition may be fastened in sections of not more than 
25 sheets. Near the top of each sheet containing signature lines must be 
printed the title of the statute or constitutional amendment proposed or 
the measure to be referred or a statement that the petition is for the pur- 
pose of calling a constitutional convention. If signature lines are printed 
on both the front and back of a petition sheet the information required 
above mtist appear on both the front and back of the sheet. The complete 
text of the measure proposed or referred nuist be attached to or contained 
within each signature sheet if sheets are circulated separately. If sheets are 
circulated in sections the complete text of the measure miust be attached 
to each section. 

(3) Before a petition may be circulated for signatures, a sample sheet 
must be submitted to the secretary of state in the form in which it will 
be circulated. The secretary of state shall refer a copy of the sheet to the 
attorney general for his approval. The secretary of state and attorney 
general must each review the sheet for sufficiency as to form and approve 
or reject the form of the petition stating his reasons therefor. The attorney 
general shall return the sheet together with his comments within 3 v.-ork- 
ing days after receiving it. The secretary of state shall review the com- 
ments of the attorney general and make a final decision as to the approval 
or disapproval of the form of the sheet. The secretary of state must notify 
the person who submitted the sheet of the approval or rejection together 
with reasons for rejection, if applicable, within 1 week of receiving the 
sheet. 

180 



INITIATIVE AND REFERENDUM 37-119 

(4) The secretary of state shall serially number all submitted petitions 
that are approved as to form continuously from year to year. The number- 
ing- system shall disting-uish the different types of petitions received and 
include provisions for numbering measures referred to the people by the 
legislature. 

History: En. 37-117 by Sec. 3, Ch. 342, 
L. 1977. 

37-118. Petition for the initiative. (1) The following is substantially 
the form for a petition calling for a vote to enact a law by the initiative: 

WARNING 

A person who purposefully signs a name other than his own to this 
petition or who signs his name more than once upon a petition for the 
same issue at one election or who is not. at the time he signs this petition, 
a qualified elector of the state of Montana is punishable by a fine not ex- 
ceeding $500 or imprisonment in the county jail for a term not to exceed 
6 months, or both, or imprisonment in the state prison for a term not to 
exceed 10 years. 

PETITION FOR INITIATn^E 

To the Honorable , Secretary of State of the state of Mon- 
tana : 

We. the undersigned qualified electors of the state of Montana, re- 
spectfully propose that the measure printed within this petition, en- 
titled (title of proposed law), be submitted to the qualified electors of 
the state of Montana for their approval or rejection at the general election 

to be held on the da}^ of . 19 — . By his signature, each 

signer certifies : I have personally signed this petition ; I am a qualified 
elector of the state of Montana ; I b.ave not signed another petition for 
the same issue for the same election; and my post-office address and legis- 
lative representative district number arc correctly written after my name 
to the best of my knowledge and belief. 

(2) Numbered lines shall follow the above heading. Each numbered 

line shall contain spaces for the signature, post-offfce address, legislative 

representative district number, and printed last name of the signer. 

History: En. 37-118 by Sec. 4, Ch. 342, 
L. 1977. 

37-119. Petition for the referendum. (1) The following is substan- 
tially the form for a i)etition calling for approval or rejection of an act of 
the legislature by the referendum: 

WARNING 
A person who purposefully signs a name other than his own to this 
petition or who signs his name more than once upon a ])etition for the 
same issue at one election or who is not, at the time he signs this petition. 
a qualified elector of the state of Montana is punishable by a fine of not 
exceeding $500 or imprisonment in the county jail for a term not to exceed 
6 months, or both, or imprisonment in the state prison for a term not to 
exceed 10 years. 

181 



37-120 ELECTION LAWS 

PETITION FOR REFERENDUM 

To the Honorable , Secretary of State of the state of Mon- 
tana: 

Y\'e, the undersigned qualified electors of the state of Montana, respect- 
fully petition that Senate (House) Bill Number , entitled (title of 

act), passed by the Legislature of the state of Montana at 

the regular (special) session of the legislature that commenced , 

19- — , be referred to the pecjple of the state for their approval or rejection 

at the general election to be held on the day of , 

19 — . By his signature, each signer certifies: I have personally signed this 
petition; I am a cjualified elector of the state of Montana; I have not 
signed another i)etition for the same issue for the same election ; and my 
post-office address and legislative representative district number are 
correctly written after my name to the best of my knowledge and belief. 

(2) Numbered lines shall follow the above heading. Each numbered 

line shall contain spaces for the signature, post-office address, legislati\e 

representative district number, and printed last name of the signer. 

History: En. 37-119 by Sec. 5, Ch. 342, 
L. 1977. 

37-120. Petition for initiative for constitutional convention. (1) The 
following is substantially the form for a petition to direct the secretary 
of state to submit to the qualified voters the ciuestion of whether there 
shall be a constitutional convention : 

A\'ARXING 
A person who purposefully signs a name other than his own to this 
petition or who signs his name more than once upon a petition for the 
same issue at one election or who is not. at the time he signs this petition, 
a cjualified elector of the state is punishal)le l)y a fine not exceeding $500 
or imprisonment in the county jail for a term not to exceed 6 months, or 
both, or imprisonment in the state })rison for a term nt)t to exceed 10 years. 

IXITIATR'E PETI'llUN ON THE QUESTION OF CALLING 
A CONSTITUTIONAL CONVENTION 

To the Honorable , Secretary of State of the state of Mon- 
tana: 

\'\'e, the undersigned qualified electors of the state of Montana, respect- 
fully {)etition that the question of whether there shall be an unlimited con- 
vention to revise, alter, or amend The Constitution of the State of Montana 
be submitted to the qualified electors of the state of Alontana for their 

approval or rejection at the general election to be held on the day 

of , 19 — . By his signature, each signer certifies : I have per- 
sonally signed this petition; I am a qualified elector of the state of Mon- 
tana; I have not signed another petition for the same issue for the same 
election ; and my post-office address and legislative representative district 
number are correctly written after my name to the best of my knowledge 
and belief. 

(2) Numbered lines shall follow the above heading. Each numbered 
line shall also contain spaces for the signature, post-office address, legisla- 

182 



INITIATIVE AND REFERENDUM 37-122 

live representative district number, and printed last name of the signer. 

History: En. 37-120 by Sec. 6, Ch. 342, 
L. 1977. 

37-121. Petition for initiative for constitutional amendment. (1) The 
following is substantially the form for a petition for the initiative to amend 
the constitution : 

WARNING 

A person who purposefully signs a name other than his own to this 
I)etition or who signs jiis name more than once U])()n a ])etition for the 
same issue at one election or who is not, at the time he signs this petition, 
a qualilied elector of the state of Montana is punishable by a fnie not 
exceeding $500 or im])risonment in the county jail for a term not to exceed 
6 months, or both, or imprisonment in the state prison for a term not to 
exceed 10 years. 

PETITION PROPO.SING A CONSTITLJTIOXAL AMENDMENT 

RY TUK INITIATIVE 

To the Honorable . Secretary of State of the state of Mon- 
tana: 

We, the undersigned qualified electors of the state of Montana, respect- 
fully petition that the constitutional amendment printed within this ])etition 
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 

(lav of ■ 19 — . By his signature, each signer certifies: I have 

personally signed this petition; I am a qualified elector of the state of 
Montana ; I have not signed another petition for the same issue for the 
same election ; and my post-office address and legislative representative dis- 
trict number are correctly written after my name to the l^est of my knowl- 
edge and belief. 

(2) Numbered lines shall follow the above heading. Each numbered 
line shall contain spaces for the signature, post-office address, legislative 
representative district number, and printed last name of the signer. 

History: En. 37-121 by Sec, 7, Ch. 342, 
L. 1977. 

37-122. Submission of petition sheets — certification of signatures. (1) 
Signed sheets or sections of petitions shall be submitted to the official 
responsible for registration of electors in the county in which the signa- 
tures were obtained no sooner than 1 year and no later than 2 weeks 
before the final date for filing the petition with the secretary of state. In 
no case, however, may a person submit a sheet or section of a petition to 
the county official so late as to allow less than 1 working day before the 
final date for filing the petition with the secretary of state for every 200 
signatures on the sheets or sections of the petition submitted. 

(2) An affidavit, in substantially the following form, shall be attached 
to each sheet or section submitted to the county official : 

(Name of person circulating petition), affirms, or being first sworn, 
deposes and says : That I circulated or assisted in circulating the petition 

183 



37-123 ELECTION LAWS 

to which this affidavit is attached and I l^elieve the signatures thereon are 
genuine, are the signatures of the persons whose names they purport to 
be, and that the signers knew the contents of the petition before signing 
the same. 



(Signature) 

Subscribed and sworn to before me this day of , 19 — . 

(Person authorized to take oaths) 

Seal (Title or notarial information) 

History: En. 37-122 by Sec. 8, Ch. 342, 
L. 1977. 

37-123. County official to forward verified sheets. (1) The county 
official verifying the number of registered electors signing the petition 
shall forward it to the secretary of state by certified mail with a certificate 
in substantially the following form attached : 

To the Honorable , Secretary of State of the state of Mon- 
tana : 

I, , (title) of the County of , certify 

that I have examined the attached (section containing — — ■ sheets) or 

(- — ■ sheets) of the petition for (referendum, initiative, constitutional 

convention, or constitutional amendment) No. • in the manner 

prescribed by law ; and I believe that (number) signatures in Leg- 
islative Representative District No. (repeat for each district in- 
cluded in sheet or section) are valid ; and I further certify that the af- 
fidavit of the circulator of the (sheet) (section) of the petition is attached 
and the post-office address and legislative representative district number 
is completed for each valid signature. 

Signed: (Date) (Signature) 

Seal (Title) 

(2) The county official certifying the sheets or sections of a petition 
shall keep a copy of the sheets or sections certified in the official files of 
his office. The copies may be destroyed 3 months after the date of the 
election specified in the petition unless a court action is pending on the 
sufficiency of the petition. 

(3) The county official receiving the sheets or sections of a petition 
shall check the names of all signers to verify they are registered electors 
of the county. In addition, the official shall randomly select signatures on 
each sheet or section and compare them with the signatures of the electors 
as they appear in the registration records of the office. If all the randomly 
selected signatures appear to be genuine, the number of signatures of reg- 
istered electors on the sheet or section may be certified to the secretary 
of state without further comparison of signatures. If any of the randomly 
selected signatures do not appear to be genuine, all signatures on that 
sheet or section must be compared with the signatures in the registration 
records of the office. 

(4) The county official to whom the sheets or sections of the peti- 
tion are submitted may not retain a sheet or section for longer than 1 
working day for each 200 signatures on the sheet or section. The secretary 

184 



INITIATIVE AND REFERENDUM 37-125 

of state may extend this time if he is convinced the workload involved 
requires extension. 

(5) A registered elector of a county having reason to believe that sig- 
natures on a petition that were not among those actually compared with 
signatures in the registration records of the county are not genuine may 
file a sworn statement or affirmation of his belief and request for compari- 
son of those signatures he believes are not genuine with the county official 
certifying the sheet or section of the petition. If any of the challenged 
signatures are not genuine, the county official mu.-^t compare all signatures 
on that sheet or section and issue an amended certificate to the secretary 
of state giving the correct number of valid signatures. 

History: En. 37-123 by Sec. 9, Ch. 342, 
L. 1977. 

37-124. Consideration and counting of signatures by secretary of state. 
(1) The secretary of state shall consider and count only such signatures 
on petitions as are certified by the proper county official, and each such 
certificate is prima facie evidence of the facts stated therein. However, the 
secretary of state may consider and count any signature not certified by 
the county official that is certified by a notary public of the county in 
which the signer resides to be the genuine signature of an elector legallv 
qualified to sign the petition. 

(2) The official certificate of the notary public for any signature not 
certified as valid by the county official shall be in substantially the follow- 
ing form : 

State of Montana ) 

County of ) 

I. (name), a duly qualified and acting notary public in 

and for the above-named county and state, do hereby certify : that I am 
personally acquainted with each of the following-named electors whose 
signatures are affixed to the annexed (petition) (copy of a petition), and 
I know of my own knowledge that they are registered electors of the state 
of Montana and of the county and legislative district written after their 
names in the petition and that their post-office address is correctly stated 
therein. 

■ — (Names of such electors) 

In Testimony Whereof, I have hereunto set my hand and official seal 
this day of — . 19 . 

(Signature) 

Seal (Notarial information) 

History: En. 37-124 by Sec. 10, Ch. 342, 
L. 1977. 

37-125. Time for filing. Unless a specific time for filing is provided 

in the constitution, all petitions filed with the secretary of state, certified as 

provided by law, must be received before 5 p.m. of the second Friday 

of the fourth month prior to the election at \\ hich they are to be voted upon 

by the people. 

History: En. 37-125 by Sec. 11, Ch. 
342, L. 1977. 

185 



37-126 ELECTION LAWS 

37-126. Certification of petition to governor — governor's proclamation. 
When sheets or sections of a })etiti(jn for referendum, initiative, constitu- 
tional convention, or constitutional amendment containing a sufificient 
number of signatures have been filed with the secretary of state within 
the time required by the constitution or by law. he shall immediately 
certify to the governor that the completed petition has been of^cially 
filed. The governor shall include the titles of all ballot issues certified 
to him by the secretary of state or referred to the people or proposed by 
the legislature in the proclamation required by 23-2901 and shall also in- 
clude a brief statement of each issue's tenor and efifect. 

History: En. 37-126 by Sec. 12, Ch. 
342, L. 1977. 

37-127. Transmittal of issues to the attorney general — attorney gen- 
eral's statement. (1) The secretary of state shall transmit a copy of a 
ballot issue proposed by any type of initiative petition or referred to the 
people by referendum petition and a copy of the form in which the issue 
will appear on the ballot to the attorney general on the same day he cer- 
tifies the of^cial filing of the completed i^etition to the governor. 

(2) The secretary of state shall transmit a copy of an act referred 
to the people or a constitutional amendment proposed by the legislature 
and a copy of the form in which the issue will appear on the ballot to the 
attorney general no later than 6 months before the election at -which the 
issue will be voted on by the people. 

(3) Within 10 days after receiving a copy of a ballot issue that will 
be voted on by the people, the attorney general shall return to the secre- 
tary of state a statement not exceeding 100 ■\\ords in ordinary plain lan- 
guage explaining the general ])urpose of the issue submitted. The state- 
ment by the attorney general shall give a true and impartial statement 
of the purposes of the issue in plain, easil}' understood language and in a 
manner that is not an argument or likely to create prejudice either for 
or against the issue. 

(4) At the same time he returns the statement explaining the pur- 
poses of the issue, the attorney general shall notif}- the secretary of state 
of his approval or disapproval of the ballot form for the issue submitted 
by the secretary. If the ballot form is not approved, the secretary of state 
shall immediately submit a new ballot form and notice of approval or 
disapproval must be given by the attorney general within 5 days of re- 
ceiving the new form. 

(5) If statements of the implication of a vote for or against a ballot 
issue have been jjrovided by the legislative act or petition placing the 
issue on the ballot, the secretary of state shall include a copy of the state- 
ments with the copy of the issue submitted to the attorney general. Wlien 
the attorney general returns his statement of the general purpose of the 
issue to the secretary of state, he shall include a notice that he has reviewed 
the statements of the implication of a vote for or against the issue and may 
include comments as to whether the statements clearly explain the impli- 
cations of a vote. If statements of the implication of a vote for or against 
a measure have not been provided, the attorney general shall provide the 
statements with his statement of the general purpose of the issue. State- 

186 



INITIATIVE AND REFERENDUM 37-128 

ments of the implication of a vote for or against a l)allot issue shall he 
no more than 25 words and shall be in simple lang-uag-e clearly explaining 
the meaning- of a vote for the issue or a vote against the issue. Such state- 
ments shall be placed beside the diagram ])rovided for the marking of the 
ballot similar to the following example : 

FOR extending the right to vote to persons 18 years of age. 
AGAINST extending the right to vote to persons 18 years of age. 

(6) In the case of an act referred to the ])eople or a constitutional 
amendment proposed by the legislature, the secretary of state shall pre- 
pare a statement setting forth the vote by which the issue passed each 
house of the legislature. The secretary of state shall file an official copy 
of his statement with the attorney general's statement on the issue in the 
official records of his office. 

History: En. 37-127 by Sec. 13, Ch. 
342, L. 1977. 

37-128. Voter information pamphlet. (1) fa) The secretary of state 
shall prepare for printing a voter information pamphlet containing the 
following information for each ballot issue to be voted on at an election, 
as applicable : 

(i) title and complete text of the issue ; 

fii) statement of the secretary of state ; 

(iii) statement of the attorney general ; 

(iv ) the form in which the issue will appear on the ballot ; 

(v) arguments advocating appru\al and rejection of the issue; and 

(vi) rebuttal arguments. 

(b) The secretary of state may arrange the information in the order 
which seems most appropriate, but the information for all issues in the 
pamphlet shall be presented in the same order. 

(2) The arguments advocating approval or rejection of the ballot 
issue and rebuttal arguments shall be submitted to the secretary of state 
by committees appointed as provided in this subsection : 

(a) The committee advocating approval of an act referred to the 
people or a constitutional amendment proposed by the legislature or an 
act referred to the people by referendum petition shall be composed of one 
senator known to favor the measure, appointed by the president of the sen- 
ate ; one representative known to favor the measure, appointed by the 
speaker of the house of representatives; and one member who need not be a 
member of the legislature, appointed by the first two members. 

(b) The committee advocating rejection of a ballot issue referred to 
the people or proposed by the legislature shall be comjjosed of one senator 
appointed by the president of the senate ; one representative appointed by 
the speaker of the house of representatives ; and one member who need not 
be a member of the legislature, appointed by the first two members. When- 
ever possible, the members shall be known to have opposed the issue. 

(c) A three-member committee advocating approval of a ballot issue 
proposed by any type of initiative petition or advocating rejection of any 
ballot issue that is a legislative act referred to the people by referendum 

187 



37-129 ELECTION LAWS 

petition shall be appointed l)y the chairman of the organization that was 
first on record v,ith the commissioner of campaii^n finances and practices 
as a pro]wnent of the petition. 

(d) A committee advocatinj^ rejection of a l)allot issue proposed by 
any type of initiative petition shall be composed of five members. The gov- 
ernor, attorney general, president of the senate, and speaker of the house 
of representatives shall each appoint one member, and the fifth member 
shall be appointed by the first four members. All members shall be known 
to favor rejection of the issue. 

History: En. 37-128 by Sec. 14, Ch. 
342, L. 1977. 

37-129. Time for making appointments — chairman. (1) Appointments 
to committees advocating approval or rejection of an act referred to the 
people or a constitutional amendment proposed by the legislature shall 
be filed with the secretary of state no later than 4 months before the elec- 
tion at which the ballot issue will be voted on by the people. 

(2) Appointments to committees advocating approval or rejection of 
a ballot measure referred to the people by referendum petition or proposed 
by any type of initiative petition shall be filed with the secretary of state 
no later than 10 days after the measure is certified to the governor. At 
the same time the certification of the sufficiency of a petition is made to 
the governor, the secretary of state shall notify all persons responsible 
for appointing members of committees advocating approval or rejection 
of the issue of the date by which such appointments must be filed in his 
ofifice. 

(3) The appointee of the president of the senate is the chairman of 
any committee to which that officer makes an appointment. The appoint- 
ing authoritv for other committees shall name a chairman at the time the 
appointments are made. 

History: En. 37-129 by Sec. 15, Ch. 
342, L. 1977. 

37-130. Expenses allowed. Each committee is entitled to receive 

funds for the preparation of arguments and expenses of members not to 

exceed $150 for a three-member committee and $250 for a five member 

committee. Itemized claims for actual expenses incurred, approved by a 

majority of the committee, shall be submitted to the secretary of state 

for payment from funds appropriated for that purpose. 

History: En. 37-130 by Sec. 16, Ch. 
342, L. 1977. 

37-131. Limitation on length of argument advocating approval or re- 
jection — time of filing. An argument advocating approval or rejection of 
a ballot issue is limited to 500 words and shall be filed, in typewritten form, 
with the secretary of state no later than 30 days following the date by 
which the appointment of the committee was required to be filed with 
the secretary of state. In no case, however, may an argument be submitted 
for filinsT later than 70 davs before the election at which the issue will 
be voted on by the people. A majority of the committee resi)onsible for 
preparation must approve and sign each argument filed. Separate signed 

188 



INITIATIVE AND REFERENDUM 37-134 

letters of approval of an argument may be lilcd with the secretary 
of state by members of a committee if necessary to meet the filing dead- 
line. 

History: En. 37-131 by Sec. 17, Ch. 
342, L. 1977. 

37-132. Rebuttal aiguments. The secretary of state shall provide 

copies of the arguments advocating approval or rejection of a ballot 

issue to the members of the adversary committee no later than 1 day 

following the filing of both the approval and rejection arguments for the 

issue in his office. The committees may prepare rebuttal arguments no 

longer than 250 words that shall be filed, in typewritten form, with the 

secretary of state no later than 10 days after the deadline for filing the 

original arguments. Discussion in the rebuttal argument must be confined 

to the subject matter raised in the argument being rebutted. The rebuttal 

argument shall be approved and signed by a majority of the committee 

responsible for its preparation. Separate signed letters of approval may 

be submitted in the same manner as for the original arguments. 

History: En. 37-132 by Sec. 18, Ch. 
342, L. 1977. 

37-133. Rejection of improper arguments — responsibility of author for 
content. (1) The secretary of state shall reject, with the approval of the 
attorney general, an argument or other matter held to contain obscene, 
vulgar, profane, scandalous, libelous, or defamatory matter; 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 voter information pamphlet. 

(2) Nothing in this act relieves an author of any argument from civil 

or criminal responsibility for statements contained in an argument 

printed in the voter information pamphlet. 

History: En. 37-133 by Sec. 19, Ch. 
342, L. 1977. 

37-134. Printing and distribution of voter information pamphlet. (1) 
The secretary of state shall arrange with the department of administration 
l)y requisition for the printing and delivery of a voter information pamphlet 
for all ballot issues to be submitted to the people at least 90 days before the 
election at which they will be submitted. The requisition shall include a 
delivery list providing for shipment of the required number of pamphlets 
to each county and to the secretary of state. 

(2) The secretary of state shall estimate the number of copies neces- 
sary to furnish one cojjy to every voter in each county and provide for an 
extra supply of the pamphlets in his office in determining the number of 
voter pamphlets to be ordered in the requisition. 

(3) The department of administration shall call for bids and contract 
with the lowest bidder for the printing and delivery of the voter information 
pamphlet. The contract shall require completion of printing and shipment, 
as specified on the delivery list, of the voter information pamphlets by not 

189 



37-135 ELECTION LAWS 

later than 30 days before the election at which the ballot issues will be 
voted on by the people. 

(4) The county official responsible for voter registration in each coun- 
ty shall mail one copy of the voter information pamphlet to each registered 
voter of the county no later than 2 weeks after the pamphlets are received 
from the printer. 

(5) Ten copies of the voter information pamphlet shall be available 
at each precinct for use by any voter wishing to read the explanatory 
information and complete text before voting on the ballot issues. 

History: En. 37-134 by Sec. 20, Ch. 
342, L. 1977. 

37-135. Secretary of state to certify ballot form. (1) The secretary 
of state shall furnish to the official of each county responsible for prepara- 
tion and printing of the ballots, at the same time as he certifies the names 
of the persons who are candidates for offices to be filled at the election, 
a certified copy of the form in which each ballot issue to be voted on 
by the people at that election is to appear on the ballot. Unless otherwise 
provided in the legislative act or petition placing the issue on the ballot, 
the secretary of state shall list for each issue the number, the method 
of placement on the ballot, the title, and the statements of the implication 
of a vote for or against the issue that are to be placed beside the diagram 
for marking the ballot. The secretary of state shall use for each ballot 
issue the title of the legislative act, legislative constitutional proposal, or 
ballot issue proposed by any type of initiative petition unless that title 
exceeds 100 words. A title of 100 ^\'ords or less for the ballot shall be pro- 
vided by the legislature or the organization circulating the petition if the 
official title exceeds 100 words. Following the number of the ballot issue, 
the secretary of state shall include one of the following statements to 
identify why the issue has been placed on the ballot : 

(a) an act referred by the legislature ; 

(b) an amendment to the constitution proposed by the legislature; 

(c) an act of the legislature referred by referendum petition; or 

(d) a law or constitutional amendment proposed by initiative i)etition. 
(2) Each of the county officials responsible for the preparation and 

printing of the ballots shall print the ballot issues on the official ballot in 
the form and order in which the issues have been certified by the secretary 
of state. All ballot issues shall be placed on the official ballot prescribed 
by 23-3506, 23-3804, or 23-3904 unless specific written approval by the sec- 
retary of state for placing the ballot issues on a separate ballot is re- 
ceived by the official responsible for printing the ballot. The secretary 
of state may issue such approval only when the number of issues to be 
voted on at an election makes it impossible to print the entire ballot, 
including the ballot issues, on the official ballot as prescribed by 23-3506, 
23-3804, or 23-3904. 

History: En. 37-135 by Sec. 21, Ch. 
342, L. 1977. 

37-136. Determination of result of election. (1) The votes on ballot 
issues shall be counted, canvassed, and returned by the regular boards of 

190 



INITIATIVE AND REFERENDUM 37-138 

judges, clerks, and ofificers as votes for candidates are counted, canvassed, 
and returned. The alxstract of votes on ballot issues shall be prepared and 
returned to the secretary of state in the manner provided by 23-4015 for 
abstract of votes for state officers. The state board of canvassers shall pro- 
ceed within 20 days after the election at which such ballot issues are 
voted upon and, at the same time as the votes for state officers are can- 
vassed, canvass the votes given for each ballot issue. The secretary of state, 
as secretary of the board of state canvassers, shall prepare and file in 
his office a statement of the canvass giving the number and title of each 
issue, the whole number of votes cast in the state for and against each 
ballot issue, and the efifective date of each ballot issue approved by a major- 
ity of those voting on the issue. The secretary of state shall transmit 
a certified copy of the statement of the canvass to the governor. 

(2) The secretary of state shall send a certified copy of all ballot 
issues which have been approved by a majority of those voting on the 
issue and a copy of the statement of the canvass to the executive director 
of the legislative council at the same time he transmits a certified copy of 
the statement of the canvass to the governor. 

History: En. 37-136 by Sec. 22, Ch, 
342, L. 1977. 

37-137. Effective date of initiative and referendum issues. (1) Unless 
the petition placing an initiative issue on the ballot states otherwise, an 
initiative issue approved by the people is efifective on July 1 following 
approval. 

(2) Unless the legislature provides otherwise, a constitutional amend- 
ment proposed by the legislature and approved by the people is efifective 
on July 1 following approval. 

(3) Unless specifically provided by the legislature in an act referred 
by it to the people or until suspended by a petition signed by at least 
15% of the qualified electors in a majority of the legislative representative 
districts, an act referred to the people is in effect as provided by law until 
it is approved or rejected at the election. An act that is rejected is re- 
pealed efifective the date the result of the canvass is filed by the secretary 
of state under 37-136. An act referred to the people that was in effect at 
the time of the election and is approved by the people remains in eflfect. 
An act that was suspended by a petition and is approved by the people is 
efifective the date the result of the canvass is filed by the secretary of state 
under 37-136. An act referred by the legislature that contains an efifective 
date following the election becomes effective on that date if approved 
by the people. An act that provides no effective date and whose substantive 
provisions were delayed by the legislature pending approval at an election 
and that is approved is efifective July 1 following the election. 

History: En. 37-137 by Sec. 23, Ch. 
342, L. 1977. 

37-138. Violations — penalties. A person who knowingly makes a false 
entry upon a petition or affidavit required by this chapter or who knowingly 
signs a petition to place the same issue on the ballot at the same election 
more than once is guilty of unsworn falsification or tampering with public 

191 



37-201 ELECTION LAWS 

records or information, as appropriate, and is punishable as provided in 

94.7.204 or 94-7-209, as applicable. 

History: En. 37-138 by Sec. 24, Ch. 
342, L. 1977. 

CHAPTER 2— INITIATED CONSTIT JTIONAL AMENDMENTS AND 

CONVENTIONS 

(Repealed — Section 29, Chapter 342, Laws of 1977) 

37-201 to 37-203. Repealed. 

Repeal 1977), relating to initiated constitutional 

Sections 37-201 to 37-203 (Sees. 1 to 3, amendments and conventions, were re- 

Ch. 35, L. 1973; Sees. 70, 71, Ch. 365, L. Pealed by Sec. 29, Ch. 342, Laws 1977. 

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 
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- 

192 



INITIATIVE AND REFERENDUM 37-306 

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, except-'ng also emergency 
measures, and in the case of emergency measures the emergency must be 
expressed in the preamble or in the body of the measure, and the measure 
must receive a two-thirds (^) vote of all the members of the board. 
Emergency resolutions shall include only such measures as are immedi- 
ately necessary for the preservation of peace, health, and safety. 
History: En. Sec. 3, Ch. 64, L. 1973. 

37-304. Petition to refer commissioners* resolution to electors. Dur- 
ing the thirty (30) days following the passage of any resolution, ten per 
cent (10%) of the qualified electors of the county may, by petition ad- 
dressed to the board .rid filed with the county clerk, demand that such 
resolution, or any part or parts thereof, shall be submitted to the electors 
of the county. 

History: En. Sec. 4, Ch. 64, L. 1973. 

37-305. Election at which referred measure submitted — special elec- 
tion. Any measure on which a referendum is demanded under the pro- 
visions of this act shall be submitted to the electors of the county at the 
next county election provided the petition or petitions were filed with 
the county clerk at least thirty (30) days before such election. If such 
petition or petitions be signed by not less than fifteen per cent (15%) of 
the qualified electors of the county, the measure shall be submitted at a 
special election to be held for the purpose. 
History: En. Sec. 5, Ch. 64, L. 1973. 

37-306. Special election ordered by commissioners — submission by 
commissioners at general election. The board of county commissioners 
may in any case order a special election on a measure proposed by the 
initiative, or when a referendum is demanded, or upon any resolution 
passed by the board and may likewise submit to the electors, at a general 
election, any resolution passed by the board. 
History: En. Sec. 6, Ch. 64, L. 1973. 

193 



37-307 ELECTION LAWS 

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 
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. 



194 



LEGISLATURE 43-109 



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 bv 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 apporfion- 
Title of Act ment commission; and providing for an 

An act implementing article V, section immediate efTective 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. 

195 



43-110 ELECTION LAWS 

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 s'lbmission 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 

196 



f 



LEGISLATURE 43-215 

(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 4 
years or until his successor is elected and qualified and of a representative 
2 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. If a senator is 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; amd. 
re-en. Sec. 51, Rev. C. 1907; amd. Sec. 1, Sec. 1, Ch. 198, L. 1977. Cal. Pol. C. Sec. 
Ch. 17, L. 1909; re-en. Sec. 52, R. C. M. 226. 

43-202. L Purpose. The purpose of this act is to implement the 
provisions jf section 9, Article V, of the Montana constitution. 

History: En. 43-202.1 by Sec. 1, Ch. 91, 
L. 1977. 

43-202.2. Disqualifications — candidacy for other offices. Xo member 
of the legislature may, during the term for which he was elected, be ap- 
pointed to any civil office under the state. A member of the legislature 
may become a candidate for public office during his term. 

History: En. 43-202.2 by Sec. 2, Ch. 91, 
L. 1977. 

43-202.3. Resignation following election to another office. A member 
of the legislature who is elected to other public office shall resign from the 
legislature prior to assuming the office to which he was newly elected. 

History: En. 43-202.3 by Sec. 3, Ch. 91, 
L. 1977. 

43-215. Filling vacancies in the legislature — appointment by board of 
county commissioners — calling of board meeting — election — appointment 
requirements. (1) When a vacancy occurs in the legislature, the vacancy 
shall be filled by appointment by the board of county commissioners or, 
in the event of a multicounty district, the boards of county commissioners 
comprising the district sitting as one appointing board. 

(2) The chairman of the board of county commissioners of the 
county in which the person resided whose vacancy is to be filled shall 
call a meeting for the purpose of appointing the member of the legislature, 
and he shall act as the presiding officer of the meeting. 

(3) (a) Whenever the vacancy occurs in the house of representatives, 
the appointee shall serve until the end of the term to which his predecessor 
was elected. 

(b) Whenever the vacancy occurs in the senate, the appointee shall 
serve until a successor can be elected as provided in subsection (4). 

197 



43-216 ELECTION LAWS 

(4) (a) As used in subsection (4), "term" means the 4-year period 
to which a senator is normally elected in the absence of a vacancy. 

(b) Whenever a vacancy occurs 40 days or more before the general 
election held during the second year of the term, an individual shall be 
elected to complete the term at that general election. The election proce- 
dure to be used to elect the successor is as follows : 

(i) Whenever the vacancy occurs 40 days or more prior to the primary 
election during the second year, the same procedure as is used for senators 
who will be elected to full 4-year terms at that general election shall be 
utilized. 

(ii) Whenever the vacancy occurs on or after the 40th day prior to 
the primary election, any political party desiring to enter a candidate in 
the general election shall select a candidate as provided in 23-3406. A 
political party may adopt rules for the conduct of the selection process and 
shall notify the secretary of state and the appropriate county clerk and 
recorders of the party nominee. A person desiring to be a candidate as 
an independent shall follow the procedures provided in subsections (1) 
through (4) of 23-3318. The petition for an independent candidate shall 
be filed with the secretary of state on or before the 30th day prior to 
the general election. 

(c) \\ henever a vacancy occurs on or after the 40th day prior to the 
general election held during the second year of the term, the person ap- 
pointed by the board under subsection (1) shall serve until the end of 
the term. 

(5) (a) Whenever his predecessor served as a member of a political 
party, the appointee named under subsection (1) shall be a member of 
the same political party and shall be selected from a list of three individuals 
provided by the county central committees, acting together, of the counties 
wherein a portion of the senate district lies. Whenever the appointing 
board is unable to elect an appointee from the submitted list, they shall 
request a second list of three names from the county central committees. 
The second list may not contain any of the names submitted on the first 
list. The appointing board shall then select an appointee from the in- 
dividuals named on both lists. 

(b) The provisions of subsection (5) (a) do not apply if his pre- 
decessor served as an independent. 

(6) The appointment of a legislator under this section must take 
place within 15 days after the vacancy occurs. 

History: En. Sec. 1, Ch. 179, L. 1967; 
amd. Sec. 2, Ch. 198, L. 1977. 

43-216. Alternate method of selection — failure of one candidate to 
receive majority vote. In the event that a decision cannot be made by 
the appointing board because of failure of any candidate to receive a 
majority of the votes, the final decision may be made by lot from the first 
and second lists of candidates as provided by 43-215(5) (a), or from a list 
of three individuals if the predecessor served as an independent, in ac- 
cordance with rules of selection adopted by the appointing board. 

History: En. Sec. 2, Ch. 179, L. 1967; 
amd. Sec. 3, Ch. 198, L. 1977. 

198 



LEGISLATURE 43-218.1 

43-216.1. Anticipated vacancy. (1) Whenever it appears that a va- 
cancy will exist in the legislature because of the inability of an elected 
legislator to take office al the commencement of the term to which he 
was elected, an appointee may be selected in advance of the commence- 
ment of the term under the provisions of 43-215 and 43-216. 

(2) For purposes of determining the term of office of the appointee 
and the 15-day period of 43-215(6), the vacancy occurs on the first day 
of the term to which his predecessor was elected. 

(3) An appointee under this section may take office only if the 
vacancy in fact exists at the commencement of the term of office. 

History: En. 43-216.1 by Sec. 4, Ch. 
198, L. 1977. 

43-218. Presession caucus — compensation and expenses. (1) 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 presession caucus for holdover senators, senators-elect, and 
representatives-elect. The purpose of the caucus of each party of each 
house is to elect officers, appoint committees, and hire any necessary 
employees. 

(2) Members of the legislature attending the presession caucus are 
entitled to receive compensation and expenses as provided in 43-310.1. 

History: En. Sec. 2, Ch. 274, L. 1969; 
amd. Sec. 98, Ch. 326, L. 1974; amd. Sec. 
1, Ch. 392, L. 1975; amd. Sec. 19, Ch. 439, 
L. 1975; amd. Sec. 1, Ch. 103, L. 1977. 

43-218.1. Presession activity of house appropriations and senate finance 
and claims committees — compensation and expenses. (1) Members of 
the house appropriations committee and of the senate finance and claims 
committee named at the presession caucus may begin reviewing requests 
for appropriations immediately and may visit state agencies and institu- 
tions to discuss recjuests. 

(2) While engaged in presession committee business, members of 
these committees are entitled to receive compensation and expenses as 
provided in 43-310.1. 

History: En. 43-218.1 by Sec. 2, Ch. 103, 
L. 1977. 



199 



44-213 ELECTION LAWS 



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; amd. Sec. 3, 
Ch. 357, L. 1974. 



200 



LOCAL GOVERNMENT CODE 47A-3-102 



TITLE 47A— LOCAL GOVERNMENT CODE 

Part 3 — Local Government Structure, Organization, and Operation 

Chapter 1. Ordinances and resolutions, 47A-3-101 to 47A-3-108. 

2. Alternative forms of local government, 47A-3-201 to 47A-3-209. 

3. Nonpartisan primary and general elections, 47A-3-301 to 47A-3-303. 

Part 7 — Powers and Limitations of Self- Government Local Governments 

Chapter 1. Povi^ers of self-government local governments, 47A-7-101 to 47A-7-106. 

2. Limitations on self-government local governments, 47A-7-201 to 47A-7-204. 

Part 1 — General Provisions and Definitions — Reserved 

Part 2 — Local Government Formation — Reserved 

Part 3 — Local Government Structure, Organization, and Operation 

CHAPTER 1— ORDINANCES AND RESOLUTIONS 

Section 47A-3-101. Definition. 

47A-3-102. Ordinance requirements. 

47A-3-103. Adoption and amendment of codes by reference. 

47A-3-104. Penalty for violation of ordinance. 

47A-3-105. Resolution requirements. 

47A-3-106. Initiative and referendum. 

47A-3-107. Determination of the number of signatures required for a pe- 
tition. 

47A-3-108. Operation of self-government consolidated units of local gov- 
ernment. 

47A-3-101. Definition. As used in this act, "chief executive" means 
the elected executive in a government adopting the commission-manager 
form, the chairman in a government adopting the commission-chairman 
form, the town chairman in a government adopting the town meeting 
form, the commission acting as a body in a government adopting the 
commission form, or the officer or officers so designated in the charter 
in a government adopting a charter. 

History: En. 47A-3-101 by Sec. 13, Ch. Effective Date 

477, L. 1977. Section 14 of Ch. 477, Laws 1977 read 

"This act is effective May 1, 1977." 

47A-3-102. Ordinance requirements. (1) All ordinances shall be 
submitted in writing in the form prescribed by resolution of the governing 
body. 

(2) No ordinance passed shall contain more than one comprehensive 
subject which shall be clearly expressed in its title, except ordinances for 
codification and revision of ordinances. 

(3) An ordinance must be read and adopted by a majority vote of 
members present at two meetings of the governing body not less than 
12 days apart. After the first adoption and reading, it must be posted 
and copies made available to the public. 



201 



47A-3-103 ELECTION LAWS 

(4) In the event of an emergency, the governing body may waive 
the second reading. An ordinance passed in response to an emergency 
shall recite the facts giving rise to the emergency and requires a two-thirds 
vote of the whole governing body for passage. An emergency ordinance 
shall be effective on passage and approval and shall remain effective for 
no more than 90 days. 

(5) After passage and approval, all ordinances shall be signed by the 
chairman of the governing body and filed with the official or employee 
designated by ordinance to keep the register of ordinances. 

(6) No ordinance other than an emergency ordinance shall be effec- 
tive until 30 days after second and final adoption. The ordinance may 
provide for a delayed effective date or may provide for the ordinance to 
become effective upon the fulfillment of an indicated contingency. 

(7) If the plan of government allows the chief executive to veto an 
ordinance, this power must be exercised in writing prior to its next regu- 
larly scheduled meeting of the governing body. Whenever the chief 
executive vetoes an ordinance, the governing body must act at the next 
regularly scheduled meeting to either override or confirm the veto. 
Whenever the veto is overridden or the executive fails to act, the ordinance 
shall take effect. 

(8) There shall be maintained a register of ordinances in which all 
ordinances are entered in full after passage and approval, except when 
a code is adopted by reference. When a code is adopted by reference, the 
date and source of the code shall be entered. 

(9) (a) No later than 1980 and at 5-year intervals thereafter appro- 
priate ordinances shall be compiled into a uniform code and published. 

(b) The recodification is not eflfective until approved by the governing 
body. 

(10) This section merely provides a procedure for the adoption of 
ordinances, and shall not be construed as granting authority to adopt 
ordinances. 

History: En. 47A-3-102 by Sec. 5, Ch. 
477, L. 1977. 

47A-3-103. Adoption and amendment of codes by reference. (1) Any 
local government may adopt or repeal an ordinance which incorporates by 
reference the provisions of any code or portions of any code, or any amend- 
ment thereof, properly identified as to date and source, without setting 
forth the provisions of the code in full. Notice of the intent to adopt a code 
by reference shall be published after first reading and prior to final adop- 
tion of the code. At least one copy of the code, portion, or amendment 
which is incorporated or adopted by reference shall be filed in the office 
of the clerk of the governing body and there kept available for public use, 
inspection, and examination. The filing requirements herein prescribed 
shall not be considered to be complied with unless the required copies of 
the codes, portion, amendment, or public record are filed with the clerk 
of the governing body for a period of 30 days prior to final adoption of 



202 



LOCAL GOVERNMENT CODE 47A-3-106 

the ordinance which incorporates the code, portion, or amendment by 
reference. 

(2) The governing body may adopt or amend a code by reference 
by an emergency ordinance and without notice. The emergency ordinance 
is automatically repealed 90 days following its adoption and cannot be 
reenacted as an emergency ordinance. 

(3) The process for repealing an ordinance which adopted or amended 
a code by reference shall be the same as for repealing any other ordinance. 

(4) The filing requirement of subsection (1) of this section shall be 
complied with in adopting amendments to codes. 

(5) Any ordinance adopting a code, portion, or amendment by refer- 
ence shall state the penalty for violating the code, portion, or amendment, 
or any provision thereof separately, and no part of any penalty shall be 
incorporated by reference. 

(6) For purposes of this section, "code" means any published com- 
pilation of rules which has been prepared by various technical trade as- 
sociations, model code organizations, federal agencies, or this state or 
any agency thereof ; and shall include specifically but shall not be limited 
to: traffic codes, building codes, plumbing codes, electrical wiring codes, 
health or sanitation codes, fire prevention codes, inflammable liquids codes, 
together with any other code which embraces rules pertinent to a subject 
which is a proper local government legislative matter. 

History: En. 47A-3-103 by Sec. 6, Ch. 
477, L. 1977. 

47A-3-104. Penalty for violation of ordinance. A local government 

may fix penalties for the violation of an ordinance which do not exceed a 

fine of $500 or 6 months' imprisonment or both the fine and imprisonment. 

History: En. 47A-3-104 by Sec. 7, Ch. 
477, L. 1977. 

47A-3-105. Resolution requirements. (1) All resolutions shall be 
submitted in the form prescribed by resolution of the governing body. 

(2) Resolutions may be submitted and adopted at a single meeting of 
the governing body. 

(3) If the plan of government allows the executive to veto resolutions, 
this power must be exercised in writing at the next regular meeting. If 
the executive fails to act, the resolution shall be approved. If the executive 
vetoes a resolution, the governing body must act at the same meeting or 
its next regularly scheduled meeting to either override or confirm the veto. 

(4) After passage and approval, all resolutions shall be entered into 
the minutes and signed by the chairperson of the governing body. 

(5) All resolutions shall be immediately effective unless a delayed 

effective date is specified. 

History: En. 47A-3-105 by Sec. 8, Ch. 
477, L. 1977. 

47A-3-106. Initiative and referendum. (1) The powers of initiative 
and referendum are reserved to the electors of each local government. 



203 



47A-3-106 ELECTION LAWS 

Resolutions and ordinances wiihin the legislative jurisdiction and power 
of the governing body of the local government, except those set out in 
subsection (2) of this section, may be proposed or amended and prior 
resolutions and ordinances may be repealed in the manner provided in 
this section. 

(2) The i)owers of initiative shall not extend to the following : 

(a) the annual budget ; 

(b) bond proceedings, except for ordinances authorizing bonds; 

(c) the establishment and collection of charges pledged for the pay- 
ment of principal and interest on bonds ; or 

(d) the levy of special assessments pledged for the payment of princi- 
pal and interest on bonds. 

(3) The electors may initiate and amend ordinances and require 
submission of existing ordinances to a vote of the people by petition. If 
submitted prior to the ordinance's effective date, a petition requesting" a 
referendum on the ordinance shall delay the ordinance's effective date 
until the ordinance is ratified by the electors. A petition requesting a 
referendum on an emergency ordinance filed within 30 days of its effective 
date shall suspend the ordinance until ratified by the electors. 

(4) The governing body may refer existing or proposed ordinances 
to a vote of the people by resolution. 

(5) A petition or resolution for initiative or referendum shall : 

(a) embrace only a single comprehensive subject; 

(b) set out fully the ordinance sought by petitioners, or in the case 
of an amendment, set out fully the ordinance sought to be amended and 
the proposed amendment, or in the case of referendum, set out the ordi- 
nance sought to be repealed ; and 

(c) contain the signatures of 15% of the electors of the local govern- 
ment. 

(6) (a) The governing body may, within 60 days of receiving the 
petition, take the action called for in the petition. If the action is taken, 
the question need not be submitted to the electors. 

(b) If the governing body does not. within 60 days, take the proposed 
action, then the question shall be submitted to the electors at the next 
school, primary, or general election or a special election called for that 
purpose. Before submitting the question to the electors, the governing 
body may direct that a suit be brought in district court by the local gov- 
ernment to determine whether the petition is regular in form, has sufficient 
signatures, and whether the proposed action would be valid and constitu- 
tional. 

(c) The complaint shall name as defendants not less than 10 or more 
than 20 of the petitioners. In addition to the names of the defendants, to 
the caption of the complaint there shall be added the words: "And all 
petitioners whose names appear on the petition for an ordinance filed on 

the day of , in the year ", stating the date of 

filing. The summons shall be similarly directed and shall be served on the 
defendants named therein, and in addition shall be published. 



204 



LOCAL GOVERNMENT CODE 47A-3-108 

(d) If an ordinance is repealed or enacted pursuant to a proposal 
initiated by the electors of a local government, the governing body may 
not for 2 years reenact or repeal the ordinance. If during the 2-year period 
the governing body enacts an ordinance similar to the one repealed pur- 
suant to a referendum of the electors, a suit may be brought to determine 
whether the new ordinance is a reenactment without material change of the 
repealed ordinance. This section shall not prevent exercise of the initiative, 
at any time, to procure a reenactment of an ordinance repealed pursuant 
to referendum of the electors. 

(7) (a) Any ordinance proposed by petition or any amended ordi- 
nance proposed by petition or any referendum on an ordinance which is 
entitled to be submitted to the electors shall be voted on at the next regular 
election to be held in tlie local government unless : 

(i) the petition asks that the question be submitted at a special election 
and is signed by at least 257^ of the electors of the local government, in 
which case the governing body shall call a special election ; or 

(ii) the governing body calls for a special election on the question. 

(b) If the adequacy of the petition is determined by the elections 
administrator less than 45 days prior to the next regular election, the 
election shall be delayed until the following regular election, unless a 
special election is called. 

(c) Whenever a measure is ready for submission to the electors, the 
appropriate election official shall, in writing, notify the governing body 
and shall publish notice of the election and the ordinance which is to be 
proposed or amended. In the case of a referendum, the ordinance sought 
to be repealed shall be published, 

(d) The question shall be placed on the ballot giving the electors a 
choice between accepting or rejecting the proposal. 

(e) If a majority of those voting favor the proposal, it becomes effec- 
tive when the election results are officially declared, unless otherwise 
stated in the proposal. 

History: En. 47A-3-106 by Sec. 9, Ch. 
477, L. 1977. 

47A-3-107. Determination of the number of signatures required for a 
petition. In order to determine the number of signatures needed on a 
petition to meet the percentage requirements of this act, the number of 
electors shall be the number of individuals registered to vote at the last 
preceding general election for the local government. 

History: En. 47A-3-107 by Sec. 10, Ch. 
477. L. 1977. 

47A-3-108. Operation of self-government consolidated units of local 
government. (1) Whenever existing law contains different provisions 
and procedures for the functioning of counties and municipalities, including 
but not limited to such areas as election procedures, issuance of bonds, 
adoption of budgets, creation of special districts, levying of taxes, and 
provision of services, the governing body of a self-government consolidated 



205 



47A-3-201 ELECTION LAWS 

unit of local government which contains at least one county and one mu- 
nicipality shall, by ordinance, adopt either the county or municipality pro- 
visions. The ordinance may provide for necessary changes in the statutes 
to accommodate the structure of the consolidated unit. This subsection 
applies to self-government consolidated units only in those areas where 
such units are subject to state law under 47A-7-201 through 47A-7-204. 

(2) A combination of county and municipal offices in a self-government 
consolidated unit may be accomplished by ordinance whenever such a 
combination is necessary for carrying out a duty assigned by state law 
to the local government. Whenever state law imposes a duty upon a 
specific official or employee of a self-government consolidated unit of local 
government and the local government under its adopted alternative form 
of government does not have such an official or employee, the governing 
body may by ordinance assign that duty to the appropriate official or 
employee of the local government. The governing body of any self-gov- 
ernment consolidated unit of local government may by ordinance assign 
responsibility to carry out any function or provide any service required 
by state law to one or more departments, officers, or employees of the 
local government notwithstanding the fact that the state law may assign 
the function or service to a specific office. 

History: En. 47A-3-108 by Sec. 11, Ch. 1975, is amended to read as follows: 'Sec- 

477, L. 1977. tion 23. Automatic repealer. This act, ex- 

_ ., , ..T c^Pt for sections 4, 6, 14, 15, 16, and 17 

Compiler s Notes [16-5115.1, 16-5115.3, 16-5115.11 to 16- 

Section 12, Ch. 477, Laws of 1977, read 5115.14], terminates on June 30, 1977.'" 
"Section 23 of Chapter 513 of Laws, 



CHAPTER 2— ALTERNATIVE FORMS OF LOCAL GOVERNMENT 

Section 47A-3-201. Declaration of purpose. 

47A-3-202. Adoption of alternative forms. 

47A-3-203. Commission-executive form. 

47A-3-204. Commission-manager form. 

47A-3-205. Commission form. 

47A-3-206. Commission-chairman form. 

47A-3-207. Town meeting form. 

47A-3-208. Charter form. 

47A-3-209. Amendment of self-government charters or adopted alternative 
forms of government. 

47A-3-201. Declaration of purpose. (1) The purpose of this chapter 
is to comply with article XI, section 3 (1), of the Montana constitution, 
which provides : "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 majority of those 
voting on the question." 

(2) This chapter establishes the alternative forms of government for 
cities, towns, counties, and consolidated governments. This chapter shall 
be liberally construed to facilitate the adoption of a form of local govern- 
ment. The procedure to adopt, amend, or abandon these forms is provided 
in sections 16-5101 et seq. 

History: En. 47A-3-201 by Sec. 1, Ch. Compiler's Notes 
344, L. 1975. Section 1 of Ch. 106, Laws 197S read 



206 



LOCAL GOVERNMENT CODE 



47A-3-203 



"There is a Title 47A in the Revised 
Codes of Montana, 1947, which is entitled: 
'Local Government Code.' " 

Section 2 of Ch. 106, Laws 1975 read 
"Title 47A, R. C. M. 1947, consists of 
nine (9) Parts which are entitled: 

"Part 1. General Provisions and Def- 



Local Government Forma- 



mitions. 

"Part 2. 
tion. 

"Part 3. Local Government Structure, 
Organization, and Operation. 

"Part 4. Rules for Construction of 
Powers and Duties of Local Govern- 
ments. 

"Part 5. Powers of General Power 
Local Governments. 



"Part 6. Services of General Power 
Local Governments. 

"Part 7. Powers and Limitations of 
Self-Government Local Governments. 

"Part 8. Duties of Local Governments 
as Agents of the State. 

"Part 9. Local Government Fi- 
nances." 

Title of Act 

An act to authorize alternative form.s 
of local government partially implement- 
ing article XI, sections 3 and 5 of the 1972 
Montana constitution and providing for a 
delayed effective date. 



47A-3-202. Adoption of alternative forms. Each local government in 
the state shall adopt one of the alternative forms of government pro- 
vided for in this chapter including one of each suboption authorized: 
the commission-executive form (which may also be called the "council- 
executive," the "council-mayor," or the "commission-mayor" form), the 
commission-manager form (which may also be called the "council-mana- 
ger" form), the commission form, the commission-chairman form, the 
town meeting form, or the charter form. 

History: En. 47A-3-202 by Sec. 1, Ch. 
344, L, 1975. 

47A-3-203. Commission-executive form. (1) The commission-execu- 
tive form (which may be called the "council-executive," the "council- 
mayor," or the "commission-mayor" form) consists of an elected commis- 
sion (which may be referred to as the "council") and one elected executive 
(who may be referred to as the "mayor") who is elected at large. 

(2) The executive shall : 

(a) enforce laws, ordinances, and resolutions ; 

(b) perform duties required of him by law, ordinance, or resolution ; 

(c) administer affairs of the local government ; 

(d) carry out policies established by the commission ; 

(e) recommend measures to the commission ; 

(f) report to the commission on the affairs and financial condition 
of the local government; 

(g) execute bonds, notes, contracts, and written obligations of the 
commission, subject to the approval of the commission ; 

(h) report to the commission as the commission may require ; 

(i) attend commission meetings and may take part in discussions; 

(j) execute the budget adopted by the commission ; 

(k) appoint, with the consent of the commission, all members of 
boards; except, the executive may appoint without the consent of the 
commission temporary advisory committees established by the executive. 

(3) The plan of government submitted to the qualified electors shall 
further define the structural characteristics of the form by including one 
item from each of the choices listed below: 



207 



47A-3-203 ELECTION laws 

(a) The executive: 

(i) shall appoint one or more administrative assistants to assist him 
in the supervision and operation of the local government. Such adminis- 
trative assistants shall be answerable solely to the executive; or 

(ii) may appoint one or more administrative assistants to assist him 
in the supervision and operation of the local government. Such adminis- 
trative assistants shall be answerable solely to the executive. 

(b) The executive may : 

(i) appoint and remove all employees of the local government; or 

(ii) appoint and remove, with the consent of a majority of the com- 
mission, all employees of the local government ; or 

(iii) appoint, with the consent of a majority of the commission, all 
department heads. The executive may remove department heads and may 
appoint and remove all other department employees ; or 

(iv) appoint and remove, with the consent of a majority of the com- 
mission, all department heads. The executive may appoint and remove all 
other employees of the local government. 

(c) The executive may : 

(i) veto ordinances and resolutions, subject to override by a ma- 
jority plus one of the whole number of the commission ; or 

(ii) veto ordinances and resolutions, subject to override by a two- 
thirds vote of the commission ; or 

(iii) sign all ordinances and resolutions with no veto power. 

(d) The executive may : 

(i) prepare the budget and present it to the commission for adoption ; 
or 

(ii) prepare the budget in consultation with the commission and de- 
partment heads. 

(e) The executive may: 

(i) exercise control and supervision of the administration of all de- 
partments and boards; or 

(ii) exercise control and supervision of all departments and boards 
to the degree authorized by ordinance of the commission. 

(f) A financial officer (who may be called the "treasurer") : 
Ci) shall be elected; or 

(ii) shall be appointed by the executive with the consent of the 
council ; or 

(iii) shall be selected as provided by ordinance ; or 

(iv) may, at the discretion of the commission, be selected as pro- 
vided by ordinance. 

(g) The commission shall be : 
(i) elected at large ; or 

(ii) elected by districts in which candidates must reside and which 
are apportioned by population ; or 

(iii) elected at large and nominated by a plan of nomination that may 
not preclude the possibility of the majority of the electors nominating 
candidates for the majority of the seats on the commission from persons 
residing in the district or districts where the majority of the electors 
reside; or 



208 



LOCAL GOVERNMENT CODE 47A-3-204 

(iv) elected by any combination of districts in which candidates must 
reside and which are apportioned by population, and at large. 

(h) Local government elections shall be conducted on a: 

(i) partisan basis as provided in this title ; or 

(ii) nonpartisan basis as provided in this title. 

(i) The commission shall have a chairman who shall be : 

(i) elected by the members of the commission from their own number 
for a term established by ordinance ; or 

(ii) selected as provided by ordinance. 

(j) The presiding officer of the commission shall be : 

(i) the chairman of the commission who may vote as other members 
of the commission; or 

(ii) the executive who may vote as the commissioners ; or 

(iii) the executive who shall decide all tie votes of the commission, 
but shall have no other vote. The chairman of the commission shall 
preside if the executive is absent; or 

(iv) the executive, but he may not vote. 

(k) Commission members shall be elected for : 
(i) concurrent terms of office; or 
(ii) overlapping terms of office. 

(1) The size of the commission, which shall be a number not less 
than three (3), shall be established when the form is adopted by the 
voters, and ; 

(i) community councils of at least three (3) members shall be 
elected within each district to advise the commissioner from that district. 
Local governments conducting elections at large shall district according 
to population for the purpose of electing community councils ; or 

(ii) community councils to advise commissioners may be authorized 
by ordinance. 

(m) The term of office of elected officials may not exceed four (4) 
years, and shall be established when the form is adopted by the voters. 

(4) The plan of government submitted to the qualified electors shall 
determine the powers of the local government unit by authorizing: 

(a) general government powers ; or 

(b) self-government powers. 

History: En. 47A-3-203 by Sec. 1, Ch. division (3)(g)(iii) for "nominated by dis- 

344, L. 1975; amd. Sec. 1, Ch. 351, L. tricts in which candidates must resi-de and 

1977. which are apportioned by population, but 

elected at large." 
Amendments 

The 1977 amendment substituted sub- 

47A-3-204. Commission-manager form. (1) The commission-mana- 
ger form (which may be called the "council-manager" form) consists of 
an elected commission (which may be called the "council") and a manager 
appointed by the commission who shall be the chief administrative officer 
of the local government. The manager shall be responsible to the com- 
mission for the administration of all local government affairs placed in 
his charge by law, ordinance, or resolution. 

(2) The manager shall be appointed by the commission for an in- 



209 



47A-3-204 ELECTION LAWS 

definite term on the basis of merit only, and removed only by a majority 
vote of the whole number of the commission. 

(3) The manager shall: 

(a) enforce laws, ordinances, and resolutions ; 

(b) perform the duties required of him by law, ordinance, or resolu- 
tion; 

(c) administer the affairs of the local government ; 

(d) direct, supervise, and administer all departments, agencies and 
offices of the local government unit except as otherwise provided by law 
or ordinance ; 

(e) carry out policies established by the commission ; 

(f) prepare the commission agenda; 

(g) recommend measures to the commission; 

(h) report to the commission on the affairs and financial condition of 
the local government; 

(i) execute bonds, notes, contracts, and written obligations of the 
commission, subject to the approval of the commission ; 

(j) report to the commission as the commission may require; 

(k) attend commission meetings and may take part in the discussion, 
but he may not vote ; 

(1) prepare and present the budget to the commission for its 
approval and execute the budget adopted by the commission ; 

(m) appoint, suspend, and remove all employees of the local govern- 
ment except as otherwise provided by law or ordinance. Employees ap- 
pointed by the manager and his subordinates shall be administratively 
responsible to the manager; 

(n) appoint members of temporary advisory committees established 
by the manager. 

(4) Neither the commission nor any of its members may dictate the 
appointment or removal of any employee whom the manager or any of 
his subordinates are empowered to appoint. 

(5) Except for the purpose of inquiry or investigation under this 
title, the commission or its members shall deal with the local government 
employees who are subject to the direction and supervision of the mana- 
ger, solely through the manager, and neither the commission nor its 
members may give orders to any such employee, either publicly or pri- 
vately. 

(6) The plan of government submitted to the qualified electors shall 
further define the structural characteristics of the form by including one 
item from each of the choices listed below: 

(a) All members of boards, other than temporary advisory committees 
established by the manager, shall be appointed by : 

(i) the chairman with the consent of the commission ; or 
(ii) the manager with the consent of the commission ; or 
(iii) the commission. 

(b) The commission shall be : 
(ij elected at large; or 



210 



LOCAL GOVERNMENT CODE 47A-3-205 

(ii) elected by districts in which candidates must reside and which 
are apportioned by population ; or 

(iii) elected at large and nominated by a plan of nomination that may 
not preclude the possibility of the majority of the electors nominating 
candidates for the majority of the seats on the commission from persons 
residing in the district or districts where the majority of the electors 
reside ; or 

(iv) elected by any combination of districts in which candidates 
must reside and which are apportioned by population, and at large. 

(c) Local government elections shall be conducted on a: 
(i) partisan basis as provided in this title ; or 

(ii) nonpartisan basis as provided in this title. 

(d) The chairman of the commission shall be : 

(i) elected by the members of the commission from their own num- 
ber for a term established by ordinance; or 

(ii) elected by the qualified electors for a term of office ; or 
(iii) selected as provided by ordinance. 

(e) Commission members shall be elected for: 
(i) concurrent terms of office ; or 

(ii) overlapping terms of office. 

(f) The size of the commission, which shall be a number of not less 
than three (3), shall be established when the form is adopted by the 
voters, and : 

(i) community councils of at least three (3) members shall be elected 
within each district to advise the commissioner from that district. Local 
governments conducting elections at-large shall district according to popu- 
lation for the purpose of electing community councils ; or 

(ii) community councils to advise commissioners may be authorized 
by ordinance. 

(g) The term of office of elected officials may not exceed four (4) 
years, and shall be established when the form is adopted by the voters. 

(7) The plan of government submitted to the qualified electors shall 
determine the powers of the local government unit by authorizing: 

(a) general government powers ; or 

(b) self-government powers. 

History: En. 47A-3-204 by Sec. 1, Ch. Amendments 

344, L. 1975; amd. Sec. 2, Ch. 351, L. The 1977 amendment substituted sub- 

1977. division (6)(b)(iii) for "nominated by dis- 

tricts in which candidates must reside and 
which are apportioned by population, but 
elected at large." 

47A-3-205. Commission form. (1) The commission form consists of 
an elected commission (which may also be called the "council") and other 
elected officers as provided in this section. All legislative, executive, and 
administrative powers and duties of the local government not specifically 
reserved by law or ordinance to other elected officers shall reside in the 



211 



47A-3-205 ELECTION laws 

commission. The commission shall appoint the heads of departments 
and other employees, except for those appointed by other elected offi- 
cials. Cities and towns which adopt this form may distribute by ordinance 
the executive, and administrative powers and duties into departments 
headed by individual commissioners. 

(2) The plan of government submitted to the qualified electors shall 
further define the structural characteristics of the form by including one 
item from each of the choices listed below : 

(a) The commission shall be: 
(i) elected at large ; or 

(ii) elected by districts in which candidates must reside and which 
are apportioned by population ; or 

(iii) elected at large and nominated by a plan of nomination that may 
not preclude the possibility of the majority of the electors nominating 
candidates for the majority of the seats on the commission from persons 
residing in the district or districts where the majority of the electors 
reside; or 

(iv) elected by any combination of districts in which candidates must 
reside and which are apportioned by population, and at large. 

(b) Local government elections shall be conducted on a : 
(i) partisan basis as provided in this title ; or 

(ii) nonpartisan basis as provided in this title. 

(c) The chairman of the commission, who may be referred to as the 
"mayor", shall be the presiding officer of the commission. All members 
of boards and committees shall be appointed by the chairman with the 
consent of the commission. The chairman shall be recognized as the 
head of the local government unit and may vote as other members of the 
commission. The chairman shall be: 

(i) elected by the members of the commission from their own num- 
ber for a term established by ordinance ; or 
(ii) selected as provided by ordinance ; or 
(iii) elected directly by the voters for a term established by ordinance. 

(d) The commission: 

(i) shall appoint one or more administrative assistants to assist them 
in the supervision and operation of the local government; or 

(ii) may appoint one or more administrative assistants to assist them 
in the supervision and operation of the local government. 

(e) Commission members shall be elected for : 
(i) concurrent terms of office ; or 

(ii) overlapping terms of office. 

(f) The size of the commission, which shall be a number of not less 
than three (3), shall be established when the form is adopted by the voters, 
and: 

(i) community councils of at least three (3) members shall be elected 
within each district to advise the commissioner from that district. Local 
governments conducting elections at-large shall district according to popu- 
lation for the purpose of electing community councils ; or 



212 



LOCAL GOVERNMENT CODE 47A-3-205 

(ii) community councils to advise commissioners may be authorized 
by ordinance. 

(g) The term of office of elected officials may not exceed four (4) 
years, except the term of office for commissioners in counties adopting 
the form authorized by Article XI, section 3(2), of the Montana con- 
stitution, may not exceed six (6) years. Terms of office shall be estab- 
lished when the form is adopted by the voters. 

(3) In county and consolidated local governments, the plan of govern- 
ment submitted to the qualified electors shall further define the structural 
characteristics of the form by including one item from each of the choices 
listed below. The officers shall have the powers and duties established by 
ordinance. After the establishment of any office, the commission may 
consolidate, as provided by law, two or more of the offices. 

(a) A legal officer (who may be called the "county attorney") : 
(i) shall be elected ; or 

(ii) shall be appointed by the local government commission; or 
(iii) shall be appointed by the chairman of the local government 

commission; or 

(iv) shall be selected as provided by ordinance ; or 

(v) may at the discretion of the commission be selected as provided 

by ordinance ; or 

(vi) shall not be included in this form as a separate office. 

(b) A law enforcement officer (who may be called the "sheriff") : 
(i) shall be elected; or 

(ii) shall be appointed by the local government commission; or 
(iii) shall be appointed by the chairman of the local government com- 
mission; or 

(iv) shall be selected as provided by ordinance ; or 
(v) may at the discretion of the commission be selected as provided 
by ordinance ; or 

(vi) shall not be included in this form as a separate office. 

(c) A clerk and recorder : 
(i) shall be elected ; or 

(ii) shall be appointed by the local government commission ; or 

(iii) shall be appointed by the chairman of the local government 
commission; or 

(iv) shall be selected as provided by ordinance ; or 

(v) may at the discretion of the commission be selected as provided 
by ordinance ; or 

(vi) shall not be included in this form as a separate office. 

(d) A clerk of district court : 
(i) shall be elected ; or 

(ii) shall be appointed by the local government commission; or 

(iii) shall be appointed by the chafrman of the local government com- 
mission ; or 

(iv) shall be selected as provided by ordinance; or 

(v) may at the discretion of the commission be selected as provided 
by ordinance ; or 



213 



47A-3-205 ELECTION laws 

(vi) shall not be included in this form as a separate office. 

(e) A treasurer : 

(i) shall be elected ; or 

(ii) shall be appointed by the local government commission ; or 

(iii) shall be appointed by the chairman of the local government com- 
mission; or 

(iv) shall be selected as provided by ordinance ; or 

(v) may at the discretion of the commission be selected as provided 
by ordinance ; or 

(vi) shall not be included in this form as a separate office. 

(f) A surveyor: 

(i) shall be elected ; or 

(ii) shall be appointed by the local government commission; or 
(iii) shall be appointed by the chairman of the local government com- 
mission ; or 

(iv) shall be selected as provided by ordinance; or 
(v) may at the discretion of the commission be selected as provided 
by ordinance ; or 

(vi) shall not be included in this form as a separate office. 

(g) A superintendent of schools : 
(i) shall be elected ; or 

(ii) shall be appointed by the local government commission ; or 
(iii) shall be appointed by the chairman of the local government 

commission ; or 

(iv) shall be selected as provided by ordinance; or 

(v) may at the discretion of the commission be selected as provided 

by ordinance ; or 

(vi) shall not be included in this form as a separate office. 

(h) An assessor : 

(i) shall be elected ; or 

(ii) shall be appointed by the local government commission ; or 

(iii) shall be appointed by the chairman of the local government 
commission; or 

(iv) shall be selected as provided by ordinance; or 

(v) may at the discretion of the commission be selected as provided 
by ordinance ; or 

(vi) shall not be included in this form as a separate office. 

(i) A coroner : 

(i) shall be elected ; or 

(ii) shall be appointed by the local government commission ; or 

(iii) shall be appointed by the chairman of the local government com- 
mission ; or 

(iv) shall be selected as provided by ordinance ; or 

(v) may at the discretion of the commission be selected as provided 
by ordinance ; or 

(vi) shall not be included in this form as a separate office. 

(j) A public administrator : 

(i) shall be elected ; or 



214 



LOCAL GOVERNMENT CODE 47A-3-206 

(ii) shall be appointed by the local government commission; or 

(iii) shall be appointed by the chairman of the local government com- 
mission; or 

(iv) shall be selected as provided by ordinance; or 

(v) may at the discretion of the commission be selected as provided 
by ordinance; or 

(vi) shall not be included in this form as a separate office. 

(k) An auditor: 

(i) shall be elected ; or 

(ii) shall be appointed by the local government commission; or 

(iii) shall be appointed by the chairman of the local government com- 
mission; or 

(iv) shall be selected as provided by ordinance ; or 

(v) may at the discretion of the commission be selected as provided 
by ordinance; or 

(vi) shall not be included in this form as a separate office. 

(4) Local governments that adopt this form shall have general gov- 
ernment powers. 

History: En. 47A-3-205 by Sec. 1, Ch. Amendments 

344, L. 1975; amd. Sec. 3, Ch. 351, L. The 1977 amendment substituted sub- 

1977. division (2) (a) (iii) for "nominated by 

districts in which candidates must reside 
and which are apportioned by population, 
but elected at large." 

47A-3-206. Commission-chairman form. (1) The commission-chair- 
man form consists of an elected commission (which may also be referred 
to as the "council"), and a commission chairman (who may also be re- 
ferred to as "mayor" or as "president") elected by the members of the com- 
mission from their own number. 

(2) The commission chairman (who may also be referred to as "may- 
or") shall be elected by the members of the commission from their own 
number to serve at the pleasure of the commission. He shall: be the pre- 
siding officer of the commission, be recognized as the head of the local 
government unit, have the power to vote as other members of the com- 
mission, be the chief executive officer of the local government, and: 

(a) enforce laws, ordinances, and resolutions; 

(b) perform duties required of him by law, ordinance, or resolution; 

(c) administer the affairs of the local government; 

(d) direct, supervise, and administer all departments, agencies, and 
offices of the local government, except as otherwise provided by law or 
ordinance; 

(e) carry out policies established by the commission; 

(f) prepare the commission agenda; 

(g) recommend measures to the commission ; 

(h) report to the commission on the affairs and financial condition of 
the local government ; 

(i) execute bonds, notes, contracts, and written obligations of the 
commission, subject to the approval of the commission; 

(j) report to the commission as the commission may require; 



215 



47A-3-206 ELECTION LAWS 

(k) attend commission me.^tings and may take part in discussions; 

(I) execute the budget adopted by the commission; 

(m) appoint with the consent of the commission all members of 
boards and committees; except the chairman may appoint without the con- 
sent of the commission temporary advisory committees established by the 
chairman ; 

(n) appoint with the consent of a majority of the commission all de- 
partment heads. The chairman may remove department heads and may 
appoint and remove all other employees ; 

(o) prepare the budget and present it to the commission for adoption ; 

(p) exercise control and supervision over the administration of depart- 
ments and boards. 

(3) The plan of government submitted to the qualified electors shall 
further define the structural characteristics of the form by including one 
item from each of the choices listed below: 

(a) The commission shall be: 
(i) elected at large ; or 

(ii) elected by districts in which candidates must reside and which 
are apportioned by population ; or 

(iii) elected at large and nominated by a plan of nomination that may 
not preclude the possibility of the majority of the electors nominating 
candidates for the majority of the seats on the commission from persons 
residing in the district or districts where the majority of the electors 
reside; or 

(iv) elected by any combination of districts in which candidates must 
reside and whicTi are apportioned by population, and at large. 

(b) Local government elections shall be conducted on a: 
(i) partisan basis a.b provided in this title ; or 

(ii) nonpartisan basis as provided in this title. 

(c) The commission chairman: 

(i) shall appoint one or more administrative assistants to assist him 
in the supervision and operation of the local government. Such adminis- 
trative assistants shall be answerable solely to the chairman; or 

(ii) may appoint one or more administrative assistants to assist him 
in the supervision and operation of the local government. Such administra- 
tive assistants shall be answerable solely to the chairman. 

(d) Commission members shall be elected for: 
(i) concurrent terms of office; or 

(ii) overlapping terms of office. 

(e) The size of the commission, which shall be a number of not less 
than five (5), shall be established when the form is adopted by the voters, 
and: 

(i) community councils of at least three (3) members shall be elected 
within each district to advise the commissioner from that district. Local 
governments conducting elections at-large shall district according to popu- 
lation for the purpose of electing community councils ; or 

(ii) community councils to advise commissioners may be authorized 
by ordinance. 



216 



LOCAL GOVERNMENT CODE 47A-3-207 

(f) The term of office of elected officials may not exceed four (4) 
years, and shall be established when the form is adopted by the voters. 

(4) The plan of government submitted to the qualified electors shall 
determine the powers of the local government unit by authorizing: 

(a) general government powers ; or 

(b) self-government powers. 

History: En. 47A-3-206 by Sec. 1, Ch. Amendments 

344, L. 1975; amd. Sec. 4, Ch. 351, L. The 1977 amendment substituted subdi- 

1977. vision (3)(a)(iii) for "nominated by dis- 

tricts in which candidates must reside 
and which are apportioned by population, 
but elected at large." 

47A-3-207. Town meeting form. (1) The town meeting form con- 
sists of an assembly of the qualified electors of a town (known as a town 
meeting), an elected town chairman, who shall be a qualified elector, and 
an optional elected town meeting moderator. The town meeting form may 
be adopted only by incorporated cities or towns of less than two thousand 
(2,000) persons as determined by the most recent decennial census as con- 
ducted by the United States bureau of the census unless a more recent 
enumeration of inhabitants be made by the state, in which case such enu- 
meration shall be used for the purposes of this section. Any unit of local 
government which adopts this form may retain it even though its popula- 
tion increases to more than two thousand (2,000). 

(2) All legislative powers of the town shall vest in the town meeting. 
The town meeting may enact rules, resolutions, and ordinances. 

(3) (a) Towns adopting this form shall convene an annual town 
meeting on the first Tuesday of March. Special town meetings may be 
called by the town chairman or upon petition of ten per cent (10%) of the 
qualified electors of the town, but in no case by less than ten (10) qualified 
electors. 

(b) All qualified electors of the town may attend the town meeting, 
take part in the discussion and vote on all matters coming before the town 
meeting. Others may attend but shall not vote nor take part in the dis- 
cussion except by a majority vote of the town meeting. 

(c) A quorum shall consist of at least ten per cent (10%) of the quali- 
fied electors of the town but a higher quorum requirement may be estab- 
lished by a majority vote of the town meeting. 

(d) The election of town officials shall be nonpartisan and shall be by 
a plurality of those qualified electors present and voting. All other voting 
in the town meeting shall be by a simple majority of those qualified elec- 
tors present and voting. 

(e) Election of officials shall be by secret ballot. Other voting shall 
be by secret ballot upon the reqifest of at least five members of the town 
meeting. 

(4) An agenda of the town meeting and a list of all elective and ap- 
pointive offices to be filled shall be prepared by the town chairman who 
shall post notice at least two (2) weeks prior to the convening of all 



217 



47A-3-207 ELECTION laws 

annual and special town meetings. Upon written petition of at least ten 
per cent (lO^o) of the qualified electors of the town, but not less than ten 
(10) qualified electors, the town chairman shall insert a particular item or 
items in the agenda for the next annual or special town meeting. The town 
meeting agenda may include an item entitled "other business" under which 
any matter may be considered by the town meeting except no matter deal- 
ing with finance or taxation shall be considered under "other business." 

(5) The town meeting shall elect a town chairman for a term of not 
less than one (1) year or more than two (2) years. An unexpired term of 
a town chairman shall be filled at the next annual or special town meeting. 

(6) The town chairman shall be the chief executive officer of the town 
and he shall : 

(a) enforce laws, ordinances, and resolutions; 

(b) perform duties required of him by law, ordinance, or resolution; 

(c) administer the affairs of the town; 

(d) prepare the town meeting agenda ; 

(e) attend all annual and special town meetings ; 

(f) recommend measures to the town meeting; 

(g) report to the town on the affairs and financial condition of the 
town; 

(h) execute bonds, notes, contracts, and written obligations of the 
town, subject to the approval of the town ; 

(i) appoint, with the consent of the town meeting, members of all 
boards and appoint and remove all employees of the town; 

(j) prepare the budget and present it to the town meeting for adoption ; 

(k) exercise control and supervision of the administration of all de- 
partments and boards; 

(1) carry out policies established by the town meeting. 

(7) Compensation of the town chairman shall be established by ordi- 
nance but shall not be reduced during the current term of the town chair- 
man. 

(8) Permanent committees to advise the town chairman and/or the 
town meeting may be established and dissolved by ordinance. The town 
chairman may establish temporary committees to advise him. 

(9) The plan of government submitted to the qualified electors shall 
further define the structural characteristics of the form by including one 
item from each of the choices listed below : 

(a) The town meeting shall : 

(i) elect a town meeting moderator for a term of one (1) year who 
shall be the presiding officer of all annual and special town meetings but 
who shall have no other governmental powers ; or 

(ii) designate the town chairman as presiding officer of all annual 
and special town meetings. 

(b) The town chairman : 

(i) shall appoint an administrative assistant to assist him in the 



218 



LOCAL GOVERNMENT CODE 47A-3-208 

supervision and operation of the affairs of the town. The administrative 
assistant shall be answerable solely to the town chairman and the town 
chairman may delegate powers to the administrative assistant at his dis- 
cretion; or 

(ii) may appoint an administrative assistant to assist him in the 
supervision and operation of the affairs of the town. The administrative 
assistant shall be answerable solely to the town chairman and the town 
chairman may delegate powers to the administrative assistant at his dis- 
cretion, 

(10) The first agenda of the first town meeting following the adoption 
of this form shall be established by the local study commission. At that 
town meeting the chairman of the local study commission shall preside 
over the election of the presiding officer of the town after which the pre- 
siding officer of the town shall preside. 

(11) The plan of government submitted to the qualified electors shall 
determine the powers of the local government unit by authorizing: 

(a) general government powers ; or 

(b) self-government powers. 

History: En. 47A-3-207 by Sec. 1, Ch. 
344, L. 1975. 

47A-3-208. Charter form. (1) The purpose of this section is to com- 
ply with Article XI, section 5(1), of the Montana constitution, which 
provides: "(1) The legislature shall provide procedures permitting a local 
government unit or combination of units to frame, adopt, amend, revise, 
or abandon a self-government charter 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) Charter provisions establishing executive, legislative, and admin- 
istrative structure and organization are superior to statutory provisions. 

(3) A charter form of government shall possess self-government 
powers. 

(4) Charter form of government shall be established by a charter which 
is a written document defining the powers, structures, privileges, rights, 
and duties of the unit of local government and limitations thereon. 

(5) The charter shall provide for an elected legislative body, called a 
commission or council, or shall provide for a legislative body comprised of 
all qualified electors. For elected legislative bodies the charter shall specify 
the number of members thereof, their term of office, election on a partisan 
or nonpartisan basis, the grounds for their removal, and the method for 
filling vacancies. 

(6) The charter shall provide for the nomination and election of 
commissions at-large, or by districts in which candidates must reside and 
which are apportioned by population, or by a combination of districts in 
which candidates must reside and which are apportioned by population 
and at large or elected at large and nominated by a plan of nomination 
that may not preclude the possibility of the majority of the electors 



219 



47A-3-208 ELECTION LAWS 

nominating candidates for the majority of the seats on the commission 
from persons residing in the district or districts where the majority of the 
electors reside. 

(7) The charter shall specify which official of the local government will 
be the chief administrative and executive officer, the method of his selec- 
tion, his term of office, except that it may be at the pleasure of the selecting 
authority if such officer is not elected by popular vote, the grounds for 
his removal, and his powers and duties. Notwithstanding the foregoing, 
the charter may allocate the chief executive and the chief administrative 
functions among two or more officials specified as above, or the charter 
may provide that chief executive and administrative functions of the local 
government will be performed by one or more members of the legislative 
body. 

(8) The charter may establish other legislative, administrative, and 
organizational structures. 

(9) A charter form of government shall have such officers, depart- 
ments, boards, commissions, and agencies as are established in the charter, 
by local ordinance, or required by state law. 

(10) Charter provisions may not conflict with the provisions of Title 
47-A, Part 7 which establish statutory limitations on the powers of self- 
government units. 

(11) Charter forms are subject to state laws establishing election, 
initiative and referendum procedures and charters shall not contain provi- 
sions establishing election, initiative and referendum procedures. 

(12) The charter shall not contain provisions establishing or modify- 
ing local court systems. 

(13) The enumeration of powers in a charter shall not be construed 
as a limitation or prohibition on the residual or self-governing powers 
granted by the constitution. 

(14) The charter may contain prohibitions on the exercise of power by 
a unit of local government. 

(15) The charter may include such provisions as may be necessary to 
permit an orderly transition to the new form of government. 

(16) The charter shall specify the date on which the charter will take 
effect, except that provisions may be made for temporary partial effective- 
ness consistent with an orderly transition of government. 

(17) The listing of charter provisions in this section shall not be con- 
strued to prevent the inclusion of additional provisions in charters. 

(18) A charter may be amended onl}^ as provided by state law. 

History: En. 47A-3-208 by Sec. 1, Ch. "If a part of this act is invalid, all valid 

344, L. 1975; amd. Sec. 5, Ch. 351, L. parts that are severable from the invahd 

1977. part remain in effect. If a part of this act 

Amendments '^ invahd in one or more of its applica- 

T-u ir.*?-? J , J 1 I <. . tions, the part remains in effect in all 

The 1977 amendment added or e ect- vaHd applications that are severable from 

ed at large * * * the electors reside" to the invalid appHcations." 



the end of subsection (6) 

Separability Clause 

Section 2 of Ch. 344, Laws 1975 read "This act is effective May 2, 1977." 



Effective Date 
Separability Clause S^^^ion 3 of Ch. 344. Laws 1975 read 



220 



LOCAL GOVERNMENT CODE 47A-3-302 

47A-3-209. Amendment of self-government charters or adopted alterna- 
tive forms of government. (1) An amendment to a self-government 
charter or an adopted alternative form of government may only be made 
by submitting the question of amendment to the electors of the local gov- 
ernment. To be effective, a proposed amendment must receive an affirma- 
tive vote of a majority of the electors voting on the question. An amend- 
ment approved by the electors becomes effective on the first day of the 
local government fiscal year following the fiscal year of approval unless 
the question submitted to the electors provides otherwise. 

(2) An amendment to a self-government charter or an adopted alterna- 
tive form of government may be proposed by initiative by petition of 15% 
of the electors of the local government or by ordinance enacted by the 
governing body. The question on amendment of a charter or an adopted 
alternative form of government shall be submitted to the electors as soon 
as possible after the submission of a petition or enactment of a resolution, 
either at a regularly scheduled election or at a special election. 

(3) The local government, by ordinance, may provide procedures for 
the submission and verification of initiative petitions. 

History: En. 47A-3-209 by Sec. 4, Ch. 
477, L. 1977. 



CHAPTER 3— NONPARTISAN PRIMARY AND GENERAL ELECTIONS 

Section 47A-3-301. Nonpartisan nomination. 

47A-3-302. Nonpartisan primary ballot and election. 
47A-3-303. Nonpartisan general elections. 

47A-3-30L Nonpartisan nomination. (1) Each candidate for a non- 
partisan primary election shall send a declaration of nomination, as pre- 
scribed in 23-3304, to the appropriate election official of the local govern- 
ment in which he seeks office not later than 5 p.m. 40 days prior to the 
date of the primary election. The declaration shall be accompanied by a 
petition signed by at least 25 electors of the local government requesting 
the candidacy. 

(2) A candidate successfully completing the requirements of this sec- 
tion shall have his name entered on the nonpartisan primary election ballot 
as provided in 47A-3-302. 

History: En. 47A-3-301 by Sec. 1, Ch. resolutions, to provide for local govern- 

477, L. 1977. ment initiative and refereitdum, to pro- 
vide for the operation of consolidated 

Title of Act units of local government, and to other- 

An act to provide for nonpartisan elec- wise revise and clarify local government 

tions, to provide for the amendment of laws; amending section 23 of chapter 513 

self-government charters or adopted al- of Laws, 1975; and providing an effective 

ternative forms of local government, to date, 
provide for enactment of ordinances and 

47A-3-302. Nonpartisan primary ballot and election. (1) K.xcept as 
otherwise provided in this section, a nonpartisan primary election shall be 
conducted, canvassed, and its resuKs returned in the same manner as a 
partisan primary election. 



221 



47A-3-303 ELECTION laws 

(2) Ballots in a nonpartisan primary election shall contain only the 
name of the candidate and the office to which the candidate seeks election. 

(3) Electors voting at a nonpartisan primary election may vote for the 
number of candidates to be elected to each office. 

(4) If the number of candidates to be entered on the nonpartisan 
primary ballot for each office does not exceed twice the number of candi- 
dates to be elected for the respective offices, a nonpartisan primary election 
shall not be held in that year and all candidates entered on the nonpartisan 
primary ballot shall be considered nominated for their respective offices 
and shall have their names placed on the nonpartisan general election 
ballot. If the number of candidates to be entered on the nonpartisan 
primary ballot for any particular office does exceed twice the number of 
persons to be elected to that office, a primary election shall be held for all 
offices to be voted on at the general election. 

(5) Candidates for nomination, equal to twice the number to be elected 
at the nonpartisan general election for that office, who receive the highest 
number of votes cast at the nonpartisan primary or nominees determined 
under subsection (4) of this section are nominees for office and shall have 
their names entered on the nonpartisan general election ballot. 

(6) In municipalities with a population of 3,500 or less, a primary 
election is not required and candidates shall have their names entered on 
the general election ballot by filing a declaration of nomination not later 
than 5 p.m. 40 days before the date of the election. 

History: En. 47A-3-302 by Sec. 2, Ch. 
477, L. 1977. 

47A-3-303. Nonpartisan general elections. A nonpartisan general elec- 
tion shall be conducted, canvassed, and its results returned in the same 
manner as a partisan general election except that party designation may 
not appear on the ballot. 

History: En. 47A-3-303 by Sec. 3, Ch. 
477, L. 1977. 



Part 4 — Rules for Construction of Powers and Duties of Local 

Governments — Reserved 

Part 5 — Powers of General Power Local Governments — Reserved 

Part 6 — Services of General Power Local Governments — Reserved 

Part 7 — Powers and Limitations of Self-Government Local Governments 



CHAPTER 1— POWERS OF SELF-GOVERNMENT 
LOCAL GOVERNMENTS 

Section 47A-7-101. Self-government powers. 

47A-7-102. Authorization for self-government services and functions. 

47A-7-103. General power government limitations not applicable. 

47A-7-104. Legislative power vested in legislative bodies. 

47A-7-105. State law applicable. 

47A-7-106. Construction of self-government powers. 



222 



LOCAL GOVERNMENT CODE 47A-7-106 

47A-7-101. Self-government powers. As provided by article XI, sec- 
tion 6 of the Montana constitution a local government unit with self- 
government powers may exercise any power not prohibited by the consti- 
tution, law, or charter. These powers include, but are not limited to, the 
powers granted to general power governments by Title 47A, Part 5. 

History: En. 47A-7-101 by Sec. 1, Ch. limitations thereon of those local govern- 
345, L. 1975. ment units which adopt the self-govern- 

ment powers authorized by article XI, sec- 
Title of Act jJQfj 5 Qf j^he Montana constitution and 
An act establishing the powers and providing for a delayed effective date. 

47A-7-102. Authorization for self-government services and functions. 
A local government with self-government powers may provide any services 
or perform any functions not expressly prohibited by the Montana consti- 
tution, state law, or its charter. These services and functions include, but 
are not limited to, those services and functions which general power gov- 
ernment units are authorized to provide or perform by Title 47A, Part 6. 

History: En. 47A-7-102 by Sec. 1, Ch. 
345, L, 1975. 

47A-7-103. General power government limitations not applicable. A 
local government unit with self-government powers which elects to provide 
a service or perform a function that may also be provided or performed by 
a general power government unit is not subject to any limitation in the 
provision of that service or performance of that function, except such limi- 
tations as are contained in its charter or in state law specifically applicable 
to self-government units. 

History: En. 47A-7-103 by Sec. 1, Ch. 
345, L. 1975. 

47A-7-104. Legislative power vested in legislative bodies. The powers 
of a self-government unit unless otherwise specifically provided are vested 
in the local government legislative body and may be exercised only by 
ordinance or resolution. 

History: En. 47A-7-104 by Sec. 1, Ch. 
345, L. 1975- 

47A-7-105. State law applicable. All state statutes shall be applicable 
to self-government local units until superseded by ordinance or resolution 
in the manner and subject to the limitations provided in this title. 

Histoiy: En. 47A-7-105 by Sec. 1, Ch. 
345, L. 1975. 

47A-7-106. Construction of self-government powers. The powers and 
authority of a local government unit with self-government powers shall be 
liberally construed. Every reasonable doubt as to the existence of a local 
government power or authority shall be resolved in favor of the existence 
of that power or authority. 

History: En. 47A-7-106 by Sec. 1, Ch. 
345, L. 1975. 



223 



47A-7-201 ELECTION LAWS 

CHAPTER 2— LIMITATIONS ON SELF-GOVERNMENT 
LOCAL GOVERNMENTS 

Section 47A-7-201. Powers denied. 

47A-7-202. Powers requiring delegation. 

47A-7-203. Consistency with state regulation required. 

47A-7-204. Mandatory provisions. 

47A-7-20L Powers denied. A local government unit with self-govern- 
ment powers is prohibited the exercise of the following: 

(1) Any power that applies to or affects any private or civil relation- 
ship, except as an incident to the exercise of an independent self-govern- 
ment power; 

(2) Any power that applies to or aflfects the provisions of Title 41 
(labor), chapter 16 of Title 59 (collective bargaining for public employees), 
Title 87 (unemployment compensation), or Title 92 (workmen's compensa- 
tion) except that subject to the provisions of those titles it may exercise any 
power of a public employer with regard to its employees ; 

(3) Any power that applies to or affects the public school system 
except that a local unit may impose an assessment reasonably related to the 
cost of any service or special benefit provided by the unit and shall exercise 
any power which it is required by law to exercise regarding the public 
school system ; 

(4) Any power that prohibits the grant or denial of a certificate of 
public convenience and necessity; 

(5) Any power that establishes a rate or price otherwise determined 
by a state agency ; 

(6) Any power that applies to or aftects any determination of the state 
department of lands with regard to any mining plan, permit, or contract; 

(7) Any power that applies to or afifects any determination by the 
department of natural resources and conservation with regard to a certifi- 
cate of environmental compatibility and public need; 

(8) Any power that defines as an offense conduct made criminal by 
state statute, or which defines an offense as a felony, or which fixes the 
penalty or sentence for a misdemeanor in excess of a fine of five hundred 
dollars ($500) or six (6) months imprisonment or both such fine and im- 
prisonment, except as specifically authorized by statute; 

(9) Any power that applies to or affects the right to keep or bear arms, 
except that it has the power to regulate the carrying of concealed weapons ; 

(10) Any power that applies to or affects a public employee's pension 
or retirement rights as established by state law, except that a local govern- 
ment may establish additional pension or retirement systems ; 

(11) Any power that applies to or affects the standards of professional 
or occupational competence established pursuant to Title 66, (professions 
and occupations) as prerequisites to the carrying on of a profession or occu- 
pation. 

(12) Any power that applies to or affects Title 26 (fish and game). 

History: En. 47A-7-201 by Sec. 1, Ch. 
345, L. 1975. 



224 



LOCAL GOVERNMENT CODE 47A-7-204 

47A-7-202. Powers requiring delegation, A local government unit 
with self-government powers is prohibited the exercise of the following 
powers unless the power is specifically delegated by law: 

(1) The power to authorize a tax on income or the sale of goods or 
services. This section shall not be construed to limit the authority of a 
local government to levy any other tax or establish the rate of any other 
tax; 

(2) The power to regulate private activity beyond its geographic 
limits; 

(3) The power to impose a duty on another unit of local government, 
except that nothing in this limitation shall alTect the right of a self-govern- 
ment unit to enter into and enforce an agreement on inter-local co- 
operation; 

(4-) The power to exercise any judicial function, except as an incident 
to the exercise of an independent self-government administrative power; 

(5) The power to regulate any form of gambling, lotteries, or gift 
enterprises. 

History: En. 47A-7-202 by Sec. 1, Ch. 
345, L. 1975. 

47A-7-203. Consistency with state regulation required. (1) A local 
government with self-government powers is prohibited the exercise of any 
power in a manner inconsistent with state law or administrative regulation 
in any area affirmatively subjected by law to state regulation or control. 

(2) The exercise of a power is inconsistent with state law or regula- 
tion if it establishes standards or requirements which are lower or less 
stringent than those imposed by state law or regulation. 

(3) An area is affirmatively subjected to state control if a state agen- 
cy or officer is directed to establish administrative rules and regulations 
governing the matter or if enforcement of standards or requirements estab- 
lished by statute is vested in a state officer or agency. 

History: En. 47A-7-203 by Sec. 1, Ch. 
345, L. 1975. 

47A-7-204. Mandatory provisions. A local government unit with self- 
government powers is subject to the following provisions. These provisions 
are a prohibition on the self-government unit acting other than as provided : 

(1) All state laws providing for the incorporation or disincorporation 
of cities and towns, for the annexation, disannexation or exclusion of terri- 
tory from a city or town, for the creation, abandonment or boundary alter- 
ation of counties and for city-county consolidation; 

(2) Title 16, chapter 51; 

(3) All laws establishing legislative procedures or requirements for 
units of local government ; 

(4) All laws regulating the election of local officials; 

(5) All laws which require or regulate planning or zoning; 

(6) Any law directing or requiring a local government or any officer 



225 



47A-7-204 ELECTION LAV/S 

or employee of a local government to carry out any function or provide any 
service ; 

(7) Any law regulating the budget, finance or borrowing procedures 
and powers of local governments, except that the mill levy limits estab- 
lished by state law shall not apply ; 

(8) Title 93, chapter 99. 

History: En. 47A-7-204 by Sec. i, Ch. is invalid ia one or more of its applica- 

345, L. 1975. tions, the part remains in effect in all 

valid applications that are severable from 

Separability Clause the invalid applications." 

Section 2 of Ch. 345, Lav/ 1975 read 

"if any part of this act is invalid, all valid Effective Dats 

parts that are severable from the invalid Section 3 of Ch. 345, Laws 1975 read 

part remain in efTect. If a part of this ace "This act is effective May 2, 1977." 

Part 8— Duties of Local Governments as Agents o£ the Stats — -Reserved 
Part 9 — Local Government Finance — ^Reserved 



226 



OFFICES AND OFFICERS 59-301 



TITLE 59— OPFieSS Aim OFFICERS 

CHAPTER 2— EXECUTIVE OFFICERS— CLASSIFICATION AND ELECTION 

59-203. (Ill) Certain ofScers, how elected. The mode of election 

of the governor, lieutenant-gcvernor, 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, Eev. C. 1907; re-en. Sec. Ill, H. C. 
M. 1921; a-md. 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 O. 1895; re-en. 1971; amd. Sec. 1, Cli. 9, L. 1973; amd. 
Sec. 342, Rev. C. 1907; re-en. Sec. 410, Sec. 21, Ch. 94, L. 1973. Cal. Pol. C. Sec. 
S. C. M. 1921; amd. Sec. 14, Oh. 240, L. 841. 



227 



70-101 ELECTION LAWS 

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, B. C. M. 1021; 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. 

Hlitory: En. 70-101.1 by Soc. 2, Ch. 339, 
L. 1974. 

228 



SCHOOLS 75-5802 



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; amd. 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. 5, 
L. 1971. 

75-5707. Supervision of schools. Tlie superintendent of public instruc- 
tion lias tlie g-eneral supervision of the public schoolr. and districts of the 
state, and lie shall perform tlie foIIoAving duties or acts in implementing 
and enforcing tlie provisions of tliis title : 

(5) prescribe absentee voting forms and rules in accordance with the 
provisions of 75-6416 ; 

(22) prescribe the form and coiitents of and approve or disapprove 
interstate contracts in accordance with tlie provisions of 75-7308; 

History: En. 75-5707 by Sec. 16, Ch. 5, 
L. 1971; amd. Sec. 2, Ch. 137, L. 1973; 
amd. Sec. 3, Ch. 266, L. 1977; amd. Sec. 1, 
Ch. 277, L. 1977. 

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. 

229 



75-5803 ELECTION LAWS 

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 superiutendent of 
j)ublic 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 sliall 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 

230 



SCHOOLS 75-5904 

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 sliall be divided by the number 
of positions on tlic trustees of such elemontary 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 Ihe territory of the high 
school district without representation on Ihe high school district trustees. 

('A) Tlic taxable valuation determined in suljscctiori (2) above shall be 
divided by the laxable valuation i)er trustee position calculated in siibsec- 
tioii (1) above. The resulting quotient shall be rounded oiV 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; am<L 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- 

231 



75-5905 ELECTION LAWS 

tee position at large, if there is one, but for no otiier liigli scliool trustee 
position. 

Any additional trustee position establislied 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 tlie high school district in 
accordance witli section 75-640'). If there is a change in tlie allowable num- 
ber of additional trustee positions, tlic county superintendent shall re- 
establish the trustee nominating districts iti accordance with section 75-5904. 
If the number of additional trustee positions is less than the ])revious 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 oflBce. 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 regularl}' 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 

232 



SCHOOLS 75-5908 

(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. 

233 



75-5909 ELECTION LAWS 

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 oflRce. 
Such terms of office by mnnber 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, Cb. 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. 5, 
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 75-6410 of 
any district, except a first class elementary district, may nominate as many 
trustee candidates as there are trustee positions subject to election at tlie 

234 



SCHOOLS 75-5915 

ensuin? 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 day at wliich he is to be a candidate. 
If there are different terms to be filled, the term for whicli each candidate 
is nominated shall also be indicated. 

History: En. 75-5913 by Sec. 42, Ch. 5, 
L. 1971. 

75-5914. Repealed. 

B*Peal pealed by Sec. 3, Ch. 165, Laws 1973. For 

Section 75-5914 (Sec. 43, Ch. 5, li. 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 you 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 : 
n (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 : 
n (List the names of the candidates for a one (Ij year term with a 

vacant square in front of each name.) 

235 



75-5916 ELECTION LAWS 

In preparing the ballots, only those portions of the prescribed ballot that 
are applicable to the election to be conducted need to be used. The ballot 
also shall be prepared with blank lines and vacant squares in front of the 
lines in a sufficient number to allow write-in voting for each trustee position 
that is subject to election. 

When additional trustees in a high school district are to be elected, a 

separate ballot shall be used in each nominating district showing only the 

names of those candidates for which the electors of such district are entitled 

to vote. 

History: En. 75-5915 by Sec. 44, Ch. 5, 
L. 1971; amd. Sec. 2, Ch. 165, L. 1973; 
amd. Sec. 2, Ch. 259, L. 1973. 

75-5916. Qualification and oath. Any ])erson who receives a certificate 
of election as a trustee under the provisions of section 75-6423 shall not 
assume the trustee position until he has qualified. Such person shall qualify 
by completing and filing an oath of office with the county superintendent 
not more than fifteen (15) days after the receipt of the certificate of elec- 
tion. After a person has qualified for a trustee position, he shall hold such 
position for the term of the position and until his successor has been elected 
or appointed and has been qualified. 

If the elected person does not qualify in accordance with this require- 
ment, a person shall be appointed in the manner provided by section 75-5918 
and shall serve until the next regular election. 

History: En. 75-5916 by Sec. 45, Ch. 
5, L. 1971; amd. Sec. 1, Ch. 91, L. 1973. 

75-5917. Vacancy of trustee position. Any (^lected trustee position 
shall be vacant whenever tlie incumbent : 

(1) dies; 

(2) resigns; 

(3) moves his residence from tlie applicable district, or from the nomi- 
nating district in the case of an additional trustee in a high scliool 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 (GO) 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 tlie capacity to liold 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. (1) Whenever a trustee position becomes vacant in any 
district except a third-class district, the remaining members of the trustees 

236 



SCHOOLS 75-5924 

shall declare such position vacant and they shall appoint, in writinjr, a 
competent person as a successor. The trustees shall notify the appointee 
and the county superintendent of such appointment. 

(2) Whenever a trustee position becomes vacant in a third-class dis- 
trict, the remaining members of the trustees shall declare such position 
vacant and notify the county superintendent of tlie vacancy. The county 
superintendent sliall appoint, in writing, a competent person as a suc- 
cessor and notify such person of his appointment. 

(3) Any person who has been appointed to a trustee position shall 
qualify by completing]: and filing an oath of office with the county superin- 
tendent within 15 days after receiving notice of liis 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. 

(4) Any person assuming a trustee position under tlie provisions of 
this section shall serve until the next regular school election and his succes- 
sor has qualified. 

History: En. 75-5918 by Sec. 47, Ch. 5, 
L. 1971; amd. Sec. 3, Ch. 122, L. 1975; 
amd. Sec. 5, Ch. 266, L. 1977. 

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. AVhen 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 

Sectior 
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 
higli school district operating a county higli scliool 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 tlie higli 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 75-5913 shall govern the nomination of candi- 
dates for tlie trustee election prescribed in this secti(tn. 



History: En. 75-5924 by Sec. 53, Ch. 5, 
L. 1971; amd. Sec. 4, Ch. 122. L. 1975. 



237 



75-5925 ELECTION LAWS 

75-5925. Repealed. 

Repeal 

vacancy of trustee of high school district 
Section 75-59LJ5 (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 197.5. 

75-5933. Powers and duties. As prescribed elsewhere in this title, the 
trustees of each district shall have the power and it shall be its duty to 
perform the following duties or acts : 

(1) employ or dismiss a teacher, principal or other assistant upon tlie 
recommendation of the district superintendent, the county high school prin- 
cipal, or other principal as the board may deem necessary, accepting or re- 
jecting such recommendation as tlie 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 tlie school food services chapter of tliis 
title ; 

(18) perform any other duty and enforce any other requirements for 
the government of the schools prescribed by this title, the policies of tlie 
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 liealth, or a writ- 
ten statement signed by one (1) parent or guardian that he is an adherent 
of a religious denomination whose religious teachings are opposed to the 
immunization. 

History: En. 75-5933 by Sec. 62, Ch. 5, L. 
1971; amd. Sec. 1, Ch. 69, L. 1973; amd. 
Sec. 1, Ch. 280, L. 1973. 

CHAPTER 64— SCHOOL ELECTIONS 

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. 

238 



SCHOOLS 75-6406 

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. 
Sliould there be a conflict between the requirements of Title 23 and the 
provisions of this Title regulating school elections, tlie 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 sliall he by ballot. 

History: En. 75-6403 by Sec. 130, Ch. 5, 
L. 1971. 

75-6404. Reg^ar school election day and special school elections. The 
first Tuesday of April of each year shall be the regular school election day. 
Unless otherwise provided by law, special school elections may be eon- 
ducted at such times as determined by the trustees. 

History: En. 75-6404 by Sec. 140, Ch. 5, 
L. 1971; amd. Sec. 1, Ch. 109, L. 1974. 

75-6405. 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 witli the same judges and clerks as a general, primary, 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 

239 



75-6407 ELECTION LAWS 

(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 : 

240 



SCHOOLS 75-6412 

( 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 

L. 1971. Notice of scliool bond election, sec. 75- 

7116. 

75-6410. Qualifications of elector. (1) Except as provided in sub- 
sections (2) and (3), each person is entitled to vote at school elections if 
he has all of the following qualifications : 

(a) 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 75-6413. 

(b) He is 18 years of age or older. 

(e) He has been a resident of Montana for at least 30 days, 
(d) He is a citizen of the United States. 

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

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

History: En. 75-6410 by S€C. 146, Ch. 4, Ch. 91, L, 1973; amd. S«c. 31, Oh. 100, 
5, L. 1971; amd. Sec. 2, Ch. 83, L. 1971; L. 1973; amd. Sec. 10, Ch. 266, L. 1977. 
amd. Sec. 1, Ch. 118, L. 1971; amd. Sec. 

75-6410.1. Repealed. 

Repeal Sec. 58, Ch. 100, Laws 1973. Chapter 391, 

Section 75-6410.1 (Sec 1, Ch. 83, L. Laws of 1973, purported to amend this 

1971), relating to qualifications of voters section, but such amendment was void 

on school tax questions, was repealed by under the rale in section 43-515. 

75-6411. Repealed. 

Repeal for voters in elections to authorize prop- 

Section 75-6411 (Sec. 147, Ch. 5, L. erty taxation or issuance of bonds, was 
]971), providing additional qualifications repealed by Sec. 14, Ch. 83, Laws 1971. 

75-6412. Elector challenges. (1) An elector may challenge the quali- 
fications of another elector under the provisions of 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 23-3611. 
The challenge shall be determined in the same manner, using the same oath 
as provided in chapter 36 of Title 23. 

(2) Any person who has been challenged under any of the provi.sions 

241 



75-6413 ELECTION LAWS 

of this section and wlio swears or affirms falsely before any school election 
judge is guilty of false swearing and is punishable as provided in 94-7-203. 

History: En. 75-6412 by Sec. 148, Ch. 5, 
L. 1971; amd. Sec. 3, Ch. 83, L. 1971; amd. 
Sec. 5, Ch. 91, L. 1973; amd. Sec. 11, Ch. 
266, L. 1977. 

75-6413. Closure of registration. Registration for school elections 
shall close for tliii-fy (30) days before any school election, but it sliall not 
be necessary to publish any notice of sucli 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 prei)ai"e 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 wliich 
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 tlie 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 saperintendent of pulilic 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 
uses a voting machine or an electronic 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. 6, 
L. 1971. 



242 



SCHOOLS 75-6421 

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, Oh. 5, 
L. 1971. 

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 

243 



75-6422 ELECTION LAWS 

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 cjui 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 trustee position for 
which they were a candidate. The votes cast 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 and for each propo- 
sition. 

(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 

244 



SCHOOLS 75-6506 

of votes for each person or for or aj^ainst each proposition can reasonably 
be ascertained from each tally list. 

(6) The school election judpres shall return the pollbook, ballots, cer- 
tified tally sheets, and tlie regristered 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 

L. 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. 

(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. 

245 



75-6507 ELECTION LAWS 

(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 tlie 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-Eeferences 

Ij. 1971. Conditions under which school election 

called, sec. 75-6406. 

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 

246 



SCHOOLS 75-6508 

(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 
annexation election shall also follow the procedures prescribed in section 
75-6510. 

(6) After the countj' 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 

247 



75-6509 ELECTION LAWS 

certificate and, if it be for annexation with the assumption of bonded in- 
debtedness, shall specify tliat 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, CIl 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 
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, sec. 75-6401 

Sec, 1, Ch. 155, L, 1974. et seq. 

75-6510, Consolidation or annexation election without assumption of 
bonded indebtedness. A consolidation election without the assumption of 

248 



SCHOOLS 75-6512 

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-Kef erence 

L. 1971. School elections generally, sec. 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 : 

(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 Avho 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 

249 



75-6513 ELECTION LAWS 

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 elementary 
district sliall be abandoned for the reasons prescribed in 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 tlie joint district is not justified. Tlie 
boards of trustees designated by 75-6720 for school budgeting purposes 
shall be responsible for ordering the abandonment of the joint district and 
shall immediately send a copy of such order to tlie county superintendent 
of each county Avitli 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 Avithin 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 territorj^ is located shall not attach it to another district. Such territorj' 
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 75-6512 shall become effective on 
the first day of July. 

History: En. 75-6513 by Sec. 172, Ch. 5, 
L. 1971; amd. Sec. 4, Ch. 277, L. 1977. 

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- 
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 

250 



SCHOOLS 75-6515 

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. 

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- 

251 



75-6516 ELECTION LAWS 

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 75-6410 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 and 
order the change of district boundaries to coincide with the boundary 
description in the petition. Otherwise, he shall, by order, deny the re- 
quest. Either of the orders shall be final thirty (30) days after its date 
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 

252 



SCHOOLS 75-6517 

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. 

ffistory: 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 
such new district are nontaxable Indian land, this limitation shall not be 
applicable ; 

(2) the taxable value of the taxable property of eacli 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; 
amd. Sec. 2, Ch. 256, L. 1975. 

253 



75-6518 ELECTION LAWS 

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 tliat 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- 
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 

254 



SCHOOLS 75-6520 

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 

(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 liigh school district or, in 
any way, affect the boundary of an existing joint high scliool 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, 
li. 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 

255 



75-6521 ELECTION LAWS 

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 higli 
school boundary commission may grant or deny any request, made under 
the provisions of section 75-6519, for a high school district boundary 
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 

256 



SCHOOLS 75-6524 

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. Counterproposed high school district boundaries by electors 
and election. (1) Whenever a high school boundary commission issues 
an order to change high school district boundary lines, 20% or more of 
the electors of any elementary district with territory affected by the high 
scliool boundary change who are qualified to vote under 75-6410 may protest 
the boundaries established by the order of the commission within 30 days 
after the date of the order. The protest shall be in the form of a petition 
addressed to the county superintendent and shall provide a counterproposi- 
tion to the new high school boundaries establislied by the order of the 
commission 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 bound- 
aries under 75-6522. 

(2) When the county superintendent receives a valid petition from 
an elementary district, he shall, within 10 days after the receipt of the 
petition, order the trustees of the elementary district to call an election 
to consider the high school boundary counterproposition described in the 
petition. The trustees shall call and conduct the election in the manner 
prescribed in this title for school elections. An elector who may vote on the 
proposition shall be qualified to vote under 75-6410. If a majority of the 
electors voting at the election approve the counterproposition, the high 
school boundaries described by tlie counterproposition shall be approved 
and the order of the high school boundary commission shall be amended 
to establish such high school boundaries. If a majority of the electors 
voting at the election disapprove the counterproposition, the order of the 
high school boundarv commission shall be confirmed and shall be final. 

History: En. 75-6523 by Sec. 182, Ch. 5, 
L. 1971; amd. Sec. 12, Ch. 266, L. 1977. 

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. 

257 



75-6525 ELECTION LAWS 

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 liigh school district which encompass a county's 
portion of a joint elementary district wliere an elementary school is oper- 
ated may be changed to establish a joint higli school district. Such higli 
school district boundary change shall be a transfer of all the territory 
located in another county's portion of tlie 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 higli 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 liigh 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 higli 
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- 
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 w^here 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- 

258 



SCHOOLS 75-6538 

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 tlie county su- 
perintendent of the county where the high school is located. If the county 
superintendent of such county approves the order, he sliall send such order 
to the trustees of the high school district. If the trustees approve the order, 
tlie boundary change shall become effective. Witliout the approval of sucli 
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 
liigh scliool district with boundaries coterminous with the counly bounda- 
ries shall be created, except that such liigli 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 scliool 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- 
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 a 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 

259 



75-6539 ELECTION LAWS 

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 HIGH 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 the 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 sliall not have the capacity 
to govern the high school district upon unification, shall surrender all 
minutes, documents and other records of tlie 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 sucli 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. 

260 



SCHOOLS 75-6923 

(5) The board of county commissioners shall execute, in tlie 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 mainteiianee 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 EQUAUZATION 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 scliool 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- 
intendent of public ins-truction, 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 

261 



75-7015 ELECTION LAWS 

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) ? 

"n FOR the additional levy, 
n AGAINST the additional levy." 

If the election on any additional levy for the general fund is approved 
by a majority vote of those electors voting at such election, the 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 are 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 Sec. 273, Ch. 5, 214, L. 1974; amd. Sec. 1, Ch. 230, L. 1974; 
L. 1971; amd. Sec. 7, CHi. 83, L. 1971; amd. amd. Sec. 1, Ch. 346, L. 1974; amd. Sec. 
Sec. 6, Ch. 355, L. 1973; amd. Sec. 1, Ch. 1, Ch. 454, L. 1975. 



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) ; 

262 



SCHOOLS 75-7109 

(3) approve, disapprove, or adjust applications, approved by llie 
trustees, for increased reimbursements for individual transportation due 
to isolated conditions of the elijiible transportee's residence; and 

(4) conduct hearings to establisli 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 an 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 Jaly 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 
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 : 

263 



75-7110 ELECTION LAWS 

(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 sucli new bonds in the same manner that notice is required to be 
given for the sale of bonds authorized at a school election. Such new 
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 tlie rate of interest offered on the new bonds is at least ono-lialf 
(1/4) 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 

L. 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 : 

(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, 
li. 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 

264 



SCHOOLS 75-7115 

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. Tlie 
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. 

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 tlie 
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 

265 



75-7116 ELECTION LAWS 

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). 

n BONDS — YES. 

n 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 
shaU 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., 

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 
266 



SCHOOLS 75-7118 

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, 
I/. 1971; amd. Sec 40, Ch. 234, L. 1971; 
amd. Sec. 1, CIl 176, L, 1973. 

75-7117. Determination of approval or rejection of proposition at bond 
election. When the trustees cnnvass llie vote of a scliool district bond 
election under the provisions of section 70-0423, they shall determine the 
approval or rejection of the school bond proposition in the follow^ing man- 
ner: 

(1) determine tlie total number of electors of the school district who 
are qualified to vole 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 
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 ; 

267 



75-7134 ELECTION LAWS 

(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 tlie bonds ; 

(8) that amortization bonds will be preferred but also fix the denomi- 
nation of serial bonds; and 

(9) the date and time tliat 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 lii^h school that luis not been placed in a high 
school district is located ma}' become indebted by tlio issuance of bonds 
for the purposes of: 

(1) purchasing or erecting a building or buildings for higli school 
purposes ; 

(2) remodeling, enlarging, or repairing a building or buildings for 
high school purposes; 

(3) purchasing equijiment for high sclutol 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 outstaruling 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- 
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 pro})osition 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 

268 



SCHOOLS 75-7205 

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 75-71 3o. 
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 
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 tiie 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 linntation shall be 

269 



75-7308 ELECTION LAWS 

determined in tlie 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). 

D BUILDING RESERVE— YES. 

n BUILDING RESERVE— NO. 

The building reserve proposition shall be approved if a majorit}- 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- 
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 

270 



SCHOOLS 75-7406 

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 such 

contract) ? 

D FOR EXECUTION OF CONTRACT 

n 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. 

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. 

271 



75-8104 ELECTION LAWS 

CHAPTER 81— COMMUNITY COLLEGE DISTRICTS 

75-8104. Requirements for organization of community college district. 

The registered ileeturs in any area of tlie state of Montana may request 
an election for the organization of a eoniiuunity college district wliere 
the proposed community college district conforms to the following re- 
quirements : 

(1) The proposed area coincides witli the then-existing boundaries of 
contiguous elementary districts of one or more counties. 

(2) The taxable value of the proposed area is at least $10 million. 

(3) There are at least 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; amd. Sec. 47, Ch. 566, L. 1977. 

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. 

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 

272 



SCHOOLS 75-8108 

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 oflBce. 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 communitj' 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 
(1) year. Thereafter, all trustees elected shall serve for terms of three 
(3) years each. 

History: En. 75-8107 by Sec 454, Cli. 5, 
K 1971; amd. 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. 

273 



75-8109 ELECTION LAWS 

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, 
L. 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. 

History: En. 75-8111 by Sec. 458, Ch. 5, Cross-Reference 

L. 1971. School elections gcner.ally, sec. 75-6401 

el 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 carrj^ must receive a majority of the total 
number of votes cast 1)ie'-eon and the co-ordinator of community college 
districts, from the results so certified and attested, shall determine 
wlietlier tlie proposal lias received the majority of the votes cast thereon 
for each county within tlie proposed district and shall certify the results 
to tlie regents. Ai)nroval for the organization of a new community college 
district sliall be granled at the discretion of the legislature acting upon 
the recommendaticm of the regents. Sliould 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 county within the proposed district, the 
regents may make aii order declaring the community college district or- 
ganized and cause a co])y thereof to be recorded in the office of the county 
clerk and recorder in each county in which a portion of such new district 

274 



SCHOOLS 75-8114 

is located. If the proposition carries, tlie re^rents also shall determine 
which candidates have been elected trustees. Should the proposition to 
()rf?anize the coniniunity collc,ire district fail to receive a majority of the 
votes cast thereon, no tabulation sliall be made to determine tlie candidates 
elected trustees. 

AVithin thirty (30) days of tlie date of the ororanization order, the 
reg^ents shall set a date and call an or<,'anization meetinj? for the board of 
trustees of the cuinmunity college district and shall notify the duly 
elected trustees of their inemh(M--hip and of the orjxanization meeting:. 
Such notification shall desijj^nate a temjiorary chairiuan and secretary for 
the purposes of or^'anization. 

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, CIl 100, L. 1973. 

75-8114. Election of trustees after organization of community college 
district. After organization, tlie registered electors of the community 
college district shall vote for trustees on the first Tuesday in April, and 
such elections shall be conducted by the component elementary school 
distr'cts within such community college district upon the order of the 
board of 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 publica- 
tion 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 ma- 
chines are not used in the component elementary school district or dis- 

275 



75-8115 ELECTION LAWS 

tricts wliit'h conduct tlie election, tlien tlic board of trustees of the com- 
munity collecro 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 accordance with the school election laws. All costs incident 
to election of the community college trustees shall be borne by the com- 
munity college district including one-half (i/o) of the compensation of the 
judges for the school elections; provided that, if the election of tlie com- 
munity college district trustees is the only election conducted, the com- 
munity college district shall compensate the district for the total cost of 
the election. 

History: En. 75-8114 by Sec. 461, Ch. 5, 
L. 1971; amd. Sec. 2, Ch. 121, L. 1977. 

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. 

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 defined 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" 

276 



SCHOOLS 75-8202 

To carry, tlie proposals to amiex 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 encompa.ssing 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 

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 

277 



75-8203 ELECTION LAWS 

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. 1971. 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, tlie trustees may take an 
option on a site prior to tlie 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 prescriix'd by 
this Title for school elections. An elector wlio may vote at a school site 
election shall be qualified to vote under the provisions of section 75-6410. 
If a majority of those voting at the election approve the site selection, the 
trustees shall have the authority to purcliase 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 tlie trustees shall : 

(1) be in a place tliat 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 

(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 tlie 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 ; 

278 



SCHOOLS 75-8205 

(3) the cost of constructing, purchasing, or acquiring tlie site or build- 
ing is financed without exceeding the maximum-general-fund-budget-with- 
out-a-A^ote amount prescribed in section 75-6905, and, in the case of a site 
purchase, the site has been approved under tlie 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, 
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. 

279 



75-8304 ELECTION LAWS 

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, 1.. 1973. 



CHAPTER 83 
MISCELLANEOUS PROVISIONS 

75-8304. Oath of oflSce. 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. 



280 



WATERS AND IRRIGATION 89-1303 



TITLE 82— STATE OFFICERS, BOARDS AND DEPARTMENTS 

CHAPTER 5— €LERK OP 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, 84-4906.2. Repealed. 

Repeal Cli i5g^ Lf^^g -1977^ effective March 29, 

Sections 84-4906.1, 84-4906.2 (Sees. 1, 2, 1977 and applicable to taxable years be- 

Cli. 229, L. 1974), relating to definitions ginning on and after January 1, 1975. 

and deductions, were repealed by Sec. 1, 

TITLE 89— WATERS AND IRRIGATION 

CHAPTER 13— IRRIGATION DISTRICTS— BOARD OF COMMISSIONERS, 

POWERS, DUTIES AND ELECTIONS 

89-1303. (7176) First election of commissioners — regular election — 
term of office. The regular election for commissioners in each district 
shall be held annually on the first Tuesday in April of each year; and 
within 40 days fonowing their election the commissioners shall meet and 
organize as a board by electing a president from their number and a secre- 
tary, who may or may not be a commissioner, and who shall each hold 
office during the pleasure of the board. The term of office of each com- 
missioner shall begin on the date of the organizational meeting after the 
regular election and shall continue for three years and until the election 
and qualification of his successor. Commissioners are elected by the elec- 
tors of the entire district. At the regular election for commissioners held 
in April, 1921, there shall be elected one commissioner for the first divi- 
sion of each district who shall hold his office for the term of one year, 
one commissioner for the second division of each district who shall hold 
his office for the term of two years, and one commissioner for the third 
division of each district who shall hold his office for the term of three- 
years ; and if there be five divisions in a district one commissioner shall 
be elected for the fourth division who shall hold his office for two years, 
and one commissioner shall be elected for the fifth division who shall hold 
his office for three years; and if there be seven divisions in a district one 
commissioner shall be elected for the sixth division who shall hold his 
office for two years, and one commissioner shall be elected for the seventh 

281 



89-1311 ELECTION LAWS 

division who shall hold his office for three years; provided, however, that 
this act shall not be construed to extend the term of any commissioner 
heretofore elected or appointed in any district. 

History: En. Sec. 11, Ch. 146, L. 1909; 
amd. Sec. 4, Ch. 153, L. 1917; amd. Sec. 
1, Ch. 3, L. 1921; amd. Sec. 1, Ch. 7, 
Ex. L. 1921; re-en. Sec. 7176, R. C. M. 
1921; amd. Sec. 1, Ch. 302, L. 1977. 

89-1311. (71<'^4) Qualification of electors and nature of voting rights, 
how determined. (1) At all elections held under the provisions of this 
act. except as otherwise expressly provided, the following- holders of title 
or evidence of title to lands within the district, herein designated electors, 
are entitled to vote : 

(a) all persons having- the qualifications of electors under the con- 
stitution and general and school laws of the state ; 

(b) guardians, executors, administrators, and trustees residing in the 
state ; 

(c) domestic corporations, by their duly authorized agents. 

(2) In all elections held under this act. each elector is permitted to 
cast one vote for each 40 acres of irrigable land or major fraction thereof 
owned by the elector within the district, irrespective of the location of 
the irrigable lands within the tracts designated by the commissioners for 
assessment and taxation purposes or within congressional subdivisions, 
platted lots or blocks (except as hereinafter provided for), election pre- 
cincts, or district divisions, but any elector owning any less than 40 acres 
of irrigable land is entitled to one vote. Until the irrigable area under the 
proposed plan of reclamation is determined, all land included within the 
boundaries of the district shall be considered irrigable land for election 
purposes. 

(3) Whenever land is owned by co-owners, the owners may desig- 
nate one of their number or an agent to cast the vote for the owners, and 
one vote only for each 40 acres of irrigable land or major fraction thereof 
may be cast by the voting co-owner or agent. Whenever land is under 
contract of sale to a purchaser residing within the state, the purchaser 
may vote on behalf of the owner of the land. When voting, the agent of a 
corporation or co-owners, the co-owner designated for purpose of voting, 
or the purchaser of land under contract of sale, as the case may be, shall 
file with the secretary of the district or with the election officials a written 
instrument of his authority, executed and acknowledged by the proper 
officers of the corporation, by the co-owners, or by the owner of land 
under contract of sale, as the case may be, and thereupon the agent or co- 
owner or purchaser, as the case may be. is an elector within the meaning 
of this act. \\'henever the total irrigable acreage within any one district has 
been platted or subdivided into lots or blocks to the extent of 5% or more 
of the total acreage of the district, each elector is permitted to cast one 
vote for each acre of irrigable land or major fraction thereof owned by 
the elector within the district, irrespective of the location of such irrigable 
lands within the tracts designated by the commissioners for assessment 
and taxation purposes or within the congressional subdivisions, but any 
elector owning any less than 1 acre of irrigable land within the district 

282 



WATERS AND IRRIGATION 89-2330.3 

is entitled to one vote. The balloting shall take place in the following 
manner: 10 votes or less, separate ballots will be used; more than 10 
votes, the elector shall vote in blocks of 10 using one ballot for each 10 
votes and separate ballots for odd votes over multiples of 10. The elec- 
tion shall otherwise conform with the provisions of 89-1308. The chairman 
of the commissioners or such commissioner as he may delegate shall deter- 
mine before each election whether the provisions of this subsection are in 
force or whether the provisions heretofore set out shall apply. 

History: En. Sec. 19, Ch. 146, L. 1909; 
re-en. Sec. 7184, R. C. M. 1921; amd. Sec. 
6, Ch. 157, L. 1923; amd. Sec. 1, Ch. 164, 
L. 1953; amd. Sec. 19, Ch. 460, L. 1977. 

CHAPTER 23— DRAINAGE DISTRICTS— COMMISSIONERS- 
ELECTION— ORGANIZATION— REPORTS 

89-2302. (7283) Election of commissioners — regular term of office. 

( 1 ) The regular election of commissioners shall be held annually on the 
first Tuesday in April of each year; the term of office of commissioners 
shall commence on the first Tuesday in May following their election. At 
the first regular election following the organization of a district and in 
districts organized and in existence on March 1, 1921. and which, on 
petition, have been divided into divisions, at the first regular election 
following the date of the order making such division, there shall be 
elected three commissioners, one commissioner being elected from each 
division of which he must be an actual landowner ; one of the commis- 
sioners, to be determined by lot, shall hold office until the first Tuesday 
in May in the year following his election, another of the commissioners, 
to be determined by lot, shall hold office until the first Tuesday in May 
in the second year following his election, and the third of the commis- 
sioners shall hold office until the first Tuesday in May in the third year 
following his election ; thereafter one commissioner shall be elected each 
year, who shall hold office for a term of 3 years and until his successor is 
elected and qualified ; provided, that the person elected as a commissioner 
in each year to succeed the commissioner whose term is then expiring must 
be elected as a commissioner from the same division as the commissioner 
whom he is to succeed. 

(2) Each commissioner must be a resident of a county where a 
portion of the district lands are situated. 

History: En. Sec. 19, Ch. 129, L. 1921; 
re-en. Sec. 7283, R. C. M. 1921; amd. 
Sec. 3, Ch. 50, L. 1925; amd. Sec. 41, 
Ch. 460, L. 1977. 

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. 

283 



89-3403 ELECTION LAWS 

(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 37-127. 

(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; amd. Sec. 27, Ch. 342, L. 
1977. 

CHAPTER 34— CONSERVANCY DISTRICTS 

89-3403. Definitions. As used in this act, unless the context clearly 
indicates otherwise : 

(1) "district" means a conservancy district, which is a public corpora- 
tion and a political subdivision of the state; 

(2) "directors" means the board of directors of a conservancy district; 

(3) "elector" means a person qualified to vote under 89-3423 ; 

(4) "court" means the district court of the judicial district in which 
the largest portion of the taxable valuation of real property of the pro- 
posed district is located and within the county in which the largest portion 
of the taxable valuation of real property of the proposed district is lo- 
cated within the judicial district; 

(5) "person" means a natural person; firm; partnership; cooperative; 

284 



WATERS AND IRRIGATION 89-3404 

association; public or private corporation, including- the state of Montana 
or the United States; foundation; state agency or institution; county; 
municipality; district or other political subdivision of the state; federal 
agency or bureau ; or any other legal entity ; 

(6) "department" means the department of natural resources and 
conservation provided for in Title 82A. chapter 15; 

(7) "board of supervisors" means the board of supervisors of the soil 
and water conservation district in which the largest portion of the taxable 
valuation of real property of the proposed district is located ; 

(8) "works" means all property, rights, casements, franchises, and 
other facilities including but not limited to land, reservoirs, dams, canals, 
dikes, ditches, pumping units, mains, ])ipelines. waterworks systems, rec- 
reational facilities, facilities for fish and wildlife, and facilities to control 
and correct pollution ; 

(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) "applicants" means any person residing within the boundaries 
of the proposed district making a request for a study of the feasibility of 
forming a conservancy district ; 

(11) "notice" means publication at least once each week for 3 con- 
secutive weeks in a newspa])er published in each county or. if no news- 
paper is published in a county, a newspaper of general circulation in the 
county or counties in wdiich a district is or will be located. The last 
published notice shall appear not less than 5 days prior to any hearing 
or election held under this act ; 

(12) "owners" are the person or persons who appear as owners of 
record of the legal title to real property according to the county records 
whether such title is held beneficially or in a fiduciary capacity, except 
that a person holding a title for purposes of security is not an owner 
nor may he afifect the previous title for purposes of this act ; 

(13) "taxable valuation" is the value as defined in 84-401 and does not 

mean assessed valuation. 

History: En. Sec. 3, Ch. 100, L. 1969; 
amd. Sec. 183, Ch. 253, L. 1974; amd. Sec. 
71, Ch. 566, L. 1977. 

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 sigTied 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. 

285 



89-3405 ELECTION LAWS 

89-3'\^5. 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 w^ho 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, 
department of fish and game, department of health and environmental 
sciences, and other affected state and federal resource agencies for their 
comments. 

History: En. Sec. 5, Ch. 100, L. 1959; 
amd. Sec. 1, Ch. 302, L. 1971; amd. Sec. 
184, Ch. 253, L. 1974; amd. Sec. 13, Ch. 
417, L. 1977. 

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 department of fish and game, depart- 
ment of health and environmental sciences, and other aft'ected 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 de- 
tailed feasibility report shall describe the proposed works and contain an 
estimate of the cost of the works, the means of financing, and the esti- 
mated costs of operation and maintenance. The department may adjust 
the boundaries of the proposed district to improve the feasibility, desir- 

286 



WATERS AND IRRIGATION 89-3425 

ability 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; amd. Sec. 13, Ch. 
417, L. 1977. 

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 w^ater plan, the procedure for organization is: 

(1) the department shall file a petition requesting organization with 
the court ; 

(2) and (3) * * * [Same.] 
History: En. Sec. 8, Ch. 100, L. 1969; 

amd. Sec. 187, Ch. 253, L. 1974. 

89-3410. Filing of documents after organization. Sooner than thirty- 
one (31) days after the district has been decreed organized, the clerk of 
the court shall transmit to the secretary of state, the department, and to 
the county clerk and recorder in each of the counties having lands in the 
district, copies of the election results, the decree of the court incorporating 
the district, and a description of the boundaries of the district. Copies of 
the same documents shall be filed in the office of the secretary of state in 
the same manner as articles of incorporation are required to be filed under 
the laws governing corporations. Copies shall also be filed in the office of 
the county clerk and recorder of each county in which a part of the district 
may be. The clerk and recorder of each county where the articles are filed 
and the secretary of state shall collect filing fees as provided by law. 

History: En. Sec. 10, Ch. 100, L. 1969; 
amd. Sec. 188, Ch. 253, L. 1974. 

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. 

89-3425. Challenging voters. An elector may challenge any person 
who claims the right to vote. Before voting, any jx'rson challenged must 
take and sign the following oath or affirmation administered by an elec- 
tion judge: 

"I (name) solemnly swear (or affirm) that I am an elector 

of the district and have not voted today." False subscription to the oath 
or affirmation is false swearing and is punishable as provided in 94-7-203. 

History: En. Sec. 25, Ch. 100, L. 1969; 
amd. Sec. 49, Ch. 460, L. 1977. 

287 



93-201 ELECTION LAWS 



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. Gal. 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. 

93-219. Justice or judge not to run for office^ — resignation required. 

(1) (a) If a person occupying the office of chief justice or associate 
justice of the supreme court or judge of a district court of the state of 
Montana becomes a candidate for election to any elective office under the 
laws of the state of Montana, he shall immediately, and in any event at or 
before the time when he must file as a candidate for such office in any 
primary or special or general election, resign from his office of chief jus- 
tice, associate justice, or district judge. 

(b) The resignation becomes efifective immediately upon its delivery 
to the proper officer or superior. 

(c) The resignation requirement applies except when the person is 
a bona fide candidate for reelection to the identical office then occupied by 
him or for another nonpartisan judicial office the term of which does not 
commence earlier than the end of the term of the office then occupied by 
him. 

(2) In the event of a failure to resign, the office of chief justice, 

associate justice, or district judge automatically becomes vacant and the 

former occupant has no further right, power, or authority therein for any 

purpose and no right to any emoluments tliereof, notwithstanding the fact 

that a successor is not appointed or elected. The vacancy becomes operative 

to deprive the person of the emoluments of the office in order to carry out 

the policy of this act. 

History: En. Sec. 1, Ch. 139, L. 1957; 
amd. Sec. 21, Ch. 344, L. 1977. 

288 



CIVIL PROCEDURE 93-302 

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 19 
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, JelTerson, 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 County. 

Twelfth district : Liberty, Hill, and Blaine counties. 

Thirteenth district: Yellowstone, Big Horn, Carbon, Stillwater, and 
Treasure counties. 

Fourteenth district: Meagher, Wheatland, Golden Valley, and Mussel- 
shell counties. 

Fifteenth district: Roosevelt, Daniels, and Sheridan counties. 

Sixteenth district : Custer, Carter, Fallon, Prairie, Powder River, Gar- 
field, and Rosebud counties. 

Seventeenth district: Phillips and Valley counties. 

Eighteenth district: Gallatin County. 

Nineteenth district : Lincoln County. 

History: En. Sec. 6256, Rev. C. 1907; 
re-en. Sec. 8812, R. C. M. 1921; a-nd. 
Sec. 1, Ch. 91, L. 1929; amd. Sec. 1, Ch. 
23, L. 1973; amd. Sec. 1, Ch. 517, L. 1977. 

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. 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 is 6 years : 

(1) in the 1st, 2nd, 11th, 16th. and 18th districts, two judges each; 

(2) in the 4th and 8th districts, three judges each; and 

(3) in the 13th district, four judges; 

(4) in all other districts, one judge each. 

History: En. Sec. 1, p. 156, L. 1901; Sec. 1, Ch. 161, L. 1959; amd. Sec. 1, Ch. 

re-en. Sec. 6264, Rev. C. 1907; re-en. 229. L. 1963; amd. Sec. 1. Ch. 14. L. 1973; 

Sec. 8813, R. C. M. 1921; amd. Sec. 2. amd. Sec. 22, Ch. 344, L. 1977; amd. Sec. 

Ch. 91, L. 1929; amd. Sec. 1, Ch. 18, L. 2, Ch. 517, L. 1977. 
1955; amd. Sec. 1, Ch. 91, L. 1957; amd. 

289 



93-309 ELECTION LAWS 

Selection of New Judges at the 1978 general election and shall take 

Section 3 of Ch. 517, Laws of 1977 read; office on January 1, 1979. The judge in 

"New judges — how selected. The judge- the 19th judicial district shall be appointed 

ships created by this act in previously by the governor under the provisions of 

existing districts shall be filled initially 93-705 through 93-717." 

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 
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. 

290 



CIVIL PROCEDURE 93-714 

(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. Creation, composition, and function of commission. A judicial 
nomination commission for the state of Montana is created. Its function 
is to provide the governor with a list of candidates for nomination to fill 
any vacancy on the supreme court or any district court of the state of 
Montana. The commission shall be composed of seven members as fol- 
lows : 

(1) four lay members who are neither judges nor attorneys, active 
or retired, who reside in different geographical areas of the state and each 
of whom is representative of a different industry, business, or profession, 
whether actively so engaged or retired, who shall be appointed by the 
governor ; 

(2) two attorneys actively engaged in the practice of law. one from 
each congressional district, who shall be appointed by the supreme court ; 

(3) one 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. The election shall 

be considered an appointment for the purposes of this act. 

History: En. Sec. 1, Ch. 470, L. 1973; 
amd. Sec. 30, Ch. 344, L. 1977. 

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. 

291 



93-1301 ELECTION LAWS 

CHAPTER 13— JURORS— QUALIFICATIONS AND EXEMPTIONS 

93-130L 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 
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. 



292 



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 

opening envelopes after deposit, 23-3715 
disposition of marked ballot upon receipt b^■ registrar, citv clerk, oi' clerk of 

school district, 2."-3708 
false affirmation, perjury, 23-3707 

mailing ballot to electors, envelopes, instructions, 23-3706 
marking and affirmation of ballot by elector, 23-3707 

poUbooks, insertion of name of elector and ballot numl)er by judge, 23-3711 
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, vacancv in office, 1972 Const., Art. VI, §§ 1 
to 3, 6; 59-203 

board of state canvassers, member of, 23-4016 
Auditor, election and qualifications, vacancy in office, 1972 Const., Art. VI, §§ 1 to 3, 
6; 59-203 

Ballots 

absentee voting — See Absentee voting 

ballot box, election judge to put ballots in, 23-3607 

constitutional convention question, 23-4802 

display of official l)allots at polling place, 23-3601 

electronic voting svstems, counting of ballots, procedure at counting locations, 

23-3905 
form, columns provided for each category, 23-3512 
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 

printed ballots provided by registrar, other ballots ineffective, 23-3506 
registrar's disposition of voted and unused ballots, 23-4007 
secret ballot required, 1972 Const., Art. IV, § 1; 23-2602 
spoiled ballots, procedure for receiving new ballot, 23-3606 
stub, size and contents, 23-3515 
voting machines, form of ballots, 23-3804 
write-in votes, 23-3606 — See Write-in votes 

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 

Eevenue Bond Act of 1939, election requirements, 11-2404 
school districts — See School <listricts and trustees, bond issues 

293 



READY-REFERENCE INDEX 

Bond issues — Coiitimied 

sewage and water supply systems in cities and towns, 11-2217, 11-2218 
special improvement district revolving funds, 11-2271, 11-2275 
state issues, notice and closing of registration for elections, 23-2704 
urban renewal projects and plans, bond elections, 11-3906 

Campaign finances and reporting requirements — See also Criminal offenses 
"commissioner" defined, 23-4796 

commissioner of campaign finances and practices, appointment, term, vacancy, 
removal, salary, offices, 23-4785 
powers and duties, 23-4786 
copies of designated election laws furnished officials and candidates, 23-4794 

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 

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 

petty cash funds, 23-4784 

public campaign fund, 23-4901 to 23-4906 

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, exception for certain school districts, 
23-4781 to 23-4783 

Canvass of returns 

count}' canvass 

certificates of election issued by clerk, 23-4014 

declaration of persons elected, 23-4013 

immaterial defects in returns disregarded, 23-4011 

public canvass required, 23-4011 

state returns, abstract made and sent to secretary of state, 23-4015 

tie for state senator or representative certified to governor, 23-4013 
primary elections, 23-3311 to 23-3314 
recounts, 23-4103 to 23-4121— See Recounts 
state canvass 

abstract of returns prepared by clerk of county canvassing board, trans- 
mittal to secretary of state, 23-4015 
board of state canvassers, composition, meeting, 23-4016 
primary election, 23-3314 

Cemetery district, appointment and terms of trustees, 9-207 

budget, maximum tax levy, expenditures in excess of budget, use of countv budget 
system, 9-209 

Certificates of election, issuance by clerk, contents, 23-4014 

Challenging voters, procedure, 23-4746 

determination of challenge on taking of oath, 23-3613 
grounds of challenge, 23-3611 

oath administered on challenges for want of identity, previous voting, or convic- 
tion and sentence, 23-3612 

registration, challenges prior to election or on election day, procedure, 23-3015 
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 

bus lines, operation of, 11-1019, 11-1021 
commission form of government 

nomination of candidates, primary election, 11-3112 

violations in elections, 11-3116 

294 



READY-REFERENCE INDEX 

Cities and towns — Continued 

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 
elections, general provisions 

city central committee, powers, 23-3403 

taxpayer, definition for election purposes, 23-2601(7) 
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 
gas systems, incurring indebtedness for, election requirements, 11-988 
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, 16-5115.1 to 16-5115.14 
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 

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 

special improvement district revolving funds, 11-2271, 11-2275 

taxpayer, definition for election purposes, 2-';-2601 (7) 

terms of officers, 11-709 

town officers, 11-703 

urban renewal projects and plans, bond elections, 11-3900 

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 

Coal, severance tax, portion dedicated to trust fund, use of fund, J 972 Const., Art. IX, § 5 

Committeemen and committees, organization of committees, county convention, 23-3405 

congressional committees, election of nioinbers, 23-3403 

county and city central committee, 23-.".40.':! 

powers of committees, role of state central coininittee where no county central 
committee exists, 2.'!-.'M03 

rules for government of party made by committees, 23-3403 

state central committee, election of county members, 23-3403 

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 
Conduct of elections — See Voting procedure, 23-3605 et seq. 

Congressional elections 

election at general election, nominations and elections as provided by law for 

governor, 23-4401 
election of United States senators and representatives, 23-4401 
representative, vacancy in office, special election, 23-4405 

295 



READY-REFERENCE INDEX 

Coiif^ressional elections — Continued 

senator, vacancy in oflfice, teniporurv appointment until next general election, 
23-4402 

vacancy in office of United States representative filled at special election, time 
of election, 23-4405 

vacancy in office of United States senator filled at general election, temporary 
appointment, 23-4402 

Conservancy districts 

challenging voters at elections, 89-3425 

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 — See also Initiative and referendum 
printing on official ballot, 23-3513 

provisions of Article III not applicable, 1972 Const., Art. Ill, § 8 
publication and printing, 1972 Const., Art. XIV, § 9(2), 23-2802 

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 — See also Recounts, 23-4103 to 23-4121 

advancement of cases, 23-4770 

bond required, 23-4766 

court having jurisdiction of proceedings, 23-4760 

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 

primary elections, notice, hearing, how tried and decided, certificate, 23-3316 

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, contributions from prohibited, 23-4744 

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 
boundary change, majority vote required, 1972 Const., Art. XI, § 2 
commissioner districts, 16-902.1 to 16-902.5 

creation by petition, election requirements, assessed valuation, termination, 16-501, 
16-502, 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, 16-5115.1 to 16-5115.14 

voter review, 1972 Const., Art. XI, § 9 
high school bond issues, 75-7134 to 75-7136 

296 



READY-REFERENCE INDEX 

Counties — Continued 

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-.5115.1 to 16-5115.14 
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 
taxpayer, definition for election purposes, 23-2601(7) 

Counting and tallying of votes 

canva.ss of returns, 23-4011 to 2.3-4016 — See Canvass of returns 

electronic voting systems, counting procedure, 23-3905 

largest number of votes elects, 1972 Const., Art. IV, § 5 

primary elections, 23-3311, 23-3312, 23-3314 

recounts, 23-4103 to 23-4121— See Recounts 

registrar's disposition of voted and unused ballots, 23-4007 
County clerk and recorder as ex officio county registrar, 23-3002 — See Registration 

County commissioners 

recounts, duties as county recount board, procedure after recount, 23-4117 
registration, commissioners to provide registrar with sufficient help, 23-3026 

County officers, tie vote, procedure, 23-4121 

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, 16-4503, 16-4505 to 16-4.508, 16-4517, 16-4520 

Criminal offenses — See also Campaign finances and reporting requirements 
aiding and abetting as violation, 23-47-105 

assembly of electors, prevention or disturbance of as misdemeanor, 23-47-121 
attempt to violate election law as violation, 23-47-104 
ballots, prohibited practices, 23-47-109 
betting on election as misdemeanor, betting to influence election, challenge of 

right to vote, 23-47-120 
bribery or corrupt practices, proviiling money for, 23-47-130 

bribing members of political gatherings and iecei\ing lirilies prohibited, 23-47-128 
challenging voters, procedure, 23-4746 
school elections, 75-6412 

coercion or undue influence of voters, 23-47-126 

consideration for voting or not voting, giving or receiving prohibited, 23-47-123 

contribution in violation of law as illegal practice, penalties, 23-47-131 

convention credential, transfer for consideration proliibited, 23-47-137 

conviction of crime, ineligibility to iiold office, 23-47-106 

copies of designated election laws f\irnished officials and candidates, 23-4794 

corporations, contributions from piohibited, 23-4744 

corporations, proceedings against for violation of election laws, 23-47-136 

court having jurisdiction of proceedings, 23-4760 

deceiving an elector as misdemeanor, 23-47-116 

deceptive election practices as falsification, or tampering with public records or 

information, 23-47-115 
demands and requests of candidates prohibited, exceptions, 23-47-127 
election code not to supersede criminal code, statute of limitations, 23-47-101 
electioneering on election day restricted, 23-47-119 
election materials, name and address of purchaser and printer included, penalty 

for violation, 23-47-133 
employee salary increase for political contribution proliibited, 23-47-135 
employers and employees, unlawful acts of, 23-47-134 
fish and game commission employees, political activity prohibited, 26-109 
forfeiture of nomination or office for violation of election laws, 2.'!-4758 

when not forfeited, 23-4757 
fraudulent registration practices, cancellation of registration, 23-47-117 
influence of voters proliibited, 23-47-122 

injunction by district court to enforce election laws, 23-47-108 
injury to election eciuipment, materials, and records as criminal mischief or 

tampering with public records and information, 23-47-114 
interference with election official as obstruction of public servant, 23-47-111 
judicial candidate, endorsement by political party as misdemeanor, 23-47-138 

297 



READY-REFERENCE INDEX 

Criminal offenses — Continued 

legislature to ensure puritv of elections and guard against abuses, 1972 Const., 
Art. IV, § 3 

naturalized citizens, assistance to influence vote, 2.';-47-124 

nominations, consideration for acceptance or refusal, preparation of ballots, in- 
junction, 2:V47-129 

officers and clerks of election, prohibited conduct, 2^-47-110, 2-'^47-12.") 

official misconduct, failure to act, fraudulent acts, 23-47-n2 

publications in newspapers and periodicals; iiiforination required, influencing 
editorials, violation as misdemeanor, 23-47-132 

public officials, service as delegates or mend^ers of political committees restricted, 
23-47-139 

public utilities, contrilnitions from prohibited, 23-4744 
reward offer contained in governor's election proclamation, 23-2901 
tampering with election records and information, 23-47-113 

trivial benefits incidental to campaign i)rocess not covered bv criminal provisions, 
23-47-102 

undisclosed principal, payments in name of prohibited, 23-4737 

violations of election laws as misdemeanor, 23-47-103 

voiding election, special election held, limitation, 23-47-107 

voting machines, assistance to illiterate, blind or physically disabled voter, 23-3812 

voting without authority, 23-47-118 

Definitions, terms used in election laws, 23-2601 

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, taxpavers' approval of assessments on improvements, 89-2330.1, 89- 
2330.3 

election of commissioners, time, term of office, residence of commissioners, 89-2302 
Electronic voting systems, procedure upon closing polls, 23-3905 
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 bv legislature or bv people, 1972 Const., Art. Ill, 

§9 
General elections 

definition, 23-2601(2) 

proclamation by governor, time for, contents, 23-2901 

Governor, constitutional requirements as to qualifications and election, 1972 Const., Art. 
VI, §§ 1 to 3 

election prescribed by constitution, 59-203 
proclamation of election, time for, contents, 23-2901 
public campaign fund, 23-4901 to 23-4906 

statement of returns received from board of state canvassers, 23-4016 
succession to office on death, disqualification or absence, 1972 Const., Art. VI, 
§14 

United States senator, vacancy in office, temporarv appointment, 23-4402 

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 

Independent candidates, certificates of nomination bv 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 

298 



READY-REFERENCE INDEX 

Initiative and referendum 

ballot form certified bv secretarv of state, source of ballot issue included, printing 

of ballots, 37-135 
committees to prepare arguments advocating approval or rejection of ballot issue, 
37-128 

appointment to committees, time for making, chairman of committees desig- 
nated, ;i7-129 
argument advocating approval or rejection, limitation on length, approval 
and signing, time of filing, .']7-]31 

rebuttal arguments, limitation on length, time of filing, subject 

matter, approval and signing, 37-132 
rejection of improper arguments, lesponsibilitv of author for content, 
37-133 
expenses allowed, claims apjiroved by majority of committee and submitted 
to secretary of state for payment, 37-130 

constitutional revision, 1972 Const., Art. XIV; 37-T20 et seq. — See Constitution of 
Montana 

county initiative and referendum, 37-301 to 37-311 
elections on measures, general or special, 1972 Const., Art. Ill, § 6 
effective date of initiative and referendum issues, 37-137 

false entries upon petitions or affidavits, oi- duplicate signatures on petitions, 
penalties, 37-138 

informational pamphlets, printing and distribution, multiple issues in single 
pamphlet, 37-111 

initiative petitions, form, 1972 Const., Art. Ill, § 4; 37-118 

local government units, 1972 Const., Art. XI, § 8 

number of qualified electors, how determined, 1972 Const., Art. Ill, § 7 

order of placement of questions on ballot, 23-3513 

petition, signing by qualified elector, sufficiency of signature, 37-116 

certification of petition to governor, governor's proclamation, 37-12(5 

disposition of copies, verification of signatures, challenges, 37-123 

form of petition generallv, approval of form required, petitions numbered, 

37-117 
initiative for constitutional timendment, form of petition, 37-121 
initiative for constitutional convention, form of petition, 37-120 
initiative petition, form, .'w-llS 
referendum petition, form, 37-119 

secretary of state to consider and count certified signatures, 37-124 
submission of petition sheets, certification of signatures, 37-122 
time for filing petitions with secretary of state, 37-125 

transmittal of issues to attoinev general, attornev general's statement, 
37-127 
procedures established, not applicable to appropriation of money, 37-115 
referendum, order by legislature or petition, form, 1972 Const., Art. Ill, § 5; 37-119 
reservation of powers by the people, 1972 Const., Art. V, § 1 

result of election, how determined, transmittal of approved ballot issues, 37-l.">6 
voter information pamphlet prepared by secretary of state, contents, 37-128 
printing and distribution, 37-134 
Instruction cards, printing, distribution, posting and contents, 23-3601 
Irrigation districts, commissioners, election, term of office, 89-1303 
qualifications and voting rights of electors, 89-1311 

Judges of elections, 23-3201 to 23-3204, 23-3206 

ballot bo.\, election judge to put ballots in, 23-."'.607 

challenge of voters, duties of judges, 23-3015, 23-3018, 23-3611 to^23-3613 
voting machines used, instructions to judges by registrar, 23-3807 
Judges, voting machines used in election, placenu'ut of non-partisan judicial ballot, 

23-3804 
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 
holding other office 

appointment to civil office during term prohibited, 43-202.2 

299 



READY-REFERENCE INDEX 

Legishituro — Con t in iicd 

holding otlier office — Continued 

candidacy for and election to anotluM' public office, resignation, 43-202.2, 
43-202>. 

purpose of act, 43-202.1 
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 activity of house appiopriations and senate finance and claims com- 
mittees, compensation and expenses, 43-218.1 
pre-session caucus, compensation and expenses, 43-218 
qualifications of candidates, 1972 Const., Art. V, § 4 
recount of votes, conditions under which recount made, 23-4103 
sessions, 1972 Const., Art. V, § 6 
vacancies, how filled, 1972 Const., Art. V, § 7; 43-215 

alternative method of selection, failure of candidate to receive majority 
vote, 43-216 

anticipated vacancy at commeTicement of term, 4."i-216.1 

Library federation, 44-213 

Lieutenant governor, election and qualifications, vacancy in office, 1972 Const., Art. VI, 
§§ 1 to 3, 6; 59-203 

Local Government Code 

alternative forms of local government, 47A-3-201 to 47A-3-209 

amendment of self-government charters or adopted forms of government, 

47A-3-209 
charter form, Const., Art. XI, § 5(1); 47A-3-208 

provisions to be contained in charter, others not excluded, 47A-3-208 
commission-chairman form, 47A-3-206 

alternative structural characteristics to be submitted to electors, 

47A-3-206(3) 
basic structure, alternative names, 47A-3-206(l) 

chairman or mayor, election, status, powers and duties, 47A-3-206(2) 
powers of local government, alternatives, 47A-3-206(4) 

commission-executive form, 47A-3-203 
basic structure, 47A-3-203(l) 
commission, nmnner of election, 47A-3-203(3) (g) 

chairman, alternative methods of selection, term, 47A-3-203 

(3)(i) 

number of commissioners, 47A-3-203(3) (1) 

terms of members, 47A-3-203(3) (k), (m) 
council, 47A-3-203(l) 
elections, how conducted, 47A-.'!-203(3) (h) 

executive, powers and duties, 47A-3-203(2), (3) 

voting rights, 47A-n-203(3) (j) 
financial officer or treasurer, alternative methods of selection, 47A-3 

203(3)(f) 
other names permitted, 47A-3-203(l) 
powers of local government, alternatives, 47A-3-203(4) 
presiding officer of commission, alternatives, 47A-3-203(3) (j) 

commission form, 47A-3-205 

alternative structural characteristics submitted to electors, 47A-3-205 

(2) 
basic structure, 47A-3-205(l) 

county and consolidated local governments, 47A-3-205(3) 
general government powers, 47A-3-205(4) 
officers, alternatives, 47A-3-205(3) 

commission-manager form, 47A-3-204 
basic structure, 47A-3-204(l) 

employees, exclusive powers of manager, 47A-3-204(4), (5) 
manager appointed bv commission, criteria, powers and duties, 47 A- 

3-204(2), (3) 
powers of local government unit, alternatives, 47A-3-204(7) 
structural characteristics to be defined in plan submitted to electors, 
47A-3-204(6) 

declaration of purpose, 47A-3-2Gl(l) 

one alternative form to be adopted by each local government, 47A-3-202 

scope of chapter, 47A-3-201(2) 

300 



READY-REFERENCE INDEX 

Local Governniont Code — Continued 

alternative forms of local government — Continued 
town meeting form, 47A-3-207 

agenda of meeting, contents, 47A-.']-207(4) 

alternative structural characteristics submitted to electors, 47A-3- 

207(9) 
annual meeting, 47A-'!-207 
basic structure, 47A-.">-207(l) 

cities or towns authorized to adopt town meeting form, 47A-.'?-207(l) 
legislative powers vested in town meeting, 47A-.'5-207(2) 
powers of local government, alternatives, 47A-."?-207(n) 
special meetings, how called, business conducte<l, proci-dure, 47A-.1- 

207(3), (4) 
town chairman elected, term, compensation, powers and duties, 47A- 
0-207(5) to (9) 
nonpartisan primary and general elect ioTis 

declaration of nomination and petition submitted by can<lidate, filing date, 

entry of name on ballot, 47A-.".-301 
general election, party designation proiiil)ited on ballot, 47A-3-303 
primary election, conduct of, voting, automatic nomination, determination 
of nominees, exception, 47A-3-302 
ordinances and resolutions, 47A-3-101 to 47A-3-10.S 
"chief executive" defined, 47A-3-101 
codes, adoption and amendment by reference, 47A-3-103 
initiative and referendum, 47A-3-100 

ordinances, enactment, signing, filing, emergencies, veto, register, codifica- 
tion, 47A-3-102 
petitions, determination of number of signatures required, 47A-3-107 
resolutions, adoption, veto, entrv into minutes, signing, effective date, 

47A-3-105 
self-government consolidated units of local government, ordinances for 

operation, 47A-3-108 
violation of ordinance, maximum penalty, 47A-3-104 

powers of self-governing local governments, 47A-7-101 to 47A-7-204 

exercise of any power not prohibited, Const., Art. XI, § (3; 47A-7-101 
liberal construction of self-government powers, 47A-7-]0(5 
limitations on powers, 47A-7-201 to 47A-7-204 

areas of state law in which exercise of power prohibited, 47A-7-204 
consistency with state law and regulation required, 47A-7-203 
exercise of certain powers prohibited except where delegated bv law, 

47A-7-202 
powers specifically denied, 47A-7-201 
ordinance or resolution of governing bodv required for exercise of power, 

47A-7-104 
services and functions not expressly prohibited, 47A-7-102 

general power government limitations not applicable, 47A-7-10.> 
state statutes applicable until superseded bv ordinance or resolution, 
47A-7-105 
Local government study commissions, 16-5115.1 to lG-51 15.14 
Mosquito control districts, 16-4203 to 16-4206, 16-4211 
Municipal courts, judges, election, t(>rm, 11-1703 

Natural resources 

reclamation, resource indemnity trust, 1972 Const., Art. IX, § 2 

severance tax on coal, i)ortion dedicated to trust fund, use of fund, 1972 Const., 
Art. IX, § 5 
Nominations 

certification of candidates' names and descriptions by secretary of state to regis- 
trars, 23-3319 
contest of nominations, notice, hearing, how tried and decided, certificate, 23-3316 
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 
preservation of certificates of nominations, 23-3319 
vacancies before and after primary, filling, 23-3321 
Notice of general election proclaimed by governor, time for, contents, 23-2901 
Oath of oflfice, 1972 Const., Art. Ill, § 3 

301 



READY-REFERENCE INDEX 

Oaths 

challenge of voters for want of identity, prior voting, or conviction and sentence, 

oath required, 2;^3612 
oath of office, ]972 Const., Art. Ill, § 3 

Offenses — See Campaign finances and reporting requirements; Contest of elections; Crim- 
inal offenses 
Opening and closing of polls, time, 23-2605 
Plurality to elect, primary elections, 23-3313 

Political parties 

campaign finances — See Campaign finances and reporting requirements 

committees, powers, organization, meeting, county convention, 23-3-103, 23-3-405 

criminal offenses — See Criminal offenses 

definition of party, 23-2601(6) 

public campaign fund, 23-1901 to 23-4906 

Pollbook, list of persons voting known as, 23-3610 

absentee ballots, insertion of name and number by judge, 23-3711 

recording name of voter in pollbook, 23-3606 
Polling place for precinct, designation of, 23-3103 

obstruction of passageway cleared by peace officer, 23-3005 

time for opening and closing polls, 23-2605 
Precinct register, preparation by registrar, delivery, 23-3012 

city or school district, charges for preparation, 23-3027 

identity of voter, requirement for proof, 23-3018, 23-3610 

marking by election judges at polls, procedure, 23-3018, 23-3610 

name on register required to vote, name as evidence of right to vote, 23-3018 

printing and posting list of voters, 23-3023 

signing of register by voter, 23-3018, 23-3610 

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 
error in ballot, remedies, 23-3315 
packaging and sealing of ballots after count of votes, 23-3312 

certification of candidates' names and descriptions by secretary of state to regis- 
trars, 23-3319 

cities over 3500 population, 23-3302 

contest, notice, hearing, how tried and decided, certificate, 23-3316 

counting and tallying votes and preparation of returns, 23-3311, 23-3312 

declaration of nomination, filing, fees, indigent candidates, 23-3304 

declining nomination, procedure, 23-3321 

definition, 23-2601(5) 

error in ballot or other wrongful or neglectful act, procedure, 23-3315 

nominating declarations, deadline for filing, 23-3305 

preservation of certificates of nominations, 23-3319 

presidential primary, 23-3322 to 23-3328 

tally sheets, keeping and announcing the tally, enclosure in envelopes and sealing, 
23-3311, 23-3312 

vacancies before and after primary, filling, 23-3321 

voting machines, separate rows or columns for political parties, 23-3804 

write-in candidate, acceptance of nomination, 23-3304 

wrongful or neglectful acts, procedure, 23-3315 
Proclamation of general election by governor, time for, contents, 23-2901 
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 

302 



READY-REFERENCE INDEX 

Qualifications and piivileges of voters — Continnoil 

school elections, 75-6410 

self-government, right to, 1972 Const., Art. II, § 2 

state indebtedness, notice and closin;;' of registration for elections, 2.'!-2704 

statutory enumeration of qualifications, 23-2701 

suffrage, right of, 1972 Const., Art. II, § 13 

taxpayer, definition for election puiposes, 2.'>-2()01 (7) 

United States Const., Amend. 2G 

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 

Recounts 

conditions under whicli recount to be made, 23-4103 

county recount board, certification of results, new certificate of election or nomi- 
nation, issuance of, 23-4117 
margin of vote furnishing ground for i-ecount, 23-4103 
procedure after recount, 23-4117 
tie vote determined, procedure, 23-4103, 23-4121 
Registration, requirement for, 1972 Const., Art. IV, § 3; 23-2701(1) 
absent electors in United States service, 23-300(5(7) 
cancellation of registration, 23-3013, 23-3014 

challenges 20 days prior to election or on election day, procedure, 23-3015 
close of registration, time for, procedure, 23-3016 

cost of stationerv, printing, publishing and posting as proper cliarge against 
county, 23-3026 

county clerk as ex officio county registrar, 2.">-3002 
definition of "registrar,"" 23-2601(8) 

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 
Residence requirements, 1972 Const., Art. IV, § 2; 23-2701(1), 23-3022 

Returns 

canvass of i-eturns, 23-401 1 to 23-4016 — See Canvass of returns 

defects in form of returns, effect, 23-4011 

destruction of ballots and stubs by legistrar, time for, 23-4007 

electronic voting systems use<], preparation of returns, 23-3905 

filing of ballots and stubs by rc'gistrai', 23-4007 

filing of precinct registers, certificates of registration, pollbooks, tally sheets, and 

oath of officers by registrar, 23-4007 
recount of ballot.s, 23-4103 to 2;'.-1121— See Recounts 

School districts and trustees 

abandonment of district, 75-6512, 75-6513 

high school district, attacliment to another district, 75-6524 

annexation of districts, 

elementary districts, 75-6507 to 75-6510 
high school districts, 75-6519 to 75-6526 

bond issues 

county bond issues for high school purposes, 75-7134 to 75-7136 
election required, procedure, 75-7110 to 75-7117 

303 



READY-REFERENCE INDEX 

School districts and trustees — Continued 
bond issues — Continued 

limitation of actions relating to bond issues, 93-2612 

refunding lionds, 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 
coniinunity eolh'H'i' districts, 75-8104 ct secj. — Sec Coiniiiunity colloffo disti'icts 

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 ot seq. — Sec School elections 

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 

conflicting provisions in general election law, 75-6402 

304 



READY-REFERENCE INDEX 

School elections — Continued 

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 count}^ 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 countv 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 l)y 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, vacancv in office, 1972 Const., Art. VI, 
§§1 to 3, 6; 59-203 

board of state canvassois, soorotary of, 2;i-4016 

independent candidates, determination of number of signatures needed for nomi- 
nating petitions in census divisions, 23-3318.1 
voting machines, examination and approval, 2.'>-3S01 

Sovereign immunity defense provided by law, 1972 Const., Art. II, § 18 

Special elections 

definition of "special election," 2;'>-2601 (il) 

opening and closing of polls, time for, 2.")-2(i0.") 

vacancy in office of United States representative, governor's issuance of writ of 
election to fill vacancy, 23-4405 
State debt, vote required for creation of, 1972 Const., Art. VIII, § 8 
State subject to suit except as provided by law, 1972 Const., Art. II, § 18 

Supreme court 

ballot on retention of incumbent justice, form, 23-451U.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 
justice or judge not to run for office, resignation required, 93-219 
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 ai)pointees, 93-713 

term of appointment, 93-714 

Taxation 

coal, severance tax, poition dedicated to trust fund, use of fund, J972 Const., 

Art. IX, § 5 
public campaign fund, 2;;-4901 to 23-490() 
school district, additional levy for special purposes, 75-6923 

305 



READY-REFERENCE INDEX 

Township officers, 16-2402, 16-2404, 16-2406 

Transportation districts, hearings, election requirements, 11-4503 to 11-4506, 11-4511, 
11-4512 

United States congressman, elections and vacancies, 2.")-4401 to 23-4405 — See Congres- 
sional elections 

Urban renewal projects and plans, bond elections, 11-3906 

Urban transportation districts, hearings, election requirements, 11-4503 to 11-4506, 11- 

4511, 11-4512 
Vacancies 

definition of "vacancy," 23-2601(4) 

United States representative, vacancy filled at special election, 23-4405 
United States senator, vacancv filled at next general election, temporarv appoint- 
ment, 23-4402 

Voting machines 

applicability of general election laws, 23-3822 

approval by secretary of state, 23-3801 

assistance to illiterate, blind or physically disabled voters, 23-3812 

ballots upon voting machines to correspond with sample ballots, 23-3804 

judges instructed by registrar, 23-3807 

judicial ballots, placement, 23-3804 

preparation of machines for use, 23-3804 

primary elections, separate row or column for eacli political party, 23-3804 

Voting procedure 

absentee voting, 23-3703 to 23-3724 — See Absentee voting 

challenges, 23-3611 to 23-3613— See Challenging voters 

deposit of ballots, procedure, violations, 23-3606, 23-3607 

electronic voting systems, procedure upon closing polls, 23-3905 

folding of ballot by voter and delivery to election judges, 23-3606 

identity of voters, requirement for proof, 23-3018 

list of persons voting known as poUbook, 23-3610 

marking of ballot by voter, 23-3606 

name in precinct register required for voting, name as evidence of riglit to vote, 

23-3018 
obstruction of passageway to polling place cleared bj' peace officer, 23-3605 
precinct register book, marking before elector votes, procedure, 23-3610 
recording name of voter, 23-3606 
signing of precinct register by voter, 23-3610 
spoiled ballot, procedure, 23-3606 
time of opening and closing of polls, 23-2605 
voting machines used, 23-3801 to 23-3822 — See Voting machines 
write-in votes, method of voting, 23-3606 — See Write-in votes 

Write-in votes 

authoritv of elector to write or paste name on ballot, marking and counting of 

ballot,' 23-3606 
method of voting, 23-3606 



306