^ PLEASE :'
~, a
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.
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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
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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.
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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.
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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
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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
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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:
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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
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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-
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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
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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
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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
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