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Full text of "Election laws of the state of Montana, 1971 supplement : containing constitutional amendments proposed and approved since publication of the 1970 edition of Election laws of the state of Montana and amendments to acts and new laws enacted by the 42nd Legislative Assembly in regular and first and second extraordinary sessions"

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ELECTION LAWS 



OF THE 



STATE OF MONTANA 



1971 SUPPLEMENT 



Containing 

CONSTITUTIONAL AMENDMENTS PROPOSED AND APPROVED 

SINCE PUBUCATION OF THE 1970 EDITION OF ELECTION 

LAWS OF THE STATE OF MONTANA AND AMENDMENTS 

TO ACTS AND NEW LAWS ENACTED BY THE 42ND 

LEGISLATIVE ASSEMBLY IN REGULAR AND FIRST 

AND SECOND EXTRAORDINARY SESSIONS 



Compiled by 

Frank Murray, Secretary of State 

Helena, Montana 



Publislipd by Authority 



Montana State Library 



3 0864 1004 2463 2 



- 




DATE 


DUE 






fiS^FEB 1 ; 


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S/342.2/S2e 

Montana. Laws, Statues, Etc. 
Election laws of the State of 
Montana. 1971. Supp. 



UATE D 



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' '^'"°''o 5960/ 



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ELECTION LAWS 

OF THE 

STATE OF MONTANA 

1971 SUPPLEMENT 



Containing 

CONSTITUTIONAL AMENDMENTS PROPOSED AND APPROVED 

SINCE PUBUCATION OF THE 1970 EDITION OF ELECTION 

LAWS OF THE STATE OF MONTANA AND AMENDMENTS 

TO ACTS AND NEW LAWS ENACTED BY THE 42ND 

LEGISLATIVE ASSEMBLY IN REGULAR AND FIRST 

AND SECOND EXTRAORDINARY SESSIONS 



Compiled by 

Frank Murray, Secretary of State 

Helena, Montana 



Published by Authority 



Copyright © 1971 by 

The Allen Smith Company 

Indianapolis, Indiana 



TABLE OF CONTENTS 



Title Page 

Constitution of United States : 1 

Constitution of Montana 3 

1. Aeronautics 9 

11. Cities and Towns, 11 

16. Counties 23 

19. Definitions and General Provisions 27 

23. Elections 29 

43. Legislature and Enactment of Laws 47 

75. Schools 53 

84. Taxation Ill 

89. Waters and Irrigation 113 

93. Civil Procedure 115 

94. Crimes and Criminal Procedure 117 

Ready-Reference Index 119 



111 



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. 



CONSTITUTION 



OF THE 



STATE OF MONTANA 



ARTICLE IX— RIGHTS OF SUFFRAGE AND QUALIFICATIONS 

TO HOLD OFFICE 

Sec. 2. Every person of the age of nineteen (19) years or over, pos- 
sessing the following qualifications, shall be entitled to vote at all general 
elections and for all officers that now are, or hereafter may be. elective 
by the people, and, except as hereinafter provided, upon all questions 
which may be submitted to the vote of the people or electors: l""irst, he 
shall be a citizen of the United States; second, he shall have resided in 
this state one year immediately preceding the election at \\'hich he ofTcrs 
to vote, and in the town, county or precinct such time as ma}' be pre- 
scribed by law. If the question submitted concerns the creation of any 
levy, debt or liability the person, in addition to possessing the ciualitica- 
tions above mentioned, must also be a taxpayer whose name appears upon 
the last preceding completed assessment roll, in order to entitle him to 
vote upon such question. Provided, first, that no person convicted of 
felony shall have the right to vote unless he has been j)ardoncd or restored 
to citizenship by the governor; provided, second, that nothing herein 
contained shall be construed to deprive any person of the right to ^•ote 
who has such right at the time of the adoption of this constitution; 
provided, that after the expiration of five years from the time cjf the 
adoption of this constitution, no person except citizens of the United 
States shall have the right to vote. 



Compiler's Notes 

This constitutes sec. 2 of .Article TX 
as an;ended bv act approved January .31, 
1969 (Ch. 14, Laws 1969), adopted at the 
general election of November ^. 1970, and 
effective under the governor's proclama- 
tion of November 20, 1970. The amend- 
ment changed tlie voting age from 21 to 
19 vears. 



Proposed Amendment 

Chapter 159, Laws 1971, proposes to 
amend this section to read as follows: 

"Section 2. Every person of the age 
of eighteen (18) years or over, possessing 
the following qualifications, shall be en- 
titled to vote at all general elections and 
for all officers that now are, or hereafter 



may be, elective by the people, and, ex- 
cept as hereinafter provided, upon all ques- 
tions which may be submitted to the vote 
of the people or electors: First, he shall 
be a citizen of the United States; second, 
he shall have resided in this state thirty 
(.30) days immediate!}' preceding the elec- 
tion at which he offers to vote, and in the 
town, county or precinct such time as may 
be prescribed by law. Provided that no 
person convicted of felony shall have the 
right to vote unless he has been pardoned 
or restored to citizenship by the gover- 
nor." 



Cross-References 

Electors' (jualifications in election on 
school district lew, debt or liability, sec. 
75-6410.1. 



Art. XIX, §8 



CONSTITUTION OF MONTANA 



ARTICLE XIX— MISCELLANEOUS SUBJECTS AND FUTURE 

AMENDMENTS 



Sec. 8. 
Referred Measure 

Laws 1969, ch. 65 submitted to electors 
the question whether a constitution con- 
vention should be called. The act read: 

"Section 1. At the general election to 
be held in November 1970 there shall be 
submitted to the electors of the state of 
Montana the question whether the legis- 
lative assembly at the 1971 session, and in 
accordance with article XIX, section 8 of 
the Montana constitution, shall call a con- 
vention to revise, alter, or amend the con- 
stitution of Montana." 

The measure was approved by the vo- 
ters at the general election of November 
3, 1970. 

Constitutional Convention [Chapter 296, 
Laws 1971; Chapter 1, Ex. Laws 1971] 

Chapter 296, Laws of 1971, as amended 
by ch. 1, Ex. Laws of 1971, provided for 
a constitutional convention to meet in 1971 
and 1972, to submit proposals to the elec- 
torate not more than six months after 
adjournment of the convention. The act, 
as amended, read: 

Section 1. A constitutional convention 
to propose revisions, alterations, or amend- 
ments to the constitution of the state of 
Montana is hereby called. 

Section 2. The number of members of 
the convention and the districts from 
which they are elected shall be the same 
as that provided for the election of mem- 
bers of the house of representatives of 
the Montana legislative assembly at the 
general election to be held November 7, 
1972. 

Section 3. The qualifications of mem- 
bers shall be the same as that of mem- 
bers of the senate of the Montana legis- 
lative assembly as provided in article V, 
section 3 of the constitution of the state 
of Montana: "No person shall be a sena- 
tor who shall not have attained the age of 
twenty-four (24) years, and who shall not 
be a citizen of the United States and who 
shall not (for at least twelve (12) months 
next preceding his election) have resided 
within the county or district in which he 
shall be elected." 

Section 4. (1) Delegates to the consti- 
tutional convention shall be elected in the 
same manner as members of the house of 
representatives, except the special primary 
election shall be held September 14, 1971 
and the special general election shall be 
held November 2, 1971. 

(2) Thirty (30) days or more before 
the special general election, the secretary 
of state shall certify to the registrars the 
name and description of each person 



nominated, as specified on the certificate 
of nomination filed with him. 

Section 5. Each member, before en- 
tering upon his duties, shall take and 
subscribe the following oath or affirma- 
tion prescribed by section 1 of article 
XIX of the constitution of the state of 
Montana: "I do solemnly swear (or af- 
firm) 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; and that 
I have not paid, or contributed, or prom- 
ised to pay or contribute, either directly 
or indirectly, any money or other valuable 
thing to procure my nomination or elec- 
tion (or appointment) except for neces- 
sary and proper expenses expressly au- 
thorized by law; that I have not know- 
ingly violated any election law of this 
state, or procured it to be done by others 
in my behalf; that I will not knowingly 
receive, directly or indirectly, any money 
or other valuable thing for the perform- 
ance or nonperformance of any act or 
duty pertaining to my office other than 
the compensation allowed by law, so help 
me God." 

Section 6. Vacancies occurring in the 
convention shall be filled in the manner 
provided for filling vacancies in the legis- 
lative assembly as provided in sections 
43-215 and 43-216, R. C. M. 1947: 

"43-215. Filling vacancies in legislative 
assembly — appointment by board of coun- 
ty commissioners — calling of board meet- 
ing. When a vacancy occurs in either 
house of the legislative assembly, the va- 
cancy shall be filled by appointment by 
the board of county commissioners, or, in 
the event of a multicounty district, the 
boards of county commissioners compris- 
ing the district sitting as one appointing 
board. 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 
legislative assembly, and he shall act as 
the presiding officer of the meeting." 

"43-216. Alternative method of selec- 
tion — failure of one candidate to receive 
majority vote. In the event that a deci- 
sion 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 
a number of candidates, not exceeding the 
number of counties comprising the dis- 
trict, in accordance with rules of selection 



CONSTITUTION OF MONTANA 



Art. XIX, §8 



adopted by the appointing board." 

Section 7. (1) It shall be the duty of 
the delegates elected to assemble in the 
chambers of the house of representatives 
in the state capitol building in the city of 
Helena at 10:00 a.m. on November 29, 
1971, for an organizational meeting of no 
longer than three (3) days duration. 

(2) This meeting shall be for the pur- 
pose of electing permanent convention of- 
ficers, adopting rules of procedure, and 
providing for such interim committees 
and staff members as may be necessary 
to prepare for the plenary meeting of the 
convention. 

(3) Until the convention has adopted 
rules of procedure, "Mason's Manual of 
Legislative Procedure" shall govern the 
procedure of the convention. A majority 
of the whole number of delegates to the 
convention shall constitute a quorum for 
the transaction of business, but a smaller 
number may adjourn from day to day. 
The convention may compel the attend- 
ance of its members. 

(4) The governor shall call the first 
meeting of the constitutional convention 
to order and shall preside until a tempo- 
rary president is elected. The governor 
shall: 

(a) call the roll of the members-elect, 
(as shown by the official election returns 
on file in the office of the secretary of 
state) ; 

(b) cause the oath called for by this 
act to be administered to those members- 
elect who are present; 

(c) call for nominations of convention 
members for the office of temporary presi- 
dent; 

(d) cause the roll of members to be 
called for the purpose of voting for tem- 
porary president, and 

(e) declare to be elected the person 
receiving a plurality of the votes cast for 
the office of temporary president. 

(5) The temporary president shall then 
assume the duties of the presiding officer, 
and the convention shall proceed to the 
election of a president from within its 
membership in like manner as the tempo- 
rary president was elected except that a 
majority of the votes cast is required to 
elect the president of the convention. The 
convention shall then proceed to elect one 
of its members as vice-president of the 
convention to preside in the absence of 
the president. 

(6) It shall be the duty of the delegates 
elected to assemble in plenary session in 
the chambers of the house of representa- 
tives in the state capitol building in the 
city of Helena at 10:00 a.m. on January 
17, 1972. The convention, which may re- 
cess from time to time, shall then remain 
in session as long as necessary. 



Section 8. In going to and returning 
from the convention and during its ses- 
sions, the members shall in all cases, ex- 
cept treason, felony or breach of the 
peace, be privileged from arrest; and 
they shall not be questioned in any other 
place for any speech or debate in the con- 
vention. 

Section 9. The convention may select 
and employ such employees as it may 
deem necessary to the efficient conduct of 
its business, each of whom shall receive 
such compensation as may be fixed by 
the convention. The convention may 
make such other expenditures as it deems 
proper to carry out its work, but shall not 
authorize total expenditures in excess of 
the amount appropriated by law for its 
expenses. 

Section 10. (1) The convention shall 
determine the rules of its procedure, and 
be the judge of the election, returns and 
qualifications of its members. The con- 
vention shall keep a verbatim journal of 
its proceedings and a transcript of its de- 
bates. Each committee of the convention 
shall keep a record of its proceedings and 
reports. The convention may also provide 
for the publication of any of its other 
documents and reports. 

(2) The verbatim journal of its pro- 
ceedings, the transcript of the debates of 
the convention, and the committee reports 
and proceedings shall be filed in the office 
of the secretary of state. 

Section 11. (1) It shall be the duty of 
all public officers and employees to fur- 
nish the convention with any and all 
statements, papers, books, records and 
public documents that the convention re- 
quires on request of the convention or its 
committees, and appear before the con- 
vention or any committee thereof. The 
convention, and its committees, may com- 
pel the attendance and testimony of wit- 
nesses and the production of books, rec- 
ords and documents. Oaths may be 
administered by the president or any other 
officer of the convention. Subpoenas and 
subpoenas duces tecum may be issued 
over the signature of the president or any 
other officer of the convention, and may 
be served by any adult person designated 
by the issuing officer. 

(2) Any district court judge, upon ap- 
plication of the convention, may compel 
the attendance of witnesses, the produc- 
tion of books, records or documents, and 
the giving of testimony before the conven- 
tion by an attachment for contempt or 
otherwise in the same manner as produc- 
tion of evidence, not privileged by law, 
may be compelled before the court. 

Section 12. (1) The convention may 
use the facilities of the state, municipal or 
county government when such use is not 



Art. XIX, §8 



CONSTITUTION OF MONTANA 



disruptive of regular governmental ac- 
tivities. 

(2) State, municipal and county officers 
and employees, at the request of the con- 
vention and with the consent of the em- 
ploying agency, may be granted leave 
with or without pay from their agency to 
serve as consultants to the constitutional 
convention. If leave with pay is granted 
they shall receive no other compensation, 
except mileage and per diem, from the 
convention. 

Section 13. The convention may also 
prepare a schedule of proposed legislation 
for submission to the 1973 legislative as- 
sembly that will complement the proposed 
revisions, alterations or amendments. 

Section 14. The convention shall pre- 
pare a schedule of transitional provisions 
and fix the date or dates upon which re- 
visions, alteratip.ns or amendments, if 
adopted by the voters, take effect. 

Section 15. (1) Sections 43-801 to 43- 
808, R. C. M. 1947, providing for the li- 
censing of legislative lobbyists shall apply 
to lobbying at the constittrtional conven- 
tion. 

(2) Licensed lobbyists shall file with 
the secretary of state a report on Febru- 
ary 1, 1972; February IS, 1972; March 1, 
1972; March 15, 1972; April 1, 1972; June 
15„ 1972. The report, under oath, must 
include all expenditures made by him rela- 
tive to promoting or opposing constitu- 
tional provisions. On the fifth day a re- 
port is delinquent, the secretary of state 
shall suspend the license of any licensed 
lobbyist who fails to file a report until 
such report is filed. The suspension shall 
be entered on the docket, and the presi- 
dent of the convention notified. 

(3) Reports must be filed even though 
no expenditure may have been made. 

(4) Reports need not include: 

(a) reasonable internal expenditures 
such as office expenses, maihng and rou- 
tine research, and 

(b) reasonable expenditures for his per- 
sonal food, lodging and travel. 

(5) Expenditures of twenty-five dollars 
($25) or less may be reported in total 
amounts rather than in detail. 

(6) A lobbyist who terminates his du- 
ties shall give the secretary of state, with- 
in thirty (30) days after the date of such 
termination, written notice and shall in- 
clude a report of his expenditures cover- 
ing the period of time since his last re- 
port. Such reports shall be final. 

(7) The secretary of state shall provide 
forms and shall keep such reports on file 
for three (3) years. All records are to be 
open to the public. 

(8) Failure to file reports or the filing 
of incomplete information is a violation 
of section 43-808, R. C. M. 1947. 



Section 16. (1) For each day of the 
organizational, plenary and signing ses- 
sions of the convention, members of the 
convention shall be paid the same per 
diem, and expenses as provided in sec- 
tion 43-310, R. C. M. 1947, for members 
of the legislative assembly. 

(2) The president and vice-president of 
the convention shall be paid the same per 
diem, and expenses as the president of 
the senate and speaker of the house of 
representatives as provided in section 43- 
311, R. C. M. 1947. 

(3) Members and officers shall be en- 
titled to mileage for three (3) trips to 
and from their residences and Helena by 
the nearest traveled route at the rate pro- 
vided for the legislative assembly in sec- 
tion 43-310, R. C. M. 1947. 

(4) Officers and employees of the state 
and its political subdivisions who are not 
prohibited by the Montana constitution 
or laws of Montana from serving as dele- 
gated and who are elected and serve as 
delegates to the convention shall have 
leave, ^without pay, from their employ- 
ment during the time the convention is in 
session, and they shall be entitled to the 
per diem, expenses and mileage for dele- 
gates as provided in this section. 

Section 17. (1) The revision or altera- 
tion of, or the amendments to the consti- 
tution, adopted by the convention, shall 
be submitted to the electors of this state 
for ratification or rejection, at an election 
appointed by the convention for that pur- 
pose, not less than two (2) months nor 
more than six (6) months after the ad- 
journment of the convention. 

(2) The convention may submit pro- 
posals to the electorate for ratification in 
any of the following forms: 

(a) submitted as a unit in the form o[ 
a new constitution; 

(b) submitted as a unit with the excep- 
tion of separate proposals to be voted up- 
on individually, or 

(c) submitted in the form of a series 
of separate amendments. 

(3) The proposals adopted by the con- 
vention shall be certified by the president 
and secretary of the convention to the 
secretary of state. 

(4) Each proposed revision, alteration, 
or amendment, together with appropriate 
information explaining each revision, al- 
teration, or amendment, shall be published 
in full and disseminated to the electors 
upon adjournment of the convention but 
not later than thirty (30) days preceding 
the election and in such manner as the 
convention prescribes. 

(5) The convention shall also publish 
a report to the people explaining its pro- 
posals. 

(6) Notice of the election shall be given 



CONSTITUTION OF MONTANA 



Art. XIX, §8 



in the manner and form prescribed by 
the convention. 

(7) The convention shall prescribe tbe 
manner and form of voting at such elec- 
tion. 

(8) The votes cast at such election shall 
be tabulated, returned and canvassed in 
such manner as may be directed by the 
convention. 

(9) If a majority of the electors voting 
at the special election shall vote for the 
proposals of the convention the governor 
shall by his proclamation declare the pro- 
posals to have been adopted by the people 
of Montana. The new constitutional pro- 
visions shall take effect as provided there- 
in, or as provided in a schedule of transi- 
tional provisions attached thereto. 

(10) The election laws of the state of 
Montana shall apply in all other respects 
to the election conducted under this sec- 
tion. 

Section 18. Every person who, at the 
time of holding of the elections provided 
for in this act, is a qualified voter under 
the constitution and laws of this state 
shall be entitled to vote in such election. 

Section 19. All state and local officials 
shall do all those things which are appro- 
priate to the holding of each of the special 
elections provided for in this act and 
which are required under the general elec- 
tion laws. 

Section 20. (1) A temporary state agen- 
cy known as the Montana constitutional 
convention commission consisting of six- 
teen (16) members is hereby cheated to 
prepare for the constitutional convention. 
Legislators whose terms of office- have 
not expired shall not be appointed to tUe 
comrnission. Members of the commission 
shall be appointed for a term ending upon 
sine die adjournment of the constitutional 
convention, consideration being given to 
geographic, economic, and other f)ertment 
factors as follows: 

(a) four (4) members appointed by the 
speaker of the house of representatives, 
no more than two (2) of whom shall be 
affihated with the same political party; 

(b) four (4) members appointed by the 
committee on committees of the senate, 
no more than two (2) of whom shall be 
affiliated with the same political party; 

(c) four (4) members appointed by the 
governor, no more than two (2) of whom 
shall be affiliated with the same political 
party; 

(d) four (4) members appointed by the 
supreme court, no more than two (2) of 
whom shall be affiliated with the same 
political party. 

(2) Commission members shall be re- 
imbursed for actual and necessary ex- 
penses incurred as commission members. 

(3) Vacancies in the membership of the 



commission shall be filled in the same 
manner as the original appointments, ex- 
cept when the legislature is not in session 
a vacancy among members appointed by 
the speaker of the house and the commit- 
tee on committees of the senate may be 
filled by selection of another member by 
the remaining members of commission. 

(4) The commission shall select from 
its membership a chairman and any other 
officers it considers necessary. 

(5) The commission may employ and 
fix the compensation and duties of neces- 
sary staff. 

(6) State, municipal and county officers 
and employees, at the request of the com- 
mission and with the consent of the em^ 
ploying agency, may be granted leave 
with or without pay from their agency 
to serve as consultants to the constitu- 
tional convention commission. If leave 
with pay is granted they shall receive no 
other compensation, except mileage and 
per diem, from the commission. 

(7) It shall be the duty of the commis- 
sion, in order to prepare for the constitu- 
tional convention: to undertake studies 
and research; to compile, prepare and as- 
semble essential information for the dele- 
gates, without any recommendation. 

(8) The chairman shall schedule meet- 
ings of the commission as deemed neces- 
sary. The chairman shall give due notice 
of the time and place of the meetings to 
members of the commission. The direc- 
tor shall report at each meeting. 

(9) The commission shall maintain a 
written record of its proceedings and its 
finances which shall be open to inspection 
by any person at the office of the com- 
mission during regular office hours. 

(10) Upon request, state agencies shall 
co-operate with the commission by fur- 
nishing assistance and data to the extent 
possible. 

(11) The commission may accept and 
expend any federal funds which may be 
available for support of the preparatory 
study. 

(12) The commission shall report its 
findings and any recommendations it con- 
siders necessary to the convention and 
transfer its files to the constitutional con- 
vention within ten (10) days after the 
constitutional convention has convened. 

Section 21. (1) The following amount 
is appropriated from the general fund to 
the constitutional convention commission: 

For the period ending February 1, 
1972 $149,540 

Any amount unexpended from this ap- 
propriation on February 1, 1972 is appro- 
priated to the constitutional convention 
for the biennium ending June 30, 1973. 

(2) The following amount is appropri- 
ated from the federal and private revenue 



Art. XIX, §9 



CONSTITUTION OF MONTANA 



fund to the constitutional convention com- 
mission: 

For the period ending February 1, 

1972 $146,461 

Any amount unexpended from this ap- 
propriation on February 1, 1972 is appro- 
priated to the constitutional convention 
for the biennium ending June 30, 1973. 

(3) The following amount is appropri- 
ated from the general fund to the consti- 
tutional convention: 

For the biennium ending June 30, 

1973 $499,281 

(4) The follow^ing amount is appropri- 
ated from the general fund to the secre- 
tary of state for the elections relating to 
the constitutional convention: 

For the biennium ending June 30, 
1973 $41,000 



Section 22. If any part of this act shall 

be declared invalid or unconstitutional, it 
shall not affect the validity of any other 
part of this act. 

Section 23. This act is effective on its 
passage and approval. 

Section 24. This act is repealed effec- 
tive June 30, 1973." 



Title of Act 

An act to provide for a constitutional 
convention; making appropriations in 
connection therewith; providing for an 
immediate effective date; and further pro- 
viding for an automatic repealer. 



Sec. 9. Amendments to this constitution may be proposed in either 
house of the legislative assembly, and if the same shall be voted for 
by two-thirds of the members elected to each house, such proposed amend- 
ments, together w^ith the ayes and nays of each house thereon, shall be 
entered in full on their respective journals; and the secretary of state 
shall cause the said amendment or amendments to be published in full 
in at least one newspaper in each county (if such there be) for three 
months previous to the next general election for members to the legis- 
lative assembly; and at said election the said amendment or amendments 
shall be submitted to the qualified electors of the state for their approval 
or rejection and such as are approved by a majority of those voting 
thereon shall become part of the constitution. Should more amendments 
than one (1) be submitted at the same election, they shall be so prepared 
and distinguished by numbers or otherwise that each can be voted upon 
separately. Not more than three amendments to this constitution shall be 
submitted at the same election, except that there may be submitted at 
each of the general elections held in the years 1972, 1974 and 1976, in 
addition to the three amendments otherwise authorized by this section, 
an amendment or amendments providing for the reorganization of the 
executive department of government which may include the revision 
or repeal of sections of this constitution relating to any boards, offices, 
and departments other than legislative and judicial offices. The reorganiza- 
tion of the executive department is a single subject, and an additional 
amendment relating to that subject authorized by this section may be 
submitted to the qualified electors of the state in the form of a title clearly 
expressing its subject. 



Compiler's Notes 

This constitutes sec. 9 of article XIX as 
amended by act approved February 21, 
1969 (Ch. 66, Laws 1969), adopted at the 
general election of November 3, 1970, and 



effective under the governor's proclama- 
tion of November 20, 1970. The amend- 
ment added to the next to last sentence 
the exceptions applicable to the elections 
of 1972, 1974 and 1976, and it added the 
last sentence to the section. 



8 



TITLE 1— AERONAUTICS 



CHAPTER 8— ESTABLISHMENT OF AIRPORTS BY COUNTIES 
AND CITIES— MUNICIPAL AIRPORTS ACT 

Section 

1-804. Tax levy for establishment and operation of airports. 

1-804. (5668.38) Tax levy for establishment and operation of airports. 
For the purpose of establishing, constructing, equipping, maintaining and 
operating airports and landing fields under the provisions of this act the 
county commissioners or the city or town council may each year assess and 
levy in addition to the annual levy for general administrative purposes, 
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, based upon the benefits it is determined each shall derive from 
the project. 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 
improve existing runways, taxiways and ramps, said governing bodies 
may set up annual reserve funds in their annual budget, provided said 
reserve is approved bj^ the governing bodies during the normal budgeting 
procedure. 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 
expended 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 deposits 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 opera- 
tions and maintenance budget of said airport governing body. The above 
provisions, notwithstanding other budget control measures, and due to 



1-917 AERONAUTICS 



the uniqueness of the subject matter, and are hereby declared necessary 
in the interests of the public health and safety. 



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



CHAPTEE 9— MUNICIPAL AND REGIONAL AIRPORT AUTHORITIES 

Section 

1-917. County tax levy for airport purposes. 

1-917. County tax levy for airport purposes. In counties supporting 

airports or airport authorities, a levy, as provided for in section 1-804, 

R.C.M. 1947, may be made for such purposes. 

History: En. 1-917 by Sec. 16, Ch. 433, 
L. 1971. 



10 



TITLE 11— CITIES AND TOWNS 

CHAPTER 7— OFFICERS AND ELECTIONS 

Section 

11-709. Biennial elections in cities and towns — terms of office. 

11-721.1. Recall of elective officers. 



11-709. (5003) Biennial elections in cities and towns — terms of office. 

On the first Tuesday of April of every second year a municipal election 
must be held, at which the qualified electors of each town or city must 
elect the officers of the city as defined in section 11-701 whose terms of 
office will expire, with aldermen to be voted for by the wards they re- 
spectively represent; the mayor to hold office for a term of four (4) years, 
and until the qualification of his successor; and each alderman so elected 
to hold office for a term of four (4) years, and until the qualification of 
his successor; and also in cities of the first, second and third class, a 
police judge and a city treasurer, who shall hold office for a term of four 
(4) years, and until the qualification of their successors; provided, how- 
ever, that in the election to be held the first Tuesday of April, 1973, one 
alderman from each ward will be elected for a term of two (2) years and 
one alderman from each ward will be elected for a term of four (4) years, 
and in the next succeeding election and thereafter, one alderman from 
each ward will be elected for a four (4) year term. The city council shall 
by resolution determine which office of alderman in each ward shall be for 
a term of two (2) years and which for four (4) years at the election to be 
held on the first Tuesday of April, 1973. 

History: Ap. p. Sec. 4, p. 122, L. 1893; M. 1921; amd. Sec. 1, Ch. 60, L. 1935; 
amd. Sec. 4748, Pol. C. 1895; re-en. Sec. amd. Sec. 1, Ch. 193, L. 1971; amd. Sec. 
3224, Rev. C. 1907; re-en. Sec. 5003, R. C. 1, Ch. 343, L. 1971. 



11-721.1. Recall of elective officers. (1) The holder of any elective 
office under a mayor-council form of municipal government may be re- 
moved at any time by the electors qualified to vote. The procedure to ef- 
fect the removal of an incumbent of an elective office shall be as follows : 
A petition signed by twenty-five per cent (25%) of all qualified electors 
registered for the last preceding general municipal election, demanding 
an election for recall of the person sought to be recalled, shall be filed with 
the city clerk, which petition shall contain a general statement of the 
grounds for which the removal is sought. The signatures to the petition 
need not be appended to one paper, but each signer shall add to his signa- 
ture his place of residence, giving the street and number. One of the 
signers of such paper shall make oath before an officer competent to 
administer oaths that the statements therein are true as he believes, and 
that each signature to the paper appended is the genuine signature of the 
person whose name it purports to be. 

11 



11-1202 CITIES AND TOWNS 

(2) Within ten (10) days from the date of filing such petition the city- 
clerk shall examine, and from the voters' register ascertain whether or 
not said petition is signed by the requisite number of qualified electors, 
and, if necessary, the council shall allow him extra help for that purpose; 
and he shall attach to said petition his certificate, showing the result of 
said examination. If, by the clerk's certificate, the petition is shown to be 
insufficient, it may be amended within ten (10) days from the date of 
said certificate. The clerk shall, within ten (10) days after such amend- 
ment, make like examination of the amended petition, and if his certificate 
shall show the same to be insufficient, it shall be returned to the person 
filing the same ; without prejudice, however, to the filing of a new petition 
to the same effect. If the petition shall be deemed to be sufficient, the 
clerk shall submit the same to the council without delay. If the petition 
shall be found to be sufficient, the council shall order and fix a date for 
holding said election, not less than seventy (70) days nor more than eighty 
(80) days from the date of the clerk's certificate to the council that a 
sufficient petition is filed. 

(3) The council shall make, or cause to be made, publication of notice 
and all arrangements for holding such election, and the same shall be 
conducted, returned, and the result thereof declared, in all respects as are 
other elections. 

(4) Any vacancy created as a result of such recall election shall be 
filled as prescribed in section 11-721, R.C.M. 1947. 

History: En. Sec. 1, Ch. 329, L. 1971. tive officers of cities and towns under a 

mayor-council form of government. 
Title of Act ^ 

An act to provide for removal of elec- 

CHAPTER 12— CONTEACTS AND FRANCHISES 

Section 

11-1202. Awarding contracts — advertisements — limitations — installments — sales of sup- 
plies — construction of buildings — purchases from government agencies — 
exemptions. 

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 
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 

12 



CONTRACTS AND FRANCHISES 11-1202 

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 sucli 
amount is extended over a term of three (3) years, at least one-third (I/3) 
thereof shall be paid each year, and if such amount is extended over a 
term of four (4) years, at least one-fourth (V^) is to be paid each year, 
and if such amount is extended over a term of five (5) years, at least one- 
fifth (1/5) is to be paid each year; provided that at the time of entering 
into such contract, there shall be an unexpended balance of appropriation 
in the budget for the then current fiscal year available and sufficient to 
meet and take care of such portion of the contract price as is payable dur- 
ing the then current fiscal year, and the budget for each following year, in 
which any portion of such purchase price is to be paid, shall contain an 
appropriation for the purpose of paying the same. 

Old supplies or equipment may be sold by the city or town to the 
highest responsible bidder, after calling for bid purchasers as herein set 
forth for bid sellers, and such city or town may trade in supplies or old 
equipment on new supplies or equipment at such bid price as will result 
in the lowest net price. 

Also a city or town may, without bid, when there are sufficient funds 
in the budget for supplies or equipment, purchase such supplies or equip- 
ment from government agencies available to cities or towns when the same 
can be purchased by such city or town at a substantial saving to such city 
or town. 

History: En. Sec. 1, Ch. 48, L. 1907; 153, L. 1947; amd. Sec. 1, Ch. 139, L. 

Sec. 3278, Rev, C. 1907; re-en. Sec. 5070, 1949; amd. Sec. 1, Ch. 220, L. 1959; amd. 

R. C. M. 1921; amd. Sec. 1, Ch. 22, L. Sec. 1, Ch. 26, L. 1963; amd. Sec. 1, Ch. 

1927; amd. Sec. 1, Ch. 18, L. 1939; amd, 121, L, 1969; amd. Sec. 1, Ch. 371, L. 

Sec. 1, Ch, 59, L. 1941; amd. Sec. 1, Ch. 1971. 

13 



11-2217 CITIES AND TOWNS 

CHAPTEE 22— SPECIAL IMPROVEMENT DISTRICTS 

Section 

11-2217. Cities and towns may establish sewage treatment and disposal plant sys- 
tems and water supply and distribution systems. 

11-2218. May issue revenue bonds — sinking fund — refunding revenue bonds. 

11-2271. Loans from revolving fund for paying improvement district warrants — au- 
thorization by electors. 

11-2275. Creation and maintenance of fund. 

11-2217. Cities and towns may establish sewage treatment and dis- 
posal plant systems and water supply and distribution systems. Any city 
or toAvn 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, 
li. 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 

14 



SPECIAL IMPROVEMENT DISTRICTS 11-2271 

city council or other governing body of the municipality for that purpose, 
and noticed and conducted in accordance with the provisions of sections 
11-2308 to 11-2310, inclusive; and all bonds shall mature within forty 
(40) years from date of bonds, and may be registered as to ownership 
of principal only with the treasurer of said municipality, if so directed 
by the governing body. No bonds sliall be sold for less than par, and 
each of said bonds shall state plainly on its face that it is payable only 
from a sinking fund, naming said fund and the ordinance and resolution 
creating it, and that it does not create an indebtedness within the meaning 
of any charter, statutory or constitutional limitation upon the incurring of 
indebtedness. 

(2) to (8) * * * [Same as parent volume.] 

(9) In any case where refunding bonds are issued and sold six 
(6) months or more before the earliest date on which all bonds refunded 
thereby mature or are prepayable in accordance with their terms, the 
proceeds of the refunding bonds, including any premium and accrued 
interest, shall be deposited in escrow with a suitable bank or trust 
company, having its principal place of business within or without the 
state, which is a member of the federal reserve system and has a com- 
bined capital and surplus not less than one million dollars ($1,000,000), 
and shall be invested in such amount and in securities maturing on such 
dates and bearing interest at such rates as shall be required to provide 
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 Avarrants, 
or any interest thereon, shall be, at the time of the passage of this act, 
or shall thereafter become due and payable, and there shall then be either 
no money or not sufficient money in the appropriate district fund with 
which to pay the same, an amount sufficient to make up the deficiency 
may, by order of the council, be loaned by the revolving fund to such 

15 



11-2275 



CITIES AND TOWNS 



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 tUie on such bond or warrant, 
whether it bo for principal or for interest or for both as the council may 
in its discretion elect or determine shall be paid from the money so loaned 
or from the money so loaned when added to such insufficient amount, as the 
case may require. 

(2) In connection with any public offering of special improvement 
district bonds or sidewalk, curb and alley approach warrants, the city 
or town council may undertake and agree to issue orders annually au- 
thorizing loans or advances from the revolving fund to the district fund 
involved in amounts sufficient to make good any deficiency in the bond 
and interest accounts thereof to the extent that funds are available, and 
may further undertake and agree to provide funds for such revolving 
fund pursuant to the provisions of section 11-2270 by annually making 
such tax levy (or, in lieu thereof, such loan from the general fund) as the 
city or town council may so agree to and undertake, subject to the maxi- 
mum limitations imposed by said section 11-2270, which said undertakings 
and agreements shall be binding upon said city or town so long as any 
of said special improvement district bonds or sidewalk, curb and alley 
approach Avarrants so oft'ered, or any interest thereon, remain unpaid. 



History: En. Sec. 3, Ch. 24, L. 1929; 
amd. Sec. 1, Ch. 179, L. 1945; amd. Sec. 
17, Ch. 158, L. 1971; amd. Sec. 3, Ch. 255, 
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. 



16 



MUNICIPAL BONDS AND INDEBTEDNESS 11-2310 

CHAPTER 23— MUNICIPAL BONDS AND INDEBTEDNESS 

Section 

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

11-2310. Registration of electors. 

11-2306. (5278.6) Petition for election— form— proof. No bonds shall 
be issued by a city or town 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 dulj^ 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, and no such election shall be called unless there 
has been presented to the city or town council a petition, asking that 
such election be held and question submitted, signed by not less than 
twenty per centum (20%) of the qualified electors of the city or town. 
Every petition for the calling of an election to vote upon the question 
of issuing bonds shall plainly and clearly state the purpose or purposes 
for which it is proposed to issue such bonds, and shall contain an estimate 
of the amount necessary to be issued for such purpose or purposes. There 
may be a separate petition for each purpose, or two (2) or more purposes 
may be combined in one (1) petition, if each purpose with an estimate 
of the amount of bonds to be issued therefor is separately stated in such 
petition. Such petition may consist of one (1) sheet, or of several sheets 
identical in form and fastened together, after being circulated and signed, 
so as to form a single complete petition before being delivered to the 
city or town clerk, as hereinafter provided. The petition shall give the 
street and house number, if any, and the voting precinct of each person 
signing the same. 

Only persons who are qualified to sign such petitions shall be qualified 
to circulate the same, and there shall be attached to the completed peti- 
tion the affidavit of some person who circulated, or assisted in circulating, 
such petition, that he believes the signatures thereon are genuine and that 
the signers knew the contents thereof before signing the same. The com- 
pleted petition shall be filed with the city or town clerk who shall, within 
fifteen (15) days thereafter, carefully examine the same and the county 
records showing the qualifications of the petitioners, and attach thereto 
a certificate, under his official signature, which shall set forth : 

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

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

(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. 

11-2310. (5278.10) Registration of electors. Upon the adoption of the 
resolution calling for the election the city or town clerk shall notify the 
county clerk of the date on which the election is to be held and the county 
clerk must cause to be published in the official newspaper of the city or 
town, if there be one, and if not in a newspaper circulated generally in the 
said city or town and published in the county where the said city or town 

17 



11-2404 CITIES AND TOWNS 

is located, a notice signed by the county clerk stating that registration 
for such bond election will close at noon on the fifteenth (15th) day prior 
to the date for holding such election and at that time the registration 
books shall be closed for such election. Such notice must be published 
at least five (5) days prior to the date when such election books shall be 
closed. 

After the closing of the registration books for such election the county 
clerk shall promptly prepare lists of the qualified electors of such city 
or town who are entitled to vote at such election and shall prepare pre- 
cinct registers for such election as provided in section 23-3012 and deliver 
the same to the city or town clerk who shall deliver the same to the 
judges of election prior to the opening of the polls. It shall not be neces- 
sary to publish or post such lists of qualified electors. 

History: En. Sec. 10, Ch. 160, L. 1931; 17, Ch. 64, L. 1959; amd. Sec. 10, Ch. 158, 
amd. Sec. 1, Ch. 182, L. 1939; amd. Sec. L. 1971. 



CHAPTER 24— MUNICIPAL EEVENUE BOND ACT OF 1939 

Section 

11-2404. Authorization of undertaking — form and contents of bonds. 

11-2404. Authorization of undertaking — form and contents of bonds. 

The acquisition, purchase, construction, reconstruction, improvement, bet- 
terment or extension of any undertaking may be authorized under this 
chapter, and bonds may be authorized to be issued under this chapter 
by resolution or resolutions of the governing body of the municipality, 
when authorized by a majority of the qualified electors voting upon such 
question at a special election noticed and conducted as provided in sec- 
tions 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 govern- 
ing body of the municipality has by resolution or resolutions approved the 
acquisition, purchase, construction, reconstruction, improvement, better- 
ment or extension of any undertaking as in this chapter provided and 
ordered said special election ; provided, that the issuance of refunding 
revenue bonds may be authorized by resolution or resolutions of the gov- 
erning body of the municipality without an 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- 

18 



COMMISSION FORM OF GOVERNMENT 11-3116 

lished once at least five (5) days prior to such sale in a neAvspaper cir- 
culating in the municipality and in a financial newspaper published in 
the city of New York, New York, or the city of Chicago, Illinois, or the 
city of San Francisco, California, except that, in the event the bond 
issue is in an amount of less than one hundred fifty thousand dollars 
($150,000), the bond issue shall be advertised at least five (5) days prior 
to such sale in daily newspapers circulating in Montana cities of 10,000 
population or over, in lieu of advertising in a financial newspaper in 
New York, Chicago, or San Francisco, and also in a newspaper as specified 
in section 16-1201 if that newspaper is different from the daily newspapers 
circulating in Montana cities of 10,000 population or over. Pending the 
preparation of the definitive bonds, interim receipts or certificates in 
such form and with such provisions as the governing body may determine 
may be issued to tlie purchaser or purchasers of bonds sold pursuant to 
this chapter. Said bonds and interim receii)ts or certificates shall bo fully 
negotiable, as provided by the Uniform Commercial Code — Investment 
Securities. 

History: En. Sec. 4, Ch. 126, L. 1939; 1963; amd. Sec. 11-106, Ch. 264, L. 1963; 
amd. Sec. 2, Ch. 145, L. 1951; amd. Sec. 2, amd. Sec. 11, Ch, 158, L. 1971; amd. Sec. 
Ch. 38, L. 1957; amd. Sec. 1, Ch. 52, L. 5, Ch. 234, L. 1971. 



CHAPTER 31— COMMISSION FORM OF GOVERNMENT 

Section 

11-3116. Bribery — false answers concerning qualifications of elector — voting by dis- 
qualified person. 

11-3116. (5379) Bribery — false answers concerning- qualifications of 
elector — voting by disqualified person. Any i)erson offering to give a 
bribe, either in money or other consideration, to any elector, for the 
purpose of influencing his vole 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 lie 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 willfull}^ 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 count}^ jail not less than ten 
(10) nor more than ninety (90) days. 

History: En. Sec. 14, Ch. 57, L. 1911; 
re-en. Sec. 5379, R. C. M. 1921; amd. 
Sec. 1, Ch. 166, L. 1971. 

19 



11-3229 CITIES AND TOWNS 

CHAPTER 32— COMMISSI ON-MANAGEE FOEM OF GOVEENMENT 

Section 

11-3229. Bribery — false answers concerning qualifications of elector — voting by dis- 
qualified person. 
11-3248. Compensation of commissioners and mayor. 

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 constitution of the state of 
Montana, or is not a citizen 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 misdemeanor, 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 impris- 
onment. 

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

11-3248. (5417) 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. 



CHAPTER 39— URBAN RENEWAL LAW 

Section 

11-3906. Preparation and approval of urban rencAval projects and urban renewal 
plans. 

11-3906. Preparation and approval of urban renewal projects and 
urban renewal plans, (a) A municipality shall not approve an urban 
renewal project for an urban renewal area unless the local governing body 
has, by resolution, determined such area to be a blighted area and desig- 
nated such area as appropriate for an urban renewal project. The local 
governing body shall not approve an urban renewal plan until a com- 
prehensive plan or parts of such plan for an area which would include an 

20 



URBAN RENEWAL LAW 11-3906 

urban renewal aiea 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 budge't 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. 



21 



TITLE 16— COUNTIES 



CHAPTER 4— LOCATION OF COUNTY SEATS 

Section 

10-405. Registration of voters. 

16-405 (4382) Registration of voters. The period for the registration 
of electors shall be between the hours of nine a.m. and nine p.m. on all 
legal days from nine a.m. of the fourth Monday prior to the date of said 
election to nine p.m. of the second following Saturday. It shall be the 
duty of each registry agent to publish and post notices of the time and 
places of registration in the manner provided by law for the publication of 
notices of registration for general elections. No person shall be entitled to 
register and vote at such special election unless he is a qualified voter of 
the state of Montana of the minimum age provided by the constitution 
of the state of Montana and has met the residency requirement for voting 
provided by the constitution of the state of Montana, and also takes and 
subscribes to the oath provided in section 479, R.C.M. 1947. 

The general election laws of this state governing the registration of 
electors and defining the duties of the registry agents shall apply to and 
govern the registration of electors in elections held under this act in so 
far as the same do not conflict herewith. 

History: En. Sec. 5, Ch. 135, L. 1911; 
re-en. Sec. 4382, R.C.M. 1921; amd. Sec. 1, 
Ch. 119, L. 1971. 



CHAPTER 20— COUNTY FINANCE— BONDS AND WARRANTS 

Section 

16-2021. Petition and election required for bonds issued for other jiurjio-ses. 

16-2022. Form, contents and proof of petition. 

16-2026. Registration. 

16-2021. (4G30.7) Petition and election required for bonds issued for 
other purposes. County bonds for any other purpose than those enu- 
merated in section 16-2013 shall not be issued unless authorized at a duly 
called special or general election at which the question of issuing such 
bonds was submitted to the qualified electors of the county and approved, 
as provided in section 16-2027; and no such bond election shall be called 
unless there has been presented to the board of county commissioners a 
petition, asking that such election be held and such question be submitted, 
signed by not less than twenty per centum (20%) of the qualified electors 
of the county. 

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

23 



16-2022 COUNTIES 

16-2022. (4G30.8) Form, contents and proof of petition. Every peti- 
tion for tlie eallin{,' of an eleetion to vote upon the question of issuing 
county bonds shall plainly and clearly state the purpose or purposes for 
which the proposed bonds are to be issued, and shall contain an estimate 
of the amount necessary to be issued for such purpose or purposes. There 
may be a separate petition for each purpose, or two (2) or more purposes 
may be combined iji one (1) if each ])urpose, with an estimate of the 
amount of bonds necessary to be issued therefor, is separately stated in 
such petition. Such petition may consist of one (1) sheet, or of several 
sheets identical in form and fastened together after being circulated and 
signed so as to form a single complete petition before being delivered to 
the county clerk as hereinafter provided. The petition shall give the post- 
oflSce address and voting precinct of each person signing the same. 

Only persons who are qualified to sign such petitions shall be qualified 
to circulate the same, and there shall be attached to the completed petition 
the affidavit of some person who circulated, or assisted in circulating such 
petition, that he believes the signatures thereon are genuine and that the 
signers knew the contents thereof before signing the same. The completed 
petition shall be filed with the county clerk who shall, within fifteen (15) 
days thereafter, carefully examine the same and the county records show- 
ing the qualifications of the petitioners, and attach thereto a certificate 
under his official signature and the seal of his office, which certificate shall 
set forth : 

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

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

(3) Whether such qualified .signers constitute more or less than 
twenty per centum (20%) of the registered electors of the county. 

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



16-2026. (4630.12) Registration. Upon the adoption of the resolution 
calling for the election, the county clerk must cause to be published in 
the official newspaper of the county a notice, signed by him, stating that 
registration for such bond election will close at noon on the fifteenth day 
prior to the date for holding such election and at that time the registra- 
tion books shall be closed for such election. Such notice must be published 
at least ten (10) days prior to the day when such registration books will 
be closed. 

After the closing of the registration books for such election the county 
clerk shall promptly prepare lists of the registered electors of such voting 
precinct who are entitled to vote at such election, and shall prepare pre- 
cinct registers for such election, as provided in section 23-3012, and 
deliver the same to the judges of election prior to the opening of the polls. 
It shall not be necessary to publish or post such list of qualified electors. 

History: En. Sec. 12, Ch. 188, L. 1931; 
amd. Sec. 1, Ch. 138, L. 1939; amd. Sec. 
18, Ch. 64, L. 1959; amd. Sec. 14, Ch. 
158, 1971. 

24 



PUBLIC HOSPITAL DISTRICTS 16-4307 

CHAPTER 24— COUNTY OFFFCERS— QUALIFICATTONS— 
CF.NKRATi PROVTSIONS 

Section 

16-2401. General qualificitions for county office. 

16-2402. General qualifications for district and township ofTiccs. 

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. 

History: En. Sec. 4310, PoL C. 1895; 
re-en. Sec. 2955, Rev. C. 1907; re-en. Sec. 

4723, R.C.M. 1921; amd. Sec. 1, Ch. 423, 
L. 1971. Cal. Pol. C. Sec. 4101. 

16-2402. (4724) General qualifications for district and township oflSces. 

No person is eligible to a district or township office who is not of the 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 duties of the office 

are to be exercised, for which he is elected. 

History: En. Sec. 4311, Pol. C. 1895; 
re-en. Sec. 2956, Rev. C. 1907; re-en. Sec. 

4724, R.C.M. 1921; amd. Sec. 2, Ch. 423, 
L. 1971. Cal. Pol. C. Sec. 4102. 

16-2406. (4728) County and other officers, when elected, etc. 

Compiler's Notes third paragraph of section 16-2406, as set 

Section 19, Art. VIII of the Constitu- forth in the parent volume, that county 

tion, as amended in 1962, provides for a attorneys shall be elected "at each general 

four-year term of office for county attor- election." 

neys. This supersedes the provision in the 



CHAPTER 4.3— PUBLIC HOSPITAL DISTRICTS 

Section 

16-4307. Government of district — appointment, election and terms of trustees. 

16-4307. Government of district — appointment, election and teims of 
trustees. Said hospital district shall be governed and managed by a board 
of three (3) trustees, elected by tlie registered electors residing in tlie dis- 
trict. 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 crea- 
tion of the district, subject to the creation thereof, shall qualify upon the 
organization of the district, if created, and the trustees may be nominated 
and have their names appear upon the ballots upon the filing with the 
board of county commissioners of a petition signed by any five (5) quali- 
fied electors of the district. Any elector may sign as many nominating 
petitions as there are persons to be elected. The trustees elected for the 
first board shall serve for terms commencing upon their being elected and 
qualified and terminating one (1), two (2) and three (3) years respect- 

25 



16-4517 COUNTIES 

ively, from tlie first Monday in May fullowini; tlieir election, and until 
their respective successors shall be elected and qualify. Annually there- 
after there may be elected a trustee to serve for a term of three (3) years 
and until his successor shall be ([ualified and such term of three (3) years 
shall commence on the first IMonday in May following the said trustee's 
election. All elections and nominations for election of trustees thereafter, 
shall be conducted by said qualified voters in the same manner as pro- 
vided by the laws of the state of IMontana for the election of school trus- 
tees 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 filinjrs nuide with the clerk of the school board, the 
trustees or the board of trustees of the school district or the county super- 
intendent 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 dis- 
trict, the trustees or the board of trustees 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 com- 
missioners 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 ap- 
point 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 ofifice 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. 



CHAPTER 45— COUNTY WATER AND SEWER DISTRICTS 

Section 

16-4517. Bonded indebtedness. 

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. 



26 



TITLE 19— DEFINITIONS AND GENERAL PROVISIONS 



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

Section 

19-107. Legal holidays and business days defined. 

19-107. (10) Leg-al 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, the fourth Monday in October. 

(10) Thanksgiving Day, the fourth Thursday in November. 

(11) Christmas Day, December 25. 

(12) State general election day. 

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

Whenever any bank in the state of Montana elects to remain closed 
and refrains from the transaction of business on Saturday, pursuant to 
authority for permissive closing on Saturdays by virtue of the laws of the 
state, legal holidays for such bank during the year of such election are 
hereby limited to the following holidays: 

(1) Each Sunday. 

(2) New Year's Day, January 1. 

(3) Memorial Day, the last Monday in May. 

(4) Independence Day, July 4. 

(5) Labor Day, the first Monday in September. 

(6) Thanksgiving Day, the fourth Thursday in November. 

(7) Christmas Day, December 25. 

(8) On such days as banks are closed in accordance with sections 
1 through 5 [5-1058 to 5-1062] of this act. 

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 observe as 

27 



19-107 DEFINITIONS AND GENERAL PROVISIONS 

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, the fourth 
Monday in October, and on any local holiday which historically or tradi- 
tionally or by proclamation of a local executive official or governing body 
is established as a day upon which businesses are generally closed in the 
community 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. Cal. 

Ch. 21, 1921; re-en. Sec. 10, E. C. M. 1921; Pol. C. Sees. 10-11. 
amd. Sec. 1, Ch. 209, L. 1955; amd. Sec. 1, 



28 



TITLE 23— ELECTIONS 

CHAPTER 26 

DEFINITIONS AND GENERAL PROVISIONS 

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

Cross-References 

School bond elections, sees. 75-7110 to 
75-7117. 

School elections, sees. 75-6401 to 75-6423. 

CHAPTER 27 

QUALIFICATIONS AND PRIVILEGES OF ELECTORS 

Section 

23-2701. Qualifications of voter. 

23-2701.1. Legislative policy and purpose. 

23-2701. Qualifications of voter. (1) No jxtsou may be entitled 
to vote at general and special elections for officers which are elective, and 
upon questions submitted to the vote of the people unless he has the 
following qualifications : 

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

(b) He must be of the minimum age for voting prescribed by the 
constitution of the state of Montana, except that to vote for president 
and vice-president of the United States, or for United States senator or 
representative, he must be eighteen (18) years of age; 

(c) He has met the residence requirements for voting provided in 
the constitution of tlie state of Montana and has resided in the county 
thirty (30) days immediately preceding the election at which he offers 
to vote, except that if he has resided in the state for thirty (30) days 
immediately preceding the election at which he offers to vote, he shall be 
allowed to vote for president and vice-president of the United States; 

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

(2) No person convicted of a felony has the right to vote unless he 
has been pardoned. 

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

History: En. Sec. 6, Ch. 368, L. 1969; the other. Since tiio changes made by the 

amd. Sec. 1, Ch. 120, L. 1971; amd. Sec. two amendments do not appear to cou- 

2, Ch. 158, L. 1971. flict, tiic compiler has made a composite 

section incorporating the chnnges made 

Compiler's Notes by both amendatory acts. 

This section was amended twice in 1971, 

once by Ch. 120 and once by Ch. 158. Amendments 

Neither anuMulatory act mentioned nor Chapter 120, Laws of 1971 deleted "Ex- 
incorporated all of the changes made by eept as provided in section 23-2702" at 

29 



23-2701.1 



ELECTIONS 



tlie beginning of subsection (1); substi- 
tuted ii new sul)clivision (l)(a), now sub- 
division (l)(b), for a sulxlivision (l)(a) 
rendiaig "He must be twenty-one (21) 
years of age;" and substituted a new sub- 
division (l)(b), now subdivision (l)(c), 
for a subdivision (l)(b) reading "He 
must have resided in the state one (1) 
year and in the county thirty (30) days 
immediately preceding the election at 
which he offers to vote." 

Chapter 158, Laws of 1971, rewrote the 
preliminary paragraph in subsection (1), 
wliich formerly read: "Except as provided 
in section 23-2702, every person, if regis- 
tered as required by law, is entitled to 
vote at all general and special elections 
for all officers which are elective, and 
upon all questions submitted to the vote 
of the people if he has the following 
qualifications:"; inserted a new subdivi- 
sion (l)(a); substituted a new subdivision 
(l)(b) reading "He must be of the mini- 
mum age for voting provided by the 
constitution of the State of Montana" for 
a former subdivision (l)(a) reading "He 
must be twenty-one (21) years of age;" 
and redesignated former subdivisions (b) 
and (c) of subsection (1) as subdivisions 
(c) and (d) respectively. 

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 T?ights Act Amendments of 1970, 
42 V. S. C. § 1973an, to i)roliil)it use of 
literacy tests or other devices used to 
discriminate against voters on account of 
their race in all state and national elec- 
tions. United States v. Arizona, — TJS 
— , — L Ed 2d — , 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. United States v. Arizona, — 



US 



L Ed 2d 



91 S Ct 260. 



Voting Age 

Provisions of the Voting Eights Act 
Amendments of 1970, 42 U. S. C. § 1973bb-l, 
setting minimum voting age at 18 are con- 
stitutional and enforceable in so far as they 
pertain to federal elections but are un- 
constitutional and unenforceable in so 
far as they pertain to state and local elec- 
tions. United States v. Arizona, — US 
— , — L Ed 2d — , 91 S Ct 260. 



23-2701.1. Legislative policy and purpose. Section 2 of article IX 
of the Montana constitution provides that in order to entitle a person 
to vote upon a question which may be submitted to a vote of the people 
or electors, if the question concerns the creation of any levy, debt or 
liability, he must, in addition to possessing other qualifications, be a 
taxpayer whose name appears on the last preceding completed assess- 
ment roll. Recent decisions of the supreme court of the United States 
hold that similar provisions in the constitutions and statutes of other 
states are in conflict with the equal protection clause of the fourteenth 
amendment to the constitution of the United States. The ability of the 
state and of its counties, cities, towns and school districts and other 
political subdivisions to provide funds needed for essential governmental 
purposes depends in substantial part upon their ability to create valid 
debts and liabilities and, when the same are required by law or the con- 
stitution to be submitted to a vote of the people or electors, to record 
and canvass such vote in such manner as to determine finally and conclu- 
sively whether or not the debt or liability has been approved by the 
required majority vote of the electors qualified and offering to vote 
thereon. It is therefore the policy and purpose of this law to eliminate all 
statutory electors' qualifications for voting on the creation of any public 
debt or liability except such qualifications as are validly by or pursuant 
to the Montana constitution ; to provide an adequate procedure for hearing 



30 



REGISTRATION OF ELECTORS 23-3004.1 

and determination of any issue raised with reference to such qualifica- 
tions; and to limit to a reasonable time the period within which such 
issues may be raised. 

History: En. Sec. 1, Ch. 158, L. 1971. 16-2021, 16-2022, 16-2026 and 93-2612, R.C.M. 

f A +• 1947; prescribing a period of limitation 

Title of Act upon actions and defenses raising an issue 

An act relating to elections upon quos- ;is to such qualifications; and providing 

tions which concern or may concern the an effective date. 

creation of a public debt or liability and 

the qualifications of persons petitioning Repealing Clause 

for and voting at such elections: amend- Section 2 of Ch. 120, Laws 1971 read 

ing sections 1-804, 23-2701, 23-2702, 23- "Sections 23-2702 and 23-2703, R.C.M. 1947, 

2703, 23-3012, 23-4201, 11-2217, 11-2271, 11- are here})v repealed." 

2275, 11-2306, 11-2310, 11-2404, 11-3900, 

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. 



CHAPTER 30 

REGISTRATION OF ELECTORS 

Section 

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

23-3004.1. Resident school district included in registration. 

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

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

registry of elector in United States service. 
23-3014. Cancellation of registry for other reasons — ^reregistration. 
23-3016. Close of registration — procedure. 
23-3022. Residence, rules for determining. 

23-3023. Printing of list of electors shown on precinct registers. 
23-3027. Charges to city or school district — warrant — when no precinct registers 

required. 

23-3001. Hig-hway patrol to submit new- voter lists to major political 
parties. No later than January 31 in erny 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, 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 re- 
sponsible 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. first sentence; and made a minor change 

in phraseology. 
Amendments 

The 1971 amendment inserted "com- 

23-3004.1. Resident school district included in registration. In the 
discretion prescribed by section 23-3004, R.C.M. 1947, the county registrar 

31 



23-3012 ELECTIONS 

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 3n23 and 23-3027, E.C.M. 1947, providing 

An act to require recording of the for precinct registers. 

23-3012. Lists of registered electors — precinct register — indication of 
taxpayer electors. (1) Innnediately after registration is closed, the regis- 
trar 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. 

(2) The registrar shall stamp "taxpayer" beside the name of an elec- 
tor who is a taxpayer to show lie is qualified to vote in an election at 
which voting is validly limited by the constitution to taxpayers. 

History: En. Sec. 31, Ch. 368, L. 1969; for "an election for the incurring of a 

amd. Sec. 5, Ch. 158, L. 1971. state debt, issuance of bonds or deben- 
tures by the state, or the levying of a 

Amendments state tax"; and deleted from subsection 

T!ie 1971 amendment substituted "an (2) a second sentence reading "No other 

election at which voting is validly limited evidence is necessary to show that the 

by the constitution to taxpayers" at the elector is a taxpayer." 
end of the first sentence of subsection (2) 

23-3013. Cancellation of registry for failure to vote — reregistration — 
cancellation of registry of elector in United States service. (1) Except 

as provided in subsections (8) and (4) of this section, immediately after 
every general biennial election, the registrar 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) Kemove the registry cards of all electors who failed to vote, mark 
each card "canceled," and place canceled cards for the entire county in 
alphabetical order in the "canceled file" ; 

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

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

(3) Tlie registration of an elector in the TJnited States service may 
be cancelled upon failure to v<;te in the previous two (2) general elec- 
tions. 

(4) The registration of an elector who actually votes by absentee 

ballot shall not be cancelled if his ballot is received and rejected by the 

registrar within ten (10) days succeeding the election. 

History: En. Sec. 32, Ch. 368, L. 1969; (4)" in subsection (1); added subsection 
amd. Sec. 1, Cli. 254, L. 1971. (4); and made minor changes in phrase- 

ology and punctuation. 
Amendments 

The 1971 amendment inserted "and 

23-3014. Cancellation of registry for other reasons — reregistration. 

(1) The registrar shall cancel any registration card: 
(a) At the written request of the person registered; 

32 



REGISTRATION OF ELECTORS 23-3016 

(b) When a certificate of the death of any elector is filed; 

(c) "Within forty-five (45) days prior to the closing of registration 
three (3) qualified registered electors residing within the precinct may 
challenge an elector by filing affidavits giving the name of the challenged 
elector, his registry number, his residence, and stating of the personal 
knowledge of the affiant the person registered does not reside at the place 
designated on his registration card; 

(d) When the insaiiity of the elector is legally established; 

(e) If a certified copy of a final judgment of conviction of any elector 
of a felony is filed ; 

(f) If a certified copy of a court order directing the cancellation is 
filed with the registrar. 

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

(3) At the close of registration, the court clerk of each county shall 
send a list of those electors whose registrations have been cancelled 
due to a felony conviction to the secretary of state. The secretary of 
state shall compile a list of all such electors and send a copy of the list 
to each registrar. 

History: En. Sec. 33, Ch. 368, L. 1969; Amendments 

amd. Sec. 1, Ch. 299, L. 1971. The 1971 amendment added subsection 

(3). 

23-3016. Close of re^stration — 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 tiiue; (iii) for forty (40) days before any election other than here- 
inabove provided. 

(b) Immediately after closing registration seiid the secretary of shiUr 
a certificate showing the number of voters registered in each preciiu-l 
in a county; 

(c) Sixty (CO) days before the election, publish notice in a newspajier 
of general circulation in the county specifjang the day registrations will 
close and post the notice in each precinct. The published notice sliall 
continue for a period of twenty (20) days. 

(2) The notice shall state that electors maj' 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; of tlio second p:irnt:r.ipli of subdivision 
amd. Sec. 1, Ch. 385, L. 1971. (1) (b); and made mWior .•li.-inpos in style 



Amendments 

The 1971 amendment rewrote subdivision 



and phraseology. 
Effective Date 



(1) (a) wliieh formerly read, "Close all Section 2 of Cli. 385, Laws 197! provided 

registration for forty (40) days before tlio act sliould be in effect from and 

;niv election"; substituted "Sixty days after its i).issage and approval. Approved 

before the election"' for "Twenty (20) Manli 1.1, 1971. 
days before the closing" at the beginning 

33 



23-3022 ELECTIONS 

23-3022. Residence, rules for determining. For registration or voting, 
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, ho has the intention of returning. 

(2) A person may not ^ain oi- lose a rosidence while a student at 
any instiUition of h'arning, while kei)t involuntarily at an}^ public in- 
stitution not necessarily at public expense, while confined in any public 
prison, or while residing on a military reservation. 

(3) A person in the armed forces of the United States may not become 
a resident in consequence of being stationed at a military facility in the 
state. A person may not acquire a residence by reason of being employed 
or stationed at a training or other transient camp maintained by the United 
States within the state. 

(4) A person does not lose his residence if he goes into another state, 
or other district of this state, for temporary purposes with the intention 
of returning unless he exercises the election franchise in the other state 
or district. 

(5) A person may not gain a residence in a county if he comes in for 
temporary purposes without the intention of making that county his home. 

(6) If a person moves to another state with the intention of making 
it his residence, he loses his residence in this state. 

(7) If a person moves to another state with the intention of residing 
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 man's family resides is presumed his place of 
residence. However, a man who takes up or continues his residence at a 
place other than where his family resided with the intention of remaining 
is a resident of the place where he resides. 

(9) A change of residence can only be made by the act of removal 
joined with intent to remain in another place. There can only be one 
residence. 

(10) The term of residence must be computed by including the day of 

election. 

History: En. Sec. 41, Ch. 368, L. 1969; ployed in the service of the Tlnited States 
amd. Sec. 1, Ch. 394, L. 1971. or of this state" after "lose a residence"' 

in subdivision (2); and made a minor 
Amendments change in punctuation. 

The 1971 amendment deleted "while em- 

23-3023. Printing 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 pre- 
ceding any election. 

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

(3) Ten (10) days or more before any election, a copy of the list of 
registered voters shall be posted in each precinct. Sufficient copies of the 
lists shall be retained by the registrar and furnished to an elector upon 
request. 

34 



JUDGES AND CLERKS OP ELECTIONS 23-3201 

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

(5) The list of registered voters prepared for a primary election 
may be posted and 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 and posted. 

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

city in which the election is to be held. 

History: En. Sec. 42, Ch. 368, L. 1969; class scliool district" after "city" in sub- 
amd. Sec. 2, Ch. 243, L. 1971. section (1); and deleted "or school dis- 

trict" after "city" in subsection (6). 
Amendments 

The 1971 amendment deleted "or first 

23-3027. Charges to city or school district — warrant — when no precinct 
registers required. (1) For each name entered on a precinct register 
prepared for a city or school district, the registrar shall charge the city 
or school district three cents ($.03). He shall also charge the actual ex- 
pense incurred on account of the city or school district. 

(2) The council or board of school trustees shall order a warrant 
drawn for the expenses specified in subsection (1) of this section within 
thirty (30) days after notification of the charges. 

(3) If no general city election is required, the registrar shall not 
prepare precinct registers. 

(4) If there are only as many candidates nominated as there are 
vacancies on a first class school district board of trustees, the registrar 
shall not prepare precinct registers. 

(5) Within two (2) days after nominations are legally closed, the 
city clerk or clerk of a first class school district shall notify the registrar 
when no precinct registers are required. 

History: En. Sec. 46, Ch. 368, L. 1969; tence of subsection (1); and deleted "in 
amd. Sec. 3, Ch. 243, L. 1971. printing and posting the lists of electors, 

publishing notice, and other expenses in- 
Amendments curred" after "actual expense incurred" 

The 1971 amendment deleted "first class" in the second sentence of subsection (1). 
before "school district" in the first sen- 

CHAPTER 82 

JUDGES AND CLEEKS 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 

35 



23-3202 ELECTIONS 

general primary election, the commissioners shall appoint five (5) election 
judges and two (2) clerks for each precinct having two hundred (200) 
or more electors and three (3) election judges and two (2) clerks for each 
precinct having less than two hundred (200) electors. Judges for new pre- 
cincts shall be appointed based upon the estimated number of electors. 

(2) If a precinct has three hundred fifty (350) or more electors, 
the commissioners may appoint a second board of five (5) election judges 
and two (2) clerks who shall have the same qualifications as the first board. 
The second board shall: 

(a) Meet at their respective polling places as ordered; 

(b) Count and tabulate ballots as soon as the first board has com- 
pleted their duties in regard to the voting. 

(3) If counting and tabulating the ballots is not completed by 8 a. m. 
on the day following the election, the first board shall reconvene and 
relieve the second board until 8 p. m. when the second board shall again 
reconvene and relieve the first board until the ballots are counted and 
tabulated. 

(4) The election judges constituting the boards shall number the 

ballots and count the tally upon the tally sheets and indicate upon the tally 

sheets the work of each board. The board completing the county shall 

certify the returns as required by law. 

History: En. Sec. 49, Ch. 368, L. 1969; Amendments 

amd. Sec. 1, Ch. 258, L. 1971. The J971 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 wliich 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. 

(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. HoAvever, 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. and substituted "may" for "must" after 

"The list of each party" in subsection (2). 
Amendments 

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. 

36 



JUDGES AND CLERKS OF ELECTION 23-3206 

(2) The commissioners shall fill vacancies wliich occur in the office 
of election judge or clerk. 

History: En. Sec. 51, Ch. 368, L. 1969; sjinio qu.ilificiitirms ns llionisolvos to net. 

amd. Sec. 3, Ch. 258, L. 1971. ns dorks of the electinn wiio scrvp ;it 

the ploasiiie of tlie ,iii(]j^os"; redcsignatod 

Amendments I'oimor sul).s('ctiona (2)" ami (3) as suh- 

The ]!)71 aiiiendincut deleted former suh- sections (1) and (2); inserted "and clerks" 

section (J) reading,', "The election judges in two places in subsection (]); and added 

may ai)})oint two (2) persons liaving the "or clerk" in subsection (2). 



23-3204. Registrar to notify judges and clerks of their appointment 
and of impending general elections — judges to post notices of election. 

(1) The registrar must notify the election judges and clerks in writing 
of their appointment. 

(2) Twenty (20) days or more before any general election, the registrar 
shall mail two (2) notices of the election to the election judges. The notices 
shall be in the form prescribed by the secretary of state. 

(3) Ten (10) days or more prior to the election, the election judges 
shall post one (1) notice at the place where the election will be held and 
the other in one (1) of the most public places in the precinct. 

History: En. Sec. 52, Ch. 368, L. 1969; Amendments 

amd. Sec. 4, Ch. 258, L. 1971. The 1971 amendment inserted "and 

clerks" in subsection (1). 



23-3206. Instruction of judges and clerks. (1) Before each election, 
all election judges and clerks wJio do not i)ossoss a certificate of instruc- 
tion shall be instructed by a person named by the eummissioners in the 
powers, duties, and liabilities of election judges. 

(2) The instructor shall call meetings as necessaiy. 

(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 

subsection (4). 
Amendments 

The 1971 amendment inserted "and 

37 



23-3302 ELECTIONS 

CHAPTER 33 

PRIMARY ELECTIONS AND NOMINATIONS BY CERTIFICATE 

Section 

23-3302. Primaries in cities over certain size — procedure. 

23-3318. Certificates of nomination by individuals or parties not appearing on prior 

ballot — requisites — applicability. 
23-3318.1. Determination of iiunilior of sigiiatuios n-cjiiired in ct'iisus divisions. 
23-3321. Declining nomination — vacancies before and after primary. 



23-3302. Primaries in cities over certain si^e — 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 
hold primary elections; 

(5) If no declarations are filed forty (40) days or more before the 
primary election, no primary election shall be held and the city clerk shall 
certify to the registrar thirty-five (35) days or more before the date of 
the primary election that no petitions have been filed; 

(6) The council shall; 

(a) establish city voting precincts and wards, 

(b) appoint city judges and clerks of elections and other officers 
necessary for the election. 

(e) 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 Ii)71 amendment made a minor 

change in punctuation. 



23-3318. Certificates of nomination by individuals or parties not ap- 
pearing on prior ballot — requisites — applicability. Except as provided 



38 



PRIMARY ELECTIONS AND NOMINATIONS 23-3318 

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 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 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 election. 

(5) The candidates for nomination shall file the certificates ninety 
(90) days prior to the date of the general election. Certificates of nomi- 
nation 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. The certificate must have the signatures of electors 
equal to five per cent (5%) or more of the legal votes cast for governor 
at the next preceding general election. He must also nominate the 
required number of electors allowable to Montana and certify the names 
to the secretary of state. 

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

History: En. Sec. 78, Ch. 368, L. 1969; the filing of certificates of nomination by 
amd. Sec. 1, Ch. 59, L. 1971. candidates for municipal offices. 

Amendments Effective Date 

The 1971 amendment added the second Section 2 of Ch. 59, Laws 1971 pro- 

sentence of paragraph (5), relating to vidcd the act should be in effect from 

and after its passage and approval. Ap- 
proved February 24, 197 L 



39 



23-3318.1 ELECTIONS 

23-3318.1. Determination of number of signatures required in census 

divisions. in tlic cjisc of cjiiHlidiitcs for tlic Moii1;iii;i House of lu'jjrc- 
sciitjil i\('s, tlic .Montjiiiii SciiJitc. iind tlic .M(tiit;iii;i ( 'oiistit lit ioiiiil ('oincn- 
tioii wlio iiiiiy !)(' r(M)uii'('(l to run in districts (•nd)i';icinj:' census enumeriitor 
divisions located in nioi'e Ili;m one county, tlie secretni'v of stjite sludl, for 
those counties sj)lit alonjr census eiuunerator divisions, detenuine lite 
iiuinber of si<rn;itures needed for nomiiuitin^'' jx'titions of independent c;indi- 
diites in sueli disti'icts. 'I'lie detenniuiition sluill be b.ised on the most reeent 
federal census population fiuures for the disti'ict. 

History: En. Sec. 1, Ch. 6, 2nd Ex. L. icimI "Tins jut is cfTccfivc on its ji.-issiijio 
1971. .■111(1 .•i])iii<i\;il .-iiiil sliiili icniaiii in effect 

until siicli tiiiic ;i.s the |ir()cc(liii cs in section 
Effective Date :2:i-:;;ilS, If. (". M. I!»t7, cm Ik- followed." 

[Section L' of Vh. C, I'lul Ivx. L:i\vs ]!>71 



23-3321. Declining nomination — vacancies before and after primary. 

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

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

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

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

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

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

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

History: En. Sec. 82, Ch. 368, L. 1969; 
amd. Sec. 5, Ch. 23J:, L. 1971. 

40 



CONDUCT OF ELECTIONS 23-3610 

Amendments sorted "or district" after "from each coun- 

The 1971 amendnient sulKstitnted "niiv *y" "^ subdivision (3) (a); inserted "of 
district however constituted" for "a, multi- ^^'P "^^""'^^y ^^ district" after "central coin- 
count v district" in subsection (3); in- mittees" m subdivision (3) (a); and in- 
serted "accompanied l)y the proper filing 
fee" in subdivision (3) (c). 



CHAPTER 35 

ELECTION SUPPLIES AND BALLOTS 

Section 

23-3509. Printing of candidate's name and party designation on ballot — no party 

designation for candidates for supreme and district court judgeships — • 

persons nominated by more than one party. 

23-3509. 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 M'as first 
filed. 

History: En. Sec. 92, Ch. 368, L. 1969; iKnne shall appear under tlie party with 
amd. Sec. 2, Ch. 254, L. 1971. whom his nominating deehiration was first 

filed" for "no party designation shall be 
Amendments ])laced o])posite his name" at the end of 

Tlie 1971 amendment substituted "his the second sentence of subsection (3). 



CHAPTER 36 

CONDUCT OF ELECTIONS— THE POLLS— VOTING AND BALLOTS 

Section 

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

23-3610. Marking precinct register book before elector votes — pro- 
cedure. (1) The election judges at every priiuaiy, general or special 
election shall, in the jireciuct register book, mark a cross (X) upon the 
line opposite to the name of the elector. 

41 



23-3706 ELECTIONS 

(2) Before an elector is permitted to vote, the election judges shall 
require the elector to sign his name on the place designated in tlie precinct 
register. 

(3) Tlie election judges shall require an elector not able to sign his 
n;nne to produce two (2) electors who sliall make aii affidavit before the 
election judges, or one (1) of them, in a form prescribed by the secretary 
of state. 

(4) Tlie affidavit shall be filed by the election judges, and returned to 
the registrar with the returns of the election. One (1) of the judges shall 
w]-ite the elector's name, note the fact of his inability to sign, and the 
names of the two (2) electors. 

(5) If the elector fails or refuses to sign his name, and if unable 
to write fails to procure two (2) electors who will take the oath required, 
he shall not be allowed to vote. 

(6) Immediately after the canvass of the returns, the election judges 
shall deliver to the registrar the official register, sealed, with the election 
returns and pollbook which have been used for the election. 

(7) Each precinct shall keep a list of persons voting, and the name of 
each person who votes shall be entered in it and numbered in the order 
voting. This list is known as the pollbook. 

History: En. Sec. 110, Ch. 368, L. 1969; Amendments 

amd. Sec. 3, Ch. 254, L. 1971. Tj^^ -^^^-^ amendment inserted "primary" 

in subsection (1). 



CHAPTER 37 

ABSENTEE VOTING AND EEGISTEATION 

Section 

23-3706. Mailing ballot to elector — affidavit — electors in the United States service. 

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

count. 
23-3718. "Elector in the United States service" defined. 
23-3720. Oath for elector in United States service. 
23-3721. Classilieation of federal post card application. 
23-3724. Eegistration of electors whose United States service or employment has 

terminated. 



23-3706. Mailing- ballot to elector — aflOidavit — 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 officer 
sending it, and upon the other side a printed affidavit in a form prescribed 
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 {V^) 
inch wide, extending from one side of the envelope to the other, with an 
intervening space of one-quarter (H) inch, with the words "Official Elec- 

42 



ABSENTEE VOTING AND REGISTRATION 23-3718 

tion Ballot Material — 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 printing on tlie 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 otlier appropriate protective insert. 
Voting instructions provided in subparagraph (5) of this section shall in- 
clude a procedure to be followed by absentee voters, such as notation 
of the facts on the back of the envelope duly signed by the voter and 
witnessing officer, in instances of adliesion 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; and sixth sentences to subsection (3); and 
amd. Sec. 1, Ch. 246, L. 1971. added the second sentence to subsection 



Amendments 

The 1971 amendment added the fifth 



(5). 



23-3709. Delivery of ballots to election judges — ballots to be rejected — 
ballots not to count. (1) If the absentee ballot is received prior to de- 
livery of the official ballots to the election judges, the registrar or clerk 
shall deliver the larger envelope to the judges at the same time the ballots 
are delivered. 

(2) If absentee ballots are received after the ballots are delivered to 
the election judges, but prior to the close of the polls, the registrar or 
clerk shall immediately deliver the larger envelopes to the judges. 

(3) If absentee ballots are received by the registrar or clerk for 
which application was not received prior to twelve (12) noon on the day 
preceding an election, or received after the close of the polls, the clerk 
shall endorse upon the voter's envelope the date and exact time of re- 
ceipt and the words "To be rejected." Absentee ballots so endorsed shall 
be delivered to the election judges of the precinct or retained by the 
registrar or clerk if the judges have adjourned and shall be rejected. 

(4) If an elector votes absentee ballot and dies between the time of 
balloting and election day, his ballot will not count. 

History: En. Sec. 127, Ch. 368, L. 1969; serted "or received after the close of the 

amd. Sec. 4, Ch. 254, L. 1971. polls" in the first sentence of subsection 

(3); inserted "or retained by the registrar 

Amendments or clerk 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- 

23-3718. "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 

43 



23-3720 ELECTIONS 

spouse and dependents ; 

(3) A member of a religions group or welfare agency assisting 
members of the armed forces of the United States who are ofificially 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; as subdivision (4) former subdivision (2) 
amd. Sec. 1, Ch. 249, L. 1971. reading "A civilian employee of the United 

States in all categories serving outside the 

Amendments territorial limits of the several states of 

Tlie ]971 amendment inserted subdivi- the United States or in the District of 

sion (2); and revised and redesignated roliimMi:! nnd his spouse and dependents 

uhcii losidiiij; or accompanying him." 

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. 

History: En. Sec. 138, Ch. 368, L. 1969; agency of the United States" in the middle 
amd. Sec. 1, Ch. 248, L. 1971. or .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 
i)er 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, tlic 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. 

44 



CONTESTS OF BOND ELECTIONS 23-4201 

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). 

23-3724. Reg-istration 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 votins:. 



'to- 



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 40 

CANVASS OF VOTES— RETURNS AND CERTIFICATES 

23-4016. State canvassers, composition and meeting of board. 

Cross-References 

Board transferred to office of secretary 
of state, sec. 82A-2102. 

CHAPTER 42 

CONTESTS OF BOND ELECTIONS 

Section 

23-4201. Grounds for challenge. 

23-4201. Grounds for challenge. (1) Any elector qualified to vote 
in a bond election of a county, city, or of any political subdivision of either 
may contest a bond election, for any of the following causes : 

(a) That the precinct board in conducting the election or in canvassing 

45 



23-4201 ELECTIONS 

the returns, made errors sufficient to change the result of the election; 

(b) That any official charged with a duty under this act, failed to per- 
form that duty ; 

(c) That in conducting the election, any official charged with a duty 
under this act, violated any of the provisions of this act relating to bond 
elections; 

(d) That electors qualified to vote in the election under the provi- 
sions of the constitutions of Montana and the United States were not given 
opportunity to vote in the election; 

(e) That electors not qualified to vote in the election under the 
provisions of the constitutions of Montana and the United States were 
permitted to vote in the election. 

(2) Within sixty (60) days after tlie election, the contestant shall file 
a verified petition with the clerk of the court in the judicial district 
where the election was held. 

History: En. Sec. 212, Ch. 368, L. 1969; (d) and (c) 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 jifter the election. 

The 1971 amendment added subdivisions 



46 



TITLE 43— LEGISLATURE AND ENACTMENT OF LAWS 



CHAPTER 1— SENATORIAL, REPRESENTATIVE AND 
CONGRESSIONAL DISTRICTS 

Section 

43-106.6. Number of senators — senatorial districts and apportionment. 

43-106.7. Number of representatives — representative districts and apportionment. 

43-106.8. Division of multi-member districts into single-member districts. 

43-106.9. Adjustment of senatorial terms. 

43-107. Congressional districts. 



43-106.1, 43-106.2. Repealed. 
Repeal 

Sections 43-106.1, 43-106.2 (Sees. 1, 2, 
Ch. 194, L. 1967), relating to legislative 



apportionment, were repealed by Sec. 6, 
Ch. 8, 2nd Ex. Laws 1971. 



43-106.3 to 43-106.5. Unconstitutional. 



Unconstitutional 

These sections (Sees. 1, 2, 4, Ch. 3, 1st 
Ex. L. 1971) were held unconstitutional 
by a three-judge federal court in a de- 



cision rendered on June 11, 1971, in 
Wold V. Anderson, 28 Montana St. Rep. 
585, — F. Supp. — . 



43-106.6. Number of senators — senatorial districts and apportionment. 
The senate of the legislative assembly shall consist of fifty (50) members. 
The senatorial districts and the number of senators elected from each dis- 
trict are as follows : 



Senatorial 
District Number 

1 



3 

4 



Number of 
Senators 

1 



2 
2 



District consists of 
County or Counties 

Big Horn, Powder River, Carter, less 
Ekalaka census enumerator division of 
Carter 

Custer and Ekalaka census enumera- 
tor division of Carter 
Richland, Dawson, Wibaux, Fallon 

Sheridan, Roosevelt, Daniels and Val- 
ley less the Fort Peck and Hinsdale 
census enumerator divisions of Valley 
Blaine, Phillips and the Fort Peck and 
Hinsdale census enumerator divisions 
of Valley 

Garfield, Rosebud, McCone, Prairie 
and Treasure 



47 



43-106.7 



LEGISLATURE 



Senatorial 
District Number 



X umber of 
Senators 

1 



8 



10 
11 
12 

13 
14 

15 
16 
17 
18 

19 



1 
3 
3 

6 
2 

2 
3 
1 
4 



20 








3 


21 








1 


22 








1 


23 








2 


History: En. 
197L 


Sec. 


1, 


Ch. 


8, 2nd Ex 


Title of Act 










An act to apportion 


the 


legislative 



District consists of 
County or Counties 

Stillwater, Carbon and south of the 
Yellowstone census enumerator divi- 
sion of Sweet Grass 

Yellowstone less the Bufifalo Creek 
census enumerator division, the Shep- 
herd enumerator division and the 
Huntley Project census enumerator 
division 

Meagher, Wheatland, Golden Valley, 
Musselshell and north of the Yellow- 
stone census enumerator division of 
Sweet Grass and Buffalo Creek census 
enumerator division and Huntley Proj- 
ect enumerator division of Yellowstone 
and Shepherd division of the census 
enumerator of Yellow^stone 
Fergus and Petroleum 
Gallatin and Park 

Broadwater, Jefiferson and Lewis and 
Clark 
Cascade 

Hill, Chouteau. Judith Basin and Lib- 
erty 

Glacier, Toole, Pondera, Teton 
Flathead 
Lake 

Missoula less Bonner-Clinton census 
enumerator division of Missoula 
Powell, Deer Lodge, Granite and Bon- 
ner-Clinton census enumerator divi- 
sion of Missoula 
Silver Bow 

Madison and Beaverhead 
Ravalli 
Mineral, Sanders and Lincoln 

sembly according to the 1970 federal 
census; and repealing sections 43-106.1 
and 43-106.2, R. C. M. 1947. 



43-106.7. Number of representatives — representative districts and ap- 
portionment. Representatives of the legislative assembly shall consist of 
one hundred (100) members. The representatives elected from each dis- 
trict are as follows : 



48 



DISTRICTS 43-106.7 

Representative Number of District consists of 

District Number Representatives County or Counties 

1 2 Big Horn, Powder River, Carter 

less Ekalaka census enumerator 
division of Carter 

2 2 Custer and Ekalaka census enu- 

merator division of Carter 

^ 4 Richland, Dawson, Wibaux, and 

Fallon 

4 4 Sheridan, Roosevelt, Daniels and 

Valley, less the Fort Peck and 
Hinsdale census enumerator divi- 
sions of Valley 

5 2 Blaine, Phillips and the Fort Peck 

and Hinsdale census enumerator 
divisions of Valley 

6 2 Garfield, Rosebud, McCone, 

Prairie and Treasure 

7 2 Stillwater, Carbon and south of 

the Yellowstone census enumera- 
tor division of Sweet Grass 

8 12 Yellowstone less the Buffalo 

Creek census enumerator division, 
the Shepherd enumerator division 
and the Huntley Project census 
enumerator division 

9 2 Meagher, Wheatland, Golden Val- 

ley, Musselshell and north of the 
Yellowstone census enumerator 
division of Sweet Grass and Buf- 
falo Creek census enumerator di- 
vision and Huntley Project enu- 
merator division and Shepherd 
division of the census enumerator 
of Yellowstone 

10 2 Fergus and Petroleum 

11 6 Gallatin and Park 

12 6 Broadwater, Jefferson and Lewis 

and Clark 

13 12 Cascade 

14 4 Hill, Chouteau, Judith Basin and 

Liberty 

15 4 Glacier, Toole, Pondera, Teton 

16 6 Flathead 

17 2 Lake 

49 



43-106.8 LEGISLATURE 

Representative Number of District consists of 

District Number Representatives County or Counties 

18 8 Missoula less Bonner-Clinton cen- 

sus enumerator division of Mis- 
soula 

19 4 Pow^ell, Deer Lodge, Granite and 

Bonner-Clinton census enumera- 
tor division of Missoula 

20 6 Silver Bow 

21 2 Madison and Beaverhead 

22 2 Ravalli 

23 4 Mineral, Sanders and Lincoln 

History: En. Sec. 2, Ch. 8, 2nd Ex. L. 
1971. 



43-106.8. Division of multi-member districts into single-member dis- 
tricts. A multi-member district may be di^'ided into single-member dis- 
tricts within a senatorial district in the following manner: 

(1) Eight per cent (8%) of the registered voters of the multi-member 
district as determined by the last registration lists applicable to the coun- 
ties in such multi-member districts must first petition and said petition 
shall substantially meet all of the requirements of a petition for initiative 
and referendum as provided in sections 37-101, 37-102 and 37-103. R. C. M. 
1947, for such division. If the multi-member district is located within a 
single county, the petition signed by the required number of voters shall 
be filed with the clerk and recorder of that county. If the multi-member 
district embraces areas in more than one (1) county, the required petition 
shall be filed in the office of the clerk and recorder of any county embraced 
in whole or in part in the district and certified copies of such petition shall 
be sent by that clerk and recorder to the clerks and recorders of all other 
counties embraced in whole or in part in such multi-member districts. 

(2) The clerks and recorders with whom such petitions, whether 
originals or certified copies, are filed shall as promptly as possible examine 
such petition as to the signatures thereon which are of residents of their 
respective counties and shall certify to the clerk and recorder of the county 
in which the original petition was filed as to the number of valid signa- 
tures on said petition as to the number of registered voters in their respec- 
tive counties and included within the multi-member district. The clerk 
and recorder with whom the original petition was filed shall also as 
promptly as possible examine the petition as to the signatures thereon 
which are of residents of his county and shall determine the number of 
valid signatures as to his county. Upon receipt of the certificates of the 
other clerks and recorders, the clerk and recorder with whom the original 
petition was filed shall total the number of valid signatures on said peti- 
tion and. if such petition contains valid signatures of at least eight per 
cent (89c) of the registered voters of the multi-member district, he shall 

50 



DISTRICTS 43-106.9 

so certify to the county commissioners of each county affected in whole 
or in part. 

(3) The county commissioners of each county affected in whole or 
in part, upon receipt of the certification by the clerk and recorder, shall 
meet together as promptly as possible and shall establish a time of elec- 
tion, at which shall be presented the question whether the district shall be 
divided into single-member districts. 

(4) If a majority of the voters voting at such election shall vote in 
favor of dividing the multi-member district, the county commissioners of 
the affected counties shall meet together as promptly as possible after 
the results of such election have been certified, and shall divide the multi- 
member district into single-member districts. Any such plan of division 
shall require the approval of the majority of the commissioners of each 
of the counties affected. 

(5) Single-member districts shall be as compact as possible, comprise 
contiguous territory and shall be as nearly equal as practicable in popula- 
tion. Boundaries of the single-member districts shall follow the census 
enumerator division lines. 

History: En. Sec. 3, Ch. 8, 2nd Ex. L. 
1971. 



43-106.9. Adjustment of senatorial terms. The senators shall be 
elected for the term of four (4) years and they shall be divided into two 
(2) classes with terms concluding in alternate bienniums. The terms of 
office of those senators in districts 8, 13, 16, 17, 18, 20, 21 and 22 will con- 
tinue as they presently exist, and they will run for re-election upon expi- 
ration of their present terms of office. The terms of office of all other 
senators will expire on the first Monday of January, 1973. 

The senators elected in districts 1, 2, 5 and 6 shall be elected for a 
term of four (4) years. The senators elected in districts 3, 4, 11, 12, 14, 
15, 19 and 23 shall, pursuant to the regulations to be promulgated by the 
secretary of state, draw lots for the purpose of determining which of said 
elected senators of said districts shall serve for four (4) years and which 
shall serve for two (2) years to the end that in each of the said districts, 
in so far as possible, one-half (j^) of the senators shall serve for four (4) 
years and one-half (^) for two (2) years; provided, however, that in dis- 
tricts 11 and 12 the senators there elected shall draw lots to determine 
which one of the three in each district shall be subject to the drawing 
hereinafter mentioned. 

The remaining senators from districts 11 and 12 shall themselves draw 
lots to determine which shall serve for four (4) years and which shall 
serve for two (2) years. The names of elected senators from districts 7, 
9 and 10 including the one (1) from each of districts 11 and 12, aforesaid, 
shall be placed in a receptacle from which the secretary of state shall draw 
three (3) names. The senators whose names are thus drawn shall serve 
for four (4) years and the remainder not drawn shall serve for two (2) 
years. 

51 



43-107 LEGISLATURE 

History: En. Sec. 4, Ch. 8, 2nd Ex. L. Repealing Clause 

1971. Section 6 of Ch. 8, 2nd Ex. Laws 

1971 read "Sections 43-106.1 and 43- 

SeparabiUty Clause 106.2, R. C. M. 1947, are repealed." 

Section 5 of Ch. 8, 2nd Ex. Laws 1971 . 

read "If any clause, sentence, paragraph. Effective Date 

section, or any part of this act shall be Section 7 of Ch. 8, 2nd Ex. Laws 1971 

declared and adjudged to be invalid and/ provided the act should be in effect from 

or unconstitutional, such invalidity or and after its passage and approval. Ap- 

unconstitutionality shall not affect, im- proved June 29, 1971. 
pair, invalidate or nullify the remainder 
of this act." 



43-107. (48) Congressional districts. The counties of Beaverhead. 
Broadwater, Deer Lodge, Flathead, Gallatin, Granite, Jeflferson, Lake, 
Lewis and Clark, Lincoln, Madison. ^Mineral, Missoula, Powell, Ravalli, 
Sanders, Silver Bow, Glacier, Toole. Liberty. Pondera. Meagher, and 
Park shall constitute the first congressional district of the state. The 
counties of Big Horn, Blaine, Carbon, Carter, Cascade, Chouteau. Custer, 
Daniels. Dawson, Fallon. Fergus, Garfield, Golden Valley, Mill, Judith 
Basin, McCone, Musselshell, Petroleum, Phillips, Powder River, Prairie. 
Richland, Rosebud, Roosevelt, Sheridan, Stillwater, Sweet Grass, Teton. 
Treasure, Valley, Wheatland, Wibaux and Yellowstone shall constitute 
the second congressional district of the state. 

Whenever any county is created, comprised partly of the territory of 
both such districts, said county shall belong to and become a part of the 
district to which major portion of the territory of said county belonged 
and was a part prior to the creation of such new county. 

History: Ap. p. Sec. 120, PoL C. 1895; 1921; amd. Sec. 1, Ch. 113, L. 1945; amd. 
re-en. Sec. 47, Rev. C. 1907; amd. Sec. 1, Sec. 1, Ch. 124, L. 1967; amd. Sec. 1, Ch. 
Ch. 44, L. 1917; re-en. Sec. 48, R. C. M. 187, L. 1971. 



52 



TITLE 75 

SCHOOLS 

CHAPTER 57 

SUPEEINTENDENT OF PUBLIC INSTEUCTION 



Section 75-5702. Election and qualification. 
75-5703. Term, oath and vacancy. 
75-5707. Powers and duties. 



75-5702. Election and qualification. A superintendent of public instruc- 
tion 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) has attained the thirtieth anniversary of his birth date at the time 
of his election ; 

(2) has resided within the state for the two (2) years next preceding 
his election ; 

(3) holds at least a bachelor's degree from any unit of the Montana 
university system or from an institution recognized as equivalent by the 
board of education for teacher certification purposes ; and 

(4) otherwise possesses the qualifications for such office which are re- 
quired by the constitution of the state of Montana. 

History: En. 75-5702 by Sec. 11, Ch. 5, 
L. 1971. 



75-5703. Term, oath and vacancy. The superintendent of public in- 
struction sliall hold office at the seat of government for the term of four 
(4) years. He shall assume office on the first Monday of Januar}^ follow- 
ing his election and shall hold the office until his successor has been elected 
and qualified. Any person elected as the superintendent of public instruction 
shall take the oath of a civil officer. 

If the office of superintendent of public instruction becomes vacant, it 
shall be filled in the manner prescribed by the constitution of the state of 
Montana. 

History: En. 75-5703 by Sec. 12, Ch. 6, 
L. 1971. 

75-5707. Powers and duties. The superintendent of public instruction 
shall have the general supervision of the public schools and districts of the 
state, and he shall have the power and shall perform the following duties 
or acts in implementing and enforcing the provisions of this Title: 

53 



75-5802 SCHOOLS 

(6) prescribe absentee voting forms and rules in accordance with the 
provisions of section 75-6416 ; 

(24) prescribe the form and contents of and approve or disapprove 
interstate contracts in accordance with the provisions of section 75-7308 ; 

(37) determine the result of an organization election for a comnmnity 
college district and the related election of trustees in accordance witli the 
provisions of section 75-8112; 

History: En. 75-5707 by Sec. 16, Ch. 5, 
L. 1971. 



CHAPTER 58 

COUNTY SUPERINTENDP]NT 



Section 75-5802, Election and qualification. 
75-5803. Term, oath and vacancy. 



75-5802. Election and qualification. A county superintendent shall be 
elected in each county of the state unless a county manager form of govern- 
ment has been organized in the county. The county superintendent shall 
be elected at the general election preceding the expiration of the term of 
office of the incumbent. 

Any person shall be qualified to assume the office of the county superin- 
tendent who : 

(1) possesses the qualifications required by the constitution of the 
state of Montana ; 

(2) holds a valid teacher certificate issued by the superintendent of 
l)ublic instruction ; and 

(3) has not less than three (3) years of successful teacliing experi- 
ence. 

History: En. 75-5802 by Sec. 20, Ch. 5, 
L. 1971. 

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. 

54 



SCHOOL DISTRICT TRUSTEES AND OFFICERS 



75-5902 



CHAPTER 59 

SCHOOL DISTRICT TRUSTEES AND OFFICERS 

Section 75-5902. Number of trustee positions. 

75-5903. Request and determiuation of number of high school district addi- 
tional trustee positions. 
75-5904. Establishment and purpose of trustee nominating districts. 
75-5905. Redetermine additional trustee positions and subsequent adjustments. 
75-5906. Election and term of office. 

75-5907. Legislative intent to elect less than majority of trustees. 
75-5908. Determination of terms after creation or consolidation of elementary 

districts. 
75-5909. Determination of terms after establishment or re-establishment of 

additional trustee positions. 
75-5910. Determination of terms after change of district classification, 
75-5911. Term of vacated trustee position after election. 
75-5912. Annual election. 

75-5913. Candidate qualification and nomination. 
75-5914. Nomination caucus in first class elementary district and election 

waiver. 
75-5915. Conduct of election and ballot. 
75-5916. Qualification and oath. 
75-5917. Vacancy of trustee position. 
75-5918. Filling vacated trustee position, appointee qualification and term of 

office. 
75-5919. Trustee removal. 
75-5920. Trustees membership of high school district operating county high 

school. 
75-5921. Appointment of trustees for high school district operating county 

high school. 
75-5922. Vacancy and filling of appointed trustee position. 
75-5923. Election to approve the election of the trustees of high school 

district operating county high school. 
75-5924. Membership of elected trustees of high school district operating 

county high school and nomination of candidates. 
75-5925. Determination of terms of office and filling vacancy of trustee 

position. 
75-5933. Powers and duties. 

75-5902. Number of trustee positions. The number of trustee posi- 
tions 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) there shall be seven (7) trustee positions in a first class elemen- 
tary district ; 

(b) there shall be five (5) trustee positions in a second class elemen- 
tary district ; or 

(c) there shall be three (3) trustee positions in a third class elemen- 
tary district. 

(2) The trustees of a high school district, except a high school dis- 
trict operating a county high school, shall be composed of : 

(a) the trustees of the elementary district where the high school 
building is located, or, if there is more than one (1) elementary district 
where high school buildings are located, tlie trustees of tlie elementary 
district designated by the high school boundary commission ; and 

(b) the additional trustee positions determined in accordance witli 
section 75-5903. 



55 



75-5903 SCHOOLS 

(3) The trustees of a high school district operating a county high 
school shall be composed of seven (7) trustee positions. 

History: En. 75-5902 by Sec. 31, Ch. 5, 
L. 1971. 

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 trus- 
tees of a majority of the elementary districts with territory located in 
the high school district, but without representation on the high school 
district trustees 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 the trustees of such elementary district to determine the 
taxable valuation per trustee position. 

(2) The taxable valuation used for the calculation in subsection (1) 
above shall be subtracted from the taxable valuation of the high school 
district to determine the taxable valuation of the territory of the high 
school district without representation on the liigh school district trustees. 

(8) Tlic taxable valuation determined in subsection (2) above shall be 
divided by the taxable valuation ])er trustee position calculated in subsec- 
tion (1) above. The resulting quotient shall be rounded ott' 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 that is not eligible 
for an additional trustee position at large. 

The county superintendent shall designate a third additional trustee 
position in a third class high school district when two-thirds (2/3) or 
more of the high school enrollment of the high school district and two- 
thirds (2/3) or more of the taxable valuation of the high school district 
is located outside of the elementary district which has its trustees placed 
on the high school district trustees. The person who fills such additional 
trustee position shall be elected at large from the entire high school district. 

History: En. 75-5903 by Sec. 32, Ch. 5, 
L. 1971. 

75-5904. Establishment and purpose of trustee nominating districts. 
After the county superintendent has determined the number of additional 

56 



SCHOOL DISTRICT TRUSTEES AND OFFICERS 75-5906 

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 bo 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 hio'h school 
district. The electors qualitied 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- 
tee position at large, if there is one, but for no other high school trustee 
position. 

Any additional trustee position established under the provisions of this 
section shall be filled in a manner prescribed under the provisions of 
section 75-5918. Each additional trustee position filled by appointment 
under this section shall be subject to election at the next regular school 
election. 

History: En. 75-5904 by Sec. 33, Ch. 5, 
L. 1971. 



75-5905. Redetermine additional trustee positions and subsequent ad- 
justments. At any time there is a revision of tlic taxable valuation of the 
high school district or the elementary districts within it, or there is a re- 
classification of the elementary district Avhich has its trustees placed on the 
high school district trustees, the county superintendent shall redetermine 
the number of additional trustee positions for the high school district in 
accordance witli section 75-6400. If there is a change in the allowable num- 
ber of additional trustee positions, the county supc^rintendent shall re- 
establish the trustee nominating districts in accordance with section 75-5'J04. 
If the number of additional trustee positions is less than the previous num- 
ber of positions, the county superintendent shall designate which present 
additional positions shall terminate upon his order re-establishing the 
trustee nominating districts. If the number of additional trustee positions 
is more than the previous number of positions, such additional trustee 
positions shall be filled in the manner prescribed under the provisions of 
section 75-5918. Each additional trustee position filled by appointment 
under this section shall be subject to election at the next regular school 
election. 

History: En. 75-5905 by Sec. 34, Ch. 5, 
L. 1971. 



75-5906. Election and term oi oflBce. Every trustee position prescribed 
by this Title, except the trustee positions of a liigh school district operat- 
ing a county high school, shall be subject to election and tlie term of ofitice 

57 



75-5907 SCHOOLS 

for each position shall be three (3) years unless it is otherwise specifi- 
cally prescribed by this Title. 

History: En. 75-5906 by Sec. 35, Ch. 5, 
L. 1971. 

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 trus- 
tee positions of any district with elected trustees sliall not regularly expire 
and be subject to election on the same regular school election day. There- 
fore, in elementary districts, there shall not be more than three (3) trustee 
positions in first class districts, two (2) trustee positions in second class 
districts, or one (1) trustee position in third class districts regularly sub- 
ject 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 districts regularly 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 elec- 
tion at the same time, it is recognized that the following circumstances, re- 
lating 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 sub- 
ject 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) of 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 
scM-tioii 75-6503; 

(5) the filling of a trustee position whicli lias bocomo vueaiit undei- the 
provisions of section 75-5917 or any other provision of law ; or 

(6) any other circumstance arising under the law Avlieroin 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. 

75-5908. Determination of terms after creation or consolidation of 

elementary districts. Whenever the trustees are elected at one (1) regular 
school election under the circumstances described in subsections (1) and 
(2j 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 
sliall 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) j-ears, and one 
{^ ) f(jr one (1) year in a second class elementary district; or 

58 



SCHOOL DISTRICT TRUSTEES AND OFFICERS 75-5912 

(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. 

History: En. 75-5908 by Sec. 37, Ch. 5, 
L. 1971. 

75-5909. Determination of terms after establishment or re-establish- 
ment of additional trustee positions. Whenever all of the additional trus- 
tee positions are subject to election at one (1) regular school election under 
the circumstance described in subsection (3) of section 75-5907, the mem- 
bers who are elected shall draw by lot to determine their terms of office. 
Such terms of office by number of members elected shall be : 

(1) two (2) for three (3) years, if four (4) are elected; 

(2) one (1) for three (3) years, if one (1), two (2) or three (3) are 
elected; 

(3) one (1) for two (2) years, if two (2), three (3) or four (4) are 
elected ; and 

(4) one (1) for one (1) year, if three (3) or four (4) are elected. 
Whenever the re-establishment of the additional trustee positions for 

a high school district under the provisions of section 75-5905 results in an 
increased number of additional trustee positions, the members who are 
elected at the next regular school election shall draw by lot to determine 
their terms of office and such terms shall be determined in accordance 
with the additional trustee terms prescribed in this section. 

History: En. 75-5909 by Sec. 38, Ch. 5, 
L. 1971. 

75-5910. Determination of terms after change of district classification. 
Whenever the change of an elementary district classification requires 
the addition of trustee positions to the trustees of such, district under the 
circumstance described in subsection (4) of section 75-5907, the members 
who are elected shall draw by lot to determine their terms of office which 
shall be one (1) for three (3) years and one (1) for two (2) years. 

History: En. 75-5910 by Sec. 39, Ch. 5, 
L. 1971. 

75-5911. Term of vacated trustee position after election. Whenever a 
trustee position is subject to election because a vacancy of such position 
has occurred since the last regular school election day, the term of the 
trustee position shall not change and the member elected to fill such posi- 
tion shall serve the remainder of the unexpired term. 

History: En. 75-5911 by Sec. 40, Ch. 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 
Saturday of April, unless an election of trustees is excused under the pro- 
visions of section 75-5914. Election of trustees shall comply with the elec- 
tion provisions of this Title. 

History: En. 75-5912 by Sec. 41, Ch. 5, 
L. 1971. 

- 59 



75-5913 SCHOOLS 

75-5913. Candidate qualification and nomination. Any person who is 
qualified to vote in a district under tlie 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 
ensuing election. The name of each person nominated for candidacy shall 
be submitted to the clerk of the district not less than twenty (20) days 
before tlie 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. 

History: En. 75-5913 by Sec. 42, Ch. 5, 
L. 1971. 



75-5914. Nomination caucus in first class elementary district and elec- 
tion waiver. In first class elementary districts, trustee candidates shall 
be nominated at a caucus attended by not less than twenty (20) electors 
of the district who are qualified under the provisions of section 75-6410. 
The caucus shall be conducted not less than forty (40) days nor more 
than sixty (60) days before the regular school election day. 

When a candidate nominating caucus is conducted, it sliall be a public 
meeting and a caucus chairman and secretary sliall be elected by the 
caucus participants. The caucus may nominate any number of candidates. 

"Within ten (10) days after the date of the caucus meeting, the chair- 
man and secretary of the caucus shall certify and file the nominations of 
the candidates with the clerk of the district by stating the date and place 
of the caucus, and the name of each candidate nominated. If there are dif- 
ferent terms to be filled, the term for which each candidate is nominated 
also shall be stated. 

Any votes for a person who has not been nominated in the manner 
provided by this section shall not be considered by the trustees of a 
first class elementary district when canvassing and certifying the election 
results. Whenever not more than one candidate per trustee position sub- 
ject to election has been nominated, the clerk of the district shall report 
such fact to the trustees. The trustees shall certif}^ the election of the 
nominated candidates and no trustee election shall be conducted on the 
regular school election day. 

History: En. 75-5914 by Sec. 43, Ch. 5, 
L. 1971. 



75-5915. Conduct of election and ballot. Tlie 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. The trustees shall call and conduct the trustee 
election in the manner prescribed in this Title for school elections. Any 
elector 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: 

60 



SCHOOL DISTRICT TRUSTEES AND OFFICERS 75-5917 

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) j^ear term : 

□ (List the names of the candidates for a two (2) year term with a 
vacant square in front of each name.) 

Vote for (indicate number to be elected) for a one (1) year term : 

□ (List the names of the candidates for a one (1) year term with a 
vacant square in front of each name.) 

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, except that write-in voting shall not 
be available in a first class elementary district. 

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. 

75-5916. Qualification and oath. Any person who receives a certifi- 
cate 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 superin- 
tendent not less than fifteen (15) days after the receipt of the certificate 
of election. After a person has qualified for a trustee position, he shall 
hold such position for the term of the position and until liis successor 
has been elected or appointed and has been qualified. 

If the elected person does not qualify in accordance with tliis rcujuire- 
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. 

75-5917. Vacancy of trustee position. Any eln-tod trustee position 
shall be vacant Mlienever the incumbent : 

(1) dies; 

(2) resigns; 

(3) moves his residence from tlie ai>plicable district, or from the nomi- 
nating district in the case of an additional trustee in a high scliool district; 

61 



75-5918 SCHOOLS 

(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 the 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. Whenever a trustee position becomes vacant in a first or 
second class district, the remaining members of the trustees shall declare 
such position vacant and they shall appoint, in writing, a competent person 
as a successor. The trustees shall notify tlie appointee and the county su- 
perintendent of such appointment. 

Whenever a trustee position becomes vacant in a third class district, 
the remaining members of the trustees shall declare such position vacant 
and notify the county superintendent of the vacancy. The county superin- 
tendent shall appoint, in writing, a competent person as a successor and 
notify such person of his appointment. 

Any person who has been appointed to a trustee position shall qualify 

by completing and filing an oath of office with the county superintendent 

in not less than fifteen (15) days after receiving notice of his appointment. 

Failure to file the oath of office shall constitute a continuation of the trustee 

position vacancy which shall be filled under the provisions of this section. 

Any person assuming a trustee position under the provisions of this 

section shall serve until the next regular school election and his successor 

has qualified. 

History: En. 75-5918 by Sec. 47, Ch. 5, 
L. 1971. 

75-5919. Trustee removal. Any trustee may be removed from his 
trustee position by a court of competent jurisdiction under the law provid- 
ing for the removal of elected civil officials. When charges are preferred 
against a trustee and good cause is shown, the board of county commis- 
sioners may suspend such trustee from his trustee position until the charges 
can be heard in the court of competent jurisdiction. 

History: En. 75-5919 by Sec. 48, Ch. 5, 
L. 1971, 

75-5920. Trustees membership of high school district operating county- 
high school. There shall be seven (7) trustee positions for the trustees of 
a high school district operating a county high school. IMess it has been 

62 



SCHOOL DISTRICT TRUSTEES AND OFFICERS 75-5922 

otherwise established under law, the trustees of such a high school district 
shall be composed of the following : 

(1) the county superintendent ; and 

(2) six (6) members appointed by the board of county commission- 
ers, no more than three (3) of whom shall reside outside of the elementary 
district where the county high school building is located. 

History: En. 75-5920 Tjy Sec, 49, Ch. 5, 
L. 1971. 

75-5921. Appointment of trustees for high school district operating 
county high school. When trustees of a high scliool district operating a 
county high school are appointed by the board of county commissioners, 
the commissioners, at their December meeting, shall appoint members of the 
trustees for those terms which are expiring. Each member shall be ap- 
pointed for a term of two (2) years beginning on the first Monday of 
January except that a one (1) year appointment shall be made Avhenever it 
is required to maintain tlie following balance of membership: 

(1) The terms of not more than three (3) appointed members shall 
expire at the same time ; and 

(2) The terms of not more than two (2) appointed members who 
reside outside of the elementary district where the county high school 
building is located shall expire at the same time. 

Any member appointed under this section shall serve until his succes- 
sor has been appointed and qualifies by filing an oath of office with the 
county superintendent. 

History: En. 75-5921 by Sec. 50, Ch. 5, 
L. 1971. 



75-5922. Vacancy and filling of appointed trustee position. In those 
instances where the board of county commissioners appoint tlie trustees of 
a high school district operating a county high school, a trustee position 
shall become vacant whenever the incumbent: 

(1) fails to be qualified or have the capacity to hold the trustee posi- 
tion under any of the applicable conditions prescribed under section 75- 
5917; 

(2) moves his residence from the elementary district where the county 
high school building is located but within the high scliool district, and 
such change of residence will cause a majority of the appointed members 
to reside outside of such elementary district. 

Whenever a trustee position is vacated, the remaining members of 
the trustees shall declare such position vacant and notify the board of 
county commissioners. The board of county commissioners shall immedi- 
ately appoint a person to serve the remainder of the term for such vacated 
trustee position. Their appointment shall comply with the requirements of 
section 75-5921. 

History: En. 75-5922 by Sec. 51, Ch. 5, 
L. 1971. 

63 



75-5923 SCHOOLS 

75-5923. Election to approve the election of the trustees of high school 
district operating- county high school. Tlie trustees of a lii^'h school dis- 
trict oporatiiiir ;i county liif^h school may be elected when the conditions of 
tiiis section arc satisfied. 

Twenty ])cr cent (209^) or more of tlie electors wiio arc qualified to vote 
in the high scliool district under tlie provisions of section 75-6410 may pe- 
tition tlie board of county commissioners to call an election to consider 
the proposition of electing the trustees of the high school district. When- 
ever the board of county commissioners receives a valid petition ro(]uesting 
such an election, they shall, within ten (10) days after the receipt of the 
petition and as provided by section 75-6406, order the trustees of the high 
school district to call an election on the proposition to elect the trustees. 

The high school district trustees shall call and conduct an election in 
the manner prescribed in this Title for school elections. Any elector quali- 
fied to vote under the provisions of section 75-6410 may vote on the proposi- 
tion. The ballot for the election shall utilize the following proposition : 

Shall the trustees of the high school district for the county high school 

be elected? 

n FOR the election of trustees. 

n AGAINST the election of trustees. 

If a majority of the electors voting at the election approve the proposition, 

the trustees shall thereafter be elected beginning on the first regular school 

election day after such approval. If a majority of the electors disapprove, 

the trustees shall continue to be appointed under the provisions of section 

75-5921. 

History: En. 75-5923 by Sec. 52, Ch. 5, 
L. 1971. 

75-5924. Membership of elected trustees of high school district operat- 
ing county high school and nomination of candidates. Whenever the elec- 
tion of the trustees of a high school district operating a county high school 
has been approved by the electorate, the trustees 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 resides 
in each of the three (3) trustee nominating districts in the territory of the 
high school district outside of the elementary district where the county high 
school building is located. The county superintendent and board of county 
commissioners shall establish the nominating districts and, unless it is im- 
possible, such districts shall have coterminous boundaries with elementary 
district boundaries. 

The provisions of section 75-5913 shall govern the nomination of candi- 
dates for the trustee election prescribed in this section. 

History: En. 75-5924 by Sec. 53, Ch. 5, 
L. 1971. 

75-5925. Determination of terms of office and filling vacancy of trustee 
position. The members of the trustees of a high school district operating 

64 



SCHOOL DISTRICT TRUSTEES AND OFFICERS 75-5933 

a county high school who are elected at tlie first election nfter tlie voters 
approve the election of trustees, sltall draw by lot lo determine their terms. 
Such terms of office shall be : 

(1) two (2) for three (3) yeai'S, one (1) for two (2) years and one (1) 
for one (1) year for the trustee positions filled ])y members of the trustees 
from the elementary district where tli(> coiinly hiprli school building is lo- 
cated ; and 

(2) one (1) for three (3) .yeai-s, oiu; (1) foi- iwo (2) years and one 
(1) for one (1) year for the trustee i)ositions filled by members of the 
trustees from the trustee nominating districts. 

Thereafter, all terms of office shall be for three (3) years and until the 
successor has qualified, except in the ease of electing a member to serve 
the remainder of an unexpired term for a vacated elected trustee position. 
Whenever an elected trustee position vacancy occurs under any of the 
circumstances prescribed by section 75-5917, the remaining members of 
the trustees shall declare sneh position vacant and they shall appoint, in 
writing, a competent person as a successor. The trustees shall notify the 
appointee and the county superintendent of the appointment. The appointee 
shall qualify by completing and filing an oath of ofBce with the county su- 
perintendent, and shall serve until the next regular school election and his 
successor has qualified for the remainder of the unexpired term of the 
trustee position. 

History: En. 75-5925 by Sec. 54, Ch. 5, 
L. 1971. 



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 : 

(3) call, conduct and certify the elections of the district in accord- 
ance with the provisions of the school election chapter of this Title ; 

History: En. 75-5933 by Sec. 62, Ch. 5, 
L. 1971. 



CHAPTKIKII 

SCHOOL ELECTIONS 

Section 75-640L Definition. 

75-6402. Precedence of school election provisions. 

75-6403. Election by ballot,. 

75-6404. Rcgnlnr school election (l;iv :iii(l ^iK'ci.il .sciiool clccl ions. 

75-640.1. Poll hours. 

75-6406. Conditions under which school clcdinn (•.■illcd. 

75-6407. Time limitation for conduct of election. 

75-6408. Resolution for poll hours, jiollinp: places, judges, niid liallot format. 

75-6409. Election notice. 

75-6410. Qualifications of elector. 

75-6410.1. Legislative policy and purpose. 

75-6411. Repealed. 

75-6412. Elector challenges. 

75-6413. Closure of registration. 

75-6414. Listing of registered electors. 

75-6415. Delivery of and charge for lists of registered electors. 

65 



75-6401 SCHOOLS 

Section 75-6416. Absentee voting, 

75-6417. Voting machines and electronic voting systems. 

75-6418. General supervision and supplies. 

75-6419. Clerk of election judges and appointment for absent judge. 

75-6420. Election expenses. 

75-6421. Conduct of election. 

75-6422. Delivery of ballot, pollbook, tally sheet, and certifying election 

result. 

75-6423. Trustees canvass of votes and issuance of election certificate. 

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 Avith the provisions of this Title. 

History: En. 75-6401 by Sec. 137, Ch. 
5, L. 1971. 

75-6402. Precedence of school election provisions. Unless specifically 
identified in any section of the election laws prescribed in Title 23, R. C. M., 
1947, school elections shall be governed by the provisions of this Title. 
Should there be a conflict between the requirements of Title 23 and the 
provisions of this Title regulating school elections, the provisions of this 
Title shall govern. 

History: En. 75-6402 by Sec. 138, Ch. 5, 
L. 1971. 

75-6403. Election by ballot. All school elections shall be by ballot. 

History: En. 75-6403 by Sec. 139, Ch. 5, 
L. 1971. 

75-6404. Regular school election day and special school elections. The 

first Saturday of April of each year shall be the regular school election 
(Iny. T'nless otlierwise provided by law, special school elections may be 
conducted at such times as determined by the trustees. 

History: En. 75-6404 by Sec. 140, Ch. 5, 
li. 1971. 

75-6405. Poll hours. The polk for any school election in any district 
shall open not later than 12 noon. The trustees may order the polls to open 
earlier, but no earlier than 8 a.m. However, the polls shall open at 8 a.m. 
if the school election is held on the same day, at the same polling places 
and with the same judges and clerks as a general, 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. 

66 



SCHOOL ELECTIONS 75-6408 

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 

(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. 

67 



75-6409 SCHOOLS 

(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 : 

(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-Eeferences 

L. 1971. Notice of srliool bond election, sec. 75- 

7116. 



75-6410. Qualifications of elector. Except as provided in section 
75-6411, every person is entitled to vote at school elections if he has the 
following qualifications : 

(1) He has registered to vote with the county registrar in the man- 
ner provided by the general state election laws except in regard to the 
closure of elector registration as provided in section 75-6413 ; 

(2) He sliall be of a minimum age for voting provided by the con- 
sLilution of the state of Montana; 

(3) lie has met the residency requirement for voting as provided by 
the constitution of the state of Montana; and 

(4) He is a citizen of the United States. 

No person convicted of a felony has the right to vote unless he has 
been pardoned. 

No person adjudicated insane has the right to vote unless he has been 
restored to capacity as provided by law. 

68 



SCHOOL ELECTIONS 



75-6412 



History: En. 75-6410 by Sec. 146, Ch. 
5, L. 1971; amd. Sec. 2, Ch. 83, L. 1971; 
amd. Sec. 1, Ch. 118, L. 1971. 

Compiler's Notes 

Section 75-6410 was amended twice in 
1971, once by Ch. 83, § 2 and once by Ch. 
118, § 1. Both amendatory acts made sim- 
ilar changes in the language of subds. (2) 
and (3). In the original enactment by Ch. 
5, § 146, these provisions read: 

"(2) He is twenty-one (21) years 
of age or older; 

"(3) He has resided in the state one 
(1) year and in the district thirty (30) 



days immediately preceding the election at 
which he offers to vote; and." The effec- 
tive dates of the amendatory acts, Ch. 
83 and Ch. 118, are February 27 and 
March 1, respectively. The language set 
forth above is that of Ch. 118, § 1. 

Section 75-6411, cited in the first sen- 
tence of this section, was repealed by 
Sec. 14, Ch. 83, Laws 1971. The section 
provided additional qualifications for vot- 
ers in elections to authorize property taxa- 
tion or issuance of bonds. 

Cross-Reference 

Qualifications of electors, Const., Art. 
IX, § 2. 



75-6410.1. Legislative policy and purpose. Section 2 of article IX of 
the Montana constitution provides that in order to entitle a person to 
vote upon a question which may be submitted to a vote of the people or 
electors, if tlie question concerns the creation of any levy, debt or liability, 
he must, in addition to possessing other qualifications, be a taxpayer vv^hose 
name appears on the last preceding completed assessment roll. Recent 
decisions of the supreme court of the United States hold that similar provi- 
sions in the constitutions and statutes of other states are in confict with 
the equal protection clause of the fourteenth amendment to the Constitu- 
tion of the United States. The ability of the school districts to provide 
funds needed for essential governmental purposes depends in substantial 
part upon their ability to create valid levies, debts and liabilities and, 
when the same are required by law or the constitution to be submitted 
to a vote of the people or electors, to record and canvass such vote in 
such manner as to determine finally and conclusively whether or not the 
levy, debt or liability has been approved by the required majority vote 
of the electors qualified and offering to vote thereon. It is therefore the 
policy and purpose of this law to eliminate all statutory electors' quali- 
fications for voting on the creation of any school district levy, debt or 
liability except such qualifications as are validly required by or pursuant 
to tlie Montana constitution. 



History: En. Sec. 1, Ch. 83, L. 1971. 

Title of Act 

An act to repeal tlie taxpayer qualifica- 
lion of electors voting at school elections 
for issuing school district bonds, addi- 
tional levy for general fund, consolida- 
tion or annexation with assumption of 
bonded indebtedness, and building reserve 



fund authorization; to repeal the taxpayer 
qualification of petitioners for elementary 
district territory transfer; amending sec- 
tions 75-6410, 75-6412, 75-6414, 75-6509, 
75-6516, 75-6923, 75-7112, 75-7113, 75-7114, 
75-7117, 75-7134, and 75-7205, K. C. M. 
1947; repealing section 75-6411, R. C. M. 
1947; and providing an effective date. 



75-6411. Repealed— Chapter 83, Laws of 1971. 



Repeal 

Section 75-6411 (Sec. 147, Ch. 5, L. 
]971), providing additional qualifications 



for voters in elections to authorize prop- 
erty taxation or issuance of bonds, was 
repealed by Sec. 14, Ch. 83, Laws 1971. 



75-6412. Elector challenges. Any person offering to vote in a school 
election may be challenged by any elector of the district on any of the 



69 



75-6413 SCHOOLS 

grounds for challenge established in section 23-3611, R. C. M., 1947. Such 
challenge shall be determined in the same manner, using the same oath 
as provided in chapter 36 of Title 23, R. C. M., 1947. 

Anj' person who sliall liave been elialleiiged under any of the proid- 
sions of tliis section and wlio sluil! swear or affirm falsely before any 
school electio)! judge sliall be guilty of })erjui-y and slmll be punished 
accordingly. 

History: En. 75-6412 by Sec. 148, Ch. 5, 
L. 1971; amd. Sec. 3, Ch. 83, L. 1971. 

75-6413. Closure of registration. Registration for school elections 
shall close for thii-ty (30) days before any scliool election, but it shall not 
be necessary to publish any notice of such closing of registration. 

History: En. 75-6413 by Sec. 149, Ch. 5, 
L. 1971. 

75-6414. Listing of registered electors. After closing registration the 
county registrar shall prepare a list of registered electors for each poll- 
ing place established by the trustees. The list for each polling place shall 
be prepared in the format of a precinct register book. 

History: En. 75-6414 by Sec. 150, Ch. 5, 
L. 1971; amd. Sec. 4, Ch. 83, L. 1971. 

75-6415. Delivery of and charge for lists of registered electors. Be- 
fore the day of the election, the registrar shall deliver a certified copy of 
the lists of registered electors for each polling place to the district which 
shall deliver them to the election judges prior to the opening of the polls. 
A charge of three cents ($.03) per name shall be paid by the district to the 
county for preparing the lists of registered electors. 

History: En. 75-6415 by Sec. 151, Ch. 5, 
L. 1971. 

75-6416. Absentee voting. A qualified registered elector who will be 
absent from the district or physically incapacitated and unable to go to 
the polls on the day of a school election may vote by casting an absentee 
ballot. The superintendent of public instruction shall prepare 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 bj^ the provisions of the general 
state election laws of Montana. 

History: En. 75-6416 by Sec. 152, Ch. 5, Crcss-Reference 



L. 1971. 



State superintendent of public instruc- 
tion to prepare forms and rules, sec. 75- 
5707. 



75-6417. Voting machines and electronic voting systems. Whenever 
voting machines or electronic voting systems are available to a district, 
such voting devices may be used for a school election. Any district that 
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, 

70 



SCHOOL ELECTIONS 75-6421 

the "county commissioners" and the "registrar" shall, for the purposes of 
this section, be considered to refer to trustees and "county" shall be con- 
sidered to refer to district. 

History: En. 75-6417 by Sec. 153, Ch. 5, 
L. 1971. 

75-6418. General supervision and supplies. The trustees are the gen- 
eral supervisors of school elections. They are authorized to and shall ad- 
minister oaths to election judges. Before the opening of the polls, the 
trustees shall cause the judges and each polling place to be supplied with : 

(1) a sufficient number of ballots for each proposition election or 
trustee election to be conducted; 

(2) at least six (6) cards instructing electors in the process of how 
to vote ; 

(3) a list of electors prepared in the format of a precinct register 
book; 

(4) a pollbook for the poll list ; 

(5) tally sheets; 

(6) a sufficient number of booths, each provided with a door or a cur- 
tain to screen the voter from view and furnished adequately to enable the 
voter to prepare his ballot; 

(7) ballot boxes or canvas pouches with a lock and key ; and 

(8) any other supplies necessary for the proper conduct of the elec- 
tion. 

History: En. 75-6418 by Sec. 154, Ch. 5, 
L. 1971. 

75-6419. Clerk of election judges and appointment for absent judge. 

Before conducting the school election and on the day of the election, the 
judges shall designate one of their number to act as clerk of such election. 
If any of the judges appointed by the trustees are not present at the time 
for the opening of the poll, the electors present at that time may appoint 
a qualified elector for such election to act in the place of the absent judge. 

History: En. 75-6419 by Sec. 155, Ch. 5, 
L. 1971. 

75-6420. Election expenses. All expenses necessarily incurred in the 
matter of holding school elections shall be paid out of the school funds of 
the district, except when such expenses are by law to be shared by a com- 
munity college district for which the district is conducting an election. 
The trustees may pay the election judges of a school election at a rate 
not to exceed the prevailing federal minimum wage per hour of service 
in connection with such election. 

History: En. 75-6420 by Sec. 156, 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 

71 



75-6422 SCHOOLS 

adequate opportunity to east his vote. To that end election judges shall: 

(1) post at least one (1) instruction card in each voting booth and 
not less than three (3) such cards elsewhere about the polling place ; 

(2) proclaim the opening and closing of the polls ; 

(3) ensure that no more than one (1) person occupies a voting booth 
at one (1) time and that no person occupies a booth longer than is reason- 
ably necessary ; 

(4) enforce the rules against certain prohibited conduct as provided 
in section 23-3605, R. C. M., 1947 ; 

(5) aid a disabled elector in marking his ballot in the manner pro- 
vided by section 23-3609, R. C. M., 1947 ; and 

(6) follow the remaining pro\'isions of chapter 36 of Title 23, R. C. M., 

1947, regulating the conduct of elections, and chapter 14 of Title 94, R. C. 

M., 1947, except that no deviation from those regulations shall vitiate 

the election so long as it can reasonably be concluded that neither the 

outcome of the election nor any individual elector was prejudiced by 

such deviation. 

History: En. 75-6421 by Sec. 157, Ch. 5, 
L. 1971. 

75-6422. Delivery of ballot, pollbook, tally sheet, and certifying elec- 
tion result. The judges shall conduct school elections in the following 
manner : 

(1) The election judges shall deliver the ballots to the elector offer- 
ing to vote and shall cause the recording of such elector's signature on 
the registered elector listing for the polling place. 

(2) A pollbook shall be kept by the election clerk. The clerk shall 
record the name of each elector in the pollbook at the time his ballot is 
deposited in the ballot box. One pollbook may be kept for two or more 
school elections conducted simultaneously at the same poll. 

(3) Immediately after closing the polls, the judges shall count ballots. 
If there are more ballots than the recorded number of electors in the poll- 
book, the judges shall draw by lot from the ballots, without seeing them, 
a sufficient number of ballots to equalize the number of ballots and the 
number of electors. 

(4) After the number of electors and ballots have been equalized, 
the judges shall proceed to count the ballots. The clerk shall enter on 
the tally sheet for the trustee election the name of every person voted 
for trustee, grouping them by length of term of the 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- 

72 



SCHOOL ELECTIONS 75-6423 

formation : 

(a) the number of votes east for each person who received votes 
for trustee and the length of term for which he received these votes; or 

(b) the total number of votes cast "for" and "against" a proposition. 

The certified totals shall be verified by the judges as being correct to the 
best of their knowledge, before an officer authorized to administer oaths. 
No informality in such certification shall vitiate the election, if the number 
of votes for each person or for or against each proposition can reasonably 
be ascertained from each tally list. 

(6) The school election judges shall return the pollbook, ballots, cer- 
tified tally sheets, and the registered elector listing to the trustees of 
the district as soon as possible. 

History: En. 75-6422 by Sec. 158, Ch. 5, 
L. 1971. 

75-6423. Trustees canvass of votes and issuance of election certificate. 

At the first regular or special meeting of the trustees conducted after the 
receipt of the certified tally sheets of any school election from all the polls 
of the district, the trustees shall canvass the vote. Such canvass shall in- 
clude a redetermination of the total votes cast for each person for trustee 
or the total votes cast "for" and "against" each proposition, as shown on 
the tally sheet or sheets. 

After the redetermination of the total votes cast, the trustees shall issue 
a certificate of election. In the case of a trustee election, the certificate 
shall be issued to the elected trustee and the county superintendent desig- 
nating the term of the trustee position to which he has been elected. In 
the case of an election on a proposition, the trustees shall issue a certifi- 
cate specifying the outcome of the election. The certificate shall be issued 
within fifteen (15) days after the election to that official or public body 
which ordered the election. "When the election has been ordered by resolu- 
tion of the trustees, the canvassed results shall be published immediately 
in a newspaper that will give notice to the largest number of people of the 
district. 

History: En. 75-6423 by Sec. 159, Ch. 5, Cross-Reference 

L. 1971. School bond elections, canvassing, sec. 

75-7117. 



CHAPTER 65 
SCHOOL DISTRICT ORGANIZATION AND REORGANIZATION 

Section 75-6506. Elementary district consolidation. 

75-6507. Conditions for elementary district annexation. 

75-6508. Elementary district annexation. 

75-6509. Consolidation or annexation election with assumption of bonded 
indebtedness. 

75-6510. Consolidation or annexation election without assumption of bonded 
indebtedness. 

75-6511. Elementary district consolidation of two or more counties to organ- 
ize joint elementary district. 

75-6512. Elementary district abandonment. 

75-651.3. .Toint elementary district .•\l)andonmcnt. 

73 



75-6506 SCHOOLS 

75-6514. Joint elementary district dissolution. 

75-6515. Boundary change of licensed child care institution elementary 

district. 
75-6516. Transfer of territory from one elementary district to another. 
75-6517. Limitations for creation of new elementary district. 
75-6518. Procedure for creation of a new elementary district. 
75-6519. Methods of changing high school district boundaries. 
75-6520. Establishment of high school districts in a county. 
75-6521. High school boundary commission and boundary change, division or 

redivision hearing procedure. 
75-6522. Approval of high school district boundary when elementary district 

territory divided by commission. 
75-6523. Counter-proposed high school district boundaries by electors and 

election. 
75-6524. High school district abandonment. 

75-6525. Limitations for organization of joint high school district. 
75-6526. Procedure for organization of joint high school district. 
75-6538. County high school unification. 
75-6539. Transactions after approved county higrh school unification. 



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. 

(3) When the county superintendent has received a resolution or a 
valid petition from each of the districts included in the consolidation prop- 
osition, he shall, within ten (10) days after the receipt of the last resolu- 
tion or petition and as provided by section 75-6406, order the trustees of 
each elementary district included in the consolidation proposition to call a 
consolidation election. 

(4) Each district, individually, shall call and conduct an election in 
the manner prescribed in this Title for school elections. In addition : 

(a) if the districts to be consolidated are to mutually assume the 
bonded indebtedness of each district involved in the consolidation, the 
consolidation election also shall follow the procedures prescribed in section 
75-6509 ; or 

(b) if the districts to be consolidated are not to mutually assume the 
bonded indebtedness of each district involved in the consolidation, the 

74 



SCHOOL DISTRICT ORGANIZATION 75-6508 

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 

L. 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 

(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 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. 

75 



75-6509 SCHOOLS 

(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 
certificate and, if it be for annexation with the assumption of bonded in- 
debtedness, shall specify that all the taxable real and personal property 
of the annexed territory shall jointly assume with the annexing district 
the existing bonded indebtedness of the annexing district. The county su- 
perintendent shall send a copy of the order to the board of county commis- 
sioners and to the trustees of the districts involved in the annexation or- 
der. If the annexation proposition is disapproved in the district to be 
annexed, it shall fail and the county superintendent shall notify each 
district of the disapproval of the annexation proposition. 

History: En. 75-6508 by Sec, 167, Ch. 5, 
L. 1971. 



75-6509. Consolidation or annexation election with assumption of bond- 
ed indebtedness. A consolidation election involving the mutual assump- 

76 



SCHOOL DISTRICT ORGANIZATION 75-6510 

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 (3) (a), deter- 
mine 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 (3) (a) or (3)(b), the proposition shall be 
disapproved in the district. 

History: En. 75-6509 by Sec. 168, Ch. 5, Cross-Reference 

L. 1971; amd. Sec. 5, Ch. 83, L. 1971. School elections generally, sec. 75-6401 

et seq. 



75-6510. Consolidation or annexation election without assumption of 
bonded indebtedness. A consolidation election without the assumption of 
bonded indebtedness by the elementary districts to be consolidated, as 
prescribed in section 75-6506, or an annexation election without the joint 
assumption of bonded indebtedness by the elementary district to be an- 
nexed, as prescribed in section 75-6508, shall be conducted in the manner 
prescribed by this title for school elections. Any elector qualified to vote 
under the provisions of section 75-6410 may vote at the election. 

In a consolidation election the ballots shall read, after stating the con- 
solidation proposition, "FOR consolidation without assumption of bonded 
indebtedness" and "AGAINST consolidation without assumption of bonded 
indebtedness." The consolidation proposition shall be approved by a dis- 
trict if a majority of those voting in a district approve the proposition, 
otherwise it shall be disapproved. 

77 



75-6511 SCHOOLS 

In an annexation election the ballots shall read, after stating the an- 
nexation proposition, "FOR annexation without assumption of bonded in- 
debtedness" and "AGAINST annexation without assumption of bonded 
indebtedness." The annexation proposition shall be approved by a district 
if a majority of those voting approve the proposition, otherwise it shall 
be disapproved. 

History: En. 75-6510 by Sec. 169, Ch. 5, Cross-Reference 

L. 1971. School elections generally, 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 insufiicient number of residents who are qualified elec- 
tors of the district that can and will serve as the trustees and clerk of the 
district so that a legal board of trustees can be organized. 

The county superintendent shall notify the elementary district that 
has not operated a school for two (2) consecutive years before the first 
day of the third year that the failure to operate a school for one hundred 
eighty (180) days during the ensuing school fiscal year shall constitute 
grounds for abandonment of such district at the conclusion of the succeed- 
ing school fiscal year. Failure by the county superintendent to provide 
such notification shall not constitute a waiver of the abandonment require- 
ment prescribed in subsection (1) above. 

Any abandonment under subsection (1) shall become effective on the 
first day of July. Any abandonment under subsection (2) of an elemen- 
tary district shall become effective immediately on the date of the aban- 
donment order. 

History: En. 75-6512 by Sec. 171, Ch. 5, 
L. 1971. 

78 



SCHOOL DISTRICT ORGANIZATION 75-6514 

75-6513. Joint elementary district abandonment. Any joint elemen- 
tary district shall be abandoned for the reasons prescribed in section 75- 
6512 or when the taxable value of the taxable property of the portion of 
the joint district that is located within any one of the counties is of so little 
value that the continued inclusion of such portion in the joint district is 
not justified. The county superintendent desij^nated by section 75-6720 for 
school budgeting purposes shall be responsible for ordering the abandon- 
ment of the joint district and shall immediately send a copy of such order 
to the county superintendent of each county with territory in the joint 
district. 

After the issuance or receipt of the abandonment order, each county 
superintendent shall attach the territory within his county to a contiguous 
elementary district within his county; except when the district is aban- 
doned because of the lack of taxable property in one county's territory 
of the district and a school is operated in another county's territory of 
the district which territory has a taxable value of seventy-five thousand 
dollars ($75,000) or more, the county superintendent of the county where 
such territory is located shall not attach it to another district. Such terri- 
tory shall continue to operate as an elementary district within the county. 

Any abandonment of a joint elementary district shall become effective 
on the date of the abandonment order except that district abandonments 
under the provisions of subsection (1) of section 75-6512 shall become ef- 
fective on the first day of July. 

History: En. 75-6513 by Sec. 172, Ch. 5, 
L. 1971. 



75-6514. Joint elementary district dissolution. Any joint elementary 
district may be dissolved. A proposition to dissolve a joint elementary dis- 
trict shall be introduced by a petition signed by a majority of the electors, 
qualified under the provisions of section 75-6410, who reside in the terri- 
tory of the joint district that is located within one (1) county. Such peti- 
tion shall be addressed and presented to the county superintendent of the 
county of residence of the petitioners. 

Whenever a county superintendent receives a valid petition for the 
dissolution of a joint elementary district, he shall immediately notify the 
county superintendents of all the other counties with territory located in 
the joint district. The county superintendents jointly shall, within ten (10) 
days after the receipt of the petition and as provided by section 75-6406, 
order the trustees of the joint district to call an election. The trustees shall 
call and conduct, at the same time, separate elections in each portion of 
the joint district that is located in a separate county. Such elections shall 
be called and conducted in the manner prescribed in this title for school 
elections and shall be considered as if each were an election in a separate 
district. An elector who may vote at a joint district dissolution election 
shall be qualified to vote under the provisions of section 75-6410. The elec- 
tion judges for each separate election in the joint district sliall 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 

79 



75-6515 SCHOOLS 

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- 
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 

^- 1971. Chapter 105, Laws of 1965 (sec. 75-5501 

ot 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 

80 



SCHOOL DISTRICT ORGANIZATION 75-6517 

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 superin- 
tendent 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 seventy-five thousand dollars ($75,000) 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 requested 
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 
superintendent 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 
it 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 tlie 
county superintendent shall deem it advisable and in tlie 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 de- 
scription in the petition. Otherwise, he shall, by order, deny the request. 
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. 

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 peti- 
tion shall be presented to the county superintendent of the county Avhere 
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 superin- 
tendent 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. 

75-6517. Limitations for creation of new elementary district. A new 
elementary district may be created out of the territory of an existing ele- 

81 



75-6518 SCHOOLS 

mentary 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 each existing district 
from which territory would be detached will be seventy-five thousand 
dollars ($75,000) or more after the territory is detached; and 

(3) the number of school census children between the ages of six 

(6) and sixteen (16) years according to the last completed district census 

reports 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. 

75-6518. Procedure for creation of a new elementaxy district. The 

petition requesting the creation of a new elementary district out of the 
territory of an elementary district or districts shall be addressed to the 
county superintendent and shall : 

(1) describe the territory that is requested to be incorporated in the 
new district and the taxable value of such territory as shown by the last 
completed assessment roll ; 

(2) state the reasons why the creation of a new district is requested; 
and 

(3) be signed by the parents or guardians of not less than ten (10) 
children between the ages of six (6) and sixteen (16) years who reside in 
the territory that would be included in the new district and who reside 
more than three (3) miles over the shortest practical route from an oper- 
ating school. 

When a county superintendent receives a valid petition requesting the 
creation of a new district, he shall file such petition, set a hearing place, 
date, and time for consideration of such petition that is not more than 
forty (40) days after the receipt of the petition and give notice of the 
place, date, and time of the hearing. The notices shall be posted in the dis- 
tricts affected by the request in the manner prescribed in this Title for 
school elections, with at least one such notice posted in the territory to 
be included in the new district. 

The county superintendent shall conduct the hearing as scheduled un- 
less before or at the time of the hearing he receives a protest petition 
signed by a majority of the electors of the proposed new district who are 
qualified to vote under the provisions of section 75-6410. A valid protest 
petition shall conclusively deny the creation of a new district. If a hearing 
is conducted, any resident or taxpayer of the affected districts shall be 
heard. If the county superintendent shall deem it advisable and in the best 
interests of the residents of the proposed new district, he shall grant the 
petitioned request and order the creation of a new elementary district 

82 



SCHOOL DISTRICT ORGANIZATION 75-6519 

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 
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 : 

83 



75-6520 SCHOOLS 

(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 high school district or, in 
any way, affect the boundary of an existing joint high school district, 
they shall send the boundary change resolution to the county superintend- 
ent of each county that would be affected by such boundary change. 

History: En. 75-6519 by Sec. 178, Ch. 5, 
L. 1971. 

75-6520. Establishment of high school districts in a county. The trus- 
tees of a high school district located in a county, which has not been 
divided into high school districts or become a high school district by 
county high school unification, may request the division of the county 
into a high school district or districts. The request shall be sent to the 
county superintendent. 

History: En. 75-6520 by Sec. 179, Ch. 5, 
L. 1971; amd. Sec. 1, Ch. 44, L. 1971. 

75-6521. High school boundary commission and boundary change, di- 
vision or redivision hearing procedure. Each county of the state of Mon- 
tana shall have a high school boundary commission consisting of the board 
of county commissioners and the county superintendent. Whenever a county 
superintendent receives a resolution from the trustees of any high school 
district requesting a boundary change or a request to divide or redivide 
the county into high school districts, he shall immediately notify the high 
school boundary commission. Such commission shall set a time, date, and 
place for a public hearing on the request. The hearing shall be set for a 
date within sixty (60) days after the receipt of the request and any in- 
terested person may appear and be heard on such request. The county su- 
perintendent shall send a written notice of the public hearing on a re- 
quested boundary change, division, or redivision to the trustees of each 
elementary and high school district of the county which has territory 
that would be affected by the change. The county superintendent shall 
also give notice of such public hearing in accordance with the requirement 
for school election notices prescribed by school election provisions of this 
Title. The certificate of the county superintendent filed with the high scliool 
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 

84 



SCHOOL DISTRICT ORGANIZATION 75-6523 

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 
Avhenever requested under the provisions of section 75-6520. In the latter 
case the commission's discretion shall extend only to the establishing of 
boundaries for the newly created high school district or districts. 

History: En. 75-6521 by Sec. 180, Ch. 5, 
L. 1971. 

75-6522. Approval of high school district boundary when elementary 
district territory divided by commission. If the order of a high school 
boundary commission would divide the territory of any elementary district 
between two (2) or more high school districts or would divide the territory 
of a joint elementary district which is located within the county between 
high school districts, the county superintendent shall, under the provisions 
of section 75-6406, order the trustees of such elementary district to call 
an election. The election shall be called and conducted in the manner pre- 
scribed in this Title for school elections. An elector who may vote on the 
proposition shall be qualified under the provisions of section 75-6410. 
If the election is required because of the division of the territory of a joint 
elementary district located in the county, the electors shall be residents 
of such territory. If a majority of the electors voting at such election ap- 
prove the division of the elementary district or the county's territory in 
a joint elementary district, the order of the high school boundary com- 
mission shall be approved. If a majority of the electors voting at such elec- 
tion do not approve such division, the high school boundary commission 
shall reconsider its action and shall establisli different high school boun- 
dary lines, subject to the same limitations herein described. 

History: En. 75-6522 by Sec. 181, Ch. 5, 
L. 1971. 

75-6523. Counter-proposed high school district boundaries by electors 
and election. Whenever a high school boundary commission issues an 
order to change high school district boundary lines, twenty per cent 
(20%) or more of the electors of anj- elementary district with territory af- 
fected by the high school boundary change who are qualified to vote under 
the provisions of section 75-6410 may protest the boundaries established 
by the order of the commission within thirty (30) days after the date of 
such order. Such protest shall be in the form of a petition addressed to 
the county superintendent and it shall provide a counter-proposition to 
the new high school boundaries established by the order of the commis- 
sion for the disposition of the territory of the elementary district for high 
school districting purposes. The provisions of this section shall not be 

85 



75-6524 SCHOOLS 

used in elementary districts that have approved high school boundaries 
under the provisions of section 75-6522. 

When the county superintendent receives a valid petition from an 
elementary district, he shall, within ten (10) days after the receipt of such 
petition, and as provided by section 75-6423, order the trustees of such 
elementary district to call an election to consider the higli school boundary 
counter proposition described in such petition. The trustees shall call and 
conduct the election in the manner prescribed in this Title for school elec- 
tions. An elector who may vote on the proposition shall be qualified to vote 
under the provisions of section 75-6-410. If a majority of the electors voting 
at the election approve the counter-proposition, the high school boundaries 
described by the counter-proposition shall be approved, and tlie order of 
the high school boundary commission shall be amended to establish such 
liigh school boundaries. If a majority of the electors voting at such elec- 
tion disapprove the counter-proposition, the order of the high school boun- 
dary commission shall be confirmed and shall be final. 

History: En. 75-6523 by Sec. 182, Ch. 5, 
L. 1971. 

75-6524. High school district abandonment. Within six (6) months 
after a high school district fails to operate an accredited high school within 
its boundaries for a period of one (1) year, the county superintendent 
shall order the high school district abandoned. At least twenty (20) days 
before issuing an abandonment order, the county superintendent shall noti- 
fy the trustees of the high school district of the impending abandonment. 
When the order is issued, the county superintendent also shall order the 
attachment of the territory of each elementary district of the abandoned 
high school district to another high school district or districts of the coun- 
ty. 

History: En. 75-6524 by Sec. 183, Ch. 5, 
L. 1971. 

75-6525. Limitations for organization of joint high school district. 

The boundaries of any high school district which encompass a county's 
portion of a joint elementary district where an elementary school is oper- 
ated may be changed to establish a joint high school district. Such high 
school district boundary change shall be a transfer of all tlie territory 
located in another county's portion of the same joint elementary district. 
No such boundary change shall be made when : 

(1) the territory transfer would reduce the taxable value of the 
taxable property of another high school district to less than seven hundred 
fifty thousand dollars ($750,000) ; or 

(2) a portion of the territory to be transferred is less than three (3) 
miles from an operating, accredited high school located in another high 
school district. 

History: En. 75-6525 by Sec. 184, Ch. 5, 
L. 1971. 

75-6526. Procedure for organization of joint high school district. 
The high school district boundary changes permitted under section 75-6525 

86 



SCHOOL DISTRICT ORGANIZATION 75-6538 

shall be made according to the following procedure : 

(1) A majority of the electors of a joint elementary district who are 
qualified to vote under the provisions of section 75-6410 and who reside 
in a county where the elementary school is not located may petition the 
county superintendent of their resident county to transfer the territory 
of the joint elementary district where they reside to establish a joint high 
school district. Such petition also shall state the reasons for requesting 
such a boundary change and the number of high school pupils residing in 
the territory. 

(2) When the county superintendent receives a valid petition re- 
questing the establishment of a joint high school district, he shall set a time, 
date, and place for a public hearing on the request which is not more than 
forty (40) days after the receipt of the petition. He shall give notice of 
such hearing in accordance with the election requirements for school 
election notices prescribed by school election provisions of this Title. The 
county superintendent shall also notify the county superintendent of the 
county where the higli school is located and the trustees of the high scliool 
district. 

(3) The county superintendent shall hear the request to change tlie 
high school district boundaries at the place, time, and date set for tlie 
hearing, and any interested person may appear and be heard on the request. 
If the county superintendent deems it advisable and in the. best interests of 
the residents of the territory to be transferred, he shall grant the peti- 
tioned request and order the change of high school boundaries to estab- 
lish a joint high school district. Otherwise, he shall, by order, deny the re- 
quest. 

(4) If the county superintendent orders the establishment of a joint 
high school district, he shall immediately send the order to the count}' 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) daj'S after the date of the county 
superintendent's order to grant or deny the request to establisli a joint 
high school district, an appeal may be made to the board of count}' com- 
missioners of the county in which the petition originated. The board of 
county commissioners sliall conduct a hearing for tlie 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 scliool districts, a 
liigh school district witli boundaries coterminous witli tiie county bounda- 

87 



75-6538 SCHOOLS 

ries shall be created, except that such liigh school district shall not include 
the territory of any existing joint higli school district located in the county. 
The territory of au existing joint liigh 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 tlie 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 
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. 

n 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 tlie 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-C538 by Sec. 197, Ch. 5, 
L. 1971. 

88 



SCHOOL DISTRICT ORGANIZATION 75-6539 

75-6539. Transactions after approved county high school unification. 

Whenever a county high school is unified witli 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, sliall order the creation of a high 
school district if the county has not already been divided into high school 
districts. 

(2) The county high school trustees, who shall not have the capacity 
to govern the high school district upon unification, shall surrender all 
minutes, documents and other records of the county high school to the trus- 
tees of the high school district. 

(3) The county superintendent shall order the establishment of addi- 
tional high school trustee nominating areas in the manner prescribed in 
sections 75-5903 and 75-5904, if requested to do so by a majority of the 
outlying elementary districts located in the high school district. AVhen the 
county superintendent establishes such areas, he shall appoint additional 
high school district trustees from each area who shall hold office until a 
successor is elected at the next regular school election and qualified. 

(4) The county treasurer, after allowing for any outstanding or 
registered warrants, shall transfer all end-of-the-year fund cash balances 
of the county high school to similar funds established for the high school 
district. All previous years' taxes levied and collected for the county high 
school shall be credited to the appropriate fund of the high school district. 

(5) The board of county commissioners shall execute, in the name of 
the county, all necessary and appropriate deeds, bills of sale and other 
instruments for the conveyance of title to all real and personal property 
of the county high school, including all appurtenances and hereditaments, 
to the high school district. 

All county high school bonds outstanding at the time of unification 
shall remain the obligation of the county or that portion of the county 
against which the bonds were originally issued. The high school district 
shall be responsible for the maintenance of the debt service fund for such 
bonds. It shall be the duty of the board of county commissioners and the 
trustees of the high school district to perform the duties prescribed in the 
school budgeting and bond redemption provisions of this title for the re- 
demption and interest payments of the county high school bonds in the 
same manner and by the same means as though the county high school had 
not been unified. 

History: En. 75-6539 by Sec. 198, Ch. 5, 
L. 1971. 



CHAPTER 69 

STATE EQUALIZATION AID TO PUBLIC SCHOOLS 

Section 75-6923. Additional lev}' for general fund and election for aiitliorization to 
impose. 

89 



75-6923 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 biulf^et 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 schoolhouse of the 
district ; 

(2) furnishing additional school facilities for the district; 

(3) acquisition of land for the district ; 

(4) proper maintenance and operation of the school programs of the 
district. 

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. Such special election shall be called and conducted in the man- 
ner prescribed by this Title for school elections. The ballot for such elec- 
tion shall state the amount of money to be raised by additional property 
taxation, the approximate number of mills required to raise such money, 
and the purpose for which such money will be expended, and it shall be 
in the following format : 

PROPOSITION 

Shall a levy be made in addition to the levies authorized by law in 
such number of mills as may be necessary to raise the sum of (state the 
amount to be raised by additional tax levy), and being approximately 
(give number) mills, for the purpose of (insert the purpose for which the 
additional tax levy is made) ? 

n FOR the additional levy. 

D AGAINST the additional levy. 

If the election on any additional levy for the general fund is approved by 
a majority vote of those electors voting at such election, the proposition 
shall carry and the trustees may use any portion or all of the authorized 
amount in adopting the preliminary general fund budget. The trustees 
shall certify the additional levy amount authorized by such a special elec- 
tion on the budget form that is submitted to the county superintendent 
and the county commissioners shall levy such number of mills on the tax- 
able value of all taxable property within the district as prescribed in 
section 75-6926, as are required to raise the amount of such additional 
levy. 

Authorization to levy an additional tax under the provisions of this 
section shall be effective for only one school fiscal year and shall be author- 
ized 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 

90 



TRANSPORTATION OF PUPILS 75-7015 

district may be imposed by a high school district in a given school fiscal 
year. 

History: En. 75-6923 "by Sec. 273, Ch. 5, 
L. 1971; amd. Sec. 7, Ch. 83, L. 1971. 



CHAPTER 70 

SCHOOL BUSES AND TRANSPORTATION OF PUPILS 
Section 75-7015. Duties of the county tranef)ortation committee. 

75-7015. Duties of the county transportation committee. It shall be 
the duty of the connty transportation committee to : 

(1) establish the transportation service areas within the county, with- 
out regard to district boundary lines, which will define the geographic 
area of responsibility for school bus transportation for each district that 
operates a school bus transportation program ; 

(2) approve, disapprove, or adjust the school bus routing submitted 
by the trustees of each district in conformity with the transportation serv- 
ice areas established in subsection (1) ; 

(3) approve, disapprove, or adjust applications, approved by llie 
trustees, for increased reimbursements for individnal transportation due 
to isolated conditions of the eligible transporteo's residence; and 

(4) conduct hearings to establish tlie 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 tlie 
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, 

91 



75-7109 SCHOOLS 

it shall become effective on the first day of July of the ensuing school fiscal 
year. 

Unless a transfer of a district from one transportation service area or 
approved school bus route to another such area or route is approved by 
the county transportation committee and tlie superintendent of public in- 
struction, the state transportation reimbursement shall be limited to the 
reimbursement amount for scliool 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 DISTEICT AND COUNTY SCHOOL BONDS 

Section 75-7109. Eefunding bonds may be issued without an election. 

75-7110. Election required to authorize the issuance of school district bonds 
and the methods of introduction. 

75-7111. Additional requirements for trustees resolution calling bond election. 

75-7112. Form, contents and circularization of petition proposing school 
district bond election. 

75-7113. Validation of petition and county registrar's certificate. 

75-7114. Trustees' consideration of validated petition proposing bond election. 

75-7115. Preparation and form of ballots for bond election. 

75-7116. Notice of bond election by separate purpose. 

75-7117. Determination of approval or rejection of proposition at bond elec- 
tion. 

75-7118. Trustees resolution to issue school district bonds. 

75-7134. Purposes and petition for county high scliool bonds. 

75-7135. Duty of board of county commissioners to call election and issue 
bonds. 

75-7136. Proration of county bond proceeds between high schools of the 
county. 

75-7109. Refunding bonds may be issued without an election. Bonds 
of a school district issued for the purpose of providing the money needed 
to redeem outstanding bonds may be issued without submitting the propo- 
sition to the electorate at an election. In order to issue bonds for such 
purpose, the trustees, at a regular meeting or a duly called special meet- 
ing, shall adopt a resolution setting forth : 

(1) the facts regarding the outstanding bonds that are to be redeemed; 

(2) the reasons for issuing new bonds ; and 

(3) the term and details of the new bond issue. 

After the adoption of such resolution, the trustees shall give notice of the 
sale of such new bonds in the same manner that notice is required to be 
given for the sale of bonds authorized at a school election. Such 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 the rate of interest offered on the new bonds is at least one-half 
(l^) 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. 



92 



SCHOOL DISTRICT AND COUNTY SCHOOL BONDS 75-7112 

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, 
L. 1971. 

75-7112. Form, contents and circularization of petition proposing 
school district bond election. Any petition for the calling of an election 
on the proposition of issuing school district bonds shall : 

(1) plainly state each purpose of the proposed bond issue and the 
estimated amount of the bonds that would be issued for each purpose ; 

(2) be signed by not less than twenty per cent (20%) of the school 
district electors qualified to vote under the provisions of section 75-6410 
in order to constitute a valid petition ; 

(3) be a single petition or it may be composed of more than one peti- 
tion, all being identical in form, and after being circulated and signed they 
shall be fastened together to form a single petition when submitted to the 
county registrar; 

(4) be circulated by any one or more qualified electors of the school 
district ; and 

(5) contain an affidavit of each registered elector circulating a peti- 
tion attached to the portion of the petition he circulated. Such affidavit 
shall attest to the authenticity of the signatures and that the signers knew 
the contents of the petition at the time of signing it. 

History: En. 75-7112 by Sec. 313, Ch. 5, 
L. 1971; amd. Sec. 8, Ch. 83, L. 1971. 

93 



75-7113 SCHOOLS 

75-7113. Validation of petition and county registrar's certificate. The 
petitioners for a school district bond election shall submit their petition 
to the county registrar of the county where the school district is located 
for validation of the signatures on the petition. The county registrar shall 
examine the petition and shall attach or endorse thereon a certificate which 
shall state : 

(1) the total number of electors of the school district who are, at 
the time, qualified to vote under the provisions of section 75-6410 ; 

(2) which and how many of the persons whose names are subscribed 
to the petition possess the qualifications to vote on a bond proposition ; 
and 

(3) whether the number of qualified signers established in subsec- 
tion (2) is more or less than twenty per cent (20%) of the total number 
of qualified electors established in subsection (1). 

After completing the examination, the county registrar shall immedi- 
ately send the petition and his certificate to the school district. The county 
registrar shall not receive compensation for the examination of school 
district bond petitions. 

History: En. 75-7113 by Sec. 314, Ch. 5, 
L. 1971; amd. Sec. 9, Ch. 83, L. 1971. 

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 Avho are qualified to vote under the provisions of 
section 75-6410. 

History: En. 75-7114 by Sec. 315, Ch. 5, 
L. 1971; amd. Sec. 10, Ch. 83, L. 1971. 

75-7115. Preparation and form of ballots for bond election. The 

school district shall cause ballots to be prepared for all bond elections, and 
whenever bonds for more than one purpose are to be voted upon at the 
same election, separate ballots shall be prepared for each purpose. All such 
ballots shall be substantially in the following form : 

OFFICIAL BALLOT 

SCHOOL DISTRICT BOND ELECTION 

INSTRUCTIONS TO VOTERS: Make an X or similar mark in the 
vacant square before the words "BONDS— YES" if you wish to vote for 
the bond issue ; if j^ou 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 

94 



SCHOOL DISTRICT AND COUNTY SCHOOL BONDS 75-7116 

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). 

D 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 elec- 
tion provisions of this Title except that the election notice required therein 
shall be in substantially the following form : 

NOTICE OF SCHOOL DISTRICT BOND ELECTION 

Notice is hereby given by the trustees of School District No of 

County, state of Montana, that pursuant to a certain resolution 

duly adopted at a meeting of the board of trustees of said school district 

held on the day of , A.D., 19 , and election of the 

registered electors of School District No — of County, 

state of Montana, who are taxpayers therein and whose names appear on 
the last completed assessment roll for state, county and school district 

taxes prior to the holding of such election, 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 amortization bonds will be the first choice of the board of 
trustees. The bonds to be issued, whether amortization or serial bonds, 

will be payable in installments over a period not exceeding 

(state number) years. 

The polls will be open from o'clock m. and until 

o'clock m. of the said day. 

Dated and posted this day of , A.D., 19 



Chairman of School District No. 

of County, 

State of Montana 

If the bonds proposed to be issued are for more than one purpose, then 
each purpose shall be separately stated in the notice together with the 
proposed amount of bonds therefor. 

History: En. 75-7116 by Sec. 317, Ch. 5, 
L. 1971; amd. Sec. 40, Ch. 234, L. 1971. 

95 



75-7117 SCHOOLS 

75-7117. Determination of approval or rejection of proposition at bond 
election. Wlien the Iriisteps canvass llie vote of a school district bond 
election under the provisions of section 7-5-6423, they sliall determine the 
approval or rejection of the school bond proposition in the folloM^ing man- 
ner: 

(1) determine the total number of electors of the school district who 
are qualified to vole under the provisions of section 73-6410 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, tlie 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 ; 

(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 ; 

96 



SCHOOL DISTRICT AND COUNTY SCHOOL BONDS 75-7135 

(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 that tlie sale of tlie 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 whero a county hig:h school tliat luis not been placed in a high 
school district is located ma}' bocouie indebted by tlie issuance of bonds 
for the purposes of: 

(1) purchasing or er(>ctiiig a building or buildings for higli school 
purposes; 

(2) remodeling, oiihirging, or repairing a building or buildings for 
high school purposes; 

(3) purchasing equipment for high school purposes ; 

(4) purchasing, erecting, or equipping a high school dormitory or 
gymnasium ; 

(5) purchasing a suitable site or sites for such high school building; or 

(6) refunding or redeeming any outstaiuling 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 commissioiuM's of the county to 
submit such bond proposition to the qualified electors of the county. 

History: En. 75-7134 by Sec. 335, Ch. 5, 
L. 1971; amd. Sec. 12, Ch. 83, L. 1971. 



75-7135. Duty of board of county commissioners to call election and 
issue bonds. Immediately upon the receipt of any bond proposition re- 
quest from the trustees of the county high school, it shall be the dut}- of 
the board of countj'- commissioners to submit such question to the qualified 
electors of the county in the manner otherwise provided by law for the 
submission of the proposition of the issuance of other county bonds. If a 
majority of the qualified electors of the county, voting upon the proposi- 
tion so submitted, shall approve such issue, then the board of county 
commissioners shall issue and market the bonds authorized as in the 
case of other county bonds. 

History: En. 75-7135 by Sec. 336, Ch. 5, 
L. 1971. 

97 



75-7136 SCHOOLS 

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 tliat has been divided 
into high school districts and another high school is maintained by an 
elementary district of the county, bonds of the county may likewise be 
issued in accordance with the provisions of sections 75-7134 and 75-7135. 
The proceeds of such issue shall be divided among the county high school 
and the districts maintaining a high school. The question submitted to the 
electors of the county shall state the amount which is to be allotted to the 
county high school and the amount which is to be apportioned to or among 
such districts. In all such cases, the amount allotted to the county high 
school and the amount to be apportioned among the districts shall be com- 
puted upon the basis of the taxable valuation of the county that is used 
for county high school property taxation purposes and the taxable valua- 
tion of the districts maintaining a high school. Any such bond moneys 
apportioned to a district shall not be expended until the purpose for the 
expenditure has been approved by a vote of the qualified electors at an 
election held in the same manner prescribed for a school district bond 
election. 

History: En. 75-7136 by Sec. 337, Ch. 5, 
L. 1971. 

CHAPTER 72 

ELEMENTAEY TUITION AND SPECIAL PURPOSE FUNDS 
Section 75-7205. Purpose and authorization of a building reserve fund by an election. 

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 other buildings needed for school purposes in the dis- 
trict. In order to submit to the qualified electors of the district a building 
reserve proposition for the establishment of or addition to a building re- 
serve, the trustees shall pass a resolution that specifies : 

(1) the purpose or purposes for which the new or addition to tlie build- 
ing reserve will be used ; 

(2) the duration of time over which the new or addition to the build- 
ing reserve will be raised in annual, equal installments; 

(3) the total amount of money that will be raised during the duration 
of time specified in subsection (2) ; and 

(4) any other requirements under section 75-6406 for the calling of 
an election. 

The total amount of building reserve when added to the outstanding 
indebtedness of the district shall not be more than five per cent (5%) 
of the value of the taxable property of the district. Such limitation shall 
be determined in the manner provided in section 75-7104. A building reserve 
tax authorization shall not be for more than twenty (20) years. 

98 



EDUCATIONAL CO-OPERATIVE AGREEMENTS 75-7308 

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) . 

n BUILDING RESERVE— YES. 

n BUILDING RESERVE— NO. 

The building reserve proposition shall be approved if a majority of 
those electors voting at the election approve the establishment of or addi- 
tion to such building reserve. The annual budgeting and taxation authority 
of the trustees for a building reserve shall be computed by dividing the 
total authorized amount by the specified number of years. The authority 
of the trustees to budget and impose the taxation for the annual amount 
to be raised for the building reserve shall lapse when, at a later time, 
a bond issue is approved by the qualified electors of the district for the 
same purpose or purposes for which the building reserve fund of the 
district 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 realized by the bond issue is used. 

History: En. 75-7205 by Sec. 344, Ch. 5, 
L. 1971; amd. Sec. 13, Ch. 83, L. 1971. 

CHAPTER 73 

PUBLIC SCHOOL FUND, EDUCATIONAL CO-OPERATIVE AGREEMENTS 

AND GRANTS TO SCHOOLS 

Section 75-7308. Joint interstate school agreements. 



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 

99 



75-7406 SCHOOLS 

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) ? 

n 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 
Section 75-7406. School 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) Veterans' day (fourth Monday in October), 

(6) Thanksgiving day (fourth Thursday in November), 

(7) Christmas day (December 25), 

100 



COMMUNITY COLLEGE DISTRICTS 75-8105 

(8) 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 Saturday 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. 



CHAPTER 81 

COMMUNITY COLLEGE DISTRICTS 

Section 75-8104. Requirements for organization of community college district. 

75-8105. Petition to propose organization of community college district. 

75-8106. Call of community college district organization election and proposi- 
tion statement. 

75-8107. Election of trustees, districts from which elected and terms of office. 

75-8108. Call for nominations of trustee candidates and notice. 

75-8109. Nomination of candidates and provision of sample ballot. 

75-8110. Notice of organization election. 

75-8111. Conduct of election. 

75-8112. Determination of approval or disapproval of proposition and sub- 
sequent procedures if approved. 

75-8113. Qualifying and organization of board of trustees. 

75-8114. Election of trustees after organization of community college district. 

75-8115. Tabulation, declaration and certification of elected trustees. 

75-8116. Vacancy of trustee position. 

75-8125. Annexation of territory of districts to community college district. 

75-8131. Additional levy proposition — submission to electors. 



75-8104. Requirements for organization of community college district. 

The registered electors in any area of the state of Montana may request 
an election for the organization of a community college district where the 
proposed community college district conforms to the following require- 
ments : 

(1) The proposed area shall coincide with the then existing bounda- 
ries of contiguous elementary districts of one or more counties. 

(2) The assessed valuation of tlie proposed area is at least thirty 
million dollars ($30,000,000). 

(3) There are at least seven hundred (700) pupils regularly enrolled 
in public and private high schools located in the proposed area. 

History: En. 75-8104 by Sec. 451, Ch. 5, 
L. 1971. 

75-8105. Petition to propose organization of community college dis- 
trict. When the area of a proposed community college district satisfies 
the specified requirements, the registered electors of the area may petition 
the regents to call an election for the organization of a community college 
district. Such petition shall be signed by at least twenty per cent (20%) 
of the registered electors within each county or a part of a county in- 
cluded in the area of tlie proposed community college district. 

History: En. 75-8105 by Sec. 452, Ch. 5, 
L. 1971; amd. Sec. 2, Ch. 406, L. 1971. 

101 



75-8106 SCHOOLS 

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 sliall order the elementary districts encompassed by the proposed 
community college district to conduct an election on the community col- 
lege district organization proposition. Such election shall be held on the 
next succeeding regular school election day, except that an election re- 
quired by a petition received by the regents less than sixty (60) days 
before the regular school election day shall be held at the regular school 
election in the following school fiscal year. 

At such election, the proposition shall be in substantially the following 
form : 

PROPOSITION 

Shall there be organized within the area comprising the School Districts 

of (elementary districts shall be listed by county). State of 

Montana, a community college district for the offering of 13th and 14th 

year courses, to be known as the Community College District of , 

Montana, under the provisions of the laws authorizing community college 
districts in Montana, as prayed in tlie petition filed with the Board of 
Regents at Helena, Montana, on llie day of , 19 

□ For organization 

□ Against organization 

History: En. 75-8106 by Sec. 453, Ch. 5, 
L. 1971; amd. Sec. 3, Ch. 406, L. 1971. 

75-8107. Election of trustees, districts from which elected and terms 
of office. The regents shall provide for the election of trustees of the 
proposed 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 
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 school census of the 
proposed district, as determined by the last school census, then each such 
district or part of district shall elect three (3) trustees and the remaining 
trustees shall be elected at large from the remainder or the proposed com- 
munity 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 total 
school census of the proposed district, then four (4) trustees shall be elect- 
ed from such high school district or such part of high school district and 
three (3) trustees at large from the remainder of the proposed community 
college district. If the trustees are elected at large throughout the entire 
proposed community college district, the one receiving the greatest number 
of votes shall be elected for a term of seven (7) years, the one receiving 

102 



COMMUNITY COLLEGE DISTRICTS 75-8110 

the next greatest number of votes, for a term of six (6) years, the one 
receiving the next greatest number of votes, for a term of five (5) years, 
the one receiving the next greatest number of votes for a term of four (4) 
years, the one receiving the next greatest number of votes for a term of 
three (3) years, the one receiving the next greatest number of votes for 
a term of two (2) years, and the elected one receiving the least number 
of votes for a term of one (1) year. If the trustees are elected in any man- 
ner other than at large throughout the entire proposed community college 
district, then the trustees elected shall determine by lot the one who shall 
serve for seven (7) years, the one who shall serve for six (6) years, the 
one who shall serve for five (5) years, the one who shall serve for four 
(4) years, the one who shall serve for three (3) years, the one who shall 
serve for two (2) years, and the one who shall serve for one (1) year. 
Thereafter, all trustees elected shall serve for terms of seven (7) years 
each. 

History: En. 75-8107 by Sec. 454, Ch. 5, 
L. 1971; amd. Sec. 4, Ch. 406, L. 1971. 

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 tlie regents. Notice of the call for nominations 
shall be published in at least one newspaper of general circulation in 
each county or any portion of a county included in the proposed com- 
munity college district, once a week for three consecutive weeks, the last 
insertion to be no less than five weeks prior to the date of the election. 
Such notice shall describe the geographical composition of the board of 
trustees membership, nomination procedure, and the proposal for the 
organization of a community college district. 

History: En. 75-8108 by Sec. 455, Ch. 5, 
L. 1971; amd. Sec. 5, Ch. 406, L. 1971. 

75-8109. Nomination of candidates and provision of sample ballot. 

Nominations of candidates for the trustee positions must be filed with the 
regents at least thirty (30) days prior to tlie 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 org'anization 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- 

103 



75-8111 SCHOOLS 

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. Scliool elections generally, sec. 75-6401 

el seq. 

75-8112. Determination of approval or disapproval of proposition and 
subsequent procedures if approved. The proposal to organize the com- 
munity college district, to carry, must receive a majority of the total 
number of votes east tliei-eoii and the co-ordinator of community college 
districts, fr(»m the results so certified and attested, shall determine 
whether tlie proposal has received the majority of the votes cast thereon 
for eaeli eovinty within tlie proijosed district and sliall certify the results 
to the regents. Approval for the organization of a new community college 
district shall be granted at the discretion of the legislature acting ui)on 
the recommendation of the regents. Should the certificate of the co- 
ordinator of community college districts show that the proposition to 
organize sueli community college district has received a majority of the 
votes cast tliereon in each county within tlie ju-oposed district, the 
regents may make an order deehiring the community college district or- 
ganized and cause a coj)y thereof to be recorded in the ofifice of the count}'' 
clerk and recorder in each county in whicli a portion of such new district 
is located. If the proposition carries, tlie regents also shall determine 
which candidates have been elected trustees. Should the proposition to 
organize the community college district fail to receive a majority of the 
votes cast thereon, no tabulation shall be made to determine the candidates 
elected trustees. 

"Within thirty (30) days of the date oP tlie organization order, the 
regents sliall set a date and call an organization meeting for the board of 
trustees of the community college district and shall notify the duly 
elected trustees of their membership and of the organization meeting. 
Such notification sliall designate a temjiorary chainnaii and secretary for 
the purposes of organization. 

History: En. 75-8112 by Sec. 459, Ch. 5, 
L. 1971; amd. Sec. 1, Ch. 164, L. 1971; 
amd. Sec. 2, Ch. 407, L. 1971. 

75-8113. Qualifying and organization of board of trustees. Newly 
elected members of the board of trustees of the community college district 
shall be qualified by taking the oath of office prescribed by article XIX, 
section ], of tlie constitution of Montana. At tlie organization meeting 

104 



COMMUNITY COLLEGE DISTRICTS 75-8115 

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 count}' treasurer of the county 
in which the community college facilities are located. 

History: Ezi. 75-8113 by Sec. 460, Ch. 5, 
L. 1971. 

75-8114. Election of trustees after organization of community college 
district. After organization, the registered electors of tlie community col- 
lege district shall vote for trustees on tlie first Saturday in April, and such 
elections shall be conducted by the component elementary school districts 
Avithin 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 tlie regular 
school election day. 

Notice of the community college district trustee election shall be given 
by the board of trustees of the community college district by publication 
in one (1) or more newspaper of general circulation within each county, 
not less than once a week for two (2) consecutive weeks, the last insertion 
to be no longer than one (1) week prior to the date of the election. This 
notice shall be in addition to the election notice to be given by the trustees 
of the component elementary districts under the school election laws. 

Should trustees be elected other than at large throughout the entire 
district, tlu^n 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 
thfu"r declarations of candidacy with the secretary of the board of trustees 
of the community college district not less thaji thirty (30) days prior to 
the date of election. If an electronic voting system or voting machines 
are not used in the component elementary school district or districts which 
conduct the election, then the board of trustees of the community college 
district shall cause ballots to be printed and distributed for the polling 
places in such component districts at the expense of the community college 
district, but in all other respects said elections shall be conducted in ac- 
cordance with the school election laws. All costs incident to election of the 
community college trustees shall be borne by the community college dis- 
trict including one-half (%) of the compensation of the judges for the 
school elections; provided that, if the election of the community college 
district trustees is the only election conducted, the community college dis- 
trict shall coMipensate the district for the total cost of the election. 

History: En. 75-8114 by Sec. 461, Ch. 5, 
L. 1971. 

75-8115. Tabulation, declaration and certification of elected trustees. 
When the board of trustees of the communitv college district lias 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 tiie candidate or candidates receiving the greatest number of 

105 



75-8116 SCHOOLS 

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 tlie ballot sliall be as follows: 

"Sliall school districts be annexed to and become a part of 

the community college district of Montana? 

□ For Annexation 

□ Against Annexation" 

To carry, tlie proposals to annex must receive a majority of the total votes 
cast thereon. Upon receipt of the certified results of the election from the 
elementary districts encompassed in the proposed area to be annexed, the 
board of trustees of the community college district shall canvass tlie vote 
and declare tlie results of the election. If tiie annexation proposition carries, 
a certified copy of tlie canvassing resolution shall be filed in the office of 
the county clerk and recorder of the county encompassing the area to be 
annexed and upon such filing, the area to be annexed shall then become a 
part of the community college district. 

History: En. 75-8125 by Sec. 472, Ch. 5, 
L. 1971; amd. Sec. 1, Ch. 162, L. 1971. 

75-8131. Additional levy proposition — submission to electors. The 

board of trustees of a community college district may elect to adopt a 
general fund budget in excess of the budget funded by the legislature. 
When the board of trustees i)ruposes such a budget, it shall submit an 
additional levy proposition to the electors of the district. The additional 

106 



SCHOOL SITES, CONSTRUCTION AND LEASING 75-8203 

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 

Section 75-8201. Trustees power over property. 

75-8202. Land acquired by conditional deed or at will or sufferance. 
75-8203. Selection of school sites, approval election, and lease of state lauds. 
75-8204. Trustees authority to acquire or dispose of sites and buildings, 

and when election required. 
75-8205. Trustees may sell property when resolution passed after hearing, 

and appeal procedure. 

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 
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 

107 



75-8204 SCHOOLS 

sites for school buildings or for other school purposes but such selection 
shall first be approved by the qualified electors of the district before any 
contract for the purchase of such site is entered into by the trustees, ex- 
cept the trustees shall have the authority to purchase or otherwise acquire 
property contiguous to an existing site that is in use for school purposes 
without a site approval election. Furthermore, the trustees may take an 
option on a site prior to tlie site approval election. 

The election for the approval of a site sliall be called under tlie provi- 
sions of section 75-6406 and shall be conducted in the maimer prescribed by 
this Title for school elections. An elector who may vote at a school site 
election shall be qualified to vote under the provisions of section 75-6410. 
If a majority of those voting at the election approve the site selection, the 
trustees shall have the autliority 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 tlie issuance of bonds was ap- 
proved for the purchase of such site. 

Any site for a school building or other building of the district that is 
selected or purchased by the trustees shall: 

(1) be in a place that is convenient, accessible and suitable ; 

(2) comply with the minimum size and other requirements prescribed 
by the board of health of the state of Montana ; and 

(3) comply with the state-wide building regulations, if any, promul- 
gated by the state building code council. 

The state board of land commissioners shall have the authority to sell, 
at the appraised value, or to lease for any period of time less than ninety- 
nine (99) years, at an amount of one dollar ($1) per year, to a district 
any tract of state land of not more than ten (10) acres to be used as a 
school site in such district. 

History: En. 75-8203 by Sec. 475, Ch. 5, 
L. 1971. 

75-8204. Trustees authority to acquire or dispose of sites and build- 
ings, and when election required. The trustees of any district shall have 
the authority to purchase, build, exchange, or otherwise acquire or sell 
or otherwise dispose of sites and buildings of the district. Such action 
shall not be taken by the trustees without the approval of the qualified 
electors of the district at an election called for such approval unless : 

(1) a bond issue has been authorized for the purpose of constructing, 
purchasing, or acquiring the site or building ; 

(2) an additional levy under the provisions of section 75-6923 has 
been approved for the purpose of constructing, purchasing, or acquiring 
the site or building ; 

(3) the cost of constructing, purchasing, or acquiring the site or build- 
ing is financed without exceeding the maximum-general-fund-budget-with- 
out-a-vote amount prescribed in section 75-6905, and, in the case of a site 
purchase, the site has been approved under the provisions of section 75- 
8203 ; or 

(4) moneys are otherwise available under the provisions of this Title 

108 



SCHOOL SITES, CONSTRUCTION AND LEASING 75-8205 

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 de- 
termine that a site, building, or any other real 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 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 in- 
tention to sell or otherwise dispose of district real 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 disposition of 
such real 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 property and the time, date, and 
place when the resolution authoi-izing the sale or other disposition will be 
considered for adoption. Any elector of the district shall have the right 
to be present and protest tlio passage of the resolution. If the trustees 
adopt the resolution and an elector has protested such adoption at the trus- 
tee meeting conducted for tlie liearing on tlie resolution, such resolution 
shall not become effective for five (5) days after the date of its adoption. 

Any taxpayer may appeal tlie resolution of the trustees, at any time 
within five (5) days after the d;ite of the resolution, to the district court 
by filing a verified petition witli 1]ie clerk of such court and serving 
a copy of such petition upon the district. The petition shall set out in de- 
tail the objections of the petitioner to the adoption of the resoluion 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 iminediately fix the time for a hearing at the earliest, con- 
venient time. At the liearing, the court shall hear the matter de novo and 
may take testimony as it deems necessary. Its proceedings shall be sum- 
mary and informal, and its decision shall be final. 

The trustees of a district that has adopted a resolution to sell or other- 
wise dispose of distric treal proix'rty and, if appealed, has been upheld 
by the court shall sell or dispose of such real property in any reasonable 
manner that they deterniine to be in the best interests of the district. 

109 



75-8304 SCHOOLS 

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. 



CHAPTER 83 

MISCELLANEOUS PEOVISIONS 
Sectiou 75-8304. Oath of office. 

75-8304. Oath of office. Any person elected or appointed to any pub- 
lic office authorized by this Title shall take the oath of office before qualify- 
ing for and assuming the office. In case an officer has a written appointment 
or commission, his oath shall be endorsed thereon ; otherwise it may be 
taken orally ; and, in either case, it may, without charge or fee, be sworn to 
before an officer authorized to administer oaths for such public office. 

History: En. 75-8304 by Sec. 488, Ch. 5, 
L. 1971. 



110 



TITLE 84— TAXATION 

REFERENDUM UPON THE 1971 MONTANA REVENUE ACT 

Chapter 9, 2nd Ex. L. 1971, enacted "The 1971 Montana Eevenue Act," providing 
for a sales tax and use tax in lieu of a portion of the surtax on the income tax, 
subject to referendum at a special general election to be held on November 2, 1971. 
The Title of the Act and sections 42 and 43 read as follows: 

An act providing for a referendum to be submitted to the electors in November 
1971 for a law which provides for the levying of a two per cent (29f) sales and use 
tax to support state government; providing for the administration thereof and for 
penalty in case of violation thereof; providing for an income tax refund or credit 
for sales and use tax upon food, drugs and related items; providing an increase in 
income tax surtax to forty per cent (40%) by amending section 84-4902.1, R. C. M. 
1947, for calendar year 1971 if the referendum passes; providing for the continuance 
of such surtax rate to December 31, 1972 if the referendum fails; providing for repeal 
of acts or parts of acts in conflict herewith and providing effective dates. 

* » » 

Section 42. Referendum. There shall be a referendum upon this act except for sections 
40 and 46 to be submitted to the electors of this state at a special general election to 
be held November 2, 1971 for their approval or rejection. 

Section 43. The referendum shall be submitted to the electors on an official ballot 
which shall contain the title of this act and the number of the referendum. The ques- 
tion shall be presented in the following form: 

□ For referendum measure no. 

For reduction of the 40'^ Income Tax Surtax to 10% and for the enactment of the 
2% Sales and Use tax, 

n Against referendum measure no. 

Against reduction of the 40% Income Tax Surtax to 10%: and against enactment 
of the 2% Sales and Use Tax. 



Ill 



TITLE 89— WATERS AND IRRIGATION 



CHAPTER 34— CONSERVANCY DISTRICTS 

Section 89-3405. Action by water board upon receipt of request. 

89-3407. Feasibility study and report — adjustment of proposed boundaries, 

89-3405. Action by water board upon receipt of request. (1) Soon- 
er than eleven (11) days after the request is received, the water board 
shall acknowledge the request. 

(2) The water board shall itself, or through co-operating agencies, 
or together with co-operating agencies : 

(a) consult with the board of supervisors and all persons who may- 
participate in the proposed project; 

(b) conduct a preliminary survey of the proposed district; 

(c) estimate costs of works, maintenance, and operation ; 

(d) determine sources of financing; 

(e) reach a tentative decision on the feasibility, desirability and 
compatability with the state water plan of the proposed district; 

(f) adjust the boundaries of the proposed district to improve the 
feasibility, desirability or consistency with the state water plan ; 

(g) sooner than one (1) year after receipt of the request, send a re- 
port of the preliminary survey to the applicants, the board of supervisors, 
fish and game commission, state soil conservation committee, state board 
of health, and other affected state and federal resource agencies for their 
comments. 

History: En. Sec. 5, Ch. 100, L. 1969; Amendments 

amd. Sec. 1, Ch. 302, L. 1971. The 1971 amendment increased from 

six months to one year the time allowed 
by subdivision (2)(g) for the report of 
preliminary survey. 

89-3407. Feasibility study and report — adjustment of proposed bound- 
aries. After the hearing, the applicants, or any one of them, may re- 
quest the water board to prepare a detailed feasibility study of the pro- 
posed district. If the water board concludes that the proposed district 
is feasible, desirable, and consistent with the state water plan, it shall 
prepare a feasibility report, and sooner than one (1) year after receipt of 
the request, send copies to the applicants, if any, the fish and game com- 
mission, state soil conservation committee, state board of health, and 
other affected state and federal water resource agencies. For good cause 
shown based upon the actual technical problems in completing the report, 
the water board may use necessary additional time to complete and dis- 

113 



89-3407 WATERS AND IRRIGATION 

tribute the report. The detailed feasibility report shall describe the pro- 
posed works and contain an estimate of the cost of the works, the means 
of financing, and the estimated costs of operation and maintenance. The 
water board may adjust the boundaries of the proposed district to improve 
the feasibility, desirability and consistency with the state water plan, 
and to exclude land which would receive no direct or indirect benefits 
from the proposed district. 

History: En. Sec. 7, Ch. 100, L. 1969; allowed for the feasibility report by the 
amd. Sec. 1, Ch. 303, L. 1971. second sentence from six months to one 

Amendments 

The 1971 amendment increased the time 



114 



TITLE 93— CIVIL PROCEDURE 

CHAPTER 26— LIMITATION OF OTHER ACTIONS 

Section 93-2612. Actions relating to bond issues, time for bringing. 



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. 



115 



TITLE 94— CRIMES AND CRIMINAL PROCEDURE 



CHAPTEB 14— ELECTION FRAUDS AND OFFENSES— CORRUPT 

PRACTICER ACT 
Section 
94-1436. Record of statements — copies. 

94-1436. (10782) Record of statements— copies. All statements shall 
be preserved by the officer with whom they are filed during the term of 
office to which they relate, and shall be public records subject to public in- 
spection, and it shall be the duty of the officers having custody of the 
same to give certified copies thereof in like manner as of other public 
records. 

History: En. Sec. 17, Init. Act, Nov. Amendments 

1912; re-en Sec. 10782, EC. M 1921; The 1971 amendment substituted "by 

^"'^i: o^?- T 'iS; ' ' ^"^ • ^^''- ^^^ «ffi<^er with whom they are filed during 

1, Cn. 251, li. 1971. the term of office" for "for six months 

after the election." 



117 



READY-REFERENCE INDEX 



References are to Sections of the Montana Codes and Constitution 

Absentee voting 

death of elector before election, ballot does not count, 23-3709 

delivery of ballots to election judges, 23-3709 

mailing ballots to elector, envelopes, instructions, 23-3706 

registration 

cancellation for failure to vote, 23-3013 
rejection of ballots, 23-3709 
school elections, 75-6416 

United States servicemen and citizens temporarily residing outside territorial 
limits 

cancellation of registry for failure to vote, 23-3013 

classification of Federal postcard application, 23-3721 

"elector in the United States service" defined, 23-3718 

oath required, 23-3720 

registration of electors whose service or employment has terminated, 23-3724 
Airports, tax levy for establishment by counties and cities, 1-804, 1-917 

Apportionment and representation 
congressional districts, 43-107 
legislative apportionment, 43-106.6 to 43-106.9 

Ballots 

absentee ballots, mailing to electors, envelopes, instructions, 23-3706 
names of candidates and party designation printed on ballots, 23-3509 
school elections, 75-6403, 75-6408 

Bond issues 

contest of election, grounds for challenge, time for filing petition, 23-4201 
limitation of actions relating to bond issues, 93-2612 
qualifications of voters. Const. Art. IX, § 2 

legislative policy and purpose, 23-2701.1 

school elections, 75-6410.1 
"taxpayer" stamped on precinct register, 23-3012 
school district bond issues, 75-7110 to 75-7118 

county bond issues for high school purposes, 75-7134 to 75-7136 
Candidate's statement of expenditures, preservation of record, copies, 94-1436 

Cities and towns 

biennial elections of officers, 11-709 

bond issues, petition and election requirements, 11-2306, 11-2310 

limitation of actions relating to bond issues, 93-2612 

Eevenue Bond Act of 1939, election requirements, 11-2404 
commission form of government, violations in elections, 11-3116 
commission-manager form of government 

compensation of commissioners and mayor, 11-3248 

violations in elections, 11-3229 
contracts for purchases or construction over five years, election, 11-1202 
nominations 

declining nomination, 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 

primary election provisions applicable, 23-3302 

recall of elective officers, 11-721.1 

sewage system, establishment, bond issues, elections, 11-2217, 11-2218 

special improvement district revolving funds, 11-2271, 11-2275 

terms of officers, 11-709 

urban renewal projects and plans, bond elections, 11-3906 

water supply system, establishment, bond issues, elections, 11-2217, 11-2218 

Clerks of elections, 23-3201 to 23-3204, 23-3206 

119 



READY-REFERENCE INDEX 

References iire to Sections of tlie Montana Codes and Constitution 

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 
recjuirenients for organization, 75-8104 
tax levy, additional lev}' proposition, 75-8131 
trustees of district, 75-8107, 75-8113 to 75-8116 

Conservancy districts, preliminary survey, feasibility study, 89-3405, 89-3407 

Constitution of Montana 

constitutional convention, Const. Art. XIX, § 8, note 

proposed amendments, submission to electors, Const. Art. XIX, § 9 

Corrupt Practices Act, preservation of records of statement of expenses, copies, 94-1436 
County bond issues, petition and election, 16-2021, 16-2022, 16-2026 
limitation of actions relating to bond issues, 93-2612 

County officers, qualifications for office, 16-2401 

County seats, election on location, registration of voters, 16-405 

County superintendent of schools, election, qualifications, term, oath, vacancy, 75-5802, 

75-5803 
County water and sewer districts, bond election, 16-4517 
District officers, qualifications for office, 16-2402 
Holidays, state general election day, 19-107 
school holidays, 75-7406 

Hospital districts, election of board of trustees, 16-4307 
Independent candidates, certificates of nomination, 23-3318 

secretary of state's determination of number of signatures required in census 
divisions, 23-3318.1 

Judges and clerks of elections, 23-3201 to 23-3204, 23-3206 
Legislative assembly, apportionment, 43-106.6 to 43-106.9 
Levy, debt or liability question 

limitation of actions relating to bond issues, 93-2612 
qualifications of voters. Const. Art. IX, § 2 

legislative policy and purpose, 23-2701.1 
school elections, 75-6410.1 
"taxpayer" stamped on precinct register, 23-3012 

Nominations 

declining nomination, procedure, 23-3321 

independent candidates, certificates of nomination, 23-3318 

secretary of state's determination of number of signatures required in 
census divisions, 23-3318.1 

vacancies before and after primary, filling, 23-3321 
Pollbook, list of persons voting known as pollbook, 23-3610 
Precinct register, preparation, contents, delivery, 23-3012 

city or school district, charges for preparation, when not required, 23-3027 

marking by election judges at polls, procedure, 23-3610 

printing and posting list of voters, 23-3023 

Primary elections 

cities over 3,500 population, applicable provisions, 23-3302 
precinct register, marking, procedure, 23-3610 
vacancies before and after primary, filling, 23-3321 

Qualifications of electors 

age for voting, Const. Art. IX, § 2, 23-2701(1) 

United States Const., Amend. 26 
citizenship requirements. Const. Art. IX, § 2, 23-2701(1) 
felons prohibited from voting. Const. Art. IX, § 2, 23-2701(2) 

cancellation of registry, 23-3014 

insane persons prohibited from voting, 23-2701(3) 
levy, debt or liability question. Const. Art. IX, § 2 

legislative policy and purpose, 23-2701.1 
school elections, 75-6410.1 

"taxpayer" stamped on precinct register, 23-3012 

120 



READY-REFERENCE INDEX 

References are to Sections of the Montana Codes and Constitution 

Qualifications of electors (Continued) 

registration required, 23-2701(1) 

residence requirements, rules, Const. Art. IX, § 2, 23-2701(1), 23-3022 

school elections, 75-6410 
Registration, requirement for, 23-2701(1) 

cancellation of registry, 23-.3013, 23-3014 

close of registration, time for, procedure, 23-3016 

liiglnvay patrol to submit new-voter lists to political parties, 23-3001 

precinct register and lists, preparation by registrar, 23-3012 

school district residence included in registration, 23-3004.1 
Residence, qualifications of electors, rules, Const. Art. IX, §2, 23-2701(1), 23-3022 
School ]>uildings 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 

sale or disposition of abandoned or unsuitable property, 75-8205 

trustees' responsibility for property, 75-8201 

School districts and trustees 

abandonment of district, 75-6512, 75-6513 

high school district, attachment to another district, 75-6524 
annexation of districts 

elementary districts, 75-6507 to 75-6510 

high school distiicts, 75-6519 to 75-6526 
appointment of trustees in high school district operating county high school, 
75-5921 

vacancy in office, filling, 75-5922 
bond issues of district, election required, procedure, 75-7110 to 75-7117 

qualifications of electors, policy of state, 75-6410.1 

refunding bonds, election not required, 75-7109 

resolution for issue, 75-7118 

building reserve fund, authorization and purpose, 75-7205 

child care institution district boundaries changed by land acquisition, 75-6515 

community college districts, 75-8104 et seq. — See Community college districts, 

above 
consolidation of districts 

elementary districts, procedure, 75-6506, 75-6509 to 75-6511 

high school districts, procedure, 75-6519 to 75-6526 
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, conversion to elective 
system for trustees, 75-5923, 75-5924 

nominations for office, 75-5913, 75-5914 
elections on school matters, 75-6401 et seq. — See School elections, below 
eligibility for office of trustee, 75-5913 
interstate agreements for joint school facilities, 75-7308 
new districts, creation 

elementary district, 75-6517, 75-6518 

high school district, 75-6521 to 75-6523 

number of trustee positions, 75-5902 

additional positions in high school districts, 75-5903 to 75-5905 
high school district oi)erating county high schools, 75-5920 

oath of office, 75-5916 

time of taking oath, 75-8304 

vacancy, person appointed to fill, 75-5918 

property of district, trustees' power over, 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 

qualifications of electors, policy of state, 75-6410.1 
terms of office of trustees, 75-5906 to 75-5910 

high school district oi)erating county higli school, 75-5925 

vacancy, term for filled, 75-5911 

121 



READY-REFERENCE INDEX 

References are to Sections of the Montana Codes and Constitution 

School districts and trustees (Continued) 

transfer of territory between districts 
elementary districts, 75-6516 
high school districts, 75-6519 to 75-6526 
transportation, transfer of territory for school bus transportation purposes, elec- 
tion, 75-7015 
unified county high school and elementary district, procedure, adjustments and 

transactions after approval, 75-6538, 75-6539 
vacancy in office, circumstances creating, filling, 75-5917, 75-5918 

School elections 

absentee voting, 75-6416 

superintendent of public instruction to prepare forms and rules, 75-5707 
annual election days, 75-6404 
ballot required in all elections, 75-6403 

format of ballot, establishment by trustees, 75-6408 
bond issues, election procedure in districts, 75-7110 to 75-7118 

county bond issues 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 
counting of ballots, 75-6422 
elections to which provisions apply, 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 in registration by county registrar, 
23-3004.1 

signature of list by electors voting, 75-6422 
notice of election, posting, publication and contents, 75-6409 
opening and closing of polls, 75-6405 
order for election, time limitation for election, 75-6407 
pollbook kept by election clerk, 75-6422 
polling places for elections, 75-6408 
precinct register, preparation, charge by county registrar, when not required, 

23-3012, 23-3023, 23-3027 
publication of election results, 75-6423 
qualifications of electors, 75-6410 

tax or debt questions, policy of state on qualifications, 75-6410.1 
registration of voters, closing, 75-6413 

resolution of election, contents, when adopted and transmittal, 75-6406 
return of records and supplies to trustees, 75-6422 
special elections, when called, 75-6404 
supervision of elections by trustees, 75-6418 
supplies provided to polling places, 75-6418 
trustees' election duties, 75-5933 
trustees, election of, 75-5912 et seq. 
voting machines, use in school 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, 
75-5702, 75-5703 

powers and duties relating to elections, 75-5707 
Secretary of state, independent candidates, determination of number of signatures 

needed for nominating petitions in census divisions, 23-3318.1 
Taxation, referendum upon the 1971 Montana Revenue Act, Title 84, note 
Township officers, qualifications for office, 16-2402 

122