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